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HomeMy WebLinkAboutCity Council Minutes 06-18-19900 The regular meeting Council was called to at 7:00 p.m, in the City Center at 3400 J..ne 18, 1990. MINUTES REGULAR COUNCIL MEETING June 18, 1990 of the Plymouth City order by Mayor Bergman Council Chambers of the Plymouth Boulevard on PRESENT: Mayor Bergman. Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Resistant Manager Boyles, Com:*unity Development Director Tremere, City Engineer Faulkner, Park Director Blank, City Attorney Thomson, and City Clerk Rauenhorst 1 Y_ 0 Mayor Be-gman announced that Music in Plymouth will be held on Wednesday, June 27. MOTION was made by Councilmember Vasiliou, Consent Agenda seconded by Councilmember Zitur, to adopt the Item 4 Consent Agenda as presented. Motion carried on a roll call vote, five ayes. L41HUTES MOTION wAs made by Councilmember Vasiliou, Minutes sec.,nded by Cuunci:member 7itur, to approve Item *5 the minutes of June 4; 1990. Motion carried on a roll call vo':e, five ayes. PETIMAL _ MUES S _AHD . QQMWIQ&T19Na Community Developmei t Director. Tremere stated that following Council direction, staff has met with Mr, Buich, the neighbo.rhQod representatives, and developers with an interest in the area on two occasions to discuss the applicatiun of Len Beach Roses for Site Plan Approval for construction of Greenhouses north of Medina RoAd and west of Site P'an for Busch Roses Item 6--A Len Regular Council Meeting June 18, 1090 Page 217 County Road 101 (90038). Mr. Busch proposed the construction of additional greenhouses, initially two and then four more on the west side of the facility which incluaes a number of existing greenhouses and his distribution building. The parties discussed the nature of 14r. Bu!ch's operation and the lighting problem perceived by residents. Developer concerns were expressed repardi:.g the impact on future residents and the means by which future buyers would be notifiyd of the problem. Specific discussion was held with Mr. Busch on the need for an approved landscape plan and on waiving his right to an assessment hearing. Director Tremere presented a proposed resolution approving the site plan for Len Busch Roses. He noted the addition of Condition No. 12: "Effective screening and/or lighting schedu_as shall be implemented with the new greenhouses so that no 'light produces glare beyond the boundaries of the property." City Attorney Thomson stated the issue before the Council is whether to approve the site plan submitted by the applicant. He asked whether the application was for two or six additional greenhouses. Attorney Thomson stated that under the Zoning Oreinance, the two additional greenhouses would be permitted uses in the FRD District.. He explained that not all of the existing facilities required site plan approval, building permits, or lighting approvals from the City when constructed. He c ' at ed the City's authority related to tre axibti.ng greenhouses is different than the autnryrity re_at,d to the present Site Plan rpplication. He atated that the light from the existing greenhouses could be considered under the City Code Nuisance Ordinance. He stated that 6uction 8, Subd. 0, of the Zoning Ordinance which applies to existing uses deals with nonresidential performance standards, one of which is glare. It is his opinion that Section 8 does not apply to tr_e existing greenhouses because they are in an FRD District, which :s a residential district. Regular Council Meeting Juile 18, 1990 Page 218 Attorney Thomson said that an individual may also attempt to seek remedy for the lighting situation through a private action for an Environmental Rights Act violation. Attorney Thomson stated the Council can impose reasonable conditions to mitigate the external impacts of the proposed use on the site. Varinus conditions have; been recommended by staff, the Amber Woods residents, and developers. Councilmember Ricker asked how the lighting situation of the greenhouses would differ from lighting from a school or park play -field area. Attorney Thomson stated it must be found to be a public nuisance. This could be determined by a number of factors including degree of light; however, a nuisance is difficult to define. If the Council received complaints and pursued them under the Nuisance Ordinance, a hearing would be held. Councilmember Vasiliou expressed her concern that once the use is in, it is very difficult to later regulate, All concerns and conditions relating to lighting should be specifically addressed prior to Site Plan approval. She believes the existing lighting situation should be announced by signage for the new developments and residents in the CA area. Councilmember Vasiliou inconsistent to enforce aga?.nst developers and this case, particularly and landscapince stated it is strict requirements not do the same in relating to lighting Pe:.er Pflaum, Lundgren Brothers, Wayzata, stated the Len Busch Roses lighting situation will negatively impact the developers' ability to sell homes in the area. Developers will have to disclose the situation to potential home buyers. Mr, Pflaum suggested that the City require existing home owners in the area to disclose the lighting situation when they sell their homes as well. He stated the lighting situation will become worse if the Site Plan is approved foi two additional greenhouses. Regular Council Meeting June 18, 1990 Page 219 Mr. Pflaum gave comparative examples to prove the intensity of the light. He stated that a lighting expert indicated the new greenhouses will increase the existing lighting by 61%. Mr. Pflaum stated developers are not allowed to do anything on a site that negatively impacts adjacent properties, and Mr. Busch should not bo not be allowed to either. Mr. Pflaum stated that Mr. Busch has been cooperative; his busiaess is a large, commercial operation driven by profit motive, just as developers are in business. He requested the following requirements if the Site Plan is approved: the light from the nee greenhouses should be completely shielded, the light frim the existing greenhouses should be s.ielded, berms and landscaping should be installed to block the horizontal glare, and the City should adopt an ordinance which defines nuisance glare and establish criteria for what level is unacceptable. HVJ suggested that a time table be established to allow Mr. Busch to experiment with di ferent types of lighting screens, and recommended that all screening be installed by September 40 1, 1991. Councilmember Zitur asked if Lundgr9n Brothers was aware of the lighting situation when they purchased the property for development. He ha49 not received complaints previously regarding the lighting. Mr. Pflaum stated they were generally aware of the lighting, but were not aware of the intensity of the lighting or that the neighbors considered it a nuisance. Councilmember Vasiliou noted she had lived in the area and that the greatest intensity is in the immediate vicinity of the greenhouses. She agreed with Councilmember Zitur that complaints have not been received prior to this Site Plan application. She suggested that the disclosure requirement may be one of the reasons that rtaidents are now concerned. Russ Waters, 18600 34th Avenue North, President of the Amber Woods Homeowner's Association, stated that following the meeting with Mr. Busch, the Association is drafted their. June 14 letter which recommends the following conditions foz Site Plan approval: 0 Regular Counc+l Meeting June 18, 1990 Page 220 1. Mr. Busch will install mechanical light screens to contain the li"ht in the two greenhouses to be brilt this year. 2. Mr. Busch will present to the council a plan to install similar light containing devices in the existing greenhouses. The goal of this plan will be to have light containing devices in place on all existing greenhouses within 1-2 years. This plan must be in effect and action started upon before construction begins on the rumainirg four greenhouses. 3. Mr. Busch will not turn the existing lights on before 11:00 p.m. on any night regardless of Sky conditions. The only exception to this will be during the period from Christmas to about January 20. 4. Amber Woods, city staff, and developers will meet with Mr. Busch this winter on a typical overcast evening with snow cover, to eraluate the effectiveness of the installed system to contain the light. An agreeable standard will then be determined, after which Mr. Busch will be expected to comply with in his existing and planned greenhouses. Mr. Maters said that Mr. Busch needs time to properly experiment wich the screening devices. The Association supports Mr. Busch and trusts him to work with them to resolve the lighting problem. Counci.'member Vasiliou asked if Mr. Waters' comments officially represent those of the Association. Mr. Waters rebponded yes. Bob Held, A530 3Ath Avenue North, stated that many people did not know the greenhouses are in the limits of the City of Plymouth. That may be a reason that lighting complaints were not !orwarded to the Council in the past. He stated the lighting is a nuisance and t Le disclosure ° oquirement could negatively affect existing homeowners as well as develcpers. He supported the recommendation pre9ented by Mr.. Waters. Regula Co)tncil Meeting 7 me 3.8. 15090 age 2:' t teve Jacobite, 3520 Urbandale Lane, stated the recommendation of the Association shows a spirit of compromise between Ms. Busch and the area residents. He stated that all parties are willing to link the Site Plan approval for the now greenhouses to the lighting problem with the existing greenhouses. Mr. Jacobitz stated it is not fair to allow expansion of the greenhouse operation without addressing the lighting concerns. Curt Tvinneheim, 3420 Urbandale Lane North, stated the light problem is serious. Mr. Busch is a good neighbor and is willing to compromise by accepting the recommwndation of the Amber Woods Association, Mary Lauer, 17435 Medina Road, immediately east of the greenhouses, stated she does not consider the lighting objectionable or a nuisance, b»* rather a protection. Bill Pri+ he coni. Lundgren problem screoninr, r •r: r 1 other s sev E oncaept n Thompson Homes, stated the recommendation of He stated the lighting and he supports the Len Busch n lie is now aware there are s number of residents who object to the lighting used at the greenhouse. He was not previously aware that the lighting was a significant problem. He has anticipated some objection as the area develops. Mr. Busch suggested that he would screen the two new greenhouses this summer and experiment on materials through the winter. He showed screuning materials and estimated it would take three years to screen all greenhouses on the site. He stated the required landscaping berm will not resolve the light problem and he objected to the landscaping requirement for the entire length of the alta. Councilmember vasiliou expressed concern about the wattage comparisons cited by Peter Pflaum, Lundgren Brothers. She stated developers are given little tolerance to comply with the City's requirements, and in this situation a pAriod of two to three years is excessive. once a remedy is found to the Regular Council June 18, 1990 Page 222 Meeting is lighting problem, all greenhouses should be screened in a timely manner. Mr. Busch explained time was needed to evaluate new screening systems. Councilmember Ricker suggested that a condition be added which would prohibit cons'. -.ruction of future greenhouses until a plan for abatement of the light emitted from the existing buildings is reviews-.; and approved by the City Council. Councilmember Vasiliou stated Mr. Busch may decide not to build further greenhouses and the lighting problem could continue. Councilmember zitur agreed that for completion specific* of screening the timeline should be Mayor Bergman stated the city's zoning ordinance needs to be modified to address glare in all areas. Councilmember Helliwell stated there is a sense of cooperation between Mr. Busch and the neighbors and the Council should proceed with their negotiated conditions. The City could pursue the lighting from the existing buildings as a nuisan:e if necessary in the future. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-355 APPROVING SITE PLAN FOR LEN BUSCH ROSES (90038), with the addition of Condition No. 13: "The petitioner shall submit by September 1, 1990, a detailed schedule and plan for abatement of the light emitted from existing buildings by September 1, 1993 so that no glare is produced and no new greenhouses shall be constructed on the site until such plan has been approved by the City Council." Peter Pflaum stated a penalty should be included in the resolution if the lighting req Urement is not met Mr. Jacobitz stated period, Mr. Buacn haN turning the lights midnight., that in the interim agreed to refrain from on until 11:00 p.m. or MMUTION, I0-355 APPROVING SITE PLAN FOR LEN BUSCH MOSES 90038) Item 6-A I Regular Council June 16, 1990 Page 223 Meeting Councilmember Vasiliou stated it is unreasonable to delay Llomplete screening of all greenhouses until 1993. Discussion ensued regarding comments by the City Attorney that the Council could restrict use of lights until a plan was approved. That is based upon willingness of Mr. Busch to work under that constraint. Attorney Bruce Malkerson, representing Lundgren Brothers, asked for a number of legal clarifications. Mr. Malkerson suggested an additional condition that if the glare from the existing greenhouses has not been corrected by a certain date, then the two new greenhouses can no longer be used. Attorney Thomson stated that Mr. Malkerson's proposed condition may overstep the City's Site Plan approval authority. If a condition of approval is not complied with, the City could proceed with :evocation of the Site Plan approval. A result of that action may be that the greenhouses could no longer be used, but it is not clear at this point whether that is legally viable. Site plan related inpacts caa ue tied to site plan approvals. However, Mr. Busch's current operation is a conforming permitted use and is not, as suggested, a nonconforming use. Motion carried on a roll call vote, four ayes= Vasiliou nay. Councilmember Vasiliou is in deference to disclosure requirements homes, indicated her nay vote concerns about the for existing and new Mr. Busch asked if the requirement for landscaping could be amended since it does not affect the lighting issue.- Manager ssue. Manager Willis mated this is a standard which the Council considers on each Site Plan, and is a separate iAsue from the lighting. Mr. Busch can wait until the Medina Road elevation is established to submit a landscaping plan. Director Tremere explained that the plan submitted could propose a combination of improvements, including berming. It was the consensus that Item Mo. 10 should be clarified to reflect that intent. Regular Council Meeting June 18, 1990 Page 224 Councilmember Ricker asked Mr. Busch to keep the Amber Moods Homeowner's Association updated on the progress with screening. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to direct staff to obtain ordinances used by other cities to address glare. Motion carried, five ayes. MOTION was made by Councilmember Vaailiou, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 90-356 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR OPUS CORPORATION FOR "BASS CREEK BUSINESS PARK" (89061) (MPUD 69-1) . Motion carried on a rcll call vote, five ayes. MOTION was made by Councilmember Vaailiou, seconded by Ciuncilmember Zitur, to adopt RESOLUTION NO. 90-357 SETTING CONDIT'ONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR OPUS CORPORATION FOR "BASS CREEK BUSINESS PARK" (89061) (MPUD 89-1), Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vaailiou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-358 ADOPTING" ASSESSMENTS, PROJLCT N0. 035, SANITARY SEWER AND WATERMAIN AREA -• BASS CREEP( BUSINESS PARK ADDITION* Motion carried on a roll call vote, five ayes. Park Director Blank stated the Park and Recreat'on Advisory Commission (FRAC) has been conducting public meetings and working on development of Master Site Plans for Baer Lake and Parkers Lane Playfields. He introduced George Watson, Brauer and AssoclatAa. Mr. Watson presented the rroposed master site plan for Parkers Lake Playfields Mr. Watson stated there is parking for 325 vehicle,n on the site. The County Road 6 access will be right. in - right out only, and a one-way entrance to the playfield Will be RESOLUTIO 90-351 APPROVING FINAL PLAT FOR BASS CREEK BUSINESS PARK (89061) MPUs 89-1) Item *6-B MU_TION__90-M SETTING CONDITIONS TO BE MET PRIOR TO FILING (89061) ITEM *6-B SOLUTION 90-356 ADOPTING ASSESSMENTS, PROJECT 035 ITEM *6-B Master Site Plans for Base Lake and Parkers Lake Playfields Item 6-C Regular Council June 19, 1990 Page 225 Meeting added at the intersection of County Road 6 and Shenandoah. Mr. Watson described the picnic area on the site of the former workhouse superintendent's home. He stated 10-12 parking spaces are proposed for this area. Councilmember Ricker suggested that the parking be limited to the least possible in order to provide for additional picnic tablet. Mayor Bergman agreed; however, he stated some parking is necessary for handicapped accessibility and maintenance vehicleA. In response to a croestion by Councilmember Zitur, Mr. Watson statwd the only lighting at the picnic site would be fog security purposes. CouncO member Ricker st..ted that PRAC has recommended that the picnic area be available only on a reservation basis. He objectl_A to a reservation policy in a public park. He feels all use should be on a first-come, first -serve basis. Councilmembers Ricker and Zitur noted that the City paid $100,000 for this site and it should be availou ...e to all to tie. Director Blank stated that 10-15 picnic tables are planned under the shelter on the picnic site. He summarized the PFAC Commissioners' discussion and recommendation. PRAM' recommended that the future group picric sheltors proposed on the southwest side of Parkers Lane be deleted from the long-range plan since the foruter superintend,%nt site will serve this purpose. One commissioner felt it was premature to delete the planned picnic site. Following discussion, the Council cuncurred that no change ohoi.ild be made to the previous southwest area plan. Director Blank explained that currently no group reservations are allowed for any of our picnic areas. Staff members receive a large number of requests for reserved sites. FRAC Chairnerson Freels stated the PFaC commissioners walked the site and support the 0 Regular Council Meeting June 18, 1990 Page 226 proposed plan. He added that the waterfall should be removed for safety reasons. In response to questions, Manager Willis stated the waterfall was part of a rock garden on the superintendent's site. Councilmmmber Vasiliou asked Director Blank to explain the lighting and scheduling proposed for the playfield. She strongly objected to the use of a reservation system for picnics. Director Blank stated two of the five fields are proposed to be lit at this time. The three unlit -fields will be prepared for lighting in the future if desired. He stated the playfields are scheduled on a 16 wmek season, typically Monday through Thursday nights. The maximum number of days in a year a field would be lit is 104. Councilmember Vasiliou stated the scheduling seemed reasonable to accommodate the adjacent residential districts. She stated there is still the problem of excessive noise after the lights are turned off. Councilmember Ricker stated as much of the roadway to the former superintendent's site should be deleted as possible to provide for additional. picnic tables, Councilmembers Helliwell and Zitu.r stated that some parking is needed for the handicapped, elderly, and small children. Councilmember Ricker asked if the developer of Mallard Pointe is aware of the lighting plans. Mr. Watson stated the plans will be made available to the develcper. MOTION was made by Ciuncilmember Ricker, seconded by Mayor 'ergman, to adopt RESOLUTION NO. 90-359 APPROVING MASTER SITE PLAN i2 FOR PARKERS LAKE PLAYFIELD, PROJECT NO. 022. Mction carried on a roll call vote, .five MSOLUTION 90-359 APPROVING MASTER SITE PLAN FOR PARKER'S LAKE PLAYFIELD, PROJECT C22 item 6-C Regular Council Meeting June 18, 1990 Page 227 George Watson presented the proposed SV e Plan (No. 6) for Bass Lake Playfield recommended by FRAC. A main parking is p roposed for 180 vehicles, with an additional area for 38 vehicles off of Pineview. Mr. Watson stated this is a very difficult site due to the elevation change in the northwest corner, the drainage issues, and the vegetation. Mr. Watson stated that 2.6 of the 23 total acres is proposed to remain as a passive space. Councilmember Helliwell stated that Northwest Boulevard is an important access te-P the park. Director Blank agreed and stated that he does not believe the park could be opined until the Northwest Boulevard is available. He estimated that tennis and skating may be available by 1991; however, full dse of the facility will not he ready until 1992. Director Blank stated the recommended plan proposes lighting for the parking lot, tennis and basketball courts, hockey rink, and one soccer field. Electrical sizing will be included in the event lighting is expanded to additional fields in the future. rAAC Chairperson Freels stated the plan attempts to save as much wooded area as poo:eible. Mr. Natson stated that Plan 3 is recommended by staff. This plan provides an additional soccer field and changes the location for hockey and general skating, Director Blank stated Plan 6, recommended Ly FRAC, addresses resident raquests for a less formalized soccer area in the park, He asked who would be allowed to play soccer on the field and how scheduling would occur. Also, soccer fields need special soil preparation or the City will incur high maintenance Coate. Donald Rutz, 13005 55th Avemie North, stated it is the consensus of the neighborhood that Plan 6 is the preao' artud option, He expressed concern that the soccer field near his40propertywillhaveanelevationdifferenceof eight feat from his property. The lights Regula-- Council June 18, 1990 Page 228 Meeting O from the field will be at property elevation. lighting not be included eye level with his He requested that for the field. Scott Glatstein, 12350 54th Avenue North, stated he bought his home in January and saw the sign indic..Ac ing that a playfield was proposed for the site. He is very pleased with a park in this location; however, he objects to the horkoy rink in his rear yard. He stated boards will stay up year arol-un i and lights will be c.n for ice flooding st 4:00 a.m. Mr. Glatstein indicated his support for Plan 6. Dick Livermore, 12840 54th Avenue North, stated that the residents of 54th Avenue, 55th Avenue, and Pineview Lane support Plan 6. Norman Gartner, 12010 56th Avenue North, spoke on behalf of his neighbor, Mr. Burk Johnson, 5420 Sycamore L^ne, in support of Plan 6. Mr. Gartner stated the City nonducted a questionnaire in May and Plan 6 addresses the majority of desires indicated in the survey. Nr. Gart er urged the Council to consider Plan 6 due to the inclusion of the open e:ccer area. He stated this area would be first-come, first -serve and could be used for unorganised groups. Mr. Garner said that Plan 6 is a compromise developed after input from '.he public, and he encouraged the Council to proceed with the project. Neal Lawson, 12 rU 54th Avenue North, surported Pian 6. He stated that tra`.fic to and from t)%.e park rhould be caratfully considered, and the park should not operate until Northwest Blvd. is connected from the north to Schmidt Lake Road. Drainage and lighting must be carefully considered so as not to negatively impact the neighbors. Mr. Lawson .,eked that resident involvement in the park planning Le allowed to .;ontirsue through the development of final flans. Robert Gomerud, 5415 Pineview Lane, orajinaa. owner of tse ptcrpe:ty, indicated his support for Plan 6. Frrr Otto, 547r Rosewood Lane, requested that the drainage flow i.it aie increaued from the propaL•ty. He favors Plan 6. Regular Council Meeting June 18, 1990 Page 229 MOTION was made by Councilmember Zitur, seconded by Councilmember Irasiliou, to adopt RESOLUTION NO. 90-360 APPROVING MASTER SITE PLAN #6 FOR BP3S LAKE PIAYFIELD, PRvJECT NO. 021. Councilmember Ricker asked staff to respond to the resident comment regarding lighting at 4:00 a.m. Park Superintende.y-t Peterson stated that crbwe nvrmally start preparing ice at 5:00- L:00 a.m.; however a minimum of lights are used and the scaool rinks are scheduled first. Mayor Bergman not .d that Plan 3 ws)tlld provide one more needed soc:c^r field. Also a great deal of passive space has already been retained in the wooded area. He suggested properly preparing the soil for Bocce. in the proposed open passive area in the event that a formal field may be considered ii the future. He stated that this site was planned as a playfield and signed as playfie'd. Maximum use should be made of the field. Councilmember Helliwell support Plan 3 because closer to the homes than could be a prcblem. Motion carried on ayes; Bergman nay, stated she do33 not the hockey rink is in Plan 6 and noise a roll call vote, four MOT?JN was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-361 APPROVING PLANS k4D SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WEST MEDICINE TAKE DRIVE TRAIL CITY PROJECT NO. 93'. Motion carried on d roll call ayes. OTION was made by Councilmember seconded by Councilmember Zitur, RESOLUTION NO. 90-362 AUTHORIZING OF SITE PERFORMANCE GUARANTEE DEVELOPMENT COMPANY (890-75). vote, f ive Vasiliou, to adopt REDUCTION FOR HOYT RESP UTIQ.N .9Q -M APPROVING RASTER SITE PLAN FOR BASS LAKE PLAYFIELD Item 6-C BZSQLUT.IQN 90-361 APPROVING PLANS AND ORDEiZING ADVERTISEMENT FOR BIDS FOR PROJECT No. 931 Item *6-D USOLUTIC:1 90-362 SITE PERFORMANCE GUARANTEE REDUCTION FOR HOYT DEVELOPMENT 89075) Item *6 Regular Council Jung, 16, 1990 Page 230 Motion carried ayes. Meeting on a roll call vote, five MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-363 AUTHORIZING RELEASE OF SITE PERFORMANCE GUAPANTEE FOR REAL STATE DIVERSIFIED, INC., FOR "KINDER CARE LEARN-ING CENTER" AT 4475 HIGHWAY 169 (86034). Motion carried ayes. on a roll call vote, five MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 94-364 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ALAN MUNLA 88121). Motion carried on a roll call aye,v. MOTION was made by Councilmember seconded by Councilmember Zitur, RESOLU`rION NO. 90-565 AUTHORIZING SITE PERFORMANCE, GUARANTEE DEVELOPMENT COMPANY (86127). Motion carried on a roll call ayes. vote, five Vasiliou, to adopt RELEASE OF FOR HOYT vote, five Manager Willis stated the City's Thoroughfare Guide Plan contemplates the realignment of County Road 73 southerly from 'trunk Highway 55 to Sunset Trail.. The realignment would require the acquisition of several private parcels of property. In 1988 the City created Tax Increment Financing District 6-1, largely in response to a proposed retail development which was to have been locrited on the north side of Highway 55, hast of West Medicine Lake Drive. The development did not proceed. In 1989 The Robert Larsen Partners indicated their interest in redeveloping the Schiebe property. Since that time the developer has been working with staff to refine the plan, partil-ularly as it rdlates to traffic impacts. Manager Willis stated Hennepin County shotld assist in financing this improvement. A meeting was held with the City, developer, BE oLUT 4-9.07363 SITE PERFORMANCE GUARANTEE RELEAJE FOR KINDER CARE LEA10!I1G CENTER 8903*6) Item #6-F-1 R OLVTION 90-x_61 SITE PERFORMANCE GUARANTEE RELLASE FOR ALAN MUNLA 88121) Item *6-F-2 USOLUT10 90-365 SITE PERFORMANCE GUARANTEE RELEASE FOR HOYT DEVELOPMENT CO. 86127) Item *6-F-3 County Road 73 Realignment Item 6-G rT Regular Counui] Meeting June 101 1990 Page 231 and Hennepin County representatives to discuss the need for this realignment, particularly due to the upgrade of Highway 12 to I-394 and the future interchange with County Road 73. Manager Millis stated the developer should bear costa attributable to his project. The developer has indicated his willingness to enter into a minimum assessment agreement whereby tax increments in the amount of approximately $500,000 would be generated by his project to help offset the City's costs for the project. He recommended that the City continue to work with the County to determine the degree to which they are willing to participate and a timetable. Once Us County's level of participation is known, the Council can better evaluLte the City's cost participation. Kelly Doran, 730 2nd Avenue South, Suite 261, stated that if the County agrees to pay the costs of this realignment, the City may :hs3 asked to pay for the project in the interim period between construction and county reimbursement. He asked if the Council would approve of this concept. Councilmember Vasiliou asked if anything similar has been done in the past. Manager Millis stated similar situations have occurred on MnDOT projects in the City where the City did the work and later received reimbursement. MOTION was made by Councilmpmber Zitur., seoonded by Councilmember Ricker, to direct staff to continue to explore County Road 13 realignment from Highway 55 to Sunset Trail with Hennepin County. Motion carried, five ayes. Manager Willis recommended that the Council authorize the purchase of one fire truck with pumper/telescoping aerial devi;,e from General Safety Equipment Corporation in the amount of 256,441. The City would reserve the right to purchase a second truck in accordance with Othe proposal, EO Regular Council Meeting June 18, 1990 Page 232 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-366 AWARDING BID FOR PURCHASE OF ONE FIRE TRUCK WITH PUMPER/TELESCOPING AERIAL DEVICE. Councilmember Helliwell which the second new pumps an adequate amount asked truck of water. if the would truck replace Manager Millis stated that that truck is not the first truck out of the station. Fire Chief Robinson agreed that the truck will still be used as backup even if a new truck is purchased. Councilmimbpr Ricker stated the Council is only a month away from budget deliberations and the issu should be considered at that time. He suggestsd that since there is a difference of opinion grout the quality of this backup truck between the Fire Department and the Public Works Director, perhaps an outside consultant should review the sitv.ation and make a recommendation to the Council. Councilmember Vasiliou agreed that an outside consultant would be a g00%2 idea. She has researched companies that do this type of analysis and will provide names to the City Manager. She supported an outside analysis of the Fire Department equipment, personnel, and department. Public Safety Director Carlquist recommended that the Council authorize purchase of only one truck at this time. Motion carried on a roll call vote, five ayes. Public Safety Director Carlquist out.1ired the Fire Code Appeal Procedure and explained that the Gaughan Companies, owners of Harbor Lane Apartments, have requested a formal appeals hearing relating to the requirement what additional fire horns be installed in individual apartments in order to appropriately alert residents of fire. Director Companies Carlquist refuses to stated the Gaughan mediate or comply with 8MMUTION 90-366 AWARDING BID FOR PURCHASE OF ONE FIRE TRUCK Gaughan: Companies Fire Cade Appeal item 6-I Regular Council Meeting June 180 1990 Page 233 the order of the Fire Marshal that fire horns be installed. This matter was before the Council on November 20, 1989, at which time it was agreed that Gaughan Companies officials and the Fire Department would refer the matter to the State Firn Marshal for a decision. The State Fire Marshal responded that his office no longer reviews and acts as a final appeals board. The Council amended the policy on processing appeals on February 8, 1990, limiting appeals to the State Fire Marshal only in those cases where the appellant believes that the Fire Department is enforcing the Minnesota Uniform Fire code unfairly or inconsistently. The State Fire Marshal has responded that he does not perceive the enforcement by the City to be either arbitrary or inconsistent and has returned the issue to the City for resolution at the local level. Stan Scofield, Fire Inspector, explained the situation in the harbor Lane Apartment building. He stated that equipment was obtained to conduct decibel tests of the hallway alarms to determine if they were adequate to warn residents inside the apartments of fire. The equipment was placed in three different apartment units in Plymouth, one of wW.ch was Harbor Lane. Noisfa levels were measured over a 24 hour period and graphed the sound levels +wo within 1/2 decibel. The purpose of this experiment was to attempt to replicate the suggestion of the State Fire Marshal to have a licensed enginter conduct additional tests. The pu:-pose of running a 24 hour test was to establish the average ambient noise level. Fifteen decibels was then added to the average to determine W': appropriate warning level. None of t`:e apartments tested at Harbor Lane measured a-loeibel reading of 70 decibels or more in the bedrooms when the fire horns were set off in the hallway. A minimum of 75 decibels is required. The fire horns in the hallway would alert people in the hallways of a problem; but the intent of the fire code is to alert people inside the units. Inspector Scofield concluded that the Fire Department considers this situation a significant life safety problem. Regular Council Meeting June 18, 1990 Pftge 234 Cathy Bjorkman, Gaughan Companies, stated this is an industry issue and the Gaughan Companies opposes Plymouth's horn requirement. Me. Bjorkman stated the Gaughan Companies' interpretation of the NFPA code is a minimum decibel requirement of 50 --not 75. She stated the Uniform Fire Code does not imply that these audible alarms are intended to be heard in rear rooms or by sleeping persons. Ms. Bjorkman stated that many fire code orders have been corrected at Harbor Lane since the Caughan Companies purchase of the property. Hard -wired smoke detectors were installed in each of the 313 units and in hallways and common areas. She anticipated an ongoing vandalism problem with the horns. The horns will be destroyed, removed, and falsely set off. She stated this requirement is unreasonable and extremely costly. Mayor Bergman asked if other apartment owners have complied with the horn installaticn requirement. 4D Inspector Scofield responded that other apartment building owners have indicated they will comply. Ten structures have already installe-: the system. He estimated the installation cost to be $550•$100 per dwelling unit. Councilmembe.-. Helliwell questioned the difference between the smoke detectors and the alarm horns. Inspector Scofield stated a smoke detector will warn apartment occupants of a fire in heir own unit; however, the alarm horns would notify occupants of a fire in ano!her unit or another part of the building they would otherwise be unaware of. He Stated that in apartment butlding fires, residents don't leave the building because they don't know there is a fire. Me. Bjorkland stated there has never been a casualty due to fire in any of the units managed by Gaughan Companies, anO only two significant fires, with no injuLies, have occurred at Harbor Lane Apartments. Regular Council Meeting Jane lB, 1990 Page 235 Roxie Siegler-HrAselden, Gaughan Companies, stated the smoke detectors are checked in each apartment unit every six months. 1,6nants are also trained on fire evacuation routes. She stated many residents pull alarms falsely and disconnect their smoke detectors. Also, when they hear an alarm, they don't leave the building, but just assumes it's a false alarm. 11 Jim Sorbel, 2899 14th Terrace NW, New Brighton, represented the Minnesota Multi Housing Association, a nonprofit tsade association. Mr. Sorbel expressed his concern with possible ramifications for the industry of this interpretation of the fire code. He does not believe there is a distinct hazard in this situation that warrants horn installation. Mr. Sorbel stated enforcement of this interpretation will have a negative impact of less affordable rental housing in the City. Richard Kelso, Sagamore supported the Gaughan appeal, exiW.ng system is adequate. that if the Council interpretation of the Fire should exclude condominiums. Condominiums, He stated the He suggested supports the Department, it Councilmember Zitur noted that many condominium units are rented and he is concerned with protecting all residents of the City. Aichard Zejdl+.k, 4055 Goldenrod Lane, represented Parkside Apartments. He outlined the fire construction, prevention, and deterrent systems installed in the building. Mr. Zejdlik stated the City's alarm ordinance is not fair. A single family residence gets four false alarms at no charge. An apartment complex also gets four false alarms regardless of the number of dwelling units. Attorney Thomson stated the Fire Code requires that alarms be effectively heard above the ambient noise level during normal levels of occupancy. The Council must make the determination of whether the existing system is adequate or whether the fire horns should be in3talled. The Council must make a decision on the interpretation of the node. The Gaughan Companies are not asking for a variance from the requirement. Regular Council Meeting June 18, 1990 Page 236 Councilmember Ricker stated he would like to see alarm horns in each apartment unit, but that requirement may place a financial burden on some people. He suggested that in the future when an apartment complex is sold, the owner be required to bring it up to standards, including the fire horn requirement. Councilmember Vasiliou stated she has not heard evidence to dissuade her from abiding by the recommendation of the Public Safety Director. Attorney Thomson rem?.r.ded the Council that they are not receiving a staff recommendation. They are hearing two different interpretations of the Fire Code and need to make a decision which interpretation is correct. Manager Willis suggested that staff could summhLize in writing the data preseG. ed by the Fire Department and the Gaughan Companies for Council review. Ms. Bjork land stated the unit used for decibel comparison at Harbor Lane Apartments was not a typical unit. It was neat the boiler room, testing was done in the kitchen with residents and children present. Director Carlquist noted that the recommendation of the State Fire Marshal was that outside testing be done by a licensed engineer. Gaughan Companies does not wish to pay for this testing. He also stated that a limited number of fires it not a good reason to support the Gaughar Companies appeai. As the housing stock in P1}nmou.6h gets older, more fires will occur. Ms. Seigler-Hazelden stated an appropriate ambient noise level should be determined on a national level. Fire Inspector Leuer expressed the concern of the Fire Department that they are finding many residents still in their apartment units when firefighters arrive at fires. Ms. Bjork]and clarified that Gaughan Companies requested mediation of the fire Regular Council June 18, 1990 Page 237 Meeting horn requirement, blit was refused by the Fire Department. Director Carlquist stated that Gaughan Companies has refused to do additional tests and has refused to comply with the installaticn order. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to defer this apFdoal until a staff summary report is received. Motion carried, five ayes. MOTION .gas made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-367 INSTALLATION OF TRAFFIC SIGNAL AT COUNTY ROAD 10 AND NATHAN LANE, CITY PROJECT NO. 812. Motion carried on a roll call vote, five ayes. RESOLUTION 90-367 INSTALLATION OF TRAFFIC SIGNAL AT C. R, 10 AND NATHAN LANE PROJECT 812 Item *6-J MOTION was made by Councilmember Vasiliou, R1QLUTION gyp. --368 seconded by Councilmember Zitur, to adopt RECEIVING RESOLUTION NO. 90-368 RECEIVING PETITION AND PETITION AND ORDERING PREPARATION OF PRELIMINARY REPORT, ORDERING REPORT, SCHMIDT GARDENS WATER'iAIN IMPROVEMEK :, CITY PROJECT 034 PROJECT NO. 034. Item *6-K Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitut, to adopt RESOLUTION NO. 50-369 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 199n SEAL COAT PROGRAM. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 90-370 RED.:ING DEVELOPMENT BOND, HERITAGE RIDGE PLAT TWO ADDITION 89036) . Motiou carried on a roll call vote, five ayes. s RZIOLUTIDN . 90 - 3 69. APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS, 1990 SEAL CuAT PROGRAM Item *6-L PZaQltUTIQN 90-370 REDUCING DEVELOPMENT BOND FOR HERITAGE RIDGE PLAT TWO ADDITION (89036) Item *6-M-1 Regular Council Meeting June 18, 1990 Page 23E MOTION was made by Councilmember Vasiliou, RLSO U I-QK-29-3-71 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-371 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, BASS LAKE WOODS ADDITION (84075). FOR BASS LAKE WOODS ADDITION Motion carried on a roll call vote, five 84075) ayes. Item *6-M-2 MOTION was made by Councilmember Vasiliou, RE1QLUT-1QN- 9.0_-3-72 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-372 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, CARLSON CENTER EIGHTH ADDITION (87092). FOR CARLSON CENTER EIGHTH Motion carried on a roll call vote, five ADDITION (87092) ayes. Item *6-M-3 MOTION was made by Councilmember Vasiliou, PZSQLUTIQK-90-373 se,:onded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-373 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, DEERHAVEN THIRD ADDITION (89105). FOR JEERHAVEN THIRD ADDITION Motion carried on a roll call vote, five (89105) ayes. Item *6-M-4 MOTION was made by Councilmember Vasiliou, RENLUTIQN_90-374 seconded by Councilmember Zitur, to adept REDUCING RESOLUTION NO. 90-374 REDUCING DEVELOPMENT DEVELOPMENT BOND 30ND, BASS LAKE CORPORATE CENTER FIRST FOR BASS LAKE ADDITION (88146). CORPORATE CENTER FIRST ADDITION Motion carried on a roll call vote, five (88146) ayes. Item *A -M -S MOTION was made by Councilmember Vasiliou, RENLUTION 90-375 seconded by Councilmember Zitur, to adopt DECLARING SURPLUS RESOLUTION NO. 90-375 DECLARING PROPERTY PROPERTY AND SURPLUS AND AUTHORIZING SALE, WEST MEDICINE AUTHORIZING SALE LAKE DRI17E . Item *6-N Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vrtsiliou, RESOLUTIQN 90-376 seconded by Cauacilmember Zitur, to adopt ORDERING HEARING RESOLUTION NO. 90-376 ORDERING PUBLIC HEARING ON VACATION OF ON THE PROPOSED VACATION OF DRAINAGE AND FASEMENTS IN UTILITY EASEMENTS, LOTS 1, 2, AND 31 BLOCK 11 PLYMOUTH OFFICE PLYMOUTH OFFICE C01v1MERCIAL PARK ADDITION. COMMERCIAL PARK ADDITION Motion carried on a roll call vote, five Item *6-0-1 ayes. 1 i Regular Council Meeting June 18, 1990 Page 239 MOTION was made by Counciimember Vasiliou, MQLUTION 90-377 seconded by Councilmember Zitur, to adopt ORDERING HEARING; RESOLUTION NO. 90-377 ORDERING PUBLIC HEARING ON VACATIOA OF ON THE PROPOSED VACATION OF DRAINAGE AND EASEMENTS IN UTILITY EASEMENTS, LOTS 6 AND 70 BLOCK 4, PARKERS LAKE PARKERS LAKE NORTH 3RD ACDITION. NORTH 3RD ADDITION Motion carried on a roll call vote, five ayes. Item *6-0-2 MOTION was made by Councilmember Vasiliou, RUQLUTIQN_90- 370 secon4 d by Councilmember Zitur, to adopt ORDINANCE HEARING RESOLUTION NO. 90-378 ORDERING PUBLIC HEARING ON VACATION OF N THE PROPOSED VACATION OF DRAINAGE AND EASEMENT IN MEYER UTILITY :ASIMENT, LOTS 1 AND 2, BLOCK 1, GONYEA ADDITION MEYER GONYEA ADDITION. Item *6-0-3 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-379 seconded by Councilmember Zitur, to adopt ACCEPTING RESOLUTION NO. 90-379 DECLARING ADEQUACY OF PETITION AND PETITION AND ORDERING PREPARATION OF REPORT, ORDERING; REPORT, STREET LIGHTING - CIMARRON PONDS ADDITION. STREET LIGHTING - CIMARRON PONDS Motion carried on a roll call vote, five ADDITION ayes. Item *6-P MOTION was made by Councilmember Vasiliou, RESOLUTION 90-380 seconded by Councilmember Zitur, to adopt RECEIVING REPORT RESOLUTION NO. 90-380 RECEIVING REPORT AND AND ORDERING ORDERING PROJECT - STREET LIGHTING CIMARRON PROJECT, 11REET PONDS ADDITION. LIGHTING CIMARRON PONDS ADDITION Motion carried on a roll call vote, five Item *6-P ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-383 seconded by Councilmember Zitur, to adopt CORRECTION TO RESOLUTION NO. 90-381 AUTHORIZE THE CITY PLAT OF BASS LAKE CLERK TO SIGN LAND SURVEYOR'S CERTIFICATE OF HILLS ADDITION CORRECTION TO PLAT, BASS LAKE HILLS ADDITION. Item *6-Q Motion carried on a roll call vote, five ayes. LJ 7 0 Regular Council Meeting June 18, 1990 Page 240 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-382 APPROVING NO PARKING SIGN INSTALLATION ON 7TH AVENUE BETWEEN VICKSBURG LANE AND RANCHVIEW LANE. Motion carried on a roll call vote, five ayes. MOTIGIN was made by Councilmember Caslliou, seconded by Councilmember Zitur, to adoFt RESOLUTION NO. 90-383 AWARDING BTD FOR 1990 STREET RnCONSTNUCTION PROJECT, CITY PROJECT NO, 001. Motion carried on a roll call vote, five ayes. MOT10N was made by Councilmember Vasiliou, seconded by Councilmember .",itur, to adopt RE30LUTION 10. 90-384 APPROVING RENEWAL OF ON -SALE NON -INTOXICATING LIQUOR LICENSES. Motion carried on a roll call vote, five ayes* MOTION was mane by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-385 APPROVING RENEWAL OF OFF -SALE NON -INTOXICATING LIQUOR LICENSES. Motion carried ayes. on a roll call MOTION was made by Councilmember seconded by Councilmember Zitur, RESOLUTION NO. 90-386 APPROVING AND DISPLAY LICENSES. Motion ayes. carried MOTION was seconded by RESOLUTION LICENSE FOR Motion ayes. on a roll call vote, f ive Vasiliou, to adopt CONSUMPTION vote, five made by Councilmember Vapiliou, Councilmember Zitur., to adopt NO. 90-387 APPROVING AMUSEMENT MAPLE GROVE MALL ASSOCIATION, FMQLUT1.9N 90-302 APPROVING NO PARKING ON 7TH AVENUE BETWEEN VICKSBURG LANE AND RANCHVIEW Item *6-R PASOLUTIQN 90-383 AWARDING BID FOR 1990 STREUT RECONSTRUCTION PROJECT Item *6-S M9LUTIQN 90-384 RENEWAL OF ON - SALE NON - INTOXICATING LIQUOR LICENSES Item *6-T-1 MOLUTION 90-385 RENEVIAL OF OFF - SALE IlON- INTOXIC.ATING LIQUOR LICENSES Item *4;-T-1 MO UTION 90-3@6 APPROVING CONSUMPTION AND DISPLAY LICENSES Item *6-T-1 PASQLU' 1QN 90-387 APPROVING AMUSEMENT LICENSE FOR MAP'.E GROVE MALL ASSN. carried on a roll call vote, five Item *6-T•.2 Regular Council Meeting June 18, 1990 Page 241 MOTION was made by Councilmember "lasiliou, RASQL.UTIQN 90-389 seconded by Counctlmember Zitur, to anopt. SETTING HEARING RESOLUTION NO. 90-388 SETTING PUBLIC HE3RING ON ON -SALE NON - TO CONSIDER THr. ON -SALE NON --INTOXICATING ANO INTOXICATING AND WIRE LIQUOR LICENSE APPLICATIONS OF JIEN WINE APPLICATION FUNGI INC. FOR JIEN FUNGI INC. Motion carried on a roll call vote, five Item *6-T-'2 ayes. MOTION was made by Councilmember Vasiliou, UT1QN_2_Q-389 seconded by Councilmember Zitur, to adopt APPROVING RESOLUTION NO. 90-3.19 APPROVING DISBURSEMENTS DISBURSEMENTS FOR FO THE PERIOD ENDING t'AY 31, 1990. PERIOD ENDING 5--31-90 Motion carried on a roll call vote, five Item *6-U ayes. MOTION was made by Councilmember Ricker, RE840TION 90-390 seconded by Councilmember Zicur, to adoFt PLYMOUTH RESOLUTION NO. 93-390 PLYMOUTH COMMUNITY COMMUNITY LIBRARY LIBRARY. Item 6-V Motion curried on aa< roll call vote, five ayes. MOTION was made by Councilmember Ricker, Status Report on seconded by Councilmember Zitur, to accept Watershed th3 status report on watershed Planning of Planning the Watershed Management Organizations. Item 7-B Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, Project Status seconded by Councilmember Zitur, to accept Report the Project Status Report. Item 7-C Motion carried on a roll ^,all vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasillou, to direct the City Manager to negotiate an return to the Council on July 2 the proposal for architectural services for the public works building expansion. Motion carried, five ayes. Negotiate with BRW - Public Works Building Ex,,ans ion Item -D J Regular Coancil June 18, 1990 Page 242 Meeting At 1:00 a.m. the meeting was adjourned 3:00 p.m. 'Friday, Juno 22 to complete agenda and to meet in Executive Session the City Attorney regarding the claim of Architects . until the with BNBR t u