HomeMy WebLinkAboutCity Council Minutes 07-23-1973 SpecialI
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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
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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,
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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.
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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
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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
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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.
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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.
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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 °
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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.
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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.
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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,
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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:
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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
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