HomeMy WebLinkAboutCity Council Minutes 10-09-1979 Specialrl
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Page 334
MINUTES
SPECIAL COUNCIL MEETING
October 9. 1979
A special meeting of the Plymouth City Council was called to order by Mayyar Hunt
at 7:30 pam. in the Council Chambers of the City Center at 3400 Plymouth Boulevard
on October 9. 1979s,
PRESENT: Mayor Hunt, Councilmembers Davenpuit and Hoyt, Manager Will -Is. Administrative
Assistant Boyles, Engineer Moore and Plaosaer Tregnere, Councilmember Neils
arrived at 10:05 p.m.
ABSENT: Councilmember Spaeth
CONSENT AGENDA
NOTION was made by Councilmernber Davenport, seconded by Council-
n,mnber Hoyt, to adopt the items on the Consent Agenda with the
exception o -f Item 7.
Notion carried on a Roll Call vote, 6!^pe ayes.
CONSENT AGENDA
Item 4
MINUTES
NOTION was made by Councilmember Davenport. seconded by Council- MINUTES - REGULA..
member Hoyt, to approve the minutes of the October 1. 1979 regular COUNCIL MEETING
Council meeting as submitted. OCTOBER 11, 1979
Motion carried on a Roll Call vote, three ayes.
PUBLIC HEARINGS
Manager Willis reviewed the requirements and procedures for the
public hearings and announced that notices of the hearings were
published in the P1 outh Post, written notice was mailed to each
property owner in the improvement area, and discussions were held
at Council meetings on the subject projects. He then explained
the special assessment policies and prcttedulres followed by the City.
A. 3A815 - LAY AND TURN
Engineer Moore reviewed the project in detail and the costs
involved.
Mayor Hunt opened the public hearing at 7:48 p.m.
No one chose to speak and the hearing was closet! at 7:48 p.m.
NOTION was made by Councilmember Hoyt, seconded by Council -
member Davenport;, to adopt RESOLUTION N0. 794646 A RESOLUTION
ADOPTING ASSESSMENTS IN THE MIOUNT OF $118,817.00 FOR PROJECT
NOS. 803 AND 816% LANCASTER LANE OVERLAY AND TURN LANES.
Motion carried on a Roll Call vote, three ayes.
434-
PUBLIC HEARING
Item 6-A
RESOLUTION N0. 79-664
PROJECTS 803 6 815
LANCASTER LANE OVERLAY
AND TURN LANES
Item 6-A
Special Council Meeting
October 9. 1979
Page 335
B. PROJECTS 805, 817 8 841 - 23RD AVE., 25TH AVE
Engineer !bore reviewed the projects in detail and the costs
involved.
Mayor Hint opened the public hearing at 7:58 p.m.
Mayor Hunt read a letter received from John M. Prest, president
of the Prest Equipment Company, 2500 North Ferabrook Lane,
objecting to the proposed assessment.
No one chose to speak and the hearing was closed at 7:59 p.m.
MOTION was made by Councllmember Hoyt, seconded by Council -
member Davenport,, to adopt RESOLUTION N0,, 79-665. A RESOLUTION
ADOPTING .SSESSMENTS IN THE AMOUNT OF =228,389.88 FOR PROJECT
NOS. 805, 817 AND 841 - 23RD AVE., 25TH AVE. AND CHESHIRE LANE.
Motion carried on a Roll Call vote, three ayes.
C. N
Engineer Moore reviewed the project in detail and the costs
involved.
Mayor Hunt opened the public Tearing at 8:00 p.m.
No one chose to speak and the hearing was closed at 8:00 p.m.
MOTIO11 was made by Councilmember Davenpe%.t, seconded by Council -
member Hoyt, to adopt RESOLUTION N0, 79-666, A RESOLUTION
ADOPTING ASSESSMENTS IN THE AMOUNT OF $8157".00 FOR PROJECT
NO. 818 • ZACHARY LANE WATERMAIN.
Motion car --led on a Roll Call vote, three ayes.
D. PROJECT 811 - LOST LAKE AREA
Engineer Moore reviewed the project in detail and the costs
involved.
Mayor Hunt opened the Nu tir hearing at 8:02 p.m.
PUBLIC HEARING
Item 6-R
RESOLUTION NO. 79-665
PROJECS 805/817/841
23RD AIE., 25TH AVE.
6 CHESHIRE LANE
Item C4
PUBLIC HEARING
Item 6-C
RESOLUTION NO. 79-61;6
ADOPTING ESSEMENTS
PROJECT N0. 810
ZACHARY LAKE WATERMAIN
Item 6-C
PUBLIC HEARING
Item a -D
H. C. 'istero, 10815 - 40th Avenue N., asked what the increase
of e cos of asphalt was from that cost estimated in the pre-
iminary engineering report. Engineer Moore replied the actual
cost was $16.50 per ton and the estimate in the preliminary report
was $8.50 per ton, tor. Fistere ask(rd what happened to the retain-
ing walls that were proposed in the vireli'minary report. The Engineer
replied they were not necessary and their cost was deleted from the
project. Mr. Fistere questioned the cost of the sewer work that was
done, Mr. Moore replied the sewer work was all repair work and wa.s
not part of the contract for this project.
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Special Cot oval ""tim)
October 9. 1919
Page 336
Flo d R I ddin . 10610 - 40A;h Avenue N.. pretested the increased
cost of the proect over the estimated costs and questioned how
the individual 'lots were assessed. Mayor Hunt replied each lot
is assessed as a unit on curvilinear streets. Mr. Hedding asked
if the cost of the storm sewer wLs included in the project, The
Engineer replied the cost of the tyrostorm sewers was equally
divid+ed.anong the project. Mr. Hedding requested a breakdown
of estimated project costs versus actual project costs. Mr.
Moore replied it would take an hour or two to r rovide such a
breakdown of cost%.
Councilmembar Davenport questioned the larile overrun and the reasons
for it. Magor Hunt replied the bids for the water portion of the
project were taken in 1977 and bids for thfe street portion in 1978.
In the priod between 1977 and 1978 asphali. costs jumped 41 percent.
In addition, costs for curb and gutter and sod were also higher than
had been estimated. Engineer Olson stated the overrun amounted to 32.959.
Judith Williams, 4120 Xlmines Lane, submitted a petition requesting
die CouncTT to defer the adoption of the proposed assessments for
Parcels 118-22-13-23-00059 11842-134006 and 118-22-13-23-0007 until
Judgment is received in the current pending litigatio, in the Foijrth
Judicial District Court against those properties.
Linda Fistere, 10815 - 40th Avenue N., stated she was told by
someone in We Engineering Department this afternoon that a breakdown '
of cost would be available at the public hearing.
Mr. Hedding objected to the lacK of communication to residents whAr±
t ecamae evident that there would be a largo overrun in project costs.
George Lamberts, 4005 Revere lane,
a ong the Me path on 38th Avenue.
asked that the sodding be completed
Mir,hael Powles, 10720 P.ockford Road, asked if contracts for improve-
ment pro ects were let on a cost plus basis. Mayor Hunt replied
t.e cost per unit is fixed but the quantities are only estimated.
Ar. Powles asked why the project was not completed for two years.
Engineer Moore stated the street work was dorsa one year after the
watermain wns completed, which is standard engineering policy, and
this caused the project to take two years to complete.
Councilmamber Davenport retc7uested the Engineer to prepare a cost
breakdown of estimated versus actual project costs and to notify
Mr. HeOding waren they are available.
MOTION was made by Corarcilmember Davenport, seconded by Council- RESOLUTION NO. 70-667
member Hoyt, to adopt RESOLUTION NO. 79467, A RESOLUTION WTI 4 . NTI
ADOPTING ASSESSMENTS IN THE AMOUNY OF $403911.00 FOR PROJECT PROJECT N0. 811
NO. 811 - LOST LAKE AkEA. LOST LAKE AREA
Item 6-D
Motion carrisd on a Roll Call vote, three ayes.
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SRcial Council Meeting
October 9. 1979
Page 337
E. PROJECT 816 - 13TH AVENUE STREET OVERLAY PUBLIC HEARING .
Item 6-E
Engineer Moore reviewed the prefect in detail and the costs
involved.
Mayor Hunt', opened the public hearing at 8:54 p.m.
Po one chose to speak and the hearing was ciosed at 8:50 p.m.
MIDTION .ras made by Councilmember Hoyt, seconded by Council- RESOLUTION NO. 79.668
member Davenport, to adopt RESOLUTION N0, 79468. A RESOLUTION
ADOPTING ASSESSMENTS IN THE AMWNT OF =50.652.00 FOR PROJECT PROJECT N0. 816
N0. 816 • 13TH AVEKUE STREET OVERLAY, 13TH AVE. STREET
OVERLAY - Item 6-E
Motion carried on a Roll Call vote, three ayes,
Fe 1979 REMOVAL AND DESTRUCTION OF DISEASED TREES PUBLIC HEARING
Item 6-F
Engineer Moore reviewel the project and costs involved.
Mayor Hunt opened the public hearing at 8:53 p.m.
Alfred Eberle. Route #1, Cushing (RLS #652) objected to the
assessment or the removal of trees on h'is property ani+
asked if assistance froc.the State could be obtained.
Manager Willis replied the State subsidy was not designed
to help large parcels but rather was intended to assist
single family homeowners and the City's Environmental
Department utilized available funds in this manner.
Juel Svenkerud. 6421 Westchester, objected to the City's
removal of drsiased trees from his property sir.:e he had
obtained estimates for ttie removal of these trees and was
informed the work could not be done because of the road
work being done this summer•. He claimed some of the logs
removed from his property were not his and not all the
diseased trees had been removed. Manager Willis replied
the City only cuts down treas on private property after
the property owner has been notified and given the oppor-
tunity to remove the trees himseli'. He asked Mr. Svenkerud
to meet the City Forestor on his property and determine which
trees were removed avid -if there are any diseased trees remaining.
Del B. Rue emer, :476 Hemlock Lane N., asked why the large elm
tree on the r g t-cf-way near his property has not been removed
although it has been marked all summer. Mayor Hung' replied it
has probably been overlooked, ooked, Mr. Ruegemer asked if he could
cut down the tree and use 14 for firewood if he debarked it.
Mayor Hunt replied he should contact the City Forestor to
determine ownership of the tree and make arrangements with
the property owner,
The hearing was closed at 9:07 p.m.
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Special Council fleeting
October 9, 1979
Page 338
MOTION was made by Councilmeober Hoyt, seconded by Council- RESOLUTION NO. 79469
mwber Davenport, to adopt RESOLUTION NO. 79469. A RESOLUTION Al
ADOPTING ASSESSMENTS IN THE AMOUNT OF 6109940..00 FOR THE 1979 1979 REMOiIAL AND
RE14DVAL AND DESTRUCTION OF DISEASED TREES, DESTRUCTION 9F
Notion carried on a Roll Call vote. three ayes. ItemA6 F
FREES
Go 1979 MEED ERADICATIO AND DES RUCTIOW PUBLIC HEARING
Item 5-S
Engineer Moore reviewed the project and costs involved.
r Hunt opened the public hearing of 9:09 p.m.
No une chose to speak and the hearing was closed at 9:09 p.m.
TION was made by Councilmember Davenport, seconded by Council- RESOLUTION N0. 79-670
mteiber Hoyt, to adopt RESOL0'ION NO., 79-6709 A RESOLUTION
ADOPTING ASSESSMENTS IN THE AMOUNT OF $3.510,96 FOR THE 1979 1979 WEED ERADICATION
WEED ERADICATION AND DESTRUCTION PROGRAM, AND DESTRUCTION.
Item 6-G
Motion carried on a Roll Call votes three ayes.
Council recesseJ from 9:10 to 9:20 p.m.
H, 1979 DELINQUENT SEWER AND WATER BILLS PUBLIC HEARING
Item 6-H
Mayor Hunt opened the public hearing at 9:21 p.m.
No one chose to speak and the hearing was closed at 9:21 p.m.
Manager Willis reported 636,392.07 remained unpaid.
MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION NO. 79-671
member Davenport, to adopt RESOLUTION NO, 79-671, A RESOLUTION ADOPTTFUMME ENT
ADOPTING ASSESSMENTS IN THE AMOUNT OF 636,392.07 1979 DELINQUENT SEWER
FOR PAYMENT OF 1979 DELINQUENT SEWER AND WATER BILLS, AND WATER BILLS
Item 6-H
Motion carried on a Roll fall votes three ayes.
I, 1579 STREET LIU,TING PUBLIC HEARING
Item 6-I
Engine, Moore explained the City's street lighting policy,
Mayor Hunt opened the public hearing at 9:25 p.m,
Glen Kroft. 12600 - 25th Avenue N., questioned why he was
assesse or street lighting since there was no street light
on 25th Avenue N. Mayor Hunt replied the neighborhood has
31 lights over 438 lots and residents are assessed for the
overall benefit of street lighting rather than for individual
benefit, Manager Willis stated when the street lights were
I°ttitioned for all residents of the area were noticed of the
public hearing and his home was included in the assessment area,
At that time, residents had the opportunity to add or delete lights
from the plan and choose the placement of lights.
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Special Council Meeting
October 9. 1979
Page 339
John Tin PAIL 3800 Union Terrace Lane. asked how the assessment
or street lighting is detwrmined in each neighborhood. Engineer
Moore replied there is a one-time cost for underground wiring the
first year, and thereafter the costs for operation and maintenance
for the number of lights in the neighborhood are divided by the
number of homes.
Elizabeth Beacom15932 m 18th Place,
assessment cou be made. Mayor Hunt
We within 30 days from the date the
it will go onto the tax statement and
adder:.
Mr. Kroft inquired why
MayoFTFnt responded i t
ments, including street
and are not paid out o f
inquired how payment of the
replied if payment is not
assessment is adopted,
8 percent interest will be
street lights were paid by special assessment,
has been the City's policy that all improve -
lights, are assessed to the paries benefitted
ad valorem taxes.
The hearing was closed at 9:50 p.m.
NOTION was made by Councilmember Davenport, seconded by Council -
member Hoyt, to adopt RESOLUTION NO. 79472, A RESOLUTION
ADOPTING ASSESSMENTS Ih THE AMOUNT OF $49,524.64 FOR 1979
STREET LIGHTING.
Notion carried on a Roll Call vote, three ayes.
MOTION was made by Councilmember Hoyt, seconded by Council -
member Davenport, to rewrite the street lighting assessment
notice working toward clarification.
Motion carried, three ayes.
Mayor Hunt requested Counvilmembers Davenport and Hoyt to work
with staff to clarify the street lighting assessment notice and
other assessment notices sent out by the City and to make recom
mendations for changes to communicate more clearly with our
citizens by the first of the year,
Councilmen, --r Neils arrived at 10:05 p.m.
339-
P.ESOLUTION N0, 79-672
ADOPTING ASSESUW
1979 STREET LIGHT
Item 6-I
Special Council Meeting
October 9, 1979
Page 340
Manager Willis introduced 8. W. b Leo Harris Company's request FINAL PLAT APPROVAL
for final plat approval for Plymouth Freeway Center 2nd Additfoh PLYMOUTH FREEWAY CENTER
at the northeast quadrant of Harbor Lane and FernbroJk Lane. ?ND ADDITION (79035)
Item 7
Frank Harris, petitioner, stated their plat is divideoi into
two segments, one being develop)d by Holiday Inn and one
designated as an outlot until plans are uroposed far its
development. Empire Lane will eventually 0_.we this outlot
but completion of this street at this t'.ote will not benefit
them or the City. The development c11,61tract calls for the
dedico'%6.4.^n of right-of-way for thr street and it will ul-
timately be bnl, " at that '^:,;0on. Mr. Harris asked that
construction of Empire Lane be deferred until the outlot
is developed.
Mayor Hunt asked if they would agree to language in the develop -
contract committing them to allow the City to construct the
street in the 1981 construction season if it was not built by
that time.
Mr. Harris replied there may not bc: any reason to build the road
in 1981 if there are no plans for development at that time.
Also, he stated he did not wish to make a commitment for the
final alignment of Empire Lane through the plat since the
property owner to the east might want to swing the ,croet
to the east. They would agree to he resFlonsiblc for the
ultimate Construction of Empire Lane, in fact, they have
signed a petition requesting its construction; however,
they do not want to set a time limit on its constructions
There was discussion of the terms of the development contract
and Mayor Runt stated he would like some assurance that the
road will be built by the property owner since once the Holiday
Inn is constructed, they may reject future assessment for ;•oad
constructions
Mr. Harris inquired i f a 25 percent down payment wor+1 d be
required at this time for construction of the road. Engineer
Moore replied a down payment would be required only for the
first segment of the road built now. Mr. Harrie, stated
they do not wish any of Empire Lane to be built at this time.
Councilmember Neil: stated alignment of Empire Lane to the
Holiday Inn is al ready fixed, but the al i gmvnent of the ex-
tension to :14th Avenue is still flexible. An alignment for
this segment should be established at this time as part of
the development contract; however, construction need not
occur at this timer It is then the developer's respon-
sibility to petition for i revision to the development
contract or an extension of any deadline for construction.
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Special Council Meeting
October 9. 1979
Page 341
Don Olson, representing WRC Investment Crmpany,
Inn Tf-includes an easement for Empire Lane*
able to enter into a construction agreement for
Empire lane at the time it is deemed necessary
stated the Holiday
They will be agree_
the construction of
to be built.
Manager Willis stated it would be prudent to build the portion of
Empire Lane adjacent to Lot 1. Block 1 i! the Holtday Inn at the
present time so that the site can be fully irapro,ed. He recommended
that this portion of Empire Lane remain a requirement of the develop-
ment contract and the alignment north of that point remain flexible.
MOTION was made by Councilmember Hoyt, seconded by Council -
member Neils, to adopt RESOLUTION N0. 79-6739 A RESOLUTION
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR PLYMOUTH
FREEWAY CENTER 2ND ADDITION FOR Be W. A LEO HARRIS COMPANY
79035).
MOTION TO AMEND was made by Mayor Hunt, seconded by Council -
member Hoyt, by substituting the following language for
Section 2.16 of the development contract:
The Developer hereby waives his right to a
Hearing and Special Assessment Hearing for
the extension of Empire Lane through Outlot
lire of Lot 1, Block 1 to 34th Avenue. If
not proceel with the installation of these
can proceed to perform the work during the
season. The decision shall be made by the
September, 1980. However, the Developer ma
Council for an extension to this date.
Public Improvement
the improvement of
A from the north
the Developer does
improvements, the City
1981 construction
City Council by
y petition the
Motion to amend carries!, four ayes.
Motion to adopt Resolution No. 79-673, as amended, carried on
a Roll Call vote, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Council -
member Neils, to adopt RESOLUTION N0. 79-674. A RESOLUTION
SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR PLYMOUTH
FREEWAY CENTER 2ND A0011JON FOR Be W. A LEO HARRIS COMPANY
79035).
Motion carried on a pill Call vote, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Council -
member Neils, to adopt RESOLUTION NO. 79-675. A RESOLUTION
ADOPTING ASSESSMENT IN THE AMOUNT OF $49149.00 FOR PROOECT
N0. 949, PLYMOUTH FREEWAY CENTER 2ND ADDITION.
Motion carried on a Roll Call vote, tour ayes.
341-
i1
RESOLUTION N0. 79-673
b DEVELOPMENT CONTRACT
PLYMOUTH FREEWAY CENTER
2ND ADDITION (79035)
Item 7
RESOLUTION N0. 79_671
FOR FINAL PLAT
PLYMOUTH FREEWAY CENTER
2ND ADDITION (79035)
Item 7
RESCiUTION N0. 79-675
ADOPTING ASSESSMENT
PLYMOUTH FREEWAY CENTER
2ND ADDITION
PROJECT N0. 949
Item 7
Special f.,,uncil Meeting
October 9, 1979
Page 342
MOTION wis made by Councilmember Davenport, seconded by Council- RESOLUTION NO. 79-676
member Hoyt, to adopt RESOLUTION NO. 79476, A RESOLUTION
APPROVING ELECTION JUDGES FOR CITY EL CTION ON NOVEMBER 69 1979. JUDGES FOR CITY ELECTIC:
NOVEMBER 6, 1979
Motion carried on a Roll Call vote, three ayes. Item 8*
MOTIOR was made by 0uncilmember Davenport, seconded b.v Council- RESOLUTION NO. 79477
mdrber Hoyt, to adopt RESOLUTION NO, 79-6719 A RESOLUTION DESIGNATING POLL11
DESIGNATING POLLING PLACES FOR CITY ELECTION ON NOVEMBER E, 1979. PLACES FOR CITY ELECTIC:
NOVEMBER 6, 1979
Motion carried on a Roll Call vote, three ayes, Item 9*
MOTION was made by C5uncilmember Davenport, seconded by Council- RESOLUTION NO. 79-678
member Hoyt, to adopt RESOLUTION NO. 79-678. A RESOLUS:ON APPROVINS DISBUiHfiS
APPROVING DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTION PERIOD ENDING 8/31/79
FUND, UTILITIES FUND, HOUSING REDEVELCPMENT AUTHORITY FUND, Item 10*
AND SPECIAL ASSESSMENT FUND FOR A TOTAL OF $2,075933?,59
FOR THE PERIOD ENDING AUGUST 31, 1979,
Motion carried on a Roll Call vote, three ayes.
MOTION was made by Mayor Hunt, seconded by CouncilmembPr RESOLUTION NO, 79-675'
Davenport, to adopt RESOLUTION NO, 79-6796 A RESOLUTION SUPPORTING ALIGNMENTS
SUPPORTING ALIGNMENTS OF COUNTY ROADS 61 ANN 15 IN THE OF COUNTY ROADS 61 b 15
VICINITY OF I-494 AND U.S. HIGHWAY 12. IN VICINITY OF I-494
AND U,S, HWY, 12
Motion carried on a Roll Call vote, four ayes. Item 11
MISCELLANEOUS
Mayor Hunt directed staff to investigate the possibility of STOP SIGN FOR C,R, 6
installing 4-wV rtop signs at the intersection of County A VICKSBURG LANE
Road 6 and Vicksburg Lane until such time as a permanent
traffic light is installed,
Playor Hunt reported on the meeting with the DNR on the LUCE LINE TRAILHEAD
Luce Line Trailhead and stated Chief Carlquist will be
estimating police costs to patrol the trail,
Mayor Hunt questioned the possibility of realigning the
sanitary sewer on Vicksburg Lane to provide service to
the Stivland property, Engineer Moore replied the Stivlands
were nut included in the sanitary sewer district ar d will
not be assessed for service, This land is not proposed
to be serviced it the City's C,I,P, until 1983.
The meeting ddjourned at 10:45 p.m,
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