HomeMy WebLinkAboutCity Council Minutes 08-02-1993MINUTES
REGULAR COUNCIL MEETING
AUGUST 2, 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
August 2, 1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and
Vasiliou
ABSENT: None
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Acting Community Development Director
Ryan, Public Safety Director Gerdes, Finance Director Hahn, City
Attorney Meller, and City Clerk Rauenhorst
ITEM 4-A CERTIFICATE OF APPRECIATION TO ANN PILARSKI
Mayor Bergman presented a Certificate of Appreciation to Ann Pilarski, a senior at
Wayzata High School. He stated that Ms. Pilarski developed a proposal for a
sleep over" to raise money for the homeless efforts of InterFaith Outreach,
involved other students, and gained approval for the sleep over from school
administrators. The event raised over $2,000 and called attention to the issue of
homelessness in the northwest suburbs.
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, five ayes.
ITEM 6 CONSENT AGENDA
Items 6-E and 6-R were removed from the Consent Agenda.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to approve the Consent Agenda as amended.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 2
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to approve the minutes of the regular Council meeting of July 12, the
Study Session of July 19, and the Forum of July 19.
Motion carried on a roll call vote, five ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-412 APPROVING DISBURSEMEN
FOR THE PERIOD ENDING JULY 21, 1993.
Motion carried on a roll call vote, five ayes.
ITEM 6-C NEW CENTURY HOMES, INC. FINAL PLAT AND
DEVELOPMENT CONTRACT FOR KIMBERLY WOODS (93018)
MOTION was made by Councilmember Tierney, seconded by Councihnember
Helliwell, to adopt RESOLUTION 93-413 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR NEW CENTURY HOMES, INC. FOR
KIMBERLY WOODS" LOCATED SOUTHWEST OF HOLLY LANE
AND OLD ROCKFORD (93018)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-414 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
NEW CENTURY HOMES, INC. FOR "KIMBERLY WOODS" LOCATED
SOUTHWEST OF HOLLY LANE AND OLD ROCKFORD ROAD (93018)
Motion carried on a roll call vote, five ayes.
ITEM 6-D WAYNE WILLENBERG. CUP FOR AMATEUR RADIO ANTENNA
93056
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-415 APPROVING CONDITIONAL
USE PERMIT FOR WAYNE WILLENBERG, LOCATED AT 5555
VAGABOND LANE NORTH (93056)
Regular Council Meeting
August 2, 1993
Page 3
Motion carried on a roll call vote, five ayes.
ITEM 6-E TOBIN REAL ESTATE. PUD PRELIMINARY PLAN
AMENDMENUMASTER SIGN PLAN FOR WEST SUBURBAN HEALTH
CAMPUS (93059)
Councilmember Vasiliou stated that her concerns with this request relate to the
lack of discussion at the Planning Commission meeting and with abutting residents
regarding the proposed helicopter pad. She stated that during the neighborhood
meetings, reference was made to a possible helicopter pad on the site; however, no
definite proposal for the helicopter pad has been described to the neighborhood.
She asked how property owners were advised of the Planning Commission
meeting.
Associate Planner Keho stated that staff renotified all property owners within a
500 foot distance of the property, as well as posted signs on the site.
Councilmember Vasiliou requested that in the future, staff notify individuals who
spoke at previous public hearings, as well as meeting the legal requirements for
notification.
Councilmember Vasiliou stated in addition to the helicopter pad, she has concerns
that no response has been received from the applicant regarding previous
indications that community services could be provided through the facility, perhaps
through an organization such as InterFaith Outreach. Councilmember Vasiliou
stated she is supportive of having the Suburban Health Campus in the City of
Plymouth, but she is concerned that if these problems are not addressed initially,
they could reoccur.
Councilmember Edson stated that the Planning Commission added a condition to
the approving resolution requiring that the helicopter pad be used only for
emergency use and that helicopters would not be based at the site. He asked the
applicant to explain what would constitute emergency use.
Tom Sexton, Tobin Real Estate Company, stated the helicopter would be used
very little during the first phase, if at all. He stated the helicopter pad was included
in this original proposal so that abutting residents would be aware of it from the
beginning. Mr. Sexton stated the only use for the helicopter would be to evacuate
someone from the center to a more intensive facility, likely due to complications
during surgery. He stated it would be used only in life threatening situations, and
the helicopter would not be parked at the Suburban Health Campus.
Councilmember Vasiliou expressed concern that sufficient discussion has not
occurred on the helicopter issue with area residents. She noted that approval of
Regular Council Meeting
August 2, 1993
Page 4
the amended PUD Preliminary Plan will approve the helicopter landing pad for this
site.
Councilmember Tierney asked if there are helicopter pads at the two hospitals
associated with the West Suburban Health Campus.
Mr. Sexton responded that North Memorial Hospital has a helicopter on site. It is
located in a residential area, and there has not been negative resident reaction to
the helicopter.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-416 APPROVING AMENDED MIXED
PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN FOR TOBIN
REAL ESTATE COMPANY, LOCATED AT THE NORTHWEST
CORNER OF HIGHWAY 55 AND NORTHWEST BOULEVARD (93059)
Motion carried on a roll call vote, four ayes, Vasiliou nay.
ITEM 6-F OPUS CORPORATION. PUD FINAL PLAN AMENDMENT FOR
TWIN CITY FAN AND BLOWER (93060)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-417 APPROVING MPUD FINAL
PLAN AMENDMENT FOR OPUS CORPORATION LOCATED AT 5959
TRENTON LANE (93060)
Motion carried on a roll call vote, five ayes.
ITEM 6-G GLEN AND PATRICE OLANDER-OUAMME. CUP FOR HOME
OCCUPATION (93061)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-418 APPROVING CONDITIONAL
USE PERMIT FOR GLEN AND PARTICE OLANDER-QUAMME,
LOCATED AT 10750 55TH PLACE NORTH (93061)
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 5
ITEM 6-H JANCO, INC. PRELIMINARY PLAT (93062)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-419 APPROVING PRELIMINARY
PLAT FOR JANCO, INC. FOR CAVAN MEADOWS, LOCATED AT THE
SOUTHWEST CORNER OF OLD ROCKFORD ROAD AND DUNKIRK
LANE (93062)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt ORDINANCE 93-11 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE
SOUTHWEST CORNER OF OLD ROCKFORD ROAD AND DUNKIRK
LANE NORTH AS R-111 (LOW DENSITY RESIDENTIAL DISTRICT)
93062)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-420 SETTING CONDITIONS TO BE
MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR JANCO, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF OLD ROCKFORD ROAD AND DUNKIRK LANE (93062)
Motion carried on a roll call vote, five ayes.
ITEM 6-I 918 PLYMOUTH PARTNERS IL REDUCTION OF SITE
PERFORMANCE GUARANTEE (90011)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-421 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR 918 PLYMOUTH
PARTNERS H FOR PROPERTY LOCATED AT ROCKFORD ROAD AND
HIGHWAY 169 (90011)
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 6
ITEM 6-J KELLER AND MALINSKY. LOT DIVISION/LOT
CONSOLIDATION (93071)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-422 APPROVING LOT
DIVISION/LOT CONSOLIDATION FOR KELLER/MALINSKY (93071)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-423 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION/CONSOLIDATION FOR KELLER/MALINSKY OF PLATTED
PROPERTY IN "LAKE PARK HEIGHTS" AND AUDITORS
SUBDIVISION 333 LOCATED IN THE 3000 BLOCK OF EAST
MEDICINE LAKE BOULEVARD (93071)
Motion carried on a roll call vote, five ayes.
ITEM 6-K AWARD BIDS FOR ROOF REPAIR AND REPLACEMENT
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-424 APPROVING AWARDING BID -
ROOF REPLACEMENT AND REPAIR AT VARIOUS CITY BUILDINGS.
Motion carried on a roll call vote, five ayes.
ITEM 6-L DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-425 REDUCING DEVELOPMENT
BOND - CHURCHILL FARMS 5TH ADDITION (93005)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-426 REDUCING DEVELOPMENT
BOND - SUNSET VALLEY HOMES 2ND ADDITION (91051)
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 7
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-427 REDUCING DEVELOPMENT
BOND - HERITAGE WOODS ESTATES ADDITION (89008)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-428 REDUCING DEVELOPMENT
BOND - BRIDLEWOOD FARM ADDITION (90028)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-429 REDUCING DEVELOPMENT
BOND - BRIDLEWOOD FARM ADDITION (90028)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-430 REDUCING DEVELOPMENT
BOND - FORSTER PRESERVE ADDITION (92090)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-431 REDUCING DEVELOPMENT
BOND - SWAN LAKE SOUTH ADDITION (92112)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-432 REDUCING DEVELOPMENT
BOND - NORTHFORK ADDITION (89061).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-433 REDUCING DEVELOPMENT
BOND - IRON HORSE ESTATES ADDITION (91060)
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 8
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-434 REDUCING DEVELOPMENT
BOND - BOULDER CREST ADDITION (90095)
Motion carried on a roll call vote, five ayes.
ITEM 6-M APPROVING REVISED JOINT POWERS AGREEMENTS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-435 APPROVING AMENDED JOINT
POWERS AGREEMENT FOR THE BASSETT CREEK WATERSHED
MANAGEMENT COMMISSION
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-436 APPROVING AN AMENDED
JOINT POWERS AGREEMENT FOR THE ELM CREEK WATERSHED
MANAGEMENT COMMISSION
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-437 APPROVING AN AMENDED
JOINT POWERS AGREEMENT FOR THE SHINGLECREEK
WATERSHED MANAGEMENT COMMISSION
Motion carried on a roll call vote, five ayes.
ITEM 6-N APPROVE FINAL PAYMENT
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-438 REQUEST FOR PAYMENT NO. 6
AND FINAL -1992 STREET RECONSTRUCTION, CITY PROJECT
NO. 201
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-439 REQUEST FOR PAYMENT NO. 2
AND FINAL - NORTH CENTRAL TRUNK SANITARY SEWER -
PHASE H, CITY PROJECT NO. 015
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 9
ITEM 6-0 FINAL ASSESSMENTS FOR BRIDLEWOOD FARMS 2ND
ADDITION, PROJECT 206
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-440 ADOPTING ASSESSMENTS -
BRIDLEWOOD FARMS 2ND ADDMON - STREET IMPROVEMENTS,
CITY PROJECT NO. 206
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-441 ADOPTING ASSESSMENTS -
BRIDLEWOOD FARMS 2ND ADDITION - UTILITIES
IMPROVEMENTS, CITY PROJECT NO. 206
Motion carried on a roll call vote, five ayes.
ITEM 6-P AWARD CONTRACT FOR 1993 SEALCOAT PROGRAM
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-442 AWARDING BID - 1993
SEALCOAT PROGRAM.
Motion carried on a roll call vote, five ayes.
ITEM 6-0 APPROVE INSTALLATION OF STOP SIGNS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-443 INSTALLATION OF STOP
SIGNS.
Motion carried on a roll call vote, five ayes.
ITEM 6-R LAUKKA-WILLIAMS PARKERS LAKE. MPUD FINAL
PLAN/PLAT FOR PARKERS LAKE NORTH 9TH ADDITION (MPUD 83-1)
93067
Manager Johnson stated that Laukka-Williams Parkers Lake has submitted a
revised plat application which would provide for a Parkers Lake North 9th
Addition and Parkers Lake North 10th Addition. This would alleviate concerns
regarding the time period that Hennepin County would require in the vacation
process of Shenandoah Lane, but enable Parkers Lake North 9th Addition to be
recorded with the County. Other than splitting the site into two plats, this plat
Regular Council Meeting
August 2, 1993
Page 10
conforms with the previously approved Parkers Lake 9th Addition. He stated that
staff has held discussions with Mr. Laukka over the last week regarding whether
the Council intended that the plat would be recordable, or actually recorded at
Hennepin County,
Miles Lindberg, BRW, Inc., represented Mr. Laukka. Mr. Lindberg stated the
applicant is interested in obtaining four building permits as quickly as possible. He
requested that conditions number 8 and 26 in the approving resolution be amended
to provide that four building permits could be issued prior to the filing and
recording of the final plat with Hennepin County, now that a recordable plat will
have been approved by the Council.
Manager Johnson stated it is the staffs interpretation of condition 8 that as long as
the applicant has filed the plat with Hennepin County, and provided the receipt to
City staff indicating the same, the four building permits could be issued. Staff
would consider the receipt as proof of filing by the developer, and would not
require a delay until the filing process was completed at Hennepin County.
Councilmember Edson stated he is satisfied with this interpretation, as it addresses
his concerns that it could take up to 45 days to get a recorded document back
from Hennepin County. He stated this would eliminate the delay for the
developer.
MOTION was made by Councihnember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-444 APPROVING FINAL PLAT/PLAN
AND DEVELOPMENT CONTRACT FOR LAUKKA-WILLIAMS
PARKERS LAKE FOR PARKERS LAKE NORTH 9TH ADDITION,
LOCATED AT THE SOUTHEAST CORNER OF SHENANDOAH LANE
AND VICKSBURG LANE (MPUD 83-1) (93067)
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-445 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT/PLAN
FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE
NORTH 9TH ADDITION LOCATED AT THE SOUTHEAST CORNER OF
SHENANDOAH LANE AND VICKSBURG LANE (MPUD 83-1) (93067)
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
August 2, 1993
Page 11
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-445A APPROVING FINAL PLAT/PLAN
AND DEVELOPMENT CONTRACT FOR LAUKKA-WILLIAMS
PARKERS LAKE FOR PARKERS LAKE NORTH 10TH ADDITION
LOCATED AT THE NORTHEAST CORNER OF SHENANDOAH LANE
AND VICKSBURG LANE (MPUD 83-1) (93067).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-445B SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT/PLAN
FOR LAUKKA-W ILLIAMS PARKERS LAKE FOR PARKERS LAKE
NORTH 10TH ADDITION LOCATED AT THE NORTHEAST CORNER
OF SHENANDOAH LANE AND VICKSBURG LANE (MPUD 83-1)
93067).
Motion carried on a roll call vote, five ayes.
ITEM 7-A PUBLIC IMPROVEMENT HEARING ON FERNBROOK LANE
FROM 45TH AVENUE TO SCHMIDT LAKE ROAD, PROJECT NO. 907
Public Works Director Moore presented the staff report on the proposed
improvement of Fernbrook Lane from 45th Avenue to Schmidt Lake Road. He
stated the improvements would consist of watermain, storm sewer, street, and curb
and gutter improvements. The estimated total project cost is $444,260. The
estimated assessment amount for the project is $254,113 with a City cost of
190,147. Mr. Moore stated that it is anticipated that signalization will be
warranted at the Schmidt Lake Road and Fernbrook Lane intersections at some
time in the future. He stated a 48 foot wide street is proposed, with additional turn
lanes and median as it approaches Schmidt Lake Road. He stated that this project
was proposed because of the ordering of the Schmidt Lake Road project from
Northwest Boulevard to Fernbrook Lane. The connection with Fernbrook Lane
and Schmidt Lake Road is a logical addition at this time to provide continuity and
access to developable properties along Fernbrook Lane and Schmidt Lake Road.
Mayor Bergman opened the public improvement hearing on Fernbrook Lane from
45th Avenue to Schmidt Lake Road at 7:33 p.m.
Jerry Fischer, 4630 Fernbrook Lane, stated his assessment is estimated at about
36,000. He asked over how long a period the assessments would be levied.
Regular Council Meeting
August 2, 1993
Page 12
Director Moore stated that the City Council would determine the amount and
period of assessment following the assessment hearing. He stated that typically
these types of assessments are spread over a ten or fifteen year period. The
present interest rate is 8 percent.
Mr. Fischer stated that this property is classified as Green Acres, and he asked if
the assessment amount could be deferred.
Director Moore stated that assessments against Green Acres properties are
automatically deferred, but do accumulate interest each year. When the property is
no longer classified as Green Acres, the assessment is spread over the remaining
assessment term.
Mr. Fischer asked if his business will have access at all times during the street
construction.
Director Moore stated that access will be maintained during construction,
however, temporary access may be moved throughout the construction.
Mayor Bergman closed the hearing at 7:37 p.m.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-446 ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS, FERNBROOK
LANE - STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO.
907.
Motion carried on a roll call vote, five ayes.
ITEM 8-A PETITION FOR NATURAL PRESERVE - 5260 YORKTOWN LANE
Park Superintendent Peterson stated that David Briggs has requested that the City
Council declare a portion of his lot at 5260 Yorktown Lane a natural preserve
under Plymouth City Code. His request for this designation is based on the fact
that his lot is a continuation of a wetland and forested area. Mr. Briggs is
interested in maintaining a buffer and wildlife preserve area adjacent to his home.
Superintendent Peterson stated that he has inspected the parcel and would not
recommend declaration of natural preserves because the proposed site was
originally disturbed through development, the site has logs, brush, concrete, and
uneven altered terrain, and no visible signs exist as to attempts to revegetate the
site other than to allow the area to overgrow. Few or no native types of plants are
evident.
Regular Council Meeting
August 2, 1993
Page 13
Mr. Peterson stated that it has not been the City's policy to enforce weed
ordinances on wetlands or wooded areas, therefore, it would not be necessary to
declare those portions of Mr. Briggs' property as natural areas. He would be in
favor of recommending a natural preserve status for the additional area requested
if Mr. Briggs regraded, amended the soil, and planted the site with native types of
vegetation.
David Briggs, 5260 Yorktown Lane, stated he has moved black dirt onto the site
which he intends to spread over the area. He intends to replant the area, and
stated that it will offer a buffer for the neighborhood from Zachary Lane. He
stated his adjacent neighbors support the natural preserve designation.
Mayor Bergman stated that natural preserve designation is normally granted to
areas that have not been graded and are difficult to maintain. He would not
support a natural preserve designation at this time, however, he would support
consideration of the request at the time that Mr. Briggs restores the site with
prairie grass and/or native plants. Mayor Bergman stated that until such time as a
natural preserve designation is considered by the Council, the property will need to
be maintained according to City ordinance requirements.
Councilmember Tierney stated she visited the site, and suggested that another
alternative would be to plant the area with trees.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to table the request for natural preserves at 5260 Yorktown Lane, to allow the
applicant time to establish native types of vegetation.
Councilmember Tierney stated that this tabling action is rather long-term, as the
Council will likely not consider natural preserve designation until the natural
preserve is established which could be over a year.
Councilmember Vasiliou stated that she will be willing to look at the designation at
the time the project is completed, however, the applicant needs to understand that
until a designation is approved by the Council, the lot must be maintained in
accordance with City ordinances.
Mayor Bergman suggested that it may be more appropriate for the Council to deny
the request for natural preserves at this time and allow the applicant to reapply
when the natural preserve has been established.
Councihnembers indicated that they will support reconsidering this request when
the natural preserve area has been established.
Regular Council Meeting
August 2, 1993
Page 14
SUBSTITUTE MOTION was made by Councilmember Tierney, seconded by
Mayor Bergman, to adopt RESOLUTION 93-447 DENYING A NATURAL
PRESERVE PURSUANT TO PLYMOUTH CITY CODE SECTION 810.
Motion carried on a roll call vote, five ayes.
ITEM 8-B ROTTLUND HOMES. PUD PLAN AMENDMENT - PUD
PRELIMINARY PLAN/PLAT (93054)
Associate Planner Keho stated that on July 14, the Planning Commission voted to
recommend denial of the request of Rottlund Company for an MPUD Preliminary
Plan/Plat and Conditional Use Permit for the Pintail West Development. During
discussion of this request, there were two key concerns. The first related to the
issue of private versus public streets, and the second related to the reduction of
density proposed on this parcel. Planning Commissioners noted that there are not
many areas left in Plymouth that are available for high density housing, and it
might be appropriate to maintain this area for a higher density project. This site
currently has a density range of 105 units to 141 units, with a midpoint of 123
units. The applicant is proposing 48 units on the site. During the public hearing,
representatives from Laukka-Williams addressed the Planning Commission,
indicating their concern for the drop of density in this outlot and the resulting lack
of diversity of housing types. Planner Keho stated that staff has received a letter
from the petitioner requesting that this item be tabled for a possible redesign
project.
Donald Jensen, 5201 East River Road #301, Fridley, represented Rottlund Homes.
He requested that the Council remand this issue back to the Planning Commission
so they can look at increasing density from 48 to 64 units.
Councilmember Helliwell stated that she will not support private streets in the
development.
Mr. Jensen stated that the proposal that will be presented for Planning Commission
consideration will be consistent with those previously approved in the Laukka-
Williams Development.
Councilmember Vasibou stated that she also will not approve the proposal if
private streets are included. She explained that this is an equity issue relating to
taxes paid and services received that is being discussed at the state legislative level.
Mayor Bergman asked if the developer would have to construct an apartment
building type project in order to hit the density mid -point.
Regular Council Meeting
August 2, 1993
Page 15
Mr. Jensen stated that probably a four to five story condominium -type project
would be required in order to hit that density. He noted that many abutting
residents were pleased that they were proposing a lesser density.
Councilmember Vasiliou asked Mr. Jensen to explain the statement contained in
the Planning Commission minutes that indicated he felt that to force the MCDA to
hold this parcel of land until the high density apartment market resurfaces is unfair.
Mr. Jensen stated the MCDA has the ability to build to 123 units. However, he
felt it would be unfair to require the MCDA to build to the highest density.
Councilmember Vasiliou noted that the high density guiding has been designated in
the Comprehensive Plan for a number of years. She stated that the Laukka-
Williams Development has been proactive in indicating the park playfield and
apartment building structure as long-term plans to potential buyers. She stated
that the apartment market is on the rebound, and she also is concerned that the
City has little available area that would permit a high density apartment use such as
this.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to remand the application of Rottlund Company for MPUD Preliminary
Plan/Plat and Conditional Use Permit for Pintail West Addition to the Planning
Commission for the applicant redesign.
Peter Jarvis, 7400 Edinborough Way, Edina, represented Laukka-Williams
Development. Mr. Jarvis opposed the proposed reduction in density, and stated
that this would have a significant economic impact on the City because the per unit
impact fees would be greatly reduced. He stated that Laukka-Williams is also
opposed to any site development standards that are different for this
neighborhood. He stated that a variety of housing is important and encouraged the
Council to require a higher density project. He did not believe that a four to five
story building would be required in order to meet the mid -point density.
Motion carried on a roll call vote, five ayes.
ITEM 8-C REQUEST TO HAVE ALLEY OPENED TO WEST MEDICINE
LAKE DRIVE IN ELMHURST ADDITION
Public Works Director Moore presented the staff report on the request from Scott
and Ruth Kulberg for the opening of the alley to West Medicine Lake Drive in
Elmhurst Addition. He stated that this unopened alley is part of the rear yard of
two properties and also intersects West Medicine Lake Road at a very severe
slope. There are currently two properties facing West Medicine Lake Drive that
use this alley as their private driveway. This private driveway is approximately 75
Regular Council Meeting
August 2, 1993
Page 16
feet in length and has a downward grade onto West Medicine Lake Drive of 21
percent. The City's subdivision code establishes a maximum street grade of 7
percent.
Mr. Moore explained that the alley which the Kulbergs are requesting to be opened
also extends westerly of their property and then southerly and connects with
Hemlock Lane. Approximately the southern half of this alley is currently being
used by other property owners in the area for access. In order to open this alley
there are no steep grades or major physical constraints.
Director Moore explained that the Kulberg's home faces 26th Avenue. It sits 10 to
12 feet above the street level with a very steep slope between the street and the
home. At the time the Kulbergs purchased their property, there was a driveway
serving it on the property immediately to the west. They knew that this driveway
would be removed with the construction of a new home. Although it would be
expensive, access could be established from 26th Avenue by excavating the area
and establishing a permanent stairway to the home.
Director Moore recommended that the Kulbergs be directed to follow the
suggestions in his July 23, 1992 letter to see if they can receive concurrence from
the adjoining property owners to the west and south for the opening of the alley
going westerly from their property. If they cannot receive approval of all property
owners, the Kulbergs should then request the City to hold a public hearing to open
that alley. The Kulbergs should also be made aware that all construction costs
associated with opening the alley would be their responsibility and they, or other
property owners are responsible for future maintenance since the City does not
provide maintenance for alleys.
Scott Kulberg, 12015 26th Avenue North, requested that the City open the alley
easterly to West Medicine Lake Road. He stated that the alley would be continued
about another 200 feet. He noted that the steepest portion of the alley is already
opened for use and being used by the two property owners as a private driveway.
Someone had previously petitioned to vacate this alley; however, the City has a
fire hydrant and manhole in this alley. He provided pictures showing the slopes.
Mr. Kulberg noted that there are three vacant lots which are surrounded on two
sides by alleys. He stated that if these lots are ever developed, a through street will
be required to be installed.
Mayor Bergman asked if the City is required to provide access to these lots if they
are developed since they are platted lots.
Director Moore stated that about 20 years ago the property owner requested a
variance to build on the three lots, but it was denied because there was no street
access.
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August 2, 1993
Page 17
Councilmember Helliwell asked where the Kulbergs are currently parking and what
area they are using for access.
Mr. Kulberg stated they drive to their property across the three vacant lots,
coming in on Hemlock.
Councilmember Tierney asked if this was not an acceptable alternative.
Mr. Kulberg stated that the property owner has asked him to find an alternate
access.
The Council discussed the safety hazards of the steep slope, as well as the curve on
West Medicine Lake Drive which limits the sight distance for northbound traffic.
Director Moore stated this is a very difficult situation to resolve due to the unusual
factors.
Mayor Bergman stated the unique situation exists because of the way the property
was originally platted.
Director Moore suggested that Mr. Kulberg obtain a petition from the
neighborhood, otherwise the Council could schedule a public hearing to consider
the request.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to schedule a public hearing for September 13 on the request of Scott and
Ruth Kulberg to open the alley from their property easterly to West Medicine Lake
Drive, as well as the option of opening the alley to the west and south going
westerly from their property. Staff was directed to notify all property owners that
would be affected by either route.
Motion carried, five ayes.
ITEM 8-D REQUEST FOR NO PARKING ON ARROWOOD LANE
ADJACENT TO ZACHARY PLAYFIELD
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-448 APPROVING THE PLACEMENT
OF NO PARKING SIGNS ON ARROWOOD LANE.
Councilmember Vasiliou noted that this is another example where the City is not
receiving cooperation from the organized sports groups with respect to parking
effects on abutting neighborhoods.
Regular Council Meeting
August 2, 1993
Page 18
Motion carried on a roll call vote, five ayes.
ITEM 8-E TAX INCREMENT FINANCING APPLICATIONS
Manager Johnson explained the process used for consideration of Tax Increment
Financing applications received by the City. He recommended preliminary
approval of the Rotation Engineering and AmeriData applications, and further
consideration of the Hoyt application. He stated that the Opus application has
been suspended indefinitely by the applicant. He also noted that staff believes the
Caliber and H.I. Enterprises applications cannot be justified through the "but for"
test that public tax funds are needed to directly assist these projects, since they
appear very likely to occur anyway. Manager Johnson recommended that TIF
assistance should be offered to AmeriData and Rotation Engineering on a pay-as-
you-go basis and that the City should share the available increment with the
applicant on a 50-50 basis during the remaining life of the district, or until the
amount requested is reached, whichever occurs first. He further recommended
that the City require a $5,000 deposit to pay for the cost of additional review by
the City's financial advisors and development of the TIF contract agreement.
Councilmember Edson stated that the Council had previously expressed concerns
relating to the Hoyt application because the City could possibly lose HACA aid.
He noted that the Hoyt resolution only authorizes further consideration of the
application, and then the Council would need to be advised of the exact impact of
the HACA reduction prior to preliminary or final approval of the Hoyt application
to establish a new TIF district.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-449 PRELIMINARY APPROVING
THE APPLICATION OF ROTATION ENGINEERING AND AMERIDATA
FOR TAX INCREMENT FINANCING.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-450 AUTHORIZING FURTHER
CONSIDERATION OF APPLICATION FOR TAX INCREMENT
FINANCING ASSISTANCE BY HOYT PROPERTIES.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-451 DENYING THE APPLICATIONS
OF CALIBER AND H.I. ENTERPRISES FOR TAX INCREMENT
FINANCING ASSISTANCE.
Regular Council Meeting
August 2, 1993
Page 19
Motion carried on a roll call vote, five ayes.
ITEM 9-A HENNEPIN COUNTY PUBLIC HEARING ON FUNDING OPTIONS
FOR SOLID WASTE AND RECYCLING PROGRAMS
Public Works Director Moore stated that Hennepin County has scheduled a public
hearing on August 12 before the Public Service Committee to review the financial
implications of reducing the tip fee on garbage disposal at Hennepin County
facilities. The tip fee has been the primary funding source used by Hennepin
County to fund municipal recycling programs. In 1993 the City is projected to
receive $395,000 from Hennepin County toward the operation of its recycling and
yard waste program. This makes up nearly 70 percent of the City's overall
program costs. At the August 12 hearing, the County Commissioners will
consider options for continued funding of their existing programs, and he
suggested that the City Council authorize the Mayor to submit a letter to Hennepin
County Public Service Committee for the public hearing. He reviewed a number
of options that the Council could consider if Hennepin County abandons funding
of municipal recycling and yard waste programs.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to authorize the Mayor to submit a letter to the Hennepin County Public Service
Committee for a public hearing on August 12, 1993, noting the impacts, both
budgetary and on the City's recycling and yard waste program, that Hennepin
County's decision will have.
Motion carried on a roll call vote, five ayes.
ITEM 9-B APPOINTMENTS TO COMMISSIONS
Clerk Rauenhorst stated that Mary and Paul Dolan no longer reside in Plymouth.
Paul was serving a term on the Board of Zoning Adjustments and Appeals, and
Mary was serving a term on the Northwest Hennepin Human Services Council
Advisory Commission. She stated that the Council has recently conducted
interviews for another vacancy on the Northwest Hennepin Human Services
Council Advisory Commission, and the Council may want to consider appointment
of one of those individuals. She further suggested that the Council consider
conducting interviews for the applicants to the Board of Zoning, Adjustments, and
Appeals.
Regular Council Meeting
August 2, 1993
Page 20
MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, tc
adopt RESOLUTION 93-452 APPOINTMENT TO NORTHWEST
HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION,
APPOINTING INDIVIDUALS IN THE FOLLOWING ORDER: 1)
WANDA CAHILL, 2) DOUGLAS ERNST.
Motion carried on a roll call vote, five ayes.
The Council directed staff to schedule interviews with the Board of Zoning
Adjustments and Appeals candidates.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to establish a special council meeting at 5:00 p.m. on August 23 to
conduct interviews for the Board of Zoning Adjustments and Appeals applicants.
Motion carried, five ayes.
ITEM 9-C STUDY SESSION SCHEDULE AND CITY COUNCIL
INFORMATION MEMORANDUM
Councilmember Helliwell referenced a letter contained in the City Council
Information Memorandum from Chris Aitken, representing the Trust for Public
Lands.
Manager Johnson stated that the primary purpose of this organization is to
facilitate the purchase of certain types of public lands.
Councilmember Helliwell stated that she would be interested in having him appear
before the Council to consider alternatives regarding the Baton Corporation site.
Councilmember Vasiliou stated that this issue is currently under private
negotiations, and it may be inappropriate for the City to become further involved
while an application is pending before the Council. She stated it has also not been
determined that the property is still for sale.
Mayor Bergman agreed that the City should have no responsibility in trying to
acquire the property, and noted that a willing seller is needed. He stated that the
City Council has received no requests that the City purchase the property. There
also has been no request that the Park and Recreation Committee consider
acquisition.
Regular Council Meeting
August 2, 1993
Page 21
Councilmember Vasiliou stated that the neighborhood group needs to notify the
City of the status of their negotiations with the developer. The Baton Corporation
application is pending awaiting receipt of the EAW, and no further action by the
City should be taken until that issue is resolved.
The meeting was adjourned at 9:15 p.m.
City Clerk