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HomeMy WebLinkAboutCity Council Minutes 02-06-19890 M I N U T E S REGULAR COUNCIL METE: T ING February 6, 1999 The regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. In the City Council Chambers of the City Center ar 3400 Plymouth Boulevard on February 6, 1989. PRESENT: Mayor Schneider, Coemctlmembers Ricker, Sisk, Vas!llou, and litur. CIty Manager Willis, Assistant Manager Boyles, Planning Director Tremere, Public Works Director Moore, Park Director Blonk, Finance Director Hahn, City Attorney Thomason, and City Clerk Rauenhorst ABSENT: None PRESENTATIONS The flag presentation was conducted by Kant Win Ca Camp Fire Flag Presentation Group. Item q CONSENT AGENDA Councilmtembers removed Items S -C and 8-I from the Consent Consent Agenda Agenda. Discussion of a position write-up for commissioners was Item S added to the agenda as Item 9-3. M011164 was made by Counellmember Sisk, seconded by Counellmember litur, to adopt the Consent Aqenda. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Coun-Hilmember Sisk, seconded by Counellmember Minutes titur, to approve the minute, of the aanuary 23 Regular Council Item .6 Meeting. Motion canted on a Roll Call vote, five ayes. 0 Regular Council Meeting Ftybruary 6, 1969 Page 26 Mayor Schneider ope:ped a public vacation of drainage and utility West Business Park 3r%1 Addn. No was closed at 7:38 p.me hearinq at 7:38 p.mv on the easements in Outlot A. Priam one appeared and the heartnq MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION 140. 89-68 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING IN OUTLOT A - PRIME WEST BUSINESS PARK 3RD ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Yastllou, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 89-69 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION N0, 89-68 VACATING THE DRAINAGE AND POKING EASEMENTS FOR PRIME WEST BUSINESS PARK 3RD ADDITION. Motion carried on a Roll Call vote, five ayes. City Engineer Harrison described the proposed 1989 Street Keconstruct:on Program and Harbor Lane and how districts were selected for reconstruct!on. He stated that three neighborhood meetings weee held regarding the proposed reconstruction and a considerable amount of time wAs spent discusslnq the maintenance benefit relating to the installation of curb and gutter which allows for improved drainage for the street and adjoininq propertles. The Council viewed a map showing where reconstruction is proposed. Installation of curb and gutter is proposed for those streets being totally reconstructed. Residents were informed that following the reconytructlon, the City intends to maintain the ruadway for 20 years without any additional assessments for maintenance. Manager Willis explained the public hearing process and outlined the estimated 003t of the projects under consideration. At this time an estimate of $886 for a basic lit with an additiona; $8 per front toot for concrete curb and gutter is anticipated, although actual assessment costs will not be known until the project bid is awarded. Mayor Schneider opened the public improvement hearinq of 7:55 p.me on the 1989 Street Reconstructrion Proqram, Project 801, and Harbor Lane - Gleason Lake Drive to 7th Avenue, Project 912. A letter objecting to Project No. 801 was received from Kathy and Bob Lindsay, 18315 26th Avenue North. A petition objectinq to Project No. 801 was received from residents of 30th Plice North. Letters objecting to Project No. 912 were received from RESOLUTION N0. 89-64 VXE%TIUN OF S PRIME WEST 9USINESS PARK 3RD ADDITION Item 7-A RESOLUTION N0. 89-69 SMINC TO 8f MET PRIOR TO FILING RESOLUTION N0. 49 -AS Item 7-A 1989 Street Recon- struction Pruqram, Project 801 and Harbor Lane, Project 91? Items 7-A-1 and 7-H-? 0 gular council Meeting February 6, 1989 Page 27 Donna Midge and Gwendolyn Miele, 314 Harbor Lane. Emett O'Hare, 2335 Troy lane, objected to Project Nb. 801, questioning the frugalness and farness *I the project. He stated that roads should not be assessed in tqe particular area. Reconstruction should be included !n property tax. Donald C. Harris, ISMS 20th Avenue North, stated that reconstruction of the roadway is acceptable but objected to Installation of curb and gutter on 20th Avenue. He questioned the benefit of curb and gutter. William Olson, 18600 24th Avenue North, objected to curb and gutter on 24th Avenue North and asked when the capital I0pr6veaient3 end and maintenance begins. Bernie Heehanova, 18520 30th Place North, wants consistency in the reconstruction project. He stated he would be wiilinq to pay a curb and gutter assessment if Ise knew that it would be Installed in the entire area within a few years. Director Moore clarified that existinq concrete curb will be repaired on streets that require reconstruction. Streets with no concrete curb will be entirely rwoved and reconstructed, Including new concrete curb and gutter. There 13 no proposal at this time ;,o install concrete curb and gutter In the entire reconstruction project areas. Nancy Dierdorf, 2110 Urbandale Lane North, stated that she would like a nice street but doesn't want to pay an assessment for the reconstruction project. She stated tnat the assessment would be a hardship for many people. She suggested that the Council find a creative way to pay the costs and questioned whether the Council would consider ordering the recont truction project with no assessments. Hans Hagen, 2353 North Rice Street, objected to the improvement of Harbor Lane north of 4th Avenue, Project Mo. 912. He stated that he petitioned for this construction because it was required In this development contract for continuation of the Harbor Place project. If the project is ordered, he 311ould be charged the same assessment rate as other property owners on the project. flruce Burnes, 18505 30th Place North, stated that reconstruction on 30th Place North proposes portions of both concrete and asphalt curb and gutter. He stated that concrete curb would diminish the neighborhood appearance and requested that the entire street be done with asphalt curb. Mr. Burnes objected to the proposed Cost of the concrete curb and qutter. u 0 gular Council Meeting February C 1969 Page 26 Bob Wallace, 17920 20th Avenue North, was concerned with the appropriateness of the proposed overlay as it relates to drainage and whether drainage *wild chb..ge from what currently exists. Me noted the di"art rm-off of drainage water Into Snyder Lake and asked if this .occurs in oth+sr areas. Bill Kwatry, 10116 2#t:i Avenue North, stated that the proposed .econstruetlon project appears to be done area by area rather than sections based on lrviceablllty. He questioned uhy seal coating was done 2-3 y ars ago :f reconstruction Meas proposed and whether a study of watermain and service line leaks has been done. John M. Boyd, 2205 Xanthus Lane, stated concern of the drainago water run-off into Mooney Lake because of u3c of road salt a1d lawn chemicals. No one else appeared and the hearing wa3 ci:)se'a at SJO p.m. The staff and Council responded to gwtstlons raised durfnq the heartng. Director Moore explained that the City was evaluated on a block by block basis to determine a streevt ratli:.y for needed type of Improvement. Particular streets were chosen for partial reconstruction to protect the street investment before complete rvC0113tructlon is required. Based on the Infrastructure Reserve Fund Policy adopted by the Council, the City will pay 213 of the reconstruction cost, and affected residents will pay 113 of the cost, with assessments spread over a 5 or 10 year period- Director Moore stated that this program is proposed to reconstruct the street to a 20 year life with normal maintenance. Seal coating was done on 24th Avenue North in. 1983. The proposed improvement will not change existing drainage into the lakes, but improvements in drainage will occur with Improved road crowns and curb and qutter. Metro -wide restrictions could occur in the future. Water loss is monitored and at a current acceptable rate. Couneilmember Ricker assessment deferral. explained provisions for senior citizen Manager Willis explained the purpose for the establishment of the Infrastructure Replacement Reserve Fund and the Counril's Intent !or the City to pay approximatoly 70% of the rontenplated street work, excluding concrete curb and gutter* Councllmember Vablliou noted that the $d million deslgnated for the proposed community center could be used for recenstrue•tion. Regular Council *sting February 6, 1909 Page 29 Director Moore responded to comments made by Hans Hagen. He stated that Mr. Hagen was required to pay 112 the cost of a typical residential street, estimated at S68,000 in his development contract. Mr. Hagen is receiving the same treatment as other developers in the City. In response to a question by Councilmember Sisk, Director Moori stated that concrete or asphalt curb and gutter are the only two alternatives for this reconstruction; an open ditch drainage is unacceptable in urban areas. The advantage of concrete over asphalt is durability, better slope and drainage, ano easier maintenance such as snow plowing for the City. Councilmember Sisk encouraged staff to correct standing water probleme through the retbnstruction where possible. Mayor Schneider• and Councilmembers Sisk, Ricker, and fitur stated that the Infrastructure Replacement Fund has been established, and they would not consider amendinq the 30% property owners' assessment share of the project cost. Councilmember Vasiliou stated she would reconsider the source of funding for the project. Councilratmber Ricker stated that the Special Assessment Committet, considered concrete vs9 asphalt curb and qutter. If there was concrete curb and gutter, it would be replaced. He stated that he is not in favor of replacinq asphalt curb with concrete as proposed in this project. NOTION was made by Councilmember Ricker, seconded by Councilmember• Zitur, that no concrete curb and gutter would be Installed in any area where concrete curb and gutter currently does not exist, and asphalt ccsrb would be installed in all other areas for both Project No. 801 and 912. Councilmember Sisk questioned this amendment as it relates to Project No. 912 and the developer, Hans Haqen. Manager Willis stated that the ssshdivisfon regtilatlons and development contract require concrete curb and gutter, however the Council can waive that requirement. Attorney Thomson stated that the Council has the authority to waive subdivision regulations based on a what 13 warranted to a given situation. There would be no legal precedent set. MOTION to amend was made by Mayor Schneider, seconded by Councilmember titur, that the two projects be considered and voted separately. Regular Council Meeting Febnwy 6, 1959 Page 30 Motion to amend carried, Schneider, Zitur, Sisk ayest Vasillou and Ricker nays. Vote Was taken on the main notion as it relates to Project No. 801. 1989 Street Recons ructlon Program. Motion carried, five ayas. 040TION was wade by Councilmember Sisk, seconded by Counellmember Ricker, to adopt RESOLUTION N0. 69-70 ORDERING iMPROVE1E14TS AND PREPARATION OF Pto&tG AND SPECIFICATIONS, 1989 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 801, which includes the amendment relative to curb and gutter. Notion carried on a Roll Call vote, four ayes, Vasillou nay. NOTION was made by Councitmember Sisk, Schneider, to adopt RESOLUTIO11 ORDERING PREPARATION OF PLAM AND SPECIFICATIONS, IMPROVEMENTS, CITY PROJECT N0, 912. SUBSTITUTE NOTION was Councilmember dltur, Assessment Committee issue* seconded by Mayor IMPROVEMENTS AND HARBOR LANE STRFFT made by Councilmember Ricker, to refer Project 912 to for consideration of the curl Substitute motloi, carried, five ayes. The meeting was recessed for a breAk at 9s35 p.ms seconded by rhr Soecla1 an(I gutter Director Tremere stated that at the direction of the Council, the Planning Commission has considered provisions of the toning Ordinance that relate to the regulation of Places of Wursnip. Following the ruport of a Planning Commission Subcommittee on the subject, the Planning Commission held a public hearing on December 28, 1988, contimied on aanuary 11, 1989. By a unanimous vote on January 18, the Planninq Commission recommended approval of the loninq Ordinance amendments concerning Places of Worship. Director Treme+re described the significant changes proposod to the lontng Ordinance: 1. A maximum site site of and R-2 zoning districts. overall scale of this type residential zones. 10 acres is introduced for the R-tA, This is intended to control the Of land use in the lowest density 2. Nonresidence condittet.ial districts would become subject specification of 30 percent. uses In the to a maxtm`lim The purpose R -IA, R -IR and R-? impervious surface 1s to maintain the RESOLUTION N0. 89-70 PROJECT N0. 801 1989 STREET RFCON- STRUCTION Item 7-8-1 Ordinance Amendlnq 1oninq Ordinance regardinq Places of Worship Item A -A r] 0 Regular Coun,il Meeting February 6, 1W Page 31 relationship of impervious surface to green area with residence uses. The Commission observed that a major dlfference between residence uses and nonreAdence conditional uses is the deqree of site coverage that can result from extensive parking areas. The impervious coverage maximum, introduced for these u3133 fs Intended to mitigate that difference. 3. Minimum setback from property lines to parking and drives for nonresidence uses has been increased to 20 feet. Under certain circumstances the existing ordinance language will allow the setbacks to be as little as 6 Peet. the 20 feet relates to the horizontal Jistance considered necessary to construct a berm of at least 3 feet while maintaining a 3:1 slope on both sides of the berm. 4. the minimum site size in the R-3 and R-4 toninq districts has been Increased from an exlsttnq 3 acres to i proposed S acres. S. Uses that are deemed to be "accessory" to usual church activity are more clearly defined. The ordinance would define activities "accessory" to normal church usage to be limited to administrative offices, kitchen, dipsing facilities, and Sunday School type classrooms. Any facilities or uses beyond these would be conditional in all zoning dIjtricts. The two primary concerns raised at the pxibltc heartnq and in letters were the Inability of certain existing churches within Plymouth to expaed further at -heir existing locations, and the inability of new churches to develop at the scale that they contemplate. The removal of a maximum seatlnq proposal from the draft or:linance has mitigated some, but not all, of this concern. Attorney Thom:.on noted that in two recent cases where cities have regulated places of worship, decisions support:nq the cities' position have been upheld. Ne stated that it is his apinlun that the ordinance as proposed by the Planninq Commcission meets the constitutional quidelines established by the courts. Clrector Tremere explained that the legal notice hearings was published per ordinance and state law, and was mailed to each existing church In the My prior second hearing. aim Sandberg, 18130 8th Avenue North, stated that he the Interests of a group of churches in Plymouth, Wayzata Evangelical Free Church in parttcular, concerned with the ordinance. He stated that the for the a notice ro the represents and of the that are t slue has is 11 Regular Council Meeting February 6, 1989 Page 32 become impersonal and we should talk about ministry rather than numbers. Mr. Sandberg stated that a growing church can meet the needs of many people and, in turn, will grow further. He stated there are thousands of people that want to go to church it they were only asked. He explained help given to various families by Wayzata Evangelical free Church, and noted that churches are meeting the same needs of other organisations, but are not asking for financial contribution from the City. Mr. Sandberg stated concern about the lack of Input from various Institutions, lack of communication and information given to churches, and the speed and "secrecy" with which the ordinance is being considered. Hv questional the real motive and "hidden agenda" of the "ity, and proposed that the ordinance be ref.rred back to the Planning Commission for dev"lopment of an ordinance with a more comprehensive program of particlpatIon and Input of churches. He questioned the basis of including places of r3rship with public: facilities, and the proposed 10 acre maximum. He asked how this ordinance, if approved, 'Mould prevent devel5pment of rertair, proper'ies Llys City hopes to rastrict." Robert Beck, 2720 Vagabond Lane, member oY Messiah United Methodist Church, stated he has met with staff and attended the hearings and agrees there are situations thot reed to be addressed. He stated that these amendments shocild be made in such a way that there is no tiegative effect on existinq churches. If the Proposed ordinance is adopted, of least four churches will be in non-conformance. Mr. Beck urged the Council to refer the ordinance to the Planning COMI331on to address the non-compliance situations of existinq churches. Richard Glampe, 18300 26th Avenue North, stated that churches meet the needs of the public and should not be ce.acricted from meeting those needs. Churches should be allowed to expand to continue to meat the needs of the eommun+ty. Mr. Glampe stated there should be a way of addressing intilvidual churches rather than adopting a blanks, ordinance. Mark Harper, 18281 84th Avenue North, Maple Grove, represented the Living Word Christian Church. He stated that the church desires to purchase property in the ..ity and Weals the approach of the proposed ordinance is d13criminAtory against churches by forcing therm to purchase higher valued cc.mmerctal or industrial land in order to have area to grow. He stated than the land they are considering for purchase would be zoned R-3= however, they have heard that the City may ^hange the toninq. I 0 Reqular Counei 1 Meeting February 6, 1989 Page 33 Sack Delaney, 16400 Sth Avenue North, represented St. Marys of the lake. He stated that they did not wish to oppose any reasonable legislation, but cannot support the ordinance as it currently is proposed. The ordnance would put St. Marys In non-conforowance relative to property and church size, and lie suggested that more study is necessary. Cary Quinn, 1044 ulama lane, stated that if a person worships in Plymouth, the proposad ordinance will affect them. Dave Nelson, 17810 8th Avenue North, stated that the ordinance Ignores the basic principle of coast effectiveness for churches seeking locations by forcing them into comerrial-industrial areas. The proposed ordinance dictates the programminq available by churches and limits growth of churches. Mike Martin, 360 Dexter Lane, Long Lake, questioned whether similar ordinances adopted low other cities were developed strictly by the City or whets+ er churches had input in the process. Director Tremere stated that hV was uncertain what process other communities used in Jevelopm.-it of similar ordinances, but an ordinance regulating physics! characteristics of places of worship is not unique to the City of Plymouth. Dick Crowder, 17720 6th Avenua North, member of Messiah United Methodist Church, stated teat he does not see this ordinance as being cestrictive in 0-srms of the social or spiritual contributions of churches. He revom#)nded that the interests of neighborhoods be considered, as well as of church members - not iust chirch adnoinlstrat'.ve personnel. Mr. Crowder noted the cAsts associated with church location and expansion, such .s security, traffic, and drainage issues. The cost-bennfit analysis of church location needs tG ba considered. Mr. Crowder supported the adoption of this type of ordinance but recogniteo+ the reed for a grandf-,ther clause to protect W stirq churches. 9111 Kratoskd,:15 Narcissus Lane, supported the ort!lnance. He stated that the churches' Input was cop;lde red, as uvidenced by the deletion in the once proposed maximum seattrg c:spacity. Mr. Kratoskd stated there is not a direct relationship between the physical size of the church structure and the aff,3uw of good it does in the community. An ordinance like this on the books can assist prospective churches who want to locate here. Tome Hagen, 2405 Black Oaks Lane, members of Wayzata FvPngel!ral Free Church, encouraged the Council to "forget all the rule: and do what Is right and faor." Hot ;stated that other metoopalttan u Regular Council Meeting February 6, 1989 Page 34 conmaunatles are apparently dealing with the same issues Without adopting such an ordinance. He questioned the urgency of the ordinance, and stated that he hoped the same urgency is felt for issues such as the proposed Waste Transfer Station. Mark Christopher, 1795 Meadowwoods Yrail, Long Lake, stated that the process needs to be slowed and more data presented. He questioned what problem the ordinance is attempting to resolve, and noted the confusion over the public hearing notices. He suggested that the churches be yiven six months to work with the City so the issue can be resolved. Peggy Nestor, 4595 iorestvl;.w Lane, questioned whether there are 31mllar ordinances in other cities. She stated that the claim that this would be a one -of -a -kind ordinance in the nation could be attributed to a statement by Diractor Tremere at a public hearing when he said that staff was aware of no ordinance exactly like this one. Ronald 0. Goltz, 17615 8th Avenue North, stated that Wayzata Evangelical Free Church has built a stairway from the parking area and questiooved the limit to daycare s!ze allowed at the church. Mr. Goltz objected to his home being surrounded by parking lots and quM3tioned the vegetation on the berm. He had raised this concern earlier. Staff was directed to respond to Mr. Goltz' specific questions by letter. Director Trcmere responded to questions raised during the gearing. He stated that he did not know what was meant by the claim that the City had a "hidden agenda". The staff and Plasuving Commission studied the issue based on Council direction, which originated from neighborhood concerns. Director Tremere stated that the Planning Commission proposed the more generic term "non-residential" so that churches would be treated equally with other comparable land user. Relative to the proposed 10 acre maximum size in R-1 and R-2 dis;:ricts, the Planning Commission looked at information on current church sizes and considered what was reasonable in a residential neighborh000. The Planning Commission was sensitive to limiting the creation of non -conforming structures. If the only tl:inq that renders a church as anon -conforming is yard area, it will not restrict the ability to expand the building. It would likely restrict the expansion of the parking area. Attorney Thomson stated that this was a comprehensive study that resulted in impacting some churches more than others. A11 places of worship are being treated equally because they have Regular Council Meeting February 6, 1989 Page 35 similar Issues* to 0 Impacts on neighborhoods, such as parking and traffic NOTION was made by Councilmember Vasiliou, seconfed by Councilmember Ricker, to adopt the proposed ordinance relative to churches and religious institutions, with an increase in the maximum impervious surface in R -1A, R -IB, and R-2 districts from 30% to SO%, and the provision that all existing churches be exempted from new site regulations. Councilmember Vasiliou thanked staff and Planning Commission members for work on this proposal, and residents for their input. She stated that it is the intent of the Council to be receptive to Information and apologized for whatever miscommunication occurred on the public hearing process. Count-ilmember Vasiliou stated that there are many landscaping/b•:rming techniques available which make the 50% impervious coverage acceptable. SUBSTITUTE NOTION was made by Mayor Schneider, seconded by Councilrimber Rie*er, to adopt ORDINANCE NO. 89-02 AMENDING PORTIONS OF THE ZONING ORDINANCE ADOPTED NOVEMBER 23, 088 AS AMENDED, RELATIVE TO CHURCHES AND RELIGIOUS INSIITUIIONS, with the provision that all existing non -residence conditional uses be exempted from the regulations relating to maximum lot area and maximum Inlervious surface with minor clarifyinq language changes as noted by the City Attorney. Councilmember Sisk stated that was good to hear that the churches are interested in working w!th the City to develop an ordinance and didn't understand the urgency in adopting an ordinance. He believed that the process was flawed and aaditional oppo tunity should be given for input. Councilmember Sisk stated that the only action he could support at this time Is to tabje the issue. Councilmember Vasiliou stated that tabling the issue, but questioned would change by remanding the issue A compromise of exempting existing which addresses many concerns* she originally aqreed with how the ordinance content to the Planning Commission. churches has been suggested Councilmember Ricker agreed that referring tte ordinance to the Planning Commission would serve no useful put -pose. Councilmember 11tur stated that he would support tabling the issue. MOTION was made by Councilmember litur, seconded by Councilmember Sisk, to table and refer the ordinance to the ORDTNANCE N0. 89-0? RELWINC TO PLACFS OF WORSHIP Item 8-A 0 Regular Council Meeting February 6, 1969 Page 36 Planning Commission for additional public input.. Mayor Schneider asked what the purpose was and what input was being solicited. Councilmember Sisk stated that the grandfather Issue could be addressed by the Planning Comrmission, as well as review of similar ordinances and the minimum anc maximum area requirements. Those standards should be balanced among all land uses. Mayor Schneider stated that on low density residential address maximum lot area o or R-3 districts. Motion to table failed, Vasiliou, and Ricker nays. the Planning Commission cnncencrated districts, and the ordinance does not r maximum impervious surface for R-3 71tur and Sisk ayes; Schneider NOTION was made by Mayor Scnneider, seconded by Councilmember Ricker, to amend the substitute motion to Include a maximum lot area for al) non -residence conditional uses In R-3 and R-4 districts of 40 acres, a maximum impervious surface of a!1 non -residence conditional uses In R-3 and h-4 districts of 60%, and maximum Impervious surface on all non-restlence conditloral uses in R -IA, R-18 and R-2 districts of 50%. Motion to amend carried, four ayes, Sisk nay. Substitute motion as once amended carried on 2, Roll Call vote, four ayes, Sisk nay. MOTION was made by Councilmember Sisk, seconded by Counctlmember lttur, to adopt RESOLUTION NO. 89 -?l APPROVING A CONDITIONAL USF PERMIT FOR CHRIST MEMORIAL LUTHERAN CHURCH (87117). Notion carried on a Roll Call vote, five ayes. NOTION was made by Councllmember Vasiliou, seconded by Councllmember ?itur, to adopt RESOLUTION N0. 851-72 APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND FINAL PLAI AND CONDITIONAL US[ PERMIT FOR PARKSRS LAKE NORTH FOR A MASTER SIGN PLAN AND FOR UNIT0 PROPI*R('LFS, INC. AND LAUKKA DEVELOPMENE COMPANY (88140) (MPUD E3-0, with the additional contiitlin that all stgnage be In compliance with the ordinance illumtnation 3 01141drds. Motion carried on a Roll Call vote, five ayes. RFSOLUTION N0, 99-11 COADITTONAt USF IT CHRIST MEMORIAL CHURCH 87117) Item *R -R RESOLUTION N0. 99-7? PLAN AMENDMENT FOR PARKFRS LAKE NORTE1 PUD g,4140) Item 9-C Regular Council Meeting February 69 1989 Page 37 NOTION was made by Councilmember Sisk, seconded by Councilmember Iitur, to adopt RESILUIION NO 69-73 AUTHORIZING RFDUCTION O SITE PERFORMANCE GUARANTEE FOR 1UPERIOR FORD INC. (b8130). Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember titur, to adopt RESOLUTION NO. SITE PERFORMANCE GUARANTEF- FOR 87116). Sisk, seconded by Councilmember 89-74 iUTHORIIINC REDUCTION OF FREFHANS INC. FOR PLT'T SHFLARD Motion carried on a Roll Call voti, five ayes. MOTION was made by Councilmember Sisk, Iltur, to adopt RESOLUTION N0, 99-75 SITE PERFORMANCE GUARANTEE FOR MIDWEST 87064)0 seconded by Councilmember 4UTHORIIINC RFn11CTION OF RR ICK AND SUPPLY COMPAW Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmembo!r 11tur, to adopt RESOLUTION N0. SIZE. PERFORMANCE GUARANTEE FOR 88052). Sisk, seconded by Councilmemher 99-76 AUTHORIZING IWOUCTION OF JIM WHRIEN FOR S(PK PAFIINERS Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Ccunellmember 11tur, to adopt RESOLUTION NO. 19-77 AUTHORIIING HELFASE OF SITE PERFORMANCE GUARAN I L L FOR CAL I Bk R DF VE: L OPME N T CORPORATION 88038). Motion carried on a Roll Call vote, five ayes. MOTION was -nade by Counc l !member Sisk, se!con.led by Councilmember 11tur, to adopt RESOLUTION NO. 89-78 AUTHOW INC RFIEASF Ot SITF PE:RFFOR14ANCE GUARANTEE FOR AMOCO OIL COMPANY ( 47015?). Motion carried on a Roll Call vote, five ayes. NOTION ~ as made ay Councilmember Sisk, seconded by Counellmember 11tur, to adopt RESOLUTION N0. 99-79 ORDFRINC PUBLIC HFARINC ON THE PROPOSED VACATION OF CERTAIN DRAINAGE AND UTILITY FASEMENTS WITHIN LOT 1, BLOCK 1, GROVES OFFICE PARK ?ND ADDITION. Motion carried on a Roll Call vote, five ayes. 0 Pf SOLUT It1N N0. A9 'i F114AHCTAL Ci i v,1N FF RFDUCTION SUPFRIOR FORD INC. 48110) Item *8-D-1 RFSOLUT ION NO. 89-74 F REDUCTION FREFMAN.-) INC. (17116) Item *v_n_4' RFSOLUT10N NO. 89-75 FINANCINI. Z11Ali iTl r RFDUCT ION MITIWFST NRICK & SUPPLY 47064) Item *4-D-3 RESOLUTION N0. 99-)0; HE DUC I ION JIM O'BNIE N/SCPK PARTNERSHIP 8805?) Item *441-4 RFSOL UIION N0. 49-77 II RE LF ASF CALIHFR DFV. CORP. 4+034 ) Item *44-1 REcOLUTION N0. R9-74 RFl F ASF 1MO+'0 OIL COMPANI 4,7W ) Item RFSC•LUTION NO. 99-79 DW HE Ak INC ON t ASt ME N1 VACATION GROW S OF F ICE PARK Nn A0nN. Item *84-1 Regular Council Meeting February 6, 1989 Psge 38 NOTION Was made by Councilmember Sisk, seconded by Councilmember Zltur, to adopt RESOLUTION N0. $9 80 ORUERINC PUBLIC HEARING ON AMENDING RESOLUTION NO. 77."S VACATING A POPTION OF LANCASTER LANE 9kTWEEN 8TH AVENUE NI1RT11 AND 1010. AVENUE NORTH* Motion carried on a Roll Call vote, five ayes. NOTION was made by Counellmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. A9-81 AUTHORIZING THE PURCHASr OF NINE 1989 MODEL POLICE PATROL VEHICLES. Mo.1on carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember 11•ur, to adopt RESOLUTION NO. 49-82 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - TYRELL EIGHTH ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-83 RECEIVING REPORT AND ORKRING PR03LCT - STREET LIGHTING TYRELL FIGHT14 ADDITION. Motion carried on a Roll Call vote, five ayes. Councllmember Sisk suggested that the City do everythinq Possible to create markets for source separated materials. MOTION was made by Courcilmember Sisk. seconded by Councllmember Vasiliou, to adopt RESOLUTION N0, 85+-54 AUTHORIIING MAYOR ANO CITY MANAGER TO LWER INTO A CONTRkCT WITH SUPER CYCLE, INC. FOR RECYCLING SERVICES. Motion carried on .i Roll Call %ote, five dyes. Asslstitht Manager Boyles presented a report on the current status, of courtesy benches in the City. He stated that 35 benches are currently 'c^ated in Plymouth and requests have been received for placement of additional benches. There is no current ordinance which regulates this use and the Council should provide direction on how to proceed with this issue. Rollie and Woody irnielson, 6209 Loch Moor 0i•lve, Minneapolis, represented U.S. BenLh Corporation. They stated that the primary function of courLeny benches to to serve the mass transit rider. A bench shouiJ never be, placed for strictly reasons of advertising. U.S. TleneN Curporation restricts many types of advertisers (linuor, tobdCCO, Nalltica,., etc.), as well as certain colors, reflective material, and messages to ensure public safety. U.S. Hench Corporation has a present policy naming the City as an additional insured for $1 million PFSOLUTIOH N0, 49-J0 KWIC ON VACAfIL`N OF PORTION OF LANCASTER L ANF Item •8-F-2 RESOLWON N0. 89-41 MMZM'-WSF OF POLICE VEHICLES Item *A -C RESOLUTION N0. 89-42 ND ORDER REPORT FOR STREP T LIGHTING - TYRF LL ATH AOPN. Item *4-H RESOLUTION No. A9 -A3 AF D ORDrR PROJECT FOR S f RFE T LIGHTING - TYRELL ATN ADDN. Item *S -H RESOLUTION N0. 89-A4 CT FOR RECYCLING srRVICt'S WITH SUPER CYCLE, INC. Item H -I Courtesy Hench Tssile Item A-0 a regular %*WWII Nbeting February 6, 1"9 Page 39 liability coverage. In the last 18 years, the company has only Nod one liability claim of significance. Mr. Daniels(in discussed maintenance, size and design of benches. Me encouraged the City to adopt an ordinance restriettnq and strongly regulating benches in the City. MOTION was made by Councilmember Sisk, seconded by Mayor Schneider to direct staff to prepare an ordinance which would set forth regulatory criteria for the installation and maintenance of courtesy bus benches. NOTION to amend the main seconded by Councilmember reason for placement of a advertising* motion was made by Mayor Schneider, Vaslliou, that the first and foremost b.,neh is bus rider use rather than for Notion to amend carried, five ayes. NOTION to ameid the lsain motion was made by Counellmember Ricker, seconded by Mayor Schneider, that the highest rated Insurance company be required for liability insurance coverage. Notion to amend carried, five ayes. MOTION to amend the main motion seconded by Councllmember Ittur, have the adjacent land owner's benche 2 0 was made by Mayor Schneider, that the company most always permission for placement of a Notion to amend earrled, five ayes. MAIN NOTION as aw-,nded three t lMes carried, five ayes. NOTION was made by Councilmember Sisk, scvonded by Councilmember 11tur, to adopt RESOLUTION NO. 89-95 DECLARING COST TO Bt ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1988 REMOVAL AND DESTRUCTION OF DISE:ASF'D TREES, ROLL 1. Motion carried on a Ro«l Call vote, five ayes. NOTION was made by Coupcilmember Sisk, seconded by Councilmember litur, to adopt RESOLUTION 140. 69-86 FOR PUBLIC W ARING ON PROPOSED ASSESSMENT, 1988 REMOVAL AND DESTRUCTION OF DISFASFD TREES, ROLL 1t Motion carried on a Rola Call vote, five ayes. RESOLUTION NO. 89-85 ON OF ASSFSSMENT FOR 1988 DISFASFI) Trt fl; Item *8-K RESOLUTION Ngo. 99-86 SETTING W A;r: ON ASST SSKI; NT FON 1988 DISrASFD TNII'S Item *S -k p" Regular Counall Ibeting February o, 1989 Page 40 MOTION was *ado by Councllweober Sisk, seconded DY Councilmember RESOLUTION N0. A9 -A7 21tur, to adopt RESOLUTION H0. 89-87 APPROVING TEMPORARY vy NWINIOXICATING LIQUOR LICCUSE for St. Mary of the Lake Church. "AN-INTOXICATINC LIQUOR LICFNSSt Notion carried on a Roll :all Note, five ayes. Item NA -L NOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. A9 -AA 2itur, to adopt RESOLUTION N0. 89-80 APPROVINC LAWFUL GAMQI_ ING XPPROVING LAWFIA. EXEIPTION F4R CHURCH OF ST. BARTHOLOMEW OF WAYZATA. CWLINC FXEMPTION Item *9-M Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Cable TV ilrograms for 11tur, to table proposed topics lot cable TV programs for 1959 1989 to February 27. Item g- N Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Councilmember Water Restriction Zitur, to table recommendation for 1999 water rCstrietlon Publicity for 19A9 publicity to February 27. Item 9-0 potion carried on a Roll Call vote, five ayes. MOTI014 was made by Councllmember Sisk, seconded by Counclimember RFSOLUTION We A^ A9 titur, to adopt Rt.SULUT [ON NO. 89-89 REVISING TNF tilts ACV RFVISIA REcHOMEMENT POLICY AND HOCEDURES. RFIMNURSFMFNT POLICY Item *8-P-1 Notloi carried on a Roll tall vote, five ayes. MOTION was made by Counellmember Sisk, seconded by Councilmember RESOLUTION N0, 89-90 11tur, to adopt RESOLUTION N0. 89-90 4EVISINC THE POLICY RFLATE D RFVTSTRC PWfCV '- TO THt ISSUANCE OF ON-SwiLF INTOXICATING LIQUOR LICENSES. RFLATINC TO ISSUANCt OF ON-SALV IHTJXTCAT - Motion caTrled on a Roll Call vote, five ayes. INC LIQUOR LIO NSIS Item *9-P-? Bob Burger, Pete Pflaum, ©ill Pritchard, represe.ntlnq the Plymouth Development Council, encouraged adoption of a proposed Policy Regdrdinq policy which would provided means by which a prospective Sketch Plans For de-veloper/land buyer can receive sketch plan approval, even Development In Areas th.4%ugh the property is not served by utllltles at the time Or not Served with appt'Utlon. Mr. Burger stated that the proposed policy Is a Utllitle s joint effort between t te Development Council and staff, Item R-0 responding to direction of the City Council. Attorney Thomson recommended minor changes to Condll'ton No. 14. Mayor Schneider asked if the policy d1dresses lnrurmatiun so the Council would be able to know what amenities are on a particular property. 8 0 Regular Council "voting February 6, 1989 Page ,1 f1Sll Manager Willis stated that general available to the City through aerial inventory is not Specifically required development process* Information would be photographs, but an at this point in the Mayor Schneider questioned whether the current 060 RPUD fee covers actual staff expense. It the development continues to the preliminary and final plat sti%ges, same costs may be recovered from the initial review; however, it the plan goes no further than the initial review, the City has incurred costs that may not be collected. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-91 AIDOPTINC POLICY REGARDING SKETCH PIANS FOR I.gVFLOPME1AT IN AREAS NOT SERVED WITH PUBLIC UTILITIES, with the amendment in Policy Item No. Sa "All applications for review end acceptance of sketch plans, including amendments thereto, scall be accompanied by the fee required In the City Code," and with direction to staff to draft an ordinance establishing the review fee as S1,000. NOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember Zitur, to amend Pollo:y Item No. 1O.e.6)t "Other exibits relating to land charactortstics that 1=ould be expected to affect the development within the sketch plan area, including significant natural features." Mayor Schneider stated that significant natural features would Include tree stands, wetlands, marshes, and other natural features. Motion to amend carried, five ayes. Main motion as once amended carried on a Roll Call vote, five ayes. RESOLUTION N0. 89-91 SKETCH PLANS FOR DEVELOPMEHT IN ARFAS NOT SERVED WITH PURLIC UT IL I T IFS Item 9-0 Manager Willis statod that Hennepin County is preparing to sell Acquisttion of Henne. the former superintendent's home on the Workhouse site. He pin County Supt, home recommended that the Council authorize staff to negotiate with on Workhouse Site Hennepin County to acquire they property with funds enmInq from Item R -R the Commminity Parks Account of the Parr Dedication Fund. The sales price is $170,000. Direvtor Blank stated the property would be incorporated Into Parkers Lake Pdrk, and could not necome a "private park" for Mallard Point. The Council discussed the sales prtQe and potential buyers for the property. u Regular Councl1 Meet Ing February 6, 1969 Page 62 Coutellojober Vasillou noted that the City has evade a 60k tantlal commitment of $ 1,4159629 at this location for Para+: r1% take Park. H01100 •as made by Mayor Schnelder, seconded by Councilmember Ricker, to adopt a resolution authorizing acquisition of the Ibnnepin County Workhouse Superintendent's home, at a cost not to exceed $100,000. SMSTITUTE NOTION was made by Councilmember Ricker, seconded by Councilmoober titur, that an appraisal be made by an independent firm before proceeding with negotiation and acquisition. Substitute motion carried, four ayes, Vaslllou nay. MOTION was made by Councilme-Nber Sisk, seconded by Councllmember Iitur, to adopt RESOLUTION NO. 89-92 APPROVING CHANGE ORDER N0. 29 MHSIRUCTION OF FIRE STATION NG. 3, CITY PROJEC-t NO. 615. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember iIitur, to adopt RESOLUTION N0. 89••93 AMENDMENT TO PRIVATE' DEVELOPMENT AGREEMENT BETWEEN SECOND RNWNL LIMITED PARTNERSHIP AND THE CITY OF PLYMOU111. Notion carried on a Roll Call vote, five ayes. Director Blank recommended that the Council order a preliminary design report for West Medicine Lake Drive Trail from .'6th Avenue to 23rd Avenue. Art Enkers, representing West Medicine Lake Community Club, requested that someone attend a meeting of the Club to explain the proposal. Director Blank %Rlll arrange a speaker for an upcoming mee1.inq of the Club. Councilmember Ricker questioned why the City would procesad prior to the Club meeting. Manager Willis stated that this design would only in -.ludo the northerly portion of the trail. MOTION was made by Councilmember Sisk, seconded by Counellmember Iltur, to adopt RESOLUTION N0. 89-94 ORDERING PRELIMINARY DESIGN REPORT - WEST MEDICINE LAKs: DRIVE TRAIL. Motion carried on a Roll Call vote, four . ayes, Vasillou nay, Y RESOLUTION N0. 89-9? FIRE STATJOH NC. 1 Item *A -S RESOLUTION N0. 89-93 Aft-INDMM TO PR E' DEVFLOPMENI' CONIRkCI RN'NNL LTo, PARTNERSHIP Item *A -T PFSOLUIION N0. 89-94 QRDUR PRFL. nFSTCN RLPORT, WEST Mfl)[C[NI LAKE DRIVE (HAIL Item 9-A i Regular Coincil "oetfng February 6, 1989 Page 43 MOTION was made by Coune:ilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-95 APPROVING THE TRANSFER OF FUNDS FPON THE GENERAL FUND TO THE PUBLIC FACILITIES FUND. Motion carried on a Roll Call vote, five ayes. HOT ION was made by Counellmember Riwker, seconded by Councilmember Z:tur. to adept RESGLUIION N0. 89-96 APPROVING THE RESERVATION OF FUNDS WITHIN THE WATER FUND FOR WAVER METER REPLACEMENT. Motion carried on a Roll Call vote, five ayes - NOT ION yes. NOTION was made by Co.encilmember Ricker, seconded by Councilmember l.itur, to adopt RESOLUTION NO. 89-97 DIRECTING THE PREPARATION AND EXECUTION OF A CONTRACT WITH MORLEY BUS COMPA11Y FOR THE PROVISION OF DIAL -A -RIDE SERVICES FOR THE CITY OF PLYMOUTH. Nation carried on a Roll Call vote, five ayes. NOTION was made by Councilmemer Sisk, seconded by Councilmember titur, to table discussion of basketball hoops in street right-of-ways to February 27. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmembtr Sisk, seconded by Councllme mbnr litur, to table Public and Capital Improvement Project Status Reports to February 27. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by CountIlmember lltur. to table Quarterly Status Reports for Insurance Claims and P;%ndinq Civil litigation to February ?7. Notion carried on a Roll Call vote, five ayes. NOTION was made by Counc i lmembe r Sisk, se conued by Councilmember Zltur, to table Project Close -Out Report to i'ebruary :i. Notion carried on a Roll Call vote, fives ayes. MOTION was made by Councllmember Sisk, seconded by Couneilmember litur, to adopt OPOINANCE NO. R9-03 RFLATINC TO THl ADMINISTRATIVE CODE, HOARDS 4ND COMMISSIONS AMENDING SURSI C T ON 305.03, SUED. 2 AND SUBSECTION 305.05, SURD. 2 OF 111f PLYMOUTH CIIY CODE , which revises she length of Pl.onr inq Cummtsslon and Park and Recreation Advisory Commission teems to tWO years. RESOLUTION N0. 89-95 MOVING (H FUNDS Item 9-B RESOLUTION NO. 89-9f APPRUT ' vIMMOF FUNDS Item 9-R RFSOLUTION NO. 89-97 APPROVAL OF I) •A - RIDE SE'RVICE'S Item 9-C Basketball (bops In Right of ways Item 9-D Public and Capital Imp roveme,-It Project Status Reports Item 9-F Quarterly Status Repui-t -, for Insurance and Litigation Item 11-F Project C103:4-Oiit Report Item 9-C ORDINANCE N0. 89-03 COMM I SS ; ONURS tem *9-H U Regular Council Heating Febnmry 6, 1969 Paye 44 Notion carried on a Roll Call vote, five ayes. NOTION was made by Mayor Schneider, seconded by Counellmemoer Sisk, to adopt RESOLUTION NO. 89-9a APP0114FWPOTS 10 BOARD OC ZONING ADJUSTMENTS AND APPEALS. Notion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councllmember Sisk, to adopt RESOW11004 N0. 89-99 APPOIH!WNT TO HOUSINC AND REDEVELOPMENT AU' i ft,0 1 1 . Notion carried on a Rolt mall vote, five ayes. NOTION w43 made by Mayor Schneider, seconded by Cousicilmember Sisk, to adopt RESOLUTION N0. 89-100 APPOIWIWNTS TO PLANNING CONMIISSION. Notion carried on a Rall Call vote, f ivc .lyes. NOTIJN was made by Mayor Schneider, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 89-101 AP4'0IN1WNTS TO PARK AND RECREATION ADVISORY COMMISSION. Is Mottoot carried on a Roll !:all vote, five .:yes. Mayor Schneider made the following appolntments of Commission Chairs and Vice Chairs: Planroing Coww.:..slon: Richard G. Plufka, Chatr Michael SSulhtrq, Vice Chair Park 8 Recreation Advisory COMMtsslon: Barbara F•dwards, Chair Judy lalour, Virg* Chair Board of Zoning Adjustments and Appeals: Kenneth Anr4eeson, Chat.- Jay hairJayHaftrger, Vice Chair NOTION was made by Counctlmemher Sisk, seconded by Counetlo-ember 11tur, to table cgnslderation of a position write-up for Commissioners, Item 9-3, to February 27. Notion carried on a Roll Call vote, five ayes. The meeting WA % adjourned at 1:40 a.m. 0 ty lark RESOLU!10N N0. 49--9A APPOTHWITS RD OF IONINI: ADJUSTHENTS AND APPFALS Item 9-I RFS U!! IQ!! 400 89-9e I . IRWNC AND 110FVF.LOPME•N1 AUINORITf Item 9-I OFSOLUTI04 NO. 89-100 APPOINTWRTS PLANNING COMPASSION Item 9-I MOLUT IAN NO. A9-101 NNW SI i -P;%K AND RECRF. 4 T ION ADVISORY COt4Pt !sIr' J IN Item 5-1 Atipoincments of 00drd and CtlmmiSSIon Cb. 1ui s .end Vice Chairs Item 9-I Poslt!on Wrtto-i!p for Commissioners Item 9-J e