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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