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HomeMy WebLinkAboutCity Council Minutes 08-21-19780 MINUTES REGULAR MtMCIL MEETING August 21,, 1978 A regular meeting of the Plymouth C%ty Council was called to order by Mayot'Hunt at 7:35 p.m. in the Council Chambers of the Public Works Building at 14900 Twenty- third avenue North ars August 31. 1978. PRESENT:, Mayor Munt.'Councilmembers Neils and Spaeth, Administrative Assistant Sayles, Engineer adore. Planner Tremere and Attorney Lefler, Council - member Hoyt arrived at 7:45 p.m. ABSENT: Counci l membe r Se i trot d . CONSENT AGENDA* MOTION wi,s made by Councilmember Spaeth, seconded by Council- CONSENT AGENDA* member Neils, to approve the items on the Consent Agenda with Iters 4 the exception of items 7-F.-1. 2 and 3. Motion carried on a Roll Call vote. three ayes. MINUTES NOTION was made by Councilmember Spaeth. second;rd by Courril- MINUTES - SPECIAL menber Neils, to approve the minutes of :he August 14 special COUNCIL MFETING Council meeting ds «ibmitted. AUGUST 141, 1978 Item 5* lotion ra rried, three aye;. PUBLIC HEARINGS A. STREFr VACATION - EAST STREET - CARLSON PROPERTIES (A -l94) Mayor Hunt r!viewed Carlson Properties' petition for vaca- tion of old East Street as platted in the old plat of Parker's Lake Gardens (now part of Lot 3, Block 4. Minneapolis Industrial Park 2nd Addition) and announced that notice of the hearing was published in the Plymouth Post. Mayor Hurt opened tho public hearing at 7:39 p.m. No one chose to speak an:! toe hearing was closed at 19 p.c. MOTI%1N was made !,y Councilmember naeth, secorded by Council- memtier Neili, to adopt RESOLUTION 'NO, 78-5140 A RESOLUTION AUTHORIZING VACATION OF A PUBLIC RIGHT-OF-WAY IN LOT 3, BLOCK 41 MINNEAPOLIS INDUSTRIAL PARK 2ND ADDITION (A-794)0 tiun ci rried on a Roll Call vote, three ayes. 213- PUBLIC HEARING STREET VACATION-EAS,f ST. CARLSON PROPERTIES (A-794; Item 6-A RESOLUTION N0, 78-514 A11THORTZING TT7`ATWOF EAST STREET (A-794) Item F -A 01 1 August 21, Page 214 J. . - . j 1978 B. EASEMENT VACATION - LOTS 3 & 4 - CIRCLE STAR BUSINESS CENTER LND ADDITION - RAUENHORST CORPORATION (A-191) Mayor Hunt reviwred Rauenhorst Corporation's request for vacation of the easement lying 6 feet on either side of the boundary line between Lots 3 and 4 in Circle Star Business Center 2nd Addition and announced that notice of the hearing was published in the Plymouth Post. Mayor Hunt opened the public hearing at 7:40 p.m. No one chose to speak and the hearing was closed at 7:40 p.m. MOTION wee mane by Councilmember Neils. seconded member Spaeth, to adopt RESOLUTION N0, 78-515. A AUTHORIZING VACATION OF' EASEMENT ON LOTS 3 AND 4 STAR BUSINESS CENTER 2ND ADDITION (A-191). Motion carried on a Roll Call vote, three ayes. PETITIONS,.REQUESTS AND COMMUNICATIONS PUBLIC HEARING EASEMENT VACATION LOTS 3 & 4 CIRCLE STAR BUSINESS CENTER 2ND ADN, RAUENHORST CORP. (A-191) Item 6-B by Council- RESOLUTION NO. 78-515 RESOLUTION AUTRORIZING VACATWOF OF CIRCLE EASEMENT LOTS 3 & 4 CIRCLE STAR BUSINESS CENTER 2ND AODN (A-191) Item 6-B Mayor Hunt reviewed Union City Mission's request for Council to authorize issuance of $1,700,000 of temporary Industrial Development Revenue Bonds for a period not to exceed two years. Councilmember Neils expressed concern that the character of the Mission has changed from a private institution doing social work to a private institution doing contract work for the County. Leonard Bakke, Administrator of Union Ci+y Miss4o;1, replied tryare—involved with services that are paid for by private insurance or by contract with 0e County. they also maintain adequate free fed allowance so they do not have to turn rNnyone away, which keeps them within the intent of the corporation. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-516, A RESOLUTION REAFFIRMING PRELIMINARv APPROVAL OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE MINNESOTA COMMISSIONER OF SErURITIES FOR APPROVAL: AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND THE PREPP4FtNTIOi4 OF NECCSSARY DWUMENTS. Motion carried on a Roil Call vete, twa aye%. Council, member Neils voted nay. Councilmember Hoyt arrived at 7:45 d1m. 214 INDUSTRIAL, DEVELOPMENT REVENUE BOND FINANCING UNION CITY MISSION I tem 7- A RESOLUTION NO. 78-51C PREEIR, AMOVAL INDUSTRIAL I)EVELOPMENT REVENUE BON[ FINANCING UNION CITY MiSSiON Item 7-A Regu ar ,om eti ng August 21, 1478 Page 215 MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO.78-517, A RESOLUTION AMENDING RESOLUTION NO. 78-461 APPROVING SITE PLAN FOR HAPPY CHEF RESTAURANT AT THE SOUTHWEST CORNER OF FERNBR00K LANE AND HIGHWAY 55 (A-830) APPROVING USE OF A ROOF SIGN IN LIEU OF THE. JOINT PYLON SIGH. Motion carried on a Poll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-518, A RESOLUTION APPROVING JOINT PYLON SIGN FOR CIRCLE STAR BUSINESS CENTER 3RD ADDITION FOR RAUENHORST CORPORATION (A-830). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, Lo adopt RESOLUTION NO. 78-519, A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR A DAY CARE CENTER FOR ST, MARY'S OF riE LAKE CHURCH (KATHLEEM DAYT0N) (A- 503) . Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-520, A RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE LICENSE AGREE- MENT WITH SOO LINE RAILROAD FOR THE CONSTRUCTION AND OPERATION OF WATERMAINS ON THE RAILROAD'S RIGHT-OF-WAY AND CHARGING ANY COST TO PROJECT NO. 8109 ZACHARY LANE WATERMAIN. Motion carried on a Roll Call vote, three ayes. Sol Segal_, developer of Schmidt Lake Woods, requested that tho holdback specified in his development contract for Schmidt Lake Woods 1st and 2nd Additions be reduc d to less than the 20% required for the work that has been completed because it would create a hardship on him if these sums were held back for work already Completed. he stated the work completed in the 1st Addition was as follows: streets, sanitary sewer and watermain systems, storm sewer systems, and pond and dit-%.h construction on the outlots in the northeast section. Thi3 would leave approximately $25,500 to finish sodding, street signs, street sweeping, pa+•k maintenance and sediment control. In the 2nd Addition he state) street construction was com- pleted except for the wear course and utility construction has been completed and accepted by the City. This should result in a holdback of $12,129.60. Engineer Moore stated the proposed bond reductions had been prepa*d on the basis that monies cannot be released to less than 29% of the street contract. lic reviewed the work completed in the 1st Addition and recormended that the bond be reduced to 28,100 and then reviewed the work completed in the 2nd Addition and recommended that the bond be reduced to $13,360. 215- RESOLUTIOy NO. 78-517 AMEN61NG78- APPROVING SITE PLAN FOR HAPPY CHEF RESTAURANT A-830) Item 7-B RESOLUTION NO. 78-518 SIGN FOR CIRCLE STAR BUSINESS CENTER 3RD ADN. RAUENHORST CORP. (A-830) Item 7-8 RESOLUTION N0, 76-519 APPROVING tONDITIN USE PEWIT -DAY CARE CTR. ST, MARY OF THE LAKE KATHL:EN DAYTON)(A-503) Item 7-C* RESOLUTION NO. 78•-520 AUTHORAUTHOR12ING OCENSE AGREEMENT WITH SOO LINE R.R. - ZACHARY LANE WATERMAIN - PROJECT 810 Item 7-D* BOND REDACTIONS SCHMIDT LAKE WOODS IST & 2ND ADDITIONS A-681) Item 7-E F .gu ar ounc August 210 1978 Page 216 Council discussed the 20% holdback requirement In development contracts and agreed it was, excessive. They considered reducing the holdback to 5% or 10%. Councilmember Spaeth suggested reducing it to 5% and holding this sum for a longer period than one year. Fick Sathre, engineer for Mr. Segal, questioned the sodding re- quirement in the development contract. Several lots in Schmidt Lake Woods will not be built on for several and he asked if those lots must be sodded until they are built on. Council agreed sod was nut required but the lits should be seeded to prevent soil run-off And erosion. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-5210 A RESOLUTION REDUCING DEVELOPMENT BOND FOR SCHMIDT LAKE WOODS (A•'^1) TO THE AMOUNT OF $281500 TO REFLECT THE COMPLETED WOh Motion carried on a Roll Call vote, four ayes. MOTION was made by Ccuncilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO.. 78-5229 A RESOLUTION REDUCING DEVELOPMEN'i BOND FOR SCHMIDT LAKE WOODS 2ND ADDITION A-681) TO THE AMOUNT OF $13t360 TO REFLECT THE COMPLETED WORK. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmenher Neils, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 73-523, A RESOLUTION REDUCING OEVE:OPMENT BOND FOR PALMER CREEK ESTATES 2ND ADDN. A•.567) TO THE AMOUNT OF $7,805.50 TO REFLcCT THE COMPLETED W0kK% Motion carried on a Roll Call vote, four ayes. Administrative Assistant BoyleL reviewed his report on the storm drainage system problems at Fire Station No. 2. fie stated installation of drain tile below ground has been completed and the architect and contract recommended that the roof drainage system be revised. Also, the bondir0 com- panies of W. H. Cates Construction and McClure -Kelley have not yet determined who is responsible for this additional work. C,,)uncilmember Spaeth suggested remedies for solving the moisture problems at Fire Station No. 2, but Council agreed the architect and contractor should resolve the problem of who should bear the responsibility for these revisions. MOTION was made by Councilmernber Spaeth, seconded by Council - member Neisl, to adopt RESOLUTION NO. 73-524, A RESOLUTION APPROVING OFF -SALE NON- INTOXICAT If6 MALT LIQUOR LICENSE RENEWAL FOR ERICKSON'S SUPER VALU FOR A PERIOD TO EXPIRL JUNE 30, 1979. Motion carried on a Roll CAII vote, three ayes. RESOLUTION NO. 78-521 REDUCTIONBOND SCHMIDT LAKE WOODS A-681) Item 7-E-1 RESL_JTION NO. 78-522 D SCHMIDT LAKE WOODS 2ND ADDN. (A-681) Item 7-E-2 RESOLUTION NO. 78-523 ION PALMER CREEK ESTATES 2ND ADDITION (A-667) Item 7-E.3 FIRE STATION NO. 2 STORM DRAINAGE SYSTEM Item 7-F RESOLUTION NO. 78-524 FLIVIEMUTI f.1 INTOX. MALT LIQUOR ILICENSERENEWAL ERICKSON'S SUPER VA! Item 7-G* Regular Council Meeting At -just 21, 1978 Page 217 MOTION was made by. Cosmc 1 Imember Spaeth, seconded bl. Counc fil' member Hoyt, to adopt RESOLUTION N0, 78-5259 A RESOLUTION SUPPORTING CITY OF RICHF!ELD LAWSUIT CONTESTING PELRA COM- PULSORY BINDING ARBITRATION PROVISIONS AND AUTHORIZING THE SUM OF $100 PhYABLE TO THE LEAGUE OF MINNESOTA CITIES TO ASSIST IN FINANC:yG THE COURT COSTS. Notion carried on a Rc11 Call vote, four ayes. MOTION was made by Councilnember Spaeth, seconded by Council - member Neils, to rdopt RESOLUTION NO. 78-526, A RESOLUTION AUTHORIZING REQUEST FOR PAYMENT NO, 10 GENERAL CONTRACTOR IN THE AMOUNT OF $85,050.00 TO H.P. DROHER & SONS, INC. FOR CITY H; -.LL BUILDING PROJECT N0, 615. Mction carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-527, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 7 MECHANICAL CONTRACTOR IN THF 4MOUNT OF $290700.00 TO HORWITZ MECHANICAL, INC. FOR CITY HALE. BUILDING PROJECT NO. 615. Motion carried on a Roll Call vote, thine ayes. Engineer Moore reported that the contractor working on Niagara Lane, Veit b Company, Inc., encountered a problem with the sub- base of approximately 350 ft. of the street next to City Hall which will necessitate the removal of the soil and replacement with a suitable granular material at a cost of $7,200. RESOLUTION NO, 78-525 RICHFIELD LAWSUIT Item 7-H RESOLUTION N0, 78-526 E GENERAL CONTRACTOR CITY HALL -PROJECT #615 Item 7-I* RESOLUTION NO. 78-527 REQUEST FOR PAYRERT MECHANICAL CONTRACTOR CITY HALL -PROJECT #615 Item 7-1* NIAGARA LANE CONSTRUCTIC. MOTION was made by Councilmember Neils,, seconded by Council - member Spaeth, to direct the City Engineer to prepare a change order to the contract with Veit & Company, Inc. for construction of Niagara Lane in accordance with the City Engineer's reco mendation. Motion carried, four ayes. Councilmember Spaeth repo rteo on the progress of the I-394 I-394 STUDY COMMITTEE Committee stating thrL it was suggested that two sub -committees be formed designating the eastern portion to Highway 12 to one and the western portion to the other, with the mid -point possibly at County Road 18 or Highway 73. Mayor Hunt directed staff to prepare a resolution for the first meeting in September supporting this project. Mayor Hunt reviewed Manager Willis' report and recommendation AFFECTED AREA EAW to initiate an Affected Area Environmental Assessment Worksheet DOWNTOWN PLYMOUTH/ EAW) for the Downtown Plymouth/Central Park Area voluntarily. t;ENTRAL NARK AREA 217- August 21, 1978 Page 218 MOTION was made by Mayor Hunt, Seconded by Cowilmember Spaetn, to direct staff to 'set up a preliminary meeting on an Affected Area EAW for the Downtown Plymouth/Central Park area witt Barton- Aschman Associates, inviting Sen. Staples, Rep, Heinitz, John Boland of the Metropol i tan Council and repro entati ves of the DNR and EnvironmentAl Quality Board, to determine the scope of the project and the area to be studied and to investigate the possi- il i ty of making this a pilot prcg.•am with the intent that indi- vidual EAW's will tiot be required within the Brea if they conform with the approved plan. Motion carried, four ayes. Councilmember Neils requested staff to prepare a consultant's agreement for this p;,oject to accommodate the consultant's participation in the preliminary meetings and to provide a process for phasing the contract so that payr*nt is not duplicated for work already accomplished by the consultant and providing the contract may be terminated at completion of any phase. Councilmember Hoyt reported on an accident involving a projecting MANHOLE COVERS manhole in the Ferndale North development and asked the Engineer to take action on Council's direction to blacktop around all manhole covers during street construction 1 ft. out for every 1/2 111. up and maintain teem in this condition. Mayor Hunt informed Counci 1 that he had received Wayne Stewart's PLANNING CO{IMISION resignation frim the Plannini Commission in District 4 and asked APPOINTMENT Council to consider other applicants to fill this position, and particularly to consider John Wire of the Board of Zoning Adjustment. MOT?JN was made by Mayor Hunt, seconded by Councilmember Spaeth, REVIEW tp) direct the Planning Commission to look at the present Comprehensive r.0 de Plan in relationship to land available for development in Plymouth, partiular•ly I-1 industrial -type areas, and inventory existing land left to be developed and come back to Council with recommendations if that land is depleting rapidly as to how we might cope with the problem to remain a viable community. Motion carried four ayes. Mayor hunt asked Cuuncil to meet jointly with the Punning Cu:imission on September 7 at 6:00 K.m. at thr Radi,,sol, Inn Plymouth to discuss upcoming business with the roiiiit Sion and NartIcularly to review the Goals, Object'vpi; ar.c' C -,feria adopted by the Council to determine if it should be revised. OF ;;OMPREHENS I VE IGUIDEPLAN COUNCIL/PLANNING COMSN. MEETING Mayor Hunt requested staff to investigate men^: %rf getting more 1979 BUDGET/CIP citizen participation in the public hearings for the 1974 Budget PUBLIC HEARINGS and 1979-1983 Capite-A Improvements Program. The meeting wts adjourned at 8:50 p.m. 219- CRY Clerk.-'