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