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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