The URL can be used to link to this page

Home My WebLink AboutCity Council Minutes 11-20-1978Page 300 MINUTES REGULAR COUNCIL MEETING November 20, 1978 A regular meeting of the Plymouth City Council was called to order by Acting Mayor Spaeth at 7:30 p.m. in the Council Chambers of the Public Works Building at 14900 Twenty-third Avenue North on November 20, 1978 PRESENT: Councilmembers Hoyt, Neils, Seibold and Spaeth, Manager Willis, Administrative Assistant Boyles, 0gineer Moore, Planner Tremere, Finance Director Ricker and Attorney Lefler. Mayor Hunt arrived at 8:00 p.m. ABSENT: None. CONSENT AGENDA* MOTION was made by Councilmember Seibold, seconded by Council - MEMBER Hoyt, to a..pt the itemms on the Consent AgenCa with the exception of Items 7-A and 7-8 and inclut:ing Item 7-0 and a resolution appointing a Director to the Suburban Sanitary Disposal Authority. Mution carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmeiviber Seibold, seconded by Ciuncil- member Hoyt, to approve the minutes of the November 6 regular Council meeting as submitted. Motion carri.i on a Roll Call vote, four ayes. PUBLIC HEARINGS Manager Willis reviewed the requirements and procedures for the public ;tearings and announced that notices of the hearings were publisi%ed in the Plymouth Poet, written notice was mailed to each property owner in the improvement area, and discussions were held at Council meetings on the subject pivjects. A. Project No. 807 - Downtovm Plymouth - Phsse III Acting Mayor Spaeth opened the public hearing at 7:40 p.m. No one chose to speak and the hearing was closed at 7:40 p.m. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-745, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICA- TIONS FOR PROJECT NO. 8070 DOWNTOWN PYMOUTH, PHASE III Notion carried on a Roll Call vote, four ayes. 300- CONSENT AGENDA MINUTES -REGULAR COUNCIL MEETING NOVEMBER 61 1978 Item 5* PUBLIC HEARIG DOWNTOWN PLYMOUTH PHASE III -PROJECT 807 Item 6-A RESOLUTION N0. 78-745 b SPECS - PROJECT 807 POW;I'TOWN PLYMOUTH 101 1ASr ' -I Item 6-si Regular Council Meeting November 20, 1978 Page 301 B. Protect No. e13 - J Manager Millis introduced the public hearing for storm sewer improvements on Oakview Lane and Engineer Moore described the proposed project in detail. Acting Mayor Spaeth opened the public hearing at 7:47 p.m. Robert Schumacher, 1900 Oakview Lane North, stated he had petitionea the My for the project to correct the flooding problem on his property from water coming dawn Oakview lane. He stated he felt if he corrected the problem by filling his yard and moving the existing catch basin on his property, it would solve his problem but just move the water somewhere else. He felt t+ie storm sewer was the best solution to the problem for the entire aria. PUBLIC HEARING OAKVIEW LANE STORM SEWER Item 6-8 Charlet Wakela, 2210 Oakview Lane, stated he owned three acres of un veloped land which drained tco the north and re questioned why he was included in this project. Engineer replied the project consisted of two drainage areas, one draining to the north and one draining to the south. If the northern portion of the project was not ordered, there would be no assessment to that area. Mayor Hunt arrived at the meeting at 8:00 p.m. Ken Mix, 1917 Oakview Lane, stated he owns the parcel across fir. Schumacher and has never had a problem with flooding, but if Mr. Schumacher fills his yard the water will then flood his property. He stated he felt when the grade of the road was raised and the culvert removed during street construction, it increased the water problem. He also felt the storm sewer and holding pond on the Carlson Companies' property behind him would absorb most, of the storm drainage in that area. He spoke against the storm sewer improvement for Oakview Lane. Richard Treptow, 2016 Oakview Lane North, spoke representing the residents o akview Lane, presented a statement to Council con. taining 27 signatures, from the 32 families on Oakview Lane, claiming -;t was not fair to assess all residents in the area to correct one homeowner's flooding problem and stating 1) the lot should have been filled before the home was constructed; 2) it was a private matter and should be solved by the homeowner; and 3) the storm sewer would not be effective without curb and gutter on the street. Mr. Treptow questioned the change in the grade of the road and stated it has caused problems for some homeowners getting in and out of driveways. He also asked if the culvert would be restored. Mr. Treptow asked if the 6t per foot was for the total area of the lot and which lots would be assessed for the southern portion of the project. Engineer Moore showed plans for the final grade of Oakview Lane which would be approximately 6-8 inches lower than the original street except at the north end where some fill will be added. He stated the culvert had been 301- Regular Council Meeting November 20, 1978 Page 302 removed in order to put the water mein in and would be restored after construction is completed. He stated the 64 per sq. ft. would be assessed only against the area draining into the storm sewer and indicated that area on the project map. Mr. Schumacher stated if he filled his lot now, as the residents' petition requested, the water would go into the road and it would not be his problem alone in that case. Mrs. Lyendecker, 1735 Oakview Lane, stated they have their own catchbasin in the back of their property and are not responsible for any water running down Oakview Lane. Mark Markkula, 1821 Oakview Lane, stated he felt Mr. Schumacher should be responsible for the cost of any improvements to solve his flooding problem. Mrs. Childs, 1805 Oakview Lane North, stated they have been in their home for 23 years and have water draining across their driveway and backyard all those years. They solved their problem by putting in a concrete driveway and installing window wells to keep the basement from flooding. Ken Larson, 2100 Oakview Lane, felt the Council should research the proms on Oakview Lane further before making any decision about ihP storm sewer improvements and suggested considering other alternatives to solving the problem such as an above -ground concrete culvert. Engineer Moore stated an open ditch was looked at but rejected as unacceptable because it would have to be too deep. Don Roi er, 1745 Oakview Lane, stated in spite of the heavy rains ast summer, he had encountered no flooding problems and spoke against the storm sewer improvement. Jerr Olson, 1812 Oakview Lane, stated problem and spoke against the project, he has never had a water Karl Tomaschewski, 2207 Oakview Lane, stated his water problem is minimal because it drains into the swampy area across the road, but claimed the 4 ft. ditch in front of his house from the road construction would be dangerous when the road was covered with snow. Igen Mix, 1917 Oakview Lane, claimed the road construction covered the sanitary sewer manholein front of his house and stated thr grade of the road should be corrected before the road is blacktoppeo. L.Rowbottom, 2025 Oakview Lane, asked why the grade of Oakview Lane was changed. She claim9d her OArfveway, which was previously level with the road, had a big hump now. Engineer Moore replied the grade change was minimal except for one are in the northern portion of the project. Al2. 1 November 20, 1978 Page 303 Art Larson, 2218 Oakview Lane, claimed his driveway was ripped up ten a street was being torn up and he felt the City was responsible for repairing it. He also requested that the stub for water service be extended to the end of his property. He asked what the thickness of the asphalt would be. Engineer Moore replied 3 in, of asphslt is proposed. The hearing was closed at 8:35 p.m. Mayor Hunt asked fcr an explanation of the grade change of Oakview Lane. Engineer Bonestroo replied the grade change has been very mina" but the widening of the road and addition of a crown to the road has accentuated the changes. The driveways will be modified and blended in to the street before the project is completed. MOTION was made by Mayor Hunt, seconded by Councilmember Neils, to direct staff to bring to the November 27 Council meeting an absolute grade proposal showing what the final grade will be and how the driveways will be blended in. MOTION TO MEND wa; made by Councilmember Seibold, seconded by Councilmember Neils, to include staff's recommendations for im- proving access to driveways that will be difficult to ise this winter and taking action to correct these driveways immediately. Motion to amend carried, five ayes. Main motion carried, as amended, five ayes. MOTION was made by Mayor Hunt, seconded by to delete the northern segment of the storm improvement project. Motion carried, five ayes. Councilmember Seibold, sewer from this Councilmember Neils questioned what width the road would be restored to and if it would have a shoulder. Eriyineer !more replied it would be approximately a 24 ft. riad with a gravel shoulder. MOTION was made by Counciimember Seibold, seconded by Councilmember Hoyt, to delete the southern segment of the improvement project. Counciliaember Neils stated he felt this action would not solve the problem, just move it somewhere else and it would be irresponsible to turn the road into a dam. He suggested considering other alter- natives before taking action. Councilmember Seibold suggested waiting to see what happened atter the road construction is completed before determining the need for storm sewer on Oakview. 303- Iq gu ar touns; . yet ng November 2(1, 1978 Page 304 SUBSTITUTE NOTION was i member Neils, to defer went for the south end Council time to considi struction is completed that time. rade by Mayor Hunt, seconded by Council - action on ordering a storm sewer improve - of Oakview Lane for six months to allow r the condition of the street after con - and to notify residents of the meeting at MOTION TO AMEND was made by Mayor Hunt, seconded by Councilmember Neils, to bring this item back to Council for a decision on May 1, 1979. Notion to amend carried, five ayes. Main motion carried, as amended, five ayes. NOTION was made by Councilmember Neils, seconded by Councilmember Seibold, to direct staff to report to the City Council on May 7 and define, in a preliminary form, the tributary areas for any such storm sewer in the southern section and to identify the impact of the pond and storm sewer on the Carlson properties. Motion carried, five ayes. MOTION was made by Councilmember Neils, seconded by Mayor Hunt, to direct the Fngineer to check Mr. Larson's water stub to insure that it is placed in accordance with City policy and to investigate the sanitary sewer manhole in front Mr. Mix's home. Motion carried, five ayes. Mavor Hunt resumed the chair. The Council recessed from 9:00 p.m. to 9:15 p.m. C. 1979-1983 Capital Improvements Program Manager Willis defined the Capital Improvements Program of the City of Plymouth and generally reviewed the proposed program. Engineer Moore reviewed the proposed projects for 1979-1983 for sanitary sewer, storm sewer, streets and water in detail. Mayor Hunt opened the public hearing at 9:35 p.m. No one chose to speak and the hearing was closed at 9:35 p.m. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-746, A RESOLUTION APPROVING ADOPTION OF A 5 -YEAR CAPITAL IMPROVEMENTS PROGRAM FOR 1979 THROUGH 1983. Motion carried on a Roll Call vote, five ayes. 304- PUBLIC HEARING 5 -YEAR C.I.P. Item 6-C RESOLUTkON NO. 78-746 nrrKUV1-1u U-fLnn CAPITAL IMPROVEMENTS PROGRAM Item 6-C Regular Council Meeting November 201, 1978 Page 305 PETITIONS. REQUESTS AND COMMNI *ATIONS MOTION was made !-ty Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-747, A RESOLUTION APPROVING FINAL PLAT FOR DRAKELANDS FOR ST, PAUL COMPANIES A-698). Notion carried on a Roll Call vote, five ayes, MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-148, A RESOLUTION SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR DRAKELANDS FOR ST, PAUL COMPANIES (A-698). Motion carried oil a Roll Call vote, five ayes. MOTION was made ty Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION y0. 78-7499 A RESOLUTION ESTABLISHING ZONING DESIGNATION OF RPUD 77-1 FOR DRAKELANDS FOR ST, PAUL COMPANIES SUBJECT TO THE PROVISIONS OF RESOLU- TION NO. 78-153. Motion carried on a Roll Call vote. five ayes. Charles VanEeckhout, petitioner, spoke to Council regarding the revised final plat and development contract for Gleason Lake Addition which involved an amendment to the trail dedi- cation area. He felt the required park dedication requirements were inequitable with respect to the improvements to the dedicated parkland, e.g., concrete sidewalk, trail paving and bridge construction. He stated he would be willing to dedicate the land and leave it unimproved. Planner Tremere stated the original approval of the plat was formalized under the then existing park dedication policy which accepted storm drainage areas for park dedication purposes. That, -ombined with a .92 -acre trail corridor, was accepted as fetal dedication. Based on present policy, 10 percent of the land of the plat may be required for park dedication or cash -in -lieu may be accepted in the amount of 275 per dwelling unit. Trail improvements required for this plat are consistent with former developments in the City such as Shiloh, Fazendin's 5th Addition, Greentree West and Amber Woods, RESIN N0. 78-147 FINAL P DRAKELANDS (A-698) ST. PAUL COMPANIES Item 7-A RESOLUTION N0, 78-748 FOR FINAL PLAT DRAKELANDS (A-698) ST. PAUL COMPANIES Item 7-A RESOLUTION NO. 78-749 1 RPUD 77-1 FOR DRAKELANDS (A-698) Item 7-A REVISION OF FINAL PLAT DEVELOPMENT CONTRACT GLEASON LAKE ADDITION C. VAN EECKHOUT (A-196) Item 7-B Councilmember Neils stated he felt the bridge would not serve as a neighborhood amenity as much providing continuity to the trail system. In a case where substantial private amenities are built within a development, then up to 17 percent credit may be considered against park dedication. It is not Council's intent, hrnvever, to apply credit for public improvements against park dedication. He felt the bridge construction and surfacing of the trail should be credited against park dedication in this case. 305- Regular Council Meeting November 20, 1978 Page 306 Councilmember Spaeth felt the sidewalk was part of the plat, but agreed credit should be given for park dedication for the birdge construction and trail s;irfacing, NOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 78-7509 A RESOLUTION APPROVING REVISED FINAL PLAT AND DEVELOPMENT CONTRACT FOR GLEASON LAKE ADDITION FOR CHARLES VAN EECKHOUT (A-196) including language requiring that each application for a building permit shall specify the proposed basement floor elevation on the required lot survey; and, prior to any construction above fourdation, the as -built ground floor elevation shall be certified and submitted to the Building Official for approval. MOTION TO AMEND was made by Councilmember Seibold, seconded by Councilmember Spaeth, to amend the language of the proposed Resolution to require certification of the ground floor eleva- tion by a Minnesota Registered Civil Engineer, Motion to amend carried, five ay,s. Motion to adopt Resolution No. 78-750, as amended, carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Spaeth, to adopt RESOLUTION N0, 78-751, A RESOLUTION SETTING CONDITIONS TO BE MET PRIOR TO FILING OF REVISED FINAL PLAT FOR GLEASON LAKE ADDITION FOR CHARLES VAN EECKHOUT A-196) adding Condition 4 that credit agairst park dedication fee requirements in Condition 2 shall be allowed, as deter- mined by the City Engineer, for improvements of trail surfacing from the terminus of the Black Oaks cul-de-sac north and west along the trail corridor and for the con- struction of the bridge, Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to direct staff to prepare amendments to the development contract in accordance with conditirins adopted in Resolution No, 78-751, Motion carried, five ayes. Council discussed the request for site plan approval for Honeywell, Inc. for a major expansion of the existing office - research facility at 12001 State Highway 55 and the access- ibility of public utilities to the site. Rick D kman, petitioner's architect, respondc.i to Council's questions regarding the proposed site plan, 306 RESOLUTION NO, 78-750 FINAL PLAT AND DZVELOPMENT CONTRACT GI.EASON LAKE ADDITION C. VAN EECKHOUT (A-196) Item 7-9 RESOLUTION NO. 78-751 SETTIR CONDITIONS FOR REVISED FINAL PLAT GLEASON LAKE ADDITION C. VAN EECKHOUT (A-196) Item 7-B SITE PLAN APPROVAL HONEYWELL, INC. (A-151) Item 7-C-1 Keguiar t;ounci i November 20, 1978 Page 307 Arnie Stolberg, representing Honeywell, Inc., expressed concern with Me tim ng of the project and stated they would like to proceed as soon as possible. He felt sones of the public im- provements required were for future use, but they were willing to petition for improvemer:ts at this time and h4jve been working with a1jacent property owners in this regard. He objected #6^ the requirement for concrete curbing in the parking lot i i Condition Planner Tremere stated the proposed curbing in the parking lot is intended to restrict parking on the site to the designated area and to control drainage off the parking lot. At this time, Honeywell has not yet submitted a drainage plan for the site. Mr. Dykman stated two catch basins will be provided to drain the parking lot, running water into a holding pond. Planner Tremere responded that a drainage plan prepared 41,% a civil engi:!eer was necessary. Council discussed the necessity for curbing in parking lots to control storm drainage and to restrict parking to the designated area and various alternatives to curbing to serve the same purposes including berming around the parking area. Councilmember Spaeth expressed concern about the quality of the run-off water from the parking lot. It was the consensus that curbing in a public parking lot was necessary to restrict the parking to a designated area, but it may not be necessary in a private lot controlled by a singe tenant unless it was necessary to control storm drainage. MOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-752, A RESOLUTION APPROVING SITE PLAN FOR HONEYWELL, INC. (A-151). MOTION TO AMEND was made by Councilmember Seibold, seconded by Councilmember Spaeth, to delete Condition 5 from the Resolution. Motion to amend carried, four ayes. Councilmember Neils voted nay. MOTION TO AMEND was made by Councilmember Seibold, seconded by Councilmember Neils, to amend Condition 2 by striking the proposed language and substituting the follcwing: "Owner shall petiticn for the installation of required public improvements prior to issance of building permits." Motion to amend carried, five ayes. Motion to adapt Resolution No. 78-752, as amended, carried on a Roll Call vote; five ayes. 307 5. RESOLUTION NO. 78-752 APPROVING SIE PLAN HONEYWELL, INC. (A-151) Item 8-C-1 Kegu r uou_.c -et ng November 20, 1978 Page 308 MOTION was made by Mayor Hunt, seconded by Councilmember Neils, to ap'opt RESOLUTION NO. 78-753, A RESOLUTION APPROVING SITE PLAN FOR LAKE STREET INDUSTRIES, INC. AT THE NORTHEAST CORNER OF XEMIUM LANE AND INDUSTRIAL PARK BOULEVARD (A-340). Motion carried on d Fall Call vote, five ayes. NOTION was made by Councilmerber Spaeth, seconded by Council. member Neils, to adopt RESOLUTION N0, 78-754, A RESOLUTION APP"OVING SITE PLAN AND CONDITIONAL USE PERMIT FOR APOLLO PIPING SUPPLY, INC. AT THE EAST SIDE OF RANCHVIEW LANE, SOUTH Of 28TH AVENUE NORTH (A-855). Bruce Hubbai^d representing petitioner, questioned Condition 5 requ.r ng :ur ing in -%.he parking lot since it was a private lot. NOTION TO AMEND was made by Mayor Hunt, %econded by Council - member Spaeth, by addinq the following language to Condition 5 of the Resolution ".....if required to meet the overall drainage plan." Motion to amend carried, five ayes. Motion to adopt Resolution No. 78-754, as amended, carred on a Roll Call vote, five ayes. RESOLUTION N0, 78-753 APPROVING SITE PLAN LAKE STRELT INDUS, A-340) Item 8-C-2 RESOLUTION NO. 78-754 WA I@_ N'G7T " rL WXUP APOLLO PIPING SUPPLY,INC. A-855) Item 8-C-3 Planner Tremere discussed with Council the proposed site plan SITE PLAN AMENDMENT 1 amendtiient for Wallace Cates (Plymouth Liquors) involving an PLYMOUTH LIQUORS additional facade on she building under construction, at WALLACE CATES (A-614) Highway 55 and South Shore Drive, different landscape Item 7-0 materials and additional wall signage. Mr. Tremere recom- mended deleting Conditions 2 and 3 of the Resolution regulating signage in the display windows. Council discussed the City's policy on signs in windows of retail businesses. Council agreed signs were necessary for a retail business and were a permissible use if they were located on the interior side of the window. Wallace Cates, petitioner, stated his building modiOications e m nate cont vindows to conservE. ene,,gy and for security puricses, but he needed the former window area display panels for advertising, He ag ped to restrict advertising to the four frontpanels and leave the actual windows open. Mr. Cates also wantad to know when he could have o:.cupancy of the building. Planner Tremere rep'ied when the building, plumbing and electrical code requirements in the building were mut, an or:upancy permit would be issued, MOTION was made by Coun0 lmember Seibold, seconded by Council- RESOLUTION NO. 78-755 member Neils, to adopt RESOLUTION NO. 78 -?55, A RESOLUTION APPROVING SITE APPROVING AMENDMENT TO RESOLUTION NO. 77-624, APPROVING SITE PLAN AMENDME''T PLAN AND CONDITIONAL USE PERMIT FOR WALLACE CATES, DBA, PLYMOUTH LIQUORS PLYMOUTH LIQUORS (A414) deleting Conditions 2 and 3 from iALLACE CATES (A-614) the Resolution, Item 7-D 30C- L. Novoinbee Pagn ?,19 20, 1978 Notion carried on a Rolf Call vote, fivE ayes. NOTION was made by Councilmember Neils,, member, Seibold, to adopt RESOLUTION N0, APPROVING PRELIMINARY PLAT FOR MERRIMAC CONSTRUCTION COMPANY (A-265). seconded by Council - 78 -7569 A RESOLUTIOI: ADDITION FOR GLEASON Notion carried on a Roll Call vote, five ayes. Planner Tremere reviewed the proposed locations for Larch Lane and Goldenrod Lane within the Laukka RPUC and reported he had received r letter from Hennepin County commenting on the dis- tance between the intersections of Larch and Goldenrod Lanes with County Road 9. Fran Ha en, representing petitioner, reviewed the site plan and landscaping plan. There was a discu.sion of the timing of the construction of Larch Lane, Mayor Hunt stated it was Council's intent to progress with the construction of larch Lane as soon as final plans and specifications for the plat are approved; therefore, right-of-way should be dedicated as soon as possible. He Wg. gested that staff arrange a meeting with Hennepin County fD determine what use can be made of excess soil from Larch Lane construction. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0, 78-7579 A RESOLUTION APPROVING CONDITIONAL USE PERMIT/REZONING/PRELIMINARY PLAT/ PLAN FOR RPUD 78-3 FOR LARRY LAUKKA ASSOCIATES (A-145). Motion carried on a Roll Cc!. vote, five ayes. Planner Tremere reviewed Criterion Homes' proposed preliminary plat/nlan for MPUs 78-1 at the southwest quadrant of County Road 9 and I-494, noting the remnant triangle adjacent to I-494. Councilmember Neils questioned the depth of •.he two cul-de-sacs in the plat. Don Hess, representing petitioner, replied these two cul-de- rii:s have stabilized pathways to the proposed Annapolis Lane or ac(.ass for emergency vehicles. Mr. Hess reques'.ed cla- rif+ration of Condition 2 requiring trail improvements on Fet..)ok lane and trail dedication requirements in Conditions 3 at%. d. Planner Iremere suggested amending Cundition 2 by deleting the language after "Fernbrook Lane" and substituting the words "as i% part of the street right-of-way." lie stated Condition 3 would provide a trail for local trail accessibility. 309- RESOLUTION N0. 78-756 PRELIMINARY PLAr' MERRIMAC ADDITION GLEASON CONSTRU:TION A-265) Item 7-E-1 PRELIM. PLAT/PLAN b CUP LAUKKA RPUD 78-3 Item 7-E-2 RREE SOLUTION NO. 78-757 ROVING C096TTTW USE PERMIT/REZONING/ PRELIM. PLAT/PLAN FOR RPUD 78-3 FOR L. LAUKKA A-745) Item 7-E-2 PRELIMINARY PLAT/PLAN MPLID 78-1 (A-814) CRITERION HOMES Item 7-E-3 I Regular Council Meeting November 20, 1978 Page 310 MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 784580 A RESOLUTION APPROVING CONDITIONAL USE PERMIT, PRELIMINARY PLATIPLAii, AND REZONING FOR MPUD 78-1 FOR CRITERION HOMES, INC. AT THE SOUTHWEST QUADRANT OF COUNTY ROAD 9 AND I-494 (A-814) amending Conditinn 2 to strike the words after "and the local trail" and substitute the words "to be within the Fernbrook Lane dedicated right-of-way," Larr Marofsk , attorney Por was the owner of a parcel of proposed MPUD which was zoned claimed the zoning change in of his client's property and sell his property. Tom Leverenz, stated his client land immediately adjacent to the single-family residential. He the MPUD detracted from the value has made it impossible for him to Tom Leverenz, 14005 Rockford Road, stated his objection that no alternative entrance points to the plat had been considered by the petitioner and the proposed location of Annapolis Lane and County Road 9 intersection was detrimental to his property. Planner Tremere stated the proposed road right-of-way includes a buffer between the R-1 MPUD commercial districts, and a technical, but infeasible alternative would be to change the zoning of the parcel across the road from .Mr. Leverenz to R-1. Council discussed the proposed commercial -service area and the buffering provided from the R-1 area adjacent. Councilmember Neils suggested the green strip should be created as single- family residential land and the setback for the opposite com- mercial rA to would be 75 ft. MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, by adding Condition 12 requiring, for ordinance application purposes relating to setbacks of com- mercial -industrial sites from single-family land, the dedicated trail corridor south of County Road 9 within and adjacent to the Annapolis Lane right-of-wey shall be classified "Residential' for purposes of determining yard and building setbacks for the commerci,%l and industrial sites to the eact. Motion to amend carried, five ayes. Motion to adopt Resolution No. 78-758, as amended, carried on a Roll Call vote, five ayes. MOTION was made by Councilmember member Hoyt, to adopt RESOLUTION APPROVING CONDITIONAL USE PERMIT MfXING) FOR PETER MESHER (A-859). Seibold, seconded by Council - NO. 78-759, A RESOLUTION HOME OCCUPATION FOR CABINET Motion carried on a Roll Call vote, four ayes. 310- RESOLUTION N0. 78-758 APPROTFCUP, PRELIM. PLAT/PLAN, REZONING FOR MPUD 78.1 CRITERION HOMES (A-814) Itein 7-E-3 RESOLUTION NO. 78-759 APPR6VI CONDITIONAL USE PERMIT FOR HOME OCCUPATION PETER MESHER A-859) Item 7-F-1 I Regular Council Meeting November 20, 1976 Page 311 Manager Willis questioned whether the request for conditional use permit for a raquetball/indoor sports facility at the southeast quadrant of Fernbrook Lane and Highway 55 was an appropriate use for the area and whether there would be adequate accessibility to the site when Fernbrook is developed as a thoroughfare with a divider island. J&mee; Loken, petitioner, responded to Council's questions regardingg he site and stated he felt the facility would generate a small amount of traffic and he would be able to operate if a future divider island on Fernbrook prevented access from the north. MOTION was made y Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION N0, 78-760, A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR A RAQUETBALL/INDOOR SPORTS FACILITY AT THE SOUTHEAST QUADRANT OF FERNBROOK LANE AND HIGHWAY 55 FOR JAMES LOKEN (A-730. MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, by adding Condition 3 stating that approval of the conditional use permit recognizes that future improvement of Fernbrook Lane could result in a right -turn -in, right -turn -out only access due to a center divider. Motion to amend carried, five ayes. Motion to adopt Resolution No. 73-760, as amended, carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-7611 A RESOLUTION APPROVING LOT DIVISION FOR AN EXISTING PLATTED LOT FOR GEORGE A. JACKSON (A-861). Mot';on carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-762, A RESOLUTION APPROVING 6.OT DIVISION/CONSOLIDATION VARIANCE FOR EXISTING UNPLATTED LOTS FOR ROBERT EARL COPE (A-862). Motion carried on a Roll Call vote., five ayes. MOTION was me de by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 78-763, A RESOLUTION SETTING CONDITIONS PRIOR TO FILING OF LOT DIVISION/CONSOLI- DATION FOR ROBERT EARL COPE (A-862). Notion carried on a Roll Call vote, five ages. 311- CONDITIONAL USE PERMIT RAQUETBALL/INDOOR SPORTS FACILITY - JAMES LOKEN A-730) Item 7-F-2 RESOLUTION NO. 78-760 APPROVING CON USE PERMrT - JAMES LOKEN RAQUETBALL/INDOOR SPORTS FACILITY (A-730) Item 7-F-2 RESOLUTION NO. 78-761 APPROVING LOT DIV GEORGE A. JACKSON (A-861) Item 7-G* RESOLUTION NO. 78-762 APPROVING COT DIV S 6N/ CONSOLIDATION VARIANCE ROBERT COPE (A-862) Item 7-h RESOLUTION NO. 78-763 SETTING CONDITIONS FOR LOT DIVISION/CONSOLIDATION ROBERT COPE (A-862) Item 7-H Regular Council Meeting November 20, 1978 Page 312 14DTION was made by Councilmember Seibold, secondeli by Council - member Hoyt, to adopt RESOLUTION NO. 78-764, A RESG:UTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR STREET LIGHTING FOR ZACHARY HILLS (A-778). Notion carried on a Roll Call vote, three ayes. Councilmember Neils abstained. NOTION was made by Council;iember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-7659 A RESOLUTION APPROVING RELEASE Or LANDSCAPE BOND #80535622 IN THE AMOUNT OF $129900.00 FOR TOE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Heyt, to a('opt RESOLUTION NO. 78-7669 A RESOLUTION APPROVING REDUCTION OF DEVELOPMENT BOND FOR NATHAN TRAILS ADDITION (A-698) TO roc AMOUNT OF $1459207 TO REFLECT THE COMPLETED WORK. Motion carried on a Roll Call vote, four ayes. MOTION was made, by Councilmember Seibold, seconded by Coun:il- member Hoyt, to adopt RESJLUTION NO. 78-761, A RESOLUTION APPROVING REDUCTION OF D':VELOPMENT BOND FOR PALMER CREEK ESTATES 3RD ADDITION TO fHE AMOUNT OF $7,835 TO REFLECT THE COMPLETED WORK. Motion carried on a Roll Call vote, four ayes. K ITION was made by Councilmember SP bold, seconded by Counr:i 1- me%aber Hoyt, to adopt RESOLUTION NO. 78-i68, A RESOLUTION APP.QOVING REDACTION OF DEVELOPPENT BOND FOR PALMER CREEK ESTATES 4TH AUDITION TO THE AMOUNT OF $60,829 TO REFLECT THE 1:OMPLETED WORK. Motion carried on a Roll Tall vote, four ayes. MOTILIN was made by Councilmember Seibold, seconded by Council- memb,:r Hort, to adopt RE.:OLUTION NO. 78-769, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OF $261,839.10 TJ C.W. HOULE LANDSWING FOR PROJECTS 804 AND 829, FERNBROO' LANE AND RIDGECREST UTILIT?ES. Motioi carried on a Roll Call vote, four ayes. MOTIO11 w&s made by Cnuncilmember Seibold, seconded by Council- membe,r hovt, to adopt RESOLUTION NO. 78-770, A RESOLUTION AU1'HUPI':1NG PAYMENT ON REQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OF $118,791.90 TO NOOLAND ASSOCIATES, INC. FOR PROJE:T NO. 810, ZACHARY LANE WATERKb IN. Motion carried on a Roll Call vote, four ayes. 312- RESOLUTION N0, 78-764 ACCEPTINUPETITION A ORDERING PRELIM. REPORT STREET LIGHTING ZACHARY HILLS (A-778) Item 7-I* RESOLUTION NO. 78-765 APPROVING CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS item 7-J* RESOLUTION NO. 78-766 APPROVING BOND N NATHAN TRAILS ADDN. A-698) Item 7-K-1* RESOLUi!ON NO. 78-767 APPR6VIN& BOND REDUCT PALMER CREEK ESTATES 3RD ADDN. (A-667) Item 7-K-2* RESOLUTION NO. 78-768 APPf IV1VONDRE6lfION PALMER CREEK ESTATES 4TH ADDN. (A-667) Item 7-K-3" RESOLUTION NO. 78-769 REQUEST FOR PAYME 804/829 FERNBROOK LN 8 RIDGECREST UTILITIES Item 7 -L -I* ION N0, 78-770 PROJECT N0, 610 ZACHARY LANE WATEFMAI Item 7-I_-2* Regular Council Neetin; Noverber 20, 1978 Page 313 NOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-771, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 3 IN THE AMOUNT OF $36955?.35 TO NODLAND ASSOCIATES, INC, FOR PROJECT NOS, 811 AN[l 813, LOST LAKE AND OAKVIEW LANE WATERMAIN, Notion carried on a Roll Call vote, four ayes, NOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION N0, 78-772, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT N0, 13 IN THE AMOUNT OF $69,647,^0 TO H,P, DROHER 6 SONS$ INC., GENERAL CONTRACTOR FOR CITY HALL BUILDING PROJECT N0, 615. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seil-nld, seconded by Council- men'bor Hoyt, to adopt RESOLUTION N0. t'8 -?73, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO, 10 IN THE AMOUNT OF $7,830.00 TO HORWITZ MECHANICAL, INC., MECHANICAL CONTRACTOR FOR CITY HALL BUILDING PROJECT NO. 615. Motion carried on a Roll Call vote, four ayes, MOTION was made by CounL'lmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-774, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYEMTN NO. 10 IN THE AMOUNT OF $70741.30 TO WEAVER ELECTRIC COMPANY, INC., ELECTRICAL CONTRACTOR FOR CITY HALL BUILDING PROJECT NO. 615. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-775, A RESOLUTION REMOVING SPECIAL ASSESSMENT'S PLUS INTEREST CHARGED TO PLAT 43721, PARCrL 1625 TN THE AMOUNT OF $826.20 (LEVY NO. 5320) AND $3,174,12 (LEVY NO. 5321) AND DIRECTING THAT THE PROPERTY OWNER OF PARCEL 1625 BE REIMBURSED FOR ALL PRIOR YEAR INST',LL- MENTS PLUS INTEREST AT THE RATE OF 8% PER YEAR THAT HAVE EiEEN PAID. Motion carried on a Roll CAll vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councii- member Seibold, to adopt RESOLUTION NO. 7e-776, A RESOLUTION DECLARING COST TO BE ASSFSSED, ORDERING PREPARATION OF ASSESSMENT ROLL FOR PLAT 43721, PARCEL 1430. Motion carried on a Roll Call vote, five ayes, 313- RESOLUTION NO, 78-771 REQUEST PROJECT NOS, 811/813 LOST LAKE 6 OAKVIEW LN, WATERMAIN Item 7-L-3* RESOLUTION N0, 78-772 GENERAL CONTRACTOR PROJECT NO. 615 -CITY HALL Item 7-L-4* RESOLUTION NO, 78-773 REQUEST FOR PAYMERT MECHANICAL CONTRACTOR CITY HALL -PROJECT NO. 615 Item 7-L-4* RESOLUTION N0, 78-774 REQUEST R PAYME ELECTRICAL CONTRACTOR CITY HALL -PROJECT NO. 615 Item 7-L-4* RESOLUTION NO. 78-775 REMOVING SPECIAL A SMENT; PLAT 43721, PARCEL 1625 Item 7-M RESOLUTION NO. 78-776 ORDERING SPECIAL SSESSMENT' FOR PLAT 437219 PARCEL 1430 Item 7-M Regular Council Meeting November 20, 1978 Page 314 MOTION was made by Councilmember Neils, seconded by Council - member Seibold, to adopt RESOLUTION NO. 78-7719 A RESOLUTION ORDERING PUBLIC HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENTS FOR PLAT 437219 PARCEL 1430 FOR DECEMBER 18, 1978 AT 7:30 P.M. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-7789 A RESOLUTION ORDERING STOP SIGN AT THE INTERSECTION OF 28TH PLACE AND FERNBROOK LANE FOR WESTBOUND TRAFFIC ON 28TH PLACE. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-7816 A RESOLUTION ORERING STOP SIGN AT INTERSECTION OF 30TH AVENUE AND DUNKIRK LANE FOR EASTBOUND TRAFFIC ON 30TH AVENUE. Motion cars ed on a Roll Call vote, ;our ayes. MOTION was made by Councilmember Seibold, seconded by Cnuncil- member Hoyt, to adopt RESOLUTION NO. 78-182, A RESOLUTION ORDERING STOP SIGN AT INTERSECTION OF 32ND AVENUE AND DUNKIRK LANE FOR EASTBOUND TRAFFIC ON 32ND AVENUE. Motion carried on a Poll Call vote, tour ayes. MOTION was made by Cot.ncilmember Seibold, seconded by Council - member Hoyt, tL adopt RESOLUTION NO. 78-183, A RESOLUTION ORDERING STOP SIGN AT INTERSECTION OF 33RD AVENUE 09 DUNKIRK LANE FOR EASTBOUND TRAFFIC ON 33RD AVENUE. Motion carried on a Roil Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-7849 A RESOLUTION ACCEPTING PETITION FOR IMPROVEMENTS FOR REMAINDER OF PLYMOUTH HILLS FINAL PLAT. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 78-7851 A RESOLUTION APPOINTING FRED G. MOORE TO REPRESENT THE CITY OF PLYMOUTH AS A DIRECTOR TO THE SUBURBAN SANITARY DISPOSAL AUTHORITY. Motion carried on a Roll Call vote, four ayes. 314- RESOLUTION NO. 78-777 MEMG NEARING ON FROPOSED ASSESSM rNT PLAT 437219 PARCEL FOR 1431- RESOLUTION 430 RESOLUTION NO. 78-778 ORDERING STOP SIGN 28TH PLACE AT FERNBROOK LN. Item 7-N* RESOLUTION N0, 78-781 DER NG STOP S G 30TH AVE. AT DUNKIRK LN. Item 7-N* RESOLUTION NO. 78-782 ORDERING STOP SIGN 32ND AVE. AT DUNKIRK LN. Item 7-N* RESOLUTION NO. 78-783 ORDERING —STNIM 33RD AVE. AT DUNKIRK LN. Item 7-N* RESOLUTION NO. 78-784 ACCEPTING PETITIONTYR IMPROVEMENTS -REMAINDER PLYMOUTH HILLS FINAL PLAT Item 7-0* RESOLUTION NO. 78-785 APPOINTING DIRECTORTO SUBURBAN SANITARY DISPOSAL AUTHORITY Item 7-P* S Regular Coin.ti l I let i ng November 20, '-978 Page 315 IONS Manager Willis reviewed :.he proposed bond offering for general obligation improvement bonds and water and sewer revenue bonds. Finance Director Ricker responded to Council's questions rega,-Iing the proposed bond s;le. NOTION was made by Councilmember Seibold, seconded by Council - member Neils, to adopt RESO:UTION NO. 7b'-779, A RESGLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,8009000 GENERAL OBLIGATION IMPROVEME-VT BONDS OF 1978. Notion carried on a Roll Call vote, five ayes. MOTION was made by Counuilmember Seibold, secondee' by Council - member Neils, to adopt RESOLUTION N0. 78-7£.09 A RESOLUTION PROVIDI`!G FOR THE ISSUANCE AND SALE OF $1,450,000 GENL AL OBLIGATION WATER AND SEWER REVENUE BONDS OF 1978 FOR THE PURPOSE OF PROVIDING MONEY TO IMPROVE THE WATER AaD SEWER SYSTEM OF THE CITY, W,ti on carried on a Roll Call vote, five ayes, Council reviewed the status report on the Aerial Platform Fire Apparatus purchase. Council reviewed the correspondence req.,,ding Medicine Lake Lines service in Plymouth. Mayor Hunt reported on complaints he has recei-.ed aruut the new water and sewer rates and monthly billings. He a;'1% -.d staff to change the language on the bills to reflect the charge for administrative costs. Mayor Hunt questioned Engineer Moore on problems of access to the Cavanaugh Addition. He asked the Engineer to give him a weekly status report on on-going improvement projects. Councilmembet- Hoyt reported of complaints about persons hunting and discharging firearms within the City limits. She asked that an ordinance be adoptedprohibiting hunting" specifically within the City limits. Manager Willis reported that all gravel streets in the City have been graded to prepare for winter driving. Manager Willis asked the Council to define some guidelines for curbing requirements in parking lots in the City. Councilmember Neils replied curbing is not necessary on a pri:late, single -tenant parking lot on an industrial site, but curbing is required in a multi -occupancy, commercial public parking lot or the visitors parking area on an industrial site. The ireeting was adjourned at 1:00 a.m. 315- 1970BOND SALE RESOLUTION N0, 78479 APPROVING ISSUANC_X-SALE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 Item 8-A RESOLUTION N0. 78-780 APPROVING ISSUANCE & SALE GENERAL OBLIGATION WATER SEWER REVENUE BONDS OF 1978 Item 8-A tRIAL PLATFORM APPARATUS BIDS - STATUS REPORT MEDICINE LAKE LINES MISCELLANEOUS tZiek,