City Council - 09/12/1967 - Village Meeting COUNCIL MEETING 12 September, 1967
The meeting was called to order at 8:00 P.M. by Mayor Osterholt.
PRESENT WERE:
David Osterholt, Mayor Rolf E. Haugen
James C. Brown, Clerk Quentin K. Wood, APW
Alvin J. Bren W. Harlan Perbix, Attorney
Arthur W. Miller Donald Brauer, Planner
® Paul R. Redpath
The invocation was given by Rev. C. M. LaGrone, followed by the Council and
x audience joining Mayor Osterholt in the Pledge of Allegiance.
ITEM 9-2-67 MINUTES OF B-22-67
The motion, was made by Paul Redpath, seconded by Alvin Bren to approve the
minutes as published.
The motion carried.
ITEM 9-3-67 VOUCHERS t
Motion was made by Paul Redpath, seconded by David Osterholt to approve vouchers
2419 thrmugh 4484 for payment.
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The motion carried.
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4C ITEM 9-4-67 PUBLIC HEARING
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o This is a hearing on the M-2 property in the southwest part of the village,
0 south of Pioneer Trail and the small piece north of Pioneer Trail, west of A
= Riley rake Road. ,
The only opposition was a letter from Mrs. Alice Zell. Mr. Dorenkemper, who
owns one parcel of property in the area, was in favor of the rezoning. No
other persons spoke for or against the rezoning.
Motion was made by Arthur Miller, seconded by Paul Redpath to instruct the
attorney to draft an ordinance rezoning this property from M-2 to R-1.
The motion carried.
ITEM 9-13-67 NINE MILE CREEK, INC.
Request for a land alteration permit for Nine Mile Creek, Incorporated, on the
property which they own along Highway 169 just north of Valley View Road in the
Village of Eden Prairie.
Mr. Paul Redpath felt that this matter should be referred back to the Zoning
Board for further study and he made a motion which was seconded by Mayor Osterholt
to refer the problem back to the Planning and Zoning Board for further study.
Upon a roll call vote, Paul Redpath voted yes, Arthur Miller voted no, Alvin Bren
voted no, James Brown voted no, and David Osterholt voted no.
X The motion was denied.
Mayor Osterholt then asked the engineer, Mr. Quentin Wood to present the request
for the Council's consideration. Mr. Wood showed us the map of approximately 70
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COUNCIL MEETING 2 12 September, 1967
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U. acres that Nine Mile Creek, Inc. own. The Highway Department was taking
o approximately 58 acres for the relocation and up grading of State Highway 169.
p In doing this, the Highway Department Would be establishing grades in the area
= for the highway and slope easements would be necessary in order to provide a
propert cut in the area. The Highway Department was cutting the hills that
presently exist on this property and have over a half million cubic yards of
surplus material to be removed from this particular area so that the final
road plan would show a large cut through the property owned by Nine Mile Creek,
Incorporated. The Nine Mile Creek's request for land alteration was to adapt
the balance of the property to the grade being established by the highway. This
would bring their property level with the highway farther east and under our
requirements, instead of the 1 1/2 to 1 slope which the highway would establish,
a 4 to 1 slope would be established in the area. In order to do this, the Nine
Mile Creek property people would also have excess material to remove from the
area and are asking for the land alteration at this time so that they can move
the material before their access to Highway 169 is closed.
Mr. Quentin Wood presented a letter from the District Engineer of the Highway
Department stating that they had reviewed the plan and could find nothing wrong
with it and were in agreement with the proposed grades as shown by the Nine Mile
Creek, Inc. people. Mr. Quentin Wood, also stated that the plan had been sub-
mitted to the Nine Mile Creek Watershed District. He had talked to the engineer
who felt that this was not harming the creek as some of the cater would be changed
h from flowing into the creek into Bryant Lake and then slowly released into the t
creek area. He stated that the Board would not meet until September 20,.1967 at
` which time a decision would be rendered on this particular request.
Mr. Russell Marsh, one of the managers of the Nine Mile Creek Watershed District
was in the audience. He stated that he could not speak for the District until
it had acted on a matter but that this would be on their agenda for the meeting
of the 20th.
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Mayor Osterholt stated that he had talked to Mr. Norm Osterby, the Assistant
District Engineer of the Minnesota Highway Department and he confirmed the fact
F.. that the half million yards of excess material was in the area which the Highway
Department would have to have removed in order to build the road.
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Mr. Paul Skjervold, attorney representing the Enbloms and Petersons stated that
he felt, maybe, the Village was acting in haste. He recognised the fact that
the Village had the prerogative of giving the permit. He felt that there were
too many gravel mines in this area and more of it should be left of residential
nature.
Mr. Russell Marsh stated that he felt that this was being acted on with more haste
then was necessary.
Mr. Skjervold felt there was no haste as nothing moved until next spring. Mr.
Wood explained that the access being restricted would up the cost of moving the
material.
Mr. Paul Redpath wanted to know if this was a land alteration to move material
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COUNCIL MEETING 3 12 September, 1967
across the highway or for sale. Mr. Wood stated that the material was being
removed from the site not to other land owned by Mr. Schoenfelder in this
particular area.
Mr. Brauer had a report on the area in which he stated that the Council in
granting the C-2 zoning to the area had in effect granted the alteration of the
area to fit the zoning. As the area is presently developed, would not allow C-2
development under the Village ordinances and in order to make it buildable under
the C-2 zoning, a land alteration would have to be accomplished in the area.
Mr. Gary Kostecka wanted to know if this was a land alteration or a mine.
Mr. Quentin Wood said it was a request for a land alteration and in order to
have full control it should be handled under our mining licenses under Ord. #36.
Mayor Osterholt asked if we allowed the removal of material under land alteration
permits. Mr. Quentin Wood stated we have in the past where it was necessary to
move the material from the site. In other cases, material has been moved around
on the site and not been moved from an area owned by the individual seeking the t
land alteration permit.
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After some more discussion on whether or not the permit will change the value of
the property or up the cost to the State Highway Department for the road, a
motion was made by Alvin Bren, seconded by James Brown to grant a land alteration
permit to Nine Mile Creek, Inc. subject to Highway Department and Nine Mile
Creek approvals. The Highway Department had granted approval on this in a written
letter to the Council which was presented by Mr. Wood.
An amendment to the motion to hold approval until 9-20-67 for the Nine Mile
Creek Watershed approval. Upon a vote on the amendment, Paul Redpath voted yes,
Arthur Miller voted no, Alvin Bren voted yes, James Brown voted yes, and
David Osterholt voted yes.
The motion on the amendment carried.
Upon a roll call vote on the motion, Paul Redpath voted yes, Arthur Miller voted
no, Alvin Bren voted yes, James Brown voted yes, and David Osterholt voted yes.
The motion carried.
ITEM 9-16-67 SANITARY LAND FILL
Mr. Stow and Mr. Grill were both present at the meeting. Mr. Stow brought up
the fact that Mr. Brauer's report was not favorable to his proposal for a land
fill. He felt that Mr. Brauer had not completely studied the area.
Mr. Brauer explained that he had only studied the two sites as to whether or not
a land fill was feasible in the area and whether he would recommend the sites be
considered as far as development plans in either area, this was not studied.
Mr. Stow said they were now changing their request and he would be considering
the operation of a dry land fill with no garbage allowed. Mr. Brauer had not made
a recommendation based on this. Mr. Stow is to present this information to
Mr. Brauer for study and a report.
COUNCIL MEETING 4 12 September, 1967
Mr. Martin Grill stated he was in no hurry for a final decision at this point.
He felt that they could wait until Mr. Brauer had a chance to go over it.
Mr. Brauer and the parties, Mr. Stow and Mr. Grill will again have a chance to
discuss this on 9-26-67.
Mr. Leslie Blacklock wanted to go on record that the Metropolitan Council was
interested in a park area in the Anderson Lake area.
ITEM 9-5-67 DUCK LAKE DRAINAGE
Mr. Virgil Muller and Mr. Robert Robertson of Rieke-Carroll-Huller presented
a report of Rieke-Carroll-Muller to the Council. Mr. Robertson went through
the report for the benefit of the Council and audience. There were some
questions by members of the audience as to why certain recommendations were evade
in the report and the report gave several altereeAtives for the Council to consider.
One of them being the setting of the lake level which would require a hearing
by the State Department of Conservation.
A motion was made by Alvin Bren, seconded by Paul Redpath to accept the report
of Rieke-Carrol'.-Muller and place it on file and to hold an informal meeting
with the residents involved in the drainage area on September 29, 1967 at
7:30 P.M. at the Village Hall.
The motion carried.
ITEM 9-6-67 SOUTHWEST SANITARY DISTRICT
C Mr. Muller an Mr. Re pat reporte tatat the last meeting they had discussed
certain things in general with no final reports. At the next meeting there will
be a report on financing and on site selection. There will be further information
presented to the Council at it's next meeting.
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ITEM 9-10-67 W.M.R. ENTERPRISES REQUEST FOR DANCE HALL LICENSE FOR THE BARN
Th�r'Tc-"went over the application form presented y Mr. Roslansky for
Enterprises, Inc. The application had answered all the items spelled out in
the ordinance and have been signed by two free holders of the Village.
Motion was made by Alvin Bren, seconded by Paul Redpath, to grant a dance hall
license to W.M.R. Enterprises for the 'Barn' with the fee for this particular
license for 1/3 of a year.
The motion carried.
ITEM 9-14-67 PETITION ON COUNTY ROAD #18
Mr. Herb Mason who asked to be on t e age a was not present. Mr. William Pierson,
another property owner on old County Road #18 presented the petition to the `
Council which asked that the Council consider the utilities of water and sewer
with upgrading the road to work out a plan with the Village of Edina for this
and present some cost factors to the property holders. r
The motion was made by Paul Redpath, seconded by Alvin Bren to accept the petition
and place it on file.
The motion carried.
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COUNC IL MEETING 5 12 September, 1967
ITEM 9-12-67 FOTO I4ARK INC.
Mr. Bill Bury of Foto Mark appeared before the Council with a request for a
special use permit to expand their present building to the east. The outside
material would conform to the SI requirements for the exterior surfaces as
presently used on the building.
Motion was made by Alvin Bren, seconded by Paul Redpath to approve the
expansion plans for Foto Mark subject to detailed plans to the Building
Inspector.
The motion carried.
ITEM 8-30-67 RESOLUTION ON STARING LAKE
The resolution was not ready and will be on the next agenda.
(� ITEM 9-7-67 DOG ORDINANCE
The Clerk read the first reading of the dog ordinance as presented by the
attorney. There was some suggestion that some changes should be made in the
ordinance to conform to some requirements of the Village. These will be
placed in the ordinance for the next reading.
A motion was made by Paul Redpath, seconded by Alvin Bren to adopt the first
reading of the Ordinance #106, the dog licensing ordinance.
The motion carried.
The second reading of Ordinance #105, which is a change to Ordinance #97.
Motion was made by Paul Redpath, seconded by David Osterholt to dispense
with the reading and move for the adoption of Ordinance #105.
f' The motion carried.
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ITEM 9-11-67 STREET DEPARTMENT
1. Roof on the Village garage.
o Mr. Ray Stodola reported that he had checked into the requirements and submitted
= the bids and felt that the bid of Mr. Remus best met the needs of the Village.
One requirement that Mr. Remus stated, he would give a ten year guarantee if the
Village would coat the roof within a period of five years.
Motion was made by Alvin Bren, seconded by Arthur Miller to accept the rid of
the Remus Roofing Company for a new roof on the Village garage.
The motion carried.
2. Loader for the Moline Tractor.
Mr. Ray Stodola asked permission to get informal bids on a loader for the Moline
tractor so that it could be used this winter for the loading of salt and sand
for the Village streets and save the crawler type tractor from the corrosive
action of the salt during the winter months.
This was approved and Mr. Ray Stodola is to get bids for a loader for the
Moline tractor.
( 3. The small FWD.
Mr. Ray Stodola reported that the small FWD has needed approximately $50.00 in
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COUNCIL MEETING 6 12 September, 1967
repairs to make it completely operative for the winter.
Motion was made by Paul Redpath, seconded by James Brown to authorize the
expenditure of $50.00 for repairs for the small FWD.
The motion carried.
4. Bituminous maintanence unit.
Mr. Wood asked for permission to advertise for bids for a bituminous maintanence
unit.
Motion was made by Alvin Bren, seconded by David Osterholt to advertise for bids
for the bituminous maintanence unit. The bids to be taken the first meeting in
November.
The motion carried.
ITEM 9-15-67 VILLAGE OF EDINA
Request for consideration in a joint operation on the improvements along old
County Road #18.
A motion was made by Paul Redpath, seconded by Alvin Bren to instruct the
attorney to draft a resolution stating Eden Prairie's position regarding
participation in the improvements and installation of the utilities along old
County Road #18.
The motion carried. '
ITEM 9-18-67 ENGINEERING DEPARTMENT
Item 1 F 2.
There is nothing further to report on Westgate and Sunset Ridge.
3. Platting of public roads.
Mr. Perbix suggested that we withhold this until we are prepared to plat a
road in which time we will adopt the resolution.
4. Topo map.
Councilman Redpath reported that Mr. Gallager of the Attorney General's office
had informally advised him that this was not a bidable item. If an official
opinion was required, it would be necessary to have the Village attorney request
such an opinion from the Attorney General's office. Because the Council was in
the process of working on the 1968 budget, this would be one of the items to be
considered in the budget. No action was taken on the topo map at this time.
5. Authorization to hire an engineering aid.
Mr. Wood explained that he had a lot of work to do and that he was behind in
many projects including plats. He requested permission to hire an engineering
aid for the balance of the year.
The Council felt that they would think this over and give Mr. Wood an answer
at the next meeting.
6. APWA Convention.
Mr. Wood explained that this wasput on the agenda as other Villages were con-
COUNCIL MEETING 7 12 September, 1967
sidering sending people, he felt that he would not have time to go this year.
No other action was taken on this matter.
ITEM 9-19-67 VILLAGE BUDGET MEETING
Motion was made by Paul Redpath, seconded by David Osterholt to change the
meeting date from 9-15-67 to 9-14-67.
The motion carried.
ITEM 9-9-67 LETTERS AND COMMUNICATEONS
The Clerk read a letter from Mr. W. J. Sime requesting that action on his
rezoning be delayed until he returns from Florida in the spring. The letter
stated that he had talked with Mr. Don Brauer and Mr. Brauer stated that he
would not be able to come up with a report before the Sim4s left for their
Florida home for the winter and Mr. Brauer felt that this could be delayed as
there were other items on which he could work.
The Clerk is to send a letter to Mr. W. J. Sime and Mr. Brauer to this effect. fi
The project is to be delayed until March or April at which time the planner is
to make a study of the golf course area and Mr. Sime will be asked to consider
the report as presented by Mr. Brauer.
Mr. Arthur Miller requested that a change in Ordinance #93, Subdivision 2,
Section 11, be made, doleting the 100 foot dedication and making it 50 for the
park land along the creek drainage ways in thQ Village.
The motion was made by Mr. Arthur Miller, seconded by Alvin Bren to instruct the
attorney to prepare an ordinance deleting Subdivision 2, Section 11 of Ordinance
#93.
Upon a roll call vote, Paul Redpath voted no, Arthur Miller voted yes, Alvin
Bren voted yes, James Brown voted yes, and David Osterholt voted no.
The motion carried.
Mr. Brown moved, seconded by David Osterholt to have a planner report on this F
section of Ordinance #93.
The motion carried.
The Clerk read a letter from the League of Municipalities stating that regional
meetings of the League would be held in the Spring Lake Park Village Hall on
October llth and in the Southview Country Club in West St. Paul on October 19th.
As the two areas are about equal distance from our community, either area would
be acceptable to the Village for its members to attend. It was felt that some
of the Councilmembers and the Clerk and Mayor would possibly want to attend these
meetings.
Notion was made by Paul Redpath, seconded by David Osterholt to authorize the
Clerk and other members of the 'eouncil to attend the regional meetings of the
League of Municipalities.
The motion carried.
The Clerk brought up the request for holding a public hearing for the Bury Carlson
and Peters properties in the northern part of the Village. This had been passed
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COUNCIL MEETING 8 12 September, 1967
u from the Planning and Zonis Commission.
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Motion was made by Arthur Hiller, seconded by Alvin Bren to adopt a resolution
setting a public hearing for October 24, 1967.
,The motion carried.
ITEM 9-8-67 INFORMATION REQUESTS BY CITIZENS NOT ON THE AGENDA
Mrs., PEyllis Olson again requested action on the dilapidate3 buildings. She was
advised to present the Council with buildings she wished inspected and checked on
by the legal description or name of owner. Mr. Perbix read for her information
and the Councils, the State Statutes on dilapidated buildings. Mrs. Olson is ;
to present the Council with a list of buildings which she feels meet the qualifi-
cations of the State Statutes.
Mrs. Robert Gartner said that she felt the Village had a need for a Village
manager.
Mrs. Frances Blacklock wanted to know why Northern States Power was not on the
agenda. She was advised that NSP had requested that they not be placed on the
agenda as they were not ready.
Mrs. Geneva Middleton wanted to know why G.P. Schoenfelder was given priority
over other individuals who have plats in.
Hr. Wood explained that certain requirements had dictated the priority with
which he handles the work. The Dorenkemper property had not been rezoned until
the meeting of this evening and therefore, it could not be properly handled as
a residential plat and that other properties had other requirements against them
which had not been met.
ITEM 9-17-67 TAPE RECORDER FOR THE VILLAGE HALL
e Clerk reported tb for approximately $150.00, a tape recorder of the type
used by the Vil&4ge since early winter could be purchased with additional
microphone to be placed out in the chamber area and other items of equipment to
operate the recorder.
Motion was made by Paul Redpath, seconded by David Osterholt to authorize the
Clerk to purchase a tape recorder.
The motion carried.
Motion was then made by Paul Redpath, seconded by James Brown that the meeting
be adjourned at 12:20 A.M.
The motion carried. c
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James Brown, Clerk
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