HomeMy WebLinkAboutCity Council Minutes 06-15-1992MINUTES
REGULAR COUNCIL MEETING
JUNE 15, 1992
The regular meeting of the Plymouth City Council was
called to order by Mayor Bergman at 7:00 p.m. in the
Council Chambers of the City C3PLer, 3400 Plymouth Blvd
on June 15, 1992.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell,
Tierney and Vasiliou
STAFF PRESENT: Assistant City Manager Boyles, Community
Development Director Dillerud, Finance Director Hahn, and
City Engineer Faulkner
PRESENTATIONS
Sandi Adolphson and Skip McCombs, representing the Music in Plymouth
Plymouth Civic League, described events planned for the Item 4-A
20th Annual Music in Plymouth on July 1. They thanked the
City for its contributions to the event.
Finance Director Hahn presented the 1991 Audited Financial 1991 Audited Financial
Report and introduced Steve Laible of KPMG Peat Marwick. Statement
Item 4-^
Steve Laible, KPMG Peat Marwick, explained the financial
report and %fated there was a balance of fund revenues
over expenditures for the year, resulting in a fund
balance of 54,218,879. This is consistent with the City's
guidelines for fund bal,nce as related to total budget
expenditures.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-329
Councilmember Fdson, to adopt RESOLUTION NO. 92-329 ACCEPTING E 1
ACCEPTING THF 1991 FINANCIAL REPORT AND AUDIT. FINANCIAL REPORT AND
AUDIT
Motion carried on a roll call vote, five ayes. Item 4-B
APPROVE AGENDA
Mayor Bergman requested that Item 8-C he moved to follow Approve Agenda
Item 7-A, as this item wis deferred from a previous 5-A
meet inq.
t
Regular Council Meeting
June 15, 1992
Page 197
MOTION was made by Councilmember Tierney, seconded by
Councilmember Vasil iou, to approve the agenda, moving Item
8-C to follow Item 7-A.
Motion carried on a roll call vote, five ayes.
CONSENT AGENDA
Items 6-A, 6-M, 6- S, 6-Y, and 6-Z were removed from the Consent Agenda
Consent Agenda.
Item
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to approve the Consent Agenda, as
amended.
Motion carried on a roll calx vote, five ayes.
Councilmember Tierney requested that the June 1 minutes be Minutes
6-Acorrectedtoreflecther "nay" vote on Item 9-F. She did Item
not support deferral of payment of bills to Holmes and
Graved, particularly with respect to the Charter
Commission legal services.
MOTION was made by Councilmember Tierney, seconded by
Councilmember Hell iwelI, to approve the June 1 minutes, as
corrected.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-330
APPROVINGCouncilmemberTierney, to adopt RESOLU11ON NO. 92-330
APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 311 DISBURSEMENTS FOR
PERIOD ENDING
19012. 5-31-92
Motion carried on a roll call vote, five ayes. Item 6-B
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-331
Councilmember Tierney, to adopt RESOLUTION NO. 92-331 Ai6ROV1—W 01 LITY ON
APPROVING POIICY ON EURASIAN WATER MILFOiL FUNDING. EURASIAN WATER MILFOIL
Motion carried on a roll call vote, five ayes. Item 6-C
MOTION was made by Councilmember Helliwell, seconded by ORDINANCE 92-12
Councilmember Tierney, to adopt ORDINANCE NO. 92-12 AKE
ORDINANCE RELATING TO
ONIN
AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16,
19801 AS AMENDEO, ANP KNOWN AS THE PLYMOUTH ZONING SIDE AND REAR YARD
TBACKS
FORINANCEDWELLINGSLATIVE
LOCATED
OINMINIMUM
TWOSIDE FAMILYREAR DISTRICTSRD
SETBACKS IteItem 6-0
Motion carried on a roll gall vote, five ayes.
Regular Council Meeting
June 15, 1992
Page 198
MOTION was made by Councilmember Helliwell, seconded
Councilmember Tierney, to adopt ORDINANCE NO. 92-13
AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE
1980 AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING
by
16,
ORDINANCE, RELATIVE TO THE REQUIRED PARKING SPACES FOR CAR
WASH --AUTOMATIC OR SELF-SERVICE FACILITY.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded
Councilmember Tierney, to adopt RESOLUTION NO. 92-332
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR
INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) FOR WAYZATA
SENIOR HIGH (88069).
Moticn carried on a roll call vote, five ayes.
ORDINANCE 92-13
AMENDING ZONING
ORDINANCE RELATING TO
REQUIRED PARKING
SPACES FOR CAR WASH
FACILITIES
Item 6-E
by RESOLUTION 92-332
RELEASE OF SITE
PERFORMANCE GUARANTEE
FOR WAYZATA SENIOR
HIGH (88069)
Item 6-F-1
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-333
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR
INDEPENDENT SCHOOL DISTRICT 0284 (WAYZATA) FOR GLEASON
LAKE ELEMENTARY SCHOOL (90065).
Motion carried on a roll call vote, five ayes.
ON was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-334
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR U.S.
HOMES CORPORATION TREE PRESERVATION FOR BRIDLEWOOD FARM
IST ADDITION (90028).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-335
APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT
FOR WERNEKE COMPANY (92098).
Motion carried on a roll call vote, five ayes.
MOTION was made by Cnuncilmemher Helliwell, secoi-ded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-336
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT
PLAN FOR GRAHAM LAND DEVELOPMENT COMPANY FOR "PLYMOUTH
POINTE" LOCATED Al 43RD AVENUE NORTH AND NORTHWEST
BOULEVARD (92034)
Motion rarried on a roll call vote, five ayes.
RESOLUTION 92-333
RELEASE OF SITE
PERFORMANCE GUARANTEE
FOR GLEASON LAKE
ELEMENTARY SCHOOL
90065)
Item 6-F-2
RESOLUTION 92-334
RELEASE OF SITE
PERFORMANCE GUARANTEE
FOR TREE PRESERVATION
FOR BRIDLEWOOD FARM
IST ADDITION (90028)
Item 6-G
RESOLUTION 92-335
APT)ROVIN i CWDITIONAL
USE PERMIT AND SITE
PLAN FOR WERNEKE
COMPANY (92098)
Item 6-H
RESOLUTION 92-336
APPROVING RPUD CONCEPT
PLAN FOR PLfMOUTH
POINTE
92034)
Item 6-I
Regular Council Meeting
yune 15, 1992
Page 199
MOTION was mode by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-337
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY
PLAN/PLAT AND CONDITIONAL USE PERMIT FOR GRAHAM LAND
DEVELOPMENT COMPANY FOR PLYMOUTH POINTE LOCATED AT 43RD
AVENUE NORTH AND NORTHWEST BOULEVARD X92034).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt ORDINANCE NO. 92-14
AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS
LOCATED NORTHWEST OF THE INTERSECTION OF NORTHWEST
BOULEVARD AND 42ND PLACE NORTH FROM FRO (FUTURE RESTRICTED
DEVELOPMENT) TO R-3 (MEDIUM DENSITY MULTIPLE R SiDENCE).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-338
SETTING CONDITIONS TO BE MET PRIOR TC PUBLICATION OF
ORDINANCE REZONING LAND FOR GRAHAM LAND DEVELOPMENT
COMPANY LOCATED NORTHWEST OF THE INTERSECT IN OF NORTHWEST
BOULEVARD AND 42ND PLACE NORTH (92034).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-339
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AMENDMENT
AND VARIANCE FOR CHRIST MEMORIAL LUTHERAN CHURCH (92038)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-340
APPROVING CONDITIONAL USE PERMIT FOR QUANTUM DEVELOPMENT
FOR THE FOUNDATION FOR APPLIED STUDY TECHNOLOGY, INC.
LOCATED AT 12325 STATE HIGHWAY 55 (92039).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-341
APPROVING FINAL PLAT FOR SHERWOOD PERL FOR "PARKERS WOODS"
LOCATED NORTHEAST OF KINGSVIEW LANE AND THE LUCE LINE
TRAIL (91037).
RESOLUTION 92-337
APPROVING RPUD PREL.
PLAN/PLAT AND CUP FOR
PLYMOUTH POINTE
92034)
Item 6-1
ORDINANCE 92-14
REZONING PROPERTY FOR
PLYMOUTH POINTE
92034)
Item 6-1
RESOLUTION 92-338
SETTIN CONOITIbNS TO
BE MET PRIOR TO
PUBLICATION (92034)
Item 6-I
RESOLUTION 92-339
APP OVING S TE PLAN,
CUP, AND VARIANCE, FOR
CHRIST MEMORIAL
LUTHERAN CHURCH
92038)
Item 6-J
RESOLUTION 92-340
APPROVING CONDITIONAL
USE PERMIT FOR
FOUNDATION FOR APPLIED
STUDY TECHNOLOGY, INC.
92039)
Item 6-K
RESOLUTION 92-341
R 0 V I NT—FTWA-L--P LAT
FOR PARKERS WOODS
91037)
Item 6-L
0
Regular Council Meeting
June 15, 1997
Page 200
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-342
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND
RELATED TO FINAL PLAT FOR SHERWOOD PERL FOR "PARKERS
WOODS" LOCATED NORTHEAST OF KINGSVIEW LANE AND THE LUCE
LINE TRAIL (91037).
Motion carried on a roll call vote, five ayes.
Mayor Bergman introduced the request of U.S. Homes
Corporation for Final Plat and Development Contract
approval for Bridlewood Farms 2nd Addition, located
southwest of Medina Road and County Road 101.
Bill Pritchard, Orrin Thompson Homes, stated the
subdivision grading is about 50 percent complete. He
requested that the Council tinsider adding a condition to
the approving resolution to allow reduced front yard
setbacks from 35' to 30' fog eight lots in the southern
portion of the plat in order to %ave trFes. This is
p arti..ularly needed for Lots 7-10, Bloct 4, but he
requested approval for eight lots which would be 25
percent of the total lots in the subdivision.
Mayor Bergman asked Community Development Director
Dillerud to comment on this request.
Director Dillerud stated that on more recent plats, the
Council has granted authority to staff to allow a reduced
front yard setback on up to 25 percent of the lets in a
development on a case-by-case basis. In this situation,
the developer is appropriately making the request of the
Council. He stated no objection to the request.
MOTION was made by Mayor Bergman, seconded by
Councilmember Edson, to adopt RESOLUTION 92-343 APPROVING
FINAL PLAT FON U.S. HOMES CORPORATIUN FOR "BRIDLEWOOD FARM
2NO ADDITION" IOCATED SOUTHI'IEST OF MEDINA ROAD AND COUNTY
ROAD 101 (92037), adding a condition to allow a reduced
front yard setback from 35 to 30 feet on up to eight lots
to be approved by staff.
Motion carried on a roll rail vote, five ayes.
RESOLUTION 92-342
SETTING CONDITIONS TO
BE MET PRIOR TO FILING
91037)
Item 6-L
U.S. Homes Corp.
Bridlewood Farms 2nd
Addition (92037)
Item fi-M
RESOLUTION 92-343
APPROVING FINAL PLAT
FOR BRIDLEWOOD FARM
2ND ADDITION (92037)
Item 6-M
Regular Council Meeting
June 15, 1992
Page 2.01
MOTION was made by Mayor Bergman, seconded by RESOLUTION 92-344
Councilmember Edson, to adopt RESOLUTION NO. 92-344 SETTING CONDITIONS TO
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND BE MET PRIOR TO FILING
RELATED TO FINAL PLAT FOR U.S. HOMES CORPORATION FOR (92037)
BRIDLEWOOD FARM 2ND ADDITION" LOCATED SOUTHWEST OF MEDINA Item 6-M
ROAD AND COUNTY ROAD 101 (92037).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmembev Helliwell, seconded by RESOLUTION 92-345
Councilmember Tierney, to adopt RESOLUTION NO. 92-345 A04601NG FINAL PLAT
APPROVING FINAL PLAT FOR THOMAS FISHER FOR "GREENWOOD FOR GREENWOOD PONDS
POKS" LOCATED AT 3525 COUNTY ROAD 101 (91057). (91057)
Item 6-N
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-346
Councilmember Tierney, to adopt RESOLUTION NO. 92-346 SETTIIT6 CONDITIONS TO
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND BE MET PRIOR TO FILING
RELATED TO FINAL PLAT FOR THOMAS FISHER FOR "GREENWOOD (91057)
PONDS" LOCATED AT 3525 COUNTY ROAD 101 (91057). Item 6-N
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-347
Councilmember Tierney, to adopt RESOLUTION NO. 92-347 ADOPTING ASSESSMENTS,
ADOPTING ASSESSMENTS, CITY PROJECT NO. 216, SANITARY SEWER PROJECT NO. 216 -
AND WATERMAIN AREA - GREENWOOD PONDS ADDITION. GREENWOOD PONDS
ADDITION
Motion carried on a roll call vote, five ayes. Item 6-N
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-348
Councilmember Tierney, to adopt RESOLUTION NO. 92-348 APPROVING 1 A FUND
APPROVING HOUSING AND REDEVELOPMENT AUTHORITY FUND BUDGET BUDGET LINE ITEM
LINE ITEM TRANSFER. TRANSFER
Item 6-0
Motion carried on a roll call vote, five ayfs.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-349
Councilmember Tierney, to adopt RESOLUTION NO. 92-349 APPROVING RENERL OF
APPROVING RENEWAL OF ON -SALE 3.2 LIQUOR LICENSES. ON -SALE 3.2 LIQUOR
LICENSES
Motion carried on a roll call vote, five ayes. Item 6-P
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-350
Councilmember Tierney, to adopt RESOLUTION NO. 92-350 A 1 R N NAL OF
APPROVING RENEWAL OF OFF -SALE 3.2 LIQUOR LICENSES. OFF -SALE 3.2 LIQUOR
LICENSES
Motion carried on a roll call vote, five ayes. Item 6-P
Regular, Council Meeting
June 15, 1997
Paqe 202
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-351
Councilmember Tierney, to adopt RESOLUTION NO. 92-351 APPRFVflj6 TEMPORARY
APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS 3.2 LIQUOR LICENSEONS FOR
CLUB. PLYMOUItem 6-Q
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-352
Councilmember Tierney, to adopt RESOLUTION NO. 92-352 AAP b VINC PLAY1AND
APPROVING PLANS AND SPECIFICATIONS AND ORDERING SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS, 1992 SEAL COAT PROGRAM. ORDERINGBIDS. 1992
SEAL COAT AM
Motion carried on a roll call vote, five ayes. Item 6-11
Mayor Bergman explained that the Council is considering an Ordinance increasing
increase in the water account charga fees from b1.50 to Water Account Fee to
1.94 per month (44t per month or 55.28 per year). State cover Water Testing
legislation was adopted in 1992 requiring cities, on Charge to State
behalf of the Department of Health, to collect $5.21 Item 6-S
annu ails for every service connected to a public water
system fur purpose of water testing. Mayor Bergman asked
residents to contact their legislators if they believe
they do not receive benefit from this fee.
MOTION was made by Mayor Bergman, seconded by ORDINANCE. 92-15
Councilmember Edson, to adopt ORDINANCE NO. 92-15 RELATING ORNINANCIE AMENDMENT
TO WATER CHARGES AND AMENDING SECTION 720.17(a` OF THE rOR
TESTING FEE
QUALITY
PLYMOUTH CITY CODE. Item 6-S
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-353
Councilmember Tierney, to adopt RESOLUTION NO. 92-353 A1PTH0 IZiNCTUKHASE
AUTHORIZING THE PURCHASE OF PRINTERS UNDER STATE OF OF PRINTERS UNDER
MINNESOTA COOPERATIVE PURCHASING CONTRACT. STATEECOOPERATIVEPURCHASNG CT
Motion carried on a roll call vote, five ayes. Item 6-T
MOTION was made by Councilmember Helliwell, seconded by RESOLUTION 92-354
Councilmember Tierney, to adopt RESOLUTION NO. 92-354 ASE T- 1 PTION AND
DECLARING ADEQUACY OF PETITION AND ORDERING PREPARA'ION OF ORDERING REPORT,
REPORT, STREET 110TING - SEVEN PONDS THIRD ADDITION. STREETPONDSLIGHTINNG -
Motion carried on a roll call vote, five ayes. ADDITIUN
Item 6-U
I
Regular Council Meeting
June 15, 1992
Paye 203
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESVL'JTION NO. 92-355
RECEIVING REPORT AND ORDERING PROJECT - STREEr LIGHTING,
SEVEN PONDS THIRD ADDITION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded
Councilmember Tierney, to adopt RESOLUTION NO. 02-356
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A
DRAINAGE EASEMENT, PARCEL 14 -118 -2? -14-0006.
Motion carried on a roll call vote, five ayes.
RESOLUTION 92-355
RECEIVING REPORT AND
ORDERING STREET
LIGHTING - SEVEn PONDS
THIRD ADDITION
Item 6-U
by RESOLUTION 92-356
ORDERING HEARING ON
VACATION OF A DRAINAGE
EASEMENT
Item 6-V
MOTIO'I was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-357
APPROVING PLANS AND SPECIFICATIONS AND OR1lEkING
ADVERTISEMENT FOR BIDS, BRIDLEWOOD FARM 2ND ADDITION
IMPROVEMENTS, CITY PROJECT NO. 206.
Motion carried on a roil rall vote, five dyes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-358
MODIFYING RESOLUTION NO 90-803 AND EXTENDING THE
EXPIRATION DATE ON THE TEMPORARY EASEMENTS TO DECEMBER 3:,
1993.
Motion carried on a roll call vote, five ayes.
City Engineer Faulkner stated the City has been
negotiating with Dr. Mein Fa Tchou to acquire right-nf-way
for Project Numbers 011, 205, and 213, Schmidt Lake Road
and Northwest Blvd. improvements. A tentative agreement
has been reached with Dr. Tchou where the City would
purchase '.6.37 acres of his property For $25,000 per acre,
for a total purchase price of $409,250. Dr. Tchou has
requested that in lieu of full pa ment, the special
assessments that would accrue to him as a result of these
projects, he applied toward the pur ease price and that no
future asse,sments be applied to his property as a result
of these projects.
Councilmember Vasiliou asked if the proposal has been
reviewed by the City Attorney.
Engiixvr Fr,ilknNr stated yes.
RESOLU11ON 92-357
APPROVING PLANS AND
SPECIFICATIONS AND
ORDERING BIDS, PROJECT
NO. 206
Item 6-W
RESOLUTION 92-358
REVISING RESOIUTION
AUTHORIZING
CONDEMNATION PROCEDURE
FOR PROJECT 015
Item 6-X
Waiver of Future
Assessments as part of
Easement/Land Purchase
for Projects 011, 205,
ind 213
Item 5-f
Regular Council Meeting
June 15, 1992
Page 20n
MOTION was made by Councilmember Vasiliou, seconded by
Counc'imember Edson, to adopt RESOLUTION NO. 92-359
AUTHOLIZING THF APPLICATION OF FUTURE SPECIAL ASSESSMENTS
TOWARD PURCHASE OF THE NECESSARY RIGHT-OF-WAY FOR CITY
PROJECT NO'S 011, 2051 AND 213.
Motion carried on a roll call vote, four ayes, Helliwell
nay.
Councilmember Helliwell stated her no vote reflects her
opposition to Projects 205 and 213 relating to Schmidt
Lake Road improvements.
Finance Director -Hahn recommended that the Council approve
purchase of furnishings for the Public Safety Building
from General Office Products Company, Lino Lakes
industries, Pink Office interiors, and Metro Systems
Furniture.
Brad A. Boen, 2420 33rd Avenue NE, asked if these
furnishings include the proposed closed circuit tel -vision
system for the Public Safety Building.
Mayor Bergman stated no, the closed circuit system bids
will he cons;dered by the Council at the next regu'ar
meeting.
MOTION was made by Councilmember Helliwell, seconder) by
CouncilmPURCHASEQOFer Vasiliou, to
FURNISHINGS
FORaTHEtNEWSPUBLICN2-
360
SAFETY
BUILDING.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION NO. 92-361
AUTHORIZING THE ISSUANCE AND SALE 3F $3,750,000 VARIABLE
RATE
1992
AEANDDBI(FOODRIAL FNGINEERINGMENT
REVEUE BONDS,
CORPORATION PROJECT)
ETOES
FINANCE A PROJECT.
Motion carried on a roll call vote, five ayes.
Mayor Bergman opened a public hearing on vacation of
easements on Lot 1, Block 2, Circle Star Ruttiness Center.
No one appeared, and the hearing was closed.
RESOLUTION 92-359
AUTHORIZING
APPLICATION OF FUTURE
SPECIAL ASSESSMENTS
TOWARD PURCHASE OF
RIGHT-OF-WAY
Item 6-Y
Purchase of
Furnishings for Public
Safety Building
item 6-Z
RESOLUTION 92-36.0
PURCHASE 4F
FURNISHINGS FOR NEW
PUBLIC SAFETY BUILCINC,
Item 6-Z
RESOLUTION 92-361
AUT ORIZIN ISSUANCE
AND SALE OF INDUSTRIAL
DEVELOPMENT REJENUE
BONDS FOR FOOD
ENGINEERING
CORPORATION
Item 6 -AA
Regular Council Meeting
June 15, 1992
Page 205
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Edson, to adopt RESOLUTION 92-362
AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENT,
LOTS I AND 2, BLOCK 2, CIRCLE STAR BUSINESS CENTER FIRST
ADDITION.
Motion carried on a roll call vote, five ayes.
NON -CONSENT ITEMS
Mayor Bergman stated that Goff Homes, Inc., the applicant
for a rezoning request from FRO to R-4, Site Plan and
Conditional Use Permit for 156 units of townhomes at the
west side of Xenium Lane at 37th Avenue North, has
requested deferral to July 6 to provide an opportunity to
obtain legal counsel.
Scott Miller, 5000 Northwest Center, stated he serves as
counsel for area homeowners. He stated objection to the
delay which will inconvenience his clients. He stated
that Goff Homes has had ample opportunity to obtain legal
counsel.
MOTION was made by Mayor Rergman, seconded by
Councilmember Vasiliou, to defer the request of Goff Homes
to July 6, and to direct Goff to share any correspondence
sent to the Council with Mr. Miller.
Councilmember Vasiliou stated that she feels it is
important that the issue be decided on July 6 and no
further delays occur, unless new information is provided.
Motion carried, five ayes.
Community Development Director Oillerud stated that on
April 20, 1992, the Council directed staff to order a
traffic study from Strgar-Roscne-Fausch that would model
the traffic counts resulting from the proposal to
eliminate the collector status of the Fernbrook Lane
Corridor between County Road 6 and Gleason Lake Urive.
The elimination of the minor collection status would be
accomplished through an amendment to the Transportation
Element of the Comprehensive Plan. The net result of the
recommended amendment would be that Fernbrook Lane would
end in a cul-de-sac at the Luce Line Trail on hoth the
north and south %Ides.
RESOLUTION 92-362
VACATION OF EASEMENT
IN CIRCLE STAR
BUSINESS CENTER FIRST
ADDITION
Item 7-A
Goff Homes, Inc.
Request for Rezoning
for 156 units of
townhomes at the west
side of Xenium Lane at
37th Avenue North
92012)
Item 8-C
Amendment to
Transportation Element
of Comprehensive Plan
to remove Minor
Collector designation
of Fernbrook Lane
Item 8-A
Regular Council Meeting
June 15, 1992
Page 206
Director Dillerud stated the traffic study indicates there
would not be a significant impact on the regional system
I-494), but there could be a significant impact on local
streets such as Niagara Lane/Shenandoah Lane, Vicksburg
Lane, and County Road 6 east to Parkers Lake. The
consultant and staff recommend that no amendment be made
to the Transportation Element due to projected impacts on
local streets.
Assistant Manager Boyles suggested that if the Council
desires to amend the plan, they may wish to conduct
meetings with residents on local streets who may
experience a traffic increase.
Director Dillerud stated that following receipt of the
consultant's study, the Planning Commission conducted
another public hearing on this issue. The Commission
recommended that the Council amend the Transpnrtation
Element to remove the minor collector street
classification on Fernbrook Lane from County Road 6 to
Gleason Lake Drive. The Planning Commission does not
believe the traffic impacts will be as significant as
predicted by the consultant_ and staff.
MOTION was made by Mayor Bergman, seconded by
Councilmember Vasiliou, to adopt RESOLUTION NO. 92-363
APPROVING AMENDMENT TO THE TRANSPORTATION ELEMENT OF T4F
PLYMOUTH COMPREHENSIVE PLAN (91036).
Jeremy Wilson-Sando, 14400 4th Avenue North, supported the
Planning Commission recommend3t;011. He asked when the
unneeded portion of Fernbrook lane would be vacated.
Engineer Faulkner stated any vacation process wovid occur
subsequent to the Council's action on this item.
Alice Williams, 14.125 12th Avenue North, stated the
traffic impact on Fernbrook Lane will be significant if
the minor collector status is not removed. It will be an
unsafe condition for bikers and walkers using the Luce
Line at Fernbrook lane.
Councilmember Tierney expressed concerr with the traffic
impact on surrounding local streets if minor collector
status is removed on Fernhrook Lane. She also viewed the
RESOLUTION 92-363
APPROVING AMENDMENT TO
THE TRANSPORTATION
ELEMENT OF THE
PLYMOUTH COMPREHEASIVE
PLAN (91036)
Item S-A
0
Regular Council Meeting
June 15, 1992
Page 207
resulting long cul-de-sac as possibly precedent setting
and a safety concern. The Council previously voted not to
connect 10th Avenue io Kingsview Lane, as recommended by
the Planning Commission.
Director Dillerud stated the length between major
intersections would be nearly 1/2 mile. He stated the
projected traffic count on Fernbrook with the connection
is 4,000 vehicles per day, and 2,600 vehicles per day
without the connection.
Councilmember Tierney stated this is a unique parcel of
property, but she has serious safety concerns with respect
to puhlic safety and the long cul-de-sacs, and with the
increased traffic on surrounding local streets.
Councilmember Vasiliou stated that she does .lot favor
transferring traffic to other neighborhoods, 6A in this
case, she feels the impact would 6e less in the
residential area if Fernbrook Lane is removed as a minor
collector.
Director Dillerud stated an emergency access is contained
as a condition of the proposed approving resolution.
Motion carried on a roll call vote, -Five ayes.
Engineer Faulkner presented the staff report on a petition
for two-way stop installation at 47th Avenue at Harbor
Lane. He stated the petition request has been amended
from the original request of an all -way stop to only stopsignson47thAveniiewithsoutherlytrafficonHarborLane
not being required to stop.
Ile stated the Council recently authorized the installeion
of a two-way stop sign on 47th Avenue at Ithaca Lane one
block west which stops east/west traffice. The Council
received the results of Public Safety Department traffic
checks conducted at 47th Avenue and Harbor Lane over the
last few weeks. A consistent problem of westbound
vehicles "cutting the corner" at Harbor Lane was
discovered. There were not a significant number speeding.
He recommended that the petition for stop signs at 4?th
Avenue at Harbor Lane be rejected. If a Stop sign
installation is approved, he recommended an all -way stop
rather than the requested two-way stop. The two-way stop
would tend to cause driven conrusion as well as give the
right-of-way to the least traveled leg of tho
intersection.
Request for Two -Way
Stop at 47th Avenue at
Harbor Lane
Item 8-0
Regular Council Meeting
June 15, 1992
Page 208
Paul Wessel, 14500 47th Avenue North, and Bob Russek,
Av1443547th enje North, requested a two-way stop sign
installation no behalf of the neighborhood. They stated
stop signs will improve the safety for the 35 children wholivealongtwoblocksof47thAvenuebyreducingspeed. There is also a safety risk due to the school bus stop at
this intersection. Mr. Russek stated the petition has
unanimous support of the residents living within 500' of
the intersection. They showed slides depicting the street
inclines and traffic patterns at this intersection.
Councilmember Helliwell asked if the neighbors have
notices; a difference in vehicle speed since the stop siyns
were installed at 47th Avenue and Ithaca a month ago.
The neighbors were unaware that traffic speed or patterns
hal changed, and stated no objection to an all -way stop as
recommended by staff as an alternative to the requested
two-way stop.
MOTION was made by Councilmember Helliwell to approveinstallationofanall -way stop at 47th Avenue and Harbor
Lane.
Mutinn d4ed for lack of a second.
Assistant Manager Boyles described the Public Safety
checks at this intersection. Eighty-eight percent of
vehicles were under the maximum speed limit; twelve
percent were above. The police officer noted that
individuals run the stop sign and "cut the corner" when
turning. The officer suggested street striped markings 0
encourage drivers to make appropriate turns.
Mayor Bergman suggested that the street be r.triped and
radar conducted for a period of time. The Couiicil can
again consider the request if the reports warrant it.
Council -member Vasiliou favored this suggestion because the
effect of the stop sign installation at 47th Avenue and
Ithaca Lane on this intersection are yet unknown.
MOTIO4 was made by Councilmember Vasiliou, seconded by
Mayor Bergman, tv direct staff to stripe this intersection
to encourage appropriate turning movement, and to condurt
radar weekly for 60 days, with biweekly reports to the
L.:urci 1 .
Regular Council Meeting
June 15, 1992
Page 209
Councilmember Helliwell questioned why the Council would
not authorize installation of stop signs as requested
since it was aporoved for the intersection a block away.
Councilmember Vasiliou stated concern with transferring
traffic to other neighborhoods by encouraging through
drivers to reroute to streets without stop signs.
Mayor Bergman stated this is a unique request because stop
signs were so recently installed one block away and
because of the complaint about vehicles "cutting the
corners."
Motior carried on a roll call vote, four ayes; Helliwell
nay.
Community Development Director Dillerud presented the
staff report on the request of Carlson Real Estate Company
for Final Plat and Development Contract for Harbor Woods
located north and east of Harbor Lane and 8th Avenue
North. He stated the Development Contract was returned
unsigned by the developer.
He recommended that Condition No. 11 of the draft
r!solutions be deleted to be consistent with the change
approved by the Council to the Transportation Element of
the Comprehensive Plat; to eliminate Fernbrook Lane as a
minor collector street. The final plat would be modified
to reflect a full cul-de-sac and emergency access across
the Luce Line, rather than Fernbrook Lane as a through
treet.
girector Dillerud stated that a deainage Swale extends
from a pond on the easterly to the westerly side of the
plat. The developer has asked the Council to consider the
issue of what to do about the homes proposed for the two
lots which would be affected by the drainage area with
respect to basement elevations. The City Engineer
continues to be concerned with the potential for
downstream restrictions on an overflow swale and the
possibility of water backing up into basements of homes
adjacent to the swale. Staff recommends that the
requirement that the developer resolve this issue continue
to be part of the Engineer's Memorandum.
The petitioner has also requested that the assessment
rates for the lots located along Harbor Lane be consistent
wife the rate previously charged to existing homes along
Feri;hrook Lane (about SIO/fool), rather than the proposed
Carlson Real
Company
Harbor Woods
90093)
Item 8-B
Estate
Regular Council Meeting
June 15, 1992
Page 210
charge of about $69 per foot. The petitioner feels the
new lots should be charged in the same manner as
reconstruction projects. Director Dillerud explained that
the previous assessments referred to by the petitioner
were existing properties where improvements were "forced"
by abutting development, and the existing owners deemed
the street satisfactory.
Director Dillerud recommended approval of the Final Plat
with the deletion of Condition No. 11 relating to the
status of Fernbrook LanE.
Rick Sathre, Sathre-Bergquist,
Estate Company. He stated the
deletion of Condition No. 11.
also consider the request for
be consistent with the amounts
lots on Harbor Lane.
represented Carlson Real
petitioner concurs with the
He asked that the Council
reduced assessment rate to
charged to the existinq
Engineer Faulkner explained that the development of
Harbor Place" necessitated the construction of Harbor
Lane in the previous project. only the assessment rate
for existino residences was reduced in accordance with the
assessment policy fo street. reconstruction.
Mr. Sathre stated Carlson Real Estate does not wish to
waive its rights to .a future public hearing and rights to
challenge the assessments.
Mr. Sathre asked if it was necessary for Carlson Real
Estate to obtain City approval to trenafer title of Outlot
A, as listed in Condition No. 12. He stated the
petitioner is offering to dedicate the Outlot to the City.
The property has a blanket easement which prevents
development, but it has value as open space. Ar
alternative is for the petitioner to deed the 0ltl0t to a
nonprofit organization.
Mr. Sathre expressed concern about the requirement to
provide sewer and water services to the Thimsen property
formerly Gersbach). Although the preliminary plat
indicates that Thimsen shall pay for the costs Of
providing the service, there is no mechanism which
quarantees that Carlson will be reimbursed. He suggested
that the petitioner be allowed to isk Thimsen for the
actual construction costs to include engineeringi
surveying, and administration fees. if payment s not
received prior to construction of utilities, Carlson Real
Estate would not be required to install them.
Reqular Council Meeting
June 15, 1992
Page 211
Mark Thimsen, 2335 Jonquil Lane, owner of the abutting
property, stated he would like the option of getting his
own contract for installation of the services to his home.
Mayor Bergman explained that the services installed
through the Carlson contract would stop at the property
line. Mr. Thimsen could then get his own contract to
complete the installation to his home.
Mr. Sathre stated he believed the ;petitioner could work
with staff to resolve the issues relating to basement
el?vations of the homes affected by the drainage Swale.
MOTION was made by Mayor Bergman, seconded by
Councilmember Fdson, to adopt RESOLUTION NO. 92-364
APPROVING FINAI PLAT AND DEVELOPMENT CONTRACT FOR CARlSI1N
REAL. ESTATE COMPANY FOR HARBOR WOODS LOCATED NORTH ANIS
EAST OF HARBOR LANE AND 8TH AVENUE NORTH (50093),
retaining the condition that Fernbro3k Lane shall end in a
cul-de-sac at the Luce Line Trail, deleting the
requirement that the petitioner shall waive their rights
to a future public hearing and to challenge the
assessment, and requiring the petitioner to install
services to the Thimsen property only if payment is made
to the petitioner by the abutting prooerty owner.
Councilmember Tierney asked if Outlot A could become the
property of the homeowners association.
Director Dillerud stated a homeowners association is not
proposed for this plat. The adjacent homeowners
association may be interested in ownership. Fveryone
wants the open space amenity th;tt t'•% uutlot provides, but
no one wants the potential liabilit-.
Mayor Bergman stated the City could decide later whether
to consider accepting dedication. The condition should
remain in the resolution for now.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by
Councilmember Edson, to adopt RESOLUTION NO. 92-365
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND
RELATED TO FINAL PLAT AND VARIANCES FOR CARLSON REAL
ESTATE COMPANY FOR HARBOR WOODS (90093), retaining the
condition that Fernbrook Lane shall end in a cul-de-sac at
the lace Line Train, deleting the requirement that the
RESOLUTION 92-364
APPROVING FINAL PLAT
AND DEVELOPMENT
CONTRACT FOR CARLSON
REAL ESTATE COMPANY
FOR HARBOR WOODS
90093)
Item 8-B
RESOLUTION 92-365
SETTWING CONDITIONS TO
BE MET PRIOR TC FILING
90093)
Item 8-B
Regular Counci
June 15, 1992
Page 212
Meeting
petitioner shall waive their rights to a future public
hearing and to challenge the assessment, and requiring the
petitioner to install services to the Thimsen property
only if payment is made to the petitioner by the abutting
property owner.
Motion carried on a rnil call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by
Councilmember Edson, to adopt RESOLUTION NO. 92-366
ADOPTING ASSESSMENTS, CITY PROJECT NO. 209, SANITARY SEdFR
AND WATERMAIN AREA - HARBOR WOODS ADDITION.
Notion carried on a roll call vote, five ayes.
Director Dillerud stated the Planning Commission on a
unanimous vote, with Commissioner Scherer abstaining,
acted to recommend approval of a Residential Planned Unit
Development Concept Plan, Preliminary Plat/Plan,
Conditional Use Permit, and Rezoning from FRO to R -IA for
12.7 single family lots at the northeast corner of County
Road 101 and County Road 24 for Lundgren Bros.
Construction.
The applicant has requested d blanket approval of a 25
foot front yard setback on all lots. The Planning
Commission recommended a reduction from the 35 foot
standard to a 25 foot standard on up to 25 percent of the
lots to be approved by the Director of Community
Development. The applicant has requested minimum side
yard setbacks o4 six foot on the garage side and nine foot
on the living unit side. This is similar to the approved
setbacks for the Steeplechase Addition. The Planning
Commission recommended a minimum of 10 foot setback on the
garage side and 15 foot on the Iivino unit side.
Director Dillerud stated the applicant is proposing less
than a 100' frontage on the public street for the park
property. The applicant feels parking can be accommodated
in the proposed parking lot with berms and landscaping to
screen the parking lot from the abutting_ homes. The Park
and Recreation Director has recommended this frontage be
increased to 165 feet.
Director Dillerud stated two additiooal items are
recommended by staff, but are not contained in the
resolution recommended by the Plenning Commission. Staff
recommends that the public street extend easterly to the
abutting two acre parcel. Access could only be made to
RESOLUTION 92-366
ADOPTING ASSESSMENTS -
HARBOR WOODS ADDITION
Item 8-B
Lundgren Bros.
Construction
RPUD Concept Plan,
Prel. Plan/Plat, CUP
and Rezoning (92035)
Item •E
Regular Council Meeting
June 15, 1992
Page 213
this abutting site. or to Medina Road from the development.
The area to the east and south of the parcel is a wetland.
Staff also recommends that the Council consider
eliminating the active recreation private amenities
proposed in the development. Tennis courts and plsy
structures are proposed. Due to past problem, and
concerns with homeowner associations accepting
responsibility for maintenance and liability of shared
open space, staff recommends that this be eliminated.
Terry Forbord, Lundgren Bros. Construction, introduced
Peter Pflaum, Prr+;ident of Lundgren Bros. Con,ctructinn,
John Uban, Project Planner from DSU Inc.; Rick Sathr
t.ivil Fngineer and Surveyor from Sathre-Bergquist;
Franklin Svobuda, Wetland Specialist from Svoboda
Associates; and Bill Gonyea, representative of the
property fee owner.
Mr. Forbord stated the Planning Commission recommendation
relating to front yard setbacks and increased frontage on
the street for the public park results in a less of 14
lots for the development. Based on the average sale price
of lots in the City, this equates to between '1850,000 to
1 million in lost revenue to the developer.
Mr. Forbord requested that the Council give consideration
to four issues that are key to success of the development:
1) Reduced side and frort yard setbacks, 2) Park frontage
on the public street, 3) Medians in the street right-of-
way, and 4) Cul-de-sac islands. He stated that the
Steeplechase development is conceptually identical to this
proposed development. Steeplechase contains .mique
ponding and open space amenities. A minimum six foot
sideyard setback was allowed on garage sides and ten foot
setbarY on liviny :mit sides. Blanket 25 foot front yard
setbacks were also allowed. The reduced setback allowed
the units to be clustered, oesulting in increased open
space.
John Uban, Planning Consultant, stated the parcel has
highways on two sides and Medina Roar' u•. a third side.
The developer needs to minimize the imFact of traffic and
noise. Heavy landscaped berming is proposed along Highway
101. The reduced front yard setbacks would create larger
rear yards to be enjoyed by the homeowlie-rs.
Mr. Forbord stated that the parking lot proposed for the
public park would be heavily bermed and landscaped on both
sides to mitigate the impact of the parking lot on the
0
W
Regular Counril Meeting
June 15, 1997
Page 214
abutting units. the berming would be more effective than
a longer frontage on the public street.
Mr. Uban described the proposed medians and islands. He
showed slides of similar developpments, and stated the cul-
de-sac islands are designed to be low maintenance. The
islands serve to break up the view of the large area of
asphalt and clustered driveways in the cul-de-sacs. The
homeowner,' assLrIation will maintain the islands,
medians, and entry features.
Mayor Bergman asked if the tennis courts and play
structures could he placed in the public park so that the
homeowners' assoriation would not be responsible for
maintenance or liability insurance.
Mr. Pflaum stated that it is not expensive for the
homeowners' association to obtain liability insurance. It
is part of his development philosophy to have more
amenities than the competition and he requested that the
private amenities remain in the plan as proposed.
Councilmember Helliwell stated she has no problem with the
applicant's request to retain the park street frontage at
95 feet. 5'ie stated that berming and landscaping will he
more effective for the abutting homes than a greater
length from the parking lot without berming. She asked if
the proposed mediins and cul-de-sacs could create a public
safety concern fo+ the fire department.
Engineer Faulkner stated the medians will make access
somewhat more difficult for large emergency vehicles and
it could affect snow plowing operations. The Council
noted a number of subdivisions where similar entrance
medians exist.
Mr. Uban stated the medians and cul-de-sac islands can be
used for snow storage.
Councilmember Helliwell stated concerns with the request
to allow a minimum 25 foot setback on all lots,
particularly as the properties age and have second and
third owners.
Mr. Forhord stated that buyers are willing to accept
reduced setbacks and smaller lots in order to have the
amenitie, and a unique neighborhood that Lundgren Bros.
Constructioti devJ opments can provide
0
Regular Council Meeting
June 15, 1992
Page 215
Councilmember Tieri.ay stated that the applicant has
compared this develo;)ment to Steeplechase. She asked
staff to explain the d'fferences in guiding.
Director Dillerud stated this property is proposed fcr
LA -1 guiding; Steeplechase was LA -1 and LA -2.
Jim Stavros, 17430 County Road 24, stated he is generally
opposed to property rezoning, but he would like to iee
Lundgren Bros. Construction develop the property. He
asked if the cul-de-sac proposed adjacent to his property
could be moved further to the west.
Mr. Forbord stated Hennepin County has required that the
cul-de-sac and the road south of County Road 24 be aligned
for public safety reasons. Also, a trail is proposed
along this property line.
Mr. Pflaum stated he will work with Mr. Stavros on this
issue and will install landscaping to buffer Mr. Stavros'
property from the cul-de-sac.
Councilmember Helliwell asked the developer to notify
future property owners adjacent to the park that a parking
lot is proposed.
Mayor Bergman asked if the elevations approaching the
ponds are gradual. Some ponds in the City have drop-offs
which are a maintenance and safety concern.
Mr. Sathre responded that, in general, 0e maximum slope
would be 3' horizontal to 1' vertical. An areas of more
vegetation, the slope would be as great as 10 to 1.
MOTION was made by Councilmember Edson, seconded by
Councilmember Vasiliou, to adopt RESOLUTION NO. 92-367
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT
PLAN FOR LUNDGREN BROS. CONSTRUCTION LOCATED AT THE
NORTHEAST CORNER OF COUNTY ROAD 101 AND COUNTY ROAD 24
92035), deleting Item 268 of the Engineer's Memo in order
to allow construction of medians and cul-de-sac islands,
and amending Condition 12A to allow minimum 9' sideyard
setbacks on the living unit side and 6' on the garage
side, and minimum 25' front yard s3tbacks on 25 percent of
the lots to he approved by the Director of Coqununity
Development.
MOTION to amend thr main motion was made by Councilmrmlirtr
Tierney, seconded by Councilmember Helliwell, to amt! .1
RESOLUTION -92-36792-367
APROONG RPUD CONCEPT
PLAN FOR LUNDGREN
BROS. CONSTRUCTION
92035)
Regular Council Meeting
June 15, 1997
Page 216
Condition 15 to allow a 95' street frontage on the public
park outlot with the developer responsible for all
berming, landscaping, and par,.ing lot improvements.
Councilmember Vasiliou stated that adequate street
frontage on public parks is desired by residents because
of concerns of lack of parking. However, this park
includes an off-street parking lot which should adequately
serve the park.
Mr. Forbord asked that the Council consider a blanket 30'
minimum frort yard setback with 25' on 25 percent of the
lots.
Motion to amend carried on a roll call vote, five ayes.
Main motion, as once amended, carried on a roll call vote,
five ayes.
MOTION was made by Councilmember Edson, seconded by RESOLUTION 92-368
Councilmember Vasiliou, to adopt RESOLUTION NO. 92-368 APPROVING RPUD PREL.
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT/PLAN AND CUP FOR
PLAT/PLAN AND CONDITIONAL USE PERMIT FOR LUNDGREN BROS. LUNDGREN BROS.
CONSTRUCTION LOCATED AT THE NORTHEAST CORNER OF COUNTY CONSTRUCTION (92035)
ROAD 101 AND COUNTY ROAD 24 (92035), deleting Item 268 of
the Engineer's Memo in order to allow construction of
medians and cul-de-sac islands, and amending Condition 12A
to allow minimum 9' sideyard setbacks on the living unit
side and 6' on the garage side, and minimum 25' front yard
setbacks on 25 percent of the lots to be approved by the
Director of Community Development.
MOTION to amend tht main motion was made by Councilmember
Tierney sr(onded by Counc`lmember Helliwell to amend
Condition 1; to allow a 95' street frontage on the public
ppark outlet vith the developer responsible for all
bermimr, landscaping, and parking lot improvements.
Motion to amend carried on a roll call vote, five ayes.
Main motion, as once amended, carried on a roll call vote,
five ayes.
MOTION was made by Councilmember Edson, seconded by ORDINANCE 92-16
Councilmember Vasiliou, to adopt ORDINANCE NO. 92-16 RMDFu NSR LONDGREN
AMENDING THE ZONING ORDINANCE TO CLASSIFY CERIAIN LANDS BROS. CONSTRUCTION
LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 101 AND (92335)
COUNTY ROAD 74 AS R -IA (LOW DENSITY SiNGLL FAMILY Item 8-E
Ris m.NTIAL) (92035).
0
Regular Council Meeting
June 15, 1992
Page 217
Motion carried on a roll tail vote, five ayes.
MOTION was made by Councilmember Edson, seconded by RESOLUTION 92-369
Counc'11member Vasiliou, to adopt RESOLUTION NO. 92-369 SETTING CONDITIONS TO
SETTING CONDITIONS TO BE MET PRIOR f0 PUBLICATION OF RE MET PRIOR TO
ORDINANCE REZONING LAND FOR LUNDGREN BROS. CONSTRUCTION PUBLICATION
FROM FRD (FUTURE RESTRICTED DEVELOPMENT DISTRICT) TO R -IA item 8-E
LOW DENSITY SINGLE FAMILY RESIDENTIAL) (92035).
Notion carried on a roll call vote, five ayes.
Mayor Bergman reported on a study session that was held to Zoning Ordinance
discuss a proposed Zoning Ordinance Amendment regarding Amendment regarding
adult correction facilities. Adult Correction
Facilities
Item 8-F
Director Dillerud stated that based on discussions held at
the study meeting, staff has modified the Planning
Commission recommend Zoning Ordinance Amendments to
reflect the structure and parking setbacks ds 200 feet for
front yard setback and 400 feet for side and rear yard
setbacks. The effect of the proposed standards with
respect to the existing Adult Correction Facility would be
to preclude structure or parking expansions to the south,
but to allow the future gymnasium and adult education
buildings as contained in the current Master Plan, without
the need for setback variances.
Mayor Bergman asked Sig Fire to verify the current number
of beds in the various facilities.
Sig Fine, Director of the Hennepin County Adult Correction
Facility, stated the maximum numbers are: 16a - work
release facility; 68 - women's facility; 400 - men's
facility, with 8 maximum security cells.
Councilmember Vasiliou asked if any future design of tl.e
facility would proposed more than eight maximum security
cells.
Mr. Fine responded that any future design is unknown, but
he didn't think more would be needed.
E
Regular Council Meeting
June 15, 1992
Page 218
MOTION was made by Councilmember Tierney, seconded by
Councilmember Vasiliou, to adopt ORDINANCE NO. 92-17
AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE
1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING
ORDINANCE, RELATIVE TO ADULT CORRECTION FACILITIES.
Motion carried on a roll call vote, five ayes.
RFSOLUTION 92-17
AMENDING _ZONING
16, ORDINANCE RELATING TO
ADULT CORRECTION
FACILITIES
Item 8-F
Assistant Manager Boyles presented the staff report on a
proposed program for liquor server training. He stated
that the Council concurred at a previous study session
that it may be most appropriate to consider requiring
minimum training for liquor servers, rather than engaging
in a full-fledged licensing program.
Councilmember Vasilic;j stated that the Wayzata -Plymouth
Chemical Health commission continues to support server
licensing.
NOTI0N was made by C.,uncilmember Vasiliou, seconded by
Councilmember Tierney, to direct staff to continue to
gather information on server licensing and training, to
direct the new Public Safety Director to provide a
recommendation on the issue, and to place this item as a
pending study session topic in order to report back to the
Chemical Health Commission in September.
Motion carried, five ayes.
Finanre Director Hahn introduced Susan Nelson, Honeywell,
to present an Energy Management Audit/Service Proposal.
Ms. Nelson stated the State Legislature has recently
enacted legislation providing that cities may develop
agreements with businesses which will guarantee savings in
energy and operational expenses. it allows the City to
select a vendor based or. experience, track record and
ability to perform when the energy and operation contract
is guaranteed to be self-funded without soliciting
competitive bids. She stated the Honeywell proposal
aliows for the analysis of existing conditions and
development of a long range plan for future needs with no
cost to the City. As part of the contract, the City would
agree that the preliminary evaluation and recommendations
of energy runseviation measures as well as the preliminary
proposal would remain the property of Honeywell and may
Liquor Server Training
Item 8-G
Honeywell Enes•gy
Management
Audit/Service Proposal
Item 8-H
Regular Council Meeting
June 15, 1492
Page 219
not be ased by the City for the purposes of competitive
bidding of for entering into a guarantee energy savings
contract with aliv other provider. She requested that the
Council approve a letter of authorization to negotiate a
contract with Honeywell.
Councilmember VasiliOu asked if the adopted legislation
included the provision that none of the informationprovidedtotheCitycanbeusedforcompetitivebidding.
Ms. Nelson stated that provision is added by Honeywell.
Since Honeywell would he providing a customized solution
to problems, they require that the information not be
shared with other vendors.
Councilmember Vasiliou asked if other vendors had been
contacted by the City.
Property Management Coordinator Tabery stated the City didnotseekothervendorsandnoothervendorshavecontacted
the City.
Councilmember Edson stated some concern with entering thisagreementandlaternothavingsufficientresourcesto
meet the needs noted in the study.
Ms. Nelson stated that during the engineering study, Honeywell considers energy costs and payback periods. State law requires that the program be self-funded.
Councilmember Helliwell asked if
to
therecontiwould
ojligation on the City's part
project.
Ms. Nelson stated the City can discontinue the project
following the initial study if desired.
MOTION was made by Councilmember Helliwell, seconded by
Mayor Bergman, to adopt RESOLUTION NO. 92-370 AUTHORIZING
THE MAYOR TO ENTER INTO AGREEMENT WITH HONEYWELLCORPORATIONTODETERMINESOLUTIONSFOROPERATIONAL COSTS
AND ENERGY SAVINGS.
Councilmember Edson asked how Honeywell gets paid and
asked if Honeywell is working with other cities.
Ms. Nelson stated Honeywell acts as general contractor
when projects identified under the program are auuthoorized
by the Council. This is not a shared savings p y
RESOLUTION 92-370
A T1 RIZI G GREEMENT
WITH HONEYWELL FOR
ENERGY MANAGEMENT
AUDIT/SERViCC PROPOSAL
Item 8-H
Regular Council Meeting
June 15, 1992
Page 220
Honeywell is currently working with Blaine, St. Louis
Park, Columbia Heights, Goodhue County, New Hope, and
Crystal. They have worked extensively with school
districts.
In response to a question by Councilmember Vasiliou, Ms.
Nelson stated Honeywell is not currently working with
other growing cities, similar to Plymouth.
Motion carried on a roll call vote, four ayes; Vasiliou
nay.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Tierney, to adopt ORDINANCE NO. 92.18
RELATING TO SOLICITOkS, PEDDLERS AND TRANSIENT MERCHANTS
AND AMENDING, SECTION 1140 OF THE PLYMOUTH CITY CODE.
Motion carried on a roll call vote, five ayes.
ORDINANCE 92-18
AMENDINg fITY CODE
RELATING TO PEDDLERS
AND TRANSIENT
MERCHANTS
Item B-1
Assistant Manager Boyles ,tated that no action is, Deer Hunting in
recommended with respect to consideration of deer hunting Northwest Plymouth
in northwest Plymouth until July 6, in order to allow the Item 8-J
public sufficient time to comment on the proposal.
He ,;utlined the draft 1992 bow and arrow derr hunt
proposal: 1) The property owner must provide the Police
Departmrnt with a letter indicating that s/he will permit
bow hunting on their property. Further, the property
owner must provide a description of the property owned
i.e. number of acres, address, etc.); 2) The property
owner must have a minimum of ten acres; 3) The property
owner will be responsible for regulating the number of
hunters on his property; 4) The hunter must have proper
State license to bow hunt deer; 5) The hunter must have
written permission from the property owner in order to
obtain a City permit; 6) The hunter must have the
appropriate City permit on his person at all times while
hunting; 7) The hunter, in tracking animals, must have
permission of any landowner before retrieving deer; 8) The
hunter must submit Lhe Limited Firearm Use Permit Report
form pr,or to January 20, 1993. Failure to submit report
will result in future permits being denied; and 9) The
huntinq permit may be revoked at any time for cause.
Assistant Manager Boyles stated that a major portion of Payment of Bills to
the Holmes and Graven bills which were deferred from the Holmes and Graven
previous meeting related to work that was done for the Item 8-K
Charter Commission. He stated the Council Inas previously
approved IPgal fees in the Charter Commission budget. He
Regular Council Meeting
June 15. 1992
Page 221
asked that Cou ncilmembers list specific concerns related
to the bills so a response can be obtained.
Councilmember Vasil:an stated there is a listed amount of
3,564 to Steve Tallen. Even though this was part of the
paid disbursements, no detail was provided to the Council
on this bill. A copy should be provided in the
Information Memorandum.
Councilmember Tierney stated the Charter Commission was
embarrassed that the Council had not yet paid the attorney
for costs incurred with the proposed Charter.
Councilmember Vasiliou aid Mayo• Bergman stated they were
unaware that C hartpr Commission legal fees accounted for a
major portion of the legal bill.
MOTION wu-, made by Councilmember Vasiliou, seconded by RESOLUfION 92-371
Mayor Bergman, to ,adopt RESOLUTION NO. 92-371 APPROVING PAYMENT OF TLES TO
PAYMENT OF BILLS TO HOLMES AND GRAVEN relating to fees for HOLMES AND GRAVEN
the Charter Commission. Item B -K
SUBSTITUTE MOTiO'I was made by Councilmember Tierney,
seconded by Councilmember Helliwell, to adopt a resolution
approviny payment of bills to Holmes and Graven for the
notal amount for March and April.
Substitute motion failed; Helliwell and Tierney ayes;
Edson, Vasilio u, and Bergman nays.
Original motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by
Mayor Bergman, to refer all outstanding Holmes and Graven
bills to City Attorney Meller to arrive at a settlement.
Councilmember Tirrney asked
spend additional legal fees
work. She expected that the
costs when the decision was
Attorney appointment.
why the Council would want to
on payment for previous legal
City would pay transition
made to change the City
Councilmember Edon stated he objects to those bills that
fall under ge n eril categories, such as closing files. He
stated the fo rmet City Attorney charged fees for clotting
122 files, when that number of files was never listed on
the pending IitiL3tion status reports.
n
Regiclar Council Meeting
June 15, 197
rage 222
Councilmember Helliwell stated she considers closing files
as a normal transition cost. She asked Attorney Meller if
he would handle files in the same way.
He responded that he would normally close a file at the
time it is completed acid not leave it open.
Councilmember Vasiliou stated she believes the $7,000
monthly retainer should co-er costs of closing files.
Motion carried on a roll call vote: Edson, Vasiliou,
Bergman ayes; Helliwell and Tierney nays.
The Council reviewed the list of pending and completed
Council directives.
Councilmember Vasiliou asked that server training and
licensinq be added to the list of future study session
topics.
She also suggested that the Council discuss the content of
the Plymouth News with respect to publicity for the
proposed Charter. She said it is important to clarify
that the Charter Commission is a body independent of the
rounriI.
Mayor Bergman suggested that this "disclaimer" be included
in all publicity on the proposed Charter.
Council Directives
item 8-L-1
Liquor Server Training
and Licensing
Plymouth News -
Proposed Plymouth
Charter
The Council reviewed the Capital improvement and Project ProjectStatusReports
Status Reports.
item
Mayor Bergman stated he has been contacted by Amber Woods Street Reconstruction
residents who had the impression they would have access at Project
all times to their property during the street
reconstruction project.
Engineer Faulkner stated this may have been discussed
during the reconstruction project information meetings,
but this condition was not written into the contract. The
residents are to receive 24 hour advance notice if no
access and the staff will clarify this with the
contractor.
Mayor Bergman stated the City needs to be careful not to
mislead residents and creating false expectations.
MOTION was made by Councilmember Helliwell, seconded by
Counrilmemher Vasiliou, to accept the Project Status
Reports.
Regular Council Meeting
June 15, 1992
Page 273
Motion carried, five ayes.
Councilmember Helliwell reported that the she has been
serving on the Hennepin County Solid Waste Master Plan
Board. The Board has developed a five-year plan.
Plymouth is proposed for a recycling drop-off center
during that period.
Richard Kunz, 12005 3rd Avenue North, stated he moved to
his property in 1987. Ten new homes have built since
then, but the street still isn't completed.
Engineer raulkner rated the street is in but the final
wear coarse has ooc been installed.
Mr. Kunz stated the street and curb is broken up. de
would lake the street construction completed.
rounciio;s!mher Yzsiliou asked why the final wear coarse has
not been installea.
Engineer Faulkner stated the developer is nf)t expected to
install the final wear coarse until a subdivision is
substantially bOlt out. The street has some failures and
the City i% still holding a construction bond. The
developer will be required to repair and complete the
work.
Mayor Berriman asked that staff provide a written report on
this issue to the Council, with a copy to Mr. Kunz.
There being no further business, the meeting was adjourned
at 11:32 p.m.
CCR Reports
item 8-M
3rd Avenue North
Street Construction
l Chi C i Baa :. jtit ar
My Clerk
0