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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