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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 0 0 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 0 0I 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 0 0 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 0 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 6 0 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