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HomeMy WebLinkAboutCity Council Minutes 09-17-1979J Page 306 MINUTES Regular Cou,nil Meeting September 17. 1979 A rtgular meeting of the Plymouth City Council was called 4,at -50 p.me in the Council Chambers of the City Center at On September 17. 19719 to order by (Mayor Hunt 3400 Plymouth Boulevard PRESENT: Mayor Dunt, Councilmm.nbers Davenport, Nei',. and Spaeth, Manager Willis' Administrative Assistant Boyles, Engineer Moore, Planner Tremere and Attorney Lefler. ASSENT: Councilmember Iloyte , PRESENTATION Kenneth J. Guddal. Jr. presented to Council pictures showing the results of the community service project he completed to fulfill the requirements for Eagle Scout which consisted of painting park identification signs throughout the City. CONSENT AGENDA OTION was made by Councilmember Spaeth, seconded by Council - member Neils. to adopt the items on the Consent Agenda with tine excen 4(-i of Items 64 and 6-M-2 and with correction to page 295 q..' the minutes regarding the Engineer's remarks on special assessments in paragraph 6, Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by ember Neils, to approve the minutes of the September s;iecial Council meeting as corrected. Motion carried on a Roll Call vote, four ayes. PRESENTAION EAGLE SCOUT PROJECT CONSENT AGENDA Item 4 Council- MINUTES - SPECIAL 10 COUNCIL MEETING SEPTEMBER 101 1979 Item 5• PETITIONS, REQUESTS AND UOMMUNICATIONS ManaNsr Willy reviewed the request fo; final plat/plan approval of "Parkbrooke" RPU) 79-1 for Gar -Lar Prt)perties (79018). Councilmember Spaeth questioned why the extension of 38th Avenge into the adjacent plat to the east and its eventual tie-in to the north was not shown on the plat. Mayor Hunt asked that action on this item be defevred until later in the evening so that staff could p".sent to Council the proposed Plan showing extension of 38th AvcAue% 406- FINAL PLAN'/PLAN PARKBROOKE RPUD 79-1 GAR -LAR PROPERTIES 79016) Item 6-A-1 Regular Council Meeting September 17. 1979 Page 307 Manager Willis introduced request for final plat and reloning of Schiebe's Business Park consisting of six commercial lots east of Forestview Lane and south of Highway 55 sere ; ce road. There was discussion of whether the propesed culademsac should be placed entirely on the Schiebe property as recommene.ed by staff, or whether the Planning Cortmission's recommendation to locate the cul-de-sac on the property benefitted. the, Shedd -Brown property to the south and the Honeywell property to the west should be considered. Manager Willis stated if it is determined at this point that Forestview Lane should be connected to County Road 15 just south of the parcel. then Outlot A should be platted as Forestview Lane. FINAL PLAT/REZONI SCHIEBE BUSINESS PARK 4786) Item 644 Loren Schiebe. petitioner. agreed with the Planning Commission's recommendation. Mr. Schiebe stated since they have already pro- vided a 60 foot easement to the Shedd -Brown property and the Schiebe parcel hee less acreage than either the Shedd -Brown or the Honeywell parcels, it is not equitable to locate the cul-de-sac solely oo their property. He stated they were also in disagreement with Item 2.1b of the development contract stating ".....and the developer agrees to accept the assessments." They ask to have the same right unat Shedd -Brown and Honeywell have to dispute the at-sessments if they disagree with the assessment spread. Mayor Hun: stat id the project costs will be assessed tAually between the three properties involved at the time of the assessment hearing. Counci lmember Neils stated in t;hi ,c circum. stance ircum- stance where three parties are contesting the assessments, he would like to see agreement reached con an assessment formula before the time of the assessment hearing. Mayor Hunt asked the Assessment Committee to study this improvement; project and return to Council with an assessment formula for assesr4nent of the costs involved. Mr. Schiebe further disagreed with moving lot lines between Lots 5 and 6 so that Lot 4 would have more frontage. It was designed as proposed because of the location of sanitary and storm sewer and he felt Lot 4 had adequate frontage as proposed. He requested that the lot lines remain as proposed. Planner Tremere replied Lot 4 as proposed has less frontage than the 150 foot frontage which is the minimum requirement in 4 j'-1 industrial area. Counciloieiioer Spaeth stated the lots should be redesigned to meet the urdinance standards considering the topography of the land and the location of the storm sewer. 307- 1 C Regular Council Meeting September 17, 1979 Page 308 Mr. Schiebe asked that Council follow the Planning Commission's recommendation to locate the cul-de-sac on the Shedd -Brown and Honewell property Onca they have provided a 60 foot easement on the Shedd -Brown property and he read part of the easement agreement in which Shedd-Browi a!ireed to construct a road on the right-of-way. Councilmember Davenport questioned why tie staff proposed that the cul-de-sac be located on the Schiebe parcel. Manager Millis replied the ustible lard on the,Shedd-grown parcel is somewhat constrained because of the pond, and ea :ier Council approvals for Shedd -Brown and for this preliminary plat contemplated the cul-de-sac in that manner. Harvey,Schiebe, petitioner, stated there is a turn -around on the Sheed-Brown parcel now which is the same size as the proposed cul- de-sac and he felt it could be 4bnstructed in the sere location. Manager Willis statEd the Council should consider the following options: 1) potential extension of Forestview Lane to the future extension of County ",oad 15; 2) provision of a cul-de-sac in this location oil one of the parcels; and 3) making the street a private driveway to Shedd -Brown which the City would not. have the respon- sibility to maintain. Mr. Schiebe stated at the present time Forestview Lane is a private street privately mainta.!ned by Honeywell and is In very good condition. Dean Matthews, Shedd -Brown, agi•eed to consider the recommendation of the Assessment Committee with respect to an assessment formula for spreading the costs of this improvement proj%-ct. He further stated they started planning this parcel with the understanding that there would not be a cul-de-sac on their property. Although they have a large piece of property, they are bout:d on the south by sewer and on the east by wetland, which forces their construc- tion into the northwest corner of the plat. Clifford Buikema, architect for Shedd4rown, presented various site plans showitig alternative locations for the cul-de-sac on the three parcels involved. He stated placing the cul-de-sac entirely on the Shedd -Brown property makes street access very difficult and cremes a steep grade for the street and doss not allow for sufficient in- ternal traffic circulationb they preferred "Alternate 6" which pro- vided for dead -ending Forestview Lane at the end of the Schiebe property and prc ided the City with a turn -around for its maintenance egui pment. There was discussion of the ne^essity for the future ext^nsion of Forestview Lame to connect with County Road 15. 4081- Regular Council Meeting September 17, 1979 Page 309 James Dueholm, attorney for Shedd -Brown, stated a private roadway with a turn -around on the Shedd -Brown property would be agreeable but there would be a potential problem with the frontage requirements. Lor,n Schiebe stated they cannot dedicate the right-of-way to Shedd. Brown because Honeywell has an easement on that property. Mayor Hunt stated Shedd-B+•own also has an easement on the property and could build the road now if variances can be granted for frontage requirements. Council must consider whether it will be necessary to contruct a road connecting to Covnty Road 15. He stated he felt a decislot, now would be premature since traffic considerations on Count; Road 15 in the future would determine whether or not a public ,%oad would he necessary to connect to it. M0710N was made by Councilmember Spaeth, seconded by Council - member Neils, to defer action on this item until the staff has a chance to meet with all interested parties and expliin the option available of eliminating the south cul-de-sac and to work out the utility easements and variances that would be needed to cv.struct. a private road on the Shedd -Brown property, and for the Assessnient committee to work out an assessment formula. Motion carr'ad, four ayes. PlAnner Tremere dizplayed the traffic plan showing the extension of 38th Avenue to the east of the Parkbrooke plat and its even- tual connection to the north. Counciln:ember Nils asked what the grading plans were for the southwest portion of the plat which is rather low relative to the flood plain. Jerry Hauer, McCombs -Knutson Associates, stated the grading was designed by the architect and provided -'illing the south- west ortion of the plat. He displayed the grading plan to Coun 1 and explained detailed plans would be submitted with the required conditional use permit for development within the Flood Plain District. MOTION was mane by Councilmember Davenport, seconded by Councilmember Neils, to adopt RESOLUTION NO. 79-574, A RESGLdT1ON APPROVING FINAL PLAT AND DEVELORIEN' CONTRACT FOR PARKBROOKE ('t!'lID 79-1) WITH GAR -LAR PROPERTIES (79018). Motion carriod on a Roll Call vote, four ayes. 309- RESOLUTION N0. 79-574 DEVELOPMENT CONTRACT PARKBROOKE RPUD 79-1 GAR -LAR PROPERTIES 790118) Item 6- 1 Regular Council Meeting September 17, 1979 Pat* 310 NOTION vas made by Councilmember Neils, seconded by Council- membrr Spaeth, to adopt RESOLUTION N0. 79-5759 A RESOLUTION SETTING CONGTIONS TO BE MEJ PRIOR TO FILING OF FINAL PLAT FOR PARKBROOKE (RPUD 79-1) FOR GAR -LAR PROPERTIES (79018). Mutton carried on a Roll Call vote, foci -v ayes. MOTION was made by Counci1moMier Neils, secondod by ,Council - member Spaeth, to adopt RESOLUTION 00% 79-5166 A RESOLU-141N APPROVING S:TE PLAN FOR PARKBROOKE (RPUD 79-1) FOR GAR -LAR PROPERTIES (79018)0 lotion carried on a Roll Call vote, four ayes. MGTION was made by Councilmember Davenport, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-577, A RESOLUTION ADOPTING ASSESSMENT IN THE AMOUNT OF 56,000 FOR PARKBROOKE RPUD 79-1) PROJECT N0. 940 FOR GAR -LAR PROPERTIES ('19018). Motion carried on a Roll Call vote, four ayes. Manager Willis introduced appeal of Stuart A. Thorson for reconsideration of variance request denied by :he Board of Zoning Adjustments and Appeals on August 14, 1979. MOTION was made by Councilmember Spaeth, seconded by Council- member Neils, to urbold the Board of Zoning's ditIsion with regard to denial of the variance request for Stuart Thorson. Stuart Thorson, petitioner, stated he applied for a five foot variance to attach a garage to his home and the Board of Zoning recommended he seek another location in his backyard. He dis- played a site plan of his lot showing the proposed garage attached to his hone. He stated if he builds a garage +n his backyard he is limited by the drain sewer for 13th Avenue that runs down the length of his yard and the the hill in the back of his yard. Erecting a garage directly behind his home woulo destroy the only usable yard area available, which pr seently contains a patio and baseball diamond, and would require a long driveway. He displayed photos of the drain pipe, his backyard and the front of his hone, illust"sting the location of the proposed garage. The proposed garage %iouid be eighteen feet wide and be five feet from the property li.nb an4 would be served by thi: existing driveway. Councilmember Neils aKeed how closest pact of his neighbor's was approximately 50 feet from far frond his lot line was the home. Mr. Thorsen rpplled it the property line. Councilmember Davunport asked Mr. Thorson if he had presented the same visual displays to the Board of Zoning showing the drainage sewer and views of his backyard. Mr. Thorson rep?ied 310• RESOLUTION N0. 79-575 FOR F I NAL PLAT PARKBROOKE RPUD 79 - GAR -LAR PROPERTIES 79018) Item 6-A-1 RESKUTION N0. 79-576 APPROVING SITE PL PARKBROOKE RPUD, 79-1 GAR -LAR PROPERTIES 79018) Item 6-A-1 RESOLUTION We 79-50 AMPTING ASSESSMENr FCR PARKBROW PROJECT N0, 940 1."An 64-1 APPEAL FROM E-OARD OF ZONING DECISION STUART THORSON Item 6-B-1 Regular Council Meeting September 17, 1979 Page 311 he was out of town on the date of the Beard of Zoning hearing and was not able to mako the presentation himself but had a neighbor, who did not have these pictures available, present fte petition. SUBSTITUTE MOTION was made by Concilmember Davenport, seconded by C4uncilmember Neils, to adopt RESOLUTION N0. 79478, A RESOLUTION APPROVING VARIANCE FOR STUART THORSON TO BUILD A GARAGE TO WITHIN 5.5 FEET OF THE PROPERTY LINE ON HIS LOT AT 14435,- 13TH AVENUE NORTH for the following reasons: 1) the existence of the storm sewer in his back- yard; 2) neighbor's setback to thio west is substantially deep to be impacted negatively; 3;1 nearest structure to the west is at least 60 feet south of the proposed garage. Motion carried on a Roll Call vote, four ayes. Manager Willis introduced the appeal of Mervyn D. Bjerke for reconsideration of variance request denied by the Board of Zoning Adjustments and Appeals on August 14, 1979. Mervyn Bj erke, petitioner, stated he requested a sideyard variance t: locate a turn -around driveway up to the property line as a resoil t of a new garage addition. He stated the current driveway w?11 remain the same and only the turn- around portion will border the property lone. He showed a site plan showing the proposed driveway. Councilmember Spaeth stated it is a common practice through- out the C'ty to locate driveway turn-arounds up against the property line and he could find no reason to deny the appeal. MOTION was made by Councilmember Spaeth,.seconded by Mayor Hurt to adopt RESOLUTION N0. 79-579, A RESOLUTION APPROVING SIDEYARr. VARIANCE FOR MERVYN D. BJERKE TO CONSTRUCT A PAVED DRIVEWAY ANC TURN -AROUND TO THE SIDE PROPERTY LINE AT 15925 - 4TH AVENUE N. Motion carried on a Roll Call vote, four ayes. Mayor Hent requested staff to prepare a memorandum to the Boar. of 'ening Adjustments and Appeals informing them of the addititnal ini)mation t;Re Council recieved from Mr. Thorson and Mr. Bje6 A. The Mayor also requested staff to advise petitioners to the Bot Ad of i'oning to make a complete presentation to that Board. Councilmember (lasenport expressed concern about the introduction of additional materials to the Council to appeal a Board of Zoning decision and suggested that in the future if new material is pre- sented after denial by the Board of Zoning, it must he presented to the Board of Zoning acid another fee collected. 311- RESnLUrION N0. 79-578 APPOOVING VARIANCE-" FOR STUART THORSON Item 6-B-1 APPEAL FROM 90ARD OF ZONING DECISY3N MERVYN Be BJERKE Item a -B -Z RESOLUTION N0. 79-579 FOR MERVYN BJERKE Item 6-B-2 Regular Council Meeting September 17, 1979 Page 312 MOTION was made by Councilmember Neils, seconded Cy Council - member Spaeth, to direct staff to prepare an ordinance amend- ment fnr Council's approval to apply in low density residential breas wherrby driveways and turnarounds would be permitted to be constructed in a reasonable manner not governed by the ordinance regulating commercial -industrial property; specifically recognizing the special circumstances of driveways and turn-arounds on cut -de -sacs and that do not encracv0 on the neighbor's enjoyment of his property. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION N0. 79-5800 A RESOLUTION REJECTING NEIGHBORHOOD PAP,K BID FOR SHILOH AND GLEANLOCH PARKS AND AUTHORIZING REBIDDING FOR 1980 CONSTRUCTION. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember member Neils, to adopt RESOLUTION LEVYING TAXES FOR THE SUPPORT OF AS FOLLOWS: NO. 1 - $126,000; N0. AND N0. 4 - $13,890. Spaeth, seconded by Council. NO* 79-5819 A RESOLUTION STORM SEWER RESERVE FUNDS 2 - $40,,000; N0. 3 - $4,280; Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, secondee by Co.+ncii- member Neils, to adopt RESOLUTION N0. 79-5820 A RESOLUTION AMENDING DEVELOPMENT CONTRACT FOR HADLEY PLACE TO PROVIDE FOR THE CITY AND THE DEVELOPER TO SHARE IN THE COST OF THE INSTALLATION OF THE SANITARY SEWER LINE ALONG THE SOUTH- EASTERLY SIDE OF HADLEY LAKE AS IT TRAVERSES THE HADLEY PLACE PLAT P -T A TOTAL COST OF $2195006 Motion carried on a Roll Call vote, four ayew. Council discussed 0e proposed revision to the Park Dedication Policy providin;l % sliding park dedication requirement for com- merclal-indu!trial properties. Councilmember Spaeth objected to a sliding sca%e and stated there should be a, 10 percent park dedication requi:-ement for all parcels regardless of site. Manager Willis stited the sliding scale was proposed for commer- cial -industrial properties to offer a more reasonable and equitable basis for park dedication in comparison to resi•• dential properties since they put less demand on the City's park facilities. Councilmember Neils stated he felt the proposed sliding scale was not equitable since usually the larger commercial -industrial parcels had greater site coverige than smaller parcels except in the case of projects such as Noothwestern Bell where a park -like site is provided 312- RESOLUTION We 79-560 REJECTIN - HOOD PARK BIDS AND AUTHORIZING REBIDDING Item 6-C RESOLUTION N0. 79-581 SUPPORT OF STORM SEWER RESEW FUNDS FOR THE YEAR 1980 Item 6-D RESOLUTION N0. 79-58 AMENDING DEVELOPREIr CONTRACT-HADLEY PLACE A-522) Item 6-E* PARK DEDICATION POLIC' Item 6-F Regular Council Meeting September 17, 1979 Page 313 NOTION was made by Councilmbzt%or Neils, seconded by Council - member f4venport, to direct staff tv redraft the amendment to the Park Dedication Policy with respect to commercial - industrial properties retaining the present 10 percent park dedic,Btion requirement with the provision that the City Council will give special consideration to special circum- stances for site plans providing a park -like environment with ponding and landscaping areas permanently maintained. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to concur with the Manager's recommendation that the City would not object to proceeding with IRB financing for the Miles Homes Project on another site in PlymoutS from that originally proposed. Motion carried, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt ORDINANCE N0. 79-279 AN ORDINANCE AMENDING SUBSECTION 100.07 OF THE CITY CODE RELATING TO STATUTES ADOPTED BY REFERENCE TO MINNESOTA STATUES 19799 MINNESOTA STATUTES 1979 SUPPLEMENT, AND LAWS 19790 UNLESS OTHERWISE PROVIDED, ARE IN EFFECT ON JANUARY 1, 1919. Motion carried on a Roll Call vote, four ayes. Manager Willis introduced a Resolution designating Ridgemount Avenue between CSAH 61 and CSAR 73 as a b'cycle lane and sug- gested that the speed limit for this bicycle lane be set at 30 m.p.h. Douglas O'Brien, principal of Sunset Hills Elementary School, stated over 1500 children attend Sunset Hills, Ridgemount J.H.S., and St. Mary of the Lake Family Learning Ceater and travel this half -mile stretch of Ridgemount Avenue. Sunset Hills School, in particular, is a walking neighborhood area, and many children walk to school. Because of this, he recommended a speed limit of 25 m.p.he rather than 30 m.p.h. He stated this would match, the recommendation adopted by the Minnetonka City Council. Councilmember Neils expressed concern about setting a precedent for school speed tones when the City's planning pr;ncipies are based on locating junior high schools on local collector streets allowing access for traffic for the varied sports and other activities scheduled in these schools. Reducing the speed on a collector street will not 4onfoc'm to these planning principles. Gerry Schmid, representing Sunset Hills PTA, asked fuer a 25 m.p.he speed limit at least from the western End of Ridgemour,t Avenue to 31:- MILES HOMES DIVISION INSILCO CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT Item 6-G* ORDINANCE NO. 79-27 AMENOING SUBSECTION 100.07 Item 6-H* RIDGENOUNT AVENUE BICYCLE LANES AND SPEED LIMIT Item 64 0 Regular Council Meeting September 17, 1979 Page 314 Forestview Lane, so there would be a slower speed zone fronting the nursery school at St. Mary's and the sports facilities at Ridgemount J.H.S. that are used by the neighborhood children. Manager Willis stated he could not recommerd a 25 m.p.ho speed zone as a solutioti because the motoring public will not be able to determine the change ir; the speed linit at that point. The study conducted by the State Highway Department recommended a speed limit of 35 m.p.h. at that point. Russ Fallstad, 330 Forestview Lane N., proposrd setting the speed limit at 20 m.p.h* to protect the children in the area. Gay Touhey, Director of St. Mary's Nursery school, stated there were a total of 125 - 3, 4 and 5 year olds walkinq to Sunset Hills and St. Mary's nursery schools and asked for a 25 m.p.he speed limit to prot;hct these children. Mayor Hunt expressed concern about setting a prFcedent by lowering the .peed 11mit on a collector street in relation to building fhorou,hfarps where schools are present in the future. Councilmranber Spaeth stated he felt traffic safety education would tie a better solution than lowering the speed limit. Mrs. Schmid stated the Sunset HiTls PTA is going to institute a safety education rrogram for ;,parents as well as the program they new provide to students at the school. Mayor Hunt asked the Attorney, if the Police Department would have the authority to enforce a 25 rq.p.h, speed limit on Ridgemount Avenue. Attorney Lefler replied this speed limit may be ,enforced if it is on a bicycle lane and speed signs are posted. 0 MOTION was made Oy Councilmember Neils, seconded by Mayor Hunt, to adopt RESOLUTION NO. 79-583, A RESOLUTION DESIGNATING THE NORTHERLY FOUR FEET OF RIDGEMOUNT AVENUE BETWEEN CSAH 61 AND CSA4 73 AS A BICYCLE LANE AND SETTING THE SPEED LIMIT ALONG RIDGEMOUNT AVENUE BETWEEN CSAH 61 AND CSAH 73 AT 25 M.P.H. adding an amendment to reconsider the 25 m.p.h. speed limit at the time the construction of County Road 61 to Highway 12 is completed. Motion carried, three ayes. Councilmember Spaeth voted nay. MOTION was made by Councilmember Spaeth, seconded by Council - member Neils, to adopt RESOLUTION NO. 79-584, A RESOLUTION ESTABLISHING A 25 M.P.H. SPEED 70NE ON PILGRIM LANE BETWEEN 37TH AND 38TH AVENUES NORTU ADJACENT TO PILGRIM LANE ELEMENTARY SCHOOL AND W'HOR IZ ING THE INSTALLATION OF T IMER -ACTUATED LIGHTS ON SUCH SPUD ZONE SIGNS PROVIpING THAT THE I.S.D. 281 SHARE EOUAL0 TN SUCH COSTS. 314- RESOLUTION NO* 79-583 TSI GNAT I . , ;UN' AVENUE BICYCLE LANES AND SPEED LIMITS Item 64 RESOLUTION NU. 79-584 ZONE AT PILGRIM LANE ELEMENTARY SCHOOL AUTHORIZING TIMER - ON SPEED ZONE SIGNS Item 6-J* Regular Council Meeting September 170 1979 Page 315 Motion came ' , &.r a Roll Call vete, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79-585 member Neils, to adopt RESOLUTION N0. 79-5859 A RESOLUTION DECLARING COST TO 5C DECLARING COST TO BE ASSSSED AND ORDERING PREPARATION OF ASSESSFG AND PREPARA - PROPOSED ASSESSMENT IN THE AMOUNT OF $118981' FOR PROJECT TION OF ASSESSMENT NOS. 803 AND 815 - LANCASTER LANE OVERLAY AND TARN LANES. PROJECTS 803 A 815 LANCASTER LANE Motion carried on a Roll Call vote, four ayes. OVERLAY 6 TURN LANES Item 6-K-1* MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79-586 member Neils, to adopt RESOLUTION NO. 794866 A RESOLUTION DECLARING COST TO BE DECLARING COST TO BE ASSESSED PiD ORDERING PREPARATION OF ASSESSED AND PREPARA- PROPOSED ASSESSMENT IN THE AMOLNT OF $2520601 PLUS WATER TION OF ASSESSMENT AREA CHARGES OF $900 PER ACRE FOR PROJECT NOS. 8059 817 AND PROJECTS 805/817/841 841 - 23RD. 25TH AND CHESHIRE LANE. 23RD9 25TH & CHESHIRE Item 6-j -2* Motion carried on a Roll Call vote, four ayes. MOTION was m?1e by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79-587 member Neils, to adopt RESOLUTION NO. 79-587, A RESOLUTION DECLARING DECLARINu COSI TO BE ASSFSSED AND PREPARATION OF ASSESSMENT ASSESSED AND PRE- IN THE AMOUNT OC $5,334 PLUS WATER AREA CHARGES OF $300 PER TION OF ASSESSME. 1/2 ACRE LOT OR $600 PER ACRE. FOR PROJECT N0. 810 - ZACHARY FOR PROJECT 810 LANE WATERMAIN. ZACHARY LANE WATE IN Item 7-K•3* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Co.Amcil- RESOLUTION N0. 79-588 member Neils, to adopt RESOLUTION NO. 79-580, A RESOLUTION IT DECLARING COST Tn 3E CECLARING COST TO BE ASSESSED AND PREPARATION Cr ASSESSMENT ASSESSED Aft PR EPARA- IN THE AMOUNT OF 3800353 PLUS WATER AREA CHARGES OF $300 TION OF ASSESSMENT PER 1/2 ACRE LOT OR $600 PER ACRE FrjR PROJECT N0. 811 - FOR PROJECT 811 LOST LAKE AREA. DISEASED TRE S LOST LAKE AREA on a atoll Call vote, four ayes. Itesa 6 -K -•5A Item 7-X-4* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Sp:-pth, seconded by Council- RESOLUTION N0. 79-589 member Neils, to adopt RESOLUTION N.. 79-589, A RESOLUlTION DECLARING CUSTTU'W' DECLARING COST TO BE ASSESS D AND PREPARATION OF ASSESSMENT ASSESSED ANn PREPARA- IN THE AMOUNT OF $500652 FOR PROJECT N0. 816 - 13TH A'1ENUE TION Or ASSESSMENT STREET OVERLAY. FOR PROJECT 816 13TH AVS. STREET Motion carried on a Roll Call vete, four ayes. OVERLAY - Item 7-K-5* MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79-590 member Neils, to adopt RESOLUIT.ON NO. 79-E90, A RESOLUTION IT DECLARING COST TO 6E ASSES..:© ANI PREPAkATION OF ASSESSMENT ASSESSED AND PRE- FOR REMOVAL OF DISEASED rREE WITHIN THE CITY OF PLYMOUTH TION OF ASSrSSME IN THE AMOUNT OF $109940. FOR REMOVAL OF DISEASED TRE S Motion carried on a atoll Call vote, four ayes. Itesa 6 -K -•5A 315- Regular Council Meeting September 17, 1979 Page 316 MOTION was made by Councilmember Spaeth, seconded by Council- RESOL;1110N N10. 79-591 member Neils, to adopt RESOLUTION N0. 79-5919 A RESOLUTION b ;'R'`i yT TO BF DECLARING COST TO ASSESSED AND ORDERING ASSESSMENT VOR WEED ASSESSED AND ORDERING ERADICATION AND DESTRUCTION CHARGES IN THE AMOUNT 01' AISSESSIMENT FOR WEED 36598.50 ERADICATION AND DES'RUCTION CHARGES Motion carried on a Roll Call vote, four ayes. Itam 6-K-7* MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79492 merber Neils, to adopt RESOLUTION NO. 79493, A RESOLUTION UECLARING COST TO BE DECLARING COST TO BE ASSESSED AND ORDERING PREP4RATION OF ASSESSED AND ORDERING PROPOSED ASSESSMENT FOR DELINQUENT WATER AND SANITARY SEWER ASSESSMENT FOR DELIN- SERVICE CHARGES IN THE AMOUNT OF $669904.58. QUENT 'TATER A SEWER SERV; c CHARGES Mbtion carr it : on a Roll 'Call vote, tour ayes. Item .144* MOTION was mode by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 7N-593 member Neils, to adopt RESOLUTION N0. 79-593, A RESOLUTION b S DECLArING COST TO BE ASSESSED AND ORDERING ASSESSMENT FOR ASSESbLD AND ORDERING STREET LIGHTING IN THE AMOUNT OF $49$24.64. ASSESSMENT FOR STREET LIGHTING Motion carried on a Roll Call vote, four ayes. Item 6-K-9* MOTION was made by Councilmember Spaeth, secondee by Council- RESOLUTION N0. 79-594 member Nei15, to adopt RESOLUTION NO. 79-594, A N, SOLUTION CALLING REARING 011' LLING HEARING ON PROPOSED ASSESSMENT FOR PROJEC i °'n5. ep" PROPOSED ASSESSMENT L 815 - LANCASTER LANE OVERLAY AND TURN LANES FOR PROJECTS 803 & 815 1979 AT 7:30 P.M. LANCASTER LANE OVERLAY b TURN LANES Moti i cArried on a Roll Call vote, four ayes. Item 6-L-1* MOTION was made by Councilmember Spaeth, seconded by Council-. RESOLUTION N0. 79-595 member Neils, to adopt RESOLUTION NO. 79-595, A RESOLUTION .,TVF CALLING HEARING ON 'PROPOSED ASSESSMENT FOR PROJECT NOS. 805, PROPOSED ASSESSMENT 817 AND 841 - 23RD, 25TH AND CHESHIRE LANE FOR OCTOBER 9, PROJECTS 805/817/841 1979 AT 7:30 P.M. 23RD, 25TH b CHESHIRE Item 6-1-2* W4.1on carried on a Roll Call vote, four ayej. MOTION was made by Councilmember Spaeth, seconded by Council- RESOLUTION NO. 79-596 member Neils, to adopt RESOLUTION 1.0. 79-596, A RESOLUTION CALLING HEARING ON CALLING HEARING ON PROPOSED ASSESSMENT FOR PROJECT N0. 810 - PROPOSED ASSESSMENT ZACPAR i LANE WATERMAIN FOR OCTOBrR 9, 1979 AT 7:30 P.M. PROJECT 810 - ZACHARY LANE WATERMAI; Motion carried on a Roll Call vote, four ayes. Item 6-L-3* MOTION was ni;roe by Councilmember Spaeth, seconded by Council- RESOLUTION N0. 79-597 menber Neils, to adopt RESOLUTION NO. 79-597, A RESOLUTION CAELING REARING ON ' CALLING HEARING ON PROPOSED ASSESSMENT FOR PROJECT N0. 811 - PROPOSED ASSESSMENT LOST LAKE AREA FOR OCTOBER 96 1979 AT 7:30 P.M. PROJECT 811 - LOST LAKE AREA Mbtian cdrr,ed on a Roll Call vote, four ayes. Item 6-L-4* 316- Regular Council Meeting September 17, 1979 Page 317 MOTION was made by Councilmember Spaeth, seconded by Council- mw6er Neils, to adopt RESOLUTION NO. 79498, A RESULUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR PROJECT N0. 816 - 13TH AVENUE STREET OVERLAY FOR OCTOBER 96, 1979 AT 7:30 P.M. Mbtion carried on a Roll Call vote. four ayes. MOTION was made by Councilmember Spaeth, seconded by Council - member Veils, to adopt RESOLUTION NO. 79-599. A RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR REMOVAL AN'J DESTRUCTION OF DISEASED TREES FOR OCTOBER 99 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTICN was made by Councilmember Spaeth, seconded by Council. member Neils, to adopt RESOLUTION N0. 79-600, A RESOLUTION CALLING HEADING ON PROPOSED ASSESSMENT FOR WEED ERADICATION AND DESTRUCTION CHARGES FOR OCTOBLr( 99 1979 AT 7:30 P.M. Notion carried on a Roll Call vote. four ayes. MOTION was made by Councilmenber Spaeth. seconded by Council - member Neils, to a;lopt nESOLUTION NO. 79-601, A RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT WAILR AND SANITARY SEWER. SERVICE CHARGES FOR OCTOBER 90 1979 AT 7:30 P. M. Motion carried on a " 11 Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- nember Neils, to adopt RESOLUTION N0* 79-602, A REiOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR 1979 S7.REET LIGHTING FOR OCTOBER 9, 1979 AT 7:30 P.M. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spaeth, seconded by Council- momber Neils, tc, adopt kl'SCL UT ION N0. 79-603, A RES,U!. UT ION 1PPROVING CHANGE ORDER N0. 1 FOR PROJECT 806; PINEVIEW LANE STREET' IMPROVEIIENTS, BY EXTENnING THE COMPLETION GATE TO NO.IEMSER 156 1r,79. Motion carriel on a Roll Cali voce, tour ayes. Mayor Hunt left the table and Arting Mayor Spaeth assumed the cnair. MOTTnN was made by Cnuncilmember Neils, secor ded !)y Council- meomber Davenport, to adopt REST^LUTION NO. 79-604, A RESILUTION APPROVING CHANGE ORDER N0. 3 FOR PROJECT NOS. 801 AND 411 - CONTRACT III - DOWNTOW4 F! YMOUTH UTILITIES ADDI!IG $53.572.50 TO THE PREVIOUS CONTRACT PRICE. 317- RESOLUTION N0. 7 1 98 CALLINGMING ON PROPOSED ASSESSMENT PROJECT 816 - 13TH AVEKUE STREET OVERLAY Item 64 5* RESOLUTION N0. 79-599 PROPOSED ASSESSMENT FOR REMOVAL AND DESTRUCTION OF DISEASED TREES Item 6-L4* RESOLUTION N0. 79400 PROPOSED ASSESSMENT WEED ERADICATION AND DESTRUCTION CHARGES Item t -L-7* RESOLUTION N0. 7601 PROPOSED ASSESSMIff DELINQUENT WATERIMD SEWER SERVICE CHARGES Item 6-L-8* RESOLUTION MOO 79-602 CALLING HEARING ON PROPOSED ASSESSMENT 1979 STREET LIGHTING Item 6-L-9* RESOLUTION N0. 79-603 APPROVING PROJECT N0. 806 PINEV!cW LANE STREETS Iter 6-M-1* RESOLU11I01 N0. 7 04 MANGE UEF PROJECT NOSm A(1'i 91' DOWNI'NN FLY`0UTH UTIL t IES40TRACT I I. Item 6-M-2* n 0 Regular Council Meeting, Sbptember 17, 1979 Page 318 Notion carried on a Roll Call. vote, two ayes. Councilmember Spaeth voted nay. Mwor Hunt resumed the chair. I NOTION was made by Councilmember Sppaeth, seconded'by Council. RESOLUTION N0. 79405 m"er Neils, to adopt RESOLUTION NO. /9405, A RESOLUTION APPROVIRMWW. APPROVING CHANUE ORDER NO. 3 FOR PROJECT NO&, 102, 906 AND PROJECTS 702/gOS/909 903 FERNBROOK LANE, 2JRD AVENUE AND 26TH AVENUE IMPROVEMZNTS, FERNBROOK LANE, 23RD BY ADDING $70,251.50 TO THE PREVIOUS CONTRACT. AVENUE A 26Th AVENUE Iter -l1-3* Notion carried on a Roll Call votes four ayes. MOTION was made by C•vnciimember Spaeth, seconded by Council- RESOLUTION N0. 79406 member Neils, to adopt RESOLUTION N0. 79-606, A RESOLUTION APPROVINW APPROVING CHANGE ORDER N0. 1 FOR PROJECT NOS. 7076 914, 921 PROJECTS 707/014/921 AND 922, SEVFN PONDS, 16TH AVENUE, HADLEY PLACE AND HIGI4IAY AND 922 - SMN PONDS 101 UTILITIES, BY ADDING 626,141 TO THE PREVIOUS CONTRACT Pk ICE. 16TH AVE.. HADLEY PL. 9 HWY. 101 UTILITIES Motion carried on a Roll Call vote, four ayes. item 6-M416 MOTION was made by "ouncilmember Spaeth, seconded by Council- RESOLUTION 110. 79-607 member Neils, to aeopt RESOLUTION N0. 79407, A RESOLUTION Aldi VINO-'CiAAG lrtl- APPROVING CHANCE 0R.1ER Nt'. 2 FOR PROJECT NOS. 707, 9140 921 PROJECTS 701/914/921 AND 9229 SEVEN POND,, 16TH AVENUE, HADLEY PLACE AND HIGHWAY AND 122 - SEVEN PONDS 101 UTILITIES, BY AWING $16,983.50 TO THE PREVIOUS CONTRACT. 16TH t1t: j HADLEY PL. A HWY. 01 UTILITIES Motion carried on a Poll Call vote, four ayes. item 6,.M Mt* MOTION was made by Councilmwnber Spaeth, seconded by Council- RESOLUTION N0. 79-608 member Neils, to adopt RESOLUTION N04 79408, A RESOLUTION REQUEST FTA PAYMENT' AUTHOKIZING PAYMENT ON REQUEST FOR PAYMENT N0. 3 IN THE AMOUNT PROJECT Nii. 812 OF $39,891.33 TO A A K CONSTRUCTION, INC. FOR PROJECT N0. 8121 WELL NO. 54UMPHOUSE WELL N0. 5 - PUMPHOUSE. Item 6•Nalol Motion tarried on a Roll Call vhte, four ayes. MOTION was made by i ounc i l menbei, Spaeth, seconded by Council- RESOLUTU N0. 79409 member Neils, tn adc.pt RESOLUTION NO. 79-609, A RESOLUTION FOR PAYMERT AUTHORIZING PAYMENT ON REQUCST FOR PAYMENT NO, 7 IN THE AMCUNT PROJECTS 804 A 829 OF SZ4,602.67 TO C. W. HOULE LANDSCAPING FOR PROJECT NOS. 804 FERNBROO1 LANE/ AND 829, FERNBROOK LANE AND RIi;GLCREST ADDITION UTILITIES. RIDGCCREST ADON. UTILITIES -Item 6-N-2* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Spa,th, seconded by Council- RESOLVrION N0. /9410 member Neils, to adopt RESOIXION We 794106 A RESOLUTION RE0,UE87_FoRPXYMEWr AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT N0. 4 IN THE AMOUNT PRW CTS e09 A 806 OF $54,476.73 10 NODLAND ASSOCIATES, INC. rOR N1 00FCT NOS. 809 PIKE LAKE A PINEVIEW AND 806, PIKE LAKE AND PINEVIEW LANE UTILITIES. LANE UTILITIES item 6-; 2+ Motion carried on a Roll Call vote, four ayes. ED Regular Council Meeting ptomber 17, E 1979 P;1ge 319 Manager Willis introduced request to purchase combination catch basin cleaner and street sweeper. Engineer Moore explained the operation the proposed piece of equipment. NOTION was made by A:wncilmember Neils, seconded by Council - member Davenport, to adopt RESOLUTION NO. 79411, A RESOLUTION AUTHORIZING THE PURCHASE OFA 1973 ECOLOTEC VACUUM STREET SWEEPER/CATCH BASIN CLEANER FOR $5,000 IN(#'LUGING THE TRADE-IN OF THE EXISTING CITY CATCH BASIN CLEANER AND STREET SWEEPER. Motion carried on a Roll Call vote, three ayes. Councilmember Spaeth voted nay. MOTION was made by "ouncilmember Sppanth, seconded by Council - member Nei 1 s , to adept RESOLUTION N0. 79-6121, A RESOLUTION AUTHORIZING THE Sill OF $150 TO FINANCE THE ATTENDANCE OF THE HUMAN RIGHTS COMMISSION CHAIRPERSON AT THE HUMAN VALUES INSTITUTE. Motion carried on a Roll CaTl vote, four ayes. MISCELLANEOUS Manager Willis reported on the application for a group hone to he located at 2135 Olive Lane North, Candlelight Terrace. Attcrney 0fler stated the use would be allowed if there is nt)t anothe.-1 group home within one-queirter mile or if they do not exceed six persgns. The meeting was adjourned at 10:45 p.m. RESOLUTION hL1. 79URCHASE411 OF CATCH BASIN CLEANER AND STREET SWEEPER Item 6 -0 RESOLUTION N0. 79412 AUTHORIZING 'HUMAN RIOTS COMMISSION CHAIRPERSON TO ATTEND HUMAN VALUES INSTITUTE Item 7-A" OUTREACH GROUP NQ' 319-