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HomeMy WebLinkAboutCity Council Minutes 08-24-1970 SpecialMINUTES OF A SPECIAL COUNCIL MEETING PLYMOL'TH, MINNESOTA AUGUST 24, 1970 A special meeting of the Plymouth Village Council was c.11ed to order by Mayor Hilde at 7:40 P.M., August 24, 1970. PRESENT, Mayor'Hilde, Councilmen Kindseth and Spaeth, Manager Crawford, Attorney Lefler, Engineers Hagen and Bonestroo,,;?inance Director Barnes and Councilmpn Hintz arrived at $:35 P.M. t.! ABSENT: Councilman Johnson MOTION was made by Councilman Kindseth, second by Councilman Spaeth to RE: MINUTES OF approve the minutes of August 17, 197x" with tLe following amendments: AUGfST 17;)1970 Page 2, 5th paragraph: Shoulc: be 5 aye vote. Page 4, last paragraph, `Irst line: Delete third word, "_hat" and insert after the vord the, ",possibility that" before grecnstrips". Page S, Sth paragraph, 5th line: Change word consider to provide. Page 7 2nd paragraph, 2nd line: Use word "study" inste4d of "report", same in the 5th line and substitute the follo*ring at the end of that line; "would disallow particular typ::s of development in the village where water and sewer hre not available". 8th paragraph, last sentence: nelete „ayor" and add "himself I)r the remainder of the term". i Last paragraph, third line: After word "Jurisdiction" add "on". lotion carried, unsnirlous vote. Engineer Hagen reviewad his enema regarding access to the Mannix Company RF,: MANNIX C0.4PANY property. He pointed out ott a map where they are located and access to ACCESS their property. Mr. M -anon of the Mannix Company explains-,°, the cir- ctVmvtnncEa ,svrroundln1, taeir private road, easement and maintenance. of Same, whir~, has :seen affected by the sanitary sewer project installation. They inquired about the restoration of their road or some provision for public access. Engincor Hagen said the inspector for the ,isfitro Sewer Board oai4 it will be properly restored with gravel. The Coluncil said puhlic prof-erty will have to ha crossed .end right--of--wny ,;ou.ld have to be obtained for puhlic access. The Engineer recormended that after the. linr,iughfare Plan is adopted and %thin Lane has been resolved action can to taken on this; issue. ?Ir. Shatanon asked Attorney I.ef ler if it is feasible for them to sue the village for access. .Attorney Lefler sztiid wher they obtn:inod the hui.lding permit for their l %.ai1 eing they were told thcra was no public ncceCs and that is why they nhCAinetl e:n eosgement for a private read. Vay or Hilde sacci i.t is the villtagN?'s it,tent to hold a public: hoaring and tak: some action in this regard ;and Ica asked if tEere are any other prohtemsq that ahould he consik'snrPd. ?!r. Shnnnon said C:.ev nre quite ttpspt about their rand being moved over 3i1 .uec, :,rid being 0,:Wed in. 'Chair :'read had become stabilized noir after so -,v !u voars. Mayer 11i lkle Jji i MINUTES OF A SPECIAL COUNCIL MEETING PLYMOL'TH, MINNESOTA AUGUST 24, 1970 A special meeting of the Plymouth Village Council was c.11ed to order by Mayor Hilde at 7:40 P.M., August 24, 1970. PRESENT, Mayor'Hilde, Councilmen Kindseth and Spaeth, Manager Crawford, Attorney Lefler, Engineers Hagen and Bonestroo,,;?inance Director Barnes and Councilmpn Hintz arrived at $:35 P.M. t.! ABSENT: Councilman Johnson MOTION was made by Councilman Kindseth, second by Councilman Spaeth to RE: MINUTES OF approve the minutes of August 17, 197x" with tLe following amendments: AUGfST 17;)1970 Page 2, 5th paragraph: Shoulc: be 5 aye vote. Page 4, last paragraph, `Irst line: Delete third word, "_hat" and insert after the vord the, ",possibility that" before grecnstrips". Page S, Sth paragraph, 5th line: Change word consider to provide. Page 7 2nd paragraph, 2nd line: Use word "study" inste4d of "report", same in the 5th line and substitute the follo*ring at the end of that line; "would disallow particular typ::s of development in the village where water and sewer hre not available". 8th paragraph, last sentence: nelete „ayor" and add "himself I)r the remainder of the term". i Last paragraph, third line: After word "Jurisdiction" add "on". lotion carried, unsnirlous vote. Engineer Hagen reviewad his enema regarding access to the Mannix Company RF,: MANNIX C0.4PANY property. He pointed out ott a map where they are located and access to ACCESS their property. Mr. M -anon of the Mannix Company explains-,°, the cir- ctVmvtnncEa ,svrroundln1, taeir private road, easement and maintenance. of Same, whir~, has :seen affected by the sanitary sewer project installation. They inquired about the restoration of their road or some provision for public access. Engincor Hagen said the inspector for the ,isfitro Sewer Board oai4 it will be properly restored with gravel. The Coluncil said puhlic prof-erty will have to ha crossed .end right--of--wny ,;ou.ld have to be obtained for puhlic access. The Engineer recormended that after the. linr,iughfare Plan is adopted and %thin Lane has been resolved action can to taken on this; issue. ?Ir. Shatanon asked Attorney I.ef ler if it is feasible for them to sue the village for access. .Attorney Lefler sztiid wher they obtn:inod the hui.lding permit for their l %.ai1 eing they were told thcra was no public ncceCs and that is why they nhCAinetl e:n eosgement for a private read. Vay or Hilde sacci i.t is the villtagN?'s it,tent to hold a public: hoaring and tak: some action in this regard ;and Ica asked if tEere are any other prohtemsq that ahould he consik'snrPd. ?!r. Shnnnon said C:.ev nre quite ttpspt about their rand being moved over 3i1 .uec, :,rid being 0,:Wed in. 'Chair :'read had become stabilized noir after so -,v !u voars. Mayer 11i lkle Jji Police Chief Hawkinson gave a review of his quarterly report of July F4, 1970 and pointed out the highlights of said report._, Council pre- viously requested that he make a report on the number of'hours spent in assists to other communities. Chief Hawkinson reported there we -Oe 51 assists, totalling 14 hours and 8 minutes. which is less than the amount we received froL other communities. Chief Hawkinson also dis- played a plaque for Plymouth's Pedestrian Safety Program during 1969 which was presented by the American Automobile Association. Councilman Hintz arrived at 8:35 P.M. RE: REVIEW OF POLICE DEPT. Qi4IRTERLY REPORT RE: AWk%D' FOR PEDESTRIAN SAFETY The auditing firm of George Hansen b Company reviewed the village audit RE: VILLAGE AUDIT as of December 31, 1969. Various points in the audit were discuaa)!d with Mr. Hansen and Mr. Gregg Murphy, Mr. Hansen then reviewed his letter dated June 17th concerning recommendations which might be help iul to the Finance Director and these items were discussed. The first 6 months of 1970 Statement of Receipts and Disbursements was reviewed and disbursements that are higher than the budgeted estimate were die, cussed. Council concurred that department heads are to operate their departments according to the budget determined for them. However, in some cases, the eµditor stated the budget could be revised. 1t was felt by council gnat the Unallocated Fund is too skimpy, especially with respect to inimrance coverage. Tianager Crawford will chack into thio. 4ayor 11ilde said the village should go back to the policy of using the 3 mills in the budget to offset the village share of sto`rm sewee improvement coats. Mayor Hilde asked Attorney Lefler how the litigation with Universal RE: Sl14P REPAIR Circuits is progreAsing for restitution of sewer repair expense. Attorney Lefler advised that lie expects it to come up in court some- time in October, A discussAon followed on how this type of expense affects the Sewer Operating Fund. It was concurrtid a surplus re- serve should he estahlished 'or such cases. The bark Fund was reviewed an:,) Councilman !lints 9!ipgested that a plan RG: PARK t11ND lie instituted to control the Park Director and Park Commission's ex- penditure of funds, as Ile heart that tl.py have obligated the village with contributing funds to ochry agencies without approval of Council, for which he has neverreceived on of:icial report, lie feels such expenditures should receive CouncAl's approval. P anager Crawford said Y J Page 2, Special Meeting, Aug. 24,'1970 suggested that between now and the public hearing date Mr. ;Shinnon get in touch `+:ah our "tanager etid, Engineer to review our plan, thereby gett. ag an idea of what it is going"to be. Manager Crawford agreed to meet with Mr. Shannon this weer.. Police Ghief Hawkinson referred -.,to a letter received from Mr.Carl RE: PEACE OFFICER Pearson, Executive Director of the Minnesota Peace Officer's Training. TRAINING Chief Hawkinson asked that Council appoint an applicant for reimburse- ment of monies spent by the village.for, this basic trniining. MOTION was made by Councilman Kindseth, second by Councilman Spaeth to RES. NO. 70-353 adopt RESOLUTION NO. 70-3530 A RESOLUTION APPOINTING ?U.NAGER CRAWFORD APPLICANT FOR AS THE VIL11GE REPRESENTATIVE FOR REIMBURSE4ENT or MONIES SPENT FOR REIMBURSEMEIIT PEACE OFFICER'S BASIC,TRAINING OF PATROL OFFICE&S AND ALL INVOICES SHOULD BE SUBMITTED TO THE FINANCE DIRECTOR FOR HIS APPRUVA-L. Motion carried 3 eye roll call vote. Police Chief Hawkinson gave a review of his quarterly report of July F4, 1970 and pointed out the highlights of said report._, Council pre- viously requested that he make a report on the number of'hours spent in assists to other communities. Chief Hawkinson reported there we -Oe 51 assists, totalling 14 hours and 8 minutes. which is less than the amount we received froL other communities. Chief Hawkinson also dis- played a plaque for Plymouth's Pedestrian Safety Program during 1969 which was presented by the American Automobile Association. Councilman Hintz arrived at 8:35 P.M. RE: REVIEW OF POLICE DEPT. Qi4IRTERLY REPORT RE: AWk%D' FOR PEDESTRIAN SAFETY The auditing firm of George Hansen b Company reviewed the village audit RE: VILLAGE AUDIT as of December 31, 1969. Various points in the audit were discuaa)!d with Mr. Hansen and Mr. Gregg Murphy, Mr. Hansen then reviewed his letter dated June 17th concerning recommendations which might be help iul to the Finance Director and these items were discussed. The first 6 months of 1970 Statement of Receipts and Disbursements was reviewed and disbursements that are higher than the budgeted estimate were die, cussed. Council concurred that department heads are to operate their departments according to the budget determined for them. However, in some cases, the eµditor stated the budget could be revised. 1t was felt by council gnat the Unallocated Fund is too skimpy, especially with respect to inimrance coverage. Tianager Crawford will chack into thio. 4ayor 11ilde said the village should go back to the policy of using the 3 mills in the budget to offset the village share of sto`rm sewee improvement coats. Mayor Hilde asked Attorney Lefler how the litigation with Universal RE: Sl14P REPAIR Circuits is progreAsing for restitution of sewer repair expense. Attorney Lefler advised that lie expects it to come up in court some- time in October, A discussAon followed on how this type of expense affects the Sewer Operating Fund. It was concurrtid a surplus re- serve should he estahlished 'or such cases. The bark Fund was reviewed an:,) Councilman !lints 9!ipgested that a plan RG: PARK t11ND lie instituted to control the Park Director and Park Commission's ex- penditure of funds, as Ile heart that tl.py have obligated the village with contributing funds to ochry agencies without approval of Council, for which he has neverreceived on of:icial report, lie feels such expenditures should receive CouncAl's approval. P anager Crawford said Y J I e i Page 3, Special Meeting, Aug. /249' 1970 he and:the Finance Director went over this matter today. The HUD Park RE: HUD REPORT ' Improvement Report Was reviewed. Mayor Hilde asked Manager Crawford to furnish a one page report within a week or two showing all the land that Is reinainingitd be purr aaed in relation to all the -monies that we have recei*d, from!, the` varidus sources so we Will know where we are at, as re,l as the Bass -Lake account as it stands today. Mayor Hilde stated that a 1tnancial re?ort system should be set up with a fsirly accurate record of the Genral'Fund, Sewer Fund, State Aid Funds and HUD funds all coordinated together with a S Year Improvement Fore- cast so they can sit dmrn and do,a good job of analysis which has never been done. Councilman Hintz remarked that'it is now august 1970 and we are just now reviewing the December 31,,,19f,9 audit)and questioned it's effect with re- lation to the preparatior,of the 1971 budget. Nr. Hansen said it makes nodifference when they present the audit. If Council wishes it can be pre,pared and presented earlier. iyor Htlde sa',d he would like the staff to work with the auditor to get the. 1970 audit to us at their earliest possible convenience in 1971. Mayor Hilde asked Council if there were any objections to the auditor's recommendations of Jute 17th. No objections were voiced. MOTAON was made by Councilman Kindeeth, second by Councilman Hintz dir- ecting the ?tanager to implement the recommendations stated by the auditor in his letter of JwtE 17, 1970. Motion carried 4 aye vote. MOTInN was made by Councilman Hintz, second by Councilman Kindseth to adopt RESOLUTION h0. 7.1-354, A RESOLUTION DIRECTING THE CLERK TO PUBLISH THE TREASURER'S REPORT COVERING THE YEAR ENDING DECEMBER 31, 1969. Mo.ion carried 4 aye roll call vote. qtr. Murphy was asked on what basis the - p projected per capita apportion- ment revenue was made and he said the 1965 census. Mayor Hilde asked if the council would consider directing the "tanager to join with other commtaities and suburbs and spearhead a move, even if it meant going to court, to get our revenue based on the 1970 census for the full year 19116 MOTION was made by Councilman Hintz, second by Councilman Spaeth dir- ecting Manager Crawford to investigate first of all what is being done at this point in time by the State with regard to the basis for revenue, Also, proceed, in cooperation with other suburbs, to petition the tate Tax Commissioner or who the appropt•intia Commissioner is, to base our revenue on the 1970 census. If they appear unwI111nR to do so. Proceed with whateier legal effort is advisable. Notification of our action is to be sent to our state legiAlative representative and state senator. Attorney Lefler said this action will require a statutory amendment by the legislative hotly. tlayor Hilde said he understands it is a matter of state taw but is unfair and we etre challenging it. lie asked Attorney Lefler if it could be chil,lenged in court as a had law. Attorney Lefler said he wilt check on this. Motion carried, unanimous vote. RES. NO. 70-354 TREASURER'S REPORT RE: REVENUE REPORT a V Papyv'4, Special Meeting, Aug. 24, 1970 Mayor tilde said we talked a year ago about charging customers and devel- opers for planning and engineering services to justify the Plamier's ex- pense. He asked Engineer, Hagen if this is' being,o done. Engineer Hager. said he gave the bookkeeper a report for $5,000'to $6,000 charge -outs and at the end of the year there will be a surplus in the total'engiheering appropriation. mayor Hilde said council will be interested In having this watched closely. Mayor Hilde said Council should be advised of transfers in the budget, such as those made for police anil fire services. Councilman Hintz said funds were 'ikllocated to -the Park Commiss;ou and Pride Force for five items. He has not received a report from'the© as to'whether or not they have been taken care of. Mayor Hilde named the five items for the Manager's benef,t and asked that a check be made, especially the removal of dead trees from the lake shoreline. Mayor Hilde said the council would like°to be notified as to whether or not the Manager is satisfied that the Park rand to'being allocated and spent in the way the council agvisiclied when the budget was made up. The lowest bid received for Project f70 -8C, 36th Avenue Improvement was received from C. S. McCrossan,',Inc. for $100,324.80. A discussion foll- owed on whether or not McCrossan, Incle should be awarded the bid due to their part in the 4 Seasons Greenstripping project. Attorney Lefler said that Engineer Bonestroo feels that McCrossan. Inc. has not been a problem. They satisfactorily completed their ci)ntract in the Southwest program and he feels they are not responsible for the 4 Seasons problem, as they agreed to do seeding and sodding but the people objected. Mr. Bonestroo was asked if he contacted McCrossan regarding the 4 Seasons area since the last meeting and he said he was nct aware that he was supposed to. Manager Crawford will check into this matter. Councilman Spaeth felt the award should be made to McCrossan, Inc, as it means a savings of 12,000. RE: ENGINEERING SERVICES RE: BUDGET TRANSFERS SEs PARR FUND, PROGRAM AND BUDGET 0 RE: PRWECT 7(1-8C With respect to the assessment program for this project, Dr. Hood. Suptt, RE: ASSESSMENT of School District 0281 said according to a letter from the Attorney PROGRAM General if the assessment is in accord4nce with the benefit derived it is permissible for them to agree to thy, proposed assedsment. Therefore, Dr. Hood agreed to the assessment program, as presented at the joint meeting held August 13th. !le was told their share will be approximately 81.000 plus a share of the additional costs for engineering, legal, clerical and easement fees. Mayor Iltlde said he and Mr. Smith visited about the conditions concern- ing a future school site and Mr. Smith wanted to know what the cost will be for working with the Planner. He was told it will be $16000 of which we are asking they pay half or $500, a firm figure. Mr. Smith said the Board is meeting Sept. 14th. This is subject to their approval and they will cooperate with the village Ur. Hoed said. Manager Crawford will send tham a letter in this regard and 1 e assured Dr. Hood and Mr. Smith that he is most anxious to work with them as the manager of Plymouth and if they have any questions on village,i)olicy not to hesitate to call him and he will welcome dtauusetons on pl&,ining of the school district. Dr. Hood replied that he would like to do this. r J f J ' Page 5, Special Meeting, Aug. 240 1970 Mayor Rilde said, we find it;difficult to understand how the village and the school district can ldtelligently locate a site without a study on what the, future holds for elementary and junior high schools with respect to a school census forecast breakdown. Lir. Hood said gels information is available and It was unfortunate the man who could have furnished this ,vas on,vacation. Mayor Hilde st,l..d the council appreciates the conversations they have had. and he referred"to s motion made at our last meeting directing the manager to cooperate in every way possible with the school districts in PlYMN6uth which will be included in our objectives. MOTION was made,Dy Councilman Hints, second by'Councilman Kindeeth to adopt RESOLUTION NO. 70-3559 A RESOLUTION APPROVI4NG PROJECT 470-8C, 36Th AVENUE IMPROVEMENT AND AWARD THE BID TO Co S. `+CCROSSAN, INC. FOR 100,324.80. Motion carried, 4 aye roll call vote. MOTION was made by Councilman Hints, second by Councilman Kindeeth to adopt RESOLUTION NO. 70-351, A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE TEMPOPARY EAS,r:tENTS FOR PROJECT N0. 70-8C. Motion carried 4 aye roll call vote. Councilman Hintz said he appreciated the joint meeting held with the school board, as he learned a lot about school district, problems and he hoped that they learned a lot about our problems. Dry Hood said they expect to open the high school November first. MOTION was made by Councilman Hlntz; second by Councilman 44ndseth to adopt RESOLUTION NO. 70-342, A RESOLUTION AUTHORIZING THE OE OF D1114- ENT DOMAIN TO ACQUIRE EASDIENTS FOR PROJECT 1\'0. 68-2C.` Motrin carried 4 aye roll call vote. Engineer Hagen said he and Engineer Bonestroo %worked with the'PIanger for a bettelc street arrangement for Project A70 -1,04A. East Parker'& Lake Improvement. It is their recommendation that some pertlaw of,the watar and sewer improvement be deleted in the lotwer section of this area to give the property owners a chance to replat. Manager Crawford said he looked at this area and he agreed with their 'recommendation. Engineer Bonestroo pointed out thtt area in question o!a a map and said the approximate 20 acres are owned by seven people. Councilman Hing said he also vu wed the area and agreed with their recommendation. Engineer Bonestroo said the property owners will be able then to make something out of their property and felt there should be qo prol4lem getting them to replat. MOTION was made b% Councilman Hintz, second by Courctimao Spaeth to adopt RESOLUTION N0. 70-356, A RESOLUTION APPROVINC' JUE, PT ANS AND SPECIFICATIONS FOR PROJECT 070-1,0-8A WITH THE F"XCEPTION Of, THE ARRA TO BE DELETED AS RECOMMENDED IN ENGINEER BONESTROD'S RFXORT OF AUr 216 1970 AND ADVERTISE FAR MDS AT 10:30 A.M. ON SEPT. 199 1970. Motion carried 4 aye roll call vote. Manager Crawford reported that he briefly reviewed the assessment roll reports and recommended a committee be aet up with two council memberb, the Finance Director, a :representative from Mr. 11ones.tron's office and himself to make recommendations in this regard. 11eyor rinds appointed Cowwcilmen Spaeth and flints to this committee. fir. Honestroo Asked for authorization to prepare the assessment roll and suggested the assess- ment hearing be held either the 7th or 8th of October,, RES, ORe 70-.55 RI A-tRD- PROJEC1 #70-8C RES. y0. 70-351 EASEZtENTS PROJECT #70-8C RES. N0. 70-351 EASE"tE;TS - PROJECT 068-2C RE:, PROJECT N0, 7(1-1.0-8A RES, Nr.,, 7(1•-356 AOJCETT!7A15,om RF: ASSESSMENT PEARINC 10 Page'' 6, „ Special Meeting, °Aug. 24'. 1970, MOTION va4 made by Mayor Hilda, second by Councilm ln Spaeth directing' the Manager,,td proceed vith the' committee to go over the$e assesseant roll report's for approval and recomendstion. Motion carried 4 aye i3te. MOTION rz, made by Mayor Hilda, second, by Councilman Hints to include,, the aabeasraent roll for the City of Minneapolis yorkhovae property. oMotioncarried4ayevote* of MOTION was made by Councilman Hintz, second by Councilman A'Indseth to RES. li0. 70-357 adopt RESOLUTION NO. 70-357, A RESOLUTION AUTHORIZING BONES,TROO b ASSESSMENT ROLL ASSOCIATES, INC.'TO PREPARE THE ASSESSMENT ROLLS FOR 1970..'Motion PREPARATION carried 4, aye roll call vote. The committee to approve and recommend the assessment roll,vill meet 1) in the village hall at 7:30P.M., Wednesday, August 26th. The Board of Zoning, Adjustment vill meet on Sept. 8th at 7:30 P.M. in the Pubtle Works Building. Manager Cravford was directed to notify the'Board members to this effect. Mayor Htlde and Attorney Leflor will also be present. Engineer Hagen presented his Project Status Report. Attorney Lefler said he received a letter from the Noyes contract banding company stating that they hope to have the project resolved by September first. They are presently negotiating with a contractor to complete the work. Councilman Hintz asked the attorney if he feels the insur- ance company is solvent and he Raid yes, he did. MOTION 9 -?as made, by Councilman Spaeth, second by Councilman Hintz to adopt ORDINANCEN0. 70-35, AN ORDINANCE AMENDING THE VILLAGE,CODE PRESCRIBING THE SALARIES OF THE MAYOR AND COUNCIDIEN. Motion carried 4 aye roll call vote. Appointments to Commissions for vacancy replacements will be taken cep at a later meeting. K RE: ;,BOARD OF ZONING,. ADJUSTMLNP', RE: PROJECT STATUS REPORT ORD. N0. 70-35 COUNCIL SALARY RE: APPOINTMENTS Mayor Hilda asked Engineer Hagen to submit an attendance record report RE: PLANNING covering members of the Planning Commission for the last`six months, COMMISSION which is to be submitted before the Sept. 14th meeting. ATTENDANCE MOTION was made by Councilman Spaeth,, second by Councilman Hintz to adopt RESOLUT",ON NO. 70-358, A RESOLUTION APPROVING THE ELECTION JUDGES FOR THE SEPT. 15, 1970 PRIMARY ELECTION. Motion carried. 4 aye roll call `rote. LOTION was made by Councilman Spaeth, second by Councilman Kindseth to adopt RESALUTXON NO. 70-359. A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS F% PROJE(IT 070-8A IMPROVEMENT OF 34T11 AVE. AND KILMER LANE TO COUNTY ROA, M A0 ADVERTISE FAR AIDC ON FRIDAY, SGPT. 11. 1970 AT 10:00 A.M. Mott,on c6rried 4 aye roll call vote. MOTION was made by Councilman Spaeth, adjourn at 12:05 A.M. Motion,rarried, ATTEST: .t 'iA second by Councilman Hintz'to unajvtmoue vote Al Hilda, Jr., Mayor sm RES. N0. 70-358 ELECTION JUDGES RES. N0. 70-359 PROJECTT870 --3A r.; YJ J