HomeMy WebLinkAboutCity Council - 07/23/1968 - Village Meeting z
COUNCIL MEETING 23 July 1968
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The meeting was called to order at 8:00 p.m. by Mayor Osterholt.
PRESENT WERE:
David W. Osterholt, Mayor Warren Shultz
James C. Brown, Clerk Robert Lapic, Treasurer
Arthur W. Miller Quentin K. Wood, Engineer
Paul R. Redpath Don Brauer, Planner
ITEM 7-18-68 INVOCATION
Q The invocation was given by the Rev. Martinson, followed by the audience and
�! Council joining Mayor Osterholt in the Pledge of Allegiance.
ITEM 7-19-68 CLZRK BROWN
Clerk Brown read a letter on certain procedures which the Council should authorize
due to the change in government authorized by the election of June 25th.
A motion was made by Warren Shultz, seconded by Arthur Miller until a village
manager is hired, the clerk be allowed to sign the pay orders, that the mayor
and clerk be allowed to authorize purchases up to $100.00 and that Mr. Quentin
Wood and Mr. Ray Stodia be authorized up to $25.00, that the clerk start work on
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a budget for 1969 and that the mayor and clerk be authorized to sign contracts. 1
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
// Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
1. The motion carried. I
ITEM 7-20-68 MINUTES OF 7-9-68
Motion was made by Paul Redpath, seconded by Warren Shultz to approve the minutes
of 7-9-68 as published with the following corrections:
Item 7-14-68, Number 3 add the words "results not available" after the words,
polluted water.
The motion carried.
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a ITEM 7-21-68 VOUCHERS
rW Motion was made by Warren Shultz, seconded by Paul Redpath to approve vouchers
5319 through 5333 for payment. }
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea and David Osterholt voted yea.
The motion carried. y
ITEM 7-A-68 BIDS
Mr. Quentin Wood recommended that the bid of Allied Blacktop at a contract price
tj of $12,246.35 be accepted and a contract awarded to them for the seal coating work
CC in the Village of Eden Prairie.
o Motion was made by Arthur Miller, seconded by Warren Shultz to accept the recommend-
ation of Engineer Wood and to award a contract to Allied Blacktopping for $12,246,35
for seal coating streets as per the bid.
COUNCIL MEETING 2 23 July* 1968
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 7-9-68 WALLACE ROAD SEWER AND WATER PROJECT
Mr. Quentin Wood presented a report to the Council stating that the work that
would have to be done in the area, the work that was to be done by the developer,
and the sewer and water which was to be installed on an assessment basis. He
recommended that the Council approve the plans as prepared for the sewer and
water and order the project in and authorize the advertisement for bids for this
work.
Motion was made by Paul Redpath, seconded by Arthur Miller:
1. to accept the report of Engineer Wood.
2. to order the project in on Wallace Road for sewer and water.
3. to authorize the clerk to advertise for bids for Aggust 6, 1968 at 7:00 p.m.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz abstained from all action, James Brown voted yea, and David Osterholt
voted yea.
The motion carried.
ITEM 7-24-68 MIDWEST ASPHALT
Midwest Asphalt was represented by their attorney, Raymond C. Ploetz and Mr. Bury.
Mr. Ploetz gave a brief review of the history and Mayor Osterholt asked if there
were any questions from members of the audience. Mr. Dick Sather of Manchester
Lane wanted to know why this was an asset. It was explained the asset would be
in the cost of paving the streets of the Village in the future.
Mr. Pausch stated the place made people sick; that there was no pollution control. {
Mrs. Olson wanted to know whether Mr. Pausch lived in the Village. She was informed
that he was a business man in the Village.
Mr. Redpath stated that Mr. Dahl from Pegboard who is another business man in the
area has had no problems.
Mr. Shultz questioned whether we could have the State inspect the pollution standards.
This was discussed and felt it could be done. Mr. Kinney and Mr. Gilbertson also
wanted to know what legal action could be taken and so on. They were told that
there could be a legal action brought for lack of a building permit.
Mr. Shultz stated that this was a maximum of $100.00 fine.
Motion was then made by Warren Shultz, seconded by Paul Redpath to request the
State to make a test of the pollution aielh .tted by the Midwest Asphalt Blacktopping
plant in Eden Prairie against the standards as specified in the Minneapolis,
Minnesota bid specifications for the asphalt plant now under construction in the
City of Minneapolis. k
The motion carried.
ITEM 7-23-68 WARREN PETERSON
Mr. Peterson appeared to request permission to move a building from Edina to
( Eden Prairie to be used as a commercial building. The building is to go on Highway
169 (Flying Cloud Drive) across from the Flying Cloud Airport just southwest of
the Lookout Park.
COUNCIL MEETING 3 23 July 1968
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There was a letter from the building inspector, Mr. Bren, that he had inspected
the building. It would meet certain standards although it would need some trusses
to make it a commercial building. Other than that it would fit into the area.
Motion was made by Paul Redpath, seconded by Arthur Miller to approve moving the
building, to set the bond for $10,000 and to make sure that Mr. Peterson has
access to the public road before the building is moved.
The motion carried.
ITEM 7-11-68 HILLCREST COURT 2ND ADDITION PRELIMINARY PLAT
Mr. Whitehill representing the owners and Mr. Wood, the engineer, presented
information on the plat. Mr. Wood stated that they had complied with the request
to plat the street clear to the end of the property line although they would not
build the streets into the property line.
The question on who was responsible for building the bridge across the creek or
extending the street, etc. , was discussed. Mr. Brauer who was present stated that
in Edina, this became the responsibility of the next developer as this street did
not serve this particular development by extending it to the edge of the property
line nor would a bridge across the creek have any effect. This would be a village
problem or the other developer.
A motion was then made by Paul Redpath, seconded by Arthur Miller to accept the
reports by Mr. Wood and Mr. Brauer and to approve the preliminary plat of
Hillcrest Courts, 2nd Addition.
1 The motion carried.
ITEM 7-25-68 RAY BERGIN
Mr. Bergin appeared before the Council to request a building permit on Parcel 4510
in the north half of Section 24. This is land that the plan shows should be
reserved for park purposes. It is in Mr. Brauer's park plan. Mr. Bren, the
building inspector, because of this would not issue a permit. Mr. Bergin would
have to come to the Council for action. Mr. Bergin's attorney explained that if
the Village was going to buy the property, this was fine but they could not hold j
action indefinitely on the land. It was the property of Mr. Bergin and he was
entitled to certain usages from it if they did not conflict with the Village
zoning plans.
Motion was made by Paul Redpath, seconded by Warren Shultz to deny the request for
a building permit and to negotiate the purchase of the property immediately.
The motion carried.
ITEM 7-26-68 THE MOBILE HOME ORDINANCE
Mr. Perbix was not present and had not finished the ordinance. There was no action
at this meeting.
ITEM 7-27-68 GEORGE BURKARDS
Mr. Burkards was represente y George Nason who presented some plans for the use
of the Alvin Holasek property and the removal of a certain amount of material from
the hills so that the property could be developed residentially in the future. He
had gone over this with Mr. Brauer and Mr. Brauer was present in the audience and
had agreed that the removal operation would not materially effect the property as
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they had planned it. They would leave a so called "dirt ridge" wall, screening
their operation, working from the road into the center of it. They would not
remove any material from the hillsides to cause erosion. If the water became a
problem they would put in drainage pipes to take care of it so there would not
be an erosion problem in the area. They only difference in opinion was that
Mr. Brauer felt that this would develop in a higher density that a single family
dwelling units as shown on Mr. Nason's plan.
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Mr. Ossanna who is the next adjacent property owner requested the use of the
property and wanted some information on it. It was felt that he should work
with Mr. Brauer and Mr. Nason and go over this usage to determine if it does or
does not effect his proeprty materially. No action was taken on this. It was
continued until the meeting of 8-13-68 by mutual agreement by all parties
conce rene d.
ITEM 7-28-68 ROBERT BP.ENNY
Mr. Brenny appeared with a request for a land alteration permit for the Crosstown
Industrial Park property. He had received approval at the Planning and Zoning
Commission level. They were now in the process of working on his preliminary
plat approval. There was some discussion as to whether or not this was an
ae0r'o'priable time to grant a land alteration permit. There already had been a
contract approved to remove material from the area and cut into the area which
Mr. Brauer thought should be saved. The land alteration as proposed by Mr. Brenny
would maintain a natural buffer between the Ponderosa and Kings Forest residential
area and this property in the form of low hills and tees. Also there were
certain requirements which Mr. Brauer had recommended which would have to be
( considered as the property was being developed.
Motion was made by Paul Redpath, seconded by Warren Shultz to grant a land alter-
ation permit to Mr. Brenny as per the recommendations of Mr. Brauer to the Council
on this property and tc require a $5,000 bond as per the recommendation of Mr. Wood.
` Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted ea,
Warren Shultz voted yea, James Brown voted yea, and David 0sterholt voted no.
The motion carried.
ITEM 7-31-68 PLANNING AND ZONING
1. Rosemount Engineering.
Mr. Shultz had a letter which was acted on by the Planning and Zoning Commission.
It was addressed to the Village regarding the Rosemount Engineering property in
wEden Prairie. They asked for consideration leaving their property in its present
zone and use even though the Guide Plan as proposed by Mr. Brauer shows this as
a a commercial area. It was generally felt that their operation and use of the land
o was a distinct asset to the community.
Motion was made by Paul Redpath, seconded by Warren Shultz to accept the letter
from Rosemount Engineering and instruct Don Brauer to write Rosemount to the effect
that their use is compatible with the proposals for the Village and that it is not
the intent of this Council to rezone the property to rezone the property to other
than the present SI zone.
The motion carried.
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COUNCIL MEETING 5 23 July 1968
2. Preliminary Guide Plan.
Mr. Brauer had a final map which he asked the Council to consider adopting. This
had been revised according to various suggestions at different meetings with the
Planning and Zoning people and the Council and he felt it should be adopted as
soon as possible so that the other governemental units which are involved could
act on it.
A motion was made by Warren Shultz, seconded by Paul Redpath to adopt the Preliminary
Guide Plan as finally presented by Don. Brauer and Associates and instruct Mir. Brauer
to submit copies to the Metropolitan Council for review, the Minnesota Highway
Department for review of highway locations, separation and accesses, the Hennepin
County Highway Department for review of county highway considerations and to the
Metro Hospital Review Board for consideration of hospital service.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea and David Osterholt voted yea.
The motion carried.
3. The planning report for the Fred Ossanna property.
Mr. Ossanna had requested Mr. Brauer to prepare a report on his property.
Mr. Brauer asked if the Village would consider having him do this as a Village
project with Mr. Ossanna contracting the work with the Village.
Motion was made by Arthur Miller, seconded by Paul Redpath to authorize Mr. Brauer
to prepare a preliminary planning report on the Ossanna property, the contract
to be between Mr. Ossanna and the Village and the Village and Mr. Brauer. The
contract price to Mr. Ossanna is to be $1,650.00. The contract price between the x
Village and Mr. Brauer is to be $1,500.00.
The motion carried.
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ITEM 7-29-68 ROBERT EICKHOLT
Mr. Eickholt did not appear. There was no action.
ITEM 7-30-68 NICK SERIOS
Mr. Serios appeared with the two properties properly divided, showing that they
had been recorded with the County in May of 1968. He referred back to the minutes
of the Planning and Zoning Commission where he asked for permission to construct
the driveway to the second piece of property at which time there was no division
on this property as shown now. He stated that this had been approved and filed in
1963 at the Planning and Zoning Commission meeting of January 8, 1968. He felt
he was not at that point to be involved with Ordinance 493. He had been advised
at the Planning and Zoning Commission level that the property if the property was j
recorded to get the copies of the recordings and the dates from the County.
Apparently there is a question as to when this was recorded and when the action
was taken. The information he presented to the Council showed that the survey was
made in 1964 and that it was recorded in 1968.
Motion was made by Paul Redpath, seconded by Arthur Miller to approve the re<iuest
subject to the opinion from Mr. Perbix to the legality of what Mr. Serios has done
f and whether it meets Village standards.
�. The motion carried.
COUNCIL MEETING 6 23 July 1968
ITEM 7-32-68 COUNTY ROAD #18 PROJECT
The Edina-Eden Prairie contract had been mailed to members of the Council for
study and to the attorney who had approved it.
A motion was made by Warren Shultz, seconded by Arthur Miller to approve the
contract with the Village of Edina and authorize the Mayor and Clerk to sign same.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
2. Bond sale and special assessments.
In the bonds required for the various projects on County Road #18, the $75,000
temporary bonds which Mr. Perbix made arrangements to sell needed one final action.
This was the adoption of Resolution #217 which verified some wordings.
Motion was made by' Paul Redpath, seconded by Warren Shultz to adopt Resolution #217
authorizing the sale of $75,000 temporary bonds.
Upon a roil call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
The improvement_. bonds for the balance of the #18 project and also park and
recreation general obligation bonds, the fire hall general obligation bond and
the village garage general obligation bond require a resolution to authorize the
sale of these bonds.
Motion was made by Paul Redpath, seconded by Warren Shultz to adopt a resolution
to authorize the sale of $785,000 in general obligation bonds and $465,000 in
improvement bonds, the sale is to be held the loth day of September, 1968 at
8:00 p.m. at the Eden Prairie Village Hall, and to authorize the clerk to
advertise for bids.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 7-33-68 SHOOTING ORDINANCE
Mr. Perbix had received some information but had not been able to prepare the
final draft of the ordinance. No action was taken at this time.
ITEM 7-34-68 SHOOTING PERMITS
Because the shooting ordinance was not completed the permits were held over until
the next meeting. f
ITEM 7-35-68 FIRE DEPARTMENT
The Fire Department had requested some action be taken so that they could proceed
with their building operation.
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COUNCIL MEETING 7 23 July, 1968
A motion was made by Warren Shultz, seconded by Paul Redpath to authorize the
Mayor th rh_=.___ __, to act for the Council to negotiate with Mr. Jarrett on the
purchase of the land.
The motion carried.
A motion was then made by Warren Shultz, seconded by Paul Redpath to authorize
Rieke-Carroll-Muller to perform the necessary surveying of the site and to
authorize the village engineer, Mr. Wood, to contact the people who are dcing
the soil borings for the Village on the roads to perform the necessary soil
borings on this site.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 7-36-68 ENGINEERING DEPARTMENT
1. The Village Garage.
Motion was made by Paul Redpath, seconded by Arthur Miller to ask Don Brauer for
a site report for the Village Garage.
The motion carried.
2. The Road Crew.
Mr. Wood presented his recommendation that the vMage hire Mr. Robert Clark as
a probationary man on the road crew for ninety days and hire Mr. Joseph Hunt as a
temporary employee until school starts.
Motion was made by Paul Redpath, seconded by Arthur Miller to hire Robert Clark
at $2.65 an hour on a ninety day probationary basis as a member of the Village
road crew and Mr. Joseph Hunt as a temporary employee at $2.25 an hour.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Darren Shultz voted yea, James Brown voted yea and David Osterholt voted yea.
The motion carried.
3. The Hennepin County Highway Department.
This should have gone to the Planning and Zoning first.
4. Don Anderson gravel mining license.
Mr. Warren Shultz asked to be excused from this action.
Mr. Anderson presented a grading plan on property owned by Mrs. Dorothy Linner
and Mr. Warren Shultz in the Village of Eden Pr airie to remove certain hilltops
and grade the property to meet the grade of its neighbors and the proposed High-
way Department grade on the south for the new 169. The property presently is
zoned SI. Mr. Wood recommended a bond of $10,000.
A motion was made by Paul Redpath, seconded by Arthur Miller to approve the grading
plan and authorize the preparing of a standard village contract with a bond at
$10$000; the contract to be limited to a period of three years.
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COUNCIL MEETING 8 23 July 1968
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz abstained, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 7-37-68 VILLAGE BOARDS
1. Appointment to the Planning and Zoning Commission.
A motion was made by Warren Shultz, seconded by Paul Redpath to appoint
Marvin LaGrow to the Planning and Zoning Board for the balance of the three year
term of Mr. Ed Schlampp which would expire December 31, 1970.
The motion carried.
2. The Human Relations Commission.
Motion was made by Arthur .Miller, seconded by Warren Shultz to accept the
resignation of Lynn Per-singer and thank her for her services to the community.
The motion carried.
Mayor Osterholt stated that he had not been able to contact the individual he
would like to appoint and would have this on the agenda for the next meeting.
ITEM 7-38-68 SOUTHWEST SANITARY DISTRICT
There was nothing to report at this time.
ITEM 7-39-68 CARBIDE GUNS
ere was nothing at this meeting.
Motion was made by Paul Redpath, seconded by Warren Shultz to adjourn at
11.36 p.m.
The motion carried.
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ames C. Brown, Clerk j
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