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Home My WebLink AboutCity Council Minutes 08-04-1975Pagea 242 u F tl l M, I )CU f E S REGULAR COUNCIL MEETIN! i August 4„,'1975 A regular meeting of the Plye outh City Co inci l %, s celled to order bye Mayor I Hi 1 de at 7:40 P.M, in the Council Chamber, ofl; e 'Public Works Buildings 14900 Twenty-third Avenue North, on Augusjt 4. 975i , ,' PRESENT: ,`'hyor Hi1de. (--Councilmen Hunt, b `ei1s sod'iSpaeth. Manager ' is, Engineer 6 ldberg, Con,,ulting ,Engineer 6a nestroo i anis Attrrney, Lefler. ABSENT: Co ' Alman Seibold. I MINUTES MOTION wafs nide by Councilman 'Neils,s se nded by Councilman MI NUTE3, - REGULAR Hunt, to app o a the minutes of the Jul' 21, '$975 regular COUNCI( MEETING.; Council meeting. Mayor Hilde noted t t on Page 22$, first JULY21f, 1975 sentence, the figure should be $323,74*(I / MotiO carried, four ayes. NOTION wasmade by Councilman Spaeth, 4coi4ed by 141NQTEI - REGULAR Councillman Neils, to approve the minut s othe July 28, COUNCIL MEETING,, 1975 Oegular Council meeting. JULY 28,.,1973 Motion carried, four ayes. Cou cil briefly reviewed the pro racedl iew zoning IONING CRDINANCE urdronce and made the following cgvvOits and REVIEW' suggestions. Item 44 Coundilman Hunt It -'was suggested that our Ordinance reflect existing state law with respect to minimum lot.sizes in the rural areas if there was any conflict between such exi4tin4 state 1aw,and policies of the Metro Council. Co 'hci lman, Neth s Wi h respect to definitions contain on Page,13 of the Second Section..it was syggested that the definition of ''lo a take fin:o consideration fronting on private, aI well as public streets. Also, it ,was suggelited that the definition of "home occupation" be "cleared up",, 1't was suggested "hat )the definition ;of "uti itty system" contained on Page 9 of tho Second Section be carefully rlviewed w1,°h respect to private, utilities systems. It was pointed out that thi City nowican provide publitlutilities"at a point and at such t1me as they alt heedeo anile .therefore. an provision for private utilities systems o*y now be Inappropriate, On Page 10 of the Second Section, it+as suggested that the definition of nuesery schaols" be expanded. 442- Y 0 C« 0 U 6 k Regular Council. Neet tog I 0 August C 1975 Page 24$ 01O It was suggested that` on Page 17 of the, Fi;,rst iSection that the 'P crpose" paragr ph of the Flood Plain-1oning requireaae is be expa"ded with reference to the City,Stonn Drainage Plan ar the requi ements contained therein. At wasis'ugjested,that on Page 30 of the,First,Section that reference to the tsmprehensive Plan contained in Parggraph 1 bt: made in all capital letters In an 'effort tau emphasize these wo"It o J 4l 6 k Regular Council. Neet tog I 0 August C 1975 Page 24$ 01O It was suggested that` on Page 17 of the, Fi;,rst iSection that the 'P crpose" paragr ph of the Flood Plain-1oning requireaae is be expa"ded with reference to the City,Stonn Drainage Plan ar the requi ements contained therein. At wasis'ugjested,that on Page 30 of the,First,Section that reference to the tsmprehensive Plan contained in Parggraph 1 bt: made in all capital letters In an 'effort tau emphasize these wo"It 0 c It was suggested that on Page X34 of the Secool$ Section that the se. ;tion on district boundaries be reviewed with respect to the problem of zoning public property when there are differing zoning districts on each side of said public property. The question appears,to be related to what zoning district one can l assume the public Oroperty is in. Staff',did not believe this to be a problem butindicated Ahat )they wound look into it anyway. It was suggeFtel:that co Page 40 of the Second Section comparison be made between the M nimin Distances Bet"n Prr)ncipal Buildings on the Same:lotw and standards contained-w,,the fires\code. Without refero"re to b specific `1-ra tloh, it 'was noted that the 'itabulation, contained in -w. proposed ordinairce r ith ' < tr'espe t to minimum lot siZ f-I a4UD be reviewed " , «as notes! that for the `k A; and ArIll zoning districcus' _ minimum iot sizilt in a, PUO did not differ '1'rt*-,what minimum lot sizes are( in all other situations. The question is, wAe6her tbere_is any value in a PUl within a' R-lA or R-16 zones since by the way the ordinance is row. drafted there Mould no opportunity for a density bonus'ar lot size flexibility l ., It was suggested that a review ,be eiOetof thi number.of criteria that must pe met for a project to qualify as an a0Frovablq PUO., with seven ordinance criteria listed, there was some discussion tl at three\or five conditions may have to be roet before iRy .PUD would,be looked upoo, favorably: `rhere was also some discussion of adjusting whatever density bonus Mould be available through thePqD approach by the number of criteria ,for a PUP }:pati are responder! to by the, pro PO 41. It rt.s su gested that on Page 132 of the Seca Section that the time period before wh ch a PUD Becomes null and void be ex'lended from the 6 months now listed to 10 months. It was also suggested that this same Section he expanded to indicate 04 all PU0`s must be made to comply with ordihance changes that take place aftir the date that the PUD is approved and prfi r,to the slate that the PUD'is ac`zaally ctrritd forwarO. ONUVIC=Pa= r It was suggested that a review be made of front ,fiord setback provisions contained in the new ordinance with the possibility of redo.~ing said setbacks from the 50 fee now pi%90ded for in PhD developments to, somethingl!,1Ass (perhaps 25 to 35 feet). Mayor Hilde It was suggested that all the standards for residential1 listrict contained on Page 47 of the Second Section be reviewed for pract$calil:yo particularly as follows: r a1 Is standard 02 too picky? b) Now will standard 04 be applied to structures'with garden apartment levels, i.e. half below grade? 243- o 4l s o cr, c 0 c It was suggested that on Page X34 of the Secool$ Section that the se. ;tion on district boundaries be reviewed with respect to the problem of zoning public property when there are differing zoning districts on each side of said public property. The question appears,to be related to what zoning district one can l assume the public Oroperty is in. Staff',did not believe this to be a problem butindicated Ahat )they wound look into it anyway. It was suggeFtel:that co Page 40 of the Second Section comparison be made between the M nimin Distances Bet"n Prr)ncipal Buildings on the Same:lotw and standards contained-w,,the fires\code. Without refero"re to b specific `1-ra tloh, it 'was noted that the 'itabulation, contained in -w. proposed ordinairce r ith ' < tr'espe t to minimum lot siZ f-I a4UD be reviewed " , «as notes! that for the `k A; and ArIll zoning districcus' _ minimum iot sizilt in a, PUO did not differ '1'rt*-,what minimum lot sizes are( in all other situations. The question is, wAe6her tbere_is any value in a PUl within a' R-lA or R-16 zones since by the way the ordinance is row. drafted there Mould no opportunity for a density bonus'ar lot size flexibility l ., It was suggested that a review ,be eiOetof thi number.of criteria that must pe met for a project to qualify as an a0Frovablq PUO., with seven ordinance criteria listed, there was some discussion tl at three\or five conditions may have to be roet before iRy .PUD would,be looked upoo, favorably: `rhere was also some discussion of adjusting whatever density bonus Mould be available through thePqD approach by the number of criteria ,for a PUP }:pati are responder! to by the, pro PO 41. It rt.s su gested that on Page 132 of the Seca Section that the time period before wh ch a PUD Becomes null and void be ex'lended from the 6 months now listed to 10 months. It was also suggested that this same Section he expanded to indicate 04 all PU0`s must be made to comply with ordihance changes that take place aftir the date that the PUD is approved and prfi r,to the slate that the PUD'is ac`zaally ctrritd forwarO. ONUVIC=Pa= r It was suggested that a review be made of front ,fiord setback provisions contained in the new ordinance with the possibility of redo.~ing said setbacks from the 50 fee now pi%90ded for in PhD developments to, somethingl!,1Ass (perhaps 25 to 35 feet). Mayor Hilde It was suggested that all the standards for residential1 listrict contained on Page 47 of the Second Section be reviewed for pract$calil:yo particularly as follows: r a1 Is standard 02 too picky? b) Now will standard 04 be applied to structures'with garden apartment levels, i.e. half below grade? 243- O 1 n Regular( Council Neeting c rv\ August 4. 19)15 Page 244 ID r,. c) Mould standard 05 preclude outside metal storage bu (dings'as can be now purchased through Yards; or Sears? d) Does standard 46 lai pse a-conditfion greater than W* is now Ir uired? f, PETITIONS, REQUESTS AND COWNICATIONS Toe Planning Commission recoaemends approval of the LOT,)DIVIS'ION - 30TH dot division of.lot 16, Auditor's Subdivision Number 333 AVENUE 1,MRTH AND EAST and approval oi'Jthe Resolution stating conditions to be\ 1 MEDICINE LAKE BOULEVARD eget prior to filing of'the division with the County. HARM 8. HEGGEN Iter+ 4-0 S N0TI0N was made by Councilman Spaeth, seconded by Councilman Hunt, to adopt RFSOLV ON t0: 75-38 , A 1 RESOLUTION NO. 75482 AESOLUT ION APPROVING LOT DI V I S" ' FOR I HARINJOD 8 A-624) , r Motion carried on a roll ,call vote. four. ayes. MOTION. was made by Cwy, ncilman Neils. seconded b ~' Councilman Spaeth, to adopt RESOLUTION NO. 75403. A RE OLUTION N0. 7S*383 RESOLUTION SEITING.CONDITIONS TO OE MET PRIOR TO FIL'*NG OF LOT DIVISION FOR HARWOM Be HEGGEN (A-624)0 MOTION was made by Councilmalr Hunt, seconded by Councilman Spaeth, to amend item -1 to read "Payment by the petitioner of $150 cash etc. because he is only creating one additional lot, Notion carried, four ayes. NOTION was made by Councilman Hunt. seconded by Councilman Spaeth, to amend Item 2 of the Resolution to state "along the southerly boundary of Parcel 8 ;. there shall be a 25 ft. street right-of-way easement:" Motion carried. 'four lyes. Motion to adopt Resolution carried on a roll call four ayes. The Planning Comnission'recommended approval of the -site plan for the Public Works site, MOTION :gas made by Councilman Spaeth, seconded by Councilman Hunt to adopt RESOLUTION NO, 75-384, A RESOLUTION APPROVING SITE PLAN FOR PUBLIC WORKS StTT - CITY OF PLYMOUTH 23RD AND NIAOArA LANE MOTION was made by Council Neils. seconded by Councilmen,Spaeth, to amend the Resolution stipulating that the extension of 23rd Avenue be limited to a gravel drive joining into the gravel drive to the water treatment plant and that they be of similar SITE PLAN APPROVAL PUBLIC WORKS SITE NR CORNER. V123RD AVENUE NORTH'M NIAGARA LANE 4%606) Item 4-C REBQLUTION N0, -384 i O f O keguler CouncilMeet`lng August 4. 1975 245- 1 construction and quality Notion carried, four;:ayes,, ' MDTION was made by ft or Hilft. seconded by Councilm Spaeth, to direct the staff to bring back to Council a procedure for undertaking the necessary improvements,to the Public Works Building site,. Notion c4rrled, four ayes. ittwn to adopt Resolution carried, on s,0011 tootb/.' fogy ayes. NOTION was mads v3 CoungilMan Spaeth, secondy by Counclly ,4_ Net -Is. to adopt RESOLUTION NO. 75-385, A aiMUTION APPROVING BOND RELEASE FOR NORTHWESTERN BELL TELEPHONE COMPANY FOR TELEPHONE SWITCFING EQUIPMENT BUILDING AT 4150 FERNBROOK LANE (A-352). Mrs. Darlene Hesse. 4115 Fernbrook lane, spoke to Council and requested that some evergreens be placed in front of the building to soften the stark white appearance., Councilman Neils assi:red Mrs., Nesse that Council would ccntact the telephone people regarding her request. Notion to adopt Resolution carried on a roll call vote, foair ayes. MOTI R.\was made by Councilmen Spaeth, seconded ty Councilman Neils., to adopt RESOLUTION NO. 75-386, A RESOLUTION APPROVING RELEASE OF LANDS'CAPE DRAINAGE BOND FOR BELMAR BUILDERS OFFICE BUII,OING AT 3140 HARBOR LANE (A-441). Motion carried on a roll call vote, four Oyes. NOTION was made by Councilman Spaeth seconded by 0uncilmen Neils, to adopt RESOLUTV;N NO, 75-387, A RESOLUTTUN APPROVING RELEASE OF LANDSCAPE AND DRAINAGE BOND FOR STUDENT DORMITOI Y BUILDING AT 3110 E. MEDICINE LAKE BOULEVARD $'OR ASSOCIATION OF FREE LUTHERAN CONGREGATIONS /A462). Notion carried on a roll call vote, four ayes. 245- 8 0 REQJrs,t FOR 9ELE4SE OF BOND - NORTHWESTERN BELL TELEPHONE COMPANY Item 4-D-1 RESOLUTION NC.: 75-395 i REQUEST FOR RELEASE OF BOND - BEtMAR BUILDERS - LANDSCAUE AND DRA I NARE BON OFFICE BUILDING 3140 HARBOR ME A"441) tem 4-D-2 SOLUTION N0. 75-386 REQUEST FOR RELEASE OF BOND - ASSOC. OF FREE LUTHERAN CONGREGATIGNS FOR STUDENT DORMITORY BUILDING D- 3A-062) REM'JTION NO. 75-387 REQJrs,t FOR 9ELE4SE OF BOND - NORTHWESTERN BELL TELEPHONE COMPANY Item 4-D-1 RESOLUTION NC.: 75-395 i REQUEST FOR RELEASE OF BOND - BEtMAR BUILDERS - LANDSCAUE AND DRA I NARE BON OFFICE BUILDING 3140 HARBOR ME A"441) tem 4-D-2 SOLUTION N0. 75-386 REQUEST FOR RELEASE OF BOND - ASSOC. OF FREE LUTHERAN CONGREGATIGNS FOR STUDENT DORMITORY BUILDING D- 3A-062) REM'JTION NO. 75-387 G q`` ! Co1unct, meeting 246 . The ubli ",filo" z,Director; recommended that REQUEST FOR PAYNE Counc e,, pro* , yhe Request to', Payment No. 4 ELEVATED IJITER for ,, 'f tt 402=001 Water Tower. PROJECT 402-001 Item 4-E-1 NOTTO .-,a de b Councilman iS eth seconded by ',ncilman '"T's. to adopt, RESOLUTION NO, 75-3889 RESOLOI`ONc-MDa 75-388 A VEVY'!, 1LUTION AUTNORItI PAYMENT ON REQUEST FOR .> PA"T t l. IN THE, A -W. T OF $81,527 TO CH0 BRIDGE:, JRU9 e: %ANY - PR(Q:CT Nq'I' 2,401' q*ELEVATEl} WATER T R*,, ti.pn carried on a roll call vote, four' byes. MOTION was made by Councilman Spaetd, seconded REQUESTJOR PAYMENT b Councilman Neils,o adopt RESOLUTION NO. 75-3899 DEEP WELL N0. 4 A ,SOLUTION APPROVING REQUEST FOR PAYMENT NO. 3 IN PROJECT $07 THE AMQUWT OF $169445 TO 8ERGERSON-CASWELL, INC. - Item 444 RESOLUTION NO. 751189 Motion carried on a roll tell vote, four ayes. NOTION was made by Councilman Spaeth, seconded by CHANGE ORDER Ccancilman Hunt, to adopt RESOLUTION NO. 754909 WATER TREATMENT PL NT A RESOLUTION APFROVING CHANE ORDER NO, 3 FOR EXTENS,144 OF, TIME EXTENSION OF COMPLETION DATE - PROJECT NO, 302 - PROJECT 302 WATER TREATMENT PLANT. Item 4*c-1 MOTION was made by Maya i'0 'dc, seconded by efCouncilmanSpaeth, to f'er, lthis item until the August lith rxsetinq, Antion failed,, RESOL ^ ON,NO, 75-3 Councilmen Hunt and Nils voted nay, • Moticn to adopt Resolution carried, three ayes, Mayor Nide voted nay, MOTION was made by Councilman Spaeth, seconded by CHANGE ORDER Councilman Hunt, to accept the request of NORTHEAST WATER TRUNK Erickson Brothers Contracting for an extension of EXTENSION OF TIME time of 60 days for Project No. 402, Northeast PROJECT 402 Nater Trunk gain. Item 4462 Motion carried, four ayes, RESOLUTION N1, 75-390(a MOTION was rr. I,ie by Councilman Spaeth, seconded by Councilman hunt, to accept the request of Nodland Associates, Inc, for an extension of tine on Project No. 413 - Circle Star Business Center Second Addition, CHANGE ORDER CIRCLE STAR BUSINESS CENTER 20,- EXTENSION OF TIME -4. PROJECT 413 Item 4"F4 , MOTION was made by Couocilman Hunt, seconded by RESALU Councilman Neils, that staff be directed to come back to Council with an alternative as far as methods by which to improve cleanup for construction projects ani! make recommendations to Council, Motion carried, four ayes, z46- IN 0 lar Council Meeting, August 4,,, 1975 Page 247 WION was -made by Councilgn Hunt, seconded by lr c-#j nw Neils, to adopt RESOLUTION NO. 75-3919 A RESOLUTION APPROVING CHANGE. nER NO. 2 IN THE Afthr ,OF 47*352*75 TO ,C. S. NtCROS;ANs INC. ON PROJECTS 501 AND, S1% FERNBROOK LANE AND PLYNOUTN FREEWAY CENTER. r Notion carried on a roll call vote.kfour ages. MDTION was'made by Counctlpan auntsecondP4 by Councilman"\Neils, to adopt, RESOLUTION NO., ;5-392. RESOLUTION AUTHORIZ10" THE FINANCE DIRECTOR TO MAKE PAYMENT TO DRE,YFUS INTERSTATE DEVELOPMENT CORPORATION IN 111E AMOUNT OF =10,418.31 FOR. SANITARY SEVER CREDITS.' Motion carried on a roll call vote, foor ayes, ONS This item was deferred, NOTION was made by Councilman Spaeth, seconded by Councilman Huat. to adopt RESOLUTION N0, 75493, A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - PROJECT NO. 520 - 12TH AVENUE FROM HARBOR LANE 10 JUNEAU -LANE, Motion carried on a roll call vote, four ayes, NOTION was made by Councilman Neils, seconded by Councilman Hunt, that for purposes of the public hoaring. Parcel 4110 and the parcel to the eapt of 4625 (specifically. lots 31 and 32) be included in the notification for hearing, Motion carried, four eyes, The Director of Public Works remrwnded approval of a proposed plan for the intersection of Zachary Lane and 36th Avenue 1n order to proceed with constructions MOTION was made by Councilman Neils, seconded by Councilman Hunt. to approve the proposed plan, Moticn tarried, four ayes, Manager Willis explained that he had been in a7- 0 Cl - CAM ORDER PEONY LANE OVERLAY PROJECT 508 - FERNBROOK LANE AND PLYM .., pROJECTs 501 AND 318 Item 444 RESOLUTION NO. 75491 AUTHORJZING PAYNERT OF CREOII' SANITARY SEWER SYSTEM - AMBER WOODS; 479) Item 4-G RESOLUTION NO. 75492 AWARD 0- BIO - GREENTREE WEST ADDITI(_ PROJECT 54 Item 5•A PRELIMINARY REPORT 127H HARBOR LANE. PRWECT 520 item 5-S RESOLUTION NO. 75-393 ZACHARY LANE ALIGN- MENT AT 36TI AVENUE PROJEC-f 504 Item 5%C STATUS OF $ONO No 1NDUSTRIL PARK 2N0 - PROJECT Item 5-0 k' 0 O 1c_ Oc 1 Regular lCouncil Ileetieg August 4. 1975 Page '248 ccntact with the,deiveloper and he is unable to f,.. irish the CfitY 0th the development bond. MOTION was made by Councilman Spaeth, seconded py Councilman Neils, to adopt RESOLUTION NO. 754940 A RESOLVION REJECTING BIDS - PROJECT NO. 519 PLAYHOUSE INDUSTRIAL PARK 2ND ADDITION. Motion carried on, a roil., call vote, four ares. NOTION was made by Mayor Hilde, secondad by Councilman Spaeth, to direct staff to develop a policy that will solve, this " of problem in the future and bring Oack to Council for adoption. Notion carried, tour ayes., k3TION was grade by Councilman ,Neils . seconded by Couacilman Hunt that instead of the dacunrent being prepared as a policy, it be prepared as an ordinance amendment. Motion carried, fou: ayes. Manager Willis explained that a tabulation had been made of tags ,issued, complaints recei mad and patrol activity for the month of Ouly in the area of East and West Medicine Lake Beach, NOTION was made by Councilpran Hulit, seconded by Councllmin Spaeths that Council accept the report and ask for an extension of the report to include a follow through as to what happend to the tags, court disposi ion, etc. Motion carried, four ayes. Mr. Wayne Stewart, 3539 quaker Lane, addressed Council and asked what was going to be done to alleviate the probleme MOIIAN was made by Mayor Hilde. seconded by Councilman Spaeth, that this problem be referred to staff and the Park Commission to see what kind of redesign of ingress and egress can be made for this to be a more palatehle situation for the neighbors and that the Part; Co fission take this matter up at their next meeting on August 7. Motion carried, four ayes. MOTION was made by Councilman Neils, seconded by Councilman Spaeth, that staff be directed to investigate the aspect of the problem period RESOLUTI0k, N0. 75-394 EAST MEDICINE LAKE BEACH PARK REPORT Item 5-E ` 24P- RESOLUTI0k, N0. 75-394 EAST MEDICINE LAKE BEACH PARK REPORT Item 5-E ` Ragu10% Codncil Meeting August 4 9 1,976 L Page 249 of time and whether any reasonable level of enforcement can be added if there is a specific probl, period of tune. Notion carried, four ayes. NOTfON was made by Councilman Spaeth; seconded by .:wncil an Neils, that staff invest+c"te the possibility of the City of Plymouth \, purchasing a house on East Medicine Lake`;hat is for sale, coming back to Council with ;\ report. Motion carried, four aye, The Manager recommen(tid ,o Council apm,oV&,; of a No Parl ing Zone in the area of ` -•Mh Avemie North between State HirhweY 101 and Merrivac Lane and Merrimac Lane, from 190 Avcnue North, South to the SoutherTy line of the 1ymouth Colony Apartments, MOTION was We by Councilman Spaeth, ser_nded by Councilman Neils, to adopt RESOLUTION ro. 75-995, A RESOLUTION APPROVING NO PARRINR ZONES, 19TH AVEMJE NORTH BET3EEN STATE HIGHWAY 10' AND MERRIMAC LANE AND 14ERRIMAC LANE FROM 19TH AVERUE NORTH, SOUTH TO THE SWTHERLY LINE OF THE. °1 YMO)UTH COLONY APARTMENTS PROPERTY. Notion curried on a roll call vote, four ayes. The Manager recon mnded ap;@,oval of the ordinance regardint on•sale %ins licenses. NOT104 was made ny Councilman Hunt, swonded by Councilman Srpaeth, to adopt ORDINANCE NO, ib 96 AN ORDINANCE AUTHORI434 THE ISSUANCE OF ON -SALE WINL LICENSES. Notion carried an a roll call vote, four ayes. Council reviewed the Stanton Associates Personnel Study and discussed same with Mr..John Hanion. Mr. Frank Stanton, president, was present. NOTION was made by Mayor Nilde, seconded by Councilman Spaeth, to defer adoption of this study until the next Council meeting. Notion carried, four ayes. 0 NO PARKING MERRIMAC AND 19TH Item SwF RESOLUTION RO, 754 ON -SALE WINE LICENSE ORDINANCE Item 5-6 ORDINANCE NO. 75-9 PERSONNEL STUDY STANTON ASSOCIA'i S Item 5-H T n Regular Council Meeting ' August 6. 1975 Page 250 NOTION its made ;by Councilman °?peeth, seconded ON•SALE NOW may Councilman Hunt, to adopt Rw'SOIUTION N0. INTOXICATING NALT 75.396. A RfSkul'JON APPROVIN6' WSALE NON• LIQUOR LTC lSE INTOXICATIM T LIQUOR LICEN f TO NcQMY•PERFEX *QUAY•PEAPEX RE NMC 1N OYYNWTH. Itch 6 Not id".' -.reed on a roll Call Vote. four ayes. RESOLUTION NO« 75•396 Row a-1ride adjourned the meeting at 10:46 P.MI. r Carlson to Council 1'. M