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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.