HomeMy WebLinkAboutCity Council Minutes 02-02-1981It
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MINUTES
REGULAR COUNCIL MEETING
February 2, 1981
A regular meeting of the Plymouth City Council was called +:o order by Mayur Davenport
at 7:30 p.m. in the Council OChambers of the City Center at 3440 Plymouth Boulevard on
February 2. 1981.
PRESENT: Mayor Davenport, Councilmembers Hoyt, Neils, Schneider and Threinen, City
Manager Willis, Assistant Manager Boyles, Engineer Moore, Planner Trerilere
and Attorney Lefler.
ABSENT: None,
CON!,ENT AGENDA
MOT ON was irlide by Councilmember Neils, seconded by Councilmember
E'oy+:, to adopt the items on the Consent Agenda with the fol!ewing
exceptions: Items 6-A-5. 6-G-19 6-G-3. 6-H, 6--J and 6-M-5.
Motion carried cin a Roll Ca I 1 vote, five ayes.
MINUTES
MOTION was made by Councilmember Neiis, seconded by Councilmember
Htyt, to approve the minutes of the Jaiw ary 26. 1981 special
Council meeting as submitted.
Motion carried on a Roll Call vote, five ayes.
Mayor Davenport read a
February 8 through 14.
in the City of Iymouth
co,nmun i ty.
proclamation designatinn the week of
1981 as Minnest)ta Jaycees Women Week
in honor of their contributions to the
P'ET'ITIONS, REQUESTS AND COMMUNICATIONS
MOTION wis made by Councilmember Neils, seconded by Councilmember
Hoyt, t:, adopt RESOLUTION NO. 81-77, A RCSOLUTION CALLING FOR A
PUBLIC HEARING ON A..'ROPOSAL TO UNDERTAKE AND FINANCE. A PROJECT
FOR BANNER ENGINECRING CORPORATION UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT ON FEBRUARY ?3, 1981 AT 7:30 P.M.
Motion carried on a Roil Call vete, five ayes.
MOTION was ma,,e by Councilmember Neils, seconded by Councilmember
Hoyt, to adopt RESOLUTION NO. 81-78, A RESOLUTION CALLING FOR A
PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT
FOR DELTAK CORP6RATION UN'JER THE MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT ON FEBRUARY 23, 1,SP1 aT 1:30 P.M.
Motion carried on a Roil all vote, five ayes.
33-
CONSENT AGENDA
Item 4
MINUTES - SPECIAL
COUNCIL MEETING
JANUARY 26, 19C1
Item 5*
MN JAYCEES WOMEN
WEEK IN PLYMOUTH
RESOLUTION N0. 81-77
ORDERINGPUBLIC HEARING
IRB FINANCING rOR
BANNER ENGINEERING CORP
Item 6-A-1
RE`,OLUTION N0. 81-78
70WRING PU C II NG
IR3 FINANCING FOR
DELTAK CORPORATION
Item 6-A-?
Pegular Council Meeting
February 2, 1981
Page 34
40TION was made by Councilmember Neils, seconded by Councilmember
Hoyt, to adopt RESOLUTION N0. 81-799 A RESOLUTION CALLING FOR A
PUBLIC HEARING ON WATERMAIV IMPROVEMENTS TO RIDGEMOUNT AVENUE,
PROJECT lC4, ON FEBRUARY 17, 1981 AT 7:30 P.M.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Cound'Imember Neils, seconded by Councilmember
Hoyt, to adopt RESOLUTION NO. 81-801, A RESO;.jTION ORr)ERING A
PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF 16TH
AVENUE IN PLYMOUTH ORCHARDS ADDITION ON MARCi! 2, 1981 AT 7:30 P.M.
Motion carried on a Roll Call vote, five ayes.
MOTION was rnade by Councilmember Schneider, seconded by Council-
memr_ler Neils. to adept RESOLUTION N0, 81-811, A RiESOLUTION
ORDERING A PUBLIC HEARING ON THE P0POSEf) V?DATION OF A PORTION
OF QUAKER LANE I'1 THE PHEASANT HILLS AT)D i f I Cy ON MARCH 2, 1981
AT 7:30 P.M.
Motion curried on a Roll Call vote, five ayes.
MOTION was made by Councllmember Schneider, seconded by Council -
member Neils, to aunnt RESOLUTION NO. 81-820 A RESOLUTION
ORDERING A PUBLIC HEARiNG ON THE PROPOSED VACATION OF THAT
PORTION OF WESTWOOD CIRCL`. EAST OF SARATOGA LANE IN THE
IVANHOE WOODS ADDITION ON MARCH 2, 1981 AT 1:30 P.M.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils, seconded by Coiincilriember
Hoyt, to adopt RESOLUTION N0, 81-339 A RESOLUTION ORDERING A
Pt'BLIC HEAR14G ON SHE PROPOSED VACATION CF 15TH AVE., 16TH AVE..
K IRKWOOD LAN. JONQUIL LANE, IVES LANE AN") ! 19TH SIR E' IN BEACON
HEIGHTS 2Ni1 AUDITION NOR T4 OF THF_ MINNESOTA WESTERN RAILROAD
ON MAPCH 2, 181 AT 1:30 P.M.
Motion carried on a Roll Call vote, five ayes.
Manager Willis introdu.:ed Malley Land Corporation's request for
approval of final plat and development contract for Lost Lake
Woods, a plat f 10 single family lots located south of County
Road 9 arid cast of Lost Lake. The Manager stated Conditions ?
and 5 of the ,resolution approving th= preliminary plat have not
hien met and the petitioner has questioned his obligation to
nay for the outlet control structure required in Condition 11.
Also, uoitil final engineering plans are drawn and approved by DNR,
the final elevation of the laKe will not he defined and the minimum
floor elevations required by Cord i t i on 2 cannot be (let erg d tied.
Manager Willis stared bids wall he let fl)r- public imj.rovE-nents
on March G and ;staff u4nes riot. recommend that a building rermit
be issued Lfrti 1 that date.
31-
RESOLUTION NO. 81
R i Gu 9Mbr1NT A4FNkF
WATERMA.IN - PI'OtJECT
Itzm 6-A-3*
NGI
1041
RESOLUTION N0. 81-80
HG
16TH AVENUE STREET
VACATION - 1:LYAG11TH
ORCHARDS ADDITI'JN
Item 6-A-4*
RESOLUTION NO. 81-81
ORDERING PUBLIC HE RING
QUAKER LANE STREET
VACATION - PHEASANT
HILLS ADDITION
Item 6-A-5
RESOLUTION N0. 81-82
ORDERING PUBLIC HE
WESTWOOD CIRCLE E
SARATOGA LANE tiv
IVANHOr WOODS AIDI
Iterr. 6-A-5
NG
OF
I
RESOLUTION NO s 81-63
ORDERING PUBLIC HEARING
STREET VACATIONS IN
FUX FOREST ADDITION
I".em 6-A-6*
F I NAL PLA /-VELCI MENT
CONTRACT IOR COST
LAKE WOODS (W-956)
HALLEY LANE 1:JRP.
Ita,n 6-8
n
I
f
Regular Council Meeting
February 2. 1981
Page 35
Councilm ember Neils stated although the petitioner has completed the
site grading on a timely schedule, there is no precedent for issuing
a building permit before the public improvement contract is awarded
and the development contract is executed. Council discussed the re-
quirement for widening of County Road 9 by construction of accelera-
tion/deceleration lanes and bypass lane. Engineer Moore stated the
County does not require an acceleration/deceleration lane, but does
require a bypass lane with a 50 m.p.h. speed limit on County Road 9.
Michael Halle , petitioner, stated 1) the assessment for widening
County oa was excessive for 10 homes to bear; 2) the consulting
engineer's report stated an open channel would be an acceptable out-
let; and 3) he understood a building permit would be isslied on Lot 5
if the site grading was done and there was a reasonable access to
the lot other than Trenton Lane. He stated the home on Lot 5 will
take 9 months to construct and it will not be ready for occupancy
until November, by which time sewer and water will be avai',able.
Mayor Davenport stated this circumstance is unique since this lot
can be accessed by an alternate route, but, in future matters of
this kind, when a developer requests the City to install public
improvements, building permits will not be issue -i until t`o public
improvement project has been completed or at least is ender contract.
Councilmember Neils recalled the problems that occurrei in the
Loscheider plat when there was a delay in connecting t) sanitary
sewer because of easement acquisition.
Councilmember Neils summarized the Council's policy for rea::irements
to be met before building permits are issued as f3llrws: i) site
grading shall be completed, 2) streets shall be glra,ted; 3) there
must be access to the site that will not interfe-E with construc-
tion of public improvements; 4) the development contract shall be
executed; 5) final pla-L shall be fi ped; and 6) public i,iiprovements
shall be under contract... Manager Willis requested Council to further
require that public %mprovements be accepted by the City before
occupancy permits are issued. Council concurred,
Mayor Davenport ;Mated thet 6nnestroo's report does not recommend
an outlet to Lcst Lake by open chaonel, but stater that it would `1
possible. Engineer Moore stilteu th,e developer is responsible for
providing an outlet for the lace since the grad,ng li, (Ii;-, destroyer
the netural outlet of the laky. The EnQineP-e- did nol recommend an
open ditch running along County Read 9 s4oce the wat!r di.i not
originally run along this road n j it would be a nai,tenan(e ^c l
Dennis Marhula, engineer for pet ic;:ner•, stated it was !,is
stan3iig tit the outlet to the lake 1, alon; County :0113 9 ano
the engineer's report recommended an open itch to frc,v.kjn i.Line.
Counci lmeibs:r Neils stated there is a possibility ,, rnmbin-ing
open di[;.h anei piping to provide an outlet for the lake, but it
is the ueveloper's burden to replace the natural outlet o' the lake.
35••
Regular Council Muting
February ?: 1981
Page 36
Mr. Halley stated the storm sewer is a benefit to the whole neighbor-
hood and he requested Council t;r consider assessing the etorm sewer
project to the drainage district.
Council discussed alternatives for providing an outlet to Lost Lake
and the location of the natura' outlet of the lake. Mayer DavAnport
commented that any drainage Plan proposed must be accepted by DNR.
Councilmember Schneider stated he does not agree that the natural
outlet to the lake was in the northwest corner of the plat as the
developer proposes,
MOTION was made by Councilmember lic,yt, seconded by Councilmember RESOLUTION N0. 81-84
Threin n, to adapt RESOLUTION N0. 91-84, A RESOLUTION APPROVING F1 NAL PLAT6
FINAL PLAT All) DEVELO. MENT CONTRA„i• FOR LOST LAKE WOODS FOR DEVELOPMENT CONTRACT
HALLEV L.0-! CURPORATION amending Item 2.10 of the development LOST LAKE WOODS (80056)
contract by substi ,it;ng the following: Widen County Road 9 by HALLEY LAND CORPORATION
construction of a bypass lane on the noi•tN side of the roadway. Item 6-B
Motior: carried on a Roll Call vote, five ayes,
MOTION was made oy Councilmember rtoyt, seconded 5y Councilmember RESOLUTION N0. 81-85
Threinen, to adopt RESOLUTION N0. 81-85, A RESOLUi1ION SfT"riNG SETTING C NDI INS
CONDITIONS PRIOR TO FILING r.,44L PLAT FOR LOST LAKE WOODS FOR FOR FINAL PLAT FOR
HALLEY LAND CORPOP.ATION with the addition of Condition 6 stating LOST LAKE WOODS
After development contract is executed and final pl.t filed, (80056) Item 3.3
a building permit may be issued for Lot 5 prior to letting con-
tra:t for public improvements, however, no occupancy permit will
be issued until connectic-, t: sanitary sewer is made." and this
shall be reflected in Item 14.3 of the development contract.
There was discussion about the feasibility of determining a baseb-
ment elevation for the proposed home on Lot 5 before DNR rstablishes
a high crater le%,Al for Lost Lake. It was the consensus of the Coun-
cil that the 'ng i neeri ng Depart:mt. at may set a conservative elevation
to allow a hu;lding permit to be issued for Lot 5 at this time,
MOTION TO AMEN. was made by Coun;ilmember Neils, seconded by
Cot rci imemher 'loyt, by adlin5 Condition 7 stating "Issuance of
a building peri-dt cn Los 5 shall be dependent upon developer's
providing acc,e-; to the lot by private drive and not by way of
the public street right-uf-way in the plat- in which public im.
provements ar•e 0 br. installed.''
Motion to aprend carried, five ayes,
Motion to ,adopt Resolution N). 81-85, as amended, carried on
a Roll Call vote, five ayes.
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3a-
r
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Regular
February
Page 37
Council Meeting
2, 1981
MOTION was made by Councilmember SchneiJer, seconded by Council -
member Hoyt, to adopt RESOLUTION NO. 8i-86, A RESOLUTION ORDERING
STREET AND UTILITY IMPROVEMENTS FOR LJST LAKE WOODS ADDITI3N,
PROJECT NO. 112 amending Condition 1 by deleting the words
an acceleration/der.eieration lane an the south side and."
Mr. Marhula reolaested Council to consider subsidizing the over -
sizing of the storm sewer from points A to B on the engineer's
map as a 'Trunk sewer, Engineering Moore stated since the deve-
loper's grading obliterated the natural drainage, he is required
to provide an outlet. Mr. Marhula replied he does not believe
the drainage of the plat has obliterated the outlet of the lake.
He suggested the outlet could be duplicated by a swale along
County Road 9 in the location that storm sewer pipe is shown
at a minimal cost. He stated the installation of a control
structure and piping is a benefit to the entire development
and would not be an equitable or fair assessment against the
future owners of these 10 homes. Mr. Halley stated there is
an open swale prividing drainage now and they simply propose
to move it to run along County Road 9.
RESOLUTION N0. 81-86
ORDERING PROJCC T 112
STRE7T b UTILITIES
LOST LAKE WOODS ADDN,
Item 6-H
Councilmember Neils stated the natural outlet did not ,permit the
lake to become unreasonably low nes• tj damage property by letting
the lake yrs tcm. high. The developer's site grading has interfered
wit'i the natural drainway and it must be replaced by the developer.
ouncilmember Schneider concurred. Council discussed alternatives
of open ditch and piping to provide an outlet to the lake. Enginer
Moore stated it has been the policy of the Cite to install drainage
pipe%; underground through urban -type developmeits in consideration
of maintenance and aesthetic values of the subdivision. Council -
member Neils stated the matter s;;ould be referred to the Assessment
Committee to consider if there should be soine cost sharing for the
o,atlet. Engineer Moore statec this will delay the project until March
Manager Willis recommended proceeding with the adoption of the reso-
lution ordering the public improvements, but to delay ev,ecution of
the development contract until a recommendation is made by the
Assessment Committee on the cost of the storm sewer. He stated
this will take one week to ten days.
Motion to aftit Resolution No. 81-86, as amended, carried on a
Roll Call vota, five ayes.
MOTION w;t ,Wade by Councilmember Schneider, seconded by
member Ayt, to adopt RESOLUTION N0. 81-87, A RESOLUTION
AD[Ql'N"Y OF PETITION AND ORDERING PREPARATION OF R! -PORT
STREF7 ' IGHTING FOR LOST LAKE WOOD"' ADDITION.
Motion carried on a Roll Call vote, `our ayf_,s.
Neils abstained.
37-
Council -
nu LARING
FOR
Cou nc i I nomber
RESOLUTION N0, 81-87
ACCs PT PFS TT1ON &
ORDERING REPORT FOR
STRErT LIGHTING
LOST LAE'E WOO1)S ADDN.
Item 6-J
i
Regu',!r Council Meeting
February 2, 1981
Page 38
Aanager Willis reviewed request of Parklands Development for ap-
oroval of RPUD concept plan, preliminary plot, rezoning and con-
ditional use permit for Deerv000l Meadows III for 116 single family
detached dwelling units loc;.°ed on Zachary lane and 48th Avenue A.
Tl!e Manager noted the soWoern portion of the plat contains land
dedicated for Zachary Par'. and density above that required for park
delication and density f r that. laid is alloc:.ted to the balance of
Fran Hagen, engineer for petitioner, stated tte developer is con-
sidering the concept of sa:a'lp-r '-its in exchange for the transfer
of 'and in the so.thern portinn o: the plat PNr Zachary Park. lie
stated they have propo;ed larger lots adjacent to existing; homes
and the Deerwood Hill; plat. Mr. Eagen reviewed the calculation
that was used for park dedication in the plat.
RPUD CONCEPT PLAN/
PRELIMINARY PIAT/
CONDITIONAL U`.;E PER
DEERWOOD MEADOWS III
PARKLANDS DEVELOPMENT
A-784) Item 5-C
plat.
Councilmenber Schneider stated he was nit opposed to smaller lots
if there were some natural areas left open within the plat, but he
felt the open space requirement of the PUD ordinance was not being
met by this proposal. Councilmember Neils asked how many extra
units the density transfer resulted in. Mr. liagen replied 24 units.
Councilmenber Threinen stated the Planning Commission and PRAC have
recommended the transfer of land dedication and recommended the plat
for approval according to their interpretation of the RPUJ Ordinance.
Mayor Davenport agreed the plat has teen developed in accordance with
the City's RPUC Ord nance, and if there is some question about the re-
quirements of the RPUD Ordinance, the Council should discuss it at a
study session. Coun:ilmember Schneider objected to the interpretation
of the RPUD Ordinanance in this instance and in several other plats
which were approved -n the past year.
MOTION was made by Cou nci1mer,ber Threinen, seconded by Council -
member Hoyt, to adop-: RESOLUTION N0, 81-889 A RESOLUTION APPROVING
CONCEPT PLAN, 'RELiM;NARY PLAT AND CONDITIONAL USE PERMIT FOR
OEERWOOD MEADOWS IiI RPUD FOR PARKLANDS DEVELOPMENT amending
Condition 14 by adding the words "to he submitted at the sub-
mission of final plat."
Motion carried on a Roll Call vote, five ayes.
Council recessed from 9:1(1 h.m. to q:25 p.m.
i
RESOLUTION NO. 81-88
APPROVING C E-7—FE AN
PRELIMINARY PLAT & CLIP
DEERWOOD MEADOWS III
RPUD (A-184)
Item 6-C
Mayor Davenport presented Att.arney Lefler with a silver howl in PRESENTATION -
honor of his (20 0 anniversary of service as the City Attorney. HERBERT P. LEFLER, SR,
Mayor Davenpor*: introduced Prudential's request for approval of
MPUfI Concept Plan for the Northwest Business Campus in the north-
east quadrant of •tighway 55 and 1-494. Manager Willis reviewed
the reconrnendations of the Planning Connnission and noted the is-
suas yet to he resolved in the traffic plan regarding 1) exten-
sion of County Roid 61 north to County Road Q; 2) construction
of senium Lane no't'e of the (levelopmenL and 3) intersection of
County Road hl ana 264-h 4venue.
38-
MPUD CONCEPT PLAN
NORTHWFST BUSINESS
CAMPUS - PRUDENTIAL
INSURANCE COMPANY
50062)
Regular Council Meeting
February 2. 1981
Page 39
Dickman Knutson, representing the petitioner, stated Prudential's agree-
ment with uns ngwear requires an additional investment in the property
by February 12. Mr. Knutson stated since the total investment for Phase
I of the development will amount to $5,500,000, Prudential is concerned
about proceeding with development of the plat if they are not able to
acquire building permits until County Road 61 is constructed. He re-
viewed the results of a canvass of 162 employees at the Carlson and
Knutson buildings in the the area which showed the traffic directions
of incoming and outgoing traffic. Mr. Knutson contended that if Xenium
Lane is not improved, it will not be used since at the present time no
one is using this route. He stated it was their opinion the proposed
layout for 26th Avenue and Xenium lane, in relation to Highway 55, will
take care of the increased traffic without construction of County Road 61.
Engineer Moore showed how peak hour traffic would be handled with the
proposed plan.
Mr. Knutson stated they objected to the County's requirement to move the
intersection of 26th and Xenium Lane further to the northeast since the
sanitary sewer line that bisects the plat limits the development of that
portion of the plat east of County Road 61. Mr. Knutson noted another
point of contention with the County and City staffs is the amount of corb
cuts allowed on County Road 61. He showed a revised graphic and explained
Prudential is asking for one driveway access opposite 28th Avenue, one ac-
cess both sides of County Road 61 somewhere between 25th and 28th Avenutis,
and two curb cuts between 28th and the northeast corner of the plat; these
drivewyas would be at minimum 500 ft. intervals, which is consistent with
development in the City. Mr. Knutson proposed the property to the east can-
not be developed without at least these curb cuts noted. Mayor Davenport
responded Council is willing to consider curb cuts along County Road 61, but
they cannot finalize the locations before the traffic anal%sis is completed
or site plans are developed. Mr. Knutson agreed to tie down the location of
the medians if they are required, also at the time of site plan approval.
Manager Willis Mated if Council approves the Concept Plan, with a require-
ment for additional traffic studies to determine what type of access and
where it is needed on County Road 61, he could support some curb cuts on
County Road 61 but cannot commit to specific locations.
Mr. Knutson requested that Council oostpone development of Xenium Lane
from the ens! of Phase I of the plat to County Road 9 by public improve-
ment project till some time in the future. At that time, the parcels
in their of at would pay their f-roport i onat.e share of the costs.
Council fi?;cussed the propospi construction of County Road 61 and con-
sidered whether tax increment finahcing could be utilizt-d for this: pro-
ject. Attorney Lefler commented s-'nce this is a county road, Hennepin
County must he consulted before tar 'ncrement financing is considered.
Councilmember Neils stated other alternatives for financing were ad valorem
funds or MSA Funds, Councilmember Th reinen commented we have resources to
fund construction of .ounty Road 61 1 the City wants this development there.
Councilmember Neils noted the scale of the development proposed under single
ownership eliminates the potential for a hodge podge of traffic and develop-
ment that may result from piecemeal development of the property and justific,
the City's assum-Ing some risk to facilitate this proposal.
39
Regular Council Meeting
February 2, 1981
Page 40
MOTION was made by Councilmember Neils, seconded by Council -
member Schneider, to adopt RESOLUTION 10. 81-890 A RESOLUTION
APPROVING M.P.U.D. CONCEPT PLAN FOR NORTHWEST BUSINESS CAMPUS
FOR PRUDENTIAL INSURANCE COMPANY At HIGHWAY 55 AND I-494.
MOTION TO AMEND was made by Councilmember Hoyt, seconded by
Councilmember Threinen, by deleting Condition 15 which requires
construction of C.R. 61 to be under contract before building
permits are issued within the development.
Motion to amend carried, five ayes.
MOTION 'f0 AMEND was made by Councilmember Thre-l'nen, seconded by
Counci 1, eember Neils, by deleting the first sentience of Condition
14 ani s,:5stituting the following: "Curb cuts to County Road 61,
not to rAceed five, shall be allowed in the v4cinity between
Xenium Lane and the northern boundary of the plat. Finai deter-
mination wil' he made with the site plan approval."
Motion to amend carried, five ayes.
M01ION TO AMcND was made
member Hoyt, by deleting
before Suilding permits
the word "required."
RESCLUTION Nr). 81-8
PPR V1 0tf 11D CON
PLAN F0* ''j:;2 i HWEST
BUSINES`)' CAMPUS
PRUDENTIAL I"SURANCE CO.
18006) Item 6-0
by Councilmember Neils, sec•mded by Council -
from Condition 16 the words "under contract
are issued within the development," and addiig
Motion to amend carried, f:,E :;yes.
kichard H. Lce, attorney or if' ,1eins, referrJd to his 'otter of
January 6, 91 outlin,.-.g cond Jons Mr. HP4rs would lip.e placed
on the Northwest Business Campu:- plat as it concerns his property.
Mr. Lee pointed out W. Heins property with three buildings facing
to the west, explain ig Mr. Heins objc:ted to the proposed develop-
ment of the road on the east of his par:el sincc he there is a rold
serving his parcel on the west ind he floes not need two rods.
Mr. Lee stated his client is requesting the City to acquire the
the right-of-way for the road on the went and turn it ever to him
giving him access to his property by gray of private drive on the west.
arth one access on the soutieast r3rner of his plat. Further, since
his plat is not within the concer-t area, he would like to see the
impr-.vements to the east taken on by the developer. Mr. Lee proposed
if the road is built on the east of the plat, it will damage the
pro,jerty since it accesses presently to the west. Further, they will
accept only the assessment for blacktop and storm sewer on the west
sincc they do not need the proposPki road to thu east.
Councilmember Neils encouraged Mr. Heins to t;nderl.ake some discussion
with t ie parties involved for some k i n(' of area exchange so he ends
up with a inure viable piece of property for development.
Mr. Lee stated they have explored this possibility with the developer
but have not been able to reach an agreement. He noted these houses
have heQn on the property for as long as •7_0 years, and if there was
an economical way of selling the land and moving the housQ and business
it would he considered. Mr. Lee stated if this developmer l. ,affects the
market value of this prop%arty, Mr. Heins will have other re -curse.
40-
t
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e
Regular Council Meeting
February 2, 1981
Page 41
Councilmember Schneider commented on the petitions's concern about the
open space required in the northeast, corner of the plat, stating since
no density credit is being given nor park dedication, he would direct the
Planning Commission to hold a public hearing to consider a land use change
at the petitioner's request. Manager Willis replied it is not a good piece
of land for a park shite it is flood plain. Councilmember Neils suggested
the flood plain area is being used for appropriate transition to the lowland
between the subject. development and the residential area to the north, and
that was why the Crit ncil guided it public/semi-oublic.
Mayr,r- Davenport re`er'red.to the proposed trail corridor, stating there
shoul be enough distance to provide for beaming, but he wuld entertain
rear yard setback va-riances to bring the trail closer to the industrial
development and keeping it away from residences. Council discussed the
controversy of placing trails near the backyards cif residences and Council -
member Neils stated there must be setback criteria, if trails are to be
placed on backyards.
MOTION TO AMEND was made by Councilmember Neils, secor:;eu by Council -
member Threinen, by addin:; th' follctving statement to Condition 13:
It is the intent that the in*arsection of 26th A%enue with Co!•,rrty
Road 61 be moved northeast ip)roximhtely 100 feet further from Highway
55 than shown on the concep- )lan.
Motion to amend carried, F;v? aycy.
Motion to adopt Resolutio No. 81-89, as amended, carried on a
Roll Call vote, five ayes.
Mayor Davenport i nqu i ,•ed %,.iat the market value of the project is?
Mr. Ferro of Prudential required at today's value it builds out
in 6-10 years at $75 -$ICJ million,
Councilmember Neils askcrd the Attorney what the City's liability
would be in the event tl-e exception parcel with direct access to
Highway 55 is prevented from accessing onto highway 55 and pro-
vided with an alternate access. Attorney Lefler replied the Ci'ly
might be involved toi t n an inverse r;onden;nati on proceeding.
MOTION was made by CGunc.i lrnember Schneider, seconded by Council -
member Neils, to c i rest the Planning Conani s.Jon to enterta i n a
petition from Prudential to hold o public for reguidi ig
the northwest corer of the plat. rrom Ni.bli,.;semi-pul U. ana to
consider Councilmember Neils' and Schnk ;dor's comments %.th re-
spect to transition and use.
Motion carried, five ayes.
MOTION was made by Counc;liember Neils, secondee, by Council -
member Hoyt, to adopt RESOLI!TtON N0.81-90, A RISOLUTION
APPROVING CONDITIONAL USE PERMIT RENFWAL FnR PAH -O -GOLD BAKING
COMPANY FOR A RETAIL BAKERY THRIFT STORE AT RANO HVIEW LANE AND
STATE HIGHWAY 55 (79016).
Motion carries on a Roll Call vote, five ayes.
41-
RESOLUriON NO. 31-90
APPR0VI Wt: 1501 FMUL
USE FER'!IT FOR
PAN -O -GOLD BAKING CO.
79076) Item 6-E-1*
Regular Council Meeting
February 2, 1981
Page 42
MOTION was made by Councilmember Neils, seconded by Council- RESOLUTIOi; NO. 81-
member Hoyt, to adopt RESOLUTION NO. 81-91, A RESOLUTION AP- APPROVING C_NDITIO
PROVING CONDITIONAL USE PERMIT FOR NAEGELE OUTDOOR ADVERTISING USE. PERMIT FOR NAE
COMPANY FOR AN ADVERTISING SIGN LOCATED AT I-494 AND COUNTY OUTDOOR ADVERTISING CO.
ROAD 9. FOR SIGN AT I -4n4
AND C.R. 9 (80063)
Motion carried on a Roll Call vote, five ayes. Item 6-E-2*
Mayor Davenport introduced Lundgren Bros.' petition for public PETITION FOR PUBLIC
improvements in Wind Ridge at Bass Lake 3rd Addition to be in. IMPROVEMENTS FOR
cluded in the 1981 C.I.P. WIND RIDGE AT BASS LAKE
3RD ADDITION
Sherman Goldberg, representing Lundgren Bros., stated they would item 6-F
like to o t e work the+nselves, but because of present market con-
ditions, financing is not mailable. Mr. Goldberg proposed if the
City uses their plans and specifications, which are available, the
oily cost to the City woul0 be for a6e:rt i s i ng for bids.
Manager Willis questioned the feasibility of accepting plans pre-
pared by private engineers and puttinc, them out for public bid.
Consulting Engineer Olsor, responded this same procedure was fol-
lowed in Fox Glen, in which case Bonestroo redrew the plans dnd
resigned them and became responsible for the plans throughout to
assume the legal responsibility. Mr. Olson stated this process
could be duplicated for Wind Ridge 3rd Addition. Mr. Goldberg
agreed this would be acceptable.
Mayor Davenport asked Council to consider some flexibility ir,
i_he City's policy for a deadline for accepting petitions for
public improvements in lieu of the current economy. He stated
deviations from the policy may be considered subject to:
1; the size of the project, 2) timing which would allow it to
be included in the public bond sale, and 3) the status of any
easements that need to be acquired.
MOTION was made by Councilmember Hoyt, seconded by Councilmember RESOLUTION N0. 81-92
Neils, to adopt RESOLUTION NO. 81-92, A RESOLUTION ORDERING ORDERING PUBLIC
PUBLIC IMPROVEMENTS FOR WIND RIDGE 3RD ADDITION. IMPROVEMENTS FOR
rIND RIDGE 3RD ADDN.
Notion carried nn a Roll Call vote, five ayes. Item 6-F
Engineer Moore stated he does not recommend holding up the City's
i,ublic improvement project to include this project, but proposes
it will be ii separate hid although it will incorporated with our
hor;d sale.
MCTII!N was made by Councilmember Hoyt, seconded by Co+inc i lmember RESOL';TION N0. 81-93
memo r Schneider, to adopt RESOLUTION N0. 81-93, A RESOLUTION TPT5E4ING t1ND REDO TION
APPR''VING REDUCTION OF SITE PERFORMANCE GUkRANTEE FROM VANTAGE WEST POINT BUSINES. R.
COMPANY FOR WEST POINT BUSINESS CEN'ER TO THE AMOUNT OF $37,500 FOR VANTAGE COMPAN
TO REFLECT THE COMPLETED WORK. (4-781) Item 6 -G -
Motion carried on a Roll Call vote, five ayes.
42-
Regular Council Meeting
February 2, 1981
Page 43
LOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO, 81-9311, A RESOLUTION AUTHORIZ-
ING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR PLYMOUTH SERVICE
CENTER FOR VANTAGE C11MPANY TO $109000 TO REFLECT THE COMPLETED
WORK,
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils, seconded by Councilaiamber
Hoyt, to adopt RESOLUTION NO. 81-94, A RESOLUTION APPROVING
RELEASE OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR T'iE
MAPLE GROVE MALL.
Motion carried on a Roll Call vote, five iyes.
MOTION was made by Councilmember Hoyt, seconded by Counci l,lember
Neils, to adopt RESOLUTION NO, 81-95, A RESOLUTION( APPROVING
RELEASE OF SITE IMPROVEMENT BOND FOR C'RCLE STAR WAREHOUSE.
Motion carried on a Roll Cali vote, five ayes.
MOTION was made by Councilmember 'veils, seconded by Councilmember
lloyt, to adopt RESOLUTION NO, 81-96, A RESOLUTION ORDERING PRE-
PARATION OF PRELIMINARY REPORT FOR STREET IMPROVEMENTS ON PILGRIM
LANE FROM 26TH AVENUE TO NATHAN LANs,
Motion carried on a Roll Call vete, five ayes.
MOTION was made by Councilmember Neils, seconded by Councilmember
Hoyt, to adopt RESOLUTION NO. 81-97, A RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PUMo
AND CONTROLS FOR WELL NO. 6, PROJECT N(1, 012.
Motion carried on a Roll Call vote, Iive ayes.
MOTION was made by Councilmember Neils, seconded by Councilmember
Hoyt, to adopt RESOLUTION NO. 81-98, A RESOLUTION AP.1RJVIP'; PLANS
AND SPECIFICATIONS AND ORDERING ADVFRTISEMENT FOR BIDS FOR 19SO
T; OF SANITARY SEWERS, P,cC IECT NO, .]It
Nation carried on a Roll Call vote, five ayes%
MPm I ON wa s made by Counc i 1 meri,her Neils, seconded by Counc i 1 memher
lioyt, to adopt RESOLUTION NO. ,;1-99, A RESOLUTION APPROVING
CWANGE. ORDER NO, 2 FOP PROJECT 017, GRADING CONTRACT FOR COM-
NIUNITY PL.AYFiEIDS, BY ADDING $2.,349 TO THE CXISTiNG CONTRACT
P110E 01' $130,11416
notion carried on a Roll Call vote, five ayes,
wTION was made by Councilmemher Neils, seconded by rouncilmemher
Hoyt to adopt RFSOLUT1w; NC, 31-100, A RESOLUTION APPROVING
HANGS' ORDER NO, 3 FOR PROJECT 017, iITILITIES CONTRACT FOR COM-
14UNITY PLAYFIFLDS, BY OFDIICTiN(.,' $299 FROM THE EXISTING CONTRACT
PRICE OF $92,636.
43-
RESOLUTION NO, 91-93A 1
APPROVING BOND REDUCTION
PLYMOUTH SERVICE CENTER
FOR VANTAGE COMPANY
A-781) item 6-G-1
RESOLUTION N0. 81-94
APPROVING BOND RiLEASE
MAPLE GROVE MALL
A-528) Item 6-G-2*
FESOLUTION N0. 81-95
APPROVING BOND RELEASE
CIRCLE STAR WAREHOUSE
A-790) Item 6-G-3
RESOLUTION N0. 81-96
ORDERING PRELIM. REPORT
PILGRIM LANE SOUTH OF
26TH AVENUE
Item 6-I*
RESOLUTION NO, 81-97
APPROVING PLANS 8 SPECS
ORDERING AUV, FOR 9I01z
PROJErT 012 - PUMP 8
CONTR('. FCR WELL NO, 6
Item E1 -K-1*
RESOLIIT'ON NO, 61-90
4PPROV ING PLANS h SPECS
ORDERING ADV, FOR BIDS
1980 SANITARY SEWER T4
PROJECT 111
Ieem 6--K-2*
RESOI.U'TION NO, 81-99
ThROVING CHANGE ORDER
PROJECT Oil - COMMUNITY
PLAYF i ELi'S GRAiI I NG
CONTRACT - SCHEDULE A
item 6-L-1*
RESOLUTiON N0. 81--100
APPROVING CH GE (JR DER
PROJECT 017 - COMMUNITY
PLAYFIFLDS UTILITIES
CONTRACT - SCHEDULE B
Regular Council Meeting
February 2, 1981
Page 44
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils, seconded by Councilmember
Hoyt, to adopt "ESOLUTION NO. 81-1010 A RESOLUTION AUTHORIZING
PAYMENT ON REQUEST FOR PAYMENT N0o 1 IN THE AMOUNT OF $9,080.10
TO LEE'S LANDSCAPING AND NURSERY FOR PROJECT 017, COMMUNITY
PLAYFIELDS, SCHEDULE E. PHASE II.
Motion carried or a Roll Call vote, five ayes.
MOTIDN was made by Councilmember Neils,
Hoyt, to adopt RESOLUTION NO. 81-102, A
PAYMENT ON REUj'CT FOR PAYMENT NO, 6 IN
TO HOFFMAN ELECTRIC COMPANY FOR PROJ.CT
SCHEDULE D30
seconded by Councilmember
RESOLUTION AUTHORIZING
THE AMOUNT OF $246254.15
017, COMMUNITY PLAYFIELDS,
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils,
Hoyt, to adopt RESOLUTIOW NO. 81-103, A
PAYMENT ON REQUEST FOR PAYMENT NO, 6 IN
TO HOFFMAN ELECTRIC COMPANY FOR PROJECT
S HEDULE D4o
seconded by Councilmember
RESOLUTION AUTHORIZING
THE AMOUNT OF $13,563.58
017, COMMUNi'Y PLAYFIELDS,
Motion carried on a Roll Call jote, five ayes.
MOTION was %de by Councilmember Neils, se:orded by CounCi1namber
Hoyt, to t RESOLUTION N0, 81-104, A RESOLU'IO,% AL1140RIZIPIG
PAYMENT ON REQUEST FOR PAYME!IT NO. 1 IN THE AMOUNT 0 $431,458.86
TO DAWSON CONSTRUCTION COMPANY FOR PROJECT NO. 008, PIKE LAS%V
AREA -RUNK SEWER, PART 1.
Motion carried on a Roll Call vote, `ive ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Neils, to adopt RESOLUTION NO. 8!-105, A RESOLUTION
AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT HO. 4 AND FINAL
TO AMERICAN CONTRACTING CORPORATION FOR PROJECT "10. 925-001.,
FOX GLEN II UTILITIES.
Mot,ori carried on a Roll C,:ll vote, five ayes.
MOTION wa. made by Councilmember Neils, seconded by Councilmembc,-
Sciineider, t,) adopt RESOLUTION NO. h1-106, A RESOLUTION AWARDING
THE 1981 CONTRACT FOR DISEASED TREE HAULING AND STUMP REMOVAL TO
GREEN ACRES TREF SE:?VICE.
Motion carried on a Roll Cali rote, five ayes.
MOTION was made by Councilmember Schneider, seconled by Council -
member Neils, to adopt RESULUTION N0, 81-107, A RESOLUTION
AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE CONTRACT WITH
DEIGN CONSORTIUM FOR DESIGN AND CONSTRUCTION OF MISSION, TIMBER
DESIGN AND CONSTRUCTION OF MISSION,, TIMBER SHORES, AND SCHMIDT
LAKE PARKS IN THE 1981 CONSTRUCTIoN SEASON IN AN AMOUNT NOT TO
EXCEED $17,237.
RESOLUTION N0. 81 -
REQUEST F R PAYMENT
PROJECT N0. 017
COMMUNITif PLAYFIELDS
SCHEDULE E - PHASE II
Item 6-M-1*
RESOLUTION N0. 81-102
R Ut.STFS E T --
PROJECT NO. U17
COMMUNITY PLAYFIELDS
SCHEDULE D3
Item 6-M-2*
R=SOLUTION N0. 81-103
REQUEST FM PAYMENT,
PR OJE C I N0. 017
COMMUNITY PLAYFIELDS
SCHEDULE D4
Item 6-M-3*
RESCLUTION N0. 81 -
REQUEST FOR PAYMENT
PROJECT N0. U08
PIKE LAKE AREA TRUNK
SEWER, PART I
Item 6-M-4*
RESOLUTION N0. 81-105
REQUEST FOR PAYMENT
PROJECT N0. 925-001
FOX GLEN 11 UTILA TIES
Item 6-M-5
RESOLUTION N0. 81-106
7CWAR6 TR7C7-TFR
DISEASE) TREE HAULING
Item 6-N
RESOLUTION N0. 81-.
t ROVI1
WITH PARK PLANNING
CONSULTANT FOR 3 PARKS
Item 6-0
j
Regular Wonc i l Meeting
February 2. 1981
Page 45
4otion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils, seconded by Mayor
Davenport, to adopt RESOLUTION N0. 81-1086 A RESOLUTION
REQUESTING CONVEYANCE OF THE FOLLOWING TAX FORFEIT PARCEL TO
THE CITY OF PLYMOUTH FOR PUBLIC USE: PIN 024.-M-22-14-0004.
Kition carried on a Roll Call vote, five ayes.
MOT'ON was made by Cnuncilmember Neils, seconded by Mayor
Davenport, to adopt RESOL'Ui161: NO. 81-109, A RESOLUTION
AUTHORIZ11C THE PUBLIC SALE OF THE FOLLOWING TAX FORFEIT
PARCELS FOR NONPAYMENT OF REAL ESTATE TAXES: PIN 029-118-
22-22-0051. N34-118-22-42-0018. AND #23-118-22-34-006G.
Motion carried on a Roll Call vote, five ayes.
MOTiON was made by Councilmember Neils, seconded by Councilmember
Hoyt, to adopt RESOLUTION N0. 81-1109 A RESOLUTION APPROVING
PE! OLE, -:S, SOLICITORS AND TRANS;,:NT MERCHANTS LICENSE FOR TAMAS
NnRE KOVACS TO SELL HOUSEWARE ITEMS FROM A VAN OR TRUCK FOR
A PERIOD TO EXPIRE OrCEMBER 31, 1981.
Motion carried on a Roll Call vote, five ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
MOTION was made by Councilmember Hoyt, seconded by
Neils, to reappoint the following Cornission member
year terms, expiring January 31. 1984, to the Human
and Recreation Advisory. and Planning Commissions,
year terms, expiring January 31, 1983, to the Bard
Adjustments:
Connie Scott
Barbara Edwards
Lawrence Larson
Allen Hatfield
Richard K. Keck
Al Zeman
Human Rights Commission
Park A Recreation Advisory
Planning Commission
Board of Zoning
Board of Zoning
Board of Zoning
Motion carried, five ayes.
MOTION was made by Councilmember Neils, seconded
Schneider, to appoint Gerald Kloss to the Human
for a three-year term expiring January 31, 1984.
Motion carried, five ayes.
45-
Councilmember
s for three -
Rights, Park
and for two -
of Zoning
Commission
by Councilmember
Rights Commission
RESOLUTION N0. 81-108
REQUESTING CONVEY N E
OF TAX FORFEIT PARCEL
TO CITY FOR PUBLIC USE
Item 6-P
RESOLUTION N0. 81-109
AUTHORIZING E
OF TAX FORFEIT PARCELS
Item 6-P
RESOLUTION NU. 0!-110
APPROVING PEDDLERS,
TRANSIENT MERCHANTS
LICENSE FOR T. KOVAC S
Item 6-Q+
1981 REAPPOINTMENTS TO
BOARDS 8 COMMISSIONS
Item 1-A
Regular Council Meeting
February 2, 1981
Page 46
MISCELLANEOUS
Mayor Davenport read a letter from Mr. Don ?yron questioning the
assignment of costs for Project No. 104. Attorney Lefler stated
if yr. Myron wishes to extend the benefit of the street, another
public hearing must be held. Manager Willis stated the Council
has ordered final plans and specifications for Project 104 sub-
ect to execution of the development contract. The Attornmy
advised the City may proceed with the improvement projEc%,, once
ttie development contract is executed.
layor Davenport, confirmed the appointment of Betty Th re',; nen as
Vice Chair of PRAC ani' of Paul Steigerwald as Vice Chair of the
Planning Commission.
Mayor Davenport announced that Councilmember Threinen was O norea
1930 JAYCEES AWARDS as Plymouth's Outstandinq Citizen in 19PO by
the Plymouth -Wayzata Jaycees and Darrell Anderson of the Police
Department and Pon Lymer of the Fire Departmt.n:: were honored as
Outs'.anding Pol iceindn and F`, reman in 1980.
Councilmenit-Prs Schneider and Threinen
comnit to consider the concerns of
for re-. i _-w y the Council and Planning
mee i ny schedu, 2d for February 18.
The meet'$ng adjourned at 11:30 p.m.
were app9inted as a
the Ci';y's RPUC Ord
Commission at tn,ii r
46-
tub -
lance
joint
PROJECT N0. 104
IJ
COMMISSION APPOINTMENTS
1580 JAYCE:.S AWARDS
RPUD ORDINANCE