City Council - 09/23/1975 ;APPROVED
MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 23 , 1975 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Ulstad
City Attorney Perbix
Planner Dick Putnam
Director of Community
Services - Marty Jessen
Engineer Carl Jullie
Recording Secy. Belinda Vee
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INVOCATION: Given by Lee Kottke, Eden Prairie United Methodist Church
PLEDGE OF ALLEGIANCE
ROLL CALL - Council Members Bye and Pauly - Absent
C\1 I. MINUTES OF THE REGULAR MEETING HELD TUESDAY, SEPT. 20 1975•
Pg. 1, Last line, Correct "unanimiously" to "unanimously" .
Pg. 2, Item ( 5) . delete •'by The Preserve", insert "to be
preserved" . N
Pg. 3 , Para. $, Delete balance of paragraph after '1record: 11 ,
insert, "The above-grade pedestrian system was discussed
and generally accepted. The City requires that pro-
vision be made in the site layout to facilitate future
installation preventing potential structure condemnation."
Pg. 5, Para. 1, Delete "Osterholt and Bye voted "nay", insert
"Meyers voted 'nay* " .
Pg. 6, Para. 8, Delete "family" after 'hny other" , insert "party" .
Meyers moved to approve the minutes as published and corrected,
Penzel seconded. Meyers, Penzel and Mayor Osterholt voted "aye" ,
motion carried unanimously.
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Minutes -2- September 23 , 1975
I. MINUTES OF THE REGULAR MEETING HELD TUESDAY, SEPT. 9, 1975 ._
Pg. 3 , Para. 49 Delete "did not accept", insert "received and
filed" .
Delete "nursery", insert "garden store" .
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Pg. 4, Para. 1 insert "reported"' after "Ulstad".
Pg. 4, Para. Para. 69 Delete "were is" , insert "are in" .
Pg. 5, Para. 1, Delete "take the job of demolishing the buildings' insert
"demolish the buildings without cost to the City."
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Pg. 5 Para 7 Insert "density" after "implied".
Meyers moved to approve the minutes as published and corrected,
Penzel seconded. Meyers, Penzel and Mayor Osterholt voted "aye" ,
motion carried unanimously.
II. PUBLIC HEARINGS
A. 1975 Special Assessment Public Hearin
City Manager Ulstad explained the following: (1) Public
1. Hearing method was established by State of Minnesota,
(2) All contracts awarded were awarded to the lowest bidder,
(3) The method used by the City to arrive at the cost of a
project, and (4) The City costs are substracted from the
total project. He also stated the interest is at 8io for a
20-year period and if assessment is paid before November 10, 1975 ,
no interest will be charged. Notices have been sent to all
affected property owners.
1. I.C. 51-2592 SnI 73-4-17, Neill Lake Storm Sewer.
Engineer Jullie explained the area the project serves
and the project cost. He said they have tried to predict
land uses for their method of rating and responded to
questions by Council Members concerning the assessments
and credits allowed. -
Mr. James Mars, 10700 Lake Fall Dr. , stated he did not
receive letter and would like to know primary area. He
said he receives two tax statements and is in more than
one area. Engineer Jullie explained if he did not receive
a letter stating he was in part of the flow, he was not
part of the project .
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Minutes -3- September 239 1975
II. PUBLIC HEARINGS (Cont' d.)
A. 1975 Special. . . (Cont'd. )
2. I .C. - 51-260 STR 72-9-261 Re-assessment of the 1974
Phase I Ring Road storm sewer assessment.
Engineer Jullie explained the change in assessment was
due to re-figuring as an error had . been discovered.
Mr. Lee Johnson of The Preserve, stated this reduction e
does not reflect in any way our non-agreement with the
assessment.
Mr. Robert Silberman, representing D. B. Anderson and
Nancy Holmes, questioned if this assessment was passed,
would a new appeal have to be filed. Mr. Perbix said
he had discussed this with Mr. Jullie and did not think so.
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Mr. Bermel, Bermel Smaby Co. , stated he would not be
satisfied with current breakdown of services.
3 . I.C. 51-263 and I.C. 51-264 WTR 74-8-01 and SAKI 71-7-34.
Engineer Jullie explained the project and the assessment.
..� Mr. W. Essling, St. Paul, representing the owners of
Tract 3000, N.E. Corner, stated they objected to the
assessment and did not feel it was appropriate, etc.
Mr. Doug Reed, Rauenhorst Ccrp. , Parcel 3425, questioned
Engineer Jullie if they were to be assessed and Jullie
explained they are not recommending assessment at this
time.
Mr. Bruce Br311, Kingdale Kennels, asked if this sewer line
was done and Jullie explained it will be done in the spring.
4. 'I.C. 51-265, SAN 73--7-0 511, WTR 73-8-0711, STR 74-3-12.
Engineer Jullie explained the project and there were
no questions.
5. I.C. 51-267 STR 73-3-27 Street improvements and storm
sewer or the scenic Heim is AddiMn and a Sacen roperties
Mr. David Kashma.rk, stated his sod and driveway are in bad
condition after project work.
Mr. Bo Lund, 15010 Hillside Drive, stated he thought it
was a real shabby job on the sod and driveway was never
restored, etc.
Mr. Clark Fifieldp 8383 Red Rock Road, asked if where
they sprayed with green meant the settling curbs were to be replaced
-and if easement remained the same and Engineer Jullie
Minutes -4 September 23 , 1975
II. PUBLIC HEADINGS (Cont ' d. )
explained the green was to denote settling curbs replacement and the
easement remained the same as before .
Mr. Joe Leonard, 8217 Hillside Drive , questioned Mr. Jullie
and the Council as to exact funding time for this project and
when bonds were sold. The Mayor explained the funds are put
in one pot and it would be difficult to identify them and that
bonding is required.
Mr. Ron Burke , 8242 Sheridan Lane , stated they have a bad spot
on their road and he explained to the engineers he didn•t think
they could put a road there and keep it as there is 18-20 feet
of black dirt.
6. I.C. 51-269, SAN 73-7-211, WTR 73-8-21 and MIS 74-9-14•
Mr. Paul Albrecht questioned the cost of the curb and gutter
and stated his driveway was not brought back into condition
and he has lost two exhaust systems on it. He is against
these things.
Mr. Gray, RCM, questioned cost of curb and gutter and Engineer
Jullie explained.
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Mrs. Judy Pfaff questioned the Council regarding the increase
in cost of Metro sewer - Mayor Osterholt explained. a
Mr. Stan Riegert expressed his concern with the project and the
method of sod installation, location of hydrant and elevation g
of curb. Engineer Jullie explained someone from the Enginee ring
Dept. will get in touch with him to work out the problems.
Mr. Jim Manning, concerned about manhole being covered.
Mr. Leo Dorf, concerned about caved in culvert that has filled
with sand and will cause trouble in spring.
Mr. Loren Irvine, expressed his dismay with sewer line being in
but not with sewer hook-up available and is concerned about clean-up
and seeding .
7. MISCSL.LANEOUS SUPPL04ENTAL ASSESSIfiENTS
7.1 RLS, Tract Al trunk sewer and water assessment ( 2 acres) ,
7.2 13816 Valley View Road, Trunk sewer and water and water
lateral, 7.3 7636 Baker Road, Trunk s�vier and water and water
lateral, 7.4 15601 Valley View Road, server lateral, 7.5 15214 �
Scenic Heights Road, sewer and water trunk and lateral and area
coll., 7.6 ?300 Prairie View Drive trunk sewer and water and
water lateral, 7.7 7950 Mitchell Road (9000) . water lateral
7.8 Additional Phase I Ring Road Assessments.
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Minutes —5— September 23 , 1975
II.A .PUBLIC HENRINGS (Cont' d. )
City Manager Ulstad presented a letter from Mr. Seifert objecting
to the assessment on his property.
Council members questioned Mr. Jullie regarding method of
assessment .
Mr. Bob Hansen, Chamber of Commerce, questioned the method
of Ring Road assessment and Jullie explained.
Penzel moved to approve adoption of Resolution No. 1031 pertaining
to Items 2 , 42 61 & 7 as amended and continue consideration of
public hearing on Items 1, 3 and 5 mtil October 7, 1975, Meyers
seconded. ?Meyers, Pen--el and Mayor Osterholt voted "aye" ,
motion carried unanimously.
B.7r169 Mini—Sector Study, report by Brauer & Assoc .
hSeyers moved to continue matter until October 79 1975, Penzel
seconded. IMeyers, Penzel and Mayor Osterholt voted "aye",
motion carried unanimously.
C.Modern Tire & Energy Systems Rezoningp request for rezoning
rorn Rural to Industrial for the 14odern Tire Tv= Flyffg-tloud
Drive ) ana nerdy 3,Ystens 27 Flying_, oua rive
Penzel moved to continue to October 79 1975 meeting, Meyers u
seconded. Iti7eyers, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
III. PETITIONS, REgUESTS & COPUNNICATIONS
A . Request by W. Gordon Smith Company (Jesse Schwartz) to
install 3.nstall a retail gas pump in an Industrial Zone , 7920
Wallace Road.
Penzel moved to continue matter to October 7 , 1975 to
enable staff to notify all adjoining property owners of
request, Meyers seconded. Meyers, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
B. Communication from Michael T. Rutten received 94k 75
appealing on behalf of the New Testament Unurcnor a
re—examination of an onsi a soil abs ion se a e s stem
an or holding tank for the EcTurch bulldinL,
Penzel moved that we stay with original commitment as
required for approval and instruct staff to investigate
feasibility of the City contracting for hook-up and assessing cost
to owner with the option of waiving public hearing through petitioning
process . Meyers seconded . Meyers, Penzel and Mayor Osterholt
voted "ayes , motion carried unanimously.
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Minutes -6- September 232 1975
III. PETITIONS, REQUESTS AND COMMUNICATIONS (Cant' d. ) {
C. Request bx local sno«rmobile club for City articipation
In snotivmo Z e trails,
Mr. Hanley Anderson appeared before the Council to
explain their request. Stated State has money available 4
for trails approved by Citv, etc.
Penzel moved to refer this matter to Park and Rec. ComnIssion
and staff for their recommendations and come back to the
Council by the first meeting in November, Meyers seconded.
Meyers, Penzel and. r•iayor Osterholt voted •'aye" , motion
carried unanimously.
D. P.eauest for extension of Basswoods D-1 Anartment Site
rom George Carte!7�,__ Trie Preserve .
Mr. Hess, of The Preserve, explained the request.
Meyers moved to extend time limit to September 5, 1976,
Penzel seconded. Meyers, Penzel and mayor Osterholt voted
*laye", motion carried unanimously.
E. Petition from residents of Crestwood Terrace Estates for
natural ryas to be installed an tHeir development. e i ion
receive ,
City Manager Ulstad explained the request and Council
members discussed.
Penzel moved to direct this petition to the Gas Co.
(Minnegasco) and ask the Gas Company to work with the
residents accordingly, Meyers seconded. Meyers, Penzel
and Dlayor Osterholt voted "aye" , motion carried unanimously.
F. Petition reauest ng bituminous overlax for West 62nd Street
own ine R oafrom County 77- o Woodland Road. e i lon
re cc ive a -) .
Council members questioned Engineer Jullie regarding this
request.
Meyers moved to refer to staff to make inquiries as to
financial participation by Hennepin County and Minnetonka,
Penzel seconded. Meyers# Penzel and Mayor Osterholt voted
"aye" , motion carried unanimously.
G. Request from School to expand existing bus garage .
Messrs. Ovick (Architect) , Gamm (School Bus .Mgr.), Schee (School
{ Administrator) ,, and Walztoni (trains .Dir.) presented the request and
responded.
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Minutes -7- September 23 , 1975 x
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l III. PETITIONS, REQUESTS AND COP•aTUNICATIONS (Cont t d. )
G. Request from School. . . (font' d. )
to questions by Council members as to construction,
time frame, safety, sprinkling system, cost, removal
of trailer, etc.
Penzel moved to approve the remodeling on the written
commitment from the School Board that a sprinkling
system will be installed within year from the approval
date, Iieyers seconded. Penzel and Meyers voted "aye",
Osterholt "nay". Motion defeated.
Penzel moved to send back to School Board for a commitment r
as to sprinkling system and safety, Osterholt seconded.
Meyers, Penzel and Mayor Osterholt voted "aye", motion
carried unanimously.
IV. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Report of City Engineer
1. Plat correction for Mall Creek_ 4th Addition.
. , Engineer Jullie explained the correction request.
Penzel moved to adopt the correction, Meyers seconded,
Meyers, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
2. Change _Order No. 2, I.C. 51-263 , Northeast Area Trunk
9atermain ro ject
Engineer Jullie explained the change order was necessary
as the State Highway Dept. did not show correct location
of pipe on their map.
Penzel moved to approve Change Order No. 2 and instruct
staff to take all steps possible to correetthe mistake and
obtain payment,Meyers seconded. Meyers, Penzel and Mayor Osterholt
voted. "aye", motion carried unanimously.
B. Report of Director of Community Services
1. M. B. Hagen Realt Company to donate to the j
Ult`y 6 lots-'in t��aradise Valley Area:
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City Manager Ulstad explained the offer and stated
C there were back taxes due plus penalties and special
assessments.
Meyers moved that we inform the M. B. Hagen Realty
Company that we are not interested in accepting these
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Minutes —$— September 23 , 1975
IV. REPORTS OF OFFICERS, BOARDS AND CO3�'L'+�ISSIONS (Cont' d.)
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B. Report of Director of Community Services (Cont'd. )
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1. M. B. Hagen Realty. . . (Cont'd.) f
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lots for park, Penzel seconded.
Meyers, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
2. Notification of aporoval of Federal aid urban fundin
for County r oa i eway.
Director of Community Services Jessen explained the
approval for first phase of bikeways and would like
to proceed to obtain funding.
Penzel moved to authorize staff to proceed to obtain
funding for bikeways, Meyers seconded. Meyers, Fenzel
and Mayor Osterholt voted "aye", motion carried
unanimously.
Mayor Osterholt requested Jessen present a recap of
funds contributed by developers for park in lieu of
land.
C. Report of City Manager
1. Communitz Growth Council ( continued from 7/22/75
Counci meeting) .
City Manager Ulstad explained the meetings have been
very constructive and presentations have been made
by the City, School, Developers, etc.
Mayor Osterholt stated he has sat in on meetings and
found them very interesting.
Penzel moved to receive the Manager' s report favorably
and instruct him to submit reports on a regular basis,
Meyers seconded. Meyers, Penzel and Mayor Osterholt
voted "aye•', motion carried unanimously.
2. Eden Prairie Stables — Building Demolition.
Ulstad explained the cost to demolish would be $3400.
Penzel moved to approve the building demolition bid of
$3400, Meyers seconded. On a Roll Ca11 Vote Meyers,
Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
Minutes --9- September 23 , 1975
IV. REPORTS OF OFFICERS, BOARDS AND COT-24ISSIONS (Cont' d.}
C. Report of City Manager (Cont'd.)
3 . The Preserve RLS - authorization of Mayor's signature.
Penzel moved to approve the RLS and instruct staff to
send a letter outlining the Council's concern that {
no future land uses be committed for Tract H: Meyers
seconded. Meyers, Penzel and Mayor Osterholt voted
"aye" , motion carried unanimously.
D. Report of Finance Director
1. Payment of Claims Nos. 7666 -- 7781.
Penzel moved to approve payment of Claims Nos. 7666-
7781, Meyers seconded. Meyers, Penzel and Mayor
Osterholt voted "aye" on a Roll Call Vote, motion
carried unanimously.
2. Clerk' s License List.
Penzel moved to approve the Clerk's License List,
Meyers seconded. Meyers, Penzel and Mayor Osterholt
voted "aye'' , motion carried unanimously.
j V. NEW BUSINESS
Penzel - Budget meeting prior to October 7, 1975 public hearing
to be held October 6 , 1975.
Mayor Osterholt - Chamber of Commerce would like the Council
to meet with them from 4:30 to 6:00 PM on either the
22nd, 23 rd or 24th of October.
Meyers - City should take steps to vacate AlpineWay and take
barriers off and call public hearing.
VI. ADJOURNMENT
Penzel moved to adjourn at 12:23 AM, Meyers seconded. Meyers,
Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
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