City Council - 12/12/1967 - Village Meeting COU14CIL MI14UTLS 12 December, 1967
The meeting was called to order at 8:00 p.m. by Mayor Osterholt.
PRESENT WERL:
David W. Osterholt, Mayor Paul R. Redpath
James C. Brown, Clerk Rolf E. Haugen, Treasurer
Alvin J. Bren W. Harlan Perbix, Attorney
Arthur W. Miller Quentin K. Wood, Engineer
Z ITEM 12-1-67 INVOCATION
The invocation was given by the Rev. Tom Christian from the Glen Lake
Immaculate Heart of Mary Church. The Council and audience joined Mayor
Osterholt in the Pledge of Allegiance to the flag.
!— ITEM 12-2-67 MINUTES OF I1-28-67
Motion was made by Paul Redpath, seconded by Arthur Miller to approve the
ts� minutes of 11-2S-67 as published.
C= The motion carried.
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C ITEM 12-3-67 V0UCH.3RS
Motion was made by Arthur Miller, seconded by Paul Redpath to approve vouchers
4658 through 4 737 for payment .
The motion carried.
ITLM 12-4-67 BIDS ON SNOW PLOW
4LMr. Quentin Wood reported that on the two bids received, the bid from Ziegler }
met the requirements or are greater, was recommended by the County as being
the proper unit to mount on our grader and he recommended that this bid be
accepted. It was also the low bid.
A -,, motion was made by Paul Redpath, seconded by Alvin Bren to accept the
engineer's recommendation and award the contract to the low bidder, the Ziegler
Company for a snow plow for the CAT grader.
The motion carried.
ITEM 12-5-67 VILLAGE ATTORNEY
1. The Duck Lake.
Mr. Virgil Muller of Rieke-Carroll-Muller presented a letter giving the re-
commended level for the lake, recommending that a control structure be built
fi maintaining a level of `1 with provisions to raise the level to -rTS, or
lower to 9: `1 1
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Motion was made by Arthur Miller, seconded by Alvin Bren to have the attorney j
arrange for hearing information on the permit for a control structure at Duck
Lake.
The motion carried.
2. The 169 Resolution. i
Mr. Quentin Mood reported that the State was unable to make the meeting this j
evening and Mayor Osterholt felt that we should have all parties involved at
M the meeting.
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COUNCIL if II-4UTLS 2 12 December, 1967
A motion was made by Alvin bren, seconded by Arthur Miller to delay action
until 12-26-67.
The motion carried.
3. Street names.
The Clerk brought up the fact that by motion the Council had approved three
street names since July and felt that we should act on an ordinance to establish
these as permanent names.
Motion was made by Paul Redpath, seconded by Arthur Miller to instruct the
attorney to draft an ordinance on the three street name changes as approved
in the minutes - Ann Lane to Ann Court, 25 July, 1967, Highview Drive to
Red Oak Drive, 13 June, 1967, and Sheridan Avenue to Sheridan Lane, 10 Oct. 1967.
The motion carried.
ITEM 12-7-67 STREET DEPARTMENT
1. Loader .for the Moline tractor.
Ray Stodola stated that there was no information available on this and this
would be carried on at the next meeting.
ITL'M 12-8-67 ENGINEERING DEPARTMENT
1. Mr. Perbix reported that there was nothing on Sunset Ridge.
2. Pir. Quentin Wood reported that there was nothing further on the Eden Hills
Drainage. j
3. The Cargill Road Test.
4L ►•Ir. Dick Jamison of Cargill stated that the test is to be conducted by Cargill,
American Association of Public Roads and the Ford Motor Company to determine
whether the Cargard as used as advocated by the Cargill people was a deterrent
to corrosion effects of salt as used by many highway departments in the country.
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They stated that a test was being conducted using, pure salt on Highway 101 !
between 'r3ighway 7 and County Road #5, using; the Cargard on the County Road ##3 j
between Shady Oak and Eden Prairie Road and they wanted to use sand as a control
factor only on Riverview and Homeward Hills Road in Eden Prairie.
There was some question as to the safety factors. Mr. Quentin Wood stated that
the salt used by the Village was only to .:eep the sand pile from freezing. It
had no effect on the safety factor of the sand.
Mayor Osterholt questioned if they gave approval and there was a safety problem
the Village would terminate the test. This was agreeable to the parties involved.
Motion was made by Paul Redpath, seconded by Alvin Bren to approve the agreement }
with Cargill and Cargill to pick up the tab for any extra expense incurred by
the Village in conducting this test in the Village.
Upon a roll call vote, Paul Redpath voted yes, Arthur Miller voted yes, Alvin
Then voted yes, James Brown voted no, and Mayor Osterholt voted yes.
The motion carried. {
COUNCIL 1111ELT ING 3 12 December, 1967
ITL;M 12-6-67 REV. EMERSOt4 - L:DEN PRAIRIE: PRL;SBYTERIAN CHURCH
Rev. Emerson appeared before the Council and stated that the church at a
board meeting the previous week had voted to make a payment to the Village
of Eden Prairie for services rendered in lieu of the church paying taxes.
He felt that the church was a part of the community, that it required
certain services such as police and fire protection, road maintenance, and
that as a participant in community activities should pay a share of the cost
of these services.
lie hoped that this would be a step followed by the tax exempt institutions
in the community. He then presented a check for $100.00 to the Village as
a payment by the Eden Prairie Presbyterian Church in lieu of taxes.
A motion was made by Paul Redpath, seconded by Arthur Miller, to accept the
contribution of $1OO.00 from the Eden Prairie Presbyterian Church and place it
in the general fund and instruct the Clerk to write a letter of thanks.
The motion carried.
ITEM 12-9-67 THE EDI14A SEWER
Mr. Virgil Muller of Rieke-Carroll-Muller stated that Edina and Eden Prairie
had been approached by the contractors and County to act on the construction
of the trunk lines under the road as the contractor was in the process now of
working;. Due to the weather conditions lie was able to do work -which would
have been delayed until next spring.
In checking with ter. Perbix, it was found that the six months had elasped
since the public hearing was held and the Council had not ordered the project
then it would be necessary to hold a re-hearing.
Mr. Norby of the Park Construction Company who was in the audience stated
that they would be willing to work with us in this project and felt that the
time element while vital was not such that we could not accomplish everything
within the legal time requirements as they thought it would probably be April
before they actually were forcing; the connection with Transistor Electronics
by the removal of their Imhoff tank which is located in the present road right
of way.
Motion was made by Paul Redpath, seconded by Alvin Bren to adopt Resolution
setting the rehearing for 1-9-68 for the Edina Sewer Connection.
The motion carried.
ITEM 12-10-67 PLANNING AND ZONING
1. The Richard Holasek - William liolasek transfer of property.
It was explained that in making a survey of the Richard Holasek property, it
was found that William Holasek had been using approximately 12 feet of the
Richard Holasek property for many years and Mr. Richard Holasek wanted to make
a quit claim deed to William Holasek, transferring; this property to him. He
required Village approval in making the transfer of this property.
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COUNCIL MLETING 4 J )f1 12 December, 1967
Motion was made b Arthur
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Miller,
seconded by Paul Redpath to instruct the
attorney to draft a resolution permitting the transfer of property from
Richard Ilolasek to William Holasek.
The motion carried.
2. Northern Contracting, Company - Special Use Permit for two years for an
asphalt plant in Laden Prairie for Minnetonka Blacktop.
The request was received frOT'l the Northern Clontracting people for a two year
blacktop plant on their property in Eden Prairie.
Mr. Pausch, President of Aerodyne Machinery, asked to appear and showed
pictures of the operation as presently constituted by Northern Contracting
across from his plant on Industrial Road. He stated that the operations
presented a nusiance as it raised dust, noise, and dirt which caused dis-
comfort to his employees. Mr. Warner asked some questions regarding the use
of the plant. Mr. Ferren and Mr. Cruse were both in the audience and Mr.
Ferren stated that with a two year permit would be modernizing the plant,
putting in a new plant which would have a greater capacity and also would be
a better operating plant as far as the elimination of the dust and noise.
Mr. LeGrand brought up the problem with trucks in the general area and he
felt that a one year permit should be the limit. Also that the people involved
should be required to have flag men on the road so as not to create a hazard
for the people who live in the area and were trying to get to and from their r
homes. s
hlr. Paul Redpath brought up the question that if the M-2 in this area was
rezoned in the comprehensive plan, could they do this? Mr. Perbix stated
that there would be some legal questions on this which would really probably
have to be answered by a court.
Mr. Warner wanted to know if any of the Council had been down in the area
recently, that the area was a shambles. Members of the Council are familiar
with the area.
There was some question on the fact that another plant had been turned down.
It was explained that the rezoning was turned down and that this was not a
new plant but a renewal of an existing permit.
Motion was made by Paul Redpath to grant a two year permit to Northern Con-
tracting. There was no second.
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Motion was then made by Paul Redpath, seconded by Alvin Bren to grant a one
year permit to Northern Contracting for a blacktop plant and ask Brauer for a
study on the future use of the area.
The motion carried.
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COUNCIL MEET I14G 5 12 December, 1967
Mr. Pausch requested that Northern Contracting refrain from putting any sand
on the road. Mr. Cecil Cruse stated Lhat there would be no sand on the roan
in the area.
3. Neal Slate Company — Special Use Permit
Mr. Wally Neal, Mr. Donald J. Perrenoud, Mr. Bob McDonald and Mr. Bob Morehouse
appeared before the Council requesting a Special Use Permit for the Neal Slate
W Company to build a building in the Eden Prairie Industrial Center. This had
gone before the Planning and Zoning Commission and had been approved by them.
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They presented a Letter of Intent to the Village stating what they would be
manufacturing; which was in the line of a blackboard material and related items.
Motion was made by Paul Redpath, seconded by Alvin Bren to grant a Special Use
Permit to the Ileal Slate Company for their building as proposed in their plans
presented to the Council, the exterior finish to be of break-off blocks as
shown on the plans.
The motion carried.
ITEM 12-11-67 1968 LICE14SLS
t~IO The Clerk presented the various application groups for 1968 licenses.
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Motion was made by Alvin Bren, seconded by Paul Redpath to approve the 3.2
aon sale beer licenses, all of which were renewals.
cmThe motion carried.
Motion was made by Paul Redpath, seconded by Arthur Miller to approve the 3.2
off sale beer licenses , all of which were renewals.
The motion carried.
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Motion was mace by Paul Redpath, seconded by Alvin Bren to approve the well
licenses, all of which are renewals.
The motion carried.
Motion was made by Alvin Bren, seconded by Paul Redpath to approve the
cigarette and tobacco licenses, all of which are renewals.
The motion carried.
Motion was made by Paul Redpath, seconded by Alvin Bren to approve the sewer
licenses, all of which are renewals.
The motion carried.
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Motion was made by Paul Redpath, seconded by Arthur Miller to approve the
plu.nbing licenses.
The motion carried.
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Motion was made by Paul Redpath, seconded by Alvin Bren to approve the Drive
In Theatre license. 4
The motion carried. j
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COUI:C IL MEETING U 12 DecernLer, 1967
"otion was -;;ade Ly t .Iviri hren, seconded Ly Paul Recipath to approve the Dance
Ball license.
The :Notion carried.
ITEM 12-12-67 i IO olARD C. MOTT
Howard Nott requested permission to have a permit to shoot a .22 caliber rifle
along the north bank of the f4innesc;ta River on public property. The Clerk
explained that there was no public property along the north bank of the Minnesota
River.
Motion was made by Arthur Miller, seconded by Paul Redpath to deny the request
for a shooting., permit.
The motion carried.
ITEM 12-i3-67 LETTERS A1ID COMMUNICATIONS
A letter was received from Mr. Ben Toensing addressed to the Mayor and members
of the Council. Copies were given to all of the Council members and a copy was
given to Mr. Perbix to report on at the next meeting.
2. The Fire Department requested approval to purchase the silk screen required
for a decal for making declas for the Fire equipment for the Village. The master
would cost $36.00 and the declas then would be approximately $4.50 or $5.00
depending; on size.
Motion was made by Arthur Miller, seconded by Paul Redpath to approve the pur-
chase of the master and 12 decals.
The motion carried.
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3.
The Clerk brought to the Council's attention that he had ordered tags and license
application blanks for the dog, ordinance that would be taking effect January
1, 1968. tie also requested information on notification.
It was felt that the paper and school could do a very good job in getting this
information out.
4. The Clerk presented a letter from Mr. Richard Bren that stated Mr.. Arthur-
Miller had requested a 120 day extension on the removal or repair of certain
buildings which the Miller family own in Eden Prairie.
Motion was made by Paul Redpath, seconded by Alvin Bren to grant 120 day
extension to the Miller brothers,
Upon a roll call vote, Paul Redpath voted yes, Arthur Miller abstained, Alvin
Bren voted yes, James Brown voted yes, and Mayor Osterholt voted yes.
The motion carried.
Mr. Arthur Miller brought up the question on Ordinance #93 where he had requested
a certain part to be removed from the ordinance. The attorney stated that he
had not drafted an ordinance removing this item and this will be put on for the
first meeting in January.
COU14C IL MEETING 7 12 December, 1967
Mr. Quentin Flood stated that there were also some engineering requirements
which should be considerd at this time.
Mr. David Osterholt stated that Local 49 had asked that we act on the health
and welfare provisions for the road crew. This will be on the meeting of
December 26, 1967.
ITEM 12-14-67 INFORMATION AND REQUESTS BY CITIZENS NOT ON THE AGENDA
Mr. William Segar and Dr. Reynolds, citizens of the Village of Edina who lived
on County Road #18 appeared before the Council to complain about the construction
work on the County Road #18-62nd-169 interchange area. They were advised that
this was a County-State contract in which the Village was not a partner.
Mr. Norby representing the contractor, Park C�,nstruction, stated they would be
willing to work with the citizens in the area as far as the noise factor was
concerned, that by contract with the County-State were authorized to run two
shifts and by union contract had to start at 7 in the morning. They would
attempt to work the noise factor out with the people to the best of their ability
and would like to talk with them.
Mrs. Phyllis Olson asked if :sir. Quentin Wood said the signs were put up before
the project was o.k. 'd on the Cargill project. Mr. Wood stated the signs had
been put up without permission.
David Dale asked that he wanted it recorded that he did not wish to be appointed
IL to the Planning and Zoning Board.
Mr. Paul Choiniere wanted to know if members of the Deputy Sheriff's Office
who work in Eden Prairie served in their off duty hours as police officers at
the Barn. They do on occasion.
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Mr. Don Pennie wanted to know if NSP would be on the agenda for 12-26-67. They
would be on the agenda but it now has to sit with the new Council which would not
meet until January.
Mr. Wally Lueth appeared before the Board regarding the Special Use Permit for
Modern Tire Company who is the purchaser of his plant. This will be on t:ze
agenda for 12-26-67.
The meeting adjourned at 10:30 p.m.
s C. Brown, Clerk Jk
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8950 Eder, Prairie Road • Eden Prairie, Minnesota 55343 Telephone 941-2262
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DATE: December 12 , 1967
TO: Eden Prairie Council
FROM: Richard J. Bren, Building Inspector
W SUBJECT: Request from Mr. A. W. Miller
Mr. A. W. Miller requests a one hundred and twenty (120) day extension
to the notice that I sent him on October 10, 1967 giving him ninety (90)
days to demolish or remove certain buildings in the Village of Eden
Prairie.
This would extend the notice to the loth of May at which time the work is
to be completed by required repairs that will conform to the U.B.C. Code
or by demolition and removal.
Richard f &ren, Building Inspector
VILLAGE O� EDEN PRAIRIE
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8950 Eden Prairie Road• Eden Prairie, Minnesota 55343• Telephone 941-2262
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October 10, 1967
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Arthur W. Miller
8430 Eden Prairie Road
Eden Prairie, Minnesota
Dear Mr. Miller: '
This letter is in regard to the buildings you and your brothers, Norman,
Fred and Haro&d, own located near Eden Prairie Road and the railroad tracks.
There are five of these buildings.
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1. Where the pickle factory operated.
2. What used to be the blacksmith shop.
3. Two houses on the southside of the tracks.
4. Building on the north side of the tracks.
I have inspected these buildings and find that these buildings constitute
a hazard to safety by reason of dilapidation and also constitute a fire
hazard, therefore, I request that these buildings be abated by demolition
or removal. All such work shall be completed within ninety (90) days from
the date of this notice.
Thank you for your cooperation.
Very truly yours,
VILLAGE OF EDEN PRAIRIE
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Richard J. Bre ,
Building Inspector
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December 19, 1957
Mr, A. K. IKi11er
8430 Eden Prairie Road
Eden Prairie, Minnesota S5343
Dear Sir:
Your request to Mr. Richard Brun for an extention of the time given
you to repair or remove certain buildings which you am4 y w f wily
( Own in the Village of Edam Frsiria van promentod to the Cou=xU at
their msular mooting or Decaeber t?, im at wbich time Bracy actod
on this request and granted you aE oae huemdraed and twenty day (124)
mctention which gives you until the lCth of Maya 1969 to either
remove or repair the buildings to meet the Uniform Building Coder
Standards.
Very truly yowae,
VIU ACB Or EDEM PRAUZ
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,Tames C. saes Clark
Jee/bh
alas Richard J. Bran, DuLldimg Inspector
V. Horlam Prerbix, V41"a-o Attorney