City Council - 10/03/1973 - Other • MINUTES
1973 SPECIAL ASSESSMENT HEARING
Eden Prairie Village Hall October 3 , 1973-7 :30 P . H.
Council Hem bers : Mayor Paul Redpath, Joan Meyers , John McCulloch ,
Wolfgang Penzel , Roger Boerger .
Council Staff: Village Manager Robert Heinrich
Village Engineer Carl Jullie
Hr. Heinrich welcomed those attending to the annual special assess-
ment hearing which follows the individual public utility hearings
held throughout the year. He stated that the official notice of
the hearing had been published and notices mailed to each affected
property owner.
Explaining action needed to be taken by the residents if the reso-
lution approving the 1973 special assessments were adopted , Mr.
Heinrich said that the County would be dotified who in turn would
notify the banks . Property owners could pay the total assessment
on or before November 14 without paying interest. Otherwise the
payment is spread over twenty years with a 6 . 6% interest rate . Pre-
payments can be made at the Village Hall .
Because the Council members were familiar with each assessment
project , Fir. Carl Jullie outlined only those projects in which the
members of the audience were interested . The attachment identifies
each project and its related cost.
I . STN 72-4-1 - Kirk fleadows and Westgate Area
Mr. Gordon Carlson , 7352 Franklin Circl -- , asked why residents in
the Franklin Circle/Valley Vier Road area should be assessed when
in fact the area water flowed east rather than west into the pro-
posed basin .
1•1r. Ronald Conley , 7305 Franklin Circle , expressed the view that it
seemed inappropriate to assess when the water floored to the east .
for. Jullie replied that an extensive survey and study was made of
the area and that pickups to carry the water would be installed
when the road is upgraded and grading might be necessary to enable
the proper flow.
2. STR 72-3-05 - Baker-Mitchell Road and Valley View Road
f--ir. James Gillespie , representing Eden Land Corporation , stated
that the needs of the area were determined to be a 36 foot 9 ton
road south of the creek; a 35 foot 7 ton road north of the creek ;
and a 32 foot 7 ton on Valley View. $80, 000+ was spent to that end .
Further he said that the road capacity requirements were greater
than needed by Edenvaie; credit should be given for the work
already put into the road ; objection was given to putting a $25/
running foot charge on the road facing the golf course .
m
s'
1973 Special Assessment Hearing -2- October 3 , 1973
2 . STR 72-3-05 ( Continued)
1-ir. Redpath commented that on the evening the project was ordered
in no objections were made . It was also pointed out that the golf
course was part of the development and credit was received when the
PUD was approved .
(•ir . Lawrence Felsenberg, Oak Manor, echoed fair . Gillespie ' s remarks
adding that the road is premature since people affected to the
north have not been approached if the road should continue through.
Mr. Henrich mentioned that the continuation of titchelI /Baker Road
is perhaps two years off.
B
1
11r. Felsenberg strongly objected to the amount of the assessment.
1.1r. Penzel pointed out that the developers are not assuming the
total cost ; the Village is picking up about 40%,
3. SAN 72-1-02 and 14TR 72-2-02 - Lincolnwood Addition .
4 . SAN 72-1-08 and HTR 72-2-08 - Nestgate �Jest Area .
Mrs . Linda Rys ki , 16170 Westgate Drive, was informed of how the
lending institution would receive notice for raising their escrow.
5.SAP 72-1-11 and 11TR 72-2-11 - Westgate East Area .
r
f 6.SAN 72-1-28 and W TR 72-2-28 - Fuller Road Area .
7 . SAN 72-1-12 - Nine Mile .lA Collector .
8 . SAN 72-1-13 - Mitchell Heights PUD Area Collector .
In answer to Or . Doug Johnson ' s question of New Town Development ,
Nr Jullie stated that if you are not in agreement with the assess-
ment, you should pay prior to or on November 14 to avoid inIterest
and then appeal the assessment .
Mr. Johnson felt that the properties benefitting from the Collector
far exceeded the three being assessed . Mr. Jullie explained that
temporary uses may be necessary ( by Zachman , for instance) until
future trunk is installed . Pointed out was the fact that Hipps ,
Shelter and New Town all petitioned about the same time for utili -
ties for the area .
In regard -to the flood plain included in New Town ' s parcel , Fir.
.Johnson felt that the Village should not accelerate collection of
assessments . The Village method of assessing in this type of
situaticn was explained by Mr. Jullie . In the event there were 100
acres in the parcel with 20 acres of flood plain , the total assess-
ment for a particular site is determined by multiplying the 100
acres by the $1300 per acre rate ; dividing by the 30 buildable
acres ; and applying that amount to the site per acre.
I
1973 Special Assessment Hearing -3- October 3 , 1973
8 . SAN 72-1-13 ( Continued )
Mr. Johnson stated that he lost 10-15 units because of the sever
placement and wished to be assured that his density would not be
changed . Further , that the flood plain area was used as a trade
off for density.
Mr. Richard Hipps felt other property owners should be assessed
and particularly for the extension of the trunk . If the trunk is
extended , said Mr. Jutlie , the area will be reassessed and a por-
tion of the cost will be borne by tose benefitting .
i
Mr. George Farnsworth of Brauer & Associates stated that the facili-
ty was not extended beyond Hipps ' property because the per acre
cost went up appreciably and people would have been landlocked .
9. NIS 72-9-17 - Chestnut Drive; Mitchell Road to E/H Parkway
Mr. Johnson , New Towr Development, asked if he might be assessed
again for storm sewer even though it was included in this project.
He felt he should either not be assessed or be given credit if an
area assessment were levied sometime in the future.
Mr. Heinrich reported that there was no Village policy on storm
sewer assessment although the staff is working on such a policy .
10. MIS 72-9-19 0 Hipp ' s Mitchell Heights Plan B Improvements .
11 . STR 72-3-20 - Mitchell Road ; Scenic Heights Road to south line of
Section 15.
12.SAN 71-7-01 - Lateral benfits on Vestgate Boulevard .
13 .SAN 71-7-02 - Lateral benefits for Edenvale Industrial Park and
Char-Lynn.
Mr. Gillespie , Eden Land , asked %qhy figures were 40% high than
those indicated at the previous hearing. The Jul l ie explained that
the time factor had played an important role in the change .
14 .SAN ' 71-1-26 Lateral benefits for Louver, Ochs & McFarlane .
15 .WTR 71-8-06 - Lateral benefits for Edenvale Industrial Park , Ochs ,
Louver, McFarlane & Mr-Lynn properties .
16. SAN 73-7- 19 & WTR 71-8-29 Sanitar Sewer and !later Trunk Assess-
ments for tracts A , B , & C PLS No .. . .
17 . SAN 71-7-03 - Lateral benefits for RLS No . 1054 , Tract L .
18.UTR 71-8-09 - Lateral benefits for Parcels 500, 1100 , 4.000, Section
22 and
1973 Special Assessment Hearing -4- October 3 , 1973
19 .VITR 71-8-09 & SAN 71-7-33 - Lateral benefits for Parcels 5535 and 1
51 ection 15.
Mr. Dale Whitcomb of HTS said there was no- quarrel with the
assessment.
20. SAN 71-7-01 & WTR 72-8-24 - Lateral benefits for Parcel 22129
Section
21 . STR 73-3-14 - Street paving in the Padon Dotrn ' s Area .
A motion was made by Mr . Penzel seconded by Mr.. .8oerger to close
the public hearing . Rotion carried unanimously.
Discussion followed by the Council . Mr. Heinrich suggested meeting
with Hr. Johnson to be sure the Village was not being arbitrary in
regard to the assessment of the flood plain -area . . .
A motion was made by Mr . Penzel seconded by Mrs . Meyers to adopt
Resolution No. 774 approving the 1973 Special Assessments. On roll
call . all voted aye. Motion carried.
A motion was made by Mr. McCulloch seconded by ' Ctrs:_ Meyers to ad-
journ the meeting at 9: 50 p .m.
Suzanne K. Lane,..Deputy Clerk
MINUTES
1973 SPECIAL ASSESSMEMT VEARING
Eden Prairie Village Hall October 3 , 1973-7 :30 P .M.
Council Hembers : flayor Paul Redpath , Joan Meyers , John McCulloch ,
Wolfgang Penzel , Roger Boerger .
Council Staff : Village Manager Robert Heinrich
Village Engineer Carl Jullie
Mr. Heinrich welcomed those attending to the annual special assess-
ment hearing which follows the individual public utility hearings
held throughout the year . He stated that the official notice of
the hearing had been published and notices mailed to each affected
property owner.
Explaining action needed to be taken by t:ie residents if the reso-
lution approving the 1973 special assessments were adopted , Mr.
Heinrich said that the County would be 6otified who in turn would
notify the banks . Property owners could pay the total assessment
on or before November 14 without paying interest . Otherwise the
payment is spread over twenty years with a 6 . 6% interest rate. Pre-
payments can be made at the Village Hall .
Because the Council members were familiar with each assessment
project , Mr. Carl Jullie outlined only those projects in which the
members of the audience were interested . The attachment identifies
{ each project and its related cost .
1 . STM 72-4-1 - Kirk Meadows and Westgate Area
Hr . Gordon Carlson , 7352 Franklin Circl - , asked why residents in
the Franklin Circle/Valley Viet Road area should be assessed when
in fact the area water flowed east rather than west into the pro-
posed basin .
r1r. Ronald Conley , 7305 Franklin Circle , expressed the view that it
seemed inappropriate to assess when the water flowed to the east .
r
Mr . Jullie replied that an extensive survey and study was made of
the area and that pickups to carry the Crater would be installed
when the road is upgraded and grading might be necessary to enable
the proper flow.
2 . ST R 72-3-05 - Baker-Mitchell Road and Valley View Road
Mr . James Gillespie , representing Eden Land Corporation , stated
that the needs of the area were determined to be a 36 foot 9 ton
road south of the creek; a 36 foot 7 ton road north of the creek ;
and a 32 foot 7 ton on Valley View. $80 ,000+ was spent to that end .
Further he said that the road capacity requirements were greater
than needed by Edenvaie; credit should be given for the work
already put into the road ; objection was given to putting a $25/
running foot charge on the road facing the golf course . I
1973 Special Assessment Hearing ,-2- October 3 , 1973
2 . STR 72-3-05 ( Continued )
fir . Redpath commented that on the evening the project was ordered
in no objections were made. It was also pointed out that the golf
course was part of the development and credit was received when the
PUD was approved .
Mr . Lawrence Felsenberg , Oak Manor , echoed Mr . Gillespie ' s remarks
adding that the road is premature since people affected to the
north have not been approached if the road should continue through .
Mr . Henrich mentioned that the continuation of Mitchel ]/Baker Road
is perhaps two years off.
i1r . Felsenberg strongly objected to the amount of the assessment.
f•ir . Fenzel pointed out that the developers are not assuming the
total cost ; the Village is picking up about 40% .
3 . SAN 72-1-02 and WTR 72-2-02 - Lincolnwood Addition .
4 . SAN 72-1-08 and l•!TR 72-2-08 - Westgate Hest Area .
Mrs . Linda Ryski , 16170 Westgate drive , was informed of how the
lending institution would receive notice for raising their escrow.
5 . SAN 72-1-11 and UTR 72-2-11 - llestgate East Area .
6 . SAN 72-1-28 and WTR 72-2-28 - Fuller Road Area .
i
7 . SAN 72-1-12 - Nine Hile .lA Collector.
S . SAN 72-1-13 - Mitchell Heights PllD Area Collector .
In answer to fir . Doug Johnson ' s question of New Town Development ,
f-ir Jullie stated that if you are not in agreement with the assess-
ment , you should pay prior to or on November 14 to avoid interest
and then appeal the assessment .
Wr . Johnson felt that the properties benefitting from the Collector '
far exceeded the three being assessed . Mr . Jullie explained that
temporary uses may be necessary (by Zachman , for instance) until
future trunk is installed . Pointed out was the fact that Hipps ,
Shelter and New Town all petitioned about the same time for utili -
ties for the area .
In regard to the flood plain included in New Town ' s parcel , Mr.
Jenson felt that the Village should not accelerate collection of
assessments . The Village method of assessing in this type of
situation was explained by Mr . Jullie . In the event there were 100
ages in the parcel with 20 acres of flood plain , the total assess-
ment for a particular site is determined by multiplying the 100
acres by the $1300 per acre rate ; dividing by the 80 buildable
acres ; and applying that amount to the site per acre .
I
1973 Special Assessment Hearing -3- October 3 , 1973
8 . SAN 72-1- 13 ( Continued )
Mr . Johnson stated that he lost 10-15 units because of the sewer
placement and wished to be assured that his density would not be
changed . Further, that the flood plain area was used as a trade
off for density .
Mr. Richard Hipps felt other property owners should be assessed
and particularly for the extension of the trunk . If the trunk is
extended , said Mr. Jullie , the area will be reassessed and a por-
tion of the cost will be borne by tose benefitting .
Mr . George Farnsworth of Brauer & Associates stated that the facili-
ty was not extended beyond Hipps ' property because the per acre
cost went up appreciably and people would have been landlocked .
9 - HIS 72-9- 17 - Chestnut Drive ; Hitchell Road to E/ti Parkway
Mr . Johnson , New Town Development , asked if he might be assessed
again for storm sewer even though it was included in this project .
He felt he should either not be assessed or be given credit if an
area assessment were levied sometime in the future .
Mr. Heinrich reported that there was no Village policy on storm
sewer assessment although the staff is working on such a policy .
10 . MIS 72-9-19 0 Hipp ' s Hitchell Heights Plan B Improvements .
11 STR 72-3-20 - Mitchell Road ; Scenic Heights Road to south line of
Section 15 .
12 . SAN 71-7-01 - Lateral be►ifits on Westgate Boulevard .
13 . SAN 71-7-02 - Lateral benefits for Edenvale Industrial Park and
C ar-Lynn .
Mr . Gillespie , Eden Land , asked why figures were 40% high than
those indicated at the previous hearing . The Jullie explained that
the time factor had played an important role in the change.
14 . SAN ' 71-1 -26 - Lateral benefits for Louver, Ochs & McFarlane .
15 .WTR 71-8-06 - Lateral benefits for Edenvale Industrial Park Ochs ,
Louver , OcFar ane & Char-Lynn properties .
16 . SAN 73-7-19 & WTR 71-8-29 - SanitarySewer and !later Trunk Assess-
ments for tracts A , B , & C RLS No . 664 .
17 . SAN 71-7-03 - Lateral benefits for RLS No . 1054 , Tract L .
18. WTR 71-8-09 - Lateral benefits for Parcels 500 1100 , 4000 Section
22 an
1973 Special Assessment Wearing -4- October 3 , 1973
19.WTR 71-8-09 & SAN 71-7-33 - Lateral benefits for Parcels 5535 and
512 , Section 15 .
Mr. Dale Whitcomb of MTS said there was no- quarrel with the
assessment.
20. SAN 71-7-01 & WTR 72-8-24 - Lateral benefits for Parcel 2212,
Section 8.
2.1 .STR 73-3-14 - Street paving in the Padon Down' s Area .
s
i
A motion was made by Mr. Penzel seconded by Mr. rBoerger to close f
the public hearing . Motion carried unanimously.
4
Discussion followed by the Council . Mr. Heinrich suggested meeting d
with Mr. Johnson to be sure the Village was not being arbitrary in
regard to the assessment of the flood plain area .
t
A motion was made by Mr. Penzel seconded by Mrs. Meyer-s 'to adopt
Resolution No . 774 approving the 1973 Special Assessments . On roll
call , all voted aye. Motion carried .
A motion was made by Pair. McCulloch seconded by Mrs ,. Meyers to ad-
journ the meeting at 9 : 50 p.m.
Suzanne K. Lane,.. Deputy Clerk
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