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Home My WebLink AboutCity Council Minutes 09-15-1986MINUTES REGULAR COUNCIL MEETING SEPTEMBER 159 1986 A regular meting of 0 order by Mayor Schneider bees of the City Center 15, 1986. ie Plymouth City Camcil was called to at 7:35 p.m. in the City Council Cham - at 3400 Plymouth Boulevard on September PRESENT: Mayor Schneider, Councilmembers Crain, Zitur, Sisk, and Vasiliou, City Manager V11111s, Assistant Manager Boyles, Public works Director Moore, Planning Director Tremere, Park Director blank, Finance Director Hahn, City Attorney Thomson, and City Clerk Brandt ABSENT: None CONSENT AGE -MA MOTION was made by Councilmember Vasiliou, seconded oy Council- CONSENT AGENDA member Zitur, to adopt the consent agenda deleting items 7-8-1 Item 4 and 7-E and deleting item 7-C from the agenda. Motion carried on a Roll Call vote, five ayes. MINUTES NOTION was made by Councilmember Vasiliou, seconded by Council- MINUTES - SPECIAL aranber Zitur, to approve the minutes of the September 2 and Sep- COLNCIL MEETINGS tember 8 Special Council meetings as submitted. SEPTEMBER 2 d 89 1986 Item 5• Motion carried on a Roll Call vote, five ayes. PUBLIC HEARING Manager Willis stated the public hearing is to afford residents an opportunity to raise questions and get explanations of the pZoposed 1987/88 budgets. The proposed budgets total $8,353,000 of which 706, or $50874,4000 would be raised through property taxes. He showed the projected revenues and expenses in each budget and stated the levy is slightly less than authorized by the State. The Council has had several study sessions to date and will have several more in the coming weeks. It is expected that the budgets will be adopted at the October 6 Council meet- ing. Mayor Schneider opened the public hearing at 7:45 p.m. Slna Kude, representing the Hone Free Shelter Domestic Assault Iniervention Program, explained the program and the number of women in Plymouth who received services this year. They are asking for $19,958 for 19870 PUBLIC HEARING - 1987-88 BUDGETS Item 6-A vert. ftt"ssofts Plymouth Historica Soclayo requested funds for a ger building either In 1986 or 14'57. They require at Avast $7,500 from the City to match their $7,500 for the ereem flan of s 24' x .369 storage building on the Village Hill site. Nay ro, stated the West Hennepin and Northwest Henn spin ry res boards are. asking for 20# per capita on a joint basis this year for a total of $7,789. Pam Came Artheest Hennepin Oman Services Council, explained tieiiprograms and the sober of Plymouth residents served last year. Etta MI. Mast Hennepin man Services Planning Board, rem Ported on services they have delivered and the cost 0 each. TIP Hleran, West Suburban Mediation Center, stated they are re- quesIng $1,000 for 1987. They served 30 Plymouth, residents in the past year and do not charge clients for mediating disputes. LeRoy Reinke, 14411 C.R. 6, asked about the increasing wills re- quIred to and the budget and asked why inflation has not been sufficient to cover budget expenses. Manager Willis answered that inflation and valuation have gone up. Plymouth has been growing rapidly in the numbers of people It has to serve and this is the main reason for the increase. Mr. Reinke stated he doesn't favor paying twice for the same sewer and street as is being proposed with the infrastructure replacement reserve fund. ben Withhart, Senior Community Services, has four programs serv- nT gFlymoutFi's elderly residents. They are requesting $940 for the in house counseling which provides alternatives to seniors other than nursing home care. Mayor Schneider closed the hearing at 8:40 p.im. Mary Shapiro stated that Northwest Hennepin is asking their cities for 15.5$ and West Hennepin is asking their cities for 20j per capita. They are jointly asking Plymouth for 2f! per capita but believe Plymouth residents are receiving more ser- vices bemuse of having two agencies available. Councilmember titur stated he would like to see figures on the per capita services Plymouth residents are getting over those provided to other cities serviced by the Northwest Hennepin Human Services Planning Council since Plymouth is being asked to pay 4.5# per capita more than the others. 0 J r I ' i O a 1 ,1 01 V l cial Council Meeting September 15, 19" Page 246 PETITIONS TESTS AND COMMUNICATIONS NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0. 86-568 mewb-r Zitur, to adopt RESOLUTION N0. 66-568 APPROVING FINAL FIRM PLANIPLAT-_ PLAN/PLAT FOR PLYMOUTH BUSINESS CENTER 3RD ADDITION FOR TRAMMELL PLYMOUTH BUSINESS CROW COMPANY (85044) (HPUD 78-1)e CENTER 3RD ADONe 85044) Notion carried on a Roll Call vote, five -des. Item 7-A MOTION was made by Councilmember VasilioU, seconded by Council- RESOLUTION N0. 86-569 member Zitur, to adopt RESOLUTION M0. 86-569 SETTING CONDITIONS ING CONDITIONS TO BE NET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PLY- FINAL PLAT MOUTH BUSINESS CENTER 3RD ADDITION FOR TRAMMELL CROW COMPANY PLYMOUTH BUSINESS 85044) (MPUD 78-1). CENTER 3RD ADON. 85044) Nation carried on a Roll Call vote, five ayes. Item 7-A Councilmember Vasiliou stated she took this item off the consent agenda because the last time she was at Holiday she noticed a number of dead evergreens and asked if they had been replaced. Director Tremere stated Holiday has replaced the evergreens and stiff has inspected the plantings. He believes these are over and above the minimum number required 6y ordinance and, there- fore, staff has recommended release of the performance bond. The circumstances and status, with respect to ordinance surviva- bility standards, will be checked prior to any release. MOTION was made by Mayor Schneider, seconded by Councilmember RESOLUTION N0. 86-570 Sisk, to adopt RESOLUTION N0. 86-570 AUTHORIZING REDUCTION OF PERFOR CE RELEASE SITE PERFORMANCE GUARANTEE FOR LYNDALE TERMINAL COMPANY FOR LYNDALE TERMINAL CO. HOLIDAY PLUS (83025) to $13,520.72. HOLIDAY PLUS (83025) Item 7-B-1 Motion carried on a Roll Call vote, five ayes. Council consensus was that a guarantee should be retained to in- sure the survivability of the new plantings for the period of one year per ordinance. NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0. 86-571 member Zitur, to adopt RESOLUTION N0. 86-571 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR E.D.S. CONSTRUCTION FOR BURGER E.D.S. CONSTRUCTION KING (83038). BURGER KING (83038) Item 7-B-2* Notion carried on a R-)11 Call vote, four ayes. Co.inciimember Sisk abstained. NOTION was made by Councilmember Vasiliou, seconded by Cnuncil- RESOLUTION H0. 86-572 member Zitur, to adopt RESOLUTION N0. 86-572 AUTHORIZING RELEASE PERFORMANCE RELEASr OF SHE PERFORMANCE GUARANTEE FOR PLYMOUTH SUPERETTE59 INC. PLYMOUTH SUPERETTES 84029). (84029) Item 7-8-3* Motion carried on a Roll Call vote, five ayes. t Septe bee 1S, 1986 Rage 247 Rlehard T. Micheli:si, 9735 29th Ave., has requested his appeal APPEAL Of' BOARD OF 76W Board of Zoning Adjustments and Appeals decision be de- ZONING DECISION, ferred until the Council meeting of Septewber 29. RICHARD MICIELIZZI Item 7-C NOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0. 86-575 member Zitur, to adopt RESOLUTION NO, 86-573 AMENDING DEVELOP- MENT CONTRACT REGARDING BUILDING PERMIT ISSUANCE RESTRICTIONS WESTWOOD RIDGE (85108) WITHIN WESTWOOD RIDGE (85108). Items 7.016 Notion carried on a Roll Call vote, five ayes. Councilmember Vasiliou stated she removed this item from the consent agenda because of her understanding that once a plat has been approved, the ordinances in place at that time rides with the approved plat. Director Tremere stated this is usually true, at least for a year; but that is not the issue in this case. The site plan, not plat, and ordinance were ame.ided almost simultaneously. It is staff's determination thit Welsh qualifies for the ordinance park dedication option as a result. Welsh is prepared to file the necessary documents to lock in the change in the definition of land for park dedication. Welsh concurs in this and it is not being imposed upon them. Discussion followed on when the park dedication fees are deter- mined and paid per the Park Dedication Policy. MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NG. 86-574 member Crain, to adopt RESOLUTION NO. 86-574 APPROVING PARK DED- XMVING PAN DEDICA. ICATION AND LOT COVERAGE PROVISION CALCULATIONS FOR THAT LAND AT TION, WILLOM CREEK OR ABOVE THE 100 YEAR HIGH WATER ELEVATION FOR THE WILLOW CREEK PLAZA (86091) PLAZA DEVELOPMENT, WELSH CONSTRUCTION CORPORATION (86091). Item 7-E Motion carried on a Roll Call vote, five ayes. NOTION was made by Counclimember Vasiliou, seconded by Council- RESOLUTION N0. 86-575 member Zitur, to adopt RESOLUTION NO. 86-575 REDUCING DEVELOP- BOND" MUCTION HENT BOND, WESTWOOD RIDGE ADDITION (85108) to $17,550. WESTWOOD RIDGE ADDN. 8510y) Motion carried oa a Roll Call vote, five ayes. Item 7-F• MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0. 86-576 member Zitur, to adopt RESOLUTION NO. 86-576 APPROVING FINAL FINAL PLAT & REVISM' PLAT AND REVISED DEVELOPMENT CONTRACT FOR OAKWOOD SHORES 2ND DEVELOPMENT CONTRACT ADDITION FOR LOWRY HILLS CONSTRUCTION COMPANY (79034). OAKWOOD SHORES 2ND 79034) Motion tarried on a Roll Call vote, five ayes. Item 7-G• MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION N0. 86-571 member Zitur, to adopt RESOLUTION NO. 86-577 SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR OAKWOOD SHORES 2ND ADDITION FINAL. PLAT, OAKWOOD FOR BEGIN DEVELOPMENT (79034). SHORES 2ND (79034) Item 7-G* Motion carried on a Rol! Call vote, ft ayes. September 1S, 1986 Page 248 MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 86-578 APPROVING FINAL PLAT AND REVISED DEVELOPMENT CONTRACT FOR MEYER CAMYEA ADDITION 81023) FOR DENNIS GONYEA AND HENRY MEYER& Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Council - ember Zitur, to adopt RESOLUTION NO. 86-579 SETTING CONDITIONS PRIOR TO FILING OF FINAL PLAT FOR MEYER GONYEA ADDITION FOR DENNIS GONYEA AND HENRY MEYER (81023). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 86-580 AUTHORIZING AGREE- MENT WITH DEPARTMENT OF NATURAL RESOURCES FISH BARRIER ON PLY- MOUTH CREEK CITY PROJECT N0. 647. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 86-581 REIMBURSING DEVEL- OPER FOR STREET CONSTRUCTION ON 34TH AVENUE IN PARK PLACE ADDI- TION (82049). Motion carried on a Roll Call vote, five ayes. MOTION was made by Counclimember Vasiliou, seconded by Council - member Zitur. to adopt RESOLUTION N0. 86-582 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF COUNTY ROAD 6 AT THE INTERSECTION OF HIGHWAY 101 AND COUNTY ROAD 6 for October 6. '1986 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. Manager Willis stated he is recommending a one will levy for 1987 and the establishment of a policy stating the intent is to levy not more than a predetermined number of mills annually re- sulting in no further need to hold public hearings in order to levy. Councilmember Vasiliou stated she would like to see a public hearing required each year to establish the .infrastructure levy. NOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 86-583 ESTABLISHING AN IN- FRASTRUCTURE REPLACEMENT RESERVE FUND; PROVIDING FOR ITS SUPPORT AND ADMINISTRATION. MOTION was made by Councilmember Sisk, seconded by Councilmember Crain, to amend to state there wi]be a one mill limit annual- ly. Discussion followed on the value of a mill and the expected va- lue in the coming years. RESOLUTION N0. 86-578 DEVELOPMENT CONTRACT DYER GONYEA ADDN. 81023) Item 7-N* RESOLUTION N0. 86-579 SETTING aNDITIMr' FINAL PLAT, MEYER GONYEA ADON. (81023) Item 7-H* RESOLUTION N0. 86-580 AGREEMENT WITH .. FISH BARRIER PROJECT N0. 647 Item 7-I* RESOLUTION N0. 86-591 REIMBURSING DEVELOPER STREET CONSTRUCTION 34TH AVE. (82049) Item 7-a* RESOLUTION N0. 86-582 STREET VACATION C.R. 6 AT HWY 101 Item 7-K* INFRASTRUCTURE REPLACE- MENT RESERVE FUND Item 7-L RESOLUTION NO. 86-583 ESTABLISHING INFRA STRUCTURE REPLACEMENT FUND Item 7-L I flit /' 6 J M1. ..••j fir Coirroibamber Gain stated he recognizes that this my limit tuft tun CA041s, hoeever4 he believes any Council could justify the increase &t a puol.c hearings Manager Willis pointed out that early ,action will be neomssary each year by the City QR=11 to allow for the public hearing 41 and posalble reverse referendum. Motion to :bend carried, four ayes. Couneilsember Vasillou vote ed nay Vat1on as amcndaid carried on a R611 Call vote, four ayes. Coun- ailmember Vasillou voted nay. CotmIlmember Vasillou stated she believes one will is too much and a public hewing should be held each year. NOTION was made by Couneilmember Grain, seconded by Oouncilmem n bar Sisk, to adopt RESOLUTION N0. 66-W AUTHORIZING A TAX LEVY IN SUPPORT OF THE IWRASTRUCTURE REPLACEMENT RESERVE FUND OF THE CITY. o Attorney Thomson explained that taxes are levied in a dollar amount and suggested putting a minimum amount of $435,000, for example, in the resolution. Couneilmembers Crain and Sisk agreed to insert the amount of 435,000 in their approving resolution. aCouncilmemberCrainstatedthisisnotalevytop y for roads twenty years in the future; it is to replace roads which are de- teriorating rapidly and coasting the City many dollors in upkeLp and maintenance today. He believes it is appropriate to take this action to keep the infrastructure in a reasonable state of repair. y Mayor Schneider stated he do63n't believe it is right for resi- dents to pay for roads in other parts of the City when they have Just paid for one in their area. Discussion followed on the condition of the roads, alternate amounts of levy, the need to prioritize replacement, and where budget cuts might come from. NOTION was made by Mayor Schneider, seconded by Couneilmember Vasillou, to amend the resolution to indicate a levy liedt of 2209000 for 1997. Councilmember Crain stated he believes one of the Council's prime responsiblities is taking care of what the City has. The establishment of the fund and the levying of one mill is a step In the right direction but not even enough to cover the project - Oil costs of replacement. I RESOLUTION N0. W564 INFRASTRUCTURE REPLACE- MENT FUND Item 7 -L PAF' 7 o. r Motion to end osrOod, three ayes. Councilmembers Crain and SIA voted slty46 Motion as amen44 Berried on a Roll Call vote, four ayes. Coun- ` oilxsmbbr Sisk voted nay. NOTION was made by Counoilmember Vbsiliou, seconded by Council- RES&UT ON NO.. 86405 awoer Crain, to adopt RESOLUTION N0. 66-585., APPROVAL SOF LAND LAW ACWLSITION ACQUISITION AT,3035 EAST M6ICM LAKE BOULEVARD FOR FUTURE ROAD 3035 E. MEDICINE LAKE. AND TRAIL USE. R BOULEVARD Item 74 Nation carried on a Roll Call vote, five ayes. NOTION was made,by Couneilmember Vasiliou, seconded by Council- RESOLUTION NO. 86.586 mer Lltur, to adopt RESOLUTION N0. 86-586 DECLARING COST TO WORIM MT BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ORDERIW. ASSESSM EO DELINQUENT WATER, SEWER AND STREET LIGHTING OR ANNUAL STREET DELINQUWT uTILITIES LIGHTING FOR UNIMPROVED PARCELS to be $30510.65. Item 744-1 & 2* r._. Notion cor.ried on a Roll Call votei five ayes. NOTION was made by Couneilmemb4t Vasiliou, seconded by Council- RESOLUTION N0. 86-587 member Zitur, to adopt RESOLUTION NO. 86487 DECLARING COST TO DECLARING MST XM BE ASSESSED AND ORDOING PREPARATION OF PROPOSED ASSESSMENT FOR 'ORDERING ASSESSMENT 1986 REMOVAL OF DISEASED TREES to be $6,733.10. TREE REMOVAL Item 7-4m3* Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Vasiliou, seconded.by Council" RESOLUTION N0. 86-568 member Zituar., to adopt RESOLUTION N0. 86-588 DECLARING COST TO NG MT AND BE A53ESSEO AND ORDERING PREPARATION OF 'PROPOSED ASSESSMENT FOR ORDERING ASSESSMENT 1986 WEED ERADICATION AND DESTRUCTION CHARGES, ROLLS 1 AND 2 to WEED ERADICATION be $29568.28. Item 7-N-4* Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Vasiliou, aeeonded by Council- RESOLUT?ON N0,-86-589 member iltur, to adopt RESOLUTION N0. 86-599 CALLING 1'OR PUBLIC ` M NEARING ON PROPOSEQ ASSESSMENT, DELINQUENT WATER, SEWER AND PROPOSED ASSESSMENT STREET LIGHTIK's' OR ANNUAL STREET LIGHTING FOR UNIMPRMD PARCELA DELINQUENT UTILITIES for October 6, 1986 at 700 p.m. STREET LIGHTING Item 7-N-1 & 2* Notion carried on a Roll Call votes five ayes. NOTION was made by rouricilmember Vasiliou, seconded by Council- RESOLUTION N . 661,590 member Zitur, to adopt RESOLUTION NQ% 86490 CALLING FOR PUBLIC M HEARING ON PROPOSED ASSESSMENT, 1986 REMOVAL AND DESTRUCTION OF PROPOSED ASSESSMENT DISEASF.D TREES for fttubmr 6, 1986 at 7:30 p.m. TREE REMOVAL Iden 744-3* Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmeriber Vasiliou, seconded h; Council- RESOLUTION NO. 86-591 member Zitur, to adopt RESOLUTION N0. 66491 CALLING EOR PUBLIC MAAM HEARING ON PROPOSED ASSb%HENT, 1986 WEED tRADICATION .AND DE- PROPOSED ASSESSMENT j STRUCTION CHARGES, ROLLS 1 AND 2 for October 6, 1986 at 7130 WEED ERADICATION p.m. Item I -N4* Not ori carried: on a Roll Call Vote, five aye&. 1 n34• w roti Ibeting ' y- sen aider 1S, 1986 Pa001 251 a PONT$ OF OFFICERS, BOARDS AND COMMISSIONS Nan r Hillis stated that membership for 1987 in the Municipal MLC NEMBERSHIPp l Legislative ComRiss1on would amount to $8,241 as apposed to Item 8-A 3 11,612 'for 1986. Councilmember Crain 'stated he believed the NLC will continue to be a valued asset for the City. U Councilmember Vasiliou stated her concern continues to be money spent when staff and Plymouth's legislators are already co muni- eating well. v Councilmember Crain pointed blit that Plymouth's legislators are r not the problems, others are. The MLC also does a great deal of research for legislators which provides them with a suburban perspective on financial issues. NOTION was made by Councilmember Crain, seconded by Councilmem- bar Sisk, to continue membership in the MLC for 1987. Notion carried, four ayes. Councilmember Vasiliou voted nay. Manager Willis stated the proposed trail construction program vL11 e;?pedite the ability of the City to fund and install cer- tain segments of the trail system which have higher public safe- ty priority than others. The financing is proposed to come from the public works reserve fund which is approximately $250,000. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 86-592 APPROPRIATING FUNDS FOR TRAIL CONSTRUCTION items 2 through 5 of Director Blank's r memo dated September 4, 1986f, Director Blank reported that both the D.N.R. and Hennepin County Parks have expressed interest in some day owning the segment designated as "Luce Line" trail in Plymouth. Notion carried on a Roll Call vote, five ayes. Director Blank stated there is approximately $15,000 remaining In the trails fund and items 6 and 7 would be the next two high- est p0 oritles on the C.I.P. NOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur. t.% adopt RESOLUTION NO. 86-593 APPROPRIATING FUNDS FOR TRAIL CONSTRUCTION items 6 and 7 of Director Blank's memo dated September 4, 1986. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Crain, seconded by Councilmem- bar Zitur, directing staff to have the City's consulting traffic engineer study and report on West Medicine Lake Blvd. between 26th Ave. and Highway 55 with respect to trails. TRAIL CONSTRUCTION TIME=LINE 8 FUNDING SOURCES Item 8-8 RESOLUTION N0. 86-592 TRAIL CONSTRUCTION Item 8-6 RESOLUTION N0. 86-593 APPROMIATING Mg' TRAIL CONSTRUCTION Item 8-B W • Special Council Meeting September 15, 19th Page 252 Motion carried, five ayes. aim Olson, Bonestroo, Rosene, Anderlik, stated that, for report - ng purposes, they have prepared a status chart which will be presented monthly. MIO suggested offering an incentive for early completion of the project. The Council also may wish to consi- der an alternative bid on a later completion date to determine ghat the initial completion date is costing. NOTION was Mdr Ay Councilmember Sisk, seconded by Councilman - bar Vasilioi, to adopt RESOLUTION NO. 86-594 CONFIRMING APPOINT- MENT TO THE NORTHWEST HUMAN SERVICES COUNCIL of Eydie Kargas for a term expiring December 31, 1986. Notion carried on a Roll Call vote, five ayes. OTHER BUS1NEaS NOTION was made by Councilmember Vasillou, seconded by Council. neer Criiin, to delay printing of the Community Information Booklet until the 1987 budget has been adopted in order to make the information as current as possible. Notion carried, five ayes. The meeting adjourned at 11:05 p.m. WELLS 8 AND 9 NATER TREATMENT PLANT Item 8-C RESOLUTION NO. 86-594 WEST HUMAN SERVICES COUNCIL Item 8-D OTHER BUSINESS