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Home My WebLink AboutCity Council Minutes 02-08-1990MINUTES RECONVENED REGULAR COUNCIL MEETING February 8, 1990 The reconvened regular meeting of called to order by Mayor Bergman Chambers of t)e City Center at February 8, 1990. PRESENT: Mayor Bergman, Vasiliou, Iitur ABSENT: None the Plymouth City Council was at 7:00 p.m. in the Council 3400 Plymouth Boulevard on Councilmembers Helliwell, Ricker, STAFF PRESLNT: City Manager Wilits, Assistant Manager Boyles, Public Works Director Moore, Community Development Director Tremere, City Attorney Thomsen, and City Clerk Rauenhorst PETITIONS, REQUESTS AND COMMUNICATIONS Manager Willis stated that the Public Works Director has recommended destanatinn of consulting engineers for the 1990 Capital Improvement Projects which were approved by the City Council on February 5. Manager Willis explained each project and the recommended engineering consultant. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-101 ORDERING PREPARATION OF PRELIMINARY REPORT, MEDINA ROAD - STREET AND UTILITIES, BROCKTON LANE 1.0 COUNTY ROAD 24. Motion carried on a Roll Call vote, five ayes. F,JICH was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION N0. 90-102 ORDERING PREPARATION OF PRELIMINARY REPORT, WEST MEDICINE LAKE DRIVE - STREET AND UTILITIES, 45TH AVENUE TO SCHMIDT LAKE ROAD, S(;HMIDT LAKE ROAD WATERMAIN, WEST 601EDICINE LAKL DRIVE TO PINEVIEW LANE. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-103 ORDERING PREPARATION Of PRELIMINAR`t REPONT TiUNK WATERMAIN, COUNTY ROAD 101 - WATER TOWER TO COUNTY ROAD 7 COUNTY ROAD 9 - PEONY LA11F TO V'CKSBURG LANE. Motion carried on a Rill Call vote, five ayes. 0 Capital Improvement Program Item 9-C RFSO'.UT ION N0. 90-101 ORDFRING PRELIMINARY REPORT, MEDINA ROAD - BROCKTON LANE TO COUNTY ROAD 24 Item 8-G RESOLUTION N0, 90-102 ORDERING PRFLI MINARRY REPORT, WEST MEDICINF LAKE DRIVE, SCHMIDT LAKE ROAD WATERMAIN Item 8-C RESOLUTION N0. 90-103 ORDERING PRFLIMINARY REPORT, COUNTY ROAD 1019 COUNTY ROAD 9 Item A -G r Regular Council Meeting February 8, 1990 Page 48 MOTION was made by Counctlmember Vasillou, seconded by Councilmember Helliwell, to ad%t RESOLUTION NO. 90-104 ORDERING PREPARATION OF PRELIMINARY REPORT, TRUNK WATERMAIN, SCHMIDT LAKE ROAD - MINNESOTA LANE TO FERNUROOK LANE, FERNBROOK LANE - SCHMIDf LAKE ROAD 10 47TH AVENUE. Moticn carried on a Roll Ca l vote, five ayes. MOTION was made by CounclImember Vaslliou, seconded by Councilmember Helliwell, to adopt RESOLUTION N0, 90-105 ORDERING PREPARATION OF PRELIMINARY REPORT, WELL NO. 13. Motion carried on a Roll Call vote, five ayes. MO[ION was made by Councilmember Vasillou, seconded by Councllmember Helllwell, to adopt NO. 90-106 ORDERING PREPARATION OF PRELIMINARY REPORT, NORTHWEST TRUNK SANITARY SEWER* Motion carried on a Roll Call vote, Five aye:.,. MOT ION wds nwde: by Councilmember Vas i 1 iou, seconded by CouncilmemLer Helliwell, to adopt RESOLUTION NO. 90-107 ORDERING PRLPARAFION OF PRFLIMINARY REPORT, NORIHCENTRIL TRUNK SANITARY SEWER. Motion carried on a Roll Call vote, five ayes. MO I ION was made by Cotrnc I lmemFer Vas I I tort, seconded by Councilmember Helliwell, to adopt RISOLU[ION NO. 90-104 ORDFRtNC PREPARATION OF PREL[MINARY REPORT, FOND/DRAINAGE PONE) HC -PI. Motion carried w-, a Roll Call vote, Five ayes. MUT ION was made by Coune l Imemher Councilmember hLur, to adopt lit -SOLUTION RE DUC [ TUN OF SITE PERFORMANCE GUARANTF F S FOR VICKSBURG APARIMENTS (97131). flicker, seconded I)v NO. 90-109 AUTHOR I I ING FOR W11 -SII CONSTRUCTION DlrecLor Iremere stated that the proposed resolution vontainti a cundittort t.liat stop signs he Inst-illed ronslstent with the% approved site plan at drtveway access points to Rork Ford Roarl and Vlckshurq Lane. The developer itr ill-rstands the vondit ion. Motion ca rr l end on a Roll Call votr, f lve as -es. In responsv to a quv%t ton by Coune l l nemher tit -1 1 tweel t Commin 1 t v Deveilolxnent Director Irvaiture, explained why in enelInver's as -but It plan Is rvqutred hr1or to they rel ase or ret(lttrtIon of 0 any sl ter lmprovemrnt homds. RESOLUTION NO. 9U-104 ORDERING PRELIMINARY REPORT, SCHMIDT LAKF ROAD, FERNBROOK LANF Item A -C RESOLUTION NO, 90-105 ORDERING PRFLIMINARY RFPORT, WFLL NO, 13 Itetm R -C RF SOLUTION NO. 90-104 0 DI R NG PR IMINARY REPORT, NORTHWES1 TRUNK SANITARY SFWFR Item A -G RESOLUTION N0, 90-107 ORnERING PRFLTMINARY REPORT, NOR f liCF N T R At. TRUNK SANITARY SF -WI R Item ;4-C R[SOLO]ION NO. 90-108 ORDERING PRFLIMINARY Rt PORT, DRAINACI POND tic -P1 Item ce-C RESOLUTION NO. 0-101) RF OUC T ION OF' FINANCIAL GUARANTF t FOR V I CKSBURG 11 1R I tit N I S 471 11) Item 4-T-1 Regular Council Meeting February 8, 1990 Page 49 MOTION was made by Councilmember Ricker, seconded by RESOLUTION N0, 90-110 Councilmember Zitur, to adopt RESOLUTION NO. 90-110 AUTHORIZING REDUCTION OF FINANCIAL REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BOSSARDT CORPORATION GUARANTEF I -OR FOR INDUSTRIAL PARK BUSINESS CENTER (89065). INDOSTRIAL PARK RUSINF. S CENTER Motion carried on a Roll Call vote, five ayes. (99065) Item 9-I-2 Councilmember Vasillou asked why the proposed development bond reduction for Gleason Lake School Addition makes no reference to the rooftop screening requirement. Director Moore stated this development bond Is only for puhlle Improvements; not private improvement^•. MOTION was made by Councilmember Vdslliou, stconded by RESOLUTION NO. 90-111 Councilmember Zitur, to adopt RESOLUTION NO. 90-1.11 REDUCING ROU NG D-VFLOPMFNT DEVELOPMENT BOND, GLEASON LAKE SCHOOL ADDITION (99036). MOND, GLFASON LAKF SCHOOL ADDITION Motion carried on a Roll Call vote, five dues. (RNo ujl Item .h -N Manager Willis stated that expanstoii of the Hihltc Works Maintenance building is proposed In the adopted 1990 Capital Improvement Program. The new Public `afety huildinq Is included In the 1991 Program recommended ')y staff, but not yet adopted by the Council. Manager Willis recommended that the Coipnrtl establish arch i Lee Lura I selection committees for the two projects. Attorney Thomson stated that since the grouns wlII his offle[a] committees of the Council, each Is seibject to the open meeting law and legal noLtce of meeL[ngs nest he provided. MO i LON was made by Counc t Imember t t tor, seconded ' y Rt-%%')' X11 WN NO o 90-1 l Counc t 1 member Vas i l iou, to adopt h SOLUT ION NO. 90-112 PIRILIc 41 Bolt.; ARCHT TFC CTURAL WORKS MAINIE NANCE 13UILJING - ARCHI FEC IURAL SFLFCT ION COMMIT if F , SFLF CT 10N COMMI 1 It t - dpl)otnttng Counellmembe,rs Vasilioei and Willweall, and Mayor P(16L[C SAIF TY IILDC. Hei;ogman as Councl L representat Ives. Item 8-0-1 Mol ion carr Lt d on a Ro I l Call vote, rive ayes. NOTION was mode by Coune t lmrmber l I tor, seconded by RF SOLIII ION NO. 90-113 Councilmember Va4'i liou, to adopt RI_SOLUTION NO. 90-113 PUIILIC APPOTNT AR T I GI 1l - S -4I TY BUILDING - Al'1101;1TMENT OF ARCH II-CIURAL SI LFC'T ION S1_1YC1 ION COMMI T 11 1 - COMMIiILL, appoIit Ing CouneiImembers Ricker and IItur and Mayor 11011- IC WORKS Ni,rgmnn as Coeiat-I I represeol.e lve %. MAANII NANCI I ACILTTY Item h-0 Meet Lon carried on a Roll Ca I I vote, five aV11%. 0 Regular Council Meeting February 8, 1990 Page 50 MOTION was made by Councilmember Helli veil, seconded by Councilmember Vasillou, to adopt RESOLUTION NO. 90-114 AMENDING FIRE CODE APPEAL PROCESS. Motion carried on a Roll gall vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Litu r, to adopt RESOLUTION AMENDING PARK DEDICATION POLICY, increasing dedical.lon fees. Cruncilmember Vasiliou stated she would not support an increase In fees because the commercial/industrial. fees need to be ompetitive with other communities. Mayor Bergman existing monies dedication fees* stated there may he other ways to allocate for park purposes, rather than increased SIRiSTITUFI MOTION was made by Councilmember Vasillou, seconded by Coul ct lmtambr kicker, to adopt RF SOLIIf ION 90-115 AMU NDING PARK DEDICATION POLICY, with policy lanquaqe amendments and no increase in fees. Motion carried on a Roll Call vote, five ayes. Mdnager Willis stated Robert Holsclair has requested a study session with the City Council to discuss the states of senior citizen housing development. MOTION was made by CouncIImembfr VasilLOU, seconded by Councilmember Ricker, to defer cot sideration of senior citizen Dousing to a study session on February 26. Motion carried, Five ayes. i Inane v Director Hahn ic curt. He .%rplaln bd funds and recommended additional w -iter meter ref In i shincl, dnd Public presented the 1989 Undudited Flnanr.lal the financial eonditinn of various City that fund t-ansfers be apprnved for replacement, water tower refurbishing and Works building a%pansion. MOIION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-116 APPROVING IH1 RI SLRVA1ION OF' (BUNDS WITHIN THE WkIER I'UND FOR WATER MF 11"H iE PLACI Ml N 1, Motion carried ow, a Roll Call vote, Five aves. RESOLUTION N0, 90-114 AMENDING FIRE CODE APPEALS PROCESS Item 8-R-1 RESOLUTION NO. 90.115 AMENDING PARK DEDICATION POLICY Item 9-R-2 Senior Citizen Iouslnq Item 10-A 1999 Unaudited Financial Reports Item 10-13 RFSOLUTION NO, 90-116 APPROVING RF'SFRVAIION OF' FUNDS FOR WATFF MF TF R RI-PLACF MI N F Item 10.11 Regular Council Meetinq February 8, 1990 Page 51 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasillou, to adopt RESOLUTION N0, 90-117 APPROVING THE RESERVATION OF FUNDS WITHIN THE WATER FUND FOR WATER TOWER REFURBISHING AND REPAINTING. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-118 APPROVING THE RESERVATION OF FUNDS WITHIN THE WATER FUND FOR THE PUBLIC WORKS FACILITIES EXPANSION. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Ricker, seconded by Councilmember Vasillou, to adopt 9ESCLUTION NO. 90-119 APPROVING T4E RESERVATION OF FUNDS WITHIN THt SEWER FUND FOR THE PUBLIC WORKS FACILIIIES E"PANSION, Motion Parried nn a Rall Call vote, five ayes. Couiecil reviewed a report on temporary real estate signs andThe enforcement cif Zoning Ordinance violations. Councllmember Vasil'ou agreed with the report that enforcement Is a problem. Couneilinember Richer stated this is an enforcement area that could g•:t very expensive. He stated that people expect to see some real estate signs and it has not posed a big problem or generated a great number of complaints to date. Councilmember Zltur stated he does not wish to spend a great deal of money on enforcement because It is not a Md.jor problem. ComnxinlLy Director iremere expla;.ned that a lot of staff time is spent enforcing the sign regulations in the 7onine Ordinance. Fie: stated there may be a perception that more, rigorously enforced because the City Immediately remove signs -n the publir enforcement means must be used for signs o sone v lol.jt Ions are' only has authority to rlght -of -way. Other n private property. Ui rector Tremere noted that a s tqn plan antandment request from Prime Develo{vne1nt was prey ious!y scheduled for the February ?A Council agenda; however, :he regeiest may he withdrawn. He w 1 l t report on the status of this request. 0 RESOLUTION N0, 90-117 APPROVING RESFRVATION OF FUNDS FOR WATER TOWER REFURBISHING Item 10-B RESOLUTION NO. 90-115 A ROVIN R-SFRVATION OF FUNDS FOR PUBLIC WORKS BLDG. EXPAMSION Item !0-B RESOLUTION N0, 90-119 APPROVING RESERVATION OF FUNDS FOR PUBLIC WORKS BLDG, EXPANSION Item 10-B Report on Tempor-ary and Real Fstate Slqns Item 10-D Regular Council Meeting February 8, 1990 Page S? MOTION was made by Councllmember Vastilou, seconded by Councllmember Zitur, to direct staff to identify portions of the Zoning Ordinance that should be mi-idifted or Plimtnated for Wicient and fair enforcement of temporary real estate and similar signs, and draft necessary emendw-ents for consideration and hearing, by the Planning Commission. Motion carried, five ayes. The Council performance reduction o buildings landscaping* reviewed a report regarding site improvement agreement provisions relative to City Council financial guarantees and to occupancy of new which .involve site improvements including Director Tremere stated that the City Attorney has stated that the "ouncil has discretion relative to reduction of financial guarantees; however, If the traditional prauttce of reducing financial guarantees .eased upon site Inspections and ltemizatton of work done and remaining Is to change, the City Council should formally establish a policy. Councllmember Vasil:iou stated concern that landscaptnj Improvements not be delayed until all other impro%ements are complete, and noted Instances where landscapinq was still not complete after several years of occupancy. An Incentive Is needed Ire many cases. Manager Willis stated that landscaping should be completed within the construction season In most cases. Director Tremere stated that staff can be mors aggressive In tracking the completion date for landscaping and other Improvements. Also, developers can submit sep.jrate guarantees for improvements. Councllmember Vasillorj stated this is particularty important where a site abuts a presidential neighborhood, MC I I014 was made by Counc i lmembe r Va s i l lou , :;•:conded by Councllmember Ricker, to accept the staff report and dlrect staff to aggressively enforce landscaping) completion dates. Moi torr Carried, f the ayes. MO T ION was made by COUne l Imembe r 1 l to r, seconded by Counc I. lrnember Vast l Lou, to adopt RFSOLUT LUN NO. 90-1?O APPOINTMENTS TO PLANNING COMMISSION, reappointing MIvhavI Stulberg and Uennts .'ylla to two year terms. eMotion carried ori ti Ru l t Cal t vote, f tve- ayes. Report on Financial for Site Iters 10-E Reduction of Guarantees Improvements RFSOLUT ION N0. 90- t?O PI-.ANNING COMMISSION 1PPO[NIMENTS Item In -1; is Regular Council Meeting February 8, 1990 Page 53 MOTION was made by Councilmember Zltur, Councilmember Vds1110u, to adopt RESOLUTION AF'POIP!TMENT TO THE HOUSING AND REDEVELOPMEN appointing Lloyd Ricker to a five year term. Motion carried on a Roll. Call vote, five ayes. MOTION was made by Councilmember 7ttur, Councilmember Vast Ilou, to adopt RESOLUTION APPOINTMENTS TO PARK AND RECREATION ADVISORY appointing Marlene Waage and reappointing Barbara. Donald Anderson to two year terms. Motion carried on a Roll :all vote, five ayes. second :d by NO. 90-121 T AUTI.ORITY, secoadre by NO. 90-122_ COMMIS!'OION, Edwards and MOTION was made by Councilmember I_ltur, seconded by Councilmember Vaslliou, to adopt RE OLUTION NO. 90••123 APPOINTMENTS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS, appointing Robert Mueller, Donald Butler, and Church Ulmer to two year terms. Motion carried on a Roll Call vote, five ayes. Mayor Bergman appointed Richard Plufka as Chalrper-.on •.ono Michael, Stutberg as Vice Chairperson of the PI-S.ining Commission for one year terms. 14ayor Bergman appointed Jay Naftzger as Chairperson of the 9oard of Zoning Adjustments and Appeals for a one year term. Mayor Bergman appointed Frank Freels as Chairperson of the Park and Recreation Advisory Commission for a one year term. Manager Willis stated that Rottliind Company Inc., has requested an amendment to the F'Inal Plat and Development Contract for Lake Camelot Estates 3rd Addition. He presented A proposed resolution which would change the developer name from Harstad Companles to the Rottlund Company, Inc., and change the (iat(• work will commence from October 1, 1989 to March 1, 1990. Manager Willis stated the Community Development Director, Public Works Director, and City Attorney have worked with "ottlund Company to find a way to achieve the (lestred changes And maintain the integrity of the development .ontrart. Manager Willis explained each of the proposed Condit lens to bo met prior to filing the Amended Final VIat. Fie -\11l.il11ed the propused reso lu t ion Includes required sahm i t to l o .1 'I l '14 11 cash escrow or irrevocable letter of credit -o%vi-Itiq t'(e 0 public/private improvements for Lake Comelot t state •. it0 to RESOLUTION NO, 90-1?1 HOUSING AND REDEVELOPMENT AUTHORITY APIPOINTMFNTS Item 10-G RESOLUTION NO, 90-127 PARK AND RECREATION ADVISORY COMMISSION APPOINTMFNTS Item 10-G RESOLUTION NO. 90-123 APPOINTMENTS TO -BOARD OF ZONING ADJUSTM[= N TS AND APPEALS Item 10-G Ap,jotntment of Commission Chairpersons Item 10-G Regular G,uncil Meeting February 8, 1990 Page 54 ensure the corrective actions relating to the homeowner assoclatlon documents and conveyance of certain outlots to the homeowner association. Counclimember Helliwell stated that several outlots proposed for conveyance to the homeowner association have delinquent taxes. She asked If the homeowner association could ultimately be held responsible for payment of the delinquent taxes. Attorney Thomson stated that property to be conveyed cannot be recorded if taxes are delinquent. He stated that, in the City's opinion, the origintil developer 'Ids not complied with the conditions set forth In the Development Contract. He recommended attoption of the proposed resolutions to ensure that the Clty and affected residents are protected. MOIION was made by Counctlmember Ittur, seconded by RESOLUTION N0. 90-124 Councilmember Vasltiou, to adopt RESOLUTION N0, 90-124 APPROVING APPROVING A N D UO AMENDED RPUD FINAL PLAT AND DEVELOPMENT COe4TRACT FOR LAKE FINAL PLAT AN) CAMELOT ESTATES 3RD ADDITION (890441 (RPUD 86-1). DEVELOPMENT CONTRAC FOR LAKF CAMFLOI Mntion carried on a Roll Call vote, five ayes. ESTATES 3RD ADDN. 99044) was made by Counc I t member Iltur, seconded by Item 10-HMOTION Councllmember Vasiltou, to adopt RESOLUTION NO. 90-125 SETTING RESOLUTION NO. 90 125 CONDITIONS TO 11E MET PRIOR TO FILING OF AND RELATED TU T11EE I NATO AMENDED FINAL PLAN, FINAL PLAT AND DEVELOPML-'NT CONTRACT FOR LAKE HF MET PRIOR TO FILING CAMELOT ESTATES 3RD ADDITION (69044) (RPUD 86-1), with the RESOLUTION NO. 90-1?4 addition of the language "In Resolution 89-243" in Condition Item l0 -H No. 2. Motion carried on a Roll Call vote, five ayes. The Council established a study session for Saturday, February Study Sessions 24, heginiiing at 9:3U a.m. and for Monday, Februciry ?6, beginning at 4:30 p.m., both at the City Center. MOTION was made by May0V Ilergman, seconded by Councilmember Solicit Proposals fir Vasillou, to direct the City Manager to receive proposals for City Attorney Services the position of City Attor1ley and place his recommended appolntment on the March 5 Council agenda. Motion carried, five ayes. Councilmember Vasillou stated that City meettnq announcements City Imeetinq can be placed in the Star-Trtbune: Community Section, She Ann'uuiremeants asked staff to submit meetinq times for inclusion, Councilmember Lttur requested that Cotitioll ma[l dealtveiry hey as Counoltmvmber Mall timely as possible, which may mean deltvr inq on additional pa ke on the weekend prior to a Counrll meet nq. 4egular Council Heeting February 8, 1990 Page SS 17 Councilmember tit<<r commended all those involved in the Fire %-^d Ice activlties. the meeting was adJ%o,:rned at 8:43 p,m, City Clerk Fire and Ire Festival