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HomeMy WebLinkAboutCity Council Minutes 02-02-1981It l Page 3,. MINUTES REGULAR COUNCIL MEETING February 2, 1981 A regular meeting of the Plymouth City Council was called +:o order by Mayur Davenport at 7:30 p.m. in the Council OChambers of the City Center at 3440 Plymouth Boulevard on February 2. 1981. PRESENT: Mayor Davenport, Councilmembers Hoyt, Neils, Schneider and Threinen, City Manager Willis, Assistant Manager Boyles, Engineer Moore, Planner Trerilere and Attorney Lefler. ABSENT: None, CON!,ENT AGENDA MOT ON was irlide by Councilmember Neils, seconded by Councilmember E'oy+:, to adopt the items on the Consent Agenda with the fol!ewing exceptions: Items 6-A-5. 6-G-19 6-G-3. 6-H, 6--J and 6-M-5. Motion carried cin a Roll Ca I 1 vote, five ayes. MINUTES MOTION was made by Councilmember Neiis, seconded by Councilmember Htyt, to approve the minutes of the Jaiw ary 26. 1981 special Council meeting as submitted. Motion carried on a Roll Call vote, five ayes. Mayor Davenport read a February 8 through 14. in the City of Iymouth co,nmun i ty. proclamation designatinn the week of 1981 as Minnest)ta Jaycees Women Week in honor of their contributions to the P'ET'ITIONS, REQUESTS AND COMMUNICATIONS MOTION wis made by Councilmember Neils, seconded by Councilmember Hoyt, t:, adopt RESOLUTION NO. 81-77, A RCSOLUTION CALLING FOR A PUBLIC HEARING ON A..'ROPOSAL TO UNDERTAKE AND FINANCE. A PROJECT FOR BANNER ENGINECRING CORPORATION UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT ON FEBRUARY ?3, 1981 AT 7:30 P.M. Motion carried on a Roil Call vete, five ayes. MOTION was ma,,e by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-78, A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT FOR DELTAK CORP6RATION UN'JER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT ON FEBRUARY 23, 1,SP1 aT 1:30 P.M. Motion carried on a Roil all vote, five ayes. 33- CONSENT AGENDA Item 4 MINUTES - SPECIAL COUNCIL MEETING JANUARY 26, 19C1 Item 5* MN JAYCEES WOMEN WEEK IN PLYMOUTH RESOLUTION N0. 81-77 ORDERINGPUBLIC HEARING IRB FINANCING rOR BANNER ENGINEERING CORP Item 6-A-1 RE`,OLUTION N0. 81-78 70WRING PU C II NG IR3 FINANCING FOR DELTAK CORPORATION Item 6-A-? Pegular Council Meeting February 2, 1981 Page 34 40TION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N0. 81-799 A RESOLUTION CALLING FOR A PUBLIC HEARING ON WATERMAIV IMPROVEMENTS TO RIDGEMOUNT AVENUE, PROJECT lC4, ON FEBRUARY 17, 1981 AT 7:30 P.M. Motion carried on a Roll Call vote, five ayes. MOTION was made by Cound'Imember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-801, A RESO;.jTION ORr)ERING A PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF 16TH AVENUE IN PLYMOUTH ORCHARDS ADDITION ON MARCi! 2, 1981 AT 7:30 P.M. Motion carried on a Roll Call vote, five ayes. MOTION was rnade by Councilmember Schneider, seconded by Council- memr_ler Neils. to adept RESOLUTION N0, 81-811, A RiESOLUTION ORDERING A PUBLIC HEARING ON THE P0POSEf) V?DATION OF A PORTION OF QUAKER LANE I'1 THE PHEASANT HILLS AT)D i f I Cy ON MARCH 2, 1981 AT 7:30 P.M. Motion curried on a Roll Call vote, five ayes. MOTION was made by Councllmember Schneider, seconded by Council - member Neils, to aunnt RESOLUTION NO. 81-820 A RESOLUTION ORDERING A PUBLIC HEARiNG ON THE PROPOSED VACATION OF THAT PORTION OF WESTWOOD CIRCL`. EAST OF SARATOGA LANE IN THE IVANHOE WOODS ADDITION ON MARCH 2, 1981 AT 1:30 P.M. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Coiincilriember Hoyt, to adopt RESOLUTION N0, 81-339 A RESOLUTION ORDERING A Pt'BLIC HEAR14G ON SHE PROPOSED VACATION CF 15TH AVE., 16TH AVE.. K IRKWOOD LAN. JONQUIL LANE, IVES LANE AN") ! 19TH SIR E' IN BEACON HEIGHTS 2Ni1 AUDITION NOR T4 OF THF_ MINNESOTA WESTERN RAILROAD ON MAPCH 2, 181 AT 1:30 P.M. Motion carried on a Roll Call vote, five ayes. Manager Willis introdu.:ed Malley Land Corporation's request for approval of final plat and development contract for Lost Lake Woods, a plat f 10 single family lots located south of County Road 9 arid cast of Lost Lake. The Manager stated Conditions ? and 5 of the ,resolution approving th= preliminary plat have not hien met and the petitioner has questioned his obligation to nay for the outlet control structure required in Condition 11. Also, uoitil final engineering plans are drawn and approved by DNR, the final elevation of the laKe will not he defined and the minimum floor elevations required by Cord i t i on 2 cannot be (let erg d tied. Manager Willis stared bids wall he let fl)r- public imj.rovE-nents on March G and ;staff u4nes riot. recommend that a building rermit be issued Lfrti 1 that date. 31- RESOLUTION NO. 81 R i Gu 9Mbr1NT A4FNkF WATERMA.IN - PI'OtJECT Itzm 6-A-3* NGI 1041 RESOLUTION N0. 81-80 HG 16TH AVENUE STREET VACATION - 1:LYAG11TH ORCHARDS ADDITI'JN Item 6-A-4* RESOLUTION NO. 81-81 ORDERING PUBLIC HE RING QUAKER LANE STREET VACATION - PHEASANT HILLS ADDITION Item 6-A-5 RESOLUTION N0. 81-82 ORDERING PUBLIC HE WESTWOOD CIRCLE E SARATOGA LANE tiv IVANHOr WOODS AIDI Iterr. 6-A-5 NG OF I RESOLUTION NO s 81-63 ORDERING PUBLIC HEARING STREET VACATIONS IN FUX FOREST ADDITION I".em 6-A-6* F I NAL PLA /-VELCI MENT CONTRACT IOR COST LAKE WOODS (W-956) HALLEY LANE 1:JRP. Ita,n 6-8 n I f Regular Council Meeting February 2. 1981 Page 35 Councilm ember Neils stated although the petitioner has completed the site grading on a timely schedule, there is no precedent for issuing a building permit before the public improvement contract is awarded and the development contract is executed. Council discussed the re- quirement for widening of County Road 9 by construction of accelera- tion/deceleration lanes and bypass lane. Engineer Moore stated the County does not require an acceleration/deceleration lane, but does require a bypass lane with a 50 m.p.h. speed limit on County Road 9. Michael Halle , petitioner, stated 1) the assessment for widening County oa was excessive for 10 homes to bear; 2) the consulting engineer's report stated an open channel would be an acceptable out- let; and 3) he understood a building permit would be isslied on Lot 5 if the site grading was done and there was a reasonable access to the lot other than Trenton Lane. He stated the home on Lot 5 will take 9 months to construct and it will not be ready for occupancy until November, by which time sewer and water will be avai',able. Mayor Davenport stated this circumstance is unique since this lot can be accessed by an alternate route, but, in future matters of this kind, when a developer requests the City to install public improvements, building permits will not be issue -i until t`o public improvement project has been completed or at least is ender contract. Councilmember Neils recalled the problems that occurrei in the Loscheider plat when there was a delay in connecting t) sanitary sewer because of easement acquisition. Councilmember Neils summarized the Council's policy for rea::irements to be met before building permits are issued as f3llrws: i) site grading shall be completed, 2) streets shall be glra,ted; 3) there must be access to the site that will not interfe-E with construc- tion of public improvements; 4) the development contract shall be executed; 5) final pla-L shall be fi ped; and 6) public i,iiprovements shall be under contract... Manager Willis requested Council to further require that public %mprovements be accepted by the City before occupancy permits are issued. Council concurred, Mayor Davenport ;Mated thet 6nnestroo's report does not recommend an outlet to Lcst Lake by open chaonel, but stater that it would `1 possible. Engineer Moore stilteu th,e developer is responsible for providing an outlet for the lace since the grad,ng li, (Ii;-, destroyer the netural outlet of the laky. The EnQineP-e- did nol recommend an open ditch running along County Read 9 s4oce the wat!r di.i not originally run along this road n j it would be a nai,tenan(e ^c l Dennis Marhula, engineer for pet ic;:ner•, stated it was !,is stan3iig tit the outlet to the lake 1, alon; County :0113 9 ano the engineer's report recommended an open itch to frc,v.kjn i.Line. Counci lmeibs:r Neils stated there is a possibility ,, rnmbin-ing open di[;.h anei piping to provide an outlet for the lake, but it is the ueveloper's burden to replace the natural outlet o' the lake. 35•• Regular Council Muting February ?: 1981 Page 36 Mr. Halley stated the storm sewer is a benefit to the whole neighbor- hood and he requested Council t;r consider assessing the etorm sewer project to the drainage district. Council discussed alternatives for providing an outlet to Lost Lake and the location of the natura' outlet of the lake. Mayer DavAnport commented that any drainage Plan proposed must be accepted by DNR. Councilmember Schneider stated he does not agree that the natural outlet to the lake was in the northwest corner of the plat as the developer proposes, MOTION was made by Councilmember lic,yt, seconded by Councilmember RESOLUTION N0. 81-84 Threin n, to adapt RESOLUTION N0. 91-84, A RESOLUTION APPROVING F1 NAL PLAT6 FINAL PLAT All) DEVELO. MENT CONTRA„i• FOR LOST LAKE WOODS FOR DEVELOPMENT CONTRACT HALLEV L.0-! CURPORATION amending Item 2.10 of the development LOST LAKE WOODS (80056) contract by substi ,it;ng the following: Widen County Road 9 by HALLEY LAND CORPORATION construction of a bypass lane on the noi•tN side of the roadway. Item 6-B Motior: carried on a Roll Call vote, five ayes, MOTION was made oy Councilmember rtoyt, seconded 5y Councilmember RESOLUTION N0. 81-85 Threinen, to adopt RESOLUTION N0. 81-85, A RESOLUi1ION SfT"riNG SETTING C NDI INS CONDITIONS PRIOR TO FILING r.,44L PLAT FOR LOST LAKE WOODS FOR FOR FINAL PLAT FOR HALLEY LAND CORPOP.ATION with the addition of Condition 6 stating LOST LAKE WOODS After development contract is executed and final pl.t filed, (80056) Item 3.3 a building permit may be issued for Lot 5 prior to letting con- tra:t for public improvements, however, no occupancy permit will be issued until connectic-, t: sanitary sewer is made." and this shall be reflected in Item 14.3 of the development contract. There was discussion about the feasibility of determining a baseb- ment elevation for the proposed home on Lot 5 before DNR rstablishes a high crater le%,Al for Lost Lake. It was the consensus of the Coun- cil that the 'ng i neeri ng Depart:mt. at may set a conservative elevation to allow a hu;lding permit to be issued for Lot 5 at this time, MOTION TO AMEN. was made by Coun;ilmember Neils, seconded by Cot rci imemher 'loyt, by adlin5 Condition 7 stating "Issuance of a building peri-dt cn Los 5 shall be dependent upon developer's providing acc,e-; to the lot by private drive and not by way of the public street right-uf-way in the plat- in which public im. provements ar•e 0 br. installed.'' Motion to aprend carried, five ayes, Motion to ,adopt Resolution N). 81-85, as amended, carried on a Roll Call vote, five ayes. i 3a- r i Regular February Page 37 Council Meeting 2, 1981 MOTION was made by Councilmember SchneiJer, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 8i-86, A RESOLUTION ORDERING STREET AND UTILITY IMPROVEMENTS FOR LJST LAKE WOODS ADDITI3N, PROJECT NO. 112 amending Condition 1 by deleting the words an acceleration/der.eieration lane an the south side and." Mr. Marhula reolaested Council to consider subsidizing the over - sizing of the storm sewer from points A to B on the engineer's map as a 'Trunk sewer, Engineering Moore stated since the deve- loper's grading obliterated the natural drainage, he is required to provide an outlet. Mr. Marhula replied he does not believe the drainage of the plat has obliterated the outlet of the lake. He suggested the outlet could be duplicated by a swale along County Road 9 in the location that storm sewer pipe is shown at a minimal cost. He stated the installation of a control structure and piping is a benefit to the entire development and would not be an equitable or fair assessment against the future owners of these 10 homes. Mr. Halley stated there is an open swale prividing drainage now and they simply propose to move it to run along County Road 9. RESOLUTION N0. 81-86 ORDERING PROJCC T 112 STRE7T b UTILITIES LOST LAKE WOODS ADDN, Item 6-H Councilmember Neils stated the natural outlet did not ,permit the lake to become unreasonably low nes• tj damage property by letting the lake yrs tcm. high. The developer's site grading has interfered wit'i the natural drainway and it must be replaced by the developer. ouncilmember Schneider concurred. Council discussed alternatives of open ditch and piping to provide an outlet to the lake. Enginer Moore stated it has been the policy of the Cite to install drainage pipe%; underground through urban -type developmeits in consideration of maintenance and aesthetic values of the subdivision. Council - member Neils stated the matter s;;ould be referred to the Assessment Committee to consider if there should be soine cost sharing for the o,atlet. Engineer Moore statec this will delay the project until March Manager Willis recommended proceeding with the adoption of the reso- lution ordering the public improvements, but to delay ev,ecution of the development contract until a recommendation is made by the Assessment Committee on the cost of the storm sewer. He stated this will take one week to ten days. Motion to aftit Resolution No. 81-86, as amended, carried on a Roll Call vota, five ayes. MOTION w;t ,Wade by Councilmember Schneider, seconded by member Ayt, to adopt RESOLUTION N0. 81-87, A RESOLUTION AD[Ql'N"Y OF PETITION AND ORDERING PREPARATION OF R! -PORT STREF7 ' IGHTING FOR LOST LAKE WOOD"' ADDITION. Motion carried on a Roll Call vote, `our ayf_,s. Neils abstained. 37- Council - nu LARING FOR Cou nc i I nomber RESOLUTION N0, 81-87 ACCs PT PFS TT1ON & ORDERING REPORT FOR STRErT LIGHTING LOST LAE'E WOO1)S ADDN. Item 6-J i Regu',!r Council Meeting February 2, 1981 Page 38 Aanager Willis reviewed request of Parklands Development for ap- oroval of RPUD concept plan, preliminary plot, rezoning and con- ditional use permit for Deerv000l Meadows III for 116 single family detached dwelling units loc;.°ed on Zachary lane and 48th Avenue A. Tl!e Manager noted the soWoern portion of the plat contains land dedicated for Zachary Par'. and density above that required for park delication and density f r that. laid is alloc:.ted to the balance of Fran Hagen, engineer for petitioner, stated tte developer is con- sidering the concept of sa:a'lp-r '-its in exchange for the transfer of 'and in the so.thern portinn o: the plat PNr Zachary Park. lie stated they have propo;ed larger lots adjacent to existing; homes and the Deerwood Hill; plat. Mr. Eagen reviewed the calculation that was used for park dedication in the plat. RPUD CONCEPT PLAN/ PRELIMINARY PIAT/ CONDITIONAL U`.;E PER DEERWOOD MEADOWS III PARKLANDS DEVELOPMENT A-784) Item 5-C plat. Councilmenber Schneider stated he was nit opposed to smaller lots if there were some natural areas left open within the plat, but he felt the open space requirement of the PUD ordinance was not being met by this proposal. Councilmember Neils asked how many extra units the density transfer resulted in. Mr. liagen replied 24 units. Councilmenber Threinen stated the Planning Commission and PRAC have recommended the transfer of land dedication and recommended the plat for approval according to their interpretation of the RPUJ Ordinance. Mayor Davenport agreed the plat has teen developed in accordance with the City's RPUC Ord nance, and if there is some question about the re- quirements of the RPUD Ordinance, the Council should discuss it at a study session. Coun:ilmember Schneider objected to the interpretation of the RPUD Ordinanance in this instance and in several other plats which were approved -n the past year. MOTION was made by Cou nci1mer,ber Threinen, seconded by Council - member Hoyt, to adop-: RESOLUTION N0, 81-889 A RESOLUTION APPROVING CONCEPT PLAN, 'RELiM;NARY PLAT AND CONDITIONAL USE PERMIT FOR OEERWOOD MEADOWS IiI RPUD FOR PARKLANDS DEVELOPMENT amending Condition 14 by adding the words "to he submitted at the sub- mission of final plat." Motion carried on a Roll Call vote, five ayes. Council recessed from 9:1(1 h.m. to q:25 p.m. i RESOLUTION NO. 81-88 APPROVING C E-7—FE AN PRELIMINARY PLAT & CLIP DEERWOOD MEADOWS III RPUD (A-184) Item 6-C Mayor Davenport presented Att.arney Lefler with a silver howl in PRESENTATION - honor of his (20 0 anniversary of service as the City Attorney. HERBERT P. LEFLER, SR, Mayor Davenpor*: introduced Prudential's request for approval of MPUfI Concept Plan for the Northwest Business Campus in the north- east quadrant of •tighway 55 and 1-494. Manager Willis reviewed the reconrnendations of the Planning Connnission and noted the is- suas yet to he resolved in the traffic plan regarding 1) exten- sion of County Roid 61 north to County Road Q; 2) construction of senium Lane no't'e of the (levelopmenL and 3) intersection of County Road hl ana 264-h 4venue. 38- MPUD CONCEPT PLAN NORTHWFST BUSINESS CAMPUS - PRUDENTIAL INSURANCE COMPANY 50062) Regular Council Meeting February 2. 1981 Page 39 Dickman Knutson, representing the petitioner, stated Prudential's agree- ment with uns ngwear requires an additional investment in the property by February 12. Mr. Knutson stated since the total investment for Phase I of the development will amount to $5,500,000, Prudential is concerned about proceeding with development of the plat if they are not able to acquire building permits until County Road 61 is constructed. He re- viewed the results of a canvass of 162 employees at the Carlson and Knutson buildings in the the area which showed the traffic directions of incoming and outgoing traffic. Mr. Knutson contended that if Xenium Lane is not improved, it will not be used since at the present time no one is using this route. He stated it was their opinion the proposed layout for 26th Avenue and Xenium lane, in relation to Highway 55, will take care of the increased traffic without construction of County Road 61. Engineer Moore showed how peak hour traffic would be handled with the proposed plan. Mr. Knutson stated they objected to the County's requirement to move the intersection of 26th and Xenium Lane further to the northeast since the sanitary sewer line that bisects the plat limits the development of that portion of the plat east of County Road 61. Mr. Knutson noted another point of contention with the County and City staffs is the amount of corb cuts allowed on County Road 61. He showed a revised graphic and explained Prudential is asking for one driveway access opposite 28th Avenue, one ac- cess both sides of County Road 61 somewhere between 25th and 28th Avenutis, and two curb cuts between 28th and the northeast corner of the plat; these drivewyas would be at minimum 500 ft. intervals, which is consistent with development in the City. Mr. Knutson proposed the property to the east can- not be developed without at least these curb cuts noted. Mayor Davenport responded Council is willing to consider curb cuts along County Road 61, but they cannot finalize the locations before the traffic anal%sis is completed or site plans are developed. Mr. Knutson agreed to tie down the location of the medians if they are required, also at the time of site plan approval. Manager Willis Mated if Council approves the Concept Plan, with a require- ment for additional traffic studies to determine what type of access and where it is needed on County Road 61, he could support some curb cuts on County Road 61 but cannot commit to specific locations. Mr. Knutson requested that Council oostpone development of Xenium Lane from the ens! of Phase I of the plat to County Road 9 by public improve- ment project till some time in the future. At that time, the parcels in their of at would pay their f-roport i onat.e share of the costs. Council fi?;cussed the propospi construction of County Road 61 and con- sidered whether tax increment finahcing could be utilizt-d for this: pro- ject. Attorney Lefler commented s-'nce this is a county road, Hennepin County must he consulted before tar 'ncrement financing is considered. Councilmember Neils stated other alternatives for financing were ad valorem funds or MSA Funds, Councilmember Th reinen commented we have resources to fund construction of .ounty Road 61 1 the City wants this development there. Councilmember Neils noted the scale of the development proposed under single ownership eliminates the potential for a hodge podge of traffic and develop- ment that may result from piecemeal development of the property and justific, the City's assum-Ing some risk to facilitate this proposal. 39 Regular Council Meeting February 2, 1981 Page 40 MOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adopt RESOLUTION 10. 81-890 A RESOLUTION APPROVING M.P.U.D. CONCEPT PLAN FOR NORTHWEST BUSINESS CAMPUS FOR PRUDENTIAL INSURANCE COMPANY At HIGHWAY 55 AND I-494. MOTION TO AMEND was made by Councilmember Hoyt, seconded by Councilmember Threinen, by deleting Condition 15 which requires construction of C.R. 61 to be under contract before building permits are issued within the development. Motion to amend carried, five ayes. MOTION 'f0 AMEND was made by Councilmember Thre-l'nen, seconded by Counci 1, eember Neils, by deleting the first sentience of Condition 14 ani s,:5stituting the following: "Curb cuts to County Road 61, not to rAceed five, shall be allowed in the v4cinity between Xenium Lane and the northern boundary of the plat. Finai deter- mination wil' he made with the site plan approval." Motion to amend carried, five ayes. M01ION TO AMcND was made member Hoyt, by deleting before Suilding permits the word "required." RESCLUTION Nr). 81-8 PPR V1 0tf 11D CON PLAN F0* ''j:;2 i HWEST BUSINES`)' CAMPUS PRUDENTIAL I"SURANCE CO. 18006) Item 6-0 by Councilmember Neils, sec•mded by Council - from Condition 16 the words "under contract are issued within the development," and addiig Motion to amend carried, f:,E :;yes. kichard H. Lce, attorney or if' ,1eins, referrJd to his 'otter of January 6, 91 outlin,.-.g cond Jons Mr. HP4rs would lip.e placed on the Northwest Business Campu:- plat as it concerns his property. Mr. Lee pointed out W. Heins property with three buildings facing to the west, explain ig Mr. Heins objc:ted to the proposed develop- ment of the road on the east of his par:el sincc he there is a rold serving his parcel on the west ind he floes not need two rods. Mr. Lee stated his client is requesting the City to acquire the the right-of-way for the road on the went and turn it ever to him giving him access to his property by gray of private drive on the west. arth one access on the soutieast r3rner of his plat. Further, since his plat is not within the concer-t area, he would like to see the impr-.vements to the east taken on by the developer. Mr. Lee proposed if the road is built on the east of the plat, it will damage the pro,jerty since it accesses presently to the west. Further, they will accept only the assessment for blacktop and storm sewer on the west sincc they do not need the proposPki road to thu east. Councilmember Neils encouraged Mr. Heins to t;nderl.ake some discussion with t ie parties involved for some k i n(' of area exchange so he ends up with a inure viable piece of property for development. Mr. Lee stated they have explored this possibility with the developer but have not been able to reach an agreement. He noted these houses have heQn on the property for as long as •7_0 years, and if there was an economical way of selling the land and moving the housQ and business it would he considered. Mr. Lee stated if this developmer l. ,affects the market value of this prop%arty, Mr. Heins will have other re -curse. 40- t r e Regular Council Meeting February 2, 1981 Page 41 Councilmember Schneider commented on the petitions's concern about the open space required in the northeast, corner of the plat, stating since no density credit is being given nor park dedication, he would direct the Planning Commission to hold a public hearing to consider a land use change at the petitioner's request. Manager Willis replied it is not a good piece of land for a park shite it is flood plain. Councilmember Neils suggested the flood plain area is being used for appropriate transition to the lowland between the subject. development and the residential area to the north, and that was why the Crit ncil guided it public/semi-oublic. Mayr,r- Davenport re`er'red.to the proposed trail corridor, stating there shoul be enough distance to provide for beaming, but he wuld entertain rear yard setback va-riances to bring the trail closer to the industrial development and keeping it away from residences. Council discussed the controversy of placing trails near the backyards cif residences and Council - member Neils stated there must be setback criteria, if trails are to be placed on backyards. MOTION TO AMEND was made by Councilmember Neils, secor:;eu by Council - member Threinen, by addin:; th' follctving statement to Condition 13: It is the intent that the in*arsection of 26th A%enue with Co!•,rrty Road 61 be moved northeast ip)roximhtely 100 feet further from Highway 55 than shown on the concep- )lan. Motion to amend carried, F;v? aycy. Motion to adopt Resolutio No. 81-89, as amended, carried on a Roll Call vote, five ayes. Mayor Davenport i nqu i ,•ed %,.iat the market value of the project is? Mr. Ferro of Prudential required at today's value it builds out in 6-10 years at $75 -$ICJ million, Councilmember Neils askcrd the Attorney what the City's liability would be in the event tl-e exception parcel with direct access to Highway 55 is prevented from accessing onto highway 55 and pro- vided with an alternate access. Attorney Lefler replied the Ci'ly might be involved toi t n an inverse r;onden;nati on proceeding. MOTION was made by CGunc.i lrnember Schneider, seconded by Council - member Neils, to c i rest the Planning Conani s.Jon to enterta i n a petition from Prudential to hold o public for reguidi ig the northwest corer of the plat. rrom Ni.bli,.;semi-pul U. ana to consider Councilmember Neils' and Schnk ;dor's comments %.th re- spect to transition and use. Motion carried, five ayes. MOTION was made by Counc;liember Neils, secondee, by Council - member Hoyt, to adopt RESOLI!TtON N0.81-90, A RISOLUTION APPROVING CONDITIONAL USE PERMIT RENFWAL FnR PAH -O -GOLD BAKING COMPANY FOR A RETAIL BAKERY THRIFT STORE AT RANO HVIEW LANE AND STATE HIGHWAY 55 (79016). Motion carries on a Roll Call vote, five ayes. 41- RESOLUriON NO. 31-90 APPR0VI Wt: 1501 FMUL USE FER'!IT FOR PAN -O -GOLD BAKING CO. 79076) Item 6-E-1* Regular Council Meeting February 2, 1981 Page 42 MOTION was made by Councilmember Neils, seconded by Council- RESOLUTIOi; NO. 81- member Hoyt, to adopt RESOLUTION NO. 81-91, A RESOLUTION AP- APPROVING C_NDITIO PROVING CONDITIONAL USE PERMIT FOR NAEGELE OUTDOOR ADVERTISING USE. PERMIT FOR NAE COMPANY FOR AN ADVERTISING SIGN LOCATED AT I-494 AND COUNTY OUTDOOR ADVERTISING CO. ROAD 9. FOR SIGN AT I -4n4 AND C.R. 9 (80063) Motion carried on a Roll Call vote, five ayes. Item 6-E-2* Mayor Davenport introduced Lundgren Bros.' petition for public PETITION FOR PUBLIC improvements in Wind Ridge at Bass Lake 3rd Addition to be in. IMPROVEMENTS FOR cluded in the 1981 C.I.P. WIND RIDGE AT BASS LAKE 3RD ADDITION Sherman Goldberg, representing Lundgren Bros., stated they would item 6-F like to o t e work the+nselves, but because of present market con- ditions, financing is not mailable. Mr. Goldberg proposed if the City uses their plans and specifications, which are available, the oily cost to the City woul0 be for a6e:rt i s i ng for bids. Manager Willis questioned the feasibility of accepting plans pre- pared by private engineers and puttinc, them out for public bid. Consulting Engineer Olsor, responded this same procedure was fol- lowed in Fox Glen, in which case Bonestroo redrew the plans dnd resigned them and became responsible for the plans throughout to assume the legal responsibility. Mr. Olson stated this process could be duplicated for Wind Ridge 3rd Addition. Mr. Goldberg agreed this would be acceptable. Mayor Davenport asked Council to consider some flexibility ir, i_he City's policy for a deadline for accepting petitions for public improvements in lieu of the current economy. He stated deviations from the policy may be considered subject to: 1; the size of the project, 2) timing which would allow it to be included in the public bond sale, and 3) the status of any easements that need to be acquired. MOTION was made by Councilmember Hoyt, seconded by Councilmember RESOLUTION N0. 81-92 Neils, to adopt RESOLUTION NO. 81-92, A RESOLUTION ORDERING ORDERING PUBLIC PUBLIC IMPROVEMENTS FOR WIND RIDGE 3RD ADDITION. IMPROVEMENTS FOR rIND RIDGE 3RD ADDN. Notion carried nn a Roll Call vote, five ayes. Item 6-F Engineer Moore stated he does not recommend holding up the City's i,ublic improvement project to include this project, but proposes it will be ii separate hid although it will incorporated with our hor;d sale. MCTII!N was made by Councilmember Hoyt, seconded by Co+inc i lmember RESOL';TION N0. 81-93 memo r Schneider, to adopt RESOLUTION N0. 81-93, A RESOLUTION TPT5E4ING t1ND REDO TION APPR''VING REDUCTION OF SITE PERFORMANCE GUkRANTEE FROM VANTAGE WEST POINT BUSINES. R. COMPANY FOR WEST POINT BUSINESS CEN'ER TO THE AMOUNT OF $37,500 FOR VANTAGE COMPAN TO REFLECT THE COMPLETED WORK. (4-781) Item 6 -G - Motion carried on a Roll Call vote, five ayes. 42- Regular Council Meeting February 2, 1981 Page 43 LOTION was made by Councilmember Hoyt, seconded by Councilmember Schneider, to adopt RESOLUTION NO, 81-9311, A RESOLUTION AUTHORIZ- ING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR PLYMOUTH SERVICE CENTER FOR VANTAGE C11MPANY TO $109000 TO REFLECT THE COMPLETED WORK, Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilaiamber Hoyt, to adopt RESOLUTION NO. 81-94, A RESOLUTION APPROVING RELEASE OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR T'iE MAPLE GROVE MALL. Motion carried on a Roll Call vote, five iyes. MOTION was made by Councilmember Hoyt, seconded by Counci l,lember Neils, to adopt RESOLUTION NO, 81-95, A RESOLUTION( APPROVING RELEASE OF SITE IMPROVEMENT BOND FOR C'RCLE STAR WAREHOUSE. Motion carried on a Roll Cali vote, five ayes. MOTION was made by Councilmember 'veils, seconded by Councilmember lloyt, to adopt RESOLUTION NO, 81-96, A RESOLUTION ORDERING PRE- PARATION OF PRELIMINARY REPORT FOR STREET IMPROVEMENTS ON PILGRIM LANE FROM 26TH AVENUE TO NATHAN LANs, Motion carried on a Roll Call vete, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-97, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PUMo AND CONTROLS FOR WELL NO. 6, PROJECT N(1, 012. Motion carried on a Roll Call vote, Iive ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-98, A RESOLUTION AP.1RJVIP'; PLANS AND SPECIFICATIONS AND ORDERING ADVFRTISEMENT FOR BIDS FOR 19SO T; OF SANITARY SEWERS, P,cC IECT NO, .]It Nation carried on a Roll Call vote, five ayes% MPm I ON wa s made by Counc i 1 meri,her Neils, seconded by Counc i 1 memher lioyt, to adopt RESOLUTION NO. ,;1-99, A RESOLUTION APPROVING CWANGE. ORDER NO, 2 FOP PROJECT 017, GRADING CONTRACT FOR COM- NIUNITY PL.AYFiEIDS, BY ADDING $2.,349 TO THE CXISTiNG CONTRACT P110E 01' $130,11416 notion carried on a Roll Call vote, five ayes, wTION was made by Councilmemher Neils, seconded by rouncilmemher Hoyt to adopt RFSOLUT1w; NC, 31-100, A RESOLUTION APPROVING HANGS' ORDER NO, 3 FOR PROJECT 017, iITILITIES CONTRACT FOR COM- 14UNITY PLAYFIFLDS, BY OFDIICTiN(.,' $299 FROM THE EXISTING CONTRACT PRICE OF $92,636. 43- RESOLUTION NO, 91-93A 1 APPROVING BOND REDUCTION PLYMOUTH SERVICE CENTER FOR VANTAGE COMPANY A-781) item 6-G-1 RESOLUTION N0. 81-94 APPROVING BOND RiLEASE MAPLE GROVE MALL A-528) Item 6-G-2* FESOLUTION N0. 81-95 APPROVING BOND RELEASE CIRCLE STAR WAREHOUSE A-790) Item 6-G-3 RESOLUTION N0. 81-96 ORDERING PRELIM. REPORT PILGRIM LANE SOUTH OF 26TH AVENUE Item 6-I* RESOLUTION NO, 81-97 APPROVING PLANS 8 SPECS ORDERING AUV, FOR 9I01z PROJErT 012 - PUMP 8 CONTR('. FCR WELL NO, 6 Item E1 -K-1* RESOLIIT'ON NO, 61-90 4PPROV ING PLANS h SPECS ORDERING ADV, FOR BIDS 1980 SANITARY SEWER T4 PROJECT 111 Ieem 6--K-2* RESOI.U'TION NO, 81-99 ThROVING CHANGE ORDER PROJECT Oil - COMMUNITY PLAYF i ELi'S GRAiI I NG CONTRACT - SCHEDULE A item 6-L-1* RESOLUTiON N0. 81--100 APPROVING CH GE (JR DER PROJECT 017 - COMMUNITY PLAYFIFLDS UTILITIES CONTRACT - SCHEDULE B Regular Council Meeting February 2, 1981 Page 44 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt "ESOLUTION NO. 81-1010 A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT N0o 1 IN THE AMOUNT OF $9,080.10 TO LEE'S LANDSCAPING AND NURSERY FOR PROJECT 017, COMMUNITY PLAYFIELDS, SCHEDULE E. PHASE II. Motion carried or a Roll Call vote, five ayes. MOTIDN was made by Councilmember Neils, Hoyt, to adopt RESOLUTION NO. 81-102, A PAYMENT ON REUj'CT FOR PAYMENT NO, 6 IN TO HOFFMAN ELECTRIC COMPANY FOR PROJ.CT SCHEDULE D30 seconded by Councilmember RESOLUTION AUTHORIZING THE AMOUNT OF $246254.15 017, COMMUNITY PLAYFIELDS, Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, Hoyt, to adopt RESOLUTIOW NO. 81-103, A PAYMENT ON REQUEST FOR PAYMENT NO, 6 IN TO HOFFMAN ELECTRIC COMPANY FOR PROJECT S HEDULE D4o seconded by Councilmember RESOLUTION AUTHORIZING THE AMOUNT OF $13,563.58 017, COMMUNi'Y PLAYFIELDS, Motion carried on a Roll Call jote, five ayes. MOTION was %de by Councilmember Neils, se:orded by CounCi1namber Hoyt, to t RESOLUTION N0, 81-104, A RESOLU'IO,% AL1140RIZIPIG PAYMENT ON REQUEST FOR PAYME!IT NO. 1 IN THE AMOUNT 0 $431,458.86 TO DAWSON CONSTRUCTION COMPANY FOR PROJECT NO. 008, PIKE LAS%V AREA -RUNK SEWER, PART 1. Motion carried on a Roll Call vote, `ive ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 8!-105, A RESOLUTION AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT HO. 4 AND FINAL TO AMERICAN CONTRACTING CORPORATION FOR PROJECT "10. 925-001., FOX GLEN II UTILITIES. Mot,ori carried on a Roll C,:ll vote, five ayes. MOTION wa. made by Councilmember Neils, seconded by Councilmembc,- Sciineider, t,) adopt RESOLUTION NO. h1-106, A RESOLUTION AWARDING THE 1981 CONTRACT FOR DISEASED TREE HAULING AND STUMP REMOVAL TO GREEN ACRES TREF SE:?VICE. Motion carried on a Roll Cali rote, five ayes. MOTION was made by Councilmember Schneider, seconled by Council - member Neils, to adopt RESULUTION N0, 81-107, A RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE CONTRACT WITH DEIGN CONSORTIUM FOR DESIGN AND CONSTRUCTION OF MISSION, TIMBER DESIGN AND CONSTRUCTION OF MISSION,, TIMBER SHORES, AND SCHMIDT LAKE PARKS IN THE 1981 CONSTRUCTIoN SEASON IN AN AMOUNT NOT TO EXCEED $17,237. RESOLUTION N0. 81 - REQUEST F R PAYMENT PROJECT N0. 017 COMMUNITif PLAYFIELDS SCHEDULE E - PHASE II Item 6-M-1* RESOLUTION N0. 81-102 R Ut.STFS E T -- PROJECT NO. U17 COMMUNITY PLAYFIELDS SCHEDULE D3 Item 6-M-2* R=SOLUTION N0. 81-103 REQUEST FM PAYMENT, PR OJE C I N0. 017 COMMUNITY PLAYFIELDS SCHEDULE D4 Item 6-M-3* RESCLUTION N0. 81 - REQUEST FOR PAYMENT PROJECT N0. U08 PIKE LAKE AREA TRUNK SEWER, PART I Item 6-M-4* RESOLUTION N0. 81-105 REQUEST FOR PAYMENT PROJECT N0. 925-001 FOX GLEN 11 UTILA TIES Item 6-M-5 RESOLUTION N0. 81-106 7CWAR6 TR7C7-TFR DISEASE) TREE HAULING Item 6-N RESOLUTION N0. 81-. t ROVI1 WITH PARK PLANNING CONSULTANT FOR 3 PARKS Item 6-0 j Regular Wonc i l Meeting February 2. 1981 Page 45 4otion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Mayor Davenport, to adopt RESOLUTION N0. 81-1086 A RESOLUTION REQUESTING CONVEYANCE OF THE FOLLOWING TAX FORFEIT PARCEL TO THE CITY OF PLYMOUTH FOR PUBLIC USE: PIN 024.-M-22-14-0004. Kition carried on a Roll Call vote, five ayes. MOT'ON was made by Cnuncilmember Neils, seconded by Mayor Davenport, to adopt RESOL'Ui161: NO. 81-109, A RESOLUTION AUTHORIZ11C THE PUBLIC SALE OF THE FOLLOWING TAX FORFEIT PARCELS FOR NONPAYMENT OF REAL ESTATE TAXES: PIN 029-118- 22-22-0051. N34-118-22-42-0018. AND #23-118-22-34-006G. Motion carried on a Roll Call vote, five ayes. MOTiON was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N0. 81-1109 A RESOLUTION APPROVING PE! OLE, -:S, SOLICITORS AND TRANS;,:NT MERCHANTS LICENSE FOR TAMAS NnRE KOVACS TO SELL HOUSEWARE ITEMS FROM A VAN OR TRUCK FOR A PERIOD TO EXPIRE OrCEMBER 31, 1981. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION was made by Councilmember Hoyt, seconded by Neils, to reappoint the following Cornission member year terms, expiring January 31. 1984, to the Human and Recreation Advisory. and Planning Commissions, year terms, expiring January 31, 1983, to the Bard Adjustments: Connie Scott Barbara Edwards Lawrence Larson Allen Hatfield Richard K. Keck Al Zeman Human Rights Commission Park A Recreation Advisory Planning Commission Board of Zoning Board of Zoning Board of Zoning Motion carried, five ayes. MOTION was made by Councilmember Neils, seconded Schneider, to appoint Gerald Kloss to the Human for a three-year term expiring January 31, 1984. Motion carried, five ayes. 45- Councilmember s for three - Rights, Park and for two - of Zoning Commission by Councilmember Rights Commission RESOLUTION N0. 81-108 REQUESTING CONVEY N E OF TAX FORFEIT PARCEL TO CITY FOR PUBLIC USE Item 6-P RESOLUTION N0. 81-109 AUTHORIZING E OF TAX FORFEIT PARCELS Item 6-P RESOLUTION NU. 0!-110 APPROVING PEDDLERS, TRANSIENT MERCHANTS LICENSE FOR T. KOVAC S Item 6-Q+ 1981 REAPPOINTMENTS TO BOARDS 8 COMMISSIONS Item 1-A Regular Council Meeting February 2, 1981 Page 46 MISCELLANEOUS Mayor Davenport read a letter from Mr. Don ?yron questioning the assignment of costs for Project No. 104. Attorney Lefler stated if yr. Myron wishes to extend the benefit of the street, another public hearing must be held. Manager Willis stated the Council has ordered final plans and specifications for Project 104 sub- ect to execution of the development contract. The Attornmy advised the City may proceed with the improvement projEc%,, once ttie development contract is executed. layor Davenport, confirmed the appointment of Betty Th re',; nen as Vice Chair of PRAC ani' of Paul Steigerwald as Vice Chair of the Planning Commission. Mayor Davenport announced that Councilmember Threinen was O norea 1930 JAYCEES AWARDS as Plymouth's Outstandinq Citizen in 19PO by the Plymouth -Wayzata Jaycees and Darrell Anderson of the Police Department and Pon Lymer of the Fire Departmt.n:: were honored as Outs'.anding Pol iceindn and F`, reman in 1980. Councilmenit-Prs Schneider and Threinen comnit to consider the concerns of for re-. i _-w y the Council and Planning mee i ny schedu, 2d for February 18. The meet'$ng adjourned at 11:30 p.m. were app9inted as a the Ci';y's RPUC Ord Commission at tn,ii r 46- tub - lance joint PROJECT N0. 104 IJ COMMISSION APPOINTMENTS 1580 JAYCE:.S AWARDS RPUD ORDINANCE