HomeMy WebLinkAboutCity Council Minutes 08-16-1993MINUTES
REGULAR COUNCIL MEETING
AUGUST 16, 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 16, 1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, and Vasiliou
ABSENT: Councilmember Tierney
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Acting Community Development Director
Ryan, Park Director Blank, City Attorney Meller, and City Clerk
Rauenhorst
ITEM 5 APPROVE AGENDA
Item 6-T was moved on the agenda to follow Item 8-C.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to approve the agenda as amended.
Motion carried, four ayes.
ITEM 6 CONSENT AGENDA
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to approve the Consent Agenda, removing Item 6-T.
Motion carried on a roll call vote, four ayes.
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to approve the City Council minutes of the July 19 Regular Council
Meeting, the July 26 Council Study Session, the August 2 Special Council
Meeting, and the August 2 Regular Council Meeting.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
August 16, 1993
Page 2
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-453 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 6, 1993.
Motion carried on a roll call vote, four ayes.
ITEM 6-C CIGARETTE LICENSE FOR EMPORIUM EXCEPTIONALE
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-454 APPROVING 1993
CIGARETTE LICENSE APPLICATION FOR EMPORIUM
EXCEPTIONALE, INC.
Motion carried on a roll call vote, four ayes.
ITEM 6-D TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LION'S
CLUB
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-455 APPROVING TEMPORARY
3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB.
Motion carried on a roll call vote, four ayes.
ITEM 6-E GARBAGE HAULER LICENSE FOR NASH AND SONS HAULING
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-456 APPROVING GARBAGE
HAULER LICENSE FOR NASH AND SONS HAULING.
Motion carried on a roll call vote, four ayes.
ITEM 6-F QUANTUM DEVELOPMENT -CUP FOR USE BY SCHOOL
DISTRICT 284 OF BEACON HEIGHTS SCHOOL (93064)
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-457 APPROVING CONDITIONAL
USE PERMIT FOR QUANTUM DEVELOPMENT LOCATED AT 12325
STATE HIGHWAY 55 (93064).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
August 16, 1993
Page 3
ITEM 6-G MID AMERICA ENTERTAINMENT COMPANY - AMENDED PUD
PRELIMINARY PLAN, PUD FINAL SITE PLAN AND LOT DIVISION (93066)
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-458 APPROVING MPUD
PRELIMINARY PLAN AMENDMENT AND MPUD FINAL SITE PLAN
FOR MID AMERICA ENTERTAINMENT COMPANY LOCATED AT
4175 VINEWOOD LANE NORTH (93066).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-459 APPROVING LOT DIVISION
AND VARIANCE FOR MID AMERICA ENTERTAINMENT COMPANY
LOCATED AT 4175 VINEWOOD LANE NORTH (93066).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-460 SETTING CONDITIONS TO
BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION
FOR MID AMERICA ENTERTAINMENT COMPANY LOCATED AT
4175 VINEWOOD LANE NORTH (93066).
Motion carried on a roll call vote, four ayes.
ITEM 6-H PARKVIEW RIDGE TOWNHOME HOMEOWNERS ASSOC. -
RPUD PRELIMINARY PLAN AMENDMENT AND CUP (93070)
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasilou, to adopt RESOLUTION NO. 93-461 APPROVING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR PARKVIEW RIDGE
HOMEOWNERS ASSOCIATION LOCATED NORTHWEST OF 38TH
AVENUE NORTH AT MINNESOTA LANE (93070).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
August 16, 1993
Page 4
ITEM 6-I SKYLINE DESIGN INC. - AMENDED PUD PLAN AND CUP (93072)
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-462 APPROVING AMENDMENT
OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC., FOR
PROPERTY LOCATED AT 1040 YUMA LANE (93072)
Motion carried on a roll call vote, four ayes.
ITEM 64 SINCLAIR MARKETING - CUP FOR GASOLINE SERVICE
STATION (93073)
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-463 APPROVING CONDITIONAL
USE PERMIT FOR SINCLAIR MARKETING OF MINNESOTA
LOCATED AT 9605 36TH AVENUE NORTH (93073).
Motion carried on a roll call vote, four ayes.
ITEM 6-K SINCLAIR MARKETING OF MINNESOTA - GASOLINE SERVICE
STATION LICENSE
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-464 APPROVING GASOLINE
SERVICE STATION LICENSE FOR SINCLAIR MARKETING, 9605
36TH AVENUE NORTH.
Motion carried on a roll call vote, four ayes.
ITEM 6-L TOBIN REAL ESTATE - PUD FINAL PLANXINAL PLAT FOR
WEST SUBURBAN HEALTH CAMPUS DEVELOPMENT (93068)
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-465 APPROVING MPUD FINAL
SITE PLAN FOR TOBIN REAL ESTATE FOR THE FIRST PHASE OF
THE WEST SUBURBAN HEALTH CAMPUS ADDITION LOCATED IN
THE NORTHEAST QUADRANT OF HIGHWAY 55 AND I-494 (93068)
MPUD 81-1).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
August 16, 1993
Page 5
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-466 APPROVING FINAL PLAT
FOR TOBIN REAL ESTATE FOR THE FIRST PHASE OF THE WEST
SUBURBAN HEALTH CAMPUS ADDITION LOCATED IN THE
NORTHEAST QUADRANT OF HIGHWAY 55 AND I-494 (93068) (MPUD
81-1).
Motion carried on a roll call vote, four ayes.
ITEM 6-M RELEASE OF SITE IMPROVEMENT PERFORMANCE
AGREEMENT
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-467 AUTHORIZING RELEASE
OF SITE PERFORMANCE GUARANTEE FOR SELECT METALS
INDUSTRIES LOCATED AT 14920 27TH AVENUE NORTH (88100).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-468 AUTHORIZING RELEASE
OF SITE PERFORMANCE GUARANTEE FOR ASCENSION LUTHERAN
CHURCH LOCATED AT 15870 46TH AVENUE NORTH (90046).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-469 AUTHORIZING RELEASE
OF SITE PERFORMANCE GUARANTEE FOR PARKSIDE
APARTMENTS LOCATED AT THE SOUTHWEST CORNER OF OLD
ROCKFORD ROAD AND 41ST AVENUE NORTH (91087).
Motion carried on a roll call vote, four ayes
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-470 AUTHORIZING RELEASE
OF SITE PERFORMANCE GUARANTEE FOR KELLY WEST
VENTURES LOCATED AT 2705 ANNAPOLIS LANE NORTH (92026).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
August 16, 1993
Page 6
ITEM 6-N EXTENSION OF SITE IMPROVEMENT PERFORMANCE
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-471 AUTHORIZING EXTENSION
OF SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR GEM
ENTERPRISES LOCATED AT 11311 STATE HIGHWAY 55 (91109).
Motion carried on a roll call vote, four ayes.
ITEM 6-0 APPROVE BALL FIELD IMPROVEMENTS AT BIRCHVIEW
ELEMENTARY SCHOOL
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-472 APPROVING THE UPGRADE
OF BALL FIELDS AT BIRCHVIEW ELEMENTARY SCHOOL.
Motion carried on a roll call vote, four ayes.
ITEM 6-P APPROVE REMOVAL OF TRAIL CONNECTION TO CHELSEA
MEWS
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-473 APPROVING THE
REMOVAL OF TRAIL CONNECTION TO CHELSEA MEWS.
Motion carried on a roll call vote, four ayes.
ITEM 6-O CHANGE POLLING LOCATION FOR PRECINCT 1S
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-474 APPROVING POLLING
LOCATIONS FOR THE CITY OF PLYMOUTH, AND CHANGING
POLLING LOCATION FOR PRECINCT 18.
Motion carried on a roll call vote, four ayes.
ITEM 6-R DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-475 REDUCING DEVELOPMENT
BOND - EAGLEWOOD ADDITION (92110).
Regular Council Meeting
August 16, 1993
Page 7
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-476 REDUCING DEVELOPMENT
BOND - BRIDLEWOOD FARM 3RD ADDITION (93021).
Motion carried on a roll call vote, four ayes.
ITEM 6-S APPROVE PLANS AND ORDER BIDS FOR 1993 TRAIL
IMPROVEMENTS, PROJECT 317
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-477 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
1993 TRAIL IMPROVEMENTS, CITY PROJECT NO. 317.
Motion carried on a roll call vote, four ayes.
ITEM 7-A VACATION OF STREET RIGHT OF WAY AND EASEMENTS IN
WEST SUBURBAN HEALTH CAMPUS
Mayor Bergman opened a public hearing at 7:04 p.m. on the proposed vacation of
street right-of-way and easements in proposed West Suburban Health Campus.
No one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-478 AUTHORIZING THE
VACATION OF A PORTION OF ANNAPOLIS CIRCLE RIGHT-OF-WAY
IN NORTHWEST BUSINESS CAMPUS.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-479 AUTHORIZING THE
VACATION OF CERTAIN UTILITY AND DRAINAGE EASEMENTS IN
OUTLOT A, NORTHWEST BUSINESS CAMPUS 7TH ADDITION.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-480 AUTHORIZING THE
VACATION OF UTILITY AND DRAINAGE EASEMENTS IN LOT 3,
BLOCK 1, NORTHWEST BUSINESS CAMPUS 6TH ADDITION.
Regular Council Meeting
August 16, 1993
Page 8
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-481 AUTHORIZING THE
VACATION OF CERTAIN DRAINAGE EASEMENTS FOR PONDING IN
NORTHWEST BUSINESS CAMPUS ADDITION.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 93-482 SETTING CONDITIONS TO
BE MET PRIOR TO FILING OF RESOLUTION NO. 93-478,
RESOLUTION NO. 93-479, RESOLUTION NO. 93-480, AND
RESOLUTION NO. 93-481 VACATING DRAINAGE AND UTILITY
EASEMENT, DRAINAGE EASEMENT FOR PONDING, AND A
PORTION OF ANNAPOLIS CIRCLE RIGHT-OF-WAY IN NORTHWEST
BUSINESS CAMPUS, NORTHWEST BUSINESS CAMPUS 6TH
ADDITION, AND NORTHWEST BUSINESS CAMPUS 7TH ADDITION.
Motion carried on a roll call vote, four ayes.
ITEM 8-A METROPOLITAN LIFE - AMENDMENT TO RPUD PRELIMINARY
PLAN/CUP TO INCREASE OFF-STREET PARKING BY 99 SPACES AT
VICKSBURG VILLAGE APARTMENTS (91071)
Associate Planner Keho stated that at the July 12, 1993, meeting the Council
discussed the proposed parking management plan for Vicksburg Village
Apartments. The item was tabled so that additional discussion could continue
between the Vicksburg Village Apartment Management Company and the
Plymouth Creek Homeowners Association regarding the parking management
plan. City staff received a copy of the proposed plan from the applicant on August
5. The letter submitted with the parking management plan indicated that they have
not necessarily reached an agreement with the homeowners' association and they
requested that the Council vote on the application at the August 16 meeting.
Planner Keho stated the parking management plan includes issuance of one parking
sticker per registered adult lessee, the prohibition of recreational vehicles, classic
cars, trailers, boats or seasonal vehicles from use of both the underground parking
and surface parking areas, and restrictions on guest parking. The plan also calls
for the towing of all vehicles which are not in compliance with the parking
procedures, 24 hours after the initial tagging.
Richard Morris, 6600 France Avenue, appeared on behalf of Vicksburg Village
Apartments and Metropolitan Life. He stated that in December of 1990, the
Regular Council Meeting
August 16, 1993
Page 9
Council in reacting to complaints from the Plymouth Creek Homeowners
Association, police, and Vicksburg Village residents, changed the number of
parking spaces required for apartment developments from 1.5 to 2 spaces per unit,
but also asked Vicksburg Village owners to provide an action plan on how they
can resolve the parking problems at Vicksburg Village. Mr. Morris stated that in
October of 1991 they submitted a plan to increase parking by 101 spaces. The
Council denied this request and suggested that the Vicksburg Village owners meet
with representatives of the homeowners association. Mr. Morris stated that over
13 meetings have been held with the homeowners association and the Vicksburg
Village owners have examined all alternatives to address the parking situation. As
a result of those meetings, Vicksburg Village owners and the homeowners
association have agreed to improvements to increase parking. He stated the
proposed parking plan includes extensive berming, lighting and landscaping
improvements. He said Vicksburg Village has met most of the requests of the
adjacent property owners; however, they are not willing to agree to a deed
restriction indicating that they would never again ask for additional parking.
Mr. Morris stated that there are currently 621 residents of Vicksburg Village
Apartments, and 535 available parking spaces. He stated that given this difference,
no parking management plan could completely resolve the parking issue because
there is a shortage of spaces. He stated that the parking management plan has not
been strictly enforced in the past, but it has been enforced for the past several
weeks. Mr. Morris stated the owner of Vicksburg Village has no intention of
requesting additional parking beyond this request because the owner believes that
the additional 99 spaces, along with strict enforcement of the new parking
management plan, will solve the parking problem at Vicksburg Village. Mr.
Morris said the proposed parking will not be injurious to the abutting properties,
and the parking improvements will enhance the value of the Vicksburg Village
property.
Laura and Michael Greeder, 15720 County Road 9, stated they are residents of
Vicksburg Village Apartments and do not support the proposed parking
expansion. Mr. Greeder said that the placement of the proposed parking lot will
ruin the view from their apartment. He stated that at times it is difficult to find a
convenient parking space, but it has never been impossible. He believes the owner
should force residents to use their underground parking spaces. At times he has
found 20-25 spaces that are not being used at 1:00 a.m. Mr. Greeder said that the
proposed improvements will be an eyesore and could create noise problems, and
there is no good access to the building for residents and no doors to the building at
the location of the proposed new parking area. Also, the improvements will be
paid for by residents through rent increases. Mr. Greeder expressed concerns
about the safety of children using the tot lot, and the potential harm to the
environment if the parking area is constructed.
Regular Council Meeting
August 16, 1993
Page 10
In response to questions by Councilmember Vasiliou, Mr. Greeder stated that they
have lived at Vicksburg Village for approximately one year, and have seen some
obvious improvements with respect to parking since the management plan was
instituted over the last few weeks. More parking spaces have been available closer
to their building.
Pat Hallisey, 4065 Quantico Lane, stated that had the city ordinance requiring two
parking spaces per unit been in effect when Vicksburg Village was constructed,
less units would have been built. He noted that Plymouth Creek Homeowners'
Association representatives have also attended the 13 plus meetings with the
owners/managers of Vicksburg Village Apartments, and these residents voluntarily
attended these meetings in order to protect their rights, protect the value of their
property, and to participate in a process established by the City Council to develop
a comprehensive plan to solve the parking problem. Mr. Hallisey concurred that
most of the requests have been fulfilled relating to the parking lot; however, most
requests relating to the comprehensive plan have not. He stated that Metropolitan
Life refused to place a deed restriction on the property that they would make no
further requests for additional parking beyond this request. Mr. Hallisey stated
that no meetings were held with the homeowners association regarding the
proposed parking management plan. It was mailed to the homeowners association.
Mr. Hallisey expressed a number of concerns relating to the parking management
plan. He stated that Vicksburg Village management could increase the number of
registered residents to a point that even the 99 increased spaces would not be
sufficient. He stated the management of Vicksburg Village should also be
enforcing use of the underground parking spaces, and tagging people who are
parked improperly. He suggested that towing of vehicles should occur sooner than
24 hours following the initial tagging. Mr. Hallisey stated the Vicksburg Village
owner has grudgingly participated in development of the comprehensive plan to
resolve the parking issue with the homeowners association.
Mr. Hallisey stated that the first time the increased parking was requested, the
applicant requested 150 increased spaces. Now the request has been reduced to
99 spaces. He questioned whether the reduction was based on information that
fewer parking spaces are now needed, or if a parking problem will still exist. Mr.
Hallisey stated that the homeowners association believes that if the parking
management plan is enforced for a period of time and a problem still exists, then
the proposal for increased parking should be considered. However, Vicksburg
Village Apartments should take care of their parking management problems and
enforcement issues first.
John Heinrich, 15740 County Road 9, stated he has lived at Vicksburg Village
Apartments for the last year and is aware of the parking shortage. His parking lot
is completely full. He stated there is an 11 percent vacancy rate at Vicksburg
Regular Council Meeting
August 16, 1993
Page 11
Village right now and more spaces are needed. He requested that the Council
consider approval of the request.
Council member Helliwell asked if the underground parking is being completely
used.
Mr. Heinrich stated that the recent parking management plan changes have
increased the use of the underground parking.
Council member Vasiliou stated that the representative of Vicksburg Village
Apartments had previously indicated the occupancy is 97 percent; not 89 percent.
She also stated that until August 6, 1993, there was no strict enforcement of the
parking management plan. She suggested that the Council may wish to consider
delaying action on the request to provide a period of time to determine if the
parking management plan could adequately solve the parking problem.
Mr. Morris explained the discrepancy in the occupancy percentages. He stated
that the apartments are currently 89 percent full; however, as of September 1, they
will be 97 percent full.
Councilmember Vasiliou stated that it is ineffective not to tow vehicles until 24
hours after a violation occurs.
Mr. Morris explained that a shorter period of time between the tagging and towing
may be needed, but this creates a hardship for residents because there is not
adequate space in which to park.
Councilmember Vasiliou stated that other apartment structures have been built
using the same standard of 1.5 parking stalls per unit. She asked if those
structures are experiencing the same parking problems as Vicksburg Village,
Mr. Morris stated that several similar apartment structures are experiencing the
same type of parking problems.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to
adopt RESOLUTION NO. 93-483 DENYING AN AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT AMENDMENT; AND AMENDED RPUD
FINAL SITE PLAN INCLUDING SHORELAND OVERLAY DISTRICT
VARIANCE FOR METROPOLITAN LIFE FOR VICKSBURG VILLAGE
APARTMENTS LOCATED AT 15700 ROCKFORD ROAD (91071).
Councilmember Vasiliou stated the purpose of her motion is to allow time for the
recently implemented and enforced parking management plan to work. She stated
Regular Council Meeting
August 16, 1993
Page 12
that the Council can reconsider the request in approximately six months if the
parking problems have not been resolved. She noted that residents have seen an
improvement in the parking situation in only the two weeks since the parking
management plan has been implemented and enforced.
Councilmember Edson stated he would support this action. He stated that a
variance is required for coverage of impervious surface in the Shoreland
Management District, and the Council has an obligation to consider all alternatives
prior to increasing parking. He stated he would be willing to consider additional
spaces if the parking management plan is not successful.
Councilmember Helliwell expressed concerns of where additional vehicles will
park as of September 1 when the Vicksburg Village Apartments have a 97 percent
occupancy. She stated that the Council has discussed various solutions to this
problem for months, and she does not believe that deferring the issue for another
six months will resolve the problem.
Motion carried on a roll call vote, Edson, Vasiliou, and Bergman ayes; Helliwell
nay.
ITEM 8-13 PAYMENT NUMBER 3 AND FINAL - WESTON LANE DRAINAGE
IMPROVEMENTS, PROJECT NO. 130
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-484 REQUEST FOR PAYMENT
NUMBER 3 AND FINAL, WESTON LANE AREA - STORM DRAINAGE
IMPROVEMENTS, CITY PROJECT NO. 130
Motion carried on a roll call vote, four ayes.
ITEM 8-C DAHLSTROM COMPANIES - THOROUGHFARE GUIDE PLAN
AMENDMENT TO REMOVE MINOR COLLECTOR DESIGNATION FROM
43RD AVENUE NORTH TO BERKSHIRE LANE (93069)
Associate Planner Keho explained the request of Dahlstrom Companies for a
Thoroughfare Guide Plan amendment to remove the minor collector designation
from 43rd Avenue North to Berkshire Lane. He stated that at the public hearing,
several people who spoke had questions concerning traffic movement at Fernbrook
Lane and Rockford Road. Two homeowners indicated their support of the
proposal and two letters of opposition were received. A neighboring property
owner also spoke against the proposal, indicating that this amendment would
negatively impact his ability to develop his property.
Regular Council Meeting
August 16, 1993
Page 13
Planner Keho stated that during the discussion of this request, the applicant
described the proposed preliminary plat for this area and how he believed that the
minor collector would impact that development. A Planning Commission motion
to make the Thoroughfare Guide Plan amendment subject to the upcoming
preliminary plat failed.
Planner Keho stated that the Planning Commission considered the preliminary plat
and rezoning for the proposed subdivision at this location on August 11.
Discussion included concerns regarding the excessive length of the cul-de-sac, the
street connection to Berkshire Lane, and the requested variances. Planner Keho
stated that with the Fernbrook Townhomes project, the minor collector was
relocated from 44th Avenue North to 43rd Avenue North. The amount of traffic
has been decreased from that originally anticipated. It is estimated that only 5
percent of the traffic would be diverted if the connection were made. He stated
that the Planning Commission on a 3 to 2 vote recommended approval of this
Thoroughfare Guide Plan amendment.
Terry Dahlstrom, Dahlstrom Companies, introduced Steve Johnson, Loucks and
Associates; Rod Krass, Southpointe Center - Bloomington; and Larry Dallam,
6700 France Ave. South, Edina. Mr. Dahlstrom stated there are four to five
landowners involved in this project and the site contains wetlands and wooded
areas. The site could handle a higher density than that which he will be proposing.
He said one major constraint with development of the site is the minor collector
street which goes through the heaviest wooded area of the site, as well as the steep
slopes. He stated his ultimate goal is to eliminate the road altogether thus
eliminating the connection with the industrial area.
Steve Johnson, Loucks and Associates, stated that they feel it is important to
eliminate the road connection in order to separate the industrial and residential
traffic. Elimination of the roadway would provide a sense of neighborhood for the
residential area as well as maintain property values. It would also help preserve
some of the natural site features. Mr. Johnson stated that if the road is eliminated,
a cul-de-sac of about 3,300' would be needed for their proposed development until
the property to the north is developed. Even after development of the property to
the north, the cul-de-sac would be approximately 900' long. He stated that a park
trail/emergency vehicle access is proposed in the preliminary plat in order to
mitigate for the cul-de-sac length. Mr. Johnson cited a number of examples in the
City where cul-de-sac lengths greater than the standard have been approved. Mr.
Johnson stated that the change in designation of the minor collector status from
44th Avenue to 43rd Avenue a number of years ago was the action that made the
street no longer a viable collector route; not this proposed development.
Councilmember Helliwell asked how many lots are proposed in the development.
Regular Council Meeting
August 16, 1993
Page 14
Mr. Johnson stated that 40 single family lots are proposed.
Councilmember Helliwell asked how the plan would be affected if the minor
collector street remains in place.
Mr. Johnson stated that he is not sure their project is financially viable for single
family housing development without removal of the minor collector.
Councilmember Vasiliou asked if Mr. Dahlstrom intends to be the sole builder for
the subdivision.
Mr. Johnson stated there would be three to four builders for the development.
Larry Dallam stated he has been doing transportation planning for 22 years. He
discussed the amount of traffic estimated to be generated by the development, as
well as the impact of that traffic on Fernbrook Lane and particularly the
intersection of County Road 9 and Fernbrook Lane. Mr. Dallam stated that if the
27 acres is developed at its highest allowable density, there would be an estimated
772 vehicle trips per day. However, under Mr. Dahlstrom's proposal of 1.5 units
per acre, 229 vehicle trips per day are estimated. He stated that 1989 traffic
counts show 2,900 vehicles per day at the Fernbrook Lane and County Road 9
intersection. He stated that Fernbrook Lane is forecasted to carry 7,000 vehicles
per day assuming improvements are made to Schmidt Lake Road and Fernbrook
Lane, as well as the interchange at Schmidt Lake Road and I-494. He stated that
this development will not adversely affect traffic on Fernbrook Lane or the County
Road 9/Fernbrook Lane intersection.
Rod Krass stated that Mr. Dahlstrom has had difficulty in assembling the four to
five property owners in order to propose the development. He stated the timing is
critical if the project is to be completed at this time. He noted that the Planning
Commission Chairperson supported the deletion of the minor collector but wanted
that action tied to approval of the plat. He stated the developer wanted to move
ahead with consideration of deletion of the minor collector before the preliminary
plat is considered due to economic constraints, the end of the construction season,
and the time needed for Met Council consideration of the Guide Plan amendment.
Mr. Krass asked the Council to provide direction on whether they would be
comfortable with a preliminary plat proposal which would eliminate the road
completely.
Mr. Krass stated that the value of the 40 lots with the elimination of the road
would be about another $172,000. He stated another $30,000-$40,000 would be
saved on the actual construction cost of the road. Mr. Krass stated that with the
reduced lot values and the cost of constructing a roadway, the project may no
Regular Council Meeting
August 16, 1993
Page 15
longer be economically feasible. He stated the property will develop at some time,
but probably more on a piecemeal basis rather than as one entire development.
Mr. Krass stated that the minor collector would carry only 5 percent of the traffic
that it was originally contemplated to carry because of the movement of the
designation from 44th to 43rd Avenue. He stated that decision in 1988 made the
street obsolete. Mr. Krass addressed a pending lawsuit occurring in the area, and
stated that this lawsuit will have no impact on the development or on the city.
Kevin Begin, 4300 Fernbrook Lane, stated that he believes the traffic impact from
this development will be significant. He recommended that this item be remanded
to the Planning Commission for further consideration of the estimated traffic
figures. Mr. Begin stated that significant efforts were made in 1988 to move the
minor collector status from 44th to 43rd Avenue, and he described the history of
the land -locked parcel. Mr. Begin stated he has removed buildings and done land
reclamation on his site to prepare it for development, and elimination of the road
will adversely impact his ability to develop his parcel.
Councilmember Edson stated he has concerns about completely eliminating the
street because the City has alternatives to consider. He stated that elimination of
the street would require residents of the neighborhood to make left-hand turns at
an uncontrolled intersection onto Fernbrook Lane, which is estimated to have
7,000 vehicles per day.
Mayor Bergman stated that although the Council has approved cul-de-sac lengths
in excess of the city standard, that is usually done when there is no other available
alternative.
Mr. Krass questioned whether the road is even needed, and stated that there will
be costs to construct and maintain it. Mr. Krass stated there will be additional
problems if the roadway connects the residential and industrial areas. Mr. Johnson
showed examples of other approved cul-de-sacs greater than the 500' standard
length. He cited one example of a 1,600' cul-de-sac near Target Greatland to
serve a 38 lot development. He stated that access would have had to be provided
directly to 42nd Avenue but this was not done in order to preserve the residential
nature of the development and separate land uses.
Kevin Begin stated that the developer also has the option of doing a higher density
development on the parcel and leaving the street in place. He stated that the 3,200'
cul-de-sac could be permanent if the road is not constructed to join the adjacent
development to the north.
Regular Council Meeting
August 16, 1993
Page 16
Councilmember Helliwell expressed concern with removing the minor collector
designation before considering the preliminary plat. She was also concerned about
the excessive cul-de-sac length.
Councilmember Vasiliou stated she is concerned about the length of the cul-de-sac
as well. She noted that this cul-de-sac would be about 2 1/2 times as long as any
cul-de-sac previously approved in the city.
Councilmember Edson stated he is concerned about the traffic impact, the cul-de-
sac length, and the affect removal of the roadway would have on the abutting
property owners. He stated that the abutting property owners have smaller parcels
that may be difficult to develop without the roadway connection as planned.
Mr. Krass suggested that the Council table consideration of the removal of the
minor collector designation for two weeks so that it can be considered along with
the preliminary plat for the development.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to table the request of Dahlstrom Companies for Thoroughfare Guide
Plan amendment to remove the minor collector designation from 43rd Avenue to
Berkshire Lane until August 30.
Motion carried on a roll call vote, four ayes.
Note: See additional action on this item after Item 9-A)
ITEM 6-T WETLAND MITIGATION PLAN FOR PROPOSED WEST OAKS OF
PLYMOUTH ADDITION
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to defer consideration of the Wetland Mitigation Plan for the proposed
West Oaks of Plymouth Addition until August 30.
Motion carried on a roll call vote, four ayes.
Mayor Bergman called a recess of the meeting at 9:35 p.m. The meeting was reconvened
at 9:41 p.m.
ITEM 9-A XENIUM LANE/VINEWOOD LANE IMPROVEMENT PROJECT
PROJECT NO. 214
Public Works Director Moore requested that the Council provide direction to staff
on proceeding with the necessary acquisition of right-of-way for the extension of
Xenium Lane northeasterly to Vinewood Lane or to Northwest Blvd. He stated in
Regular Council Meeting
August 16, 1993
Page 17
September 1992, the City Council received a preliminary engineering report on the
necessary improvements to extend Xenium Lane northeasterly from where it
currently ends at approximately 38th Avenue to connect with Northwest Blvd.
Xenium Lane would also provide a connection to Vinewood Lane within the
Cottonwood Plaza Shopping Center. The estimated cost of the project, exclusive
of right-of-way, was $1,048,000. In order to construct Xenium Lane all the way
to Northwest Blvd., right of way would need to be acquired from three parcels.
After receiving the Preliminary Engineering Report, the Council also authorized
appraisals to determine the value of the property and the estimated cost to
purchase the street right-of-way. Director Moore presented these values for each
parcel and stated the amount indicated as "damages" is for the estimated cost to
purchase an 80' wide street right-of-way for Xenium Lane.
Director Moore stated the need for Xenium Lane was projected as part of the
traffic studies completed for the Prudential Northwest Business Campus. The
traffic studies indicated that Northwest Blvd. needed to be extended and
completed from Highway 55 to County Road 9 with the first phase of
development. That has been completed. At the completion of the entire
Northwest Business Campus development, the traffic studies further indicate that
an additional route to the north would be necessary since Northwest Blvd. would
not have the capacity to handle all of the peak hour traffic.
Director Moore described three alternatives the Council could consider regarding
the project. The first would be to not construct the roadway at this time. Under
this alternative, construction of the roadway would wait until development
proposals were received for the three parcels or until traffic volumes generated
from the Northwest Business Campus were such that the construction of the
roadway was necessary to relieve traffic on Northwest Blvd. The second
alternative would be to construct Xenium Lane to Northwest Blvd. and make the
connection to Vinewood. This would complete the city's proposed transportation
system within the area that is necessary at the full development of the Northwest
Business Campus. The roadways would be in place before any development on
the three parcels of land and would make any prospective purchaser of lots within
the area aware of the entire roadway system. The third alternative would be to
construct Xenium Lane northerly to the Vinewood Lane connection. This
alternative would provide an outlet for the area to County Road 9. Unless sanitary
sewer was constructed easterly from Vinewood Lane to Northwest Blvd. where no
road would be constructed under this alternative, the land adjacent to the
constructed Xenium Lane would not be available for development.
Director Moore requested that the Council provide direction on proceeding with
the acquisition of the necessary right-of-way in order for the project to proceed.
He recommended that all of Xenium Lane be constructed to Northwest Blvd. and
Regular Council Meeting
August 16, 1993
Page 18
further, that the City purchase the three parcels. He stated that after the roadway
is constructed, the excess land would be resold for development purposes. This is
the procedure that the city used to acquire the necessary right-of-way for
Northwest Blvd. adjacent to the Northwest Business Campus.
Jerome Begin, 5635 Vicksburg Lane, stated it is immaterial whether the city
purchases the right-of-way, but he would like Vinewood Lane completed. He
asked that the Council complete this project as soon as possible.
The Council discussed the options available for acquisition of right-of-way,
including the quick take process.
Manager Johnson stated he concurs with Director Moore's recommendation. He
stated that the quick take process would take at least 120 days which would put
the project into the winter construction season anyway. He stated the city has
nothing to lose by proceeding with the normal acquisition process.
MOTION was made by Mayor Bergman, seconded by Councihnember Edson, to
authorize staff to proceed with the acquisition of all three parcels for construction
of Xenium Lane to Northwest Blvd. and making the connection to Vinewood
Lane.
Motion carried on a roll call vote, four ayes.
ITEM 8-C DAHLSTROM COMPANIES - THOROUGHFARE GUH)E PLAN
AMENDMENT TO REMOVE THE MINOR COLLECTOR DESIGNATION
FROM 43RD AVENUE NORTH (93069)
Rod Krass, attorney for Mr. Dahlstrom, stated that since members of the Council
expressed concern about the cul-de-sac length and completion of the roadway, he
requested that the Council direct the Planning Commission at its next meeting to
consider an amendment to the preliminary plat which would include the roadway.
He stated the issue could be considered by the Council on August 30.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to reconsider its action taken earlier in the meeting with respect to
Dahlstrom Companies Thoroughfare Guide Plan amendment. (93 069)
Motion carried on a roll call vote, four ayes.
MOTION was made by Councihnember Vasiliou, seconded by Mayor Bergman, to
remand the Dahlstrom Companies' request for Thoroughfare Guide Plan
amendment to remove the minor collector designation from 43rd Avenue North to
Regular Council Meeting
August 16, 1993
Page 19
Berkshire Lane to the Planning Commission, specifically with respect to the road
connection of 43rd Avenue.
Motion carried on a roll call vote, four ayes.
ITEM 9-B CITY COUNCIL INFORMATION MEMORANDUM
Council member Vasiliou discussed information received from Manager Johnson
regarding the proposed bond sale for the Harbor Lane Apartments. She stated that
Dan Nelson, the City's bond counsel on the project, has suggested there may be
options for the Council to consider with respect to the existing Section 8
certificates at the facility, or to rent controls. She suggested that the Council
consider whether the rents on the units of the 30 current Section 8 certificates at
Harbor Lane Apartments could be frozen in perpetuity or for the life of the bonds.
Councilmember Edson stated that this issue was discussed at the HRA meeting,
and the HRA was enthusiastic about doing something to tie the fair market rents to
the HUD guidelines.
Manager Johnson stated that the City's Housing Specialist has some concerns
about putting conditions on the 30 existing certificates that would not apply to the
other 100 certificates in the city. He stated another possibility would be to require
that if the market rents of those units exceed the HUD guidelines, the owner would
have to come back before the Council at a public hearing to explain the reason for
the increases. This would provide an incentive to maintaining the current rents.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to establish a study session for 6:00 p.m. on Monday, August 23, to
consider alternatives drafted by staff with respect to the market rents and Section 8
certificates at Harbor Lane Apartments.
Manager Johnson stated that the final approval of the bonds for the Harbor Lane
Apartments is proposed for August 30.
Motion carried on a roll call vote, four ayes.
The meeting was adjourned at 10:18 p.m.
City Clerk