HomeMy WebLinkAboutCity Council Minutes 05-19-1986C
A vegulac
order by
Chambers
19, 1986.
N I N U T E S
REGULAR COUNCIL MEETING
NAY 19, 1986
meettng of the Plymouth City Council was called to
Mayor Schneider at 7:31 p.m. in the City Council
of the City Center at 3400 Plymouth Boulevard on May
PRESENT: Mayor Schneider, Councilmembers Vasiliou,
Zitur, and Sisk, Manager Willis, Assistant
Boyles, Public Works Director Moore, Planning
Tremere, Park Director Blank, Public Safety
Carlquist, Assistant Finance Director Hahn,
Attorney Thompson,
ABSENT: None
PROCLAMATION
Crain,
Manager
Director
Director
and City
Mayor Schnelder declared June as "Promote Rideshare Month" in
Plymouth reading a proclamation to that affect.
Mayor Schneider encouraged City-wide participation in the
Project Lifesaver Program designed to change driver behavior and
habits in hopes of reducing traffic fatalities.
CONSENT AGENDA
MOTION was made by Cuuncilmember Crain, seconded by Council -
member Zitur to adopt the Consent Agenda with the exceptions of
8-G, 6-I, and 9-G.
Notion carried on a Roll Call vote. Counci.lmember Zito"
abstained on Item 8-F
MINUTES
MOTION was made by Councitmember Crain, seconded by Council -
member Zitur, to adopt the minutes of the regular Council meet-
ing of May 5, 1986.
Motion carried on a Roll Call vote, five ayes.
0
PROCLAMATION -
RIDESHARE MONTH
Item 4 A
PR03ECT LIFESAVER
Item 4 0
CONSENT AGENDA
Item 5
MINUTES - REGULAR
MEETING OF MAY 5,
Item 6*
1986
Regular Council Meeting
May 19, 1986
Page 121
PUBLIC HEARINGS
Mayor Schneider announced that this public hearing is an assess-
ment hearing with respect to street lighting in the Tammie
Middlemist Addition. Notification for the hearing has been
provided in accordance with statute, including public notifi-
cation articles Iii newspapers, :nailed notices, and cable tele-
vision announcements. Fred Moore stated that the proposed
assessment hearing is for three street lights in the Tammie
Middlemist Addition. The project involves twenty-five lots at
the cost of $1.51 per month, per lot, which wil: be added to
sewer and water bills.
Mayor Schneider opened the public hearing at 7:44 p.m.
Mayor Schneider acknowledged
Bruce Weaver, 12790 - 49th i
Neby, 4925 Pineview Lane, both
proposed project,
having received blue cards from
venue North, and Terri Thompson
of whom expressed support for the
The public hearing was closed at 7:45 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION N0, 86-276 ADOPTING ASSESSMENTS,
TAMMIE MIDDLEMIST ADDITION - STREET LIGHTING.
Motion carried on a Roll Call vote, five ayes.
Mayor Schneider stated that this is an assessment hearing for
City Project 609 on 47th Avenue west of Tammie Middlemist
Addition. Fred Moore stated that the proposed improvement
includes streets, curbs and gutters, and sewer and water mains
for this area. The project has been ordered and the City
Council is holding an assessment hearing at this time pursuant
to State Statute. Costs are to be assessed to benefitting
properties over d ten year period. He outlined the appeals
process necessary for appealing special assessments.
The Mayor opened the public hearing at 7:48 p.m.
Mr. Ken Kesti, 13030 - 47th Avenue North, stated that he is
representing the church. He asked whether 47th Avenue which is
curved on current plans will be straightened. Fred Moore stated
that to save trees, the street will be realigned using
right-of-way granted by the church. Mr. Kest[ also asked about
the plans for the intersection of West Medicine Lake Drive and
47th Avenue North. Sherm Goldberg responded that this
intersection would have to be modified accordingly for
appropriate access and safety concerns. Mr. Kesti stated that
the congreyation of the church has pd5Sf"d a resolution
supporting the project.
PUBLIC HEARING -
SPECIAL ASSESSMENTS
STREET LIGHTING
TAMMIE MIDDLEMIST
ADDITION
RESOLUTION N0. 86-276
ADOPTING ASSE59KNM
STREET LICHTING
TAMMIE MIDDLEMIST ADD
PUBLIC HEARING
SPECIAL ASSESSMENTS
PROJECT 609
47TH AVE, WEST OF
TAMMIE MIDDLEMIST
Item 7-B
I
Regular Council Meeting
May 19, 1986
Page 122
Mr. Elmer Alagoki, 13025 - 47th Avenue North, questioned the
deferral procedures. Mayor Schneider clarified that all
deferred assessments continue to accrue interest. Fred Moore
advised that there will be no trunk or sanitary sewer avallahle
to the corner lot. As a result, assessments to this lot are
being deferr%:d.
Councilmetrber Sisk asked whether there would be a vacation of
easements with the realignment of the roadway. Fred Moore
stated that this could be done once the read is constructed or
when the parcel is split for development.
Mr. Wayne Stroman, 12925 - 47th Avenue North. submitted a letter
stating his objections to preserve his appeal right. He stated
that the nverall cost of the project is a burden to his
property. The proposed assessment is $16,577 on a parcel which
has been valued by the City at $61,000. Mr. Stroman expressed
uncern both about the total cost of the project as well as the
ncremental payments.
Mayor Schneider closed the public hearing .it 9:00 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 86-277 ADOPTING ASSCSSMENTS,
PROJECT NO, 6099 47TH AVENUE - WEST OF TAMMIE MIDDLEMIST
ADDITION.
Notion was withdrawn.
MOTION was made by Councilmember Crain, seconded
Councilmember Sisk, to table this item for one-half hour.
Motion carried.
by
Mayor Schneider stated this hearing is with respect to a
vacation of sight easement at Creekwood Hills 3rd Addition. The
public hearing was opened at 8:03 p.m.
No one chose to speak and the hearing was closed at 8:03 p.m.
MOTION was made by Councilmember Sisk,
Vasiliou, to adopt RESOLUTION NO.
VACATION OF SIGHT EASEMENT , LOT 249
3RD ADDITION,
seconded by Councilmember
86-280 AUTHORIZING THE
BLOCK 1, CREEKWOOD HILLS
Motion was carried on a Roll Call vote, five ayes.
Mayor Schneider announced that the public hearing was a petition
to vacate drainage and utility easements for Scoville Business
Park Addition.
The public hearing was opened at 8104 p.m.
No one chose to speak and the hearing was closed at 8:04 p.m.
PUBLIC HEARING -
SIGHT EASEMENT
VACATION
CREEKWOOD HILLS, 3RD
Item 7-C
RESOLUTION N0, 86-280
MATING SIGHT EX95 M
CREEKWOOD HILLS 3R,1
Item 7-C
PUBLIC HEARING -
UTILITY & DRAINAGE
EASEMENT VACATION
SCOVILLE BUSINESS PARK
Ttem 7-D
Regular Council Meeting
May 19, 1986
Page 123
MOTION was made by Councllmember Crain,
Councilmember Vasillou, to adopt RESOLUTION
AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY
SCOVILLE BUSINESS PARK ADDITION, LOT 2, BLOCK 1
r
U
Motion was carried on a Roll Call vote, five ayes.
seconded by
NO. 86-281
EASEMENTS IN
Mayor Schneider announced that a petition had been received to
vacate drainage and "I' y easements in the Plymouth Plaza 5th
Addition (Quaker Lane)
The public hearing was opened at 8:05 p.m.
No one chose to speak and the hearing was closed at 8:05 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 86-282 AUTHORIZING THE VACATION
OF DRAINAGE AND UTILITY EASEMENTS IN LOT 5, BLOCK 39 PLYMOUTH
PLAZA 5TH ADDITION
Motion was carried on a Roll Ca'l vote, five ayes.
Public Works Director Moore stated that this is a public
Improvement hearing regarding Bass Lake Plaza Area, City Project
011-001. Improvements include permanent streets, sewer and
water main south of County Road 10 and west of County Road 18.
He showed graphics of the sewer, water, street and storm sewer.
The overall cost of the project is $1.3 million and the proposed
assessment would be made or, a square footage basis to all
Industrial/commercial land.
Mayor Schneider opened the public hearing at 8:08 p.m.
Mr. ion Astleford, 1005 University Avenue S.E., Minneapolis,
Indicated that he objects to the cost of the project. He
believes the cost is three times what it should be and that his
estimated assessment is $593,000. He stated that there is an
existing agreement between Astleford and the City and asked
whether the City would comply with the agreement. Mayor
Schnelde, stated that the City would.
Mr. Astleford questioned the location of Nathan Lane and
expressed concern about the intersection which would bring the
road diagonally through Outlot D of their property. He stated
that since it is apparent that Nathan Lane cannot be extended
through railroad property, that he would propose termination of
the roadway where It is presently. He also expressed concern
about the land zoning and guiding. He stated that 10 or so
years ago, Astleford paved 56th Avenue. He questioned whether
the City would reimburse or share In the costs of that
Improvement. Mayor Schneider sated that It was his opinion
that the City would not. Public Works Director Moore stated
that he was not sure of the standard to improve the road, but
that they htive required substantial annual maintenance ever
since its t:onstruct lon.
RESOLUTION NO. 86-281
VACATINC DRAINAGE F—
UTILITY EASEMENTS
SCOVILLE BUSINESS PARK
ADD. Item 7-D
PUBLIC HEARING -
UTILITY & DRAINAGE
EASEMENT VACATION
PLYMOUTH PLAZA STH
Item 7-E
RESOLUTION NO. 86-282
UTILITY EASEMENTS
PLYMOUTH PLAZA 5TH ADD,
Item 7-E
PUBLIC HEARING -
STREET & UTILITY
IMPROVEMENTS
BASS LAKE PLAZA
Project 011-001
Item 7-F
is
0
v
Regular Council Meeting
May 19, 1986
Page 124
Stephen Poindexter, 33 South 6th Street, Minneapolis, stated
that the Pike Lake interceptor has been delayed. He questioned
what the final deal was with Tennant and asked whether these
costs were included in this project. Public Works Director
Moore said that none of those costs were part of this assessment
roll. Those costs are recovered through area charges.
Mr. Poindexter asked why properties on the servicst road are
being assessed higher. Fred Moore stated that all lane is being
assessed the same per square foot. He explained the awthod of
assessment. Mr. Poindexter asked if the area were large: then
presumably square footage costs would be smaller. Public Yorks
Director Moore stated that they may or may not be depending upon
the additional costs which would be incurred in extending the
Improvements to the larger area.
David Peterson, 5240 Cottonwood Lane, said that he should be
glad that the project is finally occurring since he has been
requesting it for many years. He is concerned, however, that
sewer is being stopped 1,000 feet short of his property. He
asked for, the reason for this. Public Works Director Moore
stated that the water main on County Road 10 would be completed
with the upgrading of County Road 10 in 1987. Mr. Peterson's
property could not be served until the Pike Lake interceptor
sewer was extended and this project completed. Both projects
are contained in the City's 1936 CIP. The next extension would
be to the Peterson property, howe%er that project is not in the
1986 CIP. Mayor Schneider asked why the City did not put the
two projects together. P011c Work il Director Moore stated the
City Council would have the option of doing this, but
engineering reports have not been completed for the project to
serve the Peterson property and to request such reports now
would unnecessarily delay the project ay: hand.
Mr. Peterson stated that he believes the staff has been draggioig
Its feet on the project and does not want the development on
this property. Manager Willis said that the Council could order
an improvement to serve the Peterson property by change order or
by another contract. He stated that it would be desirable to
see the owners to the immediate west develop as well. The City
Is not intending to play favorites by forcing improvements in
some areas and not others.
Councilmember Vasiliou stated that she does not believe Mr.
eterson is being treated respectfully. She wants to know what
the costs for serving the Peterson property would be.
Councilmember Crain stated that the procedure should to vote the
avrrent project up or down. If the project is approved, then a
determination would be made on the next sttsp. He does not
believe thit this project shnuld be held up unoecessartly.
Regular Council Meeting
May 19, 1996
Page 125
Councilmember Stsk questioned the method of assessment if the
is
project were to be expanded.
Manager Willis stated t
Council to order this
engineering report for
the Peterson property,
iat it would be most appropriate for the
project and then order a preliminary
the project to extend sewer westerly to
Mayor Schneider closed the public hearing at 6:35 p.m.
MOTION vas made by Councilmember Stsk, seconded by Councilmember RESOLUTION N0. "-283
Crain to adopt RESOLUTION N0,, 86-283 ORDERING IMPROVEMENT AND ORDERING PLANS
PREPkRATION OF PLANS AND SPECIFICATIONS, BASS LAKE PLAZA AREA, STREET & UTILITY IMP.
PROJECT N0. 011-001. BASS LAKE PLAZA AREA
Project No. 011-001
Mayor Schneider asked whether it was appropriate to vote on this Item 7-F
project without knowing the cost impact of adding the project to
the west to this project. Councilmember Crain indicated that
this hearing will not set assessment and that that question
should be addressed later. OrIly a preliminary report would
provide this information.
Motion carried on a Roll Call vote, four ayes. Councilmember
Vasiliou vuted nay.
MOTION was made by Councilmember Sisk, seconded by Councllmember RESOLUTION NO 86-283A
Zitur, to adopt RESOLUTION NO. 86-283A ORDERING THE PREPARATION ORDER PRELININVY
OF A PRELIMINARY REPORT AND ESTIMATES FOR SANITARY SEWER ENGINEERING REPORT FOR
IMPROVEMENTS FOR rROPERTY IMMEDIATELY WEST OF BASS LAKE PLAZA SANITARY SEWER TO SERVE
AREA, PETERSON PROPERTY
NOTION to amend was made by Councilmember Crain, seconded by
Councilmember Sisk, that the preliminary report include neces-
sary sewage improvements to serve the Peterson property and that
such engineering study be undertaken by Bonestroo, Anderlik and
Associates, and that a report be completed for receipt by the
City Council at the June 16, 1986 meeting.
Motion to amend approved, five ayes.
Main motion was approved on a Roll Call vote, five ayes.
MOTION was made by Councilmember Crain, seconded by Council- PUBLIC HEARING -
member Sisk, to take up Item 7-8, Assessment Hearing, 47th CONTINUATION -
Avenue west. of Tammie Middlimist, City Project 609, ASSESSMENT HEARING
47TH AVENUE WEST OF
Motion carried. TAMMIE MIDDLEMIST
ADDITION
Mayor Schneider questioned the Interest rate used for this
project. Public Works Director Moore stated that State law
allnws part payment of assessments.
Regular Council Meeting
May 19,, 1986
Page 126
Mr. Wayne Stroman indicated concern about project cost increase
from $12,000 quoted in 1985 to $16,000 now. Public Works
Director Moore stated that the original costs developed were
ballpark figures for improvements in Tamnie Middlemist
Addition. These earlier costs were much less formal and may not
have included the same amount of work. Cost increases have
occurred because of extra depth required for the sewer.
Councilmember SIs% asked why bids meren't solicited. Public
Works Director Moore stated that the project is being added as a
charile order because unit prices are not likely to be more
comp Aitive through. bid. Some costs have already been Incurred
for the project and are accruing interest.
MOTION was made by Councilmember
Crain, to adopt RESOLUTION NO.
PROJECT N0. 609, 47TH AVENUE
ADDITION.
Sisk, seconded by Council,nember
86-277 ADOPTING ASSESSMENTS,
WEST OF TAMMIE MIDDLEMIST
Motion carried no Roll Call vote,
Vasiliou voted nay.
MOTION was made
Counclimember Crain,
ASSESSMENTS, IROJECT
MIDDLEMIST ADDITION.
a
four ayes. Councilmember
by Councilmember Sisk,, seconded by
to adopt RESOLUTION NO. 86-278 ADOPTING
N04 649, 47TH AVENUE - WEST OF TAMMIE
Motion carried on a Roll Call vote, four ayes. Councilmemter
Vasiliou voted nay.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION N0, 86-279 DEFERRED ASSESSMENTS -
PROJECT 609, 47TH AVENUE - WEST OF TAMMIE MIDDLEMIST ADnITION.
Motion carried on a Roll Call vote, four ayes. Councilmember
Vasiliou voted nay.
The Council recessed from 8:58 p.m. to 902 p.m.
PETITIONS REQUESTS AND COMMUNICATIONS
Community Development Director Tremere that this is a request
for RPUD concept plan, preliminary plan and plat, conditional
use permit and variance for Ivy Park Development Corporation for
Ivy Park II. The Planning Commission reviewed this application
at a public hearing in November, 1985 and recommended approval
by unanimous vote. The City Council considered this Iter on
November 18 and it was deferred for preparation of an
Environmental Assessment Worksheet, The City Council gave the
developer direction with respect to numerous issues when the EAW
was approved in February, 1986. The revisions contained in the
current application are an attempt by the developer to be
RESOLUTION N8.-86477
AUrPTING
Pk'! ,_'t CT 609 - 47TH
AVS.- WEST OF TAMMIE
MIDULEMIST ADD,
Item 7-8
RESOLUTTION NO. 86.278
PhOJECT 609 - 47TH
AVE. - WEST OF TAMNIE
MIDDLEMIST ADD.
Item 7-8
RESOLUTION NO. 86.279
BEFSHLNG
PROJECT N0, 609
47TH AVENUE - WEST OF
TAMMIE MIDOLEMIST ADD.
Item 7-8
IVY PART II (RPUG 86-2;
PRELIMINARY PLAN/PLAT,
REZONING, CONDITIONAL
USE PERN:T .qT, VARIANCE
84057)
Item 8-A
f ,_
4
Regular Council Meeting
Hay 19, 1986
Page 127
responsive to the City Counzil's direction. Included with the
agenda item is a May 16 letter from the petitioner intended to
address the requirements. Staff believes that the developer has
been responsive to condition No. 26 by the recently received
vegeta';fon survey of endangered species. A letter has also been
received from a Mr. Cross, who is an attorney representing some
of the neighbors.
Public works Director Moore outlined the areas of concern by the
developer with respect to the 40 ft* easement question.
Couneilmember Vasillou questioned who the petitioner was.
Community Development Direccor Tremere stated that Ivy Park
Development represented by Kurt Laughinghouse was the designated
applicant. The application was signed by the fee owners of the
i.and. He explained the ownership interests in the property.
Mr. Kurt Laughinghouse, 8209 Pennsylvania Road, 81 4mington,
stated that he represents the ownership of the property. ohe
original proposal submitted in 1984 had natural area, but did
not include the 8 acres to the south. They are now back with
the natural area as originally proposed. He statod that this
project has received substantial scrutiny by the adjacent
property owners. He believes that the resolution with 27
conditions is very thorough. They have problems with six of the
27 requirements. Specifically, they are:
No. 2 - Removal of dead and dying trees. This should be
limited to diseased trees only.
No. 13 - Transitional screening and berming along the road.
Consideration should be given to the constraint that berming
can't be placed in DNR protected wetlands.
No. 22 - The location of the no qrading lt.ne. They agree to
the line, but not with an easement.
No. 24 - The 913.1 elevation established by the DNR. The line
Is reflected along the north edge of the property, but it does
not reasonably establish the 913.1 line in the crescent shape
pond.
No. 25 - The 40 ft. protective easement was a "compromise"
area set by the Council based upon DNR requirements and
neighborhood desires. In the ease of Lots 1 and 2, Block 5,
that line becomes much more than 40 ft., doesn't make sense,
and is superfluous.
No. 27 - The fence along the south edge of the property. It
will protect all trees which are over 2-1/2 inches in
diameter. He suggested that the haul road should be further
sough along the south border of the property.
0
14
Regular Council beet 'r .j
May 19, 1986
Page 126
Mr. John Cross, 3535 Bryant, Minneapolis, stated that he is an
attorney represer;ting the residents in the area. He reviewed
his letter and stated that items no. 3 and 4 affect Lots 1 and
2, ®lock S only. He wanted to assure that the entire area is to
be protected from development. Item ne. S relates the culvert
elevation. He stated that it is too low and should be the
City's responsibility to readjust it. Mayor Schneider clarified
that the culvert elevation was not the developer's
responsibility.
Item no. 6, the crescent -shape pond is the core of the
controversy. The pond should not be reduced in any fashion nor
should the nesting habitat be affected. Item no. 7 involves the
nature study. Mother endangered specie study should be
conducted since the recommendation from the State was that the
study be enmpleted in June and not earlier In the year.
Item no. 8: Lot 9, ®lock 2, should not be allowed to
developed. Item no. 9 should only allow for one haul road. The
old shed on the property should be removed by hand rather than
by heavy equipment. The 40 ft. protective easement allows for
too much free range to the developer to remove noxious weeds.
Mayor Schneider stated that the City's ordinance and the State
establissies a list of noxious weeds.
Mr. Laughinghouse stated that the Corps of Engineer permitting
is
process will take care of several of the concerns; the. plans
approved by the City for the grading will reflect the areas to
be protected.
Mr. John C. Almendinger, 402 South 6th Street, Stillwater,
stated that he conducted the inventory of the plant species on
the site ".n May. He identified various types of species, but
found that the areas that would be disrupted are not occupied by
endangered species. Otherwise the property contains some 45
different species. He stated that there is no single right time
to conduct such a survey and that valid inform Alon can be
obtained in May, June or July. He stated thot prior to
excavation, an additional study can be performed. He stated
that the vegetation along proposed haul roads is dominated by
weeds and does not involve endangered species.
Larry Luden, 4840 Union Terrace Lane, stated that he is con.
cerned that the City's specifications and requirements estab-
lished in November have not been followed. His group has been
working closely with the City Council and Planning Commission
only to find that the developer does not honor the specific
requirements of the Council and that they must therefore
reconsider requirements which have already been established.
Regular Council Meeting
Minty 19, 1486
Page 129
Leslie Eckholdt, 4820 Wellington Lane, expressed concern about
the area of the lots on the west side. She felt that nine lots
near her property are not an appropriate transition. Her lot is
a very large one. She would like to see three lots instead of
four on the most westerly portion to be compatible in density,
and four lots rather than five on the portion east of there.
She Is also concerned about the trees on the northwesterly lot,
which is precipitous and will require filling. She believes
that two haul reads are being considered because two developers
may be involved In the project.
Councilmember Crain stated that this is possible, but that the
developers would still be subject to the conditions of the plan
approval. Mayor Schneider also indicated that the City cannot
restrict the number of developers. He commented that the
density of this development is 1.85 dwelling units per acre,
which is actually less than allowed for the area surrounding the
Eckholdt property.
Councilmember Sisk expressed concern about the propcsed second
haul road. He believes it would be appropriate for only one
over the proposed water main area. Extensive discussion ensued
regarding the haul road locations.
MOTION was made by Councilmember Sisk, seconded by Counciimember RESOLUTION NO* 86-284
Crain, to adopt RESOLUTION NO. 86-284 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR IVY PARK DEVELOPMENT PLAN FOR IVY PARK DSV.
INCORPORATED FOR IVY PARK TWO (84057) IVY PARK TWO (84057)
Item 8-A
NOTION to amend the main motion was made by Mayor Schneider,
seconded by Councilmember Crain, to add a condition No. 6
stating: All common open space areas shall be deeded to the
Homeowners Association with the initial Final Plat.
Notion carried, five ayes.
Main motion as amended carried on a Roll Call vote, five ayes.
4011ON was made by Councllmember Sisk, seconded by Couivilmember RESOLUTION NO. -86-284A
Crain, to adopt RESOLUTION NO. 86-284A, APPROVING RESIDENTIAL APPRWING RPUDo .
PLANNED UNIT DEVELOPMENT, PRELIMINARY PL0/PLAT9 CONDITIONAL USE PLAN/PLAT, C.U.P. 8
PERMIT, AND VARIANCES FOR 13JRT LAUGHINGHOUSE, IVY PARK VARIANCES IVY PARK
DEVELOPMENT INCORPORATED, FOR IVY PARK TWO (RPUD 66-2) (84057)0 TWO (RPUD 86-2) (84057)
with an amendment to Condition No. 25, excluding Lots 1 and 2, Item 8-A
Block 5 from the protective easeme"ts.
MOTION was made by Councilmember Sisk, to revise erudition no.
27 to state that there %411 not be a haul road at the southerly
edge of the property and that the fence will be eliminated.
Notion died for lack of a second.
0
W,
Regular Council Meeting
may 19, 1986
Page 130
MOTION to amend the main motion was made by Councilmember Crain,
seconded by Councilmember Vasiliou, adding a condition stating
that, should the entire project be rough graded at the sama-!
time, that there shall only be one haul road on the northiwr?y
portion of the property. If grading takes place separately, :wo
haul roads w:il be allowed, per the submitted plans.
Extensive discussion ensued re.jarding the need for haul roads
and the grading procedures for the development.
Notion fai d, 4 -to -1. Councilmember Crain voted aye.
MO 1ON to amend the main grotto•, was made by layor Schneider,
seconded by Coun A lmember Sisk, to adu cond;tion no. 28 as
follows: Two haul roads are approved, with the sout'herly road
located as far south as possible avoiding as many trees as
possit!e; the City forester shall be directed to mark trees to
r)e saved to assure preservation during the excavation process
with the Forester's time to be at the developer's expense; and,
that the northerly h.:ut road be authorized in the licatlon shown
on the submitted plans.
Notion carried, four ayes. Councilmember Vasiliou voted nay.
MOTION to amend the main motion was made by Mayor Schneider,
seconded by Councilmember SISK, to revise cur;dition no. 27, to
read as follows: A fence shall be installed on both sides of
t1 e southerly haul road along the length of the road, and the
distance betweete the fey , shall be no greater than 20 pt.
Mutton carried, five ayes.
MOTION to amend the main motion
seconded by Councilmember +:rain,
Motion carr led, five ayes.
was made
to delete
by Mayor Schneider,
condition no. 24.
MOTION to amend the main motion was made by Mayor Srhneider,
seconded by Councitioember Crain, to amend condition No. 12 to
read as follows: Access shall be prohibited from Schmidt Lake
Road and limited to local roads, and driveway access from Lot 1,
Block 1, be as far as possible from Schmidt lake Read and access
from Lot 1, 81oe.k 3 be onto 491th Avenue.
Motion carried, five ayes.
MOTION to amend the stain mottan was
seconded by Councilmember Crain, to
adding ", adjac;ent to Lot 1, Block
shat: be peovided foi Saratoga Lane."
Notion carried, five ayes.
mdde by Mayor Schnetder,
revise condition no. 13 by
1 exae; sight distance
Js,
I
Regular Council Meeting
May 19, 1986
Page 131
MOTION to amend the main motion was made by Mayor Schneider,
seconded by Councilmember Crain, to add a new condition as
follows: All common r,pern space areas shall be deeded to to
Homeowner's Associatlor. with the initial final plat."
Motion carried,. five ryes.
MOTION to amend the main motion was made by Councilmember CraLn,
seconded by Counciimember Zitur, to substitute "prohibit" for
restrict" in cond'.tiun No. 22.
Notion carried, five ares.
Councilmember Cealn and Mayor Schneider reviewed the amendments
and noted that issues raised by the petitioner and by the
neighoors had been addressed.
Thle Mayor .asked that a copy of the petitioner's report on
endangered flan species be sent to the DNR for review.
Main motixt to adopt the Resolution No. 86-284A as amended
carried on a Roll Call vote, five ayes.
MUTTON was made by Councilmember Sisk, seconded by Councilmember ORDINANCE -NO. 86-10
Crain, to adopt ORDINANCE N0. 86-10 AN ORDINANCE AMENDING THE XREA51M ZURTRE W.
ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS EAST OF 48TH AVENUE (84057)
NORTH AND VALLYE FORGE LANE AS R -1A (LOW DENSITY SINGLE FAMILY Item 8-A
RESID''ENTIAL) DISTRICT.
Motl.on carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Sisk, seconded by Counclimember
Crain, to adopt RESOLUTION NO. 86-2848, SETTING CONDITIONS TO BE
M;:i PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED EAST
OF 48TH AVENUE NORTH AND VALLEY FORGE LANE (84057)
Motion carried on a Ru.11 Call vote, five ayes.
At 11121 p.m. the City Council recessed until 11:30 p.m.
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 86485 APPROVING
FINAL PLAT AND DEVELOPMIENT CONTRACT FOR LUNDGREN 13ROTHERS
CONSTRUCTION COMPANY FOR FOX RUN 3RD ADDITION (85077) (MPUD
83-1) .
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO: 86-2848
SETTING MR0111UNg'
REZONING LAND
84057)
Item 8-A
RESOLUTION NA. 86-285
DEVELOPMENT CONTRACT
FOX RUN 3RD (85077)
MPUD 83-1)
Item 8-B*
MOTION was made by Councllmember Crain, seconded by RESOLLITION-NO. 86486
rouncllmember Zitur, to adopt RESOLUTION NO. 86486 SETTING RUM CONDITIONg"
CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL FINAL PIAT
PLAT FOR FOX RUN 3RD ADDITION FOR LUNDGREN BROTHERS CONSTRUCTION (85077)
COMPANY ( 85077) . Item 8--8*
Motion oareled on a Roll Call vote, five ayes.
Regular Council Meeting
May 19, 1986
Page 132
MOTION was
Councilmember
ASSESSMENTS,
FO' RUN 3RD
made by
Zitur, to
PROJECT N0,
ADDIT'ON,
Councilmember Crain, seconded by
adopt RESOLUTION NO. 86-287 ADOPTING
614, SANITARY SEWER AND WATERMAIN AREA
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 86-288 APPROVING
SITE PLAN AND CONDITIONAL USE PERMIT FOR AN OFFICE BUILDING FOR
WELSH CONSTRUCTION COMPANY (86030).
Motion carried on a Roll Call vote, five ayes.
James Peterson asked whether condition no. 15 would require that
the building be torn down. Manager Willis stated that this
condition is Intended to advise any future owner to understand
that, in the event of roadway improvement and widening of
Vicksburg Lane, the road could be within 8 feet of the
residence.
Mr. Peterson was advised that the house is now non -conforming
and that status will continue.
MOTION was made
Councilmember Crain,
PRELIMINARY PLAT AND
FOR WILLOWOOD NORTH
by Councilmember Vas iliou, seconded, by
to adopt RESOLUTION NO, 86••289 APPROVING
VARIANCE FOR JAMES C. PETERSON & ASSOCIATES
86033).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
Councilmember Crain, to adopt ORDINANCE NO. 86-11
ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS OF RPUD
EAST OF VICKSBURG LANE AT 48TH AND 49TH AVENUES
VICKSBURG LANE) TO R -1A (LOW DENSITY SINGLE FAMILY
DISTRICT.
Motion carried on a Roll Call vote, five ayes.
MOTION was made t
Councilmember Crain,
CONDITIONS TO BE MET
LAND LOCATED EAST OF
NORTH (4830 VICKSBURG
seconded by
AMENDING THE
84-4 LOCATED
NORTH (4830
RESIDENTIAL)
y Councilmember Vasiliou, seconded by
to adopt RESOLUTION NO, 86-290 SETTING
PRIOR TO PUBLICATION OF ORDINANCE REZONING
VICKSBURG LANE AT 48TH AND 49TH AVENUES
LANE) (86033).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember
Councilmember Zitur, to adopt RESOLUTION
REDUCTION OF SITE. PERFORMANCE GUARANTEE
C. EDWARD SHEEHY (85092).
Crain, seconded by
N0. 86-291 AUTHORIZING
FOR OAKLAND PROPERTY,
Mottoit carried on a Roll Call vote, five ayes.
RESOLUTION N0, 86-287
SAN. SEWER & WATERMAIN
PROJECT NO. 614
Item 8-B*
RESOLUTION N0: 86-288
XMSW PLAN
C.U.P. (86030)
Item 8-C*
WILLOWOOD NORTH
Item 8-D
RESOLUTION N0. 86-289
14C PRELIVT M,
VARIOICE - WILLOWOOD
NORTH (86033)
Item 8-D
ORDINANCE N0. 86-11
RPUD 84-4 (86033)
Item 8-D
RESOLUTION N0. 86-290
SETTING MRUITIM'
86033)
Item 8-D
RESOLUTION NO. 86-291
MANCE GUARANTEE
OAKLAND PROPERTIES
85092)
Item 8-E*
I
Regular Council Meeting
May 199 1986
Page 133
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 86-292 REVISION OF
SPECIAL ASSESSMENTS, LEVY N0, 9(939 10052 AND 10053.
Motion carried on a Roll Ca..l vote, four ayes. Councilmember
Zitur abstained.
Councilmember Vasiliou asked whether lien waivers have been
filed against Burchville Construction for non-payreent of bills.
She stated that this is the kind of information the City Council
needs In order to know whether vendors should be denitti or
allowed City business. Mayor Schneider said that the retainer
sh)uld not be cut from 5% to 2-1/2%.
MOTION was made by Mayor Schneider, seconded by Councilmember
Vasiliou to adopt RESOLUTION NO. 86-293, DENYING REDUCTION OF
RETAINAGE.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 86-294 REDUCING
DEVELOPMENT BOND PARKERS LAKE FARM SECOND ADDITION (86013).
Motion carried on a Roll Call vote, five ayes.
Councilmember Vasiliou asked whether
to accommodate the bike trail were
Director Moore stated that it wil
parkinq will be regulated by signage,
or not the proposed changes
In writing. Public Works
be In writing and that
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to .1dopt RESOLUTION NO. 86-295 APPROVING PLANS AND
SPECIFICATIONS STATE PROJECT 2737-139 15, HIGHWAY 101
IMPHOVEMF:lS, CITY PROJECT N0. 413.
Mott^n carried on a Roll Call vote, four ayes. Councilmember
Vasiliou voted nay.
Councilmember Crain stated that only economic arguments were
given to support the variance to Northern States Power Company
from Plymouth's underground utility ordinance. As he
understands, economic basis are not the grounds for a variance
under the ordinance.
Larry Benson, Northern States
expediency are the two ma.ln
Overhead relocation would be
ground will cost $50,000.
City Attorney Thompson stated
this matter prior to the City
the permit so that the
ramifications of Its dexnLal,
Power, stated that economics and
reasons for the this request.
5,000 to $7,000, while below
that he
Council
Council
would l Ike to Investigate
taking any action to deny
will be aware of any
RESOLUTION N0. 86-292
REVISION OF -1SSM T
LEVY 96939 10052 &
10053
Item 8-F•
RESOLUTION N0, 86-293
RETAINAGE, PROJECT
427
Item 8-C
RESOLUTION N0, 86-294
A .BONU
PARKERS LAKE FARM 2ND
86013)
Item 8 -HM
RESOLUTION N0, 86-295
APPROVING PLANS & C.
HWY 101 IMPROVEMENTS
CITY PROJECT 413
Item 8-1
NORTHERN STATES POWER
COMPANY - VARIANCE
REQUEST - UNDERGROUND
UTILITY ORDINANCE
Item 8-J
llSll
Regular Council Meeting
May 19, 1986
Page 134
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to table this Item until the June 2
meeting,
Motion carried.
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 86-296 DECLARING
ADEQUACY OF PETITION AND ORDt=RING PREPARATION OF REPORT, STREET
LIGHTING - WINDEMERE DRIVE A\ID GLEARLOCH 2ND ADDITION.
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Courcilmember Crain, seconded by
Councilmember Zitur„ to adopt RESOLUTION NO. 86-297 ACCEPTING
WORK - FORSTER SANITARY SEWER IMPROVEMENT.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION N0, 86-298 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING APRIL 309 1986.
Motion carried on a Roll Call vote, five ayes.
REPORTS OF OFFICERS, BOARDS AND C%1MISSIONS
Councilmember Sisk asked that the proposed meeting with respect
to bikeway improvements on County Road 15 be scheduled for the
June 23 meeting, inste:ld of the June 9 meeting. He also
suggested that public hearing for renaming of old Coonty Road 15
be conducted on the same night. The Council concurred with this
recommendation. The staff will make the necessary arra igements
for notifications,
Councilmember Crain questioned the $6,000 City charge for
on -sale liquor.
NOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to revise Ordinance No. 86-12 to provide
for a $7,000 on -sale liquor license.
Motion carried, four ayes. Councilmember Vasiliou voted nay.
MOTION was made by Councilmember Zitur, seconded by Mayor
Schneider, to revise the wine license to $2,000.
Councilmember Crain expressed concern that the wine license does
not create substantial police enforcement problems.
0
RESOLUTION 140. 86-296
MW&"Lw "&VV" I
STREET LIGHTING
WINDEMERE DRIVE 8
GLEANLOCH 2ND ADD.
Item 8-K*
RESOLUTION N0. 86-297
ACCEPTING WORK -
FORSTER SAN. SEWER
Item 8-L*
RESOLUTION N0. 86-298
Item 8-M*
CTY, ROAD 15 BIKEWAY
Item 9-A
LICENSE 8 PERMIT FEES
Item 9-B
11bil
Regular Council. Meeting
Nay 19, 1986
Page 135
MOTION to amend was made by Mayor Schneider, seconded by
Councilmember Crain, to revise the wine license to $1,750.
Motion carried on a Rcll Call vote, three ayes. Councilmembers
Vasiliou and Zitur voted nay.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Zitur, to revise the set-up license to $200, but
to retain nog: -profit set-up licenses at $11.00.
Motion carried, three ayes. Councilmembers Vasiliou and Sisk
voted nay.
Staff was directed to contact the West Medic!re Lake Community
Club indicating that the Council is considering an Increa:-e this
license rate for non-profit consumption and display license.
MOTION was made by Councilmember Crain, seconded by
Councilmember Sisk, to adopt ORDINANCE NO. 86-12 AN ORDINANCE
RELATING TO LICENSE FEES; PERMIT FEES AND OTHER FEES AND
CHARGES; AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 101.01,
1015.071 1015.11, 1015.139 1015.17, 1015.19, 1015.23 AND 1015.27
as amended.
Motion carried on a Roll Call vote, five ayes.
Manager Willis explained that he was seeking to formalize a
method of assuring that the staff would know when the Council
desired information on a specific subject. He recommended that
such requests be made through formal motion if brought up at
Council meetings, so that they can be Included In the minutes.
Discussion ensued with respect to the amount of formality
required to assure requests for information are followed up.
Councilmember Vasiliou expressed concern about having to clear
all of her requests with the remainder of the Council. She
stated that if she needs information to conduct her job, she is
not going to seek approval by the Council to do it.
Councilmember Crain explained that he shares Councilmember
Vasillou's concerns and he would hope that if there Is a burden
created by requests for Information, that the Manager would
advise the Council.
Manager Willis stated that it was not so much a question of
workload or timing, as one of assuring that staff would be
accountable for providing information that the Council desired.
There was a consensus that requests for information requiring
research be made in writing or have such requests converted to
writing by phoning into the Manager's secretary or the City
Clerk.
The Council directed that Counclimembers Sisk and Crain work
with Manager Willis to incorporate 4 Council direction process
In the Manager's performance appraisal process for 1986-87.
ORDINANCE 40.X6.12
AMENDING 'L?CEINtSE'r ES,
PERMIT FEES & OTHER
FEES
Item 9-8
COUNCIL DIRECTIVES TO
STAFF
Item 9-C
S
Regular Council Meeting
May 19, 1986
Page 136
is The City Council reviewed the proposed guidelines for requesting
City contributions to playground improvements.
MOTION was made
Crain to adopt
GUIDELINES FOR
IMPROVEMENTS.
Motion carried
Vasiliou voted
by Councilmember Sisk, seconded by Councilmember
RESOLUTION HO, 86-2990 A RESOLUTION APPROVING
REQUESTING CITY CONTRIBUTIONS TO PLAYGROUND
on a Roll Call vote, four ayes.
nay.
Public Safety Director Carlquist reviewed
recommendation on Phase One activi`-Aas avid costs.
Vasiliou asked what Fire Chief Robinson's role has
Station No. 3. Fire Chief Robinson suited that
primarily involved in staffing up for the
Identifying the approximate location.
Councilmember Vasillou asked Mr. Boarman about
the site. Mr. Boarman outlined various rating
be included in the evaluation. Councilmember
direct costs are likely to be. Mr. 13oarman
not likely exceed $500.
MOTION was made by
Councilmember Zitur, to
THE CITY TO ENTER INTO
COMPLETE PHASE ONE NEED
Councilmember
adopt RESOLUTION
A CONTRACT WITH
ANALYSIS FOR FIRE
Councilmember
the Boarman
Councilmember
been in Fire
he has been
station and
his priorities in
areas which would
C* - :in asked what
stated they would
Crain, seconded by
NC. 86-300 AUTHORIZI14
BOARMAN ARCHITECTS TO
STATION N0, 3.
Motion carried on a Roll Call vote, five ayes.
Public Works Director Moore Introduced the purpose of the
Pavement Management Program and indicated that
Short -Elliott -Hendrickson, Inc. would undertake the program for
the City. Through using the program, the City would better be
able to identify those streets which require major improvement
and minor improvement, and plan accordingly for their repair and
maintenance.
MOTION was made by Councilmember Zitur, seconcded by
Councilmember Crain, to adopt RESOLUTION NO. 86-301 AUTHORIZING
THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT WITH
SNORT-ELLIOTT-HENDRICKSON, INC. TO CONDUCT A PAVEMENT MANAGEMENT
STUDY IN ACCORDANCE WITH OPTION 2 AS OUTLINED IN THEIR PROPOSAL
DATED MAY 1, 1986.
Motion carried on a Roll Call vote, five dyes.
U
RESOLUTION N0. 86-299
CITY CONTRIEUTIONS TO
PLAYGROUND TiP':OVEMTS
Item 9-D
FIRE STATION 11.1 !LEEDS
ANALYSIS PROPOSAL
Item 9-E
RESOLUTION N0. 86-300
FIRE STATION MOe 3
NEED ANALYSIS COMTRICT
Item 9-E
RESOLUTION N0. 86-301
AUTHORIZING - `VEWNT
MANAGEMENT STUDY
CONTRACT
Item 9-F
is
r
Regular Council Meeting
May 19, 1986
Page 137
Cauncilmember Vasillou expressed concern that the settlement
with respect to the Gordor Bluhm property is a 50% reduction in
special assessments. Public Works Director Moore stated that
this appeal has been pending since 1980, and it appeared to be a
fair settlement to both the City and the property owner. City
Attorney Thompson stated that the property was appraised and the
appraisal justified a special benefit of approximately $3,800.
NOTION was made by Councilmember Crain, seconded by
Couiicilmember Zitur, to adopt RESOLUTION NO. 86-302 REDUCTION OF
SPECIAL ASSESSMENTS, LEVY N0, 7651.
Notion carried on a Roll Call vote, five ayes,
NOTION was made by Counctime aber Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 86-303 AUTHORIZING
SUBMISSION OF CITY OF PLYMOUTH GRANT APPLICATION FOR YEAR XII TO
HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN ACCORD WITH THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 86-304, A RESOLUTION DETERMi-N,ING
CITY MANAGER PERFORMANCE AND PERFORMANCE BONUS, with the
addition that the Manager's performance meets expectations and
that he Is entitled to 95% of the performance incentivN bonus.
Councilmember Vasiliou stated that she has had difficulty
getting information and that her vote was for no bonus.
Nntion tarried on a Roll Call vote, four ayes. Councilmember.
Vasillou voted nay.
Public Works Director Moore Indicated that he has received all
paperwork from Beeiman for the solid waste recycling program,
but that he believes that Beerman would Ilk&. to get out of the
contract. He has received quotations from a firm which
operatges under the acronym of WASP. They are willing tc take
over the 9eerman contract at the same price, ext pt that any
collection in excess of 80 tons per months would require extra
City contribution, If the Council desires, he will. work in this
direction. the City Attorney's office kill assist In this
effort.
MOTION war made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION N0, 86-305A, A
RESOLUTION REVISING AGREEMENT FOR RECYCLING SERVICES.
Motion carried on a Noll Call vote, five ayes.
R SPECIAF
REESOL NO, 86-302
ASSESSMENTS, LEVY 7651
Item 9-G
RESOLUTION N0. 86-303
APPROVING YEAR X1
COMM, DEV. BLOCK GRANT
FUNDING 6 PROGRAMS
Itan 9-H*
RESOLUTION N0. 86-304
PERFORMANCE REVIEW
Item 9-I
RECYCLING
Item 9-3
STATUS REPORT
RESOLUTION N0. 86-305A
RECYCLING SERVICES
Item 9-3
0
Regular Cauncil Meeting
May 19, 1966
Page 138
The Council reviewed
Report. Councilmember
location of the f l.11
reported on the f i 11.
OTHER ITEMS
the Public Works Improvement Status
Vaslliou asked abo:at Project 534 and the
Dick Pouliot, Project Coordinator,
Mayor Schneider stated that he would like tc; schedule on June 9
at 7:30 p.m. a meeting for property owners living adjacent to
new County Road 9. The Council a%ked that property owners along
old Cour:ty Road 9 north to include all of Westridge and west to
Sagamore be advised of the meeting.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, requesting City staff to prepare a report on 40th Avenue
North with respect to the break-up caused by the contractor.
The report should address whe.:her there was an agreement with
the contractor to allow him to operate during road restrictions,
Including the nrovisions of tha16- aareement. The report should
also be responsive to whether per-ei is or tags were issued, aid
how telephone calls from the public were handled on this
matter.
Motion .tarried.
Mayor Schneider reminded Councilmembers tiNdt June 9 will also be
the night for the ONR meeting at 6:30 p.m.
Manager Willis gave the Council an update on the Groves Office
Park development. He asked for City Council concurrence on the
staff proposed handling of the EAW. He also talked about the
Stragar-Roscoe study regarding the intersectlon of the service
road on Highway 550 The Council concurred with the Manager's
recommendations.
The meeting was adjourned at t:13 a.m.
PUBLIC & CAPITAL
IMPROVEMENT STATUS
REPORT
Item 9-K
COUNTY ROAD
MEETING
9 IhFOR .
REQUEST FOR REPORT
ON 40TH AVENUE
GROVES OFFICE PARK