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HomeMy WebLinkAboutCity Council Minutes 09-26-1978 SpecialPage 249 MINUTES SPECIAL COUNCIL METING September 26, 1978 A special meeting of the Plymouth City Council was called to order by Mayor Hunt at 7:50 p.m. in the Council Chambers of the Public Works Svilding at 14900 Twenty-third Avenue North on September 26, 1918. ' PRESENT: IMavor Hunt, Councilmembers Hoyt, Seibold and Spaeth, Manager Willis, Administrative Assistant Boyles, Engineer Moore, Planner Tremere and Attorney Lefler, ABSENT: Councilmember Neils. Council reviewed the October calendar and Mayor Hunt requested that review of the 5 -Year Capitn't Improvements Program be rescheduled fir the Cctober 16 vegular Council meeting with a public hearing scheduled in November, CONSENT AGENDA* MOTION made by Councilmember Hoyt, secont d by Councilmember Seibold. to adopt the items on the Consent Agenda as submitted. Motion carried on a Roll Call tote, four Yes. MINUTES MOTION was made by Counciluember Hoyt, seconded by Councilmember Seibold, to approve the minut%s of the September 18 regular Council meeting as submitted. Motion carried on a Poll Call vote, four ayes, Planner Tremere reviewed RobeMt. F. Linnell's appear of a Board of Zoning Adjustmear ruling denying him a 13 ft, variance for con- structioti of a detached garage 2 ft. from the site lot line. Petitioner is now requesting a 3 ft. setback which would require a 12 ft. variance. The Planner expalined the confusion caused by adoption of the new Zoning Ordinance after Petitioner's request was submitted changing the setback requirements. Staff's recom- mendation was to uphold the Board of Adjustment's findings. Robert ;{nneli, 9950 - 26th Avenue North, claimed if a variance Ns not gra teJ he would be forced to cut down a 50 year old oak tree on his property to move his garage farther back and it would result in lengthening his driveway, which would be a personal hardship for him since he suffers from a permanent disability due to a heart condition. Council discussed various alternat=.•:•s for placing the garage on the site. They inquired why Mr. Linnell had not taken the garage site into consideration when his house was constructed one year ago. 249- CONSENT AGENDA Item 4 MINUTES - REGULAR COUNCIL MEETING SEPTEMBER 18, 1978 Item 5* APPEAL OF ZONIr G ADJUSTMENT BOARD RULING -ROBERT LINK LL Item 6 Spectal Cnunci 1 Meeting September 26, 1978 Page 250 Mayor Hunt felt the garage should have been planned before the building permit was issued and that granting a variance in this case would set a precedent for other 5C ft, lots in the City. Councilmember Seibold felt it was not appropriate to grant a variance based on saving a tree, MOTION was made by Councilmember Spaeth, seconded by Mayor Hunt, to grant Mr. Robert Linnell a 12 ft. variance allowing him to place his garage 3 ft, from the site lot line. SUBSTITUTE MOTION was made by MP Bunt, seconded by Council- RiSOLUTION N0. 78-602 member Spaeth, to adopt RESGLUT: 10. 78-6029 A RESOLUTION DENYINC VARIANCE UPHOLDING RULING OF BOARD OF ZONING ADJUSTMENT AND DENYING REQUEST VARIANCE REQUEST BY ROBERT F. LINNELL AT 9950 - $26TH WiNII.F ROBERT F. LINNELL NORTH and FURTHER directing that the garage be relocated in Item 6 such a manner whereby it will meet the ordinance requirements in existence at the time the house was built and will be in conformance with the required 10 ft. sideyard setback. Notion carried on a Roll Call vote, four ayee.. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO, 78-603 member Hoyt, to adopt RESOLUTION NO, 78-6039 A RESOLUTI-IN APPROVING APPROVING PRELIMINARY PLAT FOR MEDICINE LAKE ESTATES 2ND MEDICINE LAKE ESTATES ADDITION FOR RICHARD SMITH (A-723). 2ND ADDITION FOR RICHARD SMITH Motion carried on a Roll Call vote, four ayes. (A-723) Item 9 MOTION was made by Councilmember Spaeth, secondee+ by Council- RESOLUTION N0. 78-604 member Seibold, to adopt RESOLUTION N0, 78-604, A RESOLUTION APPROVING FINAL POUT APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR MISSION HILLS DE`'ELOPMENt CONTRACT PARK 5TH AUDITION FOR MI:;!ON PARTNERSHIP (A-338). MISSION HILLS PARK Condition 3 requiring the developer to grade a trail in 5TH AWN, (A-338) Motion carried on a Roll Call vote, four ayes. Item 7 MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-605 member Seibold, to adopt RESOLUTION NO. 78-605, A RESOLUTION 9ETTING .ONUITIONS SETTING CONDITIONS TO BE MET PRIOR TO FINAL PLAT FILING FOR FOR FINAL PLAT MISSIfIN. HILLS PARK STH ADDITION (A-338) with the additiL!, of MISSION HILLS PARK Condition 3 requiring the developer to grade a trail in 5TH ADDN. (A-338) accordance with City standards. Item 7 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- memb?r Hoyt., to d ; rect staff to add a requirement to the City Engineering Manual requiring that a vertical drop of no more than 1/2 in. per horizontal foot be maintained around manholes during all phases of street construction and through the term of the contract guarantee period. Mution carried, four ayes. 250- I 1 xc a 1.ounc . e c ng Sepafter 26, 1978 Page 251 Planner Tremere reviewed Wildwood Construction's request for con- solidation of six lots and a division of that property into two parcels to accommodate a two-family dwelling that has been con- structed on the parcel. The lot division is needed so that financing may be arranged on the basis of two separate dwelling units. Mr. Tremere noted that the proposal would divide not only the dwellings but also the lot, including a common driveway. Larry einin,r, representing Wildwood Construction Co., stated Be lot division was necessary to create a title and secure a mortgage for each individual unit; however, the building is tole sold to one individual who intends to rent both units. He stated this is a common type of financing now available for double bungalows. Mayor Hunt replied the condominium law could allow financing for this building without dividing the lot MOTION was made by Councilnember Spaeth, seconded by Council- nwmber Hoyt, to deny lot consolidation/division for existing platted lots for Wildwood Construction, Inc. (A-114). There was a discussion of what effects the lot division would have on open space and maintenance of the building. Mr. leininger stated the "party wall agreement" which would be executed 3t the sale of this building would establish requirements for maintenance of the building and open space. LOT CONSOL./DIVISION WILDW00D CONSTRUCTION A-714) Item 8 Attorney Lefler suggested that Mr. Leininger submit a copy of this agreement for his review to determine if it measures up with the customary requirements of our PUD ordinance and condominium requirements. Mayor Hunt requested the petitioner to supply Council with a letter from the City's Building Inspection Department stating that the building was in conformance with appropriate codes for condominium units. SUBSTITUTE MOTION was made by Councilmember Seibold, seconded by Councilmember Spaeth, to defer action on the lot consolidation/ division requested by Wildwood Construction, Inc. until the City Attorney reviews the "party wall agreement" to be established for this building and the Building Inspection Department provides a letter stating the building was in conformance with appropriate does. Substitute motion carried, four ajes. 251- Special Council Meeting September 26, 1978 Page 252 LANL (A-734) . Motion carried on a Roll Ccll vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION N0. 78-608 member Seibold, to adopt RESOLUTION N0, 78-608, A REESOLUTION APPRZVING B6ND RE ON REDUCING DE•IELOPMENT BOND FOR GLEASON LAKE ADD?TION TO THE GLEASON LAKE ADDITION AMOUNT OF $29,525 TO REFLECT THE COMPLETED WORK (A-196) (A-196) Item 10-C* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION NO. 78-609 member Seibold, to adopt RESOLUTION NO. 78-609, A RESOLUTION APPMVING B60 REDUCING DEVELOPMENT BOND FOR PLYMOUTH CREEKWOOD ADDITION TO REDUCTION FOR THE AMOUNT OF $30,300 TO REFLECT THE COMPLETED WORK (A-199). PLYMOUTH CREEKWOOD ADDN. (A-199) Item 10-9* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION N0. 78-610 member Seibold, to adopt RESOLUTION NO. 78-710, A RESOLUTION APPROVING ION REDUCING DEVELOPMENT BOND FOR MINNEAPOLIS INDUSTRIAL PARK 3RD MPLS, INDUSTRIAL PARK ADDITION TO THE AMOUNT OF $649065 TO REFLECT THE COMPLETED WORK 3RD ADDN. ;A-199) A-199). Item 10-E* Motion carried on a Roll Call vote, four ayes. Manager Willis reviewed Frank Hetman, Jr.'s request for an REQUEST FOR EASEMENT easement on City -owned property to enable them to construct FRANK HETMAn, JR, a driveway from a new addition on their home to Mzdicine Lame Item 11 Drive and reviewed the four driveway options submitted by the Hetmans. MOTION was made by Councilmember Spaeth, seconde(! by Council - member Seibold, to deny Mr. Hetman's petition for an easement on City property to use Option 1 or 2. Frank Hetman, petitioner, stated he felt Option 3 resulted in too steep a grade to be feasible. He `elt Op ion 1 would be ideal but it may interfere with future City trails. 252- RESOLUTION MOTION was r.'de by Caunci lmeraer N.oyt, seconded by Council- NO. 78-606 member Seibold, to adopt RFSOLUTION N0, 78406, A RESOLUTION APPROVINUIOND APPROVING•OF LANDSCAPE BOND REDUCTION FROM $25,000 TO S5e000 REDUCTION FOR FOR STEENBERG STRUCTURES BUILDING AT THE SOUTUEAST CORNER OF STEENBERG STRUCTURES WATER TOWER CIRCLE AND XENIUM U.NE (A-709). A-109) Item 10-A* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION NO. 78-607 member Seibold, to adop RESOLUTION N0. 78-601, A RESOLUTION ON APPROVING LANDSCAPE LETTER OF CREDIT REDUCTION FROM $51000 TO PREST EQUIPMENT CO. 39000 FOR PREST EQUIPMENT COMPANY SITE AT 2500 NORTH FERNBROOK A-734) Item 10-B* LANL (A-734) . Motion carried on a Roll Ccll vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION N0. 78-608 member Seibold, to adopt RESOLUTION N0, 78-608, A REESOLUTION APPRZVING B6ND RE ON REDUCING DE•IELOPMENT BOND FOR GLEASON LAKE ADD?TION TO THE GLEASON LAKE ADDITION AMOUNT OF $29,525 TO REFLECT THE COMPLETED WORK (A-196) (A-196) Item 10-C* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION NO. 78-609 member Seibold, to adopt RESOLUTION NO. 78-609, A RESOLUTION APPMVING B60 REDUCING DEVELOPMENT BOND FOR PLYMOUTH CREEKWOOD ADDITION TO REDUCTION FOR THE AMOUNT OF $30,300 TO REFLECT THE COMPLETED WORK (A-199). PLYMOUTH CREEKWOOD ADDN. (A-199) Item 10-9* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION N0. 78-610 member Seibold, to adopt RESOLUTION NO. 78-710, A RESOLUTION APPROVING ION REDUCING DEVELOPMENT BOND FOR MINNEAPOLIS INDUSTRIAL PARK 3RD MPLS, INDUSTRIAL PARK ADDITION TO THE AMOUNT OF $649065 TO REFLECT THE COMPLETED WORK 3RD ADDN. ;A-199) A-199). Item 10-E* Motion carried on a Roll Call vote, four ayes. Manager Willis reviewed Frank Hetman, Jr.'s request for an REQUEST FOR EASEMENT easement on City -owned property to enable them to construct FRANK HETMAn, JR, a driveway from a new addition on their home to Mzdicine Lame Item 11 Drive and reviewed the four driveway options submitted by the Hetmans. MOTION was made by Councilmember Spaeth, seconde(! by Council - member Seibold, to deny Mr. Hetman's petition for an easement on City property to use Option 1 or 2. Frank Hetman, petitioner, stated he felt Option 3 resulted in too steep a grade to be feasible. He `elt Op ion 1 would be ideal but it may interfere with future City trails. 252- September 26, Page 253 et ng 1578 Mayor Hunt ft. -It for a driveway., may infring: on be adviseui to a grade of 1!1-12t would be a maximum grade allowed Councilmember Spaeth stated since a future trail the proposed driveway in Option 1 or 2 it would not grant an easement. Mr. Hetnu n agreed to MOVE the infringe on the location of a what kind of notice he would constructed, driveway at his own expense if it should future trail on the property and asked receive before the trail was actually Mayor Hunt replied the portion of the trail would have to be included in the 5 -Year C.I.P. and public hearings held before any construction could be contemplated, SUBSTITUTE MOTION was made by Councilmember Seibold, seconded Councilmember Iloyt, to direct staff to work with Mr. Hetman on devising an agreement whereby the City would :e able to grant an easement to enable him to construct a driveway according to Option 2, but not restrict the future use of that property by Substitute motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-611, A RESOLUTION RECEIVING REPORT AND LALLING HEARING ON IMPROVEMENT FOR LARCH LANE FROM CSAR 9 TO 45TH AVENUE., Motion carried on a Roll Call vote, four eyes. MOTION was made by Councilmember Hoyt, seconded member Seibold, to adopt RESOLUTION NO. 78-612, ADOPTING ASSESSMENT IN THE AMOUNT OF $4,200.00 MIDDLEMIST 5TH ADDITION, PROJECT NO. 8586 Motion carried on a Roll Call vote, four ayes. by the City. RESOLUTION NO. 78-611 RECEIVING RE OR ND CALLING HEARING rROJECT NO. 802 LARCH 'LANE FROM C.R. 9 TO 45TH AVENUE Item 12 by Council- RESOLUTION N0, 78-612 A RESCLUTION ADOPTING ASSFSSMENT FOR ROBERT ROBERT MIDDLEMIST 511H ADDITION PROJECT NO. 858 Item 13* MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-613, A REt'OLUTION RESCINDING RESOLUTION NO. 78-358 RELATING TO THE VACATION OF A PORTION OF LARCH LANE. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council - member Seibald, to adopt RESOLUTION NO. 78.614, A RESOLUTION AIITHORI ING PAYMENT UPON REQUEST FOR PAYMENT NO. F IN THE AMOUNT OF $76.447.65 TO JOHNSON BROS, CORPORATION FOR DOWNIGWN PLYMOUTH UTILITIES, PROJECT NO. 611. Motion carried on a Roll Cali vote, tour ayes. 253- M RESO! tl i' I ON N0, 78-613 A NO. 78.158 RELATING TO VACATION OF LARCH I.N . PART) Item 14 RESOLUTION NO. 78-614 Rel!LIT roR PAwm DOWNTOWN PLYMOUTH UTIL. PROJECT NO, 611 Item 15* September 26, 1978 Page 254 MOTION was made by Councilmember Seiboldo seconded by Council- PLYMOUTH ATHLETIC member Hoyt, to accept staff's recommendation for scheduling ASSOCIATION REQUES of the Pilgrim Lane Elementary School and Armstrong Senior High FOR HOCKEY RINKS SL.:tool hockey rinks,as presented in Mr. Born's memorandum dated September 22, 1978, for the use of the Plymouth Athletic Association. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-615 member Seibold, to adopt RESOLUTION NO. 78-6159 A RESOLUTION AUTHNIZING AFFECTED AUTI-IORIZI'NG THE UND:RTAKING OF DOWNTOWN PLYMOUTH AFFECTED AREA AREA EAW FOR DOWNTOWN ENVIRONMENTAL ASSESSMENT STUDY IN THE AMOUNT OF $119000•$1211000. PLYMOUTH AREA Item 17 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-616 member Seibold, to adopt RESOLUTION N0, 78-6160 A RESOLUTION APPROVING STOP SI AUTHORIZING STOP SIGN INSTALLATION AT THE INTERSECTION OF RIDGEMOUNT AVE. AND RIDGEMOUNT AVENUE AND MILBERT STREET FOUR WESTBOUND TRAFFIC MILBERT STREET ON RIDGEMOUNT AVENUE, Item 18 Motion caraied on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 78-617 member Seibold, to adopt RESOLUTION NO. 78-617, A RESOLUTION APPROVING SUNSET HILL TRAFFIC/PEDESTRIAN SAFETY STUDY ON HILL TRAFFIC/ RIDGEMOUNT AVENUE FROM C.R. 61 TO C.R. 73, C.R. 61 FROM PE'jESTRIAN SAFETY RIDGEMOJNT AVENUE TO C.R. 15, C.R. 15 FROM WEDGEWOOD LANE TO ,i1DY Item 18 PINEVIFN LAND AND PINEVIEW LANE FROM RIDGEMOUNT AVENUE TO 111`11 AVENUE NORTH BY THE MINNESOTA DEPARTMENT OF TRANSPORTATIUN. Motion carried on s Roll Call vete, four ayes. MOTION wa:; made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79-618 member Seibold, to adopt RESOLUTION NO. 78-618, A RESOLUTION APPROVINE SUNSET APPROVING SUNSET HILL TRAFFIC/PEDESTRIAN SAFETY STUDY ON ;.R, 61 TRAFFIC/PEDESTRIAN FROM HIGHWAY 12 TO C.R. 15 AND C,R, 15 BETWEEN WEDGEWOOD AND SAFETY STUDY Item 18 PINEVIEW 1 :NES TO DETERMINE THE NEED FOR ADDITIONAL SAFETY IMPROVEMENTS BY HENNEPIN COUNTY, Motion carried on a 1101 Call vote, four ayes. Manager Willis reviewed petition for stop sign on Pineview Lane. REQUEST FOR STOP SIGN Council deferred action on this item until the previously PINEVIEW LANE ordered traffic studies are completed, Item 19 MOTION was made by Councilmember Spaeth, seconded by Council- NIAGARA'. LANE member Hoyt, to authorize construction of a landscaped berm CONSTRUCTION on Niagara Lane north of Highway 55 and south of 32nd Avenue to deflect lights from Highway 55, Motion carried, four ayes. Special Council Meeting September* 26, 1978 Page 255 MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to adapt RESOLUTION N0, 78-614, A RESOLUTION AUTHORIZING ANU DIRECTING THE MAYOR AND CITY MAIIAGER TO ENTER AN ORDER WITH RESPECT TO A HAZARDOUS AND DANGEROUS BUILDING AT 15535 COUNTY ROAD 9, PLYNOUTH, MINNESOTA. Motion carried on a Roll Call vote. four ayes. MOTION was made. by Councilmember Seiboed, seconded by Council - member Spaeth, to adopt RESOLUTION N0, 78-620, A RESOLUTION AUTHORIZING PAD DIRECTING THE MAYOR AND CITY MANAGER TO ENTER AN ORDER WITH RESPECT TO A HAZARDOUS AND DANGEROUS BUILDING AT 1265 KINGSVIEW LANE, PLYMOUTH, MINNESOTA. Motion carried on a Roll Call vote, four ayes. Manager Willis asked for Council's connents on Senator Humphrey's request for items to be given consiceration at the November 1 meeting of the Hennepin County Legislative Delegation, Mayor Hunt asked that consideration be given to the Environmental Quality Board process, the status of the Hennepin County Adult Corrections Facility in Plymouth and the apportionment of costs by the Metropolitan Waste Lontrol Commission, Councilmember Spaeth reported that at a meeting of the Hennepin County Soil Conservation Commission establishment of a Shingle Creek Conservation District was considered and the City of Plymouth was requested to set up a meeting with affected communities for consideration of this matter, The meeting was adjourned at X0:05 p.m, 255- RESOLUTION N0, 78-619 ORDER FOR BUILDING AT 15535 C.R. 9 RESOLUTION NO. 78-620 AUTHORIZING DFRMTM ORDER FOR BUILDING AT 1265 KINGSVIEW LANE HENNEPI.N COUNTY E.GISLATIVE DELEGATION SHINGLE CREEK CONSERVATION DISTRICT J Xc City Clerk