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HomeMy WebLinkAboutCity Council Minutes 01-09-1978 SpecialPage 1 A I N U T E S SPECI".L COUNCIL MEETING January 9, 1978 A special meeting of the Plymouth City Council was called to order by Mayor Hilde at 7:30 p.m. in the Council Chambers of the Public Works Building, 14900 Twenty- third Avenue North, on January 9, 1918. PRESENT: Mayor Hilde, Mayor -elect Hunt, Councilmembers Hoyt, Neils, Seibold and Spaeth, Manager Willis, Planner, Dillerud, Engineer Goldberg, Administrative Assistant Boyles and Atton,ey Lefler, ABSENT: None. OATH OF OFFICE Fudge James D. Rogers of Hennepin County Municipal Court administered the 0,'h of Office to Mayor Howard L. Hunt for a two-year to commencing January 1, 1978 and to Councilmembers Patricia Hoyt and Gerald H. Neils for four-year terms on the Plymouth City Council commencing January 1, 1978. Mayor Hunt proclaimed Saturday, February 25 "Al and Jayne Hilde Appreciation Day" 15 Plymouth. MINUTES MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to approve the minutes of the December 19 regular Council meeting as submitted. Motion carried, three ayes. abstained. PUBIC HEARING Councilmembers Hoyt and Spaeth Mayo" Hunt opened the public hearing for an On -Sale Wine License for Michael J. Latuff at Latuff's Pizzeria, 11333 Highway 55, at 7:52 p.m. No one chose to speak and the hearing was closed at 7:5^ p.m. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION N0, 78-1, A RESOLUTION 1PPROVING WINE I":7NSE FOR LATUFF'S PIZZERIA, 11333 Highway 55, EFFECTIVE JANUARY l., 1978 FOR A PERIOD TO EXPIKi JANUARY 31, 1978. In Motion carried on a Roll Call vote, five ayes. 0 1- OATH OF OFFICE Mayor Hunt Councilmember Hoyt Councilmember Neils Item 3 MINUTES - REGULAR COUNCIL MEETING DECEMBER 191 1977 Item 5 PUBLIC HEARING ON -SALE WINE LICENSE LATUFF'S PIZZERIA Item 6 RESOLUTION NO. 78-1 APPROVING WINE C SE LATUFF'S PIZZERIA Special Council Meeting January 9, 1978 Page 2 PETITIONS, REQUESTS AND C011MUNICATIONS Planner Dillerud reviewed the amended site plan for Sunrise Point apartment complex at the tip of Little Peninsula on Medicine Lake A-186) proposing 81 units in a 2 -story buildin3 covering 7,700 sq. ft. with .6 1-bedronm units and 55 2 -bedroom units. 0 r . REVISED SITE PLAN In SUNRISE POIN! APTS. LITTLE PENINSULA CHOWEN INVESTMENT Item 7-A The Planner replied to Council'; questions regarding the Environ- mental Assessment Worksheet that has been prepared for this project. He stated the worksheet was, for the most part, factual in nature, but in the latter portion judgment must be made whether the facts point toward the requirement of an Environmental Impact Statement for the project. Councilman Neils stated he would not support the request from the City of Medicine lake for another public hearing on the environmental impact of this project, but wanted to be sure that interested parties could have copies of the Environmental Assessment Worksheet. Planner Dillerud agreed to make copies of the worksheet available to interested parties after it had been filed with the Environmental Quality Board. Attorney Lefler stated that citizens may present a petition for an Environmental Impact Statement directly to the Environmental Quality Board with 500 signatures of persons interested in tt:e environmental impact of this development. Jack McMullin, 176 Peninsula Road, felt the Council had been in error by zon ng this area R-4 and it was therefore the Council's responsibility to correct this error now. He claimed the original site plan submitted for the area was for a smaller number of units, and that number was reduced by Council at that time. He objected to the approval of a gre.:-ter number of units for the site than was originally approved. Mark Anderson, 10320 South Shore Drive, representing AMLAC, commented that the steel company and other industrial uses around Medicine Lake were improper, but were built before the zoning was changed in 1968. He felt another mistake should lot be made now by approving this development. He claimed this development would be detrimental to the citizens living around the lake as well as to all the residents of the County who use the lake. He felt the citizens should be able to participate in this decision to preserve an important part of Plymouth's environment. He asked than AMLAC's attorney might have the opportunity to discuss the issue with the City's attorney and staff and have some input into the Environmental Assessment Worksheet. He asked the following questions: lj Did the City follow the necessary statutory ordinance procedures in releasing the area dedicated to parse use? and 2) Was the project itself contrary to the Minnesota Environmental Right„ Act? He requested that approval of the project be delayed to enable AMLAC to work with the City staff" in the environmental assessment area so that a mistake may not be made. Bob Scribner, 2015 Lancaster Lane, asked that the City allow citizen inputinto preparation of the Environmental Assessment Worksheet since the developer of the project was allowed to have input into the same. He questioned why Council allowed an extension of the date for the beginning of construction and asked why the requirement for a fire lane completely encompassing the peninsula was released. Z- Special Council Meeting January 9, 1978 Page 3 Mayor Hunt replied that the legislature decreed 0t was necessary for the Environmental ;assessment Worksheet process to be administered by t'he local government and established that process and chose the agencies that would be involved in that process. The City of Plymouth had been employing the EAW process for one year before it was required 'ay the Legislature, The guidelines for the EAW were supplied by thii legislative action and not eoetermined by the City. The City shall send a copy of the EAW for this projea to AMLAC and the City of Medicine Lake after it has been filed with the Environmental Quality 3oard along with a lisLk of all the agencies which will be involved in the review process. The City has recefived n great deal of citizen input .,nto this project from its inception and has worked over the proposal as far as it possibly can and is nv.v ready to file the Environmental Assessment Worksheet with the Environmental Quality Board for the final decision on whether an Environmental Impact Statement will be required. MOTION was made by Councilmember Spaeth, seconded by Council - member Seiboid, to adopt RESOLUTION NO. 78-2, A RESOLUTION APPROVING SITE PLAN FOR SUNRISE POINT APARTMENT COMPLEX LOCATED AT THE TIP OF LITTLE PENINSULA ON MEDICINE LAKE FOR CHOWEN INVESTMENT (A-186), Motion .tarried on a Roll Call vote, five ayes. MUiION was made by Counci member Neils, seconded by Council - member Spaeth, to direct staff to provide copies of the Environmental Assessment Worksheet for this project to AMLAC and the Ctiy of Medicine Lake, along with a list of the agencies to which it will be submitted for review, at the time it is submitted to the Environmental Quality Board, Motion carried, five ayes. Planner Dillerud stated he would for this project with one or two the City of Medicine Lake after mental Quality Beard and explain be willing to review the EAW representatives of AMLAC and it is submitted to the Lnviron- RESOLUTION NO. 78 APPROVING SUNRISE POINT APTS. LITTLE PENINSULA CHOWEN INVE;TMENT A-186; Item ?-A to them how Vie 4_rilrUlation were made. Cowicilman Neils stated Condition 17 of the resolutic ri r .garc.ing fulfillment of the conditions of the resolution, pay n.-mi of fees and commencement of construction should be fulfilled within six months of the site plan approval. Mayor Hunt quLstioned the Attorney if the City would be in a position to revert to the former zoning if these conditions were not accomplished by July 1, 1978. The Attorney replied he could not answer at this time. Councilman Neils asked if the site plan would be subject to review at that time in light of the zoning changes that have taken place, The Attorney replied it would not. John Sanger, representing the petitioner, stated he felt six months was a reasonable amount of time in which to accomplish the conditions of the resolution. However, if delay tactics should become involved through agency interventions, they wculd not consider it as a limitation upon them. Mayer Hunt requested petitioner to keep in touch with the City staff regarding the progress of the development. 3- Special Council Meeting January 9, 1978 Page 4 Planner Dillerud reviewed Nick Loscheider's and Alan Stensrud's request for approval of preliminary plat and conditional use permit for Subdivision Unit Project for Ridgecrest Addition and noted the Planning Commission's concerns about 1) the Pilgrim Lane collector and 2) probable public improvements on Quaker and Orleans Lanes and 29th Avenue North, Councllmetsber Neils stated it was not reasonable to proceed with development of this plat with ingress and egress only from the south. Since Pilgrim Lane is intended to be a collector through this area, he proposed the principal access to this plat should be via Pilgrim Lane and it should be undertaken as a public improvement concurrent with development of the plat. Planner Dillerud displayed two alternate routes for Pilgrim Lane sug- gested by the Planning Commission. Council discussed various alternatives for access to this plat and the plat to the east and how the proposed improvement of Pilgrim Lane would be assessed. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-3, A RESOLUTION APPROVING PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR SUBDIVISION UNIT PROJECT FOR RIDGECREST ADDITION FOR NICK LOSC4EIDER AND ALAN STENSRUD (A-774). MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, by adding Condition 4 requiring that the street alignment be adjusted for continuity of Pilgrim Lane from the north and its connection to the southwest from this plat and adding Condition 5 requiring that a stub street connection to the easterly boundary of the plat be provided in the vicinity of Lots 4-6 of Block 3. Motion to amend carried, five ayes. Motion to adopt Resolution No. 78-3, as amended, carried on a Roll Call vote, five ayes. Mayor Hunt stated the curvilinear aspects of Pilgrim Lane's alignment could be resolved during final plat stage and con- current with this a preliminary report should be prepared for that portion of Pilgrim Lane that tied in with the existing Pilgrim lane. Councilmember Neils stated thf-e is P sub- stantial amount of land to the east whose ac ass should also be via Pilgrim Lane. Alignment of Pilgrim Lane to serve this plat should not preclude access to the land to the east. There was discussion of alternatives to provide access to the parcel to the east and alternate routes for Pilgrim lane. James Hill, consultant for petitioners, replied to Council's g1est ns—regarding street alignment in the plat. He stated during discussions with the Planning Commission it was deter- mined it was not desirable to have a collector street run through the middle ,;f the plat. They finally allowe' for right -of.-way so that Pilgrim Lane could bend at one paint to connect with existing Pilgrim Lane to the north. 7,tiey 4- PRELIMINARY PLAT CONDITIONAL USE PEIrAIT FOR RIDGECREST ADDITION LOSCHEiDER/STENSRUD A-774) Item 7-8 RESOLUTION NO. 78-3 APPROVING MUM Y PLAT & CONDITIONAL USE PERMIT FOR SIP RIDGECREST ADDITION LOSCHEIDER/STENSRUD aa74) Item 7-e J Special Council Meeting January 9, 1978 Page 5 f felt if a sub -collector was to go through the plat it should have a few 90 -degree turns to discourage and slow dorm traffic. The plat was developed to maintain the pend and wooded area in the plat and bringing 31st through it would disrupt this wooded area. He also proposed the plat did not need connection to the land to -the east but mainly needed north and south movement to collector Streets. He stated the petitioners wished to petition for public improvements of sewer and water for the plat. Alan T. StensrA, 3051 Quaker Lane, requested Council to clarify Condition 4 regarding alignment of Pilgrim Lame. Councilmember Neils responded to his questions. MOTION was made by Councilmember Neils, seconded ty Councilmember Spaeth, to direct staff to prepare the appropriate resolution to order the public improvement to provide fr.n, the contiruity of Pilgrim Lane so that it might be constructed concurrent with the development of this plat. Motion carried, five ayes. MOTION was made by Councilmember Spaeth, seconded by Councilmember Neils, to direct staff to prepare a feasibility study upon receipt of petition from the developers. Motion carried, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-49 A RESOLUTION APPROVING PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR SUBDIVISION UNIT PROJECT FOR DEERWOOD MEADOWS FOR PARKLANDS DEVELOPMENT (A-784)0 MOTION TO AMEND wa.s made by Councilmember Neils, seconded by Councilmember Hoyt, by adding to Condition 9 the following words: "and such lots shall be of comparable width of those lots on the west," Motion to amend carried, five ayes. MOTION TO AMEND was made by Councilmember Spaeth, seconded by Councilmember Neils, by adding Condition 10 requiring that at the time of final plat approval street alignment be shown to clearly coordinate with Marvin Anderson's plat to the east as recommended by staFf. Motion to amend carried, five ayes. MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, by adding Condition 11 req,liring final plat design to indicate accelerating and turning lanes on the west side of xbchary Lane at the intersections of 45th and 47th Avenues of this plat. Motion to amend carried, five ayes. RESOLUTION NO. 784 APPROUNG GOND T USE PERMIT FOR SUP 8 PRELIM14ARY PLAT DEERWOOD MEADOWS A-784) Item 7-C Special Council Meeting January 9, 1978 Page 6 Francis D. Hagen, consultant, objected to the last portion of Condil,ion % allowing right-of-way on 45th Avenue to conect the eastern anJ western portions of the plat. MOTION TO AMEND was made by Councilmember Spaeth, seconded by Councilmember Noils, by deleting from Condition 1 the following words: "In addition, that right-of-way be included for possible extension of 45th Avenue North through Lot 6, Block Motion to amend caoried, five ayes. Motion to adopt Resolution No. 78-4, as amended, carried on a kol'i Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Seibold, to adopt ORDINANCE NO. 78-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 116 TOWNSHIP 118, RANGE 22 AS R-1 (SINGLE FAMILY RESIDENTIAL) FOR DEERWOOD MEADOWS (A-784). Motion carried on a Roll Call vote, five ayes. f 2" ORDINANCE NO. 78-1 AMENDI'.u" ZONING ORDIN14CE TO R-1 DFERWOOD MEADOWS A-78.4) Item 7-C MOTION was made by Councilmember Spaeth. seconded by Courc!'imember RESOLUTION NO. 78-5 Seibold, to adopt RESOLUTION NO. 78-5, A RESOLUTION ORDLKING ORDERNG FRELIMINART IMPROVEMENT AND PREPARATION OF PLANS FOR MIDDLE EAST PLYMOUTH REPORT -STREET AREA STREET LIGHTING. LIGHTING• IIDDLE EAST PLYMOUTH Motion carried on a Roll Call vote, four ayes. Councilmember Item 7-M Neils abstained. Tom Bc a, 3820 Trenton Lane, presented Council with the survey results and resulting lighting plan for the Middle East Plymouth area. Manager Willis rev;ewed the District Court's Order dire0 ing FRASER VARIANCE the City of Plymouth to grant variances to allow Gerald Fraser COURT ORDER to bui'd houses on three lots in the Parkers Lakeside Addition. Item 7-N MOTION was made by Councilmember Spaeth, seconded by Councilmember RESOLUTION NO. 78-6 Seibold, to adopt RESOLUTION NO. 78-6, A RESOLUTION GRANTING GRANTING VARIANCES VARIANCES FOR LOT 16, BLOCK 31 LOT 16, BLOCK 41 PARKERS LAKESIDE PARKERS LAKESIDE ADOR. 2ND ADDITION AND LOT 249 BLOCK 31 PARKERS LAKESIDE ADDITION. GERALD FRASER Item 7-N MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, by adding Condition 4 requiring that the garage of Lot 24, Block 3, have its entrance from the west side of the lot and Chit its dr,veway acc!ss be from 3rd Avenue; that Lot 16, Block 4, have its garage entrance on t ie east :;ide of the lot and its driveway access cn the easterly portion of the lot from 3rd Avenue; and that Lot 16, Block 3, have its garage entrance from the west side of the lot and its driveway access from 3rd Avenue from the westerly boundary of the lot. Motion to amend carried, five ayes. Motion to adopt Resolution, No. 78-6, as wended, carried on a Roll Call vote, five ayes. Special Council Meeting January 9. 1978 Page 7 11 Gerald Fraser, petitioner. agreed to the proposed conditions of the reso utfon. Mawk Luther, representing adjacent homeowners, stated the issue Ee ogre tFie court was whether the variances should be granted because of hardship. but there was no determination by the court if the variances are granted and houses constructed if they would diminish the existing value of other properties in the area. He claimed a 12 ft. setback from the street would create an eyesore to the neighborhood. He claimed the matter needed more study before variances are granted to satisfy the members of the community that will be affected and not create an eyesore to the neighborhood. There was discussion of the extent of the City's responsibility protect the interests of the property owners i,nd the opportunity t e homeowners had to purchase these tax-forfe't lots before Mr. Fu ser did so. Councilmerrber Seibold requested that assurance be made in construction of these three houses that the east slide of the houses line up with the front of the neighboring homes with 50 ft. setback in the front yard,. MOTION was made by Councilmember Neils, seconded by Mavor Hunt, that due to the drainage problems in the area for the proposed development, staff be directed to provide a recommendation to Council for the improvement of 3rd Avenue North from Orchi,; Lane to Ranchview Lane on the right-of-way centerline, including storm drainage, and upgrading it to a permanent street. Motion failed, two ayes. Councilmembers Hc;yt, Seibold and Spaeth voted nay. MOTION was made by Councilmember Neils, seconded by Councilmember Seibold, to adopt. RESOLUTION NO. 78-7, A RESOLUTION DENYTING LJT DIVISION OF UNPLATTED PROPERTY FOR JEROME P. BEGIN (A-785) adding Item 2 stating that no hardship on the use of the land Is shown to justify the granting of waiver from requirements of the subdivision regulations and Item 3 stating that the petitioned division ..ould create ta. land -locked parcel without direct access to pjblic street. Mction carried on a Roll Call vote, five ayes. Planner Dillerud explained that since there is no existing landfill permit in force for Jerome Begin and his present landfill operation is :•equired by Hr-inepin County to be completed by June 1, 1978, the request for a conditional use permit for an accessory storage building for the lanafill operation is inappropriate. Councilmember Hoyt questioned whether the equipment to be stored in the proposed building was necessary for completion of the landfill operation. RESOLUTION NO. 78-7 DENYING LOT DIVIS16N UNPLATTED PROPERTY JEROME BEGIN (A-785) Item 7-D CON^ITIONAL JEROMF BEGIN itFm 7-E-1 USE PERM I'l A-259) Special Council Meeting January 9, 1978 Page 8 Gary Gabriel, representing petitioner, replied the building would be used to store some of the equipment being used in that operation. There was discussion of the need fqr the storage building for the present operation and the outside storage conditions presently existing, It was the consensus of the Council Dat basad on the information presented it was appropriate to deny the request for conditional use permit. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-8, A RESOLUTION DENYING CONDITIONAL USE PERMIT FOR METAL STORAGE BUILDING FOR JERAME P. BEGIN (A-259). Notion carried on a Roll Call vote, five ayes. Planaer Dillerud reviewed Donald Russ' request ,For a cooditional use permit for office use of railroad car in Fox Meadows Office A --ea. Council discussed the original agreement with the developer to amend the development plan to allow placement of the railroad car to be used as a conference room as one of the amenities of the Fox Meadows complex and the present circumstances that have resulted in varied ownership of the separate plats in the complex. MOTION was made by Councilmember Spaeth, seconded by Mayor Hunt, to direct staff to research this situation and come back to Council at some later date with information on present ownership of the property in question. RESOLUTION NO. 78-8 DEYNTNGCONDINA USE PERMIT FOR STORAGE BUILDING JEROME BEGIN (A4*59) Item 7-E-1 CONDITIONAL FOX MEADOWS Item 7-E-2 MOTILIN TO AMEND was made by Mayor Hunt, seconded by Councilmember- Spaeth, to direct staff further to investigate wheth,ar the original agreement allowing placement of the railroad car in the Fox Meadows complex was with the understanding that this was an amenity to serve the entire complex is part of the general development plan. Motion to amend carried, five ayes. Main motion, as amended, carried, five ayes. Council discussed the proposed cost for channellization and new traffic signals at County Road 6 ant', County Road 61 and Hennepin County's policy of cost sharing for highway improvement projects. They discussed the possibility of assessing a portion of the project costs by special assess- ment to the abutting property owners. Councilw,nber Neils suggested that staff contact the property owners 'to inform them of the costs to be assessed and to determine if they would be willing to file a waiver of assessment hearing. Council agreed a sginal at County Road 6 and Vick0ur.; Lane would have a higher priority than the proposed signal at County Road 6 and County Road 61. MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to direct staff to conCact Hennepin County and USE PERK R.R. CAR CHANNELILATION & TRAFFIC SIGNALS C.R. 6 AT C.R. 61 Item 7-F r Special Council Meeting January 4, 1978 Page 9 express Council's desire to move ahea:i more rapidly with plans for signali=ation of the intersection at County Road 6 and Vicksburg Lane. Motion carried, five ayeL. MOTION was made by Mayor Dunt, seconded by Councilmember Spaeth, to adopt RESOLUTION NO, 78,99 A RESOLUTION ORDERING PRELIMINARY REPORT FOR IMPROVEMEINT OF THE INTERSECTION AT COUNTY ROAD 6 AND COUNTY ROAD 61 BY CHANNELIZATION AND TRAFFIC SIGNALS. Motion carried on a Roll Call vote, five ayes. Council recessed from 11:05 to 11:10 p.m. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-10, A RESOLUTION AUTHORIZING ENGINEERING AND TECHNICAL ASSISTANCE AGREEMENT NO. ETA 2055 BETWEEN THE CITY OF PLYMOUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR 1978. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Counc,11- member Hoyt, to adopt RESOLUTION N0, 78-11, A RESOLUTION AUTHORIZING THE 1978 MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT WITH THE CITY OF PLYMOUTH, Motion carried on. a Roll Call vote, five ayes. MOTION was made by Count:!! :1;,'x q #;,meth, seconded by Council - MOTION 1- member Seibold, to aaopt RESOLUTION 140. 78- 129 A RESOLUTION ADOPTING ASSESSMENT FOR GLEASONI NORTH ADDITION, PLAT 43732, PARCEL 4400, PROJECT NO. 827, IN TIME AMOUNT OF $7,933.23. MDtion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Soibold, to adopt RESOLUTION NO. 78-13, A RESOLUTION DIRECTING THE PREPARATION OF A REASSESSMENT ROLL FOR PLAT 43736, PARCELS 7810 AND 7820, AND CALLING A PUFLIC HEARING ON 27TH DAY OF FEBRUARY, 197x. Motion carried on a Roll Call vote, five ayes. MO!" ON was made by Councilnv?tuber Neils, seconded by Council- memuer Spaeth, to direct staff to research and make recommenda- tion with respect to the probable need for a new assessment roll for assessments for the improvement benefit to the balance of the parcel over and above that which has already been levied. Motion carried, five ayes. RESOLUTION NO. 78-9 ORDERING PRELIMIN REPORT -TRAFFIC SIGNALS b CHANNELIZATION AT C.R. 6 & C.R. 61 RESOLUTION! N0, 78-10 0TRUMING EYN AMMENT MN DEPT. OF TRANSPORTATIO: Item 7-G RESOLUTION N0, 78-11 A DEPT. OF TRANSPORTATILd AGENCY AGREEMENT FOR 1978 Item 7-G RESOLUTION NO. 78-12 DAOPM6ASMSM GLEASON NORTH ADDN, PLAT 43732 -PARCEL 4400 Item 7-H RESOLUTION NO. 78-13 DIREC 1 C OREM REASSESSMENT ROIL WEESTRAND PROPERTY Item 7-I Special Council Meeting January 9, 197R Page 10 MOTION was made by Councilmember Spaeth, seconded by Council - member Seivola, to adopt RESOLUTION N. 78-149 A RESOLU11%., REDUCING DEVELOPMENT BOND FOR THE SCHMIDT LAKE WOODS ADDITION A-681) TO $769404.00. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-15, A RESOLUTION REDUCING DEVELOPMENT BOND FOR MISSION RIDGE ADDITION (A-338) TO $29100.00. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmembler Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-16, A RESOLUTION REDUCING DEVELOPMENT BOND FOR MISSION RIDGE 2ND ADDITION (A-338) TO $11,97C.00. Motion carried on a Roll Call vote, five .ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt. RESOLUTION NO. 78-17, A RESOLUTION REDUCING DEVELOPF4CNT BOND FOR MISSION RIDGE 3RD ADDITION (A-338) TO $15,845.00. Motion carried on a Roil Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adapt RESOLUTION NO. 78-181, A RESOLUTION REDUCING DEVELOPMENT BOND FOR MISSION HILLS PARK ADDITION A -338j 'TO $9.750.00. Motion carried nn a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded member Seibold, tto adopt RESOLUTION NO. .78-19, A REDUCING DEVELOP14.01T BOND FOR MISSION HILLS PARK A-338) TO $20,600.0. Motion carried on a Roli Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded xmb%r Seibold, to adopt RESOLUTION NO. 78-20, A REDUCING DEVELOPMENT FOND FOR FERNDALE NORTH 1ST A-615) TO $429404.00. Motion carried on a Roll Call vete, five ayes. by Council - RESOL!1TIGN 2ND ADDITION RESOLUTION NO. 78-14 E UVIff CiP) . BONU` SCH14IDT LAKE WOODS A-681) Item 7-J-1 RESOLUTION NO. 78-15 REDUCING DEVPT. TOMD MISSION RIDGE An.DITI3N A-338) Item 7-J-1 RESOLUTION NO. 78-16 UD 11 P , ANT MISSION RIDGE 2ND ADDN. A-338) Item i' -J-1 RE``.,UTIGPI NO. 78-17 FoMR11 s' w N6 MISSION RIDGE ?RD ADDN. A-338) itel, 7-J-1 RESOLUTION NO. 78-18 REDUCING DEVOT. FWD MISSION' HILLS PARK ADON. A-338) Item 7-J-1 RESOLUTION NO. 78-19 MISSION HILLS PARK 2ND ADDITION (A-338) Item 7-J-1 by Council- RESOLUTION NO. 78-20 RESOLUTION A UCING ADDITION FERNDALE 110?T4 1 ST ADDN . A-615) Item -J-1 MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-21, A RESGLUTION APPROVING CHANGE ORDER NO. 2 IN THE AMOUNT OF $650.10 TO BE DEItTPO FROM THE CONTRACT AMOUNT TO BROWN Ml 'EAPOLIS TANK COMPANY F3R SEEDING AREAS AROUND STANDPIPE WATER TANK NO. 4. IESOLUTION NO. 78-21 1 MOV ING '51ANGE ORDER FOR STANZ"IPE WATER TANK NO. 4 PROJECT 10. 605 Item i -K-1 Specia; Council Meeting January 4. 1978 Par Motion carried on a Fbl l Call vote, five ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO, 7842. A RESOLUTION APPROVING CHANGE ORDER NO. ;1 IN THE AMOUNT OF $3,306.13 TO BUR14 CARLSON, INC. FOR THE BITUMINOUS SURFACING OF 8TH AVENUE UNDER PROJECTS 706/612. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION NO, 78-23, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 3 IN THE AMOUNT OF $1,386.60 TO NATURAI. GREEN, INC. FOR PRJJECT NO. 605-002, LANDSCAPING FOR WATER RESFRVOIR N0, 4. Motion carried on a Roll C 11 vote, five ayes. MOTION was made by Councilmwt er Seibold, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-24, A RESOLUTION, AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OF $1089582.19 TO VIET & COMPANY, IN -C. FOR PROJECT N0, 611-001, DOWNTOWN PLYMOUTH STREETS. Motion carried on a Roll Call vote. five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLJTICN NO. 78-25, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 1 ELECTRICAL CONTRACTOR IN THE AMOUNT OF $2,007.00 TO WEAVER ELECTRIC COMPANY, INC. FOR CITY HALL BUILDING PROJECT NO. 615. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-26, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 3 GENERAL CONTRACTOR IN THE AMOUNT OF $73,620.00 TO H. P. DROHER & SONS, INC FOR CITY HALL BUILDING PROJECT NO. 615. Motic-i carried on a Roll Call vote, five ayes. MOTION was made by Councilman Seibold, seconded b,,• founcil- member Neils, to adopt ORDINANCE NO. 78-2, AN ORDINANCE REPEALING ORDINANCE NO. 68-8 AND ALL AMENDMENTS THERETO AND ADOPTING THE JANUARY 9, 1975 DRAFT OF THE ZONING ORDINANCE AND MAP, Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmemher Spaeth, seconded by Council- membrr Neils, to adopt RESOLUTION NO. 78-27, A RF>OLUTIQN APPROVING CONTRgCTIK" OF A PROFESSIONAL FIRM OF 'i E CITY MANAGER'S CHOILL' I -VO, CONCEPT DESIGNS FOR THREE COMP' LAITY P'.AYFIELDS with the additional provision that the area of RESOLUTION NO. 78-22 APPROVING R 49TH AVE/LARCH LANE PROJECT N0. 706 Item 74-2 RESOLUTION N0. 78-23 APPROVING REQUEW— FOR PAYMENT N0, 3 LANDSCAPING WATER RESEIVOIR N0, 4 Item 7-L-1 RESOLUTION N0, 78-24 APPNG REQUEST FOR PAYMENT NO. 1 DOWNTOWN PLYMOUTH STREETS PROJECT NO, 611-001 Item 7-L-2 RESOLUTION NO, 78-25 APPROVINC Qt; S FOR PAYMENT NO. 1 ELECTRICAL CONTRACTOR CITY HALL -PROJECT 615 Item 7-L-3 RESULUTION N1,1. 78-26 APPROVIN&MORST FUR PAYMENT NO GENERAL CON'RACTO.? CITY HALL -Ph IJECi 615 Item 7-L•4 ORDINANCE h0. 78-2 L1 NOORDINA N0, 68-8 AND APPROVING ZGNiNG GRDINANCE AND MAP Item 7-0 RESOLUtION N0, 78-27 PPROVING OR COMMUNITY PLAYFIELDS CONCEPT DESIGN Item 7-R k Special Council Meeting January 9, 'I978 Page 12 priority need should not be shifted because the grant is denied. Motion carriec' on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to direct staff to open discussion with School District No. 281 concerning the possibility of purchasing the Junior High School site north of Zachary lane for a community playfield in terms of reimbursing them for what they originally paid for the property. Motion carried, five ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to adopt RESOLUTION N0, 18-28, A RESOLUTION APPROVING RENEWAL OF APPLICA(IONS FOR 1978 CIGARETTE LICENSES. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION was made oy Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-29, A RESOLUTION APPOINTING SHERMAN GOLDBERG AS DIRECTOR AND JOHN SPAETH AS ALTERNATE DIRErTOR OF THE SUBURBAN RATE AUTHORITY FOR 1978 AND UNTIL SUCCESSORS ARE APPOINTED. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember' Neils, member Seibold, to adopt RESOLUTION NO. APPOINTING JOHN SPAETH AS ACTING MAYOR COUNCIL DURING THE YEAR 1978. seconded by Council - 78 -30, A RESOLUTION FOR THE PLYMOUTH CITY Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council- tiember Seibold, to appoint the Minnetonka Sun as the official newspaper for the City of Plymouth for 1978. Motion failed, two ayes. Mayor Hunt, Councilmembers Hoyt and Neils voted nay. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-31, A RESOLUTION APPOINTING THE PLYMOUTH POST AS THE OFFICIAL NEWSPAPER FOR THE CITY OF PLYMOUTH FOR 1978. Motion carried on a Roll Call vote, three ayes. members Seibold and Spaeth voted nay. Council - RESOLUTION NO, 78-28 APPROVING RENEWAU 1978 CIGARETTE LICENSCS Item 7-Q RESOLUTION NO. 78-29 DESIGNATING DIRE & ALTERNATE DIRECTOR SUBURBAN RATE AUTHORITY FOR 1978 Item 8-B RESOLUTION N0, 78-30 APPOINTING ACTINGWOR FOR 1978 tem 8-A RESOLUTION NO. 78-31 APP61NTING OMCIFAU NEWSPAPER FOR 1978 Item 8-A Special Council Meeting January 9, 1978 Page 13 MOTION was made by Councilmmnber Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-320 A RESOLUTION DESIGNATING THE OFFICIAL GENERAL DEPOSITORIES FOR CITY f0DS FOR 1978 AND THE OFFICIAL DEPOSITORIES FOR THE CITY'S TEMPORARY INVESTMENT PROGRAM FOR 1978. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, seconded by Cnuncil- member Neils, to adopt RESOLUTION NO. 78-33, A RESOLUTION RATIFYING AND CONFIRMING SURETY AND BLANKET BONDS FOR CITY EMPLOYEES FOR 1978. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Spaeth, secpnded by Council - member Neils, to adopt RESOLUTION NO. 78-34, A RESOLUTION APPOINTING DR. FLOYD J. SWENSON AS HEALTH OFFICER FOR THE CITY OF PLYMOUTH FOR 1978. Motion carried on 4 Roll Call vote, five eyes. Councilmember Neils directed the Manager to consult the Suburban Public Health Nursing Service next year before appointing a City Health Officer for 1979. Mayor Hunt submitted the names of David Davenport and Virgil Schneider as Chairman and Vice Chairman of the Planning Commission for 1978. MOTION was made by Councilmember Seibold, seconded by Council- memeber Spaeth, to confirm the appointment of David Davenport and Virgil Schneider as Chairman and Vice Chairman of the Planning Conenission-for 1978. Notion carried, five ayes. Mayor Hunt stated he planned to contact the Chairmen of the City's various Boards and Commissions to discuss reappointment of members why se terms have expired in 1973 before finalizing appointments at the January 30 special Council meeting. MOTI tN was made oy Councilm -6E.•r Nerls, seconded by Council- inember Spaeth, to diiei.t sta,'g to ^rovide Council with 1977 attendance records and rosters of .he City Boards a,IJ Commissions. Motion carried, five ayes. MOTION wes made by Councilmember Spaeth, seconded by member Neils, to reappoint James Guddal to represent on the Park and Recreation Advisory Commission for a commencing February 1, 1978. Motion carried, five ayes. 13- Counci l - Distric;t #1 3 -year term RESOLUTION NO, 78-32 APPOINTING C DEPOSITORIES FOR 1978 Item 8-A RESOLUTION N0, 78-33 BLANKET BONGS FOR 1978 Item 8-A RESOLUTION NO. 78-34 DESIGNATING CITY HEALTH OFFICER FOR 1978 Item 8-A APPOINTMENT OF CHAIRMAN 8t VICE CHAIRMAN FOR PLANNING COMMISSION l'tem 8-C REVIEW OF APPLICATIONS CITY BOARDS 8 COMMSNS. Item B -D PRAC APPOINTMLNT Special Council Meeting January 9, 1978 Page 14 MOT!ON was made by Councilmember Hoyt, seconded by Council - member Spaeth, to reappoint James Threinan to represent District #1 on the Planning Commission for a 3 -year term commerc i ay February 1, 1978* Motion carried, five ayes. MOTION was made by Mayor Hunt, seconded by Councilmember Spaeth, to change David Davenport's appointment to the Planning Commission to an at -large position. Motion carried, five ayes. PLANNING COMMISSIO APPOINTMENTS MOTION was made by Councilmember Neil---., seconded by Courscf l - meinber Seibold, to appoint Maria Vasiliou to represent District #2 on the Planning Commission for a 2-yeEr term comencing Febru3ily 1, 1978. Motion carried, five ayes. MOTION was made by Councilmember Spaeth, seconded by Council- HRA APPOINTMENT member Neils, tn appoint Mayor Hunt to a 2 -year term on the Housing anj Redevelopment Authority commencing February 1, 1978. Motion carried, four ayes. Mayor Hunt abstained. MOTION was made by Counciomember Hoyt, seconded by Council - member Spaeth, to reappoint Kay tart to the West Hennepin Human Services Planning Board for a 2 -year term commencing February 1, 1978. Motion carried, five ayes. Councilmembe:- Neils requested a quarterly report of the activities of the West Hennepin Human Services Planning Board, Council discussed the possibility of changing procedures for inter- viewing :applicants to the various City Boards and Commissions. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to continue to utilize private interviews for applicants to the various City Boards and Commissions as has been done in the past. Motion carried, four ayes. Councilmember Hoyt voted nay. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt,to direct staff to develop a more up-to-date and more specific application for City Boards and Commissions that would give Council a better first look at the applicants. Motion carried, five ayes. 14- WEST HENNEPIN HUMAN SERVICES PLANNING BOARD APPOINTMENT lJ Special Council Meeting January 9. 1978 Page 15 Councilmember Neils suggested developing an outline form to be used for the interview process. Councilmember Seibold Suggested holding interviews at City Hall on Monday. January 23, to give the Council more time for the interview Process. Council agreed. MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to schedule ars open, joint meeting of the Council and the Planning Commission on the evening of January 26 at 6:00 p.m. at the Radisson Inn Plymouth. Motion carried, Five ayes. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION NO. 78-35 member Spaeth, to adopt RESOLUTION NO. 78-359 A RESOLUTION CONVEYING TAX FORFEIT REQUESTING THE CONVEYANCE OF CERTAIN TAX FORFEIT PARCELS TO PARCELS TO CITY FOR THE CITY OF PLYMOUTH FOR DEDICATION FOR PUBLIC USE AS PUBLIC USE FOLLOWS: Item 8-E PLAT PARCEL DEDICATED FOR PUbL.IC USE AS FOLLOWS: 44060 6000 Park Use/Street Right -ow -Way 44060 6200 Park Use/Street Right -of -Way 44560 2500 Holding Pond/Storm Drainage 44620 2050 Holding Pond/Storm Drainage Motion ..o;•ried on a Roll Call vote, five ayes. MOTION was mai{e by Councilmember Neils, seconded by Council - member Spaeth, to adopt RESOLUTION N0. 78-1369 A RESOLUTION ESTABLISHING PRVEDURES FOR USE OF CONSENT AGENDA BY CITY COUNCIL adding I0m 5 requiring that consent agenda items shall be introduced by the City Manager and identified at least by subject matter or petitioner at the beginning of the Council meeting. Motion carried on a Roll Call vote, five ayes. Manager Willis reviewed the revised resolution from the Hennepin County Park Reserve District Board authorizing acquisition of property within the north half of Sections 1 and 2 of the City of Plymouth for expansion of Eagle Lake Regional Park (A-779). Council discussed the question of the Park Reserve DistrIct's share of the assessments for proposed water and sanitary sewer improvements for the area. Mayor Hunt directed the City Manager to inform the Park Reserve Board that it was andremains the Counr;l's position that area - type special assessments be made as if the property were developed as residential. The meeting was adjourned at 1:05 a.m. 15- RESOLUTION N0, 78-36 ESTABLISHING AGENDA USE BY COUNCIL Item 8-F HENNEPIN COUNTY PARK RESERVE BOARD LAND ACQUISITION -EAGLE LAKE REGIONAL PARK (A-779) erK