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,
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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.
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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
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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.
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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.
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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
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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
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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.
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