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