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HomeMy WebLinkAboutCity Council Minutes 07-23-1973 SpecialI i MINUTES SPECIAL COUNCIL MEETI% J -LY 73v 1933 A special meting of the Villaqf+ Council of the Village c:` PlynAu*h was called to order by Mayor Hilde ut 7:35 p.m, in the Council Chambers of the F1011c Works Building, 1490 Twenty-third Avenue ;forth, Plyriouth, on ;ply 23, 1973. PRESENT: Mayor Hiide_,, Counci lwn Spaeth, Seibold and Neils, Manager Willis, Attorney Drawz aria Engineer Goldberg r ABSENT: Councilman Hunt MINUTES - JULY 9, 1973 SPECIAL MEETING MOTION was made by Councilman Seibold, seconded by Cot.no lman Neils, to approve the minutes of the July 9. 1973 Speci iil Council Meeting. Mott on carried, fo,jr ayes, MINUTES - JULY 16, 1973 I;EGULAR MEETING itMOTION was made by Councilman Spaeth, secnnded 4 Councilman Neils, to approve the; minutes of the July 16, 1973 Regalar Council Meeting, Potion carried, three ayes, with Councilman Seibold abstaining, 0 BASS LAKE IMPROVEMENT 4SOCIATION Virgil Schneider and Roger Djorlin, representing the Ba:s Lake presented the Council and staff with T-shirts with the Village new Village logo. FOX MEADOWS APARTMENTS - SL3GING OF BERM Improvement Association, logo to help publicize the Don Russ, owner of the Fox Meadows Apartments, appeared before the Council requesting a change 'In his Development Contract which would allots him to seed the berm at the west ed,e of iii,, property rather than sod as called for il, bato the 1T vttopwont Contract and the re- v1se.i site plan. Mr. Russ explained he had two reasons for this request, the first being the expenst of sodding, and secondly, he did not feel it was the typa of area that would adapt itself to sod very well ;,•Imarily because of the lack of water supply in the imine- diate vicinity, icnd certain where there will be heavy washout, He proposed to do this see!dinq of dlfilfa or some ground cover of this type in "he rail and indicated that they would be milirtiining this Lerm full time until that time to correct any washout ;:hat may occur. Mr. Russ was a ireocibl a with the sugge:,ti ;,ns of the Council to sod t,%rtai n areas and mulch the seeding with straw simllur to the process used by the Highway Department. NUMI - Special Council Meeting July 23, 1913 Page Two MOTION was made by Councilman Seibold, seconded by Councilman Neils, directing to prepare a change in the Development Contract that would enable the developer nate sodding'.1n the major portions where there is not much wash and in place to of seeding, but that the developer give assurances that the s:d catch no later Spring. Motion carried, four ayes. ACCESS TO PROPERTY ADJACENT TO I-494 AND HIGHWAY 55 the Manager to elimi- do a job than next The Manager reported on recent discussions with the Harris brothers, owners of the prop- erty at the northwest corner of the subject intersection, who are proposing to develop their site with a restaurant and a Ramada Inn. In the development or their plans) they have requested that an existing access platted immediately adjacent to the south -bound exit ramp of I494 bt allowed fort ingress to their site. The staff indicated to them that' thjs was not in accordance with Village policy and that they would not recommend it as a viable alternative ch a long -t nn basis because of its closeness to the exit ramp from I=494 and the)lack of distance for deceleration, At this point they drought up,tha situ- ation oh the southwest corner of the intersection where the Radisson Inn proposes to build, The Manager pointed ovt\that this is a slightly different situation in that there is a street in existance,th,tre,although Annapolis was never platted and at this; time we do not know how the street Wds Milt, He explained that the question the Council needs to answer with 'respect to ter+ bre-`!.,he,•s request is whether the Council wants o encodrage them to proceed with ,t'Ar.,.r ovioltelopoytr,t providing for ingress only from Highway 55 and what type of policy should be a :yab''tshi:d on the other corner of the'intersection. Previously a policy was estabU iNet: to allow access within 1,000 feet of a highway interchange., Councilman SpaeV :tuned that not only do we have an obligation to provide traffic safety but we al ijo ;ire ot,11 gaged to promote development in the Village, Councilman Seibold pointed otlt %that .knoapol i s lane is a problem now, and if it is not platted he would like to see it closed right nav, High density uses on that corner will really make 1t a bottle- neck io thi future, He stated he believed we will have the same problem with the Harris proparty 6nd,could not seg: where prohibiting that ingress'would hamper the development of that area because they do have good visibility from both highways, Councilman Neils stated that where the Village has the opportunity to correct a situation in the platting process we ham the responsibility to do so, Mayor,'Hilde quRstioned the Council whether they felt obligated to answer the question the same for both properties. Councilman Seibold stated he did not feel this was necessary as pith one should be handled as it comes before the Council. We may have to live with Ann,aapolis Lane as it is an Improved read, but that is no justification for creating another heiard on the opposite corner. CoUncilren Spaeth sated he felt both situations to be identical, Mayor Hilde poin! Special Council ting July 23; 1973 Page Three Attorney Orriwz pointed out there./ oul d be 1 egal, rami ficati ons if both properties are not, treated alike es they presently, ppear to have all the appearance of being very similar. If we are not going to treat each alike, careful attention shoild-be taken to the reasons why. He suggested approaching both deve'opers'with the int nt.of 'tiosing both access points as the initial bargi iningpos,i tion. He explained that the 'VITIage oJoet have /the power to take a number, of, steps to co trot traffic. He stated it would appezr Annapolis Lane would have to have a legal; vacAtic to'close it because 1t has been used as a public street for a number of years. The Vilyage could take steps to change the flow of traffic on Annapolis. Mayor Hi l de ques ti on4d the attorney if in the platting of the Harris property the Village has the right to rem ve thi access without condemnation. Attorney Drawz stated he be- lieved the)Village coAld have a case because the access point is so close to the I=494 exit ramp. NOTION was made by Covhcllman Spaeth, seconded by Councilman Neils, directing the Manager to: (1)'-`A nves ti gate d0' total legal responsibility and rights in the, case of both proper- ties; (2) proceed to stt down with both developers with the idea of negotiating with them in a strong manner to *move the access at both these locAtions to tht extent possible; and (3) take advantage tff this opportunity to prod, the Hijhway-Depart*nt once again to notify them that development is pending on at least two or three corners of this inter section and tell them i) they want right-af-way now is the time to buy it. Motion carried, four ayes. TION - The developers of Wood Creek requested Council consideration of an adjustment ohtheir sanitary sewer and water lateral assessments levied against their property. The,property was U sessed water and.sanitary sewer lateral charges along East ?Wicine lake Boulevard for a distance of 800 feet. During recent special assessment reviews the Council deter- mined that in those instances where platted land had been assessed for lateral behefit,) which because of subsequent development of land failed to provide such benefit that assess -i ment should be rebated. NOTION was made by Councilman Spaeth, seconded,by Councilman Seibold, to adopt RESOLUTION NO. 73493, A RESOLUTION RESCIND- ING THE SANITARY SEWER LATERAL ASSESSMENTS LEVIED AGAINST PLAT 43724, PARCEL 2580, BY LEVY 0509E IN THE AMOUNT OF =126000.0011 AND THE WATER LATERAL ASSESSMENTS LEVIED BY LEVY,05091 IN THE AMOUNT CF $4,400.00. Motion carried on a Roll Call vote, three ayes, with Councilman Neils voting nay. PETITION RESOLUTION N0. 73-293 IMPROVEMENTS PRO' CT N0. 306 betpetition was received from Programmed Land, weentheChi ego orthwesternailrooadtrcorcksand1632or improvements feeetnproposed eeXuLane t southterofofthesame nature as those contemplated for the area to the north of the tracks under Project No. 301. It was their intent to be included with the project to the north to take advantage of the larger project costs. Special,;Council Meeting Ju13r 23; 1973. Page Four 0 i a i NOTION was made byCount"man-spaeth, seconded by Councilman RESOLUTION NO. 73-294 Neils, to adopt.pr.SCLUTION N0. 73-2949 A RESOLUTION DECLARING THE ADEO,!AC't-0E-THE PETITION FOR IMPROVEMENTS ON XENIUM LANE 1 "cv"FET SOUTH OF THE CHICAGO -NORTHWESTERN RAILROAD TRACKS AND ORDERING A PRELIMINARY'REPORT FROM THE CONSULTING ENGINEERS 011°SAID IMPROVEMENTS. Notion carried on a Roll Call vote, four ayes. The staff suggested that the plans and specifications for Project No. 30! be approved along with advertisement for bids to be opened on August 24 and considered,by the Council on August 27 so that construction can begin' Ltiis Fall., The Council felt it woul-d be Wm vantageous to proceed with the public hearing on the petition of Programmed Land'. Inc. so that -the two projects could be bid together if possible. The Engineer advis6d that the Village can -take bids on this new project prior to'the iublic hearing, He stated he believed 'that there would be enough time for the Consultingg engineer to come uF' with plans and specifications to be included -as an alternate to the plans,for Project No. 301.and that these could be deleted at the public hearing if the project was not ordered. NOTION was made by Councilman Seibold, seconded by Codnciiman RESOLUTION NO., 73 295 Spaeth, to adopt RESOLUTION NO, 73-295. A RESOLUTION ORDERING A PUBLIC HEARING TO BE HELD ON THE PETITION OF PROGRAMnD LAND. INC. ON AUGUST 27, 1673 AND ORDERING THE PREPARATIGH,OF 71NAL PLANS AND SPECIFICATIONS AND THE ADVERTISEMENT FOR'BIOS. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 73496, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT N0, 301 AND OI;DERING THE ADVERTISEMENT FOR SIDS TO BE OPENED ON AUGUST 246 &473 AT 10:00 A.M. FOR COUNCIL CONSIDERATION ON AUGUST 27, 1973. Notion carried on a Roll Call vote, four ayes. AMENDMENT TO PARK ORDINANCE ON 0 1 RESOLUTION NO' 73496 PROJECT N0. 301 - APPROVAL ofOFPLANS6SPECIFICATIONS 8 ORDERING ADY',ERTISEMENT FOR BIOS At the previous Council meeting there was discussion regarding the problems that are being experienced in the Medicine Lake parks. The staff presented to the Council a proposed ordinance revision which would make it a misdemeanor to possess or consume any intoxicating or non -intoxicating liquor,iri anly park or parkland area of the Village, It Vas felt this ordinance is too prohibitive in some instances but that iwmediate steps must bs taken to eliminate the current problem. Further s'1,u0y will be given to refinement of the o0di nance. MOTION was made by Councilman Neils, seconded by Councilman ORDINANCE NO, 7_ 3-15 Spaeth, to adopt ORDINANCE N0, 73-15, AN ORDINANCE AMENDING CHAPTER V OF THE VILLAGE CODE BY ADDING A NEW SECTION (1.27) PROHIBITING THE POSSESSION OR CONSUMPTION OF INTOXICATING LIQUOR OR 1\'ONkaINTOXICATING LIQUOR IN ANY VILLAGE PARK OR PARK- LAND AREA Motion carri•,d on a Roll Call vote, four ayes. 0 O - ell, S"*cfal: _Counci 1 Meeti ng " ` s July 23 X973 = -_ Page Five VACANCIES 'W PLANNING COMMISSION J' The Councilr viewed the vacancies created on the Pl amtng Commission by the resignation ;1 of Chairman J m Wahl and Marren Chapman, The Council agreed-to move Delano Eri:kson from his at-large position to replace Commissioner Chapman representing Di$trict 03. Council- man Neils,was instructed to arrange for interyli,M of candidates for these two vacancies at 6:30 pin:\: on August 13. l n FISCAL DISPARITIES ACT At the July., 16 Council meeting the Manager was instructed to contact the Village of Burnsville to offer whatever assistance they required in their action on tte Fiscal Dis- parities Act, The Manager reported they are informally,seaking support from other comm munities to help defray the costs of this effort. MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION N0,, 7340297 Seibold, to adopt RESOLUTION N0. 73-297, A RESOLUTION AUTHOR- IZING THE JOINING IWMITH THE OTHER COMMUNITIES AND SUPPORT TO THEM THROUGH THE CONTRIBUTION OF $19000 TO SUPPORT THE LITI- GATION ON THE FISCAL DISPARITIES ACT. Motion carried on a Roll Call vote, four ayes. 1974 BUDGET AND SPECIAL ASSESSMENT HEARING CALENDAR The Council reviewed the schedule of meetings for thv coming three months.: Mon. August 6 - Regular meeting (7:30 p.m.) Mon. August 13 - Interview Planning Commission rpplicants (6,rW o.m.) Review Priorities and Objectives for '74 Ffiscal year (] 5: 30 p.m.) Mon. August 20 = Regular meeting (7:30 p.m.) proposed Budget to Council Mon. August 27 - Review Audit (7;30 p.m.) Tues. September 4 m Regular meeting b review Budget (7:30 p.m.) Mon. September 10 - Assessment Hearing No. 1 (7:30 p.m.) Review Budget Mon. September 17 - Regular meeting (7:30 p.m.) Mon. October 1 - Regular meeting b Budget Hearing (1:4 p.m.) Tues. October 2 - Assessment Hearing No. 2 (7:30 p.m.) Tues. October 9 - Special meeting to adopt Budget and certify levy unless this-can be taken care of on October 2 (7:30 p.m.) Mon. October 15 - Regular meetin (7:30 p.m.) Mon. October 29 - Study session 7:30 p.m.) It was suggested that a hearing on the Vicksburg Lane improl ements be included with Assess- ment Hearing No. 1 on September 10 if it is ready. Special Council Neeting July 23, 1973 Page Six ° 0 o ATION PROJECTIONS The Council reviewed the population projections for the Village received from the Metro mlitan Council. Concern vas expressed over. the fact that theipopulation figures appear- ed to °be 1 owand that this could effect the- `V i l l age in attracting development and also in utters such as`metro sewers, mass transit. etc. It was suggested that the staff provide the Metropolitan Council with same statistics of new plats, schedules for construction,, and number of apartment buildings being built in -an attempt ti3 get them to re-evaluate theii projections. NOTION was made by Councilman Seibold,; seconded by Councilman Neils, directing the staff to develop some facts and request "that the Metropolitan Cotmc11 re-evallua`te our population projections. Motion carried, four ayes. J 1 1973 ADMINISTRATIVE PROJECTS Mayor Hilde suggested that a new procedure be developed for keeping track of projects. The staff was directed to prepare a loose-leaf notebook so that as projects are added during the year they can be inserted in the book. The Council reviewed the status of the 1971 Administrative Projects: Manager: Cleanup of Village: the Manager reported the Cleanup program was moving ahead quite effectively. 6 or 7 neighborhoods participated in the neighborhood cleanup program;, and through the hiring of some summer you-th through the State all the major thorough- fares in the Village have been picked up and the first phase of the'junk car program isicompleted. A walk around Medicine lake is planned in August. Councilman Neils indicated he felt the program should be implemented earlier in future years and that greater attention should be given to the provision in the ordinance requiring grading. He suggested that it should be specifically stated in development contracts that at the end of the construction season all unbuilt lots be graded to the extent that it is reasonable to mow them. Post Office: Plymouth residents are now able to use "Plymouth" as their mailing ad= dress along with the corresponding tip code. Post office requirements for our area are being reviewed by the Post Office at this time in view of the limited space in Wayzata. It was concluded that a meeting should be arranged with Post Office repre- sentatives to pursue the possibility of &.:Plymouth Post Office Water Safety Ordln3nce: It was decided to prove this project to the first half of 1974. Engineer and Attorney Agreements: The contract for the consulting engineers has been approved, and it was not felt that a contract 1s necessary for the attorney. bepartmental Priorities for Next Year: Will be discussed August 13, Policy Manual: Completed. U i Spe ial Council Meeting, July 23, 1973 " Page , ,Seven f Pooplemoriented Services: The Manager reported this is a training program which in - wolves an on-going effort, He was asked to make more effort on this and report back in September. Vi i l age logo: Completed ; Development Contract Format:,The tools necessary to correct the problems experienced tave beery implemented, in the dVveloppnent contract format, Councilman Neils suggestw that parties entering into contiracts'with the Village be advised that the Village in- tenes to enforce these provisions in the future, Policy on Right -of -Way for Count;y\ 1State and Vi-ilage Streets: Completed, 1. Park Dedication for Subdiyision Variances: -COmpi tee. SuiAivisiqn Guidelines: Thoroughfare Alignmentsi Own fetedP Completed i n',areas Aere., 'this al 1 gnment can be 1 denti fi ed. Ad Valorem for Temporary Funding of Storm Sewers: of the Storm Sewer Plan, Er, ineer: 0 Will be incorporated in the financing` Evaluation of Assessment Po'iciest 1ht Manaotr indicated sections a and b qre cwpleted,, With reference to the method of enforcing connecta ons it was agreed to let this go as there did not appear to be any advantage to enfolrcing this 1n view of the fart Lhat the Village 1s collecting minimum billing from these people. The effects on the Sinking Fund will be studied along with the 5ryear plan, Proiect Records Requirenw ts: Under way and will be due 1n December, In-house Preparation of Assessment Rolls: The Manager reported the staff will be able to do this on new projects such as those discussed at this meeting, Deferred Assessments: The Manager indicated most of the work has been completed, There has been u delay because some of the developers have requested more information. The Council indicated they wished this resolved as soon as possible. Public Utility Regulations: Deadline moved to August 31. 1973, Engineerimg Requirements: Completed, Finance: Evaluate Contingency Portion on Projects: The Manager indicated this is an on-going project but that we should have a good idea of this information following the completion of the projects presently under construction, Planner: Weed Control and Preservation of Topsoil: The weed control ordinance is completed. The regule'lons on preservation of existing topsoil will be included in the new Zoning Ordinance and Subdivision Regulations to be completed this Fall, S ` ial Caunc l Mketing 4ul 23, 197 Page""Eight Plan Drain for fire rtm t: plan drawings have been obtained on new projects C04009 ,din. g p ;. Construction Code: I Recommendations will, be cupleted sometime in August or Septemb . Revised Zoning Ordinance: The Septwher dea4l i ne maty not be met due to the vacancies on tie `Planninig Comission. 1 7- LAMCON Project,., Thea are some arcIs that will probably have to to condomjPpy90 , nat. on. Vf,,lage Development Guide: It will probably be Spring, 1974 before this 1s completed. Parks;& Recreation: Trails: The Manager reported on recent negotiations with the City of Minneapolis for grail easements across the -Workhouse property. Counci l :, Storm Sewer Plan: Completed, Land Use Guide Plan: Completed, Councllman Neils suggested that a water project,for the east side of the Village be con- sidered for the next year because of recent development In that area. The Manager reported that our EPA grant application is fourth on the priority list. There will be a delay because the EPA is revising their guidelines, and in the future most of the money will probably be spent on treatment plants ratl er than pipe projects. Mayor Hilde asked for and was given a commitment from the Council to spend some money to pursue this application.. _ Mayor Hilde Questioned the status of the two storm'sewer projects on the 1973 construction program list. It was reported that some ditch work has been done in the Oakview Lane - 26th Avenue area which has solved the iMdiate problem and that th,i Alden Acres area has been done as a maintenance project. Councilman Seibold brought to the Council's attention the problem of ice cream venders in neighborhoods of the Village and that they are in violation of several traffic laws. A Muria was made by Councilman Spaeth. seconded by Councilman Neils. directing the staff to look into this problem and suggest means by which we can regulate them. Notion carried, four ayes. (Amended 8/6/73) Mayor Hilde adjourned the meeting at 11:45 p.m. I Sandra L; Haugen Village Clerk N 6 0