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Home My WebLink AboutCity Council Minutes 04-27-1987 SpecialS// M I N U T E S SPECIAL COUNCIL MEETING APRIL 279 1987 A special meeting of the Plymouth City Council was called to or- der by Mayor Schneider at 7:30 p.m. In the City Council Chambers of the City Center at 3400 Plymouth Boulevard on April 27, 1997. PRESENT: Mayor Schneider, Councllmembers Crain, Vasillou, titur, and Sisk, Manager Willis, Assistant Mdnager Boyles, Buildinq Official Ryan, Public Works Director Moore, Park Director Blank, City Attorney Thomson, and City Clerk Brdrrdt ABSENT: None PROCLAMATION Mayor Schnelder read d proeldmdtion decldrinq May ds Clean Up, Fix Up, Pdint Up, and Pldnttnq month In Plymouth rhe Mdyor read d prucldmdtion decldrinq the first week of Maw as Be Kind To Animals Week" PRLSEHTAT ION George Bowliri, Hennepin County Cummunity Health Department, showed slides drid described the services dnd programs they pro- vide to Plymouth residents. CONSENT AGENDA PROCI AMATIONS Items 4 A & R PRESENTATION Item S Mutton was mdde by Cuur:cltmember Sisk, seconded by CouiieLlmember CONSENT AGENDA ILtur, to adopt the consent dgenda ds presented. Item 6 Motlo11 carried on a Roll Call vote, five ayes. MINUTES MOTION was: mdde by Counellmember Sisk, seconded by Couricilmember ILtur, to approve the minutes of the Reqular Council meetlnq of April 20 as submitted. Mut i ori cdrr Led on a Ru l l Ca I L vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Manager Willis stated the Council discussed this at the forum before the last meeting. The petitioners were asked to respond Lo the City Attorney's request for Informatton which they have dories MINUTLS - REGULAR COUNCIL MEETING APRIL l0, 1987 Item 7• GAME FARM RE QUFS f Item 8-A April t7, 1987 Pdge 11 ) SdmueI VI!91111d, 16810 County Road 419 stdtrd they drr. dskinq for d one yedr extension to reluc.dte their °ox farm business. They cdnnot move the foxes for d couple months at this time of yedr herduse of the presetsee of pups which would be; enddngered. C Cuunc: i lme:mber Crdln asked why no dttempt hds he en made to move_ In the eight weeks since the police reported the presence of the gdme farm In early Mdreh. Mr. Virginia ditswered It was beeduse his house was riot up to par• f or sale.. Attorney Thomson stated that he contdcted representatives of the Minno-sotd Zoo deed the Oe:pdrtment of Ndturdl Resources dnd their opinion is undnimous thdt those animals are wild by ndttlre and riot dumeslcdLed drrd, therefore, violdte the City's ordinance. He pointed out thdt nobody is dskinq Mr. Virgitrla to sell his property, only comply with the ruoiLnq urdlrr,ner. Mdyor Schneider asked, if the City extended the timeframe, would Mr. Virylnid slyrl are ayreement to have the foxes removed by that date acrd allow City representatives to Inspect the premises without trot i.ev. Mr. Virgbild stdtrd he was advised by his attorney riot to allow Utrdnnoutteed inspec:LiunS but tie hay nu problem with the re:malrrder of such all ayreemeirt. Mdrrdyer Willis stdtrd that under r.xl st Lnq rude, City represerutd- t Lves are empowered to iruspec:t the site.. MOTION ods made by Councllmember VdSilloa, seconded by Council - member titer, that Mr. Vlrrlinl i he allowed to keeup the foxes on his property utrtLl September 1, 1947 subject to d wrLtteir dyree- ment drdfLed by the City Attorney. MOTION was mdcie• h} Mayor Schneider, seruruded by Counrllmember litur, to dmetrd thdt the .ryreemei%t would lrrdicdte that d repre- serutat Ive of Lhe City of Plymouth would oe allowed to wdik ori the: premises .it ally time to Inspect the fox c!agt!s without riot t - flcdtlon. Motion to amend Carried, five dyes. Mr. Vlrylnld indicated that he would prt.ter adclltiundl time if possible fur him to remove the foxes from the property and dls- curut Lrtue this activity in any form. MOTION ods mdde by Counoillmember Crain, seconded by Mayor Schrcelde.r, to chdnye the deadline date& Lo September 10, 19147. Mut ion to dmend rarrled, Lhrcoe ayes. Courrrl Imembers V.isl l Late and 11 tur voted rrdy, . pr Page 114 Councllmember VdsllLou Indicated that her no vote reflects her concern that Mr. Virginia has not made any demonstrable good faith effort to remove; the operation in the two months since he became formally dwdre that he was violating City ordinance. Attorney Thomson stated this will riot set a precedent for other game fdrms which may be found In the City. He suggested a con- dition to the dgreement stating that the City Is not watvtrrq its rights and that the dnLmdls are considered wild. He noted that any dgreement the City enters Into with Mr. Vtrgirrta will not bind the State nor any gdme farm license Mr. VLrgtnia will ob- tdin from the DNR. Councilmembers cldrifted for Mr. VLrgilrtd that this agreement is iron-extenddble. He stated he had no problem. Motion ds twice dmended carried, five dyes. MOTION wds made by Courrcilmember Sisk, seconded by Counel lmember RESOLUTION N0. 87-267 1ltur, to adopt RESOLUTION NO. 87-267 ACCEPTING BID, S. J. ACCEPTINU BIO GROVES OFFICE PARK, STREkT AND UTILITY IMPROVEMENTS, PROJECT PROJFCTS 648 do 704 NO. 6489 HIGHWAY 55/GOLDENROD LANE INTERSECT[ON IMPROVEMENTS, Item 8-8 PROJECT NO, 7049 MWCC SEWFR FORCEMAIN in the amount of 865,117.71 from Bury b Cdrl'.Jrr, [etc. of Mlnnedpolis. Mutluri edrried ori d Roll Call %tile, fives ayes. MOTION wds made by Councilmember Sisk, seconded by Counctlmem- RESOLUTION N0. 87-268 bear Zitur, to adopt RESOLUTION NO. 87-268 APPROVING CHANGE. ORDER CHANCE ORIDER N N0, 19 S. J. GROVLS OFFICE PARK, STREET AND UTILITY IMPROVE- S.J. GROVES OFF[CE PARK MENTS, PROJECT NO. 448 by deducting $138,454.00. PROJECT 648 Item 8-8 Mut 1011 carrted un d Roll Call vote, five dyes. Mdlydyrr Wlllts rrut.ed that this Item was deferred from the last DEEP WELLS A AND 9 Cujru:Ll meetilrg for further review of the bidding. It is rec:om- item 8-C mended that the bid be dwdrded to Richmdr on the base bid which is d differetrt recummelyddtlurr from tlidt which was before the Council previously. NOTION was made by Counc 1 tmember Z l tur, securrded by Counctlmem- RESOLUTION N0. 87- ber Sisk, 1.0 ddopt RLSOL, TION N0. 87- ACCEPTING BID, DEEP i WELLS N0, 8 AND 99 PUMP) 4G FAC[LIT[FS, PROJECT NO. 625 In the DEFP WELL 8 AND 9 amount of $246,260 from Richmdr 17uiistruction Company of Fridley. PROJECT 625 Item R -C Jeff Appe! ulst, attorney rel•resrrrtin(I A 6 K Construction, stdt- edt ey feel the Rlchmdr bid is nonresponsive becdr)se of the public policy obltgdtlon which the City has to follow Its ow11 sl)ecLfLcdtLons. They dree dryuing that the subcontractor for Rlchmar did not submit d ddtd sheet prior to bid #apenLng which the specs rCgjLre, if they are allowed to (let the bid without submittLlrg this data sheet, the City would he show[nq favurd- Ism. He asked thdt the cunt rdeL he dwdrded to A & K ds thet Lowest respoitr ive bidder rdther thdlr delay they protect. L Apr ' 1 2.79 1987 Page 115 Director Moore stated the data the day after the bid opening. sheet in question Nas supplted Attorney Thomson agreed with Mr. Appelquist that the courts hold that d city is bound by Its specifications, but the Issue is whether or not the supplying of the data sheet had to be before the bid opening. He believes this Is an irregularity that the Council could waive. The courts have held that on timing of the sheets, this Is an irregularity that can be waived to the award and this Is a distinction which the Council should consider; however, d restraining order could slow up the process. Manager Willis stated that well 8 could be In production with d temporary motor regardless of what action the Council takes on the bid. Jim Olson, consultant with Bonestroo, Rosene, Anderlik, stated Re conLrdCt under question Includes the teipporary pump. Shoeild there be any delay lee the implementation of the contract, he would recommend that the tempordry pump be handled separately. John Aderman, A do K Cotestruction, stated temporary fdCL1LLLes would be expensive, approximately $5,000-510,000 per month. Mayor Schneider stdt.ed Lhe City could negotiate for d temporary hook up now, reject the bids, dyed rebid Lhe project. Attorney Thomson stated that, if the City awards Lhe contract tonight. the contract is binding. If the court Issues a re- strdlretng order, it cdrereot restrain It from something It has al- ready dune, urely keep the City from dotny more. SUBSTITUTE MOTION was mdde by Counctlmember Crdln, seconded by Counc[lmermber ZLtur, to adopt RLSOLUTION NO. 87-269 W-JtCTING ALL BIDS. Mr. Olson pointed out that there is some cuordtildtlon diffl- culties with a tempurdry well ire that there would be two con- tractors who would hdve to work around .bdc:h other. He would prefer to award the conlyde:t on the base bid. Hey added that It Is quite commwi for ddt.d sheets to be submitted late in this klred of blddirig. From des engineering standpoint, the fdi lure of hdv tng the ddtd sheet did riot make any difference he Cd%1Se the LrefurmdLlore was available from other Sources. He quessei thdt this happens about 35-45% of the time. CouneL lmember Cralre stated he would dlso t Ikea to see ones con- tractor, however, a major corice.rn is ge•.ttirrq the well up dnd work Lirg arid, if the contract 15 awarded to either CI)Mpa ey to- n1ghL, Lhe City would be tied up to thy, otilirts. Mut line carried un d Rolt. Call %utel t ive RESOLUTION NO. 87-269 E E. item 8-C April 279 1987 Page 116 MOTION was made by Councilmember Crain, seconded by Councilmen- ber Sisk, that the plans be revised to Ielete the temporary pump for well R and to delete the watermdin connecting the pump and submit the revised plans for rebidding. Motion edrrled, five ayes. Councilmember Sisk asked that the: staff provide a report for the next informdtlon memo indicating what happened here and how do we assure It dues not happen again. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to direct staff, with the consultants, to nequtiate acrd receive quotations for a temporary pump for well 8 and In - eluding what watermain work may be necessary. Motion carried, five eyes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Manager Willis pulrtted out that these board acrd commission mew- bers spend d great deal of their time, acrd this would be a appro- priate medtts of recuyrrizlriq them. He recommended do amendment to I.8.2 of the draft. MOTION was made: by CuuttelLinember Crain, seconded by Councilmem- ber Sisk, to accept and endorse the recommendation of the Employee Sugyestiott Committee:, as amended, ort the formation of d volunteer recognition program, Mutiun carried, five dyes. The Cutinctl reviewe=d the status Of various projects uoiderway In the City. Cuuttellmember Crain asked staff to contact the County requesting them to inform school districts of the Jurt, 1 clos- Ing of C.H. 9 so they cart reroute their buses. He also asked thdt signs rtutifying drivers of the upcomlny CIOslnq be put tip two we=eks prior to the closing. MUT ION was made by Mayor Schneider, seconded by Councilmember Litur, directitty staff to order the cable ride play equipment. for the COtutty Rudd 61 park slnc:e tt0 objections have been received from area residents following written notification from the. City. MOtiO11 Cdrr Led, five dyes. Mdttdyer Willis stated there hds beeil an dmettdmetit made to the House omnibus tax bill which would delete the proposed s.eles tdx Ott governmental units, would reduce LCA distribution by 1.6% arress the t - •+-•a with another 1.6% next year, dnd it throws out Formu a, freezes the homestead credits let 19989 and re- c r.c•ts I y 1 tilt increases to 1% On the c=urrent b.tst' with no NOpulatL01+ yr. th fdctur. VOLUNTEER RECOGNITION PROGRAM tem 9-4 PROSECT STATUS REPORT Item 9-B C . R . 61 NF_ [ GHBORHOOtI PARK C ABL F RIDE Item 9-C LFGISLAT IVE UPDATE Item 9-D P -4r• L l 27, 1987 N.sge 117 Manager Wlllis stated two cities were looked ac. v-&11@-. ARCHIrE,'TURAL CONTROL:,) and Eden Prairie. Golden Valley has a board which reviews the 'tem 9- architecture while Eden Prairie reviews the materials belno used. He recommended that the appropriate body to deal with this would be the Planning Commission as the advisory board to the Council. Mayor Schneider noted that the Planning Commission has already voted 2 to 4 not to discuss this concept. Councllmember Sisk stated the Planning Commission has voted not to study the issue. He suggested the City Lake a clear look at the language to be used. CounclLmember VasLLLou stated she would like more emphasis on resLdential stordye areas than In pursuing this. DLseusslurt continued ort compatabilLty of buildings, how to set design standards, and other cities which are doLrtg this. Dennis Zlla, Planning Commission member, stated he was repre- senting h s ideas, not those of the Planning Commission, on this Item. He has been having a problem with plans belnq presented Lo the Commisslort which were not specific as to the materials which would be used; they simply gave the buLlrer his choice which could potentially create a problem with other ;%uL1-11i-gs In the arra, especially when It abuts a residenti,:l area. Ht stat- ed he gets curtcerrted with people who attempt only to meet the mirtlmum standards. He would Like these minimum standards raised or ask developers to do more. He would like colored sketches with all applications. CouncLlmember Crain stated he believes it Is appropriate to pay more dtterttlon tet the architecture's external, materials, and yeneral appearance of the building. He believes Increased dlterttLurt should be paid to these aspects. Mayor Schneider agreed but stated he would like It brought to the attertt ion of the developers right away If a chartgP is made. MOTION was made by Mayor Schneider, seconded by Councllmember Sisk, to form d task force made up of a commercial/industrial developer of modest site, a cummereLdL/Industrial developer of Large sire, d pro Planning Commisslort member, a con Planning Commissl•in member, a retail developer, artd a staff member w1th a recumnrtoiatLon to the Pldnnirty Commission and CounrL L. HOL Lon carried, five dyes. CourteLLmember VasILLou stated she wuuLd like to see some sort of sequence of events as to at what time the City Attorney becomes l volved In d case, files d suit on behalf of the City, makes do uffts or accepts all offer ort behdlf of the City, and how the attorney knows that the City's pusl 'on will be. QUARTERLY REPORT PENDING CIVIL LLTIGATION Item 9-F April 27, 1967 Page 118 Manager W M is stated he, the attorney, and appropriate staff member discuss all settlement proposals on special assessments and constriction Issues before any tentative settlement is agreed to. If the Council desires, dll these items could be brought to the Council before any settlement is reached. The Attorney stated he makes recommendations. In 90% of the cases the Council Is advised of the proposed set'.lement before It Is offered. In the remaining 10%, because of the constraints of the court system, it is sometimes necessary to develop settlements on an Immediate hdsls. CouncLimember VdSILlou questioned the procedure the attorney and staff are using to get the information to the Council. Attorney Thomson stated thn quarterly report was Initiated to inform the Council .on where llttgatlon stands. 14ormally they Let the Mdndger know when d edSe is settled or d rulkq Is made Which slgitLf ledntly affects a case and then summarize their oii d quarterly basis. Cuuncilmember VdSILiou reported thdt the H'.torLCdl Society will be open for tags o.; the, third Sunday of Tach month from 7-5:00 p.m. during the summer months. MOILON was made by Mayor Schneider, seconded by Ccrune.11member tLtur, to bitervLeW all seven cdicidlddtes ft thc; Pldnninq Com- mission VdCdelcy un May 14. Mutiuit c,drried, four dyes. Councllmember Vdslliou voted nay. The meeting adjourned dt 11:10 p.m. 0 COUNCIL COORDINATING REPRESF"NTATIVE REPORTS Ttem 9-G