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HomeMy WebLinkAboutCity Council Minutes 10-06-1986M I N U T E S REGULAR COUNCIL MEETING OCTOBER 60 1986 A regular meeting of the Plymouth City Council order by Mayor Schneider at 7:30 p.me to the Chambers of the City Center at 3400 Plymouth October 6, .986e was called to City Council Boulevard on PRESEK(: Mayor Schneider, Councilmembers Crain, Zitur, and Vasillou, Manager Willls, Assistant Manager Boyles, Public Works Director Moore, Planning Director Tremere, Park Director Blank, Finance Director Hahn, City Attorney Kennedy, and City Clerk Brandt ASSENTS CounclIm tuber Sisk PROCLAMATION Mayor Schneider proclaimed the week of October 20-24 as National Business Women's Week. CONSENT AGENDA MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt the consent agenda with the deletion of items 7-A, 7-B, 7-N-5, and 7-S and the addition of Item 7-E. Motion carried on a Ryall Call vote, four ayes. MIWJTES MOTIOP was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to approve the minutes of the September 29 special Council meeting as submitted. Notion carried on a Roil Call vote, four ayes. PUBLIC HEARINGS Mayor Schneider opened the public hearing at 7:37 p.m. Ita one chose to speak and the hearing was closed at 7:37 p.m. MOTION was made by Councllmember Zltur, seconded by Councilmem- ber Vaslliou, to adopt RESOLUTION NO. 86-640 APPROVING ON -SALE NON -INTOXICATING MALT LIQUOR AND WINE LICENSES FOR PETER BIH, THE TEA HOUSE RESTAURANT. Notion carried on a ROIL Call vote, four ayes. PROCLAMATION CONSENT AGENDA Item 4 MINUTES - SPECIAL COUNCIL MEETING SEPTEMBER 29. 1986 Item S• PUBLIC NEARING - THE TEA HOUSE Item 6-A RESOLUTION N0. 86-640 vn-an« nn`v 64mu AND WINE LICENSES THE TEA HOUSE Item 6-A u Regular Council, Ilreting Ocher 6, 1986 Page 268 Mayor Schneider opened the public hearing at 7:38 p.m. No one chose to speak and the hearing was closed at 7:38 p.m. MOT14% was made by Council ember Vasiliou, seconded by Council - member Crain, to adopt RESOLUTION N0. 86-641 AUTHORIZING THE VACATIOM OF UTILITY AND DRAINAGE EASEMENTS, PLYMOUTH ORCHARDS 2ND ADDITION, LOT 39 BLOCK le Notion carried on a Roll Call vote, four ayes. Mayor Schneider opened the public hearing at 7:39 p.m. No one .hose to speak and the hearing was closed at 7:39 p.m. MOTION was made by Counclimember Crain, ber Vaslliou, to adopt RESOLUTION N0, VACATION OF A PORTION OF COUNTY ROAD 6 HIGHWAY 101 AND COUNTY ROAD 60 seconded by Councilmem- 86-642 AUTHORIZING THE AT THE INTERSECTION OF Motion carried on a Roll Call vote, four ayes. Mayor Schneider opened the public hearing at 7:40 p.m. No one ;hose to speak and the Mayor closed the hearing at 7:40 p.m. NOTION was made by Counellmembe+r Crain, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION N0. 86-643 ADOPTING ASSESS- MENT, 1986 REMOVAL OF DISEASED TREES in the amount of $6,733.10. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 86-644 ADOPTING ASSESS- NEMT, 1986 DELINQUENT UTILITIES AND ANNUAL STREET LIGHTS in the amount of $116,457.11. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councllmember Craln, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTI014 NO. 86-645 ADOPTING ASSESS- MENT, 1986 WEED ERADICATION AND DESTRUCTION in the amount of 2,568.28. Motion carried on a Roll Call vote, four ayes. PETIT:--i+a TS AND COMMUNICATIONS Greg Frank, representing Paul Suomala, stated the project Is a v son of one parcel which includes Mr. Suomala's house. Uur- ing plan review, he assumed that there would be two accesses on- to 6th Ave. The Planning Commission has reconnended, however, that there be one access. Mr. Suomala is concertied now with the PUBLIC HEARING - PLYMOUTH ORC IARDS 2ND Item 6-B RESOLUTION NO. 86-641 PLYMOUTH ORCHARDS 2ND ADDITION Item 6-B PUBLIC HEARING - HWY 101 6 C.R. 6 Item 6-C RESOLUTION NO. 86-642 STREET N HWY 101 a c.r. 6 Item 6-C PUBLIC HEARING - DELINQUENT UTILITIES Item 6-D RESOLUTION NO. 86-643 ADOPTING ASSES SME 1986 TREE REMOVAL Item 6-D RESOLUTION N0. 86-644 XMMffrXMSMENT 1986 DELINQUENT UTILITIES Item 6-0 RESOLUTION N0. 86-645 WEED ERADICATION Item 6-0 PRELIMINARY PLAT PAUL SUOMALA ADDITION 860761 Item 7-A 0 r s• 19" Fop 2" poq•d assessaes. Because o7 the one, access, he believes consi0oration should be given to the idea of this having benefit for ride lot. Reterence was made to the petitioner's October 3 letter. Paul Suawla, 430 Vine000d Lane, stated that this request is on the advive of real estate people who are helping his hw lle the property. MMyor Schneider stated both units have aqual access to 6th Ave., and both properties still have benefit of the road and, he dodsn't understand the basis of the request. Nre frank stated the joint access would limit the marketability of the property. Discussion followed on the cost of the utility installation as compared with other lots InPlymouth, Director Moore pointed out that this property was not assessed for 6th Ave.. improvements because there was not to be access from these lots. Mir. frank stated Mr. Suomala doesn't feel he can install the utility services for the price of the assessment and mould rather the City do the work and assess him for it. They are still requesting a reduction of the proposed curb and gutter assessment because there will only be one access. It they must pay for the access, they rant to decide where it will be. Mayor Schneider stated the City always decides access locations. Couneilmember Crain stated he doesn't see any reason to change the City's policy in terms of assessing the street, curb, and gu;:ter to those homes that use It. MOTION was made by Councilmember Crain, seconded by Couneilmem- ber Vasillou, to adopt RESOLUTION N0. 86-646 APPROVING PRELIMI- NARY PLAT FOR PAUL SUOAALA FOR SUONALA ADDITION (86076) adding condition 010 as follows: "At the request of the developer, in conjunction with the final plat, the City will install the sewer and grater services it the developer agrees to the total assess- ment of $33,047.55. Motion carried on a Roll Call vote, tour ayes. Couneilmember Vasiliou questioned the requirement of the deline- ators stating she thinks they should not be required in order to accomoodate: large trucks using the parking lot and to facilitate snow removal. Director central Tremere stated that semi -trucks do not park In the area where the delineators are being proposed. RESOLUTION NU. 86446 SUOMALA .ADDITION 86076) Item 7-A C.U.P., SITE PLAN d VARIANCE, PERKINS FAMILY RESTAURMT Item 7-8 mor Cowell ILbetirq v "CtoOlr 6, 19" Page 270 r v Couneihumber Vasiliou stated she believes the lot is constrain- ed &W sees a problem with traffic backing over the delineators. Lamy Redden, representing Perkins Family Restaurant, stated the delineatorIsland has to be 34 ft. wide and this could require deletion of up to six parking spaces., He aided that they have suis making deliveries whieh..would have a problem. Discussion followed on the point at which delineators are re- quired by the City. Director Tv re stated they are required in new developments. In this case, with this many stalls, an additional area of dam lineation was calculated per the landscaping policy. NOTION was made by N&yor Schneider., seconded by Councilmeimber Crain, to adapt RESOLUTION NO. 86447 APPROVING A CONDITIONAL USE PERMIT SITE PLAN AMENDMENT AND VARIANCE FOR PERKINS FAMILY RESTAURANTS AT 2945 EMPIRE LANE (86101). Notion carried on a Roll Call vote, three ayes. Councilmember Vasillou voted nay. Manager Willis stated staff's recommendation is to deny the lot division and variance and the Planning Commission has recommend- ed that the Council approve the request. Erwin Stobbe, petitioner, stated he would be tearing down the OX13tiAg house to eliminate an eyesore and all the neighbors approve of their plan to divide the lot. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION N0, 86-648 APPROVING LOT DIVISION AND VARIANCES FOR ERWIN 6 KEVIN STOBBE (86103). Notion carried on a Roll Call vote, four ayes. LOTION was made by Councilmember Crain, seconded by Councilmem- ber Zltur, -to adopt RESOLUTiMl N0. 86-649 SETTING CONDITIONS TO BE NET PRIOR TO FILING AND REGARDING LOT DIVISION FOR ERWIN 6 KEVIN STOWFOR 12220 28TH AVENUE (86103) adding the following to condition No. 71 "The p?oposa.l incorporates land from vacat- ed Larch Lane and will enhance the existing lots." Notion carried on a Rol! Call vote, four ayes. NOTION was made by Counctlmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-650 APPROVING PRELIMINARY PLAT FON 3" HATZUNG, BERT 6 ASSOCIATES FOR BERG ADDITION 86093). Notion carried on a Roll Call vote, four ayes. RESOLUTION NO. 66-647 C.U.P. SITE PM , AMENDMENT 6 VARIANCE PERKINS RESTAURANT 86101) Item 7-B LOT DIVISION 6 VARIANCE ERWIN 6 KEVIN STOWE 86103) Item 7-C RESOLUTIOM N0. 86-648 DIVISION A VAR ERWIN 6 KEVIN STOBBE 86103) Item 7-C RESOLUTION N0. 86-649 LOT DIVISION ERWIN 6 KEVIN STOBBE 86103) Item 7-C RESOLUTION N0, 86.650 PRELIM "NAT BERG ADDITION ( 86093) Item 7-D* lb9olar Council Nee:ing October 61, 1986 Page 271 NOTION was ate by Cowicilmeober Crain, seconded by Counciloem- bet Zitur, to adopt RESOLUTION N0. 86-651 AMOVING FINAL_ PLAT AND DEVE!.OPMEIIT CONTRACT FOR JOHN HATIUNG, BERG A ASSOCIATES FOR BERG ADDITION (86C9)). Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zit;ir, to adopt RESOLUTION NO. 86-652 SETTING CONDITIONS TO BE NFT PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR BERG ADDITION FOR JOHN HATZUNG, BERG b ASSOCIATES (86M). Notion carried on a Roll Call vote, four ayes. NOTION was mide by Councilmember Crain, seconded by Councilmem- ber Zittir, to adopt RESOLUTION N0,, 86-653 ADOPTING ASSESSMENTS, PROJECT NO. 6580 SANITARY SEWER AND WATERMAIN AREA, BERG 2ND ADDITION in -6he amount o-' $4,136.58. Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION N0. 86-654 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT FINAL PLAN/PLAT AND DEVELOPMENT CON- TRACT FOk TYRELL FOURTH ADDITION FOR HANS HAGEN HOMES, INC. 86107) (RPUD 79-2). Motion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber. Zitur, to adopt RESOLUTION N0. 86-655 SETTING CONDITIONS TO BE ALT PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR TYRELL FOURTH ADDITION FOR HANS HAGEN HOMES, INC. (86107) (RPUD 79-2). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Iltur, to adopt RESOLUTION NO. 86-656 ADOPTING ASSESSMENTS, PROJECT N0. 6599 SANITARY SEWER AND WATER14AIN AREA, TYRELL FOURTH ADDITION in the amount of $12,060. Notion carried on a Roll Call vote, four ayes. Richard Michelizzi, 9735 29th Ave., stated he designed this house himself w t doors from the living room to the proposed deck. Nothing was said when the house plans were reviewed by the building department about the location and size of the future deck. Now, when he wants to build the deck, he was told a variance would be required to encroach into the side yard. That variance request was denied by the Board of Zoning Adjust- ment and Appeals. His understanding was that, when the French doors were approved, a variance was routinely given%to accommo- date the deck. He believes he meets the variance requirements. The issue is not with the deck but the use of the doors which, RESOLUTION N0. 86-651 CONTRACT, BERG ADDITION (16093) Item 7-D* RESOLUTION k). 86-652 FINAL PLAT BERG ADDITION ( 86093) Item 7-D* RESOLUTION N0, 86-653 ADOPTING X55ESSMENTr SEWER 8 WMERNAIN PROJECT 653 Item 7-D* RESOLUTION N0. 86-654 RPUD-Fr.NAL PIANJPLAT-8 DEVELOPMENT CONTRACT TYRELL FOURTH ADDN. 86107) Item 7-E* RESOLUTION N0. 86-655 FINAL PLAN/PLAT TYRELL FOURTH ADN. 86107) Item 7-E* RESOLUTION! N0. 86-656 SEWER 6 WATERMAIN AREA TYRELL FOURTH ADDN. PROJECT 659 Item 7-E* BOARD OF ZONING APPEAL CHARD MICHELIZII tem 7-F p - War 00"11 '"Iett" OotioMer i, 19" b. Page V2 1' at this point, lust drop off 7-8 ft* into the yard. His adja- cent neighbor approves the plan. Ibgror Schneider pointed out that this lot doesn't have unusual teerain. Steve Nusatto, Board of Adjustments and Appeals Commissioner, staled My tried to work on the proposal but there are three things they had a problem with: 1) the side exit through the set of doors to the rear deck was not an actual planned deck, only optional aemosl 2) the house was a custom how designed by the owner and they should accept the idiosynerasles which go along with. itl and 3) with the multi-level deck on the sack of the home, they would still have five exits to the deck and a sixth was not necessary. Ken Anderson, Board of Adjustments and Appeals Commissioner, agived and sated he also felt that with the multiple access to the rear of the house no hardship was involved. The Board thor- oughly reviewed the plans, and didn't believ® the variance cri- teria were met. Couneilmember Vaslliou stated she doesn't like to try to deter- mine where the error came in, and she believes steps were taken by the City to insure it doesn't happen again. She also believes six exits are over and above reasonable use and would uphold the denial. NOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 86457 DENYING APPEAL BY RICHARD T. NICHELIZZI OF BOARD OF ZONING AD3USTIENTS AND APPEALS Rt1LING. Motion ea:ried on a Rnll Call vote, four ayes. Steve SondreLl, attorney for Mr. Moles, s;,ated Me. Moles went to We cy w .,n tt.'e f erre was nonstructed 4nd received a sheet stating the setback requirements and constructed tree fence In ac:curuancs Frith it. In 3anuary the Associate Planner contacted Mr. Moles tolling him that the fence was in violation of the or-, dinmee because .tot was on a front lot link. The house is on a corner lot. Mr. Moles interpreted the lot line as a side lot line. The fer,se is 60 ft. from she corner of 46th Ave. and Arrowwood Lane and 145 ft. from 46th Place and Arrowwood Lane. The Board of Zoning has ruled on the basis that the ordinance prohibit.i a 6 ft6 high fence in a front yard. He doesn't believe they have violated an ordinance but are will. Ing to go the route of a variance. There aren't any hr,%eses fronting on Arrowrwod Lane so this is not a traffic hazard. Hs submitted a petition signed by neighbors indicating they did not have a problem with the fence. Larry Oarofsk , Chairman stated they 1poked hard sequence of events. Tiie of.way. Because thio of the Board of Zoning Adjustment, at this request and summarised the fences is 6 inches onto the City right - is a normal residential street, the RESOLUTION NO. 86457 BOARD 01' ZONING RULING RICHARD HICHELIZZI Item 7-F BOARD OF ZWING APPEAL RAYMOND MOLE'S Item 7-G 1i , granting of this variance would set a precedent throughout the City. It there ft a problem with the ordinance, the Council will have to decide. The! Board believes staff interpreted the ordtnanee correctly and that the ruling should be upheld. The. Woo On the ruling primarily and not height variance. Director Tramere stated that the handout Nr. Moles got at the Information counter did not make it clear that. both the streets were considered front yards. Steps have been taken to make this clearer. He clarified the dr.t'inition of a side yard and front yard. The fence can ton an obstruction In visibility. Raymond Notes, 11200 46th Ave., stated the truce is in line with e yard stake of his property but does encroach by a few inches Into the right-of-way. He will take steps to move the fence and suggested permits be required for fences in the future or the ordinance bo rewritten to keep this tros happening again. Counailmmdmr Crain stated that, in this situation, it doesn't hinder the sight lines of the neighbors, but it would set a pre- cedent where it could or would and he can find no rationale within :he variance requirements that this site would meet. NOTION was made by Councilmember Crain, seconded by Councilmem- ber titur, to adopt RESOLUTION NC. 86-658 DENYING APPEAL BY RAY- MOND HOLES OF BOARD OF ZONING MOUSTMENTS AND APPEALS RUL INC. Motion carried on a Roll Call vote, tour ayes. NOTION was made by Mayor Schne!der, seconded by Councilmembee titur, directing that the City participate 1•n 50% of the coot of relocation of the 6 ft. fence and that, in the event the home- owner would want to relocate the fence himself, estimates be ob- tained for the total relocation and the estimated cost be split. Mr. Moles noted that he could elect and relocate it a few inches so it Mayor concurred, explaining that the applies to moving the 6 ft, fence ordinance. Notion carriede tour ayes. to rea ice the fence height was on his property. The shared relocation cost only to the proper location, per NOTION was made by Council.mewber Crain, seconded by Councilmem- ber titur, direaing staff to draft lanjuage amending section 10, subdivision d, to clarity %,o a setback requirements regarding residential fences on all corner lots and yards for Planning Commission review. Notion carried, four ayes. RESOLUTIA Me 86-658 BOARD OF IONING (RULING RAYMOND MOLES Item 7-C Regular Council Meeting October 6, 1986 Page 274 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-659 AUTHORIZING REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR FOUR SEASCNS AUTO- MOTIVE (85012) to $10,000. Notion carried on a Roll Cal..-.ote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-660 AUTHORIZING REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR BURGER KING COR- PORATION (85003) to $10,000. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION N0. 86-661 AUTHORIZING REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR JOHN HARLAND COM- PANY (85060) to $15,000. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-662 AUTHORIZING REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR ADVANCE MACHINE COMPANY (85046) to $20,000. Notion carried on a Roll Call vote, four ayes. Councilmember Vasiliou questioned a -id how it was arrived at. the amount of the reduction Director Tremere explained how the a.nounts were calculated for reductions of financial guarantees. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 86-663 AUTHORIZING REDUC- TION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR THE GYM TRAINING AND FITNESS CENTER (86020) to $10,000. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION N0. 86-664 AUTHORIZING REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR NATHAN LANE ASSO- CIATES (85058) to $101000. Motion carried on a Roll Call vote, four ayes. MOTION was made by Courcilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION N0. 86-665 AUTHORIZNG RELEASE OF SITE: PERFORMANCE GUARANTEE FOR BANNER ENGINEERING (A-311). Motion carried on a Roll Call vote, folir ayes. RESOLUTION N0. 86-659 BOND REOUCTION FOUR SEASONS AUTOMOTIVE 85012) Item 7-H-1« RESOLUTION N0. 86-660 BOND RE03ETION BURGER KING CORP. 85003) Item 7-H-2* RESOLUTION N0. 86-661 BOND REBUCTION JOHN HARLAND CO. 85060) Item 7 -H -3* - RESOLUTION NO. 86-662 BOND REDUCTION ADVANCE MACHINE CO. 85046) Item 7-H-4* RESOLUTION N0. 86-663 BOND MUMS THE GYM (86020) Item 7-H-5 RESOLUTION NO. 86-664 BOND REDUCTIOR NATHAN LANE ASSOC. 85058) Item 7-H-6* RESOLUTION NO. 86-665 BOND RELEASE BANNER ENGINEERING A-311) Item 7-I-1* a I 1 • / Regular Council Meeting October 61 1986 Page 275 NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-666 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR WORD OF LIFE ASSEMBLY OF GOO CHURCH (84015). Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-667 AUTHORIZNG REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR AIRPORT BUSINESS PARTNERS (85008 A 8 B) to $10,000. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION MO. 86-668 AUTHORIZING RELEASE OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR AIRPORT BUSINESS PARTNERS ( 85008 A do B) . Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Counctimem- ber Zitur, to adopt RESOLUTION NO. 86-669 AUTHORIZING RELEASE OF SITE IMPROVEMENT PERFORMANCE GUARANTEE FOR AIRPURT BUSINESS PARTNERS (85008 A 8 B). Motion carried on a Roll Call vote, four ayes. MOTION was made b Councllmember Crain seconded b Councilmem- ber Zitur, to adopt RESOLUTION N0. 86-670 ALLOCATING DEFERRED YEAR XII COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion carried on a Roli Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 86-671 DESIGNATING ELECTION JUDGES FOR NOVEMBER 49 1986 GENERAL ELECTION. Motion carried on a Roll Call vote, four ayes. Manager Willis stated one of the requirements of the development was to have the City of Minneapolis deed the land for the park along with the structures. Plymouth was responsible for taking down the buildings. $60,000 was allotted for the work and the City was pleasantly surprised with the bids. MOTION was made by Councllmember Zitur, seconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 86-672 APPROVING THE CONTRACT FOR DEMOLITION OF STRUCTURES AT PARKERS LAKE PLAYFIELD in the amount of $19,969.13 with Veit 6 Company, Inc. Motion caroled on a Roll Call vote, four ayes. 40 .. RESOLUTION N0. 86-666 WHO RELEASE WORD OF LIFE CHURCH 84015) Item 7-I-2• RESOLUTION N0. 86-667 AIRPORT BUSINESS PARTNERS (85008 A&B) Item 7-3* RESOLUTION NO. 86-668 YV.\Y f\LLfL!\VL AIRPORT BUSINESS PARTNERS (85008 '+8B Item 7-3* RESOLUTION N0. 86-669 A '.RPORT BUSINESS F iRTNERS ( 85008 A&B ) tem 7-3* RESOLUTION N0. 86-670 ALLOCATING DEFEMW YEAR XII CDOG FUNDS Item 7-K* RESOLUTION N0. 86-671 JUDGES Item 7-L* RESOLUTION N0. 86-672 A AND Or ffTF' DEMOLITON OF BUILDINGS PARKERS LAKE Item 7-M 0 FF -wff Regular Council Meeting October 69 1986 Page 276 MOTION was made by Councllmember Crain, seconded by Councilmen - bar Zitur, to adopt RESOLUTION NO. 86-673 REDUCING DEVELOPMENT SONO, WOODLANDS ADDITION (84030) to $8,852 for private Improve- ments. Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION N0. 86-674 REDUCING DEVELOPMENT BOND, WOODLANDS 2ND ADDITION (86059) to $39,693 for public Improvements and to $5,600 for private Improvements. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zltur, to adopt RESOLUTION N0. 86-675 REDUCING DEVELOPMENT BOND, THE BROCKPAHLER ADDITION (80046) to $20500. Motion carried on a Roll Cali vote, four ayes. MOTION was made by Councilmember Crain, seconded by Counciimem- ber Zltur, to adopt RESOLUTION N0, 86-676 REDUCING DEVELOPMENT BOND, CREEKSIDE OF PLYMOUTH 2ND ADDITION ( 79018) to S14,504, Motion carried on a Ro.l Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zltur, to adopt RESOLUTION NO. 86-677 REDUCING DEVELOPMENT BOND, SILVERTHORNE 2ND ADDITION (86025) to $36,589. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Counclimem- ber Zltur, to adopt RESOLUTION NO. 86-678 REDUCING DEVELOPMENT BONUO BASS LAKE ESTATES ADDITION (84091) to $34,296. Motion carried on a Roll Call v3te, four ayes. Director Moore stated the request Is from Hennepin County to approve the plans and the cost sharing agreement for new County Road 9 from County Road 18 to I-494. The estimated cost of the project Is over $4,000,000. In accordance with the County policy, Plymouth's cost would be $678,000. He summarized the extent of the improvement and the points already negotiated. Uiscussion followed ori an acceleration lane westbound onto C.R. 9 from the park, the !jubgrading of existing C.R. 9, and its cor- rection. Councilmember Crain questioned the County's request for 90% of the City's share within 150 days of the project's start. He thinks It should be paid as the bills are due. 0 RESOLUTION N0. 86-673 MW REDUCTION WOODLANDS ADDITION 84030) Item 7-N-1* RESOLUTION N0. 86-674 BOND REDUCTION WOODLANDS 2ND ADON. 86059) Item 7-N-2• RESOLUTION NO. 86-675 BOND RE TION BROCKPAHLER ADON. 80046) Item 7-N-3+ RESOLUTION N0. 86-676 90ND REDUCTION CREEKSIDE OF PLYMOUTH 2ND ADDITION (79418) Item 7-N-0 RESOLUTION N0. 86-677 BOND RMTION SILVERTHORNE 2ND ADDN. 86025) Item 7-N-5• RESOLUTION NSU. 86-678 BOND PEOUCTTON BASS LAKE ESTATES 84091) Item 7-N-6• NEW COUNTY ROAD 9 Item 7-0 Igr laf aw nc#I Mteting Ot4taear i, 19x6 PW Director Moore stated the effective date of the be in December. The County originally asked for 150 was negotiated. This would be about June at County would be paying out to the contractor* contract world 30 days and the which time the NOTION was made by Councilmember Zitur, seconded Schneider. to adopt RESOLUTION NO. $6479 APPROVING SPECIFICATIONS, COUNTY PROJECT NO. 69019 COUNTY ROAD COUNTY ROAD 18, CITY PROJECT NO. 642. by Mayor RESOLUTION ND. $6479 PLANS AND 9 - 494 TO COUNTY ROAD 9 CITY PRO3ECT 642 Item 7-O NOTION was made by Councilmember Crain, seconded by Counellmee- ber Zitur, to amend by adding condition 01 as followsa "Provi- slon of an acceleration lane for westbound traffic leaving the County park." Notion carried, four ayes. Notion as amended carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Zitur, seconded by Mayor Schneider, to adopt RESOLUTION NO. 86-680 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 91, COUNTY PROJECT 6901, I-494 TO COUNTY ROAD 18, CITY PROJECT NO. 642. NOTION was made by Councllmember Crain, seconded by Councilmem- ber Iltur, to amend by adding condition 01 as followst "That old C.R. 9 from Zachary Lane to Revere Lane shall be completely re - constructed*" Notion carried, four ayes. Notion as amended carried on a Roll Call vote, four ayes. Discussion continued on the construction schedule, penalties for not meeting deadlines, and how residents would be notified of the street closing. The Council asked to receive copies of the County's monthly pro- gress report. NOTION was made by Councilmember :itur, seconded by Councilmem- ber Crain, to adopt RESOLUTION N0. 86-681 REQUEST FOR PAYNENf N0. 6 AND FINAL, 1985 UTILITY AND STREET IMPROVEMENTS, PROJECT NOS. 2070 324, 4559 4599 501, AND 504 in the .mount of 86,145.14 to Northdale Construction Co. Motion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Titur, seconded by Councilmem- ber Vasillou, to adopt RESOLUTION NO. 86-682 REQUEST FOR PAYMENT K0. 5 AND FINAL, SWAN LAKE ADDITION, STREET AND UTILITY IMPROVE- MENTS, PROJECT 539 In the amount of $22,648.35 to Latour Con- struction Company. Notion carried on a Roll Call vote, four ayes. RESOLUTION N0. $6-680 COMSTRUCTION T COUNTY ROAD 9 CITY PROJECT 642 Item 7-0 RESOLUTION N0. 86-681 NOo e d FINAL 1985 "TILITY IMP. Item 7-P-1 RESOLUTION NO. 8-482 REQUER-- N0. 5 A FINAL SWAN LAKE KJOITION PRoxcr 539 Item 7-P-2 Regular Council Meeting October 6 1986 Page 278 MOTION was made by Couneilmember Crain, seconded by Councilme&- RESOLUTION N0. 86-683 ber Zitur, to adopt RESOLUTION N0. 86-683 REQUEST FOR PAYMENT REQUEST FOR PAWFRT N0. 14 AND FINAL, COUNTY ROAD 61 IMPROVEMENT PROJECT, PROJECT NCI. 14 d FINAL NO. 216 in the amount of $89622 to Matt Builock Contracting Com- C.R. 61 IMP. pany, Inc. PROJECT 216 Item 7-P-3 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councllmember Crain, seconded by Councilmen- RESOLUTION N0. 86-684 ber Z.ltur, to adopt RESOLUTION NO. 86-684 APPROVING PLANS AND APPROVING PEMS TIMCS SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR SIDS, PROJECT NO, ORDERING RIDS, WELL 8 6250 WELL N0. 6. PROJECT 625 Item 7-0+ Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 86-685 ber Zitur, to adopt RESOLUTION N0. 86-685 APPROVING PLANS AND CS SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, PROJECT NO, ORDERING BIDS, WELL 9 625, WELL N0. 9, PROJECT 625 Item 7-0• Motion carried on a Roll Call vote, four ayes. MOTION was made by Councllmember Vasiliou, seconded by Council- RESOLUTIOt& N0. 86.686 member 7/1.ur, to adopt RESOLUTION NO. 86-686 ACCEPTING BID, ACCEPT T GLEA.17., SAKE DRIVE (COUNTY ROAD 15) TRAIL, PROJECT N0. 602 from GLEASON LAKE DRIVE Preferred Paving, Inc. in the amount of $147,154.10. TRAIL, PROJECT 602 Item 7-R Motion carried on a Roll Call vote, four ayes. Mayor Schneider stated that he believes some day there will be a safety arm installed at this railroad crossing and the more sight distance available the tetter. MOTION was made by Mayor Schneider, seconded by Councllmember RESOLUTION NO. 86-687 Vasiliou, to adopt PESOLUTION NO. 86-687 AMENDING RESOLUTION AMEADIRG RES, 86-290 N0, 86-280 AND SEI`T1 . CONDITIONS TO BE MET PRIOR TO FILING VA- SIGHT EASEMENT VACATION CATION Of' SIGHT EA' TIENT, LOT 24, BLOCK 1, CREEKWOOD HILLS 3RD CREEKWOOD HILLS 3RD ADDITION. Item 7-S Motlon carried on a Holl Call vete, four ayes. MOTION was made by Councllmember Crain, seconded by Louncilmem- RESOLUTION N0. 86-688 ber Zitur, to adopt RESOLUTION N0. 86-688 ORDERING PREPARATION ORDERTNE OF REPORT ON DRAINAGE IMPROVEMENTS, WOODCREEK ADDITION. REPORT, WOODCREEK ADDN Item 7-T• Notion carried on a Roll Call vote, four ayes. MOTION was made by Councllmember Crain, seconded by Councilmem- RESOLUTION N0. 86-689 ber Zitur, to adopt RESOLUTION N0. 86-689 ROBERT MIDDELMIST ADD- 'r, L - ITION CONSTRUCTION OF STORM SEWER ON COUNTY ROAD 9. TION, ROBERT MIDDLEMIST 6TH ADDITION Motion carried on a Roll Call vote, four ayes. Item 7 -Lt* is 0 se9dar Qovaei 1 fleeting Ocko+er 60 1986 Page 279 REPORTS OF OFFICERSt B0ARDS AND COMMISSIONS Pat Nov , 1805 Dunkirk lane, stated the letter from the City's insurance carrier, CNA Insurance Companies, states that this is the first time a claim has been made for this problem and the City could not have been aware of the problem to correct it. She handed out copies of a claim for similar water damage from 1578 which Was denied and pointed out that nothing is being done to correct the problem to insure It won't happen again. Director Moore stated that in 3uly, 1978, there was a 100 year storm which resulted in problems because arainage and ponding had not been constructed as yet to handle the surface water. The current problems were not caused by surface oat%r, but by sewer backup. Councllmeeber Vasiliou stated her concern with the City's insur- ance compapy's lack of a thorough investigation. Discussion followed on the source of the problem and possible solutions for it. Mrs. Novy indicated that they had not Instal- led a back water device to protect her property as they are not always 10O% reliable. Councilmember Crain stated he believes the Insurance company should be aware of the hlstoty and p. -tor claim and take another look at It. MOTION was made by Councilmember Zitur, se^_,onded by Councilmem- ber Crain, to refer the matter to the insurance carrier for re- investigation of the claim. Motion carried, four ayes. Mery Nelson, realtor representing Mr. Heins, stated that until sewer an water is available with the street, he is limited to who may look at the property. There would be many more buyers Interested If the utilities were in. Discussion followed on who would pay for the water loop, timing of the installation, and which property would benefit most. Mr. Nelson asked for a resolution from Lhe Council stating how long it would take to Install the street and sewer and water once a plan Is presented from Mr. Heins, Councllmember Crain suggested this was a three step tssu;:t -i) Prudential completing the cul-de-sac, street, sewer and water; 2) looping of the water; and 3) looping of the street is depen- dent on development proposed for Mr. Heins' property. SEWER BACKUP CLAIM MR. 8 MAS. NOW Item $-A PETITION FOR SANITARY SEWER & WATER ED HEINS Item 8-8 iar a Harting 0ctober 6, IM Pap 280 MDTI.OM was made by Count lmember Vasi l ioug seconded by Counci l- emember Ziturs to deter the matter pending the drafting and Coun- cil consideration of a letter addressing the timing of the pub - lie lmprovements to be constructed along with the northern eul- de-sac of Annapolis Circle, the water loop issue, potent,lal SOW costs and options for cost sharing. Abtion carried, four ayes. The meeting adjourned at 12:00 a.m. 0 h