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HomeMy WebLinkAboutCity Council Minutes 06-06-1994MINUTES REGULAR COUNCIL MEETING JUNE 65 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 Boulevard, on June 6, 1994. PRESENT: Mayor Tierney, Councilmembers Edson, Anderson, Morrison, Lymangood, Helliwell, Granath ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Finance Director Hahn, Public Works Director Moore, Park Director Blank, Community Development Director Hurlburt, Property Management Coordinator Tabery, Assistant Finance Director Jacobson, Planning Supervisor Senness, City Attorney Barnard, and City Clerk Ahrens ITEM 3-A FORUM - REQUEST TO CLOSE EMERGENCY ACCESS IN GOLFVIEW ESTATES - COMSTOCK LANE Laura Witte, 4470 Comstock Lane, appeared on behalf of Joe Terhaar, 4465 Comstock Lane, and the residents of Golfview Estates regarding the emergency access from Comstock Lane to Old Rockford Road. She stated that Golfview Estates property owners were informed by the developer and builders that the berm would be filled in and was only a temporary construction access. Owners have not been informed that there is a proposed emergency access in this location. Residents are concerned with value of their lots and the safety of children. Community Development Director Hurlburt explained that Comstock Lane is a long cul-de-sac street in this location. As part of the plat approval, the developer was required to install an emergency access to mitigate the effects of that long cul- de-sac. Ms. Witte stated that to the residents' knowledge, this emergency access was not in the original plan. Public Works Director Moore stated that the Council thought that Comstock Lane should connect with County Road 9 at the time of the preliminary plat approval. However, the County would not allow that connection due to sight considerations. The approved final plat and the construction plans indicate the emergency access. It is proposed to be an 11' wide bituminous surface, with a barrier so that only emergency vehicles can access the roadway. Regular Council Meeting June 6, 1994 Page 2 Ms. Witte asked if there are other alternatives to opening this access. Director Hurlburt stated that there is an undeveloped parcel abutting this property. At some time in the future when the adjacent property develops, perhaps an alternate access could be provided. Councilmember Helliwell stated that the abutting property may not develop anytime soon. Councilmember Lymangood suggested that staff provide a report to the Council and affected residents for fixture discussion, to include the findings and reasons the emergency access was required. ITEM 4-A COMMEMORATE D-DAY INVASION Mayor Tierney asked residents to observe a moment of silence to commemorate the 50th anniversary of D -Day on June 6, ITEM 4-B PLYMOUTH MIDDLE SCHOOL CHESS TEAM Mayor Tierney presented a certificate of achievement to the Plymouth Middle School Chess Club who has had an extraordinary record of success at the state and national levels of competition. Carry Blaine, the Chess Club Advisor and Workshop Teacher, introduced the club members and stated this is the second year that the team has won the national chess tournament. ITEM 4-C 1993 AUDIT REPORT Assistant Finance Director Jacobson presented the 1993 Audit Report, and described the various City funds. He stated a significant event in 1993 was the refinancing of four outstanding bond issues. He introduced Steve Laible from KPMG Peat Marwick, the City's audit firm. Steve Laible, KPMG Peat Marwick, stated the Independent Audit Report on Legal Compliance indicates there were no items tested that indicate anything other than compliance with state law. The City's management and administration of federal funds are fairly presented, and fiscal management is done in accordance with internal control standards and federal government requirements. The opinion on the Comprehensive Financial Report indicates that the report presents fairly the financial condition of the City. Mr. Laible stated the City has a good ratio of liability to fund balance. He stated 1993 had a modest variance on revenues and Regular Council Meeting June 6, 1994 Page 3 expenditures, resulting in a $437,000 increase to fund balance. The Financial Advisory Committee will review the Audit Report at its next meeting. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-300 ACCEPTING THE 1993 FINANCIAL REPORT AND AUDIT. Motion carried, seven ayes. ITEM 5 APPROVE AGENDA Councilmember Lymangood requested that two items be added to the agenda: Item 9-1): Letter from Springsted, and Item 9-E: Article from League of Minnesota regarding bond fund decline that certain cities experienced. He wanted to clarify that Plymouth has no money invested in this fund. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to approve the agenda with the changes noted. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA Item 6-V was removed from the Consent Agenda and placed before the public hearing. Item 6-W was removed from the Consent Agenda and placed as Item 9- F. Councilmember Morrison did not remove these items from the consent agenda, but disclosed that with respect to Items 6-1, and 6-Q, her law firm has represented Ryan and Ameridata. However, no conflict of interest exists and she will be voting on them. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt the Consent Agenda as amended. Motion carried, seven ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to approve the minutes of the April 30 Council Study Session. Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 4 ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-302 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 20,1994. Motion carried, seven ayes. ITEM 6-C REALLOCATION OF 1994 CDBG FUNDS MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-301 RECOMMENDING REALLOCATION OF FISCAL YEAR 1994 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND FUNDS CARRIED OVER FROM PREVIOUS YEARS. Motion carried, seven ayes. ITEM 6-D MARVIN H. ANDERSON CONSTRUCTION COMPANY. PRELIMINARY PLAT FOR FERNBROOK WOODS 2ND ADDITION (94018) MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-303 APPROVING PRELIMINARY PLAT FOR MARVIN H. ANDERSON CONSTRUCTION COMPANY FOR PROPERTY LOCATED WEST OF FERNBROOK LANE AT SCHMIDT LAKE ROAD (94018). Motion carried, seven ayes. ITEM 6-E HENRY LAZNIARZ. PRELIMINARY PLAT (94028) MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-304 APPROVING PRELIMINARY PLAT FOR HENRY LAZNIARZ FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 6 AT YELLOWSTONE LANE (94028). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt ORDINANCE 94-11 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF COUNTY ROAD 6 AT YELLOWSTONE LANE (94028). Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 5 ITEM 6-F SUPERIOR FORD, INC. CONDITIONAL USE PERMIT AMENDED SITE PLAN AMENDMENT AND VARIANCE (94033) MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-305 APPROVING SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT AMENDMENT FOR SUPERIOR FORD, INC., FOR PROPERTY LOCATED AT 9700 56TH AVENUE NORTH (94033). Motion carried, seven ayes. ITEM 6-G CIMARRON EAST HOMEOWNER ASSOCIATION. AMENDED PUD PLAN AND CUP (94036) MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-306 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CIMARRON EAST HOMEOWNERS ASSOCIATION FOR PROPERTY LOCATED AT 19TH AVENUE NORTH, WEST OF FERNBROOK LANE (94036). Motion carried, seven ayes. ITEM 6-H WILLIAM AND SHERYL HIPPE. AMENDED PUT PLAN AND CUP 94038 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-307 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR WILLIAM AND SHERYL HIPPE FOR PROPERTY LOCATED AT 17305 5TH AVENUE NORTH (94038). Motion carried, seven ayes. ITEM 6-I TOLD DEVELOPMENT CO. AMENDED MPUD PRELIMINARY PLAN, PUD FINAL PLAN AND CUP (94042) MOTION was made by Councilmember Anderson, seconded by Councibnember Helliwell, to adopt RESOLUTION 94-308 APPROVING MPUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR TOLD DEVELOPMENT COMPANY FOR NORTHWEST BUSINESS CAMPUS LOCATED AT THE NORTHEAST CORNER OF NORTHWEST BOULEVARD AND CAMPUS DRIVE (94042). Regular Council Meeting June 6, 1994 Page 6 Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-309 APPROVING MPUD FINAL SITE PLAN FOR TOLD DEVELOPMENT COMPANY FOR NORTHWEST BUSINESS CAMPUS LOCATED AT THE NORTHEAST CORNER OF NORTHWEST BOULEVARD AND CAMPUS DRIVE 94042). Motion carried, seven ayes. ITEM 6-H HOLIDAY COMPANIES. PRELIMINARY PLAT, CUP SITE PLAN AND VARIANCES (93100) MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-310 APPROVING PRELBVHNARY PLAT AND VARIANCE FOR HOLIDAY COMPANIES FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH SHORE DRIVE AND HIGHWAY 55 (93100). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-311 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AND VARIANCE FOR HOLIDAY COMPANIES FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH SHORE DRIVE AND HIGHWAY 55 (93100). Motion carried, seven ayes. ITEM 6-K HARSTAD FORBRAGD. MPUD FINAL PLANIFINAL PLAT FOR SUGAR HILLS 3RD ADDITION (94044) MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-312 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR HARSTAD HOMES INC. FOR MIXED PLANNED UNIT DEVELOPMENT FOR "SUGAR HILLS 3RD ADDITION" LOCATED AT 36TH AVENUE NORTH AND COUNTY ROAD 9 (94044) (MPUD 92-1). Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 7 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-313 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR IIARSTAD HOMES INC. FOR SUGAR HILLS 3RD ADDITION LOCATED AT THE INTERSECTION OF 36TH AVENUE NORTH AND COUNTY ROAD 9 (94044) (MPUD 92-1). Motion carried, seven ayes. ITEM 6-L RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-314 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION FOR PROPERTY LOCATED AT 10200 51ST AVENUE NORTH (87005). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-315 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR AMERIDATA INC., FOR PROPERTY LOCATED AT 10200 51ST AVENUE NORTH (91088). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-316 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL DISTRICT 284 FOR PROPERTY LOCATED AT 17430 COUNTY ROAD NO. 6 (91008). Motion carried, seven ayes. ITEM 6-M RELEASE OF TREE PRESERVATION AGREEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-317 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR ROCKFORD ESTATES FOR PROPERTY LOCATED WEST OF XENHJM LANE AND 36TH AVENUE NORTH (93008). Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 8 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-318 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR HEATHER RUN FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD NO. 101 AND COUNTY ROAD NO. 24 92035). Motion carried, seven ayes. ITEM 6-N APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-319 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS, COUNTY ROAD 24/MEDINA ROAD IMPROVEMENTS - PHASE H, CITY PROJECT NO. 031. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-320 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1994 CRACK REPAIR. Motion carried, seven ayes. ITEM 6-0 ORDER PRELIMINARY ENGINEERING REPORT FOR PROJECT NO. 415 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-321 RECEIVE PETITION AND ORDERING PREPARATION OF PRELIMINARY REPORT, WEST BRANCH 3RD ADDITION - STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 415. Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 9 ITEM 6-P APPROVING OFF -SYSTEM EXPENDITURES OF STATE AID FUNDS FOR MEDINA ROAD/COUNTY ROAD 24 - PHASE H, PROJECT 031 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-322 REQUESTING OFF -SYSTEM USE OF STATE AID FUNDS, C.S.A.H. 24, S.A.P. NO. 155-020-05, CITY PROJECT NO. 031- PHASE H. Motion carried, seven ayes. ITEM 6-O PAYMENT NO. 3 FOR NW -17 SANITARY SEWER PROJECT 040 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-323 REQUEST FOR PAYMENT NO. 3 AND FINAL REVISED, NW -17 SANITARY SEWER, CITY PROJECT NO. 040. Motion carried, seven ayes. ITEM 6-R AWARD CONTRACT FOR TRACTOR BACKHOE/LOADER MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-324 AUTHORIZING PURCHASE OF TRACTOR BACKHOE/LOADER. Motion carried, seven ayes. ITEM 6-S AGREEMENT WITH MNDOT AND HENNEPIN COUNTY FOR TRAFFIC CONTROL SIGNALS. PROJECT 210 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-325 TRAFFIC SIGNAL AGREEMENT, HIGHWAY 55 AT COUNTY ROAD 61 AND FERNBROOK LANE, CITY PROJECT NO. 210. Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 10 ITEM 6-T DISPOSITION OF PARCEL, PROJECT 310 MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-326 DECLARING PROPERTY SURPLUS AND AUTHORIZING CONVEYANCE OF THE SURPLUS PROPERTY TO THE ADJOINING LAND OWNER, CITY PROJECT NO. 310. Motion carried, seven ayes. ITEM 6-U SELL LUCE LINE TRAIL SEGMENT TO HENNEPIN PARKS MOTION was made by Councilmember Anderson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-327 DECLARING SURPLUS PROPERTY AND AUTHORIZING CONVEYANCE OF SURPLUS PROPERTY TO HENNEPIN COUNTY PARKS. Motion carried, seven ayes. ITEM 6-V ORDER FEASIBILITY REPORT FOR 1994 TRAIL IMPROVEMENT PROJECT Councilmember Helliwell stated the northerly portion of Plymouth on both sides of I-494 needs additional trails. Park Director Blank stated the staff is currently working with Hennepin County to consider alternatives for providing a trail along County Road 47. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 94-328 ORDERING FEASIBILITY REPORTS ON TRAIL PROJECTS. Motion carried, seven ayes. ITEM 7-A PUBLIC HEARING ON CITY CENTER EXPANSION PROJECT Assistant Manager Lueckert presented the staff report on the proposed City Center expansion project. The project will be on the June 20 Council agenda for a determination of how to proceed. Mayor Tierney opened the public hearing at 7:46 p.m. on the proposed City Center expansion project. No one appeared, and the hearing was closed. Regular Council Meeting June 6, 1994 Page 11 ITEM 7-B VACATION OF EASEMENT IN PARKERS LAKE NORTH CORPORATE CENTER Public Works Director Moore recommended that the Council authorize the 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 Outlet A and Lot 1, Block 1, Parkers Lake Corporate Center Addition. Councilmember Morrison disclosed that her law firm has represented as a client parties against Mr. William Hicks and United Properties. However, she was not personally involved and this does not present an impermissible conflict of interest. She will be voting on the issue. Mayor Tierney opened the public hearing at 7:38 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-329 AUTHORIZING THE 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, PARKERS LAKE CORPORATE CENTER ADDITION. Motion carried, seven ayes. ITEM 8-A CAPITAL IMPROVEMENT PROGRAM 1994-1998 Public Works Director Moore presented the proposed Capital Improvement Program (CIP) for 1994-1998. He said the purpose of the CIP is to provide the schedule and funding necessary to implement the City's Comprehensive Plan. It is not a binding document, but rather a planning tool. Each project included in the CIP would require further approvals of the Council before moving forward. The Planning Commission recommended adoption of the 1994-1998 CIP with the following amendments: 1) Eliminate the Zachary Lane Corridor Study; 2) Mandate that Zachary Lane remain a two lane roadway with the addition of trails or sidewalks and with turning lanes if future engineering studies indicate that safety would be improved; and 3) Advance the Zachary Lane projects in the CIP by one year with the exception that the southerly section be linked to Hennepin County parks funding. Councilmember Morrison stated there was some discussion at the public hearing of delaying 25th Avenue reconstruction, and she asked about the cost of delaying that project. Regular Council Meeting June 6, 1994 Page 12 Director Moore explained that 25th Avenue is included in the 1994 Street Reconstruction Program, which will be discussed later on the agenda. He stated that in December the Council approved the Street Reconstruction Project for 1994. The Council could amend that previous action. Adoption of the CIP will not bind the Council to approving the Reconstruction Program. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-330 ADOPTION OF 1994-1998 CAPITAL IMPROVEMENTS PROGRAM, with the following changes as recommended by the Planning Commission: 1) Eliminate the Zachary Lane Corridor Study; 2) Mandate that Zachary Lane remains a two-lane roadway with the addition of trails or sidewalks; and 3) Advance the Zachary Lane projects in the CIP by one year. Councilmember Lymangood expressed concerns about the proposed Xenium Lane connection to Northwest Blvd. Councilmember Edson concurred and stated that he is also concerned about it being included for 1994 construction. He is concerned about two streets having access to Northwest Blvd. because they are close together, with no traffic lights, and in close proximity to County Road 9. Director Moore stated this was included in 1993, but delayed to 1994 due to right- of-way acquisition issues. He stated pending traffic studies are due by the beginning of July and additional information will be available to the Council at that time. Councilmember Lymangood asked if the Council could eliminate that connection now. Director Moore stated the Planning Commission would hold a public hearing on amending the Thoroughfare Guide Plan. He stated the Council could eliminate it from CTP for 1994, and as additional information is received, the Council could decide when to construct. MOTION to amend was made by Councilmember Edson, seconded by Councihnember Anderson, to delete the Xenium Lane connection to Northwest Blvd. in 1994 and to move it to 1998. Councilmember Helliwell expressed concerns about taking this action without receiving the traffic reports. Regular Council Meeting June 6, 1994 Page 13 Councilmember Edson responded that in less than a year the Council will consider the next CIP and it can be moved to another year at that time. He stated this action would not preclude the City from considering it this year. Councilmember Helliwell asked what the traffic study will include. Manager Johnson responded that the study will discuss the impacts on area streets of doing the connection and of not doing the connection. Director Moore stated the study will also consider the future impact of the medical complex under development and at full development. Councilmember Helliwell stated she would support tabling this project for additional discussion, but will not support moving the project to 1998 in the CIP. Councilmember Edson stated the intent of his motion is that the project should not be completed in 1994. When considering a future CIP, the Council can determine when it is appropriate and address it before 1998 if desired. Councilmember Morrison supported the concerns about tabling the project indefinitely. She suggested scheduling it in the CIP for 1995 or 1996. Councilmember Helliwell stated that residents deserve to know what will occur. Motion to amend carried: Edson, Anderson, Lymangood, and Tierney ayes; Morrison, Helliwell, and Granath nays. MOTION to amend was made by Councilmember Morrison, seconded by Councilmember Lymangood, to table the inclusion of the 25th Avenue project in the 1994 Street Reconstruction Program for discussion with Item 8-D. Motion to amend carried, seven ayes. Richard Bloom, 14600 Woodruff Road, Wayzata, represented Weston Corporation. He stated that he was concerned that the westerly extension of Schmidt Lake Road west of Vicksburg Lane was dropped from this CIP even though it was slated for construction in 1995 in last year's adopted CIP. He stated they petitioned for an alignment study for this extension on March 3, 1993, which was to be completed by December, 1993. Mr. Bloom stated he is not asking the City to build the road, but simply to make the necessary decisions so they can proceed with their planning. Director Moore stated the Council has directed an alignment study be done on Schmidt Lake Road. This study will be completed in the near future. There is no Regular Council Meeting June 6, 1994 Page 14 proposed construction in this area, but the alignment needs to be decided by the Council for fixture development proposals. Mayor Tierney noted that the Ninth Playfield is slated for acquisition in 1994, and development in 1995 and 1996. She asked if this is irrespective of what School District 284 does with the adjoining land. Mark Milberger, 11035 36th Place North, thanked the Council and Planning Commission for their changes to the proposed Zachary Lane portions of the program. Cathy Challman, 10705 56th Avenue North, stated concerns that there will be more traffic on Zachary Lane between County Roads 9 and 10. She stated that there are a lot of wetlands in that area, and a four -lane roadway would divide this neighborhood and make it difficult for residents to access some of the amenities in their neighborhood. Manager Johnson clarified that the current motion before the Council would mandate two -lanes for the entire length of Zachary Lane, with the possibility of turn -lanes where warranted. The main motion as amended two times carried, seven ayes. ITEM 8-B LAUKKA WILLIAMS PARKERS LAKE. AMENDED PUD PRELIMINARY PLAN, C.U.P.. AND VARIANCE (94032) Planning Supv. Senness introduced the request of Laukka-Williams Parkers Lake for MPUD Preliminary Plan and Plat, Conditional Use Permit, and Variance for the Parkers Lake North 11th Addition and amendment to Parkers Lake North 10th Addition located at the northeast corner of Vicksburg Lane and Shenandoah Lane. She stated the development of 41 single family detached lots is proposed, along with the addition of four units to Lot 5, Block 1, Parkers Lake North 10th Addition. The variance is requested for a cul-de-sac length of 890 feet, which is in excess of the 500 foot standard. She explained that this project is part of the overall Parkers Lake Planned Unit Development and that one of the purposes of the PUD is to create a unique development. The type of small lot singe family housing in unique in Plymouth. The previously approved single-family portion of Parkers Lake North is also on a cul-de-sac that is approximately 1,300 feet in length, and it includes an emergency access fire lane as a second means of access for emergency vehicles. In addition, the Parkers Lake Planned Unit Development is made up of several different types of housing -- single family, townhome, apartment, and carriage house units. So Regular Council Meeting June 6, 1994 Page 15 far, each housing type has been approved without direct access into the immediately adjacent housing area. She stated that the City Code requirements and City policy regarding street frontage is to require individual lots to have frontage on a public street. If the developer would have to hold to the strict letter of the Subdivision Code and City Policy for public street frontage and the length of the cul-de-sac, it is doubtful that this type of housing project could be built on this site. She described the variance standards and stated that staff finds that this request meets all of the required conditions for a variance. Councilmember Granath referred to the size of the single family lots, and asked staff to comment on the statement that "This type of small lot single family housing is unique in Plymouth." Supv. Senness explained that the standards require a lot of about 18,000 sq. ft. The lot sizes proposed are 4,000 to 7,000 sq. ft. This is a product that is not available in other parts of the City. Councilmember Lymangood asked about the location of the emergency access. Director Moore stated the emergency access connects to the parking area of the adjacent development to the south, and wetlands are to the north of the site. Larry Laukka, represented Laukka Development Company. He stated the emergency access is consistent with the one built in the first phase of the Parkers Lake PUD. The wetland in the northeast area is part of this development and he noted there is a problem because the trail will have to cross the wetland. He suggested that the wetland area could be deeded to the City, with trails relocated southerly. Mr. Laukka stated this development proposal is consistent with the original concept for this PUD, and the emergency access will be maintained as a 7 - ton roadway. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-331 APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF VICKSBURG LANE AND SHENANDOAH LANE (94032). Motion carried: Edson, Anderson, Morrison, Granath, Tierney ayes; Lymangood and Helliwell nays. Regular Council Meeting June 6, 1994 Page 16 Councilmember Lymangood explained that he favors the flexibility with the small lots, but has concerns with long cul-de-sacs. Councilmember Helliwell stated she objects to the long cul-de-sac and does not believe it is a good, safe design. ITEM 8-C COMPUSITE. VARIANCE AND SITE PLAN AMENDMENT (94031) Planning Supv. Senness presented the staff report on the request of Compusite for a variance at 2050 Merrimac Lane North to increase the impervious coverage from 50.09 percent to 53 percent to allow for the construction of seven additional parking spaces. She stated that, other than the applicant, no one was present at the public hearing. The Planning Commission had concerns that this was a variance on top of a previous variance. They stated that the parking problems on the site are a result of the tenants in the building rather than City Code requirements, since the site meets the City parking requirements and already exceeds the impervious coverage requirements. Councilmember Helliwell stated she also has concerns that this would be a variance on top of another variance. Jim Brand], 11035 37th Avenue North, represented Wayzata Public Schools. He stated they have just completed one year in this building. He has worked with the other building tenants to avoid having clients park in the streets, particularly during the winter. He stated the school district is required by state law to have handicapped parking available, and he requested approval of the variance so they can continue to provide safe access from the parking area to the building. Mayor Tierney asked Mr. Brandl to address the belief of some of the Planning Commissioners that this request is driven by tenant use. Mr. Brandl stated the building is used for an early childhood and parenting program that serves 400 children and parents. He stated they have varied the program in order to still serve the clients and help alleviate the parking problem. He stated the program has grown, and there is an option to more the program to another building in the future. Councilmember Helliwell asked where clients are currently parking. Mr. Brand] responded that some are parking on Merrimac Lane. Mr. Meul, a representative of Compusite, stated the variance would allow the expansion of the parking area from 54 to 61 stalls. The increase in impervious surface would be only an additional 2.9 percent. He stated that part of the increase Regular Council Meeting June 6, 1994 Page 17 would be for added handicapped parking. They currently meet the code on the required number of handicapped stalls, but need an additional stall so there is handicapped parking on both levels of the building. He stated the additional parking stalls would eliminate the need to park vehicles on Merrimac Lane, which area residents would support. Mayor Tierney asked if he believes this variance request is tenant -driven, and if the school district moves, will be parking problem remain? Mr. Meul believes that the problem will remain as long as there is full occupancy of the building. Councilmember Lymangood stated that this entire issue could be resolved if the school district moves to another building as the result of the bond referendum vote tomorrow. He suggested that the issue be tabled. He is concerned about setting a precedent by granting a variance to further increase the impervious surface. He also concurs with the Planning Commission Chairperson's comments at the public hearing that Items 1, 2, and 4 of the Variance requirements have not been met. Councilmember Helliwell asked what the school district would do if the bond referendum fails and they are unable to move out of the leased space immediately. Mr. Meul stated he has received a letter of intent from the school district to lease this space for another year. Mayor Tierney stated this particular use of the building by the school district may be excessive for the area, and it may not be necessary to approve this request since on -street parking is available. Mr. Meul stated one adjacent property owner has contacted the City about installing "No Parking" signs on Merrimac Lane, and there are "No Parking" signs further south on Merrimac Lane. Councilmember Granath asked about the consequences to the applicant if this request is denied. Mr. Meul responded it would be a severe inconvenience to him and to clients of the building. He stated the building staff and early childhood staff are currently parking in the street. Councilmember Edson stated he is concerned that a variance has already been granted and this is a building with a lease situation. He stated it may be different if there was a single purpose use of the building by the owner. He believes that approving the variance request could set a bad precedent. Regular Council Meeting June 6, 1994 Page 18 In response to a question by Mayor Tierney, Public Safety Director Gerdes stated he has not received complaints on the parking. He stated the impact to driveways is probably the reason for the "No Parking" designation further south on Merrimac Lane. He believes there is no public safety need for "No Parking" signs to be installed in this location at this time. Mayor Tierney noted that the clinic across the street from this site has available parking, and she suggested that the applicant could contact them as another possible alternative to on -street parking. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-332 DENYING SITE PLAN AMENDMENT AND VARIANCE FOR COMPUSITE FOR THE MERRIMAC PROFESSIONAL BUILDING FOR PROPERTY LOCATED AT 2050 MERRIMAC LANE NORTH(94031), with the correction in Paragragh 2 to indicate the correct Zoning District as B-3. Motion to deny carried: Edson, Morrison, Lymangood, Helliwell, and Tierney ayes; Anderson and Granath nays. ITEM 8-D 1994 STREET RECONSTRUCTION PROGRAM, PROJECT 401 Public Works Director Moore presented the staff report on the 1994 Street Reconstruction Project. The project involves the reconstruction of 27th and 28th Avenues south of Highway 55, east of Niagara Lane and west ofFernbrook Lane; and all streets between 25th Avenue, 30th Avenue west of Dunkirk Lane and generally east of Merrimac Lane, and also 25th Avenue between Dunkirk Lane and County Road 101. He explained that the overall program includes subgrade correction, crack filling, bituminous overlays, and partial reconstructionirepair of concrete curb and gutter, as well as the addition of concrete curb and gutter on a portion of 25th Avenue. He stated that the project was authorized by the Council on December 6. The only portion of the project where comments were received were on the 25th Avenue improvements and concerns relating to traffic. This serves as a minor collector street for this area, and the condition of 25th Avenue indicates reconstruction is needed in order for the street to serve its purpose and for the City not to waste maintenance dollars. Two additional public information meetings were held with residents of the 25th Avenue area in May, and speed humps are no longer proposed. Director Moore stated the staff recommendation is that the entire program be approved, including 25th Avenue. Staff further proposes that two additional all -way stop signs be installed at Garland Lane and 25th Avenue and at Olive Lane and 25th Avenue. This is also an active traffic enforcement area as previously directed by the Council. Regular Council Meeting June 6, 1994 Page 19 Councilmember Lymangood stated one of the issues relating to 25th Avenue was when County Road 101 would be reconstructed. Director Moore stated that County Road 101 is in the City's CIP for 1997, which is the same year Hennepin County has indicated it in their CIP. The County has informed the City that the project may be delayed to a later year. Director Moore stated that no matter what the County does on the County Road 101 construction, it will have no major impact on the 25th Avenue project. The City is proposing only to construct to the right-of-way at County Road 101. Councilmember Helliwell asked about the Street Reconstruction Assessment Policy. Director Moore responded that if the Council decides to move ahead with the project, there will be a later assessment hearing. The estimated assessments are based on the City's 70/30 reconstruction program assessment policy, where 70 percent of the overall program cost is paid by the City and 30 percent of the program cost is assessed to benefited properties. The cost for concrete curb and gutter is an added value to the property and the full cost is assessed against the property. The cost for concrete curb and gutter is currently estimated at $8 per foot; however, the final cost is typically about $7 per foot. Director Moore cited several examples of other reconstruction projects where residents were assessed for the entire cost of new concrete curb and gutter. Councilmember Morrison asked which properties would be assessed and the estimated amount of the proposed assessment. She also asked how bituminous curb would be assessed. Director Moore responded that the properties to be assessed were established as part of the public improvement hearing, but generally are properties along 25th Avenue. He stated that bituminous curb is included as part of the overall program, and the cost is included in the estimated assessment of $900 per single family lot. Councilmember Morrison asked how this program relates to the funding sources noted in the CIP. Director Moore stated the funding source for the reconstruction project is 368,500 of special assessments, and $1,359,674 from the infrastructure replacement fund. The amount shown in the CIP also includes Vicksburg Lane. He stated that over half the length of 25th Avenue is complete reconstruction so a substantial portion of the project cost relates to this area, rather than other portions of the project that are only overlay. City maintenance costs are discussed in the overall purpose of the program. Regular Council Meeting June 6, 1994 Page 20 Councihnember Morrison asked why concrete curb and gutter is recommended over bituminous curbing. Director Moore stated that concrete is more stable and will provide a better drainage system. Vertical concrete curb works well for this project because the driveway locations are known, and it will keep vehicles in the roadway rather than parking on a surmountable curb. Councihnember Morrison asked if there have been recent projects approved using bituminous curbing. Director Moore stated that no new developments have been approved with bituminous curbing in the past 15 years. As part of the street reconstruction program, the Ivanhoe Woods area has concrete curbing. Only one reconstruction area immediately west of this area and across County Road 101 was reconstructed with bituminous curbing. Following the project, staff received calls from residents complaining about the standing water on the street and lack of drainage. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to adopt RESOLUTION 94-333 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1994 STREET RECONSTRUCTION PROJECT - PART I, CITY PROJECT NO. 401, and RESOLUTION 94-334 INSTALLATION OF STOP SIGNS at Olive Lane and 25th Avenue, and at the north intersection of Garland Lane with 25th Avenue. Mayor Tierney stated the 25th Avenue project has been discussed for a long time. Since the City pays 70 percent of the project cost, she believes that concrete curb and gutter should be installed as standard to ensure that projects will hold up. Also, a portion of 25th Avenue already has concrete curb and gutter, and this would provide for a uniform roadway. In her neighborhood, bituminous curb and gutter did not work well. She believes the biggest problem on 25th Avenue is the traffic, and the City has considered various options. She believes a trail is desirable, but will support the wishes of the neighborhood. Brian Stevens, 17640 25th Avenue North, stated that the City characterizes 25th Avenue as a traffic issue, but it is a safety issue. He stated the traffic study was conducted in November and vehicles were exceeding the speed limit on average by 25 percent. Mr. Stevens stated the residents' interest with the County Road 101 reconstruction schedule is that if the new high school is constructed and additional development occurs, 25th Avenue will have additional traffic until County Road 101 is reconstructed. He stated residents would like a moratorium until it is determined when the County Road 101 reconstruction will be done. However, if the project moves ahead, they want to retain the bituminous surfacing with stop Regular Council Meeting June 6, 1994 Page 21 signs at every intersection. Area residents believe that concrete curb and gutter will result in drivers cutting through this neighborhood. Cathy Koyonen, 17505 25th Avenue North, stated that concrete curb and gutter will be damaging to the properties. She believes that it would result in a street similar to Vicksburg Lane, County Road 6, or County Road 101. If concrete curb and gutter is required, she does not believe that an established neighborhood should be assessed 100 percent of the installation cost. Sue Pretzel, 17410 25th Avenue North, stated her concern is the safety of children in this area. She lives near the existing stop sign and it is not a deterrent as vehicles do not stop. She supports a portion of the cost of concrete curb and gutter being paid by the City because this is an existing neighborhood with bituminous curb, and there is no need for concrete curb. John Messen, 17330 25th Avenue North, stated he has lived in the neighborhood for nine years. He believes the project is a good idea, but the timing is bad. He requested a moratorium on this project because the combined increased traffic and the improvement will result in a less safe situation. He believes that the additional stop signs may help, but he is concerned about additional traffic using 25th Avenue from County Road 101. Councihnember Granath asked it is the volume of traffic, as well as the speed, that is of concern to the neighborhood. Mr. Messen responded yes. Bob Ulwelling, 17620 25th Avenue North, stated he doesn't care about the cost or the traffic - only the safety of the children in this neighborhood. He stated this is a substandard street with no curb or striping, and with pot holes and deteriorating blacktop. He would appreciate a stop sign at the Olive Lane and 25th Avenue intersection, and he believes there should be a stop sign at each intersection. He stated the speed study was not accurate as it was conducted during Thanksgiving Week when children were out of school and many people were on vacation. He stated that vehicles are already excessively speeding and will go faster after reconstruction. Mayor Tierney stated that the motion includes installation at both of the two intersections on this portion of 25th Avenue. The other intersections are T intersections or cul-de-sacs. She stated that this issue will also be reviewed in one year to determine if other intersections should be considered. Mr. Ulwelling suggested that stop signs be installed at each intersection now and considered for removal after one year if not needed. Regular Council Meeting June 6, 1994 Page 22 Councilmember Granath asked if there is a practical alternative to not proceeding with the project now, or will the same project be considered next year. Director Moore stated that the street reconstruction program is unrelated to the traffic and safety issues. The street is currently in disrepair with potholes and standing water. He stated that the traffic study show there are only about 11 percent through trips, so the speeding is largely being done by area residents. If the reconstruction project is not done, the City will have to continue putting extraordinary maintenance dollars into the street because the City cannot ignore the street condition for liability reasons. Councilmember Morrison asked about the posted speed limit. Director Moore stated the speed limit is posted on 25th Avenue just off of Dunkirk Lane and off of County Road 101, as well as once in between. It is also posted as an Accident Prevention Area on both ends. He stated that if there were a marked bikeway on both sides of the street, then the City could establish the speed limit as 25 mph, and this would also result in no parking on the street. This was not acceptable to the neighbors. Councilmember Helliwell asked if other streets in the neighborhood have concrete curb and gutter. Director Moore stated the Shiloh development has all concrete curb and gutter, as well as portions of 25th Avenue. Only this portion of 25th Avenue and some of the older side streets do not have curb and gutter. Councilmember Lymangood asked if the traffic study was conducted in more than one area of the street. Director Moore responded it was conducted on the westerly and easterly end of 25tb Avenue. He stated that the 85th percentile speed was 37 mph at both sites, regardless of the curb type. Councilmember Lymangood thanked residents for mentioning that the traffic study was done during a holiday week. He doesn't believe it is a reliable measure of through traffic. He asked if there is another approval required if the project moves forward tonight. Director Moore stated the Council would need to approve the bid for the entire project. Regular Council Meeting June 6, 1994 Page 23 Councilmember Lymangood favored review of the traffic issue in two or three months, rather than waiting for one year to determine the impact of the new stop signs. Mayor Tierney stated that the Council order another traffic study and reassess this issue in six months. MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Anderson, to add that a report be provided two months after completion of the reconstruction project and the review is to include a traffic study to be conducted after construction. The traffic study is to be conducted during a regular business and school week on a Tuesday through Thursday. Motion carried, seven ayes. Motion was made by Councilmember Morrison, seconded by Councilmember Helliwell, to divide the motion and vote on the resolutions separately. Councilmember Morrison explained that she believes the two resolutions are separate issues, and that stop signs could be installed whether or not the project is ordered. Motion for division carried; Edson, Lymangood, Morrison, Granath, and Helliwell ayes; Anderson and Tierney nays. The Council considered the motion adopting Resolution 94-333 approving the plans and specifications and ordering advertisement for bids for the 1994 Street Reconstruction Project. MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Morrison, to substitute Alternate 2 for Alternate 1 which would eliminate 25th Avenue from the 1994 Street Reconstruction Project. Councilmember Helliwell stated that residents know their own neighborhood best. She said it is obvious from the public hearing and informational meetings that residents do not want concrete curb and gutter. Councilmember Lymangood stated that although residents believe the concrete curb and gutter would contribute to the speeding, the City's previous traffic study showed no difference in speed based on the curb type. Councilmember Morrison stated the Council should first decide whether to include 25th Avenue in the reconstruction project. She would favor eliminating it from the 1994 Project in order to study the issues. Regular Council Meeting June 6, 1994 Page 24 Councilmember Anderson stated that it would not be wise to delay an entire project or to not reconstruction only one street in an area. All streets should be done in an area for efficiencies and cost savings. He said that concrete curb and gutter does not cause traffic to go faster. Speed limits, stop signs, and public awareness will help decrease speed. Mayor Tierney agreed and stated that addressing safety is a separate issue. Concrete curb is an aesthetic and water quality issue. Motion to substitute carried: Morrison, Lymangood, Helliwell, and Granath ayes; Edson, Anderson, and Tierney nays. In response to questions by Councilmember Lymangood, Director Moore stated that if 25th Avenue is removed from the project, it would probably be recommended for reconstruction at the time the streets to the south of this area are proposed for reconstruction. Until that time, the City will have increased maintenance costs on 25th Avenue. Councilmember Edson asked about the cost difference in delaying the project. Director Moore stated the cost will probably be greater than 10 percent if delayed, and the City pays 70 percent of the cost under the reconstruction program. He said the cost of curb will likely remain the same. Councilmember Lymangood said the speeding and reconstruction issues appear to be separate. If the project is going to be done, the greatest efficiency will be achieved by doing it at the same time as other streets in the same area. Councilmember Edson said the City needs to address the speeding issue in a proactive manner but as a separate issue. Since the City is paying 70 percent of the cost of the street reconstruction program, it is important that street standards are met. In addition to an aesthetic issue, there is importance in lowering the maintenance costs and achieving storm water runoff through the use of concrete curb. Motion to adopt the 1994 Street Reconstruction Project without 25th Avenue failed: Morrison, Helliwell, and Granath ayes; Edson, Anderson, Lymangood, and Tierney nays. Regular Council Meeting June 6, 1994 Page 25 MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 94-333 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1994 STREET RECONSTRUCTION PROJECT - PART I, CITY PROJECT NO. 401, to include 25th Avenue. Motion to amend was made by Councilmember Morrison to substitute bituminous curb rather than concrete curb and gutter for 25th Avenue. Motion failed for lack of a second. Main motion carried: six ayes; Morrison nay. The Council next considered the resolution approving installation of stop signs. Motion carried, seven ayes. Mayor Tierney called a 5 minute break. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to include the 25th Avenue reconstruction in the Capital Improvements Program as proposed. Motion carried, six ayes; Morrison nay. ITEM 8-E APPROVAL OF SETTLEMENT AGREEMENT, CITY V CAVANAUGH, PROJECT 103 MOTION was made by Councilmember Granath, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-335 SETTLEMENT AGREEMENT, CITY VERSUS CAVANAUGH, ET AL, CITY PROJECT 103. Motion carried: six ayes; Anderson nay. ITEM 8-F ACQUISITION OF ESS PROPERTY NEAR SCHMIDT LAKE ROAD AND I-494 Public Works Director Moore stated that last year the City Council was approached to purchase the Ess property located west of I-494 and south of Schmidt Lake Road. The City's Thoroughfare Guide Plan shows an interchange at I-494 and Schmidt Lake Road, and the southerly portion of the property is designated as parkland. There are wetlands in the southern and northern portions Regular Council Meeting June 6, 1994 Page 26 of the Ess property. He stated that the Council authorized obtaining an appraisal on the property, and that appraisal was presented to the property owner. Staff recommends proceeding with the acquisition of the property in the appraisal amount of $549,000. The property owner is requesting more than the appraisal amount for the parcel, and he recommended that the City wait until there is a need to acquire the property either for construction of I-494 or for the park area. He stated that no wetland delineations have been done on the site. The site access would have to be along a narrow strip to Schmidt Lake Road. Mayor Tierney asked what the City would intend to do with the middle portion of the site, and why the City is considering purchase of the entire site. Director Moore stated it could be combined with the parkland area or incorporated as part of the Fluidyne property. It is guided industrial. He stated that the property owner requested that the City purchase the entire site. He also noted that if the I-494 and Schmidt Lake Road interchange in approved in its proposed location, the access to the site would not be an option. Councilmember Morrison asked if the Open Space Committee has reviewed this site since there are many wetlands and a large portion is proposed for parkland. Park Director Blank responded that this area is already in the park plan as a natural preserve, and is shown in the Comprehensive Plan as future park property. Councilmember Lymangood stated he supports proceeding with acquisition of the park portion of the property, but has severe concerns about the Schmidt Lake Road/I-494 interchange. Director Moore stated he believes it will be difficult to justify the need for an interchange at this location. Also, the preliminary layout for the interchange shows there are wetlands in three of the four quadrants, and the most favorable design showed a ramp in the northerly portion of the property. The alternate access to this property would be through the Fluidyne property. Larry Liles, 4401 Robin Avenue North, Robbinsdale, represented John and Florence Ess, Bud and Marian Ess, and Harold Hjytan. He stated this issue initially came before the Council when Lundgren Bros. Construction was proposing development to the west. The plan included no access to the Ess property because the developer argued it would not be desirable to have industrial traffic from the Ess property going through the residential neighborhood. He stated there are also tremendous physical constraints of building the access to Schmidt Lake Road. He stated that when he reviewed the appraisal, he questioned whether the appraiser had considered the constraints placed on the Ess property, Regular Council Meeting June 6, 1994 Page 27 such as inclusion of the park in the Comprehensive Plan and the potential interchange. If both of these were done, there would be very little property left and few options, except to combine with the Fluidyne property. He stated that developers have indicated that it will be difficult for the Ess property to be sold with the issues of the pending parkland and interchange. A developer would have to put forward significant amount of money to propose a development with the possibility that it could be denied. Mr. Liles stated he agrees with the appraiser's square foot value of the property. The difference was in the cost of the roadway and utilities to the developable portion of the site. He does not believe the appraiser considered the property constraints and steep slope. Mr. Liles stated there should be some consideration for City purchase of the Ess property because access was denied with approval of the abutting Lundgren Bros. plat. He suggested a negotiation to split the difference in price, resulting in an amount of 625,000. In response to a question by Councilmember Edson, Mr. Liles stated the Ess' have owned this property for 15 years. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to concur with City staff recommendations that the City's offer to purchase the Ess property is $549,000. Mr. Liles stated that of the 24+ acres that were purchased to the south of this site, only six acres were developable. The City paid $198,000 for that property. He believes the City has a legal obligation to ensure that approval of an adjacent development does not have a negative impact on abutting parcels. MOTION was made by Councilmember Granath, seconded by Councilmember Lymangood, to move the previous question. Motion carried, seven ayes Main motion carried, seven ayes. ITEM 9-A GEESE RELOCATION PROGRAM MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to authorize the Director of Public Safety to enter into a fixed-price contract with the University of Minnesota for Canada Goose Population Management in the amount of $6,000. Motion carried, seven ayes. Regular Council Meeting June 6, 1994 Page 28 ITEM 9-B DANIEL DEVELOPMENT COMPANY - THE PONDS AT BASS CREEK MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to direct staff to negotiate on behalf of the City the options for the purchase of additional parkland from The Ponds at Bass Creek development. Park Director Blank stated he has met with the developer, Mr. Hunt, who has requested that the City make an offer to purchase parkland. It could be a multiple offer. Councilmember Edson stated that $60,000 is earmarked in the CIP for Cardinal Ridge Park. Director Blank stated that is for development of the park - not land acquisition. The Council discussed whether to designate a desirable amount of acreage or maximum price for acquisition for staff direction. Councilmember Edson was unsure that the Council is ready to disclose a top dollar amount. Councilmember Anderson stated the Council is interested in the area south of 55th Avenue and is willing to consider options for purchase of some amount of property in that area. Staff should return to the Council if further direction is needed. Councilmember Lymangood stated that if the land price is related to the developer's cost for the land plus minimal expenses, he would be more inclined to consider the offer. If the developer wants the City to pay the developer's per lot profit, Councilmember Lymangood would be less inclined to consider the offer. He noted that the City is not necessarily interested in purchasing the entire site. Tom Jes, 5055 Evergreen Lane North, stated that three weeks ago the Council approved an interim wetlands ordinance. He stated the Council has already approved the preliminary plat for The Ponds at Bass Creek and has failed to preserve the wetlands. He urged the Council to use options available to preserve what he believes are the most diverse wetlands in the City. Anne Bipes. 10605 52nd Avenue North, stated that one of the questions is how many acres are involved. She stated there are just under 17 acres - 7 of which are wetlands and 10 are uplands. She believes the City should consider purchase of about 10 acres. Ms. Bipes stated the developer has indicated he will consider an offer of the face value of the land, a land trade rather than cash payment, a contract Regular Council Meeting June 6, 1994 Page 29 for deed, or land value plus costs. She believes it is appropriate to begin negotiations now. Councilmember Anderson asked if anyone in her neighborhood has gotten involved in fund raising for this project, or if any of the immediate neighbors to the site intend to provide any money for acquisition. Ms. Bipes stated they have considered it, but don't believe it is feasible because of the timing. She stated they are contributing with their tax dollars, and she is unaware of any definite commitments to provide any funds for the acquisition. Motion carried, seven ayes. ITEM 9-C STUDY SESSION SCHEDULE MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to schedule a Council Study Session for 5:30 p.m. on June 20 to review the Comprehensive Annual Financial Report. Motion carried, seven ayes. ITEM 9-D LETTER FROM SPRINGSTED Councilmember Lymangood commented on a letter received from Springsted Inc., regarding possible refinancing of bond issues. He requested that staff review all outstanding bond issues for possible refinancing and provide a report to the Council. ITEM 9-E LMC ARTICLE ON BOND FUND DECLINE Councilmember Lymangood referenced information recently received from the League of Minnesota regarding an investment fund that many cities participated in. The fund has declined 24 percent. He clarified that the City of Plymouth does not invest in these types of mutual funds, and recognized Finance Director Hahn for using wise and safe investment strategy. Manager Johnson stated that some cities have large amounts invested in that fund, including operating funds. ITEM 9-F APPROVE REQUEST FOR PROPOSALS FOR CITY ATTORNEY SERVICES MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to approve the Request for Proposals for City Attorney Services. Regular Council Meeting June 6, 1994 Page 30 Councilmember Anderson stated that he submitted some ideas for the proposal to City Manager Johnson and those have been incorporated into this draft. He believes it is an excellent proposal, and added that it should be standard practice for legal services to be delineated by tenths of an hour for billing and reporting purposes. Councilmember Helliwell asked how this request for proposals will be advertised. Manager Johnson stated the request will be mailed to the same list of law firms as the 1991 request for proposals for legal services. Councilmember Edson stated that in 1991 the list was incomplete because several law firms were eliminated from the list because they did not provide both prosecution and civil services. Councilmember Granath suggested the request be advertised in the Star -Tribune. The Council also directed it be placed in Finance and Commerce. Motion carried, seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Anderson, to adjourn at 11:50 p.m. Motion carried, seven ayes. City Clerk