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HomeMy WebLinkAboutCity Council Minutes 12-05-19833 MINUTES REGULAR COUNCIL METING DECEMBER 59 198) A regular meeting of the Plymouth City Council was called to order by Kayor Davenport at 7:44 p.m. in the Council chambers of the City Center at 1400 Plymouth Boulevard on December 5, 1983. PRESENTt Mayor Davenport, Ccurcilmembers Neils and Schneider Clty Manager Willis, Assistant City Manager Boyles, Engineev Moore, Community Development Coordinator NeCona, Park Director Blank. Public Safety Director Carinulst, City Attorney Lefler, and City Clerk Houk. ABSENTt Cuuncllnenbers Moen and Threinen CONSENT AGENDA MOTION was m,:de by Councilmember Schneider, seconded by Cou-301 aembee Neils to approve the %.onse:nt agenda as pr'qtented. Motion carried on a Roll Call vote, three ayes. Ml_NUT..S MOTION was made by Councilmember Schneider, Councllmember Neils to approve the minutes of meeting of November 21 as suhmltted. Notion carried on a Roll Call vote, three ayes. FLAG CEREMONY seconded by the regular Girl Scout Troop .392 from Oakwood Elem..Antary School, under the leadership of Lynn Yezzi, preseitted the flag and :e:d the Pledqe of Allegiance. PRESENTATIONS Mayor Davenport presented the Edina Realty Or,, Girls Softball Team and coaches with Certificates of Appreciation. The qlrls represented the Plymouth -Wayzata Youth Baseball/Softball Association at the National Softball Tournament In Kansas this Past Sumner. Richard Fud et Co-Chalr of the Human Rights Commission ;ask Force 06ar.zed their charge and how they went about completinq Ito He thanked the rest of the task force and Assistant City Manager Frank Boyles for their effort 4. CONSENT AGENDA Item 4 MINUTES - REGULAR MEETINGS OF NOVEMBER 21 Item 5• FLAG CERF,MONY Item 6 PRESENTATION - GIRLS SOFTBALL TEAM Item 7-A PRESENTATION - HUMAN RIGHTS TASV FORCE It eir. 7-R S// Reguloir December Page 248 Councl 1 Meet Ing 5, 1983 Mayor Davenport stated that there will be a study the task force members oil the fourth Monday 10 discuss their recommendations. meetiiiq Pith January to Jollne Gitis, Community Mediar.lon Center, reported on the ui muri tya ldtlotl Program; what it. is,, why it was founded, and the types of cases they handle. She IXplained the make up of the Center's board and hoer the Center Is funded. She asked the Council to appulnt a member to the board to represent Plymouth. MOTION was made by Cuuitcllmember Neils, seconded by Cuuncllmember Schneld:J-, to appoint Dick Pouliot to the Advisory Board for the Community Medlati011 Ceeiter. Mutlun carried on a Roll Call vote, three ayes. PUBLIC HLAR1NC Mayor Davenport explained that the hearinq was. on the proposed vacarlun of street, utility and dr.jll age easeme its along Zachary Lade ddjdCent to Harrison Hills Addltlun, Mdyur Davenport opened the public hearing at 8:22 p.m. No one chose to speak and the hearinq was closed at 8:22 p.m. MOTION was made by Courtellmember Schneider AUTHORIZING THE VACATION ADJACENT TO ZACHARY LANE Coui cllmember Neils, seconded by to adopt RESOLUTION NO. 8.1-654 OF STRLLT, SLOPE AND UTILITY E. 1SLKNTS ADJACENT TO HARRISON HILLS ADOITION. Motion carried un a Roll Call vote, three ayes. PETITIONS, RLQULSTS AND COMMUNICATIONS Mdiidger Willis reported that the petIttuner has requested, and the FIdnittag Cummisslon has rt,cummended approval, for a RPUD cui cept plan for it development called "Hidden Valley" which Iles east and adj4teent to Zachary Lane dnd south of 48th Ave. The Pldnn,ing Cumnilsslun hds discussed wlth the developer the heed fur staging the development so as to reduce suhm- of the potential trdfflc lmpdct to the development to the cast. GrGq Frdliko McCombs -i(nutsoil , stated that this is a 40 acre site. a polnted out possible future streets, pondlnq dregs, and trdl ; developmernt. He stated that the developer requests recunsideratluii of the staff recumaenddt lull for a trail access from the cul-de-sac on the east end of the development to the nurth. He expressed concern wlth the slope of the site. He reviekwed the P'lannlnq Commisslun recummeoidatlons regardlnq cunstrualun trifflc. Saul Se dl, 17915 Comstock Rudd, developer, showed slides of the s te. PRESENTATION - COMMUNITY MEDIATION CENTER Item 7-C PUBLIC HEANING - EASLMENT VACATION Item 8-A RESOLUTION N0.83-654 VACATION ALONG ZACHARY LANE Item 8-A RPUD CONCEPT PLAN SAUL SEGAL "HIDDEN VALLEY" (A 3059 ) Item 9-A e US// Regular Cowncll Meeting December 5, 1993 Page 249 Councllmember W-Ils asked if Mr. Frank at.tewpted tc, develop this alte along with that to the north or south. Mr. Frank answered that Mr. Segal tried to cor:tact the owners of these sites but wither of them wanted to sell or develop themselves at this time. Discussion continued on the proposed open areas and use of hoseowners assoclatlons. Cowtcllmeobrr Neils asked Pa~k Cirector Blank how Important that trail connection to the north was. Park Director Blank answered that it is crucial or he wauldn't have asked for It. It the property to the north doesn't develop as planned now, the trall easement could be turned back to the developer. Mrs. Melvin Peterson stated she owns three lots to the north of tT—site an s'favor of Its development. She did ask If sewer and water would be made available to her property soon. Mantager WI.11ls answered that sewer and water would be available In 1984. MOTION was made by Councllmember Neils, seconded by Councilmember Schneider, to adopt RES"'6UTIW NO. 83-655 APPROVIWG RESIDENTIAL PLANNED UNIT DEVELOPlc-NT CONCEPT PLAN FOR SAUL SEGAL, FNTERPRISE PROPERTIES (83059) with the addition of condition 8 as follows: "Provision be made for tr4 l connection to the property to the north." Motion carried on a Roll Call vote, three ayes. Councilmember Schneider asked about access to the development. Manager Willis stated that he ar1t1cipate3 access to Zachary Lane durintg the 1985 construction season. Eugltteer Moore stated that only the Cast portion of the development will take place until another access can ae established as stated !n condition 7 of the resolution. Mr. Knutson asked that when there would be preliminary plan/plat, Bass Lake Heights" as the requiting request. this item be deferred until December 19 a full Council to consider his PUS rezoning, and conditional use permit `Por It will take a four-fifths vote to pass MOTION was made by Counclimember Schneider, seconded by Cuuntel!Member Neils, to adopt RESOLUTION NO, 83-656 CONVEYANCE OF CITY PROPERTY TO RUBIN REAL ESTATE COMPANY, A PARTNERSHIP, FOR STEVENS-LEE BUSINESS EXPANSION (83029). Motion i:arried on a Roll Call vote, three ayes. Manager Wllllt stated that the Plansiing Commission is recommendlnq approl al of the 1PUD preliminary plat/plan, conditional use peMit and site plan for "Parkview Apartments" located at County Road 9 and 413t Are. An adjacent neighbor is caverned that the apartments are too close to his property. RESOLUTION 40.83-655 Xr CONCEPT PLAN FOR AUL SEGAL (8 3059 ) Item 9-A K -M PARTNERSHIP BASS LAKE HEIGHTS Item 9-B RESOLUTI(W Wo03-656 romy 1W CITY PROPERTY TO RUBIN REAL ESTATE Item 9-C+ MISSION PARTNERSHIP PARKVIEW APARTMENTS Item 9-D S// Regular Council Meeting December S! '198) Page 250 Cer e Hulderl eSS, Mission Partnership, stated they could moue the b4.*lldlng a little more to the south to accommodate Mr. Rtorgdn's request. Additloneal lar dscdping has also been added to the plan. Discusslor fol'#M"d ur where the trees w' ll be added and proposed setbacks to the west ar d north property lines. MOTION was made by Councllmember Neils, seconded by RESOLUTION NO.83-657CouncilmefterSchneider, to adopt RESOLUTION N0, 83-657 acid APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAW/PLAT, a CUP PLAN/PLAT AND CONDITIONAL USE PERMIT FOR MISSION PARTNERSHIP FOR MISSION PARTNERSHIPPAMVILWAPARTMENTS (RPUD 76-1) A-338) with an ame.ded PARKVIEW APARTMCNTScorditlui 13 to read as folloaS: Building located on Lot 1 to IA -3381 be relocated to the south ar d additional plantlr gs shall be Item 9-D located on the south side of the building to further shield the Cuuitellmember Neils, to adjacent property as stated !n a letter from Lundgreei Hrothers RLDUCTION OF 1HE SITE PERFORMANCE GUARANTEE FOR per Dennls Mulvey dated 11/29/839 and additional plantings shall CHURCH OF EPIPHANY be located dlu g the west sine of the buildinq to shield the recredt lon al dreg." 82036) Mutlon carried uni d Roll MOtlol carried un d Roll Call vote, three ayes. Further discussfun will take place between the developer acid Cuu tellmcmber Neils, to Mr. 6jorga i to reach dgreemefit oil the screenlnq to be used and PLRFORMANCi, CUAR; Its pldceImeiit. SCHOOL DIST. 294 SCHOOL DISTRICT N0. 284 82038)6 MOTION ads made by Counc.11member Schr elder, seconded by RESOWTION NO.83-658CuuitellmemberNeils, to adopt RESOLUTION N0, 83-658 AUTHOR11tNG 9OND "DUCT ION RLDUCTION OF 1HE SITE PERFORMANCE GUARANTEE FOR CHURCH OF HE CHURCH OF EPIPHANYEPIPHAIiY (82036). 82036) Mutlon carried uni d Roll Call cute, three ,1,es. Item 9-Ew MOTION was made by Counellmember Sc melder, seconded by RESOLUTION NO.83-659CouitelIIItimberNeils, to adopt RESOLUTION VC, E3-659 AUTHO)R.IZINC ROAD RELEXTRELEASLOFTHESITEPERFORt,ANCE CUARANTLE, FOR CHURCH OF TH4_ C; „IRCH OF EPIPHANYLP.IPHANY (82036). ( 82036 ) NOtlOII carried un a Roll Call vote, three dyes. Item 9-E• MOTION ads made by Cuuiicilmember Sci ielder, seconded by RESOLUTION NO.83-660CuutellmcmberNeils, to adopt RESOLUTION 10, 83-660 AUTHORIIING BOND WEPlICTIONRLDUCT.ION OF THE SITE PLRFORMANCi, CUAR; WEE. FOR INKPEN9LNT SCHOOL DIST. 294 SCHOOL DISTRICT N0. 284 82038)6 82038) Motlun carried oil a Roll Call vote, three dyes. Item 946 MOTION wds made by Councllmember Schr elder, seconded by RESOLIOTION NO.83-661CountcilmemberNulls, to adept RESOLUTION NO. 83-661 AUTHOR111NC RLDUCTION OF THE SITE PERFORMANCE GUARANTEE FOR PRODESIGN, INC. PRODESICN, INC. 83004). (83004) Item 9-c* Mutlun carried Oil a Roll Cdll vote, three dyes. Aill Regular Council Meeting December 5, 1983 Page 251 MOTYON was made by Councllmenber Schneider, seconded by RESOLUTION N0.83a"? Cowtcllmeobcr Nelis, to adopt RESOLUTIO14 N0. 83-662 AUTHOR1tIks IM REDUCTION ' RLLEASE OF THE SITE PERFORMANCE GUARANTEE FOR TONARK DEVELt1PMEN1 YONARK DEVELt1P11ENT COMPANY 482013). (82013) Item 9-H• H tion carried on a Roll Call vote, three ayes. NOTION was made by Councilmwber Schnelder, seconded Eby RESOLUTION N0.83."J Couneltmember Neils, to adopt RESOLUTION N0. h3-663 AUTHORIZING Bow WEMETIM, REDUCTION OF, THE SITE PERFORHANCL CUARANTEL FOR RICHARD 2EJDLIK MISSION OAKS FOR MISSION OAKS (A-3)81 to S20,000. (A-338) Item 9-1• Hutton carried on a Roll Call vote, three; ayes. MOTION was made by Councllmember Schneider, seconded by R£SOLUIION W).83-664 Cowiclimember Neils, to adopt RESOLUTION NO. 83-664 AUTHORIZING MWMX'X Of SEVEN THE PURCHASE OF SEVEN 1984 MODEL POLICE PATROL VEHICLES IN AN 1984 POLICE VEHICLES AMOUNT NOT 10 EXCEED 574,723.95. Item 9-34 Motloi carried on a Roll Call vote, three ayes. MOTION was made by Councllmceber Schneider, seconded by RESOLUTION NO.A3-665 Cuwncllmember Neils, to adopt RESOLUTION NO.. 83-665 REDUCING POW REDMUMI DEVELOPMENT BOND, MISSION OAKS FIRST ADDITION (A-338) to MISSION OAKS IST rtt,si 210. ADDN. (A-338) Item 9-K-14 carried on a Roll Call vote., three ayes. V NOTION was made by C©wncllmemher Schneider, seconded by RESOLUTION NO.83-666 Councllmtwmber Neils, to adopt RESOLUTION N0, 83-666 REDUCING DEVELOPMENT BOND, WEST RIDGE LSTATES FOURTH ADDITION (A-745) to WEST RIDGE ESTATES 09 4TH ADON. (A-745) Item 9-K-2+ Notion carried un a Roll Cdll vote, three ayes. MOTION was made by . Councllmeinber Schneider, seconded by RESOL'ITION NO.A3 4547 Counclloember Neils, to adov RESOLUTION N0, 83-667 REDUCING DLVLLOP14LNT BOND, WES # R4- qGL LSTATES FOURTH ADDITION (A-745) to %'EST RIDGE ESTATES 2,500. 4TH ADDN. (A-745) Item 9-K-20 Mutiun carried un a Roll C:cll vote, three ayes. MOTION was made by Councllmember Schneider, seconded by RESOLUTION N0,93468 CownellmeRiber Neils, to adopt RESOLU710M N0, 83-668 REDUCING AAAL DEVLLOPMENT BOND, WEST RIDGE ESTATES 1 lF'N ADDITION (A-745) to WEST KInCE ESTATES 529000. STH ADON. (A-745) Item 9 -if -30 M011wl carried on a Roll Call %ote, three ayes. teJames Prest, representing Prest Equipment Company, has UNIFORM FIRE CODE ested a hearis g before the Board of Appeals on the Uniform APPEAL RY JOHN Code which requires his building hdve central station PREST mw,lturing of his fire sprinkler system. ltvm 9-L-1 is// Regular Council Heeting December 59 1983 Pop 252 Councllmelmber Hells asked what differences there were between Mr. prest's appeal and that of Vantage Companies earlier this year. Fire 1113peetor Plock stated that the situations are Identical. Counclimember Hells asked It this was a particularly hazardous building. Fire inspector Plack answered that It wasn't. James Prest staled he is opposed because of the cost. He stated t at since he mooed to Plymouth in 1976 he has been constantly harassed by the City Including high taxes and special assrssmeets. Mayor Davenport explained to Mr. Prest how property taxes are broken down to the various taxing districts. Mr. Prest stated that the ordi11al1ce only would apply If lie has more thd1: 100 sprllikler heads alld he has less than that. Fire 111spector Plock stated he will count the number of sprinkler leads is Jetermille whether or not the Code applies. MOTION was made by Councllmember Schneider, seconded by Councllmember Neils to defer the appeal until the number of sprl acler hedds has been determined. Motloli carried, three ayes. NOTION w•js made by Cousicl lmelmber Nei ls, seconded by Couikellmember Schneider to adopt RESOLUTION NO. 83-669 A PROCEDURAL GUIPELINE RELATIVE TO THE BOARD OF APPEALS PROCESS. Mutlosi cdrrled o1i a Roll Cdll 4ote, three ayes. MOTION was made by Cou11c1 Imember Ne 1 Is. Depdrtment to begin md111te11d111'f? of the .ice Councl l membe r to authorize us l lig the Toro skit llig r1eiks. Mutluli carried, three dyes. Schnelder, the Pdok 72" tractor Seco :ded by Mia 1litenditce for wititer MOTION was made by Councllmemher Schneider, seconded by Couttellmumber Neils, to adopt RESOLUTION NO. 83-670 APPROVING FUNDING OF PLAYGROUND EQUIPMENT FOR THE PILGRIM LANE ELEMENTARY SCHOOL PARK In the amount of $10,000. Mutlwl carried o1i a Roll Cdll vote, three ayes. MOTION was made by Counci lmember Sehiielder, seculidtd by Cuuitellmember Nells, to adopt RESOLUTION N0. 83-671 RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACTT CALLING FOR A PUBLIC HEARING THEREON, Lyndale Termlital Company lit the dmowlt of $6,700,000 for December 28 at 500 p.m. Mutluli carried o1i a Poll Cdll Mute, three ayes. r RESOLU71ON 4t1.93-669 ow or Pwms PROCESS GUIMLINES Item 9-L-2 APPROVED USE OF TORO 72" FOR MINTER Item 9-M• RESOLUTION HOs83-670 PILGRIM LANE SCHOOL - Item 9-N* RESOLUTION NMJ-6713-671 CAM ING. HEAR IRV' IDRR FOR LVNDALE TERMINAL Item 9-0-1* its// Regular rotund I Meeting Deceober S, 1963 Page 253 NOTION was made by Councllmember Schneider, seconded by Counellstater Nelisp to adopt: RESOLUTION N0. 83-672 RELA;'ING TO A PR03EC1 UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: CALLINC FOR A PUBLIC HEARING Tt-EREON, Dominlum Executive Offices Limited Parti:crship In the amount of $8OG,000 for December 28 at 500 pass Mutlon carried on a Roll Call vote, three ayes. NOTION was made by Councllmerber Schneider, seconded by CuwDcllsember Neils, to adopt RESOLUTION N0, 83-673 RELATING TO A PROJECT LHXR THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON, Alpana Alunlrwrw Products, lnc. for December 28, at 5:30 p.m. Notion carried on a Roll Call vine, three ayes. RLPOHTS OF OFFICERS, BOARDS AND COMMISSIONS0010MENNE! RESOLUTION NO90 672 IDR8 FOR DOMINI IN Item 9-0-24 RESOLUTION N0.83-673 CALLING HEARING a"s`ssa IDR89 ALPANA ALUMIN M PRODUCTS Item 9-0-3• MUTLON was made by Councilmember Schneider, seconded Ly RESOLUTION NO.83-674 Cuutiellmember lkils, to adopt RESOLUTION NO. 83-674 SETTING 5LTTIRG WATER & ME MATER AND SANITARY SEWER AREA' AND RESIDENTIAL EQUIVALENT SEWER AREA CHARGES CONNECTION CHARGES. Item 10-A Notion carried on a Roll Call vote, three ayes. NOTION was made by Couwicllmember Neils, seconded by Mayor Davenport, directing staff to inform the Development Council of the pending increases. 11 Hutton carried, three ayes. Engineer Moore stated that the City doesn't have an ordinance ORDINANCE REGULATING pertaining to overhead or underground utllltles. It has always PLACEMENT OF UTILITY been a part V the development cuiltr-act that all utilities be FACILITIES placed u:-lerground. lei the case of public improvement projects, Item 10-0 If there were existing overhead utilities which could be placed put the underground, the City has requested It. In conjunction with the 1999000 and only County Road 61 improvement project the City requested that the If they t;A.sting overhead utilities along West Medicine Lake Drive, don't believer It which 'hao. to be relocated because of the location of the new roa3way, be Installed underground. All utllltles, with the exetptlon of NSP, complied with the request. Cuuncllmember Neils asked if this situation has come up before. Engineer Moore answered that this has come up three tAmes and the utilities have always complied. 8111 Eldridge, NSP Company, stated that they really have tit) objections u the ordinance. The big problem Is that the cost can be consideraole. The County Road 61 project, to put the wires underground, will cost 1999000 and only S449000 If they were replaced overhead. They don't believer It 15 acceptable to S// Regular Coeu cll Meeting December 5, 1983 Page 254 rake the rate payers ba; for the bonafitted customers should pay for It. which they do undergrount; their wires proper to spread the costs to,ail users, addltional cost. The There are new areds In but don't feel It Is Mayor Davenport polnteci out that as a public utlllty they already are conducting other programs which rate users are paying for but from which they don't benefit. Counclimemb:r Neils asked the legal status of NSP's rule not to underground wires where they were previously overhead. Mr. Eldridge stated NSP submits the rules and the Public Utilities C01mm1531911 accepts them. David Lawrence, NSP legal staff, stated that unless all cities moved togetherto enforce unde:rgrounding, residents will be treated Inequitably. Councllmember Schneider pointed out that the ordinance allows for varlal ces. Mr. Eldridge restated than his objection Is that nobody warts their co stltuents to pay for the undergrounding. NOTION was made by Councltmember Schneider, seconded by Councilmember Nails, to adopt ORDINANCE NO. 83-13 PROVIDING FOR AND RECULATING OF THE PLACEMENT OF UNDERGROUND AND/OR OVERHEAD UTILITY FACILITIES IN THE CITY OF PLYMOUTH. Mutlo carried on a Roll Carl vote, three ayes. Mayor Davenport ysked that Mr. Lawrance adopt a legal position aiid comu lrate It to the City Attorney. NO) ION was made by CounclImeinber NeIIs, seconded by Councllmember Schneider. to adopt RESOLUTION N0. 63-675 APPROVING REVISIONS IN THE CITY COUNCIL POLICY ESTABLISH114C iROCEDURLS FOR DEFERMENT OF SPECIAL ASSESSMENTS ACAINSI OWNER-OCCUPIEO HOMESTEAD PROPERTY OF SENIOR CITIZENS. MutWn carried on a Roll Call vote, three ayes. OTHER BUSINESS MOTION was made by Councllmember Schneider, seconded by Counellmember Neils, to appoint 3vdy LaTour to the Park and Recreatlo Advisory Cunmisslo. Notion carried, three sl -es. ORDINANCE N0. 8343 CROUND 8 OVERHEAD UTILITIES Item 10-B RESOLUTION NC .83 -675 59FERMEW TW ASSESSMENTS FOR SENIOR CITIZENS Item 10-C 0T1W..R BUSINESS W Regular Council Netting Oacewber S. 1963 Page 255 NOTION was made by Councllaember Neils, seconded by Counclleember Schnelder, to adopt RESOLUTION N0. 83.676 SETTING C0WENSATION FOR TNE C17Y MANAGER FOR THE PERIOII MAY It 1983 THROUGO APRIL 30, 1984. Notion carried on a Roll Call vote, three ayes. The meeting adjourned at 10:10 p.m. c RESOLUTION N0.83476 SETTING COWKWAY FOR CITY MANACER