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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-