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HomeMy WebLinkAboutCity Council Minutes 08-22-1988 SpecialMINUTES rbF[C AL COUNCIL MEETING AUCUSI ci, to" A spacial meeting of the Plymuuth City Council order by Mayor Schneider at 7:30 p.m. in the Chambers of the City Center at 3400 Plymouth August 22, 19880 was called to City Council Boulevard on PRESENT: Mayor Schneider, Councilmembers Vasiliou, Sisk, 71tur and Ricker, City Manager kvillis, Assistant City Manager Boyles, Planning Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Raueiihorst ABSENT: None PROCLAMATIONS Mayor Schneidar proclaimed "Drive for Life" Day. Mayor Schneider reported on the groundbreakiny cerQmony for Fire Statgon III. CONSENT AGENDA Item 7M was removed from the consent agenda. MOTION was made by Councilmember Sisk, seconded by Councilmembet Zitur, to adopt the Consent Agenda as amended. Motion carried an a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember :+5K, seconded by Councilmember Zitur, to approve the minutes of tht August 15 Reqular Council Neet1ng. Mo,ion carrlet1on a Roll Call vo!e, five ayes. PUBLIC HEARINGS Mayor Schneider opened a {.public hearing on the appllcat!ort of Min -Lar Enterprises, d/b/a Food Basket, 3900 Vinewood lane NI, for an off -sale non-intox[cating liquor license. No orip appearing for the hearing, the hearing was closed. is CONSENT Item 4 MINUH S Item w5 ACFND A OFF -SALF NON-INrOX1CATIN(; I.ICVNSF , MIN -LAR ENTERPRISI"S Item 6-11 Special Council Meeting August 22, 1988 Page 234 MOTION was made by Councilrnember Sisk, seconded by Counctlmember Zltur, to adopt RESOLUTION NO. 88-496 ,APPROVING OFF -SALE NON -INTOXICATING LICENSE 17 OR NIN-LAR ENTERPRISES, INC., FOOD BASKE-Te Notion carried on a Roll Call vote, five ayes Mayor Schneider opened a public- hearing on the vacation of utility and drainage easement on Lot 4, Block T. Ryan Business Center. No one appearing, the hearing was, closed. MOTION was made by Councllmember Zitur, seconded by Councllmember Sisk, to adopt RESOLUTION 88-499 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, RYAN BUSINFSS CENTER, LOT 4, BLOCK 1. Motion carried on a Roll Calt vote, five ayes. Mayor Sahne'der opened a public hearinq on the vacation of 41st Avenue in Willow Meadows Addition. No one apoearinq, the hearing was clospri. MOTION was m.s it 1i, ficll -r-aml)er Sisk, seconded by Councilmember Zltur, to a(luoi ti .vul tt [Oh 0). 88-500 AUTHORIZING THE VACATION OF 41ST AVENIS *[THIN ''fl- A LLOW MEADOWS ADDITION. Motion carries r,n a Roll ill vote, five ayes. Director Tremert, I erted a staff report on the requests of Wayzata School District 284 for preliminary plat, site plan, and conditional use permit for Gleason Lake Elementary School at Highway 101 and 1st Aver%oje North (88036). He noted that the Homeowner's Association would like a security fence around the entire perimeter of the property. Mr. Tremere stated that with this development would come the reconfigtiration of 1st Avenue as well as signalization rpt Highway i01 and 1st Avenue. Stan Tikkanen, Wayzata School District 284, expressed the District's concern of -elocation of lst Avenue and Installation of traffic signals at District expense. He stated that other entities will receive public benefit from these improvements and the cost should be shared. He also stated that the Clstrlct has reached an agreement with the Homeowner's Association on the security fence Installation. Robert Peterson, 335 laland Lane, verified that a verbal agreement has been reached regarding the Pence location. Director Moore stated that she underlying quiding cf the land is LA -1. If the land were to have been developed with stnqle family homes, there would be no need for relocation of lst Avenue or for a s[ynal at the intersection of lst Avenue find Highway 101. Existing Kingswood Farms traffic, does not gener.ite the nee%' for those improvements. A traffic study indicates that RESOLUTION N0. 88-49P OFF -SALE NON-INt_ni1- CATING LICFNSE FOR FOOD BASKET, 3900 VINEWOOD LANE. 01 Item 6-A RESOLUTION N0. 88-499 VACATION OF AS 1°T' LJT 49 RL 1, RYAN BUSINESS CFNTER Item 6-B RESOLUTION NO. 88-500 VACATION Of 4 S A _. TN WILLOW MEADOWS ADD, IUum 6-C WAYZATA SCHOOL DISTRICT 284 (88036) Item 7-A Special Council Meeting August 22, 1989 Page 235 a traffic signal is warrantee' during peak hours because of the proposed use. He stated that In other situations where signalizatton is warranted, this. County pays 25% of the cost. In respelnse to a question by stated that these costs were the prole A; however, ne budgeted for these items. Director !bore stated that that the District would street reconfiguration, and the cost of the slgnalization CG)uncilmember picker, Mr. Tikkanen included In the overall budget for could not determine the amounts previous practice would determine pay the total cost of the recommended City participation In In the amount. of 25%. The Council clarified that the maximum share the City would bear is 25% of the total signal cost, and the remaining 75% would fall upon the District whn could then attempt to get participation from other governmental units. Director Moore stated that when the street Is relocated, the former street property will be sodded, with no berminq, and ownership will revert to the Kingswood Farm abutting properties. MOTION was made by Councilmember Zitur, seconded by RESOLUTION N0, 88-501 49 Councilmember Sisk, to adopt RESOLUTION N0, 88-50: APPHOVtNc PRFLIMINARY LAT PRELIMINARY PLAT FOR WAYZATA SCHOOL DISTRICT NO. 284 (880.36). WAYZATA SCHOOL DISTR[CT 284 (88036) MOTION to amend was made by Mayor Schneller, se'condtd by Item 7-8 Councilmember Zitur, to include In Condition No. 1: "Compllance* with the City Engineer's Memo, except that the City will participate in the cost of signalizatton at 25% maximum of total cost." Motion to amend carried, five ayes. MOTION to amend war, mane by Coun^ilmember Vasillau, secon.'ed by Councilmember litur, to IneIu(ie In Condition 4o. 6 that landscaping be Installed, per th%- agreement between the District and t5e tiomeowne r`s Asso(-iatiun, to Include bprmtn" and sodding; a copy of the .agreement shall be submitted to the City and shall be attached to the site, lmpr )vement performance agreemont." Motto to amend carried, five ayes. Motion ds twice amended carried on a Roll Call vote, five ,Ives. MOTION was made by Counel!member 71tur, seconded by RFSOLUT[ON NO, 48-01. Councilmember Sisk, to adopt RESOLUTION N0, 88-50? APPROVING MNa t t MAETA-t"PMIT 5 T'i f PLAN, CONDITIONAL USE PERM l T AND V 1R I ANCV. 0H WAYI A I A S I TI 101.4N, VAR I ANCI , SCHOOL DISTRICT NO, 284 FOR cLrASON LAKI FtAMINIARY SCHOO1 WiYlA1A S01001- 88036). r•iSlitic'1 ?144 (414016) Item 7-H Special Council Meeting August 22, 1988 Page 236 NOTION to amend was made by Mayor Schneider, seconded by Councilmember Zitur, to include in Condition No. 1: "Compliance with toe City Engineer's Memo, except that the City will participate in the cost of signatizatlon at 25% maximum of total cost.." Motion to amend carried, five ay -.n.. MOTION to amend was made by Councilmemher Vasiliou, sec4•:ded by Councilmember Zitur, to include in Condition No. 10 than landscaping be installed, pir the agreement between the District and the Homeowner's Association, to Include berminq and sodding; a copy of the agreement shall hP submitted to the City and shall be attached to the site improvement performance agreement,." Motion to amend carried, five ayes^ Motion as twice amended carried on a Ru ll Call vote, five ayes. Director Tremere stated he would work with the District and Homeowner's .Association to develop a written agreement based on their current verbal agreement. Director Tremere presented a staff report on the requests of Wayzata School District No. 234 for Site flan Amendment and Conditional Use Permit for the Wayzata Senior I41gh School, 305 Vicksburg Lane North, i'or construction of an rxpdnslor. MOTION was made by Councilmember Vasillolt, seconded by Councllmember Zitur, to adopt RESOLUTION NO. 8A-503 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR WAYZATA SrHOCL DISTRICT 0284 (88069). Stan Tikkanen, Wayzata School District ?641 stated objectl.on to the ro40 cement in the Engineer's Memc that a traffle study end required improvemeitts be conducted concurrent with this project. Councilmember Vasiliou stated that she would not support rhe delay of the; traffic study as other developers are also required to conduct traffic studies to determine impacts at thin stage. Mdyor Schneider assured Mr. Tikkane:n that the traffic study requiremeict will not delay the District fisom obtaining a building permit; but the study xhould be undertaken now. Director Moore stated that he would report on the results of they traffic study. The study is to include proposed implementation of a plan for needed improvements, as well as addressinq the traffic situation on Vicksburg Lane: with respect to number of curb cut.R and addressing bus traffic. RESOLUTION N09 8P--503 ITMT16RAL 9.9r PFRPTT WAYZATA SENIOR HTGH SCHOOL ( 88069 ) Item 7-t3 Special Council Mvettng August 22, 1988 Page 237 Cou c menit tuber Vasiliou stated that she would like to ..ee the traffic study completed prior to approval action and would not be supporting the resolution. Motion carried on a Roll Call vote, four ayes, Vasiliou nay. Director Tremere presented a staff report on the request of Ronald L. Libby for Comprehensive Plen and ..and Use Guide Plan Amendment for reclassification of land from LA -1 to CN, located In the northwest quadrant of County Road 10 and Deerwjod Lane extended (88016). He stated that the Planning Commission recommended approval by a 3 - 2 vote, with a sta"f recoumndation of denial based on the proposal not respondirin to several criteria, Including location with respect to Thoroughfare..i inconsistency with the Thoroughfare Guide Plan; and Non-compliart;e with eche commur+itv--structure concept of the Land Use Guide Plan An expansion is pr. ,posed to the extstinq retail development, av4#4 staff questicns whether addition4l neighborhnod shopping t`oellities .gyre needed in th;s neighborhood. Sherman Goldberg, representing the 1)e;,ltioner, stated that this renuest is for expansion of the extstinq develoament. He commented on findings in the draft resolution:- He stated that the County has ind!cated that signals will tP ordered at Deerwood Lane and County Road 10 Nher. traffic warris',ts It. He said the proposal does not fully respond to the lou..itional criteria, but, regarding another finding, he noted other land to the ,lrea just became served with utilities. He questioned the finding as to highest and best use. Mary Glerrlming, 4900 Yorktown Lane, appeared in support of the project. Tom Lee, 115LO 57th avenue North, stated opposition to any change in the Land Use Guide Pian. He did oot believe the petitioner should have the right to md,e such a request. 9til Ilealles, 11610 57th Avenue North, appeo»eC' in opposition to the requests, stating concern of the eronolnte viahil!ty o? the proposal ano potential noise. Randy Gort, 11530 57th Avenue North, stated eppo:ittion to tfe proposal t,ecause of potential negative eff%;ctt of addttionai traffic tr the area wildlife and rhIldren. Gerry Kaupa, 11805 [lass Lake Road, appeared because of possible detrimental envleopmertval nerea•,ed traffic causing negative effects on Inno C in opposition effects and Val11Ps. Ronald Libbv Land Us( Guide Plan Amrndmer,t (88066) 1 r. e.n 7 -C Special Council Meeting August 22, 1988 Page 238 Patel A. Svensson, 11745 Basi, Lake Ro.ie, stated opposition •o the requester! Land Use Guide Plan AmendMent. He stated that this type of business use should not be expanded In the middle of e, residential neighborhood. MOTION was made by Councilmember litur, seconded icy Mayor Schneider, to adopt RESOLUTION NO. 88-504 DENYING LAND USE GUIDE PLAN AMENDMENT FOR RONALD LIBBY LOCATED AT THE NORTHWEST QUADRANT OF COUNTY ROAD 10 AND DEERWOOD LANE (EX'iFNDED). Councilmember `:isk stated, in reponse to Mr. Lee'; comeienr.s, that the petl.Ioner has a right to request this amendment., fust as the neighbors have the right to oppose it. He also Inquired about the area of the property proposed for requidinq; petitioner correspondence suggested this was not clear. Director Tremere said the area will be verified and refiected in the Council resolution. Motion carried on a Roll Call vote, five ayes. Ma.o r Schneider called a five minute rer ss. The meetinq reconvened at 9:50 p,me Director Tremere reported on the reque-A of Hans Hagsn Hc.mes for Amendment to the Planned Unit Development Plan Conditional Use Permit fcr Tyrell RFUD (85032) to allow increased tot caveratle for the construction of decks for six lots in 4he Second anti Fifth Iditions; and 13 lots in the "future" F=ighth Addition. The Planning Commission recommended approval or the increa.sP in lot coverage from the 20% now permitted, but to allow this Increase only for deck coverage. Director Trew.re noted that the lot coverage increase would not adversely impact the lots n the Second and Fifth Addttiuns; but changes In the Ftght!: Addition should he considered after mass qradinq of the hdditiv%. Tha intent is to conslder tKe preservation efforts on the number of lots proposed for tnf:reased c^verage, as had been the City Council practice Pith similar requests. MOTION woa made by Councilmemuer 71tur, seconded by Councilmember Vasiliou, to approve en Amendment to the PUD Plan Conditional Use Permit for the Tyrell IIPUD as rcluested by Mans Hagen. SUaSTITUTE MOTION was made b; Counc:lmember Ricker, seconded by Councilmember Sisk, to table this :quest pending further tnformattor from the Planning Commis ton rt.•rardtnq cons tdi-Wratton of an ordinance amendment to address lot ,ovt.-.age as it relates to decks, rather than dealing with tihear regtiPat s nn a case-by-ca.cP basis. IsMotion carried on a Holl Call WtP, four ayes, liter naw. W SOLUTION N0, 88-504 DFNYTNG LAND Gi Inf_ PLAN AMENDMENT FOR RONALD I_ IBBY ( 880(,6 ) Item 7-C Flans Hagen Hoes Amendment to P.11.D. Plan V -11.P. for Tyrell RPUD (88032) Item 7-D Special Council Meetinq August 22, 1988 Page 239 ADMINISTRATIVE NO'iON was made by Mayor Schneider, seconded by Councilmember Ricker, to direct the Planning Commission to analyze the 204 lot coverage maximum as it pertains to residential decl.s, with Input from the Development Council. Motion carried, five ayes. The r'ouncII continued consideration of rezonlAq, RPUD Hans Hagen Ht3mes Preliminary Plan/Plat and Conditional Use Permit for "Harbor Rezoning, RPUD Prel. Place" located northeast of Harbor Lane aced Gleason Lake Road Plan/Plat and C.U.P. 871?4). Amendment (871?4) Item 7-F Hans Hagen, petitioner, again requested that a "bubble" ur partial cul-de-sac. be allowed in Fernbrook Lane maktnq the properties more marketable. He stated that he has no objection to the City ordering street construction as described to the Cnginneer'sMemo; iNowever, he objected to paying the entire cost of construction rather than the cost being assessed to abutctnq properties. He also objected to the Fngineer':x Memo recommendation for wider right-of-way as he has r%o rtgh, cf condemnation. He stated that the lot cove,. -age aid setback concerns have been resolved since the last Council meeting. MOTION was made by Councilmember Ricker, seconded by RF.SMIITICN NO, AR -5115 ouncilmember titur, to adopt RESOLU110N NO, 88-505 APPROVING NSU -PRELIMINARY PIAN/ RE5I9ENTI1L PLANNED UNIT DEVFLOP4ENT PRET-IMINARY PLAN/PLAT AND PLAT AND C.11.P. FOR CONDI TWHAL USE PERMIT FOR HANS HAGEN HOMES FOR HAPBOR PLACE HARBOR PLAC17 Y6 -em 7-I 87124) with the fallowing ,modification in Condition No. ',: except with regard to Itom 24C, the City will order a pt 110 Improvement hear!nq to Improve this portion of Harbor LMIP, with the developer to pay half the co:t and the other half to he assessed to the abutting properties, which assessments wt11 he deferred until tht6 north srction 1: Improvrc4." Mayor Schneider mated that it would he appropriate that the properties Lu the north porticipate in a portion of the assessmenL. MOTION to amend was made by Mayor Schneider, seconded by Councilmember litu r, to include assessments against properties to the north along 4th Avenue, Attorney Thomson stated that a public improvement hearing wotilel be the appropriate action. Manager Willis stated that the developer would waive the ptihlle hearing, but all other al)iitt inq property owners mrist he granted the right of a public hearing. Motion to amend was w t thdrawn by maker and serond. Special Council Meeting August 22, 1988 Page 240 Director Moore clarified the nation relative to the F.nglneer's Mena and the direction on assessment. Original motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember kicker, seconded by Councilmember Iltur, to adopt ORDINANCE NO. 88-36 AME-NDINC THF IONINC ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHEAST Of HARBOR LANE AND GLFASON LAKE ROAD AS R-1 (LOW DF-NSITY MULTIPLF RLSIDENCE) DISTRICT. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Thur, to adopt RESOLUTION N0, 8R-506 SFITINC CONDITIONS TO RF MEI PRIOR TO PUBLICATION OF 0491NANCI RFIONING LAND LOCATED NORTIIEAS' OF HARBOR LANE AND GLFASON LAKE ROAD AS R-2 (LOW DENSITY MULTIPLE- RI:SIDFNCF_) DISTRICT (87174). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmemher Ittor to ,ipprove a Planned Unit Development Conditional Use Permit Amendment to allow the addition of a pdtlo deck to 4840 Union rerrdre Lane for larry Lteder. Motion failed for lack of a venond. MOTION was made by Mayor Schneider, seconded by Counellmemher Vasillou, to table this request pe•ncitnq further Information from the ^I4nn1nq Commission regardlnq consideration of an Ordlnaner amendment to address lot coverane as It relates to decks. Mutton carriad, five ayes. MOTION was made by COUnellmemher Sisk, r,ticondec+ by Coiniellmember I 1 tur, to adopt RI SOLUT ION NO. 88-507 APNROV INC. S T II PIAN [OR RICHARD NI SI.UND MOR V I CKSBURG PLAIA ( 8809 l) . Motion carrled on a Roll Call vote, five ayes. M01100 %,-as made by Counct lmember Vasl l taj, geror ded by Councl lmember I l tur, to adopt RI ,01.111 ION NO. AIA -509 APPROVING PLANNI 0 UNI 1 01 VF L01441 N 1 I TNAL PLA 1 AND OF VF I -Oft 0I CONT RAC 1 I OR RYAN CONS I NUCI ION COMPANY 1 014 WAIF RF OP9 NARK PLAIA ( 470; T) (MPIIf) 86-I). Motion t-arrled on a Roll Call vote, five ayes. MOTION was mace by Councilmember Vasil lou, sevonded h,- Counct lmember I t tur, to adopt RI SOI 11110N NO. N9 - 509 `;1 1 1 IN(; CONU I I IONS 11 H1 MIT PRIOR 10 t I I INC 'll ANT) IO l A i I l) 10 API ANIO D UNIT DI VI l 010MI N I 11NAL PLA I t OR RYAN CONS f Nl1C I I ON COM' ANY 1 014 WA I I NI ORI) PARK PL AI A (h 1 I d 7) (WUD 86.11. ORDINANCF NO, 88-36 RFIONINC FOR IfARROR PLArt-, (871?4) Item 7-1 RF -SOLUTION NO. 48-506 SFT I I w COND I T ION7! W HF MF I PRIOR 10 PUlil- ICA i ION Item 7 -1 Larry I -leder PUD C.II,P. Item 7 -1 Rf SOLUI 1 ON N(!. _ AR - 507 SITE P[ - AN I OR VICKSHURC, PI .AIA 89091) Item `7-I. Itf 501.111 T ON NO. 88 - V)m 1)(11)1 M. 1- SAT- kgl1 UI VI I-01"4 i!1 rONTMAr 1 WAII RI ORI) PARK PLAIA RYAN CONS I Rllr I I ON en. 470C"7) Item 7-11 NI SOI III ION NO. .4H 5011 SI I I I N(. MNl) I I I (W —10l 01, MI ' PRION 10 1 11 INC 4?(i, 7) I t e.;) 7 11 Special Council Meeting August 22, 1988 Page 241 40 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasillou, seconded by FIFSOLUTION N0. AR -510 Councilmember Zitur, to adopt RESOLUTION NO. 88-510 ADOPTING AtIOPTINC ASSF:5SF1 N STST , ASSF_SSMENTS, PROJECT N0, 830, WATERMAIN AREA - WATFRFORD PARK WAiFRMAIN ARFA - PLAZA. WATFRFORD PARK PLAIA 87027) Motion carried on a Roll Call vote, five ayes. Item 7-H Mayor Schneider called a five minute recess. The meeting reconvened at 9:40 p.m. The Council considered revisions to the Preliminary Plat Graham Development approvals for the Zachary Heights and Wild Wings 2nd Addition to DeVrtes Flutlders remove the ecndition that a Final Plat application cannot he ($1804?/89046) filed with the City until the City receives a DNP permit for the Item 7-1 construction of Schmidt Lake Road. The proposed resoltW ons contain new conditions that the developers are responsible for providing the land for any mitigative measures for the Schmidt Lake Road constrijct.lon and providing a covenant on future construction of Schmidt Lake Road. Fred Richards, 3300 Plpertower; S. Todd Ranp, Stitte 1100, 100 South Fifth, Minneapolis; and Sohn DeVrtes, 7564 Martncr Drive, appeared on belalf of Graham Development and DeVrtes Builders. Mr. Richards requested that the following lanrneage he substituted in the proposed resolutic.is: "The first Final Plat may plat all lots into approved developable lots, provided that the developer shall grant to the City an easement totalling approximately 4.7 acres, over the portion of those lots within the plat ripartdn to DNR defined wetlands, which easements shalt cover those lands above the estimated ordinary high water dsltneations c.' sate lands to within 30' of the hielliilnq pad. Such lands can then he made dvailAble by the City to provide mitigative measeeres to the sdttsfacl ton of DNR because of the Schmidt lake Road encrOdChme: t tnt,) the protected wet land. Such easement shall riot reduce the number of lots approved in the preliminary plat and all lands covered by the easement not necessary for mitigative measures ds c'etermtned by the DNR shall be recunveyeu to the then owners of all affected platted lots when the DNR permit is Issued for the construction of Schmidt Lake Road." Mayor Schneider noted that both developments could gdtn .ievess without the completion of Schmt<!t lake Road. MO I ION was made u Counc i lmemhe r I l •.0 r, seconded h RF SOLA T ION NO. 8A - S l l Cocinctirwmber Sisk, to .adopt. RI-SOI.111ION NO. 88-511 APPROVING IHF 14 -1, P ff . l t F( fbBI(fN — AMENDMFNt TO RF'SOLUTION NO. 89-340 RI GARDING PRI L.IMINORY PIAI FOR RI S01-111 I3N 44 - 140 APPROVAL FOR GRAHAM DI VI l OPMI N I COMPANY FOR I ACHARY IIF IGH I S 49044") 88W), with the Inclusion nt' tht' above lanqudgr (rotitalned In Item 7-I at.eotes), as Condition No. ? of the proposed resoltit tom. Special Council Meeting August 22, 1988 Page 24? is Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember IItur, seconded by RESOLUTION NO. 8.9-51? Councilmember Sisk, to adopt RESOLUTION NO. 88-512 APPROVING THF REVISING NDIT O . AMENDMEOT TO RESOLUTION NO. 98-414 REGARDING PRELIMINARY PLAT FOR RFSOLUTION 88-414 APPROVAL FOR JOHN DEVRIES FOR WILD WINGS ADDITION (88046), with (88046) the inclusion of the above language (contained in quotes), as Item 7-i Condition No. 2 of the proposed resolution. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLIITION NO. 88-513 Zitur, to adopt RESOLUTION NO, 88-513 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT, LOTS 2 VACATION OF FASFMFNT AND 3, BLOCK 2, HERITAGE RIDGE ADDITION. HFRIIACF RIDGE ADD. Item *7-3 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded ry Councilmember RF SOLUTION NO, AA -514 Iltur, to adopt RESOLUTION NO. 88-514 DECLARING COST TO 9E DrCLARINC COST-W— ASSESSED AND ORDERING PRLPARAIIuN OF PROPOSED ASSFSSMENT, ORDFRINC PREPARATION HARRISON HILLS SEWER EXIFNSION, CITY PROJECI N0, 630, OF ASSFSSMENT, PROJECT 630 Motion carried on a Roll Call vote, five ayes. Item *7-K-1 MOTION was made by Councllmember Sl.e.k, seconded by Councilmemher RFSOLUTiON N0, 88 -*0 11tur, to adopt RESOLUTION NO, 88-515 DrCLARING COST TO HF ffffr7kINC COST AN ASSESSED AND ORDERING PREPARnTION OF PROPOSED ASSI SSMENT, BASS ORDFRING PREPARATION LAKE PLAZA AREA, CI1Y PRUJCCT N0. 011-000, OF ASSI-SSMENT PROJECT 011-001 Motion carried on a Roll Call vote, five ayes. Item *7-K-? MOTION was made by Councilmember Sisk, seconded by Cotinellmember RESOLUTION NO. 88-516 Zltur, to adopt RESOLUTION NO. 88-516 CALL1,4C Hi ARING ON CALLINC ASS, S. MFNT PROPOSED ASSESSMENT, CITY PROJECT N0, 011-000, BASS LAKt FLAIA HEARING AREA, PROJFCI 011-001 Item *7-K-? 4otion carried on a Roll Call vote, five dyes. MOTION was made by Councilmember Sisk, seconded by Cotmctlmember RFSGLUTION N0. AA -517 Zttur, to adopt RESOLUTION NO. 88-517 CALLING HEARING ON Ml t SSF,SMt-NI PROPOSED ASSESSMENT, CITY PROJEC I N0. 630, HARRISON HILI S Stiff H HEARING EXIENSION. PRO3f CT 630 Item *7-K-1 Motion carried on a Roll Call vote, five ayes. MOTION was made by Counctlmember Sisk, seconded by Counellmember RESOLUTION NO. 88-519 1 itur, to adopt RESOLUTION NO% 88-518 CALL,NC FOR HF ARINC ON CALL INC HF AR INC ON a REASSLSSME N I S 01 SPF: C I AL ASSI SSMC N T S ON PURL TC SALE OF f AX RF LI VY 01' ASSI. SSME H T 4 I ORFL T L%) ON PUHL Tr SALI OF 1 AX F OIiI F I I F D LAND tor; carr t eu on a Roll rail vote, five ayes. Item *7 X -I 0 Special Council Meeting August 22, 1988 Page 243 The Council received the report and will consider the levy of the deferred assessment for the Mount Olivet Church sanitary sewer at the September 13, 1988, meeting. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-519 DECLARING COST TO OF ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER AND STREET LIGHTING OR ANNUAL STREET LIGH!ING FOR UNIMPROVED PARCELS. Motion carried on a Roll Call vote, five ayes. MOf1ON was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 88-520 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER, AND STREFT LIGHTING OR ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmembe; Zitur, to adopt RESOLUTION Nrl. 88-5211 DECLARING COSI TO Hi ASSESSED AND ORDERING PREPARATIliN OF PROPOSED ASSESSMENT FOR 1999 WEED ERADICATION AND DESTRUCTION, hOLLS l 8 2. Motion carried on a Roll Call vote, five ayes. MOTION was made by Counnilmember Sisk, seconded by Councllw.mher Zitur, to adopt RESOLUTION NO. 88-522 CALLING FOR PU01 IC 9N PROPOSED ASSESSMENT, 1988 WEED ERADICATION AND UESTNUCTION ROLLS 1 8 2. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember 11tur, to adopt RESOLUTION NO. 98-523 APPROVING CHANGE ORDER NO, 21 WOOD CREEK ADP11ION AREA, CITY PROJECT jbIO. 660. Motion carried on a Roll Call vote, five eyes. The Council considered an ordinance amendino the lonlnq Ordinance with respect to Conditional Use Permits and Home Occupations. Discussion was held on whether examples of each type of activity should he included In the ordinance. The Planning Commission concluded that the examples were too constrictive and recommended that no examples be included, MOTION waa made by Councllmember Sisk, ..econded by Cotincllmember Ricker, to adopt ORDINANCE NO. 88-37 AMENDING 0110INANCI NO, 80-9, ADOPTLD JUNE 169 19809 AS AMENDED, AND KNOW11 AS THI PLYMOUTH ZONING ORDINANCE, RELAIIVE TO PROVISIONS FOR NOME OCCUPATION COND I I I ONAL USE "'F: RM I T S. LEVY OF DFFF F`NFD ASSESSMENTS Item '7-K-4 RESOLUTION NO, 88-519 nFCLARINC COST AN ORDERING PREPARATION OF ASSESSMENT, DFL INQUFNT 11T IL I T TF S, STRF'FT LIGHTING Item *7-K-5 RESOLUTION N0. AA -520 SfrtTNG ASSFSSMFNT HFARINC FOR UELTN011FNT UTILITIES, STREET 1.TCHTING Item "7-K-5 HF'SOLUTION NO, 88-521 AFCLARTNG COSI AND ORDERING PREPARATION I' ASSF:SSMENi, 1998 VIED FRADICATION Item •74-5 RESOLUTION NO, 88-522 N1.L TNL 0P ASSI-SSMFNT Ili ARING, 1998 WFFI) EkADIr.ATION Item •7-K-5 RE'SOLUTION NO. 88-523 Z`R7iW ii[R PROJECT 660 Item `7-K-6 ORDINANCE N0, 88-37 HOME OCCOPAT16NSI CONDITIONAL USI III RMI IS Item 7-M Special Council Meeting August 22, 1988 Page 244 goMotion carried on a Roll Call vote, five ayes. After discussion MOTION was made by Mayor Schneider, seciunded by Councilmember titur, to direct staff to draft an amendment to the Bingo ordinance pertaining to a housekeeping provision and allowing certain Bingo activities by senior citizen organizations without a license. Motion carried on a Roll Call vote, five ayes. Director Carlqutst presented a report concerning the Fire Station I remodeling project. Councllmember Ricker stated that each improvement should be considered to determine the Increased useful life of the building. He stated his concern that the size of the buildinq be sufficient to handle equipment needs for the next 15-20 years, as well as justified energy cost savings vs. improvement cost. The Council will meet at Fire Station I t 6;00 p.m., prior to the September 6 Budget Study Session, to tour the station with staff and 03arman Architects. Manager Wlilis stated that follo;rtng recent discussions and direction from the Council an appraisal has heen received oet the Theme Center site. He believes that it is in the coem+•enity's Interest to acquire the Theme Center site for inclusion In the Plymouth Creek Park. Beyond being a significant addition to the overall park area, it provides :.he additional benefit of providing a site for a proposed community center, community library, or potential senior citizen's housing development. Councilmember Vasiliou noted that special assessments against this parcel were deltnquent for a number of vears. Manager Willis stated that the delinquent.. assessments were paid, and the Council spread the balance of the then remaining special assessments. MOTION was made by Councllmember Counellmember litur, to authorize the. with negotiations to acquire the eitire exceed $1.75 per square fc-it. Ricker, seconded by City Manarler to proceed parcel at a price not to SUBSTITUTE MOTION Ads made by Mayor Schnetaer, seconded by Councllmember Vasillou, to authorize the City Maniger to proceed with nottations to acquire the entire parcel at a price not to excee1 million less the balance of special assessments against the parcel. 0 Motion carried, five ayes. Bingo ordinance Item 7-N Fire Station T 4dditfon and Remodeling Item 7-0 Plymouth Creek Park Fxpinsion - Purchase of Theme. Center '-ite Ttem 7-P Special Council Meeting August 22, 1988 Page 245 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO, 88-5?4 Zitur, to adopt RESOLUTION NO. 88-524 AUTHORIZING AND DIRECTING DEMOLI!ION OF THE MAYOR AND CITY MANAGER TO ENTER AN ORDE'R WITH RE SPEC 1 TO A HAZARDOUS 51'RUC TUBI HAZARDOUS AND DANGEROUS PROPERTY LOCATED AT 1110 KINGSVIEW LANE 1110 KINCSVIFW !-ANF NORTH. Item 07-0 Motion carried an a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councl tmnmber Vasillou, to reconsider action relative to a hararakbas and dangerous property at 1110 Ktngsview Lane *)rth. Notion carried, five ayes. Mayor Schneider opened a public hearing on a proposed demnlltlon order for a hat,•lous structure located within proposed Parkers Woods Subdivision 1110 Kingsview Lane North). Jerry Ptetig, 14640 12th Avenue North, supported the City's proposed action to order demolition of the rebmainlnq structure at 1110 Kingsview Lane North. Woody Pert, fee owner of the property, stated tl aL two years aqo he sold this parcel and is In the process of regaining the isproperty through payment default. He stated that there is a well pit that could be ftlled and he would be w!llIng t., do whatever cleanup the City desired If he had fti l l ownership of the property. He presented pictures of other properties that he felt were similar. There being no one else to appear, the hearing was closed. Councllme'mber Rl. k.%r noted that this well has not been properly sealed. Assistant Maizager Boyles stated that proper filling of they well pit is part of the demolition process. Attorney Thomson stated that state law provides procedures to be followed when dealing with potentially da igerous or unsafe conditions. The City is obligated to notify all owners of record. The City cannot wait to or -der correction of a poteattally dangerous situation because of an ownership dispute. The corrective action will be done by the City if the ownership is not responsive, and corvespundlnq costs wilt be assessed to the land. MOTION was made by Mayor Schnetc+pr, seconded by (ouncilmember K SOLUTION NO. A8-5?4 Sisk, to adopt 11VSOLUIION NO. 88-5?4 AUTHORIZING AND DIRECTING 01MOL11ION OV THE MAYOR AND CITY MANAGER TO E 411 R AN ORD[ N WITH Rl-5!'F C 1 10 A HAZARDOUS S 1RUCTtIRI 4AZARDOUS AND DANC,LROUS PROPURTY LOCATED AT 1110 KINCSVIF W LANF 1110 KINCSVIF W LAIII NORTH. Item ''7-0 Special Council Meeting August 229 1988 Page 246 140 motion carried on a Noll Call vote, five ayes. ADMIMIS`RATIVE MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to dirt^t staff to check other potentially hazardous situations as presented by Mr. Perl. Motion carried, five ayes. Director Tremere presented a staff report on possible regulation of church size. Councilmember Zitur noted that the seating for St. 3useph's of Medicine Lake, listed in the table as 1,500, is incorrect. Actual seating is less. Councilmember Vasiliou stated that she would like to see Information from the City Assessor regarding the impact of tax exeigit status of bona fide religious institutions. In response to a question by Councilmember Zitur, Director Tremere stated that a religious institution, as defined by the ordinance, would be similar to a seminary, or facility other than a church. He read the ordinance definition of "church". Councilmember Zitur requested the term "synagogue/church" be used in any proposed ordinance. Mayor Schneider took an informki: poll of the Council on the following questions: 1. Are we concerned about the size of bona f t,le churches in the sense of physical struct&jre and site? Yes. tfour ayes, Vasillou nay) 2. Are we prepared to definf one type of church over another? Yes. (four ayes; Vesiiiou nay) 1. Should a distinction be drawn between churches and religious Institutions? (five ayes - yes if legal) A. Should religious institutions perhapb be reserved for ;ilgher density/intensity zcning districts and not allowed at all in lower density residential neighborhoods? (five ayes - Investigate) Counellmember Vasiliou clarified that in questions ! and 2 the Issue !s not just the size of the structure, but rather the amount and Intensity of use of the space. NOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to refer this report to the P14niiing COmmls$t.)n for recommendation when staff research I% comp ae.e. POSSIBLE REGULATION OF CHURCH SIZE Item 7-R 0 s SF clal Council Meeting August 22, 1988 Page 247 Notion carried, five ayes. MOWN was made by Counct i member Sisk, seconde-d by Councilmember Zitu r, to adopt RESOLUTION NO. 88-525 APPROVING DISBURSFMENTC FOR THE PERIOD ENDING JULY 31, 1988. Motion carried on a Roll Call vote, five ayes. MOTION was jade ay Councilmember Vasillo4i, APPOINTING LYNES GETTt:N ADVISORY COUNCIL. C.-uncllmember Zitur, seconded by r.o adopt fESOLUTION NO. 88-5?6 TO THE ISD 284 COMMUNITY EDUCATION Mottos carried on a Roll Call vote, five ayes. Councilmember Vastliou made comments to the Council with respe^t to her beliefs about Mans for a comm intty center, parks, the public attitude survey findings, comminlcattons program, and other issues. She objected to critical statements by other Councilmembers about her position on varlius Issioes and her participation In Council deliberations. The other Counclimemburs -,esponded with their concerns and agreed the Council -should *P rk together in a renewed sp'.rtt of cooperation. In response to a gtiestlon by Councilmember Sisk, Manaqer Willis stated that w,311 No. 10 is being drilled and will be operational In the sprioig of 19ti7. Two to three new wells are proposed over the next five years, with the proposal of a new reservoir at Highway 55 and 101. CounctImember Sisk requested that staff cont[nur to work on Improper sump pump discharge in Hughes Addition, ADMINISTRATIVI MOTION was made by Mayor Schneider, seccr,ded by Counrllmember Sisk, to direct staff to verify accurate acreage fo.- land requested for requtded in Resolution No. 88-504, Item 7-C. lotion carried, five ayes. Manager Willis stated that 1lie+ Metropolir.dn Council has adjusted the estimated Plymouth population as of April 1, 1988, by Increasing It to 47,800, rather than 45,819 as previously established. Councllmember 'lsk reported on a recent flyer sent. out regardinq waste avid comment'd that the City has taken an agelressivp role In leading the western, suburbs in the area of recyclfnq. lies briefly reported on A recent meeting and the reluctance on the part of haulers pertatntnq to-ecycllnq. RFSOLUIION N0, 88-525 APPAMW DISNURSFMFNTS FOR PER IOU ENDING, 3ULY 319 1988 Item *7-S RESOLUTION NO. 88-526 APP09TAW rrj . 4 COWJNI TY F.DUCA T ION COIINC IL Item 7-T Councilmember Vasillou Comments to Council Item 8-A Project Status Reports Item 9-8 Verify acreage figpires RFSOLl11I0N N0. 88-504 88066) Item 7-C POPULATION fSf IMATF CCN RI POR T S Special Council Meeting August 22, 1988 Page 248 Couneilmember Sisk stated appreciation for cooperation received from the judicial system regarding a solution to the matter of jury trials in suburban locations. There being no further uusiness, the meeting was adjourned at 11:40 p.m. 9 r 7 1` tf• Itr' t.•i. t F n.