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HomeMy WebLinkAboutCity Council Minutes 10-21-1991MINUTES REGULAR COUNCIL MEETING OCTOBER 21, 1991 The regular meeting of the Plymouth City Council was called to order by Mayor Bergmen at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 21, 1991. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: Hbnagor Willis, Assistant Manager Boyles, Community Development Coordinator Dillerud, Public Works Director Moore, Park Director Blenk, Finance Director Hahn, Public Safety Director Carlquist, City Attorney Thomson, and City Clerk Rauenhorst RRESENTATI4Z1 Renee Schiek, Golden valley VFW, presented the City with an MIA -POW flag to display at the City Center. Item 8-D was moved to the beginning of the agenda following the approval of minutes. Item 7-W regarding a settlement agreement for County Road 6 right-of-way, Project No. 250, was added to the consent agenda. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the Consent Agenda as amended. Motion carried on a Loll call vote, five ayes. MTNUT..ES MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the minutes of the October 7, 1991, meeting. Motion carried on a roll call vote, five ayes. 2Tesentation Consent Agenda Item 4 Manutes rtr.m *a 0 Regular Council Meeting October 21, 1991 Page 403 MOTION was made by Councilmember Vasiliou, Planning seconded by Councilmember Zitur, to appoint Roger Commission Scherer and Joan Graffius to the Planning Appointments Commission. Item 8-D SUBSTITUTE MOTION war, made by Co•.incilmember Helliwell, seconded by Councilmember Ricker, to vote on each appointment separately. Motion carries, three ayes; Vasiliou and Bergman nays. MOTION was made by Councilmember Helliwell, seconded by ^.ouncilmember Ricker, to adopt RBSOLUTICN NO. 91-636 APPOINTMENT TO PLANNING COMMISSION, appointing Roger Scherer from District 4 for 3 term expiring January 31, 1994. Motion carried, four ayes; Vasiliou nay. MOTION was made by Councilmember Helliwell, seconded by Councilmember Ricker, to appoint Linda Oja to the Planning Comm'eslon. Motion failed; Helliwell and Ricker ayes; Vasiliou, Zitur, and Bergman nays. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 91-637 APPOINTMENT TO PLANNING COMMISSION, appointing Joan M. Graffius to an at -large term expiring January 31, 1992. Motion carried, four ayes; Helliwell nay. Councilmember Vasiliou stated that ane supports Roger Scherer as an appointee, and her no vote was beycause she did not know the outcome of the second vote Mayor Bergman opened a public hearing at 7:10 p.m. on the on -sale intoxicating and Sunday liquor license application of Chili's of Minnesota Inc. MOLUTION 91-636 APPOINTING ROGER SCHERER TO PLANNING COMMISSION Iten 8-D 8ES9LUTITO 91-_637 APPOINTING JOAN GRAFFIUS TO PLANNING COMMISSION Item 8-D Regular Council Meeting October 21, 1991 Page 404 No one appeared, and the hearing was closed at 7:10 p.m. Councilmember Vasiliou complimented the applicant on their thorough license application. MOTION was made by Councilmember Vasiliou, M3DLt1T=ON 91-638 seconded by Couneilmember Zitur, to adopt APPROVING ON -SALE RESOLUTION NO. 91-636 APPROVING ON -SALE AND AND SUNDAY LIQUOR SUNDAY INTOXICATING LIQUOR LICENSES FOR CHILI'S LICENSE FOR OF MINNESOTA, INC. CHILI'S OF MINNESOTA INC. Motion carried on a roll call vote, five ayes. Item 6-A Mayor Bergman opened a public hearing at 7:11 p.m. on the on -sale intoxicating and Sunda!; liquor license application of West Mim eapolis Management Ltd., d/b/a Plymouth Place. No one appeared, and the hearing was closed at 7:11 p.m. MOTION was made by Councilmember Helliwell, $SOLUTION 91-0 seconded by Ceuncileember Ricker, to adopt APPROVING ON -SALE RESOLUTION NO. 91-639 APPROVING ON -SALE AND AND SUNDk%! LIQUOR SUNDAY INTOXICATING LIQUOR LICENSES ?'OR WEST LICENSE FOR MINNEAPOLIS MANACEWMT LTD. PLYMOUTH PLACE Item 6-B Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:12 p.m. on 1991 Weed Eradication and Destruction, Roll 1, and 1991 Tree Removal and Destruction, Roll 1. No one appeared for the hearing. Manager Willis read a written objection to the weed assessment received from John H. Anderson, 7300 Ridgeway Road, Golden Valley, for parcel 14- 118-22-21-0019. The hearing was closed at 7:13 p.m. MOTION was made by Councilmember Vasiliou, FvQ_QL=N 91-6" saconded by Councilmember Zitur, to adopt ADOPTING 1991 WEED RESOLUTION NO. 91-640 ADOPTING ASSESSMENTS, 19^1 EFADICATION AND WEED ERADICATION AND DESTRUCTION, ROLL I. DE-7TRUCTION, R(ILL 1 Motion carried on a roll call vote, five ayf.. Item 6-C Regular Council Meeting October 21, 1991 Page 405 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RE30LUTION NO. 91-641 ADOPTING ASSESSMENTS, 1991 TREE REMOVAL AND DESTRUCTION, ROLL 1. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public improvement hearing at 7:13 p.m. on the 1992 Street Reconstruction Program, Project No. 201. Manager Willis explained the proposed project. No one appeared for the hearing, and the hearing was closed at 7:14 p.m. In response to a question by Councilmember Vasiliou, Manager Willis stated the 1992 Street Reconstruction Program and related materials follow the guidelines established by the Council. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-642 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS 1992 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 201. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:15 p.m. on vacation of a temporary street easement over Lots 20 and 221 Block 2 and Lot 11, Block 4, Heritage woods Estates Second Addition. No one appeared, and the hearing was closed at 7:15 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmomber Helliwell, to adopt RESOLUTION NO. 91-643 AUTHORIZING THE VACATION A TEMPORARY ROADWAY EASEMENT OVER LOTS 20 AND BLOCK 2 AND LOT il, BLOCK 4, HERITAGE WOODS ESTATES SECOND ADDITION. Motion carried on a roll call vote, five aye9. PETITION$, ?rQVE$TS, AND c;OtOrM!ICKrIONS USOLUTION 91-641 ADOPTING ASSESSMENTS, 1991 TREE REMOVAL AND DESTRUCTION, ROLL 1 It 9m 6-C SOLUTION 91-642 ORDERING PROJECT N0. 201, 1992 STREET RECONSTRUCTION PROGRAM Item 6—D B&3D .1QH U-643 VACATING TEMPORARY OF RORDWAY EASEMENT 22, IN HERITAGE WOODS ESTATES SECOND X 11ITION 4 Im 5-E Regular Council Meeting October 21, 1991 Page 406 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-644 secondea by Councilmember Zitur, to adopt APPROVING A SITE RESOLUTION NO. 91-644 APPROVING A SITE PLAN AND PLAN AND CUP FOR CONDITIONAL USE PERMIT FOR RICHARD KOEPP (91017). RICHARD KOEPP 91017) Motion carried on a roll call vote, five ayes. Item *7-A MOTION was made by Councilmember Vasiliou, BUDIUTION 91-645 seconded by Councilmember Zitur, to adopt APPROVING AMENDED RESOLUTION NO. 91-645 APPROVING AMENDED RPUD PLAN AND CUP RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND FOR CALLAHAN CONDITIONAL USE PERMIT FOR DANIEL AND PATRICIA (91082) CALLAHAN (91082). Item *7-B Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, ORDINANCE 91-32 seconded by Councilmember Zitur, to adopt AMENDING ZONING ORDINANCE NO. 91-32 AMENDING PORTIONS OF THE ORDINANCE RELATING ORDINANCE 80-9 ADOPTED JUNE 16, 19800, AS AMENDED, TO GRAND OPENING AND KNOWN AS THE PLYMOUTd ZONING ORDIN%NCE, EVENTS RELATIVE TO GRAND OPENING EVENTS. Item *7-C Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-Eif seconded by Councilmember Zitur, to adopt APPROVING RPUD RESOLUTION NO. 91-646 APPROVING RESIDENTIAL DEVELOPMENT FINAL PLANNED UNIT DEVELOPMENT FINAL SITE PLAN SITE PLAN AMENDMENT FOR 21 OFFSTREET PARKING STALLS (91087) AMENDMENT (91087) RPUD 76-1) . (RPUD 76-1) Item *7-D Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, ORDINANCE 2i713 - seconded by Councilmember Zitur, to adopt AMENDING CITY CODE ORDINANCE NC 91-33 AMENDING SECTION 1335 OF THE RELATING TO PLYMOUTH CITY "!ODE RELATING TO WATERCRAFT, LAKES, WATERCRAFT, LAKES, AND PLATERS. AND WATERS Item *7-E Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, OPOINMUL-2-1-14 seconded by Councilmembet Zitur, to adopt AVENDING CITY CODE ORDINANCE NO. 91-34 A1ANDING SUBSECTION 720.17, RELATING TO WATER SUBDIVISION 1 OF THE PLYMOUTH CITY CODE DEMAND RATES PERTAINING TO PLATER RATES. Item *7-F Motion carried on a roll call vote, live ayes. Regular Council Mpiting October 21, 1991 Page 4 07 MOTION was !rade by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-647 ADOPTING ASSESSMENTS, ABATEMENT OF HAZARDOUS BUILDINGS, 2725 KIRKWOOD LANE NO. AND 3135 FERNBROOK LANE NO. Motion carried on a roll call vote, five ayes. MOTION was madb by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-648 APPROVING FINAL PLAT ANL DEVELOPMENT CONTRACT FOR HANS HAGEN HOMES, INC. FOR "SEVEN PONDS SECOND ADDITION" LOCATED AT THE SOUTHWEST CORNER OF DUNKIRK LAND; AND STATE HIGHWAY 55 (91062) (MPUD 91-1) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-649 SETTING CONDITIONS TO BE NET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PANS HAGEN HOMES, INC. FOR "SEVEN PONDS SECOND ADDITION" LOCATED AT THE SOUTHWEST CORNER OF DUNKIRK LANE AND STATE HIGHWAY 55 (91062) MPUD 91-1). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-650 ADOPTING ASSESSMENTS, CITY PROJECT NO. 119, SANITARY SEWER AND WATERMAIN AREA, SEVEN PONDS SECOND ADDITION. Motion carried on a roll call vote, five ayes. Community Development Coordinator Dillerud stated the owner of Vicksburg Village Apartments has requested an amendment to the site plan and a conditional use permit to increase the off-street parking on grade. The Planning Commission recommended denial of this request based on the finding that the conditional use permit application did not comply with two of the conditional use standards set forth in the Zoning Ordinance. Nsighborhood objections related to appearance of the vehicles, outside lighting, an:i increased runoff into Plymouth Creek. RESQLUTION 91-647 ADOPTING ASSESSMENTS FOR ABATEMENT OF HAZARDOUS BUILDINGS Item *7-G SOLUTION 91-648 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SEVEN PONDS SECOND ADDITION (91062) MPUD 91-1) Item *7-H B95OLUTION 91-649 SETTING CONDITIONS TO BE MET PRIOR TO FILING (91062) MPUD 91-1) Item *7-H SOLUTION 91--6-5-0- ADOPTING 1-f5-QADOPTING ASSESSMENTS, PROJECT NO. 129, SEVEN PONDS SECOND ADDITION Item *7-H Vicksburg Village •- Increase Parking Item 7-I Regular Counci.. Meeting October 21, 1991 Page 408 The applicant had asked staff to hold the application for one meeting before presenting it to the Council in order to give the applicant an opportunity to meet with the neighborhood. The applicant submitted a letter describing the results of those meetings. The meetings were held subsequent to the Planning Commission meeting and the information has not been considered by the commission. Councilmember Vasiliou asked why the application should not be remanded to the Planning Commission if new information has been presentedi consistent with Council policy. Coordinator Dillerud stated the only new information has received to date is the letter. No amended plans have been submitted. William Scott, 15720 Rockford Road, #225, stated he has been a resident at Vicksburg Village for 1 1/2 years. He is in support of the application. He stated that they have been restricted in having guests come to visit because of the inadequate parking. He stated the current situation is a safety concern, and the problem has become progressively worse, particularly on weekends. There is no on -street parking in the vicinity. Visitors have to park near CUB Foods or several blocks away in another residential neighborhood. Ceuncilmesnber Zitur asked if the parking problem could be the result of too many adults living in some of the units. Mr. Scott stated tht+re is restriction en the number of adults allowed per unit, and he has no knowledge that this is a prcL. em. Councilmember Vasiliou asked if similar problems are being experienced in other multiple dwelling units. Coordinator Dillerud stated that similar problem, are occurring in other locations, and cited Parkside Apartments as an example. The standard for determining the number of required parking Regular Counc 1 Meeting October 21, 1991 Pale 409 stalls has changed since these developments were built. Grayson Smith, 15720 County Road 9, #202, agreed with the statements made by Mr. Scott. He has experienced the same problems due to inadequate parking. Lorrie Smith, 15720 County Road 9, #202, stated the residents of the apartments need help to get additional parking. Pat Hall:.sey, 4065 Quantico Lane, represented the Plymouth Creek Townhomes Association. He stated that the development was originally built with 344 units and 564 parking spaces. This is only 1.68 spaces per unit. He asked that the Council uphold the Planning Commission recommendation of denial, and stated he was disappointed with the staff finding that the proposed Site Plan and Conditional Use Permit amendments meet the ordinance standards and that the proposed screening would be adequate. Since this is a Planned Unit Development, he asked that the Council consider the request in a more restrictive manner. He believes the proposed plan contains inadequate berming and screening. Mr. Hallisey stated that at the meeting held subsequent to the Planning Commission, the petitioner and his representatives did not listen to neighborhood concerns. He stated the petitioner tried to convince the neighborhood that their proposal was correct, rather than considering alternatives. He stated the Plymouth Creek Association had suggested that the parking lot proposed on the southeasterly edge of the site be moved to the northerly center. The petitioner's representatives stated it was not a convenient location for the apartment residents. Mr. Halliney stated that the petitioner was going to do further architectural studies for consideration by the Plymouth Cteek Association for review and comment before presentation to the Council. This was not done. Mr. Hallisey stated the Plymouth Creek Association is still willing 0 • Regular Council Meeting October 21, 1991 Page 410 So work with `.he patitioner on alternatives to the problem. Attorney John Ploetz, represented Welsh Construction and Z 5 3 Management. He stated that Vicksburg Village currently has inadequate parking and it causes congestion. The units are 85 percent occupied and 3.00 percent of parking is being used. The result of an insufficient number of parking spaces is vehicle parking in fire lanes and handicapped zones. Mr. Ploetz stated the plan meets or exceeds current aesthetic/ccnstruction standards and will improve the health and safety of the apartment and condominium residents. The water quality of Plymouth Creek will improve as the result of the skimming and sedimentation/filtration ponds that will be in -.luded in the plan. He stated the property values of the adjacent condominium units will increase due to the cleaner water. The proposed landscaping and berming will enhance the Jriew of the zpartments from the condoainiums. Mr. Ploetz questioned whether Planning Commission Chair Plufka was impartial on this issue since he is an owner and resident of one of the Plymouth Creek units, and the Association has been very vocal in opposing the plan. He stated that the proposal mentioned by Mr. Hallisey to -move the easterly parking lot was considered; however, the locations would not be cloae to any of the apartment buildings and a tot lot is nearby. Councilmember Vasiliou stated she takes offense and exception to the comments made about Chairman rlufka. The first time this parking issue was before the Council she had someone call the Vicksburg village leasing office asking if there was a problem with parking. she was told there was no problem with parking. Regula:. Council Meeting Octobei 21, 1991 Page 431 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-651 DENYING AN AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIO'_dAL USE PERMIT AMENDMENT AND FINAL SITE PLAN, INCLUDING SHORELAND OVERLAY DISTRICT VARIANCES FOR WELSH CONSTRUCTION COMPANY (91071). The eetitioner was directed to include the neighborhood in further redesign, and to relocate the parking lot proposed on the easterly portion of the site. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-652 AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE FOR INDEeENDENT SCHOOL DISTRICT 284 (WAYZATA) FOR GLEASON LAKE ELEMENTARY SCHOOL (88036). USOLUTION 91-651 DENYING AMENDED RPUD PLAN AND CUP AND FIN;" SITE PLAN FOR WELSH CONSTRUCTION CO. 91071) Item 7-I SOLUTION 91-652 RELEASE OF SITE SITE PERFORMANCE GUARANTEE FOR Z.S.D. 284 (88036) Item *7-J-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION 91-653 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARJUV"EE FOR INDEPENDENT SCHOOL DISTRICT 234 (WAYZATA) FOR PLYMOUTH CRE7K ELEMENTARY SCHOOL (86035). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-654 AU^aHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL DISTRICT 264 (WAYZATA) FOR PLYMOUTH CREEK ELEMENTARY SCHOOL LOCATED AT 16005 41ST AVENUE NORTH (90072). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-655 AUTHORISING RELEASE OF SITr PERFORMANCE GUARANTEE FOR PHEASANT TRAIL INVESTORS FOR PHEASANT TRAIL TOWNHOMES LOCATED SOUTH OF 53RD AVENUE NORTH AND EAST OF XIMINES LANE (87101). SOLUTION 917653 PLEASE OF SITE PERFORMANCE GUARANTEE FOR I.S.D. 284 (88035) item *7-J-2 PSOLUTION 91-M RELEASE OF SITE PERFORMANCE GUARANTEE FOR I.S.D. 284 (9007:.) Item *7-J-3 USOLUTION 91 - RELEASE OF SITU PERFORMANCE GUARANTEE FOR PHEASANT TRAI] TOWNHOMES (87:,)7) Item *7-J-4 Regular Council Meeting October 21, 1991 Page 412 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, BESO UTION 91-65fi. seconded by Councilmember Zitur, to adopt RELEASE OF SITE RESOLUTION NO. 91-656 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR COMMERCIAL EXCAVATION, GUARANTEE FOR INC. FOR HERITAGE WOODS ESTATES ADDITION FOR TREE HERITAGE WOODS PRESERVATION LOCATED AT 58TH AVENUE NORTH AT ESTATES ADDITION PINEVIEW LANE (89008). FOR TREE PRESERVATION Motion carried on a roll call vote, five ayes. (89008) 7-J-5 MOTION was made by Councilmember Vasiliou, $E&OLUTION 91-657 seconded by Councilmember Zitur, to adopt RELEASE OF SITE RESOLUTION NO. 91-657 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR HOYT DS'VELOPMENT GUARANTEE FOR 6/61 COMPANY FOR THE "6/61 BUILDING" LOCATED AT 13400 BUILDING (89075) 15TH AVENUE NORTH (89075) (90002). (90002) Item *7-J-6 Motion carried on a roll ca.tl vote, five ayes. MOTION was made by Councilmember Vasiliou, BESOTUZON_91-658 seconded by Councilmember Zitur, to adopt RELEASE OF SITE RESOLUTION NO. 91-658 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR MADPATT ENTERPRISES FOR GUARANTEE FOR TEN TEN OAKS ADDITION LOCATED AT THE NORTHEAST CORNER OAKS ADDITION OF 30TH AVENUE NORTH AND COUNTY ROAD 101 (89039). (89039) Item *7-J-7 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTI091_ seconded by Councilmember Zitur, to adopt REDUCTION OF SITE RESOLUTION NO. 91-659 AUTHORIZING REDUCTION OF PERFORMANCE SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL GUARANTEE FOR DISTRICT 284 (WAYZATA) FOR KIMBERLY LANE KIMBERLY LANE ELEMENTARY SCHOOL (90031). SCHOOL (90031) Item *7-K-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-660 seconded by Councilmember Zitur, to adopt REDUCTION OF SITE RESOLUTION NO. 91-660 AU':HORIZING REDUCTION OF £ERFORMANCE SITE PERFORMANCE GUARANTEE FOR GOFF HOMES FOR GUARANTEE FOR FERNBROOK MANOR LOCATED AT 44TH AVENUE NO.ITH AND =F'NEROOK MANOR VERNBROOK LANE (88019). (f5019) Item *7-K-2 Motion carried on a roll call vote, five ayes. 0 0 Regular Council Meeting October 21, 1991 Page 413 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-661 AUTHORIZING EXTENSION OF SITE PERFORMANCE AGREEMENT FOR GOFF HOMES FOR FERNBROOK MANOR LOCATED AT 44TH AVENUE NORTH AND FERNBROOK LANE (88019). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-662 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR ANCHOR PAPER EXPRESS LOCATED AT 12855 HIGHWAY 55 (91030). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-663 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WELSH CONSTRUCTION COMPANY FOR "918 PLYMOUTH PARTNERS" LOCATED AT 9750 COUNTY ROAD 9 (90011). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-664 ADOPTING ASSESSMENTS, PROJECT NO. 008, BASS CREEK BUSINESS PARK UTILITIES AND PONDS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zit , to adopt RESOLUTION NO. 91-665 ADOPTING ASSESSMENTS, PROJECT NO. 008, BASS CREEK BUSINESS PARK, STREETS, CONCRETE CURB AND GUTTERS, AND SIDEWALK. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmombei Vasiliou, seconded by Councilmember Zi.tur, to adopt RESOLUTION NO. 91-666 ADOPTING ASSESSMENTS, PROJECT NO. 948, VINEWOOD LANE/C.S.A.H. 9 ATEA ROCKFORD ROAD PLAZA). Motion carried on a roll call vote, five ales. EXTENSION OF SITE PERFORMANCE AGREEMENT FOR FERNBROOK MANOR 88019) Item *7-K-2 gj+,,5nt.rTTTON 91-M REDUCTION OF SITE PERFORMANCE GUARANTEE FOR ANCHOR PAPER EXPRESS (91030) Item *7-K-3 U5gt.t noN 91-663 REDUCTION OF SITE PERFORMANCE GUARANTEE FOR 916 PLYMOUTH PARTNERS Item *7-K-4 gE50LUTION 91- m ADOPTING ASSESSMENTS, PROJECT NO. 008 Item *7-L-1 RESO BT?ON 91 665 ADOPTING ASSESSMENTS, PROJECT NO. 008 Item *7-L-1 8ES43 mON-n-A-0 ArOPTING A, :SESSMENTS, PFOJECT NO. 948 Ita-m *7-L-2 Regular Council Meeting October 21, 1991 Page 414 MOTION was made by Councilmember Vasiliou, UNIU io 11-667 seconded by Councilmember Zitur, to adopt ADOPTING RESOLUTION NO. 91-667 ADOPTING ASSESSMENTS, ASSESSMENTS, PROJECT NO. 948, VINEWOOD LANE/C.S.A.H. 9 AREA PROJECT NO. 948 SWAN YAM WEST). Item *7-L-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, USOLUTION 91-_60 seconded by Councilmember Zitur, to adopt APPROVING CHANGE RESOLUTION NO. 91-668 APPROVING CHANGE ORDER NO. ORDER NO. 1, 11 1991 STREET RECONSTRUCTION - PHASE I, CITY PROJECT NO. 102 PROJECT NO. 102. Item *7-N' Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, $SOLUTION 91-669 seconded by Councilmember Zitur, to adopt REQUESTING SPEED RESOLUTION NO. 91-669 REQUESTING HENNEPIN COUNTY STUDY ON COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT 3P*IED ROAD 24 STUDY, COUNTY ROAD 24. Item *7-N Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, USOLUTION 91-634 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-670 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, FAWN CREEK ADDITION (90022). FAWN CREEK ADDITION (90022) Motion carried on a roll call vote, five ayes. Item *7-0-1 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-671 seconded by Councilmember Zitur, :;o adopt REDUCING RESOLUTION NO. 91-671 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, FISCHERS POND ADDITION (89039). FISCHERS POND ADDITION (89039) Motion carried on a roll call vote, five ayes. Item *7-0-2 MOTION was made by Councilmember Vasiliou, gFSOLUT;ON 91-672 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-672 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, FOX RUN 5TH ADDITION (89058). FOX RUN 5TH ADDITION (89058) Motion carried on a roll call vote, five ayes. item *7-0-3 Regular Council Meeting October 21, 1991 Page 415 MOTION was made by Councilmember Vasiliou, RENLUIZON 91-67.3 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-673 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, OAKDALE WEST THIRD ADDITION (84097). OAKDALE WEST THIRD ADDITION (64097) Motion carriad on a roll call vote, five ayes. Item *7-0-4 MOTION was made by Councilmember Vasiliou. eESQk=ON 91-674 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-674 REDUCING DEVELOPMENT BOND DEVELOPMENT BOND, OXBOW RIDGE 2ND ADDITION (90077). OXBOW RIDGE 2ND ADDITION (90077) Motion carried on a roll call vote, five ayes. Item *7-0-5 MOTION was made by Councilmember Vasiliou, RESOLUTION 91 - seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-675 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, STEEPLECHASE 7TH ADDITION (90008). STEEPLECHASE 7TH ADDITION (90008) Motion carried on a roll call vote, five ayes. Item *7-0-6 MOTION was made by Councilmember Vasiliou, USOLUTION 91-67 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-676 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, WATERFORD PARK PLAZA ADDITION (87027). WATERFORD PARR PLAZA ADDITION Motion carried on a roll call vote, five ayes. (87027) Item *7-0 MOTION was made by Councilmember Vaailiou, MOLUTION 21-677 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-677 REDUCING DEVELOPMENT BOND, DEVELOPMENT BCNDl TYRELL FIFTH ADDITION (87U29). TYRELL FIFTH ADDITION (87029) Motion carried on a roll call vote, five ayes. Iter *7-0-8 MOTION was made by Councilmember Vasiliou, BE$OLUTI()H 91-676 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 91-678 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, PARKERS LAKE NORTH 6TH ADDITION (90060). PARKERS LAKE NORTH 6TH ADDITION Motion carried on a roll call vote, five ayes. (90066) Item *7-0-9 MOTION was made by Counci member Vasiliou, °C;QLUTION 91-.619 seconded by Councilmember Zitur, to adopt R.PrUCING RESOLUTION NO. 91- 679 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, CLINTON ASCHE/GARY YANISH LOT DIVISION (90035). LIP HE/YANISH LOT DIvISION (90035) Motion carried on a roll call vote, five ayes. item *7-0-10 Regular Council Meeting October 21, 1991 Page 416 MOTION was made by Councilmember Ricker, meconded RESOLUTION 91-680 by Councilmember Vasiliou, to adopt RESOLUTION PAYMENT NO. 8 AND 140. 91-680 REQUEST FOR PAYMENT AO. 8 AND FINAL, FINAL, PROJECT NO. NORTHWEST TRUNK SANITARY SEWER - PHASE I, CITY 014 PROJECT NO. 014. Item 7-P Motion carried on a roll call vote, five ayes. Park Director Blank stated bids have been received for rink lighting at Par -era Lake Park. He recommended award of the bid to Metro Electric in the amount of $24,473 for the installation of a three pole system. He stated the issue of lighting was addressed in response to a request from the Plymouth speedskating Club; however, lighting vas prev:.ously included in the plan:. There is tremendous general public use of this facility. The Park and Recreation Advisory Commission recommended installation. Councilmember Vasiliou asked how the City would regulate and/or communicate that this facility is multi -use so that open skating and speedskating car coexist. Director Blank stated the facility would be listed in the park facility guide available to the pi:blic. A calendar is kept of events scheduled through the park department, i.e. skating lessons. These dates are posted in the pavilion. Councilmember Vasilio i fait it is important that the organized events of the Speedskating Club be recocirized and placed v 4 -he event calendar. In response <<I questions from Councilmemb9r itur, Director Blank stated that complaints have not bier received from abutting residents concerning the music played for skating. The attendants try to play a variety of music. Councilmembcr Vagi l_L,u ask • ? , f sic.. 3"7e was proposed on the sptcedskat i!i.: ti. ack? t ,rector Blank responded, no. 0 Regular Council Meeting October 21, 1991 Page 417 Councilmember Ricker states I%n in favor of the lighting installation, but gi:-...ioned the recommended funding from the Park Dedication Fund. The Council previously supported funding this project from CARE funds. He suggested that the project cost be funded 75 percent from DARE funds, and 25 percent from park dedication funds. Manager Willis stated there may be a problem using the DARE funds, some of which is drug forfeiture money. The forfeiture money may only be available for Specific purposes in the police department. Public Safety Director Carlquist stated that drug forfeiture funds can only be uses for capital expenditures or further enforcement efforts. Councilmember Ricker stated he doesn't want to award the project bid until funding is identified. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to award the bid for rink lighting at Parkers Lake Park to Metre Electric, with funding from General Fund and to direct staff to advise whether funds can come from another source. SUBSTITUTE MOTION was made by Councilmembsr Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-681 APPROVING LIGHTING FOR PARKERS LAKE SKATING RINKS, with funding from the DARE funds. Councilmember Vasiliou asked Speedskating Club organizer Greg Oly what efforts have been made to solicit funds from other cities where club participants are from. Greg Oly stated that most club participants are Plymouth residents. The first year he nersona?ly funded the club. Last year the club raised 4,500. This year he anticipates raising enough funds to cover the program costs. He stated this program has nos been funded or run by the Cite. The police department or the DARE program is not involved in administrating or running the program. Lighting at Parkers Lake will benefit 0 U6 1 10N 91.-681 APPROVING LIGHTING FOR PARKERS LAKE SKATING RINKS Item 7-Q Regular Council Meeting October 21, 1991 Page 418 the general public, not only the Speedskating Club. He said the Club provides free skating instructors to the public. if the Club ;e practicing, anyone is welcome to participate and the Club is open to members of any age. In response to a question by Councilmember Ricker, Mr. Oly stated the program is promoted through the Plymouth Park and Recreation Department. The City maintains the ice. Councilmember 11cker predicted the program will continue to grow, and stated that if it is a Park and Renreation program, it may eventually be part of the regular program budge . Councilmember Zitur stated he supports using DARE funding for the lighting. The skating program is proactive toward keeping children occupied and away from drugs. Councilmember Vasiliou agreed, stating that the Council was advised that the Speedskating Club originally was an extenoion of DARE. She felt the lighting installation would be a very appropriate use of DARE funds. Motion carried on a roll call vote, five ayes. Mayor Bergman asked whether in-house park department staff has been trained in irrigation work, such as the proposed installation of an irrigation system for Ridgemount Playfield. Park Superintendent Peterson stated that park staff has been trained in irrigation work and has installed irrigation systema at several City facilities. The City will rent the necessary equipment. Councilmember Vaailiou stated that several other citioo have recei•red community organization aonations for this type of work. She asked if staff has considered looking to local groups for donations on similar projects? Manager Millis stated some donated services have been received in the past from local clubs including the Lions C1 ib and optimists Club. Regular Council Meeting Ootober 21, 1991 Page 419 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-682 APPROVING CONSTRUCTION OF ADDITION IRRIGATION AT RIDGEMOUNT PLAYFIELD. Motion carried on a roll call vote, file ayes. RESOLUTION 91-662 APPROVING CONSTRUCTION OF IRRIGATION AT RIDGEMOUNT PLAYFIELD Item 7 R MOTION was made by Ccuncilnember Vasiliou, 1992 Field Rental seconded by Councilmember Zitur, to defer the Fees and $5 PRAC re,.ommendation on 1992 Field ?ental Fees and Nonresident Fee 5 Nonresident Fee to budget study sessions. Item 7-S Motion carried, five ayes. Libby Fairchild, 1725 Weston Lane, urged the Council to study the issue. She stated that wary children participate in programs in other cities, including her own child. She thanked the Council for reducing the tournament fees earlier in the year for the Plymouth Soccer Club. The f3es are now more in line with othsr communities. MOTION was made by Councilmember Vasiliou, 8b Q1 TION-6@3 seconded by Councilmember Zitur, to adopt APPROI ING RESOLUTION NO. 91-683 APPROVING DISBURSEMENTS FOR DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 30, 1991. PERIOD ENDING 9-30-91 Motion carried on a roll call vote, five ayes. Item *7--T Manager Willis stated that Robert F. Hughes has appealed the Fire Code Compliance determination of the Fire Inspector, Fire Chief, and Pablic Safety Director with respect to a variance from sprinkling of the basement of the business located at 4130 Highway 101 d/b/a Party Mart Liquor. James E. Tiller, 145 Hamel Road, Hamel, represented Robert Hughes. Mr. Tiller stated teat a sprinkler eysrem was required for a basement of 2,500 sq. ft. or larger in 1973, when the building was constructed. The current Cede requires a sprinkler system for a basement of 1,500 sq. ft. or larger. The building is about 1,584 sq. ft. He provided a copy of & letter to Kevin Leuer from the btate Fire Marshal. The letter indicaLed that the Fire Marshal used discretion in situations of pre -1983 buildings. a Robert F. Hughes Appeal of Fire Code Compliance Decision Item 7-U Regular Council Meetir.g October 21, 1991 Page 420 Mr. Tiller stated sprinkling should not be required in this situation because: 1) The usla is an off -sale li;uor store; 2) Products stored are non -hazardous; 3) The floor is prestressed concrete; 4) Tzere is no furnace in the basement - onl`, a water heater; 5) There is an emergency esca;)e to the front of the building - a beer chute; 6) Employees are in the basement only a limited amou-.t of time each day; 7) The basement is us: -d only for storage; 8) The cost of installing the sprinkler system is estimated at 11,000 plus t:ie wiring and alarms. Mr. Tiller staled that in the event the Council does not rule favorably on the appeal, the owner has the option to build a concrete wall the length of the building which would bring the area to less than the 1,500 maximum. This action would not mater.'.ally change the risk, but the owner would be :n compliance with the Code at a significantly leas cost. Bob Hughes state,, that the $11,000 for sprinkler system includes the cost for bringing a 4" water service line to the building. He is not currently connected to City water. Councilmember Zitur stated he is primarily concerned about firefighters responding to a call at this Location. Public Safety Director Carlquist stated that staff doesn't belie -re the building was in conformance with the Uniform Building Code when it was originally constructed. He stated that if the Council upholds the decision of staff, the owner has the option of appealing the decision to the State Fire Marshal. Director Carlquist stated the Fire Department learned that the building had a basement when conducting an inspection for a gasoline service sCation license for this location a year ago. The 1967 Uniform Building Cvr1P wnu ld hav± required sprinkling of the prop"rty. Stiff can find no documentation or reports that relate to approval of the construction in 1968 or to the addition in 1970. There wasn't water a•ailable to serve the site until this year. 11 ii riear-ing October 21, 1991 Page 421 Kevin Leuer, Fire Inspector, stated the Uniform Fire Code doesn't always require retrofitting of a building if the building complied with the Code when built. The Code outlines two criteria for sprinkling: 1) The basement exceeds 1,500 sq. ft.; and 2) Accessibility for outside firefighting. He stated this situation meets both criteria. It is likely that the heat of a fire would expand the metal floor and when water is applied the floor would contract causing the structure of the building to collapse. The language in the 1961 Uniform Building Code is identical to the current Code with respect to the sprinkling requirement. He believes the safety of the firefighters would be at extreme risk if a fire occurred at this structure. Councilmember Ricker stated that while construction of the concrete wall may ke an alternative method to achieve the 1,500 sq. ft. maximum, it would not solve the problem of firefighter safety in the event of a fire. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-684 DENYING THN APPEAL OF ROBERT F. HUGHES PERTAINING TO THE UNIFORM CODE REQUIREMENT FOR SPRINKLERING IN A BASEMENT. This allows the owner the option of appealing the decision to the State Fire Marshal. Mr. Hughes stated his primary objection to sprinkling is running a 4" wate, service line into the building. Inspector Lauer stated that to achieve adequate water supply under the sprinkling requirements, a 4" line would be required to provide adequate flow. If there is adequate water pressure with a smaller sized watermain, a variance could be granted to allow a smaller line connection to the building. Motion carried on a roll call •rote, five ayes. Staff was directed to work with Mr. Hughes on fire flow calculations to determine if water pressure would be sufficient for domestic use and F'egu _ar Council Meeting C :toner 21, 1991 Pig* 422 sp:-; nkler system with a - -termain line of less tha• 4". Ass'-stant Manager Boyles presented the proposed 1992 Plymouth Metrolink and Dial -a -Ride budget in the $mount of $1,158,000. He explained the increr3e from 1991 includes increased ridership, inc._essed hourly rates, and increased hours of ser vi%:e. Two new articulated 60 passenger buses will to added next year, and $100,000 is budgeted on an undesignated basis to provide new transit cervicus relative to the Travel Demand Management Pri gran.. T!.n budc-et anticipates a 3 percent increase in rLiershio for Metrolink and Dial -a -Ride, and an ii.crease4 in Dial -a -Ride fares from $1.50 to 2.00. Zouncilmeriber Vasiliou described a resident complaint that she is unable to get Dial -a -Ride service because the vehicle is being used for school bus transportation. The resident is told when she calls to arrange a ride that the vehicles are in use for schools, but she can't call any sooner than 24 hours in advance. Assistant Boyles will contact the resident. Assistant Boyles stated the off-duty vehicles provide additional riders for the program. The primary difficulty in serving everyone is that many people want: to be served at the same time. An additional peak time Dcal-a-Ride vehicle will be provided in 1992. MOTION was made by Councilmember Helliwell, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-685 APPROVING A 1992 APPLICATION TO THE REGIONAL TRANSIT BOARD FOR THE PROVISION OF PLYMOUTH METROLINK AND PLYMOUTH DIAL -A -RIDE SERVICE AND APPROVING THE EXECUTION OF CONTRACTS REQUIRED FOR THE IMPLEMENTATION OF SUCH APPLICATION. Motion carried on a rol' call rote, five ayes. 1992 Metrolink and Dial -a -Ride Budget Item 7-V BESOLUTION 91-_§85 APPROVING 1992 APPLICATION TO RTB FOR METROLINK AND DIAL -A -RIDE SERVICE Item 7-V Regular Council Meeting October 21, 1991 Page 423 MOTION was made by Councilmember Vasiliou, UZOLUTION 91-686 seconded by Councilmember Zitur, to adopt SETTLEMENT RESOLUTION NO. 91-686 SETTLEMENT AGREEMENT CITY AGREEMENT, PROJECT VERSUS NEUTGENS AND HAGG, CITY PROJECT 110. 250. NO. 250 Item *7-W Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded Insurance Claims by Councilmember Zitur, to accept the quarterly Report status report on insurance claims. Item 8-A-1 Councilmember Vasiliou questioned several claims relating to damage to sprinkler heads in the right-of-way from snow plows. She asked if contracto-s are allowed to install the sprinkler heads . he right-of-way. Manager Willis stated there is no objection to the placement of sprinkler heads in the right--of- way; however, thoy are at the homeowner's risk. Mayor Bergin?.n added that damage should seldom occur if the heads are installed flush with or dust below the surface. Motion carried, five ayes. Attorney Thomson reported that there are no new Quarterly Civil matters of civil litigation since the last Litigation Report quarterly report. Item 8-A-2 Counc'lmember Vasiliou asked the City Attorney to Library Site comment on the library quick -take action. She Acquisition stated that the original resolution approved acquisition of the site for up to $400,000. That amount may be exceeded through the quick -take action, and she asked if this is in conflict with the original Council acticr Attorney Thomson stared the authorization to ccmmence eminent domain quick -take action, in effect, superseded tie previous Council motion. Manager Willis stated $600,000 has been deposited in response to actio- taken uf* the 0, -tuber 7 Council meeting. It is not known what value the condemnation commissioners will determine. When t..e value is determined, the City will be obligated to pay the difference between 4he 0 Regular Council Meeting October 21, 1991 Page 424 commissioners' value and the $600,000 already deposited with the court, plus interest on the difference. In a regular eminent domain action, the City mould have the opportunity to know the commissioner's value and decide whether or not to proceed. In a quick -take action, the City must pay the value determined by the commissioners. Councilmember Vasiliou stated she would like to see something more definitive from the Library Board indicating that they intend to construct the facility. She directed staff to obtain a copy of the Library Board meeting minutes from the October 24 meeting for the Council. Finance Director Hahn presented the quarterly financial report. He noted that platting fees are considerably less than last year, and permit fees are slightly lower to date than expected. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to accept the quarterly financial report. Motion carried, five ayes. Mayor Bergman asked when the letter would be sent notifying voters of the change in the polling location for Precinct 6. Clerk Rauenhorst responded that registered voters in Precinct 6 will receive mailed notice of the change this week. Quarterly Financial Report Item 8-A-3 Council Directives Item 8-B Councilmember Vaailiou asked the status of thu Financial and proposals received for financial and legal Legal Services services. The target date for a recommendation to the Council was proposed as September in the directives. Manager Willis stated he has narrowed the proposals received from attorneys for legal services to five or six. He will now proceed with interviewing. He has notified applicants that the original schedule has been delayed. 11 Regular Council Meeting October 21, 1991 Page 425 Councilmember Vasiliou asked if the amounts would be available for budget discussions. Manager Willis stated probably no additional financial information will be gained from the proposals and quoted rates. Estimated figures will be used in proposing the legal budget based on past case history. The proposals do not appear to suggest any financial savings to the City over existing legal costs. Councilmember VasUiou stated the Project Status Project Status Report indicates that the contractor may not meet Report the completion date for Project 015, North Item 8-C Central Sanitary Sewer. Public Works Director Moore stated it has been r difficult project due to soil and water conditions. He believes the contractor will complete the trunk sewer completion requirement. Mayor Bergman stated that several n-%mes have been Postal Facility received from the Plymouth Historical Society in Names response to the Council's request for names for the proposed new postal facility in Plymouth. The Council directed staff to send another letter to the Post Office reluesting the naming of the new Plymouth facility in the following order: 1) Rockford Road Station; 2) Lost Lake Station. The Council established budget study sessions for Budget Study Dates the following dates: Nov. 20, 11:00 a.m. to 3:00 p.m.; Nov. 26, 7:00 p.m.; and Dec. 3; 7:00 p.m. and December 9, 7 p.m. if necessary. The meeting was adjt)urned at 10:08 p.m. City Clerk G