HomeMy WebLinkAboutCity Council Minutes 02-17-1981 SpecialPage 47
MINUTES
SPECIAL COUNCIL MEETING
February 17, 1981
A specia meeting of tate Plymouth City Council was called to order by r'ayor Oavenport
at 7:30 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on
February 17, 1981
PRESENT: Mayor Doverport, Councidmembers Hoyt, Nems, Schneider and Threinen, City
Manaa:•r Willis, Engineer Moore, Assistant Engineer Sweeney and Attorney Lefler.
ABSENT: Nene.
Mayor Davenport requested ;'.3uncil to delete Item 6 from the Consent
Agenda and to consider it in normal sequence on the agenda.
PUBLIC HEAR'NGS
Mayor Davenpnrt introduced the public hearing on the proposed assess-
ment for Lne Parker's Lake Area drainage Improvements, Project No. 606.
The Mayor announced the notice of hearing was published in the official
City newspaper, the New Hope -..Plymouth Post, and a notice was mailed to
own.,!rs of each parrot escri ed in the assessment roll.
Manager Willis reviewed the project costs and the allocation of these
costs and described the assessment polir,ies and procedures of the City.
Engineer Moore reviewed the revised assessment districts in detail and
the proposed method of assessment.
3yor Davenport opened the publ lc 1 .,tr i ng at 7:50 p.m.
CONSENT AGENDA
Item 4
PUBLIC HEARING
ASSESSMENT ROLL
PROJECT 606
PARKER"S LAKE
AREA DRAINAGE
IMPROVEMENTS
Item 5-A
The Mayor announced written objecri,,trs to the assessment have been received
from the ftillowinl:
Emil C. Kaev,.;Lr E1df,r Johnson Stephen A Betty Saunders
540 Orcl-od Lane 1-i4;:0 3rd Avenue No. 550 Quantico Lane
Fugene R. A Mildred G. Larson
1115 Pineview Lane No.
Jim A Gwendolyn Wells
Solomon A. We' 1 s et a 1., )
445 Quantico Ont.
Erwin E. 5totbe
315 Pinevied Lam., No.
Colin Kan*cr
820 Niagara La, e
John L. A Mary j. Malmstedt
15 Niagara La -ie No.
onhn Hag(
515-C Harbor Lane No.
4'att/Peterson, Inc.
150LI0 ?7th Avenue Nn.
Wagner Spray Tech Corp.
1770 Fernbrook Lane
Lytton Industries
1405 Cenium Lane No.
D. Dwight Prams
330 Wedgewmt Lane
Dennis C. Nelson
4100 Wedgewood Lane
American Hospital Supply
13300 6th Avenue No.
47.
Harold R Beverly Gustafsin
12910 County Road 15
Erwin B. P,sav0a
21820 County Road 15
Kenneth J. Weiler
15335 9th Avenue NCO
I. Covona Wolfe
15405 9th Avenue No.
MN. a Mrs. John D. Jackson
315 Orchid Lane
Special Council Meeting
February 17, 1981
Page 48
Rudi 1ph 0. b Lois M. Bjerke
144:5 - 15th Avenue No.
rrederici. P. Bosman
1885 glacier Lane
Harvey 0. a Grace Brevik
14105 - 13t1; Avenue No.
Earl E. Blocher
12130 County Road 15
Corliss 0. b Faith M., Burandt
14510 - 13th Avenue No.
Floyd E. or Elaine M. Campbell
14520C - 14th Avenue tic,
Wesley E. 8 Gonna D. Carlson
14;05 - 14th Avenue No.,
J. David or Marietta Digatono
14530 - 7th Avenue No.
Irene Eckes
15235C - 9th Avenue No.
Jean or Rolf Erickson
14520 - 12th Avenue No.
Roy Jr. S ,lane H. Hitchcuek Allen G. A Helma She N
1704 Niagara Lane No. 415 Harbor Lam
Mary Horeck
145300 - 15th Avenue No.
Mr. b Mrs. Charles Hughes
150200 - 9th Avenue No.
Leon d Janice Jacobson
645 Orchid lame No.
Louise K. b Donald k. ruhnle
14420 - 14th Avenue No.
0. J. i Relen K. Laing
830C North Ithaca Lane
Reginald L. A Joan M. McNutt
805 Harbor Lane
Raymond E. Make;a
14504C - 10th Avenue No.
Roger a Helen :1at , i
925C N. Minnesota Lane
Judy R. Maul
14533 - 7th Avenue No.
Max L. 3 Heltdo E. Smith
14912 Ccunty Road 6
Harold M. b Julie Sve3dahl
14523 - 7th Avenue No
Steven A. 3 Marilyn 5-rcryo
131128 Ccrnty Road 'S
Geraldine L. White
14415C - 15th Avenue No.
Mark H. b Laura F.. W-:lles
555 North Pineview Lane
Gerald G. b Noma Wilson
540 North Pineview Lane
Gerald b Pat Koslowsky
50 marbnr Lane
Curtis 3 Jeaii Si l lman
705 Kingsview Lane
Louise A John Uveges
320 Quantico Lane
Vernon A. A Lorraine F. Erickson Charles W. A Elaine B. liorris Elit. A .enneth Anderson
835C Ithaca Lane No. 14515 - 13'h Avent.e No. 300C Niagara Lane No.
Albert W. A Hildegarde Erickson Gary M. A Maey E. Nelson Marvin A Elyce Arvidson
14930C - 9th Avenue No. 615 Harbor Lane 735 Quantico Lane
Dr. Stephan S. A Janet L. Everly Kenneth ' . ' iry L. Neucgens Daniel A Lois Baker
12410 Ravenwood Road 14407 Courky Road 6 1345 Oakview Lane
John r. hr 3onniH Friedmeyer I;I Mr. 8 Mrs. William J. Nunn
14425 - 13th Avenue No. 15225 9th Avensie No.
Kenneth R. A Mildred E. Gardner
12400 Harbor Lane
John G. A Delores J. Gause
840 Vici:shurC Line
Ronald 3 Shirley M. Hendricks
14320 - i4th Avenue No.
Ro.wert L. A Judith 4endrickso!
815C Haroor Lane North
Eugene Henry
1410 Juneau Lane No.
LeRoy A. A Elisabeth Reinke
14411 County Road 6
Byron L. Schaefer
14694 - 12th Avenue No.
Richard W. A Helga H. Schmidt
14310 - 13th Avf.:vlue No.
Ronald E. Schumacher
525C Harbor Lane
Martin F. R Judith Sheehan
145450 - 7th Avenue No.
48.
Robert Cjo0lund
550 Orchard Lane
L%4sl ie A 71aine Bocksel l
14505 - 14fh Avenue No.
Mark A Janice Bogenrief
1860 Juneau Lane
John Boye
Boyer Construction C
1125 Oalcview Lane No.
Steven R lois Carley
1535 Juneau Lane
Special Council Meeting
February 17, 1981
Page 49
Eugene & Audrey Cole Larry Karkela
13106 County Road 15 329 Re Pinewood Lane
Glen Suzette Christianson Kenneth Kessel
700C Harbor Lane 14520 - 17th Avenue No.
Everett & Carol Cline C. G. LaPointe
1230C Harbor Lane 435 N. Zinnia Lane
Melvin Ruby Cressman Warren & Sandra Larson
14420 - 15th !avenue No. 14610 - 13th Avenue No.
John Loretta Curran David & Linda Laverty
1615 Quebec 900 Pineview Lane
Mr. Mrs. Vle Czech Daniel Letter
35B Pineview Lane No. 14430 County Road 6
Gerald 1 Sandra Doran Robert Marilyn Miggins
12503 - 11th Avenue No. 13416 ounty Road 15
Henriette Dunn Jeffrey b Deanna Montang
324 Vinewod Lane No. 14430 - 14th Avenue No.
Bruce rarney Gordon Nelson
1145 Pineview Lane 408C Berkshire Lane No.
Laurel R JoAnn Flemming Roger Newman
504 Harhor Lane 14520 - 13th Avenue No.
Mr. R firs. C. W. Gordon William & Jean Nordstrom
135128 County Road 15 14340 - 12th Avenue No.
John C. Hammond Clarence A Eunice Noreen
410 Wedgewood Lane 7300 Lanewood Lane
Charles R Cheryl Hendricks Arvin A Shirley Olson
330 Ranchview Lane No. 14425 - 17th Avenue No.
John 4ovanec Kenneth Pauly
305 Wedgewood Lune No. 15730 - 2nd Avenue No.
Leonard A Marilou Iverson James A Geneva Perrizo
310 Kingsview Lane 14330 14th Avenue No.
Bruce & S. A. Janowiec
815 P-Ineview Lane
David & Jilt Johnson
420 Ranchview Line
J. F. R Elsie Jones
125118 County Road 15
James b Carolyn Sentman
13510B County Road 15
Howard 5ilsby
825 Windemere Curve
Richard & Darlene Sollie
510 N. Wedgewood Lane
Stuart & Merry Thorson
14435 - 13th Avenue No.
Clifford h Marlys Wallace
230 Niagara Lane No.
Robert & Marguerite Wiiey
730 Kingsview Lane
William & Patricia Redick
12316 - 12th Avenue No.
Robert & Marilyn Randall
425 Harbor Lane
Bernice Keerling
925 Ithaca Lane No.
Marilyn Walls
14810 County Road 15
Hi lma Oestreich
12507 - 15th Avenue No.
Elaine D. Fisher
735 Harbor Lane
Jane Engene
14650C - 13th Avenue No.
Bruce E. Bodin
630 Lanewood Lane
David G. Usher
725C Lanewood Lane
Robert A M. Anita Pfaffinger Kyle R. A Martha A. Worley
800 Ithaca Lane No. 720C Lanewood Lane
Glen R Sally Pulver
510 Lanewood North
Janice R Philip Rodberg
310 Niagara Lane No.
49-
Mildred Me Ketzner
14417 County Road 6
Eric D. R Carolyn Racine
1880 Glacier Lane
Special Council Meeting
February 17, 1981
Page 50
Tom Th,.)rfinnson, representing Wagner Spray Tech Corporation, stated he has
su mitte a written objection to the proposed assessme:it setting forth the
objections of his client.
Natalie L. Gaull, reprasentinj Litton Microwave Cooking Products, stated she
has submnitt3 a written jbjection to the assessment for t,.1 client. Ms. Gaull
pointed out that unless a written objection is presented tk. the City Clerk prior
to or at the public hearing, the assessment may not be appealed to the District
Court. Ms. Gaull proposed that Litton is not benefitting by this project and
the market value of their property will be not be increased by an amount equal
to the assessment. On that basis, Mr. Gaull challenged the assessment as it
affects Litton. She asked that the matter be heard at a later date after they
have had an opportunity to meet with the City Engineer and discuss the matter
of benefit.
Desyl L. Peterson, representing 110 residents of the area, presented a summary
of o ject ons to the special assessment for their property in order to preserve
their appeal rights. Ms. Peterson stated the basis of their objection is that
there is no benefit that has been shown to the owners of these properties.
Bruce Johnson, 820 Shenandoah Lane, claimed he did not benefit from the project
and believesall the property west of his home also contributed to the Parker's
Lake drainage district. Mr. Johnson stated he believed the water from his pro-
perty does not have direct run off into Parker's Lake. Mayor Davenport replied
the drainage does not have to be exclusively from direct run off, but water from
the property mus: contribute to the drainage area.
Roger Matti, 925;; Minnetonka Lane, presented his written objection to the assessment.
Everett Cline, 1'L'30 Harbor Lane N., requested that industries in the drainage dis-
trict disposing of water from their cooling systems into the drainage system be
assessed an additional amount for this additional amount of water that enters the
system. Mayor Davenport replied these industries are assessed at a commercial/
industrial rate, which is 2-1/2 times the residential rate, and may not be assessed
over this amount unless spacial benefit is proved.
Eric D. Racine, 1380 Glacier Lane, inquired how his townhome will be assessed.
Mayor Davenport replied it will be assessed at the residential rate and Engineer
Moore explained the assessment policy for a townhouse de'telopment. Mr. Racine
asked how the pro,;ect henefitted his property. Mayor Davenport explained he
benefitted to the ,extent that the development of Cimarron East increased the
run off from the district into Parker's Lake.
Kenneth Gardner, 1230 Harbor Lane, stated he has lived on the same property for
30 yearsa—dclaimed there was an outlet to Parker's Lake that was destroyed by
sanitary sewer construction. Mayor Davenport replied at present there is no out-
let to the lake and the cause for obliterating it is unknown. Mr. Gardner claimed
during the construction of I-494 no culvert was built to facilitate the natural
flow of water and, since this highway benefits the entire City, the assessment
should be levied on an ad valorem basis to the entire City. Mr. Gardner inquired
how the Litton Pond would be fin shed. Coiincilmember Neils replied the pond's edge
will be constructed with a 4 to 1 slope and during normal conditions it will be dry;
therefore, it should not constitute a neighborhood hazard.
50-
Special Council Meeting
February 11, 1981
Page 51
Cob Burandt, 14510 - 13th Avenue N., asked for an explanation of why the residents
of the area will benefit from this project caused by industrial run off any more
than anyone in the City. Mayor Davenport explained there are four different water
sheds in Plymouth and only those whose water run off contributes to the problem
have the responsibility to contribute to the solution of the problem. Mr. Burandt
alleged the benefits are being overstated. He stated in the fall of 1980 a resi-
dence was built on Parker's Lake that has resulted in reducing the ponding capacity
of the lake by two feet, contributing to the flooding problem; he felt the expansion
of the Litton Pond will not equal tho amount of storage in the lake. Mr. Willis re-
plied Latton Pond cannot be confused with the storage available in Parker's Lake and
its construction is necessary whether or not there is an outflow from Parker's Lake.
Mayor Davonport stated this house was built 1-1/2 feet higher than required by City
ordinances and all necessary permits were obtained for its construction. Mr. Burandt
felt it would be more economical to pump the water from the lake into Gleason Lake
rather than Litton Pond. Engineer Moore replied the report of the consulting engineer
indicated pumping into Gleason Lake was not as cost effective as taking the water to
Litton Pond. Mr. Burandt claimed NSP f!lled in a substantial portion of Star Lake
at the time I-494 was constructed, and since they will derive flooding protection
from this project, they should be assessed for a portion of the cost. He also ob-
jected to paying NSP for the easements required for the extension of Litton Pond,
Mayor Davenport replied at the time of I -494's construction, filling permits were
not required by DNR or EPA, and the matter was out of the C,ty's control. However,
when thL City negotiates for these easements, this fact will be brought up to NSP.
Mr. Burandt asked COUncilmember Neils to refrain from voting on this project because
of the benefit his employer, NSi', will receive from the project. Councilmember Neils
replied his occupation at NSP dealt exclusively with the operation of nuclear power
plants. He stated conflict of interest prevails only when there is a possibility
of personal gain involved and there can be no personal gain involved in this case.
F j Burandt, )4510 - 13th Avenue N., asked if the Council agreed to confer with
Litton after the hearing wat adjourned, as requested by the Litton attorney, and
their- assessment was reduced, who would pay for the difference. Mayor Davenport
replied if their request is heard, there will be another public hearing. Council -
member Neils responded only if substantial new information is brought forward in
the asse!:sment hearing would there be a basis for the Council to reconsider the
cost ;,,-ri'jution for this projecL and to recast the assessment roll. In that
case, there would be another public heering ordered. however, if tonight's hearing
results in discover'ng that a few lots in the area do not drain into this drainage
district, these costs will be abated by resol,O-ion and be absorbed by the City.
Councilmemher Neils addressed the que,:-.ron of birefit being reflected in an in-
crease in the market value of the aroiterty, stating State Statutes treat assess-
merts for dr-Onage improvements somewh,rt. elfferently than ether types of public
i mp uvemen•.s. lie stated a. gone whrae wtrter runs i rto a storm water i inprovemen4
prof ict is .seemed to have benef i trid from the project,
Bob Wiley, J30 Ki ngsvi ew Lane, inquired what would ;)oppen if appeals are found
tnavor of the property :owners and how would it affect property uwners who do
not V le appeals. 1lttorniy Lefler replied parties who appeal will have their
cases adjudicated on their merits and the results will nct affect non-appeltints.
If the assessmont: roll is approved tonight, the assessments will he final.
John Curran, 1615 -rnbt'C, 51ated he owns property ?n Parker's Lake and he hel Teves
tt cT19i1evring studies that. were conducted are not adegi!,ite and this project wi l l
not take care uF the floodi,tg problem on L110 lake *r the `afore.
51-
Special Council Meeting
February 11, 1981
Page 52
Mr. Curran state htt prc-perty on the lake har. been hurt the mo-st by the elevation
of the lake and he feels he will not derive any benefit f r,)m this. project.. He
stated it should be determined what caused this problem over the years and those
properties should be assessed for the project. Mr. Curran stated if the project
is to be of any benefit, `.he present water level is too high and must be lowered.
Mr. Curran also objected to the storm sewer from M.[.Ps draining into the l?.ke
without a permit having been obtained for its construction. ro-incilmember Neils
stated th,%t pictures were shown at the improvement hearing showing where the lake
read ri-;er. far above the control level proposed by this project lcng before any
develop. -tent took place in M.I.P. Moore explained the des'gn of the lift
talion proposed for Parker's Lake and its ability to lower the lake level.
Richard Schmidt, 14310 - 13th Avenue N., stated if the F,iyh level of the Litton
PonTTs Timet lower than .he level of the lake, he was cor'cerned that his pro-
perty, whi0h is adjacent *.o the pend, would be flooded. Mr. Schmidt also asked
if there vas an emergency back-up for the pumps. Engineer Moore replied the
system was designed to the 100 -year storm and the pumps will not have to run
at 311 times. The pumps will receive routine maintenance and an emergency
generator can be hooked up to the system if necessary.
Julie Svendahl, 14520 - 7th Avenue N., asked if
no smoking regulations in the Council Chambers.
nut the "Smoking" and "No Smoking" sign on the
The hearing was closed at 9:2.3 p.m.
The Council recessed from ):23 to 9:40
jr).
m.
the City was enforcing thr
Mayor Davenport pointed
walls.
Council co-Tsiuered Litton's request for an adjourned hearing. Council -
member Neils -:.tate! he Jic not feel anv new information had been uncovered
at the hear,,n l the t wu- Id require r)?cdsti rg of the assessor^nt roll.
Counc i 1 merrbo- r 4ayt coni, rred.
MOTION was in d&, ;:y Councilmember Hoyt, seconded by Councilmember Neils,
to deny the ,quest of Litton Microwave Products for an adjourned nearing.
Motion carried, five ayes.
MO'i!?N was made by Councilmember N01s, seconded by Coo^cilmember Hoyt,
to approve the revised assessments for Improvement Project No. 606 as
recommended by the Assessment Committee.
Motion carried on a Roll Cill vote, five ayes.
MOTION was ma -;c by Councili,,t.,nber Neils, seconded by COuncilmember
Schneider, to +dopt RES3LUTION NO. 81-111, A RESOLUTION ADOPTING
ASSESSMENTS VTHE AMOUNT OF $696,591.28 FOR PROJECT N0. 60F$'
PARKER'S LAKE AREA STORM DRAINAGE T,HPR0VL'M'7NTS amending Item 2
by :,triking the 9a interest rate and substituting 1% abo%.e the
bond interest rate."
Motion ca rri eJ on a Roll Call vote, ' i ve 4+yes.
52-
RESOLUTION N3. 81-111
ADOPTING WSS,17C`:MENTS
PROJECT
PARKER'S
DRAINAGE
Item 5-A
NO. 'i Ot
X" : 'ORM
MPPOVC
I
T
Special Council Meeting
February 17, 1981
Page 53
Mayor Davenport advised residents that the exact assessment amounts
may be obtained from the City Engineering staff the next day, but
another mailing will be made to advise the amount of the revised
assessments. Jouncilmlimber Neils stated any individual issues will
be handled by an abatement process.
Manager Wil',•s introduced the public hearing for Pro;act No. 103,
installation of a watermain along Ridgemount Avenue and a fire
loop around the Ridgemount Junior High School. Ye advised he
received a letter today from Dr. Snyder, Superintendent of School
District #284, requesting construction of a watermain loop around
the school. He reviewed the Assessment Committee's recommendation
for assessment of the project and nited the school district has re-
quested some relief for water area rharges based on the community
playfield that is located on their property.
PUBLIC HrARING
PROJECT NO, 103
RIDGEMOUNT AVE NUE'
WATERMAIN
Item 5-B
Councilmemuer Neils recommended that water area charges be assessed
for a porton of this property on a deferred assessment roll until
such time that the property is ao longer used as a community playfield.
Mayor Davenport opened the public hearing at 10:00 p.m.
Robert Labat, board member of S.II. #284 Board, claimed that the present
costo the water loop around Ridgemount, $160,000, was far above the
43,000 cost estimated when the qym. was expanded three years ago.
Manager Willis stated that estimate from the school's engineering
consultant was to build the loop only and did not include bringing
water to the site. The present estimated cost for coAstruction of
the loop is $73,000. Mr. Labat stated since full pressure will not
be available to the school until the trunk line on County Road 15 is
completed, he proposed the project be scaled down to a site that will
accommodate ct:--rent water pressure and provide a minimum of fire pro-
tection service to the building. He stated the improvement will bring
down their fire insurance rate only $3,000 and he felt the bPr; ', i t
received was not equitable to the cost o` tho assessment. Engineer
Moore explained the prgN%:.ed design of the fire loop system and its
connection to the City's water distribution system, Councilmember
Neils reviewed the proposed method of assessment.
Thib heariny was closed at 10,-30 p.m.
MOTION was !Wade by Councilmember Hoyt, seconded by Councilmember
Neils, to adopt RESOLUTION NO. 81-112, A RESOLUTION ORDF.RINC•
IMPROVEMENT AND PREPARATION OF PLANS P.Nb SPFCIFICATIONS FOR
PROJECT Nn.. 103, RIDGEMOUNT AVENUE WATErmAIN IMPROVEMENTS
amending Condition 3 by substituting the following, "The
improvFment shall include preparation of the plans for the
fire loop foo Ridgemount Junior High School."
Motlon carried on a Roll Call vote, five ayes.
MIJTION was made by Councilmember Hoyt, seconded by Councilmember
Neils, to a,)prove the Assessment Committee's recommendation to
assess water area charges for 21 acres not used for park purposes
53.
RESOLUTION N0. 81-112
ORDERING IMPROVEMENT
AND PLANS R SPECS FOR
PROJECT N0. 103
RIDGEMOUNT AVENUE
WATERMAIN IMPROVEMENt
Item 5-B
Special
February
Page 54
Council Meeting
17, 1981
and the balatice of water area charges to be deierrol and recorded in
the event the use of the land changes in the future.
Motion carried, five ayes.
Manager Willis reviewed the contract for the Middle Pinetree Pond
dredging project and recommended awarding the contract to Con-
tracting Services, Independent from St. Cloud, Minnesota. He
displayed a sketch of the proposed project with changes proposed
by the consulting engineer which would enlarge the ponding area
in front of Mr. F1 orek's residence.
Mr. Loins Florek agreed to the proposed plan and inquired if the
fill arees would be beyond the willow trees lining the pond.
onsulting Engineer Olson explained how the project costs will be
increased by the additional dred9i;ig proposed by as much as $2,000.
He stated some of the brush will be removed in the proce-is of depo-
sitinq the fill.
y:;.. l avenoort directed staff to prepare a memorandum to the pro-
Ilerty owners in the Pinetree Pond area outlining how the Disposed
material will be spread, the necessity of transporting the fill
ober the bl% 3h, the proposed restoration methods, and the length
t;;np it will take for these areas to be restored.
M'TION was made by Councilmember Hoyt, seconded by Councilmember
Threinen, to adopt RESOLUTION NO. 81-113, A RESJLUTION AWARDING
BID FOR PROJECT N0. 113, MIDOLE PINETREE POND DREDGING, IN THE
AMOUNT OF $19,533.00 TO COONTRACTING SERVICES, INDEPENDENT OF
ST. CLOUD, MINNESOTA.
Motion carried on a Roll Call vote, five ayes.
MISCrLLANEOUS
Council reviewed agenda for February 18, 1981 joint Council/Planning
Commission meeting.
The meeting adjourned at 10:55 p.m.
AWARD OF CONTRACT FOR
MIDDLE PINETREE POND
DREDGING -PROJECT 113
Item 6
RESOLUTION N0, 8
PROJECT N0. 113
MIDDLE PINETREE POND
DREDGING PROJECT
Item 6
54-
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