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HomeMy WebLinkAboutCity Council Minutes 06-04-19907 he regular meeting Co-.mcil was called to a 7:05 p.m. in the ity Center at 3400 Vune 4, 1990. MINUTES REGULAR COUNCIL MEETING June 4, 1990 of tine Plymouth City order by Mayor Bergman Council Chambers of the Plymouth Boulevard on PRESENT: Mayor Bergman, Cnuncilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Com•runity Development Director Tremere, Public Works Director Moore, Finance Director Hahn, park Director Blank, City Attorney Thomson, and City Clerk Rauenhorst. 0-- , 0 Mayor Bergman presented Mrs. Theodore Weinberg with a $400 cheok for winning the It's Not Trash, It's Cash" Recycling Cont ast . George Bowlin, Hennepia County Health Department, gave a presentation on the programs and services available through the Community Health Department, Finance Director Hahn pr.•essnted the 1989 Audited Financial Report. He stated there are no substantial changse from the unaWited report submitted to the Council in February. The City remains in a strong financial posit!on. Larry Jacobson, Charles Bailley and Company the City's auditor), issued an unqualified cpin,ion that the City's fi::ancial statements represent f-%irly the City's financial position changes in financial position, and arc conformance with generally accepts( Ang standards. MOTION w& io by Councilmember Ricker, seconded by wincilmember Zitur, to adopt RMSOLUTIGN NO. 90-333 ACCEPTTNG THE 1989 FINANCIAL REFr)RT AND AUDIT. 0 Recycling Item 4 -A Winner Hennepin County Health Dept, Item 4-B RESOLUTIQN.,P0-333, 1989 FINANCIAL REPORT AND AUDIT Item 4-C u PAWLAR COUNCIL MTMG j an 40 1990 RAM leg Motion carried on a ayes. roll call vote, five Mayor Bergman declared June 14 as Flag Day. Items 8-B, 8-D, and 8-H were removed from the Cor sent Agenda, Flag Day Item 5-A MOTION was made by Councilmember Zitur, Consent R oenda seconded by Councilmember Ricker., to adopt Item 6 the Consent Agenda as amended. Motion carried on a roll call vote, five ayoe. M46NUISS MOTION was made by Councilmember Zitur, seconded by Counci lhuz +her Ricker, to approve the Board of Review minutes vf May 8 and 22, 1990, and the council minutes or Mmv 21, 1990. Motion carried on a roll call vote, five ayes. PETTTIQNS..RE_QUEST9_.AND_ COMMUNI'e1rI0N Community Development Director Tremere presented an appeal of, the Board of Zoning Adjustments and Appeals' Ruling regarding s rariance for Gregory Bohnert at 845 Ranchview Lane (05-01-90). Mr. Bohnert has requested a 3.9 foot variance to allow an 31.1 foot side yard setback to an attached garage. The petitioner proposed that the basis for the variance was precedent already established because two other properties in the neighborhood had xv.eived similar side yard setback variances for attached garages in 1984 and 1987. The Board of Zoning's discussions centered on the pattwrn that h;s been established and the sense of an obligation to approve, primarily on the basis of precedent and not on particular finding.p of hardship or uniqueness. Minutes Item 7 A, B Appeal of BOZA Ruling for Gregory Oohnert 05-01-90) It3m P -A tl MU25% 4 XXMWXL MTXNG Jun 41 1990 PAM 190 Director T: sr.:e st Aoa what %=rts have held in zoning ma• tery ti:at rereated variances from tho same standard in an ordinance can be viewed as an effective &Iteration of the standard unless each variance can be found to have a basis of uniqueness, demonstrated hardahip. and compliance with other valiance stands: ds . The issue before the CounL.+ 1 is a policy question of whether the ordi,:ance should be amended if a variance is deemed appropriate in this case on they basis that it is the latest of several involving the same standard under similar, circumstances. Director Tremere said an amerchaent of the Zoning Ordinance to TPAllnw, for example, a 13 foot side yard between the side lot line ard an attached garaye in R -1A Zoning Districts would reduce the niunber of variance requests. The Council cnu.ld cinsider whether some dimension less than the presently required 15 feet can be adopted to reflect current conununity standards for single family dwelling attached garages. Jay Naftzger, Board of Zoning Chairperson, stated he supports the staff appeal of the Board's decision, However, he is concerned that the council would only consider amending the si4 yard setback requirement. A. attach%d garage;. He stated attached garages should t.ot be singlcil out for special treatment and urged the Council to conmider a. consialent setback for all structures in the R -1A District, Co•in•.ilm:+mber Vasiliou asked if the number of there typb4 of v++r;.ance requests are incraasi^g. She stated that as the City develnps, more residents are improving their propbrt ies a%id this issue will i,ecomq even more import ant . Chairperson Naftzger responded that the Board of Zoning is receiving a,L increased number of thio type of variance request. In nldition, reyuosts are increasing for variances for decks. He stated it is increasingly difflrult to cone.tder v%riance requests that appear L,:asonablo, bmt do not meet tho variance %;i a'.cic ;a. The standards should be 0 evaluated, ALAR comcm l Tnta Jun 41 1990 PAGE 191 Couneilmember Eitur suggested that a meeting be held with the Council and the Boand of Zoning to discuss this and other issues. Greg Bohnert, 845 Ranehview Lane, stated if the variance is granted he will have 11.1' side yard setback. He noted that similar variance requests have been granted in his neighborhood on Lots 37 and 38. Mr. Bohnert explained his request is to add a third stall to his garage. His vehicle has been vandalized outside and he wants to prote•t his property, family members, and quality of the reighborhood. Mr. Bohnert stated he understands the need to retain a 10 foot setback for public safety reasons. Mr. Bohnert stated ho does not view his request P.a a precedent, but as a comparison with other similar requests that have been granted. He stated, however, that precedent certainly ham been set io granting prior requests. Mr. Bohnert said his garage addition could not to done without the variance due to architectL%ral and aesthetic reasons. is :ouncilmember Ricker stated it is his intent to uphold the Board of Zoring's decision of variance approval., with direction that thi q issue be referred to the Planning Commission and that they consider a 10' sideyard setback for single family zoning districts. He also suc nest• ed the V lanning Commi q q i or consider a11. structures attached to a home; not uti ly garages. The Mayor asked whethar Mr. Bohagrt had considered a new garage door ennfigura . which might allow for a reduced width and thus no varia•.ice. Mr. Bohnert explained his vehicle park!ng needs. MOTION was made by Counc:ilmember Ricker, seconded by Councilmember Helliwill, to .adopt RESOLUTION NO. 90•-334 DENYING APPEAL OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULE REGARDING PROPERTY AT 8:5 RANCHVIEW LANE (05- 01-90) . Moti n carried on a< roll call votes, five RE:.JLUTION 99••334. CENYING APPEAL OF E' ''A RULING REGARDING PROPERTY AT 845 RANCHVIEW LANE 05-01-90) Item 8-A A=SVLwR L%VWIL 1Q XNG J'Otte 41 11090 rA= 192 MOTION was made by Councilmember Ricker, seconded by CouncUmember Vasiliou, to direct the Planning Commission tc consider revision of the Zoning Ordinance minimum 15' sides yard setback in the R -1A District, for dwellings and accessc ry structures. Motion carried on a roll call vote, five ayes. Councilmemoer Zitur asked if the trail proposed in the Concept Plan for the Mitchell -Pearson Property" would connect with Greenwood School, Director Tremere stated the trail would connect wlf.h Greenwood School. Councilmember Zitur asked if assignment of density bonus points would be resolved by the Planning Commission. Director Trsmere stated four points would be assigned due to the size of the development. An additional print will be decided at the preliminary plat stage. If the developer is unable to convince the Planning Commission that an additional bonus ;point is warranted, ten dwelling units will need to be eliminated from the developt-tnt., The development would them consist of ZaN dwelling units, rather tear. the 256 no .r proposed. Councilmember Vasi.liou shared the concerns expresser) by Planning Commissioners Plufka and Stulberg of allowing the petitioner to go below the 10 percent open space requirAment. She stated that other designs t.) minimly.A open space have not worked, and she will be looking critically at how the open space is used at the Preliminary Plat stage. Delay in assigning bonus points could mislead the developer and residents nearby as to size of the development. 0 A=QULAR COUNCIL MTING Jun 41 1990 PA= 193 Councilmember Ricker echoed Councilmember Vasiliou'a concerns regarding use of open space. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-335 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR U . S . HODS CORP ^R;.,T T ON / TIIOMP SON LAND DEVELOPMNT DIVISION (9%-,1028). Hill Pritchard, petitioner, stated the original concept plan showed the storm aster drainage area incorporated as open space. Since that time, they have considered including a ponding area, but not storm water drainage, in the open space calculations. This would create homeowner association amenities and provides a passive type of open space. He asked if the Council would consider a ponding area as open space. Councilmember Vasiliou stated ovie supports the concept of passive open space in developmants; however, it must clearly be delineated who will maintain the open space. CouncilmembeL opposed to the spaces moi' uz stated he u:4e of ponds as is also passive not open Councilmember Helliwell asked whether the ponds were nat-oral. Mr. Pritchard responded they v. ire not. Motion carried on a roll call vote, five ayes. MOTION wus made by Councilmember Zitur, seconded key Councilmemoer Ricker, to adopt RESOLUTION NO. 90-336 P.PPROVING SITE FLAN AND CONDTTIONAL USE PERM::T FOR TRAMMELL CROW COMPANY FOR NEW HORIZON DAY CARE (90030). Motion carrifJ on a roll call vote, five ayes. 0 RESOLUTION 90-335 APPROVING RYUD CONCEPT PLAN FOR U.S. HOMES CORPORATION/THOMP SON LAND DEV. 90028) Item 8-8 RESOLUT .ON 90-33 APPROVING S T': E PLAN .AND CUP FOR NEW HORIZON DAY CARE (90030) ITFM *8-C RiGUI.R COUNCIL MT rug jum 4, 1990 PAGE 194 Councilmembers disc•sssed the application of I.S.D. 284 (Wayzata) for a variance from the Urban Development Policy, Rezoning, Site Plan and Conditional Usf, Permit for an elementary school located be .ween County Road S and Highway 55, east of Peony Lane (90031). Councilmember Vasiliou stated .she is concerned with continuing to grant variances for District 284 when they have not completed approved work at other sites in a timely manner and have refused to consider the City's requests for inclusion of "Plymouth" in the District name to establish identity. She noted that rooftop screening is required prior to certification of occupancy in the p.oposed resolution; however, staff has tlowed occupancy of Gleason Lake school and granted a delay fo., installation of rooftop screening at that school. Councilmember Vasiliou stated that at recently completed Gleason Lake School people have been tagged for parking in the fire lanes because there is inadequate parking. She asked if parking will be adequate at this new school. She was also surpriPed that Plymouth Creek school needs $50,000 to put in a playground and has requested a $10,000 contribution from the city. She asked if the playground construction was not included in the $1.2 million bond issue for the school. Councilmember Zitur stated the City of Plymouth has contributed substantial monies to District 284, has provided public safety, and has provided the majority of the enrollment, yet there is no "Plymouth" identity in the district name. Mayor Bergman suggested the District could start by renaming Wayzata East Junior High School, which is Jn Plymouth, I.S.D. 284 requests for elementat:y school 90031) Item 8-D PBOM 1R COUNCIL WATT= Jun 4, 1990 PAM 195 Stan Tikkanen, I.S.D. 284, state:' the issue of identity was a policy matter for the Board and Council to discuss. The rooftop screening at Gleason Lake School will bi completed by the and (.f July. They wanted to wait until the students were out of the building to install the equipment. Mr. Tikkanen stated this new elementary school has substantially n ore parking than Gle:,aon Lake or Plymouth Creex schools. The District may provide a plan for modification of the parking at those schools in the future. He stated the most recently passed bond referendum includea monies for playground equipment at the new school. Mr, Tikkanen stated t1.9 school approaches the City for funds available for neighborhood parks. He said a bike trail will be provided for this school. Councilmember Vasiliou and Mayor Bergman noted thb Council has received letters from students and their parents regarding the traffic and pedestrian access near Plymouth Creek School, Hr. Tikkanen stated t' believe the warrants a signals. A passing la off of County Road 9 1 facility. The majority be transported, very walking distance of the ne District does not re there .for traffic n9 and left -turn lane e proposed to the new of the students will few will live within school. Cuuncilmen her Vasiliou sto ted the School District should be more proactive in notifying studentb and parents of the traffic situation. The City should not be receiving the calls and letters on what the School District does not perceive as a problem. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-337 APPROVING URBAN DEVELOPMENT POLICY VARIANCE, SITE PLA11, AND CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) (90431). Motion carrYed on a roll call vote, five RELOLUTIQN_90-337 APPROVALS FOR DISTRICT 284 NEW ELENZNTARY SCHOOL 90031) Item 8-D 1lS MAR COUNCIL 1 TIBRi Jun 41 1990 PAM 196 MOTION was made by Councilmember Vnuiliou, seconded by Mayor Bergman, to adopt ORDINANCE NO. 90-16 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF HIGHWAY 55, SOUTH OF ROCKFORD ROAD, AND "PEST OF DUNKIRK LANE AS R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Berqman, to adopt RESOLUTION NO. 90-338 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) (90031) . Motion carried on a roll call vote, five ayes. MOTION wa3 made by Councilmember Vasiliou, seconded by Councilmember Zitur, to direct that School District 284 be asked to respond to the City in writing on the City's request for :A change in the District name and school names to include "Plymouth". Motion carried, five ayes. MOTION was made by 144yor Counrilmembcr Vasiliou, Wayzata East Junior Ridgemount. Junior High. Bergman, seconded by to request that High be renamed Motion carried, five ayes. Councilmember Helliwell stated the school names should reflect either the geographic location or some other nrme unrelated to the location. Counciln,smbers Vasiliou and Ricker stated that the Council should meet with District 284 to carry the message personally to the Boars! members, ORDINANCE 90-16 REZONING LAND FOR Y.S.D. 284 90031; ITEM 8-D RESOLUTION 90-338 SETTING COND I T I ONS TO BE MET PRIOR TO PUBLICATION ITEM 8-D ISOULaR COUMIL Ise'l=0 MM 4, 1990 PAM 197 Councilmembers Zitur and Helliwell stated the Council should deet w+.th Board members from each of the four school districts in Plymouth. Staff was directed to send a letter to each of the four districts to schedule meetings with the Council. Manager Willis stated that the City has received additional correspondence from Mr. Jim Guddal regarding the Rezoning and Preliminary Plat requests for Arne Addition. Manager Willis also spoke with Mr. Guddal. Mr. Guddal is concerned that his property will be isolated because of the Arne development. He wants to be assured that any actions taken by the Council relative to the Arne Addition, would not prejudice any future requests he may make relative to his parcel. Manager Willis stated the street access issues have apparently been resolved by the two parties. The Guddals' have questions regarding utility extension and storm water drainage, but these items could be better 1 ddressed at the time the Guddals' submit e preliminary plat request. MOTION ryas made by Councilmember Vasiliou, seconded by Mayor Bergman, tr. adopt ORDINANCE NO. 90-17 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATSD AT 44TH AVLNVE, WEST OF VICKSBURG LANE AS R-2 (LOW M.EDIVM DENSITY RESIDENTIAL) DISTRICT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Eorgman, to adopt RESOLUTION N0, 90-339 SETTING CONDITIONS TO BE MET ' IOR TO PUBLICATION ON ORDINANCE REZONING AND LOCATED AT 44TH AVENUE, WEST OF VICKSBURV LANE (90022) . Motion carried on a roll call vote, five ayes. 0 Q,RD I NANCE _ 2,0 -17. REZONING PROPERTY FOR DENNIS ARNE 90022) Item 8-E RESOLUTION 90-1511.19% SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 90022) ITEM 8-E 0 0 C7 RIGMAR 00021CIL J= 41 1990 Paas 198 NOTION was made seconded by ABSOLUTION N0. PIAT FOR DZNVIS Motion carried ayes. by Councilmembe Mayor Bergman, 90-340 APPROVING ARNE (90022)6 on a roll call Manager Willis stated Mr. Guddal the steps proceed with platting r Vasiliou, to adopt PRELIMINARY vote, five he has discussed with needed in order to his property. Jim Guddal, 4465 Vicksburg Lane, stated there is still the issue of layout of the Arne proposal. He felt the most efficient Kay to develop both propertiets was with a semi- circle bubble. He asked when that would be finalized. Mr. Guddal asked when the access to Vicksburg Lane could be deeded back to him. Manager Wil'is stated the property for the new access •annot be deeded until Arne' s incl flat is a^orovod beca ee :.nly *hen will there, be a lege.' parcel to con•ey. Manager Willis %eked ii a bubble concept ::ould fit withln the dimes: :n= of the ' s *:e co:.cept . Rick Sathre, 9athre-Bergquist, inc,, cchitect for Arne Addition, stated either the bubble or cul-eie-sac design could be constructed within the land 4hown. 11'he straight rather than circular p1m.}ing uesi.gn was chosen becaus., it is easiex to convey. It also allows for a more flexiblo '.esign. In response to a question by M, Guddal, Manager Willis informed Mr. Gudda that he would be unable to fully resolve access and utility gt:fistions about his land atil he propoAed and re3cni ved approval of a final plat for his parc-A?, . Timing of const.r v -t ion of the new street on tiin land to be c: , .,wed by the Arnes' is a matter !fir. Gud_ Al : Ild di r'cuss with t)ie A --,nee', RESOLUTION 90-340 APPROVING PRELIMINARY PLAT FOR DENNIS ARNE 90022) TEM 8-S t LhR COUMIL =TING JUNE 4, 1990 VA= 199 MOTION was made by Councilmember Zitur, RESOLUt ON 90-341 seconded by Councilmember Ricker, to adopt APPROVING MPUD RESOLUTION NO. 90-341 .APPROVING MIXED USE FINAL PLAN PLANNED UNIT DEVELOPMENT FINAL PLAN AMENDMENT AMENDMENT TO SIGN TO THE MASTER SIGN PLAN FOR RYAN CONSTRUCTION PLAN FOR RYAN COMPANY (90039) (MPUD 86-1)o CONSTRUCTION CO. AP AND RELA"ITU Ti. LOT 90039) Motion carried on a roll call vote, five Item *8-F ayes. FILING MOTION was made by Councilmember Zitur, RESOLUTION J97-342. Peconded by Councilmember Ricker, to adopt APPROVING LOT RESOLUTION NO. 90-342 APPROVING LOT DIVISION DIVISION FOR FOR VICKSBURG 55 PARTNERSHIP (90019), VICKSBURG 55 requires compliance PARTNERSHIP Motion carried on a rc11 call vote, five 90019) ayes. ITEM *8-G MOTION was made by Councilmember Zitur, RE30LUTI01R _.0-343 seconded by Councilmemb-sr Ricker, to adopt SETTING RESOLUTION NO. 90-343 e.STTTING COND?TIONS TO CONDITIONS TO BE BE MET PRIOR TO FILING AP AND RELA"ITU Ti. LOT MET PRIOR TO DIVISION AND AMENDING 'PROOF OF PARKING' PIAN FILING FOR VICKSBURG 55 PARTNERSHIP (90019). ITEM *8-G Motion carried on a roll call vote, Five aye®. CommL.:ity Development Director Tremere Len Busch Ross explained the request of Len Busch Roses for Site Plan Request Site Plan approval for a greenhouse addition for Greenhouse located at 18740 Medina Road (900381. Addition (90038) Direc•'.or Tremere stated the petitioner is Item 8-H concerned with Condition No. 10 of the proposed resolution which requires compliance with City site landscape standards. :')^ petitioner questionu the applicability ct' tA landscape plan tr a rure ' parcel. D.irect*r Tremere also presented a letter received from Russell C. Waters, President of the Amber Woods Homeowner's Association. The letter describes a problem with the lighting system in the greenhouses which affects area residences and suggests that some form of shades be considered and that future home buyers be informed of the lighting situation. RNGKTLM COM CIL NMXNO 00% 4, 1990 PAM 200 Len Busch, 4045 Highway 101, stated he has been in business at this location for 25 years and has constructed seve.:al greenhouses. He started using the special lights in about 1985 for winter time rose and other flower growing. This is the first time he has had to fully comply with the Site Platt review and approval process. He stated it is difficult to nomply with the City's landscape standards because Medina Road will be reconstructed and the final elevation is unknown. Mr. Busch stated he will landscape, but would like it to be conaisrent with the Medina Road construction. He was unsure why he would want to waive his rights to an assessment rearing as required in Items 4 and 5 of the Engineer's Memo, Public Works Director Moore explained that this area is opening up for development and waiving rights to the assessment h« -wring is -A standard procedure. In other ti"_dations, however, there is normally an estimated cost of the proposed assessments which is not available in this case. Couraci lmember Ricker noted 'hat removing Items 4 and 5 from the Engineer's Memo would not prevent the City from having the ability to levy special asseseman*s againr. the parcel at a later date. He asked why tems 4 and 5 should not be removed in this situation. Director Moore stated the property is only partly in the Urban Service Area and it may be dif:icult to show benefit of improvements for a greenhouse use. Attorney Thomson stated the highest and beat use of property would be considered when determining benefit, even for an agricultural use. Reasonable aasessmenta Would be supported. I Ri03 MOLAR COUNCIL MVI i m 4, 1990 RAM Sol Bovj hold, 18530 ;4th Avenue North, appeared ou behalf of the Amber Woods Homeowner's association. He expressed concern with expansion of the current greenhouse operation due to the lighting problems experienced in the neighborhoods within 1/2 mile of the greenhouse. Mr. Held requested that the City consider control of the lighting as an environmental, i"sue. 0 Steve Jaeobits, 3520 Urbandale Lane, also wre:sed concern of the amount of lighting. lie stated the impact of the high intensity lights exceide what should be acceptable in a residential area. The existing lighting is a nuisance and construction os more greenhouses will only compound the problem. He stated that Len Busch Roses is a "good neighbor" wi,h the exception of the lighting. Councilmember Vasiliou stated she has received calls from other Amber Woods residenLe and excessive lighting it a real problem. She inquired about other uses of the land and buildings. She asked whether a system of shades was realistic. Councilmember Helliwell asked if the lights ore 'ndoore and for what purpose they are used. Mr. Busch replied and are used from from 9 p.m. to 9 growing light and that the lights are indoors Septembor 15 to April 15 a.m. to provide additional heat . Mayor Bergman asked how the shade/screening proposed by the Amber Woods %r)meuwner'e Association would affect the business. Mr. Busch responded that the shades would raptrict aboL 10 percant of the light during the day ind would cost about $1 million to install. stated that the additional greenhouse (total of 6) proposed tinder this Site plan ..ompletes the entire plan for ;he land, than this op6rat.ion and that greenhouses ari not well suited for other uses. D 4".0 MMAR CWWIL MTIpG Jun 4, 1990 AGS 202 Councilmember Vasiliou suggested that the hours of lighting he shortened to 12 midnight to 9 a.m. in order to cause the least bother to residents in the earlier evening hours. Councilmember Zitur asked the Amber Woods Homeowner Association representative if the shortened hours would :)e acceptable to ahem. Mr. Hold stated he knows Mr. Busch is trying to run a good business, but the lights are a nuisance. Mr. Busch is making an added profit at the inconvenience of the neighbors. Mr. Held said a compromise in the hours to 12 midnlg!%t to y a.m. could be workable. Mr. Jacobitz stated somots form of screening still should be considered. The light is worst when there is cloud cover; the lights can also be seen directly. ouncilmember Ricker suggested that it may appropriate to defer action so that Mr. Busch and the Homeowner Association can 1 set to discuss these issues and proposed compromise in hours of lighting, Councilmembers discussed approval of the Busch request with follow-up on the lighting issues. Attorney Thomson stated the only authority the City has regarding the new greenhouses is the Site Plan approval; a building permit is not needed to erect a greenhouse when it is found to be an agricultural building. Director Tremere added that this is the last phase of the master plan for the site. The situation has reached a point where a rural lqe which has not been highly controlled conn:^.t9 with increased urbanization and residential %%sea. He suggested that the lighting situation be worked out now among the parties as there will be a substantial increase in the nuniber of area residents in the future. RXGUL R CWHCZL =TXNa ima 4, 1990 PAM 203 OMOTION was wade by Councilmember Ricker, seconded by Councilmember Va:•iliou, that the Site Plan request of Len Busch Roses be deferred to June 18 to give Mr. Busch and the concerned neighbors an oppo-cunity to meet and discuss ways to resolve the concerns about the light. Mayor Bergman suggested that U.S. Homes and Lundgren Brothers representatives be included in the discussions since they will be developing abutting property. Director Tremere stated staff will also provide a response to Mr. Busch's concerns regarding compliance with City landscape standards. Counci.lmember. Ricker requested that staff also address Items 4 and 5 of the Engineer's Memo regarding waivinq the right of an assessment hearing. He asked if it would be possible to notify prospective home owners that a lighting condition exists through special assessment searches. Manager Willis stated prospective ho.-sowners ciuld better be advised of the situation through signs in the vicinity. Mr. rusch stated he has plants on order and he nesds approval of the new greenhouses as soon as possible. Motion t,a) defer carried on a roll t a .1 vote, Ricker, Vasiliou, Bergman ayes; k.:tur and Helliwell gays. MOTION was made by Counciimember Zitur, BESO:UTION,y0-344 seconded by Councilmember Ricker, to adopt APPROVING FINAL P.ESOLUTION NO. 90-344 APPROVING FINAL PLAT PLAZ AND AND DEVELOPMENT CONTRACT FOR FIDFN DEVELOPMENT CONSTRUCTION, INC, FOR 'HAWTHORN.' PLACE' CONTRACT FOR 90006), HAWTHORNE PLACID 40006) Motion carried on a cnll call vote, five ITEM *8-I ayes. 0 RZGVLAR .'OUNCIL l Tl= Jun 4, 1990 VA= 204 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-345 SETTING CONDITIONS TO BE MCT PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR EIDEN CONSTRUCTION, INC. FOR HAWTHORNE PLACE" (90006), Motion carriod on a roll call vcte, five ayes. Park Director Blank stated fiat start has met with property owners along the length of the propased West Medicine Lake Drive trail to answer questions and attempt to solve any problems. The trail has been narrowed a; some• locations in an effort to retain trees. At the south enO of the project, immediately north of the railroad tracks, the two properties on the lake side of the road may lose shrubbery and one tree if the trail is constructed as F roposed. The residents have requested that 'he City consider relocating West Medicine Lake Drive ,n an effort to prevent this from happening. Director Blank stated the impact of this relocation is eatimaSI.-ed to be an increased cost of about $12,500. Also, tnere may be additional cost to secure right-of-way from the railroad and these negotiations may delay the project. Dan Moltzen, 1400 West Medicine Take Drive, stated the trail is a good idea, however, his aajor concern is ingress to his property. He stated Af the road were moved 6-8' it may eliminate the need for a retaining wall and will improve safety. Peter opt : Wold, 1402 West Medilcine Lake Drive, stated he also is not opposed to the trail but is concerned about the loss of Tees. He stated there would be more than one tree lost, and moving the road would be the safest on. Mr. Wold and Mr. Moltzen stared their properi.ies will lose value if the shrubs are removed. RESOLUTION 90-34b SETTING CONDITIONS TO BE MET PRIOR TO FILING 90006) Item *8-I Request to Relocate West Medicine Lake Drive ;tem 8-J liQVLAR COM CIL l T IMG jum 4, 1990 PAM 205 Mayor Bergman stated City right-of-way. the plantings are on MOTION was made by Councilmember seconded by Mayor 3ergman, to direct proceed with the original plan for Medicine lake drive Trail. Ricker, otaff to the Wes-` Mr. Moltzen reiterated the safety issue. After further dieviesion )f the safety issues involved, Councilmember Ricker withdrew his motion and Mayor Bergman withdrew his second. MOTION as xitsde by Councilmember Vasiliou, necondeS by CouncilmDmber Zitur, to direct staff to realign West Medicine Lake Drive in an effort to minimize the safety hazard for the trail. Motion f. -k ried on a roll call vote, Ayes. Councilmember Vasiliou asked whether Safety Committee should consjder these of plans and make recommendations to Councils five the types the Park Director Blank stated the cotasulting engineer is responsible for identifying and recommending solutions to safety ccacornn. Cotincilmember Zitur stated the Council nhr;uld nonsider the concept of a community Safety Committee. The Council discussed the merits of having the Rist Management Coordinator or a Safety Committee review these types of iEsues and made recommendations to the Council. Director Moore stated the vegetation Wold and Moltzen properties will have trimmed even though the road i :i moved safety hazard will exist, on the to be or a 0 a 0 RZWLM COUNCIL 1 TING Jum 41 1990 PAGE 206 Tien Elgerton, Bonestroo, Rosene, Anderlik and Associates, Inc., presented the Preliminary Engineering Report for Bass Creek Business Park utility and street improvements, City Project No.008. He stated the water quality ponds are designed to national &tandards and exceed the Shingle Creek Watershed District standards. Pond maintenance will have to be done periodically. i:ouneilmember Zitur asked how often the ponds would need to be dredged. Mr. Edgerton estimated the ponds be dredged at the end of the period and then about every 10 construction cost of the ponds at $322,000, with a cost per 30,000 to $50,000. Councilmember Vasiliou asked estimates are based on. Mr. Edgerton stated on pant experience, from the Hennepin Department. will need to construction year::. The is estimated dredging of what the the estimates are based studies, and information County Soil Conservation Councilmember Vasiliou noted that the engineer has used no actual data from other cities with similar ponds. Councilmember Ricker stated the issue is that at some time and at some cost the ponds will have to be maintRined. Who will be responsible foi: that cost --the City or the developer? Bob Worthington, OPUS Corporat on, stated he isn't prepared to discuss responsibility for pond maintenance at this time. He is not in agreement with the consulting engineer's conclusion that it will cost $30,000 to 50,000 for pond maintenance. Mr. Worthington stated at a ftiture meeting he will present informatiou from Minnetonka on what costs have been to maintain similar ponds based on 15 years of experience. Preliminary Eng. Report, Bass Creek Business Park Project 008 Item 8-K 0 MQUTAR CWNCIL I TXVG Jun, I, 1990 PAM 207 Mr. Worthington stated they have been involved in this development process for 1 1/2 years and have gone through a full Environmental Impact Statement and have addressed comments made by the Corps of Engineers, DNR, City of Maple Grove, Met Council, and City of Plymouth concerned about water quality. He stated they have taken time to respond to each of the issues raised and have developed a plan that addresses them. Mr. Worthington concurred with the recommendations and conclusions of the Preliminary Engineering Report. Councilmember Vasiliou agreed that in the research she has done tt.:i cost estimates presented by the consulting engineers are not realistic. Councilmember Helliwell asked why OPUS is so ai:xious to have the ponds taken over by the City if the maintenance cost is so low. Mr. Worthington stated the City will be asked to use its special assessment authority to levy the coats against the bet,efiting properties. Councilmember Ricker queettoned whether there is a legal provision to use special assessments to levy maintenaLce coats. Attorney Thomson was directed to respond to thin question at the next meeting. Roger Grimm, 6401 Eagle Lake Drive, Maple Grove, appeared on behalf of the Eagle Lake Homeowner's Association. He stated the Association is generally in favor of efforts the developer has made to maintain the water quality ponds. He stated any development will contribute to contamination of the watershed district. He stated they will support the prt-)jeQt if they are assured that. Lhe water quality ponds will be maintained in the future and not just for a few years. IC; is CI ltLill COUNCIL Jobs 40 1990 RAM 209 MOTION was maae by Councilmember Vasiliou, RE30LUTION_90-346 seconded by Councilmember Zitur, to adopt ORDERING PLANS/ RESOLUTION NO. 90-346 ORDERING PLANS AND SPECIFICATIONS, SPECIFICATIONS, BASS CREEK BUSINESS PARK BASS CREEK STREET AND UTILITY IMPROVEMENTS - PHASE I BUSINESS PARK CITY PROJECT NO. 008, PROJECT NO. 008 Item 8-K Motion carried on a roll calf vote, five ayes. MOTION was made by Councilmember Zitur., RE OLUTION,_.94-347 seconded by Councilmember Ricker, to adopt APPROVING PLANS RESOLUTION NO. 90-347 APPROVING PLANS AR'D AND ORDERING BIDS SPECIFICATIONS AND ORDERIK3 ADVERTISEMENT FOR FOR PROJECT 013 BIDS, WELL N0. 13, CITY PROJECT NO. 013. Item *8-L-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, REsoLUTI N 048 seconded by Councilmember Ricker, to adopt APPROVING PLANS RESOLUTION NO. 90-348 APPROVING PLANS AND AND ORDERING BIDS SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR FOR PROJECT 908 BIDS 25TH AVENUE TRUNK WATERMAIN Item *8-L-2 IMPRr)VEM1EPTS, CITY PROJECT N0, 908. Mntion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, RESOLUTION 90-3.49 seconded by Councilmember Ricker, to adopt APPROVING PLANS RESOT,UTION NO. 90-349 APPROVING PLANS AND AND ORDERING biDS SF.:CIFICATIONS AND ORDERING ADVERTISEMN`I' Foo FOR PROJECT 023 BIDS SWAN LAKE NEIGHBORHOOD PAR,.,, CITY Item *8-L-3 PROJECT NO. 023. Motion carried on a roll call vote, i i ve ayes. MOTION was made by Councilmember Zit%ir, RESOLUTION 90-350 seconded by Councilmember Ricker, to adept RECEIVING PREL. RESOLUTION NO. 90-350 RECEIVING PRELIMINARY ENG, REPORT AND ENGINEERING REPORT AND CALLING FOR HEARING ON SETTING HEARING IMPROVEMENTS, COUNTY ROAD 9/COUNTY ROAD 3.01 ON PROJECT 012 TRUNK WATERMAIN IKPROVEMENTS, CITY PROJECT Item *8-M N0. 012. Motion carried on a roll Gall vote, five ayes. IE RmOti.Rlt CO WIL 1 TZNQ i m 41 1990 PAM 209 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-351 DECLARING A NATUILkL PRESERVE for 6th Avenue east of Xenium Lane. Motion carried on a roll call vote, five ayes. Director Moore introduced representatives of Strgar-Roscoe-Fausch, the City's consulting engineer for the proposed improvement on Meet Medicine Lake Dri-re from 45th Avenue to Schmidt Lake Road and or. Schmidt Lake Road from Nest Medicine Lake Drive, to Pineview Lane. Fie stated the recommended alignment for Neat Medicine Lake Drive is designated as Alternative Ab" and the alignment for Schmidt Lake Road as "Alternative SLR 1". Dennis Eyler, Transportation Engineer for Strgar-Roscoe-Fausch, stated the critical issue is in transportation planning. These roadways are needed to transport traffic in and out of the area and to preserve the neighborhoods by preventing traffic from diverting through the local streets. He showed detailed traffic volumes, including existing daily traf:'tc volumes and traffic volume forecasts assuming various road constructions. Councilmember Roscoe-Fausch study at this could be let to Helliwell was time only and another asked if Strgar- doinq the traffic whether the proje.t firm? Director Moore responded that bids would be solicited for construction of the project. Councilmember Helliwell questioned many of the traffic volume statistics presented by the engineer. Councilmember Playfield will in addition to stated that proposed as a Zitur noted that the Bass Lake also cause increased traffic, development in the area. He Schmidt Lake Rond was never neighborhood street. RE§OLVTION 90 _351 DECLARING NATURAL PRESERVE Item *8-N Alignment Study for Nest Medicine Lake Drive/Schmidt Lake Road Improvement, Project 011 Item 8-0 FAIG LAR CQUNiCIL 1ii'PzW JUNi 46 1990 VA= 210 David Netts, '_2830 50th Avenue North, represented re.aidents of the Meadows of Bass Lake. He stated they favor the A -D alignment because it would reduce the wetlands destruction from 3.4 acres to 2.1 scree. He stated that a bridge should be constructed across the Soo Line Railroad. The on -grade crossing creates a problem for emergency vehicles and it is unreasonable that traffic should be significantly delayed due to this crossing. Councilmember Zitur stated he will support an aligz.ment that provides for bridge construction so that all residents can be equally accessed by emergency vehicles. Roses Fallt, 5375 Pineview Lane, presented a petition from residents in the affecte project area. She stated they thought Schmidt Lake Road was going through and were surprised there was hny question of the alignment. The petition requested that Schmidt Lake Road be constructed as propcsed. She stated that with Bass Lake Playfield and proposed development, traffic will significantly increase on C.R. 61. This is the only port?. -south access. She noted the safety issue of individuals using the bike lane on P.neview with the existing volume of uraffic. Mrs. Fallt stated Pineview Lane was not designed to be a through street. It is currently carrying more traffic than was intended and the speed limit of 40 mph is not adhered to. Mrs. Fallt stated the City must meal honestly with residents. All City concept plans indicate that Schmidt Lake Road would connect with C.R. 61. She stated that it would Li more appropriates to disrupt the rear yards of properties along Schmidt Lake Road, than the front yards of properties along Pineview Lane,, Mrs. Fallt agreed that the train intersection at Pineview Lane currently delayo public safety vehicles. She stated she is aware there is a concern about the wetlands, but people are more important. She said the Council has not taken into account the full effects this project would have on an alignment other than Solunidt La?e Road, where it waa originally intended. ARWIM COU14IL MMIG 4, 1990 PAM 211 Garry Roden, 12800 54th Avenue North, spoke in favor of extending Schmidt Lake Road on the oziginal alignment. He stated that Schmidt Lake Road is an integral part of the transportation network of the City. lie estimated that 99 percent of the community living north of the Soo Line support the Schmidt Lake Road extension, mostly for safety reasons. In response to a question by Mr. Hoden, Councilmember Vasiliou stated she was not opposed to the previous Schmidt Lake Road extension project, she was opposed to the process. Ric Canepa, 4965 Rosewood Lane, stated he is not opposed to the connection of Schmidt Lake Road. He stated that the Soo Line overpass is critical for public safety reasons. He suggested that the A -D and SLR -2 alternatives impact least on the wetlands. Dan Olson, 4:45 Rosewood Lane, btated that until the Hoo Line crosping is changed, traffic will not be reduced on Pineview Lane. He utated the Schmidt Lake Road extension is needed to service development. The bridge makes sense for safe,' -y reasons. The representative from Strgar-Roscoe--Fausch stated a bridge at the Soo Line crossing will work with all three alternatives. If an alternative with curvature is chosen, speeds will be lees. Mayor Bergman received verification from the consulting engineer that the curvature of the A -C alternative is less than the A --D alternative. Councilmembers thanked rsaidents for their comments and suggestions. 0 VJIGUZAA COUNUL NMZ= ims 4, 1990 PAM 212 Councilmember Helliwell stated she is disappointed with the planning of Schmidt Lake Road. She stated the wetlands near I- 494 have not even been considered. She stated if the Council would have looked at the entire plan and environmental concerns at the beginning, the project would never have gone ahead. Councilmembers further dircu&sed the various alignments. MOTION was made by Councilmember Aicke_, seconded by Councilmember Situr, to approve the Alignment A -D and the straightened SLR -1 Alternatives, with the understanding that there will be a bridge at the Soo Line crossing. MOTION was made by Councilmember Helliwell that the Council only consider the Alignment A -D Alternative. The motion failed for lack of a second. Manager Willis noted that the A -D Alternative is through high densi:.y land and he predicted substantial increased right-cf-way costs over Alternative A -B. Councilmember Helliwell stated she supports C.F. 61 but not Schmidt Lake Road and will not support the motion. Motion carried on a roll call vote, four ayes, Helliwell nay. Director Moore expiained that the Andersonr at 5155 Cottonwood Lane have roquested a 10 foot vacation of a drainage and utility easement in tha rear of their property. The vacation is neaded so they can cc,struct a three season porch. Director Moore recommended that before the vacation request be considered, the storm water holding capacity of Pond SC.-P17A be recalculated in order o ensure that adequate pond capacity does exist. Councilmember Ricker asked what costs would be involved in getting thio information. S Director Moore stated a lot of the work can be done from the City's aerial. photos. Request Easement Item 6-P for Vacation YaKR M C00WIL =TIM Jun 41 1900 PAW 219 Rick Anderson, 5155 Cottonwood Lane, stated the home was built in 1983 and when h4t recently applied for a permit to construct his deck, he became aware of the easement. He stated Vat during the heavy rain in 1987, there was only a small amount of water in the pond and there were no problems. He doesn't feral he should be responsible for recalculating the water holding capacity of this pond. CJunciluember Zitur stated there is currently no water in the pond and he has no problem with the request. MOTION was make by Councilmember Ricker, RESOLUTION 90-352 seconded by Councilmember Vasiliou, to adopt ORDERING HEARING RESOLUTION NO. 90-352 ORDERING PUBLIC HEARING ON VACATION OF ON THE PAOPOSED VACATION OF A DRAINAGE AND EASEMENT IN UTILITY EASEMENT, LOT 9, FLOCK 11 ZACHARY ZACHARY HILLS HILLS ADDITION. ADDITION ITEM 8--P Motion carried on a roll call vote, five aye y . Director Moore reported on the recommendation Special Assm't of the Special Assessment Committee that the Committee Council order the watermain improvement on Recommendation 25th Avenue betweet Lancaster Lane and the Item 9-A frontage road along Highway 189. It further recommended that this one block segment of street not be eliminated frord the Street Reconstruction Program approved by the Council. Councilmember Helliwell reported that the assessment per parcel would have been about 2,000 for street only, and $4,000 for street and wehermain construction. Five of the seven affected residents dun't want the project. Councilmember Ricker stated that since this is under the Reconstruction Program, the City will pay 70 percent of the cost. The City should not pay this proportion if watermain is not included, because the street will have to be torn up later to install utilities. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-351 seconded by Mayor Herdman, to adopt ORDERING PROJECT RESOLUTION NO. 90-353 ORDZRING IMPROVEMENT AND PREPARATION AND PREPARATION OF PLANS AND SPECIFICATIONS, OF PIANS FOR 25TH AVENUE WATERMAIN, STREET ..AND STORM SEWER PROJECT NO. 025 IMPROV'EMENTSS, CITY PROJECT NO. 025, ITEM P -A 1 RigOUTAR COUNCIL I TINQ JUNZ 41 1990 VA= 214 OMotion carried on a roll call vote, fiv,% ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to appoint the following residents to the Wetlands Task Force: Noz-man Gartner, Mary Peterson, Thomas Stenoien, Cheryl Knox; with Paul Wirtz as alternate. M:.t+4on failed on a roll call vote, Vasiliou and Berqman ayes; Helliwell, Zitur, and Ricker nays. MOTION was made by Councilmember Ricker, seconded by Councilmember Hellivell, to adopt RESOLUTTON NO. 90-354 APPOINTMENTS TO WETLANDS TASK FORCE, appointing Paul Wirtz, Norman Gartner, 2:!,ry Peterson, Thomas Stenoien, with Cheryl Knox Z%-• alternate. Motion carried on a roll call vote, Helliwell, Zitur, and :ticker ayes; Vasiilou and Ei r mman nays, Appointments to Wetlands Task Force Item 9-B RESOLUTION 90-354 APPOINTMENTS TO WETLANDS TASK FORCE ITEM 9-B MOTION was made by Ciuncilmember Zitur, Articles for seconded b; Mayor Bergman, to direct staff to Plymo-.;tn News include an a=t.+•:le in Plymouth News on Plymouth's form vi city government and history. Motion carried, five ayes. MOTION xas made by Councilmember Zitur, Aeccnded L y Councilmember Ricker, to direct staff to include an article in Plymouth News on all major road construction. Motj%n carried, five ayes. MO':ION %,is made by Councilmember Zitur, seconded by Counci..mf-nber Ricker, to direct staff to include an article in riymouth News on the Neighborhood Watch program. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to direct etaiff to send a letter to each Qraduate of the D.A.R.E. Program, congratulating them in An effort to gain parent involvement. Motion carried, five ayes. Letters to D,A.R.E. Graduates COUNCIL JONZ 41 1990 PAOR 215 MUTING Manager Willis asked if the Council interested in holding a groundbreaking Fire Station I. Staff was directed schedule a groundbreaking. was Fire Station I for Groundbreaking to Councilmember Helliwell ata,, -.ed she met with Count} Commissioner Tad Jude, Mr. Rohlf of the Library Hoard, Manager Willis, and Pat Neils regarding efforts to get a liLrary in Plymouth. Manager Willis stated that auggested that the issue Commissioner Sivanich. Council send a letter indicating an interest Staff was directed to for Council signatures. He to in a Commissioner Jude be forwarded to suggested that the the Commissioners Plymouth library. prepare such a lettez The meeting was adjourned at 1:23 a.m. 1 It 4_A_k -St-h City C -.erk E. 0 Plymcuth Library