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HomeMy WebLinkAboutCity Council Minutes 09-04-1991MINUTES REGULAR COUNCIL MEETING SEPTEMBER 41 1991 The regular meeting of the Plymouth City Co-ocil aa s called to order by Mayor Bergman at 7:00 p.r. in the Council Chambers of the C.tiy Center; 3400 P 1 ymouth Blvd., on September 4, 1991. PRESENT: Mayor Bergman, Counci lmembei s Helliwell, Ricker, Vasiliou, Zitut AS SENT : None STAFF PRESENT: Manager Willis, Assistant Manager Boyles, Community Development Coordinator Di llerud, Public Works Di.-ectui: Moore, Public Safety Director Carlquist, City Attorney Thomson, and City Clerk Rauenhorst Ole). X17.! MOTION was made by Councilmember 16,itur, seconded Consent Agenda by Councilmember Ricker, to approve the Consent Item 4 Agenda as presented. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, anconded by Councilmember Ricker, to approve the minutes off August 19, 1991. Motion carried on a roll call vote, five ayes. 14a yor Bergnan .pen*d a public hearing at 7:01 p.m. on the vs::ation of Xenium Lane in Westminster Au ' i + i0i . No one appeared and the hearing was 1L.- az '7:U2 p.m. MOTJON was made by-ouici]member Helliwell, seconded by Council,,n:nberr t,5 adopt RESOLU12ION No. 91-493 AUTHORIZING THE VACATION OF A PORTION L%jrIZNIUM LANE RIGHT-OF-WAY WITHIN WESTMINSTER ADDITION. Minutes Item * 5 BW90U=Q -U-U3 VACATING PORTION OF XENIUM LANE IN WESTMINSTER ADDN. Item 6-A Regular Council Meeting September 41 1991 Page 326 Motion carried on a roll call vote, five ayes. Mayor Bergman opened an assessment hearing at Assessment 7:02 1..m. on Harbor Lane improvements, Project Hearing - Project No. 912. No. 912 Item 6-B Director Moore stated this project was petitioned for by the developer of the Harbor Place Addition. It was proposed at the time cf the public improvement hearing that the Harbor Place Addition pay for one-half the cost of a 33' wide street with concrete curb and gutter based on its frontage along Harbor Lane. The private lots along the Harbor Lane improvement were proposed to be assessed at the then 1989 Street Reconstruction assessment rate of $889 per lot along with an assessment for concrete curb and gutter. The proposed assesument costs for the Harbor Place development are slightly bi7her than those originally estimated, while the private lot costs for street reconstruction and concrete curb and gutter are less than originally estimated. Director Moore explained the proposed assessment rates and amounts. No one appeared for the hearing, and the hearing was closed e.t 7:18 p.m. MOTION was made by Councilmember Ricker, seconded BL%Wt T1Q8_91-` 2A by Councilmember Situr, to adopt RESOLUTION NO. ADOPTING 91-494 ADOPTING ASSESSMENTS, PROJEIT NO. 912, ASSESSMENTS, HARBOR LANE IMPROVEMENTS, HARBOR PLACE ADDITION. PROJECT NO. 912 Item 6-B Motion carried on a roll call vote, five ayes. MOTION was made by Councilmcimer Picker, seconded 8E$QI _9i=425 by Councilmember Ritur, to adopt RESOLUTION NO. ADOPTING 91-495 ADOPTING ASSESSMENTS, PROJECT NO. 912, ASSESSMENTS, HARE,"' LANE IMPROVEI'ENTS, ALL PROPERTY EXCEPT PROJECT NO. 912 HARB"N'. PLACE ADDITION. Item 6-B Motion carried on a roll call vote, five ayes. Regular Council Meetin4 September 4, 1991 Page 327 Community Development Coordinator Dillerud explained the requesr. of the United States Postal Service for Site =tau, Conditional Use Permit and Variances for a new 34,000 square foot postal facility on the south side of 45th Avenue North and west of Highway 169. StafZ and the Planning Commission recommended approval with three conditions: 1) The "courtesy lane" parallel to 45th Avenue North shall be increased in width from 12 feet to the zoning ordinance minimum standard of 14 feet; 2) Site lighting shall be modified to retain the .5 foot candle contour within the site boundaries; and 3) off-street parking shall be increased to 118 spaces. He stated the Postal Service has declined to amend their plan to incorporate these changes. Coordinator Dillerud stated the variance for a lesser width for the courtesy drive-through drop- off lane is not re"mmended because there is sufficient area for construction of the 14 foot width, which is the Ordinance standard. The additional off-street parking spaces are recommended baaed on the parxinq problems that currently exist at the postal facility at 34th Avenue and Plymouth Blvd. The new postal facility plan proposes 88 off-street parking spaces. This is based on the same ratio of off- street spaces to building size as the existing Postal facility at 34th Avenue and Plymouth Blvd., where there are significant parking problems. The City has allowed postal employee parking along 34th Avenue due to the severity of the parking problem. The Planning Commission recommends that 114 parking spaces be required. Councilmember Vasiliou stated her concerns with the site plan relate to the parking pro}lams at the existing facility on 34th Avenue. She stated there are serious parking problems at that facility on weekdays. The proposed 12 ft. drive aisle at the aew facility is too narrow and snow storage could be n problem. Councilmember Situr stated he would support the site plan as proposed by the postal servi.ce because there is adequate on -street parking, should the off-street parking not be sufficient. U.S. Postal Service (91041) Item 7-A Regular Council Meeting September A, 1991 Page 328 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, t, approve the site plan as proposed by the post*b service. Councilmember Vas iliou cited a recent newspaper article about the Golden Valley post office which indicated that t.here have been parking problems at that facility since 1966. She has visited the new post office in Bloomington and there is sufficient parking at that location. She stated that the 45th Avenue site is of adequate size to do the project right and sufficient parking and drive aisle width should be included. Steve Hustad represented the postal service. He stated that they have no problem with the condition related to lighting requirements because they believe they comply with the Ordinance standards. He stated the parking garage should not be included in calculating the required parkirag. He stated that about 38 employees would initially be employed at the new facility, and there are 63 employee parking spaces proposed. Mr. Hustad stated the Golder Valley facility is being planned for replacement, and the plan for the new Plymouth facility is the same plan as the new Bloomington facility. In response to s question from the Council, Public Safety D i rector Carlquist stated it is his understanding that many of the employees working at the existing facility will move to the new facility. Councilmember Helliwell stated that 63 parking spaces should be sufficient with only 38 employees. Mayor Bergman asked if there has been a decision about a name for the facility. Mr. Hustad stated the proposed Medicine Lake Branch. General discretion to change the name. introduced the designer of the Ludgren. name is West Manager Brown has Mr. Hustad facility, Collin Manager Willis stated the City's community identity could be enhanced by having the name Regular Council Meeting September 4, 1991 Page 329 Plymouth" as part of the name of the new postal facility, and the City strongly supports thi-. Mr. Hustad stated the name "Bloomington" appears in the name of the new branch facility in Bloomington. Councilmember Helliwell asked why staff objects o reducing the courtesy lane width to 12'. Public Works Director Moore stated that if a vehicles stalls, other vehicles cannot get around the stalled vehicle. Also: 12' is very narrow for snow removal. SUBSTITUTE MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-496 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR THE UNITED STATES POSTAL SERVICE LOCATED AT THE SOUTH SIDE OF 45TH AVENUE NORTH AND WEST OF HIGHWAY 169 (91041), deleting Condition 9-C regarding the increased off-street parking spaces. Conditions 9-A and 9- B remain in the resolution. Motion carried, four ayes, Zitur nay. Coordinator Di?.lerud stated the Planning Commission recommended approval of the preliminary plat, rezoning, and subdiv+04c:. variance for Lowry Hill Development for a 54 lot single family detached development at the ncrtheast corner of Holly Lane and County Road 9. The recommendation includes a condition recommended as mitigation for the subdivision variance to provide a temporary emergency access south from the end of Comstock Lane cul-de-sac to Old Rockford Road. This emergency access would be used only by City emergency vehicles. The Planning Commission did not concur with the staff recommendation or the need to amend the plat design to accommodate internal access through this plat to the parcel owned by Deziel at the northeast corner of Holly Lane and Old Rockford Road. Staff continues to recommend that this plat provide internal ac,esB to that parcel. RESOLUTION 91-496 APPROVING SITE PLAN AND CUP FOR U.S. POSTAL SERVICE (91041) Item 7-A Lowry Hill Development 91047) Item 7-B Regular Council Meeting September 4, 1391 Page 3:0 Coordinator Dillerud stated that Holly Lane and Old Rockford Road are on the City's Transportation Plan as collector streets. Future considerations of direct access to Holly Lane from this parcel in extremely close proximity to an intersection with Old Rockford Road, as well es the ultimate use of the parcel if it is oriented to thoroughfare streets rather than internally, are the basis for staff's concerns. The Planning Commission did not concur with st.af f's concern relating to the internal orientation of the parcel. He stated the reorientation could be accomplished by an easement so that both parcels would access to 45th Avenue and not to Holly Lane or old Rockford Road. Another option would be to provide an easement to Garland Lane through proposed Lots 3 and 4 to serve the Desiel property. Karla Blevins, 16440 Old Rockford Road, stated she learned at the Planning Commission that a road was proposed through her parcel. She stated they currently have access and do not need or desire a road going through the property. Manager Willis statea this is one concept that could be used if their property is further subdivided. If the parcel remains with the single family home, there would be no need for the road. However, if the property is subdivided, there is an interest in develDping the road for traffic circulation. A]1 access would be onto Black Oaks Lane rather than Old Rockford Road. Ms. Blevins stated they may prefer a cul-de-sac off of County Road 9. Manager Willis stated that it is fair from a planning perspective to consider how adjacent parcels may develop. if the Blevins property is further subdivided, the road through the property will be needed. Me. Blevins stated the road is in the interest of Lowry Hills Development; not in her interest. She requested that. the Council tcblo the item so ehe can check available options. 0 0 Regular Council Meeting September 41 1991 Page 331 Mary Wenzeil, 18820 County Road 24, agreed with the statements made by Ms. Blev'.ns. Rick Satire, Sathre-Bergquist Xnihitects, stated he had conversations with Mr. Blevins about six months ago. At that time, Mr. Blevins asked if Lowry Hills Development had any interest in purchasing the Blevins' property. Mr. Sathre stated that in drawing the road through the Blevins' property, he was trying to maximize the number of lots on that parcel. There are a number of ways to develop it. Mr. Sathre stated he supports building a temporary cul-de-sac at the property lint until such time as the road is extended. The cul-de- sac could also be moved somewhat to the north. The Council could choose whether to extend thet road in the future. s. Sathre atated the emergency access would require removal of trees. The access is temporary, but wculd have permanent affect on the land due to the layout necessary to accommodate the access and the loss of trees. Mr. Sathre requested that the Council amend Condition No. 7 of the resolution to allow one building permit to be issued before the Final Plat is filed and recorded with Hennepin County. Ms. Blevins suggested that a permanent street be constructed, rather than a temporary: emergency access to Comstock Lane. This would provide for a cul-de-sac on Black Oaks Lane. Mr. Sathre stated that this option was considered and reviewed by staff. The proposal was rejected because the plan would result in a staggered intersection. Councilmember Ricker stated that if this plat is developed as proposed, it will affect future development plans of the surrounding parcels. He stated that the Lowry Hills plan is not ideal if it affects surrounding properties. He suggested that Black Oaks Lane be moved back from the property line and ended in a permanent cul-de-sac and that Comstock Lane be exited to Dunkirk Lane. A Regular Council Meet'_ng September 4, 1991 Page 332 MOTION was made by Councilmember Ricker, seconded t,; Counci:member Helliwell, to approve the preliminary plat for Lowry Hill Development with a permanent cul-de-sac of Black Oaks Lane, and with Comstock Lane extended; Dunkirk Lane would remain as planned. Councilmember Zitur stated the Council should not be involved in designing the project, the item should be referred back to the Planning Commission for redesign consideration. Bernie Barr, Lowry Hills Development, objected to the item being referred back to the Planning Commission. Councilmember Vasiliou moved to call for the question. Motion failed; Ricker and Helliwell ayes; Vasiliou, Zitur, and Bergman nays. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to refer the item back to Planning Commission. Motion carried; five ayes. MOTION was made by Courcilmember Zitur, seconded jyF'SOL• ngm 91-4-21 by Councilmember Ricker, to adopt RESOLUTION NO. APPROVING AMENDED 91-497 APPROVING AMENDED PRELIMINARY PLAT AND PRELIMINARY PLAT SUBDIVISION VARIANCES FOR JOHN HENNING FOR SUNSET AND SUBD. VALLEY HOMES 2ND ADDITION (91051). VARIANCES FOR SUNSET VALLEY Nction curried on a roll call vote, five ayes. HOMES 2ND ADDITION 91051) Item *7-C MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-498 by Coun^+.imember Ricker, to adopt RESOLUTION NO. APPROVING AMENDED 91-498 APPROVING AMENDED FINAL PLAT AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR JOHN HENNING FOR SUNSET DEVELOPMENT VALLEY IiOMES 2ND ADDITION (91051). CONTRACT FOR SUNSET VALLEY Moti:.n carried on a roil call vote, five ayes. HOMES 2ND ADDITION 91051) Item *7-C 0 0 Regular Council Meeting September 4, 1991 Page 333 MOTION vr9 made by Corncilmomber Zitur, seconded RESOLUTION 91-499 by Councilmember Ricker, to adopt RESOLUTION NO. SETTING CONDITIONS 91-499 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OF AND RELATED TO THE AMENDED FINAL PLAT FILING (91051) FOR SUNSET VALLEY HO11ES 2ND ADDITION (91051). Item *7-C Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-500 APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR GRAYBOW DANIELS 91058) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-501 APPROVING HOME OCCUPATION CONDITIONAL USE PERMIT FOR ROBERT WALZ FOR A TRAVEL AGENCY AT 9600 -17TH AVENUE NORTH (91061). Motion carried on a roll call vote, five ayes. MOTION wap made by Councilmember Zitur, seconded by Councilicember Ricker, to adopt RESOLUTION NO. 91-502 APPROVING DIVISION OF PLATTED PROPERTY FOR TIM REECE FOR PROPERTY LOCATED AT 2365 HEMLOCK LANE AND 2360 IVES LANE (91053). notion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-503 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO DIVISION OF PLATTED PROPERTY AND APPROVING SUBDIVISION AND SHORELAND MANAGEMENT ZONING VARIANCES FOR TIM REECE 91053). Motion carried on a roll call vote, five ayes. RESOLUTION 91-50Q APPROVING AMENDED SITE PLAN AND CUP FOR GRAYBOW DANIELS (91058) Item *7-D RESOLUTION 91-501 APPROVING HOME OCCUPATION CUP FOR ROBERT WALZ FOR A TRAVEL AGENCY 91061) Item *7-E RESOLUTION 91-502 APPROVING DIVISION OF PLATTED PROPERTY AT 2365 HFATLOCK LANE AND 2360 IVES LANE 91053) Item *7-F g,3OLJ'PIi?N 91-503 SETTING CONDITIONS TO BE MET PRIOR TO FILING (91053) Item *7-F MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-5t4 by Councilmember Ricker, to adopt RESOLUTION NO. APPROVING CUP FOR 91-504 APPROVING CONDITIONAL USE PERMIT FOR PEPPERMINT FENCE PEPPERMINT FENCE PRESCHOOL/PLYMOUTH COVENANT PRESCHOOL (91072) CHURCH (91072) . Item *7-G Motion carried on a roll call vote, five ayes. Regular Council Meeting September 4, 1991 Page 334 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt ORDINANCE NO. 91-25 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 19801, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO LIMITED RETAIL ACTIVITY AS A SECONDARY OR INCIDENTAL USE IN THE I-1 (PLANNED INDUSTRIAL) DISTRICT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilakember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-505 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CSM CORPORATION FOR BASS LAKE HILLS TOWNHOMES (88060) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-506 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR OPUS CORPORATION (89061). Motion carried on a roll call vote, five ayes. MOTION was wade by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-507 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR BERKSHIRE LANE LIMITED PARTNERSHIP FOR THE NEW HORIZON DAYCARE CENTER (90030). Motion carried on a roll call vete, five ayes. Coordinator Dillerud stated that James and Corinne Guddal have requested final plat approval for Avonlea Addition to create a three lot subdivision on an existing parcel of 1.28 acres. He stated the final plat is identical to the preliminary plat previously approved by the City Council. A condition of the resolution approving the preliminary plat was the prohibition of access to Vicksburg Lane for two lots that front on Vicksburg Lane, except a temporary access for a lot that contains the existing Guddal residence could continue until issuance of a building permit for either of the two new lots. The ORDINANCE 91-25 AMENDING ZONING ORDINANCE RELATIVE TO LIMITED RETAIL ACTIVITY AS A SECONDARY USE IN THE I-1 DISTRICT Item *7-H ESQLUTION 91-505 REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BASS LOKE HILLS TOWNHOMES (68060) Item *1-I MSQLUTION 91-506 RELEASE OF SITE PERFORMANCE GUARANTEE FOR OPUS CORPORATION 89061) Item *7-J RESOLUTION 91-507 RELEASE OF SITE PERFORMANCE GUARANTEE FOR NEW HORIZON DAYCARE CENTER (90030) Item *7-K James and Corinne Guddal - Avonlea Addition (90087) Item 7-L 0 0 Regular Council Meeting September 4, 1991 Page 335 developer has returned the Development Contract unsigned and objects to the prohibition of access and the easement being requested between *.ots 2 and 3. Councilmember Ricker stated that the motion approving the preliminary plat contained direction to the staff to rescind the special assessment policy and to refund the principal amount of any excess special assessments paid over what would have been paid if the property had not had access to Vicksburg Lane. Mr. Guddal has received a letter from staff refusing reimbursement of assessments. Councilmember Helliwell agreed with Councilmember Ricker that the City should not penalize a property owner, by requiring closure of access, because the owner is developing his property. Councilmember Zitur stated he will not support retaining the access to Vicksburg Lane for safety reasons. Councilmember Ricker stated the City assumes no additional risk by leaving the access open. it is an existing condition. He suggested that the Guddals' be allowed to retain the Vicksburg Lane access as long as they own their property. The easement between Lots 2 and 3 will still be needed. Mr. Guddal stated he feels it is unfair for the Council to use safety as the reason his access should be closed. Councilmember Vasiliou stated that later in the meeting, the Council will consider whether to ask the Department of Transportation to review the speed limit in this aroa. This is a dangeroub stretch of road because of the excessive vehicle speed and two new elementary schools. The City must be concerned with safety. Mayor Bergman stated he would support allowing Mr. Guddal to retain the Vicksburg access as long as he owns the home. Regular Council Meeting September 4, 1991 Page 336 Councilmember Ricker suggested that Mr. Guddal be allowed to decide whether he wants a refund of special assessments and closes the access, or whether he •e°•hes to retain the access as long as he owns the home. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to allow the Guddals' to retain the Vicksburg access as long as they own the property 4Z to accef-t the refund of special assessments and close the access with the filing of the final plat. Attorney Thomson suggested that if the Guddals' accept the first option of retaining the access, that a declaration be placed on the prop9rty title so that future interested parchasere of the property are aware that the access will be closed. The Council directed staff to see that such a declaration is placed on the title if this option is chosen by the Guddals'. Motion carried, four ayes, Zitur nay. This amendment was incorporated into the draft resolutions. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt RESOLUTION 91-508 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR JAMES AND CORINNE GUDDAL FOR PROPERTY LOCATED AT 4465 VICKSBURG LANE (90087). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt RESOLUTION NO. 91-509 SETTING CONDIT10NS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PIAT OF THE AVONLEA FOR JAMES AND CORINNF GUDDAL FOR PROPERTY LOCATED AT 4465 VICKSBURG LANE (90087), allowing the Guddals' the option of retain+ng the Vicksburg access as long as they own the property gr accepting the refund of special assessments and closing the access with the filing of the final plat. Motion carzied on a roll call vote, five t.yes. RESOLUTION 91-$j@ APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR GUDDAL (90087) Item 7-L RESOLUTION 91-509 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90087) Item 7-L 0 0 Regular Council Meeting September 4, 1991 Page 337 MOTION was made by Councilmember Ricker, seconded $ZSOLUTION 1-510 by Mayor Bergman, to adopt RESOLUTION NO. 91-510 ADOPTING ADOPTING ASSESSMENTS, PROJECT NO. 125, SANITARY ASSESSMENTS SEWER AND WATERMAIN AREA - AVONLEA. PROJECT NO. 125 Item 7-L Motion carried on a roll call vote, five ales. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-311 REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED STUDY - VTCKSBURG LANE, SCHMIDT LAKE ROAD TO COUNTY PAD 41. Motion carried on a roll call vote, five ayes. Mayor Bergman requested that staff ^ommunicate to the Department of Transportation the problem during school days of crossing the railroad tracks going north and the problem with the school bus picking up children at that location.. This in a very dangerous location because of the hills and speed of vehicles. MOTION was made by Councilmember vasiliou, seconded by Councilmember Zitur, to direct the City Manager to send a letter to Dr. Lands"erk asking the school district to reconsider the bus route and stop at this location. Motion carried, five ayes. Director Moore stated the road*ay was designed for 45-50 mph to meet state aid Ptandards. MNDOT will loo._ at night distance. He stated that it is likely that the speed will k•s established a'.: the speed at which 85 percen'• of the driver® are going. He stated it is aossib.e that the speed limit could come back increased. Mayor Bergman suggested that, a speed limit of 40 mph be recommended in a letter to the MnDOT. Councilmember Vaailiou stated that the addition of two new elementary schools in the immediate area should also be noted to the MnDOT. MOLUTION 91-51 RF'2UESTING MNDOT TO CONDUCT SPEED STUDY - VICKSBURG LANE, SCHMIDT LAKE ROAD TO C.R. 47 Item 7-M Regular Council Meeting September 4, 1991 Page 338 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-512 HENNEPIN COUNTY ADULT CORRECTIONS FACILITY, asking the Planning Commission to study and recommend whether additional requirements for spacial or other buffering of adult correctional facilities from adjacent neighborhoods should be adopted. Greg Bohnert, 845 Ranchview Lane, supported the Counci..'s motion. He stated this 400 bed facility is the third or fourth largest "prison" in the state. The demographics of the facility have c'aanged greatly, and the size of the work release program has increased. The women's facility was recently expanded and parking improvements were made on the site. He stated the City is reactionary each time Hennepin County requests expansion or modification of the facility. This study would be a proactive approach where affected property owners could be involved with the discussions. Councilmember Vasiliou stated the County's master plan shows an expansion of the facility. If the City cannot stop the expansion, perhaps some ontrols can be developed so it minimally affects the abutting neighborhood. She requested that the neighborhood representativ3s be advised of the discusaicna. Motion carried on a roll call vote, five ayes. RESOLUTION 91-512 HENNEPIN COUNTY ADULT CORRECTIONS FACILITY Item 7-N MOTION waa made by Councilmember Vasiliou, City Center Space seconded by Mayor Bergman, that consideration of Needs Study the City Center space needs report be deferred Item 7-0 until after the 1992 budget sessions. Councilmember Vaailiou stated that going forward with this project would draw down reserves to about $100,000. She doesn't feel comfortable running the reserves that low without knowing what the 1992 budget holds. Councilmember Zitur stated he is not willing to do the entire project, bdt feels it needs to move forward. a Regular Council Meeting September 4, 1991 Page 339 Councilmember Ricker stated the Council should recognize the difference in funds and what they are meant to do. The Purpose of the Public Improvement Revolving Fund is to construct infrastructure improvements in the community. It does affect the general fund because improvements will have to be maintained in future years. He stated the Council should decide whether or not this is the right time to consider expansion of the City Center. There are funds available, and additional monies are projected for the P.I.R. fund in 1992. The architect has stated that there is need for the project; the Council should determine the extent of the need. Money is now available, and the project should not be delayed for budgetary reasons if there is true need. Also, there will be cost advantages of combining the project with the construction of the new Public Safety building. The project would be an investment for the community. It is an area where citizens of the community come to do business and where employees of the City work. Mayor Bergman stated he would like to step back and take time on this. He stated the space is needed, but a lot of money has already been spent this year on the Public Safety building and Public Works building. Councilmember Zitur stated the project should move fox -ward. Cities with significant reserve funds may be further penalized by the state and the City Council should look forward to improving the community. He stated there are people lined up at the counter as there is not sufficient conference room space. There is no privacy for citizens or employees. Councilmember Helliwell stated that maturing debt service funds will add ironies to the P.I.R. Fund. She supports the project moving forward along with the Public Safety building. SUBSTITUTE MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to appropriate money for the architect to proceed with plans for the City Center expansion at an estimated cost of $2,733,000. Regular Council Meeting September 4, 1991 Page 340 Councilmember Ricker stated that his motion would carry the project through the development of plans. A future Council can decide whether to proceed with construction. Motion carried on a roll call vote, Helliwell, Ricker, Zitur ayes; Vasiliou and Bergman nays. Manager Willis presented a proposed Agreement for Engineering Contracts deferred from a previous meeting. Uniform uniform Consulting which was Agreement Item 7-P Councilmember Vasiliou asked why a standard agreement was necessary -- why not develop a specialized agreement for each project. She asked if it is a benefit to the City to have a standardized contract. Attorney Thomson stated the agreement is presented in response to City Council direction. The Council previously directed that it is beneficial to use an agreement drafted from the City's not the firm's perspective. If a firm is going to be a consulting engineer for the City of Plymoutv., they will be aware of the requirements. Councilmember Vasiliou asked if items would be added to the agreement if there was a unique project. Attorney Thomson responded - yes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to approve the Uniform Agreement for Engineering Contracts as presented. Motion carried, five ayes. Manager Willis suggested that the Council Method of consider the method of selecting consulting Selecting engineers in the event that they wish to add or Consulting delete firms from the existing list He stated Engineers it is the decision of the Council how many firals Item 7-Q to have and how satisfied they are with the currant firms. Councilmember Vasiliou asked if this would preclude new firms from being added. 0 Regular Council Meeting September 4, 1991 Page 341 Manager Willis stated the Council went through the interview process and established a list of selected firms. It is the Council's discretion to add or delete firms from this list. MOTION was made by Councilmember vasiliou, seconded by Mayor Bergman, to make no changes to the method of selecting consulting engineers for consideration for various public projects. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-513 AUTHORIZING AMENDMENT TO DEVELOPMENT CONTRACT FOR BRIDLEWOOD FARM ADDITION FOR U.S. HOMES CORP. (90028) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91 -514 ADOPTING ASSESSMENTS, PROJECT NO. 1211 SANITARY SEWER AND WATERMAIN AREA - BRIDLEWOOD FARM. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Sticker, to adopt RESOLUTION NO. 91-515 PUBLIC WORXS BUILDING EXPANSION PROJECT, FUELING FACILITY, CITY PROJECT NO. 009. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 92.-516 REDUCING DEVELOPMENT BOND, CURTIS LUM ADDITION (90105) . Motion carried.on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-517 REDUCING DEVELOPMENT BOND, SHILOH PINES ADDITION (e8025). Motion carried on a roll call Jote, five ayes. 0 BSOLUTION 91-513 AMENDMENT TO DEVELOPMENT CONTRACT FOR BRIDLEWOOD FARM ADDITION (90028) Item *7-R RESOLUTION 91-514 ADOPTING ASSESSMENTS, PROJECT NO. 121, BRIDLEWOOD FARM Item *7-R RESOLUTION 91-515 PUBLIC WORKS BUILDING EXPANSION PROJECT FUELING FACILITY, PROJECT NO. 009 Item *7-S RKSOLUTION. 21-916 REDUCING DECELOPMENT BOND, CURTIS LAKE ADDIT?ON (90105) Item *7-T-1 M03+ =Ii -91-517 REDUCING DEVELOPMENT BOND, SHILOH PINES ADDITION (880 5) Item *7-T-2 Regular Council Meeting September 4, 1991 Page 342 MOTION was made by Councilmember Zitu:, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-518 REDUCING DEVELOPMENT BOND, HERITAGE WOODS ESTATES ADDITION (89008). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-519 AWARDING BID, 15TH AVENUE - NOR'T'H OF SOUTH SHORE DRIVE, CITY PROJECT NO. 945. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-520 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 9TH AVENUE/RANCHVIEW LANE, CITY PROJECT NO. 947. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-521 FOR HEARING ON PROPOSED ASSESSMENT, 9TH AVENUE/RANCHVIEW L:1NE, CITY PROJECT NO. 947. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-522 AUTHORIZING INSTALLATION OF "NO PARKING" SIGNS ON VINEWOOD LANE BETWEEN COUNTY ROAD 9 AND 42ND AVENUE AND 42ND AVENUE BETWEEN VINEWOOD LANL" AND NORTHWEST BOULEVARD. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to not hold a doer hunt in 1991 and to table the issue indefinitely. Councilmember Vasiliou stated she may support a hunt in future years, however, there is not sufficient time to publicize the hunt to hunters, r1fected property owners, and the general public this year before the season opens. RESOLUTION 91-518 REDUCING DEVELOPMENT BOND, HERITAGE WOODS ESTATES ADDITION 89008) Item *7-T-3 RESOLUTION 91-519 AWARDING BID, 15TH AVENUE - NORTH OF SOUTH SHORE DRIVE, PROJErT NO. 945 Item *7-U RESOLUTION 91-520 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT, PROJECT NO. 947 Item *7-V RESOLUTION 91-521 SETTING HEARING ON PROPOSED ASSESSMENT, PROJECT NO. 947 Item *7-V 8ES5 1T ML91-522 AUTHORIZING INSTALLATION OF STOP SIGNS Item *7-W Deer Hunt - Reducing Deer Population Item 7-X Regular Council Meeting September 4, 1991 Page 343 Menager Willis noted that considerable staff effort has been expended on this topic and that the isaue would not be returned to the Council without their direction. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-523 SUPPORTING ENACTMENT BY THE UNITED STATES CONGRESS OF S.F. NO. 1557 LIHITING LIABILITY OF MUNICIPALITIES UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ("CERCLA") Motion carried on a roll call vote, five ares. Assistant MF.nager Boyles presented the request for declarrtion of natural preserves for 5070 Ximines Lame and 10400 31st Avenue North. Councilmember Vasiliou noted there is litigation in other communities relating to this issue and asked if this will be an issue in Plymouth in the future. Manager Willis predicted that the issue will become greater, particularly if the Metropolitan Council restricts the consumption of water in future years and in times of drought. As a result, people may move to using ground covers that are less dependent on irrigation and that will raise the issue of the types allowed. In response to a Council sueetion, Assistant Boyles stated that natural preserves may not contain noxious weeds. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-524 DECLARING A NATURAL PRESERVE at 5076 Ximines Lane. Motion carried on a roll call vote, five ayes. a RESOLUTION 91-523 SUPPORTING ENACTMENT OF S1557 REGARDING MUNICIPAL LIABILITY UNDER FEDERAL SUPERFUND Item R7 -Y M-k9QLUTION 91-52 DECLARING A NATURAL PRESERVE AT 5070 XIMINES Item 7-Z-1 Regular Council Meeting September 4, 1991 Page 344 MOTION was made by Councilmeaiber Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-525 DECLARING A NATURAL PRESERVE at 10400 31st Avenue North. Motion carried on a roll call vote, five ay.ts Manager Willis presented the results of the special election held on September 3, 1991. He noted this was the first mail ballot election held in Hennepin County. There were 4,072 yes votes; 9,190 no votes; 3 blank ballots; and 31 defective ballots. The voters determined that Ordinance 90-41 is not valid and there will be an election in November for the Mayor seat and two City Council seats. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-526 CERTIFYING RESULTS OF SEPTEMBZR 3, 1991, SPECIAL ELECTION. Motion carried on a ro]1 call vote, five ayes. RESOLUTION 91-525 DECLARING A NATURAL PRESERVE AT 10400 31ST AVENUE NORTH Item 7-Z-2 ESSOL•UTION 91-526 CERTIFYING RESULTS OF 9-3-91 SPECIAL ELECTION Item 7 -AA Councilmember Zitur stated he plans to meet with Water Quality staff to develop a plan for activation of the committeemmiBAWaterQualityCommittee. item Councilmember Vasiliou stated that when the Private Street Task Force was formed, part of their charge was to determine whether financial consideration should be made to individuals living on private streets, and if so, tho source of that funding. She suggested that the Water Quality Committee charge include the same language. MOTION was made by Councilmember Vasiliou, seconded by Counuilmember Zitur, to adopt the charge of the Water Quality Committee, including a recommendation on the source of funding if there is a finding that financial assistance is needed for lake water quality. Motion carried, live ayes. 0 Regular Council Meeting September 4, 1991 Page 345 MOTION was made by Cour.cilmember Zitur, seconded by Councilmember Helliwell, to appoint Ed Albro as the industrial business representative to the Task Force for Outdoor Trash Container Screening. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Hell-iwell, to appoint Jill Wightman to the Task Force for Outdoor Trash Container Screening. Motion carried, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to appoint John Weller to the Task Force for Outdoor Trash Container Screening. Motion carried, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Zitur, to appoint Linda Oja as an alternate to the Task Force for Outdoor Trash Container Screening. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember :itur, to direct staff to select representatives from the remaining groups on the task force. Motion carried, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to direct staff to publicize that applications will be accepted from residents in Districts 2, 3, and 4 of the City through September 27 .:o fill two vacancies on the Planning Commission. Motion carried, five ayes. Task Force for Outdoor Trash Container Screening Item 8-B Vacancies on Planning Commission Item 8-C Regular Council Meeting September 4, 1991 Page 346 MOTION was made by Courcilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-527 APPOINTING FRED LIPS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS, to fill the unexpired vacant term. Motion carried on a roll call vote, five ayes. Manager Willie encouraged the Council to follow the issue and attend meetings on the metropolitan water supply being conducted by the Metropolitan Council. This will be a very important issue in the future that will affect the City. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to direct staff to send a letter to Mary Anderson, Chair of the Metropolitan Council, and to Governor Carlson, copied to the area legislators, indicating the City's concern on this issue. Motion carried, five ayes. Councilmember Zitur suggested that a future issue of the Plymouth News contain an article on what residents legally can and can't do with regard to pumping water from lakes and streams in Plymouth. The meeting was adjourned at 10:00 p.m. 1 City Clerk ggSOLUTION 91-Ul APPOINTMENT TO HOARD OF ZONING ADJUSTM2=S AND APPEALS item 8-C Water Supply - Metropolitan Council Study Item 8-D