HomeMy WebLinkAboutCity Council Minutes 04-02-19840 MINUTES
REGULAR COUNCIL MEETING
APRIL 2, 1984
A, regular meeting of the Plymouth City Council was called to
order by Mayor Davenport at'7:30 p.m. in the Council Chambers of
the City Center at 3400 Plymouth Boulevard on April 2, 1984.
PRESENT: Mayor Davenport, Councilmembers Schneider, Crain,
Neils, and Moen, City Manager Willis, Assistant
Manager Boyles, Engineer Moore, Community Development
Coordinator McConn, Park Director Blank, City Attorney
Lefler, and City Clerk Houk.,
ABSENT: None
CONSENT AGENDA
MOTION was made by Councilmember Schneider, seconded by
Councilmember Neils to adopt the consent agenda with the
deletion of items 7-C and 7-H.
Motion carried on a Roll Call vote, five ayes.
MINUTES
NOTION was made by Councilmember Schneider, seconded by
Councilmember Neils to approve the minutts of Vie special
meeting of March 26, as .submitted.
Motion carried on a Roll Call vote, five ayes.
PUBLIC HEARINGS
Mayor Uavenport stated that notice of the public hearings had
been published in the City's official newspaper.
Manager Willis stated that the Council had previously approved
the request of the Mission Partnership for up to $8,500,000 of
loans to lenders financing to facilitate the construction of up
to 211 dwelling units In the Mission PUD. Because of continuing
high Interest rates, the Partnership has determined that they
will hive to increase the amount of borrowing. As a result,
this public hearing was set to consider the request of 'the
Mission Partnorship to Increase the previous limit to
S1010001000.
Mayor Davenport opened the public hearing at 7:42 p.m.
CONSENT AGENDA
Item 4
MINUTES - SPECIAL
MEETL k; OF
MARCH 26, 1984
Item 5*
PUBLIC HEARING -
MISSION PARTNERS
REQUEST TO INCREASE
LOANS TO LENDERS
UNDING
Item 6-A
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Regular Council Meeting
April 2, 1984
Page 68
No one chose to speak and the hearing was closed at 7:42 p.m.
MOTION was made by Councilmember Neils, seconded by
Councilmember Moen, to adopt RESOLUTION NO. 84-169 RELATING TO
THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA STATUTES,
CHAPTER 462C, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING
DEVELOPMENT; ADOPTING AN AMENDMENT TO A MULTIFAMILY HOUSING
PROGRAM AND AUTHORIZING SUBMISSION OF THE AM1£N.)ED HOUSING
PROGRAM TO THE MINNESOTA HOUSING FINANCING AGENCY FOR REVIEW AND
APPROVAL.
Motion carried on a Roll Call vote, five ayes.
Manager Willis stated that the developer, Robert Middlemist, and
the lut ow ier, David Berthiaume, have requested the vacation of
drainage easement on Lot 1, Block 2, Merry Middlemist Addition,
Mayor Davenport opened the public hearing at 7:44 p.m.
No vne chose to speak and the hearing was closed at 7:44 ).m.
NOTION was made by Councilmember Neils, seconded by
Coun.ilmember Moen, to adopt RESOLUTION N0,, 84-170 AUTHORIZING
THE VACATION OF A UTILITY AND DRAINAGE EASEMENT ON LOT 1, BLOCK
20 MERRY MIDDLEMIST ADDITION.
Motion carried on a Roli Call vote, five ayes.
PETITIONS, REQUESt.:.WD COMMUNICATIONS
MOTION was made by Coune-11member Sekoelder, seconded by
Councilmember Neils, to adopt RESOLOT'LUN N0. 84-171 APPROVING
FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR NICK M. LOSCHEIDER
CONSTRUCTION, INC. FOR RIDGECREST 3RD ADDITION (A-774).
Motion carried on R.,-11 Call vote, ''Ive ayes.
MOTION was made b rouncilmember Schneider, -..econdtl by
Councilmember Neils, to adopt RESOLU'i0N NO. 84-172 & TTING
CONDITIONS TO BE MET PRIOR TO FILING iF AND RELATED TO -INAL
PLAT FOR NICK M. LOSCHEIDER CONSTRUCTION, INC. FOR RIDGE.REST
3RD ADDITION (A-774).
Notion carried on a Roll Call vote, five ayes.
MOTION was made by
Ccoincilmember Neils,
ASSESSMENT, WATERMAIN
N0. 420 IN THE AMOUNT
Councilmember Schneider, secondeff by
to adopt RESOLUTION N0,, 84-173 ADOrTING
AREA - RIDGECREST 3RD ADDITION, PROJECT
OF $6,245.02.
Motion carried on a Roll Call vote, five ayes.
I
RESOLUTION NO.84-169
e*OGRAM FOR MISSION
PARI ::FRS, LOANS TO
LENDERS rtINANCING
Item 6-A
PUBLIC HEARING -
EASEMENT VACATION
Item 6-B
RESOLUTION N0.84-170
MERRY MIDDLEMIST
ADDITION •
Item 6-B
RREES OLUTION N0.84-171
DEVELOPMENT CONTRACT
RIDGECREST 3RD ADDN.
A-774)
Item 7-A*
RESOLUTION N0.84-172
RIDGECREST 3RD ADDN.
A-774)
Item 7-A*
RESOLUTION NO.84-173
WATERMAIN, pRr J. 420
RTDk;ECREST 3RD ADDN.
Item 7-A*
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Regular Council Meeting
April 2. 1984
Page 69
NOTION was made by `.uncilmember Schneider, secorded by
Councilmember Neils, to adopt RESOLUTION N0. 84-174 ADOPTING
ASSESSMENT, STREETt, CURB AND GUTTER AND UTILITIES - RIC aCREST
3RD ADDITION, PROJECT N0. 421 IN THE AMOUNT OF $143,531.09.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, second&,d by
Councilmember Neils, to adopt RESOLUTION N0,, 84-175 ADOPTING
ASSESSMENT, SANITARY SEWER AREA AND WATERMAIN AREA - RIDGECREST
3RD ADDITION, PRGJLCT 422 IN THE AMOUNT OF $3,999.90.
Motion carried on a Roll Call vote, five ayes.
NOTION was made by
Councilmember Neils, to
FINAL PLAN/PLAT AND
DEVELOPMENT COMPANY FOR
Councilmember Schneider, seconded by
adopt RESOLUTION N0,, 84-1:6 APPROVING
DEVELOPMENT CONTRACT FOR PARKLANDS
DEERWOOD ESTATES PLAT 2 (A-784).
Motion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NO. 94-177 ;ETTING
CONDITIONS TO BE NET PRIOR TO FILING OF AND RELATED TO FINAL
PLAN/PLAT FOR PARKLANDS DEVELOPMENT COMPANY FOR DEERWOOD ESTATES
PLAT 2 ;A-784).
Motion carried on a Roll Call vote, five ayes,-
MOTION
yes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION N0. 84-178 ADOPTING
ASSESSMENT, SANITARY SEWER AREA AND WATERMAIN AREA - DEERWOOD
ESTATES LAT TWO, PROJECT N0. 424 IN THE AMOUNT OF $19,900.00.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by (ouncilmember Schneider, seconled by
Councilmember Neils, to iidopt RESOLUTION NO. 84-179 APPROVING
FINAL PLAT AND DEVELOPMENT CONTRACT FOR JOHN DEVRIES, DEVRIES
BUILDERS, INC., FOR DEVRIES 2ND AouirION (83031).
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Ccoincitmember Schneider, seconded by
Councilmember Nel.ls, to 4dopt RESOLUTION NO. 84-180 SETTING
CONDITIONS TO BE HET PRIOR TO FILING OF AND RLATED TO FILIAL PLAT
FOR JOHN DEVRIESO DEVRIES BUILDERS, INC., FOR DEVRIES 2ND
ADDITION (83031).
Motion carried on a Roll Call vote, five ayes.
RESOLUTION N0.84-174
STREET, CURB 8
GUTTER, PROJECT 421
RIDGECREST 3RD ADDN,
Item 7-A•
RESOLUTION N0.84-175
SANITARY SEWER AREA
RIDGECREST 3RD ADDN.
PROJECT 422
Item 7-A*
RESOLUTION NO.84-176
DEVELOPMENT CONTRACT
DEERWOOD ESTATES
PLAT 2 !A-784)
Item 7-B•
RESOLUTION NO.84-177
SETTING CORDITIM9
DEERWOOD ESTATES
PLAT 2 (A-784)
Item 7-B•
RESOLUTION N0.84-178
SANITARY SEWER`AREA
DEERWOOD ESTATES
PLAT 2, PRODf, 424
Item 7-B*
RESOLUTION N0.84-179
I %1. . • r II M VL..
CONTRACCr, DEVRIES
2ND ADDN. (83031)
Item 7-C
RESOLUTION N0.84-180
DEVRIES 2ND ADDN.
83031)
Itew 7-C
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Regular Council Meeting
April 2, 1984
Page 70
MOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION N0. 84-181 ADOPTING
ASSESSMENT, WATERMAIN AREA - DEVRIES 2ND ADDITION, PROJECT N0,
423 IN THE AMOUNT OF' $16,512.00.
Motion carried on a Roll Call vote, five ayes.
Managec'Will•is- stated that Tipton Corporation has requested a
lot division for Tract 8 for single family residential
development.
MOTION was made by Councilmember Neils, seconded by
Councilmember Crain, to adopt RESOLUTION NO. 84-1-!,? APPROVING
LOT DIVISION FOR TIPTON CORPORATION FOR TRACT B, RE,.. STEREO LAND
SURVEY N0. 1540 (84012).
Motion carri."d on a Roll Call vote, five ayes.
MOTION was made by Councilmember Neils,-econded by
Councilmember Crain, to adopt RESOLUTION MCI. 84-'83 SETTING,
CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION
FOR TIPTON CORPORATION (84012).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION N0. 84-194 APPROVING A
CONDITIONAL )SE PERMIT FOR JEROME JENSEN, LYNrU.E TERMINAL
COMPANY, FOR A CLASS II RESTAURANT IN THE HOL71-- %Y WAREHOUSE
STORE LOCATED,AT 4445 NATHAN LANE (84017).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councllmember Neils, to adopt RESOLUTION NO. 84-185 APPROVING
VARIANCE. AND SIGN PLANS FOR FOX RUN FOR LUNLYREN BROTHERS
CONSTRUCTION COMPANY, INC. (82066).
Notio4 ctarried on a Roll Call vote, five ayes.
Manager Willis stated that the petitioners, f!tn Barkley and
Joseph Scheitlin, are requesting a variance •om subdivision
code for a lot division for property located at the northwest
corner of 28th Ave. and Evergreen t.ane. They are unable to be
at tht meeting tonight and have requc,sted that the matter be
pustponed.
MOTION was made by Councilmemb;r Schnetter, seconded byICouncilmember. Crain to defer the request mtil the regular
Council meeting of April 16.
Motf,on carried, five ayes.
a,
RESOLUTION N0.84-181
WATERMAIN AREA
DEVRIES 2ND ADDN.
PROJECT 423
Item 7-C
RESOLUTION NO.84-182
LOT BIVISION
TIPT,)N CORPORATION
84012)
Item 7-D
RESOLUTION 00.84-183
SETTING -CONDITIONS --
LbT DIVISION
TIPTON CORPORATION
84012)
Item 7-D
RESOLUTION NO.84-184MHDITIONALUSE
IDERMIT, LYNDALE
TERMINAL CO. (84017)
Item 7-E*
RESOLUTI014 NU.84-18`
PLANS, FOX RUN
82066)
Item 7-F*
SUBDIVISION VARIANCI
DEAN BARKLEY &
JOSEPH SCHEITLIN
84010)
Item 7-C
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Regular Council Meeting
April 2;!1984
Page 71
Councilraember Schneider asked how many parking stalls were being
deleted and added and whether the number being added would solve
thew problem of clients parking on the street in the
neighborhood. He asked for assurances from Dr. Hunder that a'1
on street parking would,ceasee
Planner McConn stated
requirements for an
requested are in the
setback ,from the north
that the petition does •meet parking
office building. The two variances
width of the driveway and the building
property line.
Dr. James Hunder, 1025 Evergreen Lane, stated that the parking
as panne • should be adequate for the businesses currently in
the building.
Councilmember Neils asked where he planned to put the snow
removed from the parking lot. Dr. Hunder answered that the
plowing contractor will remove the snow from the lots
NOTION wag ma0e by Councilmember Moen, seconded by Councilmember
Schneider, to adopt RESOLUTION NO. 84-186 APPROVING SITE PLAN
M ENOMENT AND VARIANCES FOR DR, JAMES HUNDER FOR PROPERTY AT
1025 EVE4MEEN LANE (79038) with condition O11 added as fol'ows:
That all parking spaces be useable year round."
The Council intended that condition ftl particularly address the
issue of snow storage.
Motion carried, on a Roll Call vote, five ayes.
Mayor Davenport asked
rezoning his property
meeting. Dr. Hunder
rezoning $
Or. Hunder's position on the matter of
which would be discussed later in the
stated he is opposed to the proposed
MOTION was made by Mayor Davenport, seconded by Councilmember
Moen to reconsider Resolution No% 84-186.
Motion carried, five ayes$
MOTION was made by Mayor Davenport,
Schneider to dtfer this resolution
rezoning is discussed.
Motion carried, five ay.ss
seconded by
until after
Councilmember
the matter of
Planner McConn stated there is a requested varl xice from tht:
fire lane requirements and the peti-.1oner is asking for two
accesses onto Medina Road. The Fire Inspector has recommended
that the fire lanes be constructed. Tho Code also requires that
the entire building be within 300' of a flre hydrant and this
question has not yet been resolvedr.
SITE PLAN AMENDMENT
DR. JAMES HUNDER
Item 7-H
Q
SITE PLAN REQUEST
DARRELL HIEUER, IMR
INC. (84007)
Item 7-I
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April 2, 1984
Page 72
Sohn DuffX0 representing Darrell Heuer, IMF Inc., stated they
eeve two accesses to Medina Road would provide for better
traffic Ylow. They are asking for a fire lane variance on the
east side if the building and he added that the fire hydrant
location h.% been resolved with the Fire Inspector. Planner
NeCornn sta.tod she hasn't any verification of this. Mr. Duffy
stated they will comply with the Fire Inspe Aor's
recommendati as on the fire hydrant.
Regarding the fire lane variance, they feel they have a hardship
as there is an 18' difference In elevation between their lot and
the adjoining lot. To build a retaining wall would be too
expensive and t(% grade the slope at an acceptatle angle would
require extending C`s' into the adjoining lot. Also, because
they plan on expen(,ing in the future, he requested that they be
allowed to Install a gravel fire lane instead of hard surface on
the north side of the building. He added that every portion of
the b-+llding Is within 300' of a hydrant.
Planner McConn stated that the Fire Inspector has stated that he
still feels that because of the type of business this is, the
fire lanes should be provided on all sides of the building.
Discussion continued on the type of business planned, what
chemicals Are used and where they would be stored In the
buil.::ng. Councilmember Schneider confirmed all chemicals would
be stored in conformance with all applicable regulations.
MOTION was made by Councilmember Schneider, seconc:ed by
Councilmember Moen, t:, adopt RESOLUTION N0,, 84-187 APPROVING
SITE PLAN FOR DARK.LL HEUER, IMR INC. (84007) with the following
amendment to condition Bht "That a variance be provided for the
east fire lane but that no variance be granted for locations of
the fire hydrants; that a variance be granted for the fire lane
on the north side of the building so it cdn be Installed to a 7
ton gravel standard for no longer than 5 years after the
building is occupied."
Motion as amended carried on a Roll Call vote, five ayes.
Planner McConn stated that this is a request from Dirlam
Development for RPUD variance and concept pl.,n approval for
a pro;iect to be know, as "Wooddale". The Planning Commission
has rec% mended approval subject to seven conditions. The
developer Feels that in order to begin, they would .like approval
for both visitor are. construction traffic to use a temporary
access from Vicksburg Lane. Staff recommends that the access be
located in the northeast corner of the site instead.
RESOLUTION N0.84-187
HEUER, IMR INC.
84007)
Item 7-I
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April 2, 1984
Page 73
DennisD, 14791 Martin Drive, stated this is a 36 acre
eve They need temporary access to the construction
during the first phase. They .re asking for permission to put a
temporary access in the southN%st corner and at the time of
final plat they will proceed with the ^.onstruction of Hamel Road
at which time they would vacate the temporary access. They will
proceed to obtain easements for Hamel Road quickly so as to use
the temporary access for as short a time as possible. The
development will be in two phases, the first being the northwest
half of the site then moving into the southeast portion,
Engineer Moore stated their concern is that the proposal called
for "proposed" Hamel Road. The developer's letter of March 19
states they will provide a financial guarantee stating that
Hamel Road will be constructed and he would like this language
In the development contract to insure that the deveinper is
responsible for constructing Hamel Road, possibly in 1985.
Mr. Dirlam stated that they are working on getting the sewer in
this season but they would like the first phase in this year and
proceed with Hamel Road, either themselves or petition to have
the City do the work. r-nglheer Moore explained sewer must be
extended from the adjacent development to the east.
Councilmember Crain asked how this development would contribute
to the amenities of the neighborhood. Mr. Dirlam answered that
10% of the land will. be outlot with recreational facilities.
MOTION was made by Councilmember Schneider, second;d by
Councilmember Neils, to adopt RESOLUTION N0. 84-188 APPROVING
VARIANCE AND RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN
FOR DIRLAM DEVELOPMENT FOR WOODDALE (84011) amending condition
4 afters "A waiver from the 40 acre minimum sire requirements"
by adding the following; "contingent upon an executed
development contract whereby the developer is responsible for
the Hamel Road Improvements," Deleting condition #7; and adding
the following as new condition #7a "Temporary access to
Vicksburg Lane shall be permitted once the developer has
submitted a petition and the required financial guarantees for
the construction of Hamel Road."
Motion carried on a Roil Cali vote, five ayes.
Mayor Davenport stated that. this is a re4u8st from Construction
Mortgage Investors, Inc. and Gonyea Investmeiits for a land use
guide plan amendment, MPUD concept plan, preliminary plat,
preiiminary pian, reauniriy, aotd voiidltlonal use permit for
approximately 27.5 acres located south of 15th Ave., north of
11th Ave. -and west of Pineview Lane. A public hearing was held
by the Planning Commission and, because of this, he is allowing
two residents to address the Council tonight.
RESOLUTION N0.84 -18b
CONCEPT PLAN
WOODDALE (84011)
Item 7-J
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April 2, 1984
Page 74
Planner McConn stated that the Planning Commission and Council
have considered several proposals for this property in the
past. The current petitioner requests reguiding to LA -2. This
would result In a 1.8 acre, industrial piece of land and the
remaining property would be for 40 single family detached Fomes
for a density of 2.3 units per acre in accordance with previous
agreements with the landowner of the property. Staff believes
this would be an' acceptable PUD in spite of the fact that it is
less than 40 acres. They believe the developer has addressed
the concerns previously expressed by the neighbors. She added
that the trail location was reviewed by the Park and Recreation
Department and they recommend the trail be on the west side of
the Industrial parcel. Th developer has requested that the
trail be relocated onto the east sides and the Planning
Commission has concurred. She summarized the previous proposals
for this site and the fact that the neighbors felt that the
de!131ty as requested had been too high. They also had concerns
about traffic circulation and transition to the existing single
faintly area.
Cc.ncilmwmber Neils asked if the trail were installed before the
three single family lots were built on, would the Park
Department still have the same concerns. Park Director Blank
ans•iered that some people find it a problem having a trail in
their backyard. Councilmember Neils stated she didn't find the
argument for locating the trail on the west side of the
industrial building very persuasive.
Stephen Ryan, Construction Mortgage Investors, Inc., stated that
t s piece of land is unique. He highlighted the issues a
purchaser looks at when buying this site Including the fact that
it is a transition parcel, is 37% pond, is a backyard
recreational area for the existing homes, and has no access from
12th Ave. He summarized the constraints on the best use of the
pruperty including the ponds and easements which restrict the
future use of the property, the trail plan on the west of the
site, the street right-of-way, berming and screening the
existing industrial building to the west of the site, the treo3
they would like to protect, the usable backyard size of tl.e
east lots, and bordkr setbacks around the ponds. They held a
meeting with the neiylibirs In January to discuss the lssuesl the
connection with 13th Ave., placement of recreational equipment,
and tree preservation along 11th Ave. They are providing a
single family low density plan, which they believed the neighbors
wanted. They are proposing 40 units which will each be
approximately 112 acre divided between their own lot and the
recreational amenities. They feel strongly that the loop street
system will provide the most privacy for the new neighborhood as
well as the greatest amount of privacy for the existing
ne:lhborhood6 E
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Regular Council Meeting
April 2, 1984
Page 75
Mayor Davenport asked the square footage of the proposed homes.
Mr. Ryan answered that they are between 1500 and 2000 square
feet, for illustration purposes only. There are several lots
where trees probably will be lost but it will be minimal
disruption bid the builders will try to remove as few trees as
possible.
Councilmember Schneider asked for a fustificationv for the 25'
front yard variance requested. Mr. Ryan answered that In doing
the calculations of traffic generation, the engineer stated that
a 50' r'.ght-of-way Mould be required which necessitated the 25'
setback request.
Councilmember Schneider asked if the houses couldn't be set back
another 10' or 151. Mr. Ryan answered that they could, but
because of the narrowness of the property, they felt that in
order to create more usable backyard area, the request was
necessary.
Discussion followed oa the slxe of the transi'•ton lot4 to the
existing neighborhood.
Bill Lap1p, 12840 11th Ave., statee that the neighborhood is ).ot
ant - eve opment but he feels they have the right to expect tha:
the development be compatible with that already there. They
believe that 1/4 acre is in fact the size of the lots vnd %;he
ponding should not be included. He believes there f.s the,
flexibility to make the plan more acceptable to the neighbors,
lie suggested 30 units to increase the lot size. He believes
that the LA -2 guiding should inc&..ie the dtveloper assuring the
neighbors that duplexes will r,?%ver be built on the site. The
neighborhood is concerned about the access to 13th Ave. They
were promised that 13th Ave. nauld remain a dead end. They
would prefer 15th Ave. or 12th Ave. for the access to the site.
They also want the developer t2 pay for widening the street and
not the rest of the neighborhood.
C'
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Jim Winkler, 1230 pineview Lane, stated his concern Is also with
opening Mh Ave. They would prefer access to the north of the
site.
The Council agreed that 12th Ave. would be the least desirable
of the options.
Mr. Ryan stated that 4r. Dempsey, the property owner to the
north, is indifferent to the proposal.
Engineer Moore stated that Sycamore Lane, as shown on the map,
doesn't currently exist, and there is no watermain in the area.
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Regular Council Meeting
April 29 1984
Page 76
Discussion continued on the cost of upgrading the access to 13th
Ave. Engineer Moore presented the City's Thoroughfare Guide
Plan which showed Pineview Lane as a minor collector street for
the area. One of the maior problems in the area will be access
to Highway 55 in the future as it is expected that several of
the present access will have to be closed off.
Mayor Davenport suggested a temporary -cul-de-sac where Sycamore
turns into 13th Ave. as it: would also benefit Mr. Dempsey to
have this connection.
Councilmember Neils suggested staff talk to Mr. Dempsey to
determine if he agreed.
Councilmember Schneider suggested condemning the property
required for the street connection.
Mayor Davenport stated he likes the idea of integrating
neighborhoods which the developer is proposing.
Mr. Ryan made the point that the size of the lots are comparable
with those being platted in the City today but they are smaller
than those surrounding the site because these were platted in
the 1950's.
Crjnci'member Schneider stated that the Council'solic for S
p y o
some years has been that abutting lots be tht: same size as
existing A*ots.
Planner McConn stated that the lot sizes In the exist;.ng
development to the south of the proposal are smaller.
Councilmember Neils asked, if the issue of the street connection
was held for two weeks, would this affect Mr. Ryan's platting
process. She pointed out that a condition of the resolution
restricts the use of she land to single family detached homes.
Mayor Davenport pointed out that a covenant could be added to
Insure this.
MOTION was made by Councilmember Nell s, seconded by RESOLUTION N0.84-189
Councilmember Schneider, to adopt RESOLUTION NO. 84-189 APPROVAL GUIDE PLAN A14EIlMENT
OF A LANU USE GUIDE PLAN AMENDMENT FOR CONSTRUCTION MORTGAGE CONSTRUCTION MORTG.
INVESTORS COMPANY, INC., AND GONYLA INVESTMENT COMPANY (84008) 6 GONYEA INVESTe
with an addition to condition 93 as follows: "and an executed (84008)
development contract." Item 7-K
MOTION was made by Councilmember Schneider, seconded by
Ccunc:ilmember Crain, to add condition /4 as followst "That a
covenant be filed on the land to restrict the use to single •
family detached homes only."
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Regular Council Meeting
April 2, 1984
Page 77
Notion to amend carried, five ayes.
Motion as once amended carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by Mayor
Davenport, to adopt RESOLUTION N0. 84-190 APPROVAL OF A MIXED
PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR CONSTRUCTION MORTGAGE
INVESTORS COMPANY, INC., AND GONYEA INVESTMENT COMPANY (84008)
changing condition #3 to read as follows: "The density shall be
38 units. One lot shall be eliminated from the south of 12th
Ave. in Block 3. The other lot be eliminated Prom north of 12th
Avp, and along the east side of Sycamore Lane with the balance
of land split amont the rest of the .lots."
Motion carried on a Roll Call vote, three ayes. Mayor Davenport
and Councilmember Crain voted nay.
MOTION was made by Mayor Davenport, seconded by Councilmember
Crain, to defer the approval of the MPUD Preliminary Plan/Plat
and Conditional Use Permit.
Councilmember Suhnel ier asked that the trail
east side and the cc nstruction be included in
the development and that this be included
resolution at the April 16 meeting.
Motion carried, five ayes,
alignment be on the
the first phase of
In the approving
MOTION was made by Councilmember Neils,
Councilmember Moen, diret.-;Ing staff to talk to
owner to the north to discuss the connection of
and bring the results to the Council meeting of
alternates for the connection to 15th Ave.
Notion carried, five ayes*
seconded by
the property
Sycamore Lane
April 16 with
MOTION was made by Mayor Davenport, seconded by Councilmember
Moen, that the, special assessment committee meet to consider the
cost of Improving 11th Ave. and 13th Ave., addressing the timing
of the Improvement.
Notion carried, five ayes.
MUTION was made by Counclimember Schneider, seconded by
Councilmember Moen, to defer the rezoning of the "Little
Peninsula" area.
Motion carried, five ayes.
RESOLUTION NO.84-190
CONSTRUCTION MORTG.
do GONYEA INVEST.
84008)
Item 7-K
LAND USE GUIDE PLAN
CLASSIFICATIONS
Item 7-L
llslf
Regular Council Meeting
April 2, 1984
Page 78
NOTION was made by
Couneilmeabec Neils,
Libby's Superette for
super market.
Councilmember Schneider, seconded by
to defer rezoning the area including
staff research to accommodate use of the
Motion carried, five ayes.
Dr. ;lames Hunder, 1025 Evergreen Lane, stated he disapproves of
Elieprorosea rezoning of his property.
John Lee, 1641 Black Oaks Lane, stated he also disagrees wkth
t a proposed rezoning -,as, he recently bought the property at
11414 and 11424 Highway 55 to open a travel agency and if he is
not granted rezoning it would prohibit this.
Mayor Davenport stated that the experience of having a clinic in
the residential area has not been positive. The new
Classification would not stop Dr. Hupder from selling the
property for the same or a similar use but if the building were
to be destroyed, it could not be rebuilt.
Discussion was held on the potential problems of having nixed
uses next door to each other, the protlems caused by, having
driveways onto Highway 55 and the precedent of spot zoning.
MOTION was made by Councilmember Neil,, seconded by
Councilmember Schneider directing staff to report back to the
Council the magnitude of the Problem throughout the City.
Motion carried, five ayes.
NOTION was made by Mayor Davenport, seconded by Councilmember
Moen, to adopt RESOLUTION N0. 84-186, site plan amendment for
Dr. James Hunder, 1025 Evergreen Lane.
Motion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Moen, seconded by CAuncilmember
Neils, to •ydopt RESOLUTION N0, 84-191 APIROYAL OF LAND USE GUIDE
PLAN AMENDOENT FOk THE CITY OF PLYNOW H for they area located
west of F irestview Lane and 18th Avenue from LA -5 (high medium
density rdsidential) to LA -1 (low density residential).
Notion carried on a Roll Call vote, five ayes.
RESOLUTION N0.84-18,6
DR. JAMES HUN^ER
Item 7-H
RESOLUTION N0.84-191
LAND USE GUIDE PLAN
AMENDMENT
Item 7-L
o'.
O
S//
Regular Council Meeting
April 2, 1984
Page 79
NOTION was made by Councilmember Moen, seconded by Councilmember RESOLUTION N0.84-192
Neils, to adopt RESOLUTION N0. 84-192 APPROVAL OF LAND USE GUIDE XPPMVING LAND USE
PLAN AMENDMENT FOR THE CITY OF PLYMOUTH for the area south of GUIDE PLAN
Cottonwood Lane and Highway 55 from CL (limited business) to Item 7-L
LA -1 (low density residential).
Motion carried on a Roll Co.: r.l vote, five ayes.
MOTION was made by Councill:rmber Moen, seconded by Councilmember RESOLUTION N0.84-193
Neils, to adopt RESOLUTION '.0. 84-193 APPROVAL OF LAND USE GUIDE S
PLAN AMENDMENT FOR THE CIT' OF PLYMOUTH for land located in the GUIDE PLAN
southeast quadrant of 10th Avenue and Southshore Drive from CS Item 7-L
service business) to LA -3 (high medium density residential).
Notion carried on a Roll Cell vote, five ayes.
MOTION was made by Councilmember Moen, seconded by Councilmember RESOLUTION N0.84-194
Neils, to adopt RESOLUTION NO. 84-194 APPROVAL OF LAND USE GUIDE APPROVING LAND MT
PLAN AMENDMENT FOR THE CITY OF PLYMOUTH for land located in the GUIDE PLAN
southwest quadrant of County Road 18 and 26th Avenue from LA -2 Item 7-L
low medium tensity residential) to LA -1 (low density
residential).
Notion carried on a Roll Call vote, five ayes.
NOTION was made b Counciln- tuber Moen seconded b Councilmember ORDINANCE N0. 84-07Y Y
Neils, to adopt ORDINAN'.E NO. 84-07 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERT IN LANDS WITHIN THE CITY OF PLYMOUTH ORDINANCE
with the deletion of 02-118-22-13-0011, 0012, 0013 and 0014; Item 7-L
and 35-118-22-12-0036.
Motion carried on a Roll Ci -11 vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by RESOLUTION N0.84-195
Councilmember Nel.ls, to adopt RESOLUTION NO. 84-195 APPROVING APPROVING CERTIr -
CERTIFICATE OF CONVENIENCE AND NECESSITY FOR YELLOW TAXI SERVICE CATE OF NECESSITY
CORPORATION to operate fivk cabs. YELLOW CAB
Item 7-M*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by RESOLUTION NO.84-196
Councilivember Neils, to a-lopt RESOLUTION NO. 84-196 APPROVING T AX I MffVMTffR79
TAXI DRIVERS LICENSES for five Yellow Taxi drivers. Item 7-M*
Notion carried ort a Roll Call vote, five aye:1j.
MOTION wv7s made by Councilmember Schni:lder, seconded by RESOLUTION N0.84-197
Councilmember Neils, to adopt RESOLUTION NO. 84-197 CALLING FOR
HEARING ON I.4YROVEMENTS, PROJECT 40:, SUNRISE HILLS/SKYLINE SUNRISE HILLS/
HILLS ADDUITIONS, STREETS AND UTILITIES for May 7, 1984 at 700 SKYLINE HILLS ADONS.
p.m. PROJECT 404
Item 7-N*
Motion carried on a Roll Call vote, five ayes.
Regular Council Meeting
April 2, 1984
Page 60
NOTION was made by Councilmember Moen, seconded by Councilmember
Neils, to adopt RESOLUTION : ). 64-198 ORDERING PREPARATION OF
A LININARY REPORT, CARLSOV CENTER ANNEX AND ADJACENT AREA
STREET AND UTILITIES, PROJECT NO. 426 and designating
Strgar/Roscoe as the consulting engineer.
Notion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Wells, to adopt RESOLUTION NO. 84-199 ORDERING
PROJECT N0, 337, DEVRIES 2ND ADDITION, STREET AND UTILITY
IMPROVEMENTS*
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NO. 84-200 SUPPORTING
APPROVAL OF THE HENNEPIN COUNTY FEDERAL AID URBAN (Fek U.)
PROJECT SUBMITTAL FOR PROJECTS WITHIN THE CITY OF PLYMOUTH FOR
1986 THROUGH 1988.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NO. 84-201 ORDERING
PUBLIC HEARING ON rHE PROPOSED VACATION OF STREET RIGHT-OF-WAY,
JUNEAU LANE - 12TH AVENUE TO SOUTH LINE, LOT 110 BLOCK 2,
SUBURBANDALE ON PARKERS LAKE ADDTION for May 7, 1984 at 7:30
p.m.
Notion carried on a Roll Call vote, five ayes.
NOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION N0v, 84-202 REDUCING
DEVELOPMENT BOND, ANHURST FIRST ADDITION (79046) to S700.00.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NO. 84-203 REDUCING
UEVE:LOPMENT BOND, HARRISON HILLS ADDITION (79055) to $4,850.
Notion carried on a Roll Call vote, five ayes,
h:TION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NO. 84-204 REDUCING
DEVELOPMENT BOND, WEST RIDGE ESTATES SIXTH ADDITION (A-745) to
260365.00.
Motion carried on a Roll Call vote, five ayes.
RESOLUTION N0984-1980
OWN= REPORT
CARLSON CENTER ANNEX
STREET & UTILITIES
PROJECT 426
Item 7-0
RESOLUTION N0.84-199
ORDERING PR03ECT 757
DEVRIES 2ND ADDN.
STREET & UTILITIES
Item 7-P*
RESOLUTION M0484-200
APPRUVAL OF ..
now
FOR 1986 - 1988
Item 7-Q*
RESOLUTION N0.84-201
RICHT-OF-WAY •
VACATION, JUNEAU i -
12,H AVENUE
It .:m 7-R*
RESOLUTION N0.84-202
BOND REDUCTION
AktHURST 1ST ADDN.
79046)
Item 7-S-1*
RESOLUTION N0.84-203
CTION
HARRISON HILLS
ADDITION (79055)
Item 7-S-2*
RESOLUTION N0.84-204
VIDGE ESTATES SIXTH
ADDITION (A-745)
Item 7-S-3*
0
S//
Regular Council Meeting
April 2, 1984
Page 61
NOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NO 84-205 REDUCING
DEVELOPMENT BOND, FOX GLEN THIRD ADDITION (A -F14) to $16,675.00.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Neils, to adopt RESOLUTION NC. 84-206 APPROVING
THE PARTICIPATION OF THE CITY OF PLYMOUTA IN A JOINT AND
COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A SHINGLE CREEK
WATERSHED MANAGEMENT COMMISSION TO PLAN, CON-tROL AND PROVIDE FOR
THE DEVELOPMENT OF SHINGLE CREEK AND AUTHL-41ZING EXECUTION OF
THE AGRLFMENT BY THE PROPER CITY OFFICERS.
Motion carried on a Roll Call vote, five ayes.
MOTIOW *as made by Councilmember Schnc;ider, seconded by
Councilmember Neils, to adopt RESOLUTION N0f, 84-207 APPROVING
THE CITY OF PLYMOUTH EXECUTING A JOINT AND COOPERATIVE AGREEMENT
FOR THE ESTABLISHMENT OF AN ELM CREEK WATERSHED MANAGEMENT
COMMISSION TO PLAN, PROTECT AND MANAGE THE DEVELOPMENT OF ELM
CREEK AND ADJACENT MINOR WATERSHEDS.
Notion carried on a Roll Call vote, five ayes.
MOTION was made b Councilmember Schneider, seconded bY Y
Councilmember Neils, to adopt RESOLUTION NO. 84-208 ORDERING
PREPARAT ON OF PRELIMINARY REPORT, SCHMIDT GARDENS, STREET AND
UTILITIE'a, PROJECT N0. 427.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councllmember Neils, to adopt RESOLUTION N0, 64-209 APPROVING
CHANGE ORDER NU. 1, UTILITY AND ;STREET IMPROVEMENT, PROJECT NO.
246 by adding tl-!e amount. of $8,057.50.
Motion c:rrl`d on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember Nells, to adopt RESOLUTION NO. 84.210 DECLARING
ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPOR-10 STREET
LIGHTING - CREEKSIDE OF PLYMC-UTH 2ND ADDITION,
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Schneider, seconded by
Councilmember bells, to adopt RESOLUTION NO. 84-211 RECEIVING
PRELIMINARY REPORT AND ORDERING PROJECT, STREET LIGHTING -
CREEKSIDE OF PLYMOUTH 2ND ADDITION.
a -ion harried on a Roll Call vote, five ayes.
RESOLUTION 0Oe84-205
BOND REDUCTION
FOX GLEN THIRD
ADDITION (A-814)
Item 7-S-4*
RESOLUTION N0.84-206
SHINGLE CREEK WATER-
SHED MANAGEMENT COMM
Item 7-T-1*
RESOLUTION N0.84-207
APPRRN
ELM CREEK WATERSHED
MANAGEMENT COMMlSS.
Item 7-T-2*
RESOLUTION N0.84-208
SCHMIDT GARDENS
STREET 8 UTILITIES
Item 7-U*
RESOLUTION H0.84-209
CHANCE OUR Re 1
UTILITY 8 ;TREET
IMNROVEMENT, PROJECT
246
Item 7-V*
RESOLUTION N0.84-210
STREE f LIGHTING
CREEKSIDE OF
PLYMOUTH 2ND ADDN.
Item 7-W*
RESOLUTION N0.84-211
STREET LIGHTING
CREEKSIDE OF
PLYMOUTH 2ND ADDN.
Item 7-W*
l/Sll
Regular Council Meeting
April 2, 1984
Page 82
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
CouneilLmember. Neils stated she favors the engineer's SELECTION OF LACHARY
recft-nendation to retain both Boonestroo, Rosene, Anderlik and RESERVOIR CONSULTANT
Associates and Toltz, King, Duval, Anderson and Associates to Item 8-A
prepare feasibility reports for the proposed Zachary Reservoir
Improvement project at a fixed fee of $10,000 each.
Councilmember Schneider stated hei doesn't agree with spending
consultant fees twice.
Manager Willis stated that when the City was contemplating a
water treatment plant they hired two consultants and received
two very different results. It gave the Council the opportunity
to evaluate and debate the alternatives. It may be an advantage
to have two different opinions.
Mayor Davenport stated he doesn't believe the City needs two
opinions.
Engineer Moore stated he arrived at the $10,000 figure as an
estimate given by both consulting firms.
40TION was made by Councilmember Schneider, seconded by Mayor
Davenport, to deny the staff request to have two consultitig
firms conduct feasibility studies.
Motion fdiled, two ayes. Councilmembers Crain, Moen and Neils
voted nay.
MOTION was made by Councilm%iber Neils, seconded by
Councilmember Moen, to support the staff recommendation to have
two reports done at a cost not to exceed $10,000 each.
Motion carried on a Roll Call vote, three ayes. Mayor Davenport
and Councllmember Schneider -toted nay.
MOTION was made by Councilmember Schneider, seconded by RESOLUTION N0.84-212
Councilmember Neils, to adopt RESOLUTION NO. 84-212 APPOINTING A APPTG, RMR919[r
ALSPONSIBLE AUTHORITY AND ASSIGNING DUTIES. AUTHORITY - DATA
PRIVACY
Motion carried on a Roll Call vote, five ayes. Item 8-B*
NOTION Was m ide by Councilmember Schneider, see, ti, wed by RESOLUTION NO.84-213
Councilmember Neils, to adopt RESOLUTION NO. REQUESTING
THE CONVEYANCE OF TAX FORFEIT PARCELS TO THE Cl" JF PLYMOUTH FORFEIT PARCELS TO
FOR t)UBLIC dSE. CITY OF PLYMOUTH
Item 8-C*
Motion carried on a Roll Call vote, five ayes..
is
0
W,
Regular Council Meeting
April 29 1984
Page 83
NOTION was made by
Councilmember Neils, to
THE LICENSING OF TAXI
SECTION 1145.17.
Councilmember Schneider, seconded by
adopt ORDINANCE NO. 84-08 RELATING TO
CABS, AMENDING CHAPTER XI BY REVISING
Notion carried on a Roll Call vote, five ayes.
Manager Willis stated that at this time the IRS is allowing the
use of Employee Flexible Benefit Account Plans.
Attorney Lefler stated that if the IRS did disallow the plan in
the future, it isn't likely it would be retroactive.
NOTION was made by Councilmember Crain, seconded by
Councilmember Morn, to adopt RESOLUTION NO. 84-214 AUTHORIZING
THE IMPLEMENTATION OF AN "EMPi.OYEE FLEXIBLE BENEFIT ACCOUNT
PLAN" FOR- GENERAL CITY EWLOYEE"r. .
Notion carried on a Roll Call vote, five ayes.
MOTINi+ was mads by Councilmember Moen,
A'lells, to .appoint Councilmember
representative to serve on the
Committee.
Notion carried, five ayesb
seconded by Councilmember
Crain as the City's
Waste Disposal Advisory
MOTION was made by Councllmember Schneider, seconded by
Councilmember Neils, to accept the traffic study proposal on
Shenandoah/Niagara Lane - County Road 6 to County Road 15.
Notion carried, five ayes.
OTHER BUSINESS
ORDINANCL N0. 84-08
AMENDING I CAB
LICENSING
Item 8-D*
RESOLUTION N0.84-214
FLEXIBLE BENEFIT
ACCOUNT PLAN
Item 8-E
APPOINTING REPRESEN-
TATIVE TO WASTE
DISPOSAL COMMITTEE
Item 8-F
TRAFFIC STUDY
Item 8-G*
Manager Willis stated he would like the authority to rreate the OTHER BUSINESS
position of (i :- Engineer in addition to f•iiat of Director of
Putille Works. He stay.%d he doesn't anticipate needing to add
another professional position in the engineering division but
clerical help may be needed.
MOTION wa-; made by Councilmember Schneider, seconded by
Councilmember Hoen, to appr,)ve the City Manager's recommendation
of creating the new pnsition of "city engineer".
Motion carried, five a;,e n .
The ro::ettng adjourn,,-. % at 11:45 p.m.