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HomeMy WebLinkAboutCity Council Minutes 07-16-1987C C M1NU7f.S REGULAR COUNCIL ME F T ING JULY 69 1987 A regular meeting of the Plymouth City Council was called to or- der by Mayor Schneider at 7:30 p.m. In the City Council Chdmbers of the City Center at 3400 Plymouth Boulevard on July 6, 1987. PRESENT: Mayor Schneider, Counctimembers Crain, Vast !Iou, litur, and Sisk, Manager Willis, Assistant Mdnage•r Boyles, Planning Director Tremere, Public Works Director Hoore;, Parks Director Blank, Finance Director Hahn, City Attorney Thomson, and City Clerk Brandt ABSENT: None CONSLNT AGLNUA Motion was made by Councilmember Sisk, seconded by Councilmember Zitur to adopt the consent dgendd deleting items 7-G, 7-1 1-4, k, 7-M, dnd 7-U. Motion Carried on a Holi Call vote, five ayes. MtNUTLS MOTION was made by Councilmember Sisk, seconded by Councilmember titur, to approve the minutes of the Special Co6acil meeting of June 22, 1987 as submitted. Motion carried on a Roll Call vote, five eyes. PUBLIC HEARING Mayor Schneider opened the public hearing at 706 p.m. Carlos Hodge, Prudential, stated the 7nd he is concerned about any action larly sln%.e he wasn't informed this day and isn't sure what the proposal property abuts their parcel the Council takes, particu- was on the agenda until to - involves. Uirector Moore stated the only notice required is a publication of the hearing, which was done. The property owner, Fd Heins, has requested a portion of the property be vacated which at present is a gravel road serving his property only. A develop - mens Is being proposed which will include this land and have access from Annap„lis Circle. The vacation will not take effect until the property is platted and that plat is approved by the Council. CONSENT AGENDA Item 4 MINUTES - REGULAR COUNCIL MEETING DUNE 159 1987 Item 5* PUBLIC HEARING 0 Regular Council Metbtinq 3uly 69 1987 F•,ige 187 Mr. Hodge stated he would like fit st&e the plat when it is pro- posed. ro- punt:d. Attorney Thomson stated Lite• approvinq reasolut Ion statebs that no hiect ions were heard and asked Mr. Hodge If he ob,jtbeLed to the a t`rr l :.111 . Mr. Hodqu stoted hey opposed thV vast ion because he didn't. know what the inttantlon Is. Director Moore stated that the prospective buyer wants this easement vacdted twfore purelmsinq the property. Mayor Schneider closed the he cirinq at 7:44 p.m. MuflUN w.rs matte by Counellmember Sisk, seronded by Counrilmt-mber l.itur, to adopt RF SOl UT1ON NO, 97-441 AUTHOR111NG IH[ VACATION OF CE RTAlf, STRF_E T RIGHT -OF -WA1, BERKSHIRE LANE IN R.I.S. #?09 NORTH OF H0 55 EAST OF 1-4940 Motion c.irr ied Oil d Roll Ca 11 VOL(!, five ayt!s. MOTION was made by Councilmermber Sisk, seconded by CounciLmember litur, to adopt RL.SOII1TION N0. 97.44? SETTING CFRTAIN CONDITIONS PRIOR TO FILING STttE..T VACATIONS BERKSHIRE. LANE IN R.L.S. 0?09 NORTH OF HIGHNAY 55 FAST OF 1-494 deleting "upon hearinq no objections" from the second paragraph. Motion r „rled on d Roll CdII ot.e, five ayes. Mayor Scheieider opened the public hearing at 7:47 p.m. No one chr:;,e: to speak and the hearing was closed at 7:47 p.m. MOTION rq:s nude by Councllme%5er Sisk, seconded by Councilmember Crain, to adopt RE SOLUT 10N 1.0. 87-443 AUTHORIZING THE VACATION Of CLRTAIN UTILIT`: AND DRAINAGE EASEMENTS, SCHERF_R INDUSTRIAL ULVLLOHMLNT, LUIS i THROUGH 4, BLOCK 2. Motion carried on a Roll Call vote, five ayes. Mayor Schneider opened the public hearing at 7:48 p.m. Ford RobuLns, attorney r;;preseneing Met,.'. Masters and Anderson TronTorr,a; urgk-d adoption of the sewer extension as It was long overdue,. David Peterson, 5240 Cottonwood Lane, also spoke In favor of the mprovemen . Ma;lor Schneider closed the hearing at 7:49 p.m. RF SOLUTION N1,871-441 STREFT M Hf RKSHIRF LANE. I' em A -A RESOLUTION N0. 87-449 STRFF 1 VACATION BE RKSHIRF LANE Item 6-A RLSOLUTION N0. 87-443 SCHERER INDUSTRIAL Item 6-B PUBLIC HEARING BASS LAKE PLAZA HARRISON HILLS SEWER F'XTINSION Item 6-C I Re.-guldr Counc.i 1 Me pt inq leafy r, 1941 Ki qea 1 fin MUTION wds Made• lay Counr i lmember / I t ur, %erunded by Coun I i me-rl- ber Sl 5k, Lo .telopl III Soil UT ION NO. 47-444 0RDf RING; IMPR011f 111 NT AND 11141 PAHAI ION Of PLANS AND SP1 Cif LCAT 1111159 HASS I W Ili AI A Alf[A. PROJi C T NU. W1.001, HARK 1 SOU H I I 1 S Sf t1f I; t UI NS ION, PRt1- Jf C T N01. 630, 0 Mut rem rdrrlt-d on .1 Roll C -i l t vote, five -lyes. Mayor Schneider opened they publie hcdring dt 7:50 p.m. Uon Hillstrom, dtturney fur l drry He-gln, .isked the Cotinvi l' , Irl- Letit lit requ ring the- property to be elt,dned tip. Their position is tfi-it 1 hely ire w i 1 l i nq to roope-rat a but creed times. ties be%- lieve;, d recent Supreme Court derision glues film d basis for d law seri t and, if thr Crnanri 1 proreeds, It *III rust tip City ttw value elf th-el land berduse of Inverst, rondemndt ion. The junk on the property w.is there before the City pissed iny ord i n.lnre iq-ilil%t it. Ldrry laetltn, 4.100 F errlbrook l dell-, sl dt.ed It would probably lake one year to ele-in the property entirely. Count:i lmiamber %dSI L lou asked why no effort lids been mdde in t he pdst flue yedrs to cledrl up the property dnd why the Council should lie i Lcvt, Uldt cometh inq will bt, dune riow. Mr . Neg Ili dl He hdvi been iveep t inq lit wered t hdt he has been work 1 nq on r le.in inq It out. cult inq tart; slnre last summer and has riot been vehicles for the last few months. Mr. 11111strom st-ited the property is clow tuu vdltidble to keep ds J junk var lot drill wotild probably dpprerLdte It clpdred. Counrilmember hisk .isktad Lhe City Attorney about Mr. Ili 11strom'r- interpretat line of tilt, recent Supreme (:eieirt rul inq as it restate to this: v,viv* Atlurite pdy inq prive .t dpulies but, .is r, ledned y Thumson std rompensdtion * property owner to this CdSe Mr. Hillstrom up% fed tile- Supreme Court de'rtston Wo -1 rrqulilt 1un is ddal)ted which of this use of his property and which dues riot mdke the property started, mdkt,vk it more- valei.lble i Mr. Begin staled he will r.ledn the property tip, but IIVI%issic" col lt,ctor v-ers he would like to stivta which Ile to fence oft or build .r shelter for. r ednt bdbde stdled Mr. Heybi r edrt up te'II thN City whdt inc, d list with the Illdn. The IOUs ds there is d V01151derdble I-illon control offloLdls have iddresse d would cit, - n no wdy unusudb'(. art, I t 13 there are proposrd should prepare d pldrl fcr the cars he wdnts to sdve by lnr.lud- sol id wdSW proble ii is more ser- amounl of it on the site. PoI•. determined that the drums are HI Snl 11T ION NOS h7-41+4 ORDI R I Hr. PHUIF BASS I INKI Pt AIA ARI A PRo):11 C T 011-001 ANI) HARI? 1 SON H 11.1 < 4 WI 14 I ;TI HSION, PR03, F 30 It ism r -t' PURI IC Hf AR INC PUNI IC NU I SANCI Item E -D Reg,, l.:r Council Meeting Ju l y 6, 1957 V46b 189 not hazardous. He believes the property could he cleaned. up quicker by using a crusher on site, rather than towinq Lhe cars. Only '.he severest weather eould possibly Interfere with !he pro- cess. Mayor Sc.hne idea asked If a contract between the City .end Mr. Begin would be valld, similar to the V1rgln14 and Neutgens castes. Attorney Thomson answered that some type of contract would be valid. The difference betweeei this case and the one the Council approved several weeks aqo Is that, In chis rase State law ani City ordinance allow the City to abate a nulsarncc• and assess the property an.J, If this Is the goal, he recommends the Council adopt the rewtut ion. Mr. Hillstrom suggested that Sgt. Saba monitor the sit,uatlor over the next six months and report bark to the ^,ot.nc t 1. Mayor Schneider stated he Is reluctant to do this as Sqt. Saba's Lime Is v(cluablt* and shouldn't be spent on this on a weekly basis. Fkb added that the Council should sept the :estrtctLens on Mr. Begin with staff doing periodic checks. Counclimembe;r Vasl liou s! sled she hasn't seen a good faith effort on Mr. Be'gin's part and believes a si-A month limit is sufficient as Mr. begin works butter under a tight timefro.ne. Mayon Schneider closed the public heariecg a: 8:13 p.m. W)Tl(%N war made by Councilmember Crain, seconded by Councilmem- ber titur, to adopt RESOLUTION NO. 87-445 DIRECTING AND ORDE.RINC THE ABATE4E.NT OF A PUBLIC NUISANCE BY THE PROPERTY OWNER AND AUTHORIZING THE CITY TO COMPLETE REQUIRED CLEANUP AhJ ASSESS COSTS INCLUDING EXNLNSLS AGAINST THE PROPERTY PURSUANT TO CITY CODE SECTION 2010. Ulseussion followed on where and how to store the vehicles Mr. Begin wants to keep, the timeframe for disposing of the junk, and how the progress could be checked. Attorney Thomson ;,fated that, in the past, Mr. Begin has pled guilty to operating a junk yard and was ordered to clean It up, however, follow up on the decision by the court was dropped for some reason. Mr. Beqin should be asked if he is willing to sub- mit a plan and, If he is, Lice resolution could be deferred for Ko weeks until a 1 1ACt could by work out. Mr. begin -11ated he would be willing to submit a plan for staff re,lew dod .:omment within the next two weeks. MOTION w.As made h Mayor Schneider, seconded by Counellmember Sisk, to table t 1 ter tint 11 by meetlnq of July 20. 0 Motion carried, five ayes. r Recteelar Council Meeting July 6, 198 Naga 190 0 MUT I ON was mdde by Mayor Schne lde•r, seconded by Counc. i lmember Sisk, lhnt the pldn of dct.ion Include: 1) the timinq of the re- moval of the vc!hlc les and solid waste, 2) how t he; -y a 11 l he rcb- moved, 3) !oeu much *III he removed i n 30, 60, 90, est r. days, 4 ) that no other, :nate.ridls of dny kind bk% brGught unto they ,iter, S) dny "clns5ir` curs be iesdre:sr--d Ln they plan ds to hoe they will be stored jecoraIng to City ordindnce, and 6) redsandble Inspec- tion -.erltetdult- .end access for they City to monitor the rituc.tion. Motion e:drried, five dyes. R T1TIONS, REQUESTS AND COMMUt':CATIONS Director Trfinere stMed the PIdnning Commis ion oonside'red this request on 3unr. 10 and r. -c ImmCnue:d dpproval including some, but iiut .el t, the variances rrqursted. Rather 'he i .+ vdriance, a condttlurdl use permit could include oeitside display of new cars nedr the• building. the devcllo,)er Is anxious to onove ror- w,ird be.-duse• %if d U -me deadline in movinq out of do existinq fucllity. Their attorney Is rerge,est;nq that m •iter of the yard sc:tbdek and `ree Stdndinq si:n dyed vdriance%s not be dpproved dt this lime but be considered dt the July ?.0 n:e:et inq he t%duse of eff-3rts the petitioner is making to dequire the piece of land to Vie north which Is owned oy the State:. Counciimeombe:r Crdln asked why no depostt is required for erosion control in the development contrdct. Ulre:ctor Moure answered that the site performance quardntee rovers erosion control, Councilmember Sisk asked why two differe+et plans were s-ibmitted. Director Tremere answered that one plan shows what the Planninq Comnlssion considered ,.nd one was submitted by the petitioner after the Commission meeting aced il'ustrdtes the petit!oner's view of the proposed and recommended varianees. The main difference is the representation of the number of cars for dis- play in the north area. Richard Brokke, Pe -%ell Lincoln Mercury, stated that, in order to and a%tisWO1k9 a number of different designs were proposed. He explained the variance requested and those approved by the Plan- ning Commission, Ulrector Tremerp pointed out that the Planning Commission didn't limit the number of cars, ',ut did express concerti .ibout conges- tion in the di ,play areas. Mr. br•okke atd%ed the joint access easement on the .lot was dddr"ssed by reducing the land required from Amoco from 15 ft. to 9 ft. Rf IONINC, PREI.IMINARt- PLAT, S11f PLAN, C.U.P., VANIANO & f 1NAl PI.A r , PO .l l l LINCOLN MtRCURY 47049) Item 7-A A Regular Council Meeting Jrely <, 1`037 Pages 19 1 Uiscusslon continue. on they outside; lightlnq. (Hrect.nr Tremer- sLdted thaL, if Lhero Is a (4Lare- problem In they futures, cor rec- Live le:rlses ccire Ew adapt.ed. He noted the difference between ylare from Fixtures and ovr.rall amblent light from ti situ. Russel). S.eulon, .irchitec L for tire: petiilorier, stated the I,teri- s ty is less on the south side e.:, !here .ire only three thirty foot polos on the south which will provide security light for the: c:drs bele.y se:rvictd and left outside overi ;ght. f f fect ivc Site lightir g Is needed for security. They July ?, 1987 letter from the petitioner's attorieny w•+s noted. Director 'remete exptoir>ed witIr: variLucre 1tv= were of concern and should be dofer; end if the Atorney's re•questc were aporeved. MOT ION wd;; made be Coe ltic l imembe r Sisk, seronded by Cou"c i lmembe r Crairo, to adopL ORDINANCI 110. h7-15 AMENDING THt ZONING ORDI- NANCI 10 CLASSH Y CLKIAIN LANDS SOUTHk AST OF COUNTY ROAD 9 AND XLNLUM LANE AS li-3 (SI RVIC+ HUC1NFSS) DISTRICT. Motion e:drried on a Roll Call Voir, five aye's. MOTION w.is mide by %LoPjnci l wbmbcr Sisk, seconded by Counc Imeimbe•r Cral•1, to doopt RESOLUTIOW NO, 47-445 SETTING CONDIT1014 TO Bt MET 11400H To PURL U: AT ION OF OhD iNANCL RE ZONING LAND LOCATED 5UUT19: A51 OF COUNTY kOAD 9 AND X:.NIUM LANE FOR PONT LL. LINCOLN RCUHt (8704?.) Motioit carried on a Roll 0.111 vote., five ayes. MOTION wds mdde by Counci lmember Sisk, seconOed by Counc: lmember Crain, Lo adopt IILS(:LUTION NO, 87-446 AN:'ROVING PRFLIMINARY PI..AT F Olt R 1CHAR4 BROKKI , POWE Ll. L I HCOLN 04- RCURY F OR POWE Lt. S F IRST AQUI T ION ( 0049) . Motion cart led on a Roll t_ai i vete, five .ryes. MOTION was made by :uuncllmember Sisk, seconded by Councllmember Crain, to adopt RESOLUTION NO. 87-447 APPROVING FINAL PLAT AND 1jEVLL.OPMLNT CONTRACT FOR POWELLS FIRST I)OLT10N FOR RICHAND BROKKE, POWELL LINCOLN 4E:RCURY ( 87049) . K. -tion Carr led on a Roll Call vote, five ayes. 1)1104 was made by Cciuncllmember "Sisk, seconded by Councilmember Crain. t:o adopt *SOLUTION N0. 87-448 SETTING CONDITIONS 10 BE: MET PRIOR TO FILING OF AND RLLATL'O TO FINAL PLAT FOR POWELLS FIRST AU001 ON FOR RICHARD HROKKE , POWELL LINCOLN MCRCURY 87049). 0 Motion edrr led on d :Zoll C,411 vote, five .eyes. ORDINANCi. NO. 87-15 AMFNDING P RF CLASSIFYING t AND C.R. 9 & XFNII1M LANE Item 7-A HCSOLUT m N(1. 87-44'j AMENDING ZONING LODE RECLASSIFYING !AND C.R. 9 & XFNIIIM ',ANF 1 t err 7-A RE_SOLKION N0, 81-446 PRELIMINARY PLAT POWELL LINCOLN MERCURY 87049) Item 7-A PE:SOLUTION N0. 87-4')7 POWELL LINCOLN MERCURY 87049) Item I -A RE SOLD : 1ON NO. K-446 FINAL PLAT, POWELL LINCOLN MERCURY 87049) Item 7-A 0 He'qul.ir Court( -I'. Met -tin^ bi.y F,, 1`997 MI111011 wa-3 made by Lotowi lme'mbe'r ')i',k, Cretin, to adopt I0'.0111Ti11N NO. M7-44; 1) 111 .)NAL USF Vt ISM I T , AND % nK I ANCI S F (IR I 111COt H Mt HC H't 0709). Se'ce)11d"d b "O.111rllmembc'r AF'PROkIC(i SITF r' AN, r11, - RICHARD BROW F I)R PoWI i t MOTIU?1 watt moide• by M.i nr Sc-hne'ide-r, tw(illde•d by rounvi lme'mher 111jr, W timend telt' main rtmnl lon fit Item 1311 Is wlthdr.iwri i id rt'- pl.ic-t'd with tilt' fol lowinq: The paved drf`d '(i front of .tit- buil0ing m.iy be, tlsed for the displiiy of ne•i vehic.lus, ds incilc.i- Le'd till the .ipproved pi inti .i5 pdrt or the Condit lon.il 115(h Permit ; i)rt)% I(if a(I t hail t tit' .ire'.i wf i I int bH' toxp.inded heyonti that ihown on tile bl.i e5 drld provider thrit only new var's be displayed tri thf.a j 11' i . it Hot Lott .;drried, f Lvt. d)es. M01 1011 wd4, made' by M.iy„r 'u•hnvidc'r, Se'conde'd by !'rninc, 1 1membe'r I t tj r . t (1 .in,l'rtd t tte- and lit moo f on by neo, It't l nq i t em 1 Id. Low It- llme'mbt'r yl:,k %Uitt-d I.Ita1 a romprom'•-.e' was we)rhrd o1it wit h the i'L.)nnlny Cummisslnn dnd urged the Counell to teive this rnn- dit Ion in and legit. It ciland. Courielimember Crdlrt stdLed ties would like to table the matter to g1toes t ., lit'ti.ionrr tilt- rigtit. to ,.tscurv% thi'l wine the coillie-fl di a l.iter mi't't irtq. CourirI.mrmher VdsIIIots stdtt'( ttie requt&sI deferrdI of vArIances was .ie'ceVt.ible for .illowinq Idter discussion; it should not he Inte!rp'f:te'd dS d rommitment to dpprove' the Vdricinct's. Motion cdrried, four dyes. Councilmember Sisk voted tidy. MOTION wd% mdde by Mayor Srhnelder, seconded by Counei lmem!:tsr 5±sk, Le) .imeiid Lhe mdir) motion by dddiriq condition Ills .is fol- lows: "The 11ghtinq pldn hds riot been approved until further rri.ilysis by the petitioner's l ighllnq (%OnsUltdnt. The addition - di informdt iori shall address adegtidte light Iriq for security, impdCt Of all lighting on property to the south and southedst, dnd the impdct of existing ire et l ignt inq on the site:." Motion cdrried, five ayes. Mdln motion .is amended cdrried on d Roll Cdll vote, five ayes. MOTION wds mdde by Councilmember Sisk, seconded by Councilmember Crdiri, to loop! RESOLUTION NO. 47.450 ADOPTING ASSI SSMENTS, PRO- JECT N0. 749, SANITARY SEWER AND WATE:RNAIN AREA, POWLLLS FIRST ADDITION Ili the dmot.nt of $4,128.50. Mutton cdrrled or) d Roll Call vote, five dyes. Ri SOI ITT l ON HO. h7-449 tit It 1't nre, 1-M.11. & Alt 11NCF S, 1'()WF it l I I NCr)l N Mt RCI IRN 4 71149 ) ltesm 7-A RESOLUTION N0. 87-450 SEWER & WATERMAIN POWELLS V IRST ADDN. PROJECT 749 Item 7-A rRegular Council Meeting ` July 6, ;9h7 Pdger 193 NOT1ON wdS mide by Councilmember Sisk, serond+&d by Councl lme mber kF SOLUTION NO. 87-451 Crain, to adopt RE SOLUT ION NO. S7-451 ADOPT 1 NG ASSN SSME NT S, PRO- JI.CT NO. 74b, WATFRMAIN I -ATI HAL, P0%1 ll S FIRST ADDITION in the WATERM.AIN LATFRAI amount of $6,b73.44. POW l L S FIRST W#N. PROF CT 748 Motitat Cdrried ori d Roll Call vote, five ayes. Item 7-A MOTION was mdde by Councilmember Sisk, seconded by Councllmembear Ri.SOLUTION N0, 87-452 L1tur, to adopt RESOLUTION NO. 87-452 APPROVING A CONDITIONAL.., C USF VIRM1T FOR ROBERT CO%AN, CABO COMPANY, INC. FOR HFFVtS PIMA REEK'S P171A 67W). (47063) 7-B* Motion r.drried nn a Roll Call vote, five aye MOTION was made: lly Counclimember Sisk, seehiided by Counei lmember RESOLUTION NO. 87-453 lltur, to adopt. RL.SOLUTION NO. 57-453 APPROVING RESIDENTIAL PRFL IMINARY PLXWM M. PLANNED UNIT UE VF LCIPMENT PRF I.IMINARY PLAN/PLAT AND CONDITIONAL C.U.P. AMFNDME'NT USE PI RM11 AH NUME NT FOR kE NNE TH BRIGGS, HARSTAI) COMPANILS 1 OR LAKE. CAMELOT ESTATE 5 I AHE CAMELOT r STATF 5 (8705 ) (RPUD So") -1) . HARSTAI) COMPANI E S 47056) Potion Cdrrled on d Roll Call vote, five dyes. Item 7-C* HenryHayden, petitioner, stated they worked very hard to devel- SM PLAN AMENDMENT Op d pan to facll ltate their busine-s growth and asked the RI ()UE ST, METROQUIP, Louru:, l's help In ronsiderirey the; rryue;sted variances. Nt, show- INC. (4700?) end several sliders of the site, and adjdceoit areas. Item 7-D Geor t Klein, architect for the petitioner, stated their vdr dnces are necessary to the business expansion. Uirertor Moor.- expidineti the City's policy to Councilmember Slsk He stated that any time a etriveway IS added, there is dnothev conflict point. The only reason for the second driveway IS to dccommoddte their or. -site traffic. In his opinion, how- ever, it Is not nectrssary and, in fact, is a detriment to public lydffis on fernbrook Lane. Councilmember Sit.': stated he thought It would make more sense to get the traffic aff Fernbrook as quickly as possible which the second driveway would seem to allow. Mdnager Willis stated on site circuldtion needs or problems should root encroach on the public street, Alternatives should be pursued. Councilmember VdSIHOu stated ar alternative is ;he issue of outside storage wh;c.h tends to close in the turnlnq radius. She stated that maybe d wider driveway is called for as suggested by the City MdAdger, Direc'or Tremere noted that the difference between their pdr-ling setback variance request and that of the propertv to the south Is that the adjoining property has d setback to a drive aible and not to a pdrking space. Ire------ - — -- - - - - - - - - - - - - - - - - Retluldr Council Meeet inq , Jr,ly b, 1947 F'.cgtb 1114 Mdyor :xclineider st.iLvd the problem seems Io he theit t.tits 51ty f , M ' biq enougli for the expansion. H011011 wds m.idU b.N Co-irtt•i imenbter rrdin, sevondecl by Cotinc-fImem- til St1LUTILON NO. M7-454 ber /i Lur, tea doopt RE SOI l,T ION dO. h7-454 DI 1JY 11!G S1 Tl 13, AN DI NY I NG 1't AN AME NDME NT Argyll VARIANCES 011 MF TROU(1IPq INC. (S,7002) for this fol- AMI H11IE NT, ME TROQU11) lowinq re.isons: 1. the% %Faridnres rriterli h.ivP not been (m,t as INC. (4700t") evidenced by: .i) there are no unlgire physiral surrcuindirr(Is or ltchn 7-1) Lopography; b) there are tit) conditions unique to this paree t to di f fereett i ate It from other simi lar ly loc aLed and zoned parcel s; C) the., difflcr;lty of the plan is caused by the proposed intpn- slly of the use drtd not. with the site; ?. the property owner has placed c,onstralnls ori his site berduse of the outside stordge of U(juipmerll Brief %.ehicle5 and :heir fenved In sertrrity aired; 3. the addit tonal driveway will not improve dcress for emergrrlry vehic- 1 vs r, i rice a fire lane will he required in the sarin' l ora t ion where they ace hrL,%poslnq the dddit tonal drivew.iy; and 4. .in dddlLiondl curb cul would be detrimental to thts operation o' traffic an e: nbrook L.iiie. CouncI Imember ( rain said tlid t cirewth of the husiness Is gond, but. only so much cdn bfb rontaimsd on the property. Counr•Ilmember %dst lau stated she rould support the request if no pre; rdent were likely; but that is not the case. Counrf lmemhet Sisk asked whdt c'or,id be done to help an exist inq business. Ulreaor Tremere sttc vslecf that the stdt'f could .issl%t the et t- ag p t toner by Idt•etlifying altertrdtive sues. Motion carried 011 d Roll Cill vote, five dyes. MOTION was made b Councilmember t i Lur, seronded by Counc i imem- ber Sisk, to adopt RE 5OLUT 10N HO. 47-455 A0, 01 ING ASSI SSME NT, 1946 RLMO%AL AND UE STRUCT ION Of DISI ASI h TRE F 5 for John Prehdrich in the .amount of $611.10. Mol 1011 Cdrrieed on d Roll Cdll vote, ff%e ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Mar, to adopt RE SOLUTION VO. 87-456 AWARD14G HID FOR 1987 51*41_T IMPROVEMENTS, TRYLI L ADDITION, CITY PROJECT N'1. 5309 SWAP LAKE. AUDITIUN, CITY PROJECT N0. 5399 14TH AVENUE & OLIVE. LANE, CITY PH0JEC7 NU. 642 to Buffalo Httuminous In the amnunt of b7391 M U0. MotEu11 carr Led on d ROLL Cdll vote, five .lyes. Wdlter Pdrki_s, representinq Bulldirq Block Nursery School, Staled Me request Is to hold i public hearing for the purpose f Issuing industrial development revenue bonds for two child edre centeirs. The bonds would be issued jointly with the City of Woodbury and/or the Sl. Pdul HRA. Rt FOLUT IOt, N0. 87-455 IFAT- TR! I RI- MOVAL tem 7-E RESOLUTION VO, 87-456 ARRUING BID 1987 STR!'F T IMP, Item 7-F* ORDERING I iF AR I NG ON REQULST TO ISSUE- 1DRH FOR BUILDING BLOCK NURSERY Item 7-G itegular Council Meeting July 6, 1987 Pdge 195 Councilmember Sisk stated !te is concerned with the use of IDRB's to put in COMPetitivc daycare crteters and doesn't believe d p,lb- lic hearing should be held. Mayor Schneider stated he has no interest In putting the peti- tioner through the hoops if the Councli is not inclined to epprove the request. He is opposed to this type of use. Councilmember Crain asked whether the users of their services are luw income. Mr. Parkins jnsa;;reid this. is a non-profit vrganitation ated 27% of their children are on assistance. The typical reeipient pays depending on their ability. Councilmember Crain stated this may be a method of allowinq more working poor to obtain employment without direct subsldir.atlori by the City. Councilmember Vasitl0u stated her concern is with competing with the private sector. Sue Dunkle , petitioner, stated the biggest need is for infant care w c they provide and is not provided by must other day- care centers. They help the customers apply for assistance and provide in service training for their staff. MOTION was made by Councilmember Crain, sec:ondcd by Councilmem- RESOLUTION N0. 87-457 tier l.itur, to adopt RESOLUTION NO. 97-457 RELATING TO THi. ISSUANCE. OF REVENUE BUNDS PURSUANT TO CHAPTER 4749 MINNESOTA I.D.R.B. FOR DAYCARF STATUTES, ORDERING A PUBLIC HEARING RELATING TO THE FINANCING OF CENTER TWO PROPOSED LICENSED CHILD DAY CARE AND NURSERY SCHOOL FACILI- Item 7-C TIES AND AUTHORIZING PUBLICATION OF A NOTICE, OF THE PUBLIC HFAR- ING. Councilmember Crain stated the applicants have heard the con- cerns and will not be approved unless these concerns are addres- sed at the public hearing. tie believes they gave the right to make their case. He personally, however, is not convinced. Councilmember Sisk stated all sides of the issue should be noti- fied of the public hearing. Councllmember Vasiliou stated the question of need is not what needs to be addressed; ! is a question of whether these funds should be used to compete with private industry. Motion carried on a Roll Call vote, five ayes. MOTION was made oy Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 87458 Zitur, to adopt RESOLUTION NO. 87-458 AUTHORIZING EXECUTION OF PUBLIC SERVtCE AGRE:EMLNT FOR DAYCARE: SERVICES WITH GREATER DAYCARE SERVICES WITH MINNEAPOLIS DAYCARE ASSOCIATION AND AUTHORIZING ASSIGNMENT OF COBG FUNDS ADM1N1STRATIVL RLSPONSIHILITIES TO HENNEPIN COUNTY. Item 7 -Hf FEretlon carried on a Roll Call vote, five ayes. dequ lar Council Mee:t inq July 6, 1987 Nge 196 Uirecl,or Moore suiteacf this c•lianciv order is to put in approxt- m.iLel% IOU ft. Of addition,il sari t,iry ewer. The Joel it Inner will jay the tantireentirecost. vast. the 19,45 URC; disc•rissions regardinq MUT IOU was made: by Courrci lmember Crain, reported in the ser-onded by Counrl lmem- ber It ur, to adopt HI SOLUTIOU NO, 17-•459 APPROVINC, CHANGE ORDF R NU, 39 F i.RNBROOl% l_ANI IMPRO%.[ MF NTS FOR F I_RNBROOK ADDI r I ON, PRO- JL.CT UL. 544 by .iddinq 0 Motion edirried on d Rall Call vote, ft%pr ayes. Utrerc:tor Moore state(( this Is for item., of *n1ch thr C)urltwill Nay M, Goldebrr 1oallesy 25%, dnd Plymouth ?5%. These items wt•re2 not rrviewrd by the (:aunty prior to lelt Inq the! Diels. MUTIUN was made by Councilmembebr Crain, seconded by Lourri l iem- ber liter, to ,idopt RESOLUTION NO. S7-460 .APPROVING CHANGI ORDER NO* ?, S, J. GROW S UI F ICF PAKk Alt; A IMPROV( MF HT S, PR(1;1t CT No. 644 by addinq $147,135.00. Glut ton : ,irr ied on a Rall fa 1 l vote, five ayes. Couiiellmember Crdin stated tie Is reluirtant to approle a vhange order without. knowing what It will vast. Director Moore stated Lite Muinges need to he made In order to ublaln .t bol Idinq permit. Thv consult inq engineer dirt riot dr- sitTrr they project to mart the 19,45 URC; disc•rissions regardinq tusks will he held and reported in the near future. This duthorttes Lhe change's so work cdn start ori the project. 11011UN was m.ide by Count• i lmember Crain, ser-onded by Counci lmem- her l i tur, to table the change l.rder ,ind br i nq it bdek to Lhe VounelI when negot l,it tans are vomple t%, aiid cost vst.imates ,ire rere tied. Motion carried, five ayes. Counrilmember dStIIOU Stated tier coneuvir is *10 the fdrt that Lhe changes dre cosmetic. Director lildnk slated the ch.tr,ginq of the poles w%is an oversight dnd the change wt1l make them conform. The money will roma from park dedlcdtton Funds. MUT JUN was mdde by Couac i lmember l i t ur, seconded by Cnunr i 1 mem- ber Sisk, to adopt RESOLUTION NO. 97-461 APPROVING CF;ANGF ORDER NU. 5 FOR PROJECT NO. 712 by adding $4,148. Mot ton carried On d Ro 1 I Cali vat V four dyes. Cnunr 1 Imember Vasiliou voted ndy. RESOLUTION NO, s7-459 CHANGE ORD[ H NO. 3 F t RNFIR001 LANE PR0;1F CT 544 Item 7-I-1 Rt SOL UT I ON NO. 7-460 rMCE i ..7. GROWS (1M0 MRK, PR01 CT 644 Item 7-I-? CHANCE ORDF R NO, 1 WATI R TRF ATMF NT PLANT PRO.11 CT 431 Item 74-3 RISOLUTION NO. K7-40 Z'EiICN PARKF RS LAKE PARK PRnJl CT 71? Item 7-I-4 r Regular Council Meeting July 6, 1967 Page 197 MO)TLON was made by Counrilmemher Sisk, seconded by Counrilmemher RESOLUTION NO. R7-4hl' litur, Lu adopt Rl SOL.UTWU NO). 47-46? APPROVING CHANGE OHl)EI1 rr1.%,k1 _ Nr). ? F OH ROL L I NG H I I 15 NI I GHBORHOOD PARK, PROX Cr NO. 71 1 b%l l?0L1 1NG HIL' S PARb adtiinel $%0U. PROJECT 711 Loam 7-1-5" Motion carried on a Rall Call vete, five ayes. MUT10t! was made by Councilmeriber Sisk, seconded by Counri cme tuber RESOLUTION NO. 87-463 lilur, to ddopt RFSO)LUTION NO. ti7-463 APPROVING PLANS AND l'ECl- ORDITING F 1CATIONS AND 6RDE RING ADVERT LSE ME.NT F OR HLDS, TYRE l L STH ADD I- TYRE Lt 5TH ADDN T ION, STRE I T ACID UT ll. IT LE S, PROX.CT No, 737. PROJECT 737 Item 7-J* Not. [on carried on a Rol t Ca I i vote, f ive a, -ens. Mayor Schneider stated he doesn't have any desire to var.ite, this right-of-way at this point of t Lmr as there could he% need for this In the future. Richtird 4anmarr, petitioner, st.iLtad there is 100 ft. of riclht-rf- way ore t e's7ofs and only 66 ft. or less on Lhe hdlance of the UrIve. By vast inq 55 ft., they would haves builddhle lotr of 15,500 sq. ft. Mayor Schneider stated thdt until to adopt the plans on Lire t rdl l a. e known, ht, cannot favor approving the vacation. MOTION was 11idde by Mayor Schneider, seconded by Councilmember Jltur, to deny the requesLed public h(!drinq. Attorney Thomson asked If the applicant is agreeing with :he re- commenddtion to deny and is no longer requesting the public hearing, Mr. Vanman dgrNed. Mrs. kluck, owner of the property, stdte:d It is time to sell and r. anman %arts to build. He's offered he, twelve times more than the City .,f fered. Virector Moore pointed out that there hray )e a need in the future to construct a sewer on this easement. Mayor Schneider and Councilmember ILtur withdrew their motion. MOTION was made by Mayor Schneider, seconded by Councitmember RESOLUTION NO. R7-464 Sisk, to adopt RLSOLUTION N0. 97-464 ORDEkING PUBLIC HLARING ON ORDFRING WMRr' THE PROPOSED VACATION OF EAST MEDICINF LAKE BOULFVhRD, STREET STREET VACATION RICHT OF WAti, 450 FLL1 ALONG THE NORTHERLY L1NL OF LOTS 40 59 LAST MEDICINE LAKF AW 6 UE Jt VNE 5 SUBDIVISION OF BLOCK 1 ? , 1F D t C 1 NES L AKF PARK for BOULF VARD August. 3, 1987 dt 7:30 p.m. Item 7-K Motion carried on d Roll C -ill vote, five dyes. 0 rRegoldr Council Meeting Judy 69 19h7 I'dgca 19h MOT ION *,is made by Counr.l I member SI sk, seconded by Counr i I mrmber l.ilur, In .adopt RE.SOI UTIIIN NO. 47-465 Rt Ct 141NG NRI 1 IMINAPY isF NG1Nt E.RING REPORT, CITY NROJI CT NO. 6609 WOOD CRI I K ADDITION, UHAINAGE 1MPROW M1 NTS. Motion rdrric,d o d Roll Cdll vote, °ivc' .lyes. Councilmember Vdsiliou asked About the t lmeliness of this study jnd whether the County would sh.jre ir the cast. Mdndge:r WI11 is dnswere;d lhdt, if d cost sharing is negot i ited on they project, they would sharr in the Bost of theiicuiec•t nut In I he cont, of the design plains. Uirectur Moore stated the r.hlef ddvant.dye of this ISSM' i^ th,e1 it gets ort with It proress which the City needs to undertake te: keep on the 19h9 time frdme for voostruction. MUT ION wds indde by Counri lmember 4 ds i l iou, seconded by Cocmc 1 l - member i ltur, to adopt HI SOLUTION NO. 47-466 DI SIGNATIN(; CONSUL - T ING t NG1NI I N AND AMENDING F NG INt I R SE RV 1Ct S AGRI E MI NT, 1-494/ COUNTY ROAD 6 INTI RCHANGI , Cl TY PRO1.0 NO. ?50. Kiyur Schneider st.iletd he dc usn't ;re jlov reason to ano%,, ahead with this at this time; the dcoal with the Count) should ho- made first. Discussion followed to the timinq of the design work, where MWOT funds would come from, and the lead lime required to obldir funding. Motion Cdrried an d Roll Cdll vote, three dyes. Mayor Schneider and Counrilmember Crdin voted nay. MOTION wds made by Councilmember Sisk, seconded by Counrllmember Illur, to adopt RISOLUTION NO. H7-467 REDUCING DM LOPMENT BOND, MARKERS LAKL t ARM SECOND ADDITION ( 8601.3) to $1,3440 Motion cdrrled on d Roll Cdll vote, five dyes. MOTION wds m. tee by Councilmember Sisk, seconded by Councilmember Iltur, to adopt HLSOI.UTION NO. 87-469 REDUCING DEVELOPMENT BOND, SUNSET VALLEY HOMES ADDITION (87022) to $50,086. Motlun carried on d Roll Call -+ote, five ayes. MOTION wds made by Councilmember Slsle., seconded by Councilmember Lttur, to ddopt RLSOLUTION NO. 87-469 REDUCING DEVELOPMENT BOND, QUAIL RIDGE OF PLYMOUTH 2ND ADDITION (870?1) to $81,693. Mollon carried on a Roll Call vote, five dyes. 0 W SOl I,TION NO. h7-465 If A L r 1 IIM III r %m 1 WOOD CRE F K ADDN . PRO;11 C T 660 Item 7-l.* RI SOL IITION NO, h7-466 I-494/C.R. 6 INTI RCHANGt PHOJt C T ?50 Item 7-M RESOLUTION NO, 87--467 BOND REDUMON PARKERS l AKF FARM 2ND 86013) Item 7-N-1* RESOLUTION N0, 87-468 BOND REDUCTION SUNSET VALLEY HOMES 87022) Item 7-N-2* RESOLUTION N0. 87-469 BOND REDUCTIOR QUAIL RIDGE 2ND 87021) Item 7-N-3* Requldr Council R!etAnq 3uly 6, 1997 Pdge 199 MOTION was m.:de by Counrilmeamuer Sisk, serneided by Couriel lmemher RESOLUTION NO, h7-470 llteir, to .idopt. Hl SOL.UTION NO. 47-470 HI DIKING OF F 1011141 HT HOND, BASS I.AKI HE IGHTS 4TH AUDITION (!151.'6) to $1`J,6mi. HASS I AkF HF IGHTS 4111 451?6) Motiori carried on .i Roll Cell vote, f.veb ayes. Item 7-N-4* MOTLON woes nedde, by CouneLLmember Sisk, geronded by Counriltrit•mher RESOLUTION NO, h7-471 l.tt-ir, to ddOpt l* SOLUTION NO. 47-471 RFDUCINC OF VF l 011MI NT BOND, BOND REDUCTION ROI.i. ING HILLS ["ARK f NO AUDITION (450?6) to $0. ROLL ING H11 l.S PARK ?ND MOM Motion carr led on d Roil Cd i L vOtet, five dyes. Item 7-N-5* NOI LON wari Made by Coullvi lmemher Crain, seronded by Count•l.lmem- Rt SOLOTION NO. 87-472 her Sisk, t o adup t Ht SOL.0 T I ON NO. 47-47? APPROVING CHANGING CON- CHANCINC CONDITION'' U111UNS FUFt PHI ASANT TRAIL. ADDITION, PHT'ASANT TRAtt. 401)tt. ltem 7-h Mut inn car ^ lead ore d Ro 1 l Cd l l VOILA%, five ave.,bS. RI VUR T .q% JI OFF 1Ct HS, BOARDS AND COMMISSIONS Coarir. i lmember Crain dsked what H l t tes were ront,drt.ed with re gdrd AWARD OF I .M. S. Lo theseb pruposdls. Item N -A Stan MorK, McCladrey, Hrndrlrkson, and FhellPn, ronstiltantg to Mil CLtyl stdted they contarted a number of other cities which use parts of the system. None, however, hdve an entire system such as that brinq proposed for Plymouth. Councilmember Crdln stated his concern with the statement thdt there Is fit) yu.irdnlee the projected reseelts will be achieved. Mr. Mork stdted that the bids are firm quotations, however, there may be some rhanges or vdriat tons needed by the City ye - fore completion of the Iieste lat Lon, MUTIOh. was made by Counc;ilmember Sisk, seconded by Councilmember RESOLUTION N0. 147-473 1 Ltur. to adopt RLSOLUTION N0. 87-473 AWAIMING THE CONTRACT FOR AWARDING CONTHRr' AN MORMATION MANAGI_MLNT SYSTEM to Unisys Corpordt Lon /Systems INFORMATION MANACF'MFNT Consultarots Inc. In an amount not to exceed S507,121. SYSTEM Item 8-A Motion carried on a Roll Cd l 1 VOILO, five ayes. Director Hahn stated he expectF to have the system Installed within two years. It may take up to two addittonal years to transfer dll the old records. Councilmember Vasiliou stated she would like to see liquor pos- LIQUOR ISSUES sibie for restduretits In shopping centers with specific guide- Item 8-0 Ines. Mayor Schneider stated the concern in the past has been with liquor in residpritial neighborhoods and the noise•, litter, cars, etc. that, get along with it. rRegular Council Meeting July 6, 1987 Page ?00 Counc;ilmembe;r Sisk dare'ed that the City should find sow, way to tir.cumrnodate° It, in Wier than freestandinq buildings. AlAorreeY Thomson sta:F•d it, would be redsonahltm to h.eve a dif- ferent criLerla for 'reestdnding versus other types of bui ld- ings. Counc lime:mber Crain stated he would likes to leave the stdnddrds ds they are with freest-indinq and credtP the possibility for liquor establishments within commerr.i.il areas, of a minimum size, d 150 seat, requirement., minimum distcince from residential areas, etc. Councilmember Vasiliuu staled site %could like to set! a re commend- ttion from stuff listing the e•r[te,-ia for shoppinq center and office complex liquor licenses. Mayor Schneider st4etead he wants a difft.rentiotion made beL"en shopping renters and ot'fleer liquor ill a complexes. Director 1re:mere stated staff needs some direction an wneth.;r Lhe Council wants liquor in shopping renLers under spec i f lr, coi.- ditions or rants to prohibit on sale liquor in shoppioig center.n. Mayor Schneider slated he would not like to sere liquor ill a shopuinq venter across the street f )m a residential neighbor- hood. htdff Is to consider shoppinq renters already ir place and ton- inq arourcd them and shoppirn renters qulded or toned, but not built, died yive the Council an overview, including a map of I hu sr a re d S . had or .`u1uit% t dvr asked that another mdp include office complexes. Doris krdeme:r, West Medicine Ldke: Community Club, stated the 7uh has been in exlstdnce many years. It is a small organir.a- tlon which used to hold bingo once a year for two or three nights during its carnival. They also used to hold raffles orcdsionally. The lose of the ability to hold these events has created a hardship because the proceeds from these events were donated to charity. Mayor Schneider stated there may be no problem with servlre clubs being licensed, but the Council must address the entire City and eiifurceme:nt is expensive. CcutecOmember Sisk stated he would prefer to stay with option 1, which prohibits gambling on premises licensed to sell liquor, and not make changes to allow gambling with its problems. Attorney 711om30r slated, if the Council wanted to change the ordinance, It could be written so clubs cannot have gambllnq with on -sale liquor but could with on -sale non-Intoxicatinq 0 HeguldC Council Meetinq July 6, 1987 F'ac1P ?01 Ilquor. Another way Is to limit. the types of gambllnq or number of events or limit the events La the club site only. MOTION was made by Couricllmember lltur, seconded by Couneltmem- ber Vasillou, for sL.eff to make• recommendations for ordinanreb changes Lo adapt option ? which would allow char i tah le gaambl inct with specific, criteria. Sqt. Rogers stated t.h.st the State's priority is to qet its 10% and the burden of lord l rergt ldt. tori rests wI Lh LOCdl quve:rnde;nts to invest lyate they manager and any v lolat tons. Staff time and expense Is not compensated for. Councilmember Crain stated he would like to lank at staff pro- posed cr i ter la before consider i nq an ordhidrrres chanete!. Mut. Lon c•at rled, five dyes. Director Mnore, atated the two lssueS ares the lucent ive prc,grdM incl type of container to be used. dcnea toCourivilmemberhickaskedIfmorecadvertisliq City should he dcnea to encourage use; beforc- lncurrinq the expense of the bonus program. MOTION w.es mach by Cocene i lmemher l i t ur, seconded by Counci lneem- bvr Crain, to table the Issue until ditcar the July d0 public hearing. Mayor Schneider asked for a report as to the catianale wh;Vh would Oreclude the City's use of it Reuter's type program In lleu of it source separat inn program. Motion carried, five dyes. Manager Willis rioted th.it an agreement hies been re.iched between Uwaine .+nd Audrey Johnson tinct the developer of thr Wooddei'Le Addition for the purchase of the property. Attorney Thomson st4itecl he will Iny of July ?.7. holed hii report tint i 1 the meet- Courrc i lme:mber Sisk asked how the City can qa 1 rt aCce'ss to spec. t - flr homer; and what Is to be done with the defective manholes. Director Wore slated the manholes will be fixed, however, they do not add that much to the problem. They homeowners associa- tions will inform their members of the problem and Individual letters will be sent to homes ree:uest inq permission to conduct an 1n3pCction of their sump pump. itl CYCI INC STATUS HI NOH T It er $4 -C DRAINAGI PNOBLE M NA I NF & AUDNI Y JOHNSON Item 8-D SUNNI K COURT OF C I S I ON Item h -F sf wF, H SY5 m F VALUAT ION SURVF V Item H -I" Hequldr Counri l Mebrt inq k 1) h, 1997 I'age'U' Cotenrl lme rds- r Cr ian sLated tits rum -tarn, If they map Is correct , Mttft Ic e, dbt l tt y of Srhm; dt l .ike• Rtmd Io licmill e• the pro,je t -I ted imounl of traff Ir betvive•n IdVhdry Unit -ind l arch l drle' with d l l the hAtarwet iuees, assmiriq .in InLixeti.ingr dt 1-494. The nest steps are comp le•t tun of em I A%, mrtert ion of in .i I Iqn- ment, and dpplICA Ian for permits. They me!t!t!ny ddjuurned sit 1:7' a.m. r d r e' rdn t 0 CI M I D T l AM AI T1 RtATAM I I T1 STI IUY Item N X, ROAD IIASII11-