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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 HS// 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* 0 S// 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 t 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 0 W 7 0 U 1/S/I 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 2 I S// Regular Council Meeting 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 S// Regular Council Meeting 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 S// Regular Council Meeting 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 Sll 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' L' I 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. IIs/1 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." Y U 0 s// 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.