HomeMy WebLinkAboutCity Council Minutes 05-17-1993MINUTES
REGULAR COUNCIL MEETING
MAY 179 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
May 17, 1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, and Tierney
ABSENT: Councilmember Vasiliou
STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community
Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn,
Park and Recreation Director Blank, City Attorney Meller, and City Clerk Rauenhorst
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to approve the agenda.
Motion carried on a roll call vote, four ayes.
ITEM 6 CONSENT AGENDA
Item 8-C was moved to be discussed as the first item on the agenda, and Items 6-C
and 6-L were removed from the Consent Agenda.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to approve the Consent Agenda as amended.
Motion carried on a roll call vote, four ayes.
ITEM 8-C HENNEPIN COUNTY LIBRARY. ZONING STATUS AND
PURCHASE AGREEMENT CLAUSE
Community Development Director Dillerud presented the staff report on the
zoning status and purchase agreement reversion clause for the Hennepin County
public library at 36th Avenue North and Vicksburg Lane. He stated the City
Attorney had advised the City that there is language in the Purchase Agreement
conveying the site from the City to the County providing the City with the right to
reacquire the site for the value of the improvements if, in the future, the building
ceases to be used as a public library. The Attorney recommends that additional
Regular Council Meeting
May 17, 1993
Page 2
language be added to the Purchase Agreement deed stating that "This property is
conveyed to the grantee for library purposes only." This methodology was
proposed to Hennepin County by letter, and Jim Taplin of the County Property
Management Division has verbally concurred in this approach.
Director Dillerud stated the purchase agreement has been executed by all parties.
Councilmember Edson asked the City Attorney for an opinion on whether a
Conditional Use Permit is needed.
Attorney Meller concurred with Director Dillerud's recommendation, and stated
that the deed covenants will adequately protect the City's interests. He stated this
action would not set a precedent for other areas.
Councilmember Edson asked about the reversion clause date.
Attorney Meller stated the County must begin construction by December 31, 1994
under the reversion clause. The County has agreed to do this.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to direct the City Attorney to add the language to the deed for the
library site that "This property is conveyed to the Grantee for library purposes
only", and to adopt RESOLUTION 93-255 INTERPRETATION OF THE
PLYMOUTH HILLS PUD PLAN TO INCLUDE PUBLIC LIBRARIES AS
A PERMITTED USE BETWEEN 36TH AVENUE NORTH AND 37TH
AVENUE NORTH.
Motion carried on a roll call vote, four ayes.
Pat Shannon represented the Hennepin County Library. He briefly described the
proposed project and its $3,165,000 budget. He stated a public meeting room
with capacity for 75-90 people will be available, and parking for 85 vehicles will be
provided.
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to approve the City Council minutes of the April 26 Study Session and the
May 10 Board of Review.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 3
ITEM 6-B INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
FOR WOODLAND VILLAGE INVESTMENT LMTD. PARTNERSHIP
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-256 AUTHORIZING THE ISSUANCE
AND SALE OF $2,790,000 VARIABLE RATE DEMAND INDUSTRIAL
DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1993
WOODLAND VILLAGE INVESTMENTS LIMITED PARTNERSHIP
PROJECT) TO REFINANCE A PROJECT.
Motion carried on a roll call vote, four ayes.
ITEM 6-C HANS HAGEN HOMES. LAND USE GUIDE PLAN AMENDMENT
93023
Community Development Director Dillerud presented the staff report on the
request of Hans Hagen Homes for Land Use Guide Plan Amendment to reclassify
75 acres from Planned Industrial to Low Medium Density Residential located at
the northeast corner of County Road 101 and Medina Road and the northwest
corner of Medina Road and County Road 24. The Planning Commission
recommended denial of this application. At the public hearing, the applicant
emphasized that the classification to Planned Industrial took place in 1989 as a part
of the overall city-wide Land Use Guide Plan review. The applicant believed that
such reclassification was an effort by the City to "balance" the supply of
industrially classified property to compensate for other areas of the City that were
reclassified from industrial to residential.
The Planning Commission's recommendation of denial was based on the following:
1) Location criteria of the Land Use Guide Plan are not specifically met since the
resulting land use would place residential adjacent to a major arterial; 2) Land Use
reclassification responsive to cyclical market changes is not an appropriate land use
planning methodology; 3) There was evidence that the proposed reclassification
would negatively influence the ability of School District 284 to provide services to
residents of the area to be reclassified as well as existing residents of that school
service area; and 4) The balancing of industrial opportunities within a city such as
Plymouth was an important aspect considered in 1989, and continues to be so.
The Planning Commission also discussed the issue of the land use classification of
other properties lying between Highway 55 and Medina Road that are excluded
from this application. Staff had advised that it would be illogical to retain the
Planned Industrial classification of those other properties should reclassification of
the subject site be approved. The result would be that all industrial classified
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May 17, 1993
Page 4
property between Medina Road and Highway 55 could eventually be reclassified to
residential.
Hans Hagen stated that two of the Planning Commissioners who recommended
denial of this application were active proponents of the land use reclassification in
1989. He agreed that adjacent properties would also likely request reclassification
if his request was approved, and noted examples of where other than industrial
guided properties abut a major arterial. He stated this site does not meet the
criteria for reguiding of industrial sites, and there is no access from this site to
County Road 24.
Mr. Hagen stated he views this site as an industrial guided "island" in the middle of
a residentially guided area, and stated that residential reclassification would make
the site consistent with surrounding land uses. He stated that the impact of this
proposed development has already been taken into consideration by School
District 284. In 1990, the district used projections that generated students from
300 residential sites in this area. Mr. Hagen stated additional residential guided
land is needed and, unless reclassification occurs, no further residential areas will
be available until the MUSA is extended. He stated a reclassification to residential
would provide a more competitive housing market, and there is little current
demand for industrial property.
Director Dillerud stated there may be some confusion on the 300 housing units
projected by School District 284. He believed that the 300 units were from the
larger area bounded by Highway 55, County Road 101, and County Road 24.
This site would be included within that area. There would be nearly 300 potential
units without this proposed development.
Councilmember Edson noted the abutting land uses.
Councilmember Tierney stated she served on the Planning Commission in 1989
when the overall Land Use Guide Plan review occurred. She felt the
reclassification to industrial guiding was appropriate in 1989 and is still
appropriate.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-257 DENYING LAND USE GUIDE
PLAN AMENDMENT FOR HANS HAGEN HOMES, INC. LOCATED AT
THE NORTHWEST CORNER OF COUNTY ROAD 24 AND MEDINA
ROAD (93023).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 5
ITEM 6-D SKYLINE DESIGN, INC. AMENDED PUD PLAN AND CUP (93025)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-258 APPROVING AMENDMENT OF
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC. FOR
PROPERTY LOCATED AT 1015 WESTON LANE (93025).
Motion carried on a roll call vote, four ayes.
ITEM 6-E SKYLINE DESIGN, INC. AMENDED PUD PLAN AND CUP (93026)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-259 APPROVING AMENDMENT OF
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC. FOR
PROPERTY LOCATED AT 1254 ARCHER LANE (93026).
Motion carried on a roll call vote, four ayes.
ITEM 6-F RICK LARSON. CUP FOR GASOLINE SERVICE STATION (93032)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-260 APPROVING CONDITIONAL USE
PERMIT FOR RICK LARSON AT 9605 36TH AVENUE NORTH, (93032).
Motion carried on a roll call vote, four ayes.
ITEM 6-G GASOLINE SERVICE STATION LICENSE - RICK LARSON
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-261 APPROVING GASOLINE SERVICE
STATION LICENSE FOR RICK S. LARSON, SHERMAN'S SINCLAIR,
9605 36TH AVENUE NORTH.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 6
ITEM 6-H CITY OF PLYMOUTH. LOT DIVISION AND SUBD. ORDINANCE
VARIANCE (93024)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-262 APPROVING LOT DIVISION AND
SUBDIVISION ORDINANCE VARIANCE FOR CITY OF PLYMOUTH
93024), for the Ruth Rosendahl property at the northwest corner of the Soo Line
Railroad and Pineview Lane.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-263 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR
CITY OF PLYMOUTH (93024).
Motion carried on a roll call vote, four ayes.
ITEM 6-I AACRON INC. LOT DIVISION (93029)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-264 APPROVING LOT DIVISION FOR
AACRON, INC. (93029), to divide a site located at the northwest corner of 25th
Avenue North and Cheshire Lane.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-265 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR
AACRON, INC. (93029).
Motion carried on a roll call vote, four ayes.
ITEM 64 HANS HAGEN HOMES. PUD FINAL PLAN/PLAT FOR SEVEN
PONDS 6TH ADDITION (93031)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-266 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR HANS HAGEN HOMES FOR A
MIXED USE PLANNED UNIT DEVELOPMENT FOR "SEVEN PONDS
6TH ADDITION" LOCATED AT THE SOUTHWEST CORNER OF NEW
MEDINA ROAD AND DUNKIRK LANE (93031) (MPUD 92-1).
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May 17, 1993
Page 7
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-267 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
HANS HAGEN HOMES FOR A MIXED USE PLANNED UNIT
DEVELOPMENT FOR "SEVEN PONDS 6TH ADDITION" LOCATED AT
THE SOUTHWEST CORNER OF NEW MEDINA ROAD AND DUNKIRK
LANE (93031) (MPUD 92-1).
Motion carried on a roll call vote, four ayes.
ITEM 6-K MJM HOMES, INC. LOT DIVISION (93036)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-268 APPROVING DIVISION OF
PLATTED PROPERTY FOR MJM HOMES, INC. FOR PROPERTY
LOCATED AT 275/277 BERKSHIRE LANE (93036).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-269 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO DIVISION OF
PLATTED PROPERTY FOR MJM HOMES, INC. FOR PROPERTY
LOCATED AT 275/277 BERKSHIRE LANE (93036).
Motion carried on a roll call vote, four ayes.
ITEM 6-L PLYMOUTH PARTNERS H. ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR PLYMOUTH TECHNOLOGY PARK (91031)
Councilmember Helliwell stated she has concerns with a statement in the staff
report that the I-494/Schmidt Lake Road interchange shown on the project plans
for Plymouth Technology Park has not as yet been approved by the Minnesota
Department of Transportation. She stated that residents have expressed concern
about increased traffic in area neighborhoods if this interchange is not constructed
and if the Council continues to approve development in the area. She does not
believe the roadway system will be in place to support the businesses in Plymouth
Technology Park. Councilmember Helliwell asked when the County Road 9/
Fernbrook Lane intersection will be improved, and whether County Road 9 will be
widened as part of that project.
Regular Council Meeting
May 17, 1993
Page 8
Public Works Director Moore stated the intersection improvements are proposed
for 1995 construction in the County's Capital Improvement Program. County
Road 9 is proposed to be widened from I-494 westerly to the existing four -lane
roadway in the Downtown Plymouth area. He stated that the Department of
Transportation has indicated that the proposed I494/Schmidt Lake Road
interchange would not meet the spacing criteria of a one mile minimum distance
between interchanges. This is incorrect and a letter will be sent to the Department
of Transportation indicating that the distance from I-494/Schmidt Lake Road
interchange would be 1 mile to the County Road 9 interchange and 1.25 miles to
the County Road 10 interchange.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-270- DECLARING FINDING OF "NO
NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS)
BASED UPON THE REVIEW OF THE ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) DATED MARCH 22, 1993, FOR
THE PROJECT PROPOSED BY PLYMOUTH PARTNERS H FOR
PLYMOUTH TECHNOLOGY PARK" (91031).
Motion carried on a roll call vote, four ayes.
ITEM 6-M NEDEGAARD CONSTRUCTION. FINAL PLAT/PLAN AND SITE
PLAN AMENDMENT FOR COURTYARDS OF FRENCH CREEK (93034)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-271 APPROVING RPUD FINAL
PLANXINAL PLAT AND DEVELOPMENT CONTRACT FOR
NEDEGAARD CONSTRUCTION FOR COURTYARDS OF FRENCH
CREEK LOCATED SOUTHWEST OF ROCKFORD ROAD AND LARCH
LANE (93034).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-272 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO RPUD FINAL
PLAN/PLAT FOR NEDEGAARD CONSTRUCTION FOR COURTYARDS
OF FRENCH CREEK LOCATED SOUTHWEST OF ROCKFORD ROAD
AND LARCH LANE (93034).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 9
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-272A ADOPTING ASSESSMENTS FOR
CITY PROJECT NO. 319, SANITARY SEWER AND WATERMAIN
AREA, COURTYARDS OF FRENCH CREEK.
Motion carried on a roll call vote, four ayes.
ITEM 6-N WAYNE LYNCH. CUP FOR HOME OCCUPATION (93027)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-273 APPROVING CONDITIONAL USE
PERMIT FOR WAYNE B. LYNCH JR. FOR A PERFUME -COLOGNE
DISTRIBUTORSHIP AT 14310 -18TH AVENUE NORTH (93027).
Motion carried on a roll call vote, four ayes.
ITEM 6-0 RECONVEYANCE TO STATE OF PROPERTY OBTAINED
THROUGH TAX FORFEITURE
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-274 RECONVEYING CERTAIN TAX
FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE
COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID
TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS
OF ADJOINING LANDS.
Motion carried on a roll call vote, four ayes.
ITEM 6-P SET HEARING ON LIQUOR LICENSE FOR CHANGE IN
OWNERSHIP - IVORIES
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-275 SETTING PUBLIC HEARING ON
ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE
APPLICATIONS FOR JIMWIN INC., D/B/A IVORIES RESTAURANT,
605 NORTH HIGHWAY 169, SUITE 150.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 10
ITEM 64) GARBAGE HAULER LICENSE - DAVE'S SANITATION
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-276 APPROVING GARBAGE HAULER
LICENSE FOR DAVE'S SANITATION.
Motion carried on a roll call vote, four ayes.
ITEM 6-R SET HEARING FOR VACATION OF EASEMENTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-277 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF A PORTION OF A DRAINAGE AND
UTILITY EASEMENT, LOT 6, BLOCK 4, BASS LAKE ESTATES
ADDITION.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-278 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF A PORTION OF SHENANDOAH
LANE STREET RIGHT-OF-WAY AND ADJACENT DRAINAGE AND
UTILITY EASEMENTS ABUTTING OUTLOTS N AND R, PARKERS
LAKE NORTH 2ND ADDITION.
Motion carried on a roll call vote, four ayes.
ITEM 6-S DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-279 REDUCING DEVELOPMENT
BOND, PLYMOUTH POINTE ADDITION (92034).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-280 REDUCING DEVELOPMENT
BOND, PINE RIDGE AT BASS LAKE ADDITION (86147).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 11
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-281 REDUCING DEVELOPMENT
BOND, CHURCHILL FARMS 5TH ADDITION (93005).
Motion carried on a roll call vote, four ayes.
ITEM 6-T AWARD CONTRACT FOR COUNTY ROAD 24/MEDINA ROAD
IMPROVEMENTS, PROJECT 031
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-282 AWARDING BID, COUNTY ROAD
24/MEDINA ROAD - PHASE I, CITY PROJECT NO. 031.
Motion carried on a roll call vote, four ayes.
ITEM 6-U ADOPTING ASSESSMENTS FOR VFW UTILITIES, PROJECT 211
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-283 ADOPTING ASSESSMENTS, PIN 7-
118-22-32-0010, PLYMOUTH VFW POST 5903 - SEWER AND WATER
SERVICES IMPROVEMENT, CITY PROJECT NO. 211.
Motion carried on a roll call vote, four ayes.
ITEM 7-A BANNER ENGINEERING INDUSTRIAL DEVELOPMENT
REVENUE REFUNDING BONDS
Mayor Bergman opened a public hearing at 8:00 p.m. on the request of Banner
Engineering for refunding of industrial development revenue bonds. No one
appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-284 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA (THE "CITY")
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE
CITY'S INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS
BANNER ENGINEERING CORP. PROJECT) SERIES 1993A AND
SERIES 1993B (THE "BONDS"), WHICH BONDS AND THE INTEREST
AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM
REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS;
AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF
THE OWNERS OF SAID BONDS.
Regular Council Meeting
May 17, 1993
Page 12
Motion carried on a roll call vote, four ayes.
ITEM 8-A LAUKKA-WILLIAMS PARKERS LAKE. MPUD PREL.
PLAN/PLAT AND CUP FOR PARKERS LAKE NORTH 9TH ADDITION (93028)
Community Development Director Dillerud presented the staff report on the
application of Laukka-Williams Parkers Lake for Mixed Planned Unit
Development Preliminary Plan/Plat and Conditional Use Permit for "Parkers Lake
North 9th Addition" located northeast and southeast of the intersection of
Shenandoah Lane and Vicksburg Lane. The proposed development would be 183
townhouse style dwelling units on 56 acres. The Planning Commission
recommended approval of this request.
He stated the Planning Commission discussed that the applicant proposes to adjust
densities within the outlots of the approved Parkers Lake MPUD to move units
from the north part of the area to be now developed to the south part. A portion
of the north part will be designated an outlot for future development in which 34
dwelling units will remain assigned after utilization of the dwelling units available
by the approved MPUD Plan in the other two areas. It was a concern of staff that
this outlot area of only 34 dwelling units would result in a net density of less than 3
units per net acre. The approved PUD Concept Plan calls for this area to have a
density well in excess of 3 units per net acre. It is the intention of the developer to
work with the owner of high density property immediately to the east to move
units from this high density to fill out the density on the parcel that will remain as
an outlot in the future. However, should this negotiation not be fulfilled, the 34
units would be all that would be available to the developer in the future. The
Planning Commission was satisfied with the developer's statements that he was
fully aware of the consequences regarding a mere 34 units in the outlot that will
remain within Parkers Lake North 9th Addition.
As a result of change in wetland definitions, the developer made commitments as a
part of an earlier subdivision (Parkers Lake North 7th Addition) for wetland
mitigation elsewhere on the Parkers Lake North PUD. It had been understood by
the Park Director that the arrangements were for additional wetlands to be created
on the neighborhood park site adjacent to this now proposed development location
in return for construction of a trail surrounding the wetland area, which had not
been a part of the previously approved PUD Plan. The developer states that he
had not agreed to that and is unwilling to construct the trail.
Because of this disagreement with regard to the trail arrangements, staff suggested
that it may be necessary to provide wetland mitigation within the Parkers Lake
North 9th Addition, as no area for mitigation other than within the park may be
available. Subsequent to the Planning Commission meeting, however, a revised
arrangement has been entered into between the Park Director ad the developer for
Regular Council Meeting
May 17, 1993
Page 13
an alternative plan whereby additional land would be dedicated to the City for park
purposes at another location. The Planning Commission also recommends an
amendment to the Engineer's Memo to waive construction of B612 curb on the
interior roadways of the project, consistent with prior development standards for
other Laukka townhouse projects in Parkers Lake North.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
adopt RESOLUTION 93-285 APPROVING MIXED PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL
USE PERMIT AND SUBDIVISION ORDINANCE VARIANCE FOR
LAUKKA-WILLIAMS PARKERS LAKE LOCATED AT THE
NORTHEAST AND SOUTHEAST CORNERS OF SHENANDOAH LANE
AND VICKSBURG LANE (93028) (MPUD 83-1), including the alternate plan
agreed to the Park Director and the developer for wetland mitigation purposes.
Motion carried on a roll call vote, four ayes.
ITEM 8-E FENCEILANDSCAPING ALONG NORTHWEST BLVD. ADJACENT
TO HUBBELL PROPERTY, 12935 54TH AVENUE NORTH
Public Works Director Moore requested that the Council determine whether to
modify their original terms for constructing a landscaping fence along the portion
of Northwest Blvd. south of 54th Avenue adjacent to the Hubbell property. He
recommended that a six foot high wood fence with plantings be constructed
adjacent to the Hubbell property only if the Hubbells agree in writing to accept the
ownership of the fence for future maintenance, etc., as previously established by
the Council.
He stated that following the Council's previous approval of a fence and
landscaping abutting four properties along Northwest Blvd., three of the four
property owners signed an agreement to accept ownership of the fence for future
maintenance. However, Alan and Vicky Hubbell, 12935 54th Avenue,
substantially modified the proposed agreement and returned it to the City. The
Hubbell's have requested that a determination be made now as to whether their
modified agreement is acceptable to the Council so that the fence construction can
be done along with the railroad bridge construction in the fall of 1993. The
Hubbell's have requested that: 1) The City clear, sod, and landscape the existing
natural area between the fence and the existing maintained yard; 2) The fence not
be considered as to property value; 3) The property owner not be responsible for
maintenance due to violent weather or vehicle damage; and 4) The homeowner has
no liability from third parties.
Mayor Bergman stated there is also a large crack and dip in the Hubbell's driveway
resulting from construction that he believes the City should correct.
Regular Council Meeting
May 17, 1993
Page 14
Vicky Hubbell, 12935 54th Avenue North, stated that she believes the City,
through a letter dated February 26, 1993, agreed to do certain work in exchange
for the Hubbell's granting right-of-way for construction purposes. She concurred
with the Mayor's comments with respect to the driveway, and stated an earlier staff
letter indicated there would be "no visible seams" in the driveway. Ms. Hubbell
stated the City also indicated the house foundation would be checked prior to
construction, the tree drip line would be marked, and the unmaintained area would
be cleared and sodded for easier maintenance. She stated that ownership of the
fence was not mentioned in the Council's earlier action, and her insurance agent
stated her current policy would not cover the fence.
Councilmember Edson asked if the fence construction abutting the other three
properties is on the property line.
Public Works Director Moore stated the other property owners requested that City
property be vacated so that the fence could be installed 11 feet further toward the
street than was originally proposed. That proposal and the vacation has been
approved by the City Council.
Councilmember Edson stated that it appears the Hubbell fence would be on City
property. He questioned if it was appropriate to require private property
ownership of a fence on public property.
Director Moore stated staff would recommend that the property line be extended
to the proposed location of the fence. The City would deed the property to the
Hubbell's, as they did to the other three affected property owners.
Councilmember Tierney stated the Council's clear intent when approving the fence
was that the abutting property owners would assume maintenance of the fence.
Councilmember Edson stated the City does not want long-term obligation for the
fence. This is an offer made by the City to the property owner, and the property
owner needs to decide whether to accept it. The alternative is that the City will
not construct the fence. He stated the conditions need to be the same as they were
for the other three properties affected by the fence.
Mrs. Hubbell stated the Council's earlier motion related to maintenance; not
ownership. She stated the proposed agreement discussed ownership of the fence,
but not have additional property deeded to the property owner. She also stated
the City indicated it would clear and sod the natural area abutting the fence for
easier maintenance by the property owner.
Regular Council Meeting
May 17, 1993
Page 15
Director Moore suggested that this area be left in its natural state for screening
purposes until the roadway grading is completed. The property owner can then
decide if they would prefer to retain the natural area or have the area cleared.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
approve the following: 1) City will install the fence as indicated on the current plan
with the condition that the property owner accept ownership and maintenance of
the fence, as well as ownership of the property between the current property line
and proposed fence location; 2) City will clear and/or sod the natural area between
the current property line and the proposed fence location following grading of the
roadway at the discretion of the property owner; 3) City will install a drip line
around the trees; 4) City will inspect the house foundation prior to road
construction; 5) City will repair or replace the driveway at the discretion of the
property owner; 6) City will initiate proceedings to declare the property between
the current property line and the proposed fence location as surplus in order to
deed it to the property owner.
Motion carried on a roll call vote: three ayes; Helliwell abstained.
ITEM 8-11 OPTIONS FOR PROPOSED CITY CENTER EXPANSION
Mike Trossen, Trossen-Wright Architects, reviewed the needs study for the City
Center conducted in 1991 and noted the study contemplated needs to the year
2011. On March 29, 1993, the Council was briefed on various options available
for the City Center expansion. The options that received the most consideration
were completing the project as designed, completing the major construction but
not finishing the lower level section until space requirements prove need, and
utilizing the space vacated by the Public Safety Department only.
Mr. Trossen stated that the current estimate for the project as designed is
3,093,200, or about $75,000 less than the previous estimate. This is due to the
favorable bidding climate.
Property Management Coordinator Tabery recommended that the City Council
accept the construction drawings and specifications for the City Center expansion
project.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-286 ACCEPTING CONSTRUCTION
DRAWINGS AND SPECIFICATIONS FOR CITY CENTER EXPANSION
PROJECT.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 16
Coordinator Tabery recommended that the Council authorize staff to solicit bids
for construction of the City Center expansion. He stated the Council will have
firm information on the bidding market from which to make a decision whether to
proceed with the project. He stated the Council could accept bids for the entire
project or phased construction.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-287 AUTHORIZATION FOR PHASED
CONSTRUCTION OF CITY CENTER EXPANSION.
Councilmember Edson noted that the proposed resolution does not specify a
construction alternative. He suggested that several options could be bid.
MOTION to amend the main motion was made by Councilmember Edson,
seconded by Councilmember Tierney, to seek bid alternates to determine the cost
of the full project as planned, and to also cost each of the following options
separately: 1) Building the addition, but finishing only the upper floor of the new
addition; and 2) Remodeling of all existing spaces, including the old public safety
space on the lower level.
Mayor Bergman asked for how long the bids are good once they are received.
Mr. Trossen stated that typically the City specifies 90 to 120 days; however, the
City could specify a longer time.
Mayor Bergman noted that this is an election year where the City Council will be
expanded to seven members. He would prefer that the larger Council have the
opportunity to make this decision.
Councilmember Tierney asked about the time frame for the bidding process.
Coordinator Tabery stated the architect would first modify the plans to comply
with the direction of the Council with respect to options; then bids would be
advertised, received, and presented to the Council for consideration. The process
could take about three months, or it could be extended to six months or longer.
Manager Johnson asked the architect whether a six month or longer process could
affect the bids.
Mr. Trossen stated that inflation would increase the bids. Also, additional costs
with winter construction could amount to an additional 2-3% of the total project
cost.
Regular Council Meeting
May 17, 1993
Page 17
Councilmember Edson asked when construction could start if the Council
proceeded with the bidding process now.
Mr. Trossen estimated that bids could be received in July, with construction
starting about September.
Motion to amend carried on a roll call vote, three ayes; Bergman nay.
Main motion as once amended carried on a roll call vote, three ayes; Bergman nay.
ITEM 8-D SET PUBLIC IMPROVEMENT HEARINGS - PROJECT 308 AND
310
Public Works Director Moore recommended that the Council establish a public
improvement hearing on the following projects: 1) New County Road 9 from
Vicksburg Lane to Highway 55, Project No. 310; and 2) Dunkirk Lane from Old
Rockford Road to New County Road 9, Project No. 308. He stated that the
Council discussed assessment alternatives for these projects on May 3. In
response to questions raised by affected property owners at that meeting, he
explained that the City will not receive money from Hennepin County for the
construction. Although New County Road 9 will become part of the County
system after its construction, at the present time it is not part of the County's plans
to construct the roadway within the next five years. It has been the City's position
that the necessary roadway system should be in place concurrently with the
development of the area.
Director Moore described the method used in determining the $100 per front foot
proposed assessment. He stated as part of the overall assessment method, the
Council could include costs of right-of-way dedication from the developer for
County Road 9. He stated that staff would recommend adding the office area at
the northwest corner of Vicksburg Lane and Highway 55 to the public
improvement hearing notice.
He suggested that the Council establish a public improvement hearing on the
projects. No estimated assessments other than the total amount proposed to be
assessed would be presented prior to the public improvement hearing. After the
hearing, the Council would then make a determination on the assessment method.
Fred Lips, 14405 38th Avenue North, stated concerns that County Road 9 at
Fernbrook Lane is not scheduled for reconstruction until 1995. He questioned
how this project can move forward without the intersection improvements at
Fernbrook Lane. He also stated concerns that the I-494/Schmidt Lake Road
interchange is not currently scheduled for construction.
Regular Council Meeting
May 17, 1993
Page 18
Director Moore stated the City has requested that the County upgrade County
Road 9 for years. He stated that preliminary plats have been approved in the
proposed project area, and it is important that the improvements are in before
construction begins. He stated that construction of this portion of County Road 9
may place additional pressure on the County to reconstruct the remainder of
County Road 9.
Bill Pritchard, Orrin Thompson Homes, supported the Council establishing a date
for the public improvement hearing. He also supported the staff recommendation
that the office property at Vicksburg Lane and Highway 55 be included for public
hearing notice purposes. He stated he would like more definitive assessment costs
on a per foot basis.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
adopt RESOLUTION 93-288 CALLING FOR HEARING ON
IMPROVEMENTS, NEW COUNTY ROAD 9 - VICKSBURG LANE TO
HIGHWAY 55, STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT NO. 310.
Rick Sathre, Sathre-Bergquist Inc., represented the Sugar Hills developers. He
supported the public hearing date being established. He stated the Sugar Hills
developers support the idea that some type of area assessment is appropriate
because they feel the actual abutting owners are negatively benefited by the
project. They support the per lot assessment approach but believe it should be
modified to decrease the assessment to lots within a certain distance of Dunkirk
Lane and County Road 9. He stated that lots dependent on the roadway for access
should be levied a higher assessment, and right-of-way dedication and previous
assessments paid for improvements should be considered as some type of credit to
the assessments.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-289 CALLING FOR HEARING ON
IMPROVEMENTS, DUNKIRK LANE - STREET AND UTILITY
IMPROVEMENTS, CITY PROJECT NO. 308.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 19
ITEM 8-F EAW/ALIGNMENT STUDY, SCHMIDT LAKE ROAD/PEONY
LANE FROM VICKSBURG LANE TO HIGHWAY 55, PROJECT 316
Public Works Director Moore stated the Capital Improvement Program indicates
for 1995 the construction of Schmidt Lake Road westerly of Vicksburg Lane, and
then southerly along the existing alignment of Peony Lane to intersection with
Highway 55. Before development proposals are received within this area, a final
alignment needs to be determined for the roadway. In accordance with State
regulations, an Environmental Assessment Worksheet (EAW) is required. The
Council previously requested proposals from Strgar-Roscoe-Fausch, Inc., and
Bonestroo Rosene Anderlik and Associates to undertake this study.
The consultants were requested to submit a proposal to analyze two alternate
alignments, along with a no build analysis. The proposal received from Bonestroo
Rosene Anderlik and Associates does not include the no build alternative. He
recommended authorizing Strgar-Roscoe-Faust Inc., to prepare the necessary
alignment/EAW study for this roadway segment. Their proposal included the no
build alternative and they proposed a cost not to exceed $45,000.
Richard Bloom, 14600 Woodruff Road, Wayzata, represented Weston
Corporation. He supported authorizing Strgar-Roscoe-Faust Inc., to prepare the
study so the improvements can move forward in a timely manner.
Joe Domagala, 17705 County Road 24, asked if the roadway could be aligned to
avoid impact to the Hollydale Golf Course.
Director Moore stated he has spoken with one of the golf course owners. The golf
course property will likely be affected because the roadway would have to
otherwise cross the railroad tracks.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION 93-290 AUTHORIZING PREPARATION
OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) AND
ALIGNMENT STUDY, SCHMIDT LAKE ROAD/PEONY LANE FROM
VICKSBURG LANE TO HIGHWAY 55, CITY PROJECT NO. 316.
Motion carried on a roll call vote, three ayes; Helliwell nay.
0
Regular Council Meeting
May 17, 1993
Page 20
ITEM 8-G AUTHORIZE PRELIMINARY ENGINEERING REPORT FOR
HOLLYDALE WATER TOWER, PROJECT 212
Public Works Director Moore presented the staff report and recommended that the
Council authorize Bonestroo, Rosene, Anderlik and Associates to prepare the
Preliminary Engineering Report for the proposed water tower as indicated in the
City's Comprehensive Water Plan at Vicksburg Lane and Schmidt Lake Road.
Richard Bloom, representing Weston Corporation, spoke in favor of the
recommendation. He stated that he is pleased that the recommended firm will take
aesthetic considerations into account during design.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-291 ORDERING PREPARATION OF
PRELIMINARY REPORT, HOLLYDALE WATER TOWER, CITY
PROJECT NO. 212.
Motion carried on a roll call vote, four ayes.
ITEM 9-A 1993 AGREEMENT WITH THE CLERICAL, TECHNICAL,
PROFESSIONAL BARGAINING UNIT
Personnel Coordinator Sobania presented the proposed labor agreement between
the City and AFSCME, Local 3839, representing Clerical, Technical, and
Professional employees. She compared the provisions of the proposed contract
with the personnel policy, and described the budget impact for 1993. This is a
one-year contract.
Councilmember Edson stated the Council favored a one-year contract for 1993
due to the uncertainty of proposals at the legislature to freeze or otherwise affect
local government wages.
Councilmember Helliwell she would support efforts in future years to get multi-
year contracts.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION 93-292 APPROVING THE LABOR
AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND
PLYMOUTH CLERICAL, TECHNICAL, AND PROFESSIONAL
EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 3839, FOR THE
CALENDAR YEAR 1993.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
May 17, 1993
Page 21
ITEM 9-B STATE AUDITOR PROPOSAL TO INVESTIGATE EMPLOYEE
COMPENSATION PRACTICES
Manager Johnson stated a proposal has been received from the State Auditor to
investigate employee compensation practices. The investigation would: 1)
Determine the recipients of the questionable compensation items; 2) Determine the
period of time in which the questionable compensation has been in effect; 3)
Ascertain where the payments are included in reports to the City Council, as well
as to other third parties; and 4) Determine what authority and approval was given
for the payments. There would be no charge for the investigative services or work
performed by the State Auditor's office; however, an outside consultant would be
paid directly by the City at a cost not to exceed $10,000. Manager Johnson stated
the cost of a full audit would be at least $20,000.
Councilmember Edson expressed concern about using the State Auditor for this
investigation because the proposal does not address whether recommendations on
the City's internal controls and accounting procedures will be made following the
investigation.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
adopt RESOLUTION 93-293 ACCEPTING THE PROPOSAL BY THE
MINNESOTA STATE AUDITOR'S OFFICE TO CONDUCT A SPECIAL
INVESTIGATION INTO THE EMPLOYEE COMPENSATION
PRACTICES OF THE CITY OF PLYMOUTH, with the condition that
specific recommendations for improving internal controls and accounting
procedures be made by the State Auditor, if warranted, at the conclusion of
the investigation.
Motion carried on a roll call vote, four ayes.
ITEM 9-C APPROVAL OF DISBURSEMENTS
Finance Director Hahn explained format changes to the disbursements report. A
brief invoice description is now provided for each item. Items such as maintenance
agreement payments, Section 8 payments, recreation program and other refunds,
attorney billings, and utility payments will be paid as received. Items such as
payments for auditor services, conference registration and hotel deposits if there is
sufficient lead time, and insurance, will be presented to the Council for approval
before payment. He asked that the Council provide direction if further revisions to
the disbursement reports or process is desired.
Regular Council Meeting
May 17, 1993
Page 22
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-294 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MAY 7, 1993.
Motion carried on a roll call vote, four ayes.
ITEM 9-D PROJECT STATUS REPORT
Public Works Director Moore presented the project status report.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to accept the Project Status Report.
Motion carried, four ayes.
ITEM 9-E INSURANCE CLAIMS REPORT
Finance Director Hahn presented the quarterly insurance claims report.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to accept the insurance claims report.
Motion carried, four ayes.
ITEM 9-F CITY COUNCIL INFORMATION MEMORANDUM
Manager Johnson reminded the Council of the Bass Lake Playfield Grand Opening
on May 19 and the registration deadline for the League of Minnesota Cities Annual
Conference. He stated that the proposal for a youth center discussed earlier at the
Forum will be added to the topics for the May 24 Council study session.
Mayor Bergman suggested that the Council should consider how best to market
the former library property, perhaps in conjunction with the re-established Port
Authority. He requested that staff provide a report on this topic.
Manager Johnson reported that the 30 days in which Cavanaugh could reclaim the
property has expired.
Attorney Meller stated the cost of the site is still under appeal by both parties.
The meeting was adjourned at 10:16 p.m.
ItGc. ILG i
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9
t6 Clerk