HomeMy WebLinkAboutCity Council Minutes 06-03-19850
M I N U T C S
REGULAR C'IL MEETING
31M 30 1985
A regular meeting of the Plymouth City Council was called to
order by Mayor Davenport at 8:00 p.m. in the City Council
Chambers of the City Center at 3400 Plymouth Boulevard on 3une
3, 1965
PRESENT: Mayor Davenport, Counclimembers Schneider, Crain,
Neils and Vasillou, Manager Willis, Assistant Manager
Boyles, Public Works Director Moore, Planning Director
Tremere, Park Director Blank, City Attorney Lefler,
and City Clerk Houk
ABSENT: None
CONSENT AGENDA
MOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou to adopt the consent agenda deferring item 7-S
to the meeting of li one 17.
Motion car;ioP4 on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded
member Vasiliou to adopt the minutes of the May
Council meeting as submitted.
Motion carried on a Roll Cali vote, five ayes.
PUBLIC NEARINtIVS
CONSENT AGENDA
Item 4
by Council- MINUTES - REGULAR
20 regular MEETING OF MAY 20
1985
Item P
Mayor Davenport stated there were 10 public hearings scheduled
on special assessment protects. These hearings are to give
residents Vie opportunity ir review the proposed assesnetit roll,
the amount the City is rroposing to assees,and give them the
opportunity to address any questions to the Council. This is
the second stip in a two stop process of levying assessMnts.
a first s i F o was the public hearing to determine whethe the
City it%-viulo ort.r.eed with the project. Notices of the hearings
were mailed t property owners, published in tho City's official
newspaper, the Plymouth Post, and dise1:83ed at previous Council
meetings. He explained the agends for the hearings, the Cltj's
polley on defftment of special a3se!.M01431 and the procedure a
resident must to follow in order to apoe•,l the assessment.
PUkIC HEARINGS -
SPECIAL ASSESSMENTS
Iters 6-A, 100
i1 T 'LoiMc1 L -deet ng
3une 30 46985
Paye I %
t 337 -
Engineer Moore stated this project is the sanitary sewer
Loprovaront, street, curb and gutter in the DeVries 2nd Add. -
tion. The developer petitioned for the improvement.
Mayor Davenport. opened the public hearing at 8:16 p.s+.
No one chose to speak and the hearing was closed at 6:16 p.m.
MOTION was made by Councilmeeber flelis, seconded by Counctleean-
ber Schneidr, to adopt RESOLUTION NO. 85478 ADOPTING ASSESS-
MENTS, PR03ECT N0. 337, DEVRIES 2ND ADDITION in the amount of
1809905.0.
Notion carried on a Roll Cali vote, five ayes.
414 Ird Addltii
Mayoe Davenport opened the public hearing at 8:17 p.m.
No one chose to speak and the hearing was clnsed at 8:17 P.M.
MOTIRN was made by Councilmember Crain, seconded by Councilmem-
ber Vasiliou, to adopt RESOLUTION NO -t, 65-379 ADOPTING ASSESS-
MENTS, PR03ECT MO. 414, DEVRIES 3RD ADDITION in the amount of
32, 891.92.
Motion carried on a Roll Call vote, five ayes.
No. 403 - Woods Addit
Mayor Davenport opener! the public hearing at Oil$ p.m.
No ono chose to speak and the hearing was closed at 8:18 p.m.
MOTION was made by Councilmember Schneider, seconded by Council -
ember Neils, to adopt RESOLUTION M0r, 85-380 ADOPTING ASSESS-
MENTS, PR03ECT Nf, 403, HADLEY WOODS ADDITION in the amount of
51, 200.67.
Motler; carried on a Roll Call vote, five ayas.
118 I
Mayar Davenport opened the public hearing at 8:19 p%m%
No itne chose to siNeak and the hearing was closed at 8:19 p.m.
0
RESOLUTION N0.85.378
PR03ECT M0. 337
DEVRIES 2ND ADDN.
Item 6 -A -i
RESOLUTION N0.65479
PR03ECT N0. 414
DEVRIES 3RD AODM.
Item 644
RESOLUTION N0.85480
PR03ECT N0. 403
HADLEY WOODS ADDN.
Item 6-A-3
0
June 3, 1985
Page 159
MOTION was made by Counelloember Schneider, seconded by Council- RESOLUTION N0.85-381
member Crain, to adopt 1ESOLUTION NO. 85-381 hDOPTING ASSESS-
MENTS, PROJECT N0. 412, 14ACHARY HILLS 3RD AND 4TH ADDITIONS AND PROJECT N0. 412
ADJACENT AREA in the amou it of $322,059.33. ZACHARY HILLS 3RD 8
4TH ADDITIONS
Motion carried on a Roll Call vote, rive ayes. Item 6-A-4
MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-382
member Crain, to adopt RESOLUTION N0, 85-382 DEFERRED ASSESS- W ERRING ASSESSNERT
MENTS, PR03ECT NO. 412, ZACHARY HILLS 3RD AND 4TH ADDITIONS AND PR03ECT N0. 412
ADJACENT AREA in the amo!:nt of $229927.4?.. ZACHARY HILLS 3RD Sc
4TH ADDITIONS
Motion carried on a Roll Call vote, five ayes. Item 6-A-4
Pro'ect Nc 415 - Greenwood School Sewer
Mayor Davenport opened the public hearing at 8s20 p.m.
No one chose to speak and the hearing was closed at 8:20 p.m.
MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0.85-383
member Schneider, to adopt RESOLUTION N0. 85-383 ADOPTING
ASSESSNENTS, PR03ECT N0. 415, GREENWOOD SCHOOL SEWER in the PR03ECT N0. 415
amount of $113,978.97. GREENWOOD SCHOOL
Item 6-A-5
Notion carried on a Roll Call vote, five ayes.
Project No. 432 - Amhurst 8th Addition
Mayor Davenport opened the public hearing at 8:21 p.m.
No one chose to speak and the hearing was closed at 6:21 p.m.
MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.8S-384
member Vasiliou, to adopt RESOLUTION NO. 85-384 ADOPTING ASSESS-
NENTS, PROJECT N0. 432, ANHURST 8TH ADDITION io the amount of PR03ECT NO. 432
17,308 38. AMHURST STH ADDN.
Item 6-A-6
Motion carried on a Roll Call vote, live ayes.
Project No. 448 - Oakdale West 2nd Addition
Mayor Davenport opened the puhlie hearing at 8:22 p.m.
No one chose to speak and the hearing was closed at 8122 p.m.
MOTION was made by Councilmember Neils, seconded by Councilmem- RESOLUTION NO.85-385
ber Schneider, to adopt RESOLUTION NO. 85-385 ADOPTING ASSESSADMIRE XSESSRENr
MENTS, PR03ECT N0. 448, OAKDALE WEST 2ND ADDITION in the amount PR03ECT N0. 448
of $1,935.00. QAXOALE WEST 2ND
Item 6-A-7
Motion carriRd nn a Roll Call vote, five ayes.
0
Dune 3, 1985
Page 160
NOTION was made by
bar Schneider, to
MENTS, PROJECT N0.
of $439214.91.
Councilmember Neils, seconded by Councilmem-
adopt RESOLUTION N0, 85-386 ADOPTING ASSESS -
448, OAKDALE WEST 2ND ADDITION in the amount
Notion carried on a Roll Call vote, five ayes.
Project No. 451 - Amhurst 9th Addition
600M
Ndyor Davenport opened the publlc hearing at 8:23 p.m.
No one chose to speak .end the hearing was closed at 8:23 p.m.
NOTION was made by Councilmember Vasiliou, seconded by Council -
member Crain, to adopt RESOLUTION NO. 85-387 ADOPTING ASSESS-
MENTS, PROJECT N0. 4510 ANHURST 9TH ADDITION in the amount of
S91,061.45.
Motion carried on a Roll Call vote, five ayes.
Project No. 4% - Sunrise Hills/Skyline Hills
Engineer Moore reported that the proposed assessment areas, Sun-
rise H1113/Skyline Hills, are older additions which were devel-
oped approximately 15 years ago when sanitary sewer and eater,
main were not availahle. In 1979 and 1980 the watermain became
available but it was not until 1984 that sanitary trunk sewer
became available. As a result, the City proposed an improvement
project to Install the sanitary sewer and watermain and to
improve the streets to a standard residential street. These
assessments are above the normal assessment per lot becauseof
the large site of the lots.
Mayor Davenport opened the public hearing at 8:26 p.m.
Mayor Davenport stated that Mrs. Myrtle Lamus!la, 4870 Zachary
Lane has submitted a written objection to th,; assessment. He
also had just received a written objection from John Lonke,
10735 48th Ave.
John S itsle , 10913 48th Ave., asked why the sewer and water
were being assessed over five years instead of 15.
Councilmember Neils stated that the area charges for sanitary
sewer and water are separate charges which are kept in a
separate account so they are always charged separately from
the other assessments.
Mr. Spitrley stated that hfs assessment would be about $20 a
month less if it were all assessed over 20 years instead of 15
and asked the Council to consider changing it to 20 years.
RESOLUTION N0.85-386
PROJECT NO. 448
OAKDALE WEST 2ND
Item 6-A-7
RESOLUTION NOBS -387
PROJECT NO. 451
AMHURST 9TH ADDN.
Item 6-A-8
a -Page 161
aohm,Lonke, t0735 48th Ave., stated he objected to the 433M-
meat because it is an excessive amount and doesn't improve his
property. He believes the assessment should be deterred until a
portion of his property east of Valley forge Road is developed.
The !Mayor pointed out that the interest would continue to accrue
on the assessment over the time the property was not developed.
The hearing was closed at $04 p.m.
Counciloeober Schneider asked it there was an option for resi-
dents to take 15 years to pay for sanitary suer and water
availability.
Oireeter Moore answered that it could be assessed over 15 years
and those residents who chose could pay it off earlyo He added
that the City is in the process of condemning part of Nr.
Lonke's property for easements. The City offered to defer the
assessment as part of their negotiations, but Mr. Lonke turned
Rheas down.
NOTION was made by Councilvember Neils, seconded by Councilmem-
ber Schneider, to adopt RESOLUTION N0. 85-388 ADOPTING ASSESS-
MENTS, PROSECT NO. 404, SUNRISE HILLS/SKYLINE HILLS ADDITIONS in
the amount of $538,867.49, changing the payment period from 15
to 20 years.
Motion carried on a Roil Call vote, five ayes.
NOTION was made by Councilmmber Neils, seconded by Councilmema
ber Schneider, to adopt RESOLUTION NO. 85-389 ADOPTING ASSESS-
MENTS, PROSECT N0f, 4049 SUNRISE HILLS/SKYLINE HILLS ADDITIONS,
SANITARY SEWER AREA AND WATER AREA ASSESSMENTS in the amount of
5510616.80, changing the payment period from S to 10 years.
Couneilmember Neils stated this is an unusual action because
these monies have been expended, but because of the magnitude of
the assessments, special consideration is warranted.
Notion carried on a Roll Call vote, five ayes.
No. 408 - Dunkirk Lane
Director Moore stated the Improvement project ran from C.R. 6 to
C.R. 24. This area has had sanitary sewer available since 1960
but at that time Dunkirk Lane was not improved as a permanent
street. Most of the improvement has been completed. He showed
the areas proposed to be assessed for the various costs of the
project. Because Dunkirk Lane is a collector street, it was
Improved to the width of 36 feet. In accordance with the City's
RESOLUTION W65 -3e8
PR09ECT H0. 404
SU14RISE HILLS/
SKYLINE HILLS ADDN.
Item 6-A-9
RESOLUTION N0.85-389
PROSECT N0. 404
SUNRISE HILLS/
SKYLINE HILLS ADDN.
Item 6-A-9
i sne 3, 1985
Page 162
policy, all properties with direct access should be assessed for
a residential street. Some subgrade corrections were necessary
and the cost is included within the City's costs of the
project. The City's costs are approximately $1.2 million.
Mayor Davenport read the names of residents who had submitted
written objections and thereby perfected their right to appeal
the assesa+mentt Gary and 3udy Good, 15900 27th Place; Roger and
3acquelyn Paine, 1545 Dunkirk Lane; Maurice Sweeney, 16704 C.R.
6; Vera and Gordon Clark, 1525 Dunkirk Lane; 3oan and 3oseph
Craffius, 1645 Dunkirk Lane; 3oan and 3oseph Graffius, 1800
Comstock Lane; Lundgren Brothers Construction Company; Robert
and Gloria Stranberg, 16610 26th Ave.; Norman and Diana
Hageboeck, 3000 Urbandale Lane; Therese Schaeffer, 17620 19th
Ave.; Q. P. Newatromt, 16310 15th Ave.; R. N. Neddermeyer, 16415
15th Ave..; Marie Willis, 15934 18th Place; Duane Siggins, 2701
Comstock Lane; Edward Sweeney, 2620 Urbandale Lane; W. G.
Carpenter, 16725 25th Ave.; 3ohn and harriet Person, 16305 15th
Ave.; Richard Brandt, 2620 Fountain Lane; Thomas Maier, 16730
C.R. 6; George Wilson, 17140 14th Ave.; 3ames Tegan, 3025 Walnut
Grove Lane; Edgar Parich, Lot 7 and 1%2 of 8 south of 13th Ave.;
Fritz and Alice White, 1845 Dunkirk Lane; 31m Harding, 16145
23rd Ave.; Richard Marden, 1705 Dunkirk Lane; Oleen Haroldson,
1735 Dunkirk Lane; David Miller, 1825 Dunkirk Lane; Sohn and
Helen Kemerling, 16700 24th Ave.; Herman E13entimmer, 1725
Dunkirk Lane; Karen Fox, Chelsea Mews AssoclatJon; Ray and
Lucille Hunt, 1625 Dunkirk Lane; Steven Narr, 1635 Dunkirk Lane;
Robert Ranwick, 1615 Dunkirk Lane; Audrey Logsdon, 1605 Dunkirk
Lane; Michael Bloom, 2900 Everest Lane; Patricia and Douglas
Novey, 1805 Dunkirk Lane; Alan Simons, 1715 Dunkirk Lane;
Kenneth and Angel! Wilharm, 1815 Dunkirk Lane; Donald and
Barbara Abbott, 2630 Fountain Lane; names Swabb, 3120 Dunkirk
Lane; Kay Engwarr, 1915 Dunkirk Lane; Robert and Mary Kinney,
1588 Dunkirk Lane; Patrick and Carol Brezonik, 2621 Comstock
Lane; Frederick Aderhold, 2760 Olive Lane; William and 3oAnn
Pribble, 17330 19th Ave.; F. P. Chen, 2920 Everest Lane; G. C.
and 3onell Olson, 2930 Everest lane; E. H. and Harriet Kiepert,
2901 Comstock Lane= Margaret and Larry fbjehlberg, 2841 Comstock
Lane; Steven and Marcey Tolmendotz, 2831 Comstock Lane; Michael
and Carol McShane, 2801 Comstock Lane; 3effery and Gretchen
Garfield, 2731 Comstock lane; Linda and Larry Golinvaux, 2611
Comstock Lane; C. R. Benson, 16715 25th Ave.; Barbara Abbott,
1630 Fountain Lane; Otto and Tina Paul, 2720 Everest Lane; Don
and Helen Anderberg, 2730 Everest Lane; 3on and Barbara
Provender, 2740 Everest Lane; 3aekie Puljle, 2750 Everest Lane;
Lara and Rizhard Story, 16705 30th Ave.; Call and Bill Munsell,
16705 32nd Ave.; Camey and Linda Carlson, 3200 Everest Lane; Pat
Rankins, 3210 Everest lane; Sandra and Donald lioffstrom, 3220
Everest Lanes Craig Cooper, 16705 33rd Ave.; G. Allan and Carole
Whittaker, 16705 22nd Ave.; and Arthur Taylor, 16700 22nd Ave.
page 163
The Mayor opened the public bearing at 9:06 p.m.
Don Smith, I&M 15th Ave., stated that Chelsea Woods doesn't
Have reet access to Dunkirk Lanm and should not be assessed to
the highest amount.
Mayor Davenport stated that it was possible Mr. Smith was not
told about his liability for the assessment when he purchased
the property, but the City had a development contract with the
developer stating he would accept future assessments.
Director Moore stated that the difference between (Unkirk Lane
and Everest Lane's assessments 13 that there are no development
contracts with the owners along Everest Lane.,
Attorney Lefler stated that it is not uncommon for people who do
not abut a street to pay a portion of the costs of that street
and this has been sustained in the courts.
Manager Willis pointed out that the Napledeil plat was assessed
In this manner.
Mr. Smith stated there Is a feeling among the homeowners that
there will be some special arrangements for Lundgren Brothers.
The Mayor stated Zhat the Council was concerned about the amount
of the assessments to Lundgren Brothers and that they would be
trying in every way to lessen those charges.
Councilmember Schneider stated that the special assessment com-
mittee could use funds from three sources= ad valorem taxes,
storm sewer taxing districts, or MSA funds. The Council's
policy is not to use ad valorem taxes for improvements projevts,
and the othfr two funds are overdrawn at present.
3amaes Swabb, 3120 Dunkirk Lane, pastor of Greenwood Baptist
riureg) ed he believed they had already paid for improve-
ments along Dunkirk lane.
The Mayor answered that residential property only pays once
while churnhes, schools, and commercial properties can be asses-
sed more than once.
HarrX RaX, attorney for Greenwood Church, asked if the church
was banet assessed as a commercial entity.
Diro%ctor Moore answered that the church was being assessed for a
seven ton street.
Nr. Ray asked if the Council ever gave special consideration to
a church and that the Council consider a deferral for five years
or until development on their property takes place.
dune 3, 1965.
Pogo 164
Mayar Davenport answered that the Council could consider this
although there is no City policy governing such deferrals.
Gep.rue Wilson, 17140 14th Ave., asked how his property benefited
y tie project. The culvert by his hone is almost full of sedi-
mentation.
Director Moore stated that the pipe is not plugged, it does flow
and this is the reason the pond doesn't fill up.
Sas Pe iller, Board of Trustees of Greenwood Church, asked why
the estimated assessment was $230000 and the final assessment is
532,000.
Director Moore checked the records and clarified that the esti-
mated assessment for the church was $33,000 and the final
assessment is $29,040.
Frederick Aderhold, 2760 Olive Lane, stated he was present to
earn why he was Ing assessed as he lives near Highway 101.
He has figured out from the discussion that his water drains
into the area and this is the reason for his assessment. He
stated the City's communication should be clearer as to the
reasons for an assessment.
Mayor Davenport stated that staff will attempt to clarify their
notices in the future to better explain the reason for assess-
ments.
Patrick Breronik, 2621 Comstock Lane, objected to the assessment
or So curb as it doesn't improve his property nor increase the
value of his home. He added that the bike path is inadequate
and that two trees on his property were killed during construc-
tion.
Dave Pulaski, representing Short -Elliott -Hendrickson, stated
lWa"Mr n'gJune all properties damaged during construction will
be restored. Replacement of trees is one of the last things
they'll do.
Mayor Davenport asked that PRAC review the bike path for
options.
Nike Bloom, 2900 Everest Lane, stated that Ks backyard has
floodedsince the street was finished but he never had water
probl-sins before.
Mr. Pulaski stated that he had inspected the property and they
will take care of the problem along with the restoration during
Ounee
ShIrLek Chen, 2920 Everest Lane, stated they have no driveway
moa snkirk lane. If she is not benefitted, she shouldn't
have to pay for 04 curb. Her neighbors aren't being assessed
for the curb and she doesn't believe this is facer.
IK
1 A
dJF IV r400
Page to
Mayor Davenport stated that the curb and gutter will perform a
number of functions Including facilitating storm water run off.
Torn Loomis, 1519 Weston Lane, stated his pond has a 10t of
aeVMS Prom street runoff as a result of the Vicksburg Lane pro-
jeat so he doesn't see how his property has benefitted. His
property was dry before.
Director Moore stated that the
ated the pond as was intended.
Vicksburg Lane improveeent cre-
3ames Olson, 1906 Weston Lane, stated that his problem is not
MIM the last time he was before the Council. There is
sttll water in his yard.
Otrector More stated, in his opinion, there is not a problem
with Mr. Olson's property.
area Fox, 1860 Zanzibar Lane, President of Chelsea Mews Associft
dtiong sated she paid for the Vicksburg Lane improvements in
1981 and shouldn't pay for Dunkirk Lane as they don't abut it.
Attorney Lefler stated that each and every homeowner in the Mews
Aust file a Motive of Appeal individually; the association
couldn't file for then.
Keen Plant, 1839 Black Oaks Lane, thanked the City for making
ana w;hIch saved many of their trees but he doesn't like the
way Relsea Woods is being assessed.
Neil Neikkila, attorney for some of the residents, asked if the
Cit' was aware that the property must be benefitted to the
amount assessed.
Mayor Davenport answered that the Council knew that.
Mr. Neikkila st,-sted that the City should conduct appraisals
before and after a project to determine the benefit and amount
Of assessment, not simply divide up the cost of the tmprove-
Aents. Mr. Neikkila gave an example of one of the properties
which was being assessed $11,000 and asked if the Council didn't
believe this was an incredulous asses mnt.
Mayor Davenport stated the expense of Individual appraisals
would be prohibitive. Because an assessment is inaredu)ous to
one homeowner doesn't make it so.
Bill Pribble, 17330 19th Ave., stated he objected to the assess-
RMEM"Ea estimated increase in value. He believes that he
was already assessed by project 68-1C.
0
Page I"
ftr..ims Sweene , UM C.R. b, stated that, for a temporary
s et, r Lane held up well and he doesn't feel he boner
fitted proem the project*
Mayor Nvenport stated that Ounkirk Lane, in the Council's opin-
ion, was in a state of disrepair. The City either had to
improve the saintenanee of It or upgrade it to current status*
This, along with the development of the Minneapolis property and
the fact that the City of Minneapolis agreed to pay some of the
costs, brought the Improvement up at this time.
Mr. Sweeney stated he has two driveways and would closing the
one on Dunkirk Lane reduce his assessment.
Director Moore answered that it would.
Loretta Suns, 1715 Dunkirk Lane, stated they sold their home
ano escrow 1 3/4 times the estimated amount of the
assessment. She would like to get back the money over and above
the amount of the assessment,
Mayor Davenport stated this wa4 between her and her bank, It
the requestedo the City would provide her with a letter stating
the amount of her assessment.
Mr. Brexonik stated there is a middle ground which would assess
all properties which benefit from the water drainage and every
one in the region should pay for it.
Director Moore eoRIented that in order to have a roadway which
would lasts proper drainage is necessary. One way to achieve
this is with curbing to control the water or to construct open
ditches. Ditches would have required substantially more rope
and the taking of many more trees.
Mrs* Chen statw•J again that her benefit from the curb and gutter
Is minimal and doesn't believe the City can show her property
benefits. to the amount of her assessment.
Mayor Davenport closed the hearing at 11eo8 ; m.
Counoiloo*or 3ohneider asked if there was a provision for
deferring property such as the chureh had requested.
Director Moore answered the only deferral available is for home-
steaded property or ?or senior citizens.
Couneilmember Vasillou stated that, since Dunkirk Lane
traffic from a great area, could the Council look for
to give residents a longer time to pay their assess Ent.
I
attracts
some way
figs 1i7
The 11ayor asked, now that the residents have undertaken the
first step of appeal, and some appraisals may come In less than
tAe assessment estimated, can the City go back and adopt special
rt%tes to extend the assessment.
Attorney Lefler stated that once the roll is adopted, It is
adopted and cannot be reassessedt except in the case of numeri-
cat errors or mistakes6 He added that It would be better to
defer any action on the roll at all and make any adjustments or
amendments before it is adopted,
Mianage, Willis suggested the Council consider deferring constdo
erat1w of the roll until staff could work with the City Attor-
nay and the consultant and provide a report to the next Council
rebating suggesting a course of action. He added this period of
time wov. d give staff the opportunity to examine the comments
made taftl "•4t.
Couneilmlm or Crain stated hi
cases, horn ger; in this case,
terms of a torneya' fees for
the effort 4n the part of the
tedo
would not like to defer in most
given the substantial potential In
the residents and City, he feels
Council and staff would be warran-
NOTION was made by Counilmember Vasiliou, seconded by Council -
member Crain, to defer the matter until the meeting of dune 17.
Notion carried.
Sehiebe's I
Mayor Davenport opened the public hearing at 11137 p.m.
No one chose to speak and the hearing was closed at 11137 p.m.
MOTION was made y Councilmember Schneider, seconded by Council,
membe:k Neils, t adopt RESOLUTION N0. 85-390 AUTHORIZING THE
VACATION OF CERIA114 STREET ANU UTILITY EASEMENTS IN LOT 1 AND a,
BLOCK 1, SCHIEBE'S OAXWOM ADDITION.
Notion carried on a Roil Call vote, five ayes.
Adopting atTax Into ment Flnencinq Plan
Mayor Davenport op..ned the public hearing at 11138 p.m.
No one chose to speak and the hearing was closed at 11:38 p.m.
NOTION was made by
member Neilsr to
INCREMENT FLWANCIi
HENT TAX INCREMEN
TRICT N0. 1.
P.ouneilawmber Schneider, aeeonded by Council -
adopt RESOLUTION NO. 85-391 APPROVING A TAX
10 PLAN AND ESTABLISHING AN ECONOMIC DEVELOP-
FINANCING DISTRICT lot IN OEVELOPNENT DISo
RESOLUTION N0.85490
r
SCHIEAE' S OAKWOOC
ADDITION
Item 6.6
RESOLUTION N0.65 491
WMINC TV RX14 -1
ESTABLISHING TIF
DISTRICT 1"2
T,tem 6•C
I i - 4 , •.
Page 166
Motion carried on a Roti Call vote, five ayes.
PETIT 0 TIONS
NOTION was wade by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION N0. 85492 APPROVING FINAL
PLAT AND DEVELOPMENT CONTRACT FOR ROSEWOOD CORPORATION FOR
LORELI'S ADDITION (84084).
Motion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt ABSOLUTION N0. 85.393 SETTING CONDI-
TIONS TO BE MET PRIOR TO FILING OF ,40 RELATED TO FINAL PLAT FON
ROSEWOOD CORPORATION FOR LORE;.I'S ADDITION (84084).
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Counellmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION N0. 85-394 ADOPTING ASSESS-
MENTS, PR03ECT N0. 5409 SANITARY SEINER AND WATENINAIN AREA -
LORELI'S ADDITION in the amount of $17,232.75.
Notion carried on a Roil Call vote, five ayes.
NOTION was made by Councilmember Scimel.der, seconded by Council -
member Vasiliou, to adopt RESOLUTION NO. 85495 APPROVING PRE-
LIMINARY PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR WALLACE
CATES (85019) .
Notion carried on a Roll Call vote, five ayes.
NOTI6A was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt ORDINANCE N0. 65-14 AMENDING THL ZON-
ING ORDINANCE TO CLASSIFY CERTAIN LAMS LOCATED AT 3220 XENIUM
LANE AS R-2 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT.
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Vasiltou, to adopt RESOLUTION N0. 85496 SETTING CONDI-
TION TO BE NET PRIOR TO PUBLICATION Of ORDINANCE REZONING LAND
LOCATED AT 3220 XENIUM LANE AS R-2 (LOW DENSITY MULTIPLE RESIm
DENCE) DISTRICT.
Notion carried on a Roll Call vote, five ayes.
Victor Zeuthen, architect reptesenting the petitioner, stated it
eras proposeJ 6y the Planning Comnissiov, that they add additional
plantings along the western and southern boundaries of the pro-
perty. they have met with the neighbors and the petitioner has
no objeetion to purchasing the 102 trees called for. The loca-
tion might change from directly along the property.
t
RESOLUTION N0.85492
Film FM a urv.,
CONTRACT, LORELI'S
ADDN. (84084)
Item 7-A•
RESOLUTION N0.85-393
LORELI'S ADDITION
ROSEWOOD CORP.
84084)
Item 7-A#
RESOLUTION NO.854,394
SEWER a WATERMAIN
PR03ECT M0. 540
LORELI'S ADDITION
Item 7-0
RESOLUTION N0.8S-395
PRELIMIMY PLAT',
C.U.P. 8 VARIANCE
W. CATES (85019)
Item 7-8*
ORDINANCE N0. 85-14
OROINANCE, 3220
XENIUM LANE
Item 7-N3*
RESOLUTION NI`. a 5- 396
IrTI-Ine SAS TION
PUBLICATION OF ORD.
3220 XENIUM LANE
Item 7„ B*
SCNUET'' ", 5TMENT
CO. "CUA% , - - '
TRAILS" W3t2)
Item 7-C
3urse 3, 1995
Page 169
MOTION was made by Councilmember Schneider, seconded by Council -
member Crain, to adopt RESOLUTION N0. 85-397 APPROVING PRELIMI-
NARY PLAT FOR SCHUETT INVESTMENT COMPANY FOR COACHMAN TRAILS
85022),
Motion carried on a Roll Call vote, five ayes.
MOTION was male by Councilmember Schneider, seconded by Council -
member Crain, to adopt RESOLUTION N0. 85-398 APPROVING SITE PLAN
AND CONDITIONAL USE PERMYT FON SCHUETT INVESTMENT COMPANY
85022) amending condition No. 11 by adding: "Additional plant-
ings to be approved by staff as to location, may not necessarily
be 15 ft. on center for all plantings."
Dick Williams, 1315 Peony Lane, asked why staff objected to the
addit" oT nd trees,
Mayor Davenport answered that the landscape policy standards
would be exceeded with the additional trees. The Council, how-
ever, is considering condition 11 to allow staff to decide where
the plantings will be placed. The number was not- decreased.
Mr. Williams stated that everyone In the neighborhood wants this
to go for•tard but they have some concerns; one is with the vari-
ance for the proposed number of units and the other is with the
variance to increase the height of the structure. The three
story building has a roof which would cre.tte a look of four
stories. They would like to do everything possible to shelter
the existing homes.
Planner Tremere clarified that no variances are requirAd for the
height or density. The original approved general development
plan comprehended more units than this proposal. On two
previous occasions the Council has honored the previous general
development plans for this sits: which reflected more tensity
than allowed by today's ordinance.
Attorney Lefler stated that tl%P density has been decided and the
City is obligated to follow the general development plan as pre-
viously approved.
Mr Williams stated another concern was with the fact that this
building would be one story taller than the existing apartment,
P:.anner Tremere stated the ordinance measures from the grade and
tkis puts the top of the gable with}n the 35 'oot, 3 story limi-
tation,
Mr. 2euthen stated he had requested a 5 foot variatice from the
height and he Ib requesting a three story building which is 40
feet high.
RESOLUTI" NO.85-397
PRrLIN1NiJ1VL
SCHUETT LNVESTMENT
85022)
Item 7-C
RESOLUTION NO.0-398
Vi... . DIY• Y %10V.. .
SCHUETT INVESTMENT
CO, (85022)
Item 7-C
j`<+4; r i r .: iii =- ii..
Page 170
9
Planner Tremere explained the ordinance definitions and provi-
cions regarding height. Staff review of submitW plans indica-
ted no variance was necessary. It the petitioner is now saying
the building height and number of stories is such that a vara-
ance is needed, staff has no objection to that.
Rill Williams, 1323 Peony Lane, stated that the proposed plant•
ngs do noT" soreen the building and asked that the Council take
a position on the hei4ht of the plantings.
Mayor Davenport stated he favored reducing the height but asked
It thin would alter the looks of the building.
Mr. Zeuthen stated that they are striving to give this project
as much residential appearance as possible. One big element for
doing this is the gable roof. They tried many designs on this
site at varying densities and finally decided on 153 uni :s to
tit the economics of the development.
NOTION was made by Councilmember Schneider, secinded by Council -
member Crain,, to amend condition Nb. 11 to add the tollowing:
The 102 additional evergreens be 6 feet minium height."
Notion carried, five ayes.
Councilmember Crain stated he recognized the concern with the
height of the building but also agreed that. the gablo roof woule
Look bettor in a residential neighborhood.
NOTION was made by Councilmember Crain,
ber Vasiliout to amend the resolution to
follows: "Approve a variaotee of 5 feet
height of the three story building."
Notion to amend carried.
seconded by CounesAlmem-
add condition No. 13 as
for a maximum 40 toot
Notion as twice amended carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by Council*
amber Vasiliou, to adopt RESOLD"ION NO. 85.399 APPROVING SITE
PLAN FOR LOUIS 0. WERNEKE C014PAW FOR LOT 6, BLOCK 1 VICKSBURC
INDUSTRIAL PARK (85023).
Notion carried on a Roll Call vote, five ayes.
NOTION w --s made by Councilmember Schneider, seconded by Council-
member Visiliou, to adopt RESOLUTION N0. 85%400 APPROM SITE
PLAN FOR R. V. 3ONNSON CONSTRUCTION COMPWY FOR LOT S, BLOCK 1,
VICKSBURG INDUSTRIAL PARK (83024).
Notion carried on a Roll Call vete, five dyes.
RESOLUTION N0.854"
WERNEKE CO. (85023)
Item 74%
RESOLUTION NOM A00
3"SON CONST. CO.
85024)
Item 7-E*
Page 171
MOTION was made by Councilmeatier Schneider, seconded by Council- RESOLUTION NO,85-401
member VasLILou, to adopt RESOLUTION NO, 85-4010 APPROVING FINAL FINK PLAT A DEV -6 -
PLAT AND DEVELOPMENT CONTRACT FOR ROLLING HILLS PARK 2ND ADDI. CONTRACT, ROLLING
TION (RPUD 64-1) (85026). HILLS PARK 2ND ADDN.
85026)
Motior carried on a Roll Call vote, five ayes. Item 7-F•
MOTION was made by Colincilnmember Schneider, seconded by Council- RESOLUTION NO.85••402
member Vasiliou, to adopt RESOLUTION N0, 85-402 SETTING CONDISETTING CONDITION9
TIONS TC BE NET PRIOR TO FILINC OF AND RELATED TO FINAL PLAT FOR FINAL PLAT, ROLLING
RCiLING HILLS PARK 2ND ADDITION FOR ENTERPRISE PROPERTIES HILLS PARK 2ND ADDH,
85026) ('RPUD 84-1), (65026)
Item 7-F•
Motion carried on a Roll Cal.: vote, five ayes,
NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0,85-403
member Vasiliou, to adopt RESOLUTION N0, 85-403 ADOPTING ASSESS-
DIVISION, NORTHLAND
MENTS, PR03ECT NO, 5360 SAVITARY SEWER AND WATERMAIN AREA - SEWER 8 WATERMAIN
ROLLING HILLS PARK 2ND ADDITION in the amount of S33,165.00. ROLLING HILLS PARK
RESOLUTION N0,85-406
member Vasiliou, to adopt RESOLUTION NO$ 85-406 APPROVING SITE SITE PLXN.E.U.P.
2ND ADDITION
Motion carried on a Roll Call vote, five ayes. Item 7-F*
MOTION was made by Councilmember Schneider, sec-mded by Council- RESOLUTION N0,85-404
member Vasiltou, to adopt RESOLUTION N04, 85-404 APPROVING LOT LOT CONOLIDATIONI
CONSOLIDATION, LOT DIVISION AND VARIANCE FOR NORTHLAND MANAGE- DIVISION, NORTHLAND
NENT CORPORATION (85029). MANAGEMENT (85029)
Item 7-G*
Motion carried on a Roll Call vote, five ayes, '
NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION NOoBS-405
member Vasiliou, to adopt RESOLUTION NO. 85-405 SETTING CONDI. SETT t C CONDITIMS,
TIONS TO BE MET PRIOR TO FILIIIG AND REGARDING LOT CONSOLIDATION, LOT CONSOLIDATION/
LOT DIVISION AND VARIANCE FOR NORTHLAND MANAGEMENT CORPORATION DIVISION, NORTHLAND
85029)6 NANAGEML•NT (850?9)
Item 7 -GM
Motion carried or a Roll Call vote, fivA ayes.
MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0,85-406
member Vasiliou, to adopt RESOLUTION NO$ 85-406 APPROVING SITE SITE PLXN.E.U.P.
PLAN, CONDIT'ONA%. USE PERMIT AND VARIANCE FOR DAYBRIDGE LEARNING VARIANCE, DAYBRIDGE
CENTER (85036). LRNG, CTR, (95036)
Item 7-H*
Motion earn "0 on a Roll Call vote, five ayes,
MOTION was matie oy Councilmember Schneider, seconded by Council.. RESOLUTION NO,85-407
member Vasi' -ju, to adopt RESOLUTION N0, 85-407 APPROVING LOT LOT NNSOEIDATION-
CONSOLIDATION FOR GHANEM K, HILAL FOR PROPERTY AT 12212 HIGHWAY G, HILAL (85046)
55 (85046)6 Item 7-I*
Notion carried on a Roll Call vote, five ayes,
0
me ,i, 1985
Page 172
MOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION NO. 85-408 SETTING CONDI.
TIONS TO BE NET PRIOR TO FILING AND REGARDING LOT CONSOLIDATION
OR GRANEM K. HILAL (85046).
Motion carried on a Roll Call vote, five ayes.
Mayor Davenport stated the traffic consultant has completed the
traffic study. Before the Council would take an action, they
would like a public informational meeting with the affected
residents.
Councilmemher Neils suggested the Manager also apprise school
district 281 of the proposal.
MOTION was made by Councilnrember Crain, seconded by Councilmem-
ber Neils, to set a public informational meeting to discuss the
request by the Associat'on of Medicine Lake Area Citizens for
one way traffic on a ;1 : r -tion of E-ist Medicine Lake Boulevard,
that options one and five be discussed at the meeting, and that
notices be sent to everyone in the area of the City as recom-
mended by the Public Works Director.
Motion carried.
Planner Tremere stated the Council may want to amend the City
Code to allow for the type of request being made by Hans Hagen
Homes for the issuance of building permits prior to approval of
plans and filing of final plat; this could be treated as an ex-
periment which would not set a precedent. The request is to
allow construction `or the Parade of Homes in Auyust. Tt
request is not unique and similar inquiries have been made by
other developers.
Mayor Davenport stated that, because of the developer's long
positive record with the City, he believes there should not be a
problem.
MOTION was mate by Councilmember Vasiliou, seconded by Council -
member Neils, to adopt RESOLUTION NO. 85-409 APPROVING WAIVER
OR HANS HAGEN HOMES FOR DEVELOPMENT OF MODEL HOME IN TYRELL
ADDITION PRIOR TO FINAL PLAN APPROVAL AND FILING OF FINAL PLAT
85037).
Motion carried as a Roll Call vote, five ayes.
Manager Willis commented that the developer of Kingsview Heights
has inquired about obtaining nine permits before final plat,
also for the Parade of Homes. He could not recommend this for
approval because of the enor.wus amount of work needed prior to
construction. He suggested staff would prepare, for Council
consideration, amendments to the City Code allowing the Council,
ft
RESOLUTION N0.85-408
SETTING MMITIUN9
LOT CONSOLIDATION
C. HILAL (85046)
Item 7-I•
REQUEST BY AMLAC FOR
ONE-WAY TRAFFIC ON
E. MEDICINE LAKE
BLVD.
Item 7-3
HANS HAGEN 1"IES
REQUEST FOR BUILDING
PERMITS (85037)
Item 7-K
RESOLUTION N0.85-409
MODEL HOME WAT%r
HAKS HAGEN HOMES
85037)
Item 7-K
Page 173
at the time of preliminary platting, to arrive at a point where-
by some peewits could- be issued,proviaing certain things are
done to take care of future requests. He cited the experience
of another astropolltan area city. The Council concurred.
MOTION was made by Colmcilim ber Schneider, seconded by Councii-
oxiber Vasiliou, to idopt RESOLUTION N0. 85.410 AUTHORIZING RE•
DUCTION OF SITE PERFORMANCE GUARANTEE FOR 100 OF LIFE ASSEMBLY
OF COD CNRIRCH (34015) to $52,830.00.
Notion carried on a Roll Call vote, five ayes.
NOTION was aide by Counclimenber Schneider, seconded by Couivil-
membea Vasiliou, to adopt RESOLUTION NO. 55411 AUTiN1'*V1NG
RELEASE OF SITE PERFORMANCE GUARANTEE FOR VOLP CONSTRUCTION
COMPANY FOR MOWN CAMPBELL BUILDING (80001).
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION N0. 854,412 ACCEPTING BID,
XENIUM LANE - NORTH OF 34TH AVENUE TO CWVY ROAD 9, PR03ECT
N0. 505, STREET AND UTILITY INPRO ENENTS fro* Nodland Associates
of Alexandria, Minnesota in the aswunt of 5256,860.00.
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Council.
member Vasiliou, to adopt RESOLUTION N0. 85413 ACCEPTING BIO,
1985 UTILITY AND STREET IMPROVEMENTS from Northdale Construc-
tion, Rogers, Minnesota in the .tmount of $302,597.65.
Motion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION N0. 85414 REDUCING DEVEL-
OPMENT BOND, OXBOW RIDGE ADDITION (81035) to $0.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by Council-
ramber Vasiiiou, to adopt RESOLUTION N0. 85415 REDUCING DEVEL-
OPNIENT BOND, HUMPHREY ESTATES ADDITION (82024) to $5,000.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by CowioilVmember Schneider, seconded by Council -
member Vasiliou, to adept RESOLUTION NO. 65-416 AUTHORIZING CON-
OEMNATION PROCEEDING;, PROZIECT N0t, 225, 45TH/46TH AVENUE,
STREETS AND UTILITIES.
Motion carried on a Roil Call vote, five ayes.
9
RESOLUTION H0.8S-410
MORD OF LIFE CHURCH
MIS)
Item 7-L- 1•
RESOLUTION NITIM0.85-411
VOLP CONSTRUCTION
80001)
Item 7-L-2*
RESOLUTION NO%65412
XWTLM 1110. •
3059 XENIUN LANE
IIPROVE14ENTS
Item 7010
RESOLUTION N0.85413
w.
IMPROVEMENTS, PR00.
2070 324, 4559 4591
501 8 $04
Item 7"N*
RESOLUTION N0.85414
OXBOW RIDGE AWN
81035)
Item 7-0-1•
RESOLUTION N0.8S-41S
HUMPHREY ESTATES
ADDN. (82024)
Item 74.2*
RESOLUTION N0.85416
low PROM
OWN
CEEDINGS, 45TH/46TH
AVE% $ PP03ECT 225
STREE 8 UTILITIES
Item 7•P•
Ane
Page 174
MOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION NO. 85-417 AUTHORIZING THE
INSTALLATION OF "NO PARKING" SIGNS ON NIAGARA LANE BETWEEN TRUNK
HIGHWAY 55 AND COUNTY ROAD 6.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION N0. 85-418 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF A PORTION OF JUNEAU LANE for
July 1, 1985 at 7:30 p.m.
Notion carried on a Roll Call vote, five ayes.
Item 7-S*, Accepting bid, project 503, street and utility im-
provements for 53rd Avenue/Nathan Lane/Scherer Industrial Devel-
opment and adjacent area was deferred until the meeting of June
17.
NOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION NO. 85-419 APPROVING CHANGE
ORDER N0. 40 DUNKIRK LANE IMPROVEMENTS, PROJECT N0. 408 adding
4,?51.00.
Motion carried on a Roll Call vote, five ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
Manager Willis stated the Counc'l had previously requested this
be brought back as a policy for their review.
NOTION was made by Councilmember Neils, seconded'by Councilmem-
ber Schneider, to adopt RESOLUTION NO. 85-420 ADOPTING THE CITY
OF PLYMOUTH'S INVESTMENT POLICY,
Notion carried on a Roll Call vote, five ayes.
Councilmember Crain stated his concern with the amount of the
indirect costs. He believes the effective date should be
January 1, 19851 providing that Plymouth is a backup servic*,
and he would like to see continued negotiations.
Councilmember Neils stated she is not interested in subsidizing
Medicine Lake. The City Manager's recommendation of a 1.5 cost
factor is not unfair.
Coo.oncilmember Crain stated Medicine Lake's offer to allocate the
direct costs for 1986 and to continue the current hourly rate
through 1985 is a major step on their part. In terms of being
able to provide service, the extension of the water line wil& be
a big step. He doesn't support the "take it or leave it" atti-
tude and suggested the City continue negotia'.ing.
RESOLUTION N0.85-417
XUTHIORIZINC "N
PARKING" SIGNS
NIAGARA LANE
Item 7-0*
RESOLUTION NO.85-418
ORDERING HEARM=
STREET VACATION
JUNEAU LANE
Item 7-R*
ACCEPTING BID
PROJECT 503
Item 7-S
RESOLUTION NO.85-419
PROJECT 408
DUNKIRK LANE IMP.
Item 7-T*
RESOLUTION NO.85-420
ADOPTING CITYT
INVESTMENT POLICY
Item 8-A
MEDICINE LAKE FIRE
SERVICE
Item 8-8
V - "
3urw 39 1985
Page 175
Mayor Davenport stated he would like to see continued negotia.
tions and would also like to see substantiation for the 1.5
factor. He proposed a 30 day extension of the agreement.
Councilmember Schneider stated he doesn't want to subsidize
Medicine take.
Manager Willis stated he will vork on a more accurate factor and
bring the matter back to the Council at its dune 17 meeting..
Manager Willis stated the Issue is a request from the First Bank
Edina that the Council authorize the respreading of the special
assessments at fourteen parcels in the downtown area which the
bank has torclosed on in exchange for which the bank has stated
they will pay the delinquent taxes or those parcels before 3une
2S. It is his opinion that the community interests would be
served if the special assessments were respread. The city
attorney has determined that the City could not respread the
assessments for one year and then respread then for another
period at the end of the year; this could only be done once.
Should Oe My allow the bank to hole the properties to develop
a comprehensive plan or, by not respreading the assessments,
force tho bank to sell off the lots without any plan.
The bank is recommending the assessments be respread over a 10
year period. The longer the period of time, to pay off the
Assessments, the better the opportunity to do a Good job of
netting the property developed. If the period is too short, the
owner may be inclined to rush development. He is looking at the
quality and not the speed of the development.
G_reg _G__ustafson, attorney with First Bank Edina, stated this is a
complicatedsituation. Their primary concern is why the City
should do this. It 1. their feeling that this is a unique situ-
ation. The bank is trying to work with the City to develop this
property in a satisfactory manner, one which the City can be
proud of. Their position is that this is not a precedential
type of situation regarding future projects. They are prepared
to pay over $175,000 before 3une 25. They are asking that the
penalties on the special assessments and the interest on the
penalties be waived. I; the City includes this in the recasting
of the assessments, it would be a detriment to future develop-
ment. They believe it is appropriate to waive them in this
situaticn. This would allow them to keep all the property under
their one umbrella.
Councilmember Crain asked the status of the bonds on the special
assessment.
Manager Willis answered that the bonds sold for this project
were part of a larger bond sale and those were issued for seven
years. Those bonds will be fully matured within two years. The
respreading would not affect the City's fiscal condition.
DOWNTOWN PLYMOUTH
STATUS OF SPECIAL
ASSESSMENTS
Item 8 -C
1'955
page" 176
r
Mayor davenport stated he
and Interest on penaltiese
was reluctant to waive the pendlttes
The Council consensus was not to waive the penalties and Inter-
est an the penalties.
Councilmember Vasiliols stated she disagreed with the respreading
of the assessments.
Councilmesiber Schneider asked what the downside of respreading
the assessments would be to the City.
Manager Willis answered that the downside would be minimal,
except that the question of setting a precedent is real.
Mayor Davenport asked If this was so special that this action
would not be binding on the Council in future matters.
Attorney Lefler answered that this would be s policy problem.
This is so unique that it wasn't even contemplated except for
cities of the first class. If the Council's answer is no, and
the pareeli are sold, the Council will have to respredd the
assessments 4nyway. The City would not ultimately lone the
money.
Discussion continued on the disadvantages of respreading the
assessftnts.
Councilmember Schneider stated the advantages are that the City
and other taxing jurisdictions would receive $175,000 now.
Another upside would be that there would be only one developer
and the City could control the quality of the development. He
added that the bank would assure that they would keep the taxes
current from this point on.
Mayor Davenport stated he believes it is the Council's role to
mako thing;s happen, to expand the tax base, to form "can do"
attitudes, to be more proactive to obtain and attract business.
He feeds it is the City's obligation to ado,.)t a more construc-
tive attitude to resolve this. The City has an opportunity to
recast the assessments and prove forward in this development, to
finally bring about a dream. He would like to see downtown
Plymouth as it was intended to be, a reality, and it is in the
comnity int-srest that it be sooner rather than later. He
stated he entausiastied Ily supports the recasting of the assess-
ments in a spirit of moving things forward in downtown Plymwth.
NOTION was made by Councilmember Neils, seconded by Councilmem-
ber Schneider, directing the City hana3er to proceed with re-
spreading the special assessments per the request of First Bank
Edina subject to special legislation and that the duration of
the respreading be for 10 years and that the penalties and
Interest not be waived.
0
p C 1T7
Manager Willis stated he would case back at :he meeting of Dune
17 with an asseseaent agreement which would ask the bank to pay
the taxes, adopt the special assessment legislation, develop a
new assessment roll, and waive the public Nearing.
Counoiimeeber Crain stated he would suppvt the motion, but this
is not the first tb* the City has given economic assistance to
i developer in the City by other means. 'his form is unique but
the substance is not in teras of providing incentive for devele
opment to the City by people the Counell wants to see develop in
the Ci ty.
Counoiloomber Schneider stated he couldn't support anything
other than a 9.M interest rate.
007 IOM was aide by Councilmember bells, seconded by Couneilnori-
ber Crain, to amend the motion to include the 9.Mx interest
rateo
Notion carried, four ayes. Councilmember Vasiliou voted nay,
Mayor Davenport stated that in the interest of getting downtown
Plymouth going as soon as possible, he suggested a term of five
or seven years.
Manager Willis stated he believed the extra time the bank is
requesting is a concession well worth making to give then the
time to create a good development.
Councilmember Neils stated she couldn't support the 10 year
extension were it not for the fact that the penalties were not
inoluded.
Notion as on" amended carried, four ayes. Councilmember
Vasiliou voted nay.
Manager Willis stated staff has put together a draft agreement
for the proposed sale of 17 acres of land south of C.R. 61 and
west of West Medicine lake boulevard to Sohn Karos. Staff
believes that this agreement is a sound one which will help the
City recoup slue of its investment in this property and provide
that the property would be developed in a vmnner which would be
mWatible with adjacent property. The proposal is for single
tally homes and one larger site for a church.
Oohn Xeres, developer, stated he is on a strict time schedule
and hopai`Zhat the agreement will be held in abeyance until the
Improvements oan be installed if he is not able to have the land
final platted by early August* the project's feasibility de-
pends on construction this fall. He would plan to have the
improvements in and start building by October.
r.
PROPOSED SALE OF
LAND tO 9OHN KAROS
Item 84
3une 31 19"85
Piage 178
Manager Willis stated that Mr. Keros needs to know the church
will buy the property as intended before he installs the utili-
ties.
WITION was mde by Councilwaber Schneider, seconded by Council-
sember Neilst to adopt RESOLUTION NO. 85421 AUTHORIZING THE
MAYOR AND CITY NANAGER TO ENTER INTO AN AGREEMENT WITH JOHN
KAROS FOR THE SALE OF LAND SOUTH OF COUNTY ROAD 61 AND WEST OF
WEST MEDICINE LAKE AOULEVARD.
Notion carried on a Roll Clal voter five ayes.
The Council reviewed the status of the public and capital
improvement projects.
NOTION was made by Councilmember Schneider, seconded by Council -
member Vasiliou, to adopt RESOLUTION N0. 85422 APPROVING ADDEN-
DLM I TO THE 1983-1485 LABOR CONTRACT WITH LAW ENFORCEMENT
SERVICES, INC. F(tR POLL^E SERGE%:NTS.
Notion carried on a Roll Call vote, five ayes.
The meeting adjourned at 2:10 a.m.
My Clerk
RESOLUTION NM5421
HENT ON SALE OF LAND
TO 3OHN KAROS
Item 8-0
STATUS REPORT
IMPROVEMENT PR03ECTS
Item 8 -E
REF11LUTION N0.85-422
WOERM TO LAWN
CrPATRACT FOR POLICE
RGEANTS
7.tem 8-F*
0
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD-* PLYMOUTH, MINNESOTA 55447
TELEPHONE (812) 558.2800
MEMO
DATE: June 11. 1985
TO: James C. Willis. City Manager
FROM: Eric J. Blank. Director of Parks and Recreation
SUBJECT: Plymouth Shopping Center Association Donation
A representative of the Plymouth Shopping Center Association
will be present at the Monday night Council meeting to present
a $1.000 check to the City Council.
This contribution is going to sponsor the Plymouth Puppet. Playhouse
for the summer of 1985.
We wou:d like to have a picture taken with this represu ntauve
and ActiLg Mayor Schneider that will go in the Post ne-ispaper,
not only to advertise Plymouth Shopping Center's Association,
but to promote the summer puppet playhouse program.
I will provide you with the name of the representative from the
Association prior ;o Monday night's meeting.
np