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City Council - 03/08/1966 - Village Meeting Village of Eden Prairie 8950 Eden Prairie Road c Eden Prairie. Minnesota 55345 �' ,ter 94I-2262 A , AG EET D � VI U AGE OF El" PMI BI E Council Meeting Tuesdayp March Sp 1966 ITEM Y��E -3- 1-86 Uiautes of 9Z Fobruaryq 1960 ........... ApproYal ,-'3— 2 -68 Vouoherl we•+.ewwweweee•.we«•ee•we«w•e•e• Approval -a— 3.66 Public Hearings .......«••...........w.. -,I, wheaten -- Than" •.................. `9 a Fl uneraaal Development Cow 0000000000 -, 4- 8-66 Axa al Audit .•..............•.••....... Report by Mr. AU$tos r 1-24.88 Office Equipment ....«....•..«...w...... Report on bi ds 2-16-66 Res oni ng -- T o nea s Feeder a is I so• *ease** Rep ost free Y Ream ng E oni ng 2-13-" Me Be 8agen Coe# karadiio Vallrf e•e e w-• Report by lure wood ,2-15-88 plat ~04 ,.......r•...•.«.r........... Report by Clerk Brow ._ -91-12o-dd Sh&kopoe Fire Department ••►•••w e•e•e w w• Report by Clerk Brows -3.- 3." Op`ioaal plaass of Village Govitw .-.sees Mayor O.tearbolt -3- 4-68 Road and bridge toad ...••..••.+......•. Autbvrtsati on to pUrebai o sandy-- begs and plaitie up to 0500*00 3- 0. " Uopruty wood I n•poeter e•...a.,....••.•s• Major Osterbolt -3- 6-68 Road and bridge 1• Rep1 ae emont for small Ford trw& 8w Repairs for dallies Grades b Tires 3• Bids for g&eolinea fuel oilf rears of 10 asphalt o sand and gravel 4• Plane for equipment storag* bldg• S. 1-68 Soto-up Ordi xi&ne o e..«...a....«e.•.....w. Report byr CUM M Brows 3- 8.06 Civil Dofenao Ordinanoe ••...w«....•.... Mayor Osterbolt 3- 9--68 Shooting pemit •.«e•..«•••w•••w•e•.•••• Request by Fredriek G• Kaofer for •22 14-10- 8 derardop Ins* •ee••e.•ee•.««•.«w•ew•w••• QuLSge in *screw Woe#OSf I1•-68 John Gullioksoft •••.e...•.e.e•«..a..s..« Request for rexoaing — oet hearing �3-IS-88 Minnetonka Blacktop Request for Speelal Use Formic for � Blacktop Plant -'3--1:3-66 Bill Pearson •wee•••«e•e.eeew•wwee••w••• Mining leioesoa on firs• Sammys' kRep• -3--14-d8 Don Anderson ......«e..+.•.......e....e. Mining liaeaao On Giriffi"81 Prop• 3-15-68 Village Sall ...................«....awe Authorization for oloaning ---3-16-46 Uinn*tonha Serve! ••.e•.•.w,e.••ee«sees.. X&7or Osterbolt 3-11-68 1&-68 rin County O1Iap*e,-suet Fou*st for tioiConfeenceUMx 1 Villa&- Ofals 3-3--19-66 willow Crook Road Improvement .e e«..•... noport by Ur• good Council Meeting March 8, 1966 The Council meeting was called to order by Mayor Osterholt in the Eden Prairie Village Hall at 8: 00 P: M. PRESENT WERE: David W. Osterholt , Mayor A. W. Miller James C. Brown, Clerk Rolf E. Haugen, Treas. Kenneth E. Anderson Quentin K. Wood, APW Alvin J. Bren W. Harlan Perbix, Atty. (3- 1-66) MINUTES OF 23 FEBRUARY, 1966 Motion by Alvin J. Bren seconded by A. W. Miller to approve the minutes of 23 February, 1966, as published. Motion carried. (3- 2-66) VOUCHERS Motion by Alvin J. Bren seconded by Kenneth E. Anderson to approve the vouchers #3O01 through #3063 for payment. Motion carried. C014PREH3, NSIVE LIABILITY INSURANCE COVERAGE Motion by A. W. Miller seconded by Alvin J. Bren that the Village is to continue the comprehensive liability coverage for the Village for one year. Motion carried. HOLT NUhSERY Motion by A. W. Miller seconded by Kenneth E. Anderson to return the $85.00 zon- ing fee to Holt Nursery. This fee is being returned as no action was taken on their request for rezoning. Motion carried. (2- 3-66) PUBLIC HEARINGS WHEATON - THOMAS HEARING No one appeared in opposition at this hearing. All notes are in Hearing File No. 5. Motion by Kenneth E. Anderson seconded by A. W. Miller to adopt Ordinance No. 73 and authorize the Mayor and Clerk to sign and the Ordinance to be published. Motion carried. FINNEMANN DEVELOPMENT COMPANY Notes are in Hearing File No. 5. Several parties appeared, both for and against the proposal. Motion by Alvin J. Bren seconded by Kenneth E. Anderson to adopt Ordinance N No. 72 and authorize the Mayor and Clerk to sign and the Ordinance to be published. Upon a roll call vote Miller voted yes, Anderson voted yes, Bren voted yes, Brown voted yes and Osterholt voted no. Motion carried. (1- 8-66) REPORT ON THE ANNUAL AUDIT Report done by Mr. Mitton of Gronvall & Mitton, Public Accountants. Mr. Mitton has previously mailed to the Village copies of the annual audit so that the Council could review it. Mr. Mitton verbally presented to the Council certain items which he felt the Council should consider in the 1966 operation of the Village. In order to make these a matter of record we are asking Mr. Mitton to put in the form of a letter to the Council. Motion by James C. Brown seconded by Kenneth E. Anderson to except the annual audit ? from Mr. Mitton and request a letter on his recommendations on improvements in the Village operation Motion carried. Council Meeting -- 2 March 8, 1966 (1-16-66) REZONING TEMAN, FEEDER'S, INC. The last Council action on this had requested a report from the Village planner and a report from the Planning & Zoning Board. The Chairman had contacted the Vil- lage planner, Midwest Planning, and asked for an estimated cost of this report. The planner informed the Chairman of the Planning & Zoning Commission, Mr. Miller, that a report to cover the area involved on the Teman, Feeder's, Inc. request for rezoning + ' would cost the Village approximately $300.00. Mr. Miller then made a telephone check < with the other members of the Village Council and they felt that at this time this was too much money to spend for this report and did not authorize Mr. Miller to pro- ceed with this end of the operation. There was some discussion as to the meaning of t7 the motion made by the Zoning & Planning Commission at their meeting when they dis- cussed this action and because of the uncertainty of the exact intent of the Planning & Zoning Commission action a motion by A. W. Miller seconded by Kenneth E. Anderson to send the Ordinance draft back to the Planning & Zoning Board for recommendation as to approval or disapproval of the requested rezoning and a written report on their actions on this matter. Motion carried. (2-13-66) K.,BwHAGEN CO. , PARADISE VALLEY Report by Mr. Wood on the M. B. Hagen Request. The report was a preliminary re- port, it is attached to hhe minutes. Mr. Wood to contact the M. B. Hagen people as to the feasibility of carrying out the actions as requested in his report and to submit a report covering the original aspects as presented by Mr. Wood and also the action as clerified with M. B. Hagen Co. No further action was taken at this time. (2-15-66) PLAT #56704 The Clerk reported that he had attempted to contact or locate the property owner. The last name on record for this property was D. E. Thurston. No address could be determined for Mr. Thurston and the Clerk contacted the County people. They have transferred the title to the State and made it tax exempt land while it is in the pro- cess of being handled as a tax exempt sale and have asked us to complete our action on adopting the Resolution. Motion by Alvin J. Bren seconded by Kenneth E. Anderson to adopt Resolution No. 118. Motion carried. ~ .(2-12-66) SHAKOPEE FIRE DEPARTMENT The Clerk reported that the Village of Eden Prairie was in no way involved in the reasoning for Shakopee asking they be releived of the Fire Contract at the end of 1966. The contacts the Clerk had with Shakopee advised him that this was internal problem between the Shakopee City Council and the Volunteer Fire Department on certain basic a Issues which the Village of Eden Prairie had no control of. The Village had enjoyed very fine relationships with the Shakopee City Council and the Shakopee Fire Department n this matter in the past. Motion by A. W. Miller seconded by Kenneth E. Anderson to have the Clerk contact q both the Shakopee Council and the Fire Department people in an attempt to resolve thds t-_ matter for the Village of Eden Prairie at this time. Motion carried. e _(3- 3-66) OPTIONAL PLANS OF VILLAGE COVERNMENT i c3 Mayor Osterholt presented to the Council for their approval the names of the five individuals he is recommending to prepare a report on optional plans of Village Gove rn- = vent. The names were: Mrs. Marianne Wilson, Mr. Paul Redpath, Mr. Patrick Casey, Mr. Anthony Hirt, and Mr. David W. Osterholt. Motion by A. W. Miller seconded by Alvin J. Bren to approve the Mayor's appoint vents. Motion carried. Council Meeting -- 3 March 8 , 1966 (3- 4-66) ROAD AND BRIDGE FUND "�. Motion by A. W. Miller seconded by Kenneth E. Anderson to authorize Mr. Wood and Mr. Stodola to spend up to $500.00 for sand bags and plastic stripping to pre- vent erosion in the spring runoff. Motion carried. (3- 5-66) DEPUTY WEED INSPECTOR Mayor Osterholt appointed Harry Picha to the position of Deputy Weed Inspector and recommended his appointment to the Council. Motion by James C. Brown secondedt:by Alvin J. Bren to approve the appointment. Motion carried. (3-16-66) MINNETONKA SEWER Mayor Al Illies; Engineer, Bill Shell; Attorney, Carl Dever appeared before the Village Council , they apologized to the Council for statements attributed to them in the Twin City newspapers that .hey speaking for the Village of Eden Prairie at cer- tain public functions along with their activities for the Village of Minnetonka:. . They also presented some historical information on the Minnetonka Sewer Proposals and the sewer plant that the firm of Schoell & Madson has designed for siteing in Eden Prairie. They also advised us of a meeting that was being held at the Minnetonka Village Hall oa March 10, the Village had previously been advised by letters to the Mayor and the Village Engineer and requested that we attend this meeting so that we would be further informed of Minnetonka's actions, direction and work on the wewer for the Southwest area. Their seems to be some discrepency as to the general aspects of the matter, as Mayor Illies states that tha Village of Minnetonka has in way located a plant for sewage disposal along the :Minnesota River. The plans shown by Mr. Schoell of Schoell & Madson do show a plant located in Eden Prairie and they have made certain recommendations to the site for a treatment plant. In the case of the plant, Eden Prairie officials or Engineers were not consulted or asked for their opinions as to the location in Eden Prairie of the treatment plant at any time. No further action was taken by the Council at this time. (3-12-66) _MINNETONKA BLACKTOP s Request for renewal of a Special Use Permit for the operation for a blacktop plant on the property owned by Northern Contracting in the Industrial area along County Road 62 in the North part of the. Village. Mr. Cruse appeared before the Council and stated that he was prepared to put in a wet washer for the plant that the operation would not start until sometime aremd May 1 , and that the plant would be operated in a substantially higher type of operation than in 1965. Mr. Clifford Nelson and Mr. Dale Sales appeared representing Mr. Josef Pausch of Aerodyne, Inc. requesting that the Coun- cil deny the permit 'becaus6 of =wises, dust oil reakings and they just generally did not like the operation. There were several statements made by both sides as to what was the major cause of the dust in the area. It was generally agreed that the condition of the road would certainly have lead to a great deal of dust throughout the entire area compared to the operation of this plant. Mr. Perbix, the Village Attorney, asked the two parties if they could get together on certain requirements as to the operation of the plant. It was felt that these could be worked out therefore the action on this z application was postponed until the March 23, meeting. (3-13-66) BILL PEARSON Request for a mining license on the Samway property. Mr. Pearson appeared with his maps and other pertinent information requesting permission to preforta:a mining oper- ation on the Samway property which adjoines his present gravel mining operation on f,. County Road 18. By properly cutting this property and removing certain gravel deposits the general area would be improved over the condition it is now in. +}4 f 3 Council Meeting -- 4 March 8, 1966 (3-13-66) BILL PEARSON (CONT'D) Motion by James C. Brown seconded by Alvin J. Bren to request the Engineer and Attorney to draft a contract for Mr. Pearson on the Samway property and to set the bond at $5,000.00 in the contract and have the contract ready to present to the Coun- cil by March 23, 1966. Motion carried. (3-14-66) DONALD ANDERS014 Mr. Anderson appeared with his maps and other pertinent information requesting a mining license on the property formerly known as the Griffith property on County Road 18. The property by proper mining; as shown on the map would be greatly approved as it is now a piece of land completely surrounded by improved land due to mining operations on all four sides. Motion by James C. Brown seconded by Alvin J. Bren to request the attorney and Engineer to draft a contract for Mr. Anderson on the Griffith property and to set the bond for the contract at $5,000.00 and have the contract ready for the Council by March 23, 1966 . Motion carried. (3- 6-66) ROAD AND BRIDGE FUND 1. Replacement for the small Ford truck. Mr. Stodola and Mr. Wood are to prepare specifications on the truck and pre- sent to the Council at their meeting on March 23, for further consideration. 2. Repairs for the Gallion Grader. Motion by A. W. Miller seconded by Alvin J. Bren authorizing up to $300.00 for repairs in the transmission and engine of the old Gallion Road Grader. Motion carried. 3. Tires for the Grader. Mr. Stodola and Mr. Wood are to check on the various tire supply agencies as to the prices that would be charged for a full set of tires for the grader and present this information to the Council for consideration when the grader has been brought up to a running condition. 4. Bids for gasoline, fuel oil, road oil, asphalt, sand and gravel. Mr. Wood and Mr. Stodola are to work out the specifications and present to the Council by the March 23, meeting for Council action. 5. Plans for equipment storage building. Mr. Stodola and Mr. Wood are to work out some ideas and present these to the Council for Council consideration. (3- 7-66) SET-UP ORDINANCE The Clerk reported that at the present time the Village has six establishments which carry state set-up licenses. The State authorizes the Village by Ordinance to set up a fee up to $300.00 per license to be collected by the Village for the Village general fund. As the Village has the basic responsibility of policing these licenses within the boundaries of the Village. ' (1-24-66) OFFICE E2UIPMENT The Clerk and the personnel who work in the Village office presented for the Coun- cil consederation of the various items of equipment presented to the Village by the dif- ferent manufacturers. The items that have been asked for were a typewriter, a dictating system, a calculator, a table, a photocopy or duplicating system and a recording sound r system for the Council chamber. t, a 3 i ^ounci Meet;np -- 5 !larch 8, 1966 ( 1-24-66) OFFICE EQUIPMENT (C_ONT'P) Motion b,y Kenneth E . An P -on sp c nde,a b,r A . W. Miller , hA.. Villa , to n Ir_hase a IBM Selectric tvnewriter at !�?4111 . 00 and N!nrP" rn Tare Pproreer at ``257.42 a rriden Calculator at 5550. an,3 atAth,>ri 7? the nurchaSe of a tabl.P fcrr the Via 'aae office at $35. and authori-.n un to ^1001, for '-he nroctirement- of a cabinet sink for the tTi.11aPP Hall office ' unch roo?r. Tho Council tonk no further action ion the arlcli tional ejui.n- rient as this money would have tc r•o?ne frorr some other area an the h,jdgeter? ar?ount was used un in the acti on authorized by the nrc-�rurcr^Ant of the items in the motion. Motion carried. (3-17-66) HE:NNE PIN COUNTY LAKE IMPP0VPMF'1T< No action was taken on this iter. This is to he nresented tc the Council at the March 23 , meetins�. (3-18-66) CONrPRE:NCI, 'iNJTCON Tr Mr. Osterhol t st atrc1 he Ili t^v to ^Arrn.,en` '-he Vi l.lac7e at this conference. No further action ;ras taken. �d (3-19-66) WILLOW CR.FrK POAT) IMPROVEMENT Mr. Woad stated thaat the report was not ComnlPted. He Would try to have it conolnted tiV 11"erch 2.3 , no other is -inn °4is +-.nk-nn on '-h 1 S mmtt"r. � i a AD,TOUPNMFN.T Motion r^aen an,! sr�cnnrled that the neotinr ad-'nurn -it 1 : 10 A . M: r A ODTT:IONS l ( 3- 9-65) SHOOTTHr, PEP1.11T Request from Frederick Kanfer to shoot a .2? pistol on hir nroporty and on nrop�arl.v rhea he har, nermission. Motion by Alvin J. Bren seconded lv Kenneth F. Anderson to vrant this hermit. Motion carried. ( 3-10-66) CF,RARD I S , INCORPORATED Request for ch<anre in the escrow a7reement from a money to a bond situation. The-oVi llal e !7npinePr, Mr. Woad, to check on the amount of the bond regllired and report back to the Council. , ( 3-11-66) JOHN rUTJJCKSJ'T Request for rezoning*. Motion. by Kenneth E. Anderson seconded by Alvin J. Rrer. to set the hearing+ for. Anr.il 12 , 1966, for rezoning from POC to R-1 , the property along Purvatory Creek east of the Hil.lcrest. Courts Addition. Motion carried. ,74f es C. `LRrown, T7311a7e Clerk V � I i