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HomeMy WebLinkAboutCity Council Minutes 02-24-1992MINUTES PLYMOUTH CITY COUNCIL FEBRUARY 24, 1992 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on February 24, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Willis, Assistant bAnager Boyles, Community Development Director Lillerud, Public Works Director Moore, Finance Director Hahn, Park Director Blank, City Attorney Meller, and City Clerk Rauenhorst Manager Willis introduced the new City Attorney, Robert Meller, of the Beat and Flanagan law firm. City Attorney Mayor Bergman added discussion of the report on Approve Agenda snow removal equipment and per3onnel presented in Item 4 the Council Informational Memorandum to the agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to approve the agenda as amended. Motion carried, five ayes. FUTTRPNOF • Mark Wahl, Park and Recreation Advisory Commissioner, presented the 1991 PRAC Annual Report. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to accept the 1991 FRAC Annual Report. Motion carried, five ayes. CONSENT AGENDA 1991 PRAC Annual Report Item 5 0 Regular Council Meeting February 24, 1992 Page 55 Item 6-M was removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adept the Consent Agenda as amended. Motion carried on a roll call vote, fiva ayes. MOTION was made by Councilmember Helliwro ly seconded by Councilmember Edson, to approve the councilminutesoftheFebruary3andFebruary10 meetings. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION PER:.OD ENDING JANUARY131, NG DDISBURSEMENTS 199. FOR THE Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Relliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-112 AUTHORIZING THE VACATION OF STREET RIGHT-OF-WAY, SUNSET LANE WEST OF JUNEAU LANE, SUNSET ACRES ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwftll, seconded by ;ouncilmember Edson, to adoptRESOLUTIONNO. _ LU AND AUTHORIZING 9SALE 3DECLARING OFVACATED S• T SUNSET LANE ANDS ADJACENT LAND. Motion carried on a roll call vote, five ayes. Consent Agenda Item 5 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-114 APPROVING PRELIMINARY PLAT AND SUBDIVISION ORDINANCE VARIANCE FOR SUPER VALU STORES, INC. FOR "PLYMOUTH HILLS 6TH ADDITION" LOCATED TTHE SOUTHEAST COR20p2)OF 36TH AVENUE NORTHAND VICKSBURG LANE (9 Motion carried on a roll call vote, five ayes. Approve Minutes Item 6-A Bx-Q.k=QR 92-111 ! APPROVING DISBURSEMENTS FOR PERIOD ENDING 1-31-92 Item 6-B 7TION 92-112 VACATION OF STREET RIGHT-OF-WAY IN SUNSET ACRES ADDITION item 6-C W9 SL i4 L9-1 AUTHORIZING SALE OF VACATED SUNSET LANE AND ADJACENT LAND TO DAVE AND JACKIE ANDERSON Item 6-C nQen=TION 92-114 APPROVING PRELIMINARY PLAT AND SUED. ORDINANCE VARIANCE FOR SUPER VALU 92002) Item 6-D Regular Council Meeting February 24, 1992 Page 56 MOTION was made by Councilmember Helliwell, stzSOLUTION 92 -= SETTING CONDITIONS seconded by Councilmember Edson, to adopt CONDITIONS TO BE TO BE MET PRIOR TORESOLUTIONNO. 92-115 SETTING MET PRIOR TO FILING OR AND RELATED TO FINAL PLAT FILING (92002) FOR SUPER VALU STORES, INC. FOR "PLYMOUTH HILLS Item 6-D 6TH ADDITION" LOCATED AT THE SOUTHEAST CORNER OF PRESERVATION FOR 36TH AVENUE NORTH AND VICKSBURG LANE (92002). CHURCHILL FARMS Motion carried on a roll call vote, five ayes. 9) MOTION was made by Councilmember Helliwell, nFSOLUTION 92-115 APPROVING FINAL seconded by Councilmember Edson, to adopt PLAT FOR PLAT FOR SUPER RESOLUTION NO. 92-116 APPROVING FINAL SUPER VALU STORES, INC. FOR "PLYMOUTH HILLS 6TH VALU STORES ADDITION" LOCATED AT THE SOUTHEAST CORNER OF 36TH 92002) DAVENUENORTHANDVICKSBURGLANE (92002). Item Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, Rrg0T.UT D 22- W seconded by Councilmember Edson, to adopt RELEASE OF RESOLUTION NO. 92-117 AUTHORIZING RELEASE OF FINANCIAL GUARANTEE FOR TREEFINANCIALGUARANTEEFORTREEPRESERVATIONFOR FOR CHURCHILL FARMS PRESERVATION FOR LUNDGREN BROS. CONSTRUCTION 2ND ADDITION LOCATED NORTH Or COUNTY ROAD 24 AND CHURCHILL FARMS EAST OF THE VEST CITY LIMITS (91079). 9) Item Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, RESOLUTION 92-1;& seconded by Councilmember Edson, to adopt REDUCTION OF SINE RESOLUTION NO. 92-118 AUTHORIZING REDUCTION OF PERFORMANCE SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL GUARANTEE FOR OAKWOOD ELEMENTARYDISTRICT284FOROAKWOODELEMENTARYSCHOOL NORTHEAST CORNER OF COUNTY ROAD 6 SCHOOL (91008) LOCATED AT THE AND COUNTY ROAr 101 (91008). Item 6-F Motion carried or a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, ZXQH--92-1l9. APPROVING FINAL seconded by Councilmember Edson, to adopt PLAT AND RESOLUTION NO. 92-119 APPROVING FINAL PLAT AND DEVELOPMENTDEVELOPMENTCONTRACTFORFREDSMITHANDCYNTHIACONTRACTFOR MARY OETJEN FOR IRONHORSE ESTATES (91060). IRONHORSE ESTATES Motion carried on a roll call vote, five ayes. 910f0) Item 6-G 0 a Regular Council Meeting February 24, 1992 Page 57 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-1:0 SETTING CONDITIONS TO BE MET PRIOR TO FILING OR AND RELATED TO FINAL FLAT FOR FRED SMITH AND CYNTHIA MARY OETJEN FOR IRONHORSE ESTATES LOCATED AT 17325 COUNTY ROAD 24 91060) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-121 APPROVING TRANSFER OF GRANT FUNDS AGREEMENT. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-122 AUTHORIZING THE CITY PLYMOUTH TO ENTER INTO THE 1992 SOLID WASTE AGREEMENT WITH HENNEPIN COUNTY. RESOI.UTIQR..92,=1 Q SETTING CONDITIONS TO BE MET PRIOR TO FILING (91060) Item 6-G RESOLUTION 92-U.1 APPROVING TRANSFER OF CDBG PROGRAM GRANT FUNDS FROM COUNTY TO CITY Item 6-H RESOLUTION 92-122 AUTHORIZING 1992 OF RECYCLING AGREEMENT WITH HENNEPIN COUNTY Item 6-I Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, RESOLUTION 92-123 seconded by Councilmembet Edson, to adopt REDUCING RESOLUTION NO. 92-123 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, IULDER CREST ADDITION (90095). BOULDER CREST ADDITION (90095) Motion carried on a roll call vote, five ayes. Item 6-J MOTION was made by Councilmember Helliwell, 8E30 =1DN 92-124 seconded by Councilmember Edson, to adopt APPROVING RESOLUTION NO. 92-124 APPROVAL OF SETTLEMENT SETTLEMENT AGREEMENT, CITY PROJECT NO. 762, COTTONWOOD PLAZA AGREEMENT WITH STORM WATER HOLDING POND. BEGINS FOR COTTONWOOD PLAZA Motion carried on a roll call vote, five ayes. DRAINAGE POND, PROJECT NO. 762 Item 6-K MOTION was made by Councilmember Helliwell, RESOLUTION 92-125 seconded by Councilmember Edson, to adopt ORDERING HEARING RESOLUTION NO. 92-125 ORDERING PUBLIC HEARING ON ON VACATION OF THE PROPOSED VACATION OF EMPIRE LANE (ALSO KNOWN EMPIRE LANE STREET AS HOPE AVENUE) STREET RIGHT -OF -NAY WITHIN FIRST RIGHT-OF-WAY ADDITION GREER'S ORCHARD TRACTS. WITHIN FIRST ADDITION GREER'S Motion carried on a roll call vote, five ayes. ORCHARD TRACTS Item 6-L Regular Council Meeting February 24, 1992 Page 58 MOTION Was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-126 ORDERING PUBLIC HEARING THE PROPOSED VACATION OF THE LANE AND ALLEYS WITHIN FIRST ADDITION GREER'S ORCHARD TRACTS. Motion carried on a roll call vote, five ayes. RSOLUTION 92-126 ORDERING HEARING ON ON VACATION OF THE LANE AND ALLEYS WITHIN FIRST ADDITION GREER'S ORCHARD TRACTS Item 6-L MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-127 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A STREET EASEMENT WITHIN GLEN GROVE ACRES, HENNEPIN COUNTY. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated residents that would be affected by the Northwest Boulevard Improvements Phase II, from 55th Avenue to 54th Avenue, would like an update on the proposed landscape plan. Director Moore stated the landscape plan was prepared through meetings with the property owners. No formal action was taken by the Council to approve the plan because of the alignment issue and previously pending DNR permit for Northwest Blvd. He stated that staff recommends that the landscape plan, if approved by the City Council, be bid through a separate contract and not through the contrazt for the street and utility work associated with the Phase II construction. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-128 REJECTING BID, NORTHWEST BOULEVARD - 55TH TO 56TH AVENUE - PHASE II, CITY PROJECT NO. 106. Motion carried on a roll call vote, five ayes. RFSOL•UTION 92-127 ORDERING HEARING ON VACATION OF EASEMENT WITHIN GLEN GROVE ACRES Item 6-L Reject Bids and Advertise for Bids for Northwest Blvd. Improvements Phase II, 55th to P4th Avenue, Project 106 Item 6-M RESQj"TION 92-12_8 REJEC.ING BID, NORTHWEST BLVD. 55TH TO 56TH AVE. - PHASE I: PROJECT NO. 106 Item 6-M 0 0 Regular Council Meeting February 24, 1992 Page 59 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-129 ORDERING ADVERTISEMENT FOR SIDS, NORTHWEST BOULEVARD (FUTURE COUNTY ROAD 61 FROM 55TH AVENUE TO 56TH AVENUE) - PHASE II, CITY PROJECT NO. 106. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-130 APPROVING CHANGE ORDER NO'S 1 AND 2, PLYMOUTH BUSINESS CENTER 5TH ADDITION IMPROVEMENTS, CITY PROJECT NO. 715. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt 92-131 it WELL NO. CHANGE ORDER RESOLUTIONN013 PUMEINGASTATIONPROVINGAND FEEDERMAIN, 0. CITY PROJECT NO. 013. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION MEDINA ROAD IMPROVEMENTS, CITY NG IPRD OJECNGE TN0DER ,N0. 1, 010. Motion carried on a roll call vote, five ayes. MOTION was made by Gouncilmem`)er Helliwell, seccnded by Councilmember Edson, to adopt ORDINANCE NO. 92-4 RELATING TO DATE REQUIRED FOR AN ING SUBSECTIONN1206033 OFTTLE THEPLYMOUTHPERMIT ECITTYECODE. Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-133 APPROVING 1992 CIGARETTE LICENSE APPLICATION for Party Mart, 4130 Highway 101 North. Motion carried on a roll call vote, five ayes. ercnr.UTIQN 92-9 ORDERING ADVERTISEMENT FOR BIDS, NORTHWEST BLVD. FROM 55TH TO 56TH AVENUE - PHASE II PROJECT NO. 106 item 6-M RK%9 UTjON 92-130 CHANGE ORDER NO'S 1 AND 21 PROJECT NO. 715 Item 6-N-1 CHANGE ORDER NO. 1, WELL N0. 13 PUMPIP'v STATION AND A'EEDERMAIN, PROJECT NO. 013 Item 6-N-2 MQLUTION -22-LU CHANGE ORDER N0. 1, MEDINA ROAD IMPROVEMENTS, PROJECT NO. 010 Item 6-N-3 CHANGING LICENSE YEAR FOR CONSUMPTION AND DISPLAY (BOTTLE CLUB) LICENSES Item 6-0 R ankUT10N 92-133 APPROVING 1992 CIGARETTE LICENSE Item 6-P itegular Council Meeting February 24, 1992 Page 60 MOTION was made by Councilmember Helliwell, seconded by Cuuncilmember Edson, to adopt ORDINANCE NO. 92-5 RELATING TO ANIMAL CONTROL THE REGULATION OF ANIMAL !NOISE AND AMENDING SUBSECTIONS 915.01 AND 915.13 OF THE; PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. 9ADINANCE 92-5 RELATING TO ANIMAL AND NOISE Item 6-%2 NOTION was wade by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-134 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT AND PLANS, COUNTY ROADS 10 AND 61, COUNTY PROJECT :10. 7408, CITY PROJECT NO. 812. Motion carried on a roll call vote, five ayes. Community Development Director Dillerud stated the Council approved the Preliminary Plat of Golfview Estates for Lowry Hill Development on September 16, 1991, subject to three conditions: 1) Construction of a permanent cul-de-sac on Black Oaks Lane at a point north of the property line providing a full lot depth to the property line to the south; 2) Easement access to Parcel 17-21-0001 and 0002 (Deziel) be provided easterly between proposed Lots 3 and 4, Block 2; and 3) Comstock Lane be extended south to intersect Rockford Road. The proposed Final Plat reflects compliance with tse first condition, but does not include access to tha parcels to the west or the extension of Comstock Lane to Rockford Road. The developer has returned the Development Contract unsigned, along with a letter explaining seven objections to signing the Contract. Community Development Director Dillerud and Public Works Director Moore responded to each of these objections. Director Dillerud stated it has been the City's practice to refrain from specifying the park dedication amount in the Development Contract. Recording of the plat sometimes occurs well after preparation of the Development Contract and the RF.RQLuTION 92-13-) APPROVING CONSTRUCTION COOPERATIVE AGREEMENT FOR C.R. 10 AND 61, CITY PROJECT NO. 812 Item 6-R Lowry Hills Development Co. Golfview Estates 91047) Item 7-A 0 0 Regular Council Meeting Februa=y 24, 1992 Page 61 park dedication fees could have been amended in the interim. Based on the current park dedication fee structure, the developer's park dedication fee responsibility would be $44,118 after credit for the trail dedication of .98 acres. This could change depending on when the developer records the plat. He stated the condition regarding easement access from Garland Lane westerly between Lots 3 and 4 to the existing parcel at the corner of Holly Lane and County Road 9 was discussed at the Planning Commission meeting. The option of driveway access along the east line of Lot 1, Block 2, north to 45th Avenue North would not be practical. The concept of northerly access along the west line of Lot 1, Block 2, was discussed and found not to be as suitable as the access between Lots 3 and 4. Director Moore addressed the developer's concerns relating to installation of concrete curb and gu;:ter along existing County Road 9. When County Road 9 is r)nnected to County Road 24, the portion of existing County Road 9 adjacent to this plat will revert from a county road to a city street. It is likely that it will require reconstruction or upgrading at a future date. Property owners do not like ditches along their property since they are difficult to maintain. The plat also shows berms immediately adjacent to the road. It would be feasible to require the developer to petition for the concrete curb and gutter imprc •+sent and be assessed the coat when the project undertaken. This is in accordance with the City Council Assessment Policy. The developer has also objected to being responsible for one-half the cost of upgrading Holly Lane to a 36 foot wide street with concrete curb and gutter as it abuts the plat. This provision is also in accordance with the City Council Assessment Policy. In his letter, Mr. Barr addressed two issues relating to the constructicn of the sanitary sewer. One is the extra cost that the City incurred to construct the trunk sanitary sewer at a deeper elevation in order that rhe current golf a Regular Council Meeting February 24, 1992 Page 62 course property immediately north of this plat, could be developed with single family homes if the City ever changes the land use. The other issue is easements that Mr. Barr must obtain from the golf course property owner in order to construct the lateral sanitary sewer. Director Moore stated that on April 22, 1991, when the Council authorized the construction of the sanitary sewer, Mr. Barr was agreeable to Lowry Hills Development Company being assessed for the extra depth cost for the trunk sRnitary sewer. The City has proceeded with the construction of the eanitary sewer and the project is about 50 percent completed. He stated the developer's engineer has designed the sanitary sewer system to encroach within the golf course property. This is being done so they do not affect the trees on the property owned by the developer. It is practical to redesign the sanitary sewer system in order that no encroachment is required and, therefore, eliminating the necessary easements. Director Moore responded to anotbir concern of the developer, stating that a total width easement of ten feet, as stated by Mr. Barr, is not sufficient for access or maintenance of the sanitary sewer. A minimum total width of 20 feet is needed. Rick Sathre, Sathre-Bergquist Inc., stated the 10 foot easements wore an error. The developer will comply with the 20 foot easement requirement. Director Moore stated that in Mr. Barr's letter, he objected to the requirement that 45th Avenue should be extended southerly dnd end in a cul-de- sac immediately adjacent to the undeveloped property south of the plat. He stated that durirg the preliminary plat approval, the Council stated that 45th Avenue should end in a cul--de- sac one lot north of the south property line, and that Comstock Lane should be extended and intersect with County Road 9 and not be cul-de- saced. The Council was substituting Comstock Lane for the possible future extension of 45th Avenue. Reaular Council Meeting February 24, 1992 Page 63 The final plat does not provide for the extension of Comstock Lane as directed by the Council. Tte developer has gone to his original plat ending it in a cul-de-sac. Director Moore recommended that 45th Avenue be extended anu end in a cul-de-sac permanent construction) immediately adjacent to the south property line. Mr. Sathre stated that the developer has no dispute with the park dedication issue. He is requesting that he be credited for park dedication for paving the trail that is proposed through the outlots. Director Moore stated it is the recommendation of the staff that the trail would 89t be paved at this time. Park Director Blank stated that if the trail were paved, it would be "spot" surfacing of about 2001. It may not connect to another trail for several years, at which time it wo+,!d need to be resurfaced. Mr. Sathre stated he has talked with Mr. Deziel regarding acquisition of easements necessar% to install the sanitary sewer on the Deziel pri,perty immediately north of the proposed plat. Mr. Sathre stated they are trying to design the best system to provide service to both the golf course property and the Deziel property to the north. The Deziela' have refused to commit in writing to granting an easement for construction of the sanitary sewer on their property. They also would not specify a monetary amount for the easement. The alternate to gaining an easement from the Deziela' is to run the sanitary sewer inside the north property line of the proposed plat. This would require clearing of about a 50' wide strip of trees. Manager Willic stated he had spoken with Mr. Deziel. Mi. Deziel indicated he does not want the trees to be destroyed as a result. of the sewer installations however, he hae not committed to granting the easement. Bernard Barr, the suggested that if the easement at no 11670 61st Avenue North, the Deziela' refuse to grant coot, the Council consider 0 0 Regular Council Meeting February 24, 1992 Page 64 assessing the coat for extra depth sever to their property as an incentive to granting the sewer easement. Councilmember Vasiliou stated the developer should not be further delayed. The Council should act on the plat raquest so the developer can proceed. M;,or Bergman suggested that a temporary cul -de- s..: be provided, rather than access through granted easements. When the adjacent property eventually develops, the cul-de-sac can be changed to a through street. He also favored considering a public improvement hearing toconsiderassessingtheaddeddepthtotheDeziel parcel. Mr. Barr stated the Council should not require him to agree to pay for improvements to the street abutting his development - County Road 9 and Holly Lane. He does not want to be required to inform buyers of his lots that they will be responsible for another special assessment. The Council should consider a project hearing and assessments after the City takes over County Road 9. Councilmember Vasiliou asked if it is standard for a developer to guarantee he will petition for improvements on an adjacent county road. Director Moore stated the City subdivision code would require it when the road becomes a City street. This is a unique cir:umstance brought about by the fact that the Council has authorizedtheextensionofsewertothisplatbeforeitwas called for in the Capital Improvemento Program, and the City is aware that County Road 9 will revert to City responsibility in the future. There are open ditches along this roadway which may cause problems in the future. similar improvements have been installed on County Road 9 and County Road 6. Councilmember Vasiliou stated rhotte are still County roads, and the County paye for the improvements. In this situation the City is anticipating the project and assessments far a 0 0 Regular Council Meeting February 24, 1992 Page 65 County Road that is slated to revert to a City street. The Council does not know today what improvements will be necessary on this street when it reverts to the City. This is a different situation that the construction required on Holly Lane, which is currently a City street. Councilmember Edson stated the increased traffic on Holly Lane will justify the need for improvements to Holly Lane. The need for curb and gutter on County Road 9 is not as certain. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-135 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LOWRY HILL DEVELOPMENT FOR GOLFVIEW ESTATES (91047), with the following changes: 1) The access to the lot abutting the plat to the west is eliminated; 2) The developer is not required to petition for improvements of County Road 9; 3) 45th Avenue shall be extended to the south property line ending in a temporary cul-de- sac; 4) If the sewer easement is not granted by the Desiels', staff is directed to schedule a public hearing to consider assessment of the extra sewer depth. The other condi;.ions are as recommended by staff. Councilmember Helliwell predicted that drainage problems may require future construction of concrete curb and gutter. She favored including the item in the Development Contract. She stated the concrete wi.l last longer and makes plowing easier. Councilmember Vasiliou stated the City's experience with the Street Reconstruction Program has proven that bituminous can be more feasible in certain areas of the City than concrete curb and gutter. The residents and Council can decide which option is better for the street when a public improvement hearing is held in the future. Motion carried on a roll call vote, four ayes; Helliwell nay. RESOLUTION 92-135 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LOWRY HILL DEVF,LOPMENT FOR GOLFVIEW ESTATES (91047) Item 7-A 0 0 Regular Council Meeting February 24, 1992 Page 66 MOTJON was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92- 136 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FIY'4L PLAT FOR LOWRY HILL DEVELOPMENT FOR GOLFVl'3W ESTATES (91047), with the following changes: 1) The access to the lot abutting the plat to the west is eliminated; 2) The developer is not required to petition for improvements of County Road 9; 3) 45th Avenue shall be extended to the south property line ending in a temporary cul-de-sac; 4) If the sewer easement is not granted by the Deziels', staff is directed to schedule a public hearing to consider assessment of the extra sewer depth. The other zonditions are as recommended by staff. Motion carried on a roll call voter four ayes; Helliwell nay. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-137 ADOPTING ASSESSMENTS, CITY PROJECT NO. 207, CANITARI SEWER AND WATERMAIN AREA - GOLFVIEW ESTATES ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to table to March 2 :he application of Wal-Mart Stores, inc., for Land Use Guide Plan Amendment at the northwest corner of Highway 55 and Vicksburg Lane (91108), in accordance with the petitioner's request. Motion carried, five ayes. Manager Willis explained the request of Carlson Real Estate Company to advance refund the balance of existing General Obligation Tax Increment Financing Bonds issued by the City to finance certain public improvements related to the Carlson Center development. Carlson also requests that ;.he City authorize the issuance of new Tax Incremment Revenue Refunding Bonds which would mature in 2012 rather than 1994. Manager Willis stated the projected tax increments, from the district have not been generated because development has not proce9ded 0 RF50LuTiON 92-136 SETTING CONDITIONS TO BE MET PRIOR TO FILING (91047) Item 7-A RESOLUTION % _137 ADOPTING ASSESSMENTS, PROJECT NO. 207, GOLFVIEW ESTATES ADDITION Item 7-A Wal-Mart Stores, Inc. - Land Use Guide Plan Amendment (91106) Item 7-B Carlson Real Estate Co. - Request to Refund and Refinance Tax Increment Bonds Item 7-C Regular Council Meeting February 24, 1992 Page 67 as forecast by Carlson. Deficiencies in tax increments have required Carlson to cover a portion of the debt service payments from 1987 through 1990. Given the structure of the bo..d issue with a balloon in April 1994, Carlson will be required to pay deficiencies of about $6.5 zillion. Carlson is not requesting that the existing debt be refinanced for the balance of the existing term of the original bond issue; they are asking that the debt be refinanced and the term extended to 2012. He stated that Carlson made a series of business decisions which have led to this situation and there is no obvious public purpose in accommodating their request. Carlson has completed significant development in the City of Minnetonka and the tax increments in the Minnetonka district have exceeded projections required to service the debt. He recommended tha,: the Council deny the request to refinance the bonds beyond the original issuance date. iouncilmember Vasiliou asked if there would be risk to the City or the bondholders if the request were approved. Manager Willis stated there is essentially no risk to the City or the bondholders. Carlson has honored its commitments to pay deficiencies, and the St. Paul Fire and Marine Company also backs the bonds in the amount of $7 million. Counci lmember Tierney asked if there are City costs related to the refunding and reissuance. Manager Willis stated there are modest annual bond debt service costs. Councilmember Vasiliou suggested that if the Carlson request were approved, that all City coats associated with the refunding and reissuance be paid by Carlson. Dean Riesen represented Carlson Real Estate Company. Mr. Riesen stated that Carlson wiuld agree to pay all costs related to the issue. He stated that since the late 1950'x, Carlson has had significant involvement in Plymouth, with the 0 Regular Council Meeting February 24, 1992 Page 68 initial development along Highway 55. Carlson currently employs 2,000 people in Plymouth. He stated that moving the Carlson headquarters to Minnetonka did not reduce the employment commitment to Plymouth. Mr. Riesen described other Carlson projects in Plymouth. He concurred that the tax increment district has not generated the anticipated increment; however, this is mostly due to market conditions. He stated the City's approval of the refunding bonds would reduce the City's obligation and risk of default for the next two years. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-138 RELATING TO GENERAL OBLIGATION TAX INCREMENT BONDS OF 1984 (CARLSON PROJECT): REFUNDING, with the condition that Carlson will pay all costs incurred as a result of refinancing, reisssuance, and administering payment of the bonds. Motion carried on a roll call vote, five ayes. The Council discussed appointments to various boards and commisEions. Mayor Bergman proposed the following appointments: Planning Commission - Ed Albro; Park and Recreation Advisory Commission (PRAC) Steve Burk; Board of Zoning Adjustments and Appeals JBOZA) - Hoke Yin; Housing and Redevelopment Authority (HRA) - Philip Slott; Hest Hennepin Human Services Planning Board - Kimberly Helgerscn. The Council received a letter from Ken Palmer resigning from the RRA. MOTION was made by Councilmertber Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 92-139 APPOINTMENT TO PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY, appointing Philip Slott for a term expiring January 31, 1997. Mation carried on a roll call vote, five ayes. 0 HOOLUTION 92-131 GENERAL OBLIGATION TAX INCRErIENT BONDS OF 1984 - CARLSON PROJECT Item 7-C Board and Commission Appointments Item 1--D RESOLUTION 92-139 APPOINTMENT TO HPA Item 7-D Regular Council Meeting February 24, 1992 Page 69 Councilmember Edson suggested that the Council accept applications For the HRA vacancy created by the resignation of Ken Palmer. The Council concurred, and staff was directed to solicit applications. Councilmember Tierney stated serving on the West Hennepin Planning Board as an at -large would like to be appointed as representative. that Steve Mumma is Human Services representative. He Plymouth's MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-140 APPOINTMENT. TO WEST HENNEPIN HUMAN SERVICES PLANNING BOARD, appointing Steve Mumma to a term expiring January 31, 1994. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmerber Helliwell, to appoint Linda Oja to the Planning Commission. Councilmember Tierney stated that since there are already three planning commissioners who reside in District 1, she would not support the appointment of Ed Albro as suggested by the Mayor. She stated that Linda Oja has Planning Commission experience from another city. Councilmember Vasiliou stated she had interviewed Ms. Oja and was concerned about whether she would have sufficient time to devote to the Cummission. She stated that it is not inappropriate to have four commissioners from District 1 because that is where the majority of growth and development is occurring. She stated that Planning Commission Chair Stulberg supports the appointment of Ed Albro. Councilmember Helliwell stated that Ms. Oja s time commitments have not chanced since she served on the New Hope Planning commission. Also, the Commission needs stability ruid people with experience. RESOLUTION 92-140 APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES PLANNING BOARD Item 7-D Regular Council Meeting February 24, 1992 Page 70 Motion failed on a roll call vote. Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays. MOTION was made by Councilmember Vasiliou, RESOLUTION 92-141 seconded by Mayor Bergman, to adopt RESOLUTION APPOINTMENT TO NO. 92-141 APPOINTMENT Tfi PLANNING COMMISSION, PLANNING appointing Ed Albro for a term expiring January COMMISSION 31, 1995. Item 7-D Motion carried on a roll call vote; Edson, Vasiliou and Bergman ayes; Helliwell and Tierney nays. Councilmember Helliwell stated that Council is overlooking a very qualified woman candidate and has appointed a man to the position. MOTION was made by Mayor Bergman, seconded by BUQLS21M 92_142 Cour.;:ilmember Vasiliou, to adopt RESOLUTION NO. APPOINTMENT TO 92-142 APPOINTMENT TO PARK ANL RECREATION PARK AND ADVISORY COMMISSION, appointing Stere Burk for a RECREATION term expiring January 31, 1994. ADVISORY COMMISSION Motion carried on a roll call vote; Edson, Item 7-D Vasiliou and Bergman ayes: Hel;-iwell and Tierney nays. MOTION was made by Mayor Bergman, seconded by RESOLUTION 92-143 Councilmember Vasiliou, to adopt RESOLUTION NO. APPOINTMENT TO 92-143 APPOINTMENT TO BOARD OF 'BONING ADJUSTMENTS BOARD OF ZONING AND APPEALS, appointing Poke Yin to a term ADJUSTMENTS AND expiring January 31, 1995. APPEALS Item 7-D Motion carried on a roll call vote: Edson, Vasiliou and Bergman ayes; Helliwell and Tierney nays. Staff was directed to send a letter to all applicants thanking them for interviewing and suggesting other volunteer activities they may be interested in. The Council directed staff Kargas regarding volunteer has expressed interest in gardens. to contact Eydie opportunities. She coordinating the city C] 0 Recytlar Council Meeting February 24, 1992 Page 71 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 92-144 REQUEST FOR PAYMENT NO. 11 AND FINAL, 1990 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 001. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 92-145 REQUEST FOR PAYMENT NO. 2 AND FINAL, 15TH AVENUE NORTH - STREET IMPROVEMENTS, CITY PROJECT NO. 945. Motion carried on a roll call vote, five ayes. Marjorie Vigoren, Solid Waste Coordinator, presented the proposed 1992 Recycling and Yardwaste Program. She reported that in order to meet the 80 percent County funding requirement in 1991, the City was required to recycle a minimum of 16 percent of tho waste stream. Plymouth exceeded this minimum requirement by recycling 17.76 percent in 19:11. The minimum requirement increases to 18 perzent in 1992. Director Moore stated that the current curbside recycling contract expires at the end of 1992. He requested direction from the Council on any changes to the existing program they would like considered and included in a revised contract. Coordinator Vigoren stated that in 1990 the City began operating a yardwaste disposal site at the Public Works Building site. In 1990 the City accepted only grass clippings and leaves. In 1991 the program was expanded to include brush and small tree limbs. The program has been received favorably by the citize..is with about 11,000 vehicles using the facility during the eight months each year it was in operation. In the past the County has provided funding to the City for the yardwaste program. They will continue to provide funding in 1992, but we are uncertain whether this funding will continue into 1993 cr future years. N OLUTION 92-144 PAYMENT NO. 11 AND FINAL, 1990 STREET RECONSTRUCTION PROGRAM, PROJECT NO. 001 Ztem 7-E-1 RRCAT.tTTZON 92-145 PAYMENT NO. 2 AND FINAL, 15TH AVENUE NORTH STREET IMPROVEMENTS, PROJECT NO. 945 Item 7-E-2 1992 Recycling and Yardwaste Program Item 7-F 0 Regular Council Meeting February 24, 1992 Page 72 Director Moore stated a major problem with the program the last two years has been odor complaints from an adjacent business. In order to solve this problem, he suggested removing the yardwaste material from the site on a weekly basis. The weekly removal would add to the cost of the program. Coordinator Vigoren described several options for the Council to consider with respect to the yardwaste program for 1992. She recommended that the City discontinue accepting grass clipp-ngs at the yardwaste drop-off site. Residents could leave grass clippings on their lawn, estab ish a back yard compost pile, or have their refuse hauler pick up bagged clippings. Similar options are not available for residents to manage leaves and brush. She suggested phasing out accepting grass at the City site by early summer and promoting lawn maintenance practices that reduce the amount of the waste. Mayor Sergmar. asked if the City may be able to identify a remote site in Plymouth for use as a drop-off site in order to avoid odor problems. Cocrdinator Vigoren stated it would be difficult to find that type of site within Plymouth. She also was unsure of whether enough materials could be generated at a drop-off basis to justify a full compost operation. Councilmember Vasiliou expressed concerns that this service not be discontinued until an alternate plan is identified. The Council discussed each of the proposed options, as well as pr+vete services available to residents for disposing of leaves, grass, and brush. Discussion was also held on promotion efforts, including the Plymouth Mews and a flyer that could be provided to individuals using the drop-off site. Councilmember Helliwell stated she would support discontinuing saceptance of grass at the drop-off site. Residents will continue to bag grass clippings as long as there is no cost for disposal. The City should be encouraging residents to leave the clippings on their lawns. Regular Council Meeting February 24, 1992 Page 73 Counc+ I member Edson stated the service should be continued for 1992. It Is significant that 17,000 vehicles use the facility. Manager Willis suggested that the Council consider continuing the yardwaste program in 1992 similar to 1991, and that the City undertake an education effort to inform residents and site users that acceptance of grass clippings will be discontinued within a year. The education effort would also advise residents of the benefits of keeping clippings on the lawn. MOTION was made by Mayor Bergman; seconded by Councilmember Edson, to adapt the City Manager's recommendation for the 1994' Yardwaste Program. Motion carried, five ayes. Assistant Manager Boyles stated that, on January 27, the Council heard a rectuest frim Howard and Dotty Bork to consider amendment of the City Code to allow bowfishing in the City. The City Attorney has recommended against allowing howfishing in the City for safety reasons. If bowfiahing is allowed, the Attorney recommended that the Council: 1) Define where bo ;fishing would be allowedi 2) Require the necessary DNR permits; 3) Address the issue of disposal of speared fish; 4) Implement an age limit for individuals bowfishing; and 5) Require licensing. Howard and Dotty Bork, 3730 Orchard Avenue North, Robbinsdale, responded to each of these items. They suggested that the Council establish a specified distance from a residence for bowfishing, as archery target shooting is now. They stated that a valid fishing license is already required for bowfiahing, and the state fishing laws already prohibit leaving rough fish on the shore or returning them to the water. Councilmember Edson suggested that the Council limit bowfishing to persons of a certain age consistent with the hunting laws. In other words, if a child under a certain ago must be accompanied by a adult in order to nunt, the same would apply for bowfishing. Ordinance Amendment regarding Bowfishing Item 7-G Regular Council Meeting February 24, 1992 Page 74 Mrs. Bork stated they would volunteer to conduct a bowfishing seminar. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to direct the City Attorney to draft an ordinance amending the City Code to allow bowfishing under the conditions outlined in the memo from Howard and Dottie Bork. The ordinance should include a specified distance from residences and a minimum age when bowfishing can be done. Councilmember Helliwell stated that safety is a concern; however, if the Council approves a deer hunt later this year, bowfishing should also be allowed. Mayor Bergman asked if the City would be liable for allowing the activity if a bowfisher was injured. Attorney Meller stated it is unlikely the City would be liable. The safety concerns are related to children shooting the bow and arrow without supervision. Motion carried, five ayes. Park Director Blank stated that on May 6, 1991, the Council authorized staff to begin negotiations for the acquisition of 14 acres of property lying immediately west of the Zachary Playfield. On February 6, staff reached a tentative agreement with Mr. Forster for the purchase of this property, subject to Council approval, at the cost of $482,500 plus assuming special assessments estimated at $32,000. In addition, the City would sell to the Forsters 3.71 acres of land lying south of County Road 9 for the price of $90,000. Director Blank stated that this would complete the land acquisition for park purposes east of I- 494, with the exception of two small parcels. He stated this is an important acquisition in order to buffer the park site from abutting neighbors, to possibly expand parking, and to serve recreation needs in the area if usage continues to intensify. Parkland Acquisition - Forster property adjacent to Zachary Playfield Item 7-H 0 Regular Council Meeting February 24, 1992 Page 75 Councilmember Vasiliou asked if the new Bass Lake Playfield wouldn't take some of the pressure off of Zachary Playfield. Director Blank stated Bass Lake Playfield is primarily earmarked to serve residents in the northeastern area of the City which is in Osseo School District 279. Mayor Bergman expressed concern that residents abutting the proposed acquisition will complain that tt.9y did not know the park was planned. The purchase would also deplete the park dedication fund. Councilmember Helliwell stated the acquisition would allow the City to sell the parcel on the south side of County Road 9. The amount gained from that sale and the payment schedule negotiated by staff would bring the cost of the acquisition down somewhat. Councilmember Edson stated there are problems with parking when tnere is a large event at Zachary Playfield and/or at Zachary School. He asked if additional parking is proposed. Director Blank stated the City has a reciprocal agreement with the church abutting Zachary Playfield for overflow parking. Councilmember Edson stated that this acquisition is not contained in the proposed 1992-1996 Capital Improvement Pr -)gram (C.I.P.). If this acquisition is made with park dedication funds, the fund would have a negative balance by 1994. He stated that major capital expenditures should be in thi Capital Improvements Program, reviewed under set criteria, and the funding suurces evaluated as previously recommended by the Financial Task Force. Mayor Bergman stated the City would also assume costs for the necessary public improvements to serve the site. Councilmember Vasiliou stated the problem is compounded because additional staff are needed :u 0 Regular Council Meeting rebruary 24, 1992 Page 76 maintain the property after it is acquired and developed. Councilmember Helliwell stated that the land would t.ot have to be developed for several years, and there are additional funds going into the psrk dedication fund each year. Councilmember Edson stated that even taking into consideration the additional park dedication fees, there would still be a projected deficit of 628,000 in 1994. The Capital Improvement Program should be used to set priorities on acquisition, and this property should not be acquired until it is included in the C.I.P. and priorities are established. Director Blank stated the acquisition was not included in the 1992 C.I.P. because staff began negotiations for acquisition in 1991, as directed by the Council, and did not expect the process to carry over to 1992. Councilmember Helliwell stated she would like the upcoming consideration of the C.I.P. to include this acquisition. Councilmember Tierney stated that land acquisition is important, and the City should not let an opportunity slip by. She asked if Mr. Forster has set a time limit for sale of the property. Mr. Forster stated that several developers are looking at the property. He would prefer that the City acquire the property because he believes more trees will be saved, but would like to sell the property within one to two months. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to refer the acquisition of the Forster property to the Planning Commission for consideration of the C.I.P., and to defer the issue for no longer than one month. Motion carried, five ayes. 0 0 Regular Council Meeting February 24, 1992 Page 77 Councilmember Tierney suggested that a Council study session be conducted on the acquisition issue following the public hearing on the C.I.P. by the Planning Commission. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 92-146 AMENDING LOCAL GOVERNMENT ACCESIm CHANNEL 37 OPERATING POLICIES AND PROCEDURES to initiate rebroadcast of the meetings of other northwest city councils. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated that an individual is considering purchase of the Party Mart Liquor property which is affected by Directive No. 91- 157 relating to sprinkler requirements. Staff was directed to notify the individual of this pending action. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to accept the direct ivrs report. Motion carried, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to accept the Capital Improvement and Project Status Reports. Motion carried, five ayes. Finance Direotor Hahn presented the 1991 Unaudited Financial Report. He stated that revenues exceeded projections, with the exception of fines and forfeitures. The expenditures were under budget with the exception of the public works budget, primarily due to snow plowing. He stated that the general fund reserve is 39.2 percent of the 1992 budget, which is very near the City's goal of 40 percent. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to accept the 1992 Unaudited Financial Report. Motion carried, five ayes. RESOLUTION 92-146 AMENDING POLICY TO REBROADCAST MEETINGS OF OTHER CITY COUNCILS Item 7-I Council Directives Item 7-J-1 Project Status Reports Item 7-J-2 1991 Unaudited Financial Report Item 7-K 0 0 Regular Council Meeting February 24, 1992 Page 78 Manager Willis reported on legislation relating to drinking water requirements. The State has been mandated to test public water supplies for 83 additional contaminants. The State Health Departmf.nt is expected to ask the Legislature to consider two funding options: 1) To charge each of the public water supply "owners" a fee of 3,400 per well per year ($41,000 for Plymouth), or 2) To charge a $5 per account surcharge 75,500 for Plymouth). Mayor Bergman stated that two additional items have been added to the Council and Manager Goals and Objectives. He suggested that the City Council discuss the 1992 Goals and Objectives at a study session. Councilmember Edson reported that the HRA voted to draft a resolution to recommend that the Council proceed with the proposed senior housing project and that the HRA so3icit bids for a partner in the project. The partner could assist the HRA with refining the proposals, construction management, and ultimately with management of the project. Councilmember Tierney stated that the Charter Commission has voted to move ahead with a City Charter. The Commission has divided into four subcommittees which are split by topics cot,%.ained in the LMC model charter. She invited Councilmembers to attend the subcommittee sessions. All the meetings are open to the public. The Council reviewed the study sessions topics and schedule. The Council dirocted that discussion of the 1992 Goals and Objectives be added as a study topic. Councilmember Edson suggested that the Council could develop or classify specific goals to accomplish each area of objectives. Staff was directed to distribute the Mission Statement to the Council, along with the goals the Council adopted in 1989. Legislative update Item 7-L 1992 Goals and Objectives Item 7-M Proposed Senior Citizen Housing Project Item 7-N Charter Commission Item 7-N Study Session Topics and Schedule item 7-0 0 0 Regular Council Meeting February 24, 1992 Page 79 Staff was directed to write to the Plymouth Speedskating Club to determine if they would like a meeting with the City Council. If a meeting is not desired, this item should be removed from the study session topic list. The Council scheduled a study session for 5:00 p.m. on March 9 to discuss the 1992 Goals and Objectives. The Council scheduled a study session for 9:00 a.m. or March 21. 1992 Goals and Objectives Item 7-0 The Council reviewed a memo from Public Works Equipment and Director Moore, Public Works Supt. Kolstad, and Personnel Needs Street Supervisor Vetsch relating to equipment for Snowplowing and personnel needs for major snowstorms. Item 7-P Mayor Bergman asked if staff could be diverted from plowing rinks and trails to street plowing so plowing can be completed sooner without additional cost to the City. Public Works Director Moore stated that personnel do not plow rinks until all streets are opened. Mayor Bergman stated that after the second heavy onowfEll of the season, he received many calls from residents that couldn't get out of their cul-de-sac. He asked how this could be avoided in the future. Director Moore stated that during thatstreets Curb the contractor hired by the City plowed to curb before moving to the next area. He has now been instructed to use the procedure used by the City - to plow a two-lane path through a street and one path through cul-de-sacs. After all streets are initially opened, the plows go back and open the streets curb to curb. Residents will be better able to get out of their property, but may need to remove anew from the end of their driveway again after the second plowing effort. The mee•:ing was adjourned at 1000 p.m. ` 1 t t' C erC r