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HomeMy WebLinkAboutCity Council Minutes 11-05-1990REGULAR MINUTES COUNCIL NOVEMBER 51 MEETING 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Blvd., on November 5, 19on, PRESENT: Mayor Bergman, Counci.lmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Park and Recreation Director Blank, and City Attorney Thomson Councilmember Vasiliou asked that Item 6-1 be Consent removed from the Consent Agenda. Councilmember Item F Helliwell asked that Items 6 -HH be removed from the Consent Agenda. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to approve the Consent Agenda with the deletion of Items 6-1 and 6 -HH. Motion carried on a roll call vote, five ayes. qf"i MOTION was made by Councilmembex Zitur, seconded Minutes by Mayor Bergman, to approve the minutes of the Item *7 October 15, 1590, regular meeting. Motion carried on a roll call vote, live ayes. Agenda Regular Council Meeting November 5, 1990 Page 430 Community Development Director Tremere stated that this was a petition for a Land Use Guide Plan Amendment, MPUD Concept Plan, Preliminary Plat/Plan, Conditional Use Permit, and Rezoning for Plymouth Business Center 5th Addition. The land wc•uld be rezoned from FRD to Planned Industrial and to LA -3 (high medium density residential). This is a combined MPUD Concept Plan and Preliminary Plat/Plan application. Councilmembftr Vasiliou asked tho petitioner about the status of efforts to acquire the three houses adjacent to the development. John Griffith, 601 Lakeshore Parkway, representing the Trammell Crow Company, stated that he has spoken rith the property owners and made an offer of 110 percent of the appraised value. He has also attempted to keep the property owners abreast of the status of the petition. His offer for acquisition still stands. Linda Fisher, 1500 Northwestern Financial Center, and attorney for the petitioner, stated that they were prepared to make a presentation of this agenda item should the Council desiro. She stated that they concur with all aspects of the staff report and Pl^nning Commission action. John Starr, 3450 Fernbiook Lane. stated that he and the other residents feel "swallowed up" by industrial development. The new development will bring gro,ater danger to his children getting to and from the school bu3. The development will exacerbate the traffic congestion in the area by adding traffic to t'arnbrook Lane, as well, as to the new 34th Avenue. He asked that the City Council address the street safety issue and access issue as part of this petition. Councilmember Vasilioli asked about the school district's position regarding the bussing issue. Mr. Starr stated that his youngest child has been picked up by the bus at the hours. His eider children are in junior high and high school and Trammell Crow Co. Plymouth Business Center 5th Addition 90063) Item 6-A U Regular Council Nesting November d, 1990 Page 431 must walk to a bus stop. He is .oncerned about the street being slippery and that retaining walls adjacent to the roadway leave an unacceptable area for snow storage and for children to walk off-street. Councilmember Zitur asked Mr. Starr about the status of property negotiations. Mr. Starr stated the initial offer from Trammell Crow was well below their perceived market value. He felt it was not a fair offer. The second offer was closar to their desires, but Trammell Crow has not pursued negotiations further for some months. ra)uncilmember Helliwell asked if Mr. Starr was speaking for all three neighbors. He stated that he was and that based on the proposals macaw, none of them would be abao to move into a new house in a regular develoratent in Plymouth, let alone a development vith as natural a setting as they presently enjoy. Councilmember Ricker asked if he had a professional appraiser appraise his property. Mr. Starr stated "no" since the Trammell Crow offer was so far off their expectations, there was no basis to get more appraisers involved. Lowell Turner, 3430 Fornbrook Lane, stated h• had purchased his property in 1958 and has lived there for 32 yeare. He understood for years that there would be effective buffering between his house and this land and the freeway. He is concerned about truck traffic on Annapalia Lane and about retaining trees in the area. He stated that the development would be far better off if the houses were removed and the sited regraded. He recited the contacts made between himself and Trammell Crow and stated at present homeowners are still waiting and are willing to negotiate with Trammell Crow Company in person and not by mail. Shirley Edman, 14130 :5th Avenue North, stated she and her husband origina&ly owned the 40 acres which comprise the Plymouth Dusiness Center Site. They were always under the assumption that they were in a residential sone and yet development in their area has included industrial. She does not J 0 itegular Council M60ting Movembe: S, 1990 Page 132 want to live where industrial conflicts with residential usage. She is also concerned that there be sufficient screening between her property and the industrial. Councilmember Helliwell clarified that the development proposed to be closest to Hdmans' will be multi -family units, not industrial buildings. firs. adman and Mrr. Edman stated concerns with the view, and said they were led to believe a natural barrier would remain. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to defer this item to provide the property owners and Trammell Crow representatives with adequate opportunity to meet to resolve the concerns they have with one another, incl ding acquisition of the properties if appropriate. John Gritfith state* that the deferral was a good idea and that he is anxious to again moot with the homeoM vers . Councilmember Helliwell stated she hoped th&t the homeowners would be able to relocate in Plymouth. Councilmember Ricker concurred. John Griffith stated he had already met with the neighbors to resolve many of their issues. The plan presented to the Council has been cut back substantially from the original plan in response to neighborhood concerns. Councilmember Ricker stated that he expected the Trammell Crow Company to pay for the houses, plus the closing costs and moving expenses as the City has clone when public works projects were involved. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to direct the staff to prepare a letter to Independent School District 264 s%acouraging their response to the safety concerns identified by Mr. 4tarr in this area. Motion carried, five ayes. 0 Regular Council Meeting November S. 1990 Page 433 U Director Tvemere reported that this is a request of Independent school District 284 to amend the Sit* Plan, Conditional Use Permit, and obtat s a Zoning Ordinance Variance for Gleason take Elementary school to install additionaL parking and for a monument sign. The resolution is recommended by the Planning Commission. The key issue needing resolution is the variance for parking which would be within 25 feet of the north property line versus the ordinance standard of 30 foot* Councilmember Helliwell asked for clarification of the location of the new parking. NOTION was made by Councilmember Zitur, seconded 8"MUTIQN_ . 0-703 by Councilmomber flicker, to adopt RZ30LUTION NO. AMENDED SITE PLAN, 90-103 APPROVING AMBiNDED SITE PLAN, CONDITIONAL CUP AND VARIANCE USE PERMIT AND VARIANCE FOR INDEPENDENT SCHOOL FOR GLEASON LAKE D13TRICT #284 (WAYZATA) FOR GLZA30N LAKE SCHOOL (90065) ELZMENTARY SCHOOL (90065). Item 6-9 Councilmember Vasiliou stated that she will vote against the resolution because parking should • have been taken into account in the original site plan. Motion carried on a roll call vote, four ayes, Vasiliou nay. MOTION was made by Councilmember Zitur, seconded U391AUTION 90-704 by Mayor Bergman, to adopt RESOLUTION NO. 90-704 AMENDED SITE PLAN APPROVING AMENDED SITE PLAN AND CONDITIONAL, USE AND CUP FOR PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284 PLYMOUTH CREEK WAYZATA) FOR PLYK UTH CREEK ELEMENTALLY SCHOOL ELEMENTARY SCHOOL 90072). (90072) Item •6-C Motion carried on a roll call vote, five ayes. MOTION was trade by Councilmember Zitur, seconded SZ40LUTIQN 90-705 by Mayor Bergman, to adopt RESOLUTION NO. 90-705 AMZNDED RPUD PLAN, APPROVING AMENDED RPUD PLAN, CONDITIONAL USE Cl'P, AND FINAL PERMIT, AND FI'AL SITE PLAN FOR BATON CORPORATION S' rE PLAN FOR lruR "PARKVIEW APARTMENTS" (APUD 076-1) (A-338) . t rx"VIEW APARTMENTS Motion carried ::n a roll call vote, five ayes. (APUD 76-1) A-338) Item 44-D R*,aular Council Meeting November S, 1990 Fade 434 Director Tremere stated that CVN Companies is seekiag an amended site plan and soninV ordinance variance for the former C.O.M.9.3. building. Two variances ase involved. The first involves the ex3 sting structure, and the second is for existing parking which encroach into the rigmctive minimum yard areas. ?h. a encroachments were recently discovered as part of the work for the sale of the building. The staff recommends the building variance, but not the parking variance, as the parking could be revised to meet City Code standards. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RdSOLUTION NO. 90-706 APPROVING AMENDED 31?9 PLAN AND ZONING ORDINANCE VARIANCES (both parking and building) FOR CVN COMPANIZS, INC. FOR THZ FORMER C.O.M.B.S. BUILDING (90096). Motion carried on a roll call vote, live ayes. MOTION was made by Councilmomber Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-701 APPROVING LOT DIVI3ION/CON30LIDATIJN rGR NORMA B. AND JOHN M MCKBZ TRUST ,WD JOHN i ILLTZRS (900C) . Motion carried on a roll call vote, five ayes. MOTION was made by Counci lmember Zitur, aeconded by Mayor Bergman, to adopt RESOLUTION N0, 90-'.06 SETTING CONDITIONS TO bt MET PRIOR TO F1LINO OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOK JOHN WKFZ ( 90 0 90) . Motion carried on a roll call vote, five ayes. Director Tremor* stated that the proposal is for a service station, convenience store and cam wash at Plymouth boulevard and 'aunty Road 9. An area of concern is the I.andscapin#i along Plymouth Boulevard to buffer the site, The staff has recommended enhancements with evergreen trees to buffer the site from the roadway and adjacent multifamily housing. The developer has submitted an alternative landscaping props; -sal subsequent to the Planning Commission meeting on October 24. QLUTEM 9Q-7QG AMIENDZD SITE P LAN AND VARIANCES FOR CVN COMPANIES 90096) Item 6-E PMOLUTIN _2Q-707 APPROVING LOT DIVISION/CONSOLIDA TION (90090) Ttem "6-F MOLUTION VQ -700 SETTING CONVirIONS TO BE MET PRIOR TO FILXNG (90090) Item • 6-F Amoco Oil Company 90091) Item 6--G U 0 Regular Coancil 1+Mieting November S, 1990 Page 435 Councilmember 4olliwell stated that she wants be sure the plan is specific so there is no question about the number, location, and type troos. She questioned whether the Amoco plan October 26 was in response to the Planning Commission recomensationo to of of Director Tremere stated it was but the Commission was not specific about enhancements, and that Plane: Dillerud's proposal as recommended to the Commission and as contained in the resolution provides for more dense .screening. Joseph Finley, 1500 3. Sth Street, Suite 2300, Minneapolis, stated the staff recommendation provides for conifers planted on 15 foot centers. His concern is that this will not buffer the headlights. Their plan provides for ground level screening summer and winter by use of a dense hedgerow. He described this proposed plan ad.s various types of evergreena and junipers in addition to berming. He stated they wore not opposed to the intent of the staff recommendation or to the earlier City direr:tion for this site; they just feel that their October 26 plan will do a better job. NOTION was made by Councilven%ber Helliwell, seconded by Counci lmombe,r Lit-,ar, to adopt RZ30LUTION NO. 90-709 APPROVING AMRNn&D MPUD PAELIMIisAlo Y PLAN, MPUD CONDITIONAL U39 PRRMIT AND MPUD FINAL 3ITS PLAN FOR AMOC'I OIL COMPANY 90091) revising Condition No. 10 to delete the second paragraph and insert: "The landscaping plan relative to the Plymouth Boulevard frontage submitted by )Vaoco Oil Company dated 10-26-90 shall be incorporated witki the approved plans." Motion carried on a roll call vete, five ayes. MOTION was made by Counc:i lmember Situr, sucanded by Mayor Bergman, to adopt RZ30LUTION NO, 90-710 APPROVING LOT DIVISION/CONSOLIDATION FOR TERRY AND KATHI.KEN LZDELL ( 90 0 94) . Notion carried on a roll call votty, five ayes. PAULUTIA 2Q --7Q2 Al'ONDBD MPUD PRBL . P LANs MPUD CUP AND MPU) FINAL 3ITR PULV FOR AMOCO OIL COMPANY (90091) Item 6-G RUMUTION 90-71Q APPROVING LOT DIVISION/ CONSOLIDATION FOR LZDZLL ( 90094 ) Item • 6-H 0 Regular Council Meeting ltov*ober S, 1990 Page 436 NOTION was wade by Councilmember Zitur, seconded PA301UTION 90-711 by Mayor Bergman, to adopt PZ30LUTION NO. 90-711 3ZTTING CONDITIONS 39TTING CONDITIONS TV BZ MET PRIOR TO FILING Of TO BE MET PRION TO AND RELATED TO LOT DIVISION/I:0030LIDATION, FILING (90094) APPROVING SUBDIV13rON ORDINANCE VARIAM93 FOR Item 66--H TWJtY AND KATHLZZN UDELL ( 9 0 0 94) . Nation carried on a roll call vote, five ayes. NOTION was made by Councilmember Lit.ur, seconded PA30LUTIOP 90-712 by Mayor Bergman, to adopt RSSOLUZICN NO. 90-712 APPROVING LOT APPROVING LOT DIVISION/CONSOLIDATIC I FOR LEGIU-N DIVISION/CONSOLIDA HOMES (90100). TION FOR LRGhN HOMES (90100) Motion carried on a roll call vote, five ayes. Item i6 -I NOTION was made by Councilmember Zit:ur, seconded MOLUTI K. -H-,713 by Mayor Bergman, to adopt RESOLUTION NO. 90-713 '"TING CONDITIONS SETTING CONDITIONS TO BE MST PRIOR TO FILING OF BE MET PRICK TO AND RtLATZD TO LOT DIVISION/CONSOLIDATION FOR FILING (90100) LEGRAN HOMES (90100). I tem *6-1 Wtion carried on a roll call vote, five ayes. Councilmember Vasiliou stated that she had taken this item off the Cunsent Ag*Ada to clarify how Phe landscaping gets done and who guarantees thr work. She also asked whether planing can be completed this year. Director Tremere stated that the tree plantinq could be done thip year and that according to the petitioner, Greenworks Landscaping would be responsible for completing the work and supporting the bond. Dill Williams, 1325 Peony Lane, stated that he is pleased things are moving ahead. He is concerned however that the trees be replaced if they do not survive. There are already three dead trees that have not been replaced and the developer has seemed to be reluctant to get the work done. He also inquired about whether a new fence would to be installed between the apartments and the adjacent land. Councilmember Zitur recalled an old fence was to be removed but he did not re%:all the reyuixement fot a new fen.,•e. 0 Regular Council Hooting November S, 1990 Page 131 Mayor Bergman stated this :.s the first time he has heal d about, a now fence i it was not appropriate to require that now. Director Tremor* stated that the approved plan does not call for a fence. There was discussion of the three dead trees identified at the last site inspection. The petit:.oner's representative stated they would be replaced along with the twelve new trees. MOTION was made by Councilmember Litur, seconded by Ccuncilmember Ricker, to adopt RESOLUTION NO. 90-710 APPROVING SUBSTITUTE SECURITY FOR LANDSCAPE SUoNVIVABILITY TOP SCHUETT INVESTMENT COMPANY FOR "COACHMAN TPAILS" (85022), LOTION to amend was made by Councilmember Vasiliou, secvnded by Counc.ilmembt:)r Ricker, to add the requiremaht that the three trees which have died be replaced with like kind and size before the financial security is released. Councilmember Helliwell confirmed that as total of 15 trees would be planted. Motion to amend carried, five ayes, Dain motion as once amended carried on a roll call vote, five ayes. LOTION was made by Councilm amber Eitur, seconded by Mayer Bergman, to adopt RESOLUTION NO, 90-715 AUTHORIZING RZL&ASE Of TRZZ PRESERVATION FINANCIAL GUARANTZZ FOR DZMIIS ARNE - FAWN CRUX ADDITION (90022). Notion carr!.ed on a roil call vote, live ayes, Director Tremere stated that Leonard Busch does not concur with the agreement wi.ich was dratted by the City Attorvey. He stated th%t objections Mr, Busch is stating are based upon an earlier proposal M:, Busch had made to the City regarding screening of the lights in hie greenhouse facilities. Kr, Busch0e October 31 letter was included is the Council packet, MQM=QH 20-714 APPROVING SUBSTITUTE SECURITY POR LANDSCAPE SURVIVABILITY FOR COACHMAN TRAILS 85022) Iteae 6-J M"MUTIQU 1.0-715 RELEASE Of TREE PRESERVATION FINANCIAL GUARANTEE FOR FAWN C;MZK ADDITION 90022) Item *6-K 9tatu3 RepcIt On Len Busch Roses Regarding Abatement of Lighting (90038) Item 6-L I lingular COUnCil Meeting ober s, 1990 Page 439 Director Tremere asked the City Council for clarification as to the nature of the performance the :.ity Council desires and when it is to be achieved. No also asked whether the Council is seeking total or partial abatement? Are ai11 greenhouse% to be covered, or the new ones only? Should staff proceed with a nuisance complaint received November S even trough the City is attempting to negotiate a cooperative agreement with Nr. Busch? Manager Willis stated staff believed the City Council wanted the City to work cooperatively to resolve this iasue. Direction is needed on the next step to take. Councilmember Hellivell stated that lir. Busch was considered by some area residents tn bo a good neighbor, and not a nuisance. Councilmomber Ricker asked if the City has received a complaint, isn't it obligated to enforce the ordinance? Attorney Thomson stated that what has been received is an official complaint. The staff's obligation is to investigate to see if this is a public nuisance under Plymouth City Code Section 2010 and return to the City Council for appropriate action. Nothing in the proposed agreement with Mr. Busch would preclude such action* Councilmember Ricker stated that receiving the complaint changes the ballgame. Councilmember Zitur read from excerpts of an earlier meeting minutes on this subject. He concluded the residents of Amber Woods had indicated a willingness to work with Mr. Busch over time. Councilmember Vasiliou stated residents may have changed their position since correQtive action did not seem to be taken and the nuisance continued. Leonard Busch, 4045 Highway 101, stated that while it sounds like he his been resisting or going the other direction with respect tc Regular Council Meeting November 5, 1990 Page 439 screening t1he greenhouses, he has been testing the available screening technology on the new greenhouses. This has cost him $40,000. Trere is a lawsuit pending in California involving the manufacturer of the curtain and the acrylic which may determine what is caused an alleged break down of materials. He is concerned about investing up to $600,000 for the curtains, only to find what they will create problems and require him to pay up to $1.6 million to resolve lighting concerns without any assurance of results. He pointed out those greenhouses on the high areas and those in the low areas. He described non -urban residential and non-residential land uses adjacent to him and questioned whether or not the glare really affected these nonresidential uses. He displayed the portion of the greenhouses to be screened in 1991. Mr. Busch state) that the objective cannot be complete darkness and if it were, retail outlets such as Tom Thumb, etc., should be held to the same standard, He is experimenting with the Acreening device, but should not be expected to make the commitment to screen the remaining greenhouses until he knows whether the investment is effective. Councilmember Vasiliou stated that the Council has an understanding of what M.r. Busch can't do. She asked what he would be able to do. Mr. Busch discussed the Council's requirement for a plan for a berm; he can't install it until he has final elevations for Medina Road, Director Moore stated the preliminary elevations are available and not likely to change. Mayor Bergman asked what Mr. Busch could concur with in the agreement, or what specifically he would change? Mr. Busch stated that in Item No. 6 on Page 3 of the agreement there is language that all light sources would have to be shut off by 1993. He can't screen the gable ends of %.he greenhouses, nor is he sure whether his experiment will work. I Regular Council Meetinri November 5, 19911, Page 440 City Attorney Thomson stated that the agreement was based upon Mr. Busch's original plan as are the paragraphs in question. The fundamental ismue is that Bucch's original plan said that by 1993 all of the light sources be treated, and the City's interpretation was that full screening to abate the light would be completed by 1993. Councilmember Ricker stated that the timetable for installation included installation in the first two buildings. He believes that the agreement needs to have a "bail-out" clause in the +vent the experiment does not work or that the costs simply exceed Mr. Busch's ability to pay. He should have mileposts identified so the efforts can be judged as he goes along. Manager Millis stated that the best way to resolve this issue is to work cooperatively with Mr. Busch. Harold Minterhalter, 18260 that his house is located greenhouses. his yard is not shine in his bedroom. bother him; in fact, they security purposes. Medina Rosd, stated 150 feet from the lit but the light does The lights do not are a benefit for Josephine Hughes, 4025 Highway 101 North, stated that she would like to know the nature of the recent nuisance complaint. Mayor Bergman read the complaint letter. She stated she and her husband have i+oen residents of the community from 40 to 60 years. Mr. Busch has been there for 25 of those years. Mr. Busch has given a lot to the community. The light is a nice hazy one. Her house is located right next door and, in her opinion, no damage is done by the lights. She asked about the lights in other commercial areas and whether or not they would be regulated. She stated that most persons with a problem could solve it simply by installing shades in their bedrooms. She asked whether she developers who were complaining lived in Plymouth. She read a letter from another neighbor who was unable to be present. She hoped that the Council will listen to those persons who are living there now, rather than those who may become residents in the future. 0 0 Regular Council Meeting November 5, 1990 Page 441 Mayor Bergman observed that the City Council's job is to respect input from all persons whose views differ on a matter such as this. Leonard Btzel, 4125D County Road 101, stated that e lives right nest to the greenhouse. :he lights are the best security that he can get. He doesn't believe that Mr. Busch should have to wake this major investment. Mary Leuer, 17435 Medina Road, stated that she has had no problem with the lights. She said a full moon can be brighter and the lights help her watch the deer at night. 3teve Jacobitz, 3520 Urbandale Lane, stated that he represents Amber Woods Homeowners' Association whose president is Mr. Russ Maters. The impetus for tho homeowners' association to register their concern about the greenhouses was when new ones were proposed for construction. It was at that point that the association decided to act upon what some felt had become a nuisance. When they purchaoed their homes, no one advised them of the glow. clhy could the City allow such a condition to continue? He believes that the City now has the opportunity to resolve this issue and shouldn't let it pass. The homeowners' association is concerned that Mr. Busch failed to sign any agreement. While they have encouraged their membership to be patient for the time being, unrest is becoming more prevalent. It was their undeestanding that the problem would be resolved by 1993. At least in that way there would be no impact on their homes when they sell them. He stated that the problem is so extreme that the night sky glows can affect the market value of the houses and needs to be disclosed as part of the sale to future residents. Bill Pritchard, U.S. Homes, stated that his firm owns property south along Medina Road. He is pleased that Mr. Busch is willing to work with the City Ccuncil to resolve the problem, but they need a deadline to know when the lighting problem will be abated. Regular Council Meeting No-i ember 5, 1990 Page 102 Peter Pflaum, Lundgren Brothers Homes, stated that he has expressed his concerns with approximately seven other developers representing over 700 future residents of Plymouth in this area. The developers did not demand a total blackout; a specific time for compliance is needed. He stated that the City now has a complaint and is obliged to pursue it. The developers and future home owners are looking for a timetable to assure that a solution is reached within a reasonable period of time. Don Meta, 4005 Highway 101, stated he purchased the apple orchard to the north and went of Bunch's property nine years ago. He was fully aware of the lights. He has no problem with them. Mary Weineziel, 18820 County Road 24, stated that she has been selling real estate for many years in the Amber Woods area. She has newer 4eard a reaction from people about the lights, and that some persons have overstated this issue. She stated the big problem in Amber Woods has been that of water in basements. Councilmembei Helliwell stated that she was concerned about the language in Iters Five and Six on Page 3 of the proposed agreement. MOTION was made by Coun:ilmembnr Ricker, seconded by Mayor Bergman, to direct the City Manager a,a City Attorney to most with Mr. Bunch and try to work out an agreement pursuant to Council clarification regarding abatement. Mayor Bergman asked if, since two greenhouses hak: been screened, testing would take place. He asked that Mr. Busch invite the entire City Council when the test t..kes place so they can see it with their own eyes. Manager Willis statel the staff would look forward to try and resole the problem in favor of everyone's interest. Councilmember Vasiliou stated that was a positive step; her concern is that the legitimate concerns of the neighbors must be addressed. Motion carried, five ayes. 0 Regular Council Meeting November S, 1990 Page 443 Councilmember Vasiliou stated she vents to make sure the Council protects all p:.st:.es. She regrets the comments made aba::t wet basements in Amber Moods. An application from Craig Scherber involving a preliminary plat/plan, conditional use permit, and resoning for Stone Creek has been withdrawn by the petitioner and no action is required by the City Council. INION was made by Councilmember Eitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-' 6 REDUCTION OF EROSION CONTROL FINANCIAL GUARANTEE FOR CRAIG SCHERPER FOR "SWAN LAKE NEST ADDITION" 89025) . Motion carried on a roll call vote, five ayes. Park and Recreation Director Blank stated that the Park and Pecreation Advisory Commission PRAC) had reviewed Mr. Scherber's suggestion that the City acquire his parcel of land at County Road 101 and County Road 24 for park purposes. PRAC continues to feel that the property north of Highway 55, specifically land at Dunkirk and Old County Road 91 is the proper location for the next playfield site. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to direct the Manag*r to write a letter to Mr. Scherber stating that the City was not interested in the site he has proposed for park purposes. Motion carried, five ayes. Director Menta stated he w•.)uld be meeting with the contractor to assurt that reimbursement for tits neceseari work at Kings North is provided. If the eontMaetor does not concur, the City will draw upon the letter of credit. Councilmember Helliwell asked vhether the open ditch would be closed as part of this project. Director Moore stated only these areas that woald be extensions of the existing storm drainage system wo-.ild be eivered. Stone Creek Item •6-M R8SOLUTION 20-116 REDUCTION OF EROSION CONTROL FINANCIAL GUARANTEE FOR SWAN LAKE NEST ADDITION 89025) Item "6-N Craig Scharber Request to Purchase His Property at C.R. 101 and C.R. 24 Item 6-0 Kings North Drainage Concerns Item 6-P Regular Council Feting November S, 1990 Page 444 The report was accepted. Director Moore reported that the work at Quail Midge is 99 percent complete. He is trying to assure that the final work is completed as soon as possible. The City Council accepted this report. MOTION was mala by Counrilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-717 REDUCING DE'VZLOPM NT BOND, BASS LAKE CORPORATE CENTZR FIRST ADDITION (88146) . Motion carried on a roll call vote, fivt ayes. LOTION was male by Councilmembes Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO, 90-71d REDUCING DEVELOPHMNT BOND, IrJ'.WN CREEK AUDITION 90022) . Motion carried on a roll call vote, .ve ayes. NOTION was made by Councilmember Zit . seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-719 REDUCING DEVELOPMENT BOND, PONDEROSA WOODS ADDITION (88139) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmenber Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-720 REDUCING DEVELOPMENT BOND, STEEPLECHASE STH ADDITION (90068). Motion carried on a roll call vote, five ayes. MOTION wary made by Councilmember Zitur, seconded by Mayor Bergman, to isdopt U.0001JITION NO. 90-121 REDUCING DEVELOPMZFT BUND, PLYMOUTH MEADOWS ADDITION (88112). Motion carried on a roll call vete, tive ayes. Quail Ridge Item 6-Q Update R93OLU 99--x.17 REDUCING DEV'ZLOPHZNT BOND , BASS LAKE CORPORATE CENTER FIRST ADDITION 68146) Item •6-R-1 Q UUTIQIK 29-718 REDUCING DEVELOPMENT BOND, FAWN CREEK ADDITIO:i 900221 Item 06-R-2 RED UC'. iiia DEVELOPMENT BOND, PONDEROSA WOODS ADDITION (88139) item +6-R-3 AZSQLUTIQN 90-720 REDUCING DEVELOPMENT BOND, STStPLECHASE 8TH ADDITION (90068) Item •6-R-4 CANOTIN 20-7,21 REDUCING DEVELOPMENT BOND, PLYMOUTH MMOWS ADDITION (88112) Item *6--R-5 Regular Council !.eating November S, 1990 Page 445 NOTION was made by Councilmember Zitur, seconded MQLUTION 90-722 by Mayor Bergman, to adopt RESOLUTION NO. 90-722 REDUCING REDUCING DEVELOPMENT BIND, P7,RNBR00K MANOR DEVELOPMENT BOND, 11DD I T I ON (87128). rzANDROOK mANOP ADDITION (87128) Motion carried on a roll call vote, ::ve ayes. Item "6-R-6 MOTION was made by Councilmember Zitur, seconded UNLUT10 8-723 by Mayor Bergman, to adopt REB('.UTION NO, 90-723 REDUCING REDUCING DEVELOPMENT BOND, NATLRFORD PARK PLAZA DEVELOPMENT BOND, ADDITION (87027). WATERFORD PARK PLAZA ADDITION Motion carried on a roll call vote, five ayes. (87427) Item 06-K-7 MOTION was made by Councilmember Zitur, seconded USQLVTION 90-74'4 by Mayor Bergman, to adopt RESOLUTION NO. 90-724 REDUCING REDUCING DEVELOPMENT BOND, CATES PLI&MOUTH DEVELOPMENT BOND, CREZKSIDE ESTATES (85019). GATES PLYMOUTH CPEZKSIDE ESTATES Motion carried on a roll call vote, five ayes. (85019) Item *6-R-8 MOTION was made by Councilmember Zitur, seconded MMUT10 99-725 by Mayor Bergman, to adopt RZ30LUTION NO. 90-725 REDUCING; REDUCING DEVELOPMENT BOND, BASS LAKE ESTATES 24"ID DEVELOPMENT BOND, ADDITION (86C65). BASS LAKs ESTATZS 2ND AUC I T I ON MSotic.r, carried on a roll call vote, five ayes. (860651 Item 46-R-9 MOTION was made by Councilmember Zitur, seconded 1Z$QLVTIQH 30-726 by Mayor Bergman, to adopt RESOLUTION NO, 90-726 REDUCING REDUCING DZVSLOPM>LNT BOND, WILD WINGS 4TH DEVELOPMENT ®OND, ADDITION (09050) . WILD WINGS 4TH Amin )N (990`O' Motion carried on a roll ca:.l vote, five ayes. 1t;,n •e -R-10 MOTION was made by Councilm*T.LwL Zitur, seconded MNLUTIQN 90-7267 by Mayor Bergman, tn muopt RESOLUTION NO. 90-727 ACk'EPTING PETITION DECLARING Al1ZQUACY or PETITION AND ORDERING AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - BAY REPORT, STREET POINT~ ON MOONEY LAKE. LIGHTING - SAY POINTE t1N MOONZY Motion carried on a roll call vvto, five ayes. LATE Item 1115• S-1 11 e Regvl w r, Council Meeting November 5. 1990 Page 446 MOTIC111 was "do 'vy Counci.Lmemvez Z;;.uz, U3QLUTW4N .9Q -72a by Mayor Bergman, to adopt RESOLUTION NO. 90-728 RZCLi v iii ZOMPORT RECEIVING REPORT AND ORDERING PROJECT - STRZZT AND ORDERING LIG1100ING BAY POINTE ON NO OOZY LAKE ADDITION. STREET LIGHTING - BAY POINTE ON Notion carried on a roll call vote, five ayes. MOONEY 1J= Item "6-5-1 MOTION was made by Councilmemb*r Zitur, seconded PZ30LUTLQN 90-729 by Mayor Bergman, to adopt RZSOLUTION NO. 90--729 ACCEPTING PETITION DECLARING ADEQUACY Or PETITION AND ORDERING AND ORDZIIIN'a PRZPARATION OF REPORT, ZTAZZT LIGHTING - REPORT, STREET STEEPLECHASE STH ADDITION. LIGHTING - STEEPLECHASE STN Motion carried on a roll call vote, five ayes. ADDITION Item *6-5-2 MOTION was made by Councilmember Zitur, seconded MOLUTIOV 9Q-730 by Mayor Bergman, to adopt RESOLUTION NO. 90-730 RECEIVING REPORT RECEIVING REPORT AND ORDERING PROJECT - STREET AND ORDERING LIGHTING 3TRULZCRASZ STH ADDITION. STRUT LIGHTING - STEEPLECHASE STH Motion carried on a roll call vote, five ayes. ADDITION Item 116-3-2 MOTION was made by Counc:iimomber Zitur, seconded MQLUMN 90-731 by Mayor Bergman, to adopt RTSOLUTION N0. 90-731 ACCEPTING PETITION DECLAA.ING ADEQUACY OT PETIT10N AND ORDERING AND ORDERING PRZPARATION OF REPORT, STnET LIGHTING - FAWN REPORT, STREET CRZEK ADDITION. LIGHTING - FAWN CREEK ADD 1 T I ON Motion carried on a roll call %rote, five ayes. Item • 6-S-3 MOTION was made by Councilmember Zitur, seconded MSQLUTLON 9Q-732 by Mayor Bergman, to adopt RESOLUTION NO. 90-732 RIictiVING REP- vi RECEIVING REPORT AND ORDERING PROJECT - STREET AND OP DZRI NG LIGHTING FAWN CREEK ADDITION. STRZ3T LIGH'T'ING FAWN CREEK Motion carried on a roll call vote, five ayes. ADDITION Item 46-S-3 MC noN was made by Councilmember Zitur, s*conded FAMUT10 90-733 by Mayor Bergman, to adopt WOLUTION No. 90-733 ORDERING RZARING ORDERING PUBLIC HEARING IN THE PROPOSED VACATION ON VACATION OF OF A ROADWAY EASZMNT (ANNAPOLIS LAND EXTENSION) ANNAPOLIS LANE DOCUMENT NO, 455713 EXTENSION Item 66-T Motion carried on a toll v&'.1 vote, five ayes. 0 Roqu!T,r Council Meeting W*va+tber 5, 1990 Page 447 NOTION was vada by Councilmember Zitur, seconded by Mayor Ber9uan, to adopt RESOLUTION NO. 90-734 APPROVING PLANS AND SPECIPICATIONB, SCHMIDT GARDENS NATZPMIN IMPROVEMENTS, CITY PROJECT NO. 034. Motion carried on a roll call vote, five ayes. NOTION was made by Councilmember T!tu4, seconded by Mayor Bergman, to adopt RASOLUTION NO. 90-735 APPROVING CHANGE O1tDEA N0, 1, COUNTY ROAD 101/COUNTY ROAD 9 TAUNX WATZRMAIN, CITY PROJECT W). 012. Notion carried on a roll call vote, five ayes. NOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adr." t ;.ESOLUTInH NO. 90-736 I N STALLAT I O!1 OF S TJY SIGNS. Notion carried on a roll call vote, five ayes. NOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-137 RZIIUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED STUDIES, 'OUNTY Raw 9. Motion carries: on a roll call vote, five ayes. W.1TION was made by Councilmomber Zitur, seconded by Mayor 5^rgaan, to adopt RESOLUTION NO. 90-736 FAVISING CHANGZ ORt)ER NO. 31 WELL NO. 11 I"TERMAIN, CITY PROJZCT NO. )09. Motion carried on a roll call vote, five ayes. MOTION was made ty Councilmember Zitur, seconded by Mayor Bergman, to adopt RZbOLUTION NO. 90-739 REQUEST *CSR PAYMZNT N0, 70 DRILLING OF WELL NO, 110 CITY PROJZCT NO. 909. Motion carried on a roll call rote, five ayes. MOTION was made by Coatncilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO, 90-740 APPROVING CHANGE 0"919 NCS. 3, CONSTRUCTION OF FIRE STATION N0, I, CITY PROJECT NO. 825. Motion parried can a xoll call vote, fico ayes. Z39LUTUN 90-731 APPROVING PLANS/ SPECIFICATIONS, PROJECT NO. 034 Item •6-U-1 RL=UT LW .91t - 7 3 S APPROVING CHANGE OADER NO. 1, PROJECT NO. 012 Item '6-U-2 FM QLUT I4N 90-736 INSTALLATION Of STOP SIGNS Item +6-V PMQLUTIQN 90-737 REQUESTING SPEED STUDIES, COUN': Y RnAp 9 Item • 6-N RZSMUON 90-730 REVISING CHANGE ORDER NO, 3 WELL VO. 11 PRuJZCT NO, 90q Item 66-X-1 USOLUMN 20-732 PAYMiNT NO, 7 4ILL NO. 11 PROJECT NO, 909 Item •6--X--2 UNLUT10 9Q •740 APPROVTN3 CH4NGE f?RDER NO, 3j FIRE S TAT T ON NO. I PROJECT N o . 8.25 Item 'h -Y 0I u Regular Council Mooting tlovember S, 1990 Page 440 MOTION was made by Councilmember Zitur, seconded by Mayor Bergs", to adopt RESOLUTION NO, 90-741 PZQU93T FOR PAYMENT 00. 4 AND FINAL, DEEP WELL NO. 12 - PUtVING FACILITY, CITY PRn..ECT NO. 909. Motion carried on a roll call vote, five ayes. Assistant Manager Boyles stated than the City Attorney had reached an agreement with representatives of Kevin and Lillian Begin under the torso of whict, a nuisance assessment would be revised from $36,000 to $16,000 and the court appeal would be dropped, MOTION was made by Councilmember Vasiliou, seconded by Councilmomber Ricker, :.o adopt U30LUTION NO. 90-742 AUTHORIZING T4.Z MAYOR AND CITY MX8UlGIGIt TO 914TZR INTO A 3ETTLZWsNT AGRZEMZ1JT 188-16672) - BEGIN/CITY OF PLYMOUTH NUISANCE ABATEMENT A33ZSSMNT AND RKA33933INr THE PROPERTY LOC:ATZD AT 4300 FZ.AMROOK LANE00000 lotion carried on a roll call vote, five ayes. Director Tremor* reported that he arc. the PublLc Works Director reviewed the Lake Camelot Estates 3rd Addition site earlier in the day with the developer, rosidents, and the Mayor. The inspection was done to verify that certain improvements ar3 not completed as reflected in the October 22 memorandum from Engineer Moore. Attorney Thomson stated that in addition to site work the conditions of the letter of cred.t relate to the filing of homeowner association documents. Vivian Starr, 6060 Annapolis Lane, she Dias been a resident of the or 1988. Since that time there have walk-throughs of the development or his representatives. After ea promises were made that the work stated that ea since Mry, boon numerous with Mr. Ha;stad ch walk-thrvuyh, would be done and nothing has nappened. She is encouraging the City Council not to accept any more delays and act at this time by using the financial guarantee to undoctake the remaining work. U3"UUQN 90-741 PAYMENT NO. 4 AND FINAL, DEEP WELL NO, 12, PROJECT NO, 909 Item 6-Z RAQLVTON 9f)-742 SZTTLZMZNT AGREEMENT ON BEGIN NUI3ANCZ ABATEMENT ASS23SMXNT Item 6 -AA Lake Camelot Estates 89044) Item 6 -DB 0 II FAMOUS Council Meeting it Tember S, 1990 Page 449 Stove Schmitt, 1900 Silver Lake Road, Now Brighton, stated he is an employee of Mr, Harstad's. So has walked through the site with a group today. No ;Mated that the financial guarantee does not expire until April 1, 1991, and it is for about $00,000. He suggestod that the City and Developer select an engineer to prepare a cost estimate to complete the work, the City would be provided the case. and when the Nomieowner's Association is fully established, it would becoue responsible for completing the work. Mayor Bergman qu*etioned how the City would accomplish work such as this under similar ciraunstance•. engineer Moore stated the City would cash the letter of credit and establish an escro" account. Any work over $15,000 would require a biddJag process. Mike erutlag, 6080 Dallas Lane, stated he is an attorney and concerned about the legal situation. There is a title problem affecting the common property, The property needs to be deeded to the homeowners' association. Mr. Harstad historically has tied this land transaction into the resolution of the problems for additional leverage. qtr. Harstad now has to pay the taxes on the property and complete the title work. Given the delays, the City needs to help the residents conclude this matter. Attorney Thomson stated the letter 4f credit should not be reduced whatsoever in order to ensure that both legal and physical steps are taker.. The legal aspects should take no longer than two weeka. The City can cash the letter of credit since the terms of the agreement were not met, ltevs Schmitt rtat.ed he cannot commit Mr, Harstad to anything without his knowledge, DirW or Moore stated he was concerned about the amount of time that would be necessary to define the work that needs to be don* and in monitoring completion so that the City would not be A J Regular Council meeting November S, 1990 age 450 overcharged. Be estimated that the survey crew work could amount to $2,00043,000. Coun :ilmember Nelliwell stated the homeowners' assouiation is tired of unkept promises by the developer. Mayor Bergman asked if the grading could be coMleted this year. Director Moore stated it would be unlikely this tall given the wetness in now of the areas. MOT1014 was made by Mayor borgman, seconded by Councilmember Relliwell, to direct that the letter of credit be case»d and piaced in an escrow ac:ount and to ensure that the remaining work is undertaken as quickly as pessible. Motion carried on a roll calk vote, five ayes. Assistant Manager ouyles reported t:•#t representstives of Kenny's Liquor, ic. have agreed to waive their right to a pu.*ic hearing and pay a $2,000 tine for the third liquor vinlat..on against the store, which occurred in April, 2990. MOTION was made by Cuuncilmembea vasill.ou, seconded by Couacilmember Ricker, that the staff be directed to inform Kenny's Liquor, Inc., that Kenny's rwquest to waive the public hearing is granted and that the $2,000 penalty has been asaessta and that the money is to be deposited in the Cit,y's D.A.R.d. account. Motion carried, live ayes. Director Moore stated he is requesting that the CitV Council review the proposed Cal;tal Improvement Program for 1991-1995 and provide suggestions for revision prior• to final consideration later this year. aouncilmomber 61tur stated that the dirt road by the Powell Lincoln-Mercury business should receive some form of dust control or improvement. Director Moore stated the City could pave the road but that tl.ia road is to be abar-doned and that the cost for any improvements Would have to be paid by the City. Kenny's Liquor Law Violatif%n Item 6 -CC Capital Improvements Program Item 6 -VD 0 Regular Council Meeting November 5, 1990 Page 451 Councilmember Hellivell stated the dust situation is very difficult on this and other roads because it is impossible to keep the roadway moist at all times. Director Mooren stated that as development takes place, right-of-way is normally taken through dedication and improvements are assessed against the benefiting property. In this area there is no developing property. Councilmember Helliwell asked why Schmidt Lake Road was being improved when there was no development in the area. Director Moore stated a development contract provides for the completion of Schmidt Lake Road. He further stated that dust control along the Powell Lincoln-Mercury piece would be 1/4 to 1/2 mile. This roadway will be abandoned when another roadway segment is complete. Councilmember Helliwell asked whether tLe road should be abandoned now. Councilmember Zitur stated the property owner adjacent to the roadway pays taxes and the City should do something to control dust. He expressed concern that if this roadway were abandoned, care would cut through 34th Avenue, which is something residents have previously expressed concern about. MOTION was made by Councilmember kicker, seconded by Councilmember Zitur, that the Public works Director implement dust control procedures within one block of the County Road 9/Xenium Lane intersection. Motion carried, five ayes. Marilyn Thompson, 11018 Old County Road 15, asked why the City is not making plans to acquire property for County Road 73. She to ated she was pleased to receive a letter from th`. City Manager providing her with information about the potential development of this roadus' She understands that the Planning Commission is recommending than the County Road 73 alignment be moved back to 1993. On the oths,r hand, she is aware that the I-394/County Roa%! 73 intersection will increase traffic and accelerate the need for Regular Council Meeting November 5, 1990 Page 452 the road's completion. She asked for a clarification on this situation. Manager Willis stated the City can't assure whether the work schedule on this roadway will be based on actual traffic volumes or if specific development petitions might accelerate the work. Consequently, the City cannot be sure of the timing of the project. Councilmember Zitur stated a major concern is the Minnetonka redevelopment which is likely to make the road necessary. Councilmember Vasiliou asked about the proposed Community Center for 1991. Manager Willis stated the City Council needs to make a determination with respect to this issue on whether or not and when a Community Center would be considered. If it is to be considered, t:,en i1nancing must be established. Councilr*mber Zitur asked that a survey be conducted to determine whether the Community Center is desired by the community. Councilmember Helliwell stated that the Financial Task Force is to deal with this issue. Mayos• Bergman stated he wants to hear more about the City's ability to finance these projects through the Financial Task Force strategic planning activities. Manager Willis stated the Financial Task Force information will assist in planning for such capital improvements. MOTION was made by Councilmember Helliwell to delete Schnidt Lake Road from t z6 1yyl-1995 Capital Improvement Program. Motion died for lack of a second. Park and Recreation Director Blank stated that Item No. 14, Timberdhares Parking Lot, should be moved to 1991 given the fact that Door Ponds is to be constructed in the near future. It would Regular Council Meeting November 5, 1990 Page 453 be preferable to have the parking lot the houses are in place, and it would improve safety concerns because of the parking on Zachary Lane. in before also pressnt MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to move Item No. 14, cnq:%1*tio.,& of the Timbershoret Parking Lot, to 195.* in the Program. Motion carried, five ayes. Assistant Manager Boyles reviewed the proposal implement a comprehensive Customer Service Prog-am at Plymouth, the total cost of which would be $30,000 for the first year. to Proposed Customer Service Program Item 6 -EE Councilmember Vasiliou suggested a less expensive program such as the $1,000 program used by Maple Grove or Blaine might be more effective. MOTION was made by Colincilmember Zitur, seconded by Cour.zilmember Ricker, to table the proposed Customex- Service Program pending receipt of information about the Maple Grove and Blaine customer service efforts. Motion carried, five ayes. Assistant Manager Boyles stated the City has retained $150,000 of Medicine Lake Line's money to protect itsell" ayainat audit claims made by the Regiona' Transit Board (RTB) for Metrolink service between 1983 and 1990. An agreement has now been reached between the RTB, Medicine Lake Lines, and the City which will protect all interests and allow the $1500000 to be released to the RTB. The agreement is recommended for Council adoption. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-743 AUTHORIZIh3 THE CITY MANAGER TO ENTER INTO A SETTLEMENT AND MUTUAL RELEASE AGREEMENT WITH MEDICINE LAKE LINES AND REGIONAL TRANSIT BOARD. Motion carried on a roll call vote, five ayes. MOLUTI4N 90-743 AUTHORIZING SETTLEMENT AGREEMENT WITH MLL AND RTB Item 6 -FF Regular Council Meeting November 5, 1990 Page 454 Assistant Manager Boyles stated that at the October meeting, the City Council directed that a one-year extension of the MTC contract not be considered until a report is supplied on the number of breakdowns which have occurred and a survey of passengers takes place. A report was submitted by MTC showing that of 2.886 trips, 27 service related calls have been required. The MTC has now placed a spare bus by the park and rid* lots in the morning and by the downtown pickups in the evening so that the vehicle can be called in quickly in the event of breakdown. A survey of 349 Plymouth Metrolink passengers showed that there is strong support for the service provided by the MTC with over 292 people or 95 percent stating that all in all they rate the MTC service to be satisfactory, above average, or excellent. MOTION was made by Couns-ilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-744 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN EXTENSION OF THE 1990 AGREEMENT FOP OPERATION AND MANAGEMENT OF THE PLYMOUTH METROLINK SYSTEM WITH THE METROPOLITAN TRANSIT COMMISSION. Motion carried on a roll call vote, five ayes. Park and Re.,reation Director Blank stated he is seeking City Council approval for the location of ice rinks for 1990-91 asaaon. MOTION waa made by Councilmamber Helliwell, seconded by Councilmember Vasiltoii, to adopt RESOLUTION .40. 90-745 APPROVING ICE SKATING RINK LOC%TIONS FOR THE 1990-1991 WINrER SEASON. Motion carried on a roll call vote, five ayes. Councilmember Vv.eiliou asked whether a price could be obtained an printing the recreation insert as a sinal' 11 x 17 inch folded insert into the Plymouth Nwwa. She rzquested staff check on a six month, rathm-r than twelve month, extunaion and what the coat might be lir the revised insert format. PZ10L=1W 20-744 AUTHORIZING EXTENSION OF THE 1990 AGREEMENT FOR METROLINK SYSTEM WITH MTC Item 6 -GG U30JAUTION 90-745 APPROVING ISE SKATING RIMY LOCATIONS Item 6 -HH Regular Coune it Meeting November S, 1990 Page 455 40TICN was made by Councilmemboz VasAli,:,u, seconded by Mayor Bergman, to table this item until additional information is provided to the Council. Mution carried, fide ayes. Public Works Director Moore stated the Special Assessment Committee had met to discuss a number of issues. The first was private streets. He stated that they are in the process of identifying the approximate cost of maintaining the to, -al mi'.eage of City streets. Councilmember Heliiwell Sugg•=!ed that there is a New Jersey model where streets have bwFn phased in from private to public ow,,ership, where financial responsibility is shifted each year ever time. with respect to deferred special assessments, the Committee recommends that the deferral be made for the six assessments for five years and at the end of the original assessment, no further interest would be charged. The property owners would be provided with a 90 -day period to pay off the principal without interest. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt this recommendation. Motion carried, five .yes. The A.ssGS3ment Committee recommends that with respect to the County Road 9 watermair, project, that any homestead property with a single family home on the opposite aide of the roaaway from the watermain would not receive City water service unless specifically requested by the property owner. If no water service ie installed, the property would not be assessed for lateral water uenefit. If the property owner requests water service to be installed, then the property owner; would be assessed for a maximum of 1651 of frontage for lateral watermain assessment. The properties would be assessed for water area benefit. There would be no deferral of this assessment. Plymouth Newsletter Item 6 -II Special As.essment Committee Item 7-A I 0 Regular November Page 456 ouncil Doting so 1990 MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to approve this recosamendat ion . Motion carried, five ayes. MOTION was wade by Councilmember Zitur, seconded by Mayo_ Doi. -.*an, to adopt RESOLUTION N0, 90-746 APPOINTMENT LTi MAYOR KIM M. BERGMAN TO PLYMOUTH CIVIC LEAGUE. Motion carried on a roll call vote, five ayes. finance Director Hahn reported on the Third Quarter Financial Statement. He stated that permits for new construction aro lower than last year. He noted that permits for remodeling are up and these type of permits can involve a substantial amount of time to service. MOTION was isade by CouncilmemlGer Ricker, seconded by t'nunct lmembor 8itur, to accept the report. Motion carried, five ayes. Manager Willis reported that the City had acquired a site for senior citizen housing through Community Development Block Grant (CDBG) funds. Tlie agreement provided the City six years in which to develop the site. Nothing has occurred because federal funds have not been available to assist in subsidizing the construction and private sectir development proposals have not been able to adequately finance construction in order that the rents can meet federal guidelines. Dave Crain, Chair of tt.a Housing and Redevelopment Authoritj (HRA) reviewer` the staff memorandum and staffed that the HRA has concluded it is appropriate to pursue affordable senior citizen housing on the site and that financial informatiot, has been developed through the City and HRA which indicates that it is possible for the City of Plymouth through the HRA to develop the site. The City should purchase the site so the federal grant constraints could be lifted and so eventually the HRA could proceed at the Council's direction toward senior citizen housing development. UhWLS1 QH. 21-7411 APPOINTMZNT OF MAYOR TO PLYMOUTH CIVIC LLAGUR Item •7-B HRA - Senior Citizen Housing Site and Development Item 7-D Regular Council Meeting November S, 1990 Page 457 NOTION was made by Councilmember Vasiliou, seconded by Councilmembar Zitur, to adopt RASOLUTION N0. 90-747 AUTHORIZING MAYOR AND CITY MANAGER TO ACQUIRZ OUTLOT A, PLYMOUTH HILLS 4TH ADDITION. Motion carried on a roll call vote, five ayes. Public Safety Director Carlquist stated that the Public Safety Building Committee is recommending to the City Council that the architectural team of Polson-Trossen-Wright be selected to design the public safety building. The primary concern which the Colmittee had was the "grossing factor" use: by Po.laon-Trossen-Wright. After additional ir.q s:y, the; are now comfortable with the basis for the factor used. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-748 SELECTION Of PUBLIC SABdTY BUILDING ARCr1,r9CT AND CONTINUED ROLE OE PUBLIC S"9TY COMMITTEE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to direct the City Attornay to provide the Council with information about thq pcssibility of establishing a moratorium cn building permits in the area around Len Busch Roses, inc., until the lighting issue is reaoived. Motion carried, five ayes. Councilmember Zitur stated that County Commissioner Tad Jude is looking for positive support on the community library issue. Mayor Bergman stated he has asked the City Manager for a list of City Council directions. He stated iswould be helpful for the C uncil to know the status of these projects underway so they understand tha load the staff is carrying. Councilmember Va4iliou asked %tout the status f aturage buildi•ous at Oakwood Playfield. She PMQLUTLON- 90-747 ACQUISITION Of OUTLOT A, PLYMOUTH HILLS 4TH ADDITION Item 7-D Pi30LUTION 20-748 SELZCT I ON Or VUBLI.: SArETY BUILDING ARCHITECT Item 7-6 Reyueat for Opinion on : ermit Moratorium - Len Busch area Plymouth Library List of Council Virecteves Stlltage facilities at Oakw00%1 Svhk.lu! 0 AWgular Council Mooting Navember S, l S y0 Page 458 stated she is interested it knowing whether additional storage facilities would be installed and whether thio was consistent with the City's zoning osdinanim 6 Councilsomber Wasiliou asked the stators of the City Code revisions on laadscapi;rg improvements and entrance monuments, Director Tromere stated a draft ordinance has been prepared for :fanning Connission review at public hearing. Couacilsomber vastliou requested that a report be provided on tivak and debris in yards and how the City presently enforces such problems, She asked that the issue of j4ak cars be addressed as well. City Manager Willis stated that Sumek and Associates will be available to greet with the Council on December 7. He encouraged Council members to call Sumek representatives prior to this time if they desired. Cuuncilmembers ouggooted than a }ire -interview take place with each City Councilmember individually. Manager %illis reported that the Park and recreation Budget will be discussed at 9:00 a.m., Tuesday, November 6. Councilmsmbers Helliwell and Rickec are on that Committee. A Budget study session was scheduled for November 21 at 6:00 p.m. with the entire City Council, Another is not for November 26 at 4;00 p.m. The Council directed that a "Fact Shoot" be prepared for their use in responding to questions they will receiver from residents about the Truth in Taxation statements that are being mailed out on November 6. The meeting adjourned at 11:53 p.m. Landscaping Improvements, entrance Monumonts Junk/Debris Sumek 4 Associates fire oopt. Study 5ndge* Meetings Tax Statements 0