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HomeMy WebLinkAboutCity Council Minutes 08-07-1978Page 193 MINUTES REGULAR COUNCIL MEETING August 7, 1978 A regular meeting of the Plymouth City Council was called to order by riay cr Hunt at 7:36 p.m. in the Council Chambers of the Public Works Building at 14900 Twenty* third Avenue North on August 7, 1978. PRESENT: Mayor Hunt, Councilmembers Neils and Spaeth, Maneger tive Assistant Boyles, Park Director Born, Engineer and Attorney Lefler, ABSENT: Councilmembers Hoyt and Seibold, DA* CONSENT AGEN MOTION was made by Councilmember Neils, seconded by member Spaeth, to approve the items on the Consent with the exception of Item E-2, Motion carried on a Roll Call vote, three ayes, MI._.Tg - Council - Agenda MOTION was made by Councilmember Neils, seconded by member Spaeth, to approvn the minutes of the July 31 Council meeting as submitted, Motion carried, three ayes, Council - special PUBLIC ILFAR I NGS A. Project-, No. 801 - Vicksburg lane - C,R, 9 to C,R, 47 B. Project No, 853 - Vicksburg Lane - Highway 55 to C.R. 9 W-Illts, Administrate Moore, Planner Tremere, CONSENT AGENDA* Item 4 MINUTES - REGULAR COUNCIL MEETING Item 5 PUBLIC HEARINGS PROJECT NO, 1301 PROJECT N0, 853 VICKSBURG LANE Item 6 Manager Willis reviewed the requirements and procedures for the public hearings and announced that notices of the hearings were published in the P1 Muth Post, written notice was mailed to each property owner In the improvement area, and discussions were held at Council meetings on the subject projects, He then explained the special assessment policies and procedures followed by the City, Ile stated the costs indicated in the Engineer's information sheet are estimated costs for each project and do not take into consideration possible cost -savings that could be realized by combining the projects, lie reviewed the estimated coats and the Assessment Committee's recommendations for Project No, 801 that assessments be levied as if it were a residential street with the balance paid from M.S.A. funding and that a defe rnient policy be established for any divideable parcel of land providing that the balance of any assessment for more than 300 feet of frontage may be deferred until such time the land is subdivided and developed, Consulting Engineer Olson reviewed both projects in detail, 193- Regular Council Meeting August 7. 1978 Page 194 Mayor Aunt opned the public hearirix at 8:00 p.m. Ime 011,1011 4626 Vicksburg Lane stated she felt it was unfair for the ie at ve y few families on Vicksburg Lane to pay for improving a City thoroughfare and suggested that upgrading the road by adding Wre gra-,,el and improving maintenance would be sufficient for residents of the area. Fhe stated the City should pay for the improvement project with assistance 0%om the Count yy and State. Councilmember Neils stated the residents would be assessed oniy for costs of a typical residential street and the City would utilize M.S.A. funds for the additional costs of upgrading the :ktreet to a full urban section thoroughfare, Engineer Olson stated it was not the practice of the County to participate in cost-sharing for street construction, Ed Theis. 5635 Vicksburg Lane, stated his land was all in Green Acres and asked what his costs would to per acre, Mayor Hunt replied she assess- ments would be strictly on a frort-foot basis and, if the Assessment Com- mittee's recommendation was adopted, assessments would be levied now for 300 ft, and assessments for anything o.-er 100 ft. would be deferred until such time the pruperty was divided dnd builoing permits applied for. Mr. Theis stated he felt residents should . it have to pay one-third of the costs of developing a City thoroughio e. Vern Do-rsetth men , 5460 Vicksburg Lane, stated he could not afford the assess - t dor L,,e 330 ft, he has on Vicksburg Lane and "clt it was not fair for resi.itnts to pay for improving a City tuoro:49hfare which was going to benefit the Downtown Plymouth shopping area pr'marily. ,ouiicilmember Spaeth replied Project No. 853 (Highway 55 to C.k. 9) was petitioned fnr by the Plymouth Hills Company but Project No. 801 (C.R. 47 to C.R. 9) was proposed by the Council to complete the City's Thoroughfare Guide Plan and to provide better police and fire proteC ion to residents. Don Schwie, 5215 Vicksburg Lane, questioned tte speed limit mn Vicksburg. ayor ui£ replied the State recently establi0ee a 40 m.p.h. speed limit between C.R. 47 and C.R. 9 after completing a traffic study of City st;reets. Mr. Schwie asked for an explanation 7f Municipal State Aid funds. Sngineer Olson explained the formula for distribution o` M.S.A. funds. Jim Guodel. 4460 Vicksbk.rg Lane, asked where utilities wuuid be located on Vieksburg lane eventually and whether there woul.1 be arty consideration of putting ruwer lines underground, Engineer Olson responded that considera- tion is being even to putting water and ::toren sewer along the ditch and urinaing sanitary sever in from the residential streets abutting V',cksburg. Mr. iiuddal luestinned the maintenance costs on Vicksb1irg. Manager Willis reOied continually N)kplacing gravel rig Vicksburg Lane is a permane,.' exrtonse and vmuld only postpone the ultimate expense for the improvement project es traffic increases in the area. Al Goblirsc. , 5505 Vicksburg fan.:, claimed although rtsiclents will be assessedov the cost of a typical residential street, they w111 not he receiving the henefits of residing on a residential street but will be exposed to an excessive amount of traffic. He questioned if they could be assessed again if the street was widened in the future Councilmember Neils rtgplied the most they could be asseised for in the i,%ure would be for curb and gutter costs. 194- 0 r Regular rowKil Meeting August 7. 1975 NO, 19b Owed,Jr„ohnson, Sl id, Vi eksburg Lane, stated he felt, in this .:ase, progr4ty sou d decrease the quality of life for :he residents and leis roai-w4 eot being Wilt for the benefit of :he residents. He'felt the City should.bear the costs for improOng a City thorou- fare with assistance from the County. Mayor Hun: replied the City's General Fund may not be u6ed for building streets a+ld -the County does not have funds for building streets. A.% Johnstrn asked that the speed limit not be rai'sAd after the street is improved. Manager Willis re liad tine City cannot change saa,ed limits on City streets. The-gtate Highwir Npartment is respors6le for determining safe speed limits for City streets after conduit;h}1 speed tests and traffic counts. Mr. Johnson requested Oe City tr petition for underground utilities for the area since'widening and mtanQin the grede in the rtiad will result in some hms being very :lose to power lines. He asked Af it would he possible to obtain a profile of the proposed grading for the project. Ensneer 0?:on replied the proposed grade will be less rolling and hilly then the i.resent road which will mean sonsr sections of the road wi 11 be tut down as much as 3-4 feet to make a safer roadway #cod provide drainarizo, A peelimina;y profile i!: available at the City Engineer's office. Jackor, 55x0 Vicksburg Lane, had no statement to make. i1cl y1lliams, 4925 Vicksbklrq '..ave, questioned the assessmer rate for a rerdential street. Mayor Hula replied the assessmt a ;ould be based on a 32-fto wide residential street. Mr. Williams asked why improvvi"nts on Vicksburg '.ane were being const -;awed at the present time since it was not inOuced in the 5 -Year CA.P. and slated he fel: the nresei,t -oaJ would be adeouate for residents if it were property maintairsed, tie felt improvements tv the road would only benefit people, other then resident:,, tralelUng back and forth. Mgor Aunt replied Virksburg Lane has been considered every year rhe 5 -Year C.I.P. is reviewed but is being proposed at this timR because of s4 V main- tenance protlems on the roae and the cost savings that coul•- to realized by combining this portion with Project No. 853. Mr. Willian.. stated he opposed the r.roject. Robert 0 t um, 4825 Vicksburg Lane, oppuscd the pro qct because of 1 exces' ve costs to homeowners in the area with largely rural parcels and because the improvements would not benefit the residents, Mr. J. June, 4510 Vicksburg t.ane, asked what the assessment period was. Mayor Huntreplied the assessment would normally be spread ovrr In years. Mr. June stated if the mropertj abutting his was iised for a land fill by the County, he felt the roAd should not he improved becau4e of the heavy truck trgffic that would, result in this use. Manager Willis replied the O Ly has opposes Lhe County's consideration of this site as land fill since it would be on improper use of this land. He also responded if the: p oJeet is ordered it would be undertaken in 1979, asses..ed in 1980 attd the first payfferit would be due in 1481. 195- Regular Council Meeting Atiqust y, 1978 Pages 196 Mr.%0. A. o , 5135 Vicksburg lane, spoke in opposition to the project Because he Telt residents should not pay for upjrading a City thoroughfare. He esked if the proposed road between Vicksburg and Dunkirk wcvld funnel more traffic onto Vicksburg and asked how many trees would be taken out for the project. Engineer Olson replied an estimated 500 trees would be removed fron the roadway. 50 percent of which were elros. Rod Sti Inds 4025 Vicksburg One, asked why iMrovements were proposed mien flighitay 55 and C.R. 9. Mayor Bunt replied thi prosect was peti- tioned for by Plymouth Hills CcV. any. Mr. Stivland stated since his was the only single-family home in the area, he felt the assessment would be prohibitive and opaosei the project. Councilmember Neils responded Mr. Stivland would e assessed on this basis of a residential street at present. If the land changes to commercial use, the remainder of the assessment would be picked up at that time. Engineer Olson quoted rates for utilities for residential land. Dennis Arne, 4435 Vicksburg lane, stated since utilities are: not planned or this arca for another 4-5 years, the area is rnt developing at a great enough rate to warrant this improvements project on Vicksburg a,id it wou)d only be for the benefit of the Downtown Plymouth ah-pping area. I'layor Hunt replied the Council is proposing the project because of severe maintenance And school bus problems and to provide better police and fire protection to residents. Mk•. Arne claimed the proposed assessment was not equitable for rural lots with 300 f:, frontage and opposed the project. KU Stivland, 4025 Vicksburg Lane, they bought this property because they injoy the rural stele of life aid had beer. assured thero were no plans for bringing sewer and water into the area for at least 4-5 years. She asked why a 4 -lane road with curb and gutter was being ;proposed. Mayor Hunt replied with antizinated development in the area the quad should be built to Its ultimate design now to avoid further reconstructioh costs in the fut,uro. Mrs. Stivland asked that some consideration be given to present homeowners who would like to continue their way of life and continue to ride their horses in t:ie area. She asked if the City trail system will be comp:eted in the area in conjunction with this project. Engineer Olson responded threre will be enough right-of-way on each side of the road for bike riders and equestrians. Manager Willis replied trail easements will be acquired along Plymouth CreAk throuch the P1 muth Hills development and will be avai'able for use in its present condition, but total development of the trail system will twice many %ears. ia ;oqk, 5600 Vicksburg lane, asked when sanitary sewer was plannedYd r'Nrr area. Manager Willis replied not before 10 years. Richard navidelt, 4420 Vicksburg lane, asked what problems justified an 1966.300mT'prov`ement projec:. Mayor Hunt replied maintenance costs are increasing annually on Vic'.iburn to Deep the roal pussahle for school buses and police and fire vehicles. Counci1memher Neils responded that gravel roads in Plymouth were never built to oe all-weather, permanent roads. All these roads will eventually be improved; the question is when, not if. 196- i 1 1 Regular Council Meeting August 7. 1978 Page 197 Mr. Davidelt stated all the residents were opposed to this project at the present time and asked if it was befog proposed to enco-.irage development. Mayor Hunt replied the deferment pol+cy being proposed by the Assessment Committee indicated it was not the Council's intent to encourage development of the area. Councilmember Spaeth responded since the area north of C.R. 9 will be developing in the next few years with the availability of sewer and water, improvements for Vicksburg will be ordered along with future development, but costs for the improvements will escalate each ye;.r. Engineer Olson responder: a project this large will keep costs down to a minimum. Each citizen in Plymouth will eventually pAy for a street equivalent to its use, and inflation will continue each year raising costs for improvements each year. Mrs. Deziel inviter) a representative from the Council to attend a neig9bor ood meeting to discuss the proposed .mprovement project. Mayor Hunt offered to attend the meeting to re;.resenc the Council. Damon Whitmore,, 5115 Vicksburg Lane, questioned the proposed combination o roects and 853 grid asked if there w-auld be a cost savings for Project No. 801 if th , dirt proposed to be utilized in Pro.,ect No. 853 was not moved at all. Engineer Olson replied the road is designed to provide safe driving and sight distance which would require the same amount of dirt to be removed and disposed of, whether or not it is utilized for Project No. 853, M,, Whitmore opposed the project at the present time. Dwaine Johnson stated he owns two parcels (8850 and 8920) with 651 ft. frontage, one of which his home is located on, and asked if they would be treated together or as separate parcels for a;osessment N,:,&roses. Mayor Hunt replied they would be treated separately unles.• the llry*s were consolidated. The hearing was closed at 10:00 p.m. MOTION `les made by Councilmember Spaeth, seconded by CouncilmoMber Neils, to defer action on this item until the special August 2C Council meeting. Motion carried. threE Ares. PFTITIONS,1 REQUESTS AND COMMUNICATIONS Planner Tien+ere reviewed Lundgren Bros.' request for lot divisionf consolidation of platted land in Lot 1, Block 1 Chippewa Trails and Lot S, Clock 2 Chippewa Trails 2nd Addition. MOTION was made by Councilmember Neils, Spaeth, to edopt RESOLUTION NO. 78-4?1, DIVISION/CONSOLIDATION OF PLATTED LAND CONSTRUCT;ON (A-498%6 seconded by Councilmember A RESOLUTION APPROVING LOT FOR LUNDGREN BROS. Motion carried on c Roll "all 1o•.:, three ayes. The Council recessed froin 10:00 to 10:10 p.m. 197- RESOLUTION N0, 78-477 A PROVING LOT CONSOLT DIVISION PLATTED LAND LUNDGREN BROS. CHIPPEWA TRAILS(A-498, Item 7-E-2 Regular council Netting August 7, 1978 Page 148 Manager Millis suggested that Council consider Frederick Mengelkoch's request for lot division of urrplatted property along with Norman Jarnes' concept plan for RPUD 78-5 in nort"reast quadrant of C.R. 9 and Trenton Lane. Council discussed the relattunship of the ,!v!5 1on to the proposed RPUD, which includes the northerly and,greater portion of phis proposed division, and the fact that it is effectively part of the overall developmer:t, Planner Tremere stated the proposed Nengelkoch lot division would create problems in planning the RPUD, He felt separate t:,eatment of the Junes' exception was problematical, since it represents a remnant; parcel, ,*n consideration of the LA -4 guiding of this area, Rick Sathre, representing Norman Jarnes, stated Mr. Mengelkoch wants to conte ueLo live in his present home in the southern portion of the proposed division and changing the ownership of the. lane would make him a party ire the development and perhaps create a problem for the developer and kr Mr. Mengelkoch, Fred Mengelkoch, 10440 Rockford Road, stated since the proposed realignment o ountyoad9 will bring the road across his property very close to his Iwme, he has been unable to sell his home and was forced to split his 2.37 rr•e tot off and sell the rest of the property to Mr. Ja nies to make it possible for him to remain in his home and pay his tastes. Councilmember Spaeth askew if Mr. Mengelkoch could move his driveway to Trenton Lane to limit access to County Road 9, Mr, Mengelkoch replied he would be forced to move his driveway when future County Road 9 was constructed, bu-:, if he moved it to Trenton Lane at present he would have no access to the east, Councilmember Spaeth s:ggested if Mr, Men- gelkoc% wo!"e to combine his lot into the RPUD it would allow him to have drivew4y access to the plat and allow she RPUD to acid another building lot, compensating Mr. Mengelkoch for thr right-of-way he is obliged to dedicate to the County, foluncil discussed right -of. -way needs for proposed County roads and means of prntp,,cting 1%esidents from unreasonable demands for right-of-way dedic,t:rn. Ma%,nr Hunt stated he felt more than 80-100 feet of right- of-way &o.14catior, was unreasonable. WTION was made by Cwncilmember Neils, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 78-478, A RESOLUTICN APPROVING CONCEPT PLAN FOR NORMAN P, JARNES FOR RPUD 78-5 IN ThF NORTHEAST QUADRANT OF LOUNTY ROAD 9 AND TRENTON LANE A-818) with the following .dditicns: Condition 8 requiring that driveway accRss rights to County Road 9 for the exception parcel be dedicated to the City, «ith driveway access for the house on that iarcc1 to be movod to Trentoo Lane; Condition 9 eliminating access to County Road 9 by the north/south public street f ram the RPUD: bl d CL.:ciition 10 requiring the RPUD to provide puc-lis st%-%et access to the easterly boundary of the exception oarcei. 198- C RESOLUTION NO, i8-478 MOIINNu CMCEPT PM RPUD 78-5 NORMAN JNRNES C.R, 9 b TRENTON LANE 11-818) Itrm 7-A A I h _*1 august 7, 1976 Page 199 IS, V. NOTION TO AMEND was made by Councilmember Neils, seconded by Ccuncil- 7=6er Spalth, by addinC Condition 11 requiring the developer to petition for a public improvement posect to provide a public street access to Nathan lane prior to f',nal platting. Notion to amend carried, three ayes. John Gabrielson, representing Caldwell -Baker, staked they were developing the parcel to the last of the Jarnes RPUD and inquive if two connections to Nathan mane would be required. Councilmember Neils replied only one connection w)uld be required. NOTION TO AMEND was mmma,3p, by Counci lmmferber Neils, seconded by Council - member Spaeth, to substitute the folltwing Ianggauage for that in Condition 5, "Determination of appropriate dlRdication of County Road 9 right, -of -way from the proposed RPUD and the exception parcel." Motion to amend carried, three ayes. Notion to adopt Resolution No. 78-478, as amended, carried on a Roll Call vote, thref. ayes. MOTION was made by Counci*,..ember Neils, seconded by Council - member Spaeth, to defer action on Fred Me>>gelkoch's request for lot division of unplatted property pending resolution of the 0fecting ;onditions on the Concept Plan approval for the Nommm n Jarnes RPUD 78-5. Motion carred, three ayes. Greg Baker, Caldwell -Baker, stated they have retained W Associates to do the platting of the area, but the seller has required that the plat not be recorded u!,til the sale is completed. He presr•%t?d Mayor Hunt wi-ch a letter of intent frim W & Associates stating their intent to plat the land. Councilmember Neils questioned if the site plan coul.i be approved without access to fire lane being indicated. Planner Treinere stated followinq initial review of the site plan by the Planning Cnn.mission, petitioner al:;:.%oached the Fire Marshall and the Fire Marshall indicated tic) would like to see emergency vehicle access around the entire building Petitioner proposed that the land around the building be developer', to h^ld the weight of ewrgency vehiclos but not he developed as a driveway. Council discussed the neer' to get completely around the building with fire lanes and between the adjacent commercial buildings. Planner Tremere suggested. providing surmountable landscaping to provide access between buildings. 199- LOT DIVISION! UNPLATTED PROPERLY FRED MENGELKOCH (A-613) Item 7-E-1 SITF, PLAN FOR OFFICE SUILUING-w. PETERSON A-837) Item 7-B Regular Council Meeting August 7. 1978 Pigs 200 NOTION was made by CourwCA lmember Neils, secanded by Counci 1- mefter Spaeth, to adopt RESOLUTION NO. 7A479, A RESOLUTION APPROVING SITE PLAN FOR WILLIAM S. PETERSON AT NW CORNER OF CO NIiY POADS 9 AND 18 (A437) with thR addition of Condition requiring co.isolidation and platting of percels to be accom- plished and toning to be finalized prior to the issuance of building permits. Notion carried on a Roll Call vote. three ayes. NOTION was made by Councilmember Neils. seconded by Council- mwber Spaeth, to direct the Manager to pr4are a policy resolution which clearly aipells out criteria for hydrant locations, sprinkler systems and fire lanes for site plan requirements. Motion carrled, three ayes. MOTION wac made by C(rinci lmember Neils, seconded by Coui.ci l - me-aer Spesth, to adopt RESOLUTION NO, 7b-4809 A RESOLUTION i%PPROVING SITE PLAN AK"ENT AND COIDITICXAL USE FERM.IT FOR METROQUIP, INC. (A-746). Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Ne;ls, seconded member Spaeth, -to adopt RESOLUTION NO. 78-481, A APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ADDITION FOR GEORGE LARSON (A-267). Motion carried on a Roll Call vote, three byes. RESOLUTION N0. 78-4?9 XFPRDWWS ITE PLAN FOR WILLIAM 8 PETERSON (A•837) Item 7-8 RESOLUTION h0. 78-480 WPROVIN E FLAN— AMENDMENT 6 CONDITIONAL USE PERMIT FOR METROQUIP, INC. (A-746) Item 7-C by Council- RESOLUTION RESOLUTION N0. 78481 WESTL44N APPROVIRFFINAL PLAT A DEVELOPMW CONIRACT WESTLAWN ADDITION GEORGE LARSON (A-267) Item 7-D* MOTION was made by Councilmember Nei ,econded by Council - member Spaeth, to adopt RESOLUTION NO, 78482, A RESOLUTIC,N SETTING CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLot OF WESTIAA ADDITION I'OR GEORGE LARSON (A -?67). Motion carried on a Roll Call vote, three ayes. MOTION was made by CouncilmmrA)er Neils, seconded by Counci1- witar Sp#eth, to adopt RESOLUTION NO. 78-483, A RET)OLUTIGN APPROVING CONDITIONAL USE PERMIT FOR HOME OCCUPATION TO OPERATE A BEAUTY SALON FOR GEORGIANN BURSCH (A-835). Motion carried cm a Roll Call vote, three ayes. MOTION was nmJe by Counci imember Net' i s, secondr:d by Council - member Spaeth, to adopt RESOLUTION NO. 78-4839 A RESOLUTION APPROVING C,ONDITIOMAL USE PERMIT FOIA WHEEL GOUDS C4NTER FOR RETAIL. DISPLAY AND SALES OF CARPETING AT 111rU HIGHWAY 55 A-453)6 Motion carried on a Roll Call vote, three ayes. 200- RESOLUTION y0. 78-482 FOR FINAL PLAT WESTLAWN ADDITION GEORGE LARSON (A-267) Item 7-D* RESOLUTION NO. 78-03 Op 1I 'SUM OAC USE PkRMIT FOR HOME OCCUPAT WIN -BEAUTY !HOP GEORGIANN 8URSCH(A-835; Item 7-F-1* RESOLUTION NO. 78-484 AT.' rA'31%116 r USE ER'IIT FOR WHEEL CJODS CENTE RETAIL DISPLAY 8 SALE OF CARPETING A-453) Item 7-F••2* 6 August 7, 1978 Sage 201 NOTION was made by Councilownber Neils, seconded by Council - member Spaeth, to adopt WOLUTION N0, 784859 A RESOLUTION APP JVING LANDSCAPE BOND REDUCTION FOR BUHLER-MIAG SITE AT 1100 XENIUN LANE (A-646) 1-0 THE AMOUNT OF $7,n00. Motion carried on a Roll Call vota, three ayes. MOTION was made by Councilfwmber Neils, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 78-4869 A RESOLUTION CANCELLING HEARING ON IMPROVEMENT PROJECT N0, 702. 23RD AVE. 25TH AVE. AND CHESHIRE LANE. Motion carried on a Rall Call vote, three ayes. MOTION was made by C,)uncilmemher Neils, seconded by Counci1- memoer Spaeth, to ar..':opt RESOLUTION NO. 78-487, A RESOLUTION ORDERING PREPARAT'I04 OF REPORT ON IMPROVEMENTS FOR SC14MIDT LAKE HILLS ADDITIOK (FORMERLY C:.LLED SCHMIDT LAKE WEST 2ND ADDITION). Motian carrier on a Roll Call vote, three ayes. MOTION was made by Councilmember Neils, seconded by Council - member Spae&Ph, to adopt RESOLUTION NO. 78-488, A RESOLUTION APPROVING (,HANGE GIRDER NO. 1 FOR 1978 cTREET IMPROVEMENT PROJECT DELVING THE AMOUNT OF $7,461. Motion carried cm Q Roll Call vote, three ayes. REPORTS 0i: OFFICERS, BOARDS AND COMMISSIONS MOTI014 was made by Councilmember Spaeth, seconded by Council. - member Neils, to appoint Connie Scott to the Pl .mtouth Human Rights Commission to complete the unexpired term of Mr. Darel Swenscn, ending January 30, 1381. Motion carried, three ayes. W)TION was made by Mayor Hunt, seconded by Councilmember Spaeth, to appoint Connie Scott as Chairman of the Human Rights Commission for the remainder of 1978. Motion carried, three ayes, MOTION was made. by Councilmember Neils, seconded by Council - member Spaeth, to adopt RESOLUTION NO. ?8-489, A RESOLUTION APPI;OVING THE PARKS MAINTENANCE AND OPERATIONS PLAN AS SUB- MITTED IN DIRECTOR GORN'S MEMORANDUM DATED AUGUST 2, 1978. Motion carriEd on a Roll Call vote, three ayes. RESOLUTION N0, 78-135t. APPROVING LANDSCAPE BOND REDUCTION BUHLEA-MIAG SITE A-646) Item 7-G* RESOLUTION NO. 78-486 COCELLING PROJECT N0, 702 23RD & 25TH AVENUES CHESHIRE LANE Item 7-H* RESOLUTION NO. 78-4g7 6RUEVING PREEIMIURY REPORT-SCHMIDT LAKE HILLS ADDITION Item 7-1 RESOLUTIONv NO. 78-468 APPROVIN `E'OUR 1978 STREET !MPROVEMEN' Item 7-0* APPOINTMENT TO PLYMOUT HUMAN RIGHTS COMMISSIC Item 8-A RESOLUTION NO. 78-469 W ROVPARKS MAINTENANCE AND OPERATIONS PLAT! Item 8-B I -. i 41 A Mo. V , _ IT* %P I. . August, 1, 1978 Page 202 Council discussed Park Director Born's recommendation to close out the contract for Neighborhood Park construction with All American Recreation and Sales, Inc. with 6 payment of $91,212950 against the full contract of $98,278.50 and apply the balance, 1,066, against estimated repair costs for work not completed or inadequately completed by t:ie+n and 1 iquidattd damages for additional consultant fees. Park Director Boni rep'ied to Council's questions about the delays of the neighborhood park program and the quality of work that was done, Jerry-_S_chiltz, All Americar, Recreation, stated the major problem was weal e`rconditions which caused the delays in sodding, the poor quality of the sod and the inaccessibility to the trails, He reviewed the problems he had encountered because of poor weather conditions, Councilmember Neils stated because Council granted an extension to the contract on September 26, 1977, as requested by All American Recreation and Sales, until October 13, 1977, and payment has already been made to them of $79,895, the v...rk must be completed and the costs recovered, Mayor Hunt stated the Neighborhood Park Program had already been delayeJ for o ie year and no further delay could be contemplated. He felt no farther payment should be madE until the parks were in the condi-:ion provided for in the contr4ct, NEIGHBORHOOD PAR DEVELOPMENT' Item B -C Tom S hiltz , All Aperican Recreation, stated work on the project was started on time but the seeding was delayed because the specifications for topsoil were so unusual as to require them to be char.ned before seeding could be started, This delayed their seeding program and poor weather conditions prevented much seed from ge midnating and allowed barnyard grass and weeds to take over, He felt they completed the seeding project to the best of their ability, considering weather conditions, and since the results are not satis- factory the, wi%hed to have the option to go back and completely reseed these areas to complete the contract, MOTION was made by Mayor Hunt, seconded by Councilmernbei, Neils, to adopt a RESOLUTION AUTHORIZING TERMINATION OF CONTRACT WITH ALL AMERICAN RECREATION AND SALES, INC. striking Conditions 1 and 2 and substituting the following, "The contract with All American Recreation and Sales, Inc, be terminated and no further payment be made until work is completed and accounted for and staff come back with an estimate for the balance of completion on October 31," and striking Conaition 3 from the resolution. Mayor Hunt directed the staff to research the Wehrman Chapman Associates contract further to determine why additional inspections were made in the neighborhood parks if work was not progressing, 202- August 7, 1978 Pn,e 203 SUBSTITUTE MOTION wiAs made by Councilmember Spaeth, seconded by Councilmember Neils, to adopt RESOLUTION NO. 78-4909 A RESOLUTION AUTWORI6MG TERMINATION OF CONTRACT WITH ALL AMERICAN RECREATIOii ",SID SALES, INC. with the following conditions: 1) the C' -.y keep double the estimate ($6,211) made by Mr. Franzen tc reonipl ete the park sites and pay All American Recreatior and Sales, Inc. any remaining balance at the time of completion zgid 2) staff retorn to Council in October, 1978 with a completion status report, and striking Condition 3 from the resolution. Motion carried on a Roll Call vote, two ayes. Mayor Hunt voted nay. Manager Willis reviewed his proposal for a Public Safety Depart- ment. Council discusses the pt)sraibility of hiring a police chief at the present tine who could eventually take over as public safety director at such time a Department of Public Safety was established. Councilmember Neils expressed concern about escalating salaries if a public safety director was hired at this time and in a few years a police chief may be needed in addition. He felt further discussion should be deferreduntil the full Council was present. Manager Willis reviewed the services provided by Public Productivity Institute, Inc. in the recruitment and selection of a police chief. Mayor Hunt stated there must be citizen participation in the selec- tion of a police chief or ;public safety director and to assist in determining the public s-ifety needs of the community. He requested that this item be brought back for Council discussion on the August la agenda. MOTION was made by Councilmember Spaeth, seconded y Council - member Neils, to adopt RESOLUTION NO. 78-4910 A RESOLUTION SUPPORTING THE PROVISION OF COMMUNITY HEALTH NURSING SERVICES TO INDIRECT SHARE COMMUNITIES )THROUGH TWO VENDORS. Motion carried on a Roll Call vote, three ayes. The meeting was adjourned at 1:10 a.m. 117e City Clerk 203- RESOLUTION NO. 72-490 AUTHOR17INGC C TERMINATION - ALL AMERICAN RECREATION AND SALES, INC. Item 8-•C PROPOSED PUBLIC SAFETY DEPARTMENT Item 8-D RESOLUTION NO. 78-491 SUPPORTING 1979 HENNEPIN COUNTY HEALTH SERVICES PLAN mll