City Council - 02/28/1967 - Village Meeting COUNCIL MEETING 28 February, 1967
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A meeting was called to order at 8:00 p.m. by Mayor Osterholt.
PRESENT WERE:
David W. Osterholt, Mayor Paul Redpath
James C. Brown, Clerk Rolf Haugen, Treasurer
Alvin Bren Quentin K. Wood, APW
A. W. Miller W. Harlan Perbix, Attorney
The meeting was opened with an invocation by the Rev. Stanley Starr of
the Eden Prairie Baptist Church followed by the Pledge of Allegiance by
the entire group.
ITEM 2-16-67 MINUTES OF FEBRUARY 14, 1967
Motion was made by Paul Redpath, seconded by A. W. Miller to approve the
minutes as published with the following corrections.
On Item 2-8-67 the third sentence in this paragraph should read, "There
were provisions in the present ordinance for 5%, requests were mdde to in- r
crease this to 10% by certain individuals including a recommendation from
the Park and Recreation Commission."
The motion carried.
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Item 1-34-67 Street Names
Motion was made by Alvin Bren, seconded by Paul Redpath to adopt Ordinance 96
giving names to certain Village streets.
The motion carried.
ITEM 2-17-67 VOUCHERS
Motion was made by A. W. Miller, seconded by Alvin Bren to approve vouchers
3917 through 3926 for payment.
The motion carried.
ITEM 2-18-67 BIDS FOR INSURANCE
-Bids were received from the following insurance agencies:
The Nordstrom Larpenteur Agency
The Schneider Insurance Agency
The Sentry Insurance Agency
The M. E. Mickey Lane Insurance Agency
Harold Ferris Insurance Agency
Hopkins Insurance Agency
The bids were opened and read aloud. Motion was made by Alvin Bren, seconded
by A. W. Miller to accept the bids and to have the Clerk record the information
and check the bids against the specifications and to set a special meeting for
7:00 p.m. on March 7, 1967 at which time the Council will act on the bids and
award the contract to the Agency for the insurance needs for the Village.
COUNCIL MEETING 2 28 February, 1967
ITEM 2-3-67 CRAWLER LOADER
Mr. Ray Stodola was asked if he had checked on the bids on the crawler loader.
He advised that he had gone over the various bids and that the low bidder, the
Frank Knapp Equipment Company meets the specifications and that he recommends
the low bidder.
Mr. Wood also recommended the low bid.
Motion was made by Paul Redpath, seconded by A. W. Miller to accept the low
bid on the Frank Knapp Equipment Company for $4,685.00 with a trade-in for a
1967 Allis-Chalmers H-3 Crawler Loader.
The motion carried.
ITEM 2-19-67 THE VILLAGE ATTORNEY
Mr. Harlan Perbix stated that on Ordinance 93, the section that had to do with
the dedication of land for Park purposes and drainage ways required some further
clarification by the Council. He advised in checking the law as requested at
the last meeting, that there were no mandatory provisions in the law for a set
amount to be set aside. He did also state that if 5% of the land area or 10%
was dedicated, a percentage figure and a value figure would have to be arrived
at that would be consistent with the land area.
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It was felt using the Assessor's full and true value would be the most ogmWee
dollar figure and if this is used, 15% of the full and true value would be g
equal to 5% of the land area or 30% of the full and true value would be equal
to 10% of the land area. He also stated that it was the option of the developer
as to whether land or money would be donated for the Park and Recreation purpose
and not the option of the community.
Motion was then made by Paul Redpath to set the figure at 10% of the land area
or 30% of the full and true value for dedication for Park and Recreation pur-
poses.
There was no second and the motion died.
Motion was made by A. W. Miller, seconded by Alvin Bren to set the figure at
5% of the land area and 15% of the full and true value for the money donation
for the Park and Recreation purpose on plats.
The motion carried.
In subdivision 2, the same section,, referring to the area• to be set aside
as a drainage way, there was discussion as to whether this should be 50 feet
on either side of the water ways or 100 feet.
A motion was made by Paul Redpath, seconded by David Osterholt to make the
area 130 feet on either side of the center line and to give credit for the t
land taken in this manner as part of the 5% donation required above in Section 1. i
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COUNCIL MEETING 3 28 February, 1967
Upon a roll call vote, Paul Redpath voted yes, A. W. Miller voted no, Alvin
Bren voted no, James C. Brown voted yes, and David Osterholt voted yes.
The motion carried.
Motion was then made by Paul Redpath, seconded by Alvin Bren to adopt
Ordinance #93.
The motion carried.
The Attorney then presented Ordinance #94, which had to do with the rezoning
of the Richard Holasek property for Diversified Realty from RA to C-2.
Motion has made by A. W. Miller, seconded by Alvin Bren to adopt Ordinance #94.
Upon a roll call vote, Paul Redpath voted no, A. W. Miller voted yes, Alvin
Bren voted yes, James Brown voted yes and David Osterholt voted yes.
The motion carried.
The Attorney then presented Ordinance #95 which was an Ordinance to rezone the
property owned by the Char-Lynn people on County Road 1 from RA to R-1 to be
used for residential development.
Motion was made by Alvin Bren, seconded by A. W. Miller to adop•c Ordinance #95.
The motion carried.
On the rezoning from M-2 to SI on the land along Highway 5, there was some
question as to certain areas for descriptive purposes in the final rezoning
and also a question as to what had or had not been published for the Council
hearing.
The Attorney stated that an Ordinance would be prepared for the next meeting to
finalize the action and in order to clarify the matter, requested that we adopt
a resolution to hold a hearing on the land which had not been correctly published.
Motion was made by Alvin Bren, seconded by Paul Redpath to table action until
March 14, 1967 on the Ordinance and to adopt a resolution to hold a hearing on
March 28, 1967 on the land in Section 7 and 8.
The motion carried.
ITEM 1-32-67 THE EDINA SEWER
There was nothing further to report on this.
The Metropolitan Sewer.
Mayor Osterholt reported that the bulletin received from the. League of
Muncipalities had comparisons of the present bills before the Legislature on
the various sewer proposals for Metropolitan areal j
No other action was taken at this time.
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COUNCIL MEETING 4 28 February, 1967
ITEM 2-20-67 ENGINEERING DEPARTMENT
1. Minnesota Highway Department Layout 8-C.
The Planning and 'Zoning Commission had previously been invited to meet
with the Council at this time along with representatives from the Minnesota
Highway Department.
CJ� Present from the Planning and Zoning Commission were Homer Raguet, Cecil
c Cruse, Ralph Nesbitt, Odmar Skjelbostad, Henry Hauser, and David Dale
o was absent.
b Mr. Quentin Wood explained that he had received a call from the Highway
Department that the party that was to meet with the Council had become ill
and could not make the meeting; that they would like to schedule a meeting
for 1:30 p.m. on March 7, 1967 at the District Offices in Golden Valley.
Mr. Quentin Wood did explain to the Council and the audience, the proposal
that the Highway Department had made in the changing of the road along with
the improvement of State Highway #5 and it's crossing with the new 169 and
the proposals of the Village for certain access ramps on to the new 169-212.
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Because the people from the Highway Department were not present, no action
was taken at this time.
( 2. Request for pumping. s
No action was taken on this. Mayor Osterholt informed Mr. Quentin Wood
that if an emergency situation arose, they would call a special meeting
to act on the pumping situation.
i 3. Willard Eggan -- Release of balance of escrow on Kirk Meadows.
Mr. Wood had compiled information on the various developments and how the
r" road accounts and contracts were set up and whether seal coating was involved
in them. The Heritage Park had been released without seal coating, the Alpine
' Estates had been released without seal coating although an escrow fund had
not been set up as they prepared the road p riot(&ny building in the area.
The new areas that had seal coating in them had not been completed :o the point
where they had been requested for release by the Council.
It was felt that there-had riot been-.a set policy by the Community on whether
coating was to be included in the original road work done b the developer
seal gY P
and that in certain areas where it had been figured in the escrow amount, it
had not been included in the final tabulation and the money had not been re-
leased.
® It was felt to be fair to all parties concerned and that in the future every-
C3 body should be advised that the seal coating is or is not included in their
road contract.
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COUNCIL MEETING 5 28 February, 1967
Motion was made by Paul Redpath, seconded by Alvin Bren to return the balance
of the escrow funds to Willard Eggan.
The motion carried.
Motion was then made by Alvin Bren, seconded by A. W. Miller to set March 1,
1967, as the date for which all future road contracts will include the first
seal coating.
The motion carried.
4. Drafting Machine.
Mr. Quentin Wood stated that the price of the drafting machine which he felt
would be of most value to the Village was $171.00 where as he had requested
$150.00 in the budget. The price had increased since the calculatq�Tilere
received for the budget.
Motion was made by James Brown, seconded by A. W. Miller to authorize the
purchase of a Bruning Drafting Machine for $171.00.
The motion carried.
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ITEM .1-17-67 ANNUAL AUDIT 4
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Copies of the Annual Audit had been distributed to the mgmbers of the Council
previously. The Auditing Firm of George M. Hansen had m4twith the members
of the Council and the Treasurer and had gone over the points on the audit
which they felt required clarification. They had stated that our records were
in very good shape and the Village had no problems as far as the financial re-
cords were concerned.
Motion was made by A. W. Miller, seconded by Alvin Bren to accept the Annual
Audit as prepared by the George M. Hansen Company and place it on file.
The motion carried.
Along with this there were certain adjustments that the auditors had recommend-
ed be made in the accounts.
The first item was to adjust the various fund balances to reflect their true
balance as monies had been borrowed from one fund to the other.
Motion was made by A. W. Miller, seconded by Alvin Bren to adjust the balance
by transferring from the street fund to the general fund $1,061.50 by trans-
ferring from the 1963 street improvement fund to the public street improve-
ment fund #1, $828.00 and by transferring from #1 fund to 1963 street improve-
ment fund $271.34.
The motion carried.
Paul Redpath is recorded as abstaining.
Mr. Rolf Haugen suggested, based on the information supplied by the auditors
that we transfer $6,000.00 from the general fund to the municipal building
bond fund to make up the deficit that the County Auditor had created in the
COUNCIL MEETING 6 28 February, 1967
fund by not allowing the first year's taxes for this particular area.
Motion was made by Paul Redpath, seconded by A. W. Miller to transfer
$6 ,000.00 from the general fund to the municipal building bond fund.
The motion carried.
Also in line with the recommendations of the auditor, motion was made by
Alvin Bren, seconded by Paul Redpath to merge the street and general funds
into a general fund.
The motion carried.
ITEM 2-21-67 OSCAR JONES
Mr. Oscar Jones appeared before the Council requesting tha-. the Counc'1 con-
sider an ordinance which would allow multiple dwelling units and plan unit
developments within the Village. He presented to the Council- proposal for
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a planned unit development in the area of property he now owns bounded by
old 169 and new 169 at the northeast corner of the Village.
He stated that it would be necessary to have sewer servicing the area before
it could be developed but in order to proceed with the plans, he requested that
the Council consider adopting an ordinance which would allow this so that he
could proceed with the preliminary plans for the area.
He was advised that the Council had previously considered this request from
the Planning and Zoning Board and that they had decided to withhold any action
on this until such time as the - final determination of the Planner for 1967
had been completed.
He was advised by Mayor Osterholt that this would probably take place within
60 days and he stated he would be most happy to come back at that time and
again present his request.
ITEM 2-22-67 NORTHERN CONTRACTING
Request for renewal of special use permit for blacktop plant.
Northern Contracting had again requested renewal of their special use permit
to operate the Minnetonka Blacktop Plant on their property in the Village of
Eden Prairie.
The request had been previously submitted to'the Planning and Zoning Commission
and they had recommended approval to the Council.
A Mr. Clifford Nelson had written a letter to the Clerk, asking that he be
advised of the meeting when this action would be considered. The Clerk stated
that he had been so advised. Mr. Nelson was in the audience. He stated his
position as the Attorney for Mr. Joseph Pausch of Aerodyne, Inc. in that they
objected to the plant because of the dust, fumes, and noise which it onset% in
the area. -e.atc�a
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COUNCIL MEETING 7 28 February, 1967
They also had some pictures to show what they considered an obnoxious
operation by the Blacktop Plant.
Mr. Cecil Cruse of the Northern Contracting Company stated that at the
Council's request last year, he had put a wet washer on the plant which
has eliminated any dust being created. He stated there was dust from the
road as the road is a gravel road that services the area and any vehicle
traveling the road except immediately after a rainstorm does create a cer-
tain amount of dust in the area.
Mr. Perbix advised the Council that he was the Attorney for Northern Contract-
ing; that he had previously stated this to the Council so that it was a matter
of record. He also stated that there was a suit pending between Mr. Joseph
Pausch and the Aerodyne people against Northern Contracting regarding the
operation of the Blacktop Plant. He stated that the suit would be coming to
trial within the next 60 days. He felt that the judge would make a final
determination as to whether or not the plant could operate in the area it was
now located. He also made the statement that the Council should be very care-
ful in the issuance of a special use permit because once it is issued, it
cannot be withdrawn unless the Council has a very good reason. And should the
Council at this time vote not to renew the permit, the people from Northern.
Contracting would probably secure another lawyer and file suit against the
Council for the permit. He advised the Council that as long as the determina-
tion as to whether this was a good or bad operation and whether or not it should
(" be continued in it's present location would be determined by the courts very
shortly; that the Council should renew the permit until such time as the court
had made a final determination, at which time they would either advise the
Council to withdraw the special use permit or to allow it to continue.
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A motion was then made by James Brown, seconded by A. W. Miller to renew the
permit for one year.
The motion carried.
ITEM 2-23-67 VILLAGE PERSONNEL
1. Wage rates for 1967 and fringe benefits.
There was considerable discussion on this matter and on what the various
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categories of employees would or would not be entitled to for the calendar
year of 1967. j
Mr. Charles Swendson, representing Local 49, which is the bargaining agent for
the road employees, appeared before the Council, requesting some additional
information from the Village Records to be used in 1967 negotiations which
would come up this summer.
He stated that he had reported back to the people on the road crew the re-
sults of the 1966 negotiations for 1967 wages, while they were not happy with
them they have chosen not_ to, take any other action.
r Mr. Wood stated his qualifications to the Council and stated the fact that he i
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COUNCIL MEETING 8 28 February, 1967
had now become registered by the State of Minnesota and was a registered
Civil Engoneer in the State of Minnesota. He asked that his salary be
increased to $1,000.00 a month.
None of the other Village employees appeared before the Council at this time.
Motion was made by Paul Redpath seconded by Alvin Bren to raise Mr. Quentin
K. Wood's salary to $1,000.00. �K 1ric.J
Upon a roll call vote, Paul Redpath voted yes, A. W. Miller votes yes, Alvin
Bren voted yes, James Brown voted yes, and Mayor Osterholt voted no.
The motion carried.
Motion was then made by Paul Redpath, seconded by Mayor Osterholt to place
all members of the road crew except the foreman on an hourly basis and to
give all members of the road crew a 10% over-all raise for 1967.
The motion carried.
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Motion was then made by Paul Redpath, seconded by A. W. Miller to grant all
other Village employees a 10% across the board raise for 1967.
The motion carried.
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On the compensatory time, it was felt that the employees should be paid
regularly for an excess amount of compensatory time earned and not have this
money held until the end of the year.
The motion was made by James Brown, seconded by A. W. Miller that on compensa-
tory time, the employees would accrue up to 40 hours which they would carry on
the books. Anything between 40 and 60 hours would be accrued and when the
hours had reached 60 hours, they would be paid for the difference between the
40 and 60 hours on the next pay period.
The motion carried.
2. Village Bookkeeper.
Motion was made by A. W. Miller, seconded by Alvin Bren to accept the resign-
ation of Mrs. Adele McCracken and hire at the recommendation of Mr. Haugen and
Mr. Brown, Mrs. Lorraine Raths as bookkeeper at $1.75 per hour.
The motion carried.
ITEM 2-24-67 LETTERS OF SPECIAL INTEREST
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This was continued until the next meeting.
ITEM 2-25-67 FORFEITED LAND
The Clerk presented a t1en from the County on tax forfeited land.
This required the adoption of a resolution to allow the County to place this
r on the sale list. This had previously been requested of the Village and no
action had been taken.
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COUNCIL MEETING 9 28 February, 1967
Nobody wants this particular piece of property as it is too small for any
usable purpose.
Motion was made by A. W. Miller, seconded by Alvin Bren to adopt a resolution
_ allowing the County to place this on it's tax forfeited sale list.
ITEM 2-25-67 CLERK
1. Motion was made by Paul Redpath-, seconded by Alvin Bren to authorize
Ray Stodola, the road foreman, to attend the Minnesota League of Muncipalities
course in effective supervisory practices.
The motion carried.
2. Motion was made by A. W. Miller, seconded by Paul Redpath to allow the Clerk
to attend the Minnesota League of Municipalities school for Clerks and Finance
Officers.
The motion carried.
3. The Clerk reported he had requests from certain individuals requesting j
that the Council take some action on the recommendations from the Planning
and Zoning Commission regarding the feasibility of putting in trailer homes
and mobile home courts in the Village.
The Clerk was advised that he should have these people put in a formal request
to appear on the agenda. This will be done.
4. The Clerk presented to the Council a questionaire which the Planning and
Zoning Commission had prepared in a letter from the Chairman of the Planning
and Zoning Commission to the Minnesota Department of Business Development
regarding the proposed 701 planning program for the Village of Eden Prairie.
The Attorney presented Resolution 156 to the Council, which in effect asked
the State of Minnesota to proceed with the 701 application as rapidly as possible.
Motion was made by Paul Redpath, seconded by Alvin Bren to adopt Resolution #256.
The motion carried.
ITEM 2-26-67 ROAD AND BRIDGE FUND
On the Roy Olson-Bury & Carlson contract to operate the gravel pit on the Roy
Olson property, Mr. Quentin K. Wood stated that the contract had now been
completed, had been approved by the attorney and met with the map which is on
file in the Engineer's office.
Motion was made by Alvin Bren, seconded by A. W. Miller to approve the contract
for the Roy Olson-Bury 6 Carlson gravel mine operation and to authorize the
Mayor and Clerk to sign the same. I
The motion carried.
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COUNCIL MEETING 10 28 February, 1967
ITEM 2-10-67 EXTENTION OF DELL ROAD
There was a special meeting set for March 2, 1967 at 8:00 p.m. at the
Council meeting of February 14, 1967. It was going to be impossible for all
the people to attend this meeting.
A motion was then made by Paul Redpath, seconded by A. W. Miller to change
this meeting to March 9, 1967 at 8:00 p.m. at the Village Hall.
The motion carried.
Motion was made by Paul Redpath, seconded by Alvin Bren that the meeting be
adjourned at 12:40 a.m.
The motion carried. .
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Jam C. Brown, Clerk
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