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Home My WebLink AboutCity Council Minutes 11-23-1981 Specialsept 346 X 1 9 U T 8 3 Specia.t C&2nci: Harting lbvembar 23. 1901 A special watting of the Mr oath City Oouni.il vats called to orartr by mayor Davenpoat at 709 pilaro in the City Center Council Conference NaGs at 1400 Plymwth Boulevard on Noveaboy 230 1991. present: "VOW 06venport, CrA ci.lmembe.rel Mils. Schneider. Threinen. Rmyt, City Manager Hillis. Assistant City Manager Bayles. Engineer NMraora. Planner Trremered Absent: Nrano Notion vas made by rouncilrimber Notts, seconded by Councilmember CONSENT Ace"DA Schneider to adopt the iteral on the Consevot Agenda with the Item 4 exception of Item, 4-8. 6-C'-•'1. 6-H, and 6•11. Notion n.arried on a !blI Cal: vote. Five ayes. Il VIN Nation vas wade by Councila-ember Neils. seconded by Uouncilmemiter Schneider to approvv the minutes of the regular meeting of November 16 as submitted. NMr.tion carried on a ft1l Gall v1ote. Five Aye &. PETITIONS, ROURSTS AND COMMUNICATIONIS Mew / F A 11w1 'Il Mayor Davenport welcomed the Honorable Harold Kalina. Ch've Judge of Hennepin Qaunty District Oourt. Hennepin Cbunty Commissioner Bud Robb and Sigmund Pine. S%Apertntendent of the Adult Otorrect.ions Facility. He announced that rhe City council has two p0marys but tater-related. concerns, regarding the Hennepin county Adult Corract.iona Facility. They aro security for residents in the neignberhoods adjacent to the facility 4 -ami Oe type of offender sentenced to serve at the facility. Bi,mund Fine reviewed actions which have been taken to date to help increase security of the neighborhoods surrounding the Adult Corrections facility. He indicated that he had been working closely with Public Safety Director Carlquist to develop a networking system to advise residents of the area in the event of an oscape. In the future, the development cif cable T.V. shoulLd enhance these early warning efforts. He also added that improvements to the Internal seeurlty of the facility have been made so that it to aA secure as it can possibly be. 346- MINUTNS - 118CULAR COUNCIL iMICTYNG NOWKSIR 164 1981 Item S• 11ENNEPIN COUNTY ADULT CORRi; TIONS FACILITY DISCUSSION Item 6A Special Council Ofteting HDvember 23, 1981 rake 347 Superintendent PlAfte .reported on tho composition of the correction facility population and hoar it has changed over time, and the .increasing number of prisoners for Incarceration. Judge Malin& indicated that the current sentencing guidelines allow judges littl.a or no authority In .!etersining whore specific types PC offenders acre incar4erated. Councilm tuber Neils asked Judge Kalina what specific recom- mendations he would have for the City in helping to unsure that felons convicted of re. -Imes, against persons are not confined in the Hdtonspin (bunty Adult Corrections facility. Judge Malin& responded that the most effective means for accomplishing this would be return to determinant sectencing rather than using the existing sentencing guidelines. He added that this probably an unrealistic goal to obtain. Fie recommended that since the legislature controls the Lientencing guidelines, that the City contact its legislators to ask them to sponsor legislation which wouldc 1) provide for an additional correctional facility in the Hennopin County area .since the Plymouth based facility is the only one at presents 2) revise the sentencing guidel-inea aach that judges have additional ability to direct prisoners to high or low security facilities based upon the nature of the crime committed and potential threat that. individual reprr sents to society. Ccamtissioner Rabb stated this meeting was a first important step in taking a%t&ou in this area. Mayor Davenport thanked Judge Kalina, Commissioner Robb and Superintendent Fine for attending and participating In the meeting. He added that througn cooperation between all actors, society's requirements citn be adequately met while protecting the public safety of the residents of Plymouth. He indicated that the Council will work through its legislative representatives in the directions which have been identified by Judge Kalina, Commissioner Robb, and Superintendent Pine. KOTION was made by Councilmember Schneider, seconded by Oouncilmember Threinen, to adopt RESOLUTION NOt, 81-793 APPROVING AGREEMENT FOR WATER INTERCONNECTION TO SORVE SHELARD PARK AREA WITHIN THE CITY OF ST. LOUIS PARR, with the deletion of the second sentence of paragraph 6 on page 4. MOTION t3 amend the main motion was made Uy Councilmember Neils, seconded by Councilmember Schneider, to have the City Attorney also draft a hold harmless clause for inclusion in tho agreement to, protect the City from any and all liability which may be occasioned by the existence of th.ie agreement. Motion to amend was carried on a Roll Call vote% k1ve ayes. Hain motion as amended carried on a i4all Call vote. Five ayes. 347- RB- SOLU'PION NO, 81-793 APPROVING WATER INTERCONNECTION AGREEMENT WITH ST. LOUIS PANX Item 68 Special Council Meeting November 21, 1981 Page 148 MOTION was made by Councilmember Hoyt, seconded by aouncil- membor Wilt$ to adopt RESOLUTION NO. 81-794, AtMhORIZING PAYM11NP NO. 5 MR 1981 UTILITY IMPROVERMS. Not tun carried' on a loll Call vote* rive ayes. MOTION was sada by Councilmember Hoyt, seron4ei oy Council- 4wbnr Neils, to adopt RESOLUtION NO. 81-7950 AUtHORIZING PAI%Wr NG. 9 AND PIMAL FOR 1979 STREET IMPROVENENT PRAIECT. Motion carried on a Roll Call vote. Dive ayes. MOTION was made by CDuncilmember Hort, seconded by Council - member Neiles, to adopt RESOLUTION N0. 81.-796, AUTHORIZING PAYMM NO. 8 AND FINAL FOR 1980 STRRET IMPROA'EMENT PROJECr. Motion carried on a Roll Call vote. Five ayes. Councilmember Neils questioned the long delays involved in Project 853/912, involving Progreasive Contractors, I", * )onsulting Engineer Olson stated that the delays were not thi fault of the contractor, but due to factors beyond his control. MOTION was made by Councilmem'oer Nei).s, secondoid by Council - member Hoyt, to adopt RESOLUTION N0, 81-794, ACTHORISING PAYMENT NO. 14 AND FINAL FOR VICKSBURG LANE/NL%' COUNTY ROAD 9 IMPROVEMENTS, 'PROJECT N0. 853/911. Motion carries: on a Roll Call votes rive ayes. MOTION was male by Councilmember Nails, secondee! by Council - member SchneWer, requestin,j that the Hennepin County Department of Transportation conduct a traffic atudy at the intersect.lon of County Road 10 and Zachary Lane in accordance w.i•;h requests from residents in the area to determine whether a traffic signal is warranted. Notion carried on a roll call vote. Five ayes. MOTION was made by Councilmember Neils, seconded by Oouncil- member Schneider, to adopt RESOLUTION NO. 81-79,. ACCRPTING WORK, 60 DIP! RCI RK( LAMS PROJECT 0030 Motion carried on a Roll Call votes. Five ayes. LOTION was made by Councilmember Neils, seconded by Council Member Schneider, to adopt RESOLUTION N0. ei-799, 1)6CLARING COST TO ,BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, PROJECT 003, DUNKIRK LANE. Motion carried on a Kull Call vote. Five ayes. 348- RZ&OLUTION Wi a 81-794 AtTD HOk12Il PAYM1aNr NOI * S 1POR 1941 1XILILTY IMWROWMUTS Item 6-C-1 IMSOLUTION NV. 81-795 AUTHORIZING PAVKM We 9 AND FINAL FOR 1979 STREET I MPR. PimJ®C't Item 6-C-2 RZSOLUTIUN NO. 91496 AUTHORIZING PAYMENT NO. 8 AND FINAL FOR 1980 STREET IMPR. PROJECT Item 6-C-1 R14SQLUTICrN N0. 81-797 AUTHORIZING PAYMENT NO. 14 AND FINAL FOR PROJECT NO. R53/911 Item 6-C-4 REQUEST FOR TRAFFIC STUDY INTERSECTION Or C.R. 10 AND ZACHARY LANE Item 6-D• RESOLUTION NO. 81-798 ACCEPTING I40kit ON PROJECT 003 -DUNKIRK LANE Item 6-E-1• RESOLUTION NO. 81-799 DECLARING COSTS TO BE ASSESSED AND PRMPARATION OF ASSESSMENT ROLL Item 6-E-2* i Special Council meeting November 23, 1981 Page 349 NOTION was made by Councitmenber Nails, seconded by Council#- RsipmION No. Al -e member Schneider, to adopt RESOLUTION N0. 81-800 881TIN; SITTING ASS=0' U6" ASSESSMENT HEARING DATE FOR PROJECT 003, DUNKIRK LAN29 HEARING DATI FUM PRIMIM 003a0UNKIRK obtion carried on a RD11 Call vote. Five ayes. Item 6-tw3• Manager Willis announced that Item 6-F, Authorization for AtTPHORIZATION OP 9MMINENT Eaainent D-xaain Proceedings for outlot E, Vale-Ibff Addition, DONAZN PROCI DINGS has been deleted from the agenda since the City Attorney has OtlT14" E, VAI.6-HOFF been successful in negotiating a purchase of thi:,% property. ADDITION Item 4-P NOTION was made by Councilmember Neils, seconded by Couwil- RESOLUTION, N0. 81-801 member Schneider, to adopt RESOLUTION NO. 81-6010 APPROVIKG RRVI8ID PLYNCWN VOTING/ REVISED VOTING/PRECINCTING PLAN FOR PLYMIO"1PH. FkECINCTING pUM Item 6=G• Motion carried on a Roll Call vote. Five ayes. The Council discussed the .intent of the amusement center ANUSEMINT CSNTIR ORDIIIANCE ordinance and reviewed its provisiana0 particularly the Item 6-H restrictions as to liquor saIRs ani to existing establishments. NOTION was made by Cbuncilmember Neils, seconded by Cbuncil- member Threinen, to defer action on the ordinance, 3lrecting the City Attorney to make necessary revisions in ttm proposecl ordinance so that existing establishments with only incidental amusement center activities will not be affected by the ordinance. NOTION to amend the main motion by Mayor Davenport, seconded by Councilmember Schneider, to send a copy of the proposed ordinance to the president& of the senior clas&as at Armstrong and Wayzata Senior Highs and invite them to attend the December 7 City Council meeting to discums t1 o amusement center ordinance. Motion to amend passed on a Roll Call vote. Five eyes. Main motion as amendel passed an a Roll Call vote. Five ayos. MOTION was made by Councilmember Neils, seconded by Cotte. ORDINANCE NO. 81-I4 member Schneider, to adopt ORDINAMEI N0. 81-24, RELATING `.TO RELATING TO Iel'PDXICATING INTOXICATING LIQUOR LICENSING, AMENDING CHAPTER XII, SECTION LIQUOR LICENSING 1200.130 SURD. 3 with the revision that references to 500 Item 6-7 feet be changed to 310 feet and adding RPUD to the definition of residential zone. Notion peesed on a Roll Call vote. Five ayes. NOTION was made by Councilmember Schneider, saoonded by Cown-il- RESOLUTION HO. 81-802 member Hoyt, to adopt RESOLUTION NO. 81-802, REVISING CITY COUNCIL REVISING COUDICiw N S POLICY RBLAvNG TO THE ISSUANCE OF ON --SALE INTOXICATING LIQUOR LIQUOR LICENSING POLI ICENSES9 Item 6-I Motion passed on a Rull Call vote. Five ayes 349•- special Council Meeting November 230 1981 Page 350 mayor Oavelport asked that the preliminary analysis of the New Hope -Plymouth driving while intoxicated study completed by Jim &thaofe: be distributed to Couscilmembers for information. The City Oouncil reviewed outstanding directives. No action wam taken on this item. The City Munell reviewed the public works project status report. NOTION was made by Councilmember Hoyt, seconded by cnuncil- member Threintn, to direct staff to report on the status of City Projects 812, 9.31, and 506 at. the December 7 meeting. Notion passed. Five ayes. The City Oouncil directed that as a general policy, the staff and consulting engineer should not hold one contractor responsible for the payment of another contractor in instances where it is necessary for the, staff or consulting engineer to have one company remedy faulty construction or damage done by another contractors In such instances, the contractor rodding the work should be paid by the City and the contractor involved in the faulty worlmanship should be penallze-1 through the performance bonding mechanism. The CouncAl reviewed the Park Improvement Status Report. Oouncilmember Srhneider asked whether or not DNR approval had been receivtd for placing a one -foot overlay of new sand at the fast Medicine Lake Beach. Manager Willis responded that it had. NOTION was made by Councilmember Neils, seconded by Council - member Schneider, to adopt RESOLUTION NO,, 81-803, SETTING WATER AND SANITARY SEWER AREA AND RESIDENTIAL EQUIVALENT CHARGES. Notion passed on a Roll. Call vote. Five ayes. The Council reviewed tho planning application flow chart* action was taken on this item. COUNCIL DIRWPIVES item 7-A PUBLIC WOPARS PROJECT STATUS R10VORP Item 7-B PA RY IMPROVEMENT STATUS REPORT Item 7-B RESOLUTION NO. 91-803 SECPING WATER AND SANITARY SENDER AREA AND R. E . C. Item 7-C* lo PLANNING APPLICATION FLOW CHART Item 7-D Manager Willia introduced his intent to withhold certain payments from the State as a statement of the City's dissatisfaction with State action to delay payments of 367,000 in local government aide and homestead credits tc Plymouth. The $367,000 shortfall will require the City to use the major portion of the existing $700,000 surpLis which is otherwise necessary for cash flow in the 'beginning of 1982s Councilmember Neils questioned whether this proposed action had been reviewed by the C1.ty Attorney',y office. manager Willis indicated that the Attorney's off.ins 350- WI'T'HHOLDING PAYMENTS DUE TO THE STATE Item 7-E Special Council Meeting. November 2 3 , 1981 page 351 a in the process of investigating the question and that no r ction would be taken until a go-ahead was received. A staff review of the statutes strongly suggest that with- holding of such payments is possib:y provided that the pres- cribed penalities are paid, Couneilmember Roils expressed concern about stopping payment ':o entities other than the stag+. He believes that auch action would unduly penalize agencies which are, in effect, innocent bystanders. MOTION was made by Mayor Davenpurt, seconded by Council - member Neils, to withhold the payment of State Income Tax, PERA Withholdings, and State Surcharges in protest of the withholding of $167,000 by the State due the City in local government aid and homestead credit. Matson adopted on a RoU Call vote. Five ayes. OTHER MOTION was -sae by Counc ilmember Courip it lmeinbe r Schneider, to requ ho t d public hearings to amend pa entitled Subdivision C - "Allowa detention facilities as a allowa zone and prohibited in all other Threinen, seconded by st the Planning Commission es 33-36 of the ?ming Ordinance, le Uses" to add correctional/ le uses only in the Piga zonoc. Nation adopted on a Roll Call vote. Five ayes. MOTION was made by Mayor Davenport, seconded by Council.member Threinen, to adopt a proclamation HONORING THE WAYZA'rA HIGH SCHOOL FOOTBALL TEAM IN THEIR 1981 STATE TOURNAMENT BID* Resolution adopted on a 8411 Call vote. Five ayes. oouncilmembor %.Kneider reviewed a copy of a letter he received from Lundgren Brose regarding the public access at Bass Lake and the sale of lots to DNR. MOTION was made by Counci.lmember Schneider, seconded by Counci.lmemher Hoyt, that in the event that Lundgren Bros. and Minnesota Hooes reach agreement with thi Department of Natural Pasources for the purchase of a site for the public access fact.l ity, then: 1) all existing and future homeowners In this addit4.1on should be advised of the .location of the site, its intended purpose, facilities and lighting; 2) that a copy of the .amended site plan clearly identifying the approved public access site be attached to all purchane agreements in this additions and 3) the Derartment of Natural Resources must come before the City in accordance with the Zoitiny Ordinance to receive a conditional use permit for the operation of a public boat access on Bass Lake at this location. Motion was adopted on a Roll Call vote. Five ayes. e -351 - HONORING WAYZATA HI3H SCHOOL FOOTBALL. 'TEAM I OPecial Conoco Meeting ftwomber 23* 1991 Page 352 Mayor Davenport reported he is still working with represt•n- tatives of Rioberly Meadows and the adjacent residents to determine whether a solution to the buttering problem in possible. Ib will continue to advise the Council of his actia"• Meeting was adjourned at 10:33 pea* Assiat&A City RMAger 352- r. I