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