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HomeMy WebLinkAboutCity Council - 12/04/1979 i APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL -7SDAY, DEC€MBER 4, 1979 7:30 PM, CITY BALL C',.UNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney ' Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel FLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved to the Consent Calendar: VI . C. Resolution No. 79-222, authorizing filing of application for grants to acquire parkland under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund, and VII . C. 1. Receive and award bid for compressor for Fire Department. The following items were added to the Consent Calendar: Appointment of members to the Building Committee for the Community Center and authorization or City staff to obtain soil tests and to meet with the School-aarchitect` to discuss the building location. Discussion of Resolution No. 401 was added as item VII. C. 2. MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 6, 1979 MOTION: Os terholt moved, seconded by Pauly, to approve the minutes of the City Council Meeting held Tuesday, November 6, 1979, as published. Motion carried unanimously. III. CONSENT CALENDAR E A. Final plat approval for LeParc (Resolution No. 79-223) ## f B. Setting hearing for vacatin2 drainage and utility easements along West line of Lot 2, Block 2, Shady Oak Industrial Park Resolution No. 79-224 C. Resolution No. 79-222 authoriiing filing of application for gran-ts to acquire a�and under the provision of the Federal Land and Water Conseration Fund. Act and the State Natural Resources Fund formerly item VI . C. Council Minutes - 2 - Tues. ,December 4, 1979 D. Receive and award bid for compressor for Fire Department to American Bristol Unit in the amount of $13,090.00 formerly item VII . C. 1 . ) E. Appointment of members to the Building Committee for the Community Center Penzel recommended the appointments of Jerry Wigen, HAEP representative; Richard Buretta, Swimming representative, Director of Community Services ' Bob Lambert, City Staff representative, Dave Osterholt, Council representative, and Richard Anderson, Parks, Recreation & Natural Resources Commission f representative. Penzel explained two further appointments will be made by the School Board. F. Authorization for City staff to obtain soil tests and to meet with the School architect to discuss the building location MOTION: Osterholt moved, seconded by Edstrom, to approve items A - F on the Consent Calendar. Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye" . Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS_ 6399 - 6576 MOTION: Redpath moved, seconded by Osterholt, to approve Payment of Claims Nos. 6399 - 6576. Roll Call Vote: Redpath, Osterholt, Edstrom and Penzel voted "aye" , Pauly "abstained" . Motion carried. V. PUBLIC HEARINGS A. Hidden Glen PUD, request by Zachman Horses, Inc. Request for PUD concept approval .. for single family' detached lots some withou garages on app oximately 125 acres. Located east of TH 101 and south of Townline Road Resolution No. 79-198) Continued from November 6, 1979 City Manager Ulstad referred to the communication from Stephen T. Ryan, Zachman Homes, dated December 4, 1979, requesting that their application be withdrawn at this time. Dick Feerick, representing Joe Dolejsi , Sr. , and family, the owners of the property, requested a two week continuance on their behalf so they can review a few elements of the plan, at which time Mr. Feerick stated it is his intention to make the submission with the concurrence of the Dolejsi 's for approval . MOTION: Osterholt moved, seconded by Redpath, to continue the Hidden Glen PUD Public Hearing to December 18, 1979. Osterholt, Redpath, Pauly and Penzel voted "aye" ; Edstrom "abstained". Motion carried. B. Creekview Estates by Heinen & Burnett. Request to rezone from Rural to R1-13.5 and preliminary plat 25.5 acres into 29 single family lots. Located at 9840 and 9940 Bennett Place Ordinance No. 79-39 and Resolution No. 79-197) Continued from November 20, 1979 City Manager Ulstad stated Mr. Heinen has requested that this Public Hearing be continued to January 22, 1980 as he is waiting for additional information from the property owner across the street from his property. MOTION: Redpath moved, seconded by Pauly, to continue the Creekview Estates Public Hearing to January 22, 1980. Motion carried unanimously. 1--'ouncil Minutes - 3 - Tues. ,December 4, 1979 r. C. Willow Creek Farm_ V .Vernon Geiger.. Request to rezone 8 acres from Rural to R1-22. Located south of Willow Creek -Road and West of Flying Cloud Drive. (Ordinance No. 79-42) Mr. Vern Geiger, the proponent, spoke to the proposal and answered questions of Council members. Mr. Geiger was also represented by Page Longeway of Bermel= Smaby Realty. Planning Director Enger explained this item was reviewed at the Planning Commission on November 13th and was recommended for approval to the City Council subject to the Staff Report dated November 8, 1979, with the addition "there shall be no more than 4 additional lots added to the present one in the future" . Director of Community Services Lambert reported the Parks , Recreation & Natural Resources Commission reviewed this proposal on November 19th and recommended approval as per the Planning Staff Report and the Community Services Checklist. ti MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-42, rezoning 8 acres from Rural to R1-22 for Willow Creek Farm by Vernon Geiger. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to direct Staff to draft a developer' s agreement incorporating the recommendations of the Planning =.Orrmis- sion and Staff Report dated 11/8/79, placing restrictions on the property which would be filed of record and would preclude subdividing into smaller lots than those which are proposed, and directing the City Attorney to review the Willow Creek documents and then structure the documents in conformance with those covenants. Motion carried unanimously. D. Prairie Village Professional by Eagle Enterprises . Request for PUD Concept - approval and rezoning from R1-22 to Office and RM 2.5 for an office building and an elderly apartment. Located west of Prairie Village Mall . PUD Resolution. No. 79-218 and Ordinance No. 79-41 ) Lanc:P Norderhus. Eagle Enterprises, spoke to the proposal and answered questions of Council members. Mr, Norderhus added for the Council 's information that at the Planning Commission he stated they had signed a letter of intent with a doctor; however, it is no longer effective as the doctor has now acquired some land across the street and is planning on building a medical building. The proponents , according to 'Mr. Norderhus. have worked out two compromises with the neighbors on the elderly apartment, those being: 1) reducing the units to 45 units and 3 stories , and 2) orienting the building so the upper levels would not be looking into the neighborhood. . 6 F City Planner Enger explained this item was considered at the Planning Commission the 2nd meeting in September and continued to their November 13th meeting. The Planning Commission after reviewing the plan recommended to the City Council on a 6 - 0 vote the approval of the PUD and rezoning a portion of the 4.4 acres to RM 2.5 for elderly housing and a portion of the PUD to Office District, subject ` to the plan submitted by the developer and subject to the recommendations of (� the November 9th Staff Report. City planner Enger explained he, along with City Engineer Jullie, met with Bill Crawford of District 5 regarding the intersection of #4 and #5 within the last two weeks,and at this point there is no money forthcoming from the State nor any design time that they can contribute. However, Hennepin County has submitted some concepts to Eden Prairie staff as to geometrics of the intersection Council Minutes - 4 - Tues. ,December 4, 1979 D. Prairie Village Professional by Eagle Enterprises (continued) and they are now putting some cost estimates to those design features that can occur on County Road 4 so we can see what the bill might be and who might pay it. That information was not available at the time the Planning Commission recommended approval of this . This site in and of itself on the west side R.. of the Prairie Village Mall will contribute relatively little traffic,when taking the whole context of the intersection,as compared to some of the other developments. Director of Community Services Lambert reported that the Parks, Recreation & Natural Resources Commission first discussed this project on November 19th and had a problem with setting some kind of a precedent waiving the cash park fee and I really didn' t understand Section 8 housing that well and who was going to benefit by waiving the fee - the renter or the developer. The project was then continued to the December 3rd Commission meeting, and in the meantime Mr. Lambert stated he prepared a report that described just how the Section 8 housing works re- emphasizing that the developer wasn' t the first to initiate the request for waiving of the cash park fee and that the City is encouraged to provide any kind of assistance that is possible for this type of housing. On December 3rd the Commission did decide rather than charging the full $250.00 per unit, to recommend $100.00 per' unit, as long- as it is developed as a housing assistance type program for low and moderate income/elderly. Osterholt felt there should be some provision for 2 bedroom apartments as in some cases there might be two people who might prefer to have separate bedrooms , or when they have people visiting them to have the use of a bedroom. Mr. Norderhus thought the idea of one bedroom apartments was a requirement of HUD. r Edstrom questioned if the extension of the road would create a problem for the Church to the west. Enger replied the Church is resisting the idea of the road being extended. Their principal concern is for people coming from the west on Highway 5 that this could become a shortcut for the signal at #4 and #5, and people would take Cornelian Lane in through the service road and into the shopping center rather than negotiating the signal . Enger further commented there seems to be a possibility within the site plan to segregate the elderly housing in terms of a direct access so that it could be accessed from the west by a service road, and from the east by a more disjointed service road, so it would be the elderly housing that would have the full access and the bank and professional building would have the access off the shopping center area. The Church is concerned with that aspect of it. Enger stated at that point the Church is not so resistant, but they expect compensation. Enger reminded the Church we did not have the benefit of the site plan at the time their site was rezoned, and these were some of the things that were intangibles at that time. Penzel recalled the possibility of a service road was even under discussion at the time of the rezoning for the Church, and did not receive a very negative response at the time since they recognized the potential need for such an access. Pauly asked what commitment Eagle Engerprises should make to the county road improvements before approval is recommended. Enger replied the minimum commit- ment which the City can identify at this time iq right-of-way that the County feels they need (60 feet from center line). It is more of a commitment to say they will agree to a reasonable assessment as part of an assessment district. ro .ncil Minutes - 5 - Tues. ,December 4, 1979 � i D. Prairie Village Professional by Eagle Enterprises (continued) i9 f MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-218, approving the Prairie Village Professional Planned Unit Development and amending the 1968 Guide Plan. Edstrom, Osterholt, Pauly and Penzel voted "aye" ; Redpath "abstained Motion carried. MOTION: Edstrom moved, seconded by Osterholt, to give a 1st Reading to Ordinance No. 79-41 , rezoning from R1-22 to Office and RM 2.5 for an office building and an elderly apartment, Prairie Village Professional by Eagle Enterprises. Edstrom, Osterholt, Pauly and Penzel voted "aye"; Redpath "abstained" .1 Motion carried. MOTION: Edstrom moved, seconded by Osterholt, to direct staff to draft a developer's agreement incorporating the Staff and Planning Commission recommendations , waiving the cash park fee on the elderly housing and instructing staff to investigate through HUD the option of some two bedroom/guest facilities, and if their current regulations do not permit two bedroom apartments that we send a message to Washington with a strong urging that their requirements be modified to permit a percentage of multiple bedroom elderly housing units . Edstrom, Osterholt, Pauly and Penzel voted "aye" ; Redpath "abstained" . Motion carried. E. Request for Municipal Industrial Development Bond approval for Douglas & Roy Olson/Eagle Drug in the amount of 1 ,200,000.00. Resolution No. 79-221 Douglas Olson, one of the owners of Eagle Drug, spoke to the application and answered questions of Council members. Finance Director Frane explained the City Attorney's Office has reviewed the documents submitted by the applicant and found them all to be in order. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-221, granting preliminary approval for Municipal Industrial Development Bonds in the amount of $1 ,200,000.00 for Douglas & Roy Olson/Eagle Drug. Motion carried unanimously. F. Request for Municipal Industrial Development Bond approval for Cooperative Power Association in the amount of 8,000,000.00. Resolution No. 9-220 i 4 City Manager Ulstad explained proper notices have been published for this Public Hearing. A Public Hearing was considered previously on this request and approved; however, there was an error in the original publication which legally results in requiring the Council to hold another Public Hearing. Steve Jacobs with the investment banking firm of Dain Bosworth, who will be acting as underwriter for Cooperative Power Association, summarized the application and answered questions of Council members. Vern Carlson, Assistant General Manager of CPA, and Don Brauer, architect for the project, were also present and responded to questions raised by Council members. ! Finance Director Frane stated the City Attorney's office, along with himself, have reviewed the documents and find them in order. Council Minutes - 6 - Tues. ,December 4, 1979 F. Request for MIDB's for Cooperative Power Association (continued) Darwin Anderson, Alexandria, Minnesota, representing the Runestone Electric Association, spoke in opposition to the proposed building and referred to letter to Charles L. Anderson, President of Cooperative Association along with a letter to Robert W. Feragen, Administrator of the United States Department of Agriculture, Rural Electrification Administration. Mr. Anderson read the resolution adopted by the Runestone Electric Association in opposition to the proposed CPA headquarters in Eden Prairie. (All documents referred to were made part of the record) . Tom Rees, State Representative and member of Dakota Electric, asked Mr. Carlson to go into whether the cash flow that the Association now has could handle the planned improvements . Mr. Carlson replied they have sufficient lines of credit to carry any expenditures that they need for the interim period. They expect the total cost of this project is going to be 8 million dollars and have lines of credit that would carry any expenditures that would take place a; until such time as the sale of bonds. Cooperative Power Association intends to construct the building in more than one segment and will have a portion of the building available about mid-year of 1980 to take care of the communications system. This system is applied to monitor all of their substations so they know on a real time and current basis exactly what the demands are at each of the various substations. Connie De Buhr, Lakeville, Mn, representing Dakota Electric Association, spoke in opposition to the building CPA is proposing and read from letter dated April 27, 1979 from Mr. Henry Trapp, President of the Dakota Electric r Association addressed to Mr. Robert Feragen, Administrator of the Rural Electrification Administration, urging the rejection of the proposed headquarters in Eden Prairie. Ms. De Buhr stated she has signatures of 3,000 members of DEA opposing the building. Mayor Penzel requested these items be given to the Secretary to be placed into the record. (As Ms. De Buhr only had originals of documents she requested to be able to forward these at a later time, allowing her to make copies of same). Nancy Barsness, Cyrus , Mn. , consumer of Runestone Electric, spoke in opposition to the building proposed and stated they had not been properly notifed when CPA was first planning this headquarters . Ms. Barsness presented resolutions from other co-ops opposing the proposed headquarters. (All documents attached as part of minutes). Edstrom asked if Minnesota Valley Cooperative Association has taken a position on this question. Mr. Frankhauser, Director of Minnesota Valley Cooperative Assocation and Cooperative Power Association, stated they voted for the building because it was a matter of moving their entire new SCADA system into the old building, which has to be torn down and removed within a couple of years. It seemed like the most feasible and less expensive way to his 12 members if it could be set into a new place and never have to be moved afterward and would be less cost in the long run. Bill Stone, resident of Burnsville, encouraged CPA, if in fact the new headquarters are to be built, to look into every possible design configuration and make it the most efficient demonstration of the use of energy that could be done so it could serve as an example for the entire midwestern part of the United States. Also expressed concern about the gasoline situation as people will have to be travelling . further when the CPA headquarters is located in Eden Prairie. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-220, giving preliminary approval approval for Municipal Industrial Development Bonds in the amount of $8,000,000.00 for Cooperative Power Association, Redpath, Edstrom and Pauly voted "aye"; Osterholt and Penzel voted "nay" . Motion carried. t:,,;,nc i l Minutes - 7 - Tues. ,December 4, 1979 s VI. ORDINANCES & RESOLUTIONS A. Resolution No. 79-219, granting final approval for Municipal Industrial Development Bonds in the amount of 3,000,000.00 for Menard, Inc. a Penzel asked if all the documents have been delivered. a Finance Director Frane explained the document that was missing was the letter of commitment which has now been delivered. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. k 79-219, granting final approval for Municipal Industrial Development Bonds in the amount of $3,000,000.00 for Menard, Inc. Motion carried unanimously. B. 2nd Reading of Ordinance No. 79-43, providing regulations prohibiting the parking of vehicles and to authorize the designation of areas where parking is prohibited and the ordering and placing of signs relative thereto City Attorney Pauly spoke to the revisions made since the 1st Reading of Ordinance No. 79-43 at the Council 's direction. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-43, providing regulations prohibiting the parking of vehicles and to authorize the designation of areas where parking is prohibited and the ordering and placing of signs relative thereto. Motion carried unanimously. C. Resolution No. 79-222, authorizing filing of application for grants to acquire IL,; Parkland under the provision of the Federal Land and Water Conservation Fund Act and the State NaturalResources un This item was moved to .the Consent Calendar (III. C. ). D. 2nd Reading of Ordinance No. 79-22, rezoning Lot 11 , Block 3 from I-2 Park To Rural , Yorkshire Point continued from July 17, 1979). City Planner Enger referred to memo dated November 27, 1979, adding that Mr. Peterson has been notified that this item is on the agenda this evening. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-22, rezoning Lot 11 , Block 3, from I-2 Park to Rural , Yorkshire Point. Motion carried unanimously. 4 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members. . 1. Osterholt requested that consideration be given to the adoption of some broad guidelines for Municipal . Industrial Development Bonds at a future Council meeting. B. Report of City Attorney � City Attorney Pauly spoke to memo dated November 27, 1979 on the Southwest Suburban Cable Commission Draft Ordinance. No action necessary. Council Minutes - 8 - Tues. ,December 4, 1979 C. Report of City Mana er 1. Receive and award bid for compressor for Fire Department (continued it 'from November 20, 1979 This item was moved to the Consent Calendar (III . D. ). 2. Discussion of Resolution No. 401 relating to snowmobiles Director of Community Services Lambert reported that the Parks, Recreation & Natural Resources Commission on December 3rd recommended that temporary trails be provided at Bryant Lake Park as per Staff' s recommendation. MOTION: Osterholt moved, seconded by Redpath, to instruct staff to post temporary snowmobile trails as recommended by the Parks, Recreation & Natural Resources Commission and Director of Community Services Lambert. Motion carried unanimously. Lambert added he would write letter informing the people what is going to be done. MOTION: Osterholt moved, seconded by Edstrom, to continue the Council meeting past the scheduled- 11 :30 'PM adjournment time. Motion carried unanimously. D. Report of Planning_ Director 1. Sutton 1st Addition by Michael N. Sutton Request to preliminary plat •+ 4.7 acres zoned R1-22 into 6 lots. Located west of Baker Road and South of Theresa Place cube—sac Resolution No. 79-217) City Planner Enger explained the request by Mr. Sutton is for a preliminary plat for 6 lots directly south of Forest Hills Kings Forest Addition adjacent to Baker Road on 5 acres of property. The existing zoning on the property is R1-22 with 1/2 acre lotting. They are not requesting a change in the zoning. This request was reviewed by the Planning Commission at their November l9th meeting and was recommended for approval subject to the Staff Report dated October 16, 1979. Enger added there is a question as to the storm sewer runoff) as currently there is no outlet out of the site. City Staff has received calculations from Mr. Miller that do indicate they have the capacity to contain the 100 year event on the property itself, and looking toward a subsequent outfall of the storm sewer with an improvement to Baker Road or subsequent development east of Baker Road. Edstrom expressed concern about 'the safety of the deepened reservoir. City Engineer Jullie stated he did review briefly the calculations the proponents have submitted, and he is not totally familiar with the method that they used to compute their storage volume. However, just using some other rough rules of thumb, it looks like they do have a suffi- cient storage volume provided for. City Planner Enger responded to points raised in letter submitted by Mrs. Scherber, 13730 Theresa Place. Mrs. Scherber explained they own the panhandle shaped lot, and requested the house be changed on lot 1 to fit in with the existing houses that are already there. Mrs. Scherber stated she was requested by Mr. Jacobs , who owns the land just south of her, to speak on his behalf, i .e. , Mr. Jacobs is not hooked up to sewer and there are quite a few other lotsL that are Council Minutes - 9 - Tues. ,December 4, 1979 1. Sutton 1st Addition by Michael N. Sutton (continued) Penzel suggested Mr. Jacobs petition to the City Engineer for this improvement. 'P Mr. Miller replied they have discussed this with Mr. Jacobs and the proponents will provide a easement for a future line as requested, provided it doesn't damage a building site. Dr. Richard Greene, 13731 Theresa Place, expressed concern about the exist- ing trees and his desire to save same. Jack Hacking, 13675 Theresa Place, spoke of the concern he has for the storm 'I 44 sewer as his lot has been flooded about 3 or 4 times in twelve years . MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-217, approving the preliminary plat for Sutton 1st Addition by Michael N. Sutton with stipulations as follows: 1) the alignment of the proposed house on Lot 1 , Block 1 , 2) proper alignment of the extension of Theresa Place to minimize the damage to the existing vegetation, and 3) restriction of any alteration or construction of lot 5 until such time as positive drainage. for the area has been developed. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to direct the Engineering Department to look into the feasibility of storm sewer for the area and report back to the Council . Motion carried unanimously. 2. Report on Community Development Block Grant for 1980 Planning Director Enger spoke to memo dated November 21st and the recommendation of the Planning Commission to the City Council for continuance of the 1978 three year plan for 166 elderly housing units through either rehabilitation of existing homes or the development of new housing through the banking of Community Development Block Grant fund money. MOTION: Redpath moved, seconded by Osterholt, to approve the recommendations of the Planning Commission from meeting held November 260 1979. Motion carried unanimously. E. Report of City Engineer 1. Water Plant Expansion Plans City Engineer Jullie spoke to his memo dated November 29, 1979 and answered questions of Council members. MOTION: Osterholt moved, seconded by Edstrom, to authorize Staff to conduct interviews with 3 - 4 consulting engineering companies and to report back to the Council within the next 6 - 8 weeks with a recommendation for engineering services for this project. Motion carried unanimously. VIII. NEW BUSINESS No New Business. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting at 11 :59 PM. Motion carried unanimously. Pe roe rSjr� RLJ E 'E3_F CD EE 1 � ` LECTRIC SSCOCIATIQN ESTABLISHED 1935 o L E X A N 0 R1A. 101 " NESOTA 56308 ' "Service is Our Only Product" PNONE 467-21 763-6641 May 2 , 1979 4 z Charles L. Anderson, President Cooperative Power Association Route 1 , Box 128B Litchfield,MN 55355 Dear Charlie: The Board of Directors of Runestone Electric Association reviewed the proposed Cooperative Power Association ' s new headquarters facility in Eden Prairie at our last Board meet- ing on April 25 , 1979. Our Board of Directors have a number of concerns and questions concerning this: proposed project . The original building committee was charged with the responsibility of finding a suitable location for the SCADA micro-wave system . The project has now evolved into a full scale headquarters facility which we feel has not been fully justified to the Board of Directors . The building design was completed and then the employee numbers were projected to fit the size of the building design . We feel that there has been a lack of sufficient information and no alternatives were presented to the proposed project . Our Board of Directors ' major objection to the building Is that we feel it ' s very poor timing on the part of CPA to be building an $8 , 000 ,000 non-energy producing facility when we have the burden of the CD line and Coal Creek power plant which is going to drastically increase our retail rates to our members . We feel that this would be a tragic member relations ' error if this project was to proceed at this time . In studying the Theo . Barry Associates Report, we find that the building is a "C" priority item that could be delayed and considered at a future date and, therefore, .the staff could dedicate their full time to getting the CD dine and Coal Creek power plant on line as scheduled . There are also problems facing us with future power needs that have to be addressed with the unlikelihood that Tyrone will ever be a reality .C ,,� -, a Charles Anderson Page 2 We urge the Board of Directors. of CPA to reconsider this project and discontinue any further actions on it for the present time. Sincerely , - LIL Wayne Bright , President Runestone Electric Assn. WB : g cc : CPA Board of Directors Bob Ferager , REA Frank Bennett , REA Charles Gill , CFC President of Board of Member Cooperatives 1 f s.- r September 10 , 1979 Robert W. Feragen, Administrator United States Department of Agriculture Rural Electrification Administration i Washington, D. C. 20250 ! t Dear Mr. Feragen: Enclosed please find a Resolution that was passed ' by our Board of Directors at their Juice 28, 1979 Board meeting. Sincerely, RUNESTONE ELECTRIC ASSOCIATION Vernon A. Jut31a General Manager VAJ :g enc . ! 3 7 RESOLUTION WHEREAS, Runestone Electric Association is a member of Cooperative Power Association, and WHEREAS, Runestone Electric Association has a long term wholesale power contract with Cooperative Power Association until the year 2020, and WHEREAS, Runestone Electric Association is concerned about the future power costs to its members, and WHEREAS, Cooperative Power Association is planning a new headquarters building which will further increase our power cost to our members, WHEREAS, The Board of Directors of Runestone Electric Association have become .increasingly concerned about the management and operation of Cooperative Power Association and its need for effective cost controls, improved planning and management and improved Board of Directors management j . relationship, THEREFORE, BE IT RESOLVED, That the Board of ' Directors of Runestone Electric Association request that Cooperative Power Association reconsider its plan for a new headquarters building and urge the Rural Electrifi- cation Administration to give serious consideration to + : denying a loan application to Cooperative Power Association for new headquarters facility. BE IT FURTHER RESOLVED, That the Board of Directors of Runestone Electric Association will not sign another extension to our Member Wholesale Power Contract until steps have been taken to improve the operations and management of Cooperative Power Association to the satts- faction of the Runestone Electric Association: Board of Directors. I, VERNER HAABALA, do hereby certify that I am the Secretary of Runestone Electric Association; that the foregoing is a true and correct copy of a resolution passed by the Board at a regular meeting held on June 28, 1979, and that said resolution has not been rescinded or modified. IN UITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Cooperative this 28th of June, 1979. (CORPORATE SEAL) ,' Verner �aasala, Secretary y EXHIBIT II - 7 -. Page 8 of 8 SUMMARY OF CONCERNS AND PRIORITIES MAJOR -- FUNCTIONAL OPERATIONAL AREA AREA CONCERNS PRIORITY • EXECUTIVE - Management o Overabundant but unfocused A AND Information information provided to GENERAL board and management -" (cont'd) o Critical information often unavailable or ill-timed - Performance o Few measures established at A Measurement any level +' o Little evidence of ability to manage by performance •� , measurement ! Meetings o Too many and too lengthy A } . o Role of cooperative managers at board meetings inappropriate - Committees o Weak in structure and A - performance -Staffing o Imbalanced workload 6 o Imprecise planning of future L - staffing requirements - Facilities o Need for new headquarters C !. Management facility needs review o Current location politically sensitive o Timing of headquarters change inappropriate consider- ing other current problems i Priority Legend: A = Critical to Coal Creek start up and overall organization 8 = Necessary for longer term control of operations ► C = Necessary for direction of CPA's future II - 28 5 m ( 3,&3he�s WHEREAS, Dakota Electri Assoc_-iation (DEt.) is a member in good standing of Cooper& ti.ve Yo:ver Association (CPA) , and WHEREAS, DEA is vitally concerned .ii th the rising level of wholesale and retail ele-,tric rates, a-d WHEREAS, DEA is strivir,j to obtain m:o.imum operating efficiencies in its own bus.�ness operations as well as those with whom it does business; �:!r_d WHEREAS, DEA is incre: singly concerned that CPA is not observing rigid econoriies i.;: several aspects of its opera- tions, especially the pursuit of a new headquarters facility at this time, and WHEREAS, DEA believes that the Rural Electrification Administration and/or National Rural Utilities Cooperative Finance Corporation (CFC) should not grant CPA a loan for a new headquarters 'facility at this time, and WHEREAS. DEA feels that CPA should consider whether a merger with other cooperative power suppliers would reduce costs of. operation at the wholesale level, NOW, THEREFORE, BE I1 RESOLVED that the board of directors of DEA adopt ti_e following resolutions: (1) That REA be urged to reject CPA's loan applica- tion for a new headquarters facility; (2) That CPA .initiate a study of the feasibility of merging with another cooperative power supplier. or suppliers to determine if such a merger would produce reduced costs for wholesale power; (3) That DEA will not execute further amendments, extensions, or revisions to the current Member Service Agreement with CPA until such time as CPA initiates a merger study, reconsiders its decision to pursue a new headquarters facility at this time, ai:3 improves its general performance standards . 01 - Dater]: Mxgust 8, 1979, ! t . -,Secretary\ —;-, i �j21 I, Raymond Busse , Go hereby certify that I am the duly elected Secretary of Agralite Cooperative , and that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of said Corporation duly convened and held in accordance with its bylaws on the 21st day of June, 1979 , at which a quorum was Pry; ant, and I do further certify that said resolution is still in force and effect and has not been repealed. RESCLU11ON WHEREAS Agralite Cooperative is an electric membership cooperative serving rural members in Swift , Bigstone , Stevens and Pope Counties of Minnesota , and WHEREAS, Agralite Cooperative is a member/owner of Cooperative Power Asso=iztion (CPA) , Minneapolis , Minn- esota, with all the rights and priviledges under the Bylaws of said cooperative , and WHEREAS, Agralite Cooperative has entered into a Member Service Agreement with Cooperative Power Association (CPA) for the purpose of providing total electrical energy 1�. needs of Agralite which ruins to March of 2020 and, WHEREAS, said contract constitutes security for mortgages obtained by Cooperative Power Association and, WHEREAS, the Board of Directors of Agralite Cooperative are not satisfied that the operation and. management of Cooperative Power Associr.-ion has been carried out in a manner that would be or has been, beneficial to the member • owners of Agralite Cooperative . NOW THEREFORE BE IT RESOLVED that the Board of Directors of Agralite Cooperative will not sign future amendments or revisions to the above mentioned member service contract that✓ would2020 datend the until such time date past the present March me that the performance standards of CPA are se t_is factory to the. Board of Directors of Agralite. BE IT FURTHER RESOLVED =hat- a copy of this resolution be sent to the Administrator of REA, the Governor of NRUCFC, and the President of Cooperative Power Association. Ray nd Busse . Secretary a. IM .Stearn., C001jerative J � .�electricAmociation Phone (612) 256-4241 900 Eoss Kroft Drive MELROSE. MINNESOTA .56352 E79-10-4 : ;iLkEAS, Stearns Cooperative Electric Association is a weciL,er of Cooperative s-ovier Association, and nas entered into a Member ~ Service Agreement wito said Cooperative, and :'iicRLAS, Vie -card of uirectors of Stearns Cooperative Electric increasingly th the _leadership Association have Lecorle dissatisfied with and managewent of Cooperative Power Association. HOW, THEREFORE, BE IT RESOLVED, That the Board of Directors of Stearns Cooperative Electric Association shall not enter into any -new agreements with Cooperative Power.As.so—Oatson. urn 0 l such time as steps have been taken to improve the management. of. 0 Cooperative Power _ 1 Association to the satisfaction of Stearns Cooperative Electric Association. i (See attached letter) - - - . E79-10-5a RESOLUTION rt I, Milford Rugroden do hereby certify that I am the secretary of Steele Waseca Cooperative Electric, and the following is a correct copy of the resolution adopted by the Board of Director's at their regular meeting held the loth day of July, 1979 and entered in the minute book of Steele Waseca Cooperative Electric. It was moved by Lyle Wayne that the following resolution be adopted; WHEREAS, Steele Waseca Cooperative Electric is a member of Cooperative Power Association; WIM4EAS, Steele Waseca Cooperative Electric is not_..satisfied with the operation, management and planning of Cooperative Power Association as being �. prudent and in the best interest of members-of Cooperative Power Association and Steele Waseca Cooperative Electric; t*IERFAS, Stele Waseca Cooperative Electric is vitally concerned about future power costs caused by duplication of (1) facilities, (2) staff, (3) headquarters, (4) system dispatching and (5) planning without coordination; WHETtEAS, Cooperative Power Associations action planning a new headquart- ,,.- ers building is contraindicated by the concerns indicated above to reduce future power costs; WHEREAS, prudent management of good business dictates a reconsideration of any further planning, financing or construction for a new headquarters building; THEREFaRE, be it resolved that Steele Waseca Cooperative Electric's Hoard of Director's request Cooperative Pager Association to reconsider its plan for a new headquarters building and specif� ,ca,j1y,9rg-:-., t, heJWk,,to give serious consideration to denying the 1pAR applicat on to Cooperative Power Association for headquarters facility, and that REA urge a study to be done on the best possible means of avoiding duplication for the generation and transmission cooperatives in the state of Minnesota. Motion seconded by Joe Fox and carried. slford Rugroden,' Secretary Donald Scomers, President Use of Corporate Seal abandoned by resolution amending by laws .Tune 1, 1965. 9 CERTIFICATE OF SECRETARY Egg. 10-6 STATE OF MINNESOTA ) COUNTY OF OTTER TAIL) ss I , Wayne Gunderson, do hereby certify that I am the duly elected, qualified and acting Secretary of Lake Region Co-op. Electrical Association. hereinafter called the "Cooperative". And I do further certify that: The following is a true and correct copy of a resol u ion passed and adopted by the Board of Directors of the Cooperative at the regular meeting of the Board of Directors thereof held on the 26th day of June, 1979, said resolution being a part and portion, of the original minutes entered in the minute book of said Board of Directors. That at said meeting all Directors of said Cooperative were present. That said resolution was duly adopted by said Directors. That no part or portion of said resolution has been recinded or modified and is in full force and effect. That the following is a verbatim copy of said resolution: WHEREAS, Lake Region Co-op. Electrical Association is a member in good standing of Cooperative Power Association, and + WHEREAS, Cooperative Power Association and Lake Region Co-op. Electrical Association have entered into a Member Service Agreement which runs to the year 2020, and WHEREAS, The Member Service Agreement between Cooperative Power Association and Lake Region Co-op. Electrical Association constitutes security for loans and loan guarantees made by Cooperative Power Association, and WHEREAS, The Board of Directors and management of Lake Region: Co-op. Electrical Association have concluded that decision making.., proces-ses. and the performance of Cooperative Power. As'so iat-lonis ✓ not effective, efficient or economical for the- best_intergsts of Lake Region Co-op. Electrical Associatioh-Nembers, NOW, THEREFORE BE IT RESOLVED, That Lake Region Co-op. Electrical Association hereby notifies Cooperative Power Association and the Rural Electrification Administration that Lake Region Co-op. Electrical Association will not execute any extension of the existing Member Service Agreement until such time as the performances standards of Cooperative Power Association have improved to levels acceptable to Lake Region Co-op. Electrical Association. IN WITNESS WHEREOF, I have hereunto placed my hand and signature and affixed the seal of said Cooperative this 26th day of June, 1979. Secretary (CORPORATE SEAL) ��ecfG 1 alqlej October 18, 1979 a The attached letter has been sent to each of the 19 cooperatives that are served by Cooperative Power Association (C.P.A. ) Edina, Mn. We as the members of Dakota Electric Association, the largest cooperative being served by C.P.A. (we pay 25% of the total C.P.A. bill) , feel that many things have arisen in the past few months that should be brought to light and answered by C.P.A. We saw an exorbitant increase in our electric bills beginning in August, that brought cries of alarm from the members, and town meetings sprung up from their anger and confusion. Many questions were asked at these meetings that remain unanswered. The cooperatives tried to place a burden of guilt on the members/consumers claiming public apathy to warnings of escalating electric rates (hereinafter known as power cost adjust- ments) . However, when consumers wanted to attend the D.E.A. monthly board meeting, they were advised that even as an observer, a written 30 days request in advance to the monthly board meeting was necessary. Who is nurturing the public apathy? Meetings are not held at convenient times for the average consumer to become involved in his own cooperative. Again, another chapter to the myth of the American cooperative. The cooperatives were deregulated approximately two to three years ago and are no longer under the regulatory rule of the Public Service Commission (PSC) . Petitions are being presented on October 22 to the Public Service Commission by interested consumers that have gathered about 2,000 names (more than 5% of the 24,000 members of. D.E.A.) of people that would like to have cooperatives again under P.S.C. rules and regulations. If accepted by the PSC, a vote will be given to the people to adopt or not adopt being under the jurisdiction of the PSC. The cooperatives will be regulated then, but of course, who regulates the C.P.A. 's -the generators and transmittors? We need assistance from other cooperative members to find a united cooperative way for all of us to survive. We have petitions available upon request that are being gathered to be sent very soon to the R.E.A. in Washington, D.C. opposing the excessive spending for a new building site by C.P.A. This is just the first step of many to see that some of the excessive spending is curtailed, but we cannot , I repeat, do this alone. If the R.E.A. and other government agencies see that all the cooperatives are united together to stop bureaucratic rule by the generators and transmittors, maybe something can be done. We certainly hate to think that the American public must just sit back and watch our freedoms taken away from us. Inflation will continue to spiral and our pockets will continue to be emptied if we do nothing. The Members of Dakota Electric Association * IF THERE IS A POSSIBILITY THAT YOU CAN RUN THIS AND THE LETTERS TO THE CO-OPS CONCURRENTLY OR SIDE BY SIDE, SO THAT THE COOPERATIVE MEMBERS ARE ABLE TO SEE EXACTLY WHAT LETTER WAS SENT TO THEIR RESPECTIVE COOPERATIVE. IT MIGHT GIVE A MORE TOTAL PICTURE. WE ALSO WOULD APPRECIATE A COPY OF YOUR PAPER REFLECTING THE EDITORIAL. FOR OUR FILES AND FUTURE INFORMATION. THANK YOU FOR YOUR ASSISTANCE AND COOPERATION CONN E DE BUHR 17M ISLE AVE. W. LAKEVILLE. MN. 55044 Q �October 18, 1479 Dear Cooperative Members: The month of October has been designated National Cooperative month with the slogan "Cooperatives - Good for All Americans!" We feel that it is timely that the present state of discontent among cooperative members has come to light. We, the members of Dakota Electric Association purchase our electricity from Cooperative Power Association (C.P.A.) just as you all do and we are very upset about the recent increases in our electric bills, particularly since the Coal Creek Station in Underwood, North Dakota has come on Line. Our bills on the average rose during the month of August from 40-100%. This "Unit One" increase was not an approved rate increase, but a power cost adjustment, meaning that the wholesale rate that the cooperative paid to C.P.A. had increased from 2.954t/KWH to 5.03¢/KWH. The increase of course, was passed on to us, the investor/consumer. "Unit Two" increases will hit us even harder this coming year, 1980, when the next part of Coal Creek comes on line. We have been advised that our rate will be 9.8¢/KWH. We currently are paying between 6.50 - 7.5t/KWH. We entreat you, as one of the other 18 cooperatives that is served by C.P.A. to join us in our effort to deter any further misappropriation of funds, i .e. (1) by building un- necessary sites such as the new proposed C.P.A. headquarters to be located in Eden Prairie, Mn. which will cost us, the members , approximately $8-10 million, and (2) ex- penditures that at this recessive, economic period, seem to be ludicrous. We must, as consumers, watch our spending, and so should big business. r Our Dakota Electric Association Chairman of the Board addressed a letter to R.E.A. in Washiz.gton, D. C. on April 27, 1979 opposing the new building proposed by C.P.A. , as •innecessary at this time. The building site has been excavated amid the protests, although final approval of the loan by R.E.A. is pending. (Remember, we as cooperative members sustain all the expenditures by our cooperatives) . Have we been too apathetic and not involved enough? What other expenditures have gone unnoticed and unquestioned? There have been some questionnable actions and expenditures by C.P.A. that have been disclosed, and we need some form of check and balance system on the prohibitive costs that we are and will be burdened with. The utility companies profits are based on the premise "the more we spend, the more we make", and who pays the piper? True cooperative effort can prevail among the 19 cooper- atives served by C.P.A. Let's really see the cooperatives working together for the good of all Americans - US. We must work together to keep our energy costs down. For further information on what you can do to further a more stable balance of our electric rates, please contact Connie De Buhr, 17890 Isle Ave. W. , Lakeville,11N. 55044/ Margaret Trinka, 1359 Cosmos Lane, Eagan, MN. We will see that your questions and assistance will be handled directly and immediately. Thank you. The Members of Dakota Electric Association i C'l- December, 2,, 1979 Ar3ys Kakac Kakac Farms Rt. 4 4 Alexandria, Mn. 56308 � To: Roger K. Ulstad, City Manager 8950 Eden Prairie Road Eden Prairie, Mn. 55344 We are unable to attend the Public Hearing concerning Co-operative Power Association 's request for $8,000,000.00 of Municipal Industrial Revenue Bonds. Therefor; we would like to submit this letter to be read as our testimony. As members of Runestone Electric Co-operative who in turn are members of CPA, we do not feel this building is necessary and we do not intend to pay for it. Arlys Kakac Member of Runestone Electric Assn, c e t3 APPROVED MINUTES SPECIAL WITH CITY COUNCIL, SCHOOL BOARD AND PARKS, RL:CKFATION AND NATURAL RESOURCES COMMISSION SATURDAY, DECEDIBER 1, 1979 10:00 A.M. , CITY HALL COUNCIL CIIA HERS COUNCIL MEMBERS PRESENT: Wolfgang Penzel, Mayor; Dean Edstrotm, Dave Osterholt, Sidney Pauly, Paul Redpath SCI100L BOARD MEMBERS PRESENT: Loren Irvine, Gary Mohrenweiser, Lyle Shaw, Jo Wigen, John Lobben SCHOOL BOARD MEMBERS ABSENT: Norman Friedericks COb1MISSIOX t1EMDERS PRESENT: Dick Anderson, Chairperson; Dave Anderson, Steve Fifield, Robert Johnson, George Tangen, Larry VanMeter, Bob Kruell STAFF PRESENT: Robert Lambert, Director of Community Services OTHERS PRESENT: Dick Dahl, Eden Prairie News; Merle Gamm, Don Opheim, Steve Calhoon, Jerry Wigen, Jerry Kingrey Mayor Penzel called- the meeting to order at 10:10 A.M. Mayor Penzel explained that the purpose of this meeting is discussion of the broad stroke direction to take regarding the Bond Referendum. Mayor Penzel turned the meeting over to Lambert and he spoke to the following agenda items: I. Park Development A. Acquisition - Direction to obtain the necessary sites. B. Development a. Lambert feels the community wants to see some development next spring. tie indicated that cash park fees would be used to start projects at Homeward Hills , Flying Cloud Fields and the Athletic Fields at Staring Lake Park. Lambert stated that due to development in Bluffs West 2nd and 3rd, and the drainage situation in those areas, work should begin at Homeward Hills early next spring. b. Lake Eden Park Site - Lambert indicated that development of this site needs to be discussed with the School District as soon as possible. The City has contacted the School Board regarding using fill from the 1S acre school site. Irvine questioned if the whole area were developed as a temporary park, is it feasible to use as a school site later. i.ambert felt that it a decision cannot be made soon another site should be considered. Lambert su.gc;ested that the School hoard Incl the City Council consider trading this 13 acre site for possibly two School site "pads" at Preserve Park, a 22 acre site, and at the Franlo Road Park site. a 20 acre parcel . Special Meeting -2- December 1, 1979 !" He also requested the School Board t o provide the City with 1 information on any needed future school sites, as the City has a policy to purchase additional land within specific neighborhood parks for elementary school buildings. Wigen said she would request the School Staff take another look at the area and then get the two staffs together to make a recommendation to the Board and Council. i c. Plans and Specifications - Lambert stated that the sites the City already owns are committed to start as soon as the bonds have been sold. Kruell asked if it is possible to bid the site before bonds are sold. Lambert said that the plans and specifications would be . ready, but projects should not be bid until the bonds are sold. . 4 9 Hayor Penzel indicated that the sale of bonds would begin early 1 April or Hay depending or. the market conditions. Dick Anderson asked how much planning; can be done at present and can cash park fee monies by used? Penzel said he felt cash park fees • could be used to prepare plans and specifications. Lambert stated that the majority of the work would be completed in house. Osterholt requested a list of cash park fees collected for different development areas. He also asked what the agreement would be with the school regarding the tennis courts. Lambert indicated that there is a commitment for them to be funded through the bond referendwu and that a Joint Powers Agreement such as Prairie Views would be drawn up. Dick Anderson suggested that whatever funds are available they be • used to get started. Mayor Penzel spoke to cost increases and felt work should begin as soon as possible. II. Community Center - Discuss the process for choosing an architect Mayor Penzel said he felt that a building committee was not necessarily the answer. He felt the Parks, Recreation and Natural Resources Commission could quickly develop criteria and the process of reviewing architects and made a proposal to the Council. Dick Anderson agreed, but he felt they needed the expertise of other organizations, etc. , and suggested a small committee of no more than 9 members. Osterholt felt that input from the school was necessary right from the beginning and throughout the process. a Edstrom suggested there is merit in having a committee whose sole responsibility is to consider the building and they would report to the Parks, Recreation and Natural Resources Commission who would untimately make the recommendation to the Council. Mayor Ponzel stated his concern that a lengthy process would price us out of the market. lie urged that a process be used that Mould not only be effective but also speedy. Special Meeting -3- December 1, 1979 r Irvine suggested that 'the school policy for choosing an architect be used, which was workable. Edstrom suggested that the School Board be contacted regarding their experiences. Wigen reported that staff within the District were helpful to the architect in that they had ideas that the architect had not thought of. She said that the School Building Committee was helpful. Dick Anderson suggested the facility be adjacent to the school so as to give the maximum use for their Physical Education programs . Mohrenweiser stated his concern about a timetable and inflation. He said that the high school needs plans now as to hoer the 2 facilities go together. He sees the need for a committee with a definite timetable to meet and bring their ideas to the Parks, Recreation and Natural Resources Commission. Osterholt wants an indication from the School Board as to what they want to see in terms of the facility. Dick Anderson suggested a committee h appointed by the City and h appointed by the School Board. Tangen suggested a sub committee of the Parks, Recreation and Natural Resouces Commission and the School Board, and that the Parks, Recreation and Natural Resources Commission not be bypassed, but a place for public hearings and then recommendations sent to the City Council. Z Irvine suggested a 7-9 member committee 11 School Board and h City. Mayor Penzel suggested that the committee consist of the following: 1. • School Board Member 2. Parks, Recreation and Natural Resources Commission Member 3. City Staff Member 4. EPAA S. HAEP 6. School Staff Member 7. City Council Member Kingrey indicated that the EPAA would probably not be as interested in this facility as they are in development of neighborhood parks, but that swimming interests should be represented. WTION: Osterholt moved to establish a 7 member committee including the following: 1 School Board member, I School staff member, 1 City Council member. 1 City Staff member, 1 Parks. Recreation and Natural Resources Commission member, 1 Hockey Board member, and 1 member of the committee representing swimming interests in the City. DISCUSSION: Discussion included the following comments: The 7 member committee report to the Parks, Recreation and Natural Resources Commission and the Parks, Recreation and Natural Resources Commi_:sion report to the City Council. It was also noted that ether interested persons in the community could attend these meetings and provide input, but would not be a voting member of the committee. VOTE: I►lotion passed unanimously. Special. Meeting -4- December 1, 1979 Mayor Penzel asked what is a reasonable timetable for the selection of an architect, and should the selection process be restricted to those firms that have had experience constructing similar facilities? Osterholt suggested that the selection process itself would eliminate those applicants who hadn't done that type of facility. Lambert reported there are approximately 30 architects to date who have indicated interest in the facility. Kruell felt that the process of selection is not as important as the sub contractors, and the criteria would not indicate who those might be. a Mayor Penzel asked how soon an architect should be chosen. Osterholt suggested the Council select a tentative date as to when bonds are to be sold and selection of an architect be simultaneous - architect selected by the time of bond sale. ` Wigen reported that he has talked to 2 architects and asked if they were to begin immediately how long before start of construction and they indicated they would need 6-8 months for the planning process, then another 3 months prior to beginning construction. Mayor Penzel suggested that the School Board advise the committee on their preferred location for the facility. " Irvine stated that soil borings will be critical. Penzel felt that the layout of the school would dictate where the facility should be located. Lambert reported that when the committee starts talking to an architect one of the first things they will need to know is where the site is and will want to review it prior to submitting proposals. Penzel suggested that the committee could be appointed by December 6, 1979. The City will appoint their members at the December 4, 1979 meeting and the School Board will appoint their members December 6, 1979. Mayor Penzel spoke to the kind of facility - energy saving near to top of the list. Information from the University of Minnesota is available on this subject. Penzel suggested the committee establish the criteria to be sent to the architects. Dick Anderson felt it important to free up City Staff to start working on these projects. Mayor Penzel will look into this. Kruell asked if the committee members would fill out potential conflict of interest forms, *tlayor Penzel replied yes. Wigen asked that when the committee comes in with a recomendatin on an architect,, would the architect be hired? Penzel indicated that a transfer of funds is possible to accomplish a given goal . Special Meeting •SW December 1, 1979 Wigen asked if the fund raising campaign money were turned over for a public owned facility, if this would cause any legal problems . Penzel replied not as long as there is a clear understanding that it is community property once donated. Wigen suggested that the people be offered their money back. L ` Dave Anderson said this would be dealt with in the next week. Mohrenweiser asked if the donors name could be attached if they contribute. Lambert will check with the City Attorney on this. Wigen asked who is going to be in charge of the committee. Penzel suggested the committee select a chairperson. Lambert will call the first meeting. Irvine suggested that the City Engineering Staff check with the School District Architect regarding the sanitary sewer line. Hayor Penzel directed Lambert to make a recommendation to the Council on Tuesday December 4 on the amount of funds needed for consultants prior to hiring an architect. Dean Edstroin asked that agenda and minutes be forwarded to the School Board and Commission. MOTION: Redpath moved for adjournment at 11:25 A.M. seconded by Motion passed unanimously. Respectfully Submitted, kfarlys Dahl Recording Secretary