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City Council - 03/12/1968 - Village Meeting
COUNCIL MEETING 12 March, 1968 These minutes are electronically taped. The meeting was called to order at 8:00 p.m. by Mayor Osterholt. PRESENT WERE: David Osterholt, Mayor Robert J. Lapic Arthur W. Miller Quentin K. Wood, Engineer Paul R. Redpath Q. Harlan Perbix, Attorney Warren Shultz ITEM 3-1-68 INVOCATION The invocation was given by Councilman Warren Shultz. The Council and audience joined Mayor Osterholt in the Pledge of Allegiance. ITEM 3-2-68 MINUTES OF 2-27-68 Mayor Osterholt recommended that the Council appoint Mr. Perbix as acting clerk to take the minutes in the absence of Clerk James Brown. The motion was made by Arthur Miller, seconded by Warren Shultz to approve the minutes of 2-27-68 as published and to appoint Mr. Perbix as acting clerk to take the minutes for the meeting of March 12, 1968 in the absence of Clerk James Brown. Upon a roll call vote, all members voted yea. The motion carried. ITEM 3-3-68 VOUCHERS Motion was made by Warren Shultz, seconded by Paul Redpath to approve vouchers 4922 through 4980 for payment. Upon a roll call vote, all members voted yea. The motion carried. ITEM 3-4-68 BIDS Gravel, sand, rock and bituminous material. Bids were received from: s B & R Rock Northwest Bituminous Co. Black Top Service Northwestern Gravel Co. Bryan Aggregattis Richards Oil Co. Bury and Carlson Riverside Gravel Northern Contracting Western Concrete Motion was made by Paul Redpath, seconded by Warren Shultz to accept the bids and refer them to Mr. Wood for study and report at the meeting of 3-26-68. Upon a roll call vote, all members voted yea. The motion carried. Bids on the gasoline and fuel oil. Bids were received from the Flying Cloud Oil Co. and the W. Gordon Smith Oil Co. Motion was made by Arthur Miller, seconded by Warren Shultz to accept the bids and refer them to Mr. Quentin Wood for study and a report at the meeting of ! f March 26, 1968. Upon a roll call vote, all members voted yea. The motion carried. i t J } COUNCIL MEETING 2 12 March, 1968 The four wheeled drive vehicle for the Fire Department. Bids were received from: Holland Motors Woodhead Ford B & B at Belle Plaine Astleford Equipment The motion was made by Warren Shultz, seconded by Arthur Miller that the bids be referred to the Fire Department for study and report. Upon a roll call vote, all members voted yea. The motion carried. C* 2. Pick up truck. tir Mr. Stodola reported that in checking over the bids they all appeared to © meet specifications and that the Phillips Motor Company of Excelsior was the __j low bidder at $2,461.14. CD Motion was made by Paul Redpath, seconded by Arthur Miller to award the bid to Phillips Chevrolet for one pick up truck at $2 ,461.14 as per their bid. Upon a roll call vote, all members voted yea. The motion carried. 3. The Vibratory Roller. Mr. Quentin Wood submitted a letter to the Council recommending; that the Council award the bid to Ruffridge-Johnson as the other two bidders, though they were lower, did not met specifications. The main reason was in the transmission. They were not compatible and would require more expensive maintenance then the bid for the machine which Ruffridge-Johnson is proposing. It was Mr. Wood's recommendation that they award the bid to the low qualifying bidder, Ruffridge-Johnson in the #3 ,660.00. Motion was made by Arthur Miller, sec ended by Paul Redpath that the contract be F awarded to Ruffridge-Johnson in the amount of $3,660.00 for a vibratory roller as per their bid. E Upon a roll call vote all members voted yea. The motion carried. ITEM 3-5-68 PUBLIC HEARING The public hearing held pursuant to a notice. Mr. Wood made a verbal report with maps, estimated costs and so on and then Mr. Obermeyer from Edina who is the project engineer for theVillage of Edina prepared to answer questions and explain in detail their study; the sewer system, water system, storm sewer system and the grading of their road. The cost would approximately be $53.70 a front foot; 36.4% to Edina, 59.4% to Eden Prairie and 4.36% to Bloomington. This was based on the availability of land to the road. The meeting was open for public discussion. There were M .3i cm yy,. COUNCIL MELTING 3 12 March, 1968 questions by some of the property owners. A motion was made by Paul Redpath, seconded by Arthur Miller that the hearing he continued until March 26, 1968 at 8:00 p.m. Upon a roll call vote, all members voted yea. The motion carried. ITEM 3-6-68 NORTHERN STATES POWER COMPANY Mayor Osterholt read a letter from Northern States Power wherein they agreed to accept the terms and conditions of Resolution #194 with certain exceptions. A copy of this is included in the minutes and also in the Northern States Power Company file. The motion was made by Paul Redpath, seconded by Arthur Miller that this letter be accepted and the conditions approved and placed on file. Upon a roll call vote, all members voted yea. The motion carried. ITEM 3-7-68 HUMAN RIGHTS ORDINANCE Mr. Perbix presented Ordinance #111 for the first reading which is an or dinance setting, up a Human Rights Commission. Motion was made by Paul Redpath, seconded by Warren Shultz that Ordinance #111 be adopted at the first reading. t Upon a roll call vote, all members voted yea. The motion carried. 2 . Resolution for Park Funds from the Federal Government. Mr. Perbix presented Resolution #196 which is a resolution to be included with the applications for Park Funds from the Federal Government as requested by the Federal people. Motion was made by Paul Redpath, seconded by Warren Shultz that Resolution #196 be adopted. Upon a roll call vote, all members voted yea. The motion carried. ITEM 3-8-68 ENGINEERING DEPARTMENT There was no report on the Blossom Road turnaround. ITEM 3-9-68 MAYOR OSTERHOLT The Park and Recreation changes. Mayor ¢sterho;.t recommended the enlargement of the Park and Recreation Commission from *-4x to t members. It would include three additional at-large members for three year terms and the president or member from the Eden Prairie Athletic Association making a total of nine members on the Park and Recreation Commission. J i Motion was made by Warren Shultz, seconded by Arthur Miller that the attorney draft an amendment to enlarge the commission. i Upon a roll call vote, all members voted yea. The motion carried. t I 4 1 COUNCIL MEETING 4 12 March, 1968 Mayor Osterholt then read a letter from Mr. Leslie Wise asking that he be relieved from his position as a member of the Park and Recreation Commission due to a change in his job committment and the time element required. Motion was made by Paul Redpath, seconded by Warren Shultz that the resignation of Mr. Wise from the Park and Recreation Commission be accepted and that the Clerk write a letter of commendation to him. Upon a roll call vote , all members voted yea. The motion carried. 2. Weed Inspector. Mayor Osterholt recommended the appointment of Harry Picha for the ensuing year. Motion was made by Warren Shultz, seconded by Arthur Miller that Harry Picha be appointed weed inspector for 1968 and that he be paid extra for the work. The amount will be determined later. Upon a roll call vote, all member3 voted yea. The motion carried. 3. The appointment of the Purgatory Creek Study Group. Mayor Osterholt recommended a study with Chanhasse4 Minnetonka and Eden Prairie # regarding pollution of Lotus Lake. He will have names to recommend to the Council at the next meeting. There was no action at this meeting. ITEM 3-10-68 SOUTHWEST SANITARY DISTRICT Mr. Virgil Muller reported some of the information which he has worked up. There was much discussion on the cost of the joint powers agreements, what Eden Prairie's share was of the sewer and of the cost. There was a motion made and withdrawn by Mr. Paul Redpath. Mr. Paul Redpath then moved, seconded by Warren Shultz that the Mayor and Clerk be authorized to sign the joint power agreement with which the village has been presented. Upon a roll call vote, Arthur Miller voted no, Paul Redpath voted yes, Warren Shultz voted no, David Osterholt voted no. The motion was defeated. Mr. Virgil Muller discusse �tthp County Road #18 Sewer Project In the northeast part of the village. Mr. indicated that Edina would work out an agreement prior to March 18th. We would be considering this. The Clerk and Mayor were prepared to execute the contract as soon as Mr. Perbix had cleared the easement problem. He felt we should definitely know from where the money is coming. There was no formal action taken. ITEM 3-11-68 JOE SEMRAD' S CEDAR FOREST ESTATES PRELIMINARY PLAT Mr. Wood recommended it' s approval. It had been before the Planning and Zoning Commission and they had recommended approval. Motion was made by Paul Redpath, seconded by Warren Shultz that the preliminary plat of Cedar Forest Estates be approved. Upon a roll call vote, all members voted yea. The motion carried. COUNCIL MEETING 5 12 March, 1968 ITEM 3-12-68 DALE DAHLKE Mr. Dale Dahlke requested a variance from the strict provisions of Ordinance #93 to permit a division of his property as per the attached survey. This had been before the Planning and Zoning Commission and they had recommended the Council grant the variance and approve the division. A motion was made by Arthur Miller, seconded by Warren Shultz that he may divide his property into two pieces, legally described as follows: The West 208.5• of the South 312.8' of the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 116 North, Range 22, West of the 5th Principal Meridian, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County of Hennepin, State of Minnesota, also according to the United States Government Survey thereof. ITEM 3-13-68 REQUEST FROM THE PLANNING AND ZONING COMMISSION ON VILLAGE BOUNDARIES The Planning and Zoning Commission had recommended to the Council that they consider taking any steps to have the boundaries re-adjusted between Chanhassen and Eden Prairie to bring back into Eden Prairie the property which was annexed ZpbeVChanhassen some time back. This had been discussed at a Planning and Zoning meeting. Mr. Wood reported he felt the Village should sound out Chanhassen on the possi- bility of getting that portion of Chanhassen and Hennepin County back into the village. 4 Mr. Perbix stated there was some legal problems that would have to be solved. He felt that a member of the council should talk to the Chanhassen people to see if this was agreeable and it would require 4/5 vote on each council. There was no formal action taken at this point. ITEM 3-14-68 ORDINANCE #106 Mayor Osterholt read a letter from the school board regarding the dog Problem and asked for a committee report at the next meeting on the control of the. unlicensed animals in the village. ITEM 3-15-68 THE PLANNING MEETING The Mayor read a memorandum from Clerk Brown regarding the planning meeting on March 19th to take place at the Eden Prairie High School Cafetorium. The Clerk had reported that the village had obtained the use of the cafetorium for this meeting. Notices had been sent out to all of the various board members and the organizations in the community. The newspaper had publicized it and also letters had been sent to the adjoining communities. The Mayor asked that all people make every effort to attend this particular meeting. I E COUNCIL MEETING 6 12 March, 1968 ITEM 3-16-68 VILLAGE PERSONNEL 1. Mayor Osterholt read a letter from Mrs. Raths. Mrs. Raths asked that she be relieved of her bookkeeping duties as of April lst due to a change in her plans. Motion was made by Warren Shultz, seconded by Paul Redpath that the Council accept Mrs. Raths resignation and that she be thanked for her services. Upon a roll call vote, all members voted yea. The motion carried. 2. Mayor Osterholt reported that the Un;.=: had agreed to accept the recommen- dations of the village in a letter dated February 21, 1968, with the provision that the pay be made retroactive to January 1st. This requires a legal opinion from the attorney which he is asked to procure. Motion was made by Paul Redpath, seconded by Arthur Miller that the recommen- dation be approved effective January 1, 1968. Upon a roll call vote, all members voted yea. The motion carried. ITEM 3-17-68 THE VILLAGE AUDIT The Clerk presented the report of audit for the year 1967 from the George R. Hansen Company and asked that it be approved. Motion was made by Warren Shultz, seconded by Arthur Miller that the audit - report for 1967 be approved. Upon a roll call vote, all members voted yea. The motion carried. The Clerk also presented in a memcrandum that this had in it the required reports as provided by State Statutes required from the Clerk and that the audit was required to be published only if a paper was published in the village in which case there was no paper at this time being published in the village of Eden Prairie. The audit would be posted in the necessary public places. ITEM 3-4-68 FOUR WHEELED DRIVE VEHICLE The Firemen reported back and recommended that the bid of Holland Motors of : haska in the amount of $2,549.00 be awarded. Motion was made by Paul Redpath, seconded by Warren Shultz that the recommen- dation of the Fir De a�rtment be accepted and that the bid be awarded to Holland Motors oR in the amount of $2,549.00 for a truck in accordance with the Fire Department's specifications. Upon a roll call vote, all members voted yea. The motion carried. t It was brought up that some of the bid bonds should be returned to the bidders. l 'h. I COUNCIL MEETING 7 12 March, 1968 A motion was made by Warren Shultz, seconded by Paul Redpath that the bid bonds of all bidders for the four wheeled drive truck and the vibratory roller except those to whom the bid was awarded be returned to the bidders. Upon a roll call vote, all members voted yea. The motion carried. Mr. Quentin Wood brought up the road in the Eden Prairie Industrial Park, School Road. Mayor Osterholt wanted the school and planner represented at this meeting. This will be scheduled at a later time. Motion was made by Paul Redpath, seconded by Arthur Miller, that the meeting be adjourned at 10:55 p.m. The motion carried. i i James C. Brown, Clerk U 1 I