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HomeMy WebLinkAboutCity Council Minutes 08-20-1990MINUTES REGULAR COUNCIL MEETING AUGUST 20, 1990 The regular meeting of, the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m, in the Council Chambers of the City Center at 3400 Plymouth Blvd. on August 20, 3.990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant City Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Finance Director Hahn, C;ty Attorney Thomson, and City Clerk Rauenhorst Councilmember Zitur asked the City Attorney the process for reconsidering a previous Council action in order to hear additio-.ial input from a petitioner. He stated this wa& relative to the request for a Clasd II restaurant at Waterford Plaza which was denied at the last Council meeting. Attorney Thomson stated a motion to reconsider a previous action must be made by a Councilmember on the prevailing side and be approved by a majority vote. He stated that there is no restraint on the petitioner as to when the proposal could be resubmitted. Also, if the Council should act to reconsider, the action resulting from the reconsideration can occur at a later date. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to reconsider the request of Ryan Construction Company for Land Use Guide Plan Amendment, Rezoning, Amended MPUD Preliminary Plan/Plat, MPUD Final Plan/Plat, and c'.onditional Use Permit for a Class 2 Restaurant at Waterford Plaza (90052), and to add the request as Item 8-- B--1 on the agenda. Motion carried, five ayes. Reconsider Request of Ryan Construction Co. for Class 2 Restaurant at Waterford Plaza 90052) 7 0 0 Regular Council Meeting August 20, 1990 Page 314 Mayor Bergman presented a $500 check to Joe and Kathy Herzog for the "It's Not Trash, It's Cash" Recycling Contest, Mayor Bergman presented a $100 check to Howard and Elaine Koolick for the "It's Not Trash, It's Cash" Recycling Contest. Addresses were randomly selected for the September "It's Not Trash, It's Cash" contest. Items 9-M, 8-W, and 8-5-1 were removed from the Consent Agenda. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to Approve the minutes of the August 6, 1990, council meeting. Motion ca&:ied on a roll call vote, five ayes. PubliC..ReArin ff Mayor Bergman opened a public; improvement hearing at 7:09 p.m. for North Central Trunk Sanitary Sewer, Project 015. Manager Willis explained the proposed project involves the northerly extension of a 24" trunk sanitary sewer line from the north plat line of Rockford Road Plaza &ling the east side of Curtis Lake to proposed Schmidt Lake Road and westerly along proposed Schmidt Lake road to the west side of Highway 494. The estimated total proje^,t cost is $1,112,600. Manager Willis presented proposed estimated assessment rates and stated if the project is approved, an assessment hearing will be held when the work is substantially complete. Recycling Winners Recycling Winners Consent Item 5 Minutes Item * 6 Agenda Regular Council Meeting August 20, 1990 Page 315 Public Works Director Moore introduced a representative of Schoell and Madson, the City's project consultant. Councilmember Vasiliou stated that a letter regarding the project was received from Gonyea Land Company. The letter indicates there are several problems for the City and Gonyea to address relative to location of the sewer line. She asked if discussion has been held on this issue. Director Moore statod if the project is approved, the City will work with Gonyea to mutually establish an alignment. John Lino, Gonyea Land Company, was present and noted his letter is on file with the City. He had no further comments. No one else appeared for the hearing, and the hearing was closed .it 7:17 p.m. MOTION aas made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-496 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR NORTHCENTRAL TRTJNK SANITARY SEWER, CITY PROJECT N0, 015. Motion carried on a roll call vote, five ayes. PMOLIT10_ -9Q-496 ORDERING PROJECT NO. 015 Item 7-A Manager Willis stated that at the July Forum, Resident Concerns property owners addressed the Council on concerns at Quail Ridge they had of uncompleted work within the Quail Item 8-A Ridge Additione. Holly Monahan, 4255 Orchid Lane North, stated the Quail Ridge common :,rea is unusable by residents due to noxious weeds and inadequate grading. She stated the City should take some action against the developer to ensure completion of the improvements. The situation has continued for three years. Kris Quinn, 4195 Orchid Lane North, presented a list of concerns dated August 20, 1990, of the VAgular Council Meeting August 20, 1990 Page 316 Quail Ridge homeowners relating to the common area. The homeowners requested that the Council ensure the items summarized below are completed in a timely manner: 1. Common area regraded for proper drainage and then reseeded and maintained. 2. Dirt pile on southeast side removed. 3. Dead trees and shrubs replaced. 4. Path repaired in three areas and completed per plan with path going entirely around pond area. 5. Culvert installed to provide proper drainage on south entrance of park. 6. Path to Turtle Pari completed. 7. Curbing repaired. 8. Second application of asphalt on is developed streets. 9. "Future" play area developed with playground equipment installed as promised by Gary Persons, Ms. Quinn also presented the findingo of Liz Otten, a Horticulturist retained by the homeowners, on the current status of the project and recommendations for completion. Manager Willis stated staff has met with the developer, Dean Johnson, regarding the unfinished work and has satablished a t3.me frame for completion of some of the items described by the residents, i.e. those covered by City approved plana and contractual, agreements, Staff believes the existing site grading is not in conformance w:.th the approved grading plan. A revised grading plan has been received and is being reNviewed by the City, Manager Willis stated the dirt: pile will be moved from the common area to lots owned by the Regular Council Mooting August 20, 1990 Page 317 developer and used in Pl.ase a. The developer will replace dead trees and shrubs and repair the trail. The developer has entered into a contract for bituminous curb and qur.teL and street surfacing. Some sections of curb and gutter will be replaced. Manager Nillid stated he is unaware if development of a play area is covered in the City's agreement with the devol.oper. Manager Willis stated the developer has indicated that by September 7 the street surfacing work, grading of common area, ind removal of dirt pile will be completed. All work will be completed by September 21, Mayor Bergman auggedted that a etafF' member be assigned to cloeely monitor thic project. Councilmember Vasiliou stated she will not vote to approve future phases of a development or other projects for the same developer, when there are existing problems wita previous phages or developments. NOTION w4a made by Councilmember Vasiliou, seconded by Councilmember Zitur, to accept the time frame for work completion as outlined by the City Manager with all work to be ccupleted by Septerber 21, 1990, and to direc; the City Manager to app.,int r staff person to mon,%:or tf e project with weekly status reports to the Councii. Staff is to also update the Qu'il Ridge residence of the status by notifying Holly Monahan and Kris Uuinr. Gary Persons, co -developer for the Quail Ridae project, stated that while he told residents play equipment ways proposed for the "future play ares" in they corrsnon area, City staff authorized ext.iinsive landscaping. That was done in lieu of play equipment tn the "future play area". In response to a question by Councilmember Helliwell, Mr Persona ata`*.d that from a devel.orment perspective various phases of it eubdiviei #3n nea.d to be coordinated. That ..s the reason one phase of a project cannot be completed before the next phase begins. r xegular 1:ouncil Meet rg August 20, 1990 Page 318 Mr. Persons stated he agreed with the time frame outlined by Manager Willis for completion of improvements. Motion carried, five ayes Manager Willis stated concerns have been expressed by several property owners in Kings North Addition regarding improper grading. He explained that the plans approved for the developer provided for the installation of an 18" storm sewer pipe across three properties - the Loehr's, Pike's, and Sandvold's. A Swale was to be constructed to carry the storm water from the storm events larger than five years. It is this overflow swcle which does not presently exist. The storm sewer pipe is in place and is functioning properly, but is not adequate for major rainfalls. Directir Moore explained four possible solutions to the drainage problem and the cost for each. He recommended that construction of a smaller wale in order to gain the capacity to carry the large flow of water and an underground tile system to dzy up the area would be a good c.ompromiae. The rear yards of the property would remain very similar to =heir existing condition, but adequate drainage would be provided. In response to a question by Councilmember Vasiliou, Director Moore stated the situati-in needs to be resolved regardless of responsibility. Director Moore ,stated this issue has been discussed with the developer and the builders. The developer states the swale was in place following site preparation. The builders did not comment on the awale; one builder said he had not seen the drainage plan prior to construction. Blizabe th Pike, 4560 Glacier Lane North, stated only the solution recominendec: by Director Moore would not significantly change the appearance of her landscaping. She stated the homeowners should not bear the burden of the cost for correcting the situation. Kings North Drainage Concerns Item 8-B U Regular Council Meeting August 20, 1990 Page 319 Terry 3andvold, 4550 Glacier Lane North, stated he has spent about $10,000 to do extensive landscaping on his property in order to avoid drainage problems. He objected to any option which would disturb his landscaping because he currently does not have a drainage problem. Mr. Sandvold suggested that the Council consider art additional option of installing drains in the lo% spots of the affected yards, to flow into the existing pipe. Joe Kern, 4560 Glacier Lane North, stated the open ditch on his property is a dangerous situation because of the amount and speed of the drainage water. The ditch is currently about 30' wide; +:. City easement is 20' wide. He suggeste,i that pipe be installed. Mr. Kern stated he is concerned about potential liability issues since the existing ditch extends beyond the easement. He stated the banks are continuing to erode. Kathy Loehr, 4570 Glacier Lane North, agreed that the safety issue should be addressed. Councilmember Vasiliou asked if Ms. Loehr had sought recourse from her builder. Me. Loehr said she discussed the proposed options with her builder, LDK Builders, who believed that none of the options would correct the problem. Me. Loehr stated the City should inspect final grading before occupancy in the future. Councilmember Ricker asked if the Kern property could be tiled to Fernbrook Lane so the volume of water could be controlled. Director Moore stated there could still be a water problem under certain circumstances. Most of the water is coming from the adjacent yards and yards to the south, not from Fernbrook Lane, Mayor Bergman asked the City Attorney ghat legal options are avA ilawle . ty Attorney Thomson staked the City could bring a suit against the builder and/or developer to determine who is financially responsible for interfering with drainage by doing unauthorized F ILI Regular Council Meeting August 20, 1990 Page 320 Mork in the City easement. However, the City probably can't require work to be done that was not approved in the original plan. In r%sponse to a question by Councilmember Vasiliou, Attorney Thomson stated homeowners could seek remedy from their builders without City involvemenit. Councilmerber Ricker stated it is difficult for the City to be involved in selectinq an option because the four owners involved do not agree on a solution. He stated he would be willing to have the City perform the work provided the property owners would agree on a solution and agree to accept the assessment. Mayor Bergman asked if the City could recover leg%1 fees if it took legal action against the builders. Attornay Thomson stated that 1^gal fees could not be recovered in this type of action. He reiterated that tra City could probably only seek damages as a result of the builder rot doing construction in conformance with the approved plan. The City could not seek a more expensive option than was originally approved. Councilmember Vasiliou stated that this involves private property and the City is not obligated to correct the situation. She stated that City invilvement could set precedent for other similar requests. In response to a question by Councilmember Ricker, Mr. Sandvold stated he would prefer that no work be done in order to retain his existing landscaping. He stated none of the correction options would be of benefit to his property. Ralph Loehr, 4570 Glacier Lane North, stated the builder and developer have been insensitive to this issue. He suggested that the City could require the builder or develoZgr to resolve the drainage problem. 11 I J D Regular Council Meeting August 20, 1990 Page 321 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to direct the City Attorney to schedule a meeting with the builders, developer, and staff to discuss potential solutions to the drainage concerns at Kings North. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to table the request of Ryan Construction Company for Land Use Guide Plan Amendment, Rezoning, Amended MPUD Preliminary Plan/Plat, MPUD Final Plan/Plat, and Conditional Use Permit for a Class 2 Restaurant at Waterford Plaza (90052), to September 10. Motion carried, five ayes. Director Tremere stated the City has received a petition from members of the Plymouth Creek Townhouse Association regarding a perceived parking problem at Vicksburg Village. The project slightly exceeds the required parking ordinance standard of 1.5 spaces per dwelling unit. There was recent construction activity on the east side of the apartment complex near the creek which involved elimination of a temporary storm water holding facility since storm sewer had been constructed. That activity was rumored to be construction of additional parking. No application has been submitted for an Amended PVD lite Plan, which would be required for additional parking facilities, and staff has not sLjgested that additional parking he installed. Director Tremere Stated the developer, Welsh Company, is aware of the parking concerns and is considering a variety of options. Area residents have suggested that parking be allc.ed on Rockford Road and/or Vicksburg Lane to accommodate overflow parking. This is no' - feasible for safety reasons. The Public Safety Department is monitoring the obstruction of fire lanes. They indicate it is not a significant problem at this time. Ryan Land Use Guide Plan. Amendment IE 0 Regular Council Meeting Augast 20, 1990 Page 322 Patricia Zaloznek, 15655 40th Avenue North, stated the Vicksburg Village parking area has not been completed as originally intended. She stated the impact of the development has been significant on the value of their homes. MOTION was made by CoLncilmember Helliwell, seconded by Councilmember Rickar, to direct staff to draft a Zoning Ordinance amendment for consideration by the Planning Commission and City Council which would require 2.0 spaces per dwelling unit for multiple family units. Motior carried, five ayes. Councilmember Vasi'iou asked shat options Welsh Company is considering for resolving the problem. Paul Anderson, Welsh Company, stated there is an occasional problem with adequatq parking and they are investigating the seasons for it. He stated they are considering prohibiting on -.site storage of recreational vehicles, and are considering construction of additional remote parking within the complex. He stated 87% of the units are currently rented. Linda Dye, Vicksburg Village Property Agent, stated that recreati.,nal vehicles will be prohibited from on-site storage an of September 1. She said the only significant parking problem occurs on weekend evenings due to the young community and guests. They are also implementing a parking registration system. Councilmember Vasiliou recited her experiences earlier when she called the complex rental offick and was told there were no problems and she could park vehicl A other than :ars. MOTION was maide by %Counciimember Vasiliou, seconded by Councilmember Zitur, to request welsh Company to provide the City with a written action plan b, October 1 on the resolution of the parking problem. Motion carried, five ayes. IC 7 0 Regular Council Meeting August 20, 1990 Page 323 Manager Willis recommended adoption of a resolution recommending three preferred sites for a proposed Plymouth Community Library. This resolution would be submitted to the Hennepin County Board of Commissioners and the Library Board for their considbration, Tad Jude, Hennepin County Commissioner, agreed that the City shoull prcpGoo aeveral site options to the County. He raported that the County Capital Budget Task Force will be considering a proposal for a $1.5 million lsbrary in Plymouth, with a time frame of site accriisition in 1991, construction in 1992, and occupancy in 1993. Councilmember Vasiliou stated she has received a suggestion from the Heritage Estates Association that partial volunteer staffing be considered. MOTION was made by Councilmember seconded by Councilmember Zitur, RESOLUTION NO. 90-497 relating library in the City of Plymouth, Vasiliou, to adopt to location of a Motion carried on a roll call vote, five ayes, MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-496 APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN WITH PARKING DEFERRAL FOR ASCENSION LUTHERAN CHURCH (90046) (RPUD 79-2). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Halliwell, to adopt ORDINANCE NO. 90-27 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED %11043 16, 11,t+0, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE? RELATIVE TO FREMSTANDING SIGNS IN THE B-1 (LIMITED BUSINESS) ZONING DISTRICT. Motion carried on a roll call vote, five ayes, MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-499 APPROVING CONDITIONAL USE PERMIT FOR HOME OCCUPATION FOR TERRENCE O'CONNELL (90067). Motion carried on a roll call vote, five ayes. U30110,110H 90-497 LOCATION OF LIBRARY IN CITY OF PLYMOUTH Item 8-D RMSOT-UTI.OR-207:42a APPROVING AMENDED CUP AND SITE PLAN FOR ASCENSION LUTHERAN CHURCH 90046) Item *8-E QMIEWCA AQ -17 - AMENDING ZONING ORDINANCE RELATING TO FREE; TANDING SIGNS IN THE B-1 DISTRICT Item *8-F MOLUTION 90-499 APPROVING CUP FOR TERRENCE O'CONNELL 90067) Item *8-G Regular Council Meeting August 20, 1990 Page 324 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-500 APPROVING RPUD FINAL SITE PLAN FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 2ND ADDITION" (9000) (RPUD 88-3) . Motion carried on a roll calms vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RNSOLUTION NO. 90-501 APPROVING RPUD FINAL SITE PLAN FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 3RD ADDITION" (90061) (APUD 88-3) . Motion carried on a roll call vote, five ayes. 140TION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-502 APPROVING FINAL PLAT FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 2ND ADDITION" 90060) (RPUD 88-3) . Motion caLried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-503 APPROVING FINAL PLAT FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 3RD ADDITION" 90061) (RPUD 88--3) . Motion carried on a roll call vote, five ayes. MOTION was made ;by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-504 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 2ND ADDITION" 90060) (RPUD 88-3). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmo-anber Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-505 SETTING CONDITIONS TO BE MET PRIOR TO FILING OR AND RELATED TO FINAL PLAT FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 3RD ADDITION" 90061) (RPUD 88•-3) . Motion carried on a roll call vote, five ayes. UBDLMQK 9.Q-500 APPROVING RPUD FINAL SITE PLAN FOR PARKVIEW RIDGE 2ND ADDITION 90060) Item *8-H RZ3QLUT10K -2Q-591 APPROVING RPUD FINAL SITE PLAN FOR PARKVIEW RIDGE 3RD ADDITION 90061) Item *8-I REQ 1X-U4H .90-502 APPROVING FINAL PLAT FOR PARKVIEW RIDGE 2ND ADDITION 90060) Item *8--H RE MUTION 90--503 APPROVING FINAL PLAT FOR PARKVIEW RIDGE 3RD ADDITION 90061) Item *8-I PMQLUTI4l1 90 -IDI SETTING CONDITIONS TO BE MET PRIOR TO FILING (90060) Itam *8-H RESOLUTION 90-505 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90061) Item *8-I Regular Council Meeting August 20, 1990 Page 325 MOTION was made by Councilmembar Zitur, oeconded by Councilmember Helliwell, to adopt RESOLUTION N0, 90-506 AWARDING CONTRACT FOR VINEWOOD LANE/C.g.A.H, 9 AREA IMPROVr',MENTS, CITY PROJECT N0, 948. Motion carried on a roll call vote, five ayes. Director Tremere stated that on July 2, 1990, the City Council authorized release of the financial guarantee in the amount of $40,000 covering the site improvements to the Coachman Trails apartment project. Thia release was based on a staff report that the required improvements had been made. Subsequently, a citizen has advised staff that there were discrepancies with the completed landscape work from the approved plan. Director Tremere stated that while the appropriate number of landscape plantings were installed, some plantings were riot installed exactly where the Landscape Plan provided. Some trees in the southeast corner of the site, along the south property line, were planted west and north of the location on the approved plan. The specific area of concern now is the landscape treatment along the west property line especially from the south lino. Director Tremere recommended that the Council determine the intent of Condition No. 11 of Resolution 85-•398: "Additional plantings including pine trees and evergreens shall be placed along the south lot line and along Outl.ot A north to the pond at a rate of 15 ft. on center. Additional plantings to be approved by staff, as to location, may not necessarily be 15 ft, on center for all plantings. The 102 additional evergreen plantings shal, be a minimum 8 ft. in height." Director Tremere stated staff discretion, per the second sentience, was exercised. Councilmemi>er Zitur asked who owns the fence on the ptopert:y -it is in poor condition and needs to be removed, He also noted that the wooded area cunta.ins elm and other somewhat undesirable a OLUT19N 90-506 AWARDING CONTRACT FOR FP%vJECT :40. 948 Item *8-J Regular Council Meeting August 20, 1990 Page 326 trees. Councilmember Zitur stated he is concerned about the lack of screening between the adjacent three single family homes and Coachman Trails. Community Development Coordinator Dillerud stated the fencing is owned by the developer. The permanent fencing is on the Coachman Trails property and will remain. The construction fencing is in poor condition and should be removed. Dick Williams, 1315 Peony Lane, stated that a barrier is needed between the single family homes and the multiple family dwellings. He stated the intent of the resolution Condition No. 11 was to provide a line of trees for screening purposes and the installed plantings per the plan is short of the Council's intent. He would also like the two dead trees replaced. Councilmember Vasiliou noted she is the only current Councilmember who was on the Council in 1985. She stated the intent of Condition 11 was to provide screening in a straight line as a buffer for the single family homes. She stated the staff interpretation of the Council u resolution was inappropriate and incorrect. David Williams, represented Coachman Trails. Mr. Williams stated that he worked with staff throughout the planting of this site. The 1987 plan that was prepared in response to the Council resolution did not require Council approval.. Staff approved the installation a3 it now exists. ie stated the landscape plan was submitted in order to obtain a building permit. They own the property and manage the development and did not seek to shortcut the landscaping. He noted all the quantitieo were correct. Councilmember Ricker asked David Williams if he would be willing to relocate the trees to meet the original Council intent. Mr. David Williams stated no; trees may be lost by relocation. He also would prefer to not plant additional trees. is. R©qul& i . Council Meeting August 20, 1990 Page 327 In response to a question by Councilmember Vasiliou, Attorney Thomson stated that a staff mistake or misinterpretation of Council intent wjuld not necessarily relieve the develupe+ from complying with the Council's intent. The Council should determine the intent, Councilmember Picker stated he would support requiring the c;veloper to install trees za required by the original plan. Since staff decisions based upon the Council renolution may be viewed as misinterpretation of the intent, he supporta the City splitting the cost for the installation with the developer. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to require the developer to install trees needed to comply with the intent of the Counail'a original landscape plan approval, with the City paying one• -half the installation cost. Manager Millis stated that it should be determined how many trees are needed prior to the developer starting installation. Director Tremerb urged the Council to specify the limits of the plantings by defining the intent which appears to be that the Williams' land to the west should be screened with evergreens further north than now planted. MOTION was withdrawn by Councilmember Ricker; second was withdrawn by Councilmember Zitur. MOTION was made by Mayor Bergman, seconded by Councilmember Zitur, to direct staff to meat with the developer and neighbors to determine ho% many and where trees should be installed to screen the three adjacent homes, to provide a recommendation and plan to the Council for consideration, and to direct the developer to remove the temporary fencing and replace two dead trees in the west area that were installed earlier. MOTION carried, five ayes. l:egular Council Muting August 20, 1990 Page 328 MOTION was made by Mayor Bergman, seconded by $E,gp I4N 99-5Q7 Councilmember Zitur, to adopt RESOLUTION 40. 90- REDUCING SITE 507 AUTHORIZING REDUCTION OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR SCHUETT INVESTMENT COMPANY FOR GUARANTEE FOR COACHMAN TRAILS, (85022)" with a reduction to COACHMAN TRAILS 20,000. (85022) Item 8-K Motion carried en a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 2Q7.59$ by Councilmember Helliwell, to adopt RESOLUTION REDUCING NO. 90-508 REDUCING DEVELOPMENT BOND, SHILOH DEVELOPMENT BOND, PINES ADDITION (88025). SHILOH PINES ADDITION (88015) Mot:.on carried on a roll call vote, five ayes. Item *8-L-1 MOTION was made by Councilmember Zitur, seconded RE OLUTIQN- 20-509 by Councilmevber Helliwell, to adopt RESOLUTION REDUCING NO. 90-509 REDUCING DEVELOPMENT BOND FOR HERITAGE DEVELOPMENT BOND, RIDGE PLAT TWO ADDITION (89036) . HERITAGE RIDGE PLAT TWO ADDITION Motion carried on a roll call vote, five ayes. (89036) Item *8-L-2 MOTION was made by Councilmember Zitur, sec.:nded 8Fa1=jT-19K 90-510. by Councilmember Helliwell, to adopt RESOLUTION REVUCING NO. 90-510 REDUCING DEVELOPMENT BOND FOR BASS DEVELOPMENT BOND, LAKE CORPORATE CENTER FIRST ADDITION (88146). BASS LAKE CORPORATE CENTER Motion carriod on a roll call vote, five ayes. FIRST ADDITION 88146) Item *H -L-3 MOTION was made by CounciliaerWer Zitur, seconded MOLUMN 9Q-511 by Councilmember Helliwell, to adopt RESOLUTION REDUCING NO. 90-511 REDUCING DE'1ELOPMENT AUND FOR BOULDER DEVELOPMENT BOND, RIDGE ADDITION (88124). BOULDER RIDGE ADDITION (88124) Motion carried oa a roll call vote, lave ayes. Item *8-L-4 MOTION was made by Councilmember Zitur, seconded PMOLU:IQN 90-512 by Councilmember Helliwell, to &dopt RESOLUTION REDUCING NO. 90-512 REDUCING DEVELOPMENT BOND FOR ISAIAH DEVELOPMENT BOND, ADDITION (84070). ISAIAH ADDITION 84070) Motic,i carried on a roll call vote, five ayes, Item *8-L-5 Regular Council Meeting August 20, 1990 PaCe 329 MAuAager Willie stated the financial guarantees for Quail P -Age of Plymouth Addition, and Quail Ridge 2nd &id 3rd Additions expired without the City's knowledge. The doveloper has been notified that because Quail Ridge of Plymouth 4th Addition is part of Quail Ridge of Plymouth Addition, the City requires that the $91,683 Letter of Credit for the 4th Addition must remain in effect until all of the requirotd .improvements have been completed in the let, 2nd and 3rd Additions or until new financial guarantees are provided :or each of those three subdivisions. Couimilmember Vasiliou asked if the bond is now in place? If so, is the amount of the bond sufficient to guarantee the remaining work? She asked if the system for tracking financial guarantees needs to be amended. Manager Willis stated a bond is in place and the amount $.a sufficient. Staff has reviewed the system for tracking financial guarantees. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90•-513 SETTING CONDITIONS ON RESOLUTION NO. 404 ADOPTED JULY 21 1990, QUAIL RT"GE OF PLYMOUTH 4TX ADDITION (67134). Motion carried on a roll call vote, four ayes= Vasiliou nay. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-514 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - 47TH AV4ZNUE AND QUINNOOD LANE. Motion carried on a rr'.1 call vote, five ayes. MOTION kis by Councilmember Zitur, seconded by Cou .A'-uber Helliwell, to adopt RESOLUTION N0. 90, . 4.g RECEIVING REPORT At(D ORDERING PROJECT - STREET LIGHTING 47TH .%VENUE/QUINNOOD LANE. Motion carried on .a roil call vote, five ayes. R930LVTLON 90-513 SETTING CONDITIONS ON RESOLUTION : J. 90-404 Item *8-M 11M 2k-.MU4 ACCEPTING PETITION AND ORDERING REPORT ON STREET LIGHTING - 47TH AVE. AND QUINNOOD LANE Item *8-N-1 S230LUTi0N 50-515 RECEIVING REPORT AND ORDERING STREET LIGHTING 47TH AVENUE AND QUINNOOD LANE Item *8-N-1 Regular Council Meeting August 20, 1990 Page 330 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, _o adopt RESOLUTION NO. 90-::1 ' ^ ZCLARING ADEQUx•., . oy .": -7-I.; nlyU ORDERING PREPARATION OF REPORT, STREET LIGHTING - r.AWTHORNE PLACE ADDITION. Moticn carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-517 RECEIVING REPORT AND ORDERINGS PROJECT - STREET LIGHTING, HAWTHORNS PLACE ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO, 90-Q18 ADOPTING ASSESSMENTS, PROJECT NO. 036, SANITARY SEWER AND WATERMAIN LATERAL, SANITARY SEWER AND WATERMAIN AREA ASSESSMENT, PIN 12-118- 22-23-0003. Motion r•arried on a roll call vote. five ayes. MOTION was made Lv Councilmember Zitur, seconded by Councilmember Helliwell., to adopt F SOLUTION NO. 90-519 REQUESTING AND ENCOURAGANG THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO CONTINUE FUNDING MUNICIPAL YARDWkSTE DISPOSAL PROGRAMS, TO CONTINUE THE PRESENT FUNDING LEVELS OF W)NICIPAL REC`CCLING PROGRAMS, AND LAKr ANY NECESSARY CHANGES WHICH IMPACT THE CITIES FI4ANCIALLY PRIOP TO AUGUST IF THEY ARE TO BE EFFECTIVE THE FOLLOWING YEAR. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Hel] iwell, to adopt RESOLUTION NO. 90-520 ORDERING PREPARATION OF PRELIMINARY REPORT, NORTHWEST -17 TRUNK SANITARY SEWER, CITY PROJECT NO. 040. Motion carried on a roll call vote, five ayes. PMOLUTION 99-516 ACCEPTING PETITION AND COPMERING REPORT, STREET LIGHTING - HAWTHORNE PLACE ADDITION Item *8-N-2 RII5MT;0N 190-517 RECEIVING REPORT AND ORDERING STREET LIGHTING, HAWTHORNE PLACE ADDITION Item 08-N-2 RESOI TION 90-516 ADOPTING ASSESSMENTS, PROJECT NO. 036 ROGGEMAN PROPERTY Item *8-0 MOLUTION 90-51•9 REQUESTING COUNTY TO .ONTINUE TO FUND MUNICIPAL, YARDWASTE DISPOS:.:I PRUGRAMS Item *8-P MOL4ITION 90-520 C IDERING PREL . REPORT, PROJECT NO. 040 Item *8-O In Regular Council Meeting August 20, 1990 Page 331 MOTION was made by Councilmember :.itur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-521 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, COUNTY ROAD 101/COUNTY ROAD 9, TRUNK WATERMAIN IMPROVEMENTS, CITY PROJECT NO, 012. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO, 90-522 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISF SNT FOR BIDS, BASS CREEK BUSINESS PARK IMPROVEMENTS, CITY PROJECT NO. 008. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-523 APPROVING CHANGE ORDER NO. 2, SCHMIDT LAKE ROAD IMPROVEMENTS, CITY PROJECT NO. 705. Mo. --ion ied on a roll call vote, four ayes, OHelli .ell •i.xy. Councilit.ar.,ber Zitur asked the City Attorney to provide the Council with a report on the Schmidt. Lake Road litigation settlement amounts. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-524 APPROVING CHANGE ORDER NO. 4, T.H. 169 FRONTAGE ROAD IMPROVEMENTS, CITY PROJECT NO. 833. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Cour.cilmember Ricker, to adopt RESOLUTION NO, 525 REQUEST FOR PAYMENT NO. 4 AND FINAL, T.H. AND GOLDENROD LANE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT N0. 704. Motion carried on a roll call vote, five ayes. Mayor Bergman directed staff along with the final payment residents were treated rudely by this contract(.?- on another RESOLUTION 90752d APPROVING PLANS AND ORDERING BIDS FOR PROJECT 012 Item *8-R-1 RESOLUTION K-7-5221 APPROVING PLANS AND ORDERING BIDS FOR PROJECT NO, 008 Item *8-R-2 RZSQLUTION 99=5Z3 APPROVING CHANGE ORDER NO, 21 PROJECT NO. 105 Item *8 1 EMQ_ T1QN.90--524 APPROVING CRANGE ORDER NO. 4 FOR PROJECT NO. 833 Item *8-3-2 FMOLUTLQ L 90-5 .5 90- PAYMENT NO. 4 AND 55 FINAL FOR PROJECT NO. 704 Item 8-T to send a letter reporting that during construction project. He will Regular Council Meeting August 20, 1990 Page 332 give Manager incidents. Willis the location of the MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-52.6 by Councilmember Kelliwell, to adopt RESOLUTION AMENDING RES, NO. NO. 90-526 REQUEST TO AMEND RESOLUTION NO, 90-383 90-383 AWARDING AWARDING OF BID FOR 1990 STREET RECONSTRUCTION BID FOR PROJECT PROJECT, CITY PROJECT N0. 001, NO. 001 Item *8-U Motion carried on a roll call vote, five ayes. Assistant Manager Boyles described and recommendation of an ordinance which would clarify the types of noise prohibited between the hours of 1.0 p.m. and 7 a.m. in the City. He stated the Mord "snowplowing" should be replaced with "snowmobiles" in the proposed ordinance. MOTION was made by Mayor Bergman, seconded byO pIN$1- 90-28 Councilmember Ricker, to adopt ORDINANCE NO. 90- AMENDING CITY CODE 28 AMENDING SUBSECTION 2005 OF THE PLYMOUTH CITY RELATING TO NOISE CODS RELATING TO MISDEMEANORS, with the change to Item 8-V-1 snowmobiles." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, Ordinance Amending seconded by Councilmember Zitur, to table City Code Section consideration of an ordinance amending City Code 400 relating to Section 400 relating to Building Construction Building Regulations in order to provide the developers' Construction council the opportunity to comment. Regulations Item 8-V-2 Motion carried, five ayes. MOTION waa made by Councilmember Zitur, seconded U391UTIOK_9-0-527 by Councilmember Helliwell, to adopt RESOLUTION AMENDING THE FORM NO. 90-527 AUTHORIZING THE AMENDMENT OF THE CITY OF BOND AND FIRST OF PLYMOUTH, MINNESOTA, MULTIFAMILY HOUSING AMENDMENT TO LOAN DEVELOPMENT REVENUE REFUNDING BOND, (FOX FOREST AGREEMENT FOR FOX APARTMENTS PROJECT), SERIES 1989, AND THE LOAN FOREST APARTMENTS AGREEMENT RELATED THERETO. PROJECT Ztem 8-W Motion carried on a roll call vote, four ayes; Vasiliou nay. Regular Council Meeting August 20, 1990 Page 333 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-528 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 31, 1990. Motion carried on a roll call vote, five ayes. Manager Millis recommended adoption of resolutions adopting the proposed 1991 City Budgets, approving the proposed 1990 Property Tax Levies, and scheduling the Budget hearings in order to comply with the Truth in Taxation requirements. The budgets reflect the maximum property tax levy authorized under levy limits and could well be reduced through further Council budget deliberations. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-529 ADOPTING PROPOSED 1991 BUDGETS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-500 PROPJSED PROPERTY TAX LEVIES FOR TAXES PAYABLE IN 1991. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-500 SETTING PUBLIC HEARING FCR 1991 CITY BUDGETS. Motion carried on a roll call vote, five ayes. Councilmember Zitur requested that the City Manager provide recommendations on where savings can be made in each department. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-532 DECLARING COST TO BE ASSESSED AND ORDERING; PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER AND STREET LIGHTING AND ANNUAL STREET LIGHTING FOR UNIMPROVED PAR:iLS. Motion carried on a roll call vote, five ayes. RESOLUTION 90-526 APPROVING DISBURSEMENTS FOR PERIOD ENDING 7-31-90 Item *8-X RESOLUTION 90-529 ADOPTING PROPOSED 1991 BUDGETS Item 8-Y-1 RESQLUTIQN 90-530 PROPOSED PROPERTY TAX LEVIES FOR TAXES PAYABLE IN 1991 Item 8-Y-2 RESOLUTION 90-531 SETTING PUBLIC HEARING FOR 1991 CITY BUDGETS Item 8-Y-3 RESQLUTIQN 90-532 ORDERING; PREPARATION OF ASSESSMENT FOR 1990 DELINQUENT UTILITY ASSESSMENTS Item *8-Z--1 Regular Council Meeting August 20, 1990 Page 334 MOTION was made by Councilmember Zitur, seconded FMQLUTIQH.94-533 by Councilmember Helliwell, to adopt RESOLUTION SETTING ASSESSMENT NO. 90-533 CALLING FOR PUBLIC HEARING ON PROPOSED HEARING FOR ASSESSMENT, DELINQUENT NATER, SEWER, AND STREET DELINQUENT UTILITY LIGHTING OR ANNUAL STREET LIGHTING FCR UNIMPROVED ASSESSMENTS PARCELS. Item *8-Z-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded EK&U-01- __44-534 by Councilmember Helliwell, to adopt RESOLUTION ORDERING NO. 90-534 DECLARING COST TO BE ASSESSED AND PREPARATION OF ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ASSESSMENTS FOR 1990 WEED ERADICATION AND DESTRUCTION, ROLL 1. 1990 WEED ERADICATION Motion carried on a roll call vote, five ayes. ROLL 1 Item *8-Z-2 MOTION was made by Councilmember Zitur, seconded RZSQLUTIQN 9Q-.53.5 by Councilmember Helliwell, to adopt RESOLUTION SETTING ASSESSMENT NO. 90-535 FOR PUBLIC HEARING ON PROPOSED HEARING ON 1990 ASSESSMENT, 1990 WEED ERADICATION AND DESTRUCTION WEED ERADICATION ROLL 1. ROLL 1 Item *8-Z-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RKSQLUTZQN 90-536 by Councilmember Helliwell, to adopt RESOLUTION APPROVING GARBAGE NO. 90-536 APPROVING GARBAGE HAULER LICENSES FOR HAULER LICENSES TWIN CITY SANITATION, INC., AND ROBBINSDALE Item *8 -AA TRANSFER CO., INC. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated she received three reports of unsafe driving by Allied Blacktopping, the City's contractor for the sealcoating project. Ohe requested that a letter be sent to Allied Blacktopping and the Council provided with a copy, MOTION was made by Councilmember Helliwell, Project Status seconded by Councilmember Zitur, to accept the Reports Public and Capital Improvement Project. Status Item 9-A Reports, Motion carried, five ayeo. Regular Council Meeting August 20, 1990 Page 335 Councilmember Zitur announced the C.A.S.H. Board is nearing that his the end. term on Assistant Manager Boles presented various sample formats for the City letterhead. This is in response to Council direction in order to ensure a modern city image. Councilmember Vasiliou stated she will provide staff with several possible layouts, as an alternative to hiring a graphic artist to design layouts. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to concur that Councilmember Vasiliou will meet with staff to discuss the layout options for the City letterhead and report back to the Council. Motion carried, five ayes. Staff was directed to schedule meetings as recommended for joint and study session City Council meetings. Manager Willis stated staff will attempt to reschedule individual meetings where conflicts exist. Councilmember Vasiliou asked staff to propose an ordinance for Council consideration relative to completion of entrance moniunents and perimeter landscaping with the initial plat improvements. Councilmember Vasiliou questioned whether a one year guarantee is sufficient for landscaping. Sometimes landscaping lives through the first year, but dies in the second or third year. Manager Willis stated a concern becomes who will maintain the plantings after the first year. Councilmember Vasiliou stated it may be best to consider landscaping on a case by case basis. The Council briefly discussed the undesirability of certain swales in the City, particularly with fast moving water or large amounts of water. Director Moore stated he will advise the Council of proposed swales on future preliminary plats. CCR Reports Item 9-B City Letterhead Item 9-C Joint and Study Session Council Meetings Item 9-V Regular Council Meeting August 20, 1990 Paqe 336 Mayor Bergman requested that the City Attorney provide a written opinion on the legality of Councilmember abstention from voting. Assistant Manager Boyles stated that a report is forthcoming on possibilities for maintenance -free ground cover. LOTION was made by Mayor Bergman, seconded by Councilmember Ricker, for the City Attorney •snd staff to propose an ordinance relating to loi:al regulation of builders and developers. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-537 APPROVING PAYMENT TO BNBR ARCHITECTS. Motion carried on a roll call vote, five ayes. The meeting was adjourned at 11:50 p.m. c -i • t -. i, .Q y Iter 0LUTIQN. 90-537 APPROVING PAYMENT TO BWBR ARCHITECTS