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HomeMy WebLinkAboutCity Council Minutes 05-01-1978t l Page " M I N 6 T E S REGULAR COI;NCIL MEETING Play 1, 1978 A, regular meeting of the Plymouth City Council 7:30 p. m. in -the Council. Ctiimbers of the Public Avenue Ncrth, on Kay 19 19780 was called to rrdfdr by Mayor Hvnt at Works Building, 14900 Twenty-third PRESENT: Mayor Hunt, Counci lmembe:ra Hoyt, Neils, Seibold and Spaeth, Manager Willis, Planner Dillerud, Engineer Goldberg, Administrative Assirr.ant Boyles, Park Director Born 4nd Attorney Lefler, ABSENT: None. CONSENT AGENDA* NDTION wes made by Councilmember S,r.aeth, seconded by Councilmember Nems, to approve the Consent Agenda items with the following exceptions: C-1 and D-1 & 20 h;otion carried on a Roll Call votet, fi vs ayes. MINUTES MOTION was made by Councilmember Spaeth, secondea by Neils, to approve the minutes of the Ap,11 24 special meeting as submitved, Motion carried, five ayes. PUBLIC HEARINGS CONSENT AGENDA Item 4 Councilmembtr MINUTES - SPECIAL Coun:i1 COUNCIL MEETING APRIL 24, 1978 Item 5* Manager Willis revi v. •zd the requ i n?n ents and procedures for the public hearings anu announced that notices of the hearings were publ i sited in the Plymouth Post, written notice was mailed to tach property owner in the improvement area, and discussions were held at Council meetings on the s:jbject projects. He then explained the apecial assessment policy and procedures followed by th? C-Ity. A. Project No. 702 - 23rd Avenue Utilities, Mayor Hurt opened the public hearing at 7;45 p.m. No one chose to speak and the heaw-ing was closed at 7:45 p.m. MOTION was made by Councilmember Spaeth, secande by Councilmemtier Ne.1s, to defer this item until such time as Adva xe Machine Company presents a letter indicating their willingness to assume a greater share of the project costs. Motion carried, five ayes. Mayor Hunt requested staff to start acquiring right-of-way for 23rd Avenue and to obtain a written commitment from the Department of Transportation to pay the store drainage assessment. PUBI. i C HEARING PROXXT NO. 702 23RD AVE. U71LITIES Item 6-A T ' 4 Regular council Meeting May l , 1978 Page 100 B. ProOett No. 829 - Ridgecr!rst l!ddition Area 1Wrovements Consulting Engineer Olson reviewed the priposed improvement project in detail. mayor Hun; opened the public hearing at 7:50 p. rt. Joe Marcini k, 2805 Quaker Lane, asked if he would be assessed aga for water and sewer. Engineer Goldberg replied since he hard previously been assessed for water and sewer, he would only be assessed for storm sewer and streets for this project, Dennis Nelson, 2055 Quaker lane, spoke in, favur of leavinq Quaker are narrower then the standard 32 ft. width and spoke in opposi- tion to the project at this time, PUBLIC HEAR M PROJECT NO. b4`a RIDGECREST ADON. Item 6-6 Claes Svensson, 2935 Quaker Lane, spoke ire cppe ition to the storm sewer Improvement, He asked ;f t was feasible to accomplish the drainage of :he area by ditching, parte Lilli'bled, V65 County Road 18, asked if his ter, acres abutfing Tiburon would bs included in the project. Engineer Olson replied this acreage is not included in this project unless there should be st..mi sewer assessments, Audrey ,Preus, 2925 Quaker Lane, stated excessive width for future streets, she felt ft. was an Ruth Dressel, 10020 - 28th Avenue North, asked if they would be includedin the project since they already hive sewer and water service. Engineer Olson replied their lot is dividable and therefore the Assessment Coi.n•ittee would have to determine what their assessment would be. Darrell Ha nes, 10031 - 28th A% enue North, inquired if 20th venue would be included in Vie proiect. Mayor Hunt replied the City does not have the r;ght-of-way at this time and the street will not be improver until the area is platted. Engineer Olson stated his lot would be assessed for storm sewer only. Alan T. Stensrud, 3031 Quaker Lane, asked what the tirrm frame or a proJec was. Mayor Hunt replied it would depend on whether or not the project was ordered at this time. Dick Fittterald, 10140 - 28th Avenue North, spoke in opposition to concrete curb and gutter And stated he felt 28th Avenue should be Included in the project. Howard He en, inquired how his property on 30th Avenue would be a este y the improvement project. Engineer Olson stated an easement on his property would be necessary to install sanitary sewer on Quaker Lane. 6Mi91I J6 s t Regular Council Meeting stay 1, 1978 Page 101 Doroth suse. 3340 Drew Avenue Korth. owns unp'latted property and inquired if the parcel would have to be, platted along with, this improvement project. Engineer Olson replied it would nc,t. Peter Brower, 10000 - 20th Avenue, acked how property on Orleans Lane wourd-be assessed. Manager tailits replied parcels with driveway access on 28th A,:enue were assessed in a previous pro4ect and would be included in this projAct for curb and gutter and storm sewer only. Mr. Brower spoke in opposition to the storm sewer. Charles Peterson, 10135 - 2Sth Avenue, spoke against the im- provement pro ect. Mr. Svensson asked if all City streets were 32 ft. in width w t currb and gutter. Mayor Hunt replied all new developments are required to install 32 ft. wide streets with curb and gutter unless it is reconstruction of a street in an already developed area. Mrs. Charles Peterson, objected to the requirement to hook up to sanitary sewer in 24 months since their septic system would be adequate for 30 years. Mayor Hunt replied the Metropolitan Waste Control Commission sets the standards for the development of the City's sewer system and we are obliged to conform with their requirements. 9 1 Mr. Nelson spoke in opposition tc :+idening Quaker Lane. the hearing was closed at 8:55 p.n. MOTION was made by Councilmember Spaeth, seconded by %ir,c'Imember Neils, to adopt RESOLUTION NO. 78-247, A RESt,L:1TION 61%DENING SANITARY SEWER, WATERh+AIN, STORM SEWER AND STREET IMPROVEMENTS FOR RIDGECREST ADDITION AREA, PROJECT NO. 829, INL.UDING THE COM- PLETION OF ORLEANS LANE UP TO PILGRIM 1LANE (SCOTH :,INE OF TIBURON). Motion tarried on a Roll Call vote, five ayes. MOTION was made by Councilmember Seibold, aecorded 1,y Counc:ilmember Neils, to direct staff to order a feasibility report for the com- pletion of 28th Avenue from Quaker to Marhan Lane for consideration as an add-on to this Project Pio. 829 i6nc'dudir.9 contacting the land owner about dedication of right-of-way on the south side of 28th Ave. Motion carried, five ayes. Council recessed from 9:10 to 9:20 p.:n. RESOLUTION NO. 78-2.41 MUM R E S RIDGECREST ADON. AREA PROJECT NO. 829 Item 6-B PETITIONS, REfjIIESTS AND CIMMUNICATIMS Planner Dil:urud reviewed the ?PUD Concept Plan submitted by Criterion MPUD 78-1 Homes for the southwest corner of I-494 and County Road 9. CONCEPT PLAN (A-814) CRITERION HOME Item 7-A-1 101- Reg.iar Council Meeting May 1, 1978 Page 102 Don Ness, representing the developer, Spoke against Planning Comm ss on's recommendation to reroute the access road from County Road 9 to be between the existing single family homes and tht proposed commercial area, Tom Leverenz, 14005 Rockfird Road, spo::e propose Frvice Commercial Area because existing residential proj,-arty in the are to defer action on the project until it existing homes tve•uld be affected by the against rezoning the it would devalue the z. He requested Council was determined how the rezoning, Dale 6erthiaume, 13905 County Road 9. spoke against the two- story limitation in the proposed Service Commercial area, Ted Zbikowski, 3816 Fernbrook Lane, stated he felt the proposed plan lacFeJadequate park areas and felt some provision should be made for playfields in the area. He felt the proposed 9400 sq. ft. lots were too •zmall for the area and recommended that a minimum size be specifiold for the homes in the project. Manager Willis replied the City was proposing to acquire parkland in the vicinity of the project. Mayor Hunt stated the City could not set requirements for house size over and abo;-a the Uniform Building Code requirements. Mr. Zbikowski aske `nw the street improvements on Fernbrook Lane would be assessed. l•.ngineer Goldberg replied Fernbrook was an MSA street and Ci'y thoroughfare. Any parcel with driveway access on Fernhrook would lie assessed front footage for a residential street. RogerStrom, 14010 - 40th Avenue, spoke in favor of the developer's proposed routing of the County Road 9 access road to the east and away from existing homes in the area. MOTION was made by Councilmember Spaeth, Seibold, to adopt RESOLUTION NO. 78-248, MULTIPLE PLANNED UNIT DEVELOPMENT (MPUO) FOR CONCEPT PLAN (A-814)6 seconded by Councilmember A RESOLUTION APPROVING 78-1 FOR CRITERION HOMES Motion carried on a Roll Call vote, five ayes. MOTION was m&de by Councilmember Spaeth, seconded by Councilmember Neils, to adopt RESOLUTION NO. 78-249, A RESOLUTION APPROVING RPUD 78-2 C04CEPT PLAN FOR B -T LAND COMPANY (A-813). MOTION TO AMEND was made by Councilmember Hoyt, seconded by Councilmember Spaeth, by requiring additional park access from Lot 4. Motion to amend carried, five ayes. Motion to adopt Resolution No. 78-249, as amended, carried on a Roll Call vote, five ayes. 102- RESOLUTION NO. 78-248 APPROVING MPUD 78-1 CONCEPT PLAN FOR CRITERION HOMES A-814) Item 7-A-1 RESOLUTION NO. 78-249 CONCEPT PLAN FOR 3-T LAND COMPANY A-813) Item 7-A-2 I- I Regular Council Meeting May 1. '."78 Page 103 Planner Diilerud reviewed Plymouth State Bank's request for approval of Site Plan and Conditional Use Permit north of Highway 55 at Industrial Park Boulevard and Planning Com- mission's recommendation for denial. Robert H. Lexvold, Plymouth State Bank, responded to Planning Commission's objections to the proposed bank and office facility within an I-1 zone. Council discussed the suitability of the proposed use in an I-1 one and the traffic problem it might generate. Dale Kenned , Carlson Properties, responded to Council's questions about t e proposed site plan. Robert Sundin, 2001 Oakview Lane, stated he did not oppose the proposed anking facility but feared what would be built on the two adjacent parcels once the area was rezoned to Commercial - Industrial. Residents felt a fast food operation should not be allowed in the area. MOTION was made by Councilmember Neils, seconded by Councilinember Hoyt, to adopt RESOLUTION N0, 78-250, A RESOLUTION DEFYING CONDITIONAL USE PERMIT FOR PLiMOUTH STATE BANK FOR BANK :N I -i ZONE (A-815). Motion carried on a Roll Call vote, three ayes. Councilmembers Se4bold and Spaeth voted nay. MOTION was made by Councilmember Neils, Seibold, to adc*pt RESOLUTION NO. 18-251, FINAL PLAT AND DEVELOPMENT CONTRACT FOR ADDITION (A-681). seconded by Councilmember A RESOLUTION APPROVING SCHMIDT LAKE WOODS 3RD Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Seibold, seconded by Councilmember Neils, to adopt RESOLUTION NO. 18-252, A RESOLUTION SETTING CONDI- TIONS TO BE MET PRIOR TO FILING JF FINAL PLAT FOR SCHMIDT LAKE WOODS 3RD ADDITION FOR ENTERPRISE PROPERTIES (A-681). MOTION 1'0 ;,MEND was made by Councilmember Neils, seconded Ly Counc `'aember Seibold, by 14-dding Condition 2 requiring gracing and development of the trail to be included as d condition of the development contract. Motion to amend carried, five ayes. Motion to adopt Resolution No. 78-252, as amended, caroied in a Roll Call vote, five ayes. 103- SITE PLAN AND CUP PLYMOUTH STATE BANK A-815) Item 7-8 RESOLUTION NO. 78-250 DENYING CONDITIONAL USE PERMIT FOR PLYMOUTH STATE BANK IN I.1 ZONE (A-815) Item 7-R RESOLUTION s:0. 78-251 APPROVING FINE PM7 DEVELOPMENT CONTRA(,T SCHMIDT LAKE WOODS 3RD ADON. (A -681f Item 7-C-1 RESOLUTION NO. 78.252 SETTING- fiIONS— FOR F I NAI, PLAT SCHMIDT LAKE WOODS 3RD ADDN. (A-681) Item 7-C-1 Regular Council Meeting may 1. 19 78 Page 104 MOTION was made by Councilmember Spaeth, seconded by Councilmember Veils, to adopt RESOLUT:OW NO. 78-253, A RESOLUTION ADOPTING ASSESSMENT FOR SCHMIDT LAKE MODS 3RD ADDITION, PROJECT N0, 850. IN THE AMOUNT OF $3,000. Notion carried on a Roll Call vote, five ayes. MOTION was made by Counci"meaber Spaeth; seconded D, Seibold, to adopt RESOLUT':ONi NO. 78-254, A RESOLUTION FINAL PLAT AND DEVELOP TENT /;ONTRACT FOR CIMAPRON EAST C- ANY (A-295). Mo l io; carried on a Roll Call vote, five ayes. MOTION was wade by Councilmember Spaeth, seconded by Sribold, to adopt RESOLUTION NO. 78-255, A RESOIt.'TION CONDITIONS TO BE MFT PRIOR TO FILING OF FINAL PLAT OF EAST FOR CENTURION CO. (A-295) . Motion carried on a Roll Call vote, five ayes. Counci ]member APPROVING FOR CENTURION Councilmember SETTING CIMARRON NOTIONS was made ty Councilmember Spaeth, seconded by Councilmember Neils, to ,adopt RESOLUTION NO. 78-256, A RESOLUTION ADOPTING ASSEssynr TOR CIMAR'RON EAST, PROJECT NO. 851, IN THE AMOUNT OF 82,341.80. Mention carried on a Roll Call vote, five ayes. Dickman Knutson, representing developer, questioned the $30,750 park dedication fee and asked if consideration had been given for the land donated adjacent to Parker's Lake and the three well sites. Manager Willis replied the land was taken into :onsideration and the well sites proposed to be located in the area will be resolved as soon as possible. MOTION was made by Councilmember Neils, saconded by Councilmember Spaeth, to adopt RESOLUTION NO. 78-257, A RESOLUTION APPROVING LOT DIVISION/CONSOLIDATION FOR COLUMBUS HOME ASSOCIATION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Co;n0imember Spaeth,, seconded by Councilmemher Seibold, to adopt RESOLUTION NO. 78-258, A RESOLUTION SETTING CONDITIONS TO BE MET PRIOR TO FILING OF LOT DIVISON/CONSOLIDATION amending Condition 1 by substituting South Shure Drive for County Road 73. Motion carried on a Roll Call vote, rive ayes. RJTION was made by Count. i'lwirber Spaeth, Neils, to adopt RESOLUTION NO. 78-259, A CIVISION FOR CHANDLER -TOPIC FOR UNPLATTED and water are not available to the parcel seconded by Councilmember RESOLUTION DENYING LOT PROPERTY because sewer at present. Motitn carried on a Roll Call vote, five ayes. 104- RESOLUTION NO. 78-253 A66TV=SESS SCH14IDT LAKE WOODS 3RD ADDITION PROJECT NO, 850 Item 1-C-1 RESOLUTION NO. 78454APPROVINCFINALUri* DEVELOPMENT CONTRACT CI14ARRON FAST FOR CENTURION CO. (A-295) Item 7-C-2 RESOtUT ON NO. 78455 SETTING' NDTTT 5""' FOR MAL PLAT C14ARRON EAST FOR CENTURION CO. (A-295) Item 7-C-2 RESOL%J :& 1011 H0. 118-256 AWTN " S CIMARRON EAST PROJECT NO, 851 - Item 7-C-2 RESOLUTION NO. 78-257 APPROVING 1OT7TVTK 0 COLUMBUS HOME ASSOC. A-126) Item 1-D-1 RESOLUTION NO. 78-258 SETTING CONDITIONS FOR LOT DIV./CONSUL. COLUMBUS HOME ASSOC. A-126) Item 7-0-1 t.OLUTION NO. 7 Vr... ..... .-M. wove CNANOLER-TOP I C A-816) Item 7-D- r Riguler Council Meeting 1by 1, 1978 Page 105 NOTION was made by Counctlmember Spaeth, seconded by Councilmember Neils, to adopt RESOLUTION NO. 78-260, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR STREET LIGH'I:NG FOR MISSION HILLS PARK 47H ADDITION. Notion carried on a Roll Call vote, four ayes, Councilmember Neils abstained. NOTION was made by Councilmember Spaeth, seconded by Councilmember Neils, to accept petition fran F;aueohorst Corporation for sanitary sewer to service their property on the west side of Fernbrook Lane south of County Road 9. Motion carried. five ayes, MOTION was made by Councilmenter Spaeth, seconded by Councilmember Neils, to adopt RESCLVINI N0, 78-261, A RESOLUTION REDUCING DEVELOPMENT BOND FOR GLEASOK NORTH ADDITION (A-752) TO THE AMOUNT OF $23,278.00. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Councilmember Neils, to adopt RESOLUTION NO. 78-262, A RESOLUTION AUTHORIZING ROUTINE MAINTENANCE AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CERTAIN FRONTAGE ROADS ALONG T.H. 55. Motion carried on a Roll Call vote, five ayes. Council discussed whether the City st.ould be responsible maintaining the landscaping on the remnant parcels Metram Properties wishes to deed back to the City. RESOLUTION NO, 78-260 ORDERIN6 REPORT FOR STREET LIGHTING MISSION HILLS PARK 4TH ADDITION Item 7-E-1* ACCEPTING PETITION FE'RNBROOK LANE SANITARY SEWER PROJECT NO. 804 RAUENHORST CORP, Item 7-E-2* RESOLUTION NO, 78-261 BOND-GLEASON NORTH ADDITION (A452) Item 7-F* RESOLUTION NO, 78-2.62 AUTHO G MAINTENANC AGREEMENT WITH PIN DOT Item 7-G* for METRAM PROPERTIES QUIT CLAIM DEEDS A-683) Item 7-H MOTION was made by Councilmember Neils, seconded by Councilmember Spaeth, to direct staff to contact Metram Properties and recommend consolidation of the rrmnant parcels adjacent to new County Road 9 with the shopping center as opposed to public dedication of the land, Motion carried, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Spaeth, to adopt RFSOLUTIUN NO. 78 263, A RESOLUTION DENYING IMPROVEMENTS ICOR SYCAMORE AND ROSlWOOO LANES AND 15TH AVENUE, PROJECT NO. 9149 FOR 19760 MOTION TO AMEND was made by Councilmember Spaeth, seconded by Councilmember Neils, by placing this improvement on the 1979 Capital Improvement Program. Motion to amend carried, five ayes. Motion to adopt Res%olutir.fi No. 78-264, as anendod, carried on a Roll Call vote, five ayes, 105- RESOLUTION NO. 78-263 DENYING iF1 RRVEIENT ROSEWOOD/SYCAMORE LN. PROJECT NO. 814 Item 7-1 ` Regular Council Neeting Miy 1, 1978 Page 106 John Chri Mian, Hennepin County Park Reserve district, displayed a mapust itUng the Regional Trail Corridor proposed within Hennepin County and requested, that Council approve the Joint Powers Agreement covering the trails within Frlymouth. NOTION was made by Councilme+nber Seibold, seconded by Councilmember Neils, to adopt RESOLUTION NO. 78464, A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH HENNEPIN COUNTY PARK RESERVE DISTRICT COVERING REGIONAL TRAILS WITHIN PLYMOUTH AND DIRECTING EXECUTION BY THE CITY MANAGER. Notion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND CCOMMISSIONS^ MOTION was mac.. by Councilmember Spaeth, seconded by Councilmember Seibold, that the City give East Medicine Lake Beach park to the State or the Department of Natural Resources, including all the Improvements that the City has made to the property. John Christian, representing thO NAnneDln County Park Reserve stri , in icated he was i7ware- of the background regarding this motion and felt another alternative would be to lAase the property and/or enter into a temporary agreement (up to 3 years) with the City to provide a temporary boat access. This agreement, he suggested, might remain in force until the Medicine Lake Regional Park boat access is developed. RESOLUTION NO. 78464 AGREEMENT WITH _ HENNEPIN COUNTY PARK RESERVE DISTRICT REGIONAL TRAIL CORRDAF Item 7-J MEDICINE LAKE ACCESS Item 8-A Council discussed various alternatIves for providing and maintaining a public access to Medicine Lake at the East Beach park and the City's past experiente with boat launching on that site. Attorney Lefler stated since the property was acquired by 100% state and federal funding because it would be accessible to a great many county residents and the City agreed to provide a boat launching facility, it was his opinion that the City had the obligation to provide a public access to the lake on that site. SUBSTITUTE NOTION was n;ade by Councilme+aber Neils, seconded by Councilmember Spaeth, to direct the staff to work with the Hennepin County Park Reserve District towards the objective of the Park District assuming temporary responsibility for the East Beach park including provision of a temporary boat access with funding from the DNR. Motion carried, four ayes. Councilmember Seibold voted nay. Bob Scribner, president of AMLAC, stated if either beach must be closed to swimming, it should be the west Beach since it was not a good swiunning area for children. 106- J Regular Council lieeting Mey { . 191 Page 1.07 Council reviewed the Policies General Legislation Comuittee Municipalities for the 191940 suggested the addition of tho cities of the first class. proposed to be revtewec by the of the Association of Metropolitan policy document. Mayor husgt Zack of special assessment to Counciijnvaber Spaeth requeste4 staff to come back to Council with a re.vised policy for park dedication fees. The meting waS adjourned at 11:30 p.m* 107- AM 1979-80 LEGISLATIVE Item 8-8 PROPOSED POLICIES PARK DEDICATION FEE r Ci ty Clerk