HomeMy WebLinkAboutCity Council Minutes 07-01-1991MINUTES
REGULAR COUNCIL MEETING
JULY 1, 1991
Zhe regular meeting of the Plymouth City Council
was called to oxder by Mayor Bergman at 7:00 p.m.
in the Council Chambers of. the City Center, 3400
Plymouth Blvd., or, Tuly 1, 1991,
PRESENT: Mayor Bergman, Councilraembers
Helliwell, Ricker, Vasiliou, and Zitur
ASSENT: None
STAFF PRESENT: City Manager Millie, Assistant
Manager Boyles, community Development Director
Tremere, Public Works Director Moore, City
Attorney Thomson, and City Clerk Rauenhoret
Mayor Bergman announced that the International International
Special Olympics dames will be held July 111-27, Special Olympics
and encouraged residents to attend. Games
Item 4-A
Item 8-K-1 was removed from the Consent Agenda.
MOTION was made by Councilmember Zitur, seconded Consent Agenda
by Councilmember Helliwell, to approve the Item 5
Consent Agenda as amended.
Motion carried on a roll call vote, five ayes.
I c : ']
MOTION was made by Councilmember Zitur, seconded Minutes
by Councilmember Helliwell, to approve the June Item *6
17 minutes.
Motion c,r ipd on a roll call vote, five ayes.
Regular Council Nlretink
July l; 1991
Page fill
Mayor Bergman opened a public hearing at 7:10
p.m. on vacation of a portion of 13th Avenue and
South Shore Drive right-of-way within East
Medicine Lake Addition. No one appeared. and the
hearing was closed at 7:10 p.m.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO.
1&-352 AUTHORIZING THE VACATION OF A PORTION OF A
STREET RIGHT-OF-WAY (13TH AVENUE/SOUTH SHORE
DRIVE).
Motion carried on a roll call .rote, five ayes.
Phil Olson, Program Directox of the Ridqedale
YMCA, presented a proposal to provide
recreational opportunities to children in the
Willowood apartments. He is aware that the
Council recently approved development of a park
to serve this area; however, it will not be
available for use this summer.
lie requested that the City participate in funding
a seven week program sponsored by the YMCA, with
the cost equally shared between the YMCA, the
City, and the parents of the children involved in
the program. The City's total cost would be
2,8C0.
Karen Wahlberg, .ntierfaith Outreach, spoke in
favor of the proposal. She stated that a program
is desperately needed this year because there is
no playgrcund area within a reasonable distance
and the City has closed the west beach.
Interfaith Outreach will financially assist
paren,:a who are unable to pay their share of the
cost. She dlao stated that City programs like
the puppet wagon and the "playground in the
street" program are not well attended by the
children in this area.
Councilmember Vasiliou asked the Public Safety
Director to comment on the request. Director
Curlquist stated that this population of children
is "at risk", and any recreational opportunities
may help.
e
RESOLUTION 91-352
VACATION OF
PORTION OF 13TH
AVE. AND SOUTH
SHORE DRIVE
Item 7-A
Phil Olson -
Request for
Funding for
Recreation
Item 8-A
Regular Council Meeting
July 11, 1991
Page 241
MOTION was made by Councilmember 2itur, seconded
by Councilmember Vasi]iou, to authorize a City
expenditure of up to $2,800 for the YMCA
recreational program for Willowood apartments.
The Councilmembers noted that this im a unique
situation and the program is desirable for a
number of reasons: 1) It is a jointly funded
program; 2) There is a lack of recreational
programs for the children living at Wil!.owood; 3)
These cnildzan are an "at risk" group; 4 The
previously approved park will not be usable until
1992; 5) It can be dangerous for children to
cross the highway to get to the nearest park; 6)
The west beach is closed this year; and 7) The
children's parents are taking an active interest
in this project by providing and organizing
transportation.
MOTION to amend the main motion was made by
Councilmwber Ricker, seconded by Councilmember
Zitur, that the funding be provided from the
recreation fund balance.
Motion to amend carried, five ayes.
Main motion carried, five ayes.
Manager Willis stated the Planning Commission
unanimously recommended denial of the application
of Hennepin County for a Conditional Use Permit
and Site Plan for a Waste Facility at the
northwest corner of County Road 6 and Annapolis
Lane.
Community Development Director Tromere outlined
the history of the application. 3s stated that
Hennepin County has requested thae action on this
item be delayed until December 1, 1991, so they
might further study the waste stream. since the
stations at Brooklyn Park and Burnaville have
been brought on-line, as well as the incinerator
in Minneapolis, the County believes they may have
overestimated the amount of waste to be
processed. A change in their plan may be
required.
MOTION was made by Councilmombeir Zitur, seconded
by Councilmember Ricker, to table the request of
0
Waste Transfer
Facil!.ty
89057)
Item 8-a
Table to January
Item 8-B
Regular Council Meeting
July 1, 1991
Page 242
Hennepin County for a Conditional Use Permit and
site Plan for a Waste Facility until the first
regular Council meeting in January, 1992, in
response to the request from Hennepin County.
Councilmembe r He111well stated she also believes
the County should be given the opportunity tofurtherstudythewastestreamandmodifythe
plan if necessary.
Motion carried on a roll call vote, Helliwell,
Ricker, and Z iter ayes; vasiliou and Bergman
nays.
John Ott, 1900 N. Ithaca Lr aced henaisthe
spokesman for GAABAGE, a group nd
business persons formed in opposition to this
project. He has visited the Brooklyn Park
facility. While he was impressed with the
interior of the building, he believed the
exterior portion had an unpleasant odor. He
stated that abutting neighbors said they can
eraell the garbage. Mr. Ott stated that Hennepin
County has not proven valid justification for the
proposed Plymouth site. He objected to the 300
trucks per day the facility would generate.
Henry Willegalle, 1525 Juneau Lane, requested
that the Council deny the request now, rather
than tabling until 1992. He stated the lot is
too small for the proposed atructure, and he
objected to the additional traffic on County Road
6 which would result. Mr. Willegalle stated Viat
based on the Brooklyn Park project, Plymouth %an
s:tpent 100-200 trucks per day as a result of the
project. Ho stated the widening of County Road 6
and 1-494 interchange was needed to s9rve the
City whether or not the transfer station was
proposed. He stated concerns about the fence
proposed around the property and contamination of
wells and the water table.
Councilmember Zitur stated he has heard rumors
that some people believe Councilmembers tradedsupportfor- this project with the County Road 6
interchange and proposed library projects. He
stated this is not true.
Regular Council Meeting
July 1, 1991
Page 243
Bella Braverman, 14845 18th Avenue North, agreed
with comments already made. She stated that
people who live in the surrounding residential
neighborhoods are embarrassed that this is
proposed for their area. She has heard that the
Councilmembers will support the waste facility in
order to gain county funding for County Road 6.
Manager Willis stated that Hennepin County will
contribute money toward the I-494/County Road 6
interchange project if there are traffic impacts
due to a future waste facility. The City has not
counted on a county contribution when
establishing funding sources for the interchange
project.
Community Development Director Tremere stated the
Planning Commission, on a unanimous vote,
recommended denial of the request of Baton
Corporation for an amended residential PUD
Preliminary Plat/Plan and Ccnditional Use Permit
for the "Mission PUD" to allow a rearrangement of
density and a change of unit types on the
remaining Mission PUD property south of Old
Rockford Road and east of Larch Lane. Staff
concurs with the recommendation for denial. He
noted that there in an approved PUD Plan. This
would be an amendment to the existing Plan.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-353 DENYING AMENDED RESIDENTIAL
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT
AND CONDITIONAL USE PERMIT FOR BATON CORPORATION
FOR MISSION RPUD (89103) (RPUD 76-1) .
Bob Donley, 11740 38th Avenue North, represented
the homeowners of the Mission Hills and Mission
Ridge area. He stated the homeowners oppose the
proposed change to the PW. They object to the
proposed plan for the following reasons: 1) The
plan is insensitive to the natural
characteristics of the site; 2) The plan is
overly influenced by economics; 3) Tree lose
would result; 4) The natural buffer area would be
removed; 5) Structures would be closer to the
single family homes than with the approved plan;
and 6) The type of structures north of 41st
Baton Corporation
Amended PUD nrel.
Plat/Plan and CUP
for Mission RPUD
89103)
Item 8-C
RESOLUTION 91-353
DENYING AMENDED
RPUD PREL.
PLAN/PLAT AND CUP
FOR MISSION RPUD
69103 RPUD 76-1
Item 8-C
0 el
Regular Council Meeting
July 1, 1991
Page 244
Avenue would offtr•_ no visual transition from the
single family homes in the area.
Councilmenber Zitur noted that the petitioner had
submitted a letter to councitmembers regarding
the application.
motion carried on a roll call vote, five ayes.
Councilmember Vasiliou stated that although it is Parking at
not part of this application, Baton Corporation Parkside
hams yet to install more parking spaces at Apartments
Parkside apartments as previously agreed.
Director Tremere stated that the developer met
the minimum parking requirements. Underground
parking was included in that calculation. Many
of the tenants do not use the underground
parking, thereby creating a burden on the lot
parking. He stated the City approved an amended
plan with more parking but there was no date
specified in the conditional use permit by which
the additional parking had to be installed. None
has been installed.
Councilmember Vasiliou stated this is a serious
public safety issue and the parking should be
installed as soon as possible.
Staff was directed to review this situation and
report back to the Council, including whether
review of the conditional use permit could be
placed on a future agenda, as well as options for
requiring parking installation.
Bill Pritchard, Orrin Thompson Homes, appeared
relative to his request for Residential Planned
Unit Development Final Plat and Final Plan and
Development Contract for "Bridlewood Farms"
located in the southeast quadrant of Medina Road
and the west city limits (90028) (RPVD 90-2). He
asked that Condition 9 of the approving
resolution be amended to alloy: him to apply for a
building permit for a model home.
He also requested that he be granted an
additional reduction in minimum front yard
setback for four lots abutting Medina Road from
50 feet to 30 feet.
U.S. Homes "orp.
PUD Final
Plat/Plan for
Bridlewood Farms
90028)
Item 8-D
Regular Council Meeting
July 1, 1991
Page 245
Director Tremere stated the Planning Commission
did not review this issue. However, staff
recommends against a reduced front yard setback.
These four properties ebut Medina Road and a 50'
minimum setback is required. These PUD lots are
already smaller than lots in a traditional
development, and a 50' setback is needed for
buffering.
Mayor Bergman expressed concern about the
maintenance of the lots abutting Medina Road. He
asked what the developer could do to inform
purchasers of those properties of the City's
ordinance requiring that the property owner
maintains their property and right-of-way to the
street. He noted problems in other areas of the
City where property owners assume that the
homeowners association is responsible for this
maintenance.
Attorney Thomson stated that a disclaimer on the
title is cumbersome. Another way is to encourage
the developer to make the original buyere aware
of the requirement.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-354 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR THOMPSON LAND
DEVELOPMENT/A DIVISION OF U.S. HOME CORPORATION
FOR BRIDI,EWOOD FARMS (90028) (RPUD 90-2)1,
amending Item 14.4 to allow the petitioner to
apply for a building permit for one model home
prior to filing of the plat.
Motion carried on a roll call vete, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Council mmber Ricker, to adopt
RESOLUTION NO. 91-355 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT
FOR THOMP SON LAND DEVELOPMENT/A DI'..ISION OF U.S.
HOME CORPORATION FOR BRIDLEWOOD FARMS (90028)
RPUD 90-2), amending Condition No. 9: "No
building permits to be issued until the Final
Plat is filed and recorded with Hennepin County,
provided that permits may be issued for one model
home." No) front yard setback reductions were
granted is addition to Condition 15.
nSnmiON 91-352
APPROVING FINAL
PLAT AND
DEVELOPMENT
CONTRACT FOR U.S.
HOME CORPORATION
BRIDLEWOOD FARMS
90028)
RPUD 90-2)
Item 8-D
RUQLUTION 91-355
SETTING CONDITIONS
TG BE MET PRIOR TO
FILING (90128)
RPUD 90-2)
Item 8-D
Regular Council Meeting
July 1, 1991
Page 246
Pat Raskob, 2562 Holy Name, expressed concerns
about the effects of storm water drainage from
the U.S. Homes property. In addition, excavation
has already taken place on the U.S. Homes
property.
Public Works Director Moore stated that under
terms of the development contract, the developer
cannot increase the amount of water that flows
off the property. Overflow ponds are required on
the U.S Lomes site to ensure this.
Ms. Raskob stated she may be getting the same
amount of water runoff from the U.B. Homes
property, but it is faster. Her property has
been negatively affected by the recent
excavation.
Director Moore stated that staff will check on
the excavation and effects of storm water
drainage onto abutting properties. The elevation
of the U.S. Homes property is to remain unchanged
within 200 feet of the property line.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-356 ADOPTING ASSESSMFNTS,
PROJECT NO. 1221, SANITA1tY SEWER AND WATERMAIN
AREA - BRIDLEWOOD FARM.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-357 APPROVING AMENDED CONDITIONAL USE
PERMIT; SITE PLAN FOR ADMINISTRATION BUILDING;
AND VARIANCE REQUEST FOR THE ASSOCIATION OF FREE
LUTHERAN CONGREGATIONS (91020).
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Zitur, se:onded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-358 APPROVING CONDITIONAL USE PERMIT FOR
CHUCK YOUNGQUIST JR. FOR R.L. JOHNSON INVESTMENT
COMPANY TO OPERATE A COUNSELING CLINIC IN THE I-1
ZONING DISTRICT (91024).
0
RESOLUTION 91-356
ADOPTING
ASSESSMENTS
BRIDLEWOOD FARM
Item 8-D
RESOLUTION 91-357
APPROVING AMENDED
CUP; SITE PLAN FOR
ASSOC. OF FREE
LUTHERAN
CONGRSGATIONS
910201
itwm *8-E
RESOLUTION _9,-3n
APPROVING CUP FOR
R.L. JOHNSON
INVESTMENT CO.
91024)
Item *8-F
Regular Council Meeting
July 1, 1991
Page 247
Motion carried on a roll call vote, five ayes.
Don Hunger, 10625 48th Avenue North, requested
approval of an Amended Planned Unit Development
Conditional Una Permit to allow the encroachment
of a garage addition into the side yard setback
91027) (RPUD 84-1). Mr. Huryer stated that the
Planning Commissioners nad expressed concern
about the precedent that approval of his request
may set. He stated approval of his rbquest alone
will not set a precedent, and there are no
objections from neighbors in the area to the
request. He added that a third garage stall
would be more attractive than having a vehicle
parked outside.
Mayor Bergman noted that the existing fence on
the property encroaches on the City trail
corridor. He noted, from the Planning Commission
minutes, that the fence is about 3 to 4 feet from
the trail. The proposed garage would be 7 feet
from the trail. He believes this is a unique
situation Which would not set a precedent for
similar requests.
MOTION was made by Mayor Bergman, seconded by
Councilmember Ricker, to adopt RESOLUTION NO. 91-
359 APPROVING RESIDENTIAL PLANNED UNIT
DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT
FOR DON HUNGER (91027).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-360 APPROVING CONDITIONAL USE PERMIT FOR
QUANTUM DEVELOPMENT INC. FOR FAMILY CHILD
DEVELOPMENT CENTER FOR A PRIVATE WJRSERY SCHOOL
91032).
Motion carried on a roll call vote, five ayes.
Donald Hunger
Amended PUD CUP
91027)
RPUD 84-1)
Item 8-G
RESOLUTICH 91-359
APPROVING RPUD CUP
AMENDMENT FOR DON
HUNGER (91027)
Item 8-G
RESOL=Q.H 91_360
APPROVING CUP FOR
QUANTUM
DEVELOPMENT INC.
FOR A PRIVATE
NURSERY SCHOOL
91032)
Item *6-H
0 0
Regular Council Meeting
July 1, 1991
Page 246
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-361 APPROVING CONDITIONAL USE PERMIT FOR
QUANTUM DEVELOPMENT INC. FOR FAMILY CHILD
DEVELOPMENT CENTER FOR A DAY CARE FACILITY IN A
PRIVATE SCHOOL (91032).
Motirin carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt REIOLUTION
NO. 91-362 APPROVING A SITE PLAN FOR A PARKING
LOT EXPANSION AND A VARIANCE FOR A DRIVE AISLE
SETBACK FOR QUANTUM DEVELOPMENT INC. (91032).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-363 APPROVING LOT CONSOLIDATION FOR
QUANTUM DEVELOPMENT INC. FOR THE BEACON HEIGHTS
SCHOOL (91032).
Motion carried on a roll call vote, five ayes.
MOTION was rade by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 91-364 APPROVING LAND USE GUIDE PLAN
AMENDMENT FOR RYAN CONSTRUCTION COMPANY OF
MINNESOTA FOR "NATZRFORD PARK PLAZA" (91038)
MPUD 86-1).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasilinu, to adopt RESOLUTION
NO. 91-365 APPROVING AMENDED MIXED PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAN AND CONDITIONAL USE
PERMIT FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA
FOR "WATERFORD PARK PLAZA" LOCATED AT THE
NORTHEAST CORNER OF HIGHWAY 55 AND REVERE LANE
91030) (MPUD 86-1).
MOTION carried on a roll call vote, five ayes.
e
RESOLUTION 91-361
APPROVING CUP FOR
QUANTUM
DEVELOPMENT INC.
FOR A DAY CARE
FACILITY IN A
PRIVATE SCHOOL
Item *8-H
RESOLUTION 91-362
APPROVING SITE
PLAN FOR QUANTUM
DEVELOPMENT INC.
91032)
Item *8-H
RESOLUTION 91-363
APPROVING LOT
CONSOLIDATION FOR
QUANTUM
DEVELOPMENT FOR
BEACON HEIGHTS
SCHOOL (91032)
Item *8-H
RESOLUTION 91-364
APPROVING LAND USE
GUIDE PLAN
AMENDMENT FOR
WATERFORD PARR
PLAZA (91038)
MPUD 86-1)
Item 6-I
RESOLUTION 91-36.a
APPROVING AMENDED
MPUD PREL. PLAN
AND CUP FOR
WATERFORD PARK
PLAZA (91038)
MPUD 86-1)
Item 8-I
Regular Council Meeting
July It 1991
Page 249
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt ORDINANCE NO.
91-20 AMENDING THE ZONING ORDINANCE TO CLASSIFY
CERTAIN LANDS LOCATED AT THE NORTHEAST CORNER OF
STATE HIGHWAY 55 AND REVERE LANE AS B-3 (91038).
Motion carried on a roll cal] vote, five ayes.
Community Development Director Tremors stated
that at Council direction, the Planning
Commission held public hearings to consider the
Land Use Guide Plan and the Transportation Plan
for the area south of County Road 6, gest of 1-
494, north of Gleason Lake Drive, and east of
Harbor Lane (91036). He stated it was clear from
the public hearings that some residents desire no
street crossing at the Luce Line.
He recommended approval of the Land Use G•iide
Plan reclassification from High Density
Residential to Public/Semi-Public for all land
lying north of the Soo Line; east of Fernbrook
Lane; south of County Road 6; and west of 1-494.
He also recommended approval of the Land Use
Guide Plan classification recommendations of the
Planning Commission regarding the land south of
the Luce Line; west of I-494; east and north of
the existing "Harbor Place" Subdivision; and arat
of Harbor Lane, contingent on the approval of a
preliminary plat and general development plan for
this area showing future development consistent
with the reclassification. The approval would
become void if a preliminary plat and development
plan are not approved within six months.
Director Tremere stated the Planning Commission
also recommended a resolution providing for an
amendment to the Transportation element of the
Comprehensive Plan deleting the Minor Collector
between Cowity Road 6 and Gleason Lake Drive.
Staff does not concur with this recommendation.
The road needs to crone the Luce Line; however,
there are several potential alternative
alignments for the road south of the Luce Line
and Council could direct the developer (Carlson
Companies) and the Planning Commission to
consider them as actual development plans are
prepared and reviewed. He cited concerns about
public safety response time if the street is
0
ORDINANCE 91-20
REZONING FOR
PROPERTY AT
WATERFORD PARK
PLAZA (91038)
Item 8-I
City of Plymouth
Amendment of
Comprehensive Plan
Land Use Guide
Plan and
Transportation
Plan
91036)
Regular Council Meeting
July 1, 1991
Page 250
deleted and referred to correspondence from
Public Safety personnel, and the staff reports.
MOTION was made by Councilmember Vasiliou.
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-366 APPROVING LAND USE GUIDE
PLAN AMENDMENT FOR THE CITY OF PLYMOUTH.
MOTION was made by Councilmember Vasiliont
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-367 APPROVING LAND USE GUIDE
PLAN AMENDMENT FOR THE CITY OF PLYMOUTH.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to deny the
request to amend the Transportation Rlement of
the Comprehensive Plan regarding a Minor
Collector Parallel to Interstate 494 from County
road 6 to Gleason Lake Drive.
Councilmcmber Vaaili0u stated that there may not
be an immediate need for the minor collector, but
it is not prudent for the City to delete it from
the Tranepo.-tation Element.
Director Tremere recommended that the motion to
deny be withdrawn since the City is the
petitioner. if the Council desires to leave the
Transportation Plan as it is, then no action is
necessary.
Councilmembern Vasiliou and Ricker withdrew the
motion regarding the Transportation Element.
Dan Haugen, 515 Harbor Lane, stated that problems
of speeding and additional traffic have increased
since the road was reconstructed and widened. He
suggested that the speed limit of 30 mph be
reduced or that "Children at Play" signs be
erected along this section of roadway.
Public Works Director Moore stated that the 30
mph speed limit is established by state law.
Children at Play" signs are not installed
because motorists should always expect to look
41
Wnr.ungn 91-366
APPROVING LAND USE
GUIDE PLAN
AMEMMENT FOR THE
CITE' OF PLYMOUTH
Item a -J
moLuTION 91-367
APPROVING LAND USE
GUIDE PLAN
AMLNCMENT FOR THE
CITY OF PLYMOUTH
item 8-J
Regular Council Meeting
July 1, 1991
Page 251
for children in residential areas. The signs are
only used for unusual conditions such as near a
playground or school.
Councilmember Jasiliou suggested !hat the public
safety department be directed to conduct radar in
this area noting, however, that the violators are
likely area residents.
Jeremy Wilson-Dando, 14400 4th Avenue North,
represented Harbor Place Homeowners Association.
He stated the Association supporta a plan that
has a low orvironmental impact, will not cross
the Luce L.ne, and will not require removal of
the natural berm between Harbor Place and I-494.
Roy obermiller, 920 Kingaview Lane North, asked
if the extension of 10th Avenue North was deleted
from consideration. He stated the area residents
would like this street right-of-way vacated.
Manager Willis responded that it is not
contemplated in the matter now before the
Council, but the right-of-way is platted. He
explained tht procedure for petitioning for
vacation of the street.
Alice Williams, 14325 12th Avenue North, stated
that many people use 8ernbrook Lane to access the
Luce Line. She b3lieve0 there would be a more
hazardous situation with the road, than without
it.
Dave Blieh, 510 Glacier Lane, stated he does not
want to lose thy natural buffer behind has home,
and expressed concern about the location of
proposed Fernbrook Lane. ae noted that if the
road is constructed, his property will have a
major street on the front Ind back sidoa.
Rick Sathre, Sathre Bergquist Architects, and
K^thryn Bent, Cartoon Companies Estate
Company, were present to answer questions
regarding the proposed Carlson development plan.
Motion to adopt Resolution No. 91-366 carried on
R roll call vote, fiva ayos.
vote on
R'.48olutiov No.
66 end 91-367
plc
0
a
Regular Council Meeting
July 1, 1991
Page 252
Motion to adopt Resolution No. 91-367 carried on
a roll call vote, fives ayes.
Cuuncilmember Vasiliou stated that a homeowner in
the Timbwrton development has indicated some
owners are confused about what the de•elopment
bond covers and what the homeowner's association
will be responsible for when the Ceve+loper is
gone. She stated the items remaining in the
development bond appear to be unrelated to
homeowner concerns.
She questioned whether it is reasonable to allow
the developer to maintain the existing curbcuts
for the possible benefit of a future owner of the
property. She suggested that if the developer is
allowed to retain the curbcuts, money be provided
to rebuild the curb so that a future owner would
not be obligated to pay for it. This is the type
of improvement that a homeowner association
should not be ]eft to pay after the original
developer has ended the financial interest in the
development.
John Healey, Assistant Vice President of Healey
Ramme Company, represented the developer. He
explained that the existing curbcuts may be a
benefit to a future owner depending on the layout
of thQ site. He stated that the homeowners
association would be not be responsible for
rebuilding the curb.
Attorney Thomson stated that the City could place
thin as a condition on any new development
proposal for the site.
Director Tremere stated that the use on the site
is multiple family housing. Any proposal for
development of the remaining land would require
site plan approval which would include a public
hearing.
Councilmember Vasiliou stated she will support
the resolution for release of the site
improvement performance agreement fur Timberton,
with the understanding that the Timberton
Homeowners Association will not be responsible
for replacement of curb in the area subject to
future development.
Release of Site
Improvement
Per;orr Lnee
Agreemei,t for
Timberton (83054)
Item 8-K-1
Regular Council Meeting
July 1, 1991
Page 253
MOTION was made by Councilmember Vasiliou, RESOLUTION 91-368
RELEASE OF SITEsecondedbyCouncilmemberZitur, to adopt
RESOLUTION NO. 91-368 AUTHORIZING RELEASE OF SITE PERFORMANCE
PERFORMANCE GUARANTEE FOR HEALEY RAMME COMPANY GUARANTEEOR
TOE F83054)
FOR TIMAERTON (83054).
Item 8-K-1
Motion carries on a roll call vote, five ayes.
MOTION was made by Councilmember Zit, -.r, seconded
Helliwell, to adopt RESOLUTION
RESOLUTION 91-3fi2
RELEASE OF SITE
by Councilmember
NO. 91-369 AUTHORIZING RELEASE OF SITE
cACO PROPERTIES COMPANY
PERFORMANCE
CACO
PERFORMANCE GUARANTEE FOR
PRO
TEESFOR
90027). 90027)
Motion carried on a roll call vote, five ayes. Item *8-K-2
MOTION was made by Councilmember Zitur, seconded REROLUTION 91-370
by Councilmember Helliwell, to adopt RESOLUTION REDUCING
NO. 91-370 REDUCING DEVELOPMENT BONG, BASS LAKE DEVELOPMENTMENTEB C$
TERRACE ADDITION (90050).
ADDITION (90050
Motion carried on a roll call vote, five ayes. item *8-L-1
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-371
by Councilmember Helliwell, to adopt RESOLUTION REDUCING
N0. 91-371 REDUCING DEVELOPMENT BOND, BASS LAKE DEVELOPMENT BOND,
WOODS ADDITION (84075).
BASWOODS
ADDITION (84075)
Motion carried on a roll call vote, five ayes. Item *8-L-2
MOTION was made by Councilmember Zitur, seconded RES OLuTION-31---372
by Councilmember Helliwell, to adopt RESOLUTION REDUCING
YO. 91-372 REDUCING DEVELOPMENT BOND, KINGSWAY DEVELOPMENT BOND,
ESTATES ADDITION (90081). KINGSWAY ATES
ADDITION (90081)
Motion carried on a roll ca:.l vote, five ayes. Item *8-L-3
MOTION was made by Councilmember Zitur, seconded ROLUTIQ 1- S
by Councilmember Helliwell, to adopt RESOLUTION ACCEPTING PETITION
NO. 91-313 DECLARING ADEQUACY OF PETITION AND AND ORDERING
ORDERING PREPARATION OF REPORT STREET LIGHTING - PREPP TION OF
TREET
CURTI9 LAKE ADDITION. LIGHTING, CURTIS
Motion carried on a roll call vote, five ayes. lap" ADDITION
Item *8-M-1
0
Regular Council Meetinq
July 10, 1991
Page 254
MO:'ION was made by Councilmember Zitur, seconded RESOLUTION 91-374
by Councilmember Helliwell, to adopt RESOLUTIOD', RECEIVING REPORT
N0. 91-374 RECEIVING REPORT AND ORDERING AND ORDERING
PROJECT - STREET LIGHTING CURTIS LAKE ADDITION. STREET LIGHTING -
CURTIS LAKE
Motion carried on a roll call vote, five ayes. ADDITION
Item *A -M-1
MOTION was made by Councilmember Zitur, seconded gxsg •uTI H 91-375
by Councilmember Helliwell, to adopt RESOLUTION ACCEPTING PETITION
NO. 91-375 DECLARING ADEQUACY OF PETITION AND AE OOORDERINGRORDERINGPREPARATIONOFREPORT, STREET LIGHTINGO - r STREET
CHURCHILL FARMS ADDITION. LIGHTING -
CHURCHILL FARMS
Motion carried on a roll call vote, five ayes. ADDITION
Item *8-M-2
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-376
by Councilmember Helliwoll, to adopt RESOLUTION ACCEPTING REPORT
N0. 91-376 RECEIVING REPORT AND ORDERING AND ORDERING
PROJECT - STREET LIGHTING, CHURCHILL FARMS STREET LIGHTING,
ADDITION.
CHURCHILL FARMS
ADDITION
Motion carried on a roll call vote, five ayes. Item *8-M-2
MOTION was made by Counoilmember Zitur, seconded ORDINANCE 91-21
by Councilmember Hellivell, to adopt ORDINANCE PEQUIRED RECYCLING
NO. 91-21 AMENDIN3 SECTION 600 OF THE PLYMOUTH FOR MULTIFAMILY
CITY CODE BY ADDING A NEW SUBSECTION; RELATING TO BUILDINGS
REQUIRAD RECYCLING SERVICES FOR RESIDENTIAL Item *8-N
BUILDINGS WITH MORE THAN NINE DWELLING UNITS.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-371
by Councilmember Helliwell, to adopt RESOLUTION APPROVING TRAFFIC
N0. 91-377 APPROVING TRAFFIC SIGNAL AGREEMENT, SIGNAL AG:IEEMENT,
COUNTY ROAD 6 AND I-494, CITY PROJECT NO. 250. COUNTY ROAD 6 AND
1-494, 250
Motion carried on a roll call vote, five ayes. Item *8-0
MOTION was made by Councilmember Zitur, seconded RKE)LU219"I-37%
by Councilmember Helliwell, to adopt RESOLUTION REQUEST FOR
N0. 91-378 REQUEST FOR PAYMENT 170. 6, NORTHWEST PAYMENT NO. 6,
TRUNK SANITARY SEWER - PHASE I, CITY PROJECT NO. PROJECT NO. 014
014.
Item *8-P
Motion carried on a roll call vote, five ayes.
Y
Regular Council Meeting
July 1, 1991
Page 255
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO.
91-379 APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS, NORTHWEST
BOULEVARD, (FUTURE COUNTY ROAD 61 FROM 54TH
AVENUE TO 56TH AVENUE) CITY PROJECT NO. 106.
Motion carried on a roll call vote, five ayes.
Councilmember Vasiliou stated that the unknown
Issue in this project has been the grade
separation and effects that may have on the
abutting properties. She asked if there is some
compromise that can be made between the City and
affected residents to mitigate the effects of
this grade separation.
Mayor Bergman suggested that a wall and trees be
Investigated for noise abatement. He suggested
that affected residents most with the consulting
engineer to discuss alternatives.
Councilmember Zitur stated he is willing to work
with the residents to alleviate their concerns
about the grade separation.
Councilmember Helliwell asked the status of a
bridge across the wetland area.
Director Moore stated that a bridge across the
wetlands is being addressed as part of the permit
process to the DNR. It is not part of this
project.
Councilmember Vasilios, commented on a newspaper
article in which the DNR "blames" cities for
approving projects that impact wetlands. She
stated that the permitting agencies are
responsible for issuing permits which allow the
City to proceed with a project. No agency has
Indicated that the City has erred in this
project.
Vicky Hubbell, 12935 54th Avenue North, stated
she is glad to hear that the Council is willing
to consider landscaping and berming. She asked
that this work be included in the bids for the
project. She in concerned about the elevation
change that will occur as a result of the project
RESOLUTION 91-379
APPROVING PLANS
AND ORDERING BIDS,
NORTHWEST BLVD.
PROJECT NO. 106
Item 9-Q
0
0
Regular Council Meeting
July 1, 1991
Page 256
and about the vast erosion that is occurring on
Northwest Blvd. She stated that residents were
aware of the plans for this roadway, but things
have changed since the project was first
proposed. The project should be done so the
wetlands are left unchanged.
Ruth Rosendahl, 5205 Pineview Lane North, stated
she owns 11 acres in the project area. Last week
she lea::ned that Northwest Blvd. will go through
her property.
Councilmember Vasiliou asked why a staff member
had not. yet notified Mrs. Rosendahl.
Manage): Willis stated that staff prepares to
acquir-a necessary easements after the
construction plans are approved by Council.
David Barstad, 12915 54th Avenue North, asked
whether the City comments to the DNR letter have
been submitted.
Director Moore responded that the .3ity comments
have not been written. Mr. Barstad will be
provided a copy when they are completed.
Rose Fallt, 5375 Fineview Lane North, stated that
a lot of dev.lopment is occurring in this area.
Northwest Blvd. will be a benefit to the
neighborhoods that now carry heavy traffic from
these developments. She stated that other
actions of the Council, such as preliminary plat
approval&, must also be considered. Mrs. Fallt
concurred that the City should work with the
abutting property owners to address specific
concerns, but the construction should go ahead as
planned.
John Stamper, 12925 54th Avenue North, stated
that the City and consulting engineers have not
been given sufficient information on the project,
and the citizens have not been given serious
consideration. He requested that the Council not
proceed with the project until the environmental
implications have been studied.
Councilmember Vasiliou asked the City Attorney
whether, in his opinion, the City has complied
Regular Council Meeting
July 1, 1991
Page 257
with all requirements relating to environmental
issues. Attorney Thomson stated - yes.
Larry Marofeky, 2835 Medicine Ridge Road,
represented Vern Reynolds Construction. He
supported the staff report and recommendation,
and stated that any possible errors that may have
occurred in the past on this roadway segment have
been discussed and alternatives studies. He
urged the Council to pr3ceed with the project.
The recent action to further study this issue has
caused a two month delay for Vern Reynolds
Construction.
Carl Cooper, 12835 54th Avenge Nort;&, stated he
understands the need for a major north/south
road, the desire for a separated grade over the
Soo Line Railroad, and the concerns about the
environment. He stated Northwest Blvd. is needed
to alleviate traffic in the residential
neighborhoods.
Councilmember Helliwell stated that in the
future, she would like the City to plan these
projects from beginning to end, rather than in
segments.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to direct staff to
work with the consulting engineer and neighbors
in the project area to address issues pertaining
to landscaping and berming to mitigate the
effects of the project on the abutting
properties. Plans and coat estimates for this
work should be provided to the Council along with
the recommendation for bid award on the project.
Motion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Hellivell, to adopt RESOLUTION
NO. 91•-380 APPROVING CHANGE ORDER NO. 3,
PRODUCTION WELL NO. 13, CITY PROJECT NO. 013.
Motion carried on a roll call vote, five ayes.
wgOL•UT ON 91-380
APPROVING CHANGE
ORDER NO. 31 WELL
NO 13, PROJECT NO.
013
Item •8•-R
Regular Council Meeting
July 1, 1991
Page 258
RE30LUTION 91-381
MOTION was made by Councilmember Zitur, seconded ADOPTING
by Councilmember Helliwell, to adopt RESOLUTION ASSESSMENTS -
NO. 91-381 ADOPT1FC, ASSESSMENTS, PROJECT NO. 025, PROJECT NO. 025
25TH AVENUE NATER LATERAL. Item *8-S
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded $',SOLUTiON 91-382
by Councilmember Helliwell, to adopt RESOLUTION DEFERRED
NO. 91-382 DEFERRMD ASSESSMENTS, PROJECT NO. 025, ASSESSMENTS,
25TH AVENUE NATER LATLRAL. PROJECT NO. 025
Item *8-S
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-383 REGARDING HENNEPIN COUNTY'S PROPOSED
FIVE YEAR RECYCLING FUNDING ASSISTANCE POLICY.
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt 48SOLUTION
NO. 91-384 AWARDING B?n, MEDINA ROAD STREET
CONSTRUCTION, CITY PRvJECT NO. 010.
Motion carried on a roll call vote, five ayes.
RESOLUTION 91-383
HENNEPIN COUNTY'S
PROP03ED FIVE YEAR
RECYCLING FUNDING
ASSISTANCE POLICY
Item *8-T
RESOLUTION 91-384
AWARDING HID,
MEDINA ROAD STREET
CONSTRUCTION
PROJECT NO. 010
Item *8-U-1
MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-385
by Councilmember Helliwell, to adopt RZ30LUTION AWARDING BID, 1991
NO. 91-385 AWARDING BID, 1991 SEAL COAT PROGRAM. SEAL COAT PROGRAM
Item *8-U-2
Motion carried on a roll call vote, five ayee.
MOTION was made by Councilmember Zitur, seconded
by CounCilmember Helliwell, to adopt RESOLUTION
NO. 91-386 AWARDING BID, WELL NO. 13 PUMPING
STATION AND FEEDER MAIN, CITY PROJECT NO. 013.
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-387 AWARDING BID, MAINTENANCE BUILDING
EXPANSION, CITY PROJECT NO. 009.
Motion carried on a roll call vote, Rive ayes.
RESOLUTION 91-386
AWARDING BID, WELL
NO. 13 PUMPING
STAT?ON AND FEEDER
MAIN. PROJECT NO.
013
Item *8-U-3
RESOLUTION 91-387
AWARDING BID,
PUBLIC WORKS
BUILDING
PROJECT NO. 009
Item *8-U-4
Regular Council Meeting
July 1, 1991
Page 259
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-388 SETTING PUBLIC HEARING ON ON -SALE
INTOXICATING LIQUOR LICENSE APPLICATION OF
RADISSON HOTEL CORPORATION.
Motion carried on a roll call vote, five ayes.
BESQL7TI0N 91-388
SETTING HEARING ON
ON -SALE
INTOXICATING
LIQUOR LICENSE
Item *8-V
MOTION was made by Councilmember Ricker, seconded Q.RnTHMCu 9t-22
adopt ORDINANCE N0. AMENDING FEES FOR
by Councilmember Zitur, to
91-22 AMENDING PLYMOUTH CITY CODE SECTION 1010 BINGOBLICENSE
D
RELATING TO LICENSE FEES. Item 8-X
Motion carried on a roll call •?Ote, five ayes.
Bruce Digerness, 16115 21st A enue North, spore
against amending the policy rolating to
basketball structures in the public right-of-way.
He stated that a basketball structure was
recently erected on Zanzibar Lane in theSteeplechaseAdditioninviolationofthe City's
policy. The structure is a safety concern as it
is 44' from the intersection. Even if it were
moved further into the cul-de-sac, it would be a
safety concern because recreation should not be
encouraged in the public street. Mr. Digerness
stated that the Steeplede
tose
East
theplacement ofthisAssociationisopposed
structure in the right-of-way.
Councilmember Zitur asked if staff has received
complaints about this structure. City Clerk
Rauenhorst responded - yes.
Councilmember Zitur stated he has concerns about
safety, risk management for the City, and whether
the structures are aesthetically
desired. Also,
many property owners have been required to removebasketballstructuresfromtheright-of-way since
1989.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to make no changes, other than
minor clarifications, to the existing policy-
motion
thery•
Motion carried, five ayes.
Policy Regarding
Basketball
Structures
in the Right-of-
way
Item 8-Y
0 6I
Regular Council Meeting
July 1, 1991
Page 260
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to adopt RESOLUTION
NO. 91-389 AUTHORIZING THE TRANSFER OF THE
TRUSTEE FOR MILES HOMES INC. INDUSTRIAL
DEVELOPMENT REVENUE BONDS OF 1980 FROM NORWEST
BANK FOR FIRST NATIONAL BANK OF BOSTON.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by
Councilmember Vasiliou, to adopt RESOLUTION NO.
91-390 PUBLIC SAFETY BUILDING - APPROVAL OF
SCHEMATIC DESIGN DRAWINGS (PROJECT 017).
Motion carried on a roll call vote, five ayes.
Manager Willis stated that the building project,
including parking and circulation, will use
essentially all of the natural amphitheater area.
The overall master plan for the Plymouth Creek
Park has contemplated the amphitheater area as a
major feature. He suggested that the master plan
for the area be updated to determine if and how
the amphitheater area could be relocated.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to direct staff to
include the master plan update, including options
and coats, as part of the consideration of the
Capital Improvements Plan, with the cost charged
to the park dedication fund.
Metion carried, five ayes.
Manager Willis reviewed the public information
efforts proposed for the September 3 mail ballot
referendum.
Councilmember Helliwell stated that throughout
the publicity on this issue, the term
referendum", rather than "election", should be
used.
Manager Willis stated that fair balanced
information about the question ne9ds to be
presented to the voters. The Council should
decide how it wishes to do this, recognizing that
the Counc'.1 is polarized on this issue.
0
RESOLUTION 91-389
AUTHORIZING THE
TRANSFER OF
TRUSTEE FOR MILES
HOMES INDUSTRIAL
DEVELOPMENT
REVENUE BONDS
Item *8-Y
RESOLUTION 91-390
APPROVING
SCHEMATIC DESIGN
DRAWINGS FOR
PUBLIC SAFETY
BUILDING
PROJECT 017
Item 8-Z
Mail Ballot
Referendum
Item 9-A
Regular Council Meeting
July 1, 1991
Page 261
He suggested an article for the August Pl=Qut]
News that would cover "Why Vote Yes?" and "Why
Vote No?". He provided draft copies of these to
the Council and requested feedback.
Mayor Bergman agreed that the Council should try
to work together to develop this type of article.
Manager Willie stated the Park and Recrertion
Advisory Commission has requested that the
Council consider the possibility of surveying
resident's interest in, and/or desire for,
various park and recreation facilities.
Councilmember Ricker stated that construction of
two new playfields has recently been approved,
and questioned whether residents should be asked
what additional facilities they desire at this
time.
Councilmember Helliwell stated that some interest
has been expressed in a community swimming pool.
She suggested that a survey be conducted throuqh
the PlMRouth 140M.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to table discussion of a
community survey to determine the community'a
interest in various park and recreation
facilities to the budget sessions.
Motion carried, five ayes.
Attorney Thomson reported on the court decision
of the League of Plymouth voters ,. City of
Plymouth law suit.
Manager Willie reported on the statue of the
library quick take proceedings. He also updated
the Council on storm water problems resulting
from the recent heavy rains.
The meeting was adjourned at 11:13 P.M.
League of Plymouth
voters V. City
Lawsuit Result
f
city C er
0 91