HomeMy WebLinkAboutCity Council Minutes 09-28-1981 SpecialMINUTES
SPECIAL COUNCIL MEETING
September 28, 1981
A special meeting of the Plymouth City Council was called to ort - by Acting
Mayor Neils at 7:35 p.m. in the Council Chambers of the City Center at 3400
Plytaouth Boulevard on September 28, 1981.
PRESENT: Acting Mayor Neils, Councilmembers Hoyt, Schneider, Threinen,
Assistant Manager Boyles, Engineer Moore, Planner Tremere,
City Attorney Lefler, Pari Director Blank, Finance Director
Ricker, Engineering Te.:hr-ician Johnson, and City Clerk Houk.
ABSENT: Mayor Davenport and City Manager Willis
CONSENT AGENDA
MOTION t -;as made by Counci lmem'bnr Schneider, seconded by Council- CONSENT AiiENDA
member Threinen, to adopt the items on the consent agenda with Item 4
the exception of Item 7-8.
Motion carried on a Roll Call vote, four ayes.
Fit NUTES
MOTION was made by Councilmem`er St:hneider, seconded by Council -
member Threinen, to approve the minutes of the regular meeting
of September 21, 1981 as submitted.
Motion carried on a Roll gall vote, four ayes.
PUBLIC HEV INGS
Assistant Manager Boyles explained the assessment procedure fer
all the hearings scheduled, the projects covered by the hearings,
the deferred assessment prngram for senior citizens, the payment
and interest policy, and the appeal process.
The delinquent utility assessments are for utility payments
that have gone unpaid during the past year :rd are now being
asse:sed to the property.
Acting Mayor "1.01s opened the public hearing at 7:43 p.m.
Roger Lundgren, 2505 County Road 18, stated he didn't understand
why he was being billed for water when hF has his own well.
Actin% Mayor !'ei is explained that all properties having water
service availat!e, whether or not the property is hooked up to
tl'io wa.termai n, are charged for water avai 1 ab i 1 ity.
T im 'earner, 10710 15th Ave. N., stated that over
months he has talked to individuals at. the City
no ;iswer as to whether or not water iery ; ce is
his property. He currently has a pri v,)to well.
282-
the past six
and still has
available to
MINUTES - REGULAR
COUNCIL MEETING OF
SEPTEMBER 21, 1981
Item 5*
i
i
PUBLIC HL ARINC
CELINQUENT UTILITIES
Item 6-A-1
I
Special C
September
Page 283
uncil Meeting
28, 1981
He added that the house was razed for approximately six months and
no water or sewer charge should have been made.
Finance Director Ricker responded that it appears that there never
was a total demolition of the building, only extensive remodeling and
that there was never a request for sewer disconnection. Finance
Director Ricker stated that he would provide a response to Mr. Harrer
on these issues.
Acting Mayor Neils stated that this matter will be dealt with
administratively.
The public hearing was closed at 7:53 p.m.
MOTION was made by Councilmember Hoyt, seconded by Acting Mayor RESOLUTION N0. 81-658
Neils, to adopt RESOLUTION NO. 81-658, A RESOLUTION ADOPTING AUOPTING ASSESSMENT
ASSESSMENT, 1981 DELINQUENT SEWER AND WATER BILLS in the amount 1981 DELINQUENT SEWER
of $59,611.16. & WATER BILLS
Item 6-A-1
Motion carried on a Rol! C,Il vote, tour ayes.
Assistant Manager Boyles explained that the City Code PUBLIC HEARING
provides that hazardous buildings be either razed or repaired. BUILDING DEMOL?TION
The City is under litigation concerning the demolition of one Item 6-A-2
of the two buildings on the assessment roll. It is recommended
that this building be removed from the assessment roll.
Acting Mayor opened the pvblis hearing it 7:55 p.m.
Paul Hagemeister, 250 Plymouth Road, owner of a demolished
bu7lding and currently in litigation with the City, stated that he
received a court order to demolish his building locatd at 1265
Kingsview in 1979. Because of the weather he requested and was
granted a time extension until May, 1979. He had the building
demolished by a private contractor in 197-3 and not 1981 as the
City's records show. Fie stated his disi,ppointment with the City
and the method in which they handled the process.
Acting Mayor Neils asked whether in 1918 Nor. Hageme-ister received
any notice that the building had to be repaired rr demolished.
Mr. Hagemeister answereJ that he received a coal: order late in
1010 which he had stayed until May 1979. In October 1979 the
City took some of his personal property off the site and this is
why he is suing at this time. He didn't understand why the City
entered his property after the building was demolished.
The public hearing ••gas closed at; 7:59 p.im.
MO11ON was made by Counci1member Hoyt, seconoed by Counci1member RESOLUTION N0. 81-659
Schneider, to adrpt RESOLUTION NJ., 81-659, A RESOLUTION ADOPTING AOOPVNG ASSESSMENT
ASSESSMENT, DEMOLITION OF HAZARDOUS STRUCTURES, in the amount of DEMOLITION OF STRUCTURE
3,850.00. Item 6-A-2
Motion carried on a Roll CMI vote, four ayus.
283.
Louncii meeting
September 28, 1981
Page 284
Assistant Manager Boyles stated that all property must be PUBLIC HEARING
inspected for diseased trees three times a year. If diseased DISEASED TREE REMOVAL
trees are found the property owner is sent a notice and given Item 6-A-3
20 days to remove the tsves. If not removed, the City has their
contractor remove the trees, the property owner is billed, and
if not paid, the costs are assessed against the property.
Letters opposing I. -he assessment were received from Carol Weber,
17220 9th Ave. N., Marjorie Skaaden. C.R. 9 and Revere Lane N.,
Gay 'Varecka, 12210 54th Ave. N., and Robert Leupke, 16730 12th
Ave. N.
Councilmember Threi nen asked if the trees were inspected between
the time the notice was sent and the time the trees were removed.
He fee',s someone should determine whether or not the trees were
in fa -%.:t removed before the City's contractor is sent to do the
job,,
Engineer Moore stated that the contractor for the City did some
work in all cases, if not in fact cutting down the tree, At least
cutting it into smaller pieces and hauling it away. The cnst
being assessed are the actual contract cost plus 10X ar'iniristrative
charge.
Acting Mayor Neils opened the public hearing at 8.05 r.m.
Mrs. Gay Varecka, 12210 54th Ave. N., stated that the tax was
levied on tFe property before she own d it. She was assured by
the people she purchased the house frog t:iat they had personally
taken the trees down.
Acting Mayor Neils stated that the City may not arbitrate in
agreements between private parties. If there is an agreerier t with
the seller that thty are responsible for certain items, t h?s is
between them and they buyer.
Mrs. Varecka stated :,he had a paper from the City at the time she
purchased the property stating there were ni pending assessments.
The ublic Dearing wa, closed ac 8:11 p.m.
Councilmember Schneider stated that the trees were removed at one
time, but try the time the City assesses the property, it may be
a year later. The prohlem the City faces is that the assessment
must be levied against the property not the owner.
Councilmember Threinen explained that the b=11 for tree removal vids
just b bill until it wasn't paid. It then became an assessment.
This is why a search for pending assessments on the property didn't
show a pending assessment for tree removal las* October. He cittl(I
letters from two property owners stating they had tareviously removed
their trees and should not have been assessed. H(b, wants to be very
sure the City's tree oemoval prucedures include an inspection afte"
the second notice and just prior to the contractor ooi ng the work.
284-
J
pec a i.ounc4 ng
September 28, 1981
Page 285
Acting Mayor Neils stated the Council has two alternative.;, to
adopt the assessment roll with the deletions of ce.-tain properties
or to include the assessments in question and by separate
administrative action prepare a report to determine whether
abatement should be made.
MOTION was made by Councilmember Hoyt, seconded by Councilmemoer DEFERRING ASSESSMENT
Threinen, to defer all assessments until October 5 pending further DISEASED TREE REMOVAL
investigation and report on the assessments on the properties Item 644
owned by Marjorie Skaaden and Robert Leupke, specifically the
procedure uvea to notify them and remove the trees.
Motion carried on a Roll Call vote. four ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Threinen, directing staff to research the objections of Marjorie
Skaaden and Robert Leupke detailing a full calendar of when
notices were sent, when inspections were made, wfien the contractor
was ,dered out to the property, what the contractor slid, and
when the contractor billed the City.
Motion carwied, four ayes.
Assistant Manager Boyles stated that weeds in excess of 8 inches
exceed City ordinance standards. When a complaint on weeds is
received, an inspection is done, notice sent, the property
rechecked, and finally the City contractor cuts the weeds and
the property is asseesed for the cost.
Acting Mayor Neils opened the public hearing at 8:21 p.m.
No one chose to speak and the hearing was closed at 9:22 p.m.
MOTION was made by Cmuncilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 81-661, A RESOLUTION ADOPTING
ASSESSMENT, 1981 W ED ERADICATION AND DESTRUCTION in the
amount of $1,046.31.
Motion carried on a Roll Call vote, three ayes. Councilmember
Threinen abstained.
Councilmember Threinen stated he abstained because he believes
the weed ordinance, unless it can be shown that there is a
detriment to someone's health, should be rescinded. He votzd
against the ordinance when it was first proposed.
City Attorney Lefler stated that in the case of noxious weeds
State statute requires their removal.
Councilmember Schneider stated that he doesn't believe an empty
lot in an otherwise developed area should be allowed to be rr n
over with weeds to the detriment of the neighborhood.
Assistant Manager Boyles stated that the staff intended to bring
this ordinance back to the Council for review later in the year.
285-
PUBLIC HEARING
WEED ERADICATION
RESOLUTION N0. 81-660
ADOPTING S S
1981 WEED ERADICATION
Item 6-A-4
September Z8, 1981
Pne 286
Assistant Manager Boyles stated that this is an assessment
for street lighting to assess 4,730 lots for 748 street lights*
Letters opposing the assessment were received from Frank
Veninga, Robert Americs. Warren Miller, and Vija 3rewn.
Acting Mayor Neils opened the public hearing at 8:25 p.m.
No one chose to speak and the hearing was cicsed at 8:25 p.m.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Threinen, to adopt RE:OLUTION NO. 8!-661, A RESOLUTION ADOPTING
ASSESSMENT, 1981 STREET LIGHTING in the amount of $91,520.92.
Hat ion carried on a Roll Call vote, four ayes.
Assistant Manager Boyles stated that Project 829 was originally
assessed incorrectly and the area has now been properly drawn
and assessed.
Acting Mayor Neils opened the public hearing at 8:27 p.m.
No one chose to speak and the nearing was closed at 8:27 p.m.
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen. to adopt RI:SOLUTION N0. 81-6529 A RESOLUTION
ABATING SPECIAL ASSESSMENTS for Project 829 in the amount of
18,264.60 against property 24-110-22-14-0001.
Motion carried on a Roll Call vote, tour ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen, to adopt RESOLUTION N0. 81-6630 A RESOL1ITION
ADOPTING SUPPLEMENTARY ASSESSMENTS, PROJECT 829, PILGRIM LANE
from 28th Ave. tG 32nd Ave. in the amount of $18,264.60.
Motion carried on a Roll Call vote, folir ayes.
PETITIONS, REgUESTS AND COMMUNICATIONS
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen. to adopt RESOLUTION NO, 81-6640 A RESOLUTION
AUTHORIZING REDUCTION OF SITE PLERFOR11,1ANLF BOND FOR VOLP
CONSTRUCTION COMPANY FOR HOLSUM BAKERY j19076) to the amount
of $10,000.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Neils, that release of the site improvement tond be deferred
until such time as the Council is satisfied that all regdired
site improveatents are installed.
The Cot.nci1's concern was that a fi^•g line loop connection on the
site required by the City has not been located and therefore
completion of construction cannot be verified.
286•,
PUBLIC HEARING
STREET LIGHTING
Item 6-A-5
RESOLUTION N0. 81-661
ADOPTING ASSESSRENr
1981 STREET LIGHTING
Item 6-A-5
PUBLIC HEARING
PROJECT 829 ASSESSMENT
ROLL CORRECTION
Item 6-A-6
RESOLUTION NO. VII -662
AWINGF S
ASSESSMENTS
PROJECT'829-RIDGECRE
Item 6-A-6
RESOLUTION We 81-663
Y
ASSESSMENT -PROJECT 829
PILGRIM LANE
Item 6-A-6
RESOLUTION N0. 81-664
AUTRORIZING PEDUCTfUN
SITE P;RFORMANCE BOND
VOLP CONSTRUCTION CO.
79G,4; HOLSUM BAKERY
Item 7-A•
SITE IMPROVEMENT BOND
RYAN CONSTRUCTION CO.
FOR UNITED HARDWARE CO.
A-865)
Ite,ti 7-B
i •*
September 28, 1981
Page 28?
Councilmember Schneider asked about the trail which was supposed
to be built on the site and hasn't been as yet. Engineer Moore
answered that easement was given to the City but it was then not a
reg0rement that the developer put in the trail. Trail develop-
ment is a part of the site plan approval and not the platting, for
nonresidential projects. The developer is not liable for the trail
in this case because the site plan was approved before the platting.
Motion caevied, four ayes.
MOTION was made by Councilmember Schneider. seconded by Council -
member Threinen, to adopt RESOLUTION N0. 814656 A RESOLUTION
AUTHORIZING RELEASE Of SITE IMPROVEMEN' PERFORMANCE GUARANTEE
FOR HOKANSON CONSTRUCTION FOR PLYMOUTH RACQUET CLUB (A-730).
Notion carriEA on a Roll Call vote, four ayes,
MOTION was made by rouncilmember Schneider, seconded by Council -
member Threinen, to adopt RESOLUTION NO. 81-666, A RESOLUTION
APPROVING RPUD FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR
MISSION HILLS PARK 8TH ADDITION" RPUD 81-3 (80027).
Motion carritn on a Roll Call vote, four ayes.
MOTION was made ny Councilmember Schneiderr, seconded by Council -
member Threinen, Lo adopt RESOLUTION NO. 111-667, A RESOLUTION
SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR "MISS.'.ON
HILLS PARK 8TH ADDITION" FOR MINNESOTA HODIES (80027) RPUD 81-3.
Ithtion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Schneider, seconded by Ccuncil-
member Threinen, to adopt ORDINANCE NO. 81-•21 AMENDING THE
ZONING ORDINANCE TO CLASSIFY CERTAIN LAND LOCATED SOUTH OF
COUNTY ROAD 9 AND 300 BEET WEST OF ZACHARY LANE AS R -la (LOW
DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT).
Motion carried on a Roll Call vote, four ayes.
MOTION was mace by Councilmember Schneider, seconded by Council -
member Threinen, to adapt RESOLUTION NO. 81-668, A RESOLUTION
APPROVING PEDDLERS, SOLICITORS OR TRANSIENT MERCHANTS LICENSE
FOR APNOLD KLAR for the sale of f i rEwood.
Motion carried on a Roll Call vote, four ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
Assistant Manager Boyles presented ,1 summary of the project
schedule for the 1981 improvement projects as well as an update
on park improvement projects.
Engineer Moore stated that a lot of the projects are beyond
the completion 11.:te but these will bo cleared up before winter
whether the construction company finishes them or whether the
f!Ity has to step in to do it.
287-
RESOLUTION N0. 81-665
AUTHOR I 1UF
SITE IMPROVEMENT BOND
HO WSON CONSTRUCTION
PL-fMOUTH RACQUET CLUB
A-730)
Item 7-C*
RESOLUTION NO. 81-666
3 DEVELOPMENT CONTRACT
MISSION HILLS PARK 8TH
ADDITION (80027)RPUD 81-3
Item 7-D*
RESOLUT13N NO. 81-661
SEMNO e I
MISSION HILLS J"H ADDN.
80027) RPU 81-3
item 7 -D *
ORDINANCE N0. 8141
ARM% T G1WINANCE
R% -;A CLASSIFICATION
Item ?-D*
RESOLUTION N0. 81-666
LICENSE FOR
ARNOLD KLAR
Item 1-E*
PUBLIC IMPROVEMENT
PROJECT STATUS REPORT
Item 8-A
OPWT—al I counct Iee ng
Septemher 28, 1981
Page 288
Assistant Manager Boyles stated that the City has entered
into an ,agreemet.t for the Bassett Creek Project No. 1 with
City of Golden Valley for a major storm sewer improvement
project. Propos-xis have come in at 10% under the estimated
cost and ,award of bid is expected by October 3.
BASSETT CREEK PROJECT
the N0. 1 (PROJECT 929)
Item 8-B
Assistan' Manager Boyles stated that in '975 the City
restructured some of its bonds to obtain the most favorable
interest rites. A restructuring of the minor 0ortion of the
bond fund riow makes it possible for the City to realize a savings
in the area of $355,000. These funds are recon -ended to increase
the General Fund Operating Reserve.
MOTION was made by Councilmember Threinen, seconded by Council -
member Schneider, to adopt RESOLUTION N0. 81-669, A RESOLUTION
AF'Q QRihTING THE PROCEEDS RECEIVED FROM THE RESTRUCTURING OF
THE 1976 REFUNDING ESCROW ACCOUNT in the amount of $354,927.69
to the General Fund, account No. 101-000-558.00-000.000.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Hoyt, to adopt RESOLUTION N0. 81-6719 A RESOLUTION
RELATING TO $8,025,U00 GENERAL OBLIGATION REFUNDING BONDS
OF 1976, SERIES I AND $5,975,000 GENERAL OBLIGATION REFUNDING
BONDS OF 1576, SERIES If: AUTHORIZING THE SUBSTITUTION OF
SECURITIES IN THE ESCROW ACCOUNTS CREATED FOR THE PRU CEEDS
THEREOF.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen, to adopt RESOLUTION NO. 81-670, A RESOLUTION
DEFERRING SENIOR CITIZENS SPECIAL ASSESSMENTS.
Motion carried on a Roll Call vote, four ayes.
Assistant Manager Boyles stated that the Council had requested
a policy be written establishing an appeal procedure for forced
sanitary sewer hook up and policy guidelines for determining the
method of special assessment to be used.
Engineer Moore stated that the City has
bidding process to insure that the only
the Sanitary sewer hock up. The policy
to reflect this*
to be a . part of the
work being bid on is
wording should be changed
Councilmember Hoyt asked 0ether the property would be given
any financial help in paying their assessment in the one year
time limit as proposed in the policy. She suggested that
assessments be spread over a period of three years.
Discussion continued on how much a::sistance should be given, to
whom, and fur how long a period of time.
288-
APPROVAL OF RESTRUCTURING
OF 1976 ESCROW ACCOUNT
Item 8-C
RESOLUTION NO. 81469
07MI ATING PA 'S
OF 1976 RESYRUCTUFING
OF ESCROW ACCOUNT
Item 8-C
RESOLUTION N0. 81-671
OBLIGATION REFUNDING
BONDS OF 1976 A
AUTHORIZING SUBSTITUTION
OF SECURITIES IN ESC
ACCOUNTS CREATED
Item 8-C
RESOLUTION NO. 81-670
DEFE M NG SENTOR
CITIZENS' SPECIAL
ASSF,SSMEN,fS
Item 8-D*
PROPOSED POLICY ON
SANITARY SEWER HOOK UPS
Item 8-E
i
special councti Reeting
September 28, 1981
Page 289
Acting Mayor Neils stated he objected to changing the annual rate of
return on the City's trust funds as a guide for the interest to be
charged on assessments. particularity in hardships. If the City is
going to force a hook up it ought not to make the hardship more severe
than if the property owner had the hook up done voluntarily.
The application process should geed out those property owners
not truly in need of assistance in financing the hook up.
Discussior was eld on the City's involvement in choice of vendor.
It was suggorstod the Chief Building Official verify the selection
f vendor by the property owner and the scope of the work. Phe
Council directed that the following changes be made to the polio: -y:
2e. 1% above the highest bond rate for hardship cases otherwise
at the City's average annual return on inve l merit as determined by
the Finance Department. 2f. Assessments sh4r:1 be spread over a
period not t^ exceed 0ree years. 2h. Propeezy owner shall solicit
bids on the work. The Chief Building Offici,il shall verify ttre
choice of vendor and the scope of the work tQ be compl ete,16
MOTION was made by Councilmember Neils, secraded by Councilmember
Threinen, to redraft the policy establishing procedures for securing
connection to the municipal sanitary sewer system in accordance
with Council direction made at this meeting and bring it back to the
Council at its meeting of October- 5.
Motion carried. four ayes.
Councilmember Threinen suggested that reside -its be told 41riat
they can prepay their water availability charges on a yearly
basis.
Acting Mayor Neils stated he believed the delinquency charge
for uncollected water bills may be excessive.
Finance Director Ricker responded that there was a time where
a penalty was not imposed and the percentage of delinquent
bills went up 50% over the previous delinquency rate.
Currently 30% of the water bills are delinquent. A majority
of the 30% run one month behind.
Acting Mayor Neils raised the question how to improve the City's
ability to put prospective buyers on notice of impending
assessments. Delinquent utility bills seem to be a particular
problem. He stated that something should be put in the recorde,
immediately so that an amount can be escrowed against the
seller of the property.
MOTION was aade by Acting Mayor Neils, seconded by Councilmember
Schneider, that the Finance Department flag any bills against
property which could result in an assessment against the property.
Stich bills or assessments should be reflected in City special
assessment searches.
Motion carried, four ayes.
289
CITY COUNCIL
1980 AND 1981
Item 8•F
DIRECTIVES
OTHER BUSINESS
September 28, 1981
Page 2:J
Councilmeaber T1ruinen stated that landscaping and other site improve-
ment% have not been started yet on the property at the southeast
corner of Highway S5 and Vicksburg lane.
MOTION was made by Cuuncilmember Threbinen, seconded by Cquncilmember
Schneider, directing staff to proceed with fo eclosure of tha letter
of creel : t for Arnold Manitgemen! Company/Duane L. Hanauer Account
File 80010) f; r nonperf )rmance of required site improvements at the
southeast :orner of Hi gl say 5b and Vicksburg Lam.a.
Motion carried, fot.r ales.
Acting Mayor Neils stited that the City Attorns.y has advised him that
the expenditure of pu;ilic funds whether throuv,i the City or HRA for
the construction of a privacy fence -is not appropriate although he
believes that some mechanism gust be fo;,nd to provide adequate
screening.
Acting Mayor Neils stated that the Assessment Committee met earlier
in the evening and reconm ended that, regarding the Larch Lane cul-de-sac,
the total assessment for all six lots mined by Mr. Reimer be deferred
for five years. The staff is to contact Mr. Ietrich, developer of
Nathan Trails, and Ryan Develorrient Compi,nv regarding the special
assessments in thes; areas. Council wii'1 consider these assessments
at the October 5 meeti.ng.
The meet'ng was adjourned at 9:30 p.ms-
290-
01