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HomeMy WebLinkAboutCity Council Minutes 11-04-1985MINUTES, REGULAR COUNCIL MEETING NOVEMBER 4, 1485 A regular meeting of the Plymouth City Council was called to order by Mayor Davenport at 735 p.m. in the City Council Chaffers of the City Center at 3400 Plymouth Boulevard on. November 4, 1985 PRESEMTi Mayor davenport, Counell-Pi ere Crain, Neils, Schneider and Vasiliou, Assistant City Manager Boyles, Public Works Director !bore, Planning Director Treonre, Park Director Blank, City Attorney Thompson, and City Clerk Nouk ABSENT: , None CONSENT AGENDA MOTION was made by Councilmember V6311tou, seconded by Council - mem r Schneider, to approve the consent agenda with the dele- tion of item 6-N. Motion carried on a Roll Call vote, five ayes. Mayor Davenport stated he would be adding three items to the agenda: Mendmenta to Community Development Block Grant funding Year X Budget, Intersection of C.R. 6 and Fernbrook lane and Re- eonslderation of Ordinance Amendment 8542 Relating to Deer Hunting. MINES MOTION was :rade by Councilmember Vasillou, seconded by Council - ember Schneider, to adopt the minutes of the special Council meeting of October 28 as submitted. Motion carried on a Rj11 Call vote, five ayes. PRESENTATION Beckj Vaniseh, McComb and Associates, summarized the conclusions o the downtown Plymouth market analysis prepared by Oames B. McComb and Associates. She stated their study includedt 1) site evaluation, 2) preliminary market analysis, 3) determtna- tlon of alternate land use plans, and 4) formulation of imple- mentation planso CONSENT AGENDA Item 4 MINUTES - SPECIAL MEETING OF OCTOBER 28, 1)85 Item S• PRESENTATION = DOWNTOWN PLYMOUTH Item Sa 0 R 114ia R • Pap 3% llss She reviewed development alternatives and their varying uses for two major sites in the downtown area, stating the key to a suem casful development lies in the development of these sites which will determine the timing and uses of the remainder of the sites. The City's clw:ces will be to encourage either more cow- mercial or residential a ses. Mayor Davenport noted thtt the Council and Planning Commission had discussed the alternatives in depth at a previous study ses- sion. Their feelings were that the so called "theme center" site should be commercial and not a residential area. NOTION was made by Councllmamber Schneider, seconded by Council aamber Cralm, that the sense of the Council is to endorse com- merclal uses. per Alternate 1. Notion married, five ayes. Mayor Davenport suggested he and representatives of First Bank Edina meet with Super Valu Inc., owner of one of the sites, to encourage them to develop the parcel. PETITIONS, REQUESTS AND COMMINICATIONS NOTION was wade by Couneilwember Vasillou, seconded by Council - member Schneider, to adopt RESOLUTION N0. 85489 APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR BEN STROH, SUPERIOR FORD, ITR:. (85105)o Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilwes6er Vasillou, seconded by Council - member Schneider, to adopt RESOLUTION N0. d5-890 APPROVING A VARIANCE FOR CENTRUM COORDINATORS FOR TIFFANY PARTNERSHIP AT 10601 HIGHWAY 55 (85110). Notion carried on a Roll Call vote, five ayes. NOTION was made by Councileember Vasiliou, seconded by Counell- member Schneider, to adopt RESOLUTION NO. 55491 APPROVING FINAL PLAT FOR MEDICINE LAKESHORE ADDITION FOR ROBERT GERSBACH 85083). Notion carried on a Roll Call vote, five ayes. NOTION was made by Council wember Vasiliou, seconded by Council - member Schneider, to adopt RESOLUTION NrO. 85-892 SETTING CONDI- TIONS TO BE TET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR MEDICINE LAKESHORE ADDITION FOR ROBERT CERSBACH (85083). Notion carried on a Roll Call vote, five ayes. RESOLUTION N0.85489 SUPERIOR FORD, INC. 65105) Item 6-A• RESOLUTION NOBS -890 VARIANCE FOR TMW PARTNERSHIP 85110) Item 6-B+ RESOLUTION N0.85491 LAKESHORE ADDN. 65083) Item 6-C• RESOLUTION NO.85492 MEDICINE LAKESHORE ADDITION 85083) Item 6441 Regular Council Meeting Novewber 4, 1985 Page 357 MOTION was evade by Couneilmember Vasillou, member Schneider, to adopt RESOLUTIUN NO,, CONDITIONAL USE PERMIT FOR WESLEY NALTON 85111)0 seconded by Council - 85 -693 APPROVING A d/b/a YANKEE ARTISAN Notion carried on a Roll Call vote, five ayes. Assistant Manager Boyles reported that the Parkers Lake City Park, Phase I, is estimated to cost approximately $500,000. The request is for approval for Brauer to proceed with the plans and specifications for this phase for the fee of $45,192. MOTION was wade by Councilmember Neils, seconded by Councilmem- ber Crain, to adopt RESOLUTION N0. 65-894 APPROVING THE CONTRACT PROPOSAL FOR PROFESSIONAL SERVICES FOR PARKERS LAKE CITY PARK with Brauer and Associates Ltd. in the amount of $459192, adding the provision that the City Attorney should approve the contract and that additional costs resulting from additional work not contemplated in the original proposal, shall be authorized by the Council prior to undertaking that work and incurring such added costs. Discussion followed on the basis for the authorized amount for Phase I and verification that staff will be monitortag the pro- gress. Notion carried on a Roll Call vote, five ayes. Assistant Manager Boyles stated that the Four Seasons Family Health Center has requested $1,000,000 In Industrial Development Revenue Bond financing to acquire a site on the southwest of Pilgrim lane and Lancaster Lane to construct a 12,000 square toot medical clinic. The physicians will occupy approximately 6,000 square feet and will lease the remainder to medical personnel affiliated with North Memorial Medical Center, Mayor Davenport read the City's policy which would eliminate this request from further Council consideration because of Its service orientation. Dick Nordlund representing the Family Health Center, stated that In this particular case the business is already in Plymouth, it •would like to expand to provide emergency care on weekends and possibly a 24 hour a day basis. This is a young practice which requires help to expand. Councllmember Vaslliou stated she believes this is a similar request to the one the Council denied at Its previous meeting because of its service orientation. MOTION was made by Councllmember Vasiliou, seconded by Council - member Crain, to deny the request of the Four Seasons Family Health Center for $1,000,000 Industrial Development Revenue Bond financing. RESOLUTION N0.85493 WEKEY MAL TON DBA YANKEE ARTISAN (85111) Item 6-D• RESOLUTION N0.8S-894 PROVING cwvxrr PARKERS LAKE CITY PARK Item 6-E REQUEST FOR IDRB FINANCING, FOUR SEASONS FAMILY HEALTH CENTER Item 6-F S7 MovemOsr 4. Per 336 r A . -%I _ IM Councilmember Schneider stated Plymouth should be using Its been no other s i teat ton where the Co unci 1. W 0 this is not the type of business IORB allocation tor. There has this type of use was approved by Councilmember Crain agreed that law and purpose of the bonds. this Ras inconsistent with the Notion carried on a Roll Call vote, five ayes. NOTION was wade by Councilmember Vasiltou, seconded by Council- RESOLUTION N035-895 member Schneider, to adopt RESOLUTION N0. 85495 AUTHORIZING RELEASE OF SITE PERFORNANCE GUARANTEE FOR RICHARD LINDELL RICHARD LINDELL 82053). WOW Item 640-141 Notion carried on a Roll Call vote, five ayes. NOTION vas made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO.85496 member Schneider, to adopt RESOLUTION N0. 85-896 AUTHORIZING OW Rum RELEASE OF SITE PERFORMANCE GUARANTEE FOR R. L. 3OHNSON INVEST- R. L. 90HNSON NNENT COMPANY ( 83014) . ( 83014) Item 6440 Notion carried on a Roll Call vote, five ayes. NOTION was wade by Councilmember Vasiliou, seconded by Council- RESOLUTION N0.85-897 member Schneider, to adopt RESOLUTION NO. 85-897 AUTHORIZING OW REWXY10H REDUCTION OF SITE PERFORMANCE GUARANTEE FOR AIRPORT BUSINESS AIRPORT BUSINESS PARTNERS (85008) to 541,000.00. PARTNERS (85008) Item 6-H-140 Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0.83498 member Schneider, to adopt RESOLUTION N0. 85-898 AUTHORIZING BOW REDUCTION REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BENCHMARK GRAPHICS BENCHMARK GRAPHICS 88035) to 550000.00. (84035) Item 64440 Notion carried on a Roll Call vote, five ayes(. NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO.a5499 member Schneider, to adopt RESOLUTION N0. 85499 AUTHORIZING THE TWXWW OF FUNDS'— TRANSFER OF FUNDS FROM THE UTILITY TRUNK FUND TO THE 1968 Item 6-Iw SPECIAL ASSESSMENT BOND FUND. Notion carried on a Rall Call vote, five ayes. NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0.8S-900 member Schneider, to adopt RESOLUTION N0. 85400 REDUCING OEVELOW WWTIUN OPNENT GOND, NATHAN TRAILS ADDITION (A -69e.) to $0. NATHAN TRAILS ADON. A-698) Notion carried on a Roll Call vote, five ayes. Item 64-1• hplar Carrell Meeting November 49 1985 Page 359 NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0.8S401 amber Schneider, to adopt RESOLUTION NO. 85401 REDUCING DEVEL= REDUCTION OPMENT BOND, BASS LAKE WOODS ADDITION (84075) to $349200.00. BASS LAKE VMS ADON. (84075) Notion carried or a Roll Call vote, five ayes. Item 6-3-20 NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0.85402 amber Schneider, to adopt RESOLUTION H0. 65-902 REDUCING OEVELMW REOWTION' OPNENT BOND, TINKRTJN ADDITION (83054) to $35,931.00. TIMBERTON ADON. 83054) Notion car ied on a Roll Call vote, five ayes. Item 6-3-3• NOTION was made by CouncI!member Vasiliou, seconded by Couxici1- RESOLUTION N0.85403 member Schneider, to adopt RESOLUTION N0. 85-903 ORDERING ORDERING WNRIM INPROVENENT, REVERE LANE WITHIN OUTLOT "C" - TRENTON PLACE IST REVERE LANE ADDITION, STREET AND UTILITIES, PROJECT ':#%. 517. PROJECT N0. 517 Item 6-K• Notion carried on a Roll Call vote, five ayes. NO" ION was made by Councilmember Vas i 1 lou, seconded by Cbur.c i 1- RESOLUTION N0.85404 amber Schneider, to adopt RESOLUT1014 N0. 85-904 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET STREET LIGHTING LIGHTING, NISSiON TRAILS ADDITION, MISSION TRAILS ADON. Item 6-L-10 Notion carried oit a Roll Call vote, five ayes. NOTION was .de by CouncIlmember Vasiliou, seconded by Council- RESOLUTION NOeSS405 member Schn:lder, to adopt RESOLUTION NO. 85-905 RECEIVING PRE- LIMINARY REPORT AND ORDERING PROJECT, STREET LIGHTING, KINGSVIEW STREET LIGHTING HEIGHTS AND KINGSVIEW HEIGHTS 2ND ADDITION. KINGSVIEW HEIGHTS A KINGSVIEW 2ND ADON Notion carried on a Roll Call vote, five ayes. Itemm 6-L-2• Counclimember Schneider asked if the project is completed. Director Moore answered that the sewer Is completed but there is still some minor yard restoration to be completed. NOTION was made by Councllamber Schneider, seconded by Council- RESOLUTION N0.8S-906 member Crain, to adopt RESOLUTION N0. 8:-906 APPROVING CHANGE CKVGE ORDER M. 2 ORDER N0. 29 SCHMIDT'S GARDENS UTILITIES, PROJECT NO. 427 chang- SCHMIDT'S GARDENS Ing completion date. PROJECT N0. 427 Item 6-N Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Vasiliou, seconded by Cornell- RESOLUTION N0.8S-907 member Schneider, to adopt RESOLUTION v 0. 65407 RE:•MEST FOR REQUEST FUR PAYMENT PAMNT N0. 149 COUNTY ROAD 1S/I-494 INTERCHANGE, PR,)OECT N0. C.R. 15/I-494 129 in the amount of $340,599.24 to C. S. McCrossan, Inc. INTERCHANGE PROJECT N0. 129 Notion curled on a Roll Call vote, five ayes. Item 6-N• P li wibee •,' 1l6s page 360 Director (bore reported that Forester's Meat Packtng Coepany is regwsting permission to connect to the City sanitary Seger also tam by private Witary sever line in lieu of the reca W,4AFed' extendioh Of the, necessary public sanitary serer under future C.R. 9. Forester's Ras: notified br the Pollution Control Agency In April that tUtf were In vtolatlon of the Pollution Control rules because they did not have a peralt to dispose of waste - mater frac their coot slaupterlig facility. The public sani- tary sever Ilr*' is currently at the westerly property line. Their request Is to cow,,at to that end and extend a 6 inch ser - vies to their buildings. He is rung that, as part of their conn ,tion, a public sanitary senor be extended 130 feet to the southerly line of future C.R. 9. Re added he objects to the private system because Forester's would be hooking into the City's system without a manhole for maintenance purges. Also, the private sewer line would have to be tiresaved in the near future when C.R. V is constructed and upgraded to an S inch pub- lic sewer line. The difference in cost between the City's reco=ndstlon and Forester's request is approximately 1,500.00. Discussion followed on the issue of whether the City should share the costs of the sewer. Toes Forester, 11420 C.R. 99 stated their urgent need is to hook up to the sewer before it snows$ Council member Neils asked it they had developoent plans for the remainder of their property. Mr. Forester answered they did not. Director Moore pointed out that the County doesn't have funds authoritad for new C.R. 9 this year, so they cannot negotiate with the property owners for easements or right•ot-way av yet. Darrell Forester, 11420 C.R. 99 asked it they could be assured that ter construction would be consistent with the development of C.R. 9. Director Moore answered that thrd is little flexibtlity in the location of new C.R. 9 because of rlght-ot•aay already acquired. Counollmenber Neils proposed that the City pick up halt the dit- ferential in the proposed plan. Discussion continued on the equity of cost sharing. MOTION was We by Councilmmber Meils, seconded by Councilmes- her Schneider, to adopt RESOLUTION M0. 65-906 APPROVING CON EC - 0130N TO CITY SANITARY SEWER SYSTEM, FORESTER'S MEAT PACKINC COM - POW mending condition •1 to add, "in contoriadnce with standard City specifications and with Hennepin RESOLUTION N0.65.906 SANITARY SEWER FORESTER'S FATS Item 6-0 Page 361 County plans for new C.R. 99"' and adding condition C,'6 as follosst "The City will share in one-half of the additional Incremental costs for the a inch pipe and one manhole across the C.A. 9 right-ofaway, not to exceed 510000.00." Notion carried on a Roll Call vatep, five ayes. NOTION was made by Cauncilmeeber NNeilso seconded by Councilmw bar Schneider, to adopt RESOLUTION NO. 55-909 REQUEST FOR PAY LENT N0. SrAND FINAL. StMIRISE/SKYLINE HILLS UTILITIES. PROZCT NO. 40 In the amount of $25.364.87 to NNorthdale Constructlon Qo pany. Nbtlan carried on a Roll Call vote, five ayes. Ciouncilmember Neils stated that she continues to be concerned about the effect which the purchase of four wheel drive vehicles could have on the completion of streets in developments. She does not believe it necessary for Building Inspectors to drive In the driveway of developing homes. Building insoectors may have to walk to the site. She expressed additional concern about the gas mileage of four wheel drives. Director Tremere stated thatq based upon their experience in the field with the current Plymouth Horizons, the best vehicle for their work would be front wheel drive with high ground clear- ancb. After investigating this, he found that U.S. car manufac- turers do not make a utility vehicle with only front wheel drive. Four wheel drive vehicles are also designed for heavier duty work versus standard cars. Councllmember Vasiliou questioned why the four wheel drive vehicle to be tested under alternate three would be a "pool vehicle". Director Moore stated that it would not, but that it would be used by the various building inspectors to determine their ex- perience, andp if It did not prove to be satisfactoryg it could be used by other departments such as Public Safety. Counoilmerber Schneider expressed concern about almost doubling the price for higher clearance utility vehicles over costs cu r- rently incurred for front wheel drive subcompacts. Extensive discussion followed about acquiring appropriate vehicles for the Inspectors and about resale value of various vehicles. Director Tresere stated it would be an improvement over existing conditions to have high ground clearance utility vehicles with rear wheel drive only. These are available at lesser cost. RESOLUTION NO.650909 SMISE/SKYLINE MILLS UTILITIES PROZCT NND. 04 Item 6-P REPLACEMENT VEHICLES INSPECTION DEPT. Item 7-A u a! ! 1Metir moved" 40 Ilft Pop )a MIXON an made by Nbyor Davenport, seconded by Councilsember Vasiliou, to support alternate three as presented in the staff memorandum. Councilmober Sahneider oontinued to express concern about the additional cost for both purchase and operating of utility vehicles and recon dud that the Council consider the acquisi- tion of two front wheel drive fuel efficient cars together with one tour wheel drive utility vehicle. SUBSTITUTE NOTION was safe by Nayor Davenport, seconded by Caunctlsseber Schnsider* to authorize the acquisition 0 the three replacement vehicles tar the Inspection Division based upon speoiricatlons tar enc tour-wheel4rive utility vehicle with a ground clearance of wore than ten inches and two front- whmi4rive fuel efficient Qees, such as compactsq with a mini- mum ground clearance of eight inches. Notion carried on a Roll Call vota, five ayes. Mayor Davenport stated that he was concerned about the precedent which could occur it the zoning ordinance were to be revised to allow freestanding daycare centers in residential areas. There was discussion on the appropriateness of suggesting that the use of former schools be submitted to the Council for consi- deration, on its merits. Councilmembee Schneider stated that he did not wish to see free- standing daycare centers in residential areas. Councilmsmbers expressed concern about the additional traffic generated by commercial, treestandtng daycare centers and that this was not appropriate in residential areas. Staff was directed to prepare a letter to Acting Superintendent Adams stating that it is the sense of the City Council that it would not be appropriate for the City to initiate revision of the Zoning Ordinance to allow freestanding daycare centers in residential areas. Assistant Nanager Sayles stated that Community Development Block Grant many is available to the City annually and that it is allocated to various subprojects. Funding Year X allocations were mads last year. The activity levels of some progroms has oven higher in some areas and less than expected in others. Therotore, it Is appropriate to reallocate approximately $25,000 from the planning and senior ottizen site planning projects to the scattered site project roe Year X. The Plymouth HRA acted earlier this evening to recommend approval of this amendment, following the required public hearing. a ZONING REQUIREMENTS DAYCARE CENTERS AND NLMSERY SCHOOLS Item 74 CONWNITY DEVELOPNENt BLOCK GRANT FUNDING FOR YEAR X Item 7 ar L 0 A ar . _ inC , , _ ;et' ng November 40 1985 Page 363 MOTION was made by Councilmember Neils, seconded by Councilmem- ber Schneider, to adopt RESOLUTION NO. 85-910 AUTHORIZING AMEND- MENT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITIES FOR YEAR X RELATIVE TO ACQUISITION AND REDEVELOPMENT OF SCATTERED SITE HOUSING. Notion carried on a Roll Call vote, five ayes. Mayor Davenport stated that in light of the recent fatal acci- dent at the intersection of C.R. 6 and Fernbrook Lane and the amount of traffic, he would recommend that the Council adopt a resolution encouraging the County to conduct a traffic and speed study. MOTION was made by Mayor Davenport, seconded by Councilmember Crain, to adopt RESOLUTION NO. 65-911 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED AND TRAFFIC SIGNAL WARRANT STUDIES. Motion carried on a Roll Call vote, give ayes. Mayor Davenport stated this Item was approved at the meeting of October 28 and the ordinance amendment allowing for a bow hunt - Ing deer season on the Dundee Nursery property would take effect November 7 on publication of the ordinance. MOTION was made by Mayor Davenport, seconded by Councilmember Neils, to reconsider the adoption of Ordinance No. 85-32. Motion carried, five ayes. Mayor Davenport stated there is not disagreement on the Council that there is a problem with deer herds within the City. The Council had received a memo from a Community Service Officer stat1ng there were E2 incidents of deer kill by automobiles in 1?b4, Dundee Nurse'y has a problem with deer eating their stock. Hennepin County has been having problems on the park rUserve. +e aike.J it they Council 'elt It was their• role to address the problem. Councilmember Crain stated that, from a public safety issue, the Caunail nas a role to play which may be different from the role Of stopping crop damage. This may not mean the action taken will be different. Councilmember Vaslliou stated the City may have a role, but she doesn't know that t!' -At role should be established and at what point. She dgreed the City should facilitate a solution. Mayor Davenport stated he also was not felly aware of the alter- natives when he voted for 0# ordinance and would like more information. 41 RESOLUTION N0.85-910 AMENDING CD5G ACTIVITIES FOR YEAR X Item 7-C C.R. 6 AND FERNBROOK LANE TRAFFIC STUDY Item 7-D RESOLUTION N0.85-911 SPEED STUDY AT C.R. 6 8 FERNBROOK LANE. Item 7-D RECONSIDERATION OF ORDINANCE AMENDMENT REGARDING FIREARMS Item 7-E 1, Codesel1amhsr Neils stated aceidsont$ which is the most her concern was lftAirtant 1Zsue. 1 with the traffic Oo milosmber Schneider agreed there Is a probler, but added it Is unfair that ane area of the City move the problem to another area of the City. Carol Susah* 18905 30th Ave., objected to the ordinance to allow tu u ruction of the deer. She stated -she feels Plymouth should not allow any form of hunting aMld would like other alter- natives explored, such as the use of repellaitts or reflectors on the roadside. 1Mayor Davenport noted the deer are becoming increasingly domes - t c4ted, and he objects to the use of fences to block the deer. Counoileewber Vasiliuu agreed that a hunting s:aason was a band aid solution and asked If Dundee Nursery had t,rled anything else and whether tReir damage was occurring year-round. Mayor Davenport stated the alternatives proposed by Mrs. Busch may help Duidee `lurserys but they won't help the public safety problem which he believes to oe the overriding threat. He stated he no longer favors the hunting season solution. Councilmember Schneider stated he looked at the hunting season as a trial and a short term solutian to one area of the City. Public Safety Director Carlquist stated the problem is that they don't know the extent of the problem. He suggested concerned citizens be put on a task force with businesses and staff to carni up with conclusions and sugGeaited alternative solutions. WiTION was made by Mayor Davenport, seconded by Couneilmember Vasiliou, that staff be directed too cow back with a charge out - Lining the role of the task force and the City's role, developed in conjunction with Director Carlgijist. Motion carried$ five ayes. MOTION was Mace by Counailmember 'Crain, seconded by Councilew der Vasiliou, to adopt ORDINANCE 140. 8543 RESCINDING ORDINANCE AO. 03.32 RELATING TO 'ARLIC SAFE11YN A.WMING CHAPTER 930 OF THE CITY CODE REGARDING JSF OF FIREARMS. Mntion carried on a Roll Call vote, four ayes. Iohneider voted nay. The mating was adjourned at 11:00 p.m. Councilmeeber C ORDINANCE N0. 85-33 8542 REGARDING USE OF FIREARMS Item 7-E c•.