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Home My WebLink AboutCity Council Minutes 03-16-1981Page 81 MINUTES REGULAR COUNCIL MEZ'TING Marc` 16, 1981 A regular meeting of the Plymouth City Council was called to order by At'ing Mayor Neils at 7:30 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on March 16, 1981. PRESENT: A.!. -ting Mayor Neils, CounciImembers Hoyt and Threinen, City Manager Willis, Assistant Manager Boyles, Engineer Moort-, Planner Tremere and Attorney Lef;er. ABSENT: Mayor Davenport and Councilmember Schneider. CONSENT AGENDA MOTION was made by Councilmember Threinen, seconded by Cc;:ncil- member Hoyt, to adopt the items on the consent agenda with the addition of Item 6-L, Cigarette License for Rill's Superette. Motion carried on a Roll Call vote, three eyes, MINUTES MOTION was made by Councilme„Ser threinen, set%onded by Council member loyr, to approve the minutes of the march 2, 1981 regular Councll meeting as submitted. Motion carried on a Roll Carl vote, three ayes. Nanager Willis introduced Lundgren Bros.' reque.tt for final plat and development contract approval for Burl Oaks 3rd Addition toting that petitioner has requested that they b -e given the Op- tion of going with a publi improvement project or undertaking construction of the improvements themselves. The Manager stated since 't is beyond the cut-off date for% accepting petitions for public improvements, he recommends defp=•ring this project until 1982 or the petitioner undertaking construction themselves. Sherman Goldberg, representing petitioner, stated as they will not 4ave an answer efore the time of the public improvement bond sale, they will be responsible for the improvements, MOTION was made by Councilmember Hoyt, seconded by Acting Mayor Neils, to adopt RESOLUTION N0. 81-178, A RESOLUTION APPROVING; FINAL PLAT AND DEVEL OPMEtir CONTRACT FOR LUNDGREN SROS. CONSTR UC - TION COMPANY FOR BURL OAT';; 3RD ADD I T I uN. Motion carried on a Roll Call vote, three ayes. MOTION was made by Lounc i lmember Iloyt , seconded by Acting Mayor Neils, to adopt RESOLUTION NO. 81-179. P RESOLUTION SETTING CONDITIONS PRIOR TO FILINGS OF FINAL PLAT rOR BURT- OAKS 3RO ADDITION FOR LUNDGREN BROS. CONSTRUCTION COMPANY. Motion coirried on a 'loll Call vote, three ayes. MOTION was made by Counc;i irnember Hoyt, Neils, to adapt Resolution No. 81-180, ASSE SISMENT;;, FOR BUR! OAKS 3RD ADDN. IN Project., No. 119. seconded by Acting Mayor A RESOLUTION ADOPTING THE AMOUNT 6F' $14,155, CONSENT AGENDA Item 4 MINU'ES - REGULAR COUNCIL MEETING MARCH 2, 1981 Item 5• FINAL PLAT AND DEVELOPMENT CONTRACT BURL OAKS 3RD 9DNf, LUNDGREN EROS. (A-192) Item 6-A RESOLUTION NO. 81-178 APPRN14G FINAL RAT DEVELOPMENT CONTRACT BURL OAKS 3RD ADDN. LUNDGREN BROS. (x1.792) Item 6-A RESOLUTION N0. 81-179 SETTING CONDITIONS FOR FINAL PLA' BURL OAKS 3RD ADDN. A-792) Item 6-A RESOLUTION N0. 81-180 ADOPTING 1 SS N TS - BURL OAKS 3RD ADDN. A-792' Item 6-A Regular Council Meeting Narch N, 1981 Page 82 Motion carried on a Ro11 Call vote, three ayes. Mayor Nils noted since Lundgren Bros. has agreed to undertake construct+or, of improvements in Burl Oaks .3rd Addition them- selves, Itetr6-8 will be deleted from the agenda. Manager Willis introduced Richard Deziel's request for reguiding for approx;mate'iy 16 acres of land located at 4525 Vicksburg Lane from LA -1 co LA -2 and .**viewed the Planning Commission's recommen- dation foo- denial since that property can be developed under the present Guiding. PETITION FOP PJB i MPROVEMENTS BURL OAKS 3RD AD . Item 6-B LANG VSE GUIDE PLAN RECLASSIFICATION RICHARD DEZIEL (81005) Item 6-C Acting Mayor Neils stater! Cousicil does not wish to approve a Land Use Guiding change since it is Council's intent that this p?at be developed within 10 density as single family conventional'. He recall*.d the original discussions on establishing the R1-8 district, i„cludctd the ?ntent to be permitted in LA -1 guided areas. Council - member Hoyt agreed. Councilmember Threinen stated he also recalled that there were concerns about duplexes allowed in the R1-6 district and thus the language in the ordinance suggests Rl-B is for LA-? areas. MOTION was made by Councilmember Hoyt, seconded by Acting Mayor Neils, to adopt RESOLUTION N0, 81-181, A RESOLUTION DENYING RECLASSIFICAT!ON Gf LAND ;j%E GUIDING FOR RICHARD DEZIEL FOR PROPERTY LOCATFU AT 4525 VICKSBURG LANE. Motion carr;cd on a °011 Call vote, three ryes. RESOLUTION N0. 81-151 Drl I NG LAND USE GIiIDE RECLASSIFICATION Fc)R RICHARD DEZIEL Itwn 6-C MOTION was made by Councilmember ;'oyt, seconded by Acting Mavoi• Nils, directing that Council is Nillino to consider a prel minary plat for the petitioner's property with =zoning and eventual final plat for approximately 16 :acres Hiatt can be served by public ut i 1 i i es adhering to RI -B regulations for single family detached Mmes, ind density for the !plat shall not exceed ?. units per acre; also, land area designated as "park" on petitioner's submission and the park access shall be in- corporatct; into the lot,. Motion -arried, three ayes. CN.-nci'v%.,%,i er Hoyt stated she did not believe PRAC o- staff has cf*ter;-area- a need for a park in this vicinity. Richard Deziel, petitioner, stated he was satisfied with Council's proposal tr) davrl.)p his property within Lei -1 guiding with Rl-B zoning. I anner Tremere reviewed lot size for R -IB zoning and roced the ordinance and Comprehersive Pla, -..nguage relati,ig to Rl-B zoning could be reexamined by tl)e Planni-.g C:. -emission in its ~.urrent s+udy of the RPUD Ordinance. MOTION was made by ;.:ounc%lmemCer Hoyt, seconded by Acting Mayor Neils, to direct the Planning %aini;sioti as part of its study to make recom- mendations concerning :tie use of Rt -B for si-igle family detached resi- dential development ir LA -1 areas, anti to cons;der sites of less than 40 acres, to fill in areas contiguous to RPUD's, and to areas with higher density than LA.-], and other Parameters the rolmnission feels are appropriate. 82- u n Regular Council Meeting March 16, 1981 Page 83 Motion carried, "...tee ayes. Manager W-illi4 introduced John Karos' request for rezoning and pre- PRET-IMINARY PLAT liminary plat approval for Medicine Lake Highlands north of the AND REZONING Heritage Estates RPUD noting Condition 2 of the resolution states MEDICINE LAKE f;nal platting and rezoning is dependent on the availability of con- HIGF}L.ANOS FOR vection to the Medicine Lake interceptor, and petitioner is seeking JOHN KAROS (810101, to use a private lift station until that trunk sewer is installed Item 6-0 and available. The Manager stated the petitioner feels the lift station is adequate to handle temporary capacity for the entire plat. Engineering Moore stated the lift station will serve approximately 104 lots. Councilmember Threinen asked who will be responsible for the maintenance of this private lift station. Engineer Moore replied the City has agreed iro maintain the lift station if the developer is willing to pay the maintenance costs. MOTION was made by Councilmember Threinen, seconded by Council- RESOLUTION N0. 81-132 me,nber Hloyt, to adopt RESOLUTION N0. 81-1820 A RESOLUTION PTIMING 1SRa-TRTW( APPROVING PRELIMINARY PLAT FOR JOHN KAROS F11r? MEDICINE LAKE PLAT - !MEDI:INE LAKE H;GHLANDS LOCATED AT WEST MEDICINE LAKE ROAD AND 37TH AVE, N, HIGHLANDS FOR amending Condition 2 to read: "No final platting or final re- JOHN KAROS (81010) toning action until ,approved rn:nicipal sanitary sewer service Item 6-D or a temporary lift stat irh i s11%s ical ly available to this property. Motion carried on a Roll Call vote, three ayes. Manager Willis requested Council to defer conside;nation of pre- PRELIMINARY PLAT A liminary plat approval and conditional use ()ermit for Fox Forst CONDITIONAL I1SE PERMIT RPUD until the full rournc'1 is present. Council concurred. FOX FOREST RPUD 800451 Item 6-J Manager WiIii!, ted petition For suhaivision var once for Jerome Reg4r rmii consol idation/divisi:ln on unplat%ed land at 55th AvEliue N. and 1-494 to create three parcels fror,i two ex- isting parcels of approximately 30 acres and revi+awPd Planning Corm :lssion's rta-conmendation for ^enial. Gary Ge bri el , surveyor for petitioner, stated petitioner's intent wai to separate the horise from the other existing bui1,'ings so that he cotild de#!d the house which his son is I ivinc it) to nim, and before the County acquires the property intc i(led for the Medic:ne i..ake Regional Park to ,he east of 1-04 where the m%,"Ationer's home is located. Council:.irinber Threinen stated the Plan,-%ing Commission objected to separa.'A n5 the accessory bui l di n js on the north parcel !rom this house and he noted these accessory bui'd',%ig. were of a commerci t1 use ho.isirrg coii--^Qrical vehicles and heave oquipment. M0TtUN ' .s made by CouncillnPrl.-Per Threinen, -ieconded by Council - member 'loyt, to approve RESOLUTION NO. 81-183, A RESOLUTION DENYING SUBDIVISION VARIANCE IAU LOT CONSOL!DArION/DIVISION FOR JEkOMI: BL(,IN, Motion carried or, a Roll Call vote, thi,nr ayes. RESOLUTION N0. 81-183 DEIITIN SU DI :SI13N VAPIANCE AND LOT INCONSOLIDATiO`ItDIVISik- FOR JEROME B; GIN 81009) Item 6-F Regular Council Meeting March 16, ',981 Page 84 MOTION was made by Councilmember flayt, secondee! by Acting Mayer Neils, to adopt RESOLUTION N0. 81-184, A RESOLUTION, ACCEPTING BID IN THE AMOUNT OF $1629300 TO LEE --ICH!—RT PLUMBING 3 HEARING FOR PROJECT N0. 0129 PUMP AND CONTRC;S FCP WELT PIC. 6. Motion carried on a Roli Call vote, three ayes. MOTION was made by Councilmeirkier Moyt, seconded by Counc;l- member Threinen, to adopt RESCIUCION N0. 81-1850 A RESOLJTION ACCEPTING 8:0 A IN THE AnUNT OF $36?9,29(, TO SHAFER CONTRACTING AND 810 B IN THE AHOUNT OF $16Q,360 TO EnEBAK CONSTPUCTION CO. FOR PROJECT N0. 606, PARKER'S 'LAKE: AREA !,TORM SEWER AND PONDS. Motion carriea on a Roll Call vote, three? ayes. MC71ON was made by CoLnciimember Threinen, seconded by Cc,uncil- rcember Hoyt, to adopt P.ESOLU T ION N0, 81-1861 A RESOLUTION AWAROiNG Cf`HTRACT IN TELE AMOUNT OF $304,44 TO VIKING PIPE SERdICE '%.'A% MANY FX- PROJECT NO, 111, 1980 SANITARY SEW' -R T': 10VIVRKs M%,tion carried on a Roll Call vote, the ue ayes. N1fIT ION was n,.: tlp by Councilmember Threi ri gin, seconded by Counci 1- inombet• Hoyt, to adopt RESOLUTION NO. 81-18', A RESOLUTION APPROVIiN'G PLANS AND SPECIFICATIONS ;,ND ORDERING ADVERTISEMENT FOR BfOS FOR THE 1981 STREET SURFACING PROGRAM. Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RFSOLUT I ON N0. 81-188, A RESOLU'T; JN APPROVING PLANS AND SPELIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 19F•1 UTILITY AND STREET IMPROVEMENTS. Motion carried on a Ro'1 Call vote, three ayes. MOTION wat made by Cauncilioetis.Ly-r Threinen, seconde.' by Council - member Hoyt, to adopt RESOLUT_'ON N0, 81-1891 A RESOLUTION REDUCING D 174ELOPMCNT BOND FOR GLEASON LAKE A0111TION rO THE AMOUNT OF $3,400 TO REFLECT THE CGMPLETED WORK. Notion carried on a Roll Call vote, three ayes. MOT I O!`t was made by Counci 1 member Threinen, seconded by Counci 1 - member Hoyt, to adopt RESOLUTION NO,, 81-190, A RES(J, JTION REDUCING DEVELOPME'i'T BOND FOR WEST RIDGE ESTATI_S 1! i ADDITION TO THE AMOUNT OF $3,300 TO REFLECT THE COMPLETED 1•, RK. Motion carried on a Roll Call vote, Three ayes. MOTION was made by Councilmember Theei nen, secnn14,:a by Council- member ouncil- member floyt, to adopt RESOLUTION NO, 81-191, A I%cSOLUTION REDUCING DEVELOPM U BOND FOR WEST RIDGE ESTATES 2ND ADDITION TO THE AMOUNT OF $19,124 TO REFLECT THE COMPLETED WORK. 84- FXSOL TION N0. 8 4 CCEPTI,VAID FINPROJECTN0. 012 PUMP 8 k'ONTROLS FOR WELL mn. 6 Item 6-G-1 RESOLUTION h0. 81-185_ PROJECT N0. 606 PARKER'S LAKE I'REA STORM SEWER 3 PONDS item 6-G-2 RESO' UTION We 81-le6 WWRU OFCNRC PROJECT N0. III Item 6-G-3'' RESOLUTION N0, 81-187 APPROVING PL NS- SPECIFICATIONS & OROERING ADV. FO D 1981 STREET SURF G Item 6-H-1' RESOLUTION NOe 81-188 PR OV I 3- SPECIFICATI191'!S % ORDERING ADV, FOS? BID 1981 UTILITY R SPREE' IMPROVEMENTS Item 6-H-2• RESOLUTION Ni). 81-1F-9 REDUCING -DIEVELOPMENT BOND FOR GLEASON LIRE ADDITION (A-196) Item E-1-1* R[SOLUTION NO. 81-190 RCDU.IN C DE t P- ENT - BONO FOR WEST RIDGE 4TCS IST 1DDIT'ON A-145) Item 6-1-'* RESOLUTION N0. 8' 1 RCDffCFIZ —DE VEL IF 47 NT FOR WEST R I OGL S I A TE ti '!'IVO ADDITION A-745) Item 6-I-3* 1 Regular Council Meeting March 16, 1981 Page 85 Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION N0. 81-1929 A RESOLUTION REDUCING SPECIAL ASSESSMENTS FOR PROJECT N0. 804 AS FOLLOWS: PID /16-118-22-14-0014 TO $9,619.79 AND PID #16-118-22-14-0023 TO $9,616.85 WHICH SHALL BE SPREAD OVER THE REMAINDER OF YEARS AND AT THE INTEREST RATE APPLICABLE TO LEVY N0, 1653. Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Threinen, seconded by Co+incil- member Hoyt, to adopt RESOLUTION N0. 81-193, A RESOLUTION ABATING SPECIAL ASSESSMENTS FOR PROJECT N0. 829 FOR THE FOLLOWING AMOUNTS AS THE APPLY TO THE PARCELS LISTED: PID 024-118-22-42-0054 IN TIIE AMOUNT OF $44,909.53; PID /24-118-22-42-0055 IN THE AMOUNT OF $93,300.74; AND PID i24-118-2--42-0056 IN THE AMOUNT OF $60,366.95. Motion carried on a Roll Call vote. three ayes. MOTION was made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 81-194, A RESOLUTION DEFERRING SPECIAL ASSESSMENTS FOR PROJECT NO. 829 UNTIL AUGUST, 1983 FOR THE FOLL04ING PARCELS: PID 024-118-22-42-0054 IN THE AMOUNT OF $44,909.53; PID #24-118-22-42-0055 IN THE AMOUNT OF $93,300.74; AND PID #24-118-22-42-0056 IN THE AMOUNT OF $609366.95. Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 81-195, A RESOLUTION AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON THE NORTH SIDE OF 34TH A'ILNUE FROM PILGRIM LANE TO KILMER LANE. Motion carried on a Roll Call vote, three ayesa MOTION was made by Councilmember Threinen, seconded by Council - member Hoyt, to adopt RESOLUTION NO. 81-196, A RESOLUTION APPROVING APPLICATION FOR CIGARETTE LICE4SE FOR BILL'S SUPER- 017ETTE #4 FOR PERIOD ENDING CEMEER 31, 1988 e Motion carried on a Roil Call vote, three lyes. REPOPTS OF OFFICERS, BOARDS AND COMMISSIONS M0110N was n;.)i by Councilmember Threinen, seconded by Council - member Hoyt, 1c olopl RESILUTION 10. 81-197, A RESILUTION AMENDING THE P01..:Y CONCERNING RE1IEW OF MUNICIPAL INDUSTRIAL DrVELOPMENT BOf;0 R;_)j(1ESTS TO PROVIDE TliAT TIIE NON-REFUNDAi3LE ALICATION FEE BE INC((E .SED FROM $250 TO $500. Motion carried on .t F.,11 ,,all vote, three ayes. 85- RESOLUTION N0. 81-192 REDUCING SPECIAL ASSFSSMEN7,; FOR PROJECT 804 -LEVY 7653 tou.m 6-J-1* RESOLUTION 40. 81-193 ABATING SP `C fAti`-' ASSESSMENTS FOR PROJECT 829 -LEVY 7760 Item 6-J-2* RESOLUTION N0. 81-194 DEFERRING SSES)MENFS PROJECT 829 -LEVY 7760 Item 6-J-3* RESOLUTION N0. 81-195 FU, RI Z I NG N RK NG SIGNS ON 34TH AVENUE PILGRIM TO KILMER LN, Item 6-K* RESOLUTION N0. 81-190 APPROVING CIGARETTE _ LICENSE -BILL'S SUPER- ETTE #4 - Item 6-L* RESOLUTION N0. 81-197 AMENDING POLICY "•^RE R"VIEW OF INDUSTRIAL DEVELOPMENT BOND REQUESTS - Item 7-A Regular Council Meeting March 16, 1981 Page 86 NOTION was made by Acting Mayor Neils, seconded by Councilmember Hoyt, to direct staff to draft changes in the Industrial Develop- ment Revenue Bond Policy to permit the issuance of IRB's with con- straints to partnerships if there is substar:tial overlap between ownership of the land and ownership of the business. Motion carried, three ayes. Attorney Lefler reviewed the intent of IRB legislation and Council discussed the restrictions in -the present policy which prohibit limited partnerships from issuing IRB's. Manager Willis explained the proposed revisions to the Park Dedica- tion Policy. T,iere was discussion of the requirements for commer- cial park dedication in lieu of cash and Planner Tremere reviewed what other communities require for commercial park dedication. MOTION was made by Councilmember Hoyt, seconded by Acting Mayor Neils, to adopt RESOLUTION N0. 81-1989 A RESOLUTION AMENDING POLICY RESOLUTION N0. 30-344 RELATIVE STANDARDS AND GUIDELINES FOR DETERMINING PARK DEDICATION AND PARK DEDICATION FEES. Motion carried on a Roll Call vote, three ayes. MOTION was made by Acting Mayor Neils, seconded by Counci Erre.. ber Hoyt, to direct staff to prepare a survey of competitive communj- ties with respect to park dedication requirements for industrial and commercial land for consideration at the joint Councii;PRAC meeting on March 30, and bring it to Council for annu&l review. Motion carried, three ayes. Council reviewed the ororosed park facil4:.y rental policies and fee schedille and discus!ed the possibility of sale of non -intox- icating malt liquor at events in the community playfields. MOTION was made by Councilmember Hoyt, seconded by Acting Mayor Neils, to adopt RESOLUTION NO. 81-199, A RESOLUTION ADOoTING PARK FACILITY RENTAL POLICIES AND ftE SCHEDULE. FOR :981 adding Item 8 to Section C c.f the policy stating: "There shall be no consumption of intoxicating or non -intoxicating liqu„r on the site." Motion carried on a Roll Call vote, three ayes. MOTION was made by Councilmember Hoyt, Neils, to adopt RESOLUTION NO. 81-2001 POLICY RELATING TO MAKING STAFF REFJRTS ASSOCIATIONS, DATED MARCH 16, 1981, seconded by Acting Mayor A RESOLUTION APPROVING A AVAILABLE 'f0 HOMEOWNERS Motion carried on a Roll Call vote, three ayes. 86- r RESOLUTION N0. 81-198 PENDING R S. Rt PAR!: DECICAT:ON 3 PA1K DEDICATION FEES Item 7-B RESOLUTION N0. 81-199 ADOPTING PARK F LITY RENTAL POLICIES AND FEE SCHEDULE FOR 1981 Item 1-C RESOLUTION N0. 81-200 APPROVING A POLICY RE AVAILABILITY OF STAFF REPORT. TO HOMEOWNER ASSOC'ATIONS Item 7-D Regular Council Meeting March 16, 1981 Page 87 MOTION was made by Courc i 1 member Hoyt, Neils, to adopt RE SJLUT: ON NO. f1-201, REVISED POLICY, DATED MARC': '.51, 198191 AUDIO TAPE RECORDINGS OF CITY COUNCIL PERIODe seconded by Acting Mayor A RESO.UTION APPROVING A RELATIMG TO RETENTION OF MEETINGS FOR A ONE YEAR Motion carried on a Roll Call vote, three aye:. RESOLUTION N0. 81-201 APPROVING A POLICY RE RETENTION OF AUDIO TAPE RECORDINGS OF COUNCIL MEETINGS Item 7-E MOTION was made by Councilmember Hoyt, seconded by Acting Mayor ORDINA" E NO. 81-05 Neils, to adopt ORDINANCE N0, 81-059 AN ORDINANCE RELATING TO REL TINVJ TO INr1CCENT iNGLCFNT SEXUAL CONDUCT AND NUDITY AND ADDING NEW SECTIONS TO SEY'AL :ONDUCT A;@ THE CITY COG[. NUDITY AND ADDING NEW SECTIONS TO CODE Motion carried on a Roll Call vote, three ayes. Item 7-F MISCELLANEOUS Councilmember Threinen suggested the following items for con- JOINT COUNCIL/PRAC sideration at the joint Council/S.D. 284 meeting on April 7: Mt'7TING 3/30/81 11 safety of children at Oakwood and Greenwood Elementary Schools and 2) community education. The meeting adjourned at 8:50 p.m. f 87-