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City Council - 01/08/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, January 8, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. SWEARING-IN CEREMONIES FOR MAYOR DOUGLAS TENPAS AND COUNCILMEMBERS RICHARD ANDERSON AND JEAN HARRIS City Attorney Roger Pauly administered the oath of office to Mayor Douglas • Tenpas and Councilmembers Richard Anderson and Jean Harris. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Harris moved, seconded by Pidcock, to approve the agenda. Pidcock requested the addition of Item No. X.A.2, Golf Courses. Motion to approve the agenda as amended carried 4-0. II. MINUTES A. City Council Meeting held Tuesday, December 18, 1990 MOTION Pidcock moved, seconded by Anderson, to approve minutes of December 18, 1990. Motion approved 4-0. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 1-91, Relating to the Licensing of Collectors of Solid Waste and Adoption of Resolution No. 91-11 • Approving the Summary of Ordinance No. 1-91 and Ordering the Publication of Said Summary City Council Minutes 2 January 8, 1991 • C. Resolution No. 91-01, Designating the Official City Newspaper D. Resolution No. 91-02, Authorizing City Officials to Transact Banking Business E. Resolution No. 91-03, Authorizing Use of Facsimile Signatures by Public Officials F. Resolution No. 91-04, Designating Depositories G. Resolution No. 91-05, Authorizing the Treasurer to Invest City of Eden Prairie Funds H. Resolution No. 91-08, Regulating Fees and Charges for Business License Permits and Municipal Services I. Set Date for 1991 Local Board of Review for Thursday,- April 18, 1991 at 7:00 PM J. Approve Change Order No. 2 for Summit, Meadowvale, Red Oak Utility and Street Improvements, LC. 52-166 K. Receive Feasibility Report and Set Public Hearing for Cedar Ridge • Road and Corral Lane Improvements, I.C. 52-212 (Resolution No. 91- 09 L. Resolution Nos. 91-13 and 91-14 Recognizing Gary Peterson and George Bentley for their Service on the Southwest Metro Transit Commission M. Resolution No. 91-15 Proclaiming February 1991 as "Eden Prairie Loves its Kids" Month N. Authorize Use of I-494 Corridor Commission Funds O. Approve Stipulation for Dismissal in the Case of Resolution Trust Corporation vs. Bermel Investment Company et al P. Resolution No. 91-16 Relating to Procedures for Appointing A Person to Fill the Vacant Council Position Formerly Held by Douglas Tenpas MOTION Anderson moved, seconded by Harris, to approve the Consent Calendar. Anderson and Pidcock requested clarification of Item C regarding designation of the official city newspaper. Pauly said that the statutes relating to the appointment of an official city newspaper were such that when more than one newspaper was qualified to be . the official newspaper, preference must given to the newspaper that City Council Minutes 3 January 8, 1991 • had an office of issue within the City. Because Eden Prairie News was the only newspaper with an office within the City, there was no discretion in the selection of an official newspaper. Tenpas requested clarification on Item H, Resolution No. 91-08. Section 3.13 regarding tax-exempt finance charges. Tenpas asked if there could be a modification on the wording in this section because there had been cases in the City where there was refinancing and then a partial ownership change took place. He said that refinancing sometimes meant a change in both the term and the interest rate. He believed the language should be less specific and not limit authorizing changes in interest rates only. Anderson amended the motion to approve the Consent Calendar to exclude Section 3.13 from Resolution 91-08. Pidcock suggested that the fee for licensing bicycles should be less than $6.00 for children. Jullie said that the fee was to license a bicycle and did not take into account the age of the owner. Tenpas and Harris said they were comfortable with the $6.00 fee for all bicycles. Pauly called Council's attention to Item B regarding Ordinance No. 1- • 91. He said that the revision now required that licensed haulers of waste provide containers for recycling. The previous version had required the haulers only to make containers available. Consent calendar approved as amended 4-0. IV. PUBLIC HEARINGS V. PAYMENT OF CLAIMS Roll Call vote: Pidcock, Harris, Anderson, and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Lariat Companies, Inc. to Appeal Board of Appeals & Adjustments Denial of Variance Request Number 90-37 and Set Hearing Date for Tuesday, January 22, 1991 Jullie said this was a request from the Lariat Companies for a three- foot front yard set-back variance in order to construct a three- season porch on a duplex. The Board of Appeals and Adjustments had denied the variance request and the Council needed to set a date to hear the appeal of the Board's decision. January 22, 1991 was recommended. City Council Minutes 4 January 8, 1991 • MOTION Pidcock moved, seconded by Harris, to set the hearing date for Tuesday, January 22. Motion approved 4-0. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. SOUTH HENNEPIN HUMAN SERVICES COUNCIL - Appointment of Two Consumer Representatives for 2-year Terms Commencing February 2, 1991 Jullie said that two appointments were needed to the South Hennepin Human Services Council. He said that major changes were being considered for the structure of this Council, and it was recommended that the City have continuity in its involvement with this body. MOTION Harris moved, seconded by Pidcock that Pat Nash and Bette Anderson be reappointed to serve as the City's representatives to the South Hennepin Human Services Council. Motion passed 4-0. • B. Resolution No. 91-06 Designating the Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 1991 and Appointing an Acting Mayor Jullie said this maintained the meeting time and location for the regular Council meetings and the appointment of acting mayor. MOTION Harris moved, seconded by Pidcock, that Anderson be appointed acting mayor, and that Resolution No. 91-86 designating the official meeting dates, time and place for 1991 be approved. Motion approved 4-0. C. Resolution No. 91-07, Designating a Director and Alternate Director of the Suburban Rate Authority for 1991 Jullie said that in past years Finance Director John Frane had been designated as a Director of the Suburban Rate Authority and Councilmember Anderson had served as the alternate. MOTION Pidcock moved adoption of Resolution 91-07 appointing Frane and Anderson to the Suburban Rate Authority for 1991. Seconded by Harris. Motion approved 4-0. City Council Minutes 5 January 8, 1991 • D. Association of Metropolitan Municipalities - Appointment of 1 Representative and 4 Alternates Jullie said that historically the mayor had been appointed as the City's representative to the Association of Metropolitan Municipalities and Councilmembers had served as the alternates. MOTION Anderson moved that Mayor Tenpas be appointed representative to the Association of Metropolitan Municipalities, with Councilmembers serving as alternates. Seconded by Harris. Motion approved 4-0. E. Appointment of City Attorney for 1991 Jullie said staff recommended Roger Pauly and his firm, Lang, Pauly and Gregerson, as the City Attorney for 1991. MOTION Pidcock moved, seconded by Anderson, that Lang, Pauly and Gregerson be appointed as the City Attorney for 1991. Motion approved 4-0. • F. Appointment of Councilmember to the I-494 Corridor Commission Jullie said this was a joint powers organization of which the City was a member. The mayor had served on the commission in the past. MOTION Pidcock moved that Tenpas be appointed to the I-494 Corridor Commission. Seconded by Harris. Motion approved 4-0. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Nomination of Council Candidates The following nominees were submitted by the Council Members: Anderson: Bob Hallett, Christine Dodge Harris: Joan Meyers, Marty Jessen Pidcock: Ann Hodgson, Joan Meyers Tenpas: Mark Thompson, Marty Jessen City Council Minutes 6 January 8, 1991 i Tenpas thanked all those who had submitted their applications for consideration and encouraged those who were not selected to consider serving the City in other capacities. Pidcock, Anderson and Harris said that it was very difficult to choose two persons because of the number of excellent candidates. They also encouraged those persons to consider serving the City on boards and commissions. Discussion was then held on the best date to select the fifth Councilmember. MOTION Anderson moved that a special meeting of the Council be held on Wednesday, January 16, 8:30 PM in the City Council Chambers for the purpose of selecting the fifth councilmember. Seconded by Harris. Motion approved 4-0. 2. Golf Courses Pidcock turned over information to Lambert on golf courses in the Houston, Texas, area for his study and evaluation. B. Report of City Manager 1. Set Tuesday, February 12, 1991, 6:00 PM, as Date to Interview Candidates for Boards and Commissions MOTION Harris moved, seconded by Pidcock, to set Tuesday, February 12, 1991, 6:00 PM as the date to interview candidates for boards and commissions. Motion approved 4-0. C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks, Recreation and Natural Resources F. Re ort of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS City Council Minutes 7 January 8, 1991 • XII. ADJOURNMENT MOTION Harris motioned to adjourn at 8:15 p.m. Seconded by Pidcock. Motion approved 4-0. • •