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HomeMy WebLinkAboutCity Council Minutes 07-09-1979 SpecialPage 183 MINUTES SPECIAL COUNCIL MEEi:„A July S. 1979 A special meo ing of the Pl,vmouth City Council was called to order by Actinq Mayor Spaeth at 7:30 p.m* iii the Council Chambers of the City Center at 3400 Plymouth Boulevard on July o. 1979. PRESENT: Acting MAyor Spaeth. Councilmembers Davenport, Hoyt, and Neils, Manager Millis, Administrat've Assistant 9oylps, Engineer !amore, Planner Tremere and Att„r.)ey Lefler, ABSENT: Mayor Hunt. CONSENT AGENDA* MOTION was made by Councilmember Neils, seccnded by Councilmember CONSENT AGENDA Hoyt, to adopt the Items on the Consent Agenda with the deletion Item 4 of Item 7-F-1 and the addition of Items 7-H-4 and 7-N-2. Motion carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to approve the minutes of the June 18 regular Council meting as submitted. tion carried on a Roll Call vote, four ,lyes. MOTION *rs madn by Count: lmember Neils, seconded b. 41juric ; lmember Hoyt, to approve the minutes of the June 25 special Council meeti% as submitted. Motion carried on a Roll Call vote, four ayes PUBLIC HEARING Manager Millis introduced the public hearing to review the request of Insilco Corporation (Miles homes Division) for industrial develophinnt revenue bond financing in the amount of $4,50u,000 for construction of a 50,000 square foot headquarters bui l0ing in the City of Plymouth. The Manager announced in accordance with State law public notice of this hearing was published in both the New Hope -Plymouth Post and the Minneapolis Tribune. Acting Mayor Spaeth opened the public hearing at 7-.50 p.m. No nne chose to speak ak;d the hearing was closed at 7:50 p.m. 1183- MI NL;TES - REGULAR COUNCIL MEETING JUNE 10, !979 Item 5* MINUTES - SPECIAL COUNCIL MEETING JJLY 259 1979 Item 5i PUBLIC HEARING INSILCO CORPORATION MILES hOMES DIVISICV INDUSTRIAL DEVELOPML REVENUE BOND REQUEST Item 6 Special Council Meeting July 9, 1919 Page 184 Counctomen.aer Nolls questioned whether plant fatllities were proposed to be built it thc+ fu.ure on the 15 acre site purchased by Insilco corporation. Ac :ing Mayor Spaeth replied office facilities only are proposed fo., this site. Councilmember Veil% expressed concern that the request called for 100 percent financing rf the land and hui lding. He stated he wculd prefer to see 20-25 percen° equity from the owner in the real estate portion of :ho project. Herbert F. Kahler, president of Miles Homes Division of Insilco Corp., responded -to ounc41's questions regardin3 the proposed office facility stating miles Homes Division employes 450 persons and proposes to employ 230 per!aris ii. the view facility. This facility will be primarily a white collar production facility, inclisding draftsmen preparing home pians and clerical employees, with storage for plans and sales mateL-iais. They are selling homes to ameeur home builders and they provit'^ a great deal of service throughout the entire transaction. They hove been growing at the rate of 20 percent per year and they anticipate that continued grawth and have .based tiie size of the building on this growtt. riste. The faWity will house their entire oftice force and there will be no factory bt this location, Counci lmember Neils questioned Fir. Kahler if they remould be willing to contribute 25 percent of the equity in the real estate. Mr. Kahler replied the cost of doing business in the State of Minne;ota it, quite high, but they are looking for the advantage of IRB financing to let them build here. He stated they r:ould prefer not to make such a Kub- stantial investivnt, whicif in this case would Involve over 51,00,000. Manager Willis stated the I;,ity's policy indicates a reasonable equity in the project must be shown. He stated in the case of Insilco Corporation, they a^e proposing to nwke a long term comnitsent to Plymoutn and employment in our contrrucity b; the purchase of a 15 acre parcel. They will have adlitional capital expense in the project in the amount of $1,400,000 for furnishings a,ad equipment, which he feels is in keeping with the intent of the total policy, In addition, the backing of Insilco Corporation will be pledged to the bonds and there will be private placement of the bond:i. Steve Jacobs, Dain Kelman 8 Quail, responded to Council's questions regar ng p.acement of the fronds stats% it would be a private rlacwnent. MOTION was made by Counci lmember Hny t, seconded by Counci irrem.%er Neils, to adopt RESOLU'IOh NO. 19-346, A RESOLUTION GIVING PRE- LIMINARY APPROVAL TO INSILCO CORPORATION (NILES HOMES M VISIGN PROJECT) UNDER fHE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSION OF SECURITIES FOR APPROVAL; AND AUTHORI1IP10 EXECUTION OF A MEMORANDUM Of AGREEMENT AND PREPARTION OF NECESSARY COCUMENT,', Motion carried on a Roll Call vote, four ayes. I RESOLUTION NO. 19-346 lid l N6 tEL INI NDWTRI..L DEVELOPMENT REVENUE 66111D FINANCING INSII r0 rOKP. (P!LES HOMrS DIVIS!ON IRJECT) Item 6 9 Special Council Melting July 9, 1979 Page 185 MDT ION was ;wade by Co incl Imember Nei Is, seconded by Counci Imer L: r Hoyt, to direct staff to advise the Planning Commission that in any c-)nsidera tion of 'he land use issues related to this proposed prfiject they should bt in no way influenced er biased by (,until approval of industrial revenue bond financing. Motion carried, four ayes. Manager Willis reviewed Ban -Con's request for Concept Plan ap- RPUD CONCEPT PLAN proval of the "Amherst" RPUD on approximately 144 acres east of AMHURST RPUD (79046) Vicksburg Lane and north of Turtle lake with minimum lot size BAN -CON, INC. of 10,000 square feet and average lot sire of 12,50 square feet. Item 7-A He felt the timetable to open models this fall was ambitious in relation to providing utilities for this project at that time. Councilmember Neils commented on the following i:ems: 1) Past practice has been not to consider any lands cl-asA fied as "wetlands" as land available for determination of density. The proposed connection from Juneau Lane westerly to Vicksburg lane is a street that performs a major collector function for the proposK.d develop- nient and the number of private driveway accesses onto that st ?et should be reduced at the time of prelimini ry platting. 3) The com- bination of this RPUD and the recently approved Pflaunwell RPUD results in a major development, and a study should be made of the overall traffic circulation pattern from Fernbrook to Vicksburg and County Road 9 to 49th Avenue. 4) Consideration should be given to Increasing the size of the peripheral lots abutting residential land to be developed in the future. 5) The matter of quadraminiums in an LA -1 RPUD must be considered unless they are in the center of the development completely surrounded by single family housing. Councilotember Hoyt questioned if all of the wetlands area was figured by the petitioner in the density calculation. Planner Tremere replied it was. Councilotember Davenport inquired whit the d:nsity would be if ponding areas were deleted. Planner Trem:re responded it would be a matter of deducting 12 acres from approximately 144 acre%. Councilmember Hoyt expressed concern that the only access into the proposed park was three trail corridors, and stated she felt it would be imperative that there be access to the park from public streets so that the general public can use the park and residents do not consider it a private facility. Councilmember Davenport agreed there must be street access to the park so it would be accessible to the general community. Planner Tremere stated it has not yet been determined by PRAC or the Planning Commission whether the park shall be an "a-tive" or passive" facilit„v. 185- Special Council P!eeting July 9, 1979 Page 186 Councilmember Davenport stated he would be introduced in'o the park will be utilizing the park. hoped some active characteristics since approximately 2,000 people Councilmember Neils questioned the maximum area that would be required for a neighborhood park and whether park dedication credit would be given for development of tennis courts, etc. in a neighborhood park. He recommended that 5 to 7-1/2 acres be required for r. neighborhood park area, exclusive of any ponding and passive area, ani that a licnc be set on how much would be acceptable to the City for park dedication credit. Haos Hagen, representing petitioner, replied to Council's concerns on the proposed traffic pattern stating they nave made every effort to fit it into the City's existing Thoroughfare Guide Plan and to make the trail corridors through the park consistent with the City's Trail Corridor Plan. He felt the proposed quadraminiums provided a mix of housing types and were buffered from adjacent single family housing by the pond. He stated a 12 -acre park and 11 acres of ponding is proposed for dedication in conjunction with the Pflaumwell development. He stated this is not unbuildable land and is not wetland. The park will serve approximately 1,C33 dwellings in the future and will be developed into some"passive" and some "active" recreational Areas that will not interfere with homeowners. hip. Hagen stated the lots are 80 f,?^t in frontage except in special instances, and the price range of the homes was proposed at $60,000 to $115,000. 3S foot front setbacks and 5 foot and 10 foot sideyard setbacks are proposed. All these homes are designed to fit on these lots without further variances, and the smaller lots allow for lower cost of homes. Marlin Grant, representing Marvin Anderson Construction Co., questioned what type of units are allowed in an RPUD on LA -1 guided property. Acting Playor Spaeth replied this question will be answered as the Council considers this Concept Plan, Councilmember Davenport felt there could be conflicting forms of ownership with the proposed configuration of the pond as proposed. Councilmember Neils questioned whether public ownership of the pon0ing area is desirable if it includes some "active" and sos;v "passive" areas, and if it would be desirable to treat it as exclusively a drainage area. NOTION was made by Counci ln ember Neils. secunded by Council - member Davenport, to adopt RESOLUTION 40. 79-347, A RESOLUTION APPROVING CONCEPT PLAN FOR "AMHURST" RPUD PROPOSED 81I BAN -CON, INC. (79046) with the following additions: 1) Condition 8 stating that wetlands areas shall not be credittd for density cowi)utation, and 2) Condition 9 requiring final street arrar.ge- wnt to he conditioned by a snowing of reasonhble !treet circu- lation in an affected area bounded by Vicksburg and Fernbrook Lanes and County Road 9 and future 49th Aven4e. 186- RESOLUTION NO. 79-347 APPROVING CONCEPT PLAN AMHURST RPUD (79046) BAN -CON, INC. Item 7-A 1 Special Council Meeting July 9, 1979 Page 187 MOTION TO AEtEND was iro to by Cnuncllmember Davenport, seconded by Councilmember Hoyt, ay adding Condition 10 statfni ther@ iha'l be Public street access to the park area and public parking. Mocion to amend carrlitd, four aye!. NOTION TO AME%D was milde by Councilmember Neils, seconded by Councilmember Davenport, by adding condition 11 stating external lots on the north, east and southwest sides of the plat shall be a minimum of 13,500 square feet. Motion to amend carried, four ayes. Notion to adopt Resolution No. 79-347, as amended, carried on a Roll Call vote, four ,ayes. Council discussed whether anything other than single family detached Domes shall be considered in an LA -1 area. COUPLilmember Neils stated Council has taken the position there should be no multiple family '%W- attached rattachedstructuresinanLA -1 area and has requested criteria f^om the Planninq Commission as to cases where other types of residences would tDe ac: ,Ptable in an LA -1 at*Qa. Go4o,11r.*ri,ber I,)avenport g+wstioreld how the Planning Commission dis- tinguished this RPUD from the Zachary Hills RPUD. Planner Tremere replied the Planning Commission felt these considerations were prevalent: 1) th+Are are no existing residences adjacent to the plat; ard 2) the topography, in this case, creates a buffer from single family homes with the ponding and open space: area. Councilmember Davenport stated he felt the consensus of the Planning Commission was there was not to be LA -2 housing in an LA -1 area unless it was totally ringed by that development's own construction by more than oiie row of homes. Hans Hagen stated thi? City's RPUD Ordinance does not exclude any type of housing and they have attempted to meet the goals established by the ordinance. If open space if considered a suffer, they have accom- plished this to the greatest degree possible, Mr. Hagen stated the RPUD Ordinance does nut specify lot sizes and if they are required to increase the size of the perimeter lots it will add too much to the cost of developing the plat. Councilmember Hoyt stared, according to the City's RPUD Ordinance, quadraminiw.ns are an aczeatable housing type and they provide an alternate type of housing and keep the price of the project down, and she felt in this proje,,t they fit into our RPUD Ordinance with the open space buffet'. Couricilmember Neils expressed concern about the need for variances for the proposed sideyard setbacks and stated it is not appropriate to be addressed at concept plan stage. Councilmember Davenport stated, as far as overall concept designs l could endorse minimum 10 foot sideyard setbacks and the requirement that driveways on corner lots have ingress and egress to cul-de-sacs, 187. Special Council Meeting July 9, 1979 Page 183 MDTION was made by Councilmember Neils. secandtd by Councilfwwber Hoyt, to direct staff to review thjs development and the Pflaummell develoom•:nt with respect to the overall circulation slattern in the related area bounded by Fernbrook and Vicksburg :ane and by County Rodd 9 and future 49th Avenue, and providing reasonable Ingress and egrees access Tor the contemplated traffic in this area taking into account the following: 1) in the Pflaumwell development the adequacy of the intersecticir. distance for the most westerly access to old Coun y Road 9 froua the intersection of new County Road 9; 2) the merits of making tvie easterly or,cess from the Pflaumell develop- ment to County Road 9 a curvilinear Interior extension of Juneau Lane with the possibility of vacati+ty th;: s xisting Juneau Lane rigrat-of-way at its present approach to County Road 9; and 3) the concept of the Amhurst development providing a c1.rc4j14r extension within the plat of Juneau Lane terminating ssatewh%rr: near the northeast corner of the knhoirst plat for continuation to the north and/or east. POTION TO MEND was made by Councilmember Spaeth, seconded by Council- rrember Neils, to direct the MAnagir to come back to Co.incil with a cost e-stimate for having a traffic enrjineer complete this study and extend the area of the study to I-494. hlbtion to amend carried, four dyes. Main motion, as amended, carried, Your ayes. Mi VON was made by Councilmr:mber Neils, seconded by Councilmember Hoyt, to request staff to provide proposed criteria for deYelopmen. or '': rt thereof of housing structures other than single fami ly homes In LA -1 guided RPUD's to tv addressed by the Planning Commission at their earliest meetinq. Motion carried, four 4141. Manager Willis reviewer request for site plan approval fur site plan approval for add -tion to the Hunder Vo!rttal Cliaic for- L.W. Samuelson at -025 Evqtryreen lane and the Planning Commission's rec:ommenda t i on to derv. Planr er irremere reviewed the site plan showing setbacks from Evergreen Lane to f.he new addition as approximately 50 feet; front the rear of the building to the nnrthern property line which is the same as the original building's setback of 25 feet. The original approval of the site called for a 50 foot setback to the north ling. The Ordinance requires 75 f`eet minimum setback. Counci biember r1avenport spoke in oppose tior. to this proposed expansion for that reasons indicated oy the Planning Commissior. Al the time it was originally approved there was concern about the encroachrteit of this commercial use into a residential area and this expwi ion would tend to allow further encroachment into the neighborhood. 188- 1.1 SITE PLAN FOR HUND:R DENTAL CLINIC ADDITION (79038) L.W. SAMUELSON Item 7-B 1 Special Council Meeting July 9, 1979 Paye 189 L. W. Samuelson. representing Dr. Hunder, stated the addition is necessary to provide additional floor space for the dental facility for Dr. Hunder and expansion for the clinic allowing room for two additional doctors now practicing in other locations in Plymouth. They considered placing the structure on the wait side of the building but this would require removal of ail vegetation from the east of the building to provide a parking area. Putting the addi- tion on the east side of the building allows thtm t hide the building behind the hill and gives it some aesthetic advantage. Council considered whether there w+ss a true hardship for the use of the land in granting this variance. Marian Deininger, 1100 Evergreen Lace N., representi ig residents of Evergreen lane, presented a petition with 28 signatures sup- porting the Planning Commission's recommendation, denying any further develnoment if this property. She stated a privacy fenca has not been provided on the north side of the properly avid at present there is a wire fence on the north side of 0e lot and the weeds on the west side o` the building have clot been mowed. She displayed pictures showinS the weeds and the Pence. She further stated the proposed use contemplates cutting down some trees and cutting down a knoll, which would be a further intrusion upon the residentidl neighborhood. MOTION was made by Councilmember Hoyt, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-348, A RESOLUTION DENYING SITE PLAN FOR ADVITION TO HUP10ER DENTAL CLINIC FOR L.N. SAMUELSON (79038). MDtion carried on a Koll Call vote, four ayes. James Hunder, n.D.S., petitioner, asked what further steps he could take for expansion of the tuilding. Actiag Mayor Spaeth responded he could submit a new plan for a design that would not require variances. MVION was made by Councilmember Davenport, seconded by Council - member Hoyt, to adopt ORDINANCE NO. 79-13, AN ORDINANCE AMENDING THE: ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 20, T014NSHIP 118, RANGE 22 AS RI -A (LCA! DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) FOR KEITH STOTTS (19017'.. Motion carried on a Roll Call vote, four ayes. Councilmember Neils expressed concern whether the Prcllimina plat, as proposed, would result, in a street access that is in. appropriate or whether Council should deny the preliminary plat dosign to decrease the possibility of proliferation of driveway accesses. Planner Tremere reviewed Planning Commission's recommendation that this was the best design for this particular dr!velopment considering the existing home on the plat. 189- RESOLUTION NO. 79-348 OEN NGT EYs.XN FZ'li ADOITIWi TO HUI4DER DENTAL CLINIC FOR L.W. SAMUELSON (79038) Item 7-8 ORDINWiCE NO. 79-13 AMENDING ZONING ORDINANCE AS RI -A FOR KEITH STOTTS (19017; Item 7-C Special Council Meeting July '9, 1979 Page 190 MOTION was made by Councilmember Hoyt, seconded by .ounc i S •• member Neils, to adopt RESOLUTION NO. 79-349, A RESOLUTION APPROVING PRELIMINARY PLAT FOR ME. KEITH STOTTS (79017). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hovt, to adopt RESOLUTION NO. 79-350, A RESOLUTION APPROVING A14ENDED FINAL PLAT FOR FERNDALE NORTH 4TH ADDITION FOR LUNDGREN BROS. CONSTRUCTION CO. (A-615). Notion carried on a Roll Call vote, four ayes. MOTION wns made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUT;ON NO. 79-351, A RESOLUTION Apr ROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOk PLAYHOUSE 14DUSTR.IAL PARK 2N0 ADDITION FOR VOLP CONSTRUCTION COMPANY A-571). Potion carried on a Roll Call vote, foitr ayes. NOTION bras made by Councilmember Neil member Hoyt, to adopt RESOLUTION NO. SETTING CONDITIONS PRIOR TO FILING OF INDUSTRIAL PARK 2ND ADDITION FOR VOLP A-_71). s, seconded by Council - 79 -352, A RESOLUTION FINAL PIAT FOR PLAYHOUSE CONSTRUCTION CORPANY Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt kESOLU N ON NO. 79-353, A RESOLUTION, APPROVING CONDITIONAL USE PERMIT FOR McCOMBS-KNUTSON ASSOCIATES FOR FOUR OFFICE TENANTS AT 12800 INDUSTRIAL PARK BOULEVARD with the addition of Co:uli cion 4 requiring that erosion control and trpp '-.z worked out with the City and the owners of the property. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adapt RESOLUTION NO. 79-3541 A RESOLUTION APPROVING CUNDI T IONAL Ot PERMIT Rf NEWAL FOR HOME OCCUPATION TO CONTINUE OPERATION OF TRUCK DELIVERY SERVICE FOR CLA,RENCE JANSSON AT 1150 HIGHWAY 101 (A-632). Motion carried on a Roll Call vote, three ayes. davenport abstained. Council recessed from 10;15 to 10:30 p.m. 190- 0unciImember RESOL,IT ION NO. 79-349 W RO NGPRELIM. PLAT -KEITH STOTTS 79017) Item l -C RESDLUT1014 NO. 79-350 APPROVING AMENDED FINAL PLAT FOR FER14DALE NOPTII 4TH ADON. LUNDGREN BROS. (A-615) Item 7-D• RESOLUTION NO. 79-351 A FP1 IOY NG F T NAL 'PLXT -A DEVELOPMENT CONTRACT PLAYHOUSE INDUS. PARK 2ND ADDITION FOR VOLP CONSTRUCTION CO. A-571) Item 7-E' RE SO :IIT I ON NO. 79-352 M fMG COiDTIONS FOR FINAL PLAT PLAYHOUSE INDUS. PARK 2ND ADON. VOLP CONSTRUCTION A -S71) Item 7-E' RESCLUMN N4. 79-353 A ROVNGCNDITTOAL USE PERMIT FOR McCOMBS-KNUTSON ASSOC. 79043) Item 7-F-1 RESOLUTION N0, 74-354 APPRO IG(1NMY 10N l USE PERMIT RENEWAL TRUCK DELIVERY SERVICE CLARENCE JANSTUN Item 7-F-2• n Special Council Meeting July 9. 1979 Page 191 Manager Willis rt•vi med tyre bids received for the 'Jublic. Utilities PUBLIC UTILITIES Building expansion. BUILDING EXPAASION Item 7-G Councilmember Neils requested a detailed review of Alternate 1 which would delete the second story over tree administrative area and add additional fir -;t floor storage area %niUacrtnt to the cold storage area. Brad Lemberg, Consulting Ennineer, reviewed plan; for Alternate 1 and stated by adding the second story it proaide3. future office space. Alternate I would delete access to the roof and the poten- tial for double utilization of this space. It wfjuld alto result in an irregular roof creating problems with sn,)w. MOTION was made by Councilmember Neils, seconder. by Council - member Davenport, to adopt R,_SOLUTION NO. 79-35r., A RESOLUTIM AiARDING 810 FOR PUBLIC UTILITIE1 BUILDING EXPANSION, PROJECT 808, TO LOWRY HILI ENTERPRISES Iii THE AMOUNT OF $419,618.00. MOTION TO AMEND was made by Councilmember Davenport, seconded by Counc i t memQe r Hoyt , to correct the b i l amount specified i n the Resolution to $506,913.00 and delete the i%ena in paren- theses from Paragraph No. 1. Mot:..: to amend carried, four aye*. Notion to adopt Resolution No. 79-355, as ame ded, carried on a Roll Call vote, Four ayes. MOTION was made by Counci°member Neils, secortJed by Council- menber Sateth, to direct staff to obtain prices, on a negotiated ba;'is, for incorporating the tirst floor cold :tturage increment called for i;, I cernate 1 into this contract. Notion carried, four ayes. MOTION was made by Councilmember Neils, secondr, by Council - member Hoyt, to adopt RESOLUTION NO. 79-354, A nESOLUTION ORDERING PROJECT NO. 917, BALDWIN CHEVROLET =:ORM Sl;WEP IMPROVENE NTS . Motion carried on a Roll Call vote, fou,• ayes. MOTION was made by Councilmember Neils. seconded by Counc i 1- mentber Hoyt, to direct staff to delete the street crossing and catch basin on the north s;de of the plat at this time. Motion carried, fo4r ayes.. 191- RESOLUTION NO. 79-355 A ARDII GU TOY PUBLIC UTILITIES BUILDING E9ANSION Item 7-G RESOLUTION NO. 79-J56 ORDERING PROJECT 917 BALDWIN CHEVROLET SITE STORM SEWER IMPROVEMENT Item 7-H-1 Special Council Meeting July 9, 1979 Page 112 Councilmew%r Neil; questioned whether the utility and street improvements proposed for Criterion MPUO, Project No. 925, were able to be constructed as winter work or whether thity muAt be completes; by the fall. Engineer Moore replied the work could be do&i este in the fall but must be completed before the winter. Councilmember Spaeth stated he felt this project would overload the City staff and =onsulting staff. Councilmember Neils proposed that the poiblic hearing could be ordered and the award of bids deferred until the winter or early spring so that the construction would not interfere with con- struction projects now underway. RECEIVING REPORT CALLING HEARING CRITERION MPUD VRE T UTILITY IM)RCVEMENTS PROJECT N0. )25 Item 7-H-2 Steve Ryan, representing Zachman Homes, Inc., stated he understood, at the time they petition to make a connection to the sanitary sewer on Fernbrook Lane was denied, that Council directed that this project should be completed with all expediency. He asked that the publi;: hearing be ordered and the project orderer t.i th all haste. Jon R. Nelson, Criterion Pames., Inc., stated connection to sanitary sewer is critical to the Criterion plat and the Zachman Hcie's plat sines they have mortgage :cmuni ttmant and plan to start work as soon as the utilities are ordered. The; would like to see the sanitary sewer brought up Annapolis Lane at least far enough to Terve the residential area platted. Councilune+nber Neils expressed Lancekse about 1) 40th Avenue terminating in a dead end in a swarip and 2) how the extension of .Annapolis Lane affects the Land Use Guide P'an. Consulting Engineer Olson replied the two lots at the end of 40th are platted and must be served by this project and indicated that area at the end of 40th must be studied as to whether or not it iF buildable. He further stated the extension of Annapolis Lane is a part of the City's transportation s;istem in a critical area. Also, it would he more appropriate to shift the location of 34th Avenue, as it intersects Fernbrook Lane., so as to avoid the neead to take an existing home. MOTION was mads! by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-3511 A RESOLUTION RECEIVING REPORT AND CALLING FOR KARING ON IMPROVEMENTS FOR PROJECT NO. 925, CRITERION MTUC UTIL TY AND STREET IMPR(;VEMENTS, FOR AUGUST 6, 1979 AT 1:30 P.M. Motion carried on a Roll Call vote, four ayes,. Engineer Olson suggested the Assessment Committee meet a:.d discuss the storm sewer aspects of this repcart before the public hearing. Councilmember Neils requested the Engineer to) reevaluate the termination of 40th Avenue and make •ecommrogdatlons as to what should be done with the dead end. 192- v RESOLUTION NO. 79-357 RECE U I N CALLINL PUBLIC hEAR1NG CRITERION MPUD UMITY 8 STR:tT IMPROVEMEN. PROJECT NO. 925 itsm 7-H-2 Special Council Meeting July 9, 1979 Page 193 MOTION was made by Counc 1 lmember Hoyt, seconded by Count i 1 ffw6er Neils, to adopt RESOLUTION N0. 79-3511, a RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IFIPR()VEMENTS FOR PROJECT 9339 18TH AVENUE WATERMAIN EXTENSION, FOR AUGUST 6, 1979 AT 7:30 P.M. Pbtiin carried on a Roll Call vote. four ayes. Gene Flore k, 9545 - 18th Avenue N., stated he was assured water would be available within two years when he bought his land two years ago. They are temp)rarily using water from a well on City property, but the line is only three feet underground and will freeze in the winter. He would hope that he would not have to put in a well at this point and ha asked 1f his lot could be served by wate rain during this construction season. Engineer Olson indicated it would be possible to serve his property with water before the winter. NOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-359, A RESOLUTION RECEIVING rREI. ! MINARY REPORT AND ORDERING PROJECT FOR STREET LIGHTING FOR MISSION PONDS TOWNHOUSES, WINn RIDGE ADDITION AND WEST RIOCE ESTATES 2ND ADDITION. Motion carried on a Roll Call vote, three ayes. Cauncilmembe r Neils abstained. MOTION was Rade by Counc i 1 r...wber Ne i'.1, seconded by Council - member Hoyt, to aaopt RESOLUTION NO. 79-360, A RESOLUTION APPROVING FINAL PLAT ANC DEVELOPMENT CONTRACT FOR "HERITAGE ESTATES" RPUD 78-6 (A-824) FOR JOHN KAROS. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, secondeti by1- 11%.%inber Mo)yt, to adopt RESOLUTION N0. 79-361, A RESOLUIION SETTING CONDITIONS TO RE MET PRIOR TO FILING OF FINAL, PLAT FOR HERITAGE ESTATES RPUD 78-6 FOR JOHN KAROS (A-824). Pletlon -arraed on a Roll Call vote, four ayes. NOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-362, A RESOLU'ION APPROVING CHP'4GE ORDER NO. 1 FOR PROJECTS 804-011 AND 829, CEDAR RIDGE ADDITION STORM SEWER AND JACKING SANITARY SEWER AND wATER UNDCR COUNTY ROAD 15 TO COMPLETE PROJECT 7140 ADDING $?61474 TO THE EXISTING CONTRACT. Nation carried an a Roll Call vott, four ayes. 193- RESOLUTION NO. 9-358 RRUMINie REPORT AND CALLING PUBLIC HEARING PROJECT 933 - 1810 AVE. WATERNAIN EXTTNSIGN Item 7-H-3 RESOLUTION NO. :9-359 RECEIVING PRELIPUP ORT ORDERING PPOJECT STREET LIGHTING FOR MISSION PONDS TOWNHSE`, WIND RIDGE APOITION, WEST RIDGE ESTATES 2'10 ADDITION Item 7-M-4* RESOLUTION NO. 79-360 APP WING FINAL LAT - DEVELOPMENT CONTRACT HERITAGE ESTATES RPUC 7S-6 (A-824) I tent 7- I * RESOLUTION NO. 79-361 SETTIk%"'41 CONDITIONS FOR FINAL PLAT mERITAGE ESTATES RPUD 78-6 (A-824) Item 7-'* RESOLUTION NO. 79-362 ING CHARGE OUR PROJECTS 804-00:/829 Item 7-J* Special Council Meeting July 9, 1979 age 194 MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-363, A RESOLUTION APPROVING LANDSCAPE BEOND RELEASE FOR BUHLER-MIAG SITE AT 1100 XENIUM LANE IN THE AMOUNT OF $79000 (A-646). Mot:on carried on a Roll Call vote, tour ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-3649 A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 4 IN THE AMOUNT OF $439135.20 TO C.S. McCROSSAN, INC. FOR PROJECT NO. 2049 FERNBROOK LANE UTILITIES AND STREETS. Notion ca -rind on a Roll Call vote, four ayes. MOTION was made by Couiicilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-365, A RESOLUTION AUTHORIZING PAY., it Oil REQUEST FOR PAYMENT NO. 2 IN THE AMOUNT OF $116,147.88 TO :-4DRIVES, INC. FOR 1979 STREET SURFACING. Motion carried osi r. Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-66, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 5 IN THE AMOUNT OF $4,973.42 TO NOOLAND ASSOCIATES, INC. FOR PROJECTS 811 AND 813, LOST LAKE AND OAKVIEW LANk WATERMAINS. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt, seconded by Council - member Neils, to adopt RESOLUTILN NO. 79-367, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 8 AND FINAL 1N THE AMOUNT OF $14,451.08 TO NODLAND ASSOCIATES, INC. FOR PROJECTS 704 AND 705, QUEENSLAND LANE/GREENDALF AREA IMPROVEMENTS, Notion carried on a Roll Call vote, four aye`. MOTION was made by Councilmember Hoy:, :econied by Council - member Ne;ls, to adopt RESOLUT ON NO. 79-368, A RESOLUTION AUTHOR I Z I PIG PAYMENT ON RE JUEST FOR PAYMENT Ni i . 4 AND FINAL IN THE AMOUNT OF $12,136.41 TO NOOLAND ASSOCL,ATES, INC. FOR PROJECT 810, ZACHARY LAVE WATERMAIN. Motion carried on a Roll Call vott, four ayes. NOTION was made by Councilmember Neils, seconded ',y Council - member hoyt, to sdopt RESOLUTION NO. 79-369, A FfSOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OF $8,460.00 TO C.S. McCROSSAN, INC. FO:, PROJECT KIS. pill AND 911, DOWNTOWN PLYMOUTH - CONTRACT 1. Mocion carried on a Roll Call vote, four ayes. 194- RESOLUTION NO. 79-363 APPROVING LANDSCAP BOND RELEASE FOR BUHLE R-M!AG SITE A -646j Item 7-K• RESOLUTION NO. 79-364 REQUEST FOR PAYMENT FERNBROOK LANE STREET 6 UTILITIES -PROJECT 804 Item 7-L-1' RESOLUTION NO. 79-365 REQUEST FOR -PAYMENT 1979 STREET SURFACINC Item 7-1-2i RESOLUTION NO. 79-366_ REQUEST FOR PAYMENT LOST LAKE/OAKEVIEW LANE WATER14AIN PROJECTS 811/813 Item 7-L-3• RESOLUTION NO. 79-367 R OUR-7ORFAYMENT QUEENSLAND LANE/ REENDALE AREA PROJECTS 704/705 Item 7-L-4 RESOLUT1014 NO. 79-368 REQ ESYf9rAYM ZACHARY LANE WATERMAIN PROJECT 81C Item 7 -L -S RESOL'1T10N NO. 79-369 REQUEST FOR PAYMENT PROJECTS 807/911 DvWNTOWN I`LYMOUTH COOTPACT l I tem 7 L-6" I 'I r Special Council Meeting July 9, 1979 Page 195 MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RE¢OLUTION NO. 7S-310, A RESOLLITtON AUTHORIZING PAYMEN1 ON hQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OF $139410.00 TO PROGRESSIVE CONTRACTORS FOR PROJECT' K1 AND 911, DOWNTOWN PLYMOUTH - CONTRACT t;. MoLion carried on a Roll Call vote, four ayes. MOTION was made b- Councilmember Neils, seconded by Covoic i 1 - member Hoyt, to adopt RESOLUTION NC. 79-371., A RESOLUTION AUTHnRIZING PAYMENT ON REQUEST FOR PAYMENT NO. 5 IN THE AMOUNT OF $'49064,51 TO C.W. HOULE LANDSCAPING FOR PRW-FCTS 804-001 AND x-19. FE RNBROOK LANE; R I OGE CREST ADG . i' ION UTILITIES. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hnyt, to adopt RESOLUTION NO. 79-372, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OFF $ 14,028.48 TO A g K CONSTRUCTION, INC. FOR PROJECT 812, WELL NO. 5 PUMPHOUSE. Motion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Davenport, sec Aded ty Council. member ounci1- member Hoyt, to adopt RESOLUTION NO. 79-373, A RESOLUTION ORMRING A PUB! IC HEARING ON THE PROPOSED VACATION Of PILGRIM LANE ADJACENT TO BLOCK 5* MIEUICINE LAKE PARK 3RD CiVISION FOR AVuUST G, 1979 AT 7: 0 P.M. Motion carried on a Poll Call vote, four ayes. ML)TION was made by Councilmember Davenport, seconded cy Council. member ounci1- member Hoyt, to adopt RESOLUTION NO. 79-374, A RESOLUTION ORDERING A PUBLIC HEARING OP: THE PROPOSED VACATION OF LANCASI'-R LANIF NORTHERLY FROM 19TH AVENUE FOR AUGUST 6, 1979 AT 7:30 P.M. Mrtion carried on a Rcll Cali vote, four ayes. 40TION was mare by Ceun=ilmember Davenport, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-375, A RESOLUTION 7RDERING A PUBLIC; HEARING ON THE PROPOSED VACATION OF PERIPHERAL kOAC N3RTH OF COUNTY ROAD "IS FOR AUGUST 6, 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTION was made by Counci lmemrer member Hoyt, to adopt RESOLUTION 1111EIING A D116LIC HEARING ON THE AVENUE IN GORDON'S OAKWOOD HILLS AT 7:30 P.M. Davenport, seconded by Council - NO, 79-376, A RESOLUTION PROPOSED VACATION OF 43RD ADDITION FOR AUGUST 61 19019 Motiu.: carried on a Roll Call vote, tour ayee. 195- RESOLUTION NO. 79-370 RJUM- Y61 PAY-14NS PRWECTS 853/911 DOWNT010) PLYMOUTH CONTRACT It Item 7-L-1* RESOLUTION NO. 79-371 ArQUff MR FAM PROJECTS 804-001/829 FEkN9RDOK LANE/REDGECR51- ADDITION UTILITIES Item 7-L•A* RESOLUTION NO. 79-372 E 1 FO AMN PROJECT 812 WELL NO. S PUMPHOUSE Item 7 L-3* RESOLUTION NO. 79-373 ORDERING PUBLIC H RI G VACATION PILGRIM LANE tem 7-M-1 RESP '.UTION NO. 79-374 MOMG Ut R=Nf VACATION LANCASTEk LANE Item 7-K-2 RESOLUTION NO. 79-375 Oft G ANG VACATION PERIPHLRAL ROAI Item 7-M-3 RESOLUTION NO. 79-376 ORDERING PUBLIC HEARING VACATION 43RD AVENUE IN GORWN'S OAKWOOD HILLS Item 7%9-4 Special Council Meeting July 9, 1979 Page 1% NOTION was made b1 Councilmember Davenport, seconded by Council - member Hoyt, to adopt RES00TION NO. 79.3119 A RESOLUTION ORDERING PUBLIC :NEARING ON THE PROPOSED VACATION OF DUNKIRK LANE SOUTH OF 14TH AVENUE FOR AUGUST 6, 1979 AT 7:30 P.M. Potion carried on a Roll Call viute, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, ,:o adopt RESOLUTION NO. 73-378. A RESOLUTION APPROVING RENEW 1 OF OFF -SALE NON -INTOXICATING FALT LIQUOR LICENSES FOR A PERIOD TO EXPIRE SUN: 30, 1980 TO THE FOILOWING: JAN:SEN'S FOOD VILLAGE, ERICKSON'S SUPER VALU, 4235 LANCASTER LANE AND 16019 STATE HIGHWAY 101, LIBBY'.-'# SUPERETTE, INC., HEINZEN-DITTER V.F.W. POST 05903, EL11 CREEK GOLF COURSE, IVY'S PLACE AND APPLE BLOSSOM INN. Motion carried on a Roll Call vote, four ayes. MOTION war; made by Cou.icilmember Neil . seconded by Counri1- meember Hoyt, to adopt RESOLUTION NO. 79-379, A RESOLUT I01 APPROV I NC. RENEWAL OF ON -SALE NON- I NTCr ICA 1'14 MALT L IQUO i LICENSES FOR A PERiOU TO EXPIRE JUNE 301 1980 FOR THE FO.LOWING: HOLLYDALI: GOLF, INC., HEINZEN-DITTER Y.F.W. POST 05903, M CREEK GOLF COURSE, IVY'S PLD::E ANU APPLE BLOSSUM INN. Lotion carried on a Roll Cali vote, four ryes. NOTION was made by Councilmember Neils, seconded by Council member Hoyt, to adopt RESOLUTION NO. 79-380, A RESCLUTION APPROI.ING RENEWAL OF SET -'JP LICENSES FOR A PERIOD TO EXPIRE JUNE :1100 1980 F R THE FOLLOWING: HEINZEN-DITTER V.F.W. POST 0590711 IVY'S PLACE AND APPLE BLOSSOM INN. Notion carried on a Roll Call vote, fo-.jr ayes. MOTION was n....... by Count. i l ,comber Neils, seconded by Council- member ouncil- member !+uyt, to adopt RESOLUTION NO. 79-3811, A RESOLUTION APPROVImS HOUSE MOVERS LICENSE FOR PERIOD ENDINu UECEMBER 1, 1979 FOR DALE PETERSON, DBA DALE MOVERS, INC. Potion carried on a Roil Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-3826 A RESC,.JTION APPROVING D:SBURSEMFNTS FOR THE GENERAL FUND, CONSTRUCTION FUND, UTILITIES FUND, HOUSING REnr— LOPMENT AUTHOR1 Y AND SPECIAL ASSESSMENT FUND IN THE K JNT OF $599,925.31 FOR PERIOD ENDING MAY 31, 197S. Notion carried on a Roll Call vote, four ayes. 196- RESOLUTION NO. 79-377 0WffU-WTUBL I C HEARING ON VALATION OF DUNKIRK LANE Item 7-L-5 RESOLUTION NO. 79-378 APPROVING - NIONtill OX. LIJUOR LICENSE Item 7-h-1* RESOLUTION NO. 79-379 APPROVING ON -SALE NONINTOX. LIQUOR LICENSE Item 7-N-1* RESOLU"ION NO. 79-380 AP GSE -U LICENSES Item 1-N-1* RESOLUTION 140. 79-:181 AN kov 1 S' 'RS L ICEMSE-WE PETERSOP: DBA, DALE MOVERS, IoL. Item 7-N-2* RESOLUTION NO. 19-382 APPROVING DIMMER S PERIOD ENDING 5,31179 Item 7-0* S Special Coun%-Al Meeting July 9, 1979 Page 197 REPORTS OF OFFICERS, WARDS ASO COMMISSIONS The Council agreed to review the annual Financial Report for 1978 with the City's audI tors, Moen and °esti la, Ltd., at the July 23 special Council meeting. 1978 FINANCIAL REPORT Item 8-A Council discussed the report on Cable TV franchising and the CABLE TV FRANCHISE present nerd for Cable TV in the community. The following UPDATE persons dere suggesteJ to represent the City of Plymouth iii Item 8-B a Needs Assessment Meeting to be held on July 26, 1979: J!m 7hreinan, Henry Sahly, Marcie Shapiro, Donna Gustafson, Kay Tart,, Judge Lindsay Arthur, Jim Umstead, Dr. Allan Challman, J.D. Ball, Rick Holter, J.P. Eckert, John Berg, and Raleigh Huizinga. MOTION was made by Counci lmember ;Veils, seconded by Cou.ici 1 - Member rloyt, to adopt RESOLUTION N0. 79-383, A RESOLUTION CAL'ING A PUBLIC HEARING ON A PROPOSED PROJECT UNDER THE FII N::ESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT FOR PARKER HANNIFIN CORPORATION ON P.UGUST 6, W9 AT 7:30 P.M. Wtiun carried on a Roll Call vote, foa: ayes. MOTION was made by Counc i lmember Neils, seconded by Counci 1- n ember Hoyt, to direct staff to propose amendments to the City's Policy Concerning Review of Municipal Industrial Development Revenue Bond Requests to recognize the statutory requirements that exist today for public hearings for IRB projects and sprlls out clearly that land use decisions are a separate decision. Motion carried, four ayes. Mf1TION was made by Counci lmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-384, A RESOLUTION APPROVING APPOINTMENT OF SHERMAN GOLOBERG TO THE BASSETT CREEK FLOOD CONTROL C0141ISSION FOR A TERM EXPIRING JANUARY 310 1981. MDvion carried on a Roll Call vote, four ayes. MOT100N was made by Counci lmember member Hoyt, to adopt RESOLUTION ORDERING STORM SEWER IMPROVEMENT COMPANY (79015). Neils, seconded by Council - NO. 79-385, A RESOLUTION ADJACENT TO PINK SUPPLY MrTion carried on a Roll Call vote, four ayes. Councilmembler Neils asked that a timetable be prepared for the Parker's Lake Storm Sewor Project. MOTION was made by Counciimembar Davenport, seconded by Council - Member Neils, to recersider the action taken at the June 18 Council ,meetirg authorizing staff to explore the installation of playground apparatus at the Wayzata School District Admin- istration Building ;iia because he felt the site was i+,appro- 197- RESOLUTION NO. 79-383 CALLING PUBLIC HEARING PROPOSED IRB PROJECT PARKER HANNIFIN CORP. Item 8-C RESOLUTION NO. i9-384 APPROVING INNTN TO BASSETT CREEK FLOOD CONTROL COMMISSIO: Item 8-0 RESOLUTION 40. 79-385 ORDER NG ST019 R IMPROVEs'IM ADJACENT TO P I11K SUPPLY COMPANY 79015) Item A-E INSTALLATION OF PLAY GROUND APPARATUS AT WAfZATA SCHOOL DISTRICT ADMIN. BUILDING SITE Special Council Meeting July 9, 1975 Page 198 priately locAted to serve the majority of the population in the area. Motion carried, lour ayes. MOTION was made by CouncilmemDer Davenport, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-386, A RESOLUTION RESCINDING RESOLUTION NO. 79-3251 AUTHORIZING STAFF TO EXPLORE INSTALLATION OF PLAYGROUND APPARAT,IS AT THE WAYZATA SCHOOL DIS- TRICT ADMINISTRATION SITE, AND DIRECTING STAFF TO REEVALUATE THE NEEnS FOR NEIGHBORHOOD PARKS IN THE AREA AND TO COME BACK TO COUNCIL WITH A RECOPIMENDATION. Motion carried on a Roll Call vote, tour ayes. The meeting was adjourned at 12:25 a.m. wl Q w l RESOLUTION NO. 79-386 RESCINDING RES. #79-325 tet. C y • vc. c-! ooe City Clerk ~ i