HomeMy WebLinkAboutCity Council Minutes 08-06-1990MINUTES
REGULAR COUNCIL MEETING
AUGUST 6, 1990
The regular meeting of the Plymouth City Council was
called to order by Mayor Hcrgman at 7:00 p.m. in the
Council Chambers of the City Center. at 3400 Plymouth
Boulevard on August 6, 1990.
PRESENT: Mayor Bergman, Councilmembers Helliwell,
Ricker, Vasiliou, Zitur
ABSENT: None
STAFF PRESENT: City Kinager Willis, Assistant
Manager Boyles, Community Development Director
Treu-ore, Public Works Director Moore, City Attorney
Thomson, and City Clerk Rauenhorst
Mayor Be -groan presented a plaque of appreciation to Kani Win Ga Camp
members of the Kani Win Ga Camp Fire group for Fire
ervice to the City o%ir the last 13 years. Item 4-A
arry Bakken, President of the Association of AMM
Metropolitan Municipalities (AMM), informed the Item 4-B
Council of a proposed dues increase. Under the
proposal, membership dues for the City of Plymouth
would increase from $5,310 to $6,333 in 1991. He
staced the increase will allow the AMM to be more
vroactivoN and establish a stronger one-on-one
lobbying presence.
Versa Peterson, Executivo Director of the AMM,
described achievements of the AbIM over the last
year, as well as the future organizational goals.
Re stated the AMM dues are very reasonable compared
to similar organizations, and cited the CoalitiGn of
Greater Minnesota Cities a3 an example.
Councilmember Vasiliou expressed concern about the
dues increase being in the range of 20-25%. She
stated growing cities like Plymouth are charged more
than their fair share when a per capita fee basis is
used. She also expressed concern that there may be
redundancy with other organizations in loobying
efforts.
Regular Council Mooting
August 6, 1990
Page 287
Mr. Peterson stated the dues increase was
originally proposed in the 20-251 range. That
hair boon reduced to 14%, excluding inflation.
The formula is based on the League of Minnesota
Cities fee structure, and Plymouth is not
unfairly charged because the 1980 census data is
still used for determining the fee. He noted
several successful lobbying efforts of the Arm! in
the last legislative session.
Councilmember Zitur stated he does not like the
fee increase; however, he will support groups
that lobby on the property tax situation to the
advantage of the City of Plymouth.
In response to a question by Councilmember
Vasiliou, Manager Willis stated the AMM
membership dues will be presented to the Council
for consideration with the 1991 proposed budget.
George Watson, Brauer and Associates, presented
the schematic plan for Bass Lake Playfield.
Mayor Bergman asked if elevation problems had
been encountered. Mr. Watson said yes, but all
problems have been resolved. He described the
elevation of the proposed facilities on the site.
Councilmember Vasiliou asked what exterior
building material is proposed. Mr. Watson stated
burnished block with tile accent is probable, but
the final decision will depend on the budget. If
the Council approves the schematic plan, options
for the exterior will be recommended for Council
consideration in the final plans. Councilmember
Helliwe`l stated the exterior should blend well
with the adjacent residential neighborhood.
Councilmember Vasiliou stated she wants to see a
functional building with low maintenance. She
asked about the bidding process.
Mr. Watson stated contractor estimates will be
used to determine the engineer's estimate for the
project. This estimated cost is provided to
Parkers Lake and
Sass Lake
Playfields
Schematic Plans
Item 4-C
0
Regular Council Pseeti<<g
August 6, 1990
Page 288
bidders upon request,
process will be used.
and a formal bidding
Councilmember Vasiliou questioned whether the
process is truly competitive when estimates are
provid6d to potential bidders. Councilmember
Zitur agreed that vendors then know how much the
City has to spend and the bids are submitted to
that estimate.
Mr. Watson stated he will not disclose the
construction estimates for the playfield projects
to potential bidders if directed by the Council.
Director Moore stated the project cost estimates
are contained in the City's Capital Improvement
Plan.
Mr. Watson presented the schematic. plan for
Parkers Lake Playfield.
Covncilmember Vasiliou expressed concern with the
removal of one tot lot from the proposed plan.
Councilmember Zitur and Helliwell agreed that the
additional tot lot is needed.
Mr. Watson explained that the tot lot was removed
in order to provide for a safety zone adjacent to
other facilities such as the soccer field.
Mayor Bergman suggested that screening be used
between the soccer field and tot lot to
accomplish the safety needed.
Park Superintendent Peterson stated that a
neighborhood park including a tom lot may be
proposed to the north of Parkers Lake in the
future.
Councilmember Vasiliou stated ttie future
neighborhood park may be planned but may not be
approved for construction.
Manager Willis stated the consultant will return
with a revised schematic plan for ParkerP Lake
which will include a tot lot on the nor_h end of
the site.
Regular Council Meeting
August 61 1990
Page 289
Courcilmembers discussed the bidding options.
Director Moore suggested that the projects be bid
with three alternates: Bass Lake Playfield only,
Parkers Lake Playfield only, and a combined bid
for both projects. The City may realize savings
from the combined bid for a larger project.
Councilmctmber Ricker urged the Council to support
construction of a fence along County Road 6 for
safety reasons.
Councilmeiaber Vasiliou asked about the proposed
trail widths. Mr. Watson stated a 10 foot trail
is proposed at the Bass Lake Playfield. The
proposed :rail width at Parkers Lake Playfimld
would vary in areas from 6 to 12 feet. The wider
trails aro used by park maintenance vehicles,
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to approve the
preliminary schematic plans for Bass Lake and
Parkers Lake Playfields and to direct staff to
proceed with preparation of plans and
specifications, subject to Council review of a
revised schematic plan with the additic,n of a
se4ond tot lot on the north end of the F arkers
Lake site and fencing along County Road 6.
Motion carried, five ayes.
CAUSA It Agin"
Item 8-T-1 was deferred to the August 20 meeting
an requested by the staff and affected property
owner.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to approve the
Consent Agenda.
Motion carried on a roll call vote, five ayes.
MiMA&A
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to approve the
minutes of the July 16, 1990, meeting.
Motion carried on a roll call vote, five ayes.
11
Consent
Item 3
Minutes
Item *6
Agenc'a
Regular Council Meeting
August 6, 1990
Page 290
Mayor Bergman opened a public hearing on the
application of Warrior One d/b/a The Gym, 2855
Glacier Lane, for an on -sale nonintoxicating
liquor license at 7:23 p.m.
Manager Willie presented the staff report. He
stated the Public Safety Director has recommended
denial of the license based on the police
investigation. Manager Willis stated there Mao
an outstanding warrant which the applicant
satisfied earlier in the day, as well as a
previous license revocation.
Jim Yungner, the applicant representing Warrior
One, stated it is his opinion that his previous
license was not revoked. It was not renewed due
to deiinquent payment of property taxes. He
stated the property taxes are now current and the
outstanding warrant has been satisfied.
Attorney Thomson stated the past delinquent
payment of property taxes is one issue the
Council can consider for this license
application. He stated the Cotincil has
discretion in this situation to approve or deny
the license request.
Councilmember Vasiliou stated that juveniles use
Nor. Yungner's facility. She asked how he ensures
that juveniles are not served alcohol.
Mr. Yungner stated he knows the ages of his
customers and juveniles are not served.
As, tont Manager Boyles stated one concern of
th, rublic Safety Director was that the traffic
warrant on Mr. Yungner had been outstanding since
1989.
Mr. Yungner stated he was unaware the warrant
existed until the investigation for his liquor
license was conducted.-
Mayor
onducted.
Mayor Bergman closed the hearing at 8:30 p.m.
Regular Council Meting
August 6, 1990
Page 291
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO.
90-449 APPROVING ON -SALE NONINTOXICATING LIQUOR
LICENSE FOR WARRIOR ONE.
Motion carried on a roll call vote, four ayes;
Vasiliou nay.
Co%mcilmember Vasiliou indicated that her no vote
was due to her concern about availability of
liquor to juveniles.
Mayor Bergman opened a public hearing at 8:31
p.m, on vacation of a portion of the drainage and
utility easement within Lot 6, Block 3, City View
Acres 2nd Unit. No one appeared for the hearing.
The hearing was closed at 8:31 p.m.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-450 AUTHORIZING THE VACATION OF
DRAINAGE AND UTILITY EASEMENT IN LOT 61 BLOCK 3,
CITY VIEW ACRES 2ND UNIT.
Motion carried on a roll call vote, five ayes.
Mayor Bergman opened a public hearing at 8:33
p.m. on vacation of drainage and utility easement
and drainage easement for ponding within Outlot J
Parkers lake North 2nd Addition. No one
appeared. The hearing was closed at 8:33 p.m.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-451 AUTHORIZING THE VACATION OF DRAINAGE
AND UTILITY EASEMENTS AND DRAINAGE EASEMLNTS FOR
PONnING PURPOSES IN OUTLOT J - PARKERS LAKE NORTH
2ND ADDITION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
N0. 90-•452 SETTING CONDITIONS TO BE MET PRIOR TO
FILING OF RESOLUTION NO. 90-451 VACATING THE
DRAINAGE AND UTILITY EASEMENT AND DRAINAGE
EASEMENT FOR PONDING OUTLOT J - PARKERS LAKE
NORTH 2ND ADDITION.
Motion carried on a roll call vote, five ayes.
EMSOLUTION 90-449
APPROVING ON -SALE
ONINTOXICATING
LIQUOR LICENSE FOR
WARRIOR ONE
Item 7-A
8E QLUTION 90-450
VACATION OF
EASEMENT
IN CITY VIEW ACRES
2ND UNIT
Item 7-B-1
8&SQ10TION 90.-451
VACATION OF
EASEMENTS IN
PARKERS
LAKE NORTH 2ND
ADDITION
Item 7-B-2
PZSQLUTIQN 90-4.52
SETTING CONDITIONS
TO BE hiET PRIOR TO
FILING RESOLUTION
90-451
Item 7•-B-2
Regular Council Meeting
August 6, 1990
Page 292
MOTION was made by Councilmember Vas I iou,gQ1,,UTiON g0-q 3
seconded by Councilmember Zitur, to adopt APPROVING AMENDED
RESOLUTION NO. 90-453 A'0FROVING AMENDED SITE SITE PLAN, CUP AND
PLAN, CONDITIONAL USE PERMIT, AND ZONING VARIANCE FOR
ORDINANCE VARIANCE FOR BRADLEY H. WHITE FOR GLEASON
GLEASON NORTHSHORE" (90040). NORTHSHORE (90040)
Item *8-A
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, H;SOLUTION I -454
seconded by Councilmember Zitur, to adopt APPROVING LOT
RESOLUTION NO. 90-454 APPROVING LOT DIVISION/
DIVISION/CONSOLIDATION FOR BRADLEY H. WHITE FOR CONSOLIDATION FOR
GLEASON NORTHSHORE" (90040). GLEASON NORTHSHORE
90040)
Motion carried on a roll call vote, five ayes. Item *8-A
MOTION was made by Councilmember Vasiliou, USOLu_TI-W-K-_451
seconded by Councilmember Zitur, "to adopt SETTING CONDITIONS
RESOLUTION NO. 90-455 SETTING CONDITIONS TO BE TO BE MET PRIOR TO
MET PRIOR TO FILING OF AND RELATED TO LOT FILING (90C40)
DIVISION/CONSOLIDATION FOR BRADLEY H. WHITE FOR Item *8-A
GIZASON NORTHSHORE" (90040).
Motion carried on a roll call vote, five ayej.
MOTION was made by Councilmember Vasiliou,
seconded by Coun^ilmember Zitur, to adopt
RESOLUTION NO. 90-456 APPROVING LOT CONSOLIDATION
FOR LAUKKA-WILLIAMS DEVELOPMENT COMPANY FOR
PARKERS LAKE 3RD ADDITION" FOR PROPERTY LOCATED
AT 15610 17TH PLACE NORTH (90043) (RPUD 83-1).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-457 SETTING CO'IDITIONS TO BE
MEAT PRIOR TO FILING OF AND RELAT'D TO LOT
CONSOLIDATION FOR LAUKKA-WILLIAMS DEVELOPMENT
COMPANY FOR "PARXERS LAKE 3RD ADDTTION" FOR
PROPERTY LOCATED AT 15610 17TH PL C"*E NORTH
90043) (RPUD 83-1).
Motion carried on a roll call vote, five dyes.
MaQW719K 2U-456
APPROVING LOT
CONSOLIDATION IN
PARKERS LAKE 3RD
ADDITION (90043)
Item *8-B
RMQL. IQN_ 94-457
SETTING CONDITIONS
TO BE ME'.' PRIOR TO
FILING (90043)
Item *8-B
Regular Council Meeting
August i, 1990
Page 293
Community Development Director Tremor* stated
that because of the City's papulation growth,
Plymouth is eligible to be designated a
Metropolitan City". This would recognize the
City as an entitlement City eligible to transact
directly with HUD with respect to Community
Development Block Grant (CDBG) funds and
programs. Director Tremere stated several
potential advantages of accepting the deeignati n
hmve been identified. There axe no apparent
disadvantages. The Housing and Redevelopment
Authority has recommended that the Council accept
this designation.
MOTION was made by Councilmember Zitur, seconded
by Courcilmember Vasiliou, to adopt RESOLUTION
NO. 90-458 DIRECTING TRANSMITTAL TO DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT AND HENNEPIN COUNTY
REGARDING DESIGNATION AS "METROPOLITAN CITY" FOR
PURPOSES OF COMM1JNITY DEVE"LOPMENT BLOCK GRANT
PROGRAM.
Motion carried on a roll call vote, five ayes.
Director Moore requested direction from the
Council on whether the City should make an
application to the Department of Natural
Resources to modify they permit for the
constructi:+n of Schmidt Lake Road in order that a
berm can be constructed along the south,'rly
right-of-way, as petitioned by the four adjacent
property owners. The construction of the berm
would require additional permanent encroachment
in the wetland.
Tim Ferrara, 10410 49th Aven•ie North, stated he
purchased his property in 1989 because of the
adjacent wetlands. He is opposed to the berm
because there would be further destruction of the
wetlands. A berm may also cause safety problems
and change the existing drainage patterns.
Mr. Ferrara suggested that trees could provide
the same separation as a berm between the road
and adjacent homes. He stated a berm is being
planned on the abutting Graham ptrcel.
Councilmember Vasiliou asked staff if the Graham
proposal includes a berm.
RESOLUTION 94-458
ACCEPTING
DESIGNATION AS
METROPOLITAN CITY
FOR CDBG PROGRAM
Item 8-C
Petition for Berm
along Schmidt Lake
Road
Item 8-D
Regular Council Meeting
August 6, 1990
Page 294
Director Moore stated the preliminary plat
previously approved by the Council did not
propose a berm.
Larry Geyerman, 10400 49th Avenue North, stated
he doewn't care whether or not the berm is
installed because it does not affect his
property. He suggofted that homeowners' privacy
and land values could be maintained through the
use of fencing or •,-ragatation. Mr. Geyerman
stated that if a berm were installed, the
drainage pattern would change. He would be
willing to allow the ponding of water resulting
from this change to occur on his proRzrty if
compensated.
Jim Campbell, 10500 49th Avenue North, spoke in
favor of the berm. He stated the berm would
deflect vehic`.s lights and property values would
be maintained. Mr. Campbell stated another
oF:ion would be inatalletion of a fence.
Councilmember Vasiliou asked if the City a4reed
to a berm as part of the settlements with
property owners along Schmidt Lake Road.
Atr.arney Thomson responded that a berm was not
ncInded in any of the settlements.
Cha. -les Ekstrum, 10430 49th Avenue North, spoke
in favor of the berm to ,alleviate the potential
noise problem from vehiclos along Schmidt Lake
Road. Mr. Ekstrum atatei that the adjacent
developer, Mr. Graham, indicated that he is goinq
to propose a berm on both sides of Schmidt Lake
R.jad adjacent to his development. Mr. Ekstrum
stated the DNR will not allow individuals a
permit for encroactment into the watland to
construct a berm, that is why f -1--.a City is being
requested to apply fox a permit.
Councilmember Vasiliou asked what the size and
coat of the propo&ed harm wou'.d be.
Director Moore stated the ;germ would be four to
five feet high and ex*ena about 300 feet along
the four lots, with a total width of about 30
feet. HG could not provide a cost estimate for
Regular Council Meeting
August 6, 1990
Page 295
the ps^fect without receiving an engineer's
estimrtd .
Marge Runnakko. 10440 49th Avenue north, was in
favor of the berm. She asked if Schmidt Lake
Road is going to connect with I-494 and stated a
berm is needed for protection from the vehicle
lights and noise.
Director Moore stated the City's Thoroughfare
Guide Plan shows the need for a future
interchange at Schmidt Lake Road and I-494.
Bob Mattson, 10420 49th Avenue North, stated he
supports the berm to protect property owners from
vehicle noise.
In response to a question by Councilmember Zitur,
Director Moore explained that the City received a
permit for temporary encroachment in order to
construct Schmidt Lake Road. The DNR permit
would have to be amended in order to have
permanent encroachment for a berm.
Councilmember Helliwell stated it is unreasonable
to require the property owners to maintain ,-.r.
property adjacent to the road if a berm is not
installed. Some owners would have to go from
their homes on 49th Avenue to Saratoga Lane and
back on Schmidt Lake Road in order to maintain
the rear of their property.
Mayor Bergman stated there are similar
maintenance situations in the City. He stated he
would like to do something for noise abatement in
this situation.
Councilmember Vasiliou questioned how this
situation differs from other developments in the
City where the homeowners or developer handle
noise abatement through p?antings or fences. She
stated approval of a berm in this situation could
set a precedent for future similar requests.
Councilmember Ricker stated he would like to do
everything possible to mitigate the negative
effects of the road, but he is not in favor of a
berm.
0
Regular Council Meeting
August 6, 1990
Page 296
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to not apply for a permit
to allow construction of a berm along the
southerly right-of-way adjacent to four
properties on Schmidt Lake Road. Staff is
directed to meet with the neighbors to find an
alternative solution to mitigate the effects of
the road.
Motion carried, rive ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-459 AUTHORIZING EXECUTION OF A
SUBRECIPIENT AGREEMENT AS A PART OF THE JOINT
COOPERATION AGREEMENT WITH URBAN HENNEPIN COUNTY
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM YEAR XVI.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-460 APPROVING LOT DIVISION AND
VARIANCE FOR RICHARD CHOUINARD FOR PROPERTY
LOCATED AT 2120 LANCASTER LANE NORTH (90048).
Motior carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zititr, to adopt
RESOLUTION NO. 90-461 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION AND VARIANCE FOR RICHARD CHOUINARD FOR
PROPERTY LOCATED AT 2120 LANCASTER LANE NORTH
90048).
Motion carried on t roll call vote, five ayes.
RESOLUTION 90-459
AUTHORIZING
AGREEMENT WITH
HENNEPIN COUNTY
FOR
CDBG PROGRAM
Item *8-E
U20LUT ION I"- fig
APPROVING LOT
DIVISION .AND
VARIANCE FOR
RICHARD
CHOUINARD
90048)
Item *8-F
RESOLUTION 90-9fil
SETTING CONDITIONS
TO BE MLT PRIOR TO
TILING (90048)
Item *8-F
1E
Regular Council Meeting
August 6, 1990
Page 297
NOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-452 APPROVING AMENDED RPUD
PRELIMINARY PLAN/CONDITIONAL USE PERMIT ANL FINAL
SITE PLAN FOR CSM CORPORATIOA FOR "BASS LAKE
HILLS" (90054) (RPUD 88-5).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-463 APPROVING LOT DIVISION AND
VARIANCE FOR JOANNE SCOHULER FOR PROPERTY LOCATED
AT 2355 HEMLOCK LANE AND V56 IVES LANE (90055).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-464 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION AND ZONING ORDINANCE VARIANCES FOR
JOANNE SCHULER FOR PROPERTY LOCATED AT 2355
HEMLOCK Lr1NE AND 2356 IVES LANE (90055).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-465 APPROVING PRELIMINARt PLAT
FOR VERN REYNOLDS CONSTRUCTION COMPANY FOR "BASS
LAKE TERRACE" (90050).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
ORDINANCE NO. 90-23 AMENDING THE ZONING ORDINANCE
TO CLASSIFY LANDS LOCATED EAST OF I-494 AND NORTH
OF THE SOO LINE RAILROAD AS R-2 (LOW DENSITY
MULTIPLE RESIDENCE) DISTRICT.
Motion carried on a roil call vote, five ayes.
8ESO UTIO 462
APPROVING AMENDED
RPUD PREL.
P LAN / CUP
AND FINAL SITE
PLAN
FOR BASS LAKE
HILLS
90054) (RPUD 08-
5)
Item *8-G
RESQLVTIQN 90-463
APPROVING LOT
DIVISION AND
VARIANCE FOR
JOANNE
SCHULER (90055)
Item *8-H
RESQLUTION 9Q-.464
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING (90055)
Item *8-H
RESOLUTION 90-465
APPROVING
PRELIMINARY PLAT
FOR
BASS LAKE TERRACE
90050)
Item *8-I
OnINMU 90--23
AMENDING THE
ZONING
ORDINANCE FOR BASS
LAKE TERRACE
90050)
Item *8-I
0
Regular Council t4eeting
August 6, 1990
Page 298
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-466 SETTING CONDITIONS TO BE
MET PRIOR TO PUBLICATION OF ORDINANCE REZONING
LAND FOR VERN REYNOLDS CONSTRUCTION COMPANY FOR
PASS LAKE TERRACE" (90050).
Motion carried on a roll call vote, five ayes.
Community Development Director Tremere stated the
ilanning Cot•mission, on a unanimous vote,
recommended approval of the request of Rya.i
Construction Company to amend the Land Use Guide
Plan changing the classification of an
approximate 1.2 acre parcel at Waterford Plaza
from CL (Office Limitdd Business) District to CS
Service Business) District. Staff recommended
denial of the Land Use Guide Plan amendment on
the basis that the existing CL District Guide
Plan meet9 the locational criteria of the Land
Use Guide Plan for this location better than the
proposed CS District classification. The CL
District land use classification is the preferred
designation for "gateway" locations of Ghe
community. He stated the original PUD Plan did
not contemplate CS uses in this location. That
Plan served as the basis for the Council's
approval of Tax Increment Financing for
improvements related to the project.
Direct -or Tremere stated the Guide Plan Amendment
requires a 4/5 votA. He suggested the Council
first consider that request and, if approved,
then consider the balance of the application.
Director Tremere responded to questions about the
site plan that the proposed plans provide for
side yard setback dimensions less than the
Ordinance standarc s. While assign flexibility is
available with a PUL, theOrdinance requires a
showing of corresponding design attributes in
exchange for flexibility. Thi Planning
Commission made a condition of the plan and plat
approval that the lot created for the restaurant
be 16 feet wider in the east -west dimension so
that no Zoning Ordinance sotback deviations are
required. Also, the zoning of LhA development
would permit the restaurant in the shopping
center itself as an alternative.
PZ30LUTION 90-06
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING (90050)
Item *8•-I
Ryan Construction
Requests to Allow
Arby's at
Waterford
Plaza
Item 8-J
Regular Council Meeting
August 6, 1990
Page 299
Bill McHale, 900 2nd Avenue, Minneapolis,
presented the request of Ryan Construction. Mr.
McHale showed pictures of the proposed
restaurant. He stated this is an appropriate use
of this property and fits the "gateway" image.
Mayor Bergman asked Mr. McHale to explain the
setback dimensions.
Mr. McHale stated the overall open space
requirement for the si-c* is exceeded. They are
proposing this plan in order that the restaurant
and a future adjacent building could share a
parking lot. He stated there would be 16' of
green space until the future building and balance
of the parking lot is constructed. The Zoning
7rdinance allows for shared driving and parking
areas.
Director Tremere agreed that shared parking is
allowable, however, an entirely different parking
and driving configuration may be needed with a
future adjacent development. The feasibility of
a shared parking lot should be proven %lien the
future development is proposed. Meanwhile, each
site should support the development proposed on
the site; the ordinance assumes that is the care
before shared parking and driving are allowed.
Attorney Thomson stated that if the Council does
not want to require relocation of the property
line, as recommended, Condition 7 should be
deleted in the resolution approving the amended
MPUD Preliminary Plan/Plat and substituted with a
requirement for a written agreement as to the use
of the 16 feet.
Councilmember Vasiliou stated she supports the
Planning Commission recommendation on the guiding
because it allows the flexibility aspect of the
PUD to be used. She stated that over 50% of
fast food" restaurant business 13 usually
through the drive-through service; therefore,
this use would not work in a shopping center.
Councilmember Vasiliou stated she feels the ITT
office buildings more than meet the City's
desired "gateway" image. She supported the
petitiorer's request on the site plan and noted
Regular Council Meeting
August 6, 1990
Page 300
that the Council would have the option of denying
the future shared parking request when the
adjacent development proposal is made.
Councilmember Zitur stated he will not support
the request because he does not believe a fast
food establishment is appropriate for TIF
projects *
Mr. McHale stated TIF was originally proposed to
accommodate the office buildings. Even though
this site is in the district, there ie no TIF
benefit spwcifically directed to the restaurant
project.
Councilmember Ricker stated the setback issue
could be resolved later and the City's interests
could be covered by the agreement offered by the
petitioner and referenced by the Attorney.
The Mayor stated the proposed use was not an
abuse of TIF.
MOTION was made by Councilmember Vasiliou,
jeconded by Mayor Bergman, to adopt a resolution
entitled: RESOLUTION APPROVING LAND USE GUIDE
PLAN AMENDMENT FOR RYAN CONSTRUCTION COMPANY FOP.
WATERFORD PARK PLAZA 2ND ADDITION" LOCATED AT
THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND
REVERE LANE (90052) QeUD 86-1),
Motion failed for lack of a 4/5 vote: Vasiliou,
Ricker, Bergman ayes; Helliwell and Zitur nays.
The City Attorney summarized the reasons for
denial:
1. The existing classification (CL) is mote
responsive than the proposed classification
CS) to the locational characteriptics of the
site, specifically the "gateway"
charai%teristic .
2. Nc lack of developed or undeveloped land of
the CS classification has been demonstrated.
3. Existi.g developed and undeveloped land in
the CS and CR classification will be
negatively affected by this reclassification.
0
Regular Council Meeting
August 6, 1990
Page 301
Councilmembers Zitur and Helliwell concurred.
Community Development Director Tremere stated the
Planning Commission unanimously recommended
appzoval of the request of Lowry Hill Development
Company for amendment to the Sanitary Sewer
Zlement of the Comprehensive Plan to relocate
land in the northeast quadrant of Holly Lane and
1County Read 9 from one sewer district to another
90056). Staff recommends denial on the basis
that no need exists for additional land to be
serviced beyond the area that will bo serviced in
the 1990 trunk sewer extension progrzan. Staff
recommends denial on the finds this request to be
a circumvention of the City's Capital
Improvements Program process, and is not the
result of unique site characteristics.
Rick Sabhre, Sathre-Bergquist, Inc., represented
Lowry Hill Development Company. He presented the
request to Trove about 38 acres at Holly Lane and
County toad 9 from Sewer District NW -18 to Sewer
District NW -17, and to permit access to the
Metropo'itan Waste Control Commission Medina
Interceptor trunk sewer. Mr. Sathre stated that
until recently this area was outside of the
City's Urban Service Area. City approval of this
regv.est would allow development in thij area
without the expenditure of money for City trunk
lines until further deoalopment occurs.
Public; Works Director Moore recommended that the
Council designate responsibility for construction
and payment of the sewer if the request is
approved. He recommended that the trunk sewer be
extendad prior to conAtructi.on of homes to avoid
problems.
Lirector Tremere clarified Conditions 2 ar:d 3 of
the draft approving resolution; they ace n.t.
compatible +:i that No. 3 is referring to u
separate main.
Manager Willis stated that if Lowry Hill develops
without the installation of the planned City
trunk sewer, it will be difficult getting
services to the golf course property to the north
at some point in the future. He recommended that
Lowry Hill
Development Co.
Request to
Relocate
Land to Different
Sewer District
Item 8-K
Regular Council Meeting
August Cr 1990
Page 302
the Council ,not approve temporary facilities
owned by the Waste Control Commission because a
future capital expenditure will still have to be
made. Manager Willis suggested the Council order
the preliminary engineering study on the trunk
sewer necessary to serve the property.
Mr. Sathre requested that the Council approve the
petitioner's request and simultaneously proceed
with the engineering study.
Councilmember Ricker asked if there have been any
similar requests approved by the Council.
Director Moore stated this is the first request
received.
Bernard Harr, 11670 61st Ave
supports the Condition in t
resolution which states the
responsible for construction
the sewer.
nue North, stated he
he proposed approving
petitioners shall be
and full payment for
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 90-467 APPROVING COMPREHENSIVE PLAN
AMENDMENTS FOR LOWRY HILTS DEVELOPMENT COMPANY
90056), deleting Condition No,, 2.
MOTION to amend the main motion was made
Councilmember Ricker, seconded by Mayor
that Condition 3 be amended to include:
to a Preliminary Engineering Report and
to adoption of the Capital Improvements
for 1991."
Motion to amend carried, five ayes.
Main motion carried on a roll call vote,
aye'.
by
Bergman,
subject
subject
Program
five
Staff was directed to prepare a resolution
ordering a Preliminary engineering report for
extension of trunk sanitary sewer to serve the
NW --17 District for Council consideration at the
next meeting.
0
Regular Council Meeting
August 6, 1990
Page 303
MOTION teas made by Councilmember Vasiliou, EKSQLUTION 20-468
seconded by Councilmember Zitur, to adopt APPROVING FINAL
RESOLUTION NO. 90-468 APPROVING FINAL PLAT AND PLAT
DEVELOPMENT CONTRACT FOR LT314DGREN BROTHEaRS AND DEVELOPMENT
CONSTI*UCTION COMPANY, INC. FOR "STEEPLECHASE 8TH CONTRACT FOR
ADDITION" (90066) (MPUD 83-1). STEEPLECHASE 8TH
ADDITION
Motion carried on a roll call vete, five ayes. Item *8-L
MOTION was made by Councilmember Vasiliou, MUMON 94.7469
seconded by Councilmember Zitur, to adcpt SETTING CONDITIONS
RESOLUTION NO, 90-469 SETTING CONDITIONS TO BE TO BE MET PRIOR
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FILING (90068)
FOR LUNDGREN BROTHERS CONSTRUC-:ION COMPANY, INC. Item *8-L
FOR "STEEPLECHASE 8TH ADDITION" 190068) (MPUD 83-
1).
Motion carried on a roll call vote, t ve ayes.
MOTION was trade by Councilmember Vasiliou. MOLUTION 90-470
seconded by Councilmember Zitur, to adopt ADOPTING
RESOLUTION NO. 90-470 ADOPTING ASSESS`ENTS, ASSESSMENTS,
PROJECT NO. 039, WATERMAIN AREA - STEEPLECHASE PROJECT
8TH ADnITION. NO. 039
Item *8-L
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilnember Vasiliou, MOLUTION 90-471
seconded by Councilmember Zitur, to adopt ADOPTING
RESOLUTION NO. 90-471 ADOPTING ASSESSMENTS, ASSESSMENTS,
PROJECT NO. 038, WATERMAIN (814) - STEEPLECHASE PROJECT
8TH ADDITION. NO. 038
Item *8-L
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, MQLUTIQN.. -472
seconded by Councilmembor Zitur, to adopt APPROVING LA I USE
RLSOLUTION NO. 90-472 APPROVING LAND USE GUIDE GUIDE PLAN
PLAN AMENDMENT FOR THE CITE' OF PLYMOUTH (90031). AMENDMENT
FOR THE CITY OF
Motion carried on a roll call vote, five ayes. PLYMOUTH (90031)
Item *8-M
MOTION was made by Councilmember Vasiliou, RESOLUTION 9.0-473
seconded by Councilmember Zitur, to adopt ORDERING ABATEMENT
RESOLUTION NO. 90-473 ORDERING ABATEMENT OF OF HAZARDOUS
HAZARDOUS CONDITIONS EXISTING AT 2725 KIRKWOOD STRUCTURE AT 2725
LANE IN THE CITY OF PLYMOUTH. KIRKWOOD LANE y0.
Item *8-N
Motion carried on a roll call vete, five ayes.
Regular Council Meeting
August o, 1990
Page 304
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt.
RRSOLUTION NO. 90-474 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF A DRAINAGE EASEMENT FOR
PONDING PURPOSES OUTLOT A - STEEPLECHASE 5TH
ADDITION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
MSOLUTION NO. 90-47. AUTHORIZING REQUEST FOR
PAYMENT NO. 16, 10TH AVENUE AND REVERE LXNE AREA,
CITY PROJECT NO'S 815/648.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Z?.tvr, to adopt
RESOLUTION NO. 90-475 RECEIVE, PETITION AND
INCLUDE AS PART OF MEDINA ROAD IMPROVEMENTS, CITY
PROJECT N0, 010.
Motion carried on a roll call vote, five ayes.
MOTIO?' was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. !'0-477 RECEIVING PRELIMINARY
ENGINEERING REPORT AND REFERRING REPORT TO THF
SPECIAL ASSESSN.ENT COMMITTEE, MEDINA ROAD STRLET
IMPRO17MNTS, CITY PROJECT N0, 010.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-478 RECEIVING REPORT AND
CALLING FOR HEARING ON IMPROVEMENTS, SCKMIDT
GARDENS ADDITION NATERMAIN, CITY PROJECT NO. 034.
Motica carried on a roll call votes, iive ayes.
MOTION was macre by Councilmember Vasiliou,
seconded by Councilmembor Zitur, to defer award
of contract for Rockford Road Plaza Improvements,
Project 948, to August 20 at the staff's and
affected property owner's request.
Motion carried on a roll call vote, five ayes.
RF93OLSiINN .20 - 47 4
SETTING HEARING ON
VACATION OF
EASEMENT
IN STEEPLECHASE
5TH
ADDITION
Item *8-0
SQLUTION _ k- ll
PAYMENT NO. 161
PROJECT 815/648
Item *8-P
FSOLUTION _24._ i?fi
RECEIVE PETITION
PROJECT NO. 010
Item *8-Q
i&34 UT10 91-477
RECEIVING PRHL.
ENG.
REPORT
PROJECT NO. 010
Item *8-R
MOLUTIM U-:1 70
SETTING HEARING ON
PROJECT NO. 034
Item *8-S
Defer Award of
Contract for
Project
948
Item *8-T-1
Aeqular Council Meting
Auquoit 6, 1990
Page 303
MOTION was made by Councilmember Vasiliou, F=LUTIOR lk7A 9
seconded by Councilmember Zitur, to adopt AWARDING BID 45TH/
rASOLUTION NO. 90--479 AWARDING BID 45TH/46TH 46TH AVENUE TRAIT.
AVENUE TRAIL, CITY PROJECT NO, 024, PROJECT NO. 024
Item *8-T-2
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, USQLUUQN 94-40Q
seccaded by Councilmember Zitur, to adopt AUTHORIZING
RESOLUTION NO. 90-480 AUTHORIZING AN AGREEMENT AGREEMENT WITH
WITH THE CHICAGO AND NORTHWESTERN TRANSPORTATION CHICAGO AND
COMPANY TO WIDEN THE WEST MEDICINE LAKE TRAIL NORTHWESTERN FOR
DRIVE STREET CROSSING OF THE RAILROAD TRACKS PROJECT N0, 931
SOUTH OF EVERGREEN LANE, CITY PROJECT NO. 931. Item x8 -U-1
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, RLSQ1 T1QN 90-481
seconded by Councilmember Zitur, to adopt CONSTRUCTION
RESOLUTION NO. 90-481 CONSTRUCTION COOPERATIVE COOPERATIVE
AGREEMENT, COUNTY ROAD 9 - I-494 TO NORTHWEST AGREEMENT
BOULEVARD, CITY PROJECT NO. 948. PROJECT 948
Item *8-U-2
Motion carried on a roll call vote, give ayes.
MOTION was made by Councilmember Vasiliou, RESOLUTION 94-482
seconded by Councilmember Zitur, to adopt INSTATIATION OF
RESOLUTION NO. 90-482 INSTALLATION OF TRAFFIC TRAP IC SIGNAL,
SIGNAL, COUNTY ROAD 9 AND ANNAPOLIS LANE, PROJECT PROJECT NO. 941
NO. 941. Item *8-V
Motion carried on a roll call votes, five ayes.
MOTION was made by Councilmember Vasiliou, PM9 UTION 99-483
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION NO. 90-483 REDUCING DEVELOPMENT BOND, DEVELOPMENT
FOX RUN 5TH ADDITION (89058). BOND, FOX RUN 5TH
ADDITION (89058)
Motioc carried on a roll call vote, five ayes. Item *8-W-1
MOTION was made by Councilmember Vasiliou, USQLMON 90-484
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION NO. 90-484 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
STEEPLECHASE I TH ADDITION (90008). (90008)
Item *8-W-2
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 6, 1990
Page 306
MOTION was made by Councilmember Vasiliou, gw34LUTI0I -4t5
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION N0. 90-485 REDUCING DEVELOPMENT BOND, DEVELOPMENT
WATERFORD PARR PLAZA ADDITION ( 8 7') 2 7) . BOND, ( 8 7 0 2 7 )
Item *8-W-3
Motion carried on a roll call vote, five ayes.
NOTION was made by Councilmember Vasiliou, bu=TZON-20-486
seconded by Counciimember Zitur, to adopt APPROVING
RESOLUTION NO. 90-466 APPROVING STIPULATION OF STIPULATION OF
SETTLZMENT, PLYMOUTH VERSUS WILLIAM J. CAVANAUGH, SSTTLEMENT
CITY PROJECT N0. 853. °ROJECT 053
Item *6-X-1
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, RESOLUTML-24-497
asconded by Councilmember Zitur, to adopt APPROVING
RESOLUTION NO. 90-467 STIPULATION OF AGREFJZNT, STIPULATION
CITY VZRSUS 18 LIMITED PARTNERSHIP, CITY PROJECT OF SETTLEMENT
NO. 648. PROJECT 648
Item *8-X-2
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, MQLUUQH 9Q-4"
seconded by Councilmember Zitur, to adopt APPROVAL OF
RESOLUTION NO. 90-488 APPROVAL OF EASEMENT, EASEMENT, SWAN
NORTHWESTERN BELL TELEPHONE COMPANY, OUTLOT A - LAKE
SWAN LAKE NEST ADDITION. NEST ADDITION
Item *8-Y
Motion carried on a roll call vote, five eyes.
MOTION was made by Councilmember VasiliGj, BAS=TION 90-469
seconded by Councilmember Zitur, to adopt APPROVING NO
RESOLUTION NO. 90-489 APPROVING THE PLACEMB'WT OF PARKING
NO PARKING" SIGNS ON DUNKIPK LANE SOUTH OF ON DUNKIRk7 LANE
COUNTY ROAD 47, SLS UTH OF C . R . 47
Item *8-Z
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, O.VINANCK 90-24
seconded by Councilmember Zitur, to adopt: EMENDING SECTION
ORDINANCE NO. 90-24 AMENDING SECTION 710 RELATING 7.10
TO GENERAL REQUIREMENT:. SUBDIVISION 2 ^F 6MCAR OF THr "ITY CODE
4.8040 OF THE CITY CODE RELATING TO SEWAI3F Item '-AA-'
TREATMENT SYSTEM STANDARDS.
Motion carried on a roil call vote, five ayes.
0
Regular Council Meeting
August 6, 1990
Page 307
MOTION was made by Councilmember Vasiliou, QW-OMM -9Q=25.
seconded by Councilmember Zitur, to adopt AMENDING SECTION
ORDINANCE NO. 90-25 AMENDING SUBSECTION 500.05 OF 500.05 OF THS CITY
THE PLYMOUTH CITY CODE; RELATING TO PROCEDURES CODE
FOR SUBDIVIDING AND PLATTING LAND. Item *8 -AA -2
Motion carried on a roll call vote, Five ayes.
MOTION was made by Councilmember Vasiliou, RESOLUTION 3 -Q --42Q
seconded by Councilmember Zitur, to adopt APPROVING
RESOLUTION NO. 90-490 APPROVING 1990 CIGARETTE CIGARETTE LICENSE
LICENSE APPLICATION. Item *8 -BB
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, == 10 _2 -07 -In
seconded by Councilment er Zitur, to adopt APPOINTING JUDGES
RESOLUTION NO. 90-491 APPOINTINU ELECTION JUDGES FOR PRIMARY
FOR PRIMARY ELECTION ON SEPTEMBER 11, 1990. ELECTION
Item *8 -CC
Motion carried on a roll call vote, five ayes.
MOTION wa& made by Councilmember Vasiliou, UNLUTION 90-.492.
seconded by Councilmember Zitur, to adopt ADOPTING REVISED
RESOLUTION NO. 90-49' ADOPTING REVISED AND WATER DISTRIBUTION
UPDATED WATER DISTRT'AITION COMPREHENSIVE PLAN COMPREHENSIVE PLAN
ELEMENT. ELEMENT
Item *8 -DD
Motion carried on a roll cell vote. five ayes.
The City Council recr.ived the quarterly civil Litig%tion Report
litigation report. Item 9-.`.
Manager Willis presented a list of discussion Study SesT!..-, and
topics and joint meetings that the Council has Joint Meetj":.
previous inuicated an interest in holdi_ig. The Item 9-B
Council directed that this item be placed on the
August 20 agenda for discussion.
MOTION was made by Councilmember Ricker, seconded QRpiNA1QF 90-.26
by Mayor Bergman, to adopt ORDINANCE 140. 90-26 REQUIRING RUBBISH
PERTAINING TO HEI.TH AND WELFARE AND ADDING A NEW ENCLOSURE AT
SUBSECTION TO PLYMOUTH CITY CODE SECTION 500. CONSTRUCTION SITES
Item 9-C
C0IM1u11 { t Development Director Tremere stated
Chia ordinance would require an enclosure or
container on construction sites to prevent
littering of the site and adjAcent areas.
is
Regular Council Meeting
August 6, 1990
Page 308
Mayor Bergman asked how enforcement Mould be
accomplished. Attorney Thomson explained that a
violation would be a misdemeanor for which a tag
could be issued to the building permitee or their
contractor by a Community Service Officer or
Police Officer,
Director Tremere further explained that the City
will publicize the new ordinance and building
inspectors will warn contractors of possible
violations.
Motion carried on a roll call vote, five ayes.
Manager Willis presented a staff report on
possible steps to advise private property ownero
of public or private facilities planned for an
area which may be perceives as disruptive or
obtrusive, Attorney Thomson stated that
notification by signs swims to be the most
effective option. Manayar Willis stated that
potential owners are more likely to see a sign on
adjacent property than a recorded notice o:
plann,;d uses in homeowner association cr title
documents.
The Council directed that the issue be forwarded
to the developers council fir review and input.
Notice of Private
and Public
Facilities
Item 9-D
Public Works Dixector Moore presented reports and Special. Assessment
recommendaticne of the Special Assessment Committee Report
Committee on four improvement projects: Item 9-9
ProJect 144 The Committee believes
the project benefits the drainage area and there
should be assessments for the improvement to the
entire drainage area at the rates of 1.50 per
square foot of land area or $300 per developed
lot. The Committee further recommends that the
Council establish the public improvement hearing
for the project.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO,
90-493 CALLING FOR HEARING ON IMPROVEMENTS, STORM
WATER DRAINAGE POND BC --P11 CIVI PROJECT N0, 016.
Motion carried on a roll call vote, five ayes.
RESOLUT10 90-493
SETTING HEARING
FOR
PROJECT NO. 016
Item 4-E-1
1
Regular Council Meeting
August 6, 1990
Page 309
RXgjg Ct_o. 012, aunty Road 101 2 K tin: The
Committee recommend.a that this project is
necessary for the continued development of
Plymouth. A determination does not have to be
made at this time; however, the following are
recommendations:
1. On any properties which currently have a
single family home and are homesteaded
property; that the assessment be defesred for
a period of three years. During this three
year period, the assessment would accumulate
interest.
2. That the single family properties be assessed
for only 165 feet of frontage and for one
unit of water aria.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO,
90-494 ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS, COUNTY ROAD 101/COUNTY
ROAD 9/TRUNK WATERMAIN, CITY PROJECT NO. 012.
Motion carried on a roll call vote, five ayes.
Pr,..Q_KQject_. -0158 ' orthgentral .n.runk-%JanJtAry
Sever: The Committee recommends that the
assessments be for sanitary sew%ar area charges in
acccrdance with the currently adopted rate. This
data will be used when preparing information for
the public hearing.
Pro Jec16 Northwest B1yd J,irhmidt LakQ
Road Arca J rovements: The Committee recoLmends
adoption of a resolution setting a public
improvement hearing for the project:.
RESO UTION 90-494
RDERING PROJECT
012
Item 9-E-2
Item 9-E-3
MOTION was made by Councilmember Va,giliou, ==210H _20-925
seconded by Councilmember Ricker, to adopt 01TTING HEARING ON
RESOLUTION NO. 90-495 CALLING FOR HK%rING ON rROJECT NO. 011
IMPROVEMENTS, NORTHWEST BOULEVARD/SC11MIDT LAKE Item 9-E-4
ROAD AREA STREET AND UTILITY IMPROVEMENTS, CITE
PROJECT NO. 011.
Motion carried on a roll call vote, four ayes;
Helliwell nay,
is
C7
Regular CounC 1 Meeting
August 6, 1990
Page 310
Mayor Bergman reques•ed that the Council consider
refund of the conditional use permit application
fee for Joseph Strait. He is on a limited income
and apparently wishes to withdraw his
mplication.
Commun.'.ty Development Director Tremere stated he
was unaware that the application wishes to
withdraw the application,
MOTION was made by Councilmember Ricker, secon4ed
by Mayor Bergman, to direct staff to refund the
conditional use permit application fee to Joseph
Strait, upon receipt of his request to witt:draw
the application.
Motion carried, five ayes.
Councilmember Vasiliou referred to the kings
North Addition drainage concerns. She requested
that the City Attorney provide direction on what
action can be taken in this type of situation by
the City and by developwre and owners. She
requested that the Attor,iey address whether the
City can take punitive actions through other
development approval procedures involving the
same builder who is respo.zible for problems in
other areas, as well as standard enforcement
tools.
Councilmember Vasiliou slated she would like the
Council to considea the nse of drainage swales.
She %eked whether this is "up-to-date
engineering" and what other alternatives are
available.
Director. Moore stated tht, Preferable a14 arnative
in most cases in pipe in, tallation, 1ji Lhe
future he will point out whether swales are being
proposed in preliminary plats for Council
consideration,
Councilmember Vasiliou stated representatives of
the City of St. Louis Park meet with i %l estate
office managers to discuss disclosure
requirements. She suggested this is a proactive
atop the City perhaps should consider.
Refund of
Conditional Use
Permit Application
Fee
Request for
Attorney's Opin Lon
on Recourse for
Builder Error
Swales
Disclosure
Requirements
IE
0
Regular Council Meeting
August 6, 1990
Page 311
Councilmember Zitur
the percent of the
Plymouth residents
2700
requested he be provided with School District
school district levy funded by Levy
for Districts 281, 279, and
Councilmember Zitur suggested that the Council
consider establishment of a Mater Quality
Commission that could review issues like E•arasian
Milfoil and jet ski revelations. He requested
that the City obtain a copy of a proposed jet ski
ordinance from the City of Maple Grove.
Ma,:ager Willis stated staff will provide a report
on possible establishment of such a commission at
a future
Councilmember Zitur asked the City Attorney to
provide a report on owners' rights relating to
deed covenants and steps for enforcement,
Councilmember Zitur asked if Len Busch Roses has
had its lights )a recently.
Director Tremere stated he had spoken with Mr.
Busch last week. Mr. Busch indicated that he had
8-9 lights on one night for special plant
species.
Councilmember Vasiliou asked that staff pursue
enforcement if there are any violations of the
plan approved by the Council.
Councilmember Zitur asked that staff report on
the status of the Pineview Lane railroad arm,
Councilmember Zitur asked that the City Manager
provide a recommendation on how customer
complaints and allegations can be resolved.
Manager Willis stated the Chelsea Mews
Association has been approached regarding
extension of the trail as previously directed by
the Council. The Association is not interested
in granting the City the right to construct the
trail.
Councilmember Helliwell stated this is a
dangerous situation because of the barbed wire
currently in place.
Mater Quality
Commission
Enforcement of
Covenants
Len Busch Roses
Pineview
Arm
Railroad
Customer Service
Chelsea Mews Trail
Extension
Regular Council Meeting
August 6, 1990
Page 312
IC7
Councilmember Vasiliou asked if this extension is
part of the City's trail plan and what options
are available.
Manager Willis stated it is part of the City's
trail plan. The City could condemn the land
needed for the trail extension, however, he felt
it was better for the Chelsea Woods homeowners to
resolve among themselves if they wantad the trail
extended.
Manager Willis presented the Council with an
Invitation from Senator Boschwits to attend the
State Fair for "Plymouth Day" on August 31.
Mayor Bergman adjourned the meeting at 12:20 p.m.
City Clerk
State Fair -
Plymouth Day