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City Council - 01/04/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL �l TUESDAY, JANUARY 4, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richari Anderson, George Bentley, 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 Ser11 vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL . I. SWEARING IN CEREMONIES FOR MAYOR WOLFGANG PENZEL AND COUNCILMEN PAUL' REDPATH AND RICHARD ANDERSON City Attorney Roger Pauly administered the oath of office to Mayor Wolfgang H. Penzel , Councilman Paul Redpath and Councilman RichardAnderson. II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: XI . A. 1. Legislative Priorities, XI. A. 2. Anderson Lakes County Park, and XI . B. 1 . Discussion of North Star Professional Hockey Organization Proposal . MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 21, 1982 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, December 21, 1982, as published. Motion carried with Anderson abstaining. i s ;I r p� City Council Minutes -2- January 4, 1983 IV. CONSENT CALENDAR A. Clerk's License List B. Set Board of Review Meeting for May10, 1983 C. 2nd Reading of Ordinance No. 16-82 permitting gymnastics use in an indus- trial district D. Approval of request from the Public Safety Department to advertise for bids for a 1983 Modular Rescue Vehicle MOTION: Tangen moved, seconded by Redpath, to approve items A - D on the Consent Calendar. Motion carried unanimously. V. • PUBLIC HEARINGS A. Request for Liquor License for Kabuki Restaurant City Manager Jullie noted the Public Safety Department had completed its record check and background investigation. Tom Thorfinnson, attorney; Ernest Shimoko, chief executive officer; and Joseph Peltier, manager, were present to answer questions . They stated the operation would be run in much the same way that Genghis Kahn of Sapporo had been run. It was noted that Genghis Kahn had closed on Deccnber 31st. MOTION: Redpath moved, seconded by Bentley , to close the Public Hearing and to continue consideration of the liquor license for Kabuki Restaurant to January 18, 1983. Motion carried unanimously. VI . PAYMENT OF CLAIMS NOS. 5442 - 5483; 5484 - 5604 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 5442 - 5483; 5484 - 5604. Roil call vote: Anderson, Bentley, Redpath, Tangent and Penzel voted "aye. Motion carried unanimously. VII . REPORTS OF ADVISORY COMMISSIONS There were no reports. VIII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request for preliminary plat approval for Shady Oak Industrial Park 6th Addition by Richard Anderson of 7.3 acres for two lots, formerly portions of Shady Oak Industrial Park 3rd Addition (Resolution No. 83-08) City Council Minutes -3- January 4, 1983 Warren Israelson, engineer for Anderson, was present to answer questions. Penzel expressed concern that provision for adequate right-of-way for West 70th Street be dedicated prior to the filing of the plat. He said he does not wish to see the City have to purchase the right-of-way at a later date. Israelson said Lee Data has a warranty deed for the property in question -- however this has not been filed due to taxes due on the property. Penzel suggested this issue be clarified prior to final plat approval . Tangen concurred. Israelson asked what kind of assurances the City would need. He said the sale has been consummated -- Opus owns the portion of land needed for access to the Lee Data parcel . Penzel said perhaps the necessary assurances could be obtained by the City from Opus. Israelson went on to say that the purchase had not been recorded yet because of the taxes which are due and had not been paid. He thought this would be completed in another month or two as nothing else can be recorded until such time as all taxes have been paid. Bentley asked if there was a need to rush this. Israelson said there had been a closing on the construction financing for a building which will be built and for which they have tennants. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 83-00, approving the preliminary plat of Shady Oak Industrial Park 6th Addition. Motion carried unanimously. B. Request for final plat approval for Shady Oak Industrial Park 6th Addition by Richard Anderson of 7.3 acres for two lots , formerly portions of Shady Oak Industrial Park 3rd Addition (Resolution No. 83-09) MOTION: Tangen moved, seconded by Redpath, to continue action on Resolution No. 83-09, approving the final plat of Shady Oak Industrial Park Sixth Addition to January 18, 1983. Motion carried unanimously. C. Request for prel imi nar l at approval for Rymarl and Camp 3rd Addition by Milton 0. Quam of 4.4 acres for 11 single family detached lots , formerly portions of Rymarland Camp 2nd Addition. Located east of Highway 101 and south of Hidden Ponds 2nd Addition (Resolution No. 83-10) Planning Director Enger introduced Tom Bergquist , Sathre-Bergquist, represen- ting the proponent. Bergquist addressed the proposal . Redpath noted this proposal had originally been adopted including a swimming pool and tennis courts as amenities. Bergquist said the homeowners were not interested in an homeowner's association to maintain these facilities. City Council Minutes -4- January 4, 1983 Enger noted the Planning Commission had reviewed the proposal at its December 27, 1982, meeting at which time it had recommended approval . Discussion of what had been included in the original Developer's Agreement ensued. Bentley said he questioned whether or not taking away the amenities which had been a part of the Developer' s Agreement would qualify as open-ended zoning. He felt the densities were being changed ex post facto. It was noted the swimming pool and tennis courts were not in good condition prior to the time they were "plowed under. " Director of Community Services Lambert said he is skeptical of developers who claim a hornee�-ner' s association will maintain a pool and tennis courts. Penzel asked what the impact would be on the Developer's Agreement from a legal standpoint, if this request were granted. City Attorney Pauly said it would depend upon the provisions included in the Developer's Agreement and whether or not there were specific prohibitions. Bentley said he felt this might be opening a Pandora' s box -- if open space areas were allowed to be used for additional density. MOTION: Redpath moved, seconded by Bentley, to refer the matter to City Attorney Pauly for review of the Developer' s Agreement. Motion carried unanimously. IX. APPOINTMENTS ` A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates. MOTION; Redpath moved, seconded by Bentley , to appoint the Mayor as Represen- tative to the Metropolitan League of Municipalities and Councilmen Anderson, Bentley, Redpath, and Tangen as Alternates. Motion carried unanimously. it B. Health Officer - Appointment of 1 Health Officer for the year 1983. Appointment by Mayor with consent of Council . MOTION: Bentley moved, seconded by iangen, to confirm the Mayor's appointment of Dr. Frederic P. Ekrem as City Health Officer for 1983. Motion carried unanimously. C. South Hennepin Human Services Council - Appointment of 2 Consumer Representatives to serve 2 year terms commencing 2/1/83, MOTION: Bentley moved, seconded by Tangen, to appoint Rosemary Dysinger to the South Hennepin Human Services Council . Action on the appointment of an additional Consumer Representative continued to the January 18, 1983, Council meeting. Motion carried unanimously. D. WAFTA Board - Appointment of 1 Representative to serve a 1 year term commencing I/1/83. MOTION: Tangen moved, seconded by Bentley, to continue action on this appoint- ment to the January 18, 1983, meeting of the City Council . Motion carried unani- mously. city .nutes -5- January 4 , 1983 X. ORDINANCES & RESOLUTIONS A. Resolution No. 83-01 designating the official meeting dates, time and �lace - - _ for the City of Eden Prairie Council members in and appointing an Rct n9 Mayor - ^.._�. _ _.� _ --- MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-01, designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1983 and appointing Paul Redpath Acting Mayor. Motion carried unanimously. B. Resolution No.^83-02,� des i gnati nq the official City Newspaper MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-02, designating the Eden Prairie News as the official City Newspaper and to publish the "Happenings" , the City's Newsletter, in The Mint Advertiser. Motion carried unanimously. C. Resolution No. 83-03, -authorizing City Officials to transact banki_ng_ business MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-03, authorizing City Officials to transact banking business. Motion carried unanimously. D. Resolution No. 83-04_, authorizing use of facsimile signatures _by Public _Officials MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 83-04, authorizing use of facsimile signatures by public officials . Motion carried unanimously. E. Pesolution No. 83-05, desi natinq depositories MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-05, designating the Suburban National Bank as the official depository for the public funds of the City of Eden Prairie. Motion carried unanimously. F. Resolution No. 83-06, authorizingd the treasurer to invest City_ of _..den Prairie funds , ._.�. _ ..— -._ MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 193-06, authorizing the treasurer to invest City of Eden Prairie funds. Motion carried unanimously. 1. r City Council Minutes -6- January 4, 1983 G. Resolution No. 83-07, establishing fees for the City of Eden Prairie for 1983 The Council discussed various fees included in this Resolution. ' Penzel felt fees should reflect the actual cost (i .e. particularly inspections. ) Tangen asked the status of the City's cash park fee in relation to those of other communities. Tangen expressed concern that fees of this type add to the high cost of developing property and any raise in the cash park fee would only create an additional burden. Redpath asked if there were any figures available as to what City fees add to the most of a home. Penzel stated the Council must determine what it intends this community to be -- will the City no longer pro- vide amenities to all City neighborhoods? Redpath said perhaps the Council should be discussing user fees. Penzel said the cash park fee might be pro- rated on the cost of the house; this would minimize the impact on the price of a moderate house. Anderson pointed out that Lawcon and other types of grant. sources have all but dried up; cash park fees are all that is left to finance parks. MOTION: Bentley moved, seconded by Redpath, to give preliminary approval to Resolution No. 83-07, establishing fees for the City of Eden Prairie for 1983; and to ask Staff to put together a status report on cash park fee projections (anticipated income and anticipated needs) , and to put together a study of other communities' cash park fees and charges which will then be brought back to the Council for its review. Motion carried unanimously. City Attorney Pauly noted the form of the Resolution will be modified somewhat since there are references to Ordinances which are now incorporated in the city Code and which will be referenced as such. A working copy of the revised Reso- IL lution will be available to the Mayor and Council as soon as possible. XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. worts of Council Members 1. Legislative Priorities Penzel called attention to a letter which had been received from the League of Minnesota Cities which asked the City Council to consider which five of the proposed policies addressed in the letter would be of most importance to the City. The League of Minnesota Cities proposed legis lative policies for the 1983-1984 Legislative session will be considered at the League of Minnesota Cities Annual Legislative Conference to be held January 26, 1983, at the St. Paul Radisson Hotel . The consensus was that Councilmen would individually prioritize recommen- dations outlined by the League and would submit them to City Manager Jullie who would then tabulate them and forward the City's recommendations to the League. -I City Council Minutes -7- January 4, 1983 2. Anderson Lakes County Park Redpath noted he and Director of Community Services Lambert had attended a meeting of the Hennepin County Park Reserve at which time the Anderson Lakes/Bush Lake Park was discussed. Redpath stated there will be a bike path under County Road 18 which will connect with the existing path along Anderson Lakes Parkway. A chip path on the west side of Ander- son Lakes will be eliminated and instead an Indian moccasin path will be built. No specific dates have been set for construction. Anderson asked if boats would be allowed on Anderson Lakes. Lambert said there are still plans for interpretive canoeing included on the southern Anderson Lake only. 3. The Council discussed snow removal during the recent snow storm. MOTION: Redpath moved, seconded by Tangen, to commend the Public Works crews for a good job of snow removal during the December 27 - 28, 1982. snow storm. Motion carried unanimously. B. Report of City Manager 1. Discussion of North Star Professional Hockey Organization Proposal City Manager Jullie called attention to a memorandum of January 4, 1983, to the Mayor and City Council from Director of Community Services Lambert which addressed the proposal submitted by the North Stars ' organization regarding the feasibility of an addition to the Community Center to accommo- date a locker room, training and storage facilities for a practice facility for their team. Community Center Manager Pappas spoke to the proposal . The Council discussed the ways in ' which this- proposal would affect-the use of the facility by City residents. It was agreed the use by the North Stars would be at times when there is very little usage by others and it would have a positive effect in terms of good publicity and public relations. MOTION: Redpath moved, seconded by Anderson, to authorize Staff to pursue negotiations with Lou Nanne, General Manager of the North Stars organization, as per Lambert's memorandum of January 4, 1983. Motion carried unanimously. C. Report of City AttornU There was no report. City Council Minutes -8 January 4, 1983 XII . NEW BUSINESS Penzel raised the question as to land which the City owns on Purgatory Creek in the Edenvale area for which the City has never received a deed. It was determined that City Attorney Pauly will look into the situation. Redpath. _ suggested the City begin collecting cash park fees from Edenvale properties. City Manager Jullie stated Equitable has not fulfilled its requirements. XIII. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:42 p.m. Motion carried unanimously. .1 p },.:.. 59 ;4m"'4 ,Rr�