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HomeMy WebLinkAboutCity Council Minutes 07-02-19900 MINUTES REGULAR COUNCIL MEETING July 21 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers :f the City Center at 3400 Plymouth Boulevard on July 2, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: Assistant City Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Park Superintendent Peterson, Attorney Heine, and City Clerk Rauenhorst. W--1 .4z ::. _ s__ •i Mayor Bergman presented a check for $200 to Recycling Winner Joseph Wittig for the "It's Not Trash, It's Cash" Item 4-A Recycling Program. Items 8-I, 8-J-3, and 8-N-3 were removed from the Consent Agenda. MOTION was made by Councilmember Ricker, seconded Consent Agenda by Councilmember Helliwell, to adopt the Consent Item 5 Agenda as amended. Motion carried on a roll call vote, five ayes Y l MOTION was made by Councilmember Ricker, seconded Minutes by Councilmember Helliwell, to adopt the minutes Item *6 from the June 18 and 22, 1990, meetings. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing on vacation of a drainage easement on Lot 9, Block 1, Zachary Regular Council Mooting July 2, 1990 Page 246 Hills Addition at 7:04 P.M. No one appeared for the hearing, and the hearing was closed at 7:04 p.m. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-391 AUTHORIZING THE VACATION OF CERTAIN UTILITY AND DRAINAGE EASEMENTS WITHIN LOT 91 BLOCK 1, ZACHARY HILLS ADDITION. Motion carried on a roll call vote, five ayes. Public Works Director Moore described proposed City Project No. 012, construction of 20 inch trunk watermain along County Road 101 from the now water tower, northerly to the intersection of Peony Lane and County Road 9, and a 16 inch trunk watermain extenesd easterly from Peony Lane alone Zhe north side of County Road 9 to existing watermain at Xene Lane. The estimated projet.t cost foz `.he watermain is 5678,901. The total proposed assessments are $1,745,938. Director Moore explained that the amount for proposed assessments includes area assessments to pay for the overall water system improvements. Mayor Bergman opened the public improvement hearing n Project No. 012 at 7:12 p.m. Richard Blevins, 16440 Old Rockford Road, aoked why watermain is proposed to run on the north side of Old Rockford Road rather than the south sidm. Most of the existing residences are on the nor,::: side of the road and there would be less disturbance if the watermain were installed on the south side. He asked why sewer is not also being installed at the same time for cost effectiveness, Director Moore etatted there are existing utilities, such as telephone, on the south side of Old Rockford Road. The north side was chosen as the best location for watermain from the preliminary studies. He stated that sanitary sewer will be installed in the future to serve the are:.. It is a separate installation and there would bt little, if any, cost savings of installing both sewer and watermain at the same time. 11 VACATION OF EASEMENTS IN ZACHARY HILLS ADDITION Item 7-A Public Hearing Project No. 012 Item 7-B ID r. u Regular Council Meeting July 2, 1990 Page 247 Mr. Blevins stated he has a commercial well and has no need for the proposed watermain. He stated he needs sewer; not water. Mr. Blevins Stated he owns five acres, much of which is not developable. Councilmember Vasiliou asked what Mr. Blevins meant by "not developable." Mr. Blevins stated much of his property is lowland. It is guided as R -1A which requires a 125• frontage per lr*. He stated it would be very difficult to get adequate fill to develop and divide the parcel. Mary Wenzel, 18820 County already paid an assessment trunk sewer service. She charged for sewer again i nRoad 24, stated she has for the southwest asked if they would he the future. Director Moore stated that some parcels have had a previous assessment. TIM records are being researched to ensure that if a parcel was previously assessed, it would not be assessed again for the same eervice. Arnie Wantland, 17535 Old Rockford Road, stated he was recently assessed for sewer. Director Moore stated that if the Council proceede with this project, sewer and water service should be available to Mr. Wantland's property by spring, 1991. Mr. Wantland was concerned about the developability of his land because the sewer service would come through the rear of his property, and the water service line would co:1e through the front of his property. He has a well that is three years old and does not need water service. Mr. Wantland stated he needed the sewer service he received, He noted that if he had water and sewer service, he would have the option of developing the property. Nick Hyduka, 16300 Old Rockford Road, agreed with Mq%, Blew's comments. He stated the majority of l.;.s frontristjo is on County Road 9 and slopes down IU 0 Regular Council Meeting July 2, 1990 Page 246 into a lowland area. The rear of his property is designated as wetlands. He objected to being assessed for an area that couldn't be developed. Mr.. Hyduke stated he has a new well and septic system and the proposed project will not benefit his property. Mr. Hyduke stated he is in the process of landscaping his property and does not want it disturbed. Terri Hyduke, 16300 Old Rockford Road, stated the property owners on the north side of the Old Rockford Road have new wells and don't need the water service. She questioned the process to appeal the future assessment and how the assessment for her parcel would be derived since they consider their property unbuildable. Ms. Hyduke stated her objection to the project. Director Moore responded that an assessment hearing would be hold following completion of the construction. Property owners proposed to be assessed would be notified of the public hearing. Director Moore stated that the City Council has the authority to defer an assessment for a certain period of time or until the property becomes buildable. Terry Forbord, Lundgren Brothers, appeared in support of the proposed project. He noted that some of the parcels owned by Lundgren Brothers may have previously been assessed for area chargee and, therefore, would not be reaEsessed for the same service. Harold Winterhalter, 18260 Medina Road, stated that he is currently being assessed for sewer which isn't available to serve his property and now watermain is proposed which also will not be available to his property. He stated it is unfair to assess existing properties for improvements which will accommodate the development of new land. Mr. Winterhalter stated he may not object to the project if sew3r and water service was available to his property line. Director Moore stated the Preliminary Engineering Report for the Medina Road project has not been IE Regular Council Meeting July 2, 1990 Page 249 rLceived yet, but those services may be included in that project. Mr. Winterhalter stated he has a definite future benefit by having these services installed, however, the assessment should be deferred at this time. Len Busch, 4045 Highway 101, stated he has two wells and the proposed project is not of value to him. He questioned whether the property can even be served by sewer in the future without a lift stetion. Mr. Busch agreed with Mr. Winterhalter that the benefit of the improvement may be realized some time in the future, therefore, the assessment should be deferred at this time. Mayor Bergman closed the hearing at 7:34 p.m. Councilmember Helliwell asked if new development is the reason this proj;ct is proposed. Public Works Director Moore stated that the City Council recently opened this western area of the City for development. Most of the properties affected by this project are large enough that they can be oubdivided in the future. Councilmember Zitur questioned the past practice on deferral of assessments in similar situations and how wetland areas are treated for assessment purposes. Director !Moore stated in the past the Council has deferred a portion of the front footage assessment for homestewded parcels until subdivision occurs or for a certain length of time. He stated that once utilities are available to these parcels, the property values will increase. Director Moore reminded the Council that although water and sewer service was discussed during the public hearing, this project proposes only trunk watermain. He stated that wetlands are normally excluded from assessment charges. Councilmember Ricker noted that the real need for services at this time is to servic.s the new school and proposed development in the area. Aeqular Council O'uly 2, 1990 Page 250 Meeting However, most of the parcels proposed to be assessed are the existing properties. He stated that a deferral could be used but the City Mould be paying the costs until some time in the future. Councilmember Ricker stated he could not support the project until he has heard a proposal for how the assessments would be spread. Councilmember Vasiliou agreed that the Council should discuss the issue in greater detail after receiving the recommendation of the Special. Assessment Committee. She stated that the school district is aware that a condition of occupancy of the new school is water to the sitee MOTION was made by Councilmember Ricker, seconded by Councilmember Vaciliou, that the project be referred to the Special Assessment Committee to develop a proposed plan of how the assessments could be spread and what portion could be deferred. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-392 APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR PRUDENTIAL INSURANCE COMPANY FOR "NORTHWEST BUSINESS CAMPUS" 89102) . hotion carried on a roll call vote, five ayes. MOTION was made by Couracilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-393 APPRO-IING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR MUTUAL INVESTMENT PROPERTIES FOR ENLARGED OUTSIDE STORAGE AT "MINN- WELL SUPPLY COMPANY" (90023). Motion carried on a roll call vote, five ayes. Community Development Director Tremere explained the request of Robert Larsen Partners for a Preliminary Plat/General Development Plan and Variance for the existing Plymouth Shopping Center in the southeast quadrant of Highway 55 and Cottonwood Lane (90024). The General Development Plan proposes an addition to the U3010710N 90-392 APPROVING MIXED USE PUD CONCEPT PLAN FOR NORTHWEST BUSINESS CAMPUS 89102) Item *8-A PASO Litt M, 3.0-1931 APPROVING AMENDED CUP AND SITE PLAN FOR JINN -WELL SUPPLY COMPANY 90023) Item *8-B IE 0 Regular July 2, Page 251 Council 1993 Meeting existing shopping center structure of 6,127 square feet and 27,010 square feet of new construction in three structures. Director Tremere explained the -variance is to permit the location of a second structure on proposed lot whish would contain the existing shopping center. There is a utility easement the property !raking it necessary to have a separate building an the same parcel if the ev.isting structure is to be enlerged to avoid building over the sewer easement. The the on partnership would prefer not to create a second parcel. Director Tremere stated a related issue is the proposed realignment of County Road 73. The proposed Preliminary Plat and General Development Plan are responsive to the amended Thoroughfare Guide Plan for this area. Councilmember Vasiliou stated there is concern from the neighbors regarding the proposed County Road 73 realignment. Some residents believe all abutting homes will bs removed through condemnatio,a. She stated the residents and Council should be kept informed of the status of this project. Director Tremere stated the proposed realignment f County Road 73 has been in the Thoroughfare Guide Plan for a number of years. However, the Council can consider this Preliminary Plat proposal on its own merits, without regard to County Road 73, The Cruncilmembers discussed whether an informational letter should be sent to County Road 73 residents. Councilcnember Vasilinu stated if there are plans for the realignment, they should he sh%red with residents. Councilmember Ricker stated that County Road 73 will likely be reconstructed, but the timing will be determined by the County's decision to fund the rezlignment. PuY,lic Works Director Moore stated the a iailable County Road 73 realignment graphics were prosented to the Council at the last t oet tmg, The County is now being approached for exi emit! ing IE Regul •r Council Meeting July :., 1990 Page 252 and funding the realignmecit. The staff recommendation is that the Robert Larsen Partners proposal could priceed without the County Road 73 realignment. Director Moori stated that Condition No. 24 of the Hngineerie Memo specifies conditions under which the euisting accee:: to Highway 55 will remain open until the new frontage road and County Road 73 are constructed. Hu presented a aketck that showed an acceptaile interim plan. Kelly Doran, 730 2nd Avenue South, Suite 281, Minneapolis, representing The Robert Larsen Partners, stated a previous Preliminary PlLt application submitted about 18 months ago was denied by the Council because it did not conform to the Thoroughfare Guide Plan. The current proposed Preliminary Plat conforms to the Thoroughfare Guide Plan. He stated the developer is not a particular propoi.ent of the County Road 73 realignment because the property, in their view, can be ie-reloped without the realignment. Mr. Doran stated the developer a3sees with the staff recommendations and propo.6d conditions for a»proval . Harvey J. Schiebe, 1215 Goldenrod Lane, opposed closing the access to the shopping center from Highway 55 at Best Medicine Lake Qrive. He suggested allowing ingress to the center at that point, but no egress. Publ'c Works Director Moore eXpl31ned that Highway 55 is claesi:ied as a major arterial, therefore, access from the center should be through a frontage road oz a street to the side of the shopping center. He stated the additional problem in this location is the limited distance between the existing frontage road and Highway 55. The distance is so close, people would exit from the shopping center as well enter even if signs prohibiting egress were posted. Mtrilyn "hompson, 11018 Old County Road 15, stated she has concerns about the development and the proposed realignment of County Road 73. She aAed at)ut the ownership of the shoppinc center property. 4 4 Regular Council Meeting July 2, 1990 Page 253 Mr. Doran responded that the Robert Larsen Partners has a contract to purchase the property. Mrs. Thompson stated she is concerned about more fill being placed in the area and effects to the storm water drainage system and ground Mater. She also stated concern with the amount of wetlands that have been filled in the southwest area of the City. Mrs. Thompson stated trees could be lost behind the shopping center due to the development, and many mature trees would be lost if County hood 73 is realigned. Mrs. Thompson stated she does not believe the Traffic projections that justify realignment of County Road 73 aro accurate. She stated county personnel also do not believe the amount of traffic justifies realignment. Mrs. Thompson stated the I-394 construction has made traffic patterns very unsettled and possibly not valid. She asked when the most recent traffic studica were done on in this area and which firms cunducted the studies. Director Mooro stated studies were conducted in the fall of 1989 in conjunction with the updating of the Thoroughfare Guide Plan. Community Development Director Tremere stated the staff's concerns about traffic let•els have increased because of the traffic that will be generated by the pla: •ed full int •3rchange at County Road 73 and I-394, as well as the commercial rezoning of the property in the City of Minnetonka directly south of the Plymouth municipal boundary. Mrs. Thompson expressed concern about whether more shopping can be economically justified in the area. She stated the existing center has full occupancy and a low business turnover rate. Mayor Bergman stated that the economic viability of the project is a function of the marketplace. He asked if there would be encroachment on the wetlands as a result of the shopping center expansion. Regular Council Meeting July 2, 1990 Page 254 Director Moore stated both DNR protected wetlar#ia and Army Corps of Engineers wetlands exist on the parcel. If the Preliminary Plat is approved and the developer proceeds with the project., the developer would have to obtain the necessary permits from the DNR and Corps of Engineers prior to fill for construction. Councilmember Helliwell noted that Conditions 6, 7, and 8 of the proposed resolution approving the Preliminary Flat, relate to tree protection and minimizing the impact on the wetlands. Bruce Thompson, 11018 Old County Road 15, stated that the development hinges on the County Road 73 realignment and yet the developer has n -.-,t addressed the impacts of such a realignment. He stated loss of his home is one impact of the proposed realignment. Mr. Thompson stated significant excavation will be required for the shopping center construction and soil stabilization costs will be substantial. He stated that based on traffic studies, certain Hennepin County staff members do not believe realignment of County Road 73 will be warranted for the next twenty years. Mr. Doran stated that The Robert La.. -sen Partners proposal is not contingent on the realignment of County Road 73. The developer intends to proceed with the reconstruction and expansion of the shopping center whether or not County Road 73 is realigned. Mr. Doran further explained that if the County does not proceed with the realignment project plans and financing, the developer could not comply with the Thoroughfare Guide Plan. He stated the developer would then return to the Council and request exemption from compliance with the Thoroughfare Guide Plan. Councilmember Ricker suggested that a condition be added to the resolution that the County Road 73 realignment must be approved and supported by the County before this development is approved r Regular Council Meeting July 2, 1940 Page 255 MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-394 APPROVING PRELIMINARY PLAT AND GENERAL DEWLOPMENT PLAN FOR ROBERT LARSEN PARTNERS FOR PLAZA 55 SHOPPING CENTER" (90024). Councilmember Zitur noted that the Planning Commission recommendation for approval was on a vote of 5-1. The dissenting Commissioner stated opposition to the County Road 73 realignment; not the shopping center redevelopment proposal. Councilmember Zitur stated that some type of redeveiopment is needed on the property. In response to a question by Councilmember Ricker, Mr. Doran again stated that he would attempt to proceed with the proiect even if County Road 73 realignment is not supported and undertaken by the County or City. MOTION to amend the main motion wa& made by Councilmember Ricker, seconded by Councilmember Zitur, to add Condition No. 11 that consideration of the Final Plat would be delayed until county aid is secured for the County Road 73 realignment. Staff members recommended against such an amendment citing the law and regulations regarding subdivision approval. Director Moore noted that the shopping center could develop prior to the County Road 73 realignment, if temporary access is provided for as outlined in the Engineer's Memo. He stated this shopping center proposal alone is not determin:.ng the need for the realignment. It is needed be,:ause of the overall traffic generated because of the 1- 394/County Road 73 interchange and the commercial rezoning of property in Minnetonka and development within Plymouth. Att..orney Heine stated the d*.veloper would be granted approval of the final plat only if he complies with all conditions sot forLA in a resolution adopted by the Council. The current proposal complies with the Thorcayhfare Guide Plan. MOLUTION 9V-394 APPROVING PRE.j. PLAT AND GENERAL DEnLOPMENT PLAN FOR PLAZA 55 SHOPPING CENTER (90024) Item 8-C Regular Council July 21 1990 Palp 256 Meeting Comuunity Development Director Tremere stated that if the developer cannot comply with all conditions of an approving res -elution, the developer would have the option of applying for a Revised Preliminary Plat, which would include a public hearing process. Councilmember Va siliou agreed with Courcilmember Ricker that the Council should wait until County supportfor the County Road 73 realignment is secured before granting Preliminary Plat approval. Councilmember Zitur withdrew his second to the Motion to Amend. Motion to amend died for lack of a second. Main motion carried on a roll call. vote: Hellivell, Zitur, Bergman ayes; Rtckev and Vasiliou nays. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-335 APPROVING LOT DIVISION/CONSOLIDATION AND AMENDED GLNERAL DEVELOPMENT PLAN FOR MEYER/GONYEA LAND DEVELOPMENT COMPANY (90032). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-396 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR MEYER/GONYEA LAND DEVELOPMENT COMPANY (90032). Motion carried on a roll call vuty, five ayes. 9Fi33=T &K kmD5 APPROVING LOT DIVISION/CONSOLIDA TION AIM .1WNDED GENERAL DEVELOPMENT PLAN FOR DYER/GONYEA LAND DEVELOPMENT CO. 90032) Item *8-D F UMUTION . PQ -7326 SETTING CONDITIONS TO BE MET PRIO&% TO FILING (90032) Item *8-D Regular Council t'eeting July 2, 1990 Page 257 MOTION was made by Councilmember Ricker, seconded RESOLUTIQN-SQ-D7 by Councilmember Helliwell, to adopt RESOLUTION APPROVING AMENDED NO. 90-397 APPROVING AMENDED DEVELOPMENT PLAN FOR DEVELOPMENT PLAN MP.YER/GONYEA LAND DEVELOPMENT COMPANY (90032). FOR MEYER/GONYEA LANE Mot:jn carried on a roll call vote, five ayes. DEVELOPMENT COMPANY 90032) Item *8-D MOTION was made by Councilmember Ricker, seconded PMOILUTI011.9Q-39e by Councilmember Helliwell, to adopt RESOLUTION APPROVING LOT NO. 90-398 APPROVING LOT DIVISION FOR VAN DIVISION FOR VAN EECKHOUT BUILDERS (90033). EECKHOUT BUILDERS 90033) Motion carried on a roll call vote, five ayes. Item *8-E MOTION was made by Councilmember Ricker, seconded AESOLUTIQtt 9 by Councilmember Helliwell, to adopt RESOLUTION SETTING CONDITIONS NO. 90-399 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OR AND RELATED TO LOT DIVISION AND FILING AND APPROVING A ZONING ORDINANCE VARIANCE FOP, VAN APPROVING EECKHOUT BUILDERS (90033). VARIANCE FOR VAN EECKHOUT BUILDERS Motion carried on a roll call vete, five ayes. (90033) Item *8-E MOTION was made by Councilmember Ricker., seconded RESOLD JQff Q-4Q.9 by Councilmen.ber Helliwell, to adopt RESOLUTION APPROVING NO. 90-400 APPROVING CONDITIONAL USE PERMIT FOR CONDITInNAL USE HANS HAGEN HOMES/WESTAR/ROME PI,RTNERS FOR LAND PERMIT FOR HANS RECLAMATION (90036), HAGEN HOMES 90036) Motion carried on a roll call vote, five ayes. Item *8-F MOTION was made by Councilmember Ricker, seconded EMS-0LUTIOM_9. 0- 4.41 by Cnuncilmember Helliwell, to adopt RESOLUTION APPROVING N0, •)3-401 APPROVING RESIDENTIAL PLANNED UNIT RESIDENTIAL PUD DMVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT CONDITIONAj USE NCR INSPIRATIONS, INC. FOR "BURL OAKS" (90044). P.RMIT AMENDMENT FOR Motion carried on a roll call vote, five ayes. BURL OAKS (90044) Item *8-G Pat Goff, 865 Aspen Circle, Little Canada, requested that the Council amend a previously approved ,Site Flan and approve a wai.,er from Resolution 79-73 to delete corc:ete curb and gutter for all non-public roadways and internal drives within the project. He stated that ff Regular Council July 2, 1990 Page 258 Meeting concrete curb and gutter has not some other similar developments, needed for this development for utility protection reasons. been required in and is not drainage or Community Development Director Tremere stated that Goff Homes has a financial site improvement guarantee necessary to complete the improvements on the property as originally adopted. The Planning Commission recommended denial of Mr. Goffs request,, Director Tremere recommended that the required curb and gutter had been shown on the approved plans and was consistent with the Pulicy which recognises that it is important to delineate the streets and drives for snowplowing and landscaping purposes. Councilmember Ricker asked if Mr. Goff could now install curb, if his waiver is not approved, without disturbing the existing constricted street, Public Works Director Moore stated Mr. Goff has the option of installing curbstone which can be installed without disrupting the existing street. Assistant Manager Boyles reminded the Council that the curbing requirements are set forth by Council resolution. The reason for the curbing requirement is as has been stated. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitlir, to adopt RESOLUTION NO. 90-402 DENYING SITE PLAN AMENDMENT AND VARIANCE FROM RESOLUTION 79-73 FOR GOPF HOMES FOR FERNBROOK MANOR" LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE NORTH (9004wc). Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked if staff has verified that all required pleatinga have been installed 'Fir Coachman Trails (85^22). Community Development Director Tremere stated the petitioner notified staff that the work was done PZ30iiLi QX IQ -102 DENYING SITE PLAN AMENDMENT AND VARIANCE FROM RESOLUTION 79-73 FOR GOFF HOMES FOR FERNBROOK MANOR 90045) Item 8-H e 0 Regular Council July 2, 1990 Page 259 Meeting and staff verified that the required size and number of plantiags were installed throughout the development. MOTION was made: by Councilmnmber Zitur, seconded by Councilmembir Helliwell, to adopt RESOLUTION NO. 90-403 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR SCHUETT INVESTMENT COMPANY FOR "COACHMAN TRAILS" (85022). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt ORDINANCE NO. 90-16 AMENDING PORTIONS OF THE ORDINANCE: 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN S THE PLYMOUTH ZONING ORDINANCE, RELITIVE TO RESIDENTIAL FACILITIES. Motion carried on a roll call vote, five ayes. SOLUTION 90-403 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR COACHMAN TRAILS 85022) Item 8-I P-1 A Z IND 4ZLeJW-4-61ZW In ORDINANCE RELATING TO RESIDENTIAL FACILITIES Item *8-J-1 MOTION was made by Councilmember Nicker, seconded 1,F4aNMCFL-9Q-1 by Councilmembesr Helliwell, to adopt ORDINANCE M%LADING ZONING NO. 90-19 AMENDING PORTIONS OF THE ORDINANCE 80-9 ORDINANCE RELATING ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO SHORELAND PRIVATE Rhr^4REATION FACILITIES. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated several Homeowners' Associations have asked the status of the private street issue for their buoget processes. Assistant Manager Boyles stated at the July :6 meeting the Council will be raked to schedule upcoming study session and jo'nt meeting dates. Private streets will be one item proposed for discussion. Cominunity Development Director Tremere presented a proposed ordinance which clarifies language in the Zoning Ordinance relating to Private Streets in response to recent Council direction The amendment would retain flexibility for the Council its considering developer requests in Planned Unit Developments. He stated that, a TO SHORELAND PRIVATE RECREATION FACILITIES Item *8-J--2 C7 I Regular Council Meeting July 2, 199 Page ::,j0 practical and precise definition of "private street" needs to be developed. This proposed ordinance is the first step in addressing the private street issue. No Planned Unit Development design flexibility is lost; an unnecessary double standard is eliminated. It is critical that the Council, staff, developers, and homeowners associations have a common understanding of the issue. Councilmember Vasiliou stated she removed this from the consent agenda because she has asked for a status report on previous council directive that called for an analysis of existing private streets. Councilmember Helliwell stated the Special Anseaswert CammiLtee has held a number of meetings on that private street issue. The City Attorney previously reported that Minnesota law does not allow ad valorem funds to be spent for private ,streets. One option would be for the homeowners associations to grant public easements to the City for maintenance of private street areas. Councilmember Ricker stated there are ?t,ability issues that must be addressed before the City takes on this responsibility. Tka, issue Will likely not be resolved for 1991. `:udgeting. Public Works Director Moore stated the Assessment Committee is still studying private street issue and will make a recommendation to the Council. Special the MOTION was made ry Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt ORDINANCE NO. 90-20 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH •41ONING ORDINANCEt RELATIVE TO PRIVATE STREETS. Motion carried on a roll call vote, five ayes. ORQIMCK .20-24 AMENDING THE ZONING ORDINANCE RELATING TO PRIVATE STREETS Item 8-J-3 Regular Council Meeting July 2, 1990 Page 2E1 MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt PUTSOLUTION NO. 90-404 REDUCING DEVELOPMENT BOND, QUAIL RIDGE; 4TH ADDITION (87134). Motion carried on a roll call vote, five ayes,. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-405 REDUCING DEVELOPMENT BOND, WESTWOOD RIDGE 2ND ADDITION (85108). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-406 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, ROCKFORD ROAD PLAZA STREET, UTILITIES, AND SIGNAL SYSTEM IMPROVEMENTS, CITY PROJECT NO. 948. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconddd by Councilmember Helliwell, to adopt RESOLUTION NJ. 90-407 RECEIVING PRELIMINARY ENGINEERING REPORT AND REFERRING REPORT TO THE SPECIAL ASSESSMENT COMMITTEE, STORM WATER DRAINAGE POND NO. BC-Pl, CITY PROJECT NO. 016. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-408 AWARDING BID, TEST AND PRODUCTION WELL NO. 13, CITY PROJECT NO. 013. Motion carried on a roll call vote, five ayes. Us-=II.4ri 9-0--04 REDUCING DEVELOPMENT BOND FOR QUAIL RIDGE 4TH ADDITION 87134) Item *8-K-1 SSLUTION 90-L15 REDUCING DEVELOPMENT BOND FOR WESTWOOD RIDGE 2ND ADDITION F5108) Item *8-K-2 RE.S"LITION 90-406 APPROVING PLANS AND ORDERING AIDS FOR ROCKFORD ROAD PLAZA IMPROVEMENTS, PROJECT NO. 948 Item *8-L PMOLUTION 90-407 RECEIVING PREL. ENG. REPORT AND REFERRING TO SPECIAL ASSESSMENT COMMITTEE PROJECT NO. 016 Item *8-M RE OLUTIO.N 90-408 AWARDING BID, TEST AND PRODUCTION WELL NO. 13 PROJECT NO. 013 Item *8-N-1 L, 0 Regular Council July 2. 1990 Page 263 Meeting MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-409 AWARDING BID FOR 25TH AVENUE TRUNK WATERMAIN, CITY PROJECT NO. 908. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked why the trail for Swan Lake Neighborhood Park was bid with a wider option. She stated concern that residents attending the public informational meetings were informed the trail would be eight feet wide and now a ten foot wide trail is proposed. Councilmember Vasiliou asked why the additional sod was not included in the base bid if there is a risk issue involved. Park Superintendent Peterson stated the additional trail width would better accommodate the projected heavy use of the trail for bicycling, roller blading, jogging and walking. This trail will also serve as the primary maintenance trail for servicing the entire park. The ten foot width will make snow removal easier in the wiater. . Councilmember Vasiliou stated she does not obiect to the alternates, but the .`ouncil should have been inforu.ed that the alternates were being bid and the abutting residents should have been informed of these alternates at the informational meetings. MOTION was made by Councilwember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-410 AWARDING BID SWAN LAKE NEIGHBORHOOD PARK, PROJECT NO. 023. Motic.n carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-411 CERTIFICATES OF CORRECTION SUBDIVISION PLATS* Motion carried on a roll call vote, five ayes. RE90LUI.OH 90-409 AWARDING 8ID FOR 25TH AVENT' o TRUNK WATERMAIN, ?1kC.JTP•C.T 908 Item *8-N-2 RESQLUTION 90-414 AWARDING; BID FOk SWAN LAKE NEIGHBORHOOD PARK PROJECT NO. 023 Item 8-N-3 RESOLUTION 90-411 CER -'ZFICATES OF CORRECTION SUBDIVISION PLATS Item *8—O IE Regular Council Meeting July 2, 1990 Page 263 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-4.1 REQUEST FOR PAYMENT NO. 3 AND FINAT., C.S.. H. 6/FERNBROOK LANE - SIGNAL SYSTEM, CITY PROJECT NO. 250. Motion carried on a roll call vote, five ayes. NOTION was Rade by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION N0, 90-413 APPROVING ARCHITECTURAL SERVICES AGRZEMENT, BRW ARCHITECTURAL SERVICES AGREEMENT, BRW ARCHITECTS, INC. PUBLIC WORKS BUILDING EXPANSION, CITY PROJECT N0, 009. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, secon4ed by Councilmember Helliwell, to adopt RESOLUTION NO. 90-414 APPROVING CHANGE ORDER NO'S 1 AND 2, CONSTRUCTION OF FIRE STATION NO, I, CITY PROJECT N0, 825. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked the status of the County Road 6 construction update flyer. Assistant Manager Boyles provided thb Council with a copy of the flyer and stated it would be mailed to residents on Tnesday, July 3. Councilmember Vasiliou asked if there would be follow-up flyers throughout the project. Councilmember Ricker stated the City Crunch needs to discuss what it wants in a communications plan and provide direction to staff. Mayor Bergman agreed that the Council needs to give direction on the process to be used. Councilinember Zitur asked that staff follow-up on his request to include a list of county commissioners and school board members in the Plymouth News, along with the pie chart signifying distribution of the property tax dollar, USUUTION. 9Q-9..12 REQUEST FOR PAYMENT NO. 3 AND FINAL, PROJECT NO. 250 Item 8-P RMQISiUM.-N 13 APPROVING ARCHITECTURAL SERVICES AGREEMENT, PUBLIC WORKS BUILDING EXPANSION PROJECT N0, 009 Item *8-Q RMO TI.0--79.14 APPROVING CHANGE ORDER'S 1 AND 2, FIRE STATION I PROJECT NO. 825 Item *8-R Construction Project Communication with Residents Plymouth News Article Regular July 2, Page 264 Council 1990 Meeting Mayor Bergman stated he has recei•-ed the resignation of George Hoff from the Board of Zoning Adjustments and Appeals. Staff was directed to provide the Council with applications on file from interested residents. Councilmember Zitur, stated that a phone number needs to be published where residents can call and leave a message+ on non -emergency public safety and public works concesns. He stated the number should be published in the Plymouth News and prone book. Councilmember Zitur asked that the Council consider a way to thank Neighborhood Watch volunteers. The meeting was adjourned at 10:10 p.m. i :a s City Cle U L r, lrl c • • --fic<- . BOZA Resignation Communications Neighborhood Watch Program