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City Council - 01/13/1970 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, January 13, 1970 7: 35 P.M., Village Hall ;Members present were Mayor Osterholt, Councilmen, Haugen, Redpath , Nesbitt, and Lieb. Also present were Village Manager 1:leorge.C. Hite, and Village Attorney Harlan Perbix. 1. OATS OF OFFICE e oath of office was administered by the Village Attorney to Mayor David 14. Osterholt whose nei! term of office runs to January 1 , 1972. The oath of office was administered by the Villate Attorney to Councilman Paul F<edoath whose new term of office runs to January 1 , 1973. II . ELECTIO14 OF ACTING MAYOR 1r. Lieb moveE tFat Mr. Ralph Nesbit: be nominated as acting ilayor. Mr. Redpath seconded. fir. Redpath moved that the nominations be closed and the a unanimous ballot be cast for Mr. Nesbitt. Mr. Haugen seconded. All voted aye. Mr. Nesbitt was elected acting Mayor. Ill. MINUTES OF DECEMBER 22 1969 e minutes of December ZZ, 1969, were unanimously approved after correcting item III (C) ( 1970 Police Service Contract ) to show the IL Mr. Redpath rather than Mr. Nesbitt seconded the approving motion. IV. OFFICIAL DESIGNATIONS A. OfTicial Publication. The Village Manager recommended that the Council designate the Ri onka-Eden Prairie Sun as the official newspaper for 1970. He said the publication submitted the only bid received and that the proposed rates were $1 .80 per folio for the first insertion, $1 .20 per folio for each additional insertion with tabular matter rate at 60 cents additional on the first insertion. These are the statutory rates as set by Minnesota law. Mr. Redpath moved that the Minnetonka-Eden Prairie Sun be designated as the Village official publication for 1970. Mr. Haugen seconded. On roll call all voted aye. Motion carried. B. 1970 Meetin Dates and Times. Mr. Nesbitt moved that the regular Council meetings for 191U be held on the second and fourth Tuesdays of each month at 7:30 p.m. , at the Eden Prairie Village Hall , 8950 Eden Prairie Road. Mr. Haugen seconded. All voted aye. Motion carried. i C. Official Depository - Approval of Assignment of Securities in Lieu of Bon . The Manager recommended that the First National Bank of Hopkins be designated as the official d espoitory for the public funds of the Village of Eden Prairie for 1970. He advised that the bank through its Vice President, Mr. F.W. Maser be letter dated January 9, 1970 pledged `. securities in lieu of bond, the securities having a par value of $175,000. Mr. Haugen inquired as to whether or not other banks had been contacted and was advised by the Manager that they had not but that new bank x y Eden Prairie Village Council Minutes of January 13, 1970 Page 2 Ar applications were being formulated for Eden Prairie locations and that in the future these banks should be given consideration. Mr. Lieb moved the adoption of Resolution No. 321 and 321A designating the First National Bank of Hopkins as the officail depository for the Village of Eden Prairie and approving assignment of securities in lieu of bond. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. D. Signatory Authorization. Mr. Redpath moved the adoption of Resolution No. 322 author ing the Mayor, Manager and Treasurer or on their behalf the acting Mayor, Deputy Treasurer to act for the Village in the transaction of any banking business. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. Mr. Redpath moved the adoption of Resolution No.322A authorizing the use of facsimile signatures by Village officials, Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. E,. Investment Authorization. Mr. Haugen moved the adoption of Resolution NO. 323 authorizing the Treasurer to invest in public securities. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. V. PETITIONS, REQUESTS, AND COMMUNICATIONS George Maurer. Thee Village nager advised the Council that MR. George Maurer had requested that the Council approve the division of Lot 2, Block l of M and K Addition. He noted that such divisions required a public hearing and that in the instance of the proposed division Mr. Maurer had based his proposal on the assumption that the land would be zoned for industrial purposes. It is now zoned Rural. He recommended that action on the request be deferred until such time as Mr. Maurer had considered the rezoning and supplies additional information necessary to consider the proposal. Mr. Redpath mowed that the Council table the request of Mr. George Maurer for a property division. Mr. Haugen seconded. All voted aye. Motion carried. B. Midwest Asphalt Corporation, By letter dated December 16, 1969, Mr. Ri"Ehard B. Bury, vice President and General Manager of Midwest Asphalt Corporation, had requested that the Council renew for two years a special use permit to operate an asphalt plant on the property described as Registered Land Survey 1054 and located at 6401 Industrial Drive. The Village Manage reviewed the history of the asphalt plant deliberations, noting that in the summer of 1968, the Council had authorized the operation of the plant until February of 1970. The Manager reported that he had by mail advised the adjacent residents of the request and had asked that they contact him if they felt the operation of the plant should be discontinued. Mr. Dick Smith,6511 Manchester Lane, called to advise that he felt that the original Council decision to permit the plant was wrong and that he still didn't feel that is should be located within the area. He had asked about the taxes paid by Midwest Asphalt and had been advised by the Manager that the 1970 tax bill was $12,236. Mr. Diek Ferrick had phoned to advise that he did not think the plant should have been originally permitted but that he had not observed any particular problem during the past. year. The owner of 6561 Manchester had phoned and complained Council Minutes January 13, 1970 Page 3 of odor and dust and said that he felt the problems were worse during the summer of 1969 than they were in the summer of 1968. The Manager reported that another caller had asked that his name not be used and indicated that he had observed no particular problem with the plant during the past year. Mr. Dick Sather was present and restated his concern about the initial Council decision to permit the plant. He asked that in the event that the Council could or would not remove the plant, that it continue to control its operation closely, preferably through an annual special permit procedure. The Village Manager recommended that the operation of the plant be regulated through a business license which could be issued on an annual basis. He noted that such a licensing procedure would require an amendment to the Village business licensing ordinance and that it would be necessary to establish specific standards by which the operation of the facility could be judged. The Council asked the Village Attorney if the establishment of a special use procedure under the zoning ordinance might not give the Council greater latitude in the control of the use than the recommended business licensing procedure. Mr. Perbix said that in either case the Council would need to establish specific regulatory standards and that as long as these standards were adequately met the Council might find it difficult to refuse either a special permit or business license. Mayor Osterholt asked if the business licensing procedure recommended by the It Manager might not make it possible to establish asphalt plants in other locations zoned for industrial purposes. The Manager said that he was of the opinion that the standards in a proposed business licensing ordinance might be such that they would restrict such operations to locations having environmental aspects similar to the ones existing on Industrial Drive, which he commented were unique in the Village and would be difficult to duplicate in any other industrial area. Mr. Haugen moved that the Manager and Attorney draft an amendment to the business licensing ordinance adding asphalt plants as a licensed business activity and establishing standards for the regulation thereof. ;1r. Redpath seconded. All voted aye. !!otion carried. `.`I. RECOMMENDATIONS AND REPORTS A. 1970 Licensing. Te . anager submitted and recommended approval of 1970 business licenses for 3.2 Beer On and Off Sale, Cigarette and Tobacco, Dance Hall , Drive In Theater, and Commercial Dog Kennel . }.fir. Haugen moved that the recommended licenses for 3.2 Beer On Sale z be approved. Mr. Redpath seconded. All voted aye. Motion carried. Mr. Nesbitt moved that the recommended licenses for 3.2. Beer Off Sale be approved. Mr. Haugen seconded. Motion carried. i Mr. Redpath moved that the recommended licenses for Cigarette and Tobacco be approved. Mr. Haugen seconded. All voted aye. Motion carried. Mr. Lieb moved that the recommended Dance Nall license be approved. Mr. Nesbitt seconded. All voted aye. Motion carried i Council Minutes January 13 , 1971) Page 4 i Mr. Redpath moved that the recommended Drive In Theater license be approved. t1r. Haugen seconded. All voted aye. Motion carried. Mr. Lieb moved that the recommended commercial dog kennel license for Kingdale Kennels be issued subject to the dogs not being permitted within the outside runs before 9 a.m, on Saturday, Sunday and Holidays, and before 7 a.m. on all other days and after 7 P.M. on any day. Mr.Nesbitt seconded. All voted aye. Motion carried. B. Policy on Law Enforcement Personnel Being Employed by Licensed Business. The Manager recommended that e Council establish a policy whereby persons employed by the Village either directly or through contract in a law enforcement capacity be restricted from employment by businesses whose licenses law enforcement officers are required either to regulate or to review. He noted that there were no existing problems which suggested the adoption of the recommended policy, but that he felt that such a policy would avoid conflicts of interest or misunderstandings in the future. Mayor Osterholt said that he felt that sech a policy was in the best interests i of all concerned and urged that it be approved. Mr. Nesbitt moved that the Council approve and establish the policy recommended by the Village Manager. Mr. Lieb seconded. All voted aye. Motion carried. C. Food Establishment Licensin . Mayor Osterholt noted that Village Health�fic er, Dr. Bofenkamp, hairadvised the Council during the past year that a number of food establishment within the Village appeared to be unclean and asked that the Council take action to see they were properly regulated. The Mayor asked that the Council establish appropriate ordinances for this purpose. The Manager suggested that until such time as the Village could economically justify hiring or contracting for its own food license enforcement officers that it might adopt an ordinance requiring that the food operations be licensed and that the license be issued only to those establishments who had recently been inspected by and approved by the Minnesota Health Department. Mr. Lieb moved that the Manager be directed to prepare a food licensing ordinance of the type suggested. Mr. Redpath seconded. All voted aye. Motion carried. Mr. Redpath advised the Council that he was feeling ill and asked to be excused. He left the meeting at this point. x• ; D. Delegation of Ci arette Licensing to Manager. The Manager recommended that the approval and ssuance of Cigarette licenses be delegated to the Village Manager when the request for the license conformed to standards established by the Council through an ordinance. Mr. Haugen moved that the Manager be authorized to perpare an ordinance of the type recommended for consideration by -the Council . Mr. Lieb seconded. All voted aye. Motion carried. E. 1970 Em io ee Compensation Program. The Manager presented and recommended the 1970 salary schedule for age emp oyees. The schedule was accompanied by a memorandum dated January 13, 1970, setting forth the reasons for the recommended changes. The recommended increases ranged from 7.2% to 12.5% and were based upon increased job responsibility, prevailing wage patterns for comparable jobs, and recognition of increased productivity. The Manager reported that some of the recommended increases exceeded those tentatively presented at the time the 1970 budget was reviewed by the Council. He Council Minutes January 13, 1970 Page 5 indicated that the additional money would be offset by moving back hiring dates for some new employees. He advised that he would return to the Council during the year with addtional recommendations relative to employee compensation. Mr. Nesbitt moved the adoption of Resolution No. 325 establishing a schedule of maximum salaries and wages for 1970. Mr. Haugen seconded! On roll call, all veted aye. Motion carried. F. Division of Parcel 1620 Section 2. The Manager advised that the a y, property was ocated on the west s1de of Rowland Road at the North end of Bryant Lake. He noted that the Planning Commission had recommended i the approval of the division after considering the proposal at a public hearing at its meeting on January 6th. Mr. Lieb moved the adoption of Resolution No. 326 approving the division of parcel 1620, Section 2. Mr.. Nesbitt seconded. All voted aye. Motion carried. G. A ointmment to Treasurer. The Manager reported that he had appointed Mr. RortIApic to as�il lage 'Treasurer until such time as the authorized finance director had been employed, He recommended that Mr. Lapic continue to be paid the $60.00 per month fee he received while serving as elected Treasurer. Mr. Haugen moved that Mr. Lapic be paid a fee of $60.00 per month for his services as :Measurer. Mr. Lieb seconded. 0n roll call ,, all voted aye. Motion carried. VI I. FINANCES A. R Investment Report dated December 31 1969 and Januar 13 1970. These repots were presented y the village manager and reviewed y the Council. S B. Audit of Claims 7016 through 7063. Mr. Haugen moved that claims 7016 through be authorized for payment subject to deducting cash discounts an claims 7031 and claims 7060. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. i Meeting adjourned at 9:30 P.M. i i I Edna o mgren, Gloyk