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Home My WebLink AboutCity Council Minutes 03-31-1986 SpecialS n S' SKCIA L WPM WITINC I MRl"M` 31,, 19 A sp,ecl4l meeting of the PlymMith City Council eras called to order by Okyor Schee[der at 7:30 peme to the City Cauftel1 Ch4mbers of the City Center at 3400 Plymouth Wulevard om Maj'ch 31 11%816. PKSEW i Mayor Schnel+l'er, Cav4ne.1lQePbers Y'as,il tot, Cta,ln, Itterr and SIA, City Manager. Wi tils, Alss1.51 init Mawwr foyles, Publics Works Director Moore, Play', irk Director Treme e, Park Director Blank, Finance Ditf °tor R-Icker, Assistant Finance Wrector Hahn., City Attorney Letter, and Cita' Clerk 1 oot OSENIf a None PROCLAMATION 44yar Schneider read a procl amatlon declaring Ap, 11 7 and 8 as PROM WAT10" Health Fair Days. ttem a COKSENT AGENDA NOM -44 was made by Counc.l Iffmimb+e t t tur, sec one!ed `y Counc i.lme.fli- ber Vaa.11lou, to approve the consent agenda with %,te deletion of Items 7-C anti: 8-8. Motion carried on a Rall Call vote, live ayes.. KNO TES ffrvowwr, MOM)" was made by Counc i lme3mbec Z l tur, secondel., by Coa no l lmem- ber Uasillou„ to adopt the lainutes of the re~gul? - Counell meet- ing 1:0 Macch 11, '1586 as .Sulanitte(ja NotIn°n carrla:d on a Roll C y,e1 vote, fIdo ayes. PETITIONSt1S T QUESTS ARID CONI MN.iCATIONS Grey Frank, McCombs Knutson Assae late -5, irepp, senting Dickman nu son, requested separate aj.•t lon on ttie re quest s for sewer district staged growth plap amendment and the -IUD concept plani kle stated 0 acres are within the urt'#%in servl area and 10 are Qn Lhe post 1990 stasgod growth :area (CUS . Basad e: -i the 4-11&*a4le density, that ropresents. 40 unit. whICh woul„ have access to stwer. The request is for 41 un,,•s,, so It would be thin the aitwf:r flow Limits. Coce the sewor Is In the ,stroet, Lt ciou.lu serve both sides. 50W3 conCern with taking flow from one sew -K district bound ry and puttinj it Into another was addressed by Mr. Friink shil,mLig other are, s where It has Breen app. oved by ilhe Council. CONSW A€ IVDA Item S MINUTES - IgECULAR MEETING OF MARCH 17, 1986 Item 6* PUD CONCEIT PLAN BASS LAKE HEIGHTS 4TH DICKMV KNOWN ( 851?6 ) Item 7-A K141 e re l !'NMt lr oh 114 Page ?a Dke IPan HPUtWr pot I><, OMV',:. IMA.te6 he: 04S awnret Of t.ht C05i 19, no w ; cAosetd the p r"rrcy s hart he, also knew Oat the city had M00,11ried dounchi y ! tne s tui the pant. The remte"t ton in 00, number of ardts Is slgntflca rd In that it wth kaetp the sever flim the wwAe as that allowed la the 24 acres alone. alreoator Moate, painted- aut that; thla rropo3e4 changee would take flow •fre4a one 41s.trlct i-to anather d In the past, Council smiend e— t,.s havieD kept flow within a diste het and only changed suX fistrlcts. Mr,, Ki .- ovi stated the. topography, Is such that the flow ean. be wvde to run to the Uam take sewer district. He added that the s.Ix park acres In this, development mount for density of 12 units which will not be txi1.1t. He teeiuested the Council decide this surer ava.i labt i ity issue first, independent of the PUD request. iouncllmermber Crain clarlfted that the HetcopolWin Council approves changes In the star d growth pl-an Mayor SchneWe:r sa.ld the entire apps leaf to,- should be reviewed by the Coun01, recognlzOng that se, -t avat,Obtltt% Paz a basic coons tder 4it .ion. Mr. Knutson study luted the attrlbu'.% 0 a PUD and t'e benefits to the City by app:oving tuts PUD. He, clt;.d hli pr9po3ed dedtea- tion of future C.R. Al right of way, easements Vor drotrivge, oaric dedleat loo, and wood Land preservat loci. Caunel tmember Sisk point -W out that the C.R. ,A alignment has not been e.stabiJ,%hed and Olt would htive ar, impact upon the pro - jeer (f the .lapid for the road is dedicated now. ht Knutsoo ,NLated that, e, (10, study of the C.R. 61 corridor has shown the best loc-aftla i le bi- that represented In his concept Pian and, he doesn't went to Pay for anothee study. Manager W lis stated i.t mid -it A)e better to real with the entire quest, j n because kite petitt'O telles view may be different if this vert^ : reaotited for conventional platting. There are some ques- tions which stiould be answered: Whether or not the Counct i oishe: ): amend Cl ty pulley arw th.-b staged growth p.1.4n to permit a ac%e r extension to i h t,s site, whether or not It has the att r t - butes of a PUD, and the allgrunent of C.H. 61 through the, wet - l -ands to the south and dor. Knutson's concern wtth tho oxpense of a s t kAdy . Dor. Knutson etated thtiit, If' the area could be segered, he would consider sharing In the cost of d trofflc and road study. Director Maore; stated that the ,grower system to thr. &!ast w%is no. designed to haridle develupmc:nt .in this area. If an exception is Avade for this development, the City woula have a hard time deny - Ing development of the property to the south. Special Council Meeting, March 31, 1986 Page 71 NOTION was made by Councilmember Sisk, to adopt RESOLUTION N0. 86- APPROVING REQUEST BY DICKMAN KNUTSON, ULTRA HOMES, INC. FOR PLANNED UNIT DEVELOPMENT CONCEPT PLAN AND AMENDMENT TO COM- PREHENSIVE PLAN STAGED GROWTH ELEMENT (85126). Motion died for lack of a second. NOTION way made by Councilmember member Crain, to defer action an petitioner to discuss the issues tions to the Council as to what road study would be. Vasiliou, seconded by Council - direct staff to meet with the with a report and recommenda- shared costs of a traffic and Mr. Knutson stated again that he doesn't wan`, to pay for a road alignment study if the sewer plan cannot be amended. Council - member Sisk stated the sewer issue should be addressed first. Motion carried, four ayes. Councilmember Sisk voted nay. NOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION N0, 86-159 APPROVING SITE PLAN AND VARIANCE FOR TURCK MULTIPROX, INC. (86012). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION N0. 86-160 APPROVING A CONDI- TIONAL USE PRMIT FOR MERCHANDISING SERVICE FOR RICHARD J. BORDEN AT 9628 6TH AVENUE (86015) adding condition No. 10 as follows: This permit allows a maximum of three stamp auctions per year to be conducted only on Saturdays." Motion carried on a Roll Call vote, five ayes. Director Tr.emere stated that staff wanted Couicil to be „ware of the fact that it is possible that the n:.lighbo:• zoui.d expand his home which may be a problem if the tower were to fall onto the adjac.-%nt property. The question is whether the tower could be otherwise located on the property so it woulA not touch the neighbor's property if It fell. He believes here is another location on the site which would be better 36*ted but the tower would have to be higher to pick up the signals. 4e noted that letters were sent to the neighbor informing him of the Plannlny Commission public hearing and the discussion before the Council, but the neighbor has not responded. Wayne Menge, 3190 Kimberly Lane, stated he picked this location because of the elevation. If the tower has to be moved, it would have to be at least 70 ft. high and would be very expen- sive to erect. MOTION was made by Councilmember Vasillou, seconded by member Zitur, to adopt RESOLUTION N0. 86-161 APPROVING TIONAL USE PERMIT FOR WAYNE AND NANCY MENGE AT 3190 LANE (86016) . RESOLUTION N0. 86-159 TURCK NULTIPROX, INC. 86012) Item 7-8* RESOLUTION N0. 86-160 biTI R'r RICHARD BORDEN (86015) Item 7-C C.U.P. FOR WAYNE AND NANCY MENGE (86016) Item 7-0 Council- RESOLUTION H0. 86-161 A CONDI- COMMUNAL USE PET KIMBERLY WAYNE & NANCY MENGE 86016) Item 7-0 s Special Council March M, 1986 Page 72 Meeting Councilmember Crain asked that the record reflect that the Coun- cil's action to approve this request is based upon: 1) the fact that the affected neighbors have full knowledea and have acqui- esced to the proposal; 2) the locational constraints on tl.e sub- ject parcel; and 3) the fact that most tourer breaks o.cur above and not at the base. Motion carried on a Zoll Call vote, five ayes. MOTION was made by Councilmember, Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION N0, 86-162 APPROVING A HOME OCCUPATION CONDITIONAL USE PERMIT FOR THELMA LEE SHEPPERD 86017). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zltur, seconded by Councilmem- ber VasIllou, to adopt RESOLUTION NO. 86-163 CALLING FOR HEARING ON IMPROVEMENTS, PROJECT 008-001, PIKE LAKE AREA TRUNK SEWER, PHASE II for April 21, 1986 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 86-164 CALLING FOR HEARING ON IMPROVEMENTS, PROJECT 544, FERNBROOK LANE. NORTH OF COUNTY ROAD 9 TO 46TH AVENUE for April 21, 1986 at 7:30 p.m. 0 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Lrain, seconded by Councilmem- ber Z.ltur, to adopt RESOLUTION NO. 86-165 REQUEST FOR PAYMENT N0. 2 AND FINAL, SALT STORAGE BUILDING In the amount of 7,139.10 to Demars and Touhey Constroiction. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 86-166 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS PUBLIC WORKS BUILDING REMODELING. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Counellmem- ber Vasillou, to adopt RESOLUTION NO. 86-167 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING FOX RUN 2ND ADDITION. Motion carried on a Roll Call vote, five ayes. 0 RESOLUTION NO. 86-162 HOME OCCUPATION M.F. THELMA LEE SHEPPERD. T 86017) Item 7-E* RESOLUTION NO, 86-163 PIKE LAKE AREA SEWER PHASE, PROJECT 008-001 Item 7-F-1* RESOLUTION NO. 86-164 MLINC HEARING FERNBROOK LANE PROJECT 544 Item 7-F-2* RESOLUTION N0, 86-165 N0. 2 6 FINAL, SALT STORAGE BUILDING Item 7-G RESOLUTION N0, 86-166 SPECIFICATIONS PUBLIC WORKS BUILDING REMODELING Item 7-H* RESOLUTION N0, 86-167 ORDERING REMRT STREET LIGHTING, FOX RUN 2ND ADDITION Item 7-I* Specill Council Meeting March 31, 1986 Page 73 MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasillou, to adopt RESOLUTION NO. 86-168 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A DRAINAGE AND UTILITY EASE- MENT FOR OUTLOT D, PLYMOUTH CRE'K 2ND ADDITION for April 21, 1986 at 7:30 p.m. 0 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 86-169 AnOPTING ASSESS- MENTS, PROJECT Q. 618, SANITARY SEWER AND WATERMAIN LATERAL, PARCEL B OF LOTS 1 ANS 2, BLOCK 3 KLAUSMANS ADDITION In the amount of $2,775.38. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasillou, to adopt RESOLUTION NO. 86-170 ADOPTING ASSESS- MENTS, PROJECT N0, 617, SANITARY SEWER AND WATERMAIN AREA, PAR- CEL B OF LOTS 1 AND 2, BLOCK 3, KLAUSMANS ADDITION In the amount of $703.50. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vaslllou, to adopt RESOLUTION NO. 86-171 ORDERING FINAL PLANS AND SPECIFICATIONS, SCHERER INDUSTRIAL PARK 2ND ADDITION, PROJECT 616. Motion carried on a Roll Call vote, four ayes. Councilmember Zitur abstained. MOTION wai made ..y Councilmember Zitur, seconded by Councllmem- ber Vasilloi. to adopt RESOLUTION .40. 86-172 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT TRAFFIC SIGNAL WARRANT STUDY, COUNTY ROAD 6 AN;) DUNKIRK LP.1-4E. Motlon carried on a Roll Call vo*,e, five eyes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vaslllou, to adopt RESOLUTION NO. 86-173 APPROVING DISBURSE- MENTS FOR THE PERIOD ENDING FEBRUARY 28, 1986 In the amount of 191679694.33. Mutioo carried on a Roll Cal vote, five ayes. MOTION was made by Councilmember Zltur, seconded by Councllmem- ber Vasillou, to adopt RESOLUTION NO. 86-174 APPROVING 1986 GAR- BAGE HAULERS LICENSE APPLICATIONS. Motlon carried on a Roll Call vote, five ayes. RESOLUTION N0, 86-168 ORDERI14G HEARING EASEMENT VACATION PLYMOUTH CREEK 2ND Item 7-J• RESOLUTION N0, 86-169 ADOPTING ASSESSME PROJECT N0, 618 SEWER & WATERMAIN Item 7-K" RESOLUTION NO. 86-170 ADOPTING ASSESSRENTr PROJECT N0, 617 SEWER & WATERMAIN Item 7-K* RESOLUTION N0, 86-171 SCHERER INDUSTRIAL PARK 2ND ADDN., PROJECT 6.16 Item 7-L* RESOLUTION N0. 86-172 ntVUU Z3 I inu i mnr i- L%_ STUDY, COUNTY ROAD 6 & DUNKIRK LANE_ Item 7-M'* RESOLUTION NO. 96-173 PE!1%100 ENDING 2/28/86 Item 7-N* RESOLUTION N0, 86-174 GARBAGE1986 L ICF NSES Item 7-0" 1151! Special Council Meeting Match 31, 1986 Page 74 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Mayor Schneider suggested that the consultant draft the contract FIRE STATION N0. 3 with staff review and amendment. CONSULTANT RECOMMENDATION Councllmember Vasillou agreed adding that the contract should be Item 8-A for Phase I only. MOTION .as made by Councilmember Sisk, to adopt RESOLUTION N0. 86- DESIGNATING CONSULTANT FOR DESIGN AND CONSTRUCTION OF FIRE STATION N0, 3, PROJECT N0. 615 jddtng the following wording: deltneating those items in Phase I and those in Phase II only." Motion falls for lack of a second. MOTION was made by Kayor Schneldor, seconded by Councilmember RESOLUTION NO. 86-175 Crain, to adopt RESOLUTION NO. 86-175 DESIGNATING CONSULTANT FOR DESIGNATING FIRE DESIGN AND CONSTRUCTION OF FIRE STATION NO. 3, PROJECT NO, 615 STATION NO, 3 to be Boarman Architects, Inc. deleting the "Be it further CONSULTANT resolved" sentence and adding: "Be it further resolved that the Item 8-A architect will prepare a contract for Phase I services only for review and comment by the staff and final apprc.Yal by the City Council." Motion carried on a Roll Call vote, five ayes, Councllmember VasLllou suggested that Information on the new precincts be Informally presented to residents as soon as possible, Manager Willis stated that publicity about the precinct revision RESOLUTION NO, 86-176 will be arranged as soon as polling places have been Identified. ADOPTING 16 PRE CT VOTING PLAN MOTION was made by Councilmember Vasillou, seconded by Council- Item 8-8 member Zitur, to adopt RESOLUTION NO, 86-176 ADOPTING A 16 VOT- ING PRECINCT PLAN, Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zltur, seconded by Councllmem- RESOLUTION NO, 86-177 ber Vasillou, to adopt RESOLUTION NO, 86-177 APPOINTMENT TO APPOINTINC KEN AMMON BOARD OF ZONING ADJUSTMENT AND APPEALS to be Ken Anderson, TO BOARD OF ZONING ADJUSTMENTS & APPEALS Motion carried on a Roll Call vote, five ayes. Item 8-C" Discussion was held on why projects run over bid, the percentage REPORT ON ANALYSIS OF of overruns, and how bids are arrived at, CONTRACT OVERAGES Item 8-D Manager W1111s stated the report shows that consulting engineers use their best judgment in estimating projejts but when they get out into the field they sometimes find soil conditions they couldn't anticipate. The significant costs are In the subsoil corrections, Speolal Council Hooting March 319 1956 Page 7S Discussioft continued on what types of projects might require addttlonaA tests, where the money cones from when the prosect .Is over contract, quollty of the work being done, and whether the Council should get annus: reports such as this. Manager Willis suggested developing a list of Items the Council oily want to conslder having on a long. term checklist and the ease of keeping these records, Manager Willis stated the City has been working for sc:.veral Months to obtain insurance. Because of Insurance ;losses throughout thr; country, companies are hesitant to wri*e polim. Iles. Director Ricker reported that CNA was the only commcretal con. pany to bid on the City's Insurance In addition to thea Leaque of Minnesota Cities. The question is whether the City Insures to the State minimum requirements only or carries addit'eonal cover- age. He recommended accepting the $600,000 Insurance limit bid of CNA without the excess umbrella coverage and completion of the ground work for setting up a self Insurance prq;ram for next year. Attorney Lefler clarified that the State lirnitattons are 600,000 bmt the federal law has no limits. Otrector Ricker stated the reason for his recommendation is that: 1) The City has res*rues which could be drawn upon .in the event of a claim over $600,000; 2) There are no claims on record against municipalities over the $600,000 limlti, l) A claim over 600,000 would be litigated over numerous yeitrs providing the opportunity to accumulate the funds; 4) Inskt,-a,nce claim costs are an eligible special levy; S) The "mood" across the nation is to limit court awards; and 6) The costs of the policy are high compared to the incremental amount of coveraq'a; added. Don Ku itc, Kraus Anderson Insurance Agency, presented the pre- mium summary from CNA and suggested that the public offlalals and police coverage be kept at $1,000,000, at an additional 20,000 per year, because these are the areaii where federal Law is Involved. Attorney Lefler noted that the; State legia,lature, this ''Last ses- sion, eliminated the obligation of c t.: tes to pay ounit ivc damages of employees. AWARD OF INSURANCE Item 8-E 1986 PROGRAM MOTION was made by CounclImember Vasillou, seconded by Mayor RESOLUTION N0, 86-178 Schneider, to adopt RESOLUTION NO. 86-1.8 AWARDING THE CONTRACT FOR INSURANCE FOR THE 1986/1987 INSURANCE PROGRAM to C4.1 at a 1986/87 INSURANCE. cost of $247,764 for coverage fraxlwums of $600,000. RROCRAM Item 8-F NOTION was made by Councllmember Ittvr to amend to include; an extra $20,000 for $1,000,000 coverage for public officials and polic€% 5"Cliat Caunct.l Meeting March- )19 1986 Pdge 76 Motion falls for lack of a second. 0 Hain notion carries on a Roll Call vote, five ayes. Assistant Manager Boyles state -d the recommendation is that the City pay foe one-half the cost of up to two dumpsWs for each neighborhood clean up prograa, instead of paying full cost for one dumpster. The reason for the recommenlat ton Is that funds for the program area limited'. the number of dumpsters requested exceeds avilllablllty, dumpsters have been f!lled beyond capacity In the past, residents are ming the dumpster to clean out their homes Instead of the lnterded use whicn Is to glean up the neighborhood, and some ne.toitborhoods underut l l lie* the &jmpster. Jel le De Hoef, 18.120 18th Ave., representing Impeerlal Hills meowneFFFsoctatlon, stated they have 267 homes, one dumpster Isn't enough and he doesn't like the recommendation of cont sharing. His HOA member,rj believed the lde;a of the program w4 s to clean out their homes. He suggested the program he expanded to Include more dumpsters or drop off sites around the commun- ity. Counclimember Vaslllou encojeac;ed the program, to qet back to what It was or-iglnallr lntendel to be. a clean up of neighbor- hoods. the ftty cannot provla.! enough dumpsters for residents to clean cwt their ho.ases. Councilmember Crain .i9reed adding that he would like to see free oiumpsters, but for the original intent of the program. ounclimember Zttur stated hp would prefer that any -.ost sharinq hegln next year so gnat th-d HOA's can bo Wormed and have the i)pportunity to budget funda for addltlon4il dumpsters. Counell.member Sisk agreed that It should be kept as is this year ntth any change made next year. 14UTION w4s m.;de by Councilmember Zltur, seconded by Councilmem- ber Vastilou, ti) adopt RESOLUTION N0, 8.6-179 AUTHORIZINC SUDM..';R- S.ION OF REVISED CITY OF PLYMOUTH GRANT APPLICATION FOR COMMUNITY DEVELOPMENT 81 IXX GRANT (CDOC) APPLICATION FOR FUNDING YEAR X11. Motion carried on a Roll Call vote, five ayes. Director Moore reported on the status cif the recycling pruyrdat. Printed flyers containing Instructions are being delivered to each home thles week. Pickups will t,eyln at the enol of the month. The Council rl.avleAwed the status of improvement prujects In the C tty. 1984 NEIGHBORHOOD CLEAN UP PROGRAM Item 8-F RESOLUTION NO. M-179 APPLICA'rION, FUNDING YEAR XII Item 8-C* RECYCL INC PROGRAM REPORT Item 8-H PROJECT S'ATUS REPORT Item 8-1 i U fb 9 ffiyr1 i 4todill Cbuoc.1.1 Utet Ing Ifd O M" 1486 Paq& 77 the koet in4 adjourned at 11:341 p,.m. I