HomeMy WebLinkAboutCity Council Minutes 03-18-1991MIXUTES
REGULAR COUNCIL :ZETING
MARCH 18, 1991
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:05 p.m.
in the Council Chambers of the City Center, 3400
Plymouth Blvd., on Mach 18, 1991.
PRESENT: Mayor Bergman, Councilmembers
Helliwell, Ricker, Vasiliou, Zitur
ABSENT: None
STAFF PRESENT% City Manager Willis, Assistant
Manager Boyles, Community Development Director
Tremere, Public Works Directcr Moore, Finance
Director Hahn, Ci,.y Attorney Thomson, and City
Clerk Rauenhorst
4Li-• k
John K. Bouquet, President of the Mimiesota
Chapter of the Community Assoctations Institute
presented the "Chapter of the Year Award" to Bill
Mamel, President of Chelsea Woods Association.
Mr. Bouquet cited the Association'e proactive
approach in selecting a new manager, financial
sounuueas, recycling program participation, and
interaction with the City as reasons for the
award. He also Introduced Tom Barker, Formes
Manager; Ken Plant, Past President; and Tom
Severinghouse, Manager.
Manager Willis introduced David MacGillivray of
springsted, Ina , for presentation of the
Financial Impact Analysie of Proposed
Developmeats Report.
Mr. MacGillivray described the assumptions used
in the ecudy and introduced Rebecca Yanisch. Mew.
Yaniach showed various graphics which
demonstrated the new population and related
housing units thtt would be generated with the
proposed developmen•.:e. she anticipates this area
would account for the majeriLy nf the new
estimated market values in the City foe the next
ten years.
Chelsea Woods
Association -
Chapter of the
Year Award
Item 4-A
Financial Impact
of Proposed
Developments
Report
Springsted Inc.
Item 4-B
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Regular Council Meeting
March 18, 1991
Page 81
14r. MacGillivray described the impact of the
proposed development on School Districts 281 and
284. He stated that I.S.D. 281 currently has
sufficient capacity to handle the additional
enrollment which would be generated by this
development. tie described the I.S.D. 284 capital
and operational coat effects. In summary, the
surplus in operational costs would offset the
necessary capital building costs.
Mr. MacGillivray described the financial impact
of the proposed development on the City. 'ie
stated that calculations were done both with and
without levy limits ii p' --ace. In both cases, the
costs •ould exceed the revenues far the years
1991 through 1993. A surplus woul•1 be realised
for the years 1994 through 2000. In conclusion,
he stated that the extension of the north central
and northwest trunk sanitary sewers will not have
an adverse impact on Plymouth taxpayers.
MOTION was made by Mayo- Bergman, seconded by
Councilmember Helliwell, to adopt RESOLUTION NO.
91-148 ACCEPTANCR OF FISCAL IMPACT ANALYSIS OF
PROPOSED DEVELOLMENTS - SPRINGSTED INC. RE`ORT.
Notion carried on a roll call vote, °ive ayes.
Co-ancilmember Vasiliou stated that she
appreviatea the zeport and commented on the
positive bidding climate.
Manager Willis thanked Springeted, Inc.,
representatives for their work on the report and
the participation of development interests in the
process.
ww*
Item 8-E was removed from the Consent Agenda.
140TION was made by Councilmember Zitur, seconded
by Counoilmember Vasiliou, to idopt the Consent
Agenda.
Notion carried on a roll call vote, five ayes.
crt WITES
RESOLUTION 91-148_
FISCAL IMPACT
ANALYSIS OF
PROPOSED
DEVELOPMENTS -
SPRINGSTED INC.
Item 4-B
Conscnt Agenda
Item 5
Regular Council Meeting
March 18, 1991
Page 82
MOTION was made by Cour.cilmember Zitur, seconded Minutes
by Councilmember Vasiliou, to approve the March Item +6
4, 1991, Council minutes.
Motion carried on a roll call voto, fivA ayes.
Manager Willis aescribed the request ef Carlson
Marketing Group, Iev;. , to apply a
Community Development Grant to assist the co!nparyinrelocatingandconsolidatingitsoperationsin
Plymouth.
Mayor Bergman opened a public hear+.ng at 7:33
p.m. on the application fox a $500,000 Community
Development Grant to assist the Carlson Marketiatg
Group, Inc.
A representative of Faegre and Benson was present
to answer questions.
No one also appeared, end the hearing was closed
at 7:34 p.m.
MOT}ON was made by Councilmem_'^er Rt.cker, seconded
by Councilmember Zitur, to adopt RESOLU'T'ION NO.
91-149 APPROVI`!G SUBMISSION OF APPLICATION TO THEDEPARTMENTOFTRADEANDECONOMICDEVF-LOPMENT FOR
COMMUNITY DUVELOPMENT GRANT.
Motion carried on a roll call vote. five ayes
Mayor B-irgman opened a public hec.r ing at 7:35
p.m. on the psoposed 1991 Street Reiconstruetion
Program, Project No. 102.
Manager Willis explained that the purpose of tho
Program is to preserve the life os the City
strest9. He stated the cost for t:he project, as
indicated in the long-range Reconstruction
Program policy, would be shared 70 percent by the
city, and 30 percent by the benefiting property
owners.
Dan Faulknor, City Engineer, stated this in the
third year of the Reconstruction Program. Tn
1991, four maintenance districts erre psoposed for
Community
Development Grant
Application for
Carlson Marketing
Group Inc.
Item 7-A
gL,I"UTION 91-149
APPROVING
SUBMISSION OF
GRANT APPLICATION
FOR CARLSON
MARKETING GROUP
item 7-A
1991 Street
Reconstruction
Program
Project No. 102
Item 7-B
Regular Council Meeting
March 18, 1991
Page 63
repair or recur_structia z at a total estimated
projoct case o t $3.1 millicn. He described the
work proposed for each ddiatrirA, and stated the
estimate) •unovurt to be assessed is $832 per lot,
plus $20 per, front foot for iota that requlre
installation of storm sever and curb and gutter.
He s•:ated that several public informational
meetings were held with about 14 percent of the
afflicted property owners attending. He pro%ided
the Council with comments made at each
informational meeting.
Dick Moore, the consulting engineer for the
project, described the Pavement Management
Program which was adopted in 1986 and showed a
graph depicting typical road deterioration over
time.
Councilmember Vasiliou asked whetter the equal
cost sharing at an estimated $832 per lot for the
street construction was fair considering that
more costly street reconatruction is required for
some portions of the street and less costly
street rosurfacing for other portions.
Engineer Faulkner stated that project cost
sharing is a Council polity decision. The
current policy provides ft equal cosi. sharing
for the street construction, with storm sewer,
street wid-%ni.ng, and curb and gutter costs only
assessed to the affected property owners.
Councilmember Vasiliou stated the Council should
hear the public input on the project and then
table this item for further Council discussion.
Councilmember Zitur stated his questions whether
some of the streets need to be included in this
year's project. He will support delaying the
deciaion on the project to a future meeting.
Los Weigelt, 10530 40th Avenue North, stated that
he believes the infrastructure replacement fund
ire a good idea and the estimated assessments aro
not excessive. However, he stated that on his
street curb and gutter is not sagging or
breaking, the subgrade is not falling, and the
rideability of the road is fine. There are some
Regular Council Meeting
March 18, 1991
Page 84
spot" wainage problems that could be corrected.
He asked that the Council consider only
addressing the specific drainage improvements
needed.
Al Clausnitzer, 10705 40th Avenue North, stated
he represents residents in the 40th Aveni!a North
area. He walked the area with a private engineer
who estimated that 40th Avenue North will last
another 8 to 10 years without further
improvement. Ximines Lane will last 6 to 8
years. With the exception of the storm sewer
probler At Revere Lanta, he questioned whether
there is a need to do any improvements in this
area.
Mr. Clausnitzer presented a petition asking that
the Council remove the following streets from the
project: 40th Avenue North, 40th Place North,
41st Avenue North, Trenton Lane, Revere Lane,
Saratoga Circle, and Ximines Lane.
Charles Colwell, 123 Union Terrace Lane, stated
he is representing a portion of District 3
including part of Saratoga, Union Terrace, and
Trenton Lanes. He stated they feil the project
has merit and the streets need to be
reconstructed. Their community wants to be
actively involved in further analysis,
particularly storm drainage issues. There is
currently no curb and gutter and there is no
advantage in delaying the project. The residents
request that the width of the street be
maintained or widened to no greater than 261,
that drive -over curb rather than vertical curb be
installed, that destruction of trees be avoided,
that safety/speed limit concerns be addressed,
and that the coat be spread equitably.
Mr. Colwell stated that the watermain currently
ruptures quite frequently in this area. Hither
the watermain should be replaced along with the
street construction, or the problem causing the
ruptttrea should be addressed. He expressed
frustration of the limited notice of the proposed
improvements. He said that three weeks is not
sufficient time for residents to discuss and be
involved in the project.
Regular Council Meeting
March 18, 1991
Page 85
David Thomas, 40 Saratoga Lane, stated that storm
sewer proposed in the project would empty
directly onto his property. He asked that this
be considered during project planning.
John Feller, 9 Union Terrace Lane North, stated
that the focus of the project should be on
correcting drainage problems, not on street
reconstruction. His property currently has a
drainage problem including uneven walls,
settling, and loss of wooded land due to
flooding. He requested further study of the
drainage problems with options offered to
residents to correct the problems. He also
mentioned a problem with headlight glare from
eastbound traffic on Highway 55 and Old County
Road 15 when turning onto Saratoga from Revere
Lane.
Yan Shagalov, 205 Quaker Lane, stated his street
is in good condition with the exception of some
low spots. Je presented a petition from
residents opposed to the project. He stated that
three weeks is insufficient notice of a project
of this magnitude, and suggested that the project
be delayed a few years. He thinks the ditch at
the and of Quaker Lane should be replaced with
storm sewer. He also expressed concern with the
affect future construction could have on the
water table in this area, as well as with the
poor sight distance for Quaker Lane at the
Frontage Road.
Mr. Shagalcv noted that the "dead-end" street
sign near his home is located too far past the
intersection. They have quite a lot of truck
traffic on their street.
Charles Scholtes, 26 Union Terrace Lane, stated
that he was originally proposed to be assessed
05,232 for the proposed public improvements. He
has a curved triangula,. shaped lot, and believes
his property should be assessed as if it were a
corner lot. Mr. Scholtes believes that an
assessed footage of 90 to 110 feet would be fair.
He objected to the amount of interest he will pay
because the assessment is spread over ten years.
He requested that the Council reevaluate his
proposed assessment.
Regular Council Meeting
March 38, 1991
Page 86
Mark Mitchell, 114 Union Terrace Lane, stated he
is in favor o f the project being done and
supports either spreading the cost equally or
establishing a maximum assessment. He stated
that he currently does not have a drainage
problem on his lot, but many property owners in
the area do have a problem and it needs to be
corrected.
Craig Freeman, 56 Nathan Lane, represented the
residents of Nathan Lane. He requested that
Nathan Lane be removed from the project because
the street does not need repair.
Councilmember uitur stated he tends to agree that
some streets could be done this year, and those
in better condition delayed for a future year.
No one else appeared, and Mayor Bergman closed
the public hearing at 8:38 p.m.
MOTION was maade by Councilmember Zitur, seconded
by Councilmember Vasillou, to table consideration
of the 1991 Street Reconstruction Prograr.,
Project Nc. 102 to April 1, 1991.
Councilmember Pelliwell stated the Special
Assessment Committee car address the questions
raised by Mr. Scholtes aZd Mr. Mitchell regaraing
asseeaments.
Mayor Br•.rgman suggested that the a •uncil hold a
study session before the April 1 Council meeting
to fur.t.her discuss the project.
Motion carried, five ayes.
Councilmember Vasiliou suggested that the Council
consider further budget reductions in the Cc ncil.
port:. on of the General Fund. She suggested that
Councilmembe rs rotate attendance at conferences
out,vide of the metro area and consider actual
mileage reimbursement rather than a mileage
allowance.
Counc+.lmerrbor Ricker stated these items were not
discussed in a rrevious study se.,sion. Fe
preferred to retain the items a.3 budgetedt
1991 Budget
cutback
Item 8 -A -1-a
Regular Council Meeting
March 18, 1991
Page 87
however, he Mould consider further cuts in other
areas if the Council desires.
Councilmember Zitur stated that he feels
attendance at these conferences is important and
other neighboring cities are well represented at
them. Counoilmember Helliwell added that in 1990
only one Councilmember attended a national
cor. ference .
Councilmember Vasiliou stated that the City
recently spent $1,000 for a recreation employee
to attend an out-of-state conference relating to
aquatics, and Plymouth does not have a swimming
pool. She stated that discretion by the Council
in expending conference funds would be an example
to staff.
Manager Willis stated that there is no plan to
undertake construction of a pool. The City
currently operates the City beaches, and swimming
programa at Wayzata East, Wayzata West and Lakd
Minnetonka. The employee who attended the
conference is responsible for all of those
programs.
MOTION was made, by Councilmember Vasiliou,
seconded by Mayor Bergman, that the
Couneilmembere be cost conscious when expending
funds budgeted for Council conferences.
Motion carried, five ayes.
Councilmember Vasiliou suggested that
Councilmembers who choorte to accept nileage
reimbursement do so on actual miles rather than a
fixed amount each month.
Councilmember Helliwell stated that she has
compared her gasoline use before and after
becoming a Councilmember. She can jastify the
amount she is receiving for mileage
reimbursement.
MOTION was made by Councilmember Ricker, seconded BZSOLUTION 91-15Q
by Councilmember Helliwell, to adopt RESOLUTION AMENDING 1991
NO. 91-150 AMENDING 1991 OPERATING BUDGETS. OPERATING BUDGETS
Item 8 -A -1-a
Motion carried on s roll call vote, five ayes.
Regular Council Meeting
March 18, 1991
Page 88
MOTION was made by Councilmember Ricker, seconded Plymouth Transit
by Councilmember Vasiliou, to reduce the budget Program Cutbacks
for the Plymouth Transit Program by $16,000, Item 8 -A -1-b
divided equally between marketing and Dial -a -
Ride.
Motion carried on a roll call vote, five ayes.
Manager Willis presented the recommendation from Trail on Schmidt
the Park and Recreation Advisory Commission to Lake Roau
amend the City's Comprehensi-ie Trail Plan by Item 8-A-3
adding a Class I trail along Schmidt Lake Road
between Highway 169 and County Road 101 and
removing the trail along the Soo Line Railroad
except as already constructer?.
In response to a question by Councilmemk er
Hwlliwell, Manager Willis stated that the
location of the trail will depend on wnere the
City has easements and the exact wetland
locations. No wetland filling would be done in
order to construct the trail.
Councilmember Helliwell stated concern that if
the trail is on the south side of Schmidt Lake
Road it may necessitate removal of the
landscaping which the Council recently
authorized.
Public Works Director Moore stated that the
boulevard area is wider on the north side of the
roadway and he anticipates the trail will be
Constructed on the north side east of I-494.
MOTION was made by Councilmember Vasiliou, RFi kuxOR.9-1 1591
seconded by Mayor Bergman, to adcpt RESOLUTION AMENDING TRAIL
N0. 91-1:%OA AMENDING COMPREHENSIVE TRAIL PLAN. PALANGTSCADD TRAIL
LAKE
Motion carried on a roll call vote, five ayes. ROADItem 8_A_2
Manage=- Willis requested that the Council Appointments to
determine a process for appointment of Board and Boards and
commissions
Commission members. item 8--A-3
Mayor Bergman stated that there is only one
current vacancy on the City's commissions. All
other commissioners have indicated an interest in
reappointment.
Regular Cc _.cil Meeting
March 18, 1991
Page 89
Councilmember Ricker stated he would like the
Council to hold a study session to
philosophically discuss whether a maximum length
of service should be established for board and
commission members and whether the existing
representative districts are appropriate. He
stated Co+.ncilmembers could also review the
applications and Submit a liaL of those
individuals their wish to interview.
MOTION was made by Councilmt..nber Ricker, seconded
by Councilmember Hel.Liwell, to eirect staff to
schedule a study session for dJacussion of Board
and Commission appointments to include: maximum
length of service and the process desired.
Motion carried, five ayes.
Public Work3 Director Moore presented a report on
the status of Water Management Plana for
Plymouth. He stated that in 1990 the legislature
made major changes to the plan requirements. The
changes require the Board of Water anu Soil
Resources to adopt rules and regulations for the
second generation of watershed plans which must
be prepared in 1991. He proposed that if the new
State rules are known, they will be incorporated
in the preparation of our first generat.on plan
in order that it would only require minor
amendments in 1995. It Will probably coat from
120,000 to $150,000 to prepare the City,a plan
with funds from our existing storm sewer
districts.
Manager Willis introduced Bill Thibault, the
consultant selevted to administer the senior
citizen housing market survey.
Councilmember Vasiliou stated that a member of
the Financial Task Force was concerned because
the survey presumes there will be senior housing.
She asked why the first question is not simply
Should we have senior housing?"
14r. Thibault responded that the survey questions
relating to level of interest in moving into
senior housing will determine whether a
sufficient market exists and whether public
supported senior housing should be pursued. The
Report on
Watershed
Management
Item 8-A-4
Plans
Senior Citizen
Housing Market
Survey
Item 8-A-5
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Regular Council Meeting
March 18, 1991
Page 90
questions were developed in light of current City
Council and Housing and Redevelopment Authority
direction.
Director Tremere added that the questions include
the language "if apnior housing were
constructed." He stated that the Housing and
Redevelopment Authority and City Council are on
record as supporting senior housing on this site.
It has already been determined that this use is
appropriate for this site if the financing and
other fac•ors can be accomplished. The issue is
whether the City should underwrite costs relcted
to development of the site.
Councilmember Ricker sated that th.s surrey is
an update of a previou;e market survey done on
this issue.
In response to Councilmember questions, Mr.
Thibault stated that about 1,500 surveys will be
mailed to home owners and renters. The ages will
rrnge from under 62 to over 90, identical
catogories to the previous survey which was done.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to approve the market
survey questionnaire for serior housing as
presented by Mr. Thibault.
dotion carried, five ayes.
MOTION was made by Councilmember. Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
N0. 91-151 APPROVING FINAL PLAT AND DEVELOPMENT
CONTRACT FOR VERN REYNOLDS CONSTRUCTION INC. FOR
BASS LAKE TERRACE" (90050).
Motion carried on a roll call vote, cive ayes.
MOTION was made by Councilmemiar Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 91-152 SETTING CONDITIONS TO BE MMT PRIOR TO
FILING OF AND RELATED TO FINAL FYAT FOR VERN
REYNOLDS CONSTRUCTION INC. FOR "BASS LAKE
TERRACE" (90050).
Motion carried on a roll call vote, fi,e ryes.
BOOLUTION 91-151
APPROVING FINAL
PLAT FOR BASS LAKE
TERRACE (90050)
Item "8-B
17152
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING (90050)
Item *8-B
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Regular Council Meeting
March 16, 1991
P age 91
MOTION was made by Councilmember Zitur, seconded PJMQLU=N 91 =153.
by Councilmember Vasiliou, to adopt RESOLUTION ADOPTING
NO. 91-153 ADOPTING ASSESSMENTS, PROJECT NO. 107, ASSESSMENTS
SANITARY SEWER AM WATERMAIN AREA - BASS LAKE PROJECT NO. 107
TERRACE ADDITION. Item *8-B
Motion carried on a roll call vote, five ayes+.
tInTION was made by Councilmember Zitur, seconded Pza=UW $1-.152
by Covaicilmeaber. Vasiliou, to adopt RESOLUTION CHANGE ORDER 31
NO. 91-194 ;XPROVING CHANGE ORDER NO. 3, GLACIER GLACIER MEADOWS
MEADOWS 2ND ADDITION SCATTERED SITE HOUSE. 2ND ADDITION
SCATTERED SITE
Motion carried on a roll call vote; five ayes. HOUSE
Item *8-C
MOTION was mads by Councilmember Zitur, seconded B&JiLUTIQN 21-155
by Councilmember Vasiliou, to adopt RESOLUTION NUISANCIs ABATEMENT
N0. 91 155 AUTHORIZING ABATEMENT OF VIOLATION OF AT 3830 UNION
CITY CODE SECTION 2010.01 AT 3830 UNION TERRACE TERRACE LANE NORTH
LANE NORTH. Item 8-D-1
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded FZSQLUTIQN 91-15
by Councilmember Vasiliou, to adopt RESOLUTION NUISANCE ABATEMENT
NO. 91-156 AUTHORIZING ABATEMENT OF VIOLATION OF AT 11605 28TH AVE.
CITY CODE SECTION 2010.01 AT 11605 28TH AVENUE Item 8-D•-2
NORTH.
Motion carried on a roll call vote, five ayes.
Jerry Theis, representing Dundee Nursery,
requested that the Council reconsider previous
Zoning Ordinance Text Amendments which would
require that a Conditional Use Permit be obtained
to cover most outdoor storage and display
activities undertaken by greenhouses and
nurseries in urban districts. He expressed
concern with Zoning Ordinance standards that
could require screening of outside storage and
display activities of greenhouses and nurseries
from adjacent properties.
Mr. Theis reviewed a letter to the Council and
stated that most of his concerns relate to
requirements that a future Council could make as
a condition for expansion or modification of his
business, specifically related to screening. He
Z -suing Standards
for Greenhouses ti
Nurseries
Item 8-E
Regular Council Meeting
March 13, 1991
Page 92
requested that the Council either exempt
greenhouses and nurseries from the ordinance
previously adopted, or direct the staff to accept
a conditicnal use permit application so the
outside storage and sc•-eening issues ctn be
resolved now rathwr than in the future when the
property becomes part of the Urban Service Area.
Hs does not concur with the finding of the
Planning Commission that the Zoning Ordinance
standards should be retained as adopted.
Director Tremere stated that while it is not
possible for the City Council to ensure the
interpretations or actions of a future Council,
the staff could develop definitions of
nurseri,sa" and "greenhouses" for inclusion with
the Zoning Ordinance so as to clarify the
ordinance intent.
Mayor Bergman asked whether screening conditions
were required for Frank's Nuxsery at Rockford
Road Plaza.
Director Tremere stated thr.t screening was
accomplished through improvements including
landscaping, as well as mome of the stock per
plans apprmved by the Council. He noted that
Frank's Nuxaery is proposed in an urban 8-2
dietrict where nurseries regsaire a conditional
use permit. Dundee's will be in a dAfferent
zoning district where nurseries are a permitted
use when municipal services become available.
However, expansion of outside activities would
require a conditional use permit. A conditional
use permit io not provided by the ordinsnee, now,
in the district that includes Dundee.
MOTION was made by Councilmember Zitur, recorded
by Councilmomher Vasiliou, to direct staff to
develop definitions of nurseries and greenhouses
for adop}ion in the Zoning Ordinance and to keep
Mr. Theis informed of discussions and hearinca by
the Planning Cummiesion and Council.
Motion carried, five ayes.
Community Development Director Tren ere presented
lighting
Report on Exterior
Lighting Standardsareportontheapplicationofexterior
Ltundards to public and private lighting. He itbm a -F
6
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Regular Council Meeting
March 18, 1991
Page 93
stated that lighting can be measured, but the
Council should decide whether s_t desires Specific
standards. If ao, the following should be
addressed: 1) "Acceptable lighting levela", 2)
related commitment to the resources for proper
administration and enforcement, and 3) whether
standards can and should be the same for
private/public facilities.
Councilmember Ricker stated he would like to
review information establishing a single standard
for exterior lighting for private and public
facilities. The Council could then consider
exceptions a case-by-case basis where like
circumstances were not found or where unique
needs were present.
The Council directed staff to continue
researching the issue and, in conjunction with
the City Attorney,- develop standards relating to
exterior lighting for Council consideration by
September, 1991.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt ordinance No.
91-10 REiATING TO LICENSES AND PERMIT; FROCEDURFS
AND FEES ANE;NDING SECTION 1015.25 OF THE PLYMOUTH
CITY CODE.
Motion carried on a loll call votes five ayes.
MOTION was made by Counci lido nber Zitur, seconded
by Councilmember Vaailiou, to adopt RE30LUTION
NO. 91-157 ORDERING PUBLIC HEARING Or THE
PROPO:.ED VACATION OF DRAINAGE AND UTILITY
EASEMENTS, LOT 1, BLOCK 1, TIPT'ON BULL=ING
ADDITION.
Motion carried on a roll call vote, five ayeR,
MOTION i.as made by Counc:ilm5mbpr Zitur, seconded
by Counoilmember Vasiliou, to adopt RESOLUTION
NO. 51-158 DKCLARING PROFFRTY SURPLUS AND
AUTHORIZING SALE - WEST FDIC 'VE LART DRIVE.
Motion carried on a roll call vote, fl.va ayoB.
ORDINMO 91-10
AMENDING FEES FOR
AUTOVATIC FIRE
EXTINGUISHING
SYSTEM PERMITS
Item *8-G
gESgLUTION 91-157
SETTING HEARING ON
VACATION IN TIPTON
BUILDING ADDITION
Item *8-11
RESOLUTION 9;_158
AUTHOr.IZ_11•7 SALE
OF SURPLUS
PROPERTY
Item *8-1
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Regular Council Meeting
March 18, 1991
Page 94
MOTION was made by Councilmember Zitur, seconded
RESOLUTION
npSO•UTTOy 31-159
UCING
by Councilmember Vasilior., to adopt
91-159 REDUCING DEVELOPMENT BOND, £ASS LAKE DEVELOPMENT BOND,
N0.
HEIGHTS 4TH A'DITION (85126). BASS LAME HEIGHTS
4TH ADDN. (85126)
Motion carried on a roll cal]. vote, five ayes. Item *8-J-1
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
RESOLUTION 91-160
REDUCING
by Councilmember Vasiliou, DEVELOPMENT Burro, DEVELOPMENT
NO. 91-160 F'•EDUCING DEVELOPMENT BOND, 4TH
STEADDITIONSTEEPLECHASE4THADDITION (87020).
87020)
Motion carried on a roll call vote, fives ayes. Item *e -J-2
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
RK391 L ON 91-161
REDUCING
by Councilmember Vasiliou, 91-161 REDUCING DEVELOPMENT BOND, FOX RUN 2ND DEVELOP 2NDN0. Fox ADDN.
ADDITION (85066). 85U66)
Motion carried on a roll call vote, five ayes. Item *8-J-3
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
RESOLSL I'ION 91-162
APPROVING
by Councilmember Vasiliou, 91-162 APPROVING APPRAISALS FOR EMINENT AP?RAISALS FOR
NO.
DOMAIN PROCEEDINGS, CITY PROJECT NO. 014 AND 906• EMINENT
ENT 014
0 N
6906
Motion carried on a roles call vote, five ayes. Item *8-K
MOTION was made by Councilmember. Zicur, seconded
to adopt RESOLUTION
jOLUT ON .2i_w
APPROVING PLANS
by Councilmember Vasiliou, 91-163 APPROVING FLANS AND SPECIFICATIONS AND AND SPECS AND
NO.
ORDERING; ADVSRTISEbMNT FOR BIDS, NORTH CENTRAL ORDERING BIDS FOR
ROJEC8 NO. 015
TRUNK SANITARY SEWER - PHASE I, CITY PROJECT
Ite015.
Motion carried on a roll call vote, five ayos-
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
AESo xjTION 91-164
ORDERING
by Councilmember Vasiliou, 91-164 DECLARING COST TO BE ASSESSED AND PREPARATION OF
NO.
ORDERING PREPARATION OF PROPOSED ASSESSMENT, 1990 NoPROJECT 001
STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. item** M
001.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
March 16, 1991
Page 95
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
BZSOLUTION,91--IJU
SETTING I.SSKSSMENT
by Councilmember Vasiliou, 91-165 HEARING ON PROPOSED ASSESSMENT, 1990 HEARING ON PROJECT
NO.
STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. NO.0Item08-
M
001.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
RESOLD 19R-21-1¢,5%
TED L.
by Councilmember Vasiliou,
N0. 91-166 RECEIVING UPDATED PRELIMINARY
ANDENG.REPORTENGORDE. ENGINEERING REPORT AND ORDERING PLANS AND
PLANS
PZOJECT NO. 106
SPECIFICATIONS, NORTHWEST BOULEVARD (FUTURE
TO 54TH AVENUE Item *8-N
COUNTY ROAD 61) 56TH AVENUE NORTH
NORTH, CITY PROJECT NO. 106.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
to adopt RESOLUTION
pZSOLUTION 91-167
INSTALLATION OF NO
by Councilmember Vasiliou, 91-167 AUTEORIZING THE INSTALLATION OF "NO PARKING SIGNS ON
NO.
rARKING" SIGNS 04 MEUINA ROAD BFTWEEN BROCKTON MEEDDIINA ROAD
BROCKTON
LANE AND COUNTY ROAD 24. AND C.R. 24
Motion carried on a roll call vote, five ayes. Item *8-0-1
MOTION was made by Councilmember Zitur, seconded BMUMX-QR 91'ifa
by Councilmember Vasiliou, to adopt RESOLUTION
PARKIALLATION
OF
NGNG SIGNS ON
NO. 91-168 APPROVING THE PLACEMENT OF "NO
PARKING" SIGNS ON BOTH SIDES OF SHENANDVAH LANE SHENANDOAH LANE
FROM C.S.A.H. 6 SOUTH TO THE LUCE LINE TRAIL. FROM
LINETRA6
TO
LUCEMotioncarriedonarollcallvote, five ayes. Item *8-0-2
MOTION was made by Councilmember Zitur, seconded AESOLUTIOtL_l 2
bV Councilmember Vasiliou, to adopt RESOLUTION DISBURSEMENTS FOR
N0. 91-169 APPROVING DISBURSEMENTS FOR THE PERIOD PERIIOD ENDING
ENDI:7G FEBRUARY 28, 1991. 2-28-91
Item *8-P
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded RMLUT; N_227-17-0
by Councilmember
adopt
AULER
LICENG
EAGES
Item *8-G
LICENSES.
motion carried on a roll call vote, five ayes.
Regular Council Meeting
March 18, 1991
Page 96
MOTION was made by Councilmember Zitur, seconded R1SOL•UTION 91•-171
by Councilmember Vasiliou, to adopt RESOLUTION APPROVAL OF TAXI
NO. 91-171 APPROVAL OF TAXI DRIVER LICENSES. DRIVER LICENSES
Item "8-R
Motion carried on a roll call vote, five ayes.
Director Moore stated that three bids were
received for repairing and painting the Zachary
Lane Water Tower. This is a very complicated
project because of the size of the tower; its
proximity to a church, school, playfield and
residential housing areas; and the limited time
in which to complete the project.
He stated that due to these factors, the contract
specifications include a requirement that each
bidder submit evidence of satisfactory
performance on a minimum of four equivalent
projects. The references were to consist o` jobs
in which the bidder had performed complete
interior and exterior coatings work on elevated
water tower projects with a minimum one million
gallon capacity.
The apparent low bidder, JMG Contracting, Inc.,
did not meet this contract specification because
no references were submitted for water towers of
one million gallon capacity or larger.
Attorney Thomson presented his opinion that JMG
Contracting, Inc., was nonresponsive to the
contract specifications. He recommended that the
Council has the option of either awarding the
contract to the second low bidder or rejecting
all bids.
Councilmember Ricker asked if this requirement in
the specifications could eliminate competitive
bidding. Attorney Thomson stated that he
believes the specifications are reasonable and do
not eliminate competitive bidding. Two other
bids were received.
A representative of JMG Contracting, Inc.,
requested that the Council waive the
specification relating to references and award
the bid to their firm. He noted other projects
which the firm was awarded where a similar
specification was waived.
Bids fo: Zachary
Lane Water Tower
Item 8-S
Regular Council Meeting
March 18, 1991
Page 97
Councilmember Vasiliou stated that the second low
bid L3 $84,000 over the low bid. It is difficult
to reject the low bid with this amount of
savings.
Director Moore reiterated that this is a very
diff1 cult project. Once the project is started,
the water tower will be out of service until
completion. He does not believe the
specifications are too restrictive. This is a
two million gallon water tower; only one million
gallon towers were required for previous
experience.
Councilmember Ricker stated that he believes
performance bonds and penalty clauses can address
the concerns raised by staff.
Councilmenbor Zitur stated tk, City's water is a
very serious matter, particularly in this
situation where the tower is so near a
residential area. The project needs to be
completed quickly and correctly.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to reject all bids
and to rebil the project with the elimination of
the one million gallon experience specification.
Manager Willis recommended that the Council not
lower the specifications. The City could face
serious consequences if for any reason there was
a problem completing the project. He stated that
the Council may wish to consider paying more,
through award to the higher responsive bidder, to
ensure an experienced contractor. He suggested
the Council weigh the potential savings against
the risk of problems that could be associated
with award to a less experienced contractor.
Mayor Bergman agreed that this tower is too large
a part of the City's water system to lower the
specifications. Councilmember Zitur concurred
that the specifications should remain as written.
blot ion failed on a roll call vote: Helliwell and
Ricker ayes; Zitur, Vasiliou and Bergman nays.
0
Regular Council Mbeting
March 18, 1991
Page 98
Councilmember Vasiliou stated that due to the
proximity of the tower to the residential
neighborhood and the contairment required during
the project, she will support i.ward of the bid ^;:o
the second lowest bidder, Odla.nd Protective
Coatings, Inc.
MOTION was made by Councilmember Zitur, set-onded
by Councilmember Ricker, to adopt RESOLUTION NO.
91-172 AWARDING BID vOR REPAIRING AND PAINTING
ZAC',iARY LANE WATER TOWER.
Motion carried on a roil call vote, five ayts.
Bob Pemberton, Risk Management Coordinator,
pr;sented the Annual Risk Management Report.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to accept the report.
Motion carried, five ayes.
RESOLUTION -2"- 72.
AWARDING BID FOR
REPAIRING AND
PAINTING ZACHARY
LANE WATER TOWER
Item 8-S
Annual Risk
Management P:port
Item 6-T-1
MOTION was made by Councilmember Ricker, seconded RES LOTION 91-173
by Councilmember Zitur, to adopt RESOLUTION NO. AWARDING CONTRACT
91-173 AWARDING THE CONTRACT FOR INSURANCE FOR FOR INSURANCE
THE 1991/1992 INSURANCE PROGRAM. Item 8-T-2
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by &WOLU ION 91-174
Councilmember Hs.liwell, to adopt RESOLUTION NO. AWARDING BID -
91-174 AWARDING BID NORTHWEST TRUNK SEWER - PHA.SE NORTHWEST TRUNK
II, CITY PROJECT NO. 014. SEWER PHASE II,
PROJECT NO. 014
Motion carried on a roll call vote, five ayes. Item 8-U-1
MOTION was made by Counvilmember Zitur, seconded RESOLUTION 91-175
by Councilmember Vasiliou, to adopt RESOLUTInN AWARDING BID FOR
NO. 91-175 AWARDING BID FOR THE 1991 DISEASED 1991 DISEASED TRES
TREE & STUMP REMOVAL. AND STUD REMOVAL
Item *8-•U-2
Motion cti:ried on a roll call vote, five ayes.
MOT70N was made bt Councilmember Zitur, seconded RESOLUTTOR 91-176
by Councilmember lasiliou, to adopt RESOLUTION AWARDING BID FOR
N0. 91-176 AWARDI4G BID FOR 1991 REFORESTATION 1991 REFORESTATION
PROPOSAL. Item *8-U-3
Motion carried on a roll call vote, five ales.
0 40
Regular Council Meeting
March 18, 1991
Fage 99
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to refer the Special
Assessment committee report on the 1990 Street
Reconstruction Program to a Council study
session.
Motion carried, five ayes.
Director Moore p_.sented the report of the
Special Assessment Committee on the request of
residents adjacent to the Larch Heights Lagoon to
undertake a dredging project to deepen the Water
depth. He stated that a representative of the
property owners and he have met with a DNRrepresentativetoreviewthelimitationsof any
dredging project.
The DNR rules which would apply to any dredging
are as follows% 1) A permit must be obtained from
the DNR; 2) All dredged materia] must be placed
above the ordinary high water mark; 3) Only a
limited amount of dredging can be undertaken and
it raust be for navigational purposes for the
adjacent properties; 4) Only a 15 foot wide
channel can be dredged; and 5) The maximum depth
of the channel that can be dredged in four foet
below the ordinary water level.
This lagoon was established before DNR
regulations. eased on the current regulations,
it is very unlikely that any permit can be
obtained for dredging except for the necessary
maintenance work at the and of the storm sewer
outlet. There is adequate water depth for
navigational rights of the property owners to
Bass Lake.
The Special Assessment Committee recommends that
the City undertake the necessary work tostabilizetheerodingbanksattheoutlet of the
storm sewer and remove the erodod material in
this area. it is further recommended that any
dredging outside of the storm sewer maintenance
area is the responsibility of the adjacent
property owners.
Pat Papenfuss, 12020 53rd Avenue North, stated
that the homeown"ra requested this dredging on
Special Assessment
Committee Report
on 1990 Street
Reconstruction
Program
item 9-A-1
Dredging Request
Larch Heights
Lagoon
Item 9-A-2
Regular Council Meeting
March 180 1991
Page 100
April 2, 1990, and have not been included in the
process since that time. She stated that the
only involvement she has had was at the meeting
with Director Moore and the DNR. Ms. Papenfuss
stated that the homeowners have not seen the DNR
report, cited by Director Moore, which confirmed
that the depth of the lagoon is from four to five
feet except for the first 100 feet. She stated
that the work the homeowners are requesting does
not require a DNR permit.
Director Moore stated that a DNR permit is
required even for the maintenance dredging.
Councilmembers Zitur and Helliwell explained the
recommendation of the Special Assessment
Committee is that the City would remove the silt
for the first 100 feet. The Committee was
advised it would take extensive DNR permitting to
dredge the entire channel. The homeowners could
attempt to pursue that cption through the DNR on
their own if they wish.
Ms. Papenfuss stated that when they moved into
their home the lagoon was 8 to 10 feet deep; now
it is 4 to 5 feet dbep. She suggested that
additional testa be conducted to de%.ermine how
much material should be removed to return the
channel to its original depth. She stated that
some of the responsibility may be with the
contractor in the area who diverted the creek.
Director Moore stated that it is very unlikely
thrt the DNR will grant a permit to dredge the
entire lagoon to an 8 foot depth. That is not
permitted by current DNR rules.
Jack J. Grams, 5320 Larch Lane North, stated that
silt has filled the channel due to a lack of
proper constrsct'.on supervision in the area. He
stated the lagoon has become stagnant and
shallow. This affects the adjacent properties.
Mr. Grams felt that the City has the major
responsibility for correcting this problem.
MOTION was made by Councilmember. Zitur, seconded
by Councilmember Ricker, to direct staff to
actively enforce the City's erosion control
ordinance throughout the City.
Regular Council Meeting
March 18, 1991
Page 101
Motion carried, five ayes.
The Council also directed that: the erosion
control ordinance be publicized in the Plymouth
News.
MOTION was made by Counc:Umember Ricker, seconded
by Councilmember Vasiliou, to refer the request
for dredging of Larch Heights lagoon back to the
Special Assessment Committee, with the property
owners to be included in the meeting.
Motion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded Special Assessment
by Mayor Bergman, to refer the report of the Committee Report
Special Assessment Committee on Private Streets on Private Streets
to a Council study session. Item 9-A-3
Motion carried, five ayda.
Manager Willis stated that a meeting was held
between Mr. Cavanaugh, a representative of the
Library Board, and the City s-taff to further
discuss the acquisition of a site for the
proposed Plymouth library, as directed by the
City Council. He stated that Mr. Cavanaugh
indicated his desire that the library b& placed
on a portion of the site which is not acceptable
in size or location to the Library Board.
Manager Willis recommended that if the Council
desires to proceed with the acquisitlon of this
parcel for a library site, condemnation action be
initiated in order to avoid an u us delay.
Mayor Bergman suggested that dao to the potential
coat of the Cavanaugh site, the City Council
return to the Libra•.y Board and suggest an
alternate site.
Councilmember Zitur stated it is his fear that if
the City does not immediately move toward site
acquisition, the momentum and opportunity for a
library may be lost.
Councilmember Ricker asked if the Council can
discontinue the acquisition process at any time?
Attorney Thomson responded yes.
Ccmmunity Library
Site
Item 9-B
Regular Council Meeting
March 18, 1991
rage 102
MOTION was made cy Councilmember Helliwell,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-177 AUTHORIZING CONDE1,4NATION
PROCEEDINGS FOR THE ACQUISITION OF A CO1*gUNITY
LIBRARY SITE, CITY PROJECT 103.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwel2,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-178 SELECTING A LAND
ACQUISI:'ION SPECIALIST FOR THE SELECTION OF '.'HE
PROPOSED COA=1ITY LIBRARY SITE ON PARCEL 2:-188-
22-22-0009, selecting the firm of Wilson
Development Serv!.ces as recommended by staff.
Motion carried on a roll call vote, fife ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to deny tbr, request of
I.S.D. 281 Robbinsdale for support of special
legislation to authorize a special levy to
implement and fund the school liaison officer
program.
Mayor Bergman and Councilmember Helliwell stated
that this program is the responsibility of the
school and those parents who have children in the
school, and should not be a special property tax
levy.
Councilmembers stated they are opposed to the
proposed method of levy funding for a school
liaison officer program, not the program itself.
Motion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to direct staff to
communicate the Council's motion to I.S.D. 281,
to state legislators repreaentinq Plymouth, and
to Senator Ember Reichgott and Representative Ann
Rest.
Motion carried, five ayes.
ROQUATION 91-177
AUTHORIZING
CON9EMNATION FOR
AC'1UISITION OF A
CJMMUNITY LIBRARY
SITE
Item 9-B
1ZES4I uTIS2H: l-1Z.
SCLECTION OF LAND
ACQUISITION
SPECIALIST FOR
COMMUNITY LIBRARY
SITE
Item S• -B
Deny Request for
Support of Special
Legislation to
Authorize Levy for
I.S.D. 281 Schoal
Liaison Officer
Program
Item 9--C
0 0
Regular Council Meeting
March 19, 1991
Page 103
Manager Willis presented a report on the status
of the Plymouth Charter Commission. He
recommended that the Council reactivate the
Charter Commission and that 1) Previous members
appointed to the Charter Commission be given an
opportunity to determine their willingness to
continue if they remain eligible for
reappointment, and 2) Interes,:ed Plymouth
citizens be given the opportunity to submit
applications to the City Council indicating their
interest in being considered for appointment to
the Charter Commission.
He stated the City Attorney could be directed to
advise the District Court of the City Council's
intent so that the Court is prepared to receive
applications and recommendations from the City
Council on Commission appointments.
MOTION was made by Couccilmember Ricker, seconded
by Councilmember Vasiliou, to reactivate the
Plymouth Charter Commission, to direct the City
Attorney to notify the District Court of this
intent, and to direct staff to advertise for
interested applicants.
Motion carried, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to direct staff
to notify the Wayzata. -Plymouth League of Women
Voters that Plymouth City Councilmembers will be
r 3ble to participate or attend the League's
upcoming forum on forma of government due to the
League of Plymouth Voters vs. City of Plymouth
litigation.
Motion carried, five ayes.
The Council received a report on the procedures
used by the Public Safety Department concerning
motor vehicle lockout assistance.
MOTION was made by Councilmember Vaailiou,
seconded by Councilmember Helliwell, to allow the
Public Safety staff to continue assisting with
motor vehicle lockouts, as recommended by the
Public Safety Director.
Motion carried, five ayes.
Reactivate
Plymouth Charter
Commission
Item 9-D
League of Women
Voters Forum on
Forms of
Government
Public Safet; -
Motor Vehicle
Lockout Assistanne
Item 9-E
Regular Council MeetingMachle, ?991
Page 104
MOTION wam made by COuncilmember Ricker, secondedbyCouncilmemberVasiliou,
proposal to establish a
citto
endorf.e the draft
y -Nide P]ymouthInquiryTrackingSystemforuseon :.h.
uth
Unisys computer network.
Motion carried, five ayes.
MOTION was made byCouncil.eember Zizur, secondedbyCouncilmemberRicker, to accept she ProjectStatusReport.
Motion carried, five ayes.
Manager Willie presented a brief update onPendinglegislatiota, including thF- tax bill andnonetloss" wotlands bill.
The meeting was adjourned dt ll:r10 p.m.
y• ` ms's
y C erk
Establish ?lymouth
Inquiry Tracking
System
Ite:n 9-F
Project Status
Report
Item 9-G
Legislative Update
Item 9-H