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HomeMy WebLinkAboutCity Council Minutes 09-29-1980 SpecialPage 334 MINUTES SPECIAL COUNCIL MEETING September 29, 1980 A special meeting of the Plymouth City Council was called to order by Acting Mayor Davenport at 7:30 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on September 29, 1980. PRESENT: Acting Mayor Davenport, Councilmembers Hoyt. Neils and Schneider, Manager Willis. Administrative Assistant Boyles, Engineer Moore, Plannea- Tremere and Attorney Lefler. ABSENT: Mayor, Hunt. CONSENT AGENDA MOTION was made by Councilmember Neils, seconded by Council member Schneider, to adopt the items on the Consent Agenda with the exception of Item 7-C. Motion carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to approve the minutes of the aeptember 72. 1980 special Council meeting as submitted. Motion carried on a Roll Call vote, three ayes. Councilmember Hoyt abstained. PUBLIC HEARINGS Acting Mayor Davenport introduced the public hearings and announced that notices of the hearings were published in the P1 mouth Post, written notice was mailed to each property owner in the Improvement area, and discussions were held at Council meetings on the subject projects. Manager Willis then reviewed the requirements and pro- cedures for the public hearings and explained the special assessment policy and procedures followed by the City. A. ASSESSMENT ROLL - PROJECT 920 - TURTLE LAKE SEWER (WEST LEG) Engineer Moore described the project in detail and reviewed the costs involved. He stated no written objections to this project save been received by the City. Acting Payor Davenport opened the public hearing at 7:46 p.m. CONSENT AGENDA Item 4 MINUTES - SPECIAL COUNCIL MEETING SEPTEMBER 22, 1980 Item S• PUBLIC HEARING ASSESSMENT ROIL. PROJECT 920 TURTLE LAKE SEWER WEST LEG) Item 6-A Richard Oavideit. 4420 Vicksburg Lane, stated he owned property south of the urst development and inquired if any property adjacent to Amhurst will be assessed for this improvement project. Councilmember Neils stated no other property owners will be assesses! 334- Special Council Meeting September 29, 1980 Page 335 for this project at this time unless they wish to hook up to sever and crater. The hearing was closed at 7:47 p.m. NOTION was made by Counc i lmember Hoyt, sPo:oncted by Cotinc i 1- rtember Neils, to adopt RESOLUTION NO. 80-716 A RESOLUTION ADOPTING ASSESSMENTS IN THE AMOUNT OF $689975.00 FOR PROJECT 9209 TURTLE LAKE SANITARY SEWER TRUNK AND WATER TRUNK PAYABLE OVER A PERIOD OF 5 YEARS AT AN INTEREST BATF OF 8.3776. Motion carried on a Roll Call vote, four ayes. Be ASSESSMENT ROLL - PROJECTS 611/807/853/911 - DOWNTOWN Engineer Moore described the project in detail ane reviewed the costs involved, stating he had received a written ob- jection to the project from Konrad J. Friedemanr on behalf of North Memorial Medical Center. Acting Mayor Davenport opened the public hearing at 3:55 p.m. Konrad J. Friedemann, representing North Memorial Medical en er, s a e e believed the manner in which the assessments re spread were not based on benefit received and asked the ouncil to consider the objections relayed in his letter. Mr. Friedemann also asked Council to consider extending the pa vnent period over a longer prtiof considering the extremely l;urge sum being assessed. Francis J. Thornton, 14815 Rockford Road, stated he felt he should not be assessed the same as the Dcwrtown Plymouth plat 950/acre) since his property is not being developed. It RESOLUTION N0. £0-716 PROJECT 920 TURTLE LAKE SANITARY SEWER ('GEST LEG) Item 6-A PUBLIC HEARING PROJ. 611/80?/853/911 DOWNTOWN PLYMOUTH AREA a VICKSBURG LANE Item 6-8 Kay Stivland, 4025 N. Vicksburg Lane, questioned how their total assessment of $25,000 was arrived at and asked for an explanation of the portion that was deferred. Manager Willis stated the deferred portion was that Portion of the assessment over and above the residential rate and the Council can cor"'inue to defer this portion of the assessment until the property its developed. Ms. Stivland objected to having to pay the deferred portion o° her assessment when she sells her property, claiming it will force her to sell to a developer rather than to a private party as a homestead. Manager Willis stated he had received a written objection fran the P1ylouth Hills Company regarding the method of assessment. The hearing was closed at 8:05 penis 335- r Spec f a l Council Meeting September 29, 1980 Page 336 MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to defer action on this assessment roil until further review by the Assessment Committee. Not i,on carried, four ayes. C. ASSESSMENT ROTI - PROJECT 828 - C.R. 6 8 XENIUM LANE INTERSECTIOR Engineer Moore reviewed Project 828 in detail and costs t nvol ved. Acting Mayor Davenport opened the public hearing at 8:10 p.m. No one chose to speak and the hearing was closed at 8:10 p.m. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 80-7170 A RESOLUTION ADOPTING ASSESSMENTS IN THE AMOUNT OF $25,498.09 FOR PROJECT N0. 828, COUNTY ROAD 6 AND XE NIUM LW INTERSECTION. Motion carried on a Roll Call vote, four ayes. D. MSESSMFNT ROU - PROJECT 914 - 16TH AVENUE IMPROVEMENT PNBLIC HEARING PROJECT 828 C.R. 6 8 XE NIUM LANE INTERSECTION Iters 6-C RESOLUTION NO* 80-717 ADMING ASSESSWRTT PROJECT 828 C.R. 6 -XE NI (JM LANE INTERSECTION PUBLIC HEARING PROJECT 914 Engineer Moore explained the project in detail and reviewed 16TH AVE. IMPROVEMENT the costs involved. Mr. Moore stated he has received written Item 6-D objections to the project trom Ed and Sophie Petschl, Mr. b Mrs. Alfred 011ikain, Clifford 8 Marion Hanesalo and Daniel R. Sandell. Acting Mayor Oaveriport opened the public hearing at F:15 p.m. Marion Hanesalo, 11058 - 16th Avenue N., stated they have lived inter home for 30 years and they objected to being assessed as commercial property. Mrs„ Hanesalo stateu it would be an oxtreme hardship for them to pay the assessment. Councilmember Neils stated the industrial level assessment costs of $12,028.03 may be deferred for f' re years or until the property is sold and the bale.rce paid over ten years. E. J. Petschl, 12811B - 16th Avenue 'N.; objected to the commer- cial assessment Gf their property on the basi, of hardship and requested that t+eir property be assessed at a residential rate. Acting Mayor (Davenport explained dthe property is assessed on the basis of how it will be developed and the portion of the assessment based on an industrial rate may be deferred for five years or until the property is sold. Mr. Petschl inquired if the assessment can be extended for 20 years. Acting Nkiyor Davenport replied the general obligation bonds covering this improvement project have a payback period of 15 years, and the assessments must be paid in the same period. Sophie Petschl, 12811B - 16th Avenue N., asked what portion o their assessment may be deferred, Acting Mayor Davenport replied $11,281.29 represents the difference between the resideati3O A111 ;aiviercIal rate that nmay be deferred. 336- Special Council Meeting September 29. '980 Page 337 Alfred 011ikain. 130218 - 16th Avenue N., asked ooh -At portion of his assess- ment may be deferred* Acting Mayor Davenpo:•t replied $14.075.28 may be deferred. Mr. 011ikain requested Council to defer this portion of his assessment. Earle J. Niederluecke, attorney representing William Stevenson. owner of Lots 39 4 and 5 of PIFUth Orchards Addition. presented Council with notice of his objection to the assessment stating Mr. Stevenson was not paid for the easements he granted for streets and he asked that Council reconsider his assessment taking this into consideration. Mr. Niederluecke as.'ed if the assessments for the two lots which did not have commercial uses may be deferred. Manager Willis replied it is the policy of the City to defer assessments only for parcels that are being homesteaded. The hearing was closed at 8:35 p.m. Acting Mayor Davenport requelited Council to consider a 15 -year amortiza- tion of the assessments for homesteaded parcels that will be deferred. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt. to defer action on Project 914 until further review by the Assessment Conmlttee. Motion carried, four ayes. MOTIN was made by Councilmember Neils, seconded by Councilmember RESOLUTION NO. 80-718 Hoyt, to adopt RESOLUTION N0. 80-7189 A RESOLUTION DEFERRING DEFERRIM ASSES- ASSESSMENTS FOR THE FOLLOWING PARCELS FOR PROJECT 9149 16TH PROJECT 914 AVENUE IMPROVEMENTS: $12,028.03 FOR PIN 027-118-22-43-0002; 15TH AYE. IMPROVE S 119281.29 FOR PIN 027-118-22-44-0002; $14,075.28 FOR PIN # Itk4r. u -D 21-118-22-44-0007 FOR A PERIOD NOT TO EXCEED FIVE YEARS. Motion carried on a Roll Call vote, four ayes. E. ASSESSMENT ROLL - PROJECT 846 - RAPPAPORT ADDN. & ADJACENT AREA PUBLIC HEARING PROJECT 846 Engineer More reviewed Project 846 in detail and reviewed the RAPPAPORT ADDITION costs involved. He reported he has received a written objet- & ADJACENT AREA tion to the assessment from Mr. Rappaport. Item 6-E Acting Mayor Davenport opened the public hearing at 8:43 p.m. Phillip W. Goetz, attorney for Mr. Rappaport, stated Mr. Rappaport's o ,lection to a assessment costso. Ed Kerschke. 3030 Larch Lane. presented a letter objecting to the assess - men s or roject 846 signed by the following: Mr. & Mrs. Ed Kerschke, Edson C. Kerschke, Norman E. & ludella C. Menke, Dick W. & Samantha Durfee, Alfred J. & Alice Tombers, and J. D. & Carm Beaverson. Mr. Kerschke objected to the costs of the project over estimated costs and the length of length of time it is taking to complete the project. He also objected to the manner of assessment. Engineer Moore replied these assessments are prortosed to be spread on a unit basis rather ViAp. by lateral assessments Mr. Kerschke stated he did not wish to pay his assessment until the project 1s ;completed. Councilmember Schneider replied the contractor wit] not be paid until the project is completed, but the assessments must be levied before October 10. 1980. 331- f Special Council Meeting September 29, 1980 Page 338 The hearing was closed at 8:52 p.m. MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adopt RESOLUTION NO. 80-719, A RESOLUTION ADOPTING ASSESSMENTS IN THE ASOUNT OF $244,197.20, PAYABLE OVER A PERIOD OF 5 YEARS, FOR PROJECT 846, RAPPAPORT ADDITION. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adopt RESOLUTION NO. 80-720, A RESOLUTION ADOP71RG ASSESSMENTS IN THE AMOUNT OF $85,129.04, PAYABLE OVER A PERIOD OF 15 YEARS, FOR PROJECT 845, RAPPAPORT AREA EXCEPTING THE FAPPAPORT ADDITION. Notion carried on a Roll Call vote, four ayes. F. ASSESSMENT ROLL - PROJECT 908 - MEDINA ROAD AREA Engineer Moore reviewed Project 908 in aetail and stated a written objection to the assessments has been received from Louanne Kinnen, Acting Mayor Davenport opened the public hearing at 8:55 p.m. Fred Hanus, 15625 - 32P)d Avenue N.. stated he did not object to he assessmert for Project 908, but he asked to be informed if 31st Avenue is vacated in the future since his property needs access from that street. The hearing was closed at 9:00 p.m. MOTIOV was made by Councilmember Hoyt. seconded by Council - member Neils, to adopt RESOLUTION N0. 80-721. A RESOLUTION ADOPTING ASSESSMENTS IN THE AMOUNT OF $1,056,827.21, PAYABLE OVER A PERIOD OF 5 YEARS, FOR PROJECT 908, MEDINA ROAD AREA. Notion carried on a Roll Call vote. four ayes. G. ASSF.SSME NT ROLL - PROJECTS 906/919 - AMERIKS ADDITION - Engineer Moore reviewed Projects 906 and 919 in detail and stated written objections have been received from Mr. S Mrs. Dean Hegge and Howard Scholl . Acting Mayor Davenport opened the public hearing at 9:05 p.m. Howard Scholl, 2735 Nathan Lane, objected to the assessment for armsewer on Medicine Lake Boulevard and stated his entire lot did not drain in this direction. Mr. Scholl inquired if the vacant lots in the area were being assessed. Manager Willis replied they were being assessed for the improvements also. and Mr. Scholl was being assessed only for that portion of his lot that drained into this district. S K -11! RESOLUTION R*,, 80-719 ADOPTING S S MUTS PROJECT 846 RAPPAPORT ADDITION Item 6-E RESOLUTION N0. 80 - ADOPTING ESSMENTS PROJECT 846 RAPPAPORT AREA Item 6-E PUBLIC HEARING PROJECT 908 MEDINA ROAD AREA Item 6-F RESOLUTION N0. 80-721 ADUTTN"SSESSMENTS PROJECT 908 MEDINA ROAD AREA Item 6-F PUBLIC HEARING PROJECTS 906/919 AMERIKS ADDIT10N - MEDICINE RIDGE ADDN. A ADJACENT AREA Item 6-G Special Council Meeting September 29, 1980 Page 339 Dean He e, 2645A Nathan Lane, stated he has lived in his home for 5 years and has not had a drainage problem; therefore, he feels he is not benefitting from the storm sewer and objects to the assessment. Virginia Borg, 2625A Nathan Lane, stated she does not receive benefit from this storm sewer, but she would benefit from a storm sewer on Nathan Lane which drains across her property and floods her basement. Ms. Borg also claimed her neighbor, whose parcel is the same size as hers, received a smaller assessment than her assessment. Acting Mayor Davenport stated staff would research this matter. HaroldHHart wig, 9940 - 26th Avenue N., claimed the drainage system is not working properly since the culverts in front of his house fill up and overflow onto his property every time it rains. Engineer Olson stated this drainage problem is being corrected. Richard Demi,_.,se, 10415 - 28th Avenue N., the developer of Modicine Ridge-Addi tion, presented his written objection to the assessments. Arnold Johnson. 2760 Pilgrim Lane, claimed two-thirds of his property rra n dawn 2ath Avenue rather than Pilgrim Lane. Engineer Moore stated Mr. Johnson's property drains through pipes that were installed as part of this project. John Kelly, 2730 Orleans Lane, objected to the storm sewer assessment an c a med he received no benefit from it. Norman T. Peterson, 2655 Nathan Lane, objected to the storm sewer assessment and asked what the payback period was for this assessment. Acting Mayor Davenport r;oplied it was 15 years. Kirk Hawkinson, 9960 - 26th Avenue, owner of Lot 11, Block 7, objected to the storm sewer assessment and stated he still has a drainage problem in front. of his house. Engineer Olson stated this problem will be cor- rected during this construction sc4ison, Tom Bredemus, 2645 Medicine Ridge Road, asked if the traffic on Medicine ge Fi07an be slowed down. Engineer Moore stated the contractor removed the speed limit signs during construction, but they will be replaced. The hearing was closed at 9:25 pipit MOTION was made by Councilmember Neils. seconded by Council - member Schneider, to adopt RESOLUTION NO. 80-7229 A RESOLUTION ADOPTING ASSESSMENTS IN THE AMOUNT OF 380,638.499 PAYABLE OVER A PERIOD OF 5 YEARS, FOR PROJECTS 906 AND 919, MEDICINE RIDGE AND AMERIKS ADDITIONS AREA, Motion CQeried on a Roll Call vote, four ayes, 339- f RESOLUTION N0. 80-722 ADOPTY NG M"SSRENTS PROJECTS 906/919 MEDICINE RIDGE a AMERIKS ADDITIONS AREA Item 5-G Special Count311 "wtt{gig September 29, 1980 Page 340 MOTION was made Fy Councilmember Neils, seconded by Councilmember Hoyt, to defer action on those assessments in Projects 906 and 919 outside Medicine Ridge and Am!riks Additions for the purpose of further review by the Assessment Committee especially in regard to the storm sewer assessment. Motion carried, four ayes. H. ASSESSMENT ROIL - Engineer Moore the method of ECT 802 - LARCH LANE IMPROVEMENTS reviewed the project in detail including assessment. Acting Mayor Davenport opened the public hearing at 9:32 p.m. Gail Petersen, 4930 Kirkwood lane, objected to the assessment of this ec't on a unit basis and proposed it should be assessed on a lateral basis. She Mated she has no driveway access to Larch Lane and feels her assessment is unfair. Councilmember Neils explained the method of assessment and stated anyone who was assessed for construction of larch Lane in the past will only be assessed for curb and gutter at this time, PUBLIC HEARING PROJECT 802 LARCH LANE IMPROVEMENTS Item 6-H A. M. Allan, 4205 Hemlock Lane, presented a written objection to thea essment for Project 802 and stated the project destroyed the wetlands adjacent to his homes for which he paid a premium price for his home, Engineer Moore replied the developer platted the street right-cf-way for Larch Lane and requested that all costs be divided on a unit basis. He suggested Mr. Allan check, with the developer to see if the money for the assessment is in escrow and to settle the question of the premium price for his lot next to the wetlands, The hearing was closed at 9:45 p.m. MOTION was made by Councilmember Neil:, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 80-723, A KLSOLUTION A00P1_1N!i ASSESS- MENTS IN THE AMOUNT OF $286,247.37, PAYABLE OVER A PERIOC OF 5 YEARS FOR PROJECT 802, LARCH LANE AREA, WEST RIDGE ESTATES. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO, 80-7240 A RESOLUTION ADOPTING ASSESS- MENTS IN 'THE AMOUNT OF $144,068,02 FOR PROJECT 8021 PAYABLE OVER A PERIOD OF 10 YEARS, FOR THE LARCH LANE AREA, EXCEPT WEST RIDGE ESTATES, SCHMIDT LAKE HILLS, EVONNE'S LAKEVIEW ADDITION. Motion carried on a Roll Call vote. four ayes, 340- RESOLMON N0, 80-723 A6MNG ASRSVM PROJECT 802 LATCH LANE ARCA WEST RIDGE ESTATE Item 6-H RESOLUTION NO, 80424 ADOPTING ASSESSMENTS PROJECT 802 LARCH LANE AREA EXCEPT WEST RIDGE ESTATES, SCHMIDT LAKE HILLS, EVONEE'S LAKEVIEW ADDN, Item 6-H Special ¢'eet i ng September 19, 1W Page 341 I. ASSESSMENT ROLL - PROM VICKSBURG LANE NORTH OF C.R. 9 Ensineer Moore described Project 801 in detail and reviewed the costs involved. Acting Mayor Davenport indicated the parcels which are proposed to be deferred, The public hearing was opened at 9:51 p.m. Richard Davideit, 44?0 Vicksburg Lane, presented a list of items that ve not yet been completed and stated he feels they should be completed before the assessment is levied. Acting Mayor Davenport asked Engineer Moore and Engineer Olson to meet with Mr. Davideit and let him know when he could expect these items to be completed. PUBLIC HEARING PROJECOY 001 VICKwSBURG LANE OF COUNTY ROAD Item 6-1 Gordon Bllihm, 6045 Vicksburg lane, presented his written objection to the assessment and stated he felt there should have been a max- imum assessn*?nt for 300 front feet. Mr. Bluhm stated he was not properly not'<ced for either the first or second public hearing on this project. Acting Mayor Davenport stated the addresses for the asses:,ner,t notices are taken from the Hennepin County Assessor's rolls and thtay are often not updated. Attorney Lefler stated this matter shouli be addressed by the Legislature, since at present the statute states if the property owner does noc receive a notice, it is his responsibility to inform th, County Assessor and get his name on the rolls. Geraldine St-ey_, 5750 N. Vicksburg Lane, presented her written objection to the assessment and stated she objected to the front footage she was assessed for and the trees removed from her property. Ms. Shey claimed her neighbor moved his fence and installed it on her propeety and she was unable to find the original survey stakes on her property. Acting Mayor Davenport stated the City will be responsible for replacing the survey stakes on her property and he explained her deferred assessment at her request. Al Goblirsch, 5505 Vicksburg Lane, stated he inderstood that any discrepancies resulting from the project will be corrected when the find] clean up takes place and that the assessment will not be levied until the clean up takes place. Acting Mayor Davenport stated that the assessment must be levied before October 10 to be included on the 1981 assessment rolls, but the property must be restored to the condi ti( n existing before the project was begun and the City will not authorize final payment to the contractor until that time. Mr. Goblirsch stated the residents did not petition for the road and it is fur the benefit of the development at the south end of the road and it would not benefit anyone north of the MUSA line from a development point of view. 341- F NORTH 9 Special Council Meeting September 22. 1980 Page 342 Betty Begin, 12615 Rockford Roao, inquired how the assessment was arrived at since it far exceeded the actual cost of the street. Pia nayer Willis stated the costs included easement acquisition, engineering costs and court costs resulting from arbitration with the contractor for an overrun of costs. Mrs. Pegiii inquired if the water line to Amhurst is part of the assessment. Councilmember Veils replied then is no 'ateral benefit assessed to anyone along Vicksburg Lane for this water line except for one parcel that has requested to be hookep up. He explained what was incl-ided in the cost of the assessment. Jim Guddal, 4465 Vicksburg Lane, presented a written request for amo rat7on of his assessment over a five-year period and asked that the culvert on his property be corrected and the drainage ditch dredged to carry water off to the slough. He displayed photographs showing the condition of the culvert and ditch at present. Engineer Olv-on stated they will remedy the drainage problems temporarily, but extensions of the storm sewer will have to be made downstream of this area. Mr. Guddal objected to the poor scheduling of the project and stated erosion control measures were not effective because the area was not seeded in time. Engineer Olson stated hc: would see that the crea is cleaner up as rapidly as possible. Dennis P• ne, 4435 Vicksburg lane, inquired what the costs of ease- ments were for the project. Engineer Moore replied $18,000 was paid to property owners for easements ana dama0es to property and this was spread over the project. Mr. Arne inquired if deferment of the assessment was based on 600 front footage or 10 acres. Engineer Moore replied both criteria had to be met for deferment. Glenn laBorde, Jr., 4430 Vicksburg Lane, stated there could have been better coordination in the scheduling and clean up of the project, and he lids been waiting for one year to have some items corrected. Engineer Olson stated efforts to complete the work have been delayed by the contractor, who is in arbitration with the City, but he hopes to have the clean up completed in two kNeeks. Mr. 81uhm stated he wished to make a formal request to have the survey stakes on his property replaced. The Manager presented a letter from Mr. Gerry Butcher, representirg Plymouth Covenant Church, objecting to the assessments for Project 801. The hearing was closed at 10:40 p.m. MOTION was made by Councilmember Hoyt, seconded by Cuuncilmember Neils, to adopt RESOLUTION N0. 80-7250 A RESOLUTION ADOPTING ASSESSMENTS IN THE AMOUNT OF $27,262.63, PAYABLE JVER A PERIOD OF 5 YEARS, FOR PROJECT 801, VICKSBURG LANE NORTH OF COUNTY ROAD 9 FOR AMHURST ADDITION. Motion carried on a Roll Call vote, four ayes. 342- RESOLUTION NO. 80-725 PROJECT dor VICKSBURG LANE NORTH OF C. R, 9 ANHURST ADDITION Item 6-I Special Council Meeting September 29, 1980 Nage 34J MOTION was made by Counc i lmember Hoyt, seconded by Council -.ember Neils, to adoot RESOLUTION NO. 80-726, A RESOLUTION ADOPTING ASSESSMENTS Ik THE AMOUNT OF $310,127.52, ?A -!ABLE OVEk A PERIOD OF 10 YEAPS, FOR PROJECT 801, VICKSBURG LANE NORTH OF COUNTY ROAD 9 EXCEV; AMHURST ADOITION. Motion carried %n a kol l r . t l vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, to adopt RESOLUTION NO. 80-727, A RESOLUTION DEFERRING ASSESSMENTS FOR THE FOLLOWT.VG PAKELS FOR PROJECT 801: 4-118-22-23-0001 i 39,060.00 4-118-22-32-0001 89131.50 4-118-22-33-0001 8,029.00 5-118-22-41-000J 22,785.00 5-118-22-44-0003 119175f,50 8-118-22-11-0001 139562.50 8-118-22-11-0031 19690.91 8-118-22-44-0001 229242.50 9-118-22-22-0006 79595.00 9-118-22-23-0005 7,182.70 9-118-24"-32-0003 6,510.00 16-118-22-9'2-0003 89246.00 FOR A PERIOD NOT TO EXCEED FIVE YEARS. Motion carried on a Roll Call vote, four ayes. The Council recessed from 10:45 to 10:50 p.m. J. ASScSSMENT ROLL - 1980 STREET LIGHTING Engineer Moore reviewed the City's street lighting policy. Acting Mayor Oavenpurt opened the public hearing at 1n,1:53 p.m. Barb Scott, 16645 - 14th Avenue N., inquired if her assessment inr, u e nstallation and maintenance of the street lights. Engineer Moore replied the pity leases the lights from the electric company and pays an annual fee for maintenance. He stated Ms. Scott's assessment in a new development was for a two-year period, and she could expect a smaller assessment next year. Ms. Scott inquired if all lots are assessed equally whether or not they are built on. Engineer Moore stated they were all assessed equally. The hearing was closed at 11:02 p.m. MOTION was made by Councilmember Schneider, seconded by Council - member Nnyt, to adopt RESOLUTION N0. 80428, A RESOLUTION ADOPTING ASSESSMENTS IN THE AMOUNT OF $73,547.95 FOR 1980 STREET LIGHTING. Motion carried on a Roll Call vote, three ayes. Councilmember Neils abstained. 343- RESOLUTION N0. 80-726 W..7WISSE SSM$ PROJECT 801 VICKSBURG LANE NORTH OF C.R. 9 EXCEPT AMHURST ADDITION Item 6-I RESOLUTION N0, 80-727 DEFERRING ASSESSM PROJECT 801 Item 6-1 PUBLIC HEARING 1980 STREET LIGHTING Item 6-J RESOLUTION AMPTING AS 1980 STREET Item 6-J 60 - ecial Council Meeting September 29, 1980 Page 344 PETITIONS, REQUESTS AND COMMUNICATIONS Manager Willis asked Council to clarify the City's Policy on Storm dater Ponds and Site Drainage and to determine whether density should be calculated in terms of the natural high water level or the 100 -year high water level. The Manager reviewed the City Engineer's definition of "natural ordinary high water level" and his recommended amendment to the City's policy relating to storm water ponds. Mayor Willis suggested, at the request of Mayor Hunt if the policy is amended, to add the following condition as Item 10: In the case of Planned Unit Developments, certain credits will be given for density between the normal high water level and the 100 -year high water level, but no bonus points will be calculated for this. Councilmember Neils stated the DNR will establish the normal ordinary high water levels on public water, but he questioned how this policy can be administered on non-public waters. Engineer Moore replied the responsibi'ity to determine the normal ordinary high water level will be with the developer contingent on the City Engineer to validate its accuracy. John MacNeil, 2720 Comstock lane, recommended that the City retain tt s present policy for determining density credit which is based on the 100 -year high water level since he has seen the 100 -year water mark surpassed several times in the past 10 years in another community in which he resided. Oim Cabrielson, 27411 Comstock Lane, supported the position that the i0 -year Eigh water level be maintained for density calcula- tivops and asked for an explanation of the :.tural ordinary high water- level versus tK- 100 -year high water level. Engineer Moore explained these definitions. Acting Mayor Davenport lnauired with respect to computing density which of the two criteria would be more conservative. The Engineer replied in most cases it would be the 100 -year high water level. Councilmember Neils stated regardless of which definition would be used, the building structures would be required to be placed at the same minimum elevation --2 feet above the 100 -year high water level. Councilmember Neils also noted in a significant part of the City, particularly in single-family home areas. many lots abut ponds and are part of a drainage easement. In terms of crediting usable land area, it has been a matter of common practice to use the area below the 100 -year high water level for single family detached plats. Manager Willis stated most developers at present are utilizing the PUD ordinance which permits them to have greater design flexibility and to have greater density than a traditional single family plat and enables them to preserve the natural amenities of the land. Developers are using this device to provide moderate priced housing. Acting Mayor Davenport expressed :oncern that changing the City's 344. POLICY ON DENSITY CREDIT FOR PONDS Item 7-A Special Council Meeting September 29. 1980 Page 345 John Seaeth, developer of Lillie Pond, stated he understood that, according to the City's Storm Sewer Plan, if a pond is not needed in the drainage plan, the City does not have control over its use. Mr. Spaeth stated he felt that the Storm Sewer Plan should be the basis for determining density. MOTION was made by Councilmember Schneider. seconded by Councilmember Neils, to defer amending the Policy on Storm water Ponds until after the RPUD Ordinance has been reexamined in terms cif its intent and what its application has resulted in. Motion carried. four ayes. Manager Willis Introduced rrvisions to the approved RPUD Preliminary Plat and Condition Use Permit for Lillie Fend MPUD for John Spaetk based on revised engineering data establishing the high Nater' elevation at 995.5 and the normal ordinary high water elevation at 991. The RanaSer reviewed three calculations for density credit for the parcel based on this revised information. Jim Gabrielson, 2741 Comstock Lane, stated he felt the Council should no Me further action until the land swap with the church was settled and the ponding area finally determined. Mitzi Witchger, 16531 - 26th Avenue N.. inquired what difference t e an exc ange with the church would result in. Manager Willis replied the added land would allow the developer two additional units increasing the number of approved units from 53 to 55. MOTION was made by Councilmember Davenport, seconded by Council - member Schneider, that in calculating density the ponding area be deducted proportionately from both the LA -1 and LA -2 areas. SUBSTITUTE MOTION was made by Councilmember Schneider. seconded by Councilmember Hoyt, to defer action on amendment of ponding density credit for the Lillie Pond plat until the Council revises the City's Policy on Storm Water Ponds and Site Drainage. Motion carried three ayes. Councilmember Davenport voted nay. Couricil considered the resolution proposed revising the Lillie Pond plat and the proposed calculations for density. MOTION was made by Councilmember Neils. seconded by Council - member Hoyt, to adopt RESOLUTION NO. 80429. A RESOLUTION AMENDING RESOLUTION N0. 80405 APPROVINC' PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FAR LILLIE POND MPUD FOR JOHN, SPAETH. MOTION TO AMEND was made by Courucilmember Davenport, seconded by Councilmember Schneider. by deleting Condition 12 relating to the d!stribution of the attached dwelling units from the Resolution. K)tion to amend carried. four ayes. 345- AMENDING PRELIMINARY PLAT - LILLIE POND JOHN SPAETH (80006) Item 7-8 a, RESOLUTION N0. 80-729 AMENDING RESe Mft (9 APPROVING PRELIMINARY PLAT d CONDITIONAL USE PERMIT FOR LILLIE POND MPU D JOHN SPAETH (80 Item 7-8 Special Council Meeting September 29, 1980 Page 346 MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Hoyt, by substituting a new Condition 1? requiring that the approved number of units is subject to an acceptable final design t-ased upon possible land exchange with the adjacent church property and upon final site plan approval. Motion to amend carried, four ayes. MOTION TO AMEN was made by Councilmember Schneider, seconded by Councilmember Neils, amending Condition F to indicate Cal,:ulation A in the September 26, 1980 staff report. and approving a density not to exceed 45 units consisting of 15 single family un!s and 15 two-family dwellings. Motion to amend carried, three ayes. Councilmember Davenport voted nay. John S aeth, petitioner, stated he would prefer to wait for approval until the policy for density for ponding is resolved. Attornej Lefler stated he felt petitioner did not have to go back to the Planning Commission amend the preliminary plat or site plan in regards to density credits should the policy be changed. Motion to adopt RESOLUTION N0. 80-725, as amended, carried on a Roll Call vote, four ayes. MUTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 80-730, A RESOLUTION URGING AND DIRECTING MEMBERS OF ADVISORY COMMISSIONS TO PHYSICALLY VIEW AND INSPECT PROPERTIES AND SITES WHICH ARE THE SUBJECT OF COMMISSION DELIBERATIONS amending the last line of the Resolution by adding the following language: whenver personal schedule permit." Motion carried on a Roll Call vote, four ayes. Engineer Moore reg ended denial of the petition for stop signs at Nathan lane and 28t',4 Avenue and Kilmer Lane and 28th Avenue since the purpose of stop signs is not to slow traffic down, but rather to establish right-of-way. Wayne Reichert, 9830 - 28th Avenue N. , they wish to reduce thespeed 67 he traffic in the area by any mearv,, possible since traffic from new developments in the area n„. increased traffic and resulted in hazardous conditions for residents, particularly with many children in the area. Ed Newmann, 9800 - 28th Avenue N. , stated the tvai schools in the areaand the great number e! children rasiding on these streets demand a slower speed for traffic. 346- RESOLUTION mO. 80430 ADVISORY COMMISSIONS TO VIEW AND INSPECT PROPERTIES AND SITES Item 7-C PETITION FOR STOP SIGN NATHAN LN. A 28TH AYE. KILMER LN. & 28th AYE. Item 7-D Special Council Meeting September 29, 1980 Page 347 MOTION was made by Councilmember Neils, seconded by Counc+l- member Hoyt, to adopt RESOLUTION NO. 80-731, A RESOLUTION APPROVING INSTALLATION OF STOP SIGNS AT NATHAN LANE AND 28TH AVENUE AND KILMER LANE AND 28TH AVENUE. SUBSTITUTE MOTION was made by Councilmember Hoyt, seconded by Councilmember %chneider, to adopt RESOLUTION NO. 80-731, A RESOLUTION APPROVING INSTALLATION OF STOP SIGN AT KILMER LANE AND 28TH AVENUE. So11.stitute motion carried oa a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adopt RrSOLUTION NO. R0-132. A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING *'REPARATION OF REPORT FOR STREET LIG ITING - HERITAGE ESTATES 2ND ADDITION. Motion carried on a Roll Call vote, three ayes. Councilmember Neils abstained. MOTION was made by Councilmember Neils, seconded by Council - member k-hneider, to adopt RESOLUTION N0. 80-733. A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPO[;T FOR STREET LIGHTING - HERITAGE ESTATES 3RO ADDITION. Notion carried on a Roll Call vote, three ares. Councilmember Neils abstained. MOTION was made by Couivilmember Neils, seconded by Council- etember Schneider, to adopt RESOLUTION NO. 80-734, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REF9RT FOR STREET LIGHTING - MISSION N!LLS PARK 7TH ADDITION. Motion carried cin a Roll Call vote, three ayes. C- unci lmember Neils abstained. MOTION was made by Counci1men er Neils, secomied by Council - member Schneider, to adopt RESOLUTION NO. 80-735, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT N0. 008, rHASE I - PIPE LAKE TRUNK SEWER. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adapt RESOLUTION N0. 80-736, A RESOLUTION APPROVING CHANGE ORDER We 1 FOR PROJECT NOS. 0136 916 AND 943. FABER PLACE UTILITY IMPROVEMENTS, BY ADDING $8,262.00 TO THE PREVIOUS CONTRACT PRICE OF $2236693.20. Notion carried on a Roll Call vote, four ayes. 347- RESOLUTION N0. AO -731 APPROVTRG STOP N KILMER LN. A 28TH AYE. Item 7-D RESOLUTION N0. 80432 ACCEPTING PET!T10FM ORDERING PRELIM. REPORT FOR STREET LIGHTING HERITAGE ESTATES 2ND ADDITION - Item 7-E-1* RESOLUTION NO. 80-733 ACCEPTTNU77(TMNM0 ORDERING PRELIM. REPORT FOR STREET LIGHTI HERITAGE ESTATES ADDITION - Item 7 RESOLUTION NO. 80434 ORDERING PRELIM. REPORT FOR STREET LIGHTING MISSION HILLS PARK 7TH ADDITION - Item 7-E• 'j - RESOLUTION N0. 80435 S ORDWING ADV. FOR BIDS PROJECT 008 - PHASE I PIKE LAKE TRUNK SEWER Item 7-F'* RESOLUTION NO. 80-736 APPROVING CONGE MM PROJECTS 018/916/943 FABER PLACE UTILITIES Item 74-1* Special Council Meeting September 29, 1980 Page 348 MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION N0. 80-737 member Schneider, to adopt RESOLUTION NO. 80-737, A RESOLUTION APPROVING CHANGE ORDER NO, 1 FOR PROJECT 9519 11979 TV INSPECTION, PROJECT N0. 951 BY ADDING $6541.35 TO THE PREVIOUS CONTRACT PRICE OF $116955.75. 1979 TV INSPECTION Item 7-G-2* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmerriber Neils, seconded by Council- RESOLUTION N0. 80-738 member Schneider, to adopt RESOLUTION N0. 80-7389 A RESOLUTION Iffi TMR APPROVING CHANGE ORDER N0. 2 FOR PROJECT 808, PUBLIC UTILITIES PROJECT N0. 808 BUILDING EXPANSION, BY ADDING $4,211.59 TO THE PREVIOUS CONTRACT PUBLIC UTILITIES PRICE OF $5069918.00. BUILDING EXPANSION Item 7-G-3* Motion car,•ied on a Roll Call vote, four ayes. MOTION Has made by Coum:ilmember Hoyt, seconded by Council- RESOLUTION We 80-738A member Neils, to adopt RESOLUTION N0. 80-738A,A RESOLUTION REWST TWMRW AUTHORIZING PAYMENT UPON REQUEST FOR PAYMENT N0. 7 AND FINAL PROJECT NO. 808 IN THE AMO'sINT OF $34,439.54 TO LOWRY HILL ENTERPRISES FOR PUBLIC UTILITIES PROJECT NG. 908, PUBLIC UTILITIES BUILDING EXPANSION. BUILDING EXPANSION 7 -H-1 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded kv Council- RESOLUTION NO. 80•T38B member Neils, to adopt RESOLUTION NO. 80-738B,A RESOLUTION Rr % Fff AUTHORIZING PAYMENT UPON REQUEST FOR PAYMENT N0. B AND FINAL PROJECTS 811 $ 813 IN THE AMOUNT OF $10,402.77 TO NODLANO ASSY IATES, INC. FOR LOST LAKE AREA AND PROJECT NOS. 811 AND 813, LOST LAKE AREA AND OAKVIEW LANE OAKVIEW LANE WATERMAIN WATERMAIN. Item 7-H-2 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION N0. 80-738C member Neils,, to adopt RESOLUTION N0. 80-738C, A RESOLUT ON mum FOR PMENT AUTHORIZING PAYMENT UPON REQUEST FOR PAYMENT N0. i AND FINAL PROJECT N0. 902 IN THE AMOUNT OF 529,050.72 TO NORTHDALE CONSTRUCTION CO. NORTHWEST INTERCEPTOR FUR PROJECT N0. 902, NORTHWEST INTERCEPTOR SEWER. SEWER - Item 7-H-3 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION N0. 80-7380 member Schneider, to adopt RESOLUTION NO. 80-738D,A RESOLUTION REQUEST AUTHORIZING PAYMENT UPON REQUEST FOR PAYMENT N0. 1 IN THE PROJECT N0. 425 AMOUNT OF $297$55.81 TO NORTHDALE CONSTRUCTION, INC. FOR 01TERION MPUD UTIL. PROJECT N0. 925, CRITERION MPUD LITILIT;ES. Item 7-H-4* Motion carried on a Roll Call vote, four ayes. The meeting adjourned at 12:35 a.m. 348-