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
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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