Loading...
HomeMy WebLinkAboutCity Council Minutes 10-05-1992MINUTES REGULAR COUNCIL MEETING OCTOBER 5, 1992 The regular meeting of the Plymouth City Council was catled to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 5, 1992. PRESENT: Mayor Bergman, Councdmer..bers Edson, Helliwell, Tierney, and Vasiliou STAFF PRESENT: Acting Cit% :Manager Boyles, Public Works Dinxtor Moore, C,)mmunity Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn. Attorney Meller, and City Clerk Rauenhorst L 1 r'T-- 'ISLI10 t Mayor Bergr:tap proclaimed October 13-24 as National Business Women's Week. ITEM 5 APPROVE AGFMA The following items were added to the agenda: 1) Discussion of proposed Mayor's Message in Plymouth News; 2) Speed limit on Northwest Blvd. from :highway 55 to County Road 9; 3) Disposition of transition advisor's vehicle; and 4) insurance for city employees. MOTION was made by Councilmentber Helliwell, seconded by Counrilmemter Tierney. to approve the agenda with the four additions listr . above. Motion carried on a roll call vote, rive ayes. Councilmember Helliwell removed Item 6-X from the Consent Agenda. MOTION was made by Councilmember rdson, seconded by CouncilmemIx.r Tierney. to adopt the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. Regular Council Meeting October 5, 1992 Page 350 TEEM 6-A APPROVAL OF MINUTES MOTION was made by Councilmember Edson, seconded by Counc-Imember Tierney, to approve the September 14 and September 21, 1992, City Council minutes. Motion carried on a roll call vote, five ayes. YY u t 1 1 1 1 1 ul 11 91. • 1 1 Yr• MOTION was made by Councilmember Edson, seconded by Councitmember Tierney, to adopt RESOLUTION 92-577 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR GOOD VALUE HOMES, INC. FOR PLYMOUTH POINTE" LOCATED AT 43RD AVENUE NORTH AND NORTHWEST BOULEVARD (92034) (RPUD 92-2). Motion carried on a roll call vote. five ales. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-578 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF ANT) RELATED TO FINAL PLAT FOR GOOD VALUE HOMES, INC. FOR "PLYMOUTH POINTE" LOCATED AT 43RD AVENUE NORTH AND NORTHWEST BOULEVARD (92034) (RPUD 92-2). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmemher Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-579 ADOPTING ASSESSMENTS, CTCV PROJECT NO. 223, SANITARY SEWER AND M ATERMAIN AREA, PARKERS LAKE NORTH STH ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting October 5, 1992 Page 351 IT -W 6-C LAUKKA-WILLIAMS PARKERS LAKE. AMENDED PUD PREL. PLAN AND CUP, AND FINAL PLAT FOR PARKERS LAKE NORTH STH ADDITION 92071) MOTION was made by Councilmember Edson, seconds d by Councilmember Tierney, to adopt RESOLUTION 92-S80 APPROVING LOT DIVISION/CONSOLIDATION FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSEC:iON OF 18TH AVENUE NORTH AND TERRACEVIEW LANE NORTH (92071). Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-581 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT CONSOLIDATION FOR LAUKKA- WILLIAMS PARKERS LAKE LOCATED SOUTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND TERRACEVIEW LANE NORTH (92071). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-582 APPROVING LOT CONSOLIDATION FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND TERRACE%TEW LANE NORTH (92071). Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Ticrney, to adopt RESOLUTION 92-583 SETTING CONDITIONS TO BE AiET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH 8TH ADDITION LOCATED SOU'T'HEAST OF THE INTERSECTION OF 18Th AVENUE NORTH AND TERRACEVIEW LANE NORTH (92071). Motion carried on a roll call vote, rive ayes. Regular Council Meeting October 5, 1902 Page 352 MnTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-584 APPROVING AMENDED PUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR LAUKKA-WELLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH ADDITION LOCATED SOUTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND TERRACEWEW LANE NORTH (92071). Motion carried on a roll call vote, five ayes. MOTION was made by Councitmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-585 APPROVING FINAL PLAT FOR LAUKKA- WILLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH 8TH ADDITION LOCATED SOUTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND TERRACEVIEW LANE NORTH (92071). Motion carried on a roll call vote, fi%e ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-586 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED TO FINAL PLAT FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKER.S LAKE NORTH 8TH ADDITION LOCATED SOUTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND rERRACEVIEW LANE NORTH (92071). Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-587 ADOPTING ASSESSMENTS, CITY PROJECT NO. 222, SANITARY SEWER AND WATERMAIN AREA, PLYMOUTH Pt)WE ADDITION. Motion carried un a roll call vote, fire ayes. 0 14 Regular Council Meeting October 5, 1992 Page 353 IT'1'.''VI 6•D UNITED POWER ASSOCIATION. LOT DIVISION, CUP, SITE PLAN AND VARIANCES FOR ELECTRIC SUBSTATION AT SOO LINE. RAILROAD AND I- 494 (92075) MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-588 APPROVING SITE PLAN FOR A SUBSTATICI.N, AND CONDITIONAL USE PERMIT FOR UNITED POWER ASSOCIATION LOCATED AT THE SOUTWEST INTERSECTION OF THE SOO LINE RAILROAD AND INTERSTATE HIGHWAY 494 (92075). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-589 APPROVING LOT DIVISION FOR UNITED POWER ASSOCIATION FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF THE SOO LINE RAILROAD AND INTERSTATE HIGHWAY 494 (92075). Motion carried on a roll call vote, five syez. MOTION was made by Councilmember Filson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-S90 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF kND RELATED TO LOT DIVISION/CONSOLIDATION FOR UNITED POWER ASSOCIATION (92075). Motion carried on a roll call vote, rive ayes. ITF i 6-E A i POPPELAARS FINAL PLAT D1E:VELOPNIENf CONTRACT, ZONING ORDINANf:S VARIANCES FOR PONDEROSA WOO DS_2ND ADDITION 92 MOTION was made by Councilmember Edson, seconded by Councilmember Tiemey, to adopt RESOLUTION 92-591 APPROVING FINAL PLAT k`OR A.J. POPPELAARS FOR PROPERTY LOCATED NORTHWEST OF 18TH AVENUE NORTH AND FORESTVIEW LANE (92076). Motion carried on a roll call vote, five ayes. 0 0 Regular Council Meeting October 5, 1992 Page 354 MOTION was made by Councitmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-592 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT AND ZONING ORDINANCE VARIANCE FOR A.J. POPPELAARS FOR PONDEROSA WOODS 2ND ADDITION (92076). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-593 ADOPTING ASSESSMENTS, CITY PROJECT NO. 224, WATERMAIN AREA - PONDEROSA WOODS 2ND ADDITION. Motion carried on a roll call vote, rive ayes. SNI b -F PAN -0 -GOLD BAKING C011iPANY, SITE PLAN AMENDIIF.NT AND VARIANCE (920781 MOTION was made by Councilmember Edson, seconded by Councitmember Tierney, to adopt RESOLUTION 92-594 APPROVING SITE PLAN AMENDMENT AND VARIANCE FOR PAN -O -GOLD BAKING COMPANY (92078). Motion carried on a roll call vote, five ayes. TERRA,CENWW LANE NORTH j9M MOTION was made by Councilmember Edson, seconded by Councilmember Tierney. to adopt RESOLUTION 92-595 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR RONALD AND IREN—E CORBETT LOCATED AT 4060 TERRACEVIEW LANE NORTH (92083). Motion carried on a roll call vote, five ayes. 0 0 Regular Council Meeting October 5, 1992 Page 355 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-596 APPROVING CONDITIONAL USE PERMIT FOR JEROME BEGIN/BARB DEMARS FOR OUTSIDE STORAGE AND DISPLAY OF NEW AUTOMOBILES LOCATED AT 3900 VINEWOOD LANE NORTH (92085). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-547 APPROVING LOT DIVISION FOR GEORGE HENSERSKY FOR PROPERTY WCATED AT 225 ZINNIA LANE NORTH 92088). Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-598 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR GEORGE HENSERSKY FOR PROPERTY LOCATED IN CARLSON CENTER 6111 ADDITION AT 225 ZINNIA LANE NORTH (92088). Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by CouncHmember Tierney, to adopt RESOLUTION 92-599 AL"MORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR PRIMNEW HORIZON I PARTNERSHIP FOR NEW HORIZONS DAY CARE CENTER LOCATED AT 10305 6TH AVENUE NORTH (88117). Motion carried on a roll call vote, rive oyes. 0 0 Regular Council :Meeting October 5, 1992 Page 356 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-600 AUTHORIZING RELEASE OF SITE PERFOR,'11ANCE GUARANTEE FOR CSM CORPORATION FOR BASS LAKE HILLS TOWNHOMES FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF I494 AND COUNTY ROAD 47 (88060). Motion carried on a roll call vote. rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-601 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR WILLOW CREEK PARTNERS I AND H FOR THE WILLOW CREEK APARTMENTS LOCATED AT 135 AND 235 NATHAN LANE NOR -all (90073). Motion carried on a roll call vote, rive ayes. ITEM 6-9 RELEASE OF TREE PRESERVATION GVARA\TEES MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-602 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR SHERWOOD PERL FOR PARKERS WOODS LOCATED NORTHEAST OF KINGSVIEW LANE AND THE LUCE LINE TRAM. (91037). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-603 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR VICKI SISKIN FOR TREE PRESERVATION FOR PROPERTY LOCATED AT THE NORTH SIDE OF SUNSET TRAIL, WEST OF DEERWOOD LANE NORTH (92020). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconazd by Councilmember Tierney to adopt RESOLUTION 9A -4A4 AUTHORIZING REI.r:ASE OF SITE PERFORMANCE GUARANTEE FOR GOOD VALUE HOMES FOR TREE PRESERVATION FOR PLYMOUTH POINTE LOCATED AT 43RD AVENUE NORTU AND NORTHWEST BO11XVARD (92034). Motion carried on a roll call vote, five ayes. Regular Council Meeting October 5, 1992 Page 357 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt ORDINANCE 92-29 RELATING TO PUBLIC HEALTH AND SAFETY PERTAINING TO PLUMBING PERMIT FEES, AND AMENDING SECTION 1015.13 OF TBE PLYMOUTH CITY CODE. Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-605 APPROVING GASOLINE SERVICE STATION LICENSE FOR CONOCO #230459 12650 COUNTY ROAD 10. Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 9244 SETTING PUBLIC HEARING ON OFF -SALE 3.2 LIQUOR LICENSE .kPPLICATION OF KAYO OIL COMPANY. Motion carried on a roll call vote, rive ayes. T Elio=1 "T117.1 ' 1 it ILI.I I.I.I V-fl-Llfil 1 i._ ! _t J31If)elI MOTION was made by Councilmember Edsor, seconded by Councilmember Tierney, to adopt RESOLUTION 92407 GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE REVENUE BONDS. SERIES 1992, (GROUP HEALTH PLAN, INC. PROJECT). Motion carried on a roll call vote Ove ayes. Regular Council Meeting October S, 1992 Page 358 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-608 ADOPTING AMENDED POLICY FOR SPECIAL ASSESSMENT DEFERMENT FOR HOMESTEAD PROPERTY OWNED BY SENIOR CITIZENS AND DISABLED PEOPLE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney. to adopt RESOLUTION 92-609 APPROVING CHANGE ORDER NO. 4, CITY CENTER EXPANSION PUBLIC SAFETY BUHAING, CITY PROJECT NO. 017. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmembei Tierney, to adopt RESOLUTION 92-610 REDUCING DEVELOPMENT BOND, BOULDER RIDGE 2ND ADDITION (91010). Moticn carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLD PION 92-611 REDUCING DEVELOPMENT BOND, HAWTHORNE PLACE ADDITION (911006). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney. to adopt RESOLUTION 92-612 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM ADD7110N. (90028). Motion carried on a roll call vote, Irv. ayes. e Regular Council Meeting October 5, 1992 Page 359 MOTION was made by Councitmember Filson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-613 REDUCING DEVELOPMENT BOND, HOLLY CREEK ADDITION (91106). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councitmember Tierney, to adopt RESOLUTION 92-614 REDUCING DEVELOPMENT BOND, WES1`WOOD RIDGE ADDITION (85108). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-615 ESTABLISHING PUBLIC HEARLNG, FINAL LAYOUT, SAFETY IMPROVEMENT PROJECT, HIGHWAY 55 FROM FERNBROOK LANE TO 18TH AVENUE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-616 REQUEST FOR PAYMENT NO. 14, PLYMOUTH MAINTENANCE, BUILDING EXPANSION, CITY PROJECT NO. 099. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-617 AWARDING BID, DEEP WELL NO. 11, CITY PROJECT NO. 909. Motion carried on a roll call vote, rive aycs. 0 0 Regular Council ;Meeting October 5, 1992 Page 360 ITEM 6-V i0IN'f USAGE AGREEMENT FOR SANITARY SEWER AND WATER FACILITIES WITH THE CITV OF MEDINA MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-618 AGREEMENT FOR JOINT USAGE SANITARY SEWER AND WATER FACILITIES, CITY OF PLYMOUTH AND CITY OF MEDINA. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-619 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STRz'ET LIGHTING - BOULDER RIDGE 2ND ADDITION. Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, Seco Ided by Councilmember Tierney, to adopt RESOLUTION 92-620 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, BOULDER RIDGE 2ND ADDITION. Motion carried on a roll call vote, five ayes. MOTION vvaa made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-621 DECLARING ADEQU kCY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - HOLLY CREEK ADDITION. Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-622 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, HOLLY CREEK ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting October 5, 1592 Page 361 M01'ION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-623 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - HARBOR WOODS ADDITION. Motion carried on a toll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-624 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, HARBOR WOODS ADDITION. Motion carried on a roll call vote, five ayes. Councilmember Helliwell asked the developer of Plymouth Busin:ss Center 6th Addition to comment on the proposed mitigation plan. Linda Fisher, Larkin, Hoffman, Da;y, and Lindgren Ltd., introduced Ron Peterson of Summit Envirosolutions to comment on the proposal plan. Air. Paterson described tate method used for filing and draining of the wetland. He stated that 1.08 acres will be filled on the west fringe of the north wetland and 0.56 acres on the west end of the south wetland. The Mitigation Plan will replace the portions of wetland filled by creating two new wetlands for a total of 2.09 acres or a ratio of 1.12 to 1. He stated that the existing wetlands are substantially degraded, particularly those on the south end of the property. He believes the wetlands created as mitigation will be as good or better than the existing wetlands. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-625 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR PLYMOUTH BUSPVESS CENTER 6TH ADDITION. Motion carried on a roll call vote, fire ayes. 0 0 Regular Council Meeting October 5, 1992 Page 362 ITEM 6-Y SET HEARING ON VACATION OF EASEMEM IN PARKERS LAKE NORTH 3RD ADDITION MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-626 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION CY DRAINAGE AND UTHdTY EASEMENTS, LOTS 3 AND 4, BLOCK 39 AND A PORTION OF OUTLOT A, PARKERS LAKE NORTH 3RD ADDITION. Motion carried on a roll call vote, rive ayes. 51 W..1 1 I 1 1 LE, ! ri l l 1 I MOTION was made by Councilmember Filson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-627 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, WESTON LAKE AREA DRAINAGE PAPROVEN ENTS, CITY PROJECT NO. 130. Motion carried on a roll call vote, rive ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-628 APPROVING CHANGE ORDER NO. 19 BRIDLEWOOD FARM 2ND ADDITION IMIPROVENNNN, CITY PROJECT NO. 206. Motion carried on a roll call vote, five ayes. BBAPPROVE "ALL -WAX" STOP SIGNS AT FER,'TBROOK LANE. AND HARBOR LANE MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-629 INSTALLATION OF STOP SIGNS. Motion carried on a roll call vote, five ayes. 0 Regular Council Meeting October 5, 1992 Page 363 ITEM 6 -CC SET IMPROVEMENT BEARING FOR ADDITIONAL PROPERTIES FOR PROJECT NO. 010 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92-630 CALLING FOR HEARING ON IMPROVEMENTS, I1EEDINA ROAD STREET AND UTHJTIES, ADDITIONAL PROPERTIES, CITY PROJECT NO. 010. Motion carried on a roll Cali vote, five ayes. 1 13W py I6BL1 /flu I DQ0 1. " I 1 VURIM MOTION was made by Councilmember & son, seconded by Councilmember Tierney, to adopt RESOLUTION 92-631 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, MEDINA ROAD STREET AND UTILITIES, CITY PROJECT NO. 010. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 92.632 FOR HEARING ON PROPOSED ASSESSMENT, MEDINA ROAD - STREET AND UTILITIES, CITY PROJECT NO. 010. Motion carried on a roll call vote, five ayes. Finance Director Hahn presented the list of 1992 delinquent monthly water, sewer, recycling, and street lighting service charges, 1992 unpaid annual street lighting for unimproved parcels, and 1992 unpaid annual recycling fees. Mayor Bergman opened the assessment hearing at 7:12 p.m. Lillian Maunu, 5930 Lawndnle Lane, objected to her proposed assessment for annual recycling. She stated that recycling should be voluntary and no fee should be charged. She stated her bill also refers to a strut lighting fix:. Vern Peterson, an abutting neighbor, also objected to the recy- ling and street lighting fee%. Regular Council Meeting October 5, 1992 Page 364 Acting Manager Boyles stated the annual recycling fee of $ l2 is charged to individuals who am not connected to City sewer and water service. Other individuals in the community are charged $1 per month on their monthly sewer and water bill. Ms. Maunu stated her charge is $18.20; not $12.00. Finance Director Hahn stated her original fee was $12. An interest charge has been added, along with a $5 charge for processing the assessment. Ms. Maunu has the option of avoiding the $5 charge if the bill is paid within 30 days. Public Works Director Moore explained that legislation mandates recycling in the state. The recycling fee is charged to fund the City's 20 percent portion of the recycling program. Eighty percent of the program is funded by Hennepin County. He also clarified that Ms. Maunu is not charged for street lighting. Mayor Bergman closed the hearing at 7:21 p.m. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-633 ADOPTING ASSESSMENTS, 1992 DELINQUENT MONTHLY WATER, SEWER, RECYCLING, AND STREET LIGHTING SERVICE CHARGES. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-641 ADOPTING ASSESSMENTS, 1992 UNPAID ANNUAL RECYCLING FEES. Motion carried on a roll call vote, five ayes. MOTION eras made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-642 ADOPTING ASSESSMENTS, 1992 UNPAID ANNUAL STREET LIGHTING FOR UNE"ROVED PARCELS. Motion carried on a roll call vote, rive ayes. DK_9J1 ' ISI 0 7 Finance Director Hahn presented the list of delinquent fire alarm permit fees. Mayor Bergman opened the assessment hearing at 7:23 p.m. n 0 Regular Council Meeting October 5, 1992 Page 365 Randy Zejdlik, representing Parkside Apartments, stated their property is platted asthreeseparatelots. He asked that staff provide him with verification that ParksideApartmentsreceivedthreefreefalsealarmsduring1992, as allowed under the City Code. Mr. Zejdlik questioned the fairness of allowing multi -family building to have only ene free false alarm in a year, which is the same a single family dwelling would be allowed. The PLblic Safety Department will provide Mr. Zejdlik with the requested information. Acting Manager Boyles explained the false alann ordinance, and stated that it has'3mneffectiveinreducingthenumberoffalsealarmsintheCity. This is very important since each initial fire run costs the City approximately $700. A reduction in the number of false alarms benefits the City from a financial and psychological perspective. When a response is made, it is more likely to be a real fire rather than continuai false alanns to the same address. Mayor Bergman closed the hearing at 7:27 p.m. MOTION was mare by Councilmember Tierney, seconded by CounrilmemherVasiliou, to adopt RESOLUTION 92-634 ADOPTING ASSESSMENTS, PAST DUE FIRE ALARM PERMIT FEES' Motion carried on a roll call vote, five ayes. 0! 'gym ' iaw A Public Works Director Moore preserved the :tal- report on the propo%ed vacation of Wagner Avenue within Medicine Lake Park Third Division. Mayor B;rgtnan opened the public hearing at 7:29 p.m. No one appeared, and the hearing was closed :it 7:29 P.M. MOTION was made by Counc'lmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-635 AUTHORIZING THE VACATION OF ASTREETRIGHTOFWAYWITHINMEDICINELAKEPARKTHIRD DIVISION. Motion carried cm a roll call vole, five ayes. Regular Council Meeting October 5, 1992 Page 366 ITEM 8-A BATON CORP RPUD CONCEPT PLAN AMENDMENT FOR MISSION RPUD (92082) Community Development Director Dillerud stated the Planning Commission recommended approval of an Amended Concept Plan for the portion of the Mission PUD lying south of 41st Avenue North that remains undeveloped. The proposal by Baton Corporation is to substitute single family detached lots (10) and twinhomes (18), a total of 28 units, for the previously approved concept of 103 condominium and townhouse units. The concept also modifies the previously approved roadway configuration by bringing the public street further south into the site than was previously approved. In addition to the staff recommended conditions, the Planning Commission recommended that the southerly portion of the site (Outlot A of Mission Ridge Addition ) be retained as open space only; and the three proposed lots on the cul-de-sac be deleted. They also recommended this open space be ultimately dedicated to either one of the adjoining homeowners associations or the Hennepin County Park District, exclusive of the portion of the outlet that would be deeded to adjoining property owners as part of the Concept Plan or used for trail corridor. The Commission recommended that the PUD P iliminary Plat and Plan specify maximum structure encroachment into the wooded area on the east side of the site on a site -by -site basis and that setback standard of the Zoning Ordinance be specifically considered to minimize the amount of encroachment on that setback area. Another recommended condition is that the unit count that is "lost" as a result of approval of this Concept Plan (from 103 to 28) not be transferred to any other undeveloped portion of the PUD. Director Dillerud slated that many adjoining prop-Irty owners to the east spoke at the Planning Commission public hearing. Major issues addressed by those speaking in opposition to the Concept Plan Amendment included: 1) The proposed Concept Plan would result in ground coverage exceeding that o!' the approved Concept Plan; 2) The proposed Concept Plan contemplates .3 public street extended further south on the site than the approved Concept Plan, thereby resulting in additional environmental encroachment; 3) The proposed Concept Plan may result in structure encroachments to the east property line of a greater degree than the appn,ved Concept Plan; and 4) The proposed Concept Plan is generally less responsive to the significant environmental characteristics of the site than the previously app-oved Plan. Richard Zejdlik, representing Baton Corporation, described the style of housing and number of units propaeed under the Amended Concept Phan. He stated no objection to the conditions recommended in the staff report, or added by the Planning Commission. 0 Regular Council Meeting October 5, 1992 Page 367 Councilmember Vasiliou asked if thy. developer intends to address the existing parking problem along Jonquil Lane which rt ults from an insufficient parking area for the apartments. Mr. Zejdlik stated construction of an additional parking lot to serve the apartments is proposed, but not in conjunction with this development. Councilmember Vasiliou stated that various homeownur associations have contacted Councilmembers and indicated they do not want the maintenance or liability associated with outlots deeded to homeowner associations. She asked if there are other possible uses for the Outlot area, rather than deeding it to the homeowner association. She also noted that the proposed trail could be very steep. Mr. Zejdlik stated the Concept Plan Amendment presenter) to the Planning Commission had three homes on the area which reduced the size of the Outlot. The Planning Commission recommended that the three units be deleted frim the plan and that the developer begin di!,eussions with Hennepin County Parks for possible acquisition of the Outlot area. Mr. Zejdlik stated he is flexible as to the disposition of Outlot A, as long as it does not delay the development. Councilmember Helliwell asked Mr. ?ejdtik if he would be willing to discuss disposition of the entire site parcel to Hennepin County Parks. Mr. Zejdlik stated that he would be witting to sell the property to Hennepin County Parks if they made the right offer. However, he has been informed that it could take months before they could consider it, slid he does not want that to delay his project. Bob Donley, 11740 38th Avenue North, reviewed the PUD guidelines that pertain to the propo!al and compared the plan prop )sed in 1991 which was denied with the current Amended Concept Plan proposal. He stated the neighborhood feels the current proposal is basically the same design as fte 1991 proposal, with only a substitution in housing type. IIe stated the proposal would result in a loss of open space and trees. He said the proposai lacks creative design which is needed for this environmentally sensitive site. Mr. Donley stated the density is excessive and the single family lots that would abut Mission Ridge are too small. Also, the proposed street location is excessively destructive to the site. He stated there nods to be more information about how the development would affect the wetlands, street alternatives including location and type, and effect on the water quality. He requested that the Council defer action on the requested Amendment and that the Concept Plan be included with the Preliminary Plat/Plan for this development. He stated the remaining two parcels of undeveloped property in this PUD should be included in the Concept Plan, and impacts of the development on the environment should be understood before the Amended Concept Plan is approved. 0 Regular Council Meeting October 5, 1992 Page 368 Chuck Lymangood, 11780 40th Place North, stated that the Hennt;pin County Park Board has an interest in obtaining the property; however, it is unlikely that they have the funds to purchase it at this time. He stated that at the Planning Commission meeting, it was noted that some individuals may be able to raise funds to purchase the property from Baton Corporation and then deed it to the Hennepin County Parks. Mr. Zejdlik responded to several comments made by the property owners. He stated there are 246 mature trees shown on the tree survey conducted by Sathre-Bergquist at his request. The outlot contains 72 trees which would not be damaged. Only 65 trees would be lost under the Amended Plan, and that is the worst case scenario - the number could be significantly less. He stated the lot sizes in the Amended Plan are on average larger than the existing single family lots, and a corresponding reduction in the number of vehicles will be realized with the reduction in housing units. Councilmember Tierney questioned the effect on the natural ravine, and asked whether an additional access at 36th Avenue would avoid the necessity of a road crossing the ravine. Mr. Zejdlik stated it is not his intent to destroy the natural ravine. His engineers will resolve the ravine issue at the preliminary platting process. Councilmember Edson stated that an access at 36th Avenue would require destruction of a substantial number of trees. He suggested that it may be appropriate for the Counci! to draw a line beyond which all trees would be protected. Director Dillerud stated the Planning Commission had the sam-. concern for r twining the trees and, therefore, recommended that the setbacks be aralyzed on a site by site basis in orcer to save as many trees as possible. He stated that another option the Council may wish to consider is requiring that a covenant be recorded on each parcel prohibiting mmoval of trees beyond a certain area. That covenant would be binding on future owners of the property; not only the developer. Such a condition could be considered at tite preliminary plat stage. This was done for the Harstad d?velopment which the Coun-Al rrcenVy approved. Courcilmembcr Edson stated he would favor these efforts to save trees. Mayor Bergman st-ted lie would like to see an erosion fence erected beyond which no heavy equipment would operate. Mr. Zejdlik stated he had no objection to that. There would only be two lots where this might not work. 0 0 Regular Council Meeting October 5, 1992 Page 369 Mayor Bergman responded that the developer could designate those lots in the preliminary plat. Marlyn Sjaards, 11720 38th Avenue North, requested clarification of whether 10 cr 11 single family lots are proposed. Director Ddlerud stated the Amended Concept Plan shows 10 single family lots. Councilmember Helliwell stated that several property owners have expressed intertst in privately raising the money to purchase the entire site ra then deed it to Hennepin County Parks. She suggested that this Amended Con.. -pt Plan be deferred to the next meeting in order to allow time for discussions to occur. MOTION was made by Helliwell, seconded by Tierney, to defer this item to the matt meeting and to ask Mr. Zejdlik to forward a letter to Hennepin County Parks indicating his willingness to sell the property to them if a sufficient Erica is offennd. Mayor Bergman stated the preliminary plat requires a 4/5 vote. He believes the issue,, of concern can adequately be addressed at that stage, and the neighbors and the Hennepin County Park Board will have snffrcient time to consider p,irchase while the developer is designing the preliminary plat. Cinrncilmember Helliwell stated that if the Council approves the Amended Concept Plan, the Hennepin County Park Board may think that the opportunity for purchase of the property is gone. Councilmember Tierney stated she still has concerns about the effects on the ravine, even at the Concept Plan stage. Mr. Zejdlik stated he would attend a meeting with the Hennepin Parks Boar; if they contacted him to do so. He stated the ravine will be addressed i r the preliminary plat. The Council further discussed the ravine and the possible trail routes. Councilmember Vasiliuu r: erenced a copy of a letter to the City from the Hennepin County Palts. She stated the letter indicates that the homeowner association requested that the issue of the property purchase be placed on the Budget and Finance Committee agenda. Councilmember Edson did not favor a deferral. He stated the developer should be allowed to move forward, particularly since the neighbors and Hennepin County Park Board can continue discussions. 0 0 Regular Council Meeting October S, 1992 Page 370 Ll 0 . Motion to defer failed, Helliwell aye; four nays. MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt ESOLVTION 92-636 APPROVLNG AME DIM RESIDENTIAL PI ANNED UNTf DEVELOPMENT CONCEPT' PLAN FOR BATON CORPORATION i'OR MISSION RPUD (92082) (RPUD 76.1), with the additional conditions that 1) Che PUD Prwliminary Plan shall Include detailed drawings and plans addressing the rrossing of the ravine area by the roadway; and 2) Placement and design of the public trail shall focus on minimizing loss of existing trees. Motion carried, four ayes, Helliwell nay. Coun:ilmember Vasiliou requested that Mr. Zejdlik maintain an open dialogue with the neighbors whale designing the proposed preliminary plat. Mr. Zeidlik invited Mr. Donley to visit his office on a weekly basis to check the progress of the proposed project. Acting Manager Boyles recommended ratification of the 1992-1994 Labor Agreement with L.E.L.S. representing Plymouth police officers and investigators. MOTION was made by Councilmember Vasiliou, seconded by Councihnumber Edson, to adopt RESOLUTION 92-637 AmMOVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCF.NMNT LABOR CERVICES, INC., LOCAL 18, JANUARY 11 1991 THROTTGIl DECEMBER 31, 1994. Moon carried on a roll call vote, five ayes Councilmember Vasiliou requested that the Public Safety Dirnmtor thank employees for working on the process. t't'F118-C AU'!'HORME ATMMY 1Q WALMEttnT nQ2 EQR.RIGHT" OF -WAY ACOUISTTION Acting Manager Boyles stated the transition advi :nr has completed negotiations with Steven B. Hoyt, President of Hoyt Properties, Inc., with respect to the City's 0 Regular Council Meering October 5, 1992 Pat a 371 acquisition of prolk rty required for the future interchange at I-494 and Schmidt Lake Road. Mr. Hoyt was present to answer questions. MORON was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-638 AUTHORIZING THE ACQUISITION OF 11.92 ACRES OF PROPERTY FOR RIGHT-OF-WAY FOR I494/SCHl11IDT LAKE ROAD INTERCHANGE, with funds authorized from tax increment financing accounts to fund this acquisition. Motion carried on a roll call vote, four ayes; Helliwell nay. LTEM D NATURAL PRESERVE AT 4130 ORCHID LAM Acting Manager Boyles presented the staff report on the request of Douglas Stark for designation of Natural Preserve at 4130 Orchid Lane North. He stated that the property owner would be required to eradicate all forms of noxious weeds from the property in accordance with state law. MOTION was made by Mayor Bergman, seconded by Councilmember Ticrney, to adopt RESOLUTION 92-639 DECLARING A NATURAL PRESERVE PURSUANT TO PLYMOUTH CITY CODE SECTION 810. Motion carried on a roll call vote, five ayes. ITEM 8-E FINAL PAYMENT, 1991 TRAU.4 PROJECTS, P OJECT 112 MOTION was made by CouncilmCmber Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-640 AUTHORIZING FINAL PAY NM TO BARBER CONSTRUCTION FOR THE 1991 TRAIL PROJECTS. Motion carried on a roll call vote, five ayes. Ti.$`. _ POI,ICY_ll&% - ARDING CO1iPOSTING ORDIIVAKh ntiblic Works Director Moore stated staff has received several %omplaints reg.trding composting relating to odors, location, and unsightliness. The City has no specific ordinance to regulate composting and it is difficult to regulate composting under the nuisance ordinance. He asked the Council to consider whether an ordinance should he drafted for consideration to regulate composting and what criteria should be specified. 0 Regular Council Meeting October 5, 1992 Page 372 Mayor Bergman stated he also has received phone calls relating to composting. The complaints usually relate to a resident putting the material in an uncontained area immediately adjacent to the neighbors yard. He suggested the Council should be proactive and establish regulations now since grass clippings will not be accepted at the yard waste site in 1993. Director Moore suggested that the Council conduct an informational meeting on a proposed ordinance. Councilmember Edson stated the ordinance should include regulation on containment including design of the container), location, materials, and maintenance. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to direct staff to draft an ordinance for consideration and establish a public information meeting before the City Council. The date of the information meeting should be published in the Plymouth News_ Motion carried, five ayes. Mayor Bergman provided a proposed Mayor's Message for the upcoming Plymouth Nr vim. He stated the article is intended to relay to the citizens all facts relating to the City Manager issue. Councilmember Vasiliou stated it would be appropriate to wait to run the article until, everything is resolved. She suggested a final recap of the issue, ;including exactly what th; City paid. Councilmember Tierney stated the proposed message is too political at this point and there are still unresolved issues. Councilmember Edson supported reporting all the facts in one article after the issue is final. Councilmember Vasiliou stated that a number of residents have expressed surprise that the State Auditor's report includes the cost of recruitment to till the City Manager position. She stated this is an expense that would have occurred had the h:anager left for any "son. It is a regular part of doing husiness and should not have been included as an extraonlinary expense. Regular Council Meeting October 5, 1992 Page 373 Councilmembe: Helliwell stated it was appropriate to include the cost in the report because.:t would not have been sustained if the City Manager were still employed at Plymouth. Mayor Bergman stated he will wait to run the Mayor's Message until the issues are final, and asked Councilmembers to contact him if they desired changes to the draft article. TRANSITION ADVISOR - VEHICLE Councilmember Vasiliou stated she was informed that major damage was sustained to the transition advisor's vehicle due to a recent fire. She is not aware of the condition of the vehicle, or whether the City is obliged under contract to replace it. She stated that residents have expressed a high level of anger about the type of vehicle driven by the transition advisor and former City Manager - a Chrysler Imperial. She stated the City Manager's 1989 contract indicated that the City Manager would receive an automobile every three years or 45,000 miles. The Council was not made aware when the vehicle was replaced. Councilmember Vasiliou stated that if it is determined by the City Attorney that the City is obliged to replace the vehicle, she would like it to be a much more modest vehicle, or at least have the issue put to a vote by the Council. Mayor Bergman clarified that the Imperial was not purchased as a new car. The City buys many staff vehicles and fleet purchases are made for cost savings. He suggested that the City Attorney research the contract to detennire what the City's responsibility is with respect to providing., vehicle so the Council can make an informed decision. Councilmember Vasiliou stated she doesn't cart: what the price of the Imperial was - it is not an appropriate vehicle to have purchased with tax dollars. If the City is obliged to replace it, she wants a more modest vehicle. Councdnw.,rber Vasiliou stated that she had asked for two separate resolutions when considering the City Manager issue: one to accept his resignation and another to accept the severance package. However, the action was taken in one resolution. Councamemher Tierney s'.ated that the vehicle replacement is a legal issue that should be handled by the City Attorney; not the Council. The Attorney should research and interpret the contract. Councilmember Helliwell agreed that the issue should be resolved by the attorneys; it is a legal issue relating to the contract, not a policy issue for the Council at this point. 0 E Regular Council Meeting October 5, 1992 Page 374 Councilmember Vasiliou stated the 1989 contract did not specify the type of vehicle to be provided to the Manager, and it would not be inappropriate to address the type of vehicle to be provided, if the determination is made that the vehicle must be replaced. The Council directed the City Attorney to report on the status of the vehicle and the options available to the Council under the contract. LIFE INSURANCE FOR SUPERVISORY EMPLOYEES Councilmember Tierney stated that since the Council has discontinued split life insurance policies to supervisory employees, the Council should consider that effect on employees along with compensation issues for 1993. Councilmember Edson concurred. He stated his philosophy is that compensation of public officials should be: 1) understood; 2) budgeted; and 3) dependent upon performance. MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to direct Acting Manager Boyles to provide the Council with a budget recommendation on employee salary adjustments needed due to the life insurance discontinuance. Motion carried, five ayes. ROAD 9 Councilmember Vasiliou stated she has received concerns from residents about the speed limit on Northwest Blvd. from Highway 55 to County Road 9. The speed limit is 40 mph south of Highway 55, and 45 mph north of Highway 55. Arra residents have suggested that a speed limit of 35 mph be considered for the segment from Highway 55 to County Road 9. Recently two rear -end collisions have occurred. She requested that staff contact Bev Kottas, neighborlitA representative, to discuss this issue. Public Works Director Moore stated this is a county road and the City does not have authority to set the speed limit. However, the Council could adopt u resolutionrequestingthecountytoundertakeaspeedstudyonNorthwestBlvd. from Highway 55 to County Road q. Regular Council Meeting October 5, 1992 Page 375 Attorr..-y Meller stated there is still an outstanding issue with respect to the former City Manager's accrued vacation and whether that is included in the statutory compensation cap for public officials. He suggested that the Council request an Attorney General's opinion on the issue and that no payment of accrued vacation be made until that opinion is received. MOTION was made by Mayor Bergman, seconded by Councitmember Vasiliou, to direct the City Attorney to request an Attorney General's opinion on the issue of the former Manager's accrued vacation and statutory provisions, and that no payment of accrued vacation be made until the opinion is received. Motion carried; Edson, Vasiliou, Bergman ayes; Helliwell and Tierney abstained. Acting Manager Boyles reported on the following items from the Council Information Memorandum: Study Session topics for October 15 and 26; Bachman's groundbreaking, South Shore Park dedication, Plymouth Development Council meeting, Public Works building open house, Letter from Attorney Meller to the StateAuditor, Letter to homeowner associations relating to the proposed Charter, Fernhnw )k Townhomes correspondence, Status of complaint regarding air conditioner at St. Phillip's Church, and a General Election update. Public Safety Director Gerdes announced that Richard Kline has been selected as the new Fire Chief, with a tentative start date of November 30. The meeting was adjourned at 10:10 p.m. e- r74. yc= - City Clerk