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HomeMy WebLinkAboutCity Council Minutes 03-19-1990MINUTES REGULAR CGUNCIL MEETING March 19, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:03 p.m, in the Counc'1 Chambers of the Cit! Center at 3400 Plymouth Boulevard on March 19, 1990, PRESENT: Mayor Bergman, Vasi 1 i ou , Zitur ABSENT: None Councilmembers Helliwell, Ricker, STAFF PRESENT: City Manager Willis, Assistant Manager 3uyl es, Publ is Works Di rector Moore, Community Development Director Tremere, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATION Mayor Bergman presented a $600 check Warhol family for winning the "That's recycling contest. CONSENT AGENDA a t1 the Wallace and Mary Not Trash, It's Cash" Items 8-J (No Parking on various streets), 8-V (consultant agreements), and 8-W (video equipment replacement) were removed from the Consent Agenda. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. MINUTES MOTION was made by Counc i I member Vasiliou, seconded by Councilmember Zitur, to approve the minutes of the March 5 Council meeting. Motion carried on a roll call vote, five ayes. PUBLIC HEARINGS Mayor Bergman opened a of SuperAmerica #4341, non -intoxicating liquor was closed at 7:06 p.me 11 hearing at 7:06 a.m, on the application 5750 Nathan Lane Nortl,, for an off -sale license. No one appeared. The hearing Recycling Winner Item 4 Consent Agenda I tern 5 Minutes Item *6 R U 0 Regular Council Meeting March 19, 1990 Page 87 MOTION was made by Councilmeml)er Vasi1iou, seconded by Cosincilmember Ricker, to adopt RESOLUTION NO. 90-200 APpkOVING OFF -SALE NON -INTOXICATING LIQUCR LICENSE FOR BIRCH BRU, INC. Motion carried on a roll call vote, five ayes. Public Works Director Moore uescr4';eo the proposed 1990 Street Reconstruction Program. Thr Program was adopted b; the Council ih 1988. This will be the secind year of construction. City Engineer Faulkner reported that three public informational meetings were held on the proposed $2.8 million program for 1990. Fifty-nine (13%) of the 458 affected property owners attended the meetings. He outlined a report with residents' detailed comments and staff responses. The 1990 project will cover four districts (4, 89 10, 11) of the Street Reconstruction Study. Engineer Faulkner stated that all of the streets within the 1990 Program areas have been built to City standard widths, except in District 8. Streets in Di stoict 8 also have no concrete curb and gutter. It is propospd to totally reconstruct streets in District 8 to a width of 33 feet (back of curb to back of curt) and construct concrete curb 4^;' gutter. Drain tile is also prcposed at low points. 1istrict 10 requires concrete curb and gutter installation, as well as recor.'Xitruction, Districts 4 and 11 require r.-tconstruction only. lick Moore, Short, Elliot, Hendricksc,n, explainer! that it is more cost effective to maintain infrastructure rather than allowing 'it to decline to a condition that requires complete reconstruction, He stated that. Districts 4, 8, 10, and 11 are in need of reconstruction in 1,190. The feasibility study for the project determined what exactly reeds to be done to each street to bring it back to excellent condition. Sue Mason, Short, Elliot, Hendrickson, described the work proposed in each district. She stated that construction would be done from June through October, and she would be workinq closely with the contractor and residents to minimize problems. Engineer Faulkner explained she Street Reconstruction Policy under which residents are assessed 3Ut, end the City pays 10';, of the total project cost. Estimated assessments for a 100 foot wide lot are: District H - $3,423; District 10 - $1,74-13; Districts 4 and 11 - $923. Manager Willis state) the exact amounts to be assessed will riot be known until construction is completed. Residents will be mailed notice of the exact assessment amount and the issossinent hearing date. RESOLUTION N0, 90-200 APPRUVIRG OFF -SALE LIQUOR LICENSE FOR SUPERAMERICA Item 7-A 1990 Street Reconstruction Program Project No. 001 Item 7-8 L] Regular Counc i 1 ileeti ng March 190 1990 Page 88 Mayor Bergman opened the public improve"ent hearing at 7:20 p.m. on the 1990 Street Reconstruction Program, Project No. 001. Stephen laumann, 3730 Trenton Lane, asked what the assessment cost would be if the total cost were allocated to each property in tre City. He stated that all residents should share in the reconstruction coat. Engineer Faulkner stated the cost would be about $150 per lot. Bob Scri bror, 2015 Lancaster Lane, is doing something to improve this project. He presented a letter Medicine Lake Blvd., also supporting said he is glad the ".ounc i 1 area and is in favor of the from Len Larson, 1?40 E. the project. Michael Ellis, 9610 25th Avenue North, stated the profosed widening of 25th Avenue would cause a number of p oblems including a less safe environment for children rnd increased traffic. Don Carolla, 3765 Trenton Lane, stated the total projec-: cost should be spread to all properties in the City, rather than to the adjacent properties, because the entire City will ultimately benefit from the improvements. He suggested that an additiunal amount be ass_ssed to each hos,sehold for the remaining ye.lrs of the reconstruction program, and then discontinued. Sharon Carolla, 3065 Trenton Lane, stated the street is damaged partially due to school bus traffic, and her children don',: ride the school bus. Therefore, the street reconstruction will benefit other residents. She asked why the improvements are necessaey when her street is usable. Di recto l Moore stated the purpcse of the program is to bring the street :ondi tion to an excellent cuodi tion with a 20y ear life. Some st•eets only require resurfacing to regain this condition; others require complete reconstruction. Dennis Gatenby, 18001) 27th Place North, stated he has he d n .f problem with his street that would necessitate the proaose;i project and expenditure. He particularly stated his obje!:tion to the addition of curb and gutter where none existed before. Engineer Faulkner stated concrete curb and gutter is recommainded because it would properly carry drainage water to the storm sewer system and would prevent standing water and seepage into the street subgrade. He stated it is difficult to get water to drain with bi tumi no.is curb, in addition, concrete curb preserves landscaping. is Regular Council Meeting March 19, 1990 Palo 89 Councilmember Vasiliou stated there H:*ve been previous situations where the Council has allowed bituminous curb, She asked if bituminous is still an option, Engineer Faulkner stated bituminous curb is an option, but that concrete is better for snow plowing purposes. Councilmember Vasiliou asked wno is responsible for curb damage done by a snowplow that is contrActed by the City. Director Moore stated the contractor is responsible for sod and property damage only, Peggy Gatenby, 18000 27th Place Nc rth, stated reconstruction is not needed because there is no large equipment or heavy traffic on her street. David Crozik, 18005 27th Place North, stated there is no problem with the existing street and he does not want increased traffic. He said the residents of 27th Place want to retain the country setting, and presented a petition from residents opposed to the project. Dwight Charles, 1812 E. Medicine Lake Blvd., stated that curb and gutter would not be an improvement to his property. He owns property on 18th Avenue within a block of the proposed construction and stated he did not receive notice of the hearing. Gary Mason, 2540 Lancaster Lane, stated much of the traffic on Lancaster Lane is due to the apartments across from his home. He stated the assessment formula 's not fair oecause his estimated assessment cost is $32,,69 per month for a single family home and the cost is $2.17 pets month for an apartment unit on the same street. Jack Patterson, 9600 24th Avenue North, stated if 24th Ave mje is widener,, about 7 J percent of the large trees will be destroyed, He explained that three homes are currently served by a gravel lane and no improvement is desired, Ann Oslund, 9605 24th Avenue North, agreed that no improvement is necessary, She said 24th Avenue North would be dangerous as a through street due to a sharp curve and Dill. Ms. 05',jnd presented a petition from residents in favor of keeping the dead-end on 24th Avenue, Pat 3irois, 1470 Lancaster Lane, stet -ad opposition to wideninq Lancaster Lane due to the potential atfact on the grade and length of her driveway. Regular Council Meeting March 19, 1990 Nage 90 Paul Camarote. 1''155 27th Avenue North, stated there was a Poocensus at the informational meetings that no construction is o,ssi red. He stated potential damage to curbs due to snow pl wring is not a reason to require concrete rather than aspnalt. Mr. Camarote asked why two years ago he was assessed for the Dunkirk project and now 1s being assessed again. He skated the assessment policy for reconstruction should be changed by the Council 1f possible. Director Moore stated Mr. Camarote was assessed for storm sewer i.i the Dunkirk project because his property was benefited by area drainage improvements. Councilmember Vasiliou stated the assessment policy can be changed by the Council, and that money earmarked for the peoposed Community Center cou.d be used to pay for ail or a portion of the reconstruction costs. She stated the Council niaeds to rear what service levels residents desire. Ouncilmember Zitur agreed that the reconstruction assessment policy should be reviewed. Kim Johannessen, 9535 18th Avenue North, objected to widening of the streets. He stated trees will be lost that currently aid in erosion control. and curb and gutter is not needed. Roger Williams, 2745 Queensland Lane, stated he was informed by the City engineering division last year that his street was not planned for reconstruction. He has now received notice that it is scheduled for 1990 reconstruction. Mr. Williams stated there is one very large puddle in his street; however, It is not due to street conditions. Water drainage has been a problem since a watermain break. He noted that concrete curb and gutter does not always resolve dralaage problems and cited the area of 36th Avenue and Plymouth Blvd. as an example of poor drainage where concrete curb ano gutter exists. James A. Baker, 9540 24th Avenue North, stated that in 1984 he petitioned to keep 24th Avenue North a dead-end street, and he still feels the same. Larry Carlston, 20SU Lancaster Lane, stated the adjacent property owners will] prim,obily benefit from the improvements and should be assessed for a portion of the cost. He has lived at this residence for 17 years and this is his V rl,t assessment for street improvement. Carla Carl stun, 2050 Lancaster Lane, stated there is standi nq wat-ar in the street. She does not want the street widened !coo 0 L Reguisr Council Meeting 11brc h 19, 1990 Page 91 much and does not want additional traffic. However, currently with one vehicle parked on the street, a second vehicle cannot get through. Tim Reece, 1800 E. Medicine Lake Blvd., stated nis property is near the proposed 18th Avenue improvement and across from the City beach. He asked if street parking will be allowed if 18th Avenue is widened. He is opposed to allowing street parking. Engineer Faulkner stated the street width would be narrowed at some points to save trees. Parking on one side of the street would be anticipated with the widening. Mayor Bergman closed the hearing at 9:00 p.m•. NOTION was made ' Counc i l wk i -iter Va si l i ou, seconded by Mayor Bergman, that thi project be reeviluated by the Special Assessment Committee and staff to Ponsider the information presented at the hearing, and that a revised recommendation be presented. MOTION to amend the main -notion was Ricker, seconded by Mayor Bergman, that renotified of the date the project will the Council, and that the Council will no and gutter where no concrete curb and gut made by Councilmember affected residents be next be considered by support concrete curb ter currently exists. Councilmember Zitur stated he will not support street widening to the point where large trees would be removed. Motion to amend carried, five ayes. Main motion as once amended carried, five ayes. Attorney John B. Bellows Jr., 1075 Landwark Towers, St. Paul, represented Richard Whiting's request for a conditional use permit Vo exceed the height restrictions of the R-2 District for a 7r' amateur radio antenna at 5780 Rosewood Lane (89104) (R?UO 88-5). Mr. Bellows explained many public service activities Mr. Whiting has been involved in using amateur radio. He stated Mr. Whiting has been nationally and internationaliy recognized as a Lechnical expert. Mr. Bellows stated that Mr. Whiting i the high 'requency packet radio network Federal Emergency Management Agency, ani to participate in the project because o the tooter, A retract -ala antenna is no a named parts c i p Nnt in establ i shed thro .gh the he is currently unable his inability to erect a workable alternative Table Action on 1990 Street Recons*buction Pvogram Item 7-B Continued Consideration of Request for Condi- tional Use Permit for Amateur Radio Anter na 89104) Item 8-A s 0 Rtgular Counts1 Meeting March 19, IW, Page 92 bec&L-se the antenna must be above the tree line at all times. He stated Mr. Whiting's original application was a substantidi compromise because the mini num satenna height was proposed. A number of mediation sessions haves been held between the Glynn's and Whiting's since the last Council session and they have agreed to disagree." No compromise was reached on the height. Mr. Bellows reported on a Boulder, no correlation between property towers. He stated that legally the restrictive means in considering the Colorado, study that showed values and amateur radio City must utilize the least application. CounjIlmember Zitur asked about relevant court cases and the mediation ss:ssions. Mr. Bellows cited some court cases and described the conclusions of the mediation sessions. Ri;:k Wati ti ng, 5780 Rosewood Lane, stated two mediation sessions were held with West Suburban Mediation Services. A balloon test was cor. ducted to determine the visibility of the proposed tower. The test determined that the tower could be seen from the Glynn's but the antenna would only be visible above the tree line. Mr. Whiting st.ted he would be willing to reduce the antenna elements by one-half to accommodate the Glynn's concerns. Barbara Whiting, 5780 Rosewood Lane, explained that amateur radio is important to their family. Donna Glynn, 5730 Rosewood Lane North, Council would ,.revelop standards to insure will not occur again. She questioned Mr. an amateur rat.i t expert, in purchasing a with 70' trees aed then fi n fl nn the need and antenna such as that propose d. stated she hoped the this type of situation Whiting's judgment, as home on a wooded lot to erect a radio tower Attorney Thomson o pi ai ned His written opinion which was previously presented to the Council. He stated there are several federal court case. where it was determined that. the FCC regulatiins prohibit tht City from unreasonably regulating amateur radio operations. The City has the authority to regulate amateur radio operations, but the regulations rm,st he reasonable. Counci lmember Vasi 1 l .)u asked : F the ,unci 1 could regulate the height of the antenna. Attorney Thomson stated yes, but in his opinion the antenna height could be restricted only to a point where tha r is still operable in order to ;eaionably ac:cogwdate the l: 6 Regular Council Feting Narch 1:. 1990 Page 93 Councilmembtr Ricker asked if the Glynn's were interested in Nr. Whiting's offs:., to reduce the element% of the antrnna. Mrs. Glynn stated the antenna wi 1 ; still obstruct their view. She suggested in the futuNN the Council limit tower height to 35119 so that it is a person`s responsibility wten puochasing a home to ensure that there are r,o trees :.igher than 3a' and the radio will be usable. Counci lwmber Ricker also suggested that the Council could reasonably exclude a concentration of ontennos from a given area. The key is the reac-onableness of the City reg0 rements. NCTION was nude by rountilmember Councilmember Helliwell , to adopt APPROVING CONDITIONAL USE! PERMIT FOR AMATEUR RADIO ANTENNA AT 5780 ROSEW000 Ricker, seconded by RFSOLi1T;ON NO 90-201 RICHARD WHITING FOR AN LANE ( 8x3104) . Councilmember Vasiliou stated she is very di sapp„i nted that a person wotil d fore the negative effects of this use on a neighbor, Further discussion ensued relative to the decrease ;n the antenna array (number of elements reduced froT 7 to 4)0 NOTION to amend the main motion was made by Councilmember Ricker, seconded by Councilmember Helliwell, that the a nten:!., array be decreased to four eloWnts. MDtion to amend carried, four ayes, Vasiliou n. -y, Cor;ncilmember Zitur stated he is concerned that Mr. 'Whiting's real for informed the Whitings any amateur radio antenna desired wool J be allowed. He thanked the Whitings •ind Glynns for partici pati ng in the mediation process. Councilmember Vasiliou stated recourse, is available for homeowners rr:eivi ng false i nfen"mation from real tors, Perhaps In more situations the homeowner should seek rNcsiurse from the realtor, rather than relying on `h(% City to correro. the problem, Main motion carried on a Boll call vote, four ayes, Vasiliou nay. Director Tremer! presented the staff report on the Preliminary Plat/General Devel opmr°nt Plan and Rezoning appl i Za ti on of Hans Hagen Hames for property located at the southwest corner of Dunkirk Lane and County Road 24 (89U9,)), He state.: the Planning Commission foijnJ that the design Features of the plat involvinq direct access to County Road 24 end NP jai na Road, i ne ;)mpl ete RESOLUTION N0, 90-201 CCRDITI I PER T FOR RICHARb WHITING FOR RADIO 'NTENNA 6 104) It*m 8-A Pre' . V1 at/Rezor, nq Hans Hagen Homes 144040) tem R -H I 6 Regular Council Meeting March 19, 1990 Page 94 right-of-way at the, proposed intersection Medina Road; and design it -consistent with Element of the Comprehensive Plan were recommendaticn . of County Road 24 anti the Parks and Trails reasons for a denial Director Tremere states the Planning Commission wants the Cnuncil to be advised of their determination that alignment of County Road 24 and Medina Road is critical to the orderly development of the property south of Medina Road on either side of proposed County Road 24; that the intersection can be determined without predisposing where County Road 24 crossct Highway 55; and therefore, the Planning Commission recommends that the determination of that intersection be undertaken as part of the study of Medina Road, Hans Hagen explained his development proposal and presented a revised layout. He stated that County Road 24 is likely to be realigned. Mr. Hagen stated that ultimratels Garland Lane should be conn 2cted to Medina Road, which couldn't be accoM 1 i shed if County :toad 24 is not moved. However, Garland Lane coy i d be moved north with temporary access to existing County Rodd 24. He cited the benefit of this to Mr. Dahl who platted nearby land but who is constrained due to lack of easements. Mr. hagen requested that the Council consider allowing one access from his development to County Road 24, Mr. Hagen requested that final action on his application be deferred and that it be remanded to the Planning Commission with direction for approval of temporary access through the Dahl property, Medina Road aligned as proposed, and one access to the commercial property to the north between CcAunty Road 24 and Medina Road. The matter of trail location should be whatever is best for the City, but the preferred location i s on the north side of County Road 24, Lee Bakewell, 1846 Delaware, stated development in the area will be heavily impacted by the chosen County Road 24 alignment, Ha believed the issue should bp studied as there are possible alignments other than the one suggested by Mr. Hagen,, Mr. Hagen's proposal may require construction of interchange ramps on develowd property, He presented an alternative concept and encouraged the Council to direct further study of the road design. Manager Willis stated a traffic analysis of the intersection area is needed, The public interest would be better served if the City undertook a study to determine vhat options are available. Then the affected property owners could advise the Council of their interests, Regular Council Meeting March 19, 1990 Page 95 Dave Dahl 4255 Kin sview Lane, stated he i s the owner and developer of Plymouth Meadows. He said expediting the process to determine the most appropriate location of the "ounty Road 24 and Medina Road intersection wil', assist him and other affected developers. Councilmember Vasiliou questioned the process for a study of the intersection, and how long the study period would be. Manager Willis responded that a study would involve Hennepin County, Minnesota Depar'cment of Transportation, and Department of Natural Resources (DAR). Mr. Hagen's proposal could be approved, denied, or defeMred until the study is completed. Mr. Hagen stated in 30 days he will lose the option to the property. He believes his development will work whether or not County Road 24 is realigned because the alignment of Medina Road is certain. Manager Wfillis stated it is staff's opinion that the alignment of Medina Road is not certain and that is one of the reasons for more detailed study. Bill Pritchard, Orrin Thompson Home;, stated he has no objection U Mr. Hagen's proposal, but encouraged the Council to conduct efurther study on future alignment. Director by state City can requested Tremere stated t law to act on the extend the time deforral. hie Council is under a time constraint preliminary plat application, but the for review and action since Mr. Hagen Mr. Hajan reiterated that action on his application be deferred. MOTION was made by Councilmember Councilmember Zitur, to defer actio. application to the Planning Commis• before the Council aad the need for a 1n this area. Vasiliou, seconded by id to remand Mr. Hagen's n noting the discussion tiidy of the road layout Motion carried on a roll call vote, foiir ayes, Helliwell nay. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to authoriz.: establishment of a study to review area road alignment issues of Medina Road/County Road 24 i ntersec ti on. Motion carried, five ayes, 6 C! Regular Council Meeting March 19, 1990 Page 96 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 90-05 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN THE NORTHWEST QUADRANT OF BERKSHIRE LANE AND COUNTY ROkD 9. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0, 90-202 APPROVING LOT CONSOLIDATION/DIVISION FOR TRAMMELL CROW COMPANY FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 9 AND WEST OF BERKSHIRE LANE (90005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Yasiliou, to adopt RESOLUTION NO. 90-202A APPROVING SITE PLAN FOR TRAMMELL CROW COMPANY (90005). Mahon carried on a roll call vote, five ayes . MOTION was made by Councilmember Zitur, seconded by Councilmember Vasi;tou, to adopt RESOLUTION NO. 90-203 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED IN THE NORTHWEST QUADRANT OF BERKSHIRE LANE AND COUNTY ROAD 9 (90005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zit1Jr, seconded by Councilmember Vasilou, to adopt RESOLUTION NO. 9U -203A SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT CONSOLIDATION/DIVISION AND APPROVING VARIANCE FOR TRAMMELL CROW COMPANY FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 9 AND WEST OF BERKSHIRE LANE (90005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, Seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90 -?04 APPROVING PRELIMINARY PLAT FOR EIDEN CONSTRUCTION, INC. (90006). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmemher Ricker, Seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-205 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR MADPATT ENTERPRISES FOR FISCHERS POND (89039)0 Notion carred on a roll call vote, five ayes. ORDINANCE N0, 90-05 BERKSHIRE LANE AND COUNTY ROAD 9 90005) Item 8-C RESOLUTION NO, 90-202 CONSOLIDATION/DIVISION FOR TRAMMELL CKOW CO. 90005) Item 8-C RESOLUTION NO. 90-202A APPROV14G SITE , AR FOR TRAMMELL CROw CO. MOW Item 8-C RFSOLUTION NO. 40-203 BE MET PRIOR TO PUBLICATION 90005) I tern A -C RESOLUTION NO, 40-203A BE MEI PRIOR TO FILING 90005) Item 8-C RESOLUTION NO, 40-204 APP G PRELIMINARY PLAT FOR E lf)FN CONSTRUCTION (9000b) Item *A-0 RESOLUTION NO. 40-205 APPRnVI FTM -1y[ -AT AND DEVELOPMENT CONTRACT F Oh F I SCHFRS POND (89034) Item A-E 1 0 6 Regular Council Meeting March 19, 1990 Page 97 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION 40. 90-206 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR MADPATT ENTERPRISES FOR FISCHERS POND (89039). Notion carried on a roll call vote, five ayes. MOTION was Councilmember ASSESSMENTS, ADDITION. made by Councilmember Ricker, seconHed by Vasiliou, to adopt RESOLUTION NO. 90-207 A;OPTING PROJECT N0, 027, WATERMAIN AREA - FISCHERS POND Mot'on carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-208 ADOPTING ASSESSMENTS, PROJECT NO. 026, SANITARY SEWER AND WATERMAIN 1"TERAL PREVIOUSLY DEFERRED - FISCHERS POND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-209 ADPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LYMAN LUMBER COMPANY FOR PARKVIEW RIDGE (88018) (RPUD 88-3). Motion carried on a roll call vote, five ayes. MOTION was made b Councilmember Zitur, CONDITIONS TO HE MET FINAL PLAT FOR LYMAN RPUD 88-3). y Councilmember Vasiliou, seconded by to adopt RESOLU'ION NO. 90-210 SETTINri PRIOR TO FILING OF AND RELATED TO PPUD LUMBER COMPANY FOR PARKVIEW RIDGE W018) Motion carried on a roll call vote, five ayes. Attorney Michael London, representing Jerome and Betty Beqin, requested ttat their appeal of the Buard of Zoninq Ruling 02-03-90) be deferred to April 16, MOTION way made by Counci',member Councilmember Zitur, to defer action on o1 Zoning ruling (02-03-90) by Jerome Ili as requested. Motion carded, five ayes. Vasiliou, the appeal seconded by of the Board and Betty Begin to April RESOLUTION NO. 90-206 3ETTI G CON9TTIONS TO BE MET PRIOR TO FILING, 89039) Item 8-E RESOLUTION N0, 90-207 ADOPTING 1olERT FISCHERS POND (89039) Item 8-E RESOLUTION N0, 90-208 ADOPTING ASSESSMEN FISCHERS POND (890301 Item 8 -E RESOLUTION NO. 90-200 APPROVING FINAL PLX7 AND DEVELOPMENT CONTRACT FOR PARKVIEW RIDGE (88018) Item R -F RESOLUTION NO. 90-210 SETTING J BE MET PRIOR TO FILING 83018) Item R -F Defer Appeal of Board of Zoning Ruling for Jerome Arid Betty Regi n 02-03-90) Item 8-G Regular Council Meeting March 19, 1990 Page 98 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-211 Councilmember Zitur, to adopt RESOLUTION N0, 90-211 AUTHORIZING RELEASE OF SITE RELEASE OF SITE PERFORMANCE GUARANTEE FOR RIC -WIC INVESTMENT FOR PERFORMANCE GUARANTEE MINNEAPOLIS GLASS COMPANY (A-789). FOR MINNEAPOLIS GLASS CO, (4-789) Notion carried on a roll call vote, five ayes. Item *8-H MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-212 Councilmember Zitur, to adopt RESOLUTION NO. 90-212 DECLARING ACCEPTING PETITMVW,0 ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET ORDERING REPORT. LIGHTING - STEEPLECHASE 7TH ADDITION, STREET LIGHTING IN STEEPLECHASE 7TH ADDN. Motion carried r,n a roll call vote, five ayes. Item *8-I-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0, 90-213 Cnonciia*mher Zitur, to adopt RESOLUTION NO, 90413 RECEIVING RECEIVING REPORT AND REPORT ANU ORDERING PROJECT - STREET LIGHTING, STEEPLECHASE 7TH ORDERING PROJECT - AODITIOW, STREET LIGHTING, IN STEEPLrCHASE 7TH AOCt', Notion carried on a roll call vote, five ayes, Item *8-I-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0. 40-2141 Councilmember Zitur, to adopt REsnLIITION NO. 90-214 DECLARING ACWTING PETITTMFVTn ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET ORDERING REPORT, LIGHTING - FOX RUN SAH ADDITION. STREET LIGHTING IN FOX RUN 5TH AW I T I ON Motion carried on roll call vote, five ayes. item *8-I-2 MOTION was nide by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-215 Councilmelaber Zitur, to adopt RESOLUTION NO. 90-215 !L:CEIVING ` ETVIRG REPOR77A REPORT AND ORDERING PROJECT - STREET LIGHTING FOX RUN 5TH ORDERING PROJECT - ADDITION. STREET LIGHTING FOX RUN 5TH ADDITION Motion carried on a roll call vote, five ayes. Item *8-1-2 Councililember Vasiliou asked why placement of "No Parking" signs is recommended as requested by residents in several areas, when Installation was riot done in response to a previous request near Green Oaks l irk Manager dill:; stated the previous request by Green Oaks park residents was to only prohibit parking for park users, not area residents, The residents did not desire "No Parking" that would apply L(- everyone, MOTION was made by Co:incilmember Vasiliou, seconded by RESOLUTinN NO, qO-216 Coul.ci lmember Zitur, to adopt RESOLUTION NO. 90-216 APPROVING 7LFPROVTI4;''No -p711ZRTAI;" Tlit PLACEMENT 1jF "NO PARKING" SIGNS ON VARIOUS STREETS, SIGNS 4otion carried oi, a roll call vote, five ayes, teen >1 r; Regular Council Meeting March 19, 1990 Page 99 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-217 Councilmember Zitur, ta adopt RESOLUTION N0, 90-217 AUTHORIZING AUTHORIZING EASEMERr THE MAYOR AND CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENT AGREEMENT WITH W17m THOMPSON LUMBER COMPANY, CITY PROJECT NO. 833, THOMPSON LUMBER CO. FOR PROJECT 833 Motion carried on a roll call vote, five ayes. Item *8-K MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-218 Councilmember Ricker, to adopt RESOLUTION NO. 90-218 REVISING REVISING AGREEMENT AN CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 6, COUNTY APPROVAL OF PROJECT PROJECT NO, 8642, FERNBROOK LANE TO COUNTY ROAD 101, CITY NO, 829 PROJECT NO. 829, Item 8-L In response to a question by Councilmember Vo si 1 iou, Director Moore stated the County erred in omitting two i.emaphores in the agreement. Motion carried cn a roll call vote, five ayes, MOTION was made by founcilmember Vasiliou, ,--onded by RESOLUTION NO, 90-2#4 Councilmember Zitur, to adopt RESOLUTION NO. 90-219 ' ;'TING A AMENDING POLICY RELATIIJG TO THE ISSUANCE OF ON -SALE INTOXIC41 4G LIQUOR ISSUANCE OF ON -SALE LICENSE, INTOXICATING LIQUOR LICENSES Motion carriel on a roll call vote, five ayes. Item *8-M MOTION was made by Counc i I member Vas i l i ou . second% -4 by RESOLUTION NO, 90-.220 Councilmember Zitur, to adopt RESOLUTION NO, 90-220 AWARDING OF AWARD TO PTM)'rfW BID FOR 1990 REFORESTATION PROPOSAL, REFORESTATION Item *8-N.•1 Notion carried on a roll call vote, five ayes. MOTION was made by CounciInember Vasiliou, seconded by RESOLUTION XO. 90-221 Councilmember %.i tur, to adopt RF UJTIIN NO. 90-221 AWARDING BID AWXRDING BID FOR jqqr) FOR THE 1990 DISEASED TREE A STUMtj REMOVAL., DISEASED 'REE k STJMN REMOVAL Motion carried on a roll call vote, five ayes. Item *8-N-2 MOTION was made by Cou nc i I membe r Vasiliou, seconded by ORDINANCE NO, RO-06 Councilmember Zitur, to adopt ORDINANCE NO. 90-06 RELATING TO AMENDING CITY CnDE SUBSECTION 600.21 OF f4E PLYMOUTH CITY CODE RELATING TO REF11SE RELATING TO REFUSE HAULERS, HAULERS Item *8-0 Motion carried on a roll call vote, five ayes. Regular Council Meeting March 19, 1990 Page 10 MOTION was made by Councilmember Zitur, to GARBAGE HAULER LICENSES 30, 1991. Councilmember Vasiliou, seconded by adopt RESOLUTION NO. 90-222 APPROVING FOR PERIOD OF MAY 1, 1990 THROUGH APRIL Motion carried cn a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded Councilmember Zitur, to adopt ORDINANCE N0, 90-07 RELATING PUBLIC HEALTH AND WELFARE, AMENDMENT SECTION 1215.01 OF PLYMOUTH CITY CODE AND AUTHORIZING STATE LOTTERY TICKETS TO SOLD ON LICENSED PREMISES. RE SOL U i I ON N11, 90-222 HAULER LICENSES FOR PERIOD 5-1-!) TO 4-30-91 Item *8-P by ORDINANCE NO. 90-07 TO AUTHURIZINri THE LOTTERY TIC:ETS TO BE BE SOLO IN LIQJOR ESTABLISHMENTS Item *8-Q Notion carried on a roil call vote, five eyes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 90-223 APPROVING; DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 28, 1990. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 90-224 AUTHORIZING THE PRIVATE SALE OF TAX -FORFEITED LANDS. Motion carried on a roll call vote, five ayes. Assistant Manager Boyles stated that on February 9, the Metropolitan Transit Commiseion (MTC) appealed the Council's pie,:i sion to award a twelve-month extension of the existing transit contract to Medicine Lake lines (MLL). The appeal panel heard the appeal on February 23 and affirmed the Council's aws..-d to MLL. On March 2, staff was advised by MLL that they had entered into a letter of intent to sell the business to Laidlaw, In,-, Assistant Boyles stated he has contacted Laidlaw to ask if they would approve asci gr,ment of the contract to Laidlaw, and MTr, to see if they would provide a one year proposal. Laidlaw has agreed to accept assignment of the contract, but not as executed by MLL. The cont oac t signed by MLI. makes the cornp.iny responsible for the revenoie strei:ai (the compan;1 may receive a maximum amount of 1652,651). This amount is reached by subtracting the total arnual operating cost of $959,857 from the expected system revenues of $207,000. As a new provider, Laidlaw do not agree to this contract provision. They desire that the contract allow them to collect up to $859,857, Assistant Boyles explained that the Laidlaw proposal would be the least disruptive to service; however, the City is entirely 6 RESOLUTION N0, 90-221 APPROVING DISBURSEMENTS FOR PERIOD ENDING 2-28-90 Item *84 RESOLUTION N0, 90-224 AUTHORIZING SALE OF TAX -FORFEITED LANDS Item *A -S Transit Contrast Item A -T Regular Council Meeting March 19, 1990 Pale 101 responsible for the -•evenue stream. The MTC proposal provides nr:wer vehicles and 1 o)1 ds the City's liability a t S652,859. if awarded the one year contract, MTC has agreed to drop their appeal against the City. The MTC proposal does not provide a S5 million insurance ?olicy, but rather provides S200,000/56009000 self insurance crierage with a hold harmless guarantee, for any remaining liabil'fy. The MTC proposal also r 's*.c the: question of appropriateness of marginal cost proposal. John Capell, representing the MTC, stated they are interested in operating the system, MTC will guarantee uninterrupted service, Mr. Capell noted the MTC proposal was initially reconsaended by staff and the consultant. Jing Johnson, Medicine lake Lines, stilted $400,000 in outstanding bills for she Plymouth Metrolink service is one reason MLL is contemplating a sale to Laidlaw. He stated the Regional Transit Board (RT8) is substantially responsible for not releasing these funds to MLL. Ed Kouneski, Manager of Programs for the RTB, stated a contract was executed by MLL and the RTB in 1989 which established subsidy levels, There was a substantial increase In subsidy, and following an audit, the RTB felt it was important to hold further payment for the 1989 contract until ML. provided Justification for the higher subsidy. The RTB will iipprove the payment if appropriate documentation is provided by MLL on the 1989 contract. Mr. Johnson stated the RTB is trying to delay the process, The money held since the audit is not reasonable. Assistant Boyles stated MLL accounting practices were questioned by Mn00T and RTO and as a result of the audit, the City withhele, funds, Counc i l membt-r Ricker stated the Council had previously di rec ted that suffi4ient funds be withheld so the City would not suffer a loss, Mickey Johnson, Vice President of Laidlaw, Inc., d. rc:ribed thc- company and expressed willingr,is to rnnt+n;jA eprvico for the City. Deboreh Cari s, 2610 Comstock !ane, stated MLL custo.icers +ire pleased with the service provided. Sh,: stated MTC drivers are rude and encouraged the Council to as?ogn ervlCE to Laidlaw, Counc: i I member Helliwell asked if MLL drivers would be rete i rigid by Laidlaw, 7 R Regular Council Meeting March 199 1990 Pa ge 102 Mickey Johvison stated It is the intent of La: dl aw to keep the MLL drivers and staff. Mayor Bergman asked if the contract Is awarded to RTC, would it affect the sale of MLL to Laidlaw. Jim Johnson stated that it would affect the issue of what to do with the buses currently used for the Metrolink service, out would no: void the sale. He stated no matter what action the Council takes, MLL will provide service to the end of March. Councileamber Ricker stated if Laidlaw is willing to acquire the contract, it should also guarantee the revenues, Ciuncilmember Vasiliou stated she also has cr.acerns with Laidlaw's unwillingness to guarantee revenues, ai6 notified MTC that the Council will monitor customer service ,uri ng the next year. MOTION was made by Councilmember Rick"•., seconded by louncII%mher Helliwell, to adopt RESOLU.ION NO. 90-225 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENT,: R 100 A CNE YE -IR AGREEMEN f WITH THE MTC FOR THE PROVISION OF pL YMGUTH METROLINK SERVICES. Motion carried on a roll call vote, five ayes. Manager Millis requested that the Council review and approve the City plan for 1990 water conservation/restriction efforts. Councilmember Vasiliou reported that Mi handheld watering of gardens and car wa at;ked if the Council would be 1 ntere permitted uses to the Plymoath plan, ietonka is allowing oi ng this year. She ted in adding these Coun.i linember Ricker stated he has no objection to adding those uses; however, he suggested the Council continue the program for one year to fairly determine its effectl ticness. Councilmember Zitur stated the possible inclusion in next year's residents watering from a private they are using private well water. issue Should be studied for program, as well as regjiring wel' to elect a sign stating MOTION was made by Councilmembe- Councilmember Vasiliou, to approve th restriction efforts as proposed by st Kition carried on a roil c'i11 vote, t Ricker, 1990 water IN ayes, seconded by conservation/ RESOLUTION N0, 90-225 AUTHORTZC W-VEAX" CONTRACT WITH NRC FOR METROLINK SERVICE Item A -T Water Restriction/ Conservdtloq Progrda' Item 8-'1 n U Regular Cawxi1 Meeting larch 19, 1990 Page 103 Councilmember Vasiliou asked why aeparate ag'eetaents are Park C,onsttltait proposed for park design services, ant if there i!; not a model Agreements agreement which could be used, She also stated that safety Item 8-V Issues are not addressed in the proposti agreements, Park Director Blank stated safety issues will be trddrissed at the design phase. Attorney Thomson stated he is working lvith staff to develop a uniform agreement, The Council directed that future park design proposals should include a recommendation from the Risk Management Coordinator, MOTION was nmde by Councilmember Vasillou, seconded by Mayor RESOLUTION NO, QO-2!6 Bergman, to adopt RESOLUTION NO. 90-226 1PPROVIN6 CONTRACT WITH APPROVING AGREM.Rr— BAR70N ASCHMAN FOR SWAN LAKE NEIGHBORHOOD PARK, FOR SWAN LAKE NEIGHBORHOOD PARK Motion carried on a roll call vote, five ayes. Item 8-V-1 MOTION was made by Councilmember Vasiliou, seconded by Mayor RESOLUTION NO, 90-227 Bergman, to adopt RESOLUTION NO. 90-227 4PPROV:NG PROFESSIONAL APPROVIRG SERVICES FOR BASS LAKE ARD PARKERS LAKE PLAYFIELDS, FOR BASS LAKE AND PARKERS LAKE PLAyFIELh Notion carried on a roll call vote, five ares. Item 8-Y-2 The Council directed the City Manager to e.cheuule a meeting for the City Council to con.0 der how futcre monies should be allocated In the pari, and recreation area, Counci lmembPr Vasiliou stated that recently at a Town Meeting u large number of residents indicated thej watch City Council meetings on cable, However, they stated trey do not watch other local programming, Coune0imember Vasiliou stated she would prefer that money for video equipment neefled to cablecast City Co!incil meetings come from a reduction in -p,cial programs, MOTION was made by Councilmember Vasillo,i, seconded by Mayor Bergman, to direct staff to review sche%uled productions and make a recommendation to the Council on curs In progr tuani ng, Motion carried, five ayes. Manager V' i i i s stated the Ci ty wi 11 bi d tw.. or threi cameras and then consider the number to purchase based on the bid received, i Reg..lar Council Meeting Marco 19, 199 Page 104 ItTION was made by Councilmember Vasiliou, seconded by Mayor 3ergman, to adopt RESOLUTION N0, 90-228 AUTHORIZING THE SOLICITATION OF BIDS FOR VIREO EQUIPMENT NEEDED TO CABLECAST CITY COUNCIL '`'1G:.' I"GS. Motion carried on a roll call vote, five ayes. Manager Willis provided the Council with information from Evil ers and Associates regarding a proposal Ay Bob Boisclair fav - development of senior ci tize; housing. Manager Willis suggested Vie Council consider whether to explore the feasibility of having a senior citizen housing project buil4 and owned by the City through ttP Housiag and Redevelopment A•ithority (NRA). If this approach werR taken, it would eliminate consideraciin of the need for tax increment financing proposrd by Mr. Boisclair. Manager Willis stated t:.e senior project must stand or fall independent or the townhom- project propo;ed by Mr. Boisclair. Sta re:ognizes that toe two projects are related in a financial senile, but they are not related In a planning sense. Bob Boisclair explained the status of his proposal, and the correlation of the townhome pruj K t and the senior housing project. Cosinci liaember Ricker reported that the HRA is interested in considering a renior housing Project, He questioned whether there is sufficient support for a zoning amendment to accommodate %.he Boisclair priposed townhoine project. Councilmember Ricker suggested into an agreement to purchase property wound De su.rendered building senior housing. The with Mr. BoNsJ air, as well development of senior housing. s tnat the City Council could enter the s?nior nousing site. The to the HRA for the purpose of HRA could continue to negoti .i to as ti study other options for MOTION was made by Councilmember Ricker, seconded h; Mayer Bergman, to authorize the HRA to pursue development of senior hnusi nq, with the condition that if a bond sale Is :lel d% the City would be refunded for the cost nf land nurcnase, SAC 01 ge%, park dedication fees, etc. It wou'I be the HRA's di scretion witetner to conte nue to negoti ate a 1%&) K : wi th Mr. Boisrlair or whether to develop a proiect with .ether funds. Counc'lmembar Ricker stated the Council should p-ovide Mr. Bo:scldlr wi`h direction of whether at this point they favor c -,mbining the senior housing project with the townho-ise project u Ing tax increment financing. RESOLUTION n. 90-229 AUTHURTZING ' SOLICITATION OF BIDS FOR VIDEO EQiPMENT Item A -W Senior Citizen Housinq Item 9-A Regular Council Meeting March 190 1990 Page 105 Mr. 6oisclair agreed thall the townhouse project snould stand on its own planning merits. " statel he 1 ntends to proceed wi th the townhouse project separately if the Council rejects the senior housing proposal. Counci l6member Rick to stated the levy capability of the HRA would replace the need fir tax increment fig anc'ng. Motion carried on a roll call vote, five ayes. TION was made by Councilmember Ricker, seconded by rouncilmember P tur, to state the sense of the Council that the City does not favor combining the senior housing project it1 th the townhouse projcac t using tax increment financing. Ittion carried f .e ayes. Counc i l.aember Vass i 1 ou stated soe would like the Boi sc 1 ai M proposal to still be considered. Manager Willis stated nothiig would preclude Mr, 4uisclair from we rki ng with the MRA to propose a project, err from pursuing ; housing prujec t on another site. Manager Willis recommended the City Council confirm the Legal Services appointment of Holmes A Gravea Chartered as attorneys for the Item 9.8 City of PI.Mouth, Councilmember Vasiliou said se does not support the retainer system and an itemi4.ed b+lline of which departments are utilizing the Attorney shouiu be available, She stated that a major disservice is done to not look at various options for legal services. She asked what the term of appoint.nent is. Manager Willis stated it is an on-going appointment. He and Atto-ney 111wmson will discuss a method of 1 oggi .g and reporting the attorney's time by department. MOTION was made by Councilmember Zi tur that each employee track the number and length of call made to the attorney and file the information with the finance department for reference. Motion failed for lack of a second. Mayor Bergman stated that at the February 8 migting staff was instructed to receive oposal s and no proposals were received. MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO, 90-229 Councilmember Helliwell, to adopt RESOLUTION NO. 90-229 APPnINTRNT nF CJTT" APPOINTING THE ..AW FIRM OF HOLMES A GRAVEN CHARTERED AS THE CITY ATTORyEY ATTORNEY, Item 9-8 Regular Council Meeting March 19, 1990 Page 106 r Motion carried on a roll call vote, Aelliwell, Zitur, and Ricker ayes; Vasi 1 iou and B ,rgman nays. The Council directed the City Manager to develop a system to track depart gents ` use of the City Attorney and report back to the Cvunci 1. The Council received the Public and Capital Improvement Project Status Reports. AOTION was made by Councilmember Vasiliou, seconded by Cound lmember Zitur, to adopt RESOLUTION N04, 90-230 APPROVING THE TRANS"•ER OF FUNDS FOR PROJECT #801, #8170 #834, #9059 '.ND 912. Mation carriqad on a roll call vrite, five ayes. Manager Willis provided a legislative update. The meeting was adjourned at 1:10 a.m. Project Status Reports Item 9-C RESOLUTION N0. 90-230 RWECT FUNDING APPROPRIATION Item *9-D Legislative Update I tem 9-E 9