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HomeMy WebLinkAboutCity Council Minutes 05-04-1981I1 Page 123 A regular meeting of the Neils at 7:30 p.m. in the Boulevard on May 4, 1981. MINUTES REGULAR COUNCIL MEETING May 4, 1981 Plymouth City Council was called to order by Acting Mayor Council i;hambers of the City Center at 3400 Plymouth PRESENT: Acting Mayor Neils, Councilmembers Schneider and Threinen, City Manager Willis, Assistant Manager Boyles, Engineer Moore, Planner Tremere, Finance Director Ricker and Attorney Lefler. Mayor Davenport arrived .it 8:5D p.m. ABSENT: Councilmember Hoyt. CONSENT AGENDA HOTlnN wac made by Councilmember Scl.ael ler, seconded by Council- CONSENT AGENDA member Threinen, to adopt the items on k"he consent agenda with Item 4 the exception of 8-I. Motion carried on a Roll Call vote, three eyes. MINUTES MOTION was made by Counc i lme4nber Schneider, seconded 5y Council- MINUTES - SPECIAL member Threinero,, to approve the minutes of the April 27, 1981 COUNCIL MEETING special Council meeting as submitted. APRIL 27, 1981 Item 5* Motion carried on a Ro'll Call vote, three ayes. 1981 GENERAL OBLIGATION IMPROVEMENT BOND SALE Acting Mayor Neils announced that the meeting was convened for the consideration of the bids which had been rece,ved for the purchase of $2,625,000 General Obligation Improvement Bonds of 1981, as advertised for sale. The City Clerk presented affidavits showing publication of notice of sale in the official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk presented the sealed bids which had been received prior to the time specified in the notice of sale, which were then opened dnd tabulated. The bids were as follows: Net interest Cost A Rate Bancnorthwest, Dain Bosworth, Inc., $1,588,415.00 and First. National Bank of St. Paul 9.5439% Piper, Jaffray R Hopwood, Inc., $116291463.50 Allison Williams Company 9.1902% 123- 1981 G.O. Item 6 Price BOND SALE S215931000.00 2959P,105.?5 Regular Council Meeting May 4, 1981 Page 124 Philip Chenoweth, representing Ehlers and Associates, Inc., reportzu on t e current condition of t`ie bond market commenting that the econorW points toward even higher interest rates until the end of the year, and advised Couri:ll to award the bid for the 1981 General Obligation Bonds tc '.he low bidder tonight. MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, to adopt RESOLUTION NO. 81-278, H RESOLUTION AWARDING THE SALE OF $2,625,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1981 TO BANCNORTHWEST, MINNEAPOLIS, MINNESOTA AT A PRICE OF $2,598,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY: AND PROVIDING FON. THEIR PA`!MENT, Motion carried on a Roll Call vote, three ayes. PUBLIC HEARINGS A. Street Vacation - 26th Avenue west of Fernbrook Lane Acting Mayor Neils opened the public hearing at 7:45 p,m. RESOLUTION Nfl, 81-278 AWARDING SALE OF BT GENERAL OBLIGATION IMPROVEMENT BONDS Item 6 E_.rry Hauer, representing petitioner, stated the original purpose of 26th Avenue was to secure access to three houses which were located on the proposed Mrgney Addition block 1, lot 2. These houses no longer exist and the street is not needed and should be vacated. He stated future development on lot 2 would be restricted to access on 27th Avenue North, Mr. Hauer suggeQ ed Council defer Lonsideration of this vaca- tion until after their review of the Magney ,Addition preliminary plat later in the evening. PUBLIC HEARING STREET VACATION Item 7-A Mark Manderfe_ld, attorney for Marvin and Judith Ilerwig, stated his cents, w r-e the owners of Parcel 4 to the north of the site, do not object to the proposed rezoning for the Magney Addition, but thAv are afraid of losing access to their property and ask that Council deter the street vacation until the recoimnendation of the Planning Coinrission is met and a permanent joint access agreement between the two parties is provided. He stat.ed thA Herwig's are currently rising this street as the sole ecces; ':o their property. Emu ene Berthiaume, Rockford, Minnesota. stated he owns th;: parcel adjacent to the Ilerwig's property and objects to the proposed street vacation since it would take away access to his lct and the Herwig's. Ile stated they purchased the property with the pu'll is -%treat easement to provide access. C. F, Ma ney. petitioner, stated he is willing to give the Herwig's access from his private driveway if the easement is vacated. Mr. Magney proposed if 'he two lots in qtiestion develop as one, the logical access would be off 27th Avenue. Councilmember Threinen inquired if Mr. Magne; had attempted to acquire these lots before the site plan was deve'oped. Mr. Magney replied he had offered the Herwig's access to their property by private driveway. 124- i Regular Council Meeting May 4, 1981 Page 125 Tom Snouffer, representing petitior+er, stated he contacted the Herwi3 to discuss a private driveway agreement after the P'an- aing Commission reviewed the preliminary plat of the Magney addition, but they have not been able to get together regarding this matter. Mr. tnouffer stated if two accesses are allowed to their plat, they will he willing to grant permanent easements to these 'lots. However, if they are only allowed one access to their plat, they cannot allow additional traf=fic on the driveway. Acting Mayor Neils stated consideration of the street vacation was dependent on approval of the Magney Addition pre'iminary p'at and asked Council to consider the street vacation in conjunction with Item 8-C later in the evenings The hearing was closed at 7:52 p.m. 8, Street Vacation - Minnesoti Lane north of 90 _Avenue PUBLIC HEARING STREET VACATION Acting Mayor Neils opened the public hearing at 7:53 p.m. Item 7-B No one chose to speak and the hearing was closed at 7:53 p.m. MOTION was made by CounriImember Schneider, seconded by Council- RESOLD TION NO 81-;'Jq member Threin^n, to adopt RESOLUTION NO. 81-2719, A RESOLUTION AUTHOR I Z I NG V1JTiIOit AUTHORIZING VACATIUN OF A PORTION OF 1!0'N"&S0TA LANE IN CHRIS- MINNESOTA LATE Iii TIANSEN'S PARKERS LAKE THIRD ADDir.ON. Ciin"ISTIANSFN'S PARKER'S LAKE 3RD ADN, Motion carried on a Roll Call vote, three ayes. Item 7-8 C. Issuance of Off -Sale Non-lntox. Malt Liquor License for Bill's Purit , 17405 Counter Rodd b, for Wm. Rademacher PUBLIC HEA'IINr. OFF -SALE NON-INTOX, Acting Mayor Neils openel thl public hearing at 8:00 p.ri. MALT LIQUOR LICE`ISE Item ; -C Wayne Anderson, Bus'ness Administrator for William Rademacher, st..ated they have finpleaen,,ed ineaits to correct the license vio- lations involving license :•ene:val and sale of 3.2 beer to a minor, as indicated in his letter to the Council dated Aorit 24, 1981. The hearing was closed at 8:05 pain, Council discussed the violations and agreed Bill's Purity has had i good record in the past and was making an effort to pre- vent any future problems in the sale of non-intoxicatini malt 1 i quor, MOTION was ,Wade by Cr-uncilmember Schneider, seconded by Actinq RESOLUTION N0, 81-280 Mayor Neils, to adopt iESOLUTION NO, 81-2801, A RESOLUTION APPR I`GOrF-SAL APPROVING APPLICATION FOR OFf -SALE NON-INTOXICATIN S MALT LIQUCR NODI-INTOX. MALT LICENSE FOR WILLIAM CLIFFORD RADEMAC:IER, DBA HILL'S PURITY, LIQUOR LICENSF FOR 17405 COUNTY ROAD 13, FOR THE PERIOD MAY 51 1 81 THROUGH BILL'S PURITY JU`IC 30, 1982, Item 7-C motion car•riee. on u Roll Call voce, three ayes. 1L"5- Regular Cot,nc 11 Meeting May 4. 198; page 126 PUtTIONS, REJUESTS AND COMMUNICATIONS City Manager Willis Introduced the proposed Land U3e Guide Flan amendment, MPUD Preliminary Plat,'Plan. Rezoning and Condition+' Use Permit for Northwest Business Campus for Prudential :nsurcince Company of America located in the northeast quadrant of Highway 55 and 1-494. Dickman Knutson, representing petitioner. introduced a presenta- tion of the proposed Northwest Business Campus. Ron Hintz, Pru- den.ial Insurance Company, displayed slides illustrating various business camr,,uses developed t4rot,ghout the country by Prudential. Mr. Knutson reviewed the propped preliminary plat, including trails, and requested that the trail elevation be approved at a lower elevation than recommended for a more aesthetically pleasing effect. Mr. Knutson then reviewed the grading plan and the land SW ding and zoning as it exists and reviewed the proposed phasing of the plat, which -+ill develop in three phases through 1985. Mayor Davenport arrived at 8:50 p.m. LAND USE GUIDE PL AMENJMFNT 8 MPUP MLIMINARY PLAT/PLAN REZONING 8 CUP =0R NORTHWEST BUSINESS CAMPUS (80062) item 8-A Counc!Imember Threinen asked if the request of the Highway Department to upgrade Highway 55 will deter the aroject. lar. ;.nutso•+ replied they will 5e able to comply with the requi reinents of the "i ohway 0e.9artinent if that City allows them to phase thr installation of uuhlis i;iprovements concur- rently with their level opmenc pl •.in. He stated Prudent i al will make a 2,000.000 investment for gradin.;, storm sewer, berming and landscaping. They feel the amount of traffic that will be 13!oerated by the first phase of the site will not be severe and they wish to petition for c -.Instruction of Xenium Lane to County Roast 9 in the future. Mr, Knut;on reviewed th-a proposed tr_ tic plan and addressed proposed street constrmct;en schedules for Phases i, li and III. He then reviewed proposed occuty-incus for Phase I of the site and stated they projected occupancy in 198< 81P. They 1.rrpose to construct only the roads in Phase I dsiring the constru.tion of this phase. S,.bsequent ly, they will vet it i on for roads in Ohase 11 in 19132 for construction it 1983 and petition for roaJs in Phase Ili in 1983 foi construction in 1984. rgineer Moore stated staff has nit reviewed this specific schedule and noted they must vacate existing Xenium Lane if they wish to shift its location. Ccuncil questioned Mr. Knutson about their intention to petittri for the con- struction of Xenium Lane to Count%- Road 9 when the City desire-; and their will- ip-gress to deposit 25% of the improvement cost to quarantee construction. Mr. Kru.son replied they have 52,000,000 invested in improving the site, but they will agree to provide a deposit for Xenium Lane construction. if required. Mr. Knutson st.ate,l they ,Iisagreed with the need for additiclial turniny lanes at the intersection of Highway 55 and Xenium Lane at present, and they felt 0e existing turning lanes are adequate for the the first three years of development. Councilmember Threinen inquired if there is a traffic problem at this intersection at the end of development of Phase I if there would be some means of remedying the pr iblem before Phase 1 I is constructed. Manager Willis replied as individual site plans ,ire approved, the City will have the otport&lity to deal with any traffic orchlems. 126- a Regular Counci t Meeting May 4. 1981 Page '2] P"Ye Knutson questioned Condition 9 of the resolut'on aied suggested it should refer only to those building; across from the Creekwood Heights addition (Lots 3. 4, and S, 811)ck 3) since tl'e other lots are so Beep this restriction would not be necessary. Regarding Con- dition 13, he asked that the Council not approve the City consultant's cmplete trnftis study tonight since th ty have not had time to fully re;i;evoIt. Actino Magor Neils stated the design details of the traffic study will be ad4res sed at the Lime of final plat approval. He stated all that is necessary at this time is ar additionil condition requiring the developer to petition for the improvement of additional roads asso- ciated with Phase Ii and Phase III of the development so that construc- tion of improvements may be undertaken at the Counc-11's discretion for the purpose of assuring that the phasing of the project is in accordance with the recommendations of the City's traffic consultant. MOTION was made by Councilmember Neils, seconded by Councilmember Threinen, to adopt RESOLUTIOPP N0. 81-281, A RESOLUT;:ON APPROVING 16AND USE Gk'TDE PLAN AMENDMENT AND MPUD PRELIMINARY PLAT/PLAN, AND CONDITIONr;L USE PF'%MITS AND REGb%9nING REZONING FOR PRUDENTIAL INSURANCE C&PAN) FOR NORTHWEST BVSINt) CAMPUS MPUD 81-1 amending the second 1 i ne of Condition l by adding after the word buildings": "un Lots 3, 4 and S of Slov.-k 3." MOTION TV AMr ND wras made by Counc i l memt er Neils, seconded by Councilmember Threinen, by amending Cordition 13 as follows: The de; i gn ar,u construction of Coun' y Road 61 and c ther public streets within the aevelopment shall bo! in accordance with ,he fins; traoisport:ation study approved by the City Coun JI it the tint. of sinal plat approval." Motion ':o amend carried, four ayes. MOTION TO AMEND was made by Counci1p*mnber Neils, seconded by Mayor Davenport, by adding Ccndition 20 requiring the developer to submit petition; for the impenvemeent of streets and roads not included in Phase I development and properly address thc:,e conditions in the development contract so that should the City determ;ne construction of these street's must proceed on an ac- celerated schedule relative !o the developer's plans, such action may be commenced by the City. Motion to amend carried, four ayes. MOTION TO AMEND was made h; Counci lr,tr,ber Schneider, seconded by Mayor Davenport, by adding the following language to Cnndition 8: In Area I maximum height c F structures on cats 3, 4, at:d 5 of Block 3 shall be no greater than 35 ft.'' Motion to amend carried, f:)ur ayes. 121- RESOLUTION foe 81-281 Or" GUIDE PLAN AMf rIDMEMT WUD PRELIM PLATP)LM CUP b REZONING F01 PIORTMWEST BUSINESS CAMPUS MPUD 81-1 80062) Item 8-A Regular Council Meeting May A, 1981 Page 128 MOTION TO AMEMD was matte by k:ouncilmember Threinen, seconded by Councilmember Neils, by ado;ng the following language to Condi- tion 2: "Uter;itate trail design (elevation) will be considered at final plat Motion tc• amenc` carried, tour ayes. I10TION was made by Counci lmembs:• Nei 1 s, seconded by Mayor Davenport, to notify apprcpri'ate individuals in the Westminster area regarJing corrsiderition of the cid-de-sac on 30th Avenue in the future. Motion carried, four ayes. Motion to adopt ResioNtIon No. 81-281, as amended, carried on a Roll Call vote, four ayes. Council recessed from 9:38 p.m. to S1:46 p.m. Mayor Daaverrport resumed the Chair. 4anayer Willis introduce< "rel: -!inary Plat for O:rtlot 8 of the Drakelond Business and Technical Center and an amended ,1PU0 plan for 200 condominium units 4rur Norman JarnesiWestglen Developers. Councilmemnber Neils stated if the RPUD is to be platted into separate building lots and there is separate ownership In the plat. Ke questioned whether the main traffic circilation street shi;uld be a public or private streets Manager Willis stated it is contemplalled as a private street. Councilme'nber Neils inquired if it will be subst!ntially completed at the t irne of Phase I construction. RPUD PRELIM PLAT/91l0.N AMENDMENT - PPUD 77.1 WEStGLEN CONOOMINIJMS NORMAN ,!ARNE'V WEST;1.E"1 DEVELOP A-698) Item 8 Jerry Hauer, representing petitioner. stated he wished to clarify tVr-ie i terns in the resolution: 1 "lumber of lots --it is i:hei r intent to have the entire project be a condominium project. 21, What is they maxirrum width referred to in Condition 3? 3) Is the setbacir require- ment referred to in Condition 5 determined to the property line or to the Street line? ''ouncilmember 'Vers replied the intent of Con- dition s is to move 'he buildings .is fer south as possib`e and leave more if -ear yard than front yard. Planner- Tremere replied the setback in Condition 5 shall be determined from the west line of the dedicated trail. Cc:uncil discussed the request `or 31 additional units over the 169 units approved in the concept plan and asked fo), justification, Mr. Hauer stated the revised plan incnrpora,es toga outside garages under the buildings and building coverage is reduced to ;.2 acres from 3.? acres in the orioinal plan. Councilmember Neils cc-1rented under- rouno gara5as will also result in t substantial reduc' t oi: in the amount of blacktop sUrf ace. Nonnan Jarnes. petit,oner, sated the ori;inal plan was approved with ten buildings and t,is plan has been revised to five hailitirgs, 121 r Regular Ccoun ..:11 Mee t i ng May 4, 1 %4 Page 129 MOTION was made by Councilmemher Neils, seconded by Councilmember Threinen, to ,adapt RESOI 1TION NO. a1-282, A Pt"VILUTION APPROVING REVISED RPUD FREL IMI NARY PLAN FOR RPUD 77-1 AND PRELIMINARY PLAT FOR WESTGIEN CON0041NIUMS F9R NORMA1 JAR11ES/WEf'TGLEN DEVELOPERS ON OUTLO,T 8 CF THE DRAKELAND BUSI'IESS AND TECHNICAL CENTER adding Condit'on 13 requiring that improvement of 45th Avenue abutting this piat shall be addressed In the development contract for Phim. i an,1 the interior street shall be completed before Phase I t•!. completed. Motion carried on m Roll Call vote, four ayes. Manage; Willis lntroJuced requte.:t for ++ezoning drtd Pr•eli,ninar,v Plat for the Magney Addi^ion for Md9fley G)ntructlon Company. Councilmerrrber 'Jells stated he felt the two corner parcels with house', u; them may becoma a problem to tete City at sornetirre n the future. He suggesteri deferring action or, this plat urlti'l such time as the develo;ier makes :r rersonaole effort to con - sol. idate those two parcels as part of the plat. Counci Imem; • r Neils expresse9 concern with the office/warehouse building ••- posed on the F!rnbrook and 2?th Avenue frontage and whether the very large Iot to the west co;;ld rea;onab'f evcloP a4th0t' additional access to the. property. Ne also obji+cted to the out- side storage zcne peopo!•ed for the buil'irg +!buttirg Fernb•ook. jerry Hauer, r^earesenti ng petitioner, st.at.ed ':raerner-Weir. snot Wer developer, had attempted to ,)nsol ida!e the ve,rrlent ial c• rne parcels i Ito this plat, bd: their plan, were not carrie(! ),rt. Mr. Hauer sta,,ed there are :^any 9-10 acre Irits developing in the Carlson Center anti they feel j lot like this Could be der•,.tl oped 'rere with frontage un Fernbroul: ',_,Ani,. lie exp1 ained the pr.iPosed , •aff is olan and the neeei to ;)rovide maneuvowabiliry for truck .1-affic around the tui 1 ding. ounci lrnem!)er Vei Is st.ited approval of two ac+:essep 'o. he plat at this title is premature and, shou'+t be addrei;sed at s 0an stage. Mr., Hauer repl ied the adjacent rrupert i nwrrf'.rc o riot object to two ,accesses on Fer0rcok Lane i 11 they rece4 a per- pe':jal easement on the north f,r '.hernse'r ves ur my pur ,%tidsers r' the l r•nuerty which 0 it; their •tcci.,s t.) their- exi,t,nq g(irdge. i+owever, dcc esti to the <,+tith s r''.i t'SCdr• .`ur their tr,td t, trdf f i , ir. 14anderfel attorne- for the ,ferwiq'ti. who own the parcel adjacent to the north, 5tdtat.i he C ierlts hdd no td; d:eveloprnent of tho Morcel wi'"i t.0 ,..ceSWS hu' the- cerned that they ret t i n their ci,r•r•ent occesi by e-rsene they have agreed than if a oertndrlent eia -.lment is provi Ilerwig property, thi-y wculd be atiendhle to ally pro•'it+st of the Magney prope+•ty as lune dti ,he exis.:'r y tea%.0 en' vacated be`ore they reach an agrue+•t nt with Magney. re0den!'.a" b,ject i on drN con- He stated di to the platting i S lot RESnL:!f10N NO. 81-282 7jPPr f','Fi. R V ; 14PUD P11F .IM. PLAN Vic opUO 77-1 AND PRELIM. PLAT FOR WE51'GLEN CONDOMINIUMS A-698) Item 8-9 REZONING 3 PRELIM PLAT, ACNE v ADDITION FOR MAGVEY CONSTRUCTIn 81112) Item 0-C VACATION OF STREET EASTMENT - Itern 7-A Regij 11 r Council Meeting May 49 1981 Page 130 Counctlmember Neils stated the City does not have the right to vacate a street right-of-way to the benefit of one property owner to the, detriment of another property owner without )roviding a replacement benefit to that property owner, MOTION was nude by Councilmember Schneider, seconded by Cot-ncil- meieber Threinen, to adopt a Resolution Denyin3 Vacation of 26th Avenue west of Fe rnbrook Lane, Motion failed, two ayes. Mayor Davenport and Councilmember tics!% voted nay. Councilmember Neils stated the principal concern is the matter of equity between the parties and the City must attempt not to harm ary party, He felt it was appropr`.ate to defer the matter until an agye?ment is reached between the parties for a permanent easement to the properl-y for access. Councilmember Schneider stated the vacation wi!1 give one- half acre of land to one party to the detriment of hi; neigh3or to the north and it will make his property much more marketable, Councilmember Threinen felt access could be p -ovided frchi 27th Avenue or 2'Nth Avemue without vacating 26th Avenue. MOTION was nade by Councilmember Schneider, a.econded by Coun-:il- member Neils, t,, reconsider the previous }notion. Motion carried, four ayes% NOTION was wade by Courici lmember Schnrlder, seconded by Coun i 1- Ri' ;OLUTION NOJ13 member Neils. to adopt •:i'SOLUTION NO. . 1-283, A RESOLUTION dry C YNYING VACATION OF STRi ET RIGH; -OF -WAY ON 26TH AVENUE NEST SIREET RIGHT-OF-WAY JF FERNBROOK LANE, WH AVENUE WESi OF FERNBR00K LANE lution carried on a Boll Call vote, four ayes. Item '-A layor Devenport adv i sed petitioner to show Cotrnc i 1 some i nd i c i - tion th,it an agreement has been reached by the parties involv;!d tefore hriiging another petition for street vacation to Counc-l. MOTION was wade by Cotinci lmember Neils, seconded by Counci lmeirber RESOL'JTICN NO. 81-784 Tireinen, to adopt RESiLUTION NO, 81-284, A kESOWTION APPROVING A PRO'J N6PRFLIM*X"AT PRFLIHINARY PLAT AND R!"GARDIN:G R1'7.ONING F!1R MAGNEY ADDITION AT AND REZONING FOR 21'TH AVENUE NORTH AND FERh1BL'(,0K 14NE FOR MAf,NEY CONST-2UCTION kite and MIAGNEY ADDITIJN deleting Condit"on 4 and stristitutiny the fallowing c.onditicn: MAGNEY CONST'1JCTION Access to Fernbrook lana shall bg a si%gle ,i;-ress by way of 31012) Item 8-C the existing pubiis screet right-•()f-w.ay.` tor ion corrik,d on a Roll Call vote, foiir ayes. Council briefly ti-scussed the outside c,coraye shown on the yr,iph:1cs for the east kite and uggostpi.1 s:ieh stordge would nc,t he viewed i"avoi-dh't. Manciyrt.r Wi .i 1 is 1 ntroduc: Ni the re(piest for approval of 3e lera 1 Develolpnent flan ariendment, Site Flan dnd Cunditiundl UFe Periiit for Sdg•,uwre Cundomraiums for Qw,il i y I'Lmnes, Inc, stat' iirj the original dtvelolnn int ,elan did r,c,t have as a reiiuiremerl'. dedica- tion of the two outlets initiWately dh.ittinij exist ing C.R. 9. 130- GENCRIL DEVELOPM PL%N AMENDMENT/Ci SITE PLAN R VARIANCE SAGAMORE CONDOMINIUMS QUAL ;TY HOMFS, INC, I t em 8-n I1 Reg 1ar Council %?eting May 4, 1981 Page! 1 I The Manbcler st,ited these out l of s, ,ss contemplated at some time they wot-1(t' County Road 9) right-of-way purpose;. who owned the nut l ot:s. such, are riot bu i 1 dabl o and it was he dedicated for street (future Councilmember Schneider inquired Del Wischmiin, representing petitioner, stated Metro Develoisneot Corpo- ration orpo- ratio ai'_Ae original owner of all the land,, including Outlots A, C and D. and N -as a wholly-owned subsidiary of Quality Homes, Inc. They have now split and are two separate corporations and Metro retain: ,,wner- ship of the outlots; thus quality Homes is not in a position to dedicate the lanai as recommended in the Engineer's Memorandum. Council discussed the tomrdous traffic condition at the entrance to the Sagamore development and concurred that this would be intensified with additional development. Another entrance should by provided on the north end of the development.. Councilmember Neils suggested a by- pass lame should be prov'led on County Road q. Engineer Moore stated a bypass lane for left-tuirning traffic is needed, but not enough land is available to provide a bypaiz,; lane on the south. MOTION was made by Counci':,1i4ember Schneider, seconded by Council- n&mber Threinen, to atiort RESOLUTION NO, 91- 61. 85, A RESOLUTION APPROVING AMENDED GENERAL UEVELOPMEN'i PLAN, CONDITIONAL USE DERMIT AND SITE PLANS FOR LOTS 5 AND E FOR SAGAMORE CONDOMINIUMS FOR Q'1ALITY HOMES, INC. adOing Coalition 9 requiring that i-icceltration and deceleratior lanes on County Road 9 he provided at! developer's expense. MOTION TO AMEND was mace by Mayor Davenport, seconded by Council - member Schneider, adding the following language to Condition 4: r.o the extent that existing right-of-way would both bypass and acceleration/deciPl±ration la.nes." Motion to anend carried, foue ayes. MOTION TO AMEND was made by Councilmember Schneider, seconder, by Councilmem)er 1,reinen, by adding Condition 10 requiring developer to provide evidence to the City Attorney concerning the trarisfr-r of Outlots A, C and D from Quality Homes, Inc. to Metro Development Corporation and a listing of the principals of both corporations. Motion to amend carried, four ayes. MOTION TO AMEND was made by adOition Condit4on Il requiring pet4- tioner to execute a short -form development contract to guarantee the installation J public improvements. Motion !o amend carried, four ayes. Motion to adopt Resolution No. 8I-285, at amended, carried on a Roll Call vote, four ayes. 131- RESOLUTION N0. 81-285 APPRWING AMM5 GENERAL DEVELOPMEIT, PLAN/SITE PLAN/CUi SAGAMORE CONDOM"; NI 1MS QUALITY HOMES, INC.. 81004) Item 8-1) Regular Council Meeting May 4, 1981 Page 132 Manager Willis introduced request for approval of Site Plan and SITE PLAN AND CON Conditional Use Permit for Willow Grove Condominiums at Nathan DITIONAL. USE PER Lane and Stetty Crocker Drlve for Wallace E. Freeman noting the WILLOW GROVE COND developer was requesting Council to increase the density from WALLACE E. FREEMA the 76 units recommended by the Planning Commission to 90 units. 'Q1003) Item 8-E Howard_Dah1gren, representing petitioner, request4d additional units for the added_site area due to street vacation; additional units for the moeest income housing units proposed; and additional units for preservation of trees on the site and the addition of trees and bushes on the site to make the site more aesthetically pleasing; and additional units due to i.butment :o Nathan Lane. Mr. Dahlgren stated they are asking for 90 snits on the site wh'ch will benefit the City and offer affordable housing to famill-s. Vie added the site has 13.5% coverage +Knich is less than any of the alijacent. developments to the south in St. Lewis Park. Manager Willis noted the staff memo concluded 2 additional melts, for a total of 78, were allowable because of the Quaker Lane stv-eist vaca,'. i on, but the additional units *-.uld be based upon Council interpretation of the landscape criteria and upon variance considerations. MOTION was ,nade by Councilmember Th rei nen, seconded by Cr, unc i 1 - member Nei Is, to adopt RESOL9TION NO, 91-286. A RESO!.UTII}N APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AND VARIANCE FOR WI'.LOW GROVE CONDOMINIUMS LOCATED AT THE: NORTHWEsf CORN:'R OF WHAN LANE AND 8r: T rr CROC:KER DRIVE FUR WALLACE E. FREEMAV. MOTION TO AMEND was made by Councilmem;,er Schneider, seconded by Councilmember Threinen, by adding the following I,1nguage to 'an- n1tion 11: "....and there shall be no changes to the landscapEt plan wirhout recornmendatio:o of Planning Commission and Council appy-aval." Mot,on to amend carrie:i, three ayes. Ct.-,ncilmember Neils voted nay. Councilmenber Neils stated he wis sympa"iet' to the additional 90 units sinc.0 he feels the proposal fits ever, he does not wish to set a preceden'. by setting density for the site through v,iriances, request for an the site; huw- an arbitrary Motion to ddopt Resolution Plot. 81-286, as amended, carri d on ,i Rall Call vote, four ayes. RESOLUTION N0. 81-286 P RO INr S!"TE PLAN/ CONDITIONAL USE PERMIT APID VARIANCE FOR WILLOW GROVE CONDOS Counc•11 di sci.issed Project 117, improveo.rent cf Pilgrim Lane fr"r PRFL IMI NARY REPORT 26th Avenue to Nathan Lane, and Engineer Olson reconinended that PROJECT 111 -PILGRIM al . irnate designs should be considered for tie intersection of ' APIE IMPROVEMENTS Pilgrim Lane and 26th Avenue. Councilmember Neils commented that 26TH TO NATHAN LANE specific recnrnn endations shOLIld be proposed at the public hearing Item 8-F for intersection designs at both ends of thc, street. He stated the ditch improvements sho)uld be cost?d out and Councilmember Threlne.. recommended storm sewer costs should he presented at the public hearing. MCTION was made by Councilmember Threinen, seconded by Council- RESOLUTION N0. 81 7 132- me Fober Neils, to adopt RESOLUTION N0. 81-''8], A RFSOLl1T[f-N, REC 1 REPORT E('EfY[NG PRELIMINARY REP;IRT AND CALLING FOR HEARING FOR CALLING FOR HEAk PR(oJEi.T 1! 1, IMPROVEMENTS TO PILGRIM LA^'C FROM 26TI1 I,VEN'JE PROJECT 117-P[LGRIM TC +lATHAN LANE ON MONDAY, JUKE 1 , 1951 tT 7:30 P.M. LANE MPROVEMENTS Motion carried o a Roll Call vote, fo,,r ayes. Regular Council Meeting May 4, 1981 Page 133 MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, to adopt RESOLUTION NO. 81-288, A RESOLUTION APPROVING REMOVAL OF STOP SIGNS AT INTERSECTION OF LARCH LANE AND 45TH AVENUE, Motion carried on a Roll Call vote, four ayes. MOTION was made by Mayor Davenport, seconded by Councilmember Threinen, to adopt RESOLUTION N0. 81-289, A RESOLUTION APPROVING CHANGE ORDER N0. 3 FOR PROJECT N0. 017, COMMUNITY PLAYFIELD IMPROVEMENTS, MISCELLANEOUS CONTRACT, SCHEDULE F. ADDING 20694.8; TO THE EXISTING CONTRACT PRICE OF $228,553.00. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Threinen, seconded by Council. member Schneider, to adopt RESOLUTION NO. 81-290, A RESOLUTION AU HOR IZING PAYMENT ON REQUEST FOR PAYMENT N0. 10 IN THE AMOUNT OF $68,377.80 TO C. S. McCROSSAN, INC. FOR PROJECTS 702, 905, 909, 924 4ND 808, FERNBROOK LANE, 23RD, 26TH AND 13TH AVENUES. Motion carr ed on a Roll Call vote, four ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, to adopt RESOLUTION NO. 81-291, A RESOLUTION APPROVING REDUCTION OF DEVELOPMENT BOND FOR MINNEAPOLIS INDUS- TRIAL PARK 3RD ADDITION TO THE AMOUNT OF $10,000 TO REFLECT THE COMPLETED WORK. Motion carried on a Roll Call vote, three ayes. MOTION wes made by Councilmember Schneider, seconded by Council- memt•er Ttreinen, to adopt RESOLUTION NO. 81-292, ' RESOLUTION APPROVINt; PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT N0. 017, ZAChARY LANE COMMUNITY PLAYF;ELD. Motion carried on a Roll Call vete, three ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, to adopt RESOLUTION NO. 81-293, A RESOLUTION APPROVING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS LICENSE FOR THE OPERATION Or A MOBILE FOOD SERVICE AT MEDICINE LAKE BEACH FOR CAROL ,1. HOCVER FOR A PERIOD ENDING DECMtBER 31, 1981. Motion carried on a Roll Call vote, three dyes. MISCELLANEOUS RESOLUTION N0. 81-288 APPROVING REMOVAL OF STOP SIGNS AT LARCH LANE 8 45TH AVE. Item 8-G RESOLUTION N0. 81-289 APPROVING CHANGE ORDER PROJECT 017 COMMUNITY PLAYFIELDS MISC. - SCHEDULE F Item 8-H RESOLUTION N0. 81-290 REQUEST FOR PAYMENT PROJECTS 102/?05/909/ 924 AND 808 FERNBROOK LANE,23RD 26TH AND 13TH AYES. item 8-1 RFSCLUTION N0, 81-291 APPROVING BOIN~ REDUM IN FOR MINNEAPOLIS 1NDUSTR'AL PARK 3RD ACDN. (A-1L19j Item 8-J* RESOLUTION N0. 81-232 APPR NGLAN1NS & S('E b ORDERING ADVERTISzM FOR BIDS - PROJECT 01 ZACHARY LANE COMMUNIT PLAYFIELD Item 8-K* RESOLUTION N0, 81-293 WFP"TNG PEDDLERS LICENSE Item 8-L* Manager Willis reported the League of Minnesota Cities has asked LEAGUE OF MN %1TI.S the City to delegate a representative to their hoard of Directory by May 29. Council supported the practice of allowing the burning of leaves in the City in the fall of the year. The meeting adjourned at 11.45 p.m. 133_. FALL BURNING 'AlF Lf. AVC ty-- --