City Council - 11/20/1979 ..4St
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 20, 1979 7:30 PM, CITY HALL
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COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Patily; Planning Director Chris Enger;
Director of Community Services Bob Lambert;
Finance Director John Frane; City Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
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INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
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ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Discussion of the Parking Ordinance was added as item VIII. A.
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MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended
. and published. Motion carried unanimously.
II. AWARD BIDS FOR $5,100,000.00 IN GENERAL OBLIGATION BONDS (Resolution No. 79-215)
William Fahey, Ehlers & Associates, spoke to the bids received and recommended
the Council consider awarding the bids to the low bidders as follows: $4,800,000.00
in Temporary Improvements Bonds to the First National Bank of Chicago at a net
interest cost of $991 ,392.00 with a net interest rate of 6.88466%, and the
$300,000.00 Certificates of Indebtedness to the Continental Illinois National Bank
& Trust Company, Chicago, at a net interest cost of $71 ,423.00 with a net interest
rate of 6.96809%. (Bid summary sheets attached as part of minutes).
MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-215,
awarding the bids for $5,100,000.00 in General Obligation Bonds as follows:
$4,800,000.00 in Temporary Improvement Bonds to the First National Bank of
Chicago at a net interest cost of $991 ,392.00 with a net interest rate of 6.88466%,
and $300,000.00 Certificates of Indebtedness to the Continental Illinois National
Bank & Trust Company, Chicago, at a net interest cost of $71 ,423.00 at a net j
interest rate of 6.96809%. Motion carried unanimously. j
III . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 1979
Pg. 10, 3rd para. , 1st line, strike "Councilman" and insert in lieu thereof
"Councilwoman" .
MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the
Council meeting held Tuesday, October 16, 1979, as amended and published. Motion
carried unanimously.
ouncil Minutes - 2 - Tues. ,November 20, 1979
IV. CONSENT CALENDAR
A. Request to set a Public Nearing for Willow Creek Farm rezoning for December
4, 1979
B. Request to set a Public Hearing for Prairie Village Professional PUD and zoning
for December 4, 1 779 r .
C. Set hearing for vacating ortion of utility easement east of Lotus View Drive
for December 18, 1979 Resolution No. 79-211
D. Resolution No. 79-212 for sewer connection for Cardinal Creek
E. Registered Land Survey for Arndt property
F. Authorize bids for street sweeper
MOTION: Osterholt moved, seconded by Pauly, to approve items A - F on the
Consent Calendar. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 6236 - 6398
Penzel requested more details on what check #6330 and #6333 involved, to be
provided by Finance Director Frane.
MOTION: Redpath moved , seconded by Osterholt, to approve Payment of Claims
Nos. 6236 - 6398. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly and
Penzel voted "aye" . Motion carried unanimously.
VI. PUBLIC HEARINGS
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A. 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 6, 1979
City Manager Ulstad explained Staff and the proponent are requesting that this
Public Hearing be continued to the December 4, 1979 Council meeting.
MOTION: Osterholt moved, seconded by Pauly, to continue the Creekview Estates
Public Hearing to December 4, 1979. Motion carried unanimously.
B. Request for Mu�niciyal Industrial Development Bond approval in the amount of
1 ,300,000.000 for McGlynn Bakeries Resolution No. 79-216
Warren Jones, Cronin & Marcott, representing Burt McGlynn, the owner of McGlynn
Bakeries, spoke to the proposal acknowledging the fact his company is prepared
to underwrite the industrial development bonds in the amount of $1 ,300,000.00.
Both Mr. Jones and Mr. McGlynn answered questions of Council members regarding
the proposal .
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 79-216,
approving the request for Municipal Industrial Development Bonds in the amount
of $1 ,300,000.00 for McGlynn Bakeries. Motion carried unanimously. r
r,ouncil Minutes - 3 - Tues. ,November 20, 1979
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. ' Mayor Penzel brought up 'for discussion the question on how to proceed
now that the Park Bond Re erendum has passed. _P_e__n_z_eT recommended
two items that shou receive prompt attention: 1) authorization to
staff for taking appraisals for the park sites not yet in City ownership,
and 2) the direction the Council wishes to take as far as the physical
structure is concerned - maybe directing the Parks, Recreation & Natural
Resources Commission to undertake the process toward the selection of
an architect (develop the criteria to be used and mechanism by which an
architect could be evaluated for final approval by the Council ).
Pauly asked Penzel if he was still interested in pursuing the structure
being built into the earth. Penzel replied he would strongly urge the
Council to consider it as one of the strong approaches as it would be an
energy savings.
MOTION: Redpath moved, seconded by Edstrom, to authorize staff to proceed
on appraisals on park properties to be received by the end of January.
Motion carried unanimously.
MOTION: Redpath moved, seconded by Osterholt, that the Mayor contact
the School Board for joint meeting dates. Motion carried unanimously.
Penzel explained the Parks, Recreation & Natural Resources Commission
also desires to have a joint meeting with the Council . Director of
Community Services Lambert stated the Commission has suggested three .
dates: 1) Thursday, November 29, 7:30 PM, 2) Saturday, December 1 ,
10:00 AM, and 3) Tuesday, December 11 , 7:30 PM.
MOTION: Osterholt moved, seconded by Edstrom, that the Council meet
jointly with the Parks, Recreation & Natural Resources Commission on
Saturday, December 1 , 1979, at 10:00 AM. Motion carried unanimously.
Osterholt asked for some direction from the City's financial consultant,
Mr. Fahey of Ehlers & Associates, as to when the City should have the
sale of these bonds .
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Mr. Fahey suggested first of all not to plan anything as a bond sale until
at least mid-April and maybe into May. There is not going to be any break
in interest rates until well after the first of the year, and it is going
to be well toward the end of January before we find out what is going to
happen. The City is going to have some other insucs coming up next year
and we have to be very careful that we match these things so we get some
issues that are far enough apart - at least 5 months apart. Eden Prairie
has an "A" rating now and we are going to try and better that to "Al".
B. Request of City Attorney
No report.
C. Report of City Manager
1. Receive and award bids for compressor for Fire Department
City Manager Ulstad requested because of the excessive cost of
.auncil Minutes - 4 - Tues. ,November 20, 1979
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i. Receive and award bids for compressor for Fire Department (continued)
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the compressor, he would like this item continued to December 4, 1979
so he can do some additional checking on prices.
MOTION: Os terholt moved, seconded by Edstrom, to continue this
item to the December 4, 1979 Council meeting. Motion carried x
unanimously.
D. Report of Planning Director
1. Appointment of individual to the PACAC, Planning Area Citizen Advisory
Committee
Penzel recommended the appointment of Tony Hirt to the PACAC, Planning
Area Citizen Advisory Committee.
MOTION: Osterholt moved, seconded by Redpath, to confirm the appointment
of Tony Hirt to the PACAC, Planning Area Citizen Advisory Committee.
Motion carried unanimously.
2. Valley Knolls 2nd request to preliminary plat 4 acres zoned R1-13.5
into 13 lots Resolution No. 79-200 Continued from November 6, 1979
City Planner Enger reviewed the discussion which took place on this
proposal at the November 6th Council meeting. Enger further spoke to his
memo dated November 15 , 1979, recommending approval of the original
preliminary plat dated November 14, 1979 as recommended for approval by
the Planning Commissio n,which does not include any platting of Mrs. Miska `s
property at this time, and reduces the Mary Anderson request to 10 lots
all meeting the 13,500 minimum lot size ordinance requirements.
City Attorney Pauly reiterated the opinion he gave to Enger
regarding the permissibility of Mary Anderson Construction Company proceeding : ;
with this application. The application as originally submitted to the
Planning Commission was by the Mary Anderson Construction Company, and it
was only at the time that the matter came before the Council at the last.
meeting that Mrs. Miska had signed in joining in the application. If
Mrs. Miska chooses not to proceed with the matter, in any event the Council
has the authority to pass on that portion of the plat which is now before
it since this is not an expansion of the original request.
Director of Community Services Lambert reported the only concern the
Parks , Recreation & Natural Resources Commission had was a sidewalk.
Lambert recommended sidewalks on both sides of the road; however, the
Commission felt different that rather than a 5 foot concrete sidewalk,
the Commission recommended an 8 foot asphalt bikeway on one side of the
road and a sidewalk on the other side.
Penzel conrnented the original agreement in 1972/1973 provided for a
sidewalk along Duck Lake Trail and what Mary Anderson has installed is about
3 feet of concrete, which is not what the agreement called for.
Fred Haas, Mary Anderson Construction Company, responded the sidewalk
was installed per the City Engineer, which Marv. Anderson installed at their
cost. Mr. Haas stated in his opinion he would like to see a concrete
sidewalk and not an 8 foot blacktop bikeway.
council minutes - 5 - Tues. ,November 20, 1979
2. Valley Knolls 2nd, request to preliminary plat 4 acres zoned R1-13.5
into 13 lots Continued
Lambert agreed that the 8 foot asphalt bikeway is not a good idea when
you have driveways backing over it and that is the reason he recommended
the sidewalk; however, a 5 foot sidewalk with bicyclists and pedestrians
is not wide enough and that is why we usually go to 8 foot asphalt.
Osterholt asked if there is a trail connection. Lambert replied there is
a 3 foot concrete sidewalk along Duck Lake Trail , and Duck Lake Trail
is proposed for someday in the future for an 8 foot asphalt bikeway along
the trail . There is going to also be a 6 foot asphalt connection from
Duck Lake Road to Dell Road through the Valley Knolls park, through a couple
of the other parks , and then the Edengate 80 acres. This will connect
up and all the way across, so there will be a loop all the way around.
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No.
79-200, approving the preliminary plat consisting of 10 lots for
Valley Knolls 2nd by Mary Anderson Construction Company, including the
recommendation for a 5 foot concrete sidewalk abutting Duck Lake Road,
and subject to determining whether or not the size of the sidewalk on Duck
4 Lake Trail is in conformance to what was previously required. Motion
carried unanimously.
E. Report of Director of Community Services
1. Award bids for improvements to roof at Eden Prairie Stables
Director of Community Services Lambert spoke to his memo dated November 15,
1979, recommending the Council consider awarding the bid to Peterson
Maintenance Corporation, the low responsible bidder, in the amount
of $13,750.00 for repair of the roof at the Eden Prairie Stables.
MOTION: Osterholt moved, seconded by Edstrom, to award the bid to
Peterson Maintenance Corporation, the low responsible bidder, in the
amount of $T3,750.00 for repair of the roof at the Eden Prairie Stables.
Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted
"aye". Motion carried unanimously.
2. Report on architect for Grill home
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Director of Community Services Lambert spoke to his memo dated November
15, 1979, recommending the Council consider authorizing staff to hire
the firm of Miller - Dunwiddie - Architects, Inc. to conduct the ; .
preliminary study of the Grill house at a cost of $500.00.
MOTION: Redpath moved, seconded by Edstrom, to authorize staff to hire
the firm of Miller - Dunwiddie - Architects, Inc. , who offered the lowest
rate, to conduct the preliminary study of the Grill house at a cost of
$500.00. Roll Call Vote: Redpath, Edstrom, Osterholt, Pauly and Fenzel
voted "aye" . Motion carried unanimously.
3. Request for authorization to sell small house on Grill property
Director of Community Services Lambert spoke to his memo dated November
15, 1979, requesting the Council to authorize the sale of the small
house on the Grill property, and if it cannot be sold to tear it down.
Council Minutes - 6 Tues. ,November 20, 1979
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3. Request for authorization to sell small house on Grill property
Continued
MOTION: Edstrom moved, seconded by Osterholt, to authorize staff to
advertise for the sale of the small house on the Grill property. Motion
carried unanimously.
F. Report of City Engineer
1. Petition for Lowerin2 Flood lain - Purgatory Creek and Proposal for
Land Planning Services continued from 11/6/79 '
City Engineer Jullie referred to his memo dated November 16, 1979,
outlining the legal procedures whereby a floodplain adjustment could
be made if the Council so desires. Jullie stated options open are to have a
the culvert re-backfilled and restored to what it has been for several
years, or pu11 it out completely and dress up the creek channel .
Preferably Jullie recommended that the Council ask the Watershed District
to review the hydrology of the creek channel and look again at how they
set the floodplain elevations and what the impact of the alternatives
would be, and come back to the Council with a recommendation or more
facts so a judgement can be made.
W MOTION: Edstrom moved. seconded by Osterholt, to request the Watershed
District's Board of Managers to pursue this on behalf of the Council to
determine the facts. Motion carried unanimously.
2. Bid Award - Cardinal Creek Improvements, I .C. 51-355 Resolution No.
79-213
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No.
79-213, awarding the bid for Cardinal Creek Improvements, I .C. 51-355,
to Brown & Cris , Inc. , the lowest responsible bidder, in the amount
$516,027.60. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and
Penzel voted "aye" . Motion carried unanimously.
3. Bid Award - Bryant Lake Stables Sewer Connection, I .C. 51-357
MOTION: Redpath moved, seconded by Osterholt, to award the bid for
Bryant Lake Stables Sewer Connection, I .C. 51-357, to Sebesta
Construction Company, the lowest responsible bidder, in the amount of
$13,205.50. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly and
Penzel voted "aye" . Motion carried unanimously.
4. Discussion on Bridge vs. at-grade Railroad Crossing on Valle View
Road, I .C. 5 -325
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City Engineer Jullie spoke to his memo dated November 16, 1979, including
the suggestion from Mayor Penzel that the City examine the feasibility
of an at-grade railroad crossing for Valley View Road rather than a
bridge structure as proposed in the feasibility report for this project.
Jullie recommended the Council consider incorporating the at-grade
signalized crossing in the final design and eliminating the bridge
underpass.
MOTION: Redpath moved, seconded by Pauly, to direct Staff to proceed
with plans and specifications for the at-grade railroad crossing
alternative in all due haste. Motion carried unanimously.
Lyle Shaw, member of the -Eden Prairie School Board, stated he would
relay this information to the rest of the board members.
Council Minutes - 7 Tues. ,NFovember 20, 1979
YIII. NEW BUSINESS
A. Parking Ordinance .
City Attorney Pauly spoke to the draft of the Parking Ordinance, and Council
members suggested changes to be made before the 2nd Reading .
MOTION: Osterholt moved, seconded by Redpath, to give a ist Reading to
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.
B. Council meeting dates for the month of January, 1980
Council members concurred to change the meeting dates in January from.
the 1st and 3rd Tuesday, to the 2nd and 4th Tuesday (January 8 and January
22, 1980) .
C. Joint CouncilfPlanning Commission meeting
City Planner Enger stated the Planning Commission suggested the dates of
either January 21st or February 4th to meet jointly with Council .
Council members concurred to meet jointly with the Planning Commission
on January 21 , 1980 at 7:30 PM.
IX. ADJOURNMENT
MOTION: Osterholt moved, seconded by Penzel , to adjourn the Council meeting at
9:30 PM. Motion carried unanimously.
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BID SUMMARY SHEET ,
SALE:_$4,800,000 Temporary Improvement Bonds Of
_Eden Prairie, Minnesota held On
Tuesday, November 20, 1979 at 6:00 o'clock P.M.
BID# . NET INTEREST COST $ 9Imo, z,OO NET INTEREST RATE �•� UP X
Account Manager: FIRST NATIONAL BANK OF CHICAGO, CHICAGO .
Account Members:
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BID# NET INTEREST COST $ �Q3i 14 9 • qq NET INTEREST RATE (O % UP UP %
Account Manager: CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY, CHICAGO
Account Members: A. G. Becker, Inc., Chicago Bank of Oklahoma N..%. , Tulsa
LaSalle National Bank, Chicago
L. F. Rothschild, Unterberg Towbin, Chicago
BID# NET INTEREST COST $0D8j00aoo NET INTEREST RATE 9. 0O %
Account Manager: BANCiVORTHWEST, MINNEAPOLIS
Account Members: Cronin & Marcotte, Inc. , Minneapolis
Merrill Lynch White Weld Capital Markets Group, Inc. , Minneapolis
Kidder . Peabody & Company, Inc. , Chicago
Paine, Webber, Jackson f& Curtis, Inc. . 141nneapolis
Channer Newman Securities Company, Chicago
_ Dean Witter Reynolds, Inc., Minneapolis
Moore, Juran & Company, Inc. , Minneapolis
Miller Schroeder Municipals, Minneapolis
National City Bank, Minneapolis
Robert S. C. Peterson, Inc. , Minneapolis
American National Bank of St. Paul, St. Paul
EHLERS AND ASSOCIATES, INC.
Financial Consultants
507 Marquette Avenue
Minneapolis, Minnesota 55402
BID SUMMARY SHEET
SALE: $300,000 Certificates of Indebtedness Bonds Of
Eden Prairie, Minnesota held On
Tuesday, 'November 20, 1979 at 6:00 O'ClOCk P M.
BIDS NET INTEREST COST $ ? 30.00 NET INTEREST RATE &- I -1 S► %
Account Manager: BANCNORTHWEST, MINNEAPOLIS
Account Members:
BIOS DIET INTEREST COST $ QQ NET INTEREST RATE 6.q& QR
Account Manager: CONTINENTAL ILLINOIS NATIONAL BANK & TRUST, CHICAGO
Account Members:
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EHLERS AND ASSOCIATES, INC.
Financial Consultants
507 Marquette Avenue
Minneapolis, Minnesota 55402