The URL can be used to link to this page

Home My WebLink AboutCity Council Minutes 10-07-1985M.IN6TES REGULAR COUNCIL MEETING OCTOBER 799 1985 A regular meeting of the Plymouth City Council was called to order by Mayor Davenport at 705 p.m. in the City Council Chars of the City Center at 340t; Plymouth Boulevard on October 70 1985 PRESENTt Mayor Davenport, Couneilmembers Crain, Schneider, Neils and Vasillou, Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Planning Director Tremere, Park and Recreation Director Blank, City Attorney Thompson, Finance Director Ricker, Assistant Finance Director Hahn, City Engineer Goldberg, and City Clerk Houk ABSENTS None CONSENT AGENDA MOTION was made by Councilmember Schneider, secondod by Council - member Crain, to approve the consent agenda with the-'eletion of Items 74, 74, and 74. Notion carried on a Roll Call vote, five ayes. RINUTES NOTION was made by Counciir.Aber Schneider, seconded by Council- member Crain, to adopt the minutes of the special Council meet- ing of September 239 1985 as submitted. Motion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Mayor Davenport explained the procedure for the public hearings. He stated that notices of the hearings were published In the City's official newspaper, written notices were sent to affected property owners, and the hearings were discussed at previous Council meetings. Manager Willis explained that the Council will be adopting the assessment rolls and emphasized the method of payment and the rate of interest on the projects. Attorney Thompson reviewed the appeal process which must be followed tri order to perfect a right of appeal. 0 CONSENT AGENDA .. Item 4 MINUTES - SPECIAL MEETING OF SEPTEMBER 25, 1985 Item 5* 0 vo- Ii sdissments& Pro3eet No. 216 k`r',Davenpurt ,opened the public hearing at 7:50 p.m. No one 'i.hose to speak .and the hearing, was closed at 7:50 p.m. MOTION was Ode by Council etemDo r Meils, seconded -by CounclImew- 1 ber Sehie;`er, to adept RESOLUT16VIN We 85470 ADOPTING ASSESS- WAIS, #OWECT 00. 216, 0014 N ROAD 61 In the amount of Notion carried on a Roll Call vote, five ayes. Cesswents, Protect No. 286 14 ar Davenport opened the public hearing at 761.p.m. Nr one chose to speak hnd the hearing was closed at. 7:51 peme it.sTION was made by Councilmember Schneider, secondeJ by Counell- ember Crain, to adopt RESOWTION N0. 65-771 APUPTINC ASSESS- MENTS, PR00ECT N0. 2469 CARLSON CENTER ADDITION in the amount of 54069260.00. Notion carried on a Roll Call vote, five dyes. NOTION was made by Councilnw+nber Schneider, seconded by Coutrcil- member Crain, to adopt RESOLUTION NO. 85-772 ADOPTING ASSESS', MENTS, PROSECT NO. 246, CARLSON CENTER ADDITION in the amount of 681,980.00. Notion carried on a Roll Call vote, five ayes. Assessments, Project Noe 225 Mayor Davenport opened the public hearing at 7:55 p.m., Robert Roderick, $139 Independence, Maple Plain, asked the defim nitlono ren on Place$ Director Moore stated the assessment is against Outlot C of the Trenton Place Addition. Assessments are against the land. Manager Willis explained that the developer of the two buildings which have been constructed is no longer involved with Mr. Roderick who is now the owner of Outlot C. Director Moore stated that the City doesn't g': involved with the acquisition of property. The development took place accord- ing to the plans approved by the City. Mayor Davenport closed the hearing at O WS p.m. 1 RESOLUTION "0.15470 omm PROSECT NO. 216 COUNTY ROAD 61 Item,twA-1 RESOLUTION N0.85-771 raw PR03ECT NO. 246 CARLSON CENTER Item 6-A•2 RESOLUTION "0.65-772 PROSECT N0. k46 CARLSON CENTE'N ADONO, Item 6-A-2 keguisc Council Meeting October 70 1985 Page 320 MOTION was made by Councilmember Neils, seconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 85-773 ADOPTING ASSESSMENTS, PR03ECT N0. 225, 45TH -46TH AVENUE in the amount of $342,157.10. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmem- ber Crain, to adopt RESOLUTION N0. 85-774 ADOPTING ASSESSMENTS, PROSECT N0. 225, 45TH/46TH AVENUE in the amount of $484,354.78. Motion carried on a Roll Call vote, five ayes. Assessments, Project, No. 459 Mayor Davenport opened the public hearing at 8:07 p.m. Sheldon Schwartz, 4508 W. 44th, stated he had been assessed for water ava a ty and recently found out he did not have access to water, and he was made to remove a culvert and replace it with a cement one. He aske:: that the assessment be adjusted for these two items. Director Moore stated the previous assessment was for services lines which were not installed, but Mr. Schwartz was not denied hookup. The City will pay the cost of those two services lines for which he was assessed previously. The culvert matter was between Mr. Schwartz and the County which permitted him to have a private driveway with a culvert under it. Now that develop- ment is taking place, a different type of culvert is required. He pointed out that Mr. Schwartz had received three permits from the County to access C.R. 24 so the Council did not address the culverts previously. The proposed assessment is $54,484.42 which is approximately 5% higher ttean that estimated at the beginning of the project. The hearing was closed at 8:20 p.m. MOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0, 85-775 ADOPTING ASSESS- MENTS, PROSECT N0. 459, ISAIAH ADDITION in the amount of 54,484.42. Motion carried on a Roll Call vote, five ayes. Assessments, Project No. 501 Director Moore stated this project provided for the improvement of Sycamore Lane, Rosewood Lanc, and 15th Ave. Rosewood Lane's assessments are less than Sycamore Lane's because there was less work done as the street was not replaced. The proposed assess- ment is less than the original estimate. RESOLUTION NO.85-773 ADOPTING )WSSRM PR03ECT N0. 225 45TH/46TH AVENUE Item S -A-3 IIESOLUTION N0.85-774 PN03ECT N0. 225 Item 6-A-3 RESOLUTION N0.8S-775 ADOPTING ASSE55MENT PR03ECT N0. 459 ISAIAH ADDITION Item 6-A-4 16; 06tober 79 1985 Paige 321 tiling ., MayorDavenport opened the public hearing at 8:23 p.m. Adella _ Zeller, 12905 15th Ave,,,, asked if this would be on the 1786 taxes eeause the street wasn't installed as yet. Manager Willis explained that the project is being paid for by the City from a bond sale this year so it will be assessed this year. If it were not assessed until completed, the costs would be higher to cover the increased interest. Games Heltemes, 1415 Rosewood cul - e -Mc Is very difficult driveway had been built onto anymore. Lane, stated their access to the because of the lot line. Their 14th Ave. which is not a street Director Moore stated that 14th Ave. did not ever exist as an unproved street and to develop it would have been very expensive and not necessary with 0eJinal development. Mr. Hettemes has an easement over what was 14th Ave. which could be negotiated for a common driveway with that lot when it's developed. Keith Anderson, 1410 Rosewood Lane, stated he was pleased the assessmten rids lower than the estimate, but he questioned paying before the pro6ect Is completed. He believes he understands the ted30n for it now. He asked, It he paid the entire water area charge within 30 days, and later came to an agreement with the City on an easement over the pond on his property, would he receive a rebate on that portion of the assessment. Manager Willis answered that he would receive a rebate of that amount. The hearing was closed at 8t43 p.m. NOTION was made by Councilmember Neils, seconded by Councilmem- ber Schneider, to adopt RESOLUTION N0, 85476 ADOPTING ASSESS. MENTS, PROJECT N0. 501, GLEN ECHO PONDS 2ND ADDITION AND ADJA- CENT AREA In the amount of 5830851.30. Notion carried on a Roll Call vote, five ayes, iOTION was made by Councilmember Neils, ber Schneider, to adopt RESOLUTION NO. VENTS, PROJECT N0. 5010 GLEN ECNO POLOS CENT AREA in the amount of $81,377.31. seconded by Councilmem- 85477 ADOPTING ASSESS - 2ND ADDITION AND ADJA- Motion carried on a Roll Sall vote, five ayes. NOTION was made by Councilmember Neils, ber Schneider, to adopt RESOLUTION N0. NENTS, PROJECT N0. 501, GLEN ECHO PONOS CENT AREA in the amount of 54,682.70, seconded by Counellmem- 85-778 ADOPTING ASSESS - 2ND ADDITION AND ADJA- Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.85.776 PROJECT N0. 501 GLEN ECHO PONDS Item S -A -S RESOLUTION N0.85477 PROJECT N0. 501 GLEN ECHO PONDS Item 644 RESOLUTION N0.85 476 PROJECT N0. 501 GLEN ECHO PONDS Item 644 0 October 7, 1965 Page 322 Assessments, Project No. 503 Mayor Davenport opened the public hearing at 8:47 p.m. No one chose to speak and the hearing was closed at 8:47 p.m. MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85479 member Crain, to adopt RESOLUTION NO. 85479 ADOPTING ASSESS- adopt RESOLUTION NENTS, PROJECT N0. 5039 SCHERER INDUSTRIAL DEVELOPMENT/53RD PROJECT N0. 503 AVENUE/NATHAN LANE in the amount of 262,659.61. SCMERER/53RD/NATHAN in the amount of SS479242.67. SCHERER/53RD/NATHAN Item 6-A-6 Motion carried on a Roll Call vote, five ayes. Item 6-A•6 NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION NO.65480 member Crain, to adopt RESOLUTION NO. 85480 ADOPTING ASSESS- NENTS, PROJECT N0. 503, SCHERER INDUSTRIAL DEVELOPMENT/53RD PROJECT NO. 503 AVENUE/NATHAN LANE in the amount of SS479242.67. SCHERER/53RD/NATHAN Item 6-A•6 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85481 member Crain, to adopt RESOLUTION NO. 85481 ADOPTING ASSESS- MENTS, PROJECT N0. 5039 SCHERER INDUSTRIAL DEVELOPMENT/53RD PROJECT N0. 503 AVENUE/NATHA4 LANE in the amount of 44,983.80. SCHERER/5380/NATHAN Item 6-A-6 Motion carried on a Roll Call vote, five ayes. Assessments Project No. 504 Mayor Davenport opened the public hearing at 8:49 p.m. Rai Schmidt, 12905 47th Ave., stated he wasn't pleased with the assessment prior to a finished project beca:ise the road is in a mesa now. He asked when he had to hook up to the sewer. Director Moore stated the sanitary sewer, watermain, and gravel street base will be completed this year. The extension of the road and sewer service to the adjoining property would mean the extension of the urban service area line which the Council has not done in the past. Mr. Schm-idt must connect to the sanitary sewer within two years. The hearing was closed at 8:55 p.m. MOTION was :rade by Councilmember Crain, seconded by Councilmem- RESOLUTION N0.85482 bar Schneider, to adopt RESOLUTIO i N0. 85482 ADOPTING ASSESS- MENTS, PROJECT N0. Sn4, 47TH AVENUE - ADJACENT TO TANMIE PP03ECT 110. 504 MIDDLEMIST ADDITION in the amount of $86,426.05. 47TH AVENUE Iter: 6-A-7 Motion carried on a Roll Call vote, five ayes. u s " _.aa . 1_Lany October 7, 1985 Page 323 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Schneider, to adopt RESOLUTION NO. 85-783 ADOPTING ASSESS- MENTS, PROJECT N0. 504, 47TH AVENUE - ADJACENT TO TAMMIE MIDDLEMIST ADDITION in the amount of $60411.90. Motion carried on a Roll Call vote, five ayes. MOTION was :wade by Councilnewber Crain, seconded by Councilmem- ber Schneider, to adopt RESOLUTION NO. 85-784 ADOPTING ASSESS- MENTS, PROJECT N0. 5049 47TH AVENUE - ADJACENT TO TAMMIE MIDDLEMIST ADDITION in the amowit of 561,291.50. Motion carried on a Roll Call vote, five ayes. Assessments, Project No. 505 Mayor Davenport opened the public hearing at 8:58 p.m. Grant Sauer, 3535 Xeniten Lane, objected to the assessment and question the three different sets of figures he received. Director Moore explained that one notice was for the first hear- ing on the project and contained estimates, the second letter, which was sent In September, contained an error which necessi- tated the third letter, dated September 30, which was correct. Nr. Bauer stated he had consolidated the two parcels with the County. Director Moore stated the City had no record of that. Mayor Davenport recessed the hearing 30 Mr. Bauer and the engi- neering staff could discuss the matter. assessments, Project No. 509 Mayor Davenport opened the public hearing at 9:07 p.m. Vic Jude, 3005 Niagara Lane, stated he still feels the median will be a detriment to his and other businesses along Niagara Lane and asked if they would be assessed to pay for it and whether the assessment period could be extended or deferred until the current assessment is paid off. Director Moore stated the median will be paid for by the City. Harold Levinger, 215 Niagara Lane, also asked that the interest e lowere or an extension be given on the assessment period. Gary Bluem, 2500 Niagara Lane, stated the contractor cut his and s ne g rs' sprinkler systems and he's concerned that the cost of repair doesn't get included in the project cost. He asked why the contractor has several times dumped dirt and then removed it. RESOLUTION N0.85-783 ADOPTING ASSE59EAr PROJECT N0, 504 47TH AVENUE Item 6-A-7 RESOLUTION NO.85-784 PROJECT N0, 504 47TH AVENUE Item 6-A-7 owldr Councll Meeting October 79 198S Page 324 Director Moore stated repair of the systems will not be included In project costs unless the system was on public property. The dirt was probably removed because the rain made it unworkable and it was necessary to bring in dry fill. The hearing was closed at 9:21 p.m. CouncilmenLar Neils stated she didn't want to extend the assess - sent period for the workhouse property, but she understands the concerns of the businesses. Nenager Willis pointed out that a justification for extending the term would be that they are still paying an earlier assess- ment and suggested a 12 year terra. NOTION was made by Councilmember Crain, seconded by Counellmem- ber Neils, to adopt RESOLUTION NO. 85485 ADOPTING ASSESSMENTS, PROJECT N0. 5099 NIAGARA LANE IMPROVEMENTS, EXCEPT PRRKERS LAKE NORTH, in the amount of $746,271.37 for a term of 15 years. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION NO. 85-786 ADOPTING ASSESSMENTS, PROJECT N0. 509, NIAGARA LANE IMPROVEMENTS, PARKERS LAKE NORTN, In the amount of $390,289.04 for a term of 10 years. Notion carried on a Roll Call vote, five ayes. NOTION was :rade by Councilme;nber Crain, secondee! by Councilmem- ber Nells, to adopt RESOLUTION N0. 85-787 DEFERRED ASSESSMENTS, PROJECT N0. 509, NIAGARA LANE IMPROVEMENTS, in the amount of 259765.25. Motion carried on a Roll Call vote, five ayes. Mayor Davenport reconvened the hearing on Project 505 at 9:30 p.m. Director Moore recommended adoption of the assessment roll. Mr. Bauer stated he understood the proposed assessment and how deferral of the assessment would be handled. The hearing was closed at 9:32 p.m. NOTION was made by Councilmember Neils, seconded by Couneilmema ber Crain, to adopt RESOLUTION N0. 85488 ADOPTING ASSESSMENTS, PR03ECT N0. 505, XENIUH LANE NORTH OF 34TH AVENUE in the owunt of $72,523.46. Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.85485 UPTIM. 0959M PROJECT N0. 509 NIAGARA LANE Item 6-A-9 RESOLUTION W$5486 ADOPTING A35EWWRr PROSECT N0. 509 NIAGARA LANE Item 6-A-9 RESOLUTION N0.85487 PROJECT N0. 509 NIAGARA LANE Item 6•A•9 RESOLUTION N0.85-788 ADOPTING ASKMWRr PROJECT N0. $05 XENIUM LANE Item 4-A-8 a 11 tar 16 - V 1 lbetin9 October 7, 1965 Page 325 MOTION was made by Councilmember Neils, seconded by Councilmem- ber Craln, to adopt RESOLUTION NO. 85489 ADOPTING ASSESSMENTS, PROJECT NO. 5059 XENIUN LANE - NORTH OF 34TH AVENUE in the amount of $29,796.60. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Neils, seconded by Councilmem- ber Crain, to adopt RESOLUTION N0. 85490 ADOPTING ASSESSMENTS, PROJECT NO. 5059 XENIUM LANE NORTH OF 34TH AVENUE In the amount of $152,229.73. Notion carried on a Roll Call vote, five ayes. hp MOTION was made by Councilmember Neils, stconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 85-791 DEFERRED ASSESSMENTS, PROJECT N0. 5059 XENIUN LANE in the amount of $173,334.00. Motion carried on a Roll Call vote, five ayes. AsaessmMnts, Project No. 920-010-014 Mayor Davenport opened the public hearing at 9:34 p.m. No one chose to speak and the hearing was closed at 9:34 p.m. MOTION was made by Councilmember Neils, seconded by Coun;:ilmem- ber Schneider, to adopt RESOLUTION NO. 65-792 ADOPTING ASSESS- MENTS, PROJECT N0. 920-010-0149 ANHURST 3RD ADDITION, INTEREST ON DEFERRED PRINCIPAL in the amount of $443.92. Notion carried on a Roll Call vote, five ayes, Assessments, 19L4 and 1985 Weed Eradication Mayor Davenport opened the public hearing at 9:34 p.m. No one chose to speak and the hearing was closed at 9:34 p.m. MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION' NO% 65-793 1964 and 1985 WEED ERADICATION AND DESTRUCTION in the amount of $6,456.20. Motion carried on a Roll Call vote, five ayes. Assessments, Deli ent Utilities and Street Lights Mayor Davenport opened the public hearing at 9:35 p.m. No one chose to speak and the hearing was closed at 9:35 p.m. RESOLUTION N0.85489 ADOPTING ASSEMXV PROJECT N0. 505 XENIUN LANE Item 6-A-8 RESOLUTION N0.8S-790 PROJECT N0. 505 XENT.UH LANE Items 64-8 RESOLUTION N0.8S491 PROJECT N0. 505 XENIUN LANE Item 6-A-8 RESOLUTION N0.95-792 PROJECT 920410414 AMMURST INTEREST ON DEFERRE' ARINCIPAL Item 6-..-10 RESOLUTION N0.85-793 1984 a 1985 wffF, ERADICATION Item 64-11 Regular Council Meeting October 7, 1985 Page 326 MOTION was made by'ouncilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0, 85-794 ADOPTING ASSESS- MENT, 1985 DELINQUENT WATER SERVICE CHARGES AND SANITARY SEWER SERVICE CHARGES AND ANNUAL STREET LIGHT CHARGES In the amount of 1129285.55. Motion carried on a Roll Call vote, five ayes. Assessments, 1985 Tree Removal Mayor Davenport opened the public, hearing at 9:35 p.m. No one chose to speak and the hearing was closed at 9:35 p.m. MOTION was made by Councilmember Crain, ber Schneider. to adopt RESOLUTION N0, HENT, 1985 F '1VAL AND DESTRUCTION OF amount of $39c. V. seconded by Councilmem- 85-795 ADOPTING ASSESS. DISEASED TREES in the Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Davenport stated the Council has met several times to dis- cuss the proposed budget. Manager Willis stated the mill rate for the general fund would be 12.06 mills which is up one-half a mill from 1985. The City's share of the total tax amount paid by residents is approximately 15% in all four school districts. Mayor Davenport stated he was contacted by the new Chair of the Municipal Legislative Commission and asked to reconsider the Council's decision to discontinue its membership. After dis':Is- sing the Council's concerns with her, he indicated he would bring the matter back to the Council for reconsideration. Councilmember Vasiliou stated she discussed the decision with the City's legislators whe reaffirmed they do not get feedback from the MLC.* therefore, she would not change her vote. Councilmember Crain stated he did not talk to Plymouth's repre- sentatives, but he did tolk to the chair of the tax committee who gave the MLC very high marks for their work. He believes there is some waste and work which should not be going on, how- ever, based on his discussion with Representative Schreiber, he would change his vote considering the City Manager would strive to limit the MLC's work to government aids. Manager Willis stated the funds for 1986, $11,700, could come from the contingency reserve or the Infrastructure reserve. 0 RESOLUTION NO.85-794 ADOPTING ASSES90r DELINQUENT UTILITIES 8 STREET LIGHTS Item 6-A-12 RESOLUTION N0.8S-795 ADOPTING ASSESSMENT' TREE REMOVAL Item 6-A-13 ADOPTING OF 1986-87 BUDGET 6 SENTING TAX LEVY Item 7-A 9 soso luFAQ, ti fttd*r 7,- I"s o pyo 3v' MOTION wu ,e by Mayor Oo~reagort, seconded b Councilmom ber telftj that. ' tw- City "new the amberr+hip In th4, Municipal Leg- islatlse Gown scion and farad it by deleting frog the infrastrue- ture raserve and restoring It: to the !LC budget. MOTION an aide by Counclsaewber Crain, seconded by Mayor Ui venport, to aeons that monies come from a reduction within the Forestry Fund fr9m $100000 to Sr50000 and the balance to come from the contingenay reserve. Motion to amend failed, one are. Mayor Davenport and Council- moebers Schneider, Vasiliou, and Neils voted nay. Main action carried, three ayes. Councilmembers Schneider and Vabliiou voted nay. MOTION was made by Councilmewber Schneider, seconded by Council- RESOLUTION N0.854% member Crain, to adopt RESOILUTION N0. 85-756 ADOPTING 1986 OPERMWIM 1955 MM ATING BUDGETS AND APPROVING THE 1987 OPERATING BUDGETS FOR PLAN- Item 74 NrINO PURPOSES in the following amountst General Fund - 7,2'',631; Recreation Fund - $356,000; Forestry Fund - S209,800; Water Fund - $19670,200; Sewer Fund - $2,505,300; and Equipment Center Fund - $19062.700. Notion carried on a Rall Call vote, four ayes. Councileember Vasiliou voted nay. POTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85497 member Crain, to adopt RESG'_"T'3N N0. 85497 LEVYING TAXES IN CMI YES 11111110 THE AMOUNT OF $6,059,972. Item 7-A Motion carried on a Roll Call rote, tour ayes- Councllmwber Vasiliou voted nay. Mayor Davenport questioned the appropriateness of IDRB's for this proposed use because of its service orientation. Councilweaber Crain agreed and added that he was even more un- watortable with the filet that 2/3 of the project would be spec- ulative. MOTION was made by Mayor Davenport, seconded by CouneLlmember RESOLUTION N0.85498 Nells, to adopt RESOLUTION NO. 85.798 CALLING A PUBLIC NEARING MIM ARRIA41, ON A PROPOSAL TO UNDERTAKE AND FINANCE AN INDUSTRIAL DEVFLOPMENT IORB REQUEST OF PROSECT for Crocker Investment Company. CROCKER INVEST. CO. Item 7-B• Motion carried on a Roll Call vote, five ayes. MOTION was wde by Coune-Ilmeober Schneider, seconded by Council- RESOLUTION NO.85499 member Crain, to adopt RESOLUTION NO. 85.799 APPROVING SITE PLAN AMENDMENT AND VARIANCES FOR SCOVILLE PRESS (85082). SCOVILLE PRESS 85082) Motion carried on a Roll Call vote, five ayes. Item 7-C• Ur Council Meeting October 79 1985 Page 328 MOTION was wade by Councilmember Schneider, seconded by Council= mew6er Crain, to adopt RESOLUTION N0, 85-800 APPROVING SITE PLAN FOR Re OOMNSON CONSTRUCTION COMPANY (85087). Notion carried on a Roll Call vote, five ayes. MOTION was wade by Councllmember Schnelder, seconded by member Craln, to adopt RESOLUTIONN0. 85401 APPROVING NARY PLAT AND VARIANCE FOR GRAHAM DEVELOPENT COMPANY PARK HEIGHTS (85089). Notion carried on a Roil Call vote, five ales. RESOLUTION N0.8S-800 Vi•r rwNo •.• OOHNSON CONST. CO. 650e: ) Item 7-D* Council- RESOLUTION N0.85431 PRELIMI- FOR LAKE VARIANCE, LAKE PARK HEIGHTS (65089) Item 744 MOTION was made by ".ouncllmember Schnelder, seconded by Council - member Crain, to adopt RESOLUTION NO. 85402 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR WATSON-FORSBERG COMPANY FOR TLC POLYFORM (84076). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Ca.incil- aember Crain, to adopt RESOLUTION N0. 85-803 AUTHOR MNG RELEASE OF SITE PERFORMANCE GUARANTEE FOR CRAIG FREEMAN FOR WILLOW GROVE SHOPP1riG CENTER (83065). Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council- memeer Crain, to adopt RESOLUTION NO. 85-604 AUTHORIZING RELEASE OF PART OF THE SITE PERFORMANCE GUARANTEE FOR SCHAPER MANUFAC- TURING CCMPANY ( 84055) . Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Schneider, seconded by Council - member Crain, to adopt RESOLUYION N0, 85-805 AUTHORIZING RELEASE OF SI"E PERFORMANCE GUARANTeE FOR TRAMMELL CROW COMPANY (84041). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 85-806 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR NUAIRE, INC. (84039). Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Cr -An, to adopt RESOLUTION N0. 65-807 AUTHORIZING REDUC- TION OF SITE PERFORMANCE GUARANTEE FOR LAU PROPERTIES FOR TLC POLYFORM (64076) to $5,000.00. Motion carried on a Rull Call vote, five ayes. RESOLUTION N0.85-802 TM BOND RELEX9 WATSON-FORSBERC TLC POLYFORM (84076) Item 74-1* RESOLUTION N0.85403 CRAIG FREEMAN WILLOW (MOVE CENTER 63065) Item 7-F-2* RESOLUTION N0.85-804 SCHAPER MFC. CO. 84055 ) Item 7-F-3* RESOLUTION NO 35-805 51TE BOND RELEASE TRAMPELL CROW CO. 84041) Item 74.40 RESOLUTION NO A5-806 SITE BOND RELEASE NUAIRE, INC. 84039) Item 7 -F -S* RESOLUTION N0.85-807 LAU PROPERTIES TLC POLYFORM (84076) Item 7 -C -l* Rapider Council Meeting' October 7, 1983 Page 329 MOTION was,made by Counciimember Schneider, seconded by Council- RESOLUTION N0.85408 amber Crain, to adopt RESOLUTION N0. 85-806 AUTHORIZING REDUCSITE WW REDUCT TION OF SITE PERFORMANCE GUARANTEE FOR TIMBERTON (83054) to TIMBERTON (8?0t4) 120,000.00.' Item 7-G- 2# Motion carried on a Roll Call vote, five ayes. NOTION was tirade by Councilarember Schneider, seconded by Council- RESOLUTION N0.85409 member Crain, to adopt RESOLUTION N0. 85409 APPROVING SITE PLAN SITE PLM 0 VX1I AND VARIANCE FOR C. EDWARD SHEENY (85092). C. EDWARD SHEEHY 35092) Notion carried on a Roll Call vote, five ayes. Item 7-H• 3erry Sisk, 14430 28th Place, Burger King, stated his concern waswith he traffic on 28th Place only, and not on Fernbrook Lane. Ne asked that the City try to correct the problem by either allowing the traffic out of the cul-de-sac more directly onto Glacier Lane or widening 28th. He stated he did not object to the request by Arby's. Manager Willis stated there is traffic congestion at times in the cul-de-sac and, at some point in time, the City does foresee the need for an extension of the median on Fernbrook Lane past the 28th Place intersection. Thi3 was projected several years ago with the Circle Star Business Center 3rd Addition plat. Charles Nadler, representing Arby's Restaurant, stated he Newtif they will significantly increase the traffic Into the area and doesn't believe there will be a problem get- ting the traffic out. If the traffic does Increase after they open, a possible solution would be signage and there are other means that could be undertaken to address such A problem. They are doubling the parking spaces on the site and changing the on site stacking whish will alleviate some problems. Discussion followed regarding the area and the traffic pat- terns. Manager Willis stated that the traffic could be more closely observed through next spring when this use and others on the remaining sites have been established. MOTION was made by Counellmember Neils, seconded by Councilmem- RESOLUTION N0.85410 bet Schne.lder, to adopt RESOLUTION NO. 85410 APPROVING A CONDI- ., TIONAL USE PERMIT FOR FERNBV CORPORATION FOR ARBY'S ROAST BEEF ARBY'S RESTAURANT RESTAURANT AT 14420 28TH PLACE NORTH (85096). (85096) Item 70I Notion carried on a Roll Call vote, five ayes. NOTION was made by Counellmember Neils, seconded by Councilmem- RESOLUTION N0.85-811 bet Schneider, to adopt RESOLUTION N0f, 85411 APPROVING SITE SITE FEAR )WHOMENT PLAN AMENDMENT FOR FERNBY CORPORATION FOR ARBY'S ROAST BEEF ARBY'S RESTAURANT RESTAURANT (85096). 85096) ktom 7-I Notion carried on a Roll Call vote, five ayes. Regular Council Meeting October 7, 1985 Page 330 MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION NO.85-812 member Crain, to adopt RESOLUTION NO. 85-812 APPROVING LOT CONLOT MSULIDATIDNJ SOLIDATION/DIVISION FOR MR. AND MRS. ROBIN NIEDERMAN AND MR. AND DIVISION FOR CATES & MRS. 3ER014E GATES (85098). NIEDERMANS (85098) Item '-•J* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-813 member Crain, to adopt RESOLUTION NO, 65-813 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT CONSOLIDATION/DIVI- LOT CONSOLIDATION/ SION FOR MR. AND MRS. ROBIN NIEDERMAN AND MR. AND MRS. 3EROME DIVISION FOR CATES R CATES (84098). NIEDERMANS (eS098) Item 7-0• Motion carried on a Roll Call vate. five aye!. Susan Fraser, representing the Montessori School, stated the school a separated from the Minnetonka Montessori School 7 years ago and had been At its present location for 3 years. They are in the process of applying to the state for the appro- priate license. She explained there had been some confusion as to the need for individual Montessori schools to be licensed and they had assumed the church had taken care of obtaining a condi- tional use permit several years ago. Councilmember Neils stated the City's concern was with the health and safety standdrds and would a state inspection be part of their licensing. Ms. Fraser answered that the state will not inspect the site until the conditional use permit has been approved by the City. Director Tremere stated that if the Council approves the use, and the state does not approve the license, the conditional use permit will be revoked. MOTION was made by Councilmember Neils, seconded by Councilmem- RESOLUTION N0.85414 ber Crain, to adopt RESOLUTION N0, 85-814 APPROVING A CONDITIO- CoUsP69 NAL USE PERMIT FOR CHRIST MEMORIAL CHURCH FOR A MONTESSORI SCHOOL, CHRIST SCHOOL 13501 COUNTY ROAD 15 (85078). MEMORIAL CHURCH Item 7-K Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-815 member Crain, to adopt RESOLUTION NO. 85-815 AUTHORIZING THE JOINT POWERS AGREE - EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF SILVER HENT, CITY OF SILVER BAY. BAY Item 7-L• Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION N0.O M % ber Schneider, to adopt RESOLUTION N0. 85-816 CALLING A PUBLIC HEARING ON THE EXPANSION AND MODIFICATION OF TAX INCREMENT EXPANDING TIF FINANCING DISTRICT NO. 1-2 for Monday, October 28, 1985 at 7:30 DISYRICT N0. 14 gym• Item 7-M tion carried on a Roll Call vote, five ayes. 0 Regular Council Meeting October 7, 1985 Page 331 MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 65-617 AWARDIWa BID FOR THREE (3) CIVIL DEFENSE SIRENS to Tommy'e Firehouse Associates In the amount of $230773.60. Motion carried on a Roll Call vo,:e, five ayes. Mayor Davenport complimented PRAC and Director Blank on solici- ting public input and considering it in their final recommenda- tions on the park. Director Blank pointed ojt the corridor and the road right -of - Rays which would intersect with the trail and provide access to the Luce Line trail and the park. Discussion followed on the number of accesses, the timing of their construction, and their location. David Anderson, 1555 Juneau Lane, asked the Council to move the entry to a pack on the north end of the lake. The sense of the Council was to investigate the impact of the trail on Mr. Anderson's property. MOTION was made by Mayor Davenport, seconded by Councilmember Neils, to adopt RESOLUTION NO. 85-818 APPRO"ING THE MASTER SITE PLAN FOR PARKERS LAKE CITY PARK. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Neils, seconded by Councilmem- ber Crain, to adopt RESOLUTION N0. 85-819 APPROVING FINAL PAY- MENT TO BARBER CONSTRUCTION FOR PARK IMPROVEMENTS in the amount of $300602.36. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seccnied by Council - member Crain, to adopt RESOLUTION N0. 85-820 APPOINTING ELECTION JUDGES FOR NOVEMBER 5 GENERAL CITY ELECTION. Motion carried on a Roll Call vote, five ayes. MOTION was fide by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 85-821 APPROVING CHANGE ORDER N0. S, I-494/COUNTY ROAD 15 IMPROVEMENTS - PROJECT N0. 129 by adding $3,634.00. Motion carried on a Roll Call vote, five ayes. RESOLUTION N0.85-817 AWARDING BID FOR CIVIL DEFENSE SIRENS Item 7-N• PARKERS LAKE CITY PARK Item 7-0 RESOLUTION N0.85-818 APPROVING MASTM SITE PLAN, PARKERS LAKE CITY PARK Item 7-0 RESOLUTION N0.8S-819 FINAL PAYMENT NEIGHBORHOOD PARKS Item 7-P RESOLUTION N0.85-820 APPOINTING ELnTTM' JUDGES Item 7-Q• RESOLUTION N0.85-821 CHANGE ORDER Me 5 I-494/C.R. 15 IMP. PROJECT N0. 129 Item 7-R• a Regular Council Meeting October 7, 1985 Page 332 MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 65-822 AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT 14125 COUNry ROAD 6. Mo`,tion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to refer the Pike Lake Interceptor Sewer, Phase II, cost of alternate alignments, City Project 008, to the Special Assessment Committee fur a recommendation on the possible lateral benefits received with each alignment as well as a recommendation on a proposal to the Tennant Company for acquiring the necessary right of way. Motion carried, five ayes. MOTION was made by Councilmember Schneider, seconded by member Crain, to adopt RESOLUTION N0, 85-823 ADOPTING MENTS, PROJECT N0, 534 UTILITY AND STREET IMPROVEMENTS, CENTER 6TH ADDITION in the amount of $167,562.06. Notion carried on a Roll Call vote, five ayes. RESOLUTION NO.85-822 AUTNORIZING PURCHASE OF 14125 C.R. 6 Item 7-S* RECEIVING REPORT PIKE LAKE INTERCEPTOR SETTER ALTERNATE ALIGNMENTS PROJECT 008 Item 7-T* Council- RESOLUTION '10.85423 ASSES SADOPTING ASSESSME CARLSON UTILITY 8 STREET IMP CARLSON CENTER 6TH PROJECT N0. 534 Item 7-U* MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 85-824 REDUCING DEVELOP- MENT BOND, EVONNE'S LAKEVIEW ADDITION (A-819) to $4,100. Motica carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 85-825 REDUCING DEVELOP- MENT BOND, FOX FOREST 2ND ADDITION (80045) to $129544.00. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 85-826 REDUCING DEVELOP- MENT BOND, THE VILLAGES ADDITION (83061) to $8,008.00. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 65-827 REDUCING DEVELOP- MENT BOND, PARK PLACE ADDITION (82049) to $42,896 on public im- provements and $25,760 on private improvements. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 85428 REDUCING DEVELOP- MENT BOND, WOODLANDS ADDITION (84030) to $22,400 on public im- provements and $16,912 on private improvements. Notion carried on a Roll Cali vote, five lyes. RESOLUTION N0.85-824 BOND REDUCTION EVONNE'S LAKEVIEW ADDITION (A-819) Item 7-V-1* RESOLUTION N0.8S-825 BOND REDUCTION ' FOX FOREST 2ND ADDN. 80045 ) Item 7-V-2* RESOLUTION N0.8S-826 500 REDUCTION THE VILLAGES (83061) Item 7-V-3* RESOLUTION N0.85-827 BUM REDUCTION PAPP PLACE ADDITION 02049 ) Item 74-4* RESOLUTION N0.85428 BOND REDUCTION WOODLANDS ADDITION 84030) Item 74-5* Regular Council heating October 7. 1985 Page 333 NOTION Was side by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 85429 REDUCING OEVELOP- NENT BOND, STEEPLECHASE ADDITION (84047) to $67,321. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by immmor Neils, to adopt RESOLUTION NO. 85-830 AMENDING DEVELOP- IENT CONTRACT FOR SILVERTHORNE ADDITION (82052) extending time to Dccnmber 319 1987. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - ember Crain, to adopt RESOLUTION NO. 85431 APPROVING CHANE ORDER, N0. 19 45TH/46TH AVENUE UTILITY AND STREET IMPROVEMENT, PROJECT NO. 2 5 by adding $17,959.50. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 65-832 ACCEPTING 6109 SWAN LAKE BIDS, PROJECT NO. 539 from Latour Construction of Maple Lake in the amount of $333,667.35. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION N0. 85-833 RECEIVINT, REPORT AND ORDERING PROJECT N0. 566 ROBERT MIDDLEMIST 4TH ADDITION STORM SEWER. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by member Crain, to adopt RESOLUTION NO. 65-834 DECLARING OF PETITION AND ORDERING PXPAR.ATION OF REPORT, STREET TYRELL ADDITION* Notion carried on a Roll Call vote, five ayes. RESOLUTION NO.65429 BW RLDUCTION STEEPLECHASE ADON. 64047) Item 744* RESOLUTION H0.85430 CONTRACT SILVERTHORNE ADDN. 82052) Item 7-W RESOLUTION N0.85431 Elm ORM "57 45TH/46TH AVE. IMP. PROJECT N0. 225 Item 7-X* RESOLUTION N0.85432 ACCEPTING 510, MW LAKE, PROJECT N0, 539 Item 7-Y* RESOLUTION N0.85-833 ORDERING PROJECrW. 5669 STORM SEWER, MIDDLENIST 4TH ADDN. Item 7-x,1 Council- RESOLUTION N0.8S-934 ADEQUACY ORDERING REPORT LIGHTING, STREET LIGHTING TYRELL ADDITION Item 7 -AA -1* NOTION was made by Councilmember Schneider, seconded by Council - member Crain, to adopt RESOLUTION NO. 65-835 RECEIVING PRELIMI- NARY REPORT AND ORDERING PRU:IECT, STREET LIGHTING, TYRELL ADDI- TION. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Crain, to, adopt RESOLUTION NO. 85436 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORTS STREET LIGHTING, JAMESTOWN ADDITION PHASE 2. Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.85435 STREET LIGHTING TYRELL ADDITION Item 7-0-1* RESOLUTION N0.8S-836 STREET LIGHTING JAMESTOWN ADDITION Item 7 -AA -2* V. Regular Council October 7, 1985 Page 334 Meeting MOTION was grade by Councilmember Schneider, seconded by member Crain, to adopt RESOLUTION NO. 85-837 RECEIVING NARY REPORT AND ORDERING PROJECT, STREET LIGHTING, ADDITION. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Council- RESOLUTION N0.85-837 PRELIMI- JAMESTOWN STREET LIGHTING JA14ESTOWN ADDITION Item 7 -AA -20 Mayor Davenport stated he would like to wait before ordering a traffic study until Arby's is open and their improvements are made. Discussion followed regarding Director Tremere's memorandum of October 3, 198o5 which conveyed the Planning Commission recom- mendations of September 25. Manager Willis suggested suspending this matter until spring. NOTION was made by Councilmember Schneider, seconded by Mayor Davenport, to defer the matter of a traffic study on 260 Place until. spring, 1986. Motion carried, five ayes. The meeting adjourned at 11:07 p.m. City Clerk TRAFFIC CIRCULATION 28TH PLACE Item 8-A