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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,