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HomeMy WebLinkAboutCity Council Minutes 07-01-1985L!` x Rei / tI Y MINUTES REGULAR COUNCIL MEETING 3ULY 1, 1985 A re"Iar seeting of the Plymouth Clty Council was called to order by reputy Mayor Schneider at 7:30 pose in the City CouncU Chaubers of the City Center at 3400 Plymouth Boulevard on 3oly I, 1985 PRESENT: Mayor Davenport (who arrived at 8:43 paint), Counellmembers, Schneider, Crain, Neils and Vasiliou, Manager Willis, Assistant (tanager Boyles, Public Works Director Moore, Planning Oirector Treoere, Finance Director Ricker, Assistant Finance Director Rahn, City Attorney '_efler, and City Clerk Houk ABSENT: None PRESENTATION Paul Stelgerwald, Chair of the Communications Task Force, presented their final report and recommendations. He explained their research and their findings. One of the Task Force's recommendations is that thit City hire a full time Director of Cmwnity Information to oversee a comprehensive communication program for the City. the Council asked the City Manager to Incorporate the recommendations of tit, Task Force In his 1986 budget for further t:risIderatIon. CONSENT AGENDA MOTION was made by Councilmember Crain, seconded by Councllmem- ber Neils, to adopt the consent agenda r+ltei the deletion of items 8-H and 84. Notion carried on a Roll Call vote, four ayes, MINUTES NOTION was made by Councllmember Crain, seconded by Councilmm- ber Neils, to adopt the minutes of the special Council meeting of 3une 24, 1985 as submitted. Motion carried on a Roll Call vote, four ayes. P. PRESENT 1TION - COMMUNICATIONS FORCE Item 4 CqNSENT AGENDA Item 4 TASK MINUTES - SPECIAL. MEETING OF 3UNE 24, 1985 Item 5* MY 1, 1"5 Page 901 PUBLIC HEARINGS Manager WL&113 stated the City received a petition from Keith PUBLIC HEARING • Harstad, developer of Kingsview Heights Addition, requesting 3UNEAU LANE that a portion of 3uneau Lane at the north end of their plat at VACATI0N proximately 46th Ave. be vacated to conform with their new Item 7•A pint requirements. The City Engineer has reviewed the request and recommends approval. Deputy Mayor Schneider opened the public hearing at 7x46 p.m. No one chose to speak and the hearing was closed at 7:46 p.m. NOTION was invade by Councllmember Neils, seconded by Councilmem- RESOLUTION N0.85-466 ber Crain, to adopt RESOLUTION NO. 85466 AUTHORIZING THE VACA- MM Am WXTIM TION OF A PORTION OF XKAU LAKE NORTH LYING SOUTHERLY OF 46TH Item 7-A AVENUE. Notion carried on a Roll Call vote, four ayes. Director Moore stated that in April the Council received a PUBLIC IWORNATIONAL request from ANLAC that the City consider making a portion of MEETING - ONE-WAY East Medicine Lake Boulevard Into a northbound, one way street, TRAFFIC REQUEST ON from 18th Ave. to Medicine Ridge Road. The Council directed MEDICINE LAKE BLVD6 that the City's traffic consultant prepare a report on the Item 7-B advantages and disadvantages of the one way street system. That report has been completed and the this informational meeting was called to Inform the residents of that report. Peter F.otsch Vice President of Stegar -Roscoe -Fausch I InZ., the y s consulting engineers, stated they identified five alter - n itIves . Denny Eyler, Strgar-Roscoe -FausehI Inc., summarised the alterna- tLv"s and their respective advantages and disadvantages. Richard Martin, 2650 E. Medicine Lake Blvd., stated that hikers and bJ cern a ready have the right to use the street and asked if cars would be inconvenienced just for a few others who could still use the street. The property owners paid for the street, not the walkers and bikers. Shirleg Maxwell, 2650 E. Nedleloe Lake Blvd., stated her support for ma ng this a one way for the safety of the walkers and bikers and asked the Councll to vote for, one of the alterna- tives. Ro2er RYYdbbeerga, 3225 Wellington Lane, stated snaking this a one way would be a forward move and an enhancement to the park system. ply N . page i t,:. 19AS 202 Audrey Friedman, 25M E. Medicine Lake Blvd., stated she Fill ves it 13`imperative that there be some tyle of separation between the cars and walkers. T1s Muncrieff, 4020 Trenton Lane, not be penalized by aaldng than i travel slowly and he doesn't see use the road alioe stated he believes cars should take another route, the cars any reason why they should not Ser Hart , 1920 E. Medicine Lake Blvd., conducted a survey of If* cus orners at their boat rental business +filch showed 96% disapproving of caking the street a one way. He presented the results to the COuncil. Ma,rzHHarrtt , 2 900 E. Medicine Lake Blvd., stated there is a lot o"i' r' ei' on this street which would be inconvenienced if it were made into a one way. She Is a member of AMLAC and she was not asked her opinion on this proposal before it came to the Council. AMLAC should not be speaking for all its neebers. She pointed out that the Hennepin County Park has trails for jogging and biking. Don Maxwell, 2630 E. Medicine Lake Blvd., stated ANLAC has an e ec a card who discussed the one way plan. They hive a long range plan of getting a trail made all the way around the lake. The, are addressing the safety of the non-motorlied users. They counted seven or eight residences which do not have easement or access to the rear of their property and the majority already have their driveways on some street other than E. Medicine Lake Blvd. They realize there is a certain amount of Inconvenlence, but believe it is slight. Warren , 2840 E. Medicine Lake Blvd., stated this is not a i1gor "'inaonvenie iee for them. They have access for their drive- way from E. Medicine Lake Blvd. and they would not be able to get up It In the winter if this was a one way. He doesn't believe safety is any more of a factor than on any other road. Randl Rudrud, 2840 Ee Medicine Lake Blvd., stated h4 jogs and Wes Andd doesn't have any problem with safety. He asked that the street renbin a two way. it. E. Haseltine, 2680 E. Medicine Lake Blvd*, stated Medicine Ridge roada u"id be used by the walkers and added he hasn't seen any accidents on E. Medicine Lake Btvd. Rosella Sowers, 2760 Nathan Lone, stated she believes it would be vey'' ne'o nnvtentfortheresidentsifthiswereaoneway. Narver Weiss, 2645 Medicine Ridge Road, stated he has been run- ning for seven years and believes there is a safety problem. He added runners have a right to share the road with the cars% e4i: 4 Page 203 • els Del,ss, 2845 Mediclae Ridge Road, stats she walks this roid *ridIt isn't sate. She would like there to be room for both cars and pedestrians. Paul Libart r 2300 E. Medlelne lake Blvd., stated he ruin anti SIRes on the coed and has seen abuses In its use. The biggest problem Is the speed of the trsttlo. Ile opposes the one way &W believes that It the road Is used properly, everyone can enjoy it. Bobnim , 3035 E. Medicine Lake Glue., stated that bikers and Rens-Wave abused the streeto He suggested slowing the tratfic. He apposes the one way. Deputy Mayor Sehnefdee stated that the City doesn't set the speed lie tt, MAWT does. Florence Larson, 2930 Medicine Ridge Road, asked the Council to correct aeev ous errors before snaking any more. She doesn't want the City to destroy what It has. She pointed out that there are no shoulders on the road which is the problem. She opposes the one way and believes the problems can be solved by Increased enforcement of the laws. tArry Marofsk , 2835 Medlelne R14e Road, stated the original proposal was Far a one way in the sunsner months only. He urged the Council to discuss tsps with the County to determine ghat they are looking at for future use. He believes it would be butter to acquire some of the roadway now than to wait for the County to implement their trail plan which may take somr, front yards. ' Dan Flaherty, 9535 18th Ave., stated he doesn't believe the one wayad -i3acceptable and there should be a better option. Deputy Mayor Schneider read a letter tram Public Safety Director Carlquist stating his opposition to the proposal. Director Moore stated that the request wis for suamr months. He believes there would be a problem with changing the street pattern for winter and sumer months as it would eausn confu- sion. Mr., fausch stated he agreed There are about 15 signs needed to change the street to a one way which would have to be put up and taken down which is costly and time consuming. He added that one a pattern is established, it is difficult to change M Deputy Mayor Sohneider read the names of residents who had sub- mitted their support or opposition to the proposal in writing. N 0 • pas - t duly 1, 1989 Page 2.04 16710 MOTION was made by Councileember Hens, seconded by Deputy Mayor Schneider, that the Council take no action on the request for one Nay traffic on E. Medicine Lake Blvd, Councllmember Crain stated he supported this with a request to staff that they carefully examine the entire length of the road to determine what can be done to widen it to provide shoulders and to clean it up and provide room where it is needed. Ceunciimember Vasiiiou stated she agreed and believes that evi- dence to the residents that something will be done is needed and the City should take some definitive action to coordinate with Hennepin County. Motion carried, four ayes. NOTION was made by Counci leember Cram, ber Vasillou, directing staff to review and cams back with a recownendation on enhanced for bikers and •runners. seconded by Couneilmemm this length of roadway how the safety may be Manager Willis stated that when Hennepin County has a trail plan he will bring it to the Council's attention. Notion carried, four ayes. Mayor Davenport joined the meeting at OA3 p.m. PETITIONS VESTS AND COMMUNICATIONS Councllmember Schneider pointed out that it has been the Council's practice not to approve more than the ordinance maxi. mum 20% lot coverage until the grading is done so it can be determined how much of the natural amenitles are saved. He believes that this request would be a substantial variation Bran that practice and suggested the Council not approve Its Councilmember Crain agreed and added that he sees no reason to go beyond the Council's practice. Greg Ko isehke, Westwood Planning 8 Engineering Co., stated they are lookIng at added lot coverage because of an anticipation that the types of homes are of a higher price range and will Involve larger square footage in the living area and amenities such as triple garages. They are proposing the project in such a way as to preserve natural vegetatton and slopes which result In smaller lots requiring a larger lot coverage. Sohn Pollock, 12805 45th Ave., asked how this development a eo a he development of the future adjoining park to the west. SWAN LAKE 85027) Item B -A HIGHLANDS duly 1, 1"5 Pelta 205 Nana"r Willis answered until land west of this isn't conteiplated until availabilitye that the park will not be developed development occurred. That development after 1990 because of the lack of sewer Couneilowber Schneider stated he doesn't believe the lots on the west side of Larch Place neve been provided with adequate transition to those on the east side. It should be this devel- oper's burden to provide 15,500 sq9 fte lots to provide this. NOTION was made by Counctleember Schneider, seconded by Council - m adber Neils, to adopt RESOLUTION NO. 85-467 APPROVAL OF COIPRE• NENSIVE STAN DEVELOPMENT PLAN AMENDMENT FOR EDITH AND GORDON 3OH? ON (85027). Notion carried on a Roll Call vote, five ayes. NOTION was made by Craincilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 85468 APPROVING RESIDEW TIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR CORDON AND EDITH JOHNSON FOR SWAN LAKE HIGHLANDS (85027). Notion carried on a Roll Call vote, five ayes. NOTION was made by Counciimember Schneider, seconded by Council• m unber Neils, to adopt RESOLUTION NO. 85-469 APPROVING RESIDEN- TIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDI TIONAL USE PERMIT FOR GORDON AND EDITH OONNSON FOR SWAN LAKE HIGHLANDS (65027) (RPUD 8541 changing it to 76 single family lots; adding condition No. 18 as follows: "Delete one lot from Stock 1 so that the minimum lot site of those lots abutting the west side of Larch Place be a minimum of 15,500 sqs ft."; and adding condition No. 19 as follows: "The maximum lot coverage shall be per the ordinance maximum of 204 for all lots"; and delete condition No. 13 and renumber. NOTION was made by Counei lmember CraLn, seconded by Counellmem- ber Schneider, to amend the resolution to revise condition No. 9 to read as follows: "Maximum yard setbacks are& 35 fte front yard= 10 fts side yard; and 20 fts rear yard." Notion to amend carried, five ayes. N*tion as Once amended carried on a Roll Call vote, five eyes. NATION was made by Councilmember Schneider, seeondevi by Ccuncli- miember Neilsb to adopt ORDINANCE N0. 85-16 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS SOUTHWEST OF 45TH AVEM!E NORTH AND LARCH LANE AS R•1A (LOW DENSITY SINGLE FAMILY RESIDENa TIAL) DISTRICT. Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.85-467 MW DEWLUMNT PLAN AMENDMENT 83027) Item 8-A RESOLUTION N0.85-468 SWAN LAKE HIGHLANDS 85027) Item 8-A RESOLUTION N0.85-469 PLANIPLAT a C.U.P. SWAN LAKE HIGHLANDS 85027) Item 8-A ORDINANCE N0. 850*16 MMIRC 1001m, 0" ORDINANCE, 45TH AVE. a LARCH LANE Item 84 July 19 1905 Page 206 MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85-470 SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCA- TED SOUTHWEST OF 45TH AVENUE NORTH AND LARCH LANE (85027) (MPUD d5-2). Motion carrifsd on a Roll Call vote, five ayes. Mr. Kopischke stated that the lots to the east of Larch Place have a comparable buildable lot site to those proposed on their abutting lots He cited other RPMs where he recalled smaller lots abut larger already developed ones. Councilmember Schneider stated that this Is correct, in a few cases, but only when the proposed lots throughout the develop- ment are of a comparable sire. MOTION was made by Councilmember Crain, seconded by ber Neils, to adopt RESOLUTION N0, 85-471 APPROVING VAR'ANCES AND CONDITIONAL USE PERMIT FOR NORTHLAND COMPANY ( 85030) . Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by ber Neils, to adopt RESOLUTION N0. 85-472 APPROVING AND DEVELOPMENT CCONTRACT FOR TYRELL ADDITION FOR HOMES INC. (85037) (RPUD 79-2). Notion carried on a Roll Call vote, four ayes. Counc i lmem- SITE PLAN, MANAGEMENT Councilmem- FINAL PLAT HANS HAGEN MOTION was made by Councilmember Crain, seconded by Councilmem- ber Netls, to adopt RESOLUTION N0, 85-473 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR TYRrLL ADDITION FOR HANS HAGEN HOMES, INC. (85037) (RPUD 79-2). Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION N0. 85-474 ADOPTING ASSESSMENTS, PROJECT NO 545, nrrFRRED STREET AND UTILITIES* PROXCT X14 in the amount of $103,291 32. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded oy Councilmem- ber Neils, to adopt RESOLUTION NO. 85-475 ADOPTING ASSESSMENTS, PROJECT N0. 545, SANITARY SEWER AND WATERMAIN AREA - TYRELL FIRST ADDITInN in the amount of $10,050.00. Notion carried an a Roll Call vote, four ares. RESOLUTION N0.85-470 SETTING EONDITION PUBLICATION OF ORD. REZONING LAND(85027) Item 8-A RESOLUTION! N0.85-471 6 C.U.P. NORTHLAND MANAGEMENT (85030) Item 8-8* RESOLUTION NO. 85-472 FINAL PLAT A BEV= CONTRACT, TYRELL ADDN. (85037) Item 8-C* RESOLUTION N0.85-473 FINAL PLAT, TYRELL ADDA. (85037) Item 8-C'* RESOLUTION N0.85-474 ADOPTING J DEFLHKED ASSESSMENTS STREET 8 UTILITIES PROJECTS 546 8 014 Item 8-C* RESOLUTION N0.85-475 SEWER 8 WATERMAIN PROJECT 545 Item 8-C* sly 1, 1885 Page 207 MOTION was made by Council&%ember Crain, seconded by Counctlmem- ber Nells, to adopt RESOLUTION NO. 65-476 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE rOR ADM COWRACTORS FOR MERRIMAC LANE TOWNHONES (A-265). Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- bee Nells, to adopt RESOLUTION NO. 85-477 APPROVING A CONDITION- AL USE PERMIT AMENDMENT FOR NcDONALD'S CORPORATION (85036) (MPUD 85-1). Notion carried on a Roll Call vote, four ayes. Ken Briggs, harstad-Todd, stated their position is that they don' have any intention of using more than the lots allowed to have more than 20% coverage, but at this time they cannot iden- tify which lots those will be because all homes will be custom built. They would prefer to come to the staff on a lot -by -lot basis for approval. If the Council cannot approve this, they would withdraw their request for lots over the maximum 20% coverage. Mayor Davenport stated that when grading Is completed, they shiwld come back to the Council with those lots for which they want additional coverage identif.ed. Councilmember Crain stated he is concerned with the current siltatlon control, and Mr. Briggs stated he will check on It and see that It Is done correctly. Councilmember Crain also noted that condition No. 18 of the preliminary plat resolution (No. 85-155) apparently could not be satisfied, per the petitioner's request. MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt. RESOLUTION NO. 85-478 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR KINGSVIEW HEIGHTS SECOND ADDI- TION FOR HARSTAD-TODD CONSTRUCTION COMPANY ( 85039) (RPUD 85-1), revising the Development Contract as needed to reflect the con- ditions approved below. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schnelder, seconded by Council - member Craln, to adopt RESOLUTION N0. 85-479 SETTING CONDITIOrtS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR KINGSVIEW HEIGHTS SECOND ADDITION FOR HARSTAD-TODD CONSTRUCTION COMPArWY (85039) (85-1), directing that any reference to other than the ordinance maximum 20% lot coverage be deletedi and con- dition No. 7 (Development Contract No. 14.25) be added as followst "The driveways for all lots adjoining Fernbrook Lane and C.R. 9 shall be located so that the driveways shall be a maximum distance from Fernbrook Lane and C.R. 9." MbtiGn carried on a Roll Call vote, five ayes. RESOLUTION NO.85-476 GUARANTEE RELEASE ABN CONTRACTORS A-265) Item 8-D* RESOLUTION NO.85-477 Mc00NALD' S C(We 85038) Item b -E• FINAL PLAN/PLAT KINGSVIEW HCIGHTS 85039) Iter: 8-F RESOLUTION N0.85-478 CONTRACT, KINGSVIEW HEIGHTS SECOND ADDN. 85039) Item 9 RESOLUTION NO.85-479 KINGSVIEW HEIGHTS SECOND ADDITION 85039) Item 6-F 1I d Page 208 MOTION was made by Councllmember Schneider, seconded by Council- meeber Crain, to adopt RESOLUTION NO. 85-480 ADOPTING ASSESS- MENT. PROSECT NO. $499 SANITARY SEWER AND WATERNAIN AREA KINGSVIEW HEIGHTS SECOND ADDITION in the amount of $122,569.80. Notion carried on a Roll Call vote, five ayes. MOTION was made by Counclimember Crain, seconded by Councilmem- ber Hells, to adopt RESOLUTION N0. 85-461 APPROVING PRELIMINARY PLAT FOR CITY OF PLYMOUTH (85040). Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neilst to adopt RESOLUTION NO. 85-482 APPROVING FINAL PLAT FOR THE CITY OF PLYMOUTH FOR PLYMOUTH PARKVIEW (85040). Notion carried on a Rt -'t Call vote, four ayes. RESOLUTION N0.8S-4813 SEWER 8 WATERMAIN KINGSVIEW NIGHTS SECOND ADDITION Item 8-F RESOLUTION N0.8S-481 PM-1141MARY PLAY" CITY OF PLWWTH SSO40) Item 8 -CN RESOLUTION NOBS -482 F -IME PLAT, CITT W' PLYMOUTH, PLYMOUTH PARKVIEW (85040) Item 8-G• MOTION was made by Councilmember Crain, seconded by Councllmem- RESOLUTION N0.8S-483 bar Neils, to adopt RESOLUTION N0, 85-483 SETTING CONDITIONS TO 8E MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PLYMOUTH FINAL PLAT, CITY OF PARKVIEW FOR THE CITY OF PLYMOUTH (85040). PLYMOUTH, PLYMOUTH PARKVIEW (85040) Motion carried on a Roll Call vote, four ayes. Item 8-G* Clifton Perkins, 12409 Highway 55, stated he makes signs and is Located on a Tighway where a sign in his yard advertising his business wouldn't interfere with neighbors. Mayor Davenport pointed out that the Council is trying to dis- courage expansion of commercial uses along Highway 55, especial- ly in residential areas. Home occupations traditionally have not been allowed signs. Mr. Perkins stated there are other home occupations which have signs. Mayor Davenport stated that if they do, It !s likely illegal. NOTION was made by Councilmember Neils, seconded by Councilmen- RESOLUTION N0.8S-484 bar Schneider, to adopt RESOLUTION NO. 85-484 APPROVING A CONDI- CsU4Pej TIiONAL USE PERMIT FOR CLIFTON 8 GEORGENE PERKINS FOR A HOME GEORGENE PERAIKS OCCUPATION CONDITIONAL USE PERMIT AT 12409 STATE HIGHWAY 55 (85042) 85042). Item 8-H Notion carried on a Roll Call vote, five ayes. NOTION was made by Mayor Davenport, seconded by Councilmember Schneider, to request staff to investigate any known instances of unauthorized signage of approved or unapproved home occupa- tlons. a,rge ZOR Motion carried, five ayes. 3AMes f thweol, attorney vepresenting Ron Myron, stated the pre- UsInarj, pla"t ls in coopliance Frith the City's platting regtela- tions. Staff has Indicated in the report to the Planning Omission that this plat Tweets all legal requirements. The City Attorney has indicated that It is not necessary for the Council to require street access to property that has privat4 drive access to a public street. The Council has already approved a tour lot preliminary plat very similar to the three lot plat before thew now. The problem with that approval is that the Council required dedication of a public road. That is not acceptable to Mc. Myron as it doesn't provide any benefit to his property. He has now wade the road part of an outlat leav- ing three lots which cowiply with all requirements. This post- pones the decision on a road to the future. They believe the Council should approve the plat. Bill Pribble, 17330 19th Ave., stated the Planning Commission W Starr ave recommended, as a matter of planning, that Mr. Myron be required to dedicate a street across his development. He doesn't believe the law is so clear so as to not require pub• He street dedication. The Issue is one of planning. He believes staff and the Planning Commission have made correct recommendations. Councilmma6er Crain pointed out that the creation of an outlot would leave it In control of the Council. Councilmember Vasiliou stated she agreed with the Planning Commission. Mayor Davenport asked what is the most defensible position the Council could take. Attorney Lefler answered that to require dedication of a 60 ftb right-of•way to service one piece of property as a general public benefit, with no development proposed on that property, Is a very difficult burden to bear. The City is in a better position with the private easement providing for access which would come back to the Council when removal frau outlot status Is proposed. The property owner to the north is not damaged. Manager Willis stated that, if the original preliminary plat were to cane back to the Council in the form of a final plat, it would look very much like the plat before the Council tonight. Planner Tremere stated that if this were the final plat, the preliminary plat, which eovld cone back to the Council as a graphic with the final plat, would look like the previously Weaved preliminary plat. Mayor Davenport asked It the City would be giving up their right to require a road It they approved this preliminary plat. V OAKDALE WEST 3RD ADON. REVISED 95M) Item Sol fag e 210 attorney Lefler stated there is a diftereme between dedication 0 rlghtwoP-way and futures possible roadway development. It's not the same as physically taking the property. By not requtr- ing the fareal action of dedication at this time, the City would be protecting•itselt. Extensive discussion ensued regarding the term and content of a resolution wheat+ would address the several concerns. NOTION was %de by Mayor Davenport, seconded by Counciloember Crain* to adopt REMUTION N0. 855485 DENYU4 REVISED PRELINIM NARY PLAT FOR DON MYRON AND AMENDING RESOLUTION N0. 85-1187 85045) directing editorial revi oions to delete Items No. 10 of Resolution No. 06167 and subs ituting language retenming future public right-of-way, but not dedleation; noting noncoo, plianee with the s•jbdivlslon modes; and ailowing reinitiation of the previous prelluLnary plat. Mayor Davenport stated that the Council Is not intending, at this time* to require the dedication of that public right-of-way pending the outcome of future erents. Notion carried on a Roll Call vote, tour ayes. Council to 6 or Vasili0u voted nay. NOTION was made by Counellmenber Crain, seconded by Councilmem- RESOLUTIM NO.aS486 bar Neils, to adopt RESOLUTIal N0. 85466 APPROVING LAND USE rXm m calm PM GUIDE PLAN AMENDMENT FOR TRAMMELL CROW COMPANY IN THE SOUTHWEST AMENDMENT, L CORNER OF Im04 AND COUNTY BOAC 9 (85044) (MPUD 78-1). CROW CO. (85044) Item 8-3* Notion carried on a Roll Call vote, tour ayes. NOTION was made by Councilmeymber Crain, seconded by Counelloem- RESOLUTION ;4.85.487 ber Neils, to adopt RESOLUTION NO. 85487 APPROVING MIXED PLAN- NED UNIT DEVELOPMENT CONCEPT PLAN AMENDMENT FOR TRAMMELL CROW AMENDMENT. TRAMMELL COMPANY (65044) (hPUD 78-1) . CROW CO,, (85044) Item 8-O* Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmeaber Crain, sewded by Councilmem- ORDINANCE N0. 95-17 bar Neils, to adopt ORDINiAKCE N0, 85.17 AMENDING THE ZONING WOM 2WRC Wo ORDINANCE TO CLASSIFY CERTAIN LAND SOUTHWEST OF I-494 AND COUNTY REZONING LAND ROM 9 AS I-1 (PLANNED INDUSTRIAL) DISTRICT (MPUD 78-1). I-494 R C.R. 9 3* Notion carried on a Roll Call vote, four ayes. MOTION was wade by Counellmaember Crain, seconded by Councilmem- RESOLUTION M0.85.488 ber Neils, to adopt RESOLUTION NO. 65488 SETTING CONDITION TO OTINO mum BE NET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED PUBLICATION OF ORD. SOUTHWEST OF I*494 AND COUNTY ROAD 9 (85044) (WQD 78-0. REZONING LAND 650") Notion carried on a Roll Call vote+, Pour ayes. Item BM3* yl. it„ Page 211 NOTION was made by CounclImember Crain, seconded by Councllm mn ber Nells, to adopt RESOLUTION NO. 85-489 APPROVING SVE PLAN AND VARIANCES FOR VANTAGE COMPANIES (85047). Notion carried on a Roll Call vote, four ayes. LOTION was made by Counellsomber Crain, seconded by Couneilmem- ber Neils, to adopt RESOLUTION N0. 85-490 APPROVING SITE PLAN FOR ADVANCE WHINE COMPANY (85W), Notion carried on a Roll Call vote, four ayes. NOTION was made by Counciimember Crain, seconded by Councilmenr- ber Neils, to adopt ORDINANCE N0. 85-18 AMENMING PORTIONS OF ORDINANCE NO. 80-9 ADOPTED JUNE 169 1980, AS AMENDED AND KtY#H AS THE PLYMOUTH MING ORDINANCE. Notion carried on a Roll Call vote, four ayes. Manager Wlills stated that 18th Ave. was recently opened up and Forestview Lane does not currently go through to the north but It is planned that some ti,ae In the future It will. It is not recommended that stop signs be Installed on alt four legs of the intersection considering the low volume of traffic on Forestvlew Lane, 3ay Nelson, 1735 Forestview Lane, stated he doesn't believe the tr4ffLc on 18th Ave. is very heavy either but they travel fast. Councilmember Schneider stated that If the Council approved this without any rationale, they would have many similar requests from other areas of the City. Jim Marshall, 1605 Forestview Lane, stated the stop signs should Te'on 15th Ave. not Forestview Lane. He believes several of the Intersections in the neighborhood are dangerous. Mayor Davenport stated he doesn't believe the stop signs would work as well as the neighbors believe they would. An__d__y_ _Loop 11831 18th Ave., stated there are a number of children wee to the Cm unity Club to play. There is a real problem with the speed of the traffte. He believes they would at least slow down It there were stop signs. Director Moove stated that stop signs .are not an appropriate speed control device and where vehicle operators believe that they are lmproperly located the signs are often ignored. NOTION was made by Counctlmember Schneider, seconded by Counctl- meMber Neils, that the public Safety Department perform radar surveillance of the intersection and that the Council be apprised of the outcomes of this surveillance in three months. Motion carried, five ayes. RESOLUTION N0.85-469 SITE PUN I mom VARIANCES FOR VANTAGE CO. (85047) item 8-K• RESOLUTION NO.65490 MACHINE CO. (85046) Item 8-L ORDINANCE NO, 65-18 ORDINANCE Item A -w STOP SIGN REQUEST FORESTVIEW LANE 6 18TH AVE. Item 8-N r> j ,y 1, 1985 Page 212 MOTION was made by Counciimember Neils, seconded by Counciimem- ber Schneider, to adopt RESOLUTION N0, 85-491 AUTHORIZING PREP- ARATION OF ENVIRONMENTAL ASSESSMENT, LO_ATION/DESIGN STUDY REPORT AND RIGHT-OF-WAY DOCUMENTS, COUNTY ROAD 6/I-494. Notion careled on a Roll Call vote, five ayes. MOTION was made by Councilmenber Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION NO. 85492 AUTHORIZING REQUEST FOR PAYMENT N0. 159 PROJECT N0. 2050 COUNTY ROAD 61/XENIUM LANE IMPROVEMENTS to Veit and Company, Inc. In the amount of 108,988.58. Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION N0, 85-493 AUTHORIZING REQUEST FOR PAYMENT N0. 61 PROJECT N0. 4080 DUNKIRK LANE IMPROVEMENTS to Progressive Contractors, Inc. in the amount of $30,734.97. Notion cirried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION NO. 85-494 RECEIVING REPORT ON IMPROVEMENTS - PROJECT N0. 534, CARLSON CENTER 6TH ADDITION, UTILITY AND STREET IMPROVENENTS. Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION NO. 85-495 ACCEPTING BID, 45TH/ 46TH AVENUE - UTILITY AND STREET IMPROVEMENTS, PROJECT N0. 225 from Northdale Construction Company in the amount of 5150004.50. Notion carried on a Roll Call vote, four ayes. MOTION was made by Cnuncilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION N0. 85-496 ORDERING PUBLIC HEAR- ING ON THE PROPOSED VACATION OF EVERGREEN LANE AND GOLDENROD LANE IN MISSION HILLS PARK 6TH ADDITION to be held August 12, 1985 at 7:30 p.m. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmembar Crainj seconded by Councilmem- ber Neils, to adopt RESOLUTION Nb. 85-497 ADOPTING ASSESSWNT, PROJECT NO. 550, PLYMOUTH EVANGELICAL COVENANT CHURCH to the amount of $11,657.74. Motion carried on a Roll Call vote, four ayes. RESOLUTION N0.85-491 AUTHUR12ING E19 FW C.R. 6/I-494 INTERCHANGE Item 8-0 RESOLUTION NABS -492 C. R . 61 /XENIUM LINE PROJECT 140. 205 Item d -P-1* RESOLUTION NO.85493 REQUEST FOR PAWFRr DUNKIRK LANE PROJECT N0. 408 Item 8-P4* RESOLUTION N0.85494 IMPROVEMENTS, CARLSON CENTER 6TH PROJECT N0. 534 Item 8-Q* RESOLUTION N0.85-495 ACCEPTING DID, 43M 46TH AVE. IMPROVE- MENTS, PROJECT 225 Item 8-R* RESOLUTION N0.85-496 PROPOSED VACATION EVERGREEN a GOLDENROD LANES MISSION HILLS PARK Item 8-S* RESOLUTION N0.85-497 PLYMOUTH EVANGELICAL COVENANT CHURCH PROJECT 550 Item 8-T* L . 3uly 1. Page 213 L _ 1985 Phil Martinson, crow,nIty'rnu6, 7a they do not kiddle rides. 10717 10th Ave.. representing West Medicine Lake stated their celebration Is caning up July 5 - have a carnival as in the past, only a few sinal' Frank Cleave, 1730 Forestview Lane, stated he was encouraged to fir" MaE" ire would not be the noise and music as in previous years. He stated the response from the Police Department to their complaints has been that they would not come out unless they had two or more complaints from the neighborhood. He added that it they do not constantly complain, the situation deterior- ates to the point where the club goes back to their old ways. He mentioned that the club's signs advertise an auction. The Planning Department told him they would check into whether or not this was an approved use, but he wasn't called back. Mr. Martinson stated that the auction was still being planned. Planner Tremere stated auctions are not specifically addressed by the ordinance; they are typically in the some category as retail sales and would not be allowed at this site. This auction, as described, could be viewed as an event of this car- nival, but auctions otherwise are nal allowed. a Nelson, 1735 Forestview Lane, stated the neighbors are con- cerned-'that, the auction could change the ongoing nature of the club. They are happy that the club is moderating its activi- ties. They would like some restriction on the noise amplifica- t len. Councilmember Vasiliou asked why compliance wasn't expected of the club and monitoring of their activities provided. Councilmember Schneider asked what leverage the City would have on the club. Manager Willis answered that the City could look at the problems at the time the club applied for renewal of its non- intoxicating and club licenses. Councilmember Crain stated the club should be put on notice that their license request will be under close scrutiny. MOTION was made by Councilmember Schneider to adopt RESOLUTION HO. 85- AFPROVAL OF AMUSEMENT LICENSE FOR NEST MEDICINE LAKE COMMUNITY CLUB with the addition of condition No. 5 as followst That no amplification of sound of the auction be allowed." Motion died for lack of a second. Counoilsember Crain stated 14e believed it would be difficult to conduct an auction without amplification considering the sur- rounding noise. His concern is more that the auction remain part 00 the carnival and not become a monthly event. AMUSEMENT LICENSE WEST MEDICINE LAKE COMMUNITY CLUB Item $-U 301y 1, 1985 Page 214 MOTION was made by Mayor Davenport, seconded by Councilmember Cralno to adopt RESOLUTION N0. 85-498 APPROVAL OF AMUSEMENT LICENSE, WEST MEDICINE LAKE COMMUNITY CLUB, with the revision of condition No. 2 as follows: "That hours of operation for out- door activities a:e limited to 5-8:00 p.m. Friday, Noon to 8t00 p.m. Saturday, and Noon to 6:00 p.m. Sunday. Indoor activities to be limited to 841 p.m. on Friday, Noon to 11 p.m. on Satur- day, and Noon to 11:30 p.m. on Sunday." Adding condition No. 5 as follows: "The club will be responsible for providing one off duty police officer between 8t00 p.m. and closing each night of the event at its expense." MOTION was made by Councilmember Schnelder, seconded by Mayor Davenport, to amend the resolution that the off duty officer be required between the hours of 9:00 p.m. and closing. Motion carried, five ayes. Motion as once amended carried on a Roll Call vote, five ayes. MOTION was made by Mayor Davenport, seconded by Councilmember Schneider, directing staff to research the activities sponsored by the Club, complaints which have been received, Club efforts to regulate activities, etc. and return to the City Council with a report sometime in August. Notion carried, five ayes. RTS OF OFFICERS, BOARDS AND COMMISSIONS Manager Willis state. that last month the Council directed staff to hire an appraiser to appraise four typical parcels included within the Dunkirk Lane improvement project. Russell Smith Associates, Inc. was hired to conduct appraisals on two parcels proposed to be assessed for curb, gutter, street and drainage and two parcels proposed to be assessed for curb, gutter, and drainage. Last Friday staff received copies of the appraisals stating that the Increased value of the parcels which were appraised, in each instance, justified the amount of the assess- ment. The Special Assessment CommLttee met earlier this evening to review this and their recommendation :s to have the Council adopt the special assessments as levied in the amounts proposed and to amend the roll with respect to the Greenwood Ctirch to defer all but 280 ft., of street, curb, and gutter, for five years or when development takes place, and to correspond with all those who filed written objections advising them of adoption of the roll. ShirIe Chen, 2920 Everest Lane, stated that several of the residents me with the City Manager and Public Works Director on 3une 13. After that meeting they felt they knew more about the special assessments. However, they disagree that fairness is a RESOLUTION N0.8S-498 MMICHT LICENSE WEST MEDICINE COMMUNITY CLUB Item 8-U DUNKIRK LANE ASSESSMENT REPORT Ite?a 9-A ti a Pam 215 owstion which should be Ignored. Many people use Dunkirk Lane and everyone shouid be assessed. She gave examples of several other cities and hoer they deal with stellar asses•aee+ts. She added sAe feet very strongly that th:s is an unfair assesseent. Counciimember Schneider pointed out that the City Is already paying a substantial amount of the cost. Nell Heikkila, attorney for several residents, stated his con corns sere at the appraisals were conducted incorrectly and asked the Council to review them carefully before adopting the col t. Oam" SW# )bj Pastor of Greenwood Chu rchq asked for clarification o Iftelt deferment. Mayor Davenport answered he could get this Information from the Public Works Director. Don Smith, 16404 15th Ave., stated that Chelsea goods should My be Assessed for the curb and gutter as opposed to the street portion which they are being asked to pay. Since none of the townhomes were appraised, were they In fact Increased In value to the extent of their assessment? Manager Willis reap+ the appralsers valuations for the four parcels before and after the Improvements. Councilmembers Cr4in and Vdsiliou stated they would like more time to review the appraisals. Attorney Lefler stated that once the appeals had been perfected the Cit.would not make Its appraisals available except by way of reference until the time of trial. He stated he is not overly concerned as he has confidence In the appraisals. He would prefer that they not be released although the particular parcels may or may not be part of the appeal. MOTION was made by Mayor Davenport, seconded by Councilmember Crain, to defer adoption of 0assessment roll until the wet - Ing of 3uly IS. Notion carried, five ayes. Finance Director Ricker stated ha was trying to convey to the Council, information relative to eche City's entire Insurance pro. gram, the insurance market, the different risks the City must cover, the spectrum of things they deal with on a tally basis, and the problem sf determining which risks should be covered. He reaomnded that the Council give approval to the establish- ment of a risk management committee to determine those risks and insure the appropriate amount of insurance is kept to cover those risks. 1985.86 INSURANCE FROCRAM UPDATE Item 9.8 anly 1, 1989 Page 2% Don Ku llc, Kraus Anderson Insurance Agency, explained the prom Posed POLICY* Discusslon followed on the scope of the Itability covered. MOTION was made by Councilmewber Schneider, seconded by Council - amber Neils, to adopt RESOLUTION NO. 85499 ADOPTION OF RISK MANAGEMENT POLICY. Notion carried on a Roll Call vote, five ayes. Mayor Davenport stated some of the neighbors have stated their displeasure with the nolse from Highway 101 and leis is why they've requested a fence be Installed. He doesn't believe the fence would solve the graffiti problem, so he supports the planting of Ivy but not a fence. NOTION was made by Councilmemher Schneider, seconded by Council - member Neils, to request permission to plant ivy at the top of the wall without fence Lnstallattans Notion carried, five ayes. Director Moore stated Mrs. Krekelberg verbally complained about the assessment sane time ago- The correction wasn't made because Mrs. Krekelberg never stated in writing that bho wanted the sewer assassment removed and would accept the next asbcfs- tmmet. NOTION was made by Councilmember Schneider, seconded by Council- me6er Craln, to adopt RESOLUTION N0. 85-500 REDUCTION OF SPECIAL ASSESSMENTS, LEVY N0. 7655. Notion carried on a Roll Call vote, five ayes. Mayor Davenport suggested a board tit at least three Interview applicants In the absence of some of the Council so as not to delay the process of filling hoarl and commission vacancies. The entire Council would conduct that interviews if possible. It was determined that interviews for the FRAC and (Nest Hennepin Hwmn Services openings would take place on Duly 9 beginning at 400 p.m. The interviews for consultant selection for the Parker's Lake City Park would take place on Ouly 16 beginning at 6100 p.m. The meeting adjourned at 100 a.m. RESOLUTION N0.8S•499 1113R WORMIff POLICY Item 9-8 HICHW.AY 101 WALL Item 9-C DOROTHY KREKELBERC ASSESSMENT Item 9-D RESOLUTION HO.oS-4Q REDUCTION, LEVY N0. 7655 Item 9-D SET INTERVIEW DATES FRAC, WEST HENNEPIN HUMAN SERVICES, AND PARKER'S LAKE CONSULTANT Item 9-E