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Home My WebLink AboutCity Council Minutes 02-25-1974 SpecialPage 61 n MINUTES SPECIAL COUNCIL MEETING February 25, 1974 A special meeting of the Plymouth City Council was called to order by Mayor Hilde at 7:35 P. M. in the Council Chambers of the Public,Works Building, 14900 Twenty- thi rd, Avenue North, Plymouth, on February 25. 1974. PRESENT: Mayor Hilde, Councilmen Neil' s. Hunt and Spaeth, Manager Willis, Planner Overhiser-. Engineer Goldberg and Attorney Lefler ABSENT: Councilman Seibold (on vacation) PUBLIC HEARINGS Manager Willis explained that a Public Hearing had been called for the purpose rf the Council's consideration to granting an On -Sale Liquor License to the Radisson Hotel Corporation to be used in conjunction with their Radisson Motor Inn and Restaurant, The City has issued one On-S%L.e Liquor License previously (Cyrano's Restaurant), and according to population the Couqicil may issue up to 12 such licenses, If issued. this license will be for the period February 25, 1974 through January 31, 1975, The Petitioner has met all requirements of the code of the City or Plymouth, The Public Hearin§ was opened at 7:45 P. M. Mr, Robert Berkwitt, Attorney for Carlson Company and R7disson Hotel Corporation, indicated that he had plans with him illus- trating the Japanese style restaurant they were anticipating if anyone desired to look at them, Mr. Berkwitt also indicated he hoped the Ci tie of P1yniouth would approve of Sunday opening sometime in the near future The Public Hearing was closed at 7:50 P. M, MOTION was made by Councilman Spaeth, seconded by Council- man Hunt, to adopt RESOLUTION N0, 74-97. A RESOLUTION APPROVING THE ISSUANCE OF AN ON -SALE INTOXICATING LIQUOR LICENSE TO THE RADISSON HOTEL CORPORATION, Motion carried on a Roll Call vote, four ayes, The connection of 34th Avenue between Pilgrim Lane and Kilmer Lane would be provided for by this project, Sewer and water utilities are in place and this street construc- tion is needed to provide for a better circulation pattern in the area. Proposal is for a standard 7 -ton 61- ON -SALE LIQUOR LICENSE FOR RADISSON HOTEL Item 4-A RESOLUTION N0, 74-97 PROJECT N0, 408 - 34th Avenue betweon Kilmer Lane and Pilgrim Lane Item 4-B r 0 Special Council Meeting February 25, 1574 Page 62 design, asphalt coni*ruction with concrete curb and gutter. Width of roadway will be, 32 feet face-to-face of curb, which conforms to the existing width,, This is shown as a collector stt*et on the City's Thoroughfare Guide Plan, Estimated cost of this entire project is $30,495, which includes $2.508 for providing uvility services to the property on the south sidea of 34th Avenue and would be assessed against that property. Estimated cost per foot of this project is $21.50. Public Hearing was cpened at 7:55 P, hi. Mr. Jim Dols, Village Square Apartments, questioned whether or not the City had determined that this is, assessable to the school property and Attorney Lefler indicated it was. Mr. Dols was also concerned about getting service to his property and it was suggested he contact the Staff regarding this. The Public Hearing was closed at 8:00 P. Pel, MOTION was made by Councilman Neils, secpnded by Council- man Hunt, to adopt RESOLUTION NO. 74-986 A RESOLUTION CROERING PROJECT N0, 408 AND DIRECTING PREPARATION OF THE F;NAL PLANS AND SPECIFICATIONS. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 7448 With this Proposed project, the missing sidewalk link PROJECT NO. 409 - between the west eight -of -way line of County Road 18 Sidewalks 36th Avenue acid the east line of Tiburon Addition would be completed. N, fmm County Road 18 This project would provide for the construction of a five- to Pilgrim Lane foot wide concrete sidewalk 4" thick, connecting the Item 4-C existing sidewalk at County Road i8 and at the east line of Tiburon. The estimated cost of this Improvement is 12,978, which includes necessary restoration work such as soJding and seeding, and it is proposed to assess these costs against approximately 1590 feet of assessable footage thereby making the estimated cost $8.16 per foot. Public Hearing opened at 8:05 P. M. It was determined that all interested citizens had 'been properly notified of this Public Hearing and since no one was present, the Public Hearing was closed. MOTION was made b, Councilman Neil,, seconded by C6uncil- RESOLUTION NO. 74-99 man Hunt, to adopt RESOLUTION NO, 74-99, A RESOLUTION ORDERING PROJECT 10, 409 AND DIRECTING PREPARATION OF THE FINAL PLANS AND S'ECIFICATIONS, Motion carr'led on a Roll Call vote, four ayes, MINUTES Mayor Hilde indicated the word "No" should appear at the REGULAR MEFT b%G beginning of the first of four cri teri A di scus5ed on page February 11, 1974 63 (third paragraph), making the criteria rec 3 (1) No I tem 5 reed of i big, fast road, 62 - i C N \I Special Council, Meeting February 25, 19T4 Page 63 MOTION was made by'tc. nci lman Neils, seconded by Mayor Hi 1 de, to approve the minutes, as amended, of ' the February 111, 1974 regular Council mEeting. Notion carried, two eyes, Councilmen Hunt and Spaeth abstaining. ti PETITIONS, REQUESTS b CO*UNICATIONS A report has been prepared by Bonestroo, Rosene, Anderlik tend Associates. Inc. with reference to improvement of Nathan, Lane between `0th Avenue and 13th Avenue by the corstruction of a 9 -ton bituminous street with concrete curb and gutte-, storm sewer facilities and all necessary appurtenances. Estimated cost of this improvement is 91,940 and would be assessable according to recently adopted Street Assessment Policy. Estimated cost per front foot is $26.24, MOTION was made by Councilman Spaeth, seconded by Council- man Neils, to adopt' RESOLUTION NO. 74-100, A RESOLUTION RECEIVING THE PRELIMINARY REPORT ON PROJECT NO, 404 AT AN ES IMAYED TOTAI. COST OF $91,940.00 AND ORDERING A PUBLIC HEARING TU BE HELD ON MARCH 11, 1974 AT 7:30 P. M. IN THE COUNCIL CHAMBERS, Motion cdrri ed on a Roll Call vote, four ayes. Report has been prepared by Fonestroo, Rosene, Anderlik and Associates, Inc,, with reference to the improvement of 10th Avenue betwr:en N90an Lane and County Road 18 by the constriction of a 9 -ton bituminous street with concrete curb and gutter, storm sewer fa,:i 1 i ties and necessary appurtentince.... Estimated cost of this improve- ment is $44,795, as:essable at an estintated $21.72 per foot according to the new Streex Assessment Policy. This project would be in conjunction with Project 404, MOTION was made by Councilman Spaeth, seconded by Council- mv, Plei ks, to adopt RESOLUTION NO, 74-101 , A RESOLUTION RECEIVING TIDE PRELrMINARY REP01T ON PROJECT NO, 405 AT AN E.;TIMATED TOTAL COST OF $44,795.00 AND ORDERING A PUBLIC; HEARING TO BE HELD ON MARCH 11, 1974 AT 7:30 P. M. IN THE COUNCIL CHAMBERS, Motion carried on a Roll Call vote, four ayes, The report preoart.d by knest;•oo, Rosene, Anderlik and Associates, Inc, with reference to th•• improvement of Storm Drainage District BC -42 was revi et ped by the Council, This improvement will be construction of storm drainage pipes and all necessary appurte tances ac an estimated cost of $33,710 asse:,sal,,le to abutting property, at 1,7t per sq, foot, Mr, Clayton 2iebarth, .1715 Sycamore Lame North, representing Creekwood Heights Hama Owners Association, questioned whether 63- PROJECT 404 - NATHAN LANE Item 6-A RESOLUTION NO, 74-100 PROJECT 405 - 10TH AVENUE Item 6-B RESOLUTION NO. 74-101 PROJECT 406 HEIGHTS STORM Item 6-C CREEKWOOD SEWER DISTRICT Special Council Meeting' s February 25, 1974 Page 64 or not this improvement was requested by citizens of the area, and the Manager indicated he had received numerous telephone calls regarding problems in the area from citi- zens during the last two years. I , MOTION was made by Councilman Spaeth6 seconded by'Council- man Neils, to adopt RESOLUTION N0. 74-1029 A RE.'SOLUTION RECEIVING THE PRELIMINARY REPORT ON PROJECT N0. 406 AT AN ESTIMATED TOTAL COST OF $130710.00 ANO'ORDERING'A PUBLIC HEARING TO BE HELD ON MARCH,11, 1974 AT 7:30 P. M. IN THE COUNCIL CHAMBERS. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 74-102 i Report was received from Bonestroo, Rosune, Anderl i k and PROJECT 407 - 25TH Associates, Inc. with reference to, the improvement of AVENUE 25th Avenue between Magnolia Lane,and approxiipately 1150 Item 6-Q feet west thereof by the construction of bituminous street and necessary appurtenances. Estimated cost of this project is $27,020. MOTION was made by Councilman Spaeth, seconded by Council- RESOLUTION NO. 74-103 man Neils, to adopt RESOLD"i`ION N0. 744036 A RESOLUTION RECEIVING THE PRELIMINARY REPORT ON PROJECT NO. 407 AT AN ESTIMATED TOTAL COST OF $21,020.00 AND ORDERING A PUBLIC HEARING TO BE HELD ON MARCH 11, 1974 AT 7;30 P. M. IN THE COUNCIL CHAMBERS., Motion carried on a Roll Call vote, j four ayes. 1 After a general discussion of the feasibility of the possi- ble improvement of 24th Avenue at the time of the 25th Avenue Improvement, MOTION was made by Councilman Neils, seconded by Councilman Hunt, directing the Staff to prepare a oreliminary report for the improvement of 24th Avenue to be combined with the improvement of 25th Avenue for bid purposes. Motion failed, Councilman Neils voting aye, Mayor Hilde and Councilmen Hunt and Spaeth voting nay. REPORTS BY OFFICERS, BOARDS b COMMITTEES r Manager Willis reported that he had received correspondence from the City Attorney concerning violations of the City Code by Center Liquors, located at 11331 Highway 55. Violations occurred February 17, 1973 and June 26, 1973 pertaining to Section 4.5 (c) that "no liquor shall be sold to any minor". It was also indicated the Council could hold a hearing regarding the violation and the license could be temporarily suspended. The correspondence received from the City Attorney indicated the last violation occurred when his clerk accepted a falsified ID card from a minor, The Judge in proceedings of this case has continued the case for a period of six months, until September 12, 1974, and if there are no further complaints against Mr. Lee, the case will be dismissed, 64 - 0 PLYMOUTH CENTER LIQUORS VIOLATION OF CITY CODE Item 7-F Q Spec a ,Counc, yet ng Februar,t,, 25. 1974 ' Page 6S ' Mr. Arlo Lee. owner of Plymouth Center Liquors, was present " at the meeting and indicated hts willingness to meet at any time with the Council to discuss the problem. Mr. Lee also mentioned that the clerk involved had been fired immediately,' and he does have a training program for all employees. Only two forms of identification are legally acceptable and all his employees are aware of what these look like. Mr. Lee said his business was too valuable to take a chance on losing it because'of a 6 -pack of beer sale and he would not tolerate such a;thing, MOTION was made by Councilman Hunt. seconded by Councilman Neils, that we accept the report of the Staff, Motion carried, four ayes. Councilman Spaeth indicated this report should be made a permanent record of the Police Department, which the Manager assured him was the case. April B. 1974 has been set aside for public hearing on various assessment rolls. The Staff has presented a breakdown of these projects. Councilman Hunt stepped down from=ihe table during the discussion of Project 107 -Vicksburg Lane Street Improve- ment. Cost of this project will be assessed to the City of Minneapolis and BanCon Corporation, Mayor Hilde questioned his thinking in that we would receive some state aid on this project, but it was pointed out that once the project is approved., state aid cannot be applied. It was felt that that portion along Weston Lane should, however, receive help as the property owners do not benefit and cannot be assessed and it is unreasonable to assume the City of Minneapolis or BanCon should be assessed for that portion. Mayor Hilde appointed Councilmen Spaeth and Neils to act as the Council representatives to review the assessment rolls prior to the Public Hearing which is shceduled for April 8, 1974. Manager Willis submitted a schedule of various projects -- some of which are carry-overs from 1@,73--for action during the first quirter of 1974. The Manager also submitted suggestions for possible Ordinance revisions in the near future, such as dogs, horses, trapping, dead and/or diseased trees and the Building Code. The last lection of the Manager's report related to administrative projects from 1973 which were anticipated would be completed or worked on during 1974, Mayor Hilde indicated that he had been invited by School District 0281 to have lunch with Astroneut,Mattingly and 65 ,& 0 SPECIAL ASSESSMENTS Item 7=A CALENDAR REVIEW - WORK SCHEDULE FOR 1974 Item 7-B Sped at Coulictl Meeti ng February 25,' 974 Page of 6 and others f r n NASA: This w s with regard Lo School District 0261's program "Bringing Space'Down to Earth": One af Com- mander Mattingly's comments was that he felt the benefits of the sidice program is going to help people 6a0ticularly' in the safety features that were developed. The Mayor also-indi= cath the space. group would be meeting with our,Plymcwth Fire Depaiebent this next Wednesday, ano 601 ted Couhci l and press to atte uu'Af possible. Capt., Olson from ifia,.local National Guard group *is present at this Council meetsfig,to see how his group could help Plymouth and its citiz6\k\ in arty forthcoming projects. It was suggested to Capt. Olson that possibly they`could have a fireworks display on the Fourth of :July on hedicine Lake; could direct traffic at' -the proposed "outdo6'% concert" this summer; various.'pad;\ projects; assist J.C's and Lion's groups in their pm%jects; assisting - in the spring clean-upprogram, etc.\;Mayor Hilda sug- gested that Capt. Olson contact Manager`Ilillis, P.Tanner Overhi ser And Mrs. Helen Seibold, who is 6,ai rwomen of. the Republican Women's Association, for spectflic assign- ments. L IATIONAL GUu RD The Planner has submitted copies of the Proposed Amendm vnt AMENDMENT TO THE to the Zoning Ordinance to Permit Planned Unit Development ZONING ORDINANCE in- all Zoning Districts Except R-0 Open Rasi dente"by Co'nM11. Item 74 ditional Use Permit after Public Hearing to the Council fc r their consideration and possible adoption. The following suggestions hive been made: 1) (Section lc and Page 49) - The words "Landscape Architects" be changed to "Professional Land- scaper". 2) '(Section 1) - Acd'ition of (g): g. Mixture of housing with broad market range to serve persons of as many income levels as practicable. 3) (Page 41) - Change from 20 to 40 acres under Section 3a - Lot Area Regulations. 4) (Page 41) - Change from 25 feet to 35 feet for collector or residential streets under Section 3b - Front, Rear and Side Yard Building Setback Regu'd a ti ors . 5) (Page 42) - Under Section 3d, lot Coverage: It was generally felt that 20S in Residence Districts' and 50% in Non -Residence Districts was too high a percentage of ground area to be occupied by buildings 66- i I' L IATIONAL GUu RD The Planner has submitted copies of the Proposed Amendm vnt AMENDMENT TO THE to the Zoning Ordinance to Permit Planned Unit Development ZONING ORDINANCE in- all Zoning Districts Except R-0 Open Rasi dente"by Co'nM11. Item 74 ditional Use Permit after Public Hearing to the Council fc r their consideration and possible adoption. The following suggestions hive been made: 1) (Section lc and Page 49) - The words "Landscape Architects" be changed to "Professional Land- scaper". 2) '(Section 1) - Acd'ition of (g): g. Mixture of housing with broad market range to serve persons of as many income levels as practicable. 3) (Page 41) - Change from 20 to 40 acres under Section 3a - Lot Area Regulations. 4) (Page 41) - Change from 25 feet to 35 feet for collector or residential streets under Section 3b - Front, Rear and Side Yard Building Setback Regu'd a ti ors . 5) (Page 42) - Under Section 3d, lot Coverage: It was generally felt that 20S in Residence Districts' and 50% in Non -Residence Districts was too high a percentage of ground area to be occupied by buildings 66- i 0 r Ll Special Council Neeting February,t5. 1974 Page 67 Requested Overhiser tobrinin a PUO. g Oxamples , back showing density cq terage 6) (Page 42) - Section 3e - Staging of Development. Felt that saleability of`AevelopmOnt would have a bearing in the second paragraph. 7) (Page 44) - P.U.D. Residential Street Design Standairds. It was felt that 7 ton axle load design for.,both place and minor streets should be required., i 8) (Page 45) - Suggested that all concurrent acts be de- scribed under the general sequence section. 9) (Page 46).ft Item #4 should be changed,'to 30 days rather Amended 3%474 s The Planner was requested to consider these various suggestions and clarify certain points and bring again to Council for consideration. A copy of the Citizens League Newsletter on public transit was submitted to Council for discussion. Mayor Hilde will write a letter in the near future expressing support of the Plymouth City Council on this concept. The Council requested that the Park Commission determine a way of calculating how credits would be given to a develop- , ment. The Parks and Recreation Advisory Commission has con- cluded that credits should not be given to private developers and if they were to be given that it would be almost impos- sible to devise a way of calculating how much the credit would be. The current pol 1 cy of the City s -lutes that up to 25% credit may be granted to a development which providts amenities which significantly reduce the demands on public recreational facilities. It was agreed tiat this be held in abeyance until such time as new guide lines are needed. LICENSES b PERMITS Randall V. Aspplund has purchased Ryan's Ballroom, 11516 County) Roa1+ 010. offecti ve March 1. 1974 and has applied to the Ci , of Plymouth for a license to sell both on and off a Non-Intoxicationg Malt Liquor, plus a license for allowing consumption and display of intoxicating liquor (set-up license). He has submitted all required fees and the applications have been approved by the Police Chieft NOTION was made by Councilman Hunt. seconded by Council- man Neils. to adopt RESOLUTION .iQ. 74-104. A RESOLUTION 10)Page 41 - Item c. Non -rest denti al uses be reduced from the 15% proposed. i7 - I CITIZENS LEAGUE Item 7-D PARK DEDICATION CREDITS Item 7-E LICENSE APPLICATIONS Randall V. Asplund dbe Ryan's Ballroom Item 8-A RE SOL_LTION N0. 74-104 0 v• Sp"i al Counei 1., Meeting February 25, 1974 Page -68 - C3 APPROVING THE APPLICATIONS FOR OFF -SALE NOM*INTOXICATING MALT,, LIQUOR LICE SEj ON -SALE NON--INTOXICATI, MALT LIQUOR LICE¢!.); AND A,SET-UP LICENSE FOR A PEWOO EXPIRING. JUNE 30, 197_/is' Motion carried on a Roll Call vote, four ayes. ' MOTION was made by) Councilman Neils, seconded by Council- man Spaeth, to ;adopt RESOLUTION N0. 74-105, A RESOLttIION APPROVING FORS,?Ax iENT 1HE, DISBURSEMENTS' FROK: THE GENERAL FUNDS, CONSTRUCTION FUND, WATER FUND;.5EKRJUND, SPECIAL ASSESSMENT FUND AND BOND REDEMPTION FUND INJHE TOTAL AMOUNT,OF $4,379,812.08 FOR THE PERIOD ENDING FEBRUARY 22-, 1974, Notion carried on ' a Roll Call }rote, two ayes ,, Councilmen Hunt and Spaeth abstaining. Manager WiTlis indicated he had received the resignation of the City Assessor, Marvin Pul ju, effective the erid , of Fobruary, 1974. MISCELLANEOUS Councilman Neils di scvssed the possibility of the Staff preparing a report regarding population statistics, along with some historical facts. as well as Iow many gas out- iets we have and advise each of the operators what we are doing, what our intentions are and solicit pumping statistics, and to submit such information through our local Fuel Coordinator (Chief Hawkinson) to the County and whatever agency appropriate so that they are made aware that Plymouth has a lot more population per service station now than we possibly had in 1972. MOTION was made by Councilman Neils, seconded by Council- man Hunt, to direct the Staff to prepare such an informa- tional report and analysis and an appropriate resolution for Council's approval and for forwarding to appropriate energy allocation agencies. Motion carried, four ayes,, Meeting was adjourned by Mayor Hilde at 11:55 P. M, o0 DISBURSEMENTS -'PERIOD ENDING ORUARY 92, 1974 Item 9-A RESOLUTION NO. 74--145 RESIGNATION , OF ASSESSOR J , City Clerk i I I