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HomeMy WebLinkAboutCity Council Minutes 12-20-1993MINUTES REGULAR COUNCIL MEETING DECEMBER 20, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on December 20, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell and Tierney. Councilmember Vasiliou left the meeting at 10:00 p.m. ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Community Development Director Hurlburt, Public Works Director Moore, Public Safety Director Gerdes, Park Director Blank, Finance Director Hahn, Building Official Ryan, Park Superintendent Peterson, Property Management Coordinator Tabery, Associate Planner Keho, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A PRESENTATION - MAYOR KIM BERGMAN; COUNCILMEMBER MARIA VASILIOU Councilmember Edson announced that this will be the last Council meeting for Mayor Kim Bergman and Councilmember Maria Vasiliou. He thanked them on behalf of the Council for their service to the City and presented each with an engraved bowl. Mayor Bergman and Councilmember Vasiliou thanked family, friends, residents, and staff for the assistance they received while in office. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda. Motion carried, five ayes. ITEM 6 CONSENT AGENDA MOTION was made by Councihnember Edson, seconded by Councilmember Tierney, to approve the Consent Agenda. Council Minutes December 20, 1993 Page 2 Motion carried, five ayes. ITEM 6-A APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-782 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 10, 1993. Motion carried, five ayes. ITEM 6-B-1 APPROVE CIGARETTE LICENSES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-785 APPROVING 1994 CIGARETTE LICENSE APPLICATIONS. Motion carried, five ayes. ITEM 6-11-2 APPROVE AMUSEMENT LICENSES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-786 APPROVING 1994 AMUSEMENT LICENSES. Motion carried, five ayes. ITEM 6-B-3 APPROVE AMUSEMENT CENTER LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-787 APPROVING 1994 AMUSEMENT CENTER LICENSE. Motion carried, five ayes. ITEM 6-11-4 APPROVE GAS STATION LICENSES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-788 APPROVING GASOLINE SERVICE STATION LICENSES FOR 1994. Motion carried, five ayes. Council Minutes December 20, 1993 Page 3 ITEM 6-B-5 APPROVE KENNEL LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-789 APPROVING KENNEL LICENSE FOR 1994. Motion carried, five ayes. ITEM 6-B-6 APPROVE TARGET AND TRAP SHOOT LICENSE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-790 APPROVING TARGET AND TRAP SHOOT LICENSE FOR 1994. Motion carried, five ayes. ITEM 6-B-7 APPROVE TAXICAB AND TAXI DRIVER LICENSES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-791 APPROVING TAXICAB AND TAXI DRIVER LICENSES FOR 1994. Motion carried, five ayes. ITEM 6-C MINNEGASCO. RENEWAL OF AN AMENDMENT TO A PUD PLAN AND CUP (92049) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-792 RENEWAL OF AN AMENDED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR MINNEGASCO LOCATED AT 11525 51ST AVENUE NORTH (92049). Motion carried, five ayes. Council Minutes December 20, 1993 Page 4 ITEM 6-D RELEASE OF TREE PRESERVATION BOND FOR WEST SUBURBAN HEALTH CAMPUS (93059) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-793 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR WEST SUBURBAN HEALTH CAMPUS FOR PROPERTY LOCATED AT THE NE QUADRANT OF HIGHWAY 55 AND I-494. Motion carried, five ayes. ITEM 6-E REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENT CORP. (93058) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-794 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENT CORP. FOR PROPERTY LOCATED AT 14000 25TH AVENUE NORTH 93058). Motion carried, five ayes. ITEM 6-F DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-795 REDUCING DEVELOPMENT BOND, NORTHFORK ADDITION (89016). Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-796 REDUCING DEVELOPMENT BOND, FORSTER PRESERVE ADDITION (92090). Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-797 REDUCING DEVELOPMENT BOND, BASS LAKE TERRACE ADDITION (90050). Motion carried, five ayes. Council Minutes December 20, 1993 Page 5 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-798 REDUCING DEVELOPMENT BOND, ROCKFORD ESTATES ADDITION (93008). Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-799 REDUCING DEVELOPMENT BOND, ROCKFORD ROAD PLAZA (89014). Motion carried, five ayes. ITEM 6-G APPROVE CHANGE ORDERS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-800 APPROVING CHANGE ORDER NO. 1, 1993 SEAL COATING PROGRAM. Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-801 1993 STREET RECONSTRUCTION, CITY PROJECT NO. 301. Motion carried, five ayes. ITEM 6-H APPROVE PAYMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-802 REQUEST FOR PAYMENT NO. 2 AND FINAL, 1993 TRAIL IMPROVEMENTS, CITY PROJECT NO. 317. Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-803 REQUEST FOR PAYMENT NO. 1 AND FINAL, 1993 SEAL COAT PROGRAM. Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-804 REQUEST FOR PAYMENT NO. 5, 1993 STREET RECONSTRUCTION, CITY PROJECT NO. 301. Council Minutes December 20, 1993 Page 6 Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-805 REQUEST FOR PAYMENT NO. 9 AND FINAL, NORTHWEST BOULEVARD (54TH AVE. TO 55TH AVE.) CITY PROJECT NO. 106 - PHASE II). Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-806 REQUEST FOR FINAL PAYMENT NO. 14, CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECT NO. 017. Motion carried, five ayes. ITEM 6-I APPROVE INSTALLATION OF STOP SIGNS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-807 INSTALLATION OF STOP SIGNS. Motion carried, five ayes. ITEM 6-J ORDER STREET LIGHTING FOR FORSTER PRESERVE ADDITION MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-808 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - FORSTER PRESERVE. Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-809 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - FORSTER PRESERVE ADDITION. Motion carried, five ayes. Council Minutes December 20, 1993 Page 7 ITEM 6-K APPROVE WETLAND FILLING AND MITIGATION PLANS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-810 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR METROQUIP BUILDING. Motion carried, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-811 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR THE COUNTY ROAD 9 CONSTRUCTION, CITY PROJECT NO. 310. Motion carried, five ayes. ITEM 6-L ENGINEERING RATE INCREASE - BONESTROO, ROSENE ANDERLIK ASSOCIATES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-812 AMENDING ENGINEERING SERVICES AGREEMENT - BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. Motion carried, five ayes. ITEM 6-M ADMINISTRATION OF 1991 WETLAND CONSERVATION ACT PERMANENT RULES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-813 DESIGNATING THE LOCAL GOVERNMENT UNIT (LGU) FOR WETLAND ALTERATIONS AS REQUIRED BY THE WETLAND CONSERVATION ACT OF 1991. Motion carried, five ayes. ITEM 6-N AWARD BID, WELL NO. 11 PUMPING FACILITIES, PROJECT 909 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-814 AWARDING BID, PUMPING FACILITY NO. 11, CITY PROJECT NO. 909. Council Minutes December 20, 1993 Page 8 Motion carried, five ayes. ITEM 6-0 AMENDMENT WITH BARTON-ASHMAN FOR WEST MEDICINE LAKE PARK PLANNING SERVICES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-815 APPROVING CONTRACT AGREEMENT AMENDMENT FOR WEST MEDICINE LAKE PARK. Motion carried, five ayes. ITEM 6-P WEST MEDICINE LAKE PARK - AUTHORIZATION TO NEGOTIATE WITH PROPERTY OWNERS MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-816 AUTHORIZING THE NEGOTIATION FOR ACQUISITION OF PROPERTY. Motion carried, five ayes. ITEM 8-A CARLSON COMPANIES. CLARIFICATION OF ACTION TAKEN ON DECEMBER 6 The Council received a staff report indicating that on December 10, the Council considered Carlson Company's application for a Land Use Guide Plan Amendment, Rezoning, and General Development Plan for a proposed Sam's Club to be located at the southeast corner of Carlson Parkway and I-494. A motion to deny the applications was made, but failed on a 2-3 vote. Because approval would have required a 4/5 vote, it appears that a resolution to approve the development would also have failed. No additional motions in favor of the application were made, which was interpreted to be a denial of the application. On December 14, a letter was received from Robert Hoffman, attorney for the Carlson Company. The letter took the position that the application was not formally denied, and requests further consideration. Staff has contacted the residents who spoke at the December 6 meeting to inform them that the issue will be on the December 20 agenda. City Attorney Meller stated that Carlson Company has proposed that the Council accept a rezoning of the site upon the condition, contained in a deed restriction covenant, that the property only be used for a Sam's Club. He stated the City can enter into such a contract; however, this type of covenant would only be valid for 30 years and it is possible that it is not enforceable. Council Minutes December 20, 1993 Page 9 Councilmember Vasiliou stated the City has a covenant on the Hennepin County library site that is part of the purchase agreement which indicates that if the structure ceases to be a library, the site will revert to the City. She asked why in that case the covenant was recommended and how it is different from this situation. Attorney Meller stated that in that situation, the City owned the property. The City placed a covenant on the property as a party to the contract. In this case, the City has no ownership interest in the property. This fact could make the covenant more open to a challenge. Attorney Hoffman, representing Carlson Company, indicated that a covenant can be entered into and they realize that it could be only be for 30 years; however, they believe that is an extraordinary period of time. Mike Monson, 305 Harbor Lane, supported the project. Jerry Leinenger, 13624 5th Avenue North, stated the abutting neighbors object to the proposed Sam's Club project. Richard Stewart, 13910 Knollwood, Minnetonka, stated he had expressed his concerns about traffic and water drainage at the December 6 meeting. He stated that whatever project is constructed, his area will be directly impacted by the water drainage. Mayor Bergman noted that approval of this item requires a 4/5 vote. MOTION was made by Mayor Bergman, seconded by Councihnember Edson, to adopt: RESOLUTION 93-817 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CARLSON PARKWAY AND I-494 (93117); ORDINANCE 93-21 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE SOUTHEAST CORNER OF CARLSON PARKWAY AND I-494 93117); AND RESOLUTION 93-818 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CARLSON PARKWAY AND I-494 (93117), with all actions subject to approval of a covenant in a form acceptable to the City. Council Minutes December 20, 1993 Page 10 Mayor Bergman stated the Council has heard a lot of legitimate concerns from the neighbors, but this development would provide retail development that Plymouth lacks. The project offers tax base and employment, and the Council needs to vote on what is best for the community. Councilmember Vasiliou stated she was concerned about the previous reasons for denial of the request, particularly since the same reasons were used recently to approve the Rottlund request (i.e. Planning Commission recommendation, discomfort of the City Attorney, residents didn't want it). She stated that while there will be an impact on the residential area, Carlson Company has a good track record as a developer and owner. They will provide a good looking building and good management. She stated that she would not have supported a WalMart on the site, but believes Sam's Club is a good compromise. Councilmember Edson stated he supports the request. He stated the Sam's proposal will provide a greater setback from the residential homes than would a warehouse distribution center. He stated he is concerned about the aesthetics and noise for the area. Councilmember Tierney stated she voted against the request on legal grounds at the previous meeting. She stated she did not support a WalMart on the site. She expressed concerns about the proposed covenant and whether it could be enforced now and 30 years from now. Mr. Hoffman stated the covenant can only last for 30 years. After 30 years, the covenant will end. If there is some disruption of the business before the 30 year period ends, the site would revert to industrial zoning. He stated Carlson Company has agreed to enter into such a covenant. Councilmember Vasiliou asked if the covenant could be amended after it is entered into. Attorney Meller stated it would be a contractual arrangement and it would take both parties to amend it. Councilmember Vasiliou asked what could happen if Sam's decided to pursue another retail use on the site. Attorney Meller stated the covenant restricts the site to a Sam's. The property owners would have to request an amendment of the Council. The covenant stays with the site. He stated the covenant could set forth the type of operation of a Sam's, so they could not change the retail use but retain the company name. Council Minutes December 20, 1993 Page 1I Councilmember Tierney asked how frequently a covenant is used in other cities. She expressed concern because there is no history of the outcome of such a covenant. Community Development Director Hurlburt stated it is infrequent to tie a covenant with a zoning approval. MOTION carried on a roll call vote: Edson, Tierney, Vasiliou, Bergman ayes; Helliwell nay. ITEM 8-11 COMMERCIAL PROPERTY ASSOCIATES (REBECCA WOODS) 93121 Associate Planner Keho stated that the Planning Commission recommended approval of the Preliminary Plat and Variances for Commercial Property Associates for a five lot single family development on 5.9 acres located at 2220 County Road 101. At the public hearing, the property owner to the east was concerned that the house on Lot 4 would be too close to the lot line and asked if berming or landscaping could be placed behind the house. The Planning Commission recommended a variance for a 25 foot front yard setback for Lot 4 so that the home could be built closer to the street to provide a greater separation between the home and the property to the east. The applicant also agreed to modify the plat to allow additional right-of-way dedication for Highway 101. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 93-819 APPROVING PRELIMINARY PLAT AND VARIANCE FOR COMMERCIAL PROPERTY ASSOCIATES FOR REBECCA WOODS LOCATED AT 2220 COUNTY ROAD 101 93121). Motion carried on a roll call vote, five ayes. ITEM 8-C WETLAND FILLING AND MITIGATION PLAN FOR REBECCA WOODS ADDITION (93121) Public Works Director Moore presented the staff report on the wetland filling and mitigation plan for Rebecca Woods Addition (93121). The developer has avoided impacting the wetland except for an 850 square foot area that will be filled with the construction of the 22nd Avenue North cul-de-sac. The mitigation for the fill will take place on Outlot B and Lot 5, Block 1. Council Minutes December 20, 1993 Page 12 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-820 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR REBECCA WOODS. Motion carried on a roll call vote, five ayes. ITEM 8-D BATON CORPORATION. AMENDED RPUD PRELIMINARY PLAN AND CUP (92113) Community Development Director Hurlburt stated that staff was notified that a petition for an Environmental Assessment Worksheet (EAW) for the Baton Corporation project was filed with the Minnesota Environmental Quality Board EQB) on December 20, 1993. The effect of this petition is that the City may not give approvals for the project until such time as it is determined either than another EAW is not needed or until the environmental review process has been completed. She stated the EQB's rules provide that citizens can petition for an EAW on any project, and the Responsible Government Authority, in this case the City, must make a finding as to whether an EAW or an updated EAW is needed. She stated that on August 30, 1993, the Council adopted Resolution 93-501 declaring a finding of "no need" for an environmental impact statement, based on an EAW dated May, 1993 and amendment in August, 1993. There were fourteen conditions included in the EAW resolution. The EAW was based on a plan that showed a 6 to 8 foot wide walking trail between the end of the cul-de-sac to 36th Avenue North. As part of the further review of the project, the Planning Commission recommended that this trail be upgraded to 10 feet wide with pavement to serve as an emergency vehicle access. This upgraded trail was not addressed in the EAW. She stated the petitioners for the EAW contend that this change in the trail is a change in the plan that may affect the potential for significant adverse environmental impacts, and that a new EAW should be required. Director Hurlburt stated the Council has several options: 1) Deny the applications for project approval. The petition for a new EAW would be moot. 2) Request that the applicant extend the time frame for the City to act on his preliminary plat application and table the project to a future agenda. 3) Find that no new EAW is required. The project could then be approved as recommended by the Planning Commission. 4) Find that a new EAW is needed. If that decision is made, the Council should also deny the application for preliminary plat approval so there is no doubt that the Council has acted within the 120 days as provided by statute. Council Minutes December 20, 1993 Page 13 The applicant would be required to submit a new preliminary plat application when the new EAW is completed. Director Hurlburt stated that staff does not believe another EAW is needed as the issues addressed in the request for the EAW have been dealt with through the conditions in the previously adopted resolution regarding "no need" for an EIS. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to deny the petition and make the finding that no new EAW is required for the Baton project. Councilmember Helliwell questioned whether an EAW should be ordered because of issues related to the Shoreland Management District, Director Hurlburt stated that the petition for an EAW does not mention Shoreland Management District regulations. She stated that although the last EAW did not directly consider an emergency access road rather than a walking trail, the Planning Commission addressed this issue in its preliminary review of the project, as well as the Shoreland Management regulations. Associate Planner Keho stated that one of the findings of the previous EAW was that the proposed development extended into the Shoreland Management District area. The Planning Commission subsequently conducted a public hearing on this issue. Director Hurlburt stated the purpose of an EAW is to identify issues in order to determine whether an Environmental Impact Statement is needed. The Shoreland Management issue was identified as part of the last EAW and subsequently addressed by the Planning Commission. Motion carried on a roll call vote: four ayes; Helliwell nay. Associate Planner Keho presented the staff report on the request of Baton Corporation for Amended Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for a portion of the "Mission Partnership" RPUD located south of 41st Avenue North at Jonquil Lane. On December 8, the Planning Commission on a 4 to 2 vote recommended approval of the requests. He stated that three issues were discussed at the public hearing on this item: the storm water basin, the emergency trail location, and the length of the proposed cul-de- sac. Planner Keho stated the storm water basin issue related to the lack of information provided by the applicant. A letter received by the City on December 8, 1993, Council Minutes December 20, 1993 Page 14 from the Department of Natural Resources indicated that the plans were inadequate for their review. The letter states concern regarding mitigation measures for the storm water basin, maintenance of the basin, and the sizing of the basin. The City's Engineering Department also indicated that the plans need additional details for their review at the time of final plat review. The Planning Commission's recommendation for approval of the PUD Preliminary Plan/Plat requires the submittal of the additional details with the final plat. He stated that Planning Commissioners were concerned that issues raised at previous meetings regarding the grades for the trail, the exact location and the impact on the environment by the trail had not been addressed. The recommended for approval specifies width and paving standards for the trail, and that the design will be subject to approval by the City Engineer. He stated the Council's resolution establishing the mitigation measures required by the environmental review process included a condition that "the length of the cul-de-sac should be reviewed to determine if s shorter cul-de-sac would result in less environmental impacts while balancing the right of the property owners to develop this site". The developer did not provide a new plan in response to this condition, but stated that the variance was necessary to the project because shortening the cul-de-sac would reduce the development potential of the site. The developer also cited other cul-de-sacs that the City has approved that exceed 1,000 feet in length. Planner Keho stated residents commented that the owners of this property had been involved in earlier amendments to this PUD which removed other access points into this property. Therefore, they argued that it was action by the property owners that necessitated the excessive length of the cul-de-sac. A representative of Mission Partners showed several plans that had been approved for the site, and described the various cul-de-sac proposals including the original proposal that showed a street connecting 36th Avenue North to the area at 41st Avenue North. The Planning Commission's recommendation includes approval of the variance for the long cul-de-sac as proposed. He stated that during the public hearing, residents expressed concerns that enforcement of the private covenants to protect the wetlands and woodlands would not be adequate since it is up to the neighbors to enforce the covenants. Residents were also concerned that there was not adequate buildable area for homes on the lots abutting the wetlands in the northerly portion of the site. The applicant has indicated that all the lots proposed will contain a large enough building area for construction of a home. Flexibility within the Shoreland Overlay district was also discussed at the public hearing. The applicant indicated that since the bluff had been created when a sewer line was extended through the site, the bluff area is 2000 feet from Medicine Lake, and the length of the bluflline is only 100 feet. Only two lots are affected; therefore, he believed that flexibility in the Council Minutes December 20, 1993 Page 15 regulations was appropriate. The Planning Commission recommendation includes variances for those two lots. Planner Keho stated an additional item raised concerned the ultimate ownership of Outlot A and whether or not Outlot A could be used for this development. Staff researched this issue to determine what had previously been approved for Outlot A. In 1976, a Final Plat for Mission Ridge Second Addition was approved by the City Council. That Final Plat included Outlot A as it is currently platted. The approving Resolution for the Conditional Use Permit for the subdivision unit project and Preliminary Plat for the Mission Ridge Second Addition stated that The undeveloped area of Outlot A be used for a density credit for the more densely proposed development (Mission Ponds RPUD) to the west." The Resolution approving the Final Plat for Mission Ridge Second Addition did not specifically state what was to happen with Outlet A. The Development Contract with the Final Plat included the following stipulation regarding Outlot A: "Outlot A in this plat contains 6.53 acres. Of that amount 1.46 acres shall be preserved as open space in this plat pursuant to Subdivision Unit Project requirements. The balance of Outlot A (5.07 acres) shall be available for open space credit to a subsequent plat to the north. It is understood that the entire Outlot A shall remain in private ownership with responsibility; therefore, to reside with the developer until transferred to a City approved Homeowners Association". Planner Keho stated that in 1978, a Preliminary Plat for the "Mission Wood" condominium project was submitted for Outlot A and a portion of the land north of Outlot A. That plat included incorporation of the large portion of Outlot A adjacent to 36th Avenue North into the lot where the Mission Wood Condominiums were to be built. The narrow portion of Outlot A was shown divided into Outlots C through J. The Final Plat approved in 1979 stated that Outlets C through J were to be combined with the adjacent lots in Mission Ridge Second Addition. That Final Plat was never filed with Hennepin County, and subsequent PUD amendments have altered the allowed uses on this site. The resolutions approving that plat are no longer valid. Planner Keho described each of the four Concept Plans previously approved for this site. Tom Casey, attorney for French Woodlands and Wetlands, stated that the DNR has not approved the Shoreland Management District variances. He stated the City's Subdivision Ordinance indicates that the DNR approval shall be prior to the City Council approval, and this is supported by a State of Minnesota Rule that the Local Government Unit must wait to approve a preliminary plat until the DNR approves any Shoreland District variances. He provided a copy of a letter from the DNR. Mr. Casey stated it is premature for the City Council to act on the preliminary plat until the DNR approval is received. Council Minutes December 20, 1993 Page 16 City Attorney Meller stated it is his opinion that the "final approval" the DNR refers to in this letter could be the final plat approval, rather than the preliminary plat. He suggested that the Council could make its approval subject to DNR approval. Director Hurlburt stated that since Plymouth's Shoreland Management regulations have not been approved by the DNR, the City must use the DNR regulations. The DNR has indicated that they can do their review of the project after the City Council action. Mr. Casey stated that he objects to advice given by a staff member at the Planning Commission meeting, as he believes this may have tainted the Planning Commission vote. He stated that in Resolution 92-636 which the City Council previously approved, no yard variances are implied. He questioned whether the City complied with the Subdivision Code requirements with respect to the variances. Mr. Casey stated that it is his opinion that since the Council has not decided the cul-de-sac issue, it is not legally possible under the City Code to address the preliminary plat. Director Hurlburt stated that often the DNR will not review a plan or give its approval to a project until the City has taken action. In some situations, the City may not be interested in pursuing the project, and the DNR may not want to spend staff time reviewing a plan that the City may reject. Attorney Meller stated it is his opinion that, if desired, the City Council can approve the preliminary plat contingent on DNR approval. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to limit public comments on the Baton issue to three minutes per person. Motion carried; four ayes; Helliwell nay. Rita O'Donnell, 12105 41st Avenue North, stated that DNR Area Hydrologist Ceil Strauss told her that DNR approval is needed before the City Council votes at the preliminary plat stage. Ms. O'Donnell stated that the Audobon newsletter states that the City of Plymouth has a long history of being destructive to wetlands, and she believes the City is not being attentive to issues of water quality in this development. Ms. O'Donnell presented a chart showing the percentage reduction in pollutants post -development. She questioned whether the chart is accurate for this development proposal. Council Minutes December 20, 1993 Page 17 Councilmember Helliwell objected to the Council limiting debate on this issue. She stated there is a large interest in this issue and comments should not be limited. Ms. O'Donnell presented another chart showing typical detention pond performance. She stated this chart in Best Management Practices depicts this information as a range; whereas, the consultant for this project shows only the highest number. She stated the consultant's information is inaccurate for this development. The information is from a conceptual model and the percentage reductions are based on a two -cell storm water basins - not a one -cell basin as Baton proposes. She stated the high range numbers reflect only single family homes - not multi -family dwellings as proposed by Baton. In response to a question by Councilmember Helliwell, Ms. O'Donnell stated ranges would more accurately point out water quality post development. Bob Donley, 11740 38th Avenue North, stated he believes Lots 1 and 2 are unsuitable for development, and that Lots 3 and 4 are also unbuildable. He stated the developer has not adequately responded to Condition 14 of the resolution finding "no need" for an Environmental Assessment Worksheet regarding review of the cul-de-sac length and possible alternatives. Mr. Donley stated a shorter cul- de-sac would result in less removal of habitat, loss of trees, and would eliminate filling of a ravine. He stated this is a city-wide issue. Marlin Sjaarda, 11720 38th Avenue North, showed pictures of the area and stated that due to the steep grade, an emergency access would not be reasonable. He stated this proposed plan has many of the same elements of the 1990 and 1991 plans which were denied by the Council. He supported the reasons for denial as contained in the recommended resolution. Mr. Sjaarda protested the time limit placed by the City Council. He stated that residents who spoke at the September 22 Planning Commission meeting were intimidated by the Commission. At the subsequent Planning Commission meeting, residents were limited to five minutes, and now the City Council is again limiting public continent. Bridget Jodell, 10100 South Shore Drive, represented the Association of Medicine Lake citizens (AMLAC). She said water quality should have been addressed 30 years ago, and submitted a letter indicating that AMLAC is opposed to the proposed Baton development. Mike Ricci, 4095 Goldenrod Lane, stated the developer has not been responsive to the Council's condition that the cul-de-sac should be evaluated to determine whether a shorter cul-de-sac would have a lesser environmental impact. He stated there is no hardship that justifies the requested variance. Mr. Ricci believes that the developer did not respond to the condition to review the length of the cul-de- Council Minutes December 20, 1993 Page 18 sac because a shorter length will lessen his profit. He said the need for the variance was created by the developer's previous action. Mr. Ricci showed an alternate plan using the existing length of Jonquil Lane that would provide for five single family and eight multi -family dwellings. He asked that if the Council approves the request, residents be provided justification for the action. He stated the Minnesota Environmental Rights Act is being violated and approval could lead to legal action. He believes that fair and complete public hearings were not held on September 22 and December 8 as individuals were intimidated by the Planning Commission. He objected to the Council limiting residents' time to speak, as he had additional new information to present. Chuck Lymangood, 11780 40th Place North, cited the City's Zoning Ordinance which he said indicates that altered zoning standards may be allowed for a Planned Unit Development and with the following requirement - that the preliminary plan/plat shall be approved by the DNR with respect to portions in the Shoreland Management District prior to action by the City Council. Attorney Meller stated that final approval by the City Council would not occur until DNR approval is received. The applicant's preliminary plat approval would be contingent on DNR approval, and the final plat would not be considered until DNR approval was received. Mr. Lymangood stated the City received a letter dated December 8 from the DNR indicating that as discussed in an October 8 meeting with staff and the developer, the current plans are inadequate. He believes the developer has not responded to that issue. In addition, the applicant has not shown that flexibility from the Shoreland Overlay District PUD standards are warranted on the site. The project could be built with an alternate plan without the need for flexibility from the 30 foot bluff setback. Director Hurlburt stated that DNR Hydrologist Ceil Strauss stated in a meeting with staff that the DNR wanted the City to first act on the request for variance from the bluff line setback prior to DNR action. She stated the plans are adequate for the preliminary plat stage. Additional detailed information would be required for the final plat consideration. Mr. Lymangood objected to the time limit imposed by the City Council. Mr. Casey stated that Ceil Strauss had informed him that it is clear that the DNR approval is needed first. Council Minutes December 20, 1993 Page 19 Paul Fusco, P.O. Box 29321, Minneapolis, stated that how information is presented and analyzed can determine whether it is biased or accurate. He stated that this item is not being adequate time because the Council agenda is so lengthy. David Priebe, 3825 Forestview Lane, objected to the three minute time limit. He stated the public hearing process at the Planning Commission meeting was an insult, and he believes the vote was decided before the hearing was held. Mr. Priebe believes the City's zoning standards should be more firmly upheld, and he recommended that this request be denied. He stated a plan requiring no variances should be submitted to minimize the effects on the environment. Richard Zejdlik, 4055 Goldenrod Lane, the project petitioner, stated this project initiated as 103 units - now 28 units are proposed. He stated the Planning Commission believes this is a better plan than those previously proposed. Mr. Zejdlik stated the City has approved other cul-de-sac lengths that exceed this request. He stated that if the proposal provides for the public health and safety, he believes the excess length should be approved. He stated there would be a 50' outlot and a 40' covenant between yards, and there will probably be about 170' between houses. Mr. Zejdlik stated the five existing lots across the pond are not much larger than proposed Lots 1, 2, and 3 in this development. He stated the steep slope on this property was created when the storm sewer was installed several years ago. The consultant and engineer will address issues raised by the neighbors at the final plat stage, and the plan will have to conform with the 27 conditions of the preliminary plat resolution before the final plat is considered. Mr. Zejdlik stated the developer created the pond on the site from a former gravel pit and planted the trees. These were not pre-existing on the site. In response to a question by Councilmember Helliwell, Director Hurlburt stated the covenant would be recorded with the final plat and would be effective before any lots are sold. The covenant could be enforced by the homeowners association. Councilmember Tierney expressed concern that the applicant had not been responsive to the previously established condition to review the cul-de-sac length, and this may be a reason for denial of the request. Mr. Zejdlik stated a shorter cul-de-sac design would eliminate units. If there was a way to shorten the cul-de-sac with a similar number of units, he would propose it. Councilmember Tierney stated that if it is determined that the Shoreland Management District variance is to be completed by the preliminary plat rather than the final plat stage, that may also be a reason for denial. She stated that she did not believe another EAW was necessary and it would only further delay the ultimate decision of the Council. She would like to see a portion or all of this Council Minutes December 20, 1993 Page 20 property owned by Hennepin County Parks, and she would support a mediation process. Mr. Zejdlik stated there would be no advantage to him agreeing to a further delay of the project. The City Council still will have the opportunity to deny the project at the final plat stage. He stated that if the preliminary plat is approved, he would agree to participate in mediation. A five minute recess was held. Mr. Zejdlik offered to make a number of changes to the plan in order to gain Council approval. He stated that the proposed buildings on Lots 3 and 4, Block 3, could be eliminated. This would result in a shorter cul-de-sac length if the last lot was accessed by a private driveway. Councilmember Helliwell asked if such a change should be referred back to the Planning Commission for consideration. Director Hurlburt stated the Planning Commission requested that if the preliminary plat is approved by the City Council, the final plat be reviewed by the Planning Commission before Council consideration. She stated that the preliminary plat change proposed by Mr. Zejdlik would not need to be referred back to the Planning Commission because the applicant would be complying with a condition established by the Planning Commission. Mayor Bergman stated there have been many instances where the City approved a variance for excess cul-de-sac length. As long as the safety issues are addressed through an emergency access, he has no problem with the variance request. Councilmember Helliwell stated she does not believe this request is in accordance with the City's Zoning Ordinance standards. She stated Mr. Zejdlik has not considered options to reduce the cul-de-sac length, and she is uncomfortable given even preliminary plat approval due to these concerns and the number of conditions in the proposed resolution. She stated that the number of proposed conditions on the approval is an indication that this is not a good plan for this site. Councilmember Tierney asked if the preliminary plan would be in conformance with the ordinance standards if the two lots are deleted, as offered by the petitioner. Director Hurlburt stated the change would result in conformance with the bluff line setback; however, the water quality ponds would still be at issue. Council Minutes December 20, 1993 Page 21 Councilmember Vasiliou indicated she was ill and left the meeting at 10:00 p.m. Mr. Casey stated the proposed conservation easements would be difficult for the homeowner association to enforce. Councilmember Edson stated his concerns relate to cul-de-sac length, development of Lots 1 and 2, Block 1, with only a 10' rear yard setback from the wetlands, and lack of DNR approval. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-821 DENYING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR BATON CORPORATION FOR PROPERTY LOCATED SOUTHEAST OF LARCH LANE AND OLD ROCKFORD ROAD (92113). Motion carried: Edson, Helliwell, and Tierney ayes; Bergman nay. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-822 DENYING PRELIMINARY PLAT APPLICATION OF BATON CORPORATION FOR PROPERTY LOCATED SOUTHEAST OF LARCH LANE AND OLD ROCKFORD ROAD (92113). Motion carried: Edson, Helliwell, and Tierney ayes; Bergman nay ITEM 8-E DANIEL DEVELOPMENT CO. THE PONDS AT BASS CREEK 93106 Community Development Director Hurlburt stated the City received a petition for an Environmental Assessment Worksheet (EAW) for The Ponds at Bass Creek, which was filed with the Minnesota Environmental Quality Board on December 17, 1993. She stated the Council may not give approvals for the MPUD Concept Plan, Preliminary Plan/Plat, Conditional Use Permit, Thoroughfare Guide Plan Amendment and Wetland Mitigation Plan for this project until it is determined either that an EAW is not needed or until the environmental review process has been completed. She stated that an EAW was completed for a project on this site in 1988. This project included a total of 417 dwelling units. The City found that there was no need for an EIS, and that the proposed development did not present a potential for significant environmental effects. Compared to the plan now under review, the previous plan would have encroached on more wetland area. At that time, Type 1 Council Minutes December 20, 1993 Page 22 Wetlands were not protected, nor were best management practices and storm water treatment ponds required. The new plan shows more land to be dedicated to public park, and greatly improves on the previous plan for avoiding and protecting wetlands. She stated that while it appears that the present project may have less potential for environmental impacts than the 1988 plan, staff has not had sufficient time to review the evidence submitted by the petitioners. In order that staff can more thoroughly review and develop adequate findings of fact as required by the EQB rules, she recommended that the Council table the applications by Daniel Development to the January 3, 1994, regular meeting. This will cause some delay for the developer, requiring that they resubmit the wetland mitigation plan to comply with new rules that go into effect on January 1. Councilmember Edson stated the first meeting in January will be an organizational meeting for the new Council and suggested that the item be tabled to a later meeting. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to defer the request of Daniel Development Company for Mixed Planned Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit; and Thoroughfare Guide Plan Amendment for property located south of County Road 10 at Trenton Lane to January 24, 1994. Daniel Hunt, the petitioner, described the proposed development. He stated that the request for the EAW would not have been made if the property owners had correct information. Mr. Hunt stated he began meeting with the City staff last summer when the wetland replacement ratio was 1:1. As of January 1, that ratio will be increased. He requested that the Council vote that the EAW is not necessary and then make a decision on the development requests this evening. Mr. Hunt stated the previous development approval received was based on the prior EAW. This project has a significant reduction in density and less impact on the wetlands. He believes that the petition for an EAW does not present evidence to require another EAW. Councilmember Edson stated that the requests require a 4/5 approval of the City Council. It may not be fair to the neighbors or to the petitioner to act on the requests without a full Council. Greg Frank, McCombs Frank Roos Associates, showed the one acre area of wetlands that would be impacted by the proposed development. He stated this plan would be a significant reduction in impact to the wetlands from the plan approved in 1988. Council Minutes December 20, 1993 Page 23 In response to a question from Councilmember Tierney, Director Hurlburt explained that the wetland mitigation ratio will increase from 1:1 to 2:1 on January 1. She stated it is possible for the Council, if desired, to approve the wetland mitigation plan on a 1:1 replacement ratio and table consideration of the development requests to a January meeting. The proposed plat could then still be consistent with the interim rules and the 1:1 replacement ratio. SUBSTITUTE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to table the request of Daniel Development Company for Mixed Planned Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit, and a Thoroughfare Guide Plan Amendment for property located south of County Road 10 at Trenton Lane to January 3. Bob Kohns, 5560 Ximines Lane North, supported the development request. He stated this is a good developer and he wants to see a quality development on this site. Ken Wendinger, 5465 Orleans Lane #1, stated that one-third of the site is wetlands and development will destroy the balance of nature. He stated much of the animal habitat will be destroyed. He supported a delay in consideration of the project until an EAW is conducted, and he presented a petition in opposition to the Daniel Development proposal. Mr. Wendinger showed pictures of the existing wetlands that would be affected by development. He stated that citizens' attitude about wetlands has significantly changed since 1988, and that warrants another EAW. He stated Plymouth residents are more concerned about the environment and want changes to protect wetland areas. Allen Rubenstein, 5505 Orleans Lane #1, President of the Cardinal Ridge Homeowners Association, stated the developer has suggested a meeting with residents in the area. Councilmember Helliwell stated that even though this development proposal is less intense than the previous proposal, she would like to give staff an opportunity to provide a response on whether another EAW should be conducted. Motion to table carried, four ayes. ITEM 8-F WETLAND FILLING AND MITIGATION FOR "THE PONDS AT BASS CREEK ADDITION" (93106) Public Works Director Moore presented the staff report on the request for filling of wetlands and mitigation plan for The Ponds at Bass Creek. The report states that the wetlands impacted could not be avoided while still providing access to Council Minutes December 20, 1993 Page 24 significant building sites. He recommended that the approval be subject to the following conditions: 1) DNR Permit; 2) Army Corps. of Engineers Permit, 3) Shingle Creek Watershed Commission Permit; 4) City Council approval of the Preliminary Plat of The Ponds at Bass Creek; and 5) Any findings the Council makes if an EAW is undertaken be included in the wetland mitigation plan. Councilmember Helliwell asked if an EAW is conducted, would it require mitigation at a 2:1 replacement ratio? Director Moore stated an EAW only makes findings. It does not make mitigation recommendations. Councilmember Helliwell stated she would not be comfortable approving a mitigation plan without approval of the plan. MOTION was made by Councilmember Helliwell to table the request for filling of wetlands and mitigation plan for The Ponds at Bass Creek. Motion died for lack of a second. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-823 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR THE PONDS AT BASS CREEK, subject to the five conditions recommended by staff. Motion carried: Edson, Tierney, and Bergman ayes; Helliwell nay. ITEM 8-G S.T. & M. INC. RPUD CONCEPT PLAN AMENDMENT FOR WOODLANDS 3RD ADDITION (93128) Associate Planner Keho presented the staff report on the request of S. T. & M., Inc., for Residential Planned Unit Development Concept Plan Amendment for Woodlands Third Addition located north of Trenton Lane on 45th Avenue North. Several individuals who spoke at the Planning Commission meeting indicated they had purchased their homes knowing that the outlot could be developed with a multifamily building, but that the woods would be preserved as a buffer between their homes and the apartments. Concerns were also raised regarding water runoff and the impact on the wetlands. The Planning Commission recommended denial of the request noting that while the proposed development type appeared to be acceptable, the proximity of the units to the existing single family area and placement of some of the buildings in the wooded area would negatively impact the existing single family development. Council Minutes December 20, 1993 Page 25 Terry Schneider, 600 S. Highway 169, St. Louis Park, represented the applicant. He stated that compared to the plan submitted in 1987 for this site, this plan has significantly more open space and a storm water retention pond will be created on the site. Currently, the surface water from the existing single family homes runs through the site with no filtering. He stated the primary concern of residents at the Planning Commission meeting was their belief that they had a commitment to a 200' buffer area between the single family and multifamily buildings. He stated the developer does not believe that is reasonable and it would preclude the site from development. Mr. Schneider stated that complete wetland avoidance or 200' setback from the single family homes is not possible. He stated they are willing to consider elimination of four units on the southwest corner of the site, to increase the setback from 25' to over 80', and to preserve a significant portion of the woods along the side of the site. He stated they are willing to work with the City and want to do a quality development, but the project is not feasible under the new wetland replacement 2:1 ratio requirements that go into effect on January 1. Tom Gottwalt, 4620 Trenton Circle, stated that the original plan established the property owners expectations of what development would occur on the site. The woods were cited as a buffer between the single family and multifamily homes. He stated the City Council failed to approve the proposed 1987 plan for this site because of concerns about the lack of open space and transition issues. He urged the Council to deny this request, and stated the neighbors are opposed to the lack of buffer and inadequate distance between housing types. Mr. Gottwalt stated the transition in this plan is worse than the previous plan because it moves structures even further to the west. He stated the Council should not feel compelled to approve this request simply because of the hardship new wetland rules may cause. He cited the history of the development since 1984 and stated that the developer has had many opportunities to submit a plan for approval. He said single family homeowners have paid a premium price for their wooded lots, and the developer should be required to retain the wooded area. Steven Bohl, 18995 31st Place North, stated that this proposal is the best use possible for this property. He showed pictures of the proposed units that will be in excess of a $200,000 price range, as well as a recently completed project in Eden Prairie. He stated they wanted to propose a project without variances. Mr. Bohl stated he asked the single family homeowners to meet with him in order to review the plan, but they would not meet. Mr. Schneider stated he is looking for the opportunity to work with the City and the neighborhood. He believes a good compromise can be reached, but stated concern that the neighbors believe development will not occur on the site. Council Minutes December 20, 1993 Page 26 Mr. Gottwalt stated the existing property owners have no problem with the proposed quality of development. The issue is that the plan differs from the plan in effect when they purchased their homes. He stated the plan at that time indicated a beautiful woodlands area abutting the single family homes and serving as a buffer. Councilmember Edson stated the plan proposed at the Planning Commission meeting was for 24 units. Now the applicant is suggesting that the number of units could be reduced to 20. He asked if the multifamily units could be moved further from the single family units if the number of units is reduced. Mr. Schneider stated that if the mitigation plan were approved now and if a private driveway rather than a cul-de-sac were allowed, the units could be moved further back. Councilmember Helliwell stated that when residents purchase a home, they should be able to rely on the plans in place indicating what will be constructed around it in the future. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-824 DENYING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR S. T. & M., INC., FOR PROPERTY LOCATED AT THE NORTH SIDE OF 45TH AVENUE NORTH AT REVERE LANE (93128). Motion carried, four ayes. ITEM 8-H WETLAND FILLING AND MITIGATION PLAN FOR WOODLAND PONDS TOWNHOMES Public Works Director Moore recommended that since the revised concept plan was denied for Woodland Ponds Townhomes (93128), the wetland plan should also be denied. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-825 DENYING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR WOODLAND PONDS TOWNHOMES. Motion carried, four ayes. Council Minutes December 20, 1993 Page 29 ITEM 9-A-3 QUARTERLY PENDING CIVIL LITIGATION REPORT MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to receive the quarterly pending civil litigation report. Motion carried, four ayes. The meeting was adjourned at 11:40 p.m. i1 C City Clerk