HomeMy WebLinkAboutCity Council Minutes 06-01-1981Page 147
MINUTES
REGULAR COUNCIL MEETING
June 1, 1981
A regular meeting of the Plymouth City Council was called to order by
Neils at 7:45 p.m. in the Council Chambers of the City Center at 3400
Boulevard on June 1, 1981.
Actino Mayor
Plymouth
PRESENT: Acting Mayor Neils, Councillmembers Hoyt, Schneider and Threinen, City
Manager Willis, Assistant Mar,.,ger Boyles. Engineer Moore, planner Tremere,
and Attorney Lefler. Mayor iavenport arrived at 8:45 p,m.
ASSENT: None,
CONSENT AGENIN
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt the items on the consent agenda with the
exception of Items 7-E-2 and 7-E-30
Motion carried on a Roll Call vote. four ayes.
MINUTES
MOTION was made by Councilmember Hoyt, tseconded by Councilmember
Schneider, to approve the minutes of the May 18, 1981 regular
Council meeting as submitted.
Motion carried on a Roll Call vote, four ayes.
PUBLIC HEARING
Assistant Manager Boyle,; reviewed the requirements and procedures for
the public hearings and anno,inced thjt notice of the hearing was put-
lished in the Plymouth 'Post, written notice was mailed to each pro-
perty owner in t e mprovement area, and discussions were held at
Council meetings on the subject project. He thele explained the
special assessment policy and procedures followed by the City,
Acting Mayor Neils opened the public hearing at 7:50 p.m.
Warren Chapman, 3513 Zealand Avenue N., inquired if the project is
or ere if it "could be constructed in the 1981 construction season.
Mr. Chapman also expressed concern about how access would be pro-
vided to existing homes when the lot on the southeast corner of
26th Avenue N, and the proposed Pilgrim Lane is sold and developed.
Glen J. Anderson, 2460 E. Medicine Lake Blvd., inquired about the
prowsed connection of the City trail system to t.ne Hennepin County
regioial trail system and inquired whether residents with lake rights
will lose the lakeshore property by condemnation when the trail goes in.
Mr. Ander«n stated he felt if land in front of his house is taken for
trail purposes, the City should provide him with a street and access to
his home on Pilgrim Lane. He also inquired about. the curb and gutter
improvement and the proposed condemnation of a garage in this project.
147-
CONSENT AGENDA
Item 4
MINUTES - REGULA
COUNCIL MEETING
May 18, 1981
Item 5'
PUBLIC HEARING
PROJECT 117
PILGRIM LANE FROM
26TH AVE. N. TO
NATHAN LANE
Item 6
z
Regular Council Meeting
luny_ 1, 1981
rage 148
Acting Mayr,r Neils responded that the City executed an agreement in
May, 1918 integrating the City Trail System with the Hennepin County
Park Reserve Regional frail Corridor, but, to date, the Park Reserve
District has riot advised us of any plans for imminent development of
the Regional Trail Corridrr. The Mayor explained the City's policy
regarding curb and gutter improvcmrits and noted the garage Mr.
Anderson inquired about .lis built on the City's right-of-way.
Engineer Moore comnerted if the project is ordered the property owner
of the garage will be notified to move the structure off the City's
richt-of-way.
Harry F. Johnson, 2505 Nathan Lane, spoke in opposition to this
pro oct and stated it would create a hardship for him and give
him r;o benefit whats;,ever. He stated it will create a hardship
for all of t`p older residents of the neighborhood,
Harry rriedman, 2500 E. Medicine Lake Blvd., objected to the praposal
for a -foot read and stated an alley would 9e adequr,te to provide
access to the back of his home. Mr. Friedman stated if the access
on E. Modicirie lane Boulevard is closed, he felt the City should pay
part of the cost to provide access to his 'game.
Alfred Raker, 2565 pilgrim Lane No., stated he has lived in his home
oar I yeart, and this project would be a financial hardship on him.
He opposed the project.
Mrs. T. Kluck, 2420 E. Medicine Lake Blvd., stated residents on the
SORt+i en -the block have no need for this road and she felt an
jlor; w -mild be sufficient to provide access.
Barbara Anderson, 2460 r. Medicine Lake 81vd., stated she felt an
alley wowsufficient to provide access to the back of her home
and prcO de fire protraction. Acting Mdynr Neils replied it has not
been the policy of the City to build alleys, but it exceptional cases
28 ft. tL 10 ft. streets have hoen built due to the topography of the
land. In this .ase, the staff considered constructing a cul-de-sac
with access frim the north, but doubted it could be large enouO. to
give access .o public safety equipment. Ors. Anderson sratea ;r resi-
dents lose occess and parkiny on EasIt Medicine Lake Boulevard, she
feels the City has an obligattion to provide access to their homes
in the bac'.. She stated they do not want a two-way street and will
be sati•cf,ed with an alley to nr•ovide access.
Ken Christensen, 2428 E. Medicine lake Rlvd., objected to the proposal
for a__VTt_sstreet and stated lie feels nc, actio-. can be taken until
the Henn pin County Park Res-2rve District's plans are known for the
regional teall along East Medicine Lake Boulevard.
Glen Anderson iperoposp,,l downgrading the project to a 30 ft. gravel road.
148••
7
i
f
i
Regular Council Meeting
June 1. 1981
Page 149
Maurice 6-astafson, 2560 E. Medicine We Blvd.. asked f thIs road is
necessaryaril Tnqui red if the project rias intended to replace E. MPdi c 1 ne
Lake Boulevard. Acting Mayor Neils replied the street is necessary to
some and not to others who have expres%ed their* opinions this evening.
The project was patitioned for by 8 private citizens from a total of 13
homes on the street. Mr. Gustafson stated he owned the garage that must
he moved and that garage has been in place for 35 years. He objected to
the project.
Audrey Friedman, 2500 E. Medicine Lake BiO., stated they purchased their
domeW"i gra o0 on the back of the lot accessed by a dirt road which
the City has not maintained. if the corner tot on 26th Avenue N. 1s sold
and built or., they will lose access to their gar,Age. If the Park District
condemns E. Medicine lake Blvd, for trail purposes, they wit] not have Ar:
access to their home. Mrs. Friedman stated the City should provide access
to their home, but she opposed a 32. ft. street. She felt an alleyway is
all that 13 necessary to provide access to the back of these lots.
Al Baker agreed with Mrs. Friedman•s statements.
Ken Christensen stated he felt the
when Ne s gnatures were obtained,
petition vas not clearly explained
Harry Friedman stated the purpose of the petition vat-, to resolve the
matter of access to these homes at. this time before construction costs
go higher. Mr. Friedman spoke in favor of' a cul -de -sec, accessing from
the north,
The hearing was closed at e•:35 p.m.
Councilmember Threinen inquired if the City has the right to establish
right-of-way for access on the turner lot on 26th Aveiu p N. a:^d
Pilgrim Lane. Attorney Lefler rsplied the people wlro have been using the
road to access their homes may request right-of-way from the owner of the
lot, ',ut the City inay not do so unless it has ma;ntained it as a public
street. Fir. Lefler skated the C,arige does not have any right to be on
a public right-of-way,
Engineer Moore commented a cul -pie -sac could be constructed, but he ques-
tioned whether there is adequate room to provide a turn-aror;rnd for City
public safety equipment, He stated a standard cul-de-sac has an 80 ft,
diameter and 15 ft, is minimum for turn -around,
Consulting Engineer Olson commented a large portion of the cost of this
proposed project is for retaininq walls required sue to the grade of the
road on the south end of the street. He stated a cul-de-sac accessing
from the r,..)rth would exceed the standard length for a cul-de-sac and
would p,Y,vide only one -wily out on a very steep street. Engineer Olson
stated the savings that roild be realized by constructing a 28 ft. street
would only be 4'0.. tw% 5w. of the cost of eh? project. Tnis would not allow
parking on the street and would not result in significant savings For the
cost oY retaining wall!.. He %fated this is an excellent time to construct
the street since here Inas Leen an excellent bidding climate for this type
of work,
149-
Regular Cruncil Meeting
June 1, 1'181
Page 150
Lvor Pavoriport arrived at the- meeting at 8:45 p.m.
Actfrg Ilayor 14*46i; noted some of the houses and garages are built close
to I. ie i sting 11;ht-of-war and proposea 28 ft, street might provift
a aette• solution. He noted the alterriattves before the Council Including1) decKIing the pipcoject; 2) continuing the hearing to some future date to
consider a' -ernativots that were proposed this evening; and 3) ordering the
project at 04 tin.,; with come modifications,
MOTION was ma:q% by Cuunt.; . lmember Threinen, seconded by Counc 11 nember
Hoyt, to continue the h`-nring to July 6, 1981 and to direct staff to
1) cerntac! Hennepin County Park Reserve District to detennne their
intentions 9o,, the Regional Trail on E. Medicine Lake Boulevard; 2)
investigate the colts associated with construction of a co,l-de-sac
accessing from the north and a 28 ft, street compared to a 32 ft. Ptreet; 3)
cetermine whether constructiott can be begun during this coostr•uction seassn;
4) provide various alternatives for financing this project.
Motion carried, -!ive avos,
Mayor Davenport ossumed the Chair et 3:53 ).m.
PEf ITIONS, REQUESTS AND COMMU.,;CATfb'P`_'
MO'1i0N was made oy Councilmembar Hoyt, secpnied by Councilmember
5:hr,eider, to adopt RESOLUTION NO. 3' -'15. A RESOLUTIOtl k.UTHORIZING
THE SALE AND ISSUANCE OF S29000vOOO OF ;NDUST:IAL DEVELOPMENT REVENUE
BOND,) UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT A''T TC FINANCE A PRO-
JECT THEREUNDER SECURED BY PAYMENTS UNDER A LOAN AUREEM'ENT AND A
LETTER Of CREDIT FROM NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS,
AND A,ITHURIZING THE EXECUTION OF DOCUMENTa FOR DELiK1 C0RP0RI','.
M000h carried on a Roll Call vote, four ayes.
Assist,nt Manager Boyles introduced request for approval of RPUD
Concept Plan a,1 variance approval for Mission Hills Park 8th Addition,
MOTION ras made by Lcl4ncilmember Neils, seconded by Councilmember
Schneia,r, to adopt RESOLUTION NO. 81-336, A P.ESOLUTION APPROVING
P,P.U,D CONCEPT PLAN FOR MISSION HILLS PARK 8TH ADDITION FOR MIS-
SION HILLS PARK 8TH PARTNERSHIP LOCATED AT C.R. 9 AND Zdl.CEARY LANE
Motion Carried on a Roll Call vote, five ayes,
Coup -.i rarprspd from 8:55 p.m, to 9:05 p.m,
Mayor Davi nport asked Council to move Items ?.-D and 7-G-2 forward
on the agenda in consideration of the residents who were in the
audience,
150-
i
RESOLUTION
NO. 81-335
A7 H OR T1 I 9G,
SALE 8 ISSUANCE
OF IDR BONDS FOR
DELTAK CORPORATIO
Item 7-A•
RESOLUTION 81-336
A-
CONCEPT PLAN FOR
MISSIC:N HILLS PARK
8TH ADDITION
8002 ') Item 7-8
n
PI
i
Regular Counc!1 fteting
June 1, 1481
Page lgl
Manager Willi+ introduced request for Prelimina,•y Plat and General
Development Plan approval for Rvckford Square located at County
ftxad 9 and Nathato Lane for John McKel l ip and Korman Jarnes.
Councilmember '?i is coan ented the Preliminary R,'at approval is
se"rate issue from the General Developmirnt Plan approval. and
Council is not favorable to some of the aroposed uses indicated
the General Dtwd'-opment Plan. they should make it known at this
PRELIMINARY PLAT/
GEN. DEVELOPMENT PLAN
ROCKFORD SQUARE
Je MCKELLIR/N. JARNES
A (81013) Item 1-D
If
on
time.
Mayor Davenport displayed a list of neighborhood concerns about the pro-
posed uses in they General Development Plan and stated if the General
Deve;opment Plan is approved, it will not denote Cous cil or Planning
Commi cion a iproval of the prospective uses which might develop on these
spec fic 104%q.
Ted Loketn, representing the Middle East Plymouth R.O.A., presented a l-lst
5J?'T0iiWrnS regurdinti the proposes! Rockford Square developments He stated
citi,idta-ation should be given to other proposed ,.lmercial developments in
his area to assure uniformity aped c:i..tinuity. Also, intensity of uses
ind proposed plias^, of the development i; a concern, He requested that the
Hoatea.rnees Association; be kept infoi-med of future develovwmts in this ire3.
Ron Hansen, 4225 Quaker L,,ne, stated he questioned whether the proposed
P an 4s coniivint with existing development in the area a,d he objected
o potential noise from a liquor lounge in the area and felt it would im-
ac' on 0%e value of homes in the adjacent areas.
Zonald 9auerly, 9935 - ":it :avenue N., objected to the proposal for phased
eve opmen:7 the ,ockfo; d Square parcel and stated he felt this, plat
should not develop in d piecemeal fashion. Mr. Bauerly presenteJ a petition
signed by dO residents of the area objecting to the entertainment sectio,
proposed con 1 st i rig of a bowling alley/liquor 1 oun#,A because it would not
bo consistent: with the existing development in the area.
David Feat, 4230 Nathan Lane, requet.teu Council to support tho! residents'
0Fje tons .ahs.-:_sidering the proposed conditional uses for this plat.
Mr. ileat objected to a phased development of the plat and spoke in f.ivor
of a inified shopping center development for the p'lat.
Rick Sathre, representing petitioner, stated if the general Dilve'opmenc
0an -11. s approvedi th i evening, input from the ne i ghborhuod regi deny: s will
be welcooe regardii,g specific indilid.jal sites and rise aS thew are re-
viewed by 0e Planning Commission and Council in the fk,ture. Regarding the
proposed phased development, he stated they proposf% to construct this con-
tinuous structure west of Nathan lade in mrire than one stage because they
feel a !lrge strip shopping center is not feasible at this tine to compete
with the Four Seasons Shopping Center and :hey wish to aldi on to the original
building is the area develops. Mr. Sathre it is their intent !o hili 'Id a
devel3pment that will enhance the area.
Counc i lmember Schneider inquired i f the proposed bcwi : r;g dl l ey use was a
definite proposal. yr Sathre replied it eras under contract. Counci1-
member Srhne'der questioneu '!r. Sathre ahout the original proposal for
this development as a shopping nal i,
Regitl ar c unc i 1 Meet 1 ng
Zuni• i , 1';'%81
Page 152
Eouncilmember Th reinen inquired whether the Preliminary Plat is viable
if the General Oevelooment Plan with the bowl+ng it ley is not deemed
acceptable. Councilmuvmber Hoyt stated she felt retail sales were not
compatible with a bowling alley/liquor lounge usle.
Counc;lmeaber 11ei1s noted during the Assessment Cs.anittee review of
the Nathan Lane improvement project, it was recommended that Illock 2,
Lot 3 of this plai not v assessed because it was not buildable, and
100% of the lot fell below the 100 -year high .rater mark for that ponding
area. If it is it buildable lot, the assessment roll for 45th Avenue
should be reconsidered. Councilmember Neils also commented if 811.tck
is :11vided into two lots at this time, it is likely the phased devolop-
ment of these lets will occur under separate ownership and decrease the
ability of the City to control the development of thc. property. He
state(! if the Cou6c!l des)res to see a retail shopping center built
on the went, side of Nathan Lane, and permitting construr_lnn of a
bowling alley/iiquor lounge to anchor this developmer may eocourago-
future similar de.,elopment in Phe area and discourage retail shor1pir9
uses fpcm developing.
MOTION was made by Co_incilmeslber Neils, seconded by Council- RES0LU : NO* 91-331
membnr 'hreinen, to adopt RESOLUTION NO, 81-3379 A RESOLUTION MOW ,,P"lsRTL ,.
APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR GENERAL DEVI"LOPMNT PLAN
ROCKFORD SQUARE BASED UPON EXHIBIT B, DATED ihAY, 1981, WITH ROCKFORn S01.1ARi; (Him)
THE ACDITI011 OF CONDITION 12 STATING THAT TME PONDING V)UIRE- Item 7-0
MENTS WITH RESPECT rO LOT 3, BLOCK 2 SHALL OVE ADDRESSED Y THE
CITY ENGINEER AND, IF UNDEVELOPABL€ w4,14 THE REQUIREMENTS r04
PONnING, LOT 3 SHALL BE COMBINED WITH LOTS 1 AND/OR 2.
MOTION TO AMr4D wai. made by Councilmenber Neils, secondea by
Counci'mefnber Schn,4ider, by the addition of Condition 13 stat;ro
that the proposed use of the bowling alley, restaurant and lou t•!4•,
as shown on the General Developrient Plan, -is specifically ex':;u:Jbd
and should be perwitted retail sa?es and/car ()ffice use only.
Motion to amend carried, five eyes.
Mc!ion to adopt Resolution No. 81-331, as amended, carried on a
y 1 Call vote, five ayes.
Manager Willis introduced request for approval of Conditiunal Use
Permit for New Horizon Enterprises. Inc. to operate a day care
center in the 3-1 zoning district in the Four Seasons Office
Building and reviewed the Planning Ccimniss-ion's reconnnendation
for denial on the basis that the use is too intense fo. the site;
traffic congeslior. is likely to result; and the nunber of students
is too i;iany. The Manager displayed the concerns of the residents.
Planner Tremere noted tha", the pron,.se.i use would constitute 8,000
sq. fE.
IS2-
Regular Council (Meeting
June 1. 1981
Page 153
Tpd Loken, representiq Riddle East Plymouth N -AAA.. reiterates
ie ne7g;+borhood corcerns and st,ited they suppurt.ad the Planning
ome!ission's recamrand,stion for dental.
PAm Peat, 4230 Nathan lane, crnscurred with 'the Planning Commission's
recommendation for denial.
f or_Pay,, 4050 Nathan Lane; spoke in favor of the Plonning Commis -
ofn & rtcommendation for denial anis stated this is not a suitable
situ ?or M large day care center. Mrs. Page stated she has a group
day care license for 1%-2 children and there is a need for day care
centers It, Plymouth, but she felt locating a center on the boundary
of the Cit) gill not necessarily serve those needs. She expressed
concern that once they were gri cited a conditional use ;permit for
the day ca' -se center. the State would grant them a permit for a
14rger number of children than was approved by the ritv based on
the available space. She felt this noise from the o(:to:.:r play arpit
would be prohibitive and could noi: be controlled by a fens&. Mrs.
Page stated a recent appraisal of their hox^te indicates they `nst
10% on the value of tNei r home bei:au3e of the development o° thy;
Four Seasons office building behind their homes. She coawwoted that
the neighborhood residents eoopereted with Metram Properties in the
rezantng of the lin l at the time the shopping center was developed
n the condition that the office building would be ut:ej as a buffer
fur the residential area, but the proposed dray care center use 433
nct suitable for a residential areti.
Stye Dunklg, representing New h)ria,nn Enterprises, Inca they have
day care centers in many shoppirg cecters and traffic and/or parking
na; never been a problem because of tht staggerred pick-up of the
childre i. rhos; j,fAe1 t -.hat their ul-.e is a less intensive use than
others that co,ld he rorosed for the building. Mrs. Dunkley
described the rottt!ne of thia day carF; center and stated they wouid
accept 100 children rs a ma4 imus, 13cl iding toddlers, pre-school
and latclo.-key c'ildren. Sho statL%; tho. out°ide playground area would
be limited to 2: chi ;siren at ene time.
Counci Imei.,ber Neils inqui rec' if the juri sdict iow of the license con-
ditions would lie in they hands of thdi State after the City issued
the coed onal use pe,i-iit. Attorney t.efler stated the use of the
site ani! the nvber of ;--hi ldren is su, jec.t to the licensing regula-
tions of the State. He stated that a maxi -num nwnhe.r proposed by and
act eptabl e to the petitioner could be .ei: as a condition of the Penni t .
Ple,nnev Tremere nosed under State req.0 ations, the State depends on the
locality to det rpdne .t the land use is appropriate and it will not
issue a license if th. +nditionel use peernit is denied.
William Dunkley, pi titioner, stated in t!AAir experience this is the
first t i:ne a day care center use has been opj Beech in a residential area.
He stated they request a pennit to toerate with up 'n 120 children, which
is well within the State regulations and requirements. Pkinkley stated
the State feel, this s'te is ideal for a day care center,
153-
Regular Council Meeting
June 10 1981
Page 1S4
John Uban, represent. i ng Flet rare Proper t fee.. d i s-)' ayed a n i to pl on
sh'tw'Ing the proposed day care center dnd stated Metram Propert le%
proposed to work vi tai the nei nhbcrhoc.d res idertt s t n reducing the
noise and planning the buffer zone.
MOTION was mzde by Counci1imnbor Schneider, seconded by Council -
member Threinen. 0 adopt RESOLUTION NO. 81-3380 A NESOLUTION
DENYING CONDITIONAL USE PERMIT $OR NEW HORIZON ENTF'r'(PRISFS,
INC. FOR A DAY CARE CENTER TO Be. LOCA'I" 'D IN THE FOUR SEP.ONS
OFFICE BUILDING AT 420: N. LANCASTER LANE toend•'ng the gait
paragraph of the resolution by subso.ituting the fol!owing
a `ter the words "on the basis": "that the usp Is adver•so! to
the health, safety and welfare of the cupantti of th? sur-
rounding land. due to factors of ::oi;e, thn c1fect on values
of hroper y in the surrounding area, and the erfecr, on the
Co -:.p rehens i v e P 1 afi. "
Motion carried on a Rf)11 Cal l vote. f )trr ayes, Councilmem,ber 11riyt
voted nay.
d
RESOLUTION .10. 81-338
iE N N Ufa ,_
CARE CENTER I°l FOUR
SEASONS OFFICE 81, DG.
NEW HORIZON ENTERPRISES
8102)) Item '1-G-2
Councilmember Threirren commented when •n'= land wa rezoned, it was
determined that an 11-4 ose was objecti.,nable becau,:e the area was ua-
safe for numbers of chi"Jren, He st.ced he felt tht: developers at that
time misled residents ire order to obLuin their supr.WL `.r the rezoning.
Councilmember Neik stated he nbjected to having half 0 the building
area designed for fffice ;.cte with a public institutional use of this
nature in the other half of the building. and the builclint; was not de-
s i gnat to accornnodate this type of us z. Mayor Davenipost s.,ited since
the neighbors have demonstrated the;t• gond F :th in supporti Zy the land
u,;e change necessary to develop the sncpping center, he hot!ed Metram Pro-
pa..rties will continue to work with the neigh'Dorhood ire the `ut u:-e. Council-
membeir Hcvt stated the voted against the denial of the conditional use
Permit becausi the reaso+s outlined in the resulution halve no basis in fact.
Mariat er Willi introduced a reyt:est t o amend the L and Ur.e Guide
Plan and approve an MPUD Concept P 1 ars fnr Tennant Coe rpany )n a
210 acre site at the northwest corner of County Road:, 10 and 18.
MOTION was made by Counc i liner her Neils, seconded
W1170er ihreinen, to adopt RESOLUTI0 1 NO. 81-339.
APPROVING MPUC CONCEPT PLAN FOR TENNANT COMPANY
MENT ON APPROXIMATELY 210 ACRES IN THE NORTHWW
COUNTY ROADS 10 AND 18,
blition carried on a Roll Call votQ, five ayes.
by Council -
A RESOLUTI0"
FUR A DEVELOP-
CORNCR OF
MOTION was made by Counc i lmember Neils, seconded by Council-
member
our,:i1-
mernber Threinen, to adr,pt RESOLOTION 40. 81-340, A RF'SOLU'Tin
APPROVING AMENDMENT To THE LAND USE GUIDE PLAN TO ilk ^,LASSIFY
APPROXIMATELY 123 ACR!` S FROM LA -2 TO IP AND APPROX IMAT—LY 76
ACRES FROM LA -2 TO CI. IN THE "IORTHWCST CORNER OF COON"f ROADS
10 AND 18.
Motion carried on a. Roll Call vote, five ayes.
I
ESOLUTICN N0. 81-339
APPROVIINGWI-0-C. iCTpT
PLAN FOR TENNAN T C'?
8i011; Item 1-C
RESOLUTION N0, 811-340
PPR WIT- T-PTNom" T -TO
LAND USE GUIDE FLAN
FOR i:NNANT COMPANY
81011) Item 1-C
Regular Counf.; Meeting.
June 1, 19P'l
Page 155
Peter Jarvis, engineer for petitioner, reul:ec to Council's questions
regarding the plat and stated the proposed number of employees in the
4-ivelopment at build -out was 4,000-5,000.
Martir. N. Kellogg, representing Tennant Company, spoke of the future
development plans for the site.
Manager Wi l l i t 1 nti* oduced request for Final Plat approval for Oakwood
Short-, 2r.„ ' " i t f o+ for Le -wry Hi l 1 Construction Company recommending
the Developriient Contract '%e executed as proposed, with a 1982 comple-
ttea date. The petitiorn..r requested the Development Contrac be ex-
tended. to 1983. Mayor Davenport stated a time extension for completion
of the improvements or :he plat would be deliberated in the future at
the petitioner's reluest.
MOTION was made by Councilmember Schneider, seconded by Councll-
member Hoyt, to a4opt RESOLUTIOV N0. 81-3410 A RESOLUTION
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR OAKWOOD
SHORES 2ND ADDITION FOR LOWRY HILLS CONS'wtCTION COMPANY.
Motion carried on a Roll Call vote, fide ayes.
MOTION was made ay Councilmembiir Scoificider, seconded by Cot.incil-
member Hoyt, to : dopt RESOLUTION NO. .1-14?6 A RESCILUTION
SETTING CONDITIONS PRIOR TO FILING F'Ir+AL PLAT FOR CAKW00!
SHORES 2ND ADOIIION FOR LOWRY HILLS C`NISTRJCTION COMPANY.
Motion carried on a Roll Call vote, t I•je ayes.
MOTION was made by Councilmt ,er Threinen, seconded by Councii-
member Poyt, to adoRESOI,.U": % pt: I N0. 81-3430 A RESOLUTION
APPROVING FINAL PLAT AND DFV',' 0P?A7NT CONTRACT FOR ZACHARY
COUR" RPUD 77-6 FOR MARV A'IDERSON i.u'ISTI!UCTION COMPANY.
MotiL#n carried on a Roll "all vote, four ayes.
Schneider voted nay.
Councilinember
MOTION was made by Counc i' mem5:.ar Threinen, seconded by Council.
member
ounciI-
member Hoyt, to adopt RESOLUTION 140. 81-3441, A 'RESOLUTION
SETTING COND I T I JNS TO BE MET PRIOR TO AND RELATED TO F I L I f 6
OF FINAL PLAT FOR 'ACHARY COURT F()R MARV ANDERSON CONSTRU('TION
C014PANY O
MosJon carried on a Roll Call
Schneider voted nay,
vote, four ayes. Councilmember
MOTION was made ''ay Councilmember Threinen, seconded by Council-
membor Hoyt, to adopt RESOLUTION N0. 81-3455 A RESOLUTION
ADOPTING AS5CSSMENT IN THE AMOUNT OF $14,050.75 FOR SEWER
AND WATER AREA CHARGES FOR ZACHARY COURT, PROJECT N0. 1246
Motion carried on a Roll Call vote, five ayes.
155-
RESOLUTION N0. 8I-341
APPROVINF, FMNAL FEWF
DEVELOPMENT CONTRACT
OAKWOCD SHORES 2ND ADN.
LOWPY HILLS CONST. CO.
79034) Item 7-E-1
RESOLUTION Nle. 81 -342
SET
FOR F I P,AL PLAT
OAKWOOD SHCRES 2ND ADN.
LOWRY FALLS CONST. CO.
79034;, Item ?..E-1
RESOLUTION N0. b1-343
A "RVI
DEVELGP`!LNT CONTRACT
ZACHARY COURT RPUD 77-6
MARV ANDERSON CONST. CO.
79045) Item 7-E-2
RESOLUTION N0. 81-344
SETTING O S
FOR FINAL PLAT
ZACHARY COURT RPUD 77-6
MARV ANDERSON CONST. CO.
79045) Item 74-2
PESOLUTION NOs 81-345
A6OP TR+ S_T _SSMK 1T
SEWEI! AND WATER AREA
ZACHI R Y COI1R T
PROJECT NO, 124
Item 7-E-2
Regular (ounci 1 Mee :i ng
June 1, 1981
Pago 156
RESOLUTION
MOTION was made by Councilmember Schneider, seconded by Council- NO, 81-346
member Thre+nen, to adopt RESOLUTION NO. 81-346, A RESOLUTION APPROVING FINAL PL
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ZACHARY HILLS DEVELOPMENT CONTRACT
2ND ADDITION, RPUD 77-E, FOR MARV ANDERSON CONSTRUCTION COMPANY, ZACHARY HILLS 2ND ADN,
RPUD 77-6 FOR
Motion carried on a Roll Call vote. five ayes. MARV ANDERSON CONST. CO.
10045) Item ?-E-3
MOTION was made by Councilmember Scnneider; ,esnnded b, Council- RESOLUTION NO, 81-347
member Threinen, to adopt. RESOLUTION NO. 8'-347.1 A PE;V IJTION SUT RC MNDITTMT
SETTING CONDITIONS PRIOR TO FILING F NAL PLAT FOR 7A%;HARY HILLS FOR FINAL PLAT
2ND ADDITIC:: FOR MARV ANDERSON rnNt'ORUCTION COMPAYY. ZACHARY HILLS 2ND ADN.
MARY ANDERSON CONST, CO,
Motion carried on a Roy: Call vote, rive ayes. X79045) Item 7-E-3
MOTION was made by Councilmember Schnelider, seconded by Council- RESOLUTION N0, 81-348
member Threineo, to adopt RESOLUTION NO. 91-34110 A RESOLUTION AMOY`I WM St SSMEV
ADOPTING ASSES"WNT IN THE AMOUNT OF 3,386.75 FOR SEWER AND SEWER AND WATER AREA
WATER AREA CHARGES FOR ZACHARY HILLS 2ND ADDITION, PROJECT ZACHARY Hlllr% 2ND ADN.
NO. 't125, PROJECT NO, 125
Item 7-E-3
Mution carried or a Roll Call vote. five ayes,
MOTION was made by Counci lmenber Hoyt, sec.00ded by Counci l.nember RESOLUTION
Schneider, to adopt RESOLUT104 NO. 81-349, A RESOLUTION A'PROV:NG NO. 81-349
SITE PLAN AMENDMENTS AND VARIINCES FOR BANNER ENGINEERIN'j COMPANY SITE PLA1
AT 9714 TENTH AVENUE NORTH. AMENDMENTS 8 VARItACES
BANNER ENGINEERING CO.
Motion carried on a Roll Call vote. four ayes. (A-311) Item 7-F*
MOTION was made by Councilmember Hoyt, seconded by Council- RESOLUTION NO. 81-'50
member Schneider, to adopt RESOLUTION NO. 81-350, A RESOLUTION APPOO IM CSI IJ
APPROVING CONDITIONAL. USE PERMIT FOR DETACHED ACCESSORY BUILDING USE PERMIT FOR DETACHED
FOR PEACE LUTHERAN CHURCH AT 3695 STATE HIGHWAY 101. ACCESSORY BUILDING FOR
rEACE LUTHERAN CHURCH
Motion carried uo a R:)11 CA!I vote, four ayes, (A-833) Item 7-G-1*
MOTION was made by Cuiinciltinember Hoyt, seconded by Councilmember RESOLUTION NO. 81-351
Schnei ar, to adopt RESOLUTION NC. 81-351. A RESOr.UT!ON REDUCING A—EtITC1 ENT
DEVELOPMENT BI::D FOR CARLSON COMPANIES SECOND ADD T1uN TO THE BOND FOR CARLSON COS,
AMOUNT OF $232,/50 TO REFLECT THE COMPLETED WORK. 2ND ADDITION (A-710)
I tern 7-.H*
Motion carried on a Roll Cal! vot.l, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Counc4lmember RESOLIITICN NO. 81-352
Schneider, to adopt RESOLUTION NO. 81-352, A RESOL',,!1'::,N APPROVING APIMT '
CHANGE ORDER NO. 2 17OR PROJECT NO. 017, COMMUN;TY PLA 01ELD PROJECT NO. 017
IMPROVEMENTS, SCHFDULE G, SEEDING/SOD CONTRACT, ADDING $716.00 COMMUNITY PLAYFIELDS
TO THE EXISTING CONTQAC,' PRICE (1F S1 4,681.rO. SCHEDULE G
Item 7-I-1*
Motion carried on a Roll Call rote, four ayes.
156-
e
Regular Council Meeting
June 1, 1981
Page 157
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO, 81-3535 A RESOLUTION APPROVING
CHANGE ORDER NO. 3 FOR PROJECT NO. 017, COMMUNITY PLAYFIELD IM-
PROVEMENTS, SCHEDULE 0-4, MISCELLANEOUS CONTRACT, DEDUCTIFIG
1,282.00 FROM THE EXISTING CONTRACT PRICE OF $2169286.70.
Motion carried on a Roll Call vote, four ayes.
MOTIOP! was made by Councilmember Host, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 81-3540 A RESOLUTION APPROVING
CHANGE ORDER NO. 1 FOR PROJECT NO. 017, COMMUNITY PLAYFIELD IM-
PROVEMENTS, UTILITIES CONTRACT, PHASE II, SCHEDULE B, DEDUCTING
29908.25 FROM THE ORIGINAL CONTRALr PRICE OF $17,085.75.
Potion carried on a Roil Call vote, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 81-355, A RESOLUTION APPROVING
CHANGE ORDER NO. 2 FOR PROJECT N0. 017, COMMUNITY PLAYFIELD IM-
PROVEMENTS, STREETS CONTRACT, SCHEDULE C. DEDUCTING $454.00
FROM THE EXISTING CONTRACT PRICE OF $147,505.01.
Motion carried oti a Roll Call vote, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 81-356, A RESG'.UTION APPROVING
CHANGE ORDER NO. 1 FOR 1981 STREET IMPROVEMENT PRklECT ADDING
19,025.15 TO THE ORIGINAL CONTRACT PRICE OF $479,173.25.
Motion carried cn a Roll Call vote, four ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 81-357, A RESOLUTION
AUTHORIZING PAYMENT ON REQUEST FOR PAYMENT NO. 5 AND FINAL
IN THE WUNT OF $101171.54 TO BARBER CONSTRUCTION COMPANY
FOR PrijJECT NO. 017, COMMUNITY PLAYFIELDS, SCHEDULE C. STREETS.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 81-358, A RESOLUTION
A1ITHORIZ'NG PAYMENT ON REQUEST FOR PAYMENT NO. 11 AND FINAL
IN THE AMOUNT OF X24.993.47 TO PROGRESSIVE CONTRACTORS, INC.
FOR PROJECT NO. 805, PINEVIEW LANE UTILITY AND STREE"'S.
Motion carried on a Roll Call vote, five ayes.
157-
RESGLUTION NO. 81-353
APPROVING CH NGE ORDER
PROJECT NO. 017
COMMUNITY PLAYFIELDS
SCHEDULE D-49 PHASE I
Item 7-I-2*
RESOLUTION NO. 81-354
APPROVIM CHANGE ORDER
PROJECT NO. 017
COMMUNITY PLAYFIELDS
SCHEDULE B. PHASE II
Item 7-I-3*
RESOLUTION NO. 91-355
APPROVING CHAW ORDER
PROJECT NO. 017
COMMUNITY PLAYFIELDS
SCHEDULE C, STREETS
Item 7-I-4*
RESOLUTION NO. 81-356
NG CH NU 6RDER
1981 STREET IMPROVEMENT
Item 7-I-5*
RESOLUTION N'J. 81-357
RE UEST TOR WYMENT
PROJECT NO. 017
COMMUNITY PLAYFIELDS
SCHEDULE C, STREETS
Item 7-J-1
RESOLUTION NO. 81-358
RE 00 E fW_nV9[?
ir_
PROJECT N0, 806
PINEVIEW LANE UTILITIES
b STREETS
Item 7-J-2
Regular Council Meeting
June 1, 1981
Page 158
MDT103 was made by Councilmember Schneider, seconde%1 by Council -
member Threinen, to adopt RESOLUTION NO. 81-3599 A h; ,,t,%vIION
AUTHORIZING THE CITY ENGINEER T4 PROCEED UNDER PROVISIONS OF
THE CONTRACT OCCUMENTS TU CORRECT DEFICIENCIES ON PROJECTS 801,
802, 908 AND (1119 SCHEDULE E, WHICH HAVE NOT BEEN COMPLETED BY
CONTRACTORS.
Motion carrier. on a Roll Call vote, five ayes.
MOTION was made by Councilmember Threinen, seconded by Council
member Schneider "to refe+m request for assessment reduction by
Harwood Heggen for Lot 10, Auditor's Subdivision No. 333, to
the Assessment Committee,
SUBSTITUTE MOTION was made by Councilmember Neils, seconded by
Councilmei0er Hoyt, to adopt RESOLUTION NO. 81-360, A RESOLUTION
REDI;'IK; SPECIAL ASSESSMENTS ON LEVY NO. 7658 AS THEY APPLY TO
PARCEL 24-118-22-31-0006 FROM THE ORIGINAL AMOUNT OF $16,841.50
TO THE AMOUNT' OF $91689.00,
Motion carried on a Roll Call Mote, Five ayes.
MOTION was made by Councilmember Neils, seconded by Council -
member hoyt, to adopt RESOLUTION NO. 81-361, A RESOLUTION
DEFERRING ASSESSMENTS FOR PROJECT 110. 329 AS THEY APPLY TO
PARCEL 24-118-22-31-OG06 UNTIL THE AREA EAST OF PROPOSED
REVERE LANE BEC6,MES BUILDABLE.
Motion carriers en a Roll Cail vote, five ayes.
Manager Willis introduced the request for installation of
800 feet of fence at the Plymouth Commuri;ty Playfield.
Bob Runnels, 344? Pilgrim lane, asked where the fenke would
start and where it would end and suggested the fence must be
brought as close to the street as possible to deter people
from grossing into the Tiburon area. He also asked that
Russian olive trees or Lombardy Poplars be planted about 30 feet
i;•om ;:he pleyfield along the fence., to cut down the noise. Mr.
Runnels stated the playfield lights have not been extinguished
ontii 10:45 or 11:00 p.m., and asked that the City ordinance be
enfcrced and the lights extinguished at 10:00 p.m. He responded
to Coljiie.il's questions regarding the problems residents of Tiburon
have had when games are scheduled on the playfields.
RESOLUTION
N0. 81-359
1 UTHORT TION TO
CORRECT DEFICIENCIES
PROJECTS 801/802/908
AND 017 - SCHEDULE E
Item 7-K
RESOLUTION NO. 81-360
Mu"MR,or MCCIAr,
ASSESSMENTS LEVY 7b58
Item 7-L
RESOLUTION
NO. 81-351
ffTERRTRu
ASSESSMENTS
FOR PROJECT NO. 829
Item 7-L
PLYMOUTH PLAYFIELD
REQUEST FOR FENCING
Item 7-M
Park Director Ble.nk stated Plymouth Playfield will nnt. be scheduled
for adult ballgames after the Fernbrc ok and tachary Lane Playfields
are o-ompleted. Councilmember Nei',s stated the Council will consider
the reque:,t for plantings along the fence at the time tie 1982 budget
is considered.
Sandy Moscoe, 3447 Pilgrim Lane, concurred with Mr, Runnel's state-
ments.
158-
Regular Council Meet i ung
June 1, 1981
Page 159
MG(IG14 was made by Cuuncilaw-iber Threinen, seconded
member Schneider, to adopt RESOLUTION NO. 81-361A A
APPROVING INSTALLATION OF APPROXIMATELY 752 FEET OF
PLYMOUTH COMMUNITY PLAYFIELD.
Motion carried on a Roll Call vote, five ayes.
by Council- RESOLUTION N0. 81.-361A
RESOLUTION APPROVING FENCIM—M
FENr,E AT PLYMOUTH PLAYF IELD
Teem 7-M
MOTION was made by Councilmember Hoyt, seconded by Councilmember
Schneider, to adopt ORDINANCE NO. 81-10, AN ORDINANCE RELATING
TO BUILDING PERMIT AND PLAN REVIEW FEES; AMENDING THE PLYMOUTH
CITY CODE SECTION 1015.11.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmr-mber Hoyt, seconded by Councilmember
Schneider, to adopt RESOLUTION N0. 81-362, A RESOLUTION REVISING
CITY COUNCIL P(Y.ICY RELATING TO THE MAINTENANCE, PRESERVATION,
REPRODUCTION AND DISPOSAL OF PUBLIC RECORDS AND DOCUMENTS.
Motion carried on a Rc!i Call vote, four ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
The Council reviewed the applications on file for appointment
to the Park and Recreation Advisory Commission and suggested
advertising for applicants in the City's official newspaper
for this vacancy and future vacancies on the City's Boards
and Commissions. The Council concurred.
MOTION was made by Councilmember 4oyt, seconded by Council -
member Schneider, to adopt RESOLUTION NO. 81-363, A RESOLUi'ION
ACCEPTING THE 1980 PARK AND RECREATION COMMISSION ANNUAL REPORT.
Motion carried on a Roll Call vote, four ayes.
The meeting adjourned at 11:55 p.m.
ORDINANCE N0. 81-10
RELATING TO BITfMG
PERMIT b PLAN REVIEW
FEES; AMENDING CITY
CODE SECTION 1015.11
Item 7-N'
RESOLUTIO`N N0, 81-362
REVISING POLICY R
MAINTENAICE, PRESERVA-
TION, REPRODUCTION AND
DISPOSAL. OF PUBLIC
PECORDS A DOCUMENTS
Item 7-0•
REVIEW OF APPLICATIONS
FOR PRAC VACANCY
Item 8-A
RESOLUTION N0. 81-363
ACCEPTING 1980 PARK d
RECREATION COMMISSION
ANNUAL REPO' T
Item 8.81,
zaj7
w'--
711-
t C e r cT
159-