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HomeMy WebLinkAboutCity Council - 07/13/1992• I • AGENDA SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, JULY 13, 1992 5:00 PM, CITY MANAGER'S OFFICE 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, amd City Attorney Roger Pauly PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER n. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS m. CLERK'S LICENSE LIST IV. RECOMMENDATION OF TWO MEMBERS TO SERVE ON THE NINE-MILE CREEK WATERSHED DISTRICT V. SET JOINT CITY COUNCILIHUMAN RIGHTS & SERVICES COMMISSION :MEETING FOR 6:00 PM. AUGUST 18. 1992 VI. UPDATE/ACTION REGARDING LAND BANKING PROGRAM VII. NEW BUSINESS Vill. ADJOURNMENT ~ .. ----- • • • TO: Mayor and Council FRm1: Pat Sol ie DATE: July 9, 1992 RE: Licenses The following organizations have applied for a license and would 1 ike to oroceed with thei r projects before the' next scheduled council meeting. Therefore we are requesting your approval at this time. CLASS A G:'lJ1BLING CITY OF EDEN PRAIRIE CLERK1S LICENSE APpLICATION LIST July 13, 1992 Hartinger Foundation (Welsh-Sierra) CLASS D GAMBLING • Eden Pra i rie Chamber of Commerce -Raffle (with wai ver of 30 day wa iting period) • (July 27, 1992 -Bent Creek Golf Course) PUBLIC DANCE Half Time Restaurant These licenses have been approved by· the depar.tment heads responsible for the licensed activity. Od~1 Pat Solie Licensing • .---- • • • TO: FROM: THROUGH: DATE: SUBJECT: MEMORANDUM Mayor and City Council Joyce D. Provo, Administrative Assistant~ Carl J. Jullie, city Manager July 1, 1992 Appointments to the Nine-Hile Creek watershed District Two terms are exp1r1ng 9/29/92 on the Nine-Mile Creek Watershed District. If the Council chooses to recommend Eden Prairie residents to fill these two positions for three-year terms, recommendations have to be sent to the Hennepin County Board of Commissioners on or before July 29, 1992. The two terms expiring are now held by Aileen Kulak, Bloomingt9n, and Helen McClelland, Edina. It is not known at this time if the incumbents will seek reappointment. Ed Schuck, an Eden Prairie resident, presently serves on this watershed district. The Nine-Mile Creek Watershed District consists of 2 Bloomington residents, 1 Edina resident, 1 Minnetonka resident, and 1 Eden Prairie resident. I called William D. Turkula, who indicated an interest in serving on the watershed in the past. Mr. Turkula is still very interested in being considered for appointment. He also serves on our Flying Cloud Airport Advisory Commission. If the Council desires to make recommendations to the Hennepin County Board, it is necessary to do so prior to July 29. On the Council agenda for July 7, under Report of the City Manaqer, there is an item to reschedule the July 21 meeting. Hopefully the rescheduled date will be before July 29. At the rescheduled Council meeting, the Council could interview candidates at 7:00 PM and recommend candidates during the Council meeting starting at 7:30 PM. At this time, the only interested citizen I have on file is Mr. Turkula. However, if you know of other residents who might be interested, please let me know • -- • • • WILLIAM F". MESSERLI ROSS E. KRAMER TOM TOGAS DAVID R. KRACUM MARK S. LARSON TIMOTHy .... BAUER ROBERT G. RENNER, JR. SANDRA L. NEREN RANDOLPH W. MORRIS CHRISTOPHER B. HUNT ..JAMES C. WICKA PAUL A. SORTLAND + ."JOSEPH B. NIERENBERG WILLIAM C. HICKS" DAVID D. BEAUDOIN T** WILLIAM M. HABICHT PAUL W. ANDERSON December 4, 1991 Ms. Joyce Provo City Manager's Office Eden Prairie City Offices 7600 Executive Drive Eden Prairie, MN 55344 Resubmtf--0r N~e-rt1,1e Cv'ed'( lVYU MESSERLI & KRAMER ATTORNEYS AT LAW 1500 NORTHLAND PLAZA BUILDING 3800 WEST 80TH STREET MINNEAPOLIS, MINNESOTA 55431-4409 (612) 893-6650 FACSIMILE (612) 893-6755 WRITER'S DIRECT DIAL NUMBER 893-6702 Re: Watershed Board Representation Dear Ms. Provo: WILLIAM D. TURKULA 1" ANN M. SETNES .JOHN F". APITZ ROLF' A. SPONHEIM CINDY L. DAVIS ANNE L . .JOHNSON LEANNE G. LlTF"IN PETER O. MAGNUSON F"LORENCE HUMPHREY BATCHELOR MICHAEL L. WEAVER + ALSO ADMITTED IN NORTH DAKOTA '* ALSO ADMITTED IN SOUTH DAKOTA ** ALSO ADMITTED IN WISCONSIN .. ALSO ADMITTED IN MONTANA If you recall, 1 spoke to you on December 3, 1991 regarding the potential for seeking a City Council endorsement for a recently vacated seat on the Nine Mile Cree~_~a~ershe4 District. At that time you told me that Mr. Ed Schuck had aIready been endorsed by the CounciL I also learned at that time that my application on this date was too late for the City to submit as required 60 days before the expiration of the board member's term. Nevertheless, I am sending you copies of the material I mailed to council member Richard Anderson which includes my previous letter to him, as well as my application to the County Board of Commissioners. I do not intend to send a letter to the County Board because I believe Mr. Schuck is an e~~ellent repregentative of the City ~..nd, "'lith the Council's endorsement, l would only be wasting my time and the Board's were I to make a competitive application.L On the other hand, I am very interested in serving on either the Lower Minnesota Watershed District Board, the Lake Riley Board, or in any upcoming vacancies for Nine Mile Creek"::: IWT c:' ,(J, I,)!"(· UiiJJr,V ,nn . .l, '5 I) . My interest in serving on the Watershed Board stems from my desire to participate in the representation of my community where I believe I have some special expertise. I have been active in the community as a coach, commissioner, and board member for the Eden Prairie Soccer Association and I have also served as a hockey coach for two seasons. Although those activities are important, I feel I can make a greater contribution to the community as a whole, particularly as Watershed Districts have a potential to affect development and vice versa. Although my wife and I have only lived in Eden Prairie for the past three years, we have had family residing in the city for more than 15 years. When we had the opportunity to move to the Twin Cities, it was pretty much the only Ms. Joyce Provo December 4, 1991 Page 2 place we wanted to live. We feel very fortunate to have found a home close to family and friends, and in a community where personal involvement means something. I would appreciate it very much if you would keep this letter and other materials on file for any upcoming Watershed District vacancy which may occur. Please note I am also willing to serve in other capacities which can utilize my experience and skills in any areas which deal with land and water use and environmental concerns. I appreciate the time you took to speak with me and I am hopeful that the Council will favorably consider my application for such appointments in the future. sin24 ~i<--_- William D. Turkula WDT:ph/5912 Enclosure • • • • Kay Mitchell, Clerk Hennepin County Board 2400 Government Center Minneapolis, MN 55487 William D. Turkula 7290 Topview Road Eden Prairie, MN 55346 Office: 893·6650 Home: 943·1873 December 3, 1991 Re: Nine Mile Creek \Vatershed District Board Vacancy Members of the Board: This letter is submitted in application for the vacancy on the Nine Mile Creek Watershed Board. • My family and I have resided in Eden Prairie for the past three years after moving to the Twin Cities from Ada, Minnesota in Norman County. I have extensive familiarity and experience with watershed districts, the mechanics of how they operate, their legal responsibilities, and the impact of their actions on landovmers. • A brief resume follows: Education: Experience: 1973 B.A. 1981 J.D. 1991 LL.M. 1973·78 1987·88 1987·89 University of North Dakota School of Law, University of North Dakota (Master of Laws), Environmental Law, TJAGSA, University of Virginia News reporter covering the Souris Red Rainy Watershed District programs and Lake Agassiz water conservation units of the Red River in Fargo, North Dakota and Moorhead, :Minnesota. Assistant counsel, Wild Rice Watershed District General counsel, Northwest Central Multi· County Water Planning Coalition (Norman, Kittson, Becker, Beltrami and Polk counties). From 1981 through 1987 I was an active duty Army officer serving as both command legal advisor and a trial attorney. Since leaving active duty in 1987, I have been in the private practice of law and currently practice with the firm of ~1esserli & Kramer in Bloomington. Kay Mitchell Page 2 December 3, 1991 I have an excellent knowledge of government administrative procedure and recently completed an advance legal degree specializing in environmental law. I am also very familiar with the everyday practical aspects of maintaining drainage areas and regulation of runoff. As a Ducks Unlimited sponsor, I am personally very concerned and interested in watershed management, particularly as it affects the area in which I live. Sincerely, William D. Turkula WDT:ph/5023 *Professional and personal referenced furnished upon request. • • • • • • wtL..L..IA"'4 ~. ","",CSSCRa..1 PtOSS ~.KIIIII"'''''''C~ TO" TOO ... S DAVID A. KRACUhII ..... RI< S . ..,.RSON TIMOTHY .J. SAueR •• Rceccc ... H. "RCOCRICI< RoeCRT O. RCNNeR. oJR. SANORA L.NCR!: .... AANDOa.._", w. ""'ORRIS CHRISTOP ... CR 8. HUNT ........ r;s C.WICK'" PAUL. A. SORT'-ANO • oIOSCP" e. NICRCNeCRO WILl-lAM C. HICKS •• DAVID D. tU:.AUCOIN ••• November 5, 1991 MESSERLI & KRAMER ATTORNCYS AT L.AW 1500 NOR":"Hl.ANO F>l.AZA BUIl.DING 3800 WCST 80TH STRCET MINNEAP01.IS, MINNESOTA 55431-4409 (612) 893-6650 F"ACSIMIl.C (612) 893-6755 (612) 893-6702 Council Member Richard Anderson Eden Prairie City Council 7600 Executive Drive Eden Prairie, MN 55344 .. Re: Nine-!vIile Creek '\Vatershed Board Dear Mr. Anderson: WIL.LIA"" M ..... ABIC .... T PAUl.. W. ANDeRSON WILLIA""" C. TURI'tlJ&....A " AN"" M. SCTNCS ..JO .... N ,.. "'_.,..: AOL.r A.. S PON ,"'U:U", CINOY L. DAV'S ........... C L • ..JOHNSON LC .... NNe G. LIT"'.N , .~c .. OM'"EO ."" "0."''' O .... OTa. • ...... 0 ... o .. rT"'£O U •• O","M O .... CTA • " A.ao AO_lnco ... wiSeD ..... . • "'1...0 .. CUuTTt:O ,lit .. 0"' ....... . • ..... 0 .. g __ ,T'TEe .Il10 ......... 0 •• I recently applied for membership on the ~ine-Mile Creek \Vatershed District Board along with another gentleman from Eden Prairie whose name I believe is Schenk or Schuck. I do not know if I recall his name correctly, but for the purposes of this letter I will refer to him as !\1r. Schenk. Tim Bauer, who is a partner in this law flI1l1 and also a member of the Eden Prairie Planning Commission, recently gave me a copy of Council minutes from September 3, 1991. The minutes show you urged the Council to send a letter of protest to the Hennepin County Board because no candidate for the Watershed District was selected from Eden Prairie even though qualified candidates applied. At the time I applied to the Board, it did not occur to me I needed City Council endorsement to be considered. I thought my credentials spoke for themselves and that the County Board would accept my argument that Eden Prairie deserved representation. After hearing the oral presentations at the County Board, I believed that both Mr. Schenk and I were well-qualified to serve and had the experience to make meaningful contributions to the board. The selection process, howe\"er, was fundamentally flawed. When we appeared to present our personal statements to the County Board, it was quite ob\ious a decision had already been made. ~one of the County Board members asked any Council Member Richard Anderson November 5, 1991 Page 2 questions and few, if any, of them looked at the candidates during the presentations. Immediately after the last person spoke, the role was called and each commissioner, looking at what appeared to be a paper, read off the name "Tollefson" in turn. The only exception was Commissioner Randy Johnson, who alone voted for Mr. Schenk. Follov:ing the last vote by the members present, one commissioner who had not even been in the room during the presentations returned to his seat and asked what his voted was on the Watershed District appointment. He looked at something on his desk and answered immediately, "Tollefson." Obviously the decision on who to appoint was a "done deal" before any of us had a chance to make our presentatiolls to the board. I know that each of us took time out of a busy work day to appear before the Board and express our sincere interest in serving on the 'Watershed District BOal·d. Frankly, I was insulted by the way the process was handled. I previously served on a Watershed District Board in 1987 and 1988 and have been involved with water use and control planning since 1975. I also hold a Master of Laws Degree with a thesis in environmental law. :Mr. Schenk's credentials, although I do not recall them specifically, seemed to me to be equally significant. Unfortunately, although Eden Prairie presented two qualified candidates for the position, it appears neither of us had any real chance of being appointed. Sadly, when we left the County Commissioners' Hearing Room, an elderly gentleman \ ... ·ho had applled for the position made the comment that it seemed to him that this had all been decided ahead of time. Apparently he was as naive as the rest of us. What the County Board of Commissioners v.'ill do about Eden Prairie's protest remains to be seen. I do plan, however, to apply again for a seat which opens up next year, and I will at that time seek City Council endorsement. I own a ho'me near the west side of Bryant Lake, and I am very concerned about the efforts to restore the lake and the effect development will have on the lake and the entire watershed. Because of the critical waters and run-off areas located in the large Eden Prairie portion of the Watershed District, our city is disenfranchised from the • " • • • • • Council Member Richard Anderson November 5, 1991 Page 3 review process if we are not permitted at least one seat on the Board. I somehow feel that the County Board, at least politically, looks at Eden Prairie as a somewhat less important suburb than perhaps Minnetonka, Edina, or Bloomington. I was gratified to see that you had taken the time to bring this matter to the City Council's attention. Whether or not I am selected, I believe that it is important to the community as a whole and for the future of development and water conservation in Eden Prairie that a qualified resident be appointed to the District Board. I would be happy to discuss these issues 'with you at any time. For your convenience, my home telephone number is 943-1873, or you can reach me at the telephone number sho\\"l1 at the top of this stationery. Sincerely. '\'7])T:jcl:3845 ".' .... " ( • ( • L •