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