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HomeMy WebLinkAboutCity Council Minutes 08-31-1992MINUTES REGULAR COUNCIL MEETING AUGUST 31, 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 August 31, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, Park and Recreation Director Blank, City Attorney Meller, and City Clerk Rauephorst ITEM 4-A NORTH SUBURBAN REGIONAL EMERGENCY RESPONSE MANAI;EMENT PROGRAM - OPTICOM Public Safety Director Gerdes introduced Doug Hoppenrath of North Memorial Hospital. h"r Hoppenrath described the proposed program spo,isored by the North Suburban Regional Emergency Response Network. 'the network consists of a number of cities and Narth Memorial Hospital. Under the proposed program, an Opticom Priority Control System would be installed at key intersections in the participating communities. The controls are designed to provide emergency vehicles with the ability to create an open corridor through signalized intersections. lie introaced Chuck Lindstrom and Richard Hardeen, who showed a videotape of the Opticom Priority Control System. Mr. }ioppenrath requ(sted that the Council adopt a resolution authorizing participation in a joint powers organization to investigate the possible installation of an area wide Opticom Emergency Response Management Progrunt. Councilmember Vasiliou stated she would be reluctant to guarantee funding for this project since the proposed 1993 budget is not yet balanced MOTION was made by Councilmember Vasiliou to defer this item to the next budget study session. A:ting Manager Boyles stated the cost of the intersection improvements in Plymouth would be $219,700. The proposed resolution would authorize participation in the joint powers agreement only. No funding would be authorized in the resolotion. The group will seek funding sources for the project that they hope will cover 100 percent of the costs. Councilmember Vnailiou withdrew her motion 0 0 Regular Council Meeting August 31, 1992 Page 295 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 92-494 AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR THE INSTALLATION OF AN AREA WIDE OPTICOM EMERGENCY RESPONSE MANAGEMENT SYSTEM BY THE NORTH SUBURBAN REGIONAL EMERGENCY RESPONSE NETWORK Councilmember Edson stated this project should be included for consideration in the Capital Improvements Program. Motion carried on a roll call vote, five ayes. DIAL -A -RIDE SERVICE Acting Manager Bayles introduced Metrolink Program Manager Mark Ryan. Mr. Ryan introduced Steve Mahowald of the Metropolitan Transit Commission (MTC). Mr. Ryan stated the Plymouth Metrolink system has been in operation since October1983Duringthistimetherehasneverbeenacomprehensiveanalysisoftheservice. Thisreviewisintendedtoidentifychangesthatcouldbemadetoimprovetheservice. He explained the three options under consideration: l) Continue service as is with no changes; 2) Modify routes and continue shuttles to existing Plymouth park and ridelocations, and 3) Modify routes, with shuttles to existing Plymouth park and ride locations and recently completed 1-394 park and ride locations. On Septedoer 10 a public meetingwillheheldjointlybytheCity, the MTC and the Regional Transit Board (RTB) at whichtheoptionswillbereviewedandcitizenswillhaveanopportunitytocomment. Once theCouncilreviewsandapprovesanoption, the RTB will be informed of th City's decisionandtheserviceplanwillbeincorporatedintoaRequestforProposalstobeissuedinOctober. Any changes to Plymouth Metrolink service will become effective in April 1993 when a new contract is awarded to the selected provider Mr. Mahowald described the work plan, including data collection, analysis and evaluation, identification and development of alternatives, and solicitation of community input. Regular Council Meeting August 31, 1992 Page 296 ITEM 5 APPROVE AGENDA Mayor Bergman requested the folio big i* ;ms be added to the agenda: I) Competitive Bidding Policy; 2) Legal billing practices; and 3) Resolution directing City Attorney to respond to State Auditor with respect to City Manager issue. Councilmember Tierney asked if the proposed constitutional mnendment relating to sales tax and the Local Government Trust Fund should he considered. The Council directed staff to place the item on the September 14 agenda. MOTION was made by Councilmember Vasiliou, seconded by Councilmember rdson, to approve the agenda with the three additions noted above. Motion rarried on a roll call vote, fille ayes. TEM 6 CONSENT AGENDA Item 6-B was removed from the Consent Agenda. In respc-ise to a question by Councilmember Helliwell, Community Develop- nent Director Dillerud explained the revised resolution proposed for Item 6-C. MOTION w2s made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the Consent Agenda as amended. Motion carrie 1 on a roll call vow five ayes MOTION was made by Councilmember Tierney, seconded by Councilmember Hflliwell, to approve the minutes of August 17, 1992. Motion carried on a roll call vote, tive ayes. i Ni(92056) Community Development Director Dillerud presented tl+e staff repart on the request of Eugene Parbmgd and Martin Harstad for Mixed Planne3 t init Development Concept Plan/Preliminary PlantPlat and Conditional Use Permit :or 1.19 dwelling units and a 25." Regular Council Meeting August 31, 1992 Page 297 acre office site; and rezoning of 96.9 acres to R-2 and 25.7 acres to B-1 from FRD, located at the northwest corner of Vicksburg Lane and Highway 55. The Planning Commission recommended approval of the Preliminary Plan with the following recommendations: 1) Specify that Block 6 he in the ownership of and become the responsibility of the Homeowners Association of thi attached units north of D. .irk Lane; 2) Extend Yuma Lane through the .61 acre wetland at approximately 37th Place as proposed by the plan; and 3) To amend the grading plan to include berming along the portion of the townhouse development fronting Vicksburg Lane and all development fronting New County Road 9 (nor:.h and south side). Director Dillerud stated that the petitione- has submitted a letter requesting that berming/screening along County Road 9 and Vicksburg Lane be tied to construction of the adjacent homes on a site by site basis White the City has not specified tate exact timing of the berming/screening of residences from the thoroughfares, the City generally requires that work to be completes; by the developer along with site mass grading. Bob Kost, 700 South 3rd Street, Minneapolis, represented the petitioner. He introduced Martin Harstad, Mark Harstad, Eugene Forbragd, and Attorney Bruce Malkerson. Mr Kost requested that the Council amend Item 25G of the Engineer's Memo relating to assessments and phasing. He stated the standard method of assessment would not be fair or equitable regarding construction of County Road 9. He also requested that the developer be allowed to build the initial phase of the development during the fall and winter of 1992, which will be before County Road 9 is constructed. Mr. Kost also requested that the Council amend the requirement for left -turn lanes on Vicksburg Lane at 37th Avenue. He stated the traffic volumes are not significant enough to warrant the turn lanes, and cited other examples of developments on Vicksburg Lane where the turn lanes were not required Couneilmember Vasiliou asked if the Vicksburg Lane/36th Avenue intersection is proposed to be changed due to the development She stated visibility is currently very difficult at the intersection., Public Works Director Moore said nothing is proposed to be done at the present time. As traffic levels increase, signalization will be justified at this intersection He concurred with Mr. Kost that the City could consider a modified plan for assessment of County Road 9 improvements. The assessment policy and alternative formulas would be considered at the time a petition for the construction is submitted, which has not been received to date. Councilmember Helliwell agreed that the Council should consider a modified assessment policy, and stated that she supports the left -turn lanes on Vicksburg Lane. Mr Kost requested that the Council amend the Engineer's Memo Item 25j -c relating to the developer providing a mitigation area for County Road 9. I le stated the developer is 0 0 Regular Council Meeting August 31, 1992 Page 298 providing a 125' right-of-way as part of the platting process, as well as installing added landscaping for buffering from the roadway The developer will lose two single family lots as the result of the required mitigation for County Road 9. Director Moore stated the mitigation must be made on the size, and the developer should be able to provide this mitigation in neatly a 100 acre development. Director Moore also addressed the earlier comment of Mr. Kost relating to left -turn lanes not being required in other developments. He stated that a distinction has been drawn between the areas on Vicksburg Lane to the south and north of County Road 9. The area to the south is commercial in nature with higher traffic levels; therefore, turn lanes are needed. He also stated staff believes that the development should occur during or after the public improvements for new County Road 9 are installed. Director Moore stated the Engineer's Memo currently sets forth the Special Assessment Policy and states, "unless amended by the City Council " Mr. Kost stated this is adequate. Mr. Kost stated the proposed initial phase is only 10 lots. The developer would like to start grading and construction during the winter months However, County Road 9 will not be constructed by that time. Bruce Mnikerson, Attorney for the petitioners, s.ated the mitigation required for County Road 9 is 0.6 acres, which is significant. He stated that if the Council would allow construction of the initial 10 lot phase, the developer would provide full disclosure to the 10 6.iture property owners. Mayor Bergman expressed concerns about the lack of common area along the county road, inciuding proper grading and common maintenance. He stated the berming and landscaping should be consistent. He also asked about entrance monuments. Mr. Kest stated a woodland preservation zone is proposed along the rear of each lot to be enforced through the deeds. Entrance monuments are proposed at Dunkirk and County Road 9, and at 38th Avenue and Vicksburg Lane. Temporary advertising signs are proposed at other locations only until the development is complete Mr. Kost stated that landscaping and berming along County Road 9 would be completed at the time of mass grading for the adjacent development. MOTION was made by Councihnember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 92-495 APPROVING MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR EUGENE FORBRADG AND MARTIN HARSTAD LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND VICKSBURG LAND (Q2056) Motion carried on a roll call vote, five aves Regular Council Meeting August 31, 1992 Page 299 MOTION was ,..,ade by Councilmember Vasihou, seconded by Councilmember Tiern ay, to adopt RESOLUTION 92496 APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/DLAT AND CONDITIONAL USE PERMIT FOR EUGENE FORBRAGD AND MARTIN HARSTAD FOR LAND LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND VICKSBURG LANE 92056), amending Item I by changing Condition 25-G of the Engineer's Memo to permit initial phase construction of ten lots along Weston Lane, and amending Condition 23 of the resolution to read: "The grading plan shall include benning along that portion of the townhouse development fronting Vicksburg Lane and all development fronting New County Road 9 (north and south side), concurrent with the Final Plat for the area in w:uch the landscaping is to be constructed. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt ORDINANCE 92-24 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHWEST QUADRANT OF HIGHWAY 55 AND VICKSBURG LANE FROM FRD TO R-2 AND B-1 (92056). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 92497 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR EUGENE FORBRAGD AND MARTIN HARSTAD FOR LAND LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND VICKSBURG LAND (92056). Motion carried on a roll call vote, five ayes. Regular Council Meeting August 31, 1992 Page 300 ITEM 6-C LUNDGREN BROS. CONSTRUCTION. PREL. PLAT AND VARIANCES, AND REZON 14G 1920601 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92498 APPROVING PRELIMINARY PLAT AND VARIANCES FROM SUBDIVISION CODE FOR MINA" REQUIRED LOT WIDTH FOR LUNDGREN BROS. CONSTRUCTION FOR PROPERTY LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE (92060). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt ORDINANCE 92-25 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE AS R -1A ILOW DENSITY SINGLE FAMILY RESIDENTIAL) (92060). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-499 SETTrNG CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR LUNDGREN BROS. CONSTRUCTION FOR PROPERTY LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE (92060). Motion carried on a roll call vote, five ayes. ITEM 6-D JOHN RYAN. AMENDED PUD PLAN AND CUP AT 1025 YUMA LANE NORTH 1920631 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-500 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR JOHN RYAN FOR PROPERTY LOCATED AT 1015 YUMA LANE (92063). Motion carried on a roll call vote, five ayes. 0 9 Regular Council Meeting August 31, 1992 Page 301 ITEM 6-E AMENDMENT TO DEFINITION SECTION OF ZONING ORDINANCE MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt ORDINANCE 92-26 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZO'ING ORDINANCE, RELATIVE TO THE DEFINITION SECTION REGARDING FLOOD PLAIN ZONING. Motion carried on a roll call vote, five ayes. ITEM 6-F RELEASE OF SITE PERFOR`9ANCE GUARANTEE FOR KIMBERLY LANE ELEMENTARY SCHOOL (900311 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwcll, to adopt RESOLUTION 92-501 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL DISTRICT 284 WAYZATA) FOR KIMBERLY LANE ELEMENTARY SCHOOL LOCATED SOUTH OF COUNTY ROAD 9, WEST OF HOLLY LANE (90031). Motion carried on a roll call vote, five ayes. ITEM 6-G REDUCTION OFSITEPERFORMANCE GUARANTEES MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-502 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR QUANTUM DEVELOPMENT, INC., FOR THE BEACON HEIGHTS SCHOOL LOCATED AT 12325 STATE HIGHWAY 55 91032). Motion carried on a roll call vote, five ayes MOTION was made by Counciimember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-503 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR KELLY INNS LTD. LOCATED AT 2705 ANNAPOLIS LANE NORTH (91095). Motion carried on a roll call vote, five ayes 0 0 Regidar Council Meeting August 31, 1992 Page 302 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-504 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR KELLY WEST VENTURES LOCATED AT 2705 ANNAPOLIS LANE NORTH (92026). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-505 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR PARKSIDE APARTMENTS LOCATED AT THE SCLTHWEST CORNER OF OLD ROCKFORD ROAD AND 41 ST AVENUE NORTH (91087). Motion carried on a roll call vote, five ayes. ITEM 6-H 10TH AVENUE PARK, OFFICIAL NAME - SOUTH SHORE NEIGHBORHOOD PARK MOTION was made by Councilmember Tierney, sece 'ed by Councilmember Helliwell, to adopt RESOLUTION 92-506 APPROVING THE uFFICIAL PARK NAME "SJUTH SHORE NEIGHBORHOOD PARK". Motion carried on a roll call vote, five ayes. ITEM 6-1 APPROVING NEEPS/FEASIBILITY STUDY FOR RIDGEMOUNT AVENUE SIDEWAL RAIL MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-507 APPROVING NEEDS/FEASIBILITY STUDY FOR RIDGEMOUNT AVENUE SIDEWALK/TRAIL. Motion carried on a roll call vote, five ayes. Regular Council Meeting August 31, 1992 Page 303 ITEM 64 1992-93 ICE RINK LOCATIONS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-508 APPROVING 1992-93 ICE RINK LOCATIONS AND MAINTENANCE SCHEDULE. Motion carried on a roll call vote, five ayes. ITEM 6-K DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-509 REDUCING DEVELOPMENT BOND, BOULDER RIDGE 2ND ADDITION (91010). Motion carried on a roll call vote, five ayes 14OT10N was made by Councilmember Tierney, seconded by Council;iember Helliwell, to adopt RESOLUTION 92-510 REDUCING DEVELOPMENT BOND, CURTIS LAKE ADDITION (90105). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-511 REDUCING DEVELOPMENT BOND, GOLFVIEW ESTATES ADDITION (91047). Motion carried on a roll call vote, five ayes. ITEM 6-L INSTALLATION OF STOP SIGNS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION Q2-512 INSTALLATION OF STOP SIGNS on Evergreen Lane at Sunset Trail, on 43rd Avenue at Fernbrook Lane, on 26th Avenue at Ranchview Lane, and on Nathan Lane at 51st Avenue. Motion carried on a roll call vote, five ayes. 0 0 Regular Council Meeting August 31, 1992 Page 304 ITEM 6-M WETLANDS MITIGATION PLAN FOR THE DEZIEL/rOMBERS PROPERTY MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-513 APPROVING FILLING WETLANDS AND THE NETLAND MITIGATION PLAN FOR THE DEZIEL/TOMBERS PROPERTY. Motion carried on a roll call vote, five ayes AVENUE, PROJECT NO, 104 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-514 TRAFFIC SIGNAL AGREEMENT, COI.rNTY ROAD 101 AND 14TH AVENUE, CITY PROJECT NO. 104. Motion carried on a roll call vote, five ayes. NO 1 PROJECT NO, 909 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 921-515 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS, WELL NO. 11, CITY PROJECT NO 909 Motion carried on a roll call vote, five ayes. FOR PDV STORE T NORTHEAST CORNER OF FERNRROOK LANE AND COUNTY - ROAD 61920591 Community Development Director Dillerud stated the Planning Commission failed to adopt a recommendation with regard to the applications of TOLD Development for preliminary plat, site plan, and conditional use permit at the northeast corner of Fembrook Lane and County Road 6. Motions to both approval and denial of the Site Plan/Conditional Use Permit failed on votes of 3-3, and, a motion to approve the Preliminary Plat also failed on a 3-3 vote. At the public hearing, a number orpropert) owners in the residential areas west and south of the site noted their objections to the 0 0 Regular Council Meeting August 31, 1992 Page 305 granthig of the Conditional Use Permit. A number of industries in the area have submitted letters in support of the proposed use. Pirector Diperud explained the Zoning Ordinance provides that a retail use may be allowed by Conditional Use Permit in the I-1 District when that use is Ilessential to the operation of this district and providing goods and services which are primarily for the use of persons employed in the district". He stated the two Conditional Use Permit standards referenced as a basis for denial involved the use being detrimental to the general public welfare or endangering the public health, safety, morals and comfort; and, the use being injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted and substantially diminishing and impairing property values within the neighborhood. Ralph Robinson, 6900 Wedgwood, Maple Grove, represented TOLD Development. He introduced other members of the development team. Mr. Robinson presented the results of a survey conducted in June 1991. Industrial businesses in the area were contacted and asked to rank issues of importance relating to the use of the property at Fernbrook Lane and County Road 6. A high percentage of those contacted indicated that a gas and convenience store was most attractive to the industrial users. He stated that TOLD Development then selected PDQ as the proposed store Jim Shelton, PDQ rood Stores, Bloomington, stated the PDQ store at County Road 9 and Annapolis Lane has been in existence for four years. Ile stated that store has been a good neighbor in the area, and PDQ tries to employ people who live near the store. Blair Tremere, P O. Box 27043, Minneapolis, stated the time is right to allow PDQ to locate in this industrial distect. He stated the industrial areas to the east and west of 1- 494 from Highway 55 to I-394, employ 14,000 people who need retail services. The Zoning Ordinance contemplated the need for those employees to have limited retail, and the industrial park is largely developed. Mr. Tremere stated the use would be "primarily", as stated in the Zoning Ordinance, to provide essential goods and services to people employed the surrounding industrial area. He stated the PDQ store would be a community asset, as well as a neighborhood asset. PDQ would not be reliant on business from the freeway; it would draw customers from the immediate industrk l area. He stated that information from the City Assessor's office indicates that the values of the residential properties in the immediate vicinity of the existing PDQ on County Road 9 and Annapolis Lane have not declined in the last four ,years. Jerre Archer, 6600 City West Pkwy. 4210, Eden Prairie, explained the site analysis conducted for the location at County Road 6 and Fernbrook Lane. Ile stated that market studies have shown PDQ has a one -mile trade area, and industrial businesses in the areas have a need for retail goods and services Mr Arrlter explained the market suivev responses in detail He explained the product mix will include office supplies, and would include bakery and Cmli items to serve employees in the area The store would be oriented 0 Regular Council Meeting August 31, 1992 Page 306 toward Fernbrook Lane, with the gas pumps away from County Road 6. He described landscaping proposed on the site, and stated there would be no access onto I-494 or County Road 6 directly from the site. Access to Fernbrook Lane would be via private drive at 17th Avenue North. PDQ representatives have conducted a meeting with area neighbors to discuss the project. He stated that 1990 traffic counts on Fernbrook Lane indicate a daily count of 5,400 veiucles, which is riot significant for a four -lane road. Alian Klugman, 14180 Trunk Highway 5, Eden Prairie, stated he is the traffic engineer on the project. He conducted a traffic study on the site which indicated that 25 to 75 percent of the trips to PDQ are "captured" or pass -by trips. He stated that from an increased traffic perspective, this use would not have an adverse implct on the neighboring residential area. A representative of the petitioner read a portion of a letter from a private appraiser which indicated that the market value of the adjacent residential properties would not diminish due to the proposed PDQ store. The values are already diminished because the properties abut industrial zoned property, and they are in close proximity to heavily traveled roadways. He showed a diagram of the proposed 1: Shting, and stated that no intercom system is proposed and litter will not be a problem Walter Rockenstein, Faegre and Benson Law Firm, stated it is his opinion that the City standards for issuance of a Conditional Use Permit have been met by the petitioner. Richard M. O'Brien, 14304 17th Avenue North, stated the neighboring residents have nothing against PDQ as a company, they just don't want it located at Fernbrook Lane and County Road 6. He stated that residents know that employees in the area will use the store and that may be part of the problem. If the Council is inclined to approve this usz. he stated residents would prefer a long building to buffer the freeway. He stated the proposal fails all six of the conditional use pennit standards. Mr. O'Brien reported that in Hennepin County traffic counts conducted in March, 1992, the traffic volumes are much greater than the developer indicated. The counts were 5,500 vehicles per day on Fernbrook Lane, and 16,000 per day on County Road 6. He stated there are extreme safety factors involved, and the proposed use would be only 400' from the County Road h intersection The Public Works department indicated that a traffic signal would not be installed at 17th Avenue due to its proximity to County Road 6. This presents a further safety problem. He stated a PDQ store would not be beneficial to the residential neighborhood. Kathryn Fetterman, 14505 17th Avenue, stated the proposed PDQ location is less than a block a%. ay from her home She opposed the requests because the use will hurt the existing residential area, there are already fond and gas establishments at Highway 55 and Fernorook Lane, a new Holiday Station Store is under construction at that same location, traffic at the intersection of County Road 6 and Fernbrook Lane will be increased, and the retail use should he located in the renter of, he tnduxtn tl district it is intended to serve Regular Council Meeting August 31, 1992 Page 307 She stated increased traffic could affect emergency velucle access because there is a fire station on County Road 6 and ambulance station at Highway 101 and County Road 6. Ms. Fetterman stated a PDQ store would not enhance her property value, and she would prefer an office, warehouse, or small manufacturing use at this intersection. Councilmember Helliwell stated she had visited the area and is concerned about exhaust fumes due to heavy traffic. The neighbors she spoke with would Wee to have a light manufacturing use on the site. She views the proposed use as putting a gasoline station in a residential neighborhood. A greater buffer is needed between the gasoline use and residences. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-516 DENYING SITE PLAN. CONDITIONAL USE PERMIT AND PRELIMINARY PLAT FOR TOLD DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF FERNBROOK LANE AND COUNTY ROAD 6 92059). Councilmember Vasiliou commented that whether or not the existing PDQ store on County Road 9 has influenced the market values of the residential properties in the area is unknown, since none of the properties have been sold in the last four years. She is concerned about maintaining property values because a number of individuals in the area of County Road 6 and Fernbrook Lane have fixed incomes. Councilmember Edson stated that a PDQ store in another location would be appropriate. He is concerned about the store at this location due to the traffic volumes and proximity to residences. Also, the store would be at the edge of the industrial district it is intended to serve. The use should be more centralized in the district. Councilmember Tierney stated that the retail use is needed by employees of the area industrial businesses. A retail store in the industrial district would reduce traffic. She stated she was supportive of the use until she talked with residents who abut the existing PDQ on County Road 9 Some residents were very concerned about the noise and lighting resulting from the PDQ use. She supports the concept of a retail use in the industrial area, but will not support a PDQ at the proposed location. Councilmember Vasiliou stated a further concern is that the outlot which would abut the proposed PDQ is prime for a high use slich as fast food r=:staurant. She stated the petitioner had indicated that was not their intent; however, the City has no assurances of what type of retail use would go on the lot if the plat were approverl Mayor Bergman stated he would not be as concerned with the neighbors' request~ had they purchased their homes after a gns %tntion was constructed This is it situation nf exiaing residents who were convince) that the abutting use would he industrial, not retail. in nature a 0 Regular Council Meeting August 31, 1992 Page 308 Motion to deny carried on a roll call vote, five ayes. ITEM 7-13 ZONING ORDINANCF AMENDMENT REGARDING RESIDENTIAL SHELTERS AS AN ALLOWABLE USE IN RESIDENTIAL DISTRICTS Director Dillerud stated that on a 3-2 vote, the Planning Commission recommended an amendment to the Zoning Ordinance that would allow residential shelters in places of worship in all residential di^tricts with a Conditional Use Permit. The issue was considered by the Planning Commission at the direction of the City Council. The concept involves use of places of worship for overnight accommodation of homeless families on a periodic basis Dissenting planning commissioners favored the less restrictive option of changing the definition of "residential structure" to exclude places of worship used for transitional housing purposes a limited number of times each year. Janice Hajny, 14415 17th Avenue North Social Action Chair at Peace Lutheran Church, stated they are very concerned about the Planning Commission recommendation that a Conditional Use Permit would be required for this type of use. She stated that this issue was first brought before the Council over three months ago and a Conditional Use Permit process would cause another 60 day delay. More importantly, each Face of worship wishing to provide this service in the future would have to also obtain a Conditional Use Permit and pay the fee. She noted that the program is staffed Incally by volunteers, and explained the type of clients accepted into the program, Ms. Hajny stated Interfaith Hospitality is attempting to address the problem of homelessness, and asked that the Council adopt the least restrictive method of allowing their program to go forward. Site stated that in other cities, no action of the Council was needed. Councilmembers asked why some Planning Commissioners felt a C:!mCitional Use Permit was needed Director Dillerud stated there was some concern over the definition of "Place of Worship" being exceedingly broad thereby opening the door for unintended purposes. Dale E. Beihoffer, 18510 6th Avenue North, stated a group of people have come togctlter to address the problem of homelessness An ordinance amending the definition of residentiat shelter that limited the time period for use would be the least restrictive means of allowing the group to do their work. Director Dillerud stated that proposed ordinance was considered as an option by the Planning Commission. It would amend the definition of residential shelter by adding: "The tern also does not include a Place of Worship used for Residential Shelter purposes for non consecutive periods of one ucek or less for up to six times per calendar year." 0 0 Regular Council Meeting August 31, 1992 Page 309 Ed Albro, Planning Commissioner, stated he was one of the two dissenting Commissioners. He supports amending the definition of "Residential Shelter" as noted. He stated the urogram is run by volunteers and the cost for pursuing a Conditional Use Permit is prohibitive. He stated this is an opportunity for a problem to be addressed without burden to the taxpayers. If the City becomes aware of problems resulting from this program, the ordinance can be reconsidered. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt ORDINANCE 92-27 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZOt'+ING ORDINANCE, RELATIVE TO THE DEFINITION OF "RESIDENTIAL SHELTER" BY EXCLUDING PLACES OF WORSHIP. Motion carried on a roll call vote, five ayes ITEM 7-C PAYMENT NO 4 AND FINAL, POND BC -PI, PROJECT 016 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-517 REQUEST FOR PAYMENT NO.4 AND FINAL, POND BC -P 1 OUTLET IMPROVEMENTS, CITY PROJECT NO. 016. Motion carried on a roll call vote, five ayes. ITEM 7-1) SENIOR HOUSING CONSULTANT - HRA RECOMMENDATION Director Dillerud recommended that the Council confirm the HRA's recommendation to select Walker Management, Inc., as the consultant for the senor `•ousing project. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-518 SELECTING WALKER MANAGEMENT, INC., AS THF. CONSULTANT FOR THE SENIOR HOUSING PROJECT. Councilmember Helliwell asked why the Walker firm was recommended by the HRA. David Crain, HRA Chairperson, stated Walker 111anagemcift, Inc., was the most experienced with affordable senior housing projects. The firm offered a vanety of professional services including design, construction, and management It is proposed that Walker will manage the project for at least two yeas s after completion. He stated that Walker stood out in breadth and depth of experience Coits for services submitted from all firms were approximately three percent of the development cost. 0 0 Regular Council Meeting August 31, 1992 Page 310 Mayor Bergman stated that HRA Commissioner Ricker has been absent from a number of HRA meetings. He directed staff to prepare a letter to Commissioner Ricker to determine whether he intends to become active on the Commission. If he doesn't wish to continue on the Commission, the Council should appoint another member. Motion carried on a roll call vote, five ayes. ITEM 7-F CHARTER QUESTION ON GENERAL ELECTION BALLOT Patrick Foley, Charter Commission member, briefly described elements of the proposed Charter which has been recommended by the Plymouth Charter Commission. He stated the Commission consists of a wide variety of residents, with diverse political and interest backgrounds. He requested that the Council authorize placement of the Charter question on the General Election ballot. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-519 DIRECTING THAT THE QUESTION OF A PROPOSED CITY CHARTER BE ADDED TO THE NOVEMBER 3 GENERAL ELECTION. Councilmember Tierney stated that as a member of the Charter Commission, she commends all members for their hard work and dedication in developing the proposed charter. Motion carried on a roll call vote, four ayes; Bergman nay. Mayor Bergman stated his nay vote is in protest to the even -year local elections contained in the proposed charter. Councilmembei Vasiliou stated the Council is only placing the charter question on the November ballot The Council is not endorsing the proposed charter. ITEM 7-F S OPE OF ACTIVITIES FOR CITY BOND COUNSEL Acting M,u+Aeer Boslcs requested that this item be deferred so the Attorney can have additional time to review the scope of activities for the City's bond counsel. MOTION %%a. made hN ri,unrilmernber Vasiliou, seconded by Councilmember Edson, to defer Item 7 -Flo Septemher 14 Motion carried on a roll call vote, five nves 0 0 Regular Council Meeting August 31, 1992 Page 311 ITEM 7-G DESIGNATION OF FENCE VIEWER Acting Manager Boyles stated that the City has been requested by Tony Chen, 5606 Lawndale Lane, to designate a Fence Viewer as required by State statute. The statute requires that the fence viewer be a Councilmember. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to appoint Councilmember Joy Tierney as the City's Fence Viewer. Motion carried on a roll call vote, five ayes. Tony Chen, 5605 Lawndale Lane, supported the City's derision to appoint a Fence Viewer. ITEM 7-H MEMBERSHIP IN LMC. AMM. AND NILC Acting Manager Boyles recommended that the City Council determine whether it wishes to continue its membership in the Association of Metropolitan Municipalities (AMM), the League of Minnesota Cities (LMC), and the Metropolitan Legislative Commission (MLC). He provided the anticipated 1993 membership fees, and the date by which notification of membership cancellation must be provided. He also provided the legis'ative positions of the AMM and MLC. MOT ION was made by Mayor Bergman, seconded by Councilmember Edson, to continue membership in the LMC and MLC, and to discontinue membership in the AMM for 1993, because the fiscal legislative positions of the MLC more closely align with Plymouth's positions than those of the AMM. Councilmember Edson stated that many of the AMM and LMC positions are duplicative Also, most of the MLC member cities are experiencing population growth and issues similar to Plymouth. Councilmember Vasiliou asked the status of self insurance. Acting Manager Boyles stated former Manager Willis had discussed the issue with a number of other city managers. No further work has been done on the issue Councilmember Vasiliou requested that this issue be added to the list of pending study se,sion topics. Councilmember Nelliuell asked how the organisations d tter 0 Regular Council Meeting August 31, 1992 Page 312 Acting Manager Boyles stated the LMC has the largest number of member cities (700) and is the City's insurance provider. The AMM has 52 member cities, and the MLC has 14 member cities. The MLC has a narrower legislative platform, mostly fiscal. The AMM has a variety of legislative positions. Councilmember Tierney stated the AMM is currently undertaking a study of the Metropolitan Council. This work could prove to be very valuable to cities. Mayor Bergman stated that Maple Grove discontinued its membership in the MLC last year Councilmember Edson stated that he opposes the AMM proposal for elected members on the Metropolitan Council. He expressed concern ebout an elected body regulating local government. Councilmember Helliwell stated that transportatior issues are important for Plymouth and the AMIM has legislative positions in that area, while the MLC does not. She also considers the AMM's work with the Metropolitan Council important. Councilmember Edson stated that just because Plymouth is not a member of the AM[M in 1993, dor - not mean Plymouth won't benefit along with other cities from its efforts Councilmember Vasiliou stated eliminating this membership will allow Councilmember opportunities to take more responsibility for lobbying at the legislature on behalf of the City. MOTION carried on a roll call vote: Edson, Vasiliou, Bergman ayes; Helliwell and Tierney nays. ITEM 74 DISCONTINUE LIFE INSURANCE COVERAGE FOR COUNCILMEMBER.S Attorney Meller stated there has never been 3 legal review on the issue of Councilmembers receiving life insurance. He stated that policies for Councilmembers were placed in effect in 1986 and have been carried forward since then. Mayor Bergman stated that he had understood when he became covered under a policy that the premiums paid by the City would be paid back to the City if someone died. However, that is not the case. lie now feels this benefit is a form of compensation that citizens aren't aware of He urged the Council to cancel the policies on Councilmembers Councilmember Edson stated he specifically askec why the City purchased universal life insurance on Councilmembers, rather than Urrn insurance He was informed by the City's 0 0 Regular Council Meeting August 31, 1992 Page 313 insurance agent that universal ins: ance would be less expensive than term insurance because the City can recover cash value of the premiums paid. However, if a Councilmember were only serving a two or four year term. this would not be true. He stated this is not a financially wise investment for the City. Secondly, cash value .f the policies should have come back to the City when Cr)uncilmembers left office. MOTION was made by Co tncilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-520 CANCELING LIFE INSURANCE POLICIES ON CITY COUNCIL MEMBERS, anc directing the Finance Director to recover cash values from those policies Councilmember Vasiliou stated she was assured by the City's insurance agent that there was no cost to the City because the premiums Were re.:overed. Since the premiums have not been recovered, she feels betrayed by receiving that pre%ious information. Motion carried on a roll call vote, five ayes. ITEM 74 STUDY SESSION TOPICS AND SCHEDULE The following items were added to the list of pending study session topics. 1) Self insurance opportunities, 2) Sumek Fire Department Study, and 3) Habitat for Humanity. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to accept the report. Motion carried, tine ayes ITEM 7-L COMPE*FITIVE BIDDING POLICY Mayor Bagman stated staff has advised that the State law regarding competitive bidding has been amended to provide that only items in excess of $25,000 require competitive bidding. The previous state law and current City policy provides that competitive bidding is required for items over $15,000 He supported leaving the City policy at $15,000 and asked if this poses problems for staff. Acting Manager Boyles stated preparation of specifications is a laborious and costly task. Plymouth does not have a Purchasing Agent so each department prepares their own specifications and conducts the purchasing process. Councilmember Edson stated he favors retaining the limit at $15,000. It ensures that the City is getting the best possible prices Regular Council Meeting August 31, 1992 Page 314 Councilmember Tierney stated that the propose.i charter addresses this issue by authorizing the City Manager to make purchases without competitive bidding to the limit authorized by state law. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to retain the existing City policy of requiring competitive bidding for purchases in excess of 15,000. Motion carried, 6v2 ayes. ITEM 7-M CITY ATTORNEY BILLING PRACTICES Mayor Bergman stated he received a letter from the City Attorney relating to his billing practices. He asked the City Attorney to explain the letter. Attorney Meller stated the Council has historically had a policy that the detailed Attorney's billings are provided to the City Manager for review by Councilmembers, but that detail does not get released to the public. At a previous Council meeting, the Council directed that the Attorney provide all backup legal billings. He stated that making this information public would destroy the attomey-client privilege. Attorney Meller recommended that the Council restore the traditional practice of directing the Attorney to provide detailed billings to the City Manager, with the billings to remain with the `tanager. Councilmembers may view the information, but cannot make the detailed information public. Councilmember Tierney stated that most information contained in thr detailed billings is public information, non-public information is the exceptio-e. Shy stated that residents have a right to all of the public information contained in the detnrled billings, and the City cannot legally deny residents from seeing public information. Councilmember Tierney stated another matter that is unresolved is that the Citv Attorney has been unable to determine or remember the Councilmembers involved, the dates of the meetings, or what was discussed, for any of the discussions held between the City Attorney and Councilmembers with respect to the City Manager issue, as previously directed by the Council Councilmember Edson stated the summary information is available The Council doesn't know what actions contained on the detailed billing could res -It in future legal action. Councilmember Vasiliou stated it has always been the City's practice that the detailed billings are kept in the Manager's office and not distributed to Councilmembers. Councilmembers have had access to look at the detail if they desired. Acting Manager Boyles concurred that this has been the practice 0 0 Regular Council Meeting August 31, 1992 Page 315 Councilmember Vasiliou stated that when she started as a Councilmember, there was no detail to the legal billings. The former City Manager stated that he didn't want names to appear on the legal billings because that could dissuade Councilmembers or department heads from contacting the City Attorney on an individual basis. Councilmember Helliwell provided an example of the Holmes and Graven Law Firm bill which had been placed on the July 11, 1992, agenda. She stated the bill includes detail and was distributed publicly. Councilmember Tierney stated that for the Council to declare the attorney's detailed billing wholly non-public, could result in a lawsuit to the (. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt the procedure that the City Attorney will provide detailed legal billings to the City Manager; the detailed billings are non-public; Councilmembers can review the detailed billings at the City Center but cannot make copies of the information or disseminate it to the public in order to protect attorney-client privilege. MOTION to amend was made by Councilmember Helliwell, to seek an Attorney General's opinion on whether the detailed billings are non-public information. Motion failed for lack of a second. Councilmember Helliwell stated all Councilmembers should have equal access to the detailed billings. Councilmember Edson stated the motion will provide equal access. All Councilmembers can review the detailed billings :n the Managet s office. Councilmember t ierney stated she feels it is important to know which Councilmembers are contacting test. Attorney and the associated costs for services. Attorney Meller stated that information would ',ave to be disclosed at a properly noticed, closed meeting. Mayor Bergman stated all Council questions of the City Attorney could be routed through the Mayor. However, Councilmemhers may feel .ids is an infringement on their right to counsel with the City Attorney Councilmember I{elliwell stated she has been informed by Attorney btel!er that she could only get information from him if the majority of the Council directed him to do so Regular Council Meeting August 31, 1992 Page 316 Councilmember Vasiliou stated Councilmembers' personal attacks against Best and Flanagan and the City Attorney have gone on long enough and should end Original motion carried on a roll call vote, Edson, Vasiliou, Bergman ayes; Helliwell and Tierney nays. ITEM 7-N CITY ATTORNEY RESPONSE TO STATE AUDITOR'S FINDINGS RELATING TO CITY MANAGER ISSUE MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-521 DIRECT ING CITY ATTORNEY TO REVIEW STATE AUDITOR'S FINDINGS AND PREPARE A WRITTEN RESPONSE for City Council review. Councilmember Helliwell stated she wants her name excluded from the resolution as "the forced resignation of the City Manager was handled by three Councilmembers and the City Attomq " Coui.cilmember Tierney stated she also wants her name excluded :or the same reason. Mot'on can ied, Edson, Vasiliou, and Bergman ayes; Helliwell and Tierney abstained ITEM 7-K CITY COUNCIL INFORMATION MEMORANDUM Acting Manager Boyles reported on the following items in the Information Memorandim, City Attorney's revised letter relating to the City Manager issue and Data Practices Act, Proposed study session to discuss tax increment financing with Springsted representative; Geese control; Fire Chief selection; New employees; Resignatior, of Assistcnt Finance Director, City Manager selection process; Receipt of grant by Park Director Blank in the amount of $8,000 to assist with milfoil treatment at Parkers Lake and of $9,100 for Medicine Lake. The Council brizfly discussed the landscaping concerns on the Highway 101 retaining wall Councilmember Tierney stated that Dundee Nursery stated the existing vegetation is hardy and that street salt must be killing the plants She suggested draping the vegetation over the retaining wall. Councilmember Vasiliou stated that the City attempted to plant vegetation on the property owners' side of the retaining wall and drape the vegetation over the wall; however, the property owners would not grant the Cit; permission to do the plantings 0 0 Regular Council M-eting August 31. 1992 Page 317 The meeting was adjourned at 11:3 8 p.m. i 4C City Clerk 0 0