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