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HomeMy WebLinkAboutCity Council Minutes 08-15-19774 lags 1 t4 MINUTES REGULAR COUNCIL MEETING August 15. 1977 A regu:ir meeting of the Plymouth City Council was called to order by Mayor Hilda at 7:30 ;% m. in the Council Chambers of the Public Works Building, 14900, Twenty- third Avalue North on August 15. 1971. PRESENT: Atyor Hilde. Councilmen Hunt, Neils, Seibold snd Spaeth, Nonagier Willis. Planner Dillerud. Engineer Goldberg, Adainistrative Assistant 'Boyles and Attorney Glen Purdue. ABSENT: bone. NOTION was made by Councilman Seibold, seconded by Councilman Hunt, to approve the minutes of the July 25 special Council meeting with the following corrections: Page 144., Item S -F-1 - Strike the words "funding of the project" and substitute the words 11purchase oft the land for trail park purposes as called out in our Compt-ahensive Plan and the Hennepin County Trail System Plan." Page 145, item 5-1. Paragraph 5 - Add the word "approximately" before the figure $27,000. Page 146, Item 6-A, Paragraph 9 - Strike the word ''0r= gore Councilman. Motion carried. five ayes. PETITIONS. REQUESTS AND COMMUNICATIONS (AUGUST 1 AGENDAi Brent Pp`vis, attorney for petitioner, stated he had nothing to ado to their original statement made at the July 11 Council meeting. MOTION was made by Councilman Spaeth, seconded by Councilman Hurt, to adopt RESOLUTION NO. 77-372, A RESOLUTION AFFIRMING THt DECISION OF THE BOARD OF ZONING ADJUSTMENT ON VARIANCE REQUESTS OF GERRY FRASE R FOR LOT 16, BLOCK I AND LOT 16, BLOCK 4 PARKER'S LAKESIDE SECOND ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION wds made by Councilman Neilso seconded by C" Ift. rilman Runt, to adopt RESOLUTION NO. 77-373, A RESOLUTION A00PTtNG ASSESSMENT FOR GREER'S ORCHARD TRACTS FOR PREVIOUSLY IN- STALLED SEWER AND WATER LATERALS, SANITARY SEWER TRUNK FACI- LITIES AND WATER TRUNK MAIN PUMPING AND STORAGE FACILITIES. Motion carried on a Roll Call vote, Five ayes. 150- MINUTES - SPECIAL COUNCIL MEETING JULY 25, 1977 Item 4 RESJl1'TION NO, 77-372 ATFT ZONING DECISION ON VARIAKE REQUESTS PAr,ZKER' S LAKESIDE 2ND ADUN. - GERRY FRASER Item 5-A (8/1 AGENDA) RES01 JTION NO. 77-313 GRIEER' S ORCHARD TRAC tS Item 5-B 6/1 AGENDA) Regular Council Meeting ANSust 15, 1977 Page 151 NOTION was by Councilman hunt, setondti.d by Councilman RESOLUTION W. 77-374 Spaeth, to adopt RESOLU71ON NO, 77-3i4, A RESOLUTION U APPROVING LOT MVISION FOR EXISTING PLATTED LOTS FOR DILLARD HEHR (A-751) DILLARD M, HEHR (A-751). Item S -C NO AGENDA) Notion carrieti on a Roll Call vote. five ayts. NOTION was Neilso to made by Councilman adopt RESOLUTION N0, Hunt, seconded by Cr-uncilman 77-3752 A RESOLUM)OR SETTING RESOLUTION NO. 77-37S MYTRs. - 11NiTYYWO CONDITIONS DILLARD Me TO 8E MET PRIOR TO HEHR WITH HENNEPIN RECORDING OF LOT DIVISION FOR COUNTY (A-751) adding Item 4 LOT blisSIZIN, tir* DILLARD HEHR (4-751) requiring that cennectl on charges `or utilitieti be collected at the time of issuinn h+a+.-? ""its. Item 5•C (8/1 AGENDA) Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Seibold, seconded by Councilman RESOLUTION NO. 77-37 Punt, to adopt RESOLUTION N0, 77-3769 A RESOLUTION DECLARING A"= 'ETIbt% ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR ORDER14G REPORT FOR STREET LIGHTING FOR PALMER CREEK ESTATES 2ND ADDITION, STREET LIGHTS - PALMER CREEK ESTATES 3ND ADDN. Motion carried on a Rill Call vote. Coun:ilman Neils Item 5-0 (8/1 AGENDA) abstained. There was a discussion of the petition from residents along VICKSBURG LANE SPEED Vicksburg lane from County Ruad 9 to County Road 47 to reduce LIMIT REDUCTION REQUEST the speed 'limit from 40 m.p.h. to 30 m,p,h. Council discussed Item 5--E (8/1 AGENDA) the implications of setting a 30 m.p.h. speed limit on a designated thoroughfare and the additional enforcement that would be required to enforce this lower speed limit. MOTION was made by Councilman Neils, seconded by Councilman Hunt, to approve a speed limit reduction on Vicksburg Lana from County Road 9 to County Road 47 from 40 m,p.h, to 30 m.p.h. Motion failed, two ayes. Mayor Hilde, Councilmen Seibold and Spaeth voted nay. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to direct staff to analyze the speed limit signs in place on Vicksburg Lane and add signs where necessary and ask the Police Department to patrol t!:e arPa for spot check`.ng. Motion carried, five ayes, MOTION was made by Councilman Spaeth, seconded by Councilman RESOLUTION NO., 7:-371 Neils, to adopt RESOLUTION NO. 77-377, A RESOLUTION REDUCING EO NT DEVELOPMENT BOND FOR MEADOWLAIIIN ESTATES 5TH ADDITION TO BOND-MEAD019LAIIN ESTATES 25,000, 5TH ADD: l 1ON Item 5-F-1 (8;1 AGFNIA ) Motion carried on a Roll Call vote, five ayes, 151- Regular 10. f._Il Meeting August 1S. 1977 Page 152 . NOTION was made by Councilman Spaeth, seco'ft.led by Councilman Hunts to +tdopt RESOLUTION NO. ?7-378, A RESOLUTION RELEASIRG 90ND AND APPROVING AMENDED SITE PLAN FOR LAN07ECH WNAGEMEN7 CORPORATION FOR THE PLACE APARTMENTS (A-114). notion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NJ. 77479, A RESOLUTION APPROVING REDUCTION OF DEVELOPMENT BOND FOR GlE_ANLOCH ACRES TO $0.00. Motion carried on d Roll Call vote, four ayes. Councilman Nei 1 s voted nay. MOTION was made by Councilwaa Neils. seconded by Co;jncilman Spaeth, to adopt RESOLUTICA NO. 77-3809 A RESOLUTION APPROVING CHANGE ORDER NO, 2 IN THE AMOUNT OF $6,878,00 TO BEATSON b KFLLY CONTRRCTORS, INC. FOR PROJECT NO, 116, PONDERS}SA POND. Motion carried on a Roll Call vote, five ayeo. MOTION was ma4e by Councl'inan Hunt, so::u! 4-zd h. Councilman Neils, to adopt RESOLUTION NOe 7' 381, A RESOLUTION APPkOVING CHANGE ORDER N04 1 Iu THE AMOUlST OF $2,O1 u.9S 't0 BUF.Y b CARLSON 9 INC, FOR PROJECTS 612 AND 706, LARCH LANE AND 49TH AVENUE STREET IMPROVEMENTS. Notion carried on a Roll Call vote, fi%e ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-382, A RESOLUTION APPROVING ON -SALE NON-IWTOVICATING MALT LIQUOR LICENSE TO MC QUAY- PERFEX TO BE USED IN CONJUNCTION WITH ?4MSIC 1N PLYMOUTH, Mioti,5n carried on a Roll Call vete, five ayes. REPORTS OF OFFdCERS, BOARDS AND WN (AUGUST 1 AGENDA) MOTION was made by Ccuncilmin Hunt, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-383, A RESOLUTION ACCEPTING 1976 FINANCIAL REPORT AND AUDIT, Mct-lon carried on a Rall Call vote, five lyes. RESOLUTION NO. 77-378 RELEASINGBOND AND AMENDING SGTE (PLAN LANOTECH MST, CORP. THE PLACE 07S, (A414) Item 544 (8jl AGENDA) 77- GLEANLOCH ACRES' -(A-176) Item 54-3 (8/1 AGENDA) RESOLUTION N0. 7 x380 APPS iGis 1 TAM PONDEROSA POND, PROJECT NO. 116 Item 5-G-1 (8/1 AGENDA) RESOLUTION NO, 77-381 OPhwI ?-NR(VG ORDE R LARCH LANE X 49TH AVE, STREET IMPROVEMFNT PROJECTS 612 6 706 Item 5-G-2 8/1 AGENDA) RESOLUTION NO. 77-382 APPROVING G4 -IU MALT LIQUOR LICENSE MC QUAY-PERFEX FOR MUSIC IN PLYMOUTH Item 5-H (8/1 AGENDA) RESOLUTION NO. 77-383 REPORT AND AUr1IT Item 6-A AGENDA) MOTION was vn do by Councilman Neils, seconded by Councilman RESOLUTION NO. 77-384 Hunt. tG adopt RESOLUTION NO. 77-384, A RESOLUTION AUTHORIZING AUTRORIZI G PAYMERT PAYMENT TO MOEN S PENTILLA FOR THE 1976 AUDIT A SUM OF $14,173,55.FOR 1976 AUDIT Item 6-A (8/1 AGENDA) Motion carried on a Roll Call vote, five ayes. 152- a PalW ar Council Meeting Aurist 15. 1977 P#P IP I Manager Lillis reviewed staff's reeoaeaendations for the sale or conveyance of tax 11orfeil parcels. MOTION Mas: made tj CiAscilaian Neils, seconded by Councilman hunt, to adopt RESOLUTION NO, 77-385, A RESOLUTION REQUESTING THE CONVEYANCE OF THE -'y.LOMINb TAX MRFEIT PARCELS TO THE CITY OF PLM014, FOR DEDICATION FOR PUBLIC USE: PLAT PARCEL 43726 4630 43733 0400 43892 6100 44500 5000 44520 0150 445.41 5500 44!t; ; 6010 Notion carried on a Roll Call vote, fine ayes. 40TION was made by CountA lman Neils, seconded by Councilman Hunt, to adopt RESOLUTION NO. 11-3866 A RESOLUTION AUTHORIZING THE PUBLIC SALE OF THE FOLLOWING TAX FORFEIT PARCELS FOR NONPAYMENT OF 1968 OR 1969 REAL ESTATE TAXES: PLAT PARCEL 44040 0600 44040 0800 44040 0900 44195 0406 44520 0200 44520 SO 44520 7400 44520 0600 44520 0650 44520 0700 Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS (AUGUST 15 AGENDA) MOTION Was made by Counc-lman Neils, seconded by Councilman Spaeth, to adopt RESOLUTION N0, 77-387, A RESOLUTION APPROVING PRELIMINARY PLAT OF TIMBER CREEK FOR SARATOGA DEVELOPMENT A-139) amendin3 resolutlun by changing Item 3 to read Dedication of Outlot C cs a street right-of-way." Motion carried on a Roll Call vote, five ayo,-, 153- RESOLUTION N0. 77-385 R[QWSTIW=[VW OF TAX FORFEIT PARCELS Item 64 (8/1 .AGENDA) RESOLUTION NC. 71m33866 r)1.1 .7n4E TAX FORFEIT PAACELS Item 6-8 (8!1 AGENDA) RESOLUUTION N0, 71-38! A i WTI N_ _ PLAT - TIMBER LkVEK SARATOGA OEVELOPMW A-739) !tem 2-A-1 Re jular. Council Meeting ust 15Q. 1977 Paget 154 Plai„!er Dillerud reviewed the Planning Commission's recove ncPa- tion for the rerouting of 26th Avenue North. Council discussed alternate ,alignments for 26th Avenue North and its intersection; with Highway r.5 and County Road 61. Council suggested that staff reconsider the concept of the Thoroughfare Guide Plan, involving the cornett!an of 26th Avenue North to the highway 55 North service rAd and the interchange of these combined roads es`h future i.ounty Road 61, specifically, by st;b5 i 4u6,,9 0e continuation of 26th Avenue North westerly beyopd tht Vision of Glory Church to intersect with Highway 55 Pzrth service road rather than accost plashing such interconnee:lon east of the church. NOTION was made ty Councilman Hunt, secancied by Councilman Spaeth, to adopt RESOLUTION NO. 77-3989 A RESOLUTION APPROVING PRE;1MINA0 PIAT FOR PLYMOUTH CREEKVIEW 2P!D ADDITION FOR CAPL,3ON PROPERTIES (A-1991) amending resolution by striking item 5, changing Item 6 to Item 5 and adding a new Iter 6 requiring that prior to submission of then final plat a study be made of a new alignment for the intersection of 26th Avenue with County Road fil . Motion carried an a Roll Cali vote, five ,ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to direct, staff to consider the recommendation; :Wade by Council -in redesignin;I the intersection of 26th Avenue North with County Road 61; and to provide a report on the kinds of remnants that would rosult from this redesigned plan. Notion carried, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt ORDINANCE NO. 77-17, AN ORDINANCE AMENDING THE WtING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECT',"V 271 TOWNSHIP 1189 RANGE 22 AS R-2 (TIDO FAMILY RESIDENCE DISTRICT) FOR PYMOUTH I:REEKVTEW 211D ADDITION. Motion carried on a Roll Call vote, four ayes. Councilman Neils voted nay. STIR was made by Councilman Neils, seconded by Councilman Spaeth, to direct that action on the final plat and development contract for Plymouth Creekview 2nd Addition be deferred ut+ti 1 Pk„incil reviews the revised preliminary plans for the inter- sectio of 26th Avenue with the Highway 55 service drive and County Road a1. Motion carrieJ, five ayes. 154- i RESOLUTION NO. 77-388 PLAT -PLYMOUTH CREEKVIEW 2ND A6DN. (A-199) Item 2-A-2 L ORDINANCE NO. 77-17 AMENDING" G ORDINANCE FOR PLVMOUTH CREEKVIEW 2ND ADDITION Item 2-A-2 f r u Regular Council Meeting August 159 1911 Page 155 NOTION was made by Councilman Seibold, seconded by Councilman Runt, to adopt RESOLUTION N0, 77-389.. A RESOLUTION APPROVING PRELIMINARY PLAT FOR CKNEY INDUSTRIAL PARK FOR CNENY. INC. A-750). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to adopt ORDINAXE NO. 71-16, AN ORDINANCE AMENDING THE PONI'tG ORDINANCE TO CLASSIFY f.ERVA,IN LANDS LOCATED IN SECTION 21. 1`00SHIP 118. RNIGE 22 AS I-1 (PLAf64EO INDUSTRIAL) FOR CHENEY INDUSI"IAL. PARK. (A-750. Notion carried on a Roll Call vote, five ayes. Dan Rolliki stated Steve Chemo did not btlieve the entire 80 fL. r g t -of -way s rouid be taken aff his property, but an equal amount should be taken from each side of Medina Road and he questioned the alignment of the proposed Medina Road. Courci? responded that it has been proposals to require construc,'tion than half streets and, therefore, City policy in this instance to re for Medina Road. City policy involving plat of complete streets rather it wou;d be consistent with quire the full right-of-way Mayor H;lde asked Councll if they wished to reconsider their previous action. Toy re4ponded they did not wish to reconsider. MOTION was mage by Councilman Hunt, seccndod by Councilman Neils, to adopt RESOLUTION NO. 17-391,, A RESOLUTION' APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR. MISSION HILLS PARK 4TH ADDITION FOR MISSION WEST DEVELOPMENT CORPORATION (A-338). Motion carried on a Roll Call vote, fi-!e aye2. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION NO. 77-391, A RESOLUTION SETTING CGNDITIONe TO BE MFT PRIOR TO RECCROING OF F14AL PLAT OF M; SS IOP' -LS PARK 4 iH ADDITION FOR MISSION WEST DEVELOPMENT CORP. (A-338). Motion carried on a Roll Call vote, five ayes. MOTION was made by Counci Imao Spaeth, seco0dei by Councilman Hunt, to adopt RESOLUTION NO. 77-392, A RESOL.ITION APPROVING FINAL PLAT, PLAN AND CEVELOPMENT CONTRACT FOR CIMARRON PONDS 2ND ADDITION FOR CENTURION COMPANY RPUD 76-3 'A-208). Motion carried on a Rall Call vote, five ayes RESOLUTION NO. 77-389 APPROVINE PAILIUM PLA'r FOR CNENY INDUSTRIAL PARK (A450`, Item 2-B 1RDNNANCE N) EDING- ZONING ORDINANCE FOR ChENEV INDUSTRIAL PARK A-750) Item 2-13 RESOLUTION NO. 77-390 APROVING FINALW& DEVELOPMENT CONTRACT MISSION HILLS PARA" 4TH ADDITION (A-338) Item 2=C-? RE'JOLUTION NO. 77-391 SETTING CO 0 T ONS& FINAL PLAT -MISSION HILLS PARK 4TH ADQN. A-338) Item 2-C-2 RESOLUTION NO. 77.392 PJ k`, PLAN & DEVELOPMENT CONTRACT (RPUD 76-3) CIMARRON PONDS 2NC ADDITION (A-208) Item 2-C-3 Regular Council Feting August 1.5, 1977 Page 15f MOTION was made by Councilman Hunt. seconded by Councilman Spaeth,, to adopt RESOLUTION Na. 77493, A RESOLUTION SETTING CONDITIONS TO 8E 11ET PRIOR TO RECORDING OF THE FINAL PLAT FOR CIMARRON PONDS VID ADDITION FwR CENTURION MANY (A-208). MOTIO11 TO AMEND wiAs made by Councilman Neils, seconded by Councilman Hunt, .; adding Item 4 requiring erxecut.ion of Development Contract prior to recording of final plat. Motion to Amend carried, five ayes. Notion to .Adopt Resolution No. 77-293, as amended, carried on a Roll Call vote, five ayes. NOTION wa. made by Councilman Seibold, seconded by Councilman Spaeth, to adopt RESOLUTION N0, 77-2949 A RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR MIOOLEMIST 3RD ADDITION A -71E-. Notion carried an a Roll Call vote, give ayes. MOTION %.as made by Councilman Hunt, seconded by CAuncilman Spaeth, to adopt RESOLUTION N0, 77-3951, A RESOLU?'ION SETTING CONDITIONS TO BE MET PRIOR TO RECORDING FINAL PLAT FOR MIDDLEMIST 3RD ADDITION (A-718) amending resolution by adding Item 5 requiring all dead and diseased trees on the property be removed and hauled away at the owner's expense. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Neils, to adopt RESOLUTION NO. SITE PLAN FOR COPLLAND CARTAGE COUNTY ROAD 6 (A-743). Spaeth, seconded by Councilman 77-96, 4 RESOLUTION APPROVING AT NE CORNER OF :-494 AND Motion carried on a Roll Call vote, five ayes. MOTION was made by Council;nan NO, seconded by Councilman Spaeth, to adopt RESOLUTION NO. 71.397, A RE:OLUTION APPROVING SITE PLAN FOR METRO APPLIANCE SERVICE, INC. AT 'f HE SW CORNER OF' HIGHWAY 55 AND C9UNTY ROAD 15 (A-133). RESOLUTION 0. 77-3l3i 3E"1i'W PIT I FOR FINAL PLAT CIMARRON PONDS 2ND AON A-208) Item 24-3 RESOLUTION NO. 77.394 DEVELOPMENT CONTRACT MIDDLEMIST 3RD ADON. A-718) Item 2m C-4 RESOLUTION NO. 77%395 FINAL PLAT NIDDLEm MIST 3RD AUDITI'l A-718) Item 2-C-4 RESOLUTION NO. 77-396 PR GS SEP T COPELAND CARTAGE A-743) Item 2-0-1 RESOLUTIGN NO. 77-397 ROVING -.5-ITE METRO APPLIANCE SERVICE, INC. (A-133) Itein 2-0-2 Planner Dillerud reviewed the parking requirements for this site and the Planning Commission's recommendation that 60 spaces would be adequate considering the type of occupation of the business on the site. Council discussed parking problevs encountered on other office sites in Plymouth and by what means the variance for parking could be conditioned by the business of the occupant. Councilman Seibold felt the parking problem on this site was caused y overbuilding on the site. 156- A r Regular Council Meeting August 15. 1977 Page 157 Mobert Johnson, petitioner, described the facility and business sit being a radio4ispatchedd repair or service company for industrial wasnirl and dishwashing machines that re"rained 8 office employees and 12 re,a:{rmen and service trucks that drive in and out all day. 4071ON TO°AMEND was &f,kde by Councilman Neils, seconded by Councilman Runt, by adding Item 10 stipulating that the variance for the number of parking spaces be tied to the occupant and not the site and require that the principal use `Ise lower level of the structure be for warehousing and Stora c dnd should the occupancy of the lower story be changed addition,41 parking may be required. ttion to amen) carried, five ayes. Motion to adopt Resolution No. 77.3971 as amended. carried on a Roll Call vote, three ayes. Councilman Seibold voted nay and Councilman Spaeth abstained. MOTION was made by Councilman Seibold, seconded by Councilman Spaeth, to adopt RESOLUTION NO. 77-398, A RESOLUTION APPROVING CONDITIONAL USE PERMIT AND SITE PLAN FOR CITY OF PLYMOUTH CITY HALL (A-94), Motion carried on a Roil Call vote, five ayes. MOTION was made by councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-3994 .: RESOLUTION APPROVING CONDITIONAL USE PERMIT RENEWAL FOR CAROL A. BROMAN FOR HOME OCCUPATION FOR BEAUTY SHOP (A-361), Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-400, A RESOLUTION APPROVING CONDITIONAL USE PERMIT F(R EXPANSION OF PIZZA RESTAURANT, J'S PIZZA FOR JAi11ES DOHEFiTY (A-660). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-401, A RESOLUTION APPROVING C04DITIONAL USE PERMIT FOR MARY JO BROWN FOR CERAMICS STUDIO A-308)4 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Spaeth, seconded by Col,nci lman Ne'ls, to adopt RESOLUTION NO. 77-402, A RESOLUTION APPROVING CONDITIORAL USE PERMIT FOR RYDER TRUCK RENTAL AT NE CORNER OF HIGHWAY 55 AND 1 494 (A-618). Motion carried on a Roll Call vote, five ayes. 157- RESOLUTION NO. 77-398 PTWi USE. PERMIT b SITE PLA' FOR CITY HALL (A-94) Item 2-D-3 RESOLUTION N0, 77-394 R IE C"'OiD i I016r USE PERMIT -BEAUTY SHOF CAROL BROMAN (A-367) Item 2-E RESOLUTION NO. 77-400 USE PERMIT -J. DOHkRTY J's P!ZZA RESTAKANT A-660) Item 24 RESOLUTION N0, 77-401 WROVING CONDITIOA USE PERMIT -CERAMICS, STUDIO -MARY JO BROWN A-308) Item ?-E RESOLUTION NO. 77-402 f' C AIS USE PERMIT-RYDER TRUCK RENTAL (A-618) Item 2-E Regular Council Meeting August 15, 1977 Page 158 RESOLUTION' NOTION was made by Councilman Spaeth, seconded by Counciiean NO. 77440-3 Who to adopt RESOLUTI(A 110. 71403, A RESOLUTION APPROVING UP CONDITIONAL. USE PERMIT FOR 5,01t1, TESTING SERVICEL INC. FOR SAIL TESTING VANTAGE COMPANIES (A471). SERVICES. INC, (A475' VANTARE COMPANIES Notion c4rried on a Roll Call vote. flue ayes. Item 2-E 1407ION was made by Councilman Spaeth, seconded by Councilman RESOLUT1OR NO. 77404 Neils, to adopt RESOLUTION NO. 77-404, A RESOLUTION APPROVING SPRUNG EONDITTOUL CONDITIONAL USE PERMIT FOR KOOK OCCUPATION FOR BEAUTY SHOP FOR USE PERMIT -BEAUTY SHOT RIC14ARD HEINEN (A451). RICHARD HEINEN (A451' I wa ?-E Ntition carried on : Roll Cali vote. five ayes. NOTION was made by Councilman Spaeth, seconded by C juncilman RESOLUTION NO 77-405 Nei'is, to adopt RESOLUTION NO. 77-405. A RESOLUTION APPROVING APPINING CONDITIONAL C(AW TVCk4L USE PERMIT FOR HOME NURSERY/DAY CARE (A-531) FOR USE PERMIT -DAV CARE/ CARAT. cOLKESTAD, HOME NURSERY (A-631) CAROL FOLKESTAD Notion carried an a Roll Call vote, five ayes, Item 2-E MOTION was made by Councilman Spaeth, seconded b) Councilman RESOLUTION NO. 77406 Neils, to adopt RESOLUTION NO, 174069 A RESOLUTION APPROVING XWOiiING 66NDITIONAL CONDITIONAL USE PERM!T FOR CENTURION COMPANY FOR CARISCH USE PERMIT -CAMERA SMC` THEATRES FOR A CAMERA/PROJECTOR SHOP 4 A B-3 ZONE (A-208). CARISCH T'HEATRCS A -i 1)8} Motion carried on a Roll Call vote, a ayes. Item 2-E NOTION was made by Councilman Spaeth, seconded by C)uncilman RESOLUTION NO, 77-407 Neils, to adopt RESOLUTION N0, 77-4079 A RESOLUTION APPROVING APPAWINC CONDITI CONDITIONAL USE PERMIT FOR GERALD PROVOST FOR HOME OCCUPAT WN USE. PEPMIT-SCUBA TANK TO OPERATE A HYDROSTATIC TESTING OF SCUBA TANKS BUSINESS TESTING BUSINESS A-563). (A-563) Item 24 Motion carried on a Roll Call vete, five ayes. Councilman Seibold Questioned whether Walt's 66 Service Station CONDITIONAL USE PERM F was in violation of its Conditional Use Permit for Truck/ WALT'S 66 TRUCK/ Trailer Rental because of tie excess number of vehicles TRAILER RENTAL (A-645 stored st the station over !rid above the allowed 16 rental Item 2-E units, There was discussion of whether this condition was a zoning i0 fraction and controi'ieu by the CUP or whether it should hinge on the service station license. MOTION was made by Counf.ilman Hunt. seconded by Councilman Seibold, to defer actir,n on this request for renewal of Conditional Use Permit for Truck/Trailer Rental for Walter Strand until petitioner can appear before Council. Notion carried, five ayes. 158- r r Regular rAuncil Meeting August 15, 1977 Page 159 MOTION was made by Councilman Spaeth, seconded by Councilman Neils, to adopt RESOLUTION NO. 77-409, A RESOLUTION APPROVING LOT COMBINATION OF LOTS 3 AND 49 BLOCK 2, ELMHURST HEIGHTS ADDITION AND REDUCING AREA AND CONNECTION CHARGE ASSESSMENT FOR ROBERT L. AND DOREEN J. ARLANUSA. Motion carriAd on a Roll Call vote, five ayes. RESOLUT 0ROI LOTS 3 b 4, BLOCK 2 ELMHURST HTS. ADDN. REDUCING ASSES.`'MENT Item 2-F MOTION was made by Councilman Hunt, seconded by Councilman RESOLUTION NO. 7].0(, : Seihold, to adopt RESOLUTION NO. 77-4099 A RESOLUTION AUTHORIZING APPROVING N MAYOR ANO CITY MANAGER TO SIGN AGREEMENT WITH HERBERT A.JOHNSON FOR EASEMENTS FROM TO OBTAIN AN EASEMENT FOR PROJECT NO. 506, T.N. 101/C.S.A.H, 6. HERBERT JOHNSON PROJECT NO. 506 MOTION TO AMEND was mase by Councilman Seibold, seconded by T.H. 101/C.S.A.H. 6 Councilman Hunt, by adding the following condition to the Item 2-G resolution: "WHEREAS, in consideration of the foregoing, the City shall require the owner of the property to submit a site plan fo the use of said property prior to the con- veyance of the easement." Motion to amend carried, four ayes. Councilman Neils voted nay. Motion to adopt Resolution No. 77-409, as amended, carried on a Roll Call vote, four ayes. Councilman Neils voted nay. There was a discussion of the tutiire right-of-way requirements that may be demanded for the corner. Engineer Goldberg reviewed the status of tido neogtiations for Ivy's Tavern site at the northwest corner of %Ciunty Road 9 and Larch Lane. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to direct the staff to continue negotiations with Mrs. Odegaard, but also to work towards the ultimate alignment of larch Lane as previously discussed in relati:n to moving in an S-curve toward the fire station location and intersecting at County Road 9 in the safest possible manner, and also taking into consideration the land on the west side of the cemetery. Motion carried, five ayes, 3TION was made by Councilmao Ne" -s, to iidopt RESOLUT;ON NO. ADEQUACY Or PETITION mOR CURB WAYZATA 0,RMSTEADS. Seibold, seconded by Councilman 77-4101 A RESOLUTION 0E.1. AP1!NG AND GUTTER IMPROVEMENT FOR L,')T 4, Motion car,A9d on a Roll Call vote, five ayes. 1G9. PROPERTY ACQUISITION IVY'S TAVERN Item 2•,N RESOLUTION NO, 77-41( AMP IrRMTITiA"' LOT 41 WAYZATA ARMSTEADS Item 2-I-1 Regular :ouncil Meeting Ausust 15. 1977 Paye 160 MOTION was made by Courcilman Neils, seconded by Councilman Seibold, to adopt RESOLUTION NO. 714119 A RESOLUTION APPROVING CHANGE ORDER NO. 2 DELETING THE AMOUNT OF $5,530.00 FROM PROJECT NO. 6029 1977 STREET IMPROVEMENTS, N,0,4 INC. Motion carried an a Roll Call vote, Five ayes. MOTION was made by Councilman Seibo?d, seconded by Councilman Neils, to adopt RESOLUTION NO, 77412, A RESOLUTION DECLARING ADEQUACY OF PETITION FOR CURB AND GUTTER ASVD STREET IMPROVE- MENTS FOR MIDDLEMIST 3RD ADDITIGN AND ORDERING PRELIMINARY REPORT. Motiou carried on a Roll Call vote. five ayes. NOTION was msde kf Councilman Hunt, seconded by Councilman Spaeth, to adopt 11SOLUTION NO. 77-413. A RESOLUTION APPROVING CHANGE ORDER NO. ;t IN THE AMOUNT OF DELETE $591617.04 (TOTAL DELETE $1,860.00 IJVD TOTAL ADD $2,742.96) TO BE.4TSON b KELLY CONTRACTORS FOR PROJECT NO. 116 PINETREE POND. Motion carried on a Roll Call vote. five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Spaeth, to adopt RESOLUTION NO, 77-4149 A RESOLUTION APPRGVING CHANGE ORDER NO. 2 I.4 'THE AMOUNT OF $139808440 TO BURY b CARLSON, INC. FOR PROJECT NOS. 612/706, LARCH LANE/49TH AVENUE, FOR CONSTRUCTION OF A PARKING LOT AT FIRE STATION NO. 2. Motion carried on a Roll Call vote, five ayes. NOTION was made by Countilmao. Spaeth, seconded by Councilran Neils, to adopt RESOLUTION NO. 77-415, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NU, 5 A,ND FINAL IN THE AMOUNT OF $16,994.90 TO BEATSON b KELLY COi;TRACTORS, INC. FOR PROJECT NO. 115, PINETREE POND STORM SEWER IM1%7OVEMENT. Motioi carried on a Roll Call vote, five ayes. MOTION was made by Course: i 1 ma , Spaeth. seconded by Councilman Neils, to adopt RESOLUTION NO, 77.416, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 2 IN THE AMOUNT OF 38,812.50 TO BROWN MINNEAPOLIS TANK COMPANY FOR PROJECT NO. 605 STANDPIPE WATER TANK IMPROVEMENT, Notion carried Pn a Roll Call vote, five ayes. ISO- RESOLUTION NO, 77-411 CHANGE. ORDER FOR 191' STREET IMPROVE- MENTS -PROJECT 602 Item Z -I-1 RESOLUTION NO. 77-41' MIRING N STREET IMr'ROVEMENTS MIDDLEMIST 3RD ADN. Item 2-I-2 RESOLUTION N0, 77-413 APPROVING CHANdE 0r PROJECT N0, 116 PINETREE POND Protect No. 116 Item 2-J-1 - RESOLUTION NO. 77-414 CHANGE ORDER PROJECTS 612/706 LARCH LANE/40TH AVE. FIRE STATION PARKING Item 2-J-2 RESOLUTION NO. 77-415 REQUEST FO;( PDRE PINETREE PC4D STORM SEWER -PROJECT 716 Item 2-K-1 RESOLUTION NO. 77-416 RequEST foRA +.NST STANDPIPE WATER TANK PROJECT 605 Item Z -K-2 Regular Council Meeting August 15, 1977 Page 161 MOTION was miade by Councilmen Spaeth, seconded by Councilman RESOLUTION NO. 77-417 Neils, to adopt RESOLUTION N0. 77417, A RESOLUTION AUTHORIZING fit$ PAYMENT On REQkriST FOR PAYMENT NO, 1 IN THE ANOUNT OF $122,566.98 C.R. 6 t FERNDALE TO NORTH CENTRAL UNDERGROUND, INC. FOR PROJECT N0, 605-001 WATERMAIN PROJECT 305401 COUNTY ROAD F. AND FERNDALE WATERMAIN IMPROVEMENT. Item 24-3 Motion carried on a tell Call vote. five ayes. MOTION was made by Councilman Neils, seconded by Councilman KSOLUTION NO. 77418 Spaeth, to adopt RESOLUTION N0, 77-4189 A RESOLUTION AUTHORIZING KQUrST MR PAYMENT PAYMENT ON REQUEST FOR PAYMENT NO. 3 IN THE AMOUNT OF $419917.66 1977 STREET IMPROVEMENTS TO N.O.H., INC. FOR PROJECT NO. 1977 STREET IMPROVEMENTS. Item 244 Motion carried on a Roli Call vote. five ayes. 140TION was made by Councilmar, Spaeth, ieconded by Councilman RESOLUTION NO. 77-419 Hunt, to adopt RESOLUTION NO, 77-4199 A RESOLUTION AUTHORIZINb REQUEST F69ME T PAYMENT ON REQUEST FOR PAYMENT N0, 4 IN THE AMOUNT OF $199281.00 GENERAL CONTRACTOR To W.11. CATES CONSTRUCTION COMPANY FOR THE FIRE cTATION NO. 2 FIRE STATION NO, 2 BUILDING PROJECT NO. 608. PROJECT NO. 608 Item 2-K-5 Motion cArried on a R61 Call vote, rive ayes. MOTION was made by Councilmen Spaeth, seconded by Councilman RESOLUTION 80. 77-4d0 Hunt, to eJopt RESOLUTION NO. 77-420, A RESOLUTION AUTHORIZING REQUEST PA94ENT ON REQUEST FOR PAYMENT NO. 4 IN THE AMOUNT OF $2,907.00 ELECTRICAL CONTRACT01 TO CONCERVATION SYSTEMS, INC. FOR THE FIRE STATION 40. 2 FIRE STATION NO. 2 811ILUING PROJECT NO. 608. PROJECT N0, 608 Item 2-K-5 Motion carried nn a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman U'ESTMINSTER ADDITION Neils, to accept the Engineer's report on requirements for STATUS REPORT (A-717) curb and gutter and widened streets in the Westminster Addition DEVELOPER'S REQUIREMENTS plat (A-717). Item 2-L Ri,#,& Mmrray, developer, stated he was concerned that they were ein",..seated in the same manner as other developers. He felt the requirement far cu;b and gutter in the development was ver and above what was required for other developments down the md. Manaqer Willis replied the Council is cDncerned because the Westminster Plat has 3 lots obutting Wect Pledicine Lake Boulevard and it may not be too long be;'ore either the City or the Count; or both Initiate a project to Improve West Medicine Lake Boulevard. If and when this occurs, the a%. essments 'for these 3 lots, based upon th.4 City asser,sment policy, would be axtremely high. Therefore, it is appropriate that Zhe problem be addressed at t6,is point in time and the assessniant spread over the development. 161- Regular Coun it (Meting August l8, ) 77 Page 162 Eryinter id)ldberg responded there r,9 wh1ch rciuirrs the installation of cu It is 415t the- City's policy to re%jui any County road -section. drainable problem in the area curb and gutter to correct it. re w1denen4 of the street along Councilman Seibold questioned why the Chippewa l'ralls devalopment did not have the same requirements. Councilman Neili vesponded tht, circu- stancas of O.,et plat did not require it. SUBSTITUTE WrION was made by Councilman Hunt, seconded by Councilman Spaeth, to direct staff to research the future alignment o' County Ror.d 154 with the County Engineering Department to determine what type of sect,on would be required to adequately haredle traffic, storm sewer, etc,, and whatever is determined to be required will be the requirement for thir: plat, Substitute motion carrip;, five ayes. X410N was rade by Councilman Spaeth, seconded by councilman Seibold, tt adorl. RESOLUTION N0, 77.4219 A RESOLUTION AUTHORIZING AGREEMENT PROVIDING SEWER AND WATER TO HOLY NAME CHURCH OF NiDINA. Motion carried on a Roll halt vote, five ayes. Council reviewed the propr;sal from the Mr. S Mrs. Jaycee's to develop a park site at Hemlock Park. MOTION was made by Councilman Neils, seconded by Councilman Hunt, to direct staff to prepare a resolution approving the proposal submitted by Mr, & Mrs. Jaycee's for Hemlock Park improvem.nt and than6.',. them. Motion carried, five ayes. REPORTS OF OI'FICERS, BOARDS AND COMMIS'4!ONS MOTIOU was made by Councilman Neils, seconded by Councilman Spaeth, to adopt RESOLUTION NO. 17-422, A RESOLUTION AMENDING RESOLUTION NO, 77-149, SETTING PURCHASE PRICE FOR S,ITE OF DOWNTOWN Pl1A3,UTH POST OFFICE Al 580,000. V:otion carried on a Poll Call vote, five ayes. Manager Willis reviewed the propasti changes to the City's Disability and long Tenn Disability 0olicy. Counci, discussed the proposal including the benefits curing the eli.aindtion period versus the insured period and t.he seetior, w ; personal illness of the employee's svilse or dei@Nidev ,-s. MOTION was made by Councilman Hunt, ser.onded b,+ Councilman Neils, to amend the proposed Disability Leave Policy by striking from Section 6-3.22 the wor4s "or the personal illness of the RESOLUTION NO, 77-421 I-LITROMING-10ETKU t'OR SEWED! AND WATER 40LV NAME CHURCH Item 2-M HEMLOCK P RK IMPROVEMENTS I tem 2-N RESOLUTION NO. 77-422 ENDTW RES.17TTW SETTING PURCHASE PRICE DOWNTOWN PLYMOUTH POST OFFICE StTi Item 3-A employee's spouse or dependents, residing with tN, employee, whose physical care requires the continuou:t presence of the employee for a period not to exceed five days." PERSONNEL POLICY AMENDMENT -SICKNESS AND UISABILITY LEAVES Item 3-E 1 R'ftlac Council ftning AuWit 15t 1977 Page 163, Nation Carrieds five ayes. or . NOTION was mtde by Councilman Selbola, zeconded by Counci'.man Neils, to adopt RESOLUTION NII. 77-423. A RESOLUTION REVISING SICK LEAVE BENEFITS AS CONTAINED IN PLVWXIS PERSONNEL POLKY ADOKED JULY 10. 1972. Rattan Carried a. a Ro-11 gall vote. five ayes. NOTION was trade by Counci loan Seibold, secondee by Councilman 00136 to adopt RESOLU'ILON N0. 77.424. A RESOLUTION AWARDING O TRACT. APPOINTING AUe?i0RSZED AGENT ANE TRANSFERRING FUNDS FOK THE KIRCHASE OF LOKS TERM DISABILITY INSURANCE. Motion carr*l on a Roll Call vote. five aw:s. MOTION was made by Counci i,n Neils, seconded by Counci loan Spaeth, to 64ret the City Manager to provide Council with a quarter;y report of sick leave granted individual employees under this policy. SUBSTITUTE MOTION was Spaeth, to direct t'ie annual report of sick this policyt made by Mayor Hilde, seconded by Councilman City Nanager to provide Council with an leave granted individual employees under Substitt;te motion Carried, four ayes. Councilman Neils voted nay. MOTION was made by Councilman Spaeth, seconded by Councilman Neilso to adapt WSOLUTIOA NO. 77-425, A RESOLUTION ADOPTING POLICY FOR MAINTENANCE, PRESERVATION, REPRO".UCTION AND DISPOSAL OF PUBLIC RECORDS AND D(iCUKNTS . MOTION TO AMEND was .made by Councilman Neils, seconded by Councilman Spaeth, by str1kiG9 the word "microfiche" from the policy anA substitutiog the word "microfilm." Motion to amend carried, fixe ,ayes. Motiun to adopt Resolution No. 77-425, as amended, carried on a Roli Call vote, five ayes. MGTION was made by Councilman Hunt, seconded by Councilman Swcuo, to adopt RESOLUTION NO. 71426, A RESOLUTION AUTHORIZING REIMBURSEMENT TO GENERAL FUND THE SUM OF 5326,475 FROM THE SAAITARY SEWER OPERATING FUND. n,$#)TION TO AMEND Lo"Incilman llunt, reso,l iti on : "BE of st,ch transfer it shall further y surplus fund eras trade by Councilman Neils, seconded by by adding the fallowing paragraph to the IT FURTHER RESOLVED that should any or all occur after the data of this resolution, accrue interest at the ssverage rate. earned investments to date of actual transfer." 163- RES,OLIri lON NO. 77.423 REMING r BENEFITS I t om 3-B NARDING RES ON' NO. 77-424 APPOINTMENT AUTHORIZED AGENT b TRANSFERRING FUND FOR PURCHASE OF LONG TERN DISARILITY INSURANCE Item 3^4 RESOLUTION NO. 77425 ANOYIN62- VOTITYWR MAINTENANCE, PRESERVA- TION, REPRODUCTION Attu DISPOSAL OF PUBLIC RECORDS A DOCUMENTS Item 3-C RESOLUTION NO. 71426 A MOMBURSE- MENT Tfa GENERAL FUND FROM 'aAN1TARY SEWER FUND Item 3-D Regular Council Meeting August 15, lar` Page 164 Mott" to amend carried. five ayes* Notion to adopt Resolution oto. 77.424, as mended, carried on a Roll Call vote. five ayes. MDTION wa s made by Cowici1own Spaeth, seconded by Councilman Seiboldo to adopt RESOLUTION NO. 774274. A RESOLUTION APPROVING DISIRIPScRENTS FROM THE GENEML FUND. CONSTRUCTION FUND, WATER FUND, SEWER FUND AND SPECIAL ASSESSMENT FUND FOR 4 TOTAL OF Sl sl lO.S1g.17 FOR THE PERIOD ENDING MOST 109 1,97i . fbtion carried on a Roll Call votes five ayes. MISCELLANEOUS Councilmen Hunt and Spdeth agreed to attend th-,. Metro Courcil Give and Take" srssion on Amg4st 25. The meeting was adjourned at 10.30 p.m. 10- M RESOLUTION NO, 77-427 DISBME S PERIOD ENDING 8/10/77 ten 3-E w4 id l . oetd arN y City Clerk n u iJ