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HomeMy WebLinkAboutCity Council Minutes 11-18-1985MINUTES REGULAR COUNCIL MEETING NOVEMBER 189 1985 A regular meeting of the Plymouth order by Mayor Davenport at 7:35 Chambers of the City Center at November 18, 1965 City Council p.me in the 3400 Plymouth was called to City Council Boulevard on PRESENT: Mayor Davenport, Councilmembers Crain, Neils, Schneider and Vasitiou, Manager Willis, Assistant City Manager Boyles, Public Woks Director Moore, Planning Director Tremere, Park Director Blank, City Attorney Thompson, and City Clerk Houk ABSENT: None CONSENT AGENDA MOTION was made by Councilmember Schneider, seconded by CONSENT AGENDA Councilmember Crain, to approve the consent agenda with the Item 4 deletion of items 7-L and 8-C. Motion carried on a Roll Call vote, five ayes. MINUTES summons NOTION was made by Councilmember Schnelder, seconded by MINUTES - REGULAR Councilmember Crain, to adopt the minutes of the regular Council MEETING OF NOV. 4 meeting of November 4 and the special Council meeting of AND SPECIAL MEETING November 7 as submitted. OF NOV. 7 Item 50 Notion carried on a Roll Call vote, five ayes. PROCLAMATION Mayor Davenport read a proclamation declaring the week of PROCLAMATION - November 1743 as American Education Week in the City of AMERICAN EDUCATION Plymouth. WEEr. Item 6 School safety patrols from Sunset Elementary School were present to thank the City and Police Department for working with thein on their patrol training. Dorothy Leathers, teacher at H. 0. Sonnesyn Elemc..itary School, nnor fourth grade class gave a brtar presentation for haeriean Education Week. 1 J, 0 RerjUr Council 'fleeting NovMber 18, Ms Page 367 TITIOMS. REQUESTS AND Nanager Millis stated that the developer of Ivy Park iI has Indicated he is iR the process of preparing an Environmental Assessment Doric Sheet 4EA10* The resolution for consideration provide& that the Council doesn't find it necessary to order an EAW as State uWatery EAW requirements do not apply and the plans are consistent with the City codes. The Council decided discussion of Item 7-B should take place before any action was taken on a determination of need for an EAW. Mayor Davenport stated that this will not be a public hearing, but two representatives from the neighborhood will be allowed to express their concerns. Director (bore showed a slide summarizing the concerns of the neighborhood which wer, volved at the Planning Commission's public hearing. Following the public hearing the Planning Commission recommended approW of the development which contains 43 single family homes on 24 acres located east of 48th Avenue and Valley Forge lane. Planner Tremere stated that the Council had previously reviewed a request to develop this site, asking the developer to increase the acreage to comply with PUD requirements. Mayor Davenport stated the adequacy of the EAW will be discussed and reviewed by the Council and by anyone interested before any work will commence on the development. The EAW is a planning tool which answers a set of environmental questions. The responses are reviewed by various agencies to determine the degree of environmental impact of the development. The purpose of the EAW is to ascertain whether the document addresses these environmental concerns and to determine whether an Environmental Impact Statement (EIS) may be required. Councilme A r Vasillou asked, in the absence of a negative declaration, can the City deny the proposed development? Attorney Thompson answered they can only if the developer doesn't met the ordinance requirements. Director Moore stated the ONR has a protected wetland in this area and their jurisdiction to Hotted to the ordinary high water level, preliminarily determined to be an elevation of 913 ft. Any work proposed at or below that elevation would require a permit from the DNR. The OW results are forwarded to the Corps of Engineers who then declare their finding. DETERMINATION OF NEED FOR ENVIRONIENTAL WORK SNEET, IVY PARK II Item 7•A RRM CONCEPT PLAN. C.U.P. • PRELIMINARY PLAN/PLAT, IVY PARK II (84057) Item 7-B u 14pl'ar Count! l Meeting vember to, 1985 Page :66 Fran Magen, representing the developer, stated they believe the Tr'opsail Is a reasonable blend of urban housing and preservation of wildlife and nests the Metropolitan Council's orderly expe4lon plans. The Met Council encourages infill development In an orderly fashion in the urban service area which this is ane a sizable portion of the site will be preserved. Couneilmember Vasitiou stated that a realtor had told hone buyers that this would be protected as a wildlife preserve and this was Mlsrepresantatlon. Sawl i, developer of the property, stated he sold the property to a builder who told his that the seller would tell potential buyers to check with the City as to possible development. The builder and realtor do not work for his and the salesman has told him that he did not misrepresent the property. Dain Carroll, one of the developers, stated the western part of e proper y has had a For Sale sign on it with his phone number but that he had never been called about prospective development. Mr. Hagen noted that Outlot A was open space and the Dili protected land would remain undeveloped. Director Moore stated that during 1977-60 the natural outlet for the area drainage was plugged which has caused the pond on this site to enlarge. Larr lieder, 4640 Union Terrace Lane, stated they were Misled y t e sa esperson when purchasing their home. He presented the Council with Materials stating the neighbors' position on the proposed development. Couneilmember Schneider stated their map was inaccurate in showing where grading would take place in the south section of the development. Mr. lieder stated he was trying to show where the water and natural vegetation would no longer be because of grading. Don wisdorf, 4630 Union Terrace lane, presented a petition wUh 6511 signatures stating concern for the area and opposing the development. Me stated a committee has been forimed to work with the City and the developer and asked that the development approval be deferred until agreement can be reached. Councllmember Schneider noted that many of the signatures on the petition were from people living in various parts of the state outside Plymouth. P Iheguler teuncH Nesting liovMber tole 1"s Page 30 Mr. gisior! stated the signers were told that the development would destroy wildlife. Couneilneber Schneider NOW that It would be very expensive for the City or the State to purchase the land and the City doesn't +rantit since It is not in the Comprehensive Park Plane He stated concern that persons signing the petition were not aware of potential costs of alternatives to development. Ginra slack, Audubon Chapter of Ninneapolis, stated she toured area and there are certain portions which would be 4c.erely itpacted by development and asked that a vote be deferred until the EAr is co"Ieted. 3erry Smith, ecologist with the Corps of Engineers, stated he was representing the Corps and was present to hear both sides of the story. The Corps works with the DNR to protect wetlands. He stated the higher section of the area will not be protected by the DNR but the Corps would have jurisdiction and a permit would be required to develop this land. Mayor Davenport listed the Council's options for action at this t1we. NOTION was made by Councllmember Schnelder, seconded by Councilmember Vastliou, to adopt RESOLUTION NO. 85413 DIRECTING RESPONSE TO ENVIRONMENTAL QUALITY BOARD (EQB) NOTICE OF PETITION REQUESTING ENVIRONMENTAL ASSESSMENT WORKSHEET (EAM) FOR IVY PARK 11 DEVELOPMENT ( 84057) . Motion carried on a Roll Call vote, five ayes. Councilmesber Schneider recalled that in November, 1984 the Council gave specific direction to the then developer of this area that they wanted this parcel enlarged in consideration of RRM status, and to deny that at this time would be untair,. Councilmenber Crain stated he favored this being an RPUD from the point that conventional development could do more damage to the area and would result in less effective open space. Mayor Davenport explained tho advantages of an RPUD and noted that the developer does not have to do an EAW but has volunteered to do this. counoilmember Neils thinks it would be Input of the other suggested deferring knowns stated ate supports the prouture to approt.r. 6he agencies who may have action until the results development but plan without the jurlsdt-Iton and of the EA8 are RESOLUTION NOJ5413 TO EQB REGARDING NEED FOR EAw, IVY PARK II Item 7«A Iq lboular Council looting Novesiber 14, 1985 Page 370 Counellmembers Crain and Vaslllou agreed. Hr. Haagen pointed out that the fill area is limited and will not take place on the south section as depleted on the maps presented by the neighbors. NOTION was made by Councilmember Vasiliou, preliminary plan/plat, variance for Ivy Park II EAW. Councilmember Neils, seconded by to deter action on the concept plan, rezoning, conditional use permit, and subject to completion and review of the Notioa carried, five ayes. NOTION was made by Councilmember Schneider, seconded by Counclimember Crain, to adopt RESOLUTION N0. 85-914 APPROVING SITE PLAN FOR CRAIG FREEMAN FOR WILLOW GROVE SHOPPING CENTER PHASE 11 (85100) . Motion carried on a Roll Call vote, five ayes. Couneilmember Neils asked when the pond will be constructed. Director Moore answered that the pond will be constructed concurrently with the first phase of development and will be conditioned In the final plat approval. Counellmember Neils stated she would be more comfortable it more that just four lots were platted in the initial phase because of the R-2 zoning and the LA -2 guiding. Director Tremere stated that the rezoning action makes reference to general development plans and that a covenant could be put on the outlot restricting development to single family homes on R4 zoned land. Michael Freund, developer of Heritge West 2nd Addition, stated they are proposing all single family housing and will probably develop the property themselves as soon as they get approval. Kathr n Peterson, 3515 Rosewood Lane, representing Heritage States owners Association, is concerned with the rest of the development and tha possibility of what could happen to it. She is also concerned about drainage of the ponds and the results of the development on their property. They went assurance that some of the trees will remain. Mayor Davenport stated that the City does not regulate size or prise of homes. RESOLUTION NOsOM14 a ..-..., .....so GROVE, PHASE II 85100) Item 7-C+ HERITAGE ADDITION Item 7-D WEST 2ND 85108 ) Regular Council Meeting IJovember 18, 1985 Pape 371 Director Moore stated the City will be requiring will have to be constructed first, before •'ie should control the runoff from the developments that the pond grading, which Discussion followed on erosion control measures and the penalties for none:oepliance. NOTION was made by Councilmember Moils, seconded by Councilmember Schnelaer, to adopt RESOLUTION N0. 85-915 APPROVING PRELIMINARY PLAN/PLAT CONDITIONAL USE PERMIT AND VARIANCES FOR MI0 AEL FREUND FOR HERITAGE NEST 2ND ADDITION 85106) changing condition 10 to read as follows: "Mo private driveway access to Xenlum Lane shall be allowed;" adding condition 15 as follows: QFinal plat shall include covenants on Outlot A (land other than Block 1, Lots 14) restricting use to single family detached homes as shown on the preliminary plat received 11-143;" and adding condition 16 as follows: "The developer shall meet with representatives of school districts 281 and 284 regarding possible transfer from one district to the other of Lots 140 Block 1." Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Neils, seconded by Councilmember Schneider, to adopt ORDINANCE NO. 85-34 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS NORTHEAST OF 34TH AVENUE NORTH AND XENIUM LANE AS R-2 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Counellmember Schneider, to adopt RESOLUTION N0. 85416 SETTING CONDITION TO BE MET PRIOR TO RKICATION OF ORDINANCE REZONING LAID LOCATED NORTHEAST OF 34TH AVENUE AND XENIUM LANE (85108)0 kotion carried on a Roll Call vote, five ayes. Councilmember Vasiliou asked whether the fountain should be part of the initial phase. Director Blank stated this was to draw attention to the park. NOTION was made by Councilmember Crain, seconded by Councilmember Neils, to adopt RESOLUTION N0. 85-917 APPROVING PHASE I DEVELOPMENT FOR PARKERS LAKE CITY PARK. Notlon carried on a Roll Call vote, five ayes. RESOLUTION N0.85415 PLAT, C.U.P. AND VARIANCES, HERITAGE WEST 2ND (85108) Item 7-D ORDINANCE N0. 8544 XMINCt. ZONING MD. HERITAGE NEST 2ND Item 7-D RESOLUTION N0.85416 AMENDING ZONING ORD. HERITAGE WEST 2ND 85108) Item 7-D RESOLUTION N0.85417 PARKERS LAKE CITY PARK Item 7-E malar Council Meeting November 18, 1985 Page 372 MOTION was made by Councilmember Schneider, seconded by Councilmember Neils, to adopt RESOLUTION N0. 85418 APPROVING T1E PUKVASE OF THE. CAfEFIELC FITNESS COURT. Motion carried on a Roll Call vote, five ayes. 3udy Labeck, 10725 39th Avr., noted that it is not acceptable 'e e that any cars are speedio.g on 39th Ave. Mayor Davenport stated again that stop signs have limited effectiveness in traffic/speed control. Councilmember Neils stated she is convinced that speed cannot be controlled with stop signs.— Councilee Mar Vasiliou spoke in favor of the stop signs for safety reasons. Mayor Davenport explained the City's policy on stop signs adding that if the Council grants this request, the policy should be changed to aecmmdate siailar situations. Director Moore stated the disadvantage of stop signs is that a false sense of security" is established for pedestrians and the fact that the police are expected to enforce the stop sign. MOTION was made by Couneilmember Va31lIOU, seconded by Counelli-ember Neils, to approve the request for an "all way" stop at the intersection of 39th Avenue and Union Terrace Lane. Motion failed, two ayes. Mayor Davenport and Councilmembez s Schneider and Neils voted nay. Pam Divin, 13015 37th Ave., stated she appreciated the fact that TW"=y believes some control is needed. The residents, however, strongly feel the recommendation of stop signs on Rosewood Lane only is oiot a good one. MOTION was made by Couneilmember Schneider, seconded by Councilpwber Neils, to adopt RESOLUTION N0. 85-919 INSTALLATION OF STOP SIGNS AT INTERSECTION OF ROSEWOOD LANE AT 37TH AVENUE. Motion carried on a Roll Call vote, four ayes. Couneilmember Vasiliou voted nay. Steve Nusatto, 18805 4th Ave., stated the neighborhood Is ooneerne w the speed and want it reduced to 20 mph. Mayor Davenport stated that MnDOT will not reduce the speed limit to 20 mph adding that,if the offenders names were given to the Police Department, follow up action would be taken. RESOLUTION N0.85418 APPROVING GAMEF1 FITNESS COURT Item 7•F RADAR STUDY ON 39TH AVENUE A UNION TERRACE LANE Item 7-C REQUEST FOR ALL NAY STOP AT 37TH AVE. • ROSE11000 LANE Item 7M RL•SOLUTION N0.85419 STOP SIGNS, 37TH AVE. i ROSEWOOD LN. Item 7-H REQUEST FOR 20 MPH SPEED LIMIT FERtDALE NORTH ADDN. Item 7-I r, FA*dar Council NeetlnO. Wvsdwr 18, l"s Paye 373 NOTION was rale Oy Counclimem'her Schneider, seconded by RESOLUTION 10.415420 liesdor Crain, to adopt RESOLUTION Mo. 03420 APPROVAL OF INE SERVICE; STATION LICENSE FOR HOLIDAY STATION STORES HOLIDAY STATION 220. 10100 County Road 9. Item 7-30 Notion earrled on a Aoll Call votes five ayes. NOTION was made by Councilmember Schneider, seconded by RESOLUTION N0.8 MI Councilmember Crain, to adopt RESOLUTION NO. 415.921 APPROVING Wr,.3ALE OFIF4ALE NON -INTOXICATING MALT LIQUOR LICENSE FOR HOLIDAY LIQUOR LICENSE STATION STORES 02209 MOD County Road 9. HOLIDAY STATION. Item 7-3 Notion carrlyd on a Roll Call vote, five ayes. MOTION was made by Counctlmember Schneider, seconded by RESOLUTION NO.85.922 Counellmember Crain, to adopt RESOLUTION NO. 850922 APPROVING LICUM CIGARETTE LICENSE FOR HOLIDAY STATION STORES 0220, 10100 County HOLIDAY STATION Road 9. Item 7-.10 Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by RESOLUTION N0.85424 Counoileeaber Crain, to adopt RESOLUTION NO. 85-924 REQUESTING IEINEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED COUNTY SPEED STUDY STUDIES, COUNTY ROAD 61 • HIGHWAY 55 TO SOUTH CITY LIMITS. C.A. 61 Item 74,10 Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by RESOLUTION N0.85.925 Counolimember Neils, to adopt RESOLUTION NO* 85=925 AWARDING BIO XMINE, 0110 MR FOR SALT STORAGE BUILDING to Demers and Touhey Construction In SALT STORAGE BLDGo the asount of $71,391.00. Itdm 7-L Notion carried on a Roll Calt vote, five ayes. NOTION was made by Counallmember Srthaeider, seconded by RESOLUTION N0.85426 Counollm mhor Crain, to adopt RESOLUTION N-,. 85426 ACCEPTANCE OF UTILITIES CONSTRUCTED TO SERVE LOTS 1 - 5, BLOCK 1, SUBURBANOALE ON SUBURBANOALE ON PARKEAS LAKE (85015) to $80000. PARKERS LAKE (85015) Item 7-N•1• Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by RESOLUTION NO.SS-927 Cbuncllmember Crain, to adopt RESOLUTION N0,, 85-927 REDUCING MM 1MVIM, DEVELOPMENT BOND, ROLLING HILLS PARK (83059) to $5,600.00. ROLLING HILLS PARK(83059) Notion carried on a Roll Call vote, five ayes. Item 7-04020 MOTION was made by Cotmllme*er Schneider, seconded by RESOLUTION hO*65-928 Counclimember Crain, to adopt RESOLUTION N0. 85428 REDUCING mm 110=716A , DEVELOPMENT BOND, PLYMOUTH CREEK 3RD ADDITION (79006) to S0. PLYMOUTH CREEK 3RD 79006) Notion carried on a Roll Call vote, five ayes. Item 7-M-3* n Regular Council Meeting November 18, 1985 Page 374 NOTION Was made by Councilmember Schneider, seconded by Councilmember Crain, to adopt RESOLUTION NO. 85=929 REDUCING DEVELOPMENT BOND, PLYMOUTH CREEK 2ND ADDITION (79006) to $0. Motion carried on a Roll Call vote, five ayes. NOTION Was made by Councilmember Schnelder, seconded by Counallmember Crain, to adopt RESOLUTION NO. 850930 REDUCING DEVELOPMENT 8000 TINBERTON ADDITION (83054) to $299054.00. Motion carried on a Roll Call vote, five ayes. NOTION Was made by Counciimember Schneiderg seconded by Councllmember Crain, to adopt RESOLUTION NO. 850931 REDUCING DEVEL~T BOND, ZACHARY HILLS 3RD ADDITION (79045) to 50600.00. Notion carried on a Roll Call vote, five ayes. NOTION Was made by Councilmember Schneider, seconded by Councileember Crain, to adopt RESOLUTION N0. 85.932 REDUCING DEVELOPMENT BOND, ZACHARY HILLS 4TH ADDITION (79045) to 110536.00. Motion carried on a Roll Call vote, five ayes. MOTION Was made by Councllmember Crain, to PRELIMINARY REPORT AND MISSION TRAILS ADDITION. Councllmember Schnelder, seconded by adopt RESOLUTION NO. 85433 RECEIVING ORDERING PROJECT, STREET LIGHTING - Motion carried on a Roll Call vote, five ayeb. NOTION Was made by Councllme+eber Schneider, seconded by Councilmember Crain, to adopt RESOLUTION N0. 85434 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET L:,jMTING - QUAIL RIDGE ADDITION. Motion carried on a Roll Call vote, five ayes. PORTS OF OFFICERS, BOARDS AND COMMISSIOKS Manager Willis stated the Netropolitan Waste Control Commission rate study task force report makes recommendations to the full Omission which wili substantially increase the serer availability charge (SAC) collected over the next six years. He suggested the City monitor the situation. Manager Willis submitted Board of District 284 in Input to develop a set of new superintendents a copy of his letter to the School response to their request soliciting criteria to be used in selection of a RESOLUTION N0.85429 PLYMOUTH CREEK 2ND 79006) Item 70M•4• RESOLUTION HOeSM30 VOW RMXIrIW' TIMBERTON ADDITION 83054) Item 74-S• RESOLUTION H0.8 MI ZACHARY MILLS 3RD 79045) Item 7-M-6* RESOLUTION MIS432 ZACHARY HILLS 4TH 79045) Item 7ON40 RESOLUTION N0.85433 OVA- WE; FRUZUT STREET LIGHTING MISSION TRAILS Item 7-N-1• RESOLUTION N0.85.934 STREET LIGHTING QUAIL RIDE ADON. Item 7 •N- 2• WASTE CONTROL CONN. RATE STUDY REPORT Item 8-A coNNENTS ON S.D. 284 SUPERINTENDENT SEARCH Item 8-B n Regular Ca ricll `IoetiAg 335 0mmilMeber Rolls stated she wants to be sure the residents bwolved are lnformr,d ot' the senior citizen determent policy and hot the opportunity to apply for it. Manager Millis stated he will see that they are notified and report back to the 0aweall. NOTION was sade by Camilmember dells, seconded by Cwtoilmomber Vaslliou, to adopt RESOLUTION NO. 85435 RELEVY OF OEFEMEO S. Notion carris0 on a Roll Call. vote, five ayes. Manager Millis stated this engineering report is the result of runott problems in the Bass Lake area. A meeting was held with the residents of Bass Lake and a study was undertaken. The reconmendatlon of the City Englneer is that the proposed isarovements be referred to the Special Assessment Committee because the project will cost an estimated $659000. The report states that any actual construction is a winter project, so a decision should be made quickly. NOTION was made by Councilmember Nells9 seconded by Counailmember Vastliou, to adopt RESOLUTION NO. 85436 ACCEPTING PRELININARY EMG,INEERING REPORT, BASS LAKE SANITATION POND - PR03ECT NO. 561. Notion carried on a Roll Call vote, five ayes. The meeting was adjourned at MOO a.m. City Clark 0 oV eeMMY r - _ • , RESOLUTION NOeftso 39 ASSESSNtWS Iter 8-C BASS LAKE POND PROXCT NO., 561 Item 8-D RESOLUTION W 85-936 BASS LAKE POFD PROJECT N0. 561 Item 8-D o 1