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HomeMy WebLinkAboutCity Council Minutes 03-29-1993MINUTES REGULAR COUNCIL MEETING MARCH 299 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:02 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on March 29, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, and Vasiliou ABSENT: Councilmember Tierney STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn, Attorney Barnard, and City Clerk Rauenhorst ITEM 4-A WEST HENNEPIN HUMAN SERVICES PLANNING BOARD Steve Mumma presented the City with a plaque of appreciation for support of the West Hennepin Human Services Planning Board. ITEM 5 APPROVE AGENDA Mayor Bergman reversed items 7-B and 8-A on the agenda. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to approve the agenda as amended. Motion carried on a roll call vote, four ayes. ITEM 6 CONSENT AGENDA Items 6-N and 6-0 were removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the Consent Agenda as amended. Motion carried on a roll call vote, four ayes. Regular Council Meeting March 29, 1993 Page 2 ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the City Council minutes of the March 3 Business Persons Town Meeting, March 8 Joint Meeting with Hennepin County Commissioners, March 8 Town Meeting for Ward 2, March 10 Business Persons Town Meeting, and March 10 Study Session. Motion carried on a roll call vote, four ayes. ITEM 6-B RENEW GARBAGE HAULER LICENSES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-153 RENEWING GARBAGE HAULER LICENSES. Motion carried on a roll call vote, four ayes. ITEM 6-C RENEWAL OF CONSUMPTION AND DISPLAY LICENSES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-154 APPROVAL OF CONSUMPTION AND DISPLAY LICENSES. Motion carried on a roll call vote, four ayes. ITEM 6-D TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-155 APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. Motion carried on a roll call vote, four ayes. ITEM 6-E APPROVING AMUSEMENT CENTER LICENSE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-156 APPROVING AMUSEMENT CENTER LICENSE for LaPerre Enterprises, d/b/a Triple Play Family Entertainment Center, 1455 Highway 101. Motion carried on a roll call vote, four ayes. Regular Council Meeting March 29, 1993 Page 3 ITEM 6-F SOUTHWEST MUTUAL AID ASSOCIATION JOINT AND COOPERATIVE AGREEMENT FOR FIRE PERSONNEL AND RESOURCES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-157 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT WITH THE SOUTHWEST MUTUAL AID ASSOCIATION FOR USE OF FIRE PERSONNEL AND RESOURCES. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-177 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT WITH THE SOUTHWEST MUTUAL AID ASSOCIATION FOR USE OF FIRE EDUCATION DISPLAY. Motion carried on a roll call vote, four ayes. ITEM 6-G AWARD BID FOR CITY BUILDINGS' CLEANING CONTRACT MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-158 APPROVING CITY BUILDINGS CLEANING CONTRACT. Motion carried on a roll call vote, four ayes. ITEM 6-H ROBBINSDALE SCHOOLS. SITE PLAN AMENDMENT AT 4350 ZACHARY LANE (93012) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-159 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR THE ZACHARY LANE SCHOOL LOCATED AT 4350 ZACHARY LANE NORTH (93012). Motion carried on a roll call vote, four ayes. ITEM 6-1 REDUCTION OF RETAINAGE FOR PUBLIC SAFETY BUILDING MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-160 REQUEST FOR PAYMENT NO. 12, CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECT NO. 017. Regular Council Meeting March 29, 1993 Page 4 Motion carried on a roll call vote, four ayes. ITEM 64 EARL FISCHER. LOT DIVISION/CONSOLIDATION LOCATED NORTHWEST OF 35TH AVE. N. AND RANIER LANE (93017) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-161 APPROVING LOT DIVISION/ CONSOLIDATION FOR THREE STAR TRUCKING (93017). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-162 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/ CONSOLIDATION FOR THREE STAR TRUCKING OF PLATTED PROPERTY IN "GREENWOOD PONDS" LOCATED NORTHWEST OF RANTER LANE ON 35TH AVENUE NORTH (93017). Motion carried on a roll call vote, four ayes. ITEM 6-K LUNDGREN BROS. CONSTRUCTION. PUD FINAL PLAN/PLAT FOR HEATHER RUN (92035) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-163 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR "HEATHER RUN" LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 101 AND COUNTY ROAD 24 (92035) (RPUD 92-3). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-164 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR "HEATHER RUN" LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 101 AND COUNTY ROAD 24 (92035) (APUD 92-3). Motion carried on a roll call vote, four ayes. Regular Council Meeting March 29, 1993 Page 5 ITEM 6-L GRAHAM LAND DEVELOPMENT. PUD FINAL PLAN/PLAT FOR FORSTER'S PRESERVE (92090) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-165 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR GRAHAM LAND DEVELOPMENT COMPANY FOR "FORSTER PRESERVE" LOCATED AT 42ND AVENUE NORTH AND EVERGREEN LANE (92090) (RPUD 92-4). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-166 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR GRAHAM LAND DEVELOPMENT COMPANY FOR "FORSTER PRESERVE" LOCATED AT 42ND AVENUE NORTH AND EVERGREEN LANE (92090) (RPUD 92-4). Motion carried on a roll call vote, four ayes ITEM 6-M APPROVE PLANS AND ADVERTISE FOR BIDS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-167 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1993 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 301. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-168 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, BRIDLEWOOD FARM 3RD ADDITION IMPROVEMENTS, CITY PROJECT NO. 304. Motion carried on a roll call vote, four ayes. ITEM 6-N AUTHORIZING "NO PARKING" ON FORESTVIEW LANE AT 36TH AVENUE Public Works Director Moore presented the staff report on the request of the Public Safety Department that "No Parking" signs be installed on Forestview Lane Regular Council Meeting March 29, 1993 Page 6 immediately north of 36th Avenue. The signs would prohibit parking from 9 p.m. to 5 a.m. Charles Lymangood, 11780 40th Place North, stated he is in favor of the intent of the resolution, but objected to the wording of the resolution. He stated that Forestview Lane goes northerly to 62nd Avenue and the resolution is not specific enough to designate the segment of roadway to be signed. He stated that either the wording of the resolution was an oversight or a retaliatory measure by the City because an attorney who has written the Council on the Baton issue (appearing later on the agenda) lives on Forestview Lane. Mayor Bergman stated the Council did not write the resolution, but there is no hidden intent on the part of Council or staff. Director Moore stated he wrote the resolution and the area that will be signed is the one block segment immediately north of 36th Avenue. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to adopt RESOLUTION 93-169 APPROVING THE PLACEMENT OF "NO PARKING" SIGNS ON FORESTVIEW LANE, with the following amendment to clarify the intent of the resolution: "No Parking - 9 p.m. to 5 a.m." on both sides of Forestview Lane for the one block segment immediately north of 36th Avenue and connected thereto. Motion carried on a roll call vote, four ayes. ITEM 6-0 AUTHORIZE CROSSWALK FLASHING BEACONS AT VICKSBURG LANE AND 41ST AVENUE FOR PLYMOUTH CREEK SCHOOL PROJECT 303 Mayor Bergman stated that he supports the installation of crosswalk flashing beacons at Vicksburg Lane and 41st Avenue for Plymouth Creek School. He stated there has been misinformation on this issue. The Plymouth Creek PTO members indicated the City Council was not supportive of the request when the Council had no knowledge of it and a request had not been made of the City. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-170 ESTABLISHING A SCHOOL SPEED LIMIT AND AUTHORIZING FLASHING BEACONS, PLYMOUTH CREEK ELEMENTARY SCHOOL, CITY PROJECT NO. 303. Motion carried on a roll call vote, four ayes. Regular Council Meeting March 29, 1993 Page 7 ITEM 6-P RECEIVE PETITION AND SET HEARING ON VACATION OF EASEMENTS ON OUTLOT A. BRIDLEWOOD FARM 2ND ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-171 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENT FOR PONDING PURPOSES, OUTLOT A, BRIDLEWOOD FARM 2ND ADDITION. Motion carried on a roll call vote, four ayes. ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-172 REDUCING DEVELOPMENT BOND, PONDEROSA WOODS 3RD ADDITION (92076-A). Motion carried on a roll call vote, four ayes. ITEM 7-A VACATION OF DRAINAGE EASEMENT IN ZACHARY HILLS ADDITION Mayor Bergman opened a public hearing at 7:17 p.m. on the vacation of a portion of a drainage easement on Lot 6, Block 2, Zachary Hills Addition (11200 52nd Avenue North). No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-173 AUTHORIZING THE VACATION OF A PORTION OF A DRAINAGE EASEMENT IN LOT 6, BLOCK 2, ZACHARY HILLS. Motion carried on a roll call vote, four ayes. ITEM 8-A BATON CORP. AMENDED RPUD PRELIMINARY PLANIPLAT AND CUP LOCATED SOUTHEAST OF LARCH LANE AND OLD ROCKFORD ROAD (92113) Mayor Bergman stated that on Friday, March 26, the City was informed by the Director of the Environmental Quality Board (EQB) that neighbors adjoining the Baton Corporation site have petitioned the EQB for an Environmental Assessment Worksheet to be completed on the project. EQB rules call for the City to determine within 30 days whether an EAW will be completed. Pending a decision regarding the Environmental Assessment Worksheet, the City Council may not take action regarding the PUD Preliminary Plat/Plan and Conditional use Permit. Regular Council Meeting March 29, 1993 Page 8 MOTION was made by Mayor Bergman, seconded by Councihnember Vasiliou, to defer the request of Baton Corporation for amended Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit located southeast of Larch Lane and Old Rockford Road and to authorize that an Environmental Assessment Worksheet be prepared. Attorney Bernard stated that this is a privately owned parcel. The City Council must balance the private rights of the owner to develop the land and the rights of government to affect the land through guidelines primarily related to public health, safety, and welfare. Community Development Director Dillerud presented the staff report. He stated the Planning Commission on a 5-1 vote recommended approval of the Amended RPUD Preliminary Plan and Conditional Use Permit for the construction of 10 single family homes and 18 twin homes on a site of approximately 3 5 acres. The Amended Preliminary Plan is responsive to the Amended Concept Plan for this site approved by the Council on October 5, 1992. That Concept Plan amended the previously approved Concept for this site from 103 condominium units to 28 single family and twin home units with no transfer of density for "lost" units to other portions of the site. He stated the Council in the considering the request should consider consistency with the approved Concept Plan and compliance of the plan with the six Conditional Use Permit standards. He stated the current proposal includes a request for one variance from the Subdivision Ordinance to allow a cul-de-sac street of 1,400 feet versus the ordinance standard of 500 feet. In addition, the proposal is to use the flexibility available through the Planned Unit Development ordinance to modify Zoning Ordinance standards as follows. Two of the proposed single family lots would be less than the 18,500 sq. ft. conventional R-lA zoning standard. The lots would be 18,010 sq. ft. and 14,272 sq. ft. respectively. Few of the lots in the existing single family portions of the Mission development meet the 18,500 sq. ft. standard. The applicant also proposes modification of the zoning standard for front setback from 35 ft. to 25 ft. for all homes proposed to be fronting Jonquil Lane. This setback modification is responsive to the direction of the Planning Commission and the Council in the approval of the Concept Plan, with the intent to bring the units into the center of the site. The applicant is proposing side yard setbacks of 6 ft. on the garage side and 10 ft. on the living area side versus the conventional standard of 15 feet on both sides. This type of side yard modification has become common in PUD's throughout the City. Director Dillerud reported on a number of issues raised by individuals at the public hearing. The first issue raised was that the application and review process is flawed due to adjoining property owners having rights on the site based on adverse Regular Council Meeting March 29, 1993 Page 9 possession. The City Attorney has found that any property owner rights that adjoining property owners may have on this site have not yet been sufficiently established to be of concern with regard to the validity of the application as now presented. A second issue was that this plan is more destructive to the site than the former concept plan for 103 condominium units and would destroy 60-70 percent of the site. Because the condominium proposal was never presented in a Preliminary Plan/Plat form, it is difficult to compare or draw conclusions. He stated that trees would be lost to construction, but the City Tree Preservation Policy works to minimize tree loss in this regard. Director Dillerud described the nature of the site with respect to trees and wetlands. He stated that approximately 6 percent of the total wetland found on the site will be impacted directly by this project, and no net loss of wetlands will occur. Another issue raised at the hearing is that Lots 1, 2, 3, and 4, Block 1 are unbuildable". He stated that a distinction between "unbuildable" and constrained" should be made. The four lots are not as buildable as other; however, they are buildable with the 25 ft. front setback. He stated that wetland would become a major portion of the rear yard of these structures. As a result of the observation at the hearing that the proposed trail system will unreasonably destroy trees in the Outlet A area, the Planning Commission recommended and the developer has agreed to modify the trail corridor to place the trail south of the Jonquil Lane cul-de-sac on the same corridor as the existing sewer line for at least a portion of the distance. This will substantially reduce the number of trees that would be destroyed as the result of the trail construction. He stated that residents indicated representations were made to some who purchased homes to the east of the site that this site would not develop. He stated this is difficult to prove or disprove; however, there has been a PUD plan which contemplated development of this site in some manner well before any of the homes adjacent to the site were constructed. Director Dillerud stated that the staff recommendation of approval is based on the following findings: 1) The proposed density of the application is for less than previous proposals for the site; 2) The lot sizes and side yard setbacks meet the average of similar lots in the neighborhood and the City; 3) The front yard setback of 25 feet was requested by the City to maximize the preservation of trees; 4) No net loss of wetlands will occur and less than 6 percent of the wetland area will be directly impacted; 5) Strict application of the cul-de-sac length standard would impose too great of hardship on the owner's development rights; 6) The development proposal maximizes the preservation of trees as required by local regulations, and 7) The Planning Commission recommended approval following a public hearing. Regular Council Meeting March 29, 1993 Page 10 Director Dillerud stated that if the motion to order an Environmental Assessment Worksheet is adopted, the Worksheet will be prepared within 30 days, with an additional 30 day review. The document will be available for review and comment, and a summary will be provided to the Council to determine whether an Environmental Impact Statement should be prepared for the site. He stated that in 1978 an Environmental Assessment Worksheet was prepared for the entire Mission PUD and, subsequently, an Environmental Impact Statement was prepared. Director Dillerud stated one additional item has arisen since the Planning Commission hearing relating to the 50 ft. wide panhandle of Outlot A, Mission Ridge 2nd Addition. Under the approved Concept Plan, the 50 ft. strip immediately west of Lots 4, 5, 6, and 7, Mission Ridge 2nd Addition would be deeded to the adjoining property owners in Mission Ridge 2nd Addition. The Preliminary Plat proposes that the strip would be split with the westerly half included in Lots 1-4, Block 2, of Baton's proposed plat and the easterly half deeded to the adjoining property owners. Baton now proposes to leave Outlot A intact and convey it to a homeowners association. Councilmember Helliwell stated that the previous law firm reviewed the entire City Council meeting packet and the proposed resolutions. She asked that the City Manager confirm that the current law firm is doing the same so the Council knows it has been reviewed from a legal perspective. Director Ddlerud verified that the City Attorney has reviewed all documents provided to the Council regarding the Baton issue. Mayor Bergman stated that a public hearing has been held on this request before the Planning Commission. He asked if anyone who has not had an opportunity to comment on the proposal wished to do so. Sharon Meister, 3615 Evergreen Lane, questioned the validity of the wetlands report dated November 11, 1992. Councilmember Helliwell stated that since the Council cannot act on the request tonight and due to the changes that have occurred with this request, it should go back to the Planning Commission. Councilmember Vasiliou requested that the Mayor call the question. Charles Lymangood asked if the motion on the table is inclusive of sending the request to the Planning Commission. Councilmember Vasiliou stated the motion does not include that action. Regular Council Meeting March 29, 1993 Page 11 Motion carried on a roll call vote, four ayes. Councilmember Helliwell asked if the issue will at some point go back to the Planning Commission. Mayor Bergman stated yes, but Council may have additional issues to refer to the Planning Commission with respect to this proposed project once the EAW is received. Councilmember Vasiliou stated the motion was to order an EAW. She stated the Council should let it go through the process and then provide the results of the EAW to the Planning Commission after the EAW is received by the Council. Chad Sjaarda, 11720 38th Avenue North, appeared with Micah Vitoff, and Matt Johnson. They presented a petition signed by 915 students at Plymouth Middle School encouraging the Council to vote against the Baton request and preserve the natural area. Paul Stone, 11525 38th Avenue North, stated that the Baton request is high density considering the amount of wildlife in the area. He believes some wildlife will be destroyed if the development is approved. Rita O'Donnell, 12105 41 st Avenue North, asked if individuals who have not yet addressed the Council with respect to the Baton request will be allowed to in the future. Mayor Bergman stated yes. Rick Sathre, Sathre-Bergquist Inc., stated he has worked for the property owner, Mission Partnership, for 13 years. He described the history of the project and noted that Mission Partnership purchased property from Union City Mission in 1974. Subsequently, Hennepin County Parks purchased a portion of that property for French Regional Park from Mission Partnership. He stated that a large portion of the property originally purchased by Mission Partnership resulted in passive uses. Councilmember Vasiliou asked if Hennepin County selected the area they wanted for French Regional Park in 1974? Mr. Sathre responded yes. Mayor Bergman questioned how many citizens commenting on this issue are concerned about the planning issues involved. He stated that residents in the area Regular Council Meeting March 29, 1993 Page 12 who contacted him want the City to purchase a nature preserve. He stated the City recently purchased 24 acres north of County Road 9 that had been proposed for acquisition for 10 years. Mike Ricci, 4095 Goldenrod Lane, stated Hennepin County has agreed to place the property in their master plan once funds are collected to purchase the property. Mayor Bergman stated this area of the City already has the highest density of parkland in the City and it would be difficult to justify using tax dollars to purchase additional land in this area. He stated the Council must consider the park needs of all residents of the City and not concentrate resources in one area. Mr. Lymangood stated the last time he was before the Council on this issue, the Council directed the neighborhood group to go before the Hennepin County Parks group. Councilmember Vasiliou stated at that previous meeting, the Council was requested by the neighborhood to delay action in order to have additional time for the neighborhood to pursue a grant to acquire the property. The group indicated they had an individual who was working on this project. Mr. Lymangood stated that Councilmember Tierney had suggested he go before the City Parks Board. Mayor Bergman stated that in order to purchase the property, Mission Partnership must be a willing seller. He has not heard that the owner is interested in selling the property. He would not support the City getting involved in acquisition of the property in any way. Councilmember Helliwell suggested that the Council, neighbors, Hennepin County Park Board, developer, and property owner meet to discuss the status of these issues. Councilmember Vasiliou suggested that the City Manager poll each interest to determine interest in such a meeting. She noted that the property owner or developer are under no obligation to meet. David Priebe, 3825 Forestview Lane, stated this property is unique and it is legally entitled to preservation. He believes the property owners can demonstrate they have rights to the property. He stated the developer has retained this area as the last to develop so the buyers of property in the Mission PUD would pay more for their property in order to adjoin a natural area. Regular Council Meeting March 29, 1993 Page 13 Councilmember Edson stated he has received a lot of phone calls and correspondence regarding the Baton request. He suggested that residents consider addressing this issue in a positive way and make suggestions for resolving the issue rather than just ask that the Council not approve the request. He stated the Council has an obligation to balance the interests of the owner and area residents. Mayor Bergman agreed that the neighbors need to try to lead development in a proper course rather than stop development. Mr. Lymangood referenced the Planning Commission minutes of February 24, 1993, where the attorney representing Mission Partnership indicated that there are no vested rights for any type of development until the preliminary plat stage is approved. MOTION was made by Councilmember Helliwell to refer the Baton request directly to the Planning Commission when the Environmental Assessment Worksheet is completed. Motion failed for lack of a second. ITEM 7-B HEARING ON SUSPENSION OF KENNY'S INC. OFF -SALE LIQUOR LICENSE An administrative hearing to consider suspension or revocation of Kenny's Inc., off -sale liquor license was conducted. A copy of the transcript of the proceedings is part of these minutes. Following the hearing, MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-174 IMPOSING PENALTY FOR LIQUOR LAW VIOLATION AGAINST KENNY'S INC, imposing a 10 day suspension, with an option of an additional 20 day suspension or a $4,000 fine payable to the City of Plymouth Drug Education Fund. MOTION to amend the main motion was made by Councilmember Vasiliou, seconded by Mayor Bergman, to begin the suspension on April 1 and continue for 10 business days. If the licensee elects the additional 20 day suspension, it would begin on the subsequent 11th business day. Motion to amend carried on a roll call vote, four ayes. Main motion as once amended carried on a roll call vote, four ayes. Regular Council Meeting March 29, 1993 Page 14 ITEM 8-B GOFF HOMES, INC. RPUD PRELIIVHNARY PLAN/PLAT AND CUP, AND REZONING LOCATED WEST OF XENHIM LANE AT 36TH AVE. 93008 Community Development Director Dillerud presented the staff report on the request of Goff Homes, Inc., for Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for 60 single family attached units; and, rezoning of the site from FRD (Future Restricted District) to R-4 (High Density Multiple Residence District) located west of Xenium Lane at 36th Avenue North. He stated the testimony at the Planning Commission public hearing was generally that the current design was a substantial improvement over earlier designs, particularly with respect to the reduced density. He reported on the specific design issues addressed at the Planning Commission hearing, and stated that these issues will be handled with the final site plan. Councilmember Vasiliou stated there is a private street proposed in this development. She stated the Council has not recently allowed private streets given problems with maintenance, etc., that can occur in the fixture. She stated the private street will prevent her from supporting the request. Director Dillerud stated the private street issue was discussed at length with staff and the Planning Commission. Since this is platted as a single parcel of property, it officially becomes a driveway. If this were a townhouse development, it would have to be a public street. Councilmember Vasiliou stated that the homeowner association documents should then indicate that it is a driveway and will continue to be a driveway. Mayor Bergman asked what standard this street will be built to and why it cannot be designated as a public street. Public Works Director Moore stated the street will be built to the City standard - 7 ton with concrete curb and gutter. Director Dillerud stated it could be designated as a public street except a public street requires a minimum amount of right-of-way in order to accommodate utilities and snow storage. He stated the proposed plan is an attempt to keep the units as near the center of the site as possible to reduce the negative impact of I- 494 on the units and to provide a distance between the units and the single family homes along Xenium Lane. Director Moore addressed snow plowing and storage on the site. He stated that due to lack of a boulevard and minimal distance from the garage to the street, City plowing and storage of the snow would not be possible in the traditional sense. He Regular Council Meeting March 29, 1993 Page 15 viewed this situation as a common driveway and parking lot where the homeowner association will contract for snow removal. Pat Goff, 865 Aspen Circle, Little Canada, stated that he attempted to propose a public street; however, the boulevard and setback requirement pushed the units too far to the outside area of the site. He stated the street will be constructed to a 7 - ton City street standard and it should last as long so substantial maintenance will not be required. Mayor Bergman noted that the Planned Unit Development Conditional Use Permit requires a 4/5 vote of the Council. He would not oppose deferring the item. Pat Goff requested that the item be deferred to the next meeting. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to defer the request of Goff Homes, Inc., for Residential Planned Unit Development Preliminary Plan/Preliminary Plat and Conditional Use Permit. Motion carried on a roll call vote, three ayes; Vasiliou nay. ITEM 8-C WENDY'S INTERNATIONAL. LAND USE GUIDE PLAN AMENDMENT; REZONING; CUP AND VARIANCES (93006) Community Development Director Dillerud presented the staff report on the request of Wendy's International for Land Use Guide Plan Amendment, Rezoning, Conditional Use Permit, and Zoning Variances to construct a Wendy's Restaurant in the northwest quadrant of County Road 9 and Highway 169. He stated the Planning Commission recommended approval of these actions that will permit construction of a 2,780 square foot Wendy's restaurant on a 1.02 acre site. He noted two corrections that should be made to the proposed resolution approving site plan, conditional use permit, and variances. Condition I I.a should read: "For 15' parking setback on the east and west property line versus the ordinance standards of 20 feet." Condition lLb should read: "For 0' and 8' driving aisle setback from the principal building versus the ordinance standard of 10 feet." Director Dillerud stated the traffic problem at Nathan Lane and the service road was discussed. This proposed facility, in terms of square footage, is one-fourth the size what could have been constructed previously with an office building on the site. Strgar-Roscoe-Fausch determined that the traffic impact will not be worsened by this use. Regular Council Meeting March 29, 1993 Page 16 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-175 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR WENDY'S INTERNATIONAL LOCATED NORTHWEST OF COUNTY ROAD 9 AND HIGHWAY 169 (93006). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt ORDINANCE 93-5 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHWEST OF COUNTY ROAD 9 AND HIGHWAY 169 AS B-2 SHOPPING CENTER BUSINESS). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-176 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR WENDY'S INTERNATIONAL LOCATED NORTHWEST OF COUNTY ROAD 9 AND HIGHWAY 169 (93006), with the two corrections noted above on Conditions 11.a and 11.b. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-177 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR WENDY'S INTERNATIONAL LOCATED NORTHWEST OF COUNTY ROAD 9 AND HIGHWAY 169 (93006). Motion carried on a roll call vote, four ayes. ITEM 8-D WESTON CORP. REQUEST FOR ALIGNMENT STUDY FOR SCHMIDT LAKE ROAD, WATER TOWER SITE STUDY AND LIFT STATION SERVICE AREA EXPANSION Public Works Director Moore stated Weston Corporation is proposing a development westerly of Vicksburg Lane which would be partially within the existing service area and partially outside the service area. This proposed development would include Schmidt Lake Road as indicated in the City's Thoroughfare Guide Plan and also a 3 million gallon water storage tower as indicated in the Comprehensive Water Plan. The water tower is proposed for construction as part of the 1993 CIP and Schmidt Lake Road is included in the Regular Council Meeting March 29, 1993 Page 17 1995 CIP. City staff has informed the developer that staff cannot support any applications for development until a determination is made by the Council on the location of Schmidt Lake Road and the water tower. He stated in order to establish the alignment of Schmidt Lake Road, the first step in the process is the undertaking of an Alignment/EAW Study. A Preliminary Engineering Study is also necessary to determine the design and estimated cost of the 3 million gallon water tower. The proposed development could be served by the lift station which will be constructed by Lundgren Bros. in the Autumn Hills Addition. This lift station would be a public facility and provide sanitary sewer service to this area until sanitary sewers are constructed through the Hollydale Golf Course. At the time these sanitary sewers are constructed, the lift station would be eliminated. Director Moore stated the City should not be committed to approving any revision to the M.U. S.A. boundary by allowing additional capacity to be constructed in the lift station at this time. He recommended that if the City receives a Hold Harmless Agreement from the developer indicating that they are not guaranteed the ability to use the lift station for that development beyond the current M.U. S.A. boundary and further agree to pay the additional cost to enlarge the capacity of the lift station, that its capacity would be expanded with the initial construction. Councilmember Vasiliou asked if there is a sign to indicate the location of the proposed water tower. Director Moore stated no. The location is about 800' westerly of Vicksburg Lane. He stated the Council approval of the Autumn Hills development required that their sales literature show the site of the proposed water tower. The Council directed that a sign indicating the location of the proposed water tower be erected adjacent to Vicksburg Lane. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to authorize the Director of Public Works as follows: 1) Receive requests for proposals from Bonestroo, Rosene, Anderlik and Associates, Inc. and Rieke, Carroll, Muller Associates, Inc., for a Feasibility Study for the proposed 3 million gallon water tower in the vicinity of Schmidt Lake Road and Vicksburg Lane. In addition to analyzing the most economical construction cost for the proposed water tower, the Feasibility Study shall also analyze the site as proposed in the Comprehensive Plan and as proposed by the Weston Corporation development, Regular Council Meeting March 29, 1993 Page 18 2) Receive requests for proposals from Strgar-Roscoe-Fausch, Inc., and Bonestroo, Rosene, Anderlik and Associates, Inc., for an Alignment/EAW Study of proposed Schmidt Lake Road/Peony Lane from Vicksburg Lane to Highway 55, and 3) Authorize additional capacity be constructed in the lift station for the Autumn Hills Development after the City receives a Hold Harmless Agreement from the Weston Corporation agreeing to pay all additional costs associated with the additional capacity and relieving the City of all liability if a decision is made by the Council not to allow their property which is currently beyond the M.U. S.A. boundary to be serviced by the lift station. Motion carried on a roll call vote, four ayes. ITEM 9-A 1993 RISK MANAGEMENT REPORT Risk Management Coordinator Pemberton presented the 1993 Risk Management Report. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to accept the report. Motion carried, four ayes. ITEM 9-B PROPERTY AND CASUALTY INSURANCE RENEWAL Risk Management Coordinator Pemberton presented the staff report and recommendation on property and casualty insurance renewal for the period April 1, 1993 - March 31, 1994. He recommended that the boiler machinery and data processing coverage be deleted. Staff will request additional quotes on these items. He recommended that the Council award the contract for 1993-94 property and liability coverages to the League of Minnesota Cities Insurance Trust LMCIT) in the amount of $180,887, and asked that the Council determine whether an umbrella policy should be purchased. He stated the City currently does not carry the umbrella coverage, but rather self -insures for an amount of 5,000,000 in excess of the basic policy. The Financial Advisory Committee recommended that the City purchase commercial umbrella insurance. Staff recommends that umbrella insurance not be purchased. Finance Director Hahn stated the Financial Advisory Committee recommended the umbrella coverage in order to protect the City's reserve. The State liability limit is 600,000; however, this could be exceeded in the instance of a federal case or an occurrence involving an employee out of state on City business. Regular Council Meeting March 29, 1993 Page 19 Manager Johnson cited as an example a federal civil rights case. Councilmember Edson asked if the City purchases insurance directly from the LMCIT or through an agent. Coordinator Pemberton stated it is done through an agent, Don Kuplic of Krause Anderson Insurance. This provides the City with continuity of service and better contact with the markets. The agent negotiates the premiums, and analyzes and makes recommendations on coverage. He receives five percent for this service, which is about $9,000. Councilmember Vasiliou stated she inquired of a couple of other cities whether they use an agent, and they indicated they do not. She stated there is not an advantage of having better market contacts since there is currently not a competitive market or economically feasible alternate sources of coverage. She stated the City pays $16,000 in membership dues to belong to the League of Minnesota Cities in order to participate in the Insurance Trust and this needs to be considered part of the insurance cost. Councilmember Vasiliou stated that Mr. Kuplic previously informed her that the City recovers the premiums from employee life insurance policies and that was untrue. Finance Director Hahn stated the City had the right to receive back all premiums paid at the time the policy was turned over to an employee. If the value was adequate, the City would receive back the full premium. If the value was not adequate, the City would not receive the full premium. Councilmember Vasiliou asked if the City requests competitive bids for the agent service. Finance Director Hahn stated the standard agent fee used to be 10 percent. With the LMCIT, the standard is now 5 percent. Councilmember Helliwell stated she also checked with other cities who have an insurance consultant. Councilmember Edson stated the Council should consider the agent service as a consultant, just as the fiscal or legal consultant was considered. A fixed fee proposal should be requested. Regular Council Meeting March 29, 1993 Page 20 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-179 AWARDING CONTRACT FOR INSURANCE FOR THE 1993/1994 INSURANCE PROGRAM, deleting the boiler machinery and data processing coverage, keeping the agent in place, selecting no umbrella coverage, and increasing from $5,000 to $50,000 deductible for property, inland marine, crime and auto physical damage. Councilmember Vasiliou asked if the insurance consultant has reviewed the policies proposed and made recommendations to staff. Coordinator Pemberton stated yes. MOTION to amend the main motion was made by Councilmember Edson, seconded by Councilmember Helliwell, to direct staff to seek quotes on professional insurance consultant services for all policies before the policies expire next year. Councilmember Edson stated that the agent has provided service for this year by reviewing and making recommendations on the policies; therefore, he should be compensated for this year, and the issue should be considered before next year's consideration of coverage. Motion to amend carried, four ayes. Main motion as once amended carried on a roll call vote, three ayes; Vasiliou nay. ITEM 9-C APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMITTEE MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-180 APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMITTEE, appointing Steven M. Bernhardt for a term to expire December 31, 1994. Motion carried on a roll call vote, four ayes. ITEM 9-D QUARTERLY STATUS REPORT ON PENDING CIVIL LITIGATION The Council discussed the review of proposed resolutions and ordinances and the City Council packet by the City Attorney. Manager Johnson stated he will advise Regular Council Meeting March 29, 1993 Page 21 the City Attorney that he should be reviewing the packet, with special emphasis on proposed resolutions and ordinances. The Council discussed the pending MPRS lawsuit. Councilmember Vasiliou asked if the City remains a party to the suit if an alternative method of police officer selection is adopted. Public Safety Director Gerdes stated the City has a contractual obligation to remain with MPRS through 1993; however, a change could be made for 1994. The City will remain party to the litigation until it is completed. Councilmember Vasiliou questioned a claim by Ryan Construction relating to incorrect soil boring information. Public Works Director Moore stated there are always disclaimers provided with soil boring reports that the information only pertains to the exact hole from which the soil is taken. He stated the work is done through the consulting engineer. Quotes are obtained and several different firms are used for various soil work. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to accept the pending civil litigation report. Motion carried, four ayes. ITEM 9-E STUDY SESSION TOPICS AND INFORMATION MEMORANDUM Manager Johnson suggested that the study topic of the proposed Housing Code be delayed to a future date and the vacation policy be discussed on April 5, Manager Johnson stated that the organization Kids for Saving Earth have invited Councilmembers to attend a field trip of the recently acquired parkland north of County Road 9 off of Berkshire Lane. The tour was scheduled for 5:00 p.m. on April 12. Manager Johnson reported that a general orientation for board and commission members has been scheduled for April 21. Councilmember Vasiliou stated she had spoken with the administrator of the Tree Trust for Hennepin County regarding their program to recruit 14 -year olds for employment. She referred the individual to the City Manager or Park Director and suggested that the City may be able to assist by recruiting through the cable channel. This also may be coordinated through the City's volunteer program. Regular Council Meeting March 29, 1993 Page 22 ITEM 8-A BATON CORPORATION (92113) The Council briefly continued discussion on Item 8-A, requests by Baton Corporation, which was discussed earlier in the meeting. Mayor Bergman stated he has concerns with the lots immediately abutting the wetlands. Councilmembers Vasiliou and Edson stated they would prefer to consider a concession on the setback to avoid further impact on the wetland. Councilmember Edson stated that an emergency vehicle access by using the trail should also be considered. The meeting was adjourned at 10:20 p.m. G'lL2c g'!-Ct- z Cit Clerk