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HomeMy WebLinkAboutCity Council Minutes 03-19-1979Page 72 A regular meeting of at 7:40 p.m, in the on March 19, 1979. MINUTES REGULAR COUNCIL MEETIMG March 19, 1979 the Plymouth City Council was called to order by Mayor Hunt Council Chambers of the City Center at 3400 Plymouth Boulevard PRESENT: mayor Hunt, Councilmembers Hoyt, Scibnld and Spaeth, Manager Willis, Administrative Assistant Boyles, Engineer Moore, Planner Tremere and Attorney Lefler. ABSENT: Councilmember Neils, PRESENTATION Campfire girls from Ridgemount and Wayzata Junior High Schools, 3irchview Elementary, St. Bart's and 'diyhcrof-c Schools presented the colors and presented the ''ouncil with a cake in honor of Campfire's 69th birthday. CONSEIT AGENDA* C CAMPFIRE RECOGNITION WEEK - Item 3 MOTION was made by Councilrnember Spaeth, seconded by Council- CONSENT AGENDA member Seibold, to alept the items on the Consent Agenda with Item 5 the exception of ;terns 8-A-1, 8-J-2 and 8-q. Motion carried on a Roll Cal. vote, four ayes. MINUTES MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to appri)ve the minutes of the March 5, 1979 regular Council meeting as submitted. Motion carried on a Ro,l Call vote, three ayes. Councilmember Seibold abstained. PUBLIC HEARINGS Manager Willis reviewed the requirements and procedures for the p,iblic hearings and announced that notices of the hearings were pu Nlished in the P1 outh Post, written notice was mailed to each proVert.y owner in the improvement area, and discussions were held at CLuncil meetings on the subject projects. He then reviewed the proposed vacation of Peripheral Road from 13th Avenue ti County Road 15, MINUTES COUNCIL MARCH 5, Item 5* REGULAR MEETING 1979 A. VACATION OF PERIPHERAL RCAD PUBLIC HEARING VACATION OF Mayor Hunt opened the public hearing at 7:50 p.m. PERIPHERAL ROAD Item 7-A 72- Rigular Council Meeting March 19, 1979 Page 73 Dale Kennedy, representing Carlson Properties, responded K76"uncills questions regarding a^cess to the plat. Manager- Willis read a letter to Council from Mr. W. M. Crawford, District Director of the Minnesota Department of Transportation, stating that the vacation of Peripheral Road from 13th Avenue to County Road 15 would not affect plans for the proposed inter- changes of County Roads 6 or 15 with I-4940 The hearing was closed at 7:55 p.m. MOTION was made by Councilmember Seibold, seconded by C-)uncilmember Spaeth, to approve vacation of Peripheral Road from 13th Avenue to County Road 15. Cou%ilmember Spaet'; expressed his concern that vacation of the road would create a traffic prot'em for the plat. He felt the road should not be vacated beyond ,he southern boundary of the plat. SUBSTITUTE MOTION was made by Councilmember Spaeth, seconded by Councilmember Seibold, to defer action on the vacation of Peri- pheral Road until the site plan for the southwest corner of 13th Avenue North and Berkshire Lane was considered later in the e%_ ing. Substitute motion carried, four ayes. B. PROJECT NO. 718 - TIMBER CREEK Manager Willis explained this public hearing and the following public hearing on removal of diseased trees were being held because of improper notification given to the propert; owners when the original public hearings were held on October 2, 1978. Mayor Hunt opened the public hearing at 8:00 p.m. Jamas E. _SRe_c_k_mann, a e:torney for Tnomas Harty, claimed Mr. Hart did not receive notice of this public hearing. He opposed the assessment because he claimed Pilgrim Lane was of no benefit to his client's property since the parcel had access from East Medicine Lake Boulevard. He claimed the sole benefit of the project was for the homeowners in the Timber Creek Addit.in. He further stated the improve- ment was on the bacK portion of the parcel and did not add to the market value of the property. He stated Mr. Harty purchased the grope ty in March, 19?8. rouncilmember Seibold asked if W. Har;y was aware that the original owner of the property was one of the peti- tioners for the improvement project. Mr. Specs%mann replied Mr. Harty was aware of the pending assessment on the property at the time of purchase, but not that t4 original owner had petitioned for the im- provement.. 73- PUBLIC HEARING TIM'EP COREEK PROJr'CT N0, 718 Ite,i 7-B Regular C^uncil Meeting March 19, 1979 Page 74 Engineer Moore stated the record shows the property was transferred to Geralu ". Harty on December 28, 1978, which is the reason Thomas Harty was not noticed for th-;n hear'nq. Thomas Harty, 1920 E. Medicine Lake Boulevard, stated at ame a bought the property he was aware there was a pending assessment of approximately $4,000. 1;e recently transferred the property to his son Gerald Harty. the public hearing was closed at 8:08 p.m. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-1419 A RESOLUTION ADOPTING ASSESSMENT Iii THE AMOUNT OF $43744.60 FOR PROJECT 718, TIMBER CREEK STREETS. Motion carried on a Roll :rll vote, four ayes. C. DISEASED TREE REMOVAL Mayor Hunt opened the public hearing at 8:10 o.m. No one chose to speak and the hearing was closou at 8:10 p.m. MOTION was made by Councilmember Seivold, sect).,,.A'ed by Councilmember Spaeth, to adopt RESOLUTION NO. 79-1429 A RESOLUTION AUOPTING ASSESSMENT IN THE AMOUNT OF $550.00 FOR 1978 REMOVAL AND DESTRUCTION OF DISEASED TREES FOR PARCEL 71201 PLAT 44560. Motion carries on a Roll Call vote, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Rick Murray, B Land Company, objected to the computation of the park dedication fees for Cedar Ridge Plat II and restated the concerns expressed last year during review of the final plat for Cedar Ridge I. He stated the credit for the .20 acre trail should be calculated on a valiie basis, rather than converted to dwelling units. iJ RESOLUTION NO. 79_-14 ADOPYIK E!V f PROJECT 718 TIMBER CREEK Item 7-B PUBLIC HEARING 1978 DISEASED TREE REMOVAL - Item 7-C RESOLUTION NO, 79-142 ADOPTING WSSESSM DISEASED TREE REMOV Item 7-C CEDAR RIDGE PLAT II B -T LAND CO. (A-813 Item 8-h-1 Planner Tremere replied the City cin take a percentage of the land or fees -in -lieu of $275 per dwelling unit. In the case of Phase I of this development, there was no land dedication involved, so the fee was calculated per dwelling unit, In the case of Phase II, the fee was calculated at $275 per dwelling unit and credit given for the trail dedication, by converting the acres to dwelling units at the approved density, and multiplying by $275 per dwelling unit, Councilmember Spaeth questiotied why the trails were required for this plat. Manager Willis replied the Council requested that trails be included in the plat to provide access to Central Park. Attorney Lefler explaine:i the statutes enabling the community to compensate for the impact of subdivision development in the City, upon parks and open space. 1a- w Regular Council Meeting March 19, 1979 Page 75 MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-1439 A RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CEDAR RIDGE PLAT II FOR B -T LAND COMPANY (0-813). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoy!, to adopt RESOLUTION NO, 79-1449 A RESOLU67ION SITTING CONDITIONS PRIOR TO APPROVAL OF FINAL PLAT FOR CEDAR RIGCE PLAT II FOR B -T LAND COMPANY (A-813). Motion carried on a Roll Call veto?. four eves, t-crION was made by Councilmember Hoyt, seconded by Council - member Seibold, to adopt RESOLUTION NO. 19-1455 A RESOLUTION ADOPTING ASSESSMENT FOR CEDAR RIDGE PIAT II, PROJECT NO. 926, IN THE AMOUNT OF t ,,600.00. Motion carried on a Roll r:all vote, four ayes. MOTION was made by Coutuilmember Spaeth, seconded by Council - member Seibold, to direct staff to prepare an explanation of how the Park Dedication Police is :mpleitrinted in various development situations. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION N0, 79-146, A RESOLUTION APPROVING FINAL. PLAT AND DEVELOPMENT CONTRACT FOR FERNDALE NORTH 4TH ADDITION 'OR LUNDGREN BROS. CONSTRUCTION CO. (A -61S). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to x.pt RESOLUTION NO. 79-147, A RESOLUTION SETTING CONDITIONS PRIOR TO FILING FINAL PIAT FOR FERNDALE NORTH 4TH ADDITION FOR LUNDGREN BROS% CONSTRUCTION CO. (A-61511 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, secondAd by Council - member Seibold, to adopt RESOLUTION N0, 79-148, A RESOLUTION APPROVING AMENDMENT TO RESOLUTION N0, 79-638 ANI EXTENSION OF CONDITIONAL USE PERMIT FOR TEMPORARY REAL ESTATE OFFICE AT 71C NORTH FERNDALE RC,D (A-615) TO SEPTEMBER 1, 1979. Motion carried on a Roll Call vote, four ayes. Manager Willis reviewed the proposed site plan and traffic plan for Trammell -Crow 'Lompany at tine southwest corner of 13th Avenue North and Berkshire Lane which includes the proposed vacation of Peripheral Road. He stated without this street vacation it is not possible to stay within the 75- RESOLUCION NO. 79-1,1Q DEVELOPMENT CON'RACT CEDAR RIDGE PLAT Ii B -T LAND CO. (A-813) Item 8-A-1 RESOLUTION NO. 79-144 SETTING CONDITIONS FOR FINAL PLAT CEDAR RIDGE PLAT II B -T LAND CG. (A-ellj) Item 8-A-1 RESOLUTION NO. 79-145 ADOPTTNG J MENr— CEDAR RIDGE PLAT II PROJECT N0, 926 Item 8-A-1 RESOLUTION NO. 79-1 DEVELOPMENT CONTRACT FERNDALE NORTH 4TH ADDITION (A-615) Item 8-A-2* RESOLUTION NO. 79-1471 FOR FINAL PLAT FERNDALE NORTH 4TH ADDITION (A-615) Item 8-A-2* SOLUTION NO. 79-1 TO RES. NO. 78-638 EXTENDING CUP FOR FERNDALE NORTH TRACT OFFICE (A-615) Item 8-B* SITE PLAN FOR TRAMMELL-CROW COMPAN' 79003) Item R -C Regular Council Meeting March 19, 1979 Page 76 35 percent maximum site coverage and setback regtjirements. He then reviewed the Engineer's memorandum regarding fire lanes and water requirements for firefighting. He stated the site is very densely developed, proposed parking layout requires a deferment of installing spaces, fire lanes need to be resolved and the vacation of Peripheral Road acted upon before the site plan can be approved. Kirt Woodhouse, Trammel -Crow Company, stated the land coverage on Building XRnTy is 35.2 percent based on a drawing which includes canopies arocmd the building that do not actually comprise floor area. They are preparing an agreement to share fire lanes and hydrants with F.C. Hayer Company, Attorney Lefler stated it was not necessary for t'inm to encumber the land for a driveway by an easement, but provi s lor. foi- ingress and egress must be obtained through agreement. Council discussed the green area and parking requirements on the plan. Mayor Hurt questioned future access to the plat and whether it would j interfere with ramps accessing to County Roads 6 or 15. Plans%W Tramere stated the plan would not meP' the ground coveraye requirerteritc or meet parking requirements if Peripheral Road was not vacated. He stated the Planning Commission felt this site could be redesigned to be more efficiently used without putting two buildings on a single site They felt the internal road or the recommended plan represents normal parking lot access, however. Dale Kennedy, Carlson Companies, displaye the proposed design for the i tet•changes at County Roads 6 and 15 int orated with the traffic plan for the site and Planner Tremeve presentee the proof -of -parking plan. Mayor hunt questioned why two buildings wrre propGSed on a single site. Mr. Woodhouse replied for marketing purposes it would be preferable to one long, narrow building. MC -TION was ma by Councilmember Spaeth, seconded by Cuuncil- member Seiboi., to adopt RESOLUT'nN NO. 19-1491 A RESOLUTION AUTHORIZING VALAT I ON OF PE n I PHERAL ROAD FROM 13TH AVENUE T4 HE SOUTHERN BOUNDARY OF THE TRAMMEL -CROW PLAT AS ORIGINALLY PETITIONED FOR. iiaticm carried on a Roll Call vote, three ayes. Counc i I irember Seibold voted nay, Counciimember Seibold stated he felt the road was being vacated for the wrong reason and would result in the parkino lot being used as a drive-through. Counc:ilmember Spaeth stateu ".E: felt it was not a useful road at this time and its vacation will relle'M the City of the requirement of maintaining it. Mlayor- t felt vacation of the road would leave Parcel C without public access if the ower sought a lot division in the future. He asked the Atton,ey 0.1t if it was the intent of petitioner to provide access to Building C by easement through the parking lot of Building B. could conditions be put on site plan approval deleting the area of 75- C RESOLUTION N0, 79-14 AUTRUMMCMAT-T.09 PERIPHERAL ROAD Item 7-A i J Regular Council Meeting March 19, 1979 Page 77 the easement across Building B's parking lot from the land coverage on the site. The Attorney replied such a restriction could be enforced only at the time Buildings B and C are built. Mr. Woodhouse suggested, with regard to Building A, taking the drive to Berkshire Lane and eliminating access to 13th Avenue. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 719-1509 A RESOLUTION APPROVING SITE PIAN FOR TRAMMEL -CROW IOMPANY FOR WAREHOUSE DISTRIBUTION CENTER AT SOUTHWEST CORNER OF 13TH AVENUE NORTH AND BERKSHIRE LANE (79003) deleting Condition 8 and substituting a condition requiring that the curb cut on 13th Avenue for Building A 6e changed to Berkshire Lane lining up with the Prudential site plan on the east. MOTION TO AMEND was made by Mayor Hunt, seconded by Council - member Spaeth, to a& Ccndition 10 requiring petitioner to provide a 20 ft. easement from 13th Avenue Zo provide access to Building C past Building B, assuring the si'te of Building B Coes not exceed the ordinance site coverage requirement by more than .8 percent, after excluding the area of the easement. Motion to amend carried, three ayes. Councilmember Seibold voted nay. Motion to adopt Resolution No. 79-150, as amended, carried on a Roll Call vote, three ayes. Councilmember Seibold voted nay. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION 40. 79-151, A RESOLUTION APPROVING LOT DIVISION FOR EXISTING PLATTED LOT FOR CARLSON COMPANIES (79005) with the addition of vacated Peripheral Road. Motion carried on a Roil Call vote, four Oyes. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-151A, A RESOLUTION SETTING CONDITION: PRIOR TO FILING OF LOT DIVISON FOR EXISTING PLATTED LOT FOR CARLSON COMPANIES (79004). Motion carried on a Roll Call vote, four ayes. Council recessed from 9:45 to 9:50 p.m. RFS')LUTION NO. 79-150 AP-MVl TRAMMEL --CROW COMPANY 79003) Item 8-C RESOLUTION N0. '19-15. MOVING LOT DIV1510 CARLSON COMPANIES 79004) Item 8-D RESOLUTION L70 FOR LOT DIVISON CARLSON COMPANIES 79004) Item 8-D NO. 79-151 Regular Council Meeting March 19, 1979 Page 78 MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION N0, 79-152, A RESOLUTIMI AUTHORIZING ISSUANCE AND SALE rF sUDUSTRIAL DEVELOPMENT REVENUE BONDS FOR APOLLO PIPING C"Mr,4NY IN THE AMnUNT OF 1,4109000. Motion carried on a Roil Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 79-153, A RESOLUTION AMENDING RESOLUTION N0, 79-118 REGARDING CITY OF PLYMOUTH GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt ORDINANCE N0, 79-41 AN ORDINANCE RELATING TO PERMIT PROCEDURES AND FEES; REPEALING SECTION 1015.15 OF THE CITY CODE. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 79-154, A RESOLUTION ORDERING PUBLIC HEl!RING ON THE PROPOSED VACATION OF LARCH LANE NORTH OF COUNTY ROAD 9 FOR APRIL 16, 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt; to adopt RESOLUTION N0, 79-155, A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENTS FOR MEDICINE RIDGE ADDITION, PROJECT NO. 919, FOR APRIL 169 1979 AT 7:30 P.M. and referring report to the assessment Committee. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded meir6er Seibold, to adopt RESOLUTION N0. 79-156, A RECEIVING RE: ORT ON IMPROVEMENTS ON THE EAST SIDE LANE NOR;N GF SOO LINE RAILROAD, PROJECT N0, 918. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 79-62 UVRMT! 17 ISSUANCE A SALE i;F INDUSTRIAL DEVELOPMENT REVENUE BONDS -APOLLO PIPING Item 8-E* RESOLUTION NO. 79-153 AMENDING RES. NO. -1 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICAT'ON Item 8-F* ORDINANCE NO. 79-4 ORDINANCE CHAPTER X OF CITY CODE RE ELECTRICAL INSPECTI6 Item 8-G* RESOLUTION NO. 79-1 HEARING -VACATION OF LARCH LANE NCR OF COUNTY ROAD 9 Item 8-H* RESOLUTION NO. 79-155 RECEIVING REPORT CALLING HEARING MEDICINE RIDGE ADDITII PROJECT N0, 919 Item 11-I by Council- RESOLUTION N0. 79-156 RESOLUTION RECEIVING OF ZACHARY EAST SIDE ZACHARY LANE NORTH OF SOO LINE R.R. PROJECT N0, 918 Item 8-J-1* MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-157, A RESOLUTION RECEIVING REPORT ON IMPHUVEMENTS FOR 1305 KINGSVIEW LANE. PROJECT N0. 913. Mayor Hunt que3tioned whether an Environmental Worksheet would be required for this project. replied because of the size of the project, an be required, but probably various permits woul 78- dAssessment The Planner EAW would not be required. RESOLUTION N0. 79-157 IMPROVEMENTS FOR 1305 KINGSVIEW LAN PROJECT N0. 913 Item 8-J-2 ki Regular Council Meeting March 19, 1979 Paye 79 MOTION was made by Councilmember Seibold, seconded by Council - member Spaetlh, to adopt RESOLUTION N0, 79-158, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS, 807 AND 911, DOWNTOWN PLYMOUTH PHASE III AND IV, EXCEPT NEW COUNTY ROAD 9. MOTION TO AMEND was made by Mayor r'lm t, seconded by Council - member Hoyt, to add the bicycle path along Niagara Lane to this project, Motion to amend carried, four ayes. Motion to adopt Resolution No. 79-158, as amended, on a Roll Call vote, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to adopt RESOLUTION N0, 79-159, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 853 AND 9119 VICKSBURG LANE AND NEW COUNTY ROAD 9. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmerber Seibold, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 79-160, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT `LOS. 853, 807 AND 911, DOWNTOWN PLYMOUTH AND VICKSBURG LANE UTILITIES, Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-1611 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 806, PINEVIEW LANE AREA IMPROV EMr-NTS, Manager Willis reviewed the costs for Pineview Lane improve- ments and recommended it be built as a 40 foot MSA road. Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO, 79-1621, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND OkOERING ADVERTISEMENT FOR BIDS FOR 1979 STREET IMPROVEMENT PROJECTS. Motion carried on a Roll Call vote, four ayes, MOTION was matte by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO, 79-1631 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 1979 SEAL COAT WORK, Motion carried on a Roll Call vote, four ayes, 79- RESOLUTION N0. 79-158 APPROVING PLANS 8 SEC ORDERING ADV. FOR BIDS PROJECT NOS. 807/911 DOWNTOWN PLYMOUTH PHASE III 8 IV Item 8-K-1 RESOLUTION NO. 79-159 C ORDERING ADV. FOR BIDS PROJECT NOS. 813/911 VICKSBURG LANE 8 NEW COUNTY ROAD 9 Item 8-K-2 RESOLUTION NO. 79-160 APPROVING PM 8 C ORDERING ADV, FOR BIDS PROJECTS 853/807/911 DOWNTOWN PLYMOUTH A ViCKSBURG LN. UTILITIE Item 8-K-3 RESOLUTION NO. 79-161 ORDERING ADV. FOR BIDS PROJECT NO. 806 PINEVIEW LANE IMPROVMT Item 8-K-4 RESOLUTION NO. 79-162 APPROVING PLANS a SPE( ORDERING ADV, FOR BID$' 1979 STREET IMPROVEMT!] Item 8-K-5' RESOLUTION NO, 79-163 APPROVING -A "ITE, ORDERING ADV, FOR BION 1979 SEALCOAT WORK Item 8-K-6" Regular Council Meeting March 19, 1979 Paqe 80 MOTION was made by Councilmember Spaeth, seconded by Council - member Seihold, to adopt RESOLUTION NO. 79-1649 A RESOLUTION AWARDING BID FOR PROJECT NO. 837., SCHMIDT LAKE HILLS SEWER AND WATER EXTENSIONS TO VIARBARCSSA & SONS, INC. IN THE AMOUNT OF $2249271.00. Motion carried on a Roll Cali vote, four ayes. Councilmember Seibold questioned thf, difference between a Class I and Class II restaurant. Planner Tremere replied a Class I restauran is a restaurant served. A order your own the premises. restauranC where you sit down, order from a menu, and are Class II restaurant is a restaurant where you food at a counter and take it out or eat it o.i Council discussed the possibility of a Class I having some Class II services, such as a carry -out counter. MOTION was made by Counciln.ember Hoyt, seconded by Council - member Spaeth, to adopt RESOLUTION NO. 79-165, A RESOLUTION APPROVING GUIDING FOR PLYMOUTH HILLS ADDITION, LOTS 6 AND 19 BLOCK 1 ., FOR CLASS 1 RESTAURANTS IN ACLORDANCE WITH THE APPROVED GENERAL DEVELOPMENT PLAN PROVIDED THAT NONE OF THE PRACTICES DEFINED AS THOSE OF A CLASS iI RESTAURANT BE PERMITTEC. Motion carried on a Roll Call %,ote, four ayes. Louis Florek, 1215 Peony Lane, recommended dredging the Middle Pond of the Pinetree Pond System to insure that it would be a permanent pond and maintain a minimum depth of normal water level of four foot. C. W. Kleinsteuber, 1225 Peony Lane, claimed the Middle Pond has 6een destroyed by the Pinetree Pond storm sewer and his property has been devalued. He suggested putting in a larger culvert back two feet rather than dredging the pond. Engineer Olson replied the water level of the Dond has been dropped so that water• can move through the pond system. The level is kept at one and one-half foot to provide water storage. Council discussed the possibility of constructing a control structure to regulate the water level of the Middle Pond. Engineer Olson replied the structure could be guilt, but its maintenance would be difficult acid would depend on someone being available 24 hours a day in case of rain. Mayor Hunt inquired if the Minnehaha Creek Watershed District has approved the prnposal fo: dredging. Engineer Moore replied they have not approved the dredging, but only asked the Council to consider the proposal. Council discussed means of disposing of the much from a dredging operation. Engineer Olson stated we would have to show some environmental benefits to obtain a permit to dredge from D'4R. 80- RESOLUTION NO. 79-164 AWARDIN 10 PROJECT NO. 832 SCHMIDT LAKE HILLS SEWER & WATER EXT. Item 8-L' PLYMOUTH GUIDING BLOCK 1 HILLS ADDN. FOR LOTS 687 Item 8-M RESOLUTION NO. 79-165 u HILLS ADDITION LOTS 6 8 7, BLOCK 1 Item 8-M IMPROVEMENTS TO MIDDLE POND IN PINETREF POND SYSTEM Item 8-N J gegular Council Meeting March 19, 1919 Page 81 John Morr'.s, 18135 - 13th Avenue North, stated since the pond has been Trained, the marsh has dried up and there is much less wildlife in the area. He stated he bought his property for the Fond and since the storm sewer project drained the pond, he felt the pond should be dredged and restored by the City without cost to the residents. Mayor Hunt questioned the Engineer about possible percolation problems resulting from the dredging, and asked how long it would take to reestablish the vegetation after dredging. Engineer Olson replied they did not run into percolation problems when the improvement project was undertaken. He further stated the vegetation would come back in approximately three to four years, but if the pond is dredged over four feet, the vegetation will not come back and it will result in a pool rather than a marsh. He stated the muck would have to be placed on higher ground above flood level or trucked away. Dale Sheets, 11930 - 12th Avenue, suggested if a 20 foot channel Wa'sTre g -ea at the other end of the culvert and a dike installed, he felt it would restore the pond anti marsh. He stated the residue from the channel was put onto his, property when it was originally dredged and has remained without any slippage back into tha pond. If the pond was dredged, he would be willing to take more residue onto his property. Engineer Olson stated if the Middle Pond was to be dredged, some sort of collar or check dam wojld be placed in between the ponds to prevent seepage. Councilmember Seibold asked if a valve on the culvert should be ruled out. Engineer Olson replied he would not suggest any kind of manually -controlled valve that must be maintained since it would require attention every time it rained. Ralph Goodwin, 1430 Ranier, stated he found the water level in t e Middle Pond and the northern pond to be essentially the same. When the Middle Pond is dry, it is because the upper pond is lower. If the Middle Pond is dredged four feet, it will solve the problem without any valve at the culvert. MOTION was made by Councilmember Spaeth, seconded by Council - member Hoyt, to direct staff to work with DNR and Minnehaha Creek Watershed District towards resolving this problem by dredginq the Middle Pond, and to attempt to obtain assistance in financing from both organizations fur the purpose of maintaining the pond as a wildlife area with the understanding that Plymouth would participate in the project. John Morris asked that Council consider the entire original boundaries oT t e pon within the dredging project. 81- Regular Council Meeting March 19, 1979 Page 32 MOTION TO AMEND was made by Mayor Hunt, seconded by Council - member Hoyt, to include the entire area within the original boundaries of the. pond in the dredging project. Motion to amend carried, four ayes. Main motion, as amended, carried, four ayes. MOTION was made by Mayor Hunt, seconded Seibold, to direct staff not to proceed watermain crossing on Fernbrook Lane at Project 804, until such time that it is provide water to the homes in the Cedar Motions carried, four ayes. MOTION was made by Councilmember memher Hoyt, to adopt RESOLUTION AUTFORIZING PREPARATIONS OF PLANS FOUR SEASONS-MEADOWLAWN TRAIL. by Councilmember with the temporary Plymouth Creek, essential to Ridge Addition. Seibold, seconded by Council - NO. 19-166, A RESOLUTION AND SPECIFICATIONS FOR THE az tion carried on a Roll Call vote, three ayes. Councii- member Spaeth voted nay. NOTION was made by .,iuncilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION N0. 19-167, A RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE AMOUNT OF $8,105.00 REVISING THE CONTRACT PRICE TO $296,184.50. Motion carried on a Roll Call vote, four ayes. W. M. Cavanaugh, 2015 N. Aquila Avenue, Golden Valley, requested the opportunity to address Council on the Vicksburg Lane improvement prosect which was approved earlier in the evening. Mr. Cavanaugh stated he is not willing to give up the access to his property which he claims will be taken by the proposed median on Vicksburg Lane and petitioned for a cut in the median to access his driveway on Vicksburg Lane, Councilmember Spaeth replied at the time Mr. Cavanaugh requests site plan approval for his property he may petition for access to his property from Vicksburg Lane; in the meantime, access to his property will not be taken. The present residential land use of his property allows him access from Vicksburg land, but when the land use changes, a site plan will be required, The proposed median on Vicksburg Lane will restrict turning movements from Mr. Cavanaugh s property but it will not take away access to his property, Mr. Cavanaugh was guaranteed of the City. claimed when a cross-over Councilmember he purchased the to his property Spaeth replied 82- property he from an agent at the time Mr. TEMPORARY WATERMAIN CONNECTION-FERNBROOK LANE AT PLYMOUTH CREEK Item 8-0 RESOLUTION NO. 19-166 AUTHORIZING PLANrr SPECIFICATIONS FOR FOUR SEASON-MEADOWLAWi TRAIL Item S -P RESOLUTION N0, 79-167 APPROVTNCHANGE ORDER NO. 2 PROJECTS 811/813 Item 8-Q VICKSBURG LANE IMPROVEMENTS PROJECTS 853/911 Item 8-K-2 11 r Regular Council Meeting March 19, 1979 Page 83 Cavanaugh purchased the property, construction of Vicksburg Lane was not yet planned. Council was presented with the plans for Vicksburg Lane for the first time at this meeting. Mr. Cavanaugh stated he felt the present traffic on Vicksburg Lane does not demand a median on the street. He felt his property was being harmed and his access was being closed off. Councilmember Spaeth stated Mr. Cavanaugh's property is being improved with a blacktop road and sewer and water and he would retain his present access to Vicksburg as long as the property remained in its present residential use. Mayor Hunt stated the ovtrall interest of the community is that a major thoroughfare convey traffic it is designed to receive in the City's Thoroughfare Guide Plan and provide safety at all intersections. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 79-168, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 6 IN THE AMOUNT OF $69235.65 TO E.H. RENNER 8 SONS FOR DEEP WELL NO. 59 PROJECT N0, 812. Motion carried on d Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO, 79-169, A RESOLUTION AUTHORIZING PAYMENT OF DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 31, 1979 FOR THE FOLLOWING FUNDS: GENERAL FUND, CONSTRUCTION FUND, UTILITIES FUND, HOUSING & REDEVELOPMENT AUTHORITY AND SPECIAL ASSESSMENT FUND IN THE AMOUNT OF 1,541,514.37. Motion carried on a Rol? Call vote, four ayes. MOTION was made by Councilmernber Spaeth, seconded by Council - member Seibold, to adopt RESOLUTION NO. 79-170, A RESOLUTION AUTHORIZING PAYMENT OF DISBUIRSEMENTS FOR THE PERIOD ENDING FEBRUARY 28, 1979 FOR THE FOLLOWING FUNDS: GENERAL FUND, CONSTRUCTION FUND, UTILITIES FUND, HOUSING b REDEVELOPMENT AUTHORITY AND SPECIAL ASSESSMENT FUND IN THE AMOUNT OF 342,782.28. Motion carried on a Roll Call vote, four ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Council reviewed suggested wkles for Council meetings. Attorney Lefler stated the only place we have written guidelines for the conduct of Council meetings is in the Administrative Sec:tior, of the City Code, The Council has not adopted separate policies with regard to the conduct of meetings. 83M RESOLUTION NO. 79-IE9 REOUEST FOR E DEEP WELL NO. 5 PROJECT NO. 812 Item 8-R* RESOLUTION N0, 79-169 AUTWZTNG PERIOD ENDING 1/31/79 Item 8-S* RESOLUTION NO. 79-1701 PERIOD ENDING Item 8-S* RULES FOR MEET TNGS Item 9-A 2/28/791 COUNC I I Regular Council Meeting March 19, 1979 Page 84 Rod Kelsey reviewed the recommendations for revisions in the 1974 Plymouth position classification, salary administration and performance review plans, developed through a personnel study conducted by Stanton Associates. He explained the evaluation process and repsonded to Council's questions about the positions that had been reclassified and the use of goals and objectives in the program. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-171, A RESOLUTION ADOPTING 1979 SALARY ADMINISTRATION, POSITION CLASSIFICATION AND PERFORMANCE EVALUATION PLANS, EFFECTIVE APRIL 1, 1979. Motion carried on a Roll Call vote, three ayes. Council - member Spaeth abstained. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to direct the Manager to report to Council on the effectiveness of the implementation of this plan. Motion carried, four ayes. Manager Millis reviewed the request of the Volunteer Fire Department for a seven percent salary increase for 1379 and the results of a survey of volunteer firefighter pay in the area indicating the rates paid by Plymouth are, in almost every case, greater than those paid by any other community, MOTION was made by Councilmember Seibold, seconded by Council - member Spaeth, to maintain the current s.A!sry schedule for volunteer firefighters and review it again at the time the 1980 budget is prepared. Motion carried, four ayes. MOTION was made by Councilmember Seibold, seconded by Council - member Hoyt, to reaffirm Mayor Hunt's appointments of Dave Davenport as Cha:rmar of the Pldnning Commission and Alan Hdtfield as Chairman of the Board of Zoning Adjustment for 1979. Motion carried, four ayes. Engineer Olson reported on the condition of roars in Plywouth under construction, particularly Fernbrook Lane. he reported he was working with the contractors to try to keep the roads passable. The meeting was adjourned at 1;15 a.m. 84- 1979 STANTOA PERSONNEL STUDY Item 9-B RESOLUTION NO. 79-17 ADOPTING 1979 SIUM ADMINISTRATION, POSITION CLASSFICA110 b PERFORMANCE EVAL. PLANS - Item 9-B FIREFIGHTER PAY RATE. APPOINTING CHAIRMEN PLANNING COMMISSION BOARD OF ZONING STATUS OF ROADS IN CONSTRUCTION AREAS