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City Council - 05/03/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 3, 1983 7:30 PM, CITY HALL x COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City (-tanager Carl J . Jullie, City Attorney Roger; Pauly, Finance Director John D. Frane, Planning ;. Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, City Forester S;;uart Fox, and Recording Secretary Karen M. Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I . DONATION FROM SCOTT THOMPSON Scott Thompson, a junior at Eden Prairie High School , member of the Eden Prairie High School Hockey Team, and an employee at the Eden Prairie Community Center, presented an original piece of his art work to Mayor Penzel . Penzel accented the work, which is to be hung at the Community Center, on behalf of the citizens of Eden Prairie. Thompson is the son of Pat and Judy Thompson, 18965 Deerfield Trail . Penzel noted the frame and matting for Scott' s art work was donated and assembled by T. Williams at the Prairie Village Mall , II . PRESENTATION OF TREE CITY U. S.A. AWARD ed the Tree City U. S.A. ^ward which the City Stuart Fox, City Forester, present had been awarded by the National Arbor Day Foundation to Mayor Penzel , Fox noted this is the second year the City has received this award which was presented to Fox and Councilman Bentley at a ceremony at the State Capitol on April 29, 1983, by Governor Perpich and DNR Commissioner Alexander, Penzel noted it was largely the result of City policies and Staff implementation that this award has been granted to the City of Eden Prairie, III . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the regular Agenda to the Consent Calendar: V. J. Community Development Block Grant (Resolution Nos. 83-87 and 83-88) - was formerly X. D. I . ; V. K. Staring Lake Park Trail construction phases - was for- merly X. E. 2. ; V. Community Center _membership ._gga_. fications - was formerly MOTION: Redpath moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended and published. , Motion carried unanimously, City Council Minutes -2- May 3, 1983 k V. MINUTES FROM THE CITY COUNCIL MEETING HELD TUESDAY, APRIL 19 , 1983 �. Page 12, line 2 of IX. A. 1. : add "annually" following $4 ,000. Page 12, IX. B. , line 2: change "pre-trail " to "pre-trial . " MOTION: Bentley moved , seconded by Redpath , to approve the Minutes of the City Council Meeting held Tuesday, April 19, 1983, as amended and published. Motion carried unanimously. V. CONSENT CALENDAR A. Ivers Property Division B. Final Plat for August Addition (Resolution No. 83-95) C. Change Order No. 7, City Services Project D. Clerk ' s License List ---- -------— E. _advertisement for bids for the installation of air conditionin_c at the Community Center F. Approval_of final settlement for ark parcel _ Anderson Lakes Regional Park G. Final a royal for Municipal Industrial Development Bonds for Lake Ridae_ Asso- ciates (Geoige _K6n_ ikl - Resolution No, 83-96 for 425 ,000,0� and Resolution No. 83-97 for $84,940,00 Approval f Ci sunce for 198 H. __- -_ _ _o City Insurance 3 - 1984-__— I . Resolution honoring_ the Jaycees for their participation in the reforestation �rog_ram jResol uti on No. 83-93-} - J. Community Development Block Grant (Resolution Nos . 83-87 and 83-88) - formerly K. Staring Lake Park Trail construction phases - formerly X, E. 2. L. Community Center membership qualifications formerly X. E, 5, MOTION: Redpath moved , seconded by Tanaen, to approve items A - L en the Consent Calendar. Motion carried unanimously, VI . PUBLIC HEARINGS A. BLUFFS_ EAST �r the Bluffs Company, Request for Planned Unit Development Dis- trict R vi eew for mixed residential uses on 44 acres, zoning amendment for 6 acres for 40 townhouse units, rezoning of approximately 14 acres from RM 6.5 to R1-9. 5 and 24 acres from Rural to R1-9, 5; and preliminary plat of 44 acres for 90 single family detached units, 40 townhouse units and outlots . Location : west of Franlo Road , south of County Road 1 . (Ordinance No. 14-83 - rezoning, and Resolution No. 83-89 - preliminary plat) i City Council Minutes . -3- May 3, 1983 City Manager Jullie stated notice of this Public Hearing was published and notices had been sent to property owners within the pro,*ct vicinity. Wally Hustad, proponent, addressed the single family portion of thg proposal . Richard Zejdlik, representing Baton Corporation , spoke to the multi-family proposal , which will be MHFA financed allowing for lower interest rates. Planning Director Enger noted the PUD had been reviewed by the Planning Commission at its April 11, 1983, meeting and it had reviewed the proposal regarding the multiple site at its meeting on April 25, 1983. The Commission had recommended approval subject to the recommendations contained in the April 8 and April 22 Staff Reports. , Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this at its April 18, 1983, meeting at which time it recommended approval subject to the recommendations included in the Staff Report. The Parks , Recreation & Natural Resources Commission reviewed only the single family development because there was no significant A concern regarding the multi family development. Penzel called attention to a letter which had been received from Bob McDonald, owner of adjacent property, That and a letter from Mary P. Wagner, also a property owner in the vicinity, are attached to these Minutes. Penzel asked what use the Guide Plan shows for the McDonald property. Enger said it shows it as being used for low density single family. Enger noted 4L the McDonald property will have access from the west off of Blossom Road. Penzel asked about the property to the southwest. Enger said that property belongs to Sally Brown and has access to Bennett Place. Lloyd Erickson, consultant from RCM, addressed the street system. Penzel expressed concern about the adequacy of the visitor parking spaces in the multi family area. Enger noted the City is suggesting something similar to that in the Burning. Tree area off of Mitchell Road. Penzel said he would like to see more parking required. Zejdlik stated since there will be MH FA financing for these units, they are intended for first time home owners who probably will not be able to afford more than two cars. Bentley inquired as to why a phased grading plan was not recommended. Enger said because of the rolling terrain complete grading will be necessary so the street system can be put in. Bentley said he was concerned because of the length of time Bluffs West has remained graded but unbuilt. Hustad said the building of the homes is being phased and is dependent on the success in marketing the homes, not all of the lots will be "opened" at once. Anderson asked where the nearest park is. Lambert said there will be a park across Franlo Road which is not yet developed. Anderson asked how this plan fits in with the Purgatory Creek study. Enger said this area is outside of the Conservancy Area and the Transition Zone. City Council Minutes -4- May 3 , 1983 Bentley asked about the location of the drainage pond which is located on adjacent property. Enger said the pond is located in the southeast corner of McDonald ' s property. Enger said Staff had suggested to the developer that he would have to work something out with the property owner. The storm sewer will be brought in from the north across County Road 1. The McDonald pond will then become the outlet for that pond. Hustad will have to get permission from McDonald before construction plans can begin. Penzel said residents north of County Road 1 have expressed concern about the pond and have been assured there would be a storm outlet for that pond. He said action is needed on that commitment; he shares the concern of the residents. Bentley said his concer-o is reldLive to the fact the Ordinance says all storm water drainage must be stored on site or put into the existing City storm sewer system and that is not being fulfilled . Redpath said the only place for drainage for McDonald 's parcel is to the pond in the southeast corner of his property and this should be taken into consideration also. Jullie said this would have to be resolved by the two parties or the Cit.v might have to become involved. Hustad stated he does not intend to put water onto the McDonald property without permission. MOTION: Redpath moved , seconded by Bentley, to close the Public HE aring o. i to give 1st Reading to Ordinance 14-83, rezoning. Motion carried ur, nimous`y. MOTION: Redpath moved , seconded by Anderson, to adopt Resolution No. 83-89, approving the preliminary plat of Bluffs East for the Bluffs Company and to direct Staff to prepare the Developer' s Agreement taking into consideratic,. the recommendations included in the Staff Report and those of the Planning Commission and the Parks, Recreation & Natural Resources Commission as weil as the comments of the Council this evening: the necessity of storm sewer plans , additional parking to be provided in the multi family area , and the provision for phased grading. Motion carried unanimously. B. FACTORY OUTLET CENTRE by Amcon Corr oration, Request for Planned Unit Develop- ment Distrfct Review for a mall ? with possible variances and Zoning from Rural to C-Regional Service on 16,2 acres, and preliminary platting of 27.6 acres into one lot and three outlots.. Location: south of Valley V;cw Road, west of 1-494. (Ordinance No. 15-83 -- rezoning/PU D and Resolution No. 83-91 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and notices had been sent to property owners in the project vicinity. Kenneth Karl , Factory Outlet Centre, and Pat Gannon , Amcon Corporation, were present and addressed the proposal . Planning Director Enger noted the Planning Commission had reviewed this proposal at its March 28, 1983, and April 11 , 1983, meetings at which time it voted to recommend approval subject to the recommendations included in the Staff Report and the additions as noted in the Planning Commission Minutes, Director of Commiinity Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this proposal at its April 18, 1993, meeting at which time it had voted to recommend approval subject to the recommendations included in the Staff Report. The main concern of the Parks , Recreation & Natural Resources Commission was the screening of the parking lot. City Council Minutes -5- May 3, 1983 Bentley asked about the widening of Plaza Drive. Enger explained it would ( become three-lanes wide at the entrance to Menard' s which would allow for left turn lanes and would become four-lanes wide in the area between Menard ' s and the Factory Outlet Centre. He noted that four-lanes are not necessary on the entire Drive because the volume will not be that heavy once Valley View is completed and the left and right turn lanes will acconimadate the turning movements and cross traffic patterns. Bentley noted that every other h ' community has four-lane roads and Eden Prairie does not require them. There was discussion of the berming which Menard ' s will be expected to do to the west of the proposed project. Penzel called attention to the letter from John Teman and Bruce 8ermel dated May 3, 1983, (see attached) regarding the type of building which is proposed to be constructed. Penzel stated the tone of the quality of the neighborhood is dictated by what has been permitted originally. The buildings in the area have been built with brick; a high standard has been set and the pattern should continue. Gannon expressed concern that putting brick on the building would create problems in the time table which had been established; they hope to have the building open November 1st. There was discussion on how to expedite building and have it brick also. Redpa th suggested one possibility might be to allow Amcon to begin work on the project this week; this due to the fact that not much orading would have to be done because the site is already graded. Karl said he has never had any complaints regarding his other centres . He said he would like to place more landscaping around the building; the building is already 90% leased and more than $200,000 in costs have been added already. He said he must make absolutely sure that the time frame is not jeopardized. George Nelson, attorney representing four Topview landowners, said his clients are concerned about the berming which will screen the Topview area homes from the comITiercial development. He noted a second concern as that of the new Top- view connection between old and new Valley View Roads and the 20 foot earth berm which is to be constructed . He asked that this berm be blended so there would not be a 20' drop. Nelson said they will be monitoring the decibel levels in the area . Nelson said he would like to have the concerns of the residents addressed in the Developer 's Agreement. He asked if he could review the Develop- er's Agreement before it is finalized so as to ascertain whether or not the con- cerns of the residents have been addressed. Penzel noted that Menard 's would have to be a party to the Developer 's Agreement since they are still the owners of the property in question. Penzel said he would suggest that once the Developer's Agreement is drafted and ready it be distributed for review and comment by Nelson. Gannon said he was concerned about the sign issue. Discussion ensued as to the height of the sign. Tangen asked how the sign was to be lighted; his particular concern was in regard to the sign 's proximity to the Topview neighborhood. Enger said the sign would be top lit and StafF had given consideration to the residents. Penzel said he would like to see a cross-section which would show the variables under consideration ; these cross-sections could then be included in the Developer' s Agreement. City Council Minutes -6- May 3, 1983 Penzel asked City Attorney Pauly how the Council would proceed if it decided to acconmodate the developer by permitting preliminary grading, allowing footings to be installed and whatever prior to 2nd Reading. Pauly said a resolution authorizing the grading with the proviso that it would not prejudice further action of the plat would be in order. Penzel said that would then indicate that nothing is guaranteed until the 2nd Readina and the Developer' s Agreement is signed. Redpath noted that a resolution of this nature would allow the develop- er to begin tomorrow instead of waiting two weeks; this would then enable the developer to put brick on the building and still meet his time table. Gannon said the big thing is preparing the pad for the building. Pauly said he would that- +hCre, is -Another party involved - Menard's - and t ,e City rerni rid eve►yui�c �i�u � .��..., .. _ has sometimes had problems in expediting matters with them. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Readina to Ordinance No. 15-83, rezoning. Motion carried unani- mously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-91, approving the preliminary plat of Factory Outlet Centre for Amcon Corporation. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to direct Staff to proceed with drafting the Developer's Agreement taking into consideration the recommendations included in the Staff Report; those of the Planning Commission and the Parks, Recreation & Natural Resources Commission; and those of the City Council , with special consideration given to the brick exterior, the commitment on the part of Menard's regarding the berming along Old Valley View Road, and clarifica- tion of the sign issue. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-98, instructing City Staff to authorize early site preparation for the Factory Outlet Centre; this authorization to grade shall not be deemed to constitute approval or adoption of proposed Ordinance 15-83 or Resolution No. 83-91 or require adoption or approval thereof in the future. Motion carried unanimously. C. DELLWOOD by Tandem_Corpora ti onfCf Devel oment Corporation. Request for Zoning of 28 acres from RI-13.5 to R1-9.5 for a single family detached residential use, and preliminary platting of 36 acres for single family detached development. Location : west of Dell Road, north of Duck i_ake Trail . (Ordinance No. 16-83 - rezoning and Resolution No. 83-92 preliminary plat) City Manager Jullie stated notice of the Public Hearing was published and property owners within the project vicinity had been notified. Dick Putnam, Tandem Corporation, reviewed the proposal . Also present was Jim Ostenson of Tandem Corporation.. City Council Minutes -7- May 3, 1983 Planning Director Enger stated this item had been reviewed by the Planning Commission at its April 11, 1983, meeting at which time it recommended approval subject to the recommendations included in the Staff Reports of April 8, 1983, and April 14, 1983. The Planning Commission also recommended that Staff study the possibility of extending Harrogate Drive . to the north, Director of Coranuni ty Services Lambert noted the Parks , Recreation & Natural Resources Commission had reviewed this proposal at. its April 18, 1983, meeting and had voted to recommend approval subject to the recommendations in the Staff Reports . The main concern of the Commission had been the appropriateness of the cash park fee. Bentley asked about the road extension. Enger said Harrogate Drive would be continued west to Lochanburn and north to the end of the property line. Redpath said he does not want to see maximum sized houses on minimum sized lots . Putnam said they have tried to mix the lot sizes so this will not happen. Richard Wronski , 6630 Tartan Curve, presented a petition to the Council on behalf of the neighbors (see attached. ) He noted that the neighbors are strongly against the Harrogate connection. He said the streets in Lochanburn are 24 ' wide and not equipped to handle the amount of traffic which would be generated by the connection. lie also said it would create a safety hazard because the children in the neighborhood are not accustomed to through traffic . Michael Butler, 6741 Lochanburn Road, said he does not wish to see Harrogate extended to the north. Bob Kruell , 6780 Tartan Curve, said he can cite studies that show cul-de-sacs generate less crime than do through streets . He said he would encourage the City Council to look at this from the viewpoint of the residents. He stated that people like to live on cul -de-sacs. Dennis Keller, 6721 Lochanburn Road , said he moved into the area because of the cul -de-sacs . He reiterated the fact that children in the neighborhood are unaccustomed to through traffic. He does not wish to see Harrogate extended.: Bentley said the Council did not have a map before it which showed the road patterns in the area . Redpath said the Council had previously requested to have a larger area than that under discussion included with the packet materials so roads and streets might be viewed in relation to the whole. Bentley noted that one of the concerns of the Council has been a need for public safety vehicles to get from one neighborhood to another via an internal road system. Tangen inquired as to what park sites serve this area, Lambert said the Duck Lake Park site which is to be developed will serve this area. Penzel asked if a foot trail would be possible between the Lochanburn neighborhood and this area. Lambert said that would work. A trail is proposed along Purgatory Creek between Dell Road and Duck Lake Trail , F City Council Minutes -8- May 3, 1983 • Penzel suggested an 8-12 foot trail instead of a 28' street west from i the proposed along Harrogate with knock down barriers for emergency vehicles. Director of Public Works Dietz said the knock down barriers have had to be made very sturdy as they have been knocked down by vehicles with four-wheel drive; he is not sure that a fire truck could even knock one down now. From a safety standpoint he felt perhaps it would be good to just eliminate the barriers. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 16-83, rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Penzel , to adopt Resolution No. 83-92, approving the preliminary plat of Dellwood for Tandem Corporation and TCF Development Corporation; and to direct Staff to prepare the Developer' s Agreement taking into consideration the recommendations of the Planning Commission and the Parks, Recreation & Natural Resources Commission and the inclusion of a trail connection to the north details of which will be worked out by the Staff. Motion carried with Tangen voting "no" because of the traffic circulation issue. . VI1. PAYMENT OF CLAIMS NOS. 7207 - 7378 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 7207 - 7378. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VIII. REPORTS CF !ADVISORY COMMISSIONS There were no reports. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for deferment of special assessments for disabled persons City Manager Jullie called attention to his memorandum of April 29, 1983, in which he addressed the deferment of special assessments for disabled persons . City Attorney Pauly stated the City can provide for deferment for anyone retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments ; the City then has the prerogative to describe what the hardship would consist of. Pauly advised that, if the City Council chooses to proceed, it will be necessary to direct Staff to prepare an amend- ment to the City Code, Section 2. 84, authorizing such deferments , and to then amend Resolution No. 80-111. Tangen said he would find it very difficult to determine whether or not a person is permanently disabled. He noted the medical and legal definitions are not always the same. r,. 7d City Council flinutes. -9- May 3, 1983 MOTION: Bentley moved, seconded by Redpath, to defer this matter to Staff for its review and to direct the Human Rights & Services Commission to review this matter and makes its recommendation to the Council . Motion carried unanimously. Pauly suggested all types of disabilities be checked, not just blindness. B. Letter from "Twin Cities Survival Game" City Manager Jullie noted the April 22, 1983, letter to the Manager, Mayor uiv v i ty Comic i 1 frumn Jc l fr c y ii. iw1 tL regarding the "Tw f rl C 1 tr I es Survival Game. " City Attorney Pauly reviewed the requirements of the Zoning Ordinance relative to uses allowed in the Rural area. Jullie reviewed what had happened to date regarding this matter. He noted he had given approval but at that time had not realized this was a conurierc i al venture. It was only after the article appeared in the Minneapolis Star and Tribune that this became clear. Holte said he would like to explore any possibilities which might be available as he would like to remain in Eden Prairie with his game. He felt that the wrong impression of the game was given in the newspaper article. He noted the game is becoming very popular in the Twin Cities area. He said the possi- bility of finding commercially zoned land which would be available to game players is almost non-existent. Penzel said the real issue before the Council is the setting of a precedent regarding land use; commercial uses are not allowed in the 'Rural zone. Pauly stated if this kind of activity were to be legalized the Ordinance would have to be amended. The uses in the Rural zone would have to be expanded. Holte said this is not your average commercial venture. He noted they are a seasonal use; nothing is constructed nor destructed. Redpath said he had watched these men as youngsters play "Capture the Flag" and, while he realized the "Survival Game" is an expansion of that, the newspaper story did nothing to help their cause. Penzel noted the Council had two choices: 1) to maintain its present position or 2) to amend the Ordinance which would take approximately two months to accomplish presuming everything goes accordingly. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11 :30 p.m. scheduled time of adjournment. Motion carried unanimously. There was discussion as to the various types of business ventures which might be carried out from one's home. J City Council Minutes -10- May 3, 1983 MOTION: Redpath moved, seconded by Anderson, to refer this matter to Staff and the City Attorney for review and possible recommendation. Motion carried unanimously. C. Letter from Minnesota Water Resources Board r_egardinq representation on the Watershed District's Board of Managers _ T - MOTION: Redpath moved, seconded by Bentley, to recommend the size of the Watershed District' s Board of Managers be kept at five members. Motion carried unanimously. D. Petition for additional dust oil treatment on Mitchell Road MOTION. Bentley moved, seconded by Tangen, to approve Staff recommendations authorizing more than one application of dust oil on Mitchell Road during the corning s-ason, to keep a close eye on the need for reoiling, and to direct Staff to do a feasibility study relative to utility improvements and paving on Mitchell Road south to County Road 1. Anderson noted he had driven on Mitchell Road last evening and spoke of the amount of traffic generaged by those using that road to take children to soccer and baseball practices at Flying Cloud fields. Richard J. McHale, 8875 Mitchell Road, said there are at least 800 cars per day on Mitchell Road. He said four years ago the City oiled the street four times during the summer months . Penzel said the City must address the traffic issue and the question is how to do that in the best way without creating an undue hardship on the residents by assessing them for the im- provements. Ken Mulder, 8855 Mitchell Road, spoke to the dust issue and also noted there is so much traffic on the road now that the surface is broken, up. He said the situation is intolerable. He noted that after one rain the effects of the oiling is gone. VOTE ON THE MOTION: The motion carried unanimously. Nancy Hedlund , 9010 Mitchell Road , said the road was watered last summer and that seemed to provide help on a temporary basis, X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports _of Council_Members 1 . �p op intment of member_ to the Human R hts & Services Commission to fill an unexpired term to February28, 1984 4 The name of Gary Peterson was placed in nomimation, MOTION: Bentley moved, secca ded by Tangen, to close the nominations and to cast a unanimous ballot for the appointment of Dr, Gary Peterson to the Human Rights & Services Commission to fill an unexpired term to February 28, 1984. Motion carried unanimously. i City Council Minutes -11- May 3, 1983 2. Penzel - noted he has had two people say they are willing to serve t on a charter review conunittee. He asked for names of others who might be willing to serve. B. Report of City Manager City i"fdndger Jullie reminded the Council of the Board of Review meeting which will be held at 7:30 p.m, on Tuesday, May 10, 1983. Bentley asked that a brief presentation be made at the beginning of the meeting by the assessor explaining how determinations are made. Penzel asked that those appearing before the Board be given a time at which they can be expected to appear -- 10 minute segments might be in order. J also called attention to Eden Prairie' s Commerce and Industry F !isored by the Eden Prairie Chamber of Commerce which will be held '8th. F Director Frane stated there are continuing efforts on the part o Metropolitan Loser' s Group to lobby for State Aid. The plan now i• cities which are members of this group to hire a lobbyist at a cost o ,000 per city. This, it is felt, is necessary even to maintain the stf Js quo. MOTION: Redpath moved , seconded by Anderson, to join in with the group of cities which will hire a lobbyist at a cost to the City of Eden Prairie of $1 ,000. 00. Roll call vote: Anderson , Bentley, Redpath, Tangen and Fenzel voted "aye. " Notion carried unanimously. C. Report of City_Attorney There was no report. D. Report_ of Planning Director 1. Community Development Block Grant (Resolution No . s 83-87 and 83-88) This item was moved to the Consent Calendar as item V. J. E. Report of Director of Community Services 1 . Selection of Restoration Architect for Cummins/Grill House (Continued from March 15, -1983) � Director of Community Services Lambert called attention to his memorandum of April 26, 1983, in which he addressed this issue. He noted that the Office of Planning and Development has indicated that historic sites are eligible for funding only if the proposed improvement is an "immedi - ate need" and necessary to eliminate the specific conditions of "physical decay. " Replacement of the furnace and repair of electrical and plumbing deficiencies meet this definition and are therefore fundable. Also, any architectural fees that are necessary to complete this project are also fundable items . Architectural fees for the entire project would not be fundable. City Council Minutes -12- May 3, 1983 Tangen said there is 4t definite need for decent plans for the electrical and plumbing work which is necessary. MOTION: Bentley moved, seconded by Tangen, to authorize the selection of a restoration architect to develop cost figures for the replacement of the wiring, the furnace and the critical plumbing needs via CDBG funds . Motion carried unanimously. 3. Policy on bic!cle trail construction and fundino Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had recor,mended that cash park fees not be spent for building transportation trails. It was the feeling of w the Commission that funding for these trails come from the profits i of liquor stores , the general 4"und or perhaps a special levy. Tangen said there are certain trails which are both and should be eligible for cash park fees. Anderson asked where the added funding is going to come from. Lambert said that would be up to the Council to determine. MOTION: Redpath moved, seconded by Bentley, to restrict cash park fee funding to recreational trails; costs of trails which will be used as transportation trails will be shared. Motion carried unanimously. 4. Request approval to advertise for planner to prepare Plan for MCA floodplain, area —�---- Director of Community Services Lambert addressed his memorandum of April 21, 1983, in which he discussed the selection process for desig- nating a planning firm which will develop the Master Plan for the Pur- gatory Creek Recreation Area. Penzel asked if the response is not adequate would this be returned to the Council . Lambert said that it would be, Tangen asked how this was to be funded. Lambert said the funds would come from CDBG's. Anderson said he thought this was a good idea and the City should proceed. MOTION: Anderson moved , seconded by Bentley, to have the City allot $1 ,000.00 for a design competition to assist in the selection of a planning firm to develop the Master Plan for the Purgatory Creek Recre- ation Area and to solicit funds from the Watershed District for same, Roll call vote: Anderson, Bentely, Redpath, Tangen and Penzel voted "aye, " Motion carried unanimously, 5. Community Center_membership qualifications This item was moved to the Consent Calendar as item V. Lti City Council Minutes -13- May 3, 1983 XI . NEW BUSINESS There was none. x XII . ADJOURNMENT i MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 12 :22 a.m. Motion carried unanimously. i i i } fifi i _ _ - - �: