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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. Regular Council Meeting 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