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