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Home My WebLink AboutCity Council Minutes 07-11-1988 SpecialMINUTES SPECIAL COUNCIL MEEtING JULY 119 1988 A special meeting of the Plymouth City Zouncil was called to order by Mayor Schneider at 7:35 p.m. in the City Council Chambers of the City Centro r at 3400 PlMc.tth July 11, 1988. PRESENT: Mayor Schneider, Councilmembers Ricker, Sisk, Zitur, and Vasiliou, City Meo,ager Willis, Assistant City Manager Boyles, Planning Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Rauenhorst ABSENT: None, CONSENT AGENDA Agenda Items 6-N, 6-0, and 6-Q were added agenda. MOTION was made by Councilmember Sisk, seconded titur, to approve the consent agenda as amanded. Notion carried on a Aoi.l Call vote, five ayes. MI14UTLS to the consent by Councilmember MOTION was made by Councilmember Sisk, seconded by Councilmember Zltur, t., approve the minutes of the 3une 27 Special Council Meeting. Motion carried on a loll Call vote, five ayes. PETITIONS, REQUESTS AND C014MUNICATIONS Director Tremere presented the request of Hans Hagen Homes for rezoning, Planned Unit Development Preliminary Plan/Plat, and Conditional Use Permit for Hartor Place licaced at Harbor Lane and County Road 15 (87124). He stated that the Planning ComMission did not feel that staff concerns were sufficient to warrant revision of the request; however, Condition No. 10 has been added to the res lotion requiring appropriate legal documents to be filed with th.& 01ral plat establishing a covenant speWying the minimum yard setbacks for yach lut per the approved final Planned Unit Development plan. Director Tremere noted that the recomRendatlon is for side yard setbacks of S ft% with a mininkm of 15 i't, betwee dwellings. This Is a departure from the Council's practice of allowing a reduced side yard setback to a minimum of 10 ft. on each site. CONSENT AGENDA Teem 4 MINUTES Item *5 Hans Hagen flumes Harbor Place Item o -A Soecial Council Meeting July 11, 1988 Page 179 Hans Hagen, 2353 :forth Rice Street, St. Paul, questioned portions of the Engineer's Memorandum on this project. Mr. Hagen stated that he has no problem with providing drainaje easements, as outlined In Itemi 6, as long as the easements are ort his property ;sly. He questioned Item 15 providing for dedication of 10' alt.:,g Harbor Lane to allow for a 50' street, ano requiring completion o" Harbor Lane youth to County Road 15. He stated that ti-- project cannot afford this construction ano,' questioned the viability of beiny required to construct only half the street now. He suggestcJ delaying installation to coincide with total street cunstructlor. . Direo.tor Moore stated that Item 6 of the Engineer's 4emurandum refers to 6' and 10' easerients required accordlkiq to the subdi%lsiun ordinance. If the drainage plan remains as lnai(.a:rd, easements for drainage will be necessary. Sherm Goldberg. 121j: 48th Avenue North, stated that it may be possible for the petitioner to redirect drainage this avotdinq uhe need for additional drair age easements. This will be addressed during design consideration, Director Moore el:plalned that the required 10' dedication will make the street a total width of 50'. Thio is consistent with toe other parcels along Harbor Lane tl.at also dedicated 10'. He stated that In 1985 the Councii made the decision that Fernbrook Lane would be designed as 7 -ton and 32' wldp rather than the standard 36'. This would not be eonstr-eted as .j public Improvement project, buy would be required as Fart of future abutting developments. This petttioner is requited to construct concrete curb rrd gutter and half of the 32' LtrePt Immediately adjacent to the plat. Mr. Hagen again stated t;.at the project cannot afford the required street construction. Councilmember S!sk stated that a number of years ago the Council made a decision to standardize side yard setbacks in Planned Unit Developments at 10', which Is 5' leas than the ordinance standard for Conventional plats. He was concerned about changing this standard without some documented reason. ouiicllmember Vaslllori n...od a Council history of departure from the Planned Unit Development ordinance standards. Mr. liacen stated that thc, departure from the 10' minimum IS to maximize the number of units for economic reasons, as oell att making the 6eveiopreat attractive. Il e Ncc jest cannot proceed unless the requested setback Is allowed. Specia' Council Meeting July It, 1988 Page 130 MOTILIN was made by Counici lmember Vast _ tou, seconded by Counci'member Zitur, to adopt a resolution ipprovinq tic Residential Planned Unit Development, Preliminary P1anlP.lat and Conditional Use Permit, and an ordinance approv!nq rezoning for Harbor Place. E MOTION to amend wa:. matte by Mayor Schneider, seconded by Councll aember Sl:k, to amend the main motion to require a 10' mlnimua. side yard setback on each site. Motion to amend carrieu; Sisk, Ricker and Schneider ayes; Zitur ant: Vaslltou nays. At the cegjezt of the pet boner, MOTION was rade by Councllmember Zitur, seconded by Councilmember Vasiliou, to table the requests for Harbor Place (871.241. Motion carried, five ayes. MOTION was made by Councllmeeiber Sisk,, Zitur, to adopt RFSULUTTON NO. j8-385 CONDITIONAL USE PERMIT FOR PATRICK FERNBROOK MANOR" (88019)o seconded by Councilmember APPROVING SITC PLAN AND GOFF, G01 -F F'OMLS FOR Motion carried cn a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, Zitur, to adopt RESOLUTION NO. 88-396 88-96 APPROVING THE PRELIMINe.RY PLAT HOMLS FOR "FERNBROOK MANOR" (89019). seconded by Councilmember AMENDING RESOLU110N N0. FOPP, PATRICK GOFf-, GOFF Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by CounctImember ZItur, to adopt ORDINANCE NO. 88-30 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS AT THE SOUTHWEST CORNER OF VI.XSBUR LANE AND COUNTY ROAD 9 AS R-2 (LOW DENSITY MULTIPLE RESIUENCL) DISTRICT. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded Zitur, to adopt RESOLUTION NO. 88-387 SETTING MET PRIOR 10 PUBLICATON OF ORDINANCE REICNING THE SOUTHWEST CORNER OF VICKSBURG LANE AND 88035). Motion carried on a Roll Call v(%te, five ayes. by Councilmember CONDITION TO BE LAND LOCATED AT COUNTY ROAD 9 RESOLUTION NO. 88-385 TIONAL USt Nt_NMIT FOR PATRICK GOFF, FLRN- BROOK hANOR (880191 Item 'F -B RESOLUTION 40. 88-386 THIMY PLAT, PATRICK GOFF FERNMOOK MANOR 88019) Item *6 -f: OPDINANCE N0. 88-30 REZONING PROPERTV 'T VICKSBURG AND CCR, 9, WAYZATA SCHOOL DISTRICT 284 Item *6-C RESOLUTION N0. 88-387 SFTTING CONDITION- -T0 BE MET PRIOR TO PUBLICATION OF REZONING ORDINANCE Item *6-C i Special Council Meeting July 11, 19N8 Page 181 MOTION was made by Count-ilmember Sista, seconded by Councilmember titur, to adopt RESOLUTION N0, 88-388 APPROVING PRELIMINARY PLAT ND CONDITIONAL USE PERMIT FOR AL TE RA 113N OF '.41 F LOODWAY SEC`ION FOR WAYZATA SCHOOL DISTRICT #284 FOR WILLOW MLADOWS SECOND ADDITION (0C1i). Motion carried on a Roll Call vote, five ayes. MOIION was made by Councilmember Sis', seconded by Coijncilmember l,itur, to adopt RF,SOLUTION NO. 88 J89 APPROVING SITE PLAN AND A CONDITIONAL USE PERMIT FOR A SCHOOL IN AN R-4" /ONE_ (88035), Motion carried on a Roll Call vote, five dyes. NO'ION was made by Councllme.mber Sisk, seconded by Counclleiember titer, t) adopt RESOLUTION NO, 68-3090 APPROVING A CQ3UITIONAL USE PLNFIIT FOR STUART I RICKSON 10 OPERATE A CLASS IT RESft1URAN1 AT THE OAKWOOD SHOPPING CGNTER, 1400 HIGIiWAY 101, (88055). Motion carried on a Roll Call vote, five ayes. Kevin VonR;Pd%-", McCombs-Frank-Rons. explained the proposed rebidential Manned Unit Development Concept Flan for Wally Ander!nn, ARADCO, Inc., for property In the nurlhwtst quadrant of I-494 and County Road 9, east of Fernbrook Lane (88015). He stated that this proFosal is a redeslgn from C. previous proposal. The plan fo; this site consists of 22 detached single family units, 112 attacl ed single family units, and 152 units of multi -family attaehei on a site of 54.5 acres. Director Tremere e::p,ained that the ratio between multiple and 31,1gle family uniti has been changed and an additional bonus point is no lonqer needed. Mayor Schneider expressed his r,onrern of trInlmizing the loss of trees. MOTION was made by Councl!momber Sisk, seconded by Councileember Kicker, to adopt RESOLUTION NJ,, 88-391 APPROVING RESIQLtiiiAl. PLANNED UNIT X V7LOPMEN 1 CONCE P f PLAN FOR WALLY ANDERSON, AAADCO 88015). MOTION to anend was made by Mayor Schneider, secondel by Councilmember Sisk, that the preliminary plat and plan shall Include detailed analysis of where trees are to be protected anti saved. Maximum effort is expected by the use of retaining walls or other means to save the mati:re trees on the site, e`oeciatly that area north and easterly of Berkshire Lane. Further, staff shall incorporate with the Final Plat and Development Contract the Provision for Tree Protection providing for payment of $50 per diameter inch and for a $50,000 bond. Motion to amend carried, five ayes. RF*S/)LUTION NC. 88-388 rtiE L M Yom. Y jD CONDITIONAL 119 Pf HM I 1 WAYZA T A SCHOOL. DISTRICT 284 Item *6-C RES111-UT ION NO. 88-389 CONDI T ION& USF. Pr RMI T WAYI A T A SC.H001, DISfRICf 284 Item *6-C RESOLUTION N0, 98-390 CORDITIONAC Or PnTUT STUART FRTCKSnN, OAKWOOD SQUAR1 SHOPPHG CF N : E R Item •6-D PUD CONCEPT PLAN AND COMPREHENSIVE PLAN AMENDMENTS, !88015) WALLY ANDERSON, ARADCO Item 6-E RESOLUTION N0. 88-391 A PLANNED UNIT DEVELOPMENT CONCEPT PLAN WALLY ANDERSON, ARADCO Item 6-E Special Council Meetin-S July 11. 198b Page 182 01rector Moore noted there may be a future problem 1f, as the petitioner requests, accesx is dllowed to Berkshire Lane fer model home access, as mentioned by Mr. VonRledel; the Lngineer's Memorandum prohihits such access. Main Motion as amended carried on a Roll CaIA % :ate, five ayes. NOTION was made by Councilmember Sisk, seconded by Ctpu.tciln%mbpr, Ricker, to adopt RESOLUTION NO. qli- 392 APPROVING CUHPRE1iLh *A VE. PLAN AMENDMENTS FOR WALLY ANDERSON, ARADCO (88015). Notion carried on a Roll Call vote, five ayes. Director Tremere presented the staff report on the request of Graham Development Company for approval of reslden;ial Planned Lkkit Development Concept Plan for "Bass Lake Hills" at the skottheast corner of County Road 47 and I-494 (88060). He explained that when development to the east was approved, a parcel extended to the west side of the known alignment of County Road 61. This triangular parcel was of no value to the developer at the time. That parcel was deeded to the City at no cost with the intent that when the land to the west was developed, it would become part of that de:velipment and be deeded to the developer for no financial consideration. This will be lncludec; as open space and ponding on the site. Mike Gair, Graham Development Company, explained the proposed developient for 395 residential dwelling units on a parcel of approximately 75 acres. David Carlin, CSM Corporation, described the mix of single and multi family housing dnd proposed rents. Rid Labat, 5560 Qulnwood Lane, noted concern or the additional traffic generated by this development relative to County Road 61, its connection with County Road 47, and its ultimate connection with County Read 10. Mr. Labat's major concern was the lack of usable open space in the proposal. Councilmembar Sisk questioned whether the proposal contains prover amenities for a Planned Unit Development considering the size of the development. NOTION was made by Counctlmrmber Vasiliou, seconded by Couneilmember Ricker, to adopt RESOLUTION NO. 88-393 APP"OVING A RESIDENIIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR GRAHAM DEVELOPWNI/CSN CORPORATION (88060). RESOLUTION N0. 88-j92 APPROViRG :- SIVE: PLAN AME'NDMF.NTS WALLY ANDFRSON, ARAnCO Item 6-F: PLANNED UNIT DEVELOPMENT CONCEPI PLAN, BASS LAKE HILLS I -49t AND C.R. 47 88060) Item 64 RESOLUTION N0. 88-393 at'ANNIED URTT DEVELOPMENT CONCEPT PLAN, GRAHAM CE:VFLOPMENT (88060) Item 6-F r Sp"Ial Council Meeting Oulu 11, 1988 Page 183 NOTION to amend was made by Mayor Schneider, seconded by Cotincilmember Vasiliou, to add a condition that there shall '),,% onL or more tot lots and/or play areas centrally located amongst the townhouse units. Notion to amend carried, five ayes. Counclimember Vas1110U suggested that further demographic Information be provided at the next stage of development so that open space needs can be better defined. NOTION .o amend was made by Mayor Schnell.. r. seconded by Councilmember Zitur, to add a condition that the Preliminary Plat and Plan shall include detailed analysis of where trees are to be protected and saved. Maximum effort is expected by the use of retaining walls or other means to save the mature trees on the site. Further, staff shall Incorporate with the Final Plat and Development Contract the Provisions for Tree Protection providing for payment of $50 per diameter Itch and a $50,000 bond. Notion to amend carried, five eyes. Motion as twice amended carried on a Roll Call vote, fire ayes Mayor Schneider called a 5 minute recess. The meeting reconvened at 9:35 p.m. NOTION was made by Councilmember Sisk, seconded by Councilrember titur, to adopt RESOLUTION NO. 88-394 APPROVING LOT DIV ISION/CONSOLIDATION FOR RYAN CONSTPUCIION COMPANY (88073) for property at 51st Avenuc North and Nathan lane. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 88-395 SETTING CONDITIONS TO 9E MET PRIOR TO FILING AND REG&RDING LOT DIVISION/CONSOLIDATION FOR RYAN CONSTRUCTIOd COMPANY (118073) . Notion carried on a Roll Call vW , five ayes. MOTION was made by Counciimember Sisk, seconded by Couriollmember Zitur, to adopt RESOLUTION NO. 88-396 APPROVING REVISED STYE PLAN, CONDITIONAL. USE PERMIT AMENDMENT AND VARIANCE FOR A CANOPY FOR AMOCO OIL COMPANY AT 3955 VINEWOOD LANE (88074)6 Notion carried on a Roll Call vote, five ayes. i;:..SOLUTION NO. 88-394 LOT DIVTSTM/ CONSOLIDATION, RYAN CONSTRUCTION (88073) 51ST AVENUE NORTH AND NATHAN AVENUE Item "6-G RESOLUTION N0. 88-395 0 BE NET PRIOR TO FILING 88073) Item "6-G RESOLUTION N0. 89-396 av v va. . %....., CONDITIONAL USE PERMIT AMENDMENT AND VARIAWE AMOCO OIL COWANY 89074) Item *6-H Special Council Meetlag July 11, 1988 Page 184 MOTION was made by louncilmember Sisk, seconded by Councilmember RESOLUTION NO. 89-397 LItur, to adopt RE SOLUTION NO. 81s i37 DECLARING H 114DINC OF NO FINDING OF NO YMR NEtD FOR AN ENVIRONMENTAL IMPAC r S I A TE.MEN T (FIS) BASED UPON ThL. F'NVIRUNM[.NTAL IMPACT REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHIET (EAW) DATED MAY STATFWNT, HARRISON 179 1988 FOR HARRISON HILLS PONDS PROPOSED BY HEW-LYN, INC./FAC HILLS PONDS (87109) DEVELOPMENT CORPORATION (87109). Itoom *6-I Motion carried or. a Roll Call vote, five aye`. MOTION was made by Councilmeonber Sisk, secunded by Councilmlcmber RESOLUTION N0. 88-398 litur, to zdopt RESOLUTION NC. 88-398 AUTHORIZING THE MAYOR AND AUTHORIZING DRIVW CITY CLERK TO GRANT A DRIVEWAY EASFNE41 ACROSS OUTLOT A - E'AaFWNT, MEDICINE MEDICINE LAKESdORF AUDITION. LAKESHORE ADDITION Item ;6-3 Motion carried on a Roll Call vote, five ayes. MOKON was made by t:"acilmember Sisk, seconded by Councilmemb!r RESOLUTION N0. 88-399 liRur, to adopt R4:SOLUTIO4 NO. 88-399 AUTHORIZING CORRECTION TO MCC' F FINAL PLAT OF GROVES OFFICE PARK ADDITIM PLAT OF GROVES OFFICF PARK ADDITION Motion carried on a Roll Call vote, five ayes. Iten. •6-K NOTION was ;Rade by Councilmember Sisk, secondee, by Councilmember RESOLUTION N0. 88-400 Zitur, to adopt RESOLUTION N0. 88-400 APPROVING AND AUTHORIZ,AC AUTHORIZING NO PARKING THE PLACEhENT OF NO PARKING SIGNS ON HARBOR LANE. ON HARBOR LANE Item •6-L Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO4, 88-401 Zitur, to adopt ^`SOLUTION NO. b8-401 DECLARING ADEQUACY Of ORDFRIPTG _TETW PETITIM AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - STREET LIGHTING - CATES PLYMOUTH CREEKSIDE ESTATES. CATES PLYMOUTH CREEK - SIDE ESTATES ADDITION Notior carried on a Roll Call vote, five ayes. Item •6-M MOTION was madf, by CounclImember Sisk, seconded by Councilmember RESOLWON N0. 88 402 Zitur, to adept RESOLUTION NO. 88-402 RECEIVING REPORT AND wcnvr RE"P61r, ORDERING PR0XXT, STREET LIGHTING - CATES PLYMOUTH CREEKSIDE ORDERINu STREET ESTATES. LIGHTING - CATES P! YMOUTH CRE:EKSM Potion carried or a Roll Call vote, five ayes. ESTATES ADDITION Item •6-N MOTION was nude by Counc:itmamber Sisk, seconded by Councilmember ORDINAP:E N0. 88-31 Zitur, to adopt ORDINANCE NO. 88-31 A14ENDING SUBSECTION 1155.15, ALARM UsrMwTT7EEs SUM 1 OF THE PLY140UT14 CITY CODE (ORDTNAHCC NO. 88-13) RELATING Item "6-N TO WAIVER OF ALARM USE PFRMIT FEE FOR NEW ALAnM SYSTEMS. Motion carried on a Roll Call vote, five ayes. I Special Cour.ci t Meet inq July 11, 1988 Page 185 MOTION was made by Councilmember Sisk, seconded by Cotencilmembor Zitur, to adapt ORDINANCE N0. 88-32 RELATING TO TRAFFIC, MOTOR VEHICLES AND OTHER VEHICLES: ADDING SUBSECTION 1305.02 AND AMENDING SIlfi:,ECTIONS 1305.01 and 1305.03 regarding traffic control. Notion carried on a Roil Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmembpr Zitur, to adopt RESOLUTION NO. 88-403 REDUCING DEVELOPMENT BOND FOR QUAIL RIDCE OF PLYMOUTH JRO ADDITION (87133). Motion carried on a Roll Call vote, five ayes. MOTION was grade by Councilmember Sisk, seconded by Councilmewiber titur, to adopt RESOLUTION NO. 88-404 APPROVING LAWFl1. fAMFA-ING EXEMPTION FOR PLYMOUTH CHAPTER OF DUCKS UNLIMITED for a raffle to be held on September 14, 1988. Motion carried on a Roll Call vole, five ayes. Director Tremere stated that she: Board of Zoning Adjustments denied a request by Jerome Begin, 5590 Juneau Lane Nortt. for variances from the Shoreland Nanagement District standards and the minimum front yard setback standards. The petitioner is appealing the Board's ruling. Sherm Goldberg, 12115 48th Avenge, presented the appeal request. The property was purchased by Begin in 1975, at which time the Shoreland Management requirements did root exist. He stated that without the Shoreland Manaoement variance, a hcuse cannot be put on the lot. Mr. Goldberg stated Lhat the petitioner is willing to forego the front yard setbac' variance. ouncilmembcr Vasiliou stated that this willingness to drop one 0 the variance .equebt3 was not availaole to the Eoard of Zoning Adjustments and Appeals. The Mayor stated the revf•,ed request should be considered by the board. Councilmemher Vasillou stated the Board is scheduled %o meet the next evening and she is the Council Coordinating Representative to the Board. MOTION was made] by Councilmember Sisk, seconded by _'nuncilmember Ricker, to refer this request to the Hcard of Zoning Adjustments and Appeals for review at their July 12 meeting w'th the additional Information about the revised request presented. MOIIOA to amend was We by Mayor Schneider, seconded by Cuuncilmember Zitur, that, if the request is not approved by the Board, the matter will he placed on the July 1P City Council agenda. ORDINANCE N0, 88-32 R SEWS AND COMMUNITY SERVICE OFFI RS DIRECTING TRAFFIC Iterr "G -C RESOLUTION N0. 88-403 BORD RVD FOR QUAIL RIDGE OF PLVAOUTH 3RD ADDITION 87133) Item *6-P RESOLUTION N0. 88-404 PLYHOUT11 CHAPTE u OF DUCKS 1'4L INT TCD Item *.-Q APPEAL OF BOARD OF i0hING RULING DENYING VARIANCES, BEGIN PROPERTY, 5590 JUNEAU LANE Item 6-R Special Council Neeting Juiy 11, 1988 Page 186 bition to amend carried, five eyes. Main nation as mended carried, five eyes. Manager Willis answered questions relative to the sprinkling ban. Counclimaember 7itur requested that staff contact Northwest Business CamFus regarding eXcessive use of water. In response to a resident concern presented by Councilmember VtAaiilou, Director Moore stated he will contact Mr. Kreatz, County !toad 6, regarding questions on a bicycle lane and reseeJing, as well as notifying the County of eseeding needed. Director Moore reported that staff has investigated several homes for test installation of a pump in the Imperial Heights area. By duly 18 a decision will be made on where the installation will occur. Director Moore reported that effective 9uly 6 the water treatment plant was operational manually, with water from Wells 8 and 9 going throeigh the plant for filtration. The estimate for substantial completion of the treatment plant is August 1. Counillmember Ricker reported that the NLC has voted to proceed with the suit constitutionality of the new tax bill, which increase in dues. Board of Directors challenging the will necessitate an Councilmember litur suggested the scheduling o meeting for discussion of miscellaneous items will contact the Clerk with agenda items which to the Mayor. The meeting will be called discretion. The meeting was adjourned at I0:15 p.m. t f a Council study Councilmembers will be forwarded at the Mayor's A -4-L% . A REPORTS