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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