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City Council - 07/28/1970 - Village Meeting f 1INUTES EDEN PRAIRIE VILLAGE COWS CIL Tues,dav, Jul ,! 1^7C 7:3C t .f , Village '..all iici;ibers present were flavor Osterliolt, Councilmen Naugen, Nesbitt, Redpathh and Li eb. Also present were Village ;tanager, George C. fii to and Village ;'%ttorney Harlan Perbix. I . PRESENTATIONS A. !`Vets or Peace. Gonation for Flan Purchase. f r. Rav Carly, Executive Secretary for Vets for Peace , presented a check; In tle amount of a 6.00 to Mayor Osterholt for the purpose of purchasing an American Flag to use at the Village (fall . flavor Osterholt thanked Mr. Early and his organi a`.ic.t fcr their donation. T I . 71IfiUTES OF JULY 14 1970 ie Ili notes of July y - , 1970 were approved without correction. II1. PETITIONS REQUESTS AND COM,11UNICATIONS A. he reserve and " CdenvalF-1T PUD Concept Hearing. Mr. Redpath moved that the Council schedule a public hearing on the Preserve's Planned Unit ueveloprIL:i t Concept proposal for August 17th at 7:30 P.M. . in the Village Nall . 11r. Nesbitt seconded. All voted aye. Motion carried. f1r. Naugen i-ioved that the Council conduct a public hearing on Eden Land Corporati ons's Planned Unit Development Concept on August 24th at 7:30 P J1. at the Eden Prairie High School . fir. Lieb seconded. All voted aye. Motion carried. C. Stanton :'Associates Inc. Metro alitan Area Salary Survey-. The Manager presented each member of the Council with a copy of a survey of 1970 salaries for governmental employees in the Twin City Area. He asked the Council to study the report prior to the time they consider the 1971 budget. C. County Commissioner Robb. Notice of County Board of Equalization Meeting. flayor Oster o t announced that he intended to attend this meeting and as. e a :.ther Council members attend if they could. f"r. Redpath moved the adoption of Resolution No. 359 expressing the Counci l ' s concern about possible variations in property revaluation policies in various Hennepin County Communities as well us tc request that the Hennepin County Board exericse restraint in establishing its 1971 tax Levey in consideration of the high percentage of assessed valje increase due to revaluation. Mr. Nesbitt seconded. All voted aye. Motion carried. D. League of flinnesota Munich alities. Request for SupRort of Tax Exempt ProheerrtyFArren ment. Action on this r,ha ter was deferred until e meeting o ugus-t 11th. E . HeCb 11 5 Njaing. of Transistor Electronics. By letter (tated , u y ), 1177C T.r. , Oason advised the Council thatthey were having some e �, _ di , , icul 'Lv disoasin- (if t.;,•e rerlairlinn nateria , from their minino operation. I;t' exnressed optieAsn that thev WOUld be able to :iisnosc of the entire bill u-/ tiii s fa 1 or ncx , intc,r. T��r r�u, i1 asl:ca. _,iat "��naq r rite r. �:lil:lllf ,i'"• Tor ilis status report and expre'ssinq t�-iu Courcil 's �!esire as Cuickl - as -ossil,lr. E. E(lio'n PrE?.irie la-!cces ' E:xr ression of f rinositiori to TkPcndment to State Sal�_s ax atr. /; cat Zr ro;-, t i,e 15 en prairie „ajycra� s a :visrc� the o{sr�ct t','ic. L c,,,yc 's are op:-os=:d to any proposu: : revision of the 'tate Sales ..;4 1(_'rF�r 'lam �,^ri l t)t�s )f :1u ",IX US ".IO 11 U �( rC tUrnc-d :Bras!; to tic corimuni k.Y i t i s cc;l a, te.:. T r= a r;a aer seas �zsl:c�" tc� :wi to t!-.f J :cecs ire ..ic : for 1,14eir Ie*I-ter aii,! adVisi,1r1 ther, that the Council toould (live t:I it Pcasi clan seri� us cor;siceration if s.lci legislation is 1)roposccl. Ecl:lund and S,�e nd. 1!I!A ication 'For Lot division. ;;ilicrest Court 2n l ti on. ;:t7so uti on No. 35 . The proposal to move a lot line seven feet was presented, i)v tine V age tianaaer, who noted that the Planning Corimission i lad conducted a pudic hearing on the proposal and had recommended to the Council that it 11-ic approved subject to the relocation of the utility easement centered on the present location of the lot line. INr. Nesbitt noved the adoption of 1'esolution i;o. 357. approving the division of Lot 2, P;lock, 3, HsillcreSt Courts 2nc t,dui tior� as proposed by i,r. Swedl und. iir. Redpath secondcei. .l l voted aye. t oti on carried. !i. Gar-Son 'Building Corp. Notice of August 3 1970, 7:30 P.H. Nei hborhood '-let in r ,s terian Church. ie age ,anager advised the ounce tatq Uor Son Cui ing Corporation wriuld be presenting their Planned Unit Development concept proposals for tine property located at the south end of Bryant Lake adjacent to Valley View Road at a neighborhood meeting to be held at 7: 30 P.N. on August 3rd at the Eden Prairie Presbyterian Church. RECOMMENUATIONS AND REPORTS A. E en Land Corporation, i-Nning Permit Application. Mr. Don Peterson of the Eden Land Corporation, present= t!,eir request or a 1970 mining permit for the purpose of removing material from property they owned on the north side of TFi 5, and immediately east of Purgatory Creek. The Village Manager reviewed the history of mining on this property which had been previously conducted under a permit issued to Roy E. Olson. Fie recommended that a 1970 permit be issued subject to a maximum removal of 170,000 cubic yards. tie further recormrended that the application be required to weigh or otherwise measure the material as it is removed from the pit and that these records be made available to the Village Inspector. Fie suggested that no futher permits be issued after December 31 , 1970 until such time as an overall grading plan relating to the proposed Edenvale Development had been prepared and approved by the Village. tie further suggested that material removed from the hill not be placed in the flood plain of Purgatory Creek until such time as appropriate � permits have been obtained from either the Purgatory Creek Watershed District Conservation Department. r"layor Osturholt suggested further limatations be applied to the permit limiting the scope and depth of the mining to that allowed under the original Olson permit. Mr. Peterson noted that the mining they proposed was considerably less then that originally proposed by f1r. Olsen,. t'r. Redpath moved that a 1970 mining permit be issued to the Eden Land Corp. subject to a riaxiru:; removal of 170,009 cubic yards; that the riininn not execs that originally proposed on the Olson permit; that the material be Council ':ii nutes ,July 1970 Page 3 { wei piled or rieasured and records inade available to the Village; and, that no additional permits be issued until such time as an overall grading plan related to the proposed Edenvale project had been approved. Mr. Haugen seconded. All voted aye. Motion carded. The t1anager was asked to advise those mining that they would need to obtain ,Y necessary permits from the Watershed District or the Conservation Department 3 before they place material in the flood plain of Purgatory Creek. 0. Special Assess►ient Hearinc, Date `?esolution No. 358. tr. Haugen moved the adoption o Resolution �o. 1 establishing : On September Cth t- as the tine for special assessment hearings on the Washington Avenue Utility Lf and street improvements and the Ccrral Lane and High View Drive Tcrporary LLJ Street Improvements. Nr. Nesbitt seconder;. All voted aye. tlotion carried. FINANCES A. Audit of Clai-ms 7540 through 7633. Nr. Nesbitt moved that claims 7540 through a au ized for payment. Clain No 7672 was voided. Ftr. Redpath seconded. On roll call , all voted aye. Motion carried. 0 Re B. 1970 Budget. First Six Months ort. The Manager presented a statement o actual revenue an expenditures compared with annual budget estimates for the first six months of 1970. The report disclosed that General Fund reveoues of $148,G02 represented 32.4 0 of those anticipated for calendar year 1970. The General Fund expenditures and encumbrances of :P-1 31 ,270 represented 41 .71 of 1970 budget estimates. Mr. Haugen suggested that the arrangement of the tabulation be adjusted so that the percentage column is better related to the revenue and expenditure plus encumbrance figures. The Hanager corTnented that he felt that the compari si ons indicated that the General Fund accounts were in good shape. The Council concurred. Meeting adjourned 8:20 P.M. 09 fi Edna M. Ho mgr er ,V tl; �r W GL. d3 n� MINUTES y EDEN PRAIRIE VILLAGE COUNCIL a Wednesday, July 29th 1970 7:00 P.M. , High School Members present were Mayor Osterholt, Councilmen Haugen, Lieb and Nesbitt. Also present was Village Manager, George C. Hite. I. PUBLIC HEARINGS A. Eden School Addition. Lateral Sewer and Water. Street Surfacing. The Village anager presented and explaihed the proposed improvement project. He indicated that the estimates have been revised since the first hearing on June 23rd by subtracting from the earlier figures the amounts that had been included in the cost estimate to cover a number of contingency items. He presented a report dated July 27th which identified the contingency items which had been removed from the estimate and the new cost estimates. He said that the contingencies which had been removed were things that could possibly happen on a project but the probability of thier happening was remote. He presented the total assessable cost of the proposed lateral sanitary sewer at $59,951 . Estimated costs for each of the estimated 46 REC's was $1 ,303. Total estimated assessable cost for watermain was given as $68,092 with an estimated cost per REC of $1 .188. Street Surfacing was estimated to cost $43,978 or $862 per REC. He noted that the sanitary sewer estimate was based on the premise that street surfacing would be authorized. He in- dicated that if the sewer work were to proceed then approximately $165 would have to be added to the sewer estimate to cover necessary street restoration. x He indicated that the proposed $862 per REC for street surfacing was based on 5 REC's being assignee to the industrical and commercial properties along the ease by School Road. Approximately $13,453 of the watermain cost was assigned to the Eden Pkairie School District.for service to the High School and Central Elementry Buildings. Some of the residents of the area said that they felt that the project was premature and there was no evidence of pollution within their neighborhood. A petition signed by 31 of the property owners voice their oppostion to the project. Another petition signed by 5 property owners indicated their support for the project. Mr. Lieb said that he felt that the project was premature and that there had been no evidence of pollution presented. He moved that the project be aband- oned. Mr. Nesbitt seconded. Mr. Haugen said he felt the need was apparent. Mr. Lieb, Nesbitt, Redpath, and Osterholt voted aye, Haugen voted No. Motion carried. B. Birch Island Area. Lateral Sewer and Water. Street Surfacing. The Manager presented revised cost estimates w6ich tookinto account eliminati5g certain contingency items from the estimates. A report dated July 27th was presented identifying the contingency items which had been removed from the cost estimate and setting forth the revised cost estimates. The total estimated assessable cost of the lateral sewer was given at $420,221 or $1 ,811 per REC. Estimated assessable cost of the lateral watermain was $241 ,358 or $1 ,183 per REC. The street surfacing estimate was $162,317 or $775 per REC. A number of residents from the area expressed stron opposition to the proposed improvement indicating that they felt the project had been poorly engineered, that the cost estimates were much too high and there was absolutely no need for public sanitary sewer or watermain within the area.. Petitions signed by one hundred and two property owners asked that the Council immediately table all consideration of the proposed improvements and to rescind the recent authorization of the sanitary sewer and water trunk facilities. One gentlemen indicated that sewer costs have only increased 10% in the last 20 years and that there is no reason to believe they would increase in the future. Other indicated that they were certain that their neighborhoods could continue for at least another 10 years with the private systems. They said they felt that if people would properly maintain their systems, no problems would result. A few indicated that they felt the problem was severe and much more wide spread than was evident by the expression of those attending the hearing Tow of three individuals advised the Council of problems that they had with their systems which they felt could not be corrected by anything other than K public utilities. Others indicated that although they were having no difficulty they were aware of problems in the area and that they felt it was in the best interest of the whole neighborhood to proceed with the project. Mayor Osterholt said he felt it was apparent that the people would favor the improvement if it could be made available at a lower cost but that he was not convinced that a public health problem existed. Mr. Redpath moved that the Council abandon the project. Mr. Haugen seconded. All voted aye. Motion carried. II. RECOMMENDATIONS AND REPORTS A. Eden House Sit Up U—cense. Mr. Lieb moved that the Council authorize the issusance of a set up license to the Eden House. Mr. Haugen seconded. ' All voted aye. Motion carried. aG " l Edna M. Holmgren, e