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.-'