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Home My WebLink AboutCity Council Minutes 07-15-1985YAC J N I NU T E S REGULAR COUNCIL MET TINC JULY 15, 1985 A regular meting of order by Deputy Mayor Chmbers of the City is* 198s the Pl,th City Connell wits called to Sehnelder at 707 p.m. in the City Council Center at 3400 Plymouth Boulevard on July PRESENT: Mayor Davenport, Councilmew%rs Schneider, Neils and Masillou, Manager R1111s, Assistant Boyles, Public Works Director Moore, Planning Tsemere, City Attorney Lefler{ and City Clerk ABSENT None CONSENT AGENDA Crain. ftnager Director Houk NOTION was made by Councllmember Schneider, seconded by Council - member Neils, to adopt the consent agenda with the delottlon of Items 84-1, 8-1440 and 8-3-2. Notion carried un a Roll Call vote, five ayes. PRESENTATION Mayor Davenport explained that the League of Minnesota Cities annually sponsors the C. C. Ludwig Award to recognize outstand- ing City officials. This year City Nana&*r James Willis was nominated. Although he didn't receive the award, the Council was very pleased that he placed so high. He presented Manager 0111113, on behalf of the entire Council, with a Certificate In recognition of his achievement. MOTION was made by Councllmember Schneider, seconded by Couricil- member Neils, to adopt the minutes of the regular Council weet- ing of July 1, 1985 as submitted. Notion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Manager Willis stated this hearing 13 to consider the request of Harold Reimer that the City vacate a portion of the original Larch Lane and existing Larch Place right-ot-way on his property looted on the west side of Larch Lane at about 45th Ave. CONSENT Item 4 L AGENDA PRESENTATION TO CITY MANAGER BY COUNCIL Item S MINUTES MEETING 1985 Item 60 REGULAR OF JULY 1, PUBLIC HEARINC - STREET VACATION LARCH LANE Itch 74 Page 216 Deputy Mayor Schneider opened the public hearing at 8:40 p.m. No one chose to speak and the hearing was closed at 8:40 p.m. NOTION was wade by Councilmember Nells, seconded by Councilmew- bar Crain, to adopt RE54XUTION NO. 85401 AUTHORIZING THE VACA- TI(A OF A PORTION OF LARCH LANE AND LARCH PLACE IN SECTION 140 T04KP 118, RANGE 22. Motion carried on a Roll Call vote, four ayes. Manager Wtllis stated a portion of West Medicine Lake Drive 13 to be vacated as part of the development of the property obtaln- ed from Mission Partnership as part of the C.R. 61 pro$ect. Deputy Mayor Schneider opened the public hearing at 8:41 p.m. Carol Brownell, 3060 Rosewood Lane, asked the location of the Proper y • A up of the proposed street vacation was shown. The hearing was closed at 8:42 pose NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION N0. 65-:02 AUTHORIZING THE VACA- TION OF A PORTION OF WEST MEDICINE LAKE DRIVE IN SECTION 23, TOWNSHIP 118, RANGE 22. Notion carried on a Roll Call vote, four ayes. Manager Willis stated the City is In receipt of a petition from Carlson Properties requesting that the portion of C.R. 15 be vacated because of the realignment of the roadways with the con- atructlon of the interchange at I-494 and the construction of C.R. 61. Deputy Mayor Schneider opened the public hearing at 8:43 p.m. No une chose to speak and the hearing was closed at 8:43 p.m. NOTION was made by Councilmember Hells, seconded b# Deputy Mayor Schnelder, to adopt RESOLUTION N0. 85403 AUTHORIZING THE VACATION OF A PORTION OF COUNTY ROAD 150 A03ACENT TO CARLSON CENTER ADDITION. Notion carried on a Roll Call vote, four ayes. Manager Willis stated the request is to vacate the trail ease- ment reserved Ott the Oid 6th Ave. right-of-way. Deputy Mayor Schnelder opened the public hearing at 8:44 p.m. RESO! UTION N0.85-501 LARCH LINE R PLACE SWAN LAKE ADDITION Item 7-A PUBLIC NEARING - STREET VAC tTION N. MEDICINE LACE DRIVE Item 74 RESOLUTION I*.85402 W. MEDICINE LAKE DRIVE Item 7-B PUBLIC HEARING - SYREET VACATION C.R. 15 Item 7-C RESOLUTION N0.8S-503 rATMT VACATION C.R. 15 Item 7-l' PUBLIC HEARING - TRAIL VACATION WAYZATA FARMSTEADS Item 7-D Page 219 No one chose to speak and the hearing was closed at 8:44 p.m. MOTION was made by Counelimember Crain, seconded by Councilmen- ber Neils, to adopt RESOLUTION N0. 85-504 AUTHORIZING THE VACA- TION OF TRAIL/PEDESTRIAN EASEMENT, LOT 1 WAYZATA FARMSTEADS ADDITION. Notion carried on a Roll Call vote, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Davenport stated the City has taken a great deal of time deliberating this assessment roll and considering the comments of the residents. The Council needs to determine two things: 1) has there been benefit to the properties proposed to be assessed? acid 2) the extent of that benefit, does the improve- ment increase the property value in an amount at, least equal to the proposed a:isessment? Appraisals have been completed in response to the requests of the residents and they have shown that the properties appraised were Increased to the extent of the proposed assessment. Patrick Brezonik, 2621 Comstock lane, stated some trees on his property were killed during construction. When they were replaced, several others were killed and the new ones aren't looking well. Mayor Davenport stated the City Engineer would follow up on the problem. ShirleyChen, 2920 Everest Ippral3di report and found agree with. She noted that of the land alone and did not Lane, stated she looked at the some assumptions that she didn't the appraisal dealt with the value Include the home. Director Moore stated that the benefit Is to the land and not to the home and, therefore, cannot be looked at. Mrs. Chen stated there is increased traffic which Is travelling faster and thinks this will have a negative effect on the sale of her home. Mayor Davenport stated the Council has to rely on the opinion of the professional appraiser. Mrs. Chen stated the appraiser didn't use any specific method to reach his decision of valuation, but based the Increase on the amount of the proposed assessment. She believes this is an ob- Seetionable method. Mayor Davenport stated this was a representative appraisal as a guide to the Council to determine the legal basis of the assess- ment. If the residents feel aggrieved, they should retain an appraiser and proceed with their appeal. He added that he has to balance individual interests and treat them all fairly. RESOLUTION M0.85-504 TRXTL MUM WAYZATA FARMSTEADS Item 7-D DUNKIRK LANE It+PROV. ASSESSMENT REPORT Item 8-A Page 220 Councl lmewber Age benefits, construction rural %treet City chose to backyards to enjoy their e Neils stated th the alternative of dltehes. She and an urban one construct u,,4mn be finished to ti ntire backyard. at besides maintenance and draln- to curb and gutter would the be explained the difference between a which has curb and gutter. vie streets because it allows abutting ie curb lisle allowing residents to Counailmodwr Schneider stated that the rural road, as well as the shoulders, were k+reaking up. The property abutting the stmt was also in a state of desintegratlon. To say that the curb and gutter doesn't benefit is wrong and he will not substi- tute his opinion for that of a professional appraiser. Counoileeeber Crain stated he agreed that without question there has been direct benefit to the properties that abut Dunkirk Lane by the presence of the curb and gutter. Counalloaeber Vasillou stated she believed there is some bene- fit, but is unsure of the amount and that there is probably less benetlt to those properties with their backyards to Dunkirk Lane. Mayor Davenport stated that he would have to leave the meeting now, but that it he were present for the Mote, he would vote for the adoption of the assessment roll. Through the appeal pro- cess, if other appralsals could be brought to the Council which showed the properties did not benefit to the assessment amount, the Cot -mall would consider assessing the property downward. He stated he has explored several alternatives, with the benefit of the opinior.; expressed tonight, and he has to agree with the appraisers results because he believes them to be sound. Mayor Davenport lett the meeting at 8:50 p.m. Gloria 5tr4ndber 16610 26th Ave., stated she would be before tFF6 Council as an appellant. Manager 91111s stated that the special assessment committee raaooAsnds to the Council that the payment be extended from 15 to 20 years for the residential street loprovement, that a para tion of the assessment on the Greenwood Baptist Church property be deferred, and that property owners which filed written objections at the public hearing be notified of the adoption of the assessment roll and steps required to perfect their appeals. NOTION was made by Coumillmember Neils, seconded by Couneilmem- ber Crain, to adopt RESOLUTION N0. 85405 ADOPTING ASSESSMENTS, PROUCT N0. 4080 OUNtIRK LANE - FROM CONTY ROAD 24 TO MINTY ROAD 6 In the amount of $155,446.96. Mbtion carried on a Roll Call vote, four ayes. RESOLUTION N0.85.505 KWIRK LAME PROZCT 408 item 8-A wage Yde1 NOTION was made by Councilmember Neils, seconded by Deputy Mayor Schneider, to adopt RESOLUTION N0. 85-506 A PTING ASSESSMENTS, PROSECT N0. 4089 DUNKIRK LANE - FROM COUNTY ROAD 24 TO COUNTY ROAD 6 In the amount of $730,393.12. Notion carried on a Roll Call vote, four ayes. NOTION was -made by Councilmember Hells, seconded by Councilmem- ber Crain, to adopt RLAUTION N0. 85-507 DEFERRED ASSESSPE.NTS, PROSECT N0. 408, DUNKIRK LANE IMPROVEMENTS in the amount of 10, 689.63. Motion carried on a Roll Call vote, four ayes. NOTION was made by Deputy Mayor Schnel4er, seconded by Councll- member Neils, that residents who filed written objection to the assessment at the original public hearing have 30 days from 3uly 15 to continue the perfection of their appeal. Motion carried, four ayes. NOTION was made by Councilmember Schneider, seconded by member Neils, to adopt RESOLUTION NO. 85-508 APPROVING SOLIDATION FOR HANS HAGEN HOMES FOR PROPERTY NORTH AVENUE AND EAST OF RANCHVIEW LANE (85062). Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.85-506 ADOPTING ASSESSMENTS DUNKIRK LANE PR03ECT 408 Item 8-A RESOLUTION N0.85407 DEFERRED ASSE53MM DUNKIRK LANE PR09ECT 408 Item 8-A Council- RESOLUTION N0.85-508 LOT CON LOT CONSKIDATIF' OF 46TH MANS HAGEN HOMES 85062) Item 8-B* MOTION was made by Councllmember Schneider, seconded by Counell- member Neils, to adopt RESOLUTION NO. 85-509 SETTING CONDITIONS TO BE MET PRIOR TO FILIRG AND REGARDING LOT DIVISION FOR MANS HAGEN HOMES (85062). K41on carried on a Roll Call vote, five ayes. MOTION was made by Counci:member Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85-510 APPROVING LOT CON- SOLIDATION FOR ELIZ13ETH QUAST FOR PROPERTY AT 545 NIAGARA LANE 85063). Notion carried on a Roll Call vote, five ayes. NOTION was made by Councli ember Schneider, seconded by Counell" member Neils, to adopt RESOLUTION NO. 85-:11 APPROVING VARIANCES FROM THE SUBDIVISION CODE FOR DIVISION OF EXISTING PLATTED LOIo FOR 30SEPH SORRENTINO MEW). Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 65-512 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR 30SEPH SORRENTINO (85057). Aotlon carried on a Roll Gill vote, fivo ayes. RESOLUTION N0.85-509 LOT DIVISION, HANS HAGEN HODS 85062 ) Item 8-8* RESOLUTION N0.85-510 LOT CONS(XIDATION ELIZABETH QUAST 85063) Item 8-C* RESOLUTION NO.85-511 LOT DIVISION M 4M 30SEPH SORRENTINO 65057) Item 8-D* RESOLUTION N0.85412 LOT DIVISION 30SEPH SORRENTINO 85057) Item 8-D* Page 2.22 NOTION was made by Counelleember Schneider, seconded by Council- sesber Neils, to adopt RESOLUTION NO. 85-513 AUTHORIZING REDUC- TION OF SITE PERFORNPiNCE GUARANTEE FOR RUTLEDGE CONSTRUCTION COMPANY (84025) to $5,000. Motion carried on a Roll Call vote, five ayes. NOTION Was made by Councileember Schneider, semided by Council - ember Neils, to adopt RESOLUTION NO. 8541% AUTHORIZING REDUC- TION OF SITE PERFORMANCE GUARANTEE FOR TOHWiK DEVELOPMENT COM- PANY FOR CREEK PLACE PHASE II (82013) to $10,000. Notion carried on a Roll Call vote, five ayes. MOTION was side by Councltme+mber Schneider, seconded by Council- eber Neils, to adopt RESOLUTION N0. 85415 AUTHORIZING REDUC- TION OF SITE PERFORMANCE GUARANTEE FOR We H. CATES CONSTRUCTION COMPANY FOR MIO CO TV (64074) to $5,000. Motion carried on a Roll Call vote, five ayes. Councllmember Crain stated concern with the winter survivability of the plantings. Planner Tremere stated that the new plantings which were requir- ed with the most recent approval did survive the winter. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Neils, to adopt RESOLUTION N0. 65-516 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR C.O.N.B. COMPANY (79032). Notion carried on a Roll Cali vote, four aye6. MINION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 85417 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR NEW HORIZONS DAY CARE CENTER A-590). Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85418 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR K 8 K SALES, INC. (84026). Notion carried on a Roll Call vote, five ayes. NOTION was made by Counelimember Schneider, seconded by Council - member Neils, to adopt RESOLUTION NO. 85419 APPNOVING OISOURSE- MENTS FOR PERIOD ENDING 3UNE 30, 1985 in the amount of 519534,711.71. Motion carried on a Roll Call vote, five ayes. RESOLUTION N0.85-513 SITE MMIrEE' REDUCTION, RUTLEDGE CONST. CO. (84025) Item 8-E-1• RESOLUTION MO.GM% REDUCTION, TOMARK DEV. CO. (52013) Item 8-E-2+ RESOLUTION NO.85415 SITE MMXM' REDUCTION, We N. CATES (84074) Item 844* RESOLUTION N0.85416 SITE CUMWLL' RELEASE, C.O.N.B. 79032) Item 8-F•1 RESOLUTION N0.85417 SITE GUAWITE RELEASE, NEW HORIZONS 04-590) Items 8-F-2+ RESOLUTION N0.8S•S18 RELEASE, K 8 K SALES 840?6) Iter SmFm3{P UMM50"TION N0.8 419 PERIOD ENDING 6/30/85 Item 8-G• Page 223 MOTION was made by Cotmellmeiber Schnelder, seconded by Council. member N611s9 to rd% t RESOLUTION N0. 85-520 REOUCINC DEVELOP- MENT SONDs DERRY NIOPLENIST ADDITION (81055) to $7,275. Motion carried on a Roll Call vote, five ayes. Cows-Ilamiber Crain stated he removed this from the consent agenda because he Questioned the proposed 50% deduction in the erosion control portion of the bond. Robert Kiddlemist, 4140 Ximines Lane, stated the dirt work has been one except or some dirt which has been left intentionally to pmteet the pond. Director Moore stated that part of the original money required was for the Installation of the silt fence. A lot of the prob- lem occurred during the initial grading which nas b:en complet- ed. He believes there are adequate funds remaining to insure the rest of the work is compteted. MOTION was made by Counallmember Crain, seconded by Councilmen- ber Neils, to adopt RESOLUTION NO. 85-521 REDUCING DEVELOPMENT BOND, TANNIE MIDDLENIST ADDITION (85048) to $55,994. Notion carried on a Roll Call vote, four ayes. NOTION was made by Cnuncilmember Schnelder, seconded by member Nalls, to adopt RESOLUTION N0. 85-522 DECLARING PROPERTY TO BE SURPLUS AND AUTHORIZING THE NAYOR AND THE CITY MANAGER TO EXECUTE. A DEED CONVEYING PART OF TRACT A, REGISTERED LAND SURVEY N0. 466 AS SURPLUS PROPERTY% Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Schneider, seconded by Councll- member Neils, to adopt RESOLUTION N0, 85423 APPROVING CHANGE ORDER N0. 1, SCHMIDT'S GARDENS UTILITIES - PROJECT N0. 427, changing completion date to October 1, 1985. Notion carried on a Roll Call vote, five ayes. Councilm tuber Mei13 ratmoved this from the consent agenda because she questioned the pro erty owner's request to be deleted from the project. Director Moore answered that the owner is aware he is beingdeletedandthatwhenthispropertyisdevelopedhewillbe responsible to improve the street. NOTION was made by Councilmenber Neils, seconded by Schneider, to adopt RESOLUTION N0. 85-524 APPROVING 110. 1, SCHERER INDUSTRIAL DEVELOPMENT - PROJECT N0. ting $711014.00. Notion carried on a Roll Call vote, four ayes. Deputy Mayor CHANGE ORDER 503 by dele- RESOLUTION N0.85-520 MW REDMTAUW MERRY MIDDLENIST 81055) Item 8-H010 RESOLUTION N0.85421 ONO REDUCHOW" TANNIE NIOOLEMIST 85048) Item 8-H-2 RESOLUTION N0.85422 CONVEYANCE TO ROBT. MIDOLEMIST Item 8-I* RESOLUTION N0.85423 SCHMIDT'S GARDENS PROJECT N0, 427 Item 8-3-1+ RESOLUTION N0.85424 TOW WWWVi. VNINFU" 114V. I SCHERER INDUSTRIAL DEV. PROJECT $03 Item 644 i Vy Pao Page 224 MOTION eras soft by Councllmember Schneider, seconded by Council. member Neils, to adopt RESOLUTION N0. 85-525 APPROVING CHANCE ORDER N0. 3, 1494/COUNTY ROAD 15 IMPROVEMENTS - PROJECT NO. 129 by adding $139200. Notion carried on a Roli Call vote, five ayes. NOTION was made by Couneilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85426 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT, COUNTY ROAD 9 AND COUNTY ROAD 610 CITY PROSECT N0. 5,25. Motion carried on a Roll Call vote, five ayes. Director Moore reported that as a result of previous discussion and presentation to the Council, the City received ttils proposal from Bruce A. Lieseh Associates for an analysis of the existing data on record with the State to determine the most likely loca- tions of wells to provide alternative water sources to the City. The estimated cost of the investigation is $3,746 and would take approximately four weeks. He recommends the Council authorise the study. Couneilmember Vasliiou asked if other consultants had submitted bids. Director Moore answered they had nct. Manager WIILLs explained the history of gathered by the State but not analyzed, the information which is Deputy Mayor Schneider asked what other studies M--%uld have to be undertaken. Manager 4111lis answered that the next, and last, would be to drill test wells. Discussion followed on the Information the City has already received from previous studies ar%4 well drilling records. NOTION was made by Councilmember Neils, secondcd by Councilmem- bee Crain, to adopt RESOLUTION N0. 85-527 AQUIFER ANALYSIS, WELL FIELD EXPANSION ALTERNATES - PROJECT N0. 431. Notion carried on a Roll Call vote, four ayes. NOTION was made by Counellmember Schneider, seconded by member Neils, to adopt RESOLUTION NO. 85-526 DECLARING OF PETITION AND ORDERING PREPARATION OF REPORT, STREET MALE NORTH PLAT II. Notion earriod on a Roll Call vote, five ayes. RESOLUTION N0.85425 CHANGE OW Me, 3 I494/C.R. 15 IMP. PR03ECT N0. 129 Item 8-0-3* RESOLUTION N0.85-526 SIGNAL AGREEMENT C.R. 9 A C.R. 61 PR03ECT NO. $25 Itch 840 ALTERNATE EXPANSION WELL FIELD Item 8-L RESOLUTION N0.85-527 AQUIFER ANALYSIS PR03ECT N0. 431 Item 8-L Council- RESOLUTION N0.85428 ADFQUACY ORDERING RUNT LIGHTING STREET LIGHTING WOODDALE NORTH Item 8-1-1• Vy 1.00 /.rwa Page 225 NOTION was made by Counciimember Schnelder, seconded by Council - member Neils, to adopt RESOLUTION N0. 85-529 RECEIVING PRELIMIN- ARY REPORT AND ORDERING, PR03ECT, STREET LIGHTING - WOODDALE NORTH PLAT II. Notion carried on a Roll Call vote, five ayes. NOTION was made by Counclimember Schneider, seconded by Council - member Nells, to adopt RESOLUTION till. 85430 DECLARING ADEQUACY OF PETITION AND ORDERING PREPA*IATION OF REPORT, STREET LIGHTING ROLLING HILLS PARK 2ND ADDITION. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councllmember Schnelder, seconded by Council - member Neils, to adopt RCSOLUTION N0. 85431 RECEIVING PRELIMIN- ARY REPORT AND ORDERING PROSECT, STREET LIGHTING - ROLLING HILLS PARK 2ND ADDITION. Notion parried on # Roll Call vote, fit*. ayes. NOTION was made by Councllmember Schneider, seconded by member Neils, to adopt RESOLUTION NO. 85432 DECLARING OF PETITION AND ORDERING PREPARATION OF REPORT, STRUT WOODLANDS ADDITION. Notion carried on a Roll Call vote, hive ayes. RESOLUTION NO.85-529 WRING STREET LIGHTING WOOODALE NORTH Item 8-M-1* RESOLUTICH N0.85430 STREET LIGHTING ROLLING HILLS PARK Iters 8 -M- 2* RESOLUTION N0.85-531 STREET LIGHTING ROLLING HILLS PARK Item 8-M-2* Council- RESOLUTION N0.85432 ADEQUACY ORDERING RMT LIGHTING STREET LIGHTING WOODLANDS ADDITION Item 8-14-3* NOTION was made by Counellmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85-533 RECEIVING PRELIMIN- hRY REPORT AND ORDERING PROJECT, STREET LIGHTING - WOODLANDS ADDITION. Notion carried on a toll Call vote, five ayes. MOTION was made by Councilmember Schvielder, seconded by Councll- member Neils, to adopt RESOLUTION N0. 85-534 RECEIVING PETITION FOR IMPROVEMENTS ON FERNBROOK LANE NORTH OF COUNTY ROAD 9. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sehneidgr, seconded by Council - member Nells, to adopt RESOLUTION NOr, 85435 APPROVAL OF ACCESS AGREEMENT FOR 6TH AVENUE - HONEYWELL, INC% Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Schnelder, seconded by Council - member Neils, to adopt RESOLUTION N0. 85436 ORDERING FINAL PLANS AND SPECIFICATIONS, SWAN LAKE ADIsITION - PR03ECT 539. Motion carried on a Roll Call vote, five ayes. RESOLUTION W85433 ORDERING PR63MT STREET LIGHTING WOODLANDS AUDITION Item 8-N-3* RESOLUTION N0.85434 FERNBROOK LANE IWROVE14ENTS Item 8-N* RESOLUTION NO.85-535 ACCESS XWENEAT 6TH AVE. - HONEYWELL, INC. Item 8 -0* RESOLUTION N0.85-536 WHING FINAL PENS a SPECS SWAN LAKE ADON., PROs. $39 Item 8-P* Page 226 NOTION was made by Couneiimember Schneider, seconded by Council - Member Neils, to adopt RESOLUTION N0. 85-537 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING BASS LAKE ESTATES ADDITION. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85-538 GARBAGE HAULERS LICENSE RENEWAL. Notion carried on a Roll Call vote, five ayes. REPORTS OFFICERS BOARDS AND COMMISSIONS Manager Willis stated the three Watershed Management Organiza- tions of which the City is a member have adopted their budgets for 1986 and made their assessments to the City. There are no drastic changes since 1985. These monies will come from the City's storm sewer fund. No action was required, NOTION was made by Councilmember Schneider, seconded by member Neils, to adopt RESOLUTION N0. 65-539 DECLARING PROPERTY, LANCASTER WATER TOWER PARCEL. Notion carried on a Roll Call vote, five ayes. RESOLUTION NO.85-537 STREET LIGHTING BASS LAKE ESTATES Item 8-0• RESOLUTION M0.85-538 GARBAGE NAM-ER5 LICENSE RENEWAL Item 8-R* 1986 BUDGET FOR WATERSHED DISTRICTS Item 9-A Council- RESOLUTION N0.85-539 SURPLUS DECLARING SURPLUS PROPERTY, WATER TOWER PARCEL Item 9-B* NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0. 85-540 AUTHORIZING THE CONVEYANCE OF LOT 6, BLOCK 19 PLYMOUTH PLAZA FOURTH ADDITION. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Schneider, seconded by Council - member Neils, to adopt RESOLUTION N0, 85-541 APPROVING LOT CON. SOLIDATION FOR THE CITY OF PLYMOUTH (85004). Notion carried on a Roll Call vote, five ayes. Sheen Goldber , representing the Schmidt Lake Homeowners Assocl- a on, s a e there are mace people who live off the lake using It than those who live on it. This is why they are now request- ing the City assume responsibility for providing insurance coverage for operation of the Schmidt Lake access. Manager Willis stated the City's liability exposure would be increased, but the insurance premium wound not. Deputy Mayor Schneider asked about the City's liability because People are swimming in the lake although there is no swimming beach. RESOLUTION N0.8S-540 ANCE, LOT 69 BLOCK 1 Item 9-8• RESOLUTION N0.85-541 LOT CMSOLIUXTION CITY OF PLYMOUTH 85004) Item 9-B+ REQUEST BY SCHMIDT LAKE IMPROVEMENT ASSOC. Item 9-C a Attomey Lefler stated that the person who is injured in an on- Wp+ervis%j area has to assure a high degree of risk for the in- jury. MOTION Iris side by ftunellmember Neils, seconded by CouneilNSW der C"In, that the City assuoa responsibility tar insurance for the Sa midt Lake access and that it would be at the termination of the sxtsting policy of the itooeowaers Association. Motion carried, tour ayes. Director More stated that 16.3 ago were pupped setting a record this past weekend. Discussion follommd on the individual wells, expected repairs, well depths, drawdown, pumping capacities, and the taste and swell of the water. Director Moore stated the sprinkling ban has to be stressed in the event one well would have to be closed. The water has been tested and there is no bacterial count. At this volume, sows of the water pumped bypasses the plant. Although it doesn't taste the same or look the same as when it passes through the treat- ment plant, it is safe. Attorney Lefler stated the proposed agreement on the acquisition of land from Ste Mary of the Lake church contains standard language. Couneilmember Crain asked if this 13 the amount of land which is needed to meet the park requirement in this arta. Director Blank answered that the plan deficieney is five acres. The neighborhood park is designed to be seven to eight acres. The 11.6 acres ereeeds the deficiency, but the church would not discuss anything less than the 11.6 acres. Part of this land is swampy and not usable except as a wildlife area. Acceptance of thoa agreement by the Council will be an agenda Item for the 3uly 22 tee' Ings Director Moore stated he is recommending Veplacing three vehicles. The budget included replacing these vehicles based on normal turnover. It is more economical to replace a car than to repair a rod when the car has over 40,000 viler on it. It would be better to replace the other two cars while they ars still operable than to wait until they need repair w,)rk ton. Discussion followed on the condition of the City's pool oars. NOTION was made by Councllowber Mils, seconded by Councilwem- ber Cramp to approve the purchase of three cars to replace the one with the broken rod and the two in the worst condition, keeping the two cars which are still drivable as additional pool cars as long as they are operational. Motion carried, tour ayes% WELL MAINTENANCE WELL CAPACITIES i WATER TREATMENT Item 94 LAND ACQUISITION ST. NARY' S CHURCH Item 9 -E REPLACEMENT VEHICLES Item 9-F OF STAFF Page 228 l Meager Willis stated the original policy was adapted in 1972 PERSONNEL POLICY and has bean revised periodically. There have beefs several Item 94 recent court decisions which have }field that some personnel poll" ales give omployaes s property right to the job. This has never been the intent of the City's personnel policy. Ne believes it is important ter the City to clarity Its policy. No changes are proposed In employee benefits. The revised policy does estet- lish an "at will" relationship between the Clty and employees. The policy can be changed by the City unilaterally. An employee may tereleAte employment at any ttme for any reason and the City may do likewise. Discussion followed on various sections of the policy. NOTION was Made by Councilmember Neils, seconded by Counellow RESO MION N0.85.%2 bar Vasiliou, to adopt RESOLUTION N0. 85442 ADOPTING A REVISED PERSONNEL POLICY. PERSONNEL. POLICY Item 9-G Notion carried on a Roil Call vote* four ayes. Couneiloembers Crain, Neils, anc` Vasiliou stated they didn't TEMPORARY VN«SALE want the City :o be involved in the issuance of temporary INTOXICATING LIQUOR on -sale intoxicating liquor licenses because of the increased Item 900 ability exposure. Deputy Mayor Schneider stated he doesn't see any objections to the procedure if enough Dram Shop insurance were provided. The consensus of tha Council was that the City should not issue temporary on -sale intoxcating liquor lisienses. Manager Willis asked for claritleatioh oil a couple of the CITY MANAGER'S Fooposed performance standards. STANDARDS A LETTER OF UNDERSTANDING Discussion was holo 4:: the proposed performance standards anc Item 94 the letter of understanding. NOTION was made by Councilmamber Crain, seconded by Councilmem- RESOLUTTON NOM443 ber Vasiliou, to adopt RESOLUTION N0. 85445 ADOPTING PtRFOR- NANCE STAMMOS AND APPROVLNG LETTER OF UNDERSTANDING FOR CITY APPROVING i.ETTER OF NANAGER • UNDERSTANDING Item 9-I Notion carried on a Roll Call vote, four ayes. MOTION was made by Deputy Mayor Sehnelder, seconded by Council- RESOLUTION N0.85-544 cam ehme Neils, to adopt RESOLUTION N0. 85-544 APPOINTMENT Of DON AtDERSON TO THE PARK AND RECREATION ADVISORY CONNISSION. Item 94 Notion carried on a Roll Call vote, four ayes. NOTION was made by Deputy Mayor Schneider, seconded by Council- RESOLUTION N0.85445 member Crain, to adopt RESOLUTION NO. 85445 APPOINTMENT OF TON SWEENEY TO THE WEST HENNEPIN HUMAN SERVICES PLANNING BOARD. SERVICES APPOINTMENT Item 94 Notion carried on 6 Roll Call vote, four ayes. Page 229 Manager WIII13 stated that neither Councllmembers Crain or Vasillou have Indicated which of the consultant selection committees they desired to serve on. If any other councilrmember wants to change their area of interest, they should let him know. OTHER BUSINESS MOTION was made by Councilmember Neils, seconded by Deputy Mayor Schneider, that staff be directed to Investigate the feasibility of the construction of a sedimentation pond east of larch lane and south of the railroad, including construction timing and scheduling, Digi permits, use or •he excavated material for trail, their recommendation for cost shecl.ng between the developer, park department, and the City and report back no later than August 12. Motion carried, four ayes. Deputy Mayor Schneider stated there is no urgency about clearing out the lagoon, just th1t It be cleaned up. Director Moore stated the best time to determine the exta+ct of the problem would be during the winter. Councilmembers Neils, Crain and V43111OU agreed that no ctrrec- tion should take place until the majority of the development in the area has been completed. Discussion continued on the magnitude of the problem, financing of the solution, and the precedent the council would be setting In undertaking this project. NOTION was made by Deputy Mayor Schneider, seconded by Council - member Crain, to direct staff to request bids on conducting tests to obtain bore samples. Notion carried, four ayes. The meeting adjourned at 11t20 p.m. City er SELECT ION Of TANTS POLICY Item 9-K CONSUL - OTHER BUSINESS