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Home My WebLink AboutCity Council Minutes 07-01-1974L'J Page 2dZ V IF7 I MINUTES REGULAR MXCIL. FETING I July 1,\1974 A regular meting of the Plymouth City Council was called ' to order bj, Mayor H1 lde at 7:30 P.M, in the Council Chambers of; the Pub11 Works Building. 141,00 Twenty- third Avanue North, Plymouth ,, on July,, 1, 1974; PRESS -K:, ' Mayor Hi lde, Councilmen Hunt, Seibold O'd, Spr lth; Manager **lis, Engineer Goldberg, Attorney Draw=, Deputy City Clerk Rolnick, ABSL'N1 Councilman Neils (on vacation). MINS. MOTION was made by Councilmen,Hunt, secon led by Councilman MIMES - SPECIA 4aetht to approve the minutes of the Jun 24 SPecial Council; COUNCIL lEETIkS meeting. Motion 4orried, three ayes. C uncilmao Seibold JUNE 24, 1974 abstalhed. Item 4 PUBLIC'HEARING The City is 1n receipt of a petition from Metram Properties VACATION OF CSAR N0. 9 for thh vacation of 1d County Road 9 rjght-o -way west of RIGHT -OF -MAY Lancaster Lane and the portion of L4ncaoter Lane right-of•Waiy Itan 5 south of old County Road 9 right-ofv"way!. Staff contacted the Heniep n County Hi gh%*V Departeant pnd !the- utility companies. ani found no objection other than the pecessity to have ease- ment rights maintai let on their behalf( I Councilman Hunt asked ,i f arraligements could be made re bermi!ng, etc., oither in a Dene\opment`Controct or through some other agreement with Metram Pmperties, Engineer Goldberg said that It could be discussed w,' th the petitioner, Moygr Milde opened the public hearing at 7:45 P.M. No one chose to Opesk, and the public' hearing watt closed at 7;46 P%M, MOTION was made by Counc"Iman Hunt, seconded by Councilman Seibold, to of rect the staff to rj'search with Metrare Properties on thf. exchange for the two parcels of land, to see ghat :ou'd,be done ilo terms of excess d1rt for creating a berm; and further, to fftserch the arrO-ts the street, also in terms of creating the beroi. MOTION was Rade by Mayor R11de, seconded by 4ouacilman Spaeth, to 4mmnd the motion by fur+,;her directing the staff to attempt to bring the dispute over Jhe Metram water bill to settlement. Motion to amend carried, f, it ayes. Main motion, as amended, ca11ried, four ayes. 0 a A regular meting of the Plymouth City Council was called ' to order bj, Mayor H1 lde at 7:30 P.M, in the Council Chambers of; the Pub11 Works Building. 141,00 Twenty- third Avanue North, Plymouth ,, on July,, 1, 1974; PRESS -K:, ' Mayor Hi lde, Councilmen Hunt, Seibold O'd, Spr lth; Manager **lis, Engineer Goldberg, Attorney Draw=, Deputy City Clerk Rolnick, ABSL'N1 Councilman Neils (on vacation). MINS. MOTION was made by Councilmen,Hunt, secon led by Councilman MIMES - SPECIA 4aetht to approve the minutes of the Jun 24 SPecial Council; COUNCIL lEETIkS meeting. Motion 4orried, three ayes. C uncilmao Seibold JUNE 24, 1974 abstalhed. Item 4 PUBLIC'HEARING The City is 1n receipt of a petition from Metram Properties VACATION OF CSAR N0. 9 for thh vacation of 1d County Road 9 rjght-o -way west of RIGHT -OF -MAY Lancaster Lane and the portion of L4ncaoter Lane right-of•Waiy Itan 5 south of old County Road 9 right-ofv"way!. Staff contacted the Heniep n County Hi gh%*V Departeant pnd !the- utility companies. ani found no objection other than the pecessity to have ease- ment rights maintai let on their behalf( I Councilman Hunt asked ,i f arraligements could be made re bermi!ng, etc., oither in a Dene\opment`Controct or through some other agreement with Metram Pmperties, Engineer Goldberg said that It could be discussed w,' th the petitioner, Moygr Milde opened the public hearing at 7:45 P.M. No one chose to Opesk, and the public' hearing watt closed at 7;46 P%M, MOTION was made by Counc"Iman Hunt, seconded by Councilman Seibold, to of rect the staff to rj'search with Metrare Properties on thf. exchange for the two parcels of land, to see ghat :ou'd,be done ilo terms of excess d1rt for creating a berm; and further, to fftserch the arrO-ts the street, also in terms of creating the beroi. MOTION was Rade by Mayor R11de, seconded by 4ouacilman Spaeth, to 4mmnd the motion by fur+,;her directing the staff to attempt to bring the dispute over Jhe Metram water bill to settlement. Motion to amend carried, f, it ayes. Main motion, as amended, ca11ried, four ayes. I flaolulw uncil Meeting J AX,1. 74 ig4 203 PETITIONS REQUESTS AND COMMUNICATIO iS Now It was the recommendation of the Bui ding Inspectgr that the JOHN AsfMILLER - request of John A. Miller for lot di ision +or single family LOT DIVISION residence in an R4,01strict be app vet#, Item 64 MOTION was made by Counc19man Hunt. slconded by Councilan RESOLUTION NO. 74-312 Spaeth, to adept RESOLUTiO Y NO, 74-31A RESOLUTION APPROVING THE REQUEST OF JOHN A. MILLER FOR SUB]VISION OF PARCEL 2800, SECTION 23. TOWNSHIP 118, Range 22. 01hn MIler.' petitioner. 3550 France Ave. So., noted for the unci1 that two desirable lots would m4maine n Maxwell, 2630 E. Medicine lake Blvd., Chairman of the Associa- t on of Medicine Lake Area Citizens,, said that he'had not had tine to properly research this particular lot, but asked that th t Council be cautious, as a matter of general poli car, rd. lots A° ch maybe created. through dredging or filling, Hi s concern wa for the preservation of +_lids, Mayor Hilde informed, Mr Maxwell that the Council has a policy in this re ard, which can be found in the Storm Drainage Plan, Staff wa directed to forward a copy to Mr. Maxwell, Mr. ItheMiller responded to Mr. Maxwell's cowerts by stating that to , best of his knowledge the property in question had not bee% dredged, and that it was buildable property, D. R. Leatherman, who Intends to purchase the lot at 11810 No. 28th Avenue, said that tes s had been run on the land. and Dore out Mr. Killer's statements.,' I Motion to adopt Resolution No. 74412 carried on a roll call votq, four ayes, MltifIl was made by Councilman Hunt, seconded by Councilman Seib)ld. to adopt RESOLUTION N0, 74413, A RESOLUTION SETTING FORT I CONDITIONS TO BE MET PRIOR T4 FILING WITH HENNEPIN COUNTY OF R'SOLUTION N0. 74312, Motion carried on a roll call vote] four ayes, I Coun%ilman Spaeth stepped down from the Council table at 8;00 P.M.. prior to discussion of the Mission Partnership.) Manager Willis explained that at the l,ist appearance of the Mil soli om Partnership before the Cou0ci 1, action had been deferred pendi n j submission of additional information and revision of the Concep ; Pian. Ten items were specifically requested by the Cauncil. The petitioner responded favorably on all of the Items except jthat dealing with density, Mr, Willis also noted that the developer has been meeting with homeown r groups, He naled rocei pt of a resolution passed by the card of Directors of the Association of Medicine Lake Area Ci ti tens, 203- RESOLUTION N0. 74313 MISSION PARTNERSHIP - CONCEPT PLAN APPROVAL Item 6-•G y” jfar°Council Meeting 1, 1974 Page 204 I! e Petitioner reviewed the points refermd frori the past Council meetin . M4yor Hilde expressed sone concern re the number of rental We" units. Although the petitioners' statements 1 ndi cated 40% rented units. Mayor Hi l de felt the plan 1 ncl uded approximately 80% of the type units which could be used for rental 'purposes. Councilmen Hunt and Seibold'said they under- stood the request re rental type unfits to only mean those specifICW h11y rented, as opposed)to those owned. Mayor Hilde asked the petitioners how they could assure the City Wit there would ultimately be 60% owned units. Petitioner stated that at sane further point. they could stipulate which units wouhd be owned and which rented. Manager W011s asked if it 4jul'd be agreeable to put this in a DevelopmKi Contloact, Petitioner said -1t would. Councilman Seibold asked tabout the intended phasing of the JeMopmreht. Petitioner stated the first phase would be single family resl deri6p., ` with sane townhouse dcvelopment. , Councilman Seibold asked about the subsidization shown in the Concept Plan, Petitioner explained that this was consistent with the Plymouth policy re low and moderate intone housing. Petitlom& pointed out agreement between the revised Concept Pl1kn and the City's Thoroughfare Guide Plan and Land Use Guide Plan. Re density. petitioner stated the desirability of having a single developer, but pointed to the economic problems which necessitate the partnership t^ require a higher density level then teat proposed in the Land Use Guide Plan, Council members concurred on the desirability of a single developer. Councilman Seibold informe&pPetltioner, however, that the economics were a consideration for the developer and not the City. He recommended that adherence to the Gulee Plan be maintained. and that the City not be in the position of underwrl t1 ng a private developer's potential losses. Petitioner stated that if increased density were not approved.. it would necessitate selling of 4 ortfons of the property to other developers. Mayor Hilde commented that it was the intent of the PUD Ordinance that density not be a consideration at the Concept Plan stage, because tte numbers could not be accurately determined, and because the credits could not be detarhnlned at this point. He suggested that the Council accept the nine points that there 1s agreement on, aihd that re density, the petitioner be referred to the original direction of the Council, and that th re should be calculation in a finite way as to what that is, uslnq the correct gui del i neg, and a l 1 -the credits the Ordinance provides, to determine final density, at the next step where final 1104lica- tion3 and arithmetic one tlear. 204- F alar aruMci l I eett'n Page 205, \\ NOTION ,was maths' \1y Councilman Seibold, seconded by Counc Tan f Hunt, to adopt: OESOLUTION NO. 74-314, A RFSOLtITION APPROV NG CONCEPT ALAN FOR A RESIDENTIAL PLANNED tiNIT DEVELOPMENT St jNITED BY MISSION P{iRTNERSHIP. 1, „ MOTION was made by l4ayor, Mi1de, seconded by Councilman Hunt, to nd Resolution No. 74-314 by adding the words "and the ap 11cable ordinances and policies that pertain" at the erd of the original, vstrding. Notion to amend carried, three ayes. Motion to adopt Resolution,No. 7443 4, as amended, carried on a roll.call vote, three Ayes. Councilman Spaeth returned to thf Council tabl`o at 9:15 P.M.) REPbus or OFFICERS BOXIDS AN%' CCMITtEE" The City is, 1n receip' of a quest frau `;he Radi son Hotel SUNDAY LIQUOR SALE Corporation for Councz 1 cons7deration to c011iag to election Item 74 re Sunday Liquor Saps. It; was suggested that they Primary Vection would be a apprw.,riate time for placement on the ballot, There was 4vastVn. htmever, If there would be a pol,loary In Plymouth this year. It was felt that i1 would be p-eferable to apprai/,e a renolutlon calling the election for tht,,.September 14 Orimary date at this time, and' if it develops \that there 1s r: local primary,; the resolution Gould be resci ndh In f,ar or of a referendum at the time of the General Elect!an. MOTION was mad,% b* Councilman Hunt, seconded by Cootilman Spaeth, to adopt RE NZQLU710ION N0. 744156 A RESOLUTION CALLING A SPECIAL ELEETI i FOR,SUBMtISSIRN OF THE QUESTION Of SPECIAL LICENSES FOR SUNdAY SALES OF INTOXICATING LIQUOR. Motion carried cin a. roll call vote, four ,.yes. PETITIONS, REQUESTS AND COMMUNICATIONS (coi;td, f RESOLUTION NO, 74415 a It was the request of the Consulting, Planner that this reques%t NELMIARD B. QDFGAARD of Nelmard B. Odegaard to consolidate platted lots (tains 2 LOT CONSOLIDATION and 3. Block 1, Pitnwslk Addition) be approved. Item 6-A MOTION Was made by Councilman Hunt, seconded by Councilman RESOLUTION N4, 74416 Seibold,, to adept RESOLUTION NO., 74.3166 A RESOLUTION APPROVING LOT CONSOLIDATION FOR NELMARD B. ODEGAARD. Motion carried on a roll call vote. four ayes. The City +s in receipt of a letter from Bill Williams ,regvesting PETITION - WILLIAM that he be `oermi tted to build rn Lot 1 of Williams Womis A,idi tion. WOODS -aINSTALOTIO he area dues not have sanitary sewer. It was the retA mmiida- OF LIFT STATION tion of staff that unless Mr. Villiams is agreeable to finknc- OR DRAIN FIELD Ing the costs of alternative drainage systems, the requost Item 64 should e defiled, as 1t would not be desirable to have 0 u1 er Cwnci t 11eeti n July 1, 191;4 Page- 206 , l additional privot4 systems. MW ION was made ,y Councilma)" Hunt, seconded by Countilman Seibold, to defer action. on this'matter and direct the staff to report back on, the present drain field system, how it is working, and if lot 2 could; serve as a drain ff ld for; two houses. Motion cab :led, three ayes. Counciilman Spaeth voted n v. j MOTION was made by Coun llman Hunt, seconded by Councilman Setbold,i BELRAR BUILDERS to adopt RESOLUTION N0, 74-317, A RESOLUTION REVISING DEVELOPMENT 21St AVENUE - REVISW CONTRACT.FOR BELMAR'S INDUSTRIAL PARK TO REFLECT REDUCTION OF STREET OF DEVELOPMENT CONT. WIOTH FOR 21ST AVENUE NORTH TO 40 FEET. Notion carried on a +ull Item 64 Y ca.Tl vote, four ayes. RESOLUT1ION NO. 74417.' The City is in receipt mf a petition and waiver of ;public hearing i RAUENWgT CORP. y from Rauenhorst Corp. f:,r sanitary 'sewer, water main, storm sewer PETITION kR UTI? and street paving t *`'Circle Star Second Additionvi" ? INSLALLATIOR,,IN,' CIRCLE STAR ! MOTION was made by CouncillMn Spaeth, Oseo5ndedA by Councilman Seibold, SECONDADDITION" to adopt RESOLUTION,NO. 3186 A RES LUi!ON CCEP ANG PETITION Item 64 FOR IMPROVEiENT IN `CIRCLE STAR SECOND ADDITION" FROM RAUENHORST itt'SOLUTION 140./74418" CORP.. AND REFERRING FOR WSIBILITY REPORT FROM CONSULTING ENGINEERS. Motion carried oft a roll call vote, four ayes. MOTION was made by Councileaan Spaeth, seconded by Councilman Seibold, BOND OEDUQ40N tdi adopt RESOL01ON NO. 74419, A RESOLUTION REDUCING OND • IMPERIAL IMPERIi %LILLS HILLS SECOND A0%TION. Motion ccrr4d on a roll call vote, four ayes. SECOND ADDIfTXN Ltem 6•F RESOLUTIO'N N0. 74-319 Councilman hunt stepped down from the Council table at 9:35 P.M., prior to disqussioq of Final Flat and gevelopmewit Contract for Chelsea Woods Sixth Addition".) The Planning, Commis ion reviewed the •guest from BanCon, Inc. for Final Plat for "Che sea Woods Si tth AdIli ti on" and recommended approval of same. The City Stif: prep#lred an Addendum to the Developmeot Contract and recommended approval of both, MOT1011' wai, made by Counci man Seibold, seconded by Councilroan Spaeth, to adr ot :RESOLUTICA NO. 74.320, A RE%XION APPROVING FINAL PLAT AND DEVELOPMENT WITRACT MR "CHELSEA WOODS SIXTH ADDITION" • BANCON CORP. Motion curried on a roil call vote, three ayes. Councilman Hunt returned to the Counc+l Chambers at 9:40 P.M.; REPORTS, OFF UFFICERS !I $RDS AND COMMIT EES conte. At the Council meeting 0 May 20, 1974, the staff was directed to develop a mpot t dealing with the upgradi nal of TX, Ft , 101 in the south border of Plymouth to the north border of Pbntiouth, particularly betweon Highway 12 and ;lith Avenue, to include the pros and cons of going either to the Federal Aid Urban Highway System (FAU) or state 206 1. BANCON, INCo • FINAL PLAT & DEVELOPMENT CONTRACT • " RLLSEA WOODS SIXTH ADDITION" Item 6•H RESOLUTION NO, 74w320 T$H, lql Item 74 A AmD C,, R,, 6 W, 0 T ular Coutkcl'.t 41) eting Y " J 1, 1974 i rP!ge 20'7 t l project route, It was the recoRme:.datffan of the City Engineer that 1f improvements %are to be made along T.H,; 1010 that they be donR through a FAU project , Mr. Goldberg submi-.9 edr, a preliminary request for FAU fundlog so as to keep the communlcat;on lines open. It was agreed, that improvement was, heeded, that the rioao will ultimately be a City responsibility, and that it would be best to pursue FAU funding for the larprovement, inc),-t,-ding intersection improvei*nt and roadw4 upgrading, It rias noted than, after ,vont is received re 'fulding, a public informa- tiop fleeting ,w'Cvld be held. NOTION was made by Counci-lmap. Hunt, seconded by GouRrilman apaethf, to accept the staff report of June, ,28." "1974 , and the recon wdations therein, MOTION was :-trade by Councilmen Spaeth. to amend this ;not i of to i ndicety that S,,stem ProJect, was the best mute to four ayes, seconded by Councilman Hunt, olati on #2. Federal Aid Urban go, Motion to amend carried, Main motion, as amended. carried. four ,ayes, MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 74--121, A RESOLUTION ORDERING ADVERTISEMENT FOR BIOS - PROJ::T Nk,.402 a N,E, WATER TRUNK LOOP. Motion carried an a roll call Tote, four ayes, Council acknowledged recei-pt of staff report re deferred charges of the Metropolitan Sewer Board, MOTION was made by Mayor H11de, seconded by Councilman Spaeth, to direct the staff to o-areful iy prepare a resolution directed to the Metropolitar Counal and the Metropolitan Sewer Board wherein we reviest that ,File develop a plan for the payment of dem ferred charie,;, at the Ml A%t possible date, and a better plan for paying for, reserve capacity; said plan developed with local govornment i op,at aced awareness of local' criticism of the SAC plan, Motion carr'eo, four ayes, Mayor Hilde fn orined the '.%ouncil that the City had received an un- authorized 611', from the Sewer, Board, A meeting was subsequently held with re-presentati l e:s of the Ike; tr4waol i tan Council and the Metropol+tati Sew(r Board, A letter will be received rescindinq the billing and zxnlaining the error, A letter will also be sent from the City exl:idining its position, 207- ADVERTISEMENT F0 BIDS - PRDJECT N0, 402 - N,E, WATER TRUNK LOOP Item 7-f RESOLUTION NO, 74-321 MR•n•— METROPOLITAN SEWER BOARD - DEFERRED CHARGES Item 7%D Rt90ar Council, *eting July `I. 1974 Page 208 MOTION was made by Councilman S;aeth, seconded by Councilman Saibold, to adopt ORDINANCE NO, 74-11, AN ORDINANCE AMENDING THE CITY CODE REI.ATING TO LICENS'% AND REGULAT74G THE INSTAL- LATION OF WELLS.j Motion carried cn a roll call vote, four ayes. MOTION was made by Ceunci lmon Spaeth, seconded by Counci 7man Hunt, to adopt ORDIVANCE,NO. 7442, AN ORDINANCE AMENDINo CHAPTER III`, SECTION 7 %^F'THE-CITY CODE RELATING TO DOG'; LICENSING AND CONTROL. Notion carried qn a roll call vote, fo4r ayes, Councilman justed to dogs, Hunt suggested that the license fees for dogs be ad - show identical fees of $3,00 for male and female 0 LOTION was made by Councilman Hunt, Seconded by Councilman Spaeth, to adopt ORDINNICE N0, 74-13,'AN ORDINANCE AMENDING CHAvrER II,"SECTION 16.02 OF THE CITY CODE RELATING TO LICENSE FEES FOR DOGS, Motion i;arrItd on a roll call vote, four ayes, The Council acknowledged receipt of the staff report relative to the Witropolitan Council report on. Metropolitan Develop- ment Frazv%%work, and giving notice of a poblic hearing re same July 18. The Council agreed with th,_' ipprai:al pre- sente,41n the staff report, doted June 27, 1974, Mayor 4i. l de slated that he and Manager Willis were rrraari ng a presentation for the hearing, and asked other Council members to partici pato.. Managrr Willis exploinepi that ruler ind i gulations have now been formulated fnr implementation of the Snade rree Disease Coo°ltrol Law. There has been 11N -re accotnodati i n om the part of Vic State, but the City 'is 4 ti ll responsible for inspection of all trees, " City employee is oa; iiciajatlnq in a training session to enable hin6 to serge as a tree i tispRcto*, Mayor Hilde asked that staff prepare a report on what, needs to be done, and whop and the manner it should he orgaolzed and done, Manager Willis said he would bring in co,npar,i;•-%ns re doing it ourselves or contracting for tho work, Councilman Spaeth vxpresred a concern, apart from disease, re sight visibility, etc. It was also suggested that Plymouth look n. do restricting through ordi nr.ince the planting In ri ghtswofwway, It+ was noted that there: was a invul lrmtent and sel fe:nvolicings 0 great need for active citizer. It was suggested that staff WELL DRILLER LICENSE - ORDINANCE AMENDMENT Item 7-r', ORDINANCE NO, 4-11 DOG ORDINANCE Item 7-F ORDINANCE N0, 74-12 208 " ' OR^INANCE NO, 74 13 METROPOLITAN FRAMEWORK I tem 7 G - DEVELOPMENT SHADE TREE DISEASE CONTROL LAW Item 7-H u a Re ular Council Meeting July ;; 1974• Page '209 I v I \ l J might ; check with the Uni vers i ty of Minnesota -re the c=avai l abi 1 i ty of pamphlets for distribution, LICENSES AND'PERMITS The City has' received a request for a bingo game permit from the West Medicine Lake Community C1 ub, for July 20 and 21. 1974; MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to ' approve"the request by. the West Med, cine Lake Conew,nity Club to conduct a bingo game July 20 and 215, 1974. Motion carried, four ayes. MOTION was made by Councilman Seibold, seconded by Councilman Hunt, to adopt RESOLUTION N0, 74322, A RESOLUTICaN APPROVING ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE FOR'LEE-3MUNSTEN- TEIGEF;, REPRESENTING "MUSIC IN PLYMOUTH", Motion carried on A roll call vote, four ayes, MOTION was made by Couttci lmaa .Hunt, seconded by Count ci lman Seibold, to adopt RESOLUTION NO, 744230 A RESOLUTION APPROVING ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE FOR MICHAEL LATUFF, dba ZATUFF'S PIZZERIA, Motion carried on a roll call vote, four ayes, MOTION was made by Councilman S:ii hol e, seconded by C;oun i loran Hunt, to adopt PrsOLUYION N0, 744241 A RESOLUTION APPROVING SMALL DISPOSAL SYSTCM LICENSE FOR MARTY BROS, Motion carried on a roll call vjte, four ayes, MOTION was made by Councilman Hunt, sedonded by Cainrilman Seibold, to accept the letter received from the Auditors, MotiJn carried, four ayes, Manaer Willis point out that the lctuir roceived from N,S,P,, date%, June 11, 1974, closes out the proposed Metro Rate Author* i;Y Mayor Hi lde ad jouriied the Council meeting l l :,L 0 PA BINGO PERMIT - WEST MEDICINE LAKE COMMUNITi CLUB I tem 8-A I, l ) ON -SALE NON -INTOXICATING, MALT LIQUOR LICENSE MUSIC IN PLYMOUTH" 1 tem 8-B RESOLUTION h0., 74422 ON -SALE NON -INTOXICATING MALT LIQUOR`LICENSE.. RENEWAL LATUFF'S PIZZERIA Iteff 8-C RES6LUTION NO, 74-323 SMALL DISPOSAL SYSTEM LICENSE - 44ARTY EPOS, I tem 8-D RESOLUTION NO: 74^324 1973 AUDIT LETTER 0/ 6/11/74 FROM N,S,P, Lynn Bolnr Deputy City Clerk