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HomeMy WebLinkAboutCity Council Minutes 12-05-1977Page 277 MINUTES REGULAR COUNCIL MEETING December 5, 1977 A regular meet-ing 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-third Avenue North, on November 28, 1977. PRESENT: Mayor Hilde, Councilmen Hunt, Seibold and Spaeth, Manager Willis Planner Dillerud, Engineer Goldberg, Administrative Assistant Boyles, Attorney Lefler, and' Finance Director Ricker. Councilman Neils arrived at 9:00 p.m. ASSENT: None. MINUTES MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to approve the minutes of the November 28 special Council meeting with the `ollowing correction in paragraph 8 on page 275: change the word "read" to "rear." Motion carried, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Hilde announced that the meeting was convened for the consideration of the bids which had been received for the purchase olf $3,100,000 General Obligation Improvement Bands of 1977 as, advertised for sale. The City Clerk presented affidavits showing publication of notice of sale in the official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, whici, affidavits were examined and founa satisfactory and ordered placed on file. Manager Millis presented the sealed bids which had been received by him prior to the time specified in the notice c ' sale, which then were opened acid tabulated. Such bids were as folloris: Bid 61 Net Interest Cost Net Interest Rate 861,447.75 4.65333% The First National Bank of Chicago, Illinois Bid #2 - Net Interest Cost Net Interest Rate 867,264.06 4.6847% Continental Illinois National Bank Trust Company of Chicago, Illinois Bid V3 - Net Ir:terest Cost $858,703.13 Net Interest Rate 4.085% Piper, Jaffray b Hopwood Inc., Minneapolis, Minnesota MINUTES - SPECIAL. COUNCIL MEETING NOVEMBER 28, 1977 Item 4 AWARD OF BIDS - 1977 GENERAL OBLIGATION BOND SALE Item 5-A Regular Council Meeting December 5, 1977 Page 278 Bid A4 - Net Interest Cost $8619915.02 Net Interest Rate 4.65585% Banc Northwest, Minneapolis, Minnesota MOTION was made by Coun0lman Spaeth, seconded by Councilman Seibold, to adopt RESOLUTION NO. 77-7009 A RESOLUTION AWARDING THE SALE OF $391009000 I,ENERAL OBLIGATION IMPROVEMENT BONDS OF 1977 TO PIPER, JAFFRAY A HOPWOODs INC. OF MINNEAPOLIS, MINNESOTA.. Motion carried on a Roll Call vote, four ayes. Planner Dillerud reviewed request for site plan approval for Sunrise Point Apartments, located on the tip of little Pen•.nsula on Medicine Lake. Planning Cimmission recommended approval of 81 units in a single structure of 3+ stories as an apartment p^oject on 8.90 acres of the site. Mr. Dillerud noted that one of the Planning Conn -A ssion'r. ret immendations that was not included in the resolution pre lared for Council was as follows: Condition. 15 - All above conditions shall be accomplished, all fees paid, a building permit issued and structural work commenced by June 1, 1978 or this action shall become null and void. Al Horman, petitioner, stated he was prepared to cut the number of ur iTts n the project from the original 167 proposed to 81, as recommended by the Planning Commission, eoen though the costs of the improvements and preparation of the site woulu: remain the same. Condition 15 would be acceptable if they could control the various agencies they must re^eive approvals from for the project. He asked Council that this t.e a condition of the requirements of Condition 15. He rurtner stated he planned to go ahead with the project as quickly as p*ssible. Don Brauer, Chir: Engineer, reviewed the proposu-d site plan and responnJed-to Cowicil's questions regarding the pa!king area and the sanitary sewer syster. Manager Willis stated the sanitary sewers and lift station will be a private system and opera: ng or maintenai-.ce costs will not be borne by the City. Also, in..tallatioi, of the system will be under the scrutiny of our Engineering Department, 1 RESOLUTION NO. 77-700 AWARDING $3- * IOOOMT GENERAL OBLIGATION IMPRnVCi ENT BONDS OF 1977 - Item 5-A SITE PLAN APPROVAL SUNRISE POINT APTS. LITTLE PENINSULA MEDICINE LAKE Item 5-B-1 Councilman Seibold questioned if the elevation of the buildings could be lowered by removing one story and increasing site coverage to that of the Proposed IOa unit plan. Mr. Brauer replied they are using every square foot Df --ria ava'lable after ponding and drainage are accounted for and they ..Alt they could not increase the site coverage. Bob Scribe r, president ad, who read a letter Village of Medicine Lake an Environmental Impact of AMLAC, introduced Fran Hey,, 151 Peninsula From the Maycr and Co'uncilmembers of the opposing the apartment project and requesting Study to he made for the project. WRAlb. Regular Council Meeting December 5, 1977 Page 279 Shirlly Maxwell, 2630 E. Medicine Lake Blvd., read a statement ror oert ng that an Environmental Impact Statement should be required for the project because of the potential environmental effects which have more than just a local significance. Bob Scribner cited the main concerns the residents of the area were as Follows:)) Height of the- buildings --they were at least one story higher than the other buildings in the area. 2) Density --asked why marshland was being used to fulfill density requirements. 3) Health and welfare of the future project residents --particularly in the case of fire protection. He objected tn the .act there was only one access road to the project and that a very narrow one. 4) Enforcement of the 50 foot green area around the water's edge. 5) Docking (25 slips) -- who will enforce the requirement of non-motarized boats? Tom Schrader, 10 Kaiser Aveaue, presented a petition with 450 signa- tures opposing the apartment project aric requesting an Environmental Impact Statement for the project. Don Maxwell, 2630 E. Medicine Lake Blvd., stated he felt the main s he opposed was density since all the other problems arose out of the large number of units in the project. He questioned why flood plain land was used as a basis for calculation of density. He asked what happened to the 5 acres that was originally designated as public land in the center of the peninsula. Karl Gron uist stated his concern was with thin size and appearance oTt e buildings and fire protection on the peninsula. Ez°ica Urban, 1541 W. Medicine Lake Drive, was concerned about what tTie 81ung t apartment project would do to the environment. She felt an Environmental Impact Statement was a must. She was also concerned about the traffic problem that would be created. Mayor Hilde spoke about the great deal of citizen input that this project has benefitted froi., since 1965 and mentioned the various Planning Commission and Council meetings that have reviewed the site plan !or the project over this period of time. It was determined that the 5 -acre parcel in the center of the peninsula which was dedicated as a public area was not suitable for heavy public use because of poor access and in 1975, when the new Land Use Guide Plan designated park areas throughout the City and two beaches on Medicine Lake, Council directed staff to relase the covenant to this parcel and it was added to the land in the lower portion of the peninsula to make a 22 acre site. However, it was not counted for density for the project. The Mayor explained land below the noinil water mark is not counted in any instance for density. The acreage in this project is above the normal water mark as determined by the BassL:Lt Creek Watershed District. Planned Dillerud r1tated an Environmental Assessment Worksheet has been prepared for the project for submission to the Environmental Quality Board. After submission, it will be reviewed by various state and fuderil agencies after which time a hearing will be held to determine whether an Environirental Impact Statement will be required. Regular Council Meeting December 5, 1977 Page 280 Councilman Neils arrived at the meeting at 9:00 p.m. Manager Willis commented **,.,qt access would have to be provided for public safety equipment and the design criteria provide that the road would have sufficient carrying capacity and would be wide enough for vehicles to pass. If these standards are adhered to, it would not be a serious hazard from a public safety viewpoint anymore than the present Peninsula Road is. Planner Di P crud stated setback requirements from public water will be approximatfly 50 feet. Buildings may not be constructed within this area, however, it is not required that this area be totally undisturbed. The City has not adopted an ordinance enforcing the shoreland setback. 140TION was made y Councilmen Hunt, seconded by Councilman Seibold, to adopt a resolution approving the site plan for Sunrise Point at the tip of Little Peninsula on Medicine Lake with the addition of Condition 15 requiring that o:1 the above conditions shall be ac- complished, all fees paid, a building permit issued and structural work commenced by June i. 1978 or this action shall become null and void and amending Conditiun 12 to require adequate turn arounds, fire lanes and hydrant locations approved by the City Manaqer. MOTION TO AMEND was made by Councilman Spaeth, seconded by Councilman Hurt, by Adding Condition 16 posting fire lanes on eith4r side of the road from West Medicine Lake Drive through the peninsula up to the main building. Motion to amend carried, five ayes. Council discussed the elevation of the buildings rind the possib;lity of cutting off one story and in•%*easing the rite coverage to that proposed in the 109 unit plan or various aluarnatives. There was also discussion of .he safet., aspect et a 3 -story frame structure in an area that has 'limited a,,; css. MOTION TO AME140 was made by Councilman :;paeth, se onde%; h Councilman Seibold, limiting all units of thl• ;ld l.iing to two stories with under- ground parking for safety reasons. Motion to amend carried, five ages. Mr. Herman stilted the cost of construction will go up considerably for a 2 -story structure and masom;, construction would raise the cert even higher. He would prefer •.i stay or, the basis of the present proposed plan. Mr. Brauer stated he felt the proposed 3 -story structure fits the land form of the site better than a 2 -story structure spread over a larger site area. There was further discussion of the density of thc. project. Councilman Neils stated the 81 -unit plan was close to what the R-4 ordinance allows. 280- Ci J Regular Council Meeting December 5o 1977 Page 281 Planner Dillerud stated at 12.1 acres, excluding the 5 acres in the center of the peninsula, the project provides 1 unit per 4,785 square feet with the 81 units proposed. Councilman Neils stated it would be unusual for a piece of land of this character to approve a site plan that has all units stacked in one area with the balance of the land totally unused except for a road. If it were not for the soil conditions, no consideration would be given to stacking all the units on the tip of the peninsula.: Therefore, some O to plan control as to height and location is not unreasonable. SUBSTITUTE MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to direct petitioner to return with an amended site plan to meet the previous amendments made by Council on the December 19 Council meting. Substitute motion carried, five ayes. Tom Loftus, petitioner for site plan approval and conditional use SITE PLAN -WEST PARK II permit for West Park II for Vantage Companies, stated they are VANTAGE COMPANIES requesting a variance of 25 parking spaces less than those re- (A-773) Item 5-8-2 quired by ordinance for the proposed West Park II. The project is similar to thcir existing project, West Park Plaza, and con silts of three types of uses --an office building, an office/ service/showroom and an office/warehouse. He displayed an exhibit of the total occupancy of the existing office park and the parking requirements. He stated if they use the same experience factor in the proposed project, they will be providing 151 more parking spaces than experience would indicate they need. He felt that experience should be the determining factor in this case. Council discussed the parking problems the City has experienced at office buildings in other locations. Mr. Loftus replied they have provided 102 parking spaces for the office building, which is 42 spaces more than the Code requires. There was discussion of the passibility of the occupancy of the proposed buildings changing in the future and what effect that change could have on the parking requirements. Councilman Hunt suggested the setback on Berkshire Lane could be utilized for parking in the future if necessary. MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION NO. 77-701 Hunt, to adopt RESOLUTION NO. 77-701, A RESOLUTION APPROVING PPROVING SITE RANI SITE PLAN AND CONDITIONAL USE PERMIT FOR WEST PARK 1I FOR CONDITIONAL USE PERMIT VANTAGE COMPANIES (A-173) eliminating Condition 5 and sub- WEST PARK Il (A-773) stituting an item allowing a variance of 20 feet on Berk -hire VANTAGE COMPANIES Lane for additional parking to be installed at such time as Item 5-B-2 additional parking would be required. Motion carried on a Roll Cali vote, three ayes. Councill3en Neils and Seibold voted nay. 261.1 Regular Council Meeting Decerber S. 1977 Page 282 NOTION was made by Councilman Netic, seconds, b; Councilman Spaeth, to direct staff to examine the aspect of diversity between manufacturing and warehousing for projects of a given magnitude and recommend if they see fit to introduce some condition for a diversity factor to reduce said parking requirements. Notion carried, five ayes. MOT!ON was made by Councilman Spaeth, seconded by Councilman RESOLUTION NO. 77-702 Seibold, to adopt RESOLUTION NO. 77-702, A RESOLUTION APPPOVING APPROVING LOT LOT DIVISION OF UNPLATTED PROPERTY FOR GEORGE A. JACKSON b GEORGE A. JACKSON ASSOCIATES (METROQVIP) (A-746). METROQUIP (A-146) Item 5-C-1 Nntion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Neils, seconded by Cowscilman RESOLUTION NO. 77-703 Spaeth, to adopt RESOLUTION NO. 77-703, A RESOLUTION SETTING SETTING CONDITTOMR CONDITIONS PRIOR TO FILING OF LOT DIVISION FOR GEORGE A. JACKSON LOT DIVISION FOR b ASSOCIATES (METROQUIP) (A-746). GEORGE A. JACKSON METROQUIP (A-746) Motion carried on a Roll Call vote, five ayes. Item 5-C-1 MOTION was made by Councilman Spaeth, seconded by Counc'elman RESOLUTION NO. 77-7 Neils, to adopt RESOLUTION NO. 77-704, A RESOLUTION APPROVING APPROVING LOT LOT DIVISION/CONSOLIDATION FOR CXISTING LOTS FOR HENRY FABER DIVISION/CONSOL. AND JOHN MILLER (A-590). FOR FABER/MILLER A-597) Item Motion carried on a Roll Call vote, five ayes. MOTION was made by Counc;lman hunt, seconded by Councilman RES0LUTION NO. 77-705 Spaeth, to adopt RESOLUTION NO. 77-705, A RESOLUTION SETTING SETTING CON ONS CONDITIONS TO BE MET PRIOR TO FILING OF LOT DIVISION/CONSOLI- LOT DIVISION/CONSOL. DATION FOR HENRY FABER .AND JOHN MILLER (A-597). FABER/MILLER (A-597) Item 5-C-2 Motion carried on a Roll Call vote, five ayes. MOTION was made by Cow,,;ilmaii Spaeth, seconded by Councilman RESOLUTION NO. 77-701, Hunt, to adopt RESOLUTION NO. 77-i06, A RESOLUTION APPROVING APPROVIGCONDIT CONDITIONAL USE PERMIT FOR SMALL APPLIANCE SALES AND SERVICE USE PERMIT FOR ALL -STATE INTERNATIONAL, INC. (A-513). SMALL APPLIANCE SAN S a SERVICE - ALL -FATE Motion carried on a Roll Call vote, four ayes. Councilman INTERNATIONAL, LNC. Seibold voted nay. (A-513) Item 5-D M01ION was made by Councilman Hunt, seconded by Councilman RESOLUTION NO. 77-707 Neils, to adopt RESOLUTION NO. 77-"07, A RESOLUTION APPROVING BOND MUCTION FOR REDUCTION OF DEVELOPMENT BONG FOR CARLSON PROPERTIES PLYMOUTH PLYMOUTH CREEKVIEW CREEKVIEW (A-199) TO THE A110UNT OF $Si4J OO.00. (A-191.) Item 5-E-1 Motion carried on a Roll Call vote, five ayes. 282- Regalar Council Meeting December 5. 1977 Page 283 NOTION was made by Councilman Hunt. seconded by Councilman Neils, to adopt RESOLUTION NO. 77-708. A RESOL'ITION APPROVING REDUCTION OF DEVELOPMENT BOND FOR CENTURION COMPANY FOR CIMARRON PONDS 2ND ADDITION (A-208) TO THE AMOUNT OF $81,926.00. Notion carried on a Roll Call vote, five ayes. MOTION gas made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-709, A RESOLUTION APPROVING REDUCTION OF DEVELOPMENT BOND FOR SARATOGA DEVELOPMENT AND JOPP CONSTRUCTION FOR THE TIMBER CREEK ADDITION (A-739) TO THE AMOUNT OF $46450.00. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-710, A RESOLUTION APPROVING REDUCTION OF DEVELOPMENT BOND FOR B -T LAND COMPANY FOR WEST- MINSTER ADDITION (A-117) TO THE AMOUNT OF $57,556.00. Motion carried on a RG11 Call vote, five ayes. MOTION was madf by Cour ilman Seibold, to adopt RESOLUTION CHANGE ORDER NO. 2 TO PROJECT INC., FOR THE INSTALLATION OF OF NIAGARA LANE, PROJECT NO. Hunt, seconded by Councilman NO, 77-i1, A RESOLUTION APPROVING NO. 70111051 NODLAND ASSOCIATES. SANITARY SEWER ON CSAH 15 WEST 714, IN THE AMOUNT OF $8,741.00. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, siiconded by Councilman Seibold, to adept RESOLUTION NO. 77-712, A RESOLUTION AU`'HORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 2 IN THE AMOUNT OF $32,483.30 TO NORTH CENTRAL UNDERGROUND, INC. FOR PROJECT NO. 605-0019 CSAH G WATERMAIN. Motion carried on a Roll Call ti.)te, five ayes. MOTION was made j Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-7i3, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYM'NT NO. 5 IN THE AMOUNT OF $12,362.41 TO N.D.H., INC. FOR PROJECT 1977 Si'RFET IMPROVEMENTS. Motion carrieJ on a Roll Call vote, five ayes. MOTION was made by Councilmdn Seibold, seconded by CouncilrEan Neils, to adopt RESOLUTION NO. 77-714, A RESOLUTION APPROVING DISBURSEMENTS FOR THE GENERAL FUND, C NSTi'.UCTION FUND, WATER FUND, SEWER FUND AND SPECIAL ASSESSMENT :JND IN THE AMOUNT OF 681,629.68 FOR PERIOD ENDING NOVEMBER 309 1977. Motion carr ed %in a Roll Call vote, five ayes. 283- RESOLUTION MC. 77-708 BOND REDUCTION FOR CIMARRON PONDS 2ND ADDN. A-208) Item 5-E-2 RESOLUTION NO. 77-709 TIMBER CREEK (AF739) Item 5-E-3 RESOLUTION NO. 77-710 BOND REDUCTION FOW WESTMINSTER ADDITION A-717) Item 5-E-4 RESOLUTION NG. 77-711 AP ROVING CRFI'G 70TR PROJECT NO, 704/7G5 PROJECT NO. 714 CSAH 15 UTILITIES Item 5-F RESOLUTION NO. 77-712 REQUEST FOR PAYMCRT PROJECT NO. 605-001 CSAH 6 WATF'`MAIN Item 5-G-1 RESOLUTION NO. 11-113 RE U S ' FOA 1977 STREET IMPROVEMErNTS Item i -G-2 RESOLUTION NO. 77-714 V GI AS I'T S PERIOD ENDING 11/30/77 Item 5-H Regular Council Meeting Dereffber 5. 1977 Pagc 284 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Manager Willis reviewed his meeting with Highway Commissioner 23RD AVENUE STREET Harrington regarding the Highway Department's participation in IMPROVEMENTS the cost of the 23rd avenue Improvements. Their reaction to PROJECI NO. 702 cost participation was r:egative as they contended that their Item 6-A access was to Fernbrook Lane and not to 23rd, therefore, theMe would be negligible benefit, with the exception of the storm drainage. MOTION was made by Councilman Hunt, .onded by Cc;incilman Seibold, to direct staff to work to, .J an independent bill in the Legislature to seek fund. ro- this project. Motion, carried, five ayes. Council reviewed the proposed 1978 Water and Sewer Fund budgets 1978 WATER 6 SEWER and Finanze Director Ricker responded to their questions. FUND BUDGETS Manager Willis reviewed the increasing costs of treatment Item 6-B charges billed to the City by the Metropolitan Waste Control Commission and recommended that Council authorize a rate study at this time. MOTION was made by Councilman Hunt, seconded by Councilman RESOLUTION NO. 77-715 Spaeth, to adopt RESOL!)TION NO. 77-7150 A RESOLUTION APPROVING APPROVING 1978 THE 1978 WATER FUND BUDGET IN THE AMOUNT OF $7209606. WATFR FUND BUDGET Item 6-B Motion carried on a Roll Call vote, five ayes. Council discussed the possibility of hiring an independent meter reader on a contract basis. Manager Willis felt the City would let --u. control of the accurary of the readinIs on this basis. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to direct staff to research the avenues of having meter reading done for the City by contract rather than by a full -tune City employee before such employee is hired. Motion carried, five ayes. MOTION was made by Councilman Seibold, seconded by Councilman RESOLUTION NO. 77-716 Spaeth, to adopt RESOLUTION NO. 77-716, A RESOLUTION APPROVING APROVING 1978 THE 1978 SEWER, FUND BUDGET IN THE AMOUNT OF $893,403. SEWER FUND BUDGET Item 6-B Motion carried on a '.oll Call vote, five ayes. Council discussed the necessity of a rate study at the present time. Councilman Neils stated he would like to see a service availability charge and a commodity charge rather than stipulating a minimum charge for X number of gillons on the water bill. 284- Regular Council Meeting Detember 5, 1977 Page 285 MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to direct staff to prepare a resolution ordering a rate study and recommending a company lv conduct it. Notion carried, five ayes. Manager Willis reviewed the report on the proposed Public Works Superintendent and responded to Council's questions about the responsibility breakdown in the Public works Department and the authority delegated to the new position. MOTION was made by Councilman Seibold, seconded by Councilman Spaeth, to direct the Manager to move ahead with hiring of a Public Worts Superintendent. Motion carried, five ayes. PUBLIC WORKS SUPERINTENDENT Item 6-C REPORT There was a discussion of the proposed 1978 Classification and 1978 COMPENSATION PLAN Compensation Plan and the recommendations for the Salary Adjust- Item 6-D ment Guide Chart. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt RESOLUTION NO. 77-717, A RESOLUTION APPROVING THE 1978 SALARY PLAN AS SUBMITTED BY THE CITY MANAGER IN HIS REPORT DATED DECEMBER 5, 1977. Kation carried on a Roll Call vote, five ayes. The meeting was adjourned at 11:30 p•.m. 285- RESOLUTION NO. 77-717 APPROVING 1978 SALARY PLAN Item 6-D e Loretta arr y, ty ClArk