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City Council - 12/18/1979 APPROVED MINUTES EDENPRAIRIE CITY COUNCIL '! :_SDAY, DECEMBER 18, 1979 7:30 PM, CITY HALL )UNCIL MEMBERS: Mayor' Wolfgang Penzel , Dean Edstrom, Dave Osterholt, ste ho t, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Assistant Planner Jean Johnson; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger U]stgtd PLEDGE OF ALE.tGIANCE ROLL CALL; A71 members present. I. APPROVAL OF AGENDA AM GT+iER- ITEMS OF BUSINESS ilte following items were added to the agenda: g Discussion on Tax Increment Financing as item VII . A. ; Setting a Public Hearing or consideration of Y Ii uor license for Brothers Restaurant for January 22, 8O as item III . M. ; and Brown Property Dedication as item VI . D. 4. NOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. 1I. MINUTES A. Canvassing Board meeting held Friday, November 16, 1979 MOTION; Redpath moved, seconded by Penzel , to approve the minutes of the Canvassixsg Board meeting held Friday, November 16, 1979, as published. Motion carried unan-iroo05(,.. Br City Council meeti-q held Tuesday, November 20, 1979 MOTION: OsterhQlb. moved, seconded by Redpath, to approve the minutes of the City Councfl� meeting, held Tuesday, November 20, 1979, as published. Motion carried.,tomnimously,. C, Joint City Coung-J1 School Board and Parks , Recreation & Natural Resources. Commission held Saturday, December 1 , 1979 MOTION: Edstrom moved, seconded by Osterholt, to approve the minutes of the Joint City Council , School Board and Parks, Recreation & Natural Resources Commission meeting held Saturday, December 1 , 1979, as published. Motion carried unanimously. D. City Council meeting held Tuesday, December 4, 1979 Pg. 6, 2nd para. , line 10, strike "minotor" and insert "monitor" . Pg. 8, after the 1st para. of item D. 1 . , add a new para. to read as follows.- "Edstrom expressed concern about the safety of the deepened reservoir." MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the City Council meeting held Tuesday, December 4, 1979, as amended and published. Motion carried unanimously. Council Minutes - 2 - Tues. ,December 18, 1979 III. CONSENT CALENDAR A. Clerk' s License 'List B. Set Public Hearing for COR Investment for January 22, 1980 C. Set Public Hearing for Rembrandt' s Michelangelo Gardens for January 22, 1980 D. Set Public Hearing for Olympic Hills Sixth Addition for January 22, 1980 E. . Final Plat approval for Duck Lake Vista (Resolution No. 79-229) F. . Set Public Hearing for reinstating Planned Study properties around Co. Rd. 4 and T,H. 5 back into Planned Study for January 22, 1980 G. 2ndReading of Ordinance No. 79-36, rezoning from Rural to R1-13.5 for Nemec Knolls by Mr. & Mrs. Donald Nemec and developer' s agreement H. 2nd -Reading of Ordinance No. 79-42, rezoning 8 acres from Rural to R1-22 for a Willow Creek Farm by Vernon Geiger and developer' s agreement { I Request to set a Public Hearing for Municipal Industrial Development Bond approval for Einess, Norderhus and Anderson Project Eden Prairie Professional Buildin in the amount of 700,000.00 for January 22, 1980 J, Request to set a Public Hearing for Municipal Industrial Development Bond approval for Tekcom Properties in the amount of 1 ,250,000.00 for January 22 , 1980 K. Request to set a Public Hearing for Municipal Industrial Development Bond a2proval for S. K.S. Properties in the amount of 1 ,000 000.00 for January 22, 980 L. 2ad-Readin of Ordinance No. 79-37, rezoning 1st Addition, Shady Oak ustrial Parkfrom I-5 to I-2, rezoning 3rd & 5th Addition from Rural to I-2 and developer' s agreement ifis . Setting a Public Hearing for consideration of a liquor license for Brothers Restaurant for .Janua 22, 1930 MOTION: Edstrom moved, seconded by Redpath, to approve items A - M on the Consent Calendar. Motion ca,'ried unanimously. Council requested an item be added to the January 22nd Council meeting on the subject of outdoor advertising signs, i .e. , signs which are in violation of City ordinance. Penzel requested that a map be provided to Council members depicting the location of all signs that are in violation of the ordinance. Edstrom asked to be provided with background documentation as he was not a member of the City Council when this item was originally discussed. IV. PUBLIC HEARINGS A. Hidden Glen PUD, request for PUD concept approval for single family detached I lots on approximately 125 acres. Located east of TH 101 and south of Townline Road Resolution No. 79-198 Continued from December 4, 1979 Dick Feerick, representing the owners of the property - the Joe Dolejsi family, r r ;:,.ncil Minutes - 3 - Tues. ,Decmeber 18, 1979 A. Hidden Glen PUD (continued) spoke to their request for PUD Concept approval and also addressed the request 3 that part of the area be made available for no garages for roughly 70 lots on the northern portion of the site. Assistant Planner Jean Johnson explained the Planning Commission again reviewed this project at their November 26th meeting at the request of the Council , at which time the Corm►ission recommended approval of the PUD Concept contingent on the Planning Staff Report dated September 21st with the addition of two items: 1) that a feasibility study be done on the location of Dell Road and 2) that the neighborhood park area should be dedicated with Phase I approval . Director of Community Services Lambert explained when the Parks , Recreation �t & Natural Resources Commission reviewed this proposal , the final plan for the park was a little bit different than what is now shown. The northern edge of the park was moved up and was fronting on the east/west through street and was 10 plus acres. The proponents were agreeing to grade, seed and dedicate the park in the 1st phase - then there would be no cash park fee. This is what the Commission recommended for approval . Pauly questioned when the other open space areas in the project would be dedicated ; Lambert responded the mini-park would be dedicated in the lst phase, and the others could be dedicated any time. The greatest urgency is the neighborhood park. MOTION: Redpa th moved, seconded by Osterholt, to adopt Resolution No. 79-198, approving the Hidden Glen PUD request for PUD concept approval (the concept to provide for a number of no garage variances) for single family detached lots on approximately 125 acres as per the Planning Commission recommendations and the Planning Staff Report dated September 21 , 1979, deleting item 5 and adding a new item to read: "That the absolute number of lots without garages and their location within the PUD will be determined during the development stage review. " Redpath, Osterhalt, Pauly and Penzel voted "aye" , Edstrom E "abstained". Motion carried. B. Public Hearing for vacating portion of drainage and utility easements east of otus iew Drive Resolution No. 79--22 City Engineer Jullie spoke to Resolution No. 79-225, recommending that portions of the drainage and utility easements east of Lotus View Drive be vacated. Jullie explained the City has received requestsfrom the Jarip Corporation and Ms. Audrey Buss requesting a vacation of a portion of the utility easements which were acquired about four years ago when sewer and water were installed along Lotus View Drive east of T.H. 101 . Because Lotus View Drive ended in a cul-de-sac rather than extending through to Tartan Cruve, there now is excess right-of-way which can be vacated. It is possible to vacate 5 feet on both the north and south sides of the easement and still retain sufficient right-of-way for the sewer and water lines which are in place, Rusty Irvine, Jarip Corporation, added the original easement was for utility purposes only - not for road purposes . The original recommendation was to move the road where they would not have to cut, grade and fill as much, so at that time the accommodation was made to put the cul-de-sac in on Lotus View Drive and move Maple Leaf Drive further south. At that time they did not hear any objections about cul-de-lacing Lotus View Drive, as that seemed to be what every- body was asking for. Council Minutes - 4 - Tues. ,December 18, 1979 B. Public Hearing for vacating portion of drainage and utility easements east of Lotus View Drive continued Jane Kuhar, legal counsel for Audrey Buss (who was also present) , explained Ms. Buss pruchased the property several years ago and only after the area was in the process of developing and because of her certain tract, tried to work with the way the development was going in order to come up with something that would fit in with the plan. Also at the time they were doing the drawings, it was discovered that a portion of the easement encroaches onto the existing house. Probably what happened at the time the easement was dedicated, there may not have been a formal survey showing that encroachment. That is part of the reason Ms. Buss is asking for a vacation of the five feet, and also looking at the map the asbuilt portion of the easement actually just is the 20 feet and that is why they are asking for a reduction of the easement. x Irvine stated it is the first time he has heard the easements were ever paid for. Jullie replied it was included in the purchase of the right-of-way. Irvine further questioned if this was on any particular or all parcels? Jullie responded he woulu have to check and would come back with the answer later on during the Council meeting (see item VI . E. 3. ). MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-225, vacating a portion of drainage and utility ease- ments east of Lotus View Drive, with the provision that the City Engineer check as to the fees paid for the easements and, if they were, reimbursement be made to the City. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6577 - 6795 MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos. 6577 - 6795. Roll Call Vote: Osterholt, Redpath. Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. VI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1, _Mayor Penzel explained he has been contacted by Hakon Torjesen requesting a leave of absence from the Planning Cornmi ssi on for about 4 months as he and his wife intend to go to Thailand to serve as volunteers to treat Indo- Chinese refugees. The Planning Commission supports his request and recommends the Council also grant him this leave. MOTION: Osterholt moved, seconded by Redpath, to grant Hakon Torjesen a four month leave from the Planning Commission. Motion carried unanimously. B. Report of City Attorney City Attorney Pauly reported that the Ridgewood Condominium Association and Ban Con, Inc-have worked out their differences which has resulted in a Stipulation of Dismissal . C. Report of City Manager No report. fc >> ncil Minutes - y - Iues. ,December 18, 1:1/�i D. Report of Director of Community Services 1. Rotary Club donation for Community Services Van Director of Community Services Lambert spoke to his memo dated December 13, i 1979, explaining the Eden Prairie Rotary Club has agreed to provide up to $2,000 a year for the next 3 years for the purchase of a van to be used for the Senior Citizen Transportation Program. Lambert requested that the Council authorize Staff to obtain some written quotes on the purchase of a van. MOTION: Redpath moved, seconded by Osterholt, to authorize staff to obtain quotes on a van as requested by Director of Community Services Lambert. Motion carried unanimously. Mayor Penzel expressed the Council 's appreciation to the Rotary Club for their continued generosity. 2. Report from Community Center Building Committee Director of Community Services Lambert reported on the 1st meeting of the Community Center Building Committee held December 13, 1979 as outlined in memo. Osterholt questioned the report prepared by Lambert as he felt the consensus of the Committee on December 13th was that the Committee make the recommendations to the Parks , Recreation & Natural Resources Commission of a number of architectural firms, and that the Commission will make a recommendation to the City Council . The Committee, according to Osterholt, felt they would only be available for special call if there was any further need for them to meet. Edstrom indicated that he thought it may be wise to continue the Conmittee during the design and construction process to provide '. a liaison with the architect and contractor, to review plans, to make any appropriate recommendations on design details or change orders , and to provide a focus for continuing the cooperation and communication between the City and School Board. during the design and construction period. He felt that continuing the Committee would facilitate the process , but would defer to the recommendations of the Parks, Recreation & Natural Resources Commission on the subject. Osterholt added he would bring this item up for clarification at the Community Center Building Committee meeting scheduled for December 27th. Penzel questioned if any soil borings had been taken. Lambert replied they have been taken, the engineering is being done on the borings, and he should have a report before the next scheduled Committee meeting on December 27th. Penzel asked if Lambert had a report on the sewer line question. Lambert responded the Building Inspector, Wally Johnson, is looking into that. Apparently there is a problem with the direct connection, and m-jbe we will have to go around the outside of the school and make our own connection. Osterholt asked that the Council go back to the City's bond consultant to receive a more definitive idea on when the bonds should be sold. No action necessary. 3. Bluff Property Preservation Director of Community Services Lambert spoke to his memo dated December 10, 1979, and answered questions of Council members. Council Minutes - 6 - Tues. ,December 18, 1979 3. Bluff Property Preservation (continued) �r a Council requested that this item be continued to a future meeting and directed staff to secure more information on the topography and what could be developed keeping with the standards the City has used in the past. 4. Brown Property Dedication Director of Community Services Lambert spoke to his memo dated December 17, 1979, recommending the Council consider accepting the draft warranty deed without the restriction, thus allowing the City to have the option of pedestrian trails in the future. MOTION: Osterholt moved, seconded by Edstrom, to accept the draft warranty deed from the Brown's without the restriction as recommended by Director of Community Services Lambert as outlined in memo dated December 17, 1979. Motion carried unanimously. E. Report of City Engineer 'a d 1. Consider bids for street sweeper MOTION: Osterholt moved, seconded by Pauly, to award the bid to MacQueen Equipment, Inc. , the low responsible bidder, for a street sweeper in the amount of $48,095.00. Roll Call Vote: Osterholt, Pauly, Edstrom, Redpath and Penzel voted "aye". Motion carried unanimously. 2. New Municipal State Aid Street designations (Resolution Nos. 226 and 227) City Engineer Jullie referred to his memo dated December 14, 1979, recommending the Council consider approval of Resolution Nos. 226 and 227. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-226, revoking established municipal state aid streets. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-227, establishing a new portion to municipal state-aid route system within the City of Eden Prairie. Motion carried unanimously. 3. Final Plat approval for Sunset Crest (Resolution No. 79-228) City Engineer Jullie responded to a question that was raised during discussion of item IV. B. i.e. , there was no payment to the property which is encompassed in this plat - the payment was to the south side. Penzel requested appropriate reimbursement be made. to the City. i MOTION: Redpath moved , seconded by Osterholt, to adopt Resolution No. 79-228, approving the final plat for Sunset Crest. Motion carried unanimously. F. Report of Finance Director 1. Discussion on Municipal Industrial Development Guidelines Penzel referred to memo submitted by Finance Director Frane which outlined the options the Council might want to include or exclude in potential MIDB guidelines. Penzel suggested the Council members pick their preferences and let Frane know what their specific interests are, thus reducing the number of items before the Council discusses this item at a future meeting. Council members concurred with Penzel ' s suggestion. Ceancil Minutes - 7 - Tues. ,December 18, 1979 1. MIDB Guidelines .continued) Osterholt asked that the Council be provided with the State Statutes as amended that covers MIDB's. This item was continued to the January 8, 1980 Council meeting as per the Council 's request. 2. Request by Eden Hills Company for an extension of the time requirement for final approval for Municipal Industrial Development Bonds i Fenzel expressed concern that municipal industrial development bonds are generally easy and quick to market and this is the first occasion for the City of Eden Prairie where this is not the case. Penzel asked what the circumstances are for this type of a request for an extension. Osterholt also stated he was at a loss to understand why the bonds were not pursued and sold. Howard Rekstad, Vice President of Rosewood Corporation and partner in Eden Hills Company, replied initially after the bond was approved by the City and once they received approval in June from the Commissioner of Securities, they went out and met with lenders and because of the location, they did not look upon it favorably to underwrite a bond for a building which did not have a tenant. At that point they started looking for tenants . In this particular area at that particular time they were unable to locate one tenant that said six to seven months down the road they will need 40,000 square feet. Rekstad continued, so not understanding that the 12-month limitation was in the process, they continued to work. Then they were caught in a tough money market. First National is giving them a three-year loan and during that time when the market comes down the bonds will be sold. They are anticipating the tough money market will be reversed and come Spring the bonds will be sold and they are prepared to move ahead on the project. City Attorney Pauly referred to communication from the City's bond counsel , Dorsey, Windhorst, Ha nnaford, Whitney & Halladay, where they have given an opinion that it would be in the discretion of the City to act, if it so desires, to extend the agreement. (Letter attached as part of minutes) Mr. Rekstad added they have received approval for MIDB's in other communities and there has never been a 12-month time limitation. City Attorney Pauly commented the agreement for which the Dorsey firm acts as the City's bond counsel contains the 12-month limitation. The City hasn' t specifically adopted that as a standard requirement of the City as in some instances the City does not have the 12-month requirement, and in some other instances that is included in the agreement. Edstrom felt the 12-month time limit should be included in the MIDB' s guidelines when they come up for discussion on January 8th. Mr. Prince, Juran & Moody, spoke on behalf of the proponents, asking the Council for an extension of time so they have an additional period of time to place the financing. MOTION: Osterholt moved, seconded by Redpath, to grant an extension of the time requirement for final approval for Municipal Industrial Development Bonds for Eden Hills Company to the lst Council meeting in April , and direct staff to investigate remarks made this evening. Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye" . Motion carried unanimously. COUnci 1 Minutes - 8 - Tues. ,December 18, 1979 3. Resolution No. 79-,230, amending the 1979 Budget T MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-230, amending the 1979 Budget. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye"; Pauly "abstained". Motion carried. VI I. NEW BUSINESS A. MayorPenzel requested that an item be placed on a future Council agenda consistinc of an example on how tax increment financing might work for Eden Prairie. i VIII . ADJOURNMENT $ i MOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at 9:55 PM. Motion carried unanimously. t to DORSEY, WINDHORST, HANNAFORD, WHITNEY S► HALLADAY 8300 FIRST NATIONAL SANK BUIL.DINO PLEI.S6 REPLY TO: MINNEAPOL13,MI N NESOTA 0540it 15 TMIpD STREET $OUTMW E3T MINNESOTA 6690) lglt)3.►O-Hg00 1468 W-FIRST NATIONAL BANK BUILDING iOCM[STER, ST.PAUL,M►NNESOTA 55101 (607) 26q-3160 CANLE:OOROW 16121227-0017 T191-EX:29-0606 TICLECOPICRI012)340-=646 JOMN 0. KIRDY December 11, 1979 404M)287-6017 Mr. Russell Prince Juran & Moody, Inc. 114 East 7th Street St. Paul, Minnesota 55101 Re: City of Eden Prairie-Eden Hills Company Industrial Development Revenue Bonds Dear Russ: I am in receipt of your letter of December 7 , relating to the above matter. Upon reviewing the documents , I am of the opinion that the Eden Prairie City Council is fully authorized in its discretion to amend, or waive entirely , the provisions of paragraph 4 (a) of the Memorandum of Agreement relating to the above project. Very truly r , ohn D. JDK:smd cc: Mr, Richard Rosow Mr. John Frane I i