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HomeMy WebLinkAboutCity Council Minutes 09-08-1981 SpecialPage 245 MINUTES SPECIAL COUNCIL MEETING September 8, 1981 A special rieeting of the Plymouth City CounciI was called to order by Mayor Vavenpor; at 7:40 p.m. in the Council Chamber; of the City Center at 3400 Plymouth Boulevard on September 8, 1981. PRESENT: Mayor Davenport. Counci lmembers ploy:, City Manager Willis,, Assistant Mana-ler Planner Tremere, Park Director Blan.;, Clerk Houk ABSENT: None CONSENT AGENDA Neils, Threinen, Schneider, Boyles, Engineer Moore, City Attornasy Lefler, City MOTION was made by Councilmember Neils, secorfed by Council - member Hoyt, to adopt the items on the consen°: agenda with the exception of PB and 8V. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Neils, secon.ied by Council - member Hoyt, to approve the minutes of the Ati-lust 24 regular Council meeting as submitted. Motion carrif.d on a Roll Call vote, five ayes. PRESENTATIONS Mayor Davenport stated that Henry P. Sahly was one of the founding fathers of Plymouth, serving on the Town Board and spearheading the movea..int to change Plymouth From a township to a village in 1155. He then served one tern as Mayor of the Village of Plymouth. The Mayor presented Mr. Saiily with an engraved silver bowl in recognition of his colitributions. State Senator Janes Ramstad and State !%eprese,itative Lon Heinitz were prel,-ent fo the presentation. Elle Ogden, Plymouth's eepresentative to the West Hennepin Human Services Planning Board, reported on that 3oard's goals for the next year, the services presently be;n3 provided in the County, and how the Board is funded. She asked the Council to continue its annual finar:cial support to the Board as well as endorse the Board's 1982 West Hennepin Area Social Service Priority List. 245- CONSENT AGENDA Item 4 MINUTES - REGULAR COUNCIL MEETING OF AUGUST' 24 Item 5• PRESENTATION - HENRY P. SAHLY Item 6-A PRESENTATION BY WEST HENNEPIN HUNAN SERVICES PLANNING REPRESENTATIVE councii meeting September 8, 1981 Page 246 MOTION was made by Councilmember Neils, seccrided by Coune 1- i:ESOLUIi0N N0. 81-559 member Hoyt, to adopt: RESOLUTION N0. 81-5599 A RESOLUT10ii 'UNTINI INF1 PL r' CONTINUING PLYMOUTH'S PARTICIPATION IN AND SUPPORT FOP. THE WEST PARTICIPA710h 6 SUP HENNEPIN HUMAN SERVICES PLANNING BOARD and authorizing the OF WEST HENNEPIN HU expenditure of .•,1,201.00 as the City's 1982 contribution. SERVICES PLANNING 6D, Item 6-B Motion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS City Manager Willis stated this is a request from Whittar Industries Ltd. for $3,200,000 in Industrial Development Revenue Bond financing to expand its company and as a result to provide additional employment opportunities in the city. This request i^eludes the purchase or equipment in the amount of $1,210,000. Manager Willis recommenced the issue of bonds be limited to 2,340,000 and the balance be contributed by Whittar as equity. Mayor Cavenport opened the public hearing at 8:02 p.m. PUBLIf. HEARING - WHITTAR INDUSTRIES REQUEST FOR $39200,OA0 IORB FINANCING Item 7-A Melvin Jester, President of Juster Steel, the subsidiary of Whittar Indust ies dein; expanded, stated that the request includes the purchase: of equipment as he believes this equipment is necessary to the operation uf the huriness. Mayor Davenport pointed out that the Council's policy is that the rcG:,est;ng company provide equity of some amount. Mr. 1:. J. Sams, Contruller of Juster Steel, stated that the bonds issued to the company in 1976 were for 100% financing. Mr. Juster ointed o it that. the company has add.01 a substantial amount of equipment, whicri is considered eouity, since the last bund is:;ue. Councilmember Nei' stated that the Council is hesitant to include any items which ,fir not par: of the real estate, such as the building and permanently l 4 l led equi pmeot like cranes. He asked if this was tc be a mortgai orid to be sold to the original bond polder. Mr. Sams answered tP it .he Continental Illinois 5atik, which was the purchaser of their lyla issue, proposes to acquire this issue also. The public hearing wdt, 0 osed at 8:18 p.m. MOTION was made by Counc cher Nei Is, seconded by C..uncilmer: Schneider, to adopt Pr SOL . ', NCS. 81-56C, A RESOLUTION r '1NG PRELIMINARY APC';OVAL It, A r1RuJLCT UNDER 'HE MUNICIPAL ;u, • . ' 4. DEVELOPMENT ACT: RL ri.ZR I NG THE PROPOSAL TO Tilt COMMIS$ IONL:% JI - SECURITIES FOR APPROVAL : AND AUT40RIZING EXECUTION OF A MEMORAN- DUM OF AGREEMENT AND PRIPARA TION OF NECESSARY DOCUMENTS in the amount of tx"', 340,000 ti: Include bu i 1 d i ng and -)verhead cranes. Motion carried on a Roll Call vote, five eyes. c4b- Jl !ON N0. 81-56n fRINARY-'APPRMC 1 ISSUANCE OF IDRB 1"t, WHITTAR INDUSTRIES ein 7 -A Special fCouncil Meeting September 8, 1981 Page 217 Mayor Davenport asked Mr. Juster to use the City of Plymouth as his mailing address on his firm's letterhead instead of Minneapolis. City Manger Willis stated that this is a public hearing on the restriction of access to Medicine Lake at 28th Avenue and Ever- green Lane. This was brought to the Council a month ago at which time the City Manailer asked the Council to consider closing access tc vehicles. Manager Willis stated that access could be limited to pedestrians which could considerably reduce the reported vandalism to the adjoining pro;aerties. Mayor Davenport opened the public hearing at 8:25 p.rrr. Mark Wersal , representing Jim and Va) Lai.er, stated his clients are asking that the boat access be block(id to vehicles but continue to allow access to pedestrian traffic. Ve pointed out problems the Lauers have experienced and tr.e fact. that the problems will con!inue to grow as more people become aware of the access. Manager Willis stated that the access rias previously closed by the City but the neighbors criplained about the lack of access and the posts were removed. John `cioidscn, 116U5 28th Ave. N., stated tha:,'he blocking of the access :.9.1u d decrease the value of hi!. property. He was told at the time he purchased the property that this wai; rrrbl c access. lie also stated that he only recei vcid notice o` th'. s Z^ari ng three days ago and he cidn't belie re this was adequt .e time to prepare a statement. He presented the Council with pictures )e has taken over the past several years showing the lauer's encroachment onto the ,access. Larry Frekin , 11805 - 28th AVE- N. , presenti.•J letters signed by Mr. R Mrs. Claude Hei sch a iii Mr. & Mrs. :ob?r•t Jensen objecting i -o the proposed closing an' s;,oke again:;t the closing himself'. F.d Kerschke, Chairman of the Association of Medicine Lake Areo U -T zed ns, spoke frr the association in orpusition to the proposed closing. Jahn Mullan., 11845 28th Ave. N., stated that his family uses the ac.ess and did not want it closed off. Jim Lauer, 2810 N. Evergreen Lane, stated lie bought his property Four years ago never anticipating the problems that have develr"rJ. Hestated that the neighbors are not the problem, br.t the people who come in from autside the neighborhood cause the litter and vandaIfsm. The public hearing was closed at 8.47 p.m. PUBLIC HEARING - REQUEST FOR RESTRICTION IF ACCESS TO MEDICINE LAKE AT 28TI; AVE . & EVERGREEN L ,;NE Item 7-B Counci lmem!rer llnyt asked the Marr,rrrer how wi d -e the neess was. lie answered that it wtis approximately Fight Meet of gravel with a grassy condition o r botit s1des of this, Councilmember Neils stated that: since the (.aures were aware of the acct ss at. the time they l u`CItA5f!d their property, they have a reslao rsibiltty to protect their own propert but not to encroach or pr ,lent the use of thr: public easement Ile added that the City 010d not provide this prgtection. bpeciat uric' meeting September 8, 1981 Page 248 MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, that no action be taken by the Council to close or restrict the use of this access because there would be a. decrease in land values if access were to he restricted and the fact that the property owners were tola there would be access to the lake when they bought their homes. Mayor Davenport stated that the Lauers have a problem and asked 14r. kerschke to make the members of the Association of Medicine Lake Area Citizens aware of the situaci on. Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Manager Willis stated that is requesting an increase 1,250,099 The request was anticipated when they added he believes this is Council approval. Aggressive Investors (Watt -Peterson, Inc.) in their I.D.R. f i n,jnci ng from $950,000 to is a resuit of bids -oming in higher than first came to the Council in July. He an appropriate request and recommended MOTION was made by Cnuncilmember Hoyt, seconded Cy Councilmember Neils, to adopt RESOLUTIGN NO. 81-561, A RESOLUTION RELATING TO 1,2500000 INDUSTRIAL DEVELOPMENT REVENUE NOTE; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 for Aggressive Investors (Watt -Peterson, Inc.). Motion carried on a Roll Call vote, five ayes. Manager Willis introduce` .he request to approve a land use Sutde plan amendment, rezonin(;, preliminacw site plan an -i plat dnd vari.nces for Robert Middlemist 6th Addition. Con,`:Ii iember Schneider asked about acceleration and deceleration ltalte% -.rid wby they were not included in the 1,.reliminary plan. Engfi;iri; v Moore answered that these would be included i n the final plat. Robort Mddlemist, 4140 Ximines Lane, Ftatead that these lanes were a ro:a tie)ng use:is lie added that streets and public improvements wi l : be i nst,:l led next spring. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt: RESOLUTION NO. 81-562, A RESOLUTION APPROVING RECLASSIFICATION OF LAND USE GUIDING FOR ROBERT MInDLEMIST FOR PROPERTY AT THE NORTHEAST CORNER OF ZACHARY LANE AND COUNTY ROAD 9 FROM PUBLIC/SEMI-PUBLIC AND LA -1 (LOW DENSITY RESIDENTIAL) DISTRICT TO LA -2 (LOW MEDIUM DENSITY RESIDENTIAL) DISTRICT (61041) Motion carried on a Pali Call vote, five ayes. 248- RESOLUTION We 81-561 INCREASING AGGRESSIVE INVESTORS I.D.R. FROM 950,000 •o $1,250,000 Item 8-A RESOLUTION NO. 81-552 APPROVI% SS MA - TION OF LAND USE GUIDE FOR ROBT. MIDDLEMIST PROPERTY (41041) Item 8-B L pec a i I'll September p., 1991 Page 249 MOTION was made by Counclimember Neils, seconded by Councilmember Threinen, to adopt nEaOLUTION NO. 81-5639 A RESOLUTION APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN/CONDITIONAL USE SITE PLAN FOR' ROBERT MIDDLEMIST 6TH ADDITION AND REGARDING REZrNING FOR THE PROPERTY AT THE NORTHEAST CORNER OF ZACHARY LANE AND COUNTY ,COAD 9 (81041). Motion carried on a Roll Call vote, five ayes. MOTION was made by Crunc-1 lt6lamber Neils. seconded by Coutici 1 member Hoyt, to adopt RESOI 17ION NO& 81-56.11, A RESOLUTION APPROVING LOT CONSOLIDATION I,5%t EYISTING PLATTED LOTS FOR ROBERT McAULIFFE (81051) . Motion carried on a R!:11 :all vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-564A, A RESOLUTION SETTING CONDITIONS TO BE MET PRICK TO FILING ANU kEGARDING LOT CONSOLIDATIONS FOR ROBERT McAULIFFE (81051). Motion carried on a Roll Call vote, five ayes. Manager Willis stated that this is a request from Arnold Palmer for a variance from City Code and established policy requirements for the purpose of developing the land to the north and east of Pomerleau Lake. The Parks and Recreation Advisory Cominission has recommended that this request be deferred until a decision is made by the Council on whether or not to use this property for a community park. Eric Blank, Park Director, showed slides of the area and the possible park use. Rick Sathre, representing Arnold Palmer, road ystem could be put in this year if division. The holding up of a decision, Mr. Palmer's plans$ stated that the private the Council approved the would be detrimental to Arnold Palmer, 117 Paisley Lane, stated that he has put several years of planning into this project so far. Any delay would set it back another year. Mayor Davenport stated that Mr. Palmer was well aware that this property was outside the Metropolitan Urban Service Area when he bought it and a variance would have to be approved by the Council for the land to be developed. The Council feels there is a respon- sibility to direct development where there is sewer and water hook up available. Councilmember Neils stated that independent of the park issue is the question of future development of Fernbrook Lane and how it will be assessed. Mr. Palmer stated he only wants the Council to take a vote on whether or not the ,roperty will be developed as a park so he can proceed with his olm plans. He added he feels the City is trying to stall him. ThF Mayor answered that the question is one of Mr. Palmer's interests versus those of future residents of the area. 149- OL UT I 0'N N0. 81-56PRELY PLAT aSITE PLAN FOR ROBT. MIDOLEMIST 6TH ADDITION (81041) Item 8-B RESOLUTION N0. 81-564 APPROVING Lot S - DATION FOR ROBERT McAULIFFE (81051) Item 8-C* RESOLUTION N0. 81-564A SETTING CONDITIONS REGARDING LOT CONSOLIDA- TIONS FOR ROBERT McAULIFFE (81051) Item 8-C* RCQUESTEO VARIANCE FROM SUBDIVISION ORDINANCE FOR ARNOLD PALMER 81034) I t e!,, 8-0 September 8, 1981 Page 250 Councilmember Hoyt stated that the City staff doesn't wish to stall Mr. Palmer but the park consultant's report wasn't presented to the staff until mid-June and its length r3qui red a good deal of time to study. Councilmember nireinen stated that development in this area is premature and projected future park needs require long study and the acquisition of shore line has been an adopted objective of the NOTION was made by Councilmember Neils to adopt, a resolution approving this subdivision. Motion dies for lack of a second. MOTION was made by Councilmember Threi nen, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 81-565, A RESN-UTICN DEFERRING FINAL ACTION ON VANIANCE REQUEST F,Y ARNOLD PALMER 81034) for land north and e4st of Pomerle;ju Lake until such time as the Council has seen and studied the Comprehensive Park Plan. There will be a joint Council -Park and Recreation Advisory Commission meeting September 16 at which time this item will be discussed. Motion carried on a Roll Cal; vote, four ayes. Counciimember Neils voted nay. Park Director Blank stated that the Comprehensive Park Plan will identify future park site to avoid similar situations in the future. MOTION was made by Councilmember Neils, seconded by Councilmember Schneider, to direct staff to provide the engineeri;rg information necessary to plan for the future Fernbrook Lane where it abuts this property. Motion carried, five ayes. Manager Willis stated that this reluest Development plan for Plymouth Hills, 3rd layout of this outlot, substitute a bank and create several separate parcels with adjacent streets* is a rEvised Planned Unit Addition to redesign the for an office building multipl'e accesses onto 0. C. Knutson, representing the developer Frank La, -sen, stated that this property can best he developed by dividing the land into 5 or 6 lots as proposed. The a,velopier also feels there should be more than two accesses to .3tn, frith a+. minimum of three. Councilmember Neils stated that the original plan called for an office park area plus an auto catle center. The requested change would develop the parcel into five or six lots which would require additional curh cG•t,. An internal cul-de-sac could take care of the proposed smaller lots. Mr. Knutson requested pian approval of 37th and Vicksburg with driveway plan approval was needed now bacause ment immediately. City. E RESOLUTION NO. 81-565 FINALDEFERRINGAMN ON VARIANCE REQUEST 3Y ARNOLD PALMER (81034) Item 8-D REQUESTED REVISION - PLYMOUTH HILLS 3RD AC's (TION (81032) Item 8-E for it bank site for the corner modifications and emphasized that the bank is ready to start develop- 250- A a d r September 8, 1181 Page 251 Discussion was held ori the question of dri veNvays, accesses off of 37th, access to Vicksburg, and the required '$5 foot setback. MOTION was made by Cnuncilmomber Neils, seconded by Councilmember Hoyt that further deliberation of the preliminary plat by the Council be conditioned on there bring no access to Vicksburg Lane. Motion co;-ried, five ayes. M0."ION was made by Councilmember Neils, sectindti b, Councilmember Schneider, that further cons i dera; i or. of this p ret i mi nary plat be based on reas.nabie spacing of private access drives onto 37th Ave. Motion carried, five ayes. MOTION was made by Councilmembar Neils, seconded by Councilmember Schnei4e r, that internal circulation patterns be redesigned to include a private drive:, constructed to City street standards, from one of the curb cuts on 37th to one of the accesses on Plymouth Bo0evarde Mayor Davenport stated that he did not want to sele torr much building put on too little site and asked the develol tir to honor setback requ.rements, Motion carried, five ayes. MOTION was made by Cotrracilmember Schneider, seconded by Counc' ;rember Neils, to add a ninth condition: a financial or bank use is auchorized ds a substitution for a previously approved financial institution and that the developer submit a rc vised plan showing the substitution. Motion failed. Mayor Davenport abstained and Counrilmembers Hoyt and Threinen voted nay. The Mry or stated he abstained because his law f irm previously represented the bank in its purchase of this property and this may constitute a con4lict of interest. Discussion was held on the number of banks being proposed for this development and whether this is desirable. Fran'e Larscn pointed out that these are detached facilities and not largE bark buildings and competition will decide the number of banks which get built in the area. He repeated the request for plan approval of a bank site at the corner of 37th and Vicksburg tonight because of the bank's desire to start development immediately. MOTION was made by Councilmember Neils, seconrlid by Councilmember aESOLUTION NO. 81-566 Threinen, to adopt PCINOLUTION N0. 81-566, A RI.'iOI.UTION APPROVING APROVING REV S!ON To REVISION TO PLANNED UNI I"cVELOPMENT PLAt AWL' "RELIMINARY PLAT PUD FOR PLYMOUTH HILLS FOR PLYMOUTH HILLS 3RD ADDITiC" FOR PLYMuU':i HiLLS ClIMPANY (81032) 3RD ADDITION (81032) changing the third condition to re,.4: "Pri at r drive access unto Item 8-E 37th Ave. N. shall he finalized with s;'Q plan approvals and the 1ccess drives shall be reasonably spaced ai14 coordinated with aLcess points for future development on the souL tide of 37th Ave. N.'; and adding the following to the seventh conditt0h: "the revisielrs shall include a private road, built to City street standards from an access onto 37th Ave. N. to an access onto Plymouth Blvd." MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, to amend by adding a ninth condition as follows: "approval is for she First National Bank of Wayzata only and the site will revert to office use if it is not used by the First National Bank of Wayzata." 251- UVuslull r September 8, lab' Page 252 Motion to amend carried on a Roll Call vote, three ayese abstain A and Councilmember Schneider voted nay. Councilmember Schneider left the table. M iyor Davenport Motion on the resolution as once amended carried on a Roll Call vote, three ayes. Mayor Davenpor' abstained. Councilmember Schneider returner c the table. MOTION was made by Councilmember 4.11s, seconded by Councilmember Hoyt, to adopt RESOLUTION I'aa. 81-5679 A RESOLUTION AUTHORIZING REDUCTION OF SITE PERFORMANCE BOND FOR K. Be DEVELOPMENT COMPANY II (80037) from $116,655.00 to $20,000.00. Mution carried on a Roll Call vote, five ayes. MOTION was made by Cnu,ncilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-568, A RESOLUTION ESTABLISHING POLICY AND CRITERIA FOR THE ADMINISTRATIVE REVIEW AND APPROVAL OF OUTSTOE ACCESSORY FUEL STORAGE FACILITIES IN THE NON- RESIDENTIAL ZONING DISTRICTS. Motion carried on a Roll Call vote, five ayes. RESOLUTION N0. 81-567 45TRURIZING REDUCTrON OF SITE PERFORMANCE BOND FOR K.B. DEV. CO. 80037 ) Item 8-F* RESOLUTION N0. 81-568 ESTABLISH I G ICY 8 CRITERIA FOR OUTSIDE FUEL STORAGE FACILITIES Item 8-G* City Manager Willis stated that the Fire Relief Association has REVISIONS TO FIRE retained an actuarial consultant to determine the various costs, RELIEF ASSOCIATION associated with pension benefit revisions, to make the fund BY-LAWS actuarially sound. The Relief association's committee requested a pension of $300 per month. The City Manager, after considering pension rates in comparable communities, recommended $230 per month. The Manager addressed the question of "double dipping", drawing a double pension for the same work, and suggested the followinbe added to the AssociAtion's agreement. Article VII, Section 5( aq} and (b): The foregoing provision sh,-!11 not apply to persons retired or retiring from this A,sociation prior to October 1, 1981. Glen Kivl , representing the Relief Association, stated that the fire- fighters have voted for the $300 per month pension. He added that if there is a point of convention with the City Manager, it is on the disbursements of special fund monies. There is a State Relief Assoc- iation conference each near which the Association would like to use special fund money to a,:tend. The City Manager believes that such expenditures take money from the special fund which should be directed to payment of benefits. Manager Willis cautioned that any shortfalls in the special fund mus•: be covered by the City. Mr. Kivley also qQestioned the composition of the Association's Board of Trustecs. The City Manager recommended that the Board consist of s;-, trustees plus the Fire Chief, Mayor, Manager and Finance Di rc-ctor as provided for in special state law for the City of Plymouth. Mr. Kivley expressed some concern about the difficulty of making a quorum with a ten member Board and suggested that the by -lbws providt, that five trustees constitute a quorum. Mr. Kivley stat7d that the Pr sildent, Secretary, and Treasur r all it many hours nto the ,oc ation and their pay has been minimal. 211% AP HU11MVIS9 MetAl d i j$Tonmo,"MdcHI dtgemi nedtel i , the R- es re L -1 a ` , su 11{. . _; , IIV September 8, 1981 Page 253 MOTION was made by Councilmember Schneider, seconded by Councilmember Hoyt, to approve the City Manager's recommendation that monthly service pensions be incr•oased from $170 to $230 effective October 1, 1581. Motion carried, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmnmber Schneider, to approve the City Manager's recommendations with the exception that the aggregate officers' salaries not exceed $1,000 without specific action of the Council. Motion failed on a Roll Call vote. Threinen and Hoyt voted nay. Mayor Davenport and Councilmembers MOTION was made by Councilmember Hoyt, to add "the president's, secretary's, and treasurer's salary shall not exceed $1,000 without conse:tl of the Council" to Article VII, Section 4. Motion dies for lack of a second. MOTION was made by Councilmember Schneider, seconded by Councilmember Neils, to place an annual limit of $2,000 ;:o be drawn from the special fund to pay salaries of the President, Secretary 8 Treasurer and to provide funding to attend the annual conference. No finds in excess of $2,000 may be drawn without City Council approval. Motion carried, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, to change "function" to "meeting" in Article VII, Section 4 of the by-laws. Motion carries;, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, ;o add "All claims of physical or mental handicap shall be subject to verification by the attending leiief Assoc':tion physician and approved by majority vote of the Boar I. Decisions of tht Board with respect to any determination regardiou Phys*cal or mental handicap, or subsequent review, shall be final" to Article VII, Section 6 of tl,e by-laws. Motion carried, five ayes. MOTION was mace by Councilmember Threinen, seconded by Mayor Davenport, to change "a majority" to "five" in Article V, Section. 4 of the by-laws. Motion carried, five ayes. MOTION was made by Councilmember Sc.ineider, seconded Neils, to change the dollar amounts in Article VIII, 111.50 per month for each complete year of service per month" and Article VIII, Section 2 to "Lump sum per year of service not to exceed an amount greater 30 years service." Motion carried, five ayes. 253- by Councilmember Section 1 to not to exceed $345.00 Pension of $1,150.00 than $34,500.00 for September 8, 1981 Page 254 MOTION was made by Mayor Davenport, seconded by Councilmember Hoyt, to add "Such benefits shall ,ie integrated with any benefits received from the Minnesota PubV c Employees Retirement Association PERA) for Police Officers and Firefighters" to Article IX, Section 1 of the by -lazes. Motion carried, five ayes. MOTION was made by Councilmember Schneider, seconded by Counciluember Hoyt, to delete "affects benefits paid from" and acid "creates any expense or liability to" from Article XII of the by-laws. Motion carried, five ayes. MOTION 4as made by Councilmember Hoyt, seconded by Councilmember Threinen, to add "the foregoing provision shall not apply to persons retired or retiring frog this Association prior to October 1, 1981" to Article VIII, Section 5 of the by-laws. Motion carried, five ayes. MOTION was made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION N0. 81-560, A RESOLUTION ADOPTING REVISED PENSION BENEFITS AND BYLAWS FOR THE PLYMOUTH VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION as amended. Motio-+ carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-570, A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR STREET LIGHTING in the amount of $94,258.03. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Fioyt, to adopt RESOLUTION N0. 81-5719 A RESOLUTION DECLARING CRST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE DELINQUENT SANITARY SEWER SERVICE CHARGES AND DELINQUENT WATER SERVICE CHARGES in the amount of 59,611.16. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Cou icilinember Hoyt, to adopt RESOLUTION NO. 81-572, A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PRLPARATION OF PROPOSED ASSESSMENT FOR WEED ERADICATION AND DESTRUCTION CHARGES in the amount of $70072.56. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-573, A RESOLUTIONi DECLARING COST TO BE ASSESSED AND ORDERING PREPRATION OF PROPOSED ASSESSMENT FOR THE REMOVAL OF DISEASED TREES in the amount of $14,238.68. Motion carried on a Roll Call vote, five ay 4- L RESOLUTION N0. 81-569 AUOPTIA'G TWWiON BENEFITS & BYLAWS FOR FIRE RELIEF ASSOC. Item 8-H RESOLUTION N0. 81-57 DEMARING ASSESSMENT ORDERING PREPARATI OF ASSESSMENT ROLL STREET LIGHTING Item 8-I-1* RESOLUTION N0. 81-571 DECLARING ASSESS A ORDERING PREPARATION OF ASSESSMENT ROLL DELItIQUENT UTILITIES Item 8-I-2* RESOLUTION N0. 81-572 DECLARING ASSE5SHENI ORDERING PREPARATION OF ASSESSMENT ROLL WEED ERADICATION item 8-I-3* RESOLUTION N0. 81-51 NCLAR'ING AnESSMENT S ORDERING PREPARATI OF ASSESSMENT ROLL DISEASED TREE REMOVAI. Item 8-I-4* Special Council Meeting September 8, 1981 Page 255 MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NU. 81-5749 A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE DEMOLITION OF HAZARDOUS STRUCTURES in the amount of $6,930.00. Motion carried ;n a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-575, A RESOLUTION CALLING A HEARING ON PROPOSED ASSESSMENT, STREET LIGHTING, for September 28, 1981 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO, 81-516, A RESOLUTION CALLING A HEARING ON PROPOSED ASSESSMENT, DELINQUENT SANITARY SEWER AND WATER SERVICE CHARGES, for September 28, 1981 at 7:30 p.m. Mot'on carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO, 81-577, A RESOLiTION CALLING A HEARING ON PROPOSED ASSESSMENT, WEED ERADICATION AND DESTRUCTION CHARGES, for September 28, 1981 at 710 p.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-578, A RESOLUTION CALLING A HEARING ON PROPOSED ASSESSME;T REMOVAL AND DESTRUCTION OF DISEASED TREES, for September 28, 1981 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Counzilmember Hoyt, to adopt RESOLUTION N0. 81-579, A RESOLUTION CALLING A HEARING ON PROPOSED ASSESSMENT DEMOLITION 077 HAZARDOUS STRUCTURES, for September 28, 1981 at 7-30 v.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt, RESOLUTION N0. 81-560, A RESOLUTION CALLING A HEARING ON PROKISED SUPPLEMENTAL AS D:SSMENT, PROJECT 829, PILGRIM LANE, for September 28, 1981 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N0. 81-5811 A RESOLUTION ACCEPTING PETITION FOR PUBLIC IMPROVEMENTS PROPOSED BOSSMAN ADDITION. Motioii carried on a Roll Call voce, five ayes. 255- RESOLUTION N0. 81-574 8 ORDERING PREPARATION OF ASSESSMENT ROLL BUILDING DEMOLITION Item 8-I-5* RESOLUTION 1109 81-575 CALLIK HEARING ON PROPOSED ASSESSMENT STREET LIGHTING Item 8-J-1* RESOLUTION N0. 81-576 CALLING HEARIC ON PROPOSED ASSESSMENT DELINQUENT UTILITIES Item 8-J-2* RESOLUTION N0. 81-577 NG PROPOSED ASSESSMENT WEED ERADICATION Item 8-J-3* RESOLUTION N0. 81-578 CALLI-NG HEARING ON PROPOSED ASSFSSMENT DISEASED TREE REMOVAL item 8-J-4* RESOLUTION NO, 81-579 CALLING HEARING ON PROPOSED ASSESSMENT BUILDING DEMOLITION Item 8-J-5* RESOLUTION: N0. 81-580 CALLIM InEARING PROPOSED SUPPLEMENTAL ASSESSMENT, PROJECT 829 PILGRIM LANE Item 8-J-6* RESOLUTION N0. 81-581 CCETIGP 0 FOR PUBLIC IMPROVEMENTS BOSSMAN ADDITION Item 8-K-) bpeciaj Lounciimeeting September 8, 1981 Page 256 MOTION was made by Councilmember Neils, seconded oy Ciuncilmember Threinen, to adopt RESOLUTION NO. 81-582, A RESOLUTION ACCEPTING PETITION FOR PUBLIC IMPROVEMENTS, PROPOSED ROCKFORG SfUARE ADDITION. Motion carried on a Roll Call vote, five ayes. Councilmember Needs stated that if the Rockford Suvare development proceeds, lot 3. block 2 would be assessed togethe^ with the re- mainder of the plat for construction of 45th. RESOLUTION N0. 81-582 PUBLIC IMPROVEMENTS ROCKFORD SQUARE ADD Item 8-K-2 MOTION was made by Councilmember Schneider, seconded by Council- PETITION CONCERNING member Hoyt, to accept the petition concerning safety on larch SAFETY ON LARCH LANE lane from County Road 9 to Hamel Road and put in on file. Motion carried, five ayes. MOTION was made by Cnuncilmcnnber Neil3, seconded by Councilmember Hoyt, to adopt RESOLUTION N0. 81-5839 A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGIiTING - ZACHARY HILLS 2ND ADDITION. Motion carried on a Roll Call vote, four ayes. Cou nc i I member Neils abstained. MOTION was made by Councilmember Neils, seconded by Councilmeml-er Hoyt, to adopt RESOLUTION NO. 81-584, A RESOLUTION DECLPRING ADEQUACY OF PETITION AND ORDERING PREPARATION Or REPORT, STREET LIGHTING - CRITERION M.P.U.D. (39 RESIDENTIAL LOTS). Motion carried on a Roll Call vote, four ayes. Councilmember Neils abstained. MOTION was made by Coumcilnremher Veils, seconded by Counc:lmember Hoyt, to adopt RESOLUTION N0. 8!-585, A RESOLUTION ADOPTING ASSESSMENT P.I.N. 2-llti-22-32-OOU2 - PROJECT N0. 806 in the amount of $7,341.28. Motion carried on a Roll Call vote, five ayes. MOTION was made by Coun,,.ilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N0. 81-586, A RESOLUTION DESIGNATING TRACT C. REGISTERED LAND SURVEY N0. 1540 TO BE STREET RIGHT OF WAY. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTIJN NO. 81-587, A RESOLUTION REDUCINGS DEVELOPMENT BOND, BURL OAKS ADDITION (A-792) Motion carried on a Rola Call vote, five ayes. 256- RESOLUTION N0. 81-583 RINGOF REPORT -STREET LIGHTING ZACEIARY HILLS 2ND ADDN, Item 8-M.,1* RESOLUTION N0. 31-584 REPORT-;,TREET LIGHT CRITERION F'.P.U.D. 39 RESIDENTIAL LOT Item t -M-2* RESOLUTIONION N0. 81-585 TlliRG'ASSESSRUNTi PROJECT W0. 806 PITY 2-118-22-32-0002 RESOLUTION 81-586 TRACT T LAND SURVEY N0. 1540 STREET R IGH'i OF UW',Y, Item 8-0* RESOLUTION IVU. 81-587 REDUCTNG LITPRW BOND-PJRL OAKS ADDN. A-792) Item 8-P-1* Special Council Meeting September 8, 1981 Page 257 NOTION was made by Councilmember Hoyt, seconded by Councilmember RESOLUTION NO. 81-588 TI,reinen, to adopt RESOLUTION N0. 81-5889 A REQUEST FOR PAYMENT PAYMENT NOo 2 & FINAL N0. 2 AND FINAL, COMMUNITY PLAYFIELD IMPROVEMENTS, PH. :I, COMMUNITY PLAYFIELD SCHEDULE Co PROJECT NO. 017 in the amount of $30,625.35 to PROJECT Nno 017 Barter construction Company. Itein 8-Q- I Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Counc.lmember RESOLUTION NO. 81489 Threinen, to adopt RESOLUTION NO. 81-589, A REQUEST FOR PAYMENT PAYMENT Nth. 8 AND FINAL, .ARCH LANE IMPROVEMENTS, PROJECT N0. 806- LARCH LANE IMPROVEMENTS in the amount of $9,644,66 to Jerome Begin Contracting Cc. PROJECT N0. 802 Item 8-Q-2 Motion carried on a Poll Call vote, five ayes. MOTION was made by Cot,ncilmember Noyt, seconded by Councilmember RESOLUTION N0. 91-590 Threinen, to adopt RES%UTION NO. 81-590, A RFQUEST FOR PAYMENT PAYMENT Non 11 1 FL N0. 11 AND FINAL, FERlIr'ROOK LANE123RD AVENUE/26TH AVENUE FERNBROOK LANE/23RD IMPROVEMENTS, PROJECT IL`. 702,(905/909 in the amount of AVE./26TH AVE. IMP. 20,357.29 to C. S. McCrossan, Inc. PROJECT N0. 702/905/909 Item 8-Q-3 Motion carried on a Roll fall vote, five ayes. MOTION was made by Counciliwnber Hoyt, seconded by Councilnmmbev RESOLUTION NO. 81-591 Threinen, to adopt RESOLUTION NO. 111-591, A REQUEST FOR PAYMENT PAYMENT'RL. NO. 3 AND FINAL, CITY CENTEM EXPAN:>ION SPACE REMOUELING, CITY CENTER EXPANSION PROJECT NO. 026 1;1 the amount cf $4:725.95 to Knutson PROJECT N0. 026 C%-vistructi on Company. Item 8-Q-4 Motion carried on a Rall Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember RESOLUTION N0. 81-592 Hoyt, to adopt RESOLUTION N0. 81-592, A RESOLUTION AUTHORIZING AUTHORIZING QLI S FOR REQUEST FOR PAYMENT, COUNTY ROAD 15 BIKEWAY, PROJECT 708 in PAYMENT, C.R. 15, BIKEWAY the amount of $9,967,97 to C. S. McCrossan, Inc. PROJECT 708 Item 8-Q-5* Motion carried on a Roll Cal', vote, tiive ayes. MOTION was made by Councilmembet Neils, seconded by Councilmeriber RESOLUTION N0. 81-593 Hoyt, to adopt RESOLUTION N0. 81-5930 A RESOLUTION ORDERING G PUBLIC HEARING ON THt PROPOSED VACATION OF UTILITY AND ON PROPOSED VACATION DRAINAGE EASEMENTS ON THE COMMON LOT LINE OF LOTS 3 AND 4, BURL OAKS ADDITION BLOCK 1, BURL OAKS ADDITION for October 5, 1981 at 7:30 p.m. Item 8-R* Motion carried on a Roll Call vote, five ayes. A letter was received from Howard 1. Hunt, Vice president of LETTER FROM HANS HAGEN Hans Hagen Homes, on the status of the utilities installati HOMES - UTILITIES IN in the Amhurst Addition. This was an informational item anu AMHURST ADDITION no action was taken. Item 8-S MOTION wa•. made by Councilmember Neils, seconded by Councilmember RESOLUTION NO. 81-594 Hoyt, to aaopt RESOLUTION y0. 81-594. A RESOLUTION ORDERING ORDERING PUBEIC HMING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF 24TH ON PROPOSED VACATION AVENUE IN REARRANGEMENT IN MEDICINE LAKE PARK 3RD ADDITION for MEDICIND LAKE 3RD ADON, October 5, 1911 at 7:30 p.m.. Item 8-T* Motion carried on a Roll Call vote, five ayes. Special Co;incil Meeting September 8., 1981 Paye 258 MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO. 81-595, A R"SOLUTION AWARDING CONTRACTS FOR GENERAL SITE IMPROVEMENTS AT EIST MEDICINE LAKE BEACH in the amount of $122,434.99 to U. D. Contracting Inc. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt. seconded by Councilmember Threinen, to adopt RESOLUTION N0. 81-595A9 A RESOLUTION AWARDING CONTRACTS FOR BATH HOUSE AND BOAR^WALK CONSTRUCTION FOR EAST MEDICINE LAKE BEACH in the amount of $82,239.00 to Maertens- Brenny Construction Company. Motion carried on a Roll Call vote. five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESJ!_UT4'3N N0. 81-5969 A RESOLUTION APPROVING CHANGE ORDER NO. 1, PROJECT N0. 106 & 108, NE I GH11ORNOOD PARKS in the amount of $420.00 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt. to adopt RESOLUTION NO. 81-597, A RESOLUTION APPROVING BINGO PERMIT TO ST. MARY OF THE LAKE for thr Crtntry Fair on October 24 and 25. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N10. 81-598, A RESOLUTION APPROVING RENEWAL OF ON -SALE NON -INTOXICATING FIALT LIQUOR LICENSE FOR 1981-1982 for Timothy James Spencer dba G. Willy's Pizzeria, 3431 C.R. lb. Motion carriatv on a Roll Call vote, five ayes. MOTION was mace by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-599, A RESOLUTION APPROVING DISBURSEMENTS FROM THE GENERAL FUND, WISTRUCTION FUND, UTILITIES FUND, HOUSING 4149 REDEVELOPMENT AUTHORITY. AND SPECIAL ASSESSMENT FUNDS IN Tr!'z ANDJNT OF $2,161,260.13 for the period ending August 31, 1981. Motion carried in a Roll Call vote, five ayes. REPORTS OF OFFI;ERS, BOARDS AND COMMISSIONS The major areas of change between the 1981 and 1982 adopted budgets were identified. No action was taken. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adapt ORDINANCE NO. 81-19, AN ORDINANCE RELATING 1'0 PUBLIC SAFETY BY AMENDING THE FIRE PREVENTION CODE TO Ano SECTION 405.15 THERETO creating an appeals procedure to interpretations of the 1979 edition of the Uniform Fire Code, Mrtion carried on d R01 Call vote five a k.s. RESOLUTION NO. 81-595 AWAMIN9 EONTRAZ797M SI TF IMPROVEMENTS AT EAST MEDICINE LAKE 8 Item 8-U RESOLUTION N0. 81-5"5A AW- CONTRACTS FUR BA I i r HOUSE & BOARDWALK EAST MEDICINE LAKE BEACH Item 8-U RESOLUTION N0. 81-596 APPROVING R N0. I. PROJECT 106 & 108 NEIGHBORHOOD PARKS Item 8-V* RESOLUTION N0. 81-597 A PERMIT ST. MARY OF THE LAKE Item 8-W* RESOLUTION N0. 81-59 APPROVING CN-SXET. NON -INTOXICATING MALT LIQUOR LICENSE, G. WILLY'S Item 8-X* REESOLLUUTyI ON yNO * 811- a559: APPRO 9{ THROUGH 8/31/81 Item 8-Y* COMPARISON OF 1981 & 1982 ADOPTED BUDGETS ORDINANCE N0. 81-19 AMENDIi F IRE REVINN CODE Item 9-B* i Regular Council Meeting September 8, 1981 Page 259 2. NOTION was made by Councilmember Neils, seconded by Hoyt, to adopt RESOLUTION NO. 81-6009 A RESOLUTION A CONTRACT AGREEMENT WITH THE DEPART14EINT OF NATURAL for police services on the Luce Line Trail for July July 1, 1982. Motion carried on a Roll Call vote, five ayes. Councilmember RESOLUTION N0. 81400 APPROVING APPROVING C N RESOURCES 1, 1981 to NOTION was made by Councilmember Schneider, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 81-6016 A RESOLUTION APPOINTING DAVID F. BERG TO THE PA.1K AND RECREATION ADVISORY COMMISSION for a term expiring January 31, 1x82. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmembar Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 91-602, A RESOLUTION DEFFERING ASSESSMENTS - PROJECT 40. 103, RIDCEMOUNT AVENUE WATERMAIN ror that portion bring used as a Communit) Playfield until Such time as that property is no longer leased by the City. Motion carried on a Roll Call vote, five aye:. Manager W;llis reported that the gratel has been ,idlied and meets City standards of compaction. Paving is planned for next week. Councilmember Hoyt suggested that this item be defenated until the meeting of September 149 Mayor Davenport suggested the City take a pos ita. on on 1:11V possible closing of Armstrong High School. CouncilmeMer Neils asked the City Manager to find out what other communities have dere about the proposed closing. The meeting adjourned at 12:50 a.m. 259- AGREEMENT WITH DNR Item 9-C* RESOLUTION N0. 81-601 APPOINTIRC DXVWTe BERG 10 PRAC _ Item 9-0 RESOLUTION N0. 81402 DEFERRING ASS SSMEN S PROJECT N0. 103 RIDGEMOUNT WATERMAIN Item 9-E* CIMMARON PONDS TRAIL STATUS REPORT POLICY QUESTION RELATING TO SEWER HOOK-UP EFI*ORTS C,TY COUNCIL INFORMATION may-• LAur aou c, Aty'..ei k