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HomeMy WebLinkAboutCity Council Minutes 09-09-1985 Special0 SPECIAL COUNCIL MEETING SEPTEMBER 90 1985 A speolal meeting of the Plymouth City Council was called to order by Mayor Davenport at 7195 p.me, in the City Council Chambers of the City Center at 1400 Plymouth Boulevard 'on September 9, 1985 PRESENTt Neyor Davenport, Counoilmembers Schneider, Crain, Neils and Vasillou, Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Planning Director Tremere, Park and Recreatioir Director Blank, City Attorney Lefler, and City Clerk Houk ABSENTt -None PRESENTATIOWooftNS Mayor Davenport presented plaques to George Shoffnet for his work on the Communications Task force; to Eileen Norar, former Executive Director of the Northwest Hennepin Noon 'Fervices CouncilM Ellie Ogden, Former representative to the West Hennepin Human Services Planning Boardl and Mark Fuhrmann, former Dirso- for of Planning for Medicine Lake Lines. CONSENT AGENDA NOTION was Stade by Councilmember Schneider, seconded by Council- member Vaslliou, to adopt the consent agenda deleting items 849 8•G, 844, and 844 and I. Mayor Davenport stated he was moving Item 9•D to be dlseuseed after Item 8•B on the agenda. Notion carried on a Roll Call vote, five ayes. MINUTES MOTION was trade by Counellmember Schneider, seconded by Counell- member Vasillou, to adopt the minutes of the special Council meeting of August 261 1985 as submitted. Motion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Director Noose stated this project is to Improve Olive Lane from 14th Ave% to C%R% 6 at the request of Oohtt Schuett. The ImprovolAent includes extending the sanitary sewer, wetermain extension to properties on both sides of the street, connections from exIst,ing storm aewer line, and Improvement of the street to PRESENTATIONS Item 4 CONSENT AGENDA Item 5 MINUTES - SPECIAL MEETING OF AUGUST 26, 1985 Item As PUBLIC HEARING PR03ECT NO, 542 Item 7•A 11 A r MINUTES SPECIAL COUNCIL MEETING SEPTEMBER 90 1985 A speolal meeting of the Plymouth City Council was called to order by Mayor Davenport at 7195 p.me, in the City Council Chambers of the City Center at 1400 Plymouth Boulevard 'on September 9, 1985 PRESENTt Neyor Davenport, Counoilmembers Schneider, Crain, Neils and Vasillou, Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Planning Director Tremere, Park and Recreatioir Director Blank, City Attorney Lefler, and City Clerk Houk ABSENTt -None PRESENTATIOWooftNS Mayor Davenport presented plaques to George Shoffnet for his work on the Communications Task force; to Eileen Norar, former Executive Director of the Northwest Hennepin Noon 'Fervices CouncilM Ellie Ogden, Former representative to the West Hennepin Human Services Planning Boardl and Mark Fuhrmann, former Dirso- for of Planning for Medicine Lake Lines. CONSENT AGENDA NOTION was Stade by Councilmember Schneider, seconded by Council- member Vaslliou, to adopt the consent agenda deleting items 849 8•G, 844, and 844 and I. Mayor Davenport stated he was moving Item 9•D to be dlseuseed after Item 8•B on the agenda. Notion carried on a Roll Call vote, five ayes. MINUTES MOTION was trade by Counellmember Schneider, seconded by Counell- member Vasillou, to adopt the minutes of the special Council meeting of August 261 1985 as submitted. Motion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Director Noose stated this project is to Improve Olive Lane from 14th Ave% to C%R% 6 at the request of Oohtt Schuett. The ImprovolAent includes extending the sanitary sewer, wetermain extension to properties on both sides of the street, connections from exIst,ing storm aewer line, and Improvement of the street to PRESENTATIONS Item 4 CONSENT AGENDA Item 5 MINUTES - SPECIAL MEETING OF AUGUST 26, 1985 Item As PUBLIC HEARING PR03ECT NO, 542 Item 7•A 11 A o v 0 o a, J6 foot width, except at C.R. 6 where it will be widened for turning lanes. The estimated cost is $132,745 which will be assessed againbt the two properties equally. The approving resolution is conditioned on the property owners agreeing to provide the City with a finsnulal guarantee to cover the costs of pcepsring final plans and specifications as one of the properties has a potential buyer. Mayor Davenport opened the hearing at 7155 p.m. Paul Dunn, (181ch Companies, prospective buyer of one property, stated It !s their Intention to acquire the property to develop shopping center which would include a Red Owl, Snyder Drug, and other special shops, and asked the timing of the Improve- ments. y Director Moore answered that he would recommend that the project not proceed until there is an agreement with both property owners on the payment of the assessment. Construction, could begin within 45 days If an agreement is reached. Oohn Schuett, 1205 Tamarack Drive, representing the other elieM property owner, stated he favored the Improvements but asked that the commercial use be considered for more of the assessment as their use Is residential. Mayor Davenport stated the Special Assessment Conmit:ee could review the alkocation of the assessments. The Mayor closed the hearing at et00 p.m. MOTION was made by Councilmembet Neils, seconded by Councilmem- RESOLUTION N0.85454 bar Crain, to adopt. RESOLUTION NO. 65454 ORDERING IMPROVEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS, OLIVE LANE OLIVE LANE FROM COUNTY ROAD 6 TO 14TH AVENUE NORTH, PR03ECT N0., 542. PR03ECT NO. 542 Item 7•A Motion carried on a Roll Call vote, four eyes. Mayor Davenport abstained. Manager Willis stated he had discussed the proposed expansion PUBLIC HEARING - and modification of Development District No. 3. The original PROPOSED EXPANSION plan provided for a development district which would assist in DEV. DIST. N06 3 financing the construction of 1Oth Avenue and the County Road 15 Item 7-8 frontage coed. The proposed expansion of the district would provide for the inclusion of 6th Avenue east of PIneview Lane. Only commercial/industrial property would be planned for inclus ion in a subsequent tax increment district. Mayor Davenport opened the public hearing at StO3 p.m. it 0 rich' IketIng gted er 9, 1 e3 . vb 0 U No, one chose to speak ind the hearing was closed at $ 03 p.m. Couneiloember Crain stated the property tax revenue woudi be deferred for WIS years and he questioned how much commercial/ Industrial land is being tied up in this eAnner. Nsnager Willis answered that in teras of economic development• distrimij,, the law is a oaxion of 8 years. In the cases Plymouth'has had before, the Counel.l has indicated they would tie up (he value for no longer than is required to finance that portion of the development to recover the cost plus -the special assessments. The tax Increment financing provides a means to develop public streets which othhrwise could not be financed by special assessments. NOTION was made by Couneilmember Schneider, seconded by Mayor Davenport, to adopt RESOLUTION NO. 85• APPROVINd AN EXPANSION OF OEVELOPfENT DISTRICT N0. 3 AND ADOPTING AN AMENDED DEVELOP- MENT PROGRAM THEREFOR. Motion failed on a Roll Call vote, two ayes. Cc,mcilmembers Vasillou, Craln, and Neils voted nay. Mavlat :r Kills stated this re;, .alit is from Turck Multiprox, Inc. for $2,8009000 of Industriai De,elopment Revenue Bond financing. The Company is presently located a' 9724 10th Are6 and the proposed building would he In the Northwest Business Campus. Aftur vvtetxLng the proposal, he is recommending 3000000 less than the requested amount which was proposed to cover the purcha:e of equi ment. The company has found addi- tional IVR9 financing from the "ity of Golden Valley which would necess,ttate the City of Plyroutt entering into a joint purchase agreement to transfer the finds. Mayor bavenpart opened the pub;le hearing at 800 p.m. Peter Kunk, R0 Wedgewood Lane, stated the ocppany was started 10 y.:ers ago as a distributor and began manufacturing at the pre- mont location 4 y(ears ago, and today 334 of their total sales are manufactured here. They want to expand this to approximate- ly 30t. This would create about SO jobs in addition to the SO present employees. Counellmember Schneider asked about the $30Q,000 for equipment which was included in the request, stating the Council had not In the past approved equipment unless it was a part of the building. He added that the Co«ncil would like some showing of equity In the financing. Mr. Kuck stated their equipment consisted of speclarllied machines to make small metal parts but It would be removable. 0 n PUBLIC HEARING - TURCK MULTIPROX IORB REQUEST Item /•C t1 1 Septaber 9, 1986 9I+s O'Meara, attorney for Turck Multiprox, Inc., stated the City or Golden VdLley has io)reed to provide $1,800,000 of IORB finan- cing. Mayor Davenport closed the nearing at. W23 p.m. MOTION was made by Councilmembtr Sch(iolder, seconded by Ceuncil- giber Neils, to adopt RESOLUTION M0. 85455 GIVING PRELIMINARY APPROVAL TO A PROSECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPKENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPART. MENT OF ENERGY AND ECONOMIC OEVELOPMENT FOR APPROVAL AND AUTHOR- IZING PREPARATION OF NECESSARY DOCUMENTS amending the approved amount to $205000000. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85456 APPROVING 30ING POWERS AGREEMENT WITH THE CITY OF GOLDEN VALLEY WITH RESPECt TO INDUSTRIAL DEVELOPMENT REVENUE BOND ENTITLEMENT ALLOCATION. Notion carried on a Roll Call vote, five ayes. PETITIQNS, REQUESTS AND COMMUNICATIONS Manager Willis explained that the City has limits on the amount of Industrial Development Revenue Bonds it may issues $30900,000 was allocated for 1985 of which $1,978,671 remains unallocated. The law requires the City to use this and the City has deposited 15 of the remainder with the state to retain the allocation. The City has one additional request for funding from Ogle/Sheehy which will be heard at the meeting of September 16. Although preliminary approval is required from the City, Ogle/Sheehy intends to go to the state pool for Its financing. Nathan Lane Associates, who received preliminary approval previously, has also stated they may go to the state pool. 'he Council should dlsouss whether they want to alltjate any of the remaining funds to Nathan Lane Associates. Discussion was held on how many petitioners the City had, how those petitioners could finance their projects if they did not receive IORB's, and the possibility of private financing. Ramalh__ McGinley, representing Nathan Lane Associates, stated th"al current plans are similar to those the Council approved last Deoember. They cannot go to the state pool until the City's money is used up. Short of finding another city to give their allocation to them, they will be asking Plymouth for all of their remaining allocation and the support to go to the Rate pool to finance the rest of their project. RESOLUTION N0.854515 PHLLIJUMPT VM TORE REQUEST, TURN NULTIPROX, INC. Item 7-C RESOLUTION KaS5456 POWERS WITH GOLDEN VALLEY ON TORO ALLOCATION FOR TURCtt NULTI°ROX, INC. Item :-C DISCUSSION OF INDUSTRIAL DEVELOPMENT REVENUE BOND ALLOCATIAN Item 8-A September 9, 1985 a , Pegp 285 counclimewber Schneider asked if they would go ahead with the project It they could only get the $1,900,000 from the City and privately fund the balance. Marshall SieMei, partner in Nathan Lane Associates, stated their ne'xf c o ce would be to go to the pool and, it they were unsuc- cessful therep they would find private sources. Discussion continued on how to allocate the City's remaining funds. Not. McGintey stated their concern with splitting the remaining funds between two or more applicants rias that of timing. None of the applicants would be able to apply for state pool funds until all of -the City's allocation was expended. If one project was held up, they all would be. Mayor Davenport stated he favored giving Nathan Lane Associates the remaining funds. Councilmembers Neils and Schneider agreed. MOTION was made by Councilmember Schneider, seconded by Council - member Hells, that the remaining amount be allocated to Nathan Lane Associates; that staff be directed to assist Nathan Lane Associates and Turck Multiprox, Inc. In expediting the financing of their projects; and bring to the City Council the final approving resolutions as soon as possible. Motion carrled, four ayes. Councilmember Vasiliati abstained. NOTION was made by Councilmember Crain, seconded by Councilmemi RESOLUTION N0.950657 bar Neils, to adopt RESOLUTION N0. 85-657 APPROVING LOT CONSOLILOT CONOMATIM DATION FOR BERT BISBEE, PLYMOUTH C.W. FOR LEARNING TREE DAYCARE LEARNING TREE CENTER (85068). DAYCARE (85068) Item 8-B Notion carried on a Roll Call vote, five ayes. NOTION was made by Councllmember Crain, seconded by Councilmem- RESOLUTION N0.85458 bar Neils, to adopt RESOLUTION NO. 85458 APPROVING A SITE PLAN, SITE PLAN, C.P.P. ' CONDITIONAL USE PERMIT, VARIANCE AND SETTING CONDITIONS TO BE VARIANCE A SETTING MET FOR LOT CONSOLIDATION FOR BERT BISBEE, PLYMOUTH-C.W. FOR CONDITIONS, LLARNING LEARNING TREE DAYCARE CENTER (85068). TREE DAYCARE (85066) Item 8-B Notion carried on a Roll Call vote, five ayes. MOTION was made by Counci:member Schneider, seconded by Councll- RESOLUTION NOM 460 member Vasiliou, to adopt RESOLUTION N0. 8$460 APPROVING LOT CUT DIVISION DIVISION FOR THERESA AND WILLIAM HILL FOR PROPERTY AT 5415 PINE• THERESA a WM. HILL VIEW LANE (65L69). (85069) Item 8-C• Motion carried on a Roll Call vote, five ayes. r'r 6 4 Special Council Meeting September 90 1985 Page 266 MOTION was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION NO. 85-661 SETTING CONDI- TIONS TO BE NET PRIOR TO FILING AND REGARDING LOT DIVISION AND APPROVING VARIANCES FOR THERESA AND WILLIAM HILL (85069). Motion carried on a Roil Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by member Vasiliou, to adopt ORDINANCE N0. 85-25 AMENDING ING ORDINANCE TO %XASSIFY CERTAIN LADS AT 5415 PINEVIEW R -IA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) UISTRICt. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO.85-661 LOT DIVISION THERESA 8 WM. HILL 85069) Item 6-C* Council- ORDINANCE N0. 85-25 TKE ZON. AMENDING ZONIRrMs LANE TO 5415 PINEVIEW LANE Item 8-C• MOTION was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85-662 SETTING CONDI- TION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED AT 5415 PINEVIEW LANE (85069). Motion carried on a Roll Call vote, five ayes. Councilmember Schneider asked for clarification of condition 5 of the approving resolution. Carlos Hoodd$e, Prudential Insurance Co., stated they are prepared to have the WUO plan revert to its current zoning status if the proposed conference center doesn't go forward; however, they anticipate construction to start in 3-inlriry or February, 1986. They agree the northerly site is not well sulted to a general commercial motel or hotel. IDTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 85-663 APPROVING CONDI- TIONAL USE PERMIT AMENDMENT FOR PRUDENTIAL INSURANCE COMPANY FOR REVISIONS TO APPROVED MPUD PLAN FOR "NORTHWEST BUSINLSS CAMPUS" 65080) (MPUD 81-1) changing condition No. S to read as follows: In approving this Amendment to the Mixed Planned Unit Develop- ment Plan, the Council takes note of the Concept as set forth by Prudential !or the conference center; and, if after one year a building permit has not bee issued for the conference center, this approval will be null and void and the MPUD plan will revert to the pre -amendment status." Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council- wiember Vasiliou, to adopt RESOLUTION N0. 85-664 REAFFIRMING APPROVAL OF SI" PLAN FOR WOODBRIDGE PROPERTIES FOR SCOVILLE rfZSS (82062). Mott, n carried on a Roll Call vote, five ayes. RESOLUTION N0.8S-662 SETTING CONDITION AMENDING ZONING ORD, 5415 PINEVIEW LANE Item 8-C• RESOLUTION 40685463 PRUDENTIAL INS. CO. NORTHWEST BUSINESS CAMPUS (85080) Item 8-D RESOLUTION N0.85-664 SITE PLAN, SCOVILLE PRESS (82062) Item 8-E* i Special Council Meeting September 90 1985 Page 287 NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85465 giber Vasiliou, to adopt RESOLUTION NO. 65-665 APPROVING VARI- ANCES FROM THE SUBDIVISION CODE FOR EXISTING •PLATTED LOT FOR VARIANCE, CARLSON CARLSON COMPANIES (85090). COIPANIES (85090) Item 8-F* Motion carried on a Roil Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION M0.85-666 member Vasiliou, to adopt RESOLUTION N0. 85-666 SETTING CONDISETTING MITION9 TIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR CODE VARIANCE CARLSON PROPERTIES (85090). CARLSON COIPANIF.S 85090) Notion carried on a Roll Call vote, five ayes. Item 8-F* Councilmember Crain stated he didn't see any unique reasons to C.U.P. AMENDMENT allow the variance from the setback and was concerned that it REQUEST ARTHl111 8 would set a precedent. He does not favor the approval. MARILYN ZENZEN 85079) Councilmember Neils stated she believed there was a topographl- Item 8-G cal problem because of the steep drop behind the house. Art Zenzen, 3975 Balsam Lane, stated the reason he cannot turn TR porch to reduce the setback variance Is that there is a large picture window in the way. He stated any other home owner In the development would be able to build the exact structure without needing a variance and pointed out the reasons why his situation is unique, including the shape of the house and its Position on the lot. Councilmembers Neils and Schneider pointed out that the terrain Is a problem, a isable deck should be at least 12 feet square, there are no neighbors behind the house as It slopes down to a park and not to neighboring lots, and after construction of the deck the structure would not exceed 20% lot coverage. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-667 member Neils, to adopt RESOLUTION N0. 85-667 APPROVING A CONDI- APPROVING CoU77 TIONAL USE PERMIT AMENDMENT FOR ARTHUR AND MARILYN ZENZEN TO AMENDMENT, ARTHUR 8 ALLOW FOR REDUCED REAR YARD SETBACK WITHIN THE MISSION HILLS MARILYN ZENZEN RPUD (65071) adding a condition No. 4 to read as followsc "The 65071) amendment is based upon the findings that there is a terrain Item 8-G condition unique to this lots a 12 fts dimension is reasonable for a deckl the window presents a design constraint that renders relocation of the deck unreasonable: and the overall lot cover- age will not exceed 205." Notion carried on a Roll Call vote, four ayes. Councilmember Crain voted nay. S•w rtdl'Crbdncil MeetihQ 6ptember j Ron Haekenk` , 025 Quantico Lane, a owo {ve A" 1,000 sq. fto garages in his neighborhood, and surae neighbors' garages. He needs drIV6 "pull trucks" which are on parked in front of the house* stated he feels he should be garage as there are large he furnished dimensions on the garage for his 4 -wheel trailers and are currently Larry kgrofs , Chairman of the Board of Zoning, stated that it e garage were attached to the house it could be built and pointed out that, per the ordinance, the wider the lot, the larger the allowable garage site. He suggested the building aIze should be proportional to the total lot size. The Board's problem was the Interpretation of the ordinance as to the use of required rear yard to not allow a garage this large on this par- ticular lot. Planner Tremerb stated the ordinance would allow an attached garage without any limit on its size, but it must be within ordinance setbacks and the total ground coverage limits of the ordinance. He pointed out that none of the garages Mr. Naekenkamp gave as examples were as large as his proposal. MOTION was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85-668 DENYING APPEAL BY RONALD HAEKENKAMP OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, member Crain, that the Planning Commission provisions regarding determination of area garages as renommended in the September 5, dum. Motion carried, five ayes. seconded by Council - study the ordinance of private detached 1985 staff ow ran - MOTION was made by Councilmember Schneider, seconded by Counail- eember Neils, to adopt. RESOLUTION NO, 65469 REQUEST FOR PAYMENT 140. 2 AND FINAL, PROSECT N0. 2100 WELL N0. 7 - RADIO TELEMETRY SYSTEM to Ridgedale Electric, Inc. in the amount of $10,825.78. Motion carried on a Roll Call vote, five ayes. Councilmember Vasiliou stated there is a standing water problem on Everest Lane and doesn't believe the payment should be made to the contractor until the problem is corrected. BOARD OF ZONING APPEAL RONALD HAEKENKAMP Item 8-N RESOLUTION 10.85468 DENYING =0 Ur" ZONING APPEAL RONALD HAEKENKAMP Item 8-N RESOLUTION N0.85-669 REQUEbT IM PAYMENT NO, 2 • FINAL WELL N0. 7 Item 8-I-1 drAl; fsting , September 9t, 19*5, U 1 • POP 20 T , O J O l` d Oiroetor Moore stated that there were water problems in this area before the construction of Dunkirk Lane. Some corrections were attempted, but they haven't worked. Now an intake at the property lane will be Installed to take care of this. The pro - Sect was built according to the specifications. Councilmember Schneider pointed out that, if the contractor built the, street according to the specifications, he should be paid. MOTION was made by Councilmember Schneider, seconded by Council - w *er Crain, to adopt RESOLUTION N0. 85470 AUTHORIZING REQUEST FOR PAYMENT NO. 79 DUNKIRK LANE IMPROVEMENTS to Progressive Con- tractars, Inc. in the amount of $120,161.59. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Vasillou, to adopt RESOLUTION NO. 85-671 APPROVING CHANGE ORDER N0. 1. 1985 STREET IMPROVEMENTS, PROJECT 404, HADLEY WOODS. Notion carried on a Roll Call vote, five ayes. Councilmember Crain ateted his concern that these are substan- tial change orders ralative to the size of the contract. Director Moore stated the cost is 100% paid for by the developer who is asking the City to proceed. MOTION was made by Councilmember Schnelder, secooded by Council - member Moils, to adopt RESOLUTION ND, 65472 APPROVING CHANGE ORDER N0. 1, 1985 UTILITY 1ND STREET IMPROVEMENTS, PROJECT N0. 530 adding $56,653.50. Motion carried on a Roll Call vote, five ayes. Director Moore staffed that normally this wouldn', be asked for with a change order but currentAy there are four contractors working on City projects in the area who could perform thn worm. Proposals were obtained from all four. He feels it is more beneficial to go with one of the contractors on the slte. NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 65473 APPROVING CHANGE ORDER N0. 2, COUNTY ROAD 61 SOUTH OF COUNTY ROAD 15, PR03ECT N0. 216, CARSON CENTER 6TH ADDITION, PROJECT NO. 534 adding 134,049.65. Notion carried on a Roll Call vote, five ayes. RESOLUTION NO.85470 N0. 79 OUN KIRK LANE IMPROVEMENTS Item 8-I-2 RESOLUTION N0.85-671 1985 STREET IMP. PROJECT N0. 404 Item 84-10 RESOLUTION N0.85472 WNGE WMR NO. 7' 1985 STREET IMP. PROJECT N0. $30 Item 8-3-2 RESOLUTION N045473 CMANM OR 90a 2 PROJECT 216 AND PROJECT 534 Item B -J-3 0 J J Oiroetor Moore stated that there were water problems in this area before the construction of Dunkirk Lane. Some corrections were attempted, but they haven't worked. Now an intake at the property lane will be Installed to take care of this. The pro - Sect was built according to the specifications. Councilmember Schneider pointed out that, if the contractor built the, street according to the specifications, he should be paid. MOTION was made by Councilmember Schneider, seconded by Council - w *er Crain, to adopt RESOLUTION N0. 85470 AUTHORIZING REQUEST FOR PAYMENT NO. 79 DUNKIRK LANE IMPROVEMENTS to Progressive Con- tractars, Inc. in the amount of $120,161.59. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Vasillou, to adopt RESOLUTION NO. 85-671 APPROVING CHANGE ORDER N0. 1. 1985 STREET IMPROVEMENTS, PROJECT 404, HADLEY WOODS. Notion carried on a Roll Call vote, five ayes. Councilmember Crain ateted his concern that these are substan- tial change orders ralative to the size of the contract. Director Moore stated the cost is 100% paid for by the developer who is asking the City to proceed. MOTION was made by Councilmember Schnelder, secooded by Council - member Moils, to adopt RESOLUTION ND, 65472 APPROVING CHANGE ORDER N0. 1, 1985 UTILITY 1ND STREET IMPROVEMENTS, PROJECT N0. 530 adding $56,653.50. Motion carried on a Roll Call vote, five ayes. Director Moore staffed that normally this wouldn', be asked for with a change order but currentAy there are four contractors working on City projects in the area who could perform thn worm. Proposals were obtained from all four. He feels it is more beneficial to go with one of the contractors on the slte. NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 65473 APPROVING CHANGE ORDER N0. 2, COUNTY ROAD 61 SOUTH OF COUNTY ROAD 15, PR03ECT N0. 216, CARSON CENTER 6TH ADDITION, PROJECT NO. 534 adding 134,049.65. Notion carried on a Roll Call vote, five ayes. RESOLUTION NO.85470 N0. 79 OUN KIRK LANE IMPROVEMENTS Item 8-I-2 RESOLUTION N0.85-671 1985 STREET IMP. PROJECT N0. 404 Item 84-10 RESOLUTION N0.85472 WNGE WMR NO. 7' 1985 STREET IMP. PROJECT N0. $30 Item 8-3-2 RESOLUTION N045473 CMANM OR 90a 2 PROJECT 216 AND PROJECT 534 Item B -J-3 0 prat 10V Aii . _ eung SeFtember 9$ 1985 Page 290 MOTION Was made by Councilmember Schneider, seconded by Councll- Member Vasiliou, to adopt RESOLUTION NO. 85-674 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, PROJECT N0. 2169 COUNTY ROAD N0. 619 Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85-675 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, PROJECT N0. 225, 45TH - 46TH AVENUE. Notion carried on a Roll Call vote, five ayes. NOTION Was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION NO. 85-676 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, P903ECT N0. 2469 CARLSON CENTER ADDITION. Notion carried on a Roll Ci.11 vote, five ayes. NOTIUN was made by Councilruember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85-677 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR PROJECT We. 4599 ISAIAH ACDITION. Notion carried on a Poll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85-678 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR PROJECT N0. 501, (&EN EC0 PONDS 2ND ADDITION AND ADJACENT AREA. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, saconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85-679 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, PROJECT N0. 503, 53RD AVENUE/NATHAN L,';E/SCHERER INDUSTRIAL DEVELOPMENT AND ADJACENT AREA. Notion carried on a Roll Call vote, five ayes, NOTION Was made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION N0. 85480 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION L PROPOSED ASSESSMENT, PROJECs' NO. 504, 47TH AVENUE ADJACENT TO TAMNIF., MTDDLENIST ADDI- TION. Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.8S-674 ORDERING ASSESSMENT PROJECT N0. 216 C.R. We 61 Item 8-K-1• RESOLUTION M0.85-675 ORDERING ASSESSMENT PROJECT NO., 225 45TH -46TH AVE. Item 844• RESOLUTION N0.85-676 ORDERING ASSESSMENT PROJECT N0. 246 CARLSON CENTER ADON, Item 8-K-3• RESOLUTION N0.85-677 ORDERING ASSESSMENT PROJECT N0. 459 ISAIAH ADDITION Item 8-K-4* RESOLUTION N0.85-678 ORDERING ASSESSMENT PROJECT NO. 501 GLEN ECHO PONDS Item 8-K-5* RESOLUTION NO.85-679 ORDERING ASSESSMENT PROJECT N0. 503 53RD AVE./NATHANi SCHERER DEV., Item 84-6• SOLUTION N0.85480 ORDERING ASSESSMENT PROJcCT N0. 504 47TH AVENUE Item 844* I Special O mels Meeting September 9, 1965 Page P91 NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85481 member Vasiliou, to adopt RESOLUTION N0. 85-661 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ORDERING ASSESSMENT PR03ECT N0. 5059 XENIUM LANE. PR03ECT NO. 505 XENIUM LANE Notion carried on a Roll Call vote, flue ayes. Item eftr-8* NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-682 member Vasiliou, to adopt RESOLUTION N0. 85-682 DECLARING COST DECLARING COST & ' TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ORDERING ASSESSMINT PR03ECT N0. 5099 NIAGARA LANE. PROXECT We 509 NIAGARA : kNE Notion carrled on a Roll Call vote, five ayes. Item 84-9* NOTION was mads: by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-683 member Vasiliou, to adopt RESOLUTION N0. 85-683 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ORDERING ASSESSMENT FOR 1984 WEED ERADICATION AND DESTRUCTION CHARGES, ROLLS 3 AND 1984 WEED 4. ERADICATION Item 8-K-10* Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schnelder, seconded by Council- RESOLUTION N0.85484 member Vasiliou, to adopt RESOLUTION NO. 85-684 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASbES.WNT OP,OERING ASSESSMENT FOR 1985 WEEK ERADICATION AND DESTRUCTION CHARGES, ROLLS 1 AND 1985 WEED 2. ERADICATION Item 8-K-11* Notion carried on a Roll Call vote, five ayes. NOTION was made by Cou,:ilmember Spaneider, seconded by Council- RESOLUTION N0.85485 member Vasillou, to adopt RESOLUTION N0. 85-665 DECLARING COST DECLARING COST I TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ORDERING ASSESSMENT FOR 1985 REMOVAL 0! DISEASED TREES. DISEASED TREES DELINQUENT UTILITIES STREET LIGHTING Item Motion carried on a Rolt Call vote, five ayes. NOTION was made by Councilmembsr Schneider, seconded by Council- RESOLUTION N0.85486 member Vasiliou, to adopt RESMA:'iION N0, 85-686 DECLARING COST UEUM114G MST 1k ' TO BE 1.SSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ORDERING ASSESSMENT FOR ANHURST 3RD ADDITION - INTEREST 0164 CEFERRED PRINCIPAL. ANHURST 3RD ADDN. DEFEP.RED ASSESSMENT Notion carried on a Roll Call vote, five ayes. Item 8-K-13* WTION was made by Counellmember Schneider, seconded by Council- RESOLUTION N0.85487 member Vasiliou, to adopt RESOLUTION N0. 85-687 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ORDERING ASSESSMENT FOR DELINQUENT WATER, SEWER AND STREET LIGHTING AND ANNUAL DELINQUENT UTILITIES STREET LIGHTING FOR UNIMPROVED PARCELS. Item 8-K-14* Notion carried on a Roll Call vote, five ayes. 5peaal Council Meeting September 99 1985 Page 292 NOTION war made by Councilmember Schneider, seconded by Council- RESOLUTION N0..65-668 member Vasiliou, to adopt RESOLUTION N0,, 85-688 ORUERINC HEARING ORDERING HEM= ON PROPOSED ASSESSMENT, PROJECT N0. 216, COUIITY ROAD N0. 61 for PROJECT N0. 216 October 7, 1985 at 7:30 pe0q C.R. 61 Item 8-L-1* Notion carried on a Roll Call vote, five ayes. NnTION was wade by Councilmmber Schneider, seconded by Council- RESOLUTION N0.85-689 amber Vasiliou, to adapt RESOLUTION NO. 85-689 ORDERING HEARING ON PROPOSED ASSESSMENT, 1ROJECT N0. 2469 CARLSON CENTER ADDITION PROJECT N0. 246 for October 7, 1985 at 7:30 p.m. CARLSON CENTER ADDN. Item 844* Notion carried on a Roll Cd11 vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Cour:cil- RESOLUTION N0.85-690 membor Vasiliou, to a opt RESOLUTION N0, 85-690 ORDERING HEARING t ON PROPOSED ASSESSMENT, PROJECT N0. 225, 45TH/46TH AVENUE for PROJECT 00. 225 October 7, 1985 at 7:30 p.m. 45/46TH AVENUE Item 8-L-3* Motion carried on a Roll Call vote, five ayes. MOTION was made by Cov.%ellmetnber Schneider, rpconoed by Council- RESOLUTION N0.85-691 member Vaslliiu, to adopt RESOLUTION NO. 85-631 ORDERING HEARING ORDER114G HEARING ON PROPOSED ASSESSMENT, PRO:IECT NO. 459, I:;'10 ADDITION for PROJECT N0, 439 October 7, 1985 at 7:30 p.m. ISAIAH AbJ:TION Item 8-L-4* Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-692 member Vasiliou, to adopt RESOLUTION NO. 85-692 ORDERING HEARING ORDERING HEXRIAG ON WIPOSED ASSESSMENT, PROJECT N0. 501, GLEN ECHO PaIDS 2ND K%13ECT N0. 501 ADDITION AND ADJACENT AREA for October 7, ''q5 at 7:30 p.m. GLEN ECHO PONDS Item 8-L-5* Motf.on carried on a Roll Call trate, five a,( MOTION war made by Cour^ilmember Schneider, seconded by Council- RESOLUTION N0.85-693 member Vasiliou, to adept RESOLUTION NO. 85-693 ORDERING WAPING ON PROPOSED ASSESSMENT, PkOJECT N0, 5039 53RD AVENUE/NATHAN PROJECT N0. X17 LANE/SCHERER INDUSTRIAL DEVELOPMENT AND ADJACENT AREA for Octo- 53 AVE./NATK,tm i k,t. bac 7, 1985 dt 7:30 p.m. I Item 6-1-6* Notion carried on a Roll Call vote, five ayes. NOTION was nide by Cowi::ilmember Schneider, seconded by Council- RESOLUTION N0.85-6.',' member Vasiliou, to adopt RESOLUTION NO. 85-694 ORDERING HEARING MEWTWHEARING ON PROPOSED ASSESSMENT, PROJECT N0. 5049 45TH AVENUE ADJACENT TO PROJECT N0. 504 TANNIE MIDDLENIST ADDITION for October 7, 1985 at 7:30 p.m. 45TH AVE. Item 8-L-7* Notion carried on a Roll Call vote, five ayes. 4 Speola'1 Cbocil Meeting September 9, 1985 Page 293 NOTION was made by Counellmember Schneider, seconded by Council- RESOLUTION N0.85495 member Vasiliou, to adopt RESOLUTION NO. 85495 ORDERING HEARING ORDERING RIMING ON PROPOSED ASSESSNENT, PROJECT N0. 505, XENIUN LANE - NORTH OF PROJECT NO. 505 34TH AVENUE for October 7, 1985 at 700 p.m. XENIUN LANE Item 8-L-8# Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85496 member Vasiliou, to adopt RESOLUTION N0. 85496 ORDERING HEARING MUERING HEARING ON PROPOSED NEARING, PROJECT N0. 509 NIAGARA LANE for October 7, PROJECT N0. 509 19805 at 7:30 p.m. NIAGARA LANE Item 8-L-9• Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-697 membee Vd31llou, to adopt RESOLUTION NO. 85-697 ORDERING HEARING ON PROPOSED ASSESSMENTS, 1984 WEED ERADICATION AND DESTRUCTION 1984 WEED CHARGES, ROLL 3 AND 4 for October 7, 1985 at 700 p.m. ERADICATION Item 8-L-10• Notion carried on a Roll Call vote, five eyes. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION NO.SS-698 m.;nber Vaslliou, to adopt RESOLUTION NO. 85498 ORDERING HEARING UNDERINC HEARIM' ON PROPOSED ASSESSMENT, 1995 WEED ERADICATION AND DESTRUCTION 1985 WEED CHARGES, ROLL 1 AND t for October 7, 1985 at 7130 p.m. ERADICAtION Item 9-L-11• Notion carried on a Roll Call vote, five ayes. NOTION was made by Counciimember Schneider, seconded by Council- RESOLUTION N0.85499 member Vasiliou, to adopt RESOLUTION N0. 65499 ORDERING HEARING ORDERING HEARIAC' ON PROPOSED ASSESSMENT, 1985 REMOVAL AND DESTRUCTION OF DISEASED 1985 DISEASED TREES TREES for October 7, 1985 at 7130 p.m. Item R -L -12o Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, secondRd by Council- RESOLUTION N0.85-700 member Vasiliou, to adopt RESOLUTION N0. 85400 ORDERING HEARING ORDERING HEARIAC' ON PROPOSED ASSESSMENT, AMHURST 30D ADDITION, INTEREST ON DEFER- 1985 DISEASED TREES RED PRINCIPAL for October 7, 1985 at 700 p.m. Item 8-1.030 Notion carried on a Roll Call vote, five ayes. NOTION was made by Counellmember Schneider, seconded by Council- RESOLUTION N0.85401 member Vasiliou, to adopt RESOLUTION N0. 85401 ORDERING HEARING ON PROPOSED ASSESSMENT, DELINQUENT WATER, SEWER AND STREET DELINQUENT UTILITIES LIGHTING AND ANNUA` STREET LIGHTING FOR UNIMPROVED PARCELS. Item 8-Lft%* Notion caieled on a Roll Call vote, five ayes. IM T, 0 Septend er 9, 1 98' 01 Page Z94 MOTION was made by Councilmember Schnelder, seconded by member Vasiliou, to adopt RESOLUTION N0. 85402 ACCEPTING PETI- TION FOR 34TH AVENUE EAST OF FERNBROOK LANE. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Councll- member Vasiliou, to adopt RESOLUTION N0. 85403 ADOPTING ASSFSS- NENTS, PR03ECT NO. 562, SANITARY SEWER AREA - LUT i, LOT 2, BLOCK It MEDICINE LAKE INDUSTRIAL PARK in the amount of 2,698.00. Motion carried on a Roll Call vete, five ayes. NOTION was made by Councilmember Schnelder, seconded by Council - member Vasiliou, to adopt RESOLUTION NO. 85-704 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIPS, SWAN LAKE ADDITION, PR03ECT N0. 539. Motion carried on a Roll Call vote, five ayes. NOtION was made by Councilmember Neils, seconded by Councilmem- ber Schneider, to adopt RESOLUTION N0. 85405 APPROVING GAMBLING PERMIT, WEST MEDICINE LAKE CONMtINITY CLUB. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFF, BOARDS AND COMMISSIONS Mayor Davenport stated he would not oppose deleting the National League of Ci.ties membership. He believes the benefit is indi- rect. The Association of Metropolitan Municipalities and League of Minnesota Cities are the most effective because they provVe a forum for suburban and urban interests to ccme together. Councilmember Crain agreed that for impact for the City anc+ involvementl these provided an .,pportunity this alone warranted continued Councilmember Vasiliou stated she couldn't support, renewing these memberships as Plymouth represents itself best. Attorney Lefler upged that before the Council considers striking memberships in the LMC and AMM a representative from those organizations be present to discuss the services they provide to the City. Counoilmember Neils stated that lobbying is not the only these organizations provide, they do a number of things other organization does. The staff doesn't have the deal with all the groups the ANN and LMC interact with. service which no time to M RESOLUTION M0e85-702 34TH AVENUE Item 8-M• RESOLUTION W85403 MEDICINE LAKE INDUSTRIAL PARK PR03ECT NO. 562 Item 8-N* RESOLUTION W65404 UNDRINE, BIDS SWAN LAKE AWN. PR03ECT NO. 539 Item 8-0* RESOLUTION N0.85405 We MEDICINE LAKE COMMUNITY CLUB Item 8-P REVIEW OF CITY MEMBERSHIPS Item 9-A c IN A Menaget, LIlis stated he disappointed the Council 'would think these Aiso6tations . are superfluous. The fact is that Plymouth 3 eannpt achieve' some of the objectives of the community in the absence of support from other communities, The efforts Plynauth goes the ugk,oW successful to the degree we can convince other 04tI1ds to agree with usthese decisions will become more .,dif fieuit In t-he•Ifuture, not less, because Plymouth cannot make it clonee lie believes membership in the NLC 'is good because It gives a naiicnbl perspbctive, but it is not as critical as mel i- becohip ih rhe LMC and AM Ne The' membership benefits are there sand , he urged the Council to become very active in both these or0ani cetions. NOTION was made by Councilaember Schneider, seconded by Council - member Cratn, to eliminate membership in the Municipal Caucus. Motion carried, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member, Vaslliou, to eliminate membership in the National League of Cities. Motioncarried, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Vasiliou, to eliminate memberships in the Association of Metropolitan Municipalities and League of Minnesota Cities. Motion failed, two ayes. Mayor Davenport and Councilmembers Neils and Crain voted nay. Discussion follotyed on the cost of the membership in the Municl- pal Legislative Commission, its d0levements in the last year, the reason It was established, how it operates, the role the City plays, and whether this body leads to duplication of effort. NOTION was made by Councilmember Schnelder, seconded by Council - member Vasiliou, to adopt RESOLUTION NO. 65406 WITHDRAWING FROM MUNICIPAL LEGISLATIVE COMMISSION (MLC). Notion carried on a Roll Call vote, four ayes. Councilmemher Neils voted nay. MOTION was Made by Councilmember Schneider, seconded by Council - member Vasiliou, to adopt RESOLUTION NO. 65407 AUTHORIZING EXE- CUTION OF PUBLIC SERVICE AGREEMENT FOR DAYCARE SERVICES WITH GREATER MINNEAPOLIS DAYCARE ASSOCIATION AND AUTHORIZING ASSIGN- MENT OF ADMINISTRATIVE RESPONSIBILITIES TO HENNEPIN COUNTY. Motion carried on a Roll Call vote, five ayes. J I . RESOLUTION NO.65.706 MUNICIPAL LEGIS- LATIVE COMM. (MLC) Item 9-A RESOLUTION NO.65407 DAYCARE SERVICES WITH HENNEPIN COUNTY Item 94* i Special Council Meeting September 9, 1985 Page 296 MOTION was made by Councilmember Schneider, seconded by Council - member Va0.11,ou, to adopt RESOLUTION NO. 85-708 URGING MINNESOTA CONGRESSMEN AND SENATORS TO SUPPORT S. 1570 OR LEGISLATION OF SIMILAR INTENT. Motion carried on n Roll Call vote, five ayes. Manager Willis stated that when the Council discussed this ear, Iter, the Mayor indicated he would like to discuss the problem with the City of Maple Grove. As a result of that meeting it was agreed to request the Elm Creek Watershed Management Commis- sion to undertake a study on the area to determine the affects of the present terrain on the f low of water. That request was taken to the Elm Creek Watershed Management Commission who In turn solicited assistance in the form of a recommendation that the Hennepin Conservation District conduct a study which the Council voted down because the study would cost approximately 5,000-6,000. He pointed out that no study of the creek bottom has been undertaken since the early 1970's. He added that he believes the Management Commission is the appropriate body to confront the problem. This is a difficult problem since Maple Grove and Plymouth will have to pay for the study. Vern Peterson, 17425 C.R. 47, agreed adding that something has o Be one and the proposal is the c+nly way to get it done. He urged the City to start as soon as possible. Howard Hunt, 17205 C.R. 47, stated the problem is geting worse and will e to be taken ca -e of during the winter. Director Moore suggested several items could be deleted from the proposed scope of work which would bring the cost down. If the study shows a construction project is required, plans and speci- fications would have to be prepared. MOTION was made by Mayor Crain, to adopt RESOLUTION A STUDY ON ELM CREEK TO BE MANAGEMENT COMMISSION Davenport, seconded by Counciamember N0. 95409 AUTHORIZING THE FUNDING OF CONDUCTED BY THE ELM CREEK WATERSHED Motion carried on a Roll Call vote, five ayes. OTHER BUSINESS Mayor Davenport appointed Deputy Mayor Schneider as Council Ccordinating Representative to the Plymouth Historical Society through December 31, 1985. The meeting adjourned at 1108 p.m. y cl # RESOLUTION NO.65408 S. 1570 Item 9-C* REPORT ON STATUS OF ELM CREEK DRAINAGE ISSUE Item 9-D RESOLUTION N0.8S-709 AUTHOR12INn ACRE:" MENU ON STU01 OF ELM CREEK DRAINAGE PR08LEMb Item 9-D OTHER BUSINESS r