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HomeMy WebLinkAboutCity Council Minutes 03-21-1988isle 0 A reipilar order by Cha,mners March 21, MINUTES REGULAR COUNCIL MEETING MARCH 21, 1968 meeting of th.; Flymouth City Mayor Schneider at 7:30 p.m. of the City Center at 3400 1988. Council In the Plymouth was called to City Council Boulevard on P4FSLNT: Mayor Schneider, Councilmembers Vasillou, Ricker, 11tur, and Sisk, City Manager Wallis, Assistant manager Boyles, Panning Director Tremere, Riblic Works Director Moore, Park Director Blzank, Finance Director Mahn, City Attorney Thomson, and City Clerk Brandt AW.NT : None PROCLAMATIONS Representatives of Camp Fire, Inc presented the colors. They gave the Council a birthday cakes in Konor of their 78th year. dayor Schneider read a proclamation in honor of Camp Fire's 78th bir'hday. CONStUT AGENDA MOTION was made by Councllmember Ricker, seconded by Councltmem- ber Sisk, to adopt the consent agenda deferring Item 7-K, and de 1 iting items 7-M, 7-U, and 7 -CC, Motion carried on a Roll Call vote, five ayes MINUTES MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Slsk, to approve the minutes of the March 7 Regular Council Meeting as submitted. Motion carried on a Roll Call vote, five ayes. PUBL1" HEARINGS M—M,. Mayor Schneider opened the public hearing at 7,A2 F No 46 -le chose to speak and the hearing was %dosed at 7:42 p.m. 0 PROCLAMATION Iter 4 CONSENT AGENDA MINUTES MEETING, 19;3 Lem 5* REGULAR MARCS " 7, PUBLIC 11CARINC - WtED ERADICATION ROLL Item R -A Regular Council Meeting March 21, 1988 Paye 72 MOTION was made by Councilmember Sisk, seconded by Councilmember Zicur, to adopt RESOLUTION NO. 88-174 ADOPTING ASSESSMENT, 1987 WEED ERADICATION AND DESTRUCTIO1 ROLL 4 in the amount of 712.520 Mtion carried on a Roll Cal l vote, five a) -es. Mayor Schneider opened the public hearing at 7:43 p.m. No one chose to speak and the hearing was closed at 7:43 p.m. MOTION was made by Counc-lmember Sisk, seconded by Couicilmember Zitur, to adopt RESOLUTION NO. 88-175 ADOPTING ASSESSMENT, 1987 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2 in the amount of $1,913.7'. Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Schneteer explained th;; difference between the attached garage being requested and the vaciince previously granted in the neighborhood which was for a detached garage. The grade of the properties is different and must, be consijered. The Mayor recognized Board of 'oning member Anderson who said the Board's action was accurately reflected !n the minutes and Board resolution. Earl Hanke, 11710 28th Avee, stated he needs more garage space and as a where he could put a gas -age if not in front of the house. He currently has a single car attached garage. None of his neighbors oppose the request. He hander: out a letter dated March 21, 1988. Councilmember Vasiliou pointed out that the purpose of the garage vlemed be to house several cars and reczea::onal vehicles. Perhaps the use of the site his been maximized. Mayor Schneider stated the problem is that this could set an undesirable variance precedent. CouncilmembEr A".ittar asked whether they were running a business In the horise. Mrd Henke answered that his wife runs a dog grooming bustness out of the nouse. The vehicles are all family vehccles. UirtLtor Tremere stated there may be homes in the neighborhood th st did nv t request or receive formal variances, as suggested by the petitioner, because they were developed many years acro. On.ty the one variance cited by the petittorer was granted to the neighborhood and Involved an arcegscry building and front yard setback. RESOLUTION N0, 88-174 ADOPTING ASSESSMENT WEED ERADICATION ROLL Item 6-A PUBLIC HEARING - DISEASED FREES Item 6-B RESOLUTION N0, 88-175 ADOPTING AS. ESSMF T DISEASED TREES Item 6-B APPEAL OF BOZA DECISION BY EARL HANKF Item 7-A Regular Council Meeting March 21, 1988 Page 73 MOTION was made by CounktLmemher Vasillou, secondee by Council- R SOLU1ION NO. 88-176 member Ricker, to adopt RESOLUTION N0. 88-176 DENIAL OF APPLAL DENIAL OF 802A APPEAL BY EARL HANKS OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING EARL HANKS 2-1-88). Item 7.4 Manager Willis stated Mr. Nanke could draw the setback limits on his surve;i and construct i garage anywhere wi•hlr, the lines without ; variance. Mayor Schneider stated the Council do.-sn't want to plan :its lot for hIm. There appears to be some constraints but all option;, have not been identified. Counclimem ctr Vasillou noted that the Board of Zeniny pointed out that. 'his is a residential lot intended foc sinylP family use and, 1 ecause of the business, tke ex Lended f z-91 ly, and the number of vehicles, the lot i` overused. It is not approortate to allow a variance to over extend 1:ss of the lot. Motion carried on a Roll Call vote. five ayes. Director Tremere stated the application is for a variance from VARIANCE REQI'ES1 ban development policy to create a five acre parcel in the MARLIN & JOAN LFFPE.R rural part of the City. I" the variance is approved, the pro- (8703:5) perty would be divided by a :registered Land Survey to create Item 7-B four tracts. A number of neighbors oppose t;ie par's dedlcatlon of the tract by the lake because +' would allc17 futur» ,)ohs is access to the lake. Sherm Guldber9i representing Bill Leeper, pointeJ out that ;he dualit had varied from the policy in the pant where a family wanted to create a parcel to build a home for anothetr family member. The new tract would meet ordinance :,tand.irds. Bill Lepper, 5525 Juneau Lane, stated he has owned thu property for 33 and he would like to give his son a piece o° It f;,r a home. He asked the Council to be fair as %his was done for two neighbors in the past. Arnold Palmer, 55:0 Juneau Lane, stated the neighbors present at t" a F1 ann r7g Commission hearing do not see a hardship and asked for denial. Wajne Ja p, 1.3040 38th ave., slated Ise !s totally against the park area being established to open the lake. When he bought land in the area, he understood there would be no park for many years. Counctimember Sisk stated he doesn't believe the request, is out of lin: with what has been done In the past nor is 0- a peoblte-n for the future. The arca will open un for development after the year 2000 which 13 not "rapid" development. The precedent ha.3 been set to allow children the opportunity to llvF, on their parents' land and it wouLdn't seem fair nvt to allow this row. 11 Regu' ar Co4jnci1 Meeting Marc i 21, 1988 Page 74 The regljir %d park dedicdtion has nothing to do with his consi- deration. Councilmemb,:r Vasiliou also favored the regcfbst as It was reasonable and would have very littlr impact. Director fremere stated State tar says that a r-iral property owner ma/ divide and convey residential property if it is at least 20 acres and 500 ft. wide without yoIng through City divi- sion procedures. The Issue here is a vsriance from City urban development policy to allow the creation of this parcel. Attorney Thomson stated the issue of hardship is not the ques- tion her#: b!kcause the poli .y statea what must be shown, to grant a variarce and, unlike toning variances, h;irdship Is not one of them. if the Council finds that divergence Pram the policy will not c-.dse the impacts cited by the policy, approval would be in order. Director Treftre stated this would create another lot aoid home which is contrary to the City's policy not to encourage develop- ment in a rural area. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-177 APPR9VING VARIANCE FROM THE URBAN DEVELOPMENT POLICY RESOLUTION N0, 7>-664 FOR MARTIN AND JOAN LEEPER (87095) amending condition 02 by add+ng the fol- lowing: "...because it will only create otto additional lot." and adding condition N3 as follows: "The Council has granted similar variances if the new parcel is to ue occupied by a mem- ber of the family owning the property." Motion carried on a Roll Call vote, four ay -!s. Mayor Schneider voted nay. NOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-178 APPROVING PR:LIMINARY REGISTERED LAND SURVEY (R.I.S.) FOR MARTIN AND JOAN LEEPER 87095). Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. NOTION was made by Cjuncilmember Sisk, seconded by Councilmember Vasiliou, to adopt !IESOLUTION NO. 88-179 APPROVING FINAL REGIS- TERED LAND SURVEY (R.L.S.) N0. FOR MARTIN AND JOAN LEEPER 87095). Motion carried on a loll Call vote, four ayes. Mayor Schneider voted nay. RESOLUTION N0. 88-177 APPR << I MARTIN & ROAN LEEPER 87095) Item 7-B RESOLUTION NG. 8.3-178 PRELIMINARY . MARTIN 8 JOAN LF_EPER 87095) Item 7-B RESOLUTION N0. 88-179 1 .• 1'Wrti 11 . ` . V . MARTIN a JOAN LEEPER 87095) Item 7-B p Regular Council Meeting March 21, 1988 Page 75 i U U NOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-180 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL RFGISTFRFD LAND SURVEY (R.L.S.) N0. FOR MARTIN AND JOAN LFE_PER (87095). Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. Kevin Von Riedel, McCombs, Frank, Roos, explained the project, the water features, planned transition, and the proposed use of open space. Glenn Olander-Quamme, 10750 55th Ave., President of Harrison Hills Hiomeowners ^sociation, stated they are concerned with the access into the development being through theirs and the density. Given the density of the development and the funneling affect onto 55th Ave., they would like stop signs along 55th at some time In the future when, and if, this becomes a problem. Mayor Schneider pointed out that tke development is eligible for 37 more units than they are requesting. The planned density is not excessive for the site. Director Moore stated the plan is that 55th Ave. is designated a collector street. The designs of the area include a minimal number of lots facing 55th Ave. The purpose of stop signs Is to control traffic at an intersection and the design is to encour- age traffic to use 55th Ave. If there is a speed problem, It is up to the police to enforce it. NOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt ORDINANCE N0. 88-09 AMENDING THE ZONING ORDINANCE TO CLA`iSIFY CERTAIN LAND SOUTHWEST OF COUNTY ROAD 10 AND NATHAN LANE. AS R-2 (LOW DENSITY MULTIPLE RESIDEW.E) DISTRICT, R-3 (MEDIUM DENSITY MULTIPLE RESIDENCE) DISTRICT AND B-2 (SHOPPING CENTER BUSINESS) DISTRICT (87109). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION N0. 88-18.1 SETTING CONDITION TO BE HE] PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED SOUTHWEST OF COUNTY ROAD 10 AND NATHAN LANE (87109). Motion, carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Counclimem- ber Sisk, to adopt RESOLUTION NO. 88-182 APPROVING REVISED MIXED PLANNED UNI( DEVELOPMENT (PPUD) CONCEPT PLAN FOR DAVID PETERSON, HLW LYN, IHC./FGC CORPORATION (87109). RESOLUTION N0, 88-180 SETTING CONDIT16NS FINAL R.L.S. MARTIN & JOAN I.F.EPFR 87095) Item 7-6 REV ISf D MPUD REQUEST HEW LYN INC. (87109) Item 7-C ORDINANCE N0. 88-09 AMENDING E HEW LYN, INC. (87109) Item 7-C RESOLUTION N0. 88-161 SETTING CONDITION AMENDING ZONING CODE HEW LYN, INC. (87109) Item 7-C RESOLUTION N0, 88-182 APPROVING REVISED hPUD CONCEPT PLAN HEW LYN, INC. (87109) Item 7-C Regular Council Meeting March 21, 1988 Page 76 MOTION was made by Mayor Schneider, seconded by Councllmember Sisk, to amend condition 05 as follows: "All trails shall be per City standards; reference to wood chip trails shall be stricken from the approved plans. Trail construction shall begin prior to issuance of building permits for houses abutting the trails, and trails will be completed prior to issuance of certificate of occupancy for the houses abutting the trails." is Motion to amend carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Iltur, to add the Following to condition X17: "Open space, trails, and amenities." Motion to amend carried, five ayes. MOTION was made by Mayor Schneider, Sisk, to add condition #10 as follors: the Bass Creek Conservation area are struction except where necessary to that necessity is to be reviewed Engineer." Notion to amend carried, five aye:A. seconded by Councilmember Slopes and trees along not to be disturbed by con.. Install sewer and water and and approved by the City Motion as amended carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Iitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION Nil. 88-183 APPROVING REVISED MIXED PLANNED UNIT DEVELOPMENT PREL111INARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR DAVID PETERSON, HCrW LYN, INC./FGC CORPORATION FOR HARRISON HILLS PONDS" (87109) (NPUD 88-02). Motion carried on a Roll Cal! vote, five ayes% MOTION was made by Councilmember Ricker, seconded by Councilmen:- ber Sisk, to adept RESOLUTION NO. 88-184 APPROVING MODIFICATION OF MINIMUM FRON1 YARD SETBACK FOR 1.01 2 BLOCK 2 UEERW00D GLLN PLAT TWO (RPUD 85-4) (87010;. Motion carried on a Roll Cell vote, five ayes. Rev. Bruce Talso, represe-.ting Paula Kim, stated the $8,600 is a sizable ama.mt nvolving many years of saving to prepay their assessment to build on the property. The City told Mr. 8 Mrs. Kim the soil conditions Heeded correction but the lot was build- able. Subsequently to finding out the amount of the correc- tions, the Kims asked fl)r and received a refund of the purchase price from Hennepin County. They are now asking fcr a refund or reduction of the amount paid the City for special assessments. RESOLUTION N0. 88-183 REVISEFWUD PRELIMINARY PLAN/PLAT 8 C .U.P. , HEW LYN 87109) Item 7 -C RESOLUTION N0. 88-184 DEERW00D GLEN PLAT TWO 87010) Item 7-D* REQUF,ST FOR REBATE SAMUEL KIM Item 7-E Regular Council Meeting March 21, 1988 Page 77 Pat Moore, 8330 Wesley Drive, stated the Kims thought they had to prepay '.he asd=essments to purchase the lot and asked, if they hadn't paid, would they still owe the assessments. t 0 Mayor Schneider answered that. they would not because they do not own the land any longer. The: assessments go with tho land. Attorney Thom,. -.on stated special assessments are authorized by Chapter 429 a -id have to be cone in strict conformance with this chapter by the Council. Li this situtation, the law doesn't allow the City to refund an assessment that has beer paid if the 30 day period to question it is expired. They cai accomplish the same ru-su;t by going through another public hcaring and notifying the same resivents as in the original assessment hear - Ing and reduce the assessment, if there was an c.-ror made on this parce i. Mayor Sch,ieider asked, If the assessment were reduced and the amount refunded, can tlere be another public hearing to put the assessment back on the lot. Attorneli Thomson answered that, i n order to reduce the assess- ment, they have to find that a mistake was madn ori41inally. The end result would be that the decision made at a second hearing would o1ave to stand. The grounds for hav;ng made the mi 4take could oe that the Council slid not know that the assessment would not b+: in line with the final worth of the lot. Paul, Kien, 6125 65th Ave., stated they purchased the lot in 1986 beecaise the City and developer told them the Tot wa:i hulldable. MUTTON was made by Councilmember Sisk, seconded by Ceuncilmembcr Vaviliou to adopt RESOLUTION NO. 88-185 ORDERING A PUBLIC HL1%RING TO RECONSIDER THE- SPE:CIAt ASSESSMENTS ON PROPERTY AT W1305 30TH AVENUE_, Attorney Thomson stated a separate public hearioiy would have to to held if any other neighbor requested a refund. The soil report is unique to this plece of lard. Councilmember Ricker stfited the special assessments on the property are the City's and the County would not Sob involved 1n the future. Motion carried on a Roll Call vete, five ayes. Kelly Doran, Vantage Propertle;, gave the background of the guiding an zoning of property and the reasons for the requested change to the Land Us! Guide Plan. He showed a rough site plin and pictures of the type of building they are proposing. lie pointed out the advantages of having one developer for the entire parcel. RESOLUTION N0. 88-185 ORUER114G R TARING RECONSIDER ASSESSMENTS S iMUEL KIM tem 7-E LAND USE GUIDE PIAN AMENDMENT, VANTAGE COMPANIES (8800?) Item 7-E' I I/ Regular Council Meeting March `1, 1988 Page 78 Mayor Schneider asked why the Cl. gutdtng wasn't appropriate If the use would be office. Director iremerc answered that the things they are seeking require I-1, are not found In the overlap, and the property can- not be zoned by a varlanc% to have industrial of any type. Mayor Schneider !stated the entire area should be industrial and riot leays one parcel CL. Mr. Doran stated that, while one parcel has already peen approved for a small office building, the reguiding of the pro- perty is subject to the requested use and would revert to Its original guiding if the plan is not approved. Tioey need the flexibility to provide characteristics in the; buildings which are classifted as industrial by the (ity. The a,,)pearance would be as an office building. Councilmember Vasiliou pointed out that the 0-1 development is just starting and may generate further uses an.i this request is market driven. While the proposed use was riot foreseen when the guiding was established, it doesn't mean It is a good Idea to change the guiding because thea: is a use now. The Mayer stated the land west of future Aerkshire Lane was not Include) and would thus remain A., as would the: corner site for which plans were just approved. Mr. Doran stated those owners may seek the reguiding to LA -3 which was once approved but which expired since no development occurred. Councilmember Sisk stated t..e .tan isn't complete enough for the Coutecil to approve the reque3, as part of a package. the Mayor said that, while deferral might make sense In some cases to get a more detailed understanding, he could not support that now because the proposal leaves the land west of Berkshire Lane as an exception. MOTION was made by Councllmember Sisk, seconded by Councilmemuer Lltur, to adopt RESOLUTION NO, 88 166 DENYING LAND USE CUI1111: PLAN AMENDMENT FOR VANT\GF COWANILS (88002). David Field, Field Fi uncial Cu., stated they purchased the propertyTTI969 and ct,ang(.i It from industrial to H -I In 1979, there have been no pu%chase agreements on the property si.ce. Thee now have parties w'io are interested In the parcel If the zoning Is changed back to industrial. He asked the Council %:o wait for final plans from Vantage before making a decision. Mr. Doran stated that they seek a positive endorsement now. C'ounclimember Vasiliou stated she doesn't think the Cotincit should encourage some:une to pre)are final plane when the Council doe3n't have any tntentton of changing the roninq. RESOLUTION N0, 88-186 DENYING LANG USE GUIDE PIAN AMENDMENT VANTAGE COMPANIES 88002) Item 7-l- Regular Co cil Meeting March 21, 88 Paye 79 Coelncilmembe.- 71tur stated that he doesn't believe this wou." the highest a.id best use of the land. Mayor Schne1e.r stated he aLue:ted that, If the entire quadrant were reguice% , it would result in a high amenity development vikilf% is impo tditt because of Its being a gateway to the area. Motlon cerr:e:l on a Roll Call vote, five ayes. Llrector Treff .re stated the Planning Comnmistsoi, gave the pe!l - VICKSBURG APARIMENT CO honer some c,rection at the hearing on landscAping e!%d the new MARK RAVICH (87131) plans are res,. )nsive to that. Item 7-i, Stan Bara:z, 'telsh Company,, st.eted there will be 434 units In the ap srtaiien• development. Lind described t.h« amenities. The t'n1Ls will b: In the upper end of the rental market. Attorney Thorson stated the full abstra(:t was only receiveh recently and dome title concerns existed which Is why he sugges- ted adding condition 911 as submitted. Mayor Skh#%eider asked about landscaping between building two and the tennis court and pool arras from tho neighborhood to the nc rtl . Mark Ravich, owner of the Nreperty, :;sated that. 40 trees were added to 'he north side et the dircetion of tt1q' P(drining Commis sion. MOTION was male by Councilmember Sisk, seconded by Councilmembe•r ORDINANCE N_0, S8-10 Ricker, to idopt ORDINANCE N0. M8 10 AMEN:ING THE ZONING AMENDING 1i1rzIN C UE. ORDINANCE TO CLASSIFY CERTAIN LAND NORTHEAsr '1F VICKSBURG LANE VICKSBURG APARTMENT co AND NEW COUNTY ROAD 9 AS R-4 (HIGH DENSITY :IOL i IPLE RFS II EHICE) ( 87131) 874,31). Item :-G M0ti1)n carried on a Roll Call vote, five aye-.. NOTION was merle by rouncilmember Sisk, seconded by Countilmember RESOLUTION MOs 88-187 Ricker, to astopt RESOLUTION N0. 83--1127 SCITING CONUITION TO BE SITING Ct NUIIION MET PRIUR T., PUBLICATION OF ORDINANCk RF.ZONiNG [AND LOCATED AMENDING ZONiNC CODE NORTWASI OF VIChSHUhG LANG AND Ni_W COUNT.' ;?Or,) (87131). VICKSBURG APARIMFNT CO 8713!.1 Motion earvied on a moll Carl vote, five ayes. item 7-G MUT ION was mares by Counu l lmember S_ sk, 3econdcd by Couize t lmember RESOLUTI04 N0. 83-188 Ricker, to adol t K hOLUTION NO. 68-188 APPROVING RESIDkNTIALUICEf''LT1—' PLAWtO UNIT D1 VLLOPME:NT CONCEPT PLAN, PRl_I.1MINARY PLAN/PLAT, PIAN/PLAT FINAL PLAN F IN41. P1%N AFD CONDITIONAL USE IAF NHI T FOR MARK: K AVICII, VICKSBURG 4 C.U.P. VICKSBURG APAltrM&kT COMPANY WLID 88-01) (87131). APARTMF 'T CO (87111) Item 7 - 7 6 Regular -ounci l Meeting maeca 217 1988 Page 80 MOTION was r de by Mayor Scrtneider, seconded by C-)uncilmember Litur, to a wend by addinq cone i t ion No. 19 is fr t lows: hAdditional hiffet-Ing shall t'e provided between R1jtld1!.g 'Two and neighborhood to ',-,he north to minimize noise In-dCt from the tennis courts and pool by adding 19 trees of the game. species as tiio;,e shown to Lhc revived plan." Mr. Ravlch Sl-:eted they wculd also p -it some of the teees closer to the pool to absorb the nojse. Mutt -)#i to imei:J carried, r lve ayes. O.otion -is once agk:nd-Ad r,arried on a Roll Call. vote, five ayes. WION -3as made by Counciimember Sisk, seconded by CouncilmL-mber R!,wer. *o •idopt R1.50LUTION NO. 88-169 AFPPROVING FINAL FLAT FOR V ICkSBURG ADOI i ION FOR MARK RAV ICH, Y'CKSBURia APARTMENT COMPANY W131) (RFUD HN-Oli. Motion-arried on a Roll Call vote, f1ve ayes. MOTION was mad^ by Councilmember Sisk, -Pconded 'ly Councilmember Ric'-er, to adopt RESOLUTION NO. 88-190 SETTING CONDITIONS :0 HE: MET PRIOR TO FILING OF AND RF'l.ATED TO F (NAL PLAT FOR VICXSBUPG ADDITION FW MA4K RAV ICH, V ILKSBURG APARTMENT COMPANY (8 7131) RPUP 38-011. Motion carried on i Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, ber Stsk, to idopt RESOLUTION 4. 88-191 COND11IONAL USE PERMIT AMENDMENT FOR 88014)0 seconded by Cluncilmem- APPROVING SIT-: PLAN AND PLYMO')TH BIPLF CHAPEL Motion carried on a Roll Call Coote, five ayes. Attorney lhomson was asked to review the March 18, 1988 staff report, he stLted they reason Opus ii before the Counct: is run- dition ill of their app"oving resoltition No. 88-09 which requires that appropriate legal document -i be r.cordead prior to he Issuance of buildtr., permits which state that a parking ramp may he required. Tie question is what did the Council mean. The reason why that condition was added was that, by increisiieg the proposed office use of the building, a different parl.ing standard was triggered. The applicant understood at the tame tyat the only factor to t.reate the need Vor the additional -sark Ing .4a3 if the office use ex%;eedFd 60%. The Counol l approved the ramp if there wax a parking ; roblem on the site regardless If the office use exceeded 60%6 Jeff Essen, Ovus Corporation, seated Lhe question is what the Ir ent o the romiition was. Thev proposa they not be forced to create a 40% parking "surplus" and requested rlartfication of RESOLUTION N0, 88-1.89 FINAL PLAT V ICK: BURS .. APAR TMF N T 470 97131) tem 7-G RFSOLUTION NO, 96-190 SETTINC CURUI OW§ FINAL PLAF, VIcKSBURG APARTMENT COMPANY 87131) rt %jm 7-G R: iOL1ITION N0. 88-191 t, 17. Ai R HN PL ;'MOUTH 81111E CHAPS L 98014) Item 7-H* OPUS CORPORATION INQU; 1Y, TECH W1'S f 55 8711' ) Ttem ''-I J Regtilar Council Meeting Marca 21, 1988 Page 81 the City's Intent t4 resolve parking problems. They will work wath Director Trk nere and Attorne•v shomson tc, draft language which .iould satisfy everyone. They -yould prevert any parking problems through their lease con.racts acid work Nith the City to dare any problem, -tnd take any action a ilnst their tenants if problems would occur rather thar initiate a carp. 0 i om Burke, a' torney for Opus Ce•rpor itlon, state J 0ey Uea icvPd they proved parking was sufficient by meeting tho 60% os that was. the office use of 6 he build ng. Mayor Schneider asked what they would do if their potential solutions di:ln't work. Mr. Essen answered that they *.Pu)ii build the rap If the problem was unsolvable by other means remedy as now stated is too severe. Discussion followed on possible remedies and penalties. Mr. Essen stated they don't object to a covenant on t:•ie preoerty, they tject to the declaration of that covenant and they would like to negotiate the language of that covenant. Dirvetor Tremere stated the issue is the intent end purpose of condition 111. rhe Council has applied that requirement before with the intent of providing formal notice to future property owners that parking needs may be met through canstruction of a rmap, per approved pla^s on file with the City. He suggested the 60/40 is not relevant to the ramp. Attorney Thomson stated the ordinance says the standard for the most Intense use must be applied excluslwely and : isted the citernatives of going back to the 40/601 occupancy which was approved prior to the conditional use ;,ermit or to agree to lAnyuage tha', if the parking problems are not solved the owner of the property may be required to construct the parking ramp pea the plan approved by the City, or to accept the proposition by Opus that it doesn't make sen;pe to require tae psrkinq at alp. If they don't exceed 60% office. The i .tter alternatiN . would effectively eliminate thi need for any covenant since conoitton- al ute p^.rmlts must be f:led at the County. Bob Worthington, Opus Corporation, suggested c eating a condi- t1w that there shall be no parking problem on the site as a condition of the conditional use permit and give them a set time to correct it or revoke the C.U.P. and go back to a 49/60 situa- tion. Attorney Thomson stated the ordinanca could perhaps be evaluated at to the exc:lustvity of the parking requirement for multiple use build,nos. Regular Council Meeting March 21, 1988 Page 82 Councllnwmber Vasiliou stated the problem is that this is too subjective and revocation would be hard to enforce considering the leases that might exist. Discussion continued on what creates a problem and how to gauge it. Director Tremere stated condition Oil is not required by the ordir+ance but stems from a condition the Council put on the resolution. Discussion followed on the present tenant mix, their expansion needs, and lease terms. Mr. Essen said the :)roblem is not an artificial one. Mr. Burke stated the large cost of the ramp is a parking remedy was a problem. MOTION was nade by Mayor Schneider, seconded by Coun^llmember Zitur, to clarify that the Intent of conditon Oil of resolution No. 88-09 is that the Citi shall serve notice to the owner when a parking Frobiem exists and the owner has nine months to cure the problem or else a building permit shall be applied for and Issued and a ramp zonstructed for the parking necessary to cure the problem. Manager Willis stated the site of the building and the C.U.N. for higher office occupancy created the problem. He doesn't think the resolution should be changed though the C.U.P. could be rescinded and the approval could revert to the original 40/ 60% ratio. MOTION was made by Councilmember Zitur to amend the motion to read two months rather than nine months. Potion to amend died for lack of a second. Motion fatted, two ayes. Councllmembers Ricker, Sisk, and Vasiltou voted nay. MOTION was made by Councilmer.rer Ricker, seconded by Councilmem- ber Vasillou, to reaffirm Resolution No. 88-09, cundttion /11, a parking ramp may ba required even though the 60% limit may not he exceeded. This is consistent with the ordinance packing requirements for multiple use buildtne3o Motion carried, three ayes. Mayor Schneider and Councilmember 11tur voted nay. Louncilmember Sisk left thq meettoy at 11:13 p.m. MOTION was made by Councilmember Ricker, seconded by Counu'•lmem- ber Sisk, to adopt RESOLUTION NO. 88-192 APPROVING FINAL PLAT FOR TRAMMELL CROW C04PANY FOR PLYMOUTH FREEWAY CENTER 41H is ADDITION (88013). RESOLUTION NO. 83-19? rROUTF FREEWAY CENTER 4TH W913) Item .?-:)" a- Regular Council Meeting March 21, 1988 Page 83 Notion carried on a Roll Call vote, five ayes. MOTIbN was made by Councilmember Ricker, seconded by Councilme.m- RESOLUTION N0. 88-193 ber Sisk, to adopt RES01 UTION NO. '3-193 SWINGING CONDITIONS TO 5 , f, CONDI T IONS OF MET PRIOR TO FILING OF' AND RELATED TO FINAL PLAT FOR PLYMOUTH FINAL PLAT, PLYMOUTH FREEWAY CENTER 4TH ADDITION FOR TRAMMELL CROW COMPANY (88013), F'RF SWAY CENTER 4TH 8901)) Motion carried on a Roll Call vote, five ayes. Item 7-3* The request to proceed with the Plymouth Creek soccer field was PLYMOUTH CRE'E'K d%ferred until after the joint commission/Council meeting. SOCCER FIELD Item 7-K MOTION was made by Councilmember Vasillou, seconded by Council- ORDINANCE NO. 88-11 member flicker, to adopt ORDINANCE NO. 88-11 RELATING TO PUBLIC VXRD WASTE COLLFCTFON HLALTH, THE V MOVAL OF YARD WASTE AND AMENDING SECTION 600 Of' SYSTEM 1HE PLYMOUTH CITY G6:'4.. Item 7-1. Motion tarried on a Roll Call -,3te, four ayes. MOTION was made by Mayor Schneider, seconded by Courrcilmert.ner Zltur, dirt%rting staff to call Waste Tech to ask that they dis- c„aitinue 14vert1sing that all materials they pick up are recyc led. Notion carried, four ayes. Sand of Randy's Sanitation asked what will happen to haulersYPP who don't comply r ith the ordinance. Director Moore answered that haulers who don't submit a plan will not be licenteo+. Manager Willis stated tht- amendment would gave the park director con rol over the hours of operation and the placement of signs. Cog1neilmomher Vasillou stated her conccrn is that the ordinance b%' ..:,nslstent. She wants to knew when hours are a problem in a parr and nog leave the cha++ge up to the park director. MOTION was made by Cauncilmember Vaslliou, seconded by Mayor ORDINANCE N0. 88-12 Schiielder, to adopt ORDINANCE N0. 88-12 RELATING TO PUBLIC.1 tK7 SAFETY AND THE HOURS OF OPERATION FOR PUBLIC PARKS AND BEACHES Item 7-M AND AMENDING SEL'TION 80 e07 OF THE PLYMOUTH CITY CODE. MOTION way made by Mayor Schneider, seconded by Councilmember Litur, to 4owuiid the ordinance by deleting Section 1, making Section ' Section 1, making Section 3 Section 2, and making the City Matagar or his designee re3pon3lb1b for posting of hours and enforccment. Regular Council Meeting March 21, 1988 Page 84 Motion to amend carried, four as -es. Motion as once amended carried on a Roll Call vote, Yfourayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION N0, 88-.04 ber Sisk, to adopt RESOLUTION N0, 88-194 INSTALLATION OF STOP S - SICV'.j. Item 7-N* hotio!, carried on a Roll Call vote, five eyes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION N0. 88-195 ber Sisk, to adopt RCSOLUTTON N0. 88-195 REQUESTING HEPINEPIN TEMPORARY TRAFFM COUNTY DE D ARTIMENT OF 1RANSPORTATION TO INSTALL TEMPORARY TRAFFIC SIGNAL, C.R. 9 SIGNAL. COUNTY ROAD 9 ANr F'ERNBROOK LANE, CITY PROJECT N0. 764. & FERNBROOK LANE PROJECT 764 Matinn carried on a toll Call vote, f;ve ayes. Item 7-0* NOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION N0. 88-196 ber Sisk, to adopt RESOLUTION NO. 88-196 ORDERING PUBLIC HEARING ORDERING NEARING ON THE PROPOSED VACA1;0t: OF DRAINAGE AND UTILITY EASEKENTS AND EASEMENT VACATION DP..IINAGE EASEMENTS FOR PONC114G PURPOSES OUTLOT 0 PARKERS LAKE GdTLOT 0, PARKERS NORTH 2ND ADDITION for April 18, 1988 at 7;30 p.n. LAKE 2NU AI?UN, Item 7-P* Notion carried on a Roll Call vete, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION N0. 88-197 ber Sisk, to edopt RESOLUTION N0. 88-197 AUTHOR:ZING AGREEMENT AGNEENERT FOR rIRXC FOR ENGINEERING SE3VICES FINAL DESIGN AND CONSTRUCTION PLANS, DESIGN & PLANS T,he 494 FROM CARLSON PARKWAY TO :,As 55, :,TATE PROJECT N0. I-494, PRO;+ECT 250 51'785-8806, CITY PROJECT N0. 250. Item 7-9-1* Mutfon carried on a Rolt Call vots, five ayes. NOTION was made by Councilmembee Ricker, seronded by Councilmem- RESOLUTION N0. 89-198 ber Sisk, to adopt RESOLUTION N0. 88-198 AUTHORIZING: AGREEMENT AGREEMENT MR FOR EHGINEERING SERVICES, FINAL DESIGN AND CONSTRUC1I014 PLANS, Of SIGN d PLANS T.H. 494 FROM CARLEON PARkW%Y TO T.H. 55, STATE PhuJECT N0. I-^,949 !PROJECT 250 SP2705-8806, CITY PROJECT N0. ;50. Item 7-Q-2" bt ion cat r led on a Rn i l Cal i vote, f 1- a ayes . IWTTON was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO, 88-199 ber ,.1%k, to adopt RESOLUTION NO. 88-199 APPROVING CHANRE ORDERMW MER 0. 4— a NO. 49 ZACHARY LANE WATER TREAIMENI PLANT, CITY PRUJEC( NO. 431 WATER TREATMENT PLANT by a%& ng $4,950.65. PR03LCT 431 Item 7-R* Motion carried on a Rol! Lail vote, five ayes. MOTION was made by Councilmembee Ricker, seconded by Councilmem- RESOLUTION N0. 88-200 ber W .A. t-) adol,t RESOLUTI oN N0, 88-200 APPROVING CHANCE ORDER N0. 11 CLEA-MAG, REPAIRING, AND PAINTING PLANT WA1E6 TOWER by PLANT WATER TOW('R adding $9,980. Item 7-S-1* Regular Council Ileetinr March 21, 1988 Paye 65 Notion narried on a Nell Call vote, five ayes. MOT14;! wa! made b Councllmember Vasillou seconded b Council - member .l. Nir, to adopt RESOLUTljN 140. 88 .201 REQUEST FOR PAvM1ENf N0, 4 AIS';, Firini., CLEANING; RE:PAIRINC AND PAINTING PLANT WATFR TOWER in the amount of $18,354 to Teviyer Coating, Inc. Katlen married on a Roll Call vote, four ayes. MOTION was .rade by Counrilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION N0. 89-202 ACCEPTING REPORT, ORL4ERIMG :APROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS STEEPLECHASE ADDITION S'oEF:T AND UTILITY IMPROVEMTENTS, CITY PROJECT N0. 81'j. Mution carried on P Roll Call vote, five ayes. NOTION was made by Counc i lmember Z i to r, •-econded by Counc i lmem- bAr VUiltou, to adept RES3LU1'ION NJ. 88-203 DECLARING ADEQUACY OF HtTIfION AND ORDERING PREPARATION OF REPORT, PRJPOSEG DUNKIRK MEADOWS ADDITION, STRFE( AND UTILITY IMPROVEMENTS, CITY PROJECT N0. 817. Notion carried nn a Roil Call vote, four ayes. NOTION was made ty Cousecilmember titur, seconded by Councila sm- ber Vasillou, to adopt RES01_01OW NO. 88.204 APPROVING ENGINEER- ING SERVICES AGREEMENT, DUNKIRK MEADOWS IMPROVEMENTS, PROXCT 8176 hotlor carried on a Poll Call vote, four ayes. MOTION was mode by Council -member Pinker, seconded by Councllmem- ber Sisk, to adL-t REEOLOTION NO. 8P•205 ORDEHI4& PREPARATION OF PRELIMINARY REPORT, WEST MEDICINE ..',(E DRIVE/F.IGM;WAY SS FRONTAGE. ROAD IM PWOVENENTS, CITY PRO"ECT N0. 816. Notiooi carried on a Roll Call vote, five ayes. K.1 ION was made by Councilmember Ricker, seconded by Counctlmem- bcr 51.3k, to adopt RESOLUTION N0. 88-206 AUTHORIZING RELOCATION CONSULTANT, CITY VROJFCT N0. 648, GROVES OFFICE PARKi:OTH AVENUE/SOUTH SNORE DRIVE STWEET AND UTILITY I?vni!OVENFNTS. Not lan carried on a Roll Call vote., five ay.r. MOTION was rude by Coun„tlmember Ricker, seconded by Counellmem- bmr Sisk, to adopt RESOLUTION H0. 68-E07 REDUCING DFVE!OPMENT BOND, DEERWOOD ESTATkj PLAT TWO (A -?84) to $0. Notion carried vo a N, -)ll gall vote, five ayes. 0 RESOLUTION NO. 88-201 NO. 4 6 FINAL PLANT WATER TOWER Item 7-S-2 RESOLUTION N0, 98-2042 ONCERIAP, PLANSTWS STEEPLECHASE ADDITION PROJECT 813 Item 7-T* F: JOLUT ION NO. 88-20."P TOW NG REPORT DUNKIRK MEADOWS aRO E!.T 817 item 7 •-U RESOLUTION NG. 88-204 NOWMINC SEAVRE9 DUNKIRK MEADOWS PROJECT 817 Item 7-U SOLUTION N0. 88-205 615ERING WORT, MEDICINE LAKE DRIVE FRONTAGE ROAD IMP. PROJECT 816 Item 7-V* RESOLUTION N0. 88- M6 STREET 8 UTILITY IMP. PROVES OFFICE PARK PROJECT 60 Item 7-0 RLSOLUTION N0. 88.207 BOND PMOMUN DEERWOOD ESTATES PLAT TWO (A -7j°4) Item 7-X-1* Pegular Council Meeting March 21, 088 Page 86 MOTION was made by Councllmember Ricker, seconded by rouncilmem- Sber Sl!k, to adopt RESOLUTION NO. 88-208 REDUCING DEVELOPRENT BOND, JEERWOOD ESTATES PLAT THREE (A-784) to $0. Notion carriad on a Role Call vote, five ayes. MOTION was mace by Counc'.lmember Ricker, seconded by Counclimem- bOr Sisk, to adopt RESOLUTION NO. 88-209 REOUCING DEVELOPMENT BOND, DEERWOOD ESTATES PLAT FuJR (A-784) to $0. Motion carried on a Roll Call vote, °Eve ayes. MOT ION was made by Coune.imember ric:ker, seconded by Co,in.,i )mem- ber Sl3k, to adopt RESOLUTION N0. 88-210 REDULING JEVELOPMrNT BOND, LAKE PARK HLIGHTS ADDITION '85089) to $1:,435. Notion carrted on .a Roll Call vote, five ayes. MOTION was made by CoLnrllmember RicKU.. seconded by Counctlmem- b^r Sisk, to replace staff oehicle No. 420. Motion carried, five ayes. MOTION was made by Cou"llmeakar Rickfrr, secrnded by Councilmem- ber Zitur, to adopt RESOLUTION N0, 88-211 AUTHORIZING SCHOOL DISTOICT USE OF CITY OPTISCAN VOTING EQUIPMENT amending (e) to read the school district will cavey an addendum to their insc.r- ance policy to cover the costs of any equipment that is lost, tolen, or damaged. Notion carried cn a Roll Call vote, pour ayes. MOTION was made by Councllmember Ricker, seconded by Covnc:1mem- be3r Sisk, to adopt RESOLUTION NO. 88-212 APPROVING APPROPRIATION TRANSFERS FOR PARK PROJECTS. Motion carried on a Roll Call vote, five ayes. MOTION was Made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION N0. 88-213 AUTHORIZING SUBMISSION OF CITY OF PLYMOUTH GRANT APPLICATION TO HENNEPIN rOUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLNX GRANT APPLICATION FOR YEAR XIV. Motion carried on a Roll Call vote, five ayes. Manager Willis described the amounts of the grants incurred by people using the program and showed a map of the areas where residents received assistance. Mayor Schneider stated he has no problem with the income limits but has some concerns with the $10,000 grant amount. That Is too much for a single dwelling. The amount should remain as it Is* RFSOLUIION NO. 88-208 BPND REDUCTION ULERW00D FS f ATf'S PLAT THREE: (A-784) Item 7-X-2# RESOLUTION N0. 88-20Y BOND REDUCTION DEERWCOU ESTATES PLAT FOUR (A-784) Item 7-X-3• RESOLUTIONION NO. 83-210 G REOR (ION LAKEPARK HEIGHTS 85089) Item 7-X-4* REPLACF. kF.N1 VEHICLE UNIT 420 Item 7-Y* RESOLUTION M09 86-21.1 A HOR i I -19-0C OF ELECTION EOIlIPMENT Iter+ 7-Z RESOLOTION N0. E8-212 Item 7 -AA• RESGLUTION N0. 88-213 YEAR XIV FUNDS Item 7 -Bfl+ REHABILITATION GRANT LINTS Item 7 -CC Regular Council Meeting March 21, 198H Page 87 MOTION was made by Mayor Schneider, seconded by Counrilmemher Ittur, to adopt RESOLUTION NO. 88-214 F S ;_i1 USHME N 1 OF HOMI IMPROVEMFN f GRANT PROGRAM INCOMU LIMITS AND GRANT 1. IMI f S (GR f HE CDHG PROGRAMS, YEARS XIII AND XIV leav,sig the maximum grant amount per household at $8,250. Director Tremere stated that, if the maxi„::;» amount is not raised, it Is likely less Items will be donee under the grAht because of inflation. Councllmember Vastliou stated her idea of they program was that It would Include residents who were retired or dlsabled. Director Tremere staled It doei Includes these but also any others who income qualify. NOTION was made by Counc 1 !member Ricker, to amend to ra l se the grant amount to 510,000. Motion Palled for lark of a second. Motion carried on a Roll Call vote, four ayes. REPORTS OF OFF ICLRS, BOARDS AND COMMISSIONS MOTION was made by Mayor Schneider, seconded by Councilme'mber litur, to accept the report on result% of extension of City's Risk Management Program. Notion carried, four ayes. Council asked that the Manager's legislative update be put on the March 28 agenda as the first Item. OTHLH BUSINESS MOTION was made by Counctlmembe r litur, seconded Schneider, that staff develop a report on problems of Xenlum Lane to Northwest Boulevard to Include items of with Mark McCullough and analysizi of each with they Inconvenience of each. Motion carried, four ayes. by Mayor extending agreement cost and MOTION was made by Councilniember Va31ltOU, seconded by Mayor Schneider dtrectiny that a flag be flown at Parkers lake Park or the light be sh%lt Offs Motion carried, four ayes. The meeting adjolirned at 12:10 a.m. OL City Plorw RFSOLUTION NO. 88 714 PROGRAM LIMITS WARS XIII AND X I V Item 7 CC RISK MAN AGE MEN T PROGRAM Item 8-A LEGISLATIVE UPDATE Item 8o