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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- 3