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