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HomeMy WebLinkAboutCity Council Minutes 05-19-1986C A vegulac order by Chambers 19, 1986. N I N U T E S REGULAR COUNCIL MEETING NAY 19, 1986 meettng of the Plymouth City Council was called to Mayor Schneider at 7:31 p.m. in the City Council of the City Center at 3400 Plymouth Boulevard on May PRESENT: Mayor Schneider, Councilmembers Vasiliou, Zitur, and Sisk, Manager Willis, Assistant Boyles, Public Works Director Moore, Planning Tremere, Park Director Blank, Public Safety Carlquist, Assistant Finance Director Hahn, Attorney Thompson, ABSENT: None PROCLAMATION Crain, Manager Director Director and City Mayor Schnelder declared June as "Promote Rideshare Month" in Plymouth reading a proclamation to that affect. Mayor Schneider encouraged City-wide participation in the Project Lifesaver Program designed to change driver behavior and habits in hopes of reducing traffic fatalities. CONSENT AGENDA MOTION was made by Cuuncilmember Crain, seconded by Council - member Zitur to adopt the Consent Agenda with the exceptions of 8-G, 6-I, and 9-G. Notion carried on a Roll Call vote. Counci.lmember Zito" abstained on Item 8-F MINUTES MOTION was made by Councitmember Crain, seconded by Council - member Zitur, to adopt the minutes of the regular Council meet- ing of May 5, 1986. Motion carried on a Roll Call vote, five ayes. 0 PROCLAMATION - RIDESHARE MONTH Item 4 A PR03ECT LIFESAVER Item 4 0 CONSENT AGENDA Item 5 MINUTES - REGULAR MEETING OF MAY 5, Item 6* 1986 Regular Council Meeting May 19, 1986 Page 121 PUBLIC HEARINGS Mayor Schneider announced that this public hearing is an assess- ment hearing with respect to street lighting in the Tammie Middlemist Addition. Notification for the hearing has been provided in accordance with statute, including public notifi- cation articles Iii newspapers, :nailed notices, and cable tele- vision announcements. Fred Moore stated that the proposed assessment hearing is for three street lights in the Tammie Middlemist Addition. The project involves twenty-five lots at the cost of $1.51 per month, per lot, which wil: be added to sewer and water bills. Mayor Schneider opened the public hearing at 7:44 p.m. Mayor Schneider acknowledged Bruce Weaver, 12790 - 49th i Neby, 4925 Pineview Lane, both proposed project, having received blue cards from venue North, and Terri Thompson of whom expressed support for the The public hearing was closed at 7:45 p.m. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 86-276 ADOPTING ASSESSMENTS, TAMMIE MIDDLEMIST ADDITION - STREET LIGHTING. Motion carried on a Roll Call vote, five ayes. Mayor Schneider stated that this is an assessment hearing for City Project 609 on 47th Avenue west of Tammie Middlemist Addition. Fred Moore stated that the proposed improvement includes streets, curbs and gutters, and sewer and water mains for this area. The project has been ordered and the City Council is holding an assessment hearing at this time pursuant to State Statute. Costs are to be assessed to benefitting properties over d ten year period. He outlined the appeals process necessary for appealing special assessments. The Mayor opened the public hearing at 7:48 p.m. Mr. Ken Kesti, 13030 - 47th Avenue North, stated that he is representing the church. He asked whether 47th Avenue which is curved on current plans will be straightened. Fred Moore stated that to save trees, the street will be realigned using right-of-way granted by the church. Mr. Kest[ also asked about the plans for the intersection of West Medicine Lake Drive and 47th Avenue North. Sherm Goldberg responded that this intersection would have to be modified accordingly for appropriate access and safety concerns. Mr. Kesti stated that the congreyation of the church has pd5Sf"d a resolution supporting the project. PUBLIC HEARING - SPECIAL ASSESSMENTS STREET LIGHTING TAMMIE MIDDLEMIST ADDITION RESOLUTION N0. 86-276 ADOPTING ASSE59KNM STREET LICHTING TAMMIE MIDDLEMIST ADD PUBLIC HEARING SPECIAL ASSESSMENTS PROJECT 609 47TH AVE, WEST OF TAMMIE MIDDLEMIST Item 7-B I Regular Council Meeting May 19, 1986 Page 122 Mr. Elmer Alagoki, 13025 - 47th Avenue North, questioned the deferral procedures. Mayor Schneider clarified that all deferred assessments continue to accrue interest. Fred Moore advised that there will be no trunk or sanitary sewer avallahle to the corner lot. As a result, assessments to this lot are being deferr%:d. Councilmetrber Sisk asked whether there would be a vacation of easements with the realignment of the roadway. Fred Moore stated that this could be done once the read is constructed or when the parcel is split for development. Mr. Wayne Stroman, 12925 - 47th Avenue North. submitted a letter stating his objections to preserve his appeal right. He stated that the nverall cost of the project is a burden to his property. The proposed assessment is $16,577 on a parcel which has been valued by the City at $61,000. Mr. Stroman expressed uncern both about the total cost of the project as well as the ncremental payments. Mayor Schneider closed the public hearing .it 9:00 p.m. MOTION was made by Councilmember Sisk, seconded by Councilmember Crain, to adopt RESOLUTION NO. 86-277 ADOPTING ASSCSSMENTS, PROJECT NO, 6099 47TH AVENUE - WEST OF TAMMIE MIDDLEMIST ADDITION. Notion was withdrawn. MOTION was made by Councilmember Crain, seconded Councilmember Sisk, to table this item for one-half hour. Motion carried. by Mayor Schneider stated this hearing is with respect to a vacation of sight easement at Creekwood Hills 3rd Addition. The public hearing was opened at 8:03 p.m. No one chose to speak and the hearing was closed at 8:03 p.m. MOTION was made by Councilmember Sisk, Vasiliou, to adopt RESOLUTION NO. VACATION OF SIGHT EASEMENT , LOT 249 3RD ADDITION, seconded by Councilmember 86-280 AUTHORIZING THE BLOCK 1, CREEKWOOD HILLS Motion was carried on a Roll Call vote, five ayes. Mayor Schneider announced that the public hearing was a petition to vacate drainage and utility easements for Scoville Business Park Addition. The public hearing was opened at 8104 p.m. No one chose to speak and the hearing was closed at 8:04 p.m. PUBLIC HEARING - SIGHT EASEMENT VACATION CREEKWOOD HILLS, 3RD Item 7-C RESOLUTION N0, 86-280 MATING SIGHT EX95 M CREEKWOOD HILLS 3R,1 Item 7-C PUBLIC HEARING - UTILITY & DRAINAGE EASEMENT VACATION SCOVILLE BUSINESS PARK Ttem 7-D Regular Council Meeting May 19, 1986 Page 123 MOTION was made by Councllmember Crain, Councilmember Vasillou, to adopt RESOLUTION AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY SCOVILLE BUSINESS PARK ADDITION, LOT 2, BLOCK 1 r U Motion was carried on a Roll Call vote, five ayes. seconded by NO. 86-281 EASEMENTS IN Mayor Schneider announced that a petition had been received to vacate drainage and "I' y easements in the Plymouth Plaza 5th Addition (Quaker Lane) The public hearing was opened at 8:05 p.m. No one chose to speak and the hearing was closed at 8:05 p.m. MOTION was made by Councilmember Sisk, seconded by Councilmember Crain, to adopt RESOLUTION NO. 86-282 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOT 5, BLOCK 39 PLYMOUTH PLAZA 5TH ADDITION Motion was carried on a Roll Ca'l vote, five ayes. Public Works Director Moore stated that this is a public Improvement hearing regarding Bass Lake Plaza Area, City Project 011-001. Improvements include permanent streets, sewer and water main south of County Road 10 and west of County Road 18. He showed graphics of the sewer, water, street and storm sewer. The overall cost of the project is $1.3 million and the proposed assessment would be made or, a square footage basis to all Industrial/commercial land. Mayor Schneider opened the public hearing at 8:08 p.m. Mr. ion Astleford, 1005 University Avenue S.E., Minneapolis, Indicated that he objects to the cost of the project. He believes the cost is three times what it should be and that his estimated assessment is $593,000. He stated that there is an existing agreement between Astleford and the City and asked whether the City would comply with the agreement. Mayor Schnelde, stated that the City would. Mr. Astleford questioned the location of Nathan Lane and expressed concern about the intersection which would bring the road diagonally through Outlot D of their property. He stated that since it is apparent that Nathan Lane cannot be extended through railroad property, that he would propose termination of the roadway where It is presently. He also expressed concern about the land zoning and guiding. He stated that 10 or so years ago, Astleford paved 56th Avenue. He questioned whether the City would reimburse or share In the costs of that Improvement. Mayor Schneider sated that It was his opinion that the City would not. Public Works Director Moore stated that he was not sure of the standard to improve the road, but that they htive required substantial annual maintenance ever since its t:onstruct lon. RESOLUTION NO. 86-281 VACATINC DRAINAGE F— UTILITY EASEMENTS SCOVILLE BUSINESS PARK ADD. Item 7-D PUBLIC HEARING - UTILITY & DRAINAGE EASEMENT VACATION PLYMOUTH PLAZA STH Item 7-E RESOLUTION NO. 86-282 UTILITY EASEMENTS PLYMOUTH PLAZA 5TH ADD, Item 7-E PUBLIC HEARING - STREET & UTILITY IMPROVEMENTS BASS LAKE PLAZA Project 011-001 Item 7-F is 0 v Regular Council Meeting May 19, 1986 Page 124 Stephen Poindexter, 33 South 6th Street, Minneapolis, stated that the Pike Lake interceptor has been delayed. He questioned what the final deal was with Tennant and asked whether these costs were included in this project. Public Works Director Moore said that none of those costs were part of this assessment roll. Those costs are recovered through area charges. Mr. Poindexter asked why properties on the servicst road are being assessed higher. Fred Moore stated that all lane is being assessed the same per square foot. He explained the awthod of assessment. Mr. Poindexter asked if the area were large: then presumably square footage costs would be smaller. Public Yorks Director Moore stated that they may or may not be depending upon the additional costs which would be incurred in extending the Improvements to the larger area. David Peterson, 5240 Cottonwood Lane, said that he should be glad that the project is finally occurring since he has been requesting it for many years. He is concerned, however, that sewer is being stopped 1,000 feet short of his property. He asked for, the reason for this. Public Works Director Moore stated that the water main on County Road 10 would be completed with the upgrading of County Road 10 in 1987. Mr. Peterson's property could not be served until the Pike Lake interceptor sewer was extended and this project completed. Both projects are contained in the City's 1936 CIP. The next extension would be to the Peterson property, howe%er that project is not in the 1986 CIP. Mayor Schneider asked why the City did not put the two projects together. P011c Work il Director Moore stated the City Council would have the option of doing this, but engineering reports have not been completed for the project to serve the Peterson property and to request such reports now would unnecessarily delay the project ay: hand. Mr. Peterson stated that he believes the staff has been draggioig Its feet on the project and does not want the development on this property. Manager Willis said that the Council could order an improvement to serve the Peterson property by change order or by another contract. He stated that it would be desirable to see the owners to the immediate west develop as well. The City Is not intending to play favorites by forcing improvements in some areas and not others. Councilmember Vasiliou stated that she does not believe Mr. eterson is being treated respectfully. She wants to know what the costs for serving the Peterson property would be. Councilmember Crain stated that the procedure should to vote the avrrent project up or down. If the project is approved, then a determination would be made on the next sttsp. He does not believe thit this project shnuld be held up unoecessartly. Regular Council Meeting May 19, 1996 Page 125 Councilmember Stsk questioned the method of assessment if the is project were to be expanded. Manager Willis stated t Council to order this engineering report for the Peterson property, iat it would be most appropriate for the project and then order a preliminary the project to extend sewer westerly to Mayor Schneider closed the public hearing at 6:35 p.m. MOTION vas made by Councilmember Stsk, seconded by Councilmember RESOLUTION N0. "-283 Crain to adopt RESOLUTION N0,, 86-283 ORDERING IMPROVEMENT AND ORDERING PLANS PREPkRATION OF PLANS AND SPECIFICATIONS, BASS LAKE PLAZA AREA, STREET & UTILITY IMP. PROJECT N0. 011-001. BASS LAKE PLAZA AREA Project No. 011-001 Mayor Schneider asked whether it was appropriate to vote on this Item 7-F project without knowing the cost impact of adding the project to the west to this project. Councilmember Crain indicated that this hearing will not set assessment and that that question should be addressed later. OrIly a preliminary report would provide this information. Motion carried on a Roll Call vote, four ayes. Councilmember Vasiliou vuted nay. MOTION was made by Councilmember Sisk, seconded by Councllmember RESOLUTION NO 86-283A Zitur, to adopt RESOLUTION NO. 86-283A ORDERING THE PREPARATION ORDER PRELININVY OF A PRELIMINARY REPORT AND ESTIMATES FOR SANITARY SEWER ENGINEERING REPORT FOR IMPROVEMENTS FOR rROPERTY IMMEDIATELY WEST OF BASS LAKE PLAZA SANITARY SEWER TO SERVE AREA, PETERSON PROPERTY NOTION to amend was made by Councilmember Crain, seconded by Councilmember Sisk, that the preliminary report include neces- sary sewage improvements to serve the Peterson property and that such engineering study be undertaken by Bonestroo, Anderlik and Associates, and that a report be completed for receipt by the City Council at the June 16, 1986 meeting. Motion to amend approved, five ayes. Main motion was approved on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Council- PUBLIC HEARING - member Sisk, to take up Item 7-8, Assessment Hearing, 47th CONTINUATION - Avenue west. of Tammie Middlimist, City Project 609, ASSESSMENT HEARING 47TH AVENUE WEST OF Motion carried. TAMMIE MIDDLEMIST ADDITION Mayor Schneider questioned the Interest rate used for this project. Public Works Director Moore stated that State law allnws part payment of assessments. Regular Council Meeting May 19,, 1986 Page 126 Mr. Wayne Stroman indicated concern about project cost increase from $12,000 quoted in 1985 to $16,000 now. Public Works Director Moore stated that the original costs developed were ballpark figures for improvements in Tamnie Middlemist Addition. These earlier costs were much less formal and may not have included the same amount of work. Cost increases have occurred because of extra depth required for the sewer. Councilmember SIs% asked why bids meren't solicited. Public Works Director Moore stated that the project is being added as a charile order because unit prices are not likely to be more comp Aitive through. bid. Some costs have already been Incurred for the project and are accruing interest. MOTION was made by Councilmember Crain, to adopt RESOLUTION NO. PROJECT N0. 609, 47TH AVENUE ADDITION. Sisk, seconded by Council,nember 86-277 ADOPTING ASSESSMENTS, WEST OF TAMMIE MIDDLEMIST Motion carried no Roll Call vote, Vasiliou voted nay. MOTION was made Counclimember Crain, ASSESSMENTS, IROJECT MIDDLEMIST ADDITION. a four ayes. Councilmember by Councilmember Sisk,, seconded by to adopt RESOLUTION NO. 86-278 ADOPTING N04 649, 47TH AVENUE - WEST OF TAMMIE Motion carried on a Roll Call vote, four ayes. Councilmemter Vasiliou voted nay. MOTION was made by Councilmember Sisk, seconded by Councilmember Crain, to adopt RESOLUTION N0, 86-279 DEFERRED ASSESSMENTS - PROJECT 609, 47TH AVENUE - WEST OF TAMMIE MIDDLEMIST ADnITION. Motion carried on a Roll Call vote, four ayes. Councilmember Vasiliou voted nay. The Council recessed from 8:58 p.m. to 902 p.m. PETITIONS REQUESTS AND COMMUNICATIONS Community Development Director Tremere that this is a request for RPUD concept plan, preliminary plan and plat, conditional use permit and variance for Ivy Park Development Corporation for Ivy Park II. The Planning Commission reviewed this application at a public hearing in November, 1985 and recommended approval by unanimous vote. The City Council considered this Iter on November 18 and it was deferred for preparation of an Environmental Assessment Worksheet, The City Council gave the developer direction with respect to numerous issues when the EAW was approved in February, 1986. The revisions contained in the current application are an attempt by the developer to be RESOLUTION N8.-86477 AUrPTING Pk'! ,_'t CT 609 - 47TH AVS.- WEST OF TAMMIE MIDULEMIST ADD, Item 7-8 RESOLUTTION NO. 86.278 PhOJECT 609 - 47TH AVE. - WEST OF TAMNIE MIDDLEMIST ADD. Item 7-8 RESOLUTION NO. 86.279 BEFSHLNG PROJECT N0, 609 47TH AVENUE - WEST OF TAMMIE MIDOLEMIST ADD. Item 7-8 IVY PART II (RPUG 86-2; PRELIMINARY PLAN/PLAT, REZONING, CONDITIONAL USE PERN:T .qT, VARIANCE 84057) Item 8-A f ,_ 4 Regular Council Meeting Hay 19, 1986 Page 127 responsive to the City Counzil's direction. Included with the agenda item is a May 16 letter from the petitioner intended to address the requirements. Staff believes that the developer has been responsive to condition No. 26 by the recently received vegeta';fon survey of endangered species. A letter has also been received from a Mr. Cross, who is an attorney representing some of the neighbors. Public works Director Moore outlined the areas of concern by the developer with respect to the 40 ft* easement question. Couneilmember Vasillou questioned who the petitioner was. Community Development Direccor Tremere stated that Ivy Park Development represented by Kurt Laughinghouse was the designated applicant. The application was signed by the fee owners of the i.and. He explained the ownership interests in the property. Mr. Kurt Laughinghouse, 8209 Pennsylvania Road, 81 4mington, stated that he represents the ownership of the property. ohe original proposal submitted in 1984 had natural area, but did not include the 8 acres to the south. They are now back with the natural area as originally proposed. He statod that this project has received substantial scrutiny by the adjacent property owners. He believes that the resolution with 27 conditions is very thorough. They have problems with six of the 27 requirements. Specifically, they are: No. 2 - Removal of dead and dying trees. This should be limited to diseased trees only. No. 13 - Transitional screening and berming along the road. Consideration should be given to the constraint that berming can't be placed in DNR protected wetlands. No. 22 - The location of the no qrading lt.ne. They agree to the line, but not with an easement. No. 24 - The 913.1 elevation established by the DNR. The line Is reflected along the north edge of the property, but it does not reasonably establish the 913.1 line in the crescent shape pond. No. 25 - The 40 ft. protective easement was a "compromise" area set by the Council based upon DNR requirements and neighborhood desires. In the ease of Lots 1 and 2, Block 5, that line becomes much more than 40 ft., doesn't make sense, and is superfluous. No. 27 - The fence along the south edge of the property. It will protect all trees which are over 2-1/2 inches in diameter. He suggested that the haul road should be further sough along the south border of the property. 0 14 Regular Council beet 'r .j May 19, 1986 Page 126 Mr. John Cross, 3535 Bryant, Minneapolis, stated that he is an attorney represer;ting the residents in the area. He reviewed his letter and stated that items no. 3 and 4 affect Lots 1 and 2, ®lock S only. He wanted to assure that the entire area is to be protected from development. Item ne. S relates the culvert elevation. He stated that it is too low and should be the City's responsibility to readjust it. Mayor Schneider clarified that the culvert elevation was not the developer's responsibility. Item no. 6, the crescent -shape pond is the core of the controversy. The pond should not be reduced in any fashion nor should the nesting habitat be affected. Item no. 7 involves the nature study. Mother endangered specie study should be conducted since the recommendation from the State was that the study be enmpleted in June and not earlier In the year. Item no. 8: Lot 9, ®lock 2, should not be allowed to developed. Item no. 9 should only allow for one haul road. The old shed on the property should be removed by hand rather than by heavy equipment. The 40 ft. protective easement allows for too much free range to the developer to remove noxious weeds. Mayor Schneider stated that the City's ordinance and the State establissies a list of noxious weeds. Mr. Laughinghouse stated that the Corps of Engineer permitting is process will take care of several of the concerns; the. plans approved by the City for the grading will reflect the areas to be protected. Mr. John C. Almendinger, 402 South 6th Street, Stillwater, stated that he conducted the inventory of the plant species on the site ".n May. He identified various types of species, but found that the areas that would be disrupted are not occupied by endangered species. Otherwise the property contains some 45 different species. He stated that there is no single right time to conduct such a survey and that valid inform Alon can be obtained in May, June or July. He stated thot prior to excavation, an additional study can be performed. He stated that the vegetation along proposed haul roads is dominated by weeds and does not involve endangered species. Larry Luden, 4840 Union Terrace Lane, stated that he is con. cerned that the City's specifications and requirements estab- lished in November have not been followed. His group has been working closely with the City Council and Planning Commission only to find that the developer does not honor the specific requirements of the Council and that they must therefore reconsider requirements which have already been established. Regular Council Meeting Minty 19, 1486 Page 129 Leslie Eckholdt, 4820 Wellington Lane, expressed concern about the area of the lots on the west side. She felt that nine lots near her property are not an appropriate transition. Her lot is a very large one. She would like to see three lots instead of four on the most westerly portion to be compatible in density, and four lots rather than five on the portion east of there. She Is also concerned about the trees on the northwesterly lot, which is precipitous and will require filling. She believes that two haul reads are being considered because two developers may be involved In the project. Councilmember Crain stated that this is possible, but that the developers would still be subject to the conditions of the plan approval. Mayor Schneider also indicated that the City cannot restrict the number of developers. He commented that the density of this development is 1.85 dwelling units per acre, which is actually less than allowed for the area surrounding the Eckholdt property. Councilmember Sisk expressed concern about the propcsed second haul road. He believes it would be appropriate for only one over the proposed water main area. Extensive discussion ensued regarding the haul road locations. MOTION was made by Councilmember Sisk, seconded by Counciimember RESOLUTION NO* 86-284 Crain, to adopt RESOLUTION NO. 86-284 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR IVY PARK DEVELOPMENT PLAN FOR IVY PARK DSV. INCORPORATED FOR IVY PARK TWO (84057) IVY PARK TWO (84057) Item 8-A NOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember Crain, to add a condition No. 6 stating: All common open space areas shall be deeded to the Homeowners Association with the initial Final Plat. Notion carried, five ayes. Main motion as amended carried on a Roll Call vote, five ayes. 4011ON was made by Councllmember Sisk, seconded by Couivilmember RESOLUTION NO. -86-284A Crain, to adopt RESOLUTION NO. 86-284A, APPROVING RESIDENTIAL APPRWING RPUDo . PLANNED UNIT DEVELOPMENT, PRELIMINARY PL0/PLAT9 CONDITIONAL USE PLAN/PLAT, C.U.P. 8 PERMIT, AND VARIANCES FOR 13JRT LAUGHINGHOUSE, IVY PARK VARIANCES IVY PARK DEVELOPMENT INCORPORATED, FOR IVY PARK TWO (RPUD 66-2) (84057)0 TWO (RPUD 86-2) (84057) with an amendment to Condition No. 25, excluding Lots 1 and 2, Item 8-A Block 5 from the protective easeme"ts. MOTION was made by Councilmember Sisk, to revise erudition no. 27 to state that there %411 not be a haul road at the southerly edge of the property and that the fence will be eliminated. Notion died for lack of a second. 0 W, Regular Council Meeting may 19, 1986 Page 130 MOTION to amend the main motion was made by Councilmember Crain, seconded by Councilmember Vasiliou, adding a condition stating that, should the entire project be rough graded at the sama-! time, that there shall only be one haul road on the northiwr?y portion of the property. If grading takes place separately, :wo haul roads w:il be allowed, per the submitted plans. Extensive discussion ensued re.jarding the need for haul roads and the grading procedures for the development. Notion fai d, 4 -to -1. Councilmember Crain voted aye. MO 1ON to amend the main grotto•, was made by layor Schneider, seconded by Coun A lmember Sisk, to adu cond;tion no. 28 as follows: Two haul roads are approved, with the sout'herly road located as far south as possible avoiding as many trees as possit!e; the City forester shall be directed to mark trees to r)e saved to assure preservation during the excavation process with the Forester's time to be at the developer's expense; and, that the northerly h.:ut road be authorized in the licatlon shown on the submitted plans. Notion carried, four ayes. Councilmember Vasiliou voted nay. MOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember SISK, to revise cur;dition no. 27, to read as follows: A fence shall be installed on both sides of t1 e southerly haul road along the length of the road, and the distance betweete the fey , shall be no greater than 20 pt. Mutton carried, five ayes. MOTION to amend the main motion seconded by Councilmember +:rain, Motion carr led, five ayes. was made to delete by Mayor Schneider, condition no. 24. MOTION to amend the main motion was made by Mayor Srhneider, seconded by Councitioember Crain, to amend condition No. 12 to read as follows: Access shall be prohibited from Schmidt Lake Road and limited to local roads, and driveway access from Lot 1, Block 1, be as far as possible from Schmidt lake Read and access from Lot 1, 81oe.k 3 be onto 491th Avenue. Motion carried, five ayes. MOTION to amend the stain mottan was seconded by Councilmember Crain, to adding ", adjac;ent to Lot 1, Block shat: be peovided foi Saratoga Lane." Notion carried, five ayes. mdde by Mayor Schnetder, revise condition no. 13 by 1 exae; sight distance Js, I Regular Council Meeting May 19, 1986 Page 131 MOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember Crain, to add a new condition as follows: All common r,pern space areas shall be deeded to to Homeowner's Associatlor. with the initial final plat." Motion carried,. five ryes. MOTION to amend the main motion was made by Councilmember CraLn, seconded by Counciimember Zitur, to substitute "prohibit" for restrict" in cond'.tiun No. 22. Notion carried, five ares. Councilmember Cealn and Mayor Schneider reviewed the amendments and noted that issues raised by the petitioner and by the neighoors had been addressed. Thle Mayor .asked that a copy of the petitioner's report on endangered flan species be sent to the DNR for review. Main motixt to adopt the Resolution No. 86-284A as amended carried on a Roll Call vote, five ayes. MUTTON was made by Councilmember Sisk, seconded by Councilmember ORDINANCE -NO. 86-10 Crain, to adopt ORDINANCE N0. 86-10 AN ORDINANCE AMENDING THE XREA51M ZURTRE W. ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS EAST OF 48TH AVENUE (84057) NORTH AND VALLYE FORGE LANE AS R -1A (LOW DENSITY SINGLE FAMILY Item 8-A RESID''ENTIAL) DISTRICT. Motl.on carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Counclimember Crain, to adopt RESOLUTION NO. 86-2848, SETTING CONDITIONS TO BE M;:i PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED EAST OF 48TH AVENUE NORTH AND VALLEY FORGE LANE (84057) Motion carried on a Ru.11 Call vote, five ayes. At 11121 p.m. the City Council recessed until 11:30 p.m. MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86485 APPROVING FINAL PLAT AND DEVELOPMIENT CONTRACT FOR LUNDGREN 13ROTHERS CONSTRUCTION COMPANY FOR FOX RUN 3RD ADDITION (85077) (MPUD 83-1) . Motion carried on a Roll Call vote, five ayes. RESOLUTION NO: 86-2848 SETTING MR0111UNg' REZONING LAND 84057) Item 8-A RESOLUTION NA. 86-285 DEVELOPMENT CONTRACT FOX RUN 3RD (85077) MPUD 83-1) Item 8-B* MOTION was made by Councllmember Crain, seconded by RESOLLITION-NO. 86486 rouncllmember Zitur, to adopt RESOLUTION NO. 86486 SETTING RUM CONDITIONg" CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL FINAL PIAT PLAT FOR FOX RUN 3RD ADDITION FOR LUNDGREN BROTHERS CONSTRUCTION (85077) COMPANY ( 85077) . Item 8--8* Motion oareled on a Roll Call vote, five ayes. Regular Council Meeting May 19, 1986 Page 132 MOTION was Councilmember ASSESSMENTS, FO' RUN 3RD made by Zitur, to PROJECT N0, ADDIT'ON, Councilmember Crain, seconded by adopt RESOLUTION NO. 86-287 ADOPTING 614, SANITARY SEWER AND WATERMAIN AREA Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-288 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR AN OFFICE BUILDING FOR WELSH CONSTRUCTION COMPANY (86030). Motion carried on a Roll Call vote, five ayes. James Peterson asked whether condition no. 15 would require that the building be torn down. Manager Willis stated that this condition is Intended to advise any future owner to understand that, in the event of roadway improvement and widening of Vicksburg Lane, the road could be within 8 feet of the residence. Mr. Peterson was advised that the house is now non -conforming and that status will continue. MOTION was made Councilmember Crain, PRELIMINARY PLAT AND FOR WILLOWOOD NORTH by Councilmember Vas iliou, seconded, by to adopt RESOLUTION NO, 86••289 APPROVING VARIANCE FOR JAMES C. PETERSON & ASSOCIATES 86033). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, Councilmember Crain, to adopt ORDINANCE NO. 86-11 ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS OF RPUD EAST OF VICKSBURG LANE AT 48TH AND 49TH AVENUES VICKSBURG LANE) TO R -1A (LOW DENSITY SINGLE FAMILY DISTRICT. Motion carried on a Roll Call vote, five ayes. MOTION was made t Councilmember Crain, CONDITIONS TO BE MET LAND LOCATED EAST OF NORTH (4830 VICKSBURG seconded by AMENDING THE 84-4 LOCATED NORTH (4830 RESIDENTIAL) y Councilmember Vasiliou, seconded by to adopt RESOLUTION NO, 86-290 SETTING PRIOR TO PUBLICATION OF ORDINANCE REZONING VICKSBURG LANE AT 48TH AND 49TH AVENUES LANE) (86033). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Councilmember Zitur, to adopt RESOLUTION REDUCTION OF SITE. PERFORMANCE GUARANTEE C. EDWARD SHEEHY (85092). Crain, seconded by N0. 86-291 AUTHORIZING FOR OAKLAND PROPERTY, Mottoit carried on a Roll Call vote, five ayes. RESOLUTION N0, 86-287 SAN. SEWER & WATERMAIN PROJECT NO. 614 Item 8-B* RESOLUTION N0: 86-288 XMSW PLAN C.U.P. (86030) Item 8-C* WILLOWOOD NORTH Item 8-D RESOLUTION N0. 86-289 14C PRELIVT M, VARIOICE - WILLOWOOD NORTH (86033) Item 8-D ORDINANCE N0. 86-11 RPUD 84-4 (86033) Item 8-D RESOLUTION N0. 86-290 SETTING MRUITIM' 86033) Item 8-D RESOLUTION NO. 86-291 MANCE GUARANTEE OAKLAND PROPERTIES 85092) Item 8-E* I Regular Council Meeting May 199 1986 Page 133 MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-292 REVISION OF SPECIAL ASSESSMENTS, LEVY N0, 9(939 10052 AND 10053. Motion carried on a Roll Ca..l vote, four ayes. Councilmember Zitur abstained. Councilmember Vasiliou asked whether lien waivers have been filed against Burchville Construction for non-payreent of bills. She stated that this is the kind of information the City Council needs In order to know whether vendors should be denitti or allowed City business. Mayor Schneider said that the retainer sh)uld not be cut from 5% to 2-1/2%. MOTION was made by Mayor Schneider, seconded by Councilmember Vasiliou to adopt RESOLUTION NO. 86-293, DENYING REDUCTION OF RETAINAGE. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-294 REDUCING DEVELOPMENT BOND PARKERS LAKE FARM SECOND ADDITION (86013). Motion carried on a Roll Call vote, five ayes. Councilmember Vasiliou asked whether to accommodate the bike trail were Director Moore stated that it wil parkinq will be regulated by signage, or not the proposed changes In writing. Public Works be In writing and that MOTION was made by Councilmember Sisk, seconded by Councilmember Crain, to .1dopt RESOLUTION NO. 86-295 APPROVING PLANS AND SPECIFICATIONS STATE PROJECT 2737-139 15, HIGHWAY 101 IMPHOVEMF:lS, CITY PROJECT N0. 413. Mott^n carried on a Roll Call vote, four ayes. Councilmember Vasiliou voted nay. Councilmember Crain stated that only economic arguments were given to support the variance to Northern States Power Company from Plymouth's underground utility ordinance. As he understands, economic basis are not the grounds for a variance under the ordinance. Larry Benson, Northern States expediency are the two ma.ln Overhead relocation would be ground will cost $50,000. City Attorney Thompson stated this matter prior to the City the permit so that the ramifications of Its dexnLal, Power, stated that economics and reasons for the this request. 5,000 to $7,000, while below that he Council Council would l Ike to Investigate taking any action to deny will be aware of any RESOLUTION N0. 86-292 REVISION OF -1SSM T LEVY 96939 10052 & 10053 Item 8-F• RESOLUTION N0, 86-293 RETAINAGE, PROJECT 427 Item 8-C RESOLUTION N0, 86-294 A .BONU PARKERS LAKE FARM 2ND 86013) Item 8 -HM RESOLUTION N0, 86-295 APPROVING PLANS & C. HWY 101 IMPROVEMENTS CITY PROJECT 413 Item 8-1 NORTHERN STATES POWER COMPANY - VARIANCE REQUEST - UNDERGROUND UTILITY ORDINANCE Item 8-J llSll Regular Council Meeting May 19, 1986 Page 134 MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to table this Item until the June 2 meeting, Motion carried. MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-296 DECLARING ADEQUACY OF PETITION AND ORDt=RING PREPARATION OF REPORT, STREET LIGHTING - WINDEMERE DRIVE A\ID GLEARLOCH 2ND ADDITION. Notion carried on a Roll Call vote, five ayes. MOTION was made by Courcilmember Crain, seconded by Councilmember Zitur„ to adopt RESOLUTION NO. 86-297 ACCEPTING WORK - FORSTER SANITARY SEWER IMPROVEMENT. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 86-298 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 309 1986. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND C%1MISSIONS Councilmember Sisk asked that the proposed meeting with respect to bikeway improvements on County Road 15 be scheduled for the June 23 meeting, inste:ld of the June 9 meeting. He also suggested that public hearing for renaming of old Coonty Road 15 be conducted on the same night. The Council concurred with this recommendation. The staff will make the necessary arra igements for notifications, Councilmember Crain questioned the $6,000 City charge for on -sale liquor. NOTION was made by Councilmember Crain, seconded by Councilmember Zitur, to revise Ordinance No. 86-12 to provide for a $7,000 on -sale liquor license. Motion carried, four ayes. Councilmember Vasiliou voted nay. MOTION was made by Councilmember Zitur, seconded by Mayor Schneider, to revise the wine license to $2,000. Councilmember Crain expressed concern that the wine license does not create substantial police enforcement problems. 0 RESOLUTION 140. 86-296 MW&"Lw "&VV" I STREET LIGHTING WINDEMERE DRIVE 8 GLEANLOCH 2ND ADD. Item 8-K* RESOLUTION N0. 86-297 ACCEPTING WORK - FORSTER SAN. SEWER Item 8-L* RESOLUTION N0. 86-298 Item 8-M* CTY, ROAD 15 BIKEWAY Item 9-A LICENSE 8 PERMIT FEES Item 9-B 11bil Regular Council. Meeting Nay 19, 1986 Page 135 MOTION to amend was made by Mayor Schneider, seconded by Councilmember Crain, to revise the wine license to $1,750. Motion carried on a Rcll Call vote, three ayes. Councilmembers Vasiliou and Zitur voted nay. MOTION was made by Councilmember Schneider, seconded by Councilmember Zitur, to revise the set-up license to $200, but to retain nog: -profit set-up licenses at $11.00. Motion carried, three ayes. Councilmembers Vasiliou and Sisk voted nay. Staff was directed to contact the West Medic!re Lake Community Club indicating that the Council is considering an Increa:-e this license rate for non-profit consumption and display license. MOTION was made by Councilmember Crain, seconded by Councilmember Sisk, to adopt ORDINANCE NO. 86-12 AN ORDINANCE RELATING TO LICENSE FEES; PERMIT FEES AND OTHER FEES AND CHARGES; AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 101.01, 1015.071 1015.11, 1015.139 1015.17, 1015.19, 1015.23 AND 1015.27 as amended. Motion carried on a Roll Call vote, five ayes. Manager Willis explained that he was seeking to formalize a method of assuring that the staff would know when the Council desired information on a specific subject. He recommended that such requests be made through formal motion if brought up at Council meetings, so that they can be Included In the minutes. Discussion ensued with respect to the amount of formality required to assure requests for information are followed up. Councilmember Vasiliou expressed concern about having to clear all of her requests with the remainder of the Council. She stated that if she needs information to conduct her job, she is not going to seek approval by the Council to do it. Councilmember Crain explained that he shares Councilmember Vasillou's concerns and he would hope that if there Is a burden created by requests for Information, that the Manager would advise the Council. Manager Willis stated that it was not so much a question of workload or timing, as one of assuring that staff would be accountable for providing information that the Council desired. There was a consensus that requests for information requiring research be made in writing or have such requests converted to writing by phoning into the Manager's secretary or the City Clerk. The Council directed that Counclimembers Sisk and Crain work with Manager Willis to incorporate 4 Council direction process In the Manager's performance appraisal process for 1986-87. ORDINANCE 40.X6.12 AMENDING 'L?CEINtSE'r ES, PERMIT FEES & OTHER FEES Item 9-8 COUNCIL DIRECTIVES TO STAFF Item 9-C S Regular Council Meeting May 19, 1986 Page 136 is The City Council reviewed the proposed guidelines for requesting City contributions to playground improvements. MOTION was made Crain to adopt GUIDELINES FOR IMPROVEMENTS. Motion carried Vasiliou voted by Councilmember Sisk, seconded by Councilmember RESOLUTION HO, 86-2990 A RESOLUTION APPROVING REQUESTING CITY CONTRIBUTIONS TO PLAYGROUND on a Roll Call vote, four ayes. nay. Public Safety Director Carlquist reviewed recommendation on Phase One activi`-Aas avid costs. Vasiliou asked what Fire Chief Robinson's role has Station No. 3. Fire Chief Robinson suited that primarily involved in staffing up for the Identifying the approximate location. Councilmember Vasillou asked Mr. Boarman about the site. Mr. Boarman outlined various rating be included in the evaluation. Councilmember direct costs are likely to be. Mr. 13oarman not likely exceed $500. MOTION was made by Councilmember Zitur, to THE CITY TO ENTER INTO COMPLETE PHASE ONE NEED Councilmember adopt RESOLUTION A CONTRACT WITH ANALYSIS FOR FIRE Councilmember the Boarman Councilmember been in Fire he has been station and his priorities in areas which would C* - :in asked what stated they would Crain, seconded by NC. 86-300 AUTHORIZI14 BOARMAN ARCHITECTS TO STATION N0, 3. Motion carried on a Roll Call vote, five ayes. Public Works Director Moore Introduced the purpose of the Pavement Management Program and indicated that Short -Elliott -Hendrickson, Inc. would undertake the program for the City. Through using the program, the City would better be able to identify those streets which require major improvement and minor improvement, and plan accordingly for their repair and maintenance. MOTION was made by Councilmember Zitur, seconcded by Councilmember Crain, to adopt RESOLUTION NO. 86-301 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT WITH SNORT-ELLIOTT-HENDRICKSON, INC. TO CONDUCT A PAVEMENT MANAGEMENT STUDY IN ACCORDANCE WITH OPTION 2 AS OUTLINED IN THEIR PROPOSAL DATED MAY 1, 1986. Motion carried on a Roll Call vote, five dyes. U RESOLUTION N0. 86-299 CITY CONTRIEUTIONS TO PLAYGROUND TiP':OVEMTS Item 9-D FIRE STATION 11.1 !LEEDS ANALYSIS PROPOSAL Item 9-E RESOLUTION N0. 86-300 FIRE STATION MOe 3 NEED ANALYSIS COMTRICT Item 9-E RESOLUTION N0. 86-301 AUTHORIZING - `VEWNT MANAGEMENT STUDY CONTRACT Item 9-F is r Regular Council Meeting May 19, 1986 Page 137 Cauncilmember Vasillou expressed concern that the settlement with respect to the Gordor Bluhm property is a 50% reduction in special assessments. Public Works Director Moore stated that this appeal has been pending since 1980, and it appeared to be a fair settlement to both the City and the property owner. City Attorney Thompson stated that the property was appraised and the appraisal justified a special benefit of approximately $3,800. NOTION was made by Councilmember Crain, seconded by Couiicilmember Zitur, to adopt RESOLUTION NO. 86-302 REDUCTION OF SPECIAL ASSESSMENTS, LEVY N0, 7651. Notion carried on a Roll Call vote, five ayes, NOTION was made by Counctime aber Crain, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-303 AUTHORIZING SUBMISSION OF CITY OF PLYMOUTH GRANT APPLICATION FOR YEAR XII TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Notion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-304, A RESOLUTION DETERMi-N,ING CITY MANAGER PERFORMANCE AND PERFORMANCE BONUS, with the addition that the Manager's performance meets expectations and that he Is entitled to 95% of the performance incentivN bonus. Councilmember Vasiliou stated that she has had difficulty getting information and that her vote was for no bonus. Nntion tarried on a Roll Call vote, four ayes. Councilmember. Vasillou voted nay. Public Works Director Moore Indicated that he has received all paperwork from Beeiman for the solid waste recycling program, but that he believes that Beerman would Ilk&. to get out of the contract. He has received quotations from a firm which operatges under the acronym of WASP. They are willing tc take over the 9eerman contract at the same price, ext pt that any collection in excess of 80 tons per months would require extra City contribution, If the Council desires, he will. work in this direction. the City Attorney's office kill assist In this effort. MOTION war made by Councilmember Crain, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 86-305A, A RESOLUTION REVISING AGREEMENT FOR RECYCLING SERVICES. Motion carried on a Noll Call vote, five ayes. R SPECIAF REESOL NO, 86-302 ASSESSMENTS, LEVY 7651 Item 9-G RESOLUTION N0. 86-303 APPROVING YEAR X1 COMM, DEV. BLOCK GRANT FUNDING 6 PROGRAMS Itan 9-H* RESOLUTION N0. 86-304 PERFORMANCE REVIEW Item 9-I RECYCLING Item 9-3 STATUS REPORT RESOLUTION N0. 86-305A RECYCLING SERVICES Item 9-3 0 Regular Cauncil Meeting May 19, 1966 Page 138 The Council reviewed Report. Councilmember location of the f l.11 reported on the f i 11. OTHER ITEMS the Public Works Improvement Status Vaslliou asked abo:at Project 534 and the Dick Pouliot, Project Coordinator, Mayor Schneider stated that he would like tc; schedule on June 9 at 7:30 p.m. a meeting for property owners living adjacent to new County Road 9. The Council a%ked that property owners along old Cour:ty Road 9 north to include all of Westridge and west to Sagamore be advised of the meeting. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, requesting City staff to prepare a report on 40th Avenue North with respect to the break-up caused by the contractor. The report should address whe.:her there was an agreement with the contractor to allow him to operate during road restrictions, Including the nrovisions of tha16- aareement. The report should also be responsive to whether per-ei is or tags were issued, aid how telephone calls from the public were handled on this matter. Motion .tarried. Mayor Schneider reminded Councilmembers tiNdt June 9 will also be the night for the ONR meeting at 6:30 p.m. Manager Willis gave the Council an update on the Groves Office Park development. He asked for City Council concurrence on the staff proposed handling of the EAW. He also talked about the Stragar-Roscoe study regarding the intersectlon of the service road on Highway 550 The Council concurred with the Manager's recommendations. The meeting was adjourned at t:13 a.m. PUBLIC & CAPITAL IMPROVEMENT STATUS REPORT Item 9-K COUNTY ROAD MEETING 9 IhFOR . REQUEST FOR REPORT ON 40TH AVENUE GROVES OFFICE PARK