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City Council - 02/23/1970 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Monday. Y Februar 23s 1970 7:30 P.M. , Village Hall MEmbers present were Mayor Osterholt; Councilmen Redpath, Haugen, Nesbitt and Lieb. Also present waa Village Manager George C. Hite. I. PUBLIC HEARINGS a A. r. Russe Marsh. Request for Minin5 Permit. Mr. Russell Marsh pre- IL senteThis request or a mining permit authorizing he or his agent to mine 300.000 to 400,000 cubic yards of material from his property. The property is located west of 494, south of Nine Mile Creek, east of Baker Road and north of Top View Acres. Mr. Marsh indicated he did not feel that his property could be developed for residential purposes without substantial alteration. He added that in order for him to retain the property it would be necessary for the property to produce some income. Mr. Marsh presented a number of plans and engineering drawings indicating the extent to which he proposed to mine the property. Mr. Plehal was present and advised the Council that if the permit were to be issued his c ompany would be conducting the mining operation. Mr. Redpath asked if the entire hill would be affected by the mining and was advised by Mr. Marsh that it would be. Mayor Osterholt asked if there would he future mining requests, on the property and was advised that there would not be. Mr. Haugen asked to what extent there would be slope left on the property and was advised by Mr. Marsh that there would still be a 20 foot drop from the highest to the lowest point. Mr. Haugen asked how long the mining operation might last, and was advised by 4LMr. Marsh that it would not exceed five years. A number of near by residents were present and while expressing sympathy with Mr. Marsh's plight and his attempt to retain his property in the face of increasing taxes and the prospect of speciall assessments. nevertheless advised the Council that they felt the Council should proceed very cautiously in considering requests for reining permits in residential areas. The Village Manager presented a staff report dated February 23, 1970, reviewing the proposal and recommending that the request for the permit be denied. The denial recommendation was based on a finding that no material had been submitted by the applicant suggesting that it would be impossible to deveiope the property for residential use without mining, and a recommendation that no mining permits be issued until such time as the Council had adopted a mining policy statement. The Manager reported that on the basis of new material submitted at the hearing by Mr. Marsh that it might be possible to work out some arrangement where by portions of the property could be mined while still retaining many of the properties amenities for future residential use. Mr. Nesbitt moved that the hearing be continued until March 10, 1970 Mr. Redpath seconded. All voted aye. Motion carried. II . PETITIONS, REQUESTS AND COMMUNICATIONS A. Rennepin Coun eague of Municipalsties. Mr. Lieb moved that the Council approve the adoption or Resolution NO. 3 recognizing the need for snowmobile regulations within Hennepin County and designating the VIllage's recreation director as the Village's representative on a committee of the Hennepin County League of Municipalities organized for the purpose of considering tkie feasability of uniform regulations. Mr. Haugen seconded. On roll call , all voted aye. Motion carried. Council Minutes Feb. 23, 1970 Page 2 B. _G_e_or�e M. Hansen Co. The report of the Auditors examination of the financieT3tatements or-the Village of Eden Prairie for the year ending Uecember 31 , 1969 was received. The Manager recommended that the Council meet with the auditors to discuss the report. The Council concurred in the suggestion and requested that such a meeting be arranged . C. Hennepin CountZ Office of Civil Defense and Diaster Planning. The Courrol was advisea of a February- Zb, 197u meeting at t o Golden valley Public Safety Building for the purpose of considering measurers being taken for civil defense and diaster planning within the County. III . A°POINTMENTS A. n ustrial Commission. Action on these appointments was continued until the meeting of Ma1970.rc:9 B. Human Rights Commission. Action on these appointments was continued until the meeting of MarcTI , 1970 IV. RECOMMENDATIONS AND REPORTS A. Contract for erera n ineerino Services. The Village Manager presen -and recommened that the approval of the agreement between the Village and Lindsey-Brauer Engineering, whereby Lindsey-Brauer Engineering would serve as a general engineering consultant of the Village. The ;tanager noted that the Village occasionally required the services of a registered professional engineer particularly for processing of municipal state aid reports. Mr. Lieb moved that the Manager and Mayor be authorized to enter into the recommended agreement on behalf of the Village of Eden Prairie. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. B. Nlininq Policy and Parkin. Amendment to Zoning Ordinance. The Council esta is s r::ee ing of Marchas the clate for considering the previously recommended mining policies and amendments to the Zoning Ordinance, for the regulation, of parking and off street loading. y C. Sale of Crawler-Loader. The Manager requested authority to prepare specs and to receive i s for the sale of the Village`s 1967 crawler-loader. He noted that the loader would be replaced by the rubber tired loader for which bids were being received on that same date. The Manager also requested that the date for receiving bids for insurance be set for March 23, 1970 and the dates for receiving bids on the new loader be set for March 9, 1970. Mr. Nesbitt moved that the Village MAnager be authorized to receive bids for the sale of the crawler-loader and for the purchase of insurance and a new rubber tired loader. Mr. Redpath seconded. All voted aye. Motion carried. V. FINANCES A. Es' l ishment of Investment Fund. Resolution No. 329. Mr. Haugen moved the a op ion of Resolution No. 3Z9 establisRing the investment fund. Mr. Nesbitt seconded. All voted aye. Motion carried. B. Termination of 1963 Street Improvement Fund and Transfer of Sur lus to Construction Fund. The age Manager recommended that the 1993 !itreet Improve- Ment Fund a terminated and that its balance of $11 ,984.00 be transferred to the Public Improvement Construction Fund. He noted that the Council had a number of options available to it in its use of the fun surplus, including retruning the money to the owners of the property assessed for the improvement. Council Minutes Feb. 23, 1970 Page 3 He said that the 1963 Street Improvement Project included the im- provement of a number of streets in many different locations in the Village. Mr. Haugen said he felt the surplus money should be returned to the owners of the assessed property. The Manager said that such a plan would be possible but that it was not likely that the varity of properties involved in the 1963 Street Improvement would again be involved in a single improvement project. The Manager noted that if the money were to be placed in the Public Improvement Construction Fund it would benefit properties associated with future improvements. Mr. Nesbitt moved the adoption of Resolution No. 330 terminating the 1963 Street Improvement Fund and transferring its balance to the Public Improvement Construction Fund. Mr. Redpath seconded. On roll call , Messers Redpath, Nesbitt, Lieb, and Osterholt voted aye. Mr. Haugen Abstained. Motion carried. Meeting adjourned at 9:20 na M. Ro1mgren, clerk(,/ I A