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HomeMy WebLinkAboutCity Council Minutes 07-16-1990IE MINUTES REGULAR COUNCIL MEETING JULY 161 1990 The regular meeting of the Plymouth City Council was called to order by Deputy Mayor Vasiliou at 7:02 p.m. in the Council Chambers o! the City Center at 3400 Plymouth Boulevard on July 16, 1990. PRESENT: Deputy Mayor Vasiliou, Councilmembers Helliwell, Ricker, Zitur ABSENT: Mayor Bergman STAFF PRESENT: City Manager Willis, Manager Boyles, Community Development Tremere, Public Works Director Moore, Director Hahn, Public Safety Director City Attorney Thomson, and City Clerk Assistant Director Finance Carlquist, Rauenrorst Deputy mayor Vasiliou presented a check to Ed Moeller, winner of the "That's Not Trash It's Cash" Recycling contest. Deputy Mayor Vasiliou point on the agenda. moved Item 8-V to this MOTION was made by Councilmember ZAtur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-415 SUPPORTING THE BIDEN BILL. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION 90- 416, proclaiming that the City Council will do everything possible to end violence, abuse, and discrimination against persons. Motion carried on a roll call vote, COUNT AQ[DA four ayes. Recycling Winner PASOLUTIQN 90-415 Supporting the Biden Bill to Combat Violence Against Women Item 8-V FMOLUTON 90-416 Proclamation to End Violence, Abuse, and Discrimination Against Persons Regular Council Meeting July 16, 1990 Page 266 Councilme-ober Helliwell removed item 7-P from the Consent Agenda. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt the Consent Agenda %a amanded. Motion carried on a roll call vete, four ayes. Item 8-H, Appointment to Adjustments and Appeals Mlt[SITK4 the Board of Zoning was added to the agenda. MOTION was made by Councilmember Zit•ir, seconded by Councilmember Helliwell, to approve the minutes of the July 2, 1990 meeting. Motion carried on a roll call vote, four ayes. Deputy Mayor Nasiliou opened a public hearing at 7:09 p.m. or the application of Jien Fung, Inc., 10100 6th Avenue North, for an on -sale nonintoxicating and wine liquor license. No one a,,peared and the hearing was closed at 7:09 p.m. MOTION was tide by Councilmember Zitur, seconded by Counc lmember bicker, to adopt RESOLUTION N0, 90-417 APPROVING WINE LICENSE FOR JIEN FUNGI INC. liotion c*rried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-418 APPROVING ON -SALE NONINTOXICATING LIQUOR LICENSE FOR JIEN FUNGI INC. Motion carried on a roll call vote, four ayes. Deputy Mayor Vasiliou opened a public hearing on vacation of drainage and utility easements within Lots 1, 2, and 3. Block 1, Plymouth Office Commercial Park at 7:10 p.m. No one appeared for the hearing and the hearing eas closed at 7:10 p.m. Consent Item *5 Minuter Item *6 Agenda MOLVTION 90-417 APPROVING WINE LICENSE FOR JIEN FUNGI INC. Item 6-A RF MUTIOR H-416. APPROVING ON -SALE NONINTOXICATING LIQUOR LICENSE FOR JIEN FUNGI INC, Item 6-A R*T%31ar Council Meeting July 16, 1990 Paye 267 MOTION was made by Councilmember Zitur, seconded MOLUMN 90-419 by Councilmember Ricker, to adopt- RESOLUTION NO. AUTHORIZING 90-419 AUTHORIZING THE WRCATION OF DRAIMAGE AND VACATION OF UTILITY EASEMENT WITHIN LOTS 1, 2, AND 3, BLOCK EASEMENT IN 11 PLYMOUTH OFFICE COMMERCIAL PARK, PLYMOUTH OFFICE COMMERCIAL PARK Motion carried on a roll call vote, four ayes. Item 6-B-1 Deputy May%t Vasiliou opened a public hearing on vacation of drainage and utility easements within Lots 6 and 7. Block 4, Parkers Lake North 3rd Addition at 7:11 p.m. No one appeared for the hearing, and the hearing was closed at 7:11 p.m. MOTION was made by Councilmembei Zitur, seconded OLUTION 20-420 by Councilmember Helliwell, to adopt RESOLUTION AUTHORIZING NO. 90-420 AUTHORIZING THE VACATION OF DRAINAGE VACATION OF AND UTILITY EASEMENT WITHIN LOTS 6 AND 7, BLOCK EASEMENT IN 4, PARKERS LAKE NORTH 3RD ADDITION. PARKERS LAKE NORTH 3RD ADDITION Motion carried on a roll call vote, four ayes. Item 6-B-2 MOTION was made by Councilmember Zitur, seconded RLS.QLUTIQN_9Q.-421 by Councilmember Helliwell, to adopt RESOLUTION SETTI:Jr CONDITIONS NO. 90-421 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OF RESOLUTION NO. 90-420 VACATING THE FIL?IV s DRAINAGE AND UTILITY EASEMENT FOR LOTS 6 AND 7, Item 6-B-2 BLOCK 4 PARKERS LAKE NORTH 3RD ADDITION. Motion carried on a roll call vote, four ayes. Deputy Mayor Vasiliou opened a public hearing on vacation of drainage and utility easement within Lots 1, 2, and 3, Block 1, Meyer Gonyea Addition at 7:12 p.m. Ne one appeared, and the hearing was closed at 7:12 p.m. MOTION was made by Councilmember Helliwell, RESOLUTION 90-•4221 seconded by Councilmember Zitur, to adopt AUTHORIZING RESOLUTION NO. 90-422 AUTHORIZING THE VACATION OF VACATION OF DRAINAGE .AND UTILITY EASEMENT WITHIN LOT 1 AND 2, EASEMENT WITHIN BLOCK 1, MEYER GONYEA ADDITION. MEYER GONYEA ADDITION Motion carried on a roll call vote, four ayes. Item 6-B-3 Regular July 16, Page 268 C:ouncii 1990 Misb-%'-.ing MOTION was made by Councilmember Helliwell, PZSQLUTIQN_90-423 seconded by Councilmember Zitur, to adopt SETTING CCNDITIONS RESOLUTION NO. 90-423 SETTING CONDITIONS TO BE TO BE MET PRIOR TO MET PRIOR TO FILING OF RESOLUTION NO. 90-422 FILING VACATING THE DRAINAGE AND UTILITY EASEMENT FOR Item 6-B-3 LOTS 1 AND 21 BLOCK 1, MEYER GONYZA ADDITION. Motion carried on a roll call vote, four ayes. i 0 * J` r 09 Y'Y i\ \ Manager Willis stated the appeal by the Gaughan Gaughan Companies Companies regarding additional fire warning horns Appeal from Fire in the Harbor Lane Apartments was carried over by Code Requirements the Council from the June 18 meeting. The City Item 7-A Attorney, fire department staff, and Gaughan Companies representatives have provided an analysis and summary of the issues presented. The Council should decide whether to grant or deny the appeal of the Gaughan Companies, Jake Ziebarth, 14600 34th Avenue North #118, stated he resides at Park Place Apartments. He stated he was glad the alarms were placed in his apartment, and he supports the fire code requitement. Kathi Bjorkman and Roxie S.4.egler-Hazelden were present from the Gaughan Companics to answeW. questions, MOTION was made by Councilmember Zitur, seconded USQLUTL4N-2Q7424 by Councilmember Helliwell, to adopt RESOLUTION DENYING THE APPEAL NO. 90-424 DENYING THE APPEAL OF THE GAUGHAN OF THE GAUGHAN COMPANIES PERTAINING TO THE UNIFORM FIRE CODE. COMPANIES Item 7-A Deputy Mayor Vasiliou stated that a recent news article regarding a child's death in an Anoka fire compelled het to support the Fire Code requirement. Motion carried on a roll call vote, four ayes. Manager Willis presented the staff report on the County Road 9/ County Road 9/County Road 24 Alignment Study. County Road 24 The Planning Commission has recommended that the Alignment. Study Council adopt the McCombs Frank Roos "West Item 7-B Alignment". The staff further recommends that L Regular Council July 16, 1990 Page 269 Meeting the Council take the necessary the undeveloped property on the Trunk Highway 55 to provide for interchange in this area. Deputy Mayor Vasiliou asked how of -May acquisition may take? steps to reserve south side of a possible future long the right - Manager. Millis stated the time frame will largely depend on when development occurs. As property is platted, the City will receive right-of-way through dedication. Mike hair, 15050 23rd Avenue North, was present to answer questions. David Davenport, Lindquist. i Vennum, 740 E. Lake Street, Wayzata, stated he is counsel for Dundee Nursery. He stated there would be no impact on the business if the Council decides not to extend County Road 9. However, if one of the westerly alignments and a separated grade intersection were chosen, with an eventual interchange as suggested by the city Thoroughfare Plan, the impact on Dundee could be substantial. Mr. Davenport questioned the need to extend County Road 9 westerly to Vicksburg Lame based on projected traffic. He also asked who would be served by such an extension. Mr. Davenport stated Dundee favnra an easterly alignment; however, understands that the City's project consultant and area developers favor a westerly alignment, Ha stated Dundee would accept the westerly alignment only if there is no interchange with T.H. 55. Mr.. Davenf ort noted that Plann+ ng C-immissionei Plufka did not favor an iatercharga at County Road 9 and T.H, 55. He stated such an interchange would have a substantial impact or. Dundee Nursery and questioned whether the City would allow Suldee to expand its business in the future if an interchange is proposed, it may also impact the ability of Lhe owner to sell or refinance the property. Mr. Davenport expresaed doubts of %hether the wetlands in the area could be preserved considering the substantial uir'.: movement that would be necessary fog construction of aia interchange. Regular Council Meeting July 16, 1990 Page 270 He requested that the Council clarify Khat is intended so Dundee has soma idea '.ghat to expect. If the Council wlects not to acquire right -of -May imaso ately, he asked that the Council go on rec *L 4 t:fat a future intersection at T.H. 55 and County Roar! 9, if any, would be at grade and that no separated grade intersection is contemplated. He requested that the Planning Commission minutes reflect that a formal, written objection was submitted on behalf of Dundee N-rsery, Hill Pritchard, ILS., Homes, stated he supports the staff recommendation and the proposed westerly alignment. He favors the alignment because the intersection will be a 90 degree 49anfiguration and there will be minimal impacts on wetlands and trees. The proposed alignment also meets the design criteria relative to street curvature. He suggested that if the curve were tightened on a future interchange, there would be less impact on the Dundee property. Hans Hagen, 2353 North Ricu Street, supported the McCombs Frank Roos "Nest Alignment:". He stated this alignment is consistent with the City's Thoroughfare Guide Plan, Richard Bloom, 14600 Woodruff Road, Wayzata, supported the McCombs Frank Roos "West Alignment". He noted that this alignment does not depict an interchange at County Road 9/T.11. 55. He stated the timing of the interchange construction is far in the future, perhaps 20 years, and need not be considered at this time. He stated an on grade in ersection will serve the City's needs for many years, Kay Harris, Towle Real Esta;:e, stated the potential buyer of property at the southwest corner of T.H. 55 and C.R. 24 is opposed t thos intersection of C.R. 24/C.R. 9 and T.H. 55. T'nis would be a change to the Thoroughfare Guide Plan. She requested thaty the Council either delete reference to the future C.R. 24/C.R. 9/T.H, 55 interchange, or immediately purchase right--.f-way necessary for construction. F 4 C 0 Regular Council July 16, 1990 Page 271 Meeting Deputy Mayor Vasiliou asked the staff's position on the prorAsed interchange at T.H. 55. Manager Willis stated the type of intersection is a policy decision for the Council to make; however, at some future date the State may propose an above -grade interchange at T.K. 55 and C.R. 24 in order to facilitate transportation movement on T.H. 55. Public Works Director Moore stated a future interchange has been indicated on the City's adopted Thoroughfare Guide Plan since 1972. This need was reinforced in the 1989 review of the Guide Plan based on projected traffic from guided land uses. He stated the traffic proj,a:.rions recognize the reed for an interchange. The westerly alignment would continue to recognize a possible future interchange. Deputy Mayor Vasiliou stated she is reluctant to acquire right-of-way for a possible I,nt.erchange that may be many years in the future, particularly since the rate of new construction seems to be down this year. Councilmember Helliwell asked why the possible future interchange was not a concern when Dundee rebuilt from fire sevezal years ago. Director Moore stated the previous proposed alignment waa through the middle of the wetland area to the east. Since the Council and other regulatory agencies have become more sensitive to preservation of the wetlands, the alignment was adjusted to minimize the impact. Community Development Director Tremere added that it is only recently that specific development has been proposed and, thus, detailed alignments for an intersection have been reviewed for this area. The Thoroughfare Guide Plan and Land Use Guide Plan were spe:ificilly shared with the Dundee owner before the new facility was constructed. The plans were not detailed. Councilmember Helliwell stated she does not support right-of-way acquisition at this time. Council.members Ricker and Zitur agreed. OV Regular Council July 16, 1990 Page 272 Meeting Deputy Mayor Vasiliou asked when the Planning Commission would next consider the interchange issue. Manager Millis stated an interchange would be considered when one or more property owners submit plans for development that would impact the right-of-way for a proposed interchange. MOTION was made by Councilmember Ricker, seconded by Deputy Mayor Vasiliou, to approve the McCombs -Frank -Roos Westerly Alignment" for the County Road 9/County Road 24 alignment and Highway 55 intersection location, and to take no action at this time relative to acquir+ng right- of-way for a future interchange. Manager Willis reiterated that the Thoroughfare Guide Plan would still reflect tho possibility of a future interchange and that wou16 he conveyed tv property owners and proaractive developers. Motion carried, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-425 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR GEOFFREY GAGE FOR KINGSVIEW HEIGHTS SECOND ADDITION (90047) (RPUD 85-1). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-426 APPROVING CONDITIONAL USE PERMIT AMENDMENT F01k ST, MARY OF THE LAKE CHURCH 90049). Motion carried on a roll call vote, four ayes. Manager Willis presents! the Planning Commission recommendation for approval of an MPUD Concept Plan, an MPUD Preliminary Plan/Plat, Conditional Use Permit and Rezoning from FRD to R -1A and S-3 of property located southwest of Medina Road and southeast of County Road 24 ,90029). BL1QT.t1TION 9-0-425 APPROVING RPUD CUP AMENDMENT FOR GEOFFREY GAGE FOR KINGSVIEW HEIGHTS SECOND ADDITION 90041) Item *7-C CONDITIONAL USE PERMIT AMENDMENT FOR ST. MARY OF THE LAKE CHURCH 90049) Item *7--D Hans ilagAn Homes MpUD Concept Plan Item 7--E 0 Regular Council Meeting July 1 f+, 1990 Page 273 MAi Gai: siuowed slides of the area and described the proposal to develop a 66 acre site into 76 single family detached building lots, 2 freestanding service commercial sites, and 1 industrial site. Mr. Gair stated two 'variances' are bt.ing requested. The first is approval of a 25 -foot frons yard setback for 34 specific lots along with the Preliminary Plan/Conditional Use Permit, nstead of lot -by -lot as recommended by the Planning Commission. The second is approval of a 35 -foot r3tback to Medina Road for living areas and garages located east of County Roar' 24, instead of 35 feet for garage and 50 feet for living areas as recommended by the Planning Commission. He stated the 'variennes' are being requested to protect trees and wetland areas and to avoid submitting individual lots for review and setback approval. Deputy Mayen vasiliou asked the intent for Outlot E. Mr. Gair stated Outlot E is intended as open space which could be deeded ;o the homeowners' association or individual adjacent property owners. Deputy Mayor vasiliou encouraged the developer to deed the property to individual lots rather that the association. The City Council has received complaints regarding required maintenance of cpe^ space from homeowner associations. Community Development Director Tremere clarified that the setback reductions requested by the devoloper would not be 'variances' ae defined by the Zoning Ordinance, since this is a planned unit development proposal rather than a conventional plat. He stated the Planning Commission recommended that setback reductions be considered on the basis of specific conditions for the lots in question, consistent with Council practice. Mr. Gair further explaibed that a setback reduction from 50 faet to 35 feet along Medina 0 Regular July 16, Page 274 Council 1990 Meeting Road is being requested due to the narrowing of the property dimensions. He stated substantial berming and landscaping will be used as a buffer to offset the closer distance to the road. Community Developer Tremor* stated the developer could reduce the number of lots as an alternative to requesting the reduced setbacks. The constraints are being created by a desired number of lots. The setback standards are minimums and, along roads such as Medina Road, they are designed to provide a spatial buffer betweeu the road and the dwellings. Councilmembers expressed concern over the potential proximity of homea to Medina Road. In response to a question by Councilmember Helliwell, Mr. Gair stated the berm will face the side of the homes and will begin a few feet from the house. The berm will be constructed at a 3-1 slope and drainage will be diverted around the homes. Councilmember Ricker stated he would prefer to consider the setback reductions on the basis of detailed information on specific lots, rather than consider a blanket approval. Director Tremere explained that the developer is now asking for setback reduction on fewer lots tharA originally requested to the Planning Commission, Hans Hagen stated a blankbt request would be efficient for the City and the developer. MOTION was made by Councilmember Ricker to adopt the resolutions and ordinance subject to the recommendations of the Planning Commission. Motion failed for lack of a second. MOTION was made by Councilmember Zitur, seconded by Deputy Mayor Vasiliou, to adopt the following: RESOLUTION NO. 90-427 APPROVING MIXED USE BNOLUTi4N 9Q-427 PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR MPUD CONCEPT PLAN HANS HAGEN HCMES/NESTAR-ROME FOR HANS HAGEN PARTNERS (90029) , (90029) Item 7-•E 4 Regular Council July 16, 1990 Page 275 Meeting ABSOLUTION NO. 90-428 APPROVING MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT/CONDITIONAL USE PERMIT FOR HANS HLGEN HODS/WESTAR-ROME PARTNERS (90029), with Outlot Z integrated with private lots and approval of reduced setbacks as equested by the developer 3w% his letter of July 9, 1990; and RDINANCE NO. 90-21 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED SOUTHWEST OF MZuDINA ROAD AND SOUTHEAST OF COUNTY ROAD 24 AS R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) AND B-3 (SRRVICE BUSINESS) DISTRICTS Manager Willis stated that a simple majority vote is needed for the Concept Plan approval resolution and a 4/5 vote is needed for approval of the MPUD Conditional Use Permit, Preliminary Plan/Plat resolution, and Rezoning ordinance. Roll Call vote on the motion: and Vasiliou ayes; Ricker nay. 90-427 only passed; the other ordinance failed. Helliwell, Zitur, Resolution No, resolution and NOTION was made by Councilmember Zitur, seconded by Deputy Mayor Vasiliou, to defer the request for MPUD Conditional Use Permit, Preliminary Plan/Plat and Rezoning of Hans Hagen Homes and Wester -Rome Builders (90029) to the next Council meetiny. The City Attorney explained the status of the items since they had been all included in one motion. SUBSTITUTE MOTION was made by Councilmember kicker to remand the requests of Hans Hngen Homes and Westar -Rome Builders (90029) to the Planning Commission. Motion failed for lack of a second. Original Motion to oefor carried, four ayes. Hans Hagen requested that the Council adopt the resolutions and ordinance as recommended by the 0 Regular Council July 160 1990 Page 216 Meeting Planning Commission, rather than delay action until the neap: Council meeting. He will request reduced setbacks at the time of final platting, when site grading will be complete. MOTION was made by Councilmember Ricker, seconded by Councilmembsr Zitur, to reconsider the resolutions and ordinance that were previously deferred to the next meeting. Motion carried, four ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt the following: RESOLU^aION N0. 90-426 APPROVING MIXED USE PLANNED UNIT DSVELOPMENT PRELIMINARY PLAN/PLAT; CONDITIONAL USE PFRMIT FOR HJL4S HAGEN HMINS/NESTAR-ROME PARTNERS (90029), with outlot E integrated with abutting properties; ORDINANCE NO. 90-21 AMLNCi::i: THE ZONING ORDINANCE TO CLASSIFY CSRTAiy LANDS LOCATED SOUTHWEST OF MEDINA ROAD AND SOUTHEAST OF COUNTY ROAD 24 AS R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) AND B-3 (SERVICE BUSINESS) DISTRICTS, and RESOLUTION N0. 90-429 SETTING CONDITIONS TO BE MET PRIOR REZONING LAND ROME PARTNERS TO PUBLICATION OF ORDINANCE FOR HANS HAGEN HOMES/NESTAR- 90029) . roll call vote, four ayes. Motion carried on a Deputy Mayor Vasiliou stated Councilmembere were informed some changes have made by Craig Scherber eubsequen% to the Planning Commission hearing on the proposed RPUD Concept Plan at the northeast corner of County Road 24 and County Road 101 90037). She asked if Councilmembers were willing to cons+.der any information that was not presented at the Planning Commission meeting. All Councilmembers stated no. Deputy Mayor Vasiliou asked that the developer limit his presentation only to the plan proposed to the Planning Commission, RESOLUTIO 90-421 APPROVING MPUD PREL, PLAN/PLAT/CUP FOX HANS RAGE HOMES 90029) Item 7-E ORDISM K ..29--21 REZONING PROPERTY FOR HANS HAGEN HOMES 90029) Item 7-E RKSDLUT1QX- 90-429 SETTING CONDITIONS TO BE @1ET PRIOR TO PUBLICATION Item 7-E MPUD Concept Plan; Craig Scherber 90037) Item 7-F Regular Council Meeting July 15; 1990 Page 277 Tom Loucks, 8401 73rd Avenuo North, Brooklyn Park, reviewed the proposal for an RPUD Concept Plan for the development of an 87.76 acre site with 76 single family homes, 56 attached dwelling units in 28 twinhome structures, and a church site of about 5 acres. The Planning Commission recommended denial of the proposal. Director Tremere stated the Planning Commission took no action with respect to the RPUD Preliminary Plan/Plat/Conditional Use Permit applications because the denial recommendation on the concept Plan renders those applications inappropriate. He stated that the Planning Commission determined that the proposed Concept Plan is not in compliance with Zoning Ordinance ztandards relative to transition between the proposed twinhome units and the adjacent areas outside the PUD. The Planning Commission determined that opportunities are available for alternate siting of the twinhomes on the property for more of an internal orientation on the site, and transition to meet the Zoning Ordinance standards could be41provided, though there may be adjustmdnts in the number of units constructed. In response to a question by Councilmember Zitur, Director Tremere explained Planned Unit Development attribu;.es over conventional platting in providing for open space, including sensitivity to wetland areas. He added that mtaff agrees with the Planning Commissicn that the transition between twinhome and single family units could be modified to be more compliant with ordinance standards. Mr. Loucks explained that a portion of the property is below the 100 year flood elevation; however, he did not believe this would pose a probl3m since it will be used as open space. He stated the average lot size would be 17,000 sq. ft., with the smallest lot at 13,000 sq. ft. due to wetland abutment. Mr. Loucks stated the developer will dedicate to the City property for park access. About 8 of the 25 acres of open space is intended to be some kind of common area. Regular Council Hooting July 16, 1990 Page 278 Mr. Loucks believed the transition between the proposed twinhomes and single family homes meats The intent of the Zoning Ordinance guidelines because of the extensive landscaping and berming that will be done, though some improvement could be made to the design in the east area. Ross Fefercorn, 7625 Motro Blvd., #145, Edina, showed slides of the proposed twin home units. He described the probable tenants as retired and desiring inactive open space. The proposed units are from 1,400 to 3,500 sq, ft. and will be in the $120,000 to $200,000 price range per unit. He stated that rental of the units will be prohibited through the use of protective covenants. In response to a cpiestion by Deputy Mayor Vasiliou, Mr. Fefercorn stated his management company will maintain landscaping and medians in the development. Some adjustments can be made in the east area, including elimination of a unit. Councilmember Zitur asked if the plana shown here were reviewod by the neighbors at the Planning Commission, hearing. Mr. Fefer:orn said he was not there, but he understood these were the plans shown. Wayne Menge, 3190 Kimberly Lane, stated hd is opposed to twinhomes because they will devalue single family homes in the neighborhood. He proposed that the twinhomes be moved to the opposite end of the site in order to have the least impact on the existing single family homes. Norma Hughes, 17635 County Road 24, :Mated drainage has changed on her property due to development on abutting properties. She objected to the twinhome proposal and the proposed density. Hila Domagala, 17705 County Road, objected to the twinhome construction because after a period of time the units may become rental. The area should remain solely single family homes and the City's standards should not- be eroded. Regular Council Meeting July 16, 1990 Page 279 Steve Jacobitz, 3520 Urbandale Lane, r,tated that he represented the Amber Woods Homeo•iners' Association. He stated the Association does not feel that twinhomes will fit the image the neighborhood has come to expect rjiven the guiding end zoning. Mr. Jacobitz stated the proposed reening is inadequate to offset the negative affect of the trinhomes. He stated if twinhomes are allowed on the site, the location should be isolated and further removed from the existing single favily noighborhood. John Jamoke, 17700 26th Avenue North, stated the current proposal does not take into consideration the single family characteristics of the existing homes. He objected to any higher density. Jim Stavros, 17430 County Road 24, stated he lives adjacent to the area proposed for twir home construction. He stated all neighbors present at the Planning Commission were opposed to twinhomes in this location He urged the Council to accept the staff and Planning Commission recommendation of denial. Mr. Stavros stated the twinhomw units would generate additional traffic on County Road 24, where traffic is already heavy. Mr. Loucks asked the Council for direction on whether the developer should continue consideration of twinhomes or whether the concept is unrealistic for the site. Deputy Mayor Vaniliou stated tier* is 3 need in the market for twinhome units, but it is unknown whether the need is in Plymouth or on this site. She stated that twinhomes have their place and should not be considered substandard housing. It is important that the site design it appropriate. Mr. Loucks indicated that he has alternate plane to recommend and requested that the item be referred to the Planning Commission. MOTION was made by Deputy Mayor Vasiliou, seconded by Councilmember Zitur, to remand the requests of Craig Scherber 6 Associates for MPUD Concept Plan, Preliminary Plat/Plan, Conditional Use Permit and Rezoning for "Stone Creek" (90037) to the Planning Commission, citing the Regular Council July 160 1990 Page 280 meeting Commission's findings for the Concept Plan denial recoarasndation as guidance for redesign and further consideration. Director Tremere stated that the abutting property owners will be notified of the Planning Cosmissieri date for reconsideration. Motion carried, four ayes. MOTION was made by Councilmember Zitur, seconded SOLUZION 90-430 by Councilmember Helliwell, to adopt RESOLUTION APPROVING NO. 90-430 APPROVING AMENDMENT TO MPUD AMENDMENT TO MPUD PRELIMINAPY PLAN AND CONDITIONAL USE PERMIT FOR PRELIMINARY PLAN RYAN CONSTRUCTION COMPANY (90051) (M2UD P9-2). AND CUP FOR RYAN CONSTRUCTION CO. Motion carried on a roll call vote, four ayes. (90051) Item *7-G MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-421 by Councilmember Helliwell, to adopt RESOLUTION APPROVING MPUD NO. 90-431 APPROVING NPUD FINAL SITE PLAN FOR FINAL SITE PLAN RYAN CONSTRUCTION COMPANY FOR A RESTAURANT IN FOR A RESTAURAI IT ROCKFORD ROAD PLAaA (90051) (MPUD 89-2). Itl ROCKFORD ROAD PLAZA (90051) Motion carried on a roll call vote, four ayes. Item *7-G MOTION was made by Councilmember Zitur, seconded RESOLUT N.24-432 by Councilmember Hellive1l, to adopt RESOLUTION APPROVING MPUD NO. 90-432 APPROVING MPUD FINAL SITE PLAN FOR FINAL SITE PLAN RYAN CONSTRUCTION COMPANY FOR A MULTI -TENANT FOR A MULTI -TENANT CENTER (90051) (MPUD 89-2) with clarificat'.on of CENTER (90051) Condition No. 15 as recommended by staff. Item *7-G Motion carried cn a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded RESOLS)T1Q1L.2Q-AM by Councilmember Helliwell, to adopt RESOLUTION APPROVING MPUD N0. 90-433 APPROVING MIXED PLAWMD UNIT FINAL SITE PLAN Dlr tLOPMXNT FINAL SITE PLAN FOR SUPER VALU FOR SUPER VALU STORES, INC. (90057) (MFUD 78-2). STORES, INC. 90057) Motion carvied oa s roll call vote, four ayes. Item *7--H Regular July 16, Page 281 Council 1990 Meeting MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-434 APPROVING VARIANCE REQUEST FOR OLFISCO, INC. , (A-261) . Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Hellivell, to adopt ORDINANCE NO. 90-22 changing street name in Lake Camelot Estates 3rd Addition from 61st Avenue North to 60th Place North. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-435 APPROVING AN AGREFhENT AMONG THE CITY OF PLYMOUTH, NORTHERN STATES POWER (NSP), AND WEST HENNEPIN HUMAN SERVICES (WHHS) FOR A COMMUNITY ENERGY COUNCIL PROGRAM. Motion carried on a roll call vote, four ayes MOTION was made by Councilmember Zitur, eaconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-436 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 46TH/45TH AVENUE TRAIL - ZACHARY LANE TO REVERE LANE, CITY PROJECT N0, 024. Motion carried on a roll. call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESO.L+UTION NO. 90-437 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOT 61 BLOCK 31 CITY VIEW ACRES 2ND UNIT. Motion carried on a roll call rote, fo•ir eyes. MOTION was made by Councilmember Zitur, seconded by Councilmemaer Helliwell, to adopt RESOLUTION NO. 90•-435 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EAL;EMENTS AND DRAINAGE EASEMENTS FOR PONDING PURPOSES, OUTLOT J - PARKERS LAKE NORTH SECOND ADDITION. PMOLUTION 90-434 APPROVING VARIANCE REQUEST FOR OLFISCO INC. A-261) Item 7-I ORDINANCE 90-U CHANGING STREET NAME IN LAKE CAMELOT ESTATES Item *7-J M=T=1Q-.435 APPROVING AN AGREEMENT FOR A COMMUNITY ENERGY COUNCIL PROGRAM Item *7-K AU01UTIQN -90-436 APPROVING PLANS AND SPECIFICATIONS AND ORDERING BIDS FOR PROJECT 024 Item *7-L UFSOLUTION 90-43'1 ORDERING HE4RING ON VACATION OF EASEMENT IN CITY VIEW ACRES 2ND UNIT Item *7-M-1 USQLUTIQN 90-438 ORDERING HEARING ON VACATION OF EASEMENTS IN PARKERS LAKE NORTH SECOND ADDITION Item *7-M-2 Regular July 16, Page 282 Council 1990 Meeting Motion carried on a roll call vote, four ayes. MOTION was made by Councilmembor Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-439 AWARDING BID 1990 SEAL COAT PROGRAM Motion carried on a roll call vote, four ayes. NOTION was made by Councilmember Zitu.., seconded by Councilmember Helliwell, to adopt. RESOLUTION NO. 90-440 RECEIVING PRELIMINARY REPORT AND CALLING FOR HEARING ON IMrROVEMENTS, NORTHCENTRAL TRUNK SANITARY SEWER, CITY PROJECT NO. 015. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, second"d by Councilmember Picker, to adopt RESOLUTION NO, 90-441 RECEIVING PRELIMINARY ENGINEERING REPORT AND REFERRING REPORT TO THE SPECIAL ASSESSMENT COMMITTEE NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD IML'ROtiAbZNTS, CITY PROJECT NO, 011, Councilmember Helliwell stated she does not support the project because of destruction of wetlands. Motion -tarried on a roll call vote, three lyes, Helliwell nay. Councilmninbers discussed the status of the Wetlands Task Force. Deputy Mayor Vasillou stated the organizational meeting will be held shortly and requested that the City Attorney report on what authority the City has to regulate wetlands. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RUSOLUTION NO. 90--442 TERMINATION AND Ra*LEASE OF EASEMENT, LOT 20, BLOCK 2, HERITAGE WOODS ESTATES 2ND AUDITION. Motion carried on a roll call vote, four ayes. FZ501=10. 9Q-432 AWARDING BID 1990 SEAL COAT PROGRAM Itom *7-N RESOLUTI 2H.19Q-14Q RECEIVING PREL, ENG, REPORT AND SETTING HEARING ON P70JECT NO. 015 Item *7-0 RESOLUTION ._Q. -4A1 RECEIVING PREL, ENG, REPORT AND REFERRING TO SPECIAL ASSESSMENT COMMITTEE, PROJECT NO. 011 Item 7-P RESOLUTION 90-442 TERMINATION AND RELEA3E OF EASEMENT, HERITAGE WOODS ESTATS:S ND ADDITION Item *7-Q Regular Council Meeting July 16, 1990 Page 283 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-443 AWARDING BID FOR WEST MEDICINE LAKE DRIVE TRAIL, PROJECT NO. 931. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-444 SETTING PUBLIC HEARING TO CONSIDER THE ON -SALE NONINTOXICATING LIQUOR LICENSE APPLICATION OF WARRIOR ONE. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION N0, 90-445 APPROVING TEMPORARY NONINTOXICATING LIQUOR LICENSE FOR PLYMOUTH LIONS. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-446 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 30, 1990. Motion carried on a roll call vote, four ayes. The Council received the Public and Capital Improvement Project Status Reports, Councilmember Zitur reported on the 'Just For Kids' Program which he co-chairs, and C.A.S.H. Board activities. Manager Willis presented the Council with greetings from Toshiyuki Shigatomi, Mayor of ibaraki, Japan, a sister city to Minneapolis. Finance Director Hahn prevented the quarter 1990 Financial Statements. there is a possibility of shortfall revenue area, Manager occur if 0 RESOLUTION _2D_ -A. AWARDING BID FOR WEST MEDICINE LAKE DRIVE TRAIL, PROJECT NO. 931 Item *7-R USOLUTION SETTING HEARING ON ON -SALE NONINTOXICATING LIQUOR LICENSE FOR WARRIOR ONE Item *7-S MMM -1-11.90-49.5 APPROVING TEMPORARY NON:NTOXICATING LIQUOR LICENSE FOR PLYMOUTH LIONS Item *7-T PIA01 VP"1914. 99-446 APPROVING DISBURSEMENTS FOR PERIOD ENDING JUNE 30, 1990 Item *7--U Project Status Reports Item 8-A CCR Reports Item 8-B second Financial Report He noted that Item 8-C in the permit Willis stated that this shortfall may not permits are issued for the new Rainbow t 0 Regular Council July 16, 1990 Page 284 Meeting Food Store and other stores at the Ryan development at I-494 and C.R. 9 and the new Cub Food Store. Councilmember Ricker asked about the projected status of the Finers and Forfeitures. Finance Director Hahn stated this area was previously low, but is now running at or slightly above last years revenues. The Council received the quarterly status report on insurance claims. Councilmembers reviewed a staff memo outlining suggested study sessions and joint meeting dates and topics. Deputy Mayor Vasiliou suggested that the City Manager prioritize these items, with special emphasis to those meetings and topics that may affect budget decisions for 1991. Councilmember Zitur stated the rublic Safety Director was previously directed to report to the City Council if there is an increase in the deer problem. Manager Willis stated staff would check and report back. MOTION was made b; Councilmember Ricker, seconded by Deputy Mayor Vasiliou, to defer scheduling of study sessions and joint meetings until August 6. Motion carried, four ayes. Inrurance Claims Report Item 8-C-2 Council Study Sessions and Joint Meetings Item 8-D MOTION was made by Councilmember Ricker, seconded 1990-91 by Deputy Mayor Vasiliou, to adopt the 1990-91 Goals Council Goals as presented. Item 8-E Motion carried, four ayes. Council MOTION was made by Councilmember Ricker, seconded Status Report on by Deputy Mayor Srasiliou, to accept the Status Private Street Report on the Issue of Priva.e Streeto, Issue Item 8-F motion carried, foua myez. I 0 Regular Council Meeting July 16, 1990 Page 285 MOTION was made by Councilmember Zi.tur, seconded by Deputy Mayor Vasiliou, to adopt PESO:,UTION NO. 90-447 APPOINTING SEVEN MEMBERS TO TWEE P:,YMOUTH FINANCIAL TASK FORCE, to direct staff t. --D send notices of appointment on July 17, and to direct that the organizational meeting be held within two weeks. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, secondee! by Councilmember Ricker; to adopt RESOLUTION NO. 90-448 APPOINTING FRED LIPS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS. Motion carried on a roll call vote, four ayes. Deputy Mayor Vasiliou adjourned the meeting at 10:55 p.m. y . City Clerk MOLUTION 90-447 APPOINTMENTS TO FINANCIAL TASK FORCE Item 8-G 9001=I014 90.-44@ APPOINTMENT TO BOARD OF ZONING ODX13TMENTS AND APPEALS Item 8-H