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HomeMy WebLinkAboutCity Council Minutes 05-21-1990MINUTES REGULAR COUNCIL FETING May 21, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:01 p.m. in the Council Chambers of the City Canter at 3400 Plymouth Boulevard on May 21, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: Assistant Manager Development Director Director Moore, and LYON W AgRRJ City Manager Willis, Boyles, Community Tremere, Public Works City Attorney Thomson. Items 7-H-3 and I -L wer© removed from the Consent Agenda, MOTION was made by Councilmember Ricker, Convent Agenda seconded by Councilmember Ziturq to adopt the Item 4 Consent Agenda as amended. Motion carried on a roll call vete, fife ayes. PUBLIC K ,ARINN44 City Manager Willis introduced both public hearings. Both projects have been reviewed by the City Council, 1-ublic mottings have been held about the proposed projects. The Council deems the work to be appropriate. Notification has been provided in both the official newspaper and through mailed notices to those in the benefiting area. He explained the blue card system and indicated that the next step in the process would be to order final plans and specification, bid and award contract, construct and assess the project. A second notices will be provided to persona benefiting to attend the special asseasmant hearing, Fred Moore stated that Project 025 involvc s Is'the construction of 25th Avtnue watermain from Lancaster Lane to Highway 169 frontage load. It is proposed before the upgrad'.-iq of 25th Avenue. Projects 025 and 014: 25th Ave. Watermain; North- west Trunk Sanitary Sewer REGULAR COi1NCIL MATING MAS Ai, 13J0 PAGZ: 167 Dick Moore from the consulting firs of Short, Alliott, Hendrickson, Inc., stated that there is existing watersain for the first 150 ft. east of Lancaster Lane. Thereafter 350 ft. of 6 inch watermain would be installed. He stated that the project would also involve a sewer stub. The estimated costa are X12,000 for watersain and $675 fe)r sewer *Qzvice. The estimated a8se83ments for the five properties served would be $2,460 per lot. Mayor Bergman opened the public hearing at 7:12 p.m. Michael illia, 9610 25th Avenue North, stated that they do not want the improvement. The street is rural in character, their wells are deep and the water pure, and they have no need for the costs and the loss of wildlife with which this project will entail. The hearing was closed at 7:15 p.m. Carole Helliwell Pictures of 25th that homeowners area. asked whether there were Avenue North. She clarified want nothing done in this Councilaember Eitur stated that he visited the site. Mayor Bergman asked for clarification of the location of fire hydrants and why two fire hydrants vera so close to one another. Director V,3ore stated that this proj..ct is required to provide water to this arae for potable purposes as well as essential fire services. Coun:ilmember Ricker stated that sewer and water are %.,tilities not supported by tax dollars. Property jwners need water in order that the Tire Department ca.: fight fires. Councilmember Vasiliou suggested that it might be appropriate to try to pare down the cost of the project. She did say that it was a basic service and she belibves that basic services should be provided. She asked whether this was as low as tKe project could cost. Director Moore stated that the r,ize of the watermain has been downsized to 6 inch RiOULhR COUNCIL MMING MAY 21, 1990 PAGZ: 1 G which is the minimium. 8arvicvs could be shortened, but that would simply Man shifting costs to property owners at a later date. This night save property owners a $100 at present. Councilmember Ricker suggested that this item be sant back to the Assessment Committee. Mayor Bergman suggested that the neighbors sign a petition regarding the project and provide it to the Special Arsessment committees NOTION was made by Councilmember Relliwell, seconded by Councilmember Ricker, to defer further consideration of this project until tho Special Assessment Committee had reviewed and reported. Motion carried, five ages. Public hearing for Project 014, Northwest Trunk Sanitary Sewer was opened at 7:28 p.m. Manag*r Willis el'%"Vated that the northwest trunk sanitary sewer extension is called for in the 1990 Capital Improvements Program. The truck sanitary sewer project is assessed on an acreage basis. Connection charges RSC) are paid when customers connect. Lateral assessments are then made when actual piping serving the property is installed. Director Moore skated that the project is included in the 1990 CIP. This will open a substantial number of acrea for developmo%nt in the comm i%:ity. The hearing is on whether the trunk sew%r should be installed to terve these properties. Dick Moore displayed tho area to be served and the area that would be opened. He illuetxated how the sower would attempt to avoid the wetlands. He showed a detail of the service area, espaclally at the Amber Woods areas. He stated that the project would eliminate an existing lift station, tie stated that they will use inside drops to minimia.a the depth of the lateral sewers and the asso^iated costs. An HAW was prepared for this project and will be published next week. The Pollution Control Agency is doing the LAW, He explained the remainder of the time schedule. PRO•YZVT 025: 25TH AVENUE HATERMAIN Defer action Item 6-A-1 RZGULAR COUNCIL M19TING NhY 21, 1990 PAM 169 Councilwamber Vasiliou inquired about the cooperativeness of the DNR. Consultant Moore stated that they were noncomittal about the plan, but did suggest that the project be undertaken in the winter. Councilmember Vasiliou asked about the fabric which would be used to prevent water infiltration into the sewer piping. Councilmember Zitur questioned who would do the erosion control monitoring. Consultant Moore stated it would be the consultant's responsibility. Councilmeaber Helliwell state: that she was conzerned about the branch going through the wetlands. Consultant Moore stated that the water wou).d have to be dammed to allow the pipe to be buried. The wetlands would be reconstructed. Glenn Rivley, 17610 41st Avenue North, stated that he represents nine houses on 419t Avenue North and Highway 55. These houses were built in 1950 with their own sewer and Water systems. This is the second or third time that the systems have been reconstructed. He would like the City to consider installation of water and sewer. He was originally told that this would be provided by 1980, then 1990, now the year 2000. They would like to get lateral service, people in this area are concerned about paying 8400 now for something they may not have the use of for a number of years Director Moore stated than th* biggest problem with installing la,:as,.' sewers to undeveloped parcels is severan:e damages. The beat way to construct is as the land is platted. Mayor Bergman asked how Manager Willis stated that platted in the early 50's, involved in utility projects thi:i happens, the land was The City was not unitil the Was Councilmember Vasiliou questioned whether or not this project could be accelerated like the Urbandale Court project. Manager Willis stated that the City could get the costs for the next five year CIF. Rzt311LAR COURCIL MAY Z10 1990 PA GI: 170 N93TING Urbandale Court was a very costly project amounting to some $14,000 per lot. The hearing was closed at 6:C2 p.m. NOTION was made by Councilmember Ricker, R.NUT10,94-317 seconded by Couneilmember Vasiliou, to adopt ORDERING RMSOLUTION NO. 90-317, ORDZRING IMPROVEMENT IMPROVM'!' . AND AND PPXPARATION OF PLANS AND SPECIFICATIONS, PLANS, SPECS. NORTHNIST TRUNK SANITARY SIMMER, CITY PROJECT NW TRUNK SANITARY NO, 014, SEVER, PROJ 014 Item 6-A-2 Moticn carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to provide Glenn Kively with a petition that he can circulate to other property owners along 41st Avenue requesting sewer and water service. Motion carried, five ayes. I'STIT14N-1. _ PAM4 N _C.QHMIC&TIQI'(3 Manager Millis introduced an appeal from the Board of Zoning Board of Zoning Adjustments and Appeals Adj. Appeal, submitted by Jerome and Betty Begin. This Jerome i Betty item was deferred earlier when the Begin's Begin advised the City that they would be securing Item 7-A a building permit to construct a house on the parcel by May 21. This would render the accessory structure (the picnic shelter) an allowable use because the house would constitute a primary structure. The issue of location relative to the Shorelend Management Ordinance would remain unresolved, subject to a variance application not yet submitted. Barbara DeMars, 8791 Mason Avenue, Elk Riv4r, MN, stated that sha is appeatinq on behal! of her mother and father. She indicated that they had decided not to pursue this appeal and they would not appeal any act the City Council took. Her father and mother have decided not to acquire a permit for a house as originally anticipated. Councilmember Vasiliou asked what would happeii to the shelter. Ms. DeMars stated that they would take it down if required, 0 MAY 21, PA": COUNCIL 1990 171 M (TING MOT10" was nada by Councilmewber ;ticker, to deny the appeal of the ward of Zoning Adjustments and Appeals by Jerome and Betty Begin. Motion failed for lack of a second. Councilmo ber Vasiliou asked the C!.ty Attorney about the status of the City's legal action regarding the building. Attorney Thomson stated that the Zoning Ordinance requires a principal structure on each parcel in order that any building or use classified as accessory, such as the picnic shelter, can be allowable; and, secondly, that no permit was secured prior to construction of the building as required by ire DuildIng Code. He stated that the City initiated legal action to enforce the Building codes and, following hearings ~afore a judge, the Court is ready to rule on this issue, but afforded the Begin's the opportunity to pursue the administri tive pertait process including this appeal. The issue is whether the Building Official was correct in the interpretation of the Zoning Ordinance tha barred issuance of the permit for the constrti.-t ion of the picnic shelter. The Board of Zoning upheld that interpretation. Councilmember Vasiliou stated that she thinks the City has pursued this matter with a vengeance." The City has "brought out the militia" and it in "regrettable." Councilmomber Zitur asked about the difference in lakeshore property setbacks. Attorney Thomson stated that Pomerleasu Lake is classified as a natural lake requiring a setback greater than some lakes•, such as Schmidt and Bass Lake, per th Shoreland Management Ordinance which Lha City is required by State law to enforce. Director Tremere stated that re understoo(I that the Begins were withdrawing their appeal. He stated that the Building Official was correct in his actions since tree construction of a structure without a pern 9t is a violation of City Code. The Board of Zoning Adjustments felt that the Building Official had interpreted the urdinante properly, and that is the a::tiun befuce the City Council. 11 RAQVLAX COUNCIL HAI 21, 1990 PA6i: 172 Attorney Thowson that thy+ City this issue. MiZTI"Q stated that Council took he wojld prefer some action on NOTIM Rade by Ccunci ls*mber Ricker, seconded by Mayos Bergman, to den; the appeal of the Board of Zoning Adjustaont and Anpeals by Jerome and Betty Begin. Councilmeml er R.ickar stated that the City** currant requirements are clear. A permit should have been secured befor* the fact. In other instances, people have had to remve structures that were illegally :ona*.ructed and that the C+ty Coui%%A1 is obliged Lo enforce its current ).owe whether the law ar• potpular or not. The City is not the "bad guy." This action is being considered specifically because of who the applicant is. Councilmember vasiliou atated that there are many instances she is aware of where the ordinance has been ignored. dor example, there were 147 de.;ks constructed on common property in one development without the benefit of a permit in the 1970's. She asked iihether the Council wants to adopt recreation use standards in the ordinance. Councilmemmber Helliwell stated this structure is well built, maintained, and in a low traffic area, and she does not believe they should Aave to remove it. Attorney Thomson stated that there are twQ ways to deal with the issue. One is to dater action on the arpeal. The other is to have the Planning Cormisaion look at the issue after the City Council hae acted on this appecl on the basis that the ordinance may need revision. Councilmember Ricker etated that the App.i1 160 1990 minutes clearly indicate that the Begins intended to get a permit for a hours by May 21. They did not follow through with the action they stated they would take. Roll Call: Two ayes, Councilmember.s Zitur, Helliwell, Vasil:.ju - Nay. Motion defeated. 0 PXGU AA COUNCIL HFIZT I NG MAY 21, 1990 PAGZ: 173 MOTI(M &ado b/ Cotuicilmember titur, seconded by Councilsasber Va.siliou to direct the staff to investigate ordinance standards and prepare a toning Ordnance amendment which would ollow for secondary or accessory struc+_ures on lakeshor4 lots without primary structures. Motion to +send wade by Councilmember Ricker o include garages within the purview of the ordinance. Motion died for lack of a recond, Councilnember Zitur stated the motion did not include garages or boat houses. Motion carried on a Roll Call vote: Tour ayes. CouncAlmetaber Ricker voted nay. MOTION was ;sad• by Councilmember Zitur, seconded by Councilmem"r Vasiliou to table this appeal pending the results of the start response to tho Council dir*Qtion, Motion carried on a roll call vote, ayes. Councilmember Ricker voted nay. Councilmemlier Vasiliou representatives why the sign Council is the right Man. ethers had prepared pians and revisiono to the pl" shortlis asked plan before She stated hAve asked thereafter. Bill McHale, Ryan Construction Company, 2nd Avenue, Minneapolis, stated that the plan is based upon their experience similar facilities. Target Greatland erected the type of sign proposed in past, dour R fan Ryan Constrict ion the Co., VUD T1nal that Sign Plan, for Rockford Road Plata Item 7-8 00 sign with has the Councilmembe: Vasiliou questionod whether the sign calcis+ation addresses the and of the building as she has reon a number of wraparound aigns. Director Tremere stated that the ordinance all.'1'46 for 5 percent of the wall supporting t.ht sign, Mr. McHale stated they undera+tantl the conditional of the approving resolut i )n and they have control over the signs throughout the developme t per the plan. REGULAR COUNCIL MUTING NAY 21, 1990 PAM: 174 NOTION was mads by Counctlwewber Vasiliou, P9304 OV 90-310 secorxed by Coun%-ilmssber Zitur, to adopt APPROVING MUD RSSOLUTIOP NO. 90)-319, APPROVING MUD FINAL MASTZR SIGN PLAN SITZ PLAN 41 `UTZA 3I ON FLAN) FOR RYAN ROCXrORD RD PLAZA COM3TRV.'CTION COMPANY FOR "ROCKFORD ROAD 89014, Item 7-9 PLAZA" 499014 MUD 99-2) . Motion carried on a roll call vote, five aye.. Director Tremere stated that this petition was last before the City Council on February Se :99P. At that time the Planning Commission had provided no recommendation on a tie vote. The City Council directed that the item be deferred so the Planning Commission could reconsider the issue following meetingo between the petitioner and the neighbors. The petitioner not with neighbors on two occasions and the item has been to -reviewed by the Planning Commission. The proposal before the City Council was reeomended by the Planning Commission on a 4 -to -1 vote. The modified plan provides for rezoning from FRO to R -IA, approval of the is site plan, approval of a conditional usa permit to use the church as a schcol, approval of a second conditional use permit for the height of the spire, and a variance to defer off street parking. There was some discussion by the neighbors that the existing petition be the maximum allowable construction on the site and correspondence had been sent to the Council in that regard. Attorney Thomson clarified that the City dean nrt have the authority to unilaterally limit construction below what the ordinance ailows. The church could, however, voluntarily do so. Jack Ovick, architect for Medicine Lake Lutheran Churche reviewed the proposed changes. Councilmember Zitur expressed concern about security lighting. The architect reviewed the lighting plan with the City Council. Mr. Ovick stated that the gable roof had been turned into a hip root to reduce the profile. Fencing and landecaping have also been added to improve screening. is Cm-actlmeimber titur asked wa%1it the Foisibility of a traffic light. Director Toots stated that this intersection will have Medicine Lake Lutheran Church, Rezoning, Site Plan, Conditional Us* Permits, Variance Item 7-C lti4tlL R COMOCIL "MING 01Y 21, 1990 Pis 175 difficulty meeting traffic warrant*, especially considering that it involved Zachary Lane and old County Road 9. Councilmember Vasiliou asked whether the parking standards are based upon school or church requirements. Mr. Ovick stated that the parking requirements reflect both school WW church requirements. MOTTOP was nada by Councilme ber Ricker, seconded by Councilmewber 59111well, to adopt RBSOLUTION 110. 90-3190 APPROVING SITE PLAN, CONDITIO"AL U39 FZMITS ARD VARIAHCZ FOR MD I C I NZ LAKs LUMP" C HURCM (6 9 0 8 6) . Motion carried on a roll call vote, four eyes. Cuuncilmember Vasiliou voted nay. Councilwwmber Ricker asked that the minutes reflect that it is the sense of this City Council that expansion this f :ility in the future is not viewed favorably, given the potential conflict with surrounding homesteads and a&Jitional traffic deaands. Director Tro"re introduced the request by Dennis Arne for rezoning a preliminary plat for Arne Addition located at 44th Avenue •asst o! Vicksburg Lane. This petition has been approved by the Planning Comeission. Conditions were added attempting to deal with tha potential impact that this plat would have on the Gu(1d&l property to the north. Dennis Arne, 4435 Vicksburg Lane, stated that he believes the timing is correct for the project and that he is available to answer questions. Councilsewber Vasiliou asked Consultant Rick Sathre what: considerations the Arne' s 4,live to the Guddal access . Rick Sathre. Sathrre-Bergquist, Inc., 150 S. Broadway, Wa7zata, stated that the original plat gave access via "necklots." The Guddal's wanted to plat three lots of their own with street access, including continued access onto Vicksburg Lane. Tho Arne's attompted to supply access through two lots which will allow for street access. Counciisember Vasiliou asked about Guddal's concern about open water, Kr. Sathre stated PJ6MVT1W- APPROVING SITE PLAHO CUP A VARI.AHCS HZD . LK, LU?HEI M CHURCH (@%06) It** 7-C Arne Addition, Rezoning, Prelim% Plat Item 7-D MXKWLAR COUMI L MAY 210 1990 FAGR: 176 NMIPQ that a section of the ditch would ruin an open ditch. Director Moores stated that this developer would put a pipe within the plat except where there are trees lining the areal It would restrain an open ditch. Ole Ouddal, 6465 Vicksburg Lane, stated he 62as not oppose the changes in Boning or the peat. His only opposition to not beim asked his opinion before the plat was finalised re,tatiee to the impact upon his Rropel ty. Be has, presented a proposal both to the City Council and to the Arne's which would not hinder the Arno plat, but would provide his tre type of access he believes is necessary and desirable for his parcel. No expresaed concern about the easement that was secured by the City for drainage. It should have been on the joint property line rather than witWLn his property. Also, acquisition of the access rights to VicW.-urg Lane is bothersome and #should be altered. Councilmenor Helliwell asked whether t ie easement should have been on the property line. Director Moore stated that Vicksburg Lane is a rural roadway and the reason for the drainage easement being within the property ltne reflects the ditching on either side of Vicksburg. Councilmember Helliwell questioned the access to the property and tho fact thataccess to the Guddal' s home wou. be via a 700 ft, drive wrapping aroun3 t)i, building. This would change the nature of the propertyy. There was sc,a%e question as to whether or not to defer the issue. Director Tremor* clarified that the City has to act on this petition within 120 days unless the petitioner agrees to deferral. KOTU M was madik by Councilmember Vasiliou, seconded by Councilmember Helliwell, to defer this subject for thirty days to give both parties the opportunity to ;.onfer and reach a mutually satisfactory Qonclusion, lotion passed, five ayes. Mr. 9athre objected to the deferral since the application was in order and the delay would potentially slow down the developmoitt . The Defer action on Resuning and Prel. Plat for Arne Addition Item 7^D MO!' AX C(AWIL M UTIVO XhY 23, 1$90 PALM t 177 Mayor asked that the parties wet promptly so the item could be returned at the next meeting* Councileeeber vasiliou stated nhe was concerned about the outside storage and rooftop screening for the Target struc*E1re. ltagvial Rudquist, 2322 Seabury Avenuo So. , the t Target architect, stated that she teals the trash is naturally screened. She explained the trash compactor W -.gyp :o: the Target structure. The cardboard is fed to the cowpactor frow inside the building. The container containing t1ne compacted cardboard is romwed. Adding a gat* Mould slow down the process. Planner Tro"re stated that the ordinance standard dealt with freestanding dumpsters which were not enclosed. He stated that some users considered the container itself to be screening. The Council should view this issue as a aossible precedence - creating situation. Councilmember Ricker stated that he would support an annual review of this question. Maayor eergean requested a< letter from Target stating that the situation of the building on the site makes an enc,orure unnecessary. Counciloomber Rickel said that the same thing could apply to the rooftop screening. Director Tremor* stated that the ordinance or rooftop screening is perforaance basad and he noted the proposed conditions of appsvval. Councilmeaber Mlicker •tatoo that he thought the letter would he a good idea in dealing with the problem. Councilsomber Zitur stated that he was concerted about the fencing of the trash compactor, CounciAsombor vamiliou racalled that the Council has already made an exception for rooftop screening for the school district. Mfr. McHale representing Target, stated no would be willing to use a specific objective ci iteria, such as *tete noise standards. He Agreed to the letter requested. 0 Target PGD Tinal Site Rockford Plaza Iter 7-i Storas, Plan toad REGULAR COUNCIL MEETING MAY 21, 1990 PAGE: 178 WTION was made by Councilmember Ricker, RESOLUTION 90-320 seconded by Councilmember Vasiliou, to adopt APPROVING MIXED RESOLUTION 110. 90-320, APPROVING MJXED PLANNED UNIT PLANNED UNIT DEVELOPMENT FINAL SITE PLAID FOR DEV. , TARGET STORES, INC. (90025) (MPUD 89-2) FINAL SITE FOR including &nendments to condition 8 and 10 to TARGET STORES the effact that if a verified complaint is (90 05)(MPUD 89 - received either about rooftop screening or 2) trash enclosure, the matter is to be reviewed item 7-E. inmdiately thereafter by the City Council to determine compliance with the intent of the ordinance standards. Councilmemb r Zitur moved to amend condition 8 to eliminate the word "without" and insert the word "with." Motion died for lack of a second. Roll call on the main motion adopted, five ayes. Manager Willis stated that a letter had been received from Richard and Ruth Thiesen, 100 Peninsula Road, Medicine Lake, regarding their cunceins about the proposed 15th Avenue street nrd storm sewer improvements. This item has been placed on the agenda at the Coun,;il's direction. Director Moore stated that the letter was addressed to the Harrer's who dere the petitioners for the project. Director Moore stated that if Medicine Lake objects to the project, he would recommend that the City Council discontinue further consideration of the project. IAO, on the ether hand, someone objects to the project at the City's assessment hearing, the Council should drop the project as well. No one was present to addr)ss the City Council. Letter regarding proposed 15th Avenue Project Item 7-F Kiki Sommers of the Minnesota Tenants Union, Request for requested that the City Council consider Housing adopting a housing code and inspection Code & Inspection program. At minimum, the City's inspection Service - program would respond to complaints from llir:,esota tenants. A warning tag woula ne givdi it no Tenants' Union correction is made. The City would then Item 7-G prosecute. Many cities have such an ordinance including Brooklyn Cenoer. She PXGtTLAR COUNCIL MUTING MAY 21, 1990 PALM: 179 stated that the entire city benefits. Homeowners and people owning property would benefit by having butter improved, property in the City. Si --9 believes that the cost to the City is 4mimal, perhaps as low 7%s $35,000 annually. She cited problem areas at Your Seasons Villa, Mallard Point, and Alpine Village. Robin Humphrey stated she is resident of Four Seasons. The rents are higher but the carpet smells of dog urine, the balconies are separating from the building, the charges are excossive for laundry. She says there is nothing she can do under het existing lease. Sandra Pollock stated she lives at Four Seasons Villa. She stated that the pet rent is $20 per month and the car garage is also extra. The bui`.ding is not well maintained, the pet walk is dirty and there are too many parties in the area. Good neighbors are uovi:ig out. Harvey Guttman, Four Seasons Villa, stated that the baths were built defectively around the shower stalls resulting in water leakage in the bathrooms. The drywall gets saturated, the faucets leak and the patios are cracking. MOTION made by Mayor Bergman, seconded by Councilmember Helliwell to direct staff to 4svelop a report on what the City Code requires. He stated that a study session may be necessary to follow up on this topic. Cou4icilmember Vasiliou stated that apartment owners do already have rights regardless of the status of the ordinance. The costs suggested by Kiki Sommers are not accurate: probably very low. The enforcement procsas as portrayed .ie very simpliotic. C:ouncilm`, Aber Helliwell expressed an interttat in having the concept cot;ted ot.;b . Motion passed, five ayes. MOTION was made by Couneilmember Dieter, seconded by Coincilmember Zitur, to adopt RROII"Qz 90-13 ORDINANCE N0. 90-13 , AN ORDINANCE AM!NCING AMENDING 80-9 PORTIONS OF THE ORDINANC^ 80-9, ADOPTED JUNE YARD WASTE i 16, 1980, AS AMENDED, AND KNOWN A3 THE COMPOSTING PLYMOUTH ZONING ORDINANCE, RELATIVE TO YARD item 7-H-1" WASTE AND COMPOSTING. NZGVLAIl COUNCIL MRY 21, 1990 PAGZ: 180 HZZTING logon carried on a roll call vote five ayes. NOTION was made by Councilmeaber P.icksr, seconded by Councilm ober Zitur, to -.dopt ORDINANCE NO. 90-14 , AN ORDINANCE RELATING TO LIQUOR LYCZNSZ REQUIRKbMNTS RELATIVE TO LOCATION; AMRNDING SECTION 1206.45 OF THE PLYMOI • TH CITY CODE* Motion carried on a roll call vote, five ayes. NOTION was made ty Councilmember Ricker; seconded by Councilmesaber Zitur, to adopt ORDINANCE N0. 90-15 , RENAMING WEST MEDIC144E LARZ DRIVE TO NORTHWEST BOULEVARD BETWEEN COUNTY ROAD 9 AND 47TH AVENUE NORTH. lotion carried on a roll call vete, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmembor Zitur, to adopt RESOLUTION NO. 90-321, APPROVING FLANS AND SPECIFICATIONO. AND ORDERING ADVERTISEMENT FOR BIDS 1990 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 001. Motion carried on a roll call vote, five ayes. Rick Brown, Strgar-Roscoe-Fausch, displayed a graphs(- sh•%wing variou& potential alignments for r,,unty Road 9/24 from Vickeburg Lane to Kimrecly Lane. He stated that the alignments looked at the project relative to DNR protected wetlands as well as location of trees and the geometric designr with other intersections. The plan assumes a future grade separated interchange at County Road 24 and 55. The property linea of individual property where not reviewed. Essentially two concepts were reviewed. One passes to the east and the other to the we:;t of the wetlands. The westerly alignment concept is recommended on the following baais: 1) wetland impact is minimized; 2) it is most favorable geometrically; 3) there is no curve at the intersection with Highway 55; 4) the intersection with Medina Road is ORDINANGG 90-11 LIQ. LICZNSE REQU I REMSNTS Item 7-H-•2* RDINANCE 90-15 RENAMING 14. MED. LAKE DF.I VE TO NW BLV*) Item 7-H-3 RESOLUTIOl7 90-321 APPROVING PLANS 1990 STREET RECONSTRUCTION PROD. 001 Item 7-I" Alternate Alignment Studies - C.R. 9/ C.R. 74 - Vicksburg to Kimberly (Prof. 031); Medina Road - Brockton o C.R. 24 (Proj. 031) Item 7-J-1 i 2 PAGULAR MAY 21 PAGE: COUW..I L 1990 lel MUTING closest to a 90 degree angle; S) the westerly alignment is most flexible Iron a future interchange perspective; 6) the construction phasing is better. Councilasaber Vasiliou clarified that this matter goes to the Pianning Comission before final action* Lee Bakewell, 1846 Delaware, asked whether cr not there were any cost estimates at this point in the project. Director Moore stated that there were not. qtr. Bakeu.11 asked whether the westerlx Mould take out part of the nursery. Flick Brown of Stragar- Roscoe--Fausch described the impa-zt on the nursery of the interchange. Kr. Bakewell stated that ora advantage of the easterly route is that the right-of-way is already acquired. The east alignment uses vacant land and does not affect the nursery. He nould favor leaving the interchange as it is until traffic figures show that it is needed. Jerry Theis, 801 Valley Drive, St. Michael, stated that he represents Dunde• Nursery. He in concerned about the Impact of any roadway improvenents on his business. He is most interested iii the east alignment. Hans Hagen, 2353 No. Rice Street, stated that he likes the west alignment. It complies with tree City's Transportation Plan. He requested that if a decision is made without property owner input, that it is likely that this plan will have to be reworked. He 3u9g0$ted that one poatibi.lity would be to m..aint.ain County Road 24 as a rural suction to saves money. The aecond lane could be dropped in at a later date. Councilmembir Vaailiou ^!+ked that the property owners' input be obtained J.n tandem with the Planring Commission consideration, and that when the staff gets thou additional materials on the roadway, that the property owners receive copies of the reports and recommendations. MOTION was made by Councilmember Heliiwell, seconded by Mayor Bergman to receive the preliminary alignment study and submit the study to the Planning Commission, State and County for review and recommenadtion. Receiving prelim. alignment. study, Project 031 Item 7-J-1 U PZGVLAll CORM 1 L MZZTIMG MAY 21s 1990 PAGZ< 182 Motion carrieJ, fi re ayes. Director Moore stated that alignments for Medina Road at County Road 101 are being sought. Gene Anderson of Donahue and Awsociates, stated that his firm had prepared three alignment alternatives. Alternative A reduces the angle in existing Nadina Road to try and get as close to a 90 degree intersection with 101 as possible. It also eliminates the rwverse curve, but comes within 2.5 feet of the Hughes homestead. The right-of-way 'in* is also within 25 feet of the e(!ge of the Peace Lutheran Church. Alternate 8 squires the purchase of the Hughes homes and a right-of-way easement may be rieoded from the church. Alternative C tries to get a 90 degree angle at the intersection sial moves the existing intersection 400 !net to the nortsi. Mr. and Mrs. Hughes state that Alternate A is the worst, but- that Alternate 8 and C are acceptable. Hans Hagen stated that he had sold an option to the land in this area to a firm that wishes to put a camp?is in. lie prefers Alternate a in that the lost right-of-way acquisition is needed. MOTION was made by CouncilmismLvr Ricker, seconded by Councilmember Vasiliou, tc endorse Alternate B. Motion carried, five ayes. MOTION waa made by Councilmember Ricker, seconded by Councilmembmr Zitui, to adopt RZ80LUTION NO. 90-3228 AWARDING BID COUNTY ROAD 101. TRUNK WATERMAIN IIPROVFJlZNT3, CITY PROJECT NO. 906. Motion ayes, carried on a roll call vote, fivo MOTION was made :)y CouncilmeW)or seconder by Cau,sciimember Zitut, i1 SOLUTION NO. 90-323, AWARDING AVZNUE/RANCHVIEW LANK, CITY PROJECT Ricker, to .adopt BID SrH NO. 4V, Receiving report and 06lecting alterna!:e alignment, Proj. 010 Item 7-J-2 U NLUTION 90-3U AWARDING HID C.R. 101 TRUNY WATZRMAlN, PROJ 906 Item 7-K-1 * WSSOLUTION 90-323 AWAK) I NG B I D 9TH AVE RANCHVIEW Item. 7-K-2* RWOULAP. Mux 21, PAGE: COU"CIL 1990 183 H9sT I NG is Motion carried on a roll call vote, five ayes. Councilstestber Vasiliou stated that she pulled Char.3e Order No. this item from the consent agenda becauso she 1, harbor Lane wanted an explanation of why the $17t000 IetpYvts additional is being paid by the City. Bob Project 912 chunicht of bonestroo, Rosen*, Anderlik i Asso^'at*s, stated that the increase was dice to relocation of curb stops for water services. Two more services also needed wc,, k. HOTIOF was *ad* by Councilmember Zitur, MSQLUTIQN 90-3?1 seconded by Councilme.aber Ricker, to adopt APPROVING CHANGL RESOLUTION NO. 90-324, AFeROV&;1G CHANGE ORDER ORDER, K&WR NO. 1, HARBOR LANE STREET AND STORM Slr1/ER LANE IITROVPWNTS, CITY PROJECT NO. 912. STREET i STORM JZWER PROJ. 912 Item 7-L Motion carr:sd on roll call vote, five ay*3. MOTION was Tad* by Co%:ncilmember Rick•%r, MOLUTiON 90-325 seconded by Councilmember Zitur, to adopt ORDERING REPORT RfSSOLUTION VO. 90-3251 DECLARING ADEQUACY OF STREET LIGHTING, P3TITION AND ORDFR:V.4q PREPARATION OF REPORT PARRVIEW RIDGE STRzzr LIGHTING, PA"VlZW RIDGE ADDITION. Item 7-N+ Motion carried on a roll cal'. vots, five ayes. MOTION was made by Counci lm*mber Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-326, RECEIVING REPORT AND ORDERING RROJ=CT - STREET LIGHTING, PARKVIZW RIDGE ADDITION. Motion carried on a roll, call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 90-327, REDUCING DEVELOPMENT BOND, &&CHARY HEIGHTS ADDITION! (880042) . Motion carried on a 1011 call Vote, f:ve dyed. MQ:WTi4N Q-)26 RECdIVING REPORT STREET LIGHTING, PAR.KVIEN RIDGE Item ?-M* RESOLUTION 0-327 REDUCING DEV. BOND ZACHARY HEIGHTS ADD, Item 7-N* P2GW ll MAY 21 , PA49: COUNCIL 1990 104 HOTION was soconded by RESOLUTION RELATING TO H"T I NG wade by Counci lmen ber Ricker, Counci lmeaber Zit ter, to adopt NO. 90-325, AM Nz. `NG POLICY EROSION AND SILTATION CONTROL. Motion carried ayes. on a roll call vote, five NOTION was made by Councilaeaber seconded by Councilmember Zitur, RESOLUTION NO. 90-329, AUTHORIZING FOR PAY:IRNT NO. S, DRILLING OF WELL CITY PROJECT NO. 909. llot ion ayes. Ricker, to adopt REQUEST NO. 12, carried on a roll cal. vote, five MOT7+1' was made by Councilm•,mber Ricker, seccoded by Councilmember Zitur, to adopt RLSO:.UTION NO. 90-330, APPROVING DISAURSFMLNT FOR THE VZRIOD ENDING APRIL 30, 1990. Mc: fon carried on a roll call foto, f_vm ayes, MOTION was made by Councilmember Ricker, seconded by Cruncilmember Zitur, to adopt RESOLUTION NO. 90-331, AUTHORIZING CONVEYANCE OF FIRE TRUCK 1 TO PLYMOUTH HISTORICAL a0C I MTY . Motion carried on a r<il 1 :all vote, five ayes. MOTIOL was made Iny Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-332, A.PPRO VING AM.15LMENT L'CENSE FOR FOUR SEASONS MRC'HAOTS ASSOCIATION. k4otlon carried on a roll call votR, five WORTS VF OFrIQZFiS, B01 RDS AND C(-1MMISSIONS MOTION was made by C'oun i lmmmber 7.itur, seconded by Council nemher Helliwell, to interview Ndtl&nda Ta44 f'o&ee Candida tea and to consider al p,)intment of foul residents rather than two. Manager Willis auggemted that only thoso individual who but)m tted ajNplications wi`t in the original time limit be considated fur interview, RLSOLVTICN 90-320 AMENDI%#G POLICY EROSION CONTROL Item 7-0' RZSQLVT*N 90-329 REQ. FOR PAYHZNT WELL NO. `2 PROJECT 909 Item 7-P' FZ30LVTIQN 90-330 APPROVING DISBURSE- MENTS Item 7-0* USOLUTION 90-331 AUTHORIZING FIPE TRUCK 1 TO PLY. HISTORICAL SOC. Item 7-R• RESOLUTION 90-3341 APPROVING AMUSEMF'4T ICENSE - FOUR SFA30NS ITEM 7-S' NETLA"IDS TASK FORCE Item d -A E PZQVLAA AV Zl, PAGZ z COUNCIL 1990 105 Notion ,:arried, MUTING fiv ayes . MTION was made by Councilmemb*r Polliwell have the individual who subs ltted appli.:ation late be included in interviews. Motion died for lack of a oecond. Ira an the The Council concurred that they would establish an int or,iew date at a future time, NOTION was made by Councilmember vasiliou, PR!v CT STATJS seconded by Councilnesb4r Ricker to receiae REPORT the vrolect Status Report. Item a -b Motion carried, five ayes. There were no CCR reports. Councilwember vasiliou requested the Iden Prairie and Minnetonka information which was generated on the subject tit expanding the City Council. she also stated that the Northwest Swim and Health Club has a $39 membership special. Councilxw ber Vasiliou requeated a statin report cn the rooftop screening at Gleason Lake School notiiq that bids for the work had begin receiv-id by the School District. Manager Millis explained that the School District had requested an extension of time so the work could be den* after school was out. The Building Official granted that extenaion. She asked that any extension to the July 16 Seadline should have been considered by t.a City Council. CourcilAmomber Vaailiou requested information on the final DWHR billing fc4= the community cent *r . M4nager Willis stated that part of the bill, 7,000 or $8,000, had been received fur the first phase. An additional $15,000 had been due for engineering services previously agreed to in the agreement, While he kciew that it was due, he was not inviting the consultant to generate a billing. There were also eumq% minor ccnsaltant hills which are due. Jim Thomson stated that he and the CCR Reports Item 6-C vir P SGULk1t COUNCIL 1M42M4 HhT 11, 1990 IPAGZ: 1.6 Wnager had not with two of the architect ropresentativem last week to discueb their concerns. The City has no change in position. ?he architect has expressed an interest in meeting with the City Council to discuss their observations at a otudy session. This would give them their final chance at the City Council. Councilmewber Vasiliou stated that shoe was under the understanding tort the last bill eras the final bill and that the Co%jnci 1 should have been apprised if there were add'_tionai aysents to be made, hanager Willis said that them will be more billing to cows, there is a S to 6 polvont cancellat:&on fee %hick is provided for us:der the coistrac! . Attorney Thomson stated that the architect has subwit.ted a $159,000 claim. hey have asked to talk to the City Council. Councilsomber vasiliou stated :hat the City Council has a right to know what is going on. Mayor eergwan states that he could set up the swot ing hetes awn the Council and architect. Council"absr vasiliou stated Vat she cants to know exac*ll what the arch".tect may90requestatthesooting. Councilv*uber vasiliou states that the County Road 6 project is undorway. She stated that the City should have a conwunicatic,ne plan developed for this program even though it is a County project, The commur t cat i ons should include a letter to those who are affected which advises then of the tineline for the project, what they can expect, how they can communicate with the agencies involved and the appropriate contact porson. Trod Moore stated that this is infarnation that the City will receive at the pre-construct'on meeting. Counctlaiamber Tricker indicated there would not be art HAA meeting in May. ?here was also a question about the Panning Commission date being the same as Music in Plymouth. Couneilmenber Helliwell stated that she will be walking the Schmidt hake Road proposed alignment nex` week and asked that other councilsombers accompany her. She asked for a status report on the private road question. Trod Moore stated that this issue requires a Planning Commission hearing, but that a report would be available for tho Special Assessment Committee in the near future.. 0 R OULA1 CO1111C1L NXT 21, 19 0 FAGS s 197 Co nci ls"bors Relliwell who incl%WW in the Hennepin County Property tax Mine agreed with Counci lmeeber asked that an article be Plymouth Mess regarding tho Library and the amount of dollars Plymouth residents contribute to the library system. Cauncileembers stated that the dredgiv.9 of Parkers Lake issue Mould not be conslooered until the 1991 budget and CIP process. Mr. Vill*galle should be advised accordingly. Councilaember Vesiliou asked about the status of the 310,000 request from Carol eryan for park equipment. Manager Willis stated that he would provide a status report. Nayvr Bergman announced that thoD would be moving in to closed discuss a proposed set t' eeert condemeation case. City Council session to in a land The Meting adjourned at 12:25 a.w. M