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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