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HomeMy WebLinkAboutCity Council Minutes 07-06-1992MINUTES REGULAR COUNCIL MEETING JULY 6, 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 Center, 3400 Plymouth Blvd._ ori July G, 1992. PRESENT: Mayor Bergman, Councilmembers Edson. Helliwell, Tierney, and Vasiliou STAFF PRESENT: City Manager Willis, Assistant City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes. Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A CERTIFICATE OF APPRECIATION TO DENNIS PAULSON Mayor Bergman read a Certificate of Appreciatio„ to Dennis Paulson ;or his work as Acting Director of Public Safety. City Manager Willis introduced Craig Gerdes, the new Public Safety Director. ITEM 4-13 MEM1sERSHIP IN SUBURBAN RATE AUTUORITY Public Works Director Moore stated that in 1991 the Council voted to withdraw the City's membership in the Subu, ban Rate Authority (SRA) effective January I, 1993. lir introduced Gloria Verling, Chairperson of the SRA Ms. Verling stated that all cities, both large and small, are needed fo- the SRA to remain efrective She ;ntroduced Bill Craig, Vice Chairperson of the SRA, Mr. Craig stated the SRA vigorously works to ensure fair utility rates fnr all communities He stated that SRA is tine of the oldest and most successful Joint Powers Agreemerds in the state, and noted examples of savings in utility charges, i.e ttlephotte, %rater pumping resulting ttom the %%ork cif the SRA. lie stated leadership is needed from the largest communities and encouraged Plymouth to remain a member. Councihrrmber Vasiliou asked Mr Craig to explcin the dues structure. RI t ft, reNpot+ded that the dues are on thr basis of each S,Onn population Caw il, cr Vatiduar stated her concern is that glowing cities, like Plymouth, are penah/, 3 .,, all •itivs rective the same benefit %viiether or not they art a member She asked i%hht oo, 41 1,, done to equalize this, and wggesting dividing the total cast bV the number or meta 'r cit, cs r,pr,ill Mr Craig anted that the cneilt> are rcalieed rroportional h\I population %% hull utility ch<<rbes for such Itanehisr% is cleuri,- and telephone are reduced or maintained lie Regular Council Meeting July 6, 1992 Page 225 stated that Plymouth dues were increased due to the large increase in population between the 1980 to 1990 census. The SRA dues rate remained the same in 1991 and 1992; the difference in Plymouth dues related to the population growth. The next population adju.tment will be made in 2000. Cu-incilmember Vasiliou stated she will support the City's membership in the SRA this year, but will continue to watch the dues structure and increases. In response to a question by Councilmember Helliwell, Mr. Craig stated the SRA serves as a "watch dog", checking utility rate increase requests to determine whether the request is reasonable. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 92-372 APPROVING= h;'MBERSHIP IN THE SUBURBAN RATE AUTHORITY FOR 1993. Motion carried on a roll call vote, five ayes. ITEM 4-C PLYMOUTH CIVIC LEAGUE - MUSIC IN PLYSIOUTH Sandy Adulphsen. Plymouth Civic league. reported that the orchestra and fireworks were rained -out at MLiic in Plymou.h. She asLed the Council to allow the Civic League to hold the fireworks during the week of July I?. There would be n(, concessions; only music and fireworks. Councilmember Vasiliou noted that the event wa,! insured so the Civic League did not lose its money. MOTION was made by Mayor Bergman, seconded by Councilmember Ilelliwell, to direct staff to work with the Civic League to hold., :a'k%/nnusic event during tate week of July 13. Motion carried, five ayes ITEM 6 CONSENT. -AGENDA Councilmember Helliwell requested that her no vote he reflected un Item% 6-P and e -Q, as she dues not support the Schmidt Lake Road construction project MOTION wa, matle v t ouncilmember Helliwell, seconded by Councilmember Vasiliou, to adept the C'nn%nt Agenda, as amended. 0 C Regular Council Meeting July 6, 1992 Page 226 MOTION to amend was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to add Item 8-F to the Consent Agenda. Motion to amend carried, five ayes. Main motion, as once arntaided, carried on a roll call vote, five ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was mad,: by Councilmember Helliwell, secs -ded by Councilrrember Vasiliou, to approve the minutes of lune 15, 1992. Motioa carried on a roll call vote, five ayes. ITEM 6-11 ,TAMES AND MARY MAAS. AMENDMENT TO P11D PLAN AND CUP AT 4850 EVERGREEN LANE NORTH (920431 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92.373 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPh1ENT PLAN AND CONDITIONAL USE PERMIT FOR JAMES AND MARY PIAAS LOCATED AT 4850 EVERGREEN LANE NORTH 92043) (RPUD 77-6). Motion carried ori a roll call vote, five ayes ITEM 6-C SPIKE WELLMAN AND BOB VANDER-%ARDE, CUP FOR RECREATION FACILITY 1N PL,YMOUTH PLAZA SHOPPING CENTER (920471 MOTION was made I•y Councilmember Flelliwell, seconded 4y Councilmember Vusiliou, to adopt RESOLUTION 92-374 APPROVING CONDITIONAL USE PERMIT FOR h.F, SPIKE WELLMAN AND BOB VANI)FRAARDE FOR A COMMERCIAL RECREATION FACILITY LOCATED IN T1 IF. PLN%10UTH PLAZA SHOPPIAG CENTER AT 1455 COUNTY ROAD 101 (92047) Motion carried on a roll call vote, five ayes I m r tau _ .:wo Illu1m.140 A'A"AIX11 0 MOTION was made by Councilmember Ilelliwell, seconded by Councilmember Vasiliuu, to adopt RESOLUTION 92-375 APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 2144 (WAYZATA) (401 ,2), for Greenwood Elementary School, 3635 State I fighwRy 101. 0 9 Regular Council Meeting July 6, 1992 Page 227 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-376 APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) (90113), for Birchview Elementary School, 425 Ranchview Lane. Motion carried on a roll call vote, five ayes. ITEM 6-E VICKI SISKIN. FINAL PLAT FOR 10 SINGLE FAMILY LOTS AND VARIANCE AT THE NORTH SIDE OF SUNSET TRAIL, WEST OF DEERWOOD LANE NORTH (920201 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-377 APPROVING FINAL PLAT FOR "PINE CREEK" FOR VICKI SISKIN FOR PROPERTY LOCATED AT THE NORTH SIDE OF SUNSET TRAIL, WEST OF DEERWOOD LANE NORTH (92020). Motion carried on a roll call vote, five ayes. MOTION was made by Countilmem'uer Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-378 SETTING CONDITIONS TO BE NIET PRIOR TO FILING OF AND RELATED TO FINAL PLAT AND SUBDIVISION ORDINANCE VARIANCF, FOR "PINE CRE11(" FOR VICKI SISKIN FOR PROPERTY LOCATED AT THE NORTH SIDE OF SUNSET TRAIL, WEST OF DEERWOOD LANE, NORTH 9020). Motion carried on a roll call rate, five ayes. ITEM 6-F J -MARK. SITE PLAN AND FIRE LANE VARIANCE FOR WAREEILMSE ADDITION AT 2790 RANCHVIEW LANE (92045) MOTION was made by Councilmember Ilelliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-379 APPROVING SITE PLAN FOR J -MARK LOCATED A1' 2790 RANCHVIEW LANE NORTH ()2045) Motion carried on a roll call rote. five aves. 0 0 Regular Council Meeting July 6, 1992 Page 228 ITEM 6-G KING VIDEOCABLE,_ PUD SITE PLAN AMENDMENT TO INSTALL SATELLITE DISH AT SOUTHEAST CORNER OF VICKSBURG LANE AND COUNTY ROAD 9 (920441 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-380 APPROVING PLANNED UNIT DEVELOPMENT FINAL SITE PLAN AMENDMENT FOR KING VIDEOCABLE FOR THE INSTALLATION OF A FREESTANDING SATELLITE DISH AT 15890 37TH AVENUE NORTH (92044). Motion carried on a roll call vote, five ayes. ITEM 6-H 1-6 RELFASE OF SITE IMPROVEMENT PERFORMANCE GUARANTEES MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-381 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LEN BUSCH MOSES LOCATED AT MEDINA ROAD WEST OF COUNTY ROAD 101 (90038). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-382 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CARLSON PROPERTIES, INC. LOCATED AT 13000 HIGHWAY 55 (88056) Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-383 AUTHORIZING RELEASE OF SITE PERFORMAN(E GUARANTEE FOR VISION OF GLORY LUTHERAN CHURCH LOCATED AT 13200 SATE HIGHWAY 55 (91012). Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-384 AUTHORIZING; RELEASE OF SITE PERFORMANCE GIJARANTEE FOR BUHLER. INC LOCATED AT 1100 XENIUNI LANE (89064). Motion carried on a roll call vote, five ayes a Regular Council Mecting July 6, 1992 Page 229 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-385 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CARLSON REAL ESTATE COMPANY, INC. FOR CMG WAREHOUSE LOCATED AT 1405 XENIUM LANE NORTH (91100). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-386 AUTHORIZING RELEASE OF SITE P'-RFORMANCE GUARANTEE FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA, INC. FOR WATERFORD PARK PLA7.A LOCATED AT REVERE LANE AND 6TH AVENUE NORTH (87027). Motion carried on a roll call vote, five ayes. MOTION was made by - ouncilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-387 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MIKKI HOLDING, INC. FOR ZERO MAX LOCATED AT 13200 6TH AVENUE NOR I'H (91075) Motion carried on a roll call vote, five ales. ALARMFEES MOTION was made by Councilmembei Helliwell, seconded by Councilmember Vasiliou, to adopt ORDINANCE 92-20 RELATING, TO FEES FOR FALSE ALARMS AND AMENDING SECT ION 810 AND 1155 OF TIM PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. MO r10N was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-388 REDUCING DEVELOPMENT BONE, CHURCHILL FARMS 2ND ADDITION (91079) Motion curried on a roll call vote, rive ayes MOTION was made bN Councilmember Helliwell, seconded by Councilmember Vasiliou. to adopt RESOLUTION 92-389 RFDI ICING DFA I'LOPMENT BOND, CURTIS 1.+\KF. ,S1:COND ADDITION (91 101) Regular Council Meeting July 6, 1Q92 Page 230 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-390 REDUCING DEVELOPMENT BOND, HOLLY CREEK ADDITION (91106). Motion carried on a roll call vote, five ales. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-391 REDUCING DEVELOPMENT BOND, IRON HORSE ESTATES ADDITION (91060). Motion carried on a roll call vote. five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-392 REDUCING DEVELOPMENT BOND, FOX RUN 5TH ADDITION (89058). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 91-393 REDUCING DEVELOPMENT BOND, LAKE PARK HEIGHTS ADDITION (85089). Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-394 REDUCING DEVELOPMENT BOND, BASS LAKE TERRACE 2ND ADDITION (91070). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-395 REDUCING DE\'I.LOP\ IFNT BOND, STEEPLECHASE 3RD ADDITION (87019) Motion carried on a roll call vote. five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLU':ION 92-396 REDUCING DEVELOPMENT BOND, CARLSON COMPANIFS SECOND ADDITION (A-710) \ Motion carried on 4 rnll call vote, five ayes Regular Council Meeting July 6, 1992 Page 231 MOTION was made by Councilmember Helliwell, seconded by Councilmemher Vasiliou, to adopt RESOLUTION 92-397 REDUCING DEVELOPMENT BOND, BOULDER CREST ADDITION (90095). Motion carried on a roll call vote, five ayes. ITEM 6-L WETLAND MITIGATION PLAN FOR PINE CREEK ADDITION (92020) MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to ae^ ' RESOLD I ION 92-398 APPROVING RECONFIGURATION OF WETLAND AND THE WETLAND MITIiATION PLAN FOR PINE CREEK ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-M APPROVING PLANS FOR COUNTN' ROAD 101/14TH AVENUE NORTH TRAFFIC SIGNAL, PROJECT NO, 104 MOTION was made by Councilmember Helliwell, exonded by Councilmember Vasiliou, to adopt RESOLUTION 92-399 APPROVING PLANS, COUNTY ROAD 101114TH AVENUE NORTH TRAFFIC SIGNAL, CITY PROJECT NO. 104 Motion carried on a roll call vote, five ayes ITEM 6-N 1-2 APPROVING CHANGE ORDERS MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-400 APPROVING CHANGE ORDER NO. 2, VINEWOOD LANE/C.S.A.H. 9 AREA STREET AND UTILITIES, CITY PROJECT NO. 948. Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-401 APPROVING CHANGE ORDER NO I, POND BC- P I OUTLET IMPROVEMENTS, CITY PROJECT NO. 116 Motion carried on a roll call vote, five ayes. STEM 6-0 AWARDING 01 t 1,292 SEAL COAT PROGRAM MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-402 AWARDING BID, 1992 SEAL COAT PROGRAM 0 Regular Council Meeting July 6, 19ci2 Page 232. Motion carried on a roll call vote, five ayes. ITEM 6-P APPROVE PLANS AND ADNTRTISE FOR BIDS FOR NORTHWEST BLVD /SCHMIDT LAKE ROAD IMPROVEMENTS, PRO.IECT 011 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-403 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR FIDS, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD - STREET, UTILITY, AND TRAIL IMPROVEMENTS, CITY PROJECT NO. 011. Motion carried on a roll call vote, four ayes; Helliwell nay. FERNBROOK LANE TO NORTHWEST BLVD., PROJECTNO, 213 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, o adopt RESOLUTION 92-404 RECEIVING PRELIMINARY ENGINEERING REPORT, ORDERING PLANS AND SPECIFICATIONS, SCHMIDT LAKE ROAD - FERNBROOK LANE TO NORTHWEST BOULEVARD, CITY PROJECT NO. 213 Motion carried on a roll call vote, four ayes, Helliwell nay ITEM 6-R REQUESTING MNDOT TO CONDUCT SPEED STUDY ON NORTHWEST BLVD FROM PINEVIEW LANE TO 54TH AVENUE MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-405 REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONDUCT A SPEED ZONING STUDY, NORTHWEST BOULEVARD FROM PINEVIEW LANE TO 54Th AVENUE. Motion carried on a roll call vote, five ayes ITEM116-S APPROVINGINSTALLATION OF STOP SIGNS MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-406 INSTAi LATION OF STOP SIGNS. Motion carried on a roll call vote, five ayes Regular Council Meeting July 6, 1992 Page 233 ITEM 6-T AMEND DEFERRED ASSESSMENT FOR PROJECT 609,P.I.N. 10-118-22- 41-0008 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92407 AMENDAUrNT OF CITY COUNCIL RESOLUTION NO. 86-279, DEFEPIRED ASSESSMENTS, CITY PROJECT NO. 609, 47TH AVENUE WEST OF TAMMIE MIDDLEMIST ADDITION. Motion carried m a roll call vote, five ayes. ITEM 6-U AUTHORIZING CONDEMNATION PROCEEDINGS FOR TRACT D R.L.S. NO, 1173, SINCLAIR GAS STATION PARCEL MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-408 AUTHORIZING CONDEMNATION PROCEEDINGS FOR TRACT D, REGISTERED LAND SURVEY NO. 1173. Motion carried on a roll call vote, five ayes. ITEM 6-V CIGARETTE LICENSE APPLICATIONS MOTION was made by Counci!member Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92409 APPROVING 1992 CIGARETTE LICENSE APPLICATIONS. Motion carried on a roll call rote, five ayes. ITEM 6-W GASOLINE SERVICE STATION LICENSE MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-410 APPROVING GASOLINE SERVICE STATION LICENSE FOR BETTGER IN.0 , 4075 VINEWOOD LANE Motion carried on a roll call vote, five ayes. ITEM 7 A PUBLIC HEARING- VACATION OF EASEl11ENT ON P.I.N. 14-118-22-14- 0006 Mayor Bergman opened a public hearing on vacation of utility and drainage easement on P I N. 14-118-22-14-0006, Medicine Lake Lutheran Church and Academy, at 7.26 p m. No one appeared, and the hearing was closed at 7:26 p.m. Regular Council Meeting July 6, 1992 Page 234 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-411 AUTHORIZING THE VACATION OF A DRAINAGE EASEMENT WITHIN PARCEL 14-118-22-14-0006. Motion carried on a roll call vote, five ayes MOTION was made by Councilmember lielliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-412 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 92411 VACATING A DRAINAGE EASEMENT WITHIN PARCEL 14-118-22-14-0006. Motion carried on a roll call vote, five ayea 37TH AVENUE NORTH (920121 Community Development Director Dillerud stated the Punning Commission recommended denial of the request of Goff I tomes, Inc., for rezoning from FRD to R4, Site Plan, and Conditional Use Permit for 156 units of townhomes located at the west side of Xenium Lane at 37th Avenue North. tie stated that all correspondence received front the surruundine neighborhood and from the petitioner has been stared with the Council The denial recommendation was on the finding that the proposed conditional uses would be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted (single family residence), and will substantially diminish and impair property values within the neighborhood as eviderzed by various affidavits, an impact study, and other documents of record. tie stated the Council has received appraisal materials from the neighbors and from the developer. The neighborhood appraisal indicates a 5 to 15 percent diminution in value resulting from the abutting development The developer's appraisal indicates no effect on property values Director Dillerud stated both appraisals have validity and could sustain a Council decision. If the Council approves the project, he recommended that an additional condition be added to the approving resolution that the units on the north side of the project not be constructed until Xenium Lane is extended. Director Dillerud stated that on March 7, 1988, the City Council adopted an ordinance rezoning the site from FRD to R-4. The publication of the rezoning was subject to recording of the final plat with Hennepin Co:tnty. Since the final plat was never filed, the zoning of the property remains FRD Tim Keane, Larkin llof}man Daly and Lindgren, represented the petitioner Ile introduced Mark Parranto, who prepared the appraisal for the petitioner. ltlr Keane stated Gots' Humes has been develor .att,trh 3 housing for o%ee 12 years This proposal is for Regular Council Meeting July 6, 1992 Page 235 thirteen 12 -unit manor homes It is his opinion drat rezoning is not necessary since the condition requiring filine of the final plat pr for to publication of the ordinance did not have a sunset provi3ion. He believes the coaditions could be met, and ordinance published, at any time, and stated that the legislative intent of the Council wa3 that the property be rezoned K4. He state.; the property has been guided in the Comprehensive Plan for high residential density. Mr Keane stated there are difficult issues to address with respect to development of this site including noise and air quality due to the proximity of 1494 and a car dealership immediately to the north. The MPCA requirements relating to noise have been met through betming, landscaping, and installation of appropriate insulation and windows. Mr. Keane stated this site has been guided and planneJ for high density residential long before the abutting single family homes were constructed Accordingly, Xenium Lane was planned as a collector street He stated the petitioner is requesting approval of a plan that is consistent with the City's Comprehensive Plan Based on studies conducted in metro area communities, he stated the proposed development will not have an impact on nearby single family homes property values fhe petitioner's appraiser conducted an analysis based on actual sales data. Mr. Keane stated the appraisal submitted by the neighbors had no facts to uphold it, and it was summarily rendered. He stated that the proposed use is compatible for the neighborhood; and ser ves ar- a visual and noise buffer between the existing single family homes and 1494. He stated that south of Bass Lake Road near Camelot Estates is an example of where manor homes have served as a buffet Mr. Keane stated the density is on the low end of the permitted density for this site along Xenium Ltsne The manor (tomes will be high quality and owner -occupied. Significant modifications have been made to the site p!.rn based on concerns expressed by the residents at previous meetings. Councilmember Helliwell asked how the density of the Rottlund homes in CPmelot Estates, referenced by 1<tr Keane, compares with the proposed density Director Dillerud stated the densis} of the Rottlund Homes is somewhat less than what is proposed at this site Mr. Keane showed a plan of the structures and noted modifications that have bee= inade to the plan additional roof architecture, window shutters, canopy over the sidewalk, gable end roof projections, siding and color accents, brick accents, privacy fences, exterior lighting, landscaping to include mature trees, entrance monument, additional spruce trees, and a sprinkler system He noted that no variances are required for the project l le stated that the one suggestion from the neighborhood that the petitioner has not responded to is the request to lower the entire site by 1n to 15 feet lie believes that the existing topography provides a butler to the emsting neighborhood Regular Council Meeting July 6, 1992 Page 236 Attorney Scott Miller, represented the homeowners. He stated that 160 homeowners signed a petition opposing the proposed development. The homeowners concur with the Planning Commission recommendation of denial and believe the appraisal documentsprovidedprovethatthesinglefamilyhomeownersNvestmentsmustbeprotected. Mr. Miller stated the Comprehensive Plan and Land Use Guide Plan are only guides for the community. He believes the proposed project would have an obvious negative effect on the surrounding existing neighborhood. He stated the project has inadequate berming, and is adjacent to R -I and R-2 property. The only separation between the single family homes and the proposed development is a road. The increased traffic will be a detriment, and property val .es of single family homes will be diminished due to inadequate !andscaping and bermi• g. The enisting neighborhood will also suffer from debris and hazards of a construction zone, as the petitioner has indicated the project will take a number of years. Mr Miller stated this project would overlook the existing neighborhood, and the elevation is nearly 20 feet nigher than the single family homes. He stated concerns about maintenance and upkeep of the proiect after construction, increased traffic, and questioned whether an adequate traffic study was done. Mr. Miller noted that the petitioner's appraiser concluded that abutting property values would be diminished substantially, by 5 to 15 percer.,, as the direct result of this project. He stated there is no gradation trom single fancily residences to the high density residences, or from the difference in housing prices In additior, due to their size and elevation, the townhomes would he a commanding visual pteser;ce Mr. Miller questioned the ownership of the site and the legal rights of Goff Homes, Inc to request Site Plan approval He stated there are inconsistencies between the fee title owner and the applicant. He stated that the previous rezoning action by the Council in 1988 was subject to recording of that final plat. Since the plat was not filed, and there is now a new applicant and different ite plan, the rezoning process must begin again MOTION was made by Councilncember Vasiliou, seconded by Councilmembcr Edson, to adopt RESOLUTION 92-413 DENYING A CONDITIONAL USE PERMIT AND SITE PLAN FOR A 156 t M11T MI'LTI-FAMILY PROJECT FOR GOFF HOMES, INC. LOCATED AT THE INTERSECTION OF 37TH AVENUE NORTH AND XENIUM LANE (92012) Cuuncilmember Vasiliou stated one of the major concerns of the neighborhood is the length of time necessary to complete the proposed project She noted recent police reports relating to thefts from canstructiOn sites, and other problems that exist %%hen construction is extended frit a long period of time She stated that she appreciates the product prorosed by Gnff I lrmcs, as well; the tucll it is ret :ting, however. she doesn't feel the pmiect helonpa on this site not that there is a current need in that area. 0 0 Regular Council Meeting July 6, 19Q2 Page 237 Councilmember Helliw 11 stated she has a multiple family housing development abutting her development. She stated the individuals who live there are "good neighbors". She stated concerns that the Xenium/37th Avenue area residents reported difficulties in getting Goff Homes representatives to meet with them. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to direct the Planning Commission to consider thi3 site and to recommend whether the zoning continues to be appropriate, with a report back to the Council before year-end. Motion carried, five ayes. ITEM 9-8 MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY. SITE PLAN. CONDITIONAL USE PERMITS, AND FIRE LANE VARIANCE FOR A CHURCH AND ELEMENTARY SCHOOL AT THE SOUTHWEST CORNER OF ZACHARY LANE AND OLD ROCKFORD ROAD (920401 Community Development Director Dillerud stated the Planning Commission recommended denial of the request of Medicine Lake Lutheran Church and Academy for conditional use permit, site plan, and fire lane variances for construction of a church and elementary school at the southwest corner of Zachary Lane and Old Rockford Road. The petitioner wants to construct a facility that would ultimately total 10,500 square feet and house both a church and a K-8 day s.hool on the site of 4.4 acres. He stated that on May 21, 1990, the Council approved conditional use permits and a site plan for a project that was virtually identica% except with respect to the current proposal for phasing construction with the church construction first. Those approval actions expired when ae building permit was taken for any of the work by May, 1991. Director Dillerud stated at the Planning Commission hearing there war substantial testimony from neighbors that a wetland exists on the site. fie has confirmed that according to the Federal Wetlands Inventory Map, it appears there are wetlands on the southerly third of the site. This finding has been forwarded to the petitioner, who already has addressed the wetland issue with the Corps of Engineers in 1990. Jack Ovick, 4941 France Avenue South, Minneapolis, represented the petitioner. Ile stated that th;s is basically the same prniect that ,tias approved by the Council in 1990. He stated that residents in the area indicated they feel their home values would be decreased due to this project Ile requested that the Council teble this item to August 3 so that the petitioner can obtain appraisal data to determine the impact the proposed project would have on neighborhood propenv values A deferral would also allow the church additional time to contact five of the nine new abutting property owners The church has already spoken %%ith finer of the property owners Regular Council Meeting July 6, 1992 Page 238 Councilmember Vasiliou stated the diminished property value concern is not her primary concern in studying this issue. Her concern relates to the appropriateness of the use and proposed structure size being on the site and the proposed phasing construction. Councilmember Edson asked if private schools are subject to state laws relative to minimum facility requirements, and stated he has concerns about placing the proposed amount of activity in 4.4 acres. Mr. Ovick stated the structure would comply with the Uniform Building Code, and they would attempt to follow the guidelines establisned by the state Department of Education. Councilmenber Tiernev stated she does not believe the proposed use would devalue abuttirg none values. She stated that although the lot coverage may be high, it does not exceed the City's standard of 50 percent impervious surface coverage. She stated that if the Council considers the intense use of the parcel inappropriate, perhaps the Council should review the City's standards Councilmember Helliwell noted that during the 1990 request, the church did a good job of meeting with the abutting neighbors, and the propo.,ed landscaping and fencing was excellent. She stated that there was a concern at that time that the church was limiting itself with respect to future growth because there would he no expansion potential under the prop -)sal. She stated concerns relating to the wetlands on the site and suggested that another review of the wetlands on the site would be desirable because in 1990, the state was experiencing drought conditions. The condition of the wetlands on the site could have radically changed since then. Patrick Wells, 11217 Old Rockfoid Road, stated he has no objection to the proposed use of the site for a church, but objects to the intense use of a school on a 4.4 acre site. He stated a church would be used several times a week. Combining that use with a school would result in a building being used seven days a week, during the day and evening hours 1 he increased traffic, parking, and noise would have a negative impact on the surrounding properties. lie stated the sine standards used by the Wayzata School District 384 are two and one-half times the standard that would be used in this situation for area/student ratio. The site is too small for use by 225 students. I le also noted that the 1991 State Wetlands law may have some impact on the wetlands on the site. This was not in effect when the previous request was inade. liestated he would fully support constructing of a church only on the site. Mayor Bergman stated lie does not suppnrt the proposed phased development which was not part of the proposal approved in 11)1)0. Regular Council Meeting July 6, 1992 Page 239 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to defer the requests of Medicine Lake Luthcran Church and Academy to August 3, in order to allow the petitioner time to address questions related to market values, as well as other concerns dis;ussed at this meeting. Motion carried, five ayes. ITEM 8-C HENNEPIN COUNTY GROUND WATER PLAN - STATUS REPORT Public Works Director Moore state. I that Hennepin County Conservation District has prepared a ground water plan for the County. Under the plan, cities would be responsible to administer protection of ground water through the zoning ordinance. Cities would be responsible for- 1) Understanding the location and significance of sensitive geologic areas and well head proteation areas; 2) Inventorying all potential sources of ground water contamination within the City; and 31 Managing those sources in cooperation with adjacent cities It would place a significant burden on cities to administer the plan, and no funding is proposed to the cities The Conservation District is expected to revise the plan in about four to six weeks. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to accept the report. Motion carried, five ayes. ITEM 8-D CLOSED CIRCUIT TELEVISION FOR NEWPUBLIC SAFETY BUILDING Jack Tabery, Property Management Coc rdinato stated $65,000 was budgeted for a closed circuit television system for the r: w Public Safety Department. Specifications for the system were developed by Lundouirt, Wilmar, Potvin & Bender (LWBP), the project consulting engineers. Five proposals were received in response to the City's request for pr%mosals. He recommended that the Council authorize purchase of the closed circuit tel -:vision from Videotronix in the amount of $54,575. This amount is their base proposal of $44,850, plus $9,725 of alternate features deemed to be necessary, by the Public Safety Department. Coordinator Tabery briefly compared the Proposals Ile stated that the Pro -Tec Design proposal was $65,900, significantly more than the Videotronix and Alert Alarms proposals The ,proposal presents a hood set of voluntary alternates, but even taking all of the deduct alternates does not reduce the price enough to compete with Videotr. nix Brad Boen, Pre Tech Design, stated the business is located in the City of Plymouth and has twenty years in the field He stated that the proposal 01 Pro Tech followed the latter the specifications required by the CitN in its requem fist bids It is his opinion that Pro Regular Council Meeting July 6, 1992 Page 240 Tech is the lowest complete bidder. The other bidders have omissions from the specifications. He asked why the City would hire a consulting engineer to design a system and then accept a proposal that does not meet that minimum. He feels that the City's request for proposal was an plan to obtain a particular vendor. He requested award to Pro Tech Design. Councilmember Helliwell asked staff to respond to Mr Bven's comments. Coordinator Tabery stated the City requested proposals based on the consulting engineer's vision for a system. The City did not request bids based on specifications. He introduced Jack Morris and Ralph Michaels of Videotronix. Mr. Morris explained the Videotronix proposal. He stated their firm submitted a design proposal based on the concept provided by the consulting engineers in the specifications. He stat. -d Videotronix has been in business for 12 years and has designed similar projects for many metro area cities and counties. He stated the specifications clearly gave businesses leeway to substitute equipment. Councilmember Vasiliou asked if LWBP, the consulting engineer, had selected Videotronix for previous jobs. Mr. Morris stated Weotronix has never worked with LWBP before. Councilmember Helliwell asked for an explanation of the video screen sizes. Mr. Michaels stated various sizes of monitors are included in their proposal. The larger monitors would be used throughout the building, whereas, the Q" monitors could be racked and used in the Videotronix looked at the specific use of each area and proposed a video screen s;ze they felt was appropriate. Councilmember Edson asked if the City had specified the 19" video screen size Coordinator Tabery stated the size of the monitor was specified for each location in the building, however, Videotronix studied the specifications and met with public safety staff to submit, what they felt, was a better proposal on video monitor size. Mayor Bergman asked the City Attorney if he had reviewed the bid process. Attorney Meller stated he has reviewed the process and believes that it is fair and that it meets applicable laws Mayor Bergman stated he pre%iously attended afire truck specification meeting when purchasing a fire trick, everything is exactly sperined As a result, you may limit thenumberofvendors %%ho can provide the product Ile believes this is a different situation 0 Regular Council Meeting July 6, 1992 Page 241 where a concept was provided and it was the discretion of the suppliers how best to provide it. He stated it may be fairer to vendors for the City to specify every piece of equipment in great detail, but the City mould lose some of the creative ideas from the vendors on how to supply the desired pro iuct. Mr. Boen stated that he should have been provided an addendum to the request for proposals if his competitor was informed that something less than 19" monitors would be accepted. He stated this information gave Videotronix an unfair advantage. Mr. Morris stated Videotronix decided to propose some monitors at a smaller size after talking to the users of the system. He stated that after researching the system and application, Videotronix objected to the specified monitor size and recommended a differen• size more appropriate for the proposed use. Mayor Bergman asked Public Safety Director Gerdes to comment on the proposal . I tirector Gerdes stated that it appears both proposals could technically do what is needed. I le suggested that the Council rely on the recommendations of the consultant. He noted that monitor size and type is largely an area of personal preference. Mayor Bergman asked Coordinator Tabery to explain the items added to the Videotronix base proposal. Cool dinator Tabery stated the additions included a zoom camera in the parking lot, audio recording for nine camera locations, added housing for various cameras, upgrade the 20" color training monitors to 27", added a fan to the console, added door contacts to activate cameras, upgraded the monitor in the sergeants' area, added microphones in an investigation room, panic button at the receptionist desk Mayor Bergman stated he believes it is appropriate for the City to request proposals on it -.is type of item because we do not have internal expertise on developing the S1 eLifications as we do for fire trucks. Councilmember Vasiliou questioned whether other firms could provide the same system proposed by Videotronix if contained in the specifications or offered as alternates. She asked if there would be a benefit to rebid the project. Coordinator Tabery stated the opportunity to propose alternates was included in thf- rrocess It would be unfair to Videotronix to rebid Mayor Bergman concurred that the City should not rebid Regular Council Meeting July 6, 1992 Page 242 Councilmember Vasiliou stated the City continually is quizzed on its bidding practia.s. She wants to ensure that the process is fair and that all bidders receive the same specifications Councilmember Edson stated he is also disturbed at hearing comments about the City's bidding practices. However, this situation is not a bid, it is a request for proposals. He stated it is similar to requesting proposals for computer systems. Different vendors will propose different systems and ways of accomplishing the same specifications. He believes the Council should rely on the consulting engineer in this situation and does not believe it would be fair to rebid. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-414 APPROVING PURCHASE OF C7LOSED CIRCUIT TELEVISION SYSTEM FOR PUBLIC SAFETY BUILDING. Motion carried on a roll call vote, four ayes, Vasiliou abstained. PLYMOUTH Manager Willis presented an ordinance for Council consideration which would authorize bow hunters to hunt deer on certain tracts of private property in northwest Plymouth, in order to reduce the deer population. He stated it will probably take three years to see a reduction in the number of deer, based on DNR data Betty Baer, 5540 Ranier Lane, stated she lives in the extreme northwest corner ofPlymouthShestateddeerareaproblem, but trespassers are more of a problem. She stated there are inadequate means to stop trespassing, and she feels this ordinance may cause to increase the number of hunters trespassing on her property. She watches vehicles parked in her area and suggested that if the City proceeds with the project, hunters should be required to have a permit attached to their vehicles She suggested that there be a limited number of pet frits issued, and that hunting only be allowed for a portion of the season. She stated the DNR has informed her that a hunter can come onto her property to get a wounded animal, and suggested that the City consider asking the Plymouth Gun Club to reduce the number of deer rather tht,n opening it to the public Jerry Theis, Dundee Nursery, Io800 I lighway S5, stated he would support any method todecreasethedeerpopulationinHymouth. He stated reducing the number of deer would be an advantage to businesses and may- rd:duce the number of public safety incidents resulting from deer -vehicle collisions. Councilmember Tierney asked Wit would he a problem having h anters coming onto his property to hunt and whether he would grant permission to huntets Regular Council Meeting July 6, 1992 Page 243 Mr. Theis stated it would not be a problem for his business The employees would know who has permission to hunt and it could be monitored very easily. Howard Bork, 3730 Orchard Avenue North, supported the proposal. He suggested that tha burden should be on the hunter as much as possible rather than the landowner, and supported the vehicle permit. He stated the City needs to consider how to chart and measure the success of this effort, and noted that the females and young need to be eliminated in order to reduce the herd size. Mr. Bork suggested allowing adjacent property owners to combine their acreage in order to meet the 10 acre minimum. Councilmembek Vasiliou etated that at a recent joint council meeting, City of Maple Grove representatives that it was their opinion that the deer hunts are not reducing the deer herds. Mr. Bork stated the past few mild winters have put pressure on deer to move to other areas. He stated the City could consider requiring an "antlerless permit" to ensure that the does and young deer are eliminated Harry Wikman, 4935 Holly Lane, agreed with Air. Bork's comments. He has seen up to 250 deer in the com field near the Plymouth Gun Club in the evenings He would prefer bow hunting rather than sharp shooters to reduce the herd. Randy Stitt, 5609 Bryant Ave. N , Brooklyn Center, stated he is the Director for Minnesota Bow Hunters. He stated that in the 1940's, bow hunting was not designed for population control. The City needs to change the mindset of the hunter so they know the goal is to get the deer population reduced He suggested getting quality hunters involved in the program and r onsidering the antlerless tag. Larry Gillette, Hennepin County, stated a legislative proposal will be submitted which specifically would monitor the effectiveness of bow hunting to reduce deer population in metropolitan awas. He suggested that Plymouth establish a program similar to that being proposed for reasons of conform ty and to be in a position to take of advantage of possible future funding. Mr. Gillette stated that bow hunting may reduce some of the deer, and as importantly, reduce the sanctuary effect. He sugges!ed that the City approve an aggressive bow hunting plan and get as many landuwners involved as possible for maximum effectiveness. He explained the metropolitan bonus license which any who hunts is eligible to purchase. He stated that French Regional Park has few deer; however, the proposed Eagle Lake Park area has a substantial number. if a certain portion of Plymouth is opened to hunting, he asked that the Council consider allowing hunting in the Eagle Lake Park as well. Mr. Gillette explained that the City of Maple Grove has limited rather titan increased their deer hunting efforts Three years ago the City went from open fire arms and bow hunting to a number of restrictions Ile believes that illegal trespassing may decrease if bow hunting is initiated because hunters will assist in monitoring the property they have been allowed to hunt on Regular Council Meeting July 6, 1992 Page 244 Director Gerdes stated he supports the bow hunting program in order to reduce the deer population as a public safety goal He stated that city-wide resources will be needed to do the project well. Councilmember Edson questioned whether the number of permits should be designated in the ordinance. Manager Willis stated the approval for hunters to use property would be granted by property owners in the proposed ordinance. Perhaps it should be the discretion of the property owner how many hunters they wish to allow on their property. He stated that the suggestion to allow property owners to aggregate parcels of less than 10 acres might create accountability problems the first year of the program. However, it may be a good idea in future years Councilmember Helfiwell stated her primary concern is sefety. She noted that deer -vehicle collisions have been reduced the last few years. She is concerned about the danger of fire by having hunters in dry, wooded areas. the difficulties for large property owners to patrol their property, and the danger of injured deer. She also stated some concern that the deer population could be moved from northwest Plymouth to the south and east which are the heavier populated areas of the City. Councilr ember Helliwell stated she does not support a bow hunt, and believes that about haif of Plymouth residents also don't s.ipport it. Councilmember Tierney stated that hunter and vehicle identification is very important She will support the Fow hunt on a trial basis in order to monitor its success. MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt ORDINANCE 92-21 RELATING TO PUBLIC SAFETY AND AUTHORIZING THE ISSUANCE OF PERM.17 S FOR THE HUNTING OF DEER IN CERTAIN AREAS OF PLYMOUTH with he Pike/Eagle Lake Regional Park included in the area. The Council further discussed whether bonus permits should be included in the requirements for obtaining a permit Mr. and Mrs. Baer again stated they are concerned about increased trespassing on their property if the ordinance is adopted. Motion carried on a roll call vote, four ayes; Helliwell nay Manager Willis stated the public safety stafr will develop permitting regulations which will be returned to the Council Regular Council Meeting July 6, 1992 Page 245 ITEM 9-F DECLARATION OF NATURAL PRESERVE FOR 5700-5800 AREA OF ROSEWOOD LANE IN HERITAGE ESTATES MOTION %as made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92415 DECLARING k NATURAL PRESERVE ON PORTIONS OF LOTS 8 THROUGH 13 - HERITAGE WOODS ESTATES. Motion carried on a roll call vote, five ayes. ITEM 9 -G -t&2 APPROVING FINAL PAYMENTS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92416 REQUEST FOR PAYMENT NO. 2 AND FINAL, PRIME DEVELOPMENT CORRECTIONS - SANITARY SEWER REBUILD, CITY PROJECT NO. I 11. Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-417 REQUEST FOR PAYMENT NO 2 AND FINAL, CLEANING. REPAIRING AND PAINTING ZACHARY LANE WATER TOWER. Motion carried on a roll call vote, five ayes ITEM 8-1-1 CITY MANAGER PERFORMANCE EVALUATION Mayor Bergman stated the Council will continue the City Manager Performance Evaluation ITEM 8-1 STUDY SESSION TOPICS AND SCHEDULE Mayor Bergman asked if the Council should schedule a study session with the Ce l alar One representative to discuss their request for an antennae on City property. Assistant Manager Boyles stated Cellular One is looking for alternate sites They will contact the City in 30 days if they still wish to make the request Councilmember Tierney stated that she asked the Manager to include in the Informational Memorandum articles on Leadership and Strategic Thinking which she received at a League of Minnesota Cities annual meeting session. She suggested that the Council consider scheduling a study session to discuss team building for the staff and council given the continued concerns expressed about communication and trust 0 0 Regular Council Meeting July 6, 1992 Page 246 Mayor Bergman stated the Council could consider the prior proposal, as well as this information, at an August 3 study session. The Council established a study session for 5:30 p.m. on August 3 to review various proposals on team building. Councilmember Vasiliou stated the Council also needs to review its goals. Richard Kurtz, 12005 3rd Avenue North, asked the status of his street construction Director Moore stated staff completed their research on the matter a few days ago. Mr. Kunz will receive a copy of the letter sent to the developer requesting completion of the required street work. ITEM 84 CITY COUNCIL INFORI'tti1ATION MEMORANDUM Manager Willis noted that a study session is scheduled for 5:00 p.m. on July 13 to dis.uss the Council's budget priorities The Charter Commission has scheduled a public m=eting to receive input on the proposed Charter that evening at 7:00 p.m. Councilmember Vasiliou asked for a schedule of publicity for the proposed Charter. Manager Willis stated that because the City is unable to obtain an easement to connect the trail from the Steeplechase Addition to Chelsea Mews Addition, it is recommended that the existing trail should be removed for safety reasons. CounO-nember Vasiliou stated she would provide the City Manager with tha name of an individual from Chelsea Mews who ;ndicated that the position the City recei es is not that of Chelsea Mews She believes it is a bad precedent :o remove a trail segment because residents don't like it. Mayor Bergman asked the status of the train whistle issue Director Moore stated the railroad indicates the whistle doesn't have to be blown if there are crossing gates and lights The issue seems to be who will pay, for the gates When crossing gates have been installed in the past the funding has been 80% federal, 100,6 railroad, and 10% City. The Pineview Lane crossing was recently installed without crossing gates He stated that if the City paid the full cost of the gates, there would probably be no objection Mayor Bergman recalled that the cost to install crossing gates at all intersections in Plymouth, in order to discontinue the train whistle, would be about $400,000 He asked that staff study the section from Vicksburg Lane to the east City limits to determine the 6 0 0 Regular Council Meeting July 6, 1992 age 247 cots for dossing gate installation and to provide a recommendation on how it cc• -Id be funded_ Councilmember Vasiliou suggested that the staffdetermine the costs first and report to the Council; then all info.ioation can be shared with interested residents The meeting was adjourned at 1;:37 p.m 1 V6 Clerk T