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HomeMy WebLinkAboutCity Council Minutes 02-10-1975 SpecialPage 52 U r MINUTES O CIAL COUNCIL MEET1114G February 10, 1575 A special ntertf ng of the Plymouth City Council Was Called to order LNy Mayor Ni l de at 7: 35 P.M, in the Cdunci 1 Chambtr:, of the Publ is works Bui I df nq`r10, 1a 900 Twenty- third Avenue; North, on Feb %carp 1975. PRESENT: yor Hilde, Counci limen Hunts Nei 1 s , Sei bold and Spaeth, Manager Ntl tis , Etigineer Goldberg-.. Planner Ditlerud, Attorney Lefler, Consulting, Enalneer 0?; son, Deputy City Clerk Bui ni ck. ASSENT: lone. MINUTES MOTION was made by Councilman Neils, seconded by Councilman Spaeth, to approve the minutes of the January 31, 1975 s"pial Council meeting. Motion carried, five ayes. MOTION was made by Councilman,Seibold, seconded by Councilman Neils, to approve the minutes of the FEbruary 3, 1975 regular Council Meeting. It was 6oted that on page 42, second paragraph, motion was made by Councilman Seibold and seconded by Councilman Hunt, Also on that page, last paragraph, the vote was four ayes - Council- man Spaeth voted nay, Motion to approve the minutes carried, five ayes. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to approve the minutes of the February S. 1975 special Council meeting. Motion carried, five ayes. Mayor Hilde informed the Council that he h dd received a letter from Governor An -le rson, in response to h Ils letter regarding the Open Meetinq Law,, The Governor referred him to the Attorney General's office, Mayor Hilde said he had received a letter from Al Hall, thanking the Council fcir time afforded him during the Council's recent consideration of the MTC. Mayor Hilde told the Council he had received a petition from residents of Chelsea Mews for a change in street riair. a from 141, Avenue North 0 Uostoll Court, Council agreed thet such petitions had merit, and the matter was referred to staff '13% be later returned to the Council with recommendation! possibly it, terms of an overall policy% MINUrTES - SPECIAL COUNCIL MEETING - JAWJARY 31, 1975 Item 4-A MINUTES - REGULAR COUNCIL MEETING - FEBRUARY 3, 1975 Item 4-B MINUTES - SPECIAL COUNCIL MEETING - FEBRUARY 5, 1975 Item 4-C U n v V ces n e y s o c a newspaper, the New Ho, Plymouth Post; (2) mailed notices to properfty owners within the improvemen argea,,;as identified by the Hennepin County Auditor's tax statemer ."bailing list; (3), announcements and discussions at Council meetings; and (4) newspaper write-ups which reported the Council's disloussion of the subject. Manager 1i 111 s exp l ai ned the City's assessment poi cy and informed the ci ti zens that the casts for the improvemnts would be) borne by Carlson Compani qs ano the Humphrey property, as petitioners, except for the stovin sewer, which would be assessed to 00nefi ti ng properties, Mr. Willis explained that the commercial/industrial property would be assessed at 2h times per square foot the assessment of the residential property, Consulting Engin, ,r Olson informed the citizens that Project No. 416 involves sanitary sewer, water main, :storm sewer and street construction in the Carlson Companies Addition, and provided cost estimates for the construction. Mayor Hilde opened the public hearing at 7:50 P.M. Bob Berkwitz, 12755 State Highway 55, representing Carlson Umpanies, spoke in favor of the improvement. He said he felt the development would be gooO for the City of Plymouth. It would be similar to the Minneapolis Industrial Park development, which has plenty of open space and attractive buildings. Clarence LaPointe, 435 Zinnia Lane, asked how the storm sewer would benefit him, as he 1 i ves on a hill, Mayor Hilde expl ai ned' that storm sewers are paid) for by everyone living within a drainage district. Mr. Olson stated any property which contributes to the drainage shares in the costs. Russ Nahorni a, 414 Berkshire, asked if this wast;' t a duplication of assessment, as he had already been assessed for storm sewer. He also said that the notices received in the mail did not clearly i Benxi fy which properties might be assessed. Mayor Hilde explained to Mr, Nahorniak that he might ht:ve paid another storm sewer assessment, that such work is often done in stares, as development detk-3nines need. ayor Hilde also mad over the notice mailed to property owners and acknowledged the ambiguous language. Names were read of those property Owners prorlsed to e assessed for storm sewer, and it was determined that all were present at the h Ari ng, Leroy Waisole, 510 Berkshire, asked if storm sewer would be All that the homea ners would be assessed for. Reply: yes. Mr. Wensole asked if the improvements should be pstltioned for. Reply: yes -- they were petitioned for by Carlson Companies. Mr. Wensole expressed strong opposition to the project, He said Carlion Companies would be the main benefactor, and that the homeowners wo ld receive such a small amount of benefit that they should not be as$essed in this manner, a Special Counci'i Meets Ng February 10, 1975 0 Page 53 PUBLIC HEARING Mayor Hilde outlined the agenda for the public hearing on PROJECT N0. 416 - CARLSON Project No. 416 - Carlson Companies Addition., Manager Willfs COMPANIES ADDITION said that notice of the hearing had --been given through (1) pub- Item 5 ` J lashed n ti` i t Cit ' ff• 1 1 n v V ces n e y s o c a newspaper, the New Ho, Plymouth Post; (2) mailed notices to properfty owners within the improvemen argea,,;as identified by the Hennepin County Auditor's tax statemer ."bailing list; (3), announcements and discussions at Council meetings; and (4) newspaper write-ups which reported the Council's disloussion of the subject. Manager 1i 111 s exp l ai ned the City's assessment poi cy and informed the ci ti zens that the casts for the improvemnts would be) borne by Carlson Compani qs ano the Humphrey property, as petitioners, except for the stovin sewer, which would be assessed to 00nefi ti ng properties, Mr. Willis explained that the commercial/industrial property would be assessed at 2h times per square foot the assessment of the residential property, Consulting Engin, ,r Olson informed the citizens that Project No. 416 involves sanitary sewer, water main, :storm sewer and street construction in the Carlson Companies Addition, and provided cost estimates for the construction. Mayor Hilde opened the public hearing at 7:50 P.M. Bob Berkwitz, 12755 State Highway 55, representing Carlson Umpanies, spoke in favor of the improvement. He said he felt the development would be gooO for the City of Plymouth. It would be similar to the Minneapolis Industrial Park development, which has plenty of open space and attractive buildings. Clarence LaPointe, 435 Zinnia Lane, asked how the storm sewer would benefit him, as he 1 i ves on a hill, Mayor Hilde expl ai ned' that storm sewers are paid) for by everyone living within a drainage district. Mr. Olson stated any property which contributes to the drainage shares in the costs. Russ Nahorni a, 414 Berkshire, asked if this wast;' t a duplication of assessment, as he had already been assessed for storm sewer. He also said that the notices received in the mail did not clearly i Benxi fy which properties might be assessed. Mayor Hilde explained to Mr, Nahorniak that he might ht:ve paid another storm sewer assessment, that such work is often done in stares, as development detk-3nines need. ayor Hilde also mad over the notice mailed to property owners and acknowledged the ambiguous language. Names were read of those property Owners prorlsed to e assessed for storm sewer, and it was determined that all were present at the h Ari ng, Leroy Waisole, 510 Berkshire, asked if storm sewer would be All that the homea ners would be assessed for. Reply: yes. Mr. Wensole asked if the improvements should be pstltioned for. Reply: yes -- they were petitioned for by Carlson Companies. Mr. Wensole expressed strong opposition to the project, He said Carlion Companies would be the main benefactor, and that the homeowners wo ld receive such a small amount of benefit that they should not be as$essed in this manner, a Special Gaunci l Meeting February 1 0,- 1975 Page 54 Gordon Nelson, 408C No. Berkshire, said that he, thought it was unfair that, he was previously assessed'for'the Beacon Heights storm sewer' and would now be assessed for this storm sewer. He felt that the property owners of, the Beacon Hei ghts ,area should help pay for this storm sewer, as)he had helped pay for theirs, a Mayor Hilde explained that it was not accurate that Mr, NelsOrn was paying for another area s benefl t, that in fact the was paying for thr 'Arainage from, his property,' which contributed to the drainage district, Mr. Nelson's- `assessment .,for the Bgacon'' Heights storm sewer resulthd from oversizina)in the pipe to acicommotate dreinage from his property. Terry Blakeborough, 425 Zinnia, asked how it was deterrfted who is within a drainage area, He also stated that'Carlson Companies had purchase' the land when it was swamp}, He asked why they,would howl be allowed to fi i1 it in and develop .fit, and the homeowners have to be assessed for drainage as a result, Mr. Olson explained the procedure wherein an engineering determination is made as A to drainage district. Mayor Hilde explained the City's policy regarding maintaining wetlands in Plymouth, Where an area has been designated as a major requirement area for drainage, per,, mission is not granted to fill it in. the City does recocaize the need for commercial/ industrial development, and thereby does allow areas of, lesser importance to the Storm Drainage Plan to be filled in, The City then assesses that commercial/industrial property at a rate 2% times that assessed residential, Dave Nygren, 420 Berkshire, spoke against the project, He said the homeowners would be assessed an amount they could not recover in their ultimate selling price, Phil Collins, 305 Vinewood lane, asked about County Road 61, Mr, Olson replied that there are no plans for a tie-in to Vinewood, Mr, laPci me reiterated that all six homeowners are opposed to the project, Mr. Nahorniak said that he depends presently on the water which has been going downhill and settling in his marsh for the water table. He said that cgntrary to any benefit from the -project, he will suffer a hardship, It would therefore be wrong for -him to pay for something that is more of a detriment than a benefit, Thurmond Slack, 525 Wedgewood, asked about the work being done presently ih his area, Mr, Olson explained that was sub -grade excavations, Mr, Slack asked if Wedgewood would bn left a deadmend road, Reply: yes, Clarence Gordon, 13512 County Road 15, asked about his property, Mayor Hilde said that the north part of his property would be in the district, the rest is out, 0 Mr, Wensole asked if consideration coule be given to moving the line 400 feet so as to save the six property owners, Mayor Hilde explained that the exact placement of the line has no relationship to the drainage within the district, Those property owners would still contribute drainage 0,arever the pipe is, Mn,, Norman Carlson, 415 Wedgewood, asked if the Council was considering the value of the marshes, Mayor Hilde repeated that Plymouth does have a policy of wetlandk,,> preservation, d', • Sp'ectal Council Meeting P February 10, 1975 I' Pa'ge 55 Mri. Wensole said that the map of the Tho wghfare Guide Plan showed a road through the homes on Berkshire. Mr. Willis e4vial ned that that road would only go through if developmpr.t takes place where thos8\,homes now exist. Jerry Johnson, 330 Wedgewood Lane., wantt-1 the Council to know that there were a nukber of residents from Wedgewood Lane present at the meeting. Mr. Nygren asked %that additional costs there would be. Mayor Hilde and Councilman Hunt explained that they would only pay for storm sewer. The,—her,improvements would only be for the area petitioned for. Mr. Olson pointed out that water trunk service would be available if wanted by the homeowners. Mr. Nygren, Mr. Gordon, Mr. Nahorniak and Mr. Wensole indicated they d not want i t. Mayor Hilde closed the public hearing at 9:25 P.M, Mayor Hilde suggested that the Council look at two questions: (1) the question of culpde-sacs on Berkshire Lane; and (2) whether we need to go to the expense of building a 60" pipe going to fend BC444. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to delete the Pipe to Pond BC -P-24, and that the open ditch take its place. Motion carried, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman veils, that within the Carlson Companies Addition Project No. 416 that provision be made for a gravel cul-de-sac at the end of Berkshire immediately south of the alignment of new County Road 15. Motion cartied, f; ve ayes, MOTION was made by Councilman Neils, seconded by Councilman Spaeth, that the water line from new Berkshire to Peripheral Road be included as part of water improvement in this project. Motion carried, five ayes. W ION was made by Councilman Hunt, seconded by Councilman Neils, that staff be directed to 7.ome back with trail re -alignment to provide the sore kind of trail service so that it can be included. Motion carried, five ayes. MOTION was made by Mayor Hilde, seconded by Councilman Hunt, to direct the staff to develop a proposed assessment plan for homeowners in the south, to take into account their situation in terms of length of assessment and anything else that would give relief. Motion carried, five ayes. MOVIN was made by Councilman Aunt, seconded by Councilman Seibold, to extract that ortion of the minutes of the February 6 Council meeting which dealt with County oad 15 al i gntnent. M^ti on carried, five ayes,, ( extract follows) MOTION was made by Councilman Neils, seconded by Councilman Hunt, that staff, in working out these details with the County Highwq Department,, express and persuade to the extent practicable that jurisdiction to a Council position that new County Road 15 should be continued to the bridge at its ultimate urban section, and that ofd County Road 15 be provided with a rural section junction that provides a safe intersection, Motion carried, five ayes. The Council indicated that Berkshire Lane, between present County Road Specs al Cgunci l Mlietthg February 10. "1975 Page 56 15 and proposed County Road 15 not be connected and that a gravel cul-de-sac or turn -around be provided at the north end. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to combine Project Nos, 306 and 416. Motion carried, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION NO. 75-949 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - PROJECT N0. 416 - CARLSON COMPANIES ADDITION - TAKING INTO ACCOUNT ALL OF THE PREVIOUS MOTIalS JF THE COUNCIL REGARDING THIS PROJECT. Motion carried on a roll call vote, five ayes. PETITIONS. REQUESTS AND COMMUNICATIONS MOTION was made by. Councilman Hunt, seconded by Councilman Spaeth, to adopt kESOLUTION N0. 75-95, A RESOLUTION APPROVING REQUEST FOR PAYMENT.WO. 5 - PROJECT NO. 302 - WATER TREATMENT PLANT. Motion carried on a roll call vote, five ayes, MOTION ,ias made by Councilman Spaeth, seconded by Councilman Hunt, tr adopt RESOLUTION N0, 75-960 A RESOLUTION APPROVING REQUES',' FOR PAYMENT NO, 2 - PROJECT NO, 306 - XENIUM LANE SOUTH,OF RAILROAD TRACKS. Motion carried or; a roll call vote, five ayes. MOTION was made by Councilman Neils, seconded by Councilman Hunt, to adopt RESOLUTION N0.,75-97, A RESOLUTION APPROVING REQUEST FOR PAYMENT NO. 3 - PROJECT NOS, 307, 406 AND 407 - RADISSON INN SITE, CREEKWOOD HEIGHT STORM SEWER AND 25TH AVENUE STREET SURFACING, Motion carried on a roll call vote, five ayes. N f REPORTS Or- OFFICERS, BOARDS AND COMMISSIONS It was noted that Ken Jaeb of the City's auditing firm, Moen and Pentti 1 a, had spoken with Council rembers during the Plymouth Forum, prior to the formal meeting, and submitted a written report, The firm identified no specific material problem at this time, Mr. Willis explained been participating in no cost to the City, is now being asked to that since the past year Plymouth has the Al cihol Safety Action Prosect at For continued participation, the City contribute 50% of total costs. It was 0 RESOLU'iION N0, 744 REQUEST FOR PAYMENT N0. 5 - PROJECT NO. 302 - WATER TREATMENT PLANT Item 64 RESOLUTION NO, 75-95 REQUEST FOR PAYMENT N0. 2 - PROJECT N0, 306 - X01 UM LAXE SOUTH OF THE RAILROAD TRACKS Item 6•B RESOLUTION NO, 75-96 REQUEST FOR PAYMENT NO, 3 - PROJECT NOS, 3079 406 .AND 407 - RADISSON INN SITE, CREEKWOOD HTS, STORM SEWER AND 25TH AVENUE STREET SURFACING Item 6-C RESOLUTION N0, 75-97 r"ROGRESS REPORT - 1974 CIT`.' AUDIT Item 7-A STATE OF MINNESOTA jSHENNEPINCOUNTY ALCOHOL SAFETY ACTION PROJECT Item 7-r xc,fa Lounce . _ _ting February 10. 1975 Page 57 staff recommendation that the. City continue with the program. Z Councilmen Hunt expressed concern re possible harassment. Mayor Hi 1 de asked that Chief Hawkinson note Council's concern and check into this. Councilman Hunt asked staff to find out horn many, stops are being made, and how this compares to other communities. MOTION was made by Councilman Neils, seconded by Councilman Hunt, to adopt RESOLUTION NO. 75-989 A RESOLUTION APPROVING CONTINUED PARTICIPATION IN 'rHE ASAP PROGRAM, Motion carried cn a roll call vote, five ayes. Council noted the staff remi,nder of the upcoming Legislative Action Conference sponsored by the Leagu.: of Minnesota Municipalities, February 26 at the St. Paul Arts and Science Center, MOTION was made by Councilman Hunt. seconded by Councilman Sc i bold, to adopt RESOLUTION N0. 75-99% A RESOLUTION ESTAB- LISHING MUNICIPAL STATE AID HIGHWAY - 49TH -AVENUE NORTH BETWEEN ZACHARY LANE AND WEST MEDICINE LAKE DRIVE. Motion carried an a roll call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION N0, 75-100. A RESOLUTION El'4B- LISHING MUNICIPAL STATE AID HIGHWAY - LARCH LANE BETWEEN CSAH 9 AND 49TH AVEN1.1 NORTH, Motion carried on a roi 1 call vote, five ayes. MUTIJN was made by Councilman Hunt. seconded by Councilman Seibold, to adopt RESOLUTION NO, 75-1011 A RESOLUTION ESTAB- LISHING MUNICIPAL STATE AID HIGHWAY - 39TH AVENUE NORTH BETWEEN CSAR 18 AND ZACHARY LANE. Motion carried on a roll call vote, five ayes. DISBURSEMENTS MOTION was rade by Councilman Seibold, seconded by Councilman Hunt, to adopt RESOLUTION NO, 75-1026 A RESOLUTION APPROVING FOR PAYMENT DISBURSEMENTS FROM TNr GENERAL FUND. CONSTRUCTION FUND, WATER FUND, SEWER FUND AND SPECIAL ASSESSMENT FUND TOTAL- ING $629,776.73 FOR THE PERIOD ENDING JANUARY 31, 1975, Notion ca-ried on a roll call vote, five ayes. Mr. Willis noted that the City would be making a payment for emergency snow plowing. Mayor Hi1de asked staff to prepare a resolution transferring monies from the Contingency Fund to the Striet Fund for such payment. 57- 0 C RESOLUTION NO. 75-98 LEGISLATIVE,ACTION CONFERENCE Item 7-0 REVISIONS TO MSA SYSTEM Item 7-E RESOLUTION N0, 75-99 RESOLUTION N0, 75-100 RESOLUTION NO. 75 -?J1 DISBURSEMENTS FOR PERIOD ENDING JANUARY 31,, 1975 I tem 8 RESOLUTION NO, 75-10? ec a wunc, i . no Februery 10, 1975 Page 58 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (contd.Z Mr. Dillerud submitted t1ae report of the Park and Recreation Advisory Commission re their deliberations on park and trail programs for the ner,t five years. The report contains no recoiwendati ons re community parks at this time. The essence of the recommendations is that the Commission and staff see a need for the City to be in as good a position in terms of park and trail plans as the City maintains with sewer and water, etc. Mr. Dillerud said that the staff initially recommended that neighborhood parks be done by consultant servi ces . The Commission, however, felt this could be handled in-house, Staff agreed to try it that way. Regarding trails, it was agreed that consultant services would be required, It was the feeling of the Commission that once a system plan is complete, one park should be constructed on a turn -key basis. That is, the design of the park, the letting of bids, engineering inspection, etc, would all be done by one firm -- then "turn -keyed" over to the City. This would be an eioerimental, one-time approach which could then be evaluated as to its effectiveness. Mayor Hi1de suggested the Council proceee. as follows: (1) approve recommended resolution no. 1, authorizing development of the system plan; (2) approve recom.vnded resolution no, 2, beginning the process of consultant selection for the trail, system plan, askirg Councilman Seibold and Park and pwc;Mation Advisory Commission Chai man Pete Thomsen and Planner Dillerud to develop criteria for consultant selection, Once the criteria are adopted, the sate three persons, with primary input from Mr. Di ilerud, would contact consultants and analyze them in rpl ati on to the criteria. The recommendations would be brought to the Comas ,sion an, Council, possibly even meeting in joint session. Mayor Hilde also noted that Planning Commission input should be coordinated, Councilman Neils pointed out that before the overall system plan is complete, development of criteria for neighborhood paries can take place, It can be developej in parallel with the system plan, The one park approach can also be developed at the same time, MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO, 75-103, A RESOLUTION AUTHORIZING DEVELOPMENT OF PARK SYSTEM PLAN. Motion carried on a roll call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO, 75-104, A RESOLUTION AUTHORIZ- ING DEVELOPMENT OF A CONSULTANT SELECTION PROCESS FOR PREPARA- TION OF A TRAIL SYSTEM PLAN, BASED ON THE GUIDELINES STATED ABOVE BY MAYOR HILDE IN TERMS OF A COMMITTEE PROCESS, Motion carried n a poll call vote, five ayes, PARK AND TRAIL RECOMMENDATIONS Item 7-B t RESOLLTION NO. 75-103 RESOLUTION NO. 75-104 F1 February 10, Page 59 1975 MISCELLANEOUS 1 Mayor Hilde reported that a meeting of suburban mayors had again taken place, where had been discussed a response to the mce<<t Bowntown Council report which showed Minneapc1is receiving lesser benefits from state aid:;. Ve said the su`.uYtI :in Chambers of Commerce will develop a roport setting forth the suburban opinion. Councilman Seibold stated that he had answers to questions previously asked regarding parks. 1. All park signs are up except two. Those two needed post repair and by the time they were fixed the-olround was too hard. They will to reinstalled in the %pring. 2, The Park and Recreation Advisory Commission is as concerned as the Council re the effect of the Hennepin County regional park peoposal on the City's park system. They intend to have input and stuagy the proposal in greater depth. 3. The Council will receive a report from Park Di recvor Roger Burton shortly regarding what has been done by the department on parks. Councilman Hunt reminded Council noembers of the meeting Thursday night with Metropolitan Council representative Robert Short. Councilman Spaeth expressed sone concerns re the hennepin County regional park roposal: (1) access should be off County Road 9, and (2 that it not extend too far to the east. Mayer Hilde adjourned the meeting at 1r;-30 P.M. 11 SUBURBAN MAYORS MEETING PARKS a MEET14G WITH ROBERT SHORT HENNEPIN COUNTY REGIONAL PARK 171 o n c k ivputy Ci +y Clerk 7