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City Council - 03/02/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 2, 1982 7 :30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL The meeting was called to order by Mayor Penzel at 7:30 p.m. during the Joint Meeting of the Council/Planning Commission/Parks , Recreation & Natural Resources Commission. y MOTION: Redpath moved, seconded by Bentley, to recess the meeting until 8 p.m. Motion carried unanimously. Mayor Penzel reconvened the meeting at 8:06 p.m. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. B. Petition from Topview Residents regarding Valley View/Schooner Boulevard; IX. C. Petition from Duck Lake Road Residents regarding paving of Duck Lake Road and park proposal for Woodlawn Heights; and X. C. 2. CPA Purchase Agreement. MOTION: Redpath moved, seconded by Edstrom, to approve the A9enda as published j and amended. Motion carried unanimously. II . MINUTES A. Special City Council Meeting held Thursday, February 11 , 1982 MOTION: Bentley moved, seconded by Tangen, to approve the minutes of the Special City Council Meeting held Thursday, February 11, 1982, as published. s Motion carried unanimously. B. Joint Planning Commission/Parks , Recreation & Natural Resources Commission/ City Council Meeting held Tuesday, February 16, 1982 MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the Joint Planning Commission/Parks, Recreation & Natural Resources Commission/ City Council Meeting held Tuesday, February 16, 1982 as published. Motion carried unanimously. City Council Minutes -2- March 2 , 1982 C. Regular Cif Council Meeting held Tuesday, February 16 , 1982 page 2: para . 3 under item B. , line 1 : change "norther" to "northerly. " page 3: para. 1 , line 2: change "client relationship with the proponent" to "relationship with a client which may have a possible indirect interest in the matter. " page 8: para . 1, last sentence: change "for such a position: to "from cable tv revenues." i MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the Regular City Council Meeting held Tuesday, February 16, 1982, as amended and published. Motion carried unanimously. III . AWARD SALE OF $18,000,000.00 GENERAL OBLIGATION TAX INCREMENT BONDS (Resolution No. 82-41) ; $1, 100,000.00 GENERAL OBLIGATION IMPROVEMENT BONDS Resolution No. 82-42) ; $2,900,000.00 GENERAL OBLIGATION PUBLIC BUILDING BONDS (Resolution No. 82-43) ; and $300,000.00 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS (Resolution No. 82-44 City Manager Jullie announced that bonds bids had been opened this afternoon. Jullie introduced h1111a,,, c,hc-, Eh1Grs and Associates , Inc. , bond counsel . Fahey noted that Bob Ehlers, Sr. , President of Ehlers and Associates, Inc. ; Jim Reyer, Dick Graves , and Arlin Welti from the O'Connor & Hannan were also present this evening to answer questions regarding the bond sale. Fahey called attention to his letter of March 2, 1982, which formally notified the City that its $18,000,000 General Obligation Tax Increment Bonds have been insured by AMBAC et a rate of .79 of l% of total principal and interest. The City applied 4Lto have their bonds insured upon the recommendation of Ehlers and Associates, Financial Advisors to the City. Fahey noted the bid summary sheets ; there were, at one time, three different bidding groups including Dain Bosworth, Inc. and others, Citibank of New York and others, and Bancnorthwest and others. He went on to say that the Citibank of New York group had dropped out this afternoon and the Dain Bosworth, Inc. group had joined the Bancnorthwest group in the final bidding. In all 59 companies are represented in the bid for the tax increment bonds . The same conditions held true for the other bonds offered. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-41, awarding the sale of $18,000,000.00 general obligation tax increment bonds. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. MOTION: Edstrom, moved, seconded by Redpath, to adopt Resolution No. 82-42, awarding the sale of $1,100,000.00 general obligation improvement bonds. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-43, awarding the sale of $2,900,000.00 general obligation public building bonds. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. City Council Minutes -3- March 2, 1982 MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-44, ( awarding the sale of $300,000.00 general obligation equipment certificates . i Roll call vote: Bentley, Edstrom, Redpath , Tangen and Penzel voted "aye." Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk' s License List B. Final pl.at approval for Autumn Woods 1st Addition (located south of Rymarland Camp and east of TH 101) (Resolution No. 82-39 C. Final plat approval for Westwood Industrial Park (located east of C&NW Rail- road tracks and south of Co. Rd. 67) (Resolution No. 82-38) D. Final plat approval of Creek Ridge Estates (located north of Riverview Road and west of Co. Rd. 18-- Resolution No. 82-40) E. Receive feasibility report for Mariann Drive Utility Improvements and set Public Hearing for April 6, 1982 at 7 :30 .m. , I .C. 52-017 southerly 300' of Mariann Drive Resolution No. 82-45 T q F. Receive feasibility report for Martin Drive Drainage Improvements and set Public Hearing for April 6, 1982, at 7: 30 p.m. , I .C. 52-007 located on north side of Martin Drive, east of car wash Resolution No. 82-46) G. Receive 100% petition for COR project and authorize the preparation of plans an specifications locate of SuperAmerica Gas Station Resolution x No. 82-47 H. Set Public Hearing to consider vacation of easements within the Cardinal Creek I & II plats for April 6, 1982 , at 7:30 p.m, located east of Forest Hills Elementary School 1. Approve plans and specifications for Autumn Woods Phase I and authorize bids to be received April 1, 1982 , at 10:00 a.m. , I . C. 52-016A Resolution No. 82-49 J. Request authorization to advertise for bids on two riding mowers and a trailer MOTION: Redpath moved, seconded by Bentley, to approve items A - J on the Consent Calendar. Motion carried unanimously. Mayor Penzel recognized Director of Public Works Gene Dietz and Assistant City Engineer Gene Schurman for their success in rescuing two little boys from a pond near New Testament Church on Monday, March 1, 1982. Dietz and Sehurman were on a site inspection when they heard an unusual noise coming from an area beyond the ridge where they were standing. Upon investigation they found the two boys completely submerged in the pond. Because of their quick actions , they lives of the two boys were saved. City Council Minutes -4 March 2, 1982 V. PUBLIC HEARINGS A. Reconvene Public Hearing for Technology Drive Improvements, I .C. 52-010 A & D Director of Public Works Dietz spoke to the questions which had been raised at the earlier hearing on this proposal and which were addressed in his memo of February 24, 1982. He called attention to the letters from affected property owners opposing the extension of Technology Drive. Dietz noted that just prior to tonight's meeting Don Goetzman of SGL had agreed to pay 100% of the cost for sanitary sewer and water mains. Dietz referred to a letter from BRW, engineering consultants for the City, in which the signalization of the Wallace Road/TH 5 intersection was addressed. The highlights of the letter are that the intersection ranks 45th on Mn/DOT' s priority list and that the cost approaches $400,000. Although signals are warranted at this time, it is unlikely that installation will occur in the near future. Regarding Segment D of the proposal , Dietz recommended this segment (between Mitchell Road and Schooner Boulevard) be designated a portion of our State Aid street system. This portion of the project will not be required for 18-24 months and, therefore, will not be ordered at this time. Penzel expressed concern about eliminating Segment A entirely. He suggested keeping the options open -- at some point single access to this area will prove to be less than desirable. Dick Kast, Metro Machine, 8001 Wallace Road, asked if Goetzman would be totally responsible for the cost of sanitary sewer and water mains to the SGL property. John Furney, Eaton Corporation, 15151 Highway 5, asked if this now meant that the proposal would be the same as originally discussed. Dietz said it would . be and Furney said that would be fine with his company. Penzel questioned the viability of the SGL proposal . Don Goetzman of SGL stated they will begin building once they have it 60% occupied. Chuck Kozar, J. A. Braas Co. , 7970 Wallace Road, stated he does not foresee any great expansion in the Wallace Road area which would necessitate the need for Segment A. Tangen said he has the same concerns as Penzel regarding Segment A and would like to see the City' s options kept open. Bentley concurred. Jullie explained that the sewer and water easements would then determine the location of the road. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to accept the recommendations included in Director of Public Works Dietz memo of February 24, 1982, and including the petition by Don Goetzman of SGL regarding the sanitary sewer and water main project to the SGL property. Motion carried unanimously . City Council Minutes -5- March 2, 1982 VI . PAYMENT OF CLAIMS NOS. 10604 - 10787 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos . 10604 - 10787. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye" with Edstrom abstaining on Claim No. 10704. Motion carried. VII. APPOINTMENTS A. Flying Cloud Airport Advisory Commission - Appointment of one (1) representative to the Flying Cloud Airport Advisory Commission for a three (3) year term commen- cing March 1, 1982 (continued from 2/16/82) i b Penzel called attention to the section of the Ordinance which designate3 t:.e manner in which members of this Commission are appointed. A letter had been received from Mr. Luce of FTC who is interested in being appointed to the Flying Cloud Airport Advisory Commission but is not a member of the Flying Cloud Airport Businessmen' s Association which is a prerequisite. The consensus was the Council will meet with the Flying Cloud Airport Advisory Commission prior to codification. The names of Jean Bitter and John Boyle were placed in nomination. Jean Bitter, 6932 Barberry Lane, addressed the Council as to her qualifications and desire to be on the Commission. Upon tabulation of the ballots John Boyle was selected to serve on the i Flying Cloud Airport Advisory Commission. t MOTION: Edstrom moved seconded by Redpath,ath to cast a unanimous ballot for the appointment of John Boyle to the Flying Cloud Airport Advisory Commission. Motion carried unanimously. B. Historical & Cultural Commssion - Appointment of two (2) representatives to the Historical & Cultural Commission for three (3) year terms commencing March 1, 1982 (Continued from 2/16/82) The names of Earl More, Mona Finholt, and Kathy Perry were placed in nomination. Upon tabulation of the ballots Earl More and Mona Finholt were selected to serve on the Historical & Cultural Commission. MOTION: Bentley moved, seconded by Redpath, to cast a unanimously ballot for the appointment of Earl More and Mona Finholt to the Historical & Cultural Commission. Motion carried unanimously. C. Housing Task Force Appointment of one (1) representative from the Human Rights &• Services Commission to the Housing Task Force The name of Robert Norberg was placed in nomination. MOTION: Tangen moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Robert Norberg as the Human Rights & Services Commission repre- sentative to the Housing Task Force. Motion carried unanimously. City Council Minutes -6- March 2, 1982 i VIII. REPORTS OF ADVISORY COMMISSIONS �1 There were no reports. IX. PETITIONS, REQUESTS & COMMUNICIATIONS A. R-e—uest for Liquor License by Abby' s Restaurant Enterprises (continued from 16/82 Y MOTION: Redpath moved, seconded by Bentley, to grant approval to Abby' s t Restaurant Enterprises for a liquor license. Motion carried with Edstrom abstaining. (Edstrom stated at the Meeting on February 16, 1982, that he would abstain from discussion and voting on this item because of a relationship with a client which may have a possible indirect interest in the matter. ) B. Petition from Topview Residents regarding Valley View/Schooner Boulevard City Manager Jullie called attention to the petition which had been received from the Topview Residents concerning the Valley View/Schooner Boulevard improvements. He stated the City's engineering consultants have done some very preliminary studies regarding the concerns of the residents, but Staff would like to have a couple more weeks to do a more detailed study. MOTION: Tangen moved, seconded by Redpath, to accept the petition of the Topview Residents and authorize Staff to do a feasibility report. Motion carried unanimously. C. Petition from Duck Lake Road Residents regarding paving of Duck Lake Road and park proposal for Woodlawn Heights City Manager Jullie reviewed proposals for the Duck Lake Road/Woodlawn Heights area. MOTION: Edstrom moved, seconded by Redpath, to accept the petition of the Duck Lake Road Residents and to refer the matter to Staff for additional information. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members There were no reports . B. Report of City Attorney There was no report. I City Council Minutes -7- March 2, 1982 C. Report of City Manager 1. Status report on City Services City Manager Jullie said architect's plans for the new Public Safety facility are well underway. He introduced [Dewey Thorbeck and Bob Lambert of InterDesign who showed various color possibilities for the outside of the Public Safety Building. MOTION: Edstrom moved, seconded by Bentley, to select white as the color of the glazed concrete block on the Public Safety Building. Motion carried unanimously. 2. CPA Purchase Agreement City Manager Jullie reviewed the terms of the purchase agreement with CPA: $65,000 for 3.2 acres of land. MOTION: Tangen moved, seconded by Bentley, to approve the purchase agreement with CPA. Roll call vote: Bentley. Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. XI. NEW BUSINESS - There was none. C XII. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:32 p.m. Motion carried unanimously. } T