HomeMy WebLinkAboutCity Council Minutes 08-01-1994MINUTES
REGULAR COUNCIL MEETING
AUGUST 1, 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
August 1, 1994.
PRESENT: Mayor Tierney; Councilmembers Helliwell, Granath, Edson, Morrison, and
Lymangood.
ABSENT: Councilmember Anderson.
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, Risk Management Coordinator
Pemberton, City Attorney Barnard, and City Clerk Ahrens.
ITEM 3 FORUM
No one appeared for the Forum.
ITEM 5 APPROVE AGENDA
Mayor Tierney asked that a report on drainage and grading concerns in Sagamore
be added to the agenda as Item 9-A.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to approve the agenda with the addition of 9-A.
Motion carried, six ayes.
ITEM 6 CONSENT AGENDA
Item 6 -AA was removed from the Consent Agenda and placed as Item 9-B. Item
9-B will also include the request of the Subcommittee reviewing City Attorney
proposals to schedule a study session to provide a status report. 6-I was removed
from the Consent Agenda.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt the Consent Agenda as amended.
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 2
ITEM 6-A APPROVE CITY COUNCIL MINUTES
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the City Council Minutes of the July 18, 1994 Regular
Meeting, and July 25, 1994 Study Session.
Motion carried, six ayes.
ITEM 6-B APPROVE DISBURSEMENTS
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt Resolution 94-403 APPROVING DISBURSEMENTS FOR
THE PERIOD ENDING JULY 22, 1994.
Motion carried, six ayes.
ITEM 6-C PLYMOUTH PRESBYTERIAN CHURCH. APPROVE FINAL PLAT
93141
Motion was made by Councilmember Helliwell seconded by Councilmember
Granath, to adopt RESOLUTION 94-404 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR PLYMOUTH PRESBYTERIAN
CHURCH FOR PROPERTY LOCATED NORTHWEST OF THE
INTERSECTION OF DUNKIRK LANE AND COUNTY ROAD 9 (93141)
Motion carried, six ayes.
Motion was made by Councilmember Helliwell seconded by Councilmember
Granath, to adopt RESOLUTION 94-405 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR
PLYMOUTH PRESBYTERIAN CHURCH FOR PROPERTY LOCATED
NORTHWEST OF THE INTERSECTION OF DUNKIRK LANE AND
COUNTY ROAD 9 (93141).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 3
ITEM 6-D OPUS CORPORATION. SITE PLAN. VARIANCE AND LOT
CONSOLIDATION FOR OLYMPIC STEEL (94075)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-406 APPROVING SITE PLAN AND
VARIANCE FOR OPUS CORPORATION FOR PROPERTY LOCATED
ON THE NORTH SIDE OF 15TH AVENUE NORTH AND EAST OF
XENHTM LANE (94075).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-407 APPROVING LOT
CONSOLIDATION FOR OPUS CORPORATION FOR PROPERTY
LOCATED ON THE NORTH SIDE OF 15TH AVENUE NORTH AND
EAST OF XENIUM LANE (94075).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-408 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
CONSOLIDATION FOR OPUS CORPORATION FOR PROPERTY
LOCATED ON THE NORTH SIDE OF 15TH AVENUE NORTH AND
EAST OF XENHJM LANE (94075).
Motion carried, six ayes
ITEM 6-E OPUS CORPORATION. PUD PRELIMINARY PLAN
AMENDMENT/PLAT, CONDITIONAL USE PERMIT PUD FINAL PLAT AND
PLAN (94062)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-409 APPROVING MPUD
PRELIMINARY PLAN AMENDMENT/PLAT AND CONDITIONAL USE
PERMIT FOR OPUS CORPORATION FOR PROPERTY LOCATED
NORTH OF COUNTY ROAD 10 AND EAST OF NATHAN LANE (94062)
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 4
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-410 APPROVING MPUD FINAL
PLAT FOR OPUS CORPORATION FOR PROPERTY LOCATED NORTH
OF COUNTY ROAD 10 AND EAST OF NATHAN LANE (94062).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-411 APPROVING MPUD FINAL SITE
PLAN FOR MPUD FINAL PLAT FOR OPUS CORPORATION FOR
PROPERTY LOCATED NORTH OF COUNTY ROAD 10 AND EAST OF
NATHAN LANE (94062).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-412 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
OPUS CORPORATION FOR PROPERTY LOCATED NORTH OF
COUNTY ROAD 10 AND EAST OF NATHAN LANE (94062).
Motion carried, six ayes.
ITEM 6-F LAUKKA-WILLIAMS PARKERS LAKE. APPROVE PUD FINAL
PLAN/PLAT(94032)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-413 APPROVING MPUD FINAL
PLAT AND DEVELOPMENT CONTRACT FOR LAUKKA-WILLIAMS
PARKERS LAKE NORTH 11TH ADDITION FOR PROPERTY
LOCATED AT SHENANDOAH LANE AND 25TH AVENUE NORTH
94032) (MPUD 83-1).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-414 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
LAUKKA-WHLIAMS PARKERS LAKE NORTH 11TH ADDITION FOR
PROPERTY LOCATED AT SHENANDOAH LANE AND 25TH AVENUE
NORTH (94032) (MPUD 83-1).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 5
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-415 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 423, SANITARY SEWER AND WATER MAIN
AREA - PARKERS LAKE NORTH 11TH ADDITION.
Motion carried, six ayes.
ITEM 6-G DAHLSTROM, PETERSON, EIDEN PARTNERSHIP APPROVE
PRELIMINARY PLAT, REZONING, VARIANCE, AND SITE PLAN FOR
COURTYARDS OF PLYMOUTH OAKS (94049)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt ORDINANCE 94-13 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF
COUNTY ROAD 9 AND EAST OF FERNBROOK LANE (94049).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-416 APPROVING PRELIMINARY
PLAT FOR DAHLSTROM, PETERSON, EIDEN PARTNERSHIP FOR
PROPERTY LOCATED NORTH OF COUNTY ROAD 9 EAST OF
FERNBROOK LANE (94049).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-417 APPROVING SITE PLAN FOR
DAHLSTROM, PETERSON, EIDEN PARTNERSHIP FOR PROPERTY
LOCATED NORTH OF COUNTY ROAD 9 EAST OF FERNBROOK
LANE (94049).
Motion carried, six ayes.
ITEM 6-H ABINGDON DEVELOPMENT CORPORATION. PUD CONCEPT
PLAN, PRELIMINARY PLAN/PLAT AND REZONING (94050)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt ORDINANCE 94-14 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT 4005
COUNTY ROAD 101 (94050).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 6
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-418 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR ABINGDON
DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 4005
COUNTY ROAD 101 (94050).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-419 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND
CONDITIONAL USE PERMIT FOR ABINGDON DEVELOPMENT
CORPORATION FOR PROPERTY LOCATED AT 4005 COUNTY ROAD
101 (94050).
Motion carried, six ayes.
ITEM 6-I JANCO, INCORPORATED. LAND USE GUIDE PLAN
AMENDMENT, REZONING, PUD CONCEPT PLAN AND PRELIMINARY
PLAN/PLAT (94057)
Monroe Levie, 4220 Goldenrod Lane North, stated he lives in the Westridge
Townhouses and he is concerned about this development proposal. He was unable
to attend the public hearing, but understood there was an agreement to allow a
smaller lot size than the standard requirement. Mr. Levie does not believe it is
good development for Plymouth to allow very large homes on small lots, and he is
concerned about the additional traffic and parking that could occur on Old County
Road 9 as the result of this development. Also, the Westridge Townhouse
development is at a low elevation compared to the adjacent site, and he is
concerned that the large homes will overlook the townhouse development. He
suggested that a berm be installed along the entire length of the Westridge
development with trees and vegetation for privacy.
Community Development Director Hurlburt explained that the application includes
a reguiding to LA -2 and a rezoning to R-2. The Planning Commission
recommended this change because it is consistent with the densities along County
Road 9. There was some discussion at the public hearing about Old County Road
9. This is a local residential street and is not considered a collector. She stated
that only one new home from this development and one existing home would have
direct access to Old County Road 9. She stated that the issue of screening is not
required by the City Code and was not discussed at the public hearing.
Regular Council Meeting
August 1, 1994
Page 7
Thomas Graham, 10201 Wayzata Blvd., Minnetonka, represented Janco, Inc. He
stated that he has been in the development business for many years and has never
been required to install a landscaping buffer from an existing higher density use to
a proposed lower density use. He also said this development is less than 2.5 units
per acre which is not excessive.
Mr. Levie again stated he is concerned about the large amount of traffic that will
be added to Old County Road 9. He requested that the developer consider
installing a berm and additional trees.
Director Moore stated that Old County Road 9 is a rural type of roadway with no
curbing. At some time, it will be upgraded as part of the City's reconstruction
program. He is unaware there is a parking problem on Old County Road 9.
Properties are required to have sufficient parking, but should a parking problem
occur, staff would recommend to the Council that parking on this roadway be
prohibited.
Mr. Graham stated that curb will be added on Old County Road 9 on one side and
the roadway will be widened to 33' as the result of this project. He stated that if
the townhouse development is willing to provide the land for the berm, the
applicant would consider installation.
Councilmember Lymangood stated it would be difficult to adjust the proposal to
get agreement from the homeowner association to provide land for the berm at this
time because the public hearing has already been held. He is unaware of a current
parking problem on Old County Road 9 and noted there is much less traffic than
before County Road 9 was opened.
The Council encouraged the developer and townhouse association to communicate
further on the berm and landscaping issues.
Councilmember Helliwell stated that if denser housing had been proposed on this
site, it would have had greater traffic impacts. She agreed with Mr. Levie that lot
sizes are too small in Plymouth and in the metro area.
Motion was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-420 APPROVING LAND USE GUIDE PLAN
AMENDMENT FOR JANCO, INC., FOR PROPERTY LOCATED
NORTHWEST OF BALSAM LANE AT OLD ROCKFORD ROAD (94057).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 8
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt ORDINANCE 94-15 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
NORTHWEST OF BALSAM LANE AT OLD ROCKFORD ROAD (94057).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-421 APPROVING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN
FOR JANCO, INC., FOR PROPERTY LOCATED NORTHWEST OF
BALSAM LANE AT OLD ROCKFORD ROAD (94057).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-422 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT PLAN, PRELIMINARY PLAN/PLAT
AND CONDITIONAL USE PERMIT FOR JANCO, INC. FOR PROPERTY
LOCATED NORTHWEST OF BALSAM LANE AT OLD ROCKFORD
ROAD (94057).
Motion carried, six ayes.
ITEM 64 R. L. JOHNSON COMPANY. CONDITIONAL USE PERMIT (94077)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-423 APPROVING CONDITIONAL
USE PERMIT FOR INTERMEDIATE SCHOOL DISTRICT 287
HENNEPIN TECHNICAL COLLEGE (94077).
Motion carried, six ayes.
ITEM 6-K ROGER BENSON. LOT DIVISION AND VARIANCE (94054)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-424 APPROVING LOT DIVISION
FOR ROGER BENSON LOCATED AT 315 ZINNIA LANE (94054).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 9
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-425 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR
ROGER BENSON LOCATED AT 315 ZINNIA LANE (94054).
Motion carried, seven ayes
ITEM 6-L BRETT AND CINDY HANSON. DENY PUD PRELIMINARY PLAN
AMENDMENT AND CONDITIONAL USE PERMIT (94048)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94- 426 DENYING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR BRETT AND CINDY HANSON FOR
PROPERTY LOCATED AT 11400 50TH PLACE NORTH (94048).
Motion carried, seven ayes
ITEM 6-M CITY OF PLYMOUTH. APPROVE FINAL PLAT FOR ZACHARY
PARK (94069)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-427 APPROVING FINAL PLAT FOR
THE CITY OF PLYMOUTH FOR PROPERTY LOCATED NORTH AND
SOUTH OF COUNTY ROAD 9 WEST OF ZACHARY LANE (94069).
Motion carried, seven ayes
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-428 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR THE
CITY OF PLYMOUTH FOR PROPERTY LOCATED NORTH AND
SOUTH OF COUNTY ROAD 9 WEST OF ZACHARY LANE (94069).
Motion carried, seven ayes
ITEM 6-N APPROVE FINAL PLANS AND SPECIFICATIONS FOR SEVEN
PONDS PARK
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-429 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING GOING OUT FOR BID FOR
SEVEN PONDSMEATHER RUN NEIGHBORHOOD PARK.
Regular Council Meeting
August 1, 1994
Page 10
Motion carried, six ayes.
ITEM 6-0 LOWRY HILLS DEVELOPMENT. GOLFVIEW ESTATES -
ELINIINATING CONDITION TO REQUIRE EMERGENCY ACCESS (91047)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-430 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR
LOWRY HILLS DEVELOPMENT FOR GOLFVIEW ESTATES (91047),
ELIMINATING THE SPECIAL CONDITION TO REQUIRE AN
EMERGENCY ACCESS FROM COMSTOCK LANE TO COUNTY ROAD
9.
Motion carried, six ayes.
ITEM 6-P RELEASE OF SITE IMPROVEMENT PERFORMANCE
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-431 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR 918 PLYMOUTH PARTNERS
H FOR PROPERTY LOCATED AT ROCKFORD ROAD AND HIGHWAY
169 (90011).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-432 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR HANCE DISTRIBUTION
FOR PROPERTY LOCATED AT 12725 16TH AVENUE NO. (92089).
Motion carried, six ayes.
Motion was made by Councihnember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-433 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR KRAUS-ANDERSON FOR
BETTGERS SERVICE PLAZA LOCATED NORTHWEST OF THE
INTERSECTION OF VINEWOOD LANE AND ROCKFORD ROAD
91074).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 11
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-434 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR CARLSON COMPANIES,
INC. FOR THE OPERATIONS TRAINING CENTER PARKING LOT
LOCATED AT 12755 HIGHWAY 55 (92072).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-435 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION
FOR FERNBROOK TOWNHOMES LOCATED AT THE
INTERSECTION OF 44TH AVENUE AND FERNBROOK LANE (91044).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-436 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR WENDY'S
INTERNATIONAL FOR WENDY'S RESTAURANT LOCATED
NORTHWEST OF COUNTY ROAD 9 AND HIGHWAY 169 (93006).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-437 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR HEDBERG AGGREGATES,
INC. FOR PROPERTY LOCATED NORTHWEST OF 10TH AVENUE
NORTH AND NATHAN LANE (93046).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-438 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR ROCKY POINT
PARTNERSHIP FOR PROPERTY LOCATED AT 4175 VINEWOOD
LANE NORTH (93066).
Motion carried, six ayes
Regular Council Meeting
August 1, 1994
Page 12
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-439 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENT
CORP. FOR PROPERTY LOCATED AT 14000 25TH AVENUE NORTH
93058).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-440 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR MEDICINE LAKE
PROPERTIES LTD PARTNERSHIP FOR PROPERTY LOCATED AT
9909 SOUTH SHORE DRIVE (91014).
Motion carried, six ayes.
ITEM 6-O APPROVE DEVELOPMENT CONTRACT BOND REDUCTIONS
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-441 REDUCING DEVELOPMENT
BOND, AUTUMN HILLS ADDITION (92060).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-442 REDUCING DEVELOPMENT
BOND, PLYMOUTH OAKS ADDITION (93078).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-443 REDUCING DEVELOPMENT
BOND, SUGAR HILLS 2ND ADDITION (93084).
Motion carried, six ayes
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-444 REDUCING DEVELOPMENT
BOND, KIMBERLY WOODS ADDITION (93018).
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 13
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-445 REDUCING DEVELOPMENT
BOND, DEERWOOD TRAILS ADDITION (88016).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-446 REDUCING DEVELOPMENT
BOND, PARKERS LAKE NORTH 6TH ADDITION (90066).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-447 REDUCING DEVELOPMENT
BOND, HARBOR WOODS ADDITION (90093).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-448 REDUCING DEVELOPMENT
BOND, LAKE CAMELOT ESTATES 3RD ADDITION (89044).
Motion carried, six ayes.
ITEM 6-R REIMBURSEMENT FOR WATERMAIN CONSTRUCTION04020)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-449 REIMBURSING DEVELOPER
FOR REQUIRED WATERMAIN CONSTRUCTION, PARKERS LAKE
CORPORATE CENTER 6TH ADDITION (94020).
Motion carried, six ayes.
ITEM 6-S APPROVE ADVERTISEMENT FOR BIDS -NEW COUNTY ROAD 9
FROM HIGHWAY 55 TO VICKSBURG LANE, PROJECT NO 310
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-450 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
COUNTY ROAD 24 - MEDINA ROAD IMPROVEMENTS - PHASE 1,
CITY PROJECT NO. 310.
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 14
ITEM 6-T CHANGE ORDER NO. 2,3,4, DUNKIRK LANE IMPROVEMENTS
PROJECT NO. 308
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-451 APPROVING CHANGE ORDER
NUMBERS 2, 3, 4, DUNKIRK LANE IMPROVEMENTS, PROJECT
NUMBER 308.
Motion carried, six ayes.
ITEM 6-U ADOPTING ASSESSMENTS FOR SANITARY SEWER
CONNECTION FEES FOR 5140 ZACHARY LANE
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-452 ADOPTING ASSESSMENTS,
SANITARY SEWER AND WATERMAIN CHARGES, PIN 12-118-22-23-
0001, CITY PROJECT NUMBER 421.
Motion carried, six ayes.
ITEM 6-V WETLAND REPLACEMENT PLAN FOR FERNBROOK WOODS
2ND ADDITION
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-453 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
FERNBROOK WOODS 2ND ADDITION SCHNIIDT LAKE ROAD
CONSTRUCTION (94018).
Motion carried, six ayes.
ITEM 6-W SET PUBLIC HEARING FOR VACATION OF PONDING
EASEMENTS IN FERNBROOK WOODS ADDITION
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-454 ORDERING PUBLIC HEARING
FOR THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING
PURPOSES, OUTLOT C, FERNBROOK WOODS ADDITION.
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 15
ITEM 6-X APPROVE METROLINK CONTRACT EXTENSION
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-455 APPROVAL OF METROLINK
CONTRACT EXTENSION WITH THE MCTO (FORMERLY KNOW AS
THE MTC) AND ITS SUBCONTRACTOR, NATIONAL SCHOOL BUS
SERVICE, INC.
Motion carried, six ayes.
ITEM 6-Y AWARD CONTRACT FOR REPLACEMENT OF WATER TANK
TRUCK
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-456 APPROVAL OF BID FOR 1
NEW FLUSHER TRUCK
Motion carried, six ayes.
ITEM 6-Z OLYMPIC STEEL, INC. SCHEDULE PUBLIC HEARING ON
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-457 ESTABLISHING THE DATE
FOR A PUBLIC HEARING ON AND GIVING PRELIMINARY
APPROVAL TO A PROPOSED PROJECT ON BEHALF OF OLYMPIC
STEEL, INC. AND ITS FINANCING UNDER THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; AUTHORIZING A
SUBMISSION TO THE MINNESOTA DEPARTMENT OF FINANCE FOR
AN ALLOCATION OF BONDING AUTHORITY IN AN AMOUNT NOT
EXCEEDING $6,000,000; AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS.
Motion carried, six ayes.
ITEM 6 -AA ESTABLISH COUNCIL STUDY SESSION
This item was moved to 9-B.
Regular Council Meeting
August 1, 1994
Page 16
ITEM 6 -BB APPROVE GARBAGE HAULER LICENSE FOR LIGHTNING
DISPOSAL, INC.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-459 APPROVING GARBAGE
HAULER LICENSE FOR LIGHTNING DISPOSAL, INC.
Motion carried, six ayes.
ITEM 6 -CC AMEND EXPENSE REIMBURSEMENT POLICY
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-460 APPROVING AMENDMENT TO
EXPENSE REIMBURSEMENT POLICY.
Motion carried, six ayes.
ITEM 6 -DD FINAL APPROVAL OF HEALTH CARE REVENUE BONDS FOR
MISSION FARMS NURSING HOME PROJECT
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-461 AUTHORIZING THE ISSUANCE
OF HEALTH CARE FACILITY REVENUE BONDS (MISSION FARMS
NURSING HOME PROJECT), SERIES 1994 IN THE AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $5,600,000; PRESCRIBING
THE FORM OF AND AUTHORIZING THE EXECUTION OF AND
INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN
RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND
SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF;
APPROVING A FINAL FORM OF OFFICIAL STATEMENT; AND
PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE
OWNERS OF SAID REVENUE BONDS.
Motion carried, six ayes.
ITEM 6 -EE OLYMPIC STEEL. VARIANCE FROM EXTINGUISHING
SYSTEM REQUIREMENT OF THE CITY CODE (94075)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-462 APPROVING VARIANCE
REQUEST FOR OPUS CORPORATION, FOR A PROPERTY LOCATED
ON THE NORTH SIDE OF 15TH AVENUE NORTH AND EAST OF
XENIUM LANE NORTH (94075).
Regular Council Meeting
August 1, 1994
Page 17
Motion carried, six ayes.
ITEM 6 -FF DANIEL DEVELOPMENT. MPUD FINAL PLAT FOR "THE PONDS
AT BASS CREEK" (93106) (MPUD-1)
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-463 APPROVING MPUD FINAL
PLAT FOR DANIEL DEVELOPMENT FOR THE PONDS AT BASS
CREEK FOR PROPERTY LOCATED SOUTH OF COUNTY ROAD 10 AT
TRENTON LANE (93106).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-464 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
DANIEL DEVELOPMENT FOR THE PONDS AT BASS CREEK FOR
PROPERTY LOCATED SOUTH OF COUNTY ROAD 10 AT TRENTON
LANE (93106).
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-465 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 422, SANITARY SEWER AND WATERMAIN
AREA, THE PONDS AT BASS CREEK.
Motion carried, six ayes.
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-466 APPROVING PARK
DEDICATION PAYMENTS FOR THE PONDS AT BASS CREEK.
Motion carried, six ayes.
ITEM 6 -GG AWARD TOWING AND IMPOUNDMENT CONTRACT
Motion was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-467 AWARDING THE CONTRACT
FOR THE POLICE ORDERED TOWING AND IMPOUNDMENT OF
VEHICLES.
Motion carried, six ayes.
Regular Council Meeting
August 1, 1994
Page 18
ITEM 8-A ABINGDON DEVELOPMENT CORPORATION. PRELIMINARY
PLAT FOR THE SHORES OF KREATZ LAKE (94063)
Planning Supv. Senness introduced the request of Abingdon Development
Corporation for Preliminary Plat and Variance approval for the Shores of Kraetz
Lake Addition located at 17330 19th Avenue North (94063). She explained
there were two major issues discussed at the Planning Commission public
hearing: 1) location of the road within the plat; and 2) location of the
emergency access.
She stated the City received a letter from the DNR indicating that the proposed
new road could remain in the location of the existing road. After further
discussions, this was clarified that they actually meant the existing driveway.
The Planning Commission concurred that the roadway should be kept away
from the lake and suggested that the developer redesign an alignment that
maintained the requirement of the DNR. The roadway has been moved
southerly which resulted in the loss of one lot on the south side of the roadway
and the addition of a cul-de-sac on the north side of the roadway. There are
still a total of 17 lots proposed.
Supv. Senness said that staff had suggested that the emergency access be
installed to mitigate for the long cul-de-sac. The emergency access is 440' long
and staff is not recommending a change to the proposed trail unless it would be
needed later. She stated the developer will be providing an easement for an
additional five feet in trail width which will provide enough room for
emergency vehicles. There have been no uses of emergency accesses in the
City to date.
Mayor Tierney stated this is a standard 8 foot wide trail and asked if this is wide
enough to emergency vehicles.
Public Safety Director Gerdes stated yes.
Supv. Senness added that the additional five foot easement will not be asphalt,
but will provide sufficient clearance for emergency vehicles.
Councihnember Edson addressed the proposed cul-de-sac length and asked
about the length of the previously approved cul-de-sacs in the City.
Director Hurlburt responded that an inventory of cul-de-sac lengths in the City
has not been done, but in the last five years, several cul-de-sacs have been
approved with lengths greater than 1,000 feet.
Regular Council Meeting
August 1, 1994
Page 19
Greg Frank, McCombs -Frank -Ross, represented the applicant. He stated that
all of the lots meet the R-1 requirements and no variances are requested for lot
size. He stated there was a previous Council action which, in effect, landlocked
this parcel and required access to the south. The applicant is in agreement with
the staff recommendation.
Susan Rohlf, 17335 23rd Avenue North, stated she is pleased that the roadway
has been moved southerly in order to protect the trees and shoreline of Kraetz
Lake. She said the roadway should be no closer to the lake than its current
alignment.
Del Case, 17215 23rd Avenue North, expressed concern about the length of the
cul-de-sac. He asked why the City Code indicates a 500' maximum when the
Council grants variances to this length. He stated the vegetation and wetlands
should be preserved and hopes the water quality will be improved. He believes
there is a transformer located adjacent to the trail, and he questioned whether a
fire truck could use the emergency access. He urged the Council to approve no
further variances on this project.
Director Hurlburt stated it is not expected that a fire truck would use the trail,
but the trail could accommodate a police car or other emergency vehicle.
Public Works Director Moore showed the grading plan and noted the location of
the water quality treatment pond. There is currently no treatment done on the
site. He stated that 500' has been the ordinance standard for cul-de-sac length
for over 17 years, but many variances have been granted to that standard. The
500' standard relates to issues on public safety and extension of utilities.
Manager Johnson stated the issue of cul-de-sac length has arisen a number of
times, and he stated the Council could direct staff and the Planning Commission
to review this issue.
Councihnember Helliwell asked why the property owners were allowed only
one access.
Director Moore stated this property has had the same ownership for over 17
years. Each time there was abutting development, the owner had the
opportunity to have alternate access, but they indicated they did not want public
access. When the last abutting development was approved, the owner indicated
he did not want public access, but the City required it.
Regular Council Meeting
August 1, 1994
Page 20
Mayor Tierney stated it was action of the Council that resulted in the single
access.
Councilmember Edson stated it was not action of the Council that denied access.
The City was considering access with development of other abutting
developments, and the property owner did not want it.
MOTION was made by Mayor Tierney, seconded by Councilmember Morrison,
to approve the preliminary plat and variance for the Shores of Kraetz Lake
Addition (94063).
Councilmember Granath stated he will vote against this request. He has
concerns about the excessive length of the cul-de-sac, and he believes the City
should either enforce its standards or amend the Code.
SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded
by Councilmember Granath, to deny the request.
Councilmember Lymangood stated the property owner had the opportunity to
get another access to the site when the surrounding properties developed.
Councilmember Helliwell asked if the City can legally deny this property owner
the right to develop his property. She believes the current proposal is the only
way in which this property can be developed.
City Attorney Barnard stated the standard for inverse condemnation is very
high. If the City leaves the property owner with no viable use for the property,
the City could be subject to damages. He doubts that a denial of this request
would be grounds for an inverse condemnation action because there are likely
other ways to redesign the project.
In response to a question by Manager Johnson, Attorney Barnard stated if the
motion to deny fails, the Council should take further action to consider the
request.
Mayor Tierney believes that the owner may have inquired about access during
development of the abutting parcels. She believes the developer and owner are
affected by the actions of previous Council action.
Councilmember Edson stated he does not favor cul-de-sacs of this length. He
believes the issue needs to be resolved of whether the Council denied access to
this parcel during previous approvals of the abutting developments, as well as
the property owner's position on access when previous developments were
Regular Council Meeting
August 1, 1994
Page 21
considered. If the access was not presented in a formal plan, he does not
believe the City denied access.
Mayor Tierney suggested that the issue be tabled in order for staff to research
the history on this parcel with respect to access.
MOTION was made by Councihnember Edson, seconded by Mayor Tierney, to
table the request of Abingdon Development Corporation for preliminary plat
and variance for the Shores of Kraetz Lake Addition located at 17330 19th
Avenue North (94063), and to direct staff to research the issue of access to this
site.
Motion to table carried: Helliwell, Filson, Morrison, and Tierney ayes;
Granath and Lymangood nays.
ITEM 9-A REPORT ON SAGAMORE DRAINAGE AND GRADING
Public Works Director Moore stated he met with Mr. Severson who had
presented concerns at a previous Plymouth Forum regarding drainage and
grading at Sagamore Addition. Director Moore stated regrading was done on
the site. It was still incorrect and was regraded again. He stated staff will
monitor the construction to ensure that the final grading, landscaping, and
fencing is correctly completed.
Councihnember Lymangood thanked staff for their fast response, and asked that
a letter outlining the action taken be forwarded to Mr. Severson with a copy to
the Council.
ITEM 9-B CITY COUNCIL STUDY SESSION SCHEDULE
Manager Johnson suggested that scheduling of future study session topics and a
report from the City Attorney Subcommittee be added to the August 8 study
session on discussion of planning and zoning issues.
Councihnember Lymangood requested that ordering a study on cul-de-sac length
be added to the August 15 agenda.
Motion was made by Councilmember Morrison, seconded by Councihnember
Lymangood, to adopt RESOLUTION 94-458 ESTABLISHING SPECIAL
COUNCIL STUDY SESSION FOR AUGUST 8, 1994, with topics as outlined
above by the City Manager.
Regular Council Meeting
August 1, 1994
Page 22
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to
adjourn the meeting at 8:14 p.m.
Motion carried, six ayes.
City Clerk