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HomeMy WebLinkAboutCity Council Minutes 11-21-1994MINUTES REGULAR COUNCIL MEETING NOVEMBER 21, 1994 A 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 November 21, 1994. PRESENT: Mayor Tierney; Councilmembers Granath, Edson, Lymangood, and Helliwell. Councilmember Anderson arrived at 7:08 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Asst. Finance Director Jacobson, Property Management Coordinator Tabery, Park Director Blank, Attorney Barnard, and City Clerk Ahrens. ITEM 3 FORUM No one appeared for the Forum. ITEM 4-A PRESENTATION TO SHERYL MORRISON Mayor Tierney presented a plaque of appreciation to former Ward 2 Councilmember Sheryl Morrison. Councilmember Anderson arrived at 7:08 p.m. ITEM 5 APPROVE AGENDA Mayor Tierney requested that M-9 of the Information Memo regarding Roundtable Meetings be added to the agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmeraber Granath, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Manager Johnson noted that Item 6 -EE has been amended. It was not removed from the Consent Agenda. Regular Council Meeting November 21, 1994 Page 2 Items 6-C, 6-1), 6-E, 6-1313, and 6 -EE were removed from the Consent Agenda. Councilmember Lymangood did not remove Item 6-Y regarding the sale of non - phosphorus fertilizer from the Consent Agenda, but noted that he assumes that this effort will be coordinated by the new Water Quality Task Force. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to approve the minutes as submitted by staff. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-737 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 10, 1994. Motion carried, six ayes. ITEM 6-F INITIATE COMPREHENSIVE PLAN AMENDMENT MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-738 DIRECTING THE PLANNING COMMISSION TO UNDERTAKE THE PROCESS NEEDED TO AMEND THE COMPREHENSIVE PLAN FOR THE ALIGNMENT OF SCHMIDT LAKE ROAD. Motion carried, six ayes. ITEM 6-G HOYT PROPERTIES. APPROVE SITE PLAN FOR PLYMOUTH TECHNOLOGY PARK (91031) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-739 APPROVING SITE PLAN FOR HOYT PROPERTIES, INC., FOR PROPERTY LOCATED NORTHWEST OF I-494 AND SCHMIDT LAKE ROAD (91031). Regular Council Meeting November 21, 1994 Page 3 Motion carried, six ayes. ITEM 6-H THE MAINTENANCE TEAM. SITE PLAN AMENDMENT AND VARIANCE (94083) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-740 APPROVING SITE PLAN AMENDMENT AND VARIANCE FOR THE MAINTENANCE TEAM, INC., FOR PROPERTY LOCATED AT 1720-1770 ANNAPOLIS LANE NORTH (94083). Motion carried, six ayes. ITEM 6-I PACKAGING SYSTEMS AUTOMATION. INC. SITE PLAN AMENDMENT AND VARIANCE (94086) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-741 APPROVING SITE PLAN AMENDMENT AND VARIANCE FOR PACKAGING SYSTEMS AUTOMATION, INC. FOR PROPERTY LOCATED AT 2200 NIAGARA LANE NORTH (94086). Motion carried, six ayes. ITEM 64 WARREN WOLFE. AMENDED PUD PLAN AND CUP (94139) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-742 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR WARREN WOLFE (94139). Motion carried, six ayes. ITEM 6-K LA. DONNAY. PRELIMINARY PLAT, SITE PLAN, CUP AND VARIANCE (94106) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-743 APPROVING PRELIMINARY PLAT FOR L.A. DONNAY FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF RANCHVIEW LANE NORTH AND 28TH AVENUE NORTH (94106). Motion carried, six ayes. Regular Council Meeting November 21, 1994 Page 4 MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-744 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR L.A. DONNAY FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF RANCHVIEW LANE NORTH AND 28TH AVENUE NORTH (94106). Motion carried, six ayes. ITEM 6-L MURILLO DESIGN INTERNATIONAL. FIRE LANE VARIANCE 94102 MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-745 APPROVING FIRE LANE VARIANCE FOR MURILLO DESIGN INTERNATIONAL INC. FOR PROPERTY LOCATED EAST OF NATHAN LANE ON 45TH AVENUE NORTH (94102). Motion carried, six ayes. ITEM 6-M SCOVILLE PRESS, INC. LOT DIVISION FOR SCOVILLE BUSINESS PARK 3RD ADDITION (94138) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-746 APPROVING LOT DIVISION FOR SCOVILLE PRESS, INC. (94138). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-747 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR SCOVILLE PRESS FOR PROPERTY LOCATED AT 14505 27TH AVENUE NORTH (94138). Motion carried, six ayes. ITEM 6-N LARRY MAROFSKY. FINAL PLAT FOR BASS LAKE TERRACE 4TH ADDITION (94149) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-748 APPROVING FINAL PLAT FOR LARRY MAROFSKY FOR PROPERTY LOCATED AT 54TH AVENUE NORTH, WEST OF NORTHWEST BOULEVARD (94149). Regular Council Meeting November 21, 1994 Page 5 Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-749 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LARRY MAROFSKY FOR BASS LAKE TERRACE 4TH ADDITION FOR PROPERTY LOCATED AT 54TH AVENUE NORTH, WEST OF NORTHWEST BOULEVARD (94149). Motion carried, six ayes. ITEM 6-0 METACOM, INC. REDUCTION OF SITE IMPROVEMENT PERFORMANCE GUARANTEE (94041) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-750 APPROVING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR METACOM, INC., FOR PROPERTY LOCATED AT 5353 NATHAN LANE NORTH (94041). Motion carried, six ayes. ITEM 6-P RYAN CONSTRUCTION. REDUCTION OF SITE PERFORMANCE GUARANTEE (91019) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-751 APPROVING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WALGREEN'S FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 9, WEST OF VINEWOOD LANE (91019). Motion carried, six ayes. ITEM 6-O ORDER PRELIMINARY ENGINEERING REPORT FOR 1995 STREET RECONSTRUCTION, PROJECT 501 MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-752 RECEIVE RECOMMENDATION, ORDER PRELIMINARY ENGINEERING REPORT FOR 1995 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 501. Motion carried, six ayes. Regular Council Meeting November 21, 1994 Page 6 ITEM 6-R APPROVE DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-753 REDUCING DEVELOPMENT BOND, HARBOR WOODS ADDITION (90093). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-754 REDUCING DEVELOPMENT BOND, BOULDER RIDGE 2ND ADDITION (91010). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-755 REDUCING DEVELOPMENT BOND, BOULDER RIDGE 3RD ADDITION (93013). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-756 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 6TH ADDITION (90066). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-757 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 2ND ADDITION (93067), SHENANDOAH LANE EXTENSION. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-758 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 9TH ADDITION (93067). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-759 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 10TH ADDITION (93067). Regular Council Meeting November 21, 1994 Page 7 Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-760 REDUCING DEVELOPMENT BOND, SUGAR HILLS 2ND ADDITION (93084). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-761 REDUCING DEVELOPMENT BOND, AUTUMN HILLS 2ND ADDITION (94005). Motion carried, six ayes. ITEM 6-S REIMBURSEMENT TO DEVELOPER FOR WATERMAIN OVERSIZING IN SUGAR HILLS 2ND ADDITION (93084) MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-762 REIMBURSING DEVELOPER FOR REQUIRED 12 INCH TRUNK WATERMAIN CONSTRUCTION, SUGAR HILLS 2ND ADDITION (93084). Motion carried, six ayes. ITEM 6-T STREET LIGHTING IMPROVEMENT AT NATHAN LANE AND 27TH AVENUE MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-763 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, NATHAN LANE SOUTH OF 27TH AVENUE. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councitmember Anderson, to adopt RESOLUTION 94-764 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, NATHAN LANE SOUTH OF 27TH AVENUE. Motion carried, six ayes. Regular Council Meeting November 21, 1994 Page 8 ITEM 6-U PAYMENT NO. 5, BRIDLEWOOD FARM 3RD ADDITION. PROJECT 304 MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-765 REQUEST FOR PAYMENT NO. 5, BRIDLEWOOD FARM 3RD ADDITION, CITY PROJECT NO. 304. Motion carried, six ayes. ITEM 6-V REQUEST FOR SPEED STUDIES MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-766 REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED ZONING STUDIES, DUNKIRK LANE - COUNTY ROAD 9, (OLD ROCKFORD ROAD) TO NEW COUNTY ROAD 9 (ROCKFORD ROAD), FERNBROOK LANE - COUNTY ROAD 9 TO SCHMIDT LAKE ROAD, SCHMIDT LAKE ROAD - FERNBROOK LANE TO PINEVIEW LANE, MEDINA ROAD - DUNKIRK LANE TO RELOCATED COUNTY ROAD 24. Motion carried, six ayes. ITEM 6-W REQUEST FOR SPEED STUDY ON COUNTY ROAD 24 MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-767 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT A SPEED ZONING STUDY ON COUNTY ROAD 24 FROM TRUNK HIGHWAY 55 TO COUNTY ROAD 101. Motion carried, six ayes. ITEM 6-X FERNBROOK LANE ASSESSMENT MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to not adopt any assessment against the Fernbrook Woods (Mary Anderson Construction Company) property as part of the 1994 roll for the construction of Schmidt Lake Road/Fernbrook Lane. Motion carried, six ayes. ITEM 6-Y PROPOSAL FOR SALE OF NON -PHOSPHORUS FERTILIZER Regular Council Meeting November 21, 1994 Page 9 MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to concur with the proposal by Communities in Collaboration Council to participate in a program whereby the City would make available to citizens non phosphorus fertilizer for use on their lawns. Motion carried, six ayes. ITEM 6-Z MUTUAL AID FOR EMERGENCY RESPONSE UNIT RESOURCES WITH CHAMPLIN AND MAPLE GROVE MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to authorize the City Manager to enter into a mutual aid agreement with the cities of Champlin and Maple Grove regarding the sharing of Emergency Response Unit resources. Motion carried, six ayes. ITEM 6 -AA CHILD ENDANGERMENT ORDINANCE MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt ORDINANCE 94-21 AN ORDINANCE RELATING TO CHILD ENDANGERMENT. Motion carried, six ayes. ITEM 6 -CC ADMINISTRATION BUILDING EXPANSION FURNISHINGS DESIGN PROPOSAL MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-768 AUTHORIZING EXPENDITURES FOR INTERIOR DESIGN SERVICES FOR CITY CENTER EXPANSION PROJECT. Motion carried, six ayes. ITEM 6 -DD ASSESSMENT FOR ABATEMENT OF HAZARDOUS BUILDINGS, 500 VICKSBURG LANE MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-769 ADOPTING ASSESSMENTS, ABATEMENT OF HAZARDOUS BUILDINGS, 500 VICKSBURG LANE NORTH. Regular Council Meeting November 21, 1994 Page 10 Motion carried, six ayes. ITEM 6 -EE COUNCIL PROCEDURES AT REGULAR MEETINGS MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt "Procedures for the Conduct of Regular Council Meetings" in place of the procedures adopted October 3, 1994 and to approve the summarized version with Council phone numbers and the Pro -Plymouth Pledge for public distribution at Council meetings. Motion carried, six ayes. ITEM 8-A STOP SIGN REQUESTS ON PILGRIM LANE Public Works Director Moore presented the staff report on the request for all -way stop signs on Pilgrim Lane at 29th Avenue, 30th Avenue, and 31st Avenue. Councilmember Helliwell noted that the petitions do not contain signatures of 70 percent of the property owners within 500 feet of the intersections. Director Moore explained that the percentages on the petition were 33 percent at 31 st Avenue and Pilgrim Lane, 50 percent at 30th Avenue and Pilgrim Lane, and 44 percent at 39th Avenue and Pilgrim Lane. Jeff Baill, 2940 Pilgrim Lane, spoke on behalf of residents signing the petition. They want the stop signs for the safety of their children. He said that pedestrians walk to the middle school, high school, and park; and vehicles drive at high speeds. He said that the speed study was conducted at the top of a hill where vehicles slow down. If the testing would have been done northbound between 29th and 30th Avenues, the speed would have been higher. It is also a dangerous street with an S" design. Several vehicles have lost control and left the street during the past several years. Mr. Baill said he tried to get signatures from all households abutting the intersections, and obtained 37 signatures out of 38 households that were contacted. Councilmember Anderson asked if the neighbors had considered installation of sidewalks on one or both sides of the street. Mr. Baill said the neighbors do not favor an assessment for sidewalk construction. Councilmember Helliwell stated that she believes the stop signs are warranted because of the park in the neighborhood; however, she would first like to receive 70 percent signatures on the petition. Regular Council Meeting November 21, 1994 Page 11 Mr. Baill stated that he can obtain additional signatures. Mayor Tierney said she would also like to consider this street during review of the Thoroughfare Guide Plan. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to table the stop sign request until 70 percent signatures are secured and after a study session is conducted to review the Thoroughfare Guide Plan, with direction to staff to install advisory signs. Councilmember Granath said he intends to support the stop sign request. He suggested that sidewalk installation be discussed with residents as additional signatures are obtained for the petition. Motion carried, six ayes. ITEM 8-B ADOPT PLATZ ASSESSMENT FOR DUNKIRK LANE IMPROVEMENTS, PROJECT 308 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-94-770 ADOPTING ASSESSMENTS, CITY PROJECT NO. 308, DUNKIRK LANE, STREET, SEWER, AND WATER LATERAL, PIN 17-118-22-24-0002. Motion carried, six ayes. ITEM 8-C APPROVE AMENDMENT TO SUBD. ORDINANCE PERTAINING TO CUL-DE-SACS (94133) Community Development Director Hurlburt presented the staff report on possible amendments to the Subdivision Code regarding standards for cul-de-sac streets. In addition to the cul-de-sac performance standards, the ordinance contains several housekeeping amendments that were mandated to reflect changes in state law that were adopted in 1980, but which were never incorporated into the City's subdivision code. These amendments state that preliminary and final plat approvals shall be in accordance with state law; that preliminary and final plat approvals are good for one and two years, respectively; and that building permits will not be issued for a lot that does not abut an approved street. The draft ordinance criteria for emergency access lanes includes a factor requested by the City Council - to consider the need for an access lane based on the possibility that a road could be blocked in the event of a disaster. One of the Planning Commission members indicated that she may have been willing to Regular Council Meeting November 21, 1994 Page 12 consider the performance standards for cul-de-sacs up to 750 feet, rather than 1,000 feet as recommended in the draft ordinance. Director Hurlburt said the Council has a number of options: 1) do nothing; however 20 percent of the existing cul-de-sacs are longer than 500'; 2) increase the cul-de-sac maximum length to a greater length such as 550' or 700'; or 3) establish performance standards as recommended in the draft ordinance. Councilmember Lymangood questioned the source of the traffic information and recommendations contained in the staff report. Director Hurlburt responded that it is recommended by transportation engineers and established in other jurisdictions that a cul-de-sac street would serve no more than 200 daily trips and no other subcollector street would serve more than 500 daily trips. That is a low amount of traffic on local streets that do not serve a collector. These traffic estimates are based on the amount and type of development proposed. Councilmember Lymangood said he has concerns with allowing 1,000 ft. cul-de- sacs, even with performance standards. Director Hurlburt stated that variance requests are possible on any standard in the ordinance. Councilmember Edson stated that if the Council doesn't establish standards for cul- de-sac length, the alternative is that the Council grants variances with no guidelines. Mayor Tierney said she strongly favors the proposed standards because without long cul-de-sacs trees and wetlands can be lost in some situations. She cited the area of Fernbrook Lane at County Road 6. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt ORDINANCE 94-22 RELATING TO SUBDIVISION REQUIREMENTS AMENDMENT SECTIONS 500 AND 400 OF THE PLYMOUTH CITY CODE. Delbert Case, 17215 23rd Avenue North, stated that a 500' maximum length is sufficient and no ordinance change should be made. He is concerned that the variances will still be granted for excess cul-de-sac length even after the performance standards are adopted. Chuck Dillerud, 15720 Rockford Road, supported performance standards. He said that the standards will clarify the ordinance for developers. Regular Council Meeting November 21, 1994 Page 13 Councilmember Lymangood noted that if the designation of the entrance street to the cul-de-sac is a minor collector, the average daily trips would not apply. MOTION to amend was made by Councilmember Lymangood, seconded by Councilmember Granath, to reduce the maximum length in Subd. 2.(c) of the proposed ordinance from 1,000 to 750 feet. Councilmember Granath said that performance standards will assist the Council in considering development requests. He supports lowering the length to 750'. Motion to amend carried, six ayes. Main motion as amended carried, six ayes. ITEM 8-D ABINGDON DEVELOPMENT CORPORATION. PRELIMINARY PLAT AND VARIANCE FOR THE SHORES OF KRAETZ LAKE (94135) Community Development Director Hurlburt presented the staff report on the preliminary plat and variance applications of Abington Development Corporation for The Shores of Kraetz Lake located at 17330 19th Avenue North, The City Council denied a similar request on August 29. The denial was based on the finding that the request did not meet the Subdivision Code Variance Standards for the 1,420 foot cul-de-sac. The proposed plat consists of 17 single family lots, all but one of which are for new construction. She explained that the cul-de-sac design includes a boulevard stretching 650 feet northward from 19th Avenue. The boulevard contains two 18 -foot driving lanes separated by a 14 -foot center median. The design was proposed to reduce the likelihood that the entire street would be closed due to fallen trees or road repair. During the applicant's presentation at the Planning Commission hearing, Mr. Dillerud requested that if the Council approved revisions to the Subdivision Code regarding cul-de-sac design standards, that this plat be allowed to revert back to the original plan that did not contain a boulevard street design. A question raised after the Planning Commission meeting was whether or not Kimberly Lane is still a cul-de-sac based on the new boulevard design. Staff, including the City Attorney, agrees that the current design is still a cul-de-sac. Community Development staff continues to recommend approval of the preliminary plat, cul-de-sac length and front yard setback variances. Staff recommends denial of the minimum lot depth variance. lots 1 and 2 could be combined into one lot that would meet all City requirements including the minimum lot depth. The boulevard design should be retained because it mitigates Regular Council Meeting November 21, 1994 Page 14 the overall length of the cul-de-sac, reducing the possibility that the street may be blocked and providing for alternatives turn around points. The Planning Commission recommends approval of the preliminary plat, eliminating the boulevard and approving the lot depth variance. Mayor Tierney expressed concern about the proposed medians because there would be additional impervious surface and encroachment on the wetlands. Director Hurlburt explained there would be some additional impervious surface, but the setback from the lake would remain the same. She said that trail access would be provided between Lots 9 and 10. Councilmember Lymangood asked how the new cul-de-sac standards would apply to this application. Director Hurlburt said the new cul-de-sac ordinance requires evaluating the design against the ordinance criteria. If all criteria are met, the excess cul-de-sac length would be permitted. This proposed design meets all ordinance criteria. Attorney Barnard added that the new cul-de-sac ordinance was effective upon passage earlier in the meeting. Chuck Dillerud, 15720 Rockford Road, represented the developer. He said that the previous plat design meets the new ordinance criteria. He said that additional right-of-way had to be obtained in order to proposed the wider street with a median. Without the additional right-of-way, the plat is identical to the previously proposed plat. The variances would not be needed if the median design was deleted. He requested that the Council adopt the Planning Commission's recommendation to approve the plat without the median design. Delbert Case, 17215 23rd Avenue North, suggested that The Shores at Kraetz Lake be proposed as 10 or 14 lots, rather than 17 to avoid infringement on the wetlands. Don Myron, 2425 Merrimac Lane, stated the issue of the cul-de-sac length was discussed several times during previous abutting plat considerations. He wants nice homes developed on these lots and prefers no roadway median. Mayor Tierney questioned why no access road was provided to this site when abutting plats were approved, other than the single access requiring a long cul-de- sac. Bill Pribble, 17330 19th Avenue North, stated he has lived on this property since 1968. He believes that the development plan that was originally submitted does Regular Council Meeting November 21, 1994 Page 15 the best to protect the natural amenities of the site. The additional roadway width would diminish the value of the property by eliminating trees and does nothing to improve the plan. Councilmember Granath requested a break to consult with the City Attorney at 8:28 p.m. Mayor Tierney called a break. The meeting was reconvened at 8:40 p.m. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt a resolution approving preliminary plat and variance for Abingdon Development Corporation for property located at 17330 19th Avenue (94130), as recommended by the Planning Commission. Councilmember Lymangood said he would prefer the staff -recommended design with the divided roadway. Staff has outlined reasons for the wider roadway, particularly for Lot 2 and for additional safety factors. Councilmember Edson concurred. He said that the minutes of October 17 regarding discussion of this item indicate his concerns for safety. If the original plan is now proposed, he has the same concerns. Councilmember Helliwell said this is a very fragile piece of property and difficult to develop. The original plan without medians would remove less trees, require less impervious surface, and destroy less natural amenities. She doesn't believe that a four -lane roadway is warranted. Public Safety Director Gerdes said that one of the reasons staff is recommending approval of the extended cul-de-sac is that there is good emergency access to the entrance point of the development. In addition, there is the option of accessing the development through the trail between Lots 9 and 10. The divided roadway mitigates for the potential of blockage of one roadway. Motion failed: Helliwell and Tierney ayes; Granath, Edson, Anderson, and Lymangood nays. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to adopt RESOLUTION 94-771 APPROVING PRELIMINARY PLAT AND VARIANCE FOR ABINGDON DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 17330 19TH AVENUE NORTH (94135) , as recommended by staff. Motion carried: Granath, Edson, Lymangood, and Tierney ayes; Anderson and Helliwell nays. Regular Council Meeting November 21, 1994 Page 16 ITEM 8-E LUNDGREN BROTHERS CONSTRUCTION. LAND USE GUIDE PLAN AMENDMENT (93132) Community Development Director Hurlburt explained the request of Lundgren Brothers Construction to reguide approximately 72 acres from IP (Planned Industrial) to LA -2 (Low Medium Density Residential). The area to the east is guided LA -1 and is currently under review for residential development. The property to the north across the railroad tracks is rural and being considered for addition to the high school site. The area to the south is guided commercial - service, and the land to the west is rural. The Planning Commission recommended approval of the reguiding. Staffs analysis indicates that the IP and LA -2 guiding would be consistent and reasonable given the City's land use projections and need for residential and industrial land. The land use inventory indicates that residential land is currently very tight. The proposed development would have a very minor impact on Schmidt Lake Road. Terry Forbord, represented Lundgren Brothers, and was present to answer questions. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-772 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR LUNDGREN BROTHERS CONSTRUCTION 93132). Councilmember Anderson said he was previously concerned about the potential impact of this development on Schmidt Lake Road; however, the development will not have a significant impact. The Schmidt Lake Road traffic will likely be 17,000 to 20,000 vehicles per day. Councilmember Anderson said he is impressed with Lundgrens' developments and their protection of the environment and wetlands. He believes this property is more beneficial for residential than industrial development. Motion carried: five ayes; Helliwell nay. ITEM 9-A UTILITY BILLING CHANGE RECOMMENDATIONS Assistant Finance Director Jacobson presented a staff report on utility billing change recommendations. He requested direction from the Council to proceed with an ordinance amendment regarding bi-monthly billing and subcontracting for printing, folding, inserting, and mailing of utility bills. Mayor Tierney noted that the utility bills were previously used for messages to residents. Regular Council Meeting November 21, 1994 Page 17 Assistant Jacobson said the utility bills were used for messages before the Plymouth News was available. The newsletter is more timely in getting information to residents. It would be possible to include information flyers with the folded and inserted utility bill option. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to direct the Finance Director to prepare an ordinance amending the City Code relating to rates and charges for sanitary sewer and water service and to advertise for bids for subcontracting for the printing, folding, inserting, and mailing of utility bills. Councilmember Lymangood commended staff for developing this idea that will save taxpayer dollars. Motion carried, six ayes. ITEM 9-13 RECOMMENDATIONS OF OPEN SPACE COMMITTEE Marlin Sjaarda, 11720 38th Avenue North, represented the Open Space Committee. He explained the purpose of the Committee and presented the staff report. He said the Committee will now consider the financial impact, potential funding sources, usage guideline by site -by -site analysis, acquisition options, and final recommendation to the Council. Councilmember Lymangood said he serves on this Committee. The Open Space Committee is looking for direction with respect to acquisition and funding sources and would like to hold ajoint meeting with the Council. Manager Johnson suggested that the Committee look at funding options with support from staff. When the Committee has developed some criteria, a study session can be scheduled with the Council. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to accept the report of the Open Space Committee, and to direct the Committee to proceed with Item a (The Committee is charged with the responsibility of determining the land acquisition costs associated with the sites the Committee thinks are worth pursuing, and further, a recommendation on a funding method for any proposed acquisition), and report back to the City Council before proceeding with Items b through e as indicated in the staff report. Motion carried, six ayes. Regular Council Meeting November 21, 1994 Page 18 ITEM 9-C APPOINTMENT OF DELEGATE AND ALTERNATE TO AMM MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to appoint Joy Tierney as the City's delegate to the Association of Metropolitan Municipalities (AMM). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to appoint Nick Granath as the alternate delegate to the AMM. Motion carried, six ayes. ITEM 9-D APPOINTMENT TO WATER QUALITY COMMITTEE MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-774 APPOINTMENT TO WATER QUALITY COMMITTEE, appointing Bridget Jodell to the vacant term expiring January 31, 1995. Mayor Tierney said that she believes Ms. Jodell would be an asset to the Water Quality Committee in developing its work plan for next year. Councilmember Lymangood noted that the Water Quality Committee has indicated it does not want to be involved in non -phosphorus fertilizers. He said that issue should be under the Water Quality Task Force. Manager Johnson said that all boards, commissions, and committees have been directed to provide a work plan before year-end. Councilmember Granath supported the appointment and said he was contacted by the Chairperson of the Water Quality Committee requesting that the Council make an appointment to fill the vacancy. Councilmember Edson said he has concerns with filling this vacancy, particularly when the future of the committees is uncertain. There are only two meetings remaining on the term. He said it is important to have full Committee memberships, but he believes the interview/appointment process should be followed. Mayor Tierney said Ms. Jodell was previously interviewed for board and commissions vacancies. Regular Council Meeting November 21, 1994 Page 19 Motion carried: Granath, Lymangood, Helliwell, and Tierney ayes; Edson and Anderson nays. ITEM 9-E BY-LAWS FOR PLYMOUTH HUMAN RIGHTS COMMISSION Councilmember Lymangood stated that he has several concerns about the proposed bylaws for the Human Rights Commission. One of the provisions would require 8/11 vote to change the bylaws, which is extremely onerous for future amendments. He believes that additional flexibility is needed. The Commission is also asking for a specific budget allocation. This would be the only City commissions with a specific allocation and a precedent may be set. There is no sunset provisions for this Commission and he believes that sunset provisions are important when establishing new commissions. The bylaws provide for an annual work plan at the beginning of the year, and he would also like an annual report at year-end. Councilmember Edson suggested that staff should prepare rules for all commissions to include sunset provisions where appropriate for Council consideration. He does not support a section on expenditures for this commission as it implies that a commission could expend funds without Council authorization. He believes all commissions should be equally treated. Manager Johnson explained that the Commission's request is to have human rights activities shown as a line item in the budget. Any expenditures would be done through the regular purchasing process. Councilmember Edson said the first section of the proposed bylaws allow the Commission to expend funds with Council approval and the authorization should not be extended further. MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to table the proposed bylaws for clarification on the questions raised by Councilmember Lymangood. Assistant Manager Lueckert noted there is a requirement for an annual work plan and an annual report in the proposed bylaws. Saundra Spigner, 9615 29th Avenue North, Chairperson of the Human Rights Commission said the Commission wants to ensure accountability for where expenditures are made. A separate expenditure section will ensure public knowledge of how funds are spent. Councilmember Edson said the Commission can be accountable through the annual report. Regular Council Meeting November 21, 1994 Page 20 Motion to table carried, six ayes. ITEM 9-F REPORT ON WARD 2 APPLICANTS Assistant Manager Lueckert said one application was received in response to the recent notice of the Ward 2 Council vacancy. An additional application was received after the deadline. Councilmember Edson said that he feels there is some flexibility in the process; however, the second applicant would not currently be eligible for appointment. The Charter prohibits a paid employee from serving on the Council, and the applicant is a member of the fire department. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to not accept the second application because it was received late and the applicant is not eligible for appointment. Motion carried: five ayes, Anderson nay. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to invite the new applicant for an interview with the Council at 6:30 p.m. on November 28. All previous applications and the new application will then be considered by the Council. Motion carried, six ayes. ITEM 9-G ROUND TABLE MEETINGS MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, that any Councilmembers interested in attending the Hamlin University Round Table discussions are to contact Mayor Tierney. Motion carried, six ayes. ITEM 9-H CITY ATTORNEY SELECTION PROCESS Manager Johnson presented the staff report on the City Attorney selection process and requested that the Council authorize him to negotiate terms and conditions with Roger Knutson and the firm of Campbell, Knutson, Scott, and Fuchs to serve as City Attorneys, subject to final approval by the City Council. Manager Johnson complimented the work of Allan Barnard and the firm of Best and Flanagan, but said that he believes the Campbell Knutson firm can best meet the future needs of Plymouth. Regular Council Meeting November 21, 1994 Page 21 Councilmember Helliwell noted that the firm's office is in Dakota County. She asked if there will be any problems working in Hennepin County. Gary Fuchs, 1221 Flicker Circle, represented the Campbell Knutson firm. He said that although the firm has prosecuted primarily in Dakota County, no problems are anticipated because the laws are identical and the court system is basically the same from county to county. He introduced Tom Scott from the Campbell Knutson firm. Kathy Brennan, 310 Trenton Lane, said the firm of Best and Flanagan did a wonderful job as the City's prosecutors and asked why their prosecution services are not being retained. Manager Johnson said the City sees some advantages of keeping the prosecution and civil services with the same firm. Public Safety Director Gerdes said the City has received stellar service from the Best and Flanagan prosecution staff. He believes that any of the four finalist firms could do a fine job of providing prosecution services. The Campbell Knutson firm indicated that training is a primary activity and there is an advantage of joint civil and criminal services. His recommendation is to keep the civil and prosecution services together under one firm. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to authorize the City Manager to negotiate terms and conditions with Roger Knutson and the firm of Campbell, Knutson, Scott and Fuchs to serve as City Attorneys for the City of Plymouth, subject to final approval by the City Council. Councilmember Granath served on the Subcommittee and stated that he believes this firm offers the best opportunity to improve Plymouth's unique needs with respect to land use. He has confidence that this firm will serve the city well in the future. He said that Best and Flanagan has provided the City with good legal services, but believes that a change is motivated by the desire of the City to improve its overall legal service based on the unique experience this firm would present for Plymouth in the next few years. Mayor Tierney served on the Subcommittee and said that this was not an easy decision. She thanked Allan Barnard for his expertise and help through serving as City Attorney for the last nine months. City Attorney Barnard said they have developed good relationships with the Council, staff and citizens. He is impressed with how hard the staff works, and Regular Council Meeting November 21, 1994 Page 22 noted that the City demands a lot of staff compared to other cities. He said that as City Attorneys for the last three years, they have had as many as 14 people in their firm working on issues at one time, and their real estate specialist is exceptional. He believes there are things that Best and Flanagan can offer over other firms and said he is concerned about the decision to hire an eight person law firm. His recommendation is that a firm with greater human resources be retained. Attorney Barnard said that Manager Johnson had indicated to him that the prosecution service could still be provided by Best and Flanagan, even if the civil service was changed. They are interested in still providing this service. Councilmember Lymangood said this was a lengthy selection process and the conclusion is that there would be an increase in the City's legal services based on the firm's experience and reports from cities similar to Plymouth. He withdrew from the selection process early because one of his clients submitted a proposal to provide legal service for the City. He will participate on the vote because there is no conflict with the recommended firm. Councilmember Anderson said this was a valuable process for the City. He said the decision is based on who will provide the City with the best legal service for the best price into the future. This firm can serve the City well on the primary issue of land use. He said this firm has only eight members, but only does municipal law for cities similar to Plymouth. The recommended firm drafted the wetlands ordinance in the City of Chanhassen and their experience will benefit Plymouth in the future. He is convinced that the Campbell firm has as much, if not greater, experience in prosecution matters than Best and Flanagan. The City will be receiving increased services with no increased expenditures. Councilmember Edson said that he is not convinced that changing firms is the best decision. Motion carried, five ayes; Edson nay. ITEM 9-I APPROVE REVIEW OF ADDITIONAL TRAIL SEGMENTS FOR COMPREHENSIVE TRAIL PLAN MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to authorize staff to have the City's consultant, Strgar Roscoe Fausch, to study the following trail segments for possible inclusion in the Comprehensive Trail System Plan: County Road 6 from Fernbrook Lane to Xemum Lane, Medina Road from Dunkirk Lane to Brockton Lake, Old Rockford Road 9 from Polaris Lane to Highway 55, Xenium Lane from the Luce Line to 30th Avenue, and 10th Avenue between South Shore Drive and Nathan Lane. Motion carried, six ayes. Regular Council Meeting November 21, 1994 Page 23 ITEM 84 ESTABLISH DATE FOR COUNCIL STUDY SESSION ON COUNTY ROAD 9 Councilmember Anderson said that he believes it would be inappropriate to hold a study session on plans for County Road 9 without written notification to the public of the meeting. He also has a conflict on the date recommended by staff, and requested that the study session be held on December 12 on this issue affecting his ward. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to establish a study session for 7:00 p.m. on December 12 to discuss the plans for the County Road 9 improvement project. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adjourn the meeting at 10:16 p.m. Motion carried, six ayes. Laurie F. F. Ahrens City Clerk