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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