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HomeMy WebLinkAboutCity Council Minutes 01-02-19900 N I N U T E 5 REGULAR COUNCIL MEETING January 2, 1990 Oaths of Office were administered to Mayor Kim M. Bergman and Oath of Office Councilmembers Maria Vasiliou and Carole J. Hel:iwell by City Item 1 Clerk Rauenhorst. The regular meeting of .he Plymouth City Council was called to order by Mayor Bergman at 7:35 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on January 2, 1990. PRESENT: Mayor Bergman, Vasiliou, Iltur ABSENT: None Councilmembers Helliwell, Ricker, STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Community Development Director Tremere, Finance Olrecttor Hahn, Park Director Blank, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATIONS Addresses were randomly selected for the January "It's Not Trash, It's Cash" Recycling Contest. CONSENT AGENDA Items 9-C (Reduction of Financial Guarantee fir graham Development), 9-G-1 and 9-G-3 (Development Contract 1k)od Reductions), and 9-H (Preliminary rngineertnq Report for Rockford Road Plara Improvements) were removed from the Consent Agenda. MOTION was made by Councilmember tltur, seconded by Councilmember Vasillou, to adopt the Consent .Agenda as amended. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Ittur, seconded by Councilmember Vasiliou, to approve the minutes of the December 18, 1989, council meeting. Motion carried on a Roll Call vote, five ayes. is Recyc: l I nq Item 5-A CoAest Consent Ngenda Item 6 Mlntites Item *7 0 Regular Council Meeting Oanuary 2, 1990 Page 2 PUBLIC HEARINGS Mayor Bergman opened a pub lc hearing at 7:38 p.m. on vacation of drainage and utility easement on Lot 2, Block 2, Herttage West Addition. No one appeared. The hearing was closed at 7:38 p.m. MOTION was made by Councilmember Vasillou, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 90-01 AUTHORIZING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 29 BLOCK 2, HERITAGE WEST ADDITION. Motion carried on a Roll Call vote, five ayes. Mayor Bergma: opened a public hearing at 7:39 p.m. on vacation of utility and drainage easement on Lot 2, Block 1, Carlson Compcinles hid Additton. No one appeared. The searing was Closed at 7:39 p.m. Councilmember Helliwell asked if alternative easements have been proposed by the petitioner. Public Works Director Moore stated that alternative easements have been submitted and approved as part of the lot consolidation/division process. MOTION was made by Councilmember Vasiliou, secoiided by Councilmember Iltur, to adopt RESOLUTION NO. 90-02 AUTAORIIING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 29 BLOCK 19 CARLSON COMPANIES 4tH ADDITION. I -lotion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, secoiided by Councilmember Zitur, to adopt RESOLUIION NO. 90-03 AUIHORIIING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 2, BLOCK 11 CARLSON COMPANIES 41H ADDITION EMBRACED WITHIN LOT 2, BLOCK 19 CARLSON COMPANIES 2ND ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasillou, seconded by Councllmember tltur, Ln a3opt RESOLUTION NO. 90-04 AUTHORIIING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 21 BLOCK 19 CARLSON COMPANIES 4TH ADDITION. Motion carried on a Roll Call vote, five ayes. RESOLUTION N0. 90-01 VACATION OF EASEMENTS IN HERI i AGE WEST ADDN. Item 8-A-1 RESOLUTION N0. 90-02 VACATION OF EASEMENTS, LOT 29 BLOCK 1, CAPLSON COMPANIES 4TH ADDITION Item 8-.A-2 RESOLUTION N0. 90-03 ACATION OF F"ASFMFNTS, LOT 29 BLOCK 1, CARLSON COMPANIFS 4TH ADDITION Item A -A-2 RESOLUTION N0. 90-04 VACATION OF E:ASF'MFNTS, LOT ?, BLOCK 1, CARLSON ';OMPANIFS 41H ADDITION Item A -A-2 Regular Council Meeting 3anuary 2, 1990 Page: 3 MOTICN *.is made by Councilmember Vasiliou, seconded by Councilmember Zltu r, to adopt RESOLUTION N0. 90-05 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 4, BLOCK 19 CARLSON COMPANIES 2ND ADDITION. Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zltur, to adopt RESOLUTION NO. 90-06 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION N0, 90-02, 90-039 90-04, 90-05 VACATING THE DRAINAGE AND UTILITY EASEMENTS FOR LOT 2, BLOCK 1, CARLSON COMPANIES 4TH ADDITION, LOT 2, BLOCK 1, CARLSON COMPANIES 2ND ADDITION AND LOT 4, BLOCK 1, CARLSON COMPANIES 2ND ADDITION. Motion carried on a Roll Call vote, five ayes. Manager Willis described the proposed public improvement project c,n 15th Avenue north of South Shore Drive, Project 945, as well as the assessment policies and procedures. The Preliminary Engineering Report Indicates an estimated project cost of 32,500, for an estimated $3,250 per lot. The final assessments will be based on the actual project cost. Mayor Bergman opened the public hearing on Project 945 at 7;42 p.m. No one appeared. The hearing was elosed at 7;42 p.m. Director Moore recommended that the Council defer actio.11 until after the City of Medicitie Lake holds their public improvement hearing on the project. Richard J. Theisen, 100 Peninsula Road, Medicine Lake, appe.ired later In the meeting on this Item and was referred to the City of Medicine Lake public hearing. MOTION was made by Counc I Imember Vas IIlou, seconded by Comic! lmember Z t tur, to defer action on Project 945 until the City of Medicine Lake public hearing has been completed. Motion carried, five ayes. MOTION was made by Couneilmember litur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-07 APPROVING RESIUENTIAL PLANNLD UNIT DEVFLOPMLNI CONDITIONAL USF PERMIT AMENDMLNT FOR SANDY PATTkRSON FOR HERIIAGF WEST (RPUD 44-4) 89100). Mutton Carried on a Roll Call vote, fIVP ayes. 0 RESOLUTION N0, 90-05 VACATION OF EASEMEN S, LOT 49 BLOCK 19 CARLSON COMPANIES 2ND ADDITION Item 8-A-2 RESOLUTION N0, 90-06 SETTINE CONDITIONS TO BE MET PRIOR TO 1 [LING Item A -A-2 Defer Action on Protect 945 Item 4-B RESOLUTION N0. 90-07 APPROVING RPUD CONDITIONAL USF PF RMI T AMFNDMENT FOR SANDY PATTI RSON (RPUD 94-4) 49100) Item *9-1 Regular Council Meeting Oanuary 2, 199u Page 4 Rick Whiting, 5780 Rosewood Lane, presented a request for a conditional use permit for a 75`oot shortwave radio tower and antenna at 5780 Rosewood Lane (99104) (RPUD 88-5). Mr. Whiting stated he has been an amateur operator for 36 years and radio use is important for emergency communications during disasters. He has considered the comfort of his neighbors in selecting this antenna and placement. The location was chosen because It Is the only clear vertical route through the trees on the property. He proposes to erect a quality antenna that would bend only at the top 20 feet in a high wind situation, and would extend three feet above the top of the trees. His desire Is to keep the antenna aesthetically pleasing to the neighbors, as well as protect the existing trees on his prnperty. Mr. Whiting stated the neighbors lies contacted were supportive of his request. He would he willlnti to meet liability insurance requirements suggested hN the City ttorney. Sohn Glynn, 5730 Rosewood strongly objected to the tower height and antenna. He believed it would lower his property value. Mr. Glynn asked who previously told Mr. Whiting he would be allowed to erect a tower on the lot. Mr. Glynn stated his views from his property will he greatly diminished dtae to the tower height and antenna. Donna Glynn, 5730 Rosewood Lane, stated their house is on a hill avid was designed to take advantage of the view he low. This is an unusual situation because the petitioner's home is at a much lower elevation than the Glynn's, caur,inq the antenna to he In direct view from the Glynn's home. The avttenna will extend above the top of the trees and the Gl yni ' s view will suffer the visual effects resulting In a lower property value. Eric Foss, 4615 0akvlew Lane, stated he lives six hlucks south of this area .tnd has a radio antenna which is higher than the one proposed by Mhtting. fie lids received no complaints from his neighbors regarding his .antenna. He urged Lite Crn!nf-1 l In also consider fede-al rA7tel-attnns which deal with local regtvl,ation of broadcasttnq antennae%. Bob Grosso, S765 Rosewood Lane, spoke in favor of the .antenna is proposed. He lives directly across the street from Mr. Whiting and does not believe the antenv a will have d ne(lattve affect on property values. Mr. Grosso stated the chosen location will do the least damage to trees can the lot. Stephen L. Serber, 4500 33rd ave'itue North, New lope, stated the antenna will be hidden by ledVes on the trees throtvgh meich of the year. He has .a tower at his home and It has done nothinq to adjacent property Values. Richard Whttinq Regoaest for Conditional Use Permit for Radio Antenna Item 9-H Cl Regular Council Meeting aanuary 2, 1990 Page 5 3anice Blake, 5720 Rosewood Lane, appeared in opposition to the request and presented a letter opposing the request from Elizabeth Dupay, 5740 Rosewood Lane. Ms. Blake stated that the antenna would affect the resale of her home and the beauty of her lot. MOTION was made by Councilmember Vdsiltou, seconded by Counclimember Helltwel1, to deny the request of Richard Whiting for a conditional use permit for a radio antenna at 5780 Rosewood Lane (89104). Councllmember Vasiltou stated this location cannot be compared with other antenna Installations. %ts is a unique situation because the lots adjacent to the petitioner are at a much hiaher elevation, thereby directly affecting the view. Councilmember Vasillou also expressed concern about the fall zoote because the proposed tower exceeds the distance from the tower to the applicant's property line, and the tower could fall onto adjoining lots. She also stated that Mr. Whiting's hobby is not a necessary component for this neighborhood and res:.;enttal enjoyment and use of property should be primary. Councllmember 11tur stated he had visited the site and esked Mr. Welting if the antenna could be a color other than sill. t% He stated concern with the fill zone. Mr. Whiting said the antenna is only manufactured in aluminum; however, he could paint it a natural brown color. Councilmember Ricker stated there is a neighborhood Issue here that could perhaps be mediated among the neighbors. He suggested the use of West Suburban Mediation Services. subsltrurt MOTION was made by Councilmember Ricker, seconded by Councilmember titur, to defer action on the conditional %ise permit request of Ric tard Whiting (99104) and to refer the tsrue to the neighborhood for discussion, mediation, and possit.le resolutf sn. Councilmember Vasillou asked if the neighbors were willing Lo do that. Mrs. Glynn stated there would be little value In such a meeting. Attorney Thomson stated that the federal regulations antennas do not preempt the City from requlatinq factors. He stated that it is also valid that the consider whether the tower IoCatto 1 will Interfere with from adjacent properties. 0 in radio safety Council the v Iew Oefer Action on Request of Richard Whittnq for CUP to percni t Radio Antenna 49104) Item 9 -R Regular Council Meeting 9anuary 22 1990 Page 6 Motion carried, three ayes, Vasiliou and Bergman nays. Councilmemiber Helliwell asked whether $500 Is a sufficient site performance guarantee for Graham Development for Heritage Woods Estates (89008). Director Tremero stated the $500 is s.ifftclent and covers completion of the ground cover just around the tot lot area. MOTION was made by Councilmember Vasiliou, seconded by Councilmemiber Helliwell, to adopt RESOLUTION N0. 90-08 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR GRAHAM DEVELOPMENT FOR HERITAGE WOODS EST%TE S (89008). Motion carried on a Roll Call vote, five ayes. Manager Willis explained thus request of Parkside at Medicine Lake Partnership for approval of Issuaitce of 59,500,000 Multi -Family Housing Development Revenue Refunding Honds. The current bonds carry an interest rate of 8.25% and the partnership Pstimates t!te proposed new bonds will carry a rate of about 7%. This would be an laterest cost savings to the partnerahlp o? about $118,000 a year. The bonds are nut general obligations of the City. Manager Millis stated that 20% of the 211 dwelling units were made available to NUD income -qualified individuals as part of the original bond '.ssuance. This obligation has been met and would continue undfr the refunding issue which is a benefit to Lhe com wni ty. Councilmember Vas'.11ou stated that although this Issuance may not affect the City's financial position, the City is becoming a financial conduit for the partnership. T'(e project h)s provided affordable hotishg to the City, but the partnership has ,also benefited through financial Incentives. She stated that government should not subsidize private Industry. Marcia Cohodes, Miller do Schroeder Financial Inc., stated that the refunding issuance would reduce the burden of negative cash flow for the partnership. Councllmember Vasiliou stated she had attended a meetisig with residents In the area of Pdrkside Apartments regarding concerns of the apartment operation and effects on the neighborhood. She nota -d concerns about mounds of dirt, speeding, and reckless driving as examples. She recalled there had been par:.inq problems unresolved by Lhe developer. LJ RESOLUTION N0. 90-08 REDUCTTON OF SITE PERFORMANCE GUARANTEE FOR HERITAGE WOODS FSTATES (89008) Item 9-C Regular Council Meeting 3anuary 2, 1990 Page 7 40 Councilmember Ricker stated he would support this refundin 4 request because it will provide housing for lower Income families in the City. Alre, there would be no advantage to the City If the request were denied. NOTION was made by Councilmember Ricker, seconded by Councllmember Zltur, to adopt RESOLUTION NO. 90-09 AUTHORIZING THE ISSUANCE Of $99500,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF PLYMOUTH, MINNESOTA, MULTIFAMILY HOUSING DEVELOPMENT REVENUE REFUNDING BONDS (PARKSIDE APARTMENTS PROSECT), DATED AS Of JANUARY 19 1990, AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS, Notion carried on a Roll Call vote, four ayes, Vasiliou nay. NOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to 4dopt ORDINANCE NO. 90-01 RENAMING POR!A'ONS OF WESTON LANE IN STEEPLECHASE STN AND 6TH ADDITION. Motion carried on a moll Call vote, five ayes. RESOLUTION N0. 90-09 AA UTNG 1 SS' UA NCE OF $995000000 Ml1LTIFAMILY HOUSING DEVELOPMENT REVENUE REFU411ING BONDS FOR PARKSIDE APARTMENTS Item 9-0 ORDINANCE N0. 90-01 AFRAMINC PORTIWO.17UF WESTON LANE NORTH Item "9-E NOTION WAS made by Councilmember Ricker, seconded by Receive Counctimember Helli-ell, to direct staff to receive proposals OPUS for from Strgar, Rosco;•, rat seh, Inc.., and F.onestroo, Rosene, in Bass Anderllk and Atsoclates for ,.he necessary engineering services Park to preptern the Praeltmtnary Escyineering Report, final plans and Item 9-F specifications and construction services for the public Improvements as ine:luded In '..he petition for the Bass Creek Business Park. Motion carried, five ayes% The Council reviewed Change Order No. 2 for Project No. 8010 1989 Street Reconstruction Peogram. The change order Increases the co%tract by $105,704.29. Counctlmember Helliwell asked who was responsible for underestimating the cost of the project. Director Noore ,.tated the consulting engineer was, but this Is the first year of `he program and future years should he closer to the estimatem the costs, Including this Change Order, were known when the Council adopted the project assessments and were Included in the assessments. NO 1104 was made by CouneI Imembe.r Ricker, seconled Ley Councilmember Ittur, to adopt RESOLUTION N0. 90-10 4PPROVING CHANGE ORDER N0. 29 1989 STREET RECONSTRUCTION PROGRAM, CITY ROJtCT N0. 801. Notion c,irried on a Roll Call vote, five ayes. Petition from Improvements Creek Rustness RE SOLUI IGN N--1. 90-10 WROVING RAW lmffiFR N0. ?, NRO!I:CT 9U1 Item 9 -G -I Regula: Council Meeting 3enuary 2, 1990 Page 8 MOTION was made by Counc i lmember Vasl l lou, CHANGE ORDER N0. 2, WELL Councilmember Zltur, seconded by to adopt RESOLUTION N0, 90-11 APPROVING N0. 11 WATERMAIN, CITY PROJECT N0, 909. Motion carried on a Roll Call vote, five ayes. Counci lviember Helliwell asked what portion of the $7,670.65 for Change Order No. 1, West Medicine Lake Drive Trunk Utilities, Project No. 905, would be passed to the developer. Director Moore stated that developer. [tie remainder fi City. He explained there 1 the watermain now along with MOIION was made Councilmc.mber Zltur, CHANGE ORDER N0. 19 CITY PROJECT N0. 905. about $2,900 will he paid by the r watermain will be as ..,jmed by the s an economic advantage to install the sanitary sewer. by Councilmember Ricker, seconded by to adopt RESOLUTION 00. 90-12 APPROVING WEST MEDICINE LAKE DRIVE TRUNK UTILITIES, Motion carried on a Roll Call vote, five ayes. The Council reviewed the Preliminary Engineering Report fur Vinewood Lane/C.S.A.H. Area street and utility improvements. Project 948, Councilmember Helliwell questioned references in the report to the Schmidt Lake Road/I-494 Interchange. She asked If the Council is being asked to approve only the Vinewood Lane Improvement.. or something larger. Manager Willis stated the refereoices to Schmidt Lake Road/I-494 Interchange are part of the founfatlon and facts of the report. That work is already contempla ed In the Thoroughfare Guide Plan and will ultimately be required to accommodate lncredsed traffic. It is recommended that the COU1161 accept the report. There is no recommendation to move ahead with the project until the developer completes the final plat. MOIION was made by Councilmember litur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-13 RECEIVING PRELIMINARY ENGINEERING REPORT, VINEWOOD LANE/C.S.A.H. 9 ARTA, CITY PROJECT NO, 948. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember lltur, seconded by Councilmember Vaslliou, to adopt RESOLUTION N0. 90-14 RFDIICINC UEVFLOPMENT BOND, TYRELL FIFTH ADDITION (97019). Motion carrled or a Roll Call vote, five ayes. RESOLUTION N0, 90-11 APPROVING CHANCE. ORDFR N0, 2, PROJECT 909 Item *9-G-2 RESOLUTION N0. 90-12 ROV NC CHANGE nNnFR N'1. 1, PROJECT 905 I.em 9-G-3 RESOLUTION N0. 90-13 ArcriviRc PRFLIMIN—AWY ENGINt FRING REPORT FOR PROJECT 949 Item 9-H RESnLUTION N0, 90-14 DFVF LONMFNTDONT ACT BOND RrnUC T [ON TYRFLL EIF*TH ADDITION 970t'9) Ttem *9-I-1 Regular Council Meettng Oanuary 20 1990 Page 9 is 4t, (ION was made by Counct1mumber I_iEur, seconded by RESOLUTION N0. 90-11; Counaiimember Vasiliou, to adopt RESOLUTIOW NO. 90-15 REDUCING OrVELWEPIT CORTWW DEVLLOPAENT BOND, iYRELL SIXTH ADDITION (87105). BOND REDUCTION TYRCIL SIXTH ADDITION Motion carried on a Roll Coll vote, five ayes. (97105) Item NOTION was made by Councilmember Litur, seconded by RESOLUTION N0. 90-16 Counclimember Vasiliou, to adopt RESOLUTION NO. 90-16 REDUCING OEVELOPMENT M79W DEVELOPMENT BOND, SHILOH PINES ADDITION (88025). 90NC REDUCTION SHILOH PINES ADDTIION Notion carried on a Roll Call vote, five ayes. 189025) Item *9-I-3 Councllmember Vasiliou asked when the City's en, :neerinq agreement with Bonestroo, Rosene, Anderllk, and Associates, Defer Request for Rate Inc., will expire. Increasr., Enq!neerinq Aq reement Manager Witlis stated the agreement has been to effect ince Item 9-3 September 3, 1'V73, and iias no definite term. It is an agreement outlining work to be conducted by the firm when so directed by the City Council* Councllmember Vasillcu stated it may he appropriate- for the City Attorney to review this engiiseerinq agreement, as well as the 18 fity's other engineering agreements. MOTION was made by Councilmember VasIIlou, seconded by Councilmember Lith , to deter consideration of a rate increase f -)r Bonestroo, Rosene, Anderlik, and Associates tmtil the staff researches the existing agreement and reports back. Motion carried, five ayes. MOTION was made by C.)uncllnjember Picker, seconded by Councllmember Litur, to direct staff to obtain con;aarison rates from other engineering firms. Motion carried, five ayes. MOTION was made by Councilmember Vas illou, seconded by Councilmember Zltur, to direct the City Attorney to review the current engineering agreements and report b.ick. Notion tarried, five ayes. Is Regular Council Meeting January 2, 1990 Page 10 MOTION was made by CounclImcmber Zitur, seconded by ORDINANCE N0. 90-02 Councilme•nher Vasiliou, to adopt ORDINANCE N0. 90-02 AMENDING AMENDING TIKE FOR CITY SUBSECTION 200.01 OF THE PLYMOUTH CITY CODE PERTAINING TO COUNCIL MEETINGS COUNCIL MEETING TIME•., amending the time from 7:30 p.m. to 7:00 Item *9-K p.m. Manager Willis stated the Forum, which begins one-half hour before the third Monday regular meeting, will now be scheduled for 6:30 p.m. Councilmember Helliwell asked If thought had been given to televising the Forum on Channel 37. Manager Willis stated that many times no one appears for the Forum so it has not been done in the past. Notion carried on a Roll Call vote, five ayes. Manager Willis reported that since the last Council meeting, he and Assistant uoyles met with Medirine Lake Lines representatives to discuss any interest in extending the existing public transportation system contract. Manager Willis recommended the Council defer action until further discussions have been held. is MOTION was made by Councilmember Ricker, seconded by Table Award of Councilmember lit %r, to table award of contract for PlymoL'J. Contract for Plymouth public transportation system until January 22. Public Transportation System Motion carried, five ayes. Item 9-L John Wenner d/b/a Tom Thumb, 19425 Highway 55, appeared regarding renewal of gasoline service station licenses. Mr. Wenner stated he has been in business for 22 years and the outside storage has never been considered as a license condition beaore. He notes •e has seen businesses other than gas stattoos that have open storage and his situation should he treated the same. Steve Gerring d/b/a Mr. Gas, 11021 Highsvay 55, expressed concern that his establishment would have to remove pup machines and newspaper racks as a condition of license approval. He stated that these vending machine items should he considered similar to pay telgphories. Mr. Gerring stated that all huslnessPs should he given an opportunity for input if consideration is made ,shout the restricLive Interpretation of the City Code. Councilmember Vasiliou stated that these conditions sho0d not interfere with renewal of the gasol ine ser% I ce stat ton I trenses and these questions can later be addressed. t Regular Council Meeting January 2, 1990 Page 11 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0. 90-17 Councilmember lielliwell, to adopt RESOLUTION NO. 90-17 APPROVING APPROVING GASOLINE GASOLINE SERVICE STATION LICENSES FOR 1990, with no conditions. SERVICE STATION LICENSES FOR 1990 Motion carried on a Roll Call vote, five ayes. Item 9-M It was the concensus of the City Council that a Task Force be formed, including retail store and gasoline service station representatives and Planning Commissioners, to review the City Code standards on outside display, storage, and sale of merchandise in the Business Districts, and that a report be developed. MOTION was made by Councilmember Zitur, seconded by RESOLUTION N0. 90-18 Councilmember Vasiliou, to adopt RESOLUTION N0, 90-18 APPROVING PROVING CIGARETTE 1990 CIGARETTE LICENSE APPLICATION. LICENSE FOR 1990 Item *9-•N Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zltur, seconded by RESOLUTION N0, 90-19 Councilmember Vasiliou, to adopt RESOLUTION NO. 90 19 5ETTING SETTING HEARING ON HEARING TO CONSIDER SUSPENSION OR REVOCATION OF AN INTOXICATING LIQUOR LAW VIOLATInN OFF -SALE LIQUOR LICENSE TO BASS LAKE INC., 11540 COUMTY ROAD 10. OF BASS LAKE LIQUOR STORE Motion carried on a Roll Call vote, five ayes. Item *9-0-1 NOTION was made by Councilmember Zitur, seconded by RESOLUTION NO, 90-20 Councilmember Vasiliou, to adopt RESOLUTION NO. 90-20 SETTING SETTING HEARING ON HEARING TO CONSIDER SUSPENSION OR REVOCATION OF AN INTOXICATING LIQUOR LAW VIOLATION ON -SALE LIQUOR LICENSE TO FUN FOODS INC., 3005 HARBOR LANE. OF FUN FOODS, INC. Item *9-0-2 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Approval of 1990 Ctty Councilmember Zitur, to approve the 1990 City Counctl Calendar. Counctl Calendar Item 9-P Notion carried, five ayes. MOTION was made by Councilmember Helliwell, seconded by RESOLUTION N0. 90-21 Councilmember Zitur, to adopt RESOLUTION NO. 90-21 APPOINTING APP61NTING M RIA DEPUTY MAYOR FOR 1990, appointing Councilmember Vasiliou. VASILIOU AS DEPUTY MAYOR Motion carried on a Roll Call vote, five ayes. Item 9-0-1 MOTION was made by Councilmember Vasiliou, seconded by RFSOLUTION NO. 90-22 Councilmember Zitur, to adopt RESOLUTION NO. 90-22 DFSIGNATING MIMNATTNG WFrKL OFFICIAL NEWSPAPER FOR 1990, designating the Weekly News, wtth NEWS AS OFFICIAL the condition that distribution Is provided In all four rtp rode NFWSNAPFR areas of the Ctty. Item 9-0-7 is Regular Council Meeting aanuary 2, 1990 10 Page 12 Councilmember Vasil:ou stated the Weekly News has agreed to provide home delivery, provides pickup service at a large number of public places in Plymouth, and has done an admirahle job of covering Plymouth City Council meetings in person. Councilmember Zitur agreed that c.*signation of the official paper should be varied. Councilmember Helliwell stated she supports the Plymouth Post as the official paper because of its subscription format, name, and coverage area. She suggested giving each newspaper representative the opportunity to address the Council. Mayor Berg ran noted that 16,000 copies of the Weekly News are available in Plymouth and there are only 2,000 subscriptions to the Post. Even though the Weekly News is not a subscription paper, more residents are probably reading it than the Post. Councilmember Ricker commended the Weekly News for its diligence In sending a reporter to cover the City Council meetings over the last year. He stated that when special notices are required, the City will still use all newspapers. MOTION to amend was made b;# Counclimember Zitur, that the will use both the Weekly News public notices. Councilmember Ricker, seconded Ivy City Manager, in his discretion, and Plymouth Post for significant Motion to amend carried, four ayes, Helliwell nay. Main motion as once amended carried on a Roll Call vote, four ayes, Helliwell nay. MOTION was made by Councilmember Vas llou, seconded by Councilmember litur, to adopt LIE',;OLUTION NO. 90-23 APPOINIINC FFICIAL DEPOSITORIES FOR CITY FONDS FOR 1990. Motion carried on a Holl Call vote, five ayes. MOTION was made by Counctlmember Ricker, seconded by Councilmember Zltur, to adopt RLSOLUTION N0, 90-24 RATIFYING SURETY AND BLANKET BONDS FOR CITY L=MPLOYE F S FOR 1990. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-4115 DI'SICN4T ING CITY HEALTH OFFICER FOR 1990. Motion Carried on a Roll Call vote, five girds. RFSOLUTION N0, 90-23 APPO NTiNG OFFICIAL. DFPOSI TORIFS FOR 1911, Item 9-0-3 RFSOLUTION NO, 90 -?4 A IFYINC S R . Y AND NLANKL- T HONDS FOR C I T Y F MPLOYFFS Item 9-0-4 RF SOLUTION NO. 1010 -?S ITSIGNATINC CITY HI AL T H OH -1011 ION 1990 Item 9 0-5 C7 Regular Council Meeting January 2, 1990 Page 13 MOTION was made by Councilmember Zltur, seconded by Councilmember Helliwell, to adopt RFSOLUTION NO, 90-26 APPOINTING COUNCIL COORDINATING REPRESENTATIVES FOR 1990. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vaslliou, to adopt RESOLUTION NO. 90-27 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY, designating Public Works Director Moore as Director and Mayor Bergman as Alternate. Motion carried on a Roll Call vote, five ayes, MOTION was made by Councilmember Ricker, seconded by Councilmember Zltur, to adopt RESOLUTION NO. 90-29 DESIGNATING L -'RECTOR AND ALTERNATE DIRECTOR TO THE ELM CRFEK WATER CONSERVATION DISTRICT, designating Public Works Director Moore as Director and Vern Peterson as Alternate. Motion edrrted on a Roll Call vote, five ayes, MOTION was made by Councilmember Zitur, seconded by Councilmember Hellir.ell, to adopt RESOLUTION NO. 90-29 DESIGNATING DIRECTOR AND ALTERNATE: DIRECTOR TO THE BASSET T CREFK WAtTERSHED MANAGEMENT COMMISSIUN, designating Rjbltc Works Director Moore as Director and Engineer Sweeney as Alternate, Motion carried on a Roll Call vote, five ayes. MOTION was made by Counclimember Iltur, Councilmember Vastllou, to adopt RESOLOTTJN DESIGNATING DIRECTOR AND ALTfRN\TE DIRECTOR TO THE - WATERSHED MANAGE:MLNT COMMISSION, destgnatinq Director Moore as Director and Engineer Sweeney as Motion carried on a Roll Call vote, five ayes, s00011ded by NO. 90-30 SHINGLE CREEK Public Works Al ternate. MOI ION was Mdde by Councilmember Ricker, seconded by Councilmember VastIlou, to appoint Counctlmembers Ilelllwell .end Zitur to the Special Assessment Committee, Motion carried on a Roll Call vote, five ayes, MOTION was made by Councilmember litur, seconded by Councilmember Vastltou, to adopt RESOLUTION NO. 90-31 AI'POINfMENT 10 WL -ST IR MNE VIN SCRViLLS PLANNING I30ARC), ,tppotnt lnq Joy Tierney. 0 Motion carried on a Roll Call vote, five ayes. RESOLUTION N0. 90-26 APPOINTING COINICIL COORDINATING REPRESFTNATIVES FOR 1990 Item 9-0-6 RESOLUTION N0. 90-27 APPOINTING DIRMOR AND ALTERNATE TO SUBURBAN RATE AUTHORITY Item 9-0-7 RESOLUTION NO, 90-29 l)ESIGNATINr, IIIRFCfOR AND ALTFRNATE f0 FLM CREFK WATER I) w [fT Item 9-0-7 RESOLUTION NO, 90-29 DESIGNATING DIRFCfOR AND ALTFRNATC TO RASSF T T CREEK WATE It COMMISSION Tt em 9-0-7 RESOLUTION NO, 90-30 bT.SI ,NATTNG f)TRF C7 TOR AND AI -TE RNATE TO SIIINGI_F CRFI-K WATI R COMMISSION Item 9-0-7 ppolntments to Special Assessment Committee Item 9-0-7 RFSOLUTION N0, 90-11 1PPOINTMENT TO W! ST TIE NNE PIN SURVICI S PLANNING 110ARI1 Item 9-0-7 Regular Council Meeting January 2, 1990 Page 14 MOTION was made by Councilmember Vasillou, seconded by Councilmember Zttur, to adopt RESOLUTION NO. 90-32 APPOINTMENTS f0 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, appointing Milt Dale to the Executive Committee and Deborah lilhler to the Advisory Committee. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Helliwell, APPOINTING REPRESENTIVES COMMUNICATION COMMISSION, Willis. Councilmember Zitur, seconded by to adopt RESOLUTION N0. 90-33 TO THE NORTHWEST SUBURBS CABLE appointing Mayor Bergman and Manager Motion carried on a Roll Call vote, five ayes. MOTION oas made by Councilmember Vasiliou, seconded by Councilmember Helltwell, to nominate Helen LaFave for appointment to the Northwest Suburbs Community Access Corporation. Motion carried, five ayes. MOTION was made by Councilmember litur, seconded by Councilmember Helliwell, to appoint Lloyd Ricker to the School District 284 Joint Powers Agreement Committee. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 90-34 APPOINTING REPRESENTATIVES TO THE MUNICIPAL LFCISLATIVF COMMISSION, Appointing Mayor Bergman and Manager Willis. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded Councilmember Helliwell, to appoint Mayor Bergman Councilmember Vasiliou as legislative contacts for Association of Metropolitan Municipalities. Motion carried, five aye3. MOTION was made Councllmember Ricker board members the Councilmember litur Hennepin), to a term RESOLUTION N0, 90-3? APPOINTMENTS TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Item 9-Q-7 RESOLUTION N0. 90-33 APPOINTMENT T0 NORTHWEST SUBURBS CABLF Ct`F %iUNICAT ION COMMISSION Item 9-Q-7 Appointment to Northwest Suburhs Community Access Corporat i,)n Item 9-0-7 Appointment to S.D. 284 Joint Powers Agreement Committee Item 9-0-7 Appointments to Municipal Legislative Commission Item 9-Q-7 by Appointments for and Legislative Contarts the for Association of Metropolitan Municipaltttes Item 9-Q-7 by Councilmember Zitur, seconded by 1ppointment to CASH to direct staff to add to the list of rk)ard appointment by Hennepin County of Item 9-0-7 o the CASH Board (Community Artlon Suburban expiring in 1991. is Motion carried, five ayes. Regular Council Meeting 3anuary 2, 1990 Page 15 The Council revieweJ the proposed Improvements Program. 1990 - 1994 Capital Director Wore reported that the Metropolitan Council approved an amendment to the City's Comprehensive Plan revising the Urban Service Area as comprehended by the 1980 Staged Development Plan. Director Moore explained that the proposed Capital Improvement Preigram does not provide for the extension of streets or utilities within Sanitary Sewer Districts NW -17 and NW -19 (north of County Road 9 and west of Vicksburg Lane) during the five year program. Following City Council approval of the Capital Improvements Program, engineering consultants will be directed to prepare Preliminary Engineering Report-. for those projects planned for 1990 construction. Roman Roos, Rome Corporation, requested that the Council consider extension of utilities westerly on Penny Lane to service an approximate 35 -acre parcel immediately outside the Staged Development Plan area. Director Moore responded that the action requested by Mr. Roos may create an overabundance of land available for development and may lead to additional requests. He stated it is possible that more properties, specifically farmland, could become tax delinquent when the improvement assessments are levied. Councilmember Ricker noted that there would also be financial IMplirations beca4ise the City would expend dollars initially for the improvements. Councilmember Helliwell suggested that the Council hold a study session to discuss the Capital Improvements Program in more detail. The Council deferred this Item to a Study Session at 1;00 p.m. on January 22, Counriimember Vasiliou requested that prior to that meeting, the Park Director meet with representatives of the four school districts regarding the baseball/soccer field questions raised at the December 18 meeting. Terry Forbord, Lundgren Brothers Construction, urged the Council Lo take action on the Capital Improvements Program as soon AS possible. 0 1990 - 1994 Capital Improvements Program Item 10-A Regular Council Meeting January 2, 1990 Page 10; Director Moore stated that the state law regarding solid waste disposal adopted several years ago established that after 3d nuary 1, 1990, no yard waste could go into a landfill or solid waste processing faclllty. Hennepin County then adopted an ordinance requiring cities to initiate a recycling program. If a city did not comply, the County would Initiate a program and charge the cost of the program to the city. The ordinance also provides that It is the County's responsibility to establish a composting program for yard waste. The County has had problems establishing a r.ompostlnq site and, therefore, are considering passing this responsthility onto each city. Director Moore stated It is staff's position that this responsibility is that of Hennepin County. He stated that more Information should be available by the Council's next meeting and a report will be presented at that time. The Council discussed the ordinance regarding insurab ce coverage for councllmembers. Mayor Bergman shared citizen concerns that if a councilmember chooses not to be covered under the City's Insurance, s/he would be paid the amount of the City's normal contribution. Mayor Bergman also stated the normal practice in private business is to pay coverage only for the tndlvidtial employee, not their is family. Councilmember Helliwell agreed that councilmembers electing not to carry the City's insi rance should not receive a like amount In cash. Councilmember Ricker stated that he w-)uld not be In favor of any councilmember receiving money In lieu of the Insurance contribution; however, if a Councllmember is covered tinder another Insurance policy, they should he allowed to have the City pay a like amount of the premium. Fie suggested that such a payment be made directly from the City's Finance Department to the lnselrdnee company, rather than through the councilmember. Manayer Willis respunded to a question by CouneIImember Vaslltou. He stated that previous counctlmemhers electinq to continue insurance coverage, must pay the total premium with no City contribution. Stdte law provides that all former employee's may retain insurance coveraye for 19 months after they lr,,1ve city service. 0 Report on Hennepin Catinty proposal for Disposition of Compost Materials Item l0 -B Insurance Coverage for Councilmembers Item 10-C Regular Council Neeting January 2, 1990 Page 17 MOTION was made by Councilmember Ricker, seconded by Councilmember Ittur, to direct staff that if a councilmember has a policy other than the City policy, the City mail the normal premium amount directly to the insurance carrier, rather than to the Councilmember, and that all councilmembers be treated the same as regular City employees. Motion carried, five ayes. Councilmember Vasiliou requested that the policy for use of the Fire Station III physical fitness facility designate priority to public safety employees over other employees and counctlmembers. Councilmember Vasiliou asked if a response has been sent to Howard Johnson, 4940 Yorktown Lane, regarding his questions on a senior citizen rate for water and sewer charges. Ranager Willis stated that reduction would be age or addressed by the Council. Issue* policy questions such as whether the income based need would need to be Staff has not investigated the Finance Director Hahn stated that receive a benefit because Plymouth other cities a flat monthlysome residence pays the same amount. Councilmember Vasillou proposed Waste Transfer Informational Memorandum Is available. many senior rItitens already rates are based on usage. In rate is charged, where each requested that status Station be Included in each week, even when no report on the the Manager's ew Inform,itton Manayer Willis responded to a question by Councilmemhe:r Vasiliou. Hennepin County Parks have paid the total special assessment previously owed the City. The Council directed retiring Assistant tnvesttyator Michael City@ that letters be sent by the Mayor to Fire Chief Ralph Req in and Poltce Ridgley for their years of service to the Councilmember Iltur requested and the number of pollee discussed by the Council tit a that the deer problem In Plymouth department lock -out rpokiests he future study session, the meeting was adjourned 4t 11:34 p.m. City Clerk Fire Station III Physical Fitness Facility Senior Citizen Rates for Utility Charqes Proposed Waste Transfer Station Hennepin Countv Special Assessments Letters of Apprectatttin Deer and Pol Ice Lock -Out Re*giiests t++ Study Session