HomeMy WebLinkAboutCity Council Minutes 02-22-1983 SpecialMINUTES
SPECIAL COUNCIL MEETING
FEBRUARY 229 1983
The special meeting of the Plymouth City Council was called to
order by Mayor Davenport at 7x40 p.m. In the Council Chambers of
the City Center at 3400 Plymouth Boulevard on February 22, 1983.
PRESENTS Mayor Davenport, Councilmembers Threlnen, Schneider,
Neils and Moen, Assistant City Nanager Boyle*s,
Engineer Moore, Community Development Coordinator
MaConn, Park and Recreation Director Blank, Assistant
City Attorney Lefler, and City Clerk Houk,
ABSENT: None
CONSENT AGENDA
NOTION was made by Councllmember Neils, seconded by
Couneilmember Moen, to approve the consent agenda as presented.
Motion carried on a Roll Call vote, ftve ayes.
MINUTES
Notion was made by Counctlmember Neils, seconded by
Council:nember Noon, to approve the minutes of the special
eeeting of February 14, 1983 as submitted.
Notion carried on a Roll Call vote, five ayes.
PURL It F 01MG
Mayor Davenport turned the meeting ov+.r to Acting Mayor
Schneider and left the Council table for the public hearinq.
Assistant Manager Boyles stated that the request .Is for S375,000
Industrial Development Revenue Bond financing to construct a
12,000 square foot facility to be located In the Circle Star
Business Center. Staff has reviewed the appllcatlon and find it
is responsive to the City's policy and approval Is recommended.
Acting Mayor Schneider opened the hearing at 7:37 p.m,
No one chose to speak and the hearing was closed at 7:31 p.m.
MOTION was made by Councllmember Moen, seconded by Councllmember
Threlnen, to adopt RESOLUTION N0, 83-92 GIVING PRELIMINARY
APPROVAL FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVFNLW
BONUS TO GARY R. BLUEM/PRODE.SIGN, INC.
Motlost carried on a Roll Call vote, four ayes.
CONSENT AGENDA
I t ens 4
MINUTES - SPECIAL
MEETING OF
FEBRUARY 149 1983
tem 5%
PURL IC HEARING
IDRH RFOUEST
GARY R. BLUE N/
PRODES.IGN, IMC.
Item 6-A
HFSOLUTION N0.83-92
WHOWNG Tran
RF OUFSF OF GARY R.
BLUEM/PROQE_SIGH
I •m 6-A
S//
Soee1*1 Counoll Meeting
February 22, 1983
Page 42
Mayor Davenport rejoined the meeting.
PETITION UESTS AND CON "ICATIONS
NOTION was made by
Councllmember Moen, to
CONDITIONAL USE PERMIT
PIONEER HOUSE (A-64 3) .
Counellmember Neils, seconded by
adopt RESOLUTION N0, 83-93 APPROVING
AMENDM&:NT FOR BRAD 01A11N FOR HAZELDON
Motion carried ort a Roll :all vote, five ayes.
NOTION *-is made by Councl !member Neils, seconded by
Councllmember Moen, to adopt RESOLUTION NO, 83-94 APPROVING
CONDITIONAL USE. PERMIT FOR GAR -LAR PROPERTIES FOR "WILLOW
MEADWS" (RPUD 93-1) (80013).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councllmember Neils, seconded byCounclImemberMoon, to adopt RESOLUTION NO. 83-95 APPROVING
REVISED RUPO PRELIMINARY PLAT/PLAN, CONDITtONAL USE PERMIT AND
REGARDING REZONING FOR GAR -LAN PROPERTIES FOR "WILLOW MEADOWS"
LOCATRb SWTHWM:ST OF VICKSBURG LANE AND COUNTY ROAD 9 (RHUD
83-1) (801013) .
Motion Cdrrled on a Roll Call vote, five ayes.
Assistant Manager Boyles stated that the request Is for final
plat and development contract approval. The petitioner was
furnished a copy of the development contract and has some
concerns, specifically with the assessments forf the Improvement
of 6th Ave. The assessments proposed In the Development
Contract were established In accordance with City policy.
Mark Nanderfeld, attorney representlnq Mr. Swedlund the
pel tloner. stated they have a serious concern with the amount
of the spPclal assessment for the Improvement of 6th Ave. He
explained the history of the project ln::ludlnq the tact that the
City changed the street cldsslflcdtlon and this would assess the
developer for Installation of one half of a 36 foot street and
not just for curb and gutter as was originally planned by Mr.
Swedlund.
Mr. Swedlund Is left with four alternatives at this time,
Including aban.loning the entire project or deceptlnq the
assessment, Mr. Ndnderfeld stated that Mr. Swedlund cannot
afford to pay the special assessments because It would result In
a $4,500 cost )nerease to each lot which would matte the lots
unsaleable.
He stated he believes a comnrom.lse could be made with the City
to get Mr. Swedlund out of this situation. He pointed out that
the street will serve the same purpose ds was orlglnally
proposed, the only change is that It Is now called a major
collector and the special assessment Is changed.
RESOLUTION N0.8343
WMING cup
AWIDHENT MAZELDOIN
PIONEER NOl>,SE
A-643)
Item 7-A•
RESOLUTION NO.63-94
GAR -LAR PROPERTIES
WILLOW MEADOWS"
80013 )
Item 7-00
RESOLUTION N0.8343
PLAN, CUP, REZONING
CAR -LAR FOR "WILLOW
MEADOWS" (8001 3)
Item 7-R*
HUI"IREY ESTATES"
FINAL PLAT S
DEVELOPMENT CONTRACT
Item 7-C
Ait
Special Camil Meeting
February 22, 1983
Page •3
He proposed that Mfr. Swedlund would be
toward construction of 6th Ave. in
assessment which Is the equivalent
assessment onl as is being assessed
north side of 6th Ave.
willing to pay $10,262.70
the tors of a special
of a curb and gutter
to the properties on the
Counatlmoder Hells stated that the change in the road
classification was made to go with the narrower width street
because the Intent Is not to encourage traffic on 6th Ave. She
stated that this Is an asset to Humphrey Estates. With respect
to aasessends to the north lots, they have already been
assessed fbr one street in front of their hums and therefore
are now only being assessed for curb and gutter on 6th Ave. The
City's curb and gutter policy only pertains to already platted
property and Mr. Swedlund's pr3perty has not been plattedl
therefore he is assessed for 4.ne halt the 36 foot street. The
Assessment Committee Is proposing nothing different than has
been done !n any other development In Plymouth,
Engineer Nwre stated that at the time the prelliminar! plat was
approved in Marsch 1981, there was a requirement that the
developer wAs responsible for the fu'1 cost of lnstallinq 6th
Ave. The Assessment Committee subsequently lowered this to one
halt the Post. He explained the dlffere.;t road classifications
and how the recla3tAflcatlon came abiu',. He read a letter from
Assistant City Engineer John Sweeney to Mc. Swedlund dated "arch
1981, explaining that the developer would be responsible for
construction of the ,street. The preliminary plat approval also
stated this condition.
Gru Fv.ink, McCombs -Knutson, the consulting engineer for Mr,
wp und, stated that it this project had proceeded last year
when the classification was minor arterial, the only assessment.
would have been for curb and gutter. Because of this he asked
for some leniency.
Counellmenber Nella stated that there is nothing exceptlonal Ui
this development and to deviate would require a change I
policy. There are no circumstances to justify a deviation.
Engineer Moire stated that the major expense is because of tn:&.
poor sell conditions which will need correction and the need to
truck till material to the site.
Nr. Frank asked It leniency shouldn't be ailowed because the
City aligned the street through the marshy deea.
Counalimember Threlnen asked If the Assessment CommlttOe had
reviewed this project. Cnuncllmember Neils answered that it had
dlscussed'the project but would be happy to review It again.
NOTION was made by Councilmember Moen, seconded by Councllmember
Threlnan, to defer this matter.
S//
Special Council Meeting
February 22, 1963
Page 44
Motion carried, four ayes. Mayor Davenport abstained.
NOTION was made
CouncileeeDer Moen,
comMent, and make a
which the petitioner
y Councllmember Threlnen, seconded bytohavetheAssessmentCoffmltteereview,
recommendation with respect to the aspects
has stated.
Notion carried, few; ayes. Mayor Davenport abstained.
NOTION was made by Codncilmember Neils, seconded byCouncilmemberMoen, to adopt RESOLUTION N0. 83-96 REDUCINGDEVELOPMENTBOND, PLYMOUTH HILLS 3RD ADDITION (81032) to64,680.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Neils, seconded byCouncilmemberNoen, to adopt RESOLUTION NO. 83-97 APPROVING
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, PROJECT N0, 122, 18TH AVENUE STREET AND UTILITY IMPROVEMENTS.
Notion carried on a Roll Call vote, five ayes,
MOTION was mode by Councllmember Neils, seconded byCouncllmemberMoen, to adopt RESOLUTION N0, 83-98 DEC!-ARING COST
TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTFOR1982RFNnVALOFDISEASEDTREES - ROLL N0, 2.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Neils, seconded byCounclimemberMoen, to adopt RESOLUTION NO. 83-99 OECLARING COST
TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTFOR '1982 WEED ERADICATION AND DESTRUCTION CHARGES - ROLL NO. 2.
Notion carried nn a Roll Call vote, five =%•-es.
NOTION was made by Councllmember Neils, seconded byCounctlmemberMoen, to adopt RESOLUTION NO. 83-100 RESOLUTIONFORHCARINGONPRPOSEDASSESSMENT, 198? REMOVAL AND DESTRUCTIONOFDISEASEDTREES - ROLL N0. 2.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Neils, seconded byCotmcllmemberMoen, to adopt RESOLUTION N0, 83-101 CALLINGNEARINGONPROPOSEDASSESSMENT, 1982 WEED ERADICATION ANDDESTRUCTIONC1IARGES - ROLL N0. 2.
Motion carried on a Roll Call vote, five ayes.
NOTION was made by Counc.lmember Neils, seconded byCouncilmemberMoen, to adopt RESOLUTION NO. 83-102 APPROVING
BINGO LICENSE RENEWAL FOR FATHER GEORGE_ COUNCIL 03758 KNICITS OF
CMUNBUS FOR 1983.
Motion carried on a Roll Pall vote, five ayes.
R`=SOLUTION W83-96
PLYMOUTH HILLS 3RD
AWN. (8 1032 )
Item 7-0#
RESOLUTION N0.83-97
SPECS b ORWRIFIC RID
PROJECT 1229 18TH
AVE. IMPROVEMENTS
Item 7-Ee
RESOLUTION NO, 83-98
Cos
ORDERING ASSESSMENT
DISEASED TREES
Ttem 7-F-1+
RESOLUTION N0.83-99
DRUM
tt37m=
ORDERING ASSESSMENT
WEED ERADICATION
Item 7-F-2•
RESOI.UT IOM MOM -100
ASSESSMENT FOR 1982
DISEASED TREES
Item 7-C-1*
RESOLUTION NO 03-101
ASSESSMENT FOR 1982
WEED ERADICATION
Item 7-r-20
RESOLUTION N0.83-102
RENEWAL, KNIGHTS OF
COLUMBUS
Item 7-W
s/I
Speolai council Meeting
February 22, M
Page 45
NOTION was mm* bs Councilmember !ells. seconded by
Couneilmem0er loon, to adopt RESOLUTION NO. 83-103 APPROVING THE
1983 PARK FACILITY RENTAL POLICIES AND FEE SCHEIYULE.
Notion carried on a Holt Call vote, five ayes.
NOTION was made by Councilmember !ells, seconded toy
Councllir NtAn, to adopt RESOLUTION NO. 83-104 APPROVILC
FENCING miciS FOP PLYMOUTH CREEK AND ZACHARY PLAYFIELDS.
Motion carried on a Roll Call vote, five ayes.
NOTION was made by Councllmember Neils, seconded by
Councllxamber !ben, to adopt RESOLUTION NO. 83-105 APPROVINu tNE
SALE OF 3.2 BEER AT THE ZACHARY PLAYFIELD ACID PLYMOUTH CREEK
CITY PARK.
Motion carried on a Roll Call vote, five ayes.
NOTION was maw Ny Couricllmember Neils, seconded by
Council ember Krez. to adapt RESOLUT"ON N0, 83-106 SUPPORTING
THE ROMINDSALE-MWiTRONG SCHOOL_ SITE 14ANAGENENT PROJECT.
Notion carried an a Roll Call vote, five ayes.
REPORTS OF OFFICERS BOARDS AND COM IS31ONS
Assistant Manager Boyles stated stat on February % the
Envlronmenta.t Quality Board design ated the City as the
Responsible Governmental Unit (RCU) to dbtermine whether an
Environmental Assessment Worksheet (EA.Y) was rtqulrad for the
County Road 61 project. The Counci.0 Come.t;teso revlewed material
received free residents concerning this project am Is
recon andina that an FAW be prepared to determine whether there
are any adverse impact& of the project as proporled.
NOTION was made by CouixI lffwmber me ' Is, seconded by
Counellmember Threlnen, to adopt RESOLUTION 00. 83-107 DIRFCTINC
PREPARATION OF AN ENVIRCNMENTAL ASSE";tSMENT WORKSHEET, 0UNTY
ROAD 61.
Mayos ndvenport explained that the RCU Is to order the EAW If it
Is demonstrated that the location of the project may hive the
potential fog• significant ei+vlronmental effects. 'he Committee
considered five previous f_AW's p-!epared with respect to other
areas of C.R. 61, the City's Comprehensive Plan, and the
petition and supplemental Information Mayer Oavenport
emphaslsed that In the previous EAW's thi EQB determined that
there was no environmental offects In conjunction with the k.R.
61 alignment. He feels, however, %.'..at it Is appropriate at this
time to oonduct an EAW because if the adverse comments of the
residents in the area.
RESOLUTION t OM403
APPROVING 1983
FACILITY RENTAL
POLICIES 8 FEES
Item 7-I*
RESOLUTION NO.83-1
MIR WINE
PROJECTS, PLYMOUTH
RFf_K 8 ZACHARY
Iter; 7-3*
S_UTION sV0.8•tOS
3.2 REER, ZACHARY 8
PLYOWTH CREEK
Item 7-K*
RESOLUTION N0.83-106
SITE MCMT . PROJECT
ARMSTRONG
Item 7-L*
COMMITTEE REPOP; -
C.R. 61 IMPROVEMENT
Item 8-A
RESOLUTION NC.83-107
PREPARATION OF AN
EAW FOk C.R. 61
PROJECT
Item S-A
IISII
Special
February
Pige 46
Council Meeting
2?, 1983
The Mayor pointed oijt that the purpose
consider alternative alignments but to
Impacts of the propo:iei; alignment. The
the EAW and the flndings will be subject
different state or federal agencies
petitioner,
of the EAW is not to
consider
City staff
to review
as well
Notion carried on a Poll Call vota., five ayes.
environmental
will prepare
by twenty-two
as to the
Assistant Manager Boyles stated that on Februar-f 7 the Council
conducted a public hearing on project 205, County Read 61 from
Yenlun Lane to County Road 9 and Xenium Lane room campus Drive
to 200' north of 34th Ave. Action was deferred at that time
pending additional Information on five issues relating to this
project. The consulting engineers have prepared responses to
these concerns.
Mayor Davenport reviewed the five concerns and answers:
1. Cost of berming and landscaping residential properties
abutting on County Road 61 is approximatelV $4,000.
2. Access to Hennepin County Park from Herl.age Estates. There
will be a nelghborl000d park to the south of W.rltage Fstates
not separated by C.R. 61. A typical nelghbornood park is 7
to 8 acres and Includes trails, open areas, and play
equipment. It is not likely there will b-: pedestrian access
to the Hennepin County Park from C.R. 61.
3. Some methods of discouraging traffic on 34th Ave. Include
awareness sessions with employees of the Northwest Business
Campus, Installation of appropriate signs, and Increased
police surveillance to monitor compliance.
4. It will cost approximately 53,500 and lake thirty to forty
days for a consultant to complete the EAW.
S. Four alternative methods of construetlnq `centum Lane beyond
Northwest Business Campus were considered, initial cost
savings could be made but ulttmately the overall cost of the
project would be greater.
Harvey Freund, 3041 Douglas Drive, slated he owns twenty acres
on Xen um Lane. He recently signed an easement over hl:;
property for the proposed Improvement. He feels that to delay
the project would only Increase the costs at a later draw.
Carol Brownell, 3060 Rosewood Lane, asked about the time frame
Tor t e mprovements. Engineer Moore answered that. the earltest
construction could get underway is mid -dune and would finish In
the 1984 construction season. There would he no problem with
access during 1983.
ORDERINC-PROSECT 205
C.R. !; d XENItM
LANF
Item 8-13
S//
Speck! Cbunoil Meting
February 22, M
Pap 47
Mrs. Brownell asked how tar north C.A. 61 will be eomple ed.
Englneet, (bore answered It is proposed that C.R. 61 will be
constructed up to the existing C.R. 9.
Mrs. Brownell asked it there will still be a stop sign where
C.R. 9 and C.R. 61 join. Engineer !bore a:+swered that a traffic
study has not been conduett-d In the racent past to determine it
It warrants a signal.
Mark NeCu.11240, 3353 Rosewood Lane, stated he hoped that the
TIF'would-address alternative alignments of C.R. 61. He asked
the Connell to deter ordering the project until the EAW Is
completed.
Councilwember Threlnen stated he has reviewed Plannlnq
Comilsslon and Council minutes, relating to this protect from the
past twelve !rears. Large public hearings have been held
perlodleally over the years to discuss alignment and the plan
as been final for many years. To change the alignment now
because of residents in one area would be government by whim and
not In keeping with sound governmental planning. He stated he
Veit It was the responsiblllty of prospective homeowners In the
area to find out where roads were to be placed ana not the
City's responsibility to notify each of them. If there is a
lack of camimunication, It is between the developer and
homeowner. (Full text of comments attached as part of these
minutes.)
Carlos Hodge, Prudential Company, stated that he Is appalled
there are people who want to realign C.R. 61 at this late
date. Prudential has already Invested two million dollars In
the present aligrw4.nt.
MOTION was made by Councllmember Neils, seconded by
Councilmember Moen, to adopt RESOLUTION NO. 83-108 ORDERING
IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, COUNTY
ROAD 61/XENIUM LANE INPPOVEMENTS - PROJECT N0. 2056
Motion carried on a Roll Call vote, live ayes.
MOTION was wade by Councllmember
CouneilmemDer Noon, to direct the City
County traffic study at C.R. 61 and C.R.
519n4illation !s necessary.
Notion carrled, five ayes.
Threlnen, seconded by
Engineer to request a
9 to determine whether
NOTION was wade b) Counc.t'member Neils, seconded by
CouncHomber Noon, to adopt RESOLUTION N0. 83-109 AUTHORIZING
CONOEMMTIQN PROCEEOtN^S, PROJECT N0. 215, COUNTY ROAD 61
NORTHWEST 9LMD.l9 XLIN'IL% LANE, WEST MEDICINE LAKE DRIVE.
Motion carried on a Roll Call vote, five ayes.
P SOLUTION N0.83-108
PREPARATION OF
II -ANS 8 SPECS
PROJECT 205, C.R. 61
XENIUM LANE
Item 8-H
RFSOLUTION NO.83-109
NATION PROCF.EDINCS
PRONCT N0. 205
Item A -C
S/
Special Council Meeting
February 22, 1983
Page 48
The Elm Creek Conservation Commisslon 1982
Monitoring Report was reviewed. This report Is
seater quality data collected from streams within
drainage basin.
Mn Olson, consulting engirseer, stated that
almost complete. Engineer Moore stated that
bridges were Installed within the last month.
Water Quality
a summary of
the Flm Creek
all projects are
the two pedestrian
Councllmember Threlnen asked that a letter of thanks be sent to
Nvid Crain and Carol Brownell of C.L.E.A.H. for the work they
did In providing a transcript of the Waste Management Board's
meeting.
Engineer Moore reported
Suburban Rate Authority,
NOTION was made
Councllmember Moen,
THE ISSUANCE OF
MIPOCSOTA STATUTES;
PLAN for April 11,
that he has been elected Chairman of the
by Councllmember Nells, seconded by
to adopt RESOLUTION N0. 83-110 RELATING TO
REVENUE BONDS PURSUANT TO CHAPTER 46?C,
CALLING FOR A PUBLIC HEARIEAG ON A HOUSING
1981.
Nation cirrled on a Noll Call vote, five ayes.
The meeting was adjaurried at 9=45 p.m.
I!lw
ELM CREEK COMERVA-
TION COMMISSION
WATER QUALITY RPT.
Item 6-O
PUBLIC 8 CAPITAL
PRONCT STATUR
REPORT
I t ew e -E
CA REPORTS
Item 8-F
RIMOM N0.83-110
CALLINC. WARM 01T'
HIMING PLAN
Item 8 -Go
Special Council Meeting
February 22, 1983
Attachment
The Comprehensive Plan was tentatively adopted In 197? after much debate and
study. The County Road 61 plans pre -dated this by almost ) years. Me
public hearing process has been utilized )nslstently alenq the way ever
since, and numerous EAN's have been prepared for the alignment area,
particularly north of R*-, 55 end sosith of County Road 6. Several consultant
engineering firms have participated In advising us on altgnme.nt and
realignment where necessary, this roeci is absolutely essential to traffic
movement north and south In this community, and we have numerous traffic
studies to indicate this. It is essentlal to tt•• Coal of Access, and the
Criteria of Transportation In our Goals, Objectl%es, and Criteria, and as
such is vital to the orderly development of the City as a whale.
This Council is com fitted to those :10ais and objectives, and to planned
gcouth via the Comprehensive Plen. You would cast us as unresponsive,
Intransigent bureaucrats, but 1 subm.lt to you thatto roll with, the
polltical winds of each parochial cause would be lrre spoi sible. We must
baleance all o7 the elements of our plan, traffic helnq but one of these.
This balance is critical In successful community planning and growth.
In the plannlnq of County 61, the democrat lc process was utilleed. If
misinformation exists, It is not due to the Ineptness of City staff or
officials, but rather due to fallure of others to Inform purchasers of
homes. or the failure of purchasers to become informed. The City
Comprehensive Plan is general knowledge. if there has been an overslght, we
mist not ignore It, and if there exists misinformation, this Is regrettable,
aid the City f'as a limited responsibility to mltlgate any impact this m.lght
have as best 1t can. But It must not ehendon the Comprehensive Plan, for to
do so nould be exemplary of government by whim, and would be the antitheses
of good plannlnq. 1, for one, will not be a ptirty to such ,i0IItIca1
expediency,