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HomeMy WebLinkAboutCity Council Minutes 06-19-1972MINUTES REGULAR COUNCIL MEETING PLYMOUTH, MINNESOTA June 19, 1972 J A regularar meeti n of the Plymouth V11 a e Council was called by order t or Hi llde at99y 9 V 7:11 p,m. on Jule 19, 1971?. PRESENT: Mayor Hi1de, Copncilmen Runt, i4eils, SeibclA. and Spaeth, Manager W1111is, Engi- neer Rudrud, PT4;i:ser Overhiser, Attorney Lcfler, and Consulting r"Agineer Bones- troo. ABSENT: None. HEARING Consideration of Assessments i`:oject,No. 127 (714,2.0,t -A) West Medicine Lake Nati Item 4. i Manager Millis stated that the purpose of the meetingis to Sive.citizens ar, op ortuni ' to express titirviews, as they were not appropriately notified in ^ctoher, 1971'on the West Medicine 614 water and storm sewer project. He stated that if ti;e property owner pays his assessment fui:y within 30 days there would be no accrual of interest; a' 1 if she assessment is not paid off within the first 30 days, they are sent to the .nuntV Auditor and interest begi-nam to accrue from the date the roll is confirmed, and it -would appear on tzx statements in subsequent years. They My be paid in full prior to thee, 15th of November in any y3ar, in wRtch case they would not appear on any subsequent tNx st,lte-- mert. If not paid by the 15th of November, they will appear on the next year's LIUM ment and interest would accrue for that entire year. The estimated cost was $15.70 per foot when the preliminary report was rc eived a year ago March. He proposed that the Council consider $16.00 per foot charge, based on the assessments adopted for this project previously, for a period of twenty (20) years, Mayor Hilde opened the public hearing at 7:22 p.m. Ron Karkhoff, 1240B Forestview lane: He has not been levied, and wanted :i know what the area c arge is. Mayor Hilde po me out that there are several ways of getti;%9 the bill paid: One is front footage charge for restoration and service in the street that serves the home; the other is an area basis, which is a rate per acre charge. The Village is doing a study, and until this is completed they are not assessing anyone for the area charge, but 1t wi-ll be assessed this Fall. Mr. Karkhoff stated that he had signed a pe" tition against the project and he was never notified of either of the hearings that took place on this project, Mayor Hilda stated that because of an administrative error not all residents were advised, and this public hearing was an attempt to remeay that error. He did point out that those citizens who had not been properly notified of the project would gain, as the interest on their assessments had been waived. Mr. Karkhoff concluded that he couldn't understand why the price was so high. Mrs. Ruth Odden 1158 Goldenrod Lane North: She wanted to know the enact date when In" terest on tht assessment would begin, May& Hilde stated that interest would 6agin accruing from the date the roll was confirmed, Mrs, Odden stated that she had paid the first half of the assessmen, on the tax bill. M%cr Hilde stated that the Village had not withdrawn their levy until it had gone 16 the computers, so they will receive a refund from the County this year. 7 ABSENT: None. HEARING Consideration of Assessments i`:oject,No. 127 (714,2.0,t -A) West Medicine Lake Nati Item 4. i Manager Millis stated that the purpose of the meetingis to Sive.citizens ar, op ortuni ' to express titirviews, as they were not appropriately notified in ^ctoher, 1971'on the West Medicine 614 water and storm sewer project. He stated that if ti;e property owner pays his assessment fui:y within 30 days there would be no accrual of interest; a' 1 if she assessment is not paid off within the first 30 days, they are sent to the .nuntV Auditor and interest begi-nam to accrue from the date the roll is confirmed, and it -would appear on tzx statements in subsequent years. They My be paid in full prior to thee, 15th of November in any y3ar, in wRtch case they would not appear on any subsequent tNx st,lte-- mert. If not paid by the 15th of November, they will appear on the next year's LIUM ment and interest would accrue for that entire year. The estimated cost was $15.70 per foot when the preliminary report was rc eived a year ago March. He proposed that the Council consider $16.00 per foot charge, based on the assessments adopted for this project previously, for a period of twenty (20) years, Mayor Hilde opened the public hearing at 7:22 p.m. Ron Karkhoff, 1240B Forestview lane: He has not been levied, and wanted :i know what the area c arge is. Mayor Hilde po me out that there are several ways of getti;%9 the bill paid: One is front footage charge for restoration and service in the street that serves the home; the other is an area basis, which is a rate per acre charge. The Village is doing a study, and until this is completed they are not assessing anyone for the area charge, but 1t wi-ll be assessed this Fall. Mr. Karkhoff stated that he had signed a pe" tition against the project and he was never notified of either of the hearings that took place on this project, Mayor Hilda stated that because of an administrative error not all residents were advised, and this public hearing was an attempt to remeay that error. He did point out that those citizens who had not been properly notified of the project would gain, as the interest on their assessments had been waived. Mr. Karkhoff concluded that he couldn't understand why the price was so high. Mrs. Ruth Odden 1158 Goldenrod Lane North: She wanted to know the enact date when In" terest on tht assessment would begin, May& Hilde stated that interest would 6agin accruing from the date the roll was confirmed, Mrs, Odden stated that she had paid the first half of the assessmen, on the tax bill. M%cr Hilde stated that the Village had not withdrawn their levy until it had gone 16 the computers, so they will receive a refund from the County this year. P A4gu 'ar Camci 1 -Meeting i0e 19,) 1972 Pa;"4, Two Ronald Kuechle 1130 Forzstview Lanae:; Questioned the method of using front footage rather n a per Int assessment. anager'i llis pointed out that when there is a curved lot, it would have some type of adjustmef.t and with a straight lot it is strictly on the basis of thO frontage along the lot. Mayor Nil& pointed out that there are three ways to arrive at the assessment: I. Front footage -- for lateral services. 2. Unit -- the premise, that ne matter what size a lot iz; one,,party)uses the service just as much as the other. 3. Acreage to rake into account the over -sized lots where larger pipes are required. It was pointed out that the 1966 sanitary sewer assessment procedures were followed in the preparation of this roll. Harvey Schiebe 1215 Goldenrod Lane- Stated that in front of his house where the equip- ment traveled the, pavement was in pretty bad condition, He was concerned with getting stuck with another street assessment next year, Mayor Hilde stated that the project was bid to only repair that part of the street that was torn up for the project, Bob Burnett 1235 Goldenrod lane: Stated that most of his questions were answered, He was d so very concerned with the ccndi-tion of the street. Engineer Rudrud stated that some ,eople from the area had expressed their desire to have the street completely re- done, With a 2" overlay, it would be about $2.00 per assessable foot, George Odden 11158 Goldenrod lane: Wanted to know what the citizenr. have to da to get the Council to act on a pe on 7 ayor Hilde pointed out that there were a lot of peo- ple who wanted water, and that the Council had ;F,ceived petitions from people for and ag9ainst water and 0 eir decision was based on the community's requirements, not an indi- vidual Is* Mayor Hilde closed the public hearing at 8:17 p.m. MOTION was made by Councilman Seibold, seconded by Councilman Hunt to adopt RESOLUTION NO 72=205 A RESOLUTION APPROVING THE ASSESSMENT - ROLL FOR PROJECT NO.:27 :1-I,f,,8-A) WEST MEUI• Approval of Assessment Roll for CINE LAKE WATER, as per Staff recommendation, Project No. 127 (714,2,0,84) Motion carried: Roll call - five ayes, I West Medio. -Ane Lake Water Playhouse Industrial Park Water and Sewer - Project No. Item 5. 222 Manager Willis state' that the puranse of the meeting is to afford the property owners in the area of the suggested project an opportunity to discuss with the Council whether they want the project, in total or in part, to be considered further, As a result of petitions, the Council ordered a preliminary report to guide them in their decision. Notice of the hearing was handled as follows: 1, An official notice appeared in the Wayzata -Plymouth -Minnetonka Sun, 2, A written notice was sent to all property owners of record in the County Auditor's rax sLatrnient wail iiiy list. 3. Discussed at the Village Courftil Meeting and through local media, b Regular Council Meeting June 19, 1972'' Page Three Engineer Rudrud reviewed the map where water and sewer is proposed: Alternate "A" -- Lateral only on 3Rnd Avenue, which would eventually service the 0assess. industrial park, with no outfall. A dry pipe, se that no addi- rant foot) tiovial restora0on cost would be required for the future. Alternate "B" -- Pipe for an outfall from 32nd'and Parkview east to 55, northerly acre to an extension of the Northwest interceptor, and would require an extension of the Northwest trunk. Alternate "C" -- Another outfall that would go to the south to 28th Avenue and 725/ac"Rer Ranchview into an existing sanitary sewer. (Temporary outfall with possible future construction required to go up to the Northwest trunk at the time a greater need for sewer is re- quired for that area, Watermain -- $13,25/assessable front foot Mayor Hilde opened the public hearing at 8:39 p.m. Paul Johns P1 house Coma : If Alter"-te "B", he wanted to knew the time element. ayor F111de pointed out a t may be a long time, since there would have to be enough development to pay for the extension of the Northwest interceptor. Mr. Johns also wanted to know what constituted the major difference in cost between "B" and "C" for those in the industrial park. Engineer Rudrud stated that the amount of pipe required for "C" would make the difference. Mr. Johns wanted to know if the water main could be extended to the east that is low between Parkview and Niagara. Engineer Rudrud sgreed that it could, tr. Johns concluded that he would like the water now and the sewer as soon as possible, Bill Walter, Lake P, &ion Bevveer_age: He is presently constructing his plant at Playhouse nustrial Park, lie wouldavwater with Alternate "A". Bill Paull,Pau'!y Business Forms: He has an immediate sewer problem, The saturation on fi s land is critical and he needs a sanitary sewer as soon as possible. When he constructed his building, he assumed that the sewer would run on the north side, He was told that he couldn't hook up to 32nd and needs an extension to 550 Fred Hanus Hanus Bus Company: Mayor Hilde stated that he has been advised by Fred anus that he has an urgent need for water, (Mr, Hanus was not at the public hearing.) Mayor Hilde closed the public hearing at 8:45 p.m. Engineer Rudrud stated that Mr. Pauly could get service from 32nd, 11 -it that, it might be an additional expense to get pipe around the building. There might be a problem in doing it by gravity. He felt that if alternate "C" was taken there was a possibility that Mr. Pauly could not hook up because of the uncertainty of his elevation. Councilman Spaeth felt that Alternate "A" should be continued straight east to where it crosses the highway at a lower elevation, put in a temporary lift station, and force it back to 28th, (Alternate "J") MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to or4er water, as proposed, if they can eventually hook up to Alternate "C", "B" or "J". Motion carried: Roll call - five ayes, 0 Regular Council Meeting June 19, 1972 Page Four MOTION was made by Councilman Hurt, seconded 1y Councilman Spaeth, to direct the Staff to come back to the Council prior to askingtheCouncil to go to bids with a proposal for the extension of the sewer across parcel 3620 directly to the e;*.st of Alternate "A", the installation of a lift station, and the construction of a pipe to the south across the Jordan and Nelson and 4200 parcels and back to the west to 28th Avenue, known as Alternate "J"; and further that we would like the staff to do a comparative analysis between "B", "C" and "J". Motion carried: Five ayes. Item 10.A. NOTION was mai+e by Councilman Seibold, seconded by Councilman Neils, to adopt a RESOLUTION N0. 72404, a RESOLUTION APPROVING THE VILLAGE OF PLYMOUTH AC UIRING THE OWNERSHIP AND MANAGEMEN` OF PARKERS LAKE CEMETERY, as per StaffUN We 72404 recommendation. Motion carried: Roll tall - 3 ayes IRESOLUTI Approval of Village of Plymouth Ac - with Councilman Hunt and Spaeth voting nay. quiring Parkers Lake Cemetery, Rezoting R-1 to R-3 (A-315) Item 7.D. Planner Overhiser reviewed background of this project with Council, stating that they were asked to revise their plans from 10 to 6 units. The Planning commission has recom- mended a denial on a 3-2 vote. The Staff has prepared two alternative actions: 1. Approve plan with six units. 2. Deny request and give developer further guidance. Roger Freeberg, Tines Architects: Presented an illustration of the revised development proposal and stressed the appearance of single family dwellings rather than standard townhouses. MOTION was made by Councilman Neils, seconded by Coun titioner that the Council was generally favorable to on rezoning at this "Ame and to consider the rezoning plan, plat and development contract. Motion carried: 45th Avenue Sanitary Sewer Larch lane to East Item 12.A. fifth Avenue North: e or sanitary sewer cilman Hunt, to indicate to the pe - the project but to defer final act'i in conjunction with the final site Five ayes. 0 u Read a letter sent to the Village in his area. N MOTION was made by Councilman Saihold, seconded by Councilman Spaeth, to direct the 1taff to prepare ar; updating of the old preliminary report which would include interim solutions of various types, including an analysis of the manner of assessing Green Acres and wet and dry pipes. Motion carried: Five ayes, Mayor Hilde asked Staff to call Mr. Harrington when the Council discusses the revised pre- liminary report. If the Council decided to go ahead with any part of the project, a public hearing would be held, etc. _. M 9 jo Regular Council Meeting June 19, 1972 Page Five F"61010 106 vv..10.I Reaoning from R-0 to B-4 (A-391) Item 7.A. A MOTION was made by Councilman Hunt, secondr-4, ;)v Councilman Spaeth, to follow the Staff's recommendation for denial of this petition .!ue to the fact that there is no over-all guide plan, Motion carried:, Roll call - five ayes. LU SGHUMtK tprtnur maustaa I Subdivision Variance (A"397) Item 7.B. Ed Schommer: They were not advised of the 20' easement and he did not want to give it up.ounc man Neils stated that a subdivision waiver cannot be approved without the 20' right-of-way. MOTION was made by Councilman Seibold, seconded by Councilman Hunt to adopt RESOLUTI.01 NO, 72-206, A RESOLUTION APPROVING THE SUBDIVISION RESOLUTION NO. 72-205 VARIANCE, as per Staff recommendation, Motion Approving Subdivision Variance of carried: Five ayes. [Ed Schomer MOTION was made by Councilman Seibold, seconded by Councilman Hunt to adopt RESOLUTION NO. 72-207, a RESOLUTION WHEREBY RESOLUTION 72-206 [RESOLUTION NOo 72-207 WILL NOT BE FILED UNLESS THE 20' IS DEEDED TO THE 20' Easement Dedication to Village VILLAGE OF PLYMOUTH, Motion carried: Five ayes. of Plymouth Mayor Hilde called recess at 10:30 p.m.; meeting called back to order at 10:42 p.m, MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to direct the Staff to come up with several proposals and different solutions to the set -back on thoroughfares and come back to the Council on July 10, 1972, Motion carried: Four ayes with Council- man Seibold voting nay, Item 10.D. To be discussed at the next Council Meeting, MOTION was ff...de by Councilmaki Hunt, seconded by Councilman Spaeth, to move the Council meeting frum July 3rd to July 10, 1972. Motion carried: Four ayes with Councilman Neils voting nay, MOTION was made by Cou::cilman Spaeth, seconded by Councilman Hunt, to set up the next Council meeting for June 29, 1972. Motion carried: Five ayes. MOTION was made by Councilman Neils, seconded by Cokuncilman Hunt, of June 5, 1972, with the following amet,dments: to approve the minutes Page 1, Last Paragraph: Change spelling on last name from Kelly to Kilian. 10, Paragraph r: Drlete statement, Councilman Hufit withdrew his motion," 11, Paragraph 1: Delete Councilman Neils" and add "Councilman Hunt" as voting nay. 11. Paragraph 5: Change date of weeting to "June 12, 1972" 91 1.13, c,: Change rrom 1 to 1V to "from 14 to 1," u Regular Council aeeting June 19, 1972 , Page Six Motion carried: Five ayes. MOTION was made by Councilman Seibold, seconded by Councilman Spaeth, to approve the minutes of June 6, 1972, with the fpllowing amendment: Page 1, Paragraph 6: Motion carried: Five ayes. Site Plan Approval (A-383) Item M. Mayor Hilde wanted his third statement in this parpgraph changed to read: "He stated that it is the concern of the Board of Review that valuations within Plymouth are fair, as well as valuations with neighboring communities, particu- larly...." r J MOTION was made by Councilman Seibold, seconded by Councilman Neils to adopt RESOLUTION NO, 72-20$, A RESOLUTION APPROVING THE SITE PLAN FOR RESOLUTION NO, 72_1w DORN BUILDERS, as per Staff recommendation. Motion Approval of Site Plan for Doll -n carried: Four ayes with Councilman Hunt voting nay. Builders . rid, ri.vavan 4nna. Water and Sewer Improvement Project 123 Plan Approval and Schedule Item 7.E. Manager Willis ,overed background information, advising that this wculd be street restor- ation. Council agreed that they did not want street restoration on this project, pre- ferri-•g a permanent street. MOTION was made by Councilman Hunt, secinded by Councilman S aAth to adoot RESOLUTION - N1. 7 -2609v A RESOIXTION AF PROV,',NG THE WATEF 1%ND - SEWER &MPR04EMENT f F.OJECT 123 !MH THE ADDITION Approving Water and Sewer Improve - THAT ALTERNATE "A" FOR PERMANENT STREET BE IN- ment Project 123 with Addition of CLUBED. Motion carried: Roll call - five ayes. Permanent Street (Alt. -,nate) MOTION was made by Councilman Hunt, seconded by Counci3man Spaeth, to adopt RESOLUTION NO, 72-2106 A RESOLUTION ORDERING A FR;'LIMINARY RESOLUTION NO. 72-210 REPORT FOR PERMANENT STREET ON Tl:. , PKIJECT AND Order Preliminary Report for Perma- SETTING A DATE FOR A '?UBLIC HEARING AT 7:30 P.M. nent Street and get public Hearing ON JULY 101 4972. for July 10 1972 I ewer and Water Project No. 208 Item 8.A. r. MOTION was made by Councilman blunt, seconded by Councilman Seibold, that the Staff obtain accurate data and the Cou°uil will look at it again ;his Fall for next year, 7— 1, Regular Council Meeting June 19, 1972 Page, Seven , ttnn;aa Latus Report a MOTION was made by Councilman Seibold, :onded by'Councilman Neils, to direct the Staff to get appraisals for Lots 4 and 5, Bloch 1, of the Penwalk Addition, Motion carried: Roll call - four ayes with Councilmar, SpaEth voting nay. MOTION was made by Councilman Seibold, seconded by Councilman Nils to adopt RESOLUTION N0. 72-211, A RESOLUTION TO INCREASE THE APPROPRIA-72-211 TION FOR THE EAST AND WEST MEDICINE LAKE PARK Increase Appi%opriation for,East and ACQUISITION PROJECT. Motion carried: Roll call - West Medicine Lake Park Acquisition four ayes with Councilman Spaeth voting nay. Pro est r• •vA V. VVV..VAr all 1 `a.. Vol Section 17, Subdivision 2, Paragraph4f of Zoning Ordinance and Section 7.06, Paragraph 6, Chapter VI of Village Code (Subdivision Regulations) a VW49 Y . r . Par_ inS iii I-1 Planned Industrial District MOTION was made by Councilman Neils, seconded by Councilman Hunt, to direct the Staff to prepare a soltition to the problem that they site, refer it to the Planning Commission aid then to the Council for consideration. Motion carried, five ayes. Park Donation MOTION was made by Mayor Hilde, seconded by Councilman Seibold, to direct the Staff t develop a policy which may involve ordinance changes whereby they take into account t problems sited in the memo of June 16th in such a way that the staff does not have un-` limited discretion in the solution to the problem but that it be somewhat formalized through ordinance or resolution; and a route Cy which the Staff could accomplish the end goals, a proper determination of value of the parcel desired for park relatiee to the 1averagevalueoftheproperty. Motion carried: rive ayes. - a Item 9.A MOTION was made by Councilman Spaeth, seconded by C N0. 72412, A RESOLUTION APPROVING APPLICATIONS FOR RENNA1, OF ON SALE NON -INTOXICATING MALT LIQUOR LICENSE, as per Staff recommendation, Motion carried: Five oyes% ki t ION R uiavn v. is-cac Approval for Renewal of On Sale Non -Intoxicating Malt liquor Licenses MOTION was made by Councilman Hunt, seconded by Councilman Neils NO% 72-213, A RESOLUTION APPROVING APPLICATIONS FOR IRESOLUTI RENEWAL OF OFF SALE NON -INTOXICATING MALT LIQUOR LICENSE, a% per Staff recommendation. Motion arried: Five ayes to adoet RESOLUT M. Approval For Renewal of Off Sale Non -Intoxicating Mala Liquor Licenses V 6 i o Regular ;Cpunci l Meeti-ng - r June 19, 197 Page eight 1 r r 3727,Parcel 8000 LARIFI ION OF SPECIAL ASSESSMENTS l k; i4 Storm Sewer/Water/Streetsem10.C. MOTION was made b Councilman Seibol * onded bss'Counci lman Hunt to adopt RF..SOLL i IAV ' N1 a 72-2149 A RESOLUTION APPROVING IThE, ,tO A£SESS- MENT ROLL RESCINDING ASSESSMENTS LEVIED AGAINST PLAT 43727, ,PARCEL 8000, as per Staff recom^ienda- tion. Motion carried: Roll call - five dyes, 1 MOTION was made by Councilman Se011d,'sEconded by NO. 724159 A RESOLUTION APPROVING UE LEVY OF, NEW'ASSESSMENTS ON THIS PARCEL FOR STORM SEWER iAND WATER IMPROVEMENTS, as'Oee Staff recommenda- tiow. Motion carried: Roll 'call five ayes. MOTION was made by Councilman Stibold, seconded by N0. 72-2169 A RESOLUTION APPhOVING,THE LEVY AND DEFERMENT OF STREET ASSESSMENTS ON THIS'PARCEL UNTIL JANUARY 19 1976, as per Staff recommenda- tion. Motion carried: Roll call v.five ayes. RESOLUTION 72a214 Approving New Assessment Roll Re-- scinding Assessments levied Against Plat 43727 Parcel 8000. C 0 CERTAIN SPECIAL ASSESSMENTS Item 10.D. ouncilman hunt to adopt RESOLUTION RESOLUTION 72m215 Approving Levy of New Assessments on Plat 43?27, Parcel 8000 for Storm Sewer and Water Improvements Councilman Hunt to adopt RESOLUTION RTMON 72-215 Approving Levy and Deferment of Street Assessments on Plat 437279 Parcel 8000 until January 1 1976. MOTION was made by Councilman Seibold, seconded by Councilman hunt, to adopt RESOLUTION M0. 72417, A RESOLUTION TO RESCIND THE ASSESSMENTS 1), AGAINST PLAT 44224, PARCELS 100 AND 6600, as per L' - Staff recommendation, Motion carried: Roll call Rescind the Assessments against Plat five ayes. 44224, Parcels 100 and 6600 NEWN MOTION was made by Councilman Hunt,iseconded by Councilman Seibold to adopt RESOLJTION t N0, 72-118, A RESOLUTION TO REOULE THE ASSESSMENTS IRESOLUTION NO. 72418-7 ON PLAT 445940 PARCEL 6+000 as per Staff recommen- Reduce the Assessments on Plat 44591,1, dation. Motion carried; Roll call - five ayes. Parcel 6000 METHOD OF -PUBLIC UTILITIES - (See RESOLUTION NO. 724184) Item 11. A. GONE Deftirred until meeting of June 29, 1972e' BOARD OF ZONING M MIRTMEN I ..Item :1.B. Councilman Spaeth suggilsted that the Council consider Tom Bradford, Mayor Hilda stated that there eNN two pos,ltions presently open on the Board and suggested that the follow- ing be considered: JeOry Lague, president of Arrow Engineering; Robert Tremmel; Donald D. Anderson; Ira $chwaihtx; David Lee Spickett, Executive Vice President of Erickson Cor- poration; and Euge6o M i4Phemon, Administrator of St. Mary's Hospital. Councilman Spaeth agreed to contact eao.* candidate and advise the Council_ e_ June 29th mReting, Mayor Hilde adjourned the meeting at 12:10 a.m. Mina may iron Village Clerk Village of Plymouth, Minnesati% I