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HomeMy WebLinkAboutCity Council Minutes 08-06-1979fit,I NUT E S REGULAR COUNCIL MEETING August 6, 1979 A regular meeting of the Plymouth City Council was called to order by Mayor Ant ; t 7:30 p.me in the Council Chambers of the City Center at 3400 Plymouth Boulevard (in August 6, 1919. PRESENT: Mayor Hunt, Councilmembers Davenport, Hoyt and Neils, Dfanager Willis, Administrative Assistant Boyles, Engineer fire, Planner Tremere and Attorney tefler. ABSENT: Councilmember Spaeth. CGNSENT AGENDA MOTION was made by Councilmember Hoyt, seconded by Council- CONSENT AGENDA member Neils, to adopt the items on the Consent Agenda with Item 4 the as submitted. Motion carried on a Roll Call vote, four ayes. I NUT! S NOTION was made by Cnuntiirrember Hoyt, s"onded by Council- MINUTES - SPECIAL member Neils, to approve the minutes of the July 23, 1479 COUNCIL MEETINS special Council meeting as submittWo JULY 23, 1979 Item 3i Ration carried on a Roll Ci11 vote, four ayes. NOTION was made by Counci'lmember Hoyt, seconded by Council. MINUTES - SPECIAL member Neils, to approve the minutes of the July 30, 1979 COUJNCI' MEETING Special. Council meeting as submitted. JULY 30, 1979 Item P Motion carried on a Roll Call vote, four ayes. AWARD Of BIDS - GENERAL OBLIGATION BOND SALE Mayor Runt announced that the meeting was convened for the consideration of the bids which had igen received for the purchase of $7,000,000 General Obligati4.R Bonds of 1979, gas advort,ised for sale. The City Clerk presented affidavits showing publication of notice of sale in the official news- paper and it Commercial hest, a financial paper published in Minneapolis, Minnesota, which Affidavits 'were examineol and found satisfactory and ordered placed on file. The Cit, Clerk presented the tabulation of bids which had been recetyck prior to the time specified in the notice of sale, which had been opened and tabulated with the assfstanc.e of Ehlers and Associates, Inc., financial advisers to the City. Tho bids were as fol Ums: 230- r August 6. 1979 Page Z31 Bid #1 - net Interest Cost sit 12!1.769.00 Plat. Interest Rate 5.6316.5 dtorgan Gauranty Trust Company, New York, N.M. Salomon Brothers, Now York, N.Y. Rid 02 • Net Interest Cost Net Interest Rate 200619975.00 S.4549w Banc Northmst, "Inneapolis. MN and The First Nattonal Bank of Saint 6u1, St. Paul. MN Bid 03- Net interest Cost S24859586.25 Net Interest Rate S.S174% Piper, Jaffray A Hopwood, Inc., Minneapolis, MN and John Nuveen A Company. Phicago., It Did 04 • Net Interest Cost $e6088,868681 Net Interest Rate S.5251% First National Bank of Cr.icaga, Chicago, It, and Continental Illinois National Bank A Trust Co.. Chicago, IL MOTION was made by Counc;lmember Hoyt, seconded by Council - member Neils, to adopt RESOLUTt04 NO. 79.432. A PESO TION AWARQtNG THE SALE OF %1.000,000 GENERAL OBLIGATION BONDS OF 1979 TO BANC NORTHWE'Sr OF MINNEAPOLIS, MINNESOTA. Motion carried on a Roll Call vote, four ayes. PUULIC HEARINGS Manaser Otillis introduced the public hearing to review the request of Versatile Parts, Inc. for industrial development revenue bond floancing in the amount of $750,000 for the construction of a warehouse and offices for the rirm's, Midwest farm machinery parts dtstrihution operation. The Manager announced in accordance with State law public notice of this hearing was published in both the Piymouth Pest and the Minnegolis Tribune, Mayer Mont opened the public hearing at 7:45 p..!1. Bob Sander, Juran d Wady. introduced Harry J. Hanley. Vice President of marketing, Versatile Parts. Inc., and Richard Nartens of Winfield Associates, the developer. Mr. HanitV stated they were proposing to locate their regiona? kiistribution center in Plymouth because of its excellent central location in the Midwestern states aH because of the quality of people living in the area. Their plans for the future include concentrating on the corn and soybean wirkets in south and southwest Minnesota. 431- RESOLUTION NO. 79.432 GENERAL OBLIGATION- BONDS BLIGATIONBONDS Item 6 PUBLIC HEARING VERSATILE PARTSr, INC. INDUSTRIAL DEVELOPMENT REVENUE GOND REQUEST Item 1•A W K _ _ A or w,ount August 6. 1919 Page 2.32 ettng Mr. 11anlea further Mated their S -year Opal is, to obtain another 100 m°;icon dollars of sales. The ratio of sales and service r*rsonnel will increase to a greater degree than the ounufacturing area. The pre"sed facility will Also provide a training school for 300 distrFcts in the Midwest. Because of the type of specialized equipnen't tOey manufacture, their personnel are technical specialists and the type of people ulhat will contibute to the community. Councimcmber Mails ;ng4trod how much room for expansion the site p rqv i ded. Nr, bta rt j n replied the site is large enough to expand the buildt,19 to twice its original size, The hearing was closed at 8:05 p.m. MOTION was made by Councilmember Neils, seconded by Council• RESOLUTION NO. 79-433 member Hoyte to ado>>t RESOLUTION NO, 74.433. A RESOLUTIOM GIVING PRELIMINARY APPROVAL TO A PRWECT UNDER THE MUNICIPAL APPROVAL TO INDUSTRIAL INDUSTRIAL DEVELOW.Ut ACT; REFERRING THE PROPOSAL TO THE DEVPT. REVENUE DONDS COMMISSIONER OF SECURITIES FOR APPR VAL; AND WTHORIZING VERSATILE PART$. INC. EXECUTIOR OF A, MEMORANDUM OF AiGREWENT AND PREPARATION Item 74 OF NECESSARY DOCt"ENTS FOR VERSATILE PARTS. INC. Motion carried on a Roll Call vote, four ayes. Manager Vitilts introduced thr public hearing to review the PUBLIC NEARING request of Parker Hannifin Corporation for Industrial PARKER HANNIFINCOR development revenue bond financing in the amount of INDUSTRIAL DEVELO 20CM04000 for their proposed Plows Division Project REVENUE BOND REQUES involving a $5,000 square foot facility 5f which 8.000 Item 7.4 is designated for general office purposes with the balance of 24,047 square feet -for light assembly, packaging, were.. Rousing and Shipping g000s, The Manager announced in accordance with Sura a law public notice of this hearing was publi$W in Roth the New Hope -Plymouth Post and the Ninneapolis Tribune. w • •mow•• ww e• Mayor hunt opened the public hey ring at 8:07 p.m. No ome chose to speak and the hearing was closed At 8:07 p.m. M011011 was made by Councilmember Netts, seconded b Council. member Davenport, to defer action at: Mh i s item until Council receives further information from Parker Hannifin Corporation. Notion carried, four ayes. Mayor Hunt stated the Cnuncll would be interested in learning what Parker Hannif4n's timetable for future expansion w4s and how they proposed to finance it, 432- Regular Council Meeting August 6, 1979 page 233 PUBLIC HFARIMS • aTRIf£T rrA aT ONs Manager Wy111s reviewed the requirements and procedures for the public hearings and ar notinced that notices of the hearings were oublished in the P1imouth Rost and written notice was mailed to each property a r' in the area. 1. Pilgrim lane to Block 5 Medicine lake Park 3rd Div. PUBLIC 'NEARING STREET VACATION Rayor Hunt opened the public hearing at 8:10 p.m. PILGRIM LANE No one chose to speak and the hearing, was closed at 0:10 p.m. Iters 7,C•l MDT I ON was mada by Counc i lmember Neils. seconded by Council.. RESOLUT IQIt NO. 19-+134 member Hoyt, to adopt RESOLUTION NO* 794340 A RESOLUTION AVMORTZING VXW%IF WHORIFING THE VACATION OF PILGRIM LANE ADJACENT TO BLOCK S, OF PILGRIM LANE AD -%,'e MEDICINE LAKE PARK 3RD D IVI S ION. TO BLOCK S. MED IC ME LAKE PARD 3RD MISION tion carried on a Roll Call rote, four ayes. Item 7-D•1 2. Dunkirk Lane South of 12th Avenue PUBLIC HEARING STREET VACATION Mayor Hunt opened the public heariA!7 at 8:14 p.m, DUNKIRK LANE Iten 7-C-2 Manager Willis questioned the nRe4 to obtain easements along the lake for trail purposes for walking or ;ross country skiing. Anna Hale, 16105 - 12th Avenue N.. stated she Felt it. wou -Koil be practical to have a walkway along the laky since the land is marshy. tim Lindsay, 2505 belly avenue, Excelsior, owner of d s , 3 and 4 in Gleason Horth, stated the Brea in question is too steep for cross country skiing. The hearing was closed at 8:16 p.m. MOTION was made by eouncilmeoiber Neils, second! vy C3unct . RESOLUTION NO. 79•A135 member Hoyt, to adopt RESOLUTION NO. 79-435. A RES01 t rION A:TH0RT7TNC; CMCWWE AUTHORIZING VACATION OF DUNKIRK LANE SOUTH OF 12Th A,6011E. OF DUNKIRK LANE SOUTH OF 12TH AVENUE Motion carried on a Roll Call vote, four ayes. Item ;4-2 3. 19th Avenue in Kreatt Hii hview Acres 6th swe *i: e. a ess wn w c areae wow ewe Addit°-;a PURL IG HEARING lSVREET VACATIO R Magor Hunt opened the public hearing at 8:1' p.m. 111. AVENU` No one chose to speak and the hearing was closed at 0:17 p.m. It vn ?,,t,-3 MOTION was made by Councilmember Mils, seconded by Council• RESCLUMN NO. 79436 member Hoyt, to adopt RESOLUTION NO. 79436, A RESOLUTION WMfflT2TffWTTW AUTHORIZING THE VACATION OF 19TH AVENUE IN KREATZ HIGHVIEW nF 197`11 AVENUE IN ACRES 67H ADDITION. KREATZ hIGHVIEW ACRES 6TH ADDITION Motion carried on a Roll call vote, four ayes. Item 7-mrP3 233- Regular Council Meeting Ausust 6, 1979 Par 4 23-4 MOTION was made by Councilmember Neils. seconded by Council-* member Davenport, to adopt RESOLUTION NO. 79431. A RESOLVrIOR DECLARING PROPERTY TO BE SURPLUS AND AVINCRIZING TNT MAVOR ANO, CITY MANAGER TO EXEME A DEED CONVEYING SURPLUS PROPERTY. TO AMA KARELS AS PART OF THE CONSIDERATION FOR THE EkSEMENT ACOMMON FOR PROJECT 704. Motion carried on a Roll gall vote, four ayes. 4. 43rd Avenue in Gordon's Hl:il 04yor aunt opened the public gearing at 8:23 pope Pte one chose to speai and the hearing was closed at 8:23 P.m. MOTION was made by Coancilmember Neils. seconded by Vouncil- m%emmber Hoyt. to adopt RESOLUTION NO. 79-438. A RESOLUTION AUTHORIZING VACATION OF 43RD AVEa't1E IN GOR%sPN `S OAKWOO E HILLS ADDITION. Notion carried on a Rall 0411 vote. Pour ayes. MOTION gra 3 made by C.ounc i 1 member Neils. seconded by Counci 1 - member Hoyt, to adopt RESOLUTION N0. 79.439. A RESOLUTION OtRECTING T11E CIT; CLERIC WITH RESBECT TO THE FILING OF RESOLUTION We 79V438. Motion carried on a Roll Call vote: four ales. S. Peripheral Rodd Northerly from Count Goad 15 w •fid Mayor Hunt opened the public hearing at t:25 p.m. No one chose t4 speak and the hearing was closed at 8:25 p.m, MOrloh was made by Councilmember Hoyt, seconded by Council. member Neils, to adopt RESOLUTIUM NO. 79.440, A RESOLUTION AUTHORIZINSS THE VACATION OF PERIPHERAL ROAD NOATHERLY FRO?! COUNTY ROAD 150 Motion carried on a Roil Cali vote, fu,;% ayes. MOTION was made by .:ouncilmember Neils. seconded by Council - member Hoyt. in adopt RESOLUTION NO. 79-441, A, RESOLUTION DIRECTING THF. CITY CLERIC WITH RESPECT TO THE FILINC OF RESOLUTION NO. 79.441. Motion carried on a Roll Call vo• tour ayes. 6. Lancaster Le herl III Mayor Ifunt opened the public hearing at 8:30 p.m. 234• 61Lf7T lI1N N0TARM 4 BE SURPLUS- AMID AUTHOR I Z OiG RA.YOR TO EXECUTE OE Ear ten 74-3. PUBLIC HEARING DEET VACATION 4,: -AE- AVENUE Item 7-C.1 RESOLUTION Na. 79-43/8 COW OF 43RD AVENUE IN GORDOt" S OAKWOO RILLS A00Ii'.om Iter 7-L.-4 RESOLUTION N0. 79.439 WITH RESPECT TO FI! OF RES. M0. 79438 Item, 744 PUBLIC NEARING STREET VACATION PERIPHERAL RGAD Item 744 RESOLUTION N0. 79-440 AUTHOR17TRC VACATION OF PERIPHERAL ROAD NORTHERLY FROM C.R. 1s Item 7-C-5 RESOL,UTICN N09 79.441 WITH RESPECT TO FILING RES. N0. 79440 Item 1 -C -S PUBLIC HEARING STREET VACATION LANCASTER LANE Item 7•C-6 Regular Council beeting August 69 )97f. Page 235 Councilmember Neils questioned why the street was being vacated since there are utilityipes in the road which must be maintained. Manager Wil 1 is replied the property owners to the east and west could start construction activity without disturbing the sewer easement. Donald Morrissette. 1900 E. Medicine Lake Boulevard, stated e was aamt lots 22 and 23 ana. that lots 16 and 17 adjacent to the vacated portion of the road are too small and too steep to be buildable. He further stated there are no structures an either lac at the present time. Sue Mauderer, representing Virginia Ptsimen, 1950 Lancaster Lane Res stated Mrs. Mosiman owns lot 21 and the additional 33 feet that would revert to the lot from the vacation might make it possible to build on the lot. She stated tho lots in quss!ion are too seep and sloping to be accessed from Lancaster lane but they could be accessed from the County Road 1A service road. The hearing was closed at 8:35 p.m. MOTION was made by Councilmember Davenport, seconded by Council - member Hoyt, to adopt RESOLUTION NQ. 74.4429 A RE S60T ION AUTHORIZING THE VACATION OF LANCASTER LAME NORTHERLY FROM 197H AVENUt. MOTION TO AMEND was made by Mayor Hunt, seconded by Council - member Neils, ty ., 'ding the following to Condition 2 atter the words "main; and hydrants*: "and natural drainage areas." oration to amen carried, four ayes. Motion to adopt Resolution No. 79.442. as amended, carried on a Roll Call vote, four ayes. MOTION was made by Councilmember DavenportZ, seconded by Cauncil- member Neils, to adopt RESOLUTION NO. 79-443, A RESOLUTION DIRECTING THE CITY CLERK. NOT TO Ftt E RESOLUTION oto, 79442 UNTIL SUCH TIME AS THE FOLLOWING (4NDITION OCCURS: LOTS 16 AND 17 OF MEDICINE LAKE 3RD AODITION ARE TO Or, CONSOLIDATED INTO A SINGLE PORCEL. Motion carried on a Roll Call vote. four eyes. PUBLIC'' HEARINGS - PUBLIC IMPROVEMENTS Manager Willis reviewed the requirements and procedures for the public hearings and announced that notices of the hearings were published in the Pl outh Post, uritty notice was mailed to each property owner in a - mprovement area, and discussions were held at Counell meetings on the subject projects. 43','" RESOLUTION N0. 19 442 OF LANCASTER LANE NORTHERLY FROM 19TH AVENUE Item: 7%C•6 RESOLVION NO. 79443 DIRMYRITTITTMW WITH RESPECT TO FILING RES. We 7%M42 Item 744 Regular Council Meeting August 6. 1979 Page 236 1. Pre ,ect Rue 925 - Criterion, MPUD - Utilities and Std Manager Willis presented a letter to Cuunc i l from, Jon R. Nelson, nice President of Criterion homes. Inc.. amending their earlier petition submiated in January. 1979. by requesting installation of sanitary server only for the southerly 51 residential lots. The Manager stated the public hearing was based upon the original request from Criterion to install all improvements for the Criterion MPUD. In this case, there are properties outside th-k area that mould benefit from Me proposed sterns sewer impravmtent and all property owners have been noticed. Ire displayed a map of the Criterion MPUD site and the stores drainge ares involved$ Engineer Moore reviewed the proposed stoma sewer and sanitary sewer improvements in detail and the costs involved. Ile stated it was the intent to include the entire drainage district in the assessment for this southerly oort,;.n of the storm drainge system, and to assess the ve-ki e drainage district again when the northerly portion is acnes PUBLIC BEARING CRITERION MPUQ UTltITIE; 6 STREETS Item 74-1 Councilmember Neils felt if the property to the north of County Road 9 is assessed for this project they might bear a disproportionate share when the property to the north '.s improved. There followed a discussion of the storm drainage district for this project and alternate methods of assessment. CouncilmemWir Neils inciuirvd if the anticipated future improve- ment of Fernbmok Lane north of County Road 9 would alter the drainage district in any manner, engineer Moore replied the grades will not change substantially and the dr linage district will remain as it is represented here. Mayor Hunt opened the public hearing at 8;.6 p.m. Jon Nelson. Criterion ftmes, stated current market conditioois TnMuened their request to redune their petition for improve- ments to serge 53 single famil,y homes and to defer installing improvements for the commercial portion of' the de:elopnent until sometime in the future. Mayor Hunt stated construction of this project could be started late this year or early next year. Councilmember Neils stated the Council would be reluctant to have single f,pily lots developed and sold prior to the construction of Annapolis lane. This street would not be constructed until 1990 and as3essmeats levied in 1981. He felt Criterion may Kish to have the street completed if any cow mercial land is sold* there was discussion of the extent to which the improvements must by installed in order to serve the 7achmann plat and to provide an outlet to C9unty Road 9. 256- Regular Council Reet f ng August 6, 1979 Page ?37 Francis Q. Oa en, representing 2acteann Moans, questioned the est paragraph, of the information sheet. Fro stated if action Is taken, they would like it clarified that autlot D would not be included for assessment in th4s project. Engineer Moore stated Zachnann Ftomes has asked that none of the costs for Annapolis sane be spread an Outlet. D and Criterion Homes has Rereed to this. Councilmember Neils stated it is the policy of City to spread -costs for improvements uniformly against the entire MPWD and to Teave it up, to the developer to spread the costs as he wishes. Esther Olson. 4235 Fernbrook Lane, objected to property north oil Ccunty d 9 being assessed for the storms sewer tworovement. David Schmidt, 4125 Fernbrook Lane, asked whether his property eau a assessed twice for storm sewer. Mayor Hunt replied every time a storm sewer projeet is constructed if you are Fart of the drainage di st vi ct you may he assessed; ho.t(ver, you wi l l only be assessed for the par%ion of your property that dralevs into the storm sewer project. Hr. Schaidt staled this 9r*J*rt was for the benefit of Criterion Homes and hiq Property wouli not benefit from the storm sewer improvements. He stated if Criterion wishes to develop the property, they should nay. the improvement costs. A. C. Olson, 4235 Fernbrook Lane, asked if there was an assess - me ie' future for extending storm sewer to the north of CountImprovortent. Road 9 whether Critkri#)n acmes would be assessed for that Mayor Hunt replied the entire storm drainage district would be included 'in any improvement project, Ron Holden 4115 Fernbrook Lane, atatee. the portion of the ra nays 'strict north of County Read 9 is being dispro-w portionately assessed for the benefit which it will derive from the projecto He also claimed the Ptap. which is being used 4o define boundaries for the district is old and is not ,accurate• Mayor Hunt replied only a preliminary study has been prepared for this hearing, and if the pro4ect is ordered, the engineers will stady the area in detail to determine the precise boundaries of the district. Mari1 n_ Leverent, 14005 Rockford Road, inquired if storm sewer i"scontinued to County Road! 9.& Mayor Not. replied that the proposed project enols 0 the north side of County Rood 9. The hearing :,*as closed of 9:30 p.m e Council discusser Criterion's request to cut back the improve. meat project. Winc i l member Noi) $ felt Annapolis La 9R must be completed at least to the northc-rn bourilvy ¢¢f th s Ingle f4ally development And the pipe extended to County Road . 237- Regular Council Meeting August 6, 1919 Page 238 Jon Nelson, Criterion Homes, Inc., stated he wc,iuld agree to go ahead with improvements for the entire MOOD at this time. MOTION was made by Councilmember Neils, seconded !y Council - member Hoyt, to adopt RESOLUTION NO. 79-444, b RESOk.UTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS FJR CRITERION MPUD, PROJECT NO. 925. Notion carried on a Roll Call vote, four ayes. MOTION was made by Mayor Hunt, seconded by Councilmember Davenport, to direct staff and the Assessment Committee to research this storm drainage district and return with recommendations for Council for dealing with the assess- ment of this storm sewer improvement in an equitable fashion. Motion carried, four ayes. Mum was made by Councilmember Neils, seconded by Council - member Hoyt, to direct staff not to proceed with this project entil such time as a development contract is executed, all fees satisfied, and final plat is filed with the Caunty. Mott )n Carried, four ayes. 2. Project No. 933 - 18th Avenue, 11th Avenue and County Road 18 Watermain Extension Manager Willis stated staff was concerned that Section C of the proposed project, County Rjad 18 frontage road from 18th Avenue to 13th Avenue, be included in the pro- ject because it is developed industrial land and serving it with water would provide for additional fire safety. RESOLUTION N0. 79-444 ORDERING E E T FINAL PLANS b SPECS CRITERION MPUO PROJECT 40. 925 Item 4-1 PUBLIC HEARING 18TH AVE., 17TH AVE, C.R. 18 WATERMAIN Item 7-0-2 Ge,le Florek, 9545 - 18th Avenue North, asked to be Tnc u e n this project. He asked if he would have to pav for one lot or two. Mayor Hunt replied since his lots ha%a been consolidated he would only have to pay one assessment, but there would be an adjustment for the amount of front footage on a larger than normal lot and an area assessment for dater. Alan Singer, 4600 - 17th Avenue North, questioned the cost o e project. Manager Willis replied project costs were estimated to be $1,720 per lot on a 10 -year assessment basis. Daniel Flaher' , 9535 - 18th Avenue North, stated he felt the pipe could be brought up from the Nke to serve his lot and Mr. Florek's property in a more economical manner than bringing it in from County Road 18. Mayor Hunt replied the proposed looping oft the watermain is to rein*orce the water system, and Mr. Flaherty would not have to pay any costs, other than lateral costs for one side of 60 s property. The hearing was clo7ed at 9:55 psims 238- Ausut b. 1979 Page 239 MOTION was made by Councilmember Davenport, seconded by Council - member Hoyt, to adopt RESOLUTION N0. 79-11451, A RESOLUTION ORDERING IMPROVEMENT AND PREPR ATION OF PLANS AND SPECIFICATIONS FOR 18TH AVENUE, 17TH AVENUE AID COUNTY ROAD IS h}ATERMAIN EXTENSION. PROJECT N0. 933. Motion carried on a Roll fa 1 vote, four ayes. MOTIOR was made by Cnuncilmc*+ber Neils, seconded by Council - member Davenport, to direct staff to provide for the 17th and 18th Avenue w4termains from South Shore Drive to County Road 18 frontage road and the 13th P/enue crossing by change order for 1979 coonstruction Motion carried, four ayes. PETITIONS, R UESTS AND COMMUNICATIONS Manager Willis introduced Criterion Hones, Inc. request for Final Plat/Plan approval for MPUD 78-1 (A-814). NOTION was made by Councilmember Neils. st-conded by Council - member Hoyt, to adopt RESOLUTION N0. 79-44, A RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CRITERION MPUD 78-1 FOR CRITERION HOMES, INC. (A-814). Motion carried on a Roll Call vote. four ayes. MOTION was made by Councilme"ber Hoyt, seclonded by Council - member Davenport, to adopt RFSOLUTION N1i. 79-447. A RESOLUTION SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR CRITERION MPUD 7a-1 FOR CRITERION HOMES, INC. (A-814) with the addition of Condition 9 requiring that a pending assessment roll be pre- pared for the entire PUD and assessments allocated to each of the several parcels within the PUD; that the language of those assessments shall be contained within the de,velo prtent contract; and there shall be a waiver of assessment arpeal for the propose.4 assessment:. Motiot, ca, rigid on a Roll Call vote, four ayes. MOTION was made by Mayor Hunt, seconded by Councilmember Neils. to direct staff to prepare a resolution authorizing eminent domain proceedings of certain designated parcels in the Criterion MPUD for Council approval. Motion carried, four ayes. 239- RESOLUTION NC. 79-445 F111AL PLANS A SPECS 18'°H AVE.. 17TH AVE. C.k. 16 WATERMAIN EXT. PROJECT N0. 933 Item 7-D-2 RE LUTION N0. 79446 VMING FINAL PLAT DEVELOPMENT CONTRACT CRITER-iON MPUD 78-1 CRITERION HOMES, INC. A-814) Item 8-A-1 RESOLUTION N0. 79-447 FOR FINAL PLAT CRITERION MPUD 78-1 CRITERION HONES. INC. A-814) Item 8-A-1 F. j August 6. 1979 Page 240 MOTION was made by Councilmember member Neils, to adopt RESOLUTION ADOPTING ASSESSMENT IN THE AMOUNT MPUD 78-1. PROJECT NO. 941. Hoyt, seconded by Covncll- N0. 79-4489 A RESOLUTION OF $149400 FOR CRITERION Motion carried on a Roll Call vote, four ayes. Manager 111111 s introduced Zachman Homes' request for Final Plat and Development Contract approval fr.r Fox Glen. MOTION was made by Councilmember Neils, seconded by Council- membew- Hoyt, to adopt "=SOLUTION N0. 79-4499 A RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR FOX GLEN IN OUITLOT D OF CRITERION MPUD 78-1 FOR ZACHMAN H014ES (A-814). Motion carried on a Roll Call vete. four ayes. MOTION was made by Coutrcllmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION N0. 79450. A RESOLUTIOR! SETTIRG CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR FOX GLEN IN OUTLOT D OF CRITERION MPUD 78-1 FOR ZACHMAN HOMEa' A-814) with the addition of Condition 6 requiring that an assessment roll be prepared fer the plat; that the language of those assessments be contained Wthin the developmetrt contract; and that there shall be a waiver of assessment appeal for the proposed assessments. Motion carriel on a Roll Cali vote, four ayes. MOTION was made by Councilmember Neils, seconded by Courcil- member Hey, to adopt RESOLUTION N0. 79-451. A RESOLUTION ADOPTING AS!ESSMEN-r IN THr AMOUNT OF $19.200 FOR FOX GLEN, PROJECT N04 919. Motion carried on a Roll Call voce. four ayes. MOTION was made by Mayor Hunt, i-+conded by Courcilmember Neils, to direct staff to work with Zachman Homes. Inc. to assist them in making a sewer anJ water connection, considering the possibility of ja%.king under Fernbrook Lane, in order `hat they may begin construction as soon as possible and to insure that development contracts are executed for both Fox Glen and Criterion MPUD before proceeding. Motion carried on a Roll Call vote, four ayes. MOTION was made by Mayor Hunt,, seconded by Councilmember Neils. to direct staff to work with the Assessment Committee to derive the apportionment of assessments for Fox Glen and the Criterion MPUD in accordance with City policv. Motion carried, four ayes. 240- RESOLUTION NO. ?9- ADOPTIN CRITERION MPUD 78-1 PROJECT N0. 941 Ite;n 8-A-1 RESOLUTION N0. 79-449 IPPROVING FINAL PLAT DEVELOPMENT CCNTRACT FOR FOX GLEN (A414) ZACHMAN HOMES, INC. Item 8-A-2 RESOLUTION N0. 79-450 SETTING CONDITIONr' FOR FINAL PLAT FOX GLEN (A414) ZACHMAN HOMES. INC. Item 8-A-2 RESOLUTION NO. 79-451 AEEAT' FOX GLEN -PROJECT N0.939 Item 8-A-7 Regular Council Meeting August 6, 1979 Page 241 Manager Wf:lis introduced Metram Properties' reqjest for site plan approval at the northwest corner of Pilgrim Lane and Lancaster Lane (79014). Howard Dahlgren, Metram Properties, requested that Condition 12 of the resolution "quiring cedar shakes be removed since the City Fire Code does not allow wooden shingles. Planner Tremere inquired if the Fire Code disallowed all wooden shingles. W. Dahlgren replied it allows a non-concbustible wooden shingle, but its cost is prohibitive. Wil Johnson, First National Bank of Minneapolis, displayed a picture of the type of metal roofing that was ;proposed for the bui'ding. Mr. Dahlgren also objected to Condition 13 which calls for minimum tree size since they have worked out a landscape plan voth the residents providing for a variety of trees of different heights. The plan calls for approximately 400 plants and some varieties would not be available in the minimum dimensions required. Mr. Dahlgren asked that the landscape plan be approved as submitted, and that the plantings east of the buildings would be as recommended by the Plannipy Commissions MOTION was made by Counci1member No t, seconde4 by Council - member Neils, to adopt RESOLUTION N0, 79-452, A RESOLU'ION APPROVING SITE PLANS AND VARIANCES FOR METRAM PROPERTIES AT THE NORTHWEST CORNER OF PILGRIM LANE AND LANCASTER LANE 79014) with the deletion of Conditions 12 and 13 and the addition of a new Condit;on 13 prohibiting outside storage and a new Condition 14 requiring that a sign plan be sub- mitted for Council approval and adding the following to Condition 6: "in accordance with the approved site plan." Motion carried on a Roll Call vote. four ayes. MOTION was made by Councilmember Neils, seconded by Mayor Hunt, to adopt RESOLUTION NO. 19-453, A RESOLUTION APPROVING LOT DIVISION FOR EXISTING PLATTED LAND rOR METRAM PROPERTIES 79014). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Hoyt. seconded -y Council - member Neils, to adopt RESOLUTION NO. 19.454. A RESOLUTION SETTING CONDITIONS PRIOR TO FILING OF LOT DIVISION FOR METRAM PROPERTIES. Nktition carried on a Roll Call vote, four ayes. 241* RESOLUTION N0. 79-452 APPROVING SITE PEANS AND VARIANCES FOR METRAM PROPERTIES 79014) Item 84-1 RESAPPOL UTRON N0. 19453 FOR METRAM PROPERTIES 79014) Item 84-1 R„SOLUTION! NO. 70,-454 3m,1 D IT'MNS FOR LOT DIVISION Mr'TRAM PROPERTIES MMJ Item 848 1 vesu ar Council Meeting Augnst 6, 1979 Page -242 MOTION was. made by t'n`nc i 1 member Hoyt, seconded by Council - m tuber Neils, to adoyt RESOLUTION N0. 79-455, A RESOLUTION APPROVING SITE PLAN FOR 4INDFIELD DEVELOPMENT COMPANY AT THE NORTHEAST CORNER OF 28TH AVENUE AND VICKSBURG LANE. fttion carried on a Roll Call vote. Tour ayes. MAyor Hunt reported that Lewis Supplee had requested Oat his request for rezoning at 1410 State Highway 101 be removed from the agenda. M(YrION was made by Councilmember Davenport. seconded by Council - member Hoyt, to bring back the request for rezoning for Lrwis Supplee for resolution at the August 20 Council meeting. Motion carried, four ayes. WTION was made by Councilmember Hoyt. secoraed by Council- Member Neils, to adopt RESOLUTION We 7945.6, A RESOLUTION APPROVING DETAILED LANDSCAPE PLAN FOR HONEYWELL, INC. AT 12001 STATE HIGHWAY 55 (A-151). Rotion carried on a Roll Call vote. :our ayes. MOTION was made by Councilmember !toyt, seconded by Cvuncil- mmber Neils, to adopt. RESOLUTIPH ;:0. 79457, A RESOLUTION APPROVING TEMPORARY CONDITIONAL USE FOR TWO MOBILE STRUCTURES FOR OFF ICL, AND CONFERENCE PUf: US AT 12001 STATE HlGiWAY 101 A-151)0 hbtion carried on a Roll Call vote, four ayes. Council re:iewad request for for Charles Calplson for Fun N. Count,; Road M. renewal of Conditional Use Permit and Games Amusement Center at 3425 Councilmember Davenport questioned Condition 6 that requires two adult attendarts to be on dutteat all times and suggested that more than two adults should on the premises because of the incidence of police calls to the facility. He objected to the accentabilit, of this use. Counciamember Neils stated he felt the business is a nuisance that causes problems for the City. 79(53) Item 8-8-2 REZO"ING TO B-1 LEVIS SUPPLEE Item 8-C RESOLUTION We 79456 PIAN FOR HONE;WELL. INC. A-151) item 14-0* RESOLUTION N0. IFOJCONDITIONALUSE TWJ MOBILE STRUCTIi# S HONEYWELL, INC. A-151) Item 8-C+ Charles Carlson, petitioner, stated all site improvements will be completed on or before September 15. 1979 and a new performance bond submitted to tine City to assure maintenance and upkeep of the improvements. 242- Regular Council Reet i ng August 6, 1974 Page 243° MOTION was made by Councilmember Hoyt, seconded by Mayor Hunt, to adopt RESOLUTION'NOS 79r45R, A RESOLUTION APPROVING CONDI- TIONAL USE PERM;T RENEWAL FOR FUN A GAMES AMUSEMENT CENTER FOP CRARLES. CARLSON FOR A PERIOD, TO EXPIRE OCTOBER 319 1979. Motion carried on a Roll Call vote, two ayes. Councilmember Davenport voted nay and Councilmember Neils abstained. M41 ION was, made by Councilmember Hoyt, seconded by Counci 1 - member Neils, to adopt RESOLUTION NO. 79-4590 A RESOLUTION APPROVING LOT CONSOLIDATION FOR EXISTING PLATTED LOTS FOR RICHARD LINDELL AT NORTHWEST CORNER OF 34TH AVENUE AND, KILMER LANE (79049). Motion carried on a Roll mall vote, four ayes. NOTION was made by Counc i Imcmber Hoyt, seconded by Cou:rci 1 - member Neils, to adopt RESOLUTION NO, 79-460.9 A RESOLUTION SETTING CONDITIONS PRIOR TO: FILING OF LOT CONSOLIDATInN FOR RICHARD LINDELL, AT NORTHWEST CORNER OF 144TH AVENUE AND KI4MER LANE (79049). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79.461, A RESOLUTION AWARDING 810 IN THE AMOUNT OF $2326414,50 TO Ce He HOULE, INC. FOR AMER I KS AND. MEQ IC I NE RIDGE ADD I T I ONS, R10JE CT NOS. 906 AND 9190 UTILITY AND STREET IMPROVEMENTS. Motion carried on a Roll Call vote, four ayes, Council discussed the grading requirements for the Rappaport Addition and expns sed concern that all additional costs to be incurred for the rough grading to be done for the Rappaport Addition be assessed to the developer. Engineer Moore replied the breakdown for those costs was listed in Engineer Olson's letter dated July 26. 1979 and would be assessed to the developer. MOTION was made by Councilmember Neils, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 79-460. A RESOLUTION AWARDING BID IN THE AMOUNT OF $269$88.00 TO NORTHDALE CONSTRUCTION COMPANY rCR PROJECT NO. 8460 RAPPAPORT ADDITION. Potion carried on a Roll Call vote, four ayes. 243- RESOLUTION NO* 79-458 APPROVING r1 TTW USE PERMIT RENEWAL. FUN A CAMES AMUSEMENT CENTER -CHARLES CARLSON A-508) Item 8-E RESOLUTION NO. 79-459 FOR RICHARD LINDELL 79049) Item 846 RESOLUTION NO. 79460 J FOR LOT CONSOLIDATION FOR RICHAKII LINDELL 7x9049 ` Item 8-F• RESOLUTION NO,, 79-461 PROJECTS 906 S 919 AMER IKS AND MEDIC INC RIDGE ADDITIONS UTILITY A STREETS Item 8-G-1 RESOLUTION NO. 79460 PROJECT NO. 846 RAPPAPORT ADDITION Item R -G-2 Regular Council Meeting August 6. '1979 Page 244 MOTION was made Ivy Counc i lmember Hoyt. seconded by Council- member ounci1- member Molls, to adopt. RESOLUTI0N N06 79.46.3. A RESOLUTION ORDERING REMSTATCAMENT OF SA:NlTARY SEWER TO PROJECT NEI. 916, SHEQD-8ROWNjHONEYWFt4 U'TILIYY AND STREET IMPROVEMENTS. Motion carric-d on a RAIL C01 vote. tour aye!. Manager Willis reviewed costs for extension of 37th Avenue in Pl)=uth HFllls Addition. Engineer Mbore. stated he has received a waiver of assessment hearing From the developer of Plymouth HMlls Addition. MOTION was made by Mayor Hunt, seconded by Councilmembar Hoyt, to direct st4ff to proceed with this street by change order with an ex'sting project. Motion carried, Four ayes. R:ck Sothre, KcCombs,*itnutson, inquired if it was Council's intent to building 37th Avenue through the Plymouth HEills site. Engineer Hioore answered yes, If it is petitioned For. Frank Larsen, Plymouth Hulls Companys stated his latter of August 1, 1919 petitioned for extension of 37th Avenue easterly through Ouktlots E. No F and G. MOTION was made by Mayor Hunts secorideJ by Counci lmember Neils, tv research how 37th Avvnue con be continued to the east and report back to Council at the August 20 meeting. Motion carried, lour ayes. MOTION was made by Courcilmember Hoyt, seconded by Couneilo member Neils, to) direct staff to appropriate funds for the pedestrian underpass train the rail Improvement Fund. ftt ion carr ed, lour a)es. MOTION was made by Counc i {member Hoyt. seconded by Council- member *ils, to adopt RESOLUTION 110. 79-464. A RESOLUTION AUTHORIZIN% PAYMEHtT ON REQUEST FOA PAYMENT NQ. 2 IN THE AMOUNT OF 57.130.43 TO h A HI CONSTRUCTION. INC. FOR PROJECT NO. 81;;. WELL NO. 5 - PURPHOUSE. Motion carried on a Moll Call votes tour ayve;.. MOTION was made by Councilmember Ht%yt, seconded by Council - member Nef ls, to adopt RESOLUFION NO. 79.465. A RESOLUTION AUTHORIZING PAYNI NT ON REQUEST FOR PAYMENT NO. ,'! 101 THE AVAUNT OF S1206423.$O TO NORTHOALE CONSTRUCTION COMPANY! FOR PROJECT NO, 902. NORTHWEST INTERCE'TON SEWER, Motion carried on a Roll Call vote, four ayes. 244- RESOLV ION NO. 75, T OF SANITARY SEWER TO PROJECT NO. 916 SlIEDNOROWN,00NEYW'ELL Item 844* EXTENSION Of' 3 7T R Aff . PLYMOUTH hills AUDITION Item 8•I RESOLUTION NO. 7940 REQUEST FOR PAYNE WE.L NO. 5-PUMPHOUSE PROJECT NO. 812 Item 8oJ.1+ RESOLUTION N0. 79465 NII INTERCEPTOR SEW PROJECT NO. 902 Item 84WG* w Regular Councll Mk!ettn; Aub•:est 6. 1979 Page `45 NOTION was mage bg Counci lmember Ifoyt. , seconded by Council - member Molls, to adept. RESOLU710 t We 79466, A RESOLUTION AVTNORIZING PAYMENT ON REQUEST FOR PAYMENT NO. i' IN THE AMOUNT OF $40.2 9.13 TO SARSAROSSA. A SONS. INC. FOR PRWECT NO. 8329 SCHMIDT LAKE MIL`S UTIL IT [[S. Ration c4rrted. o!e a Poll Call vote. Four eye%. NO°T I ON Mos made by Counc l lmember HW. seconded, iiy Council - member Mells, to adopt RESOLUTION N04 794671 A PESOLUTIOM AUTHORIZING PA,YMg47 ON REQUEST FOR PAYMENT NO. 1 IN THE AMOUNT OF $13,293.45 TO NODLAND ASSOCIATFS. INC. FOR PR%1JECT NO. 908, MEDINA ROAD AREA UTILITIES. Nation esrrled on a Roll Lall vote, four ayes. MOTION was made by Councilmember Hoyt. seconded by Council" member [oils, to adopt. RESOLUTION N0. 1944680 A RESOLUTION d1IHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. l IN THE AMOUNT OF $44.487.80 TO JEROME Pe BEGIN CONTRACTING COMPANY FOR PROJECT NO. 9081 MEDINA. RW AREA STRbETS. Ration carried on a Roil Call vote. Pour ayes. 40T I ON was made by Coutic 1 lmember Hoyt, seconded by- Coune i 1 - member Ne+.ls, to adopt RESOLUTION NO* 79, 469. A RESOLUTION AUTHORIZENL PAYMENT ON REQUEST FOR PAYMENT NO. 2 IN THF AMOUNT, OF $1111 22'8. -3 TO C. S. RcCROSSAN, INC. FOR PROJECTS NOS. 807 AND 911, 001t@Ct'011 PLYMOUTH STREETS - CONTRACT I. August 6. 1979 Page 456 MOTION was made Qy Cauvi i lmember wort, seconded. by Counci l - member Ne113. to adopt RCSOLUTION NO. 79.470., A RESOLUTION AUTHORIZING PAYMENT ON REIZEST FOR PAYMENT N0. 2 IN THE AMOUNT OF $178,Di7.O7 TO PROGRE$311f CONTRACTORS FOR PROJECT NOS. 8S3 AND 911. DOWNTOWN PLYMOUTH - '.'QPiTRACT It - Y ICKSBURG LANE ND NEW COUNTY ROAD 9. Motion carried on d Roll Call vote. Your ayes. MOTION was made by Councilmember R6;?t, seconded by Council,* member Roils, to adopt RESOLUTION NO, 794716 A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 1 IN THE AWUNT OF $90.886.05 TO NORTNQALE CONSTRUCTIOX COMPANY FOR PROJECT NOS. 801, 853 AND 9111 DOWNTOWN PLYMQU14 UTILITIES - CONTRACT III. Lotion carried on a Roll Call vote. Your ares. 445,w k.SOLUTION NQS. 7'9.466 SCFIMi®T LADE NILLS C.rILPTIFS ROJECT NQ. 832 Item, 84 3,' RESOLUTION NO. 79-467 REqUFST VCR RT MEDINA ROAD AREA UTILITIrS PROJECT N0. 908 Item 8440 RESOLUTION NO. 19-468 MEDINA ROAD AREA STREET PROJECT NCC 408 Item 844* RESOLUTION NO. 79-49 DOWNTOWN PLYMOUTH STREETS-CO"R:ACT I PROJECT NOS. 807 d 911 RESOLUTION 00. 79.470 DOWNTOWN PLYMOUTH CONTRACT II PROJECTS 853 A 911 Item 8,*J-1* RESOLUTION NO. 79.471 DN$ TQWN PL YMOUTH UTILITIES CONTRACT III Regulate Counc i i Reet t ng August 6. 1979 Page 2461 NOT, o°lN WAIF made by Coura I Imembe Hoyt . Ser.oAded by c:ounc i; member Neils. to adopt RESQkitTlIN NO* 794722 A !E aOLUGION AUTHOR IZ INE, PAYMENT ON REQUEST FOR PAYEMNT NO. 3 IN THS' AMOUrk OF $78.529.SS TO HARDRIWES. INC. FOR 19714, STREET SURFACING* stiltton carried on a Roll Call vote. four tyel. Tom Aovetang. 915 Vindemere Drives reported that residents of the E leenloch area arrived at a consensus at a netghborhmt meeting attended by 70 residents agreeing to the concept plan as proposed for toleanloch Net hbarhood Pork suo„ttect to the Satisfaction, of landowners adjacent 4 *.tea Qasketball Court, Mr. Lovetang thanked the members of the Council and .PPAC. who ottendeO the neighborhood meetin gird the Council for deferring the matter to give t.,e neis.,.. srhood t ime to renew the plan. MOTION was made by Counctimefiber Devenport, seconded by Counc i lme0gtr Noy*., to adopt RESOLU110ft NO. 79413. A. RFSOLUT IG" AFOROVI NG PARK DEVELOPMENT CONCEPT. AUTHORIZING THE PRIPARATION 3F CONSTRUCTION PLANS AND SPECIFICATIONS~ AND AVERT IS IN& FOR BIDS FOR GLEANLOCK NE IGHBORH(IAD PARK With the addition of three more trees to the east of open Vlay•skating area and additional plantings to further screen the basketball court from the carner lot subject to agreement by the Park Department and resideitise Motion carried on a boil Cat) votes four ayes. NOTION was made by Councilmember hoyte seconded by Councij- memibeiM dells,, to adopt RESOLUTION NU. 79-474A A RESOLUTION APPROVING DISBURSEMENTS FROM THE GENLRAt FUND, CONSTRUCTION FUWD. RTILITIES FUND. HOUSING REO'EVELOPMENT AUTHORITY FUND AND SPEC IAr. ASSESSMENT FUNDS TOTALLING PsO54.941.;,A FOR PERIOD ENDING JUNE 3ns 1979. Motion carried on a Roll C411 vote, tour ares. REPORTS OF OFFICER hit's MOTION was made by Mayor Hunts seconded by Councilmember Hoyt_, to adopt RESOLUTION NO. 794741 A: RESOLUTION ORDERING A PUBLIC HEARING TO ESTARLISR 1) STORK .SEWER IMPROVEMENT TAX DISTRICTS, 2) CAPITAL. IMPROVEMENT PROJECT'S. AND 3) STORM SEWER FUNDS. Ittfon carried on a Roll Call vote, four ayes. MISCLLLANEOUS Councilmember Deverport camented on the type of manhole covers used In Plpwuth and reported the had received complaints from 446- Iter; 04.09. PLEANLOCH PARK Item 9.K SURFACING NEIGHBORHOOD RESOLUTION We 79.473 mm, TRC TORCIPT N WHOR IZ ING FINAL PLANS AND SPECIFICATIONS GLEANEOCK WGIIBOR11000 PARK - Item 9.R RESOLUTION We 79.474A APMOVINUTTSBURSERNTS. PERIOD ENDING 6/30/79 Item B -L* RESOLUTION NO. 79474 IfRTIM E79MG TO ESTABLISH STORM SEVER RESERVE DISTRICTS Item 9•A Regular Council Meeting August 6. 1979 Rage 241 residents that chiloven are removing the covers creating m dangerous conditions Engineer Olson repel fed the oc X solution would be to bolt the covers dow ... but this would create a muf nt.nance problem. Engineer Moore stcted he would investigate the problem. C oune i lmember ';, {.v°enport reporter! Comiss inner Hohn Eagleton w4 i l he resigning frau the Planning Cemm+ssion since he has been transferred to Duluth. Council agreed to tnterevfew the applicants, for the Planning COMission positiorb that were unable ee attend the interviews on July 30 at. 6:30 p.m. before the regular Council meeting: on August 204 Councilmember ttoyt reported that the Civic league has reouested that a permanent site for Music in Plymouth be prepared behind the City Center in time for nest year's performance. MOTION was made by Councilmember Hoyt, seconded by Cou..cilmemher Davenport. to #irect the con 0 ting engineers to prepare an estimate of costs for grading of the bowl behind the City Center to include seeding and briW-% electricity to the site by the for submission to Council a. August 20 Council meeting. Notion carried, four aver. The me4ting was adjou,•red dt 11:35 p.m. 40 ye r"",.".'