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HomeMy WebLinkAboutCity Council Minutes 08-27-1984 SpecialMINUTES SPECIAL COUNCIL MEETING AUGUST 279 1984 A special meeting of the Plymouth City Council was called to order by Mayor Davenport at 7:30 p.m. in the City Co•.jncil Chambers of the City Center at 3400 Plymouth Bmuleva.rd on August 27, 1984. PRESENT: Mayor Davenport, Councilmembers Sciintl,er,, Moen, Crain, and Neils, City Manager Wlilis, Assistant Manager Boyles, Director of Public Works Moore, Planning Director Tremere, Park Director Blank, and City Attorney Lefler ABSENT: None CONSENT AGENrA MOTION r.ss made by CouncilmembPr Crain, seconded by CONSENT AGENDA Councllmember Noen to adopt the consent agenda as .resented. Item 4 Notion carried on a Roll Call vote, five ayes. MIN! ETES MOTION was mads: by Councilmember Crain, seconded by MINUTES - REGULAR Councllmeember Moen to approve the minutes of the Regular Council MEETING, AUGUST 20 meeting of Argus: ')0 as submitted. Item 5 Nocton carried 01 d Roll Call *4%ite, five ayes. PUBLIC KkRIAC r. Mayor Davenport described the method used for announcing the public hearing. Nanuger W11115 stated that as a result of Increases in interest and project costs, Richard Neslund has requested that the City Council amend his request for Loans to Lenders financing from the original $80OCO,000 to an estimated $90550,000. Mayor Davenport opened the public hearing at 7:35 p.m. lom NaNavies Miller and Schroeder, stated that the bonds have been prepre-mdrkrisd with institutional investors. They, hope to have ooncurret,L consideration of the plat, site plan and loans to lenders proposals. First National Bank of St. Paul would be the purchaser but they! have also pre -Marketed the bonds with the general puallc. These are unrated bonds secured by the full f Jtllt and credit of Cheyenne Land Coxpany and Richard Neslund the petitioner. PUBLIC HEARING - RICHARD NESZUND LOANS TO LENDERS Item 6-A 11 0 1 Spevlal Council Meeting l August 27, 1984 Pace 214 Mayor Davenport questioned whether a priv-1te investor acquiring these bonus would believe that the full faith and credit of the City of Plymouth is backing the bonds. He would like to see Hiller and Schroeder have First Bank of St. Paul make good on their original commitment to purchase all bonds r6r sale to Instit-utional investorg. He suggested that the puede hearing be hole, and that action be deferred Rending a report from Miller and Scheacder on the subject and receipt of a bond prospectus by City Councllmembers. The public hearing was closed at 7:56 p.m. NOTION was made by !Mayor Davenport, seconded by Councllmember Schneider, that action on this request be deferred until such time as a report has been submitted by Miller and Schroeder verifyiny that First Bank of St. Paul has committed to acquire this bon.: issue for sale to institutional investors. Motion carried on a Roll Call ;ate, five ayes. PETITIONS, REQUESTS AND rOMMUNICATIONS C MOTION was made by Councilmember Crain, seconded by ORDINANCE N0,, 84-19 Councllmeonber Moen, to adopt ORDINANCE NO. 84-19 AMENDING THE AMERDING ZONING ORNO ZONING ORUINANCE TO CLASSIFY CERTAIN LANDS LOCATED IN THE ROBT. MIDDLEMIST NORTHEAST CORNER OF ZACHARY LANE AND COUNTY ROAD 9 AS R-18, LOW 6TH ADDN. DENSITY RESIDENTIAL). Item 76.0 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, ;seconded by Councilmember Moen, to adopt RESOLUTION NO. 84-594 ACCEPTING BID, PROJECT N0. 404 - SUNRISE HILLS AND SKYLINE HILLS AREA from Northdale Construction Co., In the amount of $278,393.30. Motion carried on a Roll Call vote, five ayes. MOTION was made bl Councllmember Crain, seconded by Councllmember Moen, to adopt RESOLUTION N0. 84-595 AGREEMENT FOR C08l SHARING - COUNTY ROAD 61 IMPROVEMENTS, CITY PROJECT N0. 216. Mot.lon carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded Councilmember Moen, to adopt RESOLUTION NO. 84-596 AGREEMENT TRAFFIC CONTROL SIGNALS, NATHAN/LANCASTER LANE AND COUNTY Y, CITY WMECT 140, 123. Motion carried on a Roll Call vote, f1ve ayes. RESOLUTION N0.84494 SUNRISE HILLS SKYLINE HILLS PROJECT 404 Item 7-8* RESOLUTXON N0.84-595 COST SWING AMr. C.R. 61 IMPAOVEMENTS PROJECT N0. 2s6 Item 7-C* by RESOLUTION N0.84-596 FOR ROAD NATHAN/LANCASTER & r.11. 9 t PRn.lFC T 1 ?8 Item 7-0* l /sl l Special Council Meeting August 279 084 Page 215 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Counclimember Neils stated that sloe gas present at the recent meeting with the staff and developme•it council represent,:t!ves to discuss proposed revisions In the erosion and siltation control policy. Councilmember Neils questioned whether $1,000 cash would be sufficient to deal with any siltation correction work. f4aineer Moore responded that the $10000 cash deposit was base.' upon past experience where between $200 and $800 has been reioulred to accomplish street cleaning oe erosion correction me4sures. Any depletion of the cash deposit will be replenished through the letter of credit. Mayor Davenport questioned whether the cash plus letter of credit: was a total of $3,000 per acre. Engineer Noose clarified that a $2,000 per acre Letter of credit would continue to be required. $10000 of the total amount due would be required in cash which the Ci!y would deposit and draw upon immediately to make any erosion cnrrections. Councilmember Moen questioned whether fabric siltation or hay bales would be required. Engineer Moore stated that fabric siltation lasts longer and is9g preferred by the various storm water conservation commissions. Bob Mlddlemist, 4140 Ximines Lane, asked for clarification of the cash eposit and letter of credit requirement. Currently 1,000 per acre is required for grading permits and the City is now going to $20000 per acre. He questioned whether this was an increase in letter of credit amounts. He also expressed concern about speed of adopting this policy in that he believes that more input is needed. He is concerned about who is responsible for erosion control; at any point in time the developer, contractor, or property owner. He suggested that perhaps a $500 bond could be required for street cleaning for those obtaining a building permit. Couneilmemher Neils stated that parageaph 5 C. of the proposed revisions clarify the responsihle party. She indicated that there is a shift of responsibility from the developer to the contractor and that inspections can be withheld or stop order Issued where erosion control is not adequate. Mr. Middlemist stated the,,r, street sweepers are only good for light accumulations and only a Bobcat would clean the heavy accumulations which woulu be associated with the Installation of sewer anal water. EROSION AND SILTATION CONTROL POLICY Item 8-A IISH Special Council MeetIng A+sgust 27, 1984 Page 216 1 Marlia Grantq Marvin Anderson Construetton, stated he was p14.ato see the changes recommended by developers in the sUff deport. He too expfessed concern about the City's ability to separate the developer from the builder as well as whother or not additional guarantees are being required. He stated that, In ;is opinlen, Plymouth was very high compared to other cemounities as "ar asthe amount of guarantees required. He calculate: that total 'securities amounting to $8,865 are requires! W lot which does not address the approximate S3,000 dep031t required by the telephone, electric and gas companies. NO ercoureged the City Council to make the cash deposit interest bearing &nd asked that the Council continue consideration of the street sweeping requirement so that developers can work with the staff to dev!lop a workable alternative. Mike Pflaum, Lundgren Brothers Construction, questioned the defLniti f permanent vegetation under the policy. Mr. Pf laun concurs with Mr. Grant's comments and sees the policy as punitive ire nature. He questioned what other communities are doing in this regard and asked the Council to consider what Impact such a policy would have on the City's competitive Position for development relative to other communities. Mr. Pflaum also asked to see how the $2,000 per acre was arrived at. Councllmember Schneider clarified thi,'; his about siltation and its long term impact on resources and not necessarily upon the position with other communities, Steve. Ryan, Lyman Lumber the distinction between homaowrier and when each proposed policy, primary concern is the City's natural City's competitive Company, stated that he too questions the developer and contractor and would become responsible under the Mayor Davenport asked that the staff prepare an example of the various guarantees the City re4ulre3 relative to other communities. He suggested that perhaps the City could be protected without adding furthoir to the burden of development guarantees. Councllmember Neils questioned whether there would be sufficient manpower In the but.i,d.ing inspectlun division to undertake this responsibility. Engineer Moore stated that he believed they could perform the enforcoment if their role remained nontechnical. Planner Tremere stated that he sees some potential problems since the primary thrust of the division is to inspect buildings. Consequentl%, they may miss erosion problems. Erosion control enforcement activities will also require greater time for Inspections and reinspectlons which could translate Into additional staff needs to assure ci continuing level of response time for other inspections. J s J l IN/ Special Counell leeting August 279 1984, Page 217 i'taff was directed to assemble information which shows what other communities do in,terms-o7 f'nancial guarantees as well as erosion control measures and how the policy should identify at what point the developer versus the contractor versus the ho*owne: becomes responsible. The Mayor asked that representatives of be contacted regarding the date when consider this item. Mayor' Daatienport stated that of the provisions reedmnded that he found appropriate, the development council the Council will next three weed ordinance. option 1 to be most Councllmembw Neils felt that, from an equity point of view, option 3 ie most appropr:;te. Option 1 should be experimentally used but serious consideration should be given to option 3 during the 1985 budget cycle. Mayor Davenport asked whether the `_hard of zoning adjustment and appeals might act as the board of appeals suggested in option 1. Attorney Lefler stated that lie does not believe this would be aonroprlate or with legal basis. The staff was directed to return with an ordinance amendment which would allow the City Council to sit as a board of appeals to consider variance requests to the weed ordinance on the basis f hardship. Mayor Davenport stated that the Council will have to recognize that this does not affect the noxious weed ordinance and that the City would have to eradicate noxious weeds at Its own costs If variances are granted. He also stated that there should be no enforcement on the Perisian dnd Leverenz parcels until the new ordinance revisions are Implemented. Engineer Moore stated that 15th Ave. has now been closed for a period t.f two months and he recommends, prior to consider!ng permanent, closure, that a public hearing be h9ld. He recommends that September 17 be considered and identified the area where residents will be notified. NOTION was made by Councilmember Neils, seconded by Counellmember Moen, to hold a public hearing on September 17, 1984 to consider the status of 15th Ave. Notion carried on a Roll Call vote, five ayes. 0 Y WEED CONTROL ORDINANCE/SERVICE LEVELS Item 8 -8 C!_OSURE OF 15TH AVE. XENIUM LANE TO PINEVIEW LANE Item 8-C CALLING HEARING 15TK AVE. CLOSURE Item 8-C Special Council Meeting August 27, 1984 Page 218 Mayor Davenport expressed concern about the miniscule nature of CHANGES IN IDRB Plymouth's IUR bond allocation and asked that the Municipal REGULATIONS Legislative Commission consider this legislation as part of Item 6-D their 9985 10g13latIV6 platform. Council reviewed and concurred with the extended office hour EXTENDED OFFICE report recommendations. HOURS PROGRAM Item 6-E Council briefly reviewed the Harty's boat rental status report. HARTY'S BOAT RENTAL Attorney Lefler stated that a letter had been sent this morning STATUS REPORT to Yr. Harty's attorney with respect to the subject. (A-828) Item 8-F Engineer Moore briefly reviewed the public Improvement stdtus PUBLIC IVROVEMENT report. STATUS REPORT Item 8-G Councllmember Moen questioned the status of the Dunkirk; Lane Improvement project. Engineer Moore stated that this project should be on schedule barring any major rainfalls. The Council briefly reviewed the 1984 Mayor/Council agenda. 1984 MAYOR/COUNCIL AGENDA Item 8-H Mayor Davenport expressed sAtisfaction with the proposed CITY MANAGER performance standards for the City Manager and suggested that PERFORMANCE Councllmembers Individually meet with the City Manager to STANDARDS discuss and finalize the standards. Item 8-I Mayor Davenport asked that the Dunkirk Lane ditch number 10 be DUNKIRK LANE DITCH added to the agenda. Mayor Davenport stated that at the time of 10 the Dunkirk Lane improvement project, an agreement had been Item 8-3 reached by the City and property owners that a lesser Improvement would be agreed to if the easement area required by the City would be voluntarily, and without cost, granted by the property owners. Apparently this agreero.nt has been unravelling and the Council may have to consider the alternative means of designing this project or securing easements. Engineer Goluberg stated that he had met Mr. DelaRiva this morning and offered a new option which would involve filling on his property with a far smaller easement required. Mr. DelaRiv%i sketched his property showing the cut of the creekway and the easements originally desired by the City. He stated that at one point the easement required by the City appeared to Include a portion of his house. He suggested that the most appropriate action for the City to take would be to clean out the creekbed itself, Inuluding replanting around the edges, rather than require easements. Another choice, and that requestea by the City, would be filling In certain areas coupled with or,!y minor easement requirements. Us!/ Special Council Meeting August 271 1984 Page 219 Engineer Goldberg stated that the first alternative was to remove the vegetation on the west side of the creekbed but that people on the west side did not want this type of work undertaken. After some discussion Mr. DelaRiva stated that he would provide the City with the easement outlined this morning by Engineer Goldberg. Engineer Moore suggested that Mr. DelaRiva be provided with a survey of the lot showing the easement required by the City staff so that he could review it with his attorney. If necessary, this item could then be returned to the City Council next week for final resolution. Mayor Ddvenport stated that if this problem can be resolved with Mr. DelaRlva, that the other residents present would not need to appear at the next meeting. If, however, there is no resolution, then the other residents would be contacted since the solution mould likely affect their parcels. The meeting adjourned at 9:34 p.m.