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HomeMy WebLinkAboutCity Council Minutes 03-05-1979i Es' Page 61 A reqular meeting of at 7:40 p.m, in the on March 5, 1979. M I N U T F S REGULAR COUNCIL. MEETING March 5, 1979 the Plymouth City Council was ca Ped to oroer by Mayor Hunt Council Chambers of the City Center at 3400 Plymouth Boulevard PRESENT: Mayor Hunt, Councilmembers Hoyt, Neils, and Spaeth, Manager Willis, Administrative As3istant Boyles, Engineer Moore. Fanner Tremere and Attoriey Lefler. ABSENT: CounLilmember Seibold. AWARD PRESENTATION Mayor Hunt presentee: Certificates of ,appreciation to members of varinus City Board! and Commissions who had resigned daring 1978 or retired when thtlir terms expired in 1979 as follows: Ruth Ault, Housing and Redevelt•pntert Authority; Bert Ehrmann, I:oard of Zoning Adjustment; Del Erickson, Planning Commission; Marvin Getten, Park and Recreation Advi!ory Commission; Raleigh Huizinga, Human Right: Commission; Darel S,renson, Human Rights Commission; Robert Troemel, Park -:.d Recreation Advisory Commmis3sion; and Dick Williams, Park tend Recreation Advisory Commission. CONSENT AGENJA* MOTION was made by Councilmember Neils, -:conded by Council- mb%.e Hryt, to adopt 0-e items on the Consent Agenda with the exceptici of Items 6-B-2 and 6-C and the addition of Items 5 and 7-B. Motion carri:d on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Neils, seconded by Council- mNmber Hoyt, to approve the minutes of the February zo, 1379 special Council meeting as submitted. Motion carried on a Roll Call vote, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Manager Willis reviewed the amended General Development Plan for Plymroi:th Hi i Is and Planner Tremere reviewed the Planning Cortmmis- sior.'s recommendations. Council discussed the proposed quadra- minimmmums in Outlot E, which is guided LA -4, and the deletion of LA -2 housing trom Cutlot G resulting in LA -3 guiding for the entire outlot. 61- AWARD PRESENTATION CONSENT tem 4 AGENDA MINUTES - SPECIAL COUNCIL MEETING FEBRUARY 26, 1979 Item 5* AMENDED GENERAL DEVELOPMENT PLAN - PLYMOUTH HILLS A-675) '.tem 6-B-1 Regular Council Meeting March 5, 1079 Page 62 CouncilmemUer Spaeth expressed disapproval of changing the low LA -4 density in Outlot E, since it was Council's intent that that area in close prox-; mi ty to the proposed commercial,, hi 5h -amenity area should have the heaviest density. Councilmember Neils stated the Council should not base its decision for approval of the revised cene ral development plan on current market conditions. Councilrrember Hoyt stated shE found the prupos.ed quadraminimum units uoacc^ptable because of the future multi -unit elderly housing in Outlot E. Dickman Knutson, represAnting petitioner, presented a new traffic design for consideration showing the approved street alignmen-c in Outlot E integrated with a proposed design for Outlot G. Councilmember Neils expressed points on new County Road 9. concern about the number of access Council reviewed the conditions of the proposed resolution approving modifications to the General Development Plan for Plymouth Hills. Motion was made by Councilmember Spaeth, seconded by Councilmember Neils, to approve Coi-idition 1 of the resolution designating LA -3 gt;'ding for Outlot G with an LA -2 transition adjacent to the single-family homes to the north as originally approved. Motion carried, four ayes. MOTION was made by Councilmember Neils, seconded by Councllmember Hoyt, to approve Condition 3 designating LA -2 guiding for Outlot A consistent with the originally adopted cuncept plan, Motion carried, four ayes. MOTION was made by Councilmember Hcyt, seconded by Councilrnember Spaeth, to approve Condition 4 designating LA -4 for Outlot C consistent with the originally adopted concept plan. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Councilmember Neils, to approve Condition 5 as proposed, deleting internal access interconnecting Outlots A and C. Motion carried, four ayes. 62- Regular Council Meeting March 5, 1979 Page 63 MOTION was rade by Coun 0 lmenlber Neils, seconded by Council - member Spaeth, to approve Condition 6 as proposed retaining street access between Outlots E and G; eliminating the north- easterly access from Outlot G onto County Road 9; and requiring that intersection access to County Road 9 shall be provided to the east compatible with intersections access to the north at County Road 9. Motion carried, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Spaeth, to reword Condition [ as follows: "Outlet E shall be guided LA -4 with approximately 5 acres in the south- west corner designated for elderly housing, consistent with the originally adopted concept plan. Motion carried, four ayes. MOTION was made by Councilrrvmber Neils, seconded by Council - member Spaeth, to adopt RE: OLUTION NO. 79-122, A RESOLUTION APPROVING MODIFICATIONS 10 THE GENERAL DEVELOPMENT PLAN FOR PLYMOUTH HILLS PLAT !A -E75) with the previously-adoptea con- k.itions and the deletion of Conditions 7 and B. MOTION TO AMEND was made by Councilmember Spaeth, seconded by Councilmembar Hoyt, by adding Condition 7 requiring that the proposed road extend from the 37th Avenue cul-de-sac northeasterly into Outlot G through Outlot H and be built by the developer. Motion to amend carried, four ayes. Mr. Knutson stated it was the developer's intent to provide 256 units, as approved in the original concept plan, in Outlot E with yuadraminimum units, which were allowed in LA -4 guiding. He questioned whether it was the Council's intent to allow only LA -4 apartments in Outlot E. Councilmember Neils stated the original concept plan proposed high density apartments adjacent to the proposed elderly housing units. Council felt the propused quadraminimums in Outlot E would be at the low end of the LA -4 guiding and would not provide a transition between the elderly high-rise housing. Mayor Hunt stated if quadraminiums were built in Outlot E. Council felt future residents would eventually object to the construction of the elderly high-rise housing proposed for the adjacent area, as happened in the past in the Mission Hills development. MOTION TO AMEND was made by Councilmember Neils, seconded by Councilmember Spaeth, by rewording Condition 2 as follows: Outlot E shall be guided LA -4 and shall be developed with apartments, without regard to ownership concept., with mid -rise structures, e.g., 4-6 stories, pre'erred, but not required, and elderly housing shall be provided on approvina Lely 5 acres in the southwest corner consistent with the originally adopted 63- RESOLUTION NO. 79-122 APPROVING REVISE1 GENERAL DEVELOPMENT PLAN: PLYMOUTH HILLS A-675) Item 6-B-1 Regular Council Meeting March 5, 1979 Page 64 concept plan. Motion to amend carried, three ayes, Mayor Hunt voted nay. Motion to adIInpt Resolution No. 79-122, as amended, carried on a Roll Call vote, three ayes. Mayor Hunt voted nay. Dan Fazendin, petitioner, stated he felt the proposed quadra- minimums were consistent with the original "footprints" for development presented at the time the original concept plan was approved. He felt tre quads, as family -type structures, would make it easier to obtain approval for federal funding for the elderly housing. They felt this was an ideal locatioti for elederly housing and they were prepared to offer some type of guarantee tent this type of housing would be built in tna; location. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-I?39 A RESOLUTION DENYING "OVERLAND PARK" RPUD CONCEPT PLAN FOR DAN FAZENDIN AND IDP DEVELOPMENT COMPANY (79002) for reasons cited in Resolution No. 19-122. Motion carried on a Roll Call vote, four ayes. Manager Willis revie+-sed the request for RPUD Concept Plt:n pproval for "Plymouth Creek" proposed by Hixon Properties. Councilmember Spaeth questioned where the water main would be routed across the p, at. Mayor Hunt replied the routing would be addressed at preliminary plat stage. MOTION was mide by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION y0. 79-1249 A RESOLUTION APPROVING CONCEPT PLAN FOR "PLYMOUTH CREEK" RPUD AT SOUTHEAST CORNER OF ROCKFORD ROAD AND VICKSGURG !.ANE (79006). MOTION TO AMEND was made by Maycr Hunt, seconded by Council - member Neils, by requiring that a copy of the Concept Plan map be attached to the approvi.ig resolution; deleting the word by others" from the map, relative to development of the Outlot trail corridor. Motion to amend carried, four ayes. Motion to adopt Resolution No. 79-124, as amended, carried on a Roll Call vete, four ayes. MOTION was made by Counc i l n zmber Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-125, A RESOLUTION AMENDING GENERAL DEVELOPMENT PLAN FO" KINGSWOOC FARM RPUD 11-3 FOR CENTURION COMPANY (A-159). MOTION TO AMCND was made by Mayor Hunt, seconded by Council - member Neils, by deleting the la.r,t paragraph of the Resolution. Motion to amend carried, four ayes. 64- 101 RESOLUTION NO. 79 -12% -- DENYINGDENYINf It OV E L NSD PARK" RPUD CONCEPT PLAN IDP DEVELOPMENT CO. (79002) Item 6-A-1 RESOLUTION NO. 79-17. APPROVING CONCEPT PL PLYMOUTH CREEK RPUD HIXON PROPERTIES 79006 ) Item 6-A-2 RESOLUTION NO. 79-12 AMENDING GENERAL DEV PLAN-KINGSWOOO FARM RPUD CENTURION COMPANY A-1'59, Item 6-6-- i Regular Council Meeting March 5, 1915 Page 65 Motion to adopt Resolution No. a Roll Call vote, foir ayes. 79-125, as amended, carried on Manager Willis rev4ewed John Rappaport's request for approval of Final Plat and Development Contract for the Rappaport Addition (A-806). Councilmember Neilt stated the intent of Condition 4 of the Resolution requiring that no fill shall be provided to the south portioti of the property from the north portion of the prcDerty is to preserve the natural drain- way in the southwest corner of the plat. Councilmember Spaeth questioned whethc-r there was sufficient right-of-way for Larch Lane. Mr. Rappaport responded the existing road is 30 feet wide, but it will have to be widened at some points. MOTION was made by Councilmember Neils, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 79-126, A RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE RAPPAPORT ADDITION FOR JOHN RAPPAPORT (A-806) substituting the following for Condition 4: "The natural drainage through the south portion of Lot 1, Block 2, shall remain substantially in its present condition." Motion carried on a Roll Call vote, four a,•es. MOTION was made by Councilmember Spaeth, seconded by Mayor Hunt, to adopt RESOLUTION NO. 79-127, A RESOLUTION SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR THE RAPPAPORT ADDITION FOR JOHN RAPPAPORT (A-806) with the addition of Condition 5 requiring that reasonable setbacks be provided for existing homes abutting Larch Lane. Motion carried on a Roll Call vote, tour ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopL ORDINANCE h0. 79-3, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 20, TOWNSHIP 118, RANGE 22, AS R -1B (LOW DENSITY RESIDENTIAL) FOR MAPLE CREEK SECOND ADCITION (A-350). Motion carried on a Roll Call vote, four ayes. MOTION was made by Coutuilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 79-128, A RESOLUTION ('..,-ROVING AMENDED GRANT APPLICATION AND REQUEST FOR 1978-79 LOCAL PLANNING ASSISTANCE GRANT FUNDS IN THE AMOUNT OF $10,863. Motion carried cn a Roll Call vote, fo;x ayes. 65- RESOLUTION NO. 79-126 APPROVING FINAL FLAT 8 DEVELOPMENT CONTRACT RAPPAPORT ADDITION A-806) Item 6-C RESOLUTION NO. 79-127 E NG CO ONS FOR FINAL PLAT RAPPAPORT ADDITION A-806) Item 6-C ORDINANCE NO. 79-3 ARMPAI NG ZONING ORDINANCE MAPLE CREEK 2ND ADDITION (A-350) Item 6-D* RESOLUTION NO. 79-128 APPROVING AMENDED GRANT APPLICATION AND REQUEST 1978-79 LOCAL PLANNING ASSISTANCE GRANT FUNDS Item 6-E Regular Council Meeting March 5, 1979 Page 66 Manager Willis reviewer the the proposed improvement of proceed only with the Medina to allow development to take Engineer's recommendation to defer Vicksburg Lane in Project 908 and Road improvement and storm sewer plate in a more economical manner. George Jackson, 6480 Murray Hill Road, stated the additional assess- ment burden NTacea on the property by the development of Medina Road and Vicksburg Lane would make development of his property unfeasible and the proposed improvements would not benefit his property. Councilmember Neils stated because of development contract comn:itr.ents on the west frontage of Vicksburg Lane, the ulitmate improvement of Vicksburg Lane cannot be unduly delayed, but he did not find the Engineer's recommendation and the developers' petition unreasonable. Further, the ultimate upgrading of Vicksburg Lane to urban section must be concluded with or shortly after the westErn portion of Vicksburg Lan alv.1 Down- town P'iymouth is completed. Dave Kohner, representing Liberty Shamrock Corporation, stated his company owned 40 acres on the southwest corner of Highway 55 and Vicksburg Lane and expressed support of Mr. Jackson's petition to defer improvement of Vicksburg Lane until some time in the futHe felt improvement of Vicksburg would be premature at this time. James Griod, 2101 Terraceview Court, questioned whether the original deveTopment contract for Shenandoah with Quality Homes required the developer to widen Vicksburg Lane. Manager Willis replied it did not. Mr. Geod inquired why Shenandoah was included in the storm sewer portion of the assessment. Mayor Hunt replied because Shenandoah contributed water to that drainange district. Don Anderson, representing Volp Construction, supported Mr. Jackson's petition to defer cotistruction of Vicksburg Lane since the assessments to their property i.t this time would be excessive and amount to more than they plid for the land. They are ready to submit a plan for developme t of the remainder of the Play- house 2nd Addition. He also stated some action should be taken at this time so that the assessment for Medina Road could be spread over the entire area. MOTION was made by Councilmember Spaeth, seconded by Councilmember- Hoyt, to adopt RESOLUTION NO. 74-129, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR MEDI'lA ROAL FRUM NIAGARA LANE TO VICKSBURG LANE, PROJECT NO. 908, EXCEPTING ANY IMPROVEMENT ON VICKSBURG LANE. Aotion carried or. a Roll Call vote, three ayes. Mayor Hunt voted nay. MOTION was grade by Mayor Hunt, seconded by Councilmember Neils, to reconsider the previous action. Motion to reconsider carried, four ayes 66- MEDINA ROAD/ VICKSBURG LN. IMPROVEMENTS PROJECT 908 Item 6 -F -i f Regular Council Meeting March 5, 1979 Page 67 MOTION was made by Mayor Hunt, seconded by Councilmember Neils, to adopt RESOLUTION NO. 79••129, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR MEDINA ROAD FROM NIAGARA LANE TO VICKSBURG LANE, PROJECT NO. 9089 EXCEPTING ANY IMPROVEMENT ON VICKSBURG LANE. Motion carried on a Roll Call vote, four ayes. MOTION wjs ,-jade by Mayor Hunt, seconded by Councilmember Neils, to direct staff to draft a policy furmat for discussion purposes related to this type of occurance so that assessments may be levied in an equitable manner in the future. Motion carried, four ayes. Council recessed from 10:25 to 10:35 p.m. Council discussed the proposed addition to the Public Utilities Building, Project No. 308. Councilmember Spaeth felt the plan was too expansive and should be handled in phases. Councilmember Neils stated two-story storage was not efficient. and felt -.ddi- tional storage should be provided on the first floor. Hi suggested, if the building project was phased, the first phase should provide vehicle storage and the second phase office and lunchroom facilities. There was discussion of whether the Council Chamber arei. could provide sufficient office space with a minimum of remodeling. Engineer Moore replied he had recently visited buildings :n the area of similar design and he found balcony storage fr;r• tires and iters that are used seasonally to be most economical. First floor storage would be more expensive than the balcony storage and diff;cult to keep secure. He stated that using the old Council Chambers for office space would bring traff!c through the garage area which he wished to avoid. He stated the present plumbing for the toilet facilities would be utilized with some expansion. Manager Willis said staff would investigate the use of movable partit'ons rather than constructing permanent partitions in the office. MOTION was made by Councilmember Spaeth, seconded by Cc-incilmember Hoyt, to adopt RESOLUTION NO. 79-130, A RESOLUTION ORDERING IMPROVEMENT AND PREPAR,ITIOP. OF PLANS AND SPECIFICATIONS FOR PUBLIC UTILITIES BUILDING ADDITION, PROJECT NO. 808 deleting the second story above the new office area. MOTION TO AMEND Hoyt, to provide on grade and on storage area, in des i gn . was made by Mayor Hunt, seconded by Counci ln*mber for alternate bids for expansion of the building a second -story basis, to provide additional both cases incorporating security into the Motion to amend carried, three lyes, nay. Councilmember Spaeth voted 67- RESOLUTION NO. 79129 ORDERING IMPROVEMENT~, FINAL PLANS & SPECS FOR MEDINA ROAD FROM NIAGARA LN. TO VICKS- BURG LANE PROJECT 908 Item 6-F-1 PUBLIC UTILITIES BUILDING ADDITION Item 6-F-2 RESOLUTION NO. 79-1301 PLANS & SPECS FOR PUBLIC UTILITIES BLDG ADDITION PRCiLCT 808 Item 6-F-2 Regular Council Meeting March 5. 1919 Page 68 Motion to adopt Resolution No. 79-130, as amended, carried on a Roll Cal, vote, three ayes. Councilmember Spaeth voted nay. MOTION was made by Councilmember Hoyt, seconded by Coi.j..i lmember Neils, to adopt RESOLUTION NO. 79-1319 A RESOLUTION CALLING HEARING ON IMPROVEMENTS FOR RAPPAPORT ADDITION AND ADJACENT AREA, PROJECT NO. 8469 FOR APRIL 29 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Councilmember Neils, to adopt RESOLUTION NC. 79-132, A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON UTILITY AND STREET IMPROVEMENTS FOR HADLEY PLACE AND THE QUEENSLAND AREA, PROJECT NO. 921 FOR APRIL 2, 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Councilmember Neils, to adopt RESOLUTICN NO. 'Q-1339 A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IHPROVEMENTS FOR THE KINGSWOOD FARM WATERMAIN (HIGHWAY NO. 101) PROJECT NO. 922 FOR APRIL 21 1979 AT 7:30 P.M. Motion carried on a Rall Call vote, four ayes. MOTION was i nde by Councilmember Neils, seconded by Councilmember Hoyt, to adopt R -SOLUTION y0. 79-1349 A RESOLUTION AUTHORIZING PAYMEP-T ON REQUEST FOR PAYMENT NO. 3 IN THE AMOUNT OF $1,575 TO NORTHUALE CONSTRUCfim COMPANY FOR PROJECT NO. 805, 23RD, 25TH AND CHESHIRE LANE UTILITIES AND STREET. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, Hoyt, to adopt RESOLUTION NO. 79-135, A PAYMENT ON REQUEST FOR PAYMENT NO. 2 IN TO NODLAND ASSOCIATES, INC. FOR PROJECT WATERMAIN. seconded by Councilmember RESOLUTION .AUTHORIZING THE AMOUNT OF $10,143.05 NO. 810, ZACHARY LANE Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils. Hoyt, to adopt RESOLUTION NO. 79-136, A PAYMENT ON REQUEST FOR PAYMENT NO. 4 IN TO NODLANU ASSOCIATES INC. FOR PROJECTS OAKVIEW LANE WATERVAIN. seconded by Councilmember RESOLUTION AUTHORIZING THE AMOUNT OF $389966.27 811 and 813, LOSS LAKE AND Motion carried on a Roll Call vote, four ayes. 08- RES'ILUTION NO. 79-13 SETTING PUBLIC tiEARI' RAPPAPORT AUDITION PROJECT NO. 846 Item 6-G-1 RESOLUTION NO. 79-1K RECEIVING REP RT ANG SETTING PUBLIC HEARI HADLEY PLACE/QUEENS- LANO AREA PROJECT NO. 921 Item 6-G-2 RESOLUTION 110. 79-13. RECEIVING REPORT AND SETTING PUBLIC HEARII KINGSWOOD FARM WATER MAIN (HIGHWAY NO. 10 PROJECT NO. 922 Item 6-G-3 RESOLUTION N6 --.f9-134 REQUEST FOR PAYMENT 23RD, 25TH 8 CHESHIR LANE STREET AND UTILITIES PROJECT NO. 805 Item 6-H-1* RESOLUTION NO. 79-139 ZACHARY LANE WATERMA PROJECT NO. 810 Item 6-H-2* RESOLUTION NO: 79-1 REQUEST FOR FYMNT LOST LAKE/OAKVIEW L WATF_RMAIN PROJECTS 811/813 I'.em 6-H-3* 11 Regular Council Meeting March 5, 1979 Page 69 MOTION was made by Councilmember Neils. seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 79-137, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 13 IN THE AMOUNT OF $14,381 TO WEAVER ELECTRIC COMPANY, INC. ELECTRICAL CONTR4rTOR FOR CITY HALL BUILDING PROJECT NO. 615. Motion carried on a Roll Call vote, four ayes. Manager Willis reviewed Finance Director Ricker's memorandum on 1978 City insurance, reporting Employers Insurance Company of Wausau will not renew our contract for Workers' Compensation, property and liability insurance when the contract expires on April 1, 1979. Advertisement for bids was placed in the City's official newspaper and an evaluation of the bids received will be presented to Council at the March 26 meeting. MOTION was made by Councilmember Spaeth, secorlod by Councilmember Neils, to adopt RESOLUTION NO. 79-1389 A RESOI.Ui :nN 111.1THOkI7.ING THE MAYOR AND CITY PLANAGER TO ENTER INTO MTI, PASSENGER WAITING SHELTER PERMIT AGREEMENT C-861 FOR THE INSTALLATION OF PASSENGER WAITING SHELTER AT 36TH AVENUE NORTH AND LANCASTER LANE FOR A SUM NOT TO EXCEED '500. Motion carried on a Rol, Call vote, four ayes. REPORTS OF OFFICL°S, BOARDS AND COMMISSIONS MOTION was made by Mayor Hunt, sz:cotided by Councilmember Spaeth, to appoint John Eagleton to the Planning Coi,vnission for a three- year term Pxpiring January 31, 1982. Motio, carried, four ayes. MOTION was made by Councilmember Hoyt, secorded by Councilmember Spaeth, to appoint Steven Chesebrough to the Park and Recreation Advisory Commission for a three-year term expiring January 31. 1932. Motion carried, four ayes. MOTION was made by Counciimember Neils, seconded by Councilmember Hoyt, to appoint John Mullen to the Park and Recreation Advisory Commission for a (hree-year term expiring Januar; 31, 1982. Motion carried. four ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, to appoint Joanne Johnson to the Park and Recreation Adivsory Com,nission for a three-year term expiring January 1, 1982. Notion carried, four ayes. 69- RESOLUTION NO. 10-137 REQUEST FOR PAYMENT ELECTRICAL CONTRACTOR CITY HALL - PROJECT E' i Item 6-H-4* 1979 CITY INNURANCE Item 6-I RESOLUTION NO. 79-138 RUTH RIZZING P RTICIPA- t .rN IN 1979 MTC PASSENGER WAITIMG SHELTER PROJECT Item 6-J APPOINTMENTS TO CITY BOARDS AND COMMISSION! Item 7-A Regular Council Meeting March 5, 1979 Page 70 MOTION was made by Mayor Hunt, seconded by Councilmember Neils. to appoint John Christian end Phyllis Hanson to the Pi rk and Recreation Advisory Commission as ex -officio members fur the year 1979. Motion carried, four ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adop RESOLUTION NO. 79-139, A RESOLUTION AUTHORIZING THE PLYMOUTH ;iLIMAN RIGHTS COMMISSION TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE MINNE:iOTA DEPARTMENT OF HUK N FIGHTS EFFECTIVE FkOM JANUARY 1, 1979 THROUGH DECEMBER 31, 1979. Motion carried on a Roll Call vote, four ayes. Manager Willis reported on his March 2 meeting with Lon Heinitz and William Crawford, District Director of the Minnesota Depart- ment of Transportation (MN/DOT), outlining the proposed agreement that w;.s reached for MN/DOT's participation in the Fernbrook Lane Improvenent, Project No. 905 and 23rd Avenue North Street Improvement, Project No. 702. u RESOLUTION NO. 79-139 EXTENDING AGREEMENT BETWEEN HUMAN RIGHTS COMMISSION & MINNESOT.. DEPT. OF HUMAN RIGHTS Item 7-B' MOTION was made by Councilmember Spaeth, seconded by Councilmember Hoyt, to endorse the City Manager's proposed agreement with MN/DOT involving their participation in Project No. 905 and Project No. 702 and to direct the Manager to prepare a written agreement for Council's approval. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Mayor Hunt, to adopt RESOLUTION NO. 79-1401, A RESOLUTION CALLING. PUBLIC HEARING FOR 23RD AVENUE NORTH STREET IMPROVEMENTS, PROJECT NO. 702, FOR APRIL 2, 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. Mr. W. J. Cavertau h, 2015 N. Aquila Avenue, Golden Valley, protested the proposed improvement of Vicksburg Lane with a median strip adjacent to his property at the northeast inter- section of Highway 55 and Vicksburg Laoe. He claimed the median strip would prevent access to his property and not allow him to develop the p•ircel. He asked that Council approve a clic in the median opposite his driveway 400 feet north of Highway 55 to give access to his property from Vicksburg, Manager Willis stated there is access from 35th Avenue to serve Mr. Cavanaugh's parcel. Mayor Hunt responded as long as the property remains in the present residential use, it will continue to have access to Vicksburg Lane. At such time it changes from residential use, ii site plan must be presented to the City providing for another ac.ces!, to the parcel. Councilmember Neils stated the 10- RESOLUTION NO. 79-1401 2RU AVE. IMPROVEMENT PRC IECT NO. 702 Regular Council Meeting March 5, 1919 Page 71 Vicksburg Lane will be the only complete north to south thorough- fare in the City, and as this area develops, the high rate of traffic on Vicksburg will demand signalization of the int?rsection with Highway 55. This will result in traffic stacking at that intersection across the Vicksburg frontage of Mr. Cavanaugh's property, making any private drive ;ty access hazardous and virtually useless. Mr. Cavanaugh stated again he could not develop his property with- out access to Vicksburg Lane and petitioned for a median cut opposite his driveway. Mayor Hunt stated the problem can only be resolyed by going through the normal process of seeking site plan approval from the Planning Commission and Council so that a fair decision may be achieved. He stated Mr. Cavanaugh's request for a median cut would be dealt with at the time the final plans and specifications for the project were ordered. Engineer Olson stated the final plans and specifica- tions would be brought to Council for approval at the March 19 meeting. Mayor Hunt reported that he had a communication from the Maynr of M'.nnetonka requested the Council's support of Mr. Al Illies for he League of Minnesota Cities' C.C. Ludwig Award and he fell the Council's support was warranted. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, that the Council endorse Connie Scott's participation on the Advisory Board of the Minnesota Department of Human Rights. Motion carried, four ayes. There was discussion of the Rnird of Zoning Adjustmen+'s ruling that the Code requir-s a driveway to be not closer than 15 feet from the property line and its interpretation for various residential lot and street configurations throughout the City. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to direct staff to include the matter of residential side yard setbacks with various Zoning Ordinance "housekeeping" amendments for future Council consideration. Notion carried, four ayes. The mee lrig was adjourned at 12:30 a.m. n 71- C.C. LUDWIG AWARD LEAGUE OF MN CITIES MN HUMAN RIGHTS COMM. BOARD OF ZONING RULING