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