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City Council - 10/13/1970 - Village Meeting MI14UTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, October 13, 1970 7 :30 P.M. , High School Members present were Mayor Osterholt, Councilmen Haugen, Nesbitt, Redpath f and Lieb. Also present were Village Manager, George C. Hite and Village Attorney, iiarl an Perbi x. I . PRESENTATION! A. Eden Prairie Teen Council . Donation for SupporL of Teen Activit Program. i4r. Ron Allar, president of t e Edtn Prairie Teen Council , presented a check to Mayor Osterholt, He indicated that the Teen Council had raised the money and wished to have the Village use it to support its teen activity program. Mayor Osterholt thanked Mr. Allar on behalf of the entire Council . II . M1i4UTES OF SEPTEM-BER 22 and 29 IWO e ���inutes of September ZZ and 29, 970 were approved without correction. PUBLIC ItAPROVEMENT POLICY 3; Mayor Osterholt asked lr. Nesbitt to preside at the meeting. He then read a prepared statement setting forth his recommendations concerning Council policy relative to the installation of sanitary sewer and water systems within existing subdivisions or those presently under development. The policy statement established the protection of public health and avoidance of pollution of lakes and i-faterways as primary considerations in considering the extension of public utilities into existing neighborhoods. Additional considerations included neighborhood need, which was identified as a situation wherein at least 20% to 30" of the homes were experiencing difficulty with ti►eir septic systems or wells , and neighborhood desire as represented by petitions supporting such improvements signed by at least 2/3 of the residents or property owners with the project area. The statement indicated that in those situation:s where less titan 20-30ti of the property owners were experiencing difficulty with their systems, that an attempt should be made to rernedy the situation on an individual basis rather than to consider a public utility project. The policy statement also set forth the procedure to be followed in deter- mining the extent of need or desire within a possible project area. The policy statement also recognized that most people in the community would be in favor of implementing sewer lateral systems as long as such systems could be developed with a resonable cost. It indicated that it would be the objective of the' Council to provide these services at the lowest possible cost and to develop the: financial information needed to document that the solution proposed would be the most practical and economical . The policy statment also indicated that it would be the policy of the Council to consider the extension of public utilities into newly developing areas with the cost assessed against those developing. The Mayor moved that his policy statement be adopted as Resolution No. 373, a resolution establishing Council policy conerning sewer and water system extensions into existing neighborhoods. Mr. Redpath seconded. Mr. Lieb commented that he was generally in accord with the statement as presented Council i;inutes October 13, 1970 Page 2 and suggested that the policy positions relative to the extension of public utilities into newly developing areas state that the Council would- "require" rather than "consider" such extensions. fir. Haugen suggested that the three separate portions of the statement relative to those newly developing areas be combined. Fitayor Gsterholt indicated he would concur in these changes. Mr. Haugen in- dicated that although he was in agreement with the last paragraph of the state- ment relative to the neea for Council policy in this areas and additional need for continued review of financing alternatives , he did not feel that the paragraph should be included in the policy resolution. Mayor Osterholt concurred in removing that paragraph from the resolution. The Village Manager commented that he felt that establishment of Council policy in this area-was badly needed and that the proposed policy should be administratively workable. He noted that the definations of such terms as "difficulty" and "problem" were not clear, but that actual experience in working with the policy statement should lend some t definition to those terms. 1 Tile policy statement with the changes suggested was uananimously adopted as Resolution No. 373. III . PUBLIC Ii^PROVEMENT HEARINGS A. opvievi Area. Cateral Sariitar Sewer & Watermain. Street Surfacin The Village Manager presented the following estimated assessable cost and estimated rates of assessment for the proposed improvements in the Topview Addition Area. Lateral Sanitary Sewer Estimated total assessable cost $149,278.17 e Estimated number of REC'S 110 Estimated cost per assessable REC $ 1 ,357.07 Lateral Watermain Estimated total assessable cost $ 98,743.26 Estimated number of REC'S 107 Estimated cost per assessable REC 922.84 Street Surfacing Estimated total assessable cost $ 94,977.93 Estimated number of REVS 108 Estimated cost per assessable REC $ 879.43 The Manager noted the existance of a petition dated June 8, signed by the owners of 60 of the 104 properties affected by the proposal , requesting that their area be included in the 1970 lateral sewer and water program. r { Approximately 8-10 persons present at the hearing indicated that they were opposed to the project. A number of these had signed the petition and as�ed that their r names be withdrawn One or two persons spoke in support of the project. Mr. Lieu moved that the project be abandoned. fir. Haugen seconded. All voted aye. Motion carried. P . The Cove Area. Lateral Sanitary Sewer. The Manager presented the total estimated assessable cost of the project as $10,789.20. He indicated that the project consisted of public connections to the existing Petro Interceptor on or adjacent to the northerly six lots in The Cove Addition plat. He presented the estimated cost per assessable REC at $1,798. Mr. R.W. Thomas indicated that he was the oviner of one not the lots and was in favor of the project. He also re- ported that he had contacted the other affected owners and to the best of his � knor:ledge they were all in support of the project. Mr. Thomas asked if it would be Possible to add lots immediately to the north and south of lots 1-6 to the Council t i nutes Uctober 13, 1970 Page 3 project. The :Manager indicated that the Council could authorize these additions without a public nearing on the oasis of petitions from those property owners. t,r. kedpath move the adoption of Resolution No. 374 authorizing Improvement Number SAIA-70-19. t'r. haugen seconded. On roll call , all voted aye. f"otion carried. C. Lden School Area. Lateral Sanitary Sewer & Watermain. Street Surfacing. The Manager presen eu the estimated cost of these improvmen s as follows : Lateral Sanitary Serer Total estimated assessable cost 5 59,951 . Estimated number of REC'S - 46 Estimated cost per REC $ 1 ,303 Lateral Watermain Total estimated assessable cost $ 68,092 Estimated number of REC'S - 46 (plus school property) : Estimated cost per REC 5 1 ,188 Estimated cost for school property 1 ,453 Street Surfacing Total estimated assessable cost S 43,978 Estimated number of REC'S - 52 Estimated cost per REC $ 846. The Manager reported that the proposals were the same as those previously con- sidered except that in the instance of the street surfacing the industrial properties along the east side of School Road have been included in the benefit district. He reported that petitions received by the Village on August 12, 1970, indicated that 22 property owners supported the project and 8 were opposed. to it. E Mrs. Lawrence Lindner presented a petition signed by persons representing 26 of z the proposed utility REC'S indicateing that they felt "the estimated price of the project was still to high and that t' vre was no guarantee that the price would not change." The petition indicated that they "would like the price to be lowered quite a bit, so that the average working person could afford the improvements." Mrs. Lindner indicated that 4 of the persons who had originally signed the petition in support of the project had changed their mind and their names were now on the petition opposing it. Following the presentation of the petition a debate insued among the residents of the Eden School area regarding the need for the improve- ment. Some advised the Council that there was ample evidence of sewage on the ground surface and that many of the septic tanks were havint to be pumped frequently in order to be useable. Others contended that these instances were a isolated and could be corrected by more frequent septic tank cleaning and pumping or drainfield replacement. Mr. Redpath moved that the hearing be continued until loth and that during the intervening period the Village Manager should inspect the situation and make a report to the Council as to the extent and of the difficulties persons were experiencing with their private septeic systems and the evidence , if any, of general public health hazards. Mr. Haugen seconded. All voted aye. Motion carried. U. Paradise Valley Area, Lateral Sanitav�x Sewer & Watermain. Street Surfacing. The Village tanager presented the estimated project cost as follows: Lateral Sanitary Sewer Estimated total assessable cost $ 78,455 Estimated number of REC'S - 52 Estimated cost per REC $ 1 ,509 Lateral Waternain Estimated total assessable cost $ 49,375 Estimated number of REC'S - 52 Estimated cost per REC $ 950. Council kinutes ��ctober 13, 1971'., Page 4 ( Street Surfacinc; Estimated total assessable cost 5 34,963 Estimated number of REC'S - 52 Estimated cost per REC S 672 T�,e i"anaqur reported that 29 of the existing lots were developed any: that 23 ,.sere vacant. 1'•, petition signed by 15 property owners was presented requesting that the Council "refain frori approving the installation of the proposed improvements and that any action relative to the installation of these improvements be deferred until a more favorable method of financing the projects can be developed." P. second petition signed by the owners of 33 of the affected properties was presented which requested that the Council authorize the proposed sanitary sewer watermain and street surfacing. The petition included the name of the owner of 13 of the undeveloped lots in the area. Following a debate regarding the extent of health hazard and difficulties being experiencedi by area residents, Mr. Redpath moved that the hearing be continued until November 10, and that during the intervening period the Village Manager be directed to investigate the amount of difficulty being experienced by residents in the area and the extent, if any, of the health hazard. Mr. Nesbitt seconded. All voted aye. Motion carried. IV. APPOINTMENTS A. Plann Commission. Mayor Osterholt recommended the appointment of Mr. Steve Geiger�—and Mr. Dwig t richa as the youth appointments to the Planning Commission. Mr. Haugen moved and Mr. Redpath seconded that the appointment be approved. Mr. Lieb moved that Mr. Herb Fosnocht be appointed to fill the unexpired term of Mr. Odmor Skjelbostad. Per. Nesbitt seconded. All voted aye. Motion carried. B. Park & Recreation Commission. The Mayor asked the Council to confirm the appointment of Pr. Ron Allar an iss Joy Westermannn as the you appointments on the Park and Recreation Commison. Mr. Lieb nominated Fir. Richard Lindquist tc fill the unexpired term of Mr. Dan Boos. Fir. Redpath moved that the persons nominated be approved. Mr. Nesbitt seconded. All voted aye. Flotion carried 1 C. Industrial Cogl4 ssion. The Mayor recommended the appointment of Mr. Mark Miller as one of the you dippointments to the Commission. Mr. Lieb recommended that Mir. Floyd Bernstsen be appointed to fill tree unexpired term of Mr. Sorenson. ;lr. Nesbitt seconded the recommendations. All voted aye. 'lotion carried. D. Human Rights Commission. Mayor Osterholt requested the the Council confirm the appointments of Miss Sue Donato and Mr. Richard Carmody as youth appoitments to the Commission. All voted aye. Motion carried. V. PETIT IONS,REQUESTS AND COMMUNICATIONS A.. Hennepin Count 3€-oard. 1971 neral Hospital Budget. The Council reviewed a September 24, 1970 letter from Mr. Jack Provo, airman of the Hennepin County Board, regarding tine 1971 Hennepin County General Hospital Budget. The Village tanager reported that Eden Prairie property owners would pay $32,838 in support of Gmeral Hospital operations in 1971 . He indicated that in 1970 the figure would be "21 ,531 . It was the general consensus that ;;he Mayor should contact tree Count%, Eoard to convey to there the Counci 1 's concern about these property tax increases . �OUnc nu Ces 13 Page . ke+ re;sentative John Keefe. Bond Interest Mate Ceiling ti State uackina. By letter datecl September 3, 1970, . Representative John Keefe requested the Vi age to advise hire as to its attitude regarding proposals to removing the municipal bond interest rates ceiling and nave the full faith and credit of The State of Ninn esota pledged in support of municipal bonds. The Village Hanager reported that even under extremely tight money condidtions only a few municipalities or school districts had experienced difficulty in selling bonds within the exiting 7% LY limitation. He indicated however, that many had to sell shorter term bonds { than they would have liked. He also noted that the pledging of State support t,enind municipal bonds would have meaning only if the State created a significant trust fund to back up the pledge. The Council observed that one of the W difficulties in i:iarketing t•tinnesota Municipal bonds was the method of evaluating U0 ,properties for tax purposes. The t°layor noted that the assessed value of property, < which was used to back u p the bond, represented generally less than 10% of the total market value and that bond buyers in other States often had difficulty under standing this relationship. The Council asked that the matter be con- tinued until another meeting. ::D C. Dayton Wi htman. Request for On Sale Beer and Set UR License. Gopher Aviation. The Manager recommended that the request of r. Dayton Wightman be approved subject Q to the Sheriff's deputy reviewing and approving the set up license application. O Mr. Redpath moved that the requested on sale beer and set up license be approved subject to the Sheriff's approval of the set up application. Mr. Lieb seconded. r All voted aye. Motion carried. D. Suburban Public Health Nursing Service. 1971 Participation Resolution. The Manager noted that on the basis of the projected nursing service u get t e Village's cost in 1971 would be approximately $2340. 1970 costs were $1710. Following a short discussion relative to the use of the service by Eden Prairie residents , Mr. Nesbitt moved the adoption of Resolution No. 375 a resolution relating to the Eden Prairie participation of Suburban Hennepin County Nursing service. Mr. Lieb seconded. On roll call , all voted aye. Motion carried. E. McDonald- Moorehouse. Request for Review of W e View Motel Pro ert Zoning. By letter dated June 10, 1970 Mr. Bob MIcUonaI0and Mr. Bob Moorehouse had called to the Council 's attention what they believed to be an error in reclassification of the Wye View Motel property in October 1969. Mr. Perbix advised the Council that on the basis of his review of the matter he believed the Council had followed the necessary procedures in accomplishing the reclassification and the only method by which the property would be reclassified would be following procedures prescribed in the ordinance for rezoing. He noted that such rezoning could be initiated by Council , Planning Commission or the land owner. He suggested that in this instance the initiative should be left with the property x owner unless the Council felt the property should be rezoned. r!" The Village Manager noted that Mr. McDonald's letter indicated that neither they nor the person's from whom they purchased the property had received notice of the reclassification hearing. He advised that a check of the records indicated s that the notice had been sent to Mr. John B. Ryan, 3049 Cedar Avenue South. Mr. LU McDonald indicated that Mr. Ryan was the person from whom they had purchased the property, but that Mr. Ryan had never advised them of receiving the notice. 0 Council Minutes October 13, 1970 Page 6 Following a discussion relative to the merit of the Council 's 1969 action, Mr. Redpath moved that teh Council take no action in response to Mr. McDonald's request. Mr. Haugen seconded. All voted aye. Motion carried. RECOMMENDATIONS AND REPORTS A. Public eea_rinng_ Dates 1.Kin 6T G- o� r Lutheran Church Rezoning. The hearing on this matter was scheduled for October 27 1970. 2. Edenvale Industrial Park. Rezoning & Plat Approval . The hearing on this matter was scheduled ?or to er . 3. Planned Studx District Redesi nation. The hearing on this matter was scheduled for cto er 27, 1970. 4. Billboard Regulation Ordinance. Hearing on this matter was scheduled for November t B. Homeward Hills Addition Preliminar Plat. The Village Manager recommended that tfie` prel iminary pl at_`57 Homewards ddtion be approved. He noted that the approval of the preliminary plat consitituted approval only of the general layout of the plat and did not in itself authorize the developer to proceed with either plat development, property sales or building permits. Mr. Lieb moved the approval of the Homeward Hills Addition preliminary plat. Mr. Haugen seconded. All voted aye. Motion carried. C. Hillcrest Court Third Addition Preliminary Plat. Mayor Osterholt asked that th smatter be con nued until the meeting o tober 27th. iD KoDeskX Pro pert . Anderson Lake. Option Contract. The Manager reported that the Village's option contract or the Kopesky property on Anderson Lake would expire on October 14th. He recommended that a new option be secured extending to January 150 1971 . Purchase price would be the same ($80,000.04) and the cost of the option would be $1 ,000 which would be applied against the y purchase price. He father recommended that if the Village exercises the option in January that it agree to pay the payable 1971 taxes which he estimated to be approximately $1700. He said he was recommending a new option in that the Village had not yet received final clearance from LAWCON. The actual purchase of the property prior to such clearance would eliminate the opportunity for LAWCON reimbursement. Mr. Lieb moved that the Mayor and Manager be authorized to enter into the recommended option contract. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. q VII . FINANCES A. Audit of Claims 7878 Through 8008. Mr. Haugen moved that claims 7878 througH 8008 be authori for payment. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. B. Cash & Investment Reports Dated September 30 1970 and October 13 1970. The Manager review these reports with the council . C. 1970 Budget. First Nine Months Report. The Manager presented these reports noting that Generalun revenues of $Z37,ZbZ.Uu represented 52% of those budgeted for 1970 and that General Fund expenditures and encumbrances of $289,965.00 re- q presented 63.2% of those budgeted for 1970. i a Council Minutes October 13, 1970 Page 7 D. 1968 Teme2rary Bond Refinancing. The Manager recommended that the Council authorized a loan from tRe age's General Fund surplus to the 1968 Temporary Improvement Bond in the amount of $55,000.00, for six months aV.:an interest rate of 7%. He indicated that there were funds available in the General Fund surplus which could be used for this purpose. Mr. Haugen moved that the Council authorize the recommended temporary financing. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. Meeting adjourned„ 10:15 P.M. w ((w 7� r Mna M. HoTmgre n,Cleft V M 'W V 1 (/ LLI 1 'y-{ K/ P a i r I i { E V V