City Council - 11/14/1967 - Village Meeting COUi4CI1_, MEETING 14 November, 1967
The meeting; was called to order at 8:00 p .m. by Mayor Osterholt .
PRESENT WERE:
David W. OsterhoLt , Mayor Rolf E. Haugen, Treasurer
James C. Brown, Clerk W. Harlan Perbix, Attorney
Alvin J. Bren Quentin K. Wood, Engineer
Paul R. Redpath
The invocation was given by the Rev. William Berntsen, President of
Northwestern bible College. The audience then joined the Mayor and the
Council in the Pledge of Allegiance to the flag.
ITEM 11-2-67 MINUTES OF 10-24-67
Motion was made by Paul Redpath, seconded by Alvin Bren to approve the minutes
of 10-24-67 as published with the following correction: On Item 10-19-67,
Mr. Redpath wanted to be recorded as objecting to M-2 zoning along Highway 62.
The motion carried.
ITLM 11-3-67 VOUChLRS
Motion was made by Paul Redpath, seconded by Alvin Bren to approve vouchers
4575 through 4645 for payment.
The motion carried. i
ITEM 11-4-67 PUBLIC HEARI14G
The hearing on the bury Carlson property and the Peters property continued
from 10-24-67.
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There was a large number of residents from the Kings Forest and Forest Knolls
area who spoke against the proposed rezoning. Mr. Don Brauer presented his j
report which had been presented to the Planning Commission on this area.
There was much discussion on the use of the land in the area, the existing
conditions in the area and whether these could or could not be changed.
Motion was made by Paul Reapath, seconded by David Osterholt to deny the
petition for rezoning.
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Upon a roll call vote, Paul Redpath voted yes, Alvin Bren voted no, James Brown
voted yes, and David Osterholt voted yes. The attorney ruled that the
motion carried.
ITEM 11-5-67 bIDS FOR BITUMINOUS SPREADER
Lids for a bitur,inous spreaaer were received by the Village Council.
bids were received .from the following firms:
George T. Ryan Company
Rutledge Johnson
Minnesota Tractor
Borchert-Ingersoll
As all of the bids had taken certain exceptions to the original specifications,
it was felt that they should be completely studied before any recommendation
was made.
CUUi C I u N__,'LTING 2 14 November, 1967
Motion was made by James brown, seconded Ly Alvin wren to accept the bids for
study ai,d refer them to Mfr. Mood for a report at the next Council meeting.
The motion carried.
I L1.1 11-6-67 VI"_ LZ"%Gi ATTOFI .L'Y
i. on inance 106 secoud reading,.
1Fr. Peri�ix presented a final version; of the Ordinance 106 which is the
licensing licensii-.ig of animals in the Village of Lden Prairie with some comments on
the chariges he had made in it. These were discussed.
!lotion was made by Alvin wren, seconded by Paul Recipath to dispense with
t i.e seconu reading of the Ordinance anri to adopt Ordinance 106.
The motion carried.
. Ordinance 107 second reading.
`him is the- orcinarice which rezones the 14-2 property south of Pioneer Trail
and west of i;iley Lake Road.
'notion was made by Paul Redpath, seconded by Alvin iren to read only the
part of the ordinance that dealt with the action but riot the legal description
and to adopt Ordinance 107.
The motion carried.
3 . Duck Lake.
j The attorney reporte6 -that he had been in contact with the State people and
felt that rather then hold a hearing to set the lake le*rel they should hold
an informal bearing to set the level for a control structure for the lake. E
This would be a little different matter but would provide for a more logical
reasoning behind the level of the lake.
There was no mo-, ion made but Mr. Perbix is to set up the necessary resolution
to accomplish holding this hearing.
ITEM? 11-7-67 STREET DEPARTME14T
Mr. Ray Stodola on Item 1 reported that he had received some further infor-
mation and was not ready yet to present it on the loader for the Moline tractor. ,
Fie reported that the bids were being distributed on the snow plow for the grader.
he requested permission to purchase a steam jenny for the shop. It was felt j
that after some discussion that it should be worked out between he and Mr. Wood
as to how this could be operated, etc. , and report back.
ITEM 11-8-67 MR. M.F. GRILL
Mr. Grill was not present at the time this was brought up on the agenda.
ITEM 11-9-67 R.C. HANSON REQUEST FOR A SPECIAL USE; PERMIT FOR CONSTRUCTION
OF A BUILDING II4 THE RC 'LONE: ON HIGHWAY 169.
Mr. Hanson represented by Mr. Bob McDonald and Mr. Bob Morehouse stated that
they wanted to build an office building and warehouse shop for their plumbing
operation in the RC area across from Northrup King on Highway 169. There is
already an existing building of this type in the area that they intend to
build in. They do require a special use permit under the terms of the present
zoning ordinance. d
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COUiiCIL MiETING 3 14 November, 1967
Motion was made by Paul Redpath, seconded by Alvin bren to grant the special
use permit to R.C. Hanson Company for construction of a building located on
the north 200 feet of the west 585 feet of the southwest 1/4 of Sec. 23,
T116, R22, Hennepin County, except the westerly 40 feet thereof which is
Highway right-of-way.
The motion carried.
ITEM 11-10-67 MR. CLARENCE RISNER
Mr. Risner appeared before the Board requesting permission for a mobile home
parked behind the Chicago Avenue Floral Company Greenhouse on Highway 169
across from Flying Cloud Airport. His reasons for this: He had been trans-
ferred by the Company to the plant in Eden Prairie from Toledo, Ohio. In
order to get his family here and into school by the time school opened, it
was necessary for him to procure this mobile home which Mr. Bren then advised
him that he would have to have permission to have it on the property. He had
gone before the 'Zoning Board and was now before the Council. He desires to
buy or build a home in the vicinity of -the place where he works but must sell
the property he has in Ohio in order to get sufficient funds to purchase a f
horse in Minnesota. He felt that he would have the building sold this fall p
or winter and would then be in a position to purchase proeprty in Minnesota.
He was continually looking for property to either build or buy a home on even
at this time. He asked for only approximately six months permit for the
mobile home.
A motion was made by Alvin Bren, seconded by Paul Redpath to grant a temporary
permit to Mr. Clarence Risner for a mobile home which would expire on June 15,
1968. This home is to be an accessory building to the Chicago Avenue Floral
building, located on Highway 169 across from the Flying Cloud Airport.
ITEM 11-11-67 RUSSELL ZAKARIASEN
Mr. Steve Gratz, manager of the Cedar hills Golf and Ski, appeared before the
Council representing Mr. 'Zakariasen in a request to move a travel trailer on
to the Cedar Hills property so that it could be used as a temporary resting
place for Mr. Gratz when he is working day and night on the ski operation
and also periodically to have someone sleep in as a deterrent to theft and
vandalism on the property. It would not be used as a permanent residence of
any type and would be removed before summer.
Motion was made by Paul Redpath, seconded by Alvin Bren to grant a temporary
permit for a travel trailer on the Cedar Hills property. This permit is to
expire June 1, 1968 and this item to constitute an accessory building to the
Cedar Hills Golf and Ski operation.
ITEM 11-12-67 FIRE DEPARTMENT - AUTHORIZATION TO PURCHASE EQUIPMENT
The attorney advised the Council that under the State Statutes, equipment in
this amount would have to be bid. The Clerk was instructed to prepare
specifications and advertise for bidding.
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COU14CIL MEETING 4 14 November, 1967
Motion was made by Paul Redpath, seconded by Alvin Bren to advertise for
bids for the meeting; of December 129 1967.
The motion carried.
ITEM 11-13-67 THE MAYOR - THE NEGOTIATION COMMITTEE WITH LOCAL 49
Mayor Osterholt appointed Mr. Redpath, Mr. Brown, and Mr. Osterholt to a
committee to negotiate with Local 49.
ITEM 11-14-67 CLERK
The Clerk announced the resolution was still in force for the polling places
of District 1, 11, and 111; district 1 being the Immanuel Lutheran Church,
District 11, the Eden Prairie Presbyterian C1,urch, and District 111, the Eden
Prairie Methodist Church.
The Clerk also presented a list of names for judges for the election of
December 5th. These are judges who have worked in the past and are well
qualified as election judges.
District 1 District 11 District 111
Mrs. Marjorie Woodhouse Mr. Fred Holasek Mrs. Cinny Gibson
Mrs. Marjorie White Mrs. Eva Hirt Mrs. Dorothy Lilgren
Mrs. Lynn Flavin Mrs. Doris Johnson Mrs. Mildred Clark
Mrs. Evelyn Rogers Mrs. Jean Chaffee Mrs. Beverly Holte
Motion was made by Paul Redpath, seconded by Alvin Bren to approve the
appointment of the judges as recommended by the Clerk. I
The motion carried. 1
ITEM 11-15-67 ENGINEERING DEPARTMENT
1. Westgate.
Mr. Quentin Wood reported the developer had taken care of the eroision problem,
had repaired the road, curb and gutter. This item is now completed.
2. Sunset Ridge.
Mr. Perbix reported that he expected to be in Bankruptcy Court sometime within
the next two weeks on this matter and would report at the next meeting. 3
3. Eden Hills Drainage. #
Mr. Wood reported that he felt that the report he had made was the correct way
of handling the drainage, as to how it should run, who should pay for it and j
so on. Mayor Osterholt suggested that the Council, Mr. Wood and the residents ;
in the area go out on the ground and actually look over the site before a final
determination is made.
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4. Authorization to attend Waste Engineers Conference of Dec. 15, 16 and
Jan. 8 and 9.
Mr. Wood stated that they were splitting these conferences in two. One was
covering the solid waste and one the liquid waste and requested permission to P
attend both conferences.
Motion was made by Alvin Bren, seconded by David Osterholt to authorize atten-
dance at these conferences for Engineer Wood and to pay his fees.
The motion carried.
COUNCIL 11LETI11G 5 14 November, 1967
5 . Release of the Justus bond on Fuller Road.
Mr. Perbix stated that we did not have the deed to part of the road and
until such time as we had the deed, we should not release the bond.
Mr. bdooci stated that Mr. Justus was attempting to secure this deed from the
parties involved as lie was the party holding the bond and was anxious to have
his boric! released.
6. Highway 169 alignment along Chicago northwestern tracks.
A letter, from the E:cien Prairie Industrial Commission.
This letter requested that the Council consider petitioning; the State
Highway Department to change the location of Highway 169 from directly
paralleling the Chicago northwestern Railroad tracks between County Road #4
(i:den Prairie Road) and County Road fil (Pioneer Trail ) with no distance
between the two right-of-ways to paralleling the Chicago northwestern tracks
with approximately 1000 feet distance.
They also recommended that this area be zoned SI and that the area north of the
railroad tracks be changed from a 14-2 to RA zoning with future study for other '
possible uses.
Mr. Larry Wilson from the Industrial Commission was present in the audience
and answered some questions regarding this, explaining that the commission
felt that this would make an ideal industrial park as it would have two major
boundaries for buffers, the railroad and the highway. It would be of the
special warehousing type building which would require a minimum number of
personnel but a maximum amount of ground space. It would have good access to
the highway and railroad and could be developed to give Eden Prairie a very
fine industrial layout.
Motion was made by Alvin Bren, seconded by David Ost erhoit to instruct the
attorney to draft a resolution to relocate 169 approximately 1000 'feet south
of the railroad. Also included in this was to have a report from Mr. Don Brauer
for the next Council meeting.
Upon a roll call vote, Paul Redpath abstained, Alvin Bren voted yes, James
Brown voted yes, and David Osterholt voted yes.
The motion carried.
ITEM 11-16-67 SOUTHWEST SANITARY SEWER DISTRICT
Mr. Carroll of Rieke-Carroll-Muller reported t at nothing further had taken {
place on the project. The final report would probably be ready prior to the }
next Council meeting. Copies would be mailed to the Council prior to the
meeting.
The letter which Mr. Dever had requested the Council to foolow up with a letter
from Eiden Pr airie regarding the grant was in effect not binding on the Village
but only discerning if the Village was in agreement. There was some question
as to why the rest of the communities involved in the project was not also
asked -to submit letters at this time. It was explained that only Minnetonka
had submitted an application for a federal grant. No action was taken on this
matter at this meeting.
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COUNCIL MEETING 6 14 November, 1967
ITEM 11-17-67 LETTERS AND COMMUNICATIONS
Mr. David Osterholt presented a letter frog Hennepin County Sheriff, Don Omodt
in which he had enclosed a copy of the proposed contract for 1968 which would
call for 16 hours coverage in the Village of Eden Prairie. The cost will be
$32,023.00 per year.
Motion was made by Alvin Bren, seconded by Paul Redpath to approve the contract
with Hennepin County for 1968 for 16 hours of coverage and to authorize the
Mayor and Clerk to sign.
The motion carried.
Mayor Osterholt also reported that he had a letter on a school for the Civil
Defense people which he would present to bill Jackson when further information
was available for the Civil Defense people to attend.
ITEM 11-18-67 INFORMATION NOT ON THE AGENDA
Mr. Quentin Wood presented requests for resolutions adopting certain roads as
State Aid roads. These are Resolutions #175 whicii covers Duck Lake Trail,
#176 which covers Duck Lake Road, #177 which covers Valley View Road, #178
which covers Mitchell Road, #179 which covers Dell Road, and #180 which covers
Shady Oak Road.
Motion was made by Paul Redpath, seconded by Alvin Bren to adopt Resolutions
#175, #176, 4177, #178, #1'79, and #180 and authorize the Mayor and Clerk to sign.
There was some question as to whether these would be the final roads. It was
stated that these could be changed at anytime but it was necessary to present
this information to the State at this time so that they could commence to
allocate funds.
After this was clarified, there was a call for the vote and the motion carried.
Motion was made by Paul Redpath, seconded by Alvin Bren that the meeting be
adjourned at 11:40 p.m.
The motion► carried.
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J�ri
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a
es C. Brown, Clerk
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sheriff °_ Hennepin County t
Donald J. Omodt z ;
330.3744 ;, ��/� 6 C.'ouAouse, Minneapolis, Minnesota 55415
~NEso i
Nove►nbeA 81, 1967
Hon tabte W. HaAZan Penb-ix
AttoAney at Law
77 loth Avenue South
Hopk.irt.6 , A4.inne6ota 55343
Dean MA. PvLb ix:
Encto6 ed he,tew-ith you w.iU g.i.nd the on..ig.ina.Z and
one copy o6 an agAeeraient dAawn up between the She,%i66 o6
HenriepZn County and .the V.itZage o6 Eden PAaitie to pAov.ide
�o& 16 houhb a day iaw endokcement pn.o.tect-i.on to the ViZ.Zage
06 Eder? PAa.iA.ie in the amount 06 $32 , 0 2 3 peA annum.
TheAe .i6 at th-i6 time .in ex-i.6tenee a 6.im.i.ZaA conttact
pnovZdtng JoA 8 houk6 a day .Zaw en6oncement pAotectton by
th-ia a 6 6ice.
Thiz conttaet iz .i.dent,i.cat with .the pte6ent contnaet
except 6oA Sections 7 and 8 . Sect-ion 7 6et6 South a time
peA.i.od in which the V.iUage os Eden PAa.i,%ie -i.6 to adv,iae the
LioaAd o6 County Commi66.ionen.6 a6 to &enewat o S contnact. a
Section S ptovide6 SoA 16 houna a day .Zaw en6otcement protection I
&atheA than 8 houAb pen day.
The on.iginat ag4eement Ahoutd be executed by the e
V.ittage. o66ie.iata on NovembeA 14, 1967, at the.i,% Aegu.Za-t
counc-EZ meeting and then Aetunned to me Son pAeaentatton
zo .the County Adm.in.i6tnatoA and County BoaAd. The duptieate
copy is 6o& youA peA6onat bite. a
I tAu6t that you w.i.Z,Z bind the agreement aattz 6actony
and wZ ZZ tetuAn .the executed oAtg.in.a.Z to u.a a6 6 oon a6 poa6.ibte
so that we may .impternent the neee66ah.y manpoweA incnea6 a to
pnov,ide. Sot th.i6 betv,ice p&i.oA to Pecembet 15 , 1967 .
F
VeAy tnuty young ,
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