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HomeMy WebLinkAboutCity Council Minutes 10-02-1989MINUTES REGULAR COUNCIL MEETING Octoher 2, 1989 The regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. In the Council Chambers of the City Center at 3400 Plymouth Boulevard on October 2, 1989. PRESENT: Mayor Schneider, Councilnrmbers Ricker, Sisk, Vasillou, titur AB'SEN1: None STAFF PRESF.N1i City Manager !Allis, As4istant Manage; Boyles, Public Works Director Moore, Com wnity Development Director Tremere, Finance Director Hahn, Public Safety Director Carlquist, City Attorney Ihnmson, and City Clerk Rauenhorst PRE'SEH TAT ION Mike Trossen, Trossen Wright Architects, presented the results of the analysis sf Fire Station No. 1 for renovation/expansion of the existing structure or a new facility. He reviewed the Program of Needs which was established through meetings w!th public safety personnel and described the existing facility. The existing apparatus room is too narrow for current vehicle standards. The estimated cost of renovatinq /remodel inq the existing factiity is $700,000. The estimated cost of ratinq the existing facility and constructing a new one is S855,000. Mr. Trossen stated that the $155,000 cost difference is not significant given that the new facility would be more state-of- the-art and consistent in quality with Fire Stations II and III. Councilmember Sisk asked if all three stations i.eeded to be similar in facilities. Public Safety Director Cariquist stated it is not necessary that the stations are identical; however, they will have many things In common. Fer example, each station will aced meeting rooms, office space, and an apparatusibay area. He stated there are currently 60 paid volunteer fire fighters and described the meeting room areas currently available at Stations II and III. Councllmember Sisk suggested that perhaps meeting rooms could be shared between stations. Director Carlquist stated each station needs its own meettnq space but the new facility option for Station No. I proposes multi -functional rooms rather than separate areas for offices, kitchen, meeting rooms, sleeping areas for xtandhy periods, etc. r F ire Item Station 4-A Regular Council Meeting October 2, 1989 Page 265 Counctimember Ricker stated that when the Council toured Station I approximately a year ago he was assured by the fire Chief that the existing bay areas were adequate. Mr. Trossen stated the on-site maneuvering of the larqer equipment could be significantly improved. Manager Willis stated the number of bays is proposed to remain the same. The dimensions of the bays will be enlarged to permit easier equipment maneuvering and work space around the existing vehicles. Councilmember Ricker questioned whether one shower stall for women, as compared to four stalls for men, is sufficient for the future of the department. Manager Willis stated these types of items will be considered during the design phase. He also noted that the site is somewhat constrained and variances will like!v be needed with either the renovation or new construction option. M• 'sssen concluded that renovation of the existing facility done but the result would be less than Ideal. He stated c -instruction of a new building would be money well spent. eCouncilmember Ricker asked if certain items could be cut from the renovation option. Mr. Trossen responded that none of the items could be deleted entirely. The pricing estimates were established usinq medium quality standards. In response to a question by rouncilmember Vasiliou, Mr. Trossen stated he is confident the 15% contingency estimates will be sufficif A to cover unexpected costs under either option. Councilmember Vasiliou asked if the proposal for Station I and the existing Stations II and III would be inadequate in the ruture if it were necessary to change to a full-time department. Director Carlquist predicted that reconstructed Station I will adequately accommodate the City for at least 5-10 years. Even It the department was changed to full-time in the future, he Jues not :support shifts of 24 hours as many departments operate. Nei would support 8-1.our shifts which the current facilities could accommodate. 0 Requiar Council Meetlny October 2, 1989 age 266 is NOTION was made by Councilmember Ricker, seconded by Counctlmember Zltur, to adopt RESOLUTION NO. 8:-591 AUTHORIZING PLANNING FOR THE CONSTRUCTION OF A REPLACEMENT FACILITY FOR FIRE STATION I ON THE FIRE STAITON I SITE UTILIZING Tlit. SERVICtvS OF TROSSEN WRIGHT & ASSOCIATES ARCHITECTS. Councl lmember Sisk stated the l i needs to have opportunities to input Into tt.e: process before architecture) drawings are completed. Councilmember Vastf.au stated It Is appropriate for the Public Safety Director and Fire Chief to determine what IA needed In a new facility. Maleager WL' Ills stated the next step In the pre,,•ess will be the concept ptin phase. Motion carried on a Roll Call vote, five ayes. CONSENT AGENDA Items 8-9 (Interim ordinance for moratortum) and S -R (CDNG Funding for Runaway Youth Program) ,sere, removed from the Consent is Agenda. MOTION was made by Councllmember Zttur, seconded by Councllme;mber Sisk, to adopt the Consent Ailenda as amended. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember V tur, seconded by Counc i lmember Sisk, to approve the mintites of the September 25, 1989 Council meeting. Motion carried on a Roll Call vote, five ayes. PUBLIC Ht kR INCS Mayor Schneider opened a puhlic heartnq at 803 p.m. on 1989 delinquent crater, sewer and street t lght lnq or annual j' reaet lighting for unimproved parcels. Kay W. Brown stated he owns rental property at 13940 36th Avenue North. His tosnants vacated the property and diel not pay the utility bills. He stated that he as the owner should not he responsible for these bills, particularly since the City diel atot notify him of the delinquent hills until the hearing or RFSOLU110N N0, 89-591 AUTHORIZING PLANNI FOR CONSTRUCTION nF A RFPLACEMENT F IRF STATION NO, I Item 4-4 Consent Agenda Item 5 Minutes Item •6 Assessment FINarino on 19A9 Ile I 1 nquen t Uttlltles Item 7-,%-1 Regular Council Meeting October 2, 1989 Page 267 discontinue service to the tenants. He stated the would not tell him when the tenants moved out whether a delinquent bill. City staff there wtls Attorney Thomson stated the law Is clear that the property orner has the ultimate responsibility for payment of utility bills against a parcel and unpaid bilis may be assesses+ by the City against the property. Manager Willis explained It is the City policy to annually notify property owners of a public hearing and assess for delinquent utility bills. The City does not discontinue utility service because collection through a special assessment is allowed by state law. Mayor Schneider stated it is an option to have the utility bill mailed to the owner rather the tenant. Counctimember Ricker stated others have problem; however, most landlords are aware uttllty bills are paid before returning ellaf:ts. He asked the Finance Director dellnquen,y rate has increased. experienced the same of the law and ensure security deposits to If the City's utility Finance Director HAhn stated the percentage of delinquent utility bills remains constant. No one else appeared for the hearing. The hearing was closed at 8:35 p.m. MOTION was made by Councilmember Sisk, seconded by Cnuncttmember Ricker, to adopt RESOLUTION N0. 89.592 ADOPTING ASSESSMENT 1989 DELINQUENT WATER, SEWER, STREET LIGHTING OR ANNUAL STREET LIGHTING. Motion carrtea on a Roll Call vote, five ayes. Mayor Schneider opened a hearinq at 8:36 p.m. on 1989 weed eradication and destruction* w one appeared and the hearinq was closed at 8:36 p.m. NOIION was made by Councilmember Ricker, seconded by Councilmember tltur, to adopt KSOLUTION N0. 89-593 ADOPTING ASSLSSMENT, 1989 WLED ERADICATION AND DESTRUCTION, ROLLS 1 AND 2. Motion carr:ed on a Roll Call vote, five ayes. Mayor Schneider opened a hearing at 9:37 p.m. on vacattun of drainaye and utility easement alone the north propo,rty liae of bLot 11, Block 4, Parker, Lakeside Second Addition. No one appeared and the hearing was closed at 8:37 p.m. RESOLUTION NO. R9-592 1999 DELINQUENT UTTLITIES Item 7-A-1 RESOLUTION NO. 89-593 1989 WEEf) FRADICATION Item 7-A-2 Regular Council Meeting October 2, 1989 Page 268 MOTION was made by Councilmember Sisk, seconded by Counellmember Ricker, to adopt RESOLUTION N0. 89-594 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENT, LOT 11 BLOCK 4 PARKERS LAKESIDE SECOND ADDITION. Notion carried on a Roll Call vote, five %yes. MOTION was made by Counellmember Sisk, seconded by Counclimember Ricker, to adopt RESOLUTION N0. 89-595 SETTING CONDITIONS TO DE MET PRIOR TO FILING OF RESOLUTION N0. 89-594 VACATING TME: DRAINAGE AND UTILITY EASEMENT FOR LOT ll, BLOCK 4 PARKERS LAKESIDE SECOND ADDITION. Motion carrried on a Roll Call vote, five ayes. Manager Willis reviewed the City's special assessment proced:ores, including the appeal process and policy for deferment of special assessments against property of senior citizens and disabled Individuals. Mayor Schneider opened an assessment heartnq at A:44 p.m. on Project No. 648, Prime WAst Business Park/Trenton Oaks and Groves Office Park Area Phase I:. Roy O'Donnell, 3207 Charles Lane, Mound, stated he Is one of the owners of the Sun Valley Mobile Nome Park. Mr. O'Donnell presented a fetter objecting to the assessment for the followinq reasons: t ) The road is a detriment .ind not beneficial to the Sun Valley Mobile Home Park; 2) The land has been previously assessed for the watermaln and the previous owner4 paid the assessment In 1965; 3) There has not been any monetary consideration given for the detrimental effects of the roadway; and 4) The developers of Groves Office Park were to pay the road and utility costs. Mr. O'Donnell stated he has no complaints about the construction quality of the road. Mdnager Willis explained that part of the Groves Office Park development included the use of tax increment; however, It was never the intent that the developer was to pay road and utility costs associated with the entire project. No one else appeared for the heartnq. The !tearinq was closed at 852p.m. MOTION wds made by Councllme%mber Sisk, seconded by Councllmember Ricker, to adopt RESOLUTION NO. 99-596 ADOPTING ASSESSMENTS, PROXCT N0. 648, PRIME. WkST RUSINVSS NARK/TRENTON OAKS. 0 Motion carried on a Roll Call vote, five Ayes. RESOLUTION N0. 0-594 VACATING STORR W EASEMENT Ih PARKERS LAKESIDE SECOND AIHIN. Item 7-B RESOLUTION 140. 89-595 SETTING CONDITIONS TO BE MET PRIOR TO FILING RESOLUTION N0. A9-594 Ttem 7-C RESOLUTION N0. 89-596 Anon= Assrggmmr. PROJE-CT NO. 6489 PR IMF WI -Sr RUS INE SS PARK/ TRENTON OAKS Item 7-C Regular Council Meeting October 2, 1989 Page 269 MOTION was made by Counclimember Sisk, seconded by Councilmemher Ricker, to adopt RESOLUTION N0, 89-597 ADOPTING 1SSF SSMENTS, PROJECT N0. 6480 GROVES OFFICE PARK AREA • PHASE. IT. Motion carried on a Roll Call vote, five ayes. Mayor Schneider opened an assessment hearing at 9:53 p.me on the 1989 Street Reconstruction Program, Project No. 901. Director Moore described the project and assessment procedures. He noted that 30% of the project cost Is proposed to be assessed at an amount per lot of $795.66 over a five year period at 8% Interest. The cost had originally been estimated to be SARO. Nancy Olerdorf, 2110 Urbandale Lane, stated taxpayer:. should not be assessed for this project. She asked if there was a limit on the number of assessments that can be assessed against a given lot, and stated that people are bring forced from their homes due to high taxes. She stated the policy on senior citizen assessment deferment should be publtelzod and rewritten to be better understood by seniors. Betty Ducan, 2415 Urbandale Line, stated she was Informed the assess-:ents would be spread over ten years rather than five as now proposed. She also stated she was assessed for storm sewer from the Dunkirk Improvement. Ms. Dugan asked how long the constrttctlon would he guaranteed and noted that the sort being laid by the contractor will probably not live. knglneerinq Technician Dan Campbell stated that at the project Informational meeting possible terms for the assessments were discussed but the definite perlod would be adopted by the Council alony with the assessment amounts. Manaqer Witsis stated the reconstructed ro.ids, If properly malrtalned, &hoadd last. 20 years. Director Moore stated the contractor is re sponsthle for the sod for 30 days. Counc l imembrr Vas 11 lou stdtus of the sod on hell: responslule. No one else appedred. r quested that staff report back on the this project ds the contractor should hey The hearinq was closed cit 9:07 p.m. Councllmemher Rlc+er stated It is difficult for the Clty to know In which hones senior cte,tzens reside 'n order to mike them aware of the senior ettlien deferment option. He c,lated that if Mrs. Dle.rdorf is aware of particular seniors nee-dinq asglstavive REQ SOLIII ION NO. 99-597 ADOPTIRC ASSRSRRM, PROSECT N0. 6489 CP7VES OFFICE PARK Alit A - PNASF I I Item 1-C Assessment Hearinq on 1987 Street Recon- stniction Project Item 7-D Regular Counctl Meeting October 2, 19x9 Page 270 with the forms, she could forward the names to staff will be contacted and asststTd. Councilmex6er Ricker Schneider agreed that the policy could be rewritten easier to understand* and they and Mayor so it Is NOTIJN was made by Councilmember Zitur, seconded by Councilmember Ricker to adopt RESOLUTION N0. 89-598 AOOPTINC ASSESSMENTS, PR03LCY N0. 8019. 19A9 STRFET RECONSFRUCtION PNOCRAM. Councilmember Vasillou suggested that senior c1tiren groups Could distributes the information on deferments. Councilmember Sisk stated the Infrastructure Reserve Fund *cls established for the purpose of paiylitq a portion (currently 70%) of reconstruction costs. It was not Intended to prey 10K of reconstruction project costs. If this was done now, amney would not be available to assist with future rPconstructt#)n costs. Until the fund was established, 100% of the oroject costs were assesstd against the beetefIting properties. Notion wis made by Cosine Ilmember R1.c.ker, seconded by Counclimember Zltur, to call the question. Notion carried, five ayes. Mdin motion carried on a Roll Call vete, four ayes, Vasll ou nay. MOTION was made by Mayor Schneider, seconded by Councilmember Vaslilou, to direct staff to re tse the policy re:latinq to senior ultlren asyessnont deietsmenw. to make It easier to understand. NOT ION to dMinel wos made by Cour.cl tmember Sisk, seconded by Counel Lmember 11tur, to Via.% . de other policies, ies, forms, and communications distributed tb the public. Motion to amend carried, five ayes. Main =)tion a% once amended carried, rive ayes. PETITIONS, RFgkkSTS AND COMNUNICATIONb Stan Tikkanun, School District 284, presented a rjquest for aci amendment to the Site Plat, and Conditlondl Use r,,-rmtt to allow the elimination of screat4inq or rooftop units dt Plymouth Creek Elementary School V.05). Ne staled that the ordinance appear% to allow for t<<is ellminatt-in and Use building deslgn provides visLIal and snunu screenlnq. The noise levels from the roottap RESbLUT T(* NJ. V -W8 ADOPYINC ASWMHERM. PROJECT N0. 801 1989 STREET RECONSTRUCTION PROCRAN Item 7-n I.S.Q. 284, Plymouth Creek School, 4eque s t for CUP (4801S) item 8-4 Regular Council Meeting October 2, 1989 Page 271 equipment are noterceived to be a problem b the neighbors. P Y The noise levels would not impact any adjacent residential area because of the large school. site size. He introduced consultant Bill Kroll, sound expert for the project. Mr. Kroll explained the sound tests done to evaluate the perceived noise level of the rooftop equipment. He stated the rooftop equipment was running at maximum levels throughout ti•e testing and a nolee problem was not perceived at the adjacent property lines. We Kroll reported the most significant noise level in his stud% was at Xene Lane and 41st Avenue; however the noise was traced to the school boiler room and not the rooftop units. Mayor Schneider asked why rooftop screening was included at the original site plan stage if it was not now intended to be cc.istructed. Steve Decoster, EOS ArcAltects, stated when the school district applied for the original site plan approval and conditional use permit, they had not finalized the site plan details for the building. He stated the color, form, and placemer`. of the rooftop equipment was carefully considered; the original design was found to be prohibitively expensive. Director Tremere stated staff's knowledge of the change in the plans came near completion of the project when the petitioner desired occupancy of the building. The plans approved by the ouncil included screening of the rooftop equipment. The ordinance provisions regarding the screening of rooftop equipment on nonresidential structures adjacent to residential zoned districts references both aesthetics and noise suppression as the reasons for the required screening. These reasons may he considered in addition to the MPCA noise standards. Director Tremere noted one concern the Council may wish to consider is the noise and visual effects on possible future multiple storied adjacent residential buildings. Cot!ncilmember Ricker asked if there is a way to delay a final decisioin until the adjacent properties are developed and the effect is known. Councilmc:nber Zitur r.ored that the equipment may not pose a noise prohlem now but could get louder as it ages. Attorney Thomson stated the City could require, with school district agreement, that if at some future time the City chose to requirc the rooftop screening, it would he installed. However, from a practical standpoint the Council may wish to consider what it would do if there is nc.n-compliance. R9gular Council Meriting October 2, 1989 Page 272 Councilmember Vasiliou stated that this could be precedent setting and asked if the Council is prepared to offer a similar delay in requiring screeni;ig to any developer that requested It. Councilmember Sisk asked what would trigger the screening Installation at some future point - The number of complaints received? A noise problem based on a certain number of decibels? Director Tremere stated the ordinance intent could be pres..--vsd and the requested design flexibility could be allowed in that the conditional use permit could require an annual review to determine if there have been problems; and a hearing could be scheduled if noise problems were detected that constituted a violation of the ordinance conditicnal use standards. Covincilmember Vasiliou expressed concern that this determination Is subjective and it may u;; difficult to rocuire remedial construction at a later time. She asked how the school district would fund the screening equipment if it was required in the future. Mr. Tlkkanen stated they could accept an annual renewal condition and the district would levy for the capital cost. He stated the equipment will be well maintained so future increased noise levels will not be a problem. MOTION was made by Councilmember Iltur, seconded by Councilmember Ricker, to adopt NESOLUTION NO. 89-599 APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR PLYMOUTH CREEk ELEMENTARY SCHOOL (88035) with the addition of Condition No. 4: The conditional use permit shall be reviewed annually and the screening shall be installed if the City Council determines, in Its sole discretion, that the screeninq of the rooftop equipment Is needed. Motion carried on a Roll Call vote: Schneider, 71tur, Ricker ayes; Sisk and Vasiliou nays. Manager Willis reported that six bids for site gradinq and utilities for the proposed community center project wero received, with three of the bids below the cost estimate. Atter review of anticipated total project costs, i• was determined that the project exceeds the budget established the Council. He recommended that all bids be rejected. RESOLUTION N0. 99-599 PLAN AND CUP FOR PLYMOUTH CREEK SCHOOL 88035) Item A -A Regular Council Meeting October 2, 1989 Page 273 MOTION was made b Councilmember Zy Iter, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 89-600 REJECTING PID, PLYMOUTH COMMUNITY CENTER BID PACKAGE NO. 1 GRADING AND SITE UTILITIES, CITY PROJECT NO, 901. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, to RPUD FINAL PLAT/PLAN INC./WALLY ANDERSON FOR Councilmember Zltur, seconded by adopt RESOLUTION NO. 89-601 APPROVING AND DEVELOPMENT CONTRACT FOR ARADCO, PARKVIEW RIDGE_ (88018) (RPUD 88-3). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember lltur, seconded byCouncilmemberSisk, to adopt RESOLUTION N0, 89-602 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RFLATED TO RPUD FINAL PLAT/PLAN FOR ARADCO, INC./WALLY ANDERSON FOR PARKVIEW RIDGE (88018) (RPUD 83-3). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, to ASSESSMENTS PROJECT N0, PARKVIEW RIDGE ADDITION. 0 Councilmember Zitur, secondee by adopt RESOLUTION N0, 89-603 ADOPTING 951 SANITARY SE WE R AND WATLRMAIN AVEA - Motion carrled on a Roll Call vote, five ayes. MOTION was made by Councilmember Zttt r, seconded byCouncilmemberSisk, to adupt RESOLUTION NO. 89-604 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CRAIG SCHERRFR FOR SWAN LAKE WEST LOCATED WEST OF WEST MEDICINE LAKE DRIVE AT 44TH AVENUE NORTH (8902:). Tom Loucks, 8401 73rd Avenue North, Brooklyn Park, stdted the petitioner is In agreement with the stafF report. Motion carrled on a Roll Call vote, five ayes. MOTION was made by Councilmember litur, seconded by Couitctlmember Sisk, to adopt RESOLUTION NO, 89-605 SF-ITING CONDITIONS TO HT_ ML T PRIOR TO FILING OF AND RULA 1 E D T O FINAL PLAT FOR CRAIG SCHLRHF R FOR SWAN LAK,F WF S T LOCATED Wt S T OF Wt S T MEDICINF LAKE DRIVE. AT 44TH AVENUE NORTH (890?5). Motion carried on d Roll Call vote, five ayes. RESOLUTION NO. 89-600 REJFCTIRC BIS, COMMUNITY CENTER GRADING AND UTILITIES PROJECT N0, 90l Item 8-H RESOLUTION NO, 89-601 PLAT/PLAN AND DEVELOPMENT CONTRACT FOR PARKVIEW RIDGE 98018) Item *8-C RESOLUTION N0. 89-60? SFrlrNc CONWTTWM HE ME T PR IOR TO F IL INC 98018) Item *8-C RFSOLUTION NO, 89-603 AMPING ASSrSSMF, FOh PARKVIEW RIDGE PRnjFCT N0, 951 Item *8-C RESOLUTION NO, 89-604 AMROVfNC AND DF VE LOPME N T CONTRACT FOR CRAIG SCHERNER FOR SWAN LAKF WEST (89025) Item A -n RESOLUTION NO. R9-605 E lit ME I PRIOR TO F IL INC 990?5) item 9-n Regular Council Meeting Octoker 2, 1989 Page 274 MOTION was made by Councilmember Sisk, to ASSESSMENTS, PROJECT N0, SWAN LAKE WEST ADDITION. Councilmember Zitur, seconded by adopt RESOLUTION N0. 89-606 ADOPTING 950 SANITARY SEWER AND WATERMAIN AREA - Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded byCouncilmemberSisk, to adopt RESOLUTION N04, 89-607 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR JACK AND BETSY SWEDLUND FOR NORTHFORK LOCATED NORTH AND WEST OF THE INTERSECTION Or COUNTY ROAD 9 AND VICKSBURG LANE (89016). r'btlon carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Iitur, seconded by Councilmember Sisk, to adopt RESOLUTION N0, 89-608 SFTTING CONDITIONS TO HE MET PRIOR TO FILING OF AND RFLATED TO FINAL PLAT FOR JACK AND BETSY SWEDLUND FOR NORTHFORK LOCATED NORTN AND WEST OF THE INTEPSECTION OF COUNTY ROAD 9 AND VICKSBURG LANE. 89016). Motion carried on a Roll Call vote, five ayes. MOTION was made Councilmember Sisk, ASSESSMF NTS, PROJECT NORTHFORK ADDITION. by Councilmember Iltur, seconded by to adopt RESOLUTION NO, 99-509 ADOPTING N0, 9529 SANITARY SF_WER AND WATERMAIN AREA Motion carried on a Roll Call vote, five ayes. MOIION was made by Councilmember Iitur, seconded by Councilmember Sisk, to adopt RESOLUTION N0, 99-610 APPROVING RES IDE NT IAL PLANNED UNIT DEVELOPMENT CONDITIONAL USE PLR14I T AMENDMENT FOR KURT AND MADONNA BRATTAIN FOR CIMARRON PONDS (RI'UD 76-3) (89079). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Iitur, seconded by Councllmember Sisk, to adopt k' -SOLUTION N0. R9-611 APPROVING RLSIDLNTIAL PLANNkD UNIT DEVE.LJPMENT CONDITIONAL USE PERMIT AMENDMENT FOR [TRUCE AND KATHLE F N ANDERSON FOR CIMARRON PONDS HPUD 7603) (89081). Motion carried on d Roll Call vota, five ayes. MOFION was made by Councilmember Iitur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 49-61? AOTHORIITNG RE.L1 kSE OF SITE Pi RF ORMANCE GUARAN TE. E FOR 0110 HOCK (87054), IsMotion carried on a Roll Call vote, yfivea es. RESOLUTION NO, R9-606 ADOPTING ASSESSMENTS FOR SWAN LAKF WEST, PROJECT N0, 950 Item A -n RESOLUTION N0. 89-607 APPROVING FINAL PLAT - IND DF VE LOPME N T CONTRACT FOR SWFDLIIND FOR NORTHFORD ADDN. 99016) Item *4-F RESOLUTION NO, 89-608 SETTTRU rONUTTORM BF MET PRIOR TO FILING 09016) Ttem *8-F RESOLUTION NO, R9-609 FOR NORTHFORK, PROJFCT NO, 95? Item *8-T RESOLUTION N0, 89-610 CONDITIONAL USE PE RM I T FOR NRATTATN FOR CIMARRON PONDS (89079) Item *g -F RESOLUTION NO, 89-611 CONDITIONAL USE PE RMI T FOR ANDERSON FOR C IMA14RON PONS ( 49041) Item *4-G RESOLUTION NO. 89-61' 1 \1\t r GJARANTE F RF LE ASE FOR OTTO BOCK (47054) Item *R -FI -t Regular Council Meeting October 2, 1989 Nage 275 NOTION was made by Councilmember Councilmember Sisk, to adopt RESOLUTION RELEASE OF SITE PERFORMANCE GUARANTEE 87090). Zitur, seconded by N0. 99-613 AUTHORIZING FOR OPUS CORPORATION Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmemher Zitur, seconded by Councilmember Sisk, to adopt RESOLOTION N0, 89-614 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARAPTLE FOR WELSH COMPANIES, INC. 88005). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Sisk, to adopt RESOLUTION N0f, 99-615 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR POO FOOD STORES OF MINNESOTA, INC. (86139). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zltur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 89-616 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CARLSON PROPERTIES INC. (88056). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember litur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 89-617 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CROW-MINNETONKA/ PLYMOUTH LIMITED PARTNERSHIP (88095C). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Councilmember Sisk, to adopt RE.SOL1!TT, N REDUCTION OF SITE PERFORMANCE GUARANTEE PLYMOUTH LIMITED PARTNERSHIP (880950). I't-ur, seconded by NJ. 89-618 AUTHORIZING FOR CROW-MINNLTONKA/ Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember litur, seconded by Councllmt-tuber Sisk, to adopt RESOLUTIOO N0, 89-619 AUTHORIIING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CROW-MINNETONKA/ PLYMOUTH LIMITED PARTNERSHIP (88131). Motion carr ed in a Roll Call vote, five ayes. RESOLUTION N0. 89-613 GUARANTEE RFLEASE FOR OPUS CORPORATION 87090) Item *8-H-2 RESOLUTION N0. 89-614 GUARANTEE RELEASE FOR WELSH COMPANIES 98005 ) Item *4-H-3 RESOLUTION N0, 89-615 SITE PFRFORMANCF GUARANTEE RELEASE FOR PDO FOOD STORES 86139) tem r8 -H-4 RESOLUTION N0. 89-616 GUARANTEE REDUCTION FOR CARLSON PROPERTIES 98056) Item *8-I-1 RESOLUTION N0. 89-617 GUARANTEE. REDUCTION FOR CROW-MINNETONKA/ PLYMOUTH LMTD. PARTNERSHIP ( AA095C ) Item *8-I-2 RESOLUTION N0. 89-619 SITE PERFORMAW GUARANTEE REDUCTION FOR CROW-MINNETONKA/ PLYMOUTH LMTD. PARTNERSHIP (gangsn) Item *8-I-3 RESOLUTI9N NQ. A9-619 SITE PERFORHAW GUARANTEE REDUCTION FOR CROW-MINNE Tr'NK A/ PLYMOUTH LMTD. PARTNERSHIP (AA131) Item *8-I-4 Regular Council Meeting October 2, 1989 Page 276 MOTION was made by Councllmember Zitur, seconded by RESOLUTION NV, A9-620 Councilmember Sisk, to adopt RESOLUTION NO. 89-620 AUTHORIZING SITE PERrORWARCE — REDUCTION OF SITE PER0RMANCE GUARANTEE FOR ALJON TOOL, INC. GUARANTEE: REDUCTION 88111). FOR ALJON TOOL INC. 48111) Motion carried on a Roll Call vote, five ayes. Item *8-I-5 NOTION was made by Councilmember Zltur, seconded by RESOLUTION N0. 89-621 Councilmember Sisk, to adopt RESOLUTION N0. 89-621 AUTHORIZING SIIEPERF .F! REDUCTION OF ,SITE PERFORMANCE GUARANTEE FOR DUNDEE NURSERY AND GUARANTEE REDUCTION LANDSCAPING C014PANY 88119). FOR DUNDEE NURSERY FOR MINTE R-WEISMAN 88119) Motion carried on a Roll Call vote, five ayes. Item *8-I-6 MOTION was made by Councilmember Zltur, seconded by RESOLUTION N0. 89-622 Councllmember Sisk, to adopt RESOLUTION NO. 89-622 AUTHORIZING SITE PERFORMANCE REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MINTER-WEISMAN GUARANTEE. REDUCTION COMPANY (89002). FOR MINTE R-WEISMAN A9002 ) Motion carried on a Roll Call vote, five ayes. Item *8-1-7 MOTION was made by Councllmember lttur, seconded by RESOLUTION N0. 89-623 Counellnember Sisk, to adopt RESOLUTION NO. 99-623 DECLARING ADEQUACY OF PETITION AND ORDkRING PREPARATION OF REPORT, STREET ORDERING REPORT, LIGHTING - PARKERS LIKE !NORTH 3RD ADDITION. STREET LIGHTING iPARKERS LAKE NORTH 3RD Potion carried on d Roll Call vote, five ayes. ADDN. Item *8-J MOTION was made by Councilmember Zltur, seconded by RESOLUTION N0. 89-624 Councilmember Sisk, to adopt RESOLUTION NO. 69-624 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, PARKERS LAKE ORDERING PROJECT, NORTH 3RD ADDITION. STRF:E.T LIGHTING PARKERS LAKE NORTH 3RD Motion carried on a Roll Call vote, five ayes. ADDN. Item *9-J MOTION Was made by Councilmember Zitur, seconded by RESOLUTION NO. 89-6? Councilmember Sisk, to adopt RESOLUTION NO. 89-625 AWARDING HID AWARDIRE BID FM FOR STREET SWEEPER. STREET SWEEPER Item *8-K Motion carried on a Roll Call vote, five ayes. MOTION was made by Counctlmember Zltur, seconded by RESOLUTION N0. 89-626 Councilmembe Sisk, to adopt RESOLUTION NO. 89-646 REDUCING AMMINE WFLOPHIRr DEVELOPMENT BOND, CHEEKWOOD HILLS 2ND ADDITION (A-649). HOND, CREEKWOOD HILLS ND ADDN (A-649) Motion carried on a Roll Call vote, five ayes. Item OR -L-1 Regular Coomcil Neeting October 2, 1989 Page 277 MOTION was made b Councilmembery titur, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 89-627 REDUCINC DEVELOPMENT BOND, CREEKWOOD HILLS 3RD ADDITION (A-648). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember 71tur, seconded byCouncilmemberSisk, to adopt RESOLUTION N0. 89-628 REDUCING DEVELOPMENT BOND, GLEN ECHO PONDS (84008). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zltur, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 89-629 REDUCING DEVELOPMLNT BOND, ZACHARY HEIGHTS ADDITION (88042). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councllmember Sisk, to adopt RESOLUTION N0. 89-630 REDUCING DEVELOPMENT BOND, PARKFRS LAKE CORPORA!E CENTER (88089). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Zitur, seconded by Cot,ncllmember Sisk, to adopt RESOLUTION NO. 89-631 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTI% Mf NI' FOR BIDS, WEST MEDICINE LAKE DRIVE TRUNK SANITARY SEWER AND WATERMAIN IMPROVEMENTS, CITY PROJECT N0. 905. Motion curried on a Roll Call vote, five ayes. MOTION was made by Counctlmember 71tur, seconded bl# Councilmember Sisk, to adopt RESOLUTION N0. 89-63? ADOPTING ASSESSMENTS, DEFERREO LEVY 10058 AND LEVY 8961. Motion carried on a Roll Call vote, five ayes. Jim Heil, EPIC U.S.A., recommended acgLlsitton of the Fujitsu Focus 960 telephone switch with automatic call dl!ttrtbution and voice mail system. Fujitsu was the lowest eespcnstble bidder. Mr. Bell explained that the current system requiros replacement for technological, rail volume, and reliability reasons. Actival'inn of the new switch is expected in late Novemtet. MOTION was made by Counctlemmber lltijr, seconded by Counctlmember Ricker, to adopt RESOLUTION NO. i49-633 ALTHORIIINC THE ACQUISITION AND INSTALLATION OF T4. TELLCOMMUNICATIONE SYSTEM INCLUDING AUTOMATIC CALL DISTRIBUTION, VOICE MESS'1CINC AND TE.! LPHONE INSTRUMt.NTS. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO, 89-6?7 REDUCING DEVIFLOPME'Ar BOND, CREEKWOOD HILLS 3RD ADDN. (.A-648) Item »A -L-2 RESOLUTION N0. A9-628 RF.DUCTK AONI!, GLEN ECHO F)GwT1S 84008) Item *S -L-3 RESOLUTION N0, R9-629 BOND, ZACHARY HEIGHTS ADDN. (99042) Item *8-L-4 RESOLUTION N0, R9-610 REDUCING DEVrLOPHIEWO ROW, PARKFRS LAKE f ORPORA TE CF NTFR 89089) Item *8-L-5 RESOLUTION N0. 89-F31 APPROVTNG PLANS XRT ' ORDERING ADVERT ISEMFNT FOR BIDS FOR PROJE C T N0, 905 Item 8-M RESOLU11ON N0. 89-631 irW,, 1)EFERRE'D LEVY 10058 AND 4061 Item *A -H RESOLUTION h0. 89-633 AWARD OF BIDS - Mr TELE COMMUNICAT IONS SYSTE M Item H-0 Regular Cooincll Meeting October 2, 1989 Page 278 MOTION was made by Councilmember 11tur, se--+nded by Councllmember Sisk, to adopt RESOLUTION NJ. q9-634 APPOINTINC 3UDGES FOR THE ELECT I04 TO BE HELD NOVEMBER 79 1989. Motion carried on a Roll Call vote, five ayes. Planning Director Tremere presented a proposed Interim ordinance which woulJ establish a moratorium for the Comprehensive Plan study areas which are being considered for possible chavige for a period of six months. This will assure that no deve,opment or changes are processed until the City has had an opport.mity to review the consultants' reports and to consider the final updated Comprehensive Plan and Clements. The majority of the properties which would be included In the moratorium are not in areas ready for development due to lack of sewer and water. Such a moratorium is permitted by state law and would enable the City to undertake the studies and to make the best planninq declslons without the pressures of prospective developments. Director Tremere stated if there is a developer who feels adversely afrected by the moratorium, the developer could seek an amendment to the ordinance during the six month period. Mayor Schneider asked what process a developer would go through to seek exemption from the moratorium. Director Tremere stated a petition to amend the moratorium ordinance would be considered directly by the City Council and not by the Piannlnq Commission. The request would have to substantlate why an amendment was necessary and why development could not watt. Hans Hagen, 23A Rice Street, appeared in opposition to the proposed ordlnance. He stated the City should not stop the development process and refuse to hear from the development community regarding land use. The developers need to be heard during the Comprehensive Plan update process. Mr. Haqen asked what celterla would have to be met to o4tain an exemption from the moratorium and stated the development community should be aware of it before the ordinance Is adopted. He stated there Is land In the study area where utilities are available Immediately. This moratorium could put a hardship on developers by delaying development for at least stx months and possibly much longer. Mr. Hagen stated the staff, Plannlnq Commission, and Council needs to listen to developers regardtnq the economics of land use. The development community can contribute valuabte information to the process and should not he shut out. Counelimember process or why Sisk asked when develope-s were shut oia from the the moratorium would affect develoE.er Input. RESOLU!ION W0. 89-634 APPOINTING FLFCTW 3UM S Item "A -P Interim Ordinance Establishinq Moratorium relative to Updatinq Comprehensive Plan Item 8-0 Regular Council Meeting October 29 1989 Page 279 Mr. Hagen stated he has not been denied the opportunity togepPY partielpate, but he has not had the opportunity to provide as much input as he would like. He described the property in which he has a current Interest and a definite purchase date. Linda Fisher, Attorney for Trammell Crow, stated she is not in Opposition to the interte ordinance. iramuell Crow concurs with the Planning Cummissio,l regarding the proposed land use guide plan changes involvinq their site which !s served. They are marketing their site in anttelpatton of those changes. Ms. Fisher encouraged the Council to act qutekly to complete the process. She questioned the process !or seeking amendment to the ordinance and the hardship criteria to be met. Ken 8rtggs, Harsted Companies, supported Hans Hagen's comptents. He stated the Council receives Important Information throuqh they Sketch Plan process and It shotild be continued durinq the moratorium. Input from developer- is necessary to the Council and a six month moratorium could actually delay development of certain parcels by as much as 1-2 years. Dlrvctor Ircmure st..ted celterla could be developed for ordinance amendment: consideratlei, such as: 1) Is sewer and water currently available? 2) Has the parcel been subject to a transportation analysis? Councilmember Sisk noted It has been the Council intent to complete the Comprehensive Plan amendments for ubmission to the Metropolitan Council by approximately January 1. Developers have had and will continue to have opportoinitles to make their views known to the City Council. Director Tremere explained that the Metropolitan Council will be sent City -adopted amendments to determine if they are cons stent with the Metropolitan Transportation and Sewer Plans. The Metropolitan Council time could be as little as 10 and more than 60 days depending on their review requirements. Director lremere also noted that developers can submit information to staff for Informal review at any time. The miortitor tum wore ld riot affect that. He stated It would be difficult for the Council to continue consideration of Sketch Plans or other development appllcatlons durinq the moratorium because Sketch Plans require compliance with the Comprehensive Plan, and proposed developments either comply or involve formal changes which Is the reason the City Council Is studyinq the key plans relative to the identified areas. Attorney Thomson noted there Is nothtnq in the proposed ordlndnce which *3uld prevent developers from providlnq Input en the Comprehensive Plan dMendmrnt.s or ytudtese Regular Council Meeting October 2, 1959 Page 280 MOTION was made by Mayor Schneider, seconded by Councilmember Vaslllou, to table this Item to October 16 and to direct staff to recommends 1) How Information from developers can be shared with Planning Commission and Council, 2) The p ocess by which a developer can request an ordinance amendment to be exempted from the moratorium, 3) What criteria would be considered for ordinance exemption. Motion carried, four ayes, Sisk nay. CouncIlmember Vasillou asked why the Northwest Hennepin Human Services Agency request for City of Plymouth fundlnq for a Runaway Youth Program remains at S5,000 when only one other city has contributed. She noted that Plymouth has a runaway problem and was concerned about usinq Plymouth's CDBG allocation to attempt to solve a problem for 15 cities; 13 of which did not contribute to the project. Manager Millis stated that when the request for funds was made by NWHHS, most cities had completed their CON public ~earinq process. Mark Hoff, Northwest Hennepin Human Sery fund ralsing process was started too lal hearings. Funds have be vn received ft cities will Le approached for funding encouraged Plymouth to be the First with program* ces, verified that the b for most c1tle3 CORC im private sources and again next year. He major fundlnq for this Director Tremere stated this request !s responsive to Council direction that eligible human service requeste. be considered from CD13C funds rather than general fund. If the Council desired, the funds could be reallocated throuqh a CWG hesrinq process conducted by the HRA. MOTION *as made by Councllmember tltur, seconded by Cos ncllmnmber Ricker, to adopt RESOLUTION NO. 99-635 RF C014ML NU ING APPROVAL OF $59000 OF YEAH XV COMMUNITY DE VE LOPMT. N T BLOCK GRANT FUNDS TO NORTHWEST HENNEPIN HUMAN SERVICES COUNPIL FON THE RUNAWAY YOUTH INITIATIVE.. Councllmember 2itur noted the need for this service Is evident. He stated, and the Council agreed, that the City will not look favorably on a similar request for fundlnq next year unless there is significant city particlpatlon from the service area and the program !s proven. Councilmembet Vasillou expressed doubt as to the number of Plymouth rhildren that would be benefited by the study. The petitioner should strive to demonstrate that. CMG Fundtnq for NWHHS Council Runaway Youth Proqram Item 8-R Rt:SOLUTION N0. 89-635 APPROVAL Or 559omw YEAR XV CDHC FUNDS )0 NWHHSC FOR RUNAWAY YOUTH INITIATIVE Item A -R Regular Council Meeting October 20 1989 Page 281 is Motion Aarrled on a Roll Call vote, Schneider, 11tur, Ricker ayes; Sisk and Vastllou nays. REPORTS OF OFFICERS, ®OAROS AND COMMISSIONS Councllmember Vasillou noted the PRBC minutes mentioned anticipated improvements to change neighborhood parks to active parks. Manager Willis stated that any park improvements or this type would be Included In the Capital Improvements Program, which the Council would need to adopt. Councilmember titu: corrected the Forum notes of September 25 to Indicate that all Coun%:ilmembers "voted for" the process for the comwunity center. Councilmember littar noted the re31gnat ion o1 Judy '.aTour from the Park and Recreatlen Advisory Conmmisslor and commended her for her service. A plaque presentation will be done at a future meeting. Councilmember l.ltur reported that he r•-cently toured ,:he northeast quadrant of the City and noted the va3t amou:tt of property under development. He hoped that In the future road and trails will be Installed before development occurs. Councllmember Vastllou noted the Council has recflverd se.eral letters from Mr. Coyne relat lioq to conee rns regarding a road, trees, and berm. She asked If %toff has responded. Manager Willis st-tLed Mayor's responses the seek to meet with him. of any correspondence. Mr. Coyne was not pleased with the staff Is Investigat'nq further and will The Co.inell will be provided with j eopy the meeting was adjourned at 12:10 a.m. Nt-lghbor000i Parks Forum Notes on Community Center Restgnatlon of Judy LaTour from °RAf Observations on Current Development Coyne Correspondenro