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HomeMy WebLinkAboutCity Council Minutes 10-05-1981Page 291 MINUTES REGULAR COUNCIL MEETING October 5, 1981 A regular meeting of the Plymouth City Council was called to order by Mayor Davenport at 1:40 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevzrd on October 5, 1981. PRESENT: Mayor Davenport, Councilmembers Hoyt, Schneider, Threinen, and Neils, Assistant City Manager Boyles, Encineer Moore, Planner Tremere, City Attorney Lefler, City Clerk Houk ABSENT: City Manager Willis CONSENT AGENDA MOTION was made by Councilmember Neils, seconded by Councilmember CONSENT AGENDA Hcyt, to adopt the items on the consent agenda by adding item 9-8 Item 4 ani deleting Items 8-I-1, 8-I-3, 8-N, and 8-0-2. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Coufici 1 mwnbe r Neils, seconded by Councilmember Hoyt, to approve the minutes of the special meeting of September 28, 1981 as submitted. Motion carried an a Roll Call vote, five ayes. PROCLAMATION Mayor Davenport read a proclamation designating the week of October 4 - 1G as Fire Prevention Week in the City of Plymouth. PUBLIC HEARINGS Assistant Manager Boyles stated that this is • hearing on special assessment for weed eradication, roll No. 20 Mayor Davenport opened the public hearing at 7:47 p.m. No one chose to speak and the hearing was closed at 7:47 p.m. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NUJ, 81-672, A RESOLUTION ACOPTING ASSESSMENT FOR 1981 WrED ERADICATION AND DESTRUCTION, ROLL NUMBER TWO in the amount of $504.59. Motion carried on a Roll Call vote, four ayes. Councilmember Threinen abstained. Assistant Manager Boyles stated that this was a public hearing on a proposed vacation of walkway easement for outlot G. Criterion MPUD. C91- MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 28, 1981 Item 5+ FIRE PREVENTION WEEK PROCLAMATION RESOLUTION N0, 81-671. ADOMNIG SS , S OT' - 1981 WEED ERADICATION ROLL NUMBER TWO Item 7-A-1 Regular Council Meeting October 5, 1981 Page 292 Kirt Woodhouse, representing Trammell Crow Development C:.., was present to answer any questions. Mayor Davenport opened the public hearing at 7:48 p.m. No one chose to speak and the hearing was closed at 7:48 p.m. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO, 81-673, A RESOLUTION AU16HORIZI11iO4 THE VACATION OF A PORTION OF THE WALKWAY EASEMENT IN CRITERION MPl1D. Motion carried on a Roll Call vote, five ayes. Assistant Manager Boyles stated that this was a publi- hearing on the requested vacation of utility and drainage eaacr?ent: in the Burl Oaks Addition, Mayor Davenport opened the public hearing at 7:50 p.m. No one chose to speak and the hearing was closed at 7:50 p.m. MOTION was made by Councilmember Neils, seconded by Councilmember Schneider, to ado)t R.SOLUTION NO. 81-674, A RESOLUTION AUTFORIZING THE 'WATION OF UTILITY AND DRAINAUE EASEMENTS ON THE COMMON L31 _INE OF LOTS 3 AND 4, BLOCK 1, BURL OAKS ACOI,ION. Motion card ed on a Roll Call vote, five ayes. Assistant Ma na,)er Boyles stated that this was a public hearing in the requested vacation of 24th Avenue between C.R. 18 and Lancaster Lane, Mayor Davenport opened the public hearing at 7:51 p.m. Councilmember Neils stated that the County may in the future want Eatt Medicine Lake Drive to make it a trail and the City may need the 24th Street easement at that time to handle local traffic. Steve Shuang Wu, 9605 24th Ave. ll., asked that the street ba vacated because no one ever used it as a street. Ile also stated that he would like to rebuild his garage but cannot meet the required setbacks because of the street right of way. e RESOLUTION NO. 81-673 WALKWAY EASEMENT CRITERION MPUD Item 7-B-1 RESOLUTION 1610. Ell -674 ATi7LU OT'IT UTILITY & DRAINfGE EASEMLNTS, FURL OAKS ADDITION Item 7-B-2 PUBLIC HEARING REQUESTED VACATION OF 24TH AVE. BETWECN C.R. 18 & LANCASTER LN Item 7-B-3 Councilmember Threinen asked if this proposed vacation was for the entire 24th Ave. and how the City plowed the strut as ;L had no turnaround for its equipment. Engineer Moore answered that it is for the opened portion of 24th Ave. and the City does plow the street now but the equipment backs out. The street was never completed for a turnaround. Councilmember Neils stated again his concern with the uncertain future -)t the access to the neighborhood if the vacation is granted. 292- Regular Council Meeting October 5. 198; Page 233 Prudence Peterson, 9604 24th ave. N.. stated this is a dead end street now, there is no traffic. She asked if the petition was denied it mould mean that the City would plow more often in the winter. Currently her husband plows somt of the strut. The public hearing waP closed at 8:05 1.m. MOTION was made by Councilmember Neils, seconded by Councilmember Threinen, to deny the request for vacation. Councilmember Neils stated the reason for his motion to deny was that he would not want vacate this right of way in 1 i iiht of the possibility that additional local street connections to Medicine Ridge Road or the development of a Lakeshore trail system may some day necessitate repurchase of this right of way. Hayor Davenport explained that the Council would probably denj the vacation but Mr. Wu could make application to the Board of Zoning Appeal for a setback variance to build his garage. Direction could be given to the Board by the Council that this is a case of hardship. Councilmember Hoyt asked that staff move ahead; with the request so that Mr. Wu could build his garage. Mayor Davenport asked that this item be placed on the agenda of the Board of Zoning Appeals which meets October 12. Motion to deny carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Assistant Manager Boyles stated that the Council had previously deferred action on the Larch Place improvement pro;ec' final assessment for Mr. Harold Reimer. The Assessment Committee has met and recommended that assessments for all six of Mr. Reimer's parcels be deferred for five yea rs. Councilmember Neils noted that no payments of principal or interest would be required during the period of deferral. At the end of five years, if the lots are divided and sold, frontage would have to be plat ted. No further const rust ion of City improve- ments is now contemplated. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-675, A RESOLUTION DEFERRING ASSESSMENTS - PROJECT NO. 005 in the amount of $42,537.48. Motion carried on a Roll Call vote, five ayes. Assistant Manager Boyles explained that this assessment was deferred previously because of concerns expresseJ ,y United Hardware and property owners in Nathan Trails. the Assessment Committee met with representatives of United Hardware and Ryan Business Center and a settlement was agreed on. 2y3. LARCH PLACE PROJECT 005 Item 8-A-1 IMPROVEMENT RESOLUTION N0. 81-675 DEFERRING - SSENTS PROJECT N0. 005 LARCH PLACE Item 8-A-1 Regular Council Meet!ng Octow S, i981 Page 294 Councilmember Neils stated that the Assessment Committees recommendation is to adopt the original roll with the exception that the $8,800 sanitary sewer assessment be transferred from Itn•i ted Hardware to lot N5 of the Ryan property at the suggestion of the Ryan representative. E. H. Von Galder, 471'j Pilgrim Lane, asked if Mr. Dietrich, ,dev,sloper ofat ar, Tra'ils', Addit ton, was going to pay the assessment for all the lots in the development. Engineer Moore answered that there are 59 platted lots and one large outlot. Mr. Dietrich will pay irmnediately all assessments in Nathan Trails for the platted lots in the amount of approximately $46.000. The remainder will be paid as the ottlot is platted. Councilmember Neils explained that these assessments will be taken care of without a-ier seeing the tax rolls. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, to adopt RESOLUTION N0. 81-6769 A RESOLUTION ADOPTING ASSESSMENT'S, PROJECT 904, 49TH AVENUE IMPROVEMEVTS, NATHAN TRAILS in the °amount of $115,619.40. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, to adopt RESOLUTION NO. 81-677, A RESOLUTION ADOPTING ASSESSMENTS, PROJcCT 904, 49TH AVENUE UTILITY IMPROVEMENTS including !he recornnendat i on of the Assessment Committee -in the amount of $221,351.70. Motion carried on a Roll Call votes five ayes. MOTION was made by Councilmember Hoyt, seconoed by Councilmember Neils, to adopt RESOLUTION NO, 81-678, A RESOLUTION ADOPTING ASS.ZSSMENTS, 6'OJECT 904, 497!1 AVENGE STREET IMPROVEMENTS in the amount of $77,521.75. Motion carried on a Roll Call vote, five ayes. MOTION was made by Couniclmelrher Hoyt, sc:•r.idea by Councilmember Neils, to adopt RESOLUTION N0. 81-679, A RESOLUTION STATING BENEFITS FOR LEVIED t.5SESSMENTS FOR PUBLIC IMPROVENENI*S AGAINST UNITED HARDWARE COMPANY, kotion carried on a Roll Cali vote, five ayes. MOTION was made by Councilmemoer Neils, seconded by Councilmember Schneider, to adopt RESOLUTION 110. 81-6G0, ADOPTING ASSESSMENT FOR 1981 REMOVAL AND DESiK'UCTION OF DISE ASEO TREES at a total cost of $14,233.68. Motion carried on a Roll Call vo'o, five ayes. MUTTON was made by Cuuncilmembpr Hoyt, seconded by Mayor Davenport, that the City Engineer meet with representatives of the Cuunci l to make adjustments in th.i language oil the D; ceased Tree Abatement Progre:a novices to el in:inate some of the problems which have developed in the rist, Motion carried, !iwe ay,-. 294- iESOLUTION N0. 81-676 i, SS SM S PROJECT 904 49TH AVE IMPROVEMENTS Item 8-A-2 RESOLUTION NO, 81-677 ADMIR%SSSM NTS PROJ'_CT 904 49TH AVE. UTILITY I- err: 8-A-2 RESOLUTION N0, 81-678 ADOPTING -ASSESSMENTr PROJECT 904 49TH AVE. STREET Item 8-A-2 RESOLUTION N0, 81-679 GRYI1NG-ASSESSMENTSSESSSMENTS UNITEn HARDWARE CO. Iter^ .'%-A-2 I,ESOLUTION 110. 81-680 WMIMD15 SMENT- 1981 REMOVAI. OF DISrASEG TREES iLem 8-A-3 1 Regular Council Meeting October 5, 1981 Page 295 Councilmember Threinen stated that the relative success of the program could be determined by cont4cting the University of Minnesota which does an analysis of the program. The City may be expending a lot of money on the program and not benefitting. 140TION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-681, APPROVING CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE FOR HONEYWELL, INC. (A-151). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, Hoyt, to adopt RESOLUTION NO. 81-F82, A LOT CONSOLIDATION/DIVISION FOR E.,ISTING LUNDGREN BROTHERS CONSTRUCTION COMPANY, OAKS" LOTS 3 AND 4, BLOCK, 1 (A-742)0 seconded by Councilmember RESOLUTION APPkOVING PLATTED LOTS FOR INCORPORATED FOR Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, Hoyt, to adopt RESOLUTION NO. 81-583, TO FILING OF LOT DIVISION/CONSOLIDATION CONSTRUCTION COMPANY, INCORPORATED FOR seconded by Councilmember SETTING CONDITIONS PRIOP FOR LUNDGREN BROTHERS BURL OAKS" (A-792). Motion carried i:n a Poll Call vote, five ayese Assistant Manager Boyles introduced the request of Jeffrey Vitale for a conditional use permit and site plan approvel for the construction and operation of bowling lanes, amusement; game roorr,, restart,ant and lounge. The Planning Clommission held a public hearing on the request August 26. Pete Re nier, attorney for Jeff Vitale, stated that the bowling lanes and amisement/game room require a conditional use permit while the restaurant and lounge are allowed uses in this district. RESOLUTION N0. 81-681 APPROVING C DITION L USE PERMIT -OUTSIDE STORAGE-'RONEYWELL A-151) Item 8-B* RESOLUTION N0. 81-682 APPROVI 7- CONSOLIDATION/DIVISION BURL OAKS (A-792) Item 8-C* RESOLUTION N0. 81-683 SE-TTING CONDITIONS BURL OAKS" (A-792) LOT DIV./CONSOLIDATION Item 8-C* RODEO LANES" (81042) CONDITIONAL USE PERMIT IEFFREY VITALE Item n -D Rick Sathre, engineer for Jeff Vitale, stat,,?d that Mr. Vitale as moves the proposed location of his buiiding to the north line of the site to make it contiguous with a proposed shopping center. He has tried to provide effective screening of the parking lot aiid has further added islz nds to the parking lv)t to break up the blacktop. He endorsed the landscaping and lighting plans. He added that he has been workioig with Mr. Vitale for approximately one year to develop a liood facility which would be a positive contribution to the City. John Shardlow, of Howard Dahlgeen Associates, explained that he was initially contact,,d by residents in the area who asked his opinion on whether this would be a pentnitted use. At that time he explained the perwitted uses to tht-m and ofsered to mediate with the devc-toper and City. He did not hear from them again. Later his firm was contacted by Mr. Vitale who asked him to review the site plans and minutes of Planning Commission meetings. After doing sr, he stated he could hind no justification for denial of the conditional use permit. He stated the population in the area defined as a driving neighborhood would support a facility of this type. Regular Council Meeting October 5, 1931 Page 296 Mr. Regnier stated he has reviewed the City's comprehensive plan and ordinances with reference to the differences between a walking and driving neighborhood. The core of the driving neighborhood is a shopr.ing renter. He responded affirmatively to Councilmember Threinen's question whether the paint is that a bowling facility is an appropriate use in a neighborhood shopping centers Loren .Schiehe, representing the Northwest Metropolitan Chamber of Commerce, stated that the Chamber had a long discussion ,n this item and decided this development would be a real compl::ment to the area a-nd urged positive action by the Council. John Gabrielson, representing Coldwell barker, has keen involved W(th the developments He stated that development to the area has been slow to recent years because there is a lack of support services in the recreation and restaurant areas. Developers of office buildings look for support facilities for their workers. He feels that with the development of the Vitale project there will be a benefit to the area and it, will promote further development. He highly recommended approval by the Council. Pat Michaelis, representing the Four Seasons shopping center merchants, stated that the plans are conducive to good business and to the c(Mmunity. She had signatures from the merchants recommending approval of the project. Herb Sands, representing Brunswick Corporation, stated a bowling center is a neighborhood type operation. He believes the plans are an asset to the community and will bring in additional revenues to the City. He responded to questions from Councilmember Neils and explained the criteria used to determine the market area and size of the facility. Mayor Davenport asked Mr. Sands if a Icunge was a necessary part of the bowling center. Mr. Sands answered that a lounge goes with a bowling center ind as a financial tease is a necessity. He emphasized that the lounge would be a service to the bowling alley and not like a tavern. C. H. Van Galder, 4715 Pilgrim Lane, stated neighbors he has talked to believe th'i swould be an asset to the r,ommuni ty. Mayor Davenport stated the testimony so far has focused on the bowling facility, and he suggested the matter of the proposed lounge be addressed. Councilmember Neils asked Mrs for other neighbors. Mr. Van for himself but could provide required* Vern Kohlhef, 10015 47th Ave. is in need of a social center. facility and believes it would support by the Council. Van Galder i f he spoke for himself or Galder answered that he was spearing a petition in favor of the project if N., stated he believes his neighborhood He has seen the plans for the be an asset to the areo. He urged Art Fretag, 10025 47th Place N., spoke in favor of the project. lick Krohn, 4060 N. Trenton Lane, lives across from the proposed prf-'— jc - t feels it could be beneficial to the neighborhuod in to s o jobs provided. 29G- Regular Council Meeting October 5, 1981 Page 297 Bernice_ Mfelby, 10415 41st live. N.. stated she was a bowler and a parent and felt this would he a good facility. She stated she raised her children to obey rules and the law and others could do the same. Jeff Vitale. 10025 47th Ave. N., stated that his feeling all alcng was that he Mas with in the City's allowed use and that was why he didn't make this type of presentation at the Planning Commission public hearing. He said that the Planning Commission's negative action lead to the conclusion that supportive testimony as needed. Councilmember Threinen asked if the amusement/game room was an essential part of the plan. Mr. Vitale answered that it wase He also stated that babysitting would be provided. access to the handicapped would be provided, he WWI promote coordination of leagues with the local school,, free lessons would be provided, and special leagues would be established for senior citizens. He pointod out that the location of the amusement/game room is across from the control center and under the constant supervision of an attendant. No smoking or drink%ng would be allowed in the amusement area. The parking lot would be patrolled. The restaurant will seat 126 people and the lounge will seat 160 people. There is no bar in the restaurant. Mayor Davenport noted that the consideration of any liquor license is a separate is a separate issue and would be taken up at a separate time. This request is for land use only. Mr. Vitale stated that the lounge is a very big part of the business. The majority of the proposed business will be from the bowlers. He would not jeopardize his liquor license by serving minors or serving to someone who is drunk. Discussion continued on the capacity of the proposed restaurant and lounge. Mayor Davenport stated his concern that the several occupancies, in the building might be excessive relative to the capacity of the site. Mr. Vitale stated that 70 to 75 people will be employed in the facility. He intends to manage the facility on a fvlltime basis. The proposed hours of operation are 8 a.m. to 1 a.m. Sunday through Thursday and 8 a.m. to 2 a.m, on Friday and Saturday. He has no intention of being open 24 hours a day. Roger Egcen, President of Middle East Homeowners Association, stated they want to keep their neighborhood of high quality. He asked that the Council deny the conditional use permit. They don't want a regional entertainment center in their backyard. He believes it would be difficult to develop the rest of the shopping center when the prime 30% is taken for the bowling center. They don't believe a bowling alley should be placed among three adjacent residential areas. They are concerned about the on sale liquor. He feels the amusement/game room would compete with programs sponsored by the local schools. They are also concerned about the noise and traffic caused by the project; and that the use is an intense total entertainment center which will have a negative impact on residential property values. The Council was asked to fully consider the ordinance conditional use permit criteria. Councilmember Neils asked how many of the 400 homes in the association favored denial. Mr. Eggen answered that it was the Board of Directors who voted to ask the Council to deny the request; the Board is made up of 10 members. They did not go door -to -doer. David Burke 4?20 Nathan Lane, 1,tatedhat the City has attracted business '•,to t hoat the bowling center ar that it should be placed somewhere else in the City. 247. hutgul ar Council Reeti ng October 5. 1981 Page 298 Ran Hanson, 4:25 Quaker Lane, stated he would probably be more in favor of tt 0 ow ng alley if he lived further from it as those persons who spoke in favor, but he happens to live abutting to C.R. 9. He is concerned about perty values and noise* pie stated people bought homes in the area depending upon adopted plans for a shopping center which would be compromised by this use. Fred Luckeroth. 4240 Quaker Lane, expressed opposition to the proposal because of the ton ng restrictions and planning previously set by the Council. He does not believe a complex of this nature would bled well in a residential setting. The proposal would compromise the approved City plans for the area. Mike Olson. 4250 Quaker Lane, pointed out that there a.re two high schools within walking distance of the proposed bowling alley. This could be a problem with the amusement/game room. He stated the traffic study does not contemplate drinking drivers late at night. He stated this entertainment usA would set the tone for the balance of the development. Joyce Humboldt, 10410 38th Ave. N.. spoke against the proposal. Mr. Regnier summarized Mr. Vitale's request and added that he doesn't believe there were substantiated reasons for denying the requests He stated it takes more than neighborhood opposition to deny the request-. All the potential problems have been addressed. He answered the concerns of the residents and reminded the Council that this is a conditional use permit allowed by ordinance. He stated the City would have con rol over the use. should problems be realized, by virtue of reconsideration of the conditional permit, and the liquor license. He stated his client would not let potential problems jeopardize the permit and/or license. David Peat, 4230 Nathan Lane, asked the Council to deny the request. Councilmember Neils recalled the early planning questions for this area and stated that concern was not so much whether there should be a shopping center but would it be a quality center. This area was thus planned as a shopping center. The basis for a conditional use being allowed is whether or riot it is appropriate in that zone consistent with the plannings lie noted the ordinance specifically addressed the intent of the B-2 district for unified ownership and development. Councilmember Threinen stated that he is not persuaded that a bowling alley is an integral part of a shopping center and that the concerns expressed by the residents regarding the amusement/game room are well founded. He believes the location is inappropriate. MOTION was made by Councilmember Threinen, seconded by Council- RESOLUfIJ-N N0, 81-684 member Neils, to eadopt RESOLUTION N04 81-684, DENYING REQUEST FOR CONDITIONAL USE PERMIT FOR JEFFREY VITALE FOR "RODEO CONDITIONAL USE PERMIT LANES" (81042), JEFFREY VITALE RODEO LANES" (81042) MOTION w4s made by Councili;iember Neils, seconded by Mayor Item 8-0 Davenport to amend the resolution to add reason 4 as follows: That it is deemed inappropriate to consume 30% to 40% of the total zoned parcel for a conditional use as a principal first develop- ment rather than for a planned unified shopping center as was intended by the ordinance," and reason 5 as follows: "That the proposed con- ditional use would require an on sale retail liquor license which is deemed inappropriate considering the residential character of the area which is adjacent. - 298- egu of wound fleettng October 5. 1981 Page 299 Mayor Davenport s+aced that the character of the proposed use has convinced him that the use is mere intense than he had expected. tie also noted the long hours of operation Being proposed were not similar to those of a neighborhood shopping center. Councilmember Neils added .hat he world rather have the Vitales operating a facility of this type than anyone else he could think of. Motion to amend carried on a Roll Call vote. four ayes. Councilmember Schneider voted no. Councilmember Neils stated his concern with setting a precedent in allowing a liquor license in a residential area. Motion on amended resolution carried on a Roll Call vote, four ayes. Councilmemaer Schneider voted no. MOTION was made by Councilmember Hoyt, seconded by Councilmember Neils, that the Ccuncil look at its policy on granting liquor licenses in proximity to residential areas, that staff gather ordinances from other cities to consider at a Council work session. Motion carried, five ayes. MOTION was made by CounciliaL4nber Schneider, seconded by CouncilT member Threinen, to adopt RESOLU'r0N NO. 81-6850 A RESOLUTION APPROVING SUBDIVISION CODE VARIANCE FOR LOT DIVISION OF UNPLATTED PROPERTY FOR MARGUERITE SCHIEBE (81052). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, to adopt RESOLUTION N0, 81-686. A RESOLUTION SETTING CONDITIONS TO AND TO BE MET PRIOR TO FILING LOT DIVISION FOR MARGUERITE SCHIEBE (81052) with a change to condition 7 to read: "Payment of park dedication fees -in -lieu be required prior to the issuance of a building permit on new parcel and to be paid by owner or builder of the new lot. Mayor Davenport stated that he would rather see a change in the policy instead of waiving the fee on an ad hoc basis$ Council iember Threinen stated he doesn't feel the policy needs a drastic revision but should be dealt with on an individual basis. Councilmember Schneider agreed noting the action does not waive the fee but just defers payment. The Mayor recognized the petitioner and a brief discussion ensued regarding easements and the park delication fee. Motion carried on a Roll Call vote, five ayes% MOTION was made by Councilmember Neils, seconded by Councilmember Threinen, that staff be --iretted to make the special assessment records fnr the newly created parcel reflect the park dedication fees -in -lieu are to be collected from the new owner/builder prior to the issuance of a building permit. Motion carried on a Roll Call vote, five ayes. 249- RESOLUTION N0. 81-685 APPROVING SUBUTUM MARGUERITE SCHIEBE 81052) Item 8-E RESOLUTION N0. 81-686 LOT DIVISION FOR MARGUERITE SCHIEBE 81052) Item 8•E Regular Council Mleettog October 5, 1981 Page 300 MOTION was made. by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION ICU. 81-6879 A RESOLUTION AUTHORIZING REDUCTION OF SITE PERFORMANCE BOND FOR MINNESOTA TORO,, INr.(79047) Ration carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen-, to adopt RESOLUTION N0. 81-688. A RESOUfiON ORDERING PREPARATION OF PRELIMINARY REPORT, BROCKPAHLER ADDITION, STREET AND UTILITIES. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO. 81-6899 A RESOLUTION ACCEPTING PETITION FOR IMPROVEMENTS TO WESTRIDGE 4TH ADDITION. J NO. 81-687 SITE PERFORMANCE MINNESOTA TORO (7 ) Item 8-F* RESOLUTION N0. 81-£38 ORDERTO PRELTRINWT REPORT, BROCKPAHLER ADON. STREET & UTILITIE Item 8-G-1 RESOLUTION N0. 81-689 ACCEPTTNG PETITION FOR IMPROVEMENTS WESTRIDGE 4TH ADDITION Discusalion was held on the fact that engineering work for this Item 8-G-2 project had been largely completed by the developer's engineering firm. Engineer Moore proposed that if the engineering plans meet City requirements the City would accept the plans and designate an engineer for the project who would use the approved plans in completing public improvement bidding and construction requirementt.. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO. 81-690, A RESOLUTION ORDERING PREPARATION OF PRELIMINARY REPORT, WESTRIDGE STH ADDITION, STREET AND UTILITIES. Motion carried on a Roil Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO., 81-691, A REQUEST FOR PAYMENT N0. 1 AND FINAL, 1981 SEAL COAT PROGRAM in the amount of 175,386.94 to Allied Blacktop, Inc. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO. 81-692, A REQUEST FOR PAYMENT N0. 1 AND FINAL, FUEL PUMPING FACILITIES, PROJECT 808 int the amount of $42,625.00 to Zahl Equipment Company. Motiin carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO. 81-693, A REQUEST FOR PAYMENT N0. 5 AND FINAL, CRITERION MPUD UTILITIES, PROJECT 925, in the amount of $4,101.32 to Northdale Construction Co., Inc. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Ho t, to adopt RFSOW TION' N0, 81-694, A RESOLUTION AUTHORIZING U ST FOR PAYMENT PROJECT N0.0' 7, C MUNI TY PLAYFIELDS, Si II, SCHEDULE G, in the amount of 0.512.29 to Perkins Landscape Contractors, RESOLUTION N0. 81 - REPORT, WESTRIDGE ADDN. STREET & UT Item 8-G-3 RESOLUTION N0, 81-691 IEI REQUEST FOR PAYMMT NO. 1 8 FINAL 1981 SEAL COAT PROGRAM Item 8-H-1 RESOLUTION N0, 81-692 REQUEST FOR -PAYMENT N0. 1 AND FINAL, FUEL PUMPING FACILITIES PROJECr 808 Item 8-H-2 RESOLUTION N0. 81-693 REQUEST F R- TATRI: N— N0. 5 AND FINAL CRITERION MPUD PROJE:.T 925 Item 8-11-3 RESOLUTION N0. 81 - FOR PAYMENT, PROJECT' N0. 017, COMMUNITY PLAYFIELDS Item 8-H-4* Regular Council pfeeting October 5, 1981 Page 301 MOTION was made by Councilmember Hoyt, seconded by Councilmember Threinen, to adopt RESOLUTION NO. 61-695. A REQUEST FOR PAYMENT NO. 4 AND FINAL, PINETREE MIDDLE POND DREDGING, PROJECT N0. 113 in the amount of $1,133.21 to Contracting Services, Inc. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Hoyt, seconded by councilmemb!r Threinen, to adopt RESOLUTION NO. 81-E96, A REQUEST FOR PArIENZ N0. 8 ANU FINAL., VICKSBURG LANE/CO. 'D. 6 IMPROVEMENT PROJECT PROJECT N0. OCC AND 950 in the amount of $6.42i.S9 -to Progressive Contractors, Inc. Motion carried on a Roll CAll vote, five ayes. Councilmember Threinen asked about Mr. Eugene Berthiume's involve- iaent in the requested vacation of existing easement for street right of way on 26th Ave. west of Fernbrook Lade which was received from Magney Construction Co. and Marvin and Judy Herwig. Fngineer Mt)jre answered that Mr. Berthiume's property does not abut land to be vacated. MOTION was made by Counci1nem er Thriinen, seconded by Council - member Schneider, to adopt RESOLUT uN N0. 81-691, ORDERING PUBLIC HEARING ON THE PROPOS0, VI'.,,ATION OF A PORTION OF STREET EASEMENT WEST 01 FERNBROOK LANE AND SOUTH OF 27TH AVENIIE. Motion carried on a Roll Fall vot. five ayes. MOTION was made by Councilmember Threinen, seconded by Council - member Schneider, that Mr. Eugene Bertkiune be notified of this hearing. Motion carried, five ayes. MOTION was made by Councilmenber Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION! NO. 81-698, A P'"SOLUTION ORDERING PLQ3'.IC HEARING ON THE PROPOSED VACATION OF THE UTILITY AND DRAINAGE EASEMENT ON THE COMMON LOT LINE OF LOTS 8 AND 9, BLOCK 1, INDUSTRIAL PARK 494 ADDITION for November 2, 1981. Motion carried on a Roll Call vote, five ayes. Robert Atkinson, 1021 Yuma Lane, coverected Engineer Moore's letter stating the footage to be vacated. lie asked that t'sis be corrected before the proposed public hearing. Mayor Davenport stated that if there iS any likelihood that the Council will not approve this vacation request at a public hearing, Mr. Atkinson should be told so before he goes to the expense of hirinq a surveyor to obtain a legal description. Mr. Atkin City whic the owner utilities on stated he would be willing to sign a would go with the property if he sold of this property would pay any expense on the easement have to be repaired% 301- waiver for the it stating that incurred if the RESOLUTION NO. 81-695 We 4 AND FINAL PINETREE MIDDLE POND PROJECT N0. 113 Item 8-H-5 RESOLUTION NO. 81-696 REQUEST OR ENT N0. 8 AND FINAL VICKSBURG LN/C.R. 6 PROJECT N0. 002 8 950 Item 8-H-6 PROPOSED VACATION OF STREET EASEMENT 267H W. OF FERNBROGK Item 8-I-1 RESOLUTION N0. 81-697 ORDERING PUBLIC HEART PROPOSED VACATION 26TH W. OF FERNBROOK Item 8-I-1 RESOLUTION N0. 81-698 PROPOSED VACATION INDUSTRIAL PARK Item 8-I-2• REQUESTED VACATION ROBERT ATKINSON CIMARRON PONDS Item 8-I-3 Regular Council Meeting October 5, 1981 Page 302 Engineer Moore stated that this is a reasonable solution because it is a shallow storm sewer. Planner Tremere stated that act a PUD property the requested building modification would also require a hearing by the Planning Commission because it is in a multiple residential zone. Councl lmember Neils st-ited he Is worried about the precedent this may set although 1 a doesn't have any concern about this particular petition. Mayor Davenport stated that if there were some wad of keeping this from setting a precedent he would also be in favor. MOTION was made by Councilmember Schneider, seconded by Council - member Hoyt, to adc;)t RESOLUTION NO. 81-6999 A RESOLUTIO•; SETTING A PUBLIC HEARING For November 2 on Mr. Atkinson's requested easement vacation. Motion carried on a kol l Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTI,,N N0. 81-7000 A RESOLUTION REDUCING DEVELOPMENT BOND,, CIRCLE S,iAR BUSINESS CENTER 4TH ADDITION 8CO28). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N0. 81-101, A RESOLUTION AMENDING ENGINEERING SERVICES AGREEMENT, BONESTR00, ROSENE, ANDERLIK R ASSOCIATES, INS. to incorporate the new Schedule B, 1982 Rate Schedule e fective January 1, 1982. Motion carried on a Roll Call vote, five dyes. MOTION was mate by Councilmember Neils. seconded by Councilmember Hoyt, to adop% RESOLUTION N0. 81-702, A RESOLUTION APPROVING CHANGE ORDER NO. 1. PROJECT N0,, 017, COMMUNITY PLAYFIELD IMPROVEMENTS, PHASE [I, ELECTRICAL CONTRACT - SCHEDULE "D" by adding $550.00. Motion carried on a Roll 011 vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-7036 A RESOLUTION RECEIVING PRELIMINARY REPORT AND ORDERING PROJECT, STREET LIGHTING - ZACHARY HILLS 2ND ADDITION. Motion carried on a Roll Call vote, four ayes. Councilmember Neils abstained. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-704, A RESOLUTION RECEIVING PRELIMINARY REPORT AND ORDERING PROJECT, STREET LIGHTING -- MISSION HILLS PARK 8TH ADDITION. Motion carried on a Roll Call vote, four ayes. Councilmember Neils abstained. RESOLUTION 81-699 1 l% PUBLIC ING CIMARRON PONDS VACATION REQUEST Item 8-!-3 RESOLUTION NO. 81-700 REDUCINGL BOND, CIRCLE STAR BUSINESS CIFNTER Item 8 -J -I* RESOLUTION NG. 31 1 Ti t: MjW SERVICES A(3REEMENT BONESTR00, ROSENE, ETC, Item 8-K RESOLUTION N0 f31PROVINGM N0. 1, PROJECT 017 COMMUNITY PLAYFIELD ELECTRICAL CONTRACT Item 8-L-1* RESOLUTION N0. 81-703 RECEIVITZ WLTRINAP REPORT 11 ORDERING STREET LIGHT?NG - ZACHARY HILLS 2ND ADON Item 8-M-1 * RESO'LUTION N0. 81 e, RECEIPkEL IMITWY REPORT b ORDERING STREET LIGHTING - MISSION HILLS PARK Item 8-M-2* Regular Council Meeting October 5, 1981 Page 303 MOTION was mAde by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOWrION NO. 81-705, A RESOLUTION RECEIVING REPORT ASID CALLING FOR HEARING ON STREET LIGHTING !MPROVEMENTS, GARLAND AND FOUNTAIN LANES. Motion carried on a Roll Call vote, four ayes. Councilmember Neils abxtained. Discussio, was held on the status of the proposed turnback of County PoaJ 15 to the City. MOTION wa made by Councilmember Schneider, seconded by Mayor Davenport, to adopt RESOLUTION N0. 81-7066 A RESOLUTION OF CONCURRENCE, TURNBACK OF COUNTY ROAD 15. Motion carried on a Roil Coll vote, three ayes. Council members Hoyt and Neils voted no. MOTION was midi by Councilmember Neils, seconded by Councilmember F1oyt, to adopt 'ESOLUTION NO. 81-70?, A RESOLUTION ORDERING PREPARATION OF PKFLim"INARY REPORT ON GLACIER LANE FROM 28TH PLACE TO 27TH AVENLF. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, tc adopt RESOLUTION N0. 81-7080 A RESOLUTION ORDERING THE PREPARATION OF A PRELIMINARY REPORT ON CO. Rne 61 FROM 26TH AVENUE TO W. MEDICINE LAKE DPIVE AND XENIUM LANE FROM CO. RD. 61 TO 200 FEET NORTH OF 34TH AVENUE. Councilmember Schneider stated his concern that the City is not committiiig itself to build and pay for the road. Mayor Davenport stated he believt d it was the policy of the City that whoever does the nreliminary engineering work gets the tinal work. lie was concerned that this wasn't so on this project. Councilmember Neils pointed out that th;s happens many times. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION N0t, 81-709, A RESOLUTION ORDERING PREPARATION OF PRELIMINARY REPORT ON NATHAN LANE FROM 45TH AVENUE TO HAMEu ROAD. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Hoyt, to adopt RESOLUTION NO. 81-710, A RESOLUTION ORDERING PREPARATION OF PRELIMINARY REPORT ON SYCAMORE - ROSEWOOD - 15TH AVENUE, PROJECT N0. 814. Mocion carried on a Roll Call vote, five ayes. 303- RESOLUTION NO. 81-705 CALLING HEARING SIREET LIGHTING IMP. GARLAND b FOUNTAIN LN. Item 8-M-3* PROPOSED TURNBACK C.R. 15 RESOLUTION NO. 81-706 CONCURRENCE ON TURT7 BACK OF C. R. 15 Item 8-N RESOLUTION N0. 81-701' T1 Y REPORT, GLACIER LANE 28TH PLACE TO 27TH AVE. Item 8-0-1* RESOLUTION N0. 81-708 DERING PRELIMINARY kEPORT, C.R. 61 8 XENIUM LANE Item 8-0-2 RESOLUTION N0. 81-709 ORDERING PRELIMIN REPORT, NATHAN LANE Item 8-0-3* RESOLUTION N04 81-710 ORDERING IMINARY REPORT, SYCAMORE, ROSEWOOD, i 5TH AVE. PROJECT N0. 814 Item 8-0-4* Regular Council Meet i nq October 5, 1981 Page 304 MOTION was made by Councilmember Neils, seconded by Councilmember RESOLUTION N0. 81-111 Hoyt, to adopt RESOLUTION N0. 814119 A RESOLUTION ORDERING ORDERING PRELIMIN PREPARATION OF PRELIMINARY REPORT ON POND BC -Pd IN PLYMOUTH REPORT, POND BC - CREEK PARK. PLYMOUTH CREEK P Item 8-0-5* Motinn carried on a Roll Call vote, five ayes. MOTION was made by Councilmenber Neils, seconded by Councilmember RESOLUTION N0. 81412 Hoyt, to adopt RESOLUTION NO. 81-712, A RESOLUTION ORDERING WERiAG-P INA Y PREPARATION OF PRELIMINARY REPORT ON 34TH AVENUE FROM FERNBROOK REPORT, 34TH AVE. LANE TO XENIUM LANE, WATERMP.:N. WATERMAIN Item 8-0-6* Motion carried on a Roll Call vote. five ayes. MOTION was macre by Councilmember Neils, seconded by Councilmember RESOLUTION N0. 81-713 Kiyt, to adept RESOLUTION N0. 81-7139 A RESOLUTIO" ORDERING ORDERING VRIELRIN PREPARATION OF PRELIMINARY REPORT ON CONNECTION THROUGH DNR REPORT, CONNECTI01; DNR TRAIL HEAO AT VICKSBURG LANE WATERMAIN. TRAIL AT VICKSBURG WATERMAIN Motion carried on a Roll Call vote, five ayes. Item 8-0-7* MOTION was made by Councilmember Neils, seconded by CouncilmL-mber RESOLUTION NO. 81-714 H;;yt, to adopt RESOLUTION NC. 81-714, A RESOLUTION ORDERING ORDTNG REPORT PREPARATION Op A REPORT ON WELL N0. 7. WELL Me 7 to adopt RESOLUTION 110. 81-716, A RESOLUTION APPROVING MUMTwn"T PEDDLERS, Item 8-0-8* Motion carr= ed on a Roll Call vote, five ayes. the sale of patio door storms. HOFSCHULT 14 -em 8-Q* MOTION was made by Councilmember Neils, seconded by Councilmember RESOLUTION NO. 81 19 Hoyt, to adopt RESOLUTION NO. 81-715, A RESOLUTION APPROVING API ELECTION JUDGES FOR NOVEMBER 3, 1981 CITY ELECTION. JUDGES, NOVEMBER 3 CITY ELECTION Motion carried on a Roll Call vote, five ayes. Item 8-N* MOTION was made by Councilmember Neils, seconded by Councilmember RESOLUTYIN NO. 81-716 Hoyt, to adopt RESOLUTION 110. 81-716, A RESOLUTION APPROVING MUMTwn"T PEDDLERS, SOLICITORS, OR TRANSIENT MERCHANTS LICENSE FOR LICENSE -DAVID DAVID JAMES HOFSCHULT for the sale of patio door storms. HOFSCHULT 14 -em 8-Q* Motion carried on a Roll Call vote, five ayes. REPORTS OF 3FFICERS, BOARDS AND COMMISSIONS MOTION was made by Councilmember Hoyt, seconded by Councilmember 4SOLUTION NO. 81-717 Schneider, to adopt RESOLUTION N0, 81-717, A RESOLUTION AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON VARIOUS NO PARKING SIGNS ON STRCETS. VARIOUS STREETS Item 9-A Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilnember Neils, seconded by Councilmeunber RESOLUTION NO. 81-719 Hoyt, t,n adopt RESOLUTION NO. 81-719, A RESOLUTION ADOPTING ADOPTINGPOLICY A POLICY ESTABLISHING PROCEDURES FOR SECURING CONNECTION TO MUNICIPAL SANITAR THE MUNICIPAL SANITARY SEWER SYSTEM. SEWER SYSTEM Item 9-B* MotioA carried on a Roll Call vote, five ayes. 3A4. Regular Council Meeting October 5, 1981 Page 305 NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 814209 A RESOLUTION AUTHORIZING THE INCLUSION OF BASS LAKE AND GLEASON LAKE HOMMOWNERS ASSOCIATION AS ADDITIONAL INSURED TO THE CITY'S GENERAL LIABIL17Y INSURANCE POLICY. Mayor Davenport asked whether other communities were being asked to support the request. Motion carried, on a Roll Call vote, five ayes. Lee Wallace, 415 Comstock Lane, representing the Gleason Lake omeowners, answered that the proposed aerator will be installed in Plymouth and other communities cannot be asked to participate. Motion carried on a Roll Call vote, five ayes. The meeting was adjourned at M40 a.m. Eauri e you y Clerk RESOLUTION 30. 81420 AUTHOR NGImo'CE N BASS LAKE A GLEASON LAKE HAA TO LIABILITY INSURANCE POLICY Item 9-C