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HomeMy WebLinkAboutCity Council Minutes 10-09-1979 Specialrl n 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. 335- 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. 336- 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. 337- 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. 338- 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. 340- 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, 342-