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City Council - 01/02/1979 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL :SDAY , JANUARY 2, 1979 7: 30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpa th COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Penzel , Edstrom, Osterholt and Pauly present; Redpath absent. I . SWEARING IN CEREMONIES FOR MAYOR WOLFGANG PENZEL AND COUNCILMAN DEAN EDSTROM City Attorney Roger Pauly conducted the swearing in ceremonies for Mayor Penzel and Councilman Edstrom. II . OFFICIAL DESIGNATION A. Appointment of Acting Mayor for 1979 MOTION: Osterholt moved, seconded by Edstrom, to appoint Councilwoman Sidney Pauly as Acting Mayor for 1979. Osterholt, Edstrom and Penzel voted "aye", Pauly "abstained". Motion carried. III . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the agenda under the "New Business" category: A. Appointment of a Public Health Sanitarian MOTION: Osterholt moved, seconded by Edstrom, to approve the agenda as amended and published. Motion carried unanimously_ IV. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 5, 1978 MOTI014: Osterholt moved, seconded by Pauly, to approve the minutes of the December 5, 1978 Council meeting as published. Osterholt, Pauly and Penzel voted "aye", Edstrom "abstained". V. CONSENT CALENDAR A. Clerk 's License List B. Annual Minnesota DOT Agency Agreement approval (Resolution. No. 79-07) C. Annual Minnesota DOT Engineering Technical Assistance Agreement (Resolution No. 79-08) __ _ Council Minutes - [ - wes. ,oanudry c, iyry V. CONSENT CALENDAR (continued) i i D. Final Plat approval for Olympic Hills Highland (Resolution No. 79-09) E'. Final Plat approval far Prairie East 8th Addition (Resolution No. 79-10) F. 2nd Reading of Ordinance No. 78-54, changing a street name within the City of Eden Prairie from Cartway or West 184th Avenue to West 180th Avenue - a MQTION: Osterholt moved, seconded by Pauly, to approve items A, B, C, E and x F, thus eliminating item D. Item D to be added to the end of the agenda for '. discussion purposes. Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS No reports . V I I . APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates MOTION: Osterholt moved, seconded by Edstrom, to appoint Mayor Penzel, as Representative to the Metropolitan League of Municipalities and the remaining four Council members as alternates. Motion carried unanimously. B. Health Officer - Appointment of 1 Health Officer for the year 1979 { MOTION: Pauly moved, seconded by Osterholt, to reappoint Dr. Fred Ekrem as Health Officer for 1979jand that a letter of thanks and appreciation be sent to Dr . Ekrem on behalf of the Council . Motion carried unanimously. C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate Authority for 1979. MOTION: Osterholt moved, seconded by Pauly, to reappoint City Engineer Carl Jull ie as the Representative to the Suburban Rate Authority for 1979. Motion carried unanimously. D. South Hennepin Human Services Council - Appointment of 2 Representatives for 2 year terms commencing 2/l/79 MOTION: Edstrom moved, seconded by Pauly, to reappoint Mary Hayden and Doug Meyer as representatives to the South Hennepin Human Services Council for 2 year terms commencing 211179. Motion carried unanimously. E. Assistant Weed Inspector Appointment of Assistant Weed Inspector for 1979 MOTION: Pauly moved, seconded by Osterholt, to reappoint Wes Dunsmore Assistant Weed Inspector for 1979. 'Motion carried unanimously. F. WAFTA Board - Appointment of 1 Representative for a 1 year term _ r Penzel requested this appointment be deferred to the January 16, 1979 Council meeting. MOTION: Osterholt moved, seconded by Edstrom, to continue the appointment to the WAFTA Board to the January 16, 1979 Council meeting. Motion carried unanimously. 4. G. Human Rights & Services Commission - Appointment of 1 member to fill an unexpired term to 2%28/81 H.. Development Commission - Appointment of 1 member to fill an unexpired term to 2/28/80 I . Planning Commission - Appointment of 1 member to fill an unexpired term to 2/28/80 Penzel requested that items G - I be continued to the February 6 , 1979 Council meeting. MOTION: Osterholt moved, seconded by Edstrom, to continue items G - I to the February 6, 1979 Council meeting. Motion carried unanimously. VIII . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-57, reinstating properties in SW, SE and NE quadrants back into Planned Sty MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of r ' Ordinance No. 78-57, reinstating properties in SW, SE and NE quadrants back into Planned Study. Motion carried unanimously. B. Resolution No. 79-01 , authorizing use of facsimile signatures by Public Officials 4 MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-01 , authorizing use of facsimile signatures by Public Officials. Osterholt, Pauly and Penzel voted "aye Edstrom "abstained" : Motion carried. ' . Edstrom explained his reason for abstaining is the fact that he does have a minor amount of stock in Suburban National Bank. Edstrom stated he is, however, in the process of disposing of his holdings . C. Resolution No. 79-02, authorizing the treasurer to invest City of Eden Prairie Funds MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 79-02, authorizing the treasurer to invest City of Eden Prairie Funds. Motion carried unanimously. D. Resolution No. 79-03, designating an official newspaper MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-03, designating Eden Prairie News as the. City's official newspaper. Motion carried unanimously. E. Resolution No. 79-04, authorizing City officials to transact Banking Business MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-04, authorizing City offi-'als to transact Banking Business. Motion carried unanimously. Council Minutes - 4 - + U�Z. ,Uui,uu,y F. Resolution No 79-05, designating depository for the City of Eden Prairie Mayor Penzel referred to communications from Suburban National Bank and Midwest Federal requesting Council consideration to be named the official depository for the City of Eden Prairie. MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 79-05, designating Suburban National Bank as the disposito ry for the City of Eden Prairie. Pauly, Osterholt and Penzel voted "aye" , Edstrom "abstained' . Motion carried. Edstrom abstained for reasons stated in item VIII . B. Osterholt requested that staff respond at a future meeting what the advantages would be to have a savings and loan as the City 's official depository'. G. Resolution No. 79-06. designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1979 MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No. 79-06, designating the official meeting dates, time and place for the Ci-,y of Eden Prairie Council members - in 1979. Motion carried unanimously. .IX. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council members 1. Mayor Penzel noted he has asked City Manager Ulstad to look at a disclosure ordinance for Council 's consideration at a future meeting. B. Report of City Attorney No report. C. Report of City Manager 1 . Renewal of contract for Animal Patrol Services with Metropolitan Animal Patrol Services, Inc. (Name i:as been chanced to: Ptunicioal & Private Service, Inc. ) City Manager Ulstad recommended the Council consider approval of extending the contract with Municipal & Private Service, Inc. until such time as Council wishes to change. Ulstad further commented the rates are within the 7% increase. MOTION: Osterholt moved, seconded by Edstrom, to renew the contract with Municipal & Private Service, Inc. for Animal Patrol Services as per contract. submitted. Roll Call Vote: Osterholt, Edstrom, Pauly and Penzel voted "aye" . Motion carried unanimously. 2. Appointment of City Attorney City Manager Ulstad recommended Council consider the appointment of Roqer Pauly as City !Attorney for 1979 at the same fees as were proposed for 1978. Edstrom referred to Attorney General 's Opinion where the primary conclusion seems to be a question of whether the wife, , as Councilwoman, would receive some 2. AQpo i ntment of City /lttorne (continued) benefi t from the servi ces provi ded, Wand asked Mr. Pauly to respond to this question. City Attorney Pauly replied he is aware of the qualification provided in the Attorney General ' s Opinion as to the use of funds derived from the engagement for the support of his spouse and commented he has endeavored to take measures to separate those funds and see that they are not used for those purposes, and would expect to continue to do so in the future. MOTION: Osterholt moved, seconded by Edstrom, to appoint Roger Pauly as City Attorney for 1979 as per the recommendation of City Manager U1 stad. Osterholt, Edstrom & Penzel voted "aye" , Pauly "abstained" . Motion carried. Osterholt stated the Council members he has worked with feel Mr. Pauly has done an outstanding job and should be reappointed on the basis of his work . 4 D. Report of Planning Director 1. Approval of Shady Oak Industrial Park Developers Agreement City Manager Ulstad spoke to the Shady Oak Industrial Park developer's agreement and recommended Council consider approval of same. Penzel requested changes in the developer's agreement as follows: Page 1 , 2nd line, strike "1978" and insert "1979"; item 2, 2nd line, after "Council " insert "material"' and in the same Tine after 10/2/78 add "and reviewed and acted on by the City Council on 12/5/78". Penzel further requested that an item appear in the agreement whereby Mr. Anderson will install Shady Oak Road on his property as he had previously agreed to at the Council meeting held 12/5/78. City Attorney Pauly pointed out another change to be made on page 4, striking "Richard W. Anderson" , and inserting "Richard W. Anderson, Inc.". MOTION: Osterholt moved, seconded by Pauly, to approve the developer' s agreement for Shady Oak Industrial Park with suggested changes . Motion carried unanimously. E. Report of Director of Community Services 1 . Approval of bids for tree removal truck Director of Community Services Lambert spoke to his memo dated 12/28/78, recommending the Council reject the bid and staff will look at other al ternatives. MOTION: Osterholt moved, seconded by Edstrom, to reject the bid from Tri- State Tree Service 'in the amount of $16,000 for a tree removal truck, and if any cashier check or fees have been paid they be returned to the bidder. Motion carried unanimously. 2. Senior Citizen Transportation Program I Director of Community Services Lambert spoke to his memo dated 12/22/78 outlining three alternatives . Staff recommended alternative 1 , beginning the trial program with existing volunteers and the City's existing station wagon, and to continue to solicit volunteers as the program develops . If the station wagon does not work out, Staff would then request approval to rent a van or station wagon. 2. Senior Citizen Transportation Program (continued) Osterholt requested that an article be submitted to the local newspaper as to how the program will function . l Edstrom commented it would be helpful to have some more data after the program has been tested to see precisely who is using the program, how frequently and what age bracket, etc. General discussion took place regarding the program, i .e. , charges, if any, scheduling and volunteers. Lambert stated at this time he does not have the information regarding insurance, and that he would look into the question of both in and liability generally with the consultation of the City Attorney. MOTION: Osterholt moved, seconded by Penzel , to approve the Senior Citizen Transportation Program as recommended by Director of Community Services Lambert as outlined in memo dated 12/22/78, Alternative #1 , for a six-month program based initially on volunteersand, if need be, k on the basis of hired part-time drivers Roll Call Mote: Osterholt, a Penzel , Edstrom and Pauly voted "aye" . Motion carried unanimously. Lambert brought to the Council 's attention the donation received . from Don Berne in the amount of $500.00 to be used for the future Senior Citizen Center. Council requested a thank-you letter be sent to Mr. Berne. Pauly suggested that a list of items needed for the Senior Citizen Center be publicized in the HAPPENINGS for possible donations . F. Report of City Engi neer 1. Staff Additions for Engineering Department City Engineer Jullie spoke to his memo dated December 28, 1978 and answered questions of Council members . MOTION: Osterholt moved, seconded by Edstrom, to approve the additions to the Engineering Staff as per City Enginees recommendation in memo dated December 28, 1978. Roll Call Vote: Edstrom, Osterholt, Pauly and Penzel voted "aye" . Motion carried unanimously. G. Report of Finance Director 1. Payment of Claims Nos. 2622 - 2798 MOTION: Osterholt moved, seconded by Edstrom, to approve Payment of Claims Nos. 2622 - 2798. Roll Call Voter Osterholt, Edstrom, Pauly and Penzel voted"aye" . Motion carried unanimously. X. NEW BUSINESS - A. Appointment of a Public Health Sanitarian City Manager :::;tad recormiended the appointment of Wally Johnson as the Public Health Sanitarian. Council confirmed the appointment of Wally Johnson as Public Health Sanitarian as requested by City Manager Ulstad. Lounci 1-minutes _ , ....,..,_......_. , - - B. Final Plat approval for Olympic Hills Highland (Resolution No. 79-09) Formerly item V. D. on agenda. Joe. Christensen and Andrew McGlynn were present representing the proponents and answered questions of Council members. There were several questions asked by Council members which could not be answered by the proponent's representatives, i .e. , 1) resolution of two roads on the plat named Clubhouse Road, 2) an overall detailed concept plan for final development of Ulympic Hills, and 3) question of new addition being talked about between the existing plan and the Preserve development as being Olympic Hills 6th Addition. MOTION: Osterholt moved, seconded by Edstrom, to continue consideration of the Final Plat for Olympic Hills Highland to the January 16, 1979 Council meeting allowing the proponents time to answer questions raised by Council members . Motion carried unanimously. XI . ADJOURNMENT MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 9:40 PM. Motion carried unanimously. EDEN PRAIRIE CITY COUNCIL AGENDA f. Thursday, September 13, 1979 8:OOp.m. ' t I Call to Order II Liquor Store Proposal III Preliminary Discussion of City Properties IV Proposed 1980 Budget t TO: Mayor and Council THRU: Roger Ulstad FROM: John Frane DATE: September 7, 1979 RE: Proposal by Barmil Search to construct and lease to the City a building for a liquor store in the M. C.-A. Barmil has asked the City to consider locating a store next to the . Applebaums' project to the south of the Eden Prairie Center. They are asking $6.60 a square foot for a net net lease for a fifteen year period with an overide of 4. 5% of sales in excess of $635.000 in a 4,400 square foot building. Net profit from our stores can be expected in the 4.5% to 5.5% range. The 4.5% overide would therefore net from $0 to $1,000 of additional net profit per $100,000 of additional sales. I do not recommend the City taking any action on this proposal . � J CITY OF EDEN PRAIRIE -GENERAL FUND BUDGET REVENUE ' AS OF JULY 1, 1979 BALANCE x 42% OF BUDGET RECEIVED_ BALANCE YEAR LEFT ?AXES -982,000 -563,651 41.89348 43 .LICENSES 39,900 21,003 189896 47 - PERHITS .263,600 216,428 47,171 18 -OTHER GOVERNENTS 519,700 2579860 261,839 5D FEES -2589200 1549919 1039280 40 RECREATION FEES 759306 34,548 40,751 54 OTHER REVENUES 2099950 1180880 91,069 43 2,348,650 193679292 981,357 42 I CITY OF EDEN PRAIRIE GENERAL FUND BUDGET EXPENDITURES As of July 319 1979 i •BALANCE % 42% OF r BUDGET EXPENDED BALANCE YEAR LEFT 3 Mayor and Council 139200 7,700 51500 42 Manager 52,30E 29,543 • 22,756 44 In Service Training 17,000 10,814 6,185 • 36 Public Information 7,400 21926 49473 60 Corporation Council 30,000 23,590 6,409 21 Health 51000 51000 -- Finance 47,500 26,960 ' 20,539 43 General Services 25,900 17,499 8,400 32 Logis 15,O00 10,487 4,512 30 Benefits . .215,000 145,926 20,073 32 Shared Services 82,600 60,834 21,766 26 City Hall 19,500 12,444 7,055 36 Reserve 3,650 255 3,394 93 Engineering 134,500 73,148 61 ,351 46 ..Building Inspector 108.900 58.91.3 49,986 46 Assessing 85,000 42,434 42,565 50 Poli_e 475,200 266,080 209,119 44 . Fire 79,5O0 52,847 26,652 34 Civil Defense 11200 (3,348) 49548 -- Animal Control 12,000 5,324. 6,675 56 Prosecution 17,000 13,400 3,599 21 Public Works 227,100 118,619 108,480 40 Parks 83,300 48,326 12,273 42 Community Services-Adm. 56,000 32.729 . 23,270 42 -- Recreation Programs 171 .500 76,673 94,826 55 Human Services 180100 9,932 8,167 45 Planning 52,000 27,702 24,297 47 Guide Plan 12,000 (7,135) 191,135 -- Tree Disease 123000 13,813 109,486 89 Equipment Flantenance 111 ,000 77,386 33,613 30 Capital Outlay Parks 36,000 (2,503) 389503 -- Historical/Cultural 11 ,000 11 ,000 -- 21348,650 1 ,276,027 9931,622 46 a C 1980 BUDGET INFORMATION REVENUE EXPENDITURES Taxes 46% General Government 24% Other Agencies . 14 Public Safety 20 Licenses 1 Publ-Ic Works -22 Permits & Fees 21 Parks 4 Recreation 2 Community Services 9 Fines 1 Reserve 5 Other Funds 11 Tree Disease 3 Other 4 Benefits & Insurance 13 Fund Balance l/l/79 $423,000 Appropriated During 1979 771 00000) 352,000 Addition from 1979 Operations 1�50* 9000 Applied to 1980 Porposed Budget 176.000 Estimated Balance 12/31/79 $326,000 JDF 9/7/79 f.