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HomeMy WebLinkAboutCity Council Minutes 03-05-1973o MINUTES REGULAR COUNCIL MEETING MARCH 5, 1973 y1 IA regular meetingof the Plymouth Village Council was called 'to nyder b Mayor Hilde at 7:40 p.m. theCouncilChambers of the Public Works Building, 14900 Twenty-third Avenue North, Plymouth, cn March So 1913.,. PRESENT: Mayor Hilde. Councilmen Hunt, Spaeth' and Neils, MlanagEjr Willis, Attorney Lefler, Engineer Goldberg and Planner Overhtser ABSENT: Councilman Seibold on vacation' PUBLIC HEARING J i The petitioner requested the vacation of Union Terrace north' of WAYNE JOPP 32nd Avenue. Staff recommended approval- of the vacation with STREET VACATION the retention of a 10ofoot utility easement along the north side Item 44 and 15 feet along the west side of the street area to be vacated. The Public Hearing was opened at 7:47 p.m., and there being no one except the petitioner present to speak, the public hearing was closed. MOTION was made by Councilman Spaeth, seconded by,Councilman RESOLUTION N0., 7346 Hutt, to adopt RESOLUTION NO, 73-96, A RESOLUTION APPROVING THE VACATION OF A PORTION OF UNION TERRACE LANE. Motion carried on r. Roll Call vote. four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION NO. 7347 Hunt, to adopt RESOLUTION N0. 73479 A RESOLUTION DIRECTING THAT RESOLUTION N0, 73.96 NOT BE FILED WITH THE COUNTY UNTII SUCH TIME AS A FINAL PLAT FOR THE PROPERTY LYING NORTH OF SAID VACATION IS FILED WITH THE COUNTY AND UNTIL EXECUTED DEEDS ARE FILED GRANTING THE UTILITY EASEMENTS REQUIRED. Motion carried on a Roll Call vote, four ayes. MIN_ MOTION was made by Councilman Neils, seconded by Councilman FECRUARY 260 1973 Spaeth, to approve the minutes of the February 26, 1973 Special SPECIAL MEETING Meeting, Item 5-A The Manager reported than; Councilman Spaeth and Planner Overhiser had appeared before the Referrals Committer of the Metropolitan Council on March 1 and were successful in ha:+ng the Eastand West Medicine lake Park project designated as regional in scope. This will, be before the full Metropolitan Council on March 8, I 0 kV.1ar Council Meeting° rch'9-J973 age Two The PI anner al so reported °on`, hi s Jappearance at the public hearing on March 1 on the proposed MetropAitan Development Guide on Open Space.` He indicated there was quite, a feeling for more munkipal involvement at this hearing. i+6otion to approve the minutes carried. tree eYes. with Counci lman\ l pnt abstairil-ng, 1 PETITIONS, REQUESTS A COMMUNICATIONS The petitioner requested the rezoning of approximately 12 aches located at the nfirthwest corner\of the interseciton of Highway U 35 and County Road 9 from R4 tol,I4. The subject property would be used by Bergerson-Caswell, Inc;, for an office building and storage facilities and by the Klev,en Floor Covering Company for an office and warehouse facility. The property is adjacent to land presently zoned industrial, and the proposed Guide Plan in- dicates industrial use for the land , The Council., discussed the Zoning Orcli nance regulation against zoning parcels of less than 20 acres,to I-1. It was noteci1,that to this particular case'it would probably be allowed because the parcel is contiguous with land already zoned I-1. Councilman Nei 1 s pointed out that a smaller part;el must adapt 'itself to the existing platting of an adjacent larger parcel and stated he felt in this instance this would not,be the case in that the smaller parcel wound set the pattern for the larger parcel, 9 10 55 COMPANY REZONING R4 Item 6-A The question was raised whether the,Council is prohibited by policy from rezoning land ahead of development, It was agreed this is not a prohibiting factoo in,that in some instances rezoning in advance of development regulates -the land uses around it, The Mayor pointed out that there were two o;• three items on the &?gends whereinvolvingrezoninggordevelopmentinareasere sewer and water is not presently available, and the Council discussed at length the in- tent of their previous policy decision to prohibit lievelopnent in areas Were utilities are not available. Councilmali Hunt stated he d:1 rot feel this development was of such a magnitude to be deter- mined a major development as far as utilities are concerned. If this development was of such a nature that it would require the Village to run serer and water out to it, he stated the would be against it. He added he could not see any other use other than I-1 for this triangular piece of land, Councilman Spaeth stated his concern was that while tt,is is not of significant size it might promote further development in the area and the Village might be forced to do something we do not waist to do. Re stated he felt thore were other areas around Bounty Rodd 18 and 1494 that should be developed first; rather than going to the western boundary of the Village, Mayor Hilde stated his main con- cern is tieing drug i6to a premature sewer project by the PCA, TO B-3 11 Amend, 3-19-i3) A 1 55 COMPANY REZONING R4 Item 6-A The question was raised whether the,Council is prohibited by policy from rezoning land ahead of development, It was agreed this is not a prohibiting factoo in,that in some instances rezoning in advance of development regulates -the land uses around it, The Mayor pointed out that there were two o;• three items on the &?gends whereinvolvingrezoninggordevelopmentinareasere sewer and water is not presently available, and the Council discussed at length the in- tent of their previous policy decision to prohibit lievelopnent in areas Were utilities are not available. Councilmali Hunt stated he d:1 rot feel this development was of such a magnitude to be deter- mined a major development as far as utilities are concerned. If this development was of such a nature that it would require the Village to run serer and water out to it, he stated the would be against it. He added he could not see any other use other than I-1 for this triangular piece of land, Councilman Spaeth stated his concern was that while tt,is is not of significant size it might promote further development in the area and the Village might be forced to do something we do not waist to do. Re stated he felt thore were other areas around Bounty Rodd 18 and 1494 that should be developed first; rather than going to the western boundary of the Village, Mayor Hilde stated his main con- cern is tieing drug i6to a premature sewer project by the PCA, TO B-3 11 Amend, 3-19-i3) oula„r'; unci 1 erch S-, 1913 Pate Three meeting 0 The Mayor polleO the Council on the application of the policy in this instance. Councilman Neils stated that on the basis of a zoning issue itself. he felt we should not rezone before adoption of the Guide Plan. In terms of the sewer and water problem, he stated he was agginst re- zorking without utilities being available because it is difficult to know where to draw the line and the Village might find itself in a position where we are unable to restrict further developments from. coming in. Councilman Hunt stated he did not feel this policy applies to a project of this'size. Councilmao Spaeth agreed with Council%n Hunt's statement but added his concern that we might be planting a little seed that will grow on us. Mr. Fred Poisson appeared representing the petitioner and presented a proposed site plan for the development. He pointed out that both uses would have a minimal number of employees. The Kleven Company would, like to sta"%t development'as soon as possible, where the Bergerson& Caswell bui a Regular Council Meeting March 5 1973_, Page Four he would be willing to install the line'under County Road 18 at his own expense or design and install ' a pri'wate sewer system including a holding ,tank to be used until such time as public,sewer is available. Donald Volness, 4915 Yorktown Lane, and; Waldo-li. Hasse, 4845 'Yorktown Lane, stated they were concerned about'the leap -frog of the sewer line to service this development, but did not see where there would be a problem in view of the petitioner's statements. MOTION was made by Councilman Neils, s;,.conded by Mayor Hilde, that action on this petition be deferred until such time as we can assure the aya 1 tubi l it of .a sewer connection i' in the near future and until such tine that v;'sito plan and dev'elopolent contract are available for, action along with the rezoning issue. 'Following discussion regarding the length of time it,may take to guarantee utility services in this area and the passibility of the petitioner going elsewhere in view of his September 'SO deadline, the motion and second for the above motion were withdrawn.,, MOTION was made by Councilman Neils that action on this petition be deferred for a period not to exceed 60 day's for consideration of sewer service to this project. Motion failed for lack of second, MOTION oas ma4e by Councilman Hunt, secinded by Counci'lma,.-i Spaeth, t^ adopt the proposed Ordinance rezoning tK,land to 84, Service Business District. Councilman Neils stated he felt we should have some type of assurance that sewer will be available within a three to five year period so that would be the extent of a temporary solution, The potion and 'second for the adoption of the ordinance amendment were withdrawn. MOTION was made by Councilman Spaeth, seconded by Covricilman Hunt, to defer action on this petition for rezoning until such time a`, the, petitioner comes back with a sewer plan of some type • preferably a public sewer plan - that the Council finds acceptable. MOTION was made by CLunc;lman Neils, seconded by Councilman Hunt:, to amend the motsca to also indicate infonial favorable response by the Council for the petitioner's proposal. Motion to amend the motion carried, four ayes. Motion as amended carried, four,ayes. William Dickey and Don Ringrose presented to the Comicil the revised preliminary plat for Amber Woods, Because sof soil con- ditions in the northern portion of the de!elopment, this area will not he developed but retained as open space and ponding arca. The revised plat shows 143 lots. It was agre rd that the Rnginaering study of sewer availability will be considered at Ae sane time the final plat is presented for approvt;l MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 7348, A RESOLUTION APPROVING 'rdE PRE- LIMINARY PLAT FOR "AMBER WOODS" SUBJECT TC THE THREE CONDITIONS AS SET FORTH IN THE STAFF REPORT DATED FEBRUARY 28, 1x73. Motion carried on a Roll Call vote, four ayes, 1 DREYFUS - AMBER WOODS REVISED PRELIMINARY PLAT Item 6-B RESOLUTION N0. 7398 f J C t i Regular Council Meeting ' March 5, 1973 Page'Five i Gary Freund, representing Northeirn Holding 8 Development Co., WHEEL CENTER - SITE PLAN appeared before the Council regOesting site pian ar,.,toval and & CONDITIONAL ,USE PERMITS conditional use permits for the jconitruction of a 601ding at Item 6-D 11120 Most Highway 55 to house Vil'iace Sports: Inc. and Wheel Goods Corporation.' MOTION was made by Councilman Runt, secondo by' Councilman Spaeth, RESOLUTION,NO.:73 99 to adopt RESOLUTION N0, 73-991 A RESOLUTION APugOV:MG THE SITE PLAN FOR THE WHEEL CENTER BUILDING SUBJECT,T0 THE EIGHT CONDI- TIONS AS SET FORTH IN THE STAFF DEPORT DATEa,FEBRUARY 28, 1973. tier:, carried on a Roll Call vote, four ayes: NOTION was made by Councilman Hunt, seconds by,Councilman Spaeth, RESOLUTION NO. 73-100 to adopt RESOLUTION NO,, 73-100 A RESOLUTION'APPROVING THE CON- a DITIONAL USE PERMIT FOR VILLAGEE'SPORTSr, INC. TO OPCQATEp RETAIL CENTER FOR SNOWMOBILES AND MOTOR BIKES AND A SERVICE ' ARTMENT WITHIN A B4 SERVICE BU0NESS DISTRICT, Notion carriedbn a Roll Call vote, four ayes. MOTION was made 5y Councilman Hunt, seconded by Councilman Spaeth, RESOLUTION N0. 73-101 to adopt RESOLUTION NO., 734019 A RESOLUTION APPROVING THE CON- DITIONAL USE PERMIT FOR WHEEL GOODS CORPORATION TO OPERATE A RE- TAIL BICYCLE STORE AND SERVICE CENTER WITHIN A B-3 SERVICE BUSINAS DISTRICT. Motion carried on a Roll Call vote, four ayes. Mrs. Donnelly requested reconsideration of her request for a Conditional Use Permit for a home occupatiin denied by the Council on February 20, 1973 and explained to,, the Council the limited nature of her business and the few patrons she would have visiting her home beauty shop. She was requested to con- tact the neighbors to explain her proposal'to them and retuni to the Council with their reactions. The petitioner requested site plan approval for the construction of a plastic tooling and manufacturing plant in the I-2 district south of the Walton Ford site. Sewer service is also not avail- able to this site, and the petitioner proposed to install a private system. (Amend. 349-73) MOTION was made by Councilman Neils, seconded by Councilman Hunt, to adopt RESOLUTION NO. 73-102, A RESOLUTION APPROVING THE SITE PLAN FOR WILLIAMS ENGINEERING, INC. SUBJECT TO THE SEVEN CONDITIONS AS SET FORTH IN THE STAFF REPORT DATED FEBRUARY 28, 1973. Motion carried on a Roll Call vote, four ayes. REPORTS BY OFFICERS, BOARDS 6 MUM$ At the request of the Sunset Hill School, this item was deferred until the meeting of March 19, 1973. PATRECIA DONNELLY CONDITIONAL USE PERMIT Item 6-F I WILLIAMS ENGINEERING, INC. SITE'PLAN APPROVAL Item 6=E RESOLUTION N0, 73402' COUNTY ROAD 15 TRAFFIC STUDY REPORT Item 7-A Regular Council Meeting_ _ - March 5.- 19731 Page Six NOTION wa$ made by Councilman Spaeth, seconded by Councilman Neils, to adopt ORDINANCE NO, 734. AN ORDINANCE AMENDING CHAPTER III, SECTION 7.11 OF THE VILLAGE CODE TO PROHIBIT DOGS FROM RUNNING LOOSE IN ANY PLATTED AREAS OF THE VILLAGE. Motion carried on a Roll Call vote, four ayes. ORDINANCE NO. 734 AMENDMENT TO DOG ORDINANCE Item 7-B NOTION was made by Councilman Spaeth, seconded by Councilman Neils, directing the-Maniger to withhold enforcement of the new ordinance until such time as the: Village has made the appropriate announce- ment to the citizens, Notion carried, four ayes, The staff-ptesented11:0 the Council a proposed policy resolution LOAD LIMITS establishing load limits on the Village streets and providing Item 74 for the issuance of permits by the Village Engineer to permit overweight vehicles on certain streets, to facilitate the movement of construction materials. Parties requesting these permits would be required to post cash with the Village to cover any damage which might be caused to Village streets because of these overweight vehicles, There was discussion regarding the problems of deter- mining which vehicles cause damage in view of the fact that school buses and garbage trucks also use these streets. Attorney Lefler explained that the language of the policy resolution would place the burden of proof upon the owner of the overweight vehicle rather then upon the Village to prove that his vehi-le did not cause the damage, MOTION was made by Councilman Neils, seconded by Councilman Spaeth, to adopt RESOLUTION NO, 73-103, A RESOLUTION ADOPTING THE POLICY FOR LOAD LIMITS ON VILLAGE STREETS. Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilman Neils, seconded by Councilman Hunt, to adopt RESOLUTION NO, 73-104, A RESOLUTION OPPOSING CHANGE IN THE ADMINISTRATION OF DIRECT RELIEF IN HENNEPIN COUNTY, Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION NO, 73-1056 A RESOLUTION APPROVING THE BOND REDUCTION ON FAZENDIN PARK IST AND 2ND ADDITIONS FROM B,5OO TO $5756 Councilmon Neils questioned if the park improvements have been completed and the bonding for these improvements, Staff explained this bond covers only street improvements and that the park im- provements are not bonded but part of the contractual obligation. Motion to adopt RESOLUTION NO. 73-105 carried on a Roll Call vote, three ayes, with Councilman Neils voting nay, RESOLUTION N0, 73-103 RESOLUTION NO. 73-104 TOWNSHIP RELIEF ACT SENATE FILE #410 Item 7-D RESOLUTION N0, 73-105 r .J FAZEN' N PARK IST b AD ADD'N - BOND REDUCTION Item 7%E 0 L Regular Council' Meeting March 5., 1973 ' Page Seven' MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RESOLUTION N0, 734069 A RESOLUTION REQUIRING' THE DEVELOPER OF FAZENDIN PARK 3RD AND 4TH ADDITIONS TO FURNISH THE VILLAGE A LETTER OF CREDIT IN THE AMOUNT OF $79025 TO'COVER THE BALANCE OF THE WORK. Motion carried on a Roll Call vote, three ayes, with Councilman Neils voting nay. MOTION was made by Councilman Neils, to adopt RESOLUTION NO. 1) DUNKIRK LANE FROM CO. RD. FROM CO. RD, 18 TO E. MEDICINE FROM CO. RD. 6 TO CO. RD. c AS Motion carried on a Roll Call Spaeth, seconded by Councilman 734079 A RESOLUTION DESIGNATING 6 TO CO. RD. 24, (2) 26TH AVENUE LAKE ROAD, AND (3) FERNBROOK LANE MUNICIPAL STATE AID STREETS. vote, four aures. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, directing the staff to invite the Metropolitan Council staff to Plymouth to give their presentation regarding the Metropolitan Housing and Redevelopment Agency proposals. Motion carried, four ayes. DISBURSEMENTS MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 73-108, A RESOLUTION APPROVING FOR PAY- MENT THE DISBURSEMENTS FROM THE GENERAL FUND, WATER FUND, SEWER FUND AND CONSTRUCTION FUND FOR THE PERIOD ENDING FEBRUARY 231 1973. Motion carried on a Roll Call vote, four ayes. Mayor Hilde adjourned the meeting at 11:00 p.m. A Sandra L. Haugen Village Clerk RESOLUTION NO. 73-106. FAZENDIN PARK 3RD & 4TH ADD'N - BOND REDUCTION Item 7-F RESOLUTION N0. 73407 ADDITIONS TO MUNICIPAL STATE AID ROAD SYSTEM Item 7-G METROPOLITAN COUNCIL HOUSING PRESENTATION Item 7-H RESOLUTION NO. 73408 DISBURSEMENTS FOR PERIOD ENDING FEBRUARY 23, 1973 Item 8-A