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HomeMy WebLinkAboutCity Council Minutes 04-18-19770 141 Page 73 MINUTES REGULAR COUNCIL MEETING Apri 1 18, 19:7 A regular meeting of the Plymouth City Council was called to order by Mayor Hilde at l:3D P.M. in the Council Chambers of the Public Works Building, 14900 Twenty- third Avenue North, on April 18, 1971. PRESrNl': Mayor Hilde, Councilmen Neils, Seibold aMl Spaeth, Manager Willis, Planner Dillerud, Engineer Goldberg, Admiristrative k"yistant Boyles and Attorney Lefler, ABSENT: Councilman Hunt, MINUTES. 140TION wigs made by Councilman Spaeth, secondee by Councilman Neils, to approve tion minutes of the April 12 special Counci meeting a%, submitted, Motion carried, two ayes. Mayor Hilde and Councilman Seibold abstained. PYBLI INGS Manager Willis reviewed the procedures for the public hearings and announced that notices, of the public hearings were published in the New Hope -Plymouth Post, written notice was mailed to each property owner* in the impinvement area, announcements and oi,scussions at, Council meetings were field and there had been numirous newspaperwrite-ups on the subject projects. He then explained the :special assessment policy and procedures followed by the City. PROJECT N0. 702 - 23RD AVENUE IMPROVEMENTS Consulting Engineer Olson described Project No. 702, 23rd Avenue North St *et Improvements, Mayor Hilde opeied the public hearing at 7:45 P.M. Paul Norris, rellresenting Advance Machine Company, stated the compo y was planoing major expansion in their manufacturing and warehousing fa -' Ities which was dependent upon access on MINUTES - SPECIAL,. COUNCIL MEETING APRIL 129 1977 Item 4 PUBLIC HEARIAr. PROJECT NO. :02 23RD AVE. I' SrROVEMENTS Item 5-A 13 I Regular Council Beating April 16. 1977 Page 74 23rd Avenue. He also stated that they have petitioned for storm sewer because drainage on the property was going into their warehouse buildings. Robert Commerford, representing ko!i-Vik, Inc., asked how the assessment would be levied if the improvement was ordered. Mayor Hilde replied the street and utilities would be assessed on a front -footage basis and the storm sewer by area charges. Mr. Comerford asked if the $166,000 assessment would cover all utilities. Engineer Goldberg replied is would. The public hearing was closed at 7:50 P.M. Council discussed the Minnesota Highway Department's participation in the project. MOTION was made by Councilman Neils, seconded. by Councilman Spaeth, to adopt RES^!UTION NO. 77-1939 A RESOLUTION ORDERING. IMPROVEMENT AND PREPARATION OF PLANS FOR PROJECT NO. 7029 23RD AVENUE NORTH UTILITIEL, Motion carried on a Roll Call vote, four aha:. MOTION was :node by Councilman Neils, seconded by Counci lmar, Spaeth, that the preceding resolution be conditioned by direction to staff not to proceed Writh orderir+g the final plans and specifications until further determination is m,ide with the State of Minnesota on Eharing assessment costs. Motion carried,, four ayes. Mr. Commerford asked to be advised of the outcome of the ne otiat omenswith Ove Highway Department. PROJECT NO. 705,- QUEENSLAQ-GREENDALE AREA Consulting Engineer Olson described Project No. 705, Queensland-Greendale Area Improvement.;. Mayor Hilde opened the public hearing at 8:10 P.M. Orlin Elul ins, 17810 - 2nd Avenue North, questioned whether the DNR would grant easements for the lines a long t' .e r, uce Line trail and whether the City would absorb the costa '.or these lines. He also asked if the assessment would be levied on a per lot basis or by front footage. Mayor Hilde ex plzined the assessment would be levied at an assessment heari,ig after the project is completed and the trunk lines along the Luce Line trail would be covered by area charges. RESOLUTION NO. 77-193 ORE NG IM AJVVEi & PLANS FOR PROJECT 702 23RD AVENUE NO. UTILITIES PUBLIC HEARI% PROJECT NO. 705 QUEENSLAND-GREENGALE Item 5-B The Assessment Connittee reported on recent asscssme+nt procedures. Mr. Julius commented he was not against the project and thought it would be to the area. Hii only cono.ern was as to how it would be assessed. Regular Council bleating April 18, 1977 Page 75 Virginia Be114nd, 215 Queensland Lane, questioned whether the assessment woula be levied against Dui"dable acreage only, Engineer Goldberg replied the area charge is only for the build- able portion of the parcel; and the Assessment Committee would define what is buildable. Mrs. Belland questiooied what part of Queensland would be assessed or the concrete curb and gutter in t:he Applecrest plat. Engineer Goldberg replied the residents on the west side of Queensland would not share in the cost of concrete curb and gutter for the Applecrest Addition. The himririg wAs closed at 0:20 P.M, There was a discussion of proposed curb and gutter for the area. Councilman Neils sw3gested that i1' residents of the area outside of ttm Applecrest Additi%,i desired concrete curb and gutter they could circulate a petition in the area. MOTION was a:ade by Councilman Spauth, aeconded by Councilman Seibold, to adopt RESOLUTION N0, 77-1949 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FUR PROJECT NO. 705 QUEMLANDTGREcNDALE AREA. Motion carried on a Roll Call vote, four ayes. PETITIONS, AggUES TS AND COMMUNICATIONS Planner Dillerud reviewed Planning Commission's recomnenda.- tions on RPUD Concept Plan for Cimarroi Ponds West RPUD 77-•2 (A-196). Dick Knutson, representing petitioner, presented a revised Concept Plan with 84 units and proposed selling the lake bottom and part of the marsh area to DNR if petitioner could use the same area for density credit:, Tom Rose, 16925 - 13t1 Avenue North, representing residents of thk area, presented a petition signed by 271 residents requesting that the land be developed as single-family residential as it is presently zoned. Manuger Willis read the petition to Council. RESOLUTION NO. 77-194 ORBERINd IWROVENERrI PLANS FOR PROJECT' 705 QUEENSLAN4-GREENEWLE RPUD CONCEPT PLAN CIMARRON P)NDS WEST CENTURION CO. (A-196) Item 6-A PPh_i_l_i_A. Fraser, 16)'30 - 12th Avenue North, representing residents of the .area, spoke against the RPUD Concept f Ian stating that we would be destroying things that are valuable to us in the name of progress. There was a lengthy discussion o"' the requirements for an RPUD and whether the proposed Concept Plan fulfilled such requirements. Council also discussed Manning Commission's recommendatio %.. for the plat and the effect of the open water area on the dep%ity, Regular Council Meeting April 18, 1977 Page 76 MOTION was made by Councilman ipaeth, seconded by Councilman Seibold, to deny the RPUD Concept Plar, and require the land t;, be guided according to the City's land Use Guide Plan. SUBSTITUTE MOTION was made by Councilman Neils, seconded by Councilman Seibold, to retrrr this petition back to the Planninrf Commission for further consideration on the basis that the recommended changes required by the Planning Commission for approval are too substantial in nature to act upon the plan as proposed. Motion carried, four a;es. MOTION was made by Ct;uncilman Seibold, seconded by Councilman Spaeth, to direct the Planning Commission to pay particular attention to the fc',lowing: 1) that any concept plan apprived conform to the current Land Use Guide Plan; 2; if any portion of the plat is to oe guided LA -3, it should be the portion contiguous to the existing RPUD; 3) lean away from high density in this area in view of the drainage problems and the involvemeit of the DNR. Motion carried, Four ayes. Philip Fraspt, stated the marsh was a spawning area for the c:roe•c and sou je preserved. Tan Rose stated the residents of the area would con•inue to fight against m-iltiple dwelling units going into this area and hilgh density °n this natural area. Planner Dillerud reviewed Floyd B. Olson's petition for approva of Preliminary Plat for West Tonka Estates. There was discussion of the drainage problems in the area. Fwd 8. Olson, 3525 Highway 101 North, petitioner, replied to Council's gjestions about drainage in the area. W. Budnick, 16031 - 1Kth Piace, stated he was not; opposed to the devvepment but is concerned about the Planning Conmi ssion:' --, recommendations as to drainage. He feels drainaSe in the :area is not good and should be looked at at this time. John Jackson questioned the location of 3rd Avenue and asked what Re pity's intentions were regarding the street since it was displaced north of the center line. Engineer Goldberg replied the City does not intci.0 to move the street at this time since the preient street is adequate.. It has, however, acquired the right-of-way should the street need to be relocated at a future data. Mr. Jackson displayed ph os of standing rain in the street: after a recent rain. PRELIMINARY PLAT WEST 10NKA ESTATES FLOYD B. OLSON (A-501) Item 6-B I 4 Regular Council Neeting April 18, 1971 Page 77 MOTiON was pude by Councilman Seibeld, seconded by Councilman RESOLUTION NO. 77-195 Spaeth, to adopt RESOLUTION NO, 77-195, A RESOLUTION APPROVING APPROV PRELINt PRELIMINARY PLAT FOR WEST TONKA ESTATES MATED BETWEEN COUNTb PLAT -WEST TOW ESTATES RPAD 15 AND 3RO AVENUE NORTH AT QUANTICO LANE FOR FLOYD B. LLOYD OLSON (A..501) OLSON (A-501). Notion carried on a Roll Call vote, four ayes. MOTION was made by Mayor Wide, seconded by Councilman cpaeth, to direct staff to get together with the consulting engineer who planned this area and came back to Council with proposals for solving the drainage problem. Motion carried. ,four ayes. Mrs. Edward Sell, 11830 - 28th Avenue North, stated they have PETITION FOR peen harasse v people trapping on their property and have TRAPPING ORDINANCE lost some of their pets in steel jaw traps. She requested Item 6-F Council to consider an ordinance forbidding steel -jaw trapping in the City. Gladys Rippe, 2610 W. Medicine Lake Drive, stated she believed the aini y cat had ?Pen caught in a trap set on her property and requested that steel -jaw trapping be outlawed in the City. 1VTION was made by Councilman Neils, secon6ed by Councilman Spaeth, to direct staff to prepare an ordinance prohibiting steel -jaw trapping in platted areas without specific authoriza- tion from the property owner and the Council and in that case only for the purpose of alleviating a nuisance, and to restrict trapping in unplatted areas except with the express pernsission of the property owner,. Motion carried, four ayes. MOTION was made by Councilman Seibold, seconded by Councilman RESOLUTION NO. 77-196 Neils, to adopt RESOLUTION NO. 77-196, A RESOLUTION APPROVING AP RPGVIGWA! PLAT & FINAL PLAT AND DEVELOPMENT CONTRACT FOR MISSION HILLS PARK DEVELOPMENT CONTRACT 3RD ADDITION FOk MISSION WEST DEVELOPMENT CORPORATION (A-338). MISSION HILLS PARK BOROUGH MANOR, INC. (A-6]7`. 3RD ADDITION (A-338) Motion carried on a Roll Call vote, four ayes. Item 6-C-1 MOTION was inade by Councilman Seibold, seconded by Councilman RESOLUTION NO. 77-197 Neils, to adopt RESOLUTION NO. 77-197, A RESOLUTION SETTING SET' IWIG TM95ITTOWTOR CONOITI-INS PRIOR TO FILING OF FINAL PLAT OF MISSION HILLS PARK FINAL PLAT OF 3RD ADDITION FOR MISSION WEST DEVELOPMENT CORPORATION (A-338). MISSION HILLS PARK 3RD ADDITION (A-338) Motion carried on a Roll Call vote, fit)ur ayes. Item 6-C-1 MOTION was made by Councilman Spaeth, seconded by Counc:ilmar RESOLUTION NO. 77-198 Neils, to adopt RESOLUTION NO. 77-198, A RESOLUTION APPROVING APPROVIRG FINAL PLV7& FINAL PLAT AND DEvELOPMENT CONTRACT FOR ARROWOOD FOR HILLS- DEVELOPMENT CONTRACT FOR BOROUGH MANOR, INC. (A-6]7`. ARROWOOD - HILLSBOROUGH MANOR, INC. A-677) Motion carried on a Roll Call vote, four ayes. Item 6-C-2 Regular Council Meeting April 18, 1977 Page 78 MOTION was made by Coun-Cilman Neils, seconded by Councilman RESOLUTION NO. 77-1 Seibold, to adopt RESOLUTION NO. 77-1991 A RESOLUTION SETTING SMING 0DIT10fir CONDITIONS PRIOR 1'0 FILING OF ^INAL PLAT FOR ARROMO©D FOR FINAL PLAT FOR HILLSBOWUGH MANOR, INC. (A-67; 281116.21 ARROSOOD (A-677; INC. FOR PROJECT NO. 1161 PINETREE POND STORM Item 6-C-2 Motion carried on a Roll Call vote, four asses. Item 6-•G MOTION was made by Councilman Se: bold, seconded by Councilman RESOLUTION NO. "174.00 Neils, to adopt RESOLUTION NO. 1i-200, .A RESOLUTION APPROVING APPROVING T7W RM FINAL PLAT AND DFVELC;PMENT CONTRACT FOR SHILOH ADDITION FOR DEVELOPMENT CONTRACT LUNDGREN BROS. CONSTRUC'i-ION, INC. (A-331). SHILOH 2NO ADDITION A-331) item F -D Notion carried on a Roli call rote, four ayes. MOTION was made by Councilman Seibold, seconded by Councilman RESOLUTION NO, 77-201 Ne'lls, to adopt RESOLUTION NO. 77-2019 A RESOLUTION SETTING SETTING 00777URKW CONDITIONS PRIOR TO APPROVAL OF FINAL PLAT FOR SHILOH SECOND FINAL PLAT FOS: ADDITION FOR LUNDGREN BROS. CONSTRUCTION, INC. (A-331). SHILOH 2ND AlY,117ION A-331) Iteti 6-D Motion car ri eQ on a Roll Call vote, four ayes. Peter Pflaum, representing Lundgren Bros., replied to the Mayor's questions ibout the drainage plan for Shiloh. MOTION was mace by Councilman Neils, ,econdtd by Councilman RESOLUTION NO. ?7-202 Spaeth, to adopt RESOLUTION NO. 77-202, A RESOLUTION AMENDING MENDING DSC E P LANDSCAPE PLAN FOR CAR WASH FOR WILLIMA GADTR'A AT 35TH AVENUE WM. GADTKA CAR WASH NORTH AND KILMER LANE (A-302) amending Item 2 to read: (A-302) Item S -E provision of 8 a,h trees, 5 on the south property boulevard and 3 on the Kilner Lane boulevard frontage." Motion carried on a Roll Call vote, foo r ayes. MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTIa4 NO. 77-203 Neils, to adopt RE:JOLUTION NO. 77-203, A RESOLUTION AUTHORIZING RQUEST FOR PAYMENT ON REQUEST FOR PAYMENT NO. 2 IN THE AMOUNT OF PROJECT NO. 116 281116.21 TO BEATSON 8 KELLY, INC. FOR PROJECT NO. 1161 PINETREE POND STORM PINETRIE POND STORM SEWER. SEWER - Item 6-•G Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Cauncilman R:SOLUTION NO. 77-204 Neils, to adopt RESOLUTION NO. 77-204, A RESOLUTION APPROVING PROVING CHANU DM CHANGE ORDER NO. 10 IN THE AMOUNT OF $3C,354.90 TO NIOLAND PROJECT NO. 607 ASSOCIATES, INC. FOR PROJECT NO. 607, BASS LAKE IMPR;.VEMENTS. BASS LAKE IMPROVEMENTS Item 6-H-1 Motion t.arried on a Rall C,al7 vote, four ayes. MOTION was made by Councilman Seibold, seconded by Councilman RESOLUTION NO. 77-205 Neils, to aoopt RESOLUT104 NO. 77-205, A RESOLUTION APPROVING APPROVING CHANGE MER CHANCE ORDER NO. 11 IN THE AMOUNT OF $10,220.50 TO NODLFND PROJECT NO. 607 ASSCCIATES, INC. FOR PROJECT NO. 607, BASS LAKE AREA BASS LAKE IMPRVMTS. IMPROVEMENTS. Item 6-H-2 Motion carried on a Roll Call vote, four ayes. Regular Council Meeting April 18. 1977 Page 79 REPOR S OF OFFICERS, BOARDS AND COMMISSIONS Managor Millis reviewed the financing for the proposed County Road 15 Bikeway. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION NO. 774060 A RESOLUTION REQUESTING iUN1Y PARTICIPATION FOR THE PROPOSED BIKEWAY ON C.S.A.H, 15 BE11114 VICKSBURG LANE AND I-494. Notion carried on a Roll Call vote. four ayes. NOTION was mac.% by Councilman Spaeth, seconded by Councilman Neils, to adopt REFOLUTION NO. 77-207, A RESOLUTION APPROVING DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTION FUND, WATER FUND SEWER FUND AND SPECIAL ASSES91ENT FUND TOTALLING 8559257.22 FCR THE PERIOD ENDING APRIL 15, 1977. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to et RESOLUTION NO. 77-2089 A RESOLUTION APPROVING RENEWAL OF GARBAGE HAULING LICENSES FOR PERICJ APRIL 1, 1977 THROUGH NARCFi 319 1978 FOR THE FOLLOWING: BROWNING FERRIS INDUSTRIES, CLEANWAY SANITATION, DAVE'S SANITATION, EDEN PRAIRIE SANITATION CO., G b H SANITATION, INC., HILGER TRANSFER, LAKI: SANITATION, NISTLER RUBBISH SERVICE, ROBBINSOALE TRANSFER CO. AND 'TOWN b COUNTRY SANITATION. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Colinci lman Seibold, to adopt RESOLUTION NO. 77-2099 A RESOLUTION APPROVING RENEWAL OF CIGARETTE LICENSES FOR PERIOD JANUARY 1, 1977 THROUGH DECI:MEER 311 1977 FOR THE FOLLOWING: EXECUTIVE VENDORS, INC. FOR PLAYHOUSE TOYS AND BRADLEY AUTOMOTIVE, J. GRUMAN STEEL CO., HERE'S SERVICE GARAGE AND MINNESOTA TORO, INC. Motion carried on a Roll Carl vote, four ayes. MOTION was made by Councilman Spaeth, seconded by Councilman. Neils, to adopt RES..LUTION X10. 77-210, A RESOLUTION APPROVING OF GASOLINE SERVICE STATION LICENSE RENEWALS FUR PERIOD JANUARY 1, 1977 THROUGH DECEMBER 31, 1977 FOR THE FOLLOWING: 494 TEXACO, HERB'S SERVICE GARAGE AND HIGHWAY 55 STANDARD. Motion carried on a Roll Call cote, four ayes. MOTION was made by Councilman Neils, seconded by Councilman Spaeth, to defer action on Automobile Dealer license for Leon A. Bind, dba Lee Allen Auto Sales, Inc., until conditional use perini t for site is appro ied. Motion carried, four ayes. Meetln, was adjourned at 9:50 P.M. RESOLUTION NO. 77.206 REQ N U !TY PARTICIPATION IN CSAR 15 BIKEWAY - PROJECT 708 Item 7-A RESOLUTION NO. 77-207 APPRO IGDISE RS MATS PERIOD ENDING 4/15/77 Item 7-B RESOLUTION NO. 77-21,8 APPROVING 9ARUGE HAULING LICENSES - 1977 Item 7-C RESOLUTION NO. 77-209 APROVING MEWAL 9 CIGARETTE LICENSES Item 7-D RESOLUTION NO. 77-210 APPROVING RENEW 9 GAS01.INE SERVICE STATION LICENSES Itern 7-E