City Council - 03/15/1983 d
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, MARCH 15, 1983 7:30 p.m. , CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George;
Bentley, Paul Redpath and George Tangen j
COUNCIL STAFF: City Manager Carl J. Jullie, CiLy ALtorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community Ser-
vices Bob Lambert, Director of Public :forks Eugene,
A. Dietz , Community Center Manager Chuck Pappas,
and Recording Secretary Karen Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL : Councilman Anderson arrived at 9: 10 p.m.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
PIOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other
Items of Business as published. Piotion carried unanimously.
11. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 15, 1983
MOTION: Bentley moved, seconded by Redpath , to approve the Minutes of the City
Council Meeting held Tuesday, February 15, 1_983, as published. Motion carried
unanimously.
III . CONSENT CALENDAR
A. Request to remove barn on recentl�-_acqui red Tax Forfeited Proper
B. Approve }plans and specifications for Edenvale Boulevard between Woodhill Trail
and C&NW Rai 1 road Tracks and authorize bi_d_s_ to be_received on _April_ 14 , 1983,
A.M. (Resolution No. 83-53� -
C. Award contract for Arbor Glen northeast corner of Vallpy View Road and Baker_
Road�j and vicinit,� uti its improvements, I .C. 52 037 CResolution No. 83-54)-
D. Final it t approval for Edenvale _15th (Resolution No. 83-55)
E. Final lat aporoval of Edenvale Apartments (southeast of St. Andrew Lutheran
Church TResol uti on No. 83-57 T- — �
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City Council Minutes -3- March 15 , 1983
Bruce Sri 11 , Chai r►nan of the Restoration Commi ttee, said he has personal ly
spent hours going before major organizations in Eden Prairie to talk about
the Grill Clouse Restoration project. He felt the architect' s drawings were
badly needed so groups, organizations , or corporations could be asked for
funds for a specific room or project.
Bentley said he would feel much better about the entire thing if the
building were secure and safe after which funds could be raised to have
an architect proceed with the drawings.
Redpath inquired about the Staring Lake Play Structure. Director of Community
Services Lambert said it would be similar to the facility at Round Lake Park.
Pla,►ning Director Enger noted that approval of this Resolution would indicate ,
preliminary approval o:` the allocations and reallocations. This would next go
to the Planning Area Citizens ' Advisory Committee and would then come back to
the Council for final approval . Also there mould be a review by Hennepin County.
Bruce Farrington , representing Edendale Retirement Center, said they do not
foresee any further difficulties with their project for which some of the
reserve funds have been banked. Bentley asked how long the City can continue
to bank funds for elderly housing. Enger said the City now has four years
banked; funds will be reallocated in the next month so additional funds can
be banked.
1-10TION: Redpath moved, seconded by Bentley, to close the Public Hearing and
to adopt Resolution No. 83-51 , authorizing the submission of Community Develop
anent activities for the City of Eden Prairie to Hennepin County for consideratio
as part of the Year IX Urban Hennepin County Community Development Block Grant
(CDBG) application in accordance with the Housing and Community Development Act
of 1974 as amended. Motion carried unanimously.
B. Request for Municipal Industrial_Dev_elqffment Bond approval in the amount of
S900,000_ 00 for McGlypp `Bakeries �R�esolui�ton No. 83-60
City Manager Jullie said the official notice for this Hearing was published.
lie introduced the proponents for the proposal .
:Marren Jones , Cronin& Marcotte, Inc. , and Michael McGlynn were present to
answer questions.
Penzel said he was concerned about the fact there was no "front end" partici -
pation on the part of the proponent. McGlynn said much of the equipment in-
cluded is "leading-edge type" equipment which could be resold should that be
necessary. He said the business is the McGlynn' s only asset and they have
spent a good deal of money and time in research and development of what is
proposed. They would not wish to borrow the money if they did not feel they
could repay the debt. Penzel said he doesn't see the equipment appreciating
in value. Jones said no City bondinn is at stake because the loans will be
placed with private investors; this will be a ten-year loan.
City Council Minutes -2- March 15, 1983
F. 2nd Reading of_Ordinance No. 2-83, rezoni nq from Rural to R1-13. 5 and
.ap raval of Developer` s fgr_eemerit_for -To>rers Addition, and adap-
tion of Resolution No. 83-41 , apkrovi n Summary_ of Ordi trance No 2-83, and
ordering the publicat m-
ion of said Sunary for the Towers Addition. Two
single family residential units and eight quadraminium buildings ( 32 units)
located at the northeast corner of Mitchell Road and Carmody Drive (Ordinance
No. 2-83 and Resolution No. 83-41)
G. Final _plat approval for Towers Addition (Mitchell Road and Carmody Drive)
(Resolution No. 83-56T____.._.___.___----_ __.__-_
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H. CNrRek`3rdt_Applicat n,Nin Mile---�r-83k59)4ossin for Utilities for Cardinal
_y P P g._ _
I . 2nd Reading of Ordinance No. 3-83, amending Zoni nq Development Plan , Approval
of Developer' s_ A�cr -Trent for R marland Ca—m_p 3rd Additions and adoption of
Resolution No. 83-52, approving Summary of Ordinance No. 3-83, and orderin4
the _publ i catio_n of said Summary for R�rmarl and Camp 3rd Addition. Eleven
single family residential units located east of Highway 101- and south of
Hidden Ponds 2nd Addition. (Ordinance No . 3-83 and Resolution No. 83-52)
~ J. Eden Prairie Athletic Association Request (formerly VIII , D. 3. )
K. StaringLake _Park Trail (formerly VIII . D. 4. )
110TJON: Bentley moved, seconded by Tangen , to approve items A - K on the Con-
sent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. 1983 Community Development_ Block Grant Year r IX. Joint application with Urban
Hennepin County for approximately 85 ,055- of Federal Funds to be used for
Eligible Community Projects. Transfer of Unused CDBG Funds from Year VI to
Year VIII for Zoning Map Update. (Resolution No. 83-51 )
City Manager Jullie addressed his memorandum of March 10, 1983, in which
the reallocation of previous year' s CDBG funds was discussed as well as
recorumendations for approval of a preliminary year IX program.
Redpath expressed concern about the funds allocated for the architectural
fees for the restoration of the Grill House, He felt the Restoration Commit-
tee shou)d be responsible for this . He felt fixing the pl ur:rbi ng, furnace and
the wiring were more immediate concerns, Director of Community Services Lam-
bert said if the repairs were to be made prior to the architectural services
there might have to be duplication of efforts since some of the wiring and
plumbing might be in the wrong locations. Redpath said he wondered where the
money for the restoration would come from. Penzel said he felt the City was
going to be nickel and dimed to death on this project. Tangen said he could
understand the need for a plan before going ahead with the work. He thought
the City should have insurance in case something should happen to the house
prior to the time the improvements were made.
City Council I'linutes -4- !,"arch 15 , 1983
City Attorney Pauly asked if the facility or any of the project would be
encumbered to secure the letter of credit. Jones said the equipment will
be pledged to the letter of credit; he said the bank is taking the risk.
Pauly said from a legal point of view the project' s indebtedness will have to
be paid out of the project or the bank will not be able to recover; the City
will not have a responsibility. Jones said the bank may want to encumber
the letter of credit -- this has not been worked out yet. The question as
to the length of useful life of the equipment was discussed.
There were no convents from the audience.
MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing
and to give preliminary approval to Resolution No. 83-60 for Industrial
Development Bonds for McGlynn Bakeries in the amount of $9 00,000.00 and
to direct Staff to further discuss the letter of credit with the proponent.
Brantley inquired as to what constituted fixed facilities, Pauly said it
is based on how the equipment is attached, the building it is housed in,
and the damage which might he occurred when the equipment is removed, Some-
times it is based on the intent of the parties.
Tangen said he felt a policy should be developed by Staff on just what will
be allowed under this type of financing. He said he cannot support the motion.
Redpath said he felt each proposal should be considered on its own merits.
Tangen said he was concerned that this would set a precedent for financing
of this type. Penzel said he is looking for some strong assurances in points
ILraised this evening before he would vote for final approval .
VOTE ON THE MOTION: The motion carried 3 - 1 with Tangen voting against the
motion.
C. Tax Increment District No. 4 (Resolution No, 83-61 )
City Manager Jullie noted the notice for this Public Hearing had been published
in the Eden Prairie News . Jullie stated that upon implementation this District
will capture increr-iients from the Northwestern Bank property now under. construc-
tion at the corner of Prairie Center Drive and TH 5.
City Attorney Pauly reviewed the procedure and documents to be adopted. He
noted the evidence introduced and as described in the minutes of September 15,
1981 , is made a part of the record in these proceedings. Also made a part of
the record in these proceedings are the notice of the public hearing; minutes
of meetings of the City Council held on September 22, 1981 , March 30, 1982 , and
November 16, 1982; letter from Eden Prairie Chamber of Commerce dated September
18, 1981, minutes of a meeting of the City' s Planning Commission on March 29,
1982; two memoranda by Eugene A. Dietz, Director of Public Wcrks, dated March 15 , ;
1983, addressed to the Mayor and City Council ; a letter dated February 10, 1983 , '
addressed to Mr. John Lobben, Chairman of the Board, Eden Prairie School Dis-
trict No. 272; a letter dated February 10, 1983, addressed to Mr. Norm Friederi&
Chairman of the Board, Joint Independent School District No. 287; a letter dated
February 10, 1983, addressed to Mr. John Derus, Chairman of the Hennepin County
Board of Commissioners ; and a memorandum by Carl J. Jullie , City Manager, dated
March 15, 1983.
City Council Minutes -5- March 15, 1983
Bentley asked if this was in keeping with the original plan in terms of the
proposed method of paying off the tax increment bonds . Pauly said that was
correct.
There were no comments from the audience.
MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and
to adopt Resolution No. 83-61, providing for establishment of proposed tax
increment District No. 4 and the adoption of a tax increment financing plan
relating thereto. Motion carried unanimously.
COUNCILMAN ANDERSON ARRIVED AT 9: 10 p.m.
V. PAYMENT OF CLAUIS NOS. 6512 - 6725
MOTION: Bentley moved, seconded by Redpath, to approve Payment of Claims Nos.
6512 - 6725. Roll call vote: Anderson , Bentley, Redpath , Tangen and Penzel
voted "aye. Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
There were no reports.
VII . ORDINANCES R RESOLUTIONS
A. Position. Statement ►•egardinj _Draft Env_ironm,,ntal _Intact Statement for
CSAH 18 Resolution No_ 83-58�
The Council discussed changes to be made in the proposed resolution re-
lating to the draft environmental impact statement for CSAH 18.
Joe Adams, Eden Prairie resident and member of the Technical Advisory Committee,
also addressed the proposed resolution and asked that clarification be made in
one or two areas.
Staff noted the specific changes and points of clarification to be made in
the Resolution which will then be presented at the Public Hearing to be held
on March 22nd. Director of Public Works Dietz will represent the City at that
hearing.
Bentley noted the Eden Prairie Chamber of Commerce will probably react to the
Draft EIS in the form of a resolution prior to the April 5th cut-off date.
He said the Bloorninoton Chamber of Commerce has taken the same stance as that
of the City of Bloomington.
Adams said he has been assured there will be legal action taken by the citizen' s
committee.
Redpath expressed concern about the impact this would have on the Eden Prairie
shopping center.
City CQUnci 1 Minutes -6- F"arch 15, 1983
Bentley said the " leap frog" development which might come about as a result
of this should be further discussed and the position of the Metropolitan
Council in this regard should be examined. Enger said the Metropolitan Council
does look upon the area across the River as a "free standing growth area" which
means it is not included in the Metropolitan Urban Service Area (MUSA. )
The concensus of the Council was that while the City feels that Option 1 is best
(no build) and would prefer this solution; in recognition of regional and state-
wide transportation needs Option 6 appears to be a viable solution.
Penzel said the City is dealing with the environmental impact and not the
design. The best solution has not even Lc-en examined.
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MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-58,
position statement for CSAH 18 - Draft Environmental Impact Statement, as i
emended. Motion carried unanimously.
Tangen said the Council con.-mends Joe Adams for the work he has done on this
matter.
Y B. Resolution No. 83-62, establishing Fees for the City_ of_ Eden Prairie
City tanager Jullie noted the Fee Resolution was the same as that approved
by the Council on January 4th with a few minor changes in the plumbing fees
and the inclusion of the gambling license fees .
Anderson asked what the basis for the fees was. Penzel said they were based
4L on the cost to the City for certain services . Anderson inquired as to whether
or not this encouraged or discouraged development. Penzel said they can be
used to either encourage or discourage development. City Attorney Pauly said
legally fees cannot exceed a reasonable cost to the expense occurred.
Director of Community Services noted a change in the draft pertaining to the
charge for non-prime time ice time and indicated he would like to see this
remain at the rate charged last year ($30 vs . the proposed $35 -- this is the
rate charged under the School District Hockey Team Practice, non prime-time.)
He also asked that the time in the non prime-time classification be spelled
out.
Penzel said he would like to see the gambling license fee raised; Bentley
concurred. Redpath said only one organization qualifies for that type license
and it cannot afford a large license fee. Tangen said he would question the
cost incurred in administering such a license.
MOTION: Bentley moved, seconded by Penzel , to increase the gambling license
fee to $400. Motion was defeated with Bentley and Penzel voting yes.
MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 83-62,
establishing fees for the City of Eden Prairie, as amended per Director of
Community Services Lambert's requests. Motion carried unanimously.
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City Council t•zinutes -7- March 15, 1983
C. American Baptist_Homes . Adoption of Resolution No. 83-43, approving Planned
Unit Development Development District to include: 1) Amendment of Original
Lake Idlewiid Planned Unit Development Development Plan; 2) 2nd Reading of
Ordinance No. 4-83, Approving Rezoning from Rural to Office, with possible
variances , on a one-acre site for the proposed American Baptist Homes Corpor-
ate Office Building; 3) Continued Interim Use of Existing American Baptist
Horses Building as an Office for 3 years. Adoption of Resolution No. 83-44,
Approving tie Preliminary Plat of the one-acre site proposed for f,,merican Baptist
Horses Office Building. (Resolution No. 83-43, 2nd Reading of Ordinance No.
4-83, and Resolution No. 83-44) (continued from March 1, 1983) a
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[Bentley said he was concerned about the effect of interim uses on the Surround-
ing property owners. He said he had spoken with the surrounding property owners
and they are in favor of this proposal ; consequently he has no further objections
to the proposal .
MOTION: Bentley moved, seconded by Redpath, to continue consideration of this
item to the April 19, 1983, meeting of the City Council . Motion carried unani -
moL'sly.
w VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council_ Members
Penzel - reported he, Director of Planning Enger, and City Manager Jullie
had met on March 14th with Metropolitan Council Transportation planners
at which time the TH 212 corridor was discussed. Funding considerations
were also discussed.
B. Report of City Manager
There was no report.
C. Report of Ci t�!Attorney
There was no report.
D. Report of Director of Cornrnuni ty Services
1. North Stars Proposal
Director of Community Services Lambert spoke to his memorandum of
March 10, 1983, in which he reviewed the negotiations which have been
going on with the North Stars.
Redpath said he questioned item #7 regarding Community Center memberships.
Lambert stated City Attorney Pauly had suggested language for that item
which would better reflect the conditions or terms of the agreement.
City Council "Minutes -8- March 15, 1983
City Attorney Pauly said he had reviewed the Attorney General 's opinions
and other court cases which dealt with similar agreements between cities
and private groups or organizations. He has reviewed the findings which
must be considered by the City. Pauly shared these findings with the Council
Penzel said he would like to see in writing what the North Stars intend
to charge for viewing scrimmages , etc. He said' he does not want to see
the City tied into a $30 per hour charge for non prime-time ice time
for a five year period; he would like to see this rate tied into that
charged the high school. Anderson said the alternative would be to riot
raise the fee charge to the school for a five-year period.
Tangen felt there should be an escalator clause which would take into
consideration any changes in utility fees. Pauly said it would be
possible to tie this type of clause into a long term lease. Anderson
said he felt it would only be fair to the school district and the EPAA
to have the North Stars ' rates tied into their rates. City Manager Jullie
noted the City would be getting a commitment from the North Stars for
non prime-time ice usage. Lambert further stated that these are hours
which are not being Used.
Tangen said he thought Staff should be directed to negotiate but not
to have the proposal fall through because of the escalator clause.
MOTION: Bentley moved, seconded by Tangen, to accept the general terms
as have been discussed by the North Stars and City Staff with the additions
as discussed here this evening including the resolution of the rate escala-
tor clause, rephrasing of item #7, input on ticket prices, and also subject
to a resolution including the findings as expressed by City Attorney Pauly.
Tangen asked if the North Stars would qualify for industrial revenue bonds .
Pauly said it would appear that it would be legal for them to apply for
such.
Bentley asked if there were any problems with building a private facility
on public property which had been acquired with Lawcon funding. Lambert
said it was his understanding that there would be no problem because the
improvement would remain under the City' s ownership on City property.
Anderson said consideration should also be given to maintenance and upkeep
costs .
VOTE ON THE MOTION: The motion carried unanimously.
City Council Minutes -9- March 15, 1983
2. Selection of a Restoration Architect for Cunnnins/Grill House
Redpath said he would like to wait a month or so to see how fund raising
might come along before acting on this matter. Director of Community
Services Lambert said he did not see any problems with that.
MOTION: Redpath moved, seconded by Tangen, to continue this item to
the May 3, 1983, meeting of the City Council . Motion carried unanimously.
3. Eden Prairie Athletic Association Request
This item was moved to the Consent Calendar as item III . J.
4. Starinq Lake Park Trail
This item was moved to the Consent Calendar as item III . K.
E. Report of Finance Director
1. Clerk' s License List
MOTION: Redpath moved, seconded by Tangen , to approve the Clerk's
License List. Motion carried unanimously.
IX. NEW BUSINESS
( There was none.
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 10:57 p.m.
Motion carried unanimously.
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