Loading...
HomeMy WebLinkAboutCity Council - 11/20/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL 1 TUESDAY. NOVEMBER 20, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath b George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley _ PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IV. A. add (Resolution No. 84-308); III. B. Authorization for Reynolds Printing MIDB project application to the Minnesota State Com etative MIDB Pool ; IX, B. 1. Watershed District Report; IX. B. 2. anuary 1985 Meetings of the City Council ; and IX. A. 1. - Bentley - Museum Project. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. Minutes of City Council Meeting held Tuesday, September 4, 1984 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, September 4, 1984, as published. Motion carried unanimously. B. Canvassing Board Minutes from Meeting held Thursday, November 8, 1984 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the Canvassing Board held Thursday, November a, 1984, as amended and published. Motion carried with Redpath abstaining. City Council Minutes -2- November 20, 1984 III . CONSENT CALENDAR A. Final Plat approval for MN-TX Business Campus (Resolution No. 84-306) B. Authorization for Reynolds Printing MIDB project application to the Minnesota State Competa tive MIDB Pool MOTION: Bentley moved, seconded by Anderson, to approve items A & B on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. TEFRA Hearing for McGlynn Bakeries project in the amount of $400,000.00 City Manager Jullie indicated notice of this Public Hearing had been published. There were no comments from the audience. a MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-308, amending preliminary approval of a proposed industrial development project by McGlynn Bakeries, Inc. under the Municipal Industrial Development Act and authorizing submission of an application to the Minnesota Energy and Economic Development Authority for approval thereof. Motion carried unanimously. B. TEFRA Hearing for Computer Depot Project in the amount of $3,400,000.00 Manager Ju l l Jullie stated notice of this Public c Hearing had beenpublished . City g There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. C. TEFRA Nearing for Edenvale II Apartments in the amount of $2,750,000.00 City Manager Jullie said notice of this Public Hearing had been published. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. D. TECH THREE by Technology Park Associates. Request for zoning district change Rural to I-2 and Preliminary Plat of 4.35 acres into one lot, Location: south of West 70th Street, west of Washington Avenue. (Ordi- nance No. 125-84 - zoning district change from Rural to I-2 and Resolution No. 84-304 - preliminary plat) City Council Minutes -3- November 20, 1984 3 City Manager Jullie stated notice of this Public Hearing had been published and adjacent property owners had been notified. Brad Hoyt, proponent, addressed the proposal . Planning Director Enger said this request had been reviewed by the Planning Commission at its October 29, 1984, meeting at which time the Commission voted to recommend approval subject to the findings included in the October 26, 1984, Staff Report and with the additional recommendation that a sidewalk be installed on the north side of West 76th Street for pedestrian circulation. Enger said the Commission urged that this sidewalk be extended throunh Tech One and Two at the same time as the sidewalk is constructed in Tech Three and that this eventually be extended to Golden Triangle Drive. The Commission recommended that a 5' concrete sidewalk be constructed on one side of the street and a bituminous trail on the other side. There was no report from the Parks, Recreation & Natural Resources Commis- sion. Bentley asked what the status is of the traffic study for this area. Enger said he had reviewed the preliminary computer runs with the City`s consul- tant at BRW. The areas of concern have been identified. Enger noted that suggestions as to what the City might do and suggestions for improvements will come in the next few weeks. Enger said he would like to see this finished soon as Vantage Corporation wants to examine it before coming before the Council with its master plan. Bentley asked if there might be traffic situations that would have an impact on the area under discussion which should be brought out prior to approval . Enger said there are no problems anticipated with Techs One, Two and Three. Enger noted that Hoyt is requesting release from the dedication of right-of-wa` for Golden Triangle Drive at this time with this phase; Enger explained there is not the need for the right-of-way at this time. Tangen said he thought that was a logical request since there was no direct effect on Golden Triangl Drive; he stated that any extension beyond this point should be included however. There was further discussion on the traffic study. Enger noted that the City had commissioned the study; it had originally been thought that the developer would do this, Hoyt said he will be coming before the City Council with a PUD once the traffic study is done. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give Ist Reading to Ordinance No. 125-84. Motion carried unanimously. City Council Minutes -4- November 20, 1984 MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 34-304, approving the preliminary plat of Eden Prairie Technology Park , Phase III for Hoyt Development. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations including the construction of sidewalks on the north side of West 76th Street with an extension of the sidewalk through Techs I and II and with the postponement of the dedication of right-of-way for Golden Triangle Drive until a traffic study is completed and recommendations have been made. Motion carried " unanimously. E. EDEN PRAIRIE ATHLETIC CLUB by William 0. Naegele, Trustee. Request for Planned Unit Development District Review of 17.7 acres and zoning district change from Rural to Commercial Regional Service for 10.11 acres for an indoor-outdoor athletic and fitness center. Location: Prairie Center Drive at Singletree Lane. (Ordinance No. 126-84-PUD-12-84 - zoning district change from Rural to Commercial Regional Service and PUD District Review) City Manager Jullie indicated notice of this Public Hearing had been published and property owners with the project vicinity had been notified. Don Brauer, spokesman for the proponents; Greg Lappi n; and Brian Cluts, architect, were present to address the request. Planning Director Enger said the Planning Commission had reviewed this request at its meeting on October 29, 1984, at which time it voted (3-1-1: Johannes was uncomfortable with the bubble and Torjesen abstained) to recommend approval subject to the findings included in the Staff Report dated October 26, 1984. Director of Community Services Lambert stated the Parks, Recreation b Natural Resources Commission had reviewed this request at its meeting on November 5, 1984, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and the Supplementary Staff Report dated November 1, 1984. Lambert noted there was discussion as to how this fits in with the park master plan for that area. There was concern expressed regarding the trail easement. The Commission also asked for a one-year guarantee on landscaping. Bentley asked what the color would be of the roof over the permanent tennis courts. Enger said that had not been determined. Brauer said he would like to work with Staff regarding this. Brauer indicated the materials they are looking at are like those which were used on the Public Safety Building; the color range is wide. Anderson asked where the City stands regarding bubbles . Enger said the C i ty had approved one in the past -- for the Vikings ; that bubble sits down on the site and is not especially prominent and serves a special need. Enger pointed out that no policy had been established in this regard. City Council Minutes -5-- November 20, 1984 Redpath asked about dedication of park land. Brauer reviewed what they would like to do on their land; he said they would intend to plat and donate some land in the vicinity of the parking lots and they would prefer to coordinate the location of the paths with the City. Bentley asked if the entire parcel west of Prairie Center Drive was to be rezoned. Enger said only this parcel would be rezoned. Bentley asked if the street would be a public street. Brauer said they have not considered that a public street but rather a private street. Enger said this issue can be resolved between 1st and 2nd Readings of the Ordinance, Anderson and Bentley said they would like to see that done and they woul d 1 i ke i t to be a publ i s street. Penzel asked about the location of the parking. Brauer said there would be some parking at the 824' contour which he considers to be suitable primary parking because he does not feel water will ever come to that contour. Penzel said he felt a meandering shoreline was being created for aesthetic purposes. Bentley asked if the City was seeking dedication of the roadway for public right-of-way. Enger said the fate of the parcel to the north had not been determined. He indicated the City might move to reserve that parcel but nothing had been done on that yet. Lambert reviewed the recommendation of the Parks, Recreation & Natural Resources Commission; before another development comes i r the Commission would like to see a major access to the floodplain established. Bentley said he felt that,; according to Brauer, the City had someone who was willing to dedicate the land for the right-of-way. Re suggested that the rezoning be changed prior to 2nd Reading to reflect the dedication. Tangen asked about the use of the temporary bubble -- when and for how long would it be up. Brauer said it would be in use from October to May. Lappin said it would probably be up from the second week in September to the 1st week in May. He stated the bubble comes in 4 sections and would be stored on the south side of the permanent structure. Tangen asked if it would be visible in the summertime while it was in storage. Brauer said it would be behind a cover so it would be protected from the sun. Tangen expressed concern about the visual impact from the south. Lappin said the tennis court screens are about 12` and would act to screen the storage. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 126-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations and including the dedication of the street right-of-way, indicate prior to 2nd Reading what is going to be to the south. Motion carried unanimously. a. . City Council Minutes -6- November 20, 1984 Brauer asked that the Council grant footing and foundation permits prior to 2nd Reading. There was discussion on the procedure to be used in this instance. Enger noted that the Summary Resolution can be structured so as to include review by the City Council of any and q all concerns prior to issuance of a building permit. Anderson said } that solution would satisfy him. MOTION: Anderson moved, seconded by Bentley, to accept the recommendation of Staff. Bentley said he felt if this were a procedural question it would not be a problem. He noted that this is why the Council has granted grading permits in the past. Bentley said he did not have a problem with the site or the structure but was concerned and had questions regarding the aesthetics. He said if Staff was comfortable with this he would go along with it. VOTE ON THE MOTION: Motion carried with Tangen and Penzel voting "no." (Tangen said his "no" was based on procedure; he was not comFortabl a with doing this prior to 2nd Reading.) F. BLUFFS EAST 3RD ADDITION by the Bluffs Company. Request for zoning district change from R1-13.5 to R1-9.5 for 9.63 acres for 29 single family lots. Location: west of Franl o ,Road, south of Lee Drive (Ordinance No. 128-84 - amending Ordinance No. 107-84 and rezoning from R1-13.5 to R1-9.5) City Manager Jul 1 i e stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Sally Brown, 10080 Bennett Place, indicated she had attended the last meeting of the Watershed District. She said the decision of the District was to go no further with the developer in the Bluff`s area until there is a solution to the run-off problem. Brown had photos which she had taken of the area and these were reviewed by the Council . Director of Public Works Dietz said this problem is under examination by several agencies . There was no one present to represent the proponent. MOTION: Bentley moved, seconded by Redpth, to continue this Public Hearing to December 4, 1984. Motion carried" unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to review the entire Bluffs East area for drainage and erosion problems and to make certain that erosion controls are adequate and to report any violations. Motion carried unanimously. City Council Minutes -7- November 20, 1984 V. PAYMENT OF CLAIMS NOS. 16860 - 17194 i MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 16860 - 17194. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 127-84, Imposing a fee for the disposal of SolidWaste, effective 1I 1 85 MOTION: Bentley moved, seconded by Redpath to give 1st Reading of Ordinance No. 127-84. Motion carried unanimously. B. Resolution No. 84-305 for the Final Approval of Municipal Industrial Development Bonds in the amount of 3,400,000.00 for Computer Depot MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 84-305, providing for the issuance and sale of a revenue bond pursuant to the Minnesota Municipal Industrial Development Act to provide funds to be loaned to Computer Depot, Inc. , a Minnesota Corporation, for a commercial project and approving the disbursing agreement, loan agreement, assignment and pledge of loan agreement, combination mortgage, security agreement, and fixture financing statement, and assignment of rents and leases. Motion carried unanimously. C. Resolution No. 84-307 for Final Approval of HousingRevenue Bonds in the amount of 2,750,000.00 for Edenvale II Apartments MOTION: Anderson moved, seconded by Penzel . to adopt Resolution No. 84-307, authorizing the issuance of the $2,700,000 Housing Development Revenue Note (Eden Investments Partnership Project) , Series 1984, of the City of Eden Prairie, Minnesota, which note and the interest thereon shall be payable solely from the revenues pledged thereto; prescribing the form of and authorizing the execution of a loan agreement and a pledge agreement; prescribing the form of and authorizing the execution of a disbursing agreement; authorizing the execution and sale of the note and directing delivery thereof; prescribing the form of and authorizing the execution of a regulatory agreement; authorizing the forms of a com- bination mortgage, security agreement and fixture financing statement, an assignment of leases and rents, and a declaration of restrictive covenants; and providing for the security, rights and remedies of the holders of said revenue note. Motion carried unanimously. x m City Council Minutes -8- November 20, 1984 j VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Thomas J. Esser, Executive Director of South Hennepin Human Services Council , to appear before the Council This item was continued to a December meeting of the City Council. B. Request from Douglas E. Reuter for change in the City Code relating Y to garbage containers t City Manager Jullie called attention to a November 13. 1984, letter from Mr. Reuter which was in the Council packet. MOTION: Bentley moved, seconded by Tangen, to approve the suggestion of Reuter and to direct the City Attorney to draft an amendment to the City Code. Motion carried unanimously. C. Request by Eden Commons Apartment Project (Chasewood) for a_Public U-ffe—ring of Housini Revenue Bonds in the amount of$13 500,000.00 without a letter of credit Jerry Hertel , Juran & Moody, Inc. , was present to address the action. He said that since the original Public Hearing on this the proposal has been further analyzed and it is felt this project can be done without the usual credit enhancement because this company has had unusual success. Hertel said the project will be managed by a subsidiary of Trammel Crow Co. Redpath asked how much a letter of credit would cost. Hertel said about 2% annually; a credit rating must also be obtained from Moody's and Standard & Poor's. Bentley said he has never liked housing revenue bonds and said he could not support this without a letter of credit. Redpath concurred. Hertel noted that credit enhancements were not necessary prior to 1980. At that time the economy was on a downturn; it -is not as necessary with today's economy. Dan Sheehan, Chasewood Company, indicated that Trammel Crow has $6 billion in assets; the Chasewood Company has done $600 million in these transactions in the Midwest. He said they do provide a full quarantee through the con- struction period as well as for a full two-year period afterwards, Tangen asked what was the duration of the bonds. Hertel said they would have a 30-year amortization. Sheehan said there would be a 69% loan to value as opposed to the usual 75 80%. Sheehan said their management company has a 94% occupancy. MOTION: Redpath moved, seconded by Bentley, to deny the request without a letter of credit. City Council Minutes -9- November 20, 1984 ]/{8j S Bentley said that although he is confident in the Twin Cities ' economy he did not want to see a precedent set. Hertel asked if the Council would be willing to allow a private placement of these bonds. Penzel said the Council had not opposed private placement in the past. MOTION WITHDRAWN WITH THE CONSENT OF THE SECONDER. City Attorney Pauly said a letter of credit would not be required if this were to be accomplished on a private placement basis. MOTION: Tangen moved, seconded by Redpath, to not require a letter of credit for the Eden Commons Apartment Project (Chasewood) for $13,500,000. 00 of Housing Revenue Bonds only if this is a private offering, Motion carried with Penzel voting "no. " VIII. APPOINTMENTS A. Appointment of members to the Recycling Advisory Committee City Manager Jullie noted the November 16, 1984, memorandum from Assistant to the City Manager Dawson in which this was addressed. MOTION: Redpath moved, seconded by Tangen, to appoint the following to the Recycling Advisory Committee: "Pinky" Bramwell , Virginia Gartner, Carlton Moore, James Os berg , Mike Pau 1 i ng. Doug Reuter, Kathy Webster, Jerry Ki ngrey and Jesse Schwartz, Jr. ; as well as representatives of Eden Prairie Trashtronics and Woodlake Sanitary Service/Browning-Ferris. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - Museum Project Bentley reported that the Eden Prairie Foundation had requested Hennepin County stub in utilities to that portion of the new library building which would be used as a Museum. The County has said it is unable to do so and has stated it would cost $14,000 to do so. Bentley asked if the City Council would be willing to participate in this; would the Council be willing to "front-end the money. The Foundation Board of Directors would then pay back the money over a period of a couple of years. The consensus was to have Bentley further examine this possibility as the Council would be willing to "front-end" the Museum. City Council Minutes -10- November 20, 1984 B. Report of City Manager 1. Watershed District Report City Manager Jullie stated the Watershed District has asked the City to come back -with a specific proposal regarding the Round Lake water level problem. He noted the Watershed District has usually contributed 50% of the cost of such a project. a Penzel said he felt this was worth looking into. Anderson said he would like to see any proposal come back before the Council. MOTION: Bentley moved, seconded by Redpath, to pursue a cost sharing arrangement with the Watershed District regarding the water problem F at Round Lake. Motion carried unanimously. e 2. January 1985 Meetings of the City Council City Manager Jullie noted the first Tuesday in January falls on a holiday and there are five Tuesdays in January in 1985. MOTION: Redpath moved, seconded by Bentley, to schedule the regular meetings of the City Council on the 2nd and 4th Tuesdays in January which would be January 8, 1985, and January 22, 1985. The meetings will be held in the School Administration Boardroom at 8100 School Road. Motion carried with Tangen and Penzel abstaining. 3. Christmas Eve City Manager Jullie suggested the Council might wish to close City Hall for the entire day on Christmas Eve, December 24th. He said that City employees are given a half day of vacation for use on Christmas Eve and since that day falls on Monday this year, it might be a good idea to allow employees to take the entire day as a vacation day and have City Hall closed. MOTION: Tangen moved, seconded by Anderson,: to close City Hall on December 24, 1984, with employees allowed to use a vacation day. Motion carried unanimously. C. Report of City Attorney City Attorney Pauly outlined what has been the procedure regarding Guide Plan amendments. He said he felt it would be appropriate to ask the Attorney General for an opinion. The Council directed that Pauly do so_ k City Council Minutes -11- November 20, 1984 t D- Report of Community Services Director �.. 1. Community Center Water Problems Director of Community Services Lambert addressed his memorandum of November 14, 1984. MOTION: Tangen moved, seconded by Anderson, to authorize Staff to enter into a contract with Twin City Testing as outlined in Lambert' s November 14, 1984, memorandum. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. E. Report of Director of Public c Works 1. Winter sanding procedures Director of Public Works Dietz spoke to his memorandum of November 15, 1984, in which he outlined winter plowing and sanding procedures. The consensus of the Council was to accept Dietz's recommendations as outlined in his memorandum. X. NEW BUSINESS There was none. The Council adjourned to a private session at which time City Attorney Pauly spoke with Council members regarding litigation -- specifically, The City vs. Terry Douglas . XI. ADJOURNMENT NOTION: Tangen moved, seconded by Anderson, to adjourn the meeting at 10:28 p.m. Motion carried unanimously. TT ry x i1