HomeMy WebLinkAboutCity Council Minutes 10-06-1980Page 352
A regular meeting of
at 7:30 p.m. in the
on October 6. 1980.
M I NU T E S
REGULAR COUNCIL MEETING;
October 6. 1980
the Plymouth City Council was called to order by Mayor blunt
Council Chambers of the City Center at 3400 Plymouth Boulevard
PRESENT: Mayor Hunt, Counc i lmembers Davenport, Hoyt, Neils and Schneider, Manager
Willis, Administrative Assistant Boyles, Engineer Moore, Planner Tremere,
and Attornev Lefler.
ABSENT: None.
CONSENT AGENDA
MOTION was made by Councilmember Schneider, seconded by Council.
member Hoyt,, to adopt the items on the Consent Agenda with the
exception of Item. 7-L and the September 29. 1980 minutes.
Motion carried on a Roll Call vote, five ayes.
PUBLIC HEARINGS
Manager Willis introt4afeetl the public hearings and announced that
notices of the heariGngs were published in the Plymouth Post and
written notice was ma plc;.i :to each property owner being assessed.
The Manager then reviewed the requirements and procedures for
the public hearings and explained the special assessment policy
and procedures followed by the City.
A. ASSESSMENT ROLL - REMOVAL OF DISEASED TREES
Mayor Hunt opened the public hearing at 7:45 p.m.
No one chose to speak and the hearing was closed at 7:45 p.m.
MOTION was made by Councilmember Neils, seconded by Council"
member Hoyt, to adopt RESOLUTION N0. 80-7390 A RESOLUTION
ADOPTING ASSESSMENTS IN THE AMOUNT OF $2,985.40 FOR THE
REMOVAL AND DESTRUCTION OF DISEASED TREES IN THE CITY OF
PLYMOUTH IN THE YEAR 1980.
Notion carried on a Roll Call vote, five ayes.
B. ASSESSMENT ROIL - WEED ERADICATION AND DESTRUCTION CHARGES
Mayor Hunt opened the public hearing at 7:46 p.m.
Bill Sween, 516 Shadyway Road, stated he received a letter
on J07M. 1980 advising that the weeds on his vicant pro-
perty should be cut in ten days. By July 16 the weeds had
been cut by the City, and he felt he was denied the right
to take care of this problem since he had his own equipment
and planned to do it himself as he has for the past 15 years.
362-
CONSENT AGENDA
Item 4
PUBLIC HEARING
ASSESSMENT ROLL
DISEASED TREE REMOVAL
Item 6-A
RESOLUTION N0. 80439
1930 REMOVAL AND
DESTRUCTION OF
DISEASED TREES
Item 6-A
PUBLIC HEARING
ASSESSMENT ROIL
WEED ERADICATION AND
Ot,TAuCTION CHARGES
Item 6-B
Regular Council Meeting
October 6. 1980
Page 353
Councilmember Davenport stated he has received many calls about
the weeds on Mr. Sween's lot and asked if Mr. Sween has attempted
to keep tl+e weeds mowed regularly. Mr. Sween replied he mowed
them each year after he received a notice from the City.
The hearing was closed at 8:50 p.m.
r
MOT iON was mads! by Counc 1 lmember Davenport, secondO by Council- RESOLUTION N0. 80.740
memi-er 'yt , tc ado -)t RESOLUTION N0. 80-140. A RESOBTION ADOPTIk, : l A'S
ASSLZ4ENTS, IN THE HA::VT OF $?,754.49 FOR !980 WEED RABICATION 1980 WEEL n.6:4'1.'Ai 1114
AND DESTRUCTIOW CHARGES wit;. the deletion of Mr. Sween's assess- 8 DESTRUCTION ChARGES
ment providing if staff can con0n. a the time sequence of the Iters 6-8
notice to dvistroy the weeds and the a. tual clitti ng of tly: weeds
as claimed by Mr. Sween.
Motion carried on a Roll Call vote, five ayes.
C. ASSESSMENT ROLL - DELI?AJUENT SEWER & WATER SERVICE CHARGES Pl13LIC HEARING
ASSESSMENT ROLL
Mayor Hunt opened the public hearing at 8:54 p.m. DELINQUENT SEWER R
WATER SERVICE NAPGES
Beth Tremel ll inn . 2805 Fountain .ane, )hjected to being Item 6-C
assessed for a sewer and water bill incurred by the past
owner of her home. Attorney Lefler inquired if a special
assessment search had been made before she bought the home.
Mrs. Tre+nel l i ng rept ipd a search had been made and showed
no special assessments. Manager Willis replied the special
assessment search does not include delinquent sewer and water
charges but does give a nunber to call to verify this. The
Manager stated the former owner has been billed for these
charges and if payment is received this assessment will he
removed from the roll.
The hearing was closed at 9:00 p.m.
MOTION was made by Coursilmember Hoyt, second%!i by Council- RESOLUTION N0. 80-741
member Schneider, to adopt RESOLUTION We 80-7416 A RESOLUTION ADOPTING ASSEWERTr
ADOPTING ASSESSMENTS IN THE AMOUNT OF $23,132.37 FOR 1980 1980 DELINQUENT SEWER
DELINQUENT SEWER AND WATER CHARGES. AND WATER CHARGES
Item 6-C
Motion carried on a Roll Call vote, five ayes.
PETITIONS, REQUESTS AND COMMJNICATIONS
May^%% Hunt asked that the report of the Assessment Committee
be moved up on the agenda.
Manager Willis reviewed the recommendation of the Assessment REPORT OF COUNCI
Committee on Projects 611/807/853/911, Downtown Plymouth Area ASSESSMENT COMMI
and Vicksburg lane, and reported he has met with representatives PROJECTS 611/807/8531
of North Memorial Medical Center and they were satisfied with 911 Item 7-Es1
the recommendations of the Assessment Committee.
353-
Regular Council Meeting
October 6. 1980
Page 354
MOTION was made by Councilmember ;lavenport , seconded by Counc i 1- RESOLUTION NO. 80-742
member Hoyt, tc adopt RESOI.UITION NO. 80-742. 1 RESOLUTION AOOPTING ADOPTING ASSESIMERn
ASSESSMENTS IN THE AMOUNT OF $3.669.571.86 FOR PROJECTS 611/807/ PROJECTS 611/807/853/
853/411, DOWNTOWN PLYMOUTH AREA AND VICKSBURG LANE FROM HIGHWAY 911 - DOWNTOWN
55 TO OLD COUNTY ROAD 9 FOR PLYMOUTH HILLS ADDITION PAYABLE OVER PLYMOUTH AREA A
A PERIOD OF 5 YEARS. VICKSBURG LANE
Item 7-E-1
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Ua venport , seconded by Council- RESOLUTION NO. 80-743
member Hoyt, to adopt RESOLUTION N0. 80-743. A RESOLUTION ADOPTING ADOPTING XSSESSMrRM
ASSESSMENTS IN THE AMOUNT OF 5832,219.72 FOR PROJECTS 611/80)/ PROJECTS 6;1/807/853/
853/911. DOWNTOWN PLYMOUTH AREA AND VICKSUBRG LANE FROM HIGHWAY 911 - DOWNTOWN
55 TO OLD COUNTY ROAD 9 - NOT WITHIN PLYMOUTH HILLS ADDITION PLYMOUTH AREA A
PAYABLE OVER A PERIOD OF 15 YEARS. VICKSBURG LANE
Item 7-E-1
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Davenport,, seconded by Council- RESOLUTION N0. 80.744
member Hoyt, to adopt RESOLUTION N0. 80-7440 A RESOLUTION DEFER- DEMIRING ASSES W
RING ASSESSMENT IN THE AMOUNT OF $180420.60 FOR PIN 017-118-22- PROD'=CTS 611/807/853/
14-0006 FOR PROJECTS 611/807/853/911 FOR A PERIOD NOT TO EXCEED 911
5 YEARS. Item 7-E-1
Motion carried on a Roti Call vote, five ayes.
Manager Willis reviewed the recommendations of the Assessment REVORT OF COUNCIL
Committee on Project 914, 16th Avenue Improvements, and reported ASSESSMENT COMMITTEE
he spoke to the attorney representing William Stevenson and PROJECT 914
the objections he raised have been satisfied by the Committee's 16TH AYE. IMPROVEMENT
action. Councilmember Neils stated it wai the intention of the Item 7-E-2
Assessment Committee tG extend the assessment period for the
homesteaded parcels for a period of 15 years.
MOTION was made by Councilmember Neils, seconded ty Council- RESOLUTION N0. 80-745
member Davenport. to adopt RESOLUTION N0. $^-7456 A RESOLUTION ADOPTING ASSESSMMM
ADOPTING ASSESSMENTS IN THE AMOUNT OF b37,955.17 FOR PROJECT PROJECT 914
914, 16TH AVENUE IMPROVEMENTS, PAYABLE OVER A PERIOD OF 15 YEARS. 16TH AVE. IMPROVEMENTS
Item 7-E-2
Hution carried on a Roll Call vote, five ayes.
MOTION w&s made by CouncllmembEr Neils, seconded by Council- RESOLUTION NO. 80-746
member Davenport, to adopt RESOLUTION N0. 80-7465 A RESOLUTION ADOPTING ASSE31S
ADOPTING ASSESSMENTS IN THE AMOUNT OF $210,Olu.69 EXCEPTING PINS PROJECT 914
27-118-2243-0002, #27-1184244-0002 AND N27 -118-2e-44-0007 16TH AVE. IMPROVEMENTS
FOR PROJECT 914, 16TH AVENUE IMPROVEMENTS, PAYABLE OVER A PERIOD Item 144
OF 10 YEARS.
Motion carried on a Roll Call vote, five ayes.
Manager Willis revie.m.A' the recommendations of the Assessment REPORT OF CCUNCIL
Committee on Project, 906 and 919, Ameriks Addition, Medicine ASSESSMENT COMMITTEE
Ridge Addition and adjacent area. PROJECTS 906 A 919
354.
Item 7-E-3
Regular Council Meeting
October 6, 1980
Page 355
MOTION was made by Counc i 1 member Hoyt. seconded by Council-
member
ounci1-
member Neils, to adopt RESOLUTION NC. 80.747, A RESOLVICh
ADOPTING ASSESSMENTS IN THE AMOUNT OF $70,621.40 rr.R Pnuxcrs
906 AND 919,, EXCEPT MEDICINE RIDGE AND AMERIKS ADDITI.1,15,
PAYABLE OVER A PERIOD OF 15 YEARS.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Council-
merW-)er Hoyt, to adopt RESOLUTION N0. 80-7486 A RESOLUTION
REDUCING SPECIAL ASSESSMENTS FOR PROJECT N0. 116, PINETREE
PO%D STORM WATER OUTLET IMPROVEMENT AS FOLLOWS:
Motion carried on a Roll Call vote, five ayes.
RESOLUTION N0. 80
PRWECIS 906 A 919
EXCEPT MEDICINE RIDGE
d AMERIKS ADDITIONS
Item 7-E-3
RESOLUTION N0. 80-748
ASSESSMENTS FOR
PROJECT N0. 116
PINETREE POND STORM
WATER IMPROVEMENTS
Item 7-F•
Manager Willis reviewed the history of the railroad car on the LOT DIVISION
site of the iox Meadows Racquetball Court at 3020 Harbor Lane PHOENIX MUTUAL LIFE
and the ree,iest for subdivision variafte which would create a INSURANCE CO.
new oarcel of .548 acres containing the recreation building (A-441) Item 7-C
and railriad car. The Manager then review.d the Planning
Commissi(,n's recommendatior foir denial.
Harlan Stronj. representing Phoenix Mutual life Insurance Co.,
s a ee.Te petitioned for this lot division in January. 1980 and has
been delayed by requirements staff has made to complete the applica-
tio i. He stated they Dish to divide the property so that Parcels A
aR.1 may be assessed acrd taxed as separate entitites. %yor Hunt replied
Relinar Builtiers stated the railroad car anis to be strictly an amenity
to the de-ietopment, and it wss approved on this basis since it would not
have otherwise met the code requirements. The Mayor stated Counzi l
i,as tried to accommndate the owner in the past by allowing a di ffererit
use for the railroat car than that which was originally approved, but
it does riot meet cone requirements for a separate p:..•cel.
355-
ORIGINAL REVISED
PIN 0 ASSESSMENT ASSESSMENT
30-118-22-33-0613 1,464,72 370.11
31-118-22-12-0001 2,299.97 266.59
31-118-L'2-12-0002 71700409 852.52
31-118-22-12-0009 182.90 21.20
31-118-22-21-0004 106-17 27.03
31-118-22-21-0006 10t.. I; 27.03
31-118-22-21-bO3 7 19048o75 265.00
31-118-22-21-0038 1, 027.78 259.10
31-118-22-21-0039 194.71 49.21
31-118-22-21-0040 1,168.61 295,29
31-118-22-22-3006 09.75 53.00
31-118-22-22-0008 335.60 84.80
31-118-22-22-0009 629.25 159.00
17alm"4074
Motion carried on a Roll Call vote, five ayes.
RESOLUTION N0. 80
PRWECIS 906 A 919
EXCEPT MEDICINE RIDGE
d AMERIKS ADDITIONS
Item 7-E-3
RESOLUTION N0. 80-748
ASSESSMENTS FOR
PROJECT N0. 116
PINETREE POND STORM
WATER IMPROVEMENTS
Item 7-F•
Manager Willis reviewed the history of the railroad car on the LOT DIVISION
site of the iox Meadows Racquetball Court at 3020 Harbor Lane PHOENIX MUTUAL LIFE
and the ree,iest for subdivision variafte which would create a INSURANCE CO.
new oarcel of .548 acres containing the recreation building (A-441) Item 7-C
and railriad car. The Manager then review.d the Planning
Commissi(,n's recommendatior foir denial.
Harlan Stronj. representing Phoenix Mutual life Insurance Co.,
s a ee.Te petitioned for this lot division in January. 1980 and has
been delayed by requirements staff has made to complete the applica-
tio i. He stated they Dish to divide the property so that Parcels A
aR.1 may be assessed acrd taxed as separate entitites. %yor Hunt replied
Relinar Builtiers stated the railroad car anis to be strictly an amenity
to the de-ietopment, and it wss approved on this basis since it would not
have otherwise met the code requirements. The Mayor stated Counzi l
i,as tried to accommndate the owner in the past by allowing a di ffererit
use for the railroat car than that which was originally approved, but
it does riot meet cone requirements for a separate p:..•cel.
355-
II
i
Regular Council Meeting
October 6, 1980
Page 356
Mr. Strung stated their legal title to the Fox Meadows office building
did plot indicate that the railroad car was attached to the property.
In response to Council's questions, Mr. Strong stated they were aware the
car wa.% on the property, but it was leased to other parties and they did
not include i!, in the legal description of the parcel. Mr. Strong also
stated they were not aware of any agreements the original owner made with
the Council regarding the u•;e of the car as an amenity to the development.
Attorney .efler replied, under the statutes,
office sho!:ld have reviewed the title and not
matter of The railroad car was resolved, but
of this matter.
the Hennepin County records
recorded it until the
the City had no knowledge
Councilmember Neils stated the railroad car cannot function as a free-
standing parcel without creating a problem for the City and adjacent
property owners sinr:e it does have adequate parking and he was not in
favor of the lot division for this reason. He stated it seemed the legal
description on the office building mortgage had not been verified by petitioner.
MOTION was made by Mayor Hunt. seconded by Councilmember Hoyt,
to adopt RESOLUTION NO. 80-749, A RESOLUTION DENYING SUBDIVISION
VARIANCE TO PERMIT A LOT DIVISION FOR PHOENIX MUTUAL LIFE INSU-
RANCE COMPANY AT 3020 HARBOR LANE (A-441).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Mayor Hunt, seconded by Courc i l memi. o r Hoyt,
to direct staff to research the original conditional -:se permit
for the railroad car to determine whether it is still being used
on the basis it was approved. and if it is not, refer it to the
Planning Commission for study to determine the proper use and status
of the railroad car on this property.
Motion carried, four ayes. Counc i lmemer Neils voted nay.
Don Russ. manager of Fox Meadows, stated there are nine parking
s a s available for the parcel containing the railroad car.
Manager Willis introduced the request for rezoning for Plymouth
Hills Estates RPUD 80-3 for Gar -Lar Properties which was deferred
at the September 22, 1980 Council meeting since there were not
five Councilmembers present.
MOTION was made by Councilmember Neils, seconded by Mayor Hunt,
to adopt ORDINANCE NO. 80-17, AN ORDINANCE AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LAND LOCATED IN THE SOUTHWEST
CORNER OF COUNTY ROAD 9 AND VICKSBURG LANE AS R-2 (LOW DENSITY
MULTIPLE RESIDENCE DISTRICT) FOR PLYMOUTH HILLS ESTATES RPUD 80-3.
Motion carried on a Roll Call vote, four ayes.
Schneider voted nay.
Councilmember
RESOLUTION NG. 80-749
VARIANCE TO PERMIT
LOT DIVISION FOR
PHOENIX MUTUAL LIFE
A-441) Item 7-C
ORDINANCE N0. 80-17
AMENDING VNI`Rr -
ORDINANCE TO R-2
FOR PLYMOUTH HILLS
ESTATES RPUD 80-3
80013) Item 7-A-1
Councilmember Schneider spoke against the rezoning since he be-
lieves this particular petition does not warrant density credit
for saving the natural terrain since there is nothing to preserve
on the propArty and the proposed man-made pond is not a natural amenity.
356-
Regular Council *et i ng
October 6, 1980
Page 357
Manager Willis introduced the request for approval of rezoning.
site plan and conditional use permit for Plymouth Covenant Church
at County Road 9 and Vicksburg lane (80051).
MOTION was made by Councilmember He.yt, seconded by Council -
member Neils, to adopt ORDINANCE N0. 80-18, AN ORDINANCE AMENDING
THE ZONING ORDINANCE TO CLASSIFY CERTAIN LAND LOCATED IN THE
NORTHWEST QUADRANT OF THE INTERSsCTION OF VICKSBURG LANE AND
COUNTY ROAD 9 AS R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL.)
FOR PLYMOUTH COVENANT CHUR,H (80051).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils. seconded by Council-
member Hoyt, to adopt RESOLUTION NO. 80-750, A RESOLUTION
APPROVING SITE PLAN *'0 COND!TIONAL USE PUMIT FOR PLYMOUTH
COVENANT CHURCH LULL'sL D IN THE NORTHEIST QUADRANY OF VICKSBUFG
LANE AND COUNTY ROAD 9 (80051).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schmidlllr, seconded by Council-
rrTber Hoyt, to adopt ORDINANCE NO. d0-19, AN ORDINANCE AMENDING
THE ZONING 01INANC.E TO CLASSIFY CE'A TAIN LAND LOCATED IN THE
NORTHWEST QUAORA.N OF THE INTERSEC7ION OF I-494 AND COUNTY POAD
6 AS I-1 !PLANNED INDUSTRIAL) FOR WAGNER SPRAY -TECH, INC. (80(144).
Motion carried on a Roll Call vote. five ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Hoyt, to adopt ORDINANCE N0. 8040, AN ORDINANCE AMENDING
THE ZONING ORDINANCE TO CLASSIFY CERTAIN] LAND LOCATED AT 13200
STATE HIGHWAY 55 AS R -1A (LOW DENSITY SINGLE FAMILY RE51DENTIAI.).
Notion carried on a Roll Call vote, five ayes.
Manager Willis introduced request for site plan amendment for
Thompson Lumber Company involving a building addition and site
improvements at 1005 North County Road 18.
Roger Zahn, attorney for petitioner, stated this same plan was
approved in 1975 without the additional requirement on the pavt
of the Planning Commission that tht front area be converted to
yard rather than parking space. Mr. Zahn stated petitioner feels
their plan is a good plan and the requirement of the Planning
Commission would be an additional expense that is not needed.
Councilmember Hoyt asked what necessitated the expansion. Mr,
Zahn replied they are expanding the storage area, but they are
not changing the scope of the business.
Council review%,.d the sits plan and the traffic pattern on the site.
Councilmember Pleils stated the site needed some corrections, but
the requi rem,,nt. for curbing around the (arks ng area will correct
the problem of the parking area spilling over to the open space.
357-
ORDINANCE NO. 80-18
ORDINANCE TO k-lA
PLYMOUTH COVENANT
CHURCH (80051)
Item 7-A-2
RZSOLUTION N0. 80-750
APPROVING SITE PITN
CONDITIONAL USE
PERMIT FOR PLYMOUTH
COVE NAYT CHURCH
80051) Item 7-A-2
ORDINANCE N0. 80-19
AMENDING ZMUW
ORDINANCE TO I-1
WAGNER SPRAY -TECH
80044) Item 7-
IRDINANCE N0. 8040
ORDINANCE TO R-lA
VISION OF GLORY
LUTHERAN CHURCH
80050) Item 7-A-4+
SITE PLAN AMENDMENT
THOMPSON LUMBER CO.
A-617) Item 7-8
L
Regular Council 11teet i ng
October 6, 1980
Page 358
Councilmember Schneider stated that the site is overly used now and he
expressed concern that an addition would add more traffic. Co u nc i I membe r
Neils stated the existing parking area is overloaded now. but an additional
paved parking area is being proposed adjacent to the new addition. Council -
member Davenport stated except for the issue of the taking of County Road
18 right-of-way, the site would meet all the requirements for site plan
approval. Councilmember Schneider questioned Mr. Zahn about the proposed
changes, in the location of the doors and entrances to the building.
There was discussion of tie proposed parking areas for employees and
customers and Council questioned whether the parking provided was satis-
factory. Planner Tremere replied there is additional land available for
parking if the need arises.
MOTION was made by Mayor Hunt. seconded by Councilmember Neils, RESOLUTION NO. 80-751
to adopt RESOLUTION NO. 80-751, A RESOLUTION APPROVING SITE PLAN APPROVING SITE PLAF_
AMENDMENT FOR TH014PSON LUMBER COMPANY LOCATED AT 1005 NORTH AMENDMENT-THOMPSON
COUNTY ROAD 18 with the deletion of Condition 3 and of the LUMBER CO. (A417)
reference to Condition 3 in Condition 11; with all other Item 7-C
conititions renumbered.
Councilmember Neils questioned the traffic circulation pattern.
Mr. Zahn stated they would not object to a ane -way circulati3o
pattern on the si !:e.
MOTION TO AMEND wus made by Cot ncilmember Schneider, seconded
by Councilmember Davenport,, by adding a new Condition 12 requir-
ing that concrete curbing be established to direct inward traffic
from the service road only to the north of the building.
Motion to amend failed, one aye. Mayor Hunt. Councilmembers
Davenport, Hoyt and Neils voted nay.
Motion to adopt RCSOLUTION N0. 80-751 carried on a Roll Call vote,
five ayes.
Manager Willis i nt:roduced request for approval of conditional use CONDITIONAL USE
permit and variances For tower height setback for Jacobs Wind PERMIT 3 VARIANCES
Electric Company at 27:0 Fernbrook Lane (80042). JACOBS WIND ELECTRIC
80042) Item 7-D-1
Councilmember Neils stated he would not participate in the dis-
cussion out he su gested Courreil consider the following two issues:
1) is there adequate parking for a multi -tenant manufacturing use,
and 2) is the location of the tower compatible with the common drive
way which was approved earlier !his year for the site to the south.
Planner Tremere replied the Planning Commis0 on did not look at the
plan for the site to the south. Council asked to see thq site plan
of the site to the south, Raul's Woodcraft (A-770). Councilmember
Davenport inquired if there is any way to keep the tower farther
away from the property line.
Paul Jacobs, petitioner, stated they picked the location based on
the flow of traffic around the site and the site is the least: exposed
area in the traffic circulation plan. Also. they had entered into a
lease agreement with the owner for this location.
0, 58-
Regular Council Meeting
October 6, 1980
Page 359
Planner Tremere displayed the site elan of Paul's Woodcraft 20 the
south of the Jacob's site noting that it indicates open driveway and
parking all the way to the rear of the site which would rt!sul t in the
tower site being located in the center of the driveway. Mr. Tremere
stated if the tower were located 25 feet back, in conformance with
ordinance requirements, it would be out of the common parking area.
Paul Jacobs stated they have signatures from property owners if the
Jacobs' site and Paul's a'bodcraft site approving the location of the
tower. He stated there are several utility poles existing in the sante
line with the proposed tower's location.
M. L. Jacobs, petitioner, stated they would not agree to joint parking
or driveway on the site area they have leased.
Planner Tremere st4ted if, in fact, the property owner, Mr. Raddatz,
has entered into a lease with the tenant, Mr. Jacobs, allowing aro ease-
ment for the tower, the site plans for this site or the site to the south
must be revised. He noted the approval of setback variances and joint
parking for Paul's Woodcraft had been based on petitioner's representation
that there was an easement from Mr. Raddatz for chat design. Counci Imember
Davenport agreed the site plans are inconsistent and the owners must resolve
th, problem before a conditional use permit may be granted for the tower.
MOTION was made by Councilmember Davenport, seconded by Council -
member Schneider to defer action on the approval of the conditional
use permit fir Jacobs Wind Electric Company until staff meets with
the property owners of this site and the site to the south and they
come to an agreement regarding the common driveway and the tower site
and return to Council.
Mr. Jacobs stated their lease for the tower site is not subject to
parking uses and they will not allow a driveway on their property
without their agreement. Mayor Hunt statod it must be determined
if the lease existed before easements were granted for Paul's Woodcraft%
Councilmember Neils stated Council would have a problem approving
two conflicting uses for the same piece of land without determining
who has t.ie legal right to proceed with their use.
SUBSTITUTE MOTION was made by Councilmember Davenport, seconded by
Mayor Hunt, to adopt REc,OIUTION N0. 80-152, A RESOLUTION APPROVING
CONDITIONAL USt PERMIT AND VARIANCES FOR JACOBS WINO ELECTRIC CO.
AT 272n FERNBROOK LANE with the addition of Condition 6 stating
that 1'.ere shall be no inconsistency with the site plan to the
south of this site and directing staff to require documentation
to determine who has the right to proceed before any permits are
issued for either plan.
Substitute motion carried, three ayes. Councilmember Schneider
voted nay and Councilmember Neils abstained.
MOTION was made by Councilmember Neils, seconded by Council -
member Davenport, to direct staff to review the occupancies
and parking adequacy for this sits.
Motion carried, five ayes.
359-
RESOLUTION NO* 80-152
USE PERMIT 8 VARIANCE
JACOBS WIND ELECTRIC
80042) Item 7-0-1
i
Regular Council Meeting
October 6, 1980
Page 360
MOTION was made by Councilmember Hoyt. seconded by Council- RE'.?LUTION N0. 80-753
rvmber Schneider, to adopt RESOLUTION NO. 80-753. A RESOLUTION art. 0
DENYING CONDITIONAL USE PERMIT FOR DAVID R. CARLSON TO USE THE wS... PERMIT FOR
HOUSE LOCATED AT 15900 - 12TH AVENUE NORTH AS A SALES OFFICE. SA; ES OFFICE 1N HOME
OA'; IO R. CARLSON
Notion carried on a Roll Call vote, five ayes. (8055) Item 7-D-2
MOTION was made by Councilmember Schneider, seconded by Council- RE:OLU'TION N0. 80-754
member Hoyt, to adopt RESOLUTION N0. 60-7540 A RESOLUTION AF1100NG CONDITIONAL
APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR UNION CITY USt' PERMIT -EXPANSION
MISSION, INC. TO EXPAND THE EXISTING DETOXIFICATION CENTER DE T3XIFICATION CENTER
LOCATED AT 3401 EAST MEDICINE LAKE BOULEVARD TO ACCOMMODATE UN1=)N CITY MISSION
3C BEDS (A-643). (A-43) Item 7-0-3*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Council- RESC°.UTION N0. 80-755
member Hoyt, to adopt RESOLUTION N0. 80-755, A RESOLUTION AM S C
APPROVING PLANS AND SPECIFICATIONS ANO ORDERING ADVERTISEMENT ORCE:
Regular Council feting
October 6. 1980
Page 361
MOTION was made by Councilmember echr:eider, seconded by Counctl-
member Hoyt, to adopt RESOLUTIrel NO. 80-760. A k:SOLUTION
AUTHORIZING RELEASE OF SIT% PERP ORMAKBOND IN THE AMOUNT OF
57.750 FOR COMPLETION OF -SITE IMPRr;iPEMrNTS TO THE SCOVILLE
PRESS PHASE I BUILDING LOCATED AT 62:15 NORTH FERNBROOK LANE.
Motion carried on a Roll Call vote, Live ayes.
MOTION was made by Mayor Hunt. seconded v Councilmember Hoyt,
to adopt RESOLUTION 10. 80-7610 A RIESOLUTICN AUTHORIZING FILING
OF APPLICATION FOR GkANT TO ACOUIRE AND DEVELOP OPEN SPACE UNDEP
THE PROVISION OF T':., FEOtRAL LAND AND WATEF. CONSERVATION FUND A:_ r
AND THE STATE NATURAL RESOURCE FUND FOR Tlii' DEVELOPMENT OF EAST
MEDICINE LAKE BEACH.
MOTION carried on a Roll Call vote, four ayes. Councilmember
Schneider voted nay..
Councilmember Schneider expressed-oncern about the City's
responsibility to provide funds for the balance of the cost
of developing this park.
MOTION was made by Councilmember Schneider. seconded by Council -
member Hoyt, to adopt RESOLUTION N0. 80-762. A RESOLUTION
DESIGNATING POLLING PIACES FOR THE GENERAL ELECTION SCHEDULED
FOR NOVEMBER 4. 1980 IN THE CITY OF PLYMOUTH.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Hoyt, to adopt RESOLUTION NO. 80-763, A RESOLUTION
APPROVING ELECTION JUDGES FOR THE GENERAL ELECTION SCHEDULED
FOR NOVEMBER 4, 1980 IN THE CITY OF PLYMOUTH.
Notion carried on a Roll Call vote, five ayes.
Councilmember Neils asked that existing speed limits be idenEitied
on those streets proposed for speed limit studies by Mn/DOT.
Engineer Moore replied the speed limit in an urban district is
30 m.p.h. and in a non -urban district is 55 m.p.h.
MOTION was made by Councilmember Hoyt, seconded by Council -
member Schneider, to adopt RESOLUTION N0. 80-764. A RESOLUTION
REQUESTING Mn/DOT TO CONDUCT SPEED LIMIT STUDIES ON THE FOLLOWING
STREETS: VICKSBURG LANE - HWY. 55 TO C.R. 47; PLYMOUTH BOULEVARD
HWY. 55 TO C.R. 9; PINEVIEW LANE - HAMEL ROAD TO C.R. 47; LARCH
LANE - HAMEL ROAD TO C.R. 9; NEW C.R. g - VICKSBURG LANE TO OLD
C.R. 9; 23RD AVENUE - NIAGARA LANE TO 1= ER (BROOK LANE; HAMEL RUD -
LARCH LANE TO ZACHARY LANE; MEDINA ROA'J - NIAGARA LANE TO VICKSBURG.
Motion carried on a Roll Call vote, four ayes. Councilmember Neils
voted ray.
Council recessed from 9:35 to 9:50 p.m.
361-
RESOLUTION NO. 8
AP -PR G BONDR SE
SCOVILLE PRESS (X3)
Item 7-K*
RESOLUTION N0. 80-761
XOTHORIZING FILING OF
LAWCON GRANT APPLICA-
TION
PPLICA-
TION - Item 7-L
RESOLUTION NC, 80-762
D'91'Qt7. TRS
PLACES FOR G:N!R
ELt-;:TIO N 11/4/80
Item 1-M*
RESOLUTIOR N0. 80-763
APPROVINU EITCTIUF-
JUDGES FOR GENERAL
ELECTION 11/4/80
Item 7-M*
RESOLUTION N0. 80-764
1 n
CONDUCT SPEED LIMIT
STUDIES - Item 7-N
Regular Council Meeting
October 6, 1960
Page 362
The Council resumed discussion of the Engineer's proposal to DEVE'LOPMEN'T DISTRICT
revise boundaries for the Sanitary Sewer Service Area to exclude BOUNDA-%ZES FOR
development of districts NC -9, NC -9, NC -l0, NC -11 AND BL -5 west S.AN70Y SEDER
of I-494, as defined in the Comprehensive Sewer Plan, to prevent SERVICE AREA
saturation of the Northeast Interceptor before the Elm Creek :.em 7-1.)
Interceptor is completed. Manager Willis stated the Engineer's
study indicates the only interceptor sewer that has a ,iroblem
with future capacity would be the Northeast Interceptor aro.; the
Engineer displayed exhibits showing what could happen in terms
of development saturation in Northeast Plymouth if his assump-
tions were proved to be valid.
Mayor Hunt objected to the deletion of land that flows naturally
by gravity into this sewer in favor of Jami that does not natu-
r'dTey flow in this direction. The Mayor stated the Bass Lake and
Pike Lake a!Lss were diverted to the south at the time of the
adoption of the Comprehensive Sewer Plan because it was known that
the Northeast Interc.,ptor would not have the capacity to serve their.
Mayor Hunt stated he would favor letting the land which flows by
gravity into the sewer remain in the Northeast Sewer District and
cancel the plans for the Pike lake Interceptor.
Counc-ilmember Davenport stated that developers must look to the City's
Comprehensive Sewer Plan and not depend solely on the topography of
the land when considering the purchase of land for future development,
Councilmemoer Neils reviewed the history of the City's "omprehensive
Sewer Plan from the time of its orginal approval in 1954. He stated
before Council takes a position of development restriction, it should
look at what the cost would be to build a sewer parallel to thew North-
east Sewer to remedy the capacity in that district if the solution
promised by the Metropolitan Sewer Boa ro is riot coming in time.
Councilmember Neils also suggested ,considering the alternative of
extending the force main farther downstream on the gravity „rain.
Mayor Hunt stated the entire City drained into Southeast Plymouth
before the Council, e f i t S %,,, vo r i t ion, diverted certain 1 a nd to
the Elm Creek Interceptor.
Council member Neils stated the City i s , in general. devel opi :1g at
a lesser rate of lard use intensity than was contemplated in our
Land Use Guide Plan. Manager Willis replied this data was developed
recognizing the change in land use in Pike Lake Regional Park.
The Iarwger stated approximately $285,000 would be required, at
today's costs, for piping to parallel the Northeast Interceptor,
Mayor Hunt stated he felt by restricting land area from develop-
ment and not collecting area charges for this land, the City would
experience a bigger loss than the cost of the sewer. The % yor
stated the MUSA line is established by the. Netro Sewer Board and
we must: assume it will be extended at the completion of the Elm
Creek Interceptor. He stated since we had the assurance of the
MFtro ';ewer Board that this interceptor would be built by the year
2,000 when developing the City's Comprehensive Sewer Plan, they
should participate in the cost of the parallel sewer line if they
cannot provide the Elm Creek Interceptor when they promised.
31 2-
Regular Council Meeting
October 6, 1980
Page 363
Manager Willis stated consideratian of the :ttension of the sanitary
sewer line is only one part of decl;ions that must be made each year
regarding the development of streets and utilities curing Council's
review of the 5 -year Capital Improvement Program.
Mayor Hunt reviewed the history of the City's Comprehensive Sewer P I (i n
stati.•.1 the Sewer Board made the decision to put in force mains to
hook up to the Metre sewer system to be able to serve a greater area
of the City. At that time the Board also made the decision to go to
the Metro sewer system rather than to the Purgatory Creek systema
The Mayor stated he felt a'ry land with the MUSA line should be able
to be developed and the Metro Sewer Council is on record to have
approved the diversion of land into the Elm Creek Interceptor.
Councilmember Nulls stated she felt Council must abide by the good
intentions of the Metro Sewer Board and if they do not honor their
obligation, we will have the ability to correct the problem in the
future. Councilmember Neils ;Lazed it is the Council's duty to
monito,r, development each year and prohibit the development of land
west o- I-494 until the Elm Creek Interceptor is completed.
Manager Willis stated staff should be able to depend upon` the 5 -Year
C.I.P. to inform neve*opers which areas are proposed for development
of trunk facilities. Engineer Moore reviewed the 5 -Year C.I.P. for
sanitary sewer and Manager Willis outlined the proposed additions to
existing lines. Councilmember Davenport inquired how long the Pike
Lake Interceptor hat been in the 5 -Year C.I.P. Councilmember Neils
replied since 1472. Manager Willis stated the City Cuncil has en-
couraged development by permitting the developrr.:nt of the Northeast
area and developing a policy based on gravity or force mains would
not be advisable. He stated land that has been assessed for area
charges has priority for development. The Manager advised Council
to study the 5 -Year C.I.P. and decide where to channel developr ent.
Clyde 3rodt, 4660 West Medicine Lake Drive, stated he sold property
to the B -T Land Company after he was informed by the City that sewer
and water would be available to his property and there was adequate
capacity in the district for his land. At that time, the B -T land
Company was also told they cclild develop this property. Mr. Brodt
stated land with sewer and water availability is much more variable
and if his land 1s deleted from the sewer district, he would not be
able to recover the loss incurred.
Al Stobbe, 125 Paisley lane, stated when he sold Mr. Brodt's land
to BJ Land Company, it was represented to him that sewer and water
would be available, and this property is not worth the pLrc:hase price
if utilities are not available.
Councilmember Neils stated the 5 -Year C.I.P. does not give a finite
commitment for availability of sewer and water to any property, for
it is reviewed and revised from year to year by the Council. The
only matter of certainty in the 5 -Year C.I.P. are the projects
ordered each year.
363-
i
41
Reqular Council Meeting
October 6. 1980
Page 364
Rick Murray, representing B -T Land Company, stated they were informed
last summer that sewer and water would be available to this land and
they purchased the land on the assumption that it could be developed.
They must act on their contract for deed at this time or the land will
revert to the owner. Fie stated the land was in the 1982 C.;.P. and City
staff agreed the property could be served with existing trunk lines at
no additional costs to the trunk fund. Before purchasing the land,
they met %ith the City Engineer and City Panner and were told the
land could be serves.
Counrilmember Neils stated if the entire parcel is served from existing
line at the western boundary of the property. it will place the City
in a position where it must ad(' lines to the north which would be un
Assessable as lateral lines. Therefore, there is a problem of how much
of the property should be served by the sewer from the east.
Mr. Murray stated he would like some indication from Council whether
or not there will be sewer available to the land in some fashion.
James Johnston, representing Charlton Consolidates Cos., since their
land was in the 5 -Year C.I.P. last year. they object to having the
land deleted from the C.I.P. indefinitely.
Mayor Hunt expressed his concern that if no action is taken on the
staff's recommendation for revised Sanitary Sewer District boundaries,
it will be giving tacit approval to the staff's recommendation.
Counci lmember Neils stated nothing has changed about the sewer system
except the uncertainty that the Elm Creak Interceptor will be built
when it was promised, and he did not feel this warranted action to
revise the district boundaries.
MOTION was made by Mayor Hunt,, seconded by 0 uncilmember Hoyt. to
direct staff that all development districts within the MUSA line
shall be considered available for development in conformity with
the adopted C.I. and restriction of development within this area
shall be dealt with from the standpoint of the timing of the need for
a t'ne paraliel to the Northeast Interceptor bayed on development
requt rement s.
Mc)tion carried, five ayes.
Councilmember Neils recondilended retaining the status quo on the
Sanitary Sewer District boundaries, handling development gro%th
under the 5 -Year C.I.P. and raking a look at what sewer area and
REC charges in the Jevelroping area would amount to if a parallel
line must be built in the future.
Manager Willis introduc+sd Maple Grove's request to connect approx-
imately 16 acres of high density residential development to the
City of Plymouth's sanitary sewer system in exchange for provision
cf ;service to an equal amount of flow from Plymouth if capacity
problems develop in any of Plymouth's sewer system.
364-
REQUEST FOR SANITARY
SEWER SERVICE 8Y
MAPLE GROVE
Item T -P
Regular Council Meeting
October 6, 1980
Page 365
MOTION was made by Mayor Hunt, seconded by Council member Davenport.
to approve the concept of extending s.in'tar•y ;t.awer u-ripice to Maple
Grove according to the terms of Engi rtzer• Moore's memurendum dated
October 3. 1980s
Motion carried, five ayes.
Manager Willis reviewed proposed revision, to "rite 5 -fear C.I.P.
POTION was imide by Mayor Hunt, seconded by Counc i f member Neils,
that the section of the North Central Interceptor frau the Certral
Park property to 49th Avenue be put in the 1983 C.I P. and not
become part of the unsewered district.
SUBSTITUTE MOTION was made by Councilmember 4eils. seconded by
Councilmeinber Hoyt. to construct the North Central Interceptor to
provide service to NC -1 in 1983. NC -8 in 1984, and NC -9 in 1985
with no crossing of I-494 until after 1985.
Substitute motion carried, ;live ayes.
R10TION was made by Mayor Hunt, seconded by Councilmember Davenport,
to adopt RESOLUTION Nu, 80-7659 A RESOLLF ION APPROVING THE 5 -YEAR
CAPITAL IMPROVEMENTS PROGRAM FOR 1981 - 1985, as amended by
Council*
Motion carried on a Roll Call vote, five ayes.
Richard Deziel , 4525 Jcksburg Lane, sated he owned 40 acres
of land across from the Amhurst development on Vicksburg Lane
and he hoped sewer and water would be available to the area
so that he could develop 12 lots which would be the first addi-
tion of a 40 -acre PUD. He stated the lots would drain to the
to the west and south.
Engiree,% Moore replied this land would not be served within the
5„Year C.I.P. and this development might promote development
west of Vicksburg Lame. Manager Willis stated the balance of
the lots wnuld not t%f: developed before 5-7 years. Councilmember
Neils stated Council could not approve an RPUD concept for land
that may not have sewer capacity for many years. It would have
to be developed traditionally and the land approved on the basis
of present development ani!. Councilmember Neils stated it is
possible to pick up limited acreage on the west piping system,
but the whole utility and street system must be considered
for- any negative impact.
MOTION was made by Councilmember Vivenport, seconded by Council -
member Neils, that Council was not opposed to development of
Mr. 0ezieV s property as conventiowl single family platting
and would consider a petition for extension of development
of !en acres on the basis that the City's sewer system can
absorb the added capacity without any ,adverse impact.
Notion carried, four ayes. Councilmemher Schneider voted nay.
365-
T
1981-1985 CAPITAL
IMPROVEMENT PROGRAM
Item 7-R
RESOLUTION N0. 80-765
1981.1985 5 -YEAR
rAPI';AL IMPROVES
PROGRAM
Iter. 7-R
Regular Council Meeting
October 6, 1980
Page 366
MOTION was ma0e by Mayor Hu:}t, seconded ty Councilmember Hoyt,
to jpprove the ircorporatiost of the West Medicine take
into <he water and street program.
Mattoti carried, five ayes,
tanager Willis reviewed the schedule of taxes paid by Plymouth
hor..eaAners for all City operations from 1977 through 1981.
40TICV w:s made by Councilmember Hoyt, seconded by Council-
r:mbe geils, to adopt RESOLUTION NO, 80-7669 A RESOLUTION
D( oT r NG THE 1981 CITY nPERAT I NG [BUDGETS.
i 9N TO AMEND was made by Mayor Hunt, seconded by 'ounci 1-
memF«r• Davenport, that the funds not expended for two persons
de!,..,( -d from the Building Inspection Departrient from July through
Ja n,:A 'y be transferred into the 1981 Contingency budget instead
o4' th,: General Fund Surplus and one Inspector's position be deleted
from they Contingency Fund, and those funs+s transferred to the
Public Works Reserve Fund.
Motion to amend failed, one aye. Councilmembers Davenport., Hoyt,
Neils and Schneider voted nay.
Motion to adopt Resolution No. 80-766 carried on a Roil Call vote,
five ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Neils, to adopt RESOLUTION NO. 80-761, A RESOLUTION LEVYING TAXES
FOR 1981 IN THE AMOUNT OF $5$042,314.00
Notion carried on a Roll Cali vote, five ayes.
MOTION was made by Councilmember Neils, seconded by Council -
member Davenport, to approve the minotes of the September 29,
1980 special Council meeting correcting paragraph 2 of page 344
by attributing the statement to Mayor Hunt rather than to
Councilmember Davenport.
Motior carried, four ayes. Mayor Hunt abstained.
The meeting adjourned at 11:55 p.m.
366-
w a
RESOLUTION N0. 80-766
AbOTSMT—ET7
OPERATING BUDGETS
Item 7-Q
RESOLUTION N0. 80-767
MYING TAXESF-
Item 7-Q
MINUTES - SPECIAL
COUNCIL MEETING
SEPTEMBER 29, 1980
Item 5