City Council - 08/27/1974 MINUTES
EDEN PRAIRIE CITY COUNCIL
Tuesday, Auglast 27, 1974 7: 30 PM, City Hall
COUNCIL MEMBERS: Mayor David 1-1. Osterholt, John McCulloch,
Joan Meyers, Wolfgang Penzel and Sidney
Pauly.
COUNCIL STAFF: City Manager Robert Heinrich, City Attorney
Harlan Perbix, City Engineer Carl Jullie.
Invocation was given by Pastor Herzog, New Testament Church. 3
Pledge of Allegiance.
Roll Call.
I. MINUTES:
Minutes of the regular meeting held August 1 % 1974.
Corrections:
Page 1 , item II. "Northwestern Bank Corp. " should read
"Banc Northwest Corp. "
Page 5, last paragraph. insert "and make recommendations
on the feasibility of reducing the 5 acre minimum lot
requirement' after the word "community".
Page 6, VI, D, 2, last paragraph.. "redraw the zoning
ordinance" should read "draft the rezoning agreement".
Motion by Meyers, seconded by Penzel, that the minutes be
approved as corrected. Motion carried unanimously.
II. BID AWARDS:
A. Consider bids received on 8/23/74 for 'elatermain trunk and
lat6tal construction in norz eas Eden -Prairie, 1.0 .57=3763_
Mr. Heinrich called on City Engineer Carl Jullie, who
explained that while the bids received on the first
project were higher than anticipated, the bids received
on the other two rejects were lower; this resulted in a
net decrease of 3W
Motion by Penzel, seconded by Meyers, to adopt Resolution
No . 889 accepting the low bid of G. L. Contracting, Inc.
in the amount of $710,812.00 for Projects WTR 74-2-01 and
WTR 74-8-05 , I.C. 51 --263. On roll call, all votes were
aye. Motion carried unanimously.
r
B. Consider bids received on 8/23/74 for sanitary sewer trunk
ar' lateral era construction in norm eas en .. ra ira e.
1 -2b .
i
{
i. BID '.'lS:
3. (continued)
Mot-ion by Penzel , seconded by Meyers, to adopt Rasolut_on
ffo. 890 accept-in-- the low bid of Barbarossa & Sons _n. tea
am:ou13t Of 3P1 , 510, 186 . 40 for Projects 71-7-34. and
SAN. 74-1-01 , 1 -C . 51-264. On roll call, all votes were
aye. Motion carried unanimously.
C. Co.sider bids received on 8/23/74 for Scenic Heichts area
streets Lane , C=IlLiau rIVE a.k Jr tia aid
-------- --
Re Roc
Mr. Jul lie raviewed the assassment sum.-aary; giving the
to t21 assess?ant ficcpar-e .and the avarage moz thl;yr payment
fur Base Bid "At' and the five alternates as they app-- izd
do Sheridan Avenue and all other streets. He stated theme
�:ouid be no s crae t assessment north of Sonic
s trsa t would remain as it -is.
A petition approving the project ,tias signed by teu home
o�rin_ p� �rsl Ron �ar_a3t=n, Hillside, asked that his tarns be
added to the petition. It was noted that a resident on
Scenic Heights had signed the petition. Mr. Penzel
clarified that the corner lot would be assessed. once..
Clark Fifield, Red. Rock, asked how se-on the con tractor
would be building on the lots on Red Rock; and if he
would be assessed for the 10 lots, 24r, Jullie said that
development would be soon and he would be assessed.
MI-s., Pi,cocks Scenic Heights Road, asked i=" they wo%iCd
be assessed again for new roads if damage was cone by the
contractor.
Mayor Osterholt asked the policy of the contractor, was
he liable for damage, and could the develovar_ be preventeL&
from using the street. rIr. Jullie replied that the 101
lots abutted Re;� Rock, that temporary acc--ss roads wo-w:.; &
be locat'ad a o each end of the street. kI-- could not be
prevented frcm using the street but he could br: dixaa �cd
to use other routes.
Mr. Fifield and Mrs. Pldcock favored Base Bid A. -
Motion by Pen .ei. secon&u ;: 7bp.-McCulloch, to acor-
Resolut?on A:o. 691 accepting the to bid of Biturnin.ouf.�
-Roadways, Inc . in the a.:nour t of 8117P984 ,601 (Base Rid A.)
for Project STR '!3-5--`7; I.0.. 5 f--2o7., nn. roy1 calf.;
Pauly, Penzel, McCulloch and 1,Ieyers voted aye . . Osteeac-
voted .naye, Motion carried.
III . PUSLIC HEARINGS:
A. Proposed upgrading of T.H. 19-212 from 1/4 mile south of the
Ring Road to I-494. Project STR 74-3-09.
Mr. Brauer of Brauer & Associates surnnarized his report of 8/22/74,
adding that the proposals of the State Highway Dept_ are attractive
and that commitments to construction are logical and should be
followed through.
Mr. Carter, the Preserve, stressed positive action on the off
ramp from I-494 to 169 with a promise and a date of its completion.
He asked that all property owners except single family owners be
asked to dedicate land. Some should not be purchased while others
are asked to dedicate.
Jin Brown, representing Eden Prairie Presbyterian Cn urch, expressed
concern over the limited access to the church by the road con-
struction; and, asked Via rate of interest on the assessment if
deferred.
It was Mr. Brauer's recommendation that deferred interest be
allowed to accumulate up to 56% of the principal assessment.
No i-urthar interest would be charged thereafter.
Mr. Osterhol t expressed his concern that th2�churches :of. Eden Prairie
have made important contributions to the community and that they have
a rightful place in the major center area.
Motion by Meyers, seconded by Pauly, to close the hearing and adopt
a new Resolution No. 864 ordering improvement Project STR 74-3-09,
upgrading T.H. 169 and ordering plans and specifications, based on
the recommendation 111o. 1 A through E, of the Brauer report of
8/22/74. Motion carried unanimously.
VIDtion by Meyers, seconded by Penzel , to adopt Resolution No. 857
approving the preliminary plans prepared by the Minnesota Highway
Dept. for S.P. 274n-16, T.H. 169, as amended, contingent on State
Highway agreement with recommendations 2,3, and 4 of the Brauer
report. Notion carried unanimously.
B. Discussion of Ring Read - T.H. 159 and I-494 preliminary plans and
correspondence from the Minnesota Highway Dept. concerning design,
tine and cost sharing for bridges and ramps at the east Ring Road
and T.H. 169 intersection with I-494.
ed the proposals of the Resolution emphasizing P p
that the ring Road was not ovar-dosigned, that access points between
intersections wart necessary and that he could foresee more of them
when 212 is upgraded and state ;'169 beconnes a local street.
Mayor Osterholt asked if construction could be staged, beginning with
a two-lane road 'Co cut costs. Brauer said it was possible as long as
plans !-!ere made for the additional lames at the time they are needed.
The time would be determined by traffic situations that warrant tshe
need. Property development dictates upgrading needs.
- 4
III. PUBLIC HEARINGS :
B. (continued)
Meyers asked if the plans have been revised to move the
crest-bound ramp in. Jullie said they have, with a signal
located at west-bound 494.
Meyers asked where construction is in the time schedule;
and if the cost participationagreed -to is still in effect. k
k
Jullie said completion of 169 would correspond with the
opening of Homart Center in 1975 and that the remaining
area would be completed in 1976. All agreements on cost
participation are still in effect. ,
Motion by Penzel, seconded by McCulloch, to adopt
Resolution No. 858 approving the plans prepared by the
Minnesota Highway Department for S.P. 2785-175, 494.
Motion Zarried unanimously.
C. Request by Hennepin County for approval of proposed {
alignment and profile For t a construction or USAH 62,
Crosstown Higaway Project ho . 6839,, from Shady Oak Ko-ad
o 1-494.
Mr. Heinrich presented the proposed alternate routes and
their relative costs. He summarized the agreements
reached with County officials on July 15, 1974, specifical--L;
the alignment of Co. Road 60 to eliminate the sharp turns,
the improvements on Co. Road 62 between Scenic Heights
and T.H. 101 to handle anticipated traffic, and the
designation of Baker/Mitchell Road from T.H. 5 to Co. 60
as County-State .aid Highway.
Mr. Pransen, Beach Road, opposed any road through park
land and asked about the possibility of bike accese under
494. Mr. Lee, Hennepin County, said that no policy has
been set for bike trails and that night safety factors
prove no recommendation for their consideration.
Mayor Osterholt asked about the possibility of a clover-
leaf intersection at 494 and 62. Mr. Lee said there was
years ago, but not now.
Motion by Penzel, seconded by Pauly, to close the hearing
and adopt Resolution No. 892 approving Layout No. 6 for
CSkH 62 (Crosstown: Highway) Project No. 6839, from
Shady Oak Road to I-494 and granting approval to commence
right-of-way acquisition, subject to the memo of the
City Manager dated 8/9/74 and received; and that the
�. County agree to signalization at Beach Road; and that the
County deal with the property owners concerned with the
right-of-way acquisition on Baker Road.Osterholtasked t�';av
pedestrian and bike access be included. Penzel agreed.
Motion carried unanimously.
5 .
M,
IV. PETITIONS, REQUESTS, & CW*IUNICATIONS:
A. Communication from Mr.R.M. Robinson, District Traffic Engineer,
State of I-linnesota , regarding_ the traffic operations at the T.N. r
169 - CSAN 60 interchange.
i
Motion by Penzel , seconded by Mayers, that the staff be directed to
return the Council ' s concern to the traffic engineer and urge re-
consideration of his decision, that stop-signing is essential .
Motion carried unanimously.
V. ORDINANCES AND RESOLUTIONS:
A. Resolution No. 886 amending Resolution No. 738 establishing
assessment policies for th-a ilajor Center Area Ring Road Project
STR 72-9-2G.
Items 2, 5, 6, and 7 were discussed for possible change. Meyers
favored a pledge up -to 50% participation, saying it assured the
community of no more than that amount. Brauer suggested that
date of resolution should be time of assessment.
fieyers suggested that contracts be drawn up for the conservation
areas so they could never be changed to non-conservation areas.
Perbix said that exemptions should be based on ben-efits.
Pauly favored a period of 10 years over 5 years for the completion
of construction.
Mr. McCulloch expressed his concern that whatever assessment policies
are established for religious properties, the general taxpayer must
not be expected to pay the cost which could properly be assigned to
such properties.
Motion by McCulloch. seconded by Penzel , to continue to September 3
Council meeting. Motion carried unanimously.
VI . REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
A. Report of Piayor•
1. Appointment to the Park and Recreation Commission.
{Motion by Meyers, seconded by McCulloch, to confirm the
appointment of Mrs. Mary Upton to the Park and Recreation
Commission. Motion carried unanimously.
2. Appointment to Western Area Fire Training Association.
Mayor Osterholt announced there is no appointment at this time.
3. Appointment to the Building Code Board of Appeals.
Motion by Penzel , seconded by McCulloch, to confirm the appoint-
- .-ment of Charles De3ono to the Building Code Board of Appeals.
Motion carried unanimously.
4. Appointment to the Zoning Board of Appeals & Adjustments.
Motion by McCulloch, secondel by Pauly, to confirm t%e appoint-
ntsnt of Tni" roh►1i i a I�in+j*%n raMr•► ,� � �+�r�i�r►� e-11�
6 -
VI . REPORTS OF OFFICERS, BOARDS AND C01-0IISSIONS:
B. Reoort of Park and Recreation Commission:
J
1 . Neighborhood Facilities Study.
Mc-. Penzel presen-Led the extensive overall study of
staging for Park plans and asked for permission for
public discussion on the plans at Prairie View and
Forest Hills schools.
a
McCulloch said that he had not studied the plan in its
Entirety and felt that the .Council should discuss it
before a public meeting is held.
Meyers said that it should be Viewed in terms of the
long range Capitol Expenditure Plan and that she was
concerned over the large size of the sites as proposed.
Penzel said the sitez were designed to accomodate about
150 homes. He recommended that the Commission be
informed of the desire of the Council to study the
plan further.
Motion by Penzel, seconded by Meyers, to table for 2
weeks and withhold public consideration until the
Council has discussed the plan. Motion carried
unanimously.
C. Report of Director of Community Services :
1 . Ordinance No . 266, relating to the regulation and
keeping of horses, colts, and ponies within the City
of Eden Prairie.
Attorney Perbix recommended a Public Hearing be held
on the Ordinance.
Motion by McCulloch, seconded by Penzel, that Ordinance
No . 266 be considered at the September 24 meeting,
under Public Hearings. Motion carried unanimously..
D. Report of City Engineer:
1 . Request by Henne in County for designation of CSAH 62'*
from Scenic If eights___Road o T.11. 101 a a county StaTe
Kia Highway.
Motion by Penzel, seconded by Meyers, to adopt
Resolution No . 893 approving the designation of
CSAH 62 from Scenic Heights Road to T.H. 101 as a
County State Aid Highway. Motion carried unanimously.
_ 7 _
VI . REPORTS OF OFFICERS . BOARDS AND COMMISSIONS:
D. Revort of City Engineer: (continued)
2 . Request by Hennepin Counnty for desi nation of Ba_ker-
Mitcnell Road ro►a 1'.tl. 5�0. Road bO as a County
--ate Aid highway .
Motion by Penzel, seconded by McCulloch, to adopt
Resolution No . 894 approving the designation of Baker-
Mitchell Road from T.H. 5 to Co. Road 60 as a County
State Aid Highway. Motion carried unanimously.
3. Receive petition from Richdrd hupu, 7021 Center Drive
for sewer and water service an en,.er Drive to serve
our lots on Center Drive , north of North Hillcrest Ct.
Motion by Pauly, seconded by Penzel, to receive the
petition for local improvement dated 8/10/74 and to
adopt Resolution No . 895 ordering preparation of a
feasibility report on the proposed improvement. Potion
carried unanimously.
4. Consider a oroval of char e. order No. 2 and. final
Payment to Chris Construction Co. , 7ne . foT ImprOvement
Contract 51-256, Projects SA1V 3-1-12. WTR 7
e 3-z-1 2 and
STR 73-3-12 utilities and street improvements on
Hiawatha kvenue, Change Order No. 2 ainoun t - $ 10.00 .
ir_e._ con rac amours . 2o.
Motion by Penzel, seconded by Meyers, to . approve c'cerga
order No . 2 and mare final payment to Chris Construction
Company in the amount of $64, 608,25, less all previous
payment3, for I .C . 51-256, sub j ec•'4, to a one-yea,
warranty of all materials and workmanship commencing
8/27/74. On roll call, all votes were aye. Motion.
carried unanimously,
5 . Consider request from Howard Needles Tammen and .
Bergendoff to increase the percentage of surcia.arQe
Tor LlOsa en;ir_eaxin.:' services on the Kinfl' Road P �oi,e;f
*shieh are reim'E rsed an a cost times multiplier haeis .
Mr. Murphy, of HIdTB, explained that increase3 in
overhead costs were due to rental of expensive
equipment rather than labor, and requested that the
surcharge increase be made retroactive to January 1 ,
1974.
McCulloch spoke in favor of a July 1 , 1974, date.
Motion by McCulloch, seconded by Penzel, to approve
an increase of the multiplier .from 1.30 to
1. . 45 effective July 1 , 1974, for construction monitoring
and special services as provided for under the agree-
ment for engineering services on the Ring Road project
1:l�h RN TB, dated Ja..nuary 23., i 9;3, On roll call, all
votes were aye. Vntio:i cerried unanimously.
- 8 -
VT . REPORTS OF OFFICERS . BOX�RDS AND COP- MISSIONS:
E. Report of City Attorney:
1 . Resolution No . 887 denying the application of Feeders ,
nc, for a land al erna'clon permit.
Meyers approved the Resolution in concept but asked
that the subjects be rearranged in order, placing the
reason for denial first, ,grouping the environmental
statements, etc.
Motion by McCulloch, seconded by Penzel, to adopt
Resolution lo. 887 with rearrangement in order of
subjects. Motion carried unanimously.
F. Report of City manager:
1 . Letter from Dennis L. Hansen, Assistant Traffic
'Superintendent, enne i_n 'ounty u is Works-2,
regarding closing of USAR 1 and CShflon August 26.
Motion by Penzel, seconded by Meyers, to instruct the
staff to communicate with Mr. Hansen, insisting that
access be maintained continuously in that area.
Motion carried unanimously.
a
ADDENDUM•
•
IL
1 . Approval to purchase 0. 53 acres of land from the Estate �
of Lee Ti. Warden for N 5 Go. access road o Mitchell Rd.
south of the Water Treatment Plant. Project STR 74-3---0-9--T,
Motion by Penzel, seconded by Meyers, approving purchase
of 0. 53 acres for right-of-way purposes under Project
STR 74-3-08 I from the Estate of Lee M. Warden for the
sum of $2, 650. On roll call, all votes were aye. Motion
carried unanimously.
2. Resolution No. 888 appointing election jud_ ges.
r
I-lotion by Meyers, seconded by Penzel, to approve
Resolution No . 888 appointing election judges. Motion
carried unanimously.
3 . Request for permit to erect a mobile home for office use
at the school bus garage .
Wally Walztoni, Transportation Manager for Eden Prairie
schools , requested permission to use a mobile home for
office space at the school bus garage. He said it would
be temporary facilities for a period of about 2 years at
a cost of about $3500. There is no office space available
to him at this time.
. r
^.5
ADDENDUM:
3. ( continued)
Members of the council studied the request in respect
to the restricted use of mobile homes in the city.
Motion by Penzel, seconded by Pauly, to refer the request
to the staff for a report back to the council, after
inspecting the site of proposed location of the home.
Penzel and Osterholt voted aye. Meyers, McCulloch and
Pauly voted naye. Motion defeated.
4. Mr. Cal Anderson appeared before the council and expressed
his disappointment in the naming of Blacklock Nature
Center. He said he was informed that the city had a
policy of not naming parks, schools, etc after men. He '
questioned the change in the policy.
NEW BUSINESS:
Mr. Penzel read a letter from property owners on Townline
Road who are complaining about the dusty conditions due to
increased traffic in that area. He stated that the road
had been oiled twice this summer. It was referred to staff
for further recommendation.
Meyers resented 3 topics for open discussion:
� P P P
1 . Coordination of Council and Commission dates.
The commissions are meeting on Mondays and Tuesdays, at '
alternating places and this is a hardship on the members.
It was suggested that the commissions rieet on Mondays
at the City Hall and that the council keep Tuesdays for
their meetings . The need for liaison between council
and commissions was questioned. The possibility of
deleting council members from commissions will be
discussed later at another meeting.
2. Home Owners Associations.
Problems are arising over conflicting and inaccurate
stories of realtors and developers. Complaints have been
made about the inadequate and poorly constructed trails.
The role of
the city council in assuring truthful disclosure was
discussed.
3. Extending the study of unsewered areas to include the
increase of minimum lot size. The staff was
directed to extend the study as proposed.
VI I I . ADJOUnl-TENT:
Motion by McCulloch, seconded by Meyers, to adjourn this
meeting. Motion carried unanimously. The neeting adjourned
at 12:25 AFT. Ruth Zee {
Deputy Clerk