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City Council - 11/10/1981 - Special Meeting ( APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY , NOVEMBER 10, 1981 7:30 p.m. , CITY HALL CITY COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen CITY STAFF PRESENT: City Manager Carl J . Jullie , Director of Planning Chris Enger, City Engineer Eugene A. Dietz, City Attorney Roger Pauly, & Building Official Wayne Sanders ROLL CALL: all were present This special meeting of the City Council was called to review City Code, Chapters 1, 2, and 11 . There was general discussion among Council members and Staff regarding the organization of the Code and how the review process will be undertaken. Mr. Pauly indicated that the organization and content of each chapter can be in any logical form the Council may desire. The following changes and comments were made or suggested: CHAPTER_1 Section 1 .02 Subd. 7. Street is broadly defined. Definition should be kept in ;c;ind with respect to use of terra in other chapters . Subd. 12. Suggested that the subdivision include the term "public safety officer" since that is in common usage in the City (Note Chapter 2, Section 2.31, describing the Public Safety Department includes a police division and fire division. Insertion of the reference to public safety office should exclude members or employees of the fire division. ) Subd. 16. "Ordinance" should be changed to "this code" and "actor" should be changed to "violator." Subd. 17. Should read "adopted by the Council " since Council i s� defined . Subd. 22. After the word land, insert "together with improvements thereon. " I T City Council Minutes -2- November 10, 1981 s - - - Add definition of Planned Unit Development (PUD) { perhaps. Section 1.03 Perhaps there should be added a statement that in the event there is no specific provision, a violation should constitute a misdemeanor or petty misdemeanor , perhaps the latter. Section 1.03, 1.06 and 1 .09 Question raised as to the appropriateness of including in Chapter 1 . MOTION: Redpath moved, seconded by Bentley, to refer Chapter No. 1 back to Staff for updating. Motion carried unanimously. CHAPTER 2 General : Add a provision to allow adoption by resolution policies on personnel matters and special assessment policies. Section 2 .06 Add a requirement that in addition to the facsimile signature there be at least one manual signature unless that requirement is set forth in another chapter. Section 2.08 Change "Councilmen" to "Council members. " Is it possible to have the salaries set by resolution rather than by ordinance, or in the alternative, can the ordinance provide that the amount of the salaries be set by resolution? Salary changes to become effective following the next regular election. Section 2.09 Subd. 3. (a) Revise the third sentence to make the idea clearer. (b) Permit Council by a full vote of all members to adopt ordinance at same meeting as introduction. (c) Provide that amendments of any ordinance introduced shall not require a separate approval of introduction at a preceding meeting. In other vrords once introduced, the introduced ordinance can be amended in its entirety if the Council so desires at the time of its adoption without the necessity of a unanimous vote. Zoning ( matters shall take two readings. f City Council Minutes -3- November 10, 1981 Section 2. 10 - - - This section does not contain* a penalty. It should be a petty misdemeanor. Council requested a copy of Resolution No. 79-135. Section 2.30 Subd . 1. The subdivision should provide a description of the City Manager's position -- how is he selected, by whom, etc. Perhaps simply following the statutory provisions will be adequate. Section 2.31 Clarify that the Director of Public Safety holds two jobs. (1) as overall head of the department and (2) as having direct super- vision of the police division. Perhaps add after the second sen- tence the words "who shall have overall responsibility for the department." Section 2.33 Change the name to Director of Planning. Section 2.34 Change the name to Director of Community Services . Add "historical and cultural " to listed activities. Section 2.36 Change to City Attorney. Strike all references to legal department, head of this department, etc. Section 2.50 (a) First sentence strike the words "boards and" since some boards are more than advisory. Perhaps some commissions also are advisory --what about Planning Commission? (b) Appointments are made by the Council . (c) There should be a provision whereby upon unanimous consent of full Council a person may serve for more than two terms. (d) Strike the reference to chairman having to be a member for at least one year. (e) Provide for a chairman, vice chairman and secretary. In absence of chairman and vice chairman, provide that members can elect an acting chairman for the meeting. City Council Minutes -4- November 10, 1981 f (r; The provisions relating to removal should simply provide for removal for just cause on a 2/3 vote of the whole Council . (g) All members shall be residents of the City, except for Development Commission and Flying Cloud Advisory Commission. Section 2.51 Subd. 1 . Strike the last sentence requiring a member to be a member of the Planning Commission. Subd. 2. Strike the last sentence. 'd 3 The remainder of the section should follow the present Ordinance 77-6 and its predecessor together with such changes as may be required by State Statute. The latter includes the giving of notice to the Planning Commission and the opportunity of the Planning Commission or its designee to comment within a period of 30 days. City Council to receive a summary sheet of action taken by Board of Appeals after each meeting. Section 2. 52 Add "residential " to #A and E . Section 2.53 Check this provision against the state building code Re: duties and right to appeal . Does the Council have final authority with regard to the Building Code? Section 2.54 This also should follow current ordinance, however, it should be updated to make it consistent with the present planning act, particularly reference should be given to the role of the Planning Commission in the adoption and amendment of the Comprehensive Guide Plan. See the Metropolitan Council Statutes. Strike last sentence in #D, Subd. 2. In #G, strike all after "concerning" and add "requirements of law and as de- fined in Chapters 11 and 12 of this Code." Section 2.56 Subd. 2. B. Change draft to maintain. N. Insert the word "group" before "home locations." L. Insert "recommend implementation of" in place of "implement" in the first line. _. City Council Minutes -5- November 10, 1981 Section 2.57 Strike the reference to no less than two members representing the Flying Cloud Airport Businessmen's Association. Strike the reference to the appointment by the Mayor in two places. Appoint- ment will be by the Council . Section 2.58 Subd. 2. Add a paragraph capital D to read "Recommendations for improvements of historical facilities ,including recommendations for potential funding sources !' Question is raised as to the inclusion in Chapter 2 of Sections 2.80, 2.81, and 2.84. MOTION: Moved by Tangen, seconded by Edstrom to adjourn the meeting at 10:45 p.m. Motion carried unanimously. y > ? . ... _.