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-
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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-