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City Council - 01/06/1987 I { a APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , JANUARY 6 . 1987 7 : 30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane , Planning Director Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A . Dietz and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . SWEARING IN CEREMONIES FOR MAYOR GARY PETERSON AND COUNCILMEMBERS DICK ANDERSON AND JEAN HARRIS City Attorney Pauly administered the oath of office to Mayor Gary Peterson and to Councilmembers Jean Harris and Richard Anderson. } I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda:. XI . A . Cross Country Ski Trail ; XI. B . Resolution No 87-08 . MOTION: Bentley moved, seconded by Pidcock to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously . I I . MINUTES OF CITY COUNCIL MEETING HELD DECEMBER 2 , 1986 The following changes were made to the Minutes: page 2 , para- graph 9, sentence i -- change "upgrade" to "enlarge" i and page 3 , paragraph 1 , sentence 2 -- change "rick" to "brick" . MOTION: Bentley moved , seconded by Pidcock, to approve the Minutes of the regular City Council meeting held December 2 , 1986 , as amended and published . Motion carried unanimously. III . CONSENT CALENDAR it *t A City Council Minutes -2- January 6, 1987 A . Clerk ' s License List B . Set Special Meeting with Park Bond Referendum Committee and Parks , Recreation & Natural Resources Commission for January 15 , 1987, 7 :30 PM, at the School Administration Boardroom -� _--- C . Appointment of Fox , McCue & Murphy to serve as auditors for the City of Eden Prairie for 19 D . Resolution No 87-01 , designating the Official City News- paper E . Resolution No . 87-02 , authorizing City Officials to transact banking business F. Resolution No . 87-03 , authorizing use of facsimile signa- tures by Public Officials G. Resolution No . 87-04, designating depositories H . Resolution No . 8Z-05 , authorizing the treasurer to invest City of Eder. Prairie funds MOTION: Bentley moved, seconded by Anderson, to approve Items A - H of the Consent Calendar. Motion carried unani- mously. IV . PUBLIC HEARINGS There were no hearings . V . PAYMENT OF CLAIMS NOS . 31811 - 31932 and 31942 - 32218 Regarding Item No . 32001 to the City of Bloomington, Harris asked if this is a fee for impounding cars. City Manager Jullie said this is payment of impound service for animals . Pidcock asked what Item 32043 to Electric Service Co . for $12 ,668 was for. Jullie said this was payment for new sirens installed . Pidcock asked what Item 32063 to Greater Mpls. Area for $50.00 was . Jullie said this is a fee for subscription to their publication. ti Pidcock asked what Item 32083 to IBM for service was . Jullie said this was service on either typewriters or the copier. Regarding Item 31932 to Edina High School for a refund of ice time, Anderson asked if they rent ice from us now. Director City Council Minutes -3- January 6 , 1987 of Community Services Lambert said this was for one game that the Edina team played for which they were unable to reserve time on their own ice . MOTION: Bentley moved , seconded by Pidcock , to approve the Payment of Claims Nos . 31811 - 31932 ; 31942 - 32218 . Roll call vote : Anderson, Bentley, Harris, Pidcock and. Peterson voted "aye . ', Motion carried unanimously. V I . ORDINANCES & RESOLUTIONS There were none . V I I . PETITIONS , REQUESTS & COMMUNICATIONS A. Request from Quail Ridge to sell Housing_ Revenue Bonds City Manager Jullie said that this issue hasn't been finalized and that they are continuing negotiations with the insurance company involved . He said the item should be continued . MOTION: Bentley moved , seconded by Pidcock, to refer this request back to Staff and to direct Staff to bring the request back on the Agenda when it is appropriate . Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS A . Appointment of Councilmember to serve an unexpired term to January 31 , 1988 on the South Hennepin Human Services Council; and 4p pointments of two consumer representatives to serve two year terms to 1/31/89 Mayor Peterson noted that we are required to appoint a Councilmember to serve the unexpired term on the South Hennepin Human Services Council held by former Council- member Redpath . A discussion of the duties and obliga- tions of the position followed . MOTION: Bentley moved, seconded by Pidcock, to appoint Councilmember Harris to serve the unexpired term to January 31 , 1988 on the South Hennepin Human Services Council and to appoint Nelma Mavison and Pat Nash to serve two year terms to January 31 , 1989 as consumer representa- tives to the South Hennepin Human Services Council . Motion carried unanimously. I�. ,t City Council Minutes -4 January 6 , 1987 P . Resolution No . 87-07, appointing Director and Alternate Director to the Suburban Rate Authority for 1987 MOTION: Pidcock moved , seconded by Harris, to adopt Resolution No . 87-07, appointing John Frane as the Direc- tor and Richard Anderson as the Alternate Director to the Suburban Rate Authority . Motion carried unanimously . C . Resolution No . 87-06 , designating the official meeting dates, time and place for the City of Eden Prairie Council Members in 1987 and appointing an Acting Mayor MOTION: Pidcock moved , seconded by Harris, to adopt Resolutior No . 87-06 , designating the official meeting dates, time and place for the City of Eden Prairie Council in 1987. and appointing George . Bentley as Acting Mayor . Motion carried unanimously. D. Association of Metropolitan Municipalities - Appointment of 1 Representative and 4 Alternates MOTION: Bentley moved, seconded by Pidcock, to appoint Mayor Peterson as the City' s Representative to the Associa- tion of Metropolitan Municipalities with Councilmembers Anderson, Bentley, Harris and Pidcock as alternates . Motion carried unanimously. Pidcock asked when the first meeting of the A .M .M . would be . City Manager Jullie said he was not sure but would report back on it . E. Health Officer - Appointment of 1 Health Officer for the year 1987 . Appointment by Mayor with consent of Council . As a point of information, Mayor Peterson commented that the Community Health Services Act names the Hennepin County Board of Commissioners as the Health Board so it is no 'Longer necessary for the City of Eden Prairie to appoint its own Health Officer. The present Health Officer appointed by the County Board is Dr. Richard Raile . F. WAFTA Board (Western Area Fire Training Association) - Appointment of 1 Representative to serve a 1-year term commencing 1/1/87 MOTION: Anderson moved, seconded by Harris , to appoint George Bentley as the Representative to the WAFTA Board . Motion carried unanimously . G. Appointment of City Attorney for 1987 MOTION: Pidcock moved, seconded by Harris, to appoint the firm of Lang, Pauly & Gregerson, Ltd . as City Attorney for 1987 . Motion carried unanimously. City Council Minutes -5- January b , 1987 X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council Members Councilmember Bentley expressed concern about the thin ice j he observed at the Preserve pond skating rink and said he thought it should be posted to warn people of the ice con- ditions . He also noted there may be other similar ponds in the City with thin ice conditions . 3 Bentley also asked when the street lights just west of the bridge over Anderson hakes Parkway will be operational .. Director of Public Works Dietz said he was not aware that the lights were not working and would check on it . Bentley then noted his amusement at the unusual sign posted outside Preserve Park regarding dog droppings . Director of Community Services Lairbert said it is the international sign used for such warnings . Councilmember Anderson noted his approval of the use of logs to block some of the roads in certain parts of the City in order to limit access . A discussion followed as to where such road blocks existed and for what purpose . B . Report of City Manager 1 . Report on appointments to the Committee on Bicentennial of the U . S . Constitution City Manager Jullie said Staff recommends that appoint- ments to this Committee be made part of the Council' s regular appointment process tw C^ma^:icsi^ns, h'c Knd Committees in February . MOTION: Bentley moved , seconded by Anderson, to accept the recommendation of Staff to appoint members to the Committee on Bicentennial of the U. S. Constitution as part of the Council 's regular appointment process in February. Motion carried unanimously. C . Report of City Attorney City Attorney Pauly expressed his thanks for his reappoint- ment as City Attorney. He also noted that Mr. Dorenkemper has again sued the City. He reviewed the details of the lawsuit and the history of previous lawsuits involving Mr. Dorenkemper.Mayor Peterson noted his pleasure at Mr. Pauly's firm estab- lishing an office in Eden Prairie . , „x `t ,w r City Council Minutes -6- January 6 . 1987 XI . NEW BUSINESS 1 . Cross Country Ski Trail Director of Community Services Lambert reviewed his dis- cussion with Chuck Pappas of the Flagship Athletic Club regarding establishing a cross country ski trail around the Purgatory Creek recreation area. He noted that this is only in the discussion phase and that there are several obstacles to overcome before such a trail could be built , such as obtaining the approval of the 12 property owners involved , -he two creek crossings that would be required , the clearing of vegetation on one side of the creek, and parking facilities to be provided . Lambert said he would like the Council to authorize Staff to proceed with this and to accept the responsibility for liability and maintenance of the trail if it is built . He noted that property owners have not yet been contacted . Anderson noted he thought this was a super idea. He asked if the trail would hook up with the Staring Lake trail . Lambert replied that this wouldn't be possible at this time but such a connection would be provided in the future . Bentley said he also thought it was a good idea and asked if the configuration is designed to follow the ultimate pathway proposed in the park plan. Lambert said it is . Bentley then asked if there was a cost estimate for putting it in. Lambert said the current deal with Mr . Pappas is for the Flagship to pay for the costs of putting in the trail and then the City will maintain it . , Peterson asked how the trail crosses the creek at Anderson Lakes Parkway . Lambert replied that there is a culvert with dirt over it just north of the roadway that will be used for the trail . Harris asked Lambert if he foresaw any resistance to the proposal on the part of the property owners . Lambert said he could see four problem areas -- the Carmody' s because they are not in town, a property under sale, one that has gone bankrupt and the Hyde property. Peterson asked City Attorney Pauly if the City could effec- tively hold harmless the property owners by stating that the City assumes responsibility for the trail . Pauly said we could but that we should make sure to have the proper insurance coverage . Partly also said the fact that the City M K { City Council Minutes -7- January 6, 1987 would agree to indemnify a property owner for any liability would not preclude a third party from suing the property owner. Pidcock asked what the insurance costs would be for the trail . Lambert said he thought we would have to make sure we notify them that we are adding this ski trail and that their major concerns would be how it is main- tained and that there are no steep hills or sharp turns . He said this terrain is very flat so there shouldn 't be a problem,but the insurance company would probably want to look at it . T MOTION: Anderson moved, seconded by Pidcock , to permit Staff to continue to study the details and explore the feasibility of a cross country ski trail in the Purgatory Creek recreation area. k Anderson asked if it would be possible to cross the creek further to the north of the proposed crossing. Lambert said that would require putting in a bridge and would probably cost $30 ,000-$40 , 000 . F Pidcock noted that she would like to see all the costs that will be involved in this project when it is brought back to the Council . VOTE ON THE MOTION: Motion carried unanimously . 2 . Resolution No . 87-08 Mayor Peterson reviewed the resolution proposed by Ms Dottie Ewert on behalf of the local Toughlove group and the Eden Prairie Parents Support Group to proclaim the month of a February as "Eden Prairie Loves Its Kids" month . MOTION: Bentley moved , seconded by Harris, to adopt Reso- lution No . 87-08, proclaiming February, 1987, as "Eden Prairie Loves Its Kids" month . Motion carried unanimously. Harris asked why the Council Agenda does not include the estimated times for the beginning of each item, particularly for Public Hearings . Peterson replied that this had been discussed but that he was reluctant to stop testimony at Public Hearings, and further, that he believed it was im- possible to know that an item is going to take a certain amount of time . Harris asked Planning Director Enger to describe the experi- ence of the Planning Commission with such a timed format . I City Council Minutes -8- January 6 , 1987 Enger said this resulted from some suggestions last year and was initiated along with sign-up cards for those wishing to speak at the Public Hearings . He said the times are estimates and they have had no complaints on the estimated times being inaccurate but have had numerous complaints that all Public Hearings are published as 7;30 PM . He also said the Planning Commission meetings move much more quickly with the estimated time format . Anderson suggested that this be put on the Agenda for a future meeting so that Staff can present some recommenda- tions on organization of the Council meetings and the Council can then discuss the recommendations and take appropriate action. XI I . ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 8:25 PM. Motion carried unanimously. i s