HomeMy WebLinkAboutCity Council Minutes 12-20-1993MINUTES
REGULAR COUNCIL MEETING
DECEMBER 20, 1993
The regular meeting of the Plymouth City Council was called to order by Mayor Bergman
at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
December 20, 1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell and Tierney.
Councilmember Vasiliou left the meeting at 10:00 p.m.
ABSENT: None
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert,
Community Development Director Hurlburt, Public Works Director
Moore, Public Safety Director Gerdes, Park Director Blank, Finance
Director Hahn, Building Official Ryan, Park Superintendent
Peterson, Property Management Coordinator Tabery, Associate
Planner Keho, City Attorney Meller, and City Clerk Rauenhorst
ITEM 4-A PRESENTATION - MAYOR KIM BERGMAN; COUNCILMEMBER
MARIA VASILIOU
Councilmember Edson announced that this will be the last Council meeting for
Mayor Kim Bergman and Councilmember Maria Vasiliou. He thanked them on
behalf of the Council for their service to the City and presented each with an
engraved bowl.
Mayor Bergman and Councilmember Vasiliou thanked family, friends, residents,
and staff for the assistance they received while in office.
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to approve the agenda.
Motion carried, five ayes.
ITEM 6 CONSENT AGENDA
MOTION was made by Councihnember Edson, seconded by Councilmember
Tierney, to approve the Consent Agenda.
Council Minutes
December 20, 1993
Page 2
Motion carried, five ayes.
ITEM 6-A APPROVE DISBURSEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-782 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING DECEMBER 10, 1993.
Motion carried, five ayes.
ITEM 6-B-1 APPROVE CIGARETTE LICENSES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-785 APPROVING 1994 CIGARETTE
LICENSE APPLICATIONS.
Motion carried, five ayes.
ITEM 6-11-2 APPROVE AMUSEMENT LICENSES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-786 APPROVING 1994 AMUSEMENT
LICENSES.
Motion carried, five ayes.
ITEM 6-B-3 APPROVE AMUSEMENT CENTER LICENSE
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-787 APPROVING 1994 AMUSEMENT
CENTER LICENSE.
Motion carried, five ayes.
ITEM 6-11-4 APPROVE GAS STATION LICENSES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-788 APPROVING GASOLINE
SERVICE STATION LICENSES FOR 1994.
Motion carried, five ayes.
Council Minutes
December 20, 1993
Page 3
ITEM 6-B-5 APPROVE KENNEL LICENSE
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-789 APPROVING KENNEL LICENSE
FOR 1994.
Motion carried, five ayes.
ITEM 6-B-6 APPROVE TARGET AND TRAP SHOOT LICENSE
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-790 APPROVING TARGET AND TRAP
SHOOT LICENSE FOR 1994.
Motion carried, five ayes.
ITEM 6-B-7 APPROVE TAXICAB AND TAXI DRIVER LICENSES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-791 APPROVING TAXICAB AND
TAXI DRIVER LICENSES FOR 1994.
Motion carried, five ayes.
ITEM 6-C MINNEGASCO. RENEWAL OF AN AMENDMENT TO A PUD
PLAN AND CUP (92049)
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-792 RENEWAL OF AN AMENDED
PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR MINNEGASCO LOCATED AT 11525 51ST AVENUE
NORTH (92049).
Motion carried, five ayes.
Council Minutes
December 20, 1993
Page 4
ITEM 6-D RELEASE OF TREE PRESERVATION BOND FOR WEST
SUBURBAN HEALTH CAMPUS (93059)
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-793 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR
WEST SUBURBAN HEALTH CAMPUS FOR PROPERTY LOCATED AT
THE NE QUADRANT OF HIGHWAY 55 AND I-494.
Motion carried, five ayes.
ITEM 6-E REDUCTION OF SITE PERFORMANCE GUARANTEE FOR
CALIBER DEVELOPMENT CORP. (93058)
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-794 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENT
CORP. FOR PROPERTY LOCATED AT 14000 25TH AVENUE NORTH
93058).
Motion carried, five ayes.
ITEM 6-F DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-795 REDUCING DEVELOPMENT
BOND, NORTHFORK ADDITION (89016).
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-796 REDUCING DEVELOPMENT
BOND, FORSTER PRESERVE ADDITION (92090).
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-797 REDUCING DEVELOPMENT
BOND, BASS LAKE TERRACE ADDITION (90050).
Motion carried, five ayes.
Council Minutes
December 20, 1993
Page 5
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-798 REDUCING DEVELOPMENT
BOND, ROCKFORD ESTATES ADDITION (93008).
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-799 REDUCING DEVELOPMENT
BOND, ROCKFORD ROAD PLAZA (89014).
Motion carried, five ayes.
ITEM 6-G APPROVE CHANGE ORDERS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-800 APPROVING CHANGE ORDER
NO. 1, 1993 SEAL COATING PROGRAM.
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-801 1993 STREET
RECONSTRUCTION, CITY PROJECT NO. 301.
Motion carried, five ayes.
ITEM 6-H APPROVE PAYMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-802 REQUEST FOR PAYMENT NO. 2
AND FINAL, 1993 TRAIL IMPROVEMENTS, CITY PROJECT NO. 317.
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-803 REQUEST FOR PAYMENT NO. 1
AND FINAL, 1993 SEAL COAT PROGRAM.
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-804 REQUEST FOR PAYMENT NO. 5,
1993 STREET RECONSTRUCTION, CITY PROJECT NO. 301.
Council Minutes
December 20, 1993
Page 6
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-805 REQUEST FOR PAYMENT NO. 9
AND FINAL, NORTHWEST BOULEVARD (54TH AVE. TO 55TH AVE.)
CITY PROJECT NO. 106 - PHASE II).
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-806 REQUEST FOR FINAL PAYMENT
NO. 14, CITY CENTER EXPANSION PUBLIC SAFETY BUILDING,
CITY PROJECT NO. 017.
Motion carried, five ayes.
ITEM 6-I APPROVE INSTALLATION OF STOP SIGNS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-807 INSTALLATION OF STOP SIGNS.
Motion carried, five ayes.
ITEM 6-J ORDER STREET LIGHTING FOR FORSTER PRESERVE
ADDITION
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-808 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING - FORSTER PRESERVE.
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-809 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING - FORSTER PRESERVE
ADDITION.
Motion carried, five ayes.
Council Minutes
December 20, 1993
Page 7
ITEM 6-K APPROVE WETLAND FILLING AND MITIGATION PLANS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-810 APPROVING FILLING
WETLANDS AND THE WETLAND MITIGATION PLAN FOR
METROQUIP BUILDING.
Motion carried, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-811 APPROVING FILLING
WETLANDS AND THE WETLAND MITIGATION PLAN FOR THE
COUNTY ROAD 9 CONSTRUCTION, CITY PROJECT NO. 310.
Motion carried, five ayes.
ITEM 6-L ENGINEERING RATE INCREASE - BONESTROO, ROSENE
ANDERLIK ASSOCIATES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-812 AMENDING ENGINEERING
SERVICES AGREEMENT - BONESTROO, ROSENE, ANDERLIK AND
ASSOCIATES, INC.
Motion carried, five ayes.
ITEM 6-M ADMINISTRATION OF 1991 WETLAND CONSERVATION ACT
PERMANENT RULES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-813 DESIGNATING THE LOCAL
GOVERNMENT UNIT (LGU) FOR WETLAND ALTERATIONS AS
REQUIRED BY THE WETLAND CONSERVATION ACT OF 1991.
Motion carried, five ayes.
ITEM 6-N AWARD BID, WELL NO. 11 PUMPING FACILITIES, PROJECT 909
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-814 AWARDING BID, PUMPING
FACILITY NO. 11, CITY PROJECT NO. 909.
Council Minutes
December 20, 1993
Page 8
Motion carried, five ayes.
ITEM 6-0 AMENDMENT WITH BARTON-ASHMAN FOR WEST MEDICINE
LAKE PARK PLANNING SERVICES
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-815 APPROVING CONTRACT
AGREEMENT AMENDMENT FOR WEST MEDICINE LAKE PARK.
Motion carried, five ayes.
ITEM 6-P WEST MEDICINE LAKE PARK - AUTHORIZATION TO
NEGOTIATE WITH PROPERTY OWNERS
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-816 AUTHORIZING THE
NEGOTIATION FOR ACQUISITION OF PROPERTY.
Motion carried, five ayes.
ITEM 8-A CARLSON COMPANIES. CLARIFICATION OF ACTION TAKEN
ON DECEMBER 6
The Council received a staff report indicating that on December 10, the Council
considered Carlson Company's application for a Land Use Guide Plan Amendment,
Rezoning, and General Development Plan for a proposed Sam's Club to be located
at the southeast corner of Carlson Parkway and I-494. A motion to deny the
applications was made, but failed on a 2-3 vote. Because approval would have
required a 4/5 vote, it appears that a resolution to approve the development would
also have failed. No additional motions in favor of the application were made,
which was interpreted to be a denial of the application.
On December 14, a letter was received from Robert Hoffman, attorney for the
Carlson Company. The letter took the position that the application was not
formally denied, and requests further consideration. Staff has contacted the
residents who spoke at the December 6 meeting to inform them that the issue will
be on the December 20 agenda.
City Attorney Meller stated that Carlson Company has proposed that the Council
accept a rezoning of the site upon the condition, contained in a deed restriction
covenant, that the property only be used for a Sam's Club. He stated the City can
enter into such a contract; however, this type of covenant would only be valid for
30 years and it is possible that it is not enforceable.
Council Minutes
December 20, 1993
Page 9
Councilmember Vasiliou stated the City has a covenant on the Hennepin County
library site that is part of the purchase agreement which indicates that if the
structure ceases to be a library, the site will revert to the City. She asked why in
that case the covenant was recommended and how it is different from this
situation.
Attorney Meller stated that in that situation, the City owned the property. The
City placed a covenant on the property as a party to the contract. In this case, the
City has no ownership interest in the property. This fact could make the covenant
more open to a challenge.
Attorney Hoffman, representing Carlson Company, indicated that a covenant can
be entered into and they realize that it could be only be for 30 years; however, they
believe that is an extraordinary period of time.
Mike Monson, 305 Harbor Lane, supported the project.
Jerry Leinenger, 13624 5th Avenue North, stated the abutting neighbors object to
the proposed Sam's Club project.
Richard Stewart, 13910 Knollwood, Minnetonka, stated he had expressed his
concerns about traffic and water drainage at the December 6 meeting. He stated
that whatever project is constructed, his area will be directly impacted by the water
drainage.
Mayor Bergman noted that approval of this item requires a 4/5 vote.
MOTION was made by Mayor Bergman, seconded by Councihnember Edson, to
adopt: RESOLUTION 93-817 APPROVING LAND USE GUIDE PLAN
AMENDMENT FOR CARLSON REAL ESTATE COMPANY FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CARLSON
PARKWAY AND I-494 (93117); ORDINANCE 93-21 AMENDING THE
ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT
THE SOUTHEAST CORNER OF CARLSON PARKWAY AND I-494
93117); AND RESOLUTION 93-818 SETTING CONDITIONS TO BE
MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF CARLSON PARKWAY
AND I-494 (93117), with all actions subject to approval of a covenant in a
form acceptable to the City.
Council Minutes
December 20, 1993
Page 10
Mayor Bergman stated the Council has heard a lot of legitimate concerns from the
neighbors, but this development would provide retail development that Plymouth
lacks. The project offers tax base and employment, and the Council needs to vote
on what is best for the community.
Councilmember Vasiliou stated she was concerned about the previous reasons for
denial of the request, particularly since the same reasons were used recently to
approve the Rottlund request (i.e. Planning Commission recommendation,
discomfort of the City Attorney, residents didn't want it). She stated that while
there will be an impact on the residential area, Carlson Company has a good track
record as a developer and owner. They will provide a good looking building and
good management. She stated that she would not have supported a WalMart on
the site, but believes Sam's Club is a good compromise.
Councilmember Edson stated he supports the request. He stated the Sam's
proposal will provide a greater setback from the residential homes than would a
warehouse distribution center. He stated he is concerned about the aesthetics and
noise for the area.
Councilmember Tierney stated she voted against the request on legal grounds at
the previous meeting. She stated she did not support a WalMart on the site. She
expressed concerns about the proposed covenant and whether it could be enforced
now and 30 years from now.
Mr. Hoffman stated the covenant can only last for 30 years. After 30 years, the
covenant will end. If there is some disruption of the business before the 30 year
period ends, the site would revert to industrial zoning. He stated Carlson
Company has agreed to enter into such a covenant.
Councilmember Vasiliou asked if the covenant could be amended after it is entered
into.
Attorney Meller stated it would be a contractual arrangement and it would take
both parties to amend it.
Councilmember Vasiliou asked what could happen if Sam's decided to pursue
another retail use on the site.
Attorney Meller stated the covenant restricts the site to a Sam's. The property
owners would have to request an amendment of the Council. The covenant stays
with the site. He stated the covenant could set forth the type of operation of a
Sam's, so they could not change the retail use but retain the company name.
Council Minutes
December 20, 1993
Page 1I
Councilmember Tierney asked how frequently a covenant is used in other cities.
She expressed concern because there is no history of the outcome of such a
covenant.
Community Development Director Hurlburt stated it is infrequent to tie a covenant
with a zoning approval.
MOTION carried on a roll call vote: Edson, Tierney, Vasiliou, Bergman ayes;
Helliwell nay.
ITEM 8-11 COMMERCIAL PROPERTY ASSOCIATES (REBECCA WOODS)
93121
Associate Planner Keho stated that the Planning Commission recommended
approval of the Preliminary Plat and Variances for Commercial Property
Associates for a five lot single family development on 5.9 acres located at 2220
County Road 101. At the public hearing, the property owner to the east was
concerned that the house on Lot 4 would be too close to the lot line and asked if
berming or landscaping could be placed behind the house. The Planning
Commission recommended a variance for a 25 foot front yard setback for Lot 4 so
that the home could be built closer to the street to provide a greater separation
between the home and the property to the east. The applicant also agreed to
modify the plat to allow additional right-of-way dedication for Highway 101.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-819 APPROVING PRELIMINARY
PLAT AND VARIANCE FOR COMMERCIAL PROPERTY ASSOCIATES
FOR REBECCA WOODS LOCATED AT 2220 COUNTY ROAD 101
93121).
Motion carried on a roll call vote, five ayes.
ITEM 8-C WETLAND FILLING AND MITIGATION PLAN FOR REBECCA
WOODS ADDITION (93121)
Public Works Director Moore presented the staff report on the wetland filling and
mitigation plan for Rebecca Woods Addition (93121). The developer has avoided
impacting the wetland except for an 850 square foot area that will be filled with the
construction of the 22nd Avenue North cul-de-sac. The mitigation for the fill will
take place on Outlot B and Lot 5, Block 1.
Council Minutes
December 20, 1993
Page 12
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to adopt RESOLUTION 93-820 APPROVING FILLING
WETLANDS AND THE WETLAND MITIGATION PLAN FOR
REBECCA WOODS.
Motion carried on a roll call vote, five ayes.
ITEM 8-D BATON CORPORATION. AMENDED RPUD PRELIMINARY
PLAN AND CUP (92113)
Community Development Director Hurlburt stated that staff was notified that a
petition for an Environmental Assessment Worksheet (EAW) for the Baton
Corporation project was filed with the Minnesota Environmental Quality Board
EQB) on December 20, 1993. The effect of this petition is that the City may not
give approvals for the project until such time as it is determined either than another
EAW is not needed or until the environmental review process has been completed.
She stated the EQB's rules provide that citizens can petition for an EAW on any
project, and the Responsible Government Authority, in this case the City, must
make a finding as to whether an EAW or an updated EAW is needed.
She stated that on August 30, 1993, the Council adopted Resolution 93-501
declaring a finding of "no need" for an environmental impact statement, based on
an EAW dated May, 1993 and amendment in August, 1993. There were fourteen
conditions included in the EAW resolution. The EAW was based on a plan that
showed a 6 to 8 foot wide walking trail between the end of the cul-de-sac to 36th
Avenue North. As part of the further review of the project, the Planning
Commission recommended that this trail be upgraded to 10 feet wide with
pavement to serve as an emergency vehicle access. This upgraded trail was not
addressed in the EAW. She stated the petitioners for the EAW contend that this
change in the trail is a change in the plan that may affect the potential for
significant adverse environmental impacts, and that a new EAW should be
required.
Director Hurlburt stated the Council has several options: 1) Deny the applications
for project approval. The petition for a new EAW would be moot. 2) Request
that the applicant extend the time frame for the City to act on his preliminary plat
application and table the project to a future agenda. 3) Find that no new EAW is
required. The project could then be approved as recommended by the Planning
Commission. 4) Find that a new EAW is needed. If that decision is made, the
Council should also deny the application for preliminary plat approval so there is
no doubt that the Council has acted within the 120 days as provided by statute.
Council Minutes
December 20, 1993
Page 13
The applicant would be required to submit a new preliminary plat application when
the new EAW is completed.
Director Hurlburt stated that staff does not believe another EAW is needed as the
issues addressed in the request for the EAW have been dealt with through the
conditions in the previously adopted resolution regarding "no need" for an EIS.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
deny the petition and make the finding that no new EAW is required for the Baton
project.
Councilmember Helliwell questioned whether an EAW should be ordered because
of issues related to the Shoreland Management District,
Director Hurlburt stated that the petition for an EAW does not mention Shoreland
Management District regulations. She stated that although the last EAW did not
directly consider an emergency access road rather than a walking trail, the Planning
Commission addressed this issue in its preliminary review of the project, as well as
the Shoreland Management regulations.
Associate Planner Keho stated that one of the findings of the previous EAW was
that the proposed development extended into the Shoreland Management District
area. The Planning Commission subsequently conducted a public hearing on this
issue.
Director Hurlburt stated the purpose of an EAW is to identify issues in order to
determine whether an Environmental Impact Statement is needed. The Shoreland
Management issue was identified as part of the last EAW and subsequently
addressed by the Planning Commission.
Motion carried on a roll call vote: four ayes; Helliwell nay.
Associate Planner Keho presented the staff report on the request of Baton
Corporation for Amended Residential Planned Unit Development Preliminary
Plan/Plat and Conditional Use Permit for a portion of the "Mission Partnership"
RPUD located south of 41st Avenue North at Jonquil Lane. On December 8, the
Planning Commission on a 4 to 2 vote recommended approval of the requests. He
stated that three issues were discussed at the public hearing on this item: the storm
water basin, the emergency trail location, and the length of the proposed cul-de-
sac.
Planner Keho stated the storm water basin issue related to the lack of information
provided by the applicant. A letter received by the City on December 8, 1993,
Council Minutes
December 20, 1993
Page 14
from the Department of Natural Resources indicated that the plans were
inadequate for their review. The letter states concern regarding mitigation
measures for the storm water basin, maintenance of the basin, and the sizing of the
basin. The City's Engineering Department also indicated that the plans need
additional details for their review at the time of final plat review. The Planning
Commission's recommendation for approval of the PUD Preliminary Plan/Plat
requires the submittal of the additional details with the final plat.
He stated that Planning Commissioners were concerned that issues raised at
previous meetings regarding the grades for the trail, the exact location and the
impact on the environment by the trail had not been addressed. The recommended
for approval specifies width and paving standards for the trail, and that the design
will be subject to approval by the City Engineer. He stated the Council's resolution
establishing the mitigation measures required by the environmental review process
included a condition that "the length of the cul-de-sac should be reviewed to
determine if s shorter cul-de-sac would result in less environmental impacts while
balancing the right of the property owners to develop this site". The developer did
not provide a new plan in response to this condition, but stated that the variance
was necessary to the project because shortening the cul-de-sac would reduce the
development potential of the site. The developer also cited other cul-de-sacs that
the City has approved that exceed 1,000 feet in length.
Planner Keho stated residents commented that the owners of this property had
been involved in earlier amendments to this PUD which removed other access
points into this property. Therefore, they argued that it was action by the property
owners that necessitated the excessive length of the cul-de-sac. A representative
of Mission Partners showed several plans that had been approved for the site, and
described the various cul-de-sac proposals including the original proposal that
showed a street connecting 36th Avenue North to the area at 41st Avenue North.
The Planning Commission's recommendation includes approval of the variance for
the long cul-de-sac as proposed.
He stated that during the public hearing, residents expressed concerns that
enforcement of the private covenants to protect the wetlands and woodlands
would not be adequate since it is up to the neighbors to enforce the covenants.
Residents were also concerned that there was not adequate buildable area for
homes on the lots abutting the wetlands in the northerly portion of the site. The
applicant has indicated that all the lots proposed will contain a large enough
building area for construction of a home. Flexibility within the Shoreland Overlay
district was also discussed at the public hearing. The applicant indicated that since
the bluff had been created when a sewer line was extended through the site, the
bluff area is 2000 feet from Medicine Lake, and the length of the bluflline is only
100 feet. Only two lots are affected; therefore, he believed that flexibility in the
Council Minutes
December 20, 1993
Page 15
regulations was appropriate. The Planning Commission recommendation includes
variances for those two lots.
Planner Keho stated an additional item raised concerned the ultimate ownership of
Outlot A and whether or not Outlot A could be used for this development. Staff
researched this issue to determine what had previously been approved for Outlot
A. In 1976, a Final Plat for Mission Ridge Second Addition was approved by the
City Council. That Final Plat included Outlot A as it is currently platted. The
approving Resolution for the Conditional Use Permit for the subdivision unit
project and Preliminary Plat for the Mission Ridge Second Addition stated that
The undeveloped area of Outlot A be used for a density credit for the more
densely proposed development (Mission Ponds RPUD) to the west." The
Resolution approving the Final Plat for Mission Ridge Second Addition did not
specifically state what was to happen with Outlet A. The Development Contract
with the Final Plat included the following stipulation regarding Outlot A: "Outlot
A in this plat contains 6.53 acres. Of that amount 1.46 acres shall be preserved as
open space in this plat pursuant to Subdivision Unit Project requirements. The
balance of Outlot A (5.07 acres) shall be available for open space credit to a
subsequent plat to the north. It is understood that the entire Outlot A shall remain
in private ownership with responsibility; therefore, to reside with the developer
until transferred to a City approved Homeowners Association".
Planner Keho stated that in 1978, a Preliminary Plat for the "Mission Wood"
condominium project was submitted for Outlot A and a portion of the land north
of Outlot A. That plat included incorporation of the large portion of Outlot A
adjacent to 36th Avenue North into the lot where the Mission Wood
Condominiums were to be built. The narrow portion of Outlot A was shown
divided into Outlots C through J. The Final Plat approved in 1979 stated that
Outlets C through J were to be combined with the adjacent lots in Mission Ridge
Second Addition. That Final Plat was never filed with Hennepin County, and
subsequent PUD amendments have altered the allowed uses on this site. The
resolutions approving that plat are no longer valid. Planner Keho described each
of the four Concept Plans previously approved for this site.
Tom Casey, attorney for French Woodlands and Wetlands, stated that the DNR
has not approved the Shoreland Management District variances. He stated the
City's Subdivision Ordinance indicates that the DNR approval shall be prior to the
City Council approval, and this is supported by a State of Minnesota Rule that the
Local Government Unit must wait to approve a preliminary plat until the DNR
approves any Shoreland District variances. He provided a copy of a letter from the
DNR. Mr. Casey stated it is premature for the City Council to act on the
preliminary plat until the DNR approval is received.
Council Minutes
December 20, 1993
Page 16
City Attorney Meller stated it is his opinion that the "final approval" the DNR
refers to in this letter could be the final plat approval, rather than the preliminary
plat. He suggested that the Council could make its approval subject to DNR
approval.
Director Hurlburt stated that since Plymouth's Shoreland Management regulations
have not been approved by the DNR, the City must use the DNR regulations. The
DNR has indicated that they can do their review of the project after the City
Council action.
Mr. Casey stated that he objects to advice given by a staff member at the Planning
Commission meeting, as he believes this may have tainted the Planning
Commission vote. He stated that in Resolution 92-636 which the City Council
previously approved, no yard variances are implied. He questioned whether the
City complied with the Subdivision Code requirements with respect to the
variances. Mr. Casey stated that it is his opinion that since the Council has not
decided the cul-de-sac issue, it is not legally possible under the City Code to
address the preliminary plat.
Director Hurlburt stated that often the DNR will not review a plan or give its
approval to a project until the City has taken action. In some situations, the City
may not be interested in pursuing the project, and the DNR may not want to spend
staff time reviewing a plan that the City may reject.
Attorney Meller stated it is his opinion that, if desired, the City Council can
approve the preliminary plat contingent on DNR approval.
MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to
limit public comments on the Baton issue to three minutes per person.
Motion carried; four ayes; Helliwell nay.
Rita O'Donnell, 12105 41st Avenue North, stated that DNR Area Hydrologist Ceil
Strauss told her that DNR approval is needed before the City Council votes at the
preliminary plat stage. Ms. O'Donnell stated that the Audobon newsletter states
that the City of Plymouth has a long history of being destructive to wetlands, and
she believes the City is not being attentive to issues of water quality in this
development.
Ms. O'Donnell presented a chart showing the percentage reduction in pollutants
post -development. She questioned whether the chart is accurate for this
development proposal.
Council Minutes
December 20, 1993
Page 17
Councilmember Helliwell objected to the Council limiting debate on this issue.
She stated there is a large interest in this issue and comments should not be limited.
Ms. O'Donnell presented another chart showing typical detention pond
performance. She stated this chart in Best Management Practices depicts this
information as a range; whereas, the consultant for this project shows only the
highest number. She stated the consultant's information is inaccurate for this
development. The information is from a conceptual model and the percentage
reductions are based on a two -cell storm water basins - not a one -cell basin as
Baton proposes. She stated the high range numbers reflect only single family
homes - not multi -family dwellings as proposed by Baton.
In response to a question by Councilmember Helliwell, Ms. O'Donnell stated
ranges would more accurately point out water quality post development.
Bob Donley, 11740 38th Avenue North, stated he believes Lots 1 and 2 are
unsuitable for development, and that Lots 3 and 4 are also unbuildable. He stated
the developer has not adequately responded to Condition 14 of the resolution
finding "no need" for an Environmental Assessment Worksheet regarding review
of the cul-de-sac length and possible alternatives. Mr. Donley stated a shorter cul-
de-sac would result in less removal of habitat, loss of trees, and would eliminate
filling of a ravine. He stated this is a city-wide issue.
Marlin Sjaarda, 11720 38th Avenue North, showed pictures of the area and stated
that due to the steep grade, an emergency access would not be reasonable. He
stated this proposed plan has many of the same elements of the 1990 and 1991
plans which were denied by the Council. He supported the reasons for denial as
contained in the recommended resolution. Mr. Sjaarda protested the time limit
placed by the City Council. He stated that residents who spoke at the September
22 Planning Commission meeting were intimidated by the Commission. At the
subsequent Planning Commission meeting, residents were limited to five minutes,
and now the City Council is again limiting public continent.
Bridget Jodell, 10100 South Shore Drive, represented the Association of Medicine
Lake citizens (AMLAC). She said water quality should have been addressed 30
years ago, and submitted a letter indicating that AMLAC is opposed to the
proposed Baton development.
Mike Ricci, 4095 Goldenrod Lane, stated the developer has not been responsive to
the Council's condition that the cul-de-sac should be evaluated to determine
whether a shorter cul-de-sac would have a lesser environmental impact. He stated
there is no hardship that justifies the requested variance. Mr. Ricci believes that
the developer did not respond to the condition to review the length of the cul-de-
Council Minutes
December 20, 1993
Page 18
sac because a shorter length will lessen his profit. He said the need for the
variance was created by the developer's previous action. Mr. Ricci showed an
alternate plan using the existing length of Jonquil Lane that would provide for five
single family and eight multi -family dwellings. He asked that if the Council
approves the request, residents be provided justification for the action. He stated
the Minnesota Environmental Rights Act is being violated and approval could lead
to legal action. He believes that fair and complete public hearings were not held
on September 22 and December 8 as individuals were intimidated by the Planning
Commission. He objected to the Council limiting residents' time to speak, as he
had additional new information to present.
Chuck Lymangood, 11780 40th Place North, cited the City's Zoning Ordinance
which he said indicates that altered zoning standards may be allowed for a Planned
Unit Development and with the following requirement - that the preliminary
plan/plat shall be approved by the DNR with respect to portions in the Shoreland
Management District prior to action by the City Council.
Attorney Meller stated that final approval by the City Council would not occur
until DNR approval is received. The applicant's preliminary plat approval would
be contingent on DNR approval, and the final plat would not be considered until
DNR approval was received.
Mr. Lymangood stated the City received a letter dated December 8 from the DNR
indicating that as discussed in an October 8 meeting with staff and the developer,
the current plans are inadequate. He believes the developer has not responded to
that issue. In addition, the applicant has not shown that flexibility from the
Shoreland Overlay District PUD standards are warranted on the site. The project
could be built with an alternate plan without the need for flexibility from the 30
foot bluff setback.
Director Hurlburt stated that DNR Hydrologist Ceil Strauss stated in a meeting
with staff that the DNR wanted the City to first act on the request for variance
from the bluff line setback prior to DNR action. She stated the plans are adequate
for the preliminary plat stage. Additional detailed information would be required
for the final plat consideration.
Mr. Lymangood objected to the time limit imposed by the City Council.
Mr. Casey stated that Ceil Strauss had informed him that it is clear that the DNR
approval is needed first.
Council Minutes
December 20, 1993
Page 19
Paul Fusco, P.O. Box 29321, Minneapolis, stated that how information is
presented and analyzed can determine whether it is biased or accurate. He stated
that this item is not being adequate time because the Council agenda is so lengthy.
David Priebe, 3825 Forestview Lane, objected to the three minute time limit. He
stated the public hearing process at the Planning Commission meeting was an
insult, and he believes the vote was decided before the hearing was held. Mr.
Priebe believes the City's zoning standards should be more firmly upheld, and he
recommended that this request be denied. He stated a plan requiring no variances
should be submitted to minimize the effects on the environment.
Richard Zejdlik, 4055 Goldenrod Lane, the project petitioner, stated this project
initiated as 103 units - now 28 units are proposed. He stated the Planning
Commission believes this is a better plan than those previously proposed. Mr.
Zejdlik stated the City has approved other cul-de-sac lengths that exceed this
request. He stated that if the proposal provides for the public health and safety, he
believes the excess length should be approved. He stated there would be a 50'
outlot and a 40' covenant between yards, and there will probably be about 170'
between houses. Mr. Zejdlik stated the five existing lots across the pond are not
much larger than proposed Lots 1, 2, and 3 in this development. He stated the
steep slope on this property was created when the storm sewer was installed
several years ago. The consultant and engineer will address issues raised by the
neighbors at the final plat stage, and the plan will have to conform with the 27
conditions of the preliminary plat resolution before the final plat is considered. Mr.
Zejdlik stated the developer created the pond on the site from a former gravel pit
and planted the trees. These were not pre-existing on the site.
In response to a question by Councilmember Helliwell, Director Hurlburt stated
the covenant would be recorded with the final plat and would be effective before
any lots are sold. The covenant could be enforced by the homeowners association.
Councilmember Tierney expressed concern that the applicant had not been
responsive to the previously established condition to review the cul-de-sac length,
and this may be a reason for denial of the request.
Mr. Zejdlik stated a shorter cul-de-sac design would eliminate units. If there was a
way to shorten the cul-de-sac with a similar number of units, he would propose it.
Councilmember Tierney stated that if it is determined that the Shoreland
Management District variance is to be completed by the preliminary plat rather
than the final plat stage, that may also be a reason for denial. She stated that she
did not believe another EAW was necessary and it would only further delay the
ultimate decision of the Council. She would like to see a portion or all of this
Council Minutes
December 20, 1993
Page 20
property owned by Hennepin County Parks, and she would support a mediation
process.
Mr. Zejdlik stated there would be no advantage to him agreeing to a further delay
of the project. The City Council still will have the opportunity to deny the project
at the final plat stage. He stated that if the preliminary plat is approved, he would
agree to participate in mediation.
A five minute recess was held.
Mr. Zejdlik offered to make a number of changes to the plan in order to gain
Council approval. He stated that the proposed buildings on Lots 3 and 4, Block 3,
could be eliminated. This would result in a shorter cul-de-sac length if the last lot
was accessed by a private driveway.
Councilmember Helliwell asked if such a change should be referred back to the
Planning Commission for consideration.
Director Hurlburt stated the Planning Commission requested that if the preliminary
plat is approved by the City Council, the final plat be reviewed by the Planning
Commission before Council consideration. She stated that the preliminary plat
change proposed by Mr. Zejdlik would not need to be referred back to the
Planning Commission because the applicant would be complying with a condition
established by the Planning Commission.
Mayor Bergman stated there have been many instances where the City approved a
variance for excess cul-de-sac length. As long as the safety issues are addressed
through an emergency access, he has no problem with the variance request.
Councilmember Helliwell stated she does not believe this request is in accordance
with the City's Zoning Ordinance standards. She stated Mr. Zejdlik has not
considered options to reduce the cul-de-sac length, and she is uncomfortable given
even preliminary plat approval due to these concerns and the number of conditions
in the proposed resolution. She stated that the number of proposed conditions on
the approval is an indication that this is not a good plan for this site.
Councilmember Tierney asked if the preliminary plan would be in conformance
with the ordinance standards if the two lots are deleted, as offered by the
petitioner.
Director Hurlburt stated the change would result in conformance with the bluff line
setback; however, the water quality ponds would still be at issue.
Council Minutes
December 20, 1993
Page 21
Councilmember Vasiliou indicated she was ill and left the meeting at 10:00 p.m.
Mr. Casey stated the proposed conservation easements would be difficult for the
homeowner association to enforce.
Councilmember Edson stated his concerns relate to cul-de-sac length, development
of Lots 1 and 2, Block 1, with only a 10' rear yard setback from the wetlands, and
lack of DNR approval.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-821 DENYING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY
PLAN/PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR
BATON CORPORATION FOR PROPERTY LOCATED SOUTHEAST OF
LARCH LANE AND OLD ROCKFORD ROAD (92113).
Motion carried: Edson, Helliwell, and Tierney ayes; Bergman nay.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-822 DENYING PRELIMINARY PLAT
APPLICATION OF BATON CORPORATION FOR PROPERTY
LOCATED SOUTHEAST OF LARCH LANE AND OLD ROCKFORD
ROAD (92113).
Motion carried: Edson, Helliwell, and Tierney ayes; Bergman nay
ITEM 8-E DANIEL DEVELOPMENT CO. THE PONDS AT BASS CREEK
93106
Community Development Director Hurlburt stated the City received a petition for
an Environmental Assessment Worksheet (EAW) for The Ponds at Bass Creek,
which was filed with the Minnesota Environmental Quality Board on December
17, 1993. She stated the Council may not give approvals for the MPUD Concept
Plan, Preliminary Plan/Plat, Conditional Use Permit, Thoroughfare Guide Plan
Amendment and Wetland Mitigation Plan for this project until it is determined
either that an EAW is not needed or until the environmental review process has
been completed.
She stated that an EAW was completed for a project on this site in 1988. This
project included a total of 417 dwelling units. The City found that there was no
need for an EIS, and that the proposed development did not present a potential for
significant environmental effects. Compared to the plan now under review, the
previous plan would have encroached on more wetland area. At that time, Type 1
Council Minutes
December 20, 1993
Page 22
Wetlands were not protected, nor were best management practices and storm
water treatment ponds required. The new plan shows more land to be dedicated to
public park, and greatly improves on the previous plan for avoiding and protecting
wetlands. She stated that while it appears that the present project may have less
potential for environmental impacts than the 1988 plan, staff has not had sufficient
time to review the evidence submitted by the petitioners. In order that staff can
more thoroughly review and develop adequate findings of fact as required by the
EQB rules, she recommended that the Council table the applications by Daniel
Development to the January 3, 1994, regular meeting. This will cause some delay
for the developer, requiring that they resubmit the wetland mitigation plan to
comply with new rules that go into effect on January 1.
Councilmember Edson stated the first meeting in January will be an organizational
meeting for the new Council and suggested that the item be tabled to a later
meeting.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to defer the request of Daniel Development Company for Mixed Planned
Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit;
and Thoroughfare Guide Plan Amendment for property located south of County
Road 10 at Trenton Lane to January 24, 1994.
Daniel Hunt, the petitioner, described the proposed development. He stated that
the request for the EAW would not have been made if the property owners had
correct information. Mr. Hunt stated he began meeting with the City staff last
summer when the wetland replacement ratio was 1:1. As of January 1, that ratio
will be increased. He requested that the Council vote that the EAW is not
necessary and then make a decision on the development requests this evening.
Mr. Hunt stated the previous development approval received was based on the
prior EAW. This project has a significant reduction in density and less impact on
the wetlands. He believes that the petition for an EAW does not present evidence
to require another EAW.
Councilmember Edson stated that the requests require a 4/5 approval of the City
Council. It may not be fair to the neighbors or to the petitioner to act on the
requests without a full Council.
Greg Frank, McCombs Frank Roos Associates, showed the one acre area of
wetlands that would be impacted by the proposed development. He stated this
plan would be a significant reduction in impact to the wetlands from the plan
approved in 1988.
Council Minutes
December 20, 1993
Page 23
In response to a question from Councilmember Tierney, Director Hurlburt
explained that the wetland mitigation ratio will increase from 1:1 to 2:1 on January
1. She stated it is possible for the Council, if desired, to approve the wetland
mitigation plan on a 1:1 replacement ratio and table consideration of the
development requests to a January meeting. The proposed plat could then still be
consistent with the interim rules and the 1:1 replacement ratio.
SUBSTITUTE MOTION was made by Councilmember Edson, seconded by
Councilmember Tierney, to table the request of Daniel Development Company for
Mixed Planned Unit Development Concept Plan, Preliminary Plan/Plat,
Conditional Use Permit, and a Thoroughfare Guide Plan Amendment for property
located south of County Road 10 at Trenton Lane to January 3.
Bob Kohns, 5560 Ximines Lane North, supported the development request. He
stated this is a good developer and he wants to see a quality development on this
site.
Ken Wendinger, 5465 Orleans Lane #1, stated that one-third of the site is wetlands
and development will destroy the balance of nature. He stated much of the animal
habitat will be destroyed. He supported a delay in consideration of the project
until an EAW is conducted, and he presented a petition in opposition to the Daniel
Development proposal. Mr. Wendinger showed pictures of the existing wetlands
that would be affected by development. He stated that citizens' attitude about
wetlands has significantly changed since 1988, and that warrants another EAW.
He stated Plymouth residents are more concerned about the environment and want
changes to protect wetland areas.
Allen Rubenstein, 5505 Orleans Lane #1, President of the Cardinal Ridge
Homeowners Association, stated the developer has suggested a meeting with
residents in the area.
Councilmember Helliwell stated that even though this development proposal is less
intense than the previous proposal, she would like to give staff an opportunity to
provide a response on whether another EAW should be conducted.
Motion to table carried, four ayes.
ITEM 8-F WETLAND FILLING AND MITIGATION FOR "THE PONDS AT
BASS CREEK ADDITION" (93106)
Public Works Director Moore presented the staff report on the request for filling
of wetlands and mitigation plan for The Ponds at Bass Creek. The report states
that the wetlands impacted could not be avoided while still providing access to
Council Minutes
December 20, 1993
Page 24
significant building sites. He recommended that the approval be subject to the
following conditions: 1) DNR Permit; 2) Army Corps. of Engineers Permit,
3) Shingle Creek Watershed Commission Permit; 4) City Council approval of the
Preliminary Plat of The Ponds at Bass Creek; and 5) Any findings the Council
makes if an EAW is undertaken be included in the wetland mitigation plan.
Councilmember Helliwell asked if an EAW is conducted, would it require
mitigation at a 2:1 replacement ratio?
Director Moore stated an EAW only makes findings. It does not make mitigation
recommendations.
Councilmember Helliwell stated she would not be comfortable approving a
mitigation plan without approval of the plan.
MOTION was made by Councilmember Helliwell to table the request for filling of
wetlands and mitigation plan for The Ponds at Bass Creek.
Motion died for lack of a second.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to
adopt RESOLUTION 93-823 APPROVING FILLING WETLANDS AND
THE WETLAND MITIGATION PLAN FOR THE PONDS AT BASS
CREEK, subject to the five conditions recommended by staff.
Motion carried: Edson, Tierney, and Bergman ayes; Helliwell nay.
ITEM 8-G S.T. & M. INC. RPUD CONCEPT PLAN AMENDMENT FOR
WOODLANDS 3RD ADDITION (93128)
Associate Planner Keho presented the staff report on the request of S. T. & M.,
Inc., for Residential Planned Unit Development Concept Plan Amendment for
Woodlands Third Addition located north of Trenton Lane on 45th Avenue North.
Several individuals who spoke at the Planning Commission meeting indicated they
had purchased their homes knowing that the outlot could be developed with a
multifamily building, but that the woods would be preserved as a buffer between
their homes and the apartments. Concerns were also raised regarding water runoff
and the impact on the wetlands. The Planning Commission recommended denial of
the request noting that while the proposed development type appeared to be
acceptable, the proximity of the units to the existing single family area and
placement of some of the buildings in the wooded area would negatively impact
the existing single family development.
Council Minutes
December 20, 1993
Page 25
Terry Schneider, 600 S. Highway 169, St. Louis Park, represented the applicant.
He stated that compared to the plan submitted in 1987 for this site, this plan has
significantly more open space and a storm water retention pond will be created on
the site. Currently, the surface water from the existing single family homes runs
through the site with no filtering. He stated the primary concern of residents at the
Planning Commission meeting was their belief that they had a commitment to a
200' buffer area between the single family and multifamily buildings. He stated the
developer does not believe that is reasonable and it would preclude the site from
development.
Mr. Schneider stated that complete wetland avoidance or 200' setback from the
single family homes is not possible. He stated they are willing to consider
elimination of four units on the southwest corner of the site, to increase the
setback from 25' to over 80', and to preserve a significant portion of the woods
along the side of the site. He stated they are willing to work with the City and
want to do a quality development, but the project is not feasible under the new
wetland replacement 2:1 ratio requirements that go into effect on January 1.
Tom Gottwalt, 4620 Trenton Circle, stated that the original plan established the
property owners expectations of what development would occur on the site. The
woods were cited as a buffer between the single family and multifamily homes. He
stated the City Council failed to approve the proposed 1987 plan for this site
because of concerns about the lack of open space and transition issues. He urged
the Council to deny this request, and stated the neighbors are opposed to the lack
of buffer and inadequate distance between housing types. Mr. Gottwalt stated the
transition in this plan is worse than the previous plan because it moves structures
even further to the west. He stated the Council should not feel compelled to
approve this request simply because of the hardship new wetland rules may cause.
He cited the history of the development since 1984 and stated that the developer
has had many opportunities to submit a plan for approval. He said single family
homeowners have paid a premium price for their wooded lots, and the developer
should be required to retain the wooded area.
Steven Bohl, 18995 31st Place North, stated that this proposal is the best use
possible for this property. He showed pictures of the proposed units that will be in
excess of a $200,000 price range, as well as a recently completed project in Eden
Prairie. He stated they wanted to propose a project without variances. Mr. Bohl
stated he asked the single family homeowners to meet with him in order to review
the plan, but they would not meet.
Mr. Schneider stated he is looking for the opportunity to work with the City and
the neighborhood. He believes a good compromise can be reached, but stated
concern that the neighbors believe development will not occur on the site.
Council Minutes
December 20, 1993
Page 26
Mr. Gottwalt stated the existing property owners have no problem with the
proposed quality of development. The issue is that the plan differs from the plan in
effect when they purchased their homes. He stated the plan at that time indicated a
beautiful woodlands area abutting the single family homes and serving as a buffer.
Councilmember Edson stated the plan proposed at the Planning Commission
meeting was for 24 units. Now the applicant is suggesting that the number of units
could be reduced to 20. He asked if the multifamily units could be moved further
from the single family units if the number of units is reduced.
Mr. Schneider stated that if the mitigation plan were approved now and if a private
driveway rather than a cul-de-sac were allowed, the units could be moved further
back.
Councilmember Helliwell stated that when residents purchase a home, they should
be able to rely on the plans in place indicating what will be constructed around it in
the future.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-824 DENYING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN
FOR S. T. & M., INC., FOR PROPERTY LOCATED AT THE NORTH
SIDE OF 45TH AVENUE NORTH AT REVERE LANE (93128).
Motion carried, four ayes.
ITEM 8-H WETLAND FILLING AND MITIGATION PLAN FOR WOODLAND
PONDS TOWNHOMES
Public Works Director Moore recommended that since the revised concept plan
was denied for Woodland Ponds Townhomes (93128), the wetland plan should
also be denied.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION 93-825 DENYING FILLING WETLANDS
AND THE WETLAND MITIGATION PLAN FOR WOODLAND PONDS
TOWNHOMES.
Motion carried, four ayes.
Council Minutes
December 20, 1993
Page 29
ITEM 9-A-3 QUARTERLY PENDING CIVIL LITIGATION REPORT
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to receive the quarterly pending civil litigation report.
Motion carried, four ayes.
The meeting was adjourned at 11:40 p.m.
i1
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City Clerk