HomeMy WebLinkAboutCity Council Minutes 04-22-1991MINUTES
REGULAR COUNCIL MEETING
APRIL 221 1991
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:06 p.m.
in the Council Chambers of the City Center, 3400
Plymo t Plvd., on April 22, 1991,
PRESENT: Mayor Bergman, Councilmembers
Helliwell, Ricker, Vasiliou, Zitur
ABSENT: None
STAFF PRESENT: City Manager Willis, Assistant
Manager Boyles, Community Development Director
Tremor*, Public Works Director Moore, Park
Director Blank, Public Safety Director Carlquist,
Finance Director Rahn, City Attorney Thomson, and
City Clerk Rauenhorst
Mayjr Bergman proclaimed April 23 as Arbor Day.
Mayor Bergman proclaimed April 20-26 as Chemical
Free Week.
Mayar Bergman proclaimed the month of May as
Spring Cleanup, Paint -up, Fix -Up, and Planting
Month.
Manager Willie introduced Marilyn Davis of Sumek
and Associ&tes.
Me. Davie presented the results of the Sumek
study on the present and future equipment and
personnel needs of the Plymouth Fire Department.
She statad that the firefighters'
recommendationa, public safety and administrative
staff recommendations, and City Council
established service levels were used to develop
the report. Cumek also reviowed the fire
department equipment lists and the City's
development plan in order to determine future
needs.
Proclamations
1'tem 4
Sumek and
Associates Report
Item 5-A
Regular Council Meeting
April 22, 1991
Page 127
She stated the department is well trained, with a
high degree of service delivery and
pro leasionalism. Major areas of concern that
Sumok recommends the Council address include
reducing the number of false alarms, enhancing
the public education program, and making
deciaiona regarding equipment. Ms. Davie stated
the department is well equipped and few
additional needs are foreseen over the next five
yeara. She recommended that the City consider
expansion of mutual aid and joint powers
agreements to enhance service delivery.
Councilmember Zitur complimented Sumek on their
thorough report.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to accept the Sumek
report and to keep on file for further study.
Mot ion carried, five ayes.
MOTION was made by Mayor Bergman, seconded by
Councilmember Ricker, to direct the City Manager
to propose a false alarm reduction plan for
Council consideration in a timely ma. -mer.
Motion carried, five ayes.
Manager Willis introduced Eugene Preiss and John
Edson, Co -Chairs of the Financial Task Force, to
present their final report. Manager Willis
stated this Task Force held 24 meetings over the
last six months, and he recognised each member
for their contribution to the Task Force: Eugene
Praise, John Edson, William Jackson, Jennifer
Martin, Michael McConnell, Nancy Norman, and Jay
Trumbower. Finance Director Dale Hahn was also
thanked for hie contributions as an ex -officio
member.
Eugene Preiss and John Edson presented the Task
Force Conclusions and RecommQndations (summary
attached) .
Each Councilmember praised member3 of the
Financial Task Force for their volunteer hours
and the concise, thorough report.
Financial Task
Force Report
Item 5-B
Regular Council Meeting
April 22, 1991
Page 128
MOTION was made by Councilmember Vasiliou,
seconded by Councilmembsr Zitur, to receive the
Financia] Task Force report.
Motion carried, five ayes.
Councilmember Helliwell noted there i
clangguuage
in the report on a possible
MOTION Was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to clarify and
affirm that it is the Council's position that a
community center cannot be built unless a bond
referendum is held.
Motion carried on a roll call %roto, five ayes.
MOTION was made by Mayor Bergman to direct the
City Manager to propose a plan implementing therecommendationsoftheFinancialTaskForce.
Motion failed for lack of a second.
Councilmember Ricker said the Council should
first determine which recommendations the Council
wa_hts to pursue. Appropriate direction should
then be provided to staff.
MOTION was made by Coancilmember Ricker, seconded
by Councilmember Zitur, to refer the report to a
study session of the Council.
Motion carried, five ayes.
item to -r was removed from the Consent Agenda.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to opprove the
Consent Agenda.
Councilmember Vasiliou stated she
e in
seeking
clarification on several payore
Disbursements Report, Item 9 -AA, but will vote
for approval.
Motion carried on u roll call vote, five ayes.
Community center
Consent Agenda
Item 6
0 6I
Regular Council Meeting
April 22, 1991
Page 129
MOTION was made by Councilmember Holliwell, Minutes
seconded by Councilmember Zitur, to approve the Item *7
April 1 minutes of the regular council meeting,
and the April 15 minutes of the Board of Review.
Motion carried on a roll call vote, fiva ayes.
PUBLTf HEARINGS
Mayor Bergman opened a public hearing at 7:44
p.w. oil vacation of a drainage and utility
easement along the south property line of Lot 1,
Block 1, Tipton Building Addition. No one
appeared, and the hearing was closed at 7:44 p.m.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-200 AUTHORIZING THE VACATION OF
CERTAIN UTILITY AND DRAINAGE EASEMENTS WITHIN LOT
1, BLOCK 1, TIPTON BUILDING ADDITION.
motion carried on a roll call vote, live ayes.
MOTION was made by Councilmember Relliwell,
seconded by Ccuncilmember Ricker, to adopt
RESOLUTION NO. 91-201 SETTING CONDITIONS TO BE
NET PRIOR TO FILING OF RESOLUTION NO. 91-200
VACATING DRAINAGE AND UTILITY EASEMENT FOR TIPTON
BUILDING ADDITION.
Motion carried on a roil call vote, five ayes.
Manager Willis introduced the assessment hearing
on the 1990 Street Reconstruction Program,
Project 001. Notices were published in the
official city newapaper, as well as mailed to
each property owner in the improvement area as
shown by the records of the Hennepin County
Auditor's tax statement mailing list. He
reviewed the procedure for the hearing.
Public, Works Director Moore explained the work
done in various areas of th6 project and noted
that there are a few minor itemst such as sod
replacement, that will be completed during the
next few weeks. He explained the assessment
BESOLUTION 91-200
VACATING EASEMENTS
IN TIPTON BUILDING
ADDITION
Item 8-A
J*,=gTION 91--2U
NETTING CONDITIONS
70 BE MET PRIOR TO
FILING
Item 8-A
Assessment Hearing
1990 Street
Reconstruction
Project 001
Item 8-•B
0
Regular Council Meeting
April 22, 1991
Page 130
formulas for va_ious types of property. The
amount prcposed to be assessed is $815 per single
family lot for street reconstruction, and an
additional $20 per front toot for cunc=ete curb
snd gutter and storm sewer where applicable.
Ho stated the assessment term for single family
properties being assessed for street
reconstruction is proposed as five years at 8
percent interest. Single family properties being
assea.ged for reconstruction with curb and gutter
and storm sewer; high density residential; and
commercial properties are proposed as ten years
at 8 percent interest. Over the entire City
program, 30 percent of the project cost will be
assessed to benefiting property owners and 70
percent will be assumed by the City.
Councilmember Ricker questioned the fairness of
the method used for calculating commercial and
apartment assessments as compared to single
family lot assessments.
Director Moore stated the Special Assessment
Committee recommendation is that multiple units
be assessed on a per unit basis through a formula
based on the square footage of a typical single
family lot (18,500 square feet) and the amount of
traffic generated by multiple units.
Councilmembex Ricker stated that he does not
believe there should be a different between the
assessment rate for single family homes and
apartments.
Manager Willis explained the assessment
procedures outlined in the staff report and
stated that owners may appeal to the District
Court if they feel their assecgment is unfair.
The appeal must be served on the Mayor or Clerk
within 30 days from the date of the resolution of
the Council adopting the assessment roll, and
filed with the Clerk of District Court within 10
days thereafter. No appeal may be made unless
the owner has either filed a signed written
objection to the assessment with the City Clerk
prior to the hearing or has presented the written
objection to the Mayor at the hearing.
Regular Council Meeting
April 22, 1991
Page 131
Mayor Bergman opened the assessment hearing at
8:00 P.M.
Dick Schnell, 3830 Pilgrim Lane, stated he
believes multiple dwelling units should be
assessed a greater share of the project cost. He
noted that apartment buildings near his home are
proposed to be assessed at the rate of $280 per
unit, which is 34 percent of what the single
family homen4ner will be assessed for
reconstriu-t n He asked that the Council
reconsider this assessment formula.
Mary L. Willcox, 501 S. Meadow Lane, Golden
Valley, states she owns 2240 and 2250 Kilmer Lane
North. She objected to the amount of her
assessment. Ms. Willcox stated her total
proposed assessment of $5,615 includes 240 feet
at $20 per foot for curb and gutter and storm
sewer improvements. She feels this amcunt is
exorbitant.
Eileen Moran, 2265 Kilmer Lane N., stated she is
not opposed to the amount of her assessment. Her
concerre relate to the project work. She stated
that prior to the project she had a serious water
drainage problem which she thought would be
corrected by the installation of storm sewer.
She also had anticipated a wider street and
turnaround area. These problems have not been
resolved. The street is not significantly wider,
the turnaround area is smaller, and storm sewer
was not installed to serve her property. [ne.
Moran stated she would be willing to pay a higher
assessment had these problems been resolved.
staff will investigate these concerns and report
back to the Council.
No orie else appeared for the hearings and the
hearing was closed at 8:10 p.m.
Written objections to assessments were received
from James and Janice Carr, Mary S. Meeks (17670
27th Avenue North), Lorin anc. Patricia Gunderson
2050 Eadt Medicine Lake Boulevard), Mary Willcox
2240-2250 Kilmer Lane North), and Eileen Moran
2265 N. Kilmer Lane).
Regular Council Meeting
April 22, 1991
Page 132
Cotancilmember Ricker stated he would like the
City Council, sitting as the Special Assessment
Committee, to review the assessment policy.
Pr.7perty owners have indicated that the formulas
are unfair. The Council should review the policy
be fore the 1990 project assessments are adopted.
NOTION was made by Councilmember Ricker, seconded
by Councilmember vasiliou, to refer the
as eessments on the 1990 Street Reconstruction
Program, Project 001, to a study session to
consider the assessment policies.
MOTION to amend was made by Councilmember Zitur,
sa conded by Councilmember Ricker, that staff be
directed to post the notice of the special
assessment committee meetinjs.
Motion carried, five ayes.
Main motion, as once amended, carried on a roll
call vote, five ayes.
Manager Willis sta:gd that following the April 1
Council meeting, staff members met with Greg and
Karon Cole, 11605 28th Avenue North, regarding
options to abate the nuisance violation created
by shrubs. Staff concluded that it would not be
f4easible to move any of the existing arbcrvitae
92hruba. The recommended procedure is to .rut the
nine arborvitae shrubs down to the ground, grind
out the reme.ining scumpa, replace with black
dirt, and replant lour 4 foot arborvitae shrubs
outside of the sigit triangle.
He stated that tho work could be accomplished
w 1th the City as -:he contractor for iAn estimated
coat of $717. If Midweat Lande=aping is retained
aa the contractor, the coat would be $595.
Manager Willis recommended that Midwest
L andecap+ng be directed to do the w••rk. The wor.k
can be done sooner and will be warraatiecn for one
year.
Mz. Cole asked if ,)oth options include the new
shrubs? Manager W:Alis responded yes.
N:ii3c-mce violation
Abatement for
Intersection Sight
obstruction - Greg
and Karen Cole
11605 26th Ave. N.
Item 9-A
0
Regular Council Meeting
April 22, 1991
Page 133
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to direct staff to
pursue the abatement and to contra -,t with Midwest
Landscaping to plant four new arborvitae shrubs
after the City removes the nine existing
arborvitnes in the sight triangle; and to
authorize the City paying one-half of the cost.
Motion carried, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-202 AMENDING SITE PLAN
AMENDMENT AND CONDITIONAL USE PERMIT FOR TOBIN
REAL. ESTATE COMPANY (91005) .
Motion carriod on a roll call vote, five ayes.
Community Development Director Tremere presented
the staff report on the request of
Laukka/Willi.ame Parkers Lake for a Residential
Planned Unit Development Plan and Conditional Use
Permit Amendment to allow perimeter fencing at
the southeast corrar of Vicksburg Lane and 18th
Avenue North (91006). The Planning Commission
unanimously recommended approval of this proposal
to add perimeter fencing along County Road 6,
Vicksburg Lane, and 18th Avenue North. The
fencing would be six feet in height along 18th
Avenue North and Vicksburg Lane and eight feet in
height along County Road 6.
Staff recommends a modification where the eight
foot perimeter fence Would be permitted along
County Road 6 in order to provide additional
privacy, but would be denied along Vicksburg Lane
and l8th Avenue North. The existing berms along
Vicksburg Lane and 18th Avenue continue to
provide sufficient privacy for the adjacent
units. Also, the proposed fence would physically
separate the project from the open apace possibly
inhibiting its use, and would further reduce the
yard rises.
Larry Laukka was present to respond to questions.
He noted that thio. is a new type of housing and
additional privacy, as would be provided by the
fencing, is desired by potential buyers.
RWO 19N 91-202
AMENDING SITE PLAN
AND CUP FOR TOBIN
REAL ESTATE CO
91005)
Item •9-B
Laukka/Williams
Parkere Lake -
RPUD Plan and CUP
Amendment to Allow
Perimeter Fencing
91006)
Item 9-C
0
Regular Council Meeting
April 22, 1991
Page 134
Discussion was held on potential maintenance
problems of the area between the requested
fencing and the bern. Mr. Laukka stated that he
is attempting to plant prairie grass which would
be low maintenance.
MOTION was made by Councilmember Vasiliou, RESOLUTION 91-203
seconded by Councilmember Ricker, to adopt APPROVING MPUD CUP
RESOLUTION NO. 91-203 APPROVING MIXED PLANNED FOR LAUKKA/
UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT WILLIAMS PARKERS
AMENDMENT FOR LAUKKA/WILLIAMS PARKERS LAKE LAKE (91006)
91006), as requested by the petitioner and Item 9-C
recommended by the Planning Commission.
Councilmember Vasiliou commended Mr. Laukka on
foreseeing the changes needed to make this
dbvelopment successful. The reconstruction and
widening of County Road 6 is a significant reason
to support this request.
Councilmember Helliwell asked Mr. Laukka if he
will be able to maintain the perimeter area
between the new fence and the berm? Mr. Laukka
responded yes.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, UaQWUON 91-204
seconded by Councilmember Zitur, to adopt APPROVING SITE
RESOLUTION NO. 91-204 APPROVING SITE PLAN, PLAN, CUP AND
CONDITIONAL USE PERMIT AND VARIANCES FOR VISION VARIANCES FOR
OF GLORY LUTHERAN CHURCH (91012). VISION OF GLORY
CHURCH (91012)
Motion carried on a roll call vote, five ayes. Item *9-D
Manager Nillia stated that staff met with Richard Sanitary Sewer
and Sill Desiel representilig Hollydals Golf Extension for
Course, and Rick Sathre representing the Lowry District NW 17,
Hills property owners, to discuss the extra sewer Project 040
depth should the land use of the golf course be Item 9-E
changed from public/semi-public to residential at
some tir.e in the future.
Richard Deziel indicated at the meeting that they
are not ready at this time for sanitary sewer to
serve the golf course property. They do not want
to hold up other development in the area. The
Deziele' believe the sewer should go in at the
deeper depth so that it could serve the golf
Regular Council Meeting
April 22, 1991
Page 135
course property for s Ingle family residential
development in the future, but the golf course
should not be assessed the cost for the deeper
sewer.
Manager Willis recommended that the Council
proceed with the sewer installation at the deeper
depth, with the cost asaessed to the golf course
property which will benefit from additional
development opportunities.
Director Moorc stated the estimated total project
coat in $191,300, which includes $36,000 for the
deeper aewer.
Councilmember Vasiliou asked if there are similar
situations where a property was assessed for
utility benefit before development occurred.
Director Moore stated that the City's policy is
not to &&seas until sewer and water are available
to the property. He stated these are sewer area
assessments. In the future, the property will be
assessed lateral and connection charges.
Richard Deziel, stated the proposed improvements
are of no value to the golf course property
because he doesn't foresee development for
several years. i:° the project is ordered, the
golf course should be exempt from assessments
until the property develops. He stated that he
also owns undeveloped property in the Oxbow Ridge
Addition, and feel& that development and related
utilities are premature for this area as well.
Hill Deziel, 4540 Holly Lane, stated he is also
opposed to the project. According to the recent
9pringsted study, the land to be served by this
improvement is not needed for development until
1998. He requested that the Council delay the
project until a study proves the need for the
property. If the project does proceed, the
excess sewer depth should be built at no cost to
the golf course property owners.
Howard L. Hunt, 17205 County Road 47, stated it
is extremely import ant that if the Council orders
the project, the sewer be installed at the deeper
depth so it will not adversely affect potential
0
Regular Council Meeting
April 22, 2991
Page 136
future adjactnt land uses and development
opportunity. He stated that any assessment for
excess depth should be charged to the property
where locatedp not on adjacen`: property that may
benefit in the future. He ci-:ed several
situations who -re he believed the property owner
paid excess depth assessments in order to serve
adjacent properties. Mr. Hunt suggested that this
sever installation is premature.
Rick Sathre, Sathre-Bergquist Inc., represented
Lowry Hills. He stated that the Springated study
identified the number of new housing units that
could be expected in the next ten years, but it
did i.ot state that additional growth would not
occur elsewhere in the City. Lowry Hills
petitioned for these iaprovements many years ago
and the adjacent area is becoming urban in
nature. This property owner should also be
allowed the opportunity to development his
property.
Bernard Barr, 11670 61st Avenue north, requested
that the Council authorize the trunk sever
extension to serve his property. If the adjacent
golf course property owner is not interested in
the excess depth for future development
opportunities, he encoura"d the Council to
approve the project with minimum sever depth.
Manager Willie stated the golf course owners do
not intend to petition the City for a land use
change to allow residential development at the
present time; however, at some time in the future
they could do so. He stated that the golf course
property owners are not interested in being
assessed for the coat of excess sewer depth
installation, even if the assessment is deferred
until development occurs, but the Council should
consider the City's interest in enhancing future
development opportunities.
Dixector Moore explained that the similar
instances cited by Mr. Hunt are situations where
the land use guiding was in place and did not
change. In this situation the idCouncil musframconsiderthelikelihoodofagu
public semi-public to residential.
M
Regular Council Meeting
April 22, 1991
Page 137
Councilmember Ricker stated that if the Council
believes the golf course property will ultimately
be developed, the deeper sewer should be
installed now for cost effectiveness. He felt
that 14r. Barr should pay the cost for the excess
sewer depth since he is the only property owner
requesting sewer.
Manager Willis noted that the golf course
property will benefit from the deeper sewer if
development is pursued in the future.
Councilmember Ricker asked the Ci -:y Attorney to
comment on whether property can be assessed for
possible future benefit.
Attorney Thomson responded that in order to
assess property, it must be shown that the
property benefits in the amount of the
assessment. The current public semi-public
guiding would be a factor in considering whether
the property would benefit.
Mayor Bergman suggested that the assessment could
be deferred until the benefit is realized at the
time of development. Councilmember Vasiliou
stated that if the property remains as a golf
course, it may never benefit from the excess
sewer depth.
The Mayer called a brief recess.
Following the recess, Manager Willis stated that
Mr. Barr has indicated he would be willing to
install the excess depth sewer and pay the
asaociatfta costs, if he is allowed to procaed
with the project immediately. Mr. Barr stated
this was correct.
MOTION was made by C3uncilmember Vasiliou,
seconded by Councilmember Ricker, to adopt
RMSOLUTION NO. 91-205 ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS, NW -17
TRUNK SANITARY SEWERr CITY PROJECT NO. 0401 with
the condition that an executed aureement is
received that Mr. Barr will pav the cost for the
excess sewer depth and agree to the assessments
for :lis property.
Motion carried on a roll call vote, five ayes.
gmso uoN 91-20a
ORDERING SANITARY
SEWER TRUNK
EXTENSION FOR
DISTRICT Ngo 11
PROJECT NO. 040
Item 9-E
Regular Council Mreting
April 22, 1991
Page 139
Park Director Blank presented a policy proposed
by the Parkand
ouldchandlenrequestsy
Commission On
City (
funding of
how the Cityeradication of Eurasian water milfoil on city
lakes. The proposed policy provides that on
lakes that have full public access (Medicine and
Parkers Lake) the City will contribute an
appropriate share
o
of then funding.
buthon
lakes
vno
here
the City is
s
property
Cit would pay a proratedpublicaccess, Y
rout foot basis. On lakes with no public park
property and no public access, the City would not
contribute toward eradicat!on.
MOTION was madeby Coadoptmeembeepolickert seconded
by Mayor Bergman, to y as
recommended.
Councilmember Zitur stated that he receivedreportsthatEurasianNaterMilfoilwasfound in
two places on Schmidt Lake last summer.
THe
is s
stated he will not support the policy.
very
wide. He
statedthatat needs
water Quality
need
city -
Commission should bens
ablishe immediately to
consider the policy a
to
the Council.
Councilmember litur stated that consideration
needs to be given to the loss of tax base thatcanoccurifthehighlyvaluedhomesonlakes in
Plymouth lose value due to the effects of
Eurasian Nater Milfoil. A Nater Quality
Commission could be modaled after the Maple drove
Nater Quality Commission, and a representative
living on each lake in Plymouth could serve as a
member.
Councilmember Ricker and Mayor Bergman withdrew
the motion and second.
MOTION was made by Councilmember vasiliou,
seconded by Mayor Bergman, to defer this issue
until a Nater Quality Commiesion is established.
Motion carried, five ayes.
Policy on City
Funding of
Eurasian dater
Milfoil
Eradication
item 9-F
Regular Council Meeting
April 22, 1991
Page 139
MOTION was made by Councilmembe r Helliwell,
seconded by Councilmamber Zitur, to adopt
RESOLUTION N0. 91-206 APPROVING CONDITIONAL
PERMIT FOR KEVIN BEGIN FOR LAND RECLAMATION
91015).
RRCAT.i1Ti N 91-206
APPROVING CUP FOR
USE KEVIN BEGIN FOi%
LPM RECLAMATION
91015)
Item *9-G
Motion carried on a roll call vote, five ayes.
Director Tremors presented the staff report on
the request of David and Jane Fredberg for a
Zoning Ordinance Text AMendment to increase the isnumberofdogsallowedbeforeakennellicense
required. He stated that the City Code currently
requires a kennel license for more than two adult
dogs; however, a kennel license is only allowed
in the M District. in all other Districts a
maximum of two adult dogs is allowed.
He stated that the Planning Commission
recommended denial of the request to amend the
Zoning Ordinance definition of "kennel".
Commissioners felt the issue is not driven by
zoning considerations, but rather is a function
of the City Code limitation on the number of
dogs. Some of the Commissioners were sympathetic:
to the petitioner's situation. Director Tremors
recommended the Council discuss the issue of
whether the maximum number of dogs allowed
without a kennel license should be increased.
Jane Fredberu, 13112 Sunset Trail, summarized a
letter she had earlier sent to the Council. She
requested that the Council consider allowing
three dogs, rather than two, in the urban area.
She said many residents own three dogs and are
unaware of the ordinance limit of two dogs. She
suggested that the Council consider increaa.:ng
the allowable number of dogs to three on a trial
basis, if they weren't comfortable making a
permanent change to the ordinance.
Councilmember Vasiliou asked how this issue
arose. Ms. Fredberg statdd that the City
received a complaint about her dog barking, and
she was informed by a Community Service Officer
who responded to the call that only two adult
dogs were allowed. She said that this pronlem
has not been repeated and she could not part with
one of her pets. She owns a 1.4 acre, fencad
Fredberg - Request
for Change in
Number of Dogs
that Constitute a
Kennel (91016)
Item 9-H
Regular Council Meeting
April 22, 3991
Page 140
lot, and she asked that this be considered in the
Council's deliberations.
Councilmember Helliwell noted that tho City has
no ordinance regulating domestic cats which also
cause problems. The size and fencing of a yard
should be a factor in deciding whether the number
of dogs should be increased. She also believes
there are many Plymouth residents with three
dogs, currently in violation of the City's
ordinance. She felt that Ms. 8redberg s)ould not
be asked to give up a pet.
Director Tremere stated it is possiale to draft
an ordinance whi.^h would take into account yard
size and fencing, but he recommended that it not
be made so complea that it is difficult to
enforce. The Council should establish a standard
by determining what it considers an acceptable
maximiun number of doqs or the minimum conditions
that are needed to have more dogs.
Mayor Bergman stated concern over making the
City's ordinance less restrictive or allowing an
exception on an individual request that was not
apparently unique.
Councilmember Zitur stated concern with
increasing the number o: dogs allowed in the
urban areas, particularly in areas of the City
with small lots or cul-de-sacs. He felt that
increasiiag the allowable cumber cif dogs to three,
without requiring fencing, minimum lot sine, or
perhaps other factors, is not reasonable. IIe
stated the City should hold a public
informatioz-al meeting on this topic prior to
acting. Ca1ulcilmember Vasiliou agreed that the
issue should I'm further studied.
Attorney Thomson stated that he could draft an
ordinance amendment for consideration at a future
meeting which would allow the Council to permit a
greater number of dogs but limit it to unique
situations and include previsions that would
ensure controls such as large, Fenced yards.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmembar (ticker, to direct staff
and the City Attoraey to draft a proposed
Regular Council Meeting
April 22, 1991
Page 141
ordinance which would allow the Council. tc
increase the number of dogs allowed without a
kennel license in unique situations, to include
requirements such as fencing and minimum lot
size.
Motion carried, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember
Zitur, to adopt
RESOLUTION NO. 91-207 APPROVING TEMPORARY REAL
ESTATE SALES OFFICE FOR U.S. HOMES CORPORATION
FOR PROPERTY SOUTH OF MEDINA ROAD EAST OE
MUNICIPAL16-22833BOUNDARY01) RELATIVEITO
RPUDL-
OCOI(
90028
PIN
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember
Zitur, to adopt
RESOLUTION N0. 91-208 AUTHORIZING REDUCTION OF
SITE pEpFORMANCE GUARANTEE
FOR69HUHLER, INC.
LOCATED AT 1100 XENIUM LANE 06
Motion carried on a roll call vote, five ayes.
gZSp uTz0N Al -207
APPROVING
TEMPORARY REAL
ESTATE SALES
OFFICE FOR
MITCHELL-PEARSON
SITE
90028)
Item *9-I
MOTION was made by Councilmember Helliwell,
seconded by Couc cilmember
Zitur, to adopt
RESOLUTION N0. 91-209 AUTHORIZING AMENDMENT TO
DEVELOPMENT CONTRACT FOR AND CONSENTING TO
AMENDMENT OF DECIJARATION of COVENANTS OF BAY
POINTE ON ",MONEY LAKE FOR LUNDGREN BROW.
CONSTRUCTION, INC. (89005).
Motion carried on a roll call vote, five ayes.
Manager Millis presented the staff report on theappealofBradleyTruelsonoftheBoardofZoningAdjustmentsandAppealsrulingofdenialforasideyardsetbackforanattachedgarageat2735
Oakview Lane North. The Board dict not find
hardship or unique characteristics with the site, ther sign
availableeto(axpandhthe
as ogarage earea without
ts
the
need for a •rariance.
Bradley Truelson, 2735 Oakotew Lane hjrt
af,
ld
Le was informed in January by phone that
9Ka9"=W--91=M
AUTHORIZING
REDUCTION OF SITE
p.,RFOR VWCE
GUARRNTEE FOR
BUHLER, INC.
89064)
Itum *9-J
d.QLl1'IQ 91-2519
AUTHORIZING
AMENDMENT TO
DEVELOPMENT
CONTRACT FOR DAY
POINTS ON HOONEY
LAKE (89005)
Item *9-K
Bradley Truelson
Appeal of BOZA
Ruling regarding
Side Yard Setback
Item 9-L
Regular Council Meeting
April 22, 1991
Page 142
to maintain a 10' side yard setback. When he
applied for the permit, he was informed that a
15' side yard setback was required for his lot.
He stated that none of its neighbors are opposed
to the request. One neighbor indicated he would
rather that the variance he granted so Truelson's
vehicle or boat would be inr..ide the garage rather
than in the side yard.
MOTION was made by Councilmember Ricker, seconded
by Councilmsmb3r Vasil.iou, to adopt RESOLUTION
NO. 91-210 APPROVING APPEAL OF BOARD OF ZONING
ADJUSTMENTS AND APPEALS RULING BY BRADLEY
TRUELSON, 2735 OMMEW LANE NORTH (04-01-91).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-211 APPROVING APPRAISALS FOR
EMINENT DOMAIN PROCEEDINGS, CITY PROJECT NO. 948.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember. Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION N0. 91-212 ORDERING PUBLIC HEARING
THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENTS, DOCUMENT NO. 1661566.
Motion carried on a roll call vote, five ayes.
j',30L.CT'r:ON 31-2 4
APPROVING APPEAL
OF BOARD OZ ZONING
RULING BY BRADLEY
TRUELSON
04-01-91)
Item 9-L
RE3QL9TION 91 -?.11
APPROVING
APPRAISALS FOR
EMINENT DOMAIN,
PROJECT NO. 948
Item *9-M
RESOLOION 91-212
SETTING PUBLIC
ON HEARING ON
VACATION OF
EASEMENTS IN
PROPOSED CHURCHILL
FARMS ADDITION
Item *9-N
MOTION was made by Councilmember Halliwell
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-213 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATI3N OF A STREL'.+, UTILITY, AND
DRAINAGE EASEMENT.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmsmber Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-214 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF A DRAINAGE AND UTILITY
EASEMENT, DOCUMENT N0. 4027270.
Motion carried on a roll call vote, five ayes.
nx:s0 •UTION 9: 213
SETTING HEARING ON
EASEMENT VACATION
Itom *9-N
gKjQ.LVT=- 91--219
SETTING HEARING ON
EASEMENT VACATIONS
Item *9-N
Regular Council Meeting
April 22, 1991
Page 143
MOTION was made by Councilmember Helliwell, RESOLUTION 91=215
seconded by Councilmember Zitur, to adopt ESTABLISHING
RESOLUTION NO. 91-215 ESTABLISHING MUNICIPAL MUNICIPAL STATE
STATE AID HI:4gWAY, PEONY LANE. AID STREET - PEONY
Motion carried on a roll call vote, five ayes. Item *9-0
MOTION was made by Councilmember Helliwell, RESO UTIQN 91-216
seconded by Councilmember Zitur, to adopt ESTABLISHING
RESOLUT70N NO. 91-216 ESTABLISHING MUNICIPAL MUNICIPAL STATE
STATE AID HIGHWAY, DUNKIRK LANE. AID STREET -
DUNKIRK LANE
Motion carried on a roll call vote, five ayes. Item *9-0
MOTION was made by Counrilmember Helliwell, RESOLUTION 91-217
seconded by Councilmember Zitur, to adopt ESTABLISHING
RESOLUTION NO. 91-217 ESTABLISHING MUNICIPAL MUNICIPAL STATE
STATE AID HIGHWAY, 54TH AVENUE. AIG STREET -
54TH AVENUE
Motion carried on a roll call vote, five ayes. Item *9-0
MOTION was made by Couiicilmember Helliwell, REsoLuT ON 91--211
seconded by Councilmember Zitur, to adopt ESTABLISHING
RESOLUTION NO. 91-218 ESTABLISHING MUNICIPAL MUNICIPAL STATE
STATE AID HIGHWAY, SHELARD PARKWAY. AID HIGHWAY -
SHELARD PARKWAY
Motion carried on a roll call vote, five rsyoe. Iteem *9-0
MOTION was made by Councilmember Helliwell, RESOLUTION 91-219
seconded by Councilmember Situr, to adopt REVOKING MUNICIPAL
RESOLUTION NO. 91-219 REVOKING MLNICIPAL STATE STATE AID
AID HIGHWAY, WEST MEDICINE LACE DRIVE. HIGHWAY - WEST
MEDICINE LAKE
Motion carried on a roll call vote, five ayes. DRIVE
Item *9-0
MOTION was made by Councilmember Helliwell, ggg_=TIJN 91-220
seconded by Councilmember Zitur, to adapt ACCEPTING PETITION
RESOLUTION NO. 91-220 DECTARING ADEQUACY -)F AND ORDERING
PETITION AND ORDERING PREPARATION OF REPORT, REPORT FOR STREET
STREET LIGHTING - PARKSIDE AT MEDICINE LAKE LIGHTING, PARKSIDE
ADDITION. AT MEDICINE LAKE
ADDITION
Motion carried on a roll call vote, fivE ayes. Item *9-P
Regular Council Meeting
April 22, 1991
Page 144
MOTION was made by Councilmember Helliwell,
RESOLUTION 91-221
seconded by Councilmember Zitur, :o adopt RECEIVING REPORT
RESOLUTION NO. 91-221 RECEIVING REPORT AND AND ERING
ORDERING PROJECT - STREET LIGHTING PARKSIDE AT PROJECT - STREET
MEDICINE LAKE ADDITION.
LIGHTING, PARKSIDE
AT MEDICINE LAKE
Motion carried on a roll call vote, five ayes. ADDITION
NP
MOTION w xs made by Councilmember Helliwell, RESOLULUM 91-222
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION NO. 91-222 REDUCING DEVELOPMENT BOND, S OVILLEEN3INND,
SCOVILLE BUSINESS PARK (82062).
ESS
Ppm (82062)
Motion carried on a roll call vote, five ayes. Item *9-Q-1
MOTION was made by Councilmember Helliwell, $F•O U'1'ION 91-223
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION NO. 91-223 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
NONORTH
FERNDAI,E NORTH 4TH ADDITION (A-615).
ADDITION (A-615)
Motion carried on a roll call vote, five ayes. item *9-Q-2
MOTION was made by Councilmember Helliwell, g UTION 91-229
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION NO. 91-224 REDUCING DVMLOPME14T BOND, DEVELOPMENT BOND,
FOX RUN ADDITION (82066). FOX RUN ADDITION
82066)
Motion carried on a roll call vote, five ayes. Item *9-Q-3
MOTION was made by Councilmember Helliwell, RESOLUTION 91-225
seconded by Councilmember Zitur, to adopt REDUCING
RESOLUTION NO. 91-225 REDUCING DEVELOPMENT BOND, DEVELOPMENT BONDr
OAXDALE WEST THIRD ADDITION (84097). THIRD
ADDITION (64097)
Motion carried on a roll call vote, five ayes. Item *9-Q-4
MOTION Was made by Counnilmember Helliwell, MOLUTIO 91-W
seconded by Councilmembc;r Zitur, to adopt AWARDING BID -
RESOLUTION NO. 91-226 A;ARDING BID, NORTHCENTRAL ORTTR NTP
ETR
TRUNK S LWER - PHASE I, CI9k PROJECT NO. 015. SEWEIt
PROJECT NO. 015
Motion carried on a roll call vote, five lyes. Item •9-R
7
Regilar Council Meeting
April 22, 1991
Page 145
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-227 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR
BIDS, POND BC -P1 OUTLET I1pROVEMENTS, CITY
PROJECT NO. 016.
Motion carried on a roll call vote, five ayes.
NOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-226 ORDERING PLANS AND
SPECIFICATIONS, COUNTY ROAD 10 WATERMA,IN, CITY
PROJECT NO. 110.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-229 ORDERING PLANS AND
SPECIFICATIONS, PLYMOUTH BUSINESS CENTER 5TH
ADDITION, STR :T, UTILITY AND TRAIL IMPROVEND;NTS,
CITY PROJECT NO. 715.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-230 APPROVING CHANGE ORDER NO.
40 SCHMIDT LAKE ROAD IMPROVEMENTS, CITY PROJECT
N0. 705.
Motion carried on a roll call vote, five ayes.
MOTION wag made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-231 APPROVING MAINTENANCE
AGREEMENT, WATER QUALITY TREATMENT PONDS, BASS
CREEK BUSINESS PARK ADDITION.
Motion carried on a roll call vote, five ayes.
guOT.IrrTAN 9i -227
APPROVING PLANS
AND SPECS AND
ORDERING
A9VERTISEMENTS FOR
BIDS, POND BC -P1
IMPROVEMENTS
PROJECT NO. 016
Item *9-S
o4QAT.IITTAN 91-228
ORDERING PLANS AND
SPECS, COUNTY ROAD
10 WATERMAIN,
PROJACT NO. 110
Item *9-T
Oy.snuITTAN 91---M
ORDERING PLANS AND
SPr:CS, PLYMOUTH
BUSINESS CENTER
5TH ADDITION
PROJECT NO. 715
Item *9-U
gRISQyuTZON 91-23Q
APPROVING CHANGE
ORDER NO. 4,
SCHMIDT LAKE ROAD
IMPROVzmENTS'
PROJECT NO. 70'
Item *9-V
RESOLUTION 91-231
APPROVING
MAINTENANCE
AGREEMENT, WATER
QUALITY TREATMENT
PONDS, BASS CREEK
BUSINESS PARK
ADDITION
Item *9-W
Regular Council Meeting
April 22, 1991
Page 146
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-232 REQUESTING MINNESOTA
DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED
STUDY - VICKSBURG LANE.
Motion carried on a roll call emote, five ayes.
RESOLUTION 91-232
REQUEST MNDOT TO
CONDUCT SPEED
STUDY - VICKSBURG
Item *9-X
MOTION was made by Councilmember Helliwell, RESOLUTION 91-233
seconded by Councilmember Zitur, to adopt INSTALLATION CF
RESOLUTION NJ. 91-233 INSTALLATION OF STOP SIGNS. STOP SIGNS
Item *9-Y
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to adopt RESOLUTION NO.
91-234 REQUEST FOR PAYMENT NO. 2 AND FINAL, 1990
SEAL COAT PROGRAM.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-235 REQUEST FOR PAYMENT NO. 8
AND FINAL, DEEP WELL NO. 11, CITY PROJECT NO.
909.
Motion carried on a roll call vote, five ayes.
MOTION was ,wade by Councilmember Zitur, seconded
by Councilmember Ricker, to adopt RESOLUTION NO.
91-236 REQUEST FOR PAYMENT NO. 9 AND FINAL,
SCHMIDT LAKE ROAD STREET AND UTILITIES, CITY
PROJECT NO. 705.
Councilmember Vasiliou stated the City has
experienced a number of problems with this
contractor and asked if staff proposes to award
future projects to this firm.
Director Moore stated that the firm has not bid
on any further projects. The court will resolve
the question of whether the City's payment is
made to the bonding company or the contractor.
Councilmember Vasiliou suggested that before any
further work is awarded to this contractor, the
Council discuss the issue. She asked if the
RzAQL•UTION 91-234
REQUEST FOR
PAYMENT NO. 2 AND
FINAL, 1990 SEAL
COAT PROGRAM
Item 9-Z-1
RESOLUTION 91-235
REQUEST FOR
PAYMENT NO. 8 AND
FINAL, DEEP WELL
NO. 11, PROJECT
NO. 909
Item 9-Z-2
RESOLUTION 91 -?.36
REQUEST FOR
PAYMENT NO. 9 AND
FINAL, SCHMIDT
LAK. ROAD, PROJECT
NO. 705
Item 9-Z-3
Regular Ccuncil Meeting
April 22, 1991
Pace 147
problems on this prcject could be considered by
the Council when awarding future bids.
Attorney Thomson stated shat if the contractor is
the low bidder on a future project, the question
should be considered at that time. The amount of
the current contract is not in dispute; only to
whom the amount wi 2 1 be distributed.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Counci 3.member Zitur, to adopt
PESOLUTION NO. 91-237 APPROVING DISBURSEMENTS FOR
THE PEP.IOD ENDING MARCH 31, 1991.
Motion carried oil a roll call vote, five ayes
Assistant Manager Boyles explained the request of
GFT Ino., for a pro -rata refund of an on -sale
intoxicating liquor license fee. The firm
discontinued business one month after the license
fee was paid. The City Code does not provide for
a refund except in special circumstances which
this licensee does not meet. However, the state
law permits the Council to refund s liquor
license fee if "The licensee ceases to carry on
the licensed business under the license." The
amount of the unused portion of the license feo
is $2,733.38. Assistant Manager Boyles also
asked if the Council wished to consider an
ordinance amendment which would permit staff to
refund the unused liortion of liquor license fees
in future similar situations.
Councilmembers indicated they would like to
consider requests f -3r refund of liquor license
fees on a case-by-case basis. They felt this
situation was unique because the licensee was
only in business for one month after payment of
the fee.
RL%3a TON 91-2AU
APPROVING
DISBURSEMENTS FOR
PERIOD ENDING
3-31-91
Item *9 -AA
GFT Inc., Request
for Refund of
Liquor License Fee
Item 9 -BB
MOTION was made by Councilmember Zitur, seconded U6QLS'zi _91=LU
by Councilmember Vaeiliou, to adopt RESOLUTIONOFPPRORATAOVING RLUNDICENSE
NO. 91-238 APPROVIb3 REQUEST FOR PEFUND OF FEE TO GFT INC. PRORATA LICENSE FSB. TO GFT, INC.
Item 9 -BB
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 22, 1991
Page 148
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zltur, to adopt
RESOLUTION NO. 91-239 SETTING PUBLIC HEARING ON
OFF -SALE INTOXICATING LIQUOR LICENSE APPLICATION
FOR M.G.M. NINE a SPIRITS, INC.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION N0. 91-240 FINDING NO OBJECTION TO
LAWFUL GAMBLING EXEMPTION FOR MISSING CHILDREN
MINNESOTA.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-241 APPROVING 1991 CIGARETTE
LICENSE APPLICATIONS.
Motion carried on a roll call vote, five, ayes.
MOTION was made by Councilmember Vasili.ou,
seconded by Councilmember Zltur, to defer
consideration of the 1992 Street Reconstruction
Program Marketing Plan to the Special Assessment
Committee meeting to consider the enure 1992
Reconstruction Program.
Councilmember Vasiliou indicated some concern
over language in the staff report
ghthat atathe
thatproposedplanis "agg asive
the plan should not be implemented if it cannot
be completed. This should be r_ddressed at the
Special Assessment Committee meeting.
Motion carried, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-242 REQUESTING THE METROPOLITAN
WASTE CONTROL COMMISSION TO ADVANCE THE
PROGRAMMING OF THE ELM CREEK INTERCEPTOR IN THEIR
PROPOSED WASTE WATER TREATMENT AND HANDLING
IMPLEMENTATION PLAN YEARS 1992-2010.
Motion carried on a roll call vote, five ayes.
OESOLUTION 91-239
SETTING HEARING
OFF -SALE LIQUOR
APPLICATION FOR
M.G.M. WINE 6
SPIRITS, INC.
Item *9 -CC
RxaO-UTION 91-244
FINDING NO
OBJECTION TO
LAWFUL GAMBLING
EXEMPTION
Item *9 -DD
APPROVING
CIGARETTE LICENSES
Item *9 -EE
1991 Street
Reconstruction
Program Marketing
Plan
Item 9 -FF
Rm.gnr.uTION 91-242
EI,M CREEK
INTERCEPTOR
PROJECT
Item *9 -GG
Regular Council Meeting
April 22, 1991
Page 149
Manager Willis stated that the 1991 budget
contemplated that the new position of Solid Waste
Coordinator be created. As part of the budget
review process, the Council directed that the
position be funded, but not filled, until further
justification could be provided. The Council
received a staff report outlining the need to
fill this position.
Councilmember Ricker stated that if the position
is filled, it should only be on a temporary
basis.
Councilmember Zitur suggested that the decision
be delayed for two months. It was his belief
that the Communication Coordinator position would
assist with recycling, particularly with
publicity. He also suggested that the "It's Not
Trash, It's Cash" Incentive Program be
discontinued.
Councilmember Vasiliou suggested that the
position could be job -shared with another
community.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to defer
consideration of filling the Solid Waste
Coordinator position for 60 days.
Councilmember Helliwell stated that the money
used in the "It's Not Trash, It's Cash" Program
comes from Hennepin County. She asked if these
funds would no longer be available to the City if
the program was discontinued?
Councilmember Vasiliou stated the money can be
used for other marketing efforts.
Councilmember Vasiliou and Councilmember Zitur
withdrew their motion and second.
MOTION was made by Councilmember Vasiliou,
seconded by Mayor Bergman, to authorise staff to
proceed with filling the Solid Waste Coordinator
position on a temporary baois for no shorter than
90 days and no longer than December 31, 1991,
unless the position is authorized in the 1992
budget.
Solid Waste
Coordinator New
Position
Item 9 -HH
Regular Council Meeting
April 22, 1991
Page 150
Motion carried, five ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to discontinue
the "It's Not Trash; It's Cash" Program until
awptember 1, 1991, and to reevaluate the Program
at that time.
Motion carried, five ayes.
rinance r.Lrector Hahn presented the quarterly
statue report on insurance claims.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zit_tr, to accept the
quarterly status report on insurance claims.
Motion carried, Rive ayes.
Finance Di rector Hahn presented the quarterly
financial report. He noted that permit activity
is slightly down over last year, and interest
earnings are also down. A zeduction in
Intergovernmental Revenue reflects cuts from the
state.
MOTION was made by Councilmember Rickert seconded
by Councilmember Zitur, to accept the quarterly
financial report.
Motion carried, five ayes.
MOTION was made by Councilmembor
by Mayor Bergman, to accept the
on pending civil litigation.
Motion carried, five ayes.
Ricker, seconded
quarterly report
Discontinue "It's
Not Trash; It's
Cash" Recycling
Content
insurance Claims -
Quarterly status
Report
Item 10-A-1
Quarterly
Financial Report
Item 10-A-2
Quarterly Report
on Pending Civil
Litigation
Item 10-A-3
Councilmember Vasiliou asked that the following City Council
item be added to the list of City Council
Directives
directive as Conduct study session to review Item 10-B
procedure for designating consulting engineers.
MOTION was made by Councilmember Vasiliou,
sf.conded by Councilmember Helliwell, to accept
the City Council Directives Report. with the
addition noted above.
Regular Council Meeting
April 22, 1991
Page 151
Motion carried, five ayes.
Park Director Blank presented an interim report Report on
on sidewalks and trails in the City. He showed a Sidewalks
map of the City's Trail Plan, as well as the item 10-C
areae where new sidewalks and trails are most
often requested by residents. Director Blank
explained procedures used in other communities
for providing sidewalks, and addressed the need
for sidewalk in the downtown Plymouth area.
Director Blank recommended that the Council
consider the following options:
A. Adding trails or sidewalks on road projects
that are currently underway or being
contemplated, e.g. County Road 10,
Northwest Blvd. north of County Road 9,
and Medina Road.
B. Using alternative funding scurc:es such as
MSA funds, tax increment financing, and
general fund dollars to expedite the
completion of the existing tr,asl system
plan.
C. Performing some type of citizen survey to
further identify interest in additional
sidewalk installation.
D. Hiring a traffic consultant to identify the
hazardous areas and high pedestrian use
streets where sidewalks/trails are needed
for safety reasons.
Councilmember Ricker stated that the County
participated in funding sidewalks along County
Road 6 in conjunction with the street
reconstru,:tion. He suggested that the City
request the same participation for
trails/sidewalks on both sides of County Roads 9
and 10 when reconstructed.
Councilmember Vasiliou stated the staff report
indicates that other communities levy a specific
amount to maintain and replace sidewalks.
Plymouth needs to identify these maintenance
coats.
in City
Regular Council Meeting
April 221 1991
Page 152
MOTION was made by Councilmember Ricker, asuonded
by Councilmember Zitur, to hire a traffic
consultant to identify the hazardous areas in the
City where sidewalks/trails are most needed, and
to direct staff to contact Hennepin County
regarding cost sharing for trail installation
along both sides of County Road 9 and County Road
10.
Motion carried, five ayes.
Director Moore presented a report on site Site Location for
location for Well No. 11 and drilling for future Well No. 11 and
wells at Zachary treatment plant well field. Future Wells
Item 10-D
MOTION was made by Councilmember Ricker, seconded
by Councilmember vasiliou, to accept the report
on well site le cations and drilling efforts and
to authorize the Public Works Director to
continue with these efforts.
Motion carried, five ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 91-243 IN SUPPORT OF RUTH FRANKLIN
FOR REAPPOINTMENT TO THE REGIONAL TRANSIT BOARD.
Motion carried on a roll call vote, five ayes.
The Council diacuased establishment of a
C meunity Safety Co-mmittee, a Drug Awareness Task
Force and a Suter Quality Commission. Staff
recommended that these be discussed during the
budget process.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to establish a Water
Quality Commission and to direct staff to
recommend a general outline of a proposed charge
and membership for the Commission, with
membership to include a representative living on
each lake in Plymouth.
Mayor Bergman suggested that the Commission
address wetland issues including chemical :an.)ff.
Motion carried, five ayes.
aQLgx=K 91-293
SUPPORTING
REAPPOINTMENT OF
RUTH FRANKLIN TO
REGIONAL TRANSIT
BOARD
Item *10-E
Community Safety
and Drug Awareness
Task Forces
Item *10-F
Nater Quality
Commission
Item 10-F
Regular Council Meetini
April 22, 1991
Page 153
The Council discussed the proposed Drug Awareness
Task Force. Councilmember Vasiliou stated the
Council can wait to consider establishment of
this Task Force until budget discussions;
however, sho would like to address the D.A.R.E.
Program prior to the start of another school
year.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to direct th-
City Manager to sand a letter to school
superintendents and school board chairs, copied
to principals, of each school where the D.A.R.E.
Program is offered, indicating that because of
state funding cuts to local governments and
anticipated further cute, the City may not be
able to continue its funding level of the
D.A.R.E. Program for the next school year; What
kind of sharing relationship can the schools
partic'--pace in?
Motion carried, five ayes.
The Council decided to delay consideration of a
Community Safety Committee until 1992 budget
discussions.
MOTION was made by Councilmember W.cker, seconded
by Councilmember zitur, to defer coneide-x+tiun of
policy and ordinance amendment with :eerwct to
boards, Commissions, and Committees; and to de,!er
appointments to Boards and Cohunissiona until the
next meeting. The Council will conduct a study
session to digcusa this '.sane, is well as the
recommendations of the Financial Task Force.
Mutior carried, :ive ayes.
Councilmeml it Vasiliou -!fa' ed that ! tie City
Manager has responded to a E.revious CouncV.
question that the City Counril caruiot expand the
number of memi,ers of the HoL -ing and
Redevelopment Authority. Fives members 's
specified by statute.
MOTION was madT by Coun Almemt ^3 i t ui , E•.nconde i
b7 Councilmember Rickei , to ac:: ••r't the ''-IF; ttal
Improvement end Project Status 1 - portr.
D.A.R.E. Program
Item 10-F-2
Community safety
Committee,
Item 10-F-1
Boards and
Commissions
Item 10-G and
Item 10-H
Housing and
Rodevt1opment
Authority
Project status
Reports
ttem i^ -I
Regular Council Meeting
April 22, 1991
Page 154
Motion carried, five ayes.
Manager Willis presented a Legislative Update,
including the tax bill status-
Legislative Update
Item 10-J
MOTION was made by Councilmember Ricker, seconded RE SO TIO 91-244
by Councilmember Helliwell, to adopt RESOLUTION ADVERTISEMENT FOR
NO. 91-244 AUTHORIZING ADVERTISEMENT FOR BIDS FOR BIDS FOR
BASS LAKE AND PAR"" LAKE PLAYFIELDS.
Councilmember Ricker stated that the Financial
Task Force Report identified funds available for
future capital improvement projects. The Council
has already received plans and specifications for
the Bass Lake and Parkers Lake Playfields, and he
recommended that the City advertise for bids to
be received by May 23, in order that the Council.
can consider an award on June 3.
ie stated that prior to receipt of bids, staff
should develop an estimated maintenance cost for
Council review.
Councilmember Zitur stated he supports
construction of these parks. He would like to
conoider lighting and other amenities for each
park on an individual basis.
Councilmember Helliwell stated her neighborhood
desperately needs a park, and she will support
the projects moving ahead.
Mayor Bergman stated the Financial Task Force
Report recommended that the Cit!r more fully
assess the current needs for both parks beforeCouncil
ordering construction. He juggested the
discuss the needs further before advertising for
bide.
Councilmember Ricker stated the Council has
evaluated the need for these parks thrt:ljgh public
hearings at the Planning Commission and Pe;.K and
Recreation Advisory Commission. He said the only
information that is missisig is the estimated cost
to maintain the parka, which staff will provide
before the bida are considered by Council.
Regular Council Meeting
April 22, 1991
Page 155
Councilmember Vasiliou objected to this item
being added at the end of the meeting without
prior public notice that it was on the agenda.
She also noted that a group had appeared at the
Forum earlier in the evening complaining about
user fees. She agrees that Bass Lake Flayfield
is needed, but the Council can't consider adding
this playfield if veers can't afford to pay fees
to use the existing playfielde.
Manager Willis stated that when the plans and
specifications were originally prepared, the
language permitted the Council to proceed with
one park, doth parks, or neither park. He stated
the bidding could be conducted in the same
manner.
Councilmember Vasiliou asked if this action binds
the Council to go forward with either project?
Manager Willis stated no; the Council reserves
the right to reject all bids.
Motion car --led on a roll call vote; Helliwell,
Ricker, Zitur ayes; Vasiliou ar.d Bergman nays.
MOTInN was made by Councilmembetr Helliwell,
seconded by Councilmembsr Ricker, to adopt
RESOLUTION NO. 91-245 AUTHORIZING USE OF QUICK -
TAKE IN CONDENNATION PROCEEDINGS FOR THE
ACQUISITION OF A COMMUNITY LIBRARY SITS, CITY
PROJECT 103. The resolution provides that the
City Attorney is directed to proceed with quick -
take condemnation proceedings if no purchase
agreement Is negotiated by Friday, April 26.
Councilmember Helliwell stated the action was not
intended to atop or hinder the efforts of the
City consultant to acquire the land.
Mayor Bergman objectsll to this motion and asked
the City Attorney to comment on the City's
potentJal exposure.
Attorney Thomson explained that the property
owner is given 90 days notice of the quick take
action, a hearing is held, and if quick -take
procedures are approved, the City deposits the
City's appraised value in escrow. The only issue
left to be resolved is the exact amount of the
award.
RESOLUTION 91-245
AUTHORIZING USE OF
QUICK -TAKE IN
CONDEIMNATION FOR
COMMUNITY LIBRARY
SITE
Regular Council Meeting
April 22, 1991
Page 156
Mayor Bergman and Councilmember Vasiliou objected
to this approach because once the quick -take is
authorised and money is deposited by the City,
the process cannot be reversed.
Motion carried on a roll call vote, Helliwell,
Ricker, and Zitur ayes; Vasiliou and Bergman
nays.
MOTION was made by Councilmember Helliwell, Library
seconded by Councilmember Ricker, to direct the
City Attorney to meet with representatives of the
Library Board during the 90 day quick -take period
and to prepare for deeding the :.8 acres needed
for a library site from the City to the Library
Board.
Mayor Bergman objected to this action stating
that the City has no assurances that Hennepin
County will construct a library if the property
is deeded.
Motion carried on a roll cell vote; Helliwell,
Ricker, and Zitur ayes; Vasiliou and Bergman
nays.
MOTION was made by Mayor Bergman, seconded by
Councilmember 21tur, to direct staff to review
the City's present code and ordineuice provisions
with respect. to storage and parking of junk cars,
recreation vehicles and the like, in residential
areas, and to propose more stringent standards.
He cited a recent example of ongoing vehicle
storage which presented a blight situation in a
neighborhood.
Motion carried, five ayes.
The meeting was adjourned at 11:13 p.m.
f(.L _ • i 111 f
ty Cler
Regular council %Meting
1pril 22, 1991
Page 1S"
CITY OF PLYMOUTH
SUNIlviARY OF FINANCIAL
199
K FORCE REPORT
APRIL
The purpose of the financial task force has uo , pooreview
he City'sfuturecial rstory Of
finanncial
the city, evaluate Plymouth's cunent financial po p fneedsandmakerecommendationstomeetthefuturefinancialneedso the City.
CONCLUSIONS:
1. The City of Plymouth has been well managed on a fiscally conservativebasis. The City has utilized available funding methods in an effectivemannerwithoutoverextendingitselfwithgeneralobligationbondsortax
increment financing.
Due to the anticipated continual growth of the City, the general fund levy
limitations currently mandated by the state (an annual increase of 3% plus
one-half of population growth) will create general fund deficits in futurewill
ears. Under these limitation the City's portion of total property taxes
continue to decrease.
3. Cuts in State Homestead and Agricultural Credit Aids (HACA) will be less
serious for Plymouth than for many other cities. HACA accounts for
appriximately 12% of Plymouth's 1991 budget, other cities may receive as
much as 50,t of their revenue from HACA.
4. The capital cost of new and replacement streets, sewer and waterinfrastructurehasbeenandcancontinuetobefundedthroughspecial
assesbments and ;tility charges
5. Through prudent management of its financial resci,rces the City has builtsubstantialreserveswhichareavailabletofundfuturecapitalimprovements. As summarized on the attached schedule, the City's estimated December 31,
1990 fund balances mere $85 million We believe $13.6 million of these
funds are available for current and future capital improvement projects. By
the year 2004 an estimated additional $7.1 million in ; wrest earned on
special assessments will be available for capital improvements.
RECONStENDATIONS:
Maintain a general fund reserve of 40% of the annus budget to meet short-
term revenue shortfalls or unanticipated one-time ext tordinary expenditures.
the current balance of $3.9 million is approximately 40% of the current
budget.
Before committing to major new capital pro.ects the City should also
evaluate their impact on future operating and mai;tut Hance costs.
Regular Council Meeting
pril 22, 1991
Page 158
3. $13.6 million of the City's current discretionary funds should be used toA. d' 'orestablishapermanentCapitalImprovementFund (CIF) for n mg mai
new capital projects. A minimum balance should be maintained in the OF
by limiting expenontures.
4. Financial forecasts beyond one year are necessary:
a. The City staff should develop five year summary operatingre%enue and expenditure projections for all budgeted funds.
b. Establish a formal strategic planning function that will work
with the City Council to analyze and select goals and
objectives for the City.
5. Establish a Contingency/Disaster Recovery Plan for all phases of City
government.
6. Analyze the City's operational effectiveness including the qua'9ty of service,
functional organization, staffing levels, performance standards, etc. Since
government isn't faced with the market place economics of the private
sector, it is critical the city's human resources be managed for maximum
effectiveness.
7. Seek to increase citizen participation and input in all aspects of local
government including voluntary participation in park and recreation activities
and membership on City commissions and committees.
8. Several specific capital projects were referred
is
the
safety and
relateancial
d
k force for
input. We believe that the public works, p y y
Center improvements are needed and would be properly funded through the
Capital Improvement Fund. We also recommend that these projects should
be built in phases so as to minimize the constnictit i of excess space before
it is neede.t.
Prior to the development of fie Parkers Lake and Bass Lake Playfields, w. -
recommend that the City more fully assess the current needs for such
expenditures. These parks s'tould also be built in phases so as to minimae
over building these facilities
9. Obtain broad-based citizen input and consensus before undertaking any
further work on a community center.
10. The Citv Council should refrain from purcF asing the site for the proposedseniorcitizenhousingprojectuntilsuchtimeasamarketstudyand
feasibility study have been completed. The City should consider the cost to
taxpayers versus the benefits and risks.
11. To carry on the function begun by the Financial Task Force, the CityCouncilshouldappointapermanentFinancialAdvisoryCommittee.