HomeMy WebLinkAboutCity Council Minutes 05-02-1994MINUTES
REGULAR COUNCIL MEETING
MAY 2, 1994
The regular meeting of the Plymouth City Council was called to order by Mayor
Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth
Blvd., on May 2, 1994.
PRESENT: Mayor Tierney; Councilmembers Granath, Edson, Anderson, Morrison,
Lymangood, and Helliwell.
ABSENT: None
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public
Works Director Moore, Planning Director Hurlburt, Park Director Blank, Finance
Director Hahn, Public Safety Director Gerdes, Planning Supv. Senness, Associate
Planner Keho, Park Supt. Peterson, City Attorney Barnard, and City Clerk Rauenhorst.
ITEM 3-A FORUM -ZACHARY LANE
Mark Milberger, 11035 36th Place North, encouraged the Council to approve
the Zachary Lane reconstruction as a two-lane road. He represented Pheasant
Hills Homeowner Association, and stated that residents in the area would like
Zachary Lane to remain a two-lane street.
ITEM 3-B FORUM - ADDRESSING IN TRENTON PONDS
Jim Windey represented the homeowners in the new Trenton Ponds
development. He objected to the proposed addressing established by the City,
and requested that each unit be assigned a numbered address, rather than the use
of letters. He also requested that 10th Avenue North be renamed Trenton Pond
Circle in this development.
Mayor Tierney suggested that staff address these concerns and report at the next
Council meeting.
Community Development Director Hurlburt stated the assigned addresses are
consistent with the county plan where only public streets are given names and
each separate legal parcel is given a number. However, the post office has
indicated that if a number is used, rather than letters, mail can be read through
the automated system. Staff will prepare a report for the next Council meeting.
City Council Minutes
May 2, 1994
Page 2
ITEM 3-C FORUM - ADHERENCE TO 5-NIMUM SPEAKER TEME LINIIT
Ken Wendinger, 5465 Orleans Lane #l, requested that each person who
addresses the City Council this evening on the Daniel Development issue be
required to adhere to a five-minute time limit.
ITEM 4-A OLDER AMERICANS MONTH
Sara Mittelstadt, Senior Coordinator, invited Councilmembers to attend the
Seniors' Ice Cream Social event on May 16. She introduced volunteers Bill
Gavana, President of the Plymouth Seniors; Marty Guritz, Chair of the Care
and Share Program; Gen Pasika, Senior Care and Share Group and Plymouth
Rockers; Alice Dyninger, Over 50 and Fit, and Phyllis Wyseth, Plymouth
Rockers. A video on Plymouth senior programs was shown.
Mayor Tierney proclaimed May as Older Americans Month.
ITEM 5 APPROVE AGENDA
Councilmember Anderson requested that a report on the first meeting of the
Council Subcommittee on the State Auditor's Report be added as Item 9-D.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the agenda as amended.
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Items 6-G and 6-H were removed from the Consent Agenda.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to approve the Consent Agenda as amended.
Motion carried, seven ayes.
ITEM 6-A APPROVAL OF MINUTES
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to approve the minutes of the March 21 regular meeting, April 4 study
session, and April 11 study session.
City Council Minutes
May 2, 1994
Page 3
Motion carried, seven ayes.
ITEM 6-11 APPROVE DISBURSEMENTS
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-246 APPROVING DISBURSEMENTS
FOR THE PERIODENDINGAPRIL 22, 1994.
Motion carried, seven ayes.
ITEM 6-C APPROVE AMENDMENTS TO AGREEMENT' WITH _
NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-247 APPROVING REVISED JOINT
AND COOPERATIVE AGREEMENT - NORTHWEST SUBURBS CABLE
COMMUNICATIONS COMMISSION.
Motion carried, seven ayes.
ITEM 6-D CONTRACT WITH WESTWOOD-ENG. FOR PARK DESIGN FOR
SEVEN PONDS NEIGHBORHOOD PARK
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-248 APPROVING CONTRACT WITH
WEST -WOOD PROFESSIONAL SERVICES.
Motion carried, seven ayes. . `
ITEM 6-E ORDINANCE PROVIDING FOR 10 P.M. ADJOURNMENT
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt ORDINANCE 94-5 AMENDING THE PLYMOUTH CITY
CODE PROVIDING FOR A 10 P.M. MEETING ADJOURNMENT TIME
UPON MAJORITY VOTE OF THE CITY COUNCIL.
Motion carried, seven ayes.
City Council Minutes
May 2, 1994
Page 4
ITEM 6-F ORDER HEARING ON EASEMENT VACATION IN PARKERS
LAKE NORTH CORPORATECENTER
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-249 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF AN EASEMENT FOR INGRESS
AND EGRESS FOR FIRE, POLICE, AMBULANCE VEHICLES OR
OTHER PUBLIC SERVICE EMERGENCY -PURPOSES TO AND FROM
NIAGARA LANE NORTH WITHIN OUTLOT A AND LOT 1, BLOCK 1,
PAR.K_F_RS LAKE CORPORATE CENTER ADDITION:
Motion carried, seven ayes.
6-G CHANGE ORDER 1 FOR SCHMIDT LAKE ROAD IMPROVEMENTS
PROTECT 213
Public Works Director Moore explained this is the portion of Schmidt Lake
Road between Northwest Blvd. and Fernbrook Lane.
MOTION was made by Councilmember Lymangood, seconded by
Councilmember Edson, to adopt RESOLUTION 94-250 APPROVING
CHANGE ORDER NO. 1, SCHMIDT LAKE ROAD, CITY PROJECT
NO. 213.
Motion carried: six ayes; Helliwell nay.
ITEM 6-11 VARIANCE FROM STATE AID'STANDARDS FOR
RECONSTRUCTION OF VICKSBURG LANE FROM SCHMIDT LAKE ROAD
TO COUNTY ROAD 47, PROTECT 401
Councilmember Helliwell stated that the portion of Vicksburg Lane north of
County Road 47 is in the Capital Improvement Program, and Vicksburg Lane
reconstruction south of County Road 47 is in the 1994 Street Reconstruction
Program. She intends to support this request, but questioned whether the
Council was going to consider the proposed assessments relating to Vicksburg
Lane, since residents indicated.they.had recently paid for street improvements.
Director Moore stated the City Council will consider assessments after the
project is completed. There were a couple of concerns expressed at the
improvement hearing relating to assessments. Under the reconstruction
program, assessments are proposed on a per lot. basis - not a front footage basis.
That is currently estimated at $900 per single family lot.
City Council Minutes
May 2, 1994
Page 5
MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney,
to adopt RESOLUTION 94-251 REQUESTING VARIANCE TO MSA 155-
1560 1994 STREET RECONSTRUCTION - PHASE I, VICKSBURG LANE
FROM SCHMIDT LAKE ROAD TO COUNTY ROAD 47, CITY
PROJECT NO. 401, and RESOLUTION 94-252 DEFENDING AND
INDEMNIFYING THE STATE OF MINNESOTA, 1994 STREET
RECONSTRUCTION - PHASE I, CITY PROJECT NO. 401. -
q
Mayor Tierney stated she is notfond of projects that take character out of a
roadway.
Director Moore stated the roadway needs improvement. Vicksburg Lane, had a
variance when it was originally constructed, and this variance would allow the
City to retain the roadway as is.
Motion carried, seven ayes.
ITEM 6-I APPROVE RIGHT-OF-WAY ACQUISITION FOR FUTURE
COUNTY ROAD 6/18TH AVENUE FRONTAGE ROAD CONNECTION
PROTECT 411
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-253 AUTHORIZING PURCHASE OF
RIGHT-OF-WAY ALONG WITH HOUSE FOR FUTURE HIGHWAY 55
FRONTAGE ROAD AND DECLARING PROPERTY SURPLUS AND
AUTHORIZING SALE OR TRADE OF SURPLUS PROPERTY, CITY
PROJECT NO. 411. '
Motion carried, seven ayes.
ITEM 6-.1 PLYMOUTH PRESBYTERIAN _CHURCH FINAL PLAT CUP
REZONING AND SITE PLAN (93141)
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt ORDINANCE 94-6 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE
NORTHWEST CORNER OF DUNKIRK LANE"AND IiOCKFORD ROAD
COUNTY ROAD 9) (93141).
Motion carried, seven ayes.
City Council Minutes
May 2, 1994
Page 6
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-254 SETTING CONDITIONS TO BE
MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR PLYMOUTH PRESBYTERIAN CHURCH (93131).
Motion carried, seven ayes.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-255 APPROVING PRELIMINARY
PLAT FOR PLYMOUTH PRESBYTERIAN CHURCH FOR PROPERTY
LOCATED AT THE NORTHWEST CORNER OF DUNKIRK LANE
NORTH AND ROCKFORD ROAD (COUNTY ROAD 9) (93141).
Motion carried, seven ayes.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-256 APPROVING SITE PLAN AND
CONDITIONAL USE PERMIT FOR PLYMOUTH PRESBYTERIAN
CHURCH FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF DUNKIRK LANE NORTH AND ROCKFORD ROAD
COUNTY ROAD 9) (93141).
Motion carried, seven ayes.
ITEM 6-K HARSTAD COMPANIES. AMENDED FINAL PLAT FOR
KINGSVIEW HEIGHTS 3RD ADDITION (93098)
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-257 AMENDING CONDITIONS TO
BE MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT,
HARSTAD COMPANIES FOR "KINGSVIEW HEIGHTS 3RD
ADDITION' FOR PROPERTY LOCATED WEST OF FERNBROOK
LANE AT 42ND AVENUE NORTH (93098).
Motion carried, seven ayes.
ITEM 6-L APPROVE GARBAGE HAULER LICENSE
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-258 APPROVING GARBAGE
HAULER LICENSE FOR WASTECO INC.
Motion carried, seven ayes.
City Council Minutes
May 2, 1994
Page 7
ITEM 6-M APPROVE REPLACEMENT OF TURF SPRAYER
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-259 APPROVAL OF BID FOR TURF
SPRAYER.
Motion carried, seven ayes.
ITEM 6-N APPROVE CONCEPT PLAN FOR ACCESSIBLE PLAYGROUND
IN PLYMOUTH CREEK PARK
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to approve the plan for the accessible playground in Plymouth Creek
Park and authorize the advertisement of bids for the project.
Motion carried, seven ayes.
ITEM 7-A APPLICATION FOR 3.2 OFF -SALE LICENSE - ARKADYS
MARKET
Clerk Rauenhorst presented the staff report on the application of Arkadys
Market, Inc., 3435 Highway 169 North, for an off -sale 3.2 liquor license.
Mayor Tierney opened the public hearing at 7:34 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmembdr Edson, seconded by Councilmember
Morrison, to adopt RESOLUTION 94-260 APPROVING OFF -SALE 3.2
LIQUOR LICENSE FOR ARKADYS MARKET INC., 3435 HIGHWAY
169 NORTH.
Motion carried, seven ayes.
ITEM 7-B ASSESSMENT HEARING - 1993 REMOVAL OF DISEASED
TREES, ROLL 2
Finance Director Hahn presented the staff report on the proposed assessments
for 1993 removal and destruction of diseased trees, Roll 2.
Mayor Tierney opened the public hearing at 7:35 p.m.
City Council Minutes
May 2, 1994
Page 8
Nancy Thoen, 3750 Emerson Avenue North, Minneapolis, stated she
represented Audrey Cebrla, 3800 Xenium Lane, and her grandmother Nellie
Begin. Ms. Thoen stated Ms. Begin was informed about the tree removal and
told by City staff that the trees only had to be debarked - not removed from the
property. She asked why an assessment of $2,070.10 is now proposed.
Park Supt. Peterson stated that the diseased trees were marked on September 1,
1993, and a letter of notification was mailed to the property owner. -Audrey
Anderson called the City on September 8 and was given a one week extension.
Staff received a complaint that 1he trees were not removed or debarked, and the
debarking did not occur by the deadline. All of the trees that were cut down
were removed from the property by the City at the cost of $2,070.10.
Ms. Thoen stated this amount is too high.
Supt. Peterson explained that the City bids the tree removal per diameter inch.
MOTION was made by Councilmember Anderson, seconded by
Councilmember Granath, to table Ms. Begin's proposed assessment to May 16,
in order for staff to meet with the property owner and prepare a full report to
the Council.
Motion carried, seven ayes.
Mayor Tierney closed the public hearing at 7:44 p.m.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to adopt RESOLUTION 94261 ADOPTING ASSESSMENTS,
1993 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2.
Motion carried, seven ayes.
ITEM 8-A DANIEL DEVELOPMENT. PUD CONCEPT PLAN
PRELIMINARY PLAN/PLAT, REZONING, CUP, VARIANCES AND GUIDE
PLAN AMENDMENT FOR THE PONDS AT BASS CREEK (93106)
Planning Supv. Senness presented the staff report on the request of Daniel
Development Company for Mixed Planned Unit Development Concept Plan,
Preliminary Plan/Plat, Conditional Use Permit and a Thoroughfare Guide Plan
Amendment for property located south of County Road 10 at Trenton Lane.
She described the 94 acre site and stated that one-third of the total area is
wetlands. The Planning Commission affirmed the City's Thoroughfare Guide
Plan (denying the applicant's request). The Commission recommended ._
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May 2, 1994
Page 9
approval of a MPUD Concept Plan, Preliminary Plan/Plat, and Conditional Use
Permit contingent upon modifications in order to comply with the City's
existing Thoroughfare Guide Plan.
She stated that at the public hearing, residents noted concerns about impacts on
the wildlife, vegetation and wetlands within this site; traffic flow through the
Harrison Hills development; impact on the surrounding property;, and the impact
of the recommendation affirming the Thoroughfare Guide Plan without
provisions for Trenton Lane to connect through this site.
Supv. Senness explained that the City's existing Thoroughfare Guide Plan
shows a minor collector street between Zachary and Nathan Lanes on 55th/56th
Avenue. A portion of this collector street has been built as part of the Harrison
Hills development. The applicant has requested a Guide Plan amendment to
eliminate the continuation of the 55/56th Avenue minor collector. As a second
alternative, the applicant also submitted a plan that both eliminates the collector
and shows a redesign of Trenton Lane.
She summarized the results of a traffic study conducted last fall by Strgar-
Roscoe-Fausch, Inc., including the differences in average daily traffic,
assuming a land use scenario similar to the existing Guide Plan and two
roadway systems: 1) with the minor collector street continued along 55th/56th
Avenue; and 2) without the minor collector street. The study concluded that
from a traffic operations perspective, there would not be significant problems if
55th/56th Avenue did not connect Zachary Lane and Nathan Lane. However,
the study further concluded that from a transportation systems perspective, the
City should continue to implement its Thoroughfare Guide Plan because
ultimately, not providing this minor collector street will place a greater burden
on the arterial system.
Supv. Senness stated that wetland protection was the primary subject of the
conditions the Council previously placed on the resolution finding no need for
an Environmental Impact Statement on this project. She stated the applicant's
materials address all 14 conditions in the resolution; however, the 14 conditions
are again recommended in the resolution for the preliminary plat approval.
She explained the park dedication and open space aspects of this site. A number
of residents have indicated they were told that the southern portion of the
property would be included in a City park. The Open Space Committee
currently does have the southern portion of The Ponds property on their review
map for evaluation. The City park adjacent to The Ponds will be 36.3 acres in
size, of which 21.5 acres will be wetlands. The City is buying between one and
two acres at a cost of $30,000 per acre over and above the required park land
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May 2, 1994
Page 10
dedication. The amount of land that the City will purchase will be finalized
when the developer determines where he will mitigate the second acre of
wetland loss. In addition, the neighborhood park will be larger than originally
contemplated in the master plan for the park. The range for neighborhood parks
of 3 to 16 acres, with an average of about 8 acres. There are several preserved
areas in this portion of the City. This area of the City has as much or more
preserved areas than most other areas of the City. She stated the net acres of
parkland dedication changed since December because the townhomewere not
included.
Supv. Senness stated that based on the previous Council direction to provide as
much protection as possible to the wetlands, the applicant proposed a redesign
of Block 2. The applicant proposes a 25' front yard setback on all lots, with the
exception of Lots 6 and 7 where a 20' front yard setback is proposed. These
lots are also two of the four that would not have a minimum 10 foot buffer
between the rear yard and the wetland. Staff is concerned that the reduced front
yard setback would not result in adequate room for vehicle storage in the
driveways. In addition to the question of usable building area, there is the great
importance of providing buffer and building setback from the wetlands.
Staff recommends an optional layout for Block 2 which would result in two less
lots; however, this loss would be offset in part by a reduction of about $87,000
in site preparation costs due to less required grading and the elimination of a
cul-de-sac.
In response to the staff proposed design for Block 2; the applicant suggested an
alternative with a shorter cul-de-sac and only one less lot. Staff has reviewed
this alternative and concluded that it does'not address most of the concerns that
led to the proposed redesign of Block 2 including 1) Lot 6 has a 20' front yard
setback; 2) Blocks 5 and 6 have the required 10' minimum building setback but
both lack the 10' wetland buffer; ;and 3) The cul-de-sac will still require
substantial grading immediately adjacent to al wetland. In addition, Lots 4 and
5 do not meet the required 90' foot lot width at the building setback.
Staff recommends that the Council reaffirm the current Thoroughfare Guide
Plan and approve all applicant's requests for the development, with the redesign
of Block 2 as recommended by staff.
Mayor Tierney stated that she does not usually like to approve private drives as
access for homes. She asked how emergency vehicles could access the two
affected homes.
City Council Minutes
May 2, 1994
Page 11
Supv. Senness said both of the homes would have frontage on a -public street,
and the Public Safety Department is comfortable with the street proposal.
In response to a question from Councilmember Anderson, she stated the
driveways to the two homes would be about 170' long. She stated the cul-de-
sac would be quite short. They tried a design of doing a private driveway all
the way back to the homes, but the length would have been over 200' and a
turn -around and substantial grading would have been required. -
a
Councilmember Lymangood asked if the redesign proposed by the developer
can meet the 25' front yard setback.
Supv. Senness responded yes.
Councilmember Morrison asked if the developer -proposed redesign could meet
the 10' buffer from the wetlands.
Supv. Senness said it is possible but there is not a lot of area for movement of
the building pad on the site. She stated that Lots 1 and 2 are the same on the
staff and developer proposed redesigns. Wetland filling has been approved for
those two lots. Lot 2 can meet the front yard setback and buffer minimums.
Lot 3 is designed for sufficient building setback, but no buffer.
Councilmember Granath asked how many underlying variances would be
needed if this were not proposed as a PUD.
Supv. Senness stated this is difficult to determine. For example, in standard
subdivision platting, a 35' front yard setback is required, but there are many
cases in the City where there are 25' setbacks particularly in the event of
wetlands. This development proposes 25' front yard setback through the PUD
with two lots at 20' under the applicant's original proposal. Under the staff
alternative and the applicant's proposed redesign, all lots meet the 25' front
yard setback. She stated the only true variance request is to the subdivision
ordinance for street width.
Councilmember Lymangood suggested discussion of the lengthy cul-de-sac
beingcreated between Harrison Hills and this development, as the Planning
Commission didn't have this material.
Director Hurlburt stated the 55th Avenue cul-de-sac in Harrison Hills is on the
western edge of this project. If is a fairly long. cul-de-sac if followed through
Harrison Hills. At one point, it was considered a through street into this
property; however, the City asked the applicant in 1988 not to put it in as a
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May 2, 1994
Page 12
through street. There would be a tum -around provided for that street on this ,
property.
Councihnember Elson asked what Councils and Planning Commissions have
granted in the past for excessive length cul-de-sacs.
Director Hurlburt stated a previous project this year had a cul-de-sac of 1,300
feet, and another was 1,100. This one will be about 850' in length. -She stated
that existing street was approved in a previous development and the cul-de-sac
could either extend through this parcel as a through street or end as a cul-de-sac.
This would not be an amendment as the plan has remained consistent.
Councihnember Granath asked that in interest of fairness, both sides spca_ king
on this issue have equal time to address the Council.
Councihnember Anderson agreed and noted that Councilmembers have
reviewed all information received on this proposed project.
Dan Hunt, Daniel Development, stated they have held five neighborhood
meetings and had over 100 phone conversations with residents, as well as many
meetings with staff and Councilmembers. He is ready to proceed in whichever
way the Council approves the Thoroughfare Guide Plan. He stated there were
residents living on 56th Avenue who wanted the cul-de-sac last December. Mr.
Hunt believes that the petitioner's alternative for Block 2 redesign that results in
four lots is the best placement. He stated there have been some discussion of
the Open Space Committee considering the southern portion of the property.
He will entertain offers for purchase.
Frank Svoboda, Franklin J. Svoboda & Associates, Inc., summarized the
wetland issues he presented at the April 4 meeting. He believes the developer's
proposed alternative is a reasonable midpoint between the original proposal and
the City staff's alternative proposal. He said the water quality in wetlands will
be maintained. He examined the wetlands in the last week after an excessive
amount of rainfall (he said that a local resident reported 9" in 4 days). His
opinion is that this development will not adversely affect the water quality in the
two water quality basins.
Councilmember Anderson asked where the storm water will be stored given the
high level of water and the smallest setbacks proposed for Lots 5 and 6.
Mr. Svoboda responded that the water line would still be within the buffer
because the topography is fairly abrupt.
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May 2, 1994
Page 13
Greg Frank, McCombs -Frank -Roos, stated the wetland does not currently have
controlled outlet elevation. The outlet control will determine what the
maximum elevations will be for the 100 yr. storms. The wetland limit is not
the edge of the water. The edge includes the water area and some area that is
dry but wetland vegetation. There are control measures with the storm sewer
piping that will be constructed as part of this project to control flooding.
Director Moore stated the piping for the system is at the end of 55th -Avenue,
andultimatelyout to Bass Creek.
Councilmember Anderson asked if the runoff water goes into the storm sewer or
into other ponds.
Mr. Frank stated the front yards and streets flow into the storm sewers, and the
rear yard runoff goes directly into the wetlands. He stated the water joins other
water flowing into a NURP pond, then to other ponds, etc.
Mr. Frank stated the length of the cul-de-sac under the applicant's original
proposal is 400'. Under the staff proposal, the cul-de-sac length would be 200'
to the first site and 400' to the second site. The developer will need extensive
sanitary sewer and water lines to serve the rear site and this will largely offset
the cost savings of grading that staff noted. Under the developer proposed
alternative, the minimum buffer would be met and the minimum 90' lot width at
the setback line would be met for two lots. The developer could meet the lot
width on the third lot as well, if required. He stated the applicant would prefer
a 27' wide cul-de-sac because there is only parking on one -side and it only
serves three lots. They could go to 32' width if necessary.
Mr. Frank stated that the basis for the original Transportation Plan was
developed in 1980. Harrison Hills Ponds was developed at less intensity than
was proposed in the LA -2 and LA -3 underlying guiding that was anticipated in
1980. This property will also develop at less intensity, as a large portion of the
land available for development has been reduced since 1980 based on new
wetland regulations. He asked how the property to the east can gain access if it
is not stubbed to this property. He stated that the easterly property will
probably develop at a higher density than this development. He doesn't support
access to that.parcel and stated they should be separate -because they are separate
land uses'- Mr Frank stated there is adequate justification that the design as
originally submitted should be approved, but the petitioner will comply with the
Council's desire.
Mayor Tierney .expressed concern about the impacts to various streets noted in
the traffic study.- She noted that the difference on Bass Lake Road between
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May 2, 1994
Page 14
Trenton and Nathan is an increased 1,480 vehicles per day, while the impact to
Trenton is 480, to Zachary Lane is 830, and to Nathan Lane is 880. She stated
that if the traffic remained on 55th Avenue, there would be a 72 percent
increase in traffic.
Councihnember Edson asked if all lot requirements could be met under the
developer's proposed redesign with the cul-de-sac.
Mr. Frank stated Lots 5 and 6 would meet the -10' buffer area, but there would
not be a setback from the buffer.
Councihnember Lymangood noted that Lot 6 is shown as a walk -out lot. He
asked if there would be provisions for no deck because of the 10' buffer..
Director Hurlburt stated decks would be allowed in the buffer, but posts could
not go into the wetlands.
Councilmember Lymangood asked if staff had taken into consideration the
increased cost to the developer for extending sewer and water under the staff -
proposed alternative.
Director Hurlburt stated the estimate did not include, the costs for private sewer
and water service or grading, but she believes the total cost would be far less
than the public improvements required under the applicant's plan. She stated
there are still two lots that do not have a setback from the buffer. Staff is
concerned about the amount of grading required under the revised developer's
alternative. Staff believes the developer's revised plan is better than the original
plan, but there are still concerns. ' `
Mr. Frank questioned if a 15' wide driveway is adequate. He recommended a
24' width if no curb and gutter is installed.
Director Hurlburt doubted that the extra width would be needed. She stated this
serves as access for only two homes and there will be very few trips on this
roadway. The narrower driveway will result in less negative environmental
impact.
Daniel Hunt stated one of the homes would be 400' from the public street. He
believes a cul-de-sac is the correct access - not a 400' private driveway.
Councihnember Anderson asked if the Council could grant a variance on Lots 5
and 6 for a 20' front yard setback to avoid the rear buffer problem.
City Council Minutes
May 2, 1994
Page 15
Director Hurlburt stated the Council could allow the 20' setback, but should
also specify requirements on setbacks from the buffer.
Liz Brannan, 5465 Orleans Lane, read a written comment on behalf of area
residents expressing concerns about the proposed Ponds at Bass. Creek -
development. She said the park dedication policy states that 10 percent of the
development area is to be set aside by the developer and staff has indicated it
will be the largest neighborhood park in the City. She said this park will be a
combination of three parks, used by four neighborhoods. The developer's plan
calls for 25' front yard setbacks, and she questioned why 25' setbacks are being
approved. She believes the developer should adhere to zoning ordinance
requirements the same as other developers. She stated the Open Space
Committee has identified only three potential sites in Ward 4 for possible
preservation. The Ponds at Bass Creek is one of those sites. She requested that
the Council direct staff to consider open space preservation for the southwest
comer of the site before building occurs.
Ms. Brannan stated the quality of wetlands on the site need to be preserved, and
said that studies have shown that 50' buffer zones are needed to maintain
healthy wetlands. She stated the wetlands and preservation areas need to be
handled differently than in 1988. These are considered prime wetlands and she
recommended that the City purchase the area for open space.
Mayor Tierney stated that 25' front yard setbacks are not unusual in a Planned
Unit Development and would not be considered a variance.
Dennis Jackson, 10700 53rd Avenue North, stated they built their home in 1990
aware that the abutting area could be developed. They had reviewed the plan
proposed in 1988, and feel that the Daniel Development plan is more positive.
He recommended that the City proceed with efforts to define a wetland
protection ordinance and to save more of the wetlands for public use.
Mark Wahl, 11640 52nd Avenue North, stated he is a member of the Park and
Recreation Advisory Committee and the Open Space Committee. The Open
Space Committee has identified 28 sites in the City for further analysis for
possible protection of open areas, including a portion of this site. He said the
next step is approval of a consultant to study these sites, with.results back
sometime in mid-June. He believes this area will rank highly in that analysis.
Mayor Tierney stated she thought there were 34 sites under consideration by the
Open Space Committee.
City Council Minutes
May 2, 1994
Page 16
Mr. Wahl stated the Committee started with 34 sites, but that number has been
reduced to 28 sites. Only three of the sites are in Ward 4, and two of the sites
are very small. This site could be viable as a wildlife habitat.
Councilmember Helliwell agreed that the southwest portion of this site is worth
preserving.
Tom Jes, 5055 Evergreen Lane North, showed photographs taken after a recent
large rainfall. There were pictures of nests on4he site that had been severely
impacted by the water level. He said there are significant issues to be raised,
and there are silt mnoff problems from Wild Wings Addition. He said the
Council should not approve another project when staff cannot monitor the
existing runoff problems affecting this site. He proposed taking comparison
water samples from the wetlands in the proposed development and in Wild
Wings Addition. He suggested that if the Council approves the development,
the City could condemn the property and turn it into a park once the
sedimentation reaches a certain point.
Councilmember Lymangood stated that one of Mr. Jes' photographs of a lot in
Wild Wings Addition shows a deck that is partially under water.
Mr. Jes stated there are 93.7 acres on this site waiting to be developed, and the
water runoff from this property must go somewhere.
Mayor Tierney stated the water runoff from the site must be regulated once the
development is in.
Mark Milberger, stated that the extension of 55th Avenue as a through street is
warranted, given that traffic on Zachary Lane would be reduced. He presented
a letter from Zachary Lane area residents indicating that the Council should
consider acquisition of the southern portion of the property in order maintain it
in its natural state.
John DeVries, 11540 Bass Lake, Prime Builders, stated he owns the property
immediately to the east of this site. He has received approval for access to his
site from the east, so a westerly access from Mr. Hunt's property is not
required. He stated that no matter what action the Council takes on Mr. Hunt's
request, he will be able to develop his property; however, he requested that the
Council provide direction on whether they will be amending the Guide Plan.
Karen Jackson, 10700 53rd Avenue North, presented 15 signatures from people
concerned about development of the southern portion of the site. She stated this
development would dramatically change the environment of the existing
City Council Minutes
May 2, 1994
Page 17
surrounding neighborhood. She strongly feels that the southern portion of the
site is unique and should be retained in its natural state. Ms.Jackson stated this
site could not be developed if a wetland ordinance were in place today.
Charles Steiner, 5160 Trenton Lane, presented a letter signed by 13 residents in
Wild Wings Addition encouraging the Council to reject the development
proposal. He agrees that the site should be developed, but development should
be restricted to the northerly 2/3 of the site, with the southerly 1/3 retained as a
park. The only way to retain the area in its natural state is if it is controlled by
the City. \
Bernhard Fokken, 5175 Trenton Lane, submitted a letter with 26 signatures.
He moved into the area because of the wetlands. He said Ward 4 has only three
areas left for possible preservation, and the residents support retaining the
southern portion of the site.
Ken Wendinger, 5465 Orleans Lane, said residents would like to see a balance
between development and preservation of natural resources. He encouraged the
Council to seriously consider the Open Space Committee recommendations and
consider purchase of property in this development. He requested that the PUD
process be used to preserve the fragile qualities of a special parcel. He stated
that there are many "variances" from the typical subdivision requirements
through the PUD process. For example, he believes that no new development
was ever granted a 25' front yard setback. He said this is not in conformity
with surrounding neighborhoods and too many homes are being squeezed onto a
special piece of land. He does not object to development on the northern_
portion of the site, but does object to development on the southern portion of
the site.
Bob Donley, 11740 38th Avenue North, believes this development should not
go forward. He stated that with the PUD flexibility, the developer should be
able to propose a superior plan which has not been done. He stated the
developer is squeezing in as many homes as possible on the site. Mr. Donley
objected to the 25' front yard setback.
William Gimble, 5405 Orleans Lane North, stated that area residents have been
told for years that the southern portion of this property would be preserved for a
park. He stated nothing should be built in the wetland area, and this would not
prevent development of non -wetland areas of the site. He said that if the City is
planning to purchase 80 acres of property in northwest Plymouth for ballfields,
then certainly they should purchase the wetland area. on this site. The park
survey done in 1993 indicated that the retention_ of natural areas is one of the
highest priorities of Plymouth residents.
City Council Minutes
May 2, 1994
Page 18
Margie Albert, 10740 55th Avenue North, stated her home in Harrison Hills
abuts this development. She agreed with the wetland issues previously
discussed. She is concerned about traffic. One of the reasons she purchased
her home was that it was located on a quiet, safe residential street. She stated
that there would be increased traffic with the proposed opening of 55th Avenue,
and this will be unsafe for children who now play in the street.
Paul Steele, 10905 55th Avenue North, stated be had submitted an alternative
road plan as part of the EAW response. He said that children in the
neighborhood play on the street, and any proposal for a through street is a big
concern. He submitted a petition with 60 signatures supporting an alternative
street plan to eliminate the connection of 57th and 55th Avenues.
Councilmember Helliwell stated that in removing this segment of roadway, staff
expressed concerns about the extreme curves of the roadway. She said that
residents have complained about unsafe traffic.
Mr. Steele said the curve would still existing whether or not the roadway is
connected.
Penny Steele, 10905 55th Avenue North, stated there are a lot of children
playing on the streets and two bus stops in the area. Her main concern is that
additional traffic does not cut through their neighborhood from Zachary Lane to
Bass Lake Road. She requested that the Council consider a change in the
roadway alignment to eliminate the connection.
Cathy Challman, 10705 56th Avenue North, stated she had spoken to the truck
driver of a major lawn maintenance company who indicated he had permission
to dump three truckloads of debris on this site. She stated this site was
previously a stunning area, but has become a dumping ground. She encouraged
the Council to approve the development and consider the removal of the street
connection.
Mary Kettler-Curtis, 10645 48th Avenue North, represented 19 residents who
are concerned about saving the wetlands on the site. She said the residents
would like the developer to be prevented. from building on the southwest portion
of the site until the Open Space study is completed. The residents would also
like to have 35' front yard setbacks in the development. She stated the
developer is proposing to build an artificial wetland on the site. They believe
the City should purchase another acre to include in the park.
City Council Minutes
May 2, 1994
Page 19
Anne Bipes, 10605 52nd Avenue North, presented.a letter from Lori
Marchiniak, Yorktown Lane, requesting that the wetland area from 55th Avenue
to the Soo Line be preserved as parkland. Ms. Bipes stated the developer is
requesting 25' front yard variances for all lots, yet the Planning Commission
approved 30' front yard setbacks. Ms. Bipes stated the developer's proposal
includes 102 variances from the zoning based guidelines. The Zoning
Ordinance requires 90' lot widths, but eight of the lots have an 80' width. The
Zoning Ordinance requires 33' street width, but the developer is proposing 27'
width. She believes this is an excessive number of variances, and stated that by
reducing the number of lots, the impact on the wetlands can be reduced. She
stated that 25' front yard variances have never been granted for a standard
preliminary plat, and 20' front yard setbacks have not been granted at all for
any plat. She stated the proposed front yard setbacks are inconsistent with the
adjacent developments, and the development proposal should not be approved.
Ms. Bipes said the Thoroughfare Guide Plan provides for 55th Avenue to
connect Zachary Lane and Nathan Lane. She believes it makes sense to have a
connection roadway as supported by the traffic'studies. The staff report
indicated that the Metropolitan Council would not require the City to implement
the plan. However, she was informed by the Metropolitan Council that the City
would have to prove the connection was not needed before they would approve
the alternative. She encouraged the Council to affirm the Thoroughfare Guide
Plan.
Ms. Bipes addressed the alternative proposals for Block 2. She. noted that the
staff recommended alternative and the developer's alternative occurred after the
public hearing. However, she supports the staff recommendation as having the
least impact on the wetlands. She stated that one reason to deny the project is
that the preliminary plat/plan does not adequately carry out the City's
Comprehensive Plan objective to require all developers to retain the natural
environment as much as possible by such measures as the preservation of
desirable trees, shrubs, landforms, wetlands, and ponding areas. Although the
developer has taken some measures to preserve these elements, the proposal will
remove substantial amounts of desirable trees and shrubs, alter existing
landforms through extensive grading, and impact wetlands by placing streets
immediately adjacent to several wetlands. She stated there is forest and habitat
on this site, and the grading and fill will be significant. She questioned how the
reduced setbacks can be approved, when staff has been directed to draft an
interim ordinance which would not allow the reduced setbacks.
Julie Johnson, 10760 55th Avenue North, stated she lives in Harrison Hills and
favors the development plan that mi mutes the traffic impact. She said there is
currently trash and inappropriate use of the site:
City Council Minutes
May 2, 1994
Page 20
Mr. Hunt stated he is serious about selling the southern portion of the lot. He
stated he will not come forward with a final plat for the portion of the site south
of 55th Avenue until the end of July in order to allow the City time to develop a
plan to purchase the land.
Councihnember Anderson asked how many acres of the site are located south
from 55th Avenue to the railroad. -
Mr. Frank said about 35 acres ,
Councihnember Lymangood appreciated Mr. Hunt's willingness to consider
further sale of the site. He said the Council will probably not find a solution
with which everyone is happy. He asked if the Council could approve
development of only a portion of the site.
Mr. Hunt clarified that his offer is that if the preliminary plat is approved for
the entire site, he would not come forward with a final plat proposal for the
southern portion until the end of July.
Councihnember Helliwell asked what Mr. Hunt would do if someone wanted to
purchase a lot in the southern portion in the meantime.
Mr. Hunt said that legally he could not sell a lot until the property is platted.
Mayor Tierney called a five minute break.
Mr. Hunt stated that he would work to•m;nimie the sharpness of the curve in
the roadway.
In response to resident questions, Park Director Blank stated it is not unusual to
have a neighborhood park comprised of several neighborhoods. He stated the
City's Comprehensive Plan is based on walking neighborhoods, with this area
bounded by Zachary Lane on the west; Schmidt Lake Road to the south, Bass
Lake Road to the north, and Highway 169 to the east. Normally, a 5 to 7 acre
park -would be proposed for this area size. However, 14.8 acres of dry land is
proposed as parkland. This would exceed the normal standard by 3 to 4 times.
He stated that staff is speculating that about three acres of this property would
have to be purchased for open space, in addition to the park dedication. The
property would probably be in the range of about $30,000 per acre.
Councilmember Anderson noted that the area under discussion for preservation
is already being proposed for inclusion in a park.
City Council Minutes
May 2, 1994
Page 21
Councihnember Lymangood stated there are also concerns about preserving the
southwestern portion of the site.
Associate Planner Keho stated that 25' front yard setbacks are not a precedent
and have been approved on previous plats on a case-by-case basis. However,
30' front yard setbacks are much more typical.
Director Hurlburt stated the preservation of wetlands is the primary reason for
the proposed 25' front yard setbacks.
Mr. Hunt stated the 25' front yard setbacks were not the original request of the
developer.
Mr. Frank stated that the water level for the site will be established through the
storm water drainage plan and the grading plan. The current problem is that
piping is not in place.
Director Moore stated that all current water levels are temporary. The DNR
controls the elevation of the outlet for the wetlands and additional elevations
will be set before development occurs.
Mr. Jes asked what happens when a large rainfall is received that the site cannot
accommodate, such as occurs in Wild Wings Addition.
Director Moore stated staff will check the water levels in Wild Wings. He
stated the DNR has not yet designated the height of the permanent pipe
installation for this site.
Mr. Frank clarified that the DNR has established the ordinary high water mark
on the site, but not the 100 year high water mark. That would be submitted
with the final plat application to be reviewed by the DNR and watershed
district.
Councihnember Lymangood asked what effect this has on the elevation of the
ponds.
Director Moore explained that after all design is done, the minimum elevation is
two feet above the 100 year high water level.
Councilmember Lymangood stated that the 100 year high water level was
previously established in Wild Wings Addition and the water is currently higher
than that level.
City Council Minutes
May 2, 1994
Page 22
Director Moore stated that is correct, and staff is studying the reason it
occurred.
Councilmembers Granath and Helliwell asked if the Council could only approve
a portion of the plat.
Attorney Barnard responded that the Council would either need to approve or
deny the entire parcel application. He stated the Council needs to approve or
deny the requests on the merits of the proposal, without regard to the purchase
offer. He advised that the Council not add a condition relating to the southern
portion of the site.
Peter Bachman, legal counsel for Daniel Development, asked if it is true that if
an application meets all the requirements for a preliminary plat, the applicant is
entitled to approval..
Attorney Barnard stated that in this case, the petitioner is requesting several
things - not just plat approval.
Mr. Bachman stated that Council has received a good faith offer from Mr. Hunt
that he will not submit a final plat request on the southern portion of the site
until July.
Councilmember Edson stated that if the applicant meets all the conditions of the
preliminary plat, then the final plat approval becomes a ministerial, not a
discretionary, act of the Council. Therefore, adding a condition indicating that
the developer will not submit a final plat application until July does not detract
from the City's rights.
Mayor Tierney asked if there are more units proposed than could be expected in
an average PUD.
Planning Supv. Senness stated the number of units proposed in this development
is less than would be allowed under the comprehensive plan. Because this is
being applied for under a PUD, staff starts with the underlying zoning, but the
entire idea of a PUD is there will be changes from that. The changes are not
variances. Staff pointed out that the 20' front yard setbacks on two lots is not
an appropriate request; however, staff is comfortable with the 25' setbacks.
The Council discussed the proposed 850' cul-de-sac.
City Council Minutes
May 2, 1994
Page 23
Mr. Hunt stated that residents have indicated they do not want the street to go
through because of increased traffic.
Councilmember Lymangood stated that the excessive length of the cul-de-sac
should have been discussed at the Planning Commission meeting. He asked
how the Council can proceed since that did not occur as this is an important
element of the proposal.
Mayor Tierney stated this cul-de-sac is the result of a previous development
approval to the west.
Director Hurlburt stated that in 1988 there was controversy about whether the
street would go through. In 1988, a cul-de-sac was approved in the Concept
Plan. The Planning Commission did not make any specific findings with regard
to that issue; however, the Planning Commission did approve the overall plan.
MOTION was made by Councilmember Lymangood, seconded by
Councilmember Granath, to refer this application to the Planning Commission
to review items including the variance for excessive cul-de-sac length.
Councilmember Morrison stated she will not vote to delay this project. She
believes this issue has been dealt with by the recommendation of the Planning
Commission for overall approval of the development.
Councilmember Granath stated he also would like to achieve a decision tonight,
but -stated the Code has not been followed if the Planning Commission has not
addressed this issue.
Director Hurlburt stated the Planning Commission held a public hearing on the
plan which included the proposed cul-de-sac.
Attorney Barnard stated that the City Council approved an 850' cul-de-sac in
1988 as part of the adjacent development. It has remained a planned cul-de-sac
since that time, and it is not necessary for the Planning Commission to consider
it again. He stated the intent is not important - what is relevant is that a cul-de-
sac was created by a prior Council action.
Councilmember Helliwell agreed with Councilmember Morrison that this issue
was dealt with by a previous Council action in 1988 and the decision on the
applications should not be delayed.
Mr. Frank stated it was an MPUD preliminary plat/plan that was approved in
1988.
City Council Minutes
May 2, 1994
Page 24
Councilmember Lymangood asked if it was only a concept plan that was
approved.
Director Moore stated that when Harrison Hills was approved in 1987, it did
not include any of this property. The concept plan and preliminary plat that was
submitted in 1988 included a controversy about how the townhomes in Harrison
Hills would have access. In 1988, it was decided that the townhomes would
have access in the northern portion of the site and this would be a cul-de-sac.
Motion to refer to the Planning Commission failed: Granath and Lymangood
ayes; Anderson, Morrison, Helliwell, Edson, and Tierney nays.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-262 APPROVING AMENDMENT TO THE
TRANSPORTATION ELEMENT OF THE PLYMOUTH
COMPREHENSIVE PLAN REQUESTED BY DANIEL DEVELOPMENT
COMPANY (93106).
Councilmember Lymangood stated that the 1988 plan showed that 55th Avenue
was to go through and connect with Nathan Lane.
Director Moore stated the right-of-way for the Harrison Hills subdivision
approved in 1988 is 60' width and designated as a minor collector street.
Councilmember Lymangood noted there is a sidewalk on 53rd Avenue, but no
sidewalk on 55th Avenue. He asked if everyone who purchased homes since
Harrison Hills was platted was aware that this was a minor collector street.
Director Moore stated it was indicated in the City's Thoroughfare Guide Plan.
Mayor Tierney stated that 55th Avenue should not be connected to Nathan Lane
due to additional traffic, and Mr. DeVries has indicated that he does not need
this through access to serve his adjacent property to the east. She stated a
traffic impact on Bass Lake Road of 6 percent; on Nathan Lane of 8 percent,
and on Zachary Lane of 9 percent is not significant. However, a 72 percent
traffic increase on 55th Avenue is significant. She is also concerned about the
wetlands and pollution from roadways. She supports the project without the
connecting link to Trenton Lane, with a roadway redesign so the curve is
lessened.
Councilmember Edson stated he supports the resolution for the reasons stated by
Mayor Tierney. In addition, there are several different untying zoning uses that
City Council Minutes
May 2, 1994
Page 25
the proposed minor collector would go through, including different residential
densities and commercial property to the east. He believes that traffic problems
are created when collector streets go through incompatible land uses. He stated
that the Comprehensive Plan is only a plan. Where circumstances have
changed, the Council needs to be flexible and amend the Plan to adapt to the
neighborhood.
Councilmember Morrison agreed, but expressed some concern in changing the
overall plan. She believes the change would result in less impact on the
neighborhoods, and stated that is a good reason to divert from a plan adopted
many years ago.
Councilmember Helliwell stated that she has heard from residents that if 55th
Avenue is connected to Nathan Lane, the neighborhood would be split because
major traffic would result. She expressed concerns about comments of children
playing in the streets. She stated that streets are not designed for children to
play in and perhaps it is a sign that the Council is approving lot areas that are
too small.
Councilmember Granath stated he lives on a minor collector street and has a 10 -
month son so he is sensitive to the traffic concerns. However, he believes this
problem is being driven by too much development, and the Council must
consider the safety of residents on all streets. He stated he will support this
motion, but it is difficult because the decision to enhance safety for one
neighborhood may take it away from other neighborhoods.
Motion carried: six ayes; Lymangood nay.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-263 APPROVING MIXED PLANNED UNIT
DEVELOPMENT CONCEPT PLAN FOR DANIEL DEVELOPMENT FOR
PROPERTY. LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 10
AT TRENTON LANE (93106).
Supv. Senness stated that based on the Council's action to amend the
Transportation Element of the Comprehensive Plan, changes are needed to this
proposed resolution in order to address the Trenton loop.
Director Hurlburt noted that Condition 6 of the proposed resolution would
require the redesign of Block 2 as recommended by staff.
MOTION to amend the main motion was made --by Councilmember Edson,
seconded by Councilmember Anderson, to 1) substitute a new Conditioq 6
City Council Minutes,
May 2, 1994
Page 26
which specifies that the redesign of Block 2 would be based on the developer -
proposed redesign, 2) add Condition 7 that Trenton Lane be deleted between
56th Avenue and 57th Avenue North, and 3) the curve around to 56th Avenue
North be redesigned for maximum safety and functionality to avoid vehicles
leaving the roadway and going into yards.
Motion to amend carried: Edson, Anderson, Morrison, and Tierney ayes;
Granath, Lymangood, and Helliwell nays.
Q
Councihnember Morrison stated several concerns were raised by citizens and
the developer with respect to the wetland issue. She is concerned about the
wetland protection in this area and feels the developer has made concessions
based on the direction of the City Council. Councihnember Morrison believes
that a compromise has been reached with the lot configuration of Block -2 with
minimal impact on the wetlands. She stated the traffic concerns were addressed
with the previous resolution. The City Attorney has indicated that the Council
must consider the application in total and cannot split the approval for only a
portion of the site. The Council has only until June 6 to legally decide this
issue, and she does not believe that delaying a decision will gain the Council
any additional information. She believes the 10' required setback buffer is
sufficient unless and until the Council adopts something better. At this point,
the Council needs to work within the existing ordinances and this proposal has
been submitted for some time.
Councihnember Helliwell stated that although the Council must act on this
application by June 6, a report will not be available from the Open Space
Committee until later in June. She believes that the developer will plat the
northern portion of the site first and consider sale of the southern portion if
someone comes forward with anoffer, as he has indicated. Councilmember
Helliwell does not want to see development on the southern portion of the site.
She stated this area looks like Wild Wings before development, and it is
unacceptable to see water lapping onto deck stairs. She stated that if the Open
Space Committee recommends purchase by the City, she will support it.
Residents have noted that this unattended land collects junk. If homes develop
on it, that would not occur. Or, if the City took responsibility for this land as a
park; dumping would not be a problem.
Main motion as once amended carried: Edson, Anderson, Morrison, Helliwell,
and Tierney ayes; Granath and Lymangood nays.
Supv. Senness recommended a number of changes to the proposed resolution
approving the MPUD Preliminary Plat based on the Council's previous actions.
She stated that: 1) the following should be added to proposed Condition 1:
City Council Minutes
May 2, 1994
Page 27
except for Items 25B and 25C", 2) the following should be added to proposed
Condition 19 "except for Lot 4, Block 2", 3) Lots 3, 5, and 6, Block 2, and
Lot 1, Block 4, should be added to Condition 20c, 4) the following should be
added to Condition 21 "as measured from the 30' front yard setback line", 5)
eliminate Condition 33, 6) add Conditions 34 and 35 regarding redesign of
Block 2 and elimination of Trenton Lane between 56th and 57th Avenues to
conform with the approved Concept Plan, and 7) add Condition 36 that a
variance from the subdivision code is granted for a 27' back to backstreet vs.
the subdivision code requirement of 33' in Bloek 2. The variance is based on
the unique circumstances regarding topography and wetlands on the property.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
adopt RESOLUTION 94-264 APPROVING MIItED PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL
USE PERMIT FOR DANIEL DEVELOPMENT FOR PROPERTY
LOCATED SOUTH OF COUNTY ROAD 10 AT TRENTON LANE
93106).
MOTION to amend the main motion was made by Councilmember Lymangood,-
seconded by Councilmember Granath, to amend Condition 16 to add that at a
minimum the on-site basins would be constructed so as to handle a 2.5" rainfall.
Mr. Frank stated that this would be acceptable to the petitioner. He asked
whether Condition 6 should be amended since the balance of trails are within
the city park.
Director Blank suggested that the language remain as is. He said there is no
problem with delaying it until a master plan for the park is developed.
Mr. Hunt stated this condition is fine with him as well.
Motion to amend carried, seven ayes.
Councilmember Granath commended the developer for his cooperation and
environmental awareness. He stated the Council has to make a decision on
competing interests, and he will be voting against this proposal because he
believes the Council could receive a still better proposal. He is specifically
concerned about water levels, park space, setbacks, and other concerns
previously noted. He is concerned that if this is approved, the Council will
continue to face consequences in the future.
Mayor Tierney stated she will support the request as the developer has shown
good faith in proposing a development sensitive to the environment. She,
City Council Minutes
May 2, 1994
Page 28
believes the property must be purchased in order for the City to deny someone
the right to build on it. She also believes there is still a chance for purchase of
the southern portion of the site.. Without a wetland protection ordinance in
place, the Council must rely on the developer to present a reasonable plan. She
stated this will already be the largest neighborhood park in the City and it is
difficult to justify a City -only purchase of the site.
Councilmember Lymangood stated he agrees with the several issues -raised in
the staff report including the first four items orp Page 5 of the staff report. He
disagrees with the staff comments on setbacks and does not understand the
Mayor's position on parkland. He stated that the Mayor and City Manager
believe the City should be buying parkland for future use because it will hold its
value. He stated that this area will be sold faster than the area the Council is
considering for joint purchase with School District 284 outside of the MUSA.
He further does not agree with amending the Comprehensive Plan
Transportation Element and traffic patterns for 20 homes, and has serious
concerns about the 850' cul-de-sac.
Mayor Tierney stated she believes that the land considered for joint purchase
with School District 284 will increase in value over time, whereas, she is unsure
that values will increase in this area. For example, if the City adopts a wetland
ordinance, the land may decline in value. If it were made unbuildable, the onlyvaluewouldbeasapark.
Councilmember Lymangood stated there are trees and a creek through the area
proposed for purchase with the School District as well, and the same thing could
result.
Councilmember Anderson suggested that residents get together to consider fund-
raising for possible purchase of the southeastern area of the site. He would like
to see some private initiative from residents to purchase the land, particularly
with the current concerns about the 1994 operating budget. He stated that this
is the first development approved in the City of Plymouth with a wetland
buffer.
Councilmember Lymangood stated he also is concerned about the operating
budget; however, this would be funded from another source. He stated the City
has designated $90,000 for purchase of open space property, and a portion of
that amount may be available for purchase of a portion of this site.
Councilmember Granath stated citizens in Plymouth will be paying to clean-up
Parkers Lake. The .Council needs to take a long-term view of the impacts of
development on the environment.
City Council Minutes
May 2, 1994
Page 29
Main motion as once amended carried, Edson, Anderson, Morrison, Helliwell,
and Tierney ayes; Granath and Lymangood nays.
Councilmember Edson noted that the remaining two resolutionsregarding
zoning and setting conditions are ministerial actions of the Council, given the
previously adopted resolutions.
MOTION was made by Councilmember Edson] seconded by Mayor Tierney, toadoptORDINANCE94-7 AMENDING THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LOCATED SOUTH OF COUNTY ROAD
10 AT TRENTON LANE (93106), and RESOLUTION 94-265 SETTING
CONDITIONS TO BE MET PRIOR. TO PUBLICATION OF ORDINANCE
REZONING LAND FOR DANIEL DEVELOPMENT, THE PONDS AT
BASS CREEK (93106).
Motion carried: Edson, Anderson, Morrison, Helliwell, and Tierney ayes; Granath and Lymangood nays.
ITEM 8-B A-1 TRUCKING CUP AMENDMENTS (94022)
Bob Smith, R.P. Smith Land Planning Consulting, represented A-1 Trucking.
He stated the petitioner is requesting a two week deferral of this request.
MOTION was made by Councilmember Anderson, seconded by
Councilmember Lymangood, to table the request of A-1 Trucking for
Conditional Use Permit Amendments to add additional vehicle types for repair
and to eliminate required screening of outdoor storage at 1135 Nathan Lane
94022) to May 16.
Motion carried, seven ayes.
ITEM 8-C APPROVE CONTRACT WITH CLERICAL TECHNICAL AND
PROFESSIONAL EMPLOYEES
MOTION was made by Mayor Tierney, seconded by Councilmember Granath,
to adopt RESOLUTION 94-266 APPROVING THE LABOR
AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND
PLYMOUTH CLERICAL, TECHNICAL AND PROFESSIONAL
EMPLOYEES, REPRESENTED BY AFSCME, COUNCIL 14, LOCAL
3839 FOR THE CALENDAR YEARS 1994 AND 1995.
Motion carried, seven ayes.
City Council Minutes
May 2, 1994
Page 30
ITEM 8-D APPOINT CONSULTANT TO DO ENVIRONMENTAL SITE
REVIEWS FOR THE OPEN SPACE COMMITTEE
Park Director Blank stated the Open Space Committee has compiled a list of
sites that are 10 acres or greater in size for review. In order to effectively
evaluate these ties, it is necessary to collect very specific biological information
on each site. The Open Space Committee and Park & Recreation Advisory
Commission have recommended that the Council appoint an outside consultant
to prepare this environmental review work.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath,
to adopt RESOLUTION 94-267 APPOINTMENT OF ENVIRONMENTAL
SITE CONSULTANT.
Councilmember Lymangood asked if the number of potential sites has decreased
as of the last Open Space Committee meeting.
Director Blank stated the Committee has reduced the number of sites from 34 to
28.
Motion carried, seven ayes.
ITEM 8-E AMENDMENTS TO 1995 PLANNING BUDGET
Community Director Hurlburt requested that the Council amend the 1994
budget by allocating $5,200 of contingency funds to temporary salaries in the
planning budget, increasing the budget'from $5,200 to $10,400. She stated this
action is recommended in order to cover a staff shortage during a maternity
leave.
Manager Johnson stated that contingency funds and the funds designated for
delinquent taxes should be adequate to cover any general fund shortfall for the
year.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath,
to adopt RESOLUTION 94-268 GENERAL FUND BUDGET
ADJUSTMENT.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to table the remaining agenda items to May 16: Voting on items added to
Citp Council Minutes
May 2, 1994
Page 31
agendas at regular meetings, Accept 1994 First Quarter Financial Report, Appointment
to fill vacancy on Park and Recreation Advisory Commission, and Report on first
meeting of Subcommittee on State Auditor's Report.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adjourn the meeting at 12:05 p.m. -
P
Motion carried, seven ayes.
City Clerk