HomeMy WebLinkAboutCity Council Minutes 11-01-1993MINUTES
REGULAR COUNCIL
NOVEMBER 1,
MEETING
1993
The regular meeting of the Plymouth City Council was called to
order by Councilmember Edson at 7:00 p.m. in the Council Chambers
of the City Center, 3400 Plymouth Blvd., on November 1, 1993.
PRESENT: Councilmembers Edson, Helliwell, Tierney, and
Vasiliou
ABSENT: Mayor Bergman
STAFF PRESENT: City Manager Johnson, Public Works Director Moore,
Community Development Director Hurlburt, Public
Safety Director Gerdes, Parks Director Blank, City
Attorney Meller, City Clerk Rauenhorst, and
Recording Secretary Foster.
ITEM 4-A PRESENTATION REGARDING NOVEMBER 2, 1993 GENERAL ELECTION
City Clerk Rauenhorst gave a presentation regarding the
November 2 General Election in the race for the seats of Mayor
and two Councilmembers. Through the use of visual aids, she
outlined voting precincts and noted which precincts have races
for school board members. She explained the process and
requirements for registering to vote at polling locations, and
advised as to the locations and times polls would be open.
She encouraged questions to be forwarded to the City Center
offices.
ITEM 4 APPROVE AGENDA
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Tierney, to approve the agenda.
Motion carried, four ayes.
ITEM 6 CONSENT AGENDA
Councilmember Helliwell requested that Items 6-B, 6-D, 6-I, 6-
J, 6-M-5, and 6-M-6 be pulled from the Consent Agenda and
discussed separately. With regard to Consent Agenda Item 6-
Q, she asked that the vote reflect her nay vote.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt the Consent Agenda with the
exception of Items 6-B, 6-D, 6-I, 6-J, 6-M-5 and 6-M-6.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 2
ITEM 6-A APPROVE DISBURSEMENTS
MOTION was made by Councilmember Helliwell,
Councilmember Tierney, to adopt RESOLUTION
APPROVING DISBURSEMENTS FOR THE PERIOD ENDING
1993.
Motion carried on a roll call vote, four ayes.
seconded by
NO. 93-691
OCTOBER 22,
ITEM 6-C APPROVE JOINT POWERS AGREEMENT WITH CITY OF MAPLE GROVE
FOR HAZARDOUS MATERIAL RESPONSE
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-692 AUTHORIZING
THE FORMATION OF A PLYMOUTH FIRE DEPARTMENT HAZARDOUS MATERIAL
RESPONSE TEAM AND ENDORSING A JOINT POWERS AGREEMENT FOR A
HAZARDOUS MATERIAL RESPONSE TEAM BETWEEN THE CITY OF PLYMOUTH
AND THE CITY OF MAPLE GROVE.
Motion carried on a roll call vote, four ayes.
ITEM 6-E COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-693 ACCEPTING
THE CONSORTIUM COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
CHAS) AS DRAFTED BY URBAN HENNEPIN COUNTY STAFF AND BY THE
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY'S (HRA)
CONSULTANT THIBAULT ASSOCIATES.
Motion carried on a roll call vote, four ayes.
ITEM 6-F APPLICATION OF PARKERS LAKE MARKET, 1115 VICKSBURG LANE
3, FOR CIGARETTE LICENSE `
Y
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-694 APPROVING
THE 1994 CIGARETTE LICENSE FOR PARKERS LAKE MARKET.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 3
ITEM 6-G NORTH SUBURBAN DEVELOPMENT, RPUD, PRELIMINARY PLAN/PLAT
AND CONDITIONAL USE PERMIT, AND REZONING LOCATED AT THE SOUTHWEST
CORNER OF I-494 AND COUNTY ROAD 47 (93035)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to:
Adopt RESOLUTION 93-695 APPROVING RESIDENTIAL PLANNED
UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL
USE PERMIT FOR NORTH SUBURBAN DEVELOPMENT, INC. LOCATED
AT THE SOUTHWEST CORNER OF INTERSTATE HIGHWAY 494 AND
COUNTY ROAD 47 (93035), and
Adopt ORDINANCE 93-17 AMENDING THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LOCATED SOUTHWEST OF I-494 AND
COUNTY ROAD 47 AS R-2 (LOW DENSITY MULTIPLE RESIDENCE
DISTRICT (93035), and
Adopt RESOLUTION 93-696 SETTING CONDITIONS TO BE MET
PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR NORTH
SUBURBAN DEVELOPMENT, INC. FOR PROPERTY LOCATED SOUTHWEST
OF I-494 AND COUNTY ROAD 47 (93035).
Motion carried on a roll call vote, four ayes.
ITEM 6-H GREGORY PAUL - CONDITIONAL USE PERMIT TO FILL AT 5250
DUNKIRK LANE (93083) AND EXEMPTION FROM WETLAND CONSERVATION ACT
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to:
Adopt RESOLUTION 93-697 APPROVING CONDITIONAL USE PERMIT
FOR GREGORY PAUL, LOCATED AT 5250 DUNKIRK LANE NORTH
93083), and
Adopt RESOLUTION 93-698 APPROVING CERTIFICATE OF
EXEMPTION FROM THE WETLAND CONSERVATION ACT OF 1991 FOR
GREGORY PAUL.
Motion carried on a roll call vote, four ayes.
ITEM 6-K RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR
FAMILY HOPE SERVICES LOCATED SOUTHWEST OF FERNBROOK LANE AND 34TH
AVENUE NORTH (91013)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-699 AUTHORIZING
RELEASE OF SITE PERFORMANCE AGREEMENT FOR FAMILY HOPE SERVICES
FOR PROPERTY LOCATED AT 3315 FERNBROOK LANE NORTH (91013).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 4
ITEM 6-L-1 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS
FOR CALIBER DEVELOPMENT CORPORATION. NORTHWEST OF I-494 AND 25TH
AVENUE NORTH (93058)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-700 AUTHORIZING
REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CALIBER
DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 14000 25TH
AVENUE NORTH (93058),
Motion carried on a roll call vote, four ayes.
ITEM 6-L-2 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS
FOR UNITED POWER ASSOCIATION. SOUTHWEST OF I-494 AND THE SOO
RAILROAD LINE (92075)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-701 AUTHORIZING
REDUCTION OF SITE PERFORMANCE GUARANTEE FOR UNITED POWER
ASSOCIATION FOR PROPERTY LOCATED SOUTHWEST OF I-494 AND THE
SOO LINE RAILROAD (92075).
Motion carried on a roll call vote, four ayes.
ITEM 6-L-3 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS
FOR MEDICINE LAKE PROPERTIES, 9909 SOUTH SHORE DRIVE (91014)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-702 AUTHORIZING
REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MEDICINE LAKE
PROPERTIES LTD. PARTNERSHIP FOR PROPERTY LOCATED AT 9909 SOUTH
SHORE DRIVE (91014).
Motion carried on a roll call vote, four ayes.
ITEM 6-M-1 DEVELOPMENT CONTRACT BOND REDUCTION FOR AUTUMN HILLS
ADDITION (92060)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-703 REDUCING
DEVELOPMENT BOND FOR AUTUMN HILLS ADDITION (92060).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 5
ITEM 6-M-2 DEVELOPMENT CONTRACT BOND REDUCTION FOR CURTIS LAKE 2ND
ADDITION (91101)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-704 REDUCING
DEVELOPMENT BOND FOR CURTIS LAKE SECOND ADDITION (91101),
Motion carried on a roll call vote, four ayes.
ITEM 6-M-3 DEVELOPMENT CONTRACT BOND REDUCTION FOR HEATHER RUN
ADDITION (92035) _
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-705 REDUCING
DEVELOPMENT BOND FOR HEATHER RUN ADDITION (92035).
Motion carried on a roll call vote, four ayes.
ITEM 6-M-4 DEVELOPMENT CONTRACT BOND REDUCTION FOR BASS LAKE
TERRACE 2ND ADDITION (91070)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-706 REDUCING
DEVELOPMENT BOND FOR BASS LAKE TERRACE 2ND ADDITION (91070).
Motion carried on a roll call vote, four ayes.
ITEM 6-N RECEIVE PRELIMINARY ENGINEERING REPORT AND SET PUBLIC
IMPROVEMENT HEARING FOR 1994 STREET RECONSTRUCTION PROGRAM PROJECT_
401
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-707 RECEIVING
REPORT AND CALLING FOR HEARING ON IMPROVEMENTS FOR 1994 STREET
RECONSTRUCTION PROGRAM (CITY PROJECT NO. 401).
Motion carried on a roll call vote, four ayes.
ITEM 6-0 APPROVE CHANGE ORDER NO. 1 FOR 1993 TRAIL IMPROVEMENTS,
PROJECT 317
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-708 APPROVING
CHANGE ORDER NO. 1 FOR 1993 TRAIL IMPROVEMENTS (CITY PROJECT
NO. 317).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 6
ITEM 6-P AWARD CONTRACT FOR DUNKIRK LANE IMPROVEMENT PROJECT
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-709 AWARDING BID
ON DUNKIRK LANE UTILITY AND STREET IMPROVEMENTS (CITY PROJECT
NO. 308).
Motion carried on a roll call vote, four ayes.
ITEM 6-0 APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS
FOR SCHMIDT LAKE ROAD FROM NORTHWEST BLVD. TO FERNBROOK LANE
IMPROVEMENT, PROJECT 213
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-710 APPROVING
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
FOR SCHMIDT LAKE ROAD, NORTHWEST BOULEVARD TO FERNBROOK LANE
CITY PROJECT NO. 213).
Motion carried on a roll call vote, three ayes (Edson,
Tierney, Vasiliou), 1 nay (Helliwell).
ITEM 6-R DAHLSTROM COMPANIES. INC. FINAL PLAT FOR WEST OAKS OF
PLYMOUTH LOCATED AT THE NORTHEAST QUADRANT OF FERNBROOK LANE AND
ROCKFORD ROAD (93078)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to:
Adopt RESOLUTION 93-711 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR DAHLSTROM COMPANIES, INC. FOR
PROPERTY LOCATED AT NORTHEAST OF FERNBROOK LANE AND
ROCKFORD ROAD (93078), and
Adopt RESOLUTION 93-712 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
PLYMOUTH OAKS" FOR PROPERTY LOCATED NORTHEAST OF
FERNBROOK LANE AND ROCKFORD ROAD (93078), and
Adopt RESOLUTION 93-713 ADOPTING ASSESSMENTS FOR CITY
PROJECT NO. 332, SANITARY SEWER AND WATERMAIN AREA,
PLYMOUTH OAKS.
Motion carried on a roll call vote, four ayes.
ITEM 6-S HARSTAD COMPANY - PUD FINAL PLAN/PLAT FOR KINGVIEW
HEIGHTS LOCATED AT FERNBROOK LANE AND 42ND AVENUE NORTH (93098)
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to:
Regular Council Meeting
November 1, 1993
Page 7
Adopt RESOLUTION 93-714 APPROVING FINAL PLAT FOR HARSTAD
COMPANIES FOR PROPERTY LOCATED WEST OF FERNBROOK LANE AT
42ND AVENUE NORTH (93098), and
Adopt RESOLUTION 93-715 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR
HARSTAD COMPANIES FOR "KINGSVIEW HEIGHTS 3RD ADDITION"
FOR PROPERTY LOCATED WEST OF FERNBROOK LANE AT 42ND
AVENUE NORTH (93098).
Motion carried on a roll call vote, four ayes.
ITEM 6-B CONSIDERATION OF RENTAL HOUSING LICENSING AND INSPECTION
PROGRAM
Councilmember Helliwell had requested that this item be pulled
from the Consent Agenda for separate discussion; she asked for
a staff briefing as to this item.
Building official Ryan gave the following background with
regard to this item:
In December 1992, the City sent a letter to all rental
housing owners which advised of the City's intent to
adopt a formal Housing Maintenance and Rental Licensing
Code early in 1993, provided a copy of the draft of the
proposed ordinance, and invited attendance at an
informational meeting in January 1993.
In January 1993, a Focus Group was formed to receive
input, share information and discuss various code
provisions and the proposed fee schedule for the Rental
Housing License Program.
In February 1993, the City Council deferred adoption of
the Rental Housing Licensing and Inspection Program and
directed staff to provide alternatives to the proposed
fee schedule.
In October 1993, the City sent a letter to all rental
housing owners and managers which advised of the City's
intent to adopt a formal Housing Maintenance and Rental
Dwelling License Code at the Council meeting of November
1, 1993, provided an outline of the proposed fee
schedule, and invited attendance at the November 1
Council meeting.
Regular Council Meeting
November 1, 1993
Page 8
As to future plans relative to this program, Ryan stated the
following:
By the end of November 1993, the City intends to notify
all possible rental housing owners of the existence of
the Housing Maintenance Code and Rental Licensing
Administrative Program.
In February 1994, inspections of rental dwellings is
planned to begin with the order of inspections
established by lottery in order to spread the inspection
load.
After an individual property has been inspected, the
owner will have twelve months in which to correct
deficiencies discovered during the inspection process.
Councilmember Vasiliou forwarded to Ryan a letter received
from rental property manager, Park Avenue of Wayzata, which
expressed concern as to the need for an equitable fee
schedule. She commented that perhaps one fee schedule will
not equitably address all situations, that she would like to
see a staff report as to variables and factors that have been
considered and the impact of those alternative fee schedules.
Ryan briefly reviewed alternative fee schedules which had been
considered by the Focus group.
Councilmember Helliwell commented that the development of this
program has been in process for nearly a year. She noted that
the intent is apparently to make this program self supportive
to pay administrative costs and the cost of one inspector,
however, figures indicate the program has not been self
supportive. She suggested the program be finalized soon since
it has been worked on for so long.
Stuart Nolan, of Fernbrook Townhomes, said he does not believe
the proposed fee schedule is equitable, and perhaps townhomes
need to be addressed separately. He stated that he is willing
to pay his fair share, but what is proposed is too high for
the property he represents.
Carol Scheidler, of Park Avenue of Wayzata, commented that she
supports the inspection process, but is opposed to the fee
schedule in that it seems to penalize townhomes. She urged
the Council to take another look at arriving at an equitable
fee schedule.
Regular Council Meeting
November 1, 1993
Page 9
Steven Schachtman, stated that he has no property in Plymouth
though he used to manage the Harbor Place development. He
recalled appearing before the Council about a year ago
regarding this issue and said he has a moral obligation to see
the matter through to closure. We advised that he works with
the license review board in Minneapolis and certainly supports
an inspection program, but finds the proposed fee schedule
discriminatory since some property owners cannot pass on costs
to residents. He suggested the Council adopt an ordinance
establishing the program, and then reevaluation and revisit
the matter of a fair and equitable fee structure. He added
that the Focus Group definitely did not recommend the proposed
fee schedule.
Michael Semsch, of Manor Royale and The Place Apartments,
stated that he supports an inspection program. He commented
that his goal is to provide quality, affordable housing, and
he fears that tenants will seek lower rental rates elsewhere
if the proposed fee schedule is forced to be passed on to
tenants. He added that the fee schedule is discriminatory, in
his opinion, and the City of Plymouth will ultimately suffer
if higher vacancy rates result from the proposed fee schedule.
Scott Brezny, of Wellington Apartments, stated that the
inspection program is necessary, but the inequitable proposed
fee schedule will only reduce the amount of money he has to
maintain and improve his property.
Penney Shaw, of Parks Lake Apartments, echoed the comments of
all the previous speakers.
Kathleen Grendahl, property owner of various rental
properties, voiced her concern regarding a flat fee, and
suggested a per unit fee with a multiplier.
Councilmember Edson recognized certain costs must be absorbed
through fees and it would be more expensive to inspect
properties with fewer units. He suggested the Council take
action to establish the inspection program and revisit the fee
structure issue in the very near future.
Councilmember Vasiliou concurred with Councilmember Edson's
comments and expressed her pleasure to see that the staff, the
Focus Group and the apartment owners have worked together.
She suggested that rather than determine a fee structure based
on a budget that must be met, perhaps it would make more sense
to propose a fair structure and then compare how well that
structure compares to the budget needs for the program.
Regular Council Meeting
November 1, 1993
Page 10
Councilmember Tierney expressed a desire not to replicate the
work the Focus Group and the staff have already done in this
matter. She said part of the budget for this program could
be considered as paid through taxes paid by property owners.
Councilmember Edson noted that the Council has a study session
scheduled in November when this matter could be discussed. He
asked if the Focus Group endorsed the proposed fee schedule.
Councilmember Helliwell asked if the Focus Group discussed
fees. She added that she cannot support the establishment of
the inspection program without a mechanism in place to fund
the program. She questioned whether an ordinance without a
plan for funding could be enforced.
Ryan stated that the Focus Group recommended fee structure
review, but they discussed fees only briefly, spending most of
their time working on elements of the program itself. He
asked the Council for specific direction as to how to proceed
in revisiting the fee schedule issue.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Edson, to adopt ORDINANCE 93-18 ADDING SECTION
405 OF THE PLYMOUTH CITY CODE RELATIVE TO HOUSING MAINTENANCE;
REPEALING EXISTING SECTION 410 AND ADDING A NEW SECTION 410
RELATING TO RENTAL DWELLING LICENSES.
Motion carried on a roll call vote, 3 ayes (Edson, Tierney,
Vasiliou), 1 nay (Helliwell).
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Edson, to direct staff to meet with the Focus
Group and other interested parties relative to a fee structure
for Rental Dwelling Licenses, and forward a recommendation to
Council by December 1, 1993.
Motion carried on a roll call vote, 3 ayes (Edson, Tierney,
Vasiliou), 1 nay (Helliwell).
ITEM 6-D CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AMENDED BUDGET FOR FISCAL YEAR 1993
u
Councilmember Helliwell had requested that this item be pulled
from the Consent Agenda for separate discussion; she asked for
a staff briefing as to this item.
Regular Council Meeting
November 1, 1993
Page 11
Community Development Director Hurlburt explained that this
agenda item is a request to revise the Fiscal Year CDBG
Program, changing the funding level for the current Scattered
Site Howeownership Program by the addition of a new program
called the Community Home Program.
A representative of the Community Home Program explained that
the Community Home Program is a non-profit organization geared
to provide licensed adult foster care for the physically
handicapped.
He explained that the Community Home Program is interested in
purchasing the property on the northeast corner of County Road
9 and Fernbrook Lane on which to construct the first of 16
homes planned in Hennepin County. He noted that the
Department of Human Services has determined that there is a
tremendous need for this type of facility.
He explained that each home is planned to house four
residents, with round-the-clock care, and have a typical
residential look while incorporating handicap accessibility
standards and other special care needs of residents.
Councilmember Helliwell asked if residents would be long-term
residents. He stated that residents will live in the home as
long as their special care needs are met.
Councilmember Tierney commented that this appears to be a much
needed service in our society.
Councilmember Vasiliou commented that this use of the subject
property is a "win/win" situation in that not only will this
use meet a need of our society, it will also provide an
appropriate use of a property which may otherwise be difficult
to develop.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-716 RECOMMENDING
REALLOCATION OF FISCAL YEAR 1993 COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 12
ITEM 6-I CONSIDERATION OF LAUKKA-WILLIAMS PARKERS LAKE AMENDED
MPUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR A LOT
DIVISION/CONSOLIDATION AND REDUCTION IN COMMON OPEN SPACE AT THE
SOUTHEAST CORNER OF VICKSBURG LANE AND 18TH AVENUE NORTH (93099)
Councilmember Helliwell had requested that this item be pulled
from the Consent Agenda for separate discussion; she asked for
staff clarification as to the property involved in this
matter, as the map included within Council packets was
somewhat illegible.
Community Development Director Hurlburt explained that this
proposal involves taking about 2,000 square feet of property
from a common outlot and adding it to three individual
adjoining single family lots. She added that the area
involved is mostly an existing berm, the result of this action
would be the rearrangement of lot lines which would
accommodate the construction of a slightly larger home on the
single family lots, and the loss in common space is thought to
be rather insignificant since the area in question is a bermed
area that is not very useful as common space.
Councilmember Helliwell commented that this change would
effectively reduce the size of the outlot/green space
considerably. She recalled a similar past action at another
location within this MPUD, and questioned whether the
developer could theoretically make subsequent similar requests
throughout the MPUD. She noted that approval of this action
would enable the developer to build a home that would be
larger than normally allowed, and she is leaning toward voting
against such action. She added that she would not wish to see
any subsequent similar changes to this MPUD.
Hurlburt confirmed that previous similar revisions had been
made to this MPUD; she commented that the developer does not
expect any further changes of this nature, and, in fact, most
lots in the MPUD are already developed.
Councilmember Edson noted that this action requires a 4/5
affirmative vote of the Council; he suggested that, since
neither the developer nor the Mayor were present, the matter
be deferred in order to be heard by a full Council.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to defer action with regard to this
case.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 13
IN FILL TO EXPAND AN EXISTING BERM LOCATED NORTHEAST OF THE
INTERSECTION OF 18TH AVENUE NORTH AND VICKSBURG LANE (93108)
Councilmember Helliwell had requested that this item be pulled
from the Consent Agenda for separate discussion. She voiced
concern with regard to the type of seed to be used as ground
cover, questioning whether the seed would be prairie grass.
Community Development Director Hurlburt stated that the seed
planned to be used is consistent with that used in other
approved projects, a variety of seed typically used by MNDOT.
She added that she believed the intent was for the ground
cover to be mowed regularly, much the same as is done by MNDOT
along highways, etc.
Councilmember Helliwell asked for a definition and purpose of
the emergency overflow Swale referred to within staff's report
on this case.
Public Works Director Moore explained that if the existing
storm sewer outlet from the pond were clogged (as may occur
should ice block the outlet) the emergency swale would serve
as a protective mechanism to redirect overflow drainage. He
commented that expansion of the berm would require the
construction of the emergency swale.
Councilmember Helliwell asked if the berm would actually block
the natural flow of drainage, creating the need for the swale.
Moore answered yes.
Hurlburt noted that an amendment to the plan is being
requested to allow the expanded berm, and the purpose of the
expanded berm is to improve privacy and provide a buffer from
traffic noise. She noted that the homeowners' association has
lent its support to this request.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Tierney, to adopt RESOLUTION 93-717 APPROVING
CONDITIONAL USE PERMIT FOR LAUKKA-WILLIAMS FOR PROPERTY
LOCATED IN THE NORTHEAST CORNER OF 18TH AVENUE NORTH AND
VICKSBURG LANE (93108).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 14
ITEM 6-M-5 CONSIDERATION OF DEVELOPMENT CONTRACT BOND REDUCTION
FOR PARKERS LAKE NORTH 2ND ADDITION - SHENANDOAH LANE EXTENSION
93067
and
Councilmember Helliwell had requested these items be pulled
from the Consent Agenda for separate discussion. She asked
for staff clarification as to what particular developments
these requests pertained to.
Public Works Director Moore clarified, outlining the
boundaries of the developments, and advised that the requested
action would reduce financial guarantees for public
improvements done in these areas.
MOTION was made by Councilmember Helliwell, seconded by
Councilmember Edson, to:
Adopt RESOLUTION 93-718 REDUCING DEVELOPMENT BOND FOR
PARKERS LAKE NORTH 2ND ADDITION (93067) SHENANDOAH LANE
EXTENSION, and
Adopt RESOLUTION 93-719 REDUCING DEVELOPMENT BOND FOR
PARKERS LAKE NORTH 10TH ADDITION (93067)
Motion carried on a roll call vote, four ayes.
ITEM 7-A PUBLIC HEARING REGARDING VACATION OF STREET RIGHT-OF-WAY
AND TRAIL EASEMENT ADJACENT TO LOTS 9 AND 10, BLOCK 1, SAGAMORE
ADDITION
Public Works Director Moore stated that the action being
requested in this case involves vacation of a portion of
Trenton Lane and trail and walkway easements adjacent to
Outlot B and Lots 9 and 10 Sagamore Addition.
As background, Moore explained that the City Council had
already approved a lot consolidation and site plan for
Plymouth Green Villas (93091), and the requested vacations are
required in order to construct as proposed on the approved
site plan. He noted that Trenton Lane was extended from 44th
Avenue to 45th Avenue providing a through street system from
43rd Avenue, the north portion of Trenton Lane was vacated
with the platting of Woodlands Addition, and Trenton Lane will
not be extended to the west, therefore, the right-of-way is
longer needed. In addition, he stated that, per Parks
Regular Council Meeting
November 1, 1993
Page 15
Director Blank, there are no plans to further extend the trail
along the south side of Trenton Lane, therefore, that easement
is also no longer needed.
The public hearing was opened inviting public comment; there
was no response; the public hearing was closed.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Tierney, to:
Adopt RESOLUTION 93-720 AUTHORIZING THE VACATION OF
TRENTON LANE STREET RIGHT-OF-WAY, OUTLOT B AND LOTS 9 AND
10, BLOCK 1 SAGAMORE ADDITION, and
Adopt RESOLUTION 93-721 AUTHORIZING THE VACATION OF A
TRAIL AND WALKWAY EASEMENT, OUTLOT B AND LOT 10, SAGAMORE
ADDITION.
Motion carried on a roll call vote, four ayes.
ITEM 8-A-1 REPORT ON OBJECTIONS AT PUBLIC HEARING ON SPECIAL
ASSESSMENTS FOR 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES
Parks Superintendent Peterson, explained that for 17 years he
had been involved in a process (as outlined in City Code
2020.13 Subdivision 1) whereby trees are inspected, flagged if
diseased, the property owner is advised of a 20 -day period in
which to remove diseased trees or contact the City with regard
to a plan for tree removal, and then the City making
arrangements with a contracted tree service for the removal of
diseased trees that are not attended to by the property owner
according to plan.
Peterson added that when a "forced" tree removal occurs, the
City pays the contractor a pre -approved cost and then assesses
the appropriate property owner, after which there is an appeal
process for this type of assessment.
With regard to this particular case, it was explained that the
City sent a certified letter to property owner Lee Bakewell
which was received and signed for on June 24, 1993)
explaining responsibilities, removal options and the time
frame involved; however, on July 14, 1993, the trees had not
been removed and no contact or request for extension had been
made by the property owner, thus a forced cut was initiated by
the City.
Regular Council Meeting
November 1, 1993
Page 16
Note was made that Coolen Brothers Tree Service removed the
trees on or before July 25, 1993 at a cost of $11,161.20, and
then the City added the typical 25% administrative fee
2,790.30), bringing the total bill to the property owner of
13,951.50.
Councilmember Tierney asked if the 25% administrative fee
became policy through Council action. Peterson stated that
the addition of a 25% administrative fee is a typical
practice, but he was uncertain as to how it was initiated.
Councilmember Tierney asked if the City had any indication
that the property owner was making a valid attempt to remove
the trees. Peterson said staff was not aware of any contact
having been made with regard to the diseased trees, that if
such contact had been made, the City would have been flexible
in trying to accommodate plans even if the plans took a
reasonable amount of time in excess of the 20 day period.
Lee Bakewell submitted documentation explaining the background
of the property and the series of negative events that had
transpired since his acquiring the property. He emphasized
that when he purchased the property there were unresolved
title questions involving a strip through the property which
was former Dunkirk Lane, then County Road 24 was realigned
affecting his property, then a large portion of the property
was deemed wetland, and then the matter of the diseased trees
arose. He drew attention to the documentation he had
submitted to Council to illustrate that, prior to the tree
removal issue, he had made several attempts to contact or work
with the City with regard to property -related issues, and he
believed staff had ignored him on several occasions.
With regard to the notice from the City about the diseased
trees, Bakewell commented that the notice was very unclear as
to what trees were involved and what the impending cost of
removal might be. He stated that he recognized the importance
of removing diseased trees, but did not believe he had been
treated fairly in that the notice was unclear and then he did
not receive the courtesy of a phone call or other notification
when the bill for removal of the trees was expected to be so
high. He stated that the basis for his objection to the
assessment is that the tree removal notice referred to "11DI
104I and 281 dots", and he had no idea what that reference
meant, or its implication. He further objected to the
unreasonable 25% administrative fee added to the bill.
Regular Council Meeting
November 1, 1993
Page 17
Mary Bakewell stated that she had contacted tree removal
contractors after receiving the tree removal notice, but had
not received a response from any of them until after the 20
day period had lapsed. She added that she never would have
guessed that the impending cost would be so high.
Councilmember Helliwell asked staff to respond to Bakewell's
claim that staff had ignored him on several occasions prior to
the tree removal issue. Public Works Director Moore stated
that Bakewell believed he had a right -of --way vacation issue
and Moore had tried to explain to Bakewell that there was not
a vacation issue and many things needed to be accomplished
before Bakewell's property concerns could be addressed.
Councilmember Helliwell asked how the diseased trees were
originally discovered. Peterson said diseased trees show
visible signs of stress and deterioration, and the trees were
noticed on a drive-by inspection. Peterson added that there
were 280 diseased trees and he believed the situation had been
steadily worsening over a long period of time.
Councilmember Edson was sympathetic to the significant amount
of the bill, but added that it is the property owner's
responsibility, not the City's, to maintain private property.
He noted that the City had forced cut weeds on the Bakewell
property in the past also. With regard to the administrative
fee, Edson stated that the fee may be appropriate on a small
bill, but 25% was inappropriate on such a significant bill.
City Manager Johnson said he believed the Council had the
power to decide as to assessment of the administrative fee.
Councilmember Vasiliou suggested that the administrative fee
be waived, either in total or in part, since it appears that
the City may share some responsibility in the miscommunication
that apparently transpired. She recommended to staff, that
in the future, these types of matters be clearly communicated
and the potential for incurred costs also be communicated.
Councilmember Edson concurred and added that the tree removal
notification form and any other similar forms used by the City
must be "user friendly" to clearly and diplomatically
communicate to the recipient of the form.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Tierney, to waive the administrative fee of 25%
from the assessment levied on the Bakewell property.
RESOLUTION 93-721A)
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
November 1, 1993
Page 18
MOTION was made by Councilmember Edson, seconded by
Councilmember Vasiliou, to direct staff to reevaluate all
forms/notices that are sent to the public, and redesign them
as appropriate to enhance their clarity.
Motion carried on a roll call vote, four ayes.
ITEM 8-A-2 REPORT ON OBJECTIONS AT PUBLIC HEARING ON SPECIAL
ASSESSMENTS FOR NORTHWEST BLVD./SCHMIDT LAKE ROAD, PROJECT 011
Public Works Director Moore recalled that on October 18, 1993,
the City Council held a public hearing on the proposed final
assessment for the improvement to Northwest Boulevard/ Schmidt
Lake Road, during which Brett Smith of 4940 Pineview Lane
objected to his concrete curb and gutter special assessment on
the basis that Smith did not believe he had received benefit
from the curb and gutter.
Moore stated that the primary purpose of curb and gutter is to
control drainage for a road surface and adjoining properties.
He noted that all other properties in this area were also
assessed or the developer provided escrow for the improvement.
He noted that the assessment for the Smith property related
only to concrete curb and gutter, that no other portion of the
road or cost to construct the berm was assessed to Smith,
therefore, staff's recommendation was to make no change to the
special assessment against the Smith property.
Moore further noticed that, at the request of Smith and his
neighbors, a modification was made to how the street was
constructed adjacent to the Smith property. He drew attention
to a diagram indicating that if curb and gutter had not been
included, paved or gravel shoulder and a drainage ditch would
have been required, and the screen berm, which was requested
by the property owners, would have been impossible where it
was located.
Councilmember Helliwell said it seems unfair to be assessed on
both the front of the Smith lot (on a cul-de-sac) and on the
rear of the property also. Councilmember Vasiliou stated that
assessments from more than one side do exist in various
locations throughout the City. Moore added that this
assessment has been pending since September 1990 and the
actual assessment is less than the September 1990 estimate.
Regular Council Meeting
November 1, 1993
Page 19
Note was made that Smith was not present. Moore stated that
Smith was sent a staff report and advised of the meeting.
MOTION was made by Councilmember Vasiliou, seconded by Edson,
to reaffirm the decision initially made by Council with regard
to the assessment for the Smith property.
Motion carried on a roll call vote, four ayes.
ITEM 8-B DISCUSS NEED FOR ADDITIONAL SPORTS FACILITIES - ALAN
SUCKERMAN, PLYMOUTH -NEW HOPE ATHLETIC ASSOCIATION
Note was made that the New Hope/Plymouth Athletic Association
had requested to be placed on this evening's agenda to make a
presentation and discuss the need for additional sports
facilities; no one from NHPAA was present.
MOTION was made by Councilmember Vasiliou, seconded by Edson,
to defer this item until NHPAA contacts the City again.
Motion carried on a roll call vote, four ayes.
Councilmember Vasiliou referred to a report compiled by Parks
Director Blank and Recreation Supervisor Busch in anticipation
of the discussion regarding the need for additional sports
facilities. She thanked staff for the report and asked it be
kept on file since this issue arises often.
ITEM 9-A STUDY SESSION SCHEDULE AND CITY COUNCIL INFORMATION
City Manager Johnson advised that this evening's meeting
should be adjourned to the Election Canvassing Meeting. He
suggested times for the Election Canvassing Meeting; Council
agreed to tentative times of Wednesday, November 3 at 3:30
p.m. or Thursday, November 4 at 4:00 p.m. (Johnson to
confirm).
Johnson drew attention to a memo from Community Development
Director Hurlburt regarding H.I. Enterprises' pylon sign at
Holiday Express, and suggested that Council direct the
Planning Commission to review this matter.
Councilmember Vasiliou commented that she did not believe it
prudent to consider an ordinance amendment creating a vehicle
for "bending the rules" just to address one very uncommon set
of circumstances. City Manager Johnson concurred with
Councilmember Vasiliou's reluctance, but added that it is the
Regular Council Meeting
November 1, 1993
Page 20
opinion of the Community Development Department and the City
Attorney that the H.I. Enterprises case cannot be handled
without changing the existing ordinance.
MOTION was made by Councilmember Edson, seconded by
Councilmember Vasiliou, to direct staff to draft a proposed
ordinance amendment for the required public hearing, and
forward a recommendation to the City Council.
Motion carried on a roll call vote, four ayes.
Councilmember Tierney referred to a letter from Nedegaard
Construction expressing frustration relative to the City's
Tree Preservation Policy. She asked if the City has been well
served by this policy overall. Parks Director Blank stated
that overall the policy works well, but the Nedegaard concern
relates to trees that were damaged. Councilmember Vasiliou
said the Nedegaard case may be an isolated incident as she has
not been aware of similar frustrations expressed in the past.
The meeting was adjourned at 9:31 p.m. to the Election Canvassing
Board Meeting.
Recording Secretary