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HomeMy WebLinkAboutCity Council Minutes 09-18-1978Page 235 NINU'E5 REGULAR Cf (NC I L NEET T4 Ser,Lember 18, 1978 A regular meeting of the Plymouth City Courril was called t:; order ay MWr Hunt at 7:35 p.m, in thm'Councii Cheobers of the Pu0 is Works Building 3t 14900 Twenty-third Avenue North on September 18, 1978. PRESENT: Mayor Hunt, Councilmembers Hoyt, Neils, Seibold and Spaeth, Manager Hillis, Administrative Assistant Boyles, Engineer Moore, and Planner Trewre, ABSENT: None, CONSENT AGENDA* MOTION was made by Councilmember Spaeth, seconded by CouncilTember Neils, to adopt the items on the Consent. Agenda as submitted with the exception of Items 7-A, 7 -E-A and 7-D. Mption carried on a Roll Call vote, five ayes. MM ES MOTION etas made by Counciimember Spaeth, seconded by Counci%ember Neils, to approve the minut:s of the September 5 spe.:ial Council meeting as submitted, Motion carried on a Roll ;ail vote, five ayes. PUBLI%; 11ARINGS Manag jr Willis reviewed the requirements and pmceJures for thio scheduled pohlic hearings and announced ;;hat notices of the hearings were published in the P1 Muth Post, written notice was mailed to each %operty owner n the improvement area, and discussions were held at Counvil meetings on the subject pro,lects, He then explained the special assessment policy and procedilres fol l owes', by the City, A. PROJECT NO. 116 - PINETREE POND STORM SEWER Engineer Moore reviewed the drainage area included in the Pinetree Pond Storm Sewer !mnrovement project in detail, including the Hadley Lake and Pinetree Pond sub-a.eas, Mayor Hunt opened the public hearing at 7;55 p.m. Louis V arek, 1215 Peony Lane, claimed he dig not benefit from M7`Eproverent project since his home was on top of a hill and a holding pond on his property provided adequate storage for hit property. He also stated the project had taus')d damage to his property in the amount of $20,OOG resulting from drainage of the pond on his property, 235- CONSENT AGENDA* Item 4 MINUTES - SPECIAL COUNCIL MEETING SEPTEV3EC 51 1978 Item 5* PUBLIC HEARING PRO%)ECT NO, 116 P NETREE POND STORM SEWER IMPROVEMENT Item 6-A Regular Council Meeting Septenber 18, 1978 Page 236 Robert Beach, 625 Queensland Lane, Lot 4, Block 1 of the Fazendin- KrogessAddition asked that his property be included in the Hadley Lake sub -area rather than the Pinetree Pond sub -ares. He stated that there is a small lake not shown on the drainage district map that would affect some of the assessments. He also inquired what the difference in the as=essment amounts on the mailed notice and the handouts at the public hearing was due to. Manager Willis replied 7,515 for emergency pumping in 1975 and other miscellaneoun- cost were not included in the original assessment figures. Councilmember Neils stated only property with water draining directly into Hadley Lake qualified for the Hadley sub -area rate. John Morris, 18135 - 13th Avenue North, questioned whether any assessment at all cou d be made since the District Engineer has not given approval to this improvement project. He recommended that no action be taken until the District Engineer's report is acquired. He claimed this project did not benefit anyone and he suffered negative benefit since the project drained the pond on his property. Louis Oberhau,_, 1421 E. Wayzata Way, attorney for the homeowners in Che area, presented petitions protesting the assessment and inquired how Hadley Lake residents benefitted from the storm sewer in Pinetree Pond. Mayor Hunt replied the control outlet on Had'iey Lake was part of the whole project. CouncilmPmber Neils stated the outflow rate of the area must meet requirements yet uy s'Ate and federal agencies and increasing development in the area resulted in the need for this project to maintain the required outflow rate. Mr. Oterhauser stated the City must show some benefit to property owners to assess property for this project and claimed no portion of Halley Lake flows into the Pinetree Pond pipe. Tom Ritchie, 17615 - 11th Avenue, claimed the project was necessitated because owater problems north of County Road 6. He claimed residents on the south side of County Road F were not utilizing pipes installed to drain Pinetree Pond and the pond wets, of Peony Lane was no longer a pond but a mudhole. Mayor Hwit replied everyone :n the drainage district is assessed equally for a storm sewer project. Ralph C. Goodwin, 1430 Ranier Lane, questioned whether the Super Valu and PlymouthColony Apartments would be assessed for :he project. Mayor Hunt replied they would be assessed the commercial rate for the project. Mr. Goodwin asked how the apportionment of costs was arrived at and why everyone was not assessed equally.. Councilmember Neils replied the Assessment Committee had determined it would be inequitable to assess the Hadley Lake portion at the same rate as the Pinetree Pond portion. John Bremer, 1200 N. Ferndale, questioned the division of the drainage s r c or this assessment project and how the line of division war, determined. Manager Willis replied the drainage district are deter- mined by the use of topographic maps and the final determination of the division of this drainage district was based on the way the w3 ter runs. Mr. Bremer asked if the assessment rates represented 36 - Regular Council Meeting Septe*er 18, 1976 Page 1'37 a true apportionment of the costs of the project, Manager Willis replied the Hadley Lake portion accounted for 23% of the costs and Pinetree Pond accounted for 77% of the costs and the assessments were determined on this basis. William G. Peterson, attorney representing Or, b Mrs. Eimer Rustin, clalmd the project resulted in the constriction of the outflow of Hadley lake which caused a greater ponding area and higher peaks. He stated his clients' property on Hadley Lake is not benefitted by the increased water flow and without benefit there can be no charges assessed against their property. He specified certain U.S. and Minnesota Supreme Court cases which concluded there must be market value property benefit in order to make assessments. He also stated in the ca -se of Silas vs. the City of Faribault it was found a higher area not draining into a holding pond need not be included in the drainage district or the assessment. He claimed the City undertook the project to provide protection for the Pinetree °ond area which was flooded. He maintained: 1) there was no benefit, in the con- stitutional .tense of the word, to his clients' property on Hadley Lake; 2) the assessment is defective because there has been no market analys-!s to determine how much additional value will be accrued to the property as a result of this project and the City cannot charge for natural drainage which has always occurred; 3) properties which have created the need for this protect are located upstrean, and assessment to his clients is inequitable. He asked that their assessment be striken from the rolls. Lulu Winnen, 1235 Peony Lane, claimed she received no benefit from a project, which drained the pond on her property and left a weed patch, and should not be assessed. She questioned the work done on the easement across her property including the depth of the ditch and the rot.k with which it was filled. Manager Willis replied the rock was added to restrict the flow of water through the culvert because of a flooding problem the City was under order to control, Mayor Hunt directed staff to research the matter. Dave Kuehn, 17720 - 8th Avenue N., stared in 1975 when his yard was oo ed it was dete n,vined his yard drained into Hadley Lake. He requested that his property be included in the Hadley Lake sub -area. Manager Willis stated this property drains into the pipe that runs alon3 1jueen.o.land Lane, Larry Elwell, 6125 Highway 101, registered an objection to the assessmentbecause he did not gain any benefit from the project. He felt he was part of the Lydiard Lake Watershed in Orono and not part of the Hadley Lake District, Mayor Hunt replied the staff would research this claim. W. H. Williams, 1305 Peony Lane claimed the majority of residents W attended the public hearing cit which this pro-jact was ordered were against the improvement. He stated no p•cblem existed until the Merrimac Pond and the water from Imperi4o' Hills was drained into Pinetree Pond, He objected tc, this water being run into the pond,which was private property, without the residents' permission. 37- i I_ f i September 18, rage 238 1978 Manager Willis replied if a body of water that has the capacity to hold storm drainage fluctuates in fts elevation, it Is considered to be a public body of water and the City has the right to control the fluctuation of the el.evatim of the water. All necessary ease- ments for the construction of this project were obtained by the City. He also stated service areas and areas that are innundat,ed are not counted in acreage assessments. Elsie Matthews, 1120 Highway 101, registered her protest by a letter addresSe To Myor Hunt, John Muchlinski, 177'0 - 10th Avenue N., stated he has lived in his home -nceT96K and at that time his property drained into Gleason Lake until Vie direction of the flow was altered. He asked if the assessment rate was the same for the Pinetree Pond and Highway 101 storm sewer projects. Manager Willis replied it was the same. Roger Fazendin, 18700 - 11th Avenue North, stated the residents in the Hadley -'1 e sub -area had no need for this project but the flooding in Ninetree Pond necessitated the requirement for the underground pipe and control structure in Hadley Lake. He claimed the assessment for the dam on Hadley Lake was too high and asked how much of the $15,000 for dam construction was for actual construction and how much was for legal and engineering fees. Mayor Hunt replied 15% is the usual figure for engineering and legal fees in a construction project, but it was higher in this project. Engineer Moore replied the cost of the dam and outlet was approxima4ely X12,000. Mr. Fazendin inquired if the residents in the Hadley Lake drainage district would be required to pay for fidditionAl storm sewers as the area below them develops. Councilmamber Neils replied as the open areas below Hadley Lake develop the developers of each plat will be retponsible for providing the necessary storm sewers. Ralkh C. 0oodwi:, asked if the residents of the Hadley Lake sub -areaappeaif nig *assess:rtent yin their . asps,, how would it affect the acopte assessment roll? Mayor Hunt replied in that case the roll would be recast and the costs would be reapportioned including the costs incurred by the reassessment pr.;cess, John Morris stated his pond was drained by the project and inquired I#` IWe was any plan to restore it, Manager Willis replied the DNR establishes the elevation at which bodies of water ;hAll be maintained. The hearing vias closed at 9:15 p.m. MOTION was nwde by CouncilmembEr Spaeth, seconded by Councilr.wbir Hoyt, to direct the Assessment Cope:d ttee to research the assessmtnt roll for Project No. 116, Rinetree i--ond Storm Sewer, further and bring it back tc Council for adopt/ nn on October 2. Motion carried, 'Five ayes. Council recessed from 9:20 to 9:25 p,nt, and Mayor Hunt left the reeting. c38- J vi ar ,aunt. ny September 18, 1978 Page 239 Acting Mayor Spaeth assumed the ch%ir and callad th* meeting to order at 9:25 p.m, 3. PROJECT NO. 506 - T.N. 104000NT7 ROAD 6 IMPROVEMENTS Manager Millis introduced the public hearing for Project No. 506 and reviewed the history of the project, including the appor- tionment of the costs. Eogineer Moore reviewed the project area and the various types of improvements included fn the project Acting Mayor Spaeth opened the public hearing at 9:30 p.m. Duane Langston, 1525 Merrimac Lane,, asVed what procedures were followed o notify property comers fit the outset of the project. Manager Willis replied all p:-3perty owners were notified when the project was initiated in May or June of 1975 and a public hearing was held at that time. Councilmember Neils inquired' at what time this project would have beer, considered a pending assessment. Manager Willis replied at hp time Council ordered final plans and specifications for the project. PUBLIC HEARING PROJECT N0, 506 T.N. 101/C.R, 6 Item 6-B Joe Mannikko, 4U5 Nar',sus Lane, Lot 1, Block 10 of Hawthorne Ponds, ac l t at his assessment for storm sewer be striken since, according to the law, general benefits may not be considered but special benefit must be accrued to the property owner in order for the City to levy an assessment. Assessment may be only for the increase in market value accrued to his property by the project, He stated the realtor he retained to appraise his property claimed no storm sewer project would increase the value of a home and in this instance the widening of Highway 101 and resulting increase in traffic might actually lower the value of his home. Inez Martin, 1210 Highway 100 N,, stated she had advised the rr.geek Department her assessment was in error since it was based on access to Highway 101 from which she was completely shut off, Mayor Hunt replied her assessment would be corrected. bin PepmillLAr, 1025 N. Highway 101, claimed this project has not teen completed and asked if the assessment could be levied before it is completed. He claimed his property has been devalued by the project and asked for relief from the assessment, Councilmember Neils replied there is a 10% retainage that is held by the City until t:t fob is finally completed. Herb Johnson, 17435 County Road 6, has done busi.iess on the corner of Hg way TO7and County Road 6 for 45 years and felt the $18,000 assess- ment against his prnperty discriminated against him, He felt he would not receive a benefit equal to this assessment and felt it should be reconsidered, 239- Regu ar Counci Meeting September 18, 1978 Page 240 Councilmember Spaeth asked Mr. Johnson to cane in to the Engineering Department so that the City Engineer might review his assessment with him. Don Freeberg, 1125 Highway 101 N., asked if a realtor's opinion verifying thdt his property had been devalued bi this project would be acceptable by the Assessment Committer, Councilmember Spaeth replied an appraiser's opinion would to considered. Councilmember Neils stated the project costs must be apportioned between the property owners in the assessment area. Increase or decrease of market value due -to the project must be determined by the courts. Mr. Freeberg questioned the costs for curb and gutter for the project and asked if they were comparable to costs in other development throughout the City. Councilmert t_r Spaeth replied curb and gutter costs were $4.20/ft. for this project which was comparable to costs for other projects throughout the City. Mr. Freeberg noted that the sidewalk on Highway 101 was already deteriorating and asked that his assessment be reconsidered. Joe Mannikko stated the sideway: on Highway 101 was poured very ateast a 1 and the covering on much of it was blown off by the wind leaving it expos6a. He felt this caused the deterioration. Councilmember Spaeth said the City was investigating the conditions that caused the deterioration of the sidewalk. William Ludwig asked why the telephone poles had been placed in the m e of the sidewalks. Manager Willis replied because placing the poles farther back required acquiring more than the existing 66 fte right-of-way,, which would require filing of an Environmental Impact Statement, the project would have been held up for months and the FAU funds for the project would have been lost. Therefore, the poles were placed within the existing right-of-way. The hearing was closed at 10:05 p.m. MOTION was made by Councilmember Seibold, seconded by Counc611member Neils, to defer adoption of the assessment roll for Project No. 506.,, T.H. 101/County Road 6 improvements pending deliberation o` the Assessment Committee and to direct the Assessment Committee correct the assessment of Inez Martin to reflect lack of access to High, -4 '01 and to reconsider the assessments questioned at the previous puLIic hearing. Motion carried, four ayes. C. PROJECT NO. 605-001 - COUNTY ROAD 6 & FERNDALE ROAD WATERMAIN Manager reviewed the improvement area for Project No, 605-001, County Road 6 and FerndAle Road Watermain. Acting Mayor Spaeth opened the public hearing at 10:10 p.m. 240- PUBL!C HEARING PROJLCT NO.605-00' C.R. 6 8 FERNDALE WATERMAIN Item 6-C Regular Council Meeting September 18, 1978 Page 241 Don Hennin s, 18220 County Road 6. asked if he would be assessed for an average lot for his .85 acre lot with 200 ft. frontage. Council - member Spaeth replied if a parcel is dividable it is assessed for an average lot, but since Mr. Hennings' parcel is not dividable, it would be assessed for frontage and acreage. Richard 8. Troxel. 18555 - 13th Avenue N., questioned his assessment or a 5 acre lot, Councilmember Spaeth replied he is being assessed an acreage charge for water availability and there would be no further area charge in the future if the lot is subdivided. Mr. Troxel asked that his property be assessed on the basis of an average lot rather than an acreage charge. John Bremer, 1200 N. Ferndale, questioned the mount of the lateral assessment to his property. Loring Staples, Jr., 1640 Xanthus Lane, registered opposition to the proposed area assessment to his property because his house cannot benefit from the watermain since it is one-half mile from the pipe. Also, his fire protection will not be improved because of the distance of the watermain from his home. His 6.5 acre lot could not be divided into more than 2 or 3 lots because of the topography and the improve- ments he has added. He claimed no one residing alcng the watermain needs or desires public water and the entire project was proposed to serve Ferndale North and beef up the water supply for surrounding developments. He objected to landowners having no use for water having to pay the same assessment as developments which need water to develop and adjacent developments who would gain increased water pressure. 4r, Staples claimed the City of Plymouth has been negligent in allowing Ferndale North to proceed without making provision for improvements to Ferndale Road since there have been a number of accidents on this road due to increased traffic from this development, yhou k e rs should be provided and the road should be improved before additional accidents occur. Helen Rusten, 18420 - 8th Avenue N., questioned how their property would SenefTt from waterrnains one-quarter to one-half mile away when there is water on 8th Avenue four feet from their property. Mrs. Rusten stated when her property was included in the 1969 Southwest Improvement Project she presumed an area water charge was part of the assessment and she inquired as to why it was not included in that assessment. Since the omission of the water area charge to their property in 1969 was art error of the City and they will not benefit from the present improvement project, she asked that her property be assessed at the ,•ite levied for the 1969 Southwest Improvement Project, Mrs. Qorgen, 1500 Xanthus lane, concurred with Mr. Staples' comments and stated she felt the watermain was nut in to serve Ferndale North and tie would gain no benefit from the project. She commented that residents of Hadley Hills opposed construction of the water reservoir on County Road 6 also and felt that was constructed on, -y to serve Ferndale North. 241- September 18, Page 242 1978 Manager Willis reviewed the City's Wat was adopted in 1472 and stated that th and reinforced throughout the City on with development. Councilmember Neils and staging of the Water Distribution new development in the City. er Distribution System which e system was being completed an annual basis to keep up commented that the timing System w&s coordinated with Ellie 0 den, 1505 Xanthus lane, asked how Ferndale North would he assesse or this projLZt. Manager Willis replied their assessment is included in the development contract for the project. Mr. Staeles commented that up until 1968 no water distribution plan was considered for the City of Plymouth and he felt plans for water throughout the City were premature. He claimed the pipe was being run to serve a "skip" development. Wally Salovich, 1750 Troy Lane, inquired if he is not able tc %ub- ivide his property how he would be assessed? Councilmember Spaeth replied he woild be allowed to subdivide his property if he came in with a petition for sewer and water to serve the property, Mr. Salo- vich stated the configuration of his lot would make it very difficult to subdivide it and asked if he would be assesses' for the full acreage. Councilmemb•ir Spaeth responded he would be assessed for the full acreage. Don Hennings asked who was pay,ng for the Reservoir No, 4. Council - member Spaeth replied water area charges throughout the City financed construction of the Reservoir No, 4. The hearing was closed at 11:00 p.m. MOTION was made by Councilmember Seibold, seconded by Councilmember Neils, to defer adoption of the assessment roll for Project No. 605- 001, County Road 6 and Ferndale Road Watermain, until October 2 so that the Assessment Committee may reconsider the assessments questioned at the previous public heariv Motion carried, four ayes. Council recessed from 11:00 to 11:10 p.m. Acting Maynr Spaeth introduced the public hearing for Vacation of Easement on Outlot A, Belmar's Industrial Park. The public hearing was opened No one chose to speak and the at 11:10 p.m. hearing was closed at 11:10 p.m. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-582, A RESOLUTION AUTHORIZING VACATION OF EASEMENTS ON OUTLOT A, BELNAR'S INDUS- TRIAL PARK. Motion carried on a Roll Call vote, four ayes. 242- PUBLIC HEARING EASEMENT VACATION 01 ;TLOT A - BELMAR' S I NOUSTR I AL PARK I tem 6-D FESOL'1TION N0, 78-582 TUTH RZING VACATMV EASEMENTS-CUTLUT A f:ELMAR'S INDUS. PARK Item 6-G Keguiar touncii meeting September 18, 1978 Page 243 Acting Mayor Spaeth introduced the public hearing for Vacation of Niagara Lane north of 23rd Avenue. The public hearing was pened at 11:12 p.m. No one chore to speak and the hearing was closed at 11:12 p.m. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION N0, 78-5839 A RESOLUTION AUTHORIZING VACATION OF A ^OPTION OF RIGHT-OF-WAY FOR NIAGARA LANE NORTH OF 23RD AVENUE. Motion carried on a Roll Call vote, four ayes. PETITIONSe REQUESTS AND COMMUNICATIONS MOTION was made by Councilmember Hoyt, seconded by Council - member Neils, to defer action on Preliminary Plat app,%oval for Richard Smith north of 28th Avenue and west of Oakview Lane until concerns of the residents in the Creekwcod Heights area about the plat are resolved by staff. Motion to defer carried, four ayes. Manager Willis introduced the Revised Preliminary Plat Plan for RPUD 76-1 proposed by the Mission Partnership (A-338). Councilmember Neils commented that Concept Plan approval does not guarantee the number of units for a RPUP. especially as rbvisions are made in the Preliminary Plat stage. Rojer Cleu,:mnce, representikig Mission Partnership, stated this Concept Plan has been developed over four years an6 changes have been made ue to various factors including economic ones and increased awarness of the site character. The main change moves density from the center of the plat to the west, townhouse unit design, and traffic patterns were changed from the 1976 revised plans. Peter Pflaum, developer, stated the homeowner associations R the surrounding developments reviewed the revised plans and were in favor of the changes. He stated market conditions and better use of the land also were reasons for moving the higher density to the west into a more compact area. Councilmember Neils questioned pattern and felt there should County Road 9 and 36th Avenue for multiple dwellings, GH -5, the traffic be increased circulation access to North from the area proposed 6 and 7a. Harr Jensen. representing Mission Partnership, responded to Councilmember Neils' questions and stated the revised proposal placing the higher density nearer to the open space resulted in a better plan than the original Concept Plan. Councilmember Seibold objected to citizen pressure and to the density in a smaller area. to revi ing the RPUD due greater concentration of 243- PUBLIC HEARING VACATION OF NIAGARA LANE NORTH OF 23RD AVENUE Item 6-E I PORTION WAY FOR Item 6-E 78 - OF RIGHT-nF•• NIAGARA LANE PRELIMINARY PLAT RICHARD SMITH (A-723) Item 7-A page 144 CcunciimeKr:ber Hoyt expressed concern about the staging of the plans for multiple dwellings and felt it was not responsive to the RPUCOrdinance. Mr. Clemmence reviewed the development timetable for the project. There follcwed discussion of the guiding of the area and the location of the density. MOTION was made by Councilmember Neils. seconced by Councilmember RESOLUTION NO.78-579 Hoyt„ to adopt RESOLUTION NO. 78-5791, A RESOLUTION APPROVING APPROV:Nt; KEiiSED REVI`iED PRELIMINARY PLAT/PLAN FOR MISSION PARTNERSHIP PRELIF'. PLAT/PLAN RPUD 76-1 (A-338) with the addition of Condition 6 that the FOR RPUD 16-1 central and southwest orea of higher density (GH -5,6,7a) be MISSION PARTNERSHIP provided with additional access directly to County road 9 (A-338) Item 7-B without passing through the single-family area. MOTION TO AMEND was made by Councilmember Nei 1 s, seconded by Coin,icilmember Seibold, :,y deleting Conditon 5 and substituting the following: All areas other than single-family attached dwellings shall require detailed site plan approval prior to final plat stege and final determinat-,on of the number of units on those sites will be conditioned upon approval of the site plans". Motion to amend carried, four ayes. Motion to adopt Resolution No. 78-479, as amended, carried on a Roll Call vote, four ayes. Manager Willis introduced request for Final Plat approval of Robert Middlemist 5th Additio;i. The Manager questioned Mr. Middlemist about the designat;on of the plat as the 5th Addition" since there was no '4th Addition". 'lie recommenoud that the proposed Final Plat be approved as the 4th Addition for clarity for administrative purposes. Councilmember Neils commended Mr. Middlemist about the improved clean-up in the 3rd Addition and suggested compliance with the City's requirements for grading permits before doing any work. MOTION was made by Co,mr,i')i.ember Hoyt, seconded by Councilir mr,er RESOLUTION NO. 78-580 Neils, to adopt RESOLL!YION NO. 78-580, A RESOLUTION APPROVING A. RPV . G FAL PMS FINAL PLAT AND DEVELOPMENT :ONTRACT FOR ROBERT MIDDLEMIST 5TH DEVELOPMENT CONTRACT ADDITION FOR MIDDLEMIST, INC. (A-735) ROBERT MIDDLEMIST Motion carried on a Roll Call Vote, four ayes. STH ADDITION (A-735) Item 7-C MOTION WAS MADE BY Counci lme*er Hryt, Secondee. by 'ounci lmember Neils, to adopt RESOLUTION NO. 78-581, A RESOLUTION SETTING CONDITIONS TO BE MET PRIOR TO FILING FI14AL PLAT FOR ROBERT RESOLUTION NO. 78-581 MIDDLEMIST 5TH ADDITION FCk MIDDLEKIST, INC. (A-735) MOTION TO AMEND was made by Counciln ember Spaeth, seconded FOR FINAL PLAT by Councilmember Neils, by ...iding Condition 5 that manholes ROBERT MIDDLEMIST shall he blackte:pped 1 ft. oat for every 1/2 in. up and to 5TH ADDITION (A-735) maintain them in this condition. Item 7-C Motion to aip end carrit.-i, four ayes. Motion to adopt RESOLUTION NO. 73-581, as amende3d, carried on a troll Call Vote, four ayes. 244- Regular Council Meeting September 180 1978 Page 24R Acting Mayor Spaeth P.S.C.-Professional the intended use of replied storage of in the lot will be serviced. questioned Bob Mayeron, Vice President of Services Group at 625 County Road 18 about the parking lot for outside storage, lie non -passenger vehicles and related equipment limited to 34 days while equipment is being NOTION teas made by Councilmember Seibold, seconded by Council - member Neils, to adoot RESOLUTION NO. 78484, A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OFFICE AND OUTSIDE STORAGE USES FOR P,S.C.-PROFESSIONAL SERVICES GROUP AT 825 COUNTY ROAD 18 (A-768). Motion carried on a Roll Call vote, three ayes, Acting Mayor Spaeth voted nay, Planner lremere introduced the request for vdriance from Section 9.02 of the City Ordinances and Lot Division for Unplatted land for Volp Construct -ion Company (A-750) to permit conveyance of unplatted land less than five acres. Mr. Tremere questioned if it was possible to require a development contract without final platting. Councilmember Neils expressed concern about building on ars industrial site before the land is platted and there is a development contract. He also opposed approving a lot division by subdivision waiver, MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to deny the request of Volp Construction Company for variance from Section 9.02 of the City Ordinances and lot division of unplatted land. Motion to deny carried, four ayes, MOTION was made by Councilmember Spf.eth, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-585, A RESOLUTION APPROVING LOT DIVISION/CONSOLIDATION Kk EXISTING PLATTED LOTS FOR WILSON-ROBINSOA (A-852). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, secunded by Council - member Neils, to adc-pt RESOLUTION NO, 78-586, A RESOLUTION APPROVING LANDSCAPE BOND WULTION FOR WAGNER-SPRAY1 CH SITE AT 1770 FERNBROOK LANE (A-564). Motion carried on a Rall Call vote, Five eyes, 245- RESOLUTION N0. 78-584 USE PEkMIT FOR OFFICE b OUTSIDE STORAGE USE P.S.C.-PROFESSIONAL SERVICES GROUP (A-768, Item 7-D LOT DIVISI'ONIVARIANCF VOLP CONSTRUCTION A-750) Item 7 -E-A kESOLUTION N0, 78-585 TL' CONSOLt!)ATION FOR EXIST)nG PLAT7'1'0 LOTS WILSON - ROR i NSON (A-852', Item 7 -E -B• RESOLUTION N0, 78-586 APPROVING BOND REDUCTION WAGNER-SPRAYTECH A-564) Item 1-F* f ' Regular Council Meeting September 18, 1978 Page 246 NOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-587, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR STREET LIGHTING FOR DEERWOOD MEADOWS (PHA';i I) A-784). Motion carried on a Roll Call vote, four ayes. Councilmember Neils abstained. MOTION was made by Cot!ncilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-588, A RESOLUTION ACCEPTING PETITION FOR IMPROVEMENT TO MEDINA ROAD FROM NIAGARA LANE TO VICKSBURG LANE. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-d89, A RESOLUTION RECEIVING PRELIMINARY REPORT AND ORDERTNG PROJEC' STREET LIGHTING FOR BURL OAKS ADDITION. Motion carried on a Roll Call vote, folir ayes. Councilmember Neils abstained. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-590, A RESOLUTION RECEIVING PRELIMINARY REPORT AND ORDERING STREET LIGHTING FOR NATHAN TRAILS ADDITION, Motion carried on a Roll Call vote, four ayes. Councilmember Neils abstained. MOTION was made by Councilmember Seibcld, seconded by Council - member Neils, to adopt R.ESOLUTiON N0, 78-5919 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT N0. e04, FF.RNBROOK LANE SGUTH OF COUNTY ROAD 9. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council. member Hoyt, to adopt RESOLUTION N0, 78-592, A RESO!.UTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 806 AND 809 EXCEPT FOR PINEVIEW LANE AREA SOUTH OF 58TH AVENdE. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-593, A RESOLUTIOW APPROVING CHANGE ORDER NO.. 1 FOR PROJECT NOS, 811 AND 813. LOST LAKE AND OAKVIEW LANE WATERMAIN, ADDING $10,194.00.0 Motion carried on a Roll Call vote, four ayes. 246- RESOLUTION N0. 78-587 ACCEPTETITIO 8 ORDERING REPORT STREET LIGHTS FOR DEE9400D MEADOWS(A-784 item 7 -G -A* RESOLUTION N0, 78488 ACCEPTING PETITION FOR IMPROVEMENT TO MEDINA ROAD Item 7 -G -B* RESOLUTION NO. 78-589 ORDERING STREET LIGHTS BURL OAKS ADDITION Item 7 -H -A* RESOLUTION NO. 78-5?0 RECE IV iF +DEPORT ORDERING STREET LIGHTS FOR NATHAN TRAILS ADDITION Item 7 -H -B* RESOLUTION NO. 78-591 C ORDERING ADV, FOR BIDS PROJECT N0, 804 FERNBROOK LANE Item 7 -I -B RESOLUTION N0. 78-592 C ORDERING ADV. FOR BIDS PROJECTS 806/809 EXCEPT PINEVIEW LANE SOLITH OF 58TH AVE. Item 7 -I -A R@S0 L OAN N0, 78 593 NGE ORDER N0, 1{ PROJECTS 811/813 LOST LAKE 8 OAKVIEW LANE NATERMAfN Item 7-J Regular Council Meeting September 18, 1978 Page 247 MOTION was made by Councilmrober Spaeth, seconded by Council- RESOLUTION N0. 78-594 member Neils, to adopt RESOLUTION NO. 78-594, A RESOLUTION REQUEST AUTHORIZING PAYMENT UPON REQUEST FOR PAYMENT NO. 1 IN THE 1978 STREET IMPROVY14ENTS AMOUNT OF :8.258.89 TO HARDAIVES, INC. FOR 1978 STREET Item 7-K-1* IMPROVEMENTS. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION wl. 78-595 member Neils, to adopt RESOLUTION NO, 78-595, A RESOLVi'(ON RE U. "))ATRERr- AUTHORIZING PAYMENT UPM REQUEST FOR PAYMENT N0, 1 IN THE PROJECT NOS. 811 b 813 AMOUNT OF $53*944.87 TO NODLAND ASSOCIATES, INC. F( PROJECT LOST LAKE & OAKVIEW LN, NOS. 811 AND b139 LOST LAKE AND OAKVIEW LANE WATERMAIN. WATERMAIN IMPROVEMENTS Item 7-K-2* Motion carried on a Roll Call vote. five ages. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTIO N0. 78-596 member Neils, to adopt RESOLUTION NO. 78-596, A RESOLUTION Rei AUTHORIZING PAYMENT UPON REQUEST FOR PAYMENT NO, 11 IN THE GENERAL CONTRACTOR AMOUNT OF =63,500.00 TO H.P. DROHER 6 SONS, INC. FOR CITY CITY HALL PROJECT HALL BUILDING PROJECT N0, 615. N0. 615 - Iterr. 7 -K -3a* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-597 mwber Neils, to adopt RESOLUTION X10, 78-597, A RESOLUTION REQUEST R FANME AUTHORIZING PAYMENT UPON PTQUEST FOR PAYMENT NO. 8 IN THE MECHANICAL iON'"RACI'OR AMOUNT OF $15930.00 FOR CITY HALL BUILDING PROJECT N0, 615. CITY HALL PROJECT NO. 615 - Item 7 -K -3b* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 78-598 member Neils, to adopt RESOLUTION NO. 78-5981 A RESOLUTION REQUEST AUTHORIZING PAYMENT UPON REQUEST 7011 PAYMENT NO, 8 IN THE ELECTRICAL CONTRACTOR P'WNT OF $29,5Gi1.00 TO WEAVER ELECTRIC COMPANY FOR CITY CITY HAIL PROJECT HALL BUILDING PROJECT NO, 615. N0. 615 - Item 7 -K -3c* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibcld, seconded by Council- RESOLUTION NO. 78-599 member Neils, to adopt RESOLUTION NO. 78-599, A RESOLUTIONlAl If AUTHORIZING A REFORESTATION PROGRAM AS PROPOSED IN PARK Item 7-L DIRECTOR'S MEMORANDUM DATED SEPTEMBER 13, 078. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council- RESOL1116ION N0. 78-600 member Neils, to adopt RESOLUTION NO. 78-600, A RESOLUTION APPOVING AUTORGUICE APPROVING AUTOMOBILE DEALER LICENSE FOR BALDWIN CHEVROLET DEALER LILENSE 411 FOR NEW AND USED CAR SALES AT 8925 - 56TH AVENUE NORTH FOR BALLWIN CHEVROLET PERIOD ENDING APRIL 31, 1979, Item 7-M Motion carried on a R-11 Call vote, four ayes. ReSepgular o 8ci19M7e8et1ng Page 248 REPORTS OF OFFi ERS. BOARDS AND COMM:SSIC'ES TION wois made by Councilmembes Ikw:ls, seconded by Council - member Spaeth, to appoint John Wire to the Pla"Ping Coma%!ssion to fill the at -large vac:anq existing for a term ending •lanuary 30, 1930. Motion carried, four ayes. MOTION was made by Councilmember Neils, secnfided by Council - member hoyt, to adopt M ILUTION NO. 78-60, A RESOLUTION ACCEPTING THE PROPOSAL OF PERSONNEL DU_ jLSI(%, INC. FOR DE'fLLOPMENT AI(D IMPLEMEN'ATION OF A SELECTION PROCESS FOR THE POSITION OF POLICE CHEF. Motion carried on a Rca1 Call vote, fotr ayes. Ccvncilmember Neils :)sked Ccuncil to give consideration to utilizing the same type of selection process in the future for the selection of pateolmen. Manager Willis rwviewed the Met yripolitan Council's a Water Quality Management Development Guide/Policy and conmented on its recommendations for expansion Medina Wpstewater Tr_atment 91ant. MOTION was made by LlUncilmember Neils, member Seibold, to accept the Manager's his memorandum dated September 15, 1978 Offer to Purchase for the old city hall Norman E. Dryer. Motion carried, four ayes. The meeting was adjourned at 1:20 p.m. RESOLUTION N0, 78-601 AECEPTING PROPOSEW PERSONNEL DECISIONS,INC, FOR SELECTION OF NEW POLICE CHIEF I ter.; 8-B draft of WATER QUALITY MGT, Plan DEVELOPMENT GUIDE/ of the POLICY PLAN Item 8-C seconded by Council - recommendation in relating to the site made by My Clerk J i48- OLD CITY OFFER TO Item 8-0 HALL SITE IPURCHASE