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HomeMy WebLinkAboutCity Council Minutes 06-07-1982MINUTES REGULAR COUNCIL MEETING June 7, 1982 line regular meeting of the Plymouth City Council was called to ordet by Mayor Davenport at 7:45 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on dune 7, 1902. hLSLHT: Mayor Davenport, Councilmembers Moen, Neils, Schneider and Threinen, City Manager Willis, Assistant City Manager Boyles, Plafiner Tremere, (Engineer Moore, Park Director Blank, City Attorney Lefler, Assessor Walsh, Appraisers Novet ard hauderer. and City Clerk Houk AL6LNT bone CUNSENT A16LNUA hU11W was made by Councllmember Schneider, seconded by Councilmemoer Moen, to approve tehe consent agenda with the ueletlon of items 91' 7, 9L, and 9V2. notion cameo on a Koll Cali vote, five aves. uuAKU Of KEV1LW (Continued from Jtine 1, 1982) r ayor-Uavenport reconvened the board of Review at 7:47 p.m. The Council reviewea the findings of the City Assessor upon reappraisal of properties +4hose estimated 1982 value was appealed at the public hearing on dune 1, 1982. manayer Willis stated a cnatige, that being 557,C,UO to $56,000 on Ave. N. that only one property was recommended for a reduction in estimated market value from Mr. Nat Burkland's property at 12240 "4ti, 011. the people presenting appeals have been informed of the Assessing Department's reappralsa:rp. Assessor Walsh Stated that Mr. Donald Mildon, 4145 Hever: Lane, P.l.u. 1i -116-22-24-U035, had called this morning Lu appeal valuation. After review of the property, no change I recommended, mUT1UN was made by Counc.11member Neils, seconded by iuuveilmember lhreinen, to uphold the gssessing Department's values of propert,es 1 through '17 as listed on the 1982 board of neviem plaintiffs with the one change In the v4tie of the 1-4: operty owned by Nat Burklanu do,,' include the additional appeal of Piro Donald Mildon preser ted by Assessor Waish tonight. CONSZNT item 5 AGENDA Neyular Council Meeting rune 7, 1962 Page 145 Notioe carried on a Noll Call vote, five ayes. I ne doaml of Review was closed at 8:00 p.m. Payor and Council complimented the Assessing Department on their rine work and the fact that they are not only efficient but accurite in their evaluations. MINUTLS NUUUI4 was made by Councilmember Schneider, seconded by Councllmember Moen, to adopt the minutes of the special Council meeting of may 24 and the Hoard of Review meeting of 3une 1, 1142 as submitted. PluLion carried on a Koll Call vote, five ayes. NUbLiC ntAKiKZ manager wilds stated that the Council had previously scheduled this public hearing to consider whether or not two separate development districts should be established r:tthin the City. Uevelupment Uistrict Nu. 2 is in the vicinity of 494 and Highway 55, Umvelopment Ulstrlct No. 3 is in the vicinity of C.N. 18 and highway 55. if the-listricts are approved tonight, it i . the starf's intention to proceed with necessary planning and subsequently hold a second hearing on the adoption of a tax increment financing plan to undertake the public Improvements noted in the development program. the first proposed development district is for the central area of the City and incorporates the Northwest Business Campus currently ueitig developed by Prudontial Insurance Company. Fructential would bc assessed for the development abutting their property. 'I'his proposed extension of C.N. 61 From the wrudential pniperty northerly to C.N. 9 would provide for the transportation system needed to open up a substantial portion of N.i;,nouth, Additional. growth Is expected and it is appropriate now to contemplate the construction of the roadway. The County uuesn't have the financial resources t.o plan the dpvelopmcnt of this section of roadway. Manager Willis stated that if Plymouth is to remain ayyressive In its growth, they have to take opportunities which are availaule to them to generate funding sources. lite next step would be to embark on a study to oetermine wnetner ur not there are adequate Increments to Support these improvements. Louncllmember I hreine:n pointed out that the Council had previously uetermined that the key to further development in cn s arua 15 improved traffic movement. 14INUT'ES - SPECIAL MEETING OF MY 24 a BOAR OF REVIEW % DUNE It 1982 ltem 70 PUBLIC HEARING - MFOSE0 ESTABLISHMENT OF DEVELOPMENT DISTRICTS Item 8-A riegular Council Meeting lune 7 , 1982 Paye 146 Mayor Davenport stated that this project isn't being proposed to benefit the Prudential development. Manager Willis stated that Prti :ntial will be paying 100% of the road developmer;t within their plat and will not receive reduced development costs as a result of the tax increment financing district. Mayor Davenport opened the public hearing at 8:20 p.m. rvo one chose to speak and the hearing was closed at 8:21 p.m. i4e Mayor stated that Plymouth has contributed approximately 41t,000,000 in fiscal disparities which benefit other comp-snitles within the seven county area and, therefore, shoulon't apokogize for using the tax increment financing tool to promote dNvelopment. Moreover, tnere Is no other °inanc.ing necl,anism available through which municipalities can finance important street improvements. MUIiUN was made by Councilmembcr Threinen, seconded by Counci.imenwer Moen, to adopt RE50LUII01i N0. 92-257 ESTABLISHING LPtVLLuPMLWT UISTR1CT NU. 2 PURSUANT TC MINNESOTA STATUTES h^YkA 472 . A. motion carried on a Roil Call vote, five ayes. manager Willis stated the proposed Development: District 3 in the vicinity of C.R. 'lb and Highway 55 encomp.isses residential, industrial, and business uses. Charlton Companies has requested the development of this district, for whict! they will be aasessed the construction for their portion of the roadway. The extension of the service road would be reimbursed through the development by S. J. Groves to be hart of their proposed office Nark. if the Council approves the district, the next step would be to embark on a complete study of the amount of increment which may ue available. Councllme%ber Neils askad if the City would be committed to any of the projects outlined if OP. Council passed the resolution. I'hv establishment of the district may or may not result in the building of the service road and acquisition of property, Manager Willis stated that this is the maximum scope of the program touay ano will be reviewed. But whether or nct It can ail be executed will have to be studied. He stated the next step would ue to hire a consultant to decide,. if the plan Is eco.iomically feasible before the City commits itself to di:,lt hilly . Mayor Davenport opened the public hearing at 8:30 p.m. 11 RESOLUTION NO.82-257 ESTABLISHING DEVELOPMENT DISTRICT' N0. 2 Item 8-A negular Council Meeting June 7, 1962 Nage 147 James 0. Johnston, representing Charlton Companies, stated they nave peen working with the City for almost a year on this development. They would like to Improve the looks of the entrance to the City of Plymouth and encouraged the Council to approve the district. The public hearing was closed at 8:35 p.m. MuTiON was made by Councilmember Threinen, tbTAbLISHING DEVELOPMENT b'1A1 UTtb WAPTLH 472,A9 Councilmember Neils, seconded by to adopt RESOLUTION NO. 82-258 UISTRICT N0, 3 RWSUANT TO MINESOTA motion carried on a Noll Call vote, five ayes. rlanager Willis stated he will proceed as rapidly as possible on selecting a consultant on the districts, manager willis stated this public hearing is on the requested vacdtion of a portion of utility and drainage easement at Lot 1U, Ii1.ur_k 1, Mission Hills Nark 2nd Addition to provide the property owner with additional property to construct a swimming pool. Mayor uavenport opened the public hearing at 8:37 p.m, wo otte chose to speak and the hearing was closed at 8:37 p.m. MU 1100 was made by Councilmember Moen, seconded by Counc:i lme4nber I hreinen, to adol t NESULUI TUN NO. 82-69 AUTHORIZING THE VACA11UH Ut A PUHTION OF UTILITY AND DRAINAGE: EASEMENT LOT 20fo eLuCK 11 M1.551UN HILLS PARK SECOND ADDITION,, oration carried on a Roll Call vote, five ayes. PL111WHS, HLYUESTS ANU COMMUNICATIONS r MU11UN was made by Councilmember Schneider, seconded by Loluw.L!l1po er Moen, to adopt RESOLUTION NO, 8? -?60 AUTHORIZINC nr.LLAbL OF bt i t', PLHFUKMANCE BOND FOR VOLE' CONSTRUCTION COMPANY fUit LLLCI HOMLCHAN1CAL INDUSTRIES (A-750) . moLlor, carried ciii a Rell :all vote, five ayes. MU'liUN was made by Councllmember Schneider, seconded by Uuwic.elnie:nuer Moen, to adopt RESOLUTION NO. 82-261 AUTHORIZING KLU AbL OF 511E PLNFUKMANCL UONU F UH UNI UN CI TY MISS) UN, PI ONE R hvUbL 1A-64310 wut.tun carriev on. a Holl calL vote, five; ayes. RESOLUTION NO,82-253 STABL ,SHING DEVELOPMENT DISTRICT NO, 3 Item 8-A PUBLIC HEARING - EASEMENT VACATION MISSION HILLS PARK 2ND AW ITION Item 8-B RESOLUTION N0.82-259 Ul IL ITY & DRAINAGE EASEMENT, MISSION HILL.i 2ND ADDITION Item A -B RESOLUTION N0.82-260 tel. MING RELEASE PERFORMANCT. BOND ELECTROMECHANICAL INDUSTRIES (A-750) Item 9-A-11 RESOLUTION No.82-261 WHORIZI G RELEASE PERFORMANCE BOND UNION CITY MISSION PIONEER HOUSE A-643) Item 9 -A -2r J 11 Regular Council Meeting June 7p W62 t'age 148 MuT1ON was made by Couocllmember Councllmember Moen, to adopt RES01;T; ritutlCTiUsi OF SITE PERF0HMANCL bONU FOR th-4410 to 51C,00G.0U. Schneider, wconded by 44 NO.82-262 AUTHORIZING BALDWIN CHEVROLET COMPANY Motion carried on a Roll Call vote, five ayes. MUIlUh was made by Councilmember Schneider, seconded by Counrilmember. Moen, to adopt RESOLUTION NO. 82-263 AUTH09IZINC HtUUC11ON OF SITE PERFORMANCE SOND FOR CRAWR-WEIR COMPANY FOR SCUVILLL NHLSS (A-843) to $10,000.0U. Motion carried on a Roll Call vote, five ayes. MU'IIUN was made by Counellmember Schneider, seconded by Councilmember Poen, to adopt KESOLUTION NO.82-263A REDUCING ULVLLUNMENT bUh'', MLOIC1Nt LAKE HIGHLANDS (81010) to 5229600. motion carried on a Kol l Call vote, five ayes. Manager Willis stated that the Planning Commission has recommended approval of the request for a preliminary plat for Juhn L. "enniny rur "Henning's First. Addition" with twelve conditions. Cuuncilmember Tiireinen stated that the proposal isn't clear as to which portion of the land might be used for park. Manager Willes stated the decision on whether or not part of Mr. Hennings property will be needed for park will be made at the time of final plat. If land is needed, it would be LoLs 1-50 block 1. warp 0;.rectur blank stated that the Park Uepariment is negotiatlr g with St. Mary's church to lease a portion of their property for neighborhood nark use. No commitment has been made but the church board will be meeting to discuss the proposal sometime vhls mont.h. Uirector Blank will report back to the Courncil at that time with a recommendation+ as to the location of the future park. Planner Tremere stated that at exercise its option to require for the park. The developer is an out:lot at this time and it uevelopment6 final plat time the City could dedication of lots 1 through 5 planning to plat these lots as will not hold up his planned jao nch, 2o2Y University Ave., representing Mr, asked treat, it the park is designated on lets 1 through the City share 'n the construction costs Of the road, questioned the requirement that Uutlot A be deeded to for future C.R. 15. Councilmember Schneider explained pulisy on rodo dedication for those roads identified City's Thorouyhfare Gulde Plan, Henning, 5, would He also the City the City on tho RFSOLUTION N0.82-262 REDUCTION OF SITE PERFORMANCE BOND BALDWIN CHEV (A-449) Item 9-A-3* RESOLUTION N0.82-263 REDUCTION OT SITE PERFORMANCE BOND CRAMER-WEIR CO. SCOVILLE (A-843) Item 9.B* RESOLUTION N0.82 -263A ED BOND -MEDICINE LAKE HIGHLANDS ( 81010) Item 9-C* PRELIMINARY PLAT JOHN HENNING 79036 ) Item 9-D keoUlar Council Meeting June 7, 1962 Page 149 Jonn Henri:nq, stated the neighbors :.o the west of his property may want access to the rear of their lots through Block 1, Lot 4, and tie nas told them he will defer development of the lot to give them an opportunity to acquire the property from him. fne Planning Commission stated that If the neighbors want to develop a read they would have to buy lot it was noted that the Council was not approving the road but only acknowledging that the reaue:t may be made at some Future uate uy the neighbors. Mu(iuh was made by Councilme er poen, seconded by Councilmember Threinen, to adopt NESULUTIUN NO. 82-264 APPROVING PRELIMINARY NLAI FuN JOHN L. n1NNINU FOR "HENNING'S IST ADDITION" LOCATED IN tClluN 35, WUNTH AMU SOUTH OF COUNTY ROAD 15 (79036)4 notion carried on a Roll C.:ll. vote, five ayes. he Planning Commission considered the final plat request of Trasmell Crow for "Plymouth Business Center 2nd Addition" and Phash 11 site plan of MPUD 78-1 and following their consideration recommended dental because the plat would not conform to prior Council direction to eliminate a yard se0ac.; variance. planner Tremere stated thea, ars two if -sues; cne having to do with Uouncii's pvior directlon and the second consideration is the tte plan for two huildings in Phase Ile Based on the L uuncil uirection, the prntperty ! lne shoiilid be adjusted 15 feet winch would of neceWj, 'k ! create iome duijustments withici the Pnase it area. The devetoper is proposing the development of isiarxls of green area I;o break up the blacktop. Plditrer Tremere snowed the "proof -of -parking" plan wl.ich the Louncll approved last year. 'he Crunciics concern was that if all the parking was needed in the future, there would be no room for yreen strips hc:cween the buildings. The petitioner at this step is statln4 he car, provide green strips but thy: Planning Cotunl,sion is concerned that if all parking were required in the tuture, they wr)uid remove these strips and make il, all parking lut, tie states adjustments could be made later dui lrcy Phase Ii anu tree green space could be retained even with increased NarKiny requ r:iments. herr, Woodhouse, representing 'frammel.l. Crow, stated the proof of parking scheme previousiv shown is over the minimum parking stelnoares. Iney set Forth In their leases the numb.:r -f parking shares H tenant can have. In order to not hive to redo their hruef= of parking plan, he suggest nd a perpetuv.l covenant on the pdresl that certain green areas w'.l.r not up taken out to assure Me Council that they w111 be ret.ainede He sc.Pted that they are watehiny i.rieir parkinq requiremenus and ar;: being Careful in how much pai'tiny they give to each lessor. RESOLUTION N0.82-264 PRM1141MRY PLA JOHN Le HENNING HENNING'S 1ST ADON. 7`.7:'6 ) Iters 9-D j )'%R INCE 9 FINAL PLAT/PLAN, SITE PLAN TRAMMELL CROW PLYMOUTH 3IISINESS CENTER (81044/82023) Item 9-E B Hegukar Council Meeting June 7, 1982 Nage 150 Councilmember Threinen stated he is concerned with the green space to the west as there are hovel there which look down on the developmnnt. Could these areas be designated as green space forever? Mr. Woodhouse answered they had already enlarged the careen space to the nest in spite of the fact that it had been approved for parking. Far a Wor4dhouse proposed the City had asked for, paving the most visual parKiny spaces between the use ofthe parking in the future. a 40 fort Island rather than the 30 foot The le4ndscaping Is planned for the area impact to the neighbors and 494. The the bcdldings cannot be taken out while space!3 to the west may become necessary Councilmember Schneider asked if Trammell Crow would be willing to allocate space for parking from Phase II1. Mr. Woodhouse answered he wouldn't like to commit to anything at this time. Councilmefter Schneider e,tated it woulc. mean that Phase III uuildings would have to be reduced but he would like the proof -of -parking for the entire development allocated with the chase lit area. Mayor uavenport state] lit' believed the parking should be allocated during development to spread the parking over the entire uevelopment and not all to the south In Phase III. He stated concern that the petitioner wiwld have to carefully ° mon or occupannles Lind parking needs to a%o fl running out of parking space before buildings were fully !Rased. c'iscussion continued on the Council's previous direction to change the lot line by 15 feet to the vest. Hr. Woodhouse stated lie would have n3 problem with a covenant prohibiting removal of the widened greenstrip adjacent to Annapolis Lane as well as the other green strips. Councilmember Iain stat.,ed the green areas should be specified. MUIiUN dtas made by Councilm,mber Neils, seconded by Cuuncllmember Ihreinen, to adopt HE ;OLUTION NO. 82-265 APPROVING wuU FINAL PLAN ANU PLAT FOR THAMM!1 L CROW COMPANY FOR "PLYMOUTH uU&(L,bS CENTill SECONU AUUITIUN" Of U0 76-1) (81044). Motion carried on a Hull Call vote, five ayes, rwiluN was glade by Councilmember Schneider, seconded by Mayor. Uavenport, to adopt HLIULUTION N0. 81-266 SETTING CONDs'ItO`fS 1ALUARUING APPROVAL OF AND TO 8L MLT PRIOR TO FILING MPUD FINAL FLAT ANL PLAN FOR "PLYMOUTH BUSINESS CLNTER SECOND ADDTION" WUU 78-1) FOR THAMMLLL CROW COMPANY (61044) deleting condition 06 and adding a new 08 as follows: "prior to final plat submittal a revised proof -of -parking plan, retaining the proposed green strips In Phase It, be provided for the frill amount of ordinance required parking for the entire PUD." RESOLUTION N0.92-265 VIRAL TRAMMELL CROW CO. PLYMOUTH 3USINE5S Ci'NTER ( 91044) Item 9-E RESOLUTION NO.92-266 5 TTIt C C9 IT ON5 PRIOR TO FILING PLAT PLYMOUTH HI ISIW S5 CENTER, TRAMMELL CROW COMPANY ( 81044 ) Item 9-E Negular Council Meeting June 7, 1982 4aye 191 butib i I IUTE MOTION was made by Counc 1 lmemhe r Neils, seconded by Councllmember Threinen, to adopt RESULJTION NO. 62-266 SETTING CuhU1Cl'WS KLGMWING APPROV& OF AND TO BE MET PRIOR TO FILING WUU r 1NAL PLAT ANU PLAN for " Rlymo+ith Busines Center Second Audition" (K-dU 76-1) for Trammell Crow Company (91044) adding condition Yy as follows: "Appropriate convenants shall be filed with the final plat requiring the -green space shown on the site Ulan on the north, west, and south of the site and on the east adjacent to warehouse Y2 as shown on the exhibit staff dated b -7 -til and placed on P , le, to be maintained as green space in perpet+i_tf." Al=o, add condition #10 as follows: "Further necdAssdry adjustments to the MPUU proof -of -parking plan shall be maue from the area designated "future building" on the site plan. Prior to approval of the site plan for the site uesiynated as "future building" on this plan, the proof -of - Narking plan for the M'UU shall be evaluated against standards then in existence." mr. Woodhouse po' ' ted out the green areas he would agree could stay in Place forever. When it comes time to evaluate Phase III the current Narking needs will be evaluated as to the parking being proposed in Phase IIi. Engineer Moore prepared the exhlnit showing the green areas which is to be reflected in the covenants. Pity Attorney Lefler urged the elimination of condition p7 because it is simply a restatement of ordinance and shouldn't be handled with covenants. MUTIUN Mas made by Couneilmember Schneider, seconded by Councilmepber Neils, to amend by deleting condition 117 and renumber the remaining co lit Ions. Motion to amend carried on a Roll. Call vote, five ayes. buustitut.e motion, as amended, carried on a Holl Call vote, Five ayes. heyaru.iny Lhe site plan, Councilmember Schneider asked Mr. wuodnouse why the Council should make an exception as to the nuitwer of overstory t les as provided in the aiidscape policy, since this is an industrial development abutting a residential area. He beltpves there is a sea of asphalt in the dpvclopmr,nt wnicll should have greet areas, and trees. This Is Lhe first requested policy exception and the Council should assure the proposed plan is a very god one. Councibnember 1hrelnen stated trees are durable and taller than siuubs anu are needed to break up the vertical Impact walls of 0e warehouse. Nt3 st:auxi more trees art : warranted. r" I Regular Council heating June y, mage 1.52 ter. Woodhouse asked for two weeks planted and invited the Council explained the proposed plans and lieu of approximately 59 trees. to get all the P,.ase I shrubs to make an inspection. He the use of rock and shrubs in MUT10k was made by Councilmember Schneider, seconded by Councilmember Threlnen, to adopt RESOL1s1s'IGN N0.82 -266A APPROVING sloL FLAN FOR TRAHMELL CROW COMPANY FOR. THE SECOND PHASE OF PLVWUUTH BUSINESS CENTER" WUD 78-1 LOCATED SOUTH AND EAST OF ANNAPOLIS LANE, WEST OF INTERSTATE 494 (62023) and add condition oy as follows: La,kdscape islands shall have concrete curb, shall be sodded and shall be planted with trees. MuIIUN wAs made by Councilmember Schneider, seconded by Councilmember Threinen, to amend the motion to add condition p1O as follo%s: The landscape plan shall be enhanced to increase the number o_ trees to comply with the landscape policy, A.e. an additional 59 trees. Councilmember Schneider stated the intent of the amendment litcludes direction to staff to verify compliance with the landscape policy. Motion to amend carried, three ayes. Mayor Davenport and Councilmember Neils voted nay. Motion on amended resolution carried on a Roil Call vote, five ayes. Planner Iremere stated that this request for a revised PUD final pian/plat for Lowry Hills Construction Company for "Deerhaven Second Adition" ItPUD 81-4 (81011) has been reviewed by wePlanning Commission, The Issue which was before the Commission was the fact that the building on the west Is moved approximately '15 feet closer to the Deerwood Lane property line. Lt is within the setback requirements but was changed from 65 feet to 5U feet and placement of the buildings is rotated somewhat, The Planning Commission recommended approval with the understanding that the berming and laid scaping remain as aiiproved0 Counvilmenwer Schneider asked about existiny berming and whether it could be extended around the corner to eliminate the view of the Lopnhouses from the house across the street. Bernie Barr, developer, answered that the townhouses w.ii i be almost 0vBible from the street. veil Weber, corner but corner. architect, stated the berm care be wrapped arourd tht.. he doesn't want to block the view of traffic at the RESOLUTION 82-266A APPROVING SITE PL-A%N TRAMMELL CRAW CO. PLYMOUTH BUSINESS CENTER MPUD 78-1 82023) Item 9-E neyular Council Meeting June 7, 1962 Nage 153 Tne Mayor suggested moving the juilding a little further back on the lot to give more room to the front. Mr. Weber stated he could get a setback of more than 50 feet but it probably won't be b5 feet. He added he is willing to herm as high a* the City w i i allow. mil.Ut4 was made by Councilmember Schneider, seconded by Counciimember Moen, to adopt I:ESOLUTION N0. 82-267 APPROVIOG rttVIbtU I UU FINAL PLAN AND PLAT AND CONUITIOKAL USE PERMIT AMLNUMLNT FUM LU%HY HILL'S CONSTRUCTION COMPANY FOR "DEERHAVEN btCUNU Aut;ll LUN" (RPUU 61-4) ( 81011) . notion carrieu on a Holl Call vote, five ayes* muhOh was made by Councilmcerber Schneider, seconded by Aayor uavenport, to auopt HESULUTION NO. 82-268 SETTING CONL'ITIONS rtLAl iPtm 1U .%IU IU UL MET PHIUH TO FILING REVISED PUD FINAL PLAN wiu rLAS , Cuhu1110NAL USE PERMIT /OCNUMENT AND SITE PLAN FOR LUONY IULLS L'UNSrkUCTION COMPANY FOR "11; Flit'AVEN SECOND ADDITION" WUU bl-4)(tl1U11) adding condition 05 cis follows: "The berm on t:v: norto..east corner of 57th Avenue and Deerwood Lane be uicreased as much as would allow for safe visibility, extended in an easterly direction subject to approval by the City tngineer." Notion carried on a Roll Call vote, five ayes. Manager Willis stated that the appeal of Board of Zoning Adjustments and Appeals ruling by Ward Krueger/KLK Construction Company, Inc., is for sethack varlarices For property at 17210 1Yth Ave. N. lLot 1, block 3, Oakdale West Addition),, The Board of Loniny Adjustment and Appeals found that there was not sufficient basis for granting the request. Mr. Krueger has subsequently petitioned the Council to overturn the decision of t ive Uod rd . utscusslon followed on the width of lots 2 and 3 at the 35 foot setuack and the 5u foot setback. Helen Harrison, 2755 Holly Lane, representing Ward Krueger, dSKedTorr vail ances to allow a 47 foot setback rather than ':he setbacK wnirh would be necessary to comply with the terms of the plat approval for this .lut (arid for Lot 3), the house on lot Z, at did b1 ic:it setback, would look at the backyards of the houses on either slue of It. She proposed revised equal setbacks for the tiome%> on lots 2 and 3. Cuuwiel tmenwer Schneider stated this f,roblem was discussed edrlis,r with Uon hyrun who platted the i.ots. Mr, Myron Stated Ile cuitid design a home to Pit on this lot and on Lot 3, and tneretove: asked for 3 lots rather than 2. He sugtlested that a houAe could be custom de:iagned for the .lot; Ms. Harrison re,ipoi, 'ed such a design wool: not he tleslrab_e. RESOLUTION N0.82-267 APPROVI NIG F1 RXI Ii PLAN AND CUP, L OWRY HILLS CO. OEERHAVEN 2ND ADUN" 81011) Item 9-F RESOLUTION N0.82-268 SETYINC C010ITIO LOWRY HILLS CO. DEERHAVEN 2ND ADDN Item 9-F APPEAL OF BOARD OF ZONING -WARD KRUEGER Item 9-G Regular Council Meet i ng June ?, 1yt31 Pape '154 Cotmeilmearber 1hreinen stated that"', the rcauest doesn't meet any of the 0. r4tgrla for granting a variance. Mayor Uave sport :Mated stated no could build setback and now he is rAyron should be p: e:sent thal; whem this lot was divided Mr. Myron a house un this lett with an 80 foot supp)rt ing the varlarict . He stated Mr. to explain this. uiscussiort continued on alternative setbacks for lots 1 and 3,. Mse ldarrison confirmed the petitioner coi-itrols Lots 1 - 3. PsullUN was made by Councilmember Moen, seconded by Councilmember bchneioer, to adopt RLSOLUVIUN N0. 62- UPHOLDING RULINC OF u%AnU (k 1ONIt4; ADJU51MLNTS ANU /.PPEALS IN THE MATTER OF WART` KnlLaN FON PHUNOTY LUCATtu AT 1721U 19TH AVENUE NORTH. Potion failed on a Holl Call vote, two ayes. Mav-)r Uavenport, Councilmemuers Hells and Schneider voted nay. I.ouncilmemder Schneider stated he couldn't on I:hesv three lots. He also would like answer Council's questions. Councilmember need for a variance gas creaked, in part, an interest in the property. MUTIUN was made by Counciimember Thretnen, of June 21 so Mr. exon documents regarding the peL.i boner for review by approve the variance Mr. Myron present to Threinen stated the by Mr. Myron who has CI oun%Llmember Schneider, seconded by to defer this matter until the meet.nq Myron could be present and sc, legal Ian,.) purchase could be provi ;ed by the the City AUorney, City Attorney Lefler Qtated that Ownel of tote lot, a basis Cor, the duded Ghat it would be important uueuments of the sale, to determine iviot ion carrieJ, five ayes. if Ward Krueger is the fee variance might be found. He for the Council to have the: the ownership intorest. Uius were rr. oeived on L,he 19b.) Se -d Codt Nrugram buL ^-..ie of the U.Luoor,, 3ubritt'ed the required inf'ormati-it -1h-)UL tn6r fir+ns, t is expected Ghat this information will be received and a recumnevvUatlorl for ou1)tr ct(#r will ve ..wallahte for tet;e ;lune 21 Inee:L .01Y% mullW was made by Councilmember Schneider, cieconded by CotunclimemUer Muen, tea .etlopt RLSt1LUTION NC. 81"-1-269 AMLf0INC ue.VLLWML•NT' COh11'4ACT FOH S:IiM1UT LAKL WOUOS 3111) ADDITCON A-r,b 1) . KoLipn carried on a Boll Call vote; f1ve eyes. 1)82 SEAL COAT la 11 OCR AM t L e'en 9-H* RESOLUTION NO.8?-269 AMENO M5C F,L i1T CONTHACT , SCHMIDT LAKE: WUOUS 3110 AOUN. A-691) I t. r;n'i 9-1* heyular Council Meeting June 1, '082 Nage 155 tIALIN was made by CGuncllmember Schneider, secondod by Councilmember Hoe ri, -to a+!opt RESOLUTION Ni). 82-270 APPROVING CKAK& OKULN NU, 1, NRUJECT U170 PHASE III, SCHEJULE G, SEW AND 6w L'14M11N1'fY PLAYFIELL% IMPHOVEHENTS - 2ACH.iRY RAYFILEO by auaing y-j,jb7.8U. Mut ion carrl.ed on a Roll Call vot.e., five aye,,, wu l l'JN was macre Ley Counci lmen#,er Schneider, seconded by Councilmember poen, tj adopt RCSOLUTION N0, 82-271 Otl)ERYNC NutiLLC htAh!NU UN 1HL NRUPOSEU VACAYION OF STREETS IN AND o.uJKL'trw l 1'U i -&L1, C1riL LAKE REGIONAL PANK. Mttaln carrteo on a RO1.1 CaJ 1 vote, five ayes9 lite property owners in Schiiildt's Garden Addition have submitted a petition for the Instillation of "Black Magic", a dust preventative, on Urbandale Court. Engineer (More statiecl the City staff will prepare the prellmtridey eng lneer.Lrg report on the proposed project. He stated he wants to Bio more research on it, product before recommending its usc. rrf1t) bwannsson, 16J0 Highway 55, stated there has been a dust problem o: this street for a number of years. Most of the neiyhbors have signed the petition and are wiltioig to pay for the product but they would like the City to apply 1.. They also ueLieve tree City should share in the cost. rianayer Willis sugyested the preliminary eng"nt Bring report, to the extent that they deal with evaluating the product, be incurred by the City. NUIlUN was made by Councilmember Moen, i4eils, to adopt &'.•UL-JTION NO, 82-272 i(LNUn1 , UUbT PHLVtN1Ai,LVE *.ASURES bChMiul'S UANULhS AUi)ITION, seconded by Couqcilmemher URtk liI NG PREPARATION OF ON URBANDALE COURT IN etutlon carried on a Holl Call vote, five ayes. I.011UN was made by Councilmember Schneider, seconded by L'uuiiciLwenwer Moen, to adopt Ri_SOLU1'I0N NO, 82-273 APPROVIN*,1 FUU,iib wvU bPH'IFlt'ATIONS ANU ORUERIN" AUVERTISEME.NT FOR B[03 Ni%UJL1:l 2U1 LAIUCKPAHLLH AUUITIUII, PROJECT 2U2 - WES] RIUGI: isINILa 41n AUUITIUN, PHOJfCT 211 - OXBOW HIUGE ANILT[^ ui 1L1l Y NNU blKLf l IMPH0LMENTS. Hution carried un a Holl Catl vote, five ayes. mU1104 was made Uy Councilmember Schneider, seconded by Coulit,11mumuer Moen, to adopt RESOLUTION NO,, X32-2:4 ADoPTINC A-NLZ) M*,N1 5, ViiU.ILCT NU. 22b In the amount of $2,113.19. Motinr carried un a Holl Cal l vote, rive ayes. RESOLUTION N0.82-270 CSN.. No . PROJECT 017, ZACHARY CtNMUNITY PLAY'FIEt.D PHASE. III, SEED, SOD Item 9-J+ RE'SMUTION N0962-271 RERNG E NG VACATION OF STREETS M1;UXQNE LAKE PARK Item )-K* SCHNIO'. ' S GARDENS DUST PREVENTAYIVE Item 9-L RESOLUTION NO.K-272 ORTILRING REF RT DUST PREVENTNTIVE URbANOALE COURT SCHMIDTIS GARDENS Item 9--L RESOLUTION NO.e2-273 APPRUVING L I357 SPECS, ORQI:R!I;.1 BIDS PROJECTS 201, ; X12, & 211 STREET IMP, Item 9-M' RESOLUTION NO.82-274 ADUPTIRG A57TUM, PROJECT N0. 228 Item 9-N* regular Council, Meeting, June i, 19b2 Nage 156 MUTIU14 was made lig Councilmember Schneider, seconded by Councilmember Moen, to adopt RESOLUTION NOO 82-275 RECEIVING NL FI Ti(ft FN PUBLIC IMPROVEMENTS AT *141) R.'DGE AT BASS LAKE STH AUATION, MISSION HILLS PARK 67H ADDITION, MINNEAPOLIS WORK mWSE. PRUP"TY0 RUDY BOSCHWITZ PARCEL, PARCEL OF LAND NORTH OF AM"ST Auul`(ION AND SOUTH OF HANEL ROAD, LAND SOUTH OF C.R. 10 t rel OF LAC14ARY LANE NORTH OF RAILROAD AND WEST OF NATHAN LANE, tvw PRUNUSEU uASS LAKE RIUGE ADDITION. ivaotion carried on a Holl Call vote, five ayes. Mayor Uavenport recommended that v5 mpt to 40 mph on 101 from C.R. two curves north of 19th Ave. and oe es.tablisneu on 101 ana C n4, dnd through the intersection in SLUdy resu.lts. Re asked staff sdkiie for a future rreet i ry. he speed limit be reduced from 6 northMard to the area of the a school speed limit of 30 mph Mtacent to the Oakwood school accordance with MnDOT traffic: o dr?df t a resolution ordering riultuN was made by CounciimPmt•er Schnetder, seconded by Cuuncilmembtr Moen, to adopt RESOLUTION NO. 82-276 AUTHORIZING I'hL r+U& ll' SALE OF TAX F ONF LI 1 PAHCF LS FOR NUN -PAYMENT OF REAL t51r1 t TAALbe notion carried on a Roll Call vote, five ayes. EMUFLUN wds made by Council;w,mber Moen, to I HL L0t4VLYANLL OF FAX FUIi PUBLIC USE. Councilmember Schneider, seconded by adopt RESOLUTION NO. 82-277 REQUESTING unrtll' PARCELS TO THE CITY OF PLYMOUTH Notion carried on a Noll Call vote, five ayes. MuT.IuN was made by Counci lmember Schneider, seconded by Counciimember Moen, to adopt RESOLUTION NU. 82-278 AUTHORIZING IAL PiAVOw ANU CITY MANj1(kR TO ENI LM 1 "1TO A U ISPOSi TION AGREEMENT Willi 1riE HLhNLPIN COUNTY OFFICE OF P0NNING AND DEVLLOPMENT FOR HiL 14UNNUSL OF ACQUIRING THE SENIOR CITI&N HOUSING SITE, rtut,iun carriee ora a Roll Call vote, five ayes. Mw luN was made bu Cuur c i intember Moen, seconded by Counci lm-mber Ihr:;ter., to auopt Ht5UL11FIUN NU. bZ-279 APPROVING THF kribIALL.ATIUN OF NO PAHK,ING S.IUNS UN THE NORTH SIUE: OF 'IST AVENUE wur lrr tit4.lhr11NV UN THE WLST AT SPATE HIGHWAY 101 ANI. PROCEEDING U%bIt_KLY 10 )dL. 1NILHSltCF1UN UP 1ST AVkNUL AND INLAND LANE. Iwot.tun carried on a Roll Call vote, five ayes. Ir) it. luN was imo.av by Courrcl.lmember Schneider, seconded by unci 1mw4)er Moen, t+ adopt HLSOLUT.ION NO. 82-280 APPOINTING N%HLNL1L MAHUNSKV FU THE BUARO Of ZONING AUJUSTME NT AND APPEALS for a term to expire January 31, 1984. Notion carr -it -0 on a Roll Call vute, five ayes. RESOLUTION NO.82-275 RECEIVING F'ETITZONS PUBLC IMPROVEMENTS Item 9-0-1 thru 7w MnDOT TRAFFIC STUDY C.R. 6 & 101 Item 9-P RESOLUTION N0.82-276 AUTHORIZING SALE Of TAX FORFtIT PARCELS Item 9-Q* HESOLUTION N0.92-277 CONVEYANCE OF' TAX FORrF. I T PARCELS TO CITY FOR PI1FtL 1C USE Item 9-Q* RESOLUTION N0682479 AGREEME14T WITH COUNTY TO ACQU.IRI" SEN T ON, CITIZEN HOUSING SITE Item 9-11* R1 . GLUT FON N0.82-279 TR:70716N PARKING SIGNS NORTH SIDE OF IST AVE ltrin 9-S RESOLUTION NO,8r -?80 APP014TMVN T TO ROAk0 M ZONING- LAWRF NCH' MAROF'SKY Itenn 9-T-1* neyular Council Meeting uune 7, 14a Nage 157 rruIALW was made by CounclImember Schneider, seconded by RESOLUTION N0.82-281 Louncilmember Noen, to adopt RESOLUTION •N0. 82-281 NAMING APPOINTMENT TO .D. NyTMI.CIA HUYT-NEILS AS NOMINEE TO SERVE AS COUNCIL 281 COMMUNITY ED & nLPHL5tmTAf.1VE TO THE: INDEPENDW SCHOOL DISTRICT 281 COMEIUNITY SERVICES CY,11 CIL LUUCATIUN & SLNVICLS ADVISORY COUNCIL. Item 9-f-2* motion carried on a Roll Call vote, five: ayes. oW Lull was made by Councilmember Schnelder, seconded by RESOLUTION NOe82-282 Councilmember Noen, to adopt RESOLUTION NO. 82-282 APPROVING PROVING 51SBURSE7 u tbuwn.LMLmI S f UK THL N NIUD ENDING 4/3U/82 in the amount of MENTS FOR PERIOD i i tvo ,7 14.16. ENDING 4/30/82 Item 9-U* u' wn carriers on a A011' Call vote, five ayes, muf.lure was made by Councilmember Schneider, seconded by RESOLUTION N0.82-283 Luufkcilmember Moen, to adopt HLSOLUT ION We S2-283 APPROWI 4; f?RS LICENSE eruuLLKb LICLNSL for Paul McDonald to sell tools. PAUL pt DONALD Itcsn 9 -V -1-a# rlot.Lon cd!<ried on a Holl Call vote, five ayese mul iviv was made by Counclimember Schneider, seconded by RESOLUVION NO.82-234 Councilmember Moen, to adopt hLSOLIIf iliN Nu. ti2-284 APPROVING PEDDLERS LICENSE PLUUI.LKJ L.IC'LNSL VUH Mary Patte:r::on, Recreation Supervisor, City RECREATION DEPT. ofVlymuutti, to sell pre -wrappers foods at the East Medicine Lake CITY OF PLYMOUTH ued'cti. Item 9 -'d -1-b' motion carried on a Holl Call vote, five ayes. Mu I luN wa. made by Councilmember Moen, seconded by Councilmember GARBAGE HAULERS 5chnelder, to defer the issuance of a Garbage Haulers Llcen;;e to LICENSE -SUNRISE" bur-trlse banitation until the applicant can be present to spea!: 3ANITATIGN to the Council. Item 9-V-? motion carriers on a (loll Call vote, five dyes, oul ivir was made by CounclLmember Moen, seconded by Counr..ilmembef. RESOLUTION NO.82-285 iiel is, to twupt HL• SULUTIUN NU, 82-285 APPROVING APPLICATION OF TEMPORARY 3.2 OR WviVU1010 m,UN-iNIUX1CATING MALT LIQUOR L1CLNSFS for David LICENSES LUhoUX, Poke Miroslavicr, Uaniel Super, and Nick Busch. Item 9-V-3 LuunCL bitember %)cwte Lder stated he had d call from the homeowners dSbUQLdLwn near Lachary playfield stating they want a 3.2 beer lt.ue.r sL to rx)lu d picnic and sof'tbal L game out they found that Lilt, uram sirup insurance wa`, too expensive. ALLuriiey Letter rLateti that lie believes the. City should not make do except.wii since the State has nuw covered 3,2 beer under the uram shop reyuireinerlts. IIIUL ion CdMiMi oil a Rol l Call vote, f ive ayes. hegular i.otlncll Memting lune 7, 1962 Page 156 K&OHI;S Ot OFF10ER59 13OAHIIS AND C014MISSIONS MUTTON was made by Councilmernber Schneider, seconded by Councilmember Moe., to adopt RESOLUTION NO, 82-286 ACCEPTING THE 1y§1 FINANCIAL REPORT ANU AUDIT, Ken Ja& , representing Moen & Penttila, Ltd., the laity's auditors, stated they found no flnanclai items requiring action. Uiscussion was held on how to better the City's credit rating; w1 ether it woula be profitable fox the Council to discuss t.ne matter directly with representatives of Moody's. motion carried on a Holl Call vote, five ayes,, manager wit -Lis stated Council was provided consultants. He has stating how the policy steps should be taken to rward . mu i WN was Councilmember days, until prucedure, urat't policy their input, that at the last Council meeting the with t*o options on the selection of brought It back in a resolution format could be .implemented. If it. is adopted, o select a committee to move the proceaSs made by Counclimember Threlnen, seconded by Schneider, to defer this matter for at least 30 he Council has had time to further consider thea he Manager recommended that In the meantime the be sent to existing City consultants ttu solicit notion carried, five ayes. Mu11uN was made by Councilmember Moen, secorideo by Councilmember ihreinen, to defer the adoption or a policy creatlnq the Plymouth Nark and Recreation Land trust until the Perk and 1<et tation Advisory Commission has reviewed ood discussed It. Motion cdrried, fs.ve ayes. I'm Ilow was made by Councllmember Ne 1.1 s. seconded by Councilmemeer Moen, to adopt HES)LUTION NO. 82-287 CONFIRMING HAWut A 1 KUML GU IUL• L 1NLS F 0H HE. SI -14101i C I T I &N ULI L NEED bPLCIAL ASSLbSMENC POLICY. 11 -ie Lounci.l reviewed the policy rounu no chanyes necessary, for the 1?1.2 calendar year ,end mtmioh carried on a Roll hall vote, five ayes. RESOLUTION NO.82-286 ACCEPTING 1981 FINANCIAL REPORT & AUDIT Item 1C -A CONSULTANT SELECTION Item 10-H POLICY CREATING LAND TRUST Item 10-C RESOLUTION NO.A2-287 CONFIRMING ACI AND INCOW GUI0FL INFS FOR SENIOR CITIZENS Ite.11 10 -IJ mequi ar Council Mee .16ty junk 1, lrbt rage 1yy MuILuw was made by Counc.ilmember Schneider, seconded by Lounc.ilmember Threinen, that the City Manoger write the Park Keservc regarding: 1) the posting of a sign at Zachary and 36th Ave. to indicate when the access to the park Is full.; 2) that that temporary access will be clovied permanently by October, Wbj; 3) that some form of coTmounIcat. ifins be provided to those people using the access that it will (.lose on October, 1983 or when the ruad to CA. 9 Is opened, Nhicheyer comes first; and 4) that the Nark Heserve be reminded that they are to provide a turnaround at 36th Ave. motion carried, five ayes. Ne weetlr(y was ac journed at 11:35 p.m. 1