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HomeMy WebLinkAboutCity Council Minutes 08-05-1991MINUTES PLYMOUTH CITY COUNCIL AUGUST 5, 1991 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on August 5, 1991. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boy19s, Community Development nirector Tremere, Public Works Director Moore, Finance Director Hahn, City Attorney Thomson, and City Clerk Rauenhorst WSENT MONS Manager Willis introdLe"ed Barry Warnes: representing Barton -Ashman Architects. Mr. Warner presented the concept plans and budget for 10th Avenue Park, Gleanloch Park and Shiloh Park. He stated that 10th Avenue Fark is a new site, while the Shiloh and Gleanloch paLks were originally conatracted in 1579 and are proposed for equipment replacement and reconstruct4on. Mr. Warner stated the concept plan for 10th Avenue Park includes a multi-vae soccer/ballfield, a free ekating area, picnic area, warming house, tot lot, and hard surfaced shuffleboard/basketball area. Gleanloch Park is proposed for renovation by improving the existing play equipment and hard court area. The play area would be reoriented and the trail would be extended in order to loop around th•* t ,t :re park. a 0 Regular Council Meeting August 5, 1991 Page 267 Mr. Warner stated that drainage problems have been a significant problem at Shiloh Park. As part of the improvements, play area would be relocated to a higher area and buffered with vegetation. The hard court would remain in its present location, and a multi -use soccer/ballfield and double tennis court are proposed to be added. A trail link is proposed to the pond area to encourage skating. Councilmember Vasiliou stated there are concerns that no parking installation is proposed at Shiloh Park, pai:.icularly with tennis courts planned. Mr. Warner responded that abutting neighborhood residents indicate they do not dosire additional parking. Councilmember Vasiliou clarified that her concern is that the tennis courts become perceived as private" -- only serving the immediate neighiorhood. Installation of parking would make the parks more usable to residents not living in the immediate vicinity. Manager Willis stated the neighborhood parka, by definition, are intended to serve a "walking neighborhood" of about a mile perimeter, although each park is available for use by all residents of the City. He stated that the neighbors are aware there will be on -street parking by park users. Teresa Otandprei, stated she supports the plan for the 10th Avenue Park. She asked if neighborhood Children could oubmit possible names for the park. Park and Recreation Advisory Committee (PRAC) Chairman FreAls stated PRAC would consider recommendations for the park name submitted by res: 4ents . Councilmember Helliwell asked if the residents in the vicinity of 10th Avenue want the existing shelter replaced with a warming house. 0 0 Regular Council Meeting AuguFt 5, 1991 Page 288 Ms. Grandprei stated that residents would prefer a sheltered picnic area, rather than an enclosed warming house, to avoid misuse. Councilmember Ricker asked Community Development D i rector Tremere to comment on the possible use of CDBG funds for the 10th Avenue Park construction, as outlined in the staff report. 01.rector Tremere stated that development of a park in this area appears to be an eligible CDBG activity based on the demographics and income characteristics of the area and persons to be served. it is a Council policy decision as to whether to allocate funds for this activity in 1 ieu of or in addition to others funded. The Council may be faced with competing requests for the CDBG funds. Cuuncilmember Ricker stated he supports the project but not the proposed use of CDBG funding. He stated that park dedication funds can be used exclusivelr for parks, but CDBG money can be used and may be needed for other purposes. Manager evil:.is stated that pri 3r to the award of bids the Council will need to designate funding. C-%uncilmember Vasiliou concurred, but stated that she may be willing to consider CDBG funding. MOTION was made by Councilmember Ricker, seconded $oLVT ON 91`1 by Councilmember Helliwell, to adopt RESOLUTION APPROVING CONCEPT NO. 91-421 APPROVING CONCEPT PLAN FOR 10TH AVENUE PLAN FOR 10TH PARK. AVENUE PARK Item 4-A Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated that of;o pe.son attending the information meeting on the propo)aed improvements to Gleanloch Park indicated there is no need for an upgraded park and the existing play equipment is adequate. Mr. Wainer stated that a number of families that attended the Gleanloch Park meeting Mated they ga to another. park because there were more facilities. They believed the use of Gleanloch Park would increase with upgraded facilities. 0 Regular Council Meeting August 5, 1991 Page 289 MOTION was made by Councilmember Helliwell; 90QLUTION 91-422 seconded by Councilmember Zitur; to adopt APPROVING CONCEPT RESOLUTION NO. 91-422 APPROVIKG CONCEPT PLAN FOR PLAN FOR GLEANLOCH GLEANLOCH PARK. PARR Item 4-A Motion carried on a roll call vote, five ayes. Tim Dunnigan, 17330 38th Avenue North, supports the proposed upgrading of the Shiloh Park field to make it more usable For soccer, but opposes the installation of a backstop. He stated a back atop will attract older Children and create a danger of balls striking someone in their yard, on the proposed hard court, or on the trail. Joann Dunnigan, 17330 28th Avenue North, agreed that a backstop should not be erected. She suggested that if it is included in the improvements, a sign be erected to prohibit use of the field for adult baseball. Si Matthies, 17220 27th Avenue North, supported the Shiloh park improvements. Wayne Stevens, 2635 Holly Lane, stated that res l dents are overwhelming in favor of the improvements. The danger of being struck from a baseball in the park is not significant. Safety may be improved because an area for soccer and baseball will be designated. Margaret Hurst, 2625 Holly Lane, stated the majority of people using the Shiloh Park will walk or bike to the park. Residents in the arem do not want additional parking constructed and understand there will be on -street parking. She requested the Council adopt the plan as recommended by PRAC. Mary Hustad, 17200 27th Avenue North, supported the plan. She said the park is currently underutilized, and the existing on -street parking is adequate. The area residents want the backstop inetallbd because it will designate the area where Children should play ball in order to make it safer for everyone using the park. 9 0 Regular Council Meeting August 5, 1991 Page 290 Grahan Norberg, 17120 28th Place North, stated twelve years ago he requested that the drainage problem in the park be corrected. For a number of months during the yoar, the trail is not usable. He believes that installation of tennis courts will increase the drainage problems. He requested that the Council reject development of tennis courts in the northern portion of the park, until the drainage problem is corrected. Mr. Norberg stated his home would face the tennis courts with no trees to buffer the view or noise. The area proposed for tennis court installation is currently used for soccer, sliding, and kite flying. The Council would limit the use of the area if tennis courts were installed. Director Moore responded to a Council question that there is no storm sewer currently installed in Shiloh Park. Mr. Warner stated the play structure would be relocated to a higher area, and the existing play structure area would be returned to a natural state. He stated he was not aware of all of the concerns expressed by Mr. Norberg, but stated that the plan could be modified to add a swale adjacent to the trail to draw water away from residancee abuu ting the park. MOTION was made by Mayor Bergman, seccnded by 0N 91-q 8 Councilmember Ricker, to adopt RESOLUTION NO. 91- APPROVING CONCEPT 413 APPROVING CONCEPT PLAN FOR SHILOH FARR, PLAN FOR SHILOH mending the proposed plan to delete the tennis PARA court installation, and to correct the existing Item 4-A drainage problems. Councilmember Helliwell suggested that the backstop installation remain in the plan, and she encouraged area residents to notify the City if there are problems. Motion carried on a roll call vote, five ayes. CQNSIMT-AGMA Items 8-D, 8-E, and 8-W were removed from the Consent Agenda Consent Agenda. item 5 0 Regular council Meeting August 5, 1991 Page 291 MOTION was made by Co,3ncilmember Zitur, seconded by Councilmember Helliwell, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. MIrEiTEB MOTION was made by Councilmember Zitur, seconded b Councilmember Helliwell, to approve the July Minutes 22 minutes. Item *6 Motion carried on a roll call vote, five ayes. Mayor Bergman opened the public hearing on 15th Avenue Improvements, Project 945, at 8:11 P.M. Director Moore stated t'is is a joint project between the cities of P.Lymouth and Medicine Lake. The construction ardered about a year ago included a storm sewer into Medicine Lake. The City has obtained the easements necessary for installation of the project drainage. Drain tile and an open swale is proposed and not the storm sewer. Nine property owners would be affected by the project. The estimated cost per property for the improvements is $4,012. No one appeared for the hearing, and the hearing was closed at 8:13 p.m. MOTION was made by Councilmember Vasiliou, gS^r.nTrON 91-_424 seconded by Councilmember Zitur, to adopt ORDERIvG PROJECT RESOLUTION NO. 91-424 ORDERING IMPROVE'4ENT AND NO. 945 PREPARATION OF PLANS AND SPECIFICATIONS, 15TH Item 7-A AVENUE - NORTH OF SOUTHSHORE DRIVE - STREET AND DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 945. Motion carried on a roll call vote, five ayes. ZOIZIONS, R OLtt+ QT3 AND _SON II_I ATI9N, 4 LUTION _2Ln 5MOTIONwasmadebyCouncilmemberZitur, seconded 8Fu.4 by Councilmember Vasiliou, to adopt RESOLUTION INSTALLATION OF NO. 91-425 INSTALLATION OF STOP SIGN at Old STOP SIGNS Rockfcrd Road and Larcn Lane/41st Avenue "All Item 8-A Way" stop. Regular Ccuncil Meeting August 5, 1991 Page 292 Councilmamber Zitur stated he appreciates staff input or this issue, but supports the stop sign installation based on citizen requests. He stated tae stop signs are needed for traffic control at the intersection; rot for speeding. Councilmember Vasiliou stated that she had received phone calls about a year ago from area residents that the intersection is dangerous. Councilmember Helliwell stated she is familiar with the intersection and the stop sign is needed. Motion carried on a roll call vote, five ayes. Finance Director Hahn presented the Council with additional information requested at the previous Council meetiag relating to the award of the towing contract. Risk Management Coordinator Pemberton stated that proposals for the towing service were requested rather than bids because several factors were important: size of lot, response time, general ability to serve the needs of the City, and cost. MOTION was made by Councilmember Vasiliou to award the towing contract to Dick's Towing. Motion failed for lack of a second. Councilmember Ricker stated that Dick's Towing has the lowest cost on an average tow bacis, but Plymouth Automotive has the lowest total cost when storage is considered. Coordinator Pemberton stated that atorage and response time has been adequate with the current towing contractor - Dick's Towing. Councilmember Vaailiou stated there is a benefit to awarding the proposal to a firm with storLge in the City se that Plymouth residents do not have to go out of the City to pick up their towed vehicle. Regular Council Meeting August 5, 1991 Page 2:3 Police Lieutenant Saba stated over the last three years, 578 of vehicles towed were for traffic arrests; 26.98 resided in Plymouth; the remainder were non -Plymouth residents. He stated that convenience for the police officers and the people pickirg up vehicles, size of the storage facility, towing staff and vehicles, and the process for vehicle release should also be considerations in the award. He stated that during the time Dick's Towing has held the contract, the process for vehicle release has changed from having the officer going to the lot to relea Q: the vehicle, to having the towing company ralease most vehicles. This has saved substantial police officer time. Councilmember Vasiliou asked whether this criterion was shared with the towing companies who submitted proposals. Coordinator Pemberton stated that the companies were informed that the service cost was not the only factor to be considered. A number of factors would be considered. Chuck Hondricks, 330 Ranchview Lane North, requested that the Council award the contract to his business - Plymouth Automotive. He stated that his storage lot is adequate in size and the City should deal with Plymouth businesses whenever possible. Councilmember Vasiliou asked if Plymouth Automotive currently tows for other cities. Mr. Hendricks stated Plymouth Automotive tows for the City of Wayzata but does not have a contract to do so. In response to a question by Councilmember Ricker, Mr. Hendricks stated hu coald offer vehicle release service identical to that currently provided by Dick's Towing. Dick Hughes, 900 NE 2nd Street, Hopkins, thanked the Council for the opportunity to serve the City for the last three years. He requested that the contract be awarded to Dick's Towing. At`.orney Thomson recommended that whichever firm is selected that the contra.t term be awarded from August 6, 1991, through July 31, 1994. 0 0 regular Council Meeting August 5, 1991 Page 294 MOTION was made by Councilmember Ricker, seconded by Councllmember Vasiiiou, to adopt RESOLUT1014 S FOR YEARS 1991919946 awardingthecontract ACCEPTING ING Oto Plymouth Aut emotive, Inc. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-427 APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR ;)ELTAK CORP. (91052). Motion carried on a roll call vote, five ayes. Councilmember Helliwell asked if Mr. LaTour intends to notify potential homeowners in his new subdivision, Greenwood Ponds, of the light glow emitted from Len Busch Roses. Mr. LaTour stated that he intends to properly notify potential homebuyers. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-428 APPROVING PRELIMINARY PL&T, V'A.RIANCES, AND GLNERAL DEVELOPMENT PLAN FOR WILLIAM LA TOUR FOR "GREENWOOD PONDS" (910571%. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt ORDINANCE NO. 91-23 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED SOUTH OF GREENWOOD SCHOOL AND WEST OF COUNTY ROAD 101 (AT APPVENUE NORTH FUEXTENDED) TURERREESTRICTED DEVELOPMENT) ( 910FRD 1). Motion carried on a roll call v%'.,e, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-429 SETTING CONDITIONS TO BE MET PRTO PUBLILATION OF ORDIN%NCE WILLIAM LA TOUR FOR GREENWOOD PONDSLANDFOR 91057). t4otion carried on a roll call vote, five ayes. RK A IOZ] -2i-4& AWARDING TCWING PROPOSAL TO PLYMOUTH AUTOMOTIVE INC. Item 8-B ecc r.r=Q 91-427 AMENDED CUP AND SITE PLAN FOR DELTAK CORP. 91052) Item *8-C WDLUUQtL33. _42-. APPROVING PREL. PLAT, VARIANCES, AND DEVELOPMENT PLAN kOR GREENWOOD PONDS (91057) Item 8-D QBpINBt-2L23 REZONING FOR GREENWOOD PONDS 91057) Item 8-D g',SQL(iTION '?1-429 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 91057) Item 8-D 0 41 Regular Council Meeting August 5, 1991 Page 2 95 Councilmember Vasiliou e.sked if the Site Plan Amendment request of Lena Busch Roses for four additional greenhouses will complete the expansion of greenhouses on this site for the next tan years, as stated in the staff report. She stated that there is still a problem with light emitted from the gable ends of the existing greenhouses and she asked how this would be addrea sed. Manager Willis stated there is no feasible shading technology t-) address the gable ends, and this problem is not contemplated in the agreement except that the now approved berming along Medina Road should provide effective screening. Pat Et zel, a representative of Len Busch Rosea, otated that this request will conclude the expana ion for production on the site. Any further production would be in another area. He stated there is no technology available to limit the light emitted from the ends of the greenhouses, but he stated the berm construction and additional trues should help. If that does not work, Len Busch Roses will continue to try to address the issue. MOTION was made by Councilmember Helliwell, seconded by Councilmea_,er Zitur, to adopt RESOLUTION NO. 91-430 APPROVING SITE PLAN AMENDMENT FOR LEN BUSCH ROSES FOR CONSTRUCTION OF FOUR ADDITIONAL GREENHOUSES LOCATED NORTH OF MEDINA ROAD, WEST OF COUNTY ROAD 101 (91043). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-431 APPROVING LOT DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE 91059) . Motion carried on a roll call vote, five ayes. Len Busch Site Plan Amendment Item S -E Roses 91043) W09LUTION 91-A30 APPROVING SITE PLAN AMENDMENT FOR LEN BUSCH ROSES 91043) Item 8-E RESOLUTION 91-431 APPROVING LOT DIVISION/CONSOLIDA TION FOR CALIBER DEVELOPMENT 91059) Item *8-F Regular Council Meeting August 5, 1991 Page 296 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-432 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-433 APPROVING SITE PLAN AMENDMENT FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-434 APPROVING THE MIXED PLANNED UNIT DEVELOPMENT (MPUD) FINAL PLAT AND DEVELOPMENT CONTRACT FOR NC BERKSHIRE LANE I LIMITED PARTNERSHIP (TRAMMELL CROW) FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063) (MPUD 90-1). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-435 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE MPUD FINAL PLAT FOR NC BERKSHIRE LANE I LIMITED PARTNERSHIP (TRAMMEL CROW COMPANY) (90063) (MPUD 90-1). Motion carried on a roll call vote, five ayes. RESOLUTION 91-432 SETTING CONDITIONS TO BE MET PRIOR TO FILING (91059) Item *8-F RESOLUTICN 91-433 APPROVING SITE PLAN AMENDMENT FOR CHESHIRE BUSI"iESS CENTER W105S ) Item *8-F RESOLUTION 91-434 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR PLYMOUTH BUSINESS CENTEP. 5TH ADDITION (90063)( MPUD 90-1) Item *8-G RESOLUTION 91-435 SETTING CONDITIONS TO BE MET PRIOR TO FILING ( 0063) Item *8 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-436 by Councilmember Helliwell, to adopt RESOLUTION APPROVING CUP FOR NO. 91-436 APPROVING CONDITIONAL USE PERMIT FOR NC: BERraHIRE LANE NC BERKSHIRE LANE I LIMITED PARTNERSHIP (TPAMMELL I (9000) CROW COMPANY) (90063). Item *8-G Motion carried on a roll call vote, five ayes. Regular Council Meeting A;.gust 5, 1991 Page 297 MOTION was made by Councilmember Zitur, seconded MQUION 91_.4,17 by Councilmember Helliwell, to adopt RESOLUTION ADOPTIN•3 NO. 91-437 ADOPTING ASSESSMENTS, PROJECT NO. 124, ASSESSMENTS, WATERMAIN AREA, PLYMOUTH BUSINESS CEN! -"ER 5TH PROJECT NO. _24 ADDITION. FLYMOUTH BUSINESS CENTER 5TH ADDN. Motion carried on a roll call vote, five ayes. (90063) Item *8-G MOTION was made by Councilmember Zitur, seconded P.ESOLUTIQU 91-439 by Councilmember Helliwell, '•o adopt RESOLUTION RELEASE OP SITE NO. 91-438 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUAPANTEE FOR CHESHIRE BUSINESS GUARANTEE FOR CENTER I (89082) AND CHESHIRE BUSINESS CENTER II CHESHIRE BnSINESS 89116) BOTH LOCATED AT 2600 FERNBROOK LANE. CENTERS I AND II 89116) (89082) Motion carried on a roll call vote, five ayes. Item *8-H-1 MOTION was made by Councilmember Zitur, seconded RE,-:O„UTION 91-439 by Councilmember Helliwell, to adopt RESOLUTION RELEASE OF SITE NO. 91-439 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR NORTHWOOD HOMES INC. GUARANTEE FOR FOR PONDS NORTH LOCATED AT THE NORTHWEST CORNER PONDS NORTH OF 54TH AVENUE NORTH AND NATHAN LANE NORTH (87093) 87093). Item *8-H-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-440 by Councilmember Helliwell, to adopt RESOLUTION RELEASE OF SITE NO. 91-440 AUTHO1?IZLNG RELEASE OF SITE PERFORMANCE PERFORMANCE GUARBNTEE FOR NEW VENTURES CHRISTIAN GUARANTEE FOR CHURCH (88066). NEW VENTURES CHRISTIAN CHURCH Motion carried on a roll call vote, five ayes. (88086) Item *8-H-•3 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-441 by Councilmember Helliwell, to adopt RESOLUTION RELEASE OF SITE NO. 91-441 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR GUARANTEE FOR INDEPENDENT SCHCOL DISTRICT #284 FOR KIMBERLY KIMBERLY LANE LANE SCHOOL (90031). SCHOOL (90031) Item *8-H-4 Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Paqe 298 MOTION was made by Coui.cilmembzr Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-442 AUTHORIZING EXEC:TTION OF JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO PARTICIPATE IN HENNEPIN ROUSING CONSORTIUM. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-443 RECEIVE BIENNIAL UPDATE OF PAVEMENT MANAGEMENT REPORT, ORDER PRELIMINARY ENGINEERING REPORT FOR 1092 STREET RECONSTRUCTION PROGRAM, CITY PROJEC- NO. 201. Motion carried on a roll call vote, five ayes. Managor Willis recommended that the Council adopt a resolution denying a petition for an Environmental Assessment Worksheet (EAW) on Northwest Boulevard between 56th Avenue and 54th Avenue North and an interchange at I-494/Schmidt Lake Road. Councilmomber Vasiliou Stated the current 50 mph speed limit is excessive on Northwest Boulevard, north of County Read 9, since the road is under construction. Staff was directed to check this posted spoed. Bryan Sykora, 4970 Quinwood Lane, represented citizens from Bass Lake, Bass Lake Woods, and Meadows of. Bars Lake. He requested that the City consider the A-E alignment because he feels it is environmentally superior to the A -D alignment. He stated the A-E alignment has been supported by the DNR, The request for an FLAW is being made because of citizen feelings that the City did not give sufficient consideration to the A-E alternative. He stated the residents obtained the assistance of the Environmental Quality Board (EQB) and the Department of Natural Resources to allow participation in public hearings during the City's permitting proceed. He stated that if the Council awards any contracts for Northwest Boulevard construction, it would b.: inconsistent QLUTION 1-441 AUTHORXZING AGREEMENT WITH HENNEPIN COUNTY TO PARTICIPATE IN HENNEPIN HOUSING CONSORTIUM Item *8-I RESOLUTION 91-443 ORDER PREL. ENG. REPORT FOR 1992 STREET RECONSTRUCTION PROGRAM PROJECT NO. 201 Item *8-J Petition for EAW on Northwest Blvd., 56th to 54th Avenue Item 8-R 0 0 Regular Council Meeting August 5, 1991 Page 299 with the City's promise to the EQB to take no further action which would eliminate the A-E Alignment. He requested that the Council delay consideration of bids until the DNR permitting process is completed. john Coyne, 5515 Sycamore Lane, stated the Northwest Boulevard alignment was selected 17 yeans aqo and recently was moved closer to the residential properties to leesea the impact on the wetlands. Since 1989 he has asked that the City address environmental issuer, such as the removal of trees abutting his property and the nose levels that will be created by the roadway. He stated the EQB and DNR ha -re tentatively given approval to the A-E alignment which is favored by abutting residents. Mr. Coyne stated that the neighbors were not included in development of the proposed landscaping plan to mitigate conditions created by the project as previously directed by the Council. The City held an informational meeting where the plan was presented to residents. He requested that the Council consider fencing and tree planting to mitigate the effects on his property. He demonstrated the traffic •volumes and encouraged the Council to also consider betmi.ng . Ccuncilmen+ber Vasiliou stated that the residents should have been allowed to provide input on the C`.ty's recommendation. She will not vote on the p'Lan to mitigate effects of the roadway until the ras:.dents have been involved. Manager Willis stated that one GNR staff member has stated that the A-E alignment may be the beat alternative -- the City has not received any indication that that is the DNR position. At a July 18 meeting of the Environmental Quality Board, the issue was whether the City had properly followed the process with respect to the previous EAW. The Board decided that the City had followed the appropriate process, and the best way for the reoidente to get their concerns addressed was through a hearing before the DNR during the permitting process. Regular Council Meeting August 5, 1991 Page 300 Jack Leahey, Sycamore Lane, said that the DNR has stated, on at least three separate occasions, that the DNR favors the A-E alignment. Counc ilmembsr vasiliou stated that if the DNR prefers the A-E alignment, it should put its comments and decision in a letter to the City and deny the permit, rather than approving the permit and then blaming the Citv for moving ahead with the project. David Barstad, 12915 54th Avenue North, stated that the Council previausly directed staff to respond to questions by the DNR, and residents have not been provided with a copy of the letter. He stated that three DNR employees have supported the A-E alignment. Councilmember Vasiliou stated she asked about this several weeks agc and asked why the Council or residents were not provided with a copy of the let =er. Manager Willis stated that the DNR requested additional information of the City. The letter responding to the DNR has not been prepared. Staf:` is obtaining additional information in order to prepare the response. Cour cilmember Zitur asked for a statue report on the Pineview Lane railroad arm. Director Moore responded that the construction timing is at the discretion of the Boo Line Railroad. They have indicated that construction is slated for fall. Manager Willis stated he met with Mr. Barstad and Mr. Stemper for about three hours to discuss their previous letters and concerns. Residents in the audience responded that they did not got the answers they wanted. Councilmember Ricker stated that if the Council den:Lea the petition for an EAW, the DNR Still would have the authority to approve or deny the City's permit -)plication- Mr. Coyne stated that if the City awards the bid for construction of Northwest Blvd. from 56th to 54t -Ix Avenues, this will eliminate an alternate alignment. Regular Counci 1 Meeting August 5, 1991 Page 301 Manager Willis stated the staff's recommendation is that the bid be awarded on that portion from 56th to 55th Avenues. This bid award would not eliminate the A-E alternative. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION 91- 4.4 DEN"iING PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHLET. Motion carried on a roll call vote, four ayes, Vasiliou nay. Director Moore stated the contract for construction of Northwest Boulevard was bid in two phases - from 56th to 55th Avenue and from 55th to 54th Avenue. The Council has 30 days in which to award the contract on Phase I, and 90 days to award Phase II. Each phase could be awarded separately. Phase I is necessary to provide access to Basd Lake Park and the Bass Lake Terrace Addition. Director Moore stated that as the Council directed, a landscaping plan to mitigate the effects of the project on the abutting residences was prepared for all residential properties from 54th Avenue to 56th Avenue. The estimated cost of the southerly portion is $21,000, and the northerly portion is $291,000. He recommended that landscaping and fencing be the responsibility of the property owners, with the exception of the southerly portion of the project where the road is elevated. The estimated cost for that portion of work is $15,000-$16,000. It is proposed that following landscaping installation, the adjacent property owners would be responsible for maintenance. Vicky Hubrr,l 1, 12935 54th Avenue North, stated she does not support the A -D alignment. She stated that residents had no input on and landscaping plan proposed by staff. Councilmember Ricker stated that at Council direction staff prepared a plan and held a public meeting to present it to residents and to qet input. He suggested that the meeting be held RESOLUTION 91-444 DENYING PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET Item 8-K Northwest Blvd. Construction Project 106 Item 8-L 0 0 Regular Council Meeting August 5, 1991 Page 302 again if residents felt they did not have adequate input. Councilmember Vasiliou stated that an attorney represented the Citr at the Environmental Quality Board meeting, and asked that the Manager advise the Council in the future if the City hires an attorney to represent the City. Me. Hubbell stated that at the public information meeting on the landscaping plan, Director Moore listened to resident input but stated he would not bring it forward to the Council. She stated that she does not believe the Council directive to work with the residents was met, and therefore, the bid should not be awarded. Councilmember Vasiliou stated she would be willing to meet with staff and the residents to discuss the landscape plan. Manager Willis recommended that the Council award the bid for Northwest Boulevard construction. The developer to tie west of the roadway needs access to his new development and this construction will not eliminate the alternative alignment desired by abutting residents. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct Director Moore, Manager Willis, and Councilmembers (desiring to attend), to meet with the residents at 7:00 p.m. on August 12, to discuss the landscape plan. The plan should be returned to the Council with the coat of the City plan, and the cost of the residents' plan. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded EE,MTION 91-445 by Mayor Bergman, to adopt RESOLUTION NO. 91-445 AWARDING BID - AWARDING BID, NORTHWEST BOULEVARD - 54TH TO 56TH NORTHWEST BLVD. AVENUE PHASE I, CITY PROJECT NO. 106. PROJECT NO. 106 Item 8-L Councilm•mber Vasiliou asked whether the DNR will have made a decision on the permit application by the next meeting. Manager Willis stated "no". Regular Council Meeting August 5, 1991 Page 303 Mike Boen, 12945 55th Avenue North, stated he supports the A-E alignment. If it is not adopted, he requested that Sycamore Lane be posted off of Northwest Blvd. as "One -Way Out" to eliminate through traffic. MOTION carried on a roll call vote, five ayes. No action was necessary on the request of Vern Request of Vern Reynolds Construction to revise the development Reynolds Const. contract since the request was handled through Item 8-M the Council's award of bid for Northwest Blvd. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-gO by Councilmember Helliwell, to adopt RESOLUTION REDUCING NO. 91-446 REDUCING DEVELOPMENT BOND, CHURCHILL DEVELOPMENT BOND, FARMS ADDITION (90009). CHURCHILL FARMS ADDITION (90009) Motion curried on a roll call vote, five ayes. Item *8-N-1 MOTION was made by Councilmember Zitur, seconded RESOLUTION 21-4.4?. by Councilmember Helliwell, to adopt RESOLUTION REDUCING N0. 91-447 REDUCING DEVELOPMENT BOND, PHEASANT DEVELOPMENT ILNDt TRAIL ADDITION (85103). ADDITION (85103) Motion carried on a roll call vote, five ayes. Item *8-N-2 MOTION was made by CouncilmembOr Zitur, seconded RESOLUTION 91-448 by Councilmember Helliwell, to adopt RESOLUTION REDUCING NO. 91-448 RELJCING DEVELOPMENT DOND, WILLOW DEVELOPMENT BOND, MEADOWS 2ND ADDITION (88035). WILLOW MEADOWS 2ND ADDITION (88035) Motion carried on a roll call vote, five ayes. Item *8-N-3 MOTION was made by Councilmember Zitur, seconded RES=TIQN 22A-Ul by Councilnember Helliwell, to adopt RESOLUTION REIMDURSING N0. 91-449 REIMBURSING DEVELOPER FOR REQUIRED DVMLOPER FOR WATERMAIN CONSTRUCTION -- BASS TAKE '.'ERRACE WATEpMAIN ADDITION (90050). CONSTRUCTION 90050) Motion carried on a roll call vote, five apes. Item *S-0 MOTION was made by Councilmember Zitur, boconded RES0LtUQN--91-450 by Councilmember Helliwell, to adopt RESOLUTION ORDERING HEARING NO. 91-450 ORDERING PUBLIC HEARING ON 'ZFz ON VACATION OF PROPOSED VACATION OF A PORTION OF XENIUM LANE PORTION OF XENTUM RIGHT-OF-WAY WITHIN WESTMINSTER ADDITION. Item *8-P Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 304 MOTION was made by Councilmember Ricker, seconded by Cauncilmember Hellivell, to adopt RESOLUTION NO. 91-451 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTIS&MENT FOR BT_DS, 15TH AVENUE STREET AND DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 945. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-452 DECLARING COST TO BE ASSESSED AND ORDEkING PREPARATION OF PROPUSED ASSESSMENT, HARBOR LANE, CITY PROJECT NO. 912. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, recorded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-453 FOR HEARING ON PROPOSED ASSESSMENT, CITY PROJECT NO. 912, HARBOR LANE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-454 REVISING CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 6, FERNBROOR LANE TO COUNTY ROAD 101, COUNTY PROJECT NO. 8642/CITY PROJECT NO. 829. Motion carried on a roll call vote, five ayes. Director Moore presented the staff report on the petition for an "A'1 Way" stop at 25th Avenue and Walnut Grove Lane. The Council previously approved placement of a stop sign at the southerly corner of this intersection. Residents have now petitioned for an all -way atop. Staff recommends denial of the petition. Nick Bognanno, 2500 Walnut Grove Laney requested that the Council approve the request. He stated there are four large pine trees at the corner that inhibit visibilityr in addition to a park and 'trail going tc Mooney Lake. RE60LUTION 91-451 APPROVING PLANS AND ORDERING BIDS PROJECT NO. 945 Item *8-0 RESOLUTION 91-452 ORDERING PREPARATION OF ASSESSMENT, PROJECT NO. 912 Item *8-R RESOLUTION 91-45.3 SETTING ASSESSMENT HEARING ON PROJECT NO. 9121 HARBOR LANE Item *3-R RESOLUTION 91-454 REVISING CONSTRUCTION AGREEMENT PROJECT NO. 829 Item *8-S Request fo= "All Way" Stop at 25th Avenue and Walnut Grove Lane Item 'i -T r, Regular Council Meeting August 5, 1991 Page 305 Brian Lokkesmoe, 2415 Walnut Grove Lane, stated traffic speed has recently increased and requested approval of the petition. Staff was directed to conduct speed checks on 25th Avenue at Walnut Grove Lane. MOTION was made by Councilmember Helliwell, RESOLUTION 91-.4U seconded by Councilmember Zitur, to adopt INSTALLATION OF RESOLUTION NO. 91-455 INSTALLATION OF STOP SIGN, STOP SIGN for an "All Way" stop at 25th Avenue and walnut 8-T Grove Lane. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-456 AUTHORIZING PREPARATION OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) SCHMIDT LAKE ROAD FROM I-494 TO VICKSBURG LANE, CITY PROJECT NO. 907. Motion carried on a roll call vote, five ayes. Manager Willis presented a report on the City's participation in the League of Minnesota Cities LMC), Association of Metropolitan Municipalities A101) , Municipal Legislative Commission (.4LC) , and the Suburban Rate Authority (SRA). He outlined the dues for 1991 and 1992, as well as the applicable withdrawal nates should the Council decide to withdraw membership from one or more of the organizations. Councilmember Vasiliou stated the City continues to belonq to the LMC because of the insurance provided; however, she questioned what the insurance alternatives are. Manager Willis stated the LMC dues are based on population of the City. Through the last year, the 1980 population was used to determine the City's membership dues. This year the 1990 population was used which results i:, a large increase. He stated that lobbying is the primary and sole function of the MLC. The other three organizations provide many other services, in addition to lobbying. EESOLUTIQN 91-456 AUTHOPIZZNG EAW ON SCHMIDT LAKE ROAD FROM 3-494 TO VICKSBURG LANE PRCJECr NO. 907 Item *8-U 0 0 Regular Council Meetinq August 5, 1991 Page 306 Manager Willis stated that he feels there is value to each of the organizations, but if the Council decides to reduce the number of memberships, he recommended membersh3pa be maintained in the following order: LMC, AMM, SRA, and MLC. Councilmember Helliwell stated this is a difficult decision because each of the organizations have a different emphasis on different issues. Councilmember Ricker suggested that a letter be send to each of the organizations that a cap needs to be placed on the dues or Plymouth will not be able to com .nue membership in future years. Councilmember Zitur suggested that membership in one organization be discontinued for next year. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to continue the City's membership in the League of Minnesota Cities and the Suburban Rate Authority during 1992. Motion carried four ayes; Councilmember Vasiliou nay. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to continue the City 'a membership in the AMM and MLC, and to direct staff to send letter to the organizations indicating that the City takes serious objection to the dues increases and unless dues are capped, Plymouth may not continue those memberships. Attorney Thomson stated the SRA and MLC are joint powers agreements that the City entered into. The City must follow the bylaws. The LMC and AMM are voluntary organizations. Motion wits made by Councilmember Ricker, seconded by Mayor Bergman, that a let.t.er also be sent to the SRA that Plymouth is resigning its membership from the SRA effective 1--1-93. Motion carred on a roll call vote, four &yea, Vnailiou nay. Membership and SRA Item 8-V in LMC Withdraw Membership from SRA effective 1-1-93 Item 8-V 0 Regular Council Meeting August 5, 1991 Page 307 Councilmember Vasiliou stated her no vote reflects her opposition to remaining in the Suburban Rate Authority this year. She stated the City Manager should have made the Council aware of this membership renewal so the City could have withdrawn this year. Manager Willis stated the Suburban Rate Authority membership was presented to thq Council earlier in the year and no objections were received so membership was renewed. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to split the vote on continuing the membership for the MLC and AMM. Hction carried, four ayes, Councilmember Vaailiou nay. Motion to continue the MLC mcmbership for 1992 carried, Helliwell, Rickert Zitur ayes; Vasiliou and Bergman nays. Motion to continue the AMM membership for 1992 carried, Helliwell, Ricker, Zitur ayes; Vasiliou and Bergman nays. Motion was made by Councilmember Helliwell, seconded by Councilmember Ricker, to adopt RE30LUT ION N0. 91-457 APPROVIWG ADOPTION OF CAPITAL IMPROVEMENTS PROGRAM, 1991-1995. Councilmember Helliwell stated she supports the overall program, but opposes the Schmidt Lake Road construction. Motion carried on a roll call vote, five ayes. Manager Willis stated the Council previously directed that staff submit possible means of financing for the proposed expansion of the existing City Center building. He stated there are three options for finesncing. 1) General obligation bond sale, 2) Existing City reservea, and 3) Combination of general obligation bond sale and use of reserves. Finance Director Hahn has indicated there are sufficient reserves to pay the estimated cost of the project. RF.CALiiTTON 91-457 CAPITAL IMPROVEMENTS PROGRAM 1991-1995 Item 8-W City Center Space Needs Report - Financing Options Item 8-X Regular Council Meeting August 5, 1991 Page 308 Councilmember Ricker stated that the Council should determine if there is a need to expand the building - he believes some expansion is warranted. If there is a need, the financing is available and should be designated. Mayor Bergman stated he is reluctant to do anything right now, othar than the connection to the Public Safety building. Councilmember Ricker suggested that the architect be asked to provide further information that ould assist the Council in determining the amount of space needed. Manager Willis stated the architect has provided information on space needs through the year 2011. He could be asked to provide a more conservative estimate to serve needs for the next five or ten years. Councilmember Zitur stated that the Council should consider the use of reservas for this and other projects. His concern is that the legislature could penalize the City for holding excessive reserves in the future. Councilmember Vasiliou stated she cannot see the need as easily as the Public works or Public: Safety buildings. She would like further information as well. Councilmember Zitur stated additional space is needed, particularly conference rooms for citizen and employee privacy. Manager Willis stated he will ask the architect to provide further, more tangible information, on the space needs at the City Center. NOTION was made by Councilmember Zitur, seconded F$OLUTION_21-460 by Councilmember Helliwell, to adopt RESOLUTION APPOINTING NO. 91-460 APPOINTING ELECTION JUDGES FOR SPECIAL ELECTION ELECTION CONDUCTED BY MAIL BALLOT ON SEPTEMBER 3, JUDGES 1991. Item *8-Y Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 309 MOTION was made by Councilmember Zitur, seconded BU9QLUTi 0-91-411 by Councilmember Helliwell, to adopt RSOLUTION APPROVING NO. 91-461 APPROVING 1991 CIGARETTE LICENSE CIGARETTE LICENSE APPLICATION for Target Greatland. item *8-Z Motion carried on a roll call vote, five ayes. Community Development Director Tremere presented the report requested by the Council and showed slides of trash and recycling containers in various locations in the City and noted the types of problems that can be created by their placement and lack of enclosure, He stated there are 49 pending enforcement efforts relating to unenclosed/unscreened trash containers and unlawful outside storage of materials other than trash or recyclable items. Cher violations noted were obstruction of parking, and obstruction of fire hydrants and building connect ions. He asked that the Council decide whethe, a distinction should be made between containers used for recyclables and all other containers, and provide staff with direction with respect to Zoning Ordinance standards. Mayor Bergman asked the purpose of requiring enclosures? Di rector Tremere stated that the Planning Commis s ion and Council were concerned with aesthetics, location, and sanitation issues during the early to mid 1980'x. The current zoning ordinance standards wore developed before source separation was mandated. Councilmember Helliwell suggested that building owners could be notified by letter requesting them to construct larger or additional enclosures. Jeff Crees of BPI Systems Inc., stated that it is unlikely many businesses would comply with the request due to coat considerations. One concern is that the businesses may discontinue source separation if the cost is too great. Report on Enclosure of Containers used for Trash, Garbage and Recyclables Item 9-A 0 0 Regular Council Meeting August 5, 1991 Page 310 Councilmember Zitur stated that the City has perhaps not sufficiently communicated the City's position to the businesses and, particularly, to the haulers. Councilmem:er Ricker stated that it is possible that, in somo cases. the property owner may not have the land available to construct additional enclosures. He suggested that exceptions be considered if new standards are adopted. Councilmember Vasiliou suggested that a Task Force be satablished to consider the issue. Representatives of various businesses, r:ommerrial and industrial property owners, and refuse haulers could serve on the Task Force. The Mayor stated the issue was one of space which is valuable and the ultimate decision an owner faces is whether to dedicate space to business needs or to trash containers. Director Tremere stated the Council should determine whether it warts to make a distinction between containers designated for recycling and those used for trash. The current standards do not make a distinction. MOTION was made by Councilmember Zitur, secclded by Councilmomber 'Vasiliou, to establish a Task Force to address Chir issue and to direct staff to return with a recommendation for Task Force members and charge. Membership can be developed through publicity and representatives of local bujines.ses, prcperty owners, and city staff should be included. Motion carried, rive ayes. MOTION was made by Councilmeaaber Zitur, seconded by Councilmember Halliwell, to adopt RESOLUTION NO. 91-462 APPOINTMENT OR' JAMES EDWARDS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS, for a term expiring January 31, 1992. This fills the vacancy resulting from Jay Naftgzer's resignation. Motion carried on a roll call vote, four ayes, Vasiliou nay. F,SOLUTION 91-462 APPOINTINV JAMES EDWARDS TO BOZA Item 9-B 0 Regular Council Meeting August 51 1991 Page 311 Councilmember Vasiliou stated she feels there are too many board representatives from the same area of the City. MOTION was made by Councilmember Zitux, seconded by Councilmember Helliwell, to direct staff to send a letter of appreciation to Jay haftgzer for his years of service. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to make no changes to the Policy on the Appointment/Reappointment of Members tc, boards and commissions for 1992. Motion carried, five ayes. Items 8-D and 8-E were tabled to the next meeting. Manager Willis stated that the preliminary proposed budget and tax levy will be placed on the August 19 agenda to comply with the Truth in Taxation statutes. The meeting was adjourned at 12:00 midnight. 4,- City Clerk Policy on Appointments to Boards and Commissions Item 9-C C