Loading...
HomeMy WebLinkAboutCity Council Minutes 10-07-1991MINUTES REGULAR COUNCIL MEETING OCTOBER 71. 1991 The regular meeting of the Plymouth City Council was called to order oy Mayor Bergman at 7:00 p. -a. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 7, 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, Finance Di,-ector Hahn, City Attorney Thomson, and City Clerk Rauenhorst FUSZKMI-QRS Mar, Dolan, 6110 Berkshire Lane, and Christina Stomberg, 12910 27th Avenue North, represented Northwest Hennepin Human Services (NWHHS) Board. They showed slides describing the services offered by NWHHS. Mary Dolan stated she was recently appointed to the NWHHS Advisory Committee and descri"ed trig goals of the agency. Councilmember Zitur stated he served on the NWHHS Board for three years and on the Community Action for Suburban Hennepin ;CASH) Board. He stated the residents of Plymouth are being taxed to support these agencies through the county and city portion of their property tax. He fee13 the taoney should go for human needs rather than high salaries for human service employees. Councilmeml,er Vaeiliou stated that many surveys nave beer. %scantly conducted by NWHHS. She questio ,e -i wiia".her there is survey duplication and stat eO ,t he problems have already been identifie 1. ie r+oney should be spent on services tL •es, thR problems. She also opposes funding totmulaa on a per capita basis because it penal zee growing cities like Plymouth. Regular Council Meeting October 7, 1991 Page 369 Items 6 -JJ, 9-A-1, and beginning of the agenda hearings. 9-A-2 were moved to the after the public Items 8-K, 8-M, and 8 -EE were removed from the Consent Agenda. MOTION was made by Councilmember Zitur, seconded by Councilmember vasiliou, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. IVR1 k Consent Agenda Item 5 MOTION was made by Councilmember Zitur, seconded Minutes by Councilmember Vasiliou, to approve tho minutes Item *6 of September 16, 1991. Motion carried, five: ayes. iso Mayor Bergman opened a public hearing at 7:17 P.m. on the 1991 delinquent utility, recycling, and street lighting service charges, the 1991 unpaid annual street Lighting for unimproved parcele, and the 1991 unpaid annual recycling lees. No one appeared, and the hearing was closed at 7:ta p.m. MOTION was made by Councilmember Zitur, ,seconded USOLUTtIaL IL -H4 by Councilmember Vaailiou, to adopt RESOLUTION ADOPTING NO. 91-564 ADOPTING ASSESSMENTS, 1991 OELINQI)ENT ASSESSMENTS FOR MONTHLY WATER, SEWER, RECYCLING, AND srREET 1991 DELINQUENT LIGHTING SERVICE CLARGMS. UTILITIES Item 7-A-1 Motion carried on a roll ca Li vote, Live ayes. MOTION was made by Councilmembe.r Zitur, seconded BESOLUTION 91-565 by Councilmember Vaailiou, to adopt RESOLUTION ADOPTING NO. 91-565 ADOPTING ASSESSMENTS, 1991 UNPAID ASSESSMENTS FOR ANNUAL STREET LIGHTING FOR UNIMPRO%v'SD PARCELS. 1991 UNPAID ANNUAL STREET LIGHTING Motion carried on a roll call vote, five ayes. Item 7-A-2 0 0 Regular Council Meeting October 7, 1991 Page 370 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0. 91-566 ADOPTING ASSESSMENTS, 1991 UNPAID ANNUAL RECYCLING FEES. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:20 p.m. on the 9th Avenue/Ranchview Lane Improvements, Project No. 947. Manager Willis and Public Works Director Moore explained the project, the assessment rates, and the assessment appeal process. No one appeared for the hearing, and the hearing was close! at 7:23 p.m. MOTION was made by Councilmember Vasiliou, seconded by Ccuncilmember Zitur, to adopt RESOLUTION NO. 91-567 ADOPTING ASSESSMENTS, PROJECT NO. 947, 9TH AVENUE/RANCHVIEW LANE, ALL PROPERTY EXCEPT KUECHLE ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vaeiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-568 ADOPTING ASSESSMENTS, PROJECT NO. 947, 9TH AVENUE/RANCHVIEW LANE, KUECHLE ADDITION. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7.24 p.m. on the application of Chin Yung Corporation, 10620 Highway 55, for wine and on -sale nonintoxicating liquor licenses. No one appeared or thA hearing, and the hearing was closed at 7:24 p.m. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-569 APPROVING WINE LICENSE FOR CHIN YUNG CORPORATION. Motion carried on a roll ca:l vote, five ayes. 0 RFSOL•UTION 91-566 ADOPTING ASSESSMENTS FOR 1991 UNPAID ANNUAL RECYCLIUG FEES Item 7-A-3 gg,SOL•UTION 91-567 ADOPTING ASSESSMENTS, PROJECT NO. 947 Item 7-A-4 gggQ oTION j,6.9 ADOPTING ASSESSMENTS, PROJECT NO. 947 Item 7-A-4 P'E'5 41.JQN 91-5.62 APPROVING WINE LICENSE FOR CHIN YUNG CORPORATION Item 7-B 0 Regular October Page 371 Council Meeting 7, 1991 MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-570 APPROVING ON -SALE 3.2 LIQUOR LICENSE FOR CHIN YITNG CORPORAT.T.ON. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:25 p.m. on the application of Gateway Foods Inc.; d/b/a Rainbow Foods, 4190 Vinevood Lane, for as off -sale 3.2 liquor license. No one appeared for the hearing, and the hearing was closed at 7:25 p.m. RESOLUTION 91-50 APPROVING ON -SALE 3.2 LIQUOR LICENSE FOR CHIN YUNG CORPORATION Item 7-B MOTION was made by Councilmember 3itur, seconded RESQLUTION 91-571 by Councilmember Vasiliou, to adopt RESOLUTION APPROVING OFF -SALE NO. 91-571 APPROVING OFF -SALE 3.2 LIQUOR LICENSE 3.2 LIQUOR LICENSE FOR GATEWAY FOODS, INC. FOR GATEWAY FOODS Item 7-C Motion carried on a roll call vote, five ayes. Manager Willie stated that the City Council previously allocated $400,000 from the Project Administration Fund for the acquisition of the proposed library site. Since the City's appraised value is $600,000, he recommended that an additional $200,000 be appropriated from the Project Administration Fund. The Cowr c'.1 could authorize staff to deposit tlNe $600,OOG with the Court for the acquisition of ;he Cavanaugh parcel as previously directed. This action would permit the City to take possession of the site as soon as the Court issues its order. MOTION was made by Councilmember Ricker, seconded by Councilmember Halliwell, to adopt RESOLUTION NO. 91-572 AUTHORIZING APPROPRIATION OF FUNDS FROM PROJECT ADMINISTRATION FUND AND DEPOSITING FUNDS WITH COURT FOR THE PURCHASE OF HENNEPIN COUNTY LIBRARY SITE, directing staff to notify Councilmembere immediately when the Court rules on the condemnation action. Mayor Bergman stated he will not support this J6___,....__ a r 7 Proposed Library Item 8 -JJ APPROPRIATING FUNDS FOR LIBRARY Item 8 -JJ Regular Council Meeting October 7, 1991 Page 372 City still has the option of talking to the library board and commissioners to negotiate an alternate site. Councilmember Ricker stated that a motion was previously adopted unanimously by the Council to proceed with the condemnation action. A special meeting of the Council may need to be held when the condemnation is approved by the Court to determine the next step. Councilmember Vasiliou agreed that a special meeting will be necessary, but she won't support the resolution for the same reason cited by Mayor Bergman. Manager Willis stated the amount of $600.000 represents the appraisal value the City had done a number of months ago. The City will be obligated to pay the amount established by the condemnation panel, which could be grea+er than 600,000. Councilmember Helliwell stated the citizens of Plymouth pay $1.6 million each year toward the Library system and only get a bookmobile for about four hours per week. She recently learned that Minnetonka has two libraries; Plymouth citizens deserve at least one. Councilmember Vasiliou asked what will be done to ensure that a library is built on the site within a certain period of time once the City deeds it to the County. Manager Willis recommended that the City Council should establish a date for performance by the County to build a library if the site is conveyed. Councilmember Rickex suggested that if the County does not construct the library within three years, the site should revert back to the City. Motion carried on a roll call vote, Helliwell, Ricker, Zitur ayes; Vaciliou and Bergman nays. Regular Council Meeting October 7, 1991 Page 373 Councilmember Zitur suggested that the Council hold interviews with all interested applicants for the two Planning Commission vacancies. The Council directed staff to schedule interviews with Planning Commission applicants for Monaay, October 14 beginning at 7:00 p.m. Councilmember Zitur stated no applications were received for appointment to the water Quality Committee from residents in Districts 1 or 3. suggested that additional applications be solicited, and that the Council consider adding an at -large appointment to the Committee. Councilmember Vasiliou stated alternate appointments may also be desirable. Planning Commission Vacancies Item 9-A-1 Water Quality Committee He Item 9-A-2 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to direct staff to advertise for additional applicanto, particularly from Districts 1 and 3, for the water Quality Committee. Motion carried, five ayes. Manager Willie recommended that the acation of a portion of 10th Avenue in Parkdale and Glen Grove Acres First Additions be Approved. The vacation has been modified from that proposed at the public hearing so that the portion of 10th Avenue adjacent to the east 124 feet of Lot 5, Block 1, Glen Grove Acres Subdivision (Sophia Gould property) would not be vacated. Vacation of portion of 10th Avenue Item 8-A MOTION was made by Councilmember Ricker, seconded USOLUTiON 91-573 by Councilmember Vasiliou, to adopt RESOLUTION VACATING A PORTION NO. 91-573 AUTHORIZING THE VACATION 0.' A PORTION OF 10TH AVENUE OF 10TH AVENUE WITHIN PARKDALE ADDITION AND GLEN Item 8-A GROVE ACRES FIRST ADDITION. Motion carried on a roll call vote, five ayes. Manager Willis stated that the Charter Commission Charter Commission further discussed their requested 1991 budget, Request for 1941 specifically relating to whether the attorney Budget should be present at 9ach meeting. The Charter Item 8-B Commission voted to resubmit their original 1991 Regular Council Meeting October 7, 1991 Page 374 request ':o the City Council. He stated that several cities were surveyed with respect to whether Ln attorney attended their meetings. For those coLumunities with established charter commissions, presence of an attorney was not normally required. In those instances where there was active discussion of charter amendments, the attorney was normally present. He stated that Charter Commission Chair Joy Tierney was present to answer questions and explain their request. Councilmember Vasiliou clarified that the City Council did not hire the attorney serving the Charter Commission. The Council was advised of the attorney selected by the City Manager. Manager Willis stated the selection of the attorney was at the discretion of the Charter Commission. He had David Kennedy, Holmes and Graven, attend the first meeting to provide backo ..rnd arLd procedural information. It was the .vision of the Charter Commission whether to continue with Mr. Kennedy or select another attorney of its own. The Commission chose to stay with Mr. Kennedy for legal services at the present time given his extensive experience in charter commission matters with the LMC and serving other metropolitan area commissions. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to aciont RESOLUTION NO. 91-574 PLYMOUTH CHARTER COMIS3ION - 1991 BUDGET REQUEST, and to delay consideration of the 1992 Charter Commission budget until budget discussions. Coirncilmember 2itur stated he doesn't support having an attorney at each Charter Commission meeting, and current City staff members should be able to provide aecretarinl services to the Commission. Councilmember Ricker stated that approval of the 1991 budget will give the Charter commission the help they need in tho initial std9es of considering a charter. whether or not an attorney should be present: at each meeting can be disauased with respect to the 1992 budget. RESOLUTION_ IL --.5-7A CHARTER COMMISSION 1991 BUU6ET Item 8-B Regular Council Meeting October 7, 1991 Page 375 Councilmemt-or Vasiliou concurred with Counzilmember Zitur that an attorney does not need to be present at each meeting, particularly when the Commission askad for input from Council and staff members. Motion carried on a roll call vote; Ricker, Helliwell, Bergman ayes; Vasiliou and Zitur nays. Community Development Coordinator Dillerud stated Sherwood Perl - that the Planning Commission recommended approval Parkers Woods o; the Preliminary Plat, Subdivision Variances Item 8-C and She.-, land Management Overlay District Variances for "Parkers woods". The Planning Commission felt that the plat now proposed is very similar to the plat approved in 1983. Staff recommends denial based on the finding that the variances were so numerous and sizable that a plat of this property proposing one or two less lots would be more appropriate. Sherm Goldberg was present to answer questions on gF,SQLUTIO 91-575 behalf of the petitioner. APPROVING PRELIMINARY PLAT MOTION was made by Councilmember Vasiliou, FOR SHERWOOD PERL seconded by Councilmember Zitur, to adopt FOR PARKERS WOODS RESOLUTION NO. 91-575 APPROVING PRELIMINARY PLAT (91037) FOR SHERWOOD PERL FOR PARKERS WOODS (91037). Item 8-C Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded ESSOLUT O 91-576 by Councilmember Vasiliou, to adopt RESOLUTION APPROVING AMENDEL NO. 91-576 APPROVING AMENDED MIXED PLANNED UNIT MPUD PRELIMINARY DEVELOPMENT PRELIMINARY PLAN AND CONDITIONAL USE PLAN AND CUP FOR PERMIT FOR OPUS CORPORATION (91039). OPUS CORPORATION 91039) Motion carried on a roll call vete, five ayes. Item *8-D MOTInN was made by Councilmember Zitur, seconded gSSOL ION 91-j7.7 by Councilmember Vasiliou, to adopt RESOLUTION APPROVING AMENDED NO. 91-577 APPROVING AMENDED SITE PLAN AND SITE PLAN AND CUP CONDITION" PERMIT FOR VER -TECH, INC. FOR OUTDOOR FOR VER -TECH INC. STORAGM (91048). (91048) Item *8-E Motion carried on a roll call vote, five ayes. Regular Council Meeting October 7, 1991 Page 376 L40TION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-578 APPROVING CONDITIONAL USE PERMIT FOR TER -TECH, INC. FOR A WASTE FACILITY (91048). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-579 APPROVING PRELIMINARY PLAT AND SUBDIVISION VARIANCE FOR FRED SMTTH FOR IRONHORSE ESTATES (91060). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 91-28 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT 17325 COUNTY ROAD 24 AS R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-580 :ETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR FRED SMITH (91060). Motion carried on a roll call vote, five ayes. MOTION was made bf Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0. 91-581 APPROVING CONDITIONAL USE PERMIT AICD SITE PLAN AMENDMENT FOR SELECT METALS ()016:,). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconder. by Councilmember Vasiliou, to adopt RESOLUTION N0. 91-582 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMEND)MNT FOR RON SPLETT CONSTRUCTION FOR JOHN SPLETT (91069) (RPUD 76-3). Motion carried on a roll call vote, five ayes. SOLUTION 91-M APPROVING CUP FOR VER -TECH INC. 91048) Item *8-E SOLUTION 91-579 APPROVING PRELIMINARY PLAT AND SUBD. VARIANCE FOR IRONHORSSE ESTATES (91060) Item *8-F ORDINANCE 91-28 REZONING 17325 COUNTY ROAD 24 IN IRONHORSE ESTATES Item *8-F RE LUT ION 91M5.0 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 91060) Item *8-F Rx3 LOUTIONX11-501 APPROVING CUP nND SITE PLAN AMENDMENT FOR SELECT METALS 90163) Item *8-G gSOLUTION _4L -5U APPROV?NG RPUD PLAN AND CUP AMENDMTSNT FOR JOHN SPLETT (91069) RPUD 76-3) Item *8-H 0 CI Regular. Council Meeting October 7, 1991 Page 377 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-584 APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR HOLLYDALE GOLF, INC. 91073). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-583 APPROVING SITE PLAN FOR RYAN CONSTRUCTION FOR ZERO MAX, INC. (91075). Motion carried on a roll call vote, five ayes. Coordinator Dillerud stated that staff has communicated with Mr. Fischer with respect to whether his request to construct a 42 x 48 foot greenhouse at 4630 Fernbrook Lane North represents an agricultural use under the Zoning Ordinance and requires site plan approval. A use other than single family dwelling or agriculture requires a site plan in the FRD Zoning District. The Planning Commission ;--elieves the use proposed by Mr. Fischer does qualify as agricultural. Staff believes that tae proposed uae does not meet the Zoning Ordinance definition of agriculture. Mr. Fischer objects to the site plan process because of the proposed requirement that a fire hydrant be added on the site. Jerry Fischer, 4630 Fernbrook Lane, stated that orchids are an agricultural product. He meets the definition of "agriculture" through the State Department of Agriculture and U.S. Department of Agriculture. He stated that City staff informed him that the greenhouse is considered agricultural and does not need a building permit; however, it would require site plan approval in this situation because his use does not meet the Zoning Ordinance definition of agriculture. Mr. Fischer objected to the requirement of installing a fire hydrant on his property. He stated that hydrants currently existing within 300' of his site. It would be a considerable expense - at loast $13,000. BEE$OLOXON 91-584 APPRUVING AMENDED CUP AND SITE PLAN FOR HOLLYDALE GOLF 91073) Item *0-I RESOLUTION 91-583 APPROVING SITE PLAN FOR RYAN CONSTRUCTION FOR ZERO MAX, IFC. 91075) Item *8-J Jerry Fischer Site Plan for Orchids Limited 91077) Item 8-K Regular Council Meeting October 7, 1991 Page 378 Coordinator Dillerud stated the Fire Department requested that the fire hydrant be installed within 50' of the structure. Mr. Fischer stated that Len Busch Dass not required to install a fire hydrant on his site. Coordinator Dillerud stated that at the time of Mr. Busch's site plan approval, City water was not available to serve the site. Attorney Thomson stated the City Council interprets what the term "agriculture" means in the City's Zoning Ordinance. The Council also has discretion to waive any recommended conditions. Counci lmember Helliwell asked Mr. Fischer to describe the structures currently existing on the site. Mayor Bergman suggested that the site plan be approved deleting the requirement that a fire hydrant be installed on site. Counci lmember Vasiliou asked if Mr. Fischer had employees en the site and questioned whether there should be some provision in the event of a fire that the City Mould be held harmless. Mr. Fischer stated he has one full-time and three part-time employees. Attorney Thomson recommended that the condition requiring installation of a fire hydrant on site remain in the resolution, if the Council chooses to approve the site plan. He stated that the Council could add the requirement for a hold harmless agreement in lieu of the fire hydrant installation. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-585 APPROVING SITE PLAN FOR JERRY FISCHER FOR ORCHIDS LIMITED" (91077), with Condition No. 4 to reads "in lieu thereof, the applicant must enter into a hold harmless and indemnification agreement protecting the City from any liability as 3%-U- iQ#__U_- 505 APPROVING SITE PLAN FOR JERRY FISCHER FOR ORCHIDS LIMITED 91077) Item 8-R Regular Council Meeting October 7, 1991 Page 379 resulting from the fire hydrant not being constructed." Councilmember Ricker asked if the Fire Department would object to this amendment. Manager Willis responded that the Fire Department recommended that the hydrant be installed. They will hook up to the hydrant nearest the site, if the hydrant is not required. He stated that as the area develops further and the trunk watermain is extended northerly, additional hydrants will be included in the project. Motion carried on a roll call vote, five aye3. Community Development Coordinator Dillerud explained the application of Hartford Investment Company for Preliminary Plat, Site Plan, Rezoning from FRD to R-2, and Conditional Use Permit for attached housing for "Fernbrook Townhomes". He stated the site design recommended by the Planning Commission is that which was originally proposed by the applicant and recommended by the staff. That Plan provides for a public street to be constricted from the intersection of 44th Avenue North and Fernbrook Lane east and southerly to the south property line. Most of the residents appearing at the public hearing favor access to the site at some point other than 44th Avenue North and Fernbrook Lane. While the Planning Commission considered alternate access to the site, its recommendation continues to be for a public street (Empire Lane) to be platted and constructed from the intersection of the 44th Avenue North and Fernbrook Lane east and south of the south property line of this site. The Planning Commission recommended the following design modifications: 1) All improvements proposed for the area between Empire Lane and Fernbrook Lane should be removed from the Plan. This area should be disturbed only the minimal amount necessary to construct Empire Lane, with no removal of trees or grading beyond the minimal requirement, and 2) The applicant should be required to plant additional trees parallel to e Hartford Investment Fernbrook Townhomes 91044) Item 6-L Co. - Regular Council Meeting October 7, 1991 Page 380 the private access road off of Empire Lane to further screen the project from Fernbrook Lane and the residences vest of Fernbrook Lane. Jack Brandt and Brian Lubben, 7400 France Avenue, represented the petitioner. Mr. Brandt stated they have worked on this development with staff since November, 1990. Two meetings have been held with the adjacent resident -e regarding the development. He stated they are somewhat flexible with respect to the location of the access. Sue Gale, 14325 44th Avenue North, expressed concerns about traffic which would result from the proposed access. She stated that the stop signs installed at the residents' request in 1989 have helped regulate traffic somewhat, bW. they are concerned about the effects of thin development. There is a school bas stop at Harbor Lane and 44th Avenue, with about 30 children boarding the bus. The traffic is already very heavy. She askad that the Council not apprcve the access at 44th Avenue and Fernbrook Lane. She supporta moving the access southerly to 43rd Avenue in order to maintain the natural buffer. Mrs. Gale stated there should be two garage stalls for all dwelling unite rather than one -stall per unit for the portion of the unite now proposed. Lie& Passolt, 4400 Harbor Lane, stated the woo0s are a buffer from the traffic noise and she is concerned about children's safety if the 44th Avenue acceaa is approved. Grant Heino, 4315 Harbor Lar e, stated that residents speaking at the Planning Commiosiou meeting were informed they would be notified by mail of the date of Council consideration. He stated they were not notified. He feels that 44th Avenue is not a safe entrance to the development. Bruce Parker, 14625 44th Aver.ue North, stated that the primary entrance to Turtle rake nark is on 44th Avenue. This development will a%id pedestrian and bike traffic: to 44th Avonae, which is already dangerous. The accosa to the development ohould not be at 44th Avenue. Regular Council Meeting October 7, 1991 Page 381 Scott Hough, 4415 Harbor Lane, stated there is considerable neighborhood opposition to the access location at 44th Avenue. The developer has worked with residents on other issues relating to the development. He suggested that the Council refer this item back to the Planning Commission so an alternate access can be developed that is amenable to the developer and the existing residents. The Council discussed possible access locations. Councilmember vasiliou stated the Council had received a letter of intent between the Begins' and Hartford Investment relating to the possible dedication of the easement for access if redesign takes place. She asked if there is a problem with moving the access road southerly as requested by the neighbors and supported by the developer? Mayor Bergman noted that if the 44th Avenue access were eliminated, there would v:e only one accass to the aevelopme+nt. Public Works Director Moore described the possible alignment locations. He stated that staff foresees problems if the access is moved to the south property line. The access distance between 44th Avenue and the mouth property line is much closer than the recommended minimum spacing distance and may create traffic problems. Also, another access will be needed, with timing deranding on future development, south of the south property line at 43rd Avenue North to access the Begin site. in addition, the road location at the south property line would require filling and encroachment into a wetland area. The majority of this wetland is needed as a holding area for storm water drainage. Councilmember vasiliou stated the Council recognizes the value of the wetland. However, in this situation, the wetland can be mitigated the woods cannot be replaced. Access to this development will affect either tho tree line or the wetland area. 0 Regular Council Meeting October 7, 1991 Page 302 Councilmember Helliwell asked if the developer has obtained any information about filling this wetland. Mr. Lubbin stated the Carps of Engineers and the Bassett Creek Watershed District have interests in this wetland. The Corps has an interest from a wetland preservation perspective. They have indicated that filling is possible but won't give approval until a plan is submitted. The Bassett Creek Watershed District has indicate3 that this area im needed for storm water holding and any filling would need to be mitigated. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, that this application be remanded to the Planning Commission for redesign of the access. Mr. Brandt requested that the project be acted upon by the Council. He stated they are flexible regarding the access location if it is on their site. SUBSTITUTE MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-586 APPROVING PRELIMINARY PLA': AND GENERAL DEVELOPMENT PLAN FOR HARTFORD NVESTMENT, INC. LOCATED AT THE INTERSECTION OF 44TH AVENUE NORTH AND FERNBROCK LANE (91044), e4esignating access to the development at the location through the wetlands centered on the south property lino, oubject to Corps of Engineers and Watershed District approval. Mr. Brandt Stated he prefers the 44th Avenue access as originally raquedLnd and recommended; however, they would agree to the access through the wetland area if the Council could act on it tonight. Councilmember. Helliwell asked if an access further to the south, in order not to affect the wetlands, would be too far from tt+e development. Mr Rrandt ahxted yes. In addition, they do not have an agreement with Mr. Begin to obtain the property necessary for that accuas. Motion carried on a roll call vote, five ayes. 0 NaOLUTION _21=5„Q,{ APPROVING PREL. PLAT AND DEVELOPMENT PLAN FOR FERNBROOK TOWNHOMES Qln44) Item 8-L Regular Council Meeting October 7, 1991 Page 383 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-587 APPROVING SITE PLAN AND CONDITIONAL USE PERM:T FOR HARTFORD INVESTMENT, INC. LOCATED AT THE INTERSECTION OF 44TH AVENUE NORTH AND FERNBROOK LANE (91044),designating access to the development at the location through the wetland area centered on the south property line, subject to ^osis of Engineers and Bassett Creek Watershed District approval. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt ORDINANCE N0. 91-29 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE INTERJECTION OF 44TH AVENUE NORTH AND FERNBROOK LANE AS R-2 (LOW MEDIUM DENSITY RESIDENTIAL) DISTRICT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-588 SETTING CONDITIONS TO BE MET PRIOR TO PUBLIMTION OF ORDINANCE REZONING LAND FOR PROPERTY LOCATED AT THE INTERSECTION OF 44TH AVENUE NORTH AND FERNBROOK LANS (91044). Motion carried on a roll call vote, five ayes. Chris Censky, 3855 Dunkirk Lane, represented Custom Building Concepts. He requested that Condition No. 12 be removed from the proposed resolution approving the preliminary plat for nine single family lots at the intersection of Northwest Blvd, and 44th Avenue North. Condition No. 12 requires that all existing structures be removed prior to issuance of building permita, and this condition did not appear in the Planning Commission report. Mr. Censky intends to start development of properties on Vinewood Lane, then develop the properties along 44th Avenue. He would like to use the existing structures for storage of construction materials until the Vinewood Lane USQL TTION 91-587 APPROVING SITE PLAN AND CONDITIONAL. USE PERMIT FOR FERNBROOK TOWNHOMES (91044) Item 8-L ORDINANCE 91-29 REZONING PROPERTY FOR FERNBROOK TOWNHOMES (91044) Item 8-L RESOLUTION 91-58$ SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 91044) Item 8-L Custom Building Concepts (91068) Item 8-M Regular October Page 384 ouncil Meeting 7, 1991 properties are developed. Also, there is a caretaker staying on the property now. He asked that the Council delay the requirement that the structures be removed. Director Moore stated the existing structures will have to removed for the site grading. Because the site is only five acres, the entire site should be graded in order to establish the proper drainage in this development. Mayor Bergman concurred that the entire site should be graded before construction begins. Coordinator Dillerud stated staff's concern mainly relates to the structures, other than the house, on the site. The existing house could be left for a poriod of time as long as the other buildings are removed for the grading. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-589 APPROVING PRELIMINARY PLAT, AND SUBDIVISION CODE VARIANCE FOR LOT DEPTH FOR CUSTOM BUILDING CONCEPTS, INC., LOCATED AT THE INTERSECTION OF NORTHWEST BOULEVARD AT 44TH AVENUE NORTH (91068), amending Condition No. 12 to state: "All existing structures, with the exception of the house, shall be removed prior to issuance of building permits. The house shall be removed before any of the lots on 44th Avenue aredeveloped." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt ORDINANCE NO. 91-30 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS TOCATED AT THE INTERSECTION OF NORTHWEST BOULEVARD AND 44TH AVENUE NORTH AS R-2 (LOW DENSITY MULTIPLE RESIDENCE. DEVELOPMENT) DISTRICT. Motion carried on a roll call vote, five ayes. RESOLUTION 91-Q. APPROVING PRELIMINARY PLAT AND SUED. CODE VARIANCE FOR CUSTOM BUILDING CONCEPTS LOCATED AT NORTHWEST BLVD. AT 44TH AVE. NO. 91068) Item 8-M REZONING PROPERTY AT NORTHWEST BLVD. AND 44TH AVE. 91068) Item 8-M Regular Council Meeting October 7, 1991 Page 385 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-590 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR CUSTOM BUILDING CONCEPTS, INC. LOCATED AT THE INTERSECTION OF NORTHWEST BOULEVAM AND 44TH AVENUE NORTH (91068). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-591 APPROVING SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT TO EXCEED HEIGHT REQUIREMENTS FOR VISION OF GLORY LUTHERAN CHURCH 91076) . Motion carried on a rill call vote, five ayes. Manager Willis stated the applicant for pre'_iminary plan/plat, conditional use permit and sul:,-livision ordinance variances for 80 attached swellings located southwest of 22nd Avenue and Shenandoah Lane has objected to one condition of the proposed approving reso]•ution. Coordinator D illerud explained that the Laukka- Williame Parkers Lake cbjects to item 24a of the Engineer's Hc mo regarding the "eyebrow" private streets proposed off of Shenandoah Court. The Planning Commission recommends a condition be adder' to the resolution to allow the developer an exception of Item 24a subject to the developer and the Homeowners Association accepting responsibility for the perpetual maintenance of the private &treet proposed by the plan. Miles Lindberg, BRW Ina., stated that these iandscape ai glee are viewed as a major part of the subdivision. The "eyebrows" serve as landscape relief In addition, the pwoof of parking concept depends on those eyebrows being considered driveways. Councilmembo r Ricker asked if the "eyebrows" would be built to City standard and who would be responsible for maintenance. gES91•TJTIGN 91-,?Q SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 91068) Item 8-M RES n UTION 91-591 APPROVING SITE PLAN AMENDMENT AND CUP FOR VISION OF GLORY LUTHERAN CHURCH (91076) item *8-N Laukka-Williams Parkers Lake 11081) Regular Council Meeting October 7, 1991 Page 386 Manager Willis responded that it would be built to City standards, and that maintenance would be the responsibility of the homeowners association. Director Moore acated that when the Private Street Task Force was established, the City Council eliminated the provision for private streets in the Zoning Ordinance. The staff recommendation to prohibit the "eyebrows" in this development is based on that action. Councilmember Ricker stated the "eyebrows" would have to be defined as driveways in order for him to support them. Councilmember Vasiliou concurred that they should be called driveways. Private streets have become a real issue with respect to maintenance and the Council should not establish additional private streets that could pose future questions or problems. MOTION was made by Councilmember Helliwell, USOLUTION 91-5.0 seconded by Councilmember Ricker, to adopt APPROVING MPUD RESOLUTION NO. 91-592 APPROVING MIXED PLANNED PRELIMINARY PLAN/ UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT, PLAT, CUP AND CONDITIONAL USE PERMIT, AND SUBDIVISION ORDINANCE SUBD. ORDINANCE VARIANCES FOR LAUKKA-WILL?AMS PARKERS LAKE VARIANCES FOR 91078) (MPUD 83-1), amending Condition No. 19 to LAUKKA-WILLIAM" read: "A waiver of item 24a of the City PARKERS LAKE Engineer's Memo is approved on the condition that 91078) the developer and the Homeowners' Association (in item 8-0 recorded covenants) accept perpetual maintenance responsibility for the private driveways." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded $MLU.TION-Q?,7-m by Councilmember Vasiliou, to adopt RESOLUTION APPROVING MPI -'D CUP N0. 91-593 APPROVING A MIXED PLANNED UNIT AND FINAL SIT: DEVELOPMENT CONDITIONAL USE PEELMIT AND FINAL SITE PLAN AMLNDMENT FOR PLAN AMENDMENT FOR RYAN CONSTRUCTION COMPANY ROCKFORD ROAD ROCKFORD ROAD PLAZA) (91081) (MPUD 89-2) . PLAZA (91081) MPUD 89-2) Motion carried on a roll call vote, five ayes. Item *8-P Regular Council Meeting October 7, 1991 Page 387 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-594 APPROVING AMENDED SITE PLAN FOR RICHARD NESLUND FOR VICKSBURG PLAZA (91086). Motion carried on a roll call vote, five ayes. Manager Willis recommended that the request of Vern Reynolds Construction. Company for final plat and development contract for "Bass Lake Terrace 2nd Addition" be denied. He stated the condition contained in the preliminary plat with respect to the contract being let for construction of Northwest Blvd. has not been met. OTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt a resolution denying the final plat for Bass Lake Terrace 2nd Addition (91070). Lawrence Marofsky, attorney for Vern Reynolds, requested that the Council approve the final plat. He stated that Northwest Blvd. has been partially paid for by Vern Reynolds. He has already been assessea about $40,000 and has deposited $16,271 for Northwest Blvd. improvements. He stated that there was nothing Vern Reynolds could do to affect the condition placed by the Council on the preliminary plat regarding the bid award for Northwest Blvd. Mr. Marofsky stated the City will need Northwest Blvd. or an alternate access whether or not this plat is approved. The road will be needed to serve Bass Lake Playfield. He stated that if this plat is not approved by December 31 and is filed after January 1, 1992, Vern Reynolds will have to prepay all of 1992 taxes at the time of filing. Councilmember Vasiliou stated the City has indicated to the DNR that it will not move forward with anything related to Northwest Blvd. until the DNR holds its hearing on the alignment issue. Because the hearing has not yet been held, she does not feel it is an option for the Council to consider the plat. MFSOLUTION 91-594 APPROVING AMENDED SITE PLAN FOR RICHARD NESLUND FOR VICKSBURG PTAZA (91086) Item 8-Q Vern Reynolds Construction Co. Bass Lake Terrace 2nd Addition 91070) Item 8-R Regular Council Meeting October 7, 1991 Page 388 Mr. Marofsky stated that Council approval or denial of this plat does not eliminate any of the alignment options for Northwest Blvd. He stated that any delay in approving this plat will cost Mr. Reynolds money and time. The right-of-way necessary for Northwest Blvd. has been dedicated in this area and Mr. Reynolds could build three homes on the site now. He is requesting platting in order to obtain additional lots. Councilmember Zitur stated the Council should not delay Mr. Reynolds any longer from developing his property. Manager Willis explained that the commitment referred to Mr. Marofsky relates to a meeting the City had before the Environmental Quality Board EQB) where residents prorested the City's action with regard to the proposed Northwest Blvd. alignment. He indicated to the EQB that, while it was the decision of the Council, he would recommend that the Council not take any action which would preclude other Northwest Blvd. alignments. Manager Willis asked the developer if he would have any objection to a delay as long as the matter were somehow resolved prior to year-end. Mr. Marofsky stated the applicant would have no objection to a delay in consideration of the plat if a decision is made by December 15 to allow Mr. Reynolds adequate time to file the plat. Attorney Thomson stated the City Council has an oblivation to act on this application within 60 days after it has been filed. if the motior to deny the plat is adopted, a new application process would be required. Another alternative is for the applicant to agree to an extensira of time to consider the application. Unless the applicant consents to an extension, the Council must act on the application, or it will automatically become effective under state law. Mr. Marofsky stated his concern that if the issue is continued for 60 days. there still may not be a decision from the DNR. He asked for some reasonable assurance that if the DNR has not made Regular Council Meeting October 7, 1991 Page 389 its decision by December 151 the Council will consider the plat request. He stressed that he and the applicant understand that this would not ensure approval of the plat request - only consideration and a determination by the Council. Councilmember Ricker suggested that the plat request be delayed for 60 days if the developer so requests, and that the staff notify the DNR of this action and the Council's intent to consider the issue at that time. If they have an objection to this, the DNR should notify the City. He stated that the City's pledge to the DNR and residents is not unlimited. The City must go on with its business. This delay will give the DNR adequate time to respond. SUBSTITUTE MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to approve the final plat for Bass Lake Terrace 2nd Addition. Councilmember Zitur stated that the City has given the DNR an opportunity to respond. The Northwest Blvd. alignment and this development are two separate issues. It is unfair to make one contingent on the other. Councilmember Ricker stated that Mr. Reynolds has agreed to the 60 day extension. If the DNR does not respond in that time, then the City Council is freed of the responsibility to wait for the DNR hearing and decision on the alignment. Mr. Marofsky stated that Mr. Reynolds is requesting a delay in consideration of this application to December 16, with the understanding that the Council will notify the DNR that whatever commitment3 may have been made with respect to granting/denying final plats or taking any action relating to Northwest Blvd. will no longer be in effect after that date. Councilmember Ricker stated that if no response is received from the DNR by December 16, he will be prepared to take action on the final plat request. Regular Council Meeting October 7, 1991 Page 390 SUBSTITUTE MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to defer the final plat request up to and including December 16, as requested by the applicant, and to direct staff to notify the DNR that the Council intends to consider the final plat request for Bass Lake Terrace 2nd Addition on December 16. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-595 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CHURCHILL FARMS 2ND ADDITION FOR LUNDGREN BROS. CONSTRUCTION INC. (91079) (RPUD 90-1) . Motion tarried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-596 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LUNDGREN BROS. CONSTRUCTION FOR CHURCHILL FARMS 2ND ADDITION (91079) (RPUD 90-1). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91•-597 ADOPTING ASSESSMENTS, PROJECT NO. 128, SANITARY SEWER AND WATERMAIN AREA - CHURCHILL FARMS 214D ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-598 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR OSCAR NAUSTDAL FOR HUMMINGBIRD COVE (87083). Motion carried on a roll call vote, five ayes. RESOLUTION 91-595 APPROVING FINAL FLAT FOR CHURCHILL FARMS 2ND ADDITION 91079) RPUD 90-1) Item *8-S 8-S RESOLUTION 91-596 SETTING CONDITIONS TO BE MET PRIOR TO FILING (91079) RPUD 90-1) Item *8-S HE QLUTION 91-597 ADOPTING ASSESSMENTS, PROJECT 128 91079) RPUD 90-1) Item *8-S U00120 -21 --IM RELEASE OF SITE PERFORMANCE GUARANTEE FOR HUMMINGBIRD COVE 87083) Item *8-T-1 0I Regular Council Meeting October 7, 1991 Page 391 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-52-2 by Councilmember Vasiliou, to adopt RESOLUTION RELEASE OF SITE NO. 91-599 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR MINNEAPOLIS AUTO GUARANTEE FOR AUCTION (87099). MINNEAPOLIS AUTO AUCTION (87099) Motion carried on a roll call vote, five ayes. Item *6-T-2 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-600 by Councilmember Vasiliou, to adopt RESOLUTION RELEASE OF SITE NO. 91-600 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR OPUS CORPORATION FOR GUARANTEE FCR NATHAN 54 CENTER LOCATED AT THE NORTHEAQT CORNER NATHAN 54 CENTER OF 54TH AVENUE NORTH AND NATHAN LANE (90001). (90001) Item *8-T-3 Motion carried on a roll call rote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-601 by Councilmember Vasiliou, to adopt RESOLUTION RELEASE OF SITE NO. 91-601 AUTHORIZING RELEASE OF PERFORMANCE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR EIDEN GUARANTEE FOR CONSTRUCTION COMPANY FOR HAWTHORNE PLACE (90006). HAWTHORNE PLACE 90006) Motion carried on a roll call vote, five ayes. Item *8-T-4 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91- 02 by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF SITE NO. 91-602 AUTHORIZING REDUCTION OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR DURAND BUILDERS SERVICE GUARANTEE FOR 90064). DURAND BUILDERS SERVICE (90064) Motion carried on a roll call vote, five ayes. Item *8-T-5 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-603 by Councilmember Vasillou, to adopt RESOLUTION RELEASE OF SITE NO. 91-603 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR DELTAIC CORPORATION GUARANTEE FOR LOCATED AT 13330 12TH AVENUE NORTH (91052). DELTAK CORPOR'1TION 91052) Motion carried on a roll call vote, five ayes. Item *8-T-6 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 _-EU by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF SITE NO. 91-604 AUTHORIZING REDUCTION OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR PRIME/NEW HORIZONS I GUARANTEE FOR PARTNERSHIP (88117). PRIME/NEW HORIZONS I PARTNERSHIP Motion carried on a roll call vote, five ayes. (88117) Item *8-U-1 0 9 Regular Council Meeting October 7, 1991 Page 392 MOTION was made by Ccuncilme:ber Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-605 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR SUPER VALU STORES FOR CUB FOOD (90057). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-606 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WILLOW CREEK PARTNERS I AND II (90073) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUT70N NO. 91-607 AUTHORIZING nDUCTION OF SITE PERFORMANCE GUARANTEE FOR INDUSTRIAL PARK BUSINESS CENTER JOINT VENTURE (91005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmem ber Zitur, to adopt RESOLUTION NO. 91-608 APP7tOVING FINAL PAYMENT SWAN LAKE NEIGHBORHOOD PARK. Motion carried on a roll cal! vote, five Ryes. RESOLUTION 91-605 REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CUB FOOD (90057) Item *8-U-2 30LL•T ;.991-606 REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WILLOW CREEK PARTNERS I AND II 90073) Item *8 -it -3 RESOLUTION 91mQ7. REDUCTION OF SITE PERFORMANCE GUARANTEE FOR INDUSTRIAL PARK BUSINESS CENTER JOINT VENTURE 91005) Item *8-U-4 BROLSiM 2L-60 APPROVING FINAL FOR PAYMENT FOR SWAN LARE NEIGHBORHOOD PARK Item 8-V Park Director Blank recommended that after review of the Shiloh Park drainage ,study vcnducted by Barton Asehman 6 Associates, the Council direct staff on how they wish to proceed. The area was surveyed cind two t.eauea were considered in the study: 1) Is water runoff from the park property causing problems to private property? and 2; What problems relating to water flooding and damage are apparent Athin the pa:k. He stated that the Barton-Aschman study co„k;luded that drainage water is not affecting the abutting private properties. Ther" and several Low &vote within the par& property and the consultant Shiloh Park Drainage Study Item 8-W 0 p Regular Council Meeting October 7, 1991 Page 393 suggests either installing a drainage tile system or a storm drainage system. The cost for these proposals range from $27,000 to $61,000. Graham Norberg, 17120 28th Place North, stated the drainage problems trithin the park prGDerty have existed for a number of years. The path is always blocked with standing water when it rains. Hq supports installation of drain tile to address the problem. Charles Smith, 17125 28th Place North, stated that he was representing his abutting property owners. He stated that drainage from the park Ices not affect their properties. Trey don't support or oppose any action by the Council; however, they would view any future water problems on their property as a result of the City's actin to try to correct the exis-ing problen within the park. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to accept the report on drainage concerns at Shiloh Park, and t- fu.the--- consider the report during budget discuasions. Motion carrJed, fivA ayes. MOTION was made by Councilmembe.: Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-509 APPROVING THE INSTALLATION OF BRIDGES AT FOUR SEASONS AND FA7EI%DIN PARKS. Motion carried on a roll call vote, five ayes. Coordinator Dillerud stated that Jerry Theis, representinq Dundee Nursery, previously aadressed the City Council concerning current Plymouth Zoning Ordinance provisions regarding greenhouses and nuraeries. The Dundee Nurawry operation is located in the FRD Zoning rAstrict and is a Legal nonconforming use. He toxpressed concern with Lhe status of his business relationship to the Zoning Ordinance once urban zoning is assigned to his site. Mr. Theis obs_rvei that the Zoning Ordinance equires a Conditional Use Permit fta any +ales, BE69102ION 91 -til APPROVING INSTALLATION OF BRIDGES AT rom SEASONS AND fAZENDIN PARKS Item *8-X Definitions of Greenhouses and Nurseries in the Zoning Ordinance Item 8-Y 0 0 Regular Council Meeting October 7, 1991 Page 394 display or storage of materials or products cutsids the building. He also noted that any outside storage is required to be screened. The Council directed staff to develop definitions of nurseries and greenhouses for adoption in the Zoning Ordinance. Coordinator Dillerud presented the staff report on this 183ue. He suggested that a distinction betwc a "greenhouse", "nursery", and "garden center" may be appropriate within the definition section of the Zoning Ordinance. The new definitions could describh "greenhouse" as an enclosed building used for the growing of plants. Nursery" could include the sale of plants grown on the site, but not within an enclosed structure. The te-m "garden center" cDuld include nurseries ani/or greenhouses but would allow sale of primarily items imported to the site. No outdoor storage would be permitted related to a nursery, but the growing of plant material onsite would not be defined as nutdooz storage or display. The outdoor storage and display functions of a "garden center" would continue to require a Conditional Use Permit. He stated that staff surveyed surrounding communities and learned that "garden centers" are substantially controlled in the urban setting. He suggested that the proposed definitions be remanded to the Planning Commission for public hearing. Jerry Theis, 16800 Highway 55, stated that he could not comment or, whether the propoced definitions are exactly as heed like them, but he supports holding a puLlic hearing on the proposed definitions. MOTION uas made by Councilmeirber Rickar, seconded by Councilmember Helliwell, to direct tLe Planning Commission to hold a public hearing on the proposed definition changes to the Zoning Ordinance. Motion carried, five ayes. 0 Regular Council Meeting October 7, 1991 Page 395 140TION was made by Councilmember Vasiliou, Report on Exterior seconded by Councilmember Zitur, to accept the Lighting Standards report on exterior lighting standards relating to Item S -Z public and private facilities. Motion carried, five ayes. Manager Willis stated a low bid in the amount of 288,723.05 waa submitted by Matt Bullock Construction for construction of Shiloh, Gleanloch, and 10ta Avenue neighborhood parks. The proposed 10th Avenue Park is bid at 134,735.80, and that portion of the project may be eligible for CDBG funding. If the bid award is made before the HRA holds a hearing on the matter, CDBG funding would not be eligible for the park construction. He recommended that the Council delay the bid award until the CDBG funding is considered and a recommendation is made by the HRA. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to defer award of bids for Shiloh, Gleanloch and 10th Avenue Parks, and to direct the HRA to hold a public hearing on the use of CDBG funds for construction of 10th Avenue Park. Motion carried, five ayes. MOTION was made by Ccuncilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-610 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGPTING - ROCKFORD ROAD PLAZA ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmemv%er Helliwell, to adopt RESOLUTION NO. 91-611 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, ROCKFORD ROAD PLAZA ADDITION. Motion carried on a roll call vote, fivo ayes. Bid Award for Shiloh, Gleanloch, and 10th Avenue Parks Item 8 -AA W$OLUTION 91-610 ACCEPT?NG PETITION AND ORDERING REPORT - STREET LIGHTING ROCKFORD ROAD PLAZA ADDN. Item *8 -BB Fz30LUTION_ 21-- 6 1 RECEIVING RLPORT AND ORDERING STREET LIGHTING, ROCKFORD ROAD PLAZA ADDITION Item *8 -BR 0 Regular Council Meeting October 7, 1991 Page 396 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-612 by Councilmember Vasiliou, to adopt RESOLUTION REDUCING NO. 91-612 REDUCING DEVELOPMENT BOND, CURTIS LAKE DEVELOPMENT BOND, ADDITION (90105). CURTIS LAKE ADDITION (90105) Motion carried on a roll call vote, five ayes. Item *8 -CC -1 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-613 by Councilmember Vasiliou, to adopt RESOLUTION REDUCING NO. 91-613 REDUCING DEVELOPMENT BOND, FAWN CREEK DEVELOPMENT BOND, ADDITION (90022). FAWN CREEK ADDITION (90022) Motion carried on a roll call vote, five ayes. Item *8 -CC -2 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-614 by Councilmember Vasiliou, to adopt RESOLUTION REDUCING NO. 91-614 REDUCING DEVELOPMENT BOND, OXBOW RIDGE DEVELOPMENT BOND, 2ND ADDITICN (90077). OXBOW RIDGE 2ND ADDITION (90077) Motion carried on a roll call vote, five ayes. Item *8 -CC -3 MOTION was made by Councilmember Zitur, seconded BESOLUTION 91-615 by Counc'lmember Vasiliou, to adopt RESOLUTION REDUCING NO. 91-615 REDUCING DEVELOPMENT BOND, BOULDER DEVELOPMENT BOND, CREST ADDITION (90095). BOULDER CREST ADDITION (90095) Motion carried on a roll call vote, five ayes. Item *8 -CC -4 MOTION was made by Councilmember Zitur, seconded RFsOLUTION_91-616 by Councilmember Vasiliou, to adopt RESOLUTION REDUCING N0. 91-616 REDUCING DEVELOPMENT BOND, CHURCHILL DEVELOPMENT BOND, FARMS ADDITION (90009). CHURCHILL FARMS ADDITION 1'90009) Motion carried on a roll call vote, five ayes. Item *8 -CC -5 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-611 by Councilmember Vasiliou, to adopt RESOLUTION CHANGE ORDER NO. NO. 91-617 APPROVING CHANGE ORDER NO. 1, PRIME 19 PROJECT NO. 111 WEST BUSINESS PARK - SANITARY SEWER REBUILD, CITY Item *8 -DD PROJECT NO. 111. Motion carried on a roll call vote, five ayes. Coordinator Dillerud stated a permit application Ordinance has been received for installation of two establishing a advertising signs within the I-1 Zoning District Moratorium on for properties which are not adjacent to primary Advertising Sign or secondary arterials. It was staff's Permits understanding that the Zoning Ordinance would Item 8 -EE Regular Council Meeting October 7, 1991 Page 397 limit the placement of such signs exclusively to properties along State and Federal Highways (I- 494, Highway 55 and Highway 169). It appears that the Zoning Ordinance does not accomplish that. He recommended that the Council adopt an interim ordinance for a period of six months to permit a study to be conducted to determine the appropriate method of regulating advertising signs in the City. John Bodger, 109 Bushaway Road, Wayzata, represented Topline Outdoor Advertising. He stated that he applied for a permit on May 22 for installation on Xenium Lane at the railroad crossing. He did not object to the moratorium, but he has put considerable expense into the permit process. He stated the property was surveyed at the request of the Building Official, and he has leased property from the railroad since June. Mr. Bodger asked that his money be refunded or that the permit be processed and approved. He estimated his cost for surveying at about $21,000. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to refund the fees paid to the City if the permit application is withdrawn. SUBSTITUTE MOTION was made by Councilmember Ricker, to proceed with issuance of these two permits and to establish the moratorium on all other signs. Substitute motion .failed for lack of a second. SUBSTITUTE MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to refund the permit fees paid to the City and to pay the surveying fees up to $2,000 upon submittal of bills by the applicant. Councilmember Zitur stated he would not vote for refunding the fees until he has received a response from staff. SUBSTITUTE MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwull, to defer the consideration of permit fee and 0 Regular Council Meeting October 7, 1991 Page 398 surveying coat refund until the amount is requested by the applicant and staff provides a response. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt ORDINANCE NO. 91-31 INTERIM ORDINANCE FOR PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE CITY OF PLYMOUTH AND PERTAINING TO THE REGULATION OF ADVERTISING SIGNS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitt:r, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-618 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED PSSESSMENT, C.OtTNTY ROAD 9 /COUNTY ROaID 101 TRC14K WATERMAIN, CITY PROJECT NO. 012. Motion carried on a rol. call vote, five ayes MOTION was made by Counzilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-619 FOR HEARING ON PROPOSED ASSESSMENT, COUNTY ROAD 9/COUNTY ROAD 101 TRUNK WATZAMAIN, CITY PROJECT NO. 012. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-620 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 1991 STREET RECONSTRUCTION PROGRAM - PHASE I, CITY PROJECT NO. 102. Motion carried on a roll call vote, five ayes. ORDINANCE 91-31 INTERIM ORDINANCE ESTABLISHING MORATORIUM ON ISSUANCE OF PERMITS FOR ADVERTISING SICa S Item 8 -EE USOLUTION 91-618 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT, PROJECT NO. 012 Item *S -FF -1 U%5Q1dUON_2L-.61.,2. SETTING HEARING ON PROPOSED ASSESSMENT, PROJECT 012 Item *6 -FF -1 BE='jUQ1L1 -U& DECLARING COST TO BE ASSESSED AND ORDBRING ASSESSMENT, PROJECT NO. 102 Item *B -FF -2 MOTION was made by Councilmember Zitttr, seconded PZSQ=loN_I—L-Aa . by Councilmember Vasiliou, to adopt RESOLUTION SETT!NG ASSuSSMENT NO. 91-621. FOR HEARING ON PROPOSED ASSESSMENT. HEARING ON PROJECT 1991 STREET RECONSTRUCTION FROGRAM - PHASE I, NO. 102 CITY PROJECT Nu. 102. Item *8 -FF --2 Motion carried on a roll call vote, five ayes. 0 Regular Council Meeting October 7, 1991 Page 399 MOTION was made by Councilmember 7.1tur, seconded RESOLUTION 91- 2C2 by Councilmember Vasiliou, to adopt RESOLUTION DECLARING COST TO NO. 91-622 DECLARING COST TO BE ASSESSED AND BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ORDERING NORTHWEST TRUNK SANITARY SEWER, CITY PROJECT NO. PREPARATION OF p14. ASSESSMENT, PROJECT LO. 014 Motion carried on a roll call vote, five ayes. Item *8 -FF -3 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON NO. 91-623 FOR HEARING ON PROPOSED ASSESSMENT PROPOSED NORTHWEST TRUNK SANITARY SEWER, CITY PROJECT NO. ASSESSMENT, 014. PROJECT NO. 014 Item *8 -FF -3 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUT,=ON 91-624 by Councilmember Vasiliou, to adopt RESOLUTION DECLARING COST TO NO. 91-624 DECLARING COST TO BE ASSESSED AND FM ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ORDERING NORTHCENTRAL TRUNK SANITARY SEWER - PHASE I, CITY PREPARATION OF PROJECT NO. 015. ASSESSMENT FOR PROJECT NO. 015 Motion .parried on a roll call vote, five ayes. Item *8 -FF -4 MOTION was made by Councilmember Zitur, seconded RESOLUTION by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON N0. 91-625 FOR HEARING ON PROPOSED ASSESSMENT, ASSESSMENT, NORTHCENTRAL TRUNK SANITARY SEWER - PHASE I, CITY PROJECT NO. 015 PROJECT NO. 015. Item *8 -FF -4 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur. seconded UsaLUTZON 91-626, by Councilmember Vaoiliou, to adopt RESOLUTION APPROVING CHANGE NO. 91-626 APPROVING CHANGE ORDER N0. 2, ORDER NO. 2, NORTHCENTRAL TRUNK SANITARY SEWER, CITY PROJECT PROJECT NO. OL5 NO. 015. Item *8 -GG Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESJLUTZ4N 91-627 by Councilmember Vasiliou, to adopt RESOLUTION AUTHORIZING NO. 91-627 AUTHORIZING CONDEMNATION PROCEEDINGS# CONDEMNATION NORTHWEST -17 TRUNK SEWER, CITY PROJECT NO. 040. PROCEEDINGS FOR PROJECT NO. 040 Motion carried on a roll call vote, dive ayes. Item *8 -HH Regular Council Meeting October 1, 1991 Page 400 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-628 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED STUDIES, COUNTY ROAD 9 croak Vicksburg Lane to Highway 55. Motion carried on a roll call vote, five ayes. RE59LUTION 91-M REQUESTING HENNEPIN COUNTY DOT TO CONDUCT SPEED STUDIES Item *8-I1 MOTION was made by Councilmember Z:.tur, seconded RESOLUTION 91-fi-29 by Councilmember Vasiliou, to adopt RESOLUTION LAWFUL GALLING NO. 91-629 FINDING NO OBJECTION TO LAWFUL EXERTION FOR GAMBLING EXERTION FOR ZACHARY LANE PTA. ZACHARY LANE PTA Item *8 -KK M.,tion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, Er3QLUTLW 91-63.0 seconded by Mayor Bergman, to adopt RESOLUTION APPOINTING NO. 91-630 APPOINTING ELECTION JUDGES, directing ELECTION JUDGES staff that whenever possible City staff nemberfs Item *8 -LL relatives not be retained or names be rotated in order that ra many people as possible can serve. Motion carried on a roll call vote, five ayes. MOTION was made by Councllmember Zitur, seconded USQDVT-XON.$1--631 by Councilmember Vasiliou, to adopt RESOLUTION DESIGNATING NO. 91-6.i1 DESIGNATING GLEASON LAKE ELEMENTARY GLEASON LAKE SCHOOL AS THE POLLING LOCATION FOR PRECINCT 6. ELEMENTARY SCHOOL AS THE POLLING Motion carried on a roll call vote, five ayes. LOCATION FOR PRECINCT 6 Item *6 -MM MOTION was made by Councilmember Zitur, seconded ExSOLUTION- by Councilmember Vasiliou, :o adopt RESOLUTION DECLARING COSTS TO NO. 91.532 DECLARING COS': TO BE ASSESSED AND BE A.9SESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ORDLRING 1991 WEED ERADICATION AND DESTRUCTION, ROLL 1. ASSESSMENT FOR 1991 WEED Motion carried on a roll call vote, five ayes. ERADICATION, ROLL 1 Item *8 -NN 11 Regular Council Meeting October 7, 1991 Page 401 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-633 by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON NO. 91-633 FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR ASSESSMENT, 1991 WEED ERADICATION AND DESTRUCTION 11991 ERADICATION ROLL 1 ROLL 1. Item *8 -NN Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-634 by Councilmember Vasiliou, to adopt RESOLUTION DECLARING COST TO NO. 91-634 DECLARING COST TO BE ASSESSED AND BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSKENT FOR ORDERING 1991 TREE REMOVAL AND DESTRUCTION, ROLL 1. PR A TNFOF ES Motion carried on a roll call vote, five ayes. 1991 REMOVAL ROLL 1 Item *8 -NN MOTION was made by Councilmember Zitur, seconded KESnL•UTION 91-635 by Councilmember Vasiliou, to adopt RESOLUTION SETTING PUBLIC NO. 91-635 FOR PUBLIC HEARING ON PROPOSED HEARING ON ASSESSMENT, 1991 TREE REMOVAL AND DESTRUCTION ASSSESSSMENT## 1991. ROLL 1. E REMOVAL ROLL 1 Motion carried on a roll call vote, five ayes. Item *8 -NN Manager Willis reported on a meeting held with Northwest Blvd. residents along Northwest Blvd. regarding the road alignment and fence. He also reported that the Soo Line/Pineview Lane Pineview Lane railroad warning light improvements are underway. Railroad Am The meeting was adjourned at 10:30 p.m. City Clerk