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HomeMy WebLinkAboutCity Council Minutes 04-21-1980page 12'2 MINUTES REGULAR COUNCIL MEETING April 21, 1980 A requ!ar meeting; of the Plymouth City Council was called to ord.or by Mayo- Wnt at 7:30 p.m. in the Council Chambers of the City Center at 3400 Plymouth loulevard on April 21, 1980. PRESENT: Mayor Hunt, Councilmembers Davenport, Hoyt, Neils And Schneider, City Manager Willis, Administrative Assistant Boyles, 'engineer Mbore, Phnner Tremere and Attorney Lefler. ABSENT: None. CONSENT AGENDA NOTION was made by Count i lmember Neils. seconded by Council- CONSENT AGENDA member Schneider, to adopt the items on the Consent Agenda Item 4 with the exception of Itzsms 6-F and 64. Ittion carried on a Roll Call vote, five ayes. Manager Willis repurted that petitioner has requested that CONCEPT PLAN (80013) Item 6-C-2, consideration of concept plan for Plymou-th Mills PLYMOUTH HILLS ESTATES Estates, be deferred until May 5 so that he may be present Item 6-C-2 at the Courm i 1 meeting. Council concurred. MINUTES MOTION was made by Ceincilmerhar Neils, seconded by Council- MINUTES - REGULAR member Schneider, to approve the minutes o° the April T, 1980 COUNCIL MEETING regu Qr Council meeting. APRIL 21, 1980 Item 6 Mbtion carried on ii Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Runt announced the Council would consider bids which had SALE OF GENERAL been received for the purchasc of $2,950,000 General Obligation OBLIGATION PARK Park Improvement Ronds of 19800 as advertised for sale. The IMPROVEMENTS BONUS City Clerk presented affidavits showing publicati-in of noti„e Item 6-A of sale in the official newspaper and in Commercial West, a financial paper published in Minneapolis. Minneso•a, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk po esented the sealed b',ds which had been rs.ceived prior to the time specified in the rre.tice of sale, which stere then opened and tabulated. The bids were as follows: 122. L_ Regular Council Rleet i ng April 21, 1980 Page 123 Banc northwest Mi nneapoi Is , MN Piper, Jaffray d Hopwood, Inc. Minneapolis, MRC Continental Illinois Rlational Bank The Northern Trust Company Chicago IL First National Bank of Chicago Harris Trust A Savings Bank Smith Barney Harris Upham 6 Co., Inc. Chicago, IL Net Interest Cost 8 Rate 29335,818.75 7.3194m 294169431.QU 7 5721% 2,4399151.22 7.6432% 2, 510, 584.38 7e8670% MOTION was made by Counc i lmember Hoyt, seconded by Council - member Neils, to adopt RESO:,UTION NO. 80-272, A RESOLU,'ION AWARDING THE SALE OF *12s9501000 4E NERAL ORL I GATE " i PARK IMPRJVEME,ir BONDS OF 1980 TO SANCNORTHWEST, MINNEAPOLLIS, MINNESOTA AT A PRICE OF $2,914,600.00; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adopt RESOLUTION N0. 80-2739 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MAIMER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND INDEPENDENT SCHOOL DISTRICT 284 FOR THE LEASE OF OAKWOOD ELEMENTARY SCHOOL SITE FOR A COMMUNITY PLAYFIELD. Motion carried on a Roll Call vote, five ayes. Manager Willis reviewed John Spaeth's request for concept plan approval for "Lillie Ponds" MPUD for a residential and non- residential on- residential development of approximately 40.5 acres located generally south of Highway 55, east of Dunkirk ,.ane and north of 31st Avenue North, which was reviewed at the Nbrch 17, 1980 Council meeting and referred to the Planning Cemnission for further consideration. M 914, 600. d0 2, 907, 4.11.50 2, 898, 9911, 75 2, 913,125.00 RESOLUTION N0. 80-272 r ••i TAT GENERAL OBLIGATION PARK IMPROVEMENT BONDS OF 1980 Item 6-A RESOLUTION NO. 80-273 iA AGREEMENT WITH S.D. 0284 FOR OAKWOOD COMMUNITY PLAYFIELO SITE Item 6-B' CONCEPT PLAN LILLIE PONOS MPUD JOHN SPAETH (80006) Item 6-C-1 Regular ibunc 11 Meeting April 21, 1980 Page 124 Council revMwed the conditions for approval submitted by the Planning Commission and a lengthy discussion followed on the established high rater elevation and the proposed density for toe plat. The Engineer stated the 998 high water elevation was established when the City's Storm Drainage Plan was approved in 1914. The Engineer replied to Council's questions regarding water drainage problems in the area and Councilmember Neils stated this plat should be designed in such a way as to alleviate s+mne of the water problssns in the area or, at least, not to aggravate them. Planner Tremere reviewed the Planning Commission's recommenda- tions and the guiding in the area pointing out the LA -2 area would be extended to Dunkirk Lane. John S aath, petitioner. stated providing a 12 acre pond and dropping the high water elevation in toe area would assist the water problems in the area. He further seated his proposal for LA2 in the plat is not bringing in Zometh,ng that does not already exist at the present time since there is some R-4 and R-2 in the artta to the ease. Mr. Spaeth regLasted that he be.% allowed some density credit for the ponding area since he is providing ponds to alleviate area water problems. He further stated he would like to build the quadriminiums as proposed and planned to provide transition from the existing single family housing by berming. Steve Reinke. 16511 - 30th Avenue N. , representing IKipl edel l home- owners Associations read a statement supporting the Planning Com- mission's original denial of the concept plan for l:ll ie Ponds for the following reasons: 1) the location of Medina Road has not yet been approved by DNR and it is, at present, only a proposal; 2) the land south of proposed Redna Road should be LA -1 to reflect the existing development; 3) present water problems in the area should be resolved before any further development takes place; 4) the wildlife habitat will be disturbed, and the City should be prudent in development of such areas. Rr. Reinke .asked for clarification of the Council's transition policy in RPUD's and stated he felt the proposed four foot berm would not be sufficient to provide transition from the single family homes. he further stated the quadrim4nium development is inconsistent with development on any side, and when the LA -2 was approved at the time the Land Use Guide Plan was adopted, the area was open ,and there was no si nllle family development In the area. 124- I. 1 Regular Council Meeting April 21, 1980 Page 125 Mayor Hunt responded to the concerns of the baplede11 homeowners stating 1) the location of Medina Road would be, considered in the Environmental Assessment Worksheet process, and would be determined by the Council; 2) Councii would consider transition and whether LA•2 guiding was appropriate for the area; 3) the City's Storm Water Drainage plan will tie followed to address the rater storage needs and problems in the area; and $) DNR, along with other agencies, makes the decision as to whit area is wet- land and and what is not. The Mmyor then reviewed the Planning Commission's recommendations and the condi!lons of the proposed resolution approving Concept Plan A. There was discussion of Condition 6 of the resolution designating the LA -1 and LA -2 areas. Councilmember Davenport objected to extending the LA -2 guiding as far as Dunkirk Line. There was further discussion on whether the transition policy requirements were satisfied lathe plan as pro- posed. Planner Tremere rL4v i ewed the Planning Commission's Inter. pretatfvn nter- pretativn of the proposed LA -2 area and density for the plat. Councilmember Schneider questioned whether a 40 -acre parcel, In which most of the land is under water, can be developed under the PUD ordinance. %yor Hunt stated there was precedent for such a development, but density cannot be determined on this plat until the high water level is vepified by DNR anti the City Engineer. He stated the main Concern of residents appeared to be the type of housing propo-sed. MOTION was made by Councilmemler Neils, seconded by Council - member Hoyt, to idopt a Resolution approving Concept Plan for Lillie Ponds MPUD proposes! by John Spaeth deleting Conlition 6 and renumbering Conditien 7; adding a new Condition 7 requiring that the final nimber of single-family detached units to be allowed shall be determined 5y approved reclaimable land area at the time of reliminary plat and site pian consideration; and adding Coidition 8 encouraging the developer to work with the City Engineer to deter• mine if the high water elevation of the pwiding area can be reduced$ MOTION TO AMEND was made by Councilmember Schneider, seconded by Councilmember Davenport, adding the following to Condition 3: Developer shall demonstrate confornnainre to the City's transition policy at preliminary plat stage, with through -section (profiles) graphics of the existing homes west of Dunkirk Lane." Motion to amend carried, five ayes. SUBSTITUTE MOTION was made by Councilmember Davenport, seconded by Counc: i lmeiaber Neils. to adopt RESOLUTION N0. 80-274, A RESOLU"ION APPROVING CONCEPT, PLAN FOR LILLIE PONDS MPUD, PROPOSED 8? JOHN SPAETH. i;ubject to Conditions 1, 2 and 3, as amended by previous motioi, Conditions 4 and 5, and Con- dition 6 as follows: "Extent of residential guiding south of Medina Road is determined to be approximately 23-25 acres of LA -1; approximately 3-5 acres taf LA -2; and guiding for the 3 lots north or lied i na R04d sha I l be IP, as represented on Concept Plan A; Condition 7 as mended by pr4vious motion, and adding Condii:ion 8 as proposed by previous motion, 125- RESOLUTION NO, 80-274 WW.1[WCMC'E1'r_P17N FOR LILLIE PONDS MPUD JOHN SPAETH (80006) Itena -C-1 Regul ar Counc i 1 Feet i ng April 21, 1980 Page 126 Substitute metion to adopt Resolution No. 80-2749 as amended, carried on a RoU Call vote, three ryes. Councilmember Moyt voted nay ant EKsyor Punt ahsta fined. Manager Willil. reviewed 4onald Poupard's request approval of site plan arn1 conditional use I ermtt a Ground Rounts Restaurant at tAe southeast corner 27th Avenue and Annapolis lane. for SITE: PLAN AND CUP FOR for GROUND ROUND RESTAURANT of DON PQUPARD (7908) Item 7,0. Howard Dahl ren, repre,jenting petitioner, introdiced s assoc ate 16s Btais, the petitioner and petitioner's petitioner'; at'.orney, We Robert Koffitdn. He stated a restaurant was an appropriate use for this site and was approvixt Oy Council in 1974. The cf.)nrept of restaurant facilities within an indastrixl park is a well accepted ::ie and a viable land use, Mr. Dahlgren displayed the :lite plan for a proposed Class I, full- service restaurant, stating it should be approved for the follawing real;ons: 1) the land use is suitable; 2) the buildinjl i:; of better quality than that approved for Uncle John s in 1974; 3) traffic created by this restaurant wi 1 l not conflict with traffic in the indus- trial park since it will not be open for breakfast; 4) the. land area was originally one acre, but after dedication of right-of-way easements, only .85 acre remains and the Council had taken that into account in approving the Uncle John's Restaurant; 5) they are proposim: 72 parking spaces, which exceeds ordinance requiremi,nt 1 f 65 spaces; 6) the proposed ground coverage is 13.3 p%, ecent versus the 25 percent allowable; 7) there has Trot been any adverse comment from adjacent land owners. Council questioner' Mr. Dahlgren about the variames required for the Froposed site plan. Councilmember Neils expressed concern that there were more variances titan there was compliance with the ordirunce. He stated the Uncle John's Restaurant was not developed and this proposal will be reviewed on its merits. Councilmember paver -port quest 4uned rm . Dahlgren as to the grounds, including hardship, to justify approximately 17 variances. Mr. Dahlgren replied a site plan for a restaurant had been approved in 1974; easement and right •of-wav dedication had reduced their site to .85 acre; and at Oi Land Ilse Guide Plan and Zoning hearing several years Aga, .hey were reassured it was an appropriate site for a restaurant. He stated this restaurant was con,;idered the bast meangingful use. Court i I. member Davenport at;iked why this, versus a smallor restaurant, was the only meang`ngful use. Mr. Dahlgren replied a full• service restaurant lass than 5,000 square feet i -t a rarity. 120. LJ i r Regular Council Meeting April V. 1980 Page 127 CountilanmWr Schneider stited that while ?ndividuai variances may not be *sIgnifScant". as claimed by petitioner, collectively the variances were very significant. NOTION was made by Counc i lmifter Davenport, seconded 5y Counc i 1 member Coyt, to adopt RESOLUTION We 8U-275, A RESOWFION DENYING SITE PLA.i ANO CONDITIONAL USE PERMIT FOR THE :ROUND ROUND RESTAURANT FOR DONALD POUPAR D amending Co nd t t i o a : by Merin the words "for any use." MCrion carried on a Roll Call vote, five ayes. ROT ION wars made by Counc i lmember Nei 1 s. ieconded by Mayor Hunt., to adopt: RESOLUTION NO. 80477, A RESCLUTION APPROVING SZ i PLAN FOR PALL'S WOODCRAFT FOR PAUL ZELTINS ON THE EAST SIDE OF FERNBROOK LANE BETWEEN 25TH AND 27TH AVENUES NORTH (t-170). Motion carried on a Roll Call vizte, three ayes. CauncIImembers Davenport and Schneider voted miy. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION N0. 80-277, A RESOLUTION APPROVING PRELIRINARY PLAT FOR JAMES HELD AND OTHERS FOR ARMSTRONG RIDGE SOUTH OF 36TH AVENUE NORTH A.T THE IRTER- SECTION OF WELLINGTON LANE (801}11) . Motion carried on a Roll Call vote, five ayes. MOTION was ide by Councilmember Neils. seconded by member Schneider, to adopt HESUCLUT10N NO,, 80-2789 A APPROVING (ONDITIO!t1L USE PERMIT FOR RAY LIP! FOR THE CHINA RESTAURANT IN THE FOU.1 SEASONS SHOPPING CEN!ER Notion carried on a Roll Cal 1 vote, fire ayes. RESOLUTION Na. 80-27S DENYINE 51TE PURI 'CUP MOUND ROUND RESTAURANT DONALD POUPAkD ( 79078 ) Item 6-D RESOLUTION N0. 80-276 PAUL'S WOODCRAFT PAUL ZELTIN (A-770) item 6-E RESOLUTION N0* 90-271 APPREIViNG,"IrTlT ARMSTRONG RIDGE JAMES HELD (80011) Item 6-F Council - RESOLUTION NO. 80-278 RESOLu'r[ON 1"ROUNG -COUTMUF GOLDE14 USE PERMIT FOR GOLDEN 80017)a CHINA RESTAURANT IN FOUR SEASONS SHOPPING CENTER (80017) Item 6 -Gs, Council congidereii Segment 2 of the Improvement Project 002, Vicksburg Lane frc:m the north line ZT the Workhouie to County Road 6. Mayor Hurt stated there shrulsl he an informational hearincl for residents of the Zinal Addition and Chelsea Moods before this section of the improvement is ordered. Manager Willis stated since the City of Minneapolis has agreed to the assessment for this project, it would be nest economical to include it as par. of the improveinent of the northern section of Vicksburg Lane and he suggested moving forward with this pro- ject as soon as possible. Councilmember Necls stated Council must review the status of the MSA i'und before it can determine if this segment can be built in 19130. Councilmember Davenport requestet that the Assessment Committee propose an assessment policy for RPUD's for Council's review. MOTION was made by Mayor Hunt, seconded by Counc i +member Neils. to defer discussion of Improvement Project No. 002 until after review of the MSA status report at the Apw-II 28 (:ouncil mer ting. Notiopi Cart -led, five ayes. 127. IMPROVEMENT PROJECT 002 VICKSBURG LANE SEGMENT 2 Item 6-H Relpl ar Coons t 1 Reet i ng Apr,,') 21, 19801 Page 128 Ranatger Millis reviewed the scheJule for bid letting for LatCompte. Oakwood. Ferrb-:•ook and '!I mtouth ccmmun'tty play. fields. Don Ri ngros.e, park consultant. rt sponded to Coure i 1's questions regarding the final plans Ind specifications stating the layouts were the sante as the Council approv+td in 0e concept plains. MOTION was made by Count i laiember Davenport,, seconded by Council - member Neils, to adopt RESOLUTION 40. 80-279, A RESOLU! EON APPROVING FINAL PLANS AND SPEC IF ICATIOKS AND ORDERING ADVER. TISEMENT FOR BIDS FOR PROJECT N0. 017. LA Cr"PTL, 0AKW0OO, FERNBROOK AND PLYMOUTH. COMMUNITY PLAYFIELDS. NDtion carried on a Roll Call vote. five ayes, Mr. Ri ngrose stated because of the mul t i fA a contractors that will be involved in this prosect. the City will have to take some more inspection responsibilities,, Mayor Hun; replied, if necessary to maintain the construct ion schfwdul(4, a con. struction manager will be assigned to the project. REVIEW OF PLANS d SIS COMMUNITY PLAYF IELDS PROJECT Nfa. 017 Item 7-I RE.SOLUMN NO. 80479 APPROWIC-PEIRS -& 'SCS ADVERTISEMENT FOR 8105 LA COMPTE, OAKWOOD, FERNBROOK 8 PLYMOUTH COMMUNITY PLAVFIELDS PROJECT N0. 017 Item 7-I Mr. Ringrose further suggested that it was unwise to censider remodelling the wanni ng house at LaCompte for a cast of $45,000 since a new building could be constructed for not much more than this amount. Mayor Hunt directed that alternates be included in the bit for I,aCompte for remolelling the warming house versus a new structure tkAt would be designed to suit the needs of the park. t. MOTION was made by Councilmember Hoyt, seconded by Council - member Davenport, to divect the City Maniger to convey the EXPRESSING APPRECIATION City Council's appreciat`on to the Park and Recreation TO PARK & RECREWON Advisory Commission for t': tremendous effo-t they put ADVISORY COMMISSION forth to faeil itatP the cumpletion of the plans and spi?- eifications for the taCompte, Oakwood, Fernbrook and Plymouth Community Myfklds. ML.tion carried on it Roll Cali eote, five ayes, morIDPI was made by Councilmember Neils, seconded by Council- RESOLUTION NO. 80-281 mwbar Schneider, to adopt RESOLUTION NO, 80-2810 A RESOLUTION AtMFi'zff I KT HrN ' N AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE AGREEMENT NO. COUN' I FOR IN:STALLA7 N PW02-17-80, HENNEPIN COUNTY PROTECT NO. 11020, FOR INSTALLATION OF rLASHING BEACON i'+ OF PLASHING BEACUNS ADJACENT TO SUNS::T HILLS SCHOOL ON C.Ii. 15,, C.R. 15 AT SUr4SkT H' S SCHOOL - Item 6-J* MDtion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION 110. 80-2 member Schneider, to adopt RLSULUrtuN 110. 80-282. A RE'SOLUTIDN AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE AN AGREEMENT WITH ON INFILTRATION/INFLOW THE METROPOLITAN WASTE CONTROL COMMISSION FOR FEDERAL AND STATE ANALYSIS PROGRAM WI"'H GRANTS TU CONDUCT AN INFILTRATION/INFLOW ANALYSIS PROGRAM. METRO WASTE CONTROL COM. Item 6-K* 128- I Regular Council Reeting April 21. 1980 Page 129 Motion carried on a Rall Call vote, five: ayes. MOTION was made by Councf )member Neils, seconded by Cepik" t t - member Schneider, to adopt. RESOLUTION Na. 80-1.83. A RESOLUTION AUTHORIZING PAIMNT ON REQUEST FCR PAYMENT N4. 6 IN THE AMOUNT OF S49.760*49 TO NOCLAND ASSOC!ATES, INC. FOR PROJECT Not 809 AND 806, PIKE LAKE AND PINEVIEW LANE UTILITIES. Motion carried on a Roll Call vote, five ayes. NOTION was made L; Counc i lmember Neils, st,conded by Council- member ounci1- member Schneider, to adopt RESOLUTION NO. 80-2804 A RESOLUTION APPROYIN`, PAYMEMlT OF DISBURSEMENTS FROM THE GENERAL FUND. CON'- STRUC'i0 P"UND, UTILITIES FUND, HOUSING A REDEVELOPMEa AUTHORITY AND SPFCIAL ASSESSMENT FUND TOTALLING E1,024.E67eZ9 FOR THE PER IM ENDING MARCH 31, 1980. Motion carried on a Roll Call vote, five ayes. MOTION was made by Counei imember Neils, seconded by Council - member Schneider, to adopt RFSOLUTION NO. 80-284, A RESOLUTION APPROVING Off -sale Non -Intoxicating Malt Liquor license for Tom Jarl for Bill's Superett a at 3435 County Road 13, for a period to expire June 30. 1981. Miction carried on a Roll Call vote. five ayes. 4ob Sorenson, 11520 acres o parkland be graded and seeded hood children until be completed. 38th Avenue PIG, requested that the that lies between Mission II and III so that it could be used by neighbor. such time as the Neighborhood Park can Councilmember Neils replied the grading and ground cover for these park areas should be the responsibility of the developer of '.he Mission Hills and Mission Ridge plats. Engineer Moore replied the developer has beer notified to finish these park are,ss to final grade this spring. Counciimember Schneider requested staff to look into erosion control methods bein l uhed at developments around Sass Lake and Schamidt lake and at the Marvin Anderson development at the Soo Line tracks. MOTION was made by Moyer Hunt,, seconded by Counc i lmember Neils, to direct staff to install a -No U Turn" sign at the corner of Fernbrook and Harbor Lane and take whatever measures the City Engineer deemed appropriate for traffic control at that corner. Notion carried, five ayes. The meeting adjourned at 16:05 p.m. 129- RESOLUTION Nd. 80"2t1;1 REQurSrWTXWMT' PIKE LAKE;/PINEVIEkt LANE VILITW. PROJECTS a09/806 Item 6-L" RESOLUT°I04 N0. 80.280 APPRLTV_. PERIOD ENDING 3/31/90 Item r -Rf RESOL ION NO. 80-284 NON-ISTUX LIQUOR LICEW BILL'S SUPERE Ti E Item 6-N' MISSION BILLS PARK BASS LAKE-SCHMIDT LAKE EROS ICN CONTROL TRAFFIC COP'IROL FEPN" ROOK LANE Ci ty Cl er,