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HomeMy WebLinkAboutCity Council - 11/18/1980 APPROVED MINUTES A. 1t EDEN PRAIRIE CITY COUNCIL MINUTES l ry. 1-UESDAY, NOVEMBER 18, 1980 7:45 PM, CITY HALL COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt and Paul Redpath COUNCIL MEMBERS ABSENT: Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; Finance Director John Frane, and Joyce Provo, Recording Secretary I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved to the Consent Calendar: VII. C. Request from the Eden Prairie Athletic Association, VIII. D. 2. Receive 100 etition for improvements on W. 70th Street, I .C. 51-344C Resolution No. 60-222 , VIII. D. 3. Receive ` feasibility report for sewer and water laterals on Willow Creek Road at Flying Cloud Drive, I.C. 5 -38 (Resolution No. 80- - settin4 earina or December 16, 1980), VIII. D. 4. Petition for vacating drainage and utility easements abuttin lots_ 9 and 10, block 15, Bluffs est. Resolution No. 0- - settingearin or_ December 16, 1980) , VII1. D. 5. Considar bids for Sunset Trail s .C. 51-392 (Resolution No. 80-226), and VIII. E. 3. Resolution No. 80-228 relating to 300,000.00 Certificates of Indebtedness Series 1980; authorizing the issuance and calling for the sa e thereof. Resolution Nos. 80-229, 80-230 and 231 regarding conformance with developer's _ agreements for Shady Oak Park 2nd Addition, Lot 1 and Lot 2, and Shady Oak Park 4th Addition, Lot 21were added as item VIII. C. 3. MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 4, 1980 Pg. 8, 5th para. , 2nd line, strike "16" and insert in lieu thereof "18". MOTION: Osterholt moved, seconded by Edstrom, to approve the minutes of the City Council meeting held Tuesday, November 4, 1980, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Cancel November 18 1980 Public Hearing) for Cable TV (December 2, 1980 Cable TV Public Hearing stirll sche'ued as set by Council previously) B. Receive petition and order feasibility report for sanitar sewer and watermain improvements on Luther Wayand Meadow Lane, I.C. -39 Reso ution No. C. 80-2 3 C. Request from Fox, McCue & Murphy to serve as the City of Eden Prairie's Auditors for the 1980 fiscal year audit Approved as per communication dated November 4, 1980, from Fox, McCue & Murphy. City Council Minutes - 2 - Tues. ,November 18 , 1980 t D. Request from the Eden Prairie Athletic Association (formerly item VII . C. ) Approved as per staff recommendation in memo dated November 14, 1980 from Director of Community Services Lambert. E. Receive 100% petition for improvements on W. 70th Street I.C. 51 -344C (Resolution No. 80-222) - formerly item VIII . D. 2. F. Receive feasibility report for sewer and water laterals on Willow Creek Road at Flying Cloud Drive I.C. 51-382 Resolution No. 80-224 - setting hearing for December 16, 1980 — formerly item VIII . D. 3. G. Petition for vacating drainage and utility easements abutting lots 9 and 10 block 15, Bluffs West Resolution No. 80-225 - setting hearing for December 16, 1980 formerly item VIII. D. 4. H. Consider bids for Sunset Trails , I.C. 51-392 (Resolution No. 80-226) - formerly item VIII . D. 5. Awarded bid to Brown & Cris, Inc. in the amount of $74,245.10. I. Resolution No. 80-228, relating to $300,000.00 Certificates of Indebtedness, ' Series 1980; authorizing- the issuance and calling for the sale thereof_ - formerly item VIII. E. 3. Bond sale set for December 9, 1980. MOTION: Edstrom moved, seconded by Redpath, to approve items A - I on the Consent Calendar. Roll Call Vote: Edstrom, Redpath, Osterholt and Penzel voted "aye" . Motion carried unanimously. IV. PUBLIC HEARINGS A. EIDE ' S KNOLL by Orris Eide. Request to rezone 2 acres from Rural to R1-13.5 and preliminary plat 4 lots for 3 new homes. Located at 15601 Valley View Road. (Ordinance No. 80-29 and Resolution No. 80-220) Planning Director Enger explained Mr. Eide is at the Council meeting this evening to answer any questions the Council members may have, and pointed out the location of the plat consisting of 4 lots for 3 homes. The Planning Commission reviewed this proposal on 9/22/80 and recommended approval to the City Council subsequent to Watershed District approval and City Engineer's review, and contingent on the Staff Report dated 9/16/80. The question was raised as to the ownership of the 3 outlots south of Eide's Knoll . City Engineer Jullie felt the City owned Outlot I , and the developer of the { Meadow' s owned the remaining two outlots. However, Jullie said he would check to verify this information. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-29, rezoning 2 acres from Rural to R1-13.5 for Eide' s Knoll by Orris Eide. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-220, approving the preliminary plat of 4 lots for 3 new homes for Eide's Knoll by Orris Eide contingent on the proponent, as part of the platting, provide a public access easement to Outlot I within his plat to be worked out with the City Planner. Motion carried unanimously. City Council Minutes - 3 - Tues. ,November 18, 1980 A. EIDE' S KNOLL. (continued) ( Mr. Cardarelle stated on behalf of the proponent that they would be willing to sign an easement agreement, MOTION: Edstrom moved, seconded by Redpath, to direct staff to draft a developer's agreement in accordance with the recommendation of the Planning Commission and A° Staff Report dated 9/16/80. Motion carried unanimously. B. SINGLE TREE OFFICE by Willys Holmquist. Request to rezone 2 acres from Rural to a . Office for an office building. Located in the southeast quadrant of Single Tree Lane and Eden Road. (Ordinance No. 80-30) Tim Pierce, Pierce & Associates, spoke to the proposal and introduced Willys Holmquist, the proponent, and Frank Carda relle, the general contractor. Planning Director Enger explained this item was reviewed by the Planning Commission on 10/14/80 and the Commission recommended approval of the request for rezoning to the City Council on a 5 - 0 vote subject to the Staff Report dated 10/9/80. MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-30, rezoning 2 acres from Rural to Office for Single Tree Office by Willys Holmquist. Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, to direct staff to draft a developer's agreement incorporating the recommendations of the Staff Report dated 10/9/80 and Planning Commission. Motion carried unanimously. F ( V. PAYMENT OF CLAIMS NOS. 3864 - 4100 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 3864 - 4100. Roll Call Vote: Redpath, Edstrom and Penzel voted "aye" on all Claims, Osterholt "abstained" on Claim No. 4015 and voted "aye" on remaining claims. Motion carried. VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation from Eagle Enterprises regarding status of their elderly housing project and preliminary request for Community Development Block Grant participation City Manager Ulstad explained City staff has visited with Eagle Enterprises and talked about their project. Their communication to the Council dated October 14, 1980 outlines their original request. Lance Norderhus, Eagle Enterprises, Inc. ,stated the original request in their communication dated October 14, 1980, was for $200,000.00 in Community Development Block Grant funds, However, since the time the request was submitted he has given further thought to the dollar amount and feels that it is possible in the final analysis that a lesser amount might be sufficient. Norderhus requested of the Counci, an opportunity to do a market study and possibly paying purchase commitments or pre-selling the units which would provide a turn-key operation rather quickly on completed construction, thus reducing carrying costs of the project. Upon completing the study or pre-sell , he would like to return to the Council to review the total cost. City Council Minutes - 4 - Tues. ,November 18, 1980 A. Presentation from Eagle Enterprises (conti.nued)._ Osterholt asked if the areas where the City has low and moderate income housing, i .e. , Windslope, Briarhill or perhaps the Muriel Humphrey residences, have any particular needs that would be eligible for Community Development Block Grant fund expenditures. Planning Director Enger replied in the affirmative stating they have exhibited needs to the City in the past mostly in terms of Windslope and Briarhill for the development of parks, which have been provided. There are additional eligible activities that could be found for these projects , however, they have not come forward within the last couple of years since the City has been providing the n recreational benefits. R Osterholt felt this would be a good project for the Human Rights & Services Commission whereby they could make a recommendation on how CDBG funds could be used by submitting a list of priorities to the Council . Enger explained Mr. Norderhus is asking for some type of participation from CDBG, although he isn't asking for any dollar amount or any authorization tonight because he doesn' t have a good idea how much money he will need. Money has been set n aside in the three year program to try to provide in some way up to 160 elderly units , and Mr.Norderhus feels that there is quite an expenditure placed in the marketing in their evaluation of what money they might need. If they can pre sell some units, it is their feeling the Community Development Block Grant participation might be a lot less than $200,000.00. What Mr. Norderhus is asking tonight is it his project is in line with the overall three year CDBG program, and sanction to go ahead and do some pre-selling of units to determine if one bedroom ( or two bedroom units are best, if there should be garages, if there should be k amenities, if there should be balconies, and how quickly two units sell . Enger's feeling is that this pre-sell approach should certainly help the City answer questions about housing for the elderly. Enger added the pre-sell approach is a safe approach for Eagle Enterprises and also for the City. Penzel agreed the Council should probably also look at the other needs the City has, but urged the Council to not make that a necessary prerequisite before encouraging Mr. Norderhus to pursue his own specific project. Penzel suggested the Council encouraged Mr. Norderhus to proceed with his particular approval as long as he clearly understands the Council this evening is not making a commitment to any I specific number of dollars, commenting the Council is thereby standing by the commitment that was made two years ago when the original banking of funds was initiated with the intent of providing housing opportunities which otherwise using market funding only would not be available. Osterholt stated when Mr. Norderhus originally brought his proposal before the Council there was no request for CDBG money. It may be the best way to spend the money; however, he would like to see the other needs in the community before making a commitment. Mr. Norderhus explained they are willinq to spend the money for the marketina as long as there is some encouragement by the Council . MOTION: Redpath moved, seconded by Osterholt, to continue the commitment of f Community Development Block Grant funds for the purpose of providing low and moderate l income housing, and request the Human Rights 8 Services Commission to determine what needs there are in the community from their prospective. Motion carried unanimously. Osterholt asked that an inquiry be made as to what the future of Community Development Block Grant funds may be in the next Session of Congress. City Council Minutes - 5 - Tues. ,November 18, 1980 B. Community Development Block Grant Program for use of Year VII funds IF MOTION: Redpath moved, seconded by Edstrom, to approve the proposed Year VII Program which set aside the total amount as the third year of a program that banks the money for use as a subsidy toward provision of low and moderate income elderly housing units. Motion carried unanimously. C. Request from the Eden Prairie Athletic Association This item was moved to the Consent Calendar (III . D. ) . D. Request from the Eden Prairie Athletic Association Director of Community Services Lambert referred to the two letters to be considered by the Council - one from the School Board and the second from Mr. Wigen, Chairman of the Fund Raising Committee of hAEP. The School Board' s letter and first part of Mr. Wigen's letter refer to a commitment for funding for the new proposed- hockey team locker room addition to the Community Center. Lambert asked that the Council take action to either approve or disapprove of this item. MOTION: Osterholt moved, seconded by Edstrom, to approve the hockey locker room addition with funding sources as recommended by the School District and the Ice Arena Building Committee of HASP. Roll Call Vote: Osterholt, Edstrom, Redpath and Penzel voted "aye" . Motion carried unanimously. Lambert referred to the second pertaining to Mr. Wigen's discussions with several businesses regarding donations for half a zamboni , and one confirmation on a scoreboard with a possible second. Lambert displayed a graphic of the proposed scoreboard for Council members to review. Council members felt the advertising on the scoreboard as depicted to be in- appropriate and that a small sign on one end of the scoreboard with an appropriate logo would serve equally as well . Mr. Wigen stated he was not sure the donor would go along with a smaller sign, but would check to find out. Penzel added a modest sign with a beautiful scoreboard can be done successfully and the Council would consider it very favorably, i .e. , not to exceed 10% of the basis sign square footage. Lambert commented each side of the zamboni would have a sign about 3 feet by 4 feet, and as of this date Suburban National Bank has offered to donate 50% of the total cost of one zamboni . Council had no problem with the size of the sign on the zamboni . Lambert stated he would bring in another design proposal for a scoreboard within two weeks for the Council to consider. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS { A. Reports of Council Members } 1. Councilman Osterholt referred to the resolution on campaign spending and reports filed in City Hall pertaining to same. City Council Minutes - 6 - Tues. ,November 18, 1980 2. Mayor Penzel brought to the Council 's attention the request that is going to be made by the Board of Education to block off West 72nd Street, and suggested the Council may consider asking the Board of Education, in the event the request is granted, to open up Valley View Road. µ , 3. Councilman Osterholt referred to the signage on some of the buildings within the City and questioned if the sign ordinance has been enforced. Osterholt added he would talk to the City Manager about specific signs. 4. Councilman Redpath brought the Council up-to-date on Cable TV. 5. Councilman Edstrom informed the Council as to meetings he has attended and information he has received on both solid and hazardous waste. Edstrom stated he would keep the Council informed on these issues in the future. B. Report of City Attorney 1. Park Use Ordinance (continued from November 4, 1980) City Attorney Pauly distributed the revised Park Use Ordinance to Council members. MOTION: Redpath moved, seconded by Osterholt, to refer the revised Park Use Ordinance to the Parks, Recreation & Natural Resources Commission for their review and recommendation. Motion carried unanimously. 2. Discussion on Northern States Power Franchise R City Attorney Pauly reviewed with the Council the status of the Northern States Power Francise agreement. Pauly stated he would bring the agreement before the Council as soon as he has received feedback from City Staff and sat down with the NSP legal department. Hopefully this will be ready for Council 's consideration by December 2nd and, if not, shortly thereafter. C. Report of City Manager 1. Utility rates City Manager Ulstad spoke to the proposed utility rate structure schedule which has been submitted for the Council 's review. Ulstad noted the City has continued to use the present rates for a period of time and staff feels it is necessary to review these rates. Mr. Frane has developed rates which he feels are necessary both for the operation of the City's utility system and also the capital outlay that will occur within Eden Prairie in the next two years. Osterholt questioned if these rates were to be charged, what would the City collect in 1981, 1982 and 1983 in terms of total dollars (revenue) and what would the monies be expended for? Frane replied he would put together these figures for the Council 's review. ' It was the general consensus of the Council that consideration of the proposed rate schedule be continued to December- 2nd, allowing Mr. Frane to prepare information requested by the Council . City Council Minutes - 7 - Tues . ,November 18, 1980 a 3 2. Lease for liquor store (Preserve Village Center) City Manager Ulstad explained prior to the general election, discussion took place regarding the leasing of a second liquor facility which was primarily based on the assumption that the liquor question would be on the November ballot. City Attorney Pauly did inform staff that we could not ask that question this November, but would have to wait until a subsequent date and establish an election date and ask the question sometime in 1981: Ulstad referred to the letter received from Richard W. Gibson, Vice President and General Manager of Supplee Enterprises , Inc. , the firm that is handling all of the lease arrangements for the Preserve Village Center at Anderson Lakes Pky. & Co. Rd. 18. Late this summer Ulstad explained he pointed out to Mr. Gibson it was the opinion there would have to be an election to determine whether the City voters wanted the City to continue in the liquor business or not, so Mr. Gibson inferred he would hold the space open. In the communication dated November 7, 1980, Mr. Gibson indicates the space is still available and would like the City to commit as to whether the City is wanting the space or not. Reference was also made to the memo from Finance Director Frane giving a tentative estimate on what the City might anticipate in that area. Penzel asked for a recommendation from City Manager Ulstad. Ulstad replied he feels 1) the City voters are going to approve the liquor question, 2) the liquor operation at the Prairie Village Mall is a successful one which is operating at about 13% of the gross sales of the Penny's Supermarket and anticipated volumes at the Prairie Village Center to be a little less (9%) , however, based on that the City can show a profitable operation in that location also. Ulstad suggested the City enter into,or at least review, a lease that would call for a three year lease with an option for renewal with the same clause in effect with the Prairie Village Mall that the City can break the lease without too much difficulty in the event the City feels 3 years is too long a time. Ulstad requested authorization from the Council to negotiate a lease with Mr. Gibson and come back with same for review by the Council . Osterholt asked that a diagram be provided the Council showing the location of the liquor store in the Preserve Village Center. MOTION: Redpath moved, seconded by Osterholt, to instruct staff to negotiate lease arrangements for a liquor sotre in the Prairie Village Center. Motion carried unanimously. 3. Resolution Plos. 80-229, 80-230 and 231 regarding conformance with developer's t a reements for Shady Oak Park 2nd Addition, Lot 1 and Lot 2, and Shady Oak Park 4th Addition, Lot 2 MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution Nos. 80-229, 80-230 and 231 regarding conformance with developer's agreements for Shady Oak Park 2nd Addition, Lot I and Lot 2, and Shady Oak Park 4th Addition, Lot 2. Motion carried unanimously. 4. Meeting on tax increment financing City Manager Ulstad referred to the meeting to be held Wednesday, November 19, where 24 - 25 property owners in the Major Center Area have been invited to the City Hall for a meeting to review with them the action taken by the Council on tax increment financing so those property owners are familiar with their assessment and what the Council 's intent is. City Council Minutes - 8 - Tues. ,November 18, 1980 zr 5. Booklet to be sent to Moody' s f Ulstad displayed a booklet put together by Planning Director Enger to be sent to Moody' s . D. Report of City Engineer 1. Public participation work plan for alternate sanitary waste disposal study for Southwest Eden Prairie continued from 11/4/80 City Engineer Jullie explained this item was on the Council agenda on November 4th at which time the Council had questions about the fairness and equity of this program, and whether it was something the City should proceedi with. At that time Jullie indicated to the Council it was pretty much mandatory and there wasn't much choice in the matter. However, since that time Jullie explained he did meet with two members from the Minnesota Pollution Control Agency and Mr. Kent Lande, consulting engineer from Kirkham Michael Associates, Inc. Mr. Lande has written up a brief summary of things that were discussed at this meeting which Jullie distributed and reviewed briefly with Council members. It has now been determined that the grant program is not mandatory, but the County has the authority to impose solutions upon the City if they determine that there is pollution that should be abated. Therefor the County -is the one that has the authority to come in and implement some type of program. To-date Jullie feels Hennepin County is really not staffed or prepared to do such a thing. Jullie added the City can decline to further participate in the program and there apparently will be no immediate consequence to the City, but if problems do surface later than the County may require Eden Prairie to take corrective measures. If the study is stopped now there are some costs that have been incurred for the study to-date, but those are anticipated to be paid 90% by the State and Federal and Eden Prairie has to pay about 10%. If the program does continue and the City finds some problems, in reality it would take almost five years before any money would become available to take any corrective action, which seems ridiculous as when someone has an overflowing septic tank they are not about to wait five years to have it corrected. If it is felt there are serious problems in the City, then maybe the City should proceed with the plan, however, Jullie questioned that situation. Kent Lande, consulting engineer with Kirkham Michael Associates, answered questions regarding study which he prepared (study on file in City Engineer's office) . Lande reiterated if the City stops now, then only labor costs to-date and fixed fee would have to be paid and that would be shared 90% State/Federal and 10% City. MOTION: Redpath moved, seconded by Edstrom, to decline further participation and stop the facility plan study. Motion carried unanimously. 2. Receive 100% petition for improvements on W. 70th Street, I.C. 51-344C Resolution No. 80-222 This item was moved to the Consent Calendar (III . E. ) . 3. Receive feasibility report- for sewer and water laterals on Willow Creek Road at Flying Cloud Drive, I.C. 51-382eso ut on No, 80- 24 setting hearing or December 16, 1980) This item was moved to the Consent Calendar (III, F, ), r City Council Minutes - B - Tues. ,November 18, 1980 4. Petition for vacating drainage and utility easements abutting lots 9 and 10, block 15, Bluffs West (Resolution No. 80-225 - setting hearing for December 16, 1980) This item was moved to the Consent Calendar (III . G, ). 5. Consider bids for Sunset Trails, I.C. 51-392 (Resolution No. 80-226) Thfs item was moved to the Conselt Calendar (III. H. ) . i E. Report of Finance Director { 1. Request to set Public Hearing for consideration of a Liquor License for Mr. Steak for December 16, 1980 s Redpath questioned if there would be an addition to the restaurant, or if x liquor is planned to be served in a family style restaurant? Mr. Goeman, managing partner of Mr. Steak Restaurant, replied at this point there is no addition planned, however, they are optimistic of an addition in th near future. Liquor would be served strictly as a service bar and strictly d at the tables or booths . R 4 D Redpath asked how many Mr. Steak Restaurants serve liquor? a Goeman responded it would no longer be a Mr. Steak Restaurant as it is ?gainst the franchise agreement. The license if approved would be issued to possibly an individual or possibly Eden Prairie Steak Associates doing businessf as. Osterholt questioned how many licenses the City is entitled to issue, and how many have been issued? City Manager Ulstad replied until the official census has been submitted, the City presently has six, two of which have been issued and four available. Under the new census Eden Prairie would have twelve, r MOTION: Osterholt moved, seconded by Redpath, to set December 16, 1980 as the G Public Hearing date for consideration of a liquor license for Eden Prairie Steak Associates, Motion carried unanimously. 2. Resolution No. 80-227 relating to $18,500 000.00 General Obligation Tax Increment Bonds; authorizing the issuance and cat ng or the sale thereof Bill Fahey, Ehlers & Associates , spoke to his memo dated November 14 1980, recommending the Council consider selling one issue of $18,500,000.06 General Obligation Tax Increment Bonds at one time on December 9, 1980. General discussion took place and Mr. Fahey answered questions of Council members. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No, 80-227, relating to $18,500,000.00 General Obligation Tax Increment Bonds; authorizing the issuance and calling for the sale thereof for December 9, 1980, accepting the recommendation of Ehlers & Associates, and approving the request from the Housing & Redevelopment Authority to allow them to utilize City Staff for project improvements. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye". Motion carried unanimously. City Council Minutes - 10 - Tues. ,November 18, 1980 3. Resolution No. 80-228, relating to $300,000.00 Certificates of Indebtedness,_ Series 1980; authorizing the issuance and callin4 for the sale thereof for December 9, 1980 This item was moved to the Consent Calendar (III . I. ). IX. NLW'BUSINESS No "New Business". X. ADJOURNMENT MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at 10:50 PM. Motion carried unanimously. a t F t t C l� f i -` ✓ ��'- wv .spa /� .._.„ , �,"w B I D T A B U L A T I O N $300,000 Certificates of Indebtedness City of Eden Prairie, Minnesota SALE: December 16, 1980 AWARD: BANCNORTHWEST MOODY'S RATING "A" ET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE BANCNORTHWEST 8.90% 1983-85 $95.675.00 $300,000.00 Cronin & Marcotte, Inc. Minneapolis, Minnesota 8.90% DAIN BOSWORTH, INC. 10.20% 1983 $96,189.00 $300,036.00 Minneapolis, Minnesota 9.60% 1984 8.40% 1985 8.9478% EHLERS AND ASSOCIATES, INC. Financial Specialists 507 -Marquette Avenue Minneapolis, Minnesota 55402 Telephone (612) 339-8291 i . I