HomeMy WebLinkAboutCity Council Minutes 10-15-1997MINUTES
REGULAR COUNCIL MEETING
OCTOBER 15, 1997
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on October 15, 1997.
COUNCIL PRESENT: Mayor Tierney ; Councilmembers Preus, Spigner, Black, and
Bildsoe, and Johnson.
ABSENT: Councilmember Wold.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Park Director
Blank, Public Safety Director Gerdes, City Attorney Roger Knutson, and City Clerk
Ahrens.
Item 3 Plymouth Forum
Ruth Gregory, 14811 Gleason Lake Drive, distributed a summary of a
neighborhood meeting held regarding traffic concerns on Gleason Lake Drive.
Her husband was rear-ended this year while turning right into their driveway.
She said there are two schools in the area and no crosswalks.
Robert Hall, 15815 Gleason Lake Drive, presented a petition with requests of
a four-way stop sign, reduction of the speed limit, pedestrian access crossings,
and reduction of truck traffic.
The issues were referred to staff for a report and recommendation back to the
City Council.
Item 4-A Plymouth Life Time Recreation Center Open House Announcement
Park Director Blank announced the activities planned for the Plymouth Life
Time Recreation Center Open House.
Item 4-11 America Recycles Day Announcement
Councilmember Black announced that November 15 will be America
Recycles Day and invited residents to participate in various activities
throughout the area.
Item 4-C Recognition of Retiring Plymouth Employees
The Council recognized three retiring employees -- Dave Digatono, John
Larson, and Kathy Beck.
Regular Council Meeting
October 15, 1997
Page 2
Item 5 Approve Agenda
City Manager Johnson recommended that Item 8-C be removed from the
agenda, as there is not concurrence with respect to the encroachment
agreement.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe , to approve the agenda with the deletion of Item 8-C. Motion carried,
six ayes.
Item 6 Consent Agenda
Item 6 -CC was removed from the Consent Agenda. City Manager Johnson
noted that an amended resolution is recommended on Item 6 -AA.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt the Consent Agenda with the removal of Item 6 -CC.
Councilmember Black entered a "nay" vote for Items 6-U-1 and 6-U-2.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to approve the Consent Agenda as amended. Motion carried, six
ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to approve minutes of the September 3, September 17, and
October 1, 1997 Regular Council Meetings. Motion carried, six ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-612 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 3,1997.
Motion carried, six ayes.
Item 6-C Breast Cancer Awareness Month
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to proclaim October as Breast Cancer Awareness Month. Motion
carried, six ayes.
Item 6-D Award Police -ordered Towing and Impound Contract
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-613 AWARDING THE CONTRACT
FOR THE POLICE ORDERED TOWING AND IMPOUNDMENT OF
VEHICLES. Motion carried, six ayes.
Regular Council Meeting
October 15, 1997
Page 3
Item 6-E 1996 Financial Trend Report
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to accept the Financial Trend Report for the calendar year 1996.
Motion carried, six ayes.
Item 6-F Application for Lawful Gambling Exemption
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-614 FINDING NO OBJECTION TO
LAWFUL GAMBLING EXEMPTION FOR PILGRIM LANE PTO.
Motion carried, six ayes.
Item 6-G Tobacco Licenses Approval
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-615 APPROVING 1997 TOBACCO
LICENSES FOR THOMAS JOHN'S TOBACCONIST, INC., HOLIDAY
STATIONSTORE #312, AND HOLIDAY STATIONSTORE #317.
Motion carried, six ayes.
Item 6-H Gasoline Service Station Licenses
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-616 APPROVING GASOLINE
SERVICE STATION LICENSES FOR HOLIDAY STATIONSTORES,
INC. D/B/A HOLIDAY STATIONSTORE #312,9705 SCHMIDT LAKE
ROAD AND HOLIDAY STATIONSTORE #317,2725 CAMPUS
DRIVE. Motion carried, six ayes.
Item 6-I Henry Lazniarz. Final Plat for "Ferndale Place" (96038-F)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-617 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR HENRY LAZNIARZ FOR
FERNDALE PLACE" LOCATED AT THE NORTHEAST CORNER
OF 12TH AVENUE AND FERNDALE ROAD (96038-F). Motion carried,
six ayes.
Item 6-J Change Orders for Peony Lane Improvements, Project 5002
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-618 APPROVING CHANGE
ORDER NO. 4, PEONY LANE STREET AND BRIDGE
IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, six ayes.
Regular Council Meeting
October 15, 1997
Page 4
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-619 APPROVING CHANGE
ORDER NO. 5, PEONY LANE STREET AND BRIDGE
IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, six ayes.
Item 6-K City of Plymouth, Rezoning (97134)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt ORDINANCE 97-25 AMENDING CHAPTER 21 OF
THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED
NORTH OF ROCKFORD ROAD, BETWEEN VICKSBURG LANE
AND DUNKIRK LANE (97134). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-620 APPROVING FINDINGS OF
FACT FOR REZONING OF THE WESTBRANCH 4TH ADDITION
SITE, LOCATED NORTH OF ROCKFORD ROAD BETWEEN
VICKSBURG LANE AND DUNKIRK LANE (97134). Motion carried, six
ayes.
Item 6-L Final Plat for "Westbranch 4'" Addition" (95139-F)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-621 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR U.S. HOME
CORPORATION FOR PROPERTY LOCATED NORTH OF
ROCKFORD ROAD BETWEEN VICKSBURG LANE AND DUNKIRK
LANE (95139-F). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-622 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 7028, SANITARY SEWER AND WATERMAIN
AREA, WESTBRANCH 4TH ADDITION. Motion carried, six ayes.
Item 6-M AmeriServe Expansion at 4150 Berkshire Lane North (97123)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-623 APPROVING THE SITE PLAN
AMENDMENT FOR OPUS FOR NEBCO/EVANS (AMERISERVE)
FOR A 44,880 SQUARE FOOT BUILDING ADDITION AND
PARKING LOT EXPANSION AT 4150 BERKSHIRE LANE NORTH
97123). Motion carried, six ayes.
Regular Council Meeting
October 15, 1997
Page 5
Item 6-N Variance for Entrance Monument Sign (97130)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-624 APPROVING SETBACK
VARIANCE FOR AN ENTRANCE MONUMENT SIGN FOR THE
COURTS AT NANTERRE, LOCATED SOUTH OF SCHMIDT LANE
ROAD AT COMSTOCK LANE (97130). Motion carried, six ayes.
Item 6-0 Final Plat for "Shenandoah Apartments" (97137-F)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-625 APPROVING FINAL PLAT
FOR PETER ANDREA COMPANY FOR "SHENANDOAH
APARTMENTS" LOCATED AT THE NORTHWEST CORNER OF
22ND AVENUE AND SHENANDOAH LANE (97137-F). Motion carried,
six ayes.
Item 6-P Greg Roland, Lot Consolidation (97147)
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-626 APPROVING LOT
CONSOLIDATION FOR PROPERTY LOCATED AT 1200123 RD
AVENUE NORTH (97147). Motion carried, six ayes.
Item 6-Q Change Order No. 1 - Thor Construction
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-627 APPROVING CHANGE
ORDER NO. 1 FOR WEST MEDICINE LAKE PICNIC SHELTERS.
Motion carried, six ayes.
Item 6-R Ice Center Change Orders
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-628 APPROVING CHANGE
ORDER NO. 1 AND FINAL PAYMENT AND RELEASE OF
RETAINAGE TO C.C.S. CONCRETE AND MASONRY. Motion carried,
six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-629 APPROVING CHANGE
ORDER NO. 1 AND FINAL PAYMENT AND RELEASE OF
RETAINAGE TO C.C.S. CONCRETE AND MASONRY. Motion carried,
six ayes.
Regular Council Meeting
October 15, 1997
Page 6
Item 6-S Deferred Payment of Water & Sewer REC Fees
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-630 APPROVING DEFERRED
PAYMENT OF RESIDENTIAL EQUIVALENCY FEES. Motion carried,
six ayes.
Item 6-T Approve Audit Services for 1997 Through 1999
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-631 APPROVING AUDIT
SERVICES FOR 1997,1998 AND 1999. Motion carried, six ayes.
Item 6-U Wetland Mitigation and Replacement Plans
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to approve RESOLUTION 97-632 APPROVING WETLAND
MITIGATION AND REPLACEMENT PLAN, GRAMERCY PARK
DEVELOPMENT (96183), SE SW SECTION 12, T118N, R22W. Motion
carried, five ayes; Black nay.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to approve RESOLUTION 97-633 APPROVING WETLAND
MITIGATION AND REPLACEMENT PLAN, AMERISERVE
FACILITY ADDITION OPUS CORPORATION (97123), NW'/4 SE'/'
OF SECTION 15, T118N, R22W. Motion carried, five ayes; Black nay.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to approve RESOLUTION 97-634 APPROVING WETLAND
MITIGATION AND REPLACEMENT PLAN, PLYMOUTH HILLS 7TH
ADDITION (97027), SE'/4 NW'/, OF SECTION 21, T118N, R22W.
Motion carried, six ayes.
Item 6-V Reduction in Required Financial Guarantee
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-635 REDUCING REQUIRED
FINANCIAL GUARANTEE, FERNBROOK WOODS 2ND ADDITION
94018). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-636 REDUCING REQUIRED
FINANCIAL GUARANTEE, FORSTER PRESERVE PLAT 2 (94057).
Motion carried, six ayes.
Regular Council Meeting
October 15, 1997
Page 7
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-637 REDUCING REQUIRED
FINANCIAL GUARANTEE, HICKORY HILLS ADDITION (94091).
Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-638 REDUCING REQUIRED
FINANCIAL GUARANTEE, GOLFVIEW WOODS ADDITION
94056). Motion carried, six ayes.
Item 6-W Installation of Stop Signs at Various Locations
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-639 INSTALLATION OF STOP
SIGNS AT VARIOUS LOCATIONS. Motion carried, six ayes.
Item 6-X Moratorium on "All -Way" Stop Sign Requests by Citizen Petition
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-640 ESTABLISHING A
MORATORIUM ON "ALL -WAY" STOP REQUEST BY CITIZEN
PETITION. Motion carried, six ayes.
Item 6-Y Adopt Assessments, Westbranch 3 `' Addition - Phase II, Project 4015
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-641 ADOPTING ASSESSMENTS,
UTILITIES IMPROVEMENT, CITY PROJECT NO. 4015,
WESTBRANCH 3PD ADDITION - PHASE II. Motion carried, six ayes.
Item 6-Z Ice Center - Final Payment to Diversified Construction
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-642 APPROVING FINAL
PAYMENT TO DIVERSIFIED CONSTRUCTION. Motion carried, six
ayes.
Item 6 -AA Squad Car Seats
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-643 AUTHORIZING THE
EXPENDITURE OF GENERAL FUND CONTINGENCY FUNDS FOR
THE PURCHASE OF SPECIALIZED SQUAD CAR SEATS. Motion
carried, six ayes.
Item 6 -BB Business Relations Subcommittee Appointment
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to appoint Councilmember Judy Johnson to the Business Relations
Subcommittee. Motion carried, six ayes.
Regular Council Meeting
October 15, 1997
Page 8
Item 6 -DD Authorize Advertisement of 1998 Board and Commission Vacancies
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to advertise for upcoming vacancies on the city's various boards,
committees, and commissions. Motion carried, six ayes.
Item 7-A Off -Sale Liquor License for TLS, Inc.
City Clerk Ahrens presented the staff report on the application of TLS, Inc.,
d/b/a Paradise Liquors for an intoxicating off -sale liquor license at 12 Nathan
Lane.
Mayor Tierney opened the public hearing at 7:25 p.m. No one appeared.
Motion was made by Councilmember Spigner, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-644 APPROVING OFF -SALE
INTOXICATING LIQUOR LICENSE FOR TLS, INC., D/B/A
PARADISE LIQUORS, 12 NATHAN LANE. Motion carried: five ayes;
Black absent.
Item 7-B 1997 REMOVAL AND DESTRUCTION OF DISEASED TREES
Finance Director Hahn presented the staff report on the proposed assessments
for 1997 removal and destruction of diseased trees, Roll 1.
Mayor Tierney opened the assessment hearing at 7:26 p.m. No one appeared.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-645 ADOPTING ASSESSMENTS,
1997 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL
1. Motion carried, five ayes; Black absent.
Item 7-C 1997 WEED ERADICATION AND DESTRUCTION
Finance Director Hahn presented the staff report on the proposed assessments
for 1997 Weed Eradication and Destruction, Roll 1.
Mayor Tierney opened the public hearing at 7:27 p.m. No one appeared.
Motion was made by Councilmember Spigner, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-646 ADOPTING ASSESSMENTS,
1997 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion
carried: five ayes; Black absent.
Item 7-D County Road 6 Sanitary Sewer Extension, Project 7018
Public Works Director Moore presented the staff report on the proposed
sanitary sewer extension on County Road 6 from Ranier Lane to Urbandale
Regular Council Meeting
October 15, 1997
Page 9
Lane, Project 7018. Four of the five affected property owners petitioned for
the improvements. Staff recommends that the project cost be shared on a one-
sixth basis, with two units assigned to one property which is large enough for
future subdivision. The second unit assessment would be deferred until the
property is subdivided. He stated that two of the properties have failing septic
systems. The estimated assessment is $15,583 per lot, based on the project
cost of $93,500.
Mayor Tierney opened the public improvement hearing.
Ron Simonson, 18220 County Road 6, requested approval of the project.
Susan Schlachtenhaufen, 18210 County Road 6, said they purchased their
home four years ago and installed a new septic system at that time. She
requested that they receive no assessment until they connect to the sewer
system in the future or sell their home.
Dean Ribich, 1525 Troy Lane, said that he also has a currently working septic
system. He requested no assessment until he connects to the system. He
owns the large lot which could be subdivided in the future, and he questioned
the interest rate and assessment period.
Mayor Tierney closed the public hearing.
Public Works Director Moore said that the City Council would establish the
length of assessment and the interest rate at the assessment hearing. Ten years
is a typical period for this type of assessment, and the interest rate is
established the same as the interest rate the City receives when the assessment
is levied. He said that the Metropolitan Council requires a property to connect
to sanitary sewer service within two years of its availability. The two year
period would not apply to the lot for future subdivision. The assessment
would be charged as a connection fee on the future lot.
Councilmember Preus said that the sole issue tonight is whether to proceed
with the project. Issues relating to assessments would be addressed at a future
assessment hearing.
Councilmember Black asked if interest would accumulate during the deferral
period.
Public Works Director Moore responded yes. In a few situations, the City has
established a specific deferral period without interest to allow a property to be
subdivided or sold, when requested by the property owner.
Regular Council Meeting
October 15, 1997
Page 10
Councilmember Johnson asked why only six properties are included in this
project area.
Public Works Director Moore explained that the City proposed the installation
of sanitary sewer for a larger surrounding area; however, the majority of
residents did not support the project.
Mayor Tierney asked if the per unit costs would be reduced if the project had
been extended to additional properties.
Public Works Director Moore said it is unlikely because these are very large
lots.
Mayor Tierney and Councilmember Black expressed environmental and
health concerns about the lack of sanitary sewer for properties in this area
which is near a lake.
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 97-647 ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS, COUNTY
ROAD 6 SANITARY SEWER EXTENSION, RANIER LANE TO
URBANDALE LANE, CITY PROJECT NO. 7018. Motion carried, six
ayes.
Item 7-E Assessment Hearings
Public Works Director Moore introduced the assessment hearings on various
public improvement projects under Minnesota Statutes Chapter 429. He said
that a property owner must present a written objection prior to or at the
assessment hearing in order to preserve the right to appeal an assessment.
Item 7-E-1 Peony Lane Street and Utilities, Project 5002
Public Works Director Moore presented the staff report on proposed
assessments for Peony Lane Street and Utilities, Project 5002. He explained
the improvement and area proposed to be assessed. The construction cost of
the project was $5.5 million, with a small portion to be assessed. The
proposed assessments are based on property type. One written objection was
received.
Mayor Tierney opened the assessment hearing.
Joe Rupar, 18140 Highway 55, said he was assessed for sanitary sewer last
year and does not have access to it. He is proposed to be assessed an
additional amount for this project but still has no access.
Regular Council Meeting
October 15, 1997
Page 11
Councilmember Preus reminded Mr. Rupar that a written objection is needed
in order to preserve his right to appeal the assessment.
Public Works Director Moore explained that his proposed assessment is only
for watermain area. There is still a vacant parcel which will need to be
developed before services are available to his parcel.
Mayor Tierney closed the public hearing.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-648 ADOPTING ASSESSMENTS,
PEONY LANE FROM STATE HIGHWAY 55 TO THE WAYZATA
HIGH SCHOOL'S NORTH PROPERTY LINE, CITY PROJECT NO.
5002, STREET AND UTILITIES;
RESOLUTION 97-649 ADOPTING ASSESSMENTS, PEONY LANE
FROM STATE HIGHWAY 55 TO THE WAYZATA HIGH SCHOOL'S
NORTH PROPERTY LINE, CITY PROJECT NO. 5002 STREET AND
UTILITIES (SCHOOL AND CITY PROPERTY);
RESOLUTION 97-650 ADOPTING ASSESSMENTS, PEONY LANE
FROM STATE HIGHWAY 55 TO THE WAYZATA HIGH SCHOOL'S
NORTH PROPERTY LINE, CITY PROJECT NO. 5002, STREET AND
UTILITIES (COMMERCIAL PROPERTIES);
RESOLUTION 97-651 ADOPTING ASSESSMENTS, PEONY LANE
FROM STATE HIGHWAY 55 TO THE WAYZATA HIGH SCHOOL'S
NORTH PROPERTY LINE, CITY PROJECT NO. 5002 WATERMAIN
AREA (SCHOOL AND CITY PROPERTY); and
RESOLUTION 97-652 ADOPTING ASSESSMENTS, PEONY LANE
FROM STATE HIGHWAY 55 TO THE WAYZATA HIGH SCHOOL'S
NORTH PROPERTY LINE, CITY PROJECT NO. 5002, WATERMAIN
AREA.
Motion carried, six ayes.
Item 7-E2 12'h Avenue Street and Utilities, Project 5023
Public Works Director Moore presented the staff report on the proposed
assessments for 12`h Avenue Street and Utilities, Project 5023. The project
cost is substantially more than the estimated costs. The final assessment rate
based on the total project cost would be $27,173 per lot. However, staff
proposes a final assessment of $19,787 per lot, with the City paying the
difference from the Sewer Trunk Fund.
Regular Council Meeting
October 15, 1997
Page 12
Mayor Tierney opened the assessment hearing. No one appeared, and the
hearing was closed.
Motion was made by Councilmember Black, seconded by Mayor Tierney, to
adopt RESOLUTION 97-653 ADOPTING ASSESSMENTS, 12TH
AVENUE STREET AND UTILITIES, CITY PROJECT NO. 5023.
Motion carried, six ayes.
Item 7-E3 41" Avenue/Hughston Addition Street and Utilities, Project 5037
Public Works Director Moore presented the staff report on the proposed
assessments for 41" Avenue/Hughston Addition street and utilities, Project
5037. Due to modifications and additions to the project, the total project cost
is considerably higher than the estimated cost when the project was ordered.
He recommended that the final assessment rate be the same as the estimated
assessment rate, with the City paying $66,520 of the $191,406 total project
cost.
Mayor Tierney opened the assessment hearing.
Sue Jude, 17525 4151 Avenue North, said that she understood they would lose
access to Highway 55, but did not know they would lose their trees during the
project. The affected residents were previously notified that the assessment
period could be chosen by the residents from 10 to 20 years, and that the
interest rate would be 7 percent. The interest rate is now proposed at 7%
percent with a ten year assessment period.
Larry Babiracki, 17535 4151 Avenue North, said that the project was a difficult
process. Residents were not adequately notified by the City of the process or
the schedule. The street was proposed to be 32 feet wide and the width was
reduced to 28 feet to avoid removing the trees. However, the trees were
removed and later replaced by the City. He said that since the City is paying
the project cost overruns, it negates some of the points in the written
objection.
Public Works Director Moore said the proposed assessment roll was
established for a ten year period. The Council can lengthen that period if
desired. The interest rate was 7 percent when the project was initiated two
years ago. The assessment interest rate in 1996 and 1997 was 7'/i percent.
Councilmember Preus asked if the Council could adopt the assessments and
later establish the assessment period.
Regular Council Meeting
October 15, 1997
Page 13
Attorney Knutson advised that once the assessment roll is adopted, the
assessment period cannot be amended unless the hearing process is again
conducted.
City Manager Johnson said that affordability was an issue on this project and
suggested that a 15 year assessment period be established. Property owners
would have the option of paying off the assessment early.
Motion was made by Councilmember Preus, seconded by Councilmember
Johnson, to adopt a Resolution Adopting Assessments, City Project No. 5037,
41' Avenue Street and Utilities, establishing the assessment period as 15
years.
Councilmember Johnson suggested that the City should develop a pamphlet
on improvement projects to help residents understand the process and timing.
Councilmember Spigner said that Ms. Jude indicated the residents could
select an assessment period of up to 20 years. She believes that the affected
residents should select the assessment period, rather than the City assuming a
15 year period is acceptable to the residents.
Manager Johnson said the City has not typically offered an assessment period
of 20 years.
Councilmember Johnson said that the amount of interest is significant as the
term is extended.
Director Moore said that if a 15 -year period is selected, all payments would be
spread over 15 years. However, individuals could choose to pay off the
balance at any time during the assessment period.
Motion was made by Councilmember Spigner to call the question. Motion
died for lack of a second.
Councilmember Johnson said that the assessment period should not exceed
the estimated useful life of the improvements.
Director Moore that the streets are designed for a 20 -year life. Water and
sewer improvements are much longer.
Motion was made by Councilmember Black, seconded by Councilmember
Spigner, to table the issue to October 29 in order to give residents the
opportunity to determine the desired assessment period.
Regular Council Meeting
October 15, 1997
Page 14
Motion carried, six ayes.
Item 7-E4 Ridgemount Avenue Street Reconstruction, Project 7004
Public Works Director Moore presented the staff report on proposed
assessments for Ridgemount Avenue Street Reconstruction, Project 7004.
This was a joint project with the City of Minnetonka. He said that the
proposed assessments are $987 per unit for a single family lot and $7 per front
foot for curb and gutter.
Mayor Tierney opened the assessment hearing.
Eleanor Hoaglund, 11510 Ridgemount Avenue, said that the assessment
period is proposed as five years, but a staff person indicated it may be changed
to ten years. She asked the City to address the poor grading of her yard that
resulted in drainage problems, cleaning of the new trails, and replacement of
mailboxes.
Mayor Tierney closed the assessment hearing.
Public Works Director Moore said that staff will address the drainage
concerns. The sod work has just been completed and the trails have not yet
been cleaned. He will also check the status of the mailbox placement. He
said the City Council could amend the assessment period. The amount of the
proposed assessments range from $987 to $3,000.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-654 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 7004, RIDGEMOUNT AVENUE, STREET
IMPROVEMENTS (RESIDENTIAL PROPERTIES) and
RESOLUTION 97-655 ADOPTING ASSESSMENTS, CITY PROJECT
NO. 7004, RIDGEMOUNT AVENUE STREET IMPROVEMENTS
SCHOOL AND CITY PROPERTY).
Councilmember Spigner commented that this project was a good joint effort
between Plymouth and Minnetonka, and the residents are pleased with the
result.
Motion carried: five ayes; Bildsoe absent.
Item 7-E5 Vicksburg Lane Street Reconstruction, Project 7010
Public Works Director Moore presented the staff report on the proposed
assessments for Vicksburg Lane Street Reconstruction from Gleason Lake
Road to County Road 6, Project 7010. The proposed assessments are $987
Regular Council Meeting
October 15, 1997
Page 15
per single family lot. The commercial, industrial, and school properties are
proposed to be assessed at 30 percent of the actual construction cost.
Mayor Tierney opened the assessment hearing and no one appeared. The
hearing was closed.
Motion was made by Councilmember Johnson, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-656 ADOPTING ASSESSMENTS,
VICKSBURG LANE STREET RECONSTRUCTION, CITY PROJECT
NO. 7010 and RESOLUTION 97-657 ADOPTING ASSESSMENTS,
VICKSBURG LANE STREET RECONSTRUCTION, CITY PROJECT
NO. 7010. Motion carried, six ayes.
Item 8-A Town and Country Homes (97011)
Community Development Director Hurlburt presented the staff report on the
request of Town and Country Homes, Inc., for rezoning, preliminary plat, and
site plan approvals for a 108 -unit townhome development located west of
Dunkirk Lane at 39`h Avenue North. She described the history of development
proposals for the site. Six units in the southwest corner of the site near
Highway 55 were eliminated from the previous proposal. Prior discussions
have been held on whether there is adequate sight distance at the proposed
access at 39"' Avenue. The engineers have found the sight distance to be
adequate for the intersection.
Al Block, Town and Country Homes, said that the proposed landscaping has
been increased in the southwest and northeast portions of the site. The
property owner to the south has agreed to allow a berm with landscaping
along the property line.
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to adopt ORDINANCE 97-26 AMENDING CHAPTER 21
ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY
CERTAIN LANDS LOCATED IN THE NORTHWEST QUADRANT
OF HIGHWAY 55 AND DUNKIRK LANE (97011); RESOLUTION 97-
658 APPROVING FINDINGS OF FACT FOR REZONING OF LAND
LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55
AND DUNKIRK LANE (97011); and RESOLUTION 97-659
APPROVING PRELIMINARY PLAT AND SITE PLAN FOR TOWN
AND COUNTRY HOMES, INC., FOR PROPERTY LOCATED IN THE
NORTHWEST QUADRANT OF HIGHWAY 55 AND DUNKIRK LANE
97011).
Councilmember Johnson thanked the residents and applicant for their work on
this project.
Regular Council Meeting
October 15, 1997
Page 16
Councilmember Black said that she will support the motion, but continues to
have concerns about the project.
Motion carried; five ayes; Spigner absent.
Item 8-B Housing Services, Inc. Gramercy Park Senior Cooperative (97095)
Community Development Director Hurlburt presented the staff report on the
rezoning, PUD General Plan, and Final Plat requests of Housing Services,
Inc., for a 56 -unit senior housing cooperative located north of the intersection
of 45" Avenue North and Revere Lane. She explained the surrounding land
uses, the history of the project, and the previous reguiding action taken by the
City Council and reviewed by the Metropolitan Council. She said that
additional landscape screening has been added along the drive aisle, and a
pedestrian crossing is proposed at Revere Lane.
She said that remaining issues related to the project are flat vs. pitched roof,
roof color, potential for subsurface water problems, fire lane turnaround,
grading impacts, number of units in the building, and conservation easement.
The building is within the City's height limit, and the proposed roof would be
in character with the surrounding residential area. Residents have expressed
concerns about the roof color. She said that rusty red colored shingles are
proposed with ivory siding. The City does not have a regulation on the color
of shingles. No subsurface water problems are anticipated. There has been
some discussions that a change in the fire lane could result in less tree
removal; however, the fire lane and turnaround lane are needed to ensure
access for emergency vehicles. Some area residents have expressed continued
concerns about the proposed number of units, but the total number of units has
already been reduced from 67 to 56. The guiding would allow 20 units per
acre, and this project is only 9 units per acre. The City's Housing goal is that
a minimum of 10 units per acre be constructed on any attached housing
project.
Director Hurlburt said that concerns have been expressed about the
preservation of the wooded area which serves as a buffer to the single family
area to the west. Under the proposed conservation easement, all trees and
brush in this area would have to be retained, with the exception of diseased
trees and noxious weeds. Some future residents of the building have felt that
the easement may be too strict and language has been added to the agreement
to ensure that items such as wood chip trails, furniture, benches, plantings, and
bird feeders could be allowed in the conservation area. The Planned Unit
Development Plan requires the same items, but the easement provides an
additional protection.
Regular Council Meeting
October 15, 1997
Page 17
Councilmember Bildsoe asked whether the conservation easement has been
used by the City in the past and how enforcement would be done.
Community Development Director Hurlburt said that this is the first time it
would be used by the City. The conservation easement is based on a model
used in Chanhassen. The easement document would allow the City to enforce
the terms of the easement but it does not obligate the City to enforce the
easement rights.
City Attorney Knutson explained that violation of the PUD conditions would
be a violation of the Zoning Ordinance which is a crime. The easement is a
duplication of the PUD conditions and gives broader authority for
enforcement.
Community Development Director Hurlburt added that the conservation
easement specifies that plantings, bird feeders, trails, and furniture are allowed
by approval of the City Forester. If the owner proposes to do something that
is prohibited by the easement, a PUD Plan amendment would also be required.
Councilmember Johnson asked how the conservation easement could be
amended in the future.
Attorney Knutson explained that the easement would be a contract between
two parties -- the City and Gramercy Cooperative. It would take the
agreement of both parties to amend the conservation easement.
Councilmember Johnson noted that this would not ensure the agreement or
input of area residents.
Director Hurlburt said the easement would provide a different amendment
process and additional enforcement method.
Councilmember Johnson asked if there is anything to prevent the public from
using the trails which would be allowed under the conservation easement.
Director Hurlburt said this is private property.
Mayor Tierney said that if there is extensive outside use of the trails, the
owner may wish to install a privacy fence.
Director Hurlburt explained that a fence would be a structural change
requiring a PUD amendment. There is no fence anticipated in the current
plan.
Regular Council Meeting
October 15, 1997
Page 18
Mike Conlan represented the Gramercy Park development team. He accepted
the report and recommendations of staff. He said the issue of the conservation
easement underscores that this building is not owned by the developer or
management company -- it is owned by the residents. The future residents of
the building have expressed their displeasure at having a conservation
easement placed on their property. He said the building residents want to
retain the trees, but feel the conservation easement is redundant to the PUD
requirement. The conservation easement would be recorded against the land
and this would raise questions with the title company and the lenders. He said
the conservation easement is an inference that the future building residents
can't be trusted or are not knowledgeable enough to play by the rules. Mr.
Conlan said that this woodland extends to the private single family properties;
however, there is no conservation easement on those lots and the same stand
of trees have no protection. He asked the Council to consider whether this
requirement is reasonable, appropriate, and consistent with other projects in
the City. He said that a similar project has won a major design award in
another community.
Councilmember Preus asked Mr. Conlan if the proposed language is
acceptable.
Mr. Conlan said they would accept the language, but future residents of the
building feel the conditions are intrusive.
Mayor Tierney asked if the project is handicapped accessible.
Mr. Conlan responded that all hallways and entrances are handicapped
accessible. Individual units could be adapted.
Sheila McMath, 4550 Trenton Circle, supported the PUD requirement and
conservation easement in order to protect the natural buffer along the west
side of the property. She was unaware that the draft conservation easement
was amended to allow for items such as trails and benches.
Councilmember Johnson said that the amendments are reasonable, and she
doubted that all of the abutting single family residents would be willing to
comply with the same strict easement conditions.
Paul Schupanitz, 4600 Trenton Circle, said he would be willing to have a
similar easement placed on his property. He objected to the red roof because
of the size of the building and large mass of color. He requested that a more
neutral color be chosen and presented a petition which addressed these issues.
Regular Council Meeting
October 15, 1997
Page 19
Liz Schupanitz, 4600 Trenton Circle, said the primary goal is to preserve the
trees that serve as a natural buffer in order to protect privacy and property
values. She explained the history of development proposals and zoning of the
site. She said the abutting single family property owners requested a
conservation easement when they realized that the future residents of
Gramercy Park may not share their views about retention of the trees. She
believes the conservation easement would formalize the developer's intent to
save all trees and brush, and there has been no opposition to the conservation
easement. The language in the original draft of the conservation easement
may have been too strict by not allowing bird houses and bird feeders, but she
believes the current draft language is too vague. She said that placement of a
bench or trail would require removal of vegetation. The language is unclear as
to how many benches or trails would be allowed.
Community Development Director Hurlburt responded that if Gramercy
Cooperative wanted to pave a trail or build any type of structure, it would
require a PUD amendment.
Attorney Knutson explained that the conservation easement does not allow
removal of vegetation; however, a bench or similar structure could be placed
on top of it. Grading would not be allowed in the area of the easement.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to
suspend the rules and extend the meeting to 10:20 p.m. Motion carried, six ayes.
Lisa Larson, 4540 Trenton Circle, supported having both the PUD condition
and conservation easement to protect the trees. She said that deer have made
many of the paths on the site.
Community Development Director Hurlburt suggested that the language in the
PUD condition and the conservation easement should be identical.
Councilmember Black said that the amended language in the conservation
easement is fair. She believes that it provides additional protection and allows
minor activities on the property without requiring an amendment to the
easement.
Regular Council Meeting
October 15, 1997
Page 20
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt ORDINANCE 97-27 AMENDING CHAPTER 21 OF
THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED
NORTH OF 45TH AVENUE, EAST OF TRENTON CIRCLE, AND
WEST OF NATHAN LANE AS PUD (PLANNED UNIT
DEVELOPMENT) (97095), and RESOLUTION 97-660 APPROVING
FINDINGS OF FACT FOR REZONING FOR HOUSING SERVICES
FOR PROPERTY LOCATED NORTH OF 45TH AVENUE, EAST OF
TRENTON CIRCLE, AND WEST OF NATHAN LANE (97095).
Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-661 APPROVING PLANNED UNIT
DEVELOPMENT GENERAL PLAN AND FINAL PLAT FOR
HOUSING SERVICES FOR PROPERTY LOCATED NORTH OF 45TH
AVENUE, EAST OF TRENTON CIRCLE, AND WEST OF NATHAN
LANE (97095), amending Condition 5 to eliminate the conservation
easement.
Councilmember Preus said that the conservation easement is redundant with
the PUD condition. He believes it is in everyone's interest to preserve the
trees and conservation easements have not been required on other
development projects by the City.
Motion to amend was made by Councilmember Black, seconded by
Councilmember Johnson, to add the sentence -- "A conservation easement
shall be recorded over this area."
Councilmember Black agreed there is redundancy with requiring a
conservation easement and PUD condition. However, the conservation
easement specifies activities that cannot be done, as well as activities that are
allowed on the site. She said that conservation easements are frequently used
throughout the state to preserve certain conditions and characteristics of
property.
Councilmember Bildsoe said that the protection of the woods benefits all
residents in the area, and he is disappointed that the Council has discussed
only this one aspect of the entire project.
City Manager Johnson said that staff supports the conservation easement
because it will provide notice of the easement when properties are sold.
Regular Council Meeting
October 15, 1997
Page 21
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to call the question on the amendment and main motion. Motion
carried: four ayes; Black and Johnson nays.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
suspend the rules and extend the meeting to 10:35 p.m. Motion carried: five ayes; Preus
nay.
Motion to amend carried: four ayes; Preus and Spigner nays. Main motion
carried, six ayes.
Item 8-C (6 -CC) Appointment of Mike Stulberg to Planning Commission
Councilmember Spigner spoke against the reappointment of Mike Stulberg to
a one-year term on the Planning Commission at this time. She does not
believe it is a good precedent to circumvent the normal appointment process
and noted that the Chairperson designation is decided by the Planning
Commission. She would like to consider reappointment of Mr. Stulberg
during the upcoming board and commission appointment process.
Mayor Tierney said that Mr. Stulberg's concern is that the Northwest
Plymouth deliberations with the consultants are beginning, and it is important
that he or his replacement be involved from the beginning.
Councilmember Bildsoe said that Mr. Stulberg has significant history with the
Planning Commission that will be useful when northwest Plymouth is
considered. Mr. Stulberg has served on the Planning Commission for 18 years
and is asking for only a one-year reappointment.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to reappoint Mike Stulberg to a one-year term on the Planning
Commission to expire January 31, 1999.
Councilmember Preus agreed that the normal process is important, but noted
that this unique situation warrants deviation from the usual practice.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Johnson, to call the question. Motion carried, six ayes.
Main motion carried, five ayes; Spigner nay.
Item 9-A Allow Students at the Dais
Councilmember Johnson explained that she is working on ways to get
students more involved in city government. She would like to allow two
students to sit at the wing ends of the dais during Council meetings.
Regular Council Meeting
October 15, 1997
Page 22
Guidelines would be established to select students who are involved in civics
courses or who are participating in a school project.
Clark Gregor, 420 Far Hill Road, Wayzata, represented the Wayzata High
School student government. He endorsed the concept as a good way to
involve students in government.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to allow senior high school students to sit at the ends of the dais
during Council meetings with no speaking or voting rights, subject to review
following the current academic year. Motion carried, six ayes.
Item 9-13 City Manager Evaluation
Motion was made by Mayor Tierney, seconded by Councilmember Johnson,
to set a special meeting for November 3 at 7:00 p.m. to conduct the City
Manager evaluation. Motion carried, six ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
adjourn the meeting at 10:35 p.m. Motion carried, six ayes.
La ie Ahrens
City Clerk