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HomeMy WebLinkAboutCity Council Minutes 07-22-1991MINUTES REGULAR COUNCIL MEETING JULY 22, 1991 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 1:00 p.m. in the Council Chambers of the City Center, 3000 Plymouth Blvd., on July 22, 1991. PRESENT: Mayor Bergman, Councilmembera Ricker, Vasiliou, and Zitur ABSENT: Councilmember Helliwell STAFF PRZSE14T: City Manager willia, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Finance Director Rahn, Park Director Blank, Public Safety Director Carlquist, City Attorney Thomson, and City Clerk Rauenhoret YR P RNTATIONS Steve Polson, Polson-Trossen-Wright Architects, City Center Space presented the City Center Space Needs Report. He Needs Report stated the purpose of the report is to address item 4-A the issue of how much additional space andrenovationoftheexistingcitycenterspace is needed Ince the public safety department moves to its new building. The study focused on five departments: administration, community development, park and recreation, finance, and public works, as well as meeting room and public common apace. The study projects apace needs to the year 2011, assuming that the ratio of staff to population romaine the same. Mr. Polson stated it is essential that work areas be arranged to accommodate efficiency, and he showed diagrams which reflect functional arrangement. He stated that the office and meeting apace areas currently occupy 14,000 sq. ft., compared to the actual current need of 19,500 sq. ft. By the year 2011, he estimated the need st 29,000 sq. ft. The total estimated cost to renovate the existing space, construct an expansion, and 0 Regnlar Council Meeting July 22, 1991 Page 263 construct the link to the public safety building is $2,121,000. Mayor Bergman stated that at a study session held prior to the meeting, staff was given direction to propose financing alternatives for such a project. CONSENT "FDA Item 8-B was removed from the Consent Agenda. MOTI017 was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Ziturt seconded by Councilmember Ricker, to approve the minutes of the July 1 meeting. Mo*ion carried on a roll call vote, four ayes. 460 Mayor Bergman opened a public hearing at 7:!U p.m. on an on -sale intoxicating liquor license for Radisson Hotel Corporation, 3131 Campus Drive. A representative of the applicant was preaunt to answer questions. Mayor Bergman a:osed the hearing at 1:10 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-391 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FCR RADISSON HOTEL CORPORATION. Motion carried on a roll call vote, four ayes. Mayor Bergman opened a public hearing at 7:11 p.m. on vacation of 50 1/2 Place in Sunrise Hill Addition. No one appeared Lnd the hearing was closed at 7:11 p.m. 0 Consent Agenda Item 5 Minutes Item *6 RESOLUTION 91-3,U APPROVING LIQUOR LICILISE rOR RADIISON HOTEL CORPORATION Item 7-A Regular Council Meeting July 22, 1991 Page 264 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESt)LUTION NO. 91-392 AUTHORIZING THE VACATION OF 56 1/2 PLACE NORTH, SUNRISE HILL ADDITION. motion carried on a roll call vote, four ayes. Mayor Bergman opened a public h ariorat 7:1 Inc., p.m. on the request of Opp Y n issued by theS00, 000 Minneapolisncommunityveue Bond iDevelopto befortoDevelopment Agency (MCDA). Manger Willis stated that Opportunity Workshophasrequestedapprovalofarevenuebondissue in order to oportunitiest a aforiits clients. The to provide work and training opportunitiesMinneapolisCommunity Development Agency would issue tax exempt bonds so the project can be undertaken. The City of Plymouth acts as a conduit to accomplish this. There is no general liability to the City nor is there any liability to the Plymouth taxpayers. Mayor Bergman closed the hearing at 7:13 P•i- MOTION was mode by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-393 AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT WITH THE MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY, RELATING TO THE FINANCING OF A PROJECT FJiF, OPPORTUNIT} WORKSHOP, INC. BL%nQTiON 81-392 AUTHORIZING VACATION OF 50 1/2 PLACE NORTH, SUNRISE HILL ADDN. Item 7-B Motion carried cn a roll call vote, four ayes. UT7 TIONB• n" aTc nt]D CONQ+ii]NICATI04 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-394 APPROVING AMENDED SITE ?LAN FOR LEN BUSCH ROSES FOR THE CONSTRUCTION OF LANDSCAPE SCREENING BERM (90038). Motion carried on a roll call vote, f'-'" ayes. Opportunity Workshop Item 7-C ESott,uTz0N 91-3.94_ APPROVING AMENDED SITE PLAN FOR LEN BUSCH ROSES FOR LANDSCAPE SCREENING BERM 90038) Item *8-A 0 0 Regular Council Meeting July 22, 1991 Page 265 Community Development Director Tremere stated that the Planning Commission voted to recommend approval of the request of Hennepin County to amend the Master Plan and Conditional Use Permit and Site Plan for a new women's facility and a new parking lot. A variance is included in the request because two structures would be on the same parcel. Diree, 5r Tremere stated that staff and the Planning Commission recommend that the Site Improvement Performance Agreement specify completion of all site improvements within 12 months. Hennepin County has requested that this be amended to 30 months. Staff and the Planning Commission also recommend completion of curb/gutter and asphalt surfacing of the previously approved parking area north of the Men's Facility pr1or to issuance of building or grading permits for the new Women's Facility, or the now parking south of the Men's Facility. Hennepin County requested modification of this provision to require completion prior to the issuance of an Cccupancy Certificate. The surfacing of the parking lot north of the Men's Facility was to be completed six years ago, ana staff be 1 ieves the County should fulfill its former commitment prior to undertaking the new facility, and particularly development of another parking lot. Bruce Johneon, 820 Shenandoah Lane, at. -ted he does not believe the Planning Commission was aware of the views of the residents to the south of the Correctional Facility. He requested that the Council stipulate the type of prisoners that can be housed in the facility, and include conditions that would limit noise and alarms used on the a ite. He stated the neighborhood objects to the now parking lot location because it will be within 300 feet of new homes. He suggested that the parking lot be located near and around the buildings rather than extending it to the south. He stated that the neighborA are not being notified when there are escaped prisoners as was previously agreed upon. He noted two incident a of the alarm being heard when the neighbors were not notified. Hennepin County Adult Corrections Facility 90103) item 8-B 0 0 Regular Council Meeting July 22, 1991 Page 266 Gisele Totman, 15510 9th Avenue North. stated that about two weeks ago the correctional facility alarms rang for twenty minutes. She called the facility and was informed it was a fire drill. She stated she was treated rudely by an employee arad asked that the Council limit the siren noise by volume and length. Ms. Totman stated the at ructure was there %hen she moved to the neighborhood; however, the County is not notifying ree i dents of escapes as they agreed. She stated that property owners in the area were not notified of this meeting. Director Tremere stated that on June 14, 1991, property ownera of record within 1,320 ft. of the site were notified of the Planning Commission public hearing. Councilmember Vasiliou stated that in the last six years, she has only been alerted of one escape at this facility. She asked the Cie.y Attorney to comment on whether the City can regulate the type of individuals sert to the Correctional Facility. Attorney Thoma on stated that the City has authority to regulate land use; however, the Council cannot regulate the occupancy of the facility by class of crime or criminal record. Councilmember Vasiliou stated it is unacceptable that the County has not completed the parking lot improvements previously agreed to. She stated this wark should completed immediately before any on the facility begins. She asked if the Public Safety Department is notified of the criminal histories of individuals held at the correctional facility. Director Carl cluiat stated the City is not notified of the individual criminal hiatorien. If that information was provided, things world probably be done the same --it would not affect the service provided by public safety. In the last few year e, he could remember only one escape Attempt of which he was notified. Regular Council Meeting July 22, 1991 Page 267 Mayor Bergman asked Sig Fine, Director of the Adult Corren.tiunal Facility, if he had anycomments. .;ouncilmember Vasiliou asked if anything can be done about neighborhood complaints about profane language used at the facility. Mr. Fine stated that complaints have also been received regarding the loud speaker system. There are plans to install a reader board that will notify men of visitors. Swearing is an offense in the facility, but it is difficult to enforce. He also stated that federal prisoners arta no longer held at the facility. Mr. Fine stated that the new parking lot proposed to the south would be used by staff and not byvisitors. Visitors would still park in the north parking lot. He stated that the previous parkinglotimprovementswerenotcompletedduetoCountybudgetdecisions. The County would propose that the parking lots will be paved before occupancyofthenewfacility. That could save tax dollars. Councilmember Vasiliou stated that the mie of this property for r. correctional facility negatively impacts the surrounding residents who are the taxpayers. The Cointy should be sensitive to making the use as inoffensive as possible. The parking lot should have been completed several years ago, and she believes, should be completed immediately. MOTION was made by C011nvilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-395 APPROVING AN AMENDED CONDITIONAL USE PERMIT AND MASTER PLAN FOR HENNEPIN COUNTY FOR JL -4 ADULm CORRECTIONAL FACILITY (90103). MOTION wag made by Councilmember Vasiliou, seconded by Councilmember Zitur, adoptingRESOLUTIONNO. 91-396 APPROVING A SITE PLAN FOR A NEW WOMEN'S FACILITY AND A NEW PARKING LOT AND A VARIANCE FOR HENNEPIN COUNTY (90103). RESOLUTION 91-395 APPROVING AMENDED CUP AND MASTER PLAN FOR ADULT CORRECTIONAL FACILITY (90103) Item 8-B RESOLUTION 91-39E APPROVING SITE PLAN FOR A NEW WOMEN'S FACILITY AND NEW PARKING LOT - HENNEPIN COUNTY (90103) Item 8-B Regular Council Meeting July 22, 1991 Page 268 Colleen Kuechle, 15500 9th Avenue North, stated her rear yard abuts correctional facility property. She expressed concerns with the parking lot being so far away from the facility. She questioned whether employees will use the new parking lot because it will be so far from the facility, and she expects problems with skateboards- etc. She asked that the County guarantee the new parking lot will be for staff use only. Ms. Kuechle also asked that a berm be constructed for noise and visual relief. She stated that her street has no street lights and is very dark. Major Bergman stated a berm is planned on the south side of the property. He also explained the process for the residents to petition for street lighting if they desired. Public Works Director Moore stated the proposed berm is about six feet high and runs the length of the property on the ,south side, with the exception of a depression for drainage. He n -)ted that the proposed parking lot is 350' away from the residential properties. The Council directed that Public Safety staff report back on the fire alarm situation - how often, how loud, and for what purpose is the alarm sounded? Director Tremors stated that the Council should consider whether to grant the County's request to allow completion of site improvements within 30 months, rather than 12 months as recommended by staff. Councilmember Vasiliou asked why the stuff did not pursue compliance and require the County to complete the parking lot improvements agreed to in 1985. Director Tren.ere stated that the City Council did not require a financial guarantee from the County for completion of the previously required bite improvements. The County chose to not do the work for budgetary reasons. 0 0 Regular Council Meeting July 22, 1991 Page 269 Councilmembers Vao iliou and Zitur stated they would not support the changes sought by the County. Jerry Wisar, Director of Property Management for Hennepin County, requested that all parking lot improvements be required before building or grading permits orene issued. Manager Willis exp:.ained that would require an amendment to Condition No. 9, specifying that both the earlier approved lot and the proposed new lot be done before permits for the new facility were issued. Mr. Wiser stated they proposed allowing 30 months rather than 12 months because the project will still be under construction. A resident asked if there were plans to expand the existing men's facility. Mr. Fine stated that at some point the 60 year old building will have to be reconstructed. He was unaware if there would be plans for expansion. Manager Willis stated that a maximum capacity has been agreed to through the conditional use permit process and residents will be aware through public hearings of future requests to amend the conditional use permit. Bruce Johnson again asked that the City try to regulate the type of individuals sent to the correctional facility. Attorney Thomson stated that the City does not have any control over the type of people by criminal record who are sent to the correctional facility. Mr. Fine stated that some of that information is public and the residents can obtain it if they wish. Mayor Bergman stated he would be willing to meet with the neighbors, and possibly the state representatives, to discuss the problems noted by residents. Regular Council Meeting July 22, 1991 Page 270 MOTION to amend Resolution No. 91-396 Condition No. 9 was made by Councilmember Vasiliou, seconded by Councilmember Zitur: "Completion of required curb/gutter and asphalt surfacing of the previously approved parking area north of the Men's Facility and construction of the new south lot prior to issuance of building or grading permits for improvements approved herein." Motion to amend carried on a roll call vote, four ayes. Main motion to adopt Resolution No. 91-396, as once amended, carried on a roll call vote, four ayes. Motion to adopt Resolution No. 91-395 carried on a roll call vote, four ayes. Directo- Tremere stated that the Planning Commission on a 5-2 vote recommended approval of the request of Bruce Biederman for a conditional use permit for a home occupation to allow small engine repair at 4115 Fernbrook Lane North. The staff recommends approval of the request. Mr. Biederman was present to answer questions. Motion to Amend Bruce Biederman - Request for CUP Item 8-C MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-397 by Mayor Bergman, to adopt RESOLUTION NO. 91-397 APPROVING CUP FOR APPROVING CONDITIONAL USE PERMIT FOR BRUCE BRUCE BIEDERMAN BIEDERMAN FOR A HOME OCCUPATION FOR SMALL ENGINE (91011) REPAIR (91011). Item 8-C Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-399 by Councilmember Ricker, to adopt RESOLUTION NO. DENYING CUP FOR 91- 398 DENYING CONDITIONAL USE PERMIT FOR MARK MARK MCALISTER FOR MCALISTER FOR A HOME OCCUPATION (91040). HOME OCCUPATION 91040) Motion carried on a roll call vote, four ayes. Item *8-D 0 Regular Council Meeting July 22, 1991 Page 271 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-399 APPROVING RESIDENTIAL PLAk4NED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR RICHARD STEINER (91045) RPUD 77-3) . Councilmember Vasiliou stated she understands the staff's concern regarding excessive coverage by structures on a site where the impervious asurface coverage is already in excess of the Zoning Ordinance maximum. However, there is a large amount of common ground in this PUD; therefore, the potential for undesirable precedent is not significant. Also, several :tomes constructed prior to adoption of the Shoreland Ordinance exceed the maximum coverage. Motion carried on b roll call vote, four ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-400 APPROVING LOT DIVISION FOR PRIEM HOMES, INC. (91056) . Motion carried on a roll call vote, four ayes. RESOLUTION -21-M2 APPROVING RPUD PLAN CUP FOR RICHARD STEINER 91045) (RPUD 77- 3) Item 8-E RESOLUTION 91-M APPROVING LOT DIVISION FOR PRIEM HOMES, INC. 91056) Item 8-F MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-401 by Councilmember Vasiliou, to adopt RESOLUTION SETTING CONDITIONS NO. 91-401 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR PRIEM FILING (91056) HODS, INC. (91056) . Item 8-F Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Ricker, Seconded by Mayor Bergman, to adopt RESOLUTION NO. 91-402 DENYING APPEAL OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING BY DENNIS DANGER, 11715 28TH AVENL16 NORTH (06-01-91) . Motion carried on a roll call vote, four ayes. Manager Millie stated that staff was previously directed to work with a lighting consultant to prepare plane and specifications for rink 1 igh:ing at Parkers Lake and to minimize the glare factor of the proposed skating facility. The estimat.e+d cost for lighting installation is 24,000. e RESOLUTION 91_--4_02 DENYING APPEAL OF BOARD OF ZONING RULING BY DENNIS DANGER (06-01-91) Item 8-G Rink Lighting - Parkers Lake Item 8-H Regular 0L .cil :Meeting July 22, 1991 Page 272 Councilmember Vasiliou stated this is much more money than she originally had in mind when directing preparation of plane for the project. Councilmember Ri^.ker concurred. Mayor Bergman asked if this is for permanent lighting? And, will it only be used for speed skating? Park Director Blank stated this is for permanent lighting, and the skating areas are open for all types of skating. He noted that the bid for lighting the hockey and pleasure skating rink at the Baas Lake Playfield is about $20,000. The Parkers Lake facility will light an area over six times the size of the Baas Lake facility. Much of the difference is due to the intensity of lighting needed for the hockey rink. The Parkers Lake rink is not proposed for hockey uar. Councilmember Ricker asked why the coat had increased from the original estimate. He also asked the proposed source of funds for the project. Director Blank responded that the original estimate wee $15,000. Concerns of the neighborhood about glare resulted in a redesign and greater cost. Mayor Bergman suggested that the Council could advertise for bids and perhaps they would be lower than anticipated. He stated it would be desirable to enhance the use of Parkers Lake, rather than construct a new facility. Councilmember Vasilinu suggested that the speedakating club could raise funds for the project because it is a specialized recreational use that would likely most benefit the club. MOTION was made by Councilmember Ricker, seconded by Councilmember Vaailiou, to adopt RESOLUTION NO. 91-403 AUTHORIZING SECURING OF BIDS FOR THE PARKERS LAKE SKATING RINK LIGHTS, but to reserve any decision until budget discussions. Motion carried, four ayes. RESOLUTION 91-403 AUTHORIZING BIDS FOR PARKERS LAKE SKATING RINK LIGHTS Item 8-H 0 0 Regular Council Meeting July 221 1991 Page 273 Councilmember Vasi lion directed that staff contact the speed skating club regardfor ina the council s action and suggestion The Council received a feasibility report on therelocationoftheamphitheaterinPlymouthCreek park. The report recommended development of an amphitheater at the corner of 38th Avenue and Plymouth Blvd., at a cost of $33,300. ted she ld not support Councilmember au support an expendituref$ 33,000 toconstruct an amphitheater for the single annual use by the Plymouth Civic League for Music in Plymouth. She suggested that the Civic League be advised to look for an alternate site for the 1992 (20th Anniversary) of Nusic in Plymouth. She stated that she d anniversary next yearf Musicin following twentieththe Plymouth maybe discontinued. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to direct staff to advise the Plymouth Civi. League that it should look for an alternate site for the 1992 Music in Plymouth, and to direct the park and recreation department and FRAC to assist theCivicLeagueinfindingpossiblepublicsites for the event. Mayor Bergman stated the City would be rushingtheprocesstodevelopanamphitheatersiteby 1992. Councilmember Zitur suggested that one of the schools rsite in h ial area could be used fofor the 1992MusicuinrPlymouth site. Motion carried, four ayes. Feasibility Report for Plymouth Creek Park Amphitheater Item 8-I MOTION was made by Councilmember Zitur, seconded by Councilmembsr Ricker, to adopt RESOLUTION NO. 91-404 REDUCING DMI.OPMENT BOND, BASS LAKE HILLS ADDITION (88060). Motion carried on a roll call vote, four ayes. BL%WajQ 9.A4 REDUCING DEVELOPMENT BOND FOR BASS LAKE HILLS ADDITION 68060) Item •8-J-1 Regular Council Meeting July 220 1991 Page 270 MOTION was made by Councilmember Zitur, seconded O. by Councilmember Ricker, to adopt RESOLUTION 91-405 REDUCING DEVELOPMENT BOND, DEERHAVEN THHIRD ADDITION (89105). Motion caz:ied on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO - 91 -406 REDUCING DEVELOPMENT BOND PAP'GM LAKE CORPORATE CENTER 2ND ADDITION (86138). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmemb-jr Ricker, to adopt RESOLUTION NO - 91 -40-7 REDUCING DEVSLOPMENT BOND, HAWTHORNS PLACE ADDITION (90006). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Counr.ilmember Zitur, to adopt RESOLUTION NO. 91-408 REQUEST FOR PAYMISNT N0. 3 - FINAL, 45TH/46TH AVENUE TRAIL - ZACHARY LANE TO REVERE LANE, CITY PROJECT N0. 024. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Va31li0u, seconded INy Councilmember Zitur, to adopt RESOLUTION NO. 91-409 REQUEST FOR PAYMENT NO. 2 AND FINAL, TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM, C.S.A.H. 9 AND ANNAQOLIS LANE, CITY PROJECT NO. 941. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilme0' ar Vaailiou, to adopt RESOLUTION NO. 91-410 , QUEST FOR PAYMENT NO. 9 AND FINAL, PRODUCTION WELL NO. 13, CITY PROJECT NO. 013. Motion carried on a roll call vote, four ayes. gpgOLU ION 91-405 REDUCING DEVELOPMENT BOND, DEbRHAVEN THIRD ADDITION (69105) Item *6-J-2 F$enr rrrAN 91-406 RED, ,'CING DEVEI.OPMENT BOND, PARKaRS LAKE CORPORATE CENTER 2ND ADDITION 88138) Item *8-J-3 g LQ 1-497, REDUCING DEVELOPMENT BOND. HAWTHORNE PLACE ADDITION (90006) Item *8-J-4 PAYMENT NO. 3 AND FINAL, PROJECT NO. 024 Item 8-K-1 o'enr-UTION 91-409 PAYMENT NO. 2 AND FINAL - PROJECT N0. 941 Item 8-K-2 nannr,gTxON 91-410 PAYMENT N0. 9 AND FINALj, WELL NO. 13, PROJECT NO. 013 Item 8-Y.-3 Regular Council Meeting July 7.2, 1991 Page 275 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION N0. 91-411 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, PLYMOUTH BUSINESS CENTER 5TH ADDITION IMPROVEmENTSe CITY PROJECT NO. 715. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-412 AUTHORIZING PURCHASE OF PARCEL PIN 09-118- 22-13-0002. Motion carried on a roll call vote, four ayes. MOTION was made by Counciimembe= Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-413 REDUCTION OF SPECIAL ASSESSMENTS, LEVY NO. 9715 AND 9716. Motion carried on a roll call voter four ayes. MOTION was made by Councilmember Zitur, seconded by NO - 91 -414 kSSESSMENTSr LEVY N0. 9115. Motion carried on a roll call vote, four ayes. MOTION was made ilmemberlmembeZiiturr tosdeferrtiosecondedbyCouncAugust5therequestfromVernReynoldsfor amodificationtothedevelopmentcontractfnr the Bass Lake Terrace Addition until after adeterminationismadebytheCouncilon the petition for an Environmental AssessmentWorksheetfortheportionofNorthwestBlvd. between 54th and 56th Avenues. RRaQualON 91-411 ORDERING ADVERTISEMENT FOR BIDS - PROJECT NO. 715 Item *6-L Bvanr.trTTON 91-412 AUTHORIZING PURCHASE OF PARCEL 09-118-22-13-0002 Item *6-M Vern Reynolds, 6570 Goldenrod Lane, requeated that the city amend the development contract andallowbuildingpermitstobeissuedwithinBassLakeTerraceAdditionbeforetheCit; has awardedacontractfortheconstructionofNorthwest Boulevard. Mr. Reynolds stated that the Council's recent discussions with residentsrelativetoenvironmentalconcernsaboutthe Northwest Blve. construction have delayer his project. ESO UZION 41-413 REDUCTION OF SPECIAL ASSESSMENTS, LEVY 9715 AND 9716 Item *8-N RL1QLUTION 91-414 RESPRSAD OF REDUCED SPECIAL ASSESSISMS LEVY N0. 9715 Item *8-N Request of Vern Reynolds to Revise Development Contract Item 8-0 Regular Council Meeting July 22, 1991 Page 276 Manager Willis stated that there is a provision in the development contract that if the City does not award the bid for Northwest Blvd., the developer would be allowed to construct an alternate access to the subdivision. The City has advertised for bids on the project which will be presented to the Council for consideration at their next regular meeting. Councilmember Vasiliou noted that the City has given assurances that it will not proceed with the project or take any action which would affect the alignment until the City reaches a decision on the petition for an EAW filed by residents. Motion carried on a roll call note, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-415 APPROVAL OF SETTLEMENT AGREEMENT, CITY PROJECT NO. 948, PARCEL 2. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-416 APPROVING DISBURSEMENTS FOR PERIOD ENDING JUNE 308 1991. Motion carried on a roll call vote, four ayes. Manager Willis recommended that the Council authorize the scheduling of the 1991 bond sale, and that Springoted, Inc., be designated as the financial consultant for this sale. At no additional charge, Springated would update the study on fiscal impacts of development in the community completod earlier in the year to include the impat:s of new state leg2.slation. Councilmember Ricker objected to a change in the City's financial advisor when the rates providedbythepresentconsultantarelowerandtheCity has an excellent bond rating. Manager Willis stated the recommendation is only for this issue, and does not indicate any dissatisfaction with the City's current RID- , UMNA1-415 APPROVAL OF SETTLEMENT AGREEMENT, PROJECT No. 948 Item *e -P Q UTION 91_ 416 APPROVING DISBURSEMENTS FOR PdRIOD ENDING JUNE 30, 1991 Item *8-Q Schedule 1991 Bond Salt; Designate Springated Inc. Item 8-P 0 0 Regular Council Meeting July 22, 1991 Page 277 consultant. The fiscal impact study could be updated rt no additional charge, and after working with Springated, he would have a better basis on which to make a recommendation for the City's ongoing financial advisor later in the year. Councilmember Ricker asked the City Attorney if the Council can legally select a consultant who submitted a higher rate for the bond sale. Attorney Thomson stated that generally selection of consultants is not governed by competitive bidding laps. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-417 PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991. Motion carried on a roll call vote, three ayes, Ricker nay. RESOLUTION 91-417 PROVIDING FOR ISSUANCE AND SALE OF G.O. IMPROVEMENT BONDS OF 1991 Item 8-R Manager Willis stated that four proposals were Audit Contract received for the City's audit contract for the Item 8-S-1 years 1991, 1992, and 1991. He recommended that KPMG Peat Marwick be awarded the contract. In response to Council questional Finance Director Hahn stated that he had checked with KPMG regarding their estimated number of hours to complete the audit because it was substantially less than the others. KPMG indicated that should their hours exceed the estimated 400, their annual fee would not exceed the estimated dollars proposed. Councilmember Ricker stated concern that KPMG may shift additional work to the staff in order to lessen the hours spent on the audit. He also asked if the time table for completion of the audit would be the same as in the past. Finance Director Hahn stated the requirements for the audit were clearly explained to the consultants. KPMG indicated they could comply with the time table established by the City. Regular Council Meeting July 22, 1991 Page 278 AIOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-418 AUTHORIZING THE MAYOR AND CITY MANAGER TOENTERINTOACONTRACTWITHKPMGPEATMARWICKFOR 19911, 1992 AND 1993 AUDITING SERVICES. Motion carried on a roll call vote, four ayes- Councilmember e-ern 8T,8v,and8Wwediscussed and a vote taken. Finance Director Hahn athted that based on research by Bob Pemberton, Risk Management Coordinator, and Tom Saba, Police Lieutenant, staff recommends award of the City's towing contract to Dick's Towing for the period August 11 1991 through July 31, 1994. Dick's Towing has held the towing contract for the City for the last three years. Chuck Hendricks, 330 Ranchview Lane North, stated he is the owner of Village Automotive. He submitted a proposal, but no one from the City visited his site or discussed his proposal until today. He concurred that Dick's Towing submitted the lowest proposal based on the way the bid forme were written; aowever, after vehicle impoundment roposal.r 16 mei Villae Automotive encouraged the Councils the lowest proposal. to award the contract to Village Automotive, a Plymouth business, rather than to Dick's Towing which is located in Hopkins. Councilmember Vasiliou asked if Village Automotive responds to calls for Dick's Towing. Mr. Hendricks stated osfeetor employees "; his loyeelive people in the city and can providele are unhappy that their vehicle is towed to Hopkins rather than in Plymouth. Kelly Neal, 17720 lith Avenue North, stated his business also was not investigated by :he City. He stated the police phoned him with questions, but he recently relocated his business fromWayaatetoPlymouthandwanttheCitytovisit RL%N nTTAN 91-418 AUDITING SERVICES FOR 1991-1993 - KPMG PEAT MARWICK Item 8-5-1 Towing Contract Item 8-5-2 0 0I Regular Council Meeting July 22, 1991 Page 279 his site. He has a newer facility and larger fleet than most of the other firms. Dick Hughes, 900 NE 2nd St., Hopkins, stated that his proposal was the lowest. He noted that three years ago, the towing proposals were rejected and resubmitted, and he requested that the Council award the contract to Dick's Towing. Mayor Bergman asked Lt. Saba to comment on the reason for his recommendation of award to Dick's Towing. Lt. Saba stated that three years ago Dick's Towing was awarded the contract. Police officers were asked to notify of Lt. Saba of any problems experienced relating to towing. There were 11 complaints over the last three years; five of those had to do with a delay in response time for which reasons were given. Lt. Saba stated the response time of Dick'a Towing has been within the requirements of the contract for the last three years. Mr. Hughes stated he is currently averaging 15-16 minutes response per call. Attorney Thomson clarified to the Council and the towing company representatives that the City requested proposals for towing service --not competitive bids. He stated the Council has discretion in whom to award the contract based on criteria in addition to cost. Mr. Hendricks stated that he believed that the primary consideration in selection of a towing company was not cost, but rather response time, being located in the City, and overall level of service. Councilmember Ricker asked why a one day rate was requested, rather than a rate for average number of days stored or some other factor. Risk Management Coordinator Pemberton stated that factoring is not critical to the process because it is only one element used for selection. Regular Council Meeting July 22, 1991 Page 280 MOTION was made by Councilmember Ricker, seconded by Conncilmember Vasiliou, to direct staff to conduct another visit with the towing contractors at their sites, and to return with a recommendation to the Council Indicating the elements used for selection and ranking. Councilmember Vasiliou stated she believes supporting a local business and convenience .for residents in retrieving their vehicles should be included as selection criteria. Motion carried, three ayes. Public Safety Director Carlquist presented a Deer Reduction report regarding the results of a survey Options regarding a bow season to harvest deer conducted Item 8-T of land owners in northwestern Plymouth. Director Carlquist stated there are areas where a bow and arrow hunt could be regulated. He stated that the number of deer need to be reduced by some means; a bow and arrow hunt appears to be the moat cost effective. MOTION was made by Councilmember Ricker, seconded by Councilnember Vasiliou, to direct staff to develop a proposal for Council consideration to addre:is legal and liability issues for deer reduction in Plymouth. Motion carried, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-419 APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to table the request for four-way stop at Old Rockford Road and Larch Lane/41st Avenue North until August 5. Motion carried, four ayes. RESOLUTION 91-415 APPROVING TEMP. 3.2 LICENSE FOR PLYMOUTH LIONS CLUB Item *e -U Four-way Stop at Old Rockford Rd. and Larch Lane - Table Item 8-V Regular Council Meeting July 22, 1991 Page 281 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-420 AUTHORIZING 3IDDING OF 1991 TRAIL IMPROVEMENT PROJECTS. Councilmember Vasiliou stated that this is a significant amount of new trails to build with no funds designated to maintain them. She statod that she had received a phone call that a trail is needed along Lancaster Lane. Director Blank stated that he is aware of this request, and that segment of street was submitted to the consultant for consideration as part of the trail study. Motion carried on a roll call vote, four ayes. Public Safety Director Carlquist stated that a Task Force was assembled at Council direction to develop strategies to reauce false fire alarms. The top five uses generating false alarms are apartments, private dwellings, stores and offices, schools, industry. Those uses represent 86 percent of all the false alarms recorded. Director Carlquist presented the report of the Task Force and described the 13 recommendations for false alarm reduction recommended by the Ccmmmittee. Mayor Bergman asked which of the recommendations the Fire Department would support. Fire Chief Robinson responded that the recommendations were prioritized by the Task Force. He and two fire inspectors served on the Task Force. MOTION was made by Councilmember Vasiliou, seconded by iayor Bergman, to direct staff to prepare reco unended ordinance amendments and policy changsis that need to be made to implement the recommentations of the False Fire Alarm Task Force for Council consideration. Motion carriod. three ayes. 7 RESOLUTION 91-420 AUTHORI ZIAG RIDDING OF 1991 TRAIL IMPROtiiENT PROJECTS Item 8-W Fire Alarm Task Force Report Item 9-A Regular Council Meeting July 22, 1991 Page 282 Manager Willis presented the Capital Improvement Project Statue and Project Status Reports. Reports Item 9-B Councilmamber Vasiliou asked if the City is using the performance bond for completion of site improvements in Camelot Estates. Manager Willis stated - yea. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to accept the Capital Improvement and Project Status Reports. Motion carried, three ayes. MOTION was made by Councilmember Vasiliou, Household seconded by Councilmember Ricker, to accept the Hazardous Waste invitation of Hennepin County to cosponsor a Collection household hazardous waste community collection. Item 9-C Motion carried, three ayes. MOTION was made by Councilmember Vasiliou, water Quality seconded by Mayor Bergman, to table the charge Committee Charge for the Water Quality Committee to September 4. Item 9-D Motion carried, three ayes. MOTION was made by CouncilmembAr Vaailio", Change Council seconded by Councilmember Ricker, to cancel the Meeting in regular Council meeting scheduled for September 3 September and to add a special meeting on September 4 at Item 9-E 7:00 p.m. due to the scheduling conflict with the mail ballot electirn. Motion carried, three ayes. MOTION was made by Councilmember Ricker, seconded Insurance Cla:L•.a by Councilmember Vaai].iou, to accept the Report quarterly insurance claims report. Item 9-F-1 Motion carried, three ayes. Attorney Thomson reported on litigation brought Pending Civil against the City in which Stahl Construction, the Litigation third lowest bidder on the public works facility Item 9-F-2 project, requested a temporary restraining order to prevent the City from awarding the contract to the low bidder. Stahl's argument is that the City in deciding the award, considered 0 Regular Council Meeting July 22, 1991 Page 263 information received after the bide were received. Stahl believes its alternate bid should be considered. At the request of Councilmember Vasiliou, Attorney Thomson reported on the statue of the City's quick take proceedings for the proposed library site. MOTION was made by Mayor Bergman, seconded by Councilmember Vaailiou, to accept the quarterly pending civil litigation report. Motion carried, three ayes. MOTION was made by Councilmember Vaailiou, seconded by Councilmember Ricker, to accept the quarterly financial report. Motion carried, th::ee ayes. The Council reviewed the List of pending Council directives. Mayor Bergman requested that staff contact Mr. Starr to remind him that the City will share in the coat of a traffic study regarding his driveway access on Fernbrook Lane. Councilmember Vasilio•2 reported that abet Mayor Bergman, and Manager Millis had attended the interfaith Outreach meeting. Staff was directed to respond to a letter received from Mr. Coyne regarding noise. Manager Willis reported that the Charter Commission held its first meeting and would like to meet with the City Council on August 26. Mayor Bergman asked how notice was given of the HRA meeting scheduled for July 23. Councilmember Vaeiliou expressed concern that people will nct be aware of the agenda item relating to the proposed senior citizen housing. Community DeveloFment Director Tremere stated the agenda item relating to the proposed senior citizen housing project is for review of and 0 Quarterly Financial Report Item 9-F-3 Council Directives Item 9-G CCR Reports Item 9-H Charter Commission HRA Public Hearing Regular Council Meeting July 22, 1991 Page 284 approval to send out a request for proposals to consultants for development of a plan which would eventually be used at a public informational hearing on the proposed senior citizen housing project. This is not the public hearing on the plan. Councilmember Vasiliou expressed her concerns about ordering preparation of plana before public input is received. Director Tremors stated that the business at hand is to hire a consultant to prepare only preliminary conceptual data and drawings that will help the Council decide whether to pursue the project. The pubV c can react to the information thereby proyiding a structured input. Councilmember Vasiliou suggested that colored elides and floor plans of similar projects should be available. Councilmember Vaailiou stated that some seniors have asked her if the money earmarked for the senior citizen housing project could be used in the form of grants to assist the elderly in staying in their homes. Councilmember Ricker stated that may be a viable use of the funds, but there comes a time when many elderly are unable to remain in their own homes. He noted the current Rehabilitation Grant program assists qualified homeowners. Mayor Bergman stated another need is assistance in networking various socia and support services for the elderly. Community Development Director Tremors stated that the HRA is currently limited to addressing housing and redevelopment needs. Councilmember Vasiliou noted that the PRAC minutes indicate a questicn was asked of why the Council reduced the fee fcr a soccer tournament earlier in the year. She asked that staff relay to FRAC that the reason for the reduced fee was that the Council believed children would not be able to participate in the tournament, not that they were unable to pay the fee. 0 Regular Council Meeting July 22, 1991 Page 295 The meeting was adjourned at 10:53 p.m. City Cler 0