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City Council - 10/10/1972 - Village Meeting M(NUTES EDEN PRAER[E VfLLAGE COUNC +L Tuesday, October 10, 1972 7:30 P.M. , Village Hall Members present were: Mayor Paul R . Redpath, Councilmen Nesbitt, Cosmano, McCulloch and Councilwoman Joan Meyers. Also present were Village Manager, Robert P. Heinrich; Village Attorney, W. Harlan Perbix; and Clerk, Edna Holmgren . PUBLIC HEAR tNG Trunk fewer and Trunk Water Assessment Hearing. ,(continued from 9/25 72) The Mayor reopened the Trunk Sewer and Trunk Water Assessment Hearing continues: from September 25th. The Manager presented letters in regard to the trunk assessments from Loren R. Irvine, Lotus View Drive; Eden Land Corp.; and the Metropolitan Airports Commission to be placed on file. He then reviewed the Trunk Assessment Policies and Green Acres reports dated October 10 , 1972 . Wolf Penzel, Barberry Lane, questioned whether a three acre lot could be a residential logy; the Manager replied that it could be. Mr. Loren Irvine stated that he did not approve of the $2 .50 minimum user rate per month, feels that it should be higher. Fie stated that in most areas around 3 Eden Prairie there is a $3 to $3 .50 rate per month. He questioned why the Village was lower than any other suburb. Mr. Frane, Finance Director, stated that the staff felt that the first hook-ups should not pay more than others later on and that the user fee could be raised if necessary at a later date . Paul Choiniere questioned why the trunk assessment was estimated to be $270 in 1970 and now is $520. Mr. Frane replied that a questionnaire was included with the homestead mailing that year asking the residents which method of payment they would prefer. The majority of the residents replied that they wanted higher assessment and lower connection charges. The Manager then reviewed the current System Availability Charges by the Metro Sewer Board. He then presented the current proposed SAC charges, S275 in 1973 , $300 in 1974, and up $25 each year through 1977 at the time of connection. ff connection is made to existing systems in 1973, the ,SAC charge will be at the rate of 1/2. There will be no SAC charge if connection is made before December 31 , 1972 . Wolf Penzel , Barberry Lane, questioned how residents were going to take ° advantage of these rate reductions for early connection when the work was not completed in their area . The Manager advised him that letters would be sent to the residents in the area stating that they could get their permits to connect by December 31, 1972, even though actual connection I would not be until a later date. Council Meeting October 10, 1972 Page Two Lon,an Irvine, Lotus View Drive , then requested if his property could be included in the proposed benefited area because construction of the trunk pipe westerly from Duck Lake Trail to Chanhassen had not been started . He was told that his area could only be served by lateral extension from the trunk proposed for Chanhassen . Ile then asked if the Village could be compelled through legal action to install the pipe to Chanhassen The Vi11a.Te Attorney replied that this action could be accomplished only for public health reasons . Mr. Don Peterson, Eden Land Corp. , questioned if the Golf Course could be included in assessments for trunk sewer and water since it must be kept for open space . He was referred to the Village Assessor to try to resolve this question. Ron Ranzow, representing the King of Glory Church on Duck Lake Trail, appeared to object to being assigned more than 1 assessment on the church property. He was referred to the Village Assessor to try'to resolve this ✓ question. A resident in the Duck Lake area asked when the people in her area would know when hook-up would be available. The Manager indicated that letters would be sent to Duck Lake residents when sewer and water would be available . Frances Drake, north of Riley Lake, asked if his area was being assessed; he was told that it was not in the area presently being assessed. . There being no further questions and/or comments , Mr. McCulloch made a motion to close the hearing. Mr. Cosmano seconded . All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 594 rescinding Resolution No. 568 amending Resolution No. 42S . Mrs . Meyers seconded. All voted aye . Motion carried. A motion was made by Mrs. Meyers to adopt Resolution No. 581 approving Trunk Sewer and Water Assessments with adjustments dated October 10 , 1972 . Mr. McCulloch seconded. All voted aye. Motion carried. I. MINUTES OF �EPTEMBER 25th AND SEPTEMBER 26th, 1972 . A motion was made by Mr. Nesbitt to approve the minutes of September 25th as written. Mrs. Meyers seconded. All voted aye. Motion carried. A motion was made by Mrs Meyers to approve the minutes of September 26t D h with the following corrections: Council Meeting October 10 , 1972 Page Three A. Bru-Mar Construction Co. Valley Knolls Addition. Page Two, Paragraph 3 . There being no further comments or questions, a motion was made by Mrs . Meyers to approve etc . Page Two, Paragraph 3 , Line B, Mr. McCulloch seconded . Page Two , Paragraph 4. A motion was made by Mr. Nesbitt to approve the preliminary plat of Valley Knolls etc. Page Two , Paragraph 4 , Line 3 , Mr. Cosmano seconded. Page Four, E. Request from Crown Auto Stores , Inc. to issue Municipal Industrial Development Bonds. With these corrections, Mr. Cosmano seconded. All voted aye. Motion carried. II. PUBLIC HEARINGS A. Edenvale 5th Addition . Eden Land Corporation. Reclassification from District Rural to District RM 6.5. Ordinance No. 189. First Reading . 4. Preliminary Plat Approval . Resolution No. 591 . Don Peterson reviewed and presented the proposed Edenvale Sth Addition in Outlot W in 'denvale 3rd Addition for RM 6.5 zoning for single family detached homes . The site is a high, heavily mooded knoll overlooking Purgatory Creek. Through the middle of the site is a 12" watermain that will be the location of the street. The sewer interceptor easement borders the site on the west. The easement continues about half way up the cleared slope overlooking Purgatory Creek. The tree line roughly corre- sponds to where the slope increases in pitch. The tree line its about 50-25 feet from the sewer easement. The proposed plan has lots that vary w from 11 , 000 to 22 , 000 square feet. Discussion was held in regard to the narrow public right of way along Purgatory Creek adjacent to Outlots J & W. Dick Putnam, Village Planner, felt that a natural barrier such as a tree line would be the best idea to separate public from private land because a j scenic easement leaves too much open to question. Mr. Peterson stated that he felt that this walkway is only a connection between the North Park and the South Park and to get to a school/park area of 35 acres. He noted that the lots are large - 17, 000 to 21 ,000 square feet - and felt that if the lots would be decreased in size because of extending the walkway to the tree line, the value of the lots would diminish. Mr. Putnam stated that he still felt that the tree line would be the park/private boundary rather than the edge of the sewer easement. t Mr. Cosmano and Mayor Redpath felt that they wanted to inspect the area in question before making any decision. Council Meeting October 10, 1972 Page Four A aaction was made by Mr. Nesbitt to postpone action on the matter until the October 24th meeting . Mr. Cosmano seconded. All voted aye. Motion carried . B. Highpoint Addition R. The Preserve. Reclassification from District Rural to District RM 6.5. Ordinance No . 190. First Reading. Preliminary Plat Approval. Resolution No. 592. Dick Putnam , Village Planner, presented and reviewed the proposed High- point Addition tf in The Preserve . The Addition is proposed to have 15 lots for sale and two small outlots. The two small cul-de-sacs enter Neill Lake Road as does a pedestrian pathway. The outlot of 8, 500 square feet becomes part of The Preserve pathway system and a storm ponding area is proposed that will be a 'mini-lake " for aesthetic as well as drainage reasons . Mrs . Meyers questioned whether the ponding area might not be a hazard for children. Mr. Putnam stated that the area would have gradual slopes and would overflow into Anderson Lakes and lie felt that it would not. There being no fur'-her questions and/or comments , Mr. Cosmano made a motion to close the hearing and approve reclassification of Highpoint Addition U from District Rural to District RM 6 .5 . Mr. Nesbitt seconded. All voted aye . Motion carried . A motion was made by Mr. Cosmano to adopt the first reading of Ordinance No. 190. Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 592 approving the preliminary plat of Highpoint Addition 11. Mr. Cosmano seconded. Motion carried. C . Preserve Center Plat. _Preliminary and Final Plat Approval. Resolution No. 595 Dick. Putnam, Village Planner, reviewed the Center Plat as a further refinement of The Preserve Concept Plan to divide the land efficiently into easily defined parcels before development. The plat does not authorize any development but only defines building sites. Currently Lots 1 and 2 are being considered for development proposals by Jonathan Housing Corporation and Preferred Developers Corporation. Lot 3 will be developed as a community center with commercial, community services and open space . The plat is located north of Neill Lake and south of the East/West Parkway on approximately 33 acres . E The Preserve is requesting waiver of the easement that had been dedicated along the road for utility construction . The utilities were installed within the dedicated East/West Parkway. Council Meeting October 10, 1972 Page Five A motion was made by Mr. Nesbitt to adopt Resolution 595 approving the preliminary and final plat of Center Plat with the release of the utility e easement subject to Village Attorney approval. Mr. Cosmano seconded. All voted aye. Motion carried. l D. Vllilliam Dredge. Simule Family Detached 2 Acre Lots Subdivision. Dick Putnam, Village Planner, reviewed the proposed property subdivision by William Dredge into single family detached z acre lots at the end of L ummit Drive on Red Rock Lake . The Planner and Mr. Dredge agreed to subdivide his land into 6 lots of i acre or more each, with staff coordi- nation of roadway and design of property plat. The Planning Commission concurred with this arrangement. A motion was made by Mr. Nesbitt to approve the William Dredge sub- division as recommended by the Planning Commission . Mrs. Meyers seconded. All voted ale . Motion carried. III. PETIT�QNS, REOUESTS & COMMUNICATIONS -- A. Request of Crown Auto Stores, Inc. Municipal Industrial Development Bonds . Continued from E'eptember 26, 1972. The Manager reviewed his recommendations to the Council dated October 4, 1972 , as follows : 1 . Only new construction or plant expansion amounting to $500, 000 or more would be eligible for financing through M. I. D. B. 's. 2 . Complete set of audits for two previous years must be provided. 3 . A copy of Dun & Bradstreet's most recent Rating Report must be provided . 4 . There must be "minimum coverage" of 2 X the Principal and Interest due earned annually the previous year before taxes. There must also be a demonstrated record of yearly increases in earnings before taxes. 5 . The fair market rental value of the building must be equal to or exceed the total amount of bonds and interest due . An appraisal may be required to verify fair market rental value. 6. Administrative and legal costs to issue the bonds will be paid by the applicant industry. >9 Mayor Redpath questioned whether this was the policy that the Village should adopt. The Manager replied that we had no guidelines and would have to set up our own. Don Peterson, Edenvale, stated that they were in favor 9 of the M. C. D.B. 's in order to attract prime industry. Wolff Penzel , questioned if Crown Auto or any other industry were to become default, would this change the Village bond rating. The Manager replied that they would not be included in the municipal debt, but any default would be a Council Meeting October 10 , 1972 Page ti ix a discredit to the community but would also show a plus in a prospectus if it were a good company. He also stated that the Village should be very selective . Mrs . Meyers commented that she had reservations in that this action might open the proposal up to many industries . °he asked if the Village could refuse. The Manager replied that the Council could do so if it wished. Mr. Cosmano asked what the next step was. The Village Attorney replied that the Council should adopt the guidelines in Resolution No . 596 if it so desired. Mr. Nesbitt made a motion to adopt Resolution No. 596 approving the guidelines for Municipal Industrial Development Bonds. Mr. Cosmano seconded. All voted aye . Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 597 giving preliminary approval to Crown Auto �tores, Inc . project under the Municipal Fndustrial Development Act, referring the proposal to the Department of Economic Development for approval and authorizing preparation of necessary documents. Mr. Cosmano seconded. On roll call, Messrs . Redpath, Cosmano, Nesbitt, and Mrs . Meyers voted aye . Mr. McCulloch abstained. Motion carried. IV. RESOLUTIONS AND ORDINANCES i A. Resolution No. 593 Setting Bond Sale Date. 0 This item was postponed to the October 24th meeting. B. Greenward Townhouses . The Preserve. Ordinance No . 188. Second Reading. A motion was made by Mr. Cosmano adopting the second reading of Ordinance No. 188 and order publication . Mr. Nesbitt seconded. All R voted aye . Motion carried. V. 3EPORTc OF OFFICERS, BOARDS AND COMMISSIONS A. License Application List Dated October 10, 1972 . A motion was made by Mr. Nesbitt to approve the Licenae Application List dated October loth as follows: SEWER LICENSE PLUMBING & SEWER LICENSES Minnesota-Dakota Const. Co. Frank P. *urman Plumbing Gordon Bjornson PLUMBING LICENSES GAS FITTERS LCCENSE Charles Conner & Son Plumbing Horwitz Mechanical, Inc. Jack Conner S. B. Gruenberg Lakeville Plumbing Gary W. Friendshuh �,-'uurcil Meeting October 10, 1972 Page Seven C Mrs . Meyers seconded . All voted aye . Motion carried. B. Villacie Manager's Report I . she Village Manager presented the proposed budget for 1973 with copies available at the ha?l and the press . A work session is met for October 18th with adoption on October 24th . The Manager reviewed a program setting up a Department of Public `-afety in the Village . He noted that his report to the Mayor and Council dated October 2nd called for the creation of a Department of Public Safety for the Village and the appointment of a Public Safety Director. Four additional men and a Public Safety Counselor are proposed. An LEAA grant application to the Governor's Commission on Crime Prevention and Control could be submitted that would permit the Village to expand the Community-.school Liaison Officer Program . A motion was made by Mr. McCulloch to adopt Resolution No. 598 t establishing a Department of Public Safety and authorizing the Village Manager to terminate the services of Hennepin County as of December 31, 1972, and approve the Manager's appointment of Tack k:acking as Public Safety Director as of October 30 , 1972. Mr. Cosmano seconded . On roll call, all voted aye unanimously. Motion carried. i 2 . George M. Hansen Company. Auditor for Fiscal Year 1972 . A motion was made by Mr. Nesbitt to engage the services of the George M. Hansen Co. as auditors for the fiscal year 1972 . Mr. McCulloch seconded . On roll call, all voted aye . Motion carried. y 3 . Brauer & Associates , inc. Engineering Services for Red Rock Public Works Projects. A motion was made by Mr. Cosmano to authorize professional services from Brauer & Associates, [nc, and authorize the Mayor and Manager to sign the agreement. Mrs. Meyers seconded. All voted aye. Motion carried , 4. Brauer ;4 A�socj,�t [nc. Plan g TraorQyp.Ments for Hig1's Mitchell j?eights P110. A motion was made by Mr. Cosmano to authorize professional services from Brauer & Associates, [nc. and authorize the Mayor and Manager to sign the agreement. Mr. Nesbitt seconded. All voted aye. Motion carried. Council Meeting October 10 , 1972 Puce Eight 5 . Temporary Annex Facility to Village Hall. Authorize Construction and Installation and Advertise for Bids . Resolution No . 599 . A motion was made by Mr. Nesbitt to adopt Resolution No. 599 establishing needs and requirements for temporary facilities to Village Hall and advertise for bids on October 24 , 1972, with opening at 10 a.m. Mr. Cosmano seconded. On roll call, all voted aye. Motion carried. V1. F{:NANC ES A. Cash & Investment Report dated October 10 , 1972 , A motion was made by Mr. Nesbitt to accept the Cash & rnvestment Report dated October 10th . Mrs . Meyers seconded. All voted aye. Motion carried . B. Payment of Claims No. 10887 through 11022 . A motion was made by Mr. Nesbitt to authorize payment of Claims No. 10887 through 11022 . Mrs. IWeyers seconded. On roll call, all voted aye. Motion carried. C . Payment of Claims No. 11023 . A motion was made by Mr. Nesbitt to approve payment of Claims No. 11023 for McDonald and Associates in the amount of $105, 648.28. Mr. Cosmano 1 seconded. On roll call, all voted aye. Motion carried. D. Appointment to South Hennepin Human Services Planning Board. Mrs . Meyers suggested that the Village Manager, Robert P. Heinrich, be appointed to the youth Hennepin Human Services Planning Board and i that the Clerk advise them of this appointment. Meeting adjourned at 11:30 p.m. Edna M. Holmgren, Qferk