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HomeMy WebLinkAboutCity Council Minutes 11-15-1993MINUTES REGULAR COUNCIL MEETING NOVEMBER 15, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:02 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on November 15, 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, Community Development Director Hurlburt, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A PROCLAMATION OF RED RIBBON WEEK Mayor Bergman proclaimed November 12 - 19, 1993, as Minnesota Chemical Health Red Ribbon Week in the City of Plymouth. Fire Chief Kline invited residents to participate in Minnesota Chemical Health Week activities. ITEM 4-B 1992 PEDESTRIAN SAFETY CITATION AWARD JoAnne Boche, Community Services Manager of AAA, presented the City of Plymouth with the 1992 Pedestrian Safety Citation Award. ITEM 5 APPROVE AGENDA Mayor Bergman requested that Item 8-C be considered as the first item under General Business. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the agenda as amended. Motion carried on a roll call vote, five ayes. Regular Council Meeting November 15, 1993 Page 2 ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to approve the Consent Agenda. Motion carried on a roll call vote, five ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to approve the City Council minutes of the Regular Meeting of September 20, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-723 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 5, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-C WELSCH COMPANIES - CONDITIONAL USE PERMIT (93113) MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-724 APPROVING CONDITIONAL USE PERMIT FOR INTERMEDIATE SCHOOL DISTRICT 287, HENNEPIN TECHNICAL COLLEGE (93113). Motion carried on a roll call vote, five ayes. ITEM 6-D LAUKKA-WH LIAMS PARKERS LAKE - AMENDED MPUD PRELIMINARY PLAN AND CUP FOR A LOT DIVISION/CONSOLIDATION 93099 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-725 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR LAUKKA-WILLIAMS PARKERS LAKE, LOCATED AT THE SOUTHEAST CORNER OF VICKSBURG LANE NORTH AND 18TH AVENUE NORTH (93099) Regular Council Meeting November 15, 1993 Page 3 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-726 APPROVING LOT DIVISION/CONSOLIDATION - LAUKKA-WILLIAMS PARKERS LAKE, LOCATED AT THE SOUTHEAST CORNER OF VICKSBURG LANE NORTH AND 18TH AVENUE NORTH (93099). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-727 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR LAUKKA-WILLIAMS PARKERS LAKE, LOCATED AT THE SOUTHEAST CORNER OF VICKSBURG LANE NORTH AND 18TH AVENUE NORTH (93099). Motion carried on a roll call vote, five ayes ITEM 6-E RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENT (90060/90061). MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-728 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LYMAN DEVELOPMENT COMPANY (NEW HORIZON HOMES) FOR PARKVIEW RIDGE 2ND ADDITION, LOCATED AT THE NORTHWEST CORNER OF MINNESOTA LANE AND 38TH AVENUE NORTH (90060). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-729 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LYMAN DEVELOPMENT COMPANY (NEW HORIZON HOMES) FOR PARKVIEW RIDGE 3RD ADDITION LOCATED AT THE NORTHWEST CORNER OF MINNESOTA LANE AND 38TH AVENUE NORTH (90061). Motion carried on a roll call vote, five ayes. Regular Council Meeting November 15, 1993 Page 4 ITEM 6-F DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-730 REDUCING DEVELOPMENT BOND - CHURCHILL FARMS 3RD ADDITION (92021). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-731 REDUCING DEVELOPMENT BOND - CHURCHILL FARMS 4TH ADDITION (92022). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-732 REDUCING DEVELOPMENT BOND - PINE CREEK ADDITION (92020). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-733 REDUCING DEVELOPMENT BOND - HOLLY CREEK ADDITION (91106). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-734 REDUCING DEVELOPMENT BOND - HOLLY CREEK 2ND ADDITION (93096). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-735 REDUCING DEVELOPMENT BOND - HEATHER RUN ADDITION (92035). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-736 REDUCING DEVELOPMENT BOND - PLYMOUTH MEADOWS ADDITION (88112). Motion carried on a roll call vote, five ayes Regular Council Meeting November 15, 1993 Page 5 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-737 REDUCING DEVELOPMENT BOND - PARKVIEW RIDGE ADDITION (88018). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-738 REDUCING DEVELOPMENT BOND - AUTUMN HILLS ADDITION (92060). Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-739 REDUCING DEVELOPMENT BOND - HARBOR WOODS ADDITION (90093). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-740 REDUCING DEVELOPMENT BOND - SUGAR HILLS 2ND ADDITION (93084). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-741 REDUCING DEVELOPMENT BOND - PLYMOUTH CREEK HEIGHTS ADDITION (92115). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-742 REDUCING DEVELOPMENT BOND - BASS LAKE TERRACE 2ND ADDITION (91070). Motion carried on a roll call vote, five ayes. ITEM 6-G APPROVE PLANS AND ADVERTISE FOR BIDS FOR WELL NO. 11 PUMPING FACILITY, PROJECT NO. 909. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-743 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, WELL NO. 11- PUMPING FACILITY, CITY PROJECT NO. 909. Regular Council Meeting November 15, 1993 Page 6 Motion carried on a roll call vote, five ayes. ITEM 6-H AWARD CONTRACT FOR FERNBROOK LANE IMPROVEMENTS, PHASE I. PROJECT NO. 907. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-744 AWARDING BID, FERNBROOK LANE UTILITY AND STREET IMPROVEMENTS, CITY PROJECT NO. 907 (PHASE I). Motion carried on a roll call vote, five ayes. ITEM 6-I RECEIVE PETITIONS AND PRELIMINARY ENGINEERING REPORTS, AND ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-745 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SUGAR HILLS 2ND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-746 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - SUGAR HILLS 2ND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-747 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - HOLLY CREEK 2ND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-748 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, HOLLY CREEK 2ND ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting November 15, 1993 Page 7 ITEM 64 RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-749 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION COMPANY FOR THE ROCKFORD ROAD PLAZA FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF VINEWOOD LANE AND ROCKFORD ROAD (90051). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-750 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR OPPORTUNITY WORKSHOP, INC., FOR PROPERTY LOCATED AT 10000 51ST AVENUE NORTH (91049). Motion carried on a roll call vote, five ayes. ITEM 7-A PUBLIC HEARING ON LICENSE AND PERMIT FEES Finance Director Hahn presented proposed license and permit fee changes. He recommended that dog licenses be issued free for the first year when a new owner moves into the City. This will encourage owners to get their dogs immediately licensed, rather than waiting until the following year. Mayor Bergman opened the public hearing on recommended license and permit fees at 7:10 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-751 DIRECTING FINANCE DIRECTOR TO PREPARE ORDINANCE AMENDMENTS FOR LICENSE AND PERMIT FEE CHANGES. Motion carried on a roll call vote, five ayes. ITEM 7-B ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION FOR REGENCY PLYMOUTH VENTURES LIMITED PARTNERSHIP City Clerk Rauenhorst presented the staff report on the application of Regency Plymouth Ventures Limited Partnership (Plymouth Radisson Hotel and Conference Center) for an On -Sale and Sunday Intoxicating Liquor License at 3 13 1 Campus Drive. She stated the license is recommended for approval. Regular Council Meeting November 15, 1993 Page 8 Mayor Bergman opened the public hearing on the liquor license application at 7:11 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-752 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR REGENCY PLYMOUTH VENTURES LIMITED PARTNERSHIPS, 3131 CAMPUS DRIVE. Motion carried on a roll call vote, five ayes. ITEM 7-C REQUEST OF DAILY PRINTING FOR ISSUANCE OF $6,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS Community Development Director Hurlburt described the request of Daily Printing, Inc., for $6,000,000 of Industrial Development Revenue Bond financing. She stated Daily Printing is a commercial printing business located at 2220 Fernbrook Lane. They propose to relocate the company to a new building in the Parkers Lake Corporate Center on Niagara Lane between 25th and 23rd Avenues North. At the October 18 meeting, the City Council requested additional information to determine if two of the industrial development revenue bond guidelines were met by the proposed project. First, there was a question as to how much of the bond proceeds would be used to purchase equipment. The City's policy states that it will not normally consider financing equipment which is not an integral part of the structure. She stated that staff has received written confirmation that the $600,000 will cover the tearing down, moving, erecting, and hooking up of the company's current equipment, and will not be used to purchase any new equipment. Secondly, the Council requested additional information on Daily Printing's financial condition and the equity that they would be contributing to the project. Staff obtained the company's last three fiscal year-end audited financial statements, their most recent interim financial statement, the company's internally prepared forecasts, together with First Bank spread sheets of those historical financial statements and their own forecasts. These statements were submitted to Peat Marwick, Certified Public Accountants for review. In their review, Peat Marwick identified two concerns. First, there was a question of the equity that the company would be putting into the project. This issue was discussed with First Bank representatives. The bank will provide a letter of credit to enhance the bonds, and hold as collateral a first mortgage on the land, building, and equipment. Based on this information, staff believes that the requirement for reasonable showing of Regular Council Meeting November 15, 1993 Page 9 equity in the project has been satisfied. It also appears that the final amount of the bond issue will be significantly less than the $6,000,000 initially indicated. Director Hurlburt stated the second concern was that the financial statements reflect large life insurance proceeds. Further discussions with the applicant determined that the life insurance proceeds are from the death of the original owner of the company, who has not participated in the operation of the business for approximately 12 years. Director Hurlburt recommended that the Council adopt a resolution granting preliminary approval to Daily Printing's request for industrial development revenue bond financing in an amount not to exceed $4.5 million. The amount reflected in the resolution is less than the initial request because of the new information on project costs and to ensure that the requirement for a reasonable showing of equity in the project will be met. Mayor Bergman opened the public hearing on the request of Daily Printing for Industrial Development Revenue Bond financing at 7:14 p.m. No one appeared, and the hearing was closed. The Council further discussed the credit enhancement for the project, and indicated that this should either be a condition of the approving resolution, or the resolution could be adopted with the understanding that credit enhancement will occur later. Councilmember Edson stated he wants to ensure that the company is financially stable. Even though these would not be general obligation bonds of the City, if the bonds would go into default, it would reflect badly on the City. He stated the City should do everything it can to ensure the bond issue will be successful. He is comfortable with an assurance from First Banks that a letter of credit will be issued on the project. Director Hurlburt stated that staff understands the Council's intent is that prior to final approval of the bonds, the credit enhancement will be verified. Regular Council Meeting November 15, 1993 Page 10 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-753 GIVING PRELIDHNARY APPROVAL TO A PROJECT ON BEHALF OF DAILY PRINTING, INC., AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AUTHORIZING A SUBMISSION TO THE MINNESOTA DEPARTMENT OF FINANCE FOR AN ALLOCATION OF BONDING AUTHORITY IN AN AMOUNT NOT EXCEEDING $4,500,000; AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS. Motion carried on a roll call vote, five ayes. ITEM 8-C MACE MCMAHON. AMENDED PUD PLAN AND CUP FOR HERITAGE WOODS ESTATES (93110). Associate Planner Keho described the request of Mike McMahon for amended Planned Unit Development Plan and Conditional Use Permit for Heritage Woods Estates to eliminate the common outlet and private trail, located east of Northwest Boulevard and west ofPineview Lane at 58th Avenue North. He stated that at the public hearing, several of the homeowners in this development described the history of the project and how some of the homeowners had bought into the development before the homeowner's association documents were recorded. The speakers also indicated that they did not accurately know what property was included in the maintenance responsibility of the homeowner's association. After reviewing this request, staff is recommending that the private trail be retained and that the homeowner's association grant an easement for the trail to the City. The City would then be responsible for maintenance of the trail. Staff is further recommending that the City take corrective action to eliminate the water problem associated with the trail which will involve raising its elevation. Staff also recommends that the PUD be amended to authorize the elimination of the common outlot, and that the homeowner's association covenants and restrictions that currently apply to this development reflect the division of the common outlet among the adjoining properties. Expenses associated with the elimination of the outlet, such as preparation of documents or removal of the play equipment, should be borne by the property owners. Planner Keho stated staffs recommendation to eliminate the open space is based on the unique circumstances related to this development. First, the homeowners' association documents were not recorded in the proper timing sequence and at least five lots were sold prior to the recording of the documents. Secondly, this Regular Council Meeting November 15, 1993 Page 11 outlot was intended to serve a 24 lot subdivision. A homeowners' association in a neighborhood with only 24 lots is smaller than most single family homeowners' associations that are responsible for a common space. The burden on the members of the association is significantly increased as a result of the failure to record the association documents properly. The City is concerned that due to the small number of lots involved in this association, the association may not be able to adequately function and the outlot could ultimately be allowed to deteriorate. Councilmember Vasiliou stated she appreciates that the Planning Commission was not in a position to make a recommendation on this issue. She stated that numerous homeowners' associations have requested that the City take common property outlots because they can create significant problems with insurance, maintenance, and upkeep. She stated that future City Councils should carefully consider platting of common open space so as not to create liabilities for homeowner associations. Councilmember Tierney stated that there are only 24 lots, and she questioned whether this negates its PUD status. Director Hurlburt stated that the 24 lots was part of a much larger PUD when originally approved. She stated that something the City should consider in the future is whether each subdivision is large enough to support a homeowners' association. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-754 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR HERITAGE WOODS ESTATES FOR PROPERTY LOCATED EAST OF NORTHWEST BOULEVARD, WEST OF PINEVIEW LANE AND 58TH AVENUE NORTH (93110). Motion carried on a roll call vote, five ayes. ITEM 8-A LEE BAKEWELL - PROPERTY NEAR MEDINA ROAD AND COUNTY ROAD 24 Public Works Director Moore stated City staff has held several meetings with Mr. Bakewell, along with the adjacent property owner, Hans Hagen, regarding Mr. Bakewell's request to acquire a parcel of land owned by the City of Plymouth adjacent to his property. In accordance with the City's adopted transportation plan with the development of this area, the road system will be rearranged and County Road 24 will be connected with County Road 9. The City Council has authorized the preparation of plans and specifications for this project and staff and the consultant have been working with the Minnesota Department of Transportation Regular Council Meeting November 15, 1993 Page 12 and Hennepin County on developing these plans for over a year. As part of the plan development process, staff has also met with the property owners concerning the need for water quality ponds for drainage from the road improvements. Director Moore stated the City has reached an agreement to locate this pond on the Hans Hagen property on a temporary basis until he proposes any development on the property. If development is proposed on the property in the fixture, the City will then have to permanently construct the pond at its final location. Director Moore showed a drawing indicating the strip of land owned by the City of Plymouth which separates the Bakewell property. He stated it was originally proposed that the water quality pond would be located on this property. If the pond is located on this property, it could restrict the remainder of the Bakewell property from access to the revised road system as the area develops. Director Moore stated that during meetings with the property owners, staff has encouraged them to consider an overall development plan for all of the property. The necessary water quality ponds could then be located at an area which would not restrict the development of the property. As of this time, Mr. Bakewell and Mr. Hagen have reached no agreement. Director Moore noted that much of the Bakewell property is classified as wetlands. Director Moore stated Mr. Bakewell feels that the City owned property should be given to him by the City, as he believes it was only by error that the City obtained it. Director Moore stated that he has indicated to Mr. Bakewell that he would recommend that the City Council trade this parcel of land for either the right-of- way necessary for future Medina Road on the southerly part of his land, or as part of some land exchange for development of the entire area for land which the City would obtain for a water quality pond. Mr. Bakewell has not expressed an interest in such an agreement. Director Moore recommended that the City not dispose of this parcel of land until the revised road system is completed in the area and all water quality ponds have been constructed. He stated this parcel of land was purchased by the City as part of the acquisition of the property for the fire station and should not be disposed of unless the City receives a fair value. Mr. and Mrs. Lee Bakewell, 1846 Delaware, West St. Paul, described the history of the parcel and stated that the parcel was acquired by the City through an error. He requested that the City of Plymouth deed the 33 foot portion of the abandoned Dunkirk Road to him for a number of reasons. He stated that normally abandoned roadways are given to the adjacent property owners. He stated that since this transfer was inadvertently made to a non -adjoining property owner, it should be reversed by deeding it to him. He stated the City has no possible use for one half of the right-of-way to a roadbed that goes nowhere. He stated there is no chance that the City's half of Old Dunkirk will ever be connected with the west half of the Regular Council Meeting November 15, 1993 Page 13 roadway and Dunkirk's access will not be restored to Highway 55 as it was years ago. Modern planning principles don't permit such alignments. Mr. Bakewell also stated that modern planning does not condone the placing of permanent sedimentation ponds this close to the roadway. He stated that if this area is used for ponding purposes, it would look like a long canal. Mayor Bergman stated that even though the City may have no intention of using the abandoned roadway, future development in the area may impact the use of the property for water quality ponds. Public Works Director Moore stated that the potential water quality pond would be needed for the roadway, as well as for the Seven Ponds development. He stated that if Mr. Bakewell's property is developed, the pond would be required as well. Mr. Bakewell stated they have no immediate plans for development of the property. He would like the City to deed the property to him because it causes a serious cloud on his property title. Mayor Bergman again stated that if the City would release this portion of property now, the City may later have to purchase property elsewhere for ponding. Mr. Bakewell stated that the City should correct the past mistake that was made, and not get into a discussion of the subject of what he is willing to give or exchange for the parcel. Councilmember Vasiliou asked if Hans Hagen dedicated right-of-way for Medina Road, and whether he was compensated for that dedication. Director Moore responded that Hans Hagen did dedicate property for County Road 24, and he was not compensated. Councilmember Helliwell asked when the improvements to the County Road 24/Highway 55 intersection are proposed. Director Moore stated the City has reached an agreement with the Department of Transportation on the intersection, and the final plans will probably be submitted to the Council in January. Councilmember Helliwell stated that perhaps by late winter the City will know where the roads are proposed. Regular Council Meeting November 15, 1993 Page 14 Director Moore stated that the key to the City's disposal of the property is the development of the Hans Hagen property and Bakewell property. Councilmember Helliwell expressed concerns that the City may have to repurchase land if it now deeds this property to the Bakewells. Councilmember Tierney asked when the Medina Road extension will be constructed through the Bakewell property. Director Moore stated that it is currently not included in the 5 -Year Capital Improvement Program, and it can't be built until traffic justifies the construction. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to defer consideration of the request of the Bakewell's for the City to deed a portion of the abandoned Dunkirk Road until the permanent location for the water quality ponds is determined and the City can take action on the entire area. Motion carried, five ayes. ITEM 8-B ROTTLUND HOMES - PUD PRELIMINARY PLAN/PLAT AND CUP 93055). Associate Planner Keho presented the request of Rottlund Company, Inc., for amended Mixed Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Pintail Villas, located at the east side of Shenandoah Lane and 22nd Avenue North. He stated that on August 30, the City Council voted 3 to 2 to approve a request by Rottlund for a 116 unit multi -family project on this site. Because a four fifth's vote was required for approval, the request was effectively denied. The Planning Commission had recommended denial of the proposal because the density did not meet the standards set for the Parkers Lake Planned Unit Development, which had been established at 1,147 units for the entire development, and a range of 142 to 194 units for this site. Planner Keho stated after the Council action, the developer modified the plan to bring the number of dwelling units up to 144. On October 4, the City Council remanded this request to the Planning Commission to ensure that the required parking was shown on the plan and that no structures such as fences or balconies were within the front yard setback. On October 27, the Planning Commission on a 4 to 0 vote, confirmed that the revised site plan provided for all the required parking spaces in the project without using any garage apron spaces. The revised plan also had been modified to show that no fences, decks, or other building structures would be constructed within the 25 foot front yard setback. Associate Planner Keho stated that the PUD Plan for the Parkers Lake North Addition as it was approved in 1987, does not show any building footprints for Regular Council Meeting November 15, 1993 Page 15 particular building types. Prior to the 1987 amended PUD Plan, there were building footprints shown on a PUD Plan for this area. It shows multi -family building types in the vicinity of the proposed project. The pre -1987 plan also shows that multi -family attached dwellings were proposed for a portion of the Laukka-Williams single-family Sun Court homes have been developed, and a different street system has now been constructed. Planner Keho stated the Council had also directed staff to research the intent issue regarding the number and type of units proposed for the Parkers Lake development. He provided the Council with excerpts from the February 25, 1987 Planning Commission meeting minutes. At that meeting, the issue of building design was discussed. The applicant stated that, "since this is a large project to build out over a number of years; they do not wish to be locked into a specific design for each area, which would make it necessary to come back and amend the PUD each time the housing market changes." The applicant's narrative submitted in 1987 for the PUD amendment also discussed design flexibility. Planner Keho recommended approval of a resolution providing for an amended MPUD Preliminary Plan/Plat and Conditional use permit for Pintail Villas. Councilmember Vasiliou stated that she believes the Council's intent for high density housing on this site was very clear. She stated that a copy of the overall PUD was placed in the sales office, and many individuals purchased homes in Parkers Lake based on the understanding that this property would be used for high density housing. Todd Stutz, Rottlund Homes, stated that on October 4, the City Council had expressed concern with two items. Those two issues have been considered by the Planning Commission and found to be in compliance. He stated the development is proposed at 144 units which is within the density range of the Parkers Lake PUD. He stated this is the fourth revision of the plan by Rottlund Homes, and the plan provides for diversity of housing types. John Terrell, 15820 - 17th Avenue North, stated he moved into the Parkers Lake area four years ago. He was impressed that the City had approved a master development plan for the area. He stated that representations were made to him as to diversity of housing that would be built in the neighborhood. He stated that the development as proposed will mitigate against the diversity intended in the master plan and will create an over -building of townhouses. This will have a negative effect on the existing Sun Court townhouses. He encouraged the Council to maintain the integrity of the original plan, and deny the Rottlund request. Linda Zeilinger, 1960H Shenandoah Court, stated she is the Vice President of the Parkview Condominium Association of Parkers Lake. She stated that an overall diverse housing type plan was developed in 1987. The 1,147 "build to" number includes specific types of housing proposed for each outlot. She stated that an Regular Council Meeting November 15, 1993 Page 16 additional 144 town home units will be a diversion from the intent of diversity of the master plan. She provided a picture of the map which was on display in the Parkers Lake sales office, as well as sales literature that was provided. She requested that the City uphold the original intent of the master plan, and deny the Rottlund request. She stated that many existing townhome owners based their investment decisions on this information. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-755 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR ROTTLUND HOMES, INC., FOR PROPERTY LOCATED ON THE EAST SIDE OF SHENANDOAH LANE AT 22ND AVENUE NORTH (93055) (MPUD 83-1). In response to a question by Councilmember Tierney, Mr. Stutz stated that Rottlund is proposing two story units with separate entrances, with attached garages. He stated these features are important for marketability purposes. Mayor Bergman stated that he had discussed with the former Mayor the intent of the Parkers Lake PUD approval in 1987. He had indicated that the 1,147 units was a "not to exceed" number; not a "build to" number. Mayor Bergman further stated that the information posted in the sales office and in the literature indicated that the information can be changed at any time and should not be relied upon when making the decision to purchase a home. Councilmember Edson stated that the 1987 PUD narrative discusses that this development should be responsive to the short-term market needs, and that the precise architecture and building types will be site planned within the given density ranges." He noted that there were also references to a maximum number of units; not a "build to" number. Councilmember Vasiliou stated she will not support the request. She stated the map was required to show housing unit types at the time the plan was approved. The Council required that this plan be posted in the sales office. She believes the Council intent was very clear in adoption of the master plan and that specific housing types were designated. Councilmember Tierney stated that the Planning Commission minutes confirm that the 1,147 was a maximum number, not a "build to" number. Motion carried on a roll call vote, four ayes, Vasiliou nay. Regular Council Meeting November 15, 1993 Page 17 ITEM 9-A CAPITAL IMPROVEMENT AND PROJECT STATUS REPORTS Councilmember Vasiliou stated the Weston Lane drainage improvements need to be checked. She stated concerns that the City spent $44,000 to correct the problem, and the pipe still is plugged and filled with debris. She would like a report on how the drainage project is supposed to function. Director Moore stated that this is a natural wooded area, and the purpose of the project was to install a larger pipe so that water could be drained at a faster rate from the area. Councilmember Vasiliou stated she would still like a report on what the project was intended to do since downstream flooding still occurs. Director Moore stated that one of the problems in engineering the project, was that the watershed district does not want water to drain at a faster rate to Gleason Lake. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to accept the Capital Improvement and Project Status Reports. Motion carried, five ayes. ITEM 9-B APPOINTMENTS FOR WARD 2 CITY COUNCILMEMBER AND BOARDS AND COMMISSIONS. Manager Johnson stated that Councilmember Tierney has inquired about the possibility of advertising now for the Ward 2 Council seat that she intends to vacate upon assuming the office of Mayor in early January. Research by the City Attorney confirms that there is no problem with advertising now, which would allow the new Council to review applications and interview early applicants in January. This could allow the new Ward 2 Councilmember to be appointed and seated by late January. He stated the same situation exists with Board and Commission appointments. Councilmember Tierney requested that the City Attorney report on the process if a tie vote for appointment occurs. She stated that she would like the Ward 2 Councilmember appointment made as quickly as possible after January 1. Regular Council Meeting November 15, 1993 Page 18 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to AUTHORIZE STAFF TO ADVERTISE FOR A PENDING WARD 2 COUNCIL VACANCY, AS WELL AS FOR BOARD AND COMMISSION APPOINTMENTS TO ALLOW THE CITY'S GOVERNING AND ADVISORY BOARDS TO OPERATE AT FULL STRENGTH AND EFFICIENCY AS RAPIDLY AS POSSIBLE IN 1994. Motion carried, five ayes. ITEM 9-C COUNCIL INFORMATION MEMORANDUM. Manager Johnson stated that the election recount for Ward 3 has been conducted. The results are identical to the original election totals. He stated that the Council must now canvass the results. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to establish a special Council meeting to canvass the results of the Ward 3 Recount, beginning at 3:00 p.m. on Wednesday, November 17, 1993. Motion carried, five ayes. Manager Johnson stated that the Park and Recreation Advisory Commission has suggested that the City contact the Hennepin County Park District regarding French Park, with respect to the Baton Corporation project and request by French Woodlands Group. Councilmember Edson stated that the contact was recommended so that the City had accurate information as to the position of Hennepin County as to whether they are interested in working toward acquisition of additional property. Manager Johnson stated that staff will set up a meeting. Councilmember Tierney stated that she has discussed several Council orientation issues with Manager Johnson. She would hope that the orientation could include establishing goals and objectives, team building, and possible leadership retreat. Councilmember Tierney stated that she and staff met with Northwest Racquet Club representatives. Manager Johnson stated the meeting was held in order for Northwest Swim and Fitness to determine if there is a market in this area. He stated that several members of the staff and Council toured one of their facilities. He stated they may Regular Council Meeting November 15, 1993 Page 19 be flexible toward meeting the specific needs of Plymouth, and several sites are under review. Mayor Bergman stated that he believes that this is an excellent opportunity for a public/private partnership in some way. Councilmember Vasiliou agreed that this may be a very attractive offer for the City, and she encouraged the new Council to pursue it. The meeting was adjourned at 8:55 p.m. Cil Gcn O 1 Ileu City Clerk