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Home My WebLink AboutCity Council Minutes 04-17-1989MINUTES REGULAR COUNCIL. MEETING April 17, 1989 A regular meeting of the Plymouth City ^Wncii was called to order by Mayor Schneider at 7:30 p.m. in the Council Chambers of the City Center at 3400 Plymoutt Boulevard on April 17, 1989. PRESENT: Mayor Schneider, Councilmembers Ricker, Sisk, Vasiliou. titur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Conm;nity Development Coordinator Dillerud, Park Director Blank, Finance Director Hahn, Public Safety Director Carlquist, Attorney Thomson, and Clerk Rauenhorst Presentation Director Carlquist announced that three police reserves have completed the 10 -week auxiliary police school. Mayor Schneider introduced the presented badges and ID cards to Martin, Greg Rutherford, and Rick Consent Agenda four current reserves and the three new reserves - Stacy Aultman. MOTION was made by Councilmember Sisk, seconded by Councilmember titur, to adopt the Consent Agenda. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Sisk, seconded by Councilmemher iitur, to approve the minutes of the April 3 Regular Council Meeting. Motion carried on a Roll Call vote, five ayes. Police Report Item 4 Consent Item 5 Minutes Item *6 Reserve Stags Aqenda Regular Council Meeting April 17, 1989 Page 97 PETITIONS, REQUESTS, AND COMMUNICATIONS MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 89-195 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR PLYMOUTH MEADOWS ADDITION FOR DAVID DAHL (88112). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmenfier Sisk, seconded by Councilmember Zittir, to adopt RESOLUTION NO. 89-196 SETTING CONDITIONS TO BE MFT PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PLYMOUTH MEADOWS ADDITION FOR DAVID DAHL (88112). Motion carried on a Roll Call vote, five ayes. Mayor Schneider noted that the petitioner has returned the Development Contract unexecuted for "Boulder Ridge" (88124) with a letter of explanation. Director Moore stated that staff has reached agreement with the developer on two items resulting in revisions to the Development Contract, however, the item concerning issuance of a building permit before the vacatlon of the existing ponding easement is not yet resolved. Greg Frank requested that the Council consider of building permits for those lots encumbered easement If the developer agrees to assume all the easement vacation Is not approved* allowing issuance by the existing risk In the event Mayor Schneider verified for Mr. Frank that the public hearing for vacation of the ponding easement is scheduled for May 15. Attorney Thomson recommended that if the Council allows issuance of building permits, it be conditioned on the developer agreeing to hold harmless and indemnify the City from any liability arising out of the issuance of the building permit and to accept all risk associated with the issuance of the building permit in the event that the drainage easement is not vacated. Councilmember Sisk stated that there have been several recent Instances where the Council has considered Development Contracts that have been returned to the City unexecuted. Manager Willis stated that if the developer returns the contract with an explanation, and it cannot be resolved with staff, the developer is given the opportunity to be heard by the Council with respect to the particular clauses that are of concern. RESOLUTION N0. 89-195 DAVID DAHL, APPROVING FINAL PLAT FOR PLYMOUTH MEADOWS 88112) Item »7-A RESOLUTION N0. 89-196 SETTING CONDITIONS TG BE MET PRIOR TO FILING 88112) Item *7-A Hillsborough Manor/ Boulder Ridge (88124) Item 7-8 Regular Council Meeting April 17, 1989 Page 98 MOTION was made by Councilmember Ricker, seconded by Councilmcmber Zitur, to adopt RESOLUTION N0. 89-197 APPROVING RPUD FINAL PLAT/SITE PLAN AND DEVELOPMENT CONTRACT FOR HILLSBOROUGH MANOR, INC. FOR BOULDER RIDGE (RPUD 80-2) (88124)9 incluotng revisions to the contract outlined by Director Moore, and to allow issuance of building permits conditioned on the developer agreeing, in a manner approved by the City Attorney, to hold harmless and indemnify the City from any liability arising out of the issuance of the building permit and to accept all risk associated with the issuance of the building permit in the event that the drainage easement is not vacated. Motion carried on a Roll Call vote, tive ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RES(.LUTION NG. 89-198 SETTING CONDITIONS TO BE MET PRIOR TO FILING RPUD FINAL PLAT/SITE PLAN FOR HILLSBOROUGH MANOR, INC. FOR BOULDER RIDGE (RPUD 80-2) (88124). Motion carried on a Moll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 89-199 ADOPTING ASSESSMENTS, PROJECT N0. 933, SANITARY SEWER AND WATE'RHAIN AREA - BOULDER RIDGE ADDITION. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Iltur, to adopt RESOLUTION NO. PRIME WEST BUSINESS PARK STH CORPORATION (89012). Sisk, seconded by Councilmember 89-200 APPROVING FINAL PLAT FOR ADDITION FOR PRIME DEVELOPMENT Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Council+nember titur, to adopt RESOLUTION NO. 89-201 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO iFINAL PLAT FOR PRIME WEST BUSINESS PARK STH ADDITION FOR PRIME DEVELOPMENT CORPORATION 89012). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 89-202 AUTI4ORIZING REGUCTION OF SITE PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION FOR AMERIDATA 87005). 0 Motion carried on a Holl Call vote, five ayes. RESOLUTION 00. 89-197 LLSB BOULDER RIDGE, PND FINAL PLAN/FINAL PLAT 88124) Item 7-B RESOLUTION N0. 89-198 SETTING coNOITTOWTo BE MET PRIOR TO FILING 88124) Item 7-B RESOLUTION N0. 89-199 ADOPTING ASSESSMENTS, BOULDER RIDGE ADDITION PROJECT N0. 933 Item 7-B RESOLUTION N0. 89-200 RMS DEVEL NTI PRIME WEST BUSINESS PARK, FINAL PLAT 89012) Item *7-C RESOLUTION N0. 89-201 SETTING CONDITIONS TO BE MET PRIOR TO FILING 89012 ) Item *7 C RESOLUTION N0. 89-202 FINANCIAL GUARANTEE REDUCTION FOR AMERIUATA (87005 Item *7-0-1 Regular Council Meeting April 17, 1989 Page 99 NOTION was made by Councilmember Zitur, to adopt RESOLUTION NO. SITE PERFORNAFCE GUARANTEE FOR 8CO68). Sisk, ueco:ded by Councilmember 89-203 AUTHORIZING REDUCTION OF D.J. INVESTMENT FOR LOLORHOUSE Motion carried on a Roll Call vote, fio.e ayes. NOTION was made by Councilmember S10, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-2C4 REDUCING DEVELOPMENT BOND, WILD WINGS 2ND ADDITION (88046). Motion car7led on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-205 REDUCING DEVELOPMENT BOND, WILLOW HAVEN NORTH ADDITION ;66033)* Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 89-206 REIMBURSING DEVELOPER FOR REQUIRED WATERMAIN CONSTRUCTION WILD WINGS 2ND ADDITTOtj !88046). Mo:ion carriea on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, Iltur, to adopt RESOLUTION NO. 89-207 ENGINEERING SERVICES FINAL DESIGN HILAWAY 101 NATER TOWER, CITY PROJECT seconded by Councilmember AUTHORIZING AGREEMENT FOR AND CONSTRUCTION PLANS, N0. 906. Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Counctimember Zitur, to adopt RESOLUTION NO. 89-208 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1969 STREET IMPROVEMENT PR03ECTO Motion carried on a Roll Call vote, five ayes. NOTION was made by Councllmember Vasiliou, seconded by Councilmember Ricker, to adopt RESOLUTION N0. 89-209 REQUEST FOR PAYMENf N0. S AND FINAL, BASS LAKE PLAZA/HARRISON HILLS UTILITY IMPROVEMENTS, PROJECT N0. 011 AND 630. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-210 AUTHORIZING REQUEST FOR obPArMENT NO. 20, PROJECT N0. 431, ZACHARY LANE WATCH TNFATMEN1 PLi%NT. Nation carried on a Roll Call rote, five ayes. RESOLUTION N0. 89-203 FINANCIAL A REDUCTION FOR D.O. INVESTMENT FOR COLORHOUSE (88068) Item *7-0-2 RESOLUTION NO. 89-204 REDUCING DEVEL&RENT BOND FOR WILD WINGS 2ND .f4DDITION (88046) Item *7-E-1 RESOLUTION N0. 89-205 Rt NG DEVELMATW BOND, WILLOW HAVEN NORTH ADDITION (86033) Item *7-E-2 RESOLUTION N0. 89-206 ftEIMUURSINCRVL H FOR WATERMAIN IN WILD WINGS 2ND ADDITION 88046) Item *7-F RESOLUTION N0. 89-07 AUTHORIZING AGREEMENT FOR C.R. 101 WATER TOWEh, PROJECT 906 Item *7-G RESOLUTIO0 N0. 89-208 ASR N SSM fi— ADVERTISE FOR BIDS 1989 STREET IMP. PROD. Item *i -H RESOLUTION N0. 89-209 REWESt rOR PAYMENT AND FINAL, BASS LAKE PLAIA/HARRISON 11ILLS PROJECT 011/630 Item 7-I-1 RESOLUTION N0. 89-210 AFOUEST FOR PAVMENT WATER TREATMENT PLANT PROJECT 431 Item *7-I 2 Regular Council Nesting April 17, 1989 Page 100 MOTION was made by Couneilmem6er Sisk, seconded by Councilmember RESOLUTION N0. 8_9-_1_1 Zitur, to adopt RESOLUTION NO. 89-211 APPROVING CHArK'E ORDER CHANGE ORDER N0. 6 NO. 8, ZACHARY LANE WATER TREATME`iT PLANT, CITY PROJECT NO. 431. WATER TREATMEN! PLANT PROJECT 431 Motion carried on a Roll Call vote, five ayes. Item •7-3 MOTION was made by Councilmember Tisk, seconded by Councilmember RESOLUTION N09 89-212 Zitur, to adopt RESOLUTION N0. 89••212 REQUESTING HENNE.PIN COUNTY REST NG HI=NNEPIN DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED STUDIES, COUNTY COUNTY TO 00 SPEED ROAD 47 - CO. RD. 10 TO VICKSBURG LANE. STUDY ON C.R. 47 FROM C.R. 10 YO VICKSBURG Notion carried on a Roll Call vote, five ayes. Item *7-K MOTION was made by Council ember Sisk, seconded by Councilmember RESOLUTION NO. 89-213 Zitur, to adopt RESOLUTION N0. 89-213 ORDERING PUBLIC HEARING ON O9 PWLTC— THE PROPOSED VACATION OF DRAINAGE EASEMENT FOR PONDING PURPOSES HEARING Ok VACATION GF OUTLOT 89 HARRISON HILLS 2ND ADDITION. PONDING EASEMENT, HARRISON :TILLS 2ND Motion carried on a Roll Call vote, five ayes. ADON. Item *7-L MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-214 itur, to adopt RESOLUTION N0. 89-;!14 ORDERING PUBLIC HEARING ON ORDERING UBLIC HWHEPROPOSEDVACATIONOFDRAINAGEANDUTILITYEASEMENT, LOT 59 ING ON VACATION OF BLOCK It PLYMOUTH FREEWAY CENTER AUDITION. DRAINAGE/UTILITY EASENENT, PLYMOUTH Motion carried on a Roll Call voter five ayes. FREEWAY CENTER Item *7-M NOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-215 Zitur, to adopt RESOLU1I3H NO. 49-215 ADEFTING ASSESSMENTS, ADOPTING A EH f , PROJECT N0. 934, SANITARY SEWER AN-) WATERK41N LATERAL AND WATER PROJECT N0. 934 AREA, LOT 2, BLOCK 5 - PARCEL A. Item *7-N Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-216 Zitur, to adopt RESOLUTION N0. 89-21.6 UECI.ARING ADEQUACY OF RECEIVE PETITION A PETITION AND ORDERING PREPARATION (IF RIFORT, STREET LIGHTING - ORDER REPORT, STREET TYRELL NINTH ADOITION. LIGHTING - TYRELL 9TH ADDITION Motion carried on a Roll Call vote, five ayes. Item *7-G-1 MOTION was made by Councilmember S14k, seconded by Councilmember RESOLUTJON N0. 89-217 Zitur, to adopt RESOLUTION NO. 89-217 RECEIVING REPORT AND RECEIVE REPORT AND ORDERING PROJECT - STREET LIGHTING TYRELL NINTH ADDITION. ORDER STREET LIGHTING 1MPROVEMENTS Motion carried on a Roll Call vote, five ayes. TYRELL 9TH ADDITION 0 Item *7-0-1 Regular Council Meeting April 17, 1989 Page. 101 NOTION was made by Councilmember Sisk, seconded bit Councilmember Zitur, to adopt RESOLUTION NO. 89-218 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - DEERWOOD TRAILS ADDITION. Notion carried on a Roll Call vote, five a?yes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-219 RECEIVING REPORT AN[J ORDERING PR03ECT - STREET LIGHTING DEERWOOD TRAILS ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt ORDNANCE NO. 89-11 RELATING TO PUBLIC SAFETY AND AME140ING SECTION 2010 OF THE PLYMOUTH CITY CODE, amendments to the nuisance ordinance. Motion carried on a Roll Call vote, five ayes. Councilmember Vasillou questioned the proposed use of the Hennepin County Workhouse Supte site if acquired by the City. Manager Tullis stated that no active development is anticipated for the stte which will be tncorporated as part of the Parkers Lake Park and playfield. the existing struct,ire is proposed to he removed, the septic system closed, and any existing wells capped - all as soon as possible. MOTION wa-, made by Councilmember -''tur, seconded by Councilmember Ricker, to adept RESOLUTION 140. 89-22.0 AUTHORIZING THE ACQUISITION OF SUPERINTENDENT'S HOME AT THE HENNEPIN COUNTY ADULT CORRECTIONS FACILITY. Motion carried on a Roll Call vote, four ayes, Vaslliou nay. M01ION was made by Coun:llmember "asillou, seconded by Councilmember Zltu:-, to adopt RESOLUTION NO. 89-221 AWARDING CONTRACT FOR PLYMOUTu CREEK PARKING LOT IMPROVEMENTS. Motion carried on a Roll Call vote, five ayes. NOTIG44 was made by Councilmember St:.k, seconded by C.)unclIrlember Zitur, to -idopt NESOLWION 89-222 APPPOY.'NG DISnURSEhL'NTi FOR 1HE P17RIOD ENDING MARCH 31s 1989. Motton carrion on a Rall Call vote, five ayes. 0 RESOLUTION N0. 89-218 RECEIVE PETITTON AND ORDER REPORT, STREET LIGHTING - DEEPWOOD TRAILS ADDITION Item 07-0-2 RESOLUTION We 8:)-219 RECEIVE REPMT a+F"' ORDER STREET LIGHTING IMPROVEMENTS DEERWOOD TRAILS ADON. Item •7-0-2 ORDINANCE NO. 89-11 W --.NO -N S 70 NUISANCE ORDINANCE Item •7-P RESOLUTION N0. 89-220 ACQUISITxON OF HENNEPIN COUNTY WORK40USE SUPT, SITE Item 7-Q RFSOLUTION N0. 99-22.1 AWAROVE" PTG FOR PLYMOUTA CHEF -K PhIK PARXING LOT IWROVE- MENTS, ^ROJEC'i i10 Item 7-R RESOLU1I014 N0. 89-222 APPROVING 'DTMZV- MENTS -OR PERIOD ENDING 3-31-89 Item "7-S Regular Council Meeting April 17, 1989 Page 102 Manager Willis summarized the report on adult entertaineent0 bookstore ordinances and stated that given the type of Gllsiness, It may be premature to adopt detatled regulations. It may be• advisable to wait L -all a proposed activity comes oefore thu Council so that the Council can respond to all concerns related to the spec Uic proposed activity. Councilmember Sisk questioned whether it may be better to be proactive rather than reactive ane! suggested that an ordinance should be in place. Mayor Schneider noted the constitutional issues and that the ordinance Mould need to treat similar businesses equally. An existir I gr%w.ery or drug store could begin selling items of a similar nature to those sold by an adult bookstore. Attorney Thomson concurred with they staff memo that, as a matter of policy, the Co•mcll should decide what it wishes to regulate, as well as how it wishes to have it rec_ulated. He stated that this is a difficult area to regulate. Attorney Thomson stated that if a request comes to the Council for an adult bookstore and the Counct' has not yet regulated the use, it would have statutory authority to study the issu^ prior to approval. Councilmember Sisk expressed concern that a business aojld possibly start o0eration prior to the Council being aware of the use and adopting an ordinance regulating the business. He stated that a more proactive statement may be bettor, and the Council can then react to a particular proposed use tLrough thet conditional use permit. NOTION was made by Councilmember Ricker, seconded by Couo%ciimember titur, to defer this issue t o a study session at 5:00 p.m. on May 8. Motion carried, five ayes. Director Ftahn reviewed the first quarte, 1989 Financial Reports. The financial etatus of all City funds compare favorably to budget and to the :•arae period a year ago. CoincIlmember Ricker reportod on an a.te;rnate method of reading water meters. Staff was directed to investigate and check other communities for arse of alternative systems. Director Moore reported on resolution to the problem with the location of the electric meter at Fire Station III. In response: ISto a question by Counellmember Vaslliou, he stated that the meter was incorrectly shown on the inside of the building In the plans, and the architect apparently missed it. Repc•rt on Adult Bookstore Ordinance Item S. -A First Quarter 1989 Financial Report Item 8-B Project. States Report Item 8--C 40 Regular Council kmting April 17, 1999 Page 103 NOTION was made by Councilme+eber Vasillou, seconded by Councilmember Zitt;v., to request a vrsponse from the architect on the issue, including the reason it was not corrected earlier. Notion earned, five ayes. The Cotmcil received the quarterly status report on pending civil litigation. Attorney Thomson explained the quick -take eminent domain process to used in the County Road 6 project. He stated that effected residents will receive notice of the Intended action and hearing. Councilmember Vauiliou presented a letter received from residents of Oakwood Shores II regarding street sweeping and the City's lack of enforcing the erosion control policy. Director Mookv stated that this situation was the developer's responsibility. When the staff received the complaint, the developer was given notice and the work was accomplished. The proposal to have the Dial -a -Ride velitcle pick up 0 Councilmembers for the May 1 meeting will be delayed to a future meeting. Councilmember Vasiliou stated that she forwarded the results of the traffic enforcement detail to residents of the 413t Avenue North area south of Rockford Road. Councilmember Vasiliou noted articles regarding other cities' sprinkling restrictions. Staff will Contact the media to request an article on Plymouth's rebstrictians. Councilmember Vasiliou stated that the human service agency reports are very general and do not translate specifically to the )enefits to Plymouth residents. Councilmembeo Zitur stated that there is a benefit but agreed that the agencies should provide the City with that inVormation. MUTION eras made by Councilmember Zitur, Seconded by Councilmember Vasiliou, that prior to budget consideration, information be obtained regarding the benefits to Plymouth residents, as well as salary and overhead costs of the program administrators. Motion carried, five ayes. Quarterly Status Report - Pending Civil litigation Item S -E Street Sweeping Complaint Dial -a -Ride Service Results of Traffic Detail Water Restrictions Human Service Agencies i 0 Regular Council Meeting April 17, 1989 Page 104 Councilmft*er Vasillou shared an editorial in the Plymouth Post which included the difficulties a reporter has to endure. She stated that she continues to be concered that the official City newspaper Is not present at the City Council meetings. Couneilmember Zitur reported on witnessing a deer -vehicle collision on County Road 9 betweex: Larch Lane and County Road 61. Councilmember &itur stated that he attended an event at the best Medicine Lake Comwunity Club and that it was very well policed. Councllmember Zitur stated his concern of thr amount of dog droppings along County Road 61 trail. CouneAtmembers noted receiving an increased number of complaints. Councilmembee Vasiliou stated that increased enforcement must be a.:•*.cssed. Manager Willis noted the difficulty in enthrcinq a "poopes scoopev" or plastic bag ordinance, such iu In the City of Minneapolis. The Council will consider the agreement at a study session at 7:00 MOTION was made by Schneider, that the study session: Whi throughout the metro is the longevity of ralary in the range? 1989 in each city? W City Manager's p.m. on May 1. Councilmember Ricker, seconded Plymouth Post Editorial Deer -Vehicle Accident West Medicine Lake Conor u:ity Club Digs 1ity Manager employment Employment Agreement by Mayor following information be prep.:ad for the is the salary range of city managers area in cities similar in population? What each manager? Where 15 each manager's What percent increase his been budgeted in hat is the 1989 governor's salary? Motion carried, five ayes. The meeting was adjourned at 9:02 p.m. ity Clerk