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HomeMy WebLinkAboutCity Council Minutes 08-29-1994MINUTES REGULAR COUNCIL MEETING AUGUST 29, 1994 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on August 29, 1994. PRESENT: Mayor Tierney; Councilmembers Edson, Anderson, Morrison, Lymangood, Helliwell, and Granath. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Planning Supv. Senness, Park Director Blank, Attorneys Barnard and Nelson, and City Clerk Ahrens. ITEM 3-A FORUM; AIR CONDITIONER NOISE AT ST. PHILLIPS CHURCH Edwin L. Brunken, 17200 14th Avenue North, complained of excessive noise of the air conditioning unit at St. Phillips Church on County Road 6. He believes that two previous attempts to conduct tests to monitor the noise level of the air conditioning unit were not done correctly, and the noise affects the quality of his home ownership in the City. He stated there was previously an agreement with the church that the equipment would not be operated after 10:30 p.m., but the church only complied for about a week. The sound gets louder at the end of each air conditioning cycle, and the air conditioner is run only at night to take advantage of the lesser rates. He asked that the Council take action to abate this noise which he believes is a public nuisance. Manager Johnson stated that the City has held several meetings on this issue and coordinated the noise tests in conjunction with the State. Those tests determined that the noise level was not excessive by legal standards. He stated that staff has not received complaints in the last month or so on this issue, and he suggested that staff provide a report on the issue. Councilmember Helliwell recalled that the City had intended to run additional tests on the noise level this year, and a meeting would be held with staff, the church, and Mr. Brunken. Mr. Brunken stated that the noise is a public nuisance, even if it does not exceed the legal noise standards. Regular Council Meeting August 29, 1994 Page 2 ITEM 4-A FIREFIGHTER SERVICE AWARD Fire Chief Mine commended retired firefighter James Nolting on 25 years of active service with the Plymouth Fire Department and presented him with a plaque of appreciation. ITEM 5 APPROVE AGENDA Mayor Tierney requested addition of an item relating to the City Council Transit Subcommittee. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the agenda with the addition requested by Mayor Tierney. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA Manager Johnson stated that Item 6-0 has been revised to include language suggested by Councilmember Lymangood. The item remained on the Consent Agenda. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to approve the Consent Agenda. Motion carried, seven ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to approve the City Council minutes of the August 22, 1994, Special Meeting; the August 15, 1994, Regular Meeting; the June 20, 1994, Regular Meeting; and the June 20, 1994, Study Session. Motion carried, seven ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-492 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 19, 1994. Motion carried, seven ayes. Regular Council Meeting August 29, 1994 Page 3 ITEM 6-C EVERGREEN COMMUNITY CHURCH. CONDITIONAL USE PERMIT (94082) MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-493 APPROVING CONDITIONAL USE PERMIT FOR THE EVERGREEN COMMUNITY CHURCH LOCATED AT 305 VICKSBURG LANE NORTH (94082). Motion carried, seven ayes. ITEM 6-D OPUS CORPORATION. PUD PRELIMINARY PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR ACRYLIC DESIGN ASSOC. (94084) MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-494 APPROVING A PUD PRELIMINARY PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR OPUS CORPORATION FOR PROPERTY LOCATED NORTH OF NATHAN LANE AND EAST OF TRENTON LANE (94084) (MPUD 89-1). Motion carried, seven ayes. ITEM 6-E SITE IMPROVEMENT PERFORMANCE AGREEMENT MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-495 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR PRIME BUILDERS INC., FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF TRENTON LANE AND 44TH AVENUE NORTH (93091). Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-496 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WEST SUBURBAN HEALTH CAMPUS JOINT VENTURE FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF HIGHWAY 55 AND I-494 (93068). Motion carried, seven ayes. Regular Council Meeting August 29, 1994 Page 4 MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-497 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR TOLL COMPANY FOR PROPERTY LOCATED AT 3005 NIAGARA LANE NORTH (93133). Motion carried, seven ayes. ITEM 6-F SITE IMPROVEMENT PERFORMANCE AGREEMENT RELEASES MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-498 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR GOFF HOMES FOR PROPERTY LOCATED AT 44TH AVENUE NORTH AND FERNBROOK LANE PHASE HI) (88019). Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-499 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR GOFF HOMES FOR PROPERTY LOCATED AT 44TH AVENUE NORTH AND FERNBROOK LANE PHASE H) (88019). Motion carried, seven ayes. ITEM 6-G CONSULTANT SERVICES FOR LAND USE INVENTORY/GIS PROJECT MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-500 APPROVING ADDITIONAL CONSULTANT SERVICES FOR A LAND USE INVENTORY/GEOGRAPHIC INFORMATION SYSTEM (GIS). Motion carried, seven ayes. ITEM 6-H CHANGE ORDER NO. 3 AND 4, WELL NO. 11 PUMPING FACILITY. PROJECT 909 MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-501 APPROVING CHANGE ORDER NO. 3 AND 4, WELL NO. 11- PUMPING FACILITIES, CITY PROJECT NO. 909. Motion carried, seven ayes. Regular Council Meeting August 29, 1994 Page 5 ITEM 6-I WAYZATA-PLYMOUTH AUTOMATIC MUTUAL AID - FIRE MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to authorize implementation of automatic mutual aid response agreement between the Plymouth and Wayzata Fire Departments. Motion carried, seven ayes. ITEM 64 APPROVE CADET GRANT EXTENSION MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-502 APPROVING CADET GRANT EXTENSION. Motion carried, seven ayes. ITEM 6-K AUTHORIZE APPEAL OF FREEMAN CASE MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-503 AUTHORIZING APPEAL OF FREEMAN CASE. Motion carried, seven ayes. ITEM 6-L ESTABLISH MEETING WITH HENNEPIN COUNTY LIBRARY BOARD MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-504 ESTABLISHING MEETING DATE WITH HENNEPIN COUNTY LIBRARY BOARD. Motion carried, seven ayes. ITEM 6-M APPROVE HENNEPIN PARKS ACQUISITION OF LUCE LINE TRAIL RIGHT-OF-WAY MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-505 APPROVAL FOR HENNEPIN PARKS TO PURCHASE TRAIL EASEMENT FROM THE CHICAGO NORTHWESTERN RAILROAD. Motion carried, seven ayes. Regular Council Meeting August 29, 1994 Page 6 ITEM 6-N REJECTION OF BID - HEATHER RUN/SEVEN PONDS MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-506 REJECTING BIDS ON SEVEN PONDS/HEATIIER RUN NEIGHBORHOOD PARK. Motion carried, seven ayes. ITEM 6-0 DIRECTION TO CITY BOARDS, COMMITTEES, COMMISSIONS MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-507 PROVIDING DIRECTION TO PLYMOUTH'S BOARDS, COMMITTEES, AND COMMISSIONS. Motion carried, seven ayes. ITEM 6-P TABLE DISCUSSION OF ICE FISHING REGULATIONS MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-508 TABLE DISCUSSION OF ICE FISHING REGULATIONS UNTIL SEPTEMBER 19, 1994. Motion carried, seven ayes. ITEM 6-0 REPORT FROM WATER QUALITY COMMITTEE ON REVISIONS TO EROSION CONTROL POLICY MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to direct staff to review the recommended changes to the Erosion Control Policy as proposed by the Water Quality Committee at their June 7, 1994, meeting, to review the entire policy, and to report back to the Council in December with recommended changes. Motion carried, seven ayes. ITEM 7-A OLYMPIC STEEL INC. REQUEST FOR $6 MILLION INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING Community Development Director Hurlburt introduced the request of Olympic Steel, Inc., for $6,000,000 of industrial development revenue bond financing. She stated that Olympic Steel is currently located at 625 Xenium Lane. The company proposes to build a new 112,600 sq. ft. building on a 7.3 acre site on 15th Avenue North. She stated the City previously approved the site plan for this project. Regular Council Meeting August 29, 1994 Page 7 Industrial revenue bonds are payable solely from the revenues provided by Olympic Steel and are not an obligation of the City. Mayor Tierney opened the public hearing at 7:25 p.m Brad Miller, 1415 Sycamore Lane, stated the neighbors were unaware of this project until development of the property began. He questioned the proposed berming and storm water pond locations, and requested that a berm be constructed along the parking area to provide a buffer for the homes along Sycamore Lane. He noted concerns about future noise from the increased train traffic, and stated the project will have negative impacts on the abutting residential neighborhood. Jerry James, General Manager of Olympic Steel, reassured Mr. Miller that Olympic Steel is a "good neighbor", and he invited area residents to visit the current facility. He stated that the train traffic will be during the normal business day. Community Development Director Hurlburt stated that it is unlikely a berm can be added to the southeast area of the site, and she stated the berm was not discussed with the company. The Olympic Steel project met all code requirements. She explained that only the variance request required notice to abutting property owners, and all property owners within 100 ft. of the property were noticed of the variance request. Councilmember Granath stated he has been supportive of the Olympic Steel expansion, partly because the company has been responsive to citizen concerns. He is willing to meet with Olympic Steel representatives and residents to discuss the issue. Mayor Tierney suggested that the Council could consider expanding the distance for notice requirements in the future. Mr. Miller stated that not all properties within 100 ft. of the Olympic Steel property were notified of the variance request. Wade Borg, 1430 Sycamore Lane, stated that he did not receive notice of the variance request. Mayor Tierney closed the hearing. Regular Council Meeting August 29, 1994 Page 8 MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-510 GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF OLYMPIC STEEL, INC., AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; AUTHORIZING SUBMISSION OF THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS. Motion carried, seven ayes. ITEM S-A ABINGDON DEVELOPMENT CORPORATION FOR THE SHORES OF KRAETZ LAKE (94063) Community Development Director Hurlburt explained the request of Abingdon Development Corporation for preliminary plat approval for The Shores of Kraetz Lake. The plat would provide for the development of 17 single family lots and includes a variance for excessive cul-de-sac length. The history of development in this area and the proposed cul-de-sac length were discussed by the Council at the August 1 meeting. Director Hurlburt explained that this 18 acre site is surrounded by several other subdivisions, and the Council had asked why other access points were not added to this site that resulted in a lengthy cul-de-sac of over 1,800 ft. There was some concern that the property owner had perhaps opposed other developments in the area that would have provided him with other access points and thus making this excessive cul-de-sac length necessary. She stated that there were discussions over time of providing access across this property which was opposed by the property owner and other abutting developers. Staff believes that the result of having only one access to the property today is not solely the result of objections of the current property owner and it is not self-imposed. Director Hurlburt stated the there are several standards to be considered for the requested variance: 1) That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land; 2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Planning Commission felt that the variance application meets the first two standards. The staff believes that the third criteria is also met. Regular Council Meeting August 29, 1994 Page 9 Mayor Tierney stated that only 17 lots are proposed on 18.3 acres which is much lower than the allowable density. Director Hurlburt stated the lot sizes are compatible with the surrounding neighborhoods. The low density results from the developer's desire for larger lots, the wetlands, and lot configuration. Mayor Tierney asked the length of the cul-de-sac in the adjacent development. She also questioned the width of the proposed roadway and the distance from the lake. Director Hurlburt responded the adjacent cul-de-sac is about 1,200 ft. in length. The street proposed in The Shores of Kraetz Lake is a standard 32 ft. width. Greg Frank, McCombs -Frank -Roos Associates, represented Abingdon Development Corporation. He stated the DNR asked that the roadway be no closer to the lake than the existing driveway. Mayor Tierney asked if the street could be constructed at a narrower width in order to move it further from the lake. Mr. Frank responded yes. He said that the street could also be offset from the center point to accomplish the same thing. He stated that this proposal is a reasonable use of the property in this neighborhood, and surrounding lots typically meet the R-2 District standards. This development would be in accordance with the R-1 District standards, and no other variances are being requested. Mayor Tierney stated that it appears there has been Council action on abutting developments that has resulted in this property having a single access. She believes that safety is accomplished by the trail along the rear, and her only concern with the proposed development is moving the roadway further from the lake to avoid runoff. Councilmember Granath indicated his opposition to approving this request because of the excessive cul-de-sac length. He stated that the City should either maintain its standards or change them, and he believes it is possible for the developer to submit another plan that complies with the Code. He does not believe that an excessive cul-de-sac length is required because the site is limited to one access. Attorney Barnard stated the Council has been provided with a resolution to approve or to deny the preliminary plat request. In order to approve the preliminary plat, the Council must first vary the standards of the Subdivision Code and make affirmative findings on the three Variance standards outlined by staff. He stated the issue of whether inverse condemnation would result through denial Regular Council Meeting August 29, 1994 Page 10 of this request was also raised during the initial Council discussion of this request. In his opinion, there is not a significant risk of that because the generally accepted standard for inverse condemnation is that the Council would have to be in the position of denying any use of the property. He stated the Council is only acting on this particular preliminary plat - not all proposed plats for use of the property. Mayor Tierney asked if development of the property would be possible using a 500 ft. cul-de-sac or a private street. Director Hurlburt stated that with a 500 ft. cul-de-sac, the number of lots would be reduced to perhaps only 3 to 5 homes. It would be challenging to propose a lot layout that could provide for a legal parcel for the existing home on the property. She stated the Council's most recent stand on private streets is that they are not permitted. Mayor Tierney stated that she believes this request meets all variance standards given that only 3 to 5 lots could be platted and the existing home may not be legally platted if the cul-de-sac is limited to 500 ft. Manger Johnson stated there may be other lot configurations that could reduce the cul-de-sac length. Councilmember Lymangood stated the City Attorney has indicated that the burden is on the property owner for meeting the variance requirements. Attorney Barnard verified that the Council must be provided proof of meeting the variance standards by the applicant in order to make an affirmative finding. Mr. Frank stated the applicant has provided documentation that he feels supports the request. He stated there is the opportunity to provide for health, safety, and welfare through the existing trail as an emergency access to the site. He believes the applicant has responded affirmatively to all three variance standards. Councilmember Edson stated his concern is the excessive length of the cul-de-sac. He believes that the proposed cul-de-sac length, combined with the length of the trail, is too long. This places too much burden on the City to maintain the trail in the winter to provide emergency access. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 94-510 DENYING PRELIMINARY PLAT AND VARIANCE FOR ABINGDON DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 1733019TH AVENUE NORTH (94063). Regular Council Meeting August 29, 1994 Page 11 MOTION to amend was made by Councilmember Edson, seconded by Councilmember Granath, to add a finding that the length of the cul-de-sac would be detrimental to public safety and welfare. Motion to amend: six ayes; Tierney nay. MOTION to amend was made by Councilmember Morrison, seconded by Councilmember Lymangood, to delete the finding that the property owner did not cooperate with regard to providing more than a single access to the property. Councilmember Morrison stated that whether or not the property owner cooperated in gaining additional access to the property is irrelevant, if the Council's action is based on the Subdivision Code variance standards. Motion to amend carried, seven ayes. Motion carried, six ayes; Tierney nay. Councilmember Morrison explained that she is not convinced that all configurations for development of this property have been explored. She may be more supportive of the request if it is proven that there is no way to develop the property within the City standards. ITEM 8-B INDEPENDENT SCHOOL DISTRICT 281 - ARMSTRONG HIGH SCHOOL (94061) Planning Supv. Senness presented the staff report on the request of Independent School District 281 for Site Plan Amendment, Conditional Use Permit and Variance for a new athletic/physical education complex located at 10635 36th Avenue North, Armstrong High School. She stated that the Planning Commission recommended approval of the requests on a 5-1 vote. Key issues raised by residents at the public hearing were traffic and parking, drainage and pond issues, loss of vegetation associated with the construction of an 8' fence, noise, real estate values, access to and from the sites for students, use of the site during non -school hours, and public input and review of the proposal. Conditions in the resolutions address many of these concerns. The proposed resolution includes creation of a District, neighborhood, city committee to work out the details of a traffic control plan, including appropriate signage for the area. The resolution also provides that the District would have to return to the Council for approval if the number of games was increased from that specified in the resolution. She stated that the District has maintained that these athletic facilities would not be shared. Residents wanted more assurance that the facility would not be used by Cooper and suggested that the Council add a condition to the resolution requiring no change to Regular Council Meeting August 29, 1994 Page 12 the Conditional Use Permit for five years. Staff does not believe this condition would be enforceable. R. Whitey Johnson, 4148 Winnetka Avenue North, New Hope, represented School District 281. He is the Project Director for the proposed construction of the facilities at Cooper and Armstrong High Schools. He said many meetings have been held with the City, public, and watershed districts. The District agrees with the 19 proposed conditions in the resolution and believes that the residents' concerns have been addressed. He stated that the proposed 2,500 capacity is at - best average in this conference, and the District would like a capacity to seat the entire student body. He said the District is willing to cooperate with the City and to change the existing signage to read "No Event Parking". Mr. Johnson stated there is not an intent to have Cooper High School use the proposed Armstrong High School facility, with the exception of a scheduled event between the two schools. He stated that if the City of New Hope denies the variance request to upgrade the Cooper facilities, students will use the existing facilities. He stated that with an upgraded facility, he believes the maintenance of the grounds and building will be improved. The District would consider a standard to remove graffiti within a specific number of days and security will be added through additional lighting. He introduced Roy Anderson and Dan Johnson, from the firm of Anderson and Johnson. Roy Anderson, Anderson and Johnson Assoc., 7575 Golden Valley Road, 4250, stated they are consultants for the school district. There will be a fence and retaining wall at the south end of the football complex. The retaining wall was needed to retain the grade. Residents requested that the wall be moved closer to the track so that public access to the track can be maintained and this has been done. A public corridor will also be maintained on the east side of the facility. He explained that 80 ft. towers are necessary to get uniform lighting on the field. This is a minimum necessary height, and many facilities have 100 to 110' towers on a football complex. The press box is located 300' north of 34th Avenue, and it will be unlikely that abutting residents would be able to see it due to the height of the existing trees. Dan Johnson, Anderson/Johnson Associates, 7575 Golden Valley Road, #250, addressed the proposed NURP Pond. He explained that the pond will be located on the north edge of the tree line, centered on the school building. The option to locate the pond further south would have resulted in the significant loss of trees, and the grade is too steep to extend the storm water discharge to the southwest portion of the site. The installation of two grid chambers will further upgrade the storm water drainage from the site by treating water running from the parking lot. Regular Council Meeting August 29, 1994 Page 13 Ellie Singer, 10115 29th Avenue North, stated she lives six blocks from the high school and has two sons who will be using the facility. She believes the complex will benefit school pride and urged the Council to support the request. Linda Oja, 10415 34th Avenue North, stated she is speaking only on her own behalf - not for her neighborhood. She stated her first choice would be not to build the project, but the project is beyond that stage. She requested that the Council amend Condition 7 of the proposed resolution to establish a time limit on waste storage on the site, and amend Condition 11 to prohibit Cooper students from using the facility. She supported Condition 19 relating to temporary fencing. Ms. Oja asked that additional conditions be considered which would prohibit use of the lighting and press box for non -school activities because it is intrusive to the neighbors. She also asked that additional trees be planted along 36th Avenue and that the school district address methods to control vandalism. She suggested that vandalism be taken care of by the school district within a week to 10 days. Park Director Blank stated that the City has never had an occasion to a football facility for a community program, but there could possibly be a community event where it would be needed in the fixture. Whitey Johnson stated that the school district has discussed and will consider the addition of trees along 3 6th Avenue along the northern most portion of the property. He does not have authority to designate a length of time in which graffiti must be removed from school property, but he stated that there are new removal methods that will result in a quicker response. He stated that the School District Plan designates that waste will be cleaned up by 11 a.m. the day following a major event at the facility. Mayor Tierney asked how binding the Management Plan is with respect to preventing Cooper students from using the Armstrong facility on a regular basis. Mr. Johnson stated that this is not proposed by the school district. Manager Johnson stated that compliance with the Management Plan is a condition of the approving resolution. The resolution designates the number of games that are allowed at the facility each year. Mayor Tierney asked if the number of designated events is sufficient to accommodate Armstrong students now and in the future. Mr. Johnson stated the number of games would only increase if the conference were expanded or more games were allowed under the State High School Association rules. Regular Council Meeting August 29, 1994 Page 14 Director Hurlburt stated that an increase in the number of games at the facility would require an amendment of the Conditional Use Permit and a full public hearing process. Mayor Tierney expressed concern that the designated number may not be sufficient for fixture years. Director Hurlburt stated the Council could designated "home football/soccer games for Armstrong High School", rather than a specified number of games. Councilmember Helliwell asked if the existing graffiti on the dugout has been removed. Mr. Johnson stated the dugout is painted in order to remove graffiti at the beginning of each season. Under the new plan, that field will be moved to the northern corner of the site which he believes will reduce graffiti. The facility will not be used for varsity baseball, as all varsity and junior varsity games are played at the New Hope 49th Avenue facility. Mr. Johnson stated that the District could consider security fencing around the baseball facility, but the field would then not be available for public use. The District has attempted to maintain public use of the baseball field and track for the public. However, if vandalism cannot be controlled, the District may have to secure those areas. Councilmember Lymangood commended the cooperation that has taken place between the School District, City, and neighbors in addressing this request and negotiating resolutions to concerns. He contrasted this with the recent School District requests for Cooper High School in the City of New Hope. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-511 APPROVING SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE FOR INDEPENDENT SCHOOL DISTRICT 281 FOR ARMSTRONG HIGH SCHOOL ATHLETIC/PHYSICAL EDUCATION COMPLEX LOCATED AT 10635 36TH AVENUE NORTH (94061). MOTION to amend was made by Mayor Tierney, to stated that the facility would be used only for "home football and soccer games" rather than a designated number of games, that the press box shall not be available for regular City park and recreation use, and that additional trees shall be planted for screening along 36th Avenue. Motion failed for lack of a second. Regular Council Meeting August 29, 1994 Page 15 Councilmember Granath stated this is an example of cooperation between govermnental agencies. He believes that the New Hope City Council tabling of the Cooper facility request to October 10 shows lack of vision for the future. Motion carried, seven ayes. Mayor Tierney stated that she would not favor a future request to allow Cooper High School use of the Armstrong facility. Councilmember Lymangood stated he would also have a concern about allowing Cooper High School use of the Armstrong facility. He noted that a public hearing would be required if that request were made. Staff has indicated that the specific condition to prohibit Cooper students use of the facility cannot be added to the resolution because it would not be binding on fixture Councils. Councilmember Edson stated that he would not favor a joint field with Cooper at the Armstrong site. The Armstrong site is not located in an area that can handle the amount of traffic that Mielke Field could. Keith Moberg, 4715 Golden Valley Road, School Board Chair for School District 281, thanked Council for their support of this proposal and the cooperation of the City staff and neighbors. Mayor Tierney called a break at 9:10 p.m. ITEM 8-C DISCUSSION REGARDING COMMERCIAL DESIGNATION OF PROPERTY LOCATED AT 22ND AVENUE AND VICKSBURG LANE PARKERS LAKE 5TH ADDITION) Community Development Director Hurlburt stated that on July 11, 1994, the City Council held a public hearing on a liquor license application at 22nd Avenue and Vicksburg Lane in the Parkers Lake PUD. The Council denied the liquor license and directed staff to investigate what uses were allowed on the site and what it would take to change the commercial designation of the site. Director Hurlburt stated the first concept plan for the Parkers Lake PUD was approved in 1977 and amended in 1983. The concept plan included a commercial site at 22nd Avenue and Vicksburg Lane; and in 1988, a 26,000 sq. ft. neighborhood center in two structures was approved. It would allow all uses in the B-2 District including a gasoline service station. She stated that the size of the site and the buildings clearly meet the standards for commercial facilities. The commercial area has not yet been built, but the single family and townhouse units that surround the site have been constructed. A bean and landscaping has been Regular Council Meeting August 29, 1994 Page 16 installed and setbacks have been provided as a buffer for this proposed commercial development. She stated that because this is in a PUD, the City has additional criteria to consider when reviewing commercial buildings, such as the architectural style and compatibility and appearance of the buildings with the surrounding area. Staff has not received a site plan for the commercial use. She stated that the City Attorney was asked to review this situation with respect to the legal status of the property and potential legal risk of amending the commercial area. The Attorney has indicated that any unilateral change by the City would involve significant litigation risk, and staff is recommending no change to the Parkers Lake PUD at this time. She stated that all residents who spoke at the liquor license hearing were notified of this meeting. Attorney Bruce Malkerson, 3200 Piper Jaffrey Tower, Minneapolis, represented the City of Minneapolis and MCDA. He introduced Kim Marie Plazy of the MCDA. He stated that they concur with the staff report on the history and prior approvals received on the property. They believe that the PUD and zoning should remain as is, and he submitted a letter outlining that position. Scott McWilliams, 16005 22nd Place North, stated there is potential for residential use of this site. It is in the middle of a residential area and there are strip malls to the south and north of this area. He stated that additional commercial development is not needed. Councilmember Helliwell stated that many strip malls contain a gas station, and she does not believe a gas station is appropriate for this dense residential area. It is her understanding that a PUD can be changed to fit the needs of the neighborhood as it develops. Director Hurlburt responded that PUD's are flexible and many amendments to PUD's are considered as an area develops. The issue is how those amendments get initiated. Usually, the property owner requests a PUD amendment. It is a different situation if the City unilaterally changes the PUD over the objection of the property owner. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to accept the staff report and to make no change in the Parkers Lake MPUD 83-1. Councilmember Granath requested a response to the comment in the August 8 letter to the Council that "we have not been able to find any conditional use permit", and "Can one apply the one year performance limitation when, in fact, one Regular Council Meeting August 29, 1994 Page 17 was not issued." He also informed Mr. Malkerson that there were a significant number of area residents who objected to commercial use on this site. Attorney Barnard stated it depends on how the procedural history and events are interpreted. Councilmember Helliwell stated that she will support making no change to the Parkers Lake MPUD 83-1 as recommended by staff because the property owner does not want a change. However, she will not favor a future proposal for gasoline stations or liquor establishments on this site. Mr. Malkerson stated that he has not implied or expressed an intent to sue the City with respect to this issue regardless of what action is taken by the Council. Motion carried, seven ayes. ITEM 8-D BOARD AND COMMISSION APPOINTMENTS Clerk Ahrens presented the staff report on board and commission vacancies. Councilmember Granath stated he would prefer to advertise for applicants to fill the Planning Commission vacancy. Councilmember Helliwell agreed and stated that of the three candidates, only one selected the Planning Commission as a top priority. Councilmember Anderson stated the Planning Commission is currently overburdened with work and this is only a six month appointment. He does not believe it would be a benefit to delay the decision. He has spoken with Mr. Preus, one of the applicants, who indicated he would be willing to serve for at least six months. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-512 APPOINTMENT TO PLANNING COMMISSION, appointing Christian Preus to a term expiring January 31, 1995. Motion carried: Edson, Anderson, Morrison, and Tierney ayes; Lymangood, Helliwell, and Granath nays. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to adopt RESOLUTION 94-513 APPOINTMENT TO WAYZATA PLYMOUTH CHEMICAL HEALTH COMMISSION, appointing Miles Thompson. Regular Council Meeting August 29, 1994 Page 18 Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to adopt RESOLUTION 94-514 APPOINTMENT TO SCHOOL DISTRICT 284 COMMUNITY ADVISORY COUNCIL, appointing Mary Bisek to a term expiring July 1, 1996. Motion carried, seven ayes. ITEM 8-E REQUEST OF ADDITIONAL FUNDS TO COMPLETE FIELD VERIFICATION OF ALL WETLANDS IN THE CITY Planning Supv. Senness presented the staff report and recommended that the Council approve an amended consultant contract with Dahlgren, Shardlow and Uban, Inc., to provide technical and professional services needed to complete field verification of all wetlands in the City at an additional cost not to exceed $50,900, as recommended by the Planning Commission. Mayor Tierney asked the current amount of the contract. Supv. Senness said the current contract is about $66,000. Over half of this amount is for the wetland inventory. Councilmember Lymangood stated that considering the additional work would result in only a one month delay toward adoption of a wetlands ordinance, he will support the request. Also, the majority of the work will be needed later and it will be less expensive to do the work in conjunction with the original contract. Councilmember Anderson asked the amount that would be saved by doing the additional work now. Supv. Senness stated she did not know, but one of the other benefits of doing it now is consistency because all of the wetlands would be viewed and rated by the same consultant. Councilmember Anderson stated that the proposed wetland ordinance deals with future development, and this would be addressing existing development. He stated the Council has not addressed the retroactive application of the ordinance to existing developments. He is interested in staying on schedule and having a wetland ordinance adopted by fall. Regular Council Meeting August 29, 1994 Page 19 Councilmember Edson stated that the Planning Commission is also considering how the wetland ordinance may effect an existing home that requests an addition or a deck. That would also be considered future development. He will support the additional work since it will cause only a one month delay. Councilmember Morrison stated that she will support the additional work because it will be needed later. Councilmember Helliwell stated she wants no further delay. Supv. Senness stated that initially, the inventory was not considered along with the work. At the first public hearing, residents asked a number of questions that indicated the need for a complete inventory. It was later learned that an inventory would also be needed for the overall Water Management Plan, so funding could be available from the Storm Water Utility Funds. Councilmember Granath stated he wants no further delay, and he is not satisfied that the City needs to spend this amount of money at this point in the development of the ordinance. MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to adopt RESOLUTION 94-515 APPROVING AN AMENDED CONSULTANT AGREEMENT, WETLAND INVENTORY AND ORDINANCE. Motion carried: Edson, Morrison, Lymangood, Tierney ayes; Anderson, Helliwell, and Granath nays. ITEM 8-F TRANSIT SUBCOMMITTEE Manager Johnson stated that staff has been discussing the transit system and preparing 6 month and 18 month proposed transit budgets. The proposed budgets will be available in about a month, and a meeting of the Transit Subcommittee will be called at that time. MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to adjourn the meeting at 10:01 p.m. Motion carried, seven ayes. City Clerk