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