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HomeMy WebLinkAboutCity Council Minutes 04-01-1991MINUTES REGULAR COUNCIL MEETING APRIL 1, 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 April 1, 1991. PRESEPT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasi lion, Zitur ABSENT: None STAFF PREERNT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Park Director Blank, Vublic Safety Director Cail.quist, City Attorney Thomson, and City Clerk Rauenhorst Mayor Bergman presented a $10400 check to David and Jean Barwig fL-% the "That's Not Trash; :.t'a Cash" Rocycting Contest. Manager Wil:.ie introduced Jeff Ortell, BRW Inc., the proj*ct architect for the public works facility expansion. Mr. Ortell presented the Design Development Report for the project. He stated there are only minor differences in the type of apace from the final building area proposed to they projected needs reviewed and approved by the Council in t1anuary. The overall total building area is the same. He a4.ated that flexibility for use of the buildirg space was considered in building design, as well as future expansion needs. MOTION was male 1-y Conrviilmember Vealliou, seconded bl Ct,un, 1 menw-er Ricker, to adopt. RESOLUTION NO. 11 1 I'MLIC WORKS EXPANSION PROJECT, CITY PR•nJR, - NL . 009. M tion carried on a r.. 1 mall vote, Rive uyea. 4011JA4T 1LONVA Recycling Contest Item 4-A eublic Works Facility Expansion - Design Development Report Item 4-B BMQ IQN. 2.1--.17.9 PUBLIC WORKS EXPANSION PROJECT - PROJECT NO. 009 Item 4-B 41 0 P.egular Council Meeting April 1, 1991 Page 106 Councilmember Helliwell asked that her vote be Consent Agenda reflected as "nay" on Item *8-J-1. Item 5 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to approve the Consent Agenda, with Councilmember Helliwell's vote as noted above. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, Minutes seconded by Councilmember Helliwell, to approve Item *6 the March 18, 1991, minutes. Motion carried on a roll call vote, five ayes. Manager Willis stated that this hearing is held Assessment to hear public input regarding the proposed Hearing - Schmidt Schmidt Gardens water area assessments. He Gardens Area Water stated that notice of the hearing was published Project No. 034 in the official newspaper and mailed to each Item 7-A property owner in the improvement area. Public Works Director Moore described the Schmidt Gardens Area Water improvements and the proposed asseasments. The amount proposed to be assessed is $790 per dwelling unit for a total cost to be assessed of $22,120. The term of the assessment is proposed for 5 years at 8 percent interest. Mayor Bergman opened the public hearing at 7:24 Pomp No one appeared, and the hearing was closed at 7s24 p.m. MOTION was made by Councilmember Vasiliou, BESOLU'TION_91-180 seconded by Councilmember Ricker, to adopt ADOPTING RESOLUTION NO. ql•-180 ADOPTING ASSESSMENTS, ASSESSMENTS - PROJECT NO. 034, AREA WATERMAIN - SCHMIDT SCHMIDT GARDENS GARDENS. AREA NATERMAIN Item 7-A Motion carried on a roll call vote, five ayes. Mayon Bergman opened a public hearing at 7:25 p.m. on vacation of drainage and utility e 0 Regular Council Meeting April 1, 1991 Page 10 7 easements, Lots 1-6, Block 2, and Lots 1-4, 3, Plymouth Office Commercial Park. No one appeared, and the hearing was closed at 7:25 Block p.m. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 91-181 AUTHORIZING THE v74CATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN BLOCK 2, LOTS THROUGH 6, BLOCK 31 LOTS 1 THROUGH 4, PLYMOUTH OFFICE COMMERCIAL PARK. Motion carried on a roll call vote, five ayes. gROJ UTIO 91-181 VACATING EASEMENTS 1 IN PLYMOUTH OFFICE COMMERCIAL PARC Item 7-B-1 Mayor Bergman opened a public hearing at 7:26 p.m. on vacation of a etreet and utility easement Vicksburg Lane) in proposed Guddal Addition. No one +appeared, and the hearing was closed at 7:26 p.m. MOTION was made by Councilmember Helliwell, RESOLUTION 91-182 seconded by Councilmember Zitur, to adopt VACATING EASEMENT RESOLUTION NO. 91-182 AUTHORIZING THE VACATION OF IN GUDDAL ADDITION A STREET AND UTILITY EASEMENT (VICKSBURG LANE). Item 7-B-2 Motion carried on a roil call vote, five ayes. MOTION was made by Councilmember Helliwell, esconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-183 SETTING COIMITIONS TO BE MET P12IOR TO FILING OF RESOLUTION NO. 91--182 VACATING THE STREET AND UTILITY EASEMENT VICKSBURG LANE) FOR THE PROPOSED GUDDAL ADDITION . Motion carried on a roll call vote, five ayes. Manager Willis reviewed the areas proposed for improvements in the 1991 Street Reconstruction Prograum, Projoct No. 102. He stated that the scope of the proposed project has been reduced from the original proposal. Director Moore showed a map indicating the street sections proposed to be deleted from the project In Di etriots 4 and 11. The streets proposed for deleti ion from the 1991 project are of substantial length and could be done in a future project. Some of the streets are borderline between requiring preventative maintenance and resurfacing, and should have a reasonable chance RESOLUTION 91-183 SETTING CONDITIONS TO BE MET PRIOR TO FILING RESOLUTION 91-182 Item 7-B-2 1991 Street Reconstruction Program Project 102 Item 8-A Regular Council Meeting April 1, 1991 Page 108 of maintaining their integrity for the next few years. No changes are recommended for District 3 and 7. The Mayor and Councilmembers indicated that they had toured all of the streets proposed for reconstructi.,n under the project. Councilmember Vasiliou stated it is obvious that there are streets in need of improvements to correct drainage problems. Director Moore stated that if the Council moves forward with the project, the drainage concerns will be addressed in the design stage. He stated that staff will work with residents to identify drainage problems and concerns. Charles Colwell, 123 Union Terrace Lane, stated that his neighborhood hao held several meetings to discuss this project. The reeidente of Union Terrace, Trenton, and Saratoga Lanes support the project as long as staff continues to work with the residents to incorporate their concerns into the project planning. Lynn z. Markey, 230 Quaker Lane, stated he is in favor of improvements proposed for Trenton, Saratoga, and Union Terrace Lanes because drainage problems need to be addressed. However, drainage is not a problem on Quaker Lane and there is no immediate need for the project. He asked thet Nathan Lane and Quaker Lane be removed from the project. He asked ie the water table or drainage would be altered when development occurs at Highway 169 and T.H. 55. Director Moore stated no, improvtments to service the area were previously made. Mr. Markey suggestod that the assessments be spread fairly so that those properties receiving more improvements will pay a higher asaesament. Nancy Kunkel, 130 Quaker Lane, stated her street is a dead end and has much less traffic than other streets in the project. 11he noted that a petition was previously presentei, signed by 85 percent of the residents on Quaker Lane, in opposition to the proposed project. She stated Regular Council Meeting April 11 1991 Page 109 that the construction may create a hardship to one individual who operates a business from her home. She suggested that Quaker Lane be considered in a future year. Mr. Colwell agreed that Quaker Lane could be removed from the project. It is still in fair condition. Kenneth E. Frick, 311 Union Terrace Lane, stated that the cause of watermain breaks on Union Terrace should be addressed and corrected in the project. Director Moore stated that this will be addressed in detail during the design stage. Pat Frederickson, 35 Nathan Lane, asked for assurances that when the drainage Swale is reconstructed abutting her lot, the City will not allow further changes of the Swale after that. Director Moore stated that the project design is not far enough along to determine that the Swale will be changed during construction. Councilmember Vasiliou stated that this ditch appears to need cleaning and the appearance could be changed due to maintenance. Helen Jones, 35 Nathan Lane, stated Nathan Lane is in good condition and there are no water problem3. She asked whether it needs to be done, and st+ted that the proposed assessment is excessive because Nathan Lane is heavily travelled by people who don't live in the area. She stated that the abutting owners should not be assessed for 100 percent of the cost. Mayor Bergman explained the Reconstruction Program assessment formula which provides that over the entire City program 30 percent of the cost is assessed to benefiting property owners and 70 percent is paid by the City. John C. Larkin, 35 Nathan Lane, stated that Nathan Lane serves an a collector street And the other streets proposed for reconstruction do not. He objected to the assessment formula and stated Regular Council Meeting April 1, 1991 Page 110 that property owners on Nathan Lane would be paying a higher assessment because other streets have drainage problems and need more work. Nathan Lane should not be included in the assessment formula for the entire project. He stated that he is not opposed to doing the project, but Nathan Lane residents should only be assessed 30 percent of the project cost for the Nathan Lane construction. He also objected to the assessment formula used for multifamily units. Manager Willis described the Reconstructioi• program and assessment formulas. He stated that the 70/30 formula does not mean that each resident will be assessed 30 percent of the cast of the improvements to their street. The form -1.1a applies to the overall project cost for the entire City. Manager Willis stated the proposed assessments for multifamily u its are somewhat lose than those for single family units based of a comparison of parcel size and number of vehicle trips. Councilmember Vasiliou stated that the Ccuncil could consider including all streets under one construction contract, but splitting out like streets within a district for assessment formula purposes. Mayor Bergman suggested that the Council proceedwiththeprojectandstudytheassessmentissue further. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-184 ORDERING IMPROVEMENT AND pR$pARATION OF PLANS AND SPECIFICATIONS, 1991 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 102, by the Directorision to Moore intthe stafftren ect area as noted by Motion carried on a roll call vote, five ayes. MOTION was made by Councill.tember Vasiliou, seconded by Councilmember kitcar, to direct staff to provide the Council with scenarios forequitablefundingwithindistrictsforthe project. BZSO .UTTCPN 91 184 ORDERING IMPROVEMENT AND I RB,pARATION OF P7,,ANS AND SPECS PF'OJECT NO. 102 Item 8-A Regular Council meeting April 1, 1991 Page 111 Councilmember Zitur at ated that communications on this project were not good. Residents should have had more advance notice that the project was proposed. Motion carried, five ayes. Greg Cole, 11605 28th Avenue North, asked ghat the Council reconsider its action taken at the March 18 meeting which authorized abatement of a nuisance violation for intersection sight obstruction at his property. He stated the perceived nuisance is caused by approximately 40 twelve foot American arbcrvitaes planted in a row along his property. The trees were planted before he bought the property, and he feels removal would devalue his property. He asked that his situation be "grandfathered" since the tree planting preceded adoption of the City's nuisance eight obstruction ordinance. Director Tremere showed slides of the site and noted that several plantings are within the required corner "sight triangle". He stated that grandfathering" sometimes occurs as a result of zoning actions and does not apply in public safety situations ouch as this. The violation came to the City's attention through a complaint. Karen Cole, 11605 28th Avenue North, stated that this is not a heavily travelled intersection. The problem could be corrected by installing two atop signs. She stated that in two directions the street goes only one block to the lake. Councilmsmber Vasil l ou suggested that the trees be moved back on the lot, outside of the eight triangle. Director Moore added that the trees could be moved back or replaced on a diagonal line so as to maintain the hedge effect, but preserve the corner sight triangle. Mr. Cole stated that the location of a hardwood tree may interfere with that plan. in response to a question by Councilmember Ricker, Director Zremere estimated that 8-10 trees would need to be mored or replaced to preserve the corner slight triangle. Nuisance violation for Sight obstruction - dreg and Karen Cole item 8-B Regular Council Meeting April 1, 1991 Page 112 Councilmember Vasiliou asked why stop signs would be needed since the street does not have much traffic. Mrs. Cole stated that some traffic is generated by a neighbor who runs a business from his home, but other than that, the intersection ie not heavily travelled. Courcilmembers Hellivell and Zitur each indicated concern about the situation for public safety and risk management reasons. Mrs. Cole was informed to contact staff for the policy on requesting installation of stop signs. The Mayor stated he would not consl.jr stop signs as a means to retain a hedge. Councilmember Ricker suggested that the option of relocating the trees outside of the corner sight triangle be investigated, and asked if Mr. Cole would participate in 50/50 cost sharing with the City to do the work. Mr. Cole respondeu yes; that option is better than totally removing the trees. Councilmember Zitur stated some concern over whether this cost sharing could set an undesirable precedent for future requests and whether the City should be involved in correcting the problem. Councilmember Ricker stated that a cost sharing approach vas offered at least once previously in a similar situation on T.H. 101. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to table this item until the next meeting, to direct Staff to investigate the feasibi:ity of moving the trees and the cost; and to meet with the Colea` to discuss the options available to alleviate the Sight obstruction; and to report back on whether cost sharing has been used before. Resolution No. 91-156, which was adopted by the City Council on March 18, was not amended or rescinded. Motion carried, five ayes. Regular Council Meeting April 1, 1991 Page 113 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-185 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BOSSARDT CORPORATION FOR INDUSTRIAL PARK BUSINESS CENTER JOINT VENTURE LOCATED AT 13310 INDUSTRIAL PARK BOL*LEVARD (8 90 65) . Motion carried on a roll call vote, five ayes. Tom Sexton, 625 Marquette Avenue, Suite 735, Minneapolis, stated that this site performance financial guarantee has beer reduced z number of times. As of this date, 19 trees need to be replaced. He stated that at some point, when most of the improvements are completed, the City should accept just a latter from a company indicating that work will be completed, rather than requiring a continuing financial guarantee until all site work is completed. Councilmember Vasiliou stated she would not support such a change. The Council hears complaints from too many citizens that a developer did not complete the required site improvements on time or at all. A financial guarantee is the only effective means the City has of ensuring that the site improvements that have been promise are realised. Director Tremere stated it is hie opinion that the amount of the reduced Boseardt guarantee is reasonable for the amount of work yet remaining and the fact that the work was due to be completed by November, 1990. In response to a question by the Mayor, he said staff had used common sense here by extending the completion date and by recommending further reduction of the guarantee. Mayor Bergman directed staff to invite Mr. Sexton to attend the next Developers Council meeting where the matter of financial guarantees could be discussed. RRROLUTION 91-185 REDUCING SITE PERFORMANCE GUARANTEE FOR BOSSARDT CORP. 89065) Item *8-C 0 Regular Council Meeting April 1, 1991 Page 114 Community Development Director Tremere stated that the Planning Comms.ssion has recommended approval of a Residential Planned Unit Development Final Plat, Final Site Plan and Development Contract for "Boulder Ridge 2nd Addition" (91010) (RPUD 80-2). The petitioner objects to Item 14.20 of the proposed development contract regarding the completion of landscaping. Director Tremere stated that the Council has provi.ously directed on several occasions that perimeter landscaping should be done with initial phases of a project. The outlot contained in the 2r.! Addition would be developed in a future phasa, and the developer has requested that landscaping improvements along County Road 10 and Zachary Lane be delayed until that phase. Greg Frank, McCombs -Frank -Roos Architects, stated that the County Road 10 reconstruction proposed for 1991 will interfere with installation of landscaping. Also, easements granted for construction vehicle parking are in the same location as some of the landscaping, and irrigation is not available to serve the perimeter of the site. Mr. Frank stated that in Phase I, the developer installed landscaping in excess of that required by the City Council. He assured the Council that the ultimate landscaping will be high quality and asked that the landscaping along County Road 10 and Zachary Lane be deferred until the third phase of the project. Councilmember Vasiliou asked about the outlot proposed in this phase. Director Tremere stated the outlot would remain in its natural state until it is developed in phase three. Councilmember vasilio%A stated that she will support the request because this is a unicpse situation due to the County Road 10 construction. This should not be viewed as a precedent for future requests. She stated another reason for her support is that a formal policy or ordinance standard requiring that perimeter landscaping improvements be installed with the first phase of a subdivision has not been adopted by the Council. Krut$ig Homes RPUD FinL1 Plat/Final Site Plan for Boulder Ridge 2nd Addn. 91010) Item 8-D Rsgular Council Meeting April 11 1991 Page 115 Mayor Bergman agreed that if the County Road 30 construction were not planned and imminent, he Mould vote to require the landscaping to be installed. Councilmember Helliwell asked when Phase 3 is proposed. Mr. Frank responded that the decision is market -dependent, but probably next year. Councilmember Helliwell stated she would support the request because irrigation is not available. NOTION was made by Councilmember Helliwell, Zitur, to adopt RESOLUTION 91-186 APPROVING RPUD seconded by Councilmember ABSOLUTION NO. 91-186 APPROVING RPUD FINAL FINAL PLAT/FINAL PLAT/FINAL SITE PLAN AND I)EVEaOPMENT CONTRACT FOR StTE PLAN FOR KRUTZIG HOMES SNC. KRUTZIG HOMES, INC. FOR BOULDER RIDGE 2ND 91010), amending Item 14.20 to read: BOULDER RIDGE SNL ADDITION All final site grading and landscaping along ADDITION (91010) Zachary Lane and Bass Lake Road shall be completed with the next phase." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, RESOLUTION 91=187 SETTING CONDITIONS seconded by Councilmember Zitur, to adopt 91-187 SETTING CONDITIONS TO BE TO MET PRIOR TO RESOLUTION NO. MET PRIOR TO FILING OF AND RELATED TO RPUD FINAL FILING 0 PLAT AND FINAL SITE PLAN FOR KRUTZIG HOMES, INC. Item 8-D FOR BOULDER RIDGE 2ND ADDITION (91010), amending the resolution to clarify the need for a finannial guarantee consistent with the site improvement requirements of the development contract. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, QsraILUT 0 91-188 ADOPTING seconded by Councilmember Zitur, to adopt 91-138 ADOPTING ASSESSMENTS, ASSESSMENTS FOR RESOLUTION N0. PROJECT NO. 109, SANITARY SEVER AND WATERMAIN BOULDER RIDGE 2ND AREA - BOULDER RIDGE 2ND ADDITION. ADDITION 8-DItem Motion carried on a ro'-1 call vote, five ayes. Regular Council Meeting April 1, 1991 Page 116 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-169 AUTHORIZING THE DETACHMENT AND ANNEXATION OF CERTAIN PROPERTY TO ADJUST THE BOUNDARY BETWEEN THE CITY OF PLYMOUTH AND THE CITY OF MAPLE GROVE. Motion carried on a roll call vote, five ayes. Ken Neutgene, 14407 County Road 61 stated his opposition to the trail along County Road 6 between Juneau and Fernbrook Lanes. Mary Ellen Kochevar, 14603 County Road 6, requested that the trail be rerouted from County Road 6 southerly to 14th Avenue and then east to Fernbrook Lane. She cited heavy traffic and saving a tree as reasons for the relocation. LeRoy Reinke, 14411 County Road 6, supported the relocation of the trail and thanked the police department for regulating speeds on County Road 6. A Juneau Lane resident stated that he also supports the relocated trail. He stated that even though the trail will bring added bikes and pedestrians on his street, it is much safer than along County Road 6. MOTION wag made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOL17TION NO. 91-190 APPROVING THE INSTALLATION OF TRAIL FROM COUNTY ROAD 60 SOUTHERLY ON JUNEAU LANE TO 14TH AVENUE, AND EASTERLY ON 14TH AVENUE TO FERNBROOK LANE and rescinding Resolution No. 90-768. Motion carried on a roll call vote, five ayes. RESOLUTION 4.1.18.2 CORPORATE BOUNDARY MODIFICATION Item *8-E County Road 6 Trail - Juneau to Fernbrook Lanes Item 8-F RESOLI ION 91-190 TRAIL FROM COUNTY ROAD 6, SOUTHERLY ON JUNEAU TO 14TH AVENUE TO FERNBROOK LANE Item 8-F Public Safety Director Carlquist introduced Larry DNR Deer Count Gillette, Wildlife Manager for Hennepin County Report Parks. Item 8-G Mr. Gillette provided a report on the deer situation in the City of rlymoath and surroLnding communities. He noted that the number of deer in Plymouth Is increasing. He believes that because surrounding communities have instituted hunting policies, the deer aro using Plymouth as a sanctuary from hunting. Regular Council Meeting April 1, 1991 Page 117 He stated the key to reducing the deer herds and the corresponding number of deer/vehicle collisions, is to remove the sanctuary affect and thereby alter the deer herds' seasonal movement patterns. It is his opinion that archery hunting cuuld be an effective way to reduce the deer herd in Plymouth within three to four years. He reported on a similar situation in Minnetrista whsre hunting was recently approved. Councilmember Zitur asked what the most humane option was for reeducing the deer herd. Mr. Gillette esponded that is a difficult question as some of the natural causes of death foi a wild animal may not even appear humane i.e. starvation, being shot, or hit by a motor vehicle. He stated! that about 50 percent of the deer hit by archery hunters will be retrieved. He estimated that: the remainder of the Mounded will likely recc-rer. Mr. Gillette stated that a greater 5enefit comes from changing the deer's l.srception of the area. With hunting, it is no longer a sanctuary. In response to C,iuncil questions, Mr. Gillette stated that Lymes disease is becoming a mons important issue, but few cases have been found in Hennepin County. public Safety Director Carlquist recommended that the Council consider all options for conducting a dear harvest in order to reduce the public safety p:-onlem c -sated by deer/vehicle collisions. MOTION was made by Councilmember Eitur, +seconded by Mayor Bergman, to table this issue to a study session to receive a staff recommendation and a scenario for an archery hunt to reduce the deer population. Motion carried, five ayes. MOTION was made by Councilmembor Vasiliou, PA301moN-91-191 seconded by Councilmember Helliwell, to adept AWARD CONTRACT FOR nESOLUTION NO. 91-191, AWARD OF CONTRACT FOR 16 16 LOP. MOWER ROTARY FT. ROTARY :OWER. Item *8-H Motion carriod on a roll call vete, five ayes. 9 Regular Council Meeting April. 1, 1991 Page 118 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-192 AUTHORIZING MAYOR AND CITY MANAGER TO SIGN A DEED CONVEYING THE UNNEEDED PORTION OF THE HUGHES LOT TO HANS HAGEN HOMES, INC. Motion carried on a roll call vote, five ayes. RESOLUTION -21=112 AUTHORIZING CONVEYANCE OF SURPLUS PROPERTY Item *8-I MOTION was made by Coun:ilmember Vasilicu, RESOLUTION 91-133 seconded by Councilmember Helliwell, to sdopt SETTLEMENT RESOLUTION NO. 91-193 SETTLEMENT AGREEWNT, CITY AGREEMENT, PROJECT VERSUS GREAT GLOBAL ASSURANCE COMPANY, CITY NO. 705 PROJECT NO. 705. Item *8-J-1 Moticn carried on a roll call vote, four ayes, Hellivell nay. MOTION was made by Councilmember Vasiiicu, RESOLUTION 91-•194 seconded by Councilmember Helliwell, to adopt SETTLEMENT RESOLUTION NO. 91-194 SETTLEMENT AGREEMENT, CITY AGREEMENT, PROJECT VERSUS LEROY REINKE, CITY PROJECT NO. 250. NO. 250 Item *8-J-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-195 seconded by Councilmember Helliwell, to adopt APPROVING CHANGE RESOLUTION NO. 91-195 APPROVING CF.ANGE ORDER NO. ORDER NO. 1, 1, NORTHWEST TRUNK SEWER - PHASE I, CITY PROJECT PROJUCT NO. 014 NO. 014. Item *8-K-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, LUTIQN .917—iff seconded by Councilmember Helliwell, to adcpt APPROVING CHANGE RESOLUTION NO. 91-196 APPROVING CHANGE ORDER NO. ORDER NO. It 1, 3.0 MILLION GALLON NATER TOWER, CITY PROJECT PROJECT NO. 905 NO. 906. Item *8-K-2 Motion carried on a roil call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-1.97 REQUEST FOR PAYMENT NO. 3.0 MILLION GALLON WATER TOWGR, CITY PROJECT 906. MOLUTION 91-127 PAYMENT NO. 10, 3 10, MILLION GALLON NO. WATER TOWER PROJECT NO. 906 Item *8--L Motion carried on a roll. call vote, five ayes. 0 0 Regular Council Meeting April 1, 1991 Page 1'_9 Rick Sathre, Sathre-Bergquist Inc., appeared on behalf of Lowry Hills Development group. He stated that they strongly support the extension of trunk sanitary sewer facilities to serve the area north of County Road 9 and west of Vicksburg Lane. Councilmember Vasiliou stated there are a number of issues the Council should consider including the future land use of the Hollydale Golf Course, who would pay for the sewer extension, and the assessment terms. Also, the Springsteu Study of the area projects that the land which would be served by this additional trunk sanitary sewer extension is not required until 1998. Councilmember Ricker agreod and stated that the Council should seriously consider to what extent the City should pay for this project. It could be many years before the area is fully developed and the deferred asseasments are activated. Public Works Director Moore stated the Council ohould also consider whether the sanitary sewer should be constructed at a depth which will allow the golf course property to develop as single family housing instead of the current guiding of public/semi-publiv. The estimated additional coat for this required depth is 036,000. Councilmember Vesiliou asked how staff would recommend assessing the cost for the additional sewer depth. Manager Willis r•tated the added depth would enhance the deve:.opment potential of the golf course property, and the coat should be assessed to tht benefitirg property. Richard Desiel, 16100 46th Avenue North, stated he is not opposed to the project. However, he is opposed to the golf course property ?:sin, assessed for the improvements until such time as they can use them. Director Moore recommended that if the extra sewer depth is requested as part of the project, it should be assessed immediately as that increases the r)roperty owner's options for future use of the property. Sanitary Sewer Trunk Extension District NW 17 Project No. 040 Item 8-M 0 0 Regular Council Meeting April 1, 1991 Page 120 Councilmember Ricker asked how much of the estimated project cost would be assessed and how much would be deferred? Director Moore estimated that of the $191,000 estimated project cost, $60,000 would be immediately assessable. Councilmember Ricker questioned the benefit to the City tc do the project. Manager Willis stated that it may be in the City's inter --..at in the sense that it wr,uld provide a parcel of land with the potential for development. The Council must decide if it is In the public's interest Lo do so despite the deferred assessments. Councilmember Helliwell agreed that $130,000 is a lot of deferred assessments for the City to carry, particularly with development estimated for the property after 1998. Mr. Sathre otated he is familiar with the Springsted study and understands the assumptions made regarding absorption rate of developable land. He stated that their original request was to connect to the Waste Control sewer, and noted that the Lowry Hill land is directly adjacent to urban services. He stated that this property appears to be handicapped due to the adjacent golf course property and significant amount of wetlands. MOTION was made by Councilmeniber Ricker, eacotlded by Councilmember Hell well, to table this item until April 22. The City Manager will meet with representatives of the Desiels' and Lowry Hills. Staff will notify property owners of this meeting. Motion carried, five ayes. r Regular Council Meeting April 1, 1991 Page 121 MOTION was mado by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt ORDINANCE NO. 91-11 RELATING TO PUBLIC HEALTH AND WELFARE, REPEALING SECTION 1125 OF THE PLYMOUTH CITY CODE PERTAINING TO MOTOR AIEHICLE DEALERS AND REPEALING SUBSECTION 1206.19 SUBDIVISION 2 PERTAINING TO BONDS FOR INTOXICATING LIQUOR LICENSES AND AMENDING CHAPTERS 11 AND 12 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-198 APPROVING GASOLINE SERVICE STATION LICENSE FOR AMOCO FOOD SHOP #370. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt ORDINANCE NO. 91-12 RELATING TO PUBLIC SAFETY AbMMING SECTION 905 OF THE PLYMOUTH CITY CODE PERTAINING TO FIRE PREVENTION, adopting the 1988 Edition of the Uniform Fire Code. Motion carried on a roll call vote, five ayes. Councilmember Ricker stated that with the current tax/budget situation, he world like to see some controls remain on the Suburban Hennepin Regional Park District. He will not support legislation authorizing the election of all seven members of the District Board and enabling the Board to adopt its budget independent of County Board review. Manager Willis stated that the Park Diatrict Board would be subject to levy limits. NOT* ON was made by Councilmember Ricker, seconded by Councilmember Ilelliwell, to not support legislation to provide for the election of Suburban Hennepin Regional Park District Board of Commissioners and to permit the Hoard to adopt their own budget. Motion carried, Helliwell, Ricker and Zitur ayes; Vasiliou and Bergman nays. ORDINANCE 91-11 CITY CODE LICENSING HOUSEKEEPING AMENDMENTS Item *8-N RESOLUTION 91-128 APPROVING GASOLINE SERVICE STATION LICENSE FOP, AMOCO FOOD SHOP #370 Item *8-0 ORDINANCE 91-12 ADOPTING 1988 UNIFORM FIRE CODE Item *8-P Legislation - Suburban Hennepin Regional Park District Board Item 8-Q r 0 Regular Council Meeting April 1, 1991 Page 122 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-199 APPROVING ADDENDUM TO THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAN ENFORCEMENT LABOR SERVICES, INC., LOCAL 18, JANUARY 1, 1989 THROUGH DECEMBER 31, 1991. Motion carried on a roll call vote, five ayes. Mayor Bergman stated that the Council has received letters from residents regarding a dw,relopment proposal. He stated that he would like the Planning Com= scion to hold a public hearing on the land use guiding and transportation plan for the area bounded by County Road 61 Glacier/Harbor Lane extended, Gleason Lake Road and I-494. MOTION was made by Councilmember Ricker, seconded by Councilmdmber Vasiliou, to direct the Planning Commission to hold a public hearing on these Comprehensive Plan elements in this area, and report to the Council. Motion carried, five ayes. RL%gz7ION 91-199 RATIFICATION OF LABOR AGREEMENT - POLICE OFFICERS AND INVESTIGATORS item #8-R Direction Planning Commission Hearing to to Hold MOTION was made by Councilmember Ricker, seconded Park Land by Councilmember Eitur, to delay consideration of Acquisition park land acquisition until the report of the Item 8-S Financial Task Force is received. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to delay consideration of an amendment to the Comprehensive Plan for Kimberly Lane Elementary School Neighborhood Park until the report of the Financial Task Force is received. Motion carried, five ayes. MOTION was made by Councilmember Ricker, ascended by Councilmember Zitur, to delay consideration of the 1991 Park Capital Improvement Projects until the report of the Financial Task Force is received. Motion carried, five ayes. Amendment to Comprehensive Plan Item 8-T 1991 Park Capital Improvement Projects Item 8-U Regular Council Meeting April 1, 1991 Page 123 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, that the City Council serve as the Special Assessment Committee for the remainder of 1991, and that the first subject for consideration be the 1990 Street Reconstruction Program, Project No. 001. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, that a task force formed to work with the Special Assessment Committee on the issue of Private Streets. was directed to advertise for applicants. Motion carried, five ayes. 1990 Street Reconstruction Program - Special Assessment Committee Item 9-A-1 Private Streets - be Task Force Formed Item 9-A-2 Staff MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to delay consideration of a policy and ordinance amendment with respect to Boards, Commissions, and Committees, until after the board and commission applicant interviews are conducted. Motion carried, five eyes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to refer the School Zone Hazard Evaluation for Zachary Lane Elementary School, Project No. 044, to the Zachary Lane principal and P.T.O. for their review. MOTION to amend was made by Councilmember Zitur, seconded by Mayor Bergman, that the evaluation also be sent to the District 281 Superintendent and School Board Chairperson. Motion to amend carried, five ayes. Main motion as once amended carried, five ayes. MOTION was made by Councilmember Vasiliou, secondec by Councilmember Helliwell, to delay invitations for joint meetings with Schoo] Districts 270 and 27) board members until after the May 21 school board elections. Motion carried, five ayes. Policy and Ordinance Amendment on Boards and Commissions Item 9-B Zachary Lane School Zone Hazard Evaluation Project No. 044 Item 9-C Delay Joint Meetings with School Districts 210 and 279 Item *9-D 0 0 Regular Council Meeting April 1, 1991 age 124 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to direct that the response to the Wetlands Task Force recommendation be placed on file for future reference. MOTION was made by CouncilmembeL Zitur, seconded by Councilmember Ricker, to direct staff to provide a copy of a public safety department memo regarding police calls to schools in Districts 281 and 284 to the school board members and superintendents. Motion carried, five ayes. Manager Willis provided a Legislative Update covering the topics of Property Taxes, Wayzata School District Bili, and House File 478 - Election "Housekeeping" Legislation. He reported that Representative Abrams has introduced amendments to the elections bill to prc,vide for r reverse referendum on ordinances adopted by city councils changing their election dates. MOTION was made by Cour.rilmember Ricker, seconded by Councilmember Helliwall, to direct staff to forward to legislators representing Plymouth and all legislators on the Electijns and Ethics Committee, the Council's official protest of this action. Motion carried, Helliwell, Ricker, Zitur ayes; Vasiliou and Bergman nays. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to direct staff to forward to legislators the Council's support of this amendment. Motion failed, Vasiliou ai.d Bergman ayes; Helliwell, Ricker, and Zitur nays. Park Director Blank reported on a meeting he attended to consider new schools in School District 284. He stated that by a two to one margin, members voted to pursue a new high school. Response to Wetlands Task Force Report Item *9-E Directive - Pabl'_c Safety Report on Calls to Schools Legislative Update item 9-F Election Legislation Item 9-F Report on Meeting with I.S.D. 281 Regular Council Meeting April 1, 1991 Page 125 Manager Willis sta=ed that staff has received an Parliamentary unsolicited invitation from someone interested in Procedure Workshop doing a parliamentary procedure workshop for the City Council. The Council was not interested in pursuing this. MOTION was mede by Councilmember Zitur, seconded Senior Citizens by Councilmember Ricker, to direct staff to allow Use Fire Stations senior citimena to use the facilities at the City's three fire stations for meeting purposes. Motion carried, five ayes. The meeting was adjourned at 10:59 p.m. ty Cler 9 0