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HomeMy WebLinkAboutCity Council Minutes 09-14-1981 SpecialM I N U T E S SPEVAL COUNCIL MEETING September 14, 1981 A special meeting of tVe Plymouth City 'ouncil was called to order by Mayor Davenport at 7:35 p.m. in the Council Chambers of the City Center at 3400 Plymouth boulevard on September 14, 1981. PRESENT: Mayor Davenport, Councilmembers; Hoyt, 71eils, Threinen, Schneider, City Manager Willis, Assistant Manager Boyles, Assistant Engineer Sweeney, Planner Tremere, City Attorney Lefler, City Clerk Houk. ABSENT: None CONSENT AGENDA MOT.'Oh was made by Counciltrember Schneider, seconded by Council- LONSENT AGENDA member Neils, to adopt the items on the consent ,agenda with the Item 4 exception of Tta:; o and 7-P-2. Motion carried on a Roll Call vote, five ayes. Mayor Davenport announced his canJidacy for Che position of Mayor. He it -,ted Plymouth is beginning to develop a sense of community and the crntinued development of th's sense c; community should be a spec:i f Ic go3l. He proposed foraning comminity task forces to study single issues in depth and report back 1:o the Council. Park development SIILOd continue to be emphasiZved. He stated again his personal availability to til"I of the citizens of Plymouth either at home or at work and added he is 1v)oN i lg forward to serving the people agai . MINUTi.S Counci iember Schneider asked that the minutes be amended to roflect a statement made by Frank Larson during the Plymouth Hills P.U.D. revision discussion wa ereby he repeated the request for plan approval for a banK site at the corner of 37th and Vicksburg now because the bank was ready to start development immediately. MOTION was made by Councilmember Neils, Threinen, to approve the minutes of the Council meeting with the addition of the repeated the request for plan approval corner of 37th and Vicksburg because of start development immediately" if this i Mot i cin carried, five ayes. PRESENTATIONS seconded by Councilmember September 8 regular following: "Frank Larson of a bank sito at the the bank's desire to s confirmed by the tape. Ted Loken, representing the Friends of Armstrong, stated that School District #281 has elected to close one of its three high schools during the coming year. The actual decision oin which of the three schools, Armstrong, Cooper or Robbinsdale, will bre closed has been deferred until ,after the upcoming bond rcferenOum. 260- MINUTES - REGULAk COUNCIL MEETING OF SEPTEMBER 8. 1981 Item 5 FRIENDS OF ARMSTRONG Spec r a i s.ounc M +peer. i ng September 14, 1981 Page 261 The Friends of Armstrong believe the closing of Armstrong would be less to the City. They have taken the position of opening lines of communication wit:1 the School Board of District #281 as wAll as the officials of the other cities affected. He reported on how other communities are showing their support for their schools. Councilmember Neils pointed out that there are more District 0281 students attending schools in Plymouth than in d Ry other district because of the number of schools the district h4,, chosen to build in the City. Mayor Davenport complimented the Friends of Armstrong on its objective approach to the issue. Cnuncilmember Threinen did not take part in this discussion. Peter Pf 1 a um, representing Lu nd siren Brothers Construction Co., expressed the company's position on what happened on Pineview Lane in the hope that a formal suit against the City could be avoided. The central issue is that Lundgren Brothers feels the City has taken their land and not paid for it. He listed the sequence of *vents leading up to the conflict and showed drawings of the area where they claim two lots were lost because the City piled dirt onto their property. He agreed to furnish the City Atto ^ney with copi e:• of the drawings. Mayor Davenport stated that it was appropriate deliberate a response to the situation with the executive session, and that a response would be PETITIONS, R!.QUESTS AND COMMUNICATIONS for the Counci 1 to City Attorney in forthcoming. MOTION was made by t:ouncilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 81-603, A RESOLUTION AF''ROVING CONDITIONAL USE PERMIT RENEWAL FOR PAN -O -GOLD BAKING COMPANY FOR A RETAIL BAKERY THRIFT STORE (79016). Motion carried on a Roll Call vote, five ayes. MOTION was .Made by Councilmember Sc ,ne i der, secondee by Council- member ounci1- member Neils, to adopt: RESOLUTION NO. 81-604, APPROVING CONDI- TIJNAL USE PERMIT RENEWAL FOR RAY (JUEI-HUA! LIN FOR THE GOLDEN CHINA RESTAURANT LOCATED 1'N THE FOUR SEASON'i SHOPPING CENTER 80017). Moti an carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 81-60, APPROViNG SITE PLAN AMENDMENT FOR METRAM PROPERTIES FOR THE FOUR SEASONS SHOPPING CENTER SITE AT THE SOUTHWEST CORNER 01* COUNTY ROADS 9 AND 18 (A-683). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Th reinen, seconded by Council - member Schneider, to adopt RESOLUTION N0, 81-606, APPROVING AMENDED SITE PLAN AND VARIANCES FOR TEMROC METALS, INC. LOCATED AT 2135 CHESHIRE LANE (A-212). 261- LUNDGREN BROS. CONSTRUCTION COMPANY PETER PFLAUM RESOLUTION N0. 81-603 APPRUVING CONDITI USE PERMIT RENEWAL - PAN. -O -GOLD (79076) Item 7-A* RESOLUTION N0. 81-604 ATS AL USE PERMIT RENEWAL - GOLDEN CHINA RESTAURANT 80017) Item 7-B* RESOLUTION NO. 81-605 APPROVING SITE PLAN FOR METRAM PROPERTIES FOR FOUR SEASONS CENTER A-683) Item 7-B* RESOLUTION N0. 81-606 APPROVING AMENDED SITE PLAN F VARIANCES - TEMROC METALS, INC. A-212) Item 7-C ryc%. r a i %mum. t. ratmc i rty September 14, 1981 Page 262 MOTION was made by Councilmember N,dzls, seconded by Councilmember Hoyt, to amend the resolution by adding a tenth condition: That concrete parking delineators be installed in parking areas to identify parking rows and that the approved parking stalls be striped. Motion to amend carried, five ayes. Motion on amended resolution carried cin a Roll Call vote, five ayes. MOTION was made by Councilmember Threi,en, seconded by Council - member Schneider, to adopt RESOLUTION NO, 81-6071 A RESOLUTION APPROVING LOT CONSOLIDATION FOR EXISTING" PLATTED LOTS FOR TEKZ: c METALS, INC. (A-212). Motion carried on a Roll Call vote, five ayes. Manager Willis stated that this is 3n amendment of the resolutions approving the final plat for Willow Grove 2nd Addition as a legal matter has developed over proper ownership of part of vacated Quaker Lane which was to have beef part of the original final plat. MOTION was made by Councilmember Schneider, seconded by Council - member Hoyt, to adopt RESOLUTION NO. FI -608, A RESOLUTION APPROVING REVISION TO FINAL PLAT FOR 41W! LOW GROVE 2ND ADDITION", REVISION TO APPROVAL OF CONDITIONAL USE SITE PLAN AND NUMBER OF U`lITS FOR "WILLOW GROVE CONDOMINIUMS" FOR WALLACE FREEMAN ANC AUTHORIZING EXECUTION OF AGREEMENT REGARDING FUTURE INCORPC;rjI0N OF LAND INTO "WILLOW GROVE 2ND ADDITION" (81003/80048). Councilmember Schneider commented that the reason for granting the two condominium units, in spite of the reduced land area, is the fact that the developer will be saving trf!es to the north and west of the property, Motion was made by Counciimember Neils, seenoded by Mayor Davenport, to add a fourth condition to the resolution: should the petitinner be successful in the recovery of title for any portion of the vaccated easement, it shall be consolidated with the parcel property. Motion o amend carried, five ayes, Motion on amended resolution carried on a Roll Call vote, -Give ayes. RESOLUTION N0. 81-607 APPROVING LOT CONM. DATION FOR TEMROC METALS INC, (A412) Item 7-G RESOLUTION NO. 81-608 APPROVING 1REVI S I-O"r F1 AL PLAT FOR WILLOW GROVE 2ND ADDITION, CONDITIONAL USE SITE PLAN a N0. OF UPITS WILLOW GROVE CONDOMI S' 81003/80048) tem 7-D Manager Willis stated `hat the nest two items deal with the TRAMMELL CROW COMPANY Trammell Crow Company request to vevise the Criterion MPUD and to REQUESTS FOR PLYMOUTH approve a site pian. The P1enning Commission has recommended BUSINESS CENTER approval subject to certain conditions. Kirt Woodhouse. representing Trammell Crow Co., stated their intent is oev3 e -op a small but thoroughly planned business park. This will ue one of the few planned industrial parks in the City ender tie control of a single owner. A residential buffer look is proposed through landscaping. 262- September Page 263 14, 1981 Mr. Woodhouse inquired whether the recommended requirement for a covenant on the property regarding trash disposal and outside starage would delay the issuance of grading permits. The City Manager re.spended that the covenants were conditions of filing the final plat arid would not delay issuance of grading ermits. Mayor Davenport stated that there was merit in the use of covenants for restrictions such as outside storage and trash disposals to be sure that future owners would be aware v the City ordinance requirements. Mr. Woodhouse asked if the City would %mlui re new drawings showing the proposed changes or whether verbal r.hanges would be acceptable. Planner Tremere answered tha: a revised plan should be prepared. He added that the ordinance requires that a copy of the approved P.U.D. plan be on, file with the City. Regardin,,,, Lhe proposed site plan, Councilmemher Schneider expressed concern rf-9drding the transition design along the west yard area.. f4uncilmember Neils stated the future building at the north end of the outlot appears to have the potential of becoming landlocked. Mr. Woodhouse stdted that the site was not landlocked noting street access to the out -lot even though it did not have street frontage. He suggested the various easement possibilities that could provide access to the building and that future phases would be subject to review by the City. Cuuncilmember Neils stated that it appeared approval of phase one was creating a problem to be dealt with later whereas it should be resolved at this time. Councilmember Threitien stated the potential problem would be the petitioner's responsib°lity and that it does not appear to be a major problem with the phase one development. MOTION was made by Co,incilmember Threinen, seconded by Council - member Hoyt, to adoppt RESOLUTION N0. 81-609, A RESOLUTION APPROVING REVISED MPUD PRELIMINAKY PLA?/PLAN AND FINAL MPUD PLAT/PLAN FOR "PLYMOUTH BUSINESS CENTER" FOR TRAMMELL CROW COMPANY (MPUD 78-1)(81044). Motion carried on a Roll C311 vote, four ayes. Councilmember Neils voted na % MOTION was ,made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION N0, P1-610, A RESOLUTION SETTING CONDITIONS REGARDING APPROVAL OF AND TO BE MET PRIOR TO FILING FINAL PLAT FOR "PLYMOUTH BUSINESS CENTER" FOR TRAMMELL CROW COMPANY (81044). MOTION was made by Councilmember Neils, seconded by Councilmember Schneider, to amend the resolution to add a twelfth condition: the depth of Lot 1 shall be increased to provide for ordinance minimum setbacks of the interior lot. lineS from drive areas. Wuncilmember Threinen stated that he effect would be to preclude lot line to lot line pavement. Motion to amend carried, five aves. Motion on resolution as amended cirried on a Roll Call vote, five ayes. -20- RESOLUTION NO. 81-609 APPROVINU s€b Fi Tia PRELIMINARY PLAT/PLAN A FINAL PLAT/PLAN FOR TRAMMCLL CROd COMPANY PLYMOUTH BUSINESS CENTER MPUD 78-1)(81044) Item 7-E RESOLUTION N0. 8t-610 FOR FINAL PLAT APPROVAI TRAMMELL CROW CQa PLYMOUTH BUSINESS CENYER 81044) Item 7-E September 14, 1981 Page 264 MOTION was made by Mayor Davenport, seconded by Councilmember Threinen. to adopt RESOLUTIGN NO. 81-611. A RESOLUTION ADOPTING ASSESSMENT - PLYMOUTH BUSINESS CENTER - SANITARY SEWER AREA, PROJECT NO. 133 in the amount of $7,887.00. Motion carried on a Rol -i Call vote, five ayes. Mr. Woodhouse questioned some of the recommended conditions of the resolution regarding approval of the site plan for the first phase of the "Plymouth Business Center". Councilmembe r Neils stated that he wa^ not plan because it was a deliberate intent to vhe site with blacktop. Fie doesn't believe a pla;.ned unit develrpments impressed with the maximize coverage of this is consistent with Discussion continued on the site plan, the anount of green a, -ea, building placement,, and development of future sites. MOTION was made by iouncilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 81-612, A RESOLUTION APPROVING SITE PLAN, FOR TRAMMFLL CROW COMPANY FOR FIRST PHASE OF PLYML'UTH BUSINESS CENTER" MPUD 78-1 LOCATED SOUTH AND EAST OF ANNAPO;..IS LANE, WEST OF I-494 (81046) with an amendment to conditiin #2 to read as follows: Detailed plans showing, waste disposal facilities and areas shall be submitted and approved prior to issuance of building permits. RESOLUTION N0. 81-611 ADOPTING ASSESSMENT'. PLYMOIITH BUSINESS CE* R SANITARY SEWER AREA PROJECT N0. 133 Item 7-E RESOLUTION N0. 81-612 FOR TRAMMELL CROW CO. FIRST PHASE OF "PLYMOUTH BUSINESS CENTER" (81046) Item 7-F Court -ilmeober Schneider stated that there is a crive across the property frontage and tie takes exception tc the desi!jn which is a virtual frL-ntage roAd with reduced transition to Vie resi(!ential areas. Discussion t•)llowed on :he definition of drive. The ordinance intent should be clo rified on wnat is meant by drive. Planner Tremer•e stated the ordinance distinguishes between a drive ant parking spices relative to required yard area to the street ri ht of way. M . Woodhouse s'ated Ile thirks landscaping in the back of tht, building would 1 a waste ana :-lould get in the way of trucks, Snow removal, and eme-gency vehicies, and he would be glad to work with staff or Councilmombers to add more green space in the front of the bolding where people would see it. D scussion continuEd on whether the amount of green space should bt on a total square footage which the developer could put where he dE;ired or whether the Council specify its placement around the site. Motion carried on a I`oll Call vote, four ayes. Cott nciImember Schneider voted nay. NOTE: Later in the mr.leting the City Council const,'.erod a request by Mr. Kirt Woodhouse, reoresenting Trammell Crow Company, that he be allowed to file his fi-ial plat and apply for building permits for the first two buildings with submittal of a letter of assurance regarding provision of land for interior yard setbacks. 264- special council Meet : ng September 14, 1981 Page 265 MOTION was made b;, Counc-i lmember Nei 1 s, seconded by Mayor Davenp!trt to authorize; the Manager to accept a letter from, Trammell Cron Company ass'urinr, that adtquate additional lard will ue provided from the outlo,', uF the plat to the interior yard of the buildings on Lot 1 const -tort with the direction of the Council approval that the interior y;: •.ds of the phase one building coirp!y with ordinance minimum setback standards. Said letter shall be acceptable for purposes of filing the final plat ;End issuance of building permits for phase one. Motion carried on a Rol, Call vote, five ayes. Mayor Davenport stated tha-. this is a request from Larry Laukka WESTRIDGE 5TH ADDITION for a revised RPUD in Westr•idge 5th addition. The City Manager REQUEST FROM LARRY added approval i•j recommended by the Planning Commission. LAUKKA Councilmember Schneider asked about pub'ric street continuity to the west and asked for a revision to the plan to show a temporary cul-de-sac to be possibly e.-ttended in the future to join other streets when the land is so developed. Discussion was held on the prol»sed streets, their length and future connections, street widths, an,i %he request for off street parking sites. Counci I MEmber Neils suggestec' that the east/west. street be widened to a 60 foot right of way for the westerly 100 feet. Petitioner Larry Laukka notes the development constraints on the site and commented as to the need for on street parking. He stated provisions could be made for future off street ,parking areas as indicated on the pian and that these areas could be e,,cumbered legally for future installation if they were needed. Councilmember Neils commented on the length of thf Orth/south cul-de-sac street and Mr. Laukka noted the proposed emergency vehicle breakaway onto Larch Lane. Councilmember Neils suggested that the length of the cul -de -sic street could be shortened. Manager Willis noted the City co0e requirement limiting on street parking on public streets to twelve hours. MOTION was mode by Councilmember Nils, seconded by Council - member Hoyt, to adopt RESOLUTION NL. 81-613, A RESOLUTION APPROVING REVISEC RPUD CONCEPT PLAN, PRELIMINARY PLAN PLAT AND CONDITIONAL USE PERMIT FOR "WES"RIDGE 5TH ADDITION" RFUU 78-3 FOR LAUKKA AND ASSOCIATES (A-745) with an adc'ed sixteenth condition: that the east/west street be redesigned for final plat to extcnd to the west property line with a temporary cul-de-sac turn around witifin she property, and the westerly 100 feet shall be widened to a 60 foot right of way, and added a seventeenth condition: That within the final site plan design reasonable effort be mads! to shorten the length of the cul-de-sac north/south street if ether cccss requirements are compatible; and, change conditioci 15 tr %ad as follows: Approval is based on submitted plans and 1 .1 the modified site layout reflecting sixty curidominium mitt and public streets with 44 foot wide right of way and 3: Foot wide pavement; there may bo on street parking on one side o" the street. Future expansion of off street parking site' -ihal1 be shown in Lhe site plan and referenced in the homE tiers association documents. 265- RESOLUTION N0. 81-613 NG-RE-VISEDD PRELIMINARY PLAN/PLAT $ CONDITIONAL USE PERMIT FOR WESTR!DGE 5TH ADDN. A-745) I t eon 7-G 14. 1981 Page 266 Motion carried on a Roil Call vote, five ayes. Manager Willis stated that conditiori 11 sh f;ld be stricKen iron the draft resolution approving the prel•minatj plat/f.1?n for Norman Janres/ Westglen Developers of Saratoga Condominiums because the Planning Commission didn't recommend it. He stated, however, that staff did recommend the requirement. MOTION was made by Councilmember R its, seconded by Councilmember RESOLUTION NO. di -614 Schneider, to adopt RESOLUTION NO. 81-614, A RESOLUTION APPROVING XPPMNG PRELIMITNAWY PRELIMINARY PLAT/PLAN AND REGARDING; REZONING FOR NORMAN JARNES/ PLAT/PLAN b REZONING WESTGLEN DEVELOPERS FOR "SARA*roGA ;ONDOMINIUMS" LOCATED EASTERLY FOR NORMAN JARNES/ OF TRENTON LANE, NORTH OF COUNTY ROAD, AND SOUTH OF FUTURE 45TH WESTGLEN DEVELOPERS AVENUE NORTH (81043) with the inclusion of the two conditions as (81043) recon vended in the September 10, 1981 staff report, by retaining Item T -H condition 11 and adding a conditipl,re 13 relative to deeding driveway access t:) the City. Peter Bishop, representing We Mengelkoch, stated that Mr. Mengelkoch is concerned about when he should relocate his driveway. It was stated that the present driveway can be used until the new County Road 9 is constructed. Discussion was held on the Council's requirements for right of way dediration for similar developments. The City Attorney stated that Mr. Mengelkoch has talked to him many times and Mr. Mengelkoch's concern is that h3 should be able to maximize his bargaining position with the County on the acquisition of n,, d County Road 9 right of way. Mr. Bishop stated that Mr. Mengelkoch was onposed to dedication of the future C.R. 9 right of way % . t , i s time r,,.Li rig that '-he schedule for construction had been extended kl. o 1986 end the right of way needs might change. Councilmember Neil, observed that the rigi,t of was had been firmly established on both the east and west sides of this property. Mr. Bishop inquired as :u wito would pay for relocating Mr. Mengelkoch's driveway and for the deoicatel land. Manager Willis suggested that nuri rel ly the relocation costs for access were part of the road c.on- truction expei:;e and that it was normal policy to require dedication of the right of way with development. Councilmember Neils suggested that the basic issue is that the needed right of way cost of acquisition should be part of the development costs for this project and not deferred costs for the public in the future. Councilmemter Schneider concurred noting a previous project where right of way was considered part of the development and platting. Ceuncil,,xi-aber Threinen reviewed the August 21, 1981 letter submitted by Mr. Mengelkoch. MOTION was made by Councilmember Schneider, seconded by Council - member Hoyt, to amend the resolution by amending condition 11 as follows; The full right of way for future County Road 9 shall be dedicated for the entire width of the site with the final plat. Motion to amend carried, four ayes. Councilmember Neils abstained. 266- Special Council ftet ing September 149 1981 Page 267 Councilmember Neils stated that he believes the previous pre'iminary plat proposal was approved by a past Council of which he was a member and to vote favorably for this amendment might put him in the position of not sustaining the previous Council's action. Motion on resolution as amended carried on a Roll Call vote, five ayes. Discussion was held on whether the proposed development districts TAX INCREMENT could be split or whether they had to be contiguous. Manager FINANLING PROJECT Willis suggested that the proposed district /21 encompassing POSSIBILITIES the developing property along the highway 494 corridor from Item 7-1 highway 55 northerly tc C.R. 9 and beyond, may need assistance to encourage development because of its swampy condition and the fact that it would be a better prospect for development if it has access to highway 494. The Council is also considering two additional alternative areas for development, the property abutting C.R. 18 from the south City limits to 17th Ave. N. and continuing westerly to include Honeywell property (#3) and the previously established arei involving the Carlson Center project area ( W . The City should, between now and the end of January, Pepare itself to proceed with the projects if it appears the State will not put money into these projects. Councilmember lickvt asked if the proposed tax increment financing in the northern area wjuld jeopardize the proposed development in the southern area. She stated she would not like this to happen as the proposed southern devel,pment is a good one and could stand on i•; own cis a projeect. James Johnston, representing S. J. Groves b Sons, stated that there is a conceptual plan in the works fr their 37 acres adjacent to Nroposed distri^t N3. He added thuL the entrance to the City of ilymouth should be a matter of civic pride. His company would like to rowevelop the area but would need help from the City. Mayor Davenport stated that he favored the idea of a redevelopment project. Discussion continued on the differences between a redevelopment and an economic development area. t was not.Qd that incremental costs for City services would be recaptured through a service charge to the businesses in the development area. It would not have to be subsidized by the general revenue fund. The area does not include any residential development which would have a impact on the school districts. Cou cilmember Threir:en statrd that he thinks these proposals are yin extremely conservative approach to tax increment financing. MOTION was made by Councilmember Threinen, secclided by Cut,neilmember Hoyt, to direct staff to proceed with the next step, the preparation of necessary documentation which will be presented to the Council, and the holding of a public hearing on the creation of the economic develupnent areas. Motion carried, five ayes. - 267- 3pecial Councilect ng September 14, 1981 Page 268 MOTION wa made by Councilmember• Th reinen, seconded by Council - member Neils, to adopt RESOLUTION N0. 81-615, A RESOLUTION APPROVING ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, 1982 - 1986. Motion carried on a Poll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Schneider, to diri:ct staff to come forward with resolutions ordering preliminary plas;s and specifications on those 1982 projects the, are contemplating proceeding with at the earliest possible time. Motion carried on a Roll Call vote, five ayes. MOTION was made by Counci lineember Neils,, seconded by Councilmember Threinen, to adopt RESOLUTION NO, 81-6169 A RESOLUTION REQUESTING PAYMENT N0. 2 AND FINAL, COMMUNITY PLAYFIELD IMPROVEMENTS, PH. 11, SCHEDULE B. PROJECT N0. 017 in the amount of $2,366.85 to Hardrives, Inc. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider. seconded by Council - member Neils, to adopt RESOLUTION NO, 81-6171, A RESOLUTION AUTHORIZING REQUEST FOR PAYMENT, PROJECT N0. 002, VICKSBURG LANE -in the amount of $68,179.02 to Progreroive Contractors, Inc. Mot'on carried on a Roll stall vote, five ayes. MCI'ION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0, 81-6189 A RESOLUTION RECEIVING PRELIMINARY REPORT AND ORDERING PROJECT, STREET LIGHTING - CRITERION M.P.U.D. (39 RESIDENTIAL LOTS) ADDITION. Motion carried on a Roll Call iote, four ayes. Councilmember Neils abstained. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 81-619, A RESOLUTION APPROVING CHANGE ORDEk NO, 41 1981 STREET IMPRJVEMENT Ph OJECT by extending the completion date from August 1, 1981 to September 15, 1981. Mot io ) tarried on a Roll Call vote, i i vij ayes. MOTION was made by Councilmember Schneider, seconded by Council - member i, Is, to adopt RESOLUTION NO. 81-620, A RESOLUTION APPROVING CHANGE ORDER N0. .1, PROJECT NO, 017, COMMUNITY PLAYFIELD IMPROVEMENTS, ELLCTRICAL CO ITRACT - SC;HEOULE "D1" by adding $310.00. Mo;.ion carried on a Roll Call vote, five ayes. ZUd- RESOLUTION N0. 81-61 FIVE YEAR CAPITAL IMPROVEMENT PLAN tem 1-J RESOLUTA CIN NCI. 81-616 R S ;Tim PAYMENT X10. i & FINAL COMMUNITY PLAYFIELD PROJECT N0. 017 Item 7-K•1 RESOLUTION N0. 81-617 AUTHORIZING REQUEST FOR PAYMENT', PROJECT 002, VICKSBURG LANE Item 7-K-2* RESOLUTION N0. 81-618 RRYWING PRELIM REPORT & ORDERING PROJECT, STREET LIGHTNG CRITERION MPUD ADn N. Item 7-L-1* RESOLUTION N0, 81-619 APPROVING CHARGE RDER N0. 4, 1981 STREET IMPROVEMENT PROJECT Item 7-M-1* RESOLUTION N0. 81-620 ATRV''i1T-(ANGE MYR N0. ?, , PROJECT 017 COMMUNITY PLAYF;ELD ELECTRICAL CO'I TRACT Item 741-2* Special Council Reefing SeOtember 14, 1981 Page 265 MOTION was made by Councilmember Scshrieider, seconded by Council - member Neils, to adopt RESOLUTION N0. C1-621, A RESOLUTION APPROVING CHANGE ORDER N0. 4, PROJECT N0. 017, COMMUNITY PLAYFIELD IMPROVEMENTS, ELECTRICAL CONTRACT - SCHEDULE D4 by adding $231.000 Motion carried on a Roll Call vote, five ayes. MOTION was made by Cooncilmember member Hoyt, to adopt RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS, CAPING. Th rei nen, seconded by Council - NO. 81-6210 A RESOLUTION P IIBL . C WORKS SITE LAND- Motion carried on a Roll Call vote, five ayes. MOTION r -,s made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 81-623, A RESOLUTION ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF THE WALKWAY EASEMENT IN CRITERION M.P.U.D. to be held October 5, 1981 at 7:30 p.m. Motioo carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council- Tember Neils, to adopt RESOLUTION N0. 81-624, A RESOLUTION PPROVING PRELIMINARY LAYOUTS FOR THE IMPROVEMENT OF TRUNK W GHWAY 55 AND COUNTY ROAD 15, PROJECT NO. 024. Motion carried on a Roll Call vote, five ayes. Councilmember Neils stated that rather than merely installing an overlay on C.R. 15 from C.R. 73 easterly to the interselm.tion of Hwy 55, the City should consider asking the County to put the road in the condition of an urban street, including ca rbs, gutters and drainage before the City accepts the turn back of RESOLUT161 NO. 81-621 APS SAI. R N0. 49 PROJF^,T 011 COMMUNITY PL..YFIELD ELECTRICAL WflTRACT D4 Item 7-M-3* County Road 15. MOTION was made by Counciimtmber Neils, seconded by Councilmember Hoyt, that staff be directed to undertake such discussions with the County Highway department. Motion carried, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESN UTION NO. 81-625, A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ERADICATION AND DESTRUCTION CHARGES, SECOND HEARING i,i the amount of y504.59. Motion carried on a Roll Cell vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Ccuncil- member Neils, to adopt RESOLUTION NO, 81-626, A RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT, WEED ERADICATION AND DEST"UCTION CHARGES, SECOND HEARING for October 5, 1981. Motion carried on a Roll Call vote, five ayes. 269- RESOLUTION N0. 81-622 AUTHORIZING EXPEnD E OF FUNDS - PUBLIC WORKS SITE LANDSCAPING Item 7-N RESOLUTION N0. 81-623 M RENGPUBLICHEFNG PROPOSED VACATION OF WALKWAY EASEMENT IN CRITERION MPUD Item 7-0+ RESOLUTION N0. 81-624 Ut LAYOUTS-HWY 55 & C.R. 15 PROJECT NO. 024 Item 7 -P -I* RESOLUTION N0. 81-625 DECLARINGS ASMD ORDERING ASSESSMENT WEED ERADICATION SECOND HEARING Item 7-Q-1* RESOLUTION N0. 81-626 CALLING HEARING 0 PROPOSED ASSESSMENT WEED ERADICATION SECOND NEAR I':G Item 1-R-1* 3pecial CouncilReeting September 14, 1981 Page 270 MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 81-6270 A RESOLUTION APPROVING PEDDLERS, SOLICITORS OR TRANSIENT MERCHANTS LICENSE for Kevin Carroll Eddowes. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Discussion was held on the subject of enforcement of sewer hook- up requirements. One alternative is for the City to hook-up the sever and assess the wi rk back to the homeowner. Attorney Lefler c4ationed the Crincil about the possibility of the City being charged with trespassing if it were to enter a resident's property to install sewer hook-ups. Councilmember °lei is stated that he would like. the provision that: anything approaching a force hook-up be made only by specific order of the Council. A hearing procedure may be necessary to review each case. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt ORDINANCE N0. 81-20, AN ORDINANCE RELATING 1'0 PUBLIC UTILITIE1: AMENDING SUBSECTION 705.09, SUDDIVIStON 1, 01: THE PLYMOUTH CITY CODE adding the provision for City installation of utilities with assessment to property owner. Motion carried on a Roll Call vote, five ayes. kESOLLfION N0. 81427 APPROVING PEDDUR3 LICENSE -KEVIN Item 7-S' ORDINANCE NO. 81-20 UTILITIS-PROVIDES FOR INSTALLATION A CHARGE TO PROPERTY OWNER Item 8-A MOTION was made by Councilmember `Nils, seconded by Councilmember Schneider, to direct staff to prepare a draft revision to the City Code, or if more appropriate, a policy statement providing for a specific procedure inc uding a hearing of individual cases, followed by a resolution of ILhe City Council on the action desired. Notion carried atstai ned. on a Roll Call vote, four ayes. Mayor lavenport Manager Willis reported that the planned paving of the t r;t lw?y in Cimarron fonds development did not begin today as exp.1ctN,d. He will L,.%ep the Council informed of progress. Manager Willis reported that Northern Cablevision has been awarded the Franchise for cable TV. The required ordinance will be publishay and after 30 days will become effective. The City could opt not to be a part of the project, but he doesn't see any reason why the City would not want to in consideration of the amount of time which went into tha selection process so far and the quality of Northern Cabievision's se..,vice. Councilmember Schneider thanked Manager Oillis ard As, istant Manager Boyles for all the time they have spent on the n(gotiating committee which formed this nrdinonre. The meeting adjourned dt 10:45 p.m,, 270- aerie Houl,e11+ 1 41