HomeMy WebLinkAboutCity Council Minutes 12-10-1990 SpecialC7
1
MINUTES
SPECIAL COUNCIL MEETING
DECEMBER 10, 1990
A regular meeting of the Plymouth City Councii
was called to order by Mayor Bergman at 7:05 p.m.
in the t:
C7
C
Special Council Meetinq
December. 10, 199
Page 479
certificate Lad thanked the Council aid Finar,cP
Division atatf.
Items 7-B, 7-E, 7-J-1, 7-N, and 7-W were removed
from the Consent Agenda.
MGT'ICN was made by :;ounci.lmember Z.itur., seconded
by Coancilmember Vasil.iou, to approve the Consent
Agends as amended.
Motior: carrieu on A roll call vote, five &les.
MIMTES
MOTION was mrde by Councilmember Zitur, seconded
by Counciiatember Vasiliou, to approve the minutes
of the November 19 regular idee t- inq and the
November 26 budget hearing.
MotLon carried on a roll call vote, fivt ayes.
ETiT1QNS..&S21'.
Rask ana Recr^atior, Director Blank stated tha,:
vursuanc to i„uncil direction, he reQeived an
stimate of just %:nder $15,000 for lighting the
Parkers Lake skating Lirks. This would :.nclude
purchase and ins-al.ation
Mayor Bergman asked if m -.aff Lad mss :eith
residents who live adjacent to the rink.
Director Riank responded that if ttin Councl.,
wishes to pursue the lighting +. ssue, staff will
most with residents to present the ,proposel.
Counc.ilm"mber VasilAlou stated it is appropria e
to got residents' feedback on the _lighting now,
before the Council considera whether to go ahead.
Councilmember Rick*+r stated he would find it
difficult to spend $13,000 for lighting only
needwi 4-5 creeks H year by a limited numtoir of
Plymuuth children in the speed skating club. He
stated that if Uhe `,ouacil desire.t to move ahead,
the money for the project should coma ftom the
D . d.. R . E . a ,count.
Consent
I} em 5
Minutes
Item *6
Agenda
Parkers Lake
Skating Rink
Lignting
Item 7-A
Special Council Meeting
December 10, 1990
Page 480
IDCcuneilmember Vasiliou stated the adjacent
residents' opinion of the lighting should first
be asked. Co"ncilmember Zitur concurred that the
residents ahould be provided the opportunity for
input before the Council commits to the project.
Councilmember Helliwell asked what process could
be used to gain neighborhood input.
Manager Willis suggested that the Park and
Recreation Advisory Comm4aninn (PRAC) be directed
to conduct a public informatioral meeting to
discuss the issue.
Grec 0.1y stated the light +.ng would benefit the
general public, an we?.1 as toe speed skaters. He
predi,zred that the Plymeuth Speedskat:ng Club
will be `he largest nkat i.n j group in the nat i.on
within a yeaw, due to its f4:4t gr.ov}h. He
introduced the Miller family, h--% spoke or, the
b t,ofitm of skating for theAi.r onhire f4mily.
MOTION w a made by Mayor BurgYnir, seconded by
C:ur S.l member Vasi 1 i ou, to Airec•t FRAC to conduct
a -.0i? is infcrmatioral me -9t . ng va e.h residentsisadis..Nr t i.n hale proposed Patters Lake rink
lighting.
0
1.
M07ION t.. amend Teas rade by C-->uncilmember Zitur,
seconded by Cot ztcilmei kbar PJ..cker, that kRAC also
provide a re.orur.•%-'idsti In ti) tho Ccunc :l on the
project.
Motion to amo.id carried, five sees.
Pain Motion carried on roll. cal., vote, five ayes.
Director Blank stated that if the project iA
ordered, installation will take about four weeke r
and use is not likely until next year.
Councilmember Ricker stated he removed the U.S.
Homes Icem 7-B from the consent agenda to make
the petitioner aware that later in the meeting he
will be making a motion that could delay
ins`_allatioA of newer into the area they seek to
dove 1 or, .
U.S. Homes
Mitchell -Pearson
proverty (90028)
Item 7_B
U
Special Council Meeting
December 10, 1990
Page 481
Pill Pritchard, U.S. Homes Corporation, briefly
described the --troposed preliminary plat.
Councilmember Zitur asked
comment on whether action
petitioner's request, even
what action may be taken o
later in the weeting.
the City Attorney to
can be taken on the
though it is unknown
n the Power extension
Attorney Thomson stated the Council zan vote on
this item independent of the sewer extension
issue. A condition in the preliminary plat
approval resolution states that the urban
rezon•Lng cannot be implemented until contrgcta
have been awarded for public water and sewer to
the property. Also, the resolution setting
conditions on the proposed rezoning includes the
requirement that contracts must be awarded for
public water and sewer service to the site.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUT?ON NO.
0-771 APPROVING RESIDENTIAL PLANNED 1"NIT
DEVELOPMENT PRELIMINARY PLAN/PLAT/CONDITIONAL USE
PERMIT AND REZONING FOR U.S. HOMES
CORPORATION/THOMPSON LAND DEVELOPMENT DIVISION
FOR THE 'MITCHLLL-PEARSON' PROPERTY (90028).
Motion carried ca a roll call. vote, five ayes.
MOTION was made by Cour.;;ilmember Ricker, seconded
by Councilmember Zitur, to adept ORDINANCE NO.
90-37 :;MENDING THE ZONING ORDIIIANCE TO CLASSIFY
CERTAIN LANDS LOCATED AT THE SOUTHEAST QUADRANT
OF THE WEST CITY LIMITS (BROCKTON LANA) AND
MEDINA ROAD AS R-lA (LOW DENSITY SINGLE FAMILY
RESIDENTIAL) DISTRICT (90028) .
Notion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Courcilmember Vasiliou, to adopt RES#"LOTION
NO. 90-772 SETTING CONDITIONS TO BE MET PRIOR TO
PUBLICATION OF (WINANCE REZONING LAND FOR U.S.
HOMES CORPORATION/THOMPSON LAND DEVFT,OPMENT
DIVISION (90028).
Motion carr i on a roll call voce, !ive ayes.
RESOLUTION --.29--771
APPROVING RPUD
P REL . P LAPI / P LAT /
CUP FOR MITCHELL-
PEAKSON PROPERTY
90028)
Item *7-B
QMINM(;K 2Q7T"
REZONING PROPERTY
AT BROCKTON LANE
AND MEDINA ROAD
MITCHELL-PEARSON
PROPERTY)
90028)
Item * 7 -9
P'igOLU T ION N-7372
SETTING CONDITIONS
10 BE MET PRIOR TO
FILING (90028)
Item *7-B
Special Council Meeting
December 10, 1990
Page 482
MOTION was made by Coc.ncilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-773 APPROVING RESIDENTIAL PLANNED UNIT
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
AMENDMENT FOR ROBERT AND ANDREA NICHOLS FOR
CIMARRON PONDS (RPUD 76-3) (90098).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasilio", to adopt RESOLUTION
NO. 90-774 APeROVING CONDITIONAL USE PERMIT AND
SITE PLAN FOR DAVEY TREE EXPERT COMPANY (90101).
Motion carried on a roll call vote, five ayes.
Community Development Director Tremere explained
the application of Clarence and Marilyn Gordon
for General Development Plan Amendment and
Conditional Use Permit to allow a two-family
lwnlling in the R-2 Zoning District at 410 Zinnia
All The Planning Commission recommended
o .1 of this request.
141 ....Gordon, 410 Zinnia Lane, cited the
e:11.10fT- ; and the fees they have paid and stated
thsal aemed excessive for changing their home
single family to a duplex. They paid to
s the lot surveyed and njw will have Park
dedication ($825) , water area ($790) . and sewel.
area ($440) charges. She stated they are trying
to stay in their hone and the .feces are a
ha_dship.
Public Works Director Moore explained the various
charges and state) that additional SAC and REC
charges will also be charged. Community
Development D4.rector Tremere explained th&t the
park dedication policy is based on a per unit
basis; therefore, park dedication fees have been
considered due with the cieation of an additional
dwe'ling unit.
Mrs. Gotdon stated that at the time of platting,
the develGper paid fees for several lots that
were later changed t.v single family. She asked
if a refund had been given in those cases.
Director Tremere chid not know, blit stated it is
unllkely a refund was requested or given.
0
U591dUTIQN. 20-373
APPROVING RPUD
PLAN AND CUP FOR
ROBERT AND ANDREA
NICHOLS (90C98)
Item *7-C
MOLUTION 94-714
APPROVING CUP AND
S?TE PLAN FOR
D1!VEY TREE EXPERT
COMPANY (90101)
Item *7-D
Clarence and
Marilyn Gordon -
General
Development Plan
Amendment (90102)
Special Council Meeting
December 10, 1990
Page 483
Councilmember Ricker stated that rental income
property is also taxed at a higher rate than
single family homestead property. He recommended
that the petitioner verify that with the City
Assessor.
Director Tremere stated the park dedication fees
and water area and sewer area charges are based
on city policy, and the Council has the authority
to waive these on an individual basis if desired.
Director Blank further explained the requirements
of the Park Dedication Policy. It was confirmed
that a formal. lot division was not involved.
Mayor Bergman stated it would be fair to waive
the park dedication fee since the developer
probably paid perk dedication fees for some other
lots that once proposed doubles but now had
single family units in the subdivision initially.
MOTION was made by Mayor Bergman, seconded by
Councilmember Vasiliou, to adopt RESOLUTION NO.
10-775 APPROVING GENERAL DEVELOPMENT PLAN
AMF,NDMENT AND CONDITIONAL USE PERMIT FOR CLARENCE
AND MARILYN GORDON (91102), : deleting
Condition No. 2 and therefore waiving the
additional park dedication fee, noting that no
subdivision was involved with this request.
Motion carried on a roll. gall vote, five ayes.
Community Development Director Tremere explained
the request of Union C3.ty Mission for an amended
conditional use permit to change the use of the
Smith Lodge from a woodworking shop and storage
to include a proposed use of 19 Meds fcr
trans2.tional housing which is an existing program
and use in another building. The Planning
Commission recommended approval of this request
on a 4-3 vote.
He stated that dissenting Commissioners fel* the
Union City Mission should address operational
problems identified at the public: herring, such
as the report of residents wandering aroxnd the
ad joi.niag neighborhoodis, before an additional use
iA approved by the City. They also questioned
whether the proposed 19 beds could be in -;luded
0
FM9LVTi0N 90.-775
APPROVING GENERAL
DEVELOPMENT PLAT:
AMENDMENT AND CUP
FOR CLARENCE PND
MARILYN GORDON
90102)
Item 7-E
Union City
9010")
Item 7--F
Mission
U
0
Special
December
Page 484
Couuacil Meeting
10, 1990
within utructures other than Smith Lodge and as
identified in the Master Facilities Plan,
Director Tromere stated an issue presented by
adjacent residents was that of calls regarding
the Union City Mission facility to the Plymouth
Police Department and wh-ether that c uAstitutod
excessive use of City reeourc:es. The petitioner
indicated at the public hearing that efforts had
been and would be made to asset with the neighbors
and to clearly identify the concerns and
problems. he concluded that the primary zoning
issue is whether the proposed use can be '
expected, based upon evidence and information, to
not abide by the Conditional Use Permit a'_.andards
of the ordnance.
Pat Katzmarek, 3520 E. Medicine Lake Blvd.,
stated she has lived at this address for 23 ,years
and is speaking on behalf of many residents in
the area. She stated tho Union City Mission
residents don't. stay on the site and emergency
vehicles are a frequent occurrence in the
neighborhood, She listed all the services
provided at Union City Mission and stated that
the intensity of these type of uses is not
appropriate in an R-1 District.
Mss. Katzmarek stated the growth of the facility
should be limited because it is a threat to the
safety of the surrounding neighborhood, She noted
that residents of Union City Mission are not
confined to the Union City grounds and cause
problems when they enter the surrounding
neighborhood9. She des4ribad incidents of Union
City residents drinking, entering adjacent homer,
and falling in driveways causing a need for
emergency calls to 9-1-1. Mrs. Katzmarek
described an incident of finding a Union City
residents in her garage. She noted that there are
three schools within one-half mile of this
facility and this type of beh&%rior poses a threat.
to children.
Mrs. Katzmer.ek cited the number of police galls
and 9-1-1 G-Alls to Union City Mission so Far this
year and stated she feels the number is e.cessive
in a residential neighborhood. She stated that
Smith Lodge residents do not attend a treatment
E
Sp, tal Council Meeting
December 10, 1990
Page 485
program or other set program and are not
restrained to the complex grounds. She stated
they should be kept on the grounds because some
may be violent aid dangerous. We, I'Rtzmarak
concluded that this residential axes. is in danger
of becoming over -institutionalized. Four years
aro a task force was established to make a
recommendation on the process that cc.uld he used
when considering these types of requebts. She
requested that this item be tabled untLl that
recommendation can be implemented.
Councilmemter Zitur asked if shea had o;oure.d the
facility as he had; Fxs. Katzmarek responded no.
Norbert Herby, 3430 East Medicine Lake Blvd.,
presented a petition with 225 names of people in
the immediate area opposed to the request. He
stated he has livea across the street from the
facility for 15 years. He stated that there
should be A limit on the number of persons at the
facility such as the number cited in the
Facilities Master Plan; however, if each ti.i%e the
limit is reached more are permitted, there really
a no limit. Mr. Herby stated the nursing home,
Hazelden facility, and detox facility are
licensed by the State of Minnesota. All other
servicea on the site are unlicensed and are not
considered treatment or medical programs. He
encouraged the Council to deny the request.
Ron Tryon, 2710 Medicine Ridge Road, stated he
and his family wen^ recently sworn at and
obstructed from their driveway by a Union City
resident. He stated that a Union City resident
has tried to talk to his 8 -year old sor., and two
rtsideynt.s have threatened to kill each other in
front of his son. Hee asked why these types of
fac%' iit.i ss must be placed in the middle of a
t.esidential area.
Richard Martin, 2651 E. Medicine 'Jake Blvd.,
statel that several years ayo his wife saw s.
Mission Lodge .resident going through private
mailboxes. The resit;ont removed a letter, cpened
it, and left it ac.. coxa they street. He at.at:ed
concern about: they amount of dri.n)ring by Mission
Dodge residents, particularly because it is in
the vicinity of three schools,
Special Council Meeting
December 10, 1990
Page 486
Councilmember Zitur explained state legislation
adopted in the 1970's whict%, among other things
mandated group homes and facilities in
residential neighborhoods. He noted that the
City does not have control over some issues.
Pat Murphy, Executive Director of Union City
Mission, spoke in favor of the request. She
stated that Union City Mission was organized in
1895 and located on this site in 1928, long
before any residences existed in the area. She
described the various services provided on the
site and stated that all of the programs are
licensed either by the State of Minnesota
Department of Human Services and Department f
Health or by Hennepin County,
Ms. Murphy stated Smith Lodge was built in the
1940's to house 26 people. She stat:e.1 the
equivalent program had 191 beds in 1970; 145 in
1980; and 90 beds currently. She showed slides
of the site, includinv a site plan of the
buildings. Ms. Murphy stated that in 1979 the
National Institute of Alcohol and Substance Abvse
cited Mission Lodge as one of the best facilities
in the country. She described the services
offered as part of the program which include off-
site jogs, woodworking, art therapy, educational
and G.E.D. counseling, all types of classes,
advocacy, support st+Aff, and many planned
activities.
Me, Murphy described the sources of funding for
the grogram: CDAG funds previously endorsed b}
the City and approved by the County; and grantii
from the Minnesota Department of Human Service:a
and U.S. Department of Housing arid Urban
Development (HUD). She stated that Mission LoJoe
was the only agency from Minnesot.e to receivo i.he
HUD granC. She states they were moving forwa•:d
with the project and were notified by the City in
November t:iat a conditional use permit was
required for the proposed occupancy.
Me. Murphy said Union City Mission
represent+itive.o are aware of arra residents'
complaints as stated at and subsequent. to the
Planning i7ommission meeting. Since the Planninr4
0
LI
A
Sp9cial Council Meeting
December 10, 1990
Page 487
Commission meeting, she aas spoken with many of
the neighbors and discussed tzeir concerns. She
stated Union City Mission want% to address those
concerns, and she encouraged area residents to
contact Union City Ptaff members, at their 24° -hour
telephone whet, problems occ:itr. . She addressed the
number of emer?ency %ehicle calls to the
facilitees and stated that the vast majority of
the calla are generated by -ch® detox center and
nursing home anti are modical ralated. She
described the screening that. is done prior to
accepting clients into the Mission Lodge Program.
Clare Johnson; 3109 E. Medicine Lake Blvd.,
stated she has been a resident of Mission uodge
for 1 1/2 years. She stated the Mission Lodge
program has turns+d her life arvrnd. She stated
th•tt she is not e.r exception - theLe are many
su zcess stories*
Henry Herrley, :3409 E. Medicine+ Lake Blvd.,
stated he has bean a resident of Miss' cn Lodge
fc.r _'. months. He stated it is easier to maintain
his sobriety at this location as compared to a
cent-ir in downtown M1 zneapc l i s where there tare
constant temptations. He stated Mission Lodge
r,ffer.s a lot r f oppertun! ties +-c its residents.
Dale hio: eistadr eIOO 45t:. Avenue North, New Hope,
stated he w.ao m resident of Missiun Lodge 21
years ago P.rd is a A:,.21--overing elr-oholic. He
stated thR nrogram saved his i f4. Mr. Hongstad
responded to an earlier speaker's complaint that
the program is t.ot st.ructurekd. He stated that
there are structured progr&nxs all over the state
and hP4 doesn't believe they are as successOul eq
Mission Aijr dge. Mr'. Rongsta+d stated there are
many people in nedd of help, as he was 21 years
actO, and urged th" Cc incil to approve the
recViest .
Councilmembelr Zitur stated his concern about the
neighborhood complaints and asked for suggestions
on how the} can beresol,ed.
Pat Murphy statod that she and ether Union City
Miesion representatives ate willing to meat with
ares residents, and aii?(Iested that they meet
whether or uvit the amend;ail -ondit ional ass per.:nit
0
Special Council Meeting
December 10, 1990
Pac ft 486
request is granted: She stated they want to be
responsive to the neighLors but need to know as
the problems occur, r vt at a later dwt.e .
Counciln.'mber Vasiliou suggested that Ms. Murphy
develop a dialogue with the neighborhood before
the Council addresses the conditional use permit
request. She arkeO what happened to thb process
guidelines developed after the Alpha douse
situation.
Larry Marofsky, 263 Medicine Ridge Road, stated
he is a member of the planning ComAission, but is
speaking only on his own behalf as an arra
resident. He stated that Section 9-L of the
Zoning Ordinance was adopted and addresses
process guidelines.
MOTION was made by Councilmamber Vaailfou,
seconded by Mayor Bergman, to table the amended
conditional use permit request and to allow the
petitioner the opportunity to eLtablish
neighborhood meetings to discuos and address the
concerns of tha neighbors and report to the
Council,
Motion failed on a roll :all vote, Vaaiiiou and
Bergman ayes; Helliwell, Ricker, Zitur nays.
Larry Marofsky, 2835 Ved?.cine
he has lived within 1/2 roil*
21 years. He agreed there ar
stated Union City Mission is
cnnounity, but the question i
s:.o%ild it grow?
Ridge Road, stated
of the facility for
e some problems. He
s benefit to the
a to what extent
He stated the Planning Commission studied the
issue of residential facilities in the City and
the Council edopted rec.ommendatione. One of
those is that residential facilities ±'-h mors
than 16 people will only be allowed in R-4 Z.)n!,.;
Districts, with the exception of existing
facilities. He stated the Council meds to
determine whether this is a new use or an
expansion of the existing conditional use perms;;.
He noted that by allowing ssnit.h Lodge to be
renovated to create -aiii -additional 19 beds, the
use on the site to being intensified. Mr.
Marofsky encouraged the Council to set and abide
e
Special Council Meeting
December 10, 1990
Page 489
by a limit bec:auea this in an R-1 District. He
suggested that reaaonabid ^renditions be placed on
the conditional use permit if epp&:. ,%-rt. such as
requiring Mission Lodge residents to be
supervised when they leave the grounder, e.g.,
requiring residents to Near identification
bracelets. Also, chaperones could be used for
residents who desired to leave the premises.
Councilmember Helliwell asked Me. Murphy if Union
City Mission is in danger of losing grant funds
if the Council does not proceAd with approval of
this request. She also asked if the petitioner
wee aware of `.i a concerns cited by the neighbors.
Ms. Murphy stated they are nearing the dare ::.y
which the CLRG funds auat be expended or
encumbered. She said she had heard of concerns
about some residents who left the yrounds.
Councilmember Ricker stated this request relates
to a conditional use Kermit which uhe City can
review periodically i•! it chooses. He suggested
that the request be granted with additional
conditions to address the concerns of the are&
residents and that the police staff, Hissioa
Lodge, and neighborhood representatives meet to
aiac.sm solutions to the problems. He stated
there is great nemd for a facil.Lt.y like this and
the ;project is well along in the process.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 90-776 APPROVING CONDITIONAL USE PERMIT
AbXNDMENT FOR UNYON CITE MISSION (90101.) , with an
added condition that there shall '-e a review
after one year; an J, a condirion directing that
th" Poli .e Chief, City Mrnager, Minion Lodge
representatives, e.nd&xeighborhood representatives
conduct a dialogues about the problems.
Councilmnmber Vasiliou stated the dialogae needs
to occur 11n Tore the request is approved,
Attorney Thomson stated conditional use pdsrmit s
run with the land and can be reitiewed aftmr a
specified period of time; however, tree permit can
be revol.ed only upon demonstration that the
conditions placed on the permit have not been
met.
j
Special Council Meeting
December 10, 1931
Page 490
Councilmember Ricker suggested that another
condition could be added that the City and
Mission Lodge representatives will make every
effort to communicate with the neighbors and
design a plan to respond to the concerns of 16he
neighbors, and the Council will review the status
in one year.
Councilmember Zitur asked the rublic Safety
Director if he could specify any cases where
se-meo o was assaulted by a Mission Lodge
resident.
Public Safety Director Carl.quist stated he i.s not
aware of any particular case, but may not be
familiar with every incident that hat icc•urred.
He stated that Yaany of the 9-1-' cdj..zs require
the response of two police cars and an ambL.Laacn.
This is Fart of the rcas yn f Dr the number of
emergency vehicles in tine neighborhood.
Steve Carrell, Public Safety Sul. port 3f&r%9-ice9
Sunerviaor, presented information on !.hot numbez
of calls in the Union Citi @:fission ar%6v%. de
stated that in ::racking Voli.ce records sired
7anuary 1, 19901 h :- sound no incident,.* of assault
by Mission Lodge re iieents . -
Councilatembezr Ricket stated the Counci' el-Aould.
consider whether a meaimum cumber of pere..ns at
Union City Mission co• -id or should be &,i-
ti- Councilmember Zitur orated that eine chi, is a
licensed f&cil.it.y, he '.)eli,aves the City haj
limited authority to rcgul.ade it. He state:,a he
cannot justif;l, denial based on the six areas of I
consideration in the Zoning Ordinance. He spiked
if othor Cruncilmembera cntald justify denia'..
Diseussior efiaued with the City Attot-:iey
regarding the+ proposed r.aaolution ac:G the
condition.n .
MOTION to amend the main -notion was :.yAde bl
Councilmember Ricker., Seconded by Co%j icilmsm0er
hw :liwel1, to Approve with the eight oorditions
in the drait. end to ado! Condition No. 9: "The
J;lion City Miasin•1 stall svbi.tit a plan to the
1 4
r
Special Counc t 1 Meeting
Aeceml)nr 10, .!990
Pelta 491
n , C ..ty C ui,cil within six months for its rftv.Lew and
approval, and it shall address op)rationsl
problems identified !luring the h.,ariag bze.-ore '%.he
Vanning Commission and Citi Council;" and
Condi`,io&, No. 10: "Vais Conditional Uso verm!
shall be reviewed in one yea: to detemine
whether the applJ c6rt has complied wiFli the plan.
No farther emends aunt to the Condit i o a el Use
Permit will to considered by the City Council
until. the Fla.., is arproved and ^ompli ince is
vertfied."
Councilmember Ricker stated his reason for
supporting the conditional use normit is that the
Council got inv.,lved in this isnue a l o.ptle late
in the process. A one-year period will j - w
everyone ti..io to discuss rind resalve the
problems.
NOTION 'Co aynerd car:: ind on a roll call vote
Helliwell, sticker, Zim- &yc s : "ad l i ou An(+
Bergman nays.
MAIN MOTION as amended carried on a roll c.?tl
vote: Helliwell, Ricker, Zitur Ales, Vasiliou
and Bergme-% nays,
Director Tremere reported that by a vote of 4.1
the Board of Zoning Adj1astmEnts and kppeals
denied the r-:quesf by Ralph and Sharon Klein to
allow a 'r foo;. sine yard setback versus the 10
foot required side yard setback in order to
coalstruct as attached garage and r m addit+on,
and the request to allow a 32 foot meront yard
setback versus the 30 foot required front yard
setbpik to install structura.L wood c;rlumna to
suppurt a roof system located above the overhead
garage, doors.
The petitioner re;uested, ,nd by separate action
in lieu of the original request, the Board
appi.oved, a modified vsrianc,e to a low a 7 foot
side yard setback at t::a southwest corner of the
proposed garage and extending east parallel with
the e): ist ing garage wall, I., a point intersecting
with t*.e required 10 fcot side yard setback, then
c~itinuing to thN rear line of the proposed
garage. The Bo%rd did iot grant approval for a
front yard variance, as they felt that the root
0
Klein Appeal
BOZA Ruling
11-U-0)
Item 7-G
of
F.
Special Council MeW ing
December 10, 1990
Page 492
system could be structurally designed to be self
supporting without the need for any columns.
Director Tremere stated Commiss;.oners discussed
the possible uni.quenoas of this situation because
the site abuts city -owned parkland relative to
the side yard issue.
Steve Kleineman, 3010 Trenton Lane, architect for
the project, showed photos of the Klein home. He
stated they currently park vehicles on the side
of garage further into the setback area than the
g•,ASa extension would encroach. The Kleine'
obtained the original plot plan from the City
which showed the home was located 15' from the
sides property 31ne; however, a subsequent as -
built survey indicates that the home is actually
13' from the side property line.
Mr. Kleineman described the overhang a.1d columns
proposed for the front of the house. He stated
the overhang* will aesthetically improve the home,
even though it is not structurally required.
This lot has a unique, narrow pie -shape compared
to other lots in the subdivision.
Mr. Kleineman stated he built his heave in
Plymouth three years ago and constructed a
similar overhang. Because the col•unns were
considered "decorative", it was allowed to extend
into the front setback area. The Building
Official has cone:tided that the overhang proposed
by the Kleins' is structural and, therefore,
cannot extend into the setback unless a variinc:e
is obtained. Mr. Kleineman stated he :>eli.eves
this is a "gray area" oren for interpretation.
Director Tremor* suggeated that if the Council
Nishes to allow the columns e.s requested, it
direvt the Planning Commission to cinsider adding
certain column encroachment to the l+st of
features allowed by ordinance.
rlalph Klein, 3740 Wallington Lane, presented a
petition signed by area residents support: ng his
request. Mr. Klein stated he is willing tL
purchase all or a portion of the adjacent park
property, but his attorney was informed by city
staff that it is not for sale.
0
0
Special Council Meeting
December 10, 1990
Page 493
Mr. Klein showed site plana of his initial
request and that approved by the Board of Zoning.
He asked that the Council consider his original
request to address the issue of both the columns
and the side yard setback.
MOTION was wade by Councilmember Vasiliou,
seconded by Mayor Bergman, to adopt RESOLUTION
NO. 90-777 APPROVING APPEAL OF THE BOARD OF
ZONING ADJUSTMENTS AND APPEALS FOR RALPH AND
SHARON KLEIN, 3740 WELLINGTON LANE NORTH (11-01-
90) .
Councilmembers indicated that this situation is
unique because it is adjacent to open space of
the park property.
Motion carried on a roll ca]1 vote, five ayes.
Manager Willie stated that pursuant to Council
direction, staff has met with Len Busch to
develop a proposed agreament to address tae issue
nf .tight from his greenhouses. He outlined the
proposed agreement and stated that newly
constructed 3reenhouses No. 15 and 16 have new
shades installed. The agreement provides that
the Council would make a decision to the extent
to which additional greenhouses would have to be
screened. Greenhouses 7, 8, 9, 10, 11, 12, 13,
and 14 of the lower range would be suriect to
screening at the Council's discretion.
Greenhouses 1-6 in the luwe:• range rnd
greenhoumes in the upper range would not be
proposed to be screened. These are the
greenhouses that existed and had lights operating
as of January, 1985, before Mr. Busch was aware
of any complaints relating to the lighting.
Counuilmember Zitur asked if further information
has been provided to the Amber Moods residents.
Manager Willis stated he sent a copy of the staff
report on this item to several Amber Woods
homeo%mels, as well as Lundgren Brothers and U.S.
Homes representatives.
Councilmember Vasiliou asked if the complaint
filed by the Blacks' has been processed.
Director Tremere stated no; the Blacks' have been
RESOLUTION 90-777
APPROVING APPEAL
OF BOZA FOR RALPH
ANL SHARON KLEIN
11-01-90)
Item 7-G
Len Busch
Lighting
Item 7-H
Roses
Agreement.
0
Special
December
Page 494
Council Meeting
10, 1990
contacted and they are in agreement to wait on
their complaint pending consideration of the
proposed lighting agreement and until the Council
takes action.
3tevc Jacobitz, 3520 Urbandale Lane, asked. why it
is necessary to exempt some of the existing
greenhouses from the potential screening
requiteak.ent. Mr. Jacobitz questioned the method
of beginning the process by evaluating the
screening of Greenhouses 15 and 16 because this
will not abrite the problem as he perceives it.
He asked how area property owners will be allowed
to particieate in the evaluation of screening,
and asked whether property owners will legally
have to disclose the lighting situation if the
Council determines a certain amount of screening
is adequate. He stated he appreciates the
efforts of the City and Mr. Busch in addressing
this issue.
Russ Waters, 18600 34th Avenue North, stated the
final Council determination that the screening
efforts rare adequate should not be made without
considering the adjacent undeveloped area and
affects of those f,7ture homes.
Bob Held, 18530 34th Avenue North, noted that
some resident.e at a previous meeting stated the
lighting is not a problem. He said the lighting
is a problem for som.• Amber Ws,ods residents. He
suggested that when an agreement 's reached, a
lighting expert should be retained in order to
exactly measure the amount of light that will be
permitted in the futurs.
Councxlmember Vasiliou asked if Mr. Busch will be
able to run tests on the screening devices as
rutlined by some of the residents: i.e.
evaluating the ligrt with the screens open and
closed on the two buildings. Mr. Busch stated
yes, and added that he supports the agreement.
Mayor Bergman asked if Mr. Busch intends to add
more greenhouses to the site. Mr. Busch
responded that four more are proposed, but that
construction will not take place until possibly
1992.
Special Cou:icil Meeting
December 10, 1990
Page 495
Mayor Bergman asked if this agreement would
preclude the Council from putting additional or
different conditions on the future greenhouses.
Attorney Thomson stated that Mr. Burch will have
to request site plan approval from the Council,
and the Council can set reasonable conditions.
Councilmember Vasiliou asked what is being
discharged into the wetlands from the B»sch site?
Mr. Busch stated there is some water used for the
plants, that contains some nutrients but very
little phosphates.
MOTION was made by Councilmember Zitur, secondel
by Councilmember Helliwell, to adopt RESOLUTION
NO. 90-778 LEN BUSCH ROSES, INC. - LIGHTING
AGREEMENT.
Motion carried on a roll call vote, five ayes.
Discussion was held on the process to avaluate
the screening. The City Manager will work with
Mr. Busch to schedule several dates for the
testing and contact staff, Council, and
neighborhood representatives.
Director :'remere reviewed the December 6, 1990
staff memorandum and stated that Mr. Barr, Lowry
Bill Construction Company, has not executed the
development contract for Deer Pond. He stated
the Mayor. ,las met with representatives of the
Deerhaven Development and Mr. Barr concerning
issues: raised at the previous meeting. It
appears there are several civil legal matters
that the private parties need to further resolve.
The ordinance requires a homeowners' amsociation
for the new phase, but it may be separate from
the exist.in5 one.
The City Attorney has advised staff that Lowry
Hill Development does have a legal contraltual
responsibility to construct the trail pa•.allel to
Zachary Lane based on his review of MQ017ds for
the Deerhaven Development extending back to 19831.
This trail is part of the park dedication.
Director Tremere recommended that if the traU is
nor built, the City should receive cash
ompensation in lieu of park dedication. The
U
RESOLUTION ,20- 70
LEN BUSCH ROSES -
LIGHTING AGREEMENT
Item 90-778
Lowry Hill
Constzuction
Deer Pond
Item 7-I
Co.
0
Special Coouncii Meeting
December 10, 1990
Page 496
Public Works Director has estimated the cost of
the required trail. to be $1,5,:0'40 which would Le
the developer's cash payment; and the park
dedication fees for the 52 iinit project if
calculated today would be $42,900. The
difference of $24,560 would be deemed to cover
the wetland outlot dedicated .nd the trail
segment constructed.
Johr. Davis, 1111 57th Avenue Notth, stated the
residents have a number of concerns. The
homeowners did riot know until November 19 that
the developer planned to form a separate
homeowners' association. The existing
association has met and agree+ to support the
concept of a separate association. They also
support construction of the tr&il to alleviate
the currently dangerous situation for bikers and
pedestrians. Mr. Davis stated that of the
original 40 units, six have not been sold. The
association will be obligated to pay $10,000 to
correct water drainage and pavement problems. Ho
stated that some of the trees and scrubs were
planted in the right.-P)f-way area foi- the future
widening of Bass Laken Road. When this road is
widened, the buffer arum the road will be lost,
and the trees and shrubs will have to be
relocated.
Mr. Davis made two requests: 1) If the developer
is granted the right to proceed and form another
homeowners' assoc4.w ion, he agree to reiinquish
rights to annex Outlot C into Geerhaven
Himeowners' Aesociation; and 2) That escrow
accoun s be established by the developer and held
by the City until the issues of drainage and tree
relocation are resolved,
Mayor Eergman stared tie had met with Mr. Barr,
who agreed that he will correct the drainage
problems in the four remaining units in the
spr i.ng .
Counrilna*mber Zitur stated this is not a unique
situation that trees were planted in the right-
of-way,
Attorney Thomson suggested that the Counci.. could
add they following o dition to the approving
C
Special CoXnAcil Meeting
December 10, 1990
Page 497
resolution: "The Homeowners" Association shall be
a separate entitl for Deer Pond and not pe=t of
the original Homeowners' Association."
He stated the requested escrows relate to private
Watters between the eedidents and the developer
and the City should not be involved.
Bernard Barr, 11670 61st Avenue North, stated he
is able to construct the req.:ired trail; however,
he believes he cannot obtain the permit necesdarl
to encroach in the wetlands. He stated he has
already recoived the maximum allowable
encroachment acreag* for the site. Mr. Barr
suggested that the City obtain the permit and he
would ao the construction. He questioned the
estimated rest of the trail presented by the
Public Works Director and stated he could do the
project for much lees,
Director Moores stated that construction will have
to done according to city requirements and those
of the permitting agency - the Cc:ps of Fngineers
and possibly the Department of Natural Resources.
MOTION was made by Councitmember Zitur, seconded
by Cuuncilmember Ricker, to adopt RESOLUTION NO.
90-779 APPROVTJG FINAL PLAT AND DEVELOPMENT
CONTRACT FOR LOWRI HILL +CONSTRUCTION COMPANY
89106) (RPUD 8]-•4),o AND RESOLUTION NO. 90-780
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF
AND RELATED TO FINAL PIAT FOR L•OWRY HILL
CONSTRUCTION COMPANY (89106) (RPUD 81-4), adding
a condition regarding the separate homeowners'
association as recommended by the City Attorney.
Councilmember Zi+ ••c stated the trail needs to ce
constru-:ted to 4adrese safety i., the area.
Further discusA ton was heli on who ahould to
responsible for construction of the trail and the
clarification of the languages proposed originally
verses that proposeu now,
MOTION to amend the main motion was made by
Coux cilmember Zitur, recondeC by Cotiocil.member
Helliwe) 1, that Condition No. 2 of the resolution
setting conditions and the draft development
contract shall reflect: "The d trelopesr will build
PZ.SQJ4VTIQN 90-779
APPROVING FINAL
PLAT FOR DEER POND
89106)
USQLUTION 90-780
SETTING CONDITIONS
1'0 BE HET PRIOR TO
FILING (89106)
Item 7-•I
s
Special Council Meeting
December 10, 9990
Page 498
the required trail; the City will apply for the
required permits and the developer will pay any
costs associated with the permits process."
Motion to amend carried, five eyes.
Main motion as once amendGsd carried on a roll
call vote.
Mayor Bergman asked it the $16,000 proposed to be
retained for Cheshire BusineAs Center I and II is
sufficient to guarantee all remaining work, and
whether it assumes the need for 1003 landscape
replacement.
DirectoL Tremere responded Lh at in response to
the Council's previous direction, staff has paid
more attention to ,urvivabil:ty of landscaping
and to landscaping as a specific line item. He
stated the amount proposed to be retained would
ensure nearly 1003 landscaping replacement, if
necessary, Pince no reduction in that line item
was proposed.
Mayor Bergman asked if assuming 100 replacement
is reasonable or necessary. He suggested
assuming 503 replacement is sufficient. Virectul,
Tremere concurred.
Councilmember Vasiliou stated her concern is not
as much retaining the amount of a specific line
item in the Agreement so it i., with dwvelopers
requesting reduction of their guarantees and
leaving the landscape work until the very last
item in the projer%f where insuffictent guarantee
remains. Her concern is nit only with the
survivability but also with getting the work done
in A timely manner.
Manager Willi..' si.Ated staff can usu di s:.ret i on in
recommending reduction amourts, however, he would
recomrtsend. a policy resolut icii indica':ing the
intent of the Council.
Staft wAs directed to return wit i a prcpoaed
policy.
Cal iL*r
Development Co.
Site Performance
Guarantee
Reduction (89116)
89082)
Item 7-J-1
Special Council Maeting
December 10, 1990
Page 499
Motion to amend carried, foul- ayes, Helliwell
nay.
Main motion as once amended carried on a roll
call vote, four ayes, Helliwell nay.
MOT10N was made by Councilmember Zitur, seconded RESOWT10 90-79? is by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF SITE
NO. 90-783 AUTHORIZING REDUCTION OF SITE PEQF'ORMANCE
PERFORMANCE GUARANTEE FCR UHDE-NELSON, INt.. FOR GUAI ANTSE FOR
COLDWELL BANKER BUILDING LOCATED AT 44x5 HIGHWAY UHDE-NELSON
1F9 (89112). (69112)
Item *'1-,'--2
Motion carried o i a roll. -a? 1 vote, five ayes.
MOTION was made by Councilmember Zita".. seconded RWdVL1,T1QN ,.90-784
by Couracilmember Vasiliou, to adopt RESOLUTION RLDUC'TION OF SITE
NO. 90-78C AJTHORIZING REDUCTION OF SITE PERFORMANCE
PERFORMANCE rUARANTEE FOR GRAHAM. DEVELOPMENT GUARANTEE FOR
COMPANY 090e-7) . GRAHAM DEVELOPMENT
Co. (8908 7)
Motion carried on a roll call vote, five ayes. Item *'1-J-3
NOTION was made by Councilmember 7itur, secondetd RZ50LVTION 9V -78r
by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF ,SITE
NU. 90-785 AUTHORT7111:G RE..Dt--.'TION OF SI'Z'E PE'.RFORMANCLL
PERFORMAIgt...L GUARANTEES FOR P;ORTAWOOD HOMES, INC. GUARANTEES FOR
FOR PONDS 14ORT14 LOCAT. D AT THE NORTHWEST CORNER PONDS NORTH
OF 54TH AVENUE NORTH AND NATHAN LANE NORTH (A'709-1)
07091) . ltpm *I -J-4
0
Motion c&rr ied on a roll. c -ill vote, five ayes.
MOTION was made by Councilmember Vasiliou, R,_QI,i Q l 9) _7QI
seconded by Councilmember Zit.ur, to adopt REDUCTION OF SITE
RESOLUTION NO. 90-781 AUTHORIZING REDUCTION OF PFRFORMANCE
SITE PERFORMANCE GUARANTEE FOR CALIBER GUARANTEE FOR
DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER CALIBER
II (89116) AND COMBINATION WITH CHESHIRE BUSINESS DEVELOPMENT CO.
CENTER I (89082), BOTH LOCATTD AT 2600 FERNBROOK 89116)/(89082)
LANE, RESOLUTION NO. 90-782 AUTHOR3ZINV RELThSE
OF SITE PERFORMANCE GUARANTEE FOR CALIBER BVSQI,VTIQN 90-782
DEVELOPMENT COMPANY FOR CHESHIRE BUSINES%- CENTER RELEASE OF SITE
I LOCATED AT 2600 FER,NBROOK LANE (89082). P ERFORr4ANC.:
GUARANTEE FOR
MOTION to amend the main motion was made by Mayor C;.L.LBER
Bergman, seconded by Councilmember ZitL:r, to DEVELOPMENT CO.
reduce the amount retained for landscaping by 50% 89062)
for a total retenticn of $9,000 for Resolution Item 7-,J-1
No. 90-781.
Motion to amend carried, foul- ayes, Helliwell
nay.
Main motion as once amended carried on a roll
call vote, four ayes, Helliwell nay.
MOT10N was made by Councilmember Zitur, seconded RESOWT10 90-79? is by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF SITE
NO. 90-783 AUTHORIZING REDUCTION OF SITE PEQF'ORMANCE
PERFORMANCE GUARANTEE FCR UHDE-NELSON, INt.. FOR GUAI ANTSE FOR
COLDWELL BANKER BUILDING LOCATED AT 44x5 HIGHWAY UHDE-NELSON
1F9 (89112). (69112)
Item *'1-,'--2
Motion carried o i a roll. -a? 1 vote, five ayes.
MOTION was made by Councilmember Zita".. seconded RWdVL1,T1QN ,.90-784
by Couracilmember Vasiliou, to adopt RESOLUTION RLDUC'TION OF SITE
NO. 90-78C AJTHORIZING REDUCTION OF SITE PERFORMANCE
PERFORMANCE rUARANTEE FOR GRAHAM. DEVELOPMENT GUARANTEE FOR
COMPANY 090e-7) . GRAHAM DEVELOPMENT
Co. (8908 7)
Motion carried on a roll call vote, five ayes. Item *'1-J-3
NOTION was made by Councilmember 7itur, secondetd RZ50LVTION 9V -78r
by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF ,SITE
NU. 90-785 AUTHORT7111:G RE..Dt--.'TION OF SI'Z'E PE'.RFORMANCLL
PERFORMAIgt...L GUARANTEES FOR P;ORTAWOOD HOMES, INC. GUARANTEES FOR
FOR PONDS 14ORT14 LOCAT. D AT THE NORTHWEST CORNER PONDS NORTH
OF 54TH AVENUE NORTH AND NATHAN LANE NORTH (A'709-1)
07091) . ltpm *I -J-4
0
Motion c&rr ied on a roll. c -ill vote, five ayes.
E
0
Special Council Meeting
December 10, 1990
Page 300
MOTION was rade ry Councilmember Zitur, seconded
by Councilmember 7asiliou, to adopt RESOLUTION
NO. 90-786 AUTHORIZING REDUCTION OF SITE
PEP.FORMANCE GUARANTEE FOR HAZELDEN FOUNDATION FOR
HAZELDEN PIONEER HOUSE LOCATED AT 11505 36TH
AVENUE NORTH (89070).
Motion carried on a roll cal: vote, five ayes.
MOTION was rade by Councilmember Zit:ur, seconded
by Cour.:ilmember Vasiliou, to adopt RESOLUTION
NO. 90-787 REDUCING DEVELOPt2ENT BOND, PARKSIDE AT
MEDICINE LAKE (A-338).
Motion carriod on a roll call to, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-788 RE,)UCING DEVELOPMENT BOND, BASS LAKE
ESTATES ADDITION (84093;.
Motion carried on a roll call vote, ti•*e ayes.
MOTION was mad1% by Councilmember Zitur, seconded
by Councilmembltr Vasiliou, to adopt RESOLUTION
NO, 90-789 REDUCING DEVELOPMENT BOND, WOODLANDS
2ND ADDITION (66059).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vveiliot:, to adopt RESOLUTIOD'
NO. 90-790 REDUCING DEVELOPMENT BOND, THE MEADOWS
OF BASS LAKE ADDITION (87059) .
Motion cazried on a roll call vote, five ayev.
MOTION was made by Counk%ilmember Zitur., seconded
by Councilmember Vasilio i, to adopt RESOLUTION
NO. 90-791 REDUCING DEV t,U`MENT BOND,
STEEPLECHASE STH ADDITIuN 00068) .
Motion carried on a roll call vote, five ayes.
W QLSI QN _94_-? eb
REDUCTION OF SITE
PERFORMANCE
vUARANTEE FOR
KAZELDEN PIONEER
HOUSE (89070)
Item *7-J-5
BUQiW-NQN 90-7-B.7
REDUCING
DEVELOPMENT BOND,
PAPKSIDE AT
MEDICI14E LAKE (A-
338)
Item *7-K-1
RZh1QL-QT+"'QN 90-7 Q
REDUCING
DEVE',OPMENT BOND,
BASS LAKE ESTATF3
ADDITION (H4091)
Item *';-K-2
M$.QLSTTI9N 90-789
REDUCING
DEVELOPMENT BOND,
WOODLANDS 2ND
ADDITION (86059)
Item *7-K-3
FZ%Q"ITIQN 90-790
REDUCING
DEVELOPMENT AOND,
THE MEADOWS OF
BASS LAKE ADDN.
87059)
Item *7-K-4
WQJoVT1QN 90-791
REDUCING
DEVELOPMENT BOND,
STEEPLE^RASE 8TH
ADDITIVN (90068)
Item *7-K-5
r1
Special Council Meeting
December 1%0, 1990
Page 501
MOTION was made by Councilmembec Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-792 REDUCING DEVELOPMENT BOND, hP.RBOR
PLACE ADDITION (87124).
Motion carried on a roll call vote, five ayoas.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-793 REDUCING DEVELOPMENT BOND, SWAN LAKE
WEST ADDITION (89025).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Coutscilmember Vasiliou, to adopt RESOLUTION
NO. 90-794 AUTHORIZING AMENDING ITEMS 2.1b, 8.0
and 8.2 OF THE DEVELOEMENT CONTRACT FOR WOOD
POINTE ESTATES ADDITION (88U44).
Motion carried on a role call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-795 REQUEST FOA PAYISNT NO. 21 45TH/46TH
AVENUE TRAIL - ZACHARY LANE TO REVERE LANE, CITY
PROJECT NO. 024.
Motion carried on a roll callvote, five ayes.
Councilmember Ricker stated he .jould like the
Council to discums the exten.,.ion of watei and
sewer mains to new. areas of the City. He atated
that possibly the only way the Council can be
responsible to existing Plymouth residents
relating to issues of property taxes is to
c:ont'rol the growth of the community. The i wsue
is to what extent growth is a benefit or burdosn
to nxi.sting residents. Councilmember Ricker
stated the Council should moved immediately to
discuss the issues involved and arrive at a
decision. until those discussions are held, he
will n -)t support extension of utilities to
undeveloped areas of the City, other than a
partial extension of the Northwest TrunK Sewer to
serve the new school,
Coianci lmember Ricker stat@0 thAt: additional homes
create a greatwr load on the schools, which thea
MOLSIZ10_ JQ--7.92
REDUCING
DEVELOPMENT BOND,
H ARBCR P I&ACE
ADDITION (87124)
Item *7 -K -E
PZKLUAk OR.9Q-7.93
REDUCING
DEVELOPMENT PVVn,
SNAN LAKE WEST
ADDIT10:1 (89025)
Item *7-K-7
8E4L.UTIVI: 90-794
AMENDING
DEI'ELOPMENT
CONTRACT FOR WOOD
POINTE ESTATES
ADDITION (88044)
Item *'7-L
USOLUVON 9; -795
REQUEST FOR
PAYMENT NO. 2,
PROJECT NO. 024
Item *7-M
PLANS END
SPEC IF'TC:A's'IONS
PROJECT NO. 014
Item 7--N
Special Council Meeting
December 10, 1990
Page 502
require further levies. He reported that the
Financial Task Force is studying this issue and
the Council needs to address whether it is
economically feasible for the City to cv.tinue to
expand at its present rate. He stated that at
one time the payback of a new residential area
was 13 years. This could croate a serious
economic impact on the City aad schools, and
zesult in additional taxes and reduced service
levels for existing residents.
Coun-iilmember Vasiliou agreed this is a question
t'Ahat needs to be alaked, but stated concern about
put: s ng development 'on hold' While the Council
debate.. the issue, particularly since the council
is considt.r4.nq construction of two new playfields
and has not cat other services.
Bill Pritchmrd. 7rcip Thompson homes, stated he
has been in the process of do•-tlnaing the
Mitchell-Pearron property, %shich •.9ould be
affected by this action, for twn years. V's
stated the company anticipates of their
vo 1L•.;,a next year to be in this developncw-t .
Malay of the sewer extension to serve this 67418,
would cause a sevore hardship on the business.
He asked that the Council consider "spiry-c-iff"
ravenue that occurs ircm new housing.
1.
nwT
Councilmeamber Ricker, stated it is his intent that
the Council would consider all facets end effe-.t-s
of growth, and input would be solinited from reel
estate, developer, and banking interests.
Jim Ostenson, James Development Company, stated
pis comp%ny also plans to conduct a significant
portion of its business in Plymouth in 19?1. He
appreciated the nood for planning, but encouraged
the Council to v,.:ve, ahead with the sewer
extanaion as intonded.
Peter Pf',.aam, Lu.•.dgren Broviiers, stated he is
shockwi" by the proposal tow delay s aw+ar
extenaion until the issue icz studied. He stated
Lundy: ate Brothers has wor•kvej closely with the
City through the :oncept R^la,) and Preliminary
Plat pharaea, and it would be very "unfair:" for
the Coun%.il to dAlay utility installation at t`1is
paint. Mr stated they Council has given
Spacial Coun.;il Meeting
Pecember 10, 1990
Page 50?
nc indicati.,n that this may occur, and a delayY
would create a severe hardship on his business,
a inclueing eivnificant layoffs. He noted that the
Council approved a model home for the site two
monthm ago and hs inferred from that action that
thez a were no problw.T.3, He stated that he has
not beeci " .reated fairly" because there will be
economic: conseque.%ces of a delay,
Councilmember Ricker stated it was :pis
understanding when approving the model home that
no utilities were required for that btructurs.
He also stated that the City has experienced cuts
in Local Government Aid and the effect.m of fiscal
diep. :sties, and the economic prediction 'jots
changed significantly in the last few mnr.ths,
Cout,cilmember nicker noted that discussion of a
moratorium was he,l3 by the Cr uncil a month ago,
with a City Attorney's opinion that followed.
His proposal is not for a moratorium; it is for
controlling growth by limiting u*ility extensiLn.
Mayer Bergman suggested that the Northwest Trunk
Sanitary Sewer project be bid in segments so the
Council can study the issue bot not delay the
bidding process. Manager Willis stated the
specifications could be arrended to accomplish
bidding the project in segments.
Counciln,ember Ricker statod the Colaucil may bo
m sleading developers or offering false hope by
proceedin•1 with bidding before studying the
issue.
Manager Willis statod
sewer that woLld serve
ross a wetland area
If the biddi,g process
of this portion may no
the initial portion of
the elementary school goes
and is winter construction.
is delayed, construction
t be possible in 1991.
John H. Herman, Suite 23CL, 150 S. 5th Street,
Minneapolis, stated .,e is an attorney
rep.+:esentin-g Lundgren Brothers. He stated the
Council has given the developer numerous
approvals for zhia project, including preliminary
plat approval. He stated a City is precluded
from using a moratorium to prevent development
from occurring after the prcliminary plat stage.
Mr. Harman statod thA Council coulee impose a
I
a
U
Special Council Meeting
December 10, 1990
Page 504
moratorium on property other than that which has
received prelim. -.nary plat approval. he stated
there may be substantial damaqes for an interim
delay as the developer has made reasonaale
investments based on reasonable Axpectations.
Attorney Thomson stated the sketch plan approval
sought by the petitioner, and the preliminary
plat approval granted to Lundgren Brothers were
explicitly conditioned upon municipal sewer being
extended to serve the area. ;te noted that the
City has commenced condemnation proceedings for
acquisition of right-of-way necessary for
construction. Attorney Thomson stated he could
give the Council a written opinion on what risk,
if any, the City would face if it, chose not to
bid the contract for construc'.ion of the sewer
line extension. He questioned whether Lundgren
had full ownership of the lard; that would be
clarified.
Councilmember Ricker stated the right-of-way can
be acquired because it will he used at some time
in the future. He also stated he was not
proposing a moratorium.
Cour:cilmember Vajiliou stated that Finance
Director Hahn has not made the Council aware that
the growth factcr is as significant as
Councilmember Ricker believes. If the situation
is significant, the Council should have been made
aware of it earlier.
Councilmember Ricker responded that discussions
were held during budget meetings that under the
tax capacity formulas, the City only captures 1/2
of the now growth and this could pose a
significant problem in the future.
Councilmember Vasiliou requested that, the City
Manager inform School District 284
representatives of the Council's action so they
can adjust their projections.
IN
I
0
Special Council Meeting
December 10, 1990
Page 505
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO.
90-796 APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS, NORTHWEST TRUNK
SANITARY SEWER, CITY PROJECT NO. 014, for only
that portion of the original plan to serve the
new elementary school.
Manager Willis asked that the Council consider
bidding the project in segments. The Council
could allow for the bids to be held for a period
time until the issued is studied. This would
expedite the process if the entire project is
eventually approved.
kttorney Thomson stated he will report back on
the potential liability issue at the next
meeting.
Motior, cargied on a roll call vote, Helliwell,
Ricker, Zitur a%res; Vasiliou and Bergman nay.
MOTYON was made by Co:ancilmember Ricker, seconded
by Couricilmen..)er Zitir, to adoot RESOLUTION NO.
90-797 ORDER PRELIMINILRY ENGINEERING REPORT FOR
1991 STREET RECONSTRUCTION PROGRAM, C1T PROJECT
T.O. 101, for only the segment to serve the new
elementary school.
Motion carried on a r. -)ll call vote, five ayes.
MOTION was made by Ccuncilmemhor Zitur, seconded
by Courciimember Vasiliou, to adopt RESOLUTION
NO. 90--79P AWNING BID TEMPORARY TRAFFIC SIGNAL
CONTROL SYSTEM AT C.S.A.H. 9 AND ANNAPOLIS LANE,
CITY PROJECT NO. 941.
Motior. carried on a roll call vote, five ayes.
MOTION wos made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt. PESOLUTION
NO. 90-799 APPROVING CHANGE ORDER NO. 3, SCHMIDT
LANCE ROAD INTROVEMENTS, CITY PROJI-ECT NO. 705.
Motion carried on a roll call vote, five ayes.
U-NIUMN-9-0-726
APPROVING PLANS
AND SPECIFICATIONS
FOR NORTHWEST
TRUNK SEWER,
PROJECT NO. 014
Item 7-N
PZ3QLUT1OL_ 9Q-7 97
ORDER PRFL. ENG.
REPC;RT F,,R i991
S rREET
RECONSTRUCTION
PROGRAM, PROJF': t
NO. 101
Item *7-0
RF OLUTIQ11_.9Q-7A
AWARDING BID
TEMPOP.ARY TRAFFIC
SIGNAL SYSTEM AT
C.S.A.H. 9 AND
ANNAPOLIS [.ANE,
PROJECT NO. 941
Item *7-P
PZ3Q.L010 -K 7 9 9
CHANGE ORDER
NO. 3, SCHMIDT
LAKE ROAD, PROJELT
NO. 705
Item *7-Q-1
Special Council Meeting
December 10, 1990
Page 506
M TION was made by Counc.lmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-800 APPROVING CHANGE: ORDER NO. 2, CCUNTY
ROAD 101 TRUNK WATERMAIN, CI'*Y PPOJECT NO. 012.
Motion carried on a roll call vote, five ayes.
MOTION was Rade by Ccuncilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-801 ORDERING PUBLIC HEARING ON THE
PROPOSED VACATION OF DRAINAGE AND UTILITY
XSEMENT, LOT 8, BLOCK 3, SWAN GAiCE WEST.
Motion carried on a roll call ••ote, five aye: .
MCTION was made by Councilmemher Zitur, seconded
by Councilmember Vasiliou, to Ldopt RESOLUTION
NO. 90-802 ORDERING PUF.,IC HEARING ON THE
PROPOSED VACATION OF A DRAINAGE EASEMENT FOR
POND=NG PURFOSES, LOT 2, BLOrK 1, RIDGECREST 3RD
ADDITION.
Motion carried on a roll call vote, five ayes.
Item 7-T was deferred for consideration until
December 17.
Item 7-U
December
was deferred for consideration until
17.
Councilmembar Ricker suggested that no action be
taken on the request to hire two, additional
police officers since the budgo- will be adopted
on Docember 11. No a(. -tion was rsken by the
Council.
Cocvnunity Development Director Tremere described
various Zoning Ordinance amendments relating to
parking for multiple family units, comp.Letion of
entrance monuments and perim4gter landscape
improvement, and temrorary sign provisions.
Thecae were :ec:ommended for approval by the
Planning Commisrion.
Jerry Theis, Dundee Nursery, stated that :site
provision could lm,act: nurseries in B-3 Districts
C,
M OLUTI-QU. 2 0- o o
CHANGE ORDER
NO. 21 COUNTY ROAD
101 TRUNK
WATERMAIN,
PROJECT NO. 012
Item *7-Q-2
BF AkV_TIAIL9Q- 4
ORDERING HEARING
ON VACATION OF
EASEMENT, SWAN
LAKE WE S T
Item *7-R
RES-OL—V .9N 91-M
RDERIN3 HEARING
ON VACATION OF
EASEMENT IN
RIDGE OREST 3RD
ADDITION
Item *7-S
Tax Incre-%ent/
Commercial Uses
T.tem /-T
D.A.R.E. Program
Funding
Item 7-U
Request to Hire
Two Additional
Polico Officers
tem 7-V
Zoning ordinance
Amendments
Item 7-W
Special Council Meotiiig
December 10, 1990
Page 507
by requiring a Conditional Use Permit, even
though they are a permitted use given the nature
of greenhouses and nurseries whi-h can involve
outside uses. He stated that he presented his
concerns to the Planning Commission, who
anggested that perhaps the specific use of urban -
zoned nurseries she)uld be studied further. He
requested that the Council direct this to be
studied further.
MOTION was made by Councilmember Ricker, secondod
by Mayor Bergman, to direct staff and the
Planning Commission to :onbider the issue of
nurseries and greenhouses in urban zoning
districts as a conditional or permitted use
relative to outside storage, d13play and sales.
Motion carried, five ayes.
Discussion was held on the recommended provisions
for perimeter landscaping and moniment signs in
PUD ' s .
MOTION was made by Mayor Bergman, seconded by ORDINANCE 9.Q,
Councilmember Zitur, to adopt ORDINANCE NO. 90-38 AMENDING ZONING
AMENDING FORTI04S OF THE ORDINANCE 80-9 ADOPTED ORDINANCE
JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE Item 7-W
PLYMOUTH ZONING ORDINANCE, deleting Section 1
which would reduce the side yard setback in R -1A
Districts as recommended by the Planning
Commission, and deleting Section 2 to be
rewritten by staff to clarify the situation of
phased projects and inter'or common area
improvements.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded FMOLUT.1414 9Q-dQ3
by Councilmember Vasiliou, to adopt RESOLUTION AUTHORIZING
NO. s0-803 AUTHORIZING CONDEMNATION PROCEEDINGS CONDEMNATION
NORTHCENTRAL TRUNK SEWER, CITY PROJECT NO. 019. PROCEEDINGS
NORTHCENTRAL TZUNK
Motion carried on a roll call vote, five ayes. SEWER,
PROJECT NO, 015
Item *7-X
0
Special Council Meeting
Dec.mmber 10, 1990
Page 500
MOTION was made by Counc' lmember Zitur, seconded OBVIU ICZ .2-973-9
by Councilmember vasiliou, to adopt ORDINANCE NO. RELATING TO DUTIES
0-39 RELATING TO PUBLIC SAFETY, PE.RTP.I11ING TO Ow PUBLIC SAFETY
THE DUTIES OF PUBLIC SAFETY DIRECTOR, AND DIRECTOR
AMENDIN` SUBSECTION 310.05 OF THE PLYMOUTH CITY 'tem *7•-Y
CODE.
Motion carried on a roll call vote, 4ive ayes.
MOTION was made by Coun.:.1member Z ttur, seconded REA4LUT10 94 --.B Q 4
by Councilmember vasiliou, to adopt RESOLUxION AUTHORIZING
NO. 90-804 AUTHORIZING THE CITY MANAGER TO MANAGER TO
NOGOTIATE TAE PURCHASE OF A SINGLE FAMILY HOME NEGOTIATE FOR
FOR THE GOMMUNIV DEVELOPMENT BLOCK GRANT (CDBG) PURCHASE OF HOME
YEAR XV SCATTERED HOUSING SITE PROGRAM, FOR CDBG SCATTERED
SITE PROGRAM
Motion carried on a roll call vote, five ayes. Item *7-7
Item 8-A was deferred for consideration to Council Team
Ddcembe 17. Building
Item 8--A
The Council received a report from the Committee. Public Works
on Public Works Building Expansion. Building Expansio%i
Item 9-B
Councilmember kicker stated it is difficult to
accept the cost estimate of $4 8 million for the
project. He does not heli4ve er. effcrt has been
made to limit the sizes of the project and to
address questions he has raised relating to the
growth predictions, office space, and p4rking
formulas. He suggested 1 '.mit ing the cost of the
project. to $3 million.
MOTION was made by Councilmember Rickel:, seconded
by Couneilmembgr Zitur, to limit the Pubic Works
building expansion projent to $3 million.
Manaqer Willis staters concern about dfestigning a
biAldi nq solely by cost, rather than, based on
needs,
Councilmember Ricker stated there wsam some
gvest.ion initially about. the arrhltACt .for t•rie
project. He stated that if the Architect chosen
can't do a project for $ million; poor -haps the
Council should retain a new one to c r,mplate the
t;t r. je -,* at. a lower cost.
Special Council Meeting
Decamber 10, 1990
Page 509
Coiricilmember Halliwell stated that a3earagoy
wher the project was first ccntemplatec., a coat
estimate of $3.2 million was dier.ussed. This iF,
far less than the $4.8 million now estimated.
Councilmember Zitu stated he will not support a
cost greater than $3 million,
MOTION to amend the main motion was made by
Councilmember Ricker, seconded b_ Colcncilmember
5itur, to open the process to otter: architects,
0
Motion to amend carried, Helliwell, Ricker, Zitur
ayes; Vasiliou and Bergman nayn.
Main motion as once amended carried on a ru.Ll
call vote, Helliwell, Ricker, Zitur ayes;
Vasiliou and Bergman nays.
MOTION was made by Co.1mcilmember Zitur, seconded
by Councilmember Ricker, to adopt RLSOLJTION NO,
90-805 AUTHORIZING REMODELING WORK TO BE
ACCOMPLISHED AT FIRE STATION II.
Nc.tion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zi t.ur , to delay consi dertkt ioi•. of
a request from Bone+stroo, Rosene, Ande:lik &
Aamociates for engineering Yee incr.iase until
January wht?n they other engineering fee increases
are received.
Motion carried on a roll call vote, five ayes.
em £-E was defe2`:ed for consideration until
comber 17.
Item C -r was
December .17.
deferred for consideration until
Mararrger Willis stated that &:tion taken Ly the
Hennepin County Board of Commissioners on
November 15 to include the Plymouth Community
Library in its fivR•--y%.ar capital improvement
prop Tram ati pu :ateo "that a Miltua L ly agr®aable
site. donated by f -he City of Fly.-routh, be
accepted by the Hennepin County Libra. Board fr:
a community library, with Bias ian and const.-ru,,tion
KEV,DDELING WORK AT
FIR17 STATION II
Item 8-C
Engineering Fee
Increases
Item 8-D
P.U.P S. Ji Int
Power 1.areement
Iter 8
C'vst comer Scervio-e
Program Options
Item 8--F
P ].1mouth
Library
Item S -G
Community
U
is
Special Council Meeting
December 10, 1993
Page 51.0
of the library to occur during 1991-1992; that
389,039 be added to the 3.991 Capital Budget for
the project; that the total project budge,
including said acquisition, be set at $2,122,769;
and that the coat of the project be funded by
bonded indebtedness."
Manager Willis recommended that the Council
should determine the process and/or procedures it
wishes to follow in meeting with the Hennepin
County Library Board to further discuss the
matter of site selection/acquisition for the
proposed community library. He stated it is
appropriate to promptly address the matter of
what criteria may be used to determine the most
suitable site and how that site may be acquired.
Manager Willis presented a resolution drafted by
Councilmember Ricker, for Council consideration.
Councilmember Vasiliou asked if the resolution
should not state "a mum of up to $400,000",
rather than "a sum of $400,000." Councilmember
Ricker responded that the resolution read
r.orrecta ly as written.
Councilmember Vasiliou suggested of.feiing the
land for a certain length of time, perhaps two
years, rather than offering the land
indefinitely. She stated concern with
appropriating and holding the funds for : hat
purpose with no deadline.
Councilmember Ricker stated the
not authorize expenditure of any
will be hold between the Council
Board to try and determi A which
appropriate.
Councilmember
Helliwell for
issue*
resolution does
funds. Meetings
and the Library
site, if any, is
Zitur thanked Councilmember.
her : i` igent work on the .Library
MOTION was made by Coin o,{.lmember Zitur, .seconded
by Cuuncilmembor Helliwell, to adopt MSoLUTIGN
NO. 90-806 PLYMOUTH CQMMYNITY LIBRARY -
AUTHORIZATION TO PURCHASE SITE..
Motion carried on a roll call vote, five ayes.
RESOUTION .Q-006
L'MOtJTH COMMUNITY
LIBR4PY -
AUTHORIZATION 1.0
PURCHASE SITE
Item 8--G
C7
Special Council Meeting
DeceLber 10, 1990
Page 511
c,ouncilmember Z'tur stated he would be interested
n serving on the site selection cc.mmittee.
Councilmember Ricker stated it his intent that
the selerticn committee would be the City
Council. The Council concurred.
Patrick Shannon, Hennepin Coanty Library Board,
stated the Board is looking forward to working
with the City Council on this issue.
Item 8-H was deferred for .o:isid(3ration to
December 17.
Item B --I war, deferred for consideration to
December 17.
The meeting was adjourned at 1:40 a.m. to
Executive Session for discussion of Labor
Relations Strategy.
f
City Clerk -
City Council
Calendar
Item 8-H
City Council
Informational
Memorandum
Item 8-I