City Council - 10/22/1974 • F113LITES
EDEfJ PRAIRIE CITY COU►?CIL
Tuesday, October 22, 1974 7:30, P-N
COU;ICIL tt64SERS: Mayor David W. Osterholt, Joan Meyers, Wolfgang Penzel ,
Sidney Pauly. John McCulloch was absent.
CDURCIL STAFF: City Hanager Robert Heinrich, City Attorney Harlan
Perbix, Engineer Carl Jullie, Clerk-Finance Director
John Frane, Planner Dick Putnam.
Invocation was given by Mayor Osterholt. .
Pledge of Allegiance.
Roll Call .
I. MINUTES.
A. HIM.)TES OF TILE 1974 SPECIAL ASSESSNE3T HEARIUGS HELD OCT0BER 2, 1974.
Corrections:
Page 7, Par. 6, amended to read "because it- rrould delay actual assess-
ment for 1 year".
Page 6, end of 2nd Para. to read "including", not excluding
Page 7, delete #2 of motion.
Motion by Neyers, seconded by Penzel , to approve minutes as corrected.
B. Hinutes of the Regular Meeting held October 8, 1974.
Page 2, 2C. added - to receive and file letter of Northern States
Power rate changes
Hotion by Penzel , seconded by Meyers, to approve minutes as amended.
II. PUBLIC HEARINGS:
A. Sanitary Sewer and Watermain improvement along Duck Lake Trail and
within the Lochanburn Additibn, Projects SX1 73-1-21, SAFI 73-7-21
WTR 73-2-21, tJTR 73-2-21 and IC. 51-269. (resolution No. 908 attached.
Feasibility report distributed at September 10, 1974 meeting:.
y �
Council Minutes - 2 - Oct. 22, 1974
PUCLIC HEARINCS: (cont. )
?( Manager Heinrich confirmed that notices had been sent to those property
owners appearing on the preliminary assessment roll for the project and
that there had been !publication of the hearing notice in the City's
official newspaper. Heinrich further explained that there were some
property owners in the general area that had not received a notice of
the hearing because they were not to be assessed for the project as
planned. The property owners had expressed to him an interest in the
pro-ject and, .accordinply, Heinrich recommended that final council action on
the proposed improvements be continued until the 3rd Council meeting in
November. This vioul d also provide officials from the City of Chanhassen
to further evaluate their participation in the project.
Mr. David Husby, consultant from nal Associates, referred to the feasi-
bility report for the project and also a handout vdiich was distributed among
the audience. Mr. Husby explained the proj3c5s in detail ane explained the
various alternates that were studied.
The estimated project costs were broken doom as follows: $94,000 for
the trunk sewer project 7:3-7-21, $233,500 for the sanitary .seiner laterals
including concrete curb ►: gutter, $52,800 for the trunk watermain on
Duck Lake Trail , and $233,600 for the lateral watermain within the
Lochanburn addition.
Husby explainei that the cost of the street restoration, excluding con-
crete curb and gutter and the extra 1/2" of bituminous surfacing was
included with the sanitary sever lateral project. Cost of surfacing on
Duck Lake Trail between Ticonderoga and Tartan Curve is included with
the watermain project and will be paid from the City's trunk water
construction fund and not assessed to the Lochanburn property owners.
Penzel questioned the participation by Chanhassen in the sanitary sewer g
project. !'einrich responded that there is a division of opinions
about sharing the sewer trunk costs. The Metro Sewer Board policy is
to credit $6qO per year per mile for maintenance and operation costs
of the sewer trunk lines common to woe or three different communities.
This amount does not include recovery of capital costs. He indicated that
Chanhassen has not officially responded to the proposed cost participation.
However, there are indications that Chanhassen officials are in favor of the
project at this time.
Mayor Osterholt questioned why properties on the south side of the project
are not getting lateral benefit assessments. It was indicated that lateral
assessments from trunk lines are not assessed until connection to such lines
is completed and the income front such assessments is credited to the seiner
trunk funds.
r
I
I
j
Council Minutes - 3 - October 22, 1974
I PUBLIC HEARINGS: (cont. )
Jullie said that it may be possible to consider bidding for these Lochan-
burn area improvements together with the Round Lake searer and water
trunk projects to the south. This would result in a larger project and
possibly lover unit prices. Also, it may be possible to add the Loch-
anburn area ingroveneents to the Bryant Lake sanitary improvement contract
on a change order basis as an alternative to takinn ne.4 bids. .
Mr. Husby explained the $1000 additional costs for concrete curb and
gutter and 1/2" bituminous surfacing.
i1r. Jullie said that could cost a homeovmer approximately $1200 to connect
to sevler and water, including connection and permit fees.
• Y
Robert Harley, Tartan Curve, felt that curb and. gutter are going to cost
$1000 and could not see the need for curb and storm sewer at this time. E
Joe Michel , Tartan Curve, expressed concern about loss of trees. if there
were plans to %-den the street.
In response to a question about the proposed starting date, Air. Husby
read the tentative scheuule for the improvements. T.H. 101 will be
closed for only short periods of time during construction. The serer
and water laterals should be completed by the lst of July.
Notion by Penzel . seconded by Pauly, to adopt Resolution Mo. 900, order-
ing preparation of plans and specifications for Projects SA•, 73-1-21, SAN
73-7=21, WTR 73-2-21, and UTR 73-3-21, T.C. 51-20, Sanitary sewer and
watermain improvements along Duck Lake Trail and within the Lochanburn
Addition, and continuing the public hearing to the 3rd meeting in
November, 1974. liotion carried unanimously.
Bob Kruell questioned the motion and Fir. Heinrich clarified with reference
to permitting Chanhassen time to evaluate their participation.
In response to a question frorn the audience as to when they could vote,
the mayor advised that the decision was the City Council 's and was not
subject to a general vote.
S. New Testament Church, request for rezoning.
Heinrich said notice had been sent and published and that the proposal
had been recommended by the Planning and Loring Commission.
-
I
Council Hinutes - 14 - October 22, 1974
PUBLIC 11EARI,SGS (cont. )
B. New Testament Church (cont.)
Putnam summarized the Planning Cormission's recommendations and
explained to the staff the advantage of the revised plat to
neighboring property o!•mers.
• Rev. Herzog expressed the church's concept and philosophy and said
the congregation desires to locate in Eden Prairie and cited his
tentative plans for a future community center.
Hr. riadeen, artichect for the church, explained the plan for a new
building, including road access and dedication of possible double'
decking for parking in the future.
1. Motion by Penzel , seconded by Pauly, to approve Resolution No. 9001, grant-
ing the PUD for the approximate 7 acre site for use as a mulit--
purpose church structure, future housing and .recreation space within
the Major Center Area PUD and to incorporate the 'recommendation in
the Oct. 11 staff report. Resolution passed unaninously
2. Idotion by Meyers, seconded by Penzel to approve Ordinance No. 274
and authorize attorney to draw up re-zoning with recormiendations 2
and 3 0~' Oct. 11 Staff report. Potion carried unanimously.
III. PETITIONS, REQUESTS AND CM-1-JUNICATIORS
A. I•lotion by Penzel , seconded by ileyers, to approve the implementation of
Option "B" regarding the temporary structure at the Eden Prairie
School bus garage for a period to terminate 12131/76. Ilotion
carried unanimously.
B., Letter from Jaycees requesting teen center as Christmas tree sales
lot.
Motion by rdleyers, seconded by Penzel to authorize the use of Round
Lake Park teen center lot for the sale of Christmas trees by the Eden
Prairie Jaycees. Heinrich recommended approval based on last year's
favorable results. Motion carried unanimously.
C. . Letter from Paul H. Anderson of LeVander, Gillen, Puller and
11agnuson. regarding Phase,1. Special assessments for Ring Road Project
STR 72-9-26. '
Motion by Penzel , -seconded by Pauly, to refer to "r. Perbix.
Motion carried unanimously.
Mr. Perbix indicated that there were approximately 15 additional
appeals on the Ring Road Project.
t
Council Ninutes - 5 - October 22, 1974 '
III. PETITI021S, REQUE!TS ": C041UN1ICATIOZIS: (Continued) .
D. Pequest By {iennepin County Finance Director to reconsider the
Payment of penalties on certain essess;ments inadvertently delayed.
Motion by Penzel , seconded by Pauly, to reconsider previous action
on penalty waiver. Pauly questioned if anything had changed and
expressed the concern of the possibility of political implications.
Roll call - i.iayor Osterhol t, Penzel . aye. Pauly, 'seyers, nay.
Moti on defeated.
E. Communication from Fran Blacklock requesting City to establish Hazel
Jordan Nature Library fund.
Perbix suggested checking with John Frane and City auditors regarding
proper accounting of such a fund. s
f
ti
r
Notion by Penzel , seconded by Meyers, to refer to the Park and
y- .Recreation. Com*listion' foP•"•recormendati'bn. Notion carried unanimously:
a
IV. REPORTS OF OFFICERS, BOARDS AND COt11ISSIO.*IS:
A. Report of the (tayor
7
1. notion by Neyers, seconded by Penzel , to appoint Hari Oragseth
to the Hunan Rights Commission. notion carried unanimously.
2. Notion by Meyers, seconded by Penzel , to appoint Elizabeth
Tracy to the Park and Recreation Commission. Notion carried
unanimously.
3. Perbix stated that regarding election judges there is no statute
stating that they be from precinct. However, political balance
is a consideration and he would recor.�mend choosing from ►Yithin
a precinct.
Frane said that political parties have nct furnished Names to
the County Auditor.
Wayor Osteti►colt stated that there would be a special meeting called
to approve the list of judges and counters.
B. Report of City. Engineer
1. Change Order Nlo. 1 to Improvement Contract 51-260, Phase I of
Ring Road Project STR 72-9-26, Irving Lamppa Construction, Inc. a '
tlotion by Penzel , seconded by Pauly, to approve change order for '
a net decrease in contract amount of �6,958.42. Motion carried
unanimously.
f.
Council Minutes - 6 - October 22, 1974
IV. REPORTS OF OFFICERS, WARDS ANn C01,71ISSIOfS: (Continued)
B. Report of City Engineer
2. Final payment to Northern Contracting Company for Improvement
Contract 51-247, Improvements on flitcheli Road and Chestnut Road.
J
Motion by Penzel , seconded by Pauly, to approve payment in the amount
of $171,910.51, less all previous payments, with one year warranty
of all materials and workmanship commencing 10/22/74.
Meyers questioned heavy traffic and coverage of warranty. Jullie
responded that there is coverage and load limit signs are planned
and that Hi aviatha and Chestnut will have access. He also indicated
that the contractor cannot police the type of vehicles on the road.
y
Perbix added that the contractor has a bond to construct according
to specifications and is not liable for the type of traffic on !
the road. Uotion carried unanimously. - t
t �
3. Accept ownership and continuous Maintenance for the "street surfacing
and storm sever in Duck Lake Estates Addition. 1
Penzel mentioned that between 4 and the top of the hill area has
been destroyed, and wondered if it had been adequately repaired?
4
Jullie said Northern Contracting paid the bill and is under warranty.
i•teyers questioned accepting ovmership of streets until development
is complete. Jullie assured that contractor is still liable and has
complete obligation.
Motion by Meyers, seconded by Penzel , to subject to a one year
warranty all materials and workmanship commending 10/22/74 , accept-
ing for o%,mership an; continued maintenance the street surfacing
and stonn sever improvements located in the platted public right-
of-way within the plat of Duck Lake Estates. Notion carried
unanimously.
Amend agreement with Howard Needles Temmen and Bergendoff for
4 0 r
Engineering services on the Ring Road Pro3ect from T.H. 5 to
Valley View Road extended, plus traffic studies required by .
ilinn. fives. Dent. for signalization at Ring Road - T.H.lb-
T.H. 5 intersections.
Jullie recor.n.ended continued services with Howard Weedles Temmen
and Bergendoff.. €
ji
I
•
Council Hinutes . 7 - October 22, 197�
IVY REPORTS OF OFFICERS, BOARDS A,1ID CO1Z3SSI01-1S: (Continued)
B. Report of City Engineer
4. (cont. )
Hotion by Penzel , seconded by Pauly, to amend agreement dated
January 23, 1973, to include design phase and construction monitoring
services on the Ring Road Project.
Meyers questioned if this was Phase II and if it was petitioned for.
This was confirmed. Poll call - Motion carried unanimously
5. Mayor Osterholt reported homeatmers in the St. John's hood Addition f
are still concerned about their water pressure.
Jullie recommended obtaining a complete report from Black Veatch
on this problem.
t
Notion by Penzel seconded by iteyers, to obtain the report. -Notion m
carried unanimously.
C. Report of Director of Community Services
1. 4 & 5 Intersection Rini Sector Plan, for approximately 550 acres
surrounding the intersection of A. and S.
Putnam outlined Phases of Hini Sector plan, indicating possibility
of traffic experts as consultants.
Heinrich said no council action was needed as he would approve
on the basis of Putnam's recommendation. Meyers questioned pro-
rating consultant costs back to property owners and Heinrich
agreed that portions of the cost could be so allocated.
Penzel felt that in order to get the task completed, outside assist-
ance was necessary.
Mayor Osterholt asked to have Phases 2 and 3 re-iterated.
Putnam said two work sessions would. be necessary for design
problems. Fie plans to use top people as "reactors" such as Don
Brauer, Robert Engstrom, and Dick Holdfelt.
Meyers suggested a mailing to affected residents to observe review.
Mayor Cs terhol t felt it would be valuable for residents to be in on
the planning early because of possible worthwhile input.
Putnam felt it was agreeable to have prior notices of meeting in
addition to the special hearing .already planned.
a
Council ;1inutes - G - October 22, 1974
REPORTS OF OFFICERS, BOARDS XID COWISSIO tS: (Continued)
C. "Report of Planning Director (Cont. )
Hoti on by Penzel , seconded by i1eyers to authorize the I.11 ni-Sector
Study at 4 t 5, not to exceed �n4040 in total cost. The City staff may z
use consultant services and direct the finance director to establish a
system to fairly charge back to the benefitted owners the cost of the
study. The land ov-!ners in the area are to be notified concerning the
4 b 5 studies' progress and of up-coring meetings.
Notion carried unanimously.
Putnam estimated cost at $35 - $45 per hour for consultants.
D. Report of Director of Community Services
1. Recortmendation to purchase Smith property at Anderson Lakes for
Park purposes. - 1
i �
Perbi x recor.m ended moving date to Ist rather than 15th with
reference to the closing date.
i-lotion by Penzel , seconded by Meyers, to accept contract to pur-
chase property at Anderson Lakes for Park purposes. . Pauly
asked for clarification of location.
Roll called - Notion carried unanimously.
E. Report of City r-lanager
f Production 1 Consideration of plans and specifications or Standard roduct n
Diesel tlotor Grader.
Heinrich and Mr. Ray Earls reviewed specifications with the Council . 3
ilotion by Penzel , seconded by ,"eyers, to approve specifications
and authorize the taking of bids.
Notion carried unanimously.
2. Consideration of agreement for legal services With Perbix, Harvey }
and Simons for 1975.
f loti on by Penzel , seconded by. Neyers, to bring up at first meeting
in January,_vlith recommendation to new Council for continued
services. Notion carried unanimously.
i
Council Minutes -- 9 - October 22, 1974
IV. REPORTS OF OFFICERS, BOARDS AND W a 1ISS IONS: (Continued)
E. Report -of City 14anagide (Cont. )
3. Metropolitan Council 's proposed Housing Policy 31.
Motion by Meyers, seconded by Penzel , to refer Policy 31
to Human Rights Commission for co.�nt and recommendation.
Notion carried unanimously.
4. [Major Center Area Report Printing.
1100 sure subscriptions have been received. Mayor 4sterholt
said the printing for the MCA report could proceed. F
S. Revision to agreement with Metropolitan Council for funding -
of. Anderson Lakes Park. acquisitions.
Heinrich recorvaended to authorize mayor to sign amended
-agreement, the grant amount reduced by %5,050.
Motion by Penzel , seconded by t;eyers to authorize mayor to
sign amended agreement. Roll call - Notion carried unanimously.
F. Report of Finance Director
1. Payment of Claims Ws. 5167-5276 b
heinrith made a correction on 5229, correcting amount to
read $ 82.00. The correct total for the claims .is $1;236,430.90.
i
Motion by Meyers, seconded by Penzel ,. to approve claims
5167-5276 with recommended changes. Roil call - notion carried
unanimously.
Y. 4E•:1 CUSIMESS
Fteinr#ch requested staff to follow up on report of plastic trees on roof-
top of Sel!tvlar Building.
VI. Adjournment .
Motion by Penzel , seconded by Heyers, to adjourn meeting. Motion
carried unanimously.
Meeting adjourned at 12:15 a.m. �
I
3