Loading...
HomeMy WebLinkAboutCity Council Minutes 02-20-1979 SpecialPage 44 MINUTES SPECIAL COUNCIL MEETING February 20, 1979 A special meeting of the Plymouth City Council was called to order by Mayor Hunt at 7:40 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on February 20, 1979. LJ PRESENT: Mayor Hunt, Councilmembers Hoyt, Neils and Seibo h, Manager Willis, Administrative Assistant Boyles, Park Director Born, Engineer Moore, Planner Tremere and Attorney Lefler. Councilmember Spaeth arrived at 7:45 p.m. ABSENT: None, CONSENT AGENDA* MOTION was made by Councilmember Seiboi%4,; seconded by Council- CONSENT AGENDA member Neils, :o adopt the items on the Consent Agenda as Item 4 submitted. Motion carriel on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Seibold, seconded by Council- MINUTES - SPECIAL member Neils, to approve the minutes of the February 12 special COUNCIL MEETING Council meeting as submitted. FEBRUARY 5, 1979 1 teen 5* Motion arried on a Roll Call vote, four ayes. Councilmember Spaeth arrived at the meeting at 7:45 p.m. PUBLIC HEARINGS Manager Willis reviewed the requirements and procedures for the public hearings and announced that notices of the hearings weee published in the PlyMuth Post, written notice was mailed to each property owner in t. the improvement Area, and discussions were held at Council meetings on the subject projects. He then explained the special assessment policy and procedures followed by the City. A. Project 80: - Larch Lane from 45th Ave. to Soo Line Railroad PUBLIC HEARING PROJECT 802 Engineer Moore described the proposed improvements to Larch LARCH LANE -45TH AVE. Lane from 45th Avenue to the Soo Line Railroad in detail TO SOO LINE R.R. and reviewed the costs involved, The Manager pointed out Item 6-A that the timing of this street widening project is due to the unprecedented development that has occured in this area since the sani-6-ary sewer went in. This development demands that these roads be improved to full urban section and uitimate design standards. 44- Special Council Meeting February 20, ' ^'^ Page 45 Mayor Hunt ^pened the public hearing at 7:55 p.m. Moe Klin ele, 4710 Larch Lane, questioned why the bituminous curb Fnstalled in the 1974 improvement project was being replaced 'With concrete curbing. He asked if improving larch Lane to 9 -ton stan- dards would result in future commercial development along the road. He felt residential streets do not demana this standard of street. He stated the street improvement and curb and gutter were not neces- sary for himself and his neigh'Ar south cf 48th ^venue. He was still paying for the 1974 improvement project and did not wish to pay for any further improvements. Mayor Hunt replied: Larzh Lane is indicated as collector street on the Thoroughfare Guide Pl:. aria is designated as an MSA road, both of whi.h Mn ;-con design. Mr. Klingele inquired why the street was not originally bu;lt to 9 -ton design in 1974. Engineer Olson replied the drainage ditch was removed and the shoulder paved in the 1974 improvement project to contain Crainage and channel it down to the storm sewer to save the trees and foliage around Schmidt lake. Mayor Hunt responded the street was built with the intent that it would last for ten years. The unprecedented development around the lake after the sewers were in- stalled make it necessary to improve the street to ultimate design standards. Sherman Goldberg, Lundgren Bros., stated they have been noticed Fcr ots in Schmidt Lake Estates that have already been sold and asked that the present owners be advised of the improvement project:. Lundgren Bros. owns only two of the seven lots involved in this project. Donn Mischke, 12236 N. V th Place, stayed he felt this improvement should ave een included in the price of his property if it was foreseen. He felt if it was necessary to assess this type of im- provement to lots owned by private individuals, it would be q+rc equitable to spread the costs equally instead of charging lateral assessments to each piece of property. He stated he felt Larch Lane was a residential street and should not be improved to 9 -ton design. Mayor Hunt replied if the prcperty has already been assessed for a street improvement it would be assessed for the curb and gutter only in this project. The hearing was closed at 8:10 p.m. Mayor Hunt questioned the Engineer about the estimated cost for curb and gutter for this project. Engineer Moore replied the proposed 11,.90/ft. included the cost of widenii,g the street. The cost of the curb and gutter only was estimated at $7.60/ft. MOT;ON was made by Councilmember Seibold, seconded by Counci;- memi)er Neils, to adopt RESOLUTION N0, 79-102, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR LARCH LANE FROM 45TH AVENUE TO THE SOO LINE RAILROAD, PROJECT NO. 802. Motion carried on a Roll Call vote, five ayes. 45- REESSoLLUTION N0, 79-102 8 SPL `'$ FOR i.AnCH LANE FROM 45TH AVE. TO SOO LINE RAILROAD PROJECT NO, 802 Item 6-A Special Council Meeting February 20, 1979 Page 46 B. Project 908 - Medina Road 8 Vicksburg Lane - Street 8 Utilities Engineer Moore described the improvement project as having three parts as follows: 1) streets and utilities necessary to serve the industrial park, including co::strurtion of Medina R;.id and Ranchview Lang between Medina Road and 31st Avenue; ?) storm sews between Vicksburg Lane and Niagara Lane to collect water from existing Development. residential and commercial, and proposed developn..pnt; and 3) upgrading of Vicksburg Lane to ar, urban section Including concrete curb and gutter. Mayor Hunt opened the public hearing at 7:31 p.m. Manager Willis read a letter from Don C. Ancerson, president of Volp Development Co., stating the conc.cruc;ion of Medina Road through their property would result in exc:ssive assess- ment costs and the loss of They proposed an alternate northward along the western requested the addition of t improvement project so that one 4nd one-half acres of land. plan, of extending Ranchview Lane boundary of their prope"ty and he Playhouse I1 plat to this the lard might be developed. Mary Kaiser, Food Engineering, expressed concern that the propose edina Road would obstruct the entrance to their building off 28th Avenue and proposed another entrance to their building from 28th Avenue, Bob Cederg-ren, 2777 Upland !ane, objected to the widening of Vicksburg Lane since it would be detrimental to residents of Shenandoah. He also objected to the assessmen. to Shenandoah residents for storm sewer since it was for the benefit of M.I.P. and statcJ it was illegal to block off the creek at the east end of Shenandoah since it was a natural waterway. Mayor Hunt replied the creek would not be blocked off but run under Vicksburg Lane through a culvert. Geor a Wray, 2733 Shenandoah Lane, asked what benefit the residents of Shenandoah would be receiving from this improvement project. Mayor Hunt replied the water from Shenandoah flowing east to Ranchview will be picked up by pipE and run into the pond at Niagara and Highway 55. Mr. Wray stated there is inadequate public transportation to this area at present, and with all the new development proposed, inquired if any plans have been made to provide extended public transportation. Mayor Hun;, replied at the present time the only public transportation available tn Plymouth residents was a small private bus line. The Council has been concerned about this and will continue to make an effort to get MTC service; extended into Plymouth. 46- PUBLIC HEARING PROJECT 908 MEDItiA ROAD 8 VICKSBURG LANE Item 6-B it r37 Special Council Meeting February 20, 1979 Page 47 George Jackson, 6480 Murray Hill Road, statev when he bought acres o, and in the industrial park one year ago, he was not informed of the proposed construction of Medina Road or the widening of Vicksburg Lane. These improvements would result in $800,000 of assessments on their property over and above the improvements required in their development contract. Doey will not be able to develop their property if the assess- ment costs are more than $14,000/acre. Manager Willis suggested that State Aid funds could assist in a case where the property is found to be over -assessed. James Good, 2701 Terracevier: Court, inquired if the estimated yure o $127.35 covered the widening of Vicksburg Lane also for Shenandcah residents. Mayor Hunt replied that figure covered only the storm sewer. Engineer Moore replied the widening of Vicksburg would result in assessments for Shenandoah residents of approximately $300 per unit. The hearing was closed at 9:10 p.m. Mayor Hunt stated since two major property owners in the improvement area otjected to the proposed improvements and indic.:ted they would make it impossible for them to develop their land, there was a ques- tion of whether the project should be ordered at this time. Council considered the alternative of splitting the project in ttia parts, deferring the Construction of Medina Road and completing the widening of Vicksburg Lane at thin time. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to defer consideration of this project until March 5 and to direct the Engineer to restudy the proposed Medina Road alignment in consultation with the concerned property owners. Motion carried, five ayes. C. Project 920 - Turtle Lake Area - Street and Utilities Engineer Moore reviewed the proposed project in detail. Mayor Hunt opened the public hearing at 9:30 p.m. Genn LaBorde Jr., 4430 Vicksburg Lane, stated he has no intention JpTattiny his land and he is opposed to the western sewer line proposed since he and residents of the area would receive no benefit from it. He also questioned whether preservation of the wildlife refuge around Turtle lake had been taken into consideration. Mayor Hunt replied Turtle Lake is in the City Storm Sewer Plan and any development in the area would require the prepration of an Environmehtal Assessment Worksheet. Mayor Hunt reviewed the assessment costs with Mr. LaBorde. 47- Special ;:ouncil Meeting Febr-Qa;-y 20, 1979 Page 48 Richard Davideit, 4420 Vicksburg Lane, spoke in opposition to the west arro', of the sewer project since present residents have no need for it and objected to the line north of County Road 9 being installed at this time. He also stated a con- siderable amount of his property is swampland, and asked if it were assessable. Mayor Hunt replied only buildable land is assessable. Ru Broman, 4555 Juneau Lane, asked if he would be assessed If the sewer line did not go through his property. Mayor Hunt replied the line would extena to his property line and he would be assessed an area charge for availability. Floyd Broman, 10120 County Road 116, Rogers, MN, inquired if t ere would be an assessment for sanitary sewer and water of this time. Mayor Hunt replied the present assessment would be -for sanitary sewer only. Mr. Braman questioned why the project is proposed for such a large area since only a very small portion would benefit from it. Mayor Hunt responded proposed development in this area, as reflected in the 5 -year C.;.P., indicates the need for this line. Doug Galla her, 710 Shenandoah Lane, representing the Plymouth Covenant Church, spoke in favor of the project since it would enable them to begin the construction of their proposed church. Albert Yngvee, 15936 - 18th Place, representing Turtle Lake mope t ei s, spoke in favor of the improvement project. Tom Montgomer 4305 KiruLO ew Lane, stated at the time the residents pet Lionel for the improvements they were not aware of the ;use per lot involved. He spoke in opposition to the impibvement project and particularly objected to the west arni of the sewer since it is not, requirpO by residents. Sob Roscoe, 4260 Kingsview Lxne, gAestioned what the exact extent—fthe project would be. Mayor Hunt replied that w^uid be determined by Council at the end of the hearing. Mr. Roscoe questioned the area assessments for various sized lots. Mayor Hunt replied area assessments are iniform and not determined by the size of the lot. Mr. koscoo objected to the exaension of Juneau Lane, Carolyn Rodekuhr, 4265 Juneau Lane N,, inquired how close a road coin a built to an existing structure, She ob- jected to the construction o; 43rd Avenue. Mayor Hunt responded if 43rd Avenue is constructed the other half f the right-of-way required would be obtaineJ from the land to the south and no more of her lend would oe taken, Peter J. Burata, owner of Lot 2080, spoke in favor of e imp.rovemen project. 48. Special Council Meeting February 20, 1979 Page 49 Ben G. Broman, 4055 Glacier Lane N., asked if beth water and Fewer trunnes were proposed to extend to the Broman property li-2. Mayor Hunt replied both sewer and water would be extended to thier property line. Mr. Braman inquired in thv event a sewer line came Juneau Lane if the proposed trunk line on Glacier would be dis- continued. Mayor Hunt replied it would not. Mr. Broman also asked in the event sewer and water was exten0ee as far as Kingsview how the hill between the highway and Oakview Add -tion would be handled. Mayor Hunt replied this would be determined in the final Flans and specifications. The hearing lovas zlosed at 10:15 p.m. WJTION was made 5y Councilmember Spaeth, seconded by Council- iie3mber Neils, to extend the sewer line across County Road 9 only in both areas and to defer the nc,othern part of the project until a lacar date. SUBSTITUTE MOTION was made by Councilmember Neils, seconded by Councilmember Spaeth, to defer action on this project for a period of 60 days. Substitute motion carried, five ayes, MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to direct staff to review the extension rf sub. trunks to a eros%ing of County Road 9, both east and west leg, and the extension cf water trunk along old County Rodd 9 to the intersection with Vicksburg and propose to Council the manner in wnich these two projects might be added by change order to another pio,ject and not to proceed w'i th the work north %f County Road 9 at this time. Motion carried, five ayes. Council recessed from 10:25 to 10:35 p.m. Manager Willis reported that the test results from the ponds PROJECT NO. 717 in the Seven Ponds area confirmed the presence of waste SEVEN PONDS AREA characteristics from humans and septic systems in all six Item 7-A ponds. Snow and ice rover tvi the ground makes it impossW e to pinpoint the source, but it is presumed to be coming from more than one of these homes because these pollutants are found in all six ponds. Staff believes the public 'mprovimnents are needed to protect public health and safety. MOTION was made by Count-ilmember Neils: seconded bit Council - member Spaeth, to resc;rd the previous motion wits- respect to deleting the improveme,-'s proposed along County R-.ae 24. Mot -Ion carried, five ayes, 19 49- Special Council Meeting February 20, 1979 Page 50 James Stavros, 17430 County Road 24, stated he would hope that the improvement project, if ordered, would include improvements for the north side of County Road 24 since it is inevitable that the area will be improved and it will be cheaper to do it now than in the future. He also has a problem with his septic system that this would solve. Sheldon Schwartz, Lot 5045, stated he favored including the north side of County Road in the improvement project so that he could build on his property or subdivide it. Councilmember Neils replied he would discourage subdivision of Mr. Schwartz' parcel with drive- ways nn Cointy Road 24. He would be restricted to one entry on County Road 24. Keith Stets, 17420 County Road 24, stated his property is being swavnped with seepage from Mr. Stavros' septic system. Mr. Stotts Spoke in favor of the improvements project. He stated he is not planning on subdividing his parcel at this time, but if he does in the future, there will be only one access to County Road 24, with a potential for five lots on the parcel. Gordon Olsen, 17005 County Road 24, questioned since the parcel across from him is not being included in the improvement project i` he would bear a higher cost for the improvement. Mayor Hunt rciplied area charges and the trunk fund will bear costs for the line on County Road 24. Mr. Olsen asked if sewer can be run down 32nd through his backyard. Councilmember Neils replied the land behind him is not platted and cannot be included in this project. Mr. Olsen asked what happened to the funds resulting in the dif- ferential between the 8 percent assessment rate and the approx- imate 6 percent the City pays on improvement bonds. Manager Willis replied bonds are sold over a 15 year period, during which interest rates fluctuate. With interest on the investment of funds, the City can normally come out even, but we are not ever assured we will be able to reinvest bond proceeds at a yield equal to bonds we have sold. Mr. Olsen questioned the legality of putting County Road 24 prupe rty back into the assessment project without notification of residents. Attorney Lefler replied until the Council takes definitive action on a public improvement following a public hearing, it may change its mind any number of times within a period of six months as to what to include or exclude within the project limits. Mr, Olsen stated he felt there was no health prodlem in the area and the assessment wo-ild create a hardship for his family, He felt the improvement should not be ordered if a majority of the residents petitioned against it. He objected to the cost of the improvement project and asked if there were any other alter- natives to assessing this project. Councilmember Neils replied there ar: no alternatives to assessing the costs VII .nis project, but delaying the project would only result in greate.- costs in the future, 50- i r Special Council Meeting February 20, 1979 Page 51 MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-103, A RESOLUTION ORDERING IM1PROVEMENT AND PREPRATION OF PLANS AND SPECIFICA- TIONS FOR ;E`0 PONDS AREA, PROJECT NO. 707, including utilities east of 32nd Avenue on County Road 24. MOTION T9 AMEND was made by Councilmember Seibold, seconded by Mayor hunt, to include property west of 32nd Avenue on County Road 24 to 30th Avenue. Motion to amend carried, five ayes. Motion to adopt Resolution No. 79-103, as amended, carried on a Roll Call vote, five ayes. MOTION was made by Council-nember Seibold, seconded by Council - member Neils, to adopt RESOLUTION N0, 79-104, A RESOLUTION RESCINDING RESOLUTION 78-626, ADOF-(!NG AN ASSESSMENT ROLL FOR PROOECT NO. 718, TIMBER CREEK ADDITION. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-105. A RESOLUTION RESCINDING A PORTION OF RESOLUTION NO. 78-627 PERTAINING TO ASSESSMENT FOR 1978 REMOVAL AND DESTRUCTION OF DISEASED TREES FOR PLAT 44560, PARCrL 7210. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION N0, 79-106, A RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR PLAT 43740, PARCEL 15039 PROJECT NO. 718, TIMBER CREEK, TO BE HELD ON MARCH 190 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold., seconded by Council - member Neils, to adopt RESOLUTION NO. 79-1071 A RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FO' 1978 REMOVAL AND DESTRUCI';ON OF DISEASED TREES FUR PUtT 44561.1, PARCEL 71201 TO BE HELD ON MARCH 19, 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. 51- RESOLUTION NO. 79-103 URDERING FINAL PLANK SPECS -SEVEN PONDS IMPROVEMENTS PROJECT N0, 707 Iter. 7-A RESOLUTION NO. 79-104 RESCINDING RES. 7F -U6 ASSESSMENTS FOR PROJECT NO. 718 Iftem 7-B• RESOLUTION NO. 79-105 kESCYNDING RESOLUTION NO. 78-627 1978 REMOVAL AND DESTRUCTION OF DISEASED TREES Item 1-C RESOLUTION NO. 79-106 CALLING HEARING WESSMENTS FOR PLAT 43740 -PARCEL 150 PROJECT NO. 718 TIMBER CREEK Item 7-0* RESOLUTION NO. 79-107 ASSESSMENT FOR 1978 REMOVAL. 8 DESTRUCTION DISEASED TREES PLAT 44560 -PARCEL 712 Item 7-1)" I Special Council Meeting February 20, 1979 Page 52 M07ION was made by Councilmember Seibold, seconded by Courer.il- member Neils, to adopt RESOLUTION NO. 79-108, A RESOLUTION APPROVING FINAL PLAT AND LANDSCAPE PLAN FOR MERRIMAC "iDDITION FOR GLEASON CONSTRUCTION COMPANY (A-265). Motion carried on a Roll Call vote, four ayes. MOTION was made ay Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-1099 A RESOLUTION SETTING CONDITIONS PRIOR TO FILINC OF FINAL PLAT FOR MERRIMAC ADDITION FOR GLEASON CONSTRUCTION COMPANY (A-265). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Sei i d, seconded by Council - member Neils, to adopt RESOLUTION N0, 79-110, A RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING AND TECHNICAL ASSISTANCE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE YEAR OF 1979. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member leils, to adopt RESOLUTION NO. 79-1111, A RESOLUTION AUTHORIZING EXECUTION OF MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III AGENCY AGREEME4T FOR THE YEAR 1979. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION N0, 79-1129 A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR P'YMENT NO. 5 IN THE AMOUNT OF $6s337,20 TO E,H. RENNER 8 SONS FOR DEEP WELL NO. 5, PROJECT NO. 812. Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-113, A RESOLUTION REDUCING DEVELOPMENT BOND FOR WILLOW GROVE ADDITION (A-:23) TO THE AMOUNT OF $69,150 TO REFLECT THE COMPLETED WORK. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold., seconded by Council - member Neils, to adopt RESOLUTION N0. 79-114, A RESOLUTION APPROVING TARGET AND TRAP SHOOTING RANGE LICENSE FOR THE PLYMOUTH GUN CLUB, INC. FOR A PERIOD OF ONE YEAR FROM JANUARY 1, 1979 THROUGH DECEMBER 31, 1979. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 19-108 Ari P V NG F I NALPLAT AND LANDSCAPE PLAN MERRIMAC ADDITION SLEASON CONSTRUCTION CO. A-265) Item 7-E* RESOLUTION NO. 79-109 SETTING FOR FINAL PLAT MERRIMAC ADDITION GLEASON CONSTRUCTION CO. A-265) Item 7-E* RESOLUTION .40. 79-110 AUTHORMNG ENG NEERING 8 TECHNICAL ASSISTANCE AGREEMENT WITH MN/DOT Item 7-G* RESOLUTION NO. 79-111 AUTHORIZING FEDERAL AD AGENCY AGREEMENT WITH MN/DOT Item 7-H* RESOLUTION NO. 79-112 REORM-T611 DEEP WELL NO. 5 PROJECT NO. 812 Item 7-1 taOLUTION NO. 79-113 VVV\i...V VV.-VV....l. % WILLOW GROVE ADDITION A-323) Item 7-J* RESOLUTION NO, 79-114 APPROVING TARGET TRAP SHOOTING LICENSE PLYMOUTH GUM CLUB, INC. Itr4m 7-K* Special Council Meeting February 20, 1979 Page 53 Manager Willis reviewed Park Director Born's report on Medicine Lake Loat access, outlining options for providng temliorary boat access and maintenance o`I the facility until Mfjicine Lake Regien.>> Park has facilities available. He stated the cost of th'; access w1aula be significant providing that it will be used only for several years and recommended Option 2 as outlined in Park Director Born's memorandum dated February 1E, 1979. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to provide the site for the temporary access to Medicine Lake to the Department of Natural Resources or the Hennepin County Pdrk Reserve District at no cost, with the provision that it is their obligation to develop, operate and maintain the site, in adherence with City ordinances, and further that the lessee would be further responsible for restoration of the site to its original conditions. Motion carried, five ayes. MEDICINE LAKE BOAT ACCES Mayor Hunt reported on his meeting with Governor Quie and officials of various Metropolitan municipalities to discuss appointments to the Metropolitan Council. He reported that representatives of District 11 unanimously endorsed Dirk DeVries for reappointment. The meeting was adjourned at 11:45 pori, 53- City Clerk