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Home My WebLink AboutCity Council Minutes 04-27-1981 SpecialPage 116 M I N U T E S SPECIAL COUNCIL MEETING April 27, 1981 A special neeting of the Plymouth City Ctuncil was called to order by Mayor Davenport at 7:'?0 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on April 27, 1981. PRCSENT: Mayor Davenport, Councilmembers Hoyt,, Neils, Schneider and Threinen, Assistant City Manager Boyles, Engineer Moore, Planner Tr.mpre, Finance Director Ricker and Attorney Lefler. City Manager Willis arrived at 9:30 p.m. ABSENT: None. CONSENT AGENDA mOTION was made by Councilmember Neils, seconded by Counciilmember l:ireinen, to adapt the items on the consent agenda as submitted. Motion carried on a Roll Call vote, five ayes. MINUTE.S M01710N was made by Councilmen -her Neils, seconded by Caurif:i lmernber Threinen, to aparove the minutes of the April 20, 1981 regular Council meeting a; submitted. Motion carried on a Roll uall vote, five ayes. Assistant Manager Royles introduced the question of upgrading Dunkirk ;.ane south of County Road 47 to a minimum gravel roadway so that the City would be able to provide maintenance to that road. Engineer Moore stated the City is not able to provide maintenar:ce at present since tho r.)adway has never been improved and he recim- mended that an additional public hearing be held an a minimal im,. provement ,project wh-: ch would involve grading V the roadway and placing of four inches of gravel on the road at an estimated cost of $31,670. Mr. Moore stated if the road is improved to this Gond;tion, the ^.it,y could provide snow removal service, grading and ditch cleaning, as necessary, along the roadway. Hv.!1nt_ i ndberg , 6901 Malonev hvenue, Hopkins, stated his purchase dgrae,nent wTtt7 qtr. Craiq Morton states Mr. Morton will pay for the cor,striiction of Dunk'rk Lane to City standards, and all the lots in !hr area were sold with the game-igrve%nent. Since Mr. Morton never fulfilled his ohligation, Mr, i_irtc'-%erg and his neighbr)rs have filed a civil suit against him and they feel Mr. Mortun should pay for the construction of the roa4". Mayor Davenport replied this is an agreement hetween ;private na-lies and the City has no part in it. The Mayor stated if a publ;c improvement project is ordered, Mr. Lindberg and his neighbors -nay tato those costs as part of the damages in the law suit. 116- CONSENT AGENDA Item 4 M,INVES - REGULAR COUNCIL 4EETING APRIL 20, 1991 Item 5' DUNKIRK LANE G!tADING Item 10 Special Ceurci 1 Meeting April 21, 1981 Page !17 Mr. Lindberg inquired what the standard for a City street was. Engineer Moore replied a 9 -Lon street was the standard for a residential street. Councilmember Neils commented in this case Oe City would have accepted a gravel road to rural se -tion and 7 -ton surface. Mayor Davenport recalled last ,year a public hearing was held and there was unanimus opposition to the proposed improvement project south of Dunkirk Lane. At Chet time, the staff was directed to review how the street might be improved to rural standards so that the City could perform routine maintenance. Tarr L. Deleski, 5495 Dunkirk Lane, stated at the time of the public ear nq he understood that minimum maintenance would be provided on the road so that it would be accessible to emergency vehicles. He claimed in the past six months grading has been stopped and he in- quired why this servire was cut off. Engineer Moore replied the City did not agree to provide maintenance to the southerly 3,000 feet of the roadway, and if some grading hid been done in the past, it was not under his direction. He stated the City has graded the first 2,200 feet of Dunkirk for years. GarL.RReyncoils, 5305 Dunkirk Lane, stated residents do r-ot eApect ttiiis se tion!_ of road to be maintained in the same manner is the norther y portion, but they expect minimal grading to keep the road passable. He stated he represented his neiahtors Mr. Kohler and Mr. Schlesinger who felt the estimated project cost of $31,670 was too high for providing a gravel road. They had contacted a private contractor who could do the wnrk for a much smaller cast. Councilnember Schneider replied the .Ity may not hire a private contractor, but must go to bid for tMe imprnvement project. Councilnember Schneider tormented this proposed project will only bring tMe road up to minimal rural standards so that maintenance can be i:rovided, and some day the roar; will h: constructed to the 9 -ton standard street requirement and residents will be assessed for thi9 project. Councilmember Thr?inen noted if the City orders the improvement project, it will asstss Atli the adjacent landowners spreading the costs evenly, and will put a price tag on the cost of Mr. Meri:on's obligation to the homeowners. Mr. Reynoids stated the residents do not wish to proceed with this project; they prefer to improve the road tnemselves and maintain it as a private road. Councilmember Neils stated this project would give them a drive- able gravel roa.; that can be maintainec by the City and it would be maintained in this condition, including replacement of gravel when necessary. Mayor Davenport informed Mr. Reynolds the estimate was not a final price and the actual cast might be less than this. Also, if the project went to bid their contractor could also submit a bid0 this cost would also 'nclide routine maintenance and snow p : ,mwi ng. 117- Special Council Feting April 27. 1981 Page lig If Reynolds; asked If the City does no'. provide any service at all rural gravel roads. Mayor Davenpc:rt replied ordinary road main. tenance is provided, but the City carnet provide extraordinary main - ten nce such as menthly gradinn, Th; Mayor explained what portion of t,%ch resident's taxes is designated for street mainterance and Coun 'lmember Neils noted standar. residential streets need only a mi, mum amount o1r maintenance, including street sweeping, snow plowi I and sealcoating every fo•jr y4ars. MOTION vas made by Council -member Threi nen, seconded by Counc i 1- mPmber 4eils, to de -f.. -,.r the publ4c hearing for the il.rovement of Dunk rk lane unt'l such time as the homeownPr; subinit a petition to the City. Motion wri ed, five ayes. Mayor Davenport noted Dunkirk Lane will not be maintained by the City beyond 2,200 feet south until a basic improvement project is ordered. Engineer Moore stated it will take three months to complete the improvement to the road once it is petitioned for. Mayor JavenDo-t asked Council to consider the Cimarron Ponds trail construction since Mr. Hawks was present. The Mayor ex- pressed his iissatisfaction with the delay in this construction. Jim Hawks, +:presenting Centurion Company, stated construction of the ra i i has been begun, but the asphalt sorf ac i ng will not be completed until ,luly 1. fie reported on those factors that have delayed the project. Mayor Davenport stated he would like to see the trail completed in this construction season and he requested the Engineer to provide Council with a monthly progres!; report on the project. Council briefiv reviewed the public i nirrove•aent. project status report. Mayor Dave port introduced the Development Review Coirvnittee Statu, Report and questioned Planner Tremere about the pro- gress of the W:yrata Evangelical Free Church. Councilmenber Neils request.] that an appendix be included with the Planning Application F ow Chart indicating addresses of the various i rojects, Mayor Davenport directed Assistant Manager 1.oyles to include personnel ch; ,Ies on the Council's i nforhnat i onal memorandum. NOTION was mode Neils, to adept FOR 19814 STRE :T 4790073,25 T) by Coo nci1mpmher Hoyt, RESOLUTION PiO. 81-2141 SURFACING IMPROVEMENTS N,n,H,, INC, seconded by Councilmember A RESOLUTION AWARDING HID I N THE ,'.MOUNT OF Motion carries. on a Roll Call vote, five ayes. 118- TRAIL CONSTRUCTION AT CIMARRON TONUS Item 8 PUBLIC IMPROVEMENT PROJECT STATUS REPORT Item 6 DEVELOPN._c1r REVIEW CMTS, STATUS REPORT Item 7 RESOLUTION N0. 81-274 al R I 1981 STREET SURFG IMPROVEMENTS I t ern 9-A Special Council 'fleeting April 21, 1981 Page 119 MOTION was made by Councilmember Hoyt, seconded by Councilnenber Schneider, to adopt VESOLUT11N NO. 81-2.15, A RESOLUTION AWARDING BID FOR 1981 UTILITIES AND STREET IMPROVEIENTS IN THE AMOUNT OF 522,108.65 TO PROGRE'.SIVE CONTRACTORS, INC. motion carried on a Roil Call vote, five ayes. Engineer Moore reported on the alternate p'an submitted for the Bassett Creek Flood Control Project which would be funded strictly by local funds, reducing the cost of the project from 2,225,600 to $1,105,800. The Engineer stated within one mr.nth the City will receive a resisted agreenent which must be approved by all nine communities participating in the project. Council discussed the report on condominium conversions. Council - member Neils questioned whetter rental apartment units converting to condominiums are required 'o provide a homeowners association agreement. Planner Tremere replied the City has no control over condominium conversions on platted property, but State Law regu- lates these projects. Council 0 scussed the necessity for a City Ordinance to control these conve;•sions. Attorney Lefler suggested if such an ordinance is adopted, }-trov i s i on should be rnade for mej i n- tenance of the common ground. RESOLUTION N0. 81-275 AWARDING 81D FOR 1981 UTILITIES A STREET IMPROVEMENTS Item 9-8 BASSETT CREEP, FLOOD CONTROL PROJECT Item. 11 CONDO CONVERSIONS STATUS REPORT Item 12 MOTION was i.:ade by Counci lmember Neils, seconded by rounci lnember Threinen, to direct staff to work with the City Attorney ti research state statutes and advise Council as to whether a City Code provision requiring a I.omeowners association agreement fir condominium conver- sions should be subject to tt:e review of the City and, if so, to draft an ordinance calling for such an agreement to he providod calling out the conditions re<li,i red by the City. Motion carried, five ayes. Council reviewed the proposed policy for E roson and S i i at i on Contral reconnended by Fngineer Moore. MOT14 was made by Counci lmemher Schneider, seconded by Cookici I - rienher Hoyt, to adopt RESOLUTION NO. Ri-275, A RESOLIV.0 AMENDING THE CiTf'S POLiCY FOR EROSION AND SILTAI'I0N CONTROL AS PROPOSED IN ','HE (.I TY ENGINEER'S MEMORANDUM UATEI' APRIL 241, 1991. Motion carri`.1 cn a Roll Call vote, five ayes. Councilmemher Neils priestionCd if it was rea,,onabla and practical to require some sort of seeding the following spring after land has been denuded by major grad i "ig. Consul •. i ng Engineer Olson est ioated costs for providing ground cover for land which 'as been denuded, 119- 4; ION Nil, 81-27F EROSION AND S I L TA n 1,Pri CU"' TROL t t m 13 Special Council Meeting April 27, 1981 Page 120 Mayor Davenport introduced an Ordinaace Relating to Controlled Substances 0ich was recer,'t ly adopted by the City of Wayzata for Council's consideration. Attorney Lefler commented that we do not need this ordnance since the Cil -.y Code has incor- porated the State Statutes by reference. "n this case, when Hennepin County does not prosecute a drug -involved violation, the City prosecutes as a misdemeanor. Council recessed from 9:17 tc 9:25 p.m. Assistant Manager Boyles introduced the report in proposed requirements fur site performance Financial guarantees and Council discussed the time period cf the landscaping guarantee. Planner Tremere noted th,! Council recently eutenued that time period ti, 24 months. Mtyor Davenport noted -0 to improvement bonds should not be held for an, period after improventente, are completed, and suggested landscaping bonds 0ould, be held only for one growing season. Councilmember Neils proposed the iany;.. q of toe letter of credit for a landscaping juarantee should cc,ntain a stipulation whereby it is automatically renewed If the inprovements are not completed at the end of the bonding eriod; this will allow a develcner to prollida hondinq for a shorter term initially. M07 I ^r: was made by Cc,unc i : Member le i 1 s, seconded by Counc i 1- mtinber Schneider, to direct staff; to prepare an amendment to he Zoning Ordinance and a pol;cy resalOttion with repect to site improvement bonds including the following: ') bonding requirements shall set forth separ,te that anount of bonding required for the lands:ap'ng as co*apared to bonding for physical improvements such as ;parking Lot;, curbs. etc.; 2) the portion of the site improreme^t bond not associated w;th lAndscaping or growing materials sh 11 be released as installation progresses; 3) that portion of the ;ite improverlent bond a-;sociated with growing materials shal, be held for at least o ie winter season following 7nsta!lation of that landscaping. Motion carried, five ayes. ORDINANCE CONTROLLED Item 14 MOTION was made by Counci lmember Threinen, seconded by Cotinci imembe:r Schneider, to direct °taff to draft an ordinanco amer.4me it providing for the maintenance of landscaping in commercia /industrial areas. Motion carried, five ayes. Council briefly rev4ewed they F',r•st quart-er Police Department Report. Mand -lel' Will is aryiVI-Ni dt 9:45 h,m, 1911. RELATITO SUBSTIS POLICY RE BONDING FOR SITE IMPROVEMENTS/ LANDSCAPING Item 15 1;T QUARTER POLICE DEPARTMENT REPORT Item 15 Special Council Meeting April 27, 1981 I)age 121 Coi:ncil reviewed the 1980 and 1981 City Council directive s. CITY COUNCIL DIRECTIVE Manager Willis reported on the statt,s of easement acquisition for Item 17 completion of the Luce Line trail from Vicksburg Lane to I-494. Manager Willis reviewed his report on revenue sources and bud- getary restraints commenting the State may assign more budgetary responsibility to local government which will have the effect of restricting other programs or increasing levy limits. Council considered four points proposed for discussion in the Manager's memorandiM. There was discussion cf methods of increasing revenue sources. Manager Willis commented only the area of building permit fees can generate a significant amount of revenue. Councilmember Threinen stated he would like to know what other communities are doing to increase their revenues and he felt increases in fees should be based on need. Mayor Davenport spoke in favor of in inrreasinq building permit fees over a period of time. Council - member Neils objected to adopting the pla i check provision of the Uniform Building Code (UBC) for reviewing design rather than for engineered structures ;:hat require analysis. MOTION was made by Councilmember Neils, secondvc by Councilmenber Schneider, to direct the City Manager to devPlnp a time -phased plan for moving progressively towards adoption of the IJBC feeIPscheduleoverth4nextonetotwoyP:-rs for Council's consideration. Motion carried, five ayes. MOTION was made by direct the City Mar;ager to provide, alon5 with recommendations for the annual budget, an analysis and recommenda- tions for a target level of the General cund reserve to meet the City's cash flow and unforeseen requirements. Motion carried, fi,e ayes. MOTION was made by Mayor Davenport, seconded by Councilmember Threinen., to accept t`ie Manager's recoinnendations, included i n his memorandum of April 24, 1981, 1) to develop on a prospective basis revenue anu expenditure forecasts one to two years beyond the fiscal planning period and 2) to develop a strategy for the implementation of cost reduction meas-ires if revenue and/or ex- penditure patters indicate the likelihood of a deficit in the general operaing fund. Motion carried, five ayes. MOTION Was made by Councilmember Neils, seconde.i by Councilmember Threinen, to adopt RESOLUTION N0. 8,-217, A RESOLUTION APPROVING DISBURSEMENTS FROM THE GENERAL FUND, CONSTRUCTION FUND, UTILITIES FUND, MOUSING REDEVELOPMENT FUND, AND SPECIAL ASSESSMENT FUNDS i -OR A TOTAL OF $668,122.36 FOR THE PERIOD ENDING MARCH 31, 1981. Mol.ion carried on a Roll Call vote, five ayes. 121- REVENUE SOURCES AND BUDGETARY RESTRAINTS Item 18 RESOLUTION N0. 81-271 f'PR 1 NG D I SIB `UR 5C WT PERIOD ENDING 3/31181 Item 19* Special Council Meeting April 21, 1981 Page 122 MISCELLANEOUS Aayor Davenport announced individiial conferences will be arranged in the next few weeks for Councililember to discuss the Manager's performance review with him. Councilmember Neils suggested that two Councilmembers be present at the meetings. The meeting adjourned at 10:27 p.m. 122- City Clerk, i