City Council - 01/08/1980 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 8, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt,
Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger
Pauly; Director of Community Services Bob Lambert;
Finance Director John Frane; City Engineer Carl
Jullie; and Joyce Provo, Recording Secretary
INVOCATION: Councilman Dave Osterholt
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I . OFFICIAL DESIGNATION
A. Appointment of Acting Mayor for 1980
MOTION: Osterholt moved, seconded by Edstrom, to appoint Councilwoman
Sidney Pauly as Acting Mayor for 1980. Osterholt, Edstrom, Redpath
and Penzel voted "aye" ; Pauly "abstained". Motion carried.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item IV. D. 2nd Readingof Ordinance No. 79-32, rezoning 10 acres from Rural to
R1-13. 5 for Overlook Place by 11ustad Development Corporation and developer's
agreement was deleted from the Consent Calendar and placed under IX. ORDINANCES
& RESOLUTIONS as item J.
The following items were removed from the regular agenda and placed under
the Consent Calendar: IX . A. Resolution No. 80-01 , authorizing use of
facsimile signatures by Public Officials; IX. B. Resolution No. 80-02 , authorizing
the treasurer to invest City of Eden Prairie Funds ; IX . C. Resolution No. 80-03,
designa tind an official newspaper; IX. D. Resolution No. 80-04 , authorizing City
Officials to transact Banking Business ; IX. F. Resolution No. 80-06, designating
the official meeting dates , time and place for the Cif of Eden Prairie Council
members in 1980; IX. G. Resolution No. 80-07, setting sale of$33—,500 ,000.00 Park
Bands for February 19, 1980; IX. I . Resolution No. 80-12, entering into an
agreement with the Minnesota Department of Public Safety for the loan of three
roadside breath testers; X. C. 1. Renewal of contract for Animal Patrol Services
with Metropolitan Animal Patrol Services, Inc. --PSI ;X. C. 2. Approval of Local
49 Contract; X. D. 1 . Receive and award bids for Senior Citizen Van to Gelco 1
Fleet & Management Services Company!in the amount of $7,500-00.
Cit Manager's Salary for 1980 was added under the "New Business" category
item XI . Ate.
MOTION: Redpath moved , seconded by Pauly, to approve the agenda as amended and
published. Motion carried unanimously.
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Council Minutes - 2 - Tues. ,aanuary 8, 1980
III . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 18, 1979
Pg. 4, VI . A. 1 , 1st para. , 3rd line, at the end of the line add "Indo-" .
Pg. 5, item D. 2. 2nd para. , 7th line, after "meet," , add the following
language: "Edstrorn indicated that he thought it may be wise to continue the
Committee during the design and construction process to provide a liaison with
the architect and contractor, to review plans, to make any appropriate
recommendations on design details or change orders, and to provide a focus
for continuing the cooperation and communication between the City and School
Board during the design and construction period, He felt that continuing the
Committee would facilitate the process, but would defer to the recommendations
of the Parks, Recreation & Natural Resources Conunission on the subject, "
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the
City Council meeting held Tuesday, December 18, 1979, as amended and published.
Motion carried unanimously.
IV. CONSENT CALENDAR
A. Clerk's License List
B. Receive 100% petition and order improvements for Duck Lake Vista, I .C .
51-367 Resolution No. 80-10
C. Renewal of Metropolitan Waste Control Commission 's Joint Use Rental
Agreement No- 438
4L D. 2nd Reading of Ordinance No. 79-32, rezoning 10 acres from Rural to R1-13.5
for Overlook Place by Hustad Development Corporation and developer' s
agreement This item was removed from the Consent Calendar and placed
as item IX. J.
E. 2nd Reading of Ordinance No. 79-41 , rezoning from R1-22 to Office and
RM 2.5 for an office building and an elderly apartment for Prairie Village
Professional by Eagle Enterprises , and developer's agreement City Attorney
Pauly explained additional language will be added to items 3 and 4 on page
l of the developer's agreement, and requested the Council approve same with
language to be worked out by City Attorney. Council approved City Attorney
Pauly's request.
F. Set Public Hearing for Proposed Special Assessments on Diseased Trees for
February 5, 1980
G. Resolution No. 80-01 , authorizing use of facsimile signatures by Public
Officials (formerly item IX. A. ).
H. Resolution No. 80-02, authorizing the treasurer to invest City of Eden
Prairie Funds formerly item IX. B. , e
i
I. Resolution No . 80-03, designating an official newspaper (formerly item IX. C. )
J. Resolution No . 80-04, authorizing City Officials to transact Banking Business
formerly item IX. D. .
K. Resolution No . 80-06, designating the official meeting dates, time and
lace for the City of Eden Prairie Council members in 1980 with the exception
of January formerly item IX. F. .
Council Minutes - 3 - Tues. ,January 8, 1980
L. Resolution No. 80-07, setting sale of $3,500,000.00 Park Bonds for
February 19, 1980 formerly item IX. G.).
M. Resolution No. 80-12, entering into an agreement with the Minnesota F
Department of Public Safety for the loan of three roadside breath testers
formerly item IX. 1 . ) .
N. Renewal of contract for Animal Patrol Services with Metropolitan Animal a `
Patrol Services , Inc. MAPSI formerly item X. C. 1 . ) .
0. Approval of Local 49 Contract (formerly item X. C. 2. ).
P. Receive and award bids for Senior Citizen Van to Gelco Fleet & Management
Services Company in the amount of 7,500.00 formerly item X. D. 1 . ) .
MOTION: Osterholt moved, seconded by Redpath, to approve items A -- C, excluding
item D which was moved under IX. Ordinances & Resolutions as item J , and
approving items E - P. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and
Penzel voted "aye". Motion carried unanimously.
V. PUBLIC HEARINGS
A. Vacating drainace and utility easements along northerly line of Lot 2,
Block 2, Shams Oak Industrial Park Reso ution No. 80-09
City Manager Uls tad explained the proponent, Richard Anderson , has requested
withdrawal of this request and suggested the Council could proceed and close the
IL Public Hearing and move to take no action.
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing
on vacating drainage and utility easements along northerly line of
Lot 2, Block 2, Shady Oak Industrial Park and to take no action. Motion
carried unanimously.
VI . PAYMENT OF CLAIMS NOS. 6797 - 6955
MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos.
6797 - 6955. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye";
Pauly "abstained". Motion carried.
VII . REPORTS OF ADVISORY COMMISSIONS
No reports.
VIII. APPOINTMENTS
A. Metropolitan League of Municipalities - Appointment of 1 Representative
and 4 Alternates
MOTION: Edstrom moved, seconded by Osterholt, 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 t Health Officer for the year 1980 1
MOTION: Osterholt moved, seconded by Edstrom, to reappoint Dr. Fredric Ekrem
as Health Officer for 1980. Motion carried unanimously.
Council Minutes - 4 - Tues . ,January 8, 1980
C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban
Rate Authority for 1980
MOTION: Edstrom moved seconded b Pauly, to reappoint City Engineer Carl
Y Y pP Y 9
-iullie as the Representative to the Suburban Rate Authority for 1980. Motion
carried unanimously.
D. South Hennepin Human Services Council - Appointment of 2 Representatives to
serve 2 year terms commencing 2/l/80
MOTION: Redpath moved, seconded by Edstrom, to reappoint Councilwoman Pauly
i
and Finance Director Frane as representatives to serve on the South Hennepin
Human Services Council for 2 year terms commencing 2/l/80. Motion carried
unanimously.
- Appointment of Assistant Weed
E. Assistant Weed InspectorInspector for 1980
MOTION: Osterholt moved, seconded by Pauly, to appoint Wes Dunsmore the
Assistant Weed Inspector for 1980. Motion carried unanimously.
F. WAFTA Board - Appointment of 1 Representative for a 1 year term.
MOTION: Edstrom moved, seconded by Osterholt, to reappoint Robert Pemberton
to serve as the representative on the WAFTA Board. Motion carried
unanimously.
IX. ORDINANCES & RESOLUTIONS
4LA. Resolution No. 80-01 , authorizing use of facsimile signatures by Public
Officials
This item was moved to the Consent Calendar (IV. G. ).
B. Resolution No. 80-02, authorizing the treasurer to invest Cii:y of Eden
Prairie Funds
This item was moved to the Consent Calendar (IV. H. ).
C. Resolution No. 80-03, designating an official newspaper
This item was moved to the Consent Calendar (IV. I. ).
D. Resolution No. 80-04, authorizing City Officials to transact Banking Business
This item was moved to the Consent Calendar (IV. J. ).
E. Resolution No. 80-05, designating depository for the City of Eden Prairie
City Manager Ulstad explained the City now experiences two banks in our City
and Suburban National Bank has been the official City depository in the past.
Ulstad recommended that the Council consider designating both the First
State Bank (formerly known as the Prairie State Bank) and Suburban National Bank
as depositories for the City of Eden Prairie; Suburban National Bank for liquor
receipts and First State Bank for all other accounts.
Ulstad further suggested the Council consider rotating from one bank to
the other on a two year basis for all accounts , with the exception of liquor
receipts which should always remain with Suburban National Bank because of
their satellite bank being located in close proximity to the liquor store
in the Prairie Village Mall .
Council Minutes - 5 - Tues . ,January 8, 1980
E. Resolution No. 80-05 , designating depository for the City of Eden Prairie
(continued
Roy Terwilliger, President of Suburban National Bank, expressed his appreciation
for the past business from the City and while they aooreciate the business
and want to continue to be of service to the City, they do not want the Council
to feel they are caught in an uncomfortable position between two community
minded organizations that want the best for the community.
Joseph Clemons , President of the First State Bank, felt it would be fair to
have the depository at each bank for 2 or 3 years , and then transfer
the funds to the other bank for the same period of time. Clemons explained
this has been done in other communities and it has been very successful and
fair.
Councilman Redpath stated he would abstain from voting on this item as he
has 20 shares of stock in Suburban National Bank.
MOTION: Edstrom moved, seconded by Pauly, to adopt Resolution No. 80-05, r .
designating despositories for the City of Eden Prairie - Suburban National
Bank for liquor receipts , and the First State Bank for all other accounts.
Edstrom, Pauly, Osterholt and Penzel voted "aye" , Redpath "abstained".
Motion carried.
F. Resolution No. 80-06, designating the official meeting dates, time and place
for the City of Eden Prairie Council members in 1980 with the exception
of January
This item was moved to the Consent Calendar ( IV. K. ) .
G. Resolution No. 80-07, setting sale of $3,500,000.00 Park Bonds for February
19, 1980
This item was moved to the Consent Calendar (IV. L. ) .
H. Resolution No. 80-11 , authorizing participation in the Suburban Police
Recruitment System
It was the general consensus of the Council that the contract was too open-
ended and that the City would lose some of its local control in selecting
police officers. The question was also raised as to the makeup of
Public Management Consultants.
MOTION: Osterholt moved, seconded by Pauly, to refer the contract for
participation in the Suburban Police Recruitment System to City Attorney
Pauly for review, to be brought back to the Council on January 22nd. Motion
carried unanimously.
I. Resolution No. 80-12, entering into an agreement with the Minnesota
Department of Public Safety for the loan of three roadside breath testers
This item was moved to the Consent Calendar (IV. M. ).
J. 2nd Reading of Ordinance No. 79-32, rezoning 10 acres from Rural to R1-13,5
for Plac ad Development Cor orat on and developer's agreement
formerly item IV.D. . i
MOTION: Redpath moved, seconded by Pauly, to adopt the 2nd Reading
Council MillutL-s _ 6 - Tues. ,January 8, 1980
J. 2nd Reading of Ordinance No. 79-32 (continued) 3
of Ordinance No. 79-32 as amended by City Attorney Pauly, rezoning 10 acres
from Rural to R1-13.5 for Overlook Place by Hustad Development Corporation.
Redpath, Pauly, Edstrom and Penzel voted "aye" ; Osterholt voted "nay" . Motion
carried.
MOTION: Pauly moved, seconded by Redpath, to approve the developer's
agreement for Overlook Place by Hustad Development Corporation. Pauly, Redpath,
Edstrom and Penzel voted "aye" ; Osterholt voted "nay" . Motion carried.
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS x
A. Reports of Council Members
1. Moor Penzel referred to two invitations which he has received, one
from Duane W. McCarty, Mayor, Mounds View/Paul F. Scheuneman, Mayor of
Burnsville., to attend a meeting on Wednesday, January 16, 1980, to talk
about the Metropolitan Council in the area of local government, and
the other from the Metropolitan Waste Control Commission regarding x
a luncheon meeting to be held Tuesday, January 15th,at the Ramada Inn
in Bloomington to preview the final phase of the regional 201 Facilities
Planning Program for future sewer service.
y
2. Councilman Edstrom explained the special advisory committee of
Hennepin County f"or disposal of waste, to which the Counci 1..appoi rated
him a member, will be meeting shortly.
4L B. Report of City Attorney
City Attorney Pauly informed the Council that City Staff will be meeting
with Rodger Jensen on the codification of ordinances on January 14th.
C. Report of City Manager
I.� Renewal of contract for Animal Patrol Services with Metropolitan Animal
Patrol Services, Inc. (MAP-STy—
This item was moved to the Consent Calendar (IV. N.
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2. Approval of Local 49 Contract
This item was moved to the Consent Calendar (IV. 0. ).
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3. Appointment of City Attorney
MOTION: Osterholt moved, seconded by Edstrom, to reappoint Roger Pauly
as the City Attorney for 1980 as per the City Manager's recommendation.
Osterholt, Edstrom, Redpath and Penzel voted "aye"; Pauly "abstained".
Motion carried.
D. Report of Director of Community Services
1. Receive and award bids for Senior Citizen Van
This item was moved to the Consent Calendar (IV. P. ).
Council Minutes - 7 - Tues. ,January 8, 1980
2. Bluff Property Preservation
Director of Community Services Lambert referred to his memo dated
January 3, 1980, requesting if the Council believes that open space is
a good use of the bluff portion of the Peterson farm, tv a t a letter be
sent to the Fish and Wildlife Services stating so.
MOTION: Redpath moved, seconded by Pauly, to direct Staff to send
a letter to the Fish and Wildlife Services indicating that the Council
would be interested in having the bluff portion of the Peterson farm
preserved as open space, and the Council would also be interested in knowing
what their plans are before a specific position is taken by the Council .
Redpath, Pauly, Osterholt and Penzel voted "aye" ; Edstrom "abstained".
Motion carried.
3. Request from Parks , Recreation & Natural Resources Commission on policy
regarding park fees on subsidized housing
Director of Community Services Lambert spoke to his memo dated January
3, 1980, regarding the Parks , Recreation & Natural Resources Commission's,
request for a policy regarding park fees on subsidized housing.
MOTION: Redpath moved, seconded by Osterholt, that a policy be implemen.40
waiving the cash park fee on all subsidized housing.
Pauly preferred waiving the cash park fee on "elderly subsidized housing"
rather than all "subsidized housing". Penzel further added he has concern
about waiving the park fee on a situation of 100's of units such as
the townhouse/apartment style complex; however, could see the merit of making
a reduction but not convinced eliminating the cost altogether is reasonable'.
General discussion took place.
Redpath called the previous question.
VOTE ON MOTION: Redpath, Edstrom and Osterholt voted "aye" ; Pauly and
Penzel voted "nay" . Motion carried.
4. Developer's agreement for Valley Knolls 2nd Addition
MOTION: Redpath moved, seconded by Osterholt, to approve the deueloper-'s.,
agreement for Valley Knolls 2nd Addition which includes payment of the cash
park fee on the remaining 10 lots. Motion carried unanimously.
E. Report of Finance Director
1. Municipal Industrial Development Bond Guidelines (continued from December
18, 1979
Finance Director Frane referred to his notes on the City's thoughts about
industrial revenue bonds. Redpath requested that Frane put this information
into written form and submit to the Council .
Osterholt asked to see the changes made in the State Statutes which Mr.
Frane stated he would forward on to him.
MOTION: Redpath moved, seconded by Edstrom, to continue the M. I .D.B. Guidelines
to the February 5, 1980 Council meeting. Motion carried unanimously,
Council Minutes Tues. ,January 8, 1980
1. Municipal Industrial Development Bond Guidelines (continued)
r�neral discussion took place by Council members as to what should possibly
. ,g. ar in the guidelines.
Penzel suggested each Council member provide Finance Director Frane with a
list which he can compile as a general, consensus list. Council members
agreed with Penzel ' s suggestion.
Don Bachmeier, G. T. Mork, explained there seems to be a tendency amongst
cities to restrict speculative development. Bachmeier added the advantage
of tax exempt financing is extraordinary and he feels that there is nothing
inherent in the business of speculative development which should be restricted
from availing itself to that advantage. Their company has brought in perhaps
100 small businesses into the community and a good 25% of them are potential
builders of their own buildings. Mr. Bachmeier stated he hopes when the City
of Eden Prairie is taking these guidelines under consideration they would
hopefully not rule out speculative development.
2. Tax Increment Financing
Finance Director Frane spoke to his memo dated January 4, 1980, and Bill Fahey,
Ehlers & Associates, along with Mr. Frane answered questions of Council
members.
Council requested that this item be continued to a future meeting and that
examples, i .e. , Schooner Boulevard, be provided to the Council on how
, tax increment financing can work, and what impact it has on the School
r �,?�tt•ict.
IX.NEW BUSINESS
A. City Manager's Salary for 1980
MOTION: Osterholt moved, seconded by Edstrom, to set the City Manager's
Salary at $41 ,000.00 for 1980. Osterholt, Edstrom, Pauly, Redpath and Penzel
voted "aye" . Motion: carried unanimously,
X.ADJOURNMENT
MOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at
9:45 PM. Motion carried unanimously.
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