City Council - 10/24/1967 - Village Meeting ? COUNCIL MEETING 24 October, 1967
The meeting was called to order at 8:00 p.m. by Mayor Osterholt.
PRESENT WERE:
David W. Osterholt, Mayor Paul R. Redpath
James C. Brown, Clerk Rolf E. Haugen, Treasurer
Arthur W. Miller Harlan Perbix, Attorney
Alvin J. Bren Don Brauer, Planner
ITEM 10-17-67 INVOCATION
The invocation was given by Father Firman from St. Hubert's church in
Chanhassen. Then the audience and Council joined the Mayor in the Pledge
of Allegiance to the American flag.
ITEM 10-18-67 MINUTES
1. Minutes of the special meeting of 10-3-67.
Motion was made by Alvin Bren, seconded by Paul Redpath to approve these
minutes as published.
The motion carried.
2. The minutes of the regular meeting of 10-10-67.
Mr. Paul Redpath questioned whether the parties had requested a variance on
the use of block in place of brick in Item 10-7 on the spe cial use permit.
In checking into this it was found they had presented this as an 'or equal'
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under the terms of the ordinance where it says, 'brick, masonary construction
and or equal' and this is what was approved.
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Motion was made by Paul Redpath, seconded by Arthur Miller to approve the F
minutes as published.
The motion carried.
ITEM 1C-19-67 PUBLIC HEARING �
Mr. Jim Bury appeared for Bury and Carlson in the Peters property in which
they have an option requesting that the rezoning be to M-2 so that they could
set up a black top plant operation and have it completely surrounded and
screened from the neighboring operations and all of their residue if there
was any residue would be on their property. They stated that they had enough
property zoned M-2 to put in a black top plant but it would be very close to
the neighbors on the east and this they would prefer not to do. y
This item had appeared before the Planning and Zoning Commission and a report
had been made by Mr. Brauer to the Commission who had recommended approval of
the rezoning.
Mayor Osterholt stated that there were some people in the Kings Forest area
who wanted to appear to check into the matter and they were not in the audi-
ence at this time.
He requested that we consider continuing the hearing to the next meeting at
which time we would make a decision and the people from the Kings Forest
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COUNCIL MEETING 2 24 October, 1967
area could appear if they so desire.
Motion was made by Alvin Bren, seconded by Arthur Miller to continue
this hearing until 11-14-67.
The motion carried.
ITEM 10-20-67 REQUEST FOR BLACK TOP PLANT
This item is continued until 11-14-67 along with Item 10-19-67.
ITEM 10-21-67 BLACK TOP PLANT PERMITS - TIME LIMIT
Black top plant permit requested to be five years instead of one year.
This is coming from the Planning and Zoning Commission who had recommended
a five year permit.
It was felt by the Council that the people who operate the black top plant
in the Village should know where they stood when they were bidding on con-
tracts that would run longer than a year but it was generally felt that the
five year permits were too long.
Motion was made by Arthur. Miller, seconded by Alvin Bren to have the Attorney
draft a resolution stating a permit time would be two years with the license
renewable six months in advance of expiration.
The motion carried.
ITEM 10-22-67 MINNEAPOLIS GAS COMPANY - MINNESOTA VALLEY NATURAL GAS COMPANY
Representatives of the Minneapolis Gas Company and the Minnesota Valley
Natural Gas Company appeared before the Council to request approval of
Minnesota Valley serving the Westminister Heights Camp on the western edge
of Eden Prairie as it was not feasible at this time for the Minneapolis Gas
Company to run a line to this area, the cost being prohibitive and the
Minnesota Valley Natural Gas Company having service within a matter of a few
hundred feet. The Minneapolis Gas Company was agreeable to allowing the
Minnesota Valley people to serve this area. They were questioned as to
whether they would serve the entire length of Riley Road to the railroad
track. The representatives stated that they would go no farther then the edge
of the Westminister Heights rpoperty and then a line going directly to the
property to serve it. It was specified that they would have to follow the
terms of the Minneapolis Gas Company's franchise and ordinances as far as
operations in the Village are concerned. A letter will be requested of
Minnesota Valley Gas Company that they will be doing this.
Motion was made by Paul Redpath, seconded by Arthur Miller to grant permission
to Minnesota Valley Gas Company to serve the Westminister Heights area.
The motion carried.
ITEM 10-13-67 PLANNING REPORTS
Mr. Brauer of Brauer g Associates appeared before the Council to present two
planning reports.
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COUNCIL MEETING 3 24 October, 1967
1. Report #7 with its addenda which covered the Mobile Homes. This was
requested by the Council. He presented the full report to the community.
A motion was made by Paul Redpath, seconded by Alvin Bren to accept the report
for further study.
The motion carried.
He stated that he would be presenting this same report to the School Board
at their next school board meeting.
2. This report was requested by the Council on Ordinance #93. This is
Planning Report #14 with its addendum.
Mr. Brauer presented the full report to the Council. Mayor Osterholt
stated that the Park and Recreation Board was holding a special meeting on
the 30th of October to study this report after Mr. Brauer had presented it
to the Council and asked that the Council withhold any action until the Park
people had made a comment on it.
Motion was made by Paul Redpath, seconded by Mayor Osterholt to accept the
report for study and refer this to the Park and Recreation Commission for a
report.
The motion carried. {
ITEM 10-25-67 SOUTHWEST SANITARY SEWER DISTRICT
Mr. Robertson of Rieke-Carroll-Muller, Mr. Paul Redpath, and Mr. Carl Dever,
Village Attorney of Minnetonka, appeared before the Council advising them
that the meeting had been held at the Minnetonka Village Hall on the 19th
in which information was presented as to possible costs of certain sites
and a study of two of the possible sites had been completed.
Mr. Carl Dever also stated that the Village of Minnetonka had received
information from their engineering firm that the Federal Government would
approve of approximately one million dollars in federal funds for the
construction of the plat and trunk line and asked Eden Prairie to approve
Minnetonka's sending a letter to the Minnesota Pollution Control Agency
that they agreed to this.
Mayor Osterholt felt that we should have time to completely study this and
could act on this at the next meeting. Also the repo—t from the engineering
firm which the Council had not seen would be taken under advisement and
studied and this would be on the agenda for the next meeting.
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No further action was taken on this matter.
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COUNCIL MEETING 4 24 October, 1967
ITEM 10-23-67 VILLAGE ATTORNEY
1. Ordinance 106 - Dog Ordinance.
Mr. Perbix stated that he had not been able to complete all of the information
from Dr. Wright and Mr. Toensing had not been in contact with him. They were
to make arrangements for a meeting and this would be on the agenda for the
next meeting.
2. Ordinance 107. This is the ordinance rezoning the property south of
Pioneer Trail from M-2 to R-1.
Motion was made by Paul Redpath, seconded by Alvin Bren to dispense with the
first reading and adopt the first reading of Ordinance #107.
The motion carried.
3. Ordinance #108 will be on the next agenda.
4. Resolution on Duck Lake level was not ready.
5. Resolution on Suburban Hennepin County Nursing District.
Motion was made by Arthur Miller, seconded by Paul Redpath to adopt
Resolution 182 to join the Suburban Hennepin County District for 1968.
The motion carried.
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ITEM 10-24-67 STREET DEPARTMENT
1. Loader for moline tractor. No information.
2. Snow plow for the CAT grader. It was reported that in further checking
that a new snow plow from Ziegler would cost about the same price as a used
plow, about $150.00 difference. Both being over $2000.00, the attorney
advised that we should bid these items.
Motion was made by Arthur Miller, seconded by Alvin Bren to advertise for
bids for a V plow for the CAT grader to be taken at the meeting of November
27, 1967.
The motion carried.
Motion was made by Arthur Miller, seconded by Alvin Bren to advertise for
a new and used V plow.
The motion carried.
3. Heavy duty hydraulic jack.
Ray Stodola reported that he could get the hydraulic jack that would do the
job for $390.00.
Motion was made by Paul Redpath, seconded by Arthur Miller to authorize the
expenditure of up to and not to exceed $398.00 for the purchase of a heavy j
hydraulic jack for the garage.
The motion carried.
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COUNCIL MEETING 5 24 October, 1967
4. Shop Towels.
With the advent of commercial and industrial development in the Village, there
was now service in the area for shop towels. Mr. Stodola stated that they
could be procured at the garage very easily now on a monthly contract basis.
Motion was made by Arthur Miller, seconded by Paul Redpath to authorize the
shop towel contract for furnishing shop towels to the garage.
The motion carried.
ITEM 10-26-67 ENGINEERING DEPARTMENT
1. Westgate.
Nothing further to report.
2. Sunset Ridge.
Mr. Perbix stated that there would probably ne something on this at the
next meeting.
3. Cedar Ridge Drainage.
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Mr. Quentin Wood presented a report to the Council. This was taken under
advisement for study and will be acted on at the next Council meeting.
4. Topview - release of escrow.
Mrs. Gerard, who is the owner of Gerard, Inc. , requested release of the
escrow funds which have been collected for road improvement in the Topview
plat.
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Mr. Quentin Wood presented a letter to the Council stating that the required
improvements in the Topview, 2nd and 3rd additions had been installed and
that four performance bonds totaling $26,600.00 covering the Northern
Contracting, the contractor on the job, were enforced by the Village. He
recommended release of the escrow funds presently held by the Village in the
amount of $11,730.00.
There was a question of ownership of certain funds as the deposits were made
by individuals other than Gerard's. Inc., one deposit was made by Wal-Don
Builders and one by Rose Noland.
Mr. Perbix stated that the release should be contingent upon. the Village being
furnished letters from Wal-Don Builders and Rose Noland that they were
releasing the Village from all responsibility or a letter from Mrs. Gerard
that she was assuming this responsibility.
Motion was made by Paul Redpath, seconded by Arthur Miller to release the
escrow money. After the attorney's discussion, motion was made by Paul
Redpath and seconded by Arthur Miller to reconsider the above motion.
This motion carried. 1
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COUNCIL MEETING 6 24 October, 1967
Motion was then made by Paul Redpath, seconded by Arthur Miller to release
to Gerards, Inc. , the $11,730.00 escrow funds upon the Village being
furnished with an authorization from Wal-Don's and Rose Noland or an
assumption of responsibility agreement from Gerards to Wal-Don and Rose
Noland on the money deposited in escrow by these two parties.
The motion carried.
5. State Aid Traffic Count Requirements.
Mr. Quentin Wood explained that a year would be required for a traffic study
on the roads which are being proposed for State Aid roads. Mayor Osterholt
requested that further information be supplied to the Council so that it j
could act on this. This will be done prior to the next Council meeting.
6. School bus turn around on Blossom Road,
Mr. Wood stated that the residents had asked for a bus turn around on
Blossom Road so that the bus could come in and pick up their children,
Mayor Osterholt requested information as to cost. Mr. Wood stated that these
were not presently available, that the work could be done by the Village on
fi land donated by property holders in the area. He was recommending approval.
Mayor Osterholt asked him to bring this information to the next meeting.
7. Resolution Re: non encroachment upon Highway 169-212.
This is a resolution furnished by the Highway Department which would permit
I the Village issuing permits and requests to individuals to build directly on
to the limited access roads which is 169-212, and certain areas of the
Village.
Motion was made by Paul Redpath, seconded by Arthur Miller to adopt Resolution
1— #181 on non-encroachment.
finThe motion carried.
ITEM 10-12-67 FIRE DEPARTMENT
Mayor Osterholt stated that he wanted to appoint the committee as he had
brought up at the last Council meeting. Mr. Paul Redpath stated that the
most of the people he had talked to stated that the Fire Department should be
left out of politics. Mayor Osterholt stated that this committee would not
be a political committee but would be set up to work with the Fire Department
people. This is something that had been recommended by Fire Chiefs in other
communities.
Mayor Osterholt stated that he was appointing Councilman Arthur Miller,
Clerk James Brown, and Mayor David Osterholt to this committee.
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Motion was made by Alvin Breu, seconded by James Brown to approve the appoint-
ments. 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 yes.
The motion carried.
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.,„ COUNCIL MEETING 7 24 October, 1967
ITEM 10-27-67 LETTERS AND COMMUNICATIONS
Minnesota Planning Association meeting.
Clerk Brown brought this up to the Council saying that they were holding a
meeting in November which might be of interest to both the Council and
Planning and Zoning.
Motion was made by James Brown, seconded by Paul Redpath to authorize the
expenses of members of the Planning and Zoning Commission and or Council
to attend the Minnesota Planning Association Fall Conference on Friday,
November 170 1967.
This motion carried.
Mayor Osterholt brought forth a proclamation proclaiming November llth as
Veteran's Day as a special day to honor the men and women who have servied
in the Armed Forces of the United States. This proclamation is to be posted
on the Village ball bb4�board. Also he brought out the fact that at
3:30 p.m. on October 26, 1967, a special meeting with the State Highway s
Department will be held in the Village Hall referring to the routing of
169-212 through the Village.
Mr, Quentin Wood stated that he had received a request from Chanhassen that
they were looking for a plumbing inspector. They were wanting to know if
we would consider joint use of a plumbing inspector with them. This would
be taken under advisement with the Village.
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ITEM 10-28-67 INFORMATION REQIJt:STS BY CITIZENS NOT ON THE AGENDA
No one brought forth any information.
A motion was made by Paul Redpath that the motion be adjourned at 11:45 p.m.
The motion carried.
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Jaml C. Brown, Clerk
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