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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