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HomeMy WebLinkAboutCity Council - 05/25/1966 - Village Meeting Council Meeting 25 May, 1966 The meeting was called to order at 8:00 P. M. by Mayor, David W. Osterholt. PRESENT WERE: David W. Osterholt, Mayor Alvin J. Bren, Trustee James C. Brown, Clerk A. W. Miller, Trustee Kenneth E. Anderson, Trustee W. Harlan Perbix, Atty. Quentin K. Wood, APW (5-13-66) MINUTES OF SO MAY, 1966 Motion by Alvin J. Bren seconded by A. W. Miller to approve the minutes of 10 May, 1966, with the following correction: Item 5-B-66, the Council in- structed the Clerk to look into the matter not the Council was instructed to a look into the matter. Motion carried. (5-14-66 ) VOUCHERS Motion by A. W. Miller seconded by Kenneth E. Anderson to approve vouch- ers #3206 through #3212 for payment. Motion carried. (3- 6-66 ) ROAD AND BRIDGE FUND a Bids on trucks. Bids were received from Suburban Chevrolet, Dahlberg Ford, Inc. , Jordon Ford, Hopkins Motor Sales and Middlestead Dodge. The bids ? were opened and read. The apparent low bidder was Hopkins Motor Sales and it would be necessary to completely check all bids for meeting specifications, exceptions, etc. Motion by Kenneth E. Anderson seconded by A. W. Miller to table the bids for study until the meeting of 14 June, 1966. Motion carried. (3-19-66) PUBLIC HEARING -- WILLOW CREEK ROAD IMPROVEMENT Official notice had been mailed to all of the affected property property owners on the Willow Creek Road advising of the Public Hearing for 25 May. Mr. Wood and Mr. Perbix had previously met with Mr. Reddick and several other representatives of the Willow Creek Home Association and had presented them the facts on this road improvement. The cost and what would have to be done in order to bring the road up to a standard. Mr. Reddick representing the 22 residents of Willow Creek appeared, he made the statement that the resid- ents did not want the road improvement as presented in the report and re- quested that the petition be withdrawn. Motion by Kenneth E. Anderson seconded by Alvin J. Bren to continue the hearing until 14 June, 1966, at which time final action can be taken by the Council on all parties involved. Motion carried. Council Meeting -- 2 25 May, 1966 (5-15-66) MR. ROBERT C. EIDEM The State of Minnesota Department of Planning appeared before the Coun- cil, presented information on the types of planning help that are available to the Village. One of these being the Federal 701 plan. Others are strictly Village finance plans using the programs presented by professional planners in s guidance with the State of Minnesota. He left several items of literature for k the Council and Zoning personnel to study. He was asked several questions by the personnel on the Council and from persons in the audience regarding the planning and zoning programs available to the Village to help that could be or could not be expected from the State of Minnesota, the Federal Government and the requirements an a Federal Government Grant such as the 701 program. He did state that the State acts only as a coordinating and reviewing authority and has no actual function as far as the guides for planning or working for a commun- ity in our planning program. The professional help must be procured by the use of professional planning organization. He also stated that once the program was completed if it was involved with Federal Funds there was no longer any Federal intervention in the program. He agreed to present more information to a joint Council, Zoning and Planning Commission, Park Board and School Board meeting at a future date if this was requested by the Boards. No action was taken on Mr. Idem's report at this time. (5-16-66) DIANE KLEIN Letter of resignation from Miss Klein to the Council was presented to the Council. Motion by Alvin J. Bren seconded by Kenneth E. Anderson to accept Diane Klein's resignation and to express the appreciation of the Council for her work the past year as an employee of the Village of Edenz.Prairie. Motion carried. (3- 7-66) SET-UP ORDINANCE Mr. Perbix presented the revised information on the proposed Set-up Ordin4 ance giving us some additional requirements which could be or not be considered by the Council. Among these were the times that the Village would allow an es- tablishment to carry out this operation and the fee that would be charged for the Village portion of the license. ' Mention by Kenneth E. Anderson seconded by Alvin J. Bren to adopt Ordinance # 71 setting the fee at $200.00 for a full year and $100.00 for a partial year with the fee pro rata on the difference between $200.00 and $100.00 for that part of the year which would be applicable. It was also stated in the motion that the hours for the operation of a set-up business would be between ;8:00 A.M. and 1 :00 A. M. on the next morning weekdays and Saturdays between 12:00 and 1:00 P. M. on Sunday to 1:00 A. M. Monday morning and from 3:00 P. M. on Memorial Day to 1 :00 A. M. the following morning. Upon a roll call vote Miller voted no; Anderson, Bren, Brown and Osterholt voted yes. Motion carried. Council Meeting -- 3 25 May, 1966 (5- 5-66) FINNEMANN DEVELOPMENT CO. , -- REQUEST FOR SPECIAL USE PERMIT Mr. Perbix reported to the Council that their actions regarding the rezoning, the request for a permit, etc. , have all been proper up to this point. As for whether or not this would be spot zoning would be a require- ment of a court decision as you could get a variety of legal opinions on this particular question. If it was the Council's disire to refer to re- zoning a property back to its original zoning or some other zoning this should be done before granting the Special Use Permit and not after. Mr. Max Goracke representing the Finnemann Development Co. , presented for the Council's information and their approval a site plan of the property that the Finnemann Development own and also the location and plan for the fil- ling station operation which the Finnemann Development Co. , people will be leasing to the Gulf Oil people. Mr. Goracke also explained the operation would be a filling station selling the normal filling station products such as gasoline, lubricating oil for placing in the automobile but not changing and certain accessories that should be purchased such as wind- shield wiper blades, light bulbs, headlights, etc. , and there would be no service days for washing, lubrication or mechanical work, there would be a retail""outlet inside of the building which would sell commodities such as bread, milk, ice cream, this would be handled by personnel separate from personnel operating the islands selling the gasoline and petroleum products. i.. Mr. Geer appeared representing the Joseph Haynes and Holasek's in regard to this particular site stating that as stated before he did not agree with the original zoning. He feels that this is an error and it should have been done according to a plan, he also protested the issu- ance of the permit due to certain factors regarding safety, etc. Several a questions were asked by the Council regarding the operation of this parti- cular site as to what would be sold, what the personnel would be doing in their operation. It was also brought out that the County has now requested that the Village bordering the Crosstown 62 not rezone property along the Crosstowr. for Commercial purposes as the Crosstown would be a limited ac- cess road and this particular area they are very much concerned as the road was put in prior to the County's approval and they feel that some day the access onto the Crosstown will have to be eliminated. Motion by Alvin J. Bren seconded by Kenneth E. Anderson that the Council adopt Resolution ba 5 granting a Special Use Permit under the terms of Ord- a inance #{S, Section 10B, 3 and 4 to Finnemann Development Co. , at the South- east corner of the 66nd Crosstown and Highway 494 provided the following re- giirements are met to include items A through L of James Hawkes report of t 12 April, 1966, to the Village of Eden Prairie. Upon a roll call vote Mil- ler voted yes , Anderson voted yes, Bren voted yes, Brown voted no and Oster- holt voted no. Motion carried. Council Meeting -- 4 25 May, 1966 (5-10-66) ROAD AND BRIDGE FUNDS -- BIDS FOR OIL, FUEL OIL, ASPHALT, ETC. Tabulation of the bids were presented to the Council members and the following motions were made to finalize these bids. Motion by Kenneth E. Anderson seconded by Alvin J. Bren upon the re- commendation of Engineer Wood all bids be rejected for MC oil. Motion carried. Motion by Alvin J. Bren seconded by Kenneth E. Anderson upon recomm mendation of Engineer Wood the second low bidder on the 2331 MC-2-3 mix be awarded the bid. The reason the second low bidder is being recommended is that the mileage per trip is a difference of 22 miles from the low bid to the second low bid and the price differential amounts to $.05 per ton loaded in Village trucks and $.15 per ton delivered. The low bidder is Northern Contracting. Motion carried. Motion by A. W. Miller seconded by Kenneth E. Anderson to award the bids { to the Class 4, Class 5 and pit run gravel to the Plehal Blacktop. They are the low bidder for the Class 4 and Class 5 and the second low bidder on the pit run gravel loaded by the Village the differential is $.05 per ton and the recommendation due to the fact that there is a difference of 6 miles per .load. Mr . Wood recommended taking the second low bidder on this item e. i Motion carried. Motion by Alvin J. Bren seconded by A. W. Miller upon recommendation of Engineer Wood that the bid for the Binder Rock be awarded to B 6 R Rock Pro- ducts the low bidder. Motion carried. (5-11-66) EDIIdA SEWER 6 3 Mr. Robert Carroll of Rieke, Carroll, Muller and Assoc. reported to the Council the recommendations made by Rieke, Carroll, Muller on the sewer in conjunction with the requirements placed by the Village of Edina. Also reported on the meeting held with the area resident on 19 May, 1966. Mr. Perbix is now to prepare the necessary resolutions and papers so that the Council can proceed with this action as the residents in the area and the industry have expressed approval of the Village continuing with the project. (5-17-66) EDEN PRAIRIE SCHOOLS -- WAIVER OF THE BUILDING PERMIT FEE Motion by Kenneth E. And,, rson seconded by James C. Brown to table this until the meeting of 14 June 'on the request of the school to ask the Village to participate in the Sewal Gravel Pit action on this was also tabled until the 14th. Motion carried. Council Meeting -- 5 25 May, 1966 (5-18-66) HOWARD PETERSON Mr. Peterson .presented a petition from the residents in the Duck Lake area to the Council. The petition requesting that the Council do not lower the water levels in Duck Lake and consider the drainage area so that the water in the lake is not lowered. Motion by Kenneth E. Anderson seconded by A. W. Miller to accept the petition and place it on file as a matter of Village record. Motion carried. (5-19-66) MR. WOOD REGARDING THE INDIAN ROAD The County has now completed the survey and find that the road is not on private property but on the necessary road easements. There are danger areas in the road and Mr. Wood in instructed to procure the necessary in- formation so that he could present the requirement for signs in this area and also to contact the Corps of Engineers regarding the river erosion pro- blem on this particular road. No action was taken-on this matter pending the requirements for sign. (5-20-66) VILLAGE PERSONNEL - CONCILIATION MEETING The State Labor Department has shceduled a conciliation meeting for 1 June, 1966, at 8:00 P. M. at the Village Hall. The Council appointed Dave Osterholt and James Brown as the official representatives from the Council. a (5-F-66) WALTER BERG - FISHER CONSTRUCTION COMPANY Mr. Berg representing the Fisher Construction Co. , appeared before the Council. He stated that he had a State Contract to provide the grading on the interchange at Highway 18 and 55 , that he had purchased fill material f and gravel from the Mason, Astleford, Carter, Hagen people. Mr. Berg stated that because of certain traffic conditions on County Road 1.8 the State had restricted the moving gravel 6mly during the daylight hours when there were no congested traffic, which would amount to from approximately 9:00 in the morning to about 4:00 in the afternoon. Our Ordinance restricts their opera- ting at night. Mr. Berg said if they were required to live up to the Village Ordinance and the restrictions because of traffic during the daylight hours, they would take approximately three weeks to a month to move this material. If they were allowed to operate at night , he felt approximately a week and a half at the most, maybe a day over this would be sufficient to move the material they were required to move. He also stated that the one resident- ial building in the area, they had talked to the party and were in agreement with- the party as to the conditions they would operate under and what they would do to give the party a place to sleep while the gravel trucks were moving. Motion by A. W. Miller seconded by Kenneth E. Anderson to grant a vari- ance to Ordinance 39 to allow the Fisher Construction Company to haul gravel and fill at night from the Carter, Hagen, Mason, 8stleford pit for ten work- ing days starting 26 May, 1966. Motion carried. /}g Council Meeting -- 6 25. May, 1966 (5-G-66) ALFRED KRAMER Mr. Kramer owns four acres of land on Highway 169 approximately one half mile south of the junction of Research Road on the East side of the road. Mr. Kramer has previously moved in a home on this site. There is an existing farm house, barn and other farm out buildings on the four acres. He has now moved in a third home on the site without complying with the complete Village Ordinances. This house requires a bond, and ac- cess to a public road before he can put in a foundation and set the house. He was advised by the Council and Mr. Perbix, the Village attorney, that this would have to be done immediately or he would have to remove the building from the site. Also because of the problems involved in the inter- pretation of the platting requirements it was felt that any future develop- ment in this area should be preceeded by the proper platting work rather than moving the house in and then attempting to locate roads, right-of-way, ete. Until a bond and necessary access papers from the State Highway De- partment have been turned in to the Village, the building permit is to be withheld for this particular site. (5-H-66) SUNSET RIDGE Mr. Perbix is to draft a letter to the people involved as they have not complied with the request of the Village, which is now one year old, to clean up the area and remove certain building, complete the sump, etc. (5-I-66) GRAVEL ROYALTY Mr. Perbix reported on the possibilities of a gravel royalty. He thought that we had a procedure that could be worked out on this and asked that a draft be prepared between himself and Mr. Wood as to cer- tain procedures which could be presented to the Council to use on a ; cubic content removal basis. Further information will be presented at a future meeting. (5-J-66) GORDON CLARK N Mr. Clark as the owner of Tract C RLS 687, this was a survey that o was filed prior to the 1958 Zoning Laws. It was developed and filed under the 1948 Zoning Laws. All of the buildable tracts in this RLS had been built on except for Tract "C". Mr. Clark attempting to sell the tract had made arrangements and an agreement was signed by a pur- chaser to purchase the Tract. The purchaser then contacted the Village Hall and was advised that the Tract was not a buildable lot and a building permit could not be issued for it. Mr. Clark contacted the Village and requested an interpretation on this area. The Village Attorney advised the Clerk that this lot would be a buildable lot, the Council also upon the Attorneys opinion, felt that it was a buildable lot as the Tract was approved by the governing body several years before the d 1958 Zoning and the buildings on the Tract that were there a Council Meeting -- 7 25 May, 1966 were all built prior to 1958. Motion by Kenneth Anderson seconded by Alvin Bren to instruct the Clerk to write a letter to Gordon Clark regarding Tract "C" RLS 687 stating that in the opinion of the Village Attorney and of the village Council that this Tract is a buildable lot and upon application to the Building Inspector for a building permit said permit would be issued. Motion carried. (5-K-66) OFFICIAL PROCLAMATION Mayor Osterholt made an official proclamation for the Jaycees . Annual Safety Check. This proclamation was approved by the motion by A.W. Miller seconded by Kenneth Anderson and the Mayor and the Clerk were authorized to sign the proclamation. Motion carried. The meeting was adjourned at 11:30 P. M. JamOs C. Brown, Clerk {