HomeMy WebLinkAboutCity Council Minutes 09-16-1991MINUTES
REGULAR COUNCIL. MEETING
SEPTEMBER 16, 1991
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:00 p.m.
in the Council Chambers of the City Center 3400
Plymouth Blvd., on September 16, 1991.
PRESENT: Mayor Bergman Councilmembers
Helliwell, Ricker, Vasiliou, Zitur
ABSENT: None
STAFF PRESENT: Manager Willis, Assistant Manager
Boyles, Community Development Coordinator
Dillerud, Public Works Director Moore, Park
Director Blank, City Attorney Thomson, and City
Clerk Rauenhorst
Randy Stocker, Plymouth Jaycees, described their
organization and activities. He discussed
membership, community development protects
including the run, punt, and pass contest=
clothing drive, sandbox fill, and bicycle safety
seminar. He stated the Plymouth Jaycees hope in
the future to sponsor "Plymouth Days", state
softball tournament, Boss of the Year Contest,
and Teacher o: the Year Contest.
He asked the Council for ideas on what projects
the Jaycees could do in the community and how
membership could be increased.
Councilmember zitur suggested that the Jaycees
consider projects to serve the seniors and youth
of the community.
Mayor Bergman suggested that the Jaycees could
become involved with the CARE Program which the
City sponsored this year.
Plymouth Jaycees
Item 4-A
The Council randomly selected names of the Travel Travel Demand
Demand Management Survey prize winners. Results Management Survey
of the survey will be shared with employees of Item 4-B
Regular Council Meeting
September 16, 1991
Page 348
Plymouth businesses in order to develop ways of
increasing transit ridership.
MOTION was made by Councilmember Zitur; seconded
by Councilmember Helliwell, to adopt the Consent
Agenda.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to approve the
minutes of the September 4, 1991, meeting.
Motion carried on a roll call vote, five ayes.
Pt18LIC HEARINGS
Consent Agenda
Item 5
Minutes
Item *6
Mayor Bergman opened a public hearing at 7;18 Vacation of 10th
p.m. on vacation of 10th Avenue in Glen Grove Avenue in Glen
Acres 3rd Addition. Grove Acres 3rd
Addition
Item 7-A
David Miller, 925 Kingaview Lane, represented the
petitioners for the vacation. He stated the
petitioners have the following concerns if 10th
Avenue were to be constructed: extra traffic and
related safety to the neighborhood, increased
crime, drainage problems from additional blacktop
surface and runoff, damage to wetlands and
wildlife, increased cost for construction of
drainage systems. in addition, the lot between
the platted roadway and old railroad right-of-way
is very narrow. If the vacated portion of the
street were added to that lot, it would add to
the lot width.
Sophie Gould stated she owns the vacant lot
between the platted street and the railroad
right-of-way. She has tried to sell the lot, but
the real estate signs are consistently
vandalized. Large trucks and vehicles use her
driveway to turn around because the road doesn't
go through, and if the right-of-way is vacated,
it would depreciate her property value. Also, if
the right-of-way was vacated, her lot would not
have access to the public street.
0
Regular Council Meeting
September 16, 1991
Pags 349
Manager Willis stated that if the right-of-way is
vacated, Mrs. Goul A''s lot would still have right-
of-way access to a public street. She would be
responsible for building the access from her
parcel to the public street.
Mrs. Gould stated that her neighbors rave planted
shrubs and flowers on the area that would be
developed as the accese, and she believed they
purchased this area.
Roy Obermiller, 920 Kingsview Lane, stated there
is some question on who owns the property needed
for the access.
Mr. Miller stated that the property right-of-way
needed for future access ab:tts several
properties, but he does not own the property.
Director Moore stated that abutting property
owners are responsible for maintenance of the
right-of-way area until it is developed.
Mayor Bergman closed the public hearing at 7:40
p.m.
MOTION was made by Councilmer,ber Zitur, seconded
by Councilmember Ricker, to table thin item to
October 7 in order to ascertain the ovnorship of
the right-of-way area needed for access from Mrs.
Gould's vacant lot to the Kingaview Lane cul-de-
sac.
Motion carried on a roll call vote, five ayes.
Mayor Bergman opened a public: hearing at 7:40
p.m. on vacation of utility and drainage
easements in proposed Fernbrook Townhouses
Addition.
Kevin C. Begin, 4300 Fernbrook Lane, expressed
concern that the development proposed for
Fernbrook Townhouses Addition may cause drainage
problems on his abutting property. He does not
want any greater amount of water on his property
than currently exists.
vacation of
basements in
Fernbrook
Townhouses
Addition
Item 7-B
Regular Cvuncil Meeting
September 16, 1991
Pace 350
Director Moore stated that this concern should be
discussed when the plat request for Fernbrook
Townhouses Addition is considered.
Mr. Begin stated he has no objection to the
vacation of the easements, but wants to ensure
that the new development does not result in
additional water flow to his property.
Mayor Bergman closed the hearing at 7:44 p.m.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-528 AUTHORIZING THE VACATION OF DRAINAGE
AND UTII-ITY EASEMENT, PARCEL 15-118-22-22-0011.
Mction carried on a roll call vote, five ayes,
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-529 SETTING CONDITIONS TO BE MET PRIOR T(.
FILING OF RESOLUTION NO. 91-528 VACATING A
DRAINAGE AND UTILITY EASEMENT WITHIN PARCEL 15-
118-22-22-0011 (FERNBROOK TOWNHOUSES).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, reconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-530 APPROVING MPUD FINAL PLAT FOR
FRANCHISE ASSOCIATES, INC. FOR GEORGE'S WATERFORD
ADDITION (910641 (MPUD 86-1).
Motion carried on a roll call vote, five ayes.
MOTION prs made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-531 SETTING CONDITIONS TO BE MET PRIOR TO
FILING OF AND RELATED TO MPUD FINAL PLAT FOR
FRANCHISE ASSOCIATES, INC. FOR GEORGE'S WATERFORD
ADDITION (MPUD 86-1).
Motion carried on a roll call vote, five ayes.
RESOLUTION 91-528
VACATION OF
EASEMENT IN
FERNBROOK
TOWNHOUSES
ADDITION
Item 7-B
RESOLUTION 91-529
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING
Item 7-B
RESOLUTION 91-530
APPROVING MPUD
FINAL PLAT FOR
FRANCHISE ASSOC.
INC. (91-64) (MPUD
86-1)
Item *8-A
RESOLUTION 91-531
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING (MPUD 86-1)
Item *8-A
Regular Council Meeting
September 160, 1991
Page 351
MOTION was made by Councilmember Zitur, seconded
Ley Courcilmember Helliwell, to adopt RESOLUTION
NO. 91-532 APPROVING MPUD FINAL SITE PLAN FOR
FRANCHISE ASSOCIATES, INC. FOR ARBY'S RESTAURANT
LOCATuD AT THE NORTHEAST CORNER OF HIGHWAY 55 AND
REWRE LANE ( 910 64 ) (MPUD 86-1).
Motion carried on a roil call vote, five ayes.
MOTION was made by Councilmember Zitur, sec..rded
by Councilmember Helliwell, to adopt RESULU=ION
NO. 91-533 APPROVING CONDITIONAL USE PFRMI:' FOR
FRANCHISE ASSOCIATES, INC. FOR A CLASS II
RESTAURANT (ARBY'S) TO HE LOCATED AT THE
NORTHEAST CORNER OF HIGHWAY 55 AND REVERE LANE
91064).
Motion carried on a roll call viote, five ayes.
Coordinator Dillerud stated the Planning
Commission has reaffirmed its previous
recommendation concerning the application of
Lowry Hill Development for preliminary plat,
rezoning from FRD to R-lA and subdivision
variance for a 54 lot. single family detached
development at the northeast quadrant of Holly
Lane and County Road 9.
This recommendati.on was to approve the
preliminary plat as proposed including a variance
for cul-de-sac length for Black Oaks Lane on the
condition that a temporary access be provided
south from the Comstock Lane cul-de-sac to
Rockford Road. No recommendation was made by the
Planning Commission with respect to access to the
adjacent Deziel property at the corner of Holly
Lane and Rockford Road.
Councilmember Zitur asked how access could be
provided to the Deaiel property.
Coordinator Dillerud stated access could be
provided either through an easement to the north;
or, east to Garland Lane. The Planning
Commission did not endorse either option; nor did
they endorse the staff recommendation to realign
Garland Lane to provide access to the Deziel
property. He stated the most practical
alternative would be an easterly access to
Garland Lane.
RESOLUTION 91-532
APPROVING MPUD
FINAL SITE PLAN
FOR ARBY'S
RESTAURANT (91064)
MPUD 86-1)
Item *8-A
RESOLUTION 91-533
APPROVING CUP FOR
ARBY'S RESTAURANT
MPUD 66-1)
Item *8-A
Lowry Hill
Construction Co.
91047)
Item 8-B
0
Regular Council Meeting
September 16, 1991
Page 352
Rick Sathre, Sathre-Bergquist Engineers,
described the petitioner's proposal that a
temporary cul-de-sac be constructed at the
Blevins' property line. If the Blevins' feel the
pavement near their property line is a concern,
the cul-de—sac could be moved further north away
from the property line.
Manager Willis stated that the staff is trying to
anticipate the future development of the Blevins'
property as well as ensure there is reasonable
access to this development. If the Council
believes that a roadway will ultimately go
through, he recommended that the cul-de-sac be
located between Lots 14 and 22 so it could access
the Blevins' property.
Councilmember Ricker stated he is in favor of
approving a permanent cul-de-sac so it is
guaranteed that there will not be a permanent
through street into the Blevins' property.
Manager Willis recoi.mended that it would be best
to have one access for the two developments to
County Road 9.
Councilma nber Ricker stated that Comstock Lane
should be extended southerly as a permanent
access to County Road 9. Councilmember Helliwell
concurred.
Mayor Bergman stated that this is not a good
point for an access to County Road 9 because of
the roadway curve. He stated it would be prudent
to instal 1 a temporary cul-de-sac Et the end of
Black Oaks Lane so the decision of whether to
connect with County Road 9 can be made later.
MOTION was made by Mayor Bergman, seconded by
Councilmember Vaa4iliou, to adopt RESOLUTION 110.
91-534 APPROVING PRELIMINARY PLAT FOR LOWRY HILL
DEVELOPMENT FOR GOLFVIEW ESTATES (91047).
MOTION to amend the main motion was made by
Councilmember Zitur, seconded by Mayor Bergman,
to add an easterly easement from Garland Lane to
serve the Deaiel property between proposed Lots 3
and 40 Block 2.
g,30LUTIQ 91-
APPROVING
PRELIMINARY PLAT
FOR LOWRY HILLS
DEVELOPMENT FOR
GOLFVISW ESTATES
X91047)
Item 8-B
Regular Council Meeting
September 16, 1991
Page 353
Motion to amend carried, five ayes.
MOTION to amend the main motion was made by
Councilmember Ricker, seconded by Councilmember
Helliwell, that a permanent cul-de-sac of Black
Oaks Lane be constructed back from the Blevins'
property line, and that Comstock Lane be extended
to access onto County Road 9.
Manager Willis stated that future development of
the Blevins' property will add another access to
County Road 9. He recommended that a cul-de-sac
on Comstock Lane would be a much better
alternative for traffic safety reasons than
having potentially three accesses to County Road
9 in a short area segment of collector street.
In response to a question from Councilmember
Zitur, Director Moore stated Hennepin County has
no plans to widen or improve County Road 9 in
this area.
Motion to amend carried on a roll call vote:
Helliwell, Ricker, Zitur ayes; Vasiliou and
Bergman nays.
Main motion as twice amended carried on a roll
call vote, five ayes.
Councilmember Zitur stated that opening up this
land will not be a financial benefit to the City.
Councilmember Ricker stated if the Council is
truly interested in reducing City coats,
controlling the rate of development in the
community should be considered.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt ORDINANCE NO.
91-26 AMENDMENT TO THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LfCATED AT THE NORTHEAST
CORNER OF HOLLY LANG AND GOLFVIEW ESTATES AS R-lA
SINGLE FAMILY RESIDENCE DISTRICT).
Motion carried on a roll call vote, five ayes.
ORDINANCE 91-26
REZONING FOR
GOLFVIEW ESTATES
FOR LOWRY HILL
CONSTRUCTION CO.
Item 8-B
Regular Council Meeting
September 16, 1991
Page 354
MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-535
by Councilmember Zitur, to adopt RESOLUTION NO. SETTING CONDITIONS
91-535 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO
PUBLICATION OF ORDINANCE REZONING LAND FOR LOWRY PUBLICATION
HILLS DEVELOPMENT FOR GOLFVIEW ESTATES (91047). Item 8-B
Motion carried on a roll call vote, five ayes.
Coordinator Dillerud stated that subsequent to
the Planning Commission meeting, staff has
resolved several issues with the petitioner. The
Planning Commisuion asked the developer to
specify the lots for which he is proposed a
reduced front width to 70 fest. The developer
has specified those lots. Also the developer has
specified two lots proposed for reduced setback
to Kimberly Lane; originally there were four
lots. Coordinator Dillerud stated the wetland
infringement is extensive for this development
said he recommends approval of the requests.
Councilmember Ricker asked if there is a solid
reason for allowinq any lots of less than 75'
width in this development.
Coordinator Dillerud stated the property is
heavily constrained by wetlands. The staff had
recommended that no lot be less than 75 feet in
width at the front setback line, consistent with
the standard that has been established in several
recent single family PUD designs. The
recommendation is based on previous PUD's, not
because the proposal from 75' to 70' is a
planning concern.
Councilmember Ricker asked if there was concern
of a precedent if lots widths of 70 feet were
allowed.
Coordinator Dillerud stated the Planning
Commission feels there are solid reasons for
allowing the reduction in this specific
development because of the wetland constraints.
Hans Hagen Homes
Seven Ponds 2nd
Addition (91062)
Item 8-C
a
Regular Council Meeting
September 16, 1991
Page 355
MOTION was made by Councilmember Ricker, seconded BSOLUTION 91_Ui.
by Councilmember Helliwell, to adopt RESOLUTION APPROVING AMENDED
NO. 91-536 APPROVING AMENDED MIXED USE PLANNED MPUD CONCEPT PLAN
UNIT DEVELOPMENT CONCEPT PLAN FOR HANS HAGEN FOR SEVEN PONDS
HO16ZS FOR SEVEN PONDS cNO ADDITION (91062). 2ND ADDITION
91062)
Motion carried on a roll call vote, five ayes. Item 8-C
MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-$2
by Councilmember Helliwell, to adopt RESOLUTION APPROVING MPUD
NO. 91-537 APPROVING MIXED USE PLANNED UNIT PREL. PLAN/PLAT
DEVELOPMENT PRELIMINARY PLAN/PLAT/CONDITIONAT, USE CUP AND SUED.
PERMIT AND SUBDIVISION VARIANCE FOR HANS HAGEN VARIANCE FOR SEVEN
HOMES FOR SEVEN PONDS 2ND ADDITION (91062), PONDS 2ND ADDITION
amending Condition No. 16 to read: "Minimum lot (91062)
width at the setback line shall be 75 feet." Item 8-C
Coordinator Dillerud stated that it will be
difficult for the developer to get homes on some
of the lots in the development because the
wetlands infringe into the front and rear of the
lots.
Councilmember Helliwell
could propose fewer lots
minimum front Lot wicth.
stated the developer
in order to meet the 75'
Hans Hagen, 23511 Rice S:., 3t. Paul, stated that
the property needed for Medina Road and County
Road 24 right-of-ways took about B-10 acres of
land from this subdivision. He stated that other
property owners along County Road 24 were not
interested in dedicating right-of-way for the
roadway so he agreed to exchange parcels of land
so the right-of-way could be obtained. He stated
it has been very difficult to develop this par=el
and to meet the complex requirements of the Corps
of Engineers, the watershed district, and the DNR
and still make the project economically feasible.
Mr. Hagen stated he dedicated property to the
City for a park at the end of 34th Avenue, as
well as property for three sedimentation ponds to
assist the City in meeting mitigation
requirements for wetland encroachment. This was
dedicated to the City at no coat. He stated that
the request for reduced front lot widths is not a
unique request. Harbor Place has some 65' wide
lots.
Regular Council Meeting
September 16, 1991
Page 356
Councilmember Helliwell stated she is concerned
about the lots of less width. The larger lots
are easier to &;velop and sell. She feels that a
minimum 75' width is reasonable.
Mr. Hagen stated he is trying to meet the market
demand. Lots have presold in this subdivision
subject to plat approval. He stated that he may
lose three lots in the proposed subdivision if
the reduced lot width is not granted. He stated
the City's PUD ordinance is applicable to this
type of situation. If the Council permits
flexibility in development, they will get better
designs.
SUBSTITUTE MOTION was made by Mayor Bergman,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-537 with Condition 16 to reaC!
Minimum lot width at the setback line shall be
75 feet except that the following lots only may
be 70 feet wide at the front setback line: Lot
1, Block 7; Lots 1, 2, 10, 17, 18, and 19, Block
4.11
Councilmember Zitur stated that he has concerns
about the reduced lot width because the smaller
lots are not selling in the City. He also noted
that three Planning Commissioners had concerns
about this issue.
Coordinator Dillerud stated the three dissenting
Commission members had a series of concerns
resulting in 3 voting against the proposal. One
commissioner expressed concern about the lot
width issuer other commissions addr•ased the 20'
setback iasue.
Manager Willis stated that Hans Hagen has been
working with the City staff for some time to
develop this proposal. He stated the point of
particular concern at the Planning Commission
meeting was whether this may create a precedent.
He stated the Council's flexibility in reviewing
and deciding PUD requests is broad. The ?IID
ordinance provides developers with the
opportunity to have increased flexibility. This
parcel of property is very difficult to develop
due to the wetland constraints. The developer
Regular Council Meeting
September 16, 1991
Page 357
has worked with staff and the abutting property
owners to develop this proposal. The realignment
of County Road 24 depends upon right-of-way to be
dedicated by the petitioners of this plat. He
recommended that the Council approve the proposal
as recommended by the Planning Commission.
SUBSTITUTE MOTION failed on a roll call vote:
Vas iliou and Bergman Ayes; Helliwell, Ricker, and
Zitur nays.
Original motion to adopt RESOLUTION NO. 91-537,
with amended Condition No. 16, carried nn a roll
call vote, five ayes.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to adopt ORDINANCE
NO. 91-27 AMENDING THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LOCATED AT THE SOUTHWEST
CORNER OF DUNKIRK LANE AND STATE HIGHWAY 55 AS R-
CA (LOW DENSITY SINGLE FAMILY RESIDENTIAL), B-3
SERVICE BUSINESS), AND I-1 (PLANNED INDUSTRIAL
DISTRICTS.
Motion carried on a roll call vote, five ayes.
OWINANCE 91-27
RSZONING FOR SEVEN
PONDS 2ND ADDITION
91062)
Item 8-C
MOTION was made by Councilmember Ricker, seconded RESOLUTION.91-538
by Councilmember Helliwell, to adopt RESOLUTION SETTING CONDITIONS
NO. 91-538 SETTING CONDITIONS TO BE .%MT PRIOR TO TO BE MET PRIOR TO
PUBLICATION OF ORDINANC.'E REZONING L LM FOR HANS PUBLICATION
R&GEN HOMES FOR SEVEN PONDS 2ND ADDITION (91062). Item 8-C
Matron carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-539 APPROVING RESIDENTIAL PLANNED UNIT
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
ANENDMEN7 FOR RON SPLETT CONSTRUCTION FOR LAVONNE
M. WXTHA (91065) (RPUD 76-3) .
Mot ion carried on a roll call vote, five ayes
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-540 APPROVING AMENDED SITE PLAN FOR TYSON
ARCHITECTS, INC. FOR U.S. WEST (91066).
Motion carried on a roll call vote, five ayes
RESOLUTION 91-539
APPROVING RPUD
PLAN AND CUP FOR
RON SPLETT CONST.
FOR LAVONNE WANHA
91065)
RPUD 76-3)
Item *8-D
RESOLUTION 91-540
APPROVING AMENDED
SITE PLAN FOR
TYSON ARCHITECTS
FOR U.S. WEFT
91066)
Item *8-E
Regular Counci Meeting
September 1 6, A -y91
Page 358
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-5AI
by Councilmember Helliwell, to adopt RESOLUTION APPROVING AMENDED
No. 91-541 APPROVING AMENDED SITE PLAN FOR SITE PLAN FOR
HONEYWELL, INC. FOR THE INSTALLATION OF A COOLING HONEYWi3LL, INC.
TONER AT TRZ EXISTING FACILITY AT 12001 STATE FOR COOLING TOWER
HIGHWAY 55 (91050) . 91050)
Item *8-y
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-542
by Councilmember Helliwall, to adopt RESOLUTION RELEASE OF SITE
NO. 91-542 AUTHORIZING RELEASE OF SITE PERFORMANCE
PERFORMANCE GUARANTEE FOR THE SHELARD GROUP FOR GUARANTEE FOR
PRIME NEST 4TH ADDITION (88145). PRIME NEST 4TH
ADDITION (88145)
Motion carried on a roll call vote, five ayes. Item *8-G-1
MOTION was made by Councilmember Zitur, seconded ROOLUTIOO 911:54,3
by Councilmember Helliwell, to adopt RESOLUTION RELEASE OF SITE
NO. 91-543 AUTHORIZING RELEASE OF SITE PERFORMANCE
PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR GUARANTEE FOR TREE
LUNDGREN EROS. CONSTRUCTION, INC. (90009). PRESERVATION FOR
LUNDGREN BROS.
Motion carried on a roll call vote, five ayes. CONSTRUCTION
90009)
Item *S -G-2
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-544
by Councilmember Helliwell; to adopt RESOLUTION RELEASE OF SITE
NO. 91-544 AUTHORIZING RELEASE OF SITE PERFORCE
PERFORMANCE GUARANTEE FOR SCOVILLE PRESS LOCATED GUARANTEE FOR
AT 14505 -27TH AVENUE NORTH (82062). SCOVILLE PRESS
82062)
Motion carried on a roll call vote, five ayes. Item *8-G-3
MOTION was made by Councilmember Zitur; seconded RESOLUTION 91-545
by Counci lmember Helliwell; to adopt RESOLUTION EXTENSION OF SITE
NO. 91-545 AUTHORIZING EXTENSION OF SITE PERFORMANCE
PERFORMANCE AGREEMENT FOR LYMAN LUMBER COMPANY AGREE&%1ENT FOR
90060) . LY11AN LUMBER
COMPANY (90060)
Motion carried on a roll call vote, five ayes. Item *8-H
0
0
Regular Council Meet inq
September 16, 1991
rage 359
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-546 APPROVING POLICY REGARDING HOUSING
REHABILITATION GRANT LOAN PROGRAM APPLICANTS WHO
ARE REQUESTING SECOND GRANT/LOAN-
motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-547 RECEIVING PRELIMINARY REPORT AND
CALLING FOR HEARING ON IMpROVZMENTS, 1992 STREET
RECONSTRUCTION PROGRAM, CITY PROJECT NO. 201.
Motion carried on a roll call vote, five ayes.
MQLU=off 91-546
POLICY REGARDING
SECOND GRANT/LOAN
REQUESTS FOR
HOUSING REHAB
PROGRAM
Iters 08-1
RESOLUTION91-54-7.
PRELIMINARY ENG.
REPORT ON 1992
STREET
RECONSTRUCTION
PROGRAM
PROJECT 201
Item *8-J
MOTION was made by Councilmember Zitur, seconded $$,Snr.rrr2 ON 91 -meq$
by Councilmember Helliwell, to adopt RE30LUTION INSTSTOP
SIGNOF
NO. 91•-548 INSTALLATION OF STOP SIGNS. Item *8-K
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-549 REDUCING DEVELOPMENT BOND, DEVRIES 2ND
ADDITION (830311.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-550 REDUCING DEVELOPI+.ENT BOND, PARKERS
LAKE NORTH 6TH ADDITION (90066).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
N0. 91-551 REDUCING DEVELOPMENT BOND, HERITAGE
RIDGE ADDITION (86087) .
Motion car::ied on a roll call vote, five ayes.
wAi gLIQN 91-549
REDUCING
DEVELOPMENT BOND,
DEVRIES 2ND
ADDITION (83031)
Item *8-L-1
RRSOLUTION 41-550
REDUCING
DEVELOPMENT BOND,
PARKERS LAKE NORTH
6TH ADDITION
90066)
Item *8-L-2
F=QLuTTON 91-551
REDUCING
DEVELOPMENT BOND,
HERITAGE RIDGE
ADDITION (86087)
Item *8-L-3
Regular Council Meeting
September 161 1991
Page 360
MOTION was made by Councilmember Zitur, seconded Mfi=T -n-=
by Councilmember Helliwell, to adopt RESOLUTION DEVELOPMENT BOND,
NO. 91-552 REDUCING DEVELOPMENT
CING
BOND,
HERITAGE RIDGE
RIDGE PLAT TWO ADDITION (89036).
FLAT TWO ADDITION
Motion carried on a roll call vote, five ayes. item3*
8-L-4
made by Coi:ncilmember Zitur, seconded VTI4t 9:'Su
MOTION was
by Councilmember Helliwell, to adopt RESOLUTION REDUCINGREDUC
NO. 91-553 REDUCING DEVELOPMENT BnNnr DEERWOOD DZERW00D GLENOLA
GLEN PLAT ONE (85050) . ONE (85050)
Motion carried on a roll call vote, five ayes. Item *6-L-5
by Councilme-mber Zitur, seconded RF.soLUTION U --L 4
MOTION was made
by Courcilmumber
Helliwell, to adopt RE REDUCING
DEVELOPMENT BOND,
NO. 91-554 REDUCING DEVELOPMENT BOND, DBERWOOD GLEN FLAP
GLEN PLAT TWO (87010 FKA 86084) . TWO (87010)
Motion carried on a roll call vote, five ayes. Item *B -L-6
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
RESOLUTION -91=M
REDUCING
by Councilmember Helliwell, BOND, WEST DEVELOPMENT BOND,
NO. 91-555 REDUCING DEVELOFML.T
BUSINESS PARK 4TH ADDITION (88145).
PRIME WEST
BUSINESS PARR 4TH
Motion carried on a roll call vote, Five ayes. ADDITION (88145)
Item *8-L-7
MOTION was made by Councilmember Zitur, seconded BS.SnWT-ION_91 556
by Councilmember Helliwell, to adopt RESOLUTION SETTING PUBLIC
NO. 91-556 ORDERING PUBLIC HEARING Qu THE HEARING ON
PROPOSED VACATION OF TEMPORARY STREET EASEMENTS VACATION OF
OVER LOTS 20 QAND 22, BLOCK 2 AND LOTS 11, BLOCK EASEMENTSASESiQIIN
4 HERITAG: WOODS ESTATES SECOND ADDITION.
HERIOODS
ESTATES SECOND
Motiou carried on a roll call vote, five ayes.
Item
ADLITIONION
MOTION was made by Councilmember Zitur, seconded Rmsn.UTtO-91=5 T
by Councilmember
Helliwell, to adopt RESOLUTION
by FOR
NO. 91-557 APPROVING DISBURSEMENTS FOR THE PERIOD THg
IE
D ENDING
ENDING AUGUST 31, 1991. 8-31-91
Moi -.ion carried on a roll call vote, five ayes. Item *8-N
0
0
Regular Council Meeting
September 16, 1991
Page 361
Manager Willis recommended that the Council
determine whether or not they wish to establish
practice or procedure with respect to placing
plaques on public buildings, or providing
guidance as to the content of the information
placed on such plaques. He showed photographs
plaques currently in place in City buildings.
Plaques in City
a Buildings
Item 8-O
L
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, that the names of the
present Councilmembers, at the time the contract
for construction is awarded, appear on the
plaques for public buildings.
Motion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, that the names of firefighters
assigned to each station as of the project
completio4 date be placed on the plaques at Fire
Stations I and III. The firefighter names
already appear on the plaque at Fire Station II.
Motion carried, five ayes.
Councilmember Zitur stated the firefighters are
volunteers and deserve to have their names on a
plaque.
Manager Willis suggested that the Council review Temporary Campaign
the existing Zoning Ordinance provisions with Signs
respect to temporary campaign signs and provide Item 8-P
direction if changes in ordinance language or
anforc.nment are desired.
The Zoning Ordinance currently allows up to 32
aq. ft. for temporary campaign signs. The
difficulty in enforcement is readily determining
whether a sign is located on private property or
in the right-of-way. Unless staff can determine
that a sign is clearly in the public right-of-
way, removal will not be pursued. Staff has
notified all candidates of the requirements.
Councilmember Vtailiou stated staff should know
where very obvious right-of-ways are at major
intersections. She stat9d that the violations
seem to always involve the same parties and
encouraged the staff to be fair in enforcement.
0
Regular Council Meeting
September 16, 1991
Page 362
She stated that some candidates' signs have been
removed and others have received a letter giving
them 14 days for removal.
Manager Willis asked if the Council wants staff
to make an on-site check of each reported
violation and, if a violation exists, whether
staff should remove the sign, or notify the
candidate or candidate's committee of the
violation.
Councilmember Vasiliou stated she has received a
letter from an apartment developer that their
rental signs a. -7e removed each weekend by staff.
She stated that violations of all types of
temporary signs should be uniformly handled.
Councilmember R°.cker stated that he would prefer
staff make the aetermination of whether a
violation exists, and that no signs be removed by
the City unless the candidate or committee
refuses to do so. Staff should phone the
candidate or committee regarding the violation
and allow them two to three days for removal of
the sign. In addition, all temporary signs
should be handled the same.
The Council concurred with this policy.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-558 APPROVING FINAL PLANS AND
SPECIFICATIONS AND AUTHORIZING THE SOLICITING OF
BIDS for Shiloh, Gleanloch, and 10th Avonue
neighborhood parks.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-559 SETTING rUBLIC HEARING ON ON -SALE AND
SUNDAY INTOXICATING LIQUOR LICENSE APPLICATIONS
OF PLYMOUTH PLACE HOTEL.
Motion carried on a roll call vote, five ayes.
3tE90LUTI0N 91-55A
APPROVING FINAL
PLANS AND
AUTHORIZING BIDS
FOR NEIGHPORHOOD
PARKS
Item *8-Q
RESOLUTION 9.1_559
SETTING HEARING ON
LIQUOR LICENSE FOR
PLYMOUTH PLACE
HOTEL
Item *8-R-1
Regular Council Meeting
September 16, 1991
Page 363
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-560 SETTING PUBLIC HEARING ON ON -SALE AND
SUNDAY INTOXICATING LIQUOR LICENSE APPLICATIONS
OF CHILI'S OF MINNESOTA INC.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
91-561 SETTING PUBLIC HEARING ON ON -SALE 3.2 AND
WINE LICENSE APPLICATIONS OF CHIN YUNG
CORPORATION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-562 SETTING PUBLIC HEARING ON OFF -SALE 3.2
LICENSE APPLICATION OF GATEWAY FOOD, INC., D/B/A
RAINBOW FOODS.
Motion carried on a roll call vote, five ayes.
POTION was made by Councilmember Zitur, second --d
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-563 APPROVING 195 CIGARETTE LICENSE
APPLICA^ION of Vicksburg Liquors, 1115 Vicksburg
Lane.
Motion carried on a roll call vote, five ayes.
Assistant Manager Boyles recommended that the
Council consider adoption of a revision tc the
City Code to bring the ordinance regarding bincr
licensing into compliance with state law. He
stated that the state law also allows a City to
retain up to 10 percent of the net proceeds for
costs incurred by the City and for purposes
designated by the City, and asked the Council for
direction on this issue.
Attorney Thomson explained the Charitable
Gambling statute, and stated that any ordinance
adopted by the Council would affect all types of
charitable gambling in the City. The guidelines
must be uniform for all types of gambling.
RFSOL•UTION 91-560
SETTING HEARING ON
LIQUOR LICENSE FOR
CHILI'S OF
MINNESOTA INC.
Item *8-R-2
RESOLUTION 91-561
SETTING HEARING ON
LIQUOR LICENSES
FOR CHIN YUNG
CORPORkTION
Item *8-R-3
SETTING HEARING ON
LIQUOR LICENSE FOR
RAINBOW FOODS
Item *S -R--4
RFSQLUTiQN_91-563
APPROVING
CIGARETTE LICENSE
FOR VICKSBURG
LIQUORS
Item *8-S
Bingo Ordinance
Item 8-T
0
Regular Council Meeting
September 16, 1991
Page 364
MOTION was made by Councilmember Ricker, seconded
by Councilmember Hell' -well, to direct staff to
prepare an ordinance for Council consideration
which would establish fees as allowed by statute
if the event requires a state .license.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Vasiliou, to table the proposed
ordinance to bring the City Code into compliance
with state law to the nest meeting.
Motion carried on a roll call vote, five ayes.
Mayor Bergman asked the status of the City
response to the DNR regarding the Northwest
Boulevard application.
Manager Willis stated the response has been
drafted and will be submitted shortly. The
spokespersons for the property owners will be
notified.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to accept the
pending and completed City Council directives.
Motion carried, five ayes.
MOTION was made by Councilmember Ricker, seconded
by Mayor Bergman, to approve the request of the
Plymouth Charter Commission for $3,543 to finance
its activities through the balance of 1991, from
the contingency reserve.
Councilmember Vaai.liou questioned whether the
attorney needs to be present at the Commission
meetings, and noted that the Commission's annual
budget for 1992 would be about $12,000 if
attorney fees are included. Charter Commissions
in other cities do not have an attorney present
at all meetings.
Manager Willis stated this issue was discussed by
the Commission. The attorney's fees included in
the $3,543 include attendance at the meetings
from July through year-end, as well as
preparation of minutes and meeting notices.
Council Directives
Item 9-A
Charter Commission
Budget
Item 9-B
0
Regular Council Meec.a ig
September 16, 1991
Page 365
Attorney Thomson stated there is no requirement
that an attoraiey be present at the Charter
Commission meetings. Initially, the Charter
Commission could have the need for an attorney
more oft, than an established Charter
Commission.
Councilmember Ricker asked if the Council has the
authority to limit the expenditures of the
Charter Commission. Manager Willis stated that
any amount in excess of $1,500 must be approved
by the Council.
Councilmember Ricker suggested that the Charter
Commission budget starting in January, 1992, not
Include attendance by the attorney at the
meetings.
Councilmember 2itur suggested that the Commission
Barite a list of questions for submission to the
City Attorney. The attorney can respon., to the
Chairperson for distribution at the next meeting.
He suggested that the Commission be asked for
their rationale as to whether and/or wby the
attorney is needed at each meeting.
SUBSTITUTE MOTION was made by Councilmember
Vasiliou, seconded by Councilmember Zitur, to
refer the request back to the Charter Commission
for their comments on why the attorney is needed
at the meetings. The Council will honor
expenditures made to date.
Motion carried, five ayes.
Councilmember Vaailiou asked about the task Project Status
force, noted in the Project Status Report, which Reports
is developing proposed revisions t^ the City's Item 9-C
Erosion Control Policy.
Director Moore stated the task force was formed
with builder, developer, and staff
representatives to consider better means of
enforcing the existing Erosion Control Policy.
Mayor Bergman noted one example is if a builder
is notified of an erosion violation and refuses
to do anything, the City c•=uld put a cease and
desist order on the job.
0
Regular Council Meeting
September 16, 1991
Page 366
MOTION was made by Mayor Bergman, seconded byCouncilmemberVasiliou, to approve the Capital
Improvement and Project Status Reports.
Motion carried, five ayes.
COuncilmember Ricker asked about the status of Proposed Libraryacquisitionofpropertyfortheproposedlibrary. Item 9-E
Attorney Thomson stated that the City was unable
to obtain a signed agreement with the propertyownerFollowingthelastquicktakeaction.
Another hearing is set for September 17.
Councilmember Zitur stated that reference was School District
made at a Robbinsdale School District 281 meeting 281 - Request .:ortotheCityofPlymouthassistingwithaschoolLiaisonOfficerliaisonofficer. He asked that the Manager Item 9-Ereportbackonthis.
Councilmember Zitur stated he does not consider Soo Line RailroadtheSooLineRailroad's response adequate to the WhistleCity's concerns about the train whis%le. He Item 9-E
stated the City should take action, perhaps under
the City's nuisance ordinance.
Counci:.member Vasiliou stated the railroad does
not seem to understand that the City's message is
not whether the whistle should be blown, but for
how long. Discretion should be used.
MOTION was made by Councilmember Zitur, secondedbyMayorBergman, to direct staff to send a
letter regarding the installation of the railroad
arm at Pineview Lane.
Motion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to direct staff to send
a letter regarding the City's concerns about the
length of the whistle blowing, with a copy to thelocallegislators.
Motion carried, five ayes.
Manager Willis stated there is a Town Meeting Town MeetingscheduledforArea1onOctober28. This is one Delayed
Regular Council Meeting
September 16, 1991
Page 367
week before the election, and lie suggested that
this meeting be delayed.
MOTION was made by Councilmember Ricker, seconded
by Councilmembe,r Zitur, to delay the Town Meeting
for Area 1 until after January 1, 1992.
Motion carried, five ayes.
The meeting was adjourned at 9:55 p.m.
yCerC
I