City Council - 01/04/1977 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 4, 1977 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
BiIiy Bye
Joan Meyers
Dave Osterholt
Sidney Pauly
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COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam;
Engineer Carl Jul l ie; and Joyce Provo,
Recording Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE
ROLL CALL: All megbers present.
I. SWEARING IN CEREMONIES FOR MAYOR AND TWO COUNCIL MEMBERS
City Attorney Perbix conducted the swearing in ceremonies for Mayor Wolfgang
Penzel , Councilman Dave Osterholt, and Councilwoman Sidney Pauly.
II. OFFICIAL DESIGNATIONS
A. Appointment of Acting Mayor
MOTION: Bye moved, seconded by Osterholt, to nominate Councilwoman
Joan Meyers as Acting Mayor. Motion carried unanimously.
MOTION: Pauly moved, seconded by Bye, to cast a unanimous ballot
for Councilwoman Joan Meyers as Acting Mayor. Motion carried
unanimously.
III . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following changes and additions were made to the agenda: '
1 . Discussion of Council programs for 1977-1978 to be added "
under the "New Business" category.
2: Meyers`equested that on page 2, item G of the Agenda
be amended by stri ki n "Alternate" and inserting "'Staff
Member"
3. MOTION: Bye moved, seconded by Pauly, to move item VIII,
A. 1 and 2 to follow item IV. Bye, Pauly, Meyers and
Osterholt voted "aye", Penzel abstained. Motion carried.
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B. APPROVAL OF AGENDA AND OTHER ITEMS OF i-U IPlESS (continued)
4. MOTION: Bye moved, seconded by Pauly, that* the Council commend
the City Manager and his staff for the fine and capable manner
in which they have conducted City business during the past year.
Motion carried unanimously.
MOTION: Bye moved, seconded by Pauly, to approve the agenda as amended
and published. Motion carried unanimously.
IV.MINUTES tt
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A. Minutes of the Regularly Scheduled Council Meeting held Tuesday,
Qecember 7, 1976.
Pg. 2, 6th para . , 4th line, strike "alternatives" and insert
t "alternative grading plans"; para. 7, 1st line, after "staff"
insert "together with the proponent".
Pg. 5, 3rd para. , strike "seconded by Pauly" and insert "seconded
by Pierce".
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MOTION: Meyers moved, seconded by Osterholt, to approve the minutes .
of the Council meeting held Tuesday, December 7, 1976, as amended and
published. Motion carried unanimously.
B. Minutes of the Regularly Scheduled Council Meeting held Tuesday,
December 14, 1976.
MOTION: Meyers moved, seconded by Pauly, to approve the minutes
of the Council meeting held Tuesday, December 14, 1976, as published.
Motion carried unanimously.
VIII .REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members.
1. Discussion on Council Representatives to Boards and Commissions .
2. Discussion on who should select Chairmen of various Boards and
Commissions .
Both items 1 and 2 were considered at the same time.
Pauly acknowledged that these two items were placed on the agenda
per her request and spoke to Resolution No. 1243 as submitted by
Councilman Bye.
Bye explained that if there are more than seven members on any
of the boards or commissions, , that no one would be taken off, but as
terms expire or resignations occur, no appointments would be made
beyond the seven members.
General discussion took place among Council members and changes
were made to Resolution No. 1243.
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A. Reports of Council members (continued) -
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1243,
relating to the composition; appointment of members and terms of office
of members of City advisory commissions and boards_
Meyers requested that an item be added at the beginning of the Council
agenda for "Reports from Advisory Boards and Commissions". Council
members agreed with this request.
MOTION: Osterholt moved, seconded by Bye, to call the question.
Osterholt, Bye and Pauly voted "aye" ,. Meyers and Penzel voted "nay".
Motion failed.
Meyers requested that the following language be added to item 7 of
Resolution No. 1243:' "unless the Council by unanimous vote reappoints
such members to the board or commission" . Ceunci 1 members agreed to
include this in Resolution No. 1243. '
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1243
as modified, relating to the composition; appointment of members and terms
of office of members of City advisory commissions and boards . Osterholt,
Bye, MeyAs and Pauly voted "aye", Penzel voted "nay" . Motion carried.
(Resolution No. 1243 as modified attached as part of minutes )
V. APPOINTMENTS
MOTION: Osterholt moved , seconded by Bye, to continue items A - F to
March 1, 1977, and that members whose terms expire before that time continue
on until new appointments are made. notion carried unanimously.
Penzel requested that letters be sent to members whose terms have expired a
on various boards and commissions asking them to continue serving until
March when appointments are Trade.
G. CATV _Study Commission - Appointment of Council Representative and one
Staff member, Appointment by Council .
MOTION: Osterholt moved, seconded by Bye, to appoint Councilwoman
Meyers and City Manager Ul stad to the CATV Study Commission. Motion
carried unanimously.
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H. Metro ol i tan League of Municipalities - App-)i ntment of 1 Representative
and 4 Alternates. Appointments by Council - 1 year term.
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MOTION: Meyers moved, seconded by Penzel , to appoint Mayor Penzel
as the Representative, and the remainder of the Council as alternates
to the Metropolitan League of Municipalities for a 1 year term. Motion
carried unanimously.
I. LOGIS - Appointment of 1 Representative and 1 Alternate. Appointments
by Council .
f MOTION: Meyers moved, seconded by Osterholt, to appoint Finance Director
John Frane as the Representative, and City Manager Uistad as the Alternate to
LOGIS. Motion carried unanimously.
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V. APPOINTMENTS (continued) d;
J. Health Officer - Appointment of• 1 Health Officer for the year 1977.
Appointment by Mayor with consent of Council . f
Mayor Penzel recommended the appointment of Dr. Frederic Ekrem as
the Health Officer for 1977.
MOTION: Pauly moved, seconded by Meyers, to appoint Dr. Frederic
Ekrem as the Health Officer for 1977 . Motion carried unanimously.
K. Suburban Rate Authority - Appointment of 1 Representative to the
Suburban Rate Authority for 1977. Appointment by Mayor with consent
of Council .
Mayor Penzel recommended the appointment of City Engineer Jullie
as the representative to the Suburban Rate Authority for 1977.
MOTION: Bye moved, seconded by Osterholt, to appoint City Engineer g
Jullie as the Representative to the Suburban Rate Authority for
1977. MoV on carried unanimously.
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L. South Hennepin Human Services Council_ - Appointment of 3 Representatives
(1 Council Representative to fill an unexpired term of 1 year, 2 at-large
Representati ves to serve two year terms ) . Appointment by
Council .
MOTION: Osterholt moved, seconded by Meyers, to appoint Councilwoman
Pauly to fill the unexpired term of 1 year, and Mary Hayden and
Dr. Richard Williams to serve two year terms. Motion carried unanimously.
M. Appointment _of _City Attorney - Appointment by Manager subject to approval
of Council . !� _ x
City Manager Ulstad recommended the appointment of City Attorney Perbix
for 1977.
MOTION: Bye moved, seconded by Pauly, to appoint Harlan Perbix as
City Attorney for 1977. Motion carried unanimously.
N. WAFTA Board - Appointment of 1 Representative for a 1 year term. Appointment
by Counci l
MOTION: Osterholt moved, seconded by Meyers , to appoint Dennis Jarvela
as the representative for a 1 year to the WAFTA Board. Motion carried
unanimously.
VI. PUBLIC HEARING
A. 1977 Community Development Block Grant, joint application for approximately
45,800 of Federal funds to be used for eligible community projects.
City Planner Putnam introduced Jim Ford, the representative from Hennepin
County, to give a brief presentation.
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A. 1977 Community Development Block Grant, joint applica;:icn for approximately
$45,800 of Federal funds to be used for eligible community projects.
(continued)
Jim Ford explained that this year there will be 35 communities participating
in the Urban County Development Block Grant Program and that it is estimated
Eden Prairie might be receiving approximately $45,800. The application
this year is in many respects similar to the projects two years ago.
However, HUD is looking more and more at the applications and is becoming
stricter. Generally HUD has been emphasizing programs towards low and
moderate income households in the community.
City Planner Putnam spoke to the recommendations of the Parks, Recreation
& Natural Resources Commission made at their meeting held January 3, 1977,
those being: 1 ) Development of the Edenvale and Preserve Neighborhood
Playgrounds like that :-.hick occurred at Prairie View this fall ; 2) Any
remainder to be used for Right-of-Way acquisition and increased construction
costs on the County Road 4 Trail; and 3) That the $19,000 from the 1975
year program be reallocated for the County Road 4 Trail . Putnam further
explained that. the Planning Commission would be making their recommendations
at their meeting to be hnid Monday, January 10.
Bye strongly urged that the staff investigate the possibility of using
some of this funding for dutch eL;, replacement and to invite input from
the Task Force which studied this problem. Jim Ford stated that dutch
elm replacement has been mentioned and the only difficulty about this
program is funding can only be used for replacement of trees on public
r property.
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Meyers suggested that homeowners associations in Edenvale and The Preserve
be notified before the January 11th Council meeting that both the
Edenvale and The Preserve Playgrounds are being considered.
Al Upton, 16163 Eden wood Drive, asked for a clarification on recommendation
1 from the Parks, Recreation & Natural Resources Commission which
City Planner Putnam provided.
John Retterath, 9011 High Point Circle, The Preserve, stated he thought
The Preserve is looked at as being loaded with amenities but the children
seem to have nothing to do. The amenities do not fulfill the growing
needs, especially since Windslope is becoming a reality.
MOTION: Osterholt moved, seconded by Meyers, to continue the Public
Hearing for the 1977 Community Development Block Grant to the January 11 ,
1977 Council meeting. Motion carried unanimously.
V II . RESOLUTIONS & ORDINANCES
A. Resolution No. 1232, designating the official meeting date, time and place
for the City of Eden Prairie Council Members in 1977.
MOTION: Meyers moved, seconded by Penzel , to adopt Resolution No. 123..
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IuQs. , ". il'Ja)'y 4 , i9l/
A. Resolution No . 1232, designating the official meeting date, time and place
for the City of Eden Prairie Council Members in 1977.
AMENDMENT: Bye moved, seconded by Osterholt, to amend Resolution No. 1232
in line 2, strike " , second and fourth" and insert "and third"; and in the
third line strike "7:30 PM" and insert "7:00 PM", in the same line strike
"11:00 PM" and insert "11:30 PM". Bye, Osterholt and Pauly voted "aye",
Meyers and Penzel voted "nay". Motion carried.
MOTION AS AMENDED: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 1232 as amended, designating the official meeting date, time and place
for the City of Eden Prairie Council Members in 1977. Osterholt, Pauly and
Bye voted "aye" , Meyers and Penzel voted "nay". Motion carried.
i -MOTION: Osterholt moved, seconded byPauly, to adopt Resolution No. 77-5,
setting Special Meetings for January 11 End February 8 for Public Hearings
which have already been scheduled. Motion carried unanimously.
B. Resolution No. 1233, designating the Official Newspaper for 1977-
MOTION_ '6sterholt moved, seconded by Pauly, to adopt Resolution No. 1233,
designating the Eden Prairie News as the Official Newspaper for 1977.
> Motion carried unanimously.
C. Resolution No. 1234, authorization for signatures.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1234,
authorization for signatures. Motion carried unanimously.
D. Resolution No. 1235, designainga depository for the City of Eden Prairie.
MOTION: Bye moved , seconded by Osterholt, to adopt Resolution No. 1235,
designating the Suburban National Bank as the depository for the City c
Eden Prairie. Motion carried unanimously.
Osterholt requested the City Manager to advise the Suburban National
Bank that the Council does not sanction free services to City employees .
E. Resolution No . 1236, authorizing use of facsimile signatures by Public
Officials.
MOTION: Meyers moved , seconded by Osterholt, to adopt Resolution No.
1236, authorizing use of facsimile signatures by Public Officials.
Motion carried unanimously.
F. Resolution No. 1237, authorizing the treasurer to invest City of Eden Prairie
Funds
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1237,
authorizing the treasurer to invest City of Eden Prairie Funds . Motion
carried unanimously.
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VIII. REfORTS OF OFFICERS , B0;V','L.)_� CU-1,"IISSIONS
A. Reports of Counc i 1 members . 3
1. Discussion on Council Representatives to Boards and Commissions .
2, Discussion on who should select Chairmen of various Boards and
Commissions. '
Both items 1 and 2 were discussed on pages 2 and 3 of these Council
minutes.
B. Resort of City Manager
City Manager Ulstad thanked the Mayor and Council for their vote
of confidence on behalf of himself and the staff. Osterholt
stated he has received numerous comment% from people expressing
appreciation for the work that is being done.
C. Report of City Engineer
1„ Approve plans and specifications and order advertisement for bids
on sanita�y sewer connection for the New Testament Church/Stewart
Highlands , I .C . 51 -283.
City Engineer Jul 1 i e spoke to h i's memo dated December 29 , 1976
and Resolution Nc . 1238.
MOTION: Osterholt moved, seconded by Bye , to adopt Resolution No.
1238, approving plans and specifications and ordering advertisement
for bids ( I.C. 51 -283) . Motion carried unanimously.
MOTION: i-leyers i-noved, seconded by Osterholt, to direct City Attorney
and City Engineer to request a new letter of acceptance reflecting
the actual bid figures and a written agreement from the contract for deed
vendor to proceed with the project. Motion carried unanimously.
2. Chanhassen request for connection to Duck Lake Area Trunk Sanitary
Sewer.
City Engineer Jul lie spoke to his memo dated December 29, 1976, explaining
that he thought the City of Chanhassen would be agreeable to pay
$61 ,000 to connect to the Eden Prairie Duck Lake Trunk Sewer. He further
stated this would constitute a down payment of 10% and the bal anc;
in equal installments over 15 years at 6% interest. '
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Mr. Russ Larson, City Attorney for Chanhassen, explained that he had
been authorized to offer $61 ,000 as outlined by City Engineer Jul Iie and
requested approval by Council members .
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MOTION: Osterholt moved, seconded by Bye, to grant approval for the t
City of Chanhassen to connect to the Eden Prairie Duck Lake Trunk Sewer
as outlined in City Engineer 's memo dated December 29, 1976, and authorize
City Manager and Mayor to executve the agreement. Motion carried
unanimously.
3. Annual Agency Contract with Minnesota Department of Transportation.
MOTION: Osterholt moved, seconded by Meyers , to adopt Resolution No. 1239,
the annual agency contract with Minnesota Department of Transportation.
Motion carried unanimously.
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4. Annual Technical and Engineering Assistance Agreement with Minnesota
Department of Transportation.
MOTION: Bye moved, seconded by Meyers , to adopt Resolution No. 1240,
the annual technical and engineering assistance agreement with Minnesota
Department of Transportation. Motion carried unanimously.
5. Receive petition and set hearing date for vacation of a portion of
Franlo Road in the proposed Olympic Hills 2nd Addition.
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MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1241, and
set February 1 , 1977 as the Public Hearing date for vacation of a portion
of Franlo Road in the proposed Olympic Hills 2nd Addition. Motion carried
unanimously.
D. Repo:t,*f Finance Director
1. Clerk's License List
MOTION: Bye moved, seconded by Osterholt, to approve the Clerk's
License List dated January 4, 1977. Motion carried unanimously.
IX. NEW BUSINESS
A. Discussion of Council programs for 1977-1978.
Meyers suggested Council members each make a list of concerns ,
programs, policies , revisions , etc. , and submit to the City Manager
to be included on the February 1st agenda. Further that
an updating of same could possibly be done every six .months .
Osterholt requested that these be submitted to the City Manager
and sent out in the "For Your Information" packet with the Jan. 18 Council packet
and finalized at the February 1st Council meeting. Council members agreed
with this request.
Council members all felt this was an excellent idea.
X. ADJOURNMENT.
MOTION: Osterholt moved, seconded by Meyers, to adjourn the meeting at -
10: 10 PM. Motion carried unanimously.
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