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HomeMy WebLinkAboutCity Council Minutes 08-28-1978 SpecialII Page 219 MINUTES SPECIAL COUNCIL MEETING August 28, 1978 A special meeting of the Plymouth City Council was called to order by Mayor Hunt at 7:40 p.m. in t'Je Council Chambers of the Public Works Building At 14900 Twenty- third Avenue North otic August 28. 19780 PRESENT: Mayor Hunt, Councilmembers Hoyt, Neils and Spaeth, Manager Willis, Administrative Assistant Boyles, Engineer Moore, Planner Treiinre and Attorney Lefler, ABSENT: Councilmenber Seibold, CONSENT AGENDA* MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to approve thc, items on the Consent Agenda with the exception of Items 11 and 12, Notion carried on a Roll Call vote, four ayes, MINUTES MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to approve the minutes of the August 21 regular Council meeting as submitted, Motion; carried on a Roll %all vote, four ayes, Cons0 ting Engineer Olson reviewed an analysis of the Storm Drainage System in the area of 24th Avenue North west of Dunkirk Lane which had severe flooding after heavy rains in July, Mr, Olson made the following recommendations to solve the drainage problems In that area: 1) construct a control structure for Pond GL -P5 downstream of 25th Avenue; 2) provide an adoitional 2.5 acre-feet of storage in Pond GL -P3 (from 7,5 to 10 acre-feet); 3) construct a cont -vi structure for Pond GL -P7 adjacent to Dunks: k Lane, John Garveu, 15720 - 24th Avenue North, sated he believed the culvert r 24th Avenue was not large enough to handle the runoff from the north and west of his home and asked if removal of the elm trees along the creek and dredging the channel would not increase the flow of water through the 24th Avenue culvert causing even greater flooding, He also questioned the purpose of the control gate on Ponderosa Pond, Engineer aes0etic the pond si;tation Olson stated the gate on Ponderosa Pond was installed for purposes to keep the water at a minimum level oit presently does not contain the and must be dredged, necessary storage capacity because of If the ponds in the drainage system 219- CONSENT AGENpA* Item 4 MINUTES - REfULAR COUNCIL MEETIN3 AUGUST 21, 1978 Item 5* DRAINAGE PROBLEMS 24TH AVENUE WEST OF DUNKIRK LANE Item 15 Special Council Meeting August 28, 1978 Page 220 contained the required storage capacity, the culvert on 24th Avenue w*0d be adequate to handle the run-off from the district. He sug- gested other marshy areas in district that could be developed into ponds to provide additional storage capacity for the district. Mayor Runt commented that the storm drainage system was built to a 10(1 -year storax capacity and accordingly houses are being built one foot above the 100 -year storm mark. If heavier rains than this occur, there is iv guarantee these houses will not be fla.)ded. Doroth Nkrr, 16710 - 24th Avenue North, expressed concern about the possibility of a pond being developed in the marsh between 24th and 25th Avenuas which is directly behind here home. Mayor Hunt replied if such a pond was developed it would be a storm improvement project and would require a public hearing. Mrs. Kert also questioned the removal of healthy elms along the creek behind her home since she felt they had absorbed some water. Manager Willis replied the trees were holding back much more water than they were absorbing and they were removed in an effort to keep the channel clear. It is also proposed to clean out the channel in the near future. Margaret Garvey, 16720 - 24th Avernie North, stated they had 12 in, of water ntfieT sement and 30 in, of water outside their home during the July 7 storm. She felt measures should be taken immediately to p,*vent a reoccurence of this situation. Robert Stuart, 16800 - 24th Avenue North, asked what would be done to correct tie storm drainage problem on 24th Avenue. Mayor Hunt re- plied the Council will consider the information provided at this meeting and direct the stct f to make a complete investigation of the problems in the storm urainege system in this district and come back with recommendations for solutions in a few weeks. James A. 8eltz: 16725 - 24th Avenue, stated he felt a bigger culvert on 24th Avenue would not alleviate the situation and felt the creek was not functioning adequately as a storm sewer as it was intended. There was a discussion of the adequacy of the storage capacity of Pond GL -P5 and the possibility of adding further storage capacity to Pond GI -P4. MOTION was made by Councilmember Spaeth, seconded by Hoyt, to remove the Dards on Pond GL -P5 fimiediately larger ponding area until the drainage problem in th+ resolved and to replace the boards Shen the level of gone down. Motion carried, four ayes, 220- Counc i lmember to create a district is the pond has I Special Council Meeting August 28, 197b Page 221 NOTION was made by Mayor Hunt, seconded by Councilmember Neils, to direct staff to research the amount of storage lost to main- tain the aesthetic value of a oond, the requirements for place - wit of homes in relation to the high water mark and return to Council with recommendations for maintaining a 3 cfs outflow in the drainage system. NOTION TO AMEND was made by Councilmember Neils, seconded by Mayor Hunt, to identify the acre-feet of storage with present profiles and grades within the limits of the recorded drainage easements, Notion to amend carried, four ayes. Main nwtion carried, as amended, tour ayes, MOTION was made by Councitmember Spaeth, seconded by Mayor Hunt, to approve the engineer's recommendation to provide an additional 2.5 acre-feet of storage in Pond GL -P3. Motion carried, four ayes. MOTION was made by Councilmember Neil, seconded by Councilmember Spaeth, to direct staff to conduct a study to determine the control effect that an outflow structure on Pond GL -P5 would have on the water elevation of Pond GL -P3 and survey the lowest basement and house elevations around Pond GL -P3. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Hoyt, to study Pond GL -P4 to determine if additional city may be added and what effect it would have, Motion carried, four ayes. Councilmember storage capa- MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to direct staff to prepare appropriate criteria for walk -out levels, as well as normal basement construction, to establish acceptable floor levels with respect to ponding and drainage and propose administrative processes by which they may be controlled. Motion carried, four ayes. Mayor Hunt requested that the obove reports be presented at the first meeting in October, Jim Guddal, 4465 held to scuss Coen i.y Rr,sd 9 to still a question person who owns 600 feet and als Vicksburg Lane, reoorted on neighborhood meetings the proposed improvement of Vicksburg Lane from County Road 47, Project h01. He stated there was about the deferment policy as it applies to a more than 300 feet of frontage but less than o questioned the length of the deferral veriod. 221- IMPROVEMENT PROJECT VICKSBURG LAN'' HWY. 55 TO C.R, 47 PROJECTS 801 & 853 Item 13 Special Council Meeting August 28. 1978 Page 222 Councilaember Neils replied a parcel with under 600 feet of frontage would be assessed for the entire frontage. He explained the assess- ment policy and the prcposed deferral policy and stated the time limit for the deferral has nnt been set yet. Mr. Guddal reported the consensus of the meetings was that residents felt they do not enjoy the use of an average residential street since Vicksburg is a City thoroughfare, but they would accept the assessment If they could get more assistance from funds availrble to the City. They requested the Council to consider using a larger portion of M.S.A, funds to assist in the construction of this portion of Vicksburg Lane. Council reviewed the M.S.A. balance sheet and the proposed allocation of funds for 1979, Dwaine Johnson, 5110 Vicksburg, stated Lhe project would be more accept- able to res ents if it res assessed on a 50-50 basis. He inquired whether the deferred essesement, when it came Due, would be payable in one lump sum. Mayor Hunt replied at the time the deferred assessment period expires, an assessment roll will be prepared for the normal 10 -year assessment period. Mr. Johnson requested that Council consider a defer- ment policy that would enable resi;'ent: with large parcels who wish to continue to live there and not dev:lop their property t: defer the assess- ment for a longer period or spread the assessment over a longer period. Engineer Olson spoke on the requireme,its for right-of-way for Vicksburg Lane. He stated the road will be built within the present 66 ft, right- of-way, but in areas where. the road must be raised or lowered, the rb- quirement for construction of backslopes Will require additional right- of-way. In some areas the City would acquire temporary construction easements to accomplish moving of earth. These easements will expire after the project is completed and the property will be restored 04 seeding or sod, as appropriate with the land adiacent. Mayor Hunt recommended that the cost of the easements not be 1%luded in the M.S.A. portion of expenditures and be recovered by assessment. M.S.A. funds would be applied only to actuel construction costs. MOTION was made by Cuuncilmember Spaeth, seconded by Mayor !aunt, to direct the Assessment Committee to work out a 3.a-50 assessment for the improvements on Vic:ksburq Lane frm Cnunty toad 9 to County Road 47. MOTION TO WaD was made by C:iuncilmember Neils, seconded by Council- mber Hoyt, that 1) a floor of $19.00 per assessable front foot be established with 50-50 fundiag if the project cost mare and ?.) final determination of .Post sharing shall be made before bids are awarded, Motion to amend ce.rried, four ayes. Main motion carried, a3 amended, four ayes, 222- Special Council Meeting Auijst 26, Wt Page 223 MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0. 78-528. A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICt• TIONS FOR IMPROVEMENTS ON VICKSBURG LANE FROM COUNTY ROAD W TO COUNTY ROAD 470 PROJECT NO. 801. MOTION TO AMEND was made by Mayor Hunt, seconded by Counc.1- member Spa9th, that the fine) design take into consideration from a safety standpoint the grading and turning lanes at the intersection of Vicksburg with :bunty Road 9, County Road 47 and the railroad tracks. Motion to amend ,tarried, four ayes. MOTION TO AMEND was made by Mayor Hunt, seconded by Council - member Spaeth. that the final design include a total inventory of trees and a plan for saving as many as possible. Motion to amend carried, four ayes. Motion to adopt Resolution No. 78-528, as amended, carried on a Roll Call vote, four ayes. MOTION k93s made by Councilmeoiber Spaeth, seconded by Council - member Neils, to adopt RES'LUTIGN NO. 78-529, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICA- TIONS FOR IMPROVEMENTS ON VICKSBURG LANE FROM HIGHWAY 55 TO COUNTY ROAD 90 PROJECT NO. 853, with turning lanes as proposes! in Resolution No. 78-417 at Highway 55. Notion carried on a Roll Call vote, four ayes. Council recessed from 9:45 to 9:55 p.m. Manager Willis requested that Item 6, Final Plat of Sunrise Bay Estates be deferred until the staff :end developer have reviewed the development for compliance with the approved site elan. Manager Willis, reviewed the revised General Development Pian for Pl-miouth Hills Addition, submitted by t!., P1 y.nouth Hills Company, particularly noting the changas prti•^>:ed in the parcels abut::ir.3 Rignway S5. Council questioned Fr -ink i.arsen, developer, about the proposed locationsfor the auto care center and the spc,rting goods retail stere. Mayor Hunt stated the lots along Highway 55 will set the architectural and aesthetic concept for the entire area and Con(Al will retain control of the develop- ment of these sites at the time of site plan approval. Counc I I mefter Spaeth agreed it was not necessary to deal with specific: lots at the time of General Development Plan approval, he questioned the park dedicPt.ion specified in the devel.,pn*nt contract. Mr. Larsen replied thatl0 acres of parkland have been dedicated for the 32 acres below 36th Avenue and that 91.1 acres above 36th is all residential and being developed with open space amenities, Approximately 36 acres of park and 29 acres of roadway are being dedicated for the development of 170 acres. 223- RESOLUT"ON NO. 78-528 FINAL. PLANS b SPECS PROJECT N0, 801 VICKSBURG LANE SROM C.R. 9 TO C.R. 47 Item 13 RESOLUTION NO. 78-529 ORDERING IMPROVEMEN FINAL PLANS 6 SPECS PROJECT NO. 853 VICKSBURG LANE FROM HWY. 55 TO C.R. 9 Item 13 FINAL PLAT APPROVAL SUNRISE BAY ESTATES I tear 3 PLYMOUTH HILLS ADDN. REVISED GENERAL DEVELOPMENT PLAN/ FINAL PLAT (A-675) Item 7 Special Council Meeting August 28, 1978 Page 224 There was a discussion of Pow the requjrements of the newly - adopted Flood Plain Ordinance would affect the park dedication requirements.of the Plymouth Hills development contract. Councilmember Neils stated the opert space in the development plan aces not necessarily constitute park dedication from the developer. Thtre was further discussion of the creekway cor- ridor, proposed parkland and storm drainage requirements. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION .VO. 78-530 member Spaeth, to adopt RESOLUTION N0, 78-5300 A RESOLUTION APPROVING EVISED APPROVING REVISED GENERAL DEVELOPMENT PLAN FOR PLYMOUTH HILLS GENERAL DEVELOPMENT COMPANY FOR PLYMOUTH HILLS ADDITION (A-675). PLAN -PLYMOUTH HILLS A-675) Item 7 MOTION TO AMEND was made by Councilmember Spaeth, seconded by Councilmember Neils, to delete Condition 8 and substitute the following: "Final use for lots 6 and 7, Block 1, shall be de- termined by the nature of individual site plans as they relate to the overall plan." Motion to amend carried, four ayes. Motion to adopt Resolution No. 78-530, as amended, carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0, 7L-131 member Hoyt, to adopt RESOLUTION N0, 78-531, A RESOLUTION REVISEVCONDITIONALUSEAPPROVINGREVISEDCONDITIONALUSEPERMITFORPLANNEDUNITpERMI;•PLYMOUTH BUSINESS) DEVELOPMENT FOR PLYMOUTH HILLS COMPANY FOR PLYMOUTH HILLS MPUD (A-675) HILLS ADDITION (A-675). Item 1 Motion carried -in a Roll Call vor.e, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 78-532 member Neils, to adopt RESOLUTION NO. 78.5321 A RESOLUTION APPROVING FINAL P APPROVING FINAL PLAT AAD DEVELOPMENT CONTRACT FOR PLYMOUTH DEVELOPMENT CONTRACT HILLS ADDITION FOP,".iiE PLYMOUTH HILLS COMPANY (A-675). PLYMOUTH HILLS (A-675', Item 7 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION N0. 78-533 member Hoyt, to adopt RESOLUTION NO. 78-533, A RESOLUTION SETTING C T SETTING CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLAT FOR FINAL PLAT OF PLYMOUTH HILLS ADDITION FOR THE PLYMOUTH HILLS LOMPANY PLYF4QUTH HILLS (A-675; A-675). Item 7 MOTION TO AMEND was made 5Y Mayor Hunt. seconded by Council - member Neils, adding Conditinn 6 requiring `'ut%.", park re- quirements to ba addressed atthe time of final plat. ipproval of the remaining outlots .ith the final acreage to be consistent with City policy. Motion to amend carried, four ayeez. 224- Special Council Meeting August 28, 1978 Page 225 MOTION TO AMEND was made by Mayor Hurt, seconded by 1'ouncilmember Neils, adding Condition 7 requiring the final percentage of cash requirements to meet the 25 percent requirement for public: im- provements tot be determined at the time bids are accepted for the projects. Motion to amend carried, four ayes. Notion to adopt Resolution No. 78-533, as amended, carried on a Roll Call vote. four ayes. Mayor Hunt rcoquested the Assessment Committee to work on the con- ditions related to park dedication for Plymouth Hills Addition. NOTION was made by Councilmember Spaeth, seconded by Council- mx:nbe.r Hoyt, to adopt RiSOLUTION X10. 78-534, A RESOLUTIL1N AWARDING BID FOR PROJECT NO. 812, •.TELL NO. 5, TO E.N. RENNER b SONS. INC. IN THE AMOUNT OF $72,639.00. Motion carried on a Roll Call vote, Four ayes. MOTION was made by Councilme:abier Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-5359 A RESOLUTION DECLARING ADEQUACY OF PE71TIGN AND ORDERING PREPARATION OF REPORT FOR STREET LIGHTING - NATHAN TRAILS ADDITION (A-698). Motion carried on a Roli Call vote, foitr aye.,. MOTION was made by Councilmember Spaeth, se-onded by Council - member Hoyt, to adopt RESOLUTION NO. 78-5360 A RESOuLITION SETTING PUBLIC HEARVC, ON PROPOSED ASSESSMENT FOR PRO.)ECT NO. 506 - T.H. 101/CCUITY ROAD 6 FOR THE LATH DAY OF SEPTEMBER 1978 AT 7:30 P.M Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION N0, 78-537, A RESOLUTION SETTING PUBLIC HEARING ON PROFOSEU ASSESSMENT FOR PROJFCT NO. 605-001 - COUNTY ROAD 6 AND FERNDC LE ROAD WATERMAIN FOR THE 18TH DAY OF SEPTEMBER, 1978 AT 7:3i P.M. Motion carried on a Roll Call vc te, four .!yes. MOTION was made by Councilmember Spaeth, sec.anded by Council - member Hoyt, to adrpt RESOLUTION NO, 78-538, A RESOLUTION SETTING PUBLIC hEARING ON NROOOSED ASSESSMENT 16OR PROJECT NO. 116 - PINETREE STOP.M SEWER FOR THE 18TH DAY OF SEPTEMBER, 1978 AT 7:30 P.M. Motion carried on a Roll Cell rote, four ayes. 22y- RESOLUTION NO. 78.534 AWARDING 810 FOV PROJECT b0. 812 WELL N0, 5 Item 8* RESOLUTION NO. 78-535 WEPTINd FETI -_ ORDERING REPKT NATHAN TRAILS ADDITIO: STREET LIGHTS A-698) Item 9* RESOLUTION NO. 78-536 SETTING PUBLIt HE N( PROPOSED ASSFSSME";T PROJECT NO. 506 . T.H. 101!C.R. 6 Item 10* RESOLUTION NO. 78-537 SETTIAG PUBEIC HEARIN PROPOSED ASSESSMENT PROJECT NO. 605-001 C.R. 6 8 FERNDALE WATERMAIN Item 10* RESOLUTION N0. 78-558 fir( PROPOSED ASSESSMENT _ PROJUCT NO. 116 PINETREE STORM SEWER I tem 10* Special Council Meeting August 28, 1978 Page 226 RESOLUTION MOTION was made by Councilmember Spaeth, seconded by Council- NO. 78-539 member Neils, to adopt RESOLUTION NO, 78439. A PSOLUTION ORDERIMULIC ORDERING PUBLIC HEARING ON THE PROPOSED STREET VAi".ATION ON HEARING -STREET NIAGARA LANE NORTH OF 23RD AVENUE FOR SEPTEMBER Ido 1978 VACATION ON NIAGARA L: AT 7:30 P.M. NORTH OF 23RD AM Item 11 Motion carried on a Roll Ca'il vote, four ayes. MOTION was made by Councilnn ber Spaeth, seconded by Council. RESOLUTION MO. 78-540 member Neils, to adopt RESOLUTION NO. 78-540, A RESOLUTIO"1 ORDERING ORDERING PUBLIC HEARING ON THE PROPOSED EASEMENT VACATION HEARING -EASEMENT N OUTLOT A, BELMAR'S INDUSTRIAL PARK, FOR DRAINAGE STREET VACATION ON OUTLOT A AND UTILITY PURPOSES. BELMAR'S IND. PARK Item 12 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION N0. 78-541 member Hoyt, to adopt RESOLUTION N0, 78-541, A RESOLUTION AMENDING DEVELOPRW AMENDING DEVELOPMENT CONTRACT FOR BURL OAKS ADDITION (A-792). CONTRACT FOR BURL OAKS ADDITION (A-792) Motion carried on a Roll Call vote, four ayes. Item 14 MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-542 member Hoyt, to adopt RESOLUTION NO. 78-542, A RESOLUTION APPROVINg WSALr APPROVING ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE FOR NON-INTOX. MALT J'S RESTAURANT FOR A PERIOD TO EXPIRE JUNE 301 1979, LIQUOR LICENSE Item 16-A-1* Motion carried on a Roll CAII vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-543 member Hoyt, to adopt RESOLUTION NO. 78-543, A RESOLUTION APPROVING OFF-SKE APPROVING OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSES FOR NON-INTOX. MALT IGA FOOD VILLAGE AND HOLIDAY STATIONSTORE FOR PERIOD TO LIQUOR LICENSES EXPIRE JUNE 30, 1979, Item 16-A-2* Motion carried on a Roll Call vote, fcur ayes. MOTION was made by Cou;icilmember Spaeth, seconded by Council- RESOLUTION N0. '8-544 member Hoyt, to adopt RESOLUTION N0, 78-544, A RESOLUTION APPROVING CIGARETTE - APPROVING CIGARETTE LICENSE APPLICATIONS FOR WAGNER-SPRAYTE,CH, LICENSES FOX MEADOWS AND J'S RESTAURANT FOR PERIOD TO EXPIRE DECEMBER Item 16-B* 31, 1978. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Courcil- RESOLUTION N0. 78-545 member Hoyt, to a.:opt RESOLUTION N0, 78-545, A RESOLUTIOA D SIC DESIGNATING POLLING PLACES FOR PRIMARY ELECTION ON SEPT'.MBER PLACES FOR PRIMARY 12, 1978, ELECTION 9/12/7 Item 17 Motion carried on a Roll Call vote, four ayes. Meeting was adjourned at 12:10 a.m. c,,. j 4 1_•L LL ty Clerk 226- 1