City Council - 12/07/1977 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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WEDNESDAY, DECEMBER 7, 1977 7:00 PM, CITY HALL k
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly s
COUNCIL STAFF PRESENT: City Manager Roger Uls tad; Finance Director
John Frane; City Attorney Ross Thorfinnson; .
Planner Chris Enger; Acting Director of
Community Services Sandra Werts; City Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
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INVOCATION: Mayor Penzel asked that a silent, prayer be offered in remembrance of City
Attorney Harlan Perbix, after which time Mayor Penzel conducted the invocation.
PLEDGE OF ALLEGIANCE s
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
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A. Discussion on Concert sponsored by the Historical & Cultural
Commission
( B. Option agreement to purchase approximately 40,000 square feet on
Washington Avenue
C. Informal comment relative to Round Lake and the division
MOTION: Meyers moved, seconded by Os terholt, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, NOVEMBER 10 I
1977
Pg. 2, add a new para. after paragraph 7, to read as follows: "Jullie further
explained the proposed sale by the City to Walter Ball and associates of the 0. 16
acre. This residue parcel was excess right-of-way acquired under the T.H. 169
improvement project (I. C. 51-266). The parcel by itself is essentially unusable
and good area planning would require adding this parcel to adjoining property for
development purposes. The sale: will stipulate that the purchaser pay all pending
and existing special assessments in addition to the purchase price and further that
said purchase price be same as the original acquisition price per square foot of land.
Pg. 4, 5th para. , change "GilderhaEs" to "Gilderhus" .
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Pg. 5, 2nd para. , 5th line, strike "undated" and insert "updated"
Pg. 6, 5th para. , last line, strike "their original plan" and insert "the original
/ concept" .
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Council Minutes - 2 - Wednesday, December 7, 1977
II . MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, NOVEMBER 1 ,
1977 continued
Pg. 7, 4th para. , 3rd line, strike "Downly" and insert "Downey" ; and in the
6th line, strike "community" and insert "area".
Pg. 10, 9th para. , 3rd line, change Pauly's vote from an "abstention" to an "aye".
MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the
Regularly Scheduled Council Meeting held Tuesday, November 1 , 1977, as amended
and published. Motion carried unanimously.
III. PUBLIC HEARINGS 4
A. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and l
Michael Adams Continued Public Hearing from November 1 , 1977 t
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Planner Chris Enger spoke to recommendations of the Parks, Recreation
& Natural Resources Commission outlined in memo dated November 10, 1977.
Don McGlynn, Olympic Hills Corporation, stated they would like to have ;n
the 3rd Addition passed as presented and believes they have met all the
criteria. The proponents do not believe that play should interfer
with the 2 lots and urged the Council to pass the plats as presented.
Mr. McGlynn further stated that the 2 lots in question (lots 1 and 2 in
the 3rd Addition) are served by a private driveway.
Meyers questioned what is contemplated by Hus tad's on the undeveloped
corner. Planner Enger responded he had talked to Hus tad's and it is
their intention in the northwest corner for single family homes. I"
Mayor Penzel questioned what the chance is of the City being liable
if an owner or visitor were injured by play on lots 1 and 2. City Attorney
Thorfinnson responded it would be minimal; however, it would not be
inappropriate as part of the approval of this project .that an agreement be
signed holding the City harmless in case of injury. Mr. McGlynn stated
the proponents would be agreeable to approval contingent on same.
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MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and give a 1st Reading to Ordinance No. 77-39, rezoning Olympic Hills } .. .
3rd Addition from Rural to R1-13. 5. Motion carried unanimously. I
MOTION: Meyers moved, seconded by Bye, to give a 1st Reading to Ordinance
No. 77-40, rezoning Olympic Hills 4th Addition from Rural to R1-13. 5.
Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-136,
approving the preliminary plat for Olympic Hills 3rd Addition and that a
provision to provide an easement for trails along Franlo Road be included.
Osterholt, Bye, Pauly and Penzel voted "aye" , Meyers voted "nay" . Motion
carried.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-137,
approving the preliminary plat for Olympic Hills 4th Addition. Osterholt,
Bye, Pauly and Penzel voted "aye". Meyers voted "nay". Motion carried.
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Council Minutes - 3 - Wednesday, December 7, 1977
A. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael
Adams continued
f MOTION: Meyers moved, seconded by` Osterholt, to direct the City Attorney
to draft a rezoning agreement for Olympic Hills 3rd Addition to include
the recommendations in the Staff Report dated August 15, 1977 that are
pertinent to the 3rd Addition, recommendations of the Parks, Recreation
& Natural Resources Commission in memo dated November 10 excluding item 3,
with the inclusion of the right-of-way for a trail to be dedicated in Olympic
Hills 3rd Addition to be equal to that of Olympic Hills 2nd Addition, and
that the proponent sign a release that the City will be held harmless
for personal injury affecting lots 1 and 2 in the 3rd Addition. Motion
carried unanimously.
MOTION: Meyers moved, seconded by Pauly, to direct the City Attorney to
draft a rezoning agreement for Olympic Hills 4th Addition, including
recommendations in Staff Report dated August 15 that are pertinent to
the 4th Addition, and the Parks, Recreation & Natural Resources Commission
recommendations in memo dated November 10, 1977, excluding item 3. Motion
carried unanimously.
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B. Eden ate by Gerald B. Pauti & Pautz-Franklin Realty Company (Continued
Public Hearing from November 1 , 1977
City Manager Ulstad explained that this was a continued Public Hearing f
from November 1 , 1977, and there are no further recommendations to be made
to the Council at this time.
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Mike Gair, Howard Dahlgren & Associates, spoke to communication dated
November 29, 1977, and answered questions of Council members.
Bye questioned City Attorney Thorfinnson as to what the Court's directive
was to the City. City Attorney Thorfinnson commented in granting the
dismissal , the Judge made it incumbent upon the City Council to hear
the original plan as , submitted in 1970. What you have before you is not
the original plan, but is an application with modifications to the original
plan. Thorfinnson further explained the modification that was made by the
applicants was in part pursuant to the urging of the Court that if a more
reasonable course were taken it might be easier accepted.
City Manager Ulstad clarified the, vote by the Planning Commission as being
3 ayes and 2 nays, and that the proposal was denied unanimously by the
Parks, Recreation & Natural Resources Commission.
Osterholt questioned the reference made by Mr. Dahlgren as to a Steering
Committee as the people in the area said there was not such a group.
Mike Gair responded it was the proponent's intention to pursue the development
of a plan that would meet with the satisfaction of all parties concerned. At
the earliest stages of involvement it was obvious contacts with the neighbors
was crucial . The proponent's were made aware of an individual living in the
area that apparently had some previous involvement with the review of the
original project, and they contacted him in advance of a meeting with the
neighborhood. The individual that was contacted was Dick Ehlen. Other
individuals present at the meeting were Mr. Mavis, Mr. Keller, Mr. Kruehl along
with Mr. Ehlen. 150 notices were mailed to people in the area to meet at the
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Council Minutes - 4 - Wednesday, December 7, 1977
B. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued)
Prairie View Elementary School to review the proposed plans prior to coming
to the Planning Commission and the Eden Prairie City Council .
Osterholt commented the Council didn' t choose the words Steering Committee
and it is unfortunate this was done without having any official status. a
Glen Keller explained in 1975 when the Edengate proposal came before the
Council , the Steering Committee was organized and signatures were received
from 120 people in the area entitling the Steering Committee to speak for
them at that time. The Steering Committee is left over from 1975 and
has no basis to work at this point in time. They let Mr. Dahlgren know they
had no authority but to speak for themselves.
Pauly questioned when the Parks, Recreation & Natural Resources Commission
voted to deny this project they voted to purchase property, was that the
property encompassing the entire Edengate site. City Manager Ulstad stated
their concern was addressed to the Purgatory Corridor in the northwest
sector which encompasses a considerable amount of the Edengate property.
Pauly further questioned how this option would work. City Manager Ulstad
explained we have received a set of documents from the Metropolitan
Parks Foundation which outlines the procedures and commitments
along with a number of things the City must do in involving the Foundation.
Pauly asked if this would be a legally valid procedure to deny the project
to apply for funding. City Attorney Thorfinnson explained as he understood
the concept it would be one that would justify an acquisition of land
by condemnation as necessary to carry out those objectives. 'In order to proceed
the City would have to know that funds are available.
Bob Kruehl stated he was a member of the original Steering Committee and
the developer asked for the objections to their proposal . Suggestions were
made by the Steering Committee and Mr. Kruehl feels the developer did a
great job of misrepresenting those suggestions.
Mike Gair stated there is a willingness to drop units on the knoll within the
flood plain on the east of Dell Road if that would -be the reason for a negative
vote.
Bye commented the Environmental Qua 1 i ty Board said they will not make a
recommendation until certain questions are answered and City Staff has
not had time to answer the questions. It is hard to discuss other ramifications
until we know what the recommendations of the Environmental Quality Board will
be.
MOTION: Osterholt moved, seconded by Bye, that 1) the proponents offer to
delete 22 units to be a part of their recommendation, 2) the proponents
respond and identify parkway accesses to the site, 3) have staff respond if
they are satisfied as to the gradings and storm sewer and its dumping into
the flood plain area, 4) attempt to resolve Mn/DOT's concern regarding the EAW,
5) have staff prepare a staging plan for development so that the property could
be developed in a logical manner without having an overload on Duck Lake
Trajl .with only one access on the northwest area of the development proposed,
6) define the flood plain area and determine if the proposed density constitutes
a ,trade-off, 7) request the developer to examine the possibility of a 3rd
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Council Minutes - 5 - Wednesday, December 7, 1977
B. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued)
Addition access on to Dell Road in the north end of the property, and
8) request staff to review the 8 : 10% grading on the southern connection
to Dell Road to determine if this poses any problems. Public Hearing
to be continued to January 17, 1978. Motion carried unanimously. y
C. Amsden Hills II, The Preserve, request to oreliminarv_ olat 15 acres into
33 single family lots and rezone the property from Rural to R1-13.5
City Manager Ulstad explained this was a rescheduled Public Hearing and
an agreement now has been reached with The Preserve to dedicate the
necessary right-of-way for Anderson Lakes Parkway.
City Planner Enger spoke to the recommendation of approval by the Planning
Commission outlined in minutes dated July 25, 1977, and explained that the
Parks, Recreation & Natural Resources Commission did not take action on the
plan because they were confused as to whether the project was within the
original Preserve PUD and if the cash park fee should be charged. Other
than these concerns, the Parks , Recreation & Natural Resources Commission had
no other concerns with the plan.
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and
adopt a 1st Reading to Ordinance No. 77-31, rezoning Amsden Hills II from
Rural to R1-13. 5. Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney
to draft a rezoning agreement to include: 1) recommendations of the
August 10, 1977 Engineer's report, 2) recommendations in Staff Report dated
June 10, 1977 on page 5, items 1 and 2, a-g, including the 9'lots outlined
in Figure 4, 3) recommendation from the Planning Commission that the right-of-way
for Anderson Lakes Parkway be included in the final plat when adopted, and
4) that approval does not prejudice the City Council of Eden Prairie nor
preclude the City from changing the "so-called" policy to make the cash park fee
applicable to all future development. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-109,
approving the preliminary plat for Amsden Hills II by The Preserve.
Motion carried unanimously.
D. Planned Study in Southwestern Eden Prairie. Rezoning of properties which
reverted to I-General back into Planned Study.
MOTION: Osterholt moved, seconded by Meyers, to close the Public
Hearing and give a 1st Reading to Ordinance No. 77-43, rezoning properties
in Southwestern Eden Prairie which reverted to I-General back into Planned
Study until the update of the Guide Plan or 1 year, whichever occurs first.
Motion carried unanimously.
IV. REPORTS OF ADVISORY COMMISSIONS
No reports.
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Council Minutes - 6 - Wednesday, December 7, 1977
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 77-41, rezoning from Rural to Highway r
Commercial an approximate 3/4 acre site for AMOCO on the north side of
U.S. 169/212 across from the Eden Prairie Center entrance, rezoning
agreement and final RLS.
City Manager Ulstad explained that the zoning agreement had to be
sent to Kansas City to be signed and as of this date the City has
not received the signed copies.
Mr. McGregor, Real Estate Division of Amoco Oil Company, explained
he will be requesting a sign variance. Council requested that this
request be considered by the Board of Appeals & Adjustments.
MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading
of Ordinance No. 77-41, rezoning from Rural to Highway Commercial an
approximate 3/4 acre site for AMOCO on the north side of U.S. 169/212
across from the Eden Prairie Center entrance, provided the proponent
submit a signed copy of the rezoning agreement. Motion carried
unanimously.
MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning
agreement as drafted by the City Attorney. Motion carried unanimously.
MOTION: Pauly moved, seconded by Meyers, to authorize the Mayor and City
Clerk to enter into a buy-sell agreement for the land transfer. Motion
carried unanimously.
MOTION: Osterholt moved, seconded by Meyers, to approve the 'final RLS.
Motion carried unanimously.
VI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Appointment of one member to the Human Rights Commission to fill
an unexpired term to 2/28 79
Penzel recommended Tom Jensen to be appointed to the Human Rights
Commission to fill an unexpired term to 2/28/79.
MOTION: Osterholt moved, seconded by Penzel , to appoint Tom Jensen
to the Human Rights Commission to fill an unexpired term to 2/28/79.
Motion carried unanimously.
2. Mayor Penzel spoke to the upcoming meeting- of the Adhoc Advisory
Committee on Chemical Waste and the River Crossing Task Force meeting
to be held Thursday evening, December 8, 1977.
B. Report of City Attorney
1. Action on Windslope Declaratory Judgement
Douglas Rainbow, legal counsel for the National Housing Partnerships,
explained their agreement does provide for some dates for landscaping,
however, due to the fact it is winter, the time frame has to be modified
and May 1 is the scheduled time for landscaping if the Council approves.
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Council Minutes - 7 - Wednesday, December 7, 1977
1. Action on Windslope Declaratory Judgement (continued)
Osterholt stated he does not see the need for the City to get involved
with landscaping plans to go on private property.
City Attorney Thorfinnson commented it was his understanding from the Y
resolution that was adopted by the Council and directives given to the
City Attorney, that the declaratory judgement was being pursued because
of the concerns of the Preserve's residents about the Windslope project.
From the City' s point of view, if the citizens that are concerned are
satisfied by something that can be agreed to, it becomes a basis for
settlement of a potential lawsuit.
MOTION: Bye moved, seconded by Osterholt, that the City drop the
action seeking a declaratory judgement against the Windslope project.
Bye explained the reason for his motion is very simple, that the most
affected neighbors are getting some relief. He further stated that in his
judgement a club has been held over their heads by the National 14 inn
Partnerships and they would not put in anything unless the City dropped
the legal action. Bye expressed his feeling that the City does need
this type of housing but does not want the people moving into the Windslope
project to feel anything less than anyone else and that the lawsuit would
4 be a stigma on the people moving into the project. i
Bye called the previous question.
VOTE ON ORIGINAL MOTION: Bye, Osterholt, Meyers, Pauly and Penzel
( voted "aye" . Motion carried unanimously.
Council directed the City Attorney to draft a resolution urging Congress
to revoke the Charter for the National Housing Partnerships to be brought
before the Council for consideration.
2. Discussion on Codification
City Manager Ulstad requested that the Council consider authorizing
him to solicit costs for codification from people who are involved
in doing codification to be brought back before the Council for review
and discussion.
MOTION: Bye moved, seconded by Osterholt, to authorize the City Manager
to solicit costs for codification. Motion carried unanimously.
C. Report of City Manager
I. Donation for Public Safety Department
City Manager Uis tad made the Council aware of a donation recieved
from an Eden Prairie resident,who wishes to remain anonymous, of
$1 ,385.00 to be used for a single purpose.
MOTION: Bye moved, seconded by Meyers, that a communication be sent
to the anonymous donor expressing the Council 's appreciation. Motion
carried unanimously.
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Council Minutes - 8 - Wednesday, December 7, 1977
2. Suburban Health Nursing Service Joint Powers Agreement
Betty Johnson spoke to memo dated October 13, 1977, recommending that
the Council enter into a Joint Powers Agreement with the Suburban
Public Health Nursing Service.
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MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No.
77-157, approving the- Joint Powers Agreement with Suburban Public Health
Nursing Service, and authorize the necessary signatures. Motion
carried unanimously.
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City Manager Ulstad suggested that Betty Johnson serve as the City's
representative on the Board of Directors of the Suburban Health
Nursing Service until the first of the year. Council agreed with
Mr. Ulstad' s suggestion.
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3. Joint Use Rental Agreement between the City of Eden Prairie and
the Metropolitan Waste Control Commission
MOTION: Osterholt moved, seconded by Bye, that the City of Eden
Prairie enter into the Joint Use Rental Agreement No. 433
with the Metropolitan Waste Control Commission . Motion carried
unanimously.
4. Setting of Public Hearings for 1 Crosstown Park Richard Anderson),
Pillsbury ezonina from I-5 back to Rural ; and 3 Community
j Development Block Grant for January 3, 197 `
4. MOTION: Bye moved, seconded by Meyers, to set January 3, 1978 as the
Public Hearing Date for 1) Crosstown Park (Richard Andersoni) , 2) Pillsbury w
rezoning from 1-5 back to Rural ; and 3) Community Development Block
Grant. Motion carried unanimously.
5. Communication from the Metropolitan Airports Commission dated 1
November 23, 197 reguestingthe formation of an Ad Hoc Advisory
Committee to review and discuss Ordinance No. 51 and all of the { i
issues contained within this ordinance
City Manager Ulstad spoke to communication received from the Metropolitan
Airports Commission dated November 23, 1977, acknowledging the request
that MAC would like the Council to appoint 12 members to serve on an Ad
Hoc Advisory Committee for the purpose of reviewing and discussing Ordinance '
No. 51 and all of the issues contained within this ordinance. The other
12 members would be appointed 5y the Flying Cloud Businessmen's Association.
Gertrude Suel , MAC Commissioner, said she was pleased with the
action taken at the MAC meeting on Monday, November 21, and following the
hearing she did receive many calls from residents of Eden Prairie.
Osterholt stated he appreciated MAC taking the initiative in this matter.
One suggestion he would like to be carried back to the MAC is that he
would prefer an Ad Hoc Advisory Committee of 12 members (6 Eden Prairie
residents and 6 members from the Flying Cloud Businessmen 's Association).
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Council Minutes - 9 - Wednesday, December 7, 1977
5. Communication from the Metropolitan Airports Commission dated i
November 23, 1977, requesting the formation of an Ad Hoc Advisory
Committee to •review and discuss Ordinance No. 51 and all of the
issues contained within this ordinance continued
Commissioner Suel stated the Executive Director was hopeful we could get
a broad cross section by making the number 24. She further commented
she could not arbitrarily change the number now as it was part of the
action taken by the MAC on November 23, 1977.
Osterholt stated if we decide to continue with 24, he would hope they
would decide a quorum would be less than the normal .
Osterholt placed the name of Kent Barker into nomination.
Bye placed the names of Tim Pierce and Mrs. John Westlund into
nomination.
Meyers places the names of Diane Luke, Gloria Williamson, Don Peterson
and Tom Redmond into nomination.
Penzel placed the names of Rod Sundstrom, Norma Schee, Nancy Laidlaw,
Sally Brown and Tom Jensen into nomination.
MOTION: Osterholt moved, seconded by Pauly, that nomination be closed
and that a unanimous ballot be cast for the 12 nominees to serve on the
Flying Cloud Ad Hoc Committee. Motion carried unanimously.
Claude Schmidt, Director of Operations for the Metropolitan Airports
Commission, explained that MAC is not going to select any members.
They will provide staff assistance if the chairman so desires and would
like to have the pleasure of addressing the first meeting and then would
withdraw.
Council set the first meeting of the Flying Cloud Ad Hoc Advisory Committee
for Thursday, December 15, 7:30 PM at the Eden Prairie City Hall .
D. Report of Director of Community Services
1. Information about potential funding of Purgatory Acquisition in the northwest
area Edengate, Markum - Continued from November 15, 1977 Council meeting.
City Manager Uls tad requested that this item be continued to the
December 20, 1977 Council meeting.
MOTION: Osterholt moved, seconded by Bye, to continue information about
potential funding of Purgatory Acquisition in the northwest area to the
December 20, 1977 Council meeting. Motion carried unanimously.
2. Possible Purchase of Small Dozer
City Manager Ulstad requested that this item be removed from the agenda
and that Council not consider any action.
MOTION: Bye moved, seconded by Osterholt, to remove the possible purchase
of a small dozer from the Council agenda. Motion carried unanimously.
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Council Minutes - 10 - Wednesday, December 7, 1977
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E. Report of City Engineer
1. Final Plat approval for Lake Eden North III
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No.
77-152, approving the final plat for Lake Eden North III. Motion "w
carried unanimously.
2. Final plat approval for Norseman Industrial Park Second
d i ti on
City Engineer Jullie spoke to his memo dated December 1 , 1977,
recommending approval of the final plat of Norseman Industrial Park
Second Addition subject to the requirements of memo dated
December 1 , 1977.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-153, approving the final plat of Norseman Industrial Park Second
Addition including the recommendations in City Engineer's memo dated
December 1 , 1977. Osterholt, Pauly, Bye and Penzel voted "aye
Meyers voted "nay". Motion carried.
3. Preliminary and final plat approval for Nygren Estates
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-154, approving the preliminary and final plat of Nygren
Estates. Motion carried unanimously.
4. Receive petition from Robert Nygren and order public improvements
or Nygren Estates , I .C. 51-316
MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No.
77-155, receiving 100% petition, ordering improvements and preparation
of plans and specifications for public improvements in the Nygren
Estates Addition, I .C. 51-316. Motion carried unanimously.
5. Receive feasibility report for utility and street improvements for
the Country Vista Addition, I .C. 51-312
City Engineer Jullie spoke to Resolution No. 77-156 and the feasibility
report.
Mrs. Henderson, 16850 Duck Lake Trail , stated she has seen more than
one car go into the lake. She further commented there is gravel on
the street right now which provides trackage, and if you blacktop you
are going to have a race track and have people falling in the lake.
Dennis Truempi , developer, requested that the Public Hearing date be
moved up a couple of weeks.
City Engineer Jullie responded it has been the Council 's policy to set the
first meeting of the month to hold public hearings. That is why we chose
the first meeting in February. If the Council wishes they could adjust
� j the public hearing date to January 17, 1978.
City Engineer Jullie outlined the costs involved for the utility and street
improvements at the request of Tim Pierce, representing Ray Stodola.
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Council Minutes - 11 - Wednesday, December 7, 1977
5. Receive feasibility re ort for .utility and street improvements for
the Country Vista Addition, I.C. 51-312 continued
MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution
No. 77-156, receiving the feasibility report and calling for a
hearing (I.C. 51-316), amending the date for Public Hearing in the
resolution to January 17, 1978. Motion carried unanimously.
F. Report of Finance Director
1. Bond Refunding
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City Manager Ulstad stated the Council has discussed in the past bond
refunding of our debt service fund and the Council will recall the City
uses the Dorsey firm as bond attorneys for each and every sale that we
conduct. One of the members of the Dorsey firm does live in Eden
Prairie (Mr. Endorf) , and we would like to suggest that we solicit
proposals from probably about 6 different firmsin the metropolitan area that
are either financial consultants or brokers in the bond business. We would
like to suggest that we use Mr. Endo rf to set some guidelines that each ,
of these firms could use in submitting a proposal for the Council 's
consideration. Ulstad explained he thinks it is important that we receive 4
a number of proposals because first of all the fee is substantial ,
and he assumes based on the new State Law that the fee becomes negotiable. Y
MOTION: Bye moved, seconded by Pauly, to authorize the City Manager
( to solicit Mr. Endorf's services for setting up guidelines for firms to
use in submitting their proposals for bond refunding. Motion carried
unanimously.
2. Clerk' s License List
MOTION: Osterholt moved, seconded by Pauly, to approve the Clerk's
License List dated December 6, 1977, with the exception of Genghis
Khan. Further that the owner of Genghis Khan be invited in writing
to attend the December 20, 1977 Council meeting to see if they have
taken care of their internal problems. Motion carried unanimously.
3. Payment of Claims Nos . 7507 - 8087
MOTION: Osterholt moved, seconded by Meyers, that the City establish
a Park Reforestation Fund. Further that the City Attorney research
if people who contribute money to the Park Reforestation Fund can
deduct same from their taxes. Motion carried unanimously.
VII . NEW BUSINESS
A. Discussion on Concert sponsored by the Historical & Cultural Commission
Pauly commended, the Historical and Cultural Commission for the concert
they recently sponsored.
MOTION: Pauly moved, seconded by Penzel , to adopt Resolution No. 77-165,
commending the Historical and Cultural Commission for the concert they
sponsored and that a copy of the Resolution be sent to the performers
and the Historical and Cultural Commission. Motion carried unanimously.
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Council Minutes - 12 - Wednesday, December 7, 1977
B. Option agreement to purchase approximately 40,000 square feet on
Washington Avenue
City Engineer- Jullie outlined the proposed street alignment and spoke
to his memo dated December 7, 1977.
MOTION: Osterholt moved, seconded by Bye, to approve the option
agreement on the Swendseen Property in the amount of $34,435.27
as per City Engineer's memo dated December 7, 1977. Motion carried
unanimously.
C. Informal comment relative to Round Lake and the division
City Manager Ulstad explained the City is faced with acquiring a division
of land for 2 purposes: 1) to complete the acquisition costs and 2) to
secure funds for park development. The road question is still left
unanswered. Ulstad suggested the Council accept the division as outlined
on survey by Rieke-Carroll-Muller Associates dated 9/21/77 to allow
the City to at least proceed to secure monies to finalize the 1968-69 acquisi-
tions and proceed to obtain monies for park development. Further that the
road question be addressed at a later time.
Council directed Staff to proceed with division of property of Round
Lake Park without the stipulation that the division be tied to the
extention, of Valley View Road.
VIII . ADJOURNMENT.'
( MOTION: Bye moved, seconded by Osterholt to adjourn the meeting at 11 :06 PM.
Motion carried unanimously.
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