HomeMy WebLinkAboutCity Council Minutes 08-19-1985ff
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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