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HomeMy WebLinkAboutCity Council Minutes 05-17-1993 SpecialMINUTES FORUM MAY 179 1993 A special meeting forum of the Plymouth City Council was called to order by Mayor Bergman at 6:30 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on May 17, 1993 PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, and Tierney ABSENT: Councihnember Vasiliou STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Dillerud, Park Director Blank, Finance Director Hahn, Public Safety Director Gerdes, and City Clerk Rauenhorst Request to Remove Cul -de -Sac - 31st Avenue North Kathleen Pederson, 9885 31st Avenue North, requested that the City remove a temporary cul-de-sac constructed in front of her property. She stated the cul-de-sac has been in existence for about 10 years and serves no public purpose. She cannot repair or replace her driveway because of this condition, and snowplowing and street sweeping of the cul-de-sac is at her expense. Mayor Bergman asked the purpose of the cul-de-sac. Public Works Director Moore stated there is still undeveloped property east of this property, and at a future date, 31st Avenue will be extended to provide access to this undeveloped property. The temporary cul-de-sac was required at the end of 31st Avenue when the Mary Middlemist Addition was developed in order to provide a turnaround for traffic on the street. Otherwise, vehicles would have to turn around in the private driveways. Ms. Pederson stated she would prefer that the cul-de-sac be removed, and she is not opposed to motorists using her private driveway to turn around. The Council directed staff to study this item and place it on the June 7 agenda for consideration. City Council Forum May 17, 1993 Page 2 Youth Center Proposal Loretha Suggs and Dan Kirox stated they are working on developing a youth center in Plymouth. They are in the process of talking to youth to determine what they want and developing a funding proposal. They requested support from the Council on the concept and indicated they may need further City help in the future in the area of taxes, regulations, and financial assistance. Mr. Kirox stated the majority of funds would come from private donors. Councilmember Tierney asked if a specific location is proposed. Mr. Kirox stated no specific location has been identified. Mayor Bergman suggested that this issue be discussed on the next Council study session agenda. The meeting was adjourned at 6:50 p.m. Ci y Clerk MINUTES REGULAR COUNCIL MEETING MAY 179 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on May 17, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, and Tierney ABSENT: Councilmember Vasiliou STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Meller, and City Clerk Rauenhorst ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the agenda. Motion carried on a roll call vote, four ayes. ITEM 6 CONSENT AGENDA Item 8-C was moved to be discussed as the first item on the agenda, and Items 6-C and 6-L 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. ITEM S -C HENNEPIN COUNTY LIBRARY. ZONING STATUS AND PURCHASE AGREEMENT CLAUSE Community Development Director Dillerud presented the staff report on the zoning status and purchase agreement reversion clause for the Hennepin County public library at 36th Avenue North and Vicksburg Lane. He stated the City Attorney had advised the City that there is language in the Purchase Agreement conveying the site from the City to the County providing the City with the right to reacquire the site for the value of the improvements if, in the future, the building ceases to be used as a public library. The Attorney recommends that additional Regular Council Meeting May 17, 1993 Page 2 language be added to the Purchase Agreement deed stating that "This property is conveyed to the grantee for library purposes only." This methodology was proposed to Hennepin County by letter, and Jim Taplin of the County Property Management Division has verbally concurred in this approach. Director Dillerud stated the purchase agreement has been executed by all parties. Councilmember Edson asked the City Attorney for an opinion on whether a Conditional Use Permit is needed. Attorney Meller concurred with Director Dillerud's recommendation, and stated that the deed covenants will adequately protect the City's interests. He stated this action would not set a precedent for other areas. Councilmember Edson asked about the reversion clause date. Attorney Meller stated the County must begin construction by December 31, 1994 under the reversion clause. The County has agreed to do this. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to direct the City Attorney to add the language to the deed for the library site that "This property is conveyed to the Grantee for library purposes only", and to adopt RESOLUTION 93-255 INTERPRETATION OF THE PLYMOUTH HILLS PUD PLAN TO INCLUDE PUBLIC LIBRARIES AS A PERMITTED USE BETWEEN 36TH AVENUE NORTH AND 37TH AVENUE NORTH. Motion carried on a roll call vote, four ayes. Pat Shannon represented the Hennepin County Library. He briefly described the proposed project and its $3,165,000 budget. He stated a public meeting room with capacity for 75-90 people will be available, and parking for 85 vehicles will be provided. 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 April 26 Study Session and the May 10 Board of Review. Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 3 ITEM 6-B INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR WOODLAND VILLAGE INVESTMENT LMTD. PARTNERSHIP MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-256 AUTHORIZING THE ISSUANCE AND SALE OF $2,790,000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1993 WOODLAND VILLAGE INVESTMENTS LIMITED PARTNERSHIP PROJECT) TO REFINANCE A PROJECT. Motion carried on a roll call vote, four ayes. ITEM 6-C HANS HAGEN HOMES. LAND USE GUIDE PLAN AMENDMENT 93023 Community Development Director Dillerud presented the staff report on the request of Hans Hagen Homes for Land Use Guide Plan Amendment to reclassify 75 acres from Planned Industrial to Low Medium Density Residential located at the northeast corner of County Road 101 and Medina Road and the northwest corner of Medina Road and County Road 24. The Planning Commission recommended denial of this application. At the public hearing, the applicant emphasized that the classification to Planned Industrial took place in 1989 as a part of the overall city-wide Land Use Guide Plan review. The applicant believed that such reclassification was an effort by the City to "balance" the supply of industrially classified property to compensate for other areas of the City that were reclassified from industrial to residential. The Planning Commission's recommendation of denial was based on the following: 1) Location criteria of the Land Use Guide Plan are not specifically met since the resulting land use would place residential adjacent to a major arterial; 2) Land Use reclassification responsive to cyclical market changes is not an appropriate land use planning methodology; 3) There was evidence that the proposed reclassification would negatively influence the ability of School District 284 to provide services to residents of the area to be reclassified as well as existing residents of that school service area; and 4) The balancing of industrial opportunities within a city such as Plymouth was an important aspect considered in 1989, and continues to be so. The Planning Commission also discussed the issue of the land use classification of other properties lying between Highway 55 and Medina Road that are excluded from this application. Staff had advised that it would be illogical to retain the Planned Industrial classification of those other properties should reclassification of the subject site be approved. The result would be that all industrial classified Regular Council Meeting May 17, 1993 Page 4 property between Medina Road and Highway 55 could eventually be reclassified to residential. Hans Hagen stated that two of the Planning Commissioners who recommended denial of this application were active proponents of the land use reclassification in 1989. He agreed that adjacent properties would also likely request reclassification if his request was approved, and noted examples of where other than industrial guided properties abut a major arterial. He stated this site does not meet the criteria for reguiding of industrial sites, and there is no access from this site to County Road 24. Mr. Hagen stated he views this site as an industrial guided "island" in the middle of a residentially guided area, and stated that residential reclassification would make the site consistent with surrounding land uses. He stated that the impact of this proposed development has already been taken into consideration by School District 284. In 1990, the district used projections that generated students from 300 residential sites in this area. Mr. Hagen stated additional residential guided land is needed and, unless reclassification occurs, no further residential areas will be available until the MUSA is extended. He stated a reclassification to residential would provide a more competitive housing market, and there is little current demand for industrial property. Director Dillerud stated there may be some confusion on the 300 housing units projected by School District 284. He believed that the 300 units were from the larger area bounded by Highway 55, County Road 101, and County Road 24. This site would be included within that area. There would be nearly 300 potential units without this proposed development. Councilmember Edson noted the abutting land uses. Councilmember Tierney stated she served on the Planning Commission in 1989 when the overall Land Use Guide Plan review occurred. She felt the reclassification to industrial guiding was appropriate in 1989 and is still appropriate. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-257 DENYING LAND USE GUIDE PLAN AMENDMENT FOR HANS HAGEN HOMES, INC. LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD 24 AND MEDINA ROAD (93023). Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 5 ITEM 6-D SKYLINE DESIGN. INC. AMENDED PUD PLAN AND CUP (93025) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-258 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC. FOR PROPERTY LOCATED AT 1015 WESTON LANE (93025). Motion carried on a roll call vote, four ayes. ITEM 6-E SKYLINE DESIGN. INC. AMENDED PUD PLAN AND CUP (93026) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-259 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC. FOR PROPERTY LOCATED AT 1254 ARCHER LANE (93026). Motion carried on a roll call vote, four ayes. ITEM 6-F RICK LARSON. CUP FOR GASOLINE SERVICE STATION (93032) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-260 APPROVING CONDITIONAL USE PERMIT FOR RICK LARSON AT 9605 36TH AVENUE NORTH, (93032). Motion carried on a roll call vote, four ayes. ITEM 6-G GASOLINE SERVICE STATION LICENSE - RICK LARSON MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-261 APPROVING GASOLINE SERVICE STATION LICENSE FOR RICK S. LARSON, SHERMAN'S SINCLAIR, 9605 36TH AVENUE NORTH. Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 6 ITEM 6-H CITY OF PLYMOUTH. LOT DIVISION AND SUBD. ORDINANCE VARIANCE (93024) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-262 APPROVING LOT DIVISION AND SUBDIVISION ORDINANCE VARIANCE FOR CITY OF PLYMOUTH 93024), for the Ruth Rosendahl property at the northwest corner of the Soo Line Railroad and Pineview Lane. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-263 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR CITY OF PLYMOUTH (93024). Motion carried on a roll call vote, four ayes. ITEM 6-I AACRON INC. LOT DIVISION (93029) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-264 APPROVING LOT DIVISION FOR AACRON, INC. (93029), to divide a site located at the northwest corner of 25th Avenue North and Cheshire Lane. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-265 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR AACRON, INC. (93029). Motion carried on a roll call vote, four ayes. ITEM 64 HANS HAGEN HOMES. PUD FINAL PLAN/PLAT FOR SEVEN PONDS 6TH ADDITION (93031) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-266 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR HANS HAGEN HOMES FOR A MIXED USE PLANNED UNIT DEVELOPMENT FOR "SEVEN PONDS 6TH ADDITION" LOCATED AT THE SOUTHWEST CORNER OF NEW MEDINA ROAD AND DUNKIRK LANE (93031) (MPUD 92-1). Regular Council Meeting May 17, 1993 Page 7 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-267 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR HANS HAGEN HOMES FOR A MIXED USE PLANNED UNIT DEVELOPMENT FOR "SEVEN PONDS 6TH ADDITION" LOCATED AT THE SOUTHWEST CORNER OF NEW MEDINA ROAD AND DUNKIRK LANE (93031) (MPUD 92-1). Motion carried on a roll call vote, four ayes. ITEM 6-K MJM HOMES, INC. LOT DIVISION (93036) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-268 APPROVING DIVISION OF PLATTED PROPERTY FOR MJM HOMES, INC. FOR PROPERTY LOCATED AT 275/277 BERKSHIRE LANE (93036). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-269 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO DIVISION OF PLATTED PROPERTY FOR MJM HOMES, INC. FOR PROPERTY LOCATED AT 275/277 BERKSHIRE LANE (93036). Motion carried on a roll call vote, four ayes. ITEM 6-L PLYMOUTH PARTNERS H. ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PLYMOUTH TECHNOLOGY PARK (91031) Councilmember Helliwell stated she has concerns with a statement in the staff report that the I-494/Schmidt Lake Road interchange shown on the project plans for Plymouth Technology Park has not as yet been approved by the Minnesota Department of Transportation. She stated that residents have expressed concern about increased traffic in area neighborhoods if this interchange is not constructed and if the Council continues to approve development in the area. She does not believe the roadway system will be in place to support the businesses in Plymouth Technology Park. Councilmember Helliwell asked when the County Road 9/ Fernbrook Lane intersection will be improved, and whether County Road 9 will be widened as part of that project. Regular Council Meeting May 17, 1993 Page 8 Public Works Director Moore stated the intersection improvements are proposed for 1995 construction in the County's Capital Improvement Program. County Road 9 is proposed to be widened from I-494 westerly to the existing four -lane roadway in the Downtown Plymouth area. He stated that the Department of Transportation has indicated that the proposed I-494/Schmidt Lake Road interchange would not meet the spacing criteria of a one mile minimum distance between interchanges. This is incorrect and a letter will be sent to the Department of Transportation indicating that the distance from 1-494/Schmidt Lake Road interchange would be 1 mile to the County Road 9 interchange and 1.25 miles to the County Road 10 interchange. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-270- DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MARCH 22, 1993, FOR THE PROJECT PROPOSED BY PLYMOUTH PARTNERS H FOR PLYMOUTH TECHNOLOGY PARK" (91031). Motion carried on a roll call vote, four ayes. ITEM 6-M NEDEGAARD CONSTRUCTION. FINAL PLAT/PLAN AND SITE PLAN AMENDMENT FOR COURTYARDS OF FRENCH CREEK (93034) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-271 APPROVING RPUD FINAL PLAN/FINAL PLAT AND DEVELOPMENT CONTRACT FOR NEDEGAARD CONSTRUCTION FOR COURTYARDS OF FRENCH CREEK LOCATED SOUTHWEST OF ROCKFORD ROAD AND LARCH LANE (93034). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-272 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO RPUD FINAL PLAN/PLAT FOR NEDEGAARD CONSTRUCTION FOR COURTYARDS OF FRENCH CREEK LOCATED SOUTHWEST OF ROCKFORD ROAD AND LARCH LANE (93034). Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 9 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-272A ADOPTING ASSESSMENTS FOR CITY PROJECT NO. 319, SANITARY SEWER AND WATERMAIN AREA, COURTYARDS OF FRENCH CREEK. Motion carried on a roll call vote, four ayes. ITEM 6-N WAYNE LYNCH. CUP FOR HOME OCCUPATION (93027) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-273 APPROVING CONDITIONAL USE PERMIT FOR WAYNE B. LYNCH JR. FOR A PERFUME -COLOGNE DISTRIBUTORSHIP AT 14310 -18TH AVENUE NORTH (93027). Motion carried on a roll call vote, four ayes. ITEM 6-0 RECONVEYANCE TO STATE OF PROPERTY OBTAINED THROUGH TAX FORFEITURE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-274 RECONVEYING CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS. Motion carried on a roll call vote, four ayes. ITEM 6-P SET HEARING ON LIQUOR LICENSE FOR CHANGE IN OWNERSHIP - IVORIES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-275 SETTING PUBLIC HEARING ON ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE APPLICATIONS FOR JIMWIN INC., D/B/A IVORIES RESTAURANT, 605 NORTH HIGHWAY 169, SUITE 150. Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 10 ITEM 6-O GARBAGE HAULER LICENSE - DAVE'S SANITATION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-276 APPROVING GARBAGE HAULER LICENSE FOR DAVE'S SANITATION. Motion carried on a roll call vote, four ayes. ITEM 6-R SET HEARING FOR VACATION OF EASEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-277 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT, LOT 6, BLOCK 4, BASS LAKE ESTATES ADDITION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-278 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF SHENANDOAH LANE STREET RIGHT-OF-WAY AND ADJACENT DRAINAGE AND UTILITY EASEMENTS ABUTTING OUTLOTS N AND R, PARKERS LAKE NORTH 2ND ADDITION. Motion carried on a roll call vote, four ayes. ITEM 6-S DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-279 REDUCING DEVELOPMENT BOND, PLYMOUTH POINTE ADDITION (92034). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-280 REDUCING DEVELOPMENT BOND, PINE RIDGE AT BASS LAKE ADDITION (86147). Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 11 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-281 REDUCING DEVELOPMENT BOND, CHURCHILL FARMS 5TH ADDITION (93005). Motion carried on a roll call vote, four ayes. ITEM 6-T AWARD CONTRACT FOR COUNTY ROAD 241MEDINA ROAD IMPROVEMENTS, PROJECT 031 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-282 AWARDING BID, COUNTY ROAD 24/MEDINA ROAD - PHASE I, CITY PROJECT NO. 031. Motion carried on a roll call vote, four ayes. ITEM 6-U ADOPTING ASSESSMENTS FOR VFW UTILITIES. PROJECT 211 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-283 ADOPTING ASSESSMENTS, PIN 7- 118-22-32-0010, PLYMOUTH VFW POST 5903 - SEWER AND WATER SERVICES IMPROVEMENT, CITY PROJECT NO. 211. Motion carried on a roll call vote, four ayes. ITEM 7-A BANNER ENGINEERING INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS Mayor Bergman opened a public hearing at 8:00 p.m. on the request of Banner Engineering for refunding of industrial development revenue bonds. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA (THE "CITY") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY'S INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS BANNER ENGINEERING CORP. PROJECT) SERIES 1993A AND SERIES 1993B (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS. Regular Council Meeting May 17, 1993 Page 12 Motion carried on a roll call vote, four ayes. ITEM 8-A LAUKKA-WILLIAMS PARKERS LAKE. MPUD PREL. PLAN/PLAT AND CUP FOR PARKERS LAKE NORTH 9TH ADDITION (93028) Community Development Director Dillerud presented the staff report on the application of Laukka-Williams Parkers Lake for Mixed Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for "Parkers Lake North 9th Addition" located northeast and southeast of the intersection of Shenandoah Lane and Vicksburg Lane. The proposed development would be 183 townhouse style dwelling units on 56 acres. The Planning Commission recommended approval of this request. He stated the Planning Commission discussed that the applicant proposes to adjust densities within the outlots of the approved Parkers Lake MPUD to move units from the north part of the area to be now developed to the south part. A portion of the north part will be designated an outlot for future development in which 34 dwelling units will remain assigned after utilization of the dwelling units available by the approved MPUD Plan in the other two areas. It was a concern of staff that this outlot area of only 34 dwelling units would result in a net density of less than 3 units per net acre. The approved PUD Concept Plan calls for this area to have a density well in excess of 3 units per net acre. It is the intention of the developer to work with the owner of high density property immediately to the east to move units from this high density to fill out the density on the parcel that will remain as an outlot in the fixture. However, should this negotiation not be fulfilled, the 34 units would be all that would be available to the developer in the future. The Planning Commission was satisfied with the developer's statements that he was fully aware of the consequences regarding a mere 34 units in the outlot that will remain within Parkers Lake North 9th Addition. As a result of change in wetland definitions, the developer made commitments as a part of an earlier subdivision (Parkers Lake North 7th Addition) for wetland mitigation elsewhere on the Parkers Lake North PUD. It had been understood by the Park Director that the arrangements were for additional wetlands to be created on the neighborhood park site adjacent to this now proposed development location in return for construction of a trail surrounding the wetland area, which had not been a part of the previously approved PUD Plan. The developer states that he had not agreed to that and is unwilling to construct the trail. Because of this disagreement with regard to the trail arrangements, staff suggested that it may be necessary to provide wetland mitigation within the Parkers Lake North 9th Addition, as no area for mitigation other than within the park may be available. Subsequent to the Planning Commission meeting, however, a revised arrangement has been entered into between the Park Director ad the developer for Regular Council Meeting May 17, 1993 Page 13 an alternative plan whereby additional land would be dedicated to the City for park purposes at another location. The Planning Commission also recommends an amendment to the Engineer's Memo to waive construction of B612 curb on the interior roadways of the project, consistent with prior development standards for other Laukka townhouse projects in Parkers Lake North. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-285 APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT AND SUBDIVISION ORDINANCE VARIANCE FOR LAUKKA-WILLIAMS PARKERS LAKE LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF SHENANDOAH LANE AND VICKSBURG LANE (93028) (MPUD 83-1), including the alternate plan agreed to the Park Director and the developer for wetland mitigation purposes. Motion carried on a roll call vote, four ayes. ITEM 8-E FENCE/LANDSCAPING ALONG NORTHWEST BLVD. ADJACENT TO HUBBELL PROPERTY, 12935 54TH AVENUE NORTH Public Works Director Moore requested that the Council determine whether to modify their original terms for constructing a landscaping fence along the portion of Northwest Blvd. south of 54th Avenue adjacent to the Hubbell property. He recommended that a six foot high wood fence with plantings be constructed adjacent to the Hubbell property only if the Hubbells agree in writing to accept the ownership of the fence for future maintenance, etc., as previously established by the Council. He stated that following the Council's previous approval of a fence and landscaping abutting four properties along Northwest Blvd., three of the four property owners signed an agreement to accept ownership of the fence for future maintenance. However, Alan and Vicky Hubbell, 12935 54th Avenue, substantially modified the proposed agreement and returned it to the City. The Hubbell's have requested that a determination be made now as to whether their modified agreement is acceptable to the Council so that the fence construction can be done along with the railroad bridge construction in the fall of 1993. The Hubbell's have requested that: 1) The City clear, sod, and landscape the existing natural area between the fence and the existing maintained yard; 2) The fence not be considered as to property value; 3) The property owner not be responsible for maintenance due to violent weather or vehicle damage; and 4) The homeowner has no liability from third parties. Mayor Bergman stated there is also a large crack and dip in the Hubbell's driveway resulting from construction that he believes the City should correct. Regular Council Meeting May 17, 1993 Page 14 Vicky Hubbell, 12935 54th Avenue North, stated that she believes the City, through a letter dated February 26, 1993, agreed to do certain work in exchange for the Hubbell's granting right-of-way for construction purposes. She concurred with the Mayor's comments with respect to the driveway, and stated an earlier staff letter indicated there would be "no visible seams" in the driveway. Ms. Hubbell stated the City also indicated the house foundation would be checked prior to construction, the tree drip line would be marked, and the unmaintained area would be cleared and sodded for easier maintenance. She stated that ownership of the fence was not mentioned in the Council's earlier action, and her insurance agent stated her current policy would not cover the fence. Councilmember Edson asked if the fence construction abutting the other three properties is on the property line. Public Works Director Moore stated the other property owners requested that City property be vacated so that the fence could be installed 11 feet further toward the street than was originally proposed. That proposal and the vacation has been approved by the City Council. Councilmember Edson stated that it appears the Hubbell fence would be on City property. He questioned if it was appropriate to require private property ownership of a fence on public property. Director Moore stated staff would recommend that the property line be extended to the proposed location of the fence. The City would deed the property to the Hubbell's, as they did to the other three affected property owners. Councilmember Tierney stated the Council's clear intent when approving the fence was that the abutting property owners would assume maintenance of the fence. Councilmember Edson stated the City does not want long-term obligation for the fence. This is an offer made by the City to the property owner, and the property owner needs to decide whether to accept it. The alternative is that the City will not construct the fence. He stated the conditions need to be the same as they were for the other three properties affected by the fence. Mrs. Hubbell stated the Council's earlier motion related to maintenance; not ownership. She stated the proposed agreement discussed ownership of the fence, but not have additional property deeded to the property owner. She also stated the City indicated it would clear and sod the natural area abutting the fence for easier maintenance by the property owner. Regular Council Meeting May 17, 1993 Page 15 Director Moore suggested that this area be left in its natural state for screening purposes until the roadway grading is completed. The property owner can then decide if they would prefer to retain the natural area or have the area cleared. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to approve the following: 1) City will install the fence as indicated on the current plan with the condition that the property owner accept ownership and maintenance of the fence, as well as ownership of the property between the current property line and proposed fence location; 2) City will clear and/or sod the natural area between the current property line and the proposed fence location following grading of the roadway at the discretion of the property owner; 3) City will install a drip line around the trees; 4) City will inspect the house foundation prior to road construction; 5) City will repair or replace the driveway at the discretion of the property owner; 6) City will initiate proceedings to declare the property between the current property line and the proposed fence location as surplus in order to deed it to the property owner. Motion carried on a roll call vote: three ayes; Helliwell abstained. ITEM 8-11 OPTIONS FOR PROPOSED CITY CENTER EXPANSION Mike Trossen, Trossen-Wright Architects, reviewed the needs study for the City Center conducted in 1991 and noted the study contemplated needs to the year 2011. On March 29, 1993, the Council was briefed on various options available for the City Center expansion. The options that received the most consideration were completing the project as designed, completing the major construction but not finishing the lower level section until space requirements prove need, and utilizing the space vacated by the Public Safety Department only. Mr. Trossen stated that the current estimate for the project as designed is 3,093,200, or about $75,000 less than the previous estimate. This is due to the favorable bidding climate. Property Management Coordinator Tabery recommended that the City Council accept the construction drawings and specifications for the City Center expansion project. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-286 ACCEPTING CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR CITY CENTER EXPANSION PROJECT. Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 16 Coordinator Tabery recommended that the Council authorize staff to solicit bids for construction of the City Center expansion. He stated the Council will have firm information on the bidding market from which to make a decision whether to proceed with the project. He stated the Council could accept bids for the entire project or phased construction. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-287 AUTHORIZATION FOR PHASED CONSTRUCTION OF CITY CENTER EXPANSION. Councilmember Edson noted that the proposed resolution does not specify a construction alternative. He suggested that several options could be bid. MOTION to amend the main motion was made by Councilmember Edson, seconded by Councilmember Tierney, to seek bid alternates to determine the cost of the full project as planned, and to also cost each of the following options separately: 1) Building the addition, but finishing only the upper floor of the new addition; and 2) Remodeling of all existing spaces, including the old public safety space on the lower level. Mayor Bergman asked for how long the bids are good once they are received. Mr. Trossen stated that typically the City specifies 90 to 120 days; however, the City could specify a longer time. Mayor Bergman noted that this is an election year where the City Council will be expanded to seven members. He would prefer that the larger Council have the opportunity to make this decision. Councilmember Tierney asked about the time frame for the bidding process. Coordinator Tabery stated the architect would first modify the plans to comply with the direction of the Council with respect to options; then bids would be advertised, received, and presented to the Council for consideration. The process could take about three months, or it could be extended to six months or longer. Manager Johnson asked the architect whether a six month or longer process could affect the bids. Mr. Trossen stated that inflation would increase the bids. Also, additional costs with winter construction could amount to an additional 2-3% of the total project cost. Regular Council Meeting May 17, 1993 Page 17 Councilmember Edson asked when construction could start if the Council proceeded with the bidding process now. Mr. Trossen estimated that bids could be received in July, with construction starting about September. Motion to amend carried on a roll call vote, three ayes; Bergman nay. Main motion as once amended carried on a roll call vote, three ayes; Bergman nay. ITEM 8-D SET PUBLIC IMPROVEMENT HEARINGS - PROJECT 308 AND 310 Public Works Director Moore recommended that the Council establish a public improvement hearing on the following projects: 1) New County Road 9 from Vicksburg Lane to Highway 55, Project No. 310; and 2) Dunkirk Lane from Old Rockford Road to New County Road 9, Project No. 308. He stated that the Council discussed assessment alternatives for these projects on May 3. In response to questions raised by affected property owners at that meeting, he explained that the City will not receive money from Hennepin County for the construction. Although New County Road 9 will become part of the County system after its construction, at the present time it is not part of the County's plans to construct the roadway within the next five years. It has been the City's position that the necessary roadway system should be in place concurrently with the development of the area. Director Moore described the method used in determining the $100 per front foot proposed assessment. He stated as part of the overall assessment method, the Council could include costs of right-of-way dedication from the developer for County Road 9. He stated that staff would recommend adding the office area at the northwest corner of Vicksburg Lane and Highway 55 to the public improvement hearing notice. He suggested that the Council establish a public improvement hearing on the projects. No estimated assessments other than the total amount proposed to be assessed would be presented prior to the public improvement hearing. After the hearing, the Council would then make a determination on the assessment method. Fred Lips, 14405 38th Avenue North, stated concerns that County Road 9 at Fernbrook Lane is not scheduled for reconstruction until 1995. He questioned how this project can move forward without the intersection improvements at Fernbrook Lane. He also stated concerns that the I-494/Schmidt Lake Road interchange is not currently scheduled for construction. Regular Council Meeting May 17, 1993 Page 18 Director Moore stated the City has requested that the County upgrade County Road 9 for years. He stated that preliminary plats have been approved in the proposed project area, and it is important that the improvements are in before construction begins. He stated that construction of this portion of County Road 9 may place additional pressure on the County to reconstruct the remainder of County Road 9. Bill Pritchard, Orrin Thompson Homes, supported the Council establishing a date for the public improvement hearing. He also supported the staff recommendation that the office property at Vicksburg Lane and Highway 55 be included for public hearing notice purposes. He stated he would like more definitive assessment costs on a per foot basis. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-288 CALLING FOR HEARING ON IMPROVEMENTS, NEW COUNTY ROAD 9 - VICKSBURG LANE TO HIGHWAY 55, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 310. Rick Sathre, Sathre-Bergquist Inc., represented the Sugar Hills developers. He supported the public hearing date being established. He stated the Sugar Hills developers support the idea that some type of area assessment is appropriate because they feel the actual abutting owners are negatively benefited by the project. They support the per lot assessment approach but believe it should be modified to decrease the assessment to lots within a certain distance of Dunkirk Lane and County Road 9. He stated that lots dependent on the roadway for access should be levied a higher assessment, and right-of-way dedication and previous assessments paid for improvements should be considered as some type of credit to the assessments. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-289 CALLING FOR HEARING ON IMPROVEMENTS, DUNKIRK LANE - STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 308. Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 19 ITEM S -F EAW/ALIGNMENT STUDY, SCHMIDT LAKE ROAD/PEONY LANE FROM VICKSBURG LANE TO HIGHWAY 55 PROJECT 316 Public Works Director Moore stated the Capital Improvement Program indicates for 1995 the construction of Schmidt Lake Road westerly of Vicksburg Lane, and then southerly along the existing alignment of Peony Lane to intersection with Highway 55. Before development proposals are received within this area, a final alignment needs to be determined for the roadway. In accordance with State regulations, an Environmental Assessment Worksheet (EAW) is required. The Council previously requested proposals from Strgar-Roscoe-Fausch, Inc., and Bonestroo Rosene Anderlik and Associates to undertake this study. The consultants were requested to submit a proposal to analyze two alternate alignments, along with a no build analysis. The proposal received from Bonestroo Rosene Anderlik and Associates does not include the no build alternative. He recommended authorizing Strgar-Roscoe-Faust Inc., to prepare the necessary alignment/EAW study for this roadway segment. Their proposal included the no build alternative and they proposed a cost not to exceed $45,000. Richard Bloom, 14600 Woodruff Road, Wayzata, represented Weston Corporation. He supported authorizing Strgar-Roscoe-Faust Inc., to prepare the study so the improvements can move forward in a timely manner. Joe Domagala, 17705 County Road 24, asked if the roadway could be aligned to avoid impact to the Hollydale Golf Course. Director Moore stated he has spoken with one of the golf course owners. The golf course property will likely be affected because the roadway would have to otherwise cross the railroad tracks. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-290 AUTHORIZING PREPARATION OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) AND ALIGNMENT STUDY, SCHMIDT LAKE ROAD/PEONY LANE FROM VICKSBURG LANE TO HIGHWAY 55, CITY PROJECT NO. 316. Motion carried on a roll call vote, three ayes; Helliwell nay. Regular Council Meeting May 17, 1993 Page 20 ITEM 8-G AUTHORIZE PRELIMINARY ENGINEERING REPORT FOR HOLLYDALE WATER TOWER, PROJECT 212 Public Works Director Moore presented the staff report and recommended that the Council authorize Bonestroo, Rosene, Anderlik and Associates to prepare the Preliminary Engineering Report for the proposed water tower as indicated in the City's Comprehensive Water Plan at Vicksburg Lane and Schmidt Lake Road. Richard Bloom, representing Weston Corporation, spoke in favor of the recommendation. He stated that he is pleased that the recommended firm will take aesthetic considerations into account during design. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-291 ORDERING PREPARATION OF PRELIMINARY REPORT, HOLLYDALE WATER TOWER, CITY PROJECT NO. 212. Motion carried on a roll call vote, four ayes. ITEM 9-A 1993 AGREEMENT WITH THE CLERICAL, TECHNICAL PROFESSIONAL BARGAINING UNIT Personnel Coordinator Sobania presented the proposed labor agreement between the City and AFSCME, Local 3839, representing Clerical, Technical, and Professional employees. She compared the provisions of the proposed contract with the personnel policy, and described the budget impact for 1993. This is a one-year contract. Councilmember Edson stated the Council favored a one-year contract for 1993 due to the uncertainty of proposals at the legislature to freeze or otherwise affect local government wages. Councilmember Helliwell she would support efforts in future years to get multi- year contracts. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-292 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH CLERICAL, TECHNICAL, AND PROFESSIONAL EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 3839, FOR THE CALENDAR YEAR 1993. Motion carried on a roll call vote, four ayes. Regular Council Meeting May 17, 1993 Page 21 ITEM 9-B STATE AUDITOR PROPOSAL TO INVESTIGATE EMPLOYEE COMPENSATION PRACTICES Manager Johnson stated a proposal has been received from the State Auditor to investigate employee compensation practices. The investigation would: 1) Determine the recipients of the questionable compensation items; 2) Determine the period of time in which the questionable compensation has been in effect; 3) Ascertain where the payments are included in reports to the City Council, as well as to other third parties; and 4) Determine what authority and approval was given for the payments. There would be no charge for the investigative services or work performed by the State Auditor's office; however, an outside consultant would be paid directly by the City at a cost not to exceed $10,000. Manager Johnson stated the cost of a full audit would be at least $20,000. Councilmember Edson expressed concern about using the State Auditor for this investigation because the proposal does not address whether recommendations on the City's internal controls and accounting procedures will be made following the investigation. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION 93-293 ACCEPTING THE PROPOSAL BY THE MINNESOTA STATE AUDITOR'S OFFICE TO CONDUCT A SPECIAL INVESTIGATION INTO THE EMPLOYEE COMPENSATION PRACTICES OF THE CITY OF PLYMOUTH, with the condition that specific recommendations for improving internal controls and accounting procedures be made by the State Auditor, if warranted, at the conclusion of the investigation. Motion carried on a roll call vote, four ayes. ITEM 9-C APPROVAL OF DISBURSEMENTS Finance Director Hahn explained format changes to the disbursements report. A brief invoice description is now provided for each item. Items such as maintenance agreement payments, Section 8 payments, recreation program and other refunds, attorney billings, and utility payments will be paid as received. Items such as payments for auditor services, conference registration and hotel deposits if there is sufficient lead time, and insurance, will be presented to the Council for approval before payment. He asked that the Council provide direction if further revisions to the disbursement reports or process is desired. Regular Council Meeting May 17, 1993 Page 22 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-294 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 7, 1993. Motion carried on a roll call vote, four ayes. ITEM 9-D PROJECT STATUS REPORT Public Works Director Moore presented the project status report. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to accept the Project Status Report. Motion carried, four ayes. ITEM 9-E INSURANCE CLAIMS REPORT Finance Director Hahn presented the quarterly insurance claims report. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to accept the insurance claims report. Motion carried, four ayes. ITEM 9-F CITY COUNCIL INFORMATION MEMORANDUM Manager Johnson reminded the Council of the Bass Lake Playfield Grand Opening on May 19 and the registration deadline for the League of Minnesota Cities Annual Conference. He stated that the proposal for a youth center discussed earlier at the Forum will be added to the topics for the May 24 Council study session. Mayor Bergman suggested that the Council should consider how best to market the former library property, perhaps in conjunction with the re-established Port Authority. He requested that staff provide a report on this topic. Manager Johnson reported that the 30 days in which Cavanaugh could reclaim the property has expired. Attorney Meller stated the cost of the site is still under appeal by both parties. The meeting was adjourned at 10:16 p.m. nuc, L e z 12 9 i Clerk