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
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