HomeMy WebLinkAboutCity Council - 01/06/1987 I
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY , JANUARY 6 . 1987 7 : 30 PM, SCHOOL ADMINISTRATION BUILDING
BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris and Patricia
Pidcock
CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant
the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane , Planning Director Chris
Enger, Director of Community Services
Robert Lambert , Director of Public
Works Eugene A . Dietz and Recording
Secretary Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present .
SWEARING IN CEREMONIES FOR MAYOR GARY PETERSON AND COUNCILMEMBERS
DICK ANDERSON AND JEAN HARRIS
City Attorney Pauly administered the oath of office to Mayor Gary
Peterson and to Councilmembers Jean Harris and Richard Anderson. }
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda:. XI . A . Cross
Country Ski Trail ; XI. B . Resolution No 87-08 .
MOTION: Bentley moved, seconded by Pidcock to approve the
Agenda and Other Items of Business as amended and published .
Motion carried unanimously .
I I . MINUTES OF CITY COUNCIL MEETING HELD DECEMBER 2 , 1986
The following changes were made to the Minutes: page 2 , para-
graph 9, sentence i -- change "upgrade" to "enlarge" i and
page 3 , paragraph 1 , sentence 2 -- change "rick" to "brick" .
MOTION: Bentley moved , seconded by Pidcock, to approve the
Minutes of the regular City Council meeting held December 2 ,
1986 , as amended and published . Motion carried unanimously.
III . CONSENT CALENDAR
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City Council Minutes -2- January 6, 1987
A . Clerk ' s License List
B . Set Special Meeting with Park Bond Referendum Committee
and Parks , Recreation & Natural Resources Commission for
January 15 , 1987, 7 :30 PM, at the School Administration
Boardroom -� _---
C . Appointment of Fox , McCue & Murphy to serve as auditors
for the City of Eden Prairie for 19
D . Resolution No 87-01 , designating the Official City News-
paper
E . Resolution No . 87-02 , authorizing City Officials to
transact banking business
F. Resolution No . 87-03 , authorizing use of facsimile signa-
tures by Public Officials
G. Resolution No . 87-04, designating depositories
H . Resolution No . 8Z-05 , authorizing the treasurer to invest
City of Eder. Prairie funds
MOTION: Bentley moved, seconded by Anderson, to approve
Items A - H of the Consent Calendar. Motion carried unani-
mously.
IV . PUBLIC HEARINGS
There were no hearings .
V . PAYMENT OF CLAIMS NOS . 31811 - 31932 and 31942 - 32218
Regarding Item No . 32001 to the City of Bloomington, Harris
asked if this is a fee for impounding cars. City Manager Jullie
said this is payment of impound service for animals .
Pidcock asked what Item 32043 to Electric Service Co . for
$12 ,668 was for. Jullie said this was payment for new sirens
installed .
Pidcock asked what Item 32063 to Greater Mpls. Area for $50.00
was . Jullie said this is a fee for subscription to their
publication. ti
Pidcock asked what Item 32083 to IBM for service was . Jullie
said this was service on either typewriters or the copier.
Regarding Item 31932 to Edina High School for a refund of ice
time, Anderson asked if they rent ice from us now. Director
City Council Minutes -3- January 6 , 1987
of Community Services Lambert said this was for one game that
the Edina team played for which they were unable to reserve
time on their own ice .
MOTION: Bentley moved , seconded by Pidcock , to approve the
Payment of Claims Nos . 31811 - 31932 ; 31942 - 32218 . Roll
call vote : Anderson, Bentley, Harris, Pidcock and. Peterson
voted "aye . ', Motion carried unanimously.
V I . ORDINANCES & RESOLUTIONS
There were none .
V I I . PETITIONS , REQUESTS & COMMUNICATIONS
A. Request from Quail Ridge to sell Housing_ Revenue Bonds
City Manager Jullie said that this issue hasn't been
finalized and that they are continuing negotiations with
the insurance company involved . He said the item should
be continued .
MOTION: Bentley moved , seconded by Pidcock, to refer this
request back to Staff and to direct Staff to bring the
request back on the Agenda when it is appropriate . Motion
carried unanimously.
VIII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
IX . APPOINTMENTS
A . Appointment of Councilmember to serve an unexpired term
to January 31 , 1988 on the South Hennepin Human Services
Council; and 4p
pointments of two consumer representatives
to serve two year terms to 1/31/89
Mayor Peterson noted that we are required to appoint a
Councilmember to serve the unexpired term on the South
Hennepin Human Services Council held by former Council-
member Redpath . A discussion of the duties and obliga-
tions of the position followed .
MOTION: Bentley moved, seconded by Pidcock, to appoint
Councilmember Harris to serve the unexpired term to
January 31 , 1988 on the South Hennepin Human Services
Council and to appoint Nelma Mavison and Pat Nash to serve
two year terms to January 31 , 1989 as consumer representa-
tives to the South Hennepin Human Services Council . Motion
carried unanimously.
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City Council Minutes -4 January 6 , 1987
P . Resolution No . 87-07, appointing Director and Alternate
Director to the Suburban Rate Authority for 1987
MOTION: Pidcock moved , seconded by Harris, to adopt
Resolution No . 87-07, appointing John Frane as the Direc-
tor and Richard Anderson as the Alternate Director to the
Suburban Rate Authority . Motion carried unanimously .
C . Resolution No . 87-06 , designating the official meeting
dates, time and place for the City of Eden Prairie
Council Members in 1987 and appointing an Acting Mayor
MOTION: Pidcock moved , seconded by Harris, to adopt
Resolutior No . 87-06 , designating the official meeting
dates, time and place for the City of Eden Prairie Council
in 1987. and appointing George . Bentley as Acting Mayor .
Motion carried unanimously.
D. Association of Metropolitan Municipalities - Appointment
of 1 Representative and 4 Alternates
MOTION: Bentley moved, seconded by Pidcock, to appoint
Mayor Peterson as the City' s Representative to the Associa-
tion of Metropolitan Municipalities with Councilmembers
Anderson, Bentley, Harris and Pidcock as alternates . Motion
carried unanimously.
Pidcock asked when the first meeting of the A .M .M . would
be . City Manager Jullie said he was not sure but would
report back on it .
E. Health Officer - Appointment of 1 Health Officer for the
year 1987 . Appointment by Mayor with consent of Council .
As a point of information, Mayor Peterson commented that
the Community Health Services Act names the Hennepin County
Board of Commissioners as the Health Board so it is no
'Longer necessary for the City of Eden Prairie to appoint
its own Health Officer. The present Health Officer appointed
by the County Board is Dr. Richard Raile .
F. WAFTA Board (Western Area Fire Training Association) -
Appointment of 1 Representative to serve a 1-year term
commencing 1/1/87
MOTION: Anderson moved, seconded by Harris , to appoint
George Bentley as the Representative to the WAFTA Board .
Motion carried unanimously .
G. Appointment of City Attorney for 1987
MOTION: Pidcock moved, seconded by Harris, to appoint
the firm of Lang, Pauly & Gregerson, Ltd . as City Attorney
for 1987 . Motion carried unanimously.
City Council Minutes -5- January b , 1987
X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A . Reports of Council Members
Councilmember Bentley expressed concern about the thin ice j
he observed at the Preserve pond skating rink and said he
thought it should be posted to warn people of the ice con-
ditions . He also noted there may be other similar ponds
in the City with thin ice conditions .
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Bentley also asked when the street lights just west of
the bridge over Anderson hakes Parkway will be operational ..
Director of Public Works Dietz said he was not aware that
the lights were not working and would check on it .
Bentley then noted his amusement at the unusual sign
posted outside Preserve Park regarding dog droppings .
Director of Community Services Lairbert said it is the
international sign used for such warnings .
Councilmember Anderson noted his approval of the use of
logs to block some of the roads in certain parts of the
City in order to limit access . A discussion followed as
to where such road blocks existed and for what purpose .
B . Report of City Manager
1 . Report on appointments to the Committee on Bicentennial
of the U . S . Constitution
City Manager Jullie said Staff recommends that appoint-
ments to this Committee be made part of the Council' s
regular appointment process tw C^ma^:icsi^ns, h'c Knd
Committees in February .
MOTION: Bentley moved , seconded by Anderson, to accept
the recommendation of Staff to appoint members to the
Committee on Bicentennial of the U. S. Constitution as
part of the Council 's regular appointment process in
February. Motion carried unanimously.
C . Report of City Attorney
City Attorney Pauly expressed his thanks for his reappoint-
ment as City Attorney.
He also noted that Mr. Dorenkemper has again sued the City.
He reviewed the details of the lawsuit and the history of
previous lawsuits involving Mr. Dorenkemper.Mayor Peterson noted his pleasure at Mr. Pauly's firm estab-
lishing an office in Eden Prairie .
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XI . NEW BUSINESS
1 . Cross Country Ski Trail
Director of Community Services Lambert reviewed his dis-
cussion with Chuck Pappas of the Flagship Athletic Club
regarding establishing a cross country ski trail around
the Purgatory Creek recreation area.
He noted that this is only in the discussion phase and
that there are several obstacles to overcome before such
a trail could be built , such as obtaining the approval
of the 12 property owners involved , -he two creek crossings
that would be required , the clearing of vegetation on one
side of the creek, and parking facilities to be provided .
Lambert said he would like the Council to authorize Staff
to proceed with this and to accept the responsibility for
liability and maintenance of the trail if it is built . He
noted that property owners have not yet been contacted .
Anderson noted he thought this was a super idea. He asked
if the trail would hook up with the Staring Lake trail .
Lambert replied that this wouldn't be possible at this time
but such a connection would be provided in the future .
Bentley said he also thought it was a good idea and asked
if the configuration is designed to follow the ultimate
pathway proposed in the park plan. Lambert said it is .
Bentley then asked if there was a cost estimate for putting
it in. Lambert said the current deal with Mr . Pappas is
for the Flagship to pay for the costs of putting in the
trail and then the City will maintain it . ,
Peterson asked how the trail crosses the creek at Anderson
Lakes Parkway . Lambert replied that there is a culvert
with dirt over it just north of the roadway that will be
used for the trail .
Harris asked Lambert if he foresaw any resistance to the
proposal on the part of the property owners . Lambert said
he could see four problem areas -- the Carmody' s because
they are not in town, a property under sale, one that has
gone bankrupt and the Hyde property.
Peterson asked City Attorney Pauly if the City could effec-
tively hold harmless the property owners by stating that
the City assumes responsibility for the trail . Pauly said
we could but that we should make sure to have the proper
insurance coverage . Partly also said the fact that the City
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City Council Minutes -7- January 6, 1987
would agree to indemnify a property owner for any liability
would not preclude a third party from suing the property
owner.
Pidcock asked what the insurance costs would be for the
trail . Lambert said he thought we would have to make
sure we notify them that we are adding this ski trail
and that their major concerns would be how it is main-
tained and that there are no steep hills or sharp turns .
He said this terrain is very flat so there shouldn 't be
a problem,but the insurance company would probably want
to look at it .
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MOTION: Anderson moved, seconded by Pidcock , to permit
Staff to continue to study the details and explore the
feasibility of a cross country ski trail in the Purgatory
Creek recreation area. k
Anderson asked if it would be possible to cross the creek
further to the north of the proposed crossing. Lambert
said that would require putting in a bridge and would
probably cost $30 ,000-$40 , 000 .
F Pidcock noted that she would like to see all the costs
that will be involved in this project when it is brought
back to the Council .
VOTE ON THE MOTION: Motion carried unanimously .
2 . Resolution No . 87-08
Mayor Peterson reviewed the resolution proposed by Ms Dottie
Ewert on behalf of the local Toughlove group and the Eden
Prairie Parents Support Group to proclaim the month of a
February as "Eden Prairie Loves Its Kids" month .
MOTION: Bentley moved , seconded by Harris, to adopt Reso-
lution No . 87-08, proclaiming February, 1987, as "Eden
Prairie Loves Its Kids" month . Motion carried unanimously.
Harris asked why the Council Agenda does not include the
estimated times for the beginning of each item, particularly
for Public Hearings . Peterson replied that this had been
discussed but that he was reluctant to stop testimony at
Public Hearings, and further, that he believed it was im-
possible to know that an item is going to take a certain
amount of time .
Harris asked Planning Director Enger to describe the experi-
ence of the Planning Commission with such a timed format .
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City Council Minutes -8- January 6 , 1987
Enger said this resulted from some suggestions last year
and was initiated along with sign-up cards for those
wishing to speak at the Public Hearings . He said the
times are estimates and they have had no complaints on the
estimated times being inaccurate but have had numerous
complaints that all Public Hearings are published as
7;30 PM . He also said the Planning Commission meetings
move much more quickly with the estimated time format .
Anderson suggested that this be put on the Agenda for a
future meeting so that Staff can present some recommenda-
tions on organization of the Council meetings and the
Council can then discuss the recommendations and take
appropriate action.
XI I . ADJOURNMENT
MOTION: Bentley moved, seconded by Anderson, to adjourn the
meeting at 8:25 PM. Motion carried unanimously.
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