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HomeMy WebLinkAboutCity Council Minutes 11-24-1986 SpecialI 0 j.r i MINUTES SPECIAL COMIL MEETING NOVENBFR 24, 1946 A speclal meetlnq of the Plywuth City Council was called to order by Mayor Schneider at 700 p.m. in the City Council Cham- bers of the City Center at 3400 Plymouth Boulevard on November 24, 1986, PRESENT: Mayor Schneider, Councilmembers Crain, Sisk, Zitur, and Vaslllou. Manager Willis, Asslstant Manager Boyles, City Engineer Goldberg, Planning Director Tramere, Park W rector Blank, City Attorney Thomson, anis City Clerk Brandt ABSENT: None CONSENT AGFK)A MOTION was made by Councllmember Sisk, seconded by Councilmember Zltur, to adopt the consent agenda as presented. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councllmember Sisk, seconded by Councilmember Zltur, to approve the minutes of the November 17 regular Council meeting as submitted. Motion carried on a Roll Call vote, five ayes. PUBLIC HEARING I-layor Schneider opened the public hearing at 7:35 p.m. No one chose to spOak and the hearlw,] was closed at 7:35 p.m. MOTION was made by Councllmember Sisk, seconded by Councllmember Crain, to adopt RESOLUTION N0. 86-778 AUTHORIZING THE VACATION OF STREET RIGHT-OF-WAY, TEPLEY ADDITIONa Notion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS NOTION was made by Councllmember Sisk, seconded by Councilmember Zltur, to adopt ORDINANCE N0. 86-30 AMENDING THE ZONING ORDI- NANCE TO CLASSIFY CERTAIN LANDS LOCATED AT 15530 AND 15610 COUNTY ROAD 9 AS R -1A (LOW DENSITY RESIDENTIAL) DISTRICT. Notion carried on a Roll Call vote, five ayes. CONSENT AGENDA Item 4 MINUTES - REGULAR MEETING, NOVEMBEN 17, 1986 Item 5• PUBLIC HEARING - STREET VACATION Item 6-A RESOLUTION N0. 86-778 TEPLEY ADDITION Item 6-A ORDINANCE N0. 86-30 HUNG ZUNPC CODE ST. 9ARNABAS CHURCH 86108 ) Item 7-A• Special Caund I Meeting November 24, 1986 Page 314 NOTION aaa made by Councllmember Sisk, seconded by Counellmember RESOLUTI6 : NO. 86-779 Zitur, to adopt RESOLUTION NO. 86-779 SETTING CONDITION TO BE NET PRIOR T4 PUBLICATION OF ORDINANCE REZONING LAND LOCATED AT AMENDING Z NI INC CODE 15530 AND 15610 COUNTY ROAD 9 as R -1A (LOW DENSITY SINGLE FAMILY ST. BARNAV 5 CHURCH RESIDENTIAL) DISTRICT (56108). (94108) Item, 7-A* Notion carried on a Roll Call vote, five ayes. MOTION •as made by Councllmember Sisk, seconoled by Councllmember RESOLUTION N0. 86-780 Zitur, to adopt RESOLUTION NO. 86-780 APPROVING PRELIMINARY PLAT PRELIMMY F[Ar FOR ST. BARNABAS LUTHERAN CHURCH FOR ST. BARNABAS ADDITION ST. BARNABAS CHURCH 86108). (86108) Item 7-A• Motion caroled on a Roll Call vote, five ayes. NOTION way made by Councllmember Sisk, seconded by Councllmember RESOLUTIUN N0. 86-781 Zltur, to adopt RESOLUTION NO. 86-781 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ST. BARNABAS LUTHERAN CHURCH FOR ST. HENT CONTRACT, ST, BARNABAS ADDITION (86108). BARNABAS CHURCH (86118) Item 7-A• Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Slsk, seconded by Councllmember RESOLUTION N0. 86-781A Zitur, to adopt RESOLUTION NO. 86-781A SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR ST. FINAL PLAT, ST. BARNABAS LUTHERAN CHURCH (86109). BARNABAS CHURCH (86108) Item 7-A• Motion carried on a ROLL Call vote, five ayes. MOTION was made by Councllmember Sisk, seconded by Councllmember RESOLUTION N0. 86-7818 Zltur, to adopt RESOLUTION NO. 86-7818 APPROVING SITE PLAN, SITE PLAR, CONDITIONAL USE PERMIT AND FIRE CODE VARIANCE FOR ST, BARNABAS FIRE CODE VARIANCE LUTHERAN CHURCH (86108). ST. BARNABAS CHURCH 86108) Motion carried on a Roll Call vote, five ayes. Item 7-A• MOTION was made by Councllmember Sisk, seconded by Cousicilmember RESOLUTION N0. 86-781C Zitur, to adopt RESOLUTION NO. 86-781C ADOPTING ASSESSMENTS, ADOPTINC ASSESSMS PROJECT NO, 710, WATERMAIN LATERAL, ST, KtRNABAS ADDITION In the WATERMAIN LATERAL amount of $11,668.71. ST. BARNABAS CHURCH PROSECT 710 Motion carried on a Roll Call vote, five ayes. Item 7-•A• MOTION was made by Councllmember Sisk, seconded by Councllmember RESOLUTION NO, 86-781D Zitur, to adopt RESOLUTION N0, 86-781D ADOPTING ASSESSMENTS, PROJECT N0. 709, SANITARY SEWER AND WATERMAIN AREA, ST. BARNABAS SEWER 8 WATERMAIN CHURCH ADDITION in the amount of $12,378. ST. BARNABAS CHURCH PROSECT 709 Motion carried on a Roll Call vote, five ayes. Item 7-0 MOTION was made by Counctlmember Sisk, seconded by Councllmember RESOLUTION N0. 85-782 Zitur, to adopt RESOLUTION NO. 86-782 APPROVING DISBURSEMENTS "PMOD FOR THE PERIOD ENDING OCTOBER 31, 1986 In the amount of ENDING 10/31/86 2,578,375.55. Item 7-B» Notion carried on a Roll Call vote, five ayes. Special Council Nesting November 24. 1986 Page 315 Manager Wlllls stated that one construction permit has not yet been obtained and suggested deferring award of the bid for Fernbrook Lane, Project 544, until December. NOTION was made by Councilmember Sisk, seconded by Councllmember lltur, to adopt RESOLUTION NO. 86-783 AUTHORIZING THE PUBLIC SALE OF TAX FORFEIT PARCELS FOR NON-PAYMENT OF REAL ESTATE TAXES. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Counctimember Zitur, to adopt RESOLUTION N0. 86-784 REQUESTING THE CONVEYANCE OF TAX FORFEIT PARCELS TO THE CITY OF PLYMOUTH FOR PUBLIC USE. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember 1!tur, to adopt RESOLUTION NO. 86-785 REDUCING DEVELOPMENT BOND, EVONNE'S LAKEVIEW ADDITION (A-819) to $1,000. Potion carried on a Roli Call vote, five ayes. NOTION was made by Councllmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 86-786 REDUCING DEVELOPMENT BOND, dOBERT MIDDLEMIST 6TH ADDITION (81041) to $0. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Iltur, to adopt RESOLUTION NO. 86-787 PEDUCING DEVELOPMENT BOND, PLYMOUTH CREEK 5TH ADDITION (86031) to $35,560. Motion carried on d Roll Call vote, five ayes. MOTION was made by Councllmember Sisk, seconded by Councllmember Zltur, to adopt RESOLUTION NO. 86-788 REDUCING DEVELOPMENT BOND, ROLLING HIILS PARK (83059) to $0. Motion cdrricc on a Roll Cdll vote, five dyes. MOTION was made by Councilmember Sisk, seconded by Councllmember Iltur, to adopt RESOLUTION NO. 86-789 REDUCING DEVELOPMENT BOND, FOX RUN 2ND ADDITION (85066) to $17,640, Motion carrled on a Roll Call vote, five ayes. REPORTS OF OFFICLKS, BOARDS AND COMMISSIONS Manager Willis outlined his suggestion that the Council select a consultant to conduct d study pertaining to the regulation of adult halfway houses, community-based residential facllltles, and similar facilities, that a speclal study committee be formed to provide Input to the 00nsultant, dnd the makeup of that com- mittee. (his will insure that recoiamenddtions are provided to the Planning Commission who will deal with the adoption of any AWARDING Bib FLRNBPOOK LANE PROJECT 544 Item 7-C RESOLUTION NO. 86-783 AUTRONIZINE E TAX FORFEIT PARCELS Item '7-D• RESOLUTION NO. 86-784 TAX FORFEIT PARCELS Item 7-D+ RESOLUTION NO. 86-785 B90 REMCTION EVONNE'S LAKEVIEW ADDN. (A-819) Item 7-E-1• RESOLUTION NO. 86-786 ND KWMSMW ROOT. MIDDLEMIST 6TH ADDN. (81041) Item 7-E-2• RESOLUTION N0, 86-787 ND REDUCTION PLYMOUTH CaEEK STN ADDN. (86031) Item 7-E-30 RESOLUTION NO. 86-788 BOND RrDUCTION ROLLING HIILS PARK 83059) Item 7-E-4• RESOLUTION N0. 86-789 BOND REDUCTIUR FOX RUN 2ND ADDN. 85066) Item 7-E-5* REGULATION OF ADULT HALFWAY HOUSES Item 8-A Spa ia C eaoll Meeting lbvarber 24, 19" o ; Page 716 ordinance ammendmients. When ar;y recommendations for amending the ordinance are ready for the Planning Crmmiisalon, a public hear- Ing •ill, be held at which tio-w anyone Interested in the subject could spRak. He believes this approach would give the committee the opportunity to address and resolve the Issue by spring of 1987. Councilmiember Vasiliou stated she agrees with the suggestion ani! believes the eoMposit.lon of the study comittee, as suggested by the City Manager, Is opproprlate. 1 , Mayor Schneider stated that Gerald Kaplan, director of Alpha House* is asking, In A letter submitted at the meeting, that one 1 amber of the committee be from a Hennepin County commwnity ser- vices facility and one additional member be from a non-Plywouth based facility. Councllmember Sisk pointed out that the committee Is to provide Input to the consultant and. not be a decision maker. He bn,lleves Input fr= such individuals should be sought, but not necessarily as members of the committee. 6 Discussion followed on the aamkeup of the committees The Council agreed to hall prospective cowmittee members and bring their recommendations to the Dripeember 1 Council meeeting. Counellmember Vaslllou proposed adding one state representative or senator from Plymouth and one member of the Hennepin County Board. Nanager Willis stated that the Council's 11rectlon to place a moratorium on these type:s of applications Is because there appears to be a gap In the Code In definition of facilttles. The outcome of the consultant's rocommendatloo should be only direction on how the Plar,ning Cawm1.3310n will look at applica- tions from this point one The Alpha House petition should not be raised at all by having pro or con members on the study com- mittee. The question should be dealt with more broadly. Discussion con:-, nued on whether or not to include state repre- sentatives or stnators and a Hennepin County Board members NOTION was mboit by Counallmember Zltur, seconded by Councilmem- ber Crain, to adopt staff's recommended composition for a live weber special study coamittee. NOTION was made by Countalwember Sisk, seconded by Couneilmember Vasiliou, to amend the ,notion to add a state legislator, either senator or representaWte and a County Board member. Counellmember Crain stated appropriate for a state or the City's Zoning Ordinance, 1 P fl again that he doesn't believe It Is county representative to be deciding p.o.l sI 1 leetta9 lidv ber Z, TlA6 aa 3T7' Notion to amend fails. Mayor Schneldw and Councllmembers Crain and Mur voted nay. NOTION was made by Ca mei loeobec Sisk, seconded by Counci lm i mbe r Vasillou, to www the motion to add that a member be added who Is the administrator or representative of the administrator of a non-PAymouth suburban residential facility. Notion to amend carried, five ayes. Couneilmember Sisk stated he doesn't want state legislators and County Board members ignored and requested their Input be tarsen by the committee. Councilmeaber Vasiliou stated she will not support the eoMR.tt- tee's recomendation without county and state participation. By not having them as part of the eoMmitteel the City will be Miss» Ing the opportunity to involve them at the City level at a time when changes could be made in the law. Councilme*3er Crain, pointed out that state laws will be a part of the eor;sideration during the committee's hearing process and they will constitute a signtficibnt part of the input. Notion as once amended carried, four ayes. Counellmember Vasillou voted nay. The Council discussed 15 Issues relating to the Clty's liquor ordinance In view of ch;Anges in State statutes. It was decided that staff will research .insurance premium costs before amending the Code to raise required lietts; gambling in liquor establish- ments "III be looked at again In six monthsi and consistent pe- nalties be adopted for Intoxicating and non -intoxicating llgtwr violations. Discussion followed on whether to amend the Council's policy re- garding minimum dollar valuation for restaurants applying for on-sd le lntoxlcsting 1!.censes. Mayor Schneldrr, stated the reason for the m1nlmum was to keep small establlshments, where young adults notild be prone to gat.het , out of the shopixiny centers. Couneiimember Sisk asked fnr time to study the Issue to develop criteria other than dollar value of the bui!iding. He doesn't believe the dollar criteria should be the cele one. NO ssked that staff prepare$ for a 3anuory %ieet.ing, a report on how neighboring communities Issue licenses and make reconmendat[ons on the definition of what is a neighborhood shopping center as J compared with a regional shopping center. W)TION was made by Councllmember Siskt seconded by Councilmemft ber t'tur, to adopt ORDINANCE NO. 96-31 RELATING TO PERMIT FEESs MENDING PLYNOUTH CITY CODE, SUBSECTION 1015.11. Notion carried on a Roll Call vote• r've ayes. LIQUOR ISSUES Item 8-B ORDINANCE N0. 86-31 FEES hel b -C4 i Soeoial C mel.R fteting lldve ber 2b 1 6 r. Page 31• The Council reviewed the project status repow,te Engineer Goldberg explained the surcharging process and how It has worked In Plymouth. Manager Willis noted that digging for wells 8 and 9 will be starting soon and the contractor will be working 24 hours per day until they reach the bedrock formation. The noise should be minimal and not a problem to any residents. Mayor Schneider suggested that bids for the new water treatment facility be requested for completion in spring of 1988 or '1989 only. The Council reviewed the 1986 park capital improvement project status report. Manager Willis stwmnarized the City's Insurance carrier's response to the claim submitted by Mrs. Novy for a sanitary sewer back-up. Their conclusion Is to deny the claim. Pat Novy9 180,, Dunkirk Lane, stated that the letter from the insurance company refers to the fact that they asked for pic- tures from her which they never received. She stated she had sent them. She doesn't feel they have fully Investigated the situation yet. Manager Willis stated this !s a difficult situation and It is not the City's desire to be placed In a position of being un- sympathetic to the loss of Mrs. Novy. However, the Council needs to keep in mind that the test Is whether the City is neg- ligent and, therefore, liable. There has to be limitations es- tabllshed for cities and the proof is that the City must, be negligent. The City's sanitary sewer lines are doslgned to take into eunslderation ground water tnflltration but they are not designed to handle sump pump discharge from Individual homes. The storm :ewer systam is desigoied to convey surface runoff away to mitigate ground water problems impacting upon the sanitary sewers. Councllmember Sisk stated he doesn't agree that the City and residents should be adversaries. Counellmember VasilloU agreed and added she doesn't believe a resident should have to sue the City to get reimbursed for damages. She stated the insurance company needs to learn how to work with residents. Councl.lmember Crain stated he was disappointed with the way the Insurance company handled this, but he doesn't see what the City can do to other than try to gel, better people skills from them In the future. PRONCT STATUS RLPOAT Item 8-0 WATER TREATMENT PLANT WELLS 8 AND 9 Item 8-D-1 1986 PARK IMPROVEMENT PROJECTS REPORT Item 8-0-2 STATUS OF CLAIM Item 8-E PAT NOVY eau All1 Ing V.- Ildvsaw n t 1! nr I Fy ' t II b Ebginehr QoldbRrg clarified that the question is one of sanitary sorer and not storax severe Co milmemiber Vasilio4 stated shit Is Willing to abide by the inoranee company's decision but stated again that they, mis- hWled the situation. o MOXIAN was made by Couneilmember Sim that the City hold discus- slons With Mrs. Navy to determine a settlement. Il Motiam failed for lack of a second. Councilmemiber Crain asked about a county -wide report on organi- zed collection. ID Dick Pouliot, Engiroering Department, stated the County is re- commending that cities go to organized collections. xl' I Manager Willis stated that the Issues of organized collection Mt be thoroughly analyzed and discussed before it is proposed as a viable P ^gram for the City. This would require changes In they ordinance. Continued urgtn.g of residents to use the curb- side pickup is necessary to meet the County's recommended goal of AN recycling of the waste stream,, He suggested a group made up of lire Pouliot and several Counclimembers be formed to review alternatives. Couneilm *ers Zitur and Crain offered to sorve. t MOTION was Gude by Councllmember Sisk, seconded by Councilmec- ber Zitur. to adopt RESOLUTION NO. 86-790 AUTHORIZING AGREEMENT WITH QUALITY GECISIONS, IKeo FOR PREPARATION OF SENIOR HOUSING MARKET ANALYSIS in an amount not to exceed $139000. Notion carried on A Ro.l Call vote, five ayes. The Council reviewed the 1986 year -and report on City staff ser- vice orientation. Manager Willis stated an attempt Is being made to include members of bargalning units in the informal ses- cions he's been holding with employees. Counclimembecs expres- sed satisfaction with proOMS made to date. Suggestions were made to conduct employee meetings for bargain'6Ag unit employees as wall as general City employees during 1987. The Councit reviewed the proposed meeting schedule for 1987. MAnager Willis suggested trying to keep the meeting schedule to Monday and Tuesday evenings. Manager Willis presented the Council with draft form letters which will be sent to residents who have public nuisances In the a, form of junk cars and rubblsh on their properties to gain eom- pliance with the ordinance. The Council concurred that the staff should initiate use of Section 2010 to enforce City Code. RECYCLING PROGRAM Item 8-f RESOLUTION N0. 86490 AUTHORU114G WSW SENIOR HOUSING ANALYSIS Item 8-c+ STAFF ORIENTATION REPORT Item 8-H 1987 COUNCIL MEETING CALENDAR Items H -I PJBL.IC NUISANCES Item H-9 Spwo Vinci ' *sting Ito v wber • 24v 1 R p the mating mUoutre6 at 11 a 1 S 6.s. 6 F, CIty Clerk ak