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HomeMy WebLinkAboutCity Council Minutes 02-26-1979 SpecialPage 54 KSI N U T E S SPECIA' COUNCIL FLEETING February 26, 1979 A suecial meeting of the Plynrouth City Council was called to order by Mayor Hunt at 7:40 p.m, in the Cou.ncil Chambers of the City Center at 3400 Plymouth Boule,!ard an February 26, 1979. PRESENT: Mayor Hunt, Councilmembers Hoyt, Neils, Seibold and Spaeth, Manager Willis, Administrative Assistant Boyles, Engineer Moore, Planner Tremere and Attorney Lefler, ABSENT: None, CONSENT AGENDA* MOTION was made by Councilmember Seibold, seconded by Council- nrmber Neils, to adopt the items on the Consent Agenda with the addition of Items 7-D and 7-G. Motion carried on a Roll Call vote, five ayes, MINUTES MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to approve the minutes of the February 2 1979 pecial Council meeting as submitted. Motion carried on a Roll Call vote, fire ayes. aUBLI HCARING - PROJECT 914 - 16TH AVE. FROM C.R. F TO HWY. 55 Manager Willis reviewed the requirements and procedures for the public hed rings and announced that notices of the hearings were published in the Plymouth Post, written notice was mailed to each property owner in the improvement area, and discussions were held at Council meetings on the subject project. The then explained the special assessment policy and procedures followed by the City. Engineer Moore reviewed the project in detail and responded to Council's questions regarding alternate methods of serving the area and the costs involved. Mayor Hunt opened the public hearing at 7:55 p.m. CONSENT AGENDA Item d MINUTES - SPECIAL COUNCIL MEETING FEBRUARY 201 1979 Item 5* PUBLIC HEARING PROJECT 914 I tent 6 John J. Zima Jr., representing Chicago & Northwestern Transportation Company, objected to the project on the basis that it would not benefit the railroad's property, which consists of the right-of-way along the railroad track. D, J, Stevenson 1293SB 16th Avenue N., representing his fither, ayne Stevenson, guest toned whethe-.- lots 4 and 5 would `,e able to be served with utilities because of the severe differvices in their elevations, Mayor Hunt repli d they could be served since the sewer is proposed 50 feet frau t;:= r6oiter of the ex';ting roadway, although some trees will have to be cut to enable Lige sewer line to yo in, Lot 3 is the only lot that may not be able to be served, 54- C] Special Council Meeting February 20, 1979 Page 55 Mr. Stevenson questioned how many trees will be removed and if any mature trees will be left for landscaping purposes. Mayor Hunt re- plied this will be determined when the final plans and specifications are prepared, and the Engineer will work with the homeowners in the process of .;etermining the final design. Also, additional right-of-way will be needed to construct the road to City standards. Edward J. Petschl, 12811B 16th Avenue N., inquired if the sewer will be 50 feet from the center of the roadway, and claimed this would result in the sewer line being too close to his home. Engineer Moore replied his home is 60 feet from the right-of-way and about 90 feet from the center of the road. Mr. Petschl inquired how his property will be assessed since it is guided Industrial, but two acres are used for his residence and only one acre remains for industrial use. Mayor Hunt replied since the parcel is guided Industrial, the whole parcel will be assessed as industrial property, but the additional cast for the industrial assessment rate may be deferred, if petitioned for, until the land is developed as industrial property. Mayor Hunt closed the hearing at 8:05 p.m. MOTION was made by Councilmember Seibold, secon0ed by Council - member Neils, to adopt RESOLUTION NO. 79-115. A R&ESULUTIOM ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR 16TH AVE14UE IMPROVEMENTS FROM COUNTY ROAD NO. 6 TO HIGHWAY 55, PROJECT NO. 914. Motion carried on a Poll Call vote, sive ayes. MOTION was made by Councilmember Neils, seconded by Council - member Spaeth, to direct the Engineer to work with indivi-:ual property owners, to the extent reasonable and cost effective, to avoid the destruction of existing trees and regrading in the area of Parcels 1200 and 1400. Notion carried, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Dick O'FalIon, Chairman of the Sassett C neck. Flood Control Commission, reviewed in detail Bassett Creek Improvement Project No. 1 ani+ Lhe costs involved fol- member; o.- the Joint Power Agreement. Councilmember Spaeth was concerned about the eatio of Plymouth's cost in the first portion of the pro4ect, and if there was a guarantee that federal funds would Je available for the second portion of the project. Mr. O'Fallon repiied the total cost of the project for Plymouth was estimated to be $431,700, with $343,500 to be assessed for the first phase of the project, but he emphasized the fact that these figures were based on 1976 ronstruc.ticn costs. 55- RESOLUTION NO. 79-115 ORDERING IMPROVEMENT & FINAL PLANS & SPECS FOR 16TH AVE. FROM C.R. b TO HWY. 55 - PROJECT 91 BASSETT CREEK FLOOD CONTROL COMMISSION IMPROVEMENT PROJECT Item 7-A 1 Special Council Meeting February 26, 1979 Page 56 Mr. O'Fallon stated the major cost-sharing to be entered into by the Corps of Fnqineers will be in the second portion of the pro- ject, in the downstream area, and will have to await further studies and an appropriation by Congress. In the first phase of the project, the City of Golden Valley will bond for the Corps of Engineer's portion of the costs, in the amount of approximately 840,000, until federal funds are ;available. Golden Valley and Crystal are anxious to proceed with the project because of the flood damage that occurred in those communities last year. Councilmember Spaeth inquired when the funds for Plymouth's share of the project would be reg:luired. Mr. O'Fallon replied he did not know, but that it would not be before 90 days after Bassett Creek public hearing if the project was ordered then. Mr. O'Fallon reviewed for Council the fornula for cost-sharing as prescribed in the charter of the Joint Powers Agreement and stated it will be based on the percentage of land that is in the watershed dis- trict and the total evaluation of property in Plymouth. Council questioned if Plyirouth would be credited for flood plain area beyond Medicine Lake. Mr. O'Fallon replied they would not. Mr. O'Fa.lion stated the Rassett Creek Flood Control Commission's public hearinq was scheduled for March 15 Znd asked when Plymouth would schedLle a hearing. Engineer Moore replied it must be held within 50 days after the project is ordered. Council discussed alternatives fir raising the funds for this prosect, which at present are special assessments or bonding. There was discussion of the possibility of legislation being adopted by the State Legislature to enable communities to levy funds above levy limitations for special projects within the watershed districts. Manager Willis reviewed the request for site plan approval for the ULSL Post nfficr in Downtown Plymouth. Planner Tremere reviewed the revised landscape plan and recommended that the area adjacent to Plymouth Boulevard be sooded rather than seeded. There was a discussion of how much of the s{:e should be sooded. Ray Frisb , representing the U.S. Postal Service, stated the proposed landscape plan proposed sod except on the north and east sides, which are adjacent to the City park and which are proposed to be seeded. He stated the Postal Service has tried to comply with the wishes of the City by changing the color of the building and ad(A ng additional plantings, as recommended by the Planning ComRission, but felt sod was not necessary in the area a jacent to the City park which would be a natural area. MOTION was made by Cuunciimanber Neils, seconded by Council - member Hoyt, to adopt SOLUTION N0, 79-116, A RESOLUTION APPROVING LANDSCAPE PLAN A7 34TH AVENUE AND PLYMOUTH BLVD. FOR U.S. POSTAL SERVICE with the addition of Condition 3 requiring the yard areas on 34th Avenue and Plymouth Blvd, frontages to be sooded to the building setback and the remaining yard areas to be seeded. 56- U.S. POST LANDSCAPE. Item 7-6 OFF'. CE PLAN 1 RESOLUTION NO. 19-116 PLAN FOR U.S. POST OFFICE DOWNTOWN PLYMOUTH A-94) Item 7-B Special Council Meeting February 26, 1979 Page 57 Motion carried on a Roll Call vote, five ayes. Manager Willis reviewed request for variance for Wallace Cates for "Parcel J" in the Fouthwest quadrant of County Road 47 and Vicksburg Lane, which does not have the minimum required abutment onto a public street. The request for variance is based upon an application for a buildiny permit by the buyer of "Parcel J," Mr. Paul Wardell. The Manager stated it has not been Council's policy to encourage subdivision of unplatted lands outside of the MUSA line. In this case, however, parcels A through I, which have been created on this parcel, do meet building setback requirements, as well as abutting a public street, but parcels J. K and L do not meet either requirement, and Council is iot required to grant the variance. Planner Tremere stated Mr. Cates claims he initiated the sub- division several years ago, but deeds were not filed with Hennepin County until the sale of each lot was transacted, which in the case of"Parcel J" was last August. The deeds have been recorded with the County, but the lot divisions have not been finalized. Building permits on the lots along Vicksburg Lane were issues; on the basis of the deeds. Mayor Hunt inquired how building permits were granted to other homes elsewhere, east and west Vicksburg Lane, which did not abut a public street. The Planner replied these homes were built before Council amended the ordinance in 1978 requiring abutment to a public street. Council discussed the problem of controlling the division of unplatted land. Paul Wardell, owner of "Parcel J," stated he bought the lot room Wallace Cates last July, obtained a loan for construc- tion of a home, and was refused a building permit. He stated the lot w)dth, at the point the house is located, is more than 300 feet, ,end a private driveway easement will be provided on the west boundary of the parcel, which is more than 300 feet in width on the west side. Attorney Lefler stated if Mr. Wardell filed his contract for deed on August 14, 1978. this is prior to any recording or the change in the City's subdivision ordinance and he is entitled to the benefit of a non -conforming use on the m4,nimum 300 foot requiremesit for street frontage. Mayor Hunt questioned what effect the Council's action would have on the many irregular lots in the City that have been divided and will require variances to build on in the future. There was further discussion of restrictions that might be placed on the diviison of unplatted land to control development. 57. VARIANCE REQUEST WALLACE CATES (79008) Item 7-C Special Council Meeting February 26, 1919 Page 58 MOTION was made by Councilmember Spieth, seconded by Mayor Hunt, to approve the var+:::.c vr "Parcel J" deleting all fors fr" the :-tsolution with the exception of Condition 6. SUBSTITUTE MOTION was made Councilmember Neils, seconded by Councilmember Spaeth, to adopt RESOLUTION NO. 79-111, A RESOLUTION APPROVING VARIANCE FOR WALLACE CAFES AT THE SOUTHWEST QUADRANT OF COUNTY ROAD 47 AND VICKSBURG LANE with the following condition only: that the location of the dwelling be set back a minimum cf 50 feet from the north property line: which runs southeasterly to the nort;iwest, a minimum of 83 feet from the west property line, and a minimum of 50 feet from the south property line. MOTIN TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, requiring the minimum setback from the north and south property lines be per the Zoning Ordinance. Motion to amend carried, three ayes. Councilmembers Hoyt and Seibold voted nay. Motion to adopt Resolution No. 79-117, as amended, carried on a Roll Call vote, three ayes. Councilmembers Hoyt and Seibold voted nay. Mr. Willis introduced discussion of housing mortgage bonds. Hu stated he was concerned that these bonds will so saturate the market, it will place a pressure on the balance of the tax-exempt market and it might interfere with the future sale of other City bonds. He also expressed concern that the cost of issuing housing bonds would eventually be passed on to other sectors of the public economy. He recommended that the Council not become involved in the Issuance of housing bonds until their legality is further clarified by the Courts or the Legislature. 1 RESOLUTION NO. 79-117 APPROVING N E FOR WALLACE CATES AT SW QUADRANT OF C.R. 47 VICKSBURG LANE (79008) Item 7-C HCUSING MORTGAGE BONDS - Item 7-E Bob Ehlers, Ehlers and Associates, stated they have been concerned tNat at some point the market will become flooded with tax-exempt financing; however, one community or one state cannot act to stop it. Hpefully, Congress will put some restrictions on these bonds. He suggested proposed legislation could be introduced limiting these bonds to what they could be used for. Mr. Ehlers responded to Council's questions regarding issuance of housing mortgage bonds in Minnesota in the past year, stating approximately $400 million of these bonds were issued in 1978 and the methods by which some of these issues were administered by the lending institutions involved. Mr. Ehlprs felt a state-wide housing bill would soon come before the Legislature allowing housing revenue bonds to be issued under the control of a State agency, such as the Minnesota Housing Finance Agency, Roger Wicker, Miller & Schroeder Municipals, commented on recent proposed legislation relating to housing revenue bona, and the financial climate that has made the housing bonds 58- i f i Special Council Meeting February 26, 1979 Page 59 appealing at the present time, Ne stated his opinion that if the Attorney General rules favorably on housing bonds, he felt the bond cc-unsels in Minnesota will also rule for these bonds. Manager Willis advised Council the resolution authorizing sub- mission of the application to Hennepin County for inclusion in the Urban County Community Development Block Grant appli- cation has been reviewed by the Citizen Advisory Gruup and recon minded for approval. MOTION was made by Councilmember Seibold, seconded by Council- RESOLUTION NO. 79-118 member Spaeth, to adopv RESOLUTION NO. 79-1180 A RESOLUTION APPROVING SUBMISS, AUTHORIZING SUBMISSION OF THE CITY OF PLYMOUTH GRANT APPLICA- FUNDING YEAR V TION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COMMUNITY DEVELOPMENT COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN ACCORD BLOCK GRANT APPLICATION WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Item 7-F Motion carried on a Roll Call vote, five ayes. MOTION was made by Council;nember Seibold, seconded by Council- RESOLUTION NO. 79-119 member Neils, to a,durt RESOLUTION N0, 79-1191, A RESOLUTION R -b$6 RESCINDING RESOLLrMN NO. 78-686, A RESOLUTION APPROPRIATING Item 7-G* 25,102 FOR THE PURCHASE OF A PLAYFIELD SITE AT OAKWOOD ELEMENTARY SCHOOL. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Seibold, seccrJed by Council- RESOLUTION N0. 79-120 member Neils, to adopt RESOLUTION N0, 79-120, A RESOLUTION R O AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 2 AND FINAL 1978 TV INSPECTION IN THE AMOUNT OF $19883.68 TO SOLIDIFICATION, INC. FOR PRWErT PROJECT N0, 837 NO. 8379 TELEVISION INSPECTION OF SANITARY SEWERS, Item 7-H-1 Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilinember Seibold, seconded by Council- RESOLUTION N0. 79-121 member Neils, to adopt RESOLUTION N0, 79-121, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT N0, 4 IN THE AMOUNT 1978 STREET IMPROVEMEI OF $5,282.41 TO HARDRIVES, INC. FOR 1978 STREET IMPROVEMENTS, Item 7-H-2* Motion carried on a Roll Call vote, Five ayes. MOTION was made by Councilmembe-•• Seibold, seconded by Council- RESOLUTION N3. 79-121A member Neils, to adopt RESOLUTION NO. 79-121A, A RESOLUTION APPROVING DISBURSEMENT APPROVING DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTION PERIOD ENDING 12/31/78 FUND, UTILIM'S FUND, HOUSING b REDEVELOPMENT AUTHORITY, AND Item 7-J* SPECIAL ASSE.'14ENT FUNDS TOTALLING $2,098,514,51 FOR A PERIOD ENDIAG OECEMEt' it 31, 1978. Notion carred on a Roll Call vote, five ayes. MOTION Was made by Councilmember Spaeth, ieconded by Council- APPOINTMENTS TO CITY member Hoyt, to appoint Rodney Hillstrom to the Plymouth Housing BOARDS AND COMMISSIONS and Redevelopment Authority for a five-year term expiring Item 7-I January 31, 1984. Motion carried, five ayes. Ar 59- Special Council K.Jting February 26, 1979 Page 60 MGT I ON was made by Cour±c i 1 member Spaeth, seconded by ,r,unc i 1 - member Neils, to appoint Karen Wisech to the Wman Rights Commission for a three-year term expiring January 31, 1982. Motion carried, five ayes. V.0TION was made by Councilmember Spaeth, seconded by to appoint Al Zeman to the Board of Zoning Aijustment year term expiring January 31, 1981. Motion carried, five ayes. MISCELLANEOUS Mayor hunt, for a two - Mayor Hunt reported he would appear to testify to the State Legislature on February 27 against legislation that has been proposed to rescind the State Building Code. Council discussed the City Attorney's memorandum regarding titre authority of the City to require parkland dedi;;ation of cash - in -lieu thereof from divisions of unplatted land of more than five acres. Council discussed problems in administering such a policy. MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to direct staff to prepare a recommendation of a proposal requiring parkland dedication or cash -in -lieu thereof from divisions of unplatted land of more than five acres. Motion carried, four ayes, Mayor Hunt abstained. The meeting adjourned at 11;30 p.m. 60- 1