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City Council - 12/27/1983 - Special Meeting i APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL I SPECIAL MEETING TUESDAY, DECEMBER 27, 1983 7: 30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, Georg Bentley, Paul Redpath and George Tangen S COUNCIL STAFF: City Manager Carl J. Jullie, Finance Director John D. Frane and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL : Councilman Richard Anderson was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: V._A. Final_ Plat Approval fur Timber Lakes Townhomes 3rd Addition and V. b. Discussion of g radinqand footing permits for Welsh. MOTION: Bentley moved , seconded by Redpath , to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II . PUBLIC HEARINGS A. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF U_,OOO,O_�O.0-0 FOR EpEN PRAIRIE HOTEL COMPANY Resolution No. 83-370) City t1anager Jullie said notice for this Public Hearing had been published. tie noted the project u i d not need a preliminary resolution.. Kenneth E. Nelson, general partner, spoke to the proposal . ` There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the . Public Hearing and to adopt Resolution No. 83-310, authorizing the issuance, sale and delivery of the City of Eden Prairie, Minnesota , collateralized commer- cial development revenue bonds (residence project) , which bonds and the interest and any premium thereon shall be payable solely from the revenues derived from the loan agreement (the "loan agreement" ) ; approving the form of and authorizing the execution and delivery of the indenture of trust, the loan agreement, the collateral agreement, and the bond purchase agreement; - - City Council Minutes -2- December 27 , 1983 approving certain other documents and authorizing execution of certain documents ; approving the form of and authorizing the execution and delivery of the bonds , and providing for the security, rights , and remedies of the holders of said bonds . Motion carried unanimously. III . ORDINANCES & RESOLUTIONS A. Resolution No. 83-311 , amending the 1983 City Budget City Manager Jullie called attention to the December 23, 1983, memorandum from John D. Frane, Finance Director, in which the adjustments were outlined. i i MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 83-311, amending the 1983 City Budget. Motion carried unanimously. B. 2nd Reading of Ordinance No. „57_-83, Rezoning from C-Regional_ to C-R�tqional_ Service of approximated 3v., acres for a hotel and_a Rroval of Developer's Agreement for_Hustad Develqpf.ien't_Corporation & Eden Prairie Hotel Com anY. Location: southeast quadrant of Highway 5/US 169%I-494.f�� - MOTION: Bentley moved, seconded by Redpath, to give 2nd Reading to Ordinance No. 57-83, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to approve the Developer' s Agreement. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen,, to adopt Resolution No. 83-312, approving the Summary of Ordinance No. 57-83 and ordering the publication of said Summary . Motion carried unanimously. IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - Instructed the City Manager to begin negotiations with CPA for the purchase of land in the southwest quadrant of Mitchell Road/ TH 5. B. Report of City Mangier There was no report. C. Report:of Finance Director 1. Clerk's License List - Olympic Hills Club License and Chester's Liquor TL cense— �,conti nued from December 20, 1983) Finance Director Frane reviewed findings of a survey of surrounding communities regarding the license fees charged for golf clubs. He noted that Olympic Hills does not fall within the classification of a fraternal club and therefore the City Council is free to establish whatever fee deemed appropriate should it decide to issue Olympic Hills a club liquor license. r -= City Council Minutes -3- December 27, 1983 City Attorney Pauly stated this would require an amendment to the Fee Resolution. Pauly said he had discussed the matter with repre- sentatives of Olympic Hills and they agreed they do not fall into the fraternal club category. Gar Pihlstrom, attorney for the Club, said they had reviewed the Y Y issue. He distributed a letter (see attached) from Ted Parkin, Manager of Olympic Hills Golf Club, relating to this matter. Redpath asked if the Council could, legally, combine two elements in determining the appropriate fee: membership and a flat fee. Pauly said it was legal to do that. Various ways of determining the appropriate license fee were discussed as well as the manner in which membership figures would be determined/verified, MOTION: Redpath moved, seconded by Tangen, to amend the Fee Reso- lution, Section 2. 12 , to include a non-fraternal club category with the license fee set at 50% of the annual on-sale license fee. Motion carried with Bentley abstaining. C i ty Attorney Pauly stated the applicant for the liquor license for Chester' s is not the owner of the property. The applicant has paid the taxes for which he is liable and is therefore able to apply for and receive a liquor license. The corporation which owns the property is involved in the Chapter 11 issue. MOTION: Redpath moved, seconded by Tangen, to issue a liquor license to Chester' s . Motion carried unanimously. 2. C i ty_ Depos i tort' for 1984 Finance Director Frane reviewed the history of the depositories. He asked that Staff be authorized to solicit proposals from the banks in the City to see which would best serve the City. Discussion ensued on the types of banking is provided by banks in Eden Prairie and what might be of most benefit to the City. MOTION: Bentley moved, seconded by Tangen, to direct Staff to solicit proposals from the various banks in the City and to recommend to the Council the City depository for 1984. Motion carried unanimously. i u °� l City Council Minutes -4- December 27, 1983 1 }} i V. NEW BUSINESS A. Final Plat Approval for Timber Lakes Townhomes 3rd Addition (Resolution No. 83-313) -- - _---- MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-313, approving the final plat for Timber Lakes Townhomes 3rd Addition. Motion carried unanimously. B. Discussion of radi ng and footing permits for Welsh City Manager Jullie noted the request from Welsh for footing permits prior to approval of plans by the City Council . He indicated that most of the grading in this area had been accomplished when the first building was constructed and at the time the entrance ramp for I-494/Prairie Center Drive was under construction. The developer has promised the occupant of the building to be constructed that it will be ready on May I. Penzel said he is disquieted by this whole process. Bentley said he did not think the landscape would change much if this were allowed and the developer were to realize this was done at his own risk pending approval of plans. Redpath and Tangen concurred. MOTION: Redpath moved, seconded by Tangen, to authorize footing permits to Welsh for construction of a building east of the building in the northeast quadrant of Prairie Center Drive and. West 78th Street prior to plan approval by the City Council and with the developer's knowledge this is being done at his own risk. Motion carried unanimously. Bentley said he would like the Council to schedule a work session with Staff to discuss policy issues including: 1 ) building and material types , 2) grading permits , etc. MOTION: Bentley moved , seconded by Tangen, to hold a Special Meeting of the City Council on Tuesday, January 10, 1983, at 7:30 p.m. in Room 5 of the School Administration Building, at which time policy matters and procedures will be discussed. Motion carried unanimously. VI . ADJOURNMENT • MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 8:27 p.m. • Motion carried unanimously.