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City Council - 01/03/1995 ME UTFS EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 3, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCI>1 f2VIBERS: Mayor Jean Harris, Ronald Case, H. Martin Jessen,Patricia Pidcock,and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly,and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:35 p.m. All members were present. SWEARING IN CEREMONIES FOR MAYOR JEAN HARRIS, COUNCH:VMMBER RONALD CASE, AND COUNCI MEMBER NANCY TYRA-LUKENS City Attorney Roger Pauly administered the oath of office to Mayor Jean Harris, Councilmember Ronald Case, and Councilmember Nancy Tyra-Lukens. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XII. A. 1. Process to Fill Upcoming Vacancy on Council. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM M.MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 20, 1994 Tyra-Lukens said the last sentence of Item V. A. on Page 3 should be changed to read "because the sight line profile was deemed satisfactory." Councilmembers agreed that the motion in Item XI. E. 2. should be changed to the following: City Council Minutes - 2 - January 3, 1995 MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 94-212 Awarding the contract for I.C. 95-5375, with the condition that the percent of purchases made from Midwest Asphalt be contingent upon submittal, approval and compliance with the plan that is being developed. MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the December 20, 1994 Council meeting as submitted and amended. Motion carried with Case abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET THURSDAY FEBRUARY 16 1995 6:00 PM CITY COUNCIL CHAMBER, TO INTERVIEW CANDIDATES FOR BOARDS, COMMISSIONS, AND COMMITTEES C. RESOLUTION NO. 95-01 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES D. RESOLUTION NO. 95-02 DESIGNATING THE OFFICIAL CITY NEWSPAPER E. RESOLUTION NO. 95-03 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. RESOLUTION NO. 95-04 DESIGNATING DEPOSITORIES G. RESOLUTION NO. 95-05 AUTHORIZING USE OF FACSDAME SIGNATURES BY PUBLIC OFFICIALS H. RESOLUTION NO.95-06 AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS I. RESOLUTION NO. 95-07 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL J. RESOLUTION NO. 95-08 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE K. RESOLUTION NO. 95-09 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Pidcock moved, seconded by Case, to approve items A-K on the Consent Calendar. Motion carried unanimously. City Council Minutes - 3 - January 3, 1995 V. PUBLIC HEARINGS/MEETINGS VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Jessen, Pidcock, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VHI. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COAD41SSIONS & COMMTTTTES X. APPOINTMENTS A. RESOLUTION NO. 95-10 DESIGNATING THE OFFICIAL MEETING DATES, TIl%1E AND PLACE FOR THE CITY OF EDEN PRARUE COUNCIL IN 1995 AND APPOINTING AN ACTING MAYOR Jullie noted that the workshop scheduled for next Tuesday, January 10, 1995 will begin at 7:00 p.m., not 7:30 p.m. Councilmembers expressed concern that the term "Acting Mayor" may not accurately describe the position and may be misleading. The legal department will check into alternatives. MOTION: Tyra-Lukens moved, seconded by Jessen, to nominate Councilmember Pidcock to be Acting Mayor. Motion carried unanimously. MOTION: Jessen moved, seconded by Case, to adopt Resolution No. 95-10 designating the official meeting dates, time and place for the City of Eden Prairie Council in 1995 and to appoint Councilmember Pidcock to be the Acting Mayor in the absence of the Mayor. Motion carried unanimously. B. RESOLUTION NO. 95-11 DESIGNATING THE DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 1995 MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 95-11 appointing Mayor Harris to be Director and City Manager Jullie to be Alternate Director of the Suburban Rate Authority for 1995. Motion carried unanimously. XI. REPORTS OF OFFICERS City Council Minutes - 4 - January 3, 1995 A. REPORTS OF COUNCILMEMBERS 1. Process to Fill Upcoming Vacancy on Council Case said he would like to make sure that this item is put on a future agenda so that the Council can address the issue and develop the process. Jessen affirmed that his resignation is effective February 1, 1995. Councilmembers expressed concern about the requirements regarding the timing of filling the vacancy. Pauly said there is nothing in the statutes that states how rapidly it must be filled; however, it must be done within a reasonable time. He said he will provide copies of the requirements for the process to Councilmembers. The consensus was to put this item on the next Council agenda for discussion and deliberation. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Acquisition of Peter George Property - Riley Creek Woods Lambert said the price for the Peter George property exceeds both the appraisal price and our budget for the purchase; however, he said the Parks, Recreation & Natural Resources Commission and Staff have recommended that we purchase the property at a price not to exceed $600,000. Councilmembers were concerned about taking funds out of cash park fees .to purchase the property, about whether the referendum was for the purchase of a certain of number of acres or for a specific dollar amount to be spent, and if this purchase will compromise our ability to acquire park land in the southwest portion of the City. Lambert said we have sufficient funds to purchase land for the one additional park that is needed in southwestern Eden Prairie; however, the purchase of this property will affect the timing for development of parks in the southwest area as well as the timing of any second phase development of Miller Park and the renovation of existing parks. He noted that this property is critical to how we preserve Riley Creek Woods because anything less than 40 acres is not preserving a 'Big Woods" packet. The consensus of the Council was that it is more important to acquire the land while it is still available even though the price of this parcel is higher than expected. City Council Minutes - 5 - January 3, 1995 MOTION: Pidcock moved, seconded by Case, to authorize a purchase agreement with Peter George to acquire the northern twenty acres of the Riley Creek Woods at a price not to exceed $600,000. Motion carried unanimously. 2. Phillip Hill Property Lambert noted that this property has been in condemnation proceedings. Pauly said the Council has been advised of the terms of the arbitration, and any discussion of the arbitration judgment would have to be done in a closed session of the Council. MOTION: Pidcock moved, seconded by Tyra-Lukens, to accept the advice of counsel and not appeal the arbitration judgment. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNNIFM MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris closed the meeting at 8:10 p.m.