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HomeMy WebLinkAboutCity Council Minutes 09-13-1982 Speciale MINUTF-S PF.0 IAL COUNCA f0 -TING SEPTLMBER 139 1982 INN SNvet;iol meeting of rile Plymouth City Council was called to uraero by Wayor Davenport at 7:30 p.m. in the Cnitncil Chambers of - the Clay Center at 3400 Plymouth Romlevard o14 Septetrber 13, 1Ly$2. PK,s,SLNT: Mayor .Mveiv ort Councilmpnbers Neils, Muen, Schneidtf 1011 Tht, einen, City Manager Willis, Assistant 0,t r Nan qer Boyles, Planner Tremere, Enr}inbtr 400t -.P, and 0it;t Attorney Lefler. AW.MT: Nooe CONSENT AGENDA NOTIN was made by Councilmember Moen, seconded by Councilmember ;chneider, to approve: the consent agenda adding irk item 9-6 "A resolution relating to $1,3009000 General Obligation improvement Ponds =,lf 1982; Apprropriatinq money for payment unereot"' ind they rtruval of item 8-M. Motion carried oil d Roll Call vote, five ayes, except Cotsncilmettlber SchneidNr abstairtel on Item 8-G PURL !.C' HLAR1N4 M-; %or D:ivenprt int:ruduce:d the hearing procedures, notification me3thUW i tnd purpose of the seven dsse:ssment hearings scheduled fur ;*1is e.Rning. MOVIdger Willis add!l:d a yenerdl overview of the purpose of each hearing, revieweu dssessntent procedures including costs, into l -est raftes and the assessmeint appe:dls procedure. M.itenyer Willis stdtW that City Project 117 - Pilgrim Lane improvements decals with the improvement of Pi i grim Last. from 161 h Avenue to Nathan Lane. Improvement in this project includes streets, curbs and gutter with total projq ct costs .in excess of $100,000. the; intet-est rate fur assessmwnts on this projeut is 10.33% for tell yectrs at dppruxirirdtl$ly $68.00 per front Pout.. A letter has been received by the City Clerk from Geiciege N. Carlson protesting t lu prupused special assessments to preserve his right of .tl)puill. CuuotAli embear Neils indic rted that the Asspew% viit Committee had tet dnd re:cniitme nds thdt tilt City ,e,yumv t ht cost: of two culverts which should be i king r its r't tl .i:j o storm vewe:r district improvement. The storm st wk t s t %eme„l t as district would dy $140406.E) ledvir,g Clio rt -114 at 815,20d.O. N.rvor Daw,,iport Operled the: public: heraritui it. %:53 p.m. CONSENT Item 4 AGENDA PUBLIC HEARING - PROJECT 117 - PILGAIM LAW IWROVLMLNTS Item 6-A-1 S// Special Coerced Meeting September 13, 1962 Page 234 Audrey Friedman, 2500 E. Medicine Lake 91vd., e>,peessed concern regarding the double drainage cuLivurts. She agreLS that the City shuuld bear the costs fur the improvements. She .•r se expressed concern about. the entrance on the north side of t'.e imprr vent and the manner in which this road intersects with 26th and Medicine Ridge Rodd. Engineer Moore stated that the preliminary engineering report provided three or Four alterrlat i vt s for the roadway. Th, City Cuuncil selected the one w!:ich arrwared to best resporrl to traffic problems in the area. Harry Friedman, 2500 L. Medicine- 1.4ke Blvd., askea whether the assessment for the cdtcl basin should have heen borne by the City because storm water tas :sways been a problem in the dreg. Lngineer Moore respand..d that the catch basin is in }uded in ds part or the project cost. Mr. Friedman questioned how the Ci `s .sent about purchasing property needed Pus• the ruatnrdy.. Li ,.;near 'inure responded that the Ci ty pure:ltased easements it L'•is area. Mr. Friedman asked Council to tuuk giro the poor %i:-ibilit% where Medicine Rid.gr. Road illtersects 10301 14attia i &.dire. Mayor Davenport indicated the City would du :,u. The Itedr+try Wab closed at 8:01 P.O. NOTION was made by Cuunc! Imember Neils, secorreied by Cuuncilmember Schneider, to tr'upt RLSOLUTION N0. 82-455 ADOPTING ASSESSMENTS, PRC"'.CT 1179 PILGRIM LANE improven nt s by derle.tiny the cult or ts:f duub.e culvert. crossing with said dmotult to be paid 1'rulr, that dppre oriate storm sewer improve mnL d.e y'.r i c t . NoLiurr carried urr d doll Call vote, rive .lyes. Mdrrdyer Wil .iib irrtruduced prod net impruitrmLrrts, extending Glacier ..4lsv dsyebb0L1rrtb ror the project are to be five; year b. City crusts dbsoc.idted approximately $17,000 with the dssessel 74,000. 20-1, Glacier Lane to ?*/III Pidue. The repd!d over d period or wi . th, project are wont . 4: dl+proximatel y Mdyur Davenport opened the: public hedri it JL t-03 p.on, No one: chose; Ito spedk dnd thu hearing cluselJ d 8:04 r1..7. NOTION Wdb made by CourrciImemberr Threinen, s'conoed by Cuuircilmcmber Mur:rr, cu .tdopt RLSOLUt1ON N0. 8'-451 ADVTING ASST S Si4LN1 S , NRUJLC T 204 0 AC IL R LANE. Nut tear carried urr d Rol I Cal l we-tiA; At dyeab. Mdirdys:r Willis irktruducead City project 206, Nath.ir Unea impruveme:rrL inc.luttirut rudd widemrrge The totdi p!•oje%ct c: is% is dppruxtmdtely $204,000.00. RESOLUTION N0* s2-4 al PR03ECT 1179 PILCRI LANE' IMPROVEMENTS Item 6-A-1 PUBLIC HEARING - PROJECT 204 - GLACIER LANE IMPMOVEMEN1S Item 6.•A4 RESOLUTION NA. 82-456 MY R XMIL-994L PROJECT 2041 CLACIT.R I. AHL helm ..6-A-2 1-Llii.V HF'ARING - 3NO LCT 1060 NATHAN LAN'. IMPROVLHLNT 5 l te, S -A-3 llsll Special Council Meati na September 13. 1982 Page 235 The public hearing wa:i opened -it 8:05 p.m. Ku one chose to speak acid the hearing closed at 8:06 p.m. MOTION was made by Cot.tincjlmember Threinan, seconded by RESOLUTION N0. 92-457 Cuwicilmember Neils, to ddusit RESOLUTION NO. 82 •457 ADOPTING ADOPTINC ATSTSW.Nr ASSLSSMLNTS, PROJECT 206 NATHAN LANE. PROJECT 206, NATHAN LANE Motion carried on a bull Call vote, five ayes. Item 6-.A-3 Manager Willis introduced City project 901, North Central PUBLIC HEARING - Interceptor sewer indicating that the total project cost was PROJECT 901, NORTH approximately $560,01) *;th the assessable portion S525,000 and CENTRAL INTERCEPTOR the City paying the rem.:.ininy costs. The major party assessed Item 6-A-4 Hi this project is the Hemiepin County Park Reserve District. A written objection to the assessment his been received from Rev. Blaine G. Barr e.n behalf of St. Joseph's Church, Mdyur Davenport opened the public heariiq at 8:07 p.m. No ore chube to spedit and the public hearing was Closed at 8107 p.m. Engineer Moore recommended that the dssessment roll for this project be rtivised to deduct the 1.8 acre cemetery from the St. Joseph Church dssessmerit. MOTION was made by Councilmember Neils, seconded by RESOLUTION N0. 82-458 Cowicilmembex Moen, to adopt RESOLUTION N0, 87-418 ADOPTING ADOPTING ASSUMT9 RLVISLD ASSLSSMLNT ROLL FOR PROJLCT 901, NORTH CLNTRAL PROJLCT 901, NORTH LNTLRCLPTOR SLWLR AND COUNTY ROAD 9 WATLRMAIN OTHLR THAN Ci-NTRAL 1NTLRCLPTOR HLN*PIN COUNTY PARK AND HLRITAGL. LSTATLS deletilig 1.8 ,xres Item 6-A-4 from the area dbsessment for the 'it. Joseph Church p-)Iierty. Motion carried on a Roll Call vote., ''ive ayes. MOTION ww,:s made by Coucu:i imemour Nei 1 s, 5ec131ided by RESOLUTION N0. 82-450 Cuuriv i Imembur Moen, to adopt RLSOLUT ION NO. 82-1459 .TOPT LNG TIOP'ING ASSLSSNENTS ASSLSSMLNTS, -'ROLCT 901, NORTH CkNTRAI. INTLRCEP-OR St'IVLR AND PPOJLCT 901, NORTH COUNTY ROAD 9 1ATLRMAIN, HLNNLPIN COUNTI PARK - MLI ILA -.NL LAKL* CL11fRAL 1NTERCLPTOR Call vote;, five dyes. Item 6-A-4 Motion cdrritd on d ROIL all vote, five dyes. MOI LON ,rdb mddc. Ly Cuunci Imember t1lei Is, seconded by RLSOLUT10H N0, 32-460 Cuunci _.Zber Moan, to adopt RESOLUTION NO. 82-460 ADO)l ING AIP1riGASST SSM ASSL1:S4 NTS, ?R61 CT 9019 NORTH CLNTRAL 1NTL.RCLPTOR SL* R &NO PROJLCT 0,01 'JORTH COUNTY ROAD 9 WAfLr1hA1N. HLRITAGL L_STATLS. CLNTRA1 tNTLRC-PTOR Item 6--A-4 Mutiu,, cdrrit-A ur, d }toll Call vote;, five dyes. M6nayer Wil 1 i a i 4r.rudured the 1982 de l i nqueo t utility hedr i iiq PUBLIC HL All ING - in;l.icati:ty that the ssessmeiit roll timuuiited to some $62,879 OLLIN41,IL.MT UTILITY cunst.ituti,xj properties delinquvnt on ;,ewes diid wdi-er bi l 1 B 111 pdymeas in excess uiq' several months, item 6-4•5 Mdyuk Oav MPUrt upulled idle public hearing it 800 u.m. a S// Special Council Meeting September 13, 1982 Page 2.36 hki otte chest; to speak and the hearing closed at 8:11 p.m. NOT LON way m,ad.e by Councilmember bt 11neider9 seconded by Councilmember 0+oln, to adopt RESOLUTION NO. 82-461 ADOPTING ASSLSSMLNT, 1982 OLLINQUENT SEWER AND WATER BIL!.$. Notidn carried on a Roll Call vote, five ayes. Manager Willis introduced the 1982 diseased tree removal, assessment hearing indicating that no objections had been received to date. Mdyor Eldvenport opened the hearing at 8:12 p.m% No one chose to speak and the hearing closed at 8:12 p.m. M7T1CM was made by Councilmember Sch::eider, ac:onded by Cow;eilmember Neils, to adopt RESOLUTION NO. 82-462 ADOPTING ASSLSSMNNT, 1982 REMOVAL AND DESTRUCTION Of DISEASED TREES. Notion carried on a Roll Call vote, five ayes. Manager Nillis indicated that the City is required to cut weeds ii: excess of City ordinance and statutory standards. This assessment cull amounted to $4,710 as a orae year assessment for individudls who did not out vegetation within the ten day time limit. A written objectton has heen received from Mr. Lewis Supplec;. Mdyur DdVellpurt upened the hearing dt 8:14 p.m. No ui:e chuse to Spedk and the hearing closed at 8:15 P.M. NOTION wds mete by Counc:i.lmember Moen, seconded by Mdyor Davenport, to adopt RESOLUTION N0. 82-463 AC.VTING ASSESSMENT, 19h+ WEED ERADICATIUN AND DLSTRUCION. Motion cdrri ed on d Roil Cdll vote, four ayes. Councilmemker Thrienen dbstdined. PRESLNIATIONS Jim Olsen, Ronestruo, Rusene, Anderlik & Associates, presented the City Cow:cia with a preliminary engineering report on City Pro jeut 23!, 6th Ave. /Humphr::y Estates Addition, ut t ,l i ty and street imurrovements. ile i.ndicdted that Oie project coi*ists of two ptimi, both inctudiny sdilit.dry sewer, storm sewer, itermains, did s%reet improvements. The Humphrey Estates purtlun of the project is esti.mdted it $292,000 and the 6th Avu. purt.iuil at w Cher $498,000 or $616,000 depending un the City Council's clw.ice of roddl widths. The City Council will e RESOLUTION N0. 82 DELINQUENT UTILITIES Item 6-A-5 PUBLIC HEARING - DISEASiD 'TREE REMOVAL Item 6-A-6 RESOLUTION N0. 82-462 ADOPTING xssrssmw DISEASED TREE REMOVAL Item 6-A-6 PUBLIC HEARING - VEED ERAD ICATION Item 6-A-7 RESOLUTION NO, 82-463 WEED ERADICATION Item 6-A-7 PRESENTATION - PREL tMINARY ENG. REPORT, PROJECT 231 Item 7-A f". Special Council -Meati ng September 1 r,. 1982 Page 237 have to address the policy issue of road width and cross aectioo on 60 Awv. Based an Donestroo's review of transportation plans in Plymouth, they see future congestion in the vicinity of Highway 55 and there will be a need for a four lane alternative road. The recammerirlation is that the road be a 52 foat., four lane roadway. The estimated cost difference between a 36 foot roadway and a 52 foot roadway is $1189000 primarily dare to fill and excavation required depending upon the size roadway constructed. CounclIxo6er Itzeinen questioned whether the cost di f ferences between the two proposals includul right-of-way expenses. Mr. Olsen indicated they did nut. Engineer Moore commenced• that right-of-way for the larger street would only be required on the south side of the roadway near tiw Carlson 2nd Addition, Councilmewbrr Neils questioned whether Hennepin County had any plans fof 6th Ave. becoming new Hennepin County road 15. Lngineer Nuore responded that Hennepin County classifies 6th Ave. as a minor collector under local jurisdiction. It would Iia` ne a County Road. NOTION was made by Councile.wker Neils, seconded by CourJuilmeftar- lhreinen, to adopt RL S01 UT10N NO. 82-464 RLCEIVING REPORT FOR 6TH AVENUE - HUMPHt(LY ESTATES ADDITION, UTILITY AND bTRLLT 1MIPROVLHLNTS9 PRO0LCT 231 and referring it to the City Council Aarsessment Committee. Notion Carried on a Roll Ca)1 vote, rive ayes. Sub Roscoe, Strga.r, Roscee, Ince, introduced the County Road 61 rrrrtdorStudy,. City Project 216. He indicated that the study was to address the County Road 61 corridor from Highway 12 in Minnetonka to County Road 10 in Maple Grove. The study was an attempt to identify the issues, review the alternatives, and make recommendations with regard toi the roadway. In addition to the 61 corridor study, the study deals with the extension or 13th Ave., Fernbrook Ldnw, and the a.li.grunent of County Road 15. Mayor "avenport indicated that the Council will likely schedule a study session to discless this issue in October. Peter Fouseh, Strgar, Roscoe, Inc., + ndloated that the study addresses ai.ssues which include County Road 61 continuity as it passes through Plymouth in rive separate segwcotts1 the new alignment of County Road '151 the extension or 13th and Fernbrook Lane; and two freeway Wterchariges in the commute i ty. Both committed and ultimate netsorks were c0118, &%red in the rectiendations. Design objectives were used to guide the develuoftiit and evalust.iun of each alternative. Cn%tt s Hera also i.nutu.ted fur each improvemerit contemplated. Total approximate cost of the project is $10,0009000. The rdpurt RESOLUTION N0. 82-464 P03ECT 2319 PRELIMINARY ENG., REPORI item 7-A PRESENTATION - PRELIMINARY ENG. REPORT, PROSECT 216 Item 7-B 11511 Special Council M'ee.ting September '13, 1982 Page 238 idertii.fled alternate financing options, The next step in the report is to have it reviewed by Minnetonka, Maple Grove, Hkrrrrepirr Cowity, Mirmesnta Department of Transportation, aced finally the City Council. Odve Wren, 420 Urkshire Lane, addressed the Council on behalfof the church. He asked whether the church was notified or this public. he:dlirig. MdyUe Daloapmport corrected that this w:as not d public hearing. Manager Willis indicated that the ow,-eliminary report of segment one of County Road 61 is dnderway. Once it is prepared, the City Cnuncil will conduct a public: hearing irrvitiftg all affected property owners. Mr. l:Yarert asked what has happetted on County Road 15. Engineer Moore indicated that the Cotoozy is in the process of mdintainirg the roadway, including asphalt resurfacing. ldmesw P. - -Bremer, 302 hnvtia Lane, is concerned about the d Igl.,et:rtt of CeR, 61. He Joes not :vent parcels split because of the road dlignment or the road constructed too close to tt* resifticts in the area. He questioned the possibility of hdvi.rry an underyrounti culvert for the bike path adjacent to County Road 51. Mdriager w,llis explained that the bike path, is to be cunsidere:d concurrently with the preliminary engineering report. 140110N wdy made by Councilmember Threinen, seconded byCouncilmembe:r. Moen, to adopt RLSOLUTION N0. 82-465 RECEIVING RLPGRT ON COUNTY ROAD 61/1-494 CORRIDOR STUDY, PROJECT 216 and referriouy the report for review by the City of Maple Grove, Minnetulikd, Henriepirl County, dr d Mimiesutd Department of Trdnsportdtiorl. Mutimi vdi-Tied Cd d ROIl. Cdll vote, five ayes. MOTION %SIS mdde; by Couiteilmember Threinen, seconded by Cuunci.lme0er Koeii, 'JiteeLing that the staff arrange a Counci study ses:r.iu% oil this .issue and prior to this meetinq prepare a report for council review dddressirrg the following: 1) Sulic.ite responsks from people at the north and south end of the ruddwdy rerydr4ilty dlterridte alignment alte:rndtives. 2) lidukyruund ddtd ori C)e pruposed Hamel Road/1-494 intew-change. 3) Diucusslur+ ut l ind guiding in the area of the proposed interchdrrye:. 4) Address bicycle path aixf underpass dl terftdt i ve:+. 5) Advise rhe P lanr,i ng Comm.i ss ion of tnt s tudv Motion cdrried on a Roll can vote, five ayes. Ndndger fillis indicated dppruved thew esstdblishmt .t No. 2 doid the p; epdrdtio6i Lve:iiwii, Dudye, hic. that the City Council hdd earlier ul' tdN. increment filiancitly district of d tax .incremem financing plan by t. RESOLUTION N0. 87_-46 REPORT PROJECT 216 1•ten 7-8 PRESENTAT.tON - PROPOSED TAX INCREMENT DISTRICT Item '1-r apeti.al Council Meeting September 13, 19812 Page 239 Wayne S. Buragraaff, Sr. Vico President of Evenson, Dodge, lric., indicated that as a economic development district, this tax increment financing plan cavered nine years and 3.9 million dollar.-- in improvements to Xenium Lane and County Road 61. The plans proposed by the developer represent a substantial improvement and analysts shows that the increments from the project are sufficient even at a 46% cutback rate to sustain the repayment of the bonds. Mr. Burgyraaff reviewed the procedures which will now take place with regard to the tdx increment financing plan. He indicated that the preliminary plan submitted this evening will be reviewed by Hennepin County and the school district in accordant ce with state statute acrd it is recommended that on October 18 the City t.ouncil conduct a peiblic hearing to finally approve the tax increment financing pla•l. He reviewed the importance of creating this tax increment district prior to November 15, 1982, especially in relatior. to tha lower frozen tax valuation which will result. Mayor 11ave,iport questioned the reason for the reduced plan. Mr. Burggraaft' indicated t'idt state law allows the City to exclude fiscal disparities from the district which would have the effect u1' requirill other property in Plymouth to bear the burden 1'or the tax increment f'tridnce district. By 1rn:lud.i1Iq the fiscal dispdrtie:s, the devi lopment district pays its share. Cuuncilmermber Schiieiaer questioned why 46 million rather than 100 million dollars i,n improvements was used. Mr. Burgyraaf f ddvised that the developer's plan Weis d middle of the road plan but Lvenson, Dodge wished to scale it back to determine the suundness of the tav i1kcremenc. financing proposal. He ttidiudte.d that the: fi,,d,sci.it dspects of the plan do nut work if the improvements are: 316 million dollars or less. Councilmember Threinen questioned the variables used in the dpprudch. Mr. Buryyrddr iWie:dted that the most conservdtive approach possible was L,*e(k assum' ny thdt the mill rate would itut invre:ase over the yedrs or the pldn, it assumes W inflated vd:ue of the new cunstruct.i.ta-. it used 10% as the assumption l'ur the bund sale .interest r.te- died in l'or the reitivestment rdte. He ddde d that there 15 nu gudrdntee of the project's viability but that 0C must tm1%Jrtd11t fdctr)r was the timing and magnitude of improvements undertaken in th.--% district. MOTION w-ts made: by CounciL,nember Schneider, se;cotided by Cuunuilinernber Neils, to adopt, RESOLUTION N0. 82-466 GIVING PRLLIMINARY APPROVAL. TO A DRAFT TAX I.NCRLMfNT FINS. INC, PLAN F+IR OLYLLOPMLNT DISTRICT N0, 2 AND AU1W41R.lZING ITS TRAN'SMISS.ION TO HE.NNLPIN COUNTY, LW)LPI.NDLNT S01OOL Q IS TRICT 284; APIs CALLING A PUBLV HLARING ON THL TAX I WCRLMLNT FINANCING PLAN FOR 0MLOOWNT DISTRICT NO. 2, Mut1W carried on d Rul.l Cdll vote, five dyes. RLSQLUT ION N0. 82-466 PRELL LHNARY APPROVAL TAX INCREMENT DISTRICT PIAN h eft, , S// Special Counc .i 1 !feet i ng Septefter 15, 1942 Page 240 The Council took a five mi:wte recess at 9:18 p.m. PLT1TIONS. REQUESTS AND CON MUM 1CATIQNS Manager Willis indicated that the Planning Commission recwtmended approval of a preliminary plat and variance for Jrrry Uzzell for Lynnette Marie Addition deluting he engineer's requirement for public access. Mdyur Odvenpurt spoke against the sale of access rights from this property to the lake. He desires that d covwnant address this issue. Cow-icilme-mber SCIvit ider questioned what covenants the City could require on this development that we do not on others. Councilmember Weils questioned the length of the access edseft'10t a Lngineer Moore stated that it is planned from Medicine Lake Drive to the lake front. Counc.ilmember Threinen dsked for clarification of the lake dccess questiun. Lngineer Moore stated that the. developer intends to yell ldke dcce3s to recoup some of his costs for hdvitly three rdther than four buildable lots. Jerir Uzzt .110 pet it iuner, indicated thdt his intent was to sell access to the lake tot the; five landowners to the north. Cuuncilmember Neils indicated that she favored d private rather Lhdit d public drive ds she does not wish the City to have to mdintdin this. She dlio expressed concerti that people may cunfuse the pr.ivdte drive with public roadway, MOTION was mdde: by Cuutic:ilmember Threinen, seconded by Cuutieilmembe;r Neils, to diupt RESOLUTION N0, 82-467 APPROVING PRLLWINNRY PLAT AND VARIANCL FOR JLRRY UZZLLL FOR "LYNNLTTL MARLL ADD11LON" (82042). NOTION was made by Mayor Ddverrpurt, seconded by Councilmember Threiiicir, to ddd a cundit.ion No. 11 to redd: "Pr.ivdte access to Medicir e Lake shall be limited to the thra:e properties urs this pldt; dppropridte legdl restr ictio:rs dpproved by the City Attorney Atall be filed with the final plat. MODUli to dme110.1 carried ort d R03II Call vote, five ayes. Original motion uarr,ied un d Roll Call vote, five: ayes. NOTION ads made by Coutrci Imembe: r Moen, seconded by Cuuncilme;mber Schnieder, to adopt RLSOLUTION NO. 82-468 APPROVING PRLL LMINARY PLAT AND VAIIIANCLS FOR LUNDCRLN BROTHER'S CONSTRUCTION COMPANY, INC. FOR "KRALTZ LAKL POINTL" LOCAILD NORTH OF KRALTZ LAKL, SOUTH OF 201 AVENUE NORTH (82045) M430011 cdrr.ied on it KulI Call vote, five dyes. JERRY UZZELL PREL IWMARY PLAT A VARIANCE APPROVAL Item 8-A RESOLUTION NO, 82-467 PLAT 8 VARIANCE, JERRY UZZELL FOR LYNNETTE MARIE ADDN 82042 ) Item 8-A TION N0, 82-468 PL%T 8 VARIANCES KRALTZ LAKL POINTE 82045 ) tte no 8-8* S// Special Council Meeting Septefter 13, 1982 Paye 241 MDT1014 was made by Councilmember Moeiti, seconded by Councilmember, Schneider, to adopt RLSOLUTION NO. 82-469 APPROVING PRELIMINARY PLAN/PLAT, CONDITION+IL USE PERMIT AMLNDNLNT, .WD 'CONSIDERATION OF RE.ZONING FOR ZACHMAN HODS, INC. FOR "FOX GLEN THIRD ADDITION" (lPUD 78-1) (A-814). Notion carried on a Roll Call vote, five ryes. MOTION was made by Councilmember Moe: -, seconded by Councilmember Schnei*r, to adopt ORDIMg4CE. NO. 82-23 AWNDING THE ZONING ORDINANCE TO CLASSIFY CE.RTA,N LAND LOCATLD SOUTHEAST OF DALLAS M AN FERNBR(',0K LANE. AS R-3 (MEDIUM DENSITY MULTIPLE RESIDENCE) DISTRICT. Motion carried on a Roll Call VC -'e, five dyes, MOTION wa;s, made by Counct.member Moen, seconded by Cuuncilmember Schneider, to ddOpt RESOLUTION NO. 82-470 Sf-TTING CONDlT10NS' TO BE MET PRIOR TO PUBLICATION AND LFFLCTUATION OF RE.ZONING RE.LATIVE. TO "FOX GLE.N Th1RD ADDITION" RPUD (A-814). Motion edrriect on a Roll Call vote, five ayes. 14OT10N was made by Counc i f.mcmbe r Schneider, APPROVING SITE. PLAN FOR CANDY ANU TOBACCO COMPANY 55 (82043). Councilmember Moen, seconded by to adopt RLSOLUTION N0,, 82-471 VOLP CONSTRUCTION COMPANY FOR DUDE SOUTHWEST IIF NIAGARA LANL AND HIGHWAY Motion carried ori d Roll Call. vote, rive ayes. MOTION wdb made by Counc.ilmemher Cuuncilmember Schiteider, to adopt APPROVING S1TL PIAN AND CONDITION& STOBBL, FOR STOBBE. OLVE.LOPMLNT COMPAW , Moen, seconded by RLSOLUTION W. 82-472 USL PLHH1T FOR LRW1N INC. (82041) Motion carried on d Roll Call vote, five ayes. MOTION was made by Councilmember Moen, seconded by Cuunciltnember Schneider, to adopt RLSOLUTION NO. 82-473 APPROVING S1TL PLAN AMLNDWNT AND VAR1ANCL FOR FOXGLOVE PROPE.RTILS FOR UPSHE.R-SMITH LABOKAJOR1L5, INC. LOCATLD AT 14905 23RD AVLNUE. NORTH (A-696)0 Motion carried un a Roll Call vote, ri%e ayes. MOTION was made by Cuwic i lmembe r Schne i dr v , APPROVING CONDITIONAL UOK OL IVE.T LUTHE.RAH CHURCH OF 9 (82037 ) Counci lmember Muen, seconded by to adopt RL `:GLUT ION N0,, 82-474 PERMIT SITE PLAN AMLNDMLNT FOR MOUNT PLYMOUT' LOLATLD AT 12235 COUNTY ROAD Motiun carried un a Roil Call •41-ute, fuuc dyes. Councilmember Schneider absuined. RESOLUTION N0. 82-469 APPROVING rRELIMIWKV PLAN /PLAT , CUP, 8 REZONING, ZACHMAN HOMES "FOX GLEN THIRD AD DN . " (A-814) Item 9-C* ORDINAW- N0, 82-23 CLASSIFY CERTAIN LAND AS R-3 Item 8-C* RESOLUTION N0, 82-470 SETTING CONDITION PRIOR TO REZONING FOX GLEN 3RD ADDN. A-814) Item 8-C* RESOLUTION NV, 82-471 APPROVING S1TL PLAN VOLP CONSTHUCTION FOR JUDE CANDY (82043) Item B -D* RLSJLUTION N0. 82-472 APPROVING E 8 CLIP FOR L WIN STOBHE. ( 82041) Item 8-L* RLSOLUTION NO, 82-473 AMLNDMLNT 8 VARIANCE UPSHLR-SMITH LABS A-696) itcm 8-F* RLSOLUTION NO. 92-474 APPROVING CUP SITE PLAN AMENDMENT FOR MT. OL IVL T ( 820 37 ) Item 8-G* r/ I Special Council Meeting September 13, 1982 Paye 242 MOTION wds made by Councilmember Moen, seconded by Cuunci lmember Schneider, to adopt ORDINANCE N0. K -2 ". MENDING THE ZONING ORDINANCE TO CLASSIFY CE141TAIN LAND LOCATED AT 12235 COUNTY ROAD 9 AS R -IA (LOW OENSITY SINGLE FP.MILY RESLOLNTIAL) DISTRICT. Motion carried on a R -r11 Call vote, four ayes. Courcilmember Schfferider dbstdifle:d. MOI iON wds mdde; by Court ci lmembe r Moen, seconded by Cuuneilmamber Schneider, to adopt RLSOLUT.ION NO, 82-475 APPROVING COND1TIoNAL USE PERMIT "OR LA PLP1NILRE MONTESSnRt SCHOOL MLRATING AT THE MOUNT OLIVLT LUTHLRAN CHUN.N. OF PLYMOUTH LOCATED AT 12235 COUNTY ROAD 9 (82037). Mdlldyer Willis ifldiCdtec: use permit request d1ld development is bimildl submitted d few years uriyindlly ste:kiliy d v bu+eliffy requirement. rcquiremeotts. Item;, No cuiiditiuns de:dl with thi mudel ateucture dnd tl trailer. The stdrr d dddi t.iuns. thdt this ireim irrvolves d cunditior,al rezon.inq for Dean R. Johnson. This to the 1GO development which was go. The developer in this cast: was riance from the development contract He hds now agreed to the; bundi nq 10 drid 1 1 iil the resulut i000 sett i oiq i ssudlice of d bui l di rlg permit For a e use or d tenpurdry construction yes ret see any problem with these Couflc:.ilme:mbe;r Ne. i is quebt iune;d whether Mr. Juhnsof, understood the: city's require mitts with regdrd to c %nstruct ion afld pdvifw ul' the: trdily, with phd%.e I impromments. Dt;dn Juhnsuii, Dean R. Julmsun Construct iurl Cumpdt y, btdt t -d that he recuynize.% thdt the trdils have to be constructed fully during Lite rirst phdst:. MUT ION wdb mdJe by Cuuftc i Ime mber Ne i 1 s, secoflcled by Cuutivi.lmembetr Threineii, to .lf opt RESOLUTION N0. 82-476 APPROVING FINAL PLAN/PLAT AND CONU 111ONAL USL PERMIT AWNDMLNT FOR "CRLEKSIIX OF PLYMOUTH" FOR ULAN R. JOHNSON CONSTRUCTION, INC. (RPUU 82-02) (79018). Mutiu11 Vdrrierd usl a Roll C.el.l ;ite, rive ayes. MOT ION wds milder by Cuune i Imembea r Ne i l s, beconded by Cuunci imember Thre .meal, to adopt ALSOLUT ION NO. 82-477 SLTT INC CONDITIONS TO OL M PRIOR 10 F 1 L 1 NG OF AND R LGA RD I NG F 1 NAL PLAT/PLAN FOR "CHLLKSII.IL OF PLYMOUTH" FOR OLAN R. JOHNSON CONSTRUCTION, .INC. (RPUU 82-02) (71018) with the idditioit or condition 1? indicdti.rtg that construction aid pdvirtq of trails is to b. cumple:te;d with phdse one: uF the develuNmellt d1x1 ca d end the de%elopmt:rtt coardet ittin 13.2 to be; caigistent with oundi t tuli 12 abo%e.. Mu0011 edrrla6 u11 0 Rol: CdlI vote, rive dyes. ORDINANCE NO* 82-24 lit} NG NNING 019 CLASSIFY LAND R -1A Italy 3=G* RESOLUTION NO. 82-475 LA SIN ILRE SCHOOL AT MT. OL IVET ( 82037 ) Item 8-C DEAN R. JOHNSON, F INAL PLAN/PLAT REQIE:ST Item 8-H RESOLUTION N0. 82-475 PLAT 8 CUP FOR DEAN JOHNSON "CRLEKStIX OF PLYMOUTH" (79018) it tin 8-1.1 RESOLUTION N0. 8? -477 CRLLKStOE OF PLYMOUTH" (79018) Item A -H JIS// Special Council Meeting September 13, 1982 Paye 243 NOTION was m&Je by Councilmember Neils, Cotncilmember Threineet, to ddupt ORDINANCE NO. THE ZONING ORDINANCL TO CLASSIFY CLRTAIN LAND PLYHOU711 CREEK AND SOUTH Or COUNTY ROAD 9 DENSITY NHILIIPLE RESIOLNCL) DISTRICT. Motion carried on d Roll Call vote, fire ayes. seconded UY 82-25 AMER)ING LOCATLD EAST Of AS R-3 (MEDIUM NOTION Was made by Councilmember Neils, seconded by Cuwtcilmember Threineti, to adopt RESOLUTION N0. 82-478 SETTING CONDITIONS TO BE MET PRIOR TO PUBL 1CAT NON AND EF FECTUAT ION OF REZONING RLLAT1VL TO "CRLLKSIDL OF PLYMOUTH" (RPUD 32-02) 79018). Mut ott earrit'd on d Roll Cd' l Vote, five ayes. MOTION Was made by row i c i I member Moen, :seconded by CuwicilmeMer Schneider, to adopt ORDINANCE N0, 82-26 AWNDIMC PORTIONS OF THL ORDINANCE 80-09, ADOPT!•D JUNE 16, 19801, AS AMENDED, AND KNOWN AS THL PLYMOUTH ZONING IRDINANCL with readrd to manufactured homes. Mutictn carritA t. a Roll Call vote, five aye:.. MOT10N was made by Coutteilmember Neils, seeondod by Councilmt:mber Threititii, to adupt RESOLUTION N0, 82-479 ORIERING IMPROVLMENT AND PRI PARAT ION OF PLANS AND SPLC IF ICAT IONS RUNT ILiVET LUTHLRAN Ct.VCH SANITARY SLWLR - PROJLCT N0, 232. Motion carried on d Roll Cdll %ute, four dyes. Cowie ilmember Schneider abstdined. MOTION was m,xie by Cow i vi I membe r Moen, !D%xonded by Cuuncilmember Schne:tder, to adupt RLSOLUTION NO. 82-480 RECLIVING PRELIMINARY RLPOR I AND OROLRINC Pr%OJLCT STRLL T LIGHTING HROCKPAHi.ER ADDITION. Mutloii carried on a Roll Cd1 l %ute, five dyes. MOT10N wd5 mdde by Cuwici Imemher Moen, seconded by Cuuncilmember SchmaWer, to adopt RLSOLUTION NO. 82-481 RLCLiVING PRLLLMlNARY RLPORT AND ORDLRINP; PROJICT STRI,:_T LiGHT1NG NATHAN TRAILS PLAT TWO. Mutiun edrried on d RvI l Cal I jute, f i%e aye.I 1401 ION wds made by Councilmember Mute, secuttded by Cuwictlmcmber Schneidel •, to adopt RLSOLUTION N0, 82-482 ADOPTING ASSESSMLN1, SANITARY SLWLR AND WATLR S!RV10E. HOOKUP ANI) I } RMIT FLL, CITY PROJLCT N0. 238 ill the jinowit of S8,d9u.9. MU0011 Ldrried un a Roll Coll vote, fire ayes. ORDINANCL NO* 82-25 ARMING ZONIMCW CLASSIFY LAND R-3 Item 8-H RESOLUTION NQ* $2-478 OF RLZONING FOR CREEKSICE OF P".VMOUTH Item 8-H ORDINANCL N0. 82-26 MANUFACTURED H(H S Item 8-1' RESOLUTION NQ. 92-479 ORI3LRING PRLPARATION PLANS & SPLCS 14T, OL IVL T SMi l TARY SEWL14 PROXCI 132 Item 8-J RLSOLUTION N0. 82-480 RLCL LV1NG REPORT IRDL R I NC PROJI.0 T STRLLT LIGHTINC RROCKPAHLLR ADDN, Item 8-K' mLSOLUTION N0. 82-481 RLCL IV I. NG f4 PORT ORQLHING PNOJLCT STRLL. T L IGH T INC NATHt% TRAILS PLAT 2 ltEm 8 -K -2i Rt SOLUT inN N(1. 82-48? AB(1T1 55x5 WRY SANITARY SE WLR HOOKUP PERMIT FL[., CITY PRn w f 23A Item 8-L` TI5TT Speci dl Coto cil Meeting September 13, 1982 Pdge 244 M(indger Mullis indicated that four I ttdl payments dedli,N With the comantality pldyfield project are on the: dgendd, Costs from three of the four prujety, dre in aacorddnce ith tele. estimdte, tht fourth bl.ightly wi r. MO110N wab mdde by Councilmember Sclineiat r , Secututrd by RESOLUTION N0. 82-481 Cotntc.ilmembrr Neil -i, to adopt RLSOLUTION N0, 82-48) RLQU-Sr FOR RIUMST FOR PXVIZRr° PAYI•!NT N0, 6 AND 11NA1.9 COMMUNITY PLAYF ILLD IMPROVER NIS, N„ 6 d FINAL PHASL 111, SCHEDULE D, P,iOJf CT 40, 017 n the dmoun t or COt1muNI TY PLAYF ILLnS 21,410.15 to H idip ddle Llectr tk-, Use. t h'. amuurlt of 1,530.93 to PROJLL7 N0. 017 It Ll` 11. G. Cuttcractt,tg, Inc. Item 8-N-1 Mutiun cdrrted on a Roll C&t.l --Ulf , five ayes. PR0.7I CT N0. 017 MOT ION Wdb made by Cosutc t lint mh r Seh,e At becottded by RESOLUTION N0. 82-444 Cuwlcilmember Nutlb, t adopt RLaut11110N NO. -4h-t RE_QULST FI)H I'LOUL T FOR PAYMF'1T PAYMZNT NO. 4 AND F t .' COMA A I TY PLAYF 111 IMI'HOVk WN T S, NO, 4 8 FINAL PHASI Ill, SCIIEDULi C, PROJLCT NO. 017 ill t lic ani'lrlt ul COMHUNITY PLAYFILLOS 4,654' . 7i to W. 8 G. Ht hbe i i, Bros., lite. Rt %01 VT ION NO, 42-497 PROJLCT N0. u17 adupt. aLSULU. ION NO, 82-4tO lain 3-M-2 Mut U11 ta[rrlerd oil d Rot Call %ULe, IlAe Jyvbe UTILITY AND STIU11 IMPROVO4tNT 11)TION was made by Cuuttcilmrmber Sclntrider, St-cutid(d by RESOLUTION N0. k'-495 Cucutct lmcmber Nr t 15 9 to adopt 5t)LUI ION NO. H2-4k'l HLUtn 'R 11 011EST FOR PAY4 PIT NAY MLN T NO. 5 AND F 1 NAL ; CUMMI IN I TY PLAY F I i L OS 1 MPROVF MI N F ti , NO. 5 & F t N,t1L PHASI_ 1119 SCHLDULL F, Pitour NO, 017 its tht amw:iit of COMMt141TY PLAYFIL%-1) 19,92?.75 to lewit s Wc,%t , lite • PROJI CT NO. 017 Item 8-M-3 Mut tuts cat rtrd un a Roll Call outer ow aye!.). MOT ION wab madt by Cuwlc t lmt otbec 5%, hike ider , becu-tuts) 'y R'SOLUTION NO, 82-486 Cuwtc lmembe r Mei i l b , to adopt RL.Sf)I.UT ION N0. 92-466 RLY'HI 5 T -14 NM S PAYMENT NO. )AND FINAL COMMUNITY PLAYFILLD IMPROVI.HLNTS, PH\Sl NO. a & FINAL l 1 l , SCHLDULL H, PROJLCT N0, 017 Ill t h'. amuurlt of 1,530.93 to COMM IN I rY PLAYF It Ll` 11. G. Cuttcractt,tg, Inc. PR0.7I CT N0. 017 Item S• H-4 Muttult L.arrle<d ult a Rut! Call kkutt•, ( IVt' ayt'b. MOTION n.t;, mdd,u by Cuww i lm;tmLwr M,'- i twcolided h Rt %01 VT ION NO, 42-497 Cuwtet lmtmbl 30 %iicider, to adupt. aLSULU. ION NO, 82-4tO NARM—501R -N0. I APPROVING CHANCL 'JRIIER NO. 1, UTILITY AND STIU11 IMPROVO4tNT A HN A ti IHk l T IMP PROJECT NO. 201., 202, a11"l 21 1 N AMI C T ?O1, ?w, f) I I Item 8 -NO Mut.t;t c.rrted uli a Rt+:l Call wtze, 1'tsse aye:,. 40'11 ON wab made by cows ct Imemhwr Mu gin, tiec,•undt,d by RLSOI OrION NI), 82-44K Cow IcI lmrnohuv Schlw tde- r•, to ddupt RI Sill 'JT iCN NO. 42-48H AWARf) T; IG CONTRAM AWARDING CONTRACTS FOR THL FURNISH1Nu Of TWO t.5' LONG PEDLSTHIAN M1111fl S PLOI SfRIAN BKOCLS its 0t, amuwlt of $7,291 to OV901.1r4 Item 8-O` ManufacturtlnJ Crmtpolly. Mul un carried un a Reil +.al I gut t. c' ;%e. .lych. Cr<S;oefryj i qlbet i ng MOTION was made. t)oi Councilmember Moen, seconded by ORDINANCE NO, 82-27Cuunci• member Schneider, to adopt ORDINANCE N0, 82-27 RELATING AMENDING ORD, BYTO1AWIC, MOTOR VLH ICLL S AND OTTER VEHICLES BY AMENDING ADDING ADDITIONAL. SUB-SXT10N U05*15 TO ADD ADDITIONAL BICYCM LANLS AND WAY;,, BIKE LANES & WAYS Mtow ooc„ :arrive u+- ,a Noll Call ante, 'ive ayes. Item 8-P* Thr City Mdnager stdtt,•d t:h.-IL thy• School District is considering a permit parkiny p:C,n for it.1 ; it studeetts to .ontrol parking problems in the Way; atd w*,gh parking lot. A petit ion h.A, been received frkn+ hon w r+t rs iii the area requesting the t+tst4llatio+i of Nu Pdrving so it : during the houru of 8:00 a.m. and :00 p.m, school days ol; 4th Ave. and Weston Lane. Council.mermber Schneider l.t gwtited that there are only 28 people listed un the; petition whit;,, is somewtta,,: less than 50% of the addresses in the area. Ed F_,, 16210 5th Ave. , represent ing the homeowners dssueidtiuii indicated that the e+itirt: ddditiun consists of 72 huusehulds. MOTION wd:ti mdde by Counci lmembe;r 11jen, seconded by Mayor RESOLUTION NO, 82-489DavenporttoadoptRESOLUTIONNO, 82-489 APPROVING THL iNSTALLATILW OF NO PARKING SIGNS ON 4TH AVLNUL NORTH BETWLr-N SIGNS 4TH AVE. V1CKSOURG AND BLACK OAKS LANL AND WESTON LANL FROM 4TH TO STH WESTON LANL AVENUES, item 8•-0* Mutior+ c:drritd oil d Roll Call vole, fi%r .eyes. MOTION wds made by Counci Imembcr Moet, secondedby RESOLUTION N0. "i1-490Cuun+cilmember Schneider to adopt lit_SOLUTION LJO. 82-49C APPROVIR` Ij T.— APPROVING DISBURSLMLNTS FOR THE PERIOD LNDING 7/3i/82 in the WN1115 FOR PER[ni) amount ul' $2,840,8+15.25. LNDINC '/31 /82 loam 8 -Its Motion carried on %:Ru LI Call vut4, I ivi' ayes. MOTION was made by Cuunt.•tlmemi.-,r Moen, seconded by RLSOLU'(ION NO, 82-491 Cvu+tc.i Imember Se„ h ieide:r, to atiopt RLSOLUT ION NO, 82-491 API 11, 0, ING C IGARF i T!_ APPKOVLNG CIGARLTTI I. LCL.NSL. L ICLMUL ltc'm A -S• MUL la + eat'ri ed u++ to Ru l .1 Col vote,, l 3 ve dyes. MOTION was mddl; by Coul it: I I mtmbe is Moth, sec:oi.ded by RESOLUTION N0, 82-492 Cuuncilmember Se,'.AIIcider, to adopt Rf S0LUTION NO, 82-492 AUTHOR1T.IR AGRL: MLNT AUTHORIZING THL. MAYOR AND CITY MANA(111 TO LNTLR INTO AN MOLN & PLNT.ILLA FOR AGRLLMLNT WITH 4OLN AND PLNT1LLA FOR 1982 AND 198) AUDITLNG AUDIT[PC% S;_RVICLSSLRVICLS. Item LI -T* MUtlun edrri,tt un d Roll Call vuLe, fi%os .ivies. MOTILIN was made, by Coul1t-i Imembeis Moan, sticotided by RES01-IITION N11. 82-493Cuuncilmembe: ich,%eidur, to adol. Ile %)GLUT ION 40. H? -493 AUTW 17 1 M i , AUTHORIZING AND DIRECTING THL. MAYOR 441) "I TY MAI,4CE'l 10 I-.N)'l1.R TION (t FlUll-PING AN ORDLR WITH ASPLCT TO A HAZARDOUS AND DANCLRolI'. HUILI)INC: 10710 S. SI10 PF' nnIVFLOCATLDAT10710SOUTHSHOJI. URt` l... Item 8-U" U] S// Speo,idl Cowicil Meeting September 13, 1982 0 Paye 246 MOTION was made; by Councilmembr Muen, seconded by Councilmtember RESOLUTION N0, 82-494 Schneider, to adopt Ht SOLUTION N0. 82-494 AUTHORIZING HENNEPIN AUTHORIZING CONDEMNP COUNTY PARK RESLRVL DISTRICT TO MIT LATE CONDEMNATION TION PROCEEDINGS RY PROCLLD1NGS ON THL L. HLRYHIAUML, etal; M. C. SCHUMACHER, R. HERHEPIN COUNTY PARK F. ELGIN AND D. N. LRICKSON et dl PROPERTIES FOR MEDICINE LAKE RESERVE. DISTRICT RLQONAL PARK PURSUANT TO MItyNESOTA STATUTES 398.09. Item 8-V" Motion curried Oa) d Roll Cdll vOte, five ayes. REPJRTS OF GFFICLRS, BOARDS AND COMMISSIONS Pdtk Director Bldrik inicated that he had preliminary ST. MARY'S CHURCH discussions with representatives from St. Mary's Church with PARK PROPERTY re:ydtd to least; ur purchase of part of their property. St. DISCl8SION Mdry's offlcidla Lridicate that their preference is for a five Item 9-I yedr ledse ds Opposed to the twenty Year lease the City is seeki rKj. Ui recur Rldlik is asking fur Council direction with reydrd Lu p4ir0hdse ',f tht: St. Mdry's property or the Henning ddditiuit I;v%erLy. Cuuiici lmember Itirt:Oie;n indiedted thdt he feels the St. Mary's site is idedl geugrapi-icdl ty and from d parking perspective for park IdI'd died would f door pursuiroy duyui si tion of this property. Al l Cuuticilmember: concurred. Cuuricilmember Neils suggested that Pdrk and Recreation Director @lank drrditge to be dt the parish council meeting to discuss the mdtter with thtin directly. NO fUrmdl City CuLuic 11 act ion wds taken . MOT JON wds made by Cout ciImemkar Hurn, seconded by RESOLUTION NO. 82-495 Cuuncilmember Selvieider, to adopt RLSOLUTLON NO. 82-495 RECATI M IENLRAL RLLAT TNG TO $1,300,000 GLNLRAL 013L 1GAI ION 1MPROVLM_NT HONDS. OF OBLIGATION BONDS 1962 APPROPR1ATIN^ MONLY FOR PAYMLNT 1HLRLOF. Item 9-0 Mut iuo, c.trried un d Rul l Cdl l vote:, f iV a .ryes. The metAliiy ddjouriied .it 10:07 p.m. 1 ` r T- 5 alit lager