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City Council - 01/06/1981 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES Tuesday, January 6, 1981 7:30 p.m. , City Hall COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney „. Roger Pauly; Planning Director Chris Enger; Finance Director John Frane, Director of Community Services Bob Lambert; City Engineer Carl Jullie; Joyce Provo and Karen Michael , Recording Secretaries. INVOCATION: Mayor Wolfgang Penzel ROLL CALL: All Council Members present. I. SWEARING IN CEREMONIES FOR MAYOR WOLFGANG PENZEL, COUNCILMAN GEORGE BENTLEY, AND COUNCILMAN GEORGE CANGEN. City Attorney Roger Pauly administered the oath of office to Councilman George Bentley, Councilman George Tangen, and Mayor Wolfgang Penzel . Mayor Penzel noted that tonight is City Manager Roger Ulstad's final meeting with the Council .. He stated that Mr. Ulstad has not only been a "Manager Extraordinaire" but he has also been appreciated as a good friend. We wish him well in his new endeavors. Mr. Ulstad replied that he is not leaving the City with any hard feelings and that he has enjoyed working with the City Council and Staff. He then introduced an addition to the staff, Karen Michael , who will be the recording secretary for the Council . She will spend approximately 20-24 hours a week in that capacity. Dean Edstrom took this occasion to thank Joyce Provo for all her services. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Regular Agenda: under the "New Business" category (X.) , A. Slope Ordinance.- B. Community Center Manager, and ri eria orSelectin New Cit—y Manager; and under the Reports of Advisory Commis- sions category I. ) Mick Anderson's letter. MOTION: Edstrom moved adoption of the agenda as amended and published, seconded by Redpath. Motion carried unanimously. City Council Minutes -2- January 6, 1981 { III . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2, 1980 MOTION: Redpath moved, seconded by Edstrom, that the minutes of the December 2; 1980 Council meeting be approved as published. Motion carried with Council- men Bentley and Tangen abstaining. IV. CONSENT CALENDAR A. Final plat approval for Bryant Lake Center (Resolution No. 81-10) B. Approve plans and specifications and order advertisement for bids for Water Works improvements,- I.C. 51-354 and 1 MG elevated storage reser- voir Resolution No. 81-09 C. Supplement Agreement No. 1 to Grant Contract No. 27-1094-02 D. Set date for Public Hearing for Diseased Trees for February 3, 1981 _ E. Set date for Public Hearing for Basswood Terrace - rezone 9 acres from RM 2. 5 to RM 6. 5 and T1-13. 5 for February 3, 1981 Redpath requested that item IX.C. 1. , "Request for Light in Pedestrian Under- pass" be moved to the "Consent Calendar". Mayor Penzel asked that the item referring to the right-of-way condemnation process involving staff to proceed if a satisfactory long-term solution cannot be worked out by the middle of the month also be added. MOTION: Edstrom moved, seconded by Bentley, that items A. , B. , C. , D. , E. as well as the request for light in pedestrian underpass and the right-of- way acquisition question be approved. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 4501 - 4562 and 4570' - 4741 MOTION: Redpath moved, Edstrom seconded, to approve Payment of Claims Nos. 4501 - 4562 and 4570 - 4741. Roll call vote: Bentley, Edstrom, Redpath, Tan- gen , and Penzel voted "aye". Motion carried. VI . REPORTS OF ADVISORY COMMISSIONS Bob Lambert stated that Mick Anderson had come before the Parks, Recreation, & Natural Resources Commission several months ago suggesting that the Commis- sion appoint a representative to the Advisory Council . This request was made by Mr. Anderson because the City had not been represented. The Parks, Recre- ation & Natural Resources Commission then forwarded this request to the Council at which time the Council suggested Mr. Anderson submit a letter to the Council for appointment in January. Redpath wondered how often the Advisory Council meets; Lambert said once a month, on the third or fourth Thursday. Redpath noted that since most of their programs deal with the Parks Department it would seem likely that the Parks, Recreation & Natural Resources Commission be represented. Penzel stated it is the Council 's choice -- we can send one of our own members, if someone is willing to volunteer; or the Parks, Recrea- tion & Natural Resources Commission can send someone. The matter was referred to the Parks, Recreation & Natural Resources Commission. City Council Minutes -3- January G, 1981 VII . APPOINTMENTS A. Metropolitan League of Municipalities - appoint l representative and al ternates. MOTION: Edstrom moved, seconded by Redpath, 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 1981 MOTION: Tangen moved, seconded by Redpath, to reappoint Dr. Frederic Ekrem as Health Officer for 1981. Motion carried unanimously. C. Suburban Rate Authority - appointment of 1 representative to the Suburban Rate Authority for 1981. MOTION: Redpath moved, seconded by Edstrom, to appoint George Tangen as representative to the Suburban Rate Authority with Carl Jullie as the alternate. Motion carried unanimously. D. South Hennepin Human Service Council - appointment of 2 repre- sentatives to serve 2 terms commencing 2-1-81 MOTION: Redpath moved, seconded by Edstrom, to appoint Rosemary Dysinger and to reappoint Mary Hayden to the South Hennepin Human Services Council . E. Assistant Weed Ins ector - appointment of Assistant Weed Inspector Tor 1981 MOTION: Tangen moved, seconded by Bentley, to appoint Wes Dunsmore as the Assistant Weed Inspector for 1981. Motion carried unanimously. F. WAFTA Board - appointment of 1 representative for a 1 year term MOTION: Bentley moved, seconded by Redpath, to reappoint Lowell Lund to the WAFTA Board. G. Planning & Zoning Commission - appointment of I representative to Till George Bentley's unexp red term to 2--28-83. The names of Dennis Marhula, Bob Hallet, and Mary Beth Buckman were placed into nomination. Upon tabulation of ballots, Bob Hallett was selected to serve on the Planning & Zoning Commission. MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Bob Hallett to the Planning & Zoning Commission. Motion carried unanimously. City Council Minutes -4- January 6, 1981 H. Parks, Recreation & Natural Resources Commission - appointment of 2 representatives to fill unexpired terms to 2-28-83. The names of Jerry Kingrey, Allen Upton, Marty Jessen , and Philip Parsons were placed into nomination. Upon tabulation of ballots, Jerry Kingrey and Marty Jessen were selected to serve on the Parks, Recreation & Natural Resources Commission. MOTION: Redpath moved, seconded by Edstrom, to cast a unanimous ballot for the appointment of Jerry Kingrey and Marty Jessen to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. I. Appointment of Acting City Manager - to fill the position to be vacated by koger Ulstad until a new manager is hired. MOTION: It was moved by Edstrom, seconded by Redpath, to appoint John Frane to the position of acting City Manager. Motion carried unanimously. Penzel asked council members to consider a salary edj ustment for the acting City Manager for the period of added responsibility. This matter can be considered at the next regular Council meeting. VIII. ORDINANCES AND RESOLUTIONS i A. Resolution No. 81-01. designating the official meeting dates, time and place for the City of Eden Prairie Council Members in 1981 and appointing an Acting Mayor. MOTION. It was moved by Tangen, seconded by Redpath, that the City Council of Eden Prairie meet: on the first and third Tuesdays of each month at 7:30 p.m. to be adjourned by 11:30 unless the time is extended by unanimous consent of the Council. Motion carried unanimously. MOTION: It was moved by Edstrom, seconded by Tangen, to appoint Paul Redpath acting Mayor. Motion carried with Redpath abstaining. B. Resolution No. 81-02, designating an official newspaper. MOTION: Redpath moved, seconded by Bentley, to designate the Eden Prairie News the official newspaper. Motion carried unanimously. C. Resolution No. 81-03, authorizing City Officials to transact banking business. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81-03. Motion carried unanimously. D. Resolution No. 81-04, authorizing, use of facsimile signatures b Public 0 ficia s. I MOTION: Moved by Bentley, seconded by Edstrom, to adopt Resolution No. 81-04. Motion carried unanimously. x City Council Minutes _5_ January 6, 1981 E. Resolution No. 81-05, designating depositories. MOTION: Moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-05. Motion carried unanimously. F. Resolution, No 81-06, authorizing the treasurer to invest City of Eden Prairie funds. MOTION: It was moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-06. Motion carried unanimously. G. Znd Reading of Ordinance No. 80-33, granting a franchise to Minnesota Cablesystems-Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Communication System in the City; setting_ forth conditions accompanying the grant of franchise; providing for regulation, and use of the System; and prescribing penalties for the violation of its provisions._ Mayor Penzel called attention to the letter placed before the Council this evening by Wayne Courtney for the Southwest Suburban Cable Commission. He. also called attention to the memorandum to the Mayor and City Council from: Richard F. Rosow, City Attorney's Office. The Mayor asked Mr. Rosow if the improprieties which allegedly occurred prior to one of the Southwest Suburban Cable Commission meetings would have an impact on the deliberations of this Council since this Council acts in an independent fashion with the Southwest Cable Commission being an advisory body. Mr. Rosow explained that any violation of the open meeting law under the most recent Supreme Court case does not void the action of the body that is accused of violating that law. The penalty is a misdemeanor and a 100 fine but the action remains valid,so even under that interpretation the actions of Southwest, if there was an impropriety, remain valid; and taking that one step further, the actions of the Southwest do not in any way affect the actions of this Council . Mayor Penzel established that all the Council members, although they may not have been officially part of the whole process , are wholly familiar with the background information provided by the applicants and have received the various communications that were sent to the Council ; therefore whatever decision or vote might be cast this evening is with full familiarity of the facts as they have been submitted. Mr. Rosow pointed out that applicants are also attending a City Council meeting in Hopkins this evening where a second reading of the ordinance is being heard. An attorney for the Commission had spoken with him and requested that this item be the last one on the Council agenda so the applicants might be able to make a statement if the opportunity arose. Mayor Penzel asked if the representatives in the audience had any ob- jections to that. Tom Ticen, Northern Cable Vision and Teleprompter representative, and David Jones, Minnesota Cablesystems-Southwest rep- resentative voiced no objections. MOTION: Edstrom moved, seconded by Redpath, to table this item to be the last item on the agenda. Motion carried unanimously. City Council Minutes -6- January 6, 1981 IX. REPORTS OF OFFICERS, BOARDS& COMMISSIONS A. Reports of Council Members 1. Federal Wildlife Refuge - Councilman Edstrom reported on a meeting he had attended' on December 18th in Shakopee put on by the Federal Wildlife Refuge authorities regarding the Minne- sota Valley Federal Wildlife Refuge which is proposed to take property from south of Shakopee to Fort SnelIing,including a large segment of property in Eden Prairie. The Council has previously supported this idea subject to Congressional action. Three alternatives were discussed: one of which was, for at least the Eden Prairie portion, practically no development; the next was for a trail system; while the third would provide for a nature center located roughly at the end of Eden Prairie Road. Edstrom discussed with Crozier, head of Fish & Wildlife Service, a presentation to the Eden Prairie City Council , the Parks, Recreation & Natural Resources Commission, and any interested residents. Mr. Lam- bert will arrange a special meeting as this same matter was discussed at last evening' s meeting of the Parks, Recreation & Natural Resources Commis-} sion. A February deadline for submitting a final master plan to the Fed- eral Government has been set so the meeting will be soon. 2. Hazardous Waste Commission - Councilman Bentley reported that the site selection process will be similar to the solid waste disposal site selection process. Meetings are now in process and are being held throughout the State. Six potential sites are to be selected. There has been no discussion of abatement. Edstrom noted that there will be a February 3rd meetinq of the Waste Manage- j ment Board and that is a Council meeting night. Bentley will see i if Sidney Pauly would be willing to attend that meeting. B. Report of the City Attorney Mr. Pauly reported on progress in discussions with Virgil Siefert re- garding purchasing some of his land for a park in the Red Rock area. Mr. Siefert is willing to consider the offer of the City and Mr. Pauly q is now in the process of putting together a package. On-Belay proposal : the proponent is now exploring some other avenues ! and is not proceeding with the percolation tests at the Franlo. site. Ulstad said he had further discussions with the proponent at which time the proponent discussed the feasibiity of a site near the Methodist Clinic and another north of Chester's in Edenvale. It was the general feeling that the site near the Methodist Clinic was the better of the two. Planning Director Enger said that the options within. a PUD would be better and either of the mentioned sites would fall in this category. Edstrom stated that this a facility we would like to have. Tangen said he would agree with incumbent members of the Council . C. Report of the City Manager 1. Request for Light in Pedestrian Underpass - moved to consent calendar. ah _ - -7- City Council Minutes January 6, 1981 ,F 2. National Wildlife Refuge Resolution (Resolution No. 81-08) - MOTION: Moved by Edstrom, seconded by Bentley, to continue ' this item to the January 20th meeting. Motion carried unanimously. D. Report of the Finance Director I. Clerk' s License List - Eden Prairie Steak Associates MOTION: Edstrom moved, seconded by Redpath, to approve an on-sale liquor license for 1981 for Eden Prairie Steak Associates. Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously- X. NEW BUSINESS A. Sloe Ordinance Penzel stated that just as we have ordinances for flood plains and certain other natural features,it might be desirable to again consider protecting slopes from developmEnt. This could be done by reviewing such ordinances in other communities. Bentley agreed it would be a useful toot and would like to see some criteria set down which would establish such an ordinance. Tangen felt other Commissions would welcome such an ordinance also. MOTION: Edstrom moved, Bentley seconded, that staff be directed to ( prepare an ordinance for the Council 's review. Motion carried unan- imously. B. Community Center Manager Ulstad reported that the selection process has begun for the hiring of a Community Center Manager with an advertisement in the Sunday newspaper. A member of two from the Parks, Recreation b Natural Resources Commission plus one or two members of the Staff will serve as the screening somnittee to narrow down the number of applicants. The Council will have the final say in who is appointed to this ad hoc committee. VIII. G. 2nd Reading of Ordinance No. 80-33 - fontinued from page 5) Mayor Penzel reiterated that all council members are,well aware of the details of all the proposals and of the various communications submitted by the applicants. MOTION: Moved by Edstrom, seconded by Redpath, to give 2nd reading to Ordinance No. 80-33, granting a franchise to Minnesota Cablesystems- Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Communication System in the City; setting forth conditions accompanying the grant of franchise; providing for regulation, and use j of the System; prescribing penalties for the violation of its provisions; and authorizing the Mayor and City Manager to sign all necessary docu- ments. ' Motion carried unanimously. a City Council Minutes -8- January 6, 1981 X. NEW BUSINESS - continued 9 V. Criteria for Selecting a, Neer City Manager Mayor Penzel recommended the first order of business be that of determining dates for the resume review, sessions. It was determined that Monday, January 12th and Thursday,. January 22nd would- be-best. The meetings will be at 7:30 p.m. , the first, one being in the Con- ference Room as there its a Planning $Zoning Commission' meeting that evening. To preserve the confidentiality of the applicants-, Mayor Penzel . reminded everyone to refer to -them only by the number which appears on the front page of each resume.- No reference will be made to home own either. Penzel said it might be a good idea to have two sets of questions, one set to be asked of- the "resume successful" candidates and the second set to be asked of the people who qualify fpr p&sontl 'in- terviews. Redpath suggested that each Councilman submit -ettght questions at the next meeting. Penzel noted that. the-last 'time the Council went through this process the personal iAtefvi ews lasted one and a half hours with the first 45 minutes. devgted. toque'toque's tioniing the candidate, the next 15 minutes were for questions from the can- didate, and the next 30 minutes were used by. the Council_ tio`discU!Ss . the merits of the candidate among the members -thems1itves. m A possible timetable was discussed. .Assuming _the Tast.,.aaoplicatiidns reach the Council on the 22nd of January we can look to: sending ,out candidate questionnaires before the end of January. if .things are running at high speed, we can look to have the. -answers baek abbut . February 15th, with the 20th being a more reailistic .date, thk- end of February we will again reduce the number: At this tin* we wi11 invite the candidates to Eden Prairie for. personal, • i:ntervidWt which will take a minimum of two weekends. If we decide4to visit the candidates' communities, we will have to allow time -for- his. "i Consideration must also be given to the fact that t pers-oA, atcdot& i ng the job must give 30-60 days notice which puts us somewhaat* WK.-.` tween May 15 and June 15 for a new City Manager. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the-A-feeting, at 10:01 PM. Motion carried unanimously. ?', ' r ., k ..:::.�- �"r--r— i'�1.s::f1,Mn +����:^u •rt-^S��w�t�w�ir�PY�+� r,.s