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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