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HomeMy WebLinkAboutCity Council Minutes 08-02-1982MINUTES REGULAR COUNCIL METING August 2, 1982 The regular meeting of the Plymouth City Council was called to order by :Mayor Davenport at 7:35 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on August 2, 1982. PRESENT: Mayor Davenport, Councilmembers Moen, Neils, Schneider and Threinen, City Manager Willis, Assistant City Manager Boyles, Planner Tremere, Assistant Engineer Sweeney, Park Director Blank, City Attorney Lefler, and City Clerk Houk. ABSENT: None PLYMOUTH F("_ Ben Gllvio, Schmidt Lake H.O.A., stated that there is no civil defense siren in their neighborhood to warn residents in case of a tornado. Mdnager Willis stated installation this year budget cutbacks. The 19,83 but a location for air additional siren was proposed for but was has not been purchased because of City Is allocating funds for a siren in It has not been determined. Mayor Davenport stated this matter will be discussed further in conjunction with the 1983 budgr_t, The Mayor noted that this Is the last hold the P1y?Anouth Forum as part of their wlII be returning to its previous format 7:00 p.mb before the third meeting of begin on August 23, CONSENT AGENDA night the meeting. of holding the month. Council will The Council the Forum A This will NOTION was made by Councilmember Moen, seconued by Counc.ilmember Threlnen, to approve the consent agenda with the txcovotion of Item 8-0. Notion carried on a Roll Call vote, five ayes. Mdyor Odvenport stated he would like to add a discussion of the City Manager's compensdt ion for 1982 a3 Item 9-C of the agenda. MINUTLS NiT1ON was made by Cuwiallmember Moen, sexconded by Councilmtmber Threlnen, to approve the minutes of the rtxguldr Council meeting of 3uly 19 as submitted. Motion carried on d Roll Cdtl vote, five dyes. PLYMOUTH FORUM Item 4 CONSENT Item 5 MINUTES MEETING Item 6* AGENIIA R EGU LAR OF ,'IULY '19 Regular Council Meeting August 2, 1992 Page 201 PUBLIC HEARING Mayor Dovunport explained the public hearing process and the purpose of the hearing which was to discuss proposed dust preventative measures on Urbandale Court In the Schmidt's Gardens Addition. Manager Willis explained the assessment polipies and procedures. The City Engineer has recommended the installation of "black magic" which will have a lifetime of :approximately two years. The estimated total cost i4 $1,672.00 or $64.00 per lot. This amount could be paid within 30 days of the hearing orderlig the assessment without interest, or it can to added to the tax statements as a one year special assessment. Assistant Engineer Sweeney stated that 18 property owners in tNIs neighborhood had signed the petition for the improvement, only two did not. Mayor Davenport opened the public hearing at 7:55 p.m. Dean Swanson, 18304 Highway 55, stated the neighbors like the pruposz think It should be undertaken soon as the dust problem Is severe In summer and fall. The public hearing was closed at 7:56 p.m. Ol scusslun was held on the expected life of "black magic" versus c`Lclum chloride or a thin asphalt layer. he believed taking part NOTION was made by Counclimember lhrelnen, secondee by Counellmembt: Moen, to adopt RESOLUTION NO. 82-375 ORDERING 1MPROVLMENT AND PRLPARATION OF PLANS AND SPECIFICATIOG, URBANDALE COURT IN SCHNIDT' S GARDENS ADDITION, PROJECT N0, 23,-, DUST PRLVFNTAIIVL MEASURES. Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND CONNUNICATIONS Cowncllmember Threlnen stated that stance he has been under contract with School District 284 aeid his wife is also under cuntract with these, he believed taking part In the School D.lstrict's site: plan discussion would constitute it conflict of Interest so he will refroln from particelpating and voting on this matter. He left the Council table. Mayo; Davenport stat&d that this reque; t to construct a central maintenatece; and storage: facility at Oakwood Elementary School site mutt be lurked at from the perspective of the taxpayers of Plymouth who are: In the School District and also from the; perspective: of people who own land a.lony 19th Aye. as well as the pruperty uwner to the: meth of 19th Ave. PURL IC NEARING - PUST PREVENTATIVE MEASURES, SOMIDT' S GARDENS VDYTION Item 7-A W1 RESOLUTION N0.82-375 A SPECS, SCNNIDT'S GARDENS ADDITION DJST PREVENTATIVE OR00ECT 235 tem 7-A INDEPENDENT SCHOOL. DISTRICT N0. 284 82038) SITE PLAN Item S-A P<l I Regular Council Meeting August 2, 1982 Page 2.02 Manager Willis stated that the School District and City staff have: been meeting to discuss posslble site locations for their props -vs central aalntenance and storage facility. The School District Is now proposing the facility at the Oakwood Elementary School site located southeast of Highway 101 and 19th Ave. N. City btaff has subairted a report outlining the Issues which bear goon the appllcaJon. Since this Is a residential zone and schoois are conditional uses, It is extremely Important that the application for do expansion of the use be thoroughly weighed. the Plowing Commission has held a public hearing on this issue at which time many people spoke. The Planning Commist'.un recom^and4 that the conditlonal use permit not he. granted. City stdff has brought the recommended denial to the Council and also a proposed resolution granting approval subject to conditions the School District would have to meet. Dr. Thomas Brut! te, Superinte:ident of School District 284, 1etruduced some of the Boa,d members, PIP officers, members of ti* etclzens review c%nmittee, and members of the building and ur;,unds conodt,tep. He highlighted some of the items the District colet dered before making this request including the fleidncldi bel eflts of quantity buying and a central location for m;lnP::ndnee equipment. Lach school prGWrty was looked a` for dcoment of the building. Ldch was considered to be Inappropriate because of cost or location. The cost of dcquiring lard In do Indu:itrtv.I area would also be too expensli,e. The OaKwoud site was cunsldered to be the best one. The Improvement of 19th Ave. was constd red as well as was the aesthetic quality of the proposed building. Safety of the children, pdrkItg artd trdff.IC patterns were studied doid h urs or operation were carefully looked at. The ..ulldliq avas designed to provide a minimum d,trdctlur to vdndals. Sewer and water are e,allable, drdine)e Is good, access to vehicles Is good, dxistlrag grading cuntuurs are guod, and the site Is currently unused. There Is no dddirlondl expar slon of the building foreseen. Clark (Mold, •trc:hltect for the proposed bulldliig, showed the master plan for the building and the remainder of the site. He showed graphics of t' a existing trees and their size, scale of the building next to the trees, the bull.aing's placement on the site, dnd the amount of berm ng being proposed. RumaA Luckeyo School eoaru member, stated that th,9 petition does comply with the City zoning ordinance for d conditional use ami the fact that this Is an es ,eikt l d.l services btl ll dl ng rr ikes It dtt allowable use, He stated that the kinds of uses of this building do not c:onstltut.e: do Industrial use. The District believes this is the must cost efficient propusdl they could acc:ompllsh it has been lig the pldnni tai stages for ol, ar two years and they have tried to minlml'te dny negative impact. if they '%ay., to go back to the drawing board, It will probably cost the tdxpayetrs an dddltiondi $400.000.00 In lost savings and additional buildin y costs. 0W Regular CcAmc ll Meetingng AucwaC 2, 1982 Page 203 CounclUeember Schneider asked about. the additional cost of lssuk ng for anott%tr site.. Mr. Luckey answered that the cost savlrtgs being looked for will take place over a number of years and wouldn't help the District with construction money for another site. Mr. Fitch, School 01strlct 284 Treasurer, stated that reg signing a bultding and searching for another site would add to tht tutdl cost of having to drop this site. The reason for this location In the far northwest coater of the property was fur dccess to Highway 1010 atl:tiralze traffic passing through residential rielghbctchood, and to preserve the nature center. Deliveries to the site will not be accepted unless they are bet.weent 9:00 a.M. antd 1:00 p.m. to eliminate trof f ie while the kids arc eomlrtg to schuu!, avid gulny biome. Mayor Davenport asked about outside storage. Frdnk WIzenhuc , Schoo! D.striet 284, dnswerea that the fence druui-W the outstdt sturage would be wooden. The items stored outside would be primarily gravel, sand, pests, and other Items used rear grounds maintenance, with no major stockpiling. No salt would be stored outside ds the District deesn't use It with their snow re-movdl. Currently dll storing is being done in lttdlvid-adl, schools. There: will be no storage or work dune at this eentrdl fjelllty which Is not currently belay done dt each of the schools. A freezer Adition Inside the bulldirg mey be required dt d later time. Lyndd 9armdn, 2535 Troy Ldrtt;, stated the concern that the entire nature ceiitt,r land may :have to be sold to finance another site. Traffic wuuld nut bt hdadrdous, acid existing traffic, problems In the tired are belay Mitigated. The ecunamic: Impact of not having d central fact 11 ty nere should be considered. She recommended apt cuvd1. GdrX Ruderlck, 291 Gletibrok Rud.,i, Wayzqr ta, stated he bellevt the IdW use wdb wrung drtd asked the Counctl to rtmembcr tha: the Plannl.tty Cumml5st011 %oted undnlmuusly against the propo%al. Mayur Davenpurt read d petition sighed by res Idents In uppusitiun to the propu_dl acid accepted It for the record. Steve Sdunders, 550 Quantico Lane, stated he is a teacher at Oakwood M ts the nature center fu, some of his classes, He believes the, plaenv:nt ds proposed Is good and wants the mal-xlec of the property kept d'• a nature area. John tldurykitwicz, 17210 240 Ave., dsked why, If the schuo.l Is J WArtuun orm rig use, d curtdlt Tonal use Wrml t Is be 11 nq vooside:red. City Attorney Leflet explained how a non••car, ro.-nt iq use occurs dttd t hdt the %,chuol Is Pt cunfurmflne3 useb I 131H Regular Council Meeting August 20 1992 Page 205 MOTION was made by Councilmember Schneider, Councllmember Moen, to amend the resolution to condition*, "That 50 evergreen trees, In excess height, be added to the site between 19th Ave. and seconded by add a tenth of 6 Peet In the building. 0 Mr. fltch stdted that the School Board would have to hold another hearing to confirm added conditions the Council dppreves. He believes, however, that the covenant would be well recelved by the Board which Intends to preserve the nature arra. CounclImember Schneider stated he would not want another Council at another time to allow expdnslon ar d sale of the nature ce ter. Attorney Lefler staged that the School Board would be pidcing the cuvendnt un Its own land and if so constructed, could only be released with the consent of the City. Mayor Davenport putnted out that the City currently has a fifteen year lease on this site for community playfleld purposes. He stated his agreement with the amendment to add evergreens a d also fav -,red d covenant restricting the use to d passive nature center. Mut lun to ,eme d to add it covenant carried, four ayes. M00011 to dme ed ^equl r ing evergreens carried, four ayes. Cuunellmember Neils asked what the basis was of the $300,000 figure used for the acquisition of d uthar site, and why this was raised ter 5400,000 by Mr. Luckey during the earlier discussion. Mr. Wuld dnswered that this 5300,000 figure came f1rom d reaity firm cuntdcttd regarding possible five acre Industrial sites. Discussion followed un the space needed fur th%1 building, the possibility of its be!g placed In an industrlai gyred, and the crust of two acres os opposed to flue. Cuuncl!member Nulls stated that If the $300,000 was bds,W on a five: acre; site, It could be reduced to appeoximdtely $120,0:,0 if a two dere site was found. She st dted that when 19th Ave. was platted the District stated this ,kred would remsl i a nature center. She: dsktd If the; Dlstr.et ever conesideared selling these five; .icre:s for residential use aril ,IStng the murrey to purc;nase an i dustrla.l site:. Mr. "'old answer•.. ihdt one of the criteria lit the selectlen of this site was .1 Ct,,i "dl locatlun, they felt th.14 was they best site dnd d 1d not cons f .,r selling I t . Mayor Odvtjnpurt asked, If a cundltlonal use permit is approved which benef 1 ttexl the School District, and assuming a redut:t lon In enrollment cau3vd Odkwood to be closed, what might the Cl ty's status be with res{n^.t ton they mdIaenance facility a M whether a condition ihw;ld be: added to the resolutlun that the us would tearminae If the school closed and keepinq the District frum selll g oft the sites. S// Regular Council Meeting August 2, 1982 Page 206 Attorney Lefler stated that z conditional use permit will list the uses to which the building Is to be put. The permit will be filed with Hennepin County so that when the time comes, If It should, when the School District no longer needs the building, prospective buyers would see the list of uses and they would have to contend with the City before they could change Its use. MOTION was grade by Mayor Davenport, seconded by Councllmember Moen, to attend condi t lou 07 to add: "There shall be no outside storage of bulk materials, Including construction materials, beyond those required for a slrglA season or year's use:. Notion carried, Pour ayes. MOTION was made by Mayor Davenport, seconded by Councllmewher Hue:n, to add a condition number eltave a as follows: "The hours of operation for the facility shall be; limited to 7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:0U a.m. tP. Noun, Saturdays, with no operation po-rmltted on Sundays." Notion carried, four ayes. MOTION was made by C Davenport, to add d ci shall bit, no de;liverleS vnellmembe:r Schneider, seconded Edit ion number twelve as follows: to the facility before 9:00 a.m. Motion carried, four awes. by Mayor There Notion as mended carr t,d ort d Roll Call vote, three ayes. Cuunclimembesr Neils votea lady. Cowie Ilme:i Der Netts subsequently requested the City Clerk tU add the followliaq statement to the minutes on this topic: "Councilmember Neils errpldlned her negdtive vote; this 1s an Indu-%tridl use. The Planning Cummisslun correctly fuund that crlttrld 29 3, and 4 were not properly met ar d this ir dustrldl use Is clearly prohibited under Section 7, Subdlvisloa C, 017." Councilmember Threlr e;r returned r.• the Cowic i.l t.h le. MOTION was made by Cow cilme±mbe:r Moen, seconded by Councilmember Thrulnen, to adopt RESOLUTION N0. °2-377 APPROVING RECLASSIFICATION OF LAND USE GUIDING FOR THE C1TY OF PLY40UTH FON LAND LOCATLED NORTHWLST OF HIGHWAY 55 AND COUNTY ROAD 1S FROM 1P (PLANNED INDUSTRIAL) TO CL (LIMITED HUSINLSS) CLASSIF MAY ION. (82040) Motion carried on a Rul l Call vote;, five ayes. NOTION was made by Councilmember Moen, seconded by Counc.tlmember Threli en, to adopt NESC' UTIJN N0. 82-378 APPROVING CONDITIONAL USE PERMIT FOR THE WAYZATA EVANGELICAL FREE. CHURCH TO OPERATL A NURSERY SCHOOL FROM THE EXISTING CHURCH FACILITY LOCATED AT 705 NORTH HIGHWAY 101 (82032). Motion carried on a Roll Cdl l vote, five: ayes. RESOLUTION N0.82-377 APPROVING ALCLASS - F KATION OF LANU USE HWY 55 8 C.R. IS 82040 ) item 8-R» RESOLUTION NO.62-378 APPRMWC MP WAYZATA FREE CHURCH TO OPERATE NU1SLRY 92032) tier" 8-C' i is// Regular Council Meeting August 2, 1982 Pdge 207 Helen Rusten, 18420 8th Ave. N., stated that she did not un erstan t e engineer's memo dedli ng with the standard utility drainage easements which are required to file this lot divis:on dnd whdt rights the City would have as a result, Mdyur Ddvenpurt stated that the intent of the easement Is to restrict the lad's use. The City won't di svirb the existing trees. Mdttdger Willis stated th.. City doesn't, know how the land will be developed but there may be a need for public easements In the futtare, anti now Is the time to acquire them. Mrs. Rusten stattd she has no objection but doesn't see the purpose. Mayor Davenport stated that Don tMa lot !s sold for developmknt sepdratu easements will be taken. He added that the ertglitee:r ;111 draw the easement description and Mrs. Rusten will stut have to Incur dity expense to have It done. Mrs. Rusten stated concerns about Item No. 6 of the Engineer's memorandum, and since the storm sewer was Installed Hadley Lake hds been high. She has lost approximately one acre ; land whlGh is now wiftr water, and numerous trees have, been killed. She cu mented that there have: bee.,w discussions with the City rtgdrdirtg this. Ndttdger Willis stated that If the City acquired the easement and the Idnd inner has already been assessed, the owner should receive d credit for that portion of land which was assessed but itu lunger is usdble. Ndyur Davetnpurt ddded that the staff can wds effected anti how much credit, If a casement would be granted to the City as Division approval. determine how much land iy, would be due. The d condition of the Lot NOTION was made by CQuncllmember Moen, seconded by Councllmember Neils, to adopt RESOLUTION NA. 82-379 APPROVING VARIANCES FROM THE SUBDIVISION CODE AND URBAN DEVELOPMENT POLICY RESOLUTION FOR HELEN RUSTEN TO PERMIT A PROPERTY DIVISION Cf UNPLATTED PROPERTY LOCATED WEST OF QUEENSLAND LANE AND 8TH AVENUE. NORTH (82030). Mutlort edrrled uit d Roll Call vote, five dyes. MOTION was made by Councllmember NeIJ.s9 seconded by Cow•%.•llmember Poen, to ddupt RESOLUTION NO. 82-380 SETTING CONU1T10NS TO BE W1 PRIOR TO FILING AND REGARUENG LOT D1VISIOV FOR HELEN RUSTEN (82030) with the addition of the followlttq to condi t ion #I: "Credit fur edstment s required by condition 1., of the Engineer':$ memo shall be calculated and credited per City policy and pctitlon;,r shall be furnished with d cup, of the ddjustment." VARIANCE REOUEST HELEN RUSTEN Item 8-D RESOLUTION N0.82-379 s HELEN RUSTEN 82030 ) Item 8-D RESOLOTION N0.8'-380 SE— TT1Nq; C OIDTIINS HELEN Rt,MN LOT DIVISION 0 42030) Itm 8-D C M// Regulat Council Meeting August 2, 1982 Page 208 HVION was Bade by Counellmentior Schneider, secande3d by Mayor Davenport, to delete condition #5 fr.un the Enyincer's memo. Notion failed, one aye. Notlw) adopting resolution carried 0e4 a 1411 Call vote, five wyers. NOTION was made by Councilmember Noen, seconded by Councilmember Threlnen, to!!,adopt RESOLUTION No., 32-381 APPROVING FIN& PLAT FOR '%#MTH8'F,ST BUSINESS CAMPUS IT ADDITION" FOR PRUDENTIAL 1NSURAWL COWANY (HPUD 81-1) ( 80062) . Notion carrlt.-d on a Roll Call vute, five ayes. MOTION was Made by Counc.11member Moen, seconded by Counelimember Threinen, to adopt. RESOLUTION N0. 82-352 SETTIKC CONDI106 TO OF. MET PRUOR TO FILING OF AND REGARDING FINAL PLAT FOR NORTHVIEST BUSINESS CAt' M 2ND ADDITION FOR PRUDT'Nl tAL INSURANCE COMPANY MPUD 8101) OM62) . Notion carrlesl on d Rall Call vote, five ayes. Mtdiiager IMillis started that, In conjunction with the plat approved by the Council for the Northwest Business C,nnpus 2nd Addition, the Qutstion now is .access to the site. Peter Oarvls, BRM, represent.irp.g Prudential, showed the ro.xl as approve w th the proposed curb cut, future access to tOe site, and its alignment with the Intersection of Annapolis Circle. He showed where the curb cuts would be If Prudentlal followed staff's recommendation for two xcess polnts to the site, Asslstant Engloeer Sweeney :tate:d that the Clty'a t• affic c0ersultar14, had recommended a cul-de-sac at the parkiilg area un the: east slde entrance as well as two curb cuts to de-emphasize the entrance Qn County Road 61 aid to al .lev i ate truck traff is l veto future building sites. Discussion continued un the ieumbtr of feet between the consultant'r, rdeummeeedeu' curb cuts, maneuverabi.li ty of traf f iC with future: development un the site;, and screening of the road If only the one access were liestalled off Campus Drive. Mr. Mary is tacknuwledged the risk to the developer, In the futures as the area developed and ttl off is Intensified, for rt%il itirg good curb cut access. He stated they were also aware: that a m+idian Is likely le -t Cue -ity Road 61 In the future, and turnl% movements .into this site would be limited. RESOLUTION N0.82-381 NORTHWEST BUSINESS CAMPUS, PRUDENTIAL 80062 ) Item 8-E' RESOLUTION N0.82-382 SETTING CONDITION NORTHIMEST BUSINESS CAMPtlS t PRUDENTIAL 80062) Item 8-E• PPUDENT IAL SITE PLAN item 8-F Is!! Regular Council Meeting August 2, 1982 Page 210 C Mayor Oavenpott'#,&tated sewage, sludge, and Councllmeeber Threinen undei solid waste and he thought the City would want to include nuclear materials in the ordinance. stated that th43e items will be addressed o not need to be listed separately. Discussion followed on each of the Pollution Control Agency PCA) and State Waste Management Board's recommended changes and cum meoAs to the City's draft ordinance. Mayor Davenport stated that prohibition of outside 4tordge and of loading acid unloading should be retained. MOTION was made by Couneilmem.Ser Threinen, seconded by Mayor Davenport, to adopt ORDINANCE N0. 82-19 AMENDING PORTIONS OF ORDiNgKL NQ. 80-09 ADOPTED 3UNf 16, 1980 AS AME:NDEO, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, and to endorse and incorporate 1ii the ordinance, where appropriate, the City staff's recommendations numbered 1, 2, 39 49 7, and 8 (no. 8 to provide for a quarterly report instead of 6 murith review); aid the wording as suggested by the Waste Management Board staff relative to consistency between the definition and the reference to item f-1 (a) under paragraph 7 of tine ordinance. David Crdi,l, 5020 Furcatvlew Ldiu:, asked what would h4appes If .j disposal acility breached the City's ordinance. Attorney Lefler answered that their permit could be revoked or the City could follow the same enforcetxnt procedure as with any conditional use permit. Discussion continued on the revocatlun of conditional use permits, necessity of periodic reviews Lof the permit, and the leivith of time for which the permit should he Issued, NOTION was made by Counc;ilmember Threinen, seconded by Coucrilmunber Neils, to amend tv Incorporate: "Schedule of ccmpllai,ce- with the applicable State and Feder,+l requireirents" be added to page 3 as Item 2e (5.) We trio Schwa, Schmidt Lake H.O.A., statee that some facllltles nut Iii" ccmpllaitce with the federdl and stated regulations routinely reapply for extensions of their nermlts with the LPA died PCA and there is little the City could du tv enforce its ordlnance6 Mutloll to ddK:nd carried, five ayes. Motion on ordinance; as dmendeei edrried oti a Roll Call vete, five dyers. Maeutger Willis :toted that 31.m Olson, City cunsultleq engineer, was presd+t to discuss his report oi% the Mount Olivet Lutheran Church sani4ary sower project which differs from the City Liiglneer's report. ORDINANCE MfO. 82-19 ORDINANCE Item 8-J MOUNT OLIVET CHURCH SANITARY SEWER PROXCT Np. P,32 Item 8-K S// s egular Coe,secil letting August 2, 1482 Paye ,211 31m Olson, representing Bonestroo Engineering, stated that he exdmireed the service to the church primarily and then the remaining unsewered areas. There are three ways to service the Murch. He s recexmmending a direct service line and that a lateral b3 postponed untii a decision is made on the remaining pieces of property and the disposition of C.R. 9. MOTION was made by Cowicilmember Tht•einen, tecondeo by Councl lmembe Neils, to adopt RESOLUTION N0. 82 yp SE 1" Hi IG PUBLIC 1MPRGVLMENT NEARING, MOUNT OL IVE T L UTHkR AH CHUG CH, SANITARY SEWER, PROJLCT N0, 232. Discussion followed on the alternatives available for sewer hook up. Jim Olson stated that all plaeIs would provide the required service, the question is one of timing of the project. Counc!!member Nells suggested the Assessment Committee look at the uptioees before the pubJ tc hearing. M.ireager Willis suggested proceeding with the proposal on the other six properties as well to provide them service and maybe the project could be completed this year. The Park Reserve Dlstrlct has Ledicated that 1ehe;y db not want these parcels. He added a public hearing woule . let t )e Cc%zic l l know whether or not the people want the impre.wement and it should be handled promptly so the church can proceed with the project. Motion carried on d Roll. Cd11 vote, four ayes. Councllmember Schneider ahstdined. MOTION was made by Counclimember Moen, secondevi by Counctlmember Thretnen, to adopt RESOLUTION NO. 8? -390 REDUCINCI DLVELOPWNT BOND, C1.M4RRON PONDS (A-208) to $0. Mutlun carried on i Roll Ca` 1 vote, five ayes. MOTION was made by Counellmemt: r Moen, seconded by Cc,-inci.lmember Thretnen, to adopt RESOLUTION 00t, 82-391 REDUCING IIEVELOPMLNT BOND, CIMARI, PONDS 2ND ADDITION A-208) to S0. Mut lon cdrrleo un d Rol I Call vote, five ayes. 40TION wu : made by Councilmember Moen, seconded by Counci lme:mber Threliten, Lu adopt RLSOLUTION NO. 82-392 REDUCING DLVEL0P*NT BOND, FOX G' l:h ADOIT10N (A-814) to $0. Mutton Urrit;d on d Roll Cd6.l vote, five ayes. MOTION wds made by Councl Ir ember Moe!i, seconded by Counci lme.mber hreiven, W anopt RESOLUTION NO. 82-393 APPROVING CHANGt ORLI-R I+O. 1, PROIEC( NO. 017, COMMUNITY PLAYFIELD IMPROVEMENTS, PHASL 1 1RR1GATiON CONTRACT - SCNLOULL L b, e edcec:t i ng $2,746.00. Mc(tluee Cdrrled on d Roll Cell vote3, five :eyes. RESOLUTION N0.82-389 MOUNT OLIVET CHURCH SANrI'ARV SEWER PROJECT 232 Item 8-K 1+ RESOLUTION N0.82-390 REDUPTION CIMARRON PONDS A-208) Item S L-1 * RESOLUTION N0.82-391 WHO UEDUCTIOR CIMARKN PONDS 2ND 10DITION (A-208) Item 8-L-2* RESOLUTION 140.92-392 C lX FOX GLEN ADVIT EON 0-814) Item 8-L-3* RESOLUTION N0.8?. -393 RIT'R 96 U COMMUNITY PLAYFILLTl PROIECT 017 Item 8-H" S//. Regular Council Nee tIng August 29 1982 Page 212 NOTION was made by Councilmember Ne1.1s, seconded by Councilaaesber Threi nen, to adopt RESOLUTION N0. 82-394 REQUEST FOR PAYVUT N0. 3 AND FINAL, COMMUNITY PLAYFIELD IMPR VEVENTS, PHASit , I, SCHE'il1LE E, PROJECT NO. 017 in the amount of $15,993.53 to Aqua Engineering, Inc. Notion edrried on a Roll Call vote, five ayes. MOTION was aade by Councilmember Mils, seconded by Counclimember Threinen, to -adopt RESOLUTION NO. 82-395 REQUEST FOR PAYMENT N0, 3 AND FINAL, EAST MEDICINE LAKE PARK - SITE IMPROVEMENTS, PROJECT N0. 109 In the amount of $33,762.90 to U. D. Contracting, Inc. Notion carrlbd un a 'Rol t Call vote, five ayes. MOTION was made by Councilmember Moen, seconded by Counc!tmember Threinen, toi adopt ORDINANCE N0. 82-20 AMENDIWK THE PLINMUTH CITY CODE B1i ADDING A SUBDIVISION ADOPTING CHAPTER EIGHT OF ; Nk AIR POLLUTION CONTROL RULLS. Mutlocc carried on a Roil Call vote, rive ayes. NOTION was made by Cuuncllmember Moen, seconded by Councilmember Threinen, to ddupt RESOLUTION N0. 82-396 APPROVING DISBURSEMENTS FOR THk PERIOD ENDING 6/30/82 In the amount of $1,149.30. Notion carried ;)n a Roll Call vote, five ayes. MOTION was made by Councilmember Moen, seconded by Cou>>c.ilmember Threlr;4at, to adopt RESOLUTION N0, 82-397 AUTHORIZING SUBMISSION CIT CITY OF PLYMOUTH GRANT APPLICATION TO HLNNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Motion carried on a Roil Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Ben Gllvin, Schmidt lake H.O.A. , stated the, homeowner's dssuc at. on hdd some problems with the uptivns ror usage of the Schmidt Laker access which were pruposed by staff. Number one, to Improve the access for the general public is not what they want. Number two, to continue to allow public use of the access with the homeowc er assoCiatlon assumi% responsibility For improvlrg, maintaining and insuring the site, is d possibility but he stated he would have to discuss It with the assoclat Ion. The third option. to close the access completely is also urcdesirdble to the dSSUCidtiun. He questioned the type of bdrrlers the City had lit m.liid, who would pay for them, and the amount of lAsurance they would be required to Carry. RESOLUTION N0.82-394 REQUEST FOR PAYMENT N0. 3 & FINAL COMITY PLAYFIELD PROJECT N0. 017 Item 9-N-1 RESOLUTION N0.82-395 Ate. EMR' NO. 38FItW V e MEDICINE LAKE PARK, PROJECT 109 Item 8-N-2 ORDINANCE MIO. 82-20 ADS -XW POLLUTION CONTROL RULES item d -J* RLSOLUTICN N0.82-396 PERIOD EMD INC 6/30/82 Item 8-P* RESOLUTION N0.82-397 RXRT P TIO COBG FUNDS YEAR VIII Item S -Q* SCHMIDT LAKE BOAT ACCESS item 9-A S// Regular Council Meeting August 29 1982 Page 213 Mayor Davenport stated "No Parking" signs should be part of any recumnddt liyn. Once parking Is cgntrol led, access Is controlled. Councllmember Schneider stated he would like the lake open for two or three days in the spring and again In the fall. Mr. Galvin asked how the association could control the property owners who were not members of the association. The Mayor suggested the City Manager, staff and association representatives get t!;,%ether to discuss alternatives. He added that the Council. Is Inclined to close the c%ccess. Mayor Davenport stated he believed the City should enfor-i-e the conditional use permit process as It applies to peddlers, solicitors, acrd transient merchants. Councilmember Nulls suggested that applicants submit a State Sales Tax Permit number with their application. MOTION was made by Councilmember Neils, seconded by Councilmember Threinen, to include State Sales Tax Permit number as part of ds part of the 4wplicatlon for license. Motion carried, five dyes Attorney Lefler propped that d reduction In the assessment dgalnst Northland for Vicksburg Lane may be in order. Northland hds dgree to pay one lump gum payment of S89,579.33 to fully pay assessments for project 002. MOTION was made by Couuclimember Neils, to settle the dssessmemt 88,579.33* Councilmember Schneldev, seconded by approve Attorney Lefler's suggestlon to agdII45t "orthland In the amount of Motivit carried, flue ayes. NOTION was made by Mayor Davenport, seconded by Councllmember Threinen, to approve RESOLUTION N0. 82-198 SLTTING PERCLNTAGI: INCRLASL OF THL CITY MANA(ER FOR THL TWLLVL MONTH PLRIOD Al 8.% LFFLCIIVL: 3ULY 19 1982. NOL loll cdrrled un d Roll Cal l vote, f lve dyes. MOTION was made by Cuunetimember Threinen, seconded by Cowtcilmember Nells, that the City Manager prepare a list. of problem dress which will ,Impact upon Plymouth, ak-miging by prlurity littu cdte:gurles, reflectlity size or scope of the prublems, frequency of occurrence, and the tlmer-rdme during which It should be dealt with,, Nutiull Cdrrled, flue dyes. CITY COW,/MING REQUIRFMENTS FOR PEDDLERS AND SOLICITORS Item 9-6 ASSESSMENT SETTLEMENT, NORTHLAND RESOLUTION N0.82-398 SETTING INCREA77W CI TY MANACER Item 9-C i L St/ ti Regular Council Meeting August 2, 1982 Page 214 Councilsm*er Threinen also would like Luther Nelson, of Environment and Energy of Hennepin County, invited to the Council the problems of landfill disposal proposals, possibly In October. Department to present abatement Councilor lthreinen stated a meeting should also be called with the City Attorney to address: 1) on what basis can the City dery a peradt on land which has already been assessed for sewer area benefit anti 2) In i tp event that the 5.375 mgd is reached before 1990, what Is the staL.:s of the City with respect to litigation against the Metropolitan Council and/or the Waste Control Camods-! :on, as to whether development could be permitted. Ne would like this meeting before the CIP hearing. Dlscusslun followed on whether the state could raise the interest rate charged on delinquent taxes. Discussion was held on whether or not the fee charged for use of Plymouth's soccer fields should be waived for a regional cup tournament Involving teams from Plymouth as well as other metro area tdams. MOTION was madt by Mayor Davenport, seconded by Councilmeiber Threlren, direeti g Councllmember Moen to inform the soccer association of the Council's decision not to waive the fee. Motlov carried, five ayes. Meeting adjouri ed at 12:45 axis