HomeMy WebLinkAboutCity Council Minutes 04-17-1996Minutes
Regular Council Meeting
April 17, 1996
The regular meeting of the Plymouth City Council was called to order by Mayor Tierney
at 7:00 p.m., in the City Center, 3400 Plymouth Blvd., on April 17, 1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Preus,
Granath, and Black
ABSENT: Councilmember Anderson
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Finance Director
Hahn, Park Director Blank, City Attorney Knutson, and City Clerk Ahrens
Item 3 Plymouth Forum
Jeffrey Hall, 12625 25th Avenue North, asked for City assistance through an
ordinance amendment to prevent motorcross cycle riding in residential
neighborhood yards. He said that one individual in his neighborhood is riding
in a residential yard, and the neighbors object to this activity because of
excessive noise and pollution.
Mayor Tierney asked staff to prepare a written response.
Item 4-A Contribution for Ice Arena from Wayzata Youth Hockey Association
On behalf of the City, Mayor Tierney accepted a $75,000 contribution toward
the Ice Arena project from Dave Sorensen, representing the Wayzata Youth
Hockey Association.
Item 4-B Recognize Scout Troop
Mayor Tierney recognized Scout Troop 567 members present in the audience.
Item 5 Approve Agenda
Mayor Tierney requested that a report on phosphorus -free fertilizer be added
to the agenda as Item 9-B.
Motion was made by Councilmember Black, seconded by Councilmember
Preus, to approve the agenda as amended. Motion carried, six ayes.
Item 6 Consent Agenda
Items 6-F and 6-P were removed from the Consent Agenda. Manager Johnson
noted that a revised resolution for Item 6-S was distributed; however, the item
remained on the Consent Agenda.
Regular Council Meeting
April 17, 1996
Page 2
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to approve the Consent Agenda with the removal of
Items 6-F and 6-P, and accepting the correction on Item 6-S. Motion carried,
six ayes.
Item 6-A Approve City Council Minutes
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to approve the minutes of the April 3, 1996, regular
council meeting. Motion carried, six ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-209 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING APRIL 5, 1996.
Motion carried, six ayes.
Item 6-C Carlson Real Estate Company, Final Plat (95133)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-210 APPROVING
FINAL PLAT, AND DEVELOPMENT CONTRACT FOR CARLSON
REAL ESTATE COMPANY FOR PROPERTY LOCATED
SOUTHWEST OF THE INTERSECTION OF CHESHIRE LANE AND
CARLSON PARKWAY (95133). Motion carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-211 ADOPTING
ASSESSMENTS, CITY PROJECT NUMBER 609, SANITARY SEWER
AND WATER MAIN AREA, CARLSON BUSINESS CENTER NORTH.
Motion carried, six ayes.
Item 6-D Fuller, Seaver and Ramette. Lot Division and Variance (96015)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-212 APPROVING LOT
DIVISION/LOT CONSOLIDATION AND VARIANCE FOR FULLER,
SEAVER AND RAMETTE, P.A. FOR PROPERTY LOCATED AT
10820 HWY 55 AND 10700 HWY 55 (96015). Motion carried, six ayes.
Regular Council Meeting
April 17, 1996
Page 3
Item 6-E Ascension Lutheran Church (96018)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-213 APPROVING
CONDITIONAL USE PERMIT AMENDMENT AND A SITE PLAN
AMENDMENT FOR ASCENSION EVANGELICAL LUTHERAN
CHURCH FOR PROPERTY LOCATED AT 15870 46TH AVE. N.
96018). Motion carried, six ayes.
Item 6-G Appointment to Northwest Suburban Cable Commission
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-214 CHANGE IN
CITY APPOINTMENT TO NORTHWEST SUBURBAN CABLE
COMMISSION FROM CITY MANAGER DWIGHT JOHNSON TO
ASSISTANT CITY MANAGER KATHY LUECKERT. Motion carried,
six ayes.
Item 6-H Multi -family Housing Revenue Bonds for Fog Forest Apartments
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-215 AUTHORIZING
THE ISSUANCE, SALE AND DELIVERY OF MULTI -FAMILY
HOUSING REVENUE REFUNDING BONDS (GNMA
COLLATERALIZED MORTGAGE LOAN - FOX FOREST
APARTMENTS PROJECT) SERIES 1996A; TAXABLE MULTI-
FAMILY HOUSING REVENUE BONDS (FOX FOREST
APARTMENTS PROJECT) SERIES 1996B, AND SUBORDINATE
MULTI -FAMILY HOUSING REVENUE REFUNDING BONDS (FOX
FOREST APARTMENTS PROJECT) SERIES 1996C IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
11,500,000.00 (THE BONDS); AUTHORIZING THE EXECUTION
AND DELIVERY OF AN INDENTURE OF TRUST, A BOND
PURCHASE AGREEMENT, A LOAN AGREEMENT, A
SUBORDINATE LOAN AGREEMENT, AN ESCROW AGREEMENT,
A REGULATORY AGREEMENT, AND PRELIMINARY AND FINAL
OFFICIAL STATEMENTS; AUTHORIZING THE EXECUTION AND
DELIVERY OF THE BONDS; AND PROVIDING FOR THE
SECURITY, RIGHTS AND REMEDIES OF THE HOLDERS OF SAID
BONDS. Motion carried, six ayes.
Regular Council Meeting
April 17, 1996
Page 4
Item 6-I Set Hearing on Multi -family Revenue Bonds, At The Lake Apartments
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wc- 1, to adopt RESOLUTION 96-216 ESTABLISHING
THE DATE FOR A PUBLIC HEARING ON A PROPOSED PROJECT
AT THE LAKE APARTMENTS) AND ITS FINANCING, UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH. Motion carried, six ayes.
Item 64 Approve Update to Engineering Guidelines
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-217 APPROVING 1996
CITY OF PLYMOUTH ENGINEERING GUIDELINES. Motion carried,
six ayes.
Item 6-K 1996 Contract Payment to Home Free Domestic Assault Project
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-218 APPROVING 1996
CONTRACT PAYMENT OF $32,945.00 TO HOME FREE DOMESTIC
ASSAULT INTERVENTION PROJECT. Motion carried, six ayes.
Item 6-L Contract with Hennepin County for Access to Data Systems
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-219 APPROVE
HENNEPIN COUNTY CONTRACT FOR ACCESS TO COUNTY
INFORMATION SYSTEMS. Motion carried, six ayes.
Item 6-M Street Lighting Improvements
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-220 DECLARING
ADEQUACY OF PETITION AND ORDERING PREPARATION OF
REPORT, STREET LIGHTING, ROCKFORD GLEN ADDITION AND
ROCKFORD GLEN SECOND ADDITION. Motion carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-221 RECEIVING
REPORT AND ORDERING PROJECT, STREET LIGHTING,
ROCKFORD GLEN ADDITION, ROCKFORD GLEN SECOND
ADDITION. Motion carried, six ayes.
Regular Council Meeting
April 17, 1996
Page 5
Item 6-N Set Public Hearing on Vacation in Pheasant Trails Addition
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-222 ORDERING
PUBLIC HEARING ON THE PROPOSED VACATION OF A PART OF
53RD AVENUE STREET RIGHT-OF-WAY IN PHEASANT TRAIL
ADDITION. Motion carried, six ayes.
Item 6-0 Designating Additional Streets for Municipal State Aid System
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-223 ESTABLISHING
MUNICIPAL STATE AID HIGHWAY, NIAGARA LANE - NINTH
AVENUE - SHENANDOAH LANE. Motion carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-224 ESTABLISHING
MUNICIPAL STATE AID HIGHWAY - PINEVIEW LANE. Motion
carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-225 ESTABLISHING
MUNICIPAL STATE AID HIGHWAY - NORTH FRONTAGE ROAD
OF HWY 55. Motion carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-226 ESTABLISHING
MUNICIPAL STATE AID HIGHWAY - OLD COUNTY ROAD 15.
Motion carried, six ayes.
Item 6-Q Advertise for Bids for 1996 Street Reconstruction Program, Project 602
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-227 APPROVING
PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS, 1996 STREET RECONSTRUCTION
PROJECT, CITY PROJECT NUMBER 602. Motion carried, six ayes.
Item 6-R Reimbursement to Developer in French Ridge Park Addition, Project 214
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold to adopt RESOLUTION 96-228 REIMBURSING
DEVELOPER FOR REQUIRED STREET AND STORM SEWER
CONSTRUCTION, XENIUM/VINEWOOD LANE, CITY PROJECT
NUMBER 214. Motion carried, six ayes.
Regular Council Meeting
April 17, 1996
Page 6
Item 6-S Approve Corrected Legal Description for Davanni's (95119)
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-229 CORRECTING
LEGAL DESCRIPOTIONS OUTLINED IN ATTACHMENT TWO OF
RESOLUTION 96-12 ENTITLED "APPROVING LOT DIVISION AND
VARIANCE FOR DAVANNI'S, INC., FOR PROPERTY LOCATED
NORTH OF HWY 55 AND SOUTH OF HARBOR LANE, ABOUT 700
FEET WEST OF FERNBROOK LANE (95119)." Motion carried, six
ayes.
Item 6-T Approve Project Budget for Ice Arena Sports Complex, Project 541
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-230 ESTABLISHING
THE PROJECT BUDGET FOR THE PLYMOUTH ICE
ARENA/LIFETIME FITNESS PROJECT IN THE AMOUNT OF
8,200,000.00, INCLUDING CONTRIBUTIONS FROM OUTSIDE
AGENCIES. Motion carried, six ayes.
Item 6-U Volunteer Recognition Week, April 21-27
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to proclaim the week of April 21-27, 1996, as
Volunteer Recognition Week in Plymouth. Motion carried, six ayes.
Item 6-V Agreement with School District 284 for Lifetime Fitness Complex
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-231 APPROVING A
NON -DISTURBANCE AGREEMENT WITH SCHOOL DISTRICT 284
RELATING TO THE LIFETIME FITNESS COMPLEX AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN IT.
Motion carried, six ayes.
Item 7-A Vacation of Easements
Public Works Director Moore presented the staff report on the proposed
vacation of a drainage and utility easement in Lot 1, Block 4, Plymouth Oaks
Addition and Lot 8, Block 1, Courtyards of Plymouth Oaks Addition.
Mayor Tierney opened the public hearing at 7:13 p.m. No one appeared, and
the hearing was closed.
Regular Council Meeting
April 17, 1996
Page 7
Motion was made by Councilmember Lymangood, seconded by
Councilmember Black, to adopt RESOLUTION 96-232 AUTHORIZING
THE VACATION OF PART OF A DRAINAGE AND UTILITY
EASEMENT IN LOT 1, BLOCK 4, PLYMOUTH OAKS ADDITION
AND LOT 8, BLOCK 1, COURTYARDS OF PLYMOUTH OAKS.
Motion carried, six ayes.
Item 8-A (6-F) Lundgren Brothers. RPUD Final Plan/Plat for Plum Tree (94162F)
Councilmember Lymangood expressed concerns relating to the proposed 28
foot street widths in the Plum Tree development located at the northwest
quadrant of Peony Lane and County Road 9. Community Development
Director Hurlburt presented the staff report. She stated that the narrower
streets were requested because there are two wetlands in the area, and the
proposal meets the traffic standards for consideration of the narrower streets.
This project was submitted before the City's Wetland Ordinance went into
effect; however, the developer has voluntarily complied with its requirements.
Councilmember Preus served on the Planning Commission when the
preliminary approval of this development and the street width standards were
considered. He explained that a comprehensive study with national experts
was done on the impact of narrower streets. He is now convinced that
narrower streets can make neighborhoods safer when the traffic level is
appropriate. Director Hurlburt added that 28' streets are standard in many
other suburban communities.
Councilmember Wold asked if there will be any parking restrictions on this first
project phase. Director Hurlburt responded that there are no recommendations
to limit parking. If problems occur later, the street could be posted for no
parking.
Councilmember Lymangood clarified that his primary concern with the
narrower streets is on 46th Avenue. He believes that through traffic could use
this street as access to the subdivision.
Councilmember Black stated that the Council receives calls relating to safety
concerns and this often relates to the conflict of pedestrians and vehicles on a
street. She supports the concept of narrower streets where appropriate
because it can slow traffic; and she believes that sidewalks can mitigate the
safety concerns.
Regular Council Meeting
April 17, 1996
Page 8
Motion was made by Councilmember Lymangood, seconded by
Councilmember W,)H, to adopt a resolution APPROVING RPUD FINAL
PLAN/PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN
BROTHERS CONSTRUCTION INC., LOCATED AT THE
NORTHWEST QUADRANT OF PEONY LANE AND OLD
ROCKFORD ROAD (96142F), with the exception that 46th Avenue will
be 33' in width.
Mike Pflaum, Vice President of Lundgren Brothers, stated that the
modification of the standard residential street widths in Plymouth was based on
quantitative study by traffic engineers. He noted that sidewalks are proposed
on the interior streets of this subdivision, including 46th Avenue.
Substitute Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-233 APPROVING
RPUD FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR
LUNDGREN BROTHERS CONSTRUCTION INC., LOCATED AT
THE NORTHWEST QUADRANT OF PEONY LANE AND OLD
ROCKFORD ROAD (96142F), with the added condition that sidewalks
will be installed on all interior streets of this subdivision, and
RESOLUTION 96-234 ADOPTING ASSESSMENTS, CITY PROJECT
NUMBER 612, SANITARY SEWER AND WATER MAIN AREA,
PLUM TREE ADDITION.
Mr. Pflaum stated he has no objection to the condition to require sidewalks on
interior streets.
Motion to substitute carried, six ayes. Main motion carried, six ayes.
Mayor Tierney recognized members of Scout Troop 724 in the audience.
Item 8-B (6-P) Agreement with Hennepin County for County Road 9, Project 402
Councilmember Lymangood stated he supports the proposed agreement, but
wanted to clarify several issues that were subject to further review when the
Council previously approved the project plan. He explained that power lines
will be placed underground west of Fernbrook Lane as requested by residents.
Median trees will not be possible because the center median has been made as
narrow as possible to avoid undue encroachment toward abutting properties.
The 14 foot medias would not likely support trees. However, the Council
previously added substantially to the overall landscaping plan on the project.
No barricades will be installed because of the major increase in landscaping
which will help protect properties from damage from stray vehicles.
Regular Council Meeting
April 17, 1996
Page 9
Councilmember Lymangood stated that County Road 10 was the City's last
major project with Hennepin County. He believes that the City can do several
things to better communicate with affected residents on this project. He
suggested that the City continue to update residents on the status of
construction through the Plymouth News, including the changes in the plan
noted above. He also suggested establishment of a 24-hour hotline containing
updates on the project and where residents could leave comments and
questions. Councilmember Lymangood emphasized that this is a Hennepin
County project and concerns should be referred to them; however, the City can
try to keep residents informed of the project status.
Manager Johnson stated that the City is planning to distribute a monthly
construction update to affected residents, and the project plans are available for
viewing at City Hall. The 24-hour hotline can be accomplished through the
City's voice mail system.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Preus, to adopt RESOLUTION 96-235 APPROVING
CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 9
FROM INTERSTATE 494 TO VICKSBURG LANE, COUNTY
PROJECT NO. 8424 AND 9526, CITY PROJECT NO. 402. Motion
carried, six ayes.
Item 9-A Approve Issuance of Request for Qualification, City Center Area
Community Development Director Hurlburt recommended that the Council
proceed with issuing a request for qualifications and statements of interest
from developers in order to select a partner to develop land at the northeast
corner of Highway 55 and Vicksburg Lane for retail and entertainment uses,
consistent with the Concept Plan and Design Guidelines for the City Center
area. She stated that the Council could reactivate the City Center
Subcommittee to approve the request for qualifications and to work with staff
to evaluate and make recommendations on any proposals received. After
designation of a developer, the City and developer would negotiate a
development agreement. She noted that since the approval of the Life Time
Fitness/Ice Arena Project, development interest in this site has increased.
Regular Council Meeting
April 17, 1996
Page 10
Motion was made Ly Councilmember Wold, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-236 DIRECTING ISSUANCE
FOR REQUEST FOR QUALIFICATIONS AND STATEMENTS OF
INTEREST FOR DEVELOPMENT OF PROPERTY AT VICKSBURG
LANE AND HIGHWAY 55, and establishing a City Center Task Force
Mayor Tierney; and Councilmembers Lymangood, Black, and Preus) to
work with staff to evaluate and make recommendations on any proposals
received. Motion carried, six ayes.
Item 9-B Phosphorus -Free Fertilizer Report
Mayor Tierney stated that she had not supported preparation of a report on the
history of actions on phosphorus -free fertilizer in the City, however, she
appreciates the thoroughness of the report. She stated that the report shows
the City's commitment and support to the phosphorus -free issue.
Motion was made by Councilmember Wold, seconded by Councilmember
Preus, to accept the report on phosphorus -free fertilizer, with recognition of
Councilmember Lymangood's efforts on this issue.
Councilmember Wold stated that the City's Water Quality Task Force had
identified the phosphorus issue, but no action was taken. He thanked
Councilmember Lymangood for sparking action on this issue.
Mayor Tierney recognized the Communities in Collaboration Council for their
sponsorship of the first phosphorus -free fertilizer sale as a fund raiser.
Motion was made by Councilmember Preus, seconded by Councilmember
Lymangood, to move the previous question. Motion carried, six ayes. Main
motion carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by Councilmember Wold, to
adjourn the meeting at 8:04 p.m. Motion carried, six ayes.
u 'e Ahrens
City Clerk