City Council - 11/09/1976 3
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EDEN PRAIRIE CITY COUNCIL
UESDAY, NOVEMBER 9, 1976 7:30 PM, CITY HALL `
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COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
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COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbi x `
City Engineer Carl Jullie
Recording Secretary Joyce Provo
INVOCATION: City Manager Roger Ulstad
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PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGMNDA AND OTHER ITEMS OF BUSINESS.
The following items were requested to be added to the Agenda under the "New
Business" category:
A. Offer of First National Bank of Hopkins to sponsor a member of the
City Counci 1 to a conference to be held December 2 and December 3.
1 A ointment of a Youth Member to the Parks , Re_creation_& Natural
Resources Commission.
C. Report on Dutch Elm Disease as requested by Council .-
D. RtcLuests for Public Hearings. T
E. In;-ormal discussion on Chanhassen 's proposal to connect to Eden Prairie's
Duck Lake-1 Trunk Sewer.
MOTION: Meyers moved , seconded by Pauly, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, OCTOBER 12, 1976.
Pg. 1, 1st para. , line 1 ; strike "seconded by Bye", and insert "seconded by
Meyers"; 4th para. , 4th line, strike "italian" and insert "Italian".
Pg. 2, 4th para. , 3rd line, strike "appeared" and insert "expressed objections"
Pg. 3, correct spelling in proper name: "Johnston" to "Johnstone"
Pg. 5, 4th para. , 2nd line, :`ter "the" add "Council feels the".
MOTION: Meyers moved, seconded by Penzel , to approve the minutes of the Council
meeting held Tuesday, October 12, 1976, as amended and published. Motion carried
unanimously.
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III . PEPORTS OF OFFICERS, BOARDS & COMMISSIONS
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A. Reports of Council members.
I. Councilwoman Pauly reviewed the Planning Commission 's meeting
held November 8th , specifically speaking to the Commission' s request
that the Council explore the possibility of an ordinance that would 4
• perhaps limit or prohibit Class 4 restaurants unless they are
clustered, and that this not be part of the Comprehensive Guide
Plan updating as this item should receive faster action.
MOTION: Pierce moved, seconded by Meyers , to instruct staff to
prepare a report on the Class 4 restaurants and submit to the Planning
Commission and Council for their consideration, and direct City Attorney
to research if such an ordinance can be passed to control Class 4
restaurants and also taking into consideration similar clustering
for automotive and TBA uses (tires, bat,$eri es 8 accessories) . Motion carried
unanimously.
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B. Report of City Manager
1 Suburban Public Health Nursing Service
City Mager Ulstad brought the Council up-to-date on the Suburban
Health Nursing Service, referring to memo from Betty Johnson dated
November 2, and communication from Phil Eckhert, Acting Director from
the Office of Planning & Development, dated November 8.
Mr. Ulstad expi a i nPd there will be a meeting on Wednesday,
November 17, in the Community Room of the St. Louis Park City Hall ,
for the purpose of updating the planning to implement the Community
Health Services Act in Hennepin County. Mr. Ulstad will be attending
this meeting along with Councilman Pierce.
A report will be given by Mr. Ulstad and Councilman Pierce at the
November 23rd Council meeting relative to the above mentioned meeting.
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2. Award bids for 4 intermediate_pol ice vehicles.
City Manager Ulstad spoke to memo dated 11/8/76 regarding bids
recei ved.
MOTION: Bye moved, seconded by Pierce, to award the bid for
3 pol i c:e cars to Freeway Ford in - the amount of $14,787. 00, and !
the bid for 1 station wagon to North Star Dodge in the amount of
$5,095. 22. Motion carried unanimously.
3. Discussion on bid submittal for Vo-Tech Model Home. -
City Manager Ulstad discussed the possibility of bidding on a •Vo-Tech
Home, explaining that if we were a successful bidder it would possibly
cost the City $35, 000, which would include the home, moving the home
to the site, digging a basement walkout, heating and landscaping.
The other alternative would be to contract for a shell, of which the cost
ff may be somewhat about the same. Mr. Ulstad stated he would have more
t' information to the Council for the November 23rd Council meeting.
MOTION: Bye moved, seconded by Pauly, to direct the City Manager to proceed x
with further evaluation of site location and economics of purchasing a
home from Vo-Tech at the present time, and to review other alternatives.
Motion carried unanimously.
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4. Request for Public Hearing for liquor license for John Suback.
City Manager Ulstad explained that this is a continued request on 3
the part of Mr. Suback for a liquor license, noting that the City
does have a completed application in addition to drawings that were
submitted to the City Council 1 - 1 112 years ago relative to- land
• layout, an architect 's concept of the building, and a floor plan
of the building. '
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MOTION: Meyers moved, seconded by Penzel , that the Council initiate
a Public Hearing for the purpose of considering rezoning the
Suback property from I-2 Park to C-Commercial and refer matter
to the Planning Commission for their review and recommendation.
Meyers and Penzel voted "aye" , Bye, Pierce and Pauly voted "nay". E
Motion failed.
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Pauly stated in the ensuing years she h'as not heard of one request
that has come before the Council that would change her opinion as
to the recommended use adopted by the Council in March of 1974.
Penzel pl a i ned that although we may set the Public Hearing date for
Deceribe 7th, the license cannot be approved until the 1st meeting
afterwards. Having the Public Hearing does not prevent the Council 1
from granting or approving the license a week after. '
Bye noted that this request has been around for years and that people
have acted in good faith on the precedent that was set.
Meyers explained that what we see before us now is a brand new
application and feels it is important the Council has the option of what
to do with it. Action taken by the Council two years ago determined
this to be a location for an on-sale liquor restaurant which was never
exercised by the applicant. Meyers further expressed her concern
with all the undeveloped industrial property in Eden Prairie, that we would
receive similar requests for commercial uses.
MOTION: Bye moved, seconded by Meyers, to set December 7, 1976 as the
Publ i c Hearing date for the request for an on-sale liquor license by
Mr. Suback and partner. Motion carried unanimously.
C. Resort of Human Rights Commission
1 . Report b� Cha i r erson Rosemary Dysi nger of the Human Rights
Commission on the South Hennepin Human Services Council Workshop
on community based services.
Cha'i rperson Rosemary Dys inger of the Human Rights Commission spoke
to the workshop scheduled for December 4, 1976, 9:00 AM to 4:00 .PM
at the Creekside Center, 9801 Penn Avenue South in Bloomington, She
also outlined the Goals and Objectives of this workshop and invited
Council members to participate if. at all possible.
MOTION: Bye moved, seconded by Meyers, that the City donate $75.00
to the South Hennepin Human Services Council for the Community-Based
Residential Services Workshop. Motion carried unanimously.
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D. Report of City Engineer
1 . 2nd Reading of Ordinance No. 349, changing the street name of West
78th Street to Arboretum Boulevard.
City Engineer Jullie spoke to Ordinance No. 349 and to the responses
received from various property owners on West 78th Street. He noted x
that the business community is opposed, ,but he has received responses from 4 or 5
property owners in favor of the change. There would be costs involved to the
business community, especially to the big companies.
Meyers felt that as a resident she would prefer to live on Arboretum
Boulevard as opposed to West 78th Street, but did not feel it would be
worth the change if it would burden our business community. Pauly stated
she was inclined to agree as it would be too much of an imposition to the
businesses affected.
MOTION: Bye moved, seconded by Meyers, to deny the 2nd reading of
Ordinance No. 349, changing the street name of West 78th Street to
Arboretum Boulevard. Motion carried unanimously.
2. Acce t dtilities in Prairie East 1st Addition and 2nd Addition.
City Engineer Jullie spoke to his memo dated November 4th and recommended
approval of the City accepting utilities in Prairie East 1st Addition
and 2nd Addition.
MOTION: Pierce moved, seconded by Bye, that the City Council accept
for continuous ownership and maintenance the sanitary sewer and watermain
in the Prairie East 1st Addition and 2nd Addition, subject to a one-year
maintenance bond commencing November 9, 1976. Motion carried unanimously.
3. Final plat approval for Basswoods Second Townhouse Addition.
City Engineer Jullie spoke to Resolution No. 1208B, approving final plat
of Basswoods Second Townhouse Addition, and recommended approval of same.
Meyers questioned if trails that were supposed to be built have been
completed. Jullie stated he would check to make sure the trails have
been completed.
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1208B,
approving the final plat of Basswoods Second Townhouse Addition. Motion
carried unanimously.
4. Receive feasibility report for utility improvements on Heritage Road,
I .C. 51-290. -
City Engineer Jullie spoke to Resolution No. 1209 and the Feasibility
Report prepared by RCM Associates. i
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1209,
receiving feasibility report and calling for a hearing for December 7,
1976 for I.C. 51-290. Motion carried unanimously.
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5. S __ia�- essmcnt deferments for senior citizens .
City Engineer Jullie spoke to Resolution No. 1210, relating to
deferment of special assessments for senior citizens, and explained
that he had taken ordinances from two other communities, those being
Minnetonka and Bloomington, and also input from staff, and drafted i
an ordinance which would fit into an ordinance for Eden Prairie. Jullie Y
stated that after much publicity, the City has only received interest
in this deferment from one person_
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Amendments were suggested by Council members to be incorporated in-
to Resolution No . 1210.
MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1210,
as amended, relating to deferment of special assessments for senior
citizens , and direct the City Attorney to redraft the resolution
including amendments requested by Council members. Motion carried
unanimously. (Amended Resolution No. 1 10 as redrafted by the City
Attorney and adopted by the City Counci attached as part of the minutes) .
E. Report of Finance Director
1. Clerk' s, j,i c_ense List.
MOTION: Pierce moved, seconded by Meyers, to .approve the Clerk's
License List dated November 9, 1976. Motion carried unanimously.
2. Payment of Claims Nos. 2838 - 2936.
Bye moved , seconded by Pierce, to approve Payment of Claims Nos.
2838 - 2936. Roll Call Vote. Bye, Pierce, Meyers, Pauly and }
Penzel voted "aye". Motion carried unanimously.
IV. NEW BUSINESS
A. Offer of First National Bank of Hopkins to sponsor a member of the
C ty Counci 1 to a conference to be held December 2 and December 3.
Mayor Penzel asked if any Counci 1 person would like to attend the
conference to be held December 2 and 3 in the St. Paul Civic Center
to discuss critical economic issues facing our state between now and
1990. Councilman Bye said he was planning on attending the conference.
B. Appointment of a Youth Member to the Parks, Recreation & Natural
ResourcesCon-mission -
Mayor Penzel recommended that Randy Retterath be appointed to the
Parks , Recreation & Natural Resources Commission as a Youth member.
MOTION: Pierce moved, seconded by aye, to approve the recommendation
of appointing Randy Retterath to the Parks, Recreation & Natural
Resources Commission as a Youth member. Motion carried unanimously. I
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C. R' ?ori ":�' �, `-1_t, E) i sease as requested by Council .
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City Manager Ulstad explained that the report on Dutch Elm
Disease would be included in the "For Your Information" to be
submitted to the Council on Friday.
D. Requests for Public Hearing '
City Manager Ulstad spoke to the requests received for Public
Hearings for December 7. ►,
MOTI014: Meyers moved, seconded by Bye , to set December 7,
1976 as the Public Hearing date for the following: Condon/Naegele
Office Building, Area G of The Preserve Commercial Plan,
Stewart Highlands , East/West Apartments , and Opus II. Motion :
carried unanimously.
Council requested that guidelines be drawn indicating that
each Public Hearing would take no longer than 45 minutes. If
the Public Hearings continue past the 45 minute time limit,
then they should be continued to another meeting.
E. Informal Aiscussion on Chanhassen's proposal to connect to Eden
Prairie' s Duck Lake-1 Trunk Sewer.
City Engineer Jullie explained that he has had further discussions
with the Chanhassen people and they have pointed out that it would
cost approximately $6, 500 to cross under 7#101 to make a connection
to our trunk line. Jul l i e thought it would be reasonable for
the City of Chanhassen to pay $75,000 less the $6,500.
It was the consensus of the Council that staff continue to
negotiate with the City of Chanhassen and see if they would
be acceptable to the above mentioned proposal .
F. Additional New Business - MTC Bus Shelter_
City Manager Ulstad explained that the Metropolitan Transit
Commission has agreed to put a bus shelter in the vicinity of
Highway #5 and Mitchell Road and will pay for the s i dewal k�
provided we put in the sidewalk. We have expanded the lot and will
expand it further to provide for 40 - 45 cars. Mr. Ulstad recommended
the Council approve the agreement with the HTC for this bus shelter.
Penzel questioned 1f handicapped parking could be provided right
next to the shelter. Mr. Ulstad stated that this would be provided.
MOTION: Bye moved, -seconded by Meyers , to authorize the Mayor and
City Manager to enter into an agreement with the Metropolitan Transit ;
Commission for a bus shelter at Highway #5 and Mitchell Road. Motion
carried unanimously.
V. ADJOURNMENT
MOTION: Meyers moved, seconded by Bye, to adjourn the meeting at 10: 15 PM.
Motion carried unanimously.
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CITY OI' EDEN PPZAIPZTE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1210 tr
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A RTSOLUTION RELATING TO DEFERMENT OF
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SPECIAL ASSESSMENTS FOR SENIOR CITIZENS
WHEREAS , M. S.A . 444 . 22 through 444. 24 authorizes the City
of Eden Prairie, upon recei?t of proper application, to defer
the payment of special assessments against any homestead
property owned by a person 65 years of age or older on January
1 of the payoent year and for whom it would be a hardship to
make the payments; and
WHEREAS , M. S.A. 444 . 22 through 444. 24 authorizes the
/ municipality to determine the limits of the term . "hardship"
L within' the scope of the law ; and
1,MEREAS , M. S.A. 444 . 23 authorizes the municipality to
establish an interest rate to be added to the deferred assess-
ment which shall be payable in addition to the deferred assess-
ment .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, AS FOLLOWS :
That parsons 65 years of age or older whvse gross annual
household income of husband and wife is $9, 000. 00 or less, may
apply to defer special assessments levied against homesteaded
property provided they meet the following requirements :
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1 . Fil3l)U LIT) appii cation for defcrmct)t of special
assc:; ts which application shall be provided
by the City Engineer ' s office _ Said application �.
must be filed by the crualified property owner no
later than November 10 of the year preceding the
year in -•ihich the assessments are to be due.
2. That the market value of the ho;nestead property
according to the City Assessor ' s records shall
not e::cocd $75, 000 .00.
3 . That. assessments pending or levied against a
parrel of land prior to ownership by the applicant
shall not be eligible for deferment under this
resolution, except that unpaid special assessments
levied against property of Llzgible annlicants may
be deferred provided they were the owner of the
affected .property on January 1, 1971 .
4 . Defeired interest at the rate for that particular
a1kessment shall be added to the deferred assess-
irent but not exceeding 50/ of the original assess-
ment arnoun t .
5 . Plu 1 t iple d3 -jelling complexes designed and organized
for re t i renient living exclusively shall not be
eligible for deferment unless specifically
autl-�ori.-ed by the City Council .
BE IT . FUR11-31-•R RESOLVi�D, That the right of deferment shall be
terminated as permitted under M. S.A. 444 . 24 upon the happening of
any of the fol lo�. ng events
A. The Uv)ner dies and the spouse is not otherwise
eligible:
B . The property or any part thereof is sold,
transferred , or subdivided ;
C. The property shoo ld lose its homestead status , or
D. If the City determines that the taxpayer is no
longer in the hardship category.
ADOPTED by the City Council of. the City of Eden Prairie on November
10 , 197G .
Wolfgang I1. Penzel , Mayor
ATTEST:
SEAL
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Jolin D. F'rane, Clerk