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HomeMy WebLinkAboutCity Council Minutes 05-17-1982I MINUTES REGULAR' COUNCIL MEETING May 17, 1982 The regular meeting of the Plymouth City Council was called to order by Mayor Davenport at 7:30 p.m. in the Council Chambers of the, City C*nter at 3400 Plymouth Soulevdrd on May 170 1962. PRESENT Hdyur Davenport, Councllmembers Moen, Hells, Sichnelde:r and Threinen, City Manager Willi;, Assistant City Manager Boyles, P1drule:r Treme:re, Engineer Moore, Park Director clank, City Attorney Lefler and City Clerk Houk, AHSENTc None PLYMOUTH FORUM Mdr lidtdldeil, 17220 14th Ave. N., stated she would 11ke a better un erstar dir g of the pld4ning of the Klm,*rly Heddows development. She asked how the developer got by r.ith so little screenlr g of the project., where the water is !apposed to be drdllling from the property, did why the+ ldve sidewdlks ti front veal back of the development. Mdyor Davenport answered that the trees that are Ln pldce ore smdl.i but weet the requir.emel ts as to numbers. He .atdted Lhdt the `ldnnlr g CooMisslon a 5 ds diligent !n this mWLer ds they are in dil others. Manager Willis stated that there shout' not be a rroblem with water drdli dee If the project ods built dcccrdllig to the piths submitted by the developer. He added that if Mrs. datalderr had arty other questions she should COIItdCt R31dir Tr.at;re, Plannlrtq 01rector. LVHSE4 AGENDA MGT 10..4 was made by Councilmember Moer, to Item 8-C* dr d mdkillg headil g. Cclu. do i lmembe r Schnel der, secu r de d by dpprove tht c0113er t drrrrdd by deleL tr q it-, I term 7-C under the Public Hedr i ng MOLL(. passed on d hJll Cdl 1 vote:, five dyes, MINUTES HOTION wds made by Coutillmember Schtieideer, seconded try Councilmember Mier, to dpprove the minutes of the requl..ur CuutIcil meeting of Mdy 3, '1982 .is submllLtd. M„tloll passed on d Roll Cdl l voLe:, five dyt~s. PLYMOUTH f tem' 4 CONSFNT Item 5 M1NUTk:S MEETING 1;) 82 Item 64 FORUM AGENDA RF GI ILAR OF MY 1 y, Mtigular Cowlcil May 17, 1992 Page 113 PUBLIC ME.AR NGS Meet 1019 Mayor D.lverr}port stetted thdt the purpose of this public hearing PUBLIC HEARING - r as to consider the Fox Forest .Wditlori/18th Ave. improvements. FR03ECT 122, rox He expidirled the public hearing process. FOREST MITSON/ 18TH AVr%. ' I14P Mdtrdger Willis stdted that the proposed 18th Avenue project Item 74 Involves the construct ion of sanitary sewers and watezinain to serve Chia 1'r)x Forest Additiclvr and also the remalttdler of the property which lies be. ween the frontage road on Highway 55 and Forestview Larry. 18th Averuere Will, also be constructed from Highway 55 to West Medicitre Lake D ive along with necer nary storm sewer. The cost estimates drtd alignment have beat prepared by the Cngineering Department. The special assejsment curr±mittee lids ruvlewed the report and applied the City's assessment policy, if this project should be ordered by the Cowtell within the next six months, the City would undertake to have the Etrgitreer prepare specs drtd take bids. After the project Is cumpleted the Council would dire#..( the prepardt: ion of a special dSsesswitt roll and hold another public hearing. At that Lime Lhe Council will riedl w1Lh the. actual cost%: assessed agaLrtfit edch property a(tu he encouraged : esidents to attend tile. Assessment Puhlic tiedritiq. Ertgiiieer Moore stated that th,,s propostd improvement: -is in response to a petition fro. the developer of Fox Forest. The developer will pay ;001 of the dssessment ori both sides of the street in the area Ire awns. The .%ems! rtder will be dssesspd tta Lhe dbuLLing property owners. There will be two types of street standards in the improvement beeduse of Lhe d1Yferenl proposed uses of Lhdt street.; utte Lo residential street stdttrldrds of 3, feel wide and the ether to collector street standards of 36 Feet wide. The City would be paytnr the. cost Lo construct the etaittlltn walls In the dpproxlmdte .cr„ouriL of %1" 5,;89.35. Mayor Davenport ui)etted the public hearlttg at 8:00 p.m. Lett Thiel, 2910 Flay Ave. S., represent. + ncr Cerrtur Lott Company, 77ed he Ls lit favor of Lite project. Mayor Davtinport stdted ttrdt the f told! plat will be before thf. Pl.rnnirtq COMiSs ton dL Its meutltty of May 26. Andre Lee, 11f 31 18th Ave. N., stdted that tet: residents on the t:dsLsite of 13th Ave. have had seftr acrd blacktop ro ids a,td drE sdL,I,sfLed. 11' stamecttU wants drtd.iLlr.rtdl ImprueemenLs, they should pay for them. Huss Smith, 11M.5 18th 1 (e. N., t)bjected to the Improvement. also as tile rood would hd•4 value to the resldesiLs on the east encs of the pr%'t'ect. If ,here was an upgrdding orf Lhe road, Certturltut shun01 a pay for It. Flurenc t S i', 11825 180 Ave. N., also objected to Lh;, prupv%ed rrr,provemr,ttts. Regular Council Meeting May 179 1982 Page 114 Selvdtore.S. Cecere, 5501 McGuire Road, Edl a, property known as eetonia, Inc., wanted to be opposition to the project. He will be attempting an agreement with a<other property owner to property and feels the proposed 18th Ave. would development they may propose. owner of the on record in to enter Into develop their cut 1 oto any R. H. Swaggert, 11814 18th Ave. N., stated that the road as propose would be right in his froe t yard because he already Is only 18 feet from the road. He also objected to the increase In traffic which would result. Michael Huber, 10949 Johnsci e Ave., Rloomi gtor, asked if the City pldbned to mdke -this are, into a park in the future. Md<ager WILLIS answered Thal d cu ecept plar has beer sub nitted which would make d park in this arca. Mr. Huber stated his co ecern with the taxes he Is paying already on this empty lot and the: fact that the lot is unbulldable without costly improvements. Mayor Ddver porL stated that the assessmer t Is made: do the basis that the lot Is ber efltted. If the City weld proceed to purchase the land for d park, that the purc:tase price ouid reflect the le,provermenfis co itemplated in this pr-je:t• He added Lhdt this is the: first of two public hearings; -Ae secona will be to dlscus4 actual dViessme t amounts. Allen Green9Lelij 505 Clover. Lane, representlt g ox Herfurth ea y, asked w1 ether or not the Cour cil would be open to rezoning. Mayur Davenport: answered that there is d procedure for revue:sting rezoning property. The: public hedrl eg was closed at 8:25 p.m. NOTION was indde by Cour cllmember Neils, seco ided by Councllmember Moev, to defer action n orderinq of the project unLil the filial plat for Fox Fnrest d id the developme et CoretrdCt for the Fox Forest Addlt loi has bee executed; and further, that possible dssessme:its be rereviewed by the Specidl. Assessmeiot Committee. Motloee passed or a Roll Call vote, five dyes. PIOIi%'P';: was made by Cou ecllmembe:r Neils, seJcu:deod by Cuuncilmember Threine e, to direct staff Lu bring the Senlor Citizen Oe:ferre±d Assessment Policy back e,o the Couitcll by the wid of Oeuee wiLh the new incomes figures for 1982 and explore the;; possibiliLy of loweri eg the age of eligibility from 65 to 62. MuLluie eodrried, five ayes. M01idger Willis stdLed Lhdt Lhe City has u11dertdken work Lo n dKe certain improvements to the storm drdlndge plan lit the Northwest Business Compus. The area of Lhe proposed poi d i ig strUCLure, 13 diong Plymouth Creek between 28th Ave. dnd the proposed C.R. 61. The low deiislLy resideuL idl Bred would be assessed aL n e PUBLIC HEARING PROJECT 1239 POND BC -131 I l MPIt0 t EME N T S teem 7-H Regular Council Meeting May 17, 1982 Page 115 rate, multiple fdmily residerrtia.l. itidustridl/commerc:di dt the hlghost catrslderdtiorl the fact thdt differe.nt vdrylrtg dmounts of runoff. it a little hig[,er, arW,, rate. This tabes into types of usage cotttribu'ze Engineer ,more described the projcbct as having two alternative locdtiores for the control structure; alternate 1 placing the structure behind the house at 2805 Sycamore Lane, and alternate 2 pldcitrg it 850 feet north. The proposed dsessment area includes all properties where water drains to this pond. it 111 dlso be ttecessdry to Cledtt Plymouth Creek chdtrnel between the structure and proposed C.R. 61. He added that the drainage dyed nody be reduced ds mire study of the project Is conducted. Mdyor Udvettport opened the public hearing at 8:40 p.m. Cdrlos Hodge, represetttilog _Prude Aldi lttsurdt.ce Co., stdted that V'rudeottidl cbricurs with the proposed improvement. 3ohtr Graves, 12850 28th Ave. N., stdted dlterndtive 2 wds best urhis pruperty. He asked how the City would Insure thdt: the berm would be built. Mdyor Davenport answered that the City would inspect the curnstruct ion but he added that Prudea ldl hds Ito the past dlwdys exceeded City requirements and there hds been little need to watch them. Mr. Grdves dsked about the height of the berm grid where the dirt would come from. Engineer Moore ditswered that the materidl for the berm would hdve to be brought In. Hlchdrd Christidttson, 13310 34th Ave., asked If there was a reason why the City wds currently dllowirtg certdirt drdin.age areas to be filled Ire without requiring Immediate excavdt [ori of other dreds to mditltdin storm water holding cdpdc[ty. Mayor Udvettport answered that the City is cdrryinq o -A Its comprehensive storm pldti. -if one area is filled Ili by development, dnother area must be dug out to hold the drainage dlthough the two types of work do riot hdve to occur dt the same time. Ron Holden, 4235 Fernbrook Larne, spoke In opposly ion to the pro ect. He stated that hla property wouldn't benefit drid lie shuuldrt't be assessed. He dlso ohjected to pdying for the trdttsferring of fill to construct the berm to belief It Nrudetttidl's property. Mdndget Willis stated that the work being dome by Prudentidl hds no bedring on the holdltq edpdclty of the project dnd wouldn't chdn%le the cost. Al Soe:ffker, 2805 Sycdmore Lobe, stdted his object tori of dartitdte 1 becduse the control structure would come within 6 Inches, of h 1 s home dttd he feels -it would destroy his lot* Odle be;rthidume, '16650 101st Ave,, dsked where the water comers From, " itg neer Moore dnswered thdt the wdter comes from storm sewer lilies and drdittdge Wdys drtd drains Into the open dyed. Regis a 0*mcl l Beet l ng 144y 17, 1182 Page 116 Va bchlosser, 4150 Fernbrook Lane, stated his objection to the project :aures he doesn't feel his property benefits. The public hearing was closed at 9:08 p.m. MOTIM 043 Made by Councllmember Neils, seconded by Couacilmember Thceinert, to adopt RESOLUHON N0. 82-232 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, PLYMOUTH CREEK IMPROVEMENTS, PROJECT N0. 123 with the condition that alternative 2 be the preferred structure and that the consulting engineer who prepares plans and specificatlorts for such Impr6vement include any feasible alternative which would lessen the visual Impact to existing homes on 28th Avenue. Motlor% passed on d Roll Call vote, five dyes. Mdyur Davenport stated the purpose of this public hedeing Is to c;ottslder the Issuance of all off-sdIe Intoxlcatlrtg Ilquor license tis, lyd Mdltdelbdum for Highway Liquors, 3435 County Road 18. Mayor Odvrrtport opened the public hedrittg at, 9:12 p.m. lyd Midudelbdum, 1621 Pertttsylvdrtld Ave., asked if the City had any of er quor eppl.lcdt iot%s udder cons iderdt ion at this t Ime. Mditdger Wil lis driswered that It did note The public hedring ads closed dt 9:16 p.m. MOTION was matte ty fouu oilmember Moen, seconded by Council-nember Schneider, to ddop'. RESOLUTION N0,, 82.233 APPROVING OFF -SALE INTOXICAIINC LIQUOR LICENSE FOR IRA MANDELB,AUM. Mut tot% passed un a Holl Call vote, five dyes. F'ET TIUNS RE UES,S AND COWU ICATIONS NOT -ION wits _made by Councl lmember Schneider, s xonded by Counclimember Moen, to adopt ORDINANCE NO. 82-13 AMENDING THE ZONING ONUINANCE TO CLASSIFY CERTAIN LAND LOCATED AT 13501 COUNTY ROAD 15 4 R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT. Motion pdsseo on d Roll Cal vote, five dyes. Hdndgar Willis stated that the request for subdlvislon code attd urbdn development policy vdrldnces for lot division fogy Twltt Odks Redlty on behdif of Letty Cunntnghdm hds been :evlewed dttd cur sldered by the Punning Cummisslutt. Wdlldce Attd r ot%. 3353 Duuglds Drive, representling TwIn Oaks Red ty, pointed out posrttve dspdcts of grdr%tittg the vtiridnce: dll the ,lots meet the, mlttimum size requirements, they- would all support necessary ott site sewers, dttd the prospective gwr%ers are aware of the fact they would not receive full City services. He stated he was dwdre that the state law had changed requiring City dpprovdi of tut divlstot%s irwo.{ving pdreeis of less than 20 RESOLUTION W).82-232 ORDERING IMPROVEMENT PREPARATION OF PLANS 8 SPECS, PROJECT 123 PLYMOUTH CREEK Item 7-0 PUBLIC HEARING - OFF -SALE INTOX LIQUOR LICENSE Item 7-C TRESOLUTLON NO.82-233 APMVITZ OFF --M= INlOX LIQUOR LICENSE IRA MANDELBAUM Item 7-C ORDINANCE N0, 82-13 ORDINANCE - CHRISi MEMORIAL CHURCH 820'0) Item 8-A• SUBDIVISION REQUEST LETTY CUNNINGHAM TWIN OAKS REALTY 82015) Item 8-B Regular Council Meeting May 17, 1982 Page 117 Councilmember Schneider commented these parcels were created before the state law was changed. L. -t Cunningham, 15740 C.R. 479 asked if the City had authority to grant the _Mston. The Mayor answered that the City has this duthority. She stated her neighbors are In favor of the divl,sion, per the submitted petition. Cotaicilmemberr Schitelder stated the City should have a policy on subdivislons of less than 20 acres if variances are going to be granted, t:c j"--llmember Threlnen stated he doesn't believe it would be in the City's best interest to set a precedent in this case when there was other urban ldird available to be developed. Tom nnli!Sh , 1:740 C.R. 47, stated his waft had contacted the ty numerous, times before the dppIIcation was made. She understood thtit th•: City would consider a variance when she requested the: subOlvislon. She had numerous personal hardships dlld d ldc': of favids which prevented the filing of the division before then state Idw changed. MOTION *eis made by Couicilmember. Moen, seconded by Councilmember Sch•teiJer, to defer for further informdtioli from staff as to the iive;to-' y of ex ist I ciq 5 acre parcels in the rural service area diad possible criterla which could be adopted as a policy for dlvislolts such ds this. Nd idger Willi; stated -that the staff could prepare the liiformdtluii wltW j0 to 45 days died have it back to the Councli stwAtime ill July. Courictimetsbec Sc:wieider stated that a fi ianeial hardship cannot be eonsidl.wred by the CUunCII ds a variance request. Ndyor Dixveitport stated the best time "uld be to defer. He dlvisluns of this type, ano the dpprotie the varid ic•e but was ilterrndt Ives. MoLioii cdrried, five dyese the Council could du at; this expldi io,d the problems with Council was nor Incilited to willing to consider possible Bill west, represent iiig Coticord House, stdted he Is request iiig a cord t dl use permit ford retail sale dt 14105 13th Ave. N. The salts hdd but -bit scheduled for Ndy 21 dtid 22 but was changed beeduse It ldcked Cuuur,ll dppr13Vd1. It will be changed to June 10 to 12 if the Council approves tonight. He is dskitiq for a three day permit if possible but would settle for two days. CounullmtsobeL• Neils s+yated shu, hds a problem with the Thursday through SNturday stile4 Shy+ belle: es d traffic problem would be created .in the ared during vegular wort,ing days and hours. CONDITIONAL USE Pt V41 T -CONCORD HOUSE W %REHOUSE SALE 92020 ) Item 9-D E C] 0 Regular Council !feet 1 ng Hdy 17, 1902 Page Ile 1lON wds made by Councilmember Neils. seconded by RESOLUTION NO..82-234 Councilfteasber Moen, to adopt RESOLUTION NO. 82-214 APPROVING A - CO DLTIONAL USE VZ.041T FOR CONCORD HOUSE FOR A ORE -TIME RETAIL RETAIL SALE FOR Sk.E FR0;1 A WWHOUSt FACILITY IN THE I-1 DISTRICT LOCATED AT CONCORD HOUSE, 14105 13TH AVEhW NORTH (82020) amending condition f1 to read: CONDITIONAL USE The ways arxf times of operation shall be Friday, June 11 from PERMIT ( 82020) 11:00 'd -M. to ?:OO p.m.; Saturday, June 12 f& vee 10:00 a.m. to Item 8-0 5:00 p.m.i. ti:tO sale may cootLeue on Sur,eay, June 13 if they Should w choosy. MOIAN was made b-4 Councilmember Sc[111elder, seconded by Counchmember. Nelle, to dme nd condition. #9 as folows: That the Surtddy hoc.rs ncr begs:@ tw.19re 12:00 p.m. M`ut ion carried, five ayes. Mr. West stdt d that they do not plan to ds,k for tiviother sale for dt least Q.te: year Mid mart likely leo years. Mayor Davenport suggested that staff develop d policy or ordinance amendment to hdptdle these one time sales. Mr. West asked about stgndge for ihe: sale. He r-. oposed a temporary sign on the building to face 1-494 (3 ft. x 50 ft.) and locdte 5 signs (4 ft. x 4 ft.) dt various Ioco.,Ions to offer traffic di: ect ion. They would be taken down a': nl0t . MOTION was made by Councilmember Neils, seconded by Mayor Davenport, to amend the main motion to substitute coiedittoil 112 ds follows: Approval of signage as rejuested by ret it loner. Amendment carried, four dyes. Councilmember Threlnen voted nay. Cowicllme:mber Thretnen asked if the policy would follow this r ;qu(;st and dl low they sdme- type of signdge. MdyoT Ddvenport dnswetred that hes would -iot vtxpect I he pot ley to dllow 50 font signs. He is dpprovii e) it in this Instance because Concord House hds followed the s+sps required to obtain d conditional use permit while mdl)y ocher warehouses just hold thel< sales without perml! lute fron, the City. Mutio;li ds twice dmeiide:d cdrried oit d Roll l~al.l vote, five ayes. MOTIW wds mdd#A by Couitell.membeir Nalls, seconded by CouncDax-mber Threinern, directing stdff to prepdre an or.•dirianece dmendmdnt setti1e0 forth pruviswi,s For ddmli,letrdLLVe dpproval of wdrehouse sates within the 04ustrial district, the urdir.Anee should specify: pdrkliig requirements, sigrA4f.i, hours of aperdtioil, swurity provisions, frc(xvricy of such saies not to exceed tett per cdlenddr year (Jdnu.r'v - January) aiut length of sale not to exceed two days per evoitt, urto day W be SaturOdy; died until the dme:0movit Is ddlupt,edw sur.h sdies mdy lief dpproveci h) ddmInISurati.ve sta" r. Regular Cowicil Meeting May 179 1982 Page 119 MOTION was made by Councllmember Threlnen, Davenport, to amend the motion ind strike the administrative approval of such sales prior amendment . seconded by Mayor last provision for to adoption of the The Mayor stated he wants all requests to come before the Councl 1. Mot lots to amend carried, five ayes. Coutteilmembor Threinert stated he would like the Planning Commisslon to review the ordinance becuase If such sales are to be a policy, the pldrt tir g of such facilities would take oil a different hue with respect to parking. Motion as dmendthi carried on a Rol 1 Call vote, five ayes. Mattoler Willis staf.ed the conditional use permit is requested by Lhe He t tepltt County Park Reserve District to permit Jevelopment dttd operat 1.011 of the Medicine Lake Reg tonal Park. The Planning Co missLutt rtv hewed the Petition d td recommended approval subject to 19 coaditiotts. He stdred that the City has beer working wlLh the County for many years to develop this park. William Eia rb`au, Hetinepi Cour ty Park Reserve, presented some lit ormatiott of_the park itself dnd the system as a whole. He stmmdriterd the history of the County's dealings WILK neighbors of their parks gild the sequence of events leading to the current ded1I1kgs with Lhe City. They herr met with AMLAC repr.ese:rttatives mdtly times to discuss the pldtts. The proposah is for a regional park to service d varieLy of cummurt.ltles In t,hls area. There will be a reutger r,rt duty durl tg times of heaviest use in the summer attd voluttteer I'eike pdLruls all ddy. liurietg the *Utter there will be d voluAeer ski patrol workJng the park. They are dskitiq only for phdse: I development. They don't know when phase 1.1 or III can procecd because of t'lndMCidl ronstrdittLs. CouiteiAmemF.*r Thrreirten asked Don King, Piduner for the Park Reserve) If' the tnatrt road d td parking lots could be moved to the west dL Rio great etuense to the District. Mr. Ki tq d tswered t hdt they bellevtd the road dnd pdrki tg should be ds close; to Lhe edsL houndary of the park ds d matter oe' aesthetle priorlty. WapresseuttaL 1ve:s or the Mission Partners and the Park D istC ict are working on an agreement to resolve the Pdrtrters' c;oicernt; about the luCcrt.tUrt attd buffering of Lhv parking fdcllitieS. Mr. Harbedu sLdt ed Lhdt the; Pdrk Reserve wdnLsj d good buffer to screen the park users' view of the housi tg developme:tt ds V -e1.1 as to scree;lt the home:owtters' view aF the pdrkietg Int. Thnre will be 40 pern titwttt pdved spdJ%es Por cars arid boat trellers otUt till expattsle t of 20 011 tIdvto sndce:s. Their resedrch 9,ct holt cotaluc;ted d suVvey tend worked with the Metroqulltaee Council to determlite the number of spdcjs. Mequtred. HENNEPIN COUNTY PARK RESERVE DISTRICT REQUEST FOR CONDITIONAL USr PERMIT (82019) Item 8-E fl u Replan Council Neeting Mdh 17-0 19K Page 120 I Mayor U veiVort. cimmeted ort the Nldnidfig Cowlsslen's recomendattiorts for the development of ;t "management envelupt" for the lake*, lvclv ding the de-eiopwriot of bodttrwy regulzition; lay aiprpropriat.e dgeaclu.. he stotud thee. the City ha3 oro WLerbtio" i f wti.idtliog bet.weer the l:.rke, property owners and the lake user4 who do not own l,iikea property should beating regt,hdtl:orla 'ble, estdbllshed. The rules Mould apply to all users. Ra stated hop, wds stipport:ivro of ,approving pha3e 1, with onguing efforts by th Gutnty avvJ othea, dgeaocl4ys to de elep d md,riageovit envelope. CcunctimeMer hells asked It ttrere wou!,d be overrllghta act,ivtties tit U* dark. Mr. 'inq d-nswerM, that the pd.rk would be dosed at night. tt wlll Lit open seven days d, week wlrh a feel .required for ddatit:tdoco Mr. Kit g ttoo-ed cortc(frrls .ibout d ",)dsuive park" vs. all 4dctive para" and he eKp.tdin«d the: difference betlseen d Park, tRes,erve ar d W Rrglttlldl Park, iuch as thins orte. He cited the .stubs't.anoidl dt ont 4 undeveloped land to this Regional Park whlen WAS slightly below that-avun.t required d'Or d Park Rest eve. The Mdyor o3ked If the lnstdl tat Lor of d a•we making mdchlite would bis part of phd5J, ll. Mr. Kit.q respoodee thdt they hdvc rout detu:trminMcd If this type of equipment would be zrlst•elled but If 1.1: *QUid, It noulrt be part of d ldter phase. Comeilmeriber Neils asked if the Pdrk District had dcq Ired all the sites tt wants for the pdrk. Mr. Bdrbedu answered that they hare, nut. He added thdt 51,850,000 h -ds bee it cummilLed for phose 1. Beyond that no money has men dll.X .d. Cutaitk lmember Moen dsked If the Park 014,trlet had been i,t co;el:ttct with the Mtssaon Hllls Homeowllers Assuciattnn, Mr. B.1-rbe..0 stattvd thtay had met. Ntth elle. HOA. Ct;ur.t.lmember Moer1 st.dtect she twrcelves thdt., whllM1, WAC [tidy be 4101dre of the, tNinpordry access fear, 36th Ave. M., the Misstot Halls HOA Is lout. Cui.lne l imember• Schneider dskpi-,1 who would puttee t: -e lace beyond the 30(1 foot limit of the Fodrk D.Istrict. Mr. Bdrbe:a, dvisv.,red th t this would be the Couroty's (ilot too:; Pork Dt;t elet j ru5ponslbility. Kntlwpilt WuItty Cum issiotter Robh stdted thly d ;vrob l.em hecduse vf reduced Fwtd11 g. rhe Cotatty stem ff h -is the d4thori ty to determl.e the dmnurlt 0 patrol llnq thdt's dotie. CoialocIlraembor Schitelder rltdtVd ; hdt if It IF, a reginndl park, thu region s,houtd NO the pr.lic toig of It. tad Kersehke, .3030 Lerch 1-dtte:, ChArmdit of AMIAr, stdted they suppor he planning Comml.331011 rec:ommetlddt lot with the ty conditlwlls.. They drd st,11 cemented with Lite number of warkinq spoxes belno provIded ror krdlle m ante wt th proposed uiicertdlitmmd tiev ices. They dret disc: c:incertte d with the dSSturbdr Ce Of thO l6e because of the suhstotitlal dredginq. Reglu ldr Council Meat 1 ttvl Md)- 17, 1982 Pd.ue 121 Courteilmember Schnelder dsiced If the Park Distrie . was aware of the City oroslon control policy. Engineer Moore said they were. Bub Sc.ribrter, 2015 t.ancanter Lane, stated his main concern Is ihdt Nvethin to be litcluded in the "mdn,xp litent envelope" be decided before dpprovdl because it is easier- to take care of 1100. Cll,kt Carlson, 202 Pesnlnsuld Road, Medicine Ldke, stdted he would like -to mdke sure that dll items rrer brought out and he feels ltot ultly people w1thilr :500 feet of the pdrk get noticed of meetings but people on the l4ke be kept informed of development. He requested a 30 ddy del.ry to give the City of Medicine Ldkv d chance to review and comment on the plan. Councilmember Threirten asked If the City of Medicine Lake had a pldnnilrg dgt:nry or dny group which could dot as d planning agency. Mr. Cdr.lsorr dnsviered that they have d consultant but that the Council. ds d whole will mdke aery decision. Mayor Odvrrtport polrrted out that the City Council of Medlc:ltte dke should be fully aware of the Park plan as It has been t;.%rttcmNldLW for 1tumicruus years. If Mr. Cdrlsort had some; problem with the park he should pass Lt along to his elected ufflVidls to communicate with the Pdrk District Ro1r Wdt ci, 3630 Forests iew 6th Ave. as d temporary fOr the p:uject will rt,n become permanent. Ldne, stated his concern is use of access. His concern is that. funding out dltd the temporary dCcess would Courrcilmember Schneider pointed out that phase .1 includes the; lrtstdl Latiotl of decet;s from C.R. 9. The tempordry access would be only during construct torr of this access. Doc, Mdxwt:ll, 3620 I-dst Medl+,ine Lake Blvd6, st.tted tlodt the mdxmum r umFier of sfide es for budts should be based on the impact un the entre lake. Erlkd Urban, 1541 West P edlcine Lake Drive, thdrrked the Pdrk eservt; for glv 11ty the people this beautiful p4.trk. She, jta.Led the neighbors may have hdd d misunderstdrrdiny as to the dctl%it.y 1t:yals, deed proposed de-e:lupmertt of future phdsOs should not Liciude the slide anti the, wave mdklny machine:. Nr. Odrijtdu st'dt-ed Lhdt temporary access from 36t'h Ave. N. will uru.y be uA ll October. of 1993 dnd there Is money set ds ldc for closlrtg It permanently when the mdln access from C.R. 9 is open. Robert Barrows, d,!lorney for the Mission Pdrtnership, st,.tead thdt, Me stZort deyelupmerrt had concerns ort the pdrkinq lot se:reerting. He be:ileve,s they hdve !row redched do agreement In principle. He would l a ke d cortd i t itmn ddded to the resolution With the; l.e:rms of theit agreement. u O Regul+r Cm. mcil lketAng MAY 17,: 1982 Page 122 the Mayor stated he would like any bu°ferirrg problems W be handled between the two parties Involved. Peter PPlaum, Lundgren Brothers, stated that t t., pdc irgl lot be buffered. He Is would like It to be a condition to cu rditloredl use permit, since City specifically address this situation. they are only asking concerned about 7 t and the granting of the regulations do not Mayor Davenport stated that the City wlil apply Its buffering policy decd anything over and above that which Is reaoeired should be worked out between the two parties 5 revolved. MOTION was made by Cour.cilmc)mber Threinerr, seconded ')yE Councllme:mber Moen, to adopt RESOLUTION N0. 62-235 APPROVING A CONDITIONAL USE PERMIT FOr( THE, HENNF;PIN COWTY PARK RESERVE 01!,IHlCT FOR DEVELOPMENT AhJ OPERATION OF MEUICISE LAKE REGIONAL PARK (82019) . MOTION was made by Councilmember Threlnen, s#econt')e0 by Cuuncllmember Schneider, to ameitd corrctit ion 013 by adds cry that: screening pld[rs are subject to d mutual dgrermerrt between Hennepin County Park Reserve and MI ss ivrr Pdrtnersh ip, owners of the, ad j &cent land. Mdyur Udveuport stated that he couldn't dpprove this because tt woijid make the authority of the City contingent uporr agr,4emeirL between private pdrtles. Discussion ensued with the City Attorney, SUt3ST11UTE NOTION was mdde by Councilmember Threlrten, seconded by Councilmember Neils, to amend coo -clition #13 by d0lrrg thdL the Cuuncil will take mote of any dgre;emerrts that may be reached bestoit:en the Mlssiurr Partnership acrd Netnrepin County Park Reserve District regardlnq buf ferlrty. Substitute mollon crrried, fivt dyes. MOTION was made by CuuncllmemWr Ne..,l t s I sek:ordet' by rourivllmembe;r Threlrien, to de at,' coiuittlon #lz etid to ubstltute,, condltiori 61 es fellows: Ihis rtrmit Is ls5ued based urs the: 1982 c+e%relvpmWrt master pidrr acrd trrrlut!es t!pprotidl of Phdse It ds outlined in Dori Klrrg's memo of March 30, 1992. Site pldrr eipprovdl ,eilI b, required for subsequent phdses c+f develupmexrrt. Mut ion carried. rive: dyes. 110T1ON was made by Cotrncllmember Schneider, seconded by Coutiollmembe r Nell;., Lo suhstitdte: voridltioti 83 as coll.ow:,: That. the twporary decesr, to the boat launch{ rig site oi% 36th Avno shall be limited to Oc::ober 1, or irnLil the pea%a4 dent trued to C.R. S is irutit, rdrlu"^ver dumps first, and that, it 0di l be posted by :ply;rag: ds 4urh. RESOLUTION Nl'.82• :35 1PPINIFE HEt'JR W"' COUNTY PARK RESERt DISTRICT C' iDITIONAL USE PERMIT (62019) Item 8-E Rego:dr CounciL Me^ting ady 1T, 198? edge 123 Motion Cdrrled, f°ve dyers. MOTION wds mdde by Councllmember Neils, seconded by Mayor Ddvusport, to dmend couditior 02 to read as follows: Arcess to the lark stidli be from C.R. 9 and shdll be constructed with Phase I. Interchdnge design shall be reviewed by the City Engineer dr d the Hennepin County Highway Deodrtment, a.od dpproved by the City Council. Motion edrried, five dyes. MOTJ.ON was made by Counclimemt r Sciii%jicrer, seconded by Courrcl.intember Ndlls, to dmeid cor+dition #5 dr follot: A physiedl bdrrier such ds d feit.ce shdll oe ra:intdin4d to prohibit vehiCUldr access frm 36;h Ave. N. diter Octooer 1, 1983 or diter the permd re tt road from C.K. 9 Is built, whIche%er conies f first. Hot torr cdrried, five dyes. MOTION was Councllmember pdree'_s with! single pdreel dcqul s) t ion, made by Schneider, the Pdrk dfl.er Couneilmembea- hdt cundlt ion bounddries shall coml. let toil of 1`10L lull cdrricA, f Lve dyes. Neils, seco nied by 09 shall read: All be cror sr IlWed to e the totdl pr rperty MOTION Wds made by CouiieII .rember Schneider, sec nided by Cuuncilmember Neils, to delete condi.tiorr 011. Mut; los cdr rie.d, five dyes. MUTLON was made by CouncLlmi-mber Wills, seconded by Couirclli..k4aber Muerr, to delete condition #18. Cuurrcilmember Neils stdterl the Park Reserve people hdve stated thdt the wave mdking mdchinc is simply an idea and It would bn p: emdture for the Couiiell LU dct o It os It is nkt in phase 1. Courrcilmember Threlrren stdtea he believed ill t dklig odre of problems hefore they occur and for th`s redston he couldn't support duletlrrg the co diton bditnii g drtiflcidl equipment dnd amusement park fdcllUles. Motion edrrled on d Roll Call vote, three dyes. Councll.membevs SchireLder drrd Threlrterr vuted r dy. MOTION was mdde by Counellmetab-- it Neils, seconded by Counc I lmember Welt, to subst i Lute ootid.; t Ion 019 ds fo 1 iows: The troll system wl+.hlir the park link.l g to Cho- Reylondl My trdil systems should be consistent with the Clty's Trdil System P,ldn dppro% ed rebrudr, 22, 1982), 17 Regular Council, Meeting May 17, 1982 Page 124 Motlon carried, five ayes. MOTION was made by Councilmember Scho:eider, seconded Ey Mayor Davenport, tQ add d new condition as follows: the number of paved parking stalls for vehicles with boat trailers shall be limited to 409 with 20 unpaved stalls for overflow to be graded and seeded as per the approved plan. Paving of the )verflow parking area will be determined fter the '"mandgement envelope" study is completed. Manager Willis stated that the Council Is being asked to approve phase I which inclaides 60 spaces. To put the entire burden on the Park Reserve to ceirtail the access would ncrt be appropriate because no one knows how Mdny boats are on the lake. Counrilmember Schneider stated a study of the Impact upon the lake is needed. The Mayor explained 60 spaces were approved, but 20 could not be paved. Motion carried, five dyes. MOTION was made b) Mayor Ddveeiport, seconded by Councf.lmember Neils, to delete condition 4'6. Motinll carried, five dyes. MUTION was made by Cowtclimember Htils, seconded by Mayor Udvei•port . to substitute condi t Ion 015 as fnl lows : The Hennepl n County Pd, -If Reserve 9istrict shall work with the cities of Plymouth and Medicine Lake, the Department of Natural Resources died other dpproprtdte dgencies, IncludLtg affected homeowners dssocldtlons, to develop a "mdndgement envelope" plan for tt-e lake, to include protection of spdwililIq areas, wdter qudltt), reguldt ions of motortzr'd craft, use by noir-motorized craft, hours of boat ldUnch operatlt.)iis, dlid sdfety. Mut ion carried, five dyes. MVION was made by CouwtcliMember Schneider, seconded by Covasciliaember Neils, to delete eundi!: ton d14. Motion carried, five dyes. Mali% mutton as amended carried on d Roll Call vote, five ayes. Mditdger Wilda reviewed the reg6est of Storer. Cable Cum ut)Lcdtions for site flail dpprovdl dttd d conditlwndl use permit folr d 100 foot tower to be located un the sitz: at the suu0vedst corner of V,icknburg Lane drid "new" C.R. 9. There had been con,.lderdtlon of do dlterndtive to d tower such ds the use of a "auper" trunk Cable from the mdIA fdcllity. 371im 6ehl,ii , rep:r senting Northern Cdblevislon Northwest, stated th"dT dam' ower is tiwtessary. It was prorosed to receive the off air sl§itdls of the TV channels. The ":,uper" trunk could tdke the off air channels, however, it would take up space on the trrijhk hldlh wa's thtwided in the future to be used for additlora.t SME PLAN & CONDITI04AL USE PERMIT - SWID CABLE COMMUNICATIONS 82018 ) item 6-F Reguldr Council Meeting Nay 17, 1982 Page 125 chdrr;tels. The tower IS d backup to the "super" trunk being out of use tempordrily drtd also to proviie future services. The super" trunk cdpdrity could be Incredsed but at an increased cdpitdl expenditure which they feel is prohibitive. Mdrtdger Willis stated thdt the proposdl submitted by Northern origiridily wds for d 150 foot towerlb It would be appropriate for the Council to take any action it deems advisable to enforce its ror irtg code b Mr. Behl.lrtg stAced he oelleved there was implied consent ort the Council's part when they dpprtn•ed Northerrt's franchise. Ndrtdger Willis stilted OoL tate rates nh.trged by Northern may not be ittcredsed for three hedr:. ds part of the;r contract but diter t1idt they could mdke ua their Cdpltdl expenditure for an dddlt iortdl "super" trur k. Mr. dehling stinted Lhdt Brooklyn Pack recer tly approved d 130 foot, tower. the 1J0 foot, tower approved by MdplP Greve is In Us future duwe,to*rr dreci. He pointed out the. origIr dl proposal which wds for d 1.50 Poot tower drat their elug11we. recer tly cdme up with d new concept for a 100 foot tower. If they were required to lower their tower more, trees In the dreg could be In the wdy of their rec:epLton. The 150 Foot tower Is preferdble but a PO foot tower Is d comprotnl seg they can 1 ive with. Mayor DdvenporL dsked if d r eighbortrtg development wdr ted to put in same JArge trees, would Storer 'oe opposed. Mr.. Behling responded that It. would take a l t,.j time for any trees W grow to the height to 9%A in the way of their recept lop If they hdd d IGO foot t ,wer. Cuurtciltntmirer Threl,;-n asked If drty dddittortdl d1shes would he requeW.hd. Mr: 1100 Lttg drtswered th,Yt no dishes would be required for the sery is a they p ldr to offer. There are r n dishes on the Lower. Che site fir. downtown wos &%!Iectud because of the luLerferenre ur.eserm All many other .Jre,is of Plymouth caused by exist lrtp n;l%.rowdve << Vnsmts51011. 3011 3ohnsur, -,4rchlLeet for Sr rLe' lwith the exterior of the ui tt% the except for i of the one they use steel beeduse of the Lhdt Lhe rauf Is wedLhert. toht.. rL-r, stated that bukldltty bca:.rtg d wdl 1 '-o the ttor;,h ease 01'-eJtpdns ioil the studio is hr tek fdcddj0 eing steFJ . dial the fdtat Rlt.k S,athre, Sdthre—Berqulst Englneerlt6i, st,JLA Lhey Are rectuKm-e%idiiig d 6 Fools. v lnyl cu.AW c:hdirt Unk fence to ur etect the stat lott,tower and mobs le vdns which may be: Pdrked there overnight. Extensive bermittg is pldnned deaf uldntlr yg dro proposed dlung Lhle fence. 0 IM Mdy 179 1982 Pdge 126 Mt. Behling stated that this is a dlfFLcult situdtion drrd he dpprecidtes the Council's cortsiderdtion but the availdbtlity of cable is d service to the community. MOTION was made by Cou icilmember Moen, to 4Nprove the site plan. Motion dies, for lack of d second. Couicllmember Threinen Incredulous In downtown did chain link fencee std' -ad that he f Lids the bec.rise of the tower, metdl proposdl bullr4ing, MOTION was made by Councilmember Threinen, seconded by Councllmember Neils, to adopt RESOLUTION N0. 82-236 DENYING THE SITE PLAN REQUEST OF STORER CABLE COMMUNICATIONS AT THE SOUTHEAST CORWR OF VICKSBURG LANE AND "WW" C.R. 9 (82018) bdsed Ott the finding thdt the proposdl doesn't adequately fiL the commercial dowitowr concept, did would be better located lit the lrrdustridl District. Councilmember Neils pulnted out that the City Engineer's memo stdted there has beets a disregard to City standards and she believed the. building would be better suited to all 1-1 district. Counc.ilt,.ember Schneider stdted studiii) and he doesn't feel IL e ILher. He stated her tel ie-ed buffering did d gdrdge. this is not a heddquarters but d out.ld fit in art I-1 district the use would fit If it hdd more Couiiellmember Threlnen stated he is not convinced this is d cummerCtdl use did therefort, dppropridte for Lhe downtown area. Motion Cdrried ort d Roll Cdl.l vote, three dyes. Councilme:mbe:rs Moet( atte, Schneider voted nays Mdltdger Willis stated that d site is needed, The Mayor st ited he didolt feel this is art dpprupridLe use for d dc-wrttowre dreo. He believed It would be; beater suited in dtt lndustri .! xcrtc. He Is willing to work closely with Northern to find dnuther site. Mr. Bthllttg stated Lhdt construes lon !n Ply,Pauuth mdy have to be deldVed ds a result. MOTION was mdde by Councilmembuir Schtielder, seconded by Councilme:mber Moen, to ddopL RESOLUTION NO. 82-237 APPROVING SITE PLAT: AND VARIANCES FOR SUMMIT CONSTRUCTION COMPANY W016). Motion ceirrled ort d Roll Cdll vote, five dyes. MOTION was mdde by Councilme:mber Schnelder, seconded by C'ouncilmember Moen, to ddopL RESC' UIlC1h NO, 82-238 APPROVING PLDOLERS, SOLICITORS, OR TRANSIENT tERC ANTS L ICENSl_ FOR BOYD KUSS. RESOLUTION N0.82-236 ULATIM. SIT FUM STORER CABLE 82018 ) Item 8-F RESOLUTION NO.62-23'1 OpmViNG SITE U SUMMIT CONSTRUCTION 820.6) Item 8-G* NO*82-238 LICENSE-BOYD KUSS Item 8-H* Regular Council Meeting May 17, 1982 Page 127 Not log, Carried oo- a Roll Call vote, five dyes. MOTION was made by Councilmember Schneider, seconded bill Councllmeaber Nuen, to adopt RESOLUTION We 82-239 APPROVINr; GARBAGE HAULERS LICENSE FOR 1982-1!183 for Dave's Sanitation. Mut1011 carried ori d Roll Call vote, five ayes. NOT1014 was made by Cowrcllmember Schneider, secondred by Councllmember Muen, to adopt RESOLUTION NO. 82-240 ACCEPUNG 610 ON 1982 STREET INPROVEM&TS irk the amount of 5446,293.55. Motion carried un d Roll Call vote, five ayes. NOTION was made by Councilmember Schnelder, seconded by Councilmember Noen, to adopt RESOLUTION N0. 82-241 OROERiar: PROJECT N0. 202 WESTRIDGE ESTATES FOURTH ADDITION STREET AND UTILITY IMPROVEMENTS. Motlan carried on d Roll Call vote, five dyes. MOTION was made by Councllmember ScMreloer, seconded by Cc tmel lmemhe•.r Murry, to adapt RESOLUTION N0, 82-242 REDU INC DEVELOPMENT BOND FOR HADLEY PLACE (A-522) to $29200.00. Motlun Carried ore d Roll Cdll vote, five dyes. MOTION was made by Councilmember Schnelder, seconded by Courtcll®ember Mum, to adopt RESOLUTION NO. 82-243 REDUCI J(; UEVLLOPMENT MOND FOR MED.ICINF LAKE HiGHl.ANDS (81010) to S29,00. Mutto11 carried on d Roll Cdll vote, five dyes. MOTION wds made by Cowicllmember Srbrelder, seconded by Couiteltmember Mueiri, to adopt RESOLUTION NO,. 82-244 PRELIMINARY LAYOUT APPROVAL, HIGHWAY 55 FROM fERNBR00K LANE TO XENIUM LANE, LAYOUT NO,, ZB (STAGE 2) . Notlon edrried on d Roll Cdll vote, five ayes. MOTION wds made by Councilmember Schneider, seconded by Cuullcllmember Noeri, to adopt RESOLUTION N0, 82-245 RECE .VINO REPORT FOR 451H AVENUE WEST OF NATIAN LANE, UTILITY -AND STREET IWROVENN NTS, PRAJECT N0. 225. Mut tori carried on d Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Cuwu;llmumber Notre, to adupt RESOLUTION N0. 82-246 RECEIVING REPORT FOR HONEYWELL - COUNTY ROAD 15, WATERMAIN IMPROVEMENTS, PROJECT N0. 226. Mutlurr udi.irled oil d Roll Ca1.1 vute, flue ayes. RESOLUTION "0.62-239 HAULERS LICENSE DAVE'S SANITATION Item 8-1• RESOLUTION N0.82-240 MLYMN Ru, -19.7 STREET IMPROVEMENTS Item 8-34 RESOLUTION WO.82-241 t Mil WESTRIP 41'y ADON.. *,TWEET Wi 1i 1LITY IMP. tern 8-K• RESOLUTION N0.82-242 HADLEY PLACE (A-522) Item 8-L-1• RESOLUTION N0.82443 MEDICINE LAKE HIGHLANDS (8,1010) Item 8-L-20 AFSO(MION N0.82-244 APPROVAL, HIGHWAY 55 FERNBROOK TO XENIUM S TAGE 2 ) tem 8-M# RESOLUTI N N0.82-245 RECFIVING REPORT' 45TH AVE. UTILITY 6 STREET IMP. PROJECT N0. 225 tem 6-N-1* RESOLUTION N0.82T 246 4ECEIVIFEHONEYWELL WATERMAIN PROSECT N0. 226 Item 8-N-21* Regular Council Meeting May 17, 1982 Page 128 NOTION was wade by Courteilmember Schneider, secornded by Counctlawwbe,r Moen, to adopt RESOLUTION NOS 82,,247 RECEIVING WORT FOR PLYMOUTH CRELK PARK S FORMi WA TER STORAGE POND BC -P8. Notion carried on a Roll Call vote, five ayes. NOT10H w,Js made by Counctlmembear , Schnelder, :.econded by touricilmembear Nuern, to adopt RESOLUTION N0. 82-248 ORDERING PUK-Ac IfLARING ON THE PROPOSED VACATION OF A PORTION OF UTILITY AND DRAINAGE EASTEIENT, LUT 20, tiLOCK 1, MISSION WILLS PARK SECOND ADDITION for June 7, 1982 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. NOTION was made by Couiecllmember S tatelder, seconded try Councilmember Moen, Lo adopt RE90L`!TION NO. 82-249 RECEIVING PETITION FCR PUBLIC IMPROVE!ENTS, CARLSON CENTER ADDITION. Notion carried on d Roll Ca1.1 vote, five ayes. NOTION was made by Councllmember Sc!melder, seconded. by Cpe<tud1mvuber Note -it, to adopt RESOLUTION NO. 82-250 DECLARING ADEQUACY of PETITION AND ORDERING PREPARATION OF REPORT FOR STREET LIGHTING - SCHMIDT LAKE WOOD 3RD ADDITION. Not lora carried ort a Roll Call vote, five ayes. NOTION was made by Courtcilmember Schneider, seconded by Cuuncilmember Eben, to adopt RESOLUTION N0. 92-251 RECEIVING PRELIMINARY REPORT AND ORDERING PROJECT, STREET LIGHTING SCHMIDT LAKE WOODS 33D ADDITION. Not luta carried on d Roll Cdll vote, five: dyes. NOTION was made by Councl imember Motrin, seconded by Couincilmembetr Thre Rivet, to deity the; request from Unnited Te.le:phorte Company to instal 1 atttbAlid structure: ort M.I.P. Mater tower. Louis Frlllmdn, represetttlttg Robert Buble:tt Associates, lrtc., state: d &#y were retc1lired by the United 1'e:le:phurte Cumpdrty to make do dprilicatlort to thea Federal CommUltlCdtlorlS Coon isslot for the purpose of estdblishittg d lige: ford eel hJ1dr mobtle phone system !et the Twin Sties. They try to site their drnte3rnrtds ort e:xistirtg towers drtd hdve selected Plymouth fur a site. The dntertnd would be I0 feet high supplemented by smdlle;r structures artd a tell foot squdre butlding ort the ground. MOti011 Carried ort a Roll Call vote:, five; dyes. MOTION was made by Courtellmember Schneider, se:corded by Coe:tecllmembe3r Noe, to adopt RESOLUTION NO. 82-252 AUTHORIZING THE VACATION OF A PORTION OF 26TH AVE. FRONTAGE ROAD ADJACENT TO NORTHWEST BUSIWSS CAMPUS ADDITION. Mutton carried Ort a Roll Call votes, five ayes. RESOLUTION .NO. T-247 RECEIVING PLYMOUTH CREEK PARK STORM WATER STORAGE POND BC -P8 Item S -N -j• RESOLUTION N0.82-248 MUM Pamir MR NISSIIIN HILLS 2ND EASEMENT VACATION Item 8-0* RESOLI IT ION N0.82-249 CARLSON CENTER ADDN. PUBLIC IMPROVEMENTS Item 8-P* RESOLUTION N0.82-250 OF REPORT, STREET LIGHTING-SCHMIOT LAKE WOODS 3RD ADDN. Item 8-Qk RESOLUTION Nd0.82-251 ORDERING PROJECT STREET L 104TING SCHMIDT LAKE WOODS Item 8-Q* UNITED 1ELEPhONE CO. REQUEST TO .INSTALL ANTENNA ON CITY WATER TOWER Item 8-R RESOLUTION NO,82-252 PORTION OF 26TH AVE. NORTHWEST BUSINESS CAMPUS ADDITION item 8-S* Regular Council Meeting Nay 17. 1982 Page 129 b MOT1OA yds mdde by Councilmember Schneider, seconded by Counellmember Noerr, to adopt RESOLUTION NO. 82-253 REQUESTING Mrdi4T TO CONDUCT SPEED LIMIT STUDIES ON VICKSBURG LANE - HIGHWAY 55 TO COUMTY ROAD 6. Motlun carried on a Roll Call vots, five ayes. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS irrmeow Manager Willis summarited the Planning Commission's findings and recommenadtlorrs per the City Council direction. He stated the County hdd recently prepared a concept master plan as directed by the Courrcll last year. He recommended that the review dnrd hedrimrg set forth in Resolution No. 81-141 be completed. The County is to meet with neighborhood representatives to acquaint therm with the plan and their long range thinking and a public hedrirtg would therm be held by the Pidnning Commission. He recommended that the: recommenddtlon the Planning Commission made dt their meeting of April 28 be held In dbeydrrce until after the public hearing on the concept master plan. MOTION wds made by Councilmember Threinerr, seconded by m-4vor Udvnport, to defer dctlon on the Pidnning Com .on re:cu menddtiorr of April 28 until after the concept mast plan hds been reviewed drrd considered per Resolution No. 81-14,. Motion cdrrled, five dyes. MOTION was made by Courrcilmember ThreLneri, seconded by Councllmembe,r Schneider, that the Cou rty Concept Master Pldn for the adult Correctlorrs Facility be submitted to rrelghborhood review drrd Planting Commisslon public heart rmg as set forth by Resu lut i.on No. 81-141. Mot i011 cdrrled, five dyes. Ma -edger Willis presented d proposed wild dnlmdl ordiLrdrace which would prohibit the keeping of wild anlmdis err the City. The matter wds brought to the attention of the staff recently throuyh complaints of residents who are concerned that the owner of the properly dt 5140 Zdchdry possesses mountain lions drrd timber wolves. Dlsousslorr followed on whdt Is a wild dnLmdl. Kdrtdie Lurrdber , 5140 Zdchdry Lane, stdted she unde rstdnds the cemetrn of the rrelghbors. Their one immrdldte rrelghbor hds seen the dnlmdls aid is no lunger worried about them. The five wolves they have brought in recently are babies from the North Ddkotd Zero drrd dre being bottle fed. All the dllimdlS are kept lu hedvy c:hdin lurk fenced dreds. She stdttd d chdlrl fence would also be put up around the yard to keep children from erdirderlrrg too close to the dnimdl edges. RESOLUTtlWo CONDUCT SPEF:J STUDY VICKSBURG !.ANE - HWY 55 TO C.R. 6 Item 8-T• HENNEPIN, COUNTY ADULT CORRECTIONS FACILITY (80066) Item 9-A ADOPTION OF WILD AN YNAI. ORDINAWE Item 9-B J \ Regular Council Meeting May 1T, 1982 Page 130 Ms. Lundberg stated there are very strict -Humane Society rules dealing with the cleanliness of the animals and there is no odor problem. These areimals are their pets. Before they purchased their house they checked with the City and were: told there were was no ordinance agdI115t their keeping these animals. Jeff HOWdrd, 5140 Zachary Lane, stated the safety precauttoris he a'i s i ken—Tor the animals. Ndtalie L. Gaull, 5105 Balsam Lane, stated she veas representing ary it ersones as well as herself in this complaint. She has talked with representatives of the DMR and the Minnesota Humdtie Society as well as the USDA. She stated that Mr. Howard previously had a history of abusing animals. The City of Mediad had ordered Mr. Moward to get rid of his arnimdls by December, 181 whic# is when he moved to Plymouth. Ks. Gaull stated her concerns are for the safety of the inelghborhood and problem of lnoise acrd smell. She stated that as of this morning the DNR told her they have riot and will not lleerrse Mr. Howard. The concern of all the regulatory agencies she contacted is with the care of the animals and riot with the safety of the neighbors. She asked that the Council care about them. Mayor Davenport stated that the CouicLI must Ileal with the question of whether wild diiimals would be allowed I11 the City. NOTION was made by Couicilmember Schrieider, se:coiided by Coulnctlmember Movit, Lu adopt ORDINANCE NO. 82-14 RELATING TO ANIMAL CONTROL: AMENDING THt CITY CODE BY ADDING SUBSECTION 915.23 RELATING TO WILD AND `1CIOUS ANIMALS. Motion carried oil a Roll Cdll vote, five ayes. MOTION was made by Couicllmember Schneider, seconded by Mdyor Udvdlrport, Lhat the City Attorney be directed, ds 50011 as it Is legdl, to do whatever necessary to elnforce the ordlnance. ALi6orney Lefler stated that the best process is to go Lhrough requires that the owner of the Lirem. If they do riot, the City Mut lui1 c:arrle:d, five dyes. OTHER WSINESS rLAU 1-LON %ds made: ouricilmember Neils, orusloo uccutrIng dumpings designed to Iii jurct. iolr process misdemedinor court. a1limols have time could proceed with Is slow. The Due. process o get rid of court act toll. by Courtc;ilmt%ber Schitelder, seco,ided by to direct staff to t dke dct loll to stop the around Schmidt Lake result Ing from City prevent bodL dLjess from Larch Ldrte. Mut:un carried, five dyes. ORDINANCE N0. :it -14 RLTXTTR: TO WILT VICIOUS ANIMALS Item 9-8 OTHER BUSINESS ReQUIdr Council Meeting Mdy 17, 1`.,82 Pdge 131 The meeting aa:: adjourned at 2:05 a.m. I n