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City Council - 07/11/1973 - Village Meeting MI f':UTES EDEN PRAIRIE VILLAGE COUNCIL WEDNESDAY , JULY 11, IS73 7 : 30 P . i1. VILLAGE HULL Council ';embers : mayor Paul Redpath , Councilt;ioman Joan t Ayers , r Councilmen t:!olf Penzel and Roger Boerger. Councilman John ►icCulloch was absent. a Council Staff: Village Manager Robert P . Heinrich t. Village Attorney Harlan Perbix ;1r. Redpath thanked the property ovrners for their cooperation but added that the Council wished to publicly protest the actions of one of the property ovsners who denuded his property of trees . A motion was made by tars . r4eyers seconded by fir. Penzel to public- ly censure iir . Art Hyde for his actions of July 5 , 1973 , on his property, especially knowing the feeling of this Council and the intentions of the MCA PUD. All voted aye. Motion carried. I . PUBLIC HEARING : Construction of the iia 'or Center Area Ring Road , including grading , concrete curb and gutter , sidewa .s , surfacing, lighting , signals , landscaping , turf establishment , bridges , ramps , underpass , storm sewer facilities , miscellaneous sanitary sewer and cwatermain extensions and appurtenant construction . Project STR 72-9-26 . Hr. Heinrich spoke about the background and history of the Task Force formation and the resulting report of June , 1973--a plan for a i'iajor Center P . U. -D. vir. Carl Jullie presented the feasibility report on the ring road prepared by Jr . Janes 0. -iurphy of Howard , Needles , Tammen Zi Ber- gendoff. The proposed alignment of the road was depicted . The recommended assessment policy--Resolution No . 73.":--vias ex- plained by iir. Heinrich who stated that the cost would be spread r over a geographical area which would be served by the road . It was stressed that this hearing was an improvement hearing not an assessment hearing . The assessment hearing would be held in the Fall of 1974 and between now and then assessable areas could change . i,r. terry Ualton, 11401 Leona Road , asked if his property would be assessed as Commercial after January 1 , 1979. He was informed that it N:ould not. t•shen :'r. t-'alton expressed his concern about tiffs land retaining its value during the transition period , ;ir . Heinrich stated that the Village is considering the possibility of establishing under the State Redevelopment Act a district that ( might protect the property owners and their interests . ry Council Iseeting -2- July 11 , 1573 Hr. Robert Tweedy, an attorney representing Lloyd Cherney, in- quired why, when iir. Cherney was told he was not in an assessable �. area on June 26 , 1973 , was he in fact nor in an assessable area . In reply , 11r . Heinrich stated that the assessment hearing would be held in the Fall of 1974 at which time notices Mould be sent out to those to be assessed . The assessment area could very viell change before that tine . Appeals will be considered . Mr . Tweedy asked if an environmental impact study had been con- ducted . f1r. Heinrich answered that a statement had been prepared but not filed as filing is not required by law until 1974. fir . Tweedy requested further explanation of the residential defer- �. ment stating that deferment could be granted forever . fir. Heinrich answered that assessments could be deferred until 1994 at which time the Council would probably take action rezoning the property. Wr . Cherney stated that since it is to Homart ` s benefit to have the road built , why not build the road for the Homart area and l assess them for the cost . Land could be acquired for the remain- der of the road which would be built later. Ar. Bruce Bermel , representing one of the landowners of the 14CA , asked if a timetable was prepared for utilities . Mr . Jullie re- plied that a minimum utility system would be installed at this point--meaning during initial phasing--but as development plans continue , petitions will be submitted for specific utility exten- sions . Ors . Eugene Foss , 8521 Flying Cloud Drive , rias informed that all properties with existing single family residential homes whether homesteaded or not would not be assessed until there was a change in land use . firs . Foss later stated she was in favor of the pro- posed construction. P,ir. Robert Anderson, 11385 Leona Road , expressed concern about getting the value out of his property which abuts the project area . i.ir . Heinrich stated that the Village is investigating methods and will attempt to help property openers with this concern . r;r. Dick Biniek , 11377 Leona Road, asked when he would be forced to vacate , Mr . Heinrich replied that amicable arrangements would be made but that the property would probably be needed by the sucn mer of 1974 . fir . Don Peterson , Eden Land Corporation , commended the staff for a job well done in establishing an assessment policy. He read a letter dated July 11 , 1973 , signed by other MCA PUD property owners as well as himself , otiectir n to the proposed 95% assessment rate . It was urged that other net;iods of raising rioney be investigated to relieve the property owners . In response , ►1r_ Redpath said that Items 2 , 3 , and 4 were included in the resolution to achieve this relief , if possible. Council Meeting -3- July 11 , 1973 Pr. Ualter Carpenter , 13000 !,lest 73th Street , spoke in support of Mr. Peterson ' s statements . He expressed concern that loading on the property is excessively burdensome perhaps resulting in for- feiture . s i.Ir. Dan 'icGraw, representing John Teman , supported the comments made by Messrs . Peterson and Carpenter and further suggested changes in the Resolution specifically : No . 2 , Line 6 : Village Council will lie a greater share. . . . No . 4, Line 1 : The Village will tryto initiate legislation i creating a specia tax istrict . . . , % % To answer Or. Teman ' s question , fir . Juliie said that assessments were greater for this improvement than that of !Mitchell Road be- cause of additional excavation required , amenities , etc . Mr. Teman suggested getting County aid for the northern portion of the ring road . lir. Peterson recommended that the Council change the Resolution as suggested by fir. McGraw but added that a pledge of up to 50% participation would be desired . fir. Bob Hanson, Rosemount Engi- neering , supported this recommendation. 14r. George Carter , The Preserve , commended the staff and gave support to the change in the Resolution . He further stressed the need for the continuance of the Task Force . s iir. Cal Anderson , 7214 Topvieu Road ,stated that he was in favor of the construction but urged the Council to recognize its obligation to the community. After a short recess , a motion was made by Or. Penzel seconded by Ars . Meyers closing the public hearing. All voted aye. Motion carried . A motion was made by i1r. Boerger seconded by fir. Penzel adopting Resolution No . 736 , establishing assessment policies for the i•iajor Center Area Ring Road , Project STR 72-9-26 with the following amendments : Page 1 , No . 2 , Line 5, Sentence 3 shall read : The Village Council will pledge up to 50% participation if tax laws permit a greater share of new commercial and industrial assessed valuation to remain with Eden Prairie. Page 1 , Ho . 4 , should be changed to read : The Village will seek to initiate legislation creating a special tax dis- trict . . . . . . . . Ali voted aye . Notion carried . A motion was made by "Mrs . ?ieyers , seconded by Or . Penzel instruct- ing the 'tillage (;anager to prepare a resolution to be approved at the July 24 Council meeting establishing the continuance of the 14CA Task Force and outlining the duties of the participants . All I voted aye. i-iotion carried . r Council meeting -4- July 11 , 1973 A motion was made by Mrs Heyers seconded by fir . Penzel adopting Resolution f!o . 735 ordering improvement and preparation of plans and specifications for Phase I of Ring Road Project STR 72-9-26. All voted aye. Notion carried . II . REGISTERED LAID SURVEY APPROVAL . A motion was made by fir. Boerger seconded by Hr. Penzel approving a registered land survey of a property located in Edenvale PUD located north of TH 5 and east of Hitchell Road . All voted aye. Motion carried . i A motion was made by f•lr. Penzel seconded by Mr. Boerger to adjourn the meeting at 10 P.H. Suzanne K. Lane , Deputy C erk