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HomeMy WebLinkAboutCity Council Minutes 03-05-1990i MINUTES REGULAR =NC I L MEETING March 5, 1993 The regular melPti ng of the Olymouth City Council was called to order by Rayor Berlsian at 7:00 p.m. in the Council Chambers of the City Cent.• at 3400 Plymouth Boulevard on March S. 1990. PRESENT: Mayor Bergman, Vas i ou, Zitur ABSENT: None. Councilmembers Helliwell, Ricker, STAFF PRESENT. City Manager Willis, Assistant Manager Boyles, Publ is Works Director Moore, Conn ini ty Development Director Tremere, Ci ty AtOrney Thomson, and City Clerk Rauenhorst PRESENTATION Addresses were randomly selected for the "That's Not Trash, It's Cash" recycling contest. PROCLAMATION Councilmember Helliwell remarked on the value of the Girl Scout Program and encouraged youth and adults to get involved in the program. Mayor Bergman proclaimed the week of March 12-16 as Girl Scout Week. CONSENT AGENDA Item 9-B (Final Plat and Development Contract for Bay Pointe) was removed from the Consent Agenda. MOTION was made by Councilmember Zitur, recclided by Councilmember Ricker, to approve the Consent Agenda as smended. Motion carried on a roll call vote, fiv., ayes. MINUTES MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to approve the minutes of the F;:hruary 26 Council meeting, Notion carried kin a roll call cote, five ayes, Rec;ciinq Contest Item 4 Girl Scout Week Item 5 Co • ent Agenda I tt .1 6 Minute Item *; iy t El 0 Regular Council March S, 1990 Pace 79 Meeti ng PETITIONS, REQUESTS AND COM14UNICATIONS w MOT;ON was made by Counci 1 vember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-189 APPROVING LOT DIVISION/CONSOLIDATION FOR STEVEN A. BURK ,90007) (RPUD 76-1). Motion carried on a roll call vote, five ayes. MOT I9N was made by Counci iraember Zitur, seconded by Councilmember Ricker, to adopt RE f)LUTION NO. 90-190 SETTING CONDITIONS TO BE MET PRIOR TO VILING AND REGARDING; LOT DIVISION/CONSOLIDATION FOR STEVEN A. BURK (90007) (RPUD 79-'r . Motion carried on a roll call vc te, five ayes . Councilmember, Helliwell stated that Paul Wirtz was rsnable to attend the counci? meeting nd requested t'nat sho read a statement on his behalf. Mr Wirtz indicated that the homeowners association is suptorti.e of retaining the natural preserve areas of Mooney Lake and particularly of the initial proposal to make Lot 20 (now Lot 13) a natural srea. The association believed that p:ivate meetings i nd threatened litigation forced the City to allow the lot as buildable rather than requiring dedication to the City to retain the lot in its natural state. The residents support the Lundgren Brothers Construction proposed project but asked that the Council require more of developers in the future. Attorney Thomson clarified that 'private meetings' in an open meeting law sense were not held. The developer may have had ongoing discussions with individual staff and councilmembers. Councilmember Vasiliou stated that the owners (Reiser) tolerated public encroachment on Lot 20, although it was private property. She reminced the Council of the City Attorney's a,ivice that City acquisition of th,u lot through required nark dedication may not be possible and the only othev alternative is ca,ih purchase. She stated that thi, is also an option for the re,idents. Courcilmembtr Zitur agreed that trespassing was a 0 lent on the Rei s --r property. Councilmember Ricker stated it was questionable whether the City could legally require dedication of Lot 20 because of its value in comparison to the entire proposed plat. RESOLUTION NO, 90-1 A9 D I V I: 1 0N/CONSOL IDAT T ON FOR STFVEN BURK 9000 7 ) Item *9-A k ESOLUTION NO, 90-190 SETTING O dE MET PRIOR TO FILING 90007) Item *9-A Final Plat Request fnr Bay Pointe (89005) Item 9•d P if is Regular Council 14eetinq March 5, 1990 Page 80 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-191 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. (89005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-192 SETTING CONDITIONS TO BE MET FRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. (89005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-193 ADOPTING ASSESSMENTS, PROJECT NO. 020, WATERMA!N AREA - BAY POINTE ON MOONEY LAKE. Motion carried on a roll call vote, five ayes. Community Develo;xnent Direi.tor Tremere stated that an Environmental Impact Statement (:IS) was required following t'%e Council's approval of an MPUD Concept Plan for Bass Creek Business Park at Highway 169 and County Road 10 (89061) requested by OPUS Corporation, The Council should determine adequacy of the ETS by whether the report has identified the s+gniticant environmental impacts of the proposed project and addressed the possibilities for mitigation of thcse impacts, He stated this phase of the process does not require the City or developer to mitigate each potential environmentdl impart identified. Implementation of mitigation efforts identified in the EIS would be considered in the subsequent phases of the project. The next step would be for the developer to proceed with platting of the development, then to submit detailed site plans for rine or more phases of the project, Attorney Walter Rockenstein, Faegre 8 Benson, represpntei OPUS Corporation. Mr, Rockenstein stated the EIS includes all the impacts of the development and possible mitigatio, factors that were identified by various portions and agerrie%, Bab Worthington, OPUS Corp01-3cion, was availahlp to answer questions. Pam Paulsen, 11680 Red Fix Drive, Maplc Grove, thAnked the City and OrU Corpor3t'-:r1 for attention to storm eater runoff in the EIS. She %Later' that optio• s fog- 1-unuff -ther than to Pike Lako and Eagle Lake should be cons;litar if!, Shp suggested that tno RESOLUTION NO. 90-191 APPOVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BAY POINTE AT Ml7ONEY LAKE 89005) Item 9-B RESOLUTION NO, 90-192 SETTING CONDITION5 TO BE MET PRIOZ TO FILING Item 9-B RESOLUTION NO. 40-193 ADOPTING > , PROJECT 020 Item 4-8 Final En•.ironmental mpact Stitpmrnt fir Bass Creek Business Park Item 9 -C Regular Council Meeting March S. 1996 Page 81 City could work with the City of Maplq Grove on mitigation efforts to improve the qua 1 i ty of the 1 a..e water, Ms, Paulsen requested haat the EIS approval be postponed until environmentally swind decisions can be made. Ms. Paulsen stated the Oakwood Shores housing development is an example of poor p : anni ng by the City of Plymouth, The project was developed at the unlawful expense of a two acre wetland, and the developer proceeded with only building permits from the City, and not with propert permits from the Army Corps of Engineers or the DNA. Ms. Paulsen stated that two acres of off-site wetland were to be designated as mitigation; however„ the City of Plymouth denies responsibility for ensuring tni s. At the request of Coun%'Jlmember Vasiliou, Public Works Director Moore stated requirements were olaced on the development by the U.S. Arny Corps of Engineers or DNR, The City of Plymouth has io authority to enforce those requirements, Steve Havi g, 6656 Zachary lane, represented the Eagle -Pike lake Homeowner Assaci atior:, He stated the Association wanted to go on record as concere...•d and confused about the water quality of the lakes. He requested asstrances that everything possible wi 11 be done to maintain or i w4irove the water quality of the lakes, Coanlci lmem..... • Helliwell asked if there would be a benefit of reduced phosphates if additional pipe was laid so water is discharged further from the lakes as noted in Appendix 6, Page 5. Manager Willis stated this is ons poss!blA means to mitigate the impact of the site development. Under this alternative, storm wafer would be capried into Basss Cree< and ultimately to the Mississippi River, The developer will turther study the issue and recommend the best alternative based on environmental a -id financial factors. Attorney Rockenstefir responded to a question by Mayor Bergman, He stated that phosphates increase with any development because of *hP increased i,irface Z•ea which will no longer naturally ab', water and explained the t pes and effects of phosphates on wetland ar;.as. Councilmember Zitur su,,gested tioap vie developer also coiisider he amount a f fertilizer that would o. used in the project aret- Attorney Rock,en lste'n strfed the, developer •i considering a covenant V;,t would limit the type and anxunt of fertilizer that could be us, d, fLn stated Vie current Issues is only whether the EIS address. the envi ronoerital concerns and possible mitigaticr opti.,ns adequately. Regular Council Meeting March S. 1990 Page 82 Councilmember Vasil ou stated the developer has the right to explore the options available for the project. Mayor Bergman asked if the property has Farmed prior to acquisition by OPUS; if so, phosphate levels could be quite high. Attorney Rockenstein stated the property has not been actively farmed the last ten years. The EIS was done assuming the property was not farmed and assuming full development. The maximum phosphate impact was projected for the study. MCTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0, 90-194 Councilmember Ricker, to adopt RESOLUTION NO. 90-194 FINDING THE FINAL EENVIRONMENTAL IMPACT STATEMENT FOR THE BASS CREEK BUSINESS IMPACT STATEMENT FOR PARK TO BE ADEQUATE (89061). BASS CREEK BUSINESS PARK (89061) Motion carried on a roll call vote, five ayes. Item 9-C Director Moore recommended approval of the 1991 - 1994 Capital Capital Improvement Improvement Program (CIP). He stated the proposed resolution Program modifies the resolution adopted by the Council for the 1490 Item 9-D CIP, the proposed resolution states that Itera No. 7 of the street" element (Schmidt Lake Road from West i4edicine Lake Drive to Pi nevi ew Lane) is included i n the 1990 Program for a Preliminary Engineering Report to analyze the alternatives. Director Moore stated the proposed improvement of S0midt Lake Road from Pineview Lane to West Medicine lake Drive was included in the proposed program based on the anticipated deveiepment of a 1 ar le retail shopping center on the Begin property at County Road 1 and West Medicine Lake Drive. Ryan Construction Company has received preliminary plat and general development plan approval for this project. A Preliminary Engineering Report would analyze the alternatives for this section of road and would consider existing and proposed development, and physical features such as wetlands and trees. MOTION was made by Councilmember Zitur, seconded by Ri:SOLUTION N0, 90-195 Councilmember Vasil lou, to adopt RESOLUTION N0, 90-195 APPROVING A1TWT9T7WTiVF.— ADOPTION OF FIVE tAR IMPROVEMENTS PROGRAM 1991 :9940 YEAR CAPITA. AMENDING 1990 PROGRAM, IMPROVEMENT PROGRAP; 1991.1994/AMrNOING Councilmember Zitur stated construction of Schmidt Lake Road is 1990 PROGRAM a safety issue. The traffic impact of the proposed shopping Item 9-0 center needs to be accommodated. 0 Regular Council Meeting March 5, 1990 Page 83 Councilmember Vasiliou stated this action would only authorize a Preliminary Engineering Report and not actual construction. The Report could determine viable alternatives and appropriate mitigation measures for the extension of Schmidt Lake Road. She indicated her support for the Ryan project as it is the only way to mitigate the situation on the property at County Road 9 and West Medicine Lake Drive, Councilmember Helliwell stated she does not want Schmidt Lake Road to) be built through the wetlands which must be saved, Councilmember Vasiliou stated that a large portion of the City's solid tax base comes from development, and it is very important that a way is found to have roads and development co -exist with natural amenities, Counc;l"ember Ricker agreed and stated that staff is working on a wetlands ordinance which the Council should consider before final approval of the project is considered. Motion carried on a roll call vote, four ayes; Helliwell nay, MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-196 AWARDING THE CONTRACT BID FOR THE POLICE FIREARMS PISTOL RANGE TO CASWELL INTERNATIONAL CORPGRATION, Motion carried on a roll call vote, five ayes, Manager Willis stated the City sale of Medicine Lake lines, transit contract with the City the Co-inci 1 delay the item for has become aware of the possible The impact, if any, to the is unknown. He recommended that consideration until March 19, MOTION was made by Counc i I member Vasiliou, seconded by Councilmember Zitur, to defer consideration of a resolution confirmin) the Council's decision to extend the transit contract with Mpdicine Lake Lines to March 19, Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO, 90-197 SETTING PUBLIC HEARING TO CONSIDER THE NON -INTOXICATING OFF -SALE LIQUOR LICENSE APPLICATION CF BIRCH BRU, INC., 5750 NATHAN LANE NORTH, Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-196 AWARDING BID FOR POLICE FIREARMS PISTOL RANGE Item *9-E Transit Contract with Medicine Lake Lines Item 9-F RESOLUTION NO, 90-197 3 =G HEARING FW NON -INTOXICATING AFF -SALE LIQUOR LICENSE FOR SUPERAMERICA Item *9-G 0 Regular Council Meeting March 5, 1990 Page 84 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-198 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIOS, WELL N0. 12 - PUMPING FACILITY AND WATERMAIN, CITY PROJECT NO. 909. Motion carried on a roll call vote, five ayes. Manager Willis recommended adoption of a resolution authorising the solicitation of bids for the sale of $1,350,000 Taxable General Obligation Tax Increment Bonds to assist in land write-down for the proposed Rockford Road Plaza project. He stated that Ryan Construction had requested land write-down assistance of $1,000,000, for which $1,350,000 of bonds must be sold. Manager Willis stated an assessment agreement will provide financial guarantees that the developer stands behind the bonds through the payment of tax increments generated by guarantee minimum values of property development. MOTION was made by Councilmember Zitur, to FOR THE ISSUANCE AND OBLIGATION TAX INCREMENT Councilmember Vasiliou, seconded by adopt RESOLUTION NO. 90-199 PROVIDING SALE OF S 1,350,000 TAXABLE GENERAL BONDS, SERIES 1990. Motion carried on a roll call vote, five ayes. Councilmember Helliwell stated that since the Council has scheduled a meeting with the City Attorney, consideration of legal services for the City should be deferred. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to defer consideration of City legal services until March 19. Motion carried, five ayes. Councilmember vasili meeting with the Cit survey information consideration. She directed. Results believed consultant as a matter of good ou stated she will be unable to attend the y Atturney, and provided Mayor Bergman with to di stri bu tr to counc i 1 membe s for also provided results of a survNv she included that 94''„ of residents contacted services should be reviewed by the Council business practice. Councilmember Vasiliou stated she fivors policy, rather than a retainer system for stated she does not have a question about a 'pay is you go' legal services. Shn the existing services RESOLUTION NO. 90-198 ORDERING BIDS FOR WELL N0, 12 PUMPING FACILITY PROJECT 909 Item *9-H RESOLUTION NO, 90-19Q DROVIOIN OR ISS11.4 N F AND SALE OF S1,350900() TAXABLE G.O. TIF BONDS, SERIES 1990 FOR ROCKFORD ROAD PLAZA Item 9-I Legal Services Item l0 -A Regular Council Meeting March 5, 1990 Page 85 provided by the law firm, but questions the fees for that service. She asked the Council to consider the City's legal services from a cost standpoint, In response to a request from Councilmember Vasiliou, Manager Willis stated he will check if the league of Minnesota Cities legal services survey for 1989 is available, Mayor Bergman stated that the New Hope mayor has requested that businesses voluntarily regulate cigarette vending machines, rather than the City mandating removal. He requested that staff investigate what was done in New Hope, draft a letter to Plymouth businesses, and request a reply in 30 days as to what action they will take to regulate cigarette sales from vending machines, Counciloember Zitur asked that the policy be clarified which relates to councilmembers notifying the Mayor when they are attending a conference out of the area, Councilmember Vasiliou stated she would also like to discuss conference per diem for Councilmembers in the future, MOTION was made Councilmember Zitur, national conference attending, by Councilmember Ricker, seconded by that any Councilmember who leaves for a notifies the Mayor that they will be Motion carried, five ayes, Manager Willis advised the Coi.nci 1 of correspondence contained in the Informational Memorandt.m regarding a request for a more lenient do, u rAinance. He recommended that no change to the ordinance be made, The Council agreed anC Manager Willis was directed to respond to the resident, Councilmember Zitur stated he submitted items for the upcoming City newsletter, He also rt ported on a Governmental AFfai rs meeting he attended, The meeting was adjourned at 8:30 p.m. 1 .f. tiTy-T1 e4._ . ---- - - ---- Cigarette Machines Vending Councilmemher Conference Attendance Dog Irdi nancP Information Items