Loading...
HomeMy WebLinkAboutCity Council Minutes 12-17-1990MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 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, 3400 Plymouth Blvd., on December 17, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Public Safety Director Carlqui.st, Finance Director Hahn, City Attorney Thomson, a:id City Clerk Rauenhorst INVOCATION Mayor Bergman asked that residents remember Recycling Coordinator Dick Pouliot who is40recoveringfromaheartattackduringthe silent invocation. Mayor Bergman read the procedures for the Council meeting. CONSENT.AOENDA MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the Consent Agenda. Motion carried on a roll call vote, five ayes. MINUTES Invocation Item 2 Consent Item 4 MOTION was made by Councilmember Vasiliou, Minutes seconded by Councilmember Zituz, to approve the Item *5 minutes of the special council meeting of December 10 and the budget hearing meatina of December 11, 1990. Motion carried on a roll call vote, five ayes. Agenda 1 rl Regular %Caunail Meeting December 17, 1990 Page 520 Mayor Bergman opened a public p.m. on vacation of a roadway Parcel 22-118-22-22-0001. No the hearin7 woo closed at 7:06 hearing at 1:06 easement within one appeared and ri.m. MOTION was made by Councilmember Vasiliou, seconded bj Councilmember Zitur, to adopt RESOLUTION N0. 90-809 AUTHORIZ.ty % THE VACATION OF A ROADWAY EASEMENT (AN`MPOL1S 16AML EXTENSION) DOCUMNT N0. 4557139. Motion carried on a roll call rote, five axes. MOTION was made by Councilmember Vasiliou, uecunded by Councilmoimher Zitur, to adopt RESOLUTION NO. 90-810 SETTING CONDITIONS TO BE MET PRIOR TO FILING Or RESOLUT?ON NO. 90-809 VACATING A ROADWAY EASEMENT WITHI14 PARCEL 2.2-118- 22-22-0003. Motion carried on a roll call vote five ayes. kayor Bergman opened a public hearing at 7:08 p.m, on recommended revisions to miscellaneous lic"nse and permit fees. Finance Director Hahn explained the+ proposed fee increases. H stated that tAe proposed ordinance includes a fee for dog licensee thrt were previous offered to rasident free during the month of. January. He alto recomnended that the C•.)uncil add the language "plus legal feed fcr title review", in the section relative to proliminary plat fees. Councilmember Vasiliou stated she knows of two homeowners' associations that have publicized that dog liconses can be reneged free of charge during January. The staff may ne®d to explain the change. No o -e appeared for the hearing, and it was closed at 7:09 p.m% 8E;QW71- 1L_ 90 -a 0 9 VACATION OF ROADWAY EASEMENT ANNAPOLIS LANE EXTENSION) Ttem 6-A SETTrNG CONDITIONS TO BE MET PRIOR TO FILING OF RESOLVTION NO. 90- 809 I t oir 6-A n J Regular Council Meeting December 17, 1990 Pa yF 521 MOTION was made by Councilmember 'rasiliou, seconddd by Councilmember Zitur, to adopt ORDINT.NCE NO. 90-40 RELATING TO LICVNSE FEdS, PERMIT FLEES .IID OTHER FEES AND CHARGLS; AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 1010.01., 1015.13, 1015.17, 1015.19, 1015.2:, 1.015.23, 1013.25 AND 1015.27. Motion c,a:ried on a roll call vote, five ares. Mayor Bergman opened a public improvement hearing at 7:10 p.m. on NW -17 Trunk Sanitary Seger extension to the area between County Road 9, Holly Lane, Vicksburg Lane, and the H.U.S.A. boundary, PreNject No, 040. Manager Willis stated that notices were published and mailed as required by law. He described the public hearing process and the affected area. Public Works Director Moore stated tt..e proposed vro ject invol*ras they northerly extAnsion of a 15" trunk sanitery sewer lire from a poirt west of the new Plymouth Creek Elementary School to a point about 800' north of Old Rockford Road and west of Pond BC -P5. This line would sdrve the went branch service area of District 2JW--17. The east branch service area would be served by the ektansion of an 8" diameter pipe northeasterly across ponding area BC -P5 to the southerly lice of Oxbow Ridge Subdi)ision. He stated the estimated project cost is $191,835.60, and the propoemd amount to be assessed is $880 per acre. Rick Sethre, Sathre-Borgcluist, Inc., represented a group of owners with property north of County Road a and east of Holly Lane (Lowry Hill Development Company). He stated they purchased the land in the late 1960's and strongly support the sewer extension at this time, P ichard Deziel, 16100 46th Avenue North, stated he owne Hollydale Golf Course. The proposed assessment on the golf couroe+ pa?: ce k would create a hazdehip for him, and the imprc:vement would he of no value to the golf course property. He suggested that if the project is ordered, lie be exempted from paying an assessinent: fox the golf course provert.y, until auch time as development. occurs. ORDINANCE 9 Q—. REVISING LICENSE AND PERMIT k'EES Item 6-B Northwest Sanitary Sewer Extension Item 6-C Regular Council Meeting December 17, 1990 Page 522 Mayor Bergman closed the public hearing at 7:18 p.m. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to defer con3ideration of this item until Item 7-E is discussed. Motion carried, five ayes. Manager Willis presented a report on the City Council election schedule. He ststed tha in response to Council di remit ton to provide recommendations for possiLle savings in the 1991 budget, he had recommended that the Council may wish to consider changing the current election schedule from odd years to eve* years during budget considerations. This savings would result in an annual savings of about $22,400, which would escalate over time. He suggested a number cf options that the Council could coi.sider: Retain the existing system; Extend Mayor and Councilmember terms by one year to implement an even -year schedule; Examine other alternatives available to implement an even -year schedule; and Determine what, if any, additional procees should be used to obtain public input. Wallace :tanderson, 3395 Underwood Lane, urged the Council to leave the election on the odd -year schedule. He stated the savings could be found elsewhere in the budget. Larry Geyerman, 10.400 49th Avenue North, stated he doesn't know the positions of individual Councilmembers on this issue. He agreed that the most savings and higher voter turnout attained with an :- -en-year schedulto is desirable; however, he noted se,reral negative aspects of a change. Mr. Geyerman stated the Council would be tLking away the residents right to vote by extenaing terms. An even -year lor.al election coLld cause Issues and candidates to be confused with these on the federal, state, and county level. He stated thet in Fridley and Brooklyn park an t4ven- year schedule wa4 schieved by changing to t.irde-- yea.r terms, He suggested that a change be considered after the 1991 election. City Council Llect ion Schedule Item 7-A Regular Council Meeting December 17, 1990 Page 523 David Austin, 3905 Glacier Lane, agreed with the concept of three-year terms. He criticized some Councilmembers for being "willing to spend $11 million on a community center that was supported by 30 percent of the population of Plymouth." He stated that Councilmembers supporting a change to extend terms will not be supported in the next election. Mr. Austin stated Councilmember Helliwell's voting record has not been consistent with her campaign promis" to be representative of the citizens. Phil Wencl, 390U Glacier Place North, stated that the last several months there seems to be a clash of personalities among the Councilmembers. He stated that saving money is not the issue. If it were the issue, the Council could have made a change to shorten tetms early in 1990 su the local election could have been moved up to November. 1990. He encouraged Coiincilmembeia to leave their personal biase3 at home" and take care of the business of running the City. Richard A. H&rtin, 2550 East Medicine Lake Blvd., stated hc: agrees with the pre-vious sneakers and is ashaned that Councilmember Zitur is on the Council, Kathy Loet&.r, 4570 Glacier Lane, stated the Coun::il should remember that the oitizer.s are the customer and the City is a customer service business. Norbert Herby, 3430 East stated that $22,400 is a fraction of the 4 percent budgeted for employees. or three-year terms. Medicine Lake Blvd., small savings, and a salary increase Hi supportdd the concept Mai_on Bohnsack, 330 Zinnia Lane, stated city government is the place where k;1'.tizens can participate and have the greatest impact, She opposed changing to even -year elections because the issues and candidates will be "last" among a long hal.Lot of federal, state, and county Offic,a. 0 Regular Council Meeting December .1.7, 1990 Page 524 Bob Held, 18530 34th Avenue :forth, stated he would like local elections to remain in odd- numberad years. He stated a fast-growing City like Plymouth has important issues that should not get "lost" with state/national issues. He encouraged the Council to continue with their team -building training after this issue is decided because "we have a City to run." Patty Johnston, 13040 38th Avenue North, asked how Councilmember Helliwell stands nn the community center issue. Councilmember Helliwell responded that she would make her comments when the discussion was finished. fie. Johnston noted that Councilmember Zitai- had been quoted in the newspaper as saying that even If the Council wanted to build a community center, there is no longer enough money. Councilmember Zitur stated his comment& related to the fact that the funds previously allocated to a community center, in his opinion, have since been allocated to a public safety building. Mayor Bergman stated there was not only money for a community center, but for a public safety building, public works building, and for infrastructure replacement. M3. Johnston stated the City Attorney's information that the citizens couldn't vote on the community center issu% because it came out of a special fund was incorrect. Ken Neutgens, 14A07 County Road 6, stated Councilmember Ricker has not answered letters he sent in the past, The citizens need eourcilmembers that will respond. Tom Stenoien, 10510 49th Avenue North, stated th-:+ right to vote is seaent.ial. He stated the cost savings is small and citizens want to vote in 3.991. B4.11 Jackson, 4130 Upland Lane, stated lural elections should be kep in odd -numbered years, otherwise local Issues will become overrun by national issues. He st6ted he did not believe there would be a cost savings of $22,400. If is Regular Council Meeting December 17, 1990 Page 525 there was such a cost savii.gs, he stated the savings to residents would be 250 per capita per year. He agreed there was some advantage to a greater turnout in even -numbered years. M.- Jackson stated he is not cgposed to eventually ch."ging to even years; however, he wants to vote next year on three members of the Council. He suggestAd extending the terms of Councilmember Vasiliou and Helliwell by one year; therejy achieving an even year schedule by 1994. Mr. Jackson hoped there will be significant improvement in the relationships among Councilmembers. He stated there is currently a block of two and a block of three, and he would like to see all five Councilmembers replaced if tha relationship doesn't improve. Dick Milner, 2355 Jonquil Lane, stated the Mayor sp nt a great deal of money running ads to notify the public about this issue. He asked if citizens cnul.d give the Mayo= donations to reimburse him for the costs. Mayor Bergman state,j group is forming and litereated citizens could belong or give donations to that grc:up. David A. Anderson, 471-7 Minnesota Lane, stated that people are concerr:ed about the cur.enL store of government in the City of Plymouth. He staLe%d now is the time to let citizens voice their opinion about what is going on because "the Council has forgotten who they serve." He supported no change in the election schedule, and stated any change should be voted through a rt. Ze reridum . Steven A. Burk, 11775 40th Place, asked if there are limitations on when the Council can change terms. Attorney Thomson responded that state law requires any change to be made before September 1 of the year in which there in a local election. Mr. Burk asked if the proposed change was published 1n the City's official newspaper. Manager Willie explained that this cost savings proposal was made during budge• w-udy sessions. The City Council agenda is mailed to homeowners' Regular Council Meeting December 17, 1990 Page 526 associations, interested groups, and placed on cable. Newspaper coverage of the Council is subsequent to their meetings. Councilmember Vasiliou stated ono of the Council's goals has been to improve communications with residents. The Council will continue to refine tnese methods. Cour.cilme.aber Ves_liou stated she receivwd a mann from the City Manager proposing a change in the election schedule on November 8. It was also supposed to be discussed at the budget study session on Novo5mber 21. She stated the Mayor hid suggested considering an increase in the Counc.il from five to seven members and a ward system in May. Councilmember Ricker previously sugcj*atad changing the Mayor's tdim from two to four years. She stated she has never heard anything further from staff. Jerry Wilson, 18425 14th Avenue Noo7th, opposed any change in the election schedule. Pauline Milner, 2355 Joncrnil Lane, ob je :ted to anyone taking away her right to vote. Al Clausnitzer, 10705 40th Avenue North, apoke on behalf of the Lost Lake Homeowners Association and the newly formed Plymoutt citizens League. He presented information from the League, of Minnesota Cities on the advantages and disadvantages of even and odd year elections. He stated that if saving money was the reason for amending the election schedule, the Council could have increased employee salaries somewhat less han the 4 percent budgeted. He stated that he is not inferring that the staff is overpaid or undeapaid, but that this area should be considered if the Council is going to elintinete an election for $22,400. Mr. Clnusnitzer stated that ir_crea.ied turnout should not be the primary reason for a change to even -numbered year elections either. rhe turnout in the 1989 election was 23 percent, as compared to 9 percent in the 1987 election. when there are important local issues, citizens ,ail] vote. U r 0 Regular Council Meeting December 17, 1990 Page 527 He suggested that a task force be &opointed to study several issues relating to the Council: 1) Enlarging the size from five to seven members, 2) Adopting a ward rather than at -large system, and 3) Staggering years so not everyone mans in the sane year, He stated the Plymouth Citizens League has offered to pay for the 1991 election, so the Council donee not have to consider the cost issue. Mayor Bergman asked Attorney Thomson if there was any problem with the City accepting donations for election costs. Attorney Thomson stated there is generally no problem with the City accepting this type of donation. Len Busch, 4045 Highway 101, stated he believes the City Council is doing a good job. He com nended Councilmembers for their time and dedication to their jobs. Mr. Busch stated he is aware there is some agitation among Councilmembers; however, progress has been made even though Councilmembers don't always agree on the issues. Edward Walker, 3715 Vinewood Lane, stated he spent 24 months in Viet Nam, partly to preserve his right to vote. tie stated it is the ceaponsibility of the Council to seek croat•ive solutions, a.id he supported ti!i concept of a task force to address the issues related to elections. MOTION was made by Councilmembe r Vasiliou, seconded by Mayor Bergman, to form a task force c,-%mprisfrd oar citizens, staff, and the City Council to study and make recommendations on all issL,es related to elections an outlined by the various speakers. MOTION to amend the main motion was made by Mayor Bergman, seconded by Councilmember Vasiliou, that the ".Jtizen representatives on the task farce oe seistiLud at rmndom from the voter lists. Motion to amend failed, Vasiliou and Bergman ayes] Zitur, Ricker, and Helliwell nays. Main motion failed on a roll call vote, Vasiliou and Bergman ayes; Zitur, Ricker and Helliwe..l nays. Regular "ouncil Meeting December 17, 1990 Page 528 MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt ORDINANCT NO. 90-41 RELATING TO ELECTIONS, REPEALING ORDINANCE NO. 74-1, AND SCHEDULING THE MUNICIPAL GENERAL ELECTION FOR EVEN -NUMBERED YEARS. Councilmember Ricker stated he understands the arguments presented; however, he remains convinced that Plymouth needs larger turnouts ftor its local election which will be accomplished by an even year election. Councilmember Zitur concurred, and stated that the cost savings to be realized in 1991 will continue to grow in future years. Councilmember Vasiliou stated she doesn't have a position on even -year versus odd -year elections, but she will not vote to oxtend terms. She would like to receiie further citizen input. Cusncilmember Helliwell stated she feels there has been a large "disinformation campaign" against this isaue over the last few weeks, and showed copies of the ads placed by the Mayor i:i local newspapers. She noted that the ordinance would extend all councilmembers' tertac by one year and suggested that councilmembers oppose: to the extension could resign prior to the end of their term. Councilmember Helliwell stated that with the increasing costs of government on all levels, it is imperative to do everything possible to cut costs. She stated this is the first year that the City portion of property taxes has declined as the result of true cuts made by the Council, rathoi than as an Dffset by growth or state levy limits. Councilmember Helliwell stated the Cuua:^il has been creative in finding cuts, while at the sane time not reducing the lcvel of sei-vices to i Psident s . In fait, in soma eases service level has been improved, i.e. addition of two pclice officers. Councilmamber Helliwell states: tt.&- 35 other cities have changed their locAl et -"tions to even -numbered years in the l&st `.Zirse ymars, most by term extensions. She stated t.iat with e,ren U INANE 997.41. AMENDING CITY ELECTION SCHEDULE Item 7-A j' f Rdgoia r C:)Uncil Meeting December 17, 1990 Pag* 529 year elections, Plymouth will no longer have a private election", where a small number of voters elect members of the Council. Motion carried on a roll call vote, Helliwell, Ricker and Zitur ayes= Vasiliou and Bergman nays. Director Tremere stated the Planning Conalission Orville recommended approval on a vote of 6-1 of the Miller request of Orville and Joyce Miller for rezoiing, Kingsway preliminary plat, and variance for "Kingsway (90081) Estates" located at the northeast %:ornerc of Item 7-B ounty Road 6 and Xanthus Lame (90081). The variance request is to allow the platc:iag of a half street right-of-way for Xanthus Larne contrary to the provisions of the Subdivision Ord{.nance which prohibits patting of half streets. The Planning Commission recommends that the 25 - foot .gide portion of the site proposed for half street dedication instead be designated an outlot and tied to) proposed Lot 1 for tax purposes to be available if required for future dedication. At such time as a public street is determined to be required through the platting of othea parcels to the north and west of this sitethe cutlot created would be included, with the additional 25 fee* to the west to provide the full 50 -foot dedicated public street, and proposed Lot 1 would then have a public strut frontage. The proposed resolution includes the variance that results from the Planning Commission's recomr.endation regarding the creation of an oatlot rather than a dedicated one-half of Xanthus Lane, Director Trent ere stated the petitioner is not in favor of watermain being extended to serve this arae or the resulting assessments. Greg Frank, McCombs Frank Roos, represented Mr. and Mrs. M+.11er. He stated the Millers have lived at this location for 32 years, during which time Xanthus Lane has served as a private driveway. He showed alines of the property and stated that if the 50' right-of-way were to be provided, it would start at the center of the existing road and go to the east. The new enl irgad , t reet would destroy vegetation anti and Joyce Estates 1,1 0 Regular Council Meeting December 17, 1990 Page 530 create a hardship for the Miller'. Mg. Frank stated the Millers support the Planning Commission recommendation to create an outlot for future dedication if needed. Emily .A-ine Staples, 1640 Xanthus Lane, stated she is the property owner to the west, and hao some concerns with respect to the existing easement along the west line of this proposed plat. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-611 APPROVING PREI-T.MINARY PT.AT AND SUBDIVISION VARIANCE FOR ORVILLE AND JOYCE MILLXR FOR KINGSWAY ESTATES (90081). Attorney Thomson stated there may be some titre question on the 16 1/2' eaenment on the property. He suggested adding a condition to the resolution to address that concern. MOTION to amend the main motion was made by Councilinember Zitur, seconded by Covncilmember Ricker, to add Condition No. 12: "Any legal issue r -slating to whether a privste roadway easement exists along the west border of the property should be resolved before f ial plat approval." Motion to amend carried, five ayes. Attorney Thomson suggested that if the Council wishes to grant a variance to allow tho :.5' right-of-way, it should require dedication at this time ra`.her than as a outlot, it the petitioner does not object. Mr. Miller stated that was no problem. MOTION to amend the main notion was mads by Councilmember Zitur, seconded by Cour--ilmember Ricker, to amend Condition No. 10 to provide Lhat the 25' street. right-of-wal shall be dedicated with the final Flat; and to amend Condi.tinn No. 1 to provide to appropriate amendment f the Engineer's Memorandum dated NovenLl)er 6, 1 o90, relative to the street dedication. Motion to amend carried, five ayes. PSNI UT I ON U -M l P RE!r . P LAT AND SUED. VARIANCE FOR INGSWAY ESTATES 90081) Item 7-6 Regular Council Meeting December 17, 1990 Page 531 Director Moore suggested that the Council address the watermai.n issue. As the resolution now stands, Lhe developer_ would have to install public watermair along this roadway. Mr. Frank stated that staff suggested that watermain be extended along the west property line from County Road 6 to the north property line. The Millers proposed that service be extended through their property to serve future development to tiae north and west. Manager Willis noted that if the Council granted the Millers' request, it would be an exception to the normal practice. Staff recommends that utilities be extended northerly on Xanthus Lane because a fire hydrant is proposed of the north end of the proposed extension. The Council took no action to emend this requirement. Motion as twio e amended carried on a roll call vote, five ayes. MOTION was made by Councilmember %iter, seconded by Councilmember Ricker, to adopt ORDINANCE: NO. 90-42 AMENDING THE ZONING ORDINANCE TO CLASSIFt CERTAIN LANDS LOrATED AT THE NOr%THEAST CORNER OF COUNTY ROAD 6 AND XANTHUS LANE (18630 COUNTY ROAD 6) AS R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT. Motion carried on a roll call vote, five ayes. MOTION w:i i made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-812 SETTING A CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE RLZONING LAND FOR ORVIL:wE AND JOYCE MILLER (90081). Motion carried on a roll call vote, five ayes. MOT'ON ways made by Councilmember Vasiliou, secondod by Ccunc:ilmember Zitur, to adopt RESOI,JTION NO. 90-F13 APPROVING PRELIMINARY PLAT FOR MARSHALL MASKO 80R THE "MASKO ADDITION" 9'4.097) . 0 Motion carried on a roll caul vote, five eyes. MUM= _I.Q-4.2 AMENDING ZONING ORDINANCE FOR PROFERT Y AT C.R. AND XANTHV3 LAXE 90081) Item 7-3 USOLUTIM 99-8.12 SETTING A CONDITION TO BE MET PRicjR 'ru PUBLICATION 90081 tem 7-B MOLUTION 90-813 PREL. PLAT FOR MASKO ADDITION 90097) Item *7-C 0 e Regular Council Meeting December 17, 1990 Page 532 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt ORDINANCE NO. 90-43 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED ON THE NORTH SIDE OF THE 18400 BLOCK OF COUNTY ROAD 6 A49 R -1A LOW DENSITY SINGLE FAMILY RESIC=NTIKL) DISTRICT. Motion carried on a roll call. vote, five ayes. MOTION was made by Coiincilmember Vasiliou, seconded by Council.member Zitur, to adopt RESOLUTION NO. 90-814 SETTING CONDITIONS TO BE MLT PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR MARSHALL :.tASXO (9009'r) . Notion carried on a W.1 call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember 71tur, to adopt RESOLUVON NO. 90-815 AFPROVING FINAL PLA`: FOR MARSHALL MASKO FCR THE "MASKO ADDITION" (90097) . Motion carried on a roll call vote, five ayes. MOTION %qas ar%de by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 9J-816 SETTING CONDITIONS Tv BE MET PRIOR TO FILING OF AND RELATED TO FIN?L PLAT FOR MA?SHALL KASKO FOR THE "MASKO ADDITION" 90097) . Motion carried on a roll call vote, Five ayes. Dir©,ctor Tremere stated ttat a: the .meeting of November 5, the City Council acted to defer consideration of applications submitted relating to Plymouth Business Center 5th Addition to provide the property owners and Trammell Crow representatives an opportunity to meet to resolve the concerns they have with ons another, including acquisition of properties. He is swath Trammell Crow representatives and area residents had a number of neetings, and the petitioner has indi Waled a willingness to impoaR a conservation eAsement over the woodland and crook on the portion of the pzipert.y west of future extended Annapolis `.Jana. He cie)thci that QEDINANCE 9.0-43 AMENDING ZONING ORDINANCE FOR MASKO ADDITION 90097) Itein *7-C RESOL T-1Dj .3Q- 814 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 9097) Item *7-C QLVT.IQN._ 2Q-8155 APPROVING FINAL PLAT FOR MASKO ADDITION (90097) Item *7-C RKS-01XI WE -H -_8.1§ SETTING CONDITIONS TO BE MET PRIOR TO RECORDING (90n')7 ) Item *7-C Trammell Crow Plymouth Business Center 5th Addition (9006.3) Item 7-D s. Regular Council biaoting December 17, 1990 Page 533 the Lancs Use Guide Plan amendment would affect the west side of future At.napolis Lane by allowing for industrial developmen4t. The east aid& will be used for ponding. He also stated that the alignment of Annapolis Lane is not due to this project alone; It is consistent With the City Comprehensive Plan. The Planning Commission recommended approval of the petitioner's requests. Carlton J. Edman, 14130 35th Avenue North, stated he has a 30' access easement to his property along his rear property V ne which he doesaft want to lose. He stated that he raises dogs and this could be a problem ip the future if the future apa. tment dwellers don -t like it . John Starr, 3450 F'ernbrook Lane, stated that he learned last week thAt Trammell Crow is nom interested in acquiring his property. He stated that he is uncertain cf his rigs. !be a homeowner and is not sure whether he supp(,09 the Trammell Crow requests. He asked sevaral ;uestions about whetter his proparty would become nonconforming and wl.ether he would be preve.-ted from constructing an addition or rebuilding in the fixture . Mr. Starr reviewed the meetings held with Trammell Crow representatives. He stated he won1d liko more time to pursue his avaiia.ble legal options. Lowell Turner, 3430 F'ernbrook Lane, stated that since Trammell Crow does not want to acquire his property, he is now concerned with protecting it. He stated that through meetings with the developer, several agreeiaents have been reached, and he reqjested that the Council include these in the approving resolutions, i.e tit -.le search and survey stakes. debris removal, trees to be punted as a buffer. Mr. Turner stated that he is also concerned about his property becoming nonconforming and the related legal aspects. Mayor Bergman asked the City Attorney to comment: on the Council'r legal f;inction in consideri.ig these requests. Attorney Thomson stated that the Council. must consider Trammell Crow's application Regular Council Meeting December 17, 1990 Page 534 based on the Cit 's com renensive plan and zoning ordinance, and determinj whether it meets those requirements. Whether or not the property owners were able to reach an agreement for acquisition with Trammell Crow should have no impact or the decision. Linda Fisber appeared representing Trammel Crew. She stated that the conditions for approval as outlined in the resolutions are acceptable to Trammell Crow, including conditions suggested by the Plannina Commission, Ms. Fisher stated that traffic concerns expressed by the residents would exist independent of the proposed development. She described R everal proposals to ensure protection of tho existing residential homes, i.e. conservation eaaatrent to protect natural amenities, access easement to prevent "land - locking" of a parcel, conveyance of Parcel "A" to the Turners', and title search. The requests of Mr. Turner, including the landscape items, are eceptable to the petiltioner as long as they are allowed under the City's landscape policy. Director Tremere stated that the adjacent properties conform in terms of zoning, but not in terms of ultimate urban zoning per the land use guiding which calls for multiple r•,sidential uses. Attorney Thomson stated that if the property is in accordance with the existing zoning, it is a lawful use, and the home could be replaced or expanded. Director TremeMo stated that is true todaf because the property 13 zoned FRD and single family detached dwellings are a permitted use. However., if in thti future the property were zoned R-3 (as it is now guided), the owner may be restricted from rebuilding or subdividing because a single family detached dwellirky is not a permitted use in un R--3 District. Staff will research this further bec:au^e the prcperties have sewer and water available which usually means th*, land should be rezoned to the appropriate classification. i 7 Regular Council Meeting December 17, 1990 Page 535 MOTION wasas made by Mayor Bergman, seconded by Councilmember Vasiliou, to Adopt RESOLUTION NO. 90-817 APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR BERKSHIRE LANE I LIMITED PARTNERSHIP TRAMMELL CROW COMPANY) FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063). MOTION to amend the main motion was made by Mayor Bergman, seconded by C(,uncilmember Zitur, to &dd Condition No. 12: "A conservation easement as approved by the City Attorney shall be filed with the final plat and shall address the issued contained in the 12-17-90 memo from the aprli ant with the addenda from Mr. Turner." Councilmember Helliwell asked if the property owners would still have tho, opportunity to have an attorney review the proposal. She also asked what further action the property owners would take if a delay were granted by the Council. Attorney Thomson stated the homeowners have that S right; however, the developer gains certain rights if the preliminary plat is adopted. Mr. Starr stated that the only aspect of the development that ho disagrees with is the safety of the access to Fernbrook Lane. Mayor Bergman suggested that perhaps reflective concave mirrors could be installed at the end of the driveways for better visibility. Councilmenber Ricker stated that the liability issues involved with mirror installation would first be considered. MOTION to amend carried, five ayes. MAIN MOTION as once amended carried on a roll Pal 1 vote, five ayes. MOTION was made by Councilmeimber Ricker, secondwd by Counc,ilmember Zitur, that if Mr. Starr has a traffic study done, the City will sh^re in this cost, not to exceed $500. 0 Motion carried, five ayes. SOLUTION _x--117 APPROVING MPUD PREL. PLAN/PLAT AND CUP FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063) Item 7-D r] L C` Regu].Ar CvAncil Meeting December 17, 1990 Page 536 MOTION was made by Mayor Bergman, seconded by Councilmer5er Vasiliou, to edopt RESOLUTION NO. 90-818 APPROVING LAND USE GUIDE PLAN AMENDMENT OR BERKSHIRE LANE I LIMITED PARTNERSHIP It'r.)LL CROW COMPANY) FOR PLYMOUTH BUSINESS CENT' t 5TH ADDITION (90063) . Motion carried on a roll call vo•.e, five ayes. MOTION was made guy Mayor Bergman, seconded by CouncilmPt..oer Vasiliou, to adopt F.ESOLU ION NO. 90-819 APPROVING MIXED PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR BERKSH146.2 LANE I LIMITED PARTNERSHIP (TRAMMELL CROW CJMPANY) FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 90-44 AMENDING THE ZONING ORDINANCE TO CLJ'.SSIFY CERTAIN ,ANDS LOCATED AT 34TH AVENUE. NORTH EXTENDED) AND ANNAPOLIS LANE (EXTENDED) AS I-1 PLANNED INDUSTRIAL) DISTRICT AND R-3 (HIGH MEDIUM DENSITY RLSIDENTIAL) DISTRICT. Motion carried on a rcll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Counciimember Vasiliou, to &dopt RESOLUTION NO. 90-920 SETTING CONDITIONS TO BE MET PRIOR TO FUnTsICATICN OF ORDINANZ9 REZONING LAkTD FOR BERKSHIRE LANE I LIMITED PARTNERSHIP (TRAMMELL CROW COMPANY) (90063) . Motion cr-=ied on a roll call vote, five ayes. On Dezember 1.0 the Couacil deferred action on the Phase II }portion of the North., oat Trunk. Sanitary Sewer, Project No 014, until they can give further consideration to develupment of the area which w+11 be served and its financial impact. Manager Willis recommended that the Council approve plans a:i#+ spAcifications and advertise for bids to be received on Jai..ary 29 f "hese II. The specificd tiuns state that bids remain vtalid for 50 days, the Council would have timet tc c asides the financi., impact of opering this FiES=TIQN 9Q -UO APPROVING LAND USE GUIDE PLAN AMENDMENT FOR PLYMOUTH BUSINESS C: NTER 5TH ADDN . 90063) Item 7 -Ti F.F'L"ITION 90-1 AFPPOVING MPUD CONCEPT ULAN FOR PLYLOUTH BUSINESS CENTER 5TH ADDN. 90063) Item 7-D 4EDIN-MME .2Q-44 AMEN: NG THE ZONING ORDIN:.NCE FOR LAND AT 34TH AVE. N. AND ANNAPOLIS LANE 9006?) Item 7-D FsETUUTIS2N lk7l2Q SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 90063) Item 7-D Northwest Trunk Sanitary Sewer Phase II Project No. 014 Itwm 7-E Regular council Meeting December 17, 1990 Page 537 area for development and could delay consideration of bids until the second March meeting. Manager Willis stated he solicited priposals for a financial impact study from Springsted, Inc., and Ehlers 6 Assoclates. He provides: copies of the proposals to the City Council. He suggested that prior to his selecting ori, of the firms, the Cou•.tcil z.aiview the proposals to determine if they aduquately address the is&ues xiecessary to considez the fisr-%1 impact of development. Both firms indicat: they would be able to provide a report to they Council by the end of January. Councilmember Ricker asked about the relationship between this item and Item 6-C previously deferred to this point oi% the agenda. Manager Willis stn:.u Item 5-C would be Northwest Sanitary Sewer extension to the arca between County Road Q, Holly Dane, Vicksburg Lane and the M.U.S.A. boundary, He recomr.arlded +' at no action be taken on that pro_jec.:t !ntil the Plitise II Oportion is decided. MOTION was made by Councilmember RickP't-, seconded by Couicilmember Zitur, to defer c:,neideration of. Nor:.hw.sst Sanitary Sewer extension to area between County Road 9, Holly Lane, Vicksburg Lane and M.U.S.A. boundary until. a decision is L:Lde on Project No. 014, Phase II of the Northwest Trunk Sanitary Sewer extension. Councilmember Vasiliou stated that easem©nt acquisition is going forward on the Phase II portion. She asked wh"tr will happen to this Frocees if a decision on Phaae II is delayed. Manlger Willis stated that staff will prcceed to acquire the necessary right-of-way, unles:4 the Council direct© otherwise. Counzilmember Ricker stated the project is not a question of if; Lut when. The right-of-way will eventually be r. eeded . Councilmember Vasiliou asked how the developers could be involvired in the process to determine the financial impact o*' developmecit in this area. 0 0 0 Regular Council Meeting Geacember 17, 1990 Page 538 Councilmember Ricker felt that the developers could receive copies of the report and continent after it is completed; howtver, the report should be written solely by the financial consultants. He stated the Council is paying for the study and shoL.Ld receive the results first. If problems are noted in the study, the developers should become involved to comment. Manager Hillis added that the proposals tG conduct the work are available for public review. Motion carried on a roll call vote, five ayes. MOTION was made by C:.uncilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUVON NO. 90-821 APPROVING PLANS ANV SPECIF ICAPIONS AND ORDERING AD'JERT:SVIENr FOR BIDS, NORTHWXST 'TRUNK SANITARY SEWER PHASE ':I, CITY PROJECT NO. 014. Motion carried on a roll call vote, five ayes. Hans Hagen, St. Paul, stated it is his concern ac an affected developer that the project not be stopped. He stated that when the City installed trunk waternain in this area, he granted easements to the City at no cost. The City has now requested dedication for right-of-way, which he has agreed to do at no cost. He stated that if the project is not approved, there will be financial impacts to his company. William ^r.itchard, Orrin Thompson Homes, stated he supports the resolution ordering advertia-ament For bids. He requested that the affected developers and property owners be kept informed of the status and results of th#e study. Rick Murray stated he is a developer in the area and supports the resolution. He stated that althoug'i he has not always agreed with the Council'., decisions, he believes developers have beet: treated fairly in Plymouth. Peter Pflaum, Lundgren Bros. Construction, stated he is happy the Council has decided to bid the rroject. Lundgren Bros. Construction and other developers in the area are in a difficult posit .nn beciuse of the stage cf development they are in. Time ng is very important. RESOLUTION 90-821 APPROVING PLANS AND ORDERING BIDS PROJECT NO. 014 Item 7-E E. C7 Regular Council Meeting December 17, 1990 Page 539 Councilm mber Ricker suggested that the Cuuncilmembers individually review the proposals for the financial impact study and forward their comments to Mnnager Willis for incorporation into the stiidy. Developers may also forward comments or suy..estions to Manager Willis. Councilmember Vasiliou clarified the purpose of the study: to determine the financial impact of continued development on the City and on the taxpayers. The Council concurred. After farther discussion, the Council decided to individually review the proposals and submit comments to Manager Willis by Noon, Friday, December 21. Director Tremere explained the request of Dwi, t Larson for a conditional use permilt., site plan, variances, and deferred parking to improve and operate a former car wash fa.ility at .1318 Hiynway 55. The request was recvumendei for approval by the Planning Commission. He stated staff recommends that Conditions 6-c and 5-d in the proposed re3olution be deleted because they are variances not necessary for the operation as proposed. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur to adopt a resolut?.on APPROVING CONDITIONAL USE PERMIT, SII E PLAN, ZONING ORDINANCE VARIANCES, AND DEFERRED PARKING PLAN FOR DWIGHT LARSON (900-49). Motion carried on a roll call vote, five aye:. Del Erickson 7415 Wayzata Plvd., objected to Ttems No. 7 and No. 27D in the Engineer's Memo approved by the Council action. The petitioner does not believe curb and gutter should be constructed along the west side of the exit drive to the southerly edge of the concrete driveway. Also, the petitioner objects to dedicating a 10' eaaoment for ticilitie,y and drainage because there is already n 30' easement in place. Mr. Erickson suggested that to alleviate congestion, signs could be posted on the west end of the driveway Dwight Larson 50099) Item 7-F RE:iOLUTI ON APPROVING CUP, SI 7"z PLAN, ZONING VARIANCES AND DEFERRED PARKING PLI,N FOR DWIGHT LAFSON (94099) Item 7-F G7 Regular Council Meeting December 17, 1990 Page 540 t c4ie access to Nest Medicine Lake Drive, stat%ng "Right Turn Only" and "Exit Only". He believes this would provide stacking space for vehicles turning west. Director Moore slated that the access to Nest Medicine Lake Drive is not part of the prorosed site plan. The petitioner also owns the adjacent site and business, but the plans submitted were for the car wash only. The driveway has not been used for 12 years. He noted the short -stacking distance between Highway 55 and the frontage road entrance, and stated that additional congestic:, should not be added to this area. He further recommended that the 10' utility easement be required per the City's subdivision code. This easement area would be used for utilities and snow storage. Mr. Erickson stated that all utilities are already in place in the existing right-of-way. He stated that correcting this driveway will not solve the traffic problems in the area. `:here is no subdivision involved here; the requirement for more right-of-way is inappropriate. Dwig:t Larson, 1535 Nest stated he does not want another 10 feet. Medicine Lake Drive, to grant an easement for Attorney Thomson stated whereas easements are often req+itrements of the City's subdivision code, th. Council can impose reasoA.:able conditions on a concAtional use permit such as thi.. The Council has discretion in this case and could require the easement. MOTION was made by Councilmember vasiliou, seconded by Mayor Bergman, tc reconsider this item. Motion carried, five ayes. Director Tremere recommended that a Condition be added to the proposed resolution that requiA:es compliance with the Engineer's tomo. Motion to Reconsider It s•1m 7-F r1 Reaular Council Meeting December 17, 1990 Page 541 MOTIF:!d was made by Councilmember Ricker, seconded by Mayor Bergman, to amend the proposed resolution by adding a condition that states, Compliance with the Engineer's Memo." Motion carried, five ayes. MOTION was made by Mayor Councilmember Vasiliou, resolution and dwloting 10' easement. Bergman, secondee by to adopt the approving the requirement for the Mr. Erickson stated that the 10' easement would not abut the existing curt. In response to a question by Councilmember Helliweli, Director Moore stated the snow storage is going on private property now. MOTIUN and second were withdrawn. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to adopt upon reconsideration, RESOLUTION NO. 90-822 APPROVING CONDITIONAL USE PERMIT, SITE PLAN, ZONING ORDINANCE VARIANCES, AND DEFERRED PARKING PLAN FOR DWIGHT LARSuo (90099), as a condition including Compliance with the Engineer's Memo, except Items Nn. " and No. 27D. Motion caL iad on a roll call vote, five ayes. Manager Willis presented a prorosed resolution recommending a $5 field maintenance fee co be charged to athletic ass,ciations for youth that live in communities that do not contribut3 facilities for use by the associations. Councilmember Vasiliou asked what type of documentation would be used. Manager Willis stated thu City would receive data from the athlhtic associations ori the number of nonresident participants. The fees woulO be remitted to the City by the associations. Councilmemb;r Vasiliou stated she is concerned that t:herq +s no accountability or verification in the process. Motion to Amend PjaOLUO 90-822 DWIGHT LARSON - CUP, SITE PLAN, ZONING VARIANCES JLID DEFERRED PARKING PLAN 90099) Item 7-r Youth Athletic Associations Field Maintenance Fee Item 7-G C7 0 Regular Council Meeting December 17, 1990 Page 542 MOTION was made by Mayor. Bergman, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90- 823 APPROVING FIELD MAINTENANCE FEES. blotion carried on a roll call vote, four ayes; Helliwell nay. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-824 REDUCING DEVELOPMENT BOND, TYRELL FIFTH ADDITION (87029). Motion carried on a roil call vote five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adept RESOLUTION NO. 90-825 P.EDUCING DEVELOPMENT BOND, TYRELL SIXTH ADDITION (87105). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-826 REDUCING DEVELOPMENT BOND, TYRELL EIGHTH ADDITION (88136). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-827 REDUCING DEVELOPMENT BOND, TYRELL NIMTH ADDITION (89015) . Motion carried on a rall call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Counc =.lmember Zitur, to adopt RESOLUTION NO. 90-828 REDUCING DEVELOPMENT BOND, POND NORTH ADDITION (87058). Motion carried on a roll call vote. five Ayes. MOTION was made by Councilmember Va-iliou, seconded by Councilmember Zitur, to adopt RESVLUTION NO. 90-129 REDUCING DEVELOPMENT BOND, BASS LAKE HILLS ADDITION (88060). Motion carried on a roll call vote, five ayes, ZSOLUTION 90-823 APPROVING FIELD MAINTENANCE FEES Item 7-G RENLUTION .94-824 REDUCING DEVELOPMENT BOND, TYRELL FIFTH ADDN. 87029) Item *7-H-1 RES"UTLQN 94-82.5 REDUCING DEVELOPMENT BOND, TYRELL SIXTH ADDN. 87105) Item *7-H-2 RESOLUTION 90-826 REDUCING DEVELOPMENT BOND, TYRELL EIGHTH ADuTTION (88136) Item *7-H-3 RESQLVTION 907827 REDUCING DEVELOPMENT BUND, TYRELL NINTH ADDITION (89015) Item *7-H-4 RESOLUTION 90-@25 REDUCING DEVELOPMENT BOND, PONDS NOPTH ADDN. 87058) Item *7-H-5 RESOLUTION 90-82:) REDUCING DEVELOPMENT BOND, BASS LAKE HILLS NDDITION (88060) Item *7-H-6 0 Regular Council Meeting December 17, 1990 Page 543 MOTION was made by Councilmember Vasiliou, M% Lc7Tj1QN lQ:UQ seconded by Councilmember Zitiir, to adopt APPI:OVING CHANGE RESOLUTION NO. 90-830 APPROVING CHANGE ORDER NO. ORDEF NO. 3, 3, COUNTY ROAD 9/COUNTY ROAD 101 TRC*NK WATERMATN, PRC•TECT NO. 012 CIT: PROJECT NO. 012. Item *7--.i Motion carried on a roll call vote, fi " ayes. MOTION was made by Councilmember Vasiliou, PMQLU.TION -2k-8a1 seconded by Councilmember Zitur, to adopt FINAL PAYMENT - RESOLUTION NO. 90-8:31 REQUEST FOR PAYMENT NO. 8 PROJECT NO. 416 SND FINAL NORTHWrST BLVD. (C.S.A.H. 61) STREET Item 7-J-1 AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 416. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, BA6.QLUT7kQN_29--832 secorded by Councilmember Zitur, to adopt FINAL PAYt•1ENT - RESOLUTION NO. 90-832 REQUEST FOR PAYMENT NO. 4 PROJECT NO. 905 AND FINAL WAST MEDICINE LAKZ DRIVE, TRUNK Item 7-J-2 SANITARY SEWER AND WATERMAIN IMPROVEMENTS, CITY PROJECT NO. 905. Motion carried on a roll call vote, five ayes. MOTION was made bx Councilmember Vasiliou, L301LVTIM 20-833 seconded by CountAlmember Zitur, to adopt FINLL PAYMENT - RESOLUTION N;. 90-833 REQUEST FOR PAYMENT NO. 8 PROJECT NO. 833 ANh FINAL T.H. 169 FRONTAGE ROAD IMPROVEMENTS, .tem 7-J-3 PROTECT NO. 833. Motion carried on a roll :All vote, five ayes. MOTIOM was made by Councilmamber Vasiliou, BL.SQLUTION 40-834 seconded by Councilmember Zittir, to adopt FINAL PAYMENT - RESOLUTION NO. 90-834 REQUEST FOR PAYMENT NO. 17 PROJECT NO. 648 Ar1D FINAL, T.H. 55 FRONTAGE ROAD/REVERE LANE, Item 7-J-4 CITY PROtTECT NO. 815, S.J. GROVES, PHASE .T.I, CITY PROJECT NO. 648. Notion car:-ied on a roll call vote, five ayes. MOTION wrs made by Councilmember `lasiliou, i)MjNhNCF .90-4.5 seconded by Councilmember Zitt:c, to adopt RFLATING TO ORDINANCE NO. 90-45 AMENDING SECTION 1115, GASOLINE SERVICE LICENSIN'J REQUIREMENTS, OF THE CITY CODE RELATING STATION LICENSING TO GASOLINE SERVICE STATIONS. Item *7-K Motion carried on a moll call vote, five ayes. 0 Regular Council Meeting December 17, 1990 Page 544 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-835 APPROVING RENEWAL OF AMUSEMENT LICENSES FOR 1991. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember seconded by Councilmember Zitur, RESOLUTION NO. 90-836 APPR071NG LICENSE APPLICATIONS. Vasiliou, to adopt 1991 CIGARETTE Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-837 APPROVING RENEWAL OF GASOLI14E SERVICE STATION LICENSES FOP 1991. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmembor Zitur, to adopt RESOLUTION NO. 90-838 APPROVING RENEWAL OF LICENSE FOR 1991. KENNEL Motion carried on is roll cell vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RL -SOLUTION NO. 90-839 APPROVING TARGET AND TRAP SHOOTING RANGE LICENSE FOR 1991. Motion, carried on a roll call vote, rive ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90•-840 4PPROVING RENEWAL OF TAXICAB LICENSES FOR 1991. Minion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOL'ITION 1110. 90-941 APPROVING RENEWAL OF TAXI DRIVER LICENSES FOR 1991. Motion carried on a .roll call vote, five ayes. RESOLUTION 90-835 APPROVING RENEWAL OF AMUSEMENT LICENSES Item *7-L-1 BF SQL UT I ON 90-7A 6 APPROVING 1991 CIGARETTE LICENSES Item *7-L-2 F(11iQ ION 90=137 APPROVING RENEWAL OF GA30LINE SERVICE STATIONS Item *7-L-3 S4LS7.T Q» ..95? -Q.38 AI`PPOVING RENEWAL OF KENNEL LICENSE Item *7-L-4 RESOLUTYON Q-QHS APPROVING TARGET AND TRAP SHOOTING RANGE LICENSE Item *7-L-5 U-NLUTION -90-110 APPROVING RENEWAL OF TAXICAB LICENSES FOR 19914 Item *7-L-6 R&SQUTIQN. H-841 APPROVING RENEWAL OF TAXI DRIVER LICENSES Item *I -L-6 Regular Council Meetinq December 17, 1990 Page 545 0 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-842 APIPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 30, 1990. Motion carried on a roll call vote, five ayes. Manager Willis presented a report on tax increment financing as it relates to restaurants and other commercial facilities. TY -.c rf-uncil previously indicated an interest in discassing this issue. He noted that the ability of the City to croate new tax increment districts has been severoly constrained by the State Legislature, and recommended that each request should be reviewed individually and weighed on its own merits. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to accept the report and to connider each future rearseat individually. Councilmember Ricker stated that he is not be in favor of using tax increment for restaurants. Councilmember. Zitur stated he holds the same position. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to amend the motion to delete tax increment financing for restaurants. Motion carriers, Helliwell, Ricker, Zitur ayes; Vasiliou and Bergman nays. Councilmember Vasiliou stated she thinks it is important to remain flexible in a changing economy and to consider each request individually. MAIN MOTION as once amended carried on a roll call vote, five ayes. B OLOTION 9 .7-142 APPROVING DISBURSEMENTS FOR PERIOD ENDING 11-30-90 Item *7-M Tax Increment Item 7-N Manager Willis stated the Council previously D.A.R.E. Funding indic rated An interest in discussing f•iture ti -em 7-0 funding participation in the D.A.R.E. Program. He +Mated it may be appropriate to solicit financial support from communities benefiting from the D.A.R.E. Frogram. He has already sent a 0 Regular Council Meeting December 17, 1990 Page 546 Oletter to the Maple Grove City Manager requesting financial suppox. of the program, but has not received a response. Manager Willis stated the coat of the D.A.R.E. Program is about $60 per participant per year, and communities st.ould be award of the level of elipport they are receiving. MOTION was made by Counrilmember Ricker, seconded by Councilmember Zitur, to go on record as encouraging participation by other communities and not expanding the program to other schools or additional students, until cost sharing is addressed. Mot ioik carried, i ive ayes. MOTION was macre by Councilmember Vasiliou, seconded by Councilmember Zitur, to endorse and authorize a professional interest survey of residents of Plymouth over the age of 62 by the Housing and Redevelopm•int Authority to assist in determining c;tore accurately the extent of the demand by Plymouth seniors for a City -sponsored senior housing project. 9 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, anconded Uy Councilmember Zitur, to adopt RESOLUTION NO. 90-843 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR NUISANCE ABATE.WNT AT 13508 SUNSET TRAIL NORTH (PIi: 34-118-22-31-0003) . Motion carried on a roll cal`. vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Couzicilmember Zi-tur, to adopt RESOLUTION NO. 90-844 SETTING HEARING ON PROPOSED ASSESSMENT FCR NUISANCE ABATEMENT AT 13508 SUNSET TRAIL NORTH (PIN 34-110-22-31-0003). Motion carried on a roll call vote, five ayes. MOTION was made, by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-845 ADOPTING A REVISED PERSONNEL POLICY, Motion ca:tied on a roll ,all vote, five ayes. 0 AUTHORIZE SURVEY OF SENIOR ROUSING NEEDS IN PLYMOUTH Item *7-P BZhC!D1 JT;LQK_ 2Q7643 ORDERING PREPARATION OF ASSESSMENT FOR NUISANCE ABATEMENT Item *7-Q R i4i I1T101t 20 4 SETTING HEAR. ON ASSESSMENT FOP NUISANCE ABATEMENT Item *7-Q MOLUMN 90-845 ADOPTING REVTSED PERSONNEL POLICY Item *7-R 0 Regular Council Meeting December 17, 1990 Page 547 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-846 AUTHORIZING THE EXECUTION OF A LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND PLYMOUTH PARK, SEWER AND N:;TFR, STREFT AND EQUIPMENT MAINTENANCE EMPLOYEES PLEPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 14 (AFSCME) FOR 1991-1991. Motion curried on a roll call vote, five ayes MOTAON was made by Councilmember Vasilicu, sec.ondud by Councilmeriber Zitur, to adopt RESOLUTION NO. 90-847 DECLARING COST TO BE ASSESSED AND ORDERING; PREPARATION OF PROPOSED ASSESSMENT FOR 1990 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmemher Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-C48 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1990 NEED ERADICATION AND DESTRUCTION ROLL 2. Motion carried on a roli call vote, five ayes. Manager Willis presented a report and recommendation on a proposal fo; City Council goal-setting/team building sessions. He stated that if the firm of Sumek Associates were chosen to cc%ordinate the sessions, they would be held no sooner than Foxbruary. Mary Dolan, 6110 Berkshire Lane, encouraged the Council to include listening ;kills and dealing with critici•,m in the session. Councilmember Ricker stated he will be happy to participate in the sessions and suggested they begin in March. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitux, to aut.hori7e a contract with Sumek Associates at a cast of betwRen $4,000 and $6,000, plus trRvel and incidental c:. st.s as set forth in their proposal. U..0-OLIM 9Q- 94.5 RATIFICATION OF LABOR AGREEMENT BETWEEN CITY AND AFSCME Item *7-S USOLUTION 90-947 ORDERING PREPARATION OF ASSESSMENT FOR 1990 WEED ERADICATION Item *7-T RFS,-UUTION 90-90 SETTING HEARING ON ASSESSMENTS FOR 1940 WEED ERADICATION Item *7-T City ::ouncii Team- Buildinq Session Item 8--A 41 Rdqular Council Meeting December 17, 1990 Page 548 notion carried, Helliwell, Ricker and Zitur ayes; Vaoiliou nay; Bergman abstained. Manager Willis stated that on December 10 the Council adopted a motion to limit the public works building expansion project to $3 million and open the prowess to other architects. Staff needs further direction on how to proceed. Maxna.gex Willis stated concer 1 about limiting the scope of the projdct too severely, because the project should meet the needs of the City .for at least the next 10 years. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to proceed with the project by interviewing additional architectural firms and selecting oi.e of the firms to prepare the master plan and schematic plan for a project of a cost of approximately $3 million. Mayor Bergman stated he doesn't believe the City has done or should do a projoct where the pioject cost is established before the needs are defined. He stated the City has paid $31.500 in architectural fees to date. To select another architect now would be duplicate cost. Councilmember Ricker stated the cost -•--cull not be wasted if the ultimate projds,t is $3 million, rather than °4.9 million as the current architect, BRW Architects, Inc., now estimates. He stated that he questioned tho input L. the needs assessment throughout the process and has not received adequate answers to his questions. Mayon Bergman stated the -o!ormation for the needs study was provided Lr people that will use the building. Councilmember Ricker stated his greatest objection is the ir•ut that was used on number of new employees and mber of new pieces of equipment over the next ten yeaza. That information should be provided by tk:o Council because of the fiscal impact; not the eLhff. Councilmember Helliwel_ stated she had spOKen with BRW *rchitects who assured her that they can build a $3 mi1.linn building i -hat meets the needs. Public Works Building Expansion Project Item 8-B Regular Council Meeting December 17 1990 Page 549 Councilmomber Rickar questioned why they didn't do this before. M.tion carried on a roll call vote, three ayes; asiliou and Bergman nays. Managez Willis stated the architects fcr the Public Safety Public Safety Building project have requested Building Council decisions with rearect to several matters Item 8-C Licluding floor area anti general site location. The CouneV reviewed the various diagrains for general site location and concurred that the Rebanks Diagram A is the general relationship between the public safety building and city center that the Council desires. Councilmember Ricker stated the future possible expansion of the exist -ng city center building srouid be included now for location planning purposes. The Council diret;ted staff to include the future expansion of the city center building into their plans. Councilmomber Ricker stated he would like to see the city center and public safety building cor.nected by underground and above ground wAlkwaya. The underground walkway would be aecured for staff only. The above ground walkway would be for she public. The Counci.lmembers indicated that they concurred with the other recommendations of Public Safety Director Carlquist outlined in his memo. Assistant Manager Boyles ruviewed the staff namo relating to Conveyance, public sale, or private sale of eight tax -forfeit or City -owned parcels in Plymouth. MOTION was made by Mayor Bergman, seconded by RE. LOTION 90--849 Councilmembei: Vasiliou, to adopt IZSCLUTION NO. TAX 'FORFEIT 90-849 REQfIESTING THE CONVEYANCE OF TAX FORFEIT PROPERTY PROPERTY TO THE CITY OF PLYMOUTH FOR PUBLIC USE. Item 8-D Motion carried on a roll call vete, five l s. r is 0 Regular Council Meeting December 17, 1990 Page 550 MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-850 AUTHORIZING THE PRIVATE SALE OF PARCEL 15- 118-22-23-00fi6 TO A.JJACENT PROPERTY OWNER. Motion carried on a roll call voce, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to adopt RESOLUTYON NO. 851 AUTHORIZING TRE PUBLIC SALE OF TAX FORFEIT PARCELS FOR NONPAYMENT OF REAL ESTATE TAXES. Q=Qx — Si - e -5Q TAX FORFEIT PROPERTY Item 8-D PJ&Qid 1QV 10.- 8.x.1 90- TAX FORFEIT PROPERTY Item 8-D Motion carried on a roll call vote, five ayes. The Council took no action on tax -forfeit parcels 31-118-22-23-0049 and 32--119-22-31-0002. They will be conveyed to the DNR for public use. MOTION was made by Mayor 'Bergman, seconded by Councilmember Vasiliou, to authorize the City Manager to negotiate with the adjacent property owner for the sale of Parcel 30-118-22-34-0016, with the understanding that the addition of this parcel to the homestead of the adjacent property owner does not render the property owner's lot subdividable. Motion carried cn a roll call vote, five ayes. MOTION was made by Mayor Bergman, seccrded by Councilmember Vasiliou, to conduct a public hearing to vacate Parcel 23-118-22-34-0009 as a public pari:. Once the vacation is accomplished, it will be possible to deed the property to the adjacent owners or obtain a deed from them and sell the property on the open market. lvk tion carried on a roll call vote, five ayes. Public worKs Director Moorm stated that the Youtn Extending Services Organization at Wayzata Hign School has asked that the City establish an Adopt a highway Erogram." They are reques inc; that they be assigned Vicksburg Lane between County Rord IS and County Read 6. Di.rector Moore recowmended that this request be referred to the Risk Management Coordinator to address Llie liability issues and to establish rules And guidelines for the City's program. City Owned Parcel. Item 8-D City Owned Parcel Item 8-D Adcpt a Highway Program Request Item 8-E E Regular Council. Meeting December 17, 1990 Page 551 MOTICN was made by Mayor Bergman, seconded by Cuuncilmember Vasiliou, to refer this request to the Risk Management Coordinator with a report back in January. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, t;. adopt RESOLUTION NO. 90-852 AUTHORIZING PAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF THE PUPS PETS UNDER POLICE SECURITY) FACILITY. Motion carried on a roll call vote, five ayes. No Rction was taken on Item 18-G, Customer Service Program Options. Manager Willie presented a draft City Council meeting calendar for 1991. MOTION was made by Councilmember Vasil:.ou, seconded by Mayor Bergman, to approve t:he 1991 City Council calendar and to set Board of Review dates for April 15 and April 30. Motion carried, five ayes. Manager Willis reviewed progress on the City Council Goale for 1990-1991. He recommended the Communications section be continued. The Financial Task Force is making notable progress toward developing a report to the City Council. In the Current Issues areas, the D.A.R.E. Program will be expanded in January, and the C)uncil met with representatives of School Districi:s 284 and 281. He suggested a meeting with reprivaentatives of District 279 in March or April, 1991. The City's Rec;cling Program has been eva1Lated and the Wetlands Task Force is continuing to make progrees. Public Works Diractor Morrie stated that in August thot City Council received a request from four property owners along .Schmidt Lake Road for the City to conatruct h berm to provide ecrisening 0 USOLUTION 9V: --8U AUTHORIZING JOINT POWERS AGREEMENT FOR PUPS FACILITY Item *8--F Customer Service Program Options Item *8-G 1991 City Calendar Item 8-H Council City Council Coals 1990-1991 Item 8-I Landscaping Along Schmidt Lake Road Item 8--J F 0 Regular Council Meeting December 17, 1990 Page 552 between the roadway and their property. In order to construct the berm, it would require encroachment into the wetland. The Cc,ancil directed a landscaping plan be prepared. The cost to do the landscaping is about $13,500. He asked if the Council approved of the proposed landscaping plan and how the costs should be paid. Mayor Pergman stated the landscaping plan is very good. As questioned the type of plantings pzoposed. Director Moore responded that the plantings were chosen because they can do well in the wet conditions and will not be damaged by salt from the roadway. Larry Geyerman, 10400 49th Avenue North, stated trees and shrubs were removed on September 1, 1989, due to the project. He asked why the City did not have to comply with the City's Tree Replacement Policy. Director Moore stated the trees and shrubs removed did not qualify under th•i policy. MOTION was made by Councilmember He113.well, seconded by Councilmember Ricker, t,) direct staff to install the landscaping as planned and for the City to pay the entire cost. MOTION tc, amend was made by Councilmember Zitur, seconded by Mayor Bergman, to direct staff to notify the affected residents of the plan. SUBSTITUTE MAIN MOTION was male by Councilmember Ricker, seconded by Councilmember Helliwell, to get citizens' input and defer action until January 7. Mayor Bergman stated h,• is setting a precedent of the work. Residents in otht r request the same thing. concerned about City paying for this areas of the City will Charles Ekstrum, 10430 29th Avenue North, stated this situation is unique because it is a four - lane road abutting residenti%l properties. Because it is a wetland, the property owners cannot construct a berm or piont trees to gain a buffer. Regular Council Meeting becember 17, 1990 Page 553 Councilmember Heliiw4 11 agreed Hitt+ Mr. Ekstrum's comments. In addition, she rotated that this road will connect to an into -:state. Substitute Motion carried, five ayes. The Council received a report on analysis of the City's Recycling Promotional Program. No action was taken. Manager Willis preaented a pend'ng 1990 City Council response to a question by he stated that directives items passed by motion of requested that the rouneil in the future on items in to invest substantial time preparing, verAus requests status report on directives. In Councilarember Vasiliou. on the list are those the Council. He take action by moticn which they want staff researching and for information. MOTION was rade by Councilmember Vasiliou, seconded by Councilmember Zitur, that tha City's professional contracts be reviewed. Motion carried, five ayes. The Council received a preliminary report on 1991 Appointments to Boards, Commiss+ons, and Agencies. Councilmember Ricker requested that the initial appointment date of each commissioner be included on the next. report. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to direct staff to advertise on cabl.e and through a news releaoe to homeowner associations and newspapers for individuals interested in appointment to boards and commissions. Appointments will not be considered by the Coun;;il until March, and staff is directed to ask r0mm13aiU11eC8 whose terms expire 1-31-91, if they will serve an extended term until March 31. Motion carried, fiv& ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to accept Public Improvement Project Status Reports, Recycling Program Report Item 8-K Status of 1990 Council Directives Item 8--L Directive - Professional Contracts Item 8-M Review 1991 Appointments to Boards and Commissions Item 8-N Pro je :t Status he Reports Item 8-N 0 % 0 Regular Council Meeting December 17, 1990 Page 554 Motion carried, five ayes. Councilmember Helliwell asked the City Attorney Request to provide an opinion on the legality of Opinion collecting political funds at the city center. Mayor Bergman asked the City Attorney to provide Request an opinion on the legality of making numerous Opinion changes in local election date between odd and even -numbered years. Manager Willis stated that County Commissioner Library Jude suggested the Council meet with Commissioner Makowski regarding the Plymouth Community Litrary. Councilmembers atet.ed that they want to continue working with the Library Board. If problems occur, they can then greet with the County Commise:onera. The meeting was adjourned at 12:32 p.m. y Clark for Legal for Legal