City Council - 01/06/1976 w
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 6 , 1976 7:30 PM, CITY HALL
COUNCIL MEMBERS: Acting Mayor Joan Meyers
William Bye
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
Chief Building Inspector Wayne Sanders
Sargeant Keith Wall
City Engineer Carl Jullie
Recording Secretary Joyce Provo
Director of Community Services Marty Jessen
INVOCATION - City Attorney Harlan Perbix
PLEDGE OF ALLEGIANCE
ROLL CALL - Meyers , Bye, Pauly and Penzel present.
I. OFFICIAL DESIGNATIONS
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Acting Mayor Meyers called the meeting to order at 7:30 PM.
A. Appointment of Acting Mayor
MOTION: Penzel moved, seconded by Pauly, to nominate Councilwoman
Meyers for the position of Acting Mayor for 1976. Bye,Pauly and Penzel
voted "aye" , Meyers abstained. Motion carried.
B. Appointment of Mayor
MOTION: Pauly moved, seconded by Meyers, to nominate Councilman
Penzel for the position of Mayor of Eden Prairie, Pauly and Meyers
voted "aye" , Bye and Penzel abstained. Motion carried.
Penzel submitted his resignation from the office of Councilman and
requested Council accept same .
MOTION: Pauly moved, seconded by Bye, to accept the resignation of
Penzel from the office of Councilman. Motion carried unanimously.
City Attorney Perbix conducted the swearing-in ceremonies for Fenzel to
fill the vacant position of Mayor for the City of Eden Prairie.
Councilwoman Pauly presented a gavel from former Mayor Osterholt to
new Mayor Penzel.
Acting Mayor Meyers relinquished the Chair to newly elected Mayor
Penzel . '
Council Minutes - 2 - Tues. ,january 6, 1976
I. OFFICIAL DESIGNATIONS (continued)
C. Appointment of Councilperson
MOTION: Pauly moved, seconded by Meyers, to nominate Tim Pierce
for the position of Councilman filling the vacancy which occurred
with Mr. Penzel's resignation. Pauly, Meyers and Penzel voted "aye" ,
Bye abstained. Motion carried. s.
City Attorney Perbix conducted the swearing-in ceremonies for Tim Pierce
to fill the vacant position of Councilman for the City of Eden Prairie.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
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The following items were requested to be added to the New Business category:
I . Letters of appreciation to-past advisory commission members.
2 . Report on progress of Guide Plan consultant contract.
3 . Letters of appreciation to those who have expressed
interest in Commissions and Council position.
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4 . Receipt of letter from Mr. Williams informing the Council
of his resignation from the Human Rights Commission.
5 . Civil defense truck .
MOTION: Meyers moved, seconded by Pauly, to approve the agenda with the
inclusion of the five afore mentioned items under New Business category.
Motion carried unanimously.
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III. MINUTES
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A. Minutes of the Regular Meeting held Tuesday, December 2 , 1975 .
Pg. 4 , para. 3, 3rd line, strike "reasonable" and Insert "the recommended". I
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Pg. 5, paragraphs 1 and 2 , strike "home" throughout these two paragraphs
and insert "house"; 2nd para . , 3rd line, after "month" insert "with conditions
of lease outlined by the staff" .
Pg. 5, para . 6,2nd line, strike "20" and insert 1117" .
MOTION: Pauly moved, seconded by Meyers, to approve the minutes of the
December 2 , 1975 Council meeting as corrected. Pauly, Meyers , Penzel
& Bye voted "aye" , Pierce abstained. Motion carried.
Council Minutes - 3 - Tues . ,January 6, 1976
III.MINUTES (continued)
B. Minutes of the Regular Meeting held Tuesday, December 9, 1975 .
Pg. 2 , para . 5 , line 8, after "that" strike "Figure 1 in the 1975
Feasibility Report for the Sanitary Sewer Improvements be the diagram"
and insert "the scope of the sewer project shown as Figure 1 be" .
Pg. 4 , 2nd para . , line 3 , strike "are" .
Pg. 5 , para . 1 , line 11 , strike "ask for" and insert "demand" .
Pg. 6 , para . 2 , 2nd & 3rd lines , strike "as he has over the past few years".
Pg. 8 , para . 4 , line 3 , strike "not authorized" and insert "been unable
to provide a suitable alternate site for"; para . 5, 2nd line , strike "off"
and insert "west" .
MOTION: Pauly moved , seconded by Meyers , to approve the minutes of
the December 9 , 1975 Council meeting as corrected. Pauly, Meyers , Penzel
& Bye voted "aye" , Pierce abstained. Motion carried.
C. Minutes of the Special Council Meetingheld Saturday, December 20, 197S .
MOTION: Meyers moved , seconded by Pauly, to approve the minutes of
the December 20 , 1975 Council meeting as submitted . Pauly, Meyers,
Penzel & Bye voted "aye" , Pierce abstained. Motion carried.
IV.APPOINTTMENTS
A. Suburban Rate Authority
MOTION: Bye moved, seconded by Meyers, to appoint City Engineer
Carl Jullie as the representative to the Suburban Rate Authority for
1976. Motion carried unanimously.
B. Suburban League of Municipalities
Deleted from the agenda .
C. Metropolitan League of Municipalities (1 Representative & 4 Alternates)
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MOTION: Meyers moved, seconded by Pierce, to appoint Mayor Penzel
as the Representative to the Metropolitan League of Municipalities with
the remainder of the Council as Alternates for 1976 . Motion carried
unanimously.
D. South Hennepin Human Services Council (2 Representatives)
MOTION: Pauly moved, seconded by Meyers , to appoint Finance Director
John Frane and Councilman Tim Pierce as representatives to the South Hennepin
Human Services Council, terms to expire 1/31/78. Pauly, Meyers, Bye & i
Penzel voted "aye", Pierce abstained. Motion carried.
Council Minutes - 4 - Tues. ,January 6, 1976
IV. APPOINTMENTS (continued)
E. CATV Study Commission
MOTION: Pauly moved, seconded by Bye, to appoint Councilwoman
Meyers and City Manager Ulstad as representatives to the CATV
Study Commission. Bye, Pauly, Penzel and Pierce voted "aye",
Meyers abstained. Motion carried.
F. WAFTA (Western Area Fire Training Association)
MOTION: Pauly moved, seconded by Meyers , to appoint Dennis
Jar-vela as the representative to the WAFTA Board for a term to
expire l/l/77 . Motion carried unanimously.
G. Board of Appeals and Adjustments - Appointment of 5 Representatives
MOTION: Pierce moved, seconded by Pauly, to appoint Councilwoman
Joan Meyers , Don Sorensen, James Cardinal, Tom Cebulla and James
Wedlund to the Board of Appeals and Adjustments for a one year term
to expire 12/31/76 . Pierce, Pauly, Bye and Penzel voted "aye",
Meyers abstained. Motion carried.
H. Building Code Board of Appeals - Appointment of 5 Representatives
MOTION: Pauly moved, seconded by Meyers, to appoint William
Bonner, Charles DeBono, Anthony Hirt, Robert Lapic and Paul
Molzahn to the Building Code Board of Appeals for a one year term to `)
expire 12/31/76. Motion carried unanimously.
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I. Planning Commission - Appointment of 4 Representatives 3
MOTION: Meyers moved, seconded by Pauly, to accept with regret
the resignation of Roger Boerger from the Planning Commission. Motion
carried unanimously.
Meyers placed the names of William Bearman and Richard Lynch into
nomination; Pauly placed the name of David Osterholt into nomination;
and Penzel placed the name of Rod Sundstrom into nomination.
MOTION: Pierce moved, seconded by Pauly, that nominations be closed.
Motion carried unanimously.
It was determined by the Council that the first two nominees elected to
the Planning Commission would be for three year terms , and the third
nominee for a two year term.
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Council Minutes - 5 - Tues . ,January 6, 1976
I. Planning Commission (continued)
Vote Tally: Bearman elected unanimously to the Planning Commission
for a three-year term to expire 12/31/78; Lynch elected unanimously
to the Planning Commission for a three-year term to expire 12/31/78;
Osterholt failed to be elected to the Planning Commission by a vote
of 2 "ayes" and 3 abstentions, Pauly and Bye voted "aye" , Meyers,
Pierce and Penzel abstained; and Sundstrom was elected unanimously
to the Planning Commission for a two-year term to expire 12/31/77.
MOTION: Pierce moved, seconded by Meyers , to reopen nominations
for a Council Representative to the Planning Commission. Motion carried
unanimously.
MOTION: Meyers moved to nominate Councilwoman Pauly for Council
Representative to the Planning Commission, Pierce seconded. Motion
carried unanimously.
J. Parks, Recreation and Natural Resources Commission_
MOTION: Meyers moved, seconded by Pauly, to appoint Richard Anderson
and Williams Garens to three year terms to expire 12/31/78, Steve
Fifield as a youth member with a term to expire 7/31/76 , and Tim
Pierce as the Council Representative to the Parks , Recreation and
Natural Resources Commission. Meyers, Pauly, Bye and Penzel
voted "aye" , Pierce abstained. Motion carried.
K. Human Rights Commission
MOTION: Meyers moved, seconded by Pauly, to appoint Mari Dragseth,
James Simchuck, Doug Meyer and Duane Pidcock to three year terms to
expire 12/31/78; Lorraine Maenke to a one year term to expire 12/31/76;
Linda Pratt and Wendy Martin as Youth members with terms to expire
4/30/76 , and Billy Bye as the Council Representive to the Human Rights
Commission. Motion carried unanimously.
Pauly requested an item be added to the January 13 , 1976 Council
Agenda pertaining to Council members serving on various boards/
commissions .
L. Appointment of City Attorney
MOTION: Bye moved, seconded by Meyers , to appoint Harlan Perbix
as City Attorney for 1976. Motion carried unanimously.
M . Appointment of Health Officer
MOTION: Meyers moved, seconded by Pierce, to appoint Dr. -Frederic
Ekrem as Health Officer for 1976. Motion carried unanimously.
Council Minutes - 6 - Tues. ,January 6, 1976
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 311 relating to licensing of contractors
of the City of Eden Prairie.
MOTION: Meyers moved, seconded by Pauly, to approve the 2nd
reading of Ordinance No. 311 relating to licensing of contractors of
the City of Eden Prairie. Motion carried unanimously.
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B. 1st Reading of Ordinance 310 , Fee Ordinance
City Manager Ulstad and City Engineer Jullie spoke to the gravelTI
mining part of Ordinance No. 310 as presented to the Council.
Dick Bury, Midwest Asphalt, stated that Eden Prairie far and above
has the highest fee of any municipality that Midwest operates in, thus Mid-
west finds they cannot be competitive in projects. He further explained that d
City Engineer Jullie could come out to their gravel mining operation 4
and be shown exactly what Midwest has done, noting that this would take about
one hour. Costs will have to be charged ;pack to the customer.
Requested the Council consider leaving fees the way they are at the
present time. Mr. Bury expressed his desire to sit down with City
Manager Ulstad and City Engineer Jullie to work out problems.
Ulstad stated that he, along with Mr. Jullie, would be willing to meet
with all of the gravel pit owners to discuss the problems.
MOTION: Pauly moved, seconded by Meyers, to direct Mr. Ulstad
to meet with gravel mining operators, take into consideration Mr. Bury's
comments, and report back to the Council. Motion carried unanimously. i
Bye suggested that 3. 4 relating to dogs should speak to dogs in general
for a fee of $4. 00, thus eliminating redundant language , is. , male or
female (,spayed or unspayed) .
MOTION: Meyers moved, seconded by Pierce, to approve the first Reading
of Ordinance No. 310, regulating fees and charges for business licenses,
permits and municipal services , and amending Ordinance No. 280, and
to further take into consideration the suggestions made by Councilman
Bye pertaining to Dogs under 3.4 . Motion carried unanimously. s
C. Resolution No. 1066 - 1976 Meeting Dates and Times
MOTION: Bye moved to amend Resolution No. 1066 in the lst paragraph,
3rd line, after "7:30 PM , " add "to be adjourned by 11:00 PM unless waived
by unanimous vote of the members present'; seconded by Pauly. Bye, Pauly,
Pierce and Penzel voted "aye" Meyers voted "nay" . Motion carried.
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Council Minutes - 7 - Tues. ,january 6, 1976
C. Resolution No. 1066 - 1976 Meeting Dates and Times (continued)
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1066,
a resolution designating the official meeting dates , time and place for the
City of Eden Prairie Council members in 1976 as amended. Bye, Pauly,
Pierce, & Penzel voted "aye" , Meyers voted "nay" . Motion carried.
D. Resolution No. 1067, Designating Official Newspaper
City Manager Ulstad stated that two proposals had been submitted
to become Eden Prairie's official newspaper, those being Eden Prairie
News and the Sun Newspapers.
City Attorney Perbix explained both newspapers do qualify as our legal
newspaper. He further stated that the law does provide and set forth
a priority of definitions: 1) A newspaper that has its office within the ry
community and is printed within the community; 2) A newspaper that
has its office within the community and is printed from beyond the g
community; and 3) a newspaper that neither has paper printed or office
within the community. The Eden Prairie News has an office within the
City of Eden Prairie although it is not published within the City, and
the Eden Prairie Sun has neither an office in the community nor is
published In Eden Prairie.
MOTION: Bye moved, seconded by Meyers , to adopt Resolution No.
1067 designating the Eden Prairie News as the official newspaper.
Motion carried unanimously.
E. Resolution No. 1068 - Official Despoitory for City Funds .
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MOTION: Pauly moved, seconded by Pierce , to adopt Resolution No.
1068 designating depository as First National Bank of Hopkins . Motion.
carried unanimously.
F. Resolution No. 1069 - Investment Authorization.
MOTION: Mevers moved, seconded by Pauly, to adopt Resolution
No. 1069 regarding investment authorization. Motion carried.
unanimously. o
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G. Resolution No. 1070 - Signatory Authorization
MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No.
1070 regarding signatory authorization. Motion carried unanimously.
H. Resolution No. 1071 - Facsimile Signatory.Authbrization
MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No.
1071 authorizing use of facsimile signatures by public officials.
Motion carried unanimously.
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Council Minutes 8 - Tues. ,January 6, 1976
VI. PETITIONS , REQUESTS & COMMUNICATIONS
A. Re guest from Tames Trench Attorney for DeForest Underdahl recruesting
the granting of a building permit for Mr. Underdahl to build a home on
his property. (Tract B of Registered Land Survey No. 756) .
Mr. Trench, attorney for Mr. Underdahl, requested that this item
be deleted from the agenda at this time. Request granted.
B. Communication from Tack Bailey, Mayor of Minnetonka , pertatntncr to
the vacant building on the grounds of Glen Lake Sanitarium for use as
a detox center for Hennepin County.
City Manager Ulstad spoke to communication from jack Balley , Mayor of
Minnetonka , dated December 22 , 1975, along with resolution adopted
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by the Minnetonka City Council on December 15 , 1975 .
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No.
1077 addressed to the County Board of Commissioners in respect to
the property at the Glen Lake Sanitarium site asking them to rescind
their approval for the demolition of the Naysmith-Townsend Residence
Hall for Nurses. Meyers, Pauly, Pierce and Penzel voted "aye" , Bye
voted "nay" . Motion carried. �
.III. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of City Manager
1 . Authorization for Public Safety to advertise forbids for two
civil defense warning sirens.
Meyers questioned if sirens had to be bright yellow and if poles could
be ornamental, i
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Sargeant Wall stated he would look into suggestions from Meyers
as an alternative .
Penzel requested that an effort be made to secure coverage for the
southern half of Eden Prairie as soon as possible.
MOTION: Meyers moved , seconded by Pierce, to authorize Public
Safety to advertise for bids for two'civil defense warning sirens with
alternates of siren color and pole style as allowable to be opened'on
February 2nd and received on February 10, 1976. Motion carried unanimously.
2 . Agreement for Contractual Services for Health Authority for the City
of Eden Prairie for 1976,
MOTION: Bye moved, seconded by Pauly, to approve the agreement
for contractual services for Health Authority for the City of Eden Prairie
for 1976. Motion carried unanimously.
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Council Minutes --9` _ �TUbt : ,fandary 6 ,-1976
A. Report of City Manager (continued)
3. Lost City of Eden Prairie Water and Sewer Bond Coupon
City Manager Ulstad spoke to memo from Finance Director John
Frane dated December 24 , 1975 explaining that L. A. Light of
Manchester, Iowa, the holder of bond #428 of our 4/1/75 bond
issue, cannot locate interest coupon #1 in the amount of $175.00 .
MOTION: Bye moved, seconded by Pauly, to authorize the City
to accept the bond and to instruct the American National Bank
of St. Paul to pay the interest. Motion carried unanimously.
B. Report of City Engineer
1 . Resolution authorizing eminent domain proceedings as required
for T. H. 169 improvement project STR 74-3-09 , I.C. 51-266.
City Engineer Jullie outlined his memo dated January 2, 1976
regarding easement and right-of-way appraisals for above
prof ect.
MOTION: Meyers moved, seconded by Pierce, to adopt
M Resolution No. 1078 authorizing condemnation on the parcels
outlined in the Richard A. Campbell appraisal report, including
The Preserve and Homart property along #169 Improvement
project STR 74-3-09 , I.C. 51-266 . Bye, Meyers, Pierce and Penzel
voted "aye" , Pauly voted "nay" . Motion carried.
C. Report of Director of Community Services
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1 . Resolutions authorizing 1976 LAWCON Grant application.
Director of Community Services Jessen outlined Resolution Nos.
1073 and 1074 to Council members.
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution
No. 1073 authorizing the Mayor to sign application for grant to acquire
open space under the provision of the Federal Land and Water Conservation
Fund Act and the State Natural Resource Fund. Motion cairried unanimously.
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MOTION: Meyers moved, seconded by Pauly, to adopt Resolution
No. 1074 authorizing filing of application for grant to acquire open
space under the provision of the Federal Land and Water Conservation
Fund Act and the State Natural Resource Fund. Motion carried
unanimously.
Council Minutes - 10 - Tues. ,January 6, -1,976
C. Report of Director of Community Services (continued)
2. Request for advance,payment for Blacklock property.
Director of Community Services Jessen spoke to his memo dated
January 2 , 1976, requesting advance payment by Blacklock's for "=
their property due in 1976 to be paid in January rather than July as
specified under the purchase terms.
MOTION: Pauly moved, seconded by Bye, to grant request of
Blacklock's for advance payment for their property due in 1976
to be made in January rather than July in the amount of
$16 ,670.63. Roll Call Vote: Pauly, Bye, Meyers, Pierce and
Penzel voted "aye" . Motion carried unanimously. z
D. Report of Finance Director
1. Clerk's License List
MOTION: Bye moved, seconded by Pierce, to approve the Clerk's
License List as submitted. Motion carried unanimously.
( III.NEW BUSINESS
A. Letters of appreciation to past advisory commission members
Meyers requested that letters of thanks be sent to past advisory
commission members Roger Boerger, Dick Feerick, .Robert WI.l1_iams,and Wayne
Brown . Letters to be signed by Mayor Penzel.
B. Report of progress of Guide Plan consultant contract.
Meyers requested an update on Guide Plan consultant contract.
Ulstad stated a draft had not been drawn up yet. Staff will meet with
Mr. Brauer on Monday, January 12, 1976, 9:00 AM, regarding a calendar
of events.
Ueyers suggested that a rough draft of the consultant contract be submitted
to the Planning Commission on Monday evening, January' 12, and to the
City Council on Tuesday, January 13.
C. Letters of appreciation to those who have expressed interest in
Commissions and Council position.
Penzel requested letters be.sent to all persons that have expressed
an interest in serving on various Boards or Commissions thanking them
for submitting their names . Also that letters be sent to those. persons
selected to serve with information pertaining to commission to which
they have been appointed.
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Council Minutes' - I1 - Tues. ,January 6, 1976
'7III.NEW BUSINESS (continued)
D. Receipt of letter from Mr. Robert Williams informing the Council
of his resignation from the Human Rights Commission.
Council received and filed letter from Mr. Robert Williams
pertaining to his resignation from the Human Rights Commtsslon;
E. Civil Defense Truck
City Manager Ulstad explained that the City has been offered
a 6 X 6 foot State truck for $150, 00. Appears it would be ideal
for a mover for a chipper.
MOTION: Bye moved, seconded by Pauly to authorize the City
Manager to have the ability to spend $150.00 to buy a 6 X 6 foot
truck. Roll Call Vote: Bye , Pauly, Pierce, Meyers & Penzel voted
"aye". Motion carried unanimously.
4 ADDITIONAL NEW BUSINESS
A. Intergovernmental Committee
General discussion took place regarding an Intergovernmental
Committee on behalf of the City of Eden Prairie, possible members,
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and committee assignments .
Penzel suggested staff gather a list of five or ten pressing problem,
and draft an ordinance on how we can formalize the establishment
of this type of body. s
B. Salary for Chris Enger
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City Manager Ulstad requested that a salary be granted for Chris ,Eger
in the amount of $1,060.00 per month.
MOTION: Bye moved, seconded by Pauly, to accept the Manager's report
of January 6 , 1976 , and to proceed in his judgement to grant a salary to f
Chris Enger for 1976 in the amount of $1,060.00 per month. Motion carded
unanimously.
IX. ADTOURNMENT
MOTION: Pauly moved, seconded by Meyers , to adjourn the viesting at
10:52 PM. Motion carried unanimously.
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