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HomeMy WebLinkAboutCity Council Minutes 08-19-1985ff ff NINUTES REGMAR COUNCIL MEETING AUGUST 199 1985 A regular Ming of the Plymouth City Coumsil was called to Older by Mayor Davenport at 7:54 p.m. In the City Council Chambers of the City Center at 3404 Plymouth Boulevard on August 19, 1985 PRESENTz Mayor Davenport, Councllne+*ers Schneider, Crain and Vasillou, Assistant Ndftager Boyles, Publlc Works Director Moore, Planning Director Tremere, Park and Recreation Director Blank, PUblicc Safety Director Carlquist, City Attorney Lefler, and City Clerk Neu* ABSENT: Couneilmember Neils CONSENT AGENDA NOTION was wade by Councllmember Schneider, :seconded by Councll- member VasllioL&, to adopt the consent agenda as presented. Notion carried and Roll Call vote, four ayes. MINUTES NOTION was wade by Councilmember Schneider, seconded by Council - me iber Vaslllou to adopt the minutes of the special Council meeting of August 12, 1985 as submitted. Mott at carried on a Roll Cali vote, three ayes. Counct lmember Cra • n .rbstalned, PETITIONS, REQUESTS AND C%X MtiNICATIONS Assistant kanager Boyles explained that an error was discovered In the Previous street designation. A change from 46th Ave. to 46th Place and from 45th Ave. to 46th Ave. is required to correct the grid. There are two homes which will be impacted by the change and both residents have been notified of the proposed change, NOTION was made by CouncxImember Schneider, seconded by Council- meeber Crain, to adopt ORDINANCE NO. 85-22 VREET NAME CHANGES IN 0EER1 ESTATES PLAT THREE. 044; :r carried on o Roll Call vote, four ayes. CONSENT Item 4 at AGENDA MINUTES - SPECIAL MEETING OF AUGUST 12, 1985 Item 56 STREET NAME CHANCE DEERWOOD ESTATES Item 6-A ORDINANCE N0. 85.22 STREET MME CHANGES OEERWOOD ESTATES PLAT THREE Item 6-A August 19, 1985 Page 262 NOT1014 was made by Councilmember Schnelde-, seconded by Counell- member Vas[llou, to adopt RESOLUTION NO. 85-614 APPROVING CON- TRACT PROPOSAL FOR PROFESSIONAL SERVICES. Motion carrl(-d on a Roll Call vote, tour ayes, NOTION was made by Councilmember Schneider seconded by Council - member V"Illcu, to adopt RESOLUTION NO. 85-615 AUTHORIZING COW DEMiATION PROCEEDINGS. Notion carried on a Roll Call vote, four ayes. NOTION was made by Coun 11member Schnel-3er, seconded by Council - member Vasillou, to adopt RESOLUTION NO. 85416 ORDERING PUBLIC HEARING ON THE PROD VACATION OF A PORTION OF XENIUM LANE WITHIN THE WESTNINISTER ADDITION for September 16, 1985 at 7:30 p.m. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Schnelder, seconded by Council - member Vasiliou, to adopt RESOLUTION NO, 85-617 APPROVING CHANGE ORDER N0. 40 I-494/COUNTY ROAD 15 IMPROVEMENTS - PROJECT NQ. 129 by adding $5,527.50. Motion carried on a Roll Call vote, four ayes, MOTION was made by Councilmember Schnelder, seconded by Council - member Vasiliou, to adopt RESOLUTION N0, 85-618 REDUCING DEVEL- OPMENT BOND, PARK PLACE ADDITION (82049) to $1319688 on the pub- lic improvements and to $46,783 on the private improvements. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Schnetder, seconded by Council - member Vastliou, to adopt RESOLUTION N0., 65-619 ACCEPTANCE OF RELOCATED UliLitlES IN COM3UNCTION WITH BUILDING ADDITION FOR ADVANCE MACHINE COMPANY (A-519). Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Schneider, seconded by Counctl- member Vasiliou, to adopt RESOLUTION NO, 85-620 REIMBURSING DEVELOPER FOR WATERNAIN CONSTRUCTED ON 34TH AVENUE IN PARK PLACE ADDITION (82049). Notion carried on a Roll Call vote, four ayes, MOTION was miade by Councilmember Schneider, seconded by Council. member Vastllou, to adopt RESOLUTION N0. 85-621 REQUEST FOR PAY- MENT N0. 8 AND FINAL, WELL PUMP N0, 79 PR03ECT N0. 210. Notion carried on a Roll Call vote, four ayes, r -- RESOLUTION NO.85-614 PROVIRC FOR PROFESSIONAL SERVICES Item 6-8* RESOLUTION N0.85415 NATION PROCEEDINGS Item 6-C* RESOLUTION NOeSS-5.16 ORDERING REXR19C STREET VACATION WESTNINISTER AW. Item 6-D* RESOLUTION NOoGS-617 I-494!C.R. 15 IMP. PR03ECT NO. 129 Item 6-E• RESOLUTION N0.85418 BOND REDUCTION PARK PLACE ADDITION 82049) Item 6-F-1* RESOLUTION N0.8S-619 UTILITIES, ADVANCE MACHINE 0419) Item G -F-2* RESOLUTION N0.8S-620 REINBIJRSEMENT, PARK PLACE ADON. (82049) Item 6-G* RLSGLUTION NO\ 85-621 H0. 8 a FINAL, WELL NO. 70 PROD\ 210 Item 6-H August 199 1985 Page 263 MOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-627. member Vasillou, to adopt RESOLUTION NO, 85-622 RECEIVING REPORT CALLINC HEARINC AND CALLING HEARING ON IMPROVEMENT, OLIVE LANE FROM COUNTY ROAD OLIVE LANE STREET b 6 TO 14TH AVENUE, PROJECT NO. 542 for September 9, 1985 at 7:30 UTILITY IMPROVEMENT Poe* PROJECT N0, 542 Item 6-I* Motion carried on a Roll Call vote, four ayes. NOTION was made by Councllmember Schnelder, seconded by Council- RESOLUTION NO.85-623 member Vasillou, to adopt RESOLUTION N0. 85-623 ADOPTING ASSESS- MENTS, PROJECT NO. 5559 SANITARY SEWER AND WATERNAIN LATERAL SEWER d WATERNAIN 35-118-22-33-004.) Ln the amount of $3,204.94. PROJECT NO. 555 Item 6-J* Motion carried on a Roll Call vote, four ayes. MOTION was made b) otlncllmember Schneider, seconded by Council- RESOLUTION N0.85-624 member Vasillou, to adopt RESOLUTION N0. 85-624 APPROVING A CON- Mope DITIONAL USE PERMIT AND *AIVER FOR ALBER CONSTRUCTION COMPANY, ALKR CONST. CO. INC. AT 4901 WEST MEDICINE LAKE DRIVE (85034). (85034) Item 6 -Ko Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilme*o r Schneider, seconded by Council- RESOLUTION NO.85-625 member Vasillou, to adopt RESOLUTION NO. 85-625 APPROVING RESIRPUD PRELIMIMQT OENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CON- PLAN/PLAT A C.U.P. DITIONAL USE PERMIT FOR PARKLANDS DEVELOPMENT COMPANY FOR DEER- DEERW000 ESTATES STH WOOD ESTATEb STN ADDITION (RPUD 85-4) (85050). (85050) Item 6-L* Notion carried on a RoLI Call vote, four ayes. MOTION was trade by Councilmember Schnelder, seconded by Council- ORDINANCE N0. 85-23 member Vasillou, to adopt ORDINANCE NO. 85-23 AMENDING THE ZON- ING ORDINANCE TO CLASSIFY CERTAIN LANDS OF PARKVIEW MANOR ORDINANCE (95050) LOCATED EAST OF ZACHARY LANE, APPROXIMATELY ONE-HALF MILE NORTH Item 6-L• OF COUNTY ROAD 9 AS R -1A (LOW DENSITY SINGLE FAMILY "ESIDENTIAL) DISTRICT (85050) (RPUD 85-4). Motion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.8S-626 member Vasillou, to adopt RESOLUTION N0. 85-626 SETTING CONI SETTING CORDITION' T10N TO BE MET PRIO" TO PUBLICATION OF ORDINANCE REZONING LAND PUBLICATION OF ORD. LOCATED EAST OF ZACHARY LANE APPROXIMATELY ONE-HALF MILE NORTH REZONING LAND OF COUNTY ROAD 9 (85050). (85050) Item 6-L* Notion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Schneider, seconded by Council- RESOLUTION N0.85-627 member Vasillou, to adopt RESOLUTION N0. 85-627 APPROVING SITE 51TE PLAN, . . FLAN, CONDITIONAL USE PERMIT, AND VARIANCE FOR SHERMAN-BOOSALIS VARIANCE, SHERMAN- COMPANIES FOR "WASH -ME -CAR -WASH" (85056). BOOSALIS CO. 85056) Notion carried on a Roll Call vote, four ayes. Item 6-M* I s_t !off Page 264 Councilmember Crain asked how many low to moderate Income units were still to be built In the development. Planner Tremere answered that no specific number of low to moderate units were mandated, and the potential number is based on the total number of units constructed as a "bonus density". They are close to that maximm number of units now and will have to produce same low to moderate Income units soon to realize the full density potential and to avoid concentration in the attached hcousing area. Counellmember Crain asked how much flexibility there was in view of the num or of remaining units and what the impact on that number is considering the conversion of part of the propsed plat from higher to lower density. Councilwetmber Schneider stated his concern was with the low to moderate Income units being pushed Into the last phase of the deve jpment. Peter Pflaum, President of Lundgren Brothers, answered that this aEtac^hesection of the development was never planned for low to moderate income units. The neighbors were in favor at a 3une Planning Comsmission meeting of the replatting from 62 townhome units and 14 single family lames to 36 single family homes. Based on neighborhood concerns with the number of homes, they have enlarged the lots and are now proposing a total of 26 single family units. They are now asking the Council for per- mission to begin the grading anO utility work prior to prellm+in- ary plat approval because, if they don't start now, they will miss the end of the building season because of the utility work. They understand that this is at their risk because there is no guarantee that the preliminary plat will be approved by the Planning Commission or Council. Mayor Davenport stated his concern with the precedent this may set dt%d asked what means the Council had of protecting the City's Interest. Attorney Lefler stated an agreement could be developed between the City and the developer that the work Is at the developer's risk and that, If the plan amendment and plat are modified or dented, the City will be held harmless for any work already done. The City can put conditions Into the agreement to guarantee this. Director Moore stated there have been other developments where grading and utility work have been done bpfo-e final plat, but In this situation the developer wants to grade roads and to put utilities in as well before preliminary plat approval. The down side of this would be that the Planning Commission will not have had a public hearing on the proposed revision. This shouldn't be treated any differently than any other request where the developer has been delayed by financing. He pointed out that PEQUEST FOR GRADING APPROVAL BY LUNOCREN BROMRS MISSION RPUD Item 6-N Awge+st f!, t9gS page 265 the proposal before the Commission is not to accordance with the previously proposed or approved plans. Assistant "are er Bayles stated his concern that the Planning Commission and Council actions may be prejudiced during consid- eration of the pretImInary plat by the fact that there are util- ities In the ground and grading is underway or completed. Counriime+mhit Vasiliou stated that the good faith effort that Lundgren Brothers has demonstrated should be considered plus the fact that the overall APUD is ongoing at the current time. S% has no problem with endorsing the approval and doesn't believe this request would set a precedent. Councileember Crain stated he doesn't agree with the rationale that because it is a PUD in process it is sufficient. Aost PUD's are constructed in phases and this is not enough reason to approve this request. He does agree with the rationale given by the City Attorney that an agreement could take care u this and the fact that Lundgren Brothers has a good record with the City. Mayor Davenport stated that the City's comfort revel with this developer is high but when the City begins giving preferential treatment to a developer, the %ft.ity could get in trouble with other developers. He doesn't want to be faced with similar re- quests from other developers. Characteristics unique to this development should be cited. Co4acilmember Schneider pointed out that this is an internal part of the development which doesn't impact any road outside their development and the developer is proposing a two-thirds density cut. Also, there is no transfer of density involved. Mayor Davenport pointed out again, and Councllmember Vasiliou agreed, that this was a PUD under eevelopment at the present time* Councilmem+ber Schneider restated his concern with the low to moderate housing, the area In which it will be going and its concentrattor. N•. Pflaum stated that 411 the units yet to be built are multi- family and pointed out the areas which are zoned for the high Vise and multi -family. He added that it Is possible that they will not seek the msaxiaul density altuwed. He believes they ere close to thea" low to moderate inoome commitment already. MOTION was made by Councilmember Schneider, seconded by Counell- iWwr Vasill&is to approve the request of Lundgren Brothers to authorize the issuance of a grading permit and begin uttlity construction prior to Preliminary plat approval subject to the followings that appropriate bonding be provided; a written agreement, approved by then City Attorney, which holds the City harmless be executed= and pians shall be approved by the CityEngineer. Davenport Hated the basis of the approval was the uniQUe nattire of the request per the disousslon which would not constl- Me a M06deAt In this request. Motion carried,, ftuur ayes. Mayor DatieVart stated his dl Intaoent In the response from R.T.D. RESOMtheReglonalTransit &trd to his rest ter reimburseamt 9f Itemt ?=A exams property tax contribution by the City. "a will be send - Ing a letter to Elliot ftravichp Otdredn of the R.T.®., statingwhyhedoesn't betleve their decision makes sense* he would Iike to pumA* this further and 1ndleate that this may jeaparmdIze !twetttr Council funding of the Retebollat. Re my take theissuebeforethewholetransitboard, tie believes the response Is Imnslste nt with the V.41 of tete R.T.®. of developing newtransitIdeas. The Council endorsed this position, Councllme^mber Crain asked for a staff report an the lmplicAlon of stopping the mid-day service. etaYor Dave Apert stated there are four developers who submitted MA REPAST proposals for housing for the elderly. The PrOP0361S "MOSt SMOR CITIZENtetefO1100109typesoffIMM0101asaistancetLandwrite -dam, FACILITY tax exempt bonding, real estate taxa abatement, and tax Increment Item ?-! f inanclage Director Tremere clarified that the tetret tax exempt bonding re- ferred to housing bonds and not industrial development bonds and they would not count against the Clty's limited IDRB funds. Naayor Davenport pointed out grant funds f rt m the federal tag that they would not Le land, that this land was paid for with government and It's his und+erstandm adverse to the write-down of the Attorney Lefler stated that tax abatement by the City only meant the City's portion of the taxers e It doesn't include the County $ s share or that of other taxing districts. Councilmefter Schneider stated he would be willing to go along with tax abateant to the same degree as the other taxing dis- trIcts would. The Council agreed. Dei Erlekson, HRA Citairmmman, sta+ ed that before they Interviewleveoptr3, they wanted to know the posture of the Council on various financing techniques. COURCUMefters Crdlrt and Vaslliou stated they favored the land writer down approach, c6f V Counctleember Schnoldbr asked how much the land was worth. Director Tremore an veered that the land was pard for at a cost of bet+iem $350#000 and S+M90006 Counctleeeber Crain pointed out that one of the prime purposes of housing bonds was to fund elderly housing. The Council agreed this would be appropriates Mayor DareWrt stated that It Plymouth is going to subsidise housings it is to mace the housing accessible to the lar to valerate Ifwoee residents for whom it was intended* its a matter of policy. the Council should deterwlne what income group the housing Is for* He doesn't believe this would be an appropriate use of subsidy unless the rents were affordable. Mr. Erickson stated that most of the proposals dealt with the land wrlte4mi as a given and the tax exempt bonds were viewed as another tool by come proposers. He also explained that because the land was purchased with federal grant funds, halt of the units had to be avallabl s for low to moderate Income persons. The NRA will be Interviewing developers on September 120 The Mayor summarized the discussions land write down and hous- ing revenue bcids are considered the feasible financing tools; Lax Increment ttn&ftle g Is not considered feasible; other forms f subsidy may be considered it it Is demonstrated that they are essential; and any tax abatement by the City will be contingent upon the mount of abatement agreed to by other taxing dis- tricts. Councllmember Yaslliou stated she was unclear about the proposed CgNSULTANT SELECTION Policy as she didn't believe it accurately portrays the practice POLICY UPDATE the Council has been following. Her concern is how the Council Item 7-C would know when a consultant was needed. Mayor Davenport stated this policy is the desired method of con- aultant selection. Couneilmemher Crain agreed that this doesn't point out when a consultant is needed. He doesn't believe this has to be the procedure followed all the tlmeq there should be some break point such as a dollar amount. Staff will bring a revised policy back to the Council for con- sideration. Mayor Davenport suggested eliminating the matrix approach to consultant selection. Nage 20 MOTION was made by Councileember 5chnelder, seconded mewber Crain, to adopt ORDINANCE N0. 85-24 AMENDING OF THE CITY CODE RELATING TO MISDEMEANORS BY WING 2000.07 TM EREVO. Motion carried on a Roll Call vote, four ayes. by Council - CHANTER XX 5118SECTI0N MOTION was made by Councilmember Schneider, seconded by Council- ra ber Vasiliou, to 4dopt RES&UTION N0. 85428 APPROVING LAWS iyBS, CHAPTER 1102. "PORT AUrNORITY". Motion carried on a Roll Call vote, four ayes. OTHER BUSINESS Couneilmember Vasiliou stated she belitved the Council should be more consistent on how many persons are allcwed to speak before the Council when the issue is not a public hearing and there has been a r+•414c hearing by the Planning Commission or PRAC. Mayor Devenport stated he favors limiting input but letting people speak. He will write to the advisory MMM15310n3 asking them to tell people at their meetings that this is the public hearing and they will not be reheard before the Council. Councilmember Craln suggested that rather than limtting time or numbers of speakers, it may be appropriate for commis3ton chairs to advise people that theirs is the official public Waring Aad the Council will not conduct another, however, the Cou,1Cll will take limited input at the meeting either in terms of nuvbers of speakers or minutes allowed. He agrees that people sh%wld be allowed to speak. Councilmember Schneider suggested that commissions inform people at the public '66earings that the Council will only let two peolle speak and they should decide who that will be prior to the Council meeting and only submit cards for them. It was decided that a work session will be held to discuss special assessments on September 24. The meeting adjourned at 10:00 p.m* City Clerk ORDINANCE N0. 85-24 RELATING TO MISDEMEANORS Item 7-0 RESOLUTION M008$0626 PORT AUTHORITY Item 7-E-1• OTHER BUSINESS