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