HomeMy WebLinkAboutCity Council Minutes 10-26-1992MINUTES
REGULAR COUNCIL MEETING
OCTOBER 26, 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 October 25, 1992.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou
STAFF PRESENT: Acting Cit) Manager Boyles, Public Works Director Moore, Community
Development Director Dillerud, Finance Director Hahn, Park and Recreation Director Blank, City
Attorney Mcller, and City Clerk Rauenhorst
ITEM 4-A PRESENTATION FROM PLYMOUTH CIVIC LEAGUE
Councilmember Helliwell presented a plaque from the Plymouth Civic League in
appreciation for the City's contributions to Music in Plymouth Mayor Bergman accepted
the plaque on behalf of the City.
ITEM 5 APPROVE AGENDA
The following items were added to the agenda: 1) Library Site Acquisition, and 2)
Housing and Redevelopment Authority (HRA) Vacancy.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
approve the agenda %%ith the two additions.
Motion carried on a roll call vote, five ayes
ITEM 6 CONSENT AGENDA
Items 6-F, 6-K-1. and 6-K-2 were removed from the Consent Agenda.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Eidson, to
adopt the Consent Agenda as amended.
Motion carried on a roll call vote, five ayes
ITEM 6-A APPROVAL OF MINITTES
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
approve the October 5, 1992. City Council minutes
Mation carried on a roll call vote, live ayes
Regular Council Meeting
October 26, 1992
Page 377
ITEM 6-B DISBURSESIENTS FOR PERIOD ENDING 9-30-92
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-643 APPROVING DISBURSEMENTS FOR THE
PERIOD ENDING SEPT. 30, 1992.
Motion carried oa a roll call vote, five ayes.
ITEM 6-C REDUCTION OF SITE PERFORMANCE GUAR LNTEES
MOTION was made by Councilmember Helliwell, seccnded by Councilmember Edsoo, to
adopt RESOLUTION 92-644 AUTHORIZING REDUCTION CSF SITE
PERFORMANCE. GUARANTEE FOR ASCENSION EVANGELICAL
LUTHERAN CRURCH LOCATED A r THE NORTHEAST CORNER OF 46: H
AVENUE NORTH AND VICKSBURG LANE NORTH (90P46).
Motion carried on a roll call rote, fi%a ay. -s,
MOTION was made by Councilmember Helliwell, seconded '.)y Councilmemher Edsen, to
adopt RESOLUTION 92-645 AUTHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR LYMAN DEVELOPMENT COMPANY
FOR PARKVIEW RIDGE 2ND ADDITION LOCATED AT rHE NORTHWEST
CORNER OF MINNESOTA LINE NORTH AND 38TH AVENUE NORTH
90060).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLU TION 92-646 AUTHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR LYMAN DEVELOPMENT COMPANA'
FOR PARKVIEW RIDGE 3RD ADDITION LOCATED AT THE NORTHWEST
CORNER OF MINNESOTA LANE NORTH AND 38TH AVENUE NORTH
90061).
Motit,n carried on a roll call vote, five ayes
MOTION was nade by Councilmember Iletliwell, seconded by Councilmember Edson, to
adopt RESOD 1TION 92-647 AUTHORIZING REDUCTION OF ;tiITE
PERFOR.VIANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE
1'011 PARKERS LAKE NORTH 6TH ADDITION LOCATED AT THE
ORTHWES': CORNER OF SHENANDOAH LANE NORTH AND 18TH
AVENUE NORTH (90066).
Nlotinn earned 7n 8 roll cal: rote, tiro avec
Regular Council Meeting
October 26, 1992
Page 378
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-648 AUTHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR SUPER VALU STORES FOR CUB
FOODS LOCATED AT THE SOUTHWEST CORNER OF 36TH AVENUE
NORTH AND VICKSBURG LANE NORTH (90057).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-649 AUTHO.2IZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR ASSOCIATION OF FREE LUTHERAN
CONGREGATIONS LOCATED AT 3110 EAST MEDICINE LAKE
BOULEVARD (91020).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Cou icilmember Edson, to
adopt RESOLUTION 92-650 AUTHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE FOR FOOD ENGINEERING CORPORATION
LOCATED AT 2765 NIAGARA LANE NORTH (91034).
Motion carried on a roll call vote, five ayes.
ITEM 6-11) RELEASE OF SITE PERFORMANCE GUARANTEE
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-651 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR CALIBER DEVELOPA1ENT
CORPORATION FOR ALPHA CENTER LOCATED AT 15800-321411) AVENUE
NORTH (90069).
Motion carried on a roll call vote, five avec
ITEM 6-E ABATEMENT OF SIGHT OBSTRUCTION, 18405 20TH AVE N
MOT [ON was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-652 AUTHORIZING ABATEMENT OF VIOLATION OF
CITV CODE SECTION 2010.01 (INTERSECTION SIGH T OBSTRUCTION) AT
18405 20TH AVENUE NORTH.
Motion carried on a roll call vote, five ayes
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Regular Council Meeting
October 26, 1992
Page 379
ITEM 6-F COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHASI
Community De, elopment Director Dillerud presented the staff report on the proposed
Comprehensive Housing Affordability Strategy (CHAS) for 1993, as recommended by the
Housing and Redevelopment Authority. He stated this is the second year the CHAS has
been prepared. This document analyzes the local circumstances, problems, and
opportunities regarding affordable housing and 1:rovides a strategy for increasing the
supply of affordable housing in the City.
MOTION was made by Councilmember Tierney, seconds d by Councilmember Edson, to
adopt RESOLUTION 92-653 APPROVAL OF COMPREHENSIVE HOUSIYG
AFFORDABILITY STRATEGY FOR YEAR XIX (1993) COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
Motion carried on a roll call vote, five ayes
ITF 16-G AMENDMENT TO PARK AND TRAIL ELEMENT OF COMPREHENSIVE
PLAN
MOTION was made by Councilmember Helliwell, seconded by Councilmember Ed! -,in, to
adopt RESOLCTION 92-654 APPROVING AMENDMENT TO THE PARK AND
TRAIL ELEMENT OF THE COMPREHENSIVE PLAN.
Motion carried on a roll cal! %ote, five ayes.
ITEM 6-H RADIOLOGICAL RESPONSE TEAM - GRANT kGREEMENT
MOTION was made by Councilmember llelliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-655 AUTHORIZING THE APPROVAL OF A GRANT
AGREEMENT AUTHORIZING THE PAR t'ICIPATION OF THE PLYMOJITII
VOLUNTEER FIRE DEPARTMENT IN RADIOLOGICAL TRAINING AND
MONITORING.
Motion carried on a roll call vote, five ayes
ITEM 6-1 REJECT BIDS AND READVERTISE FOR NW -17 PHASE II TRUNK
SANITARY IMPROVEMENTS, PROJECT 040
MOTION was made uy Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-656 REJECTING; IID AND ORDER RE -
ADVERTISEMENT FOR BIDS, NW -17 TRUNK SAN iTAXY SEWER - PHASE II,
CITI' PROJECT NO. 040.
0
0
0
Regular Council Meeting
October 2E, 1992
Page 3 80
Motion carried on a roll call vote, five ayes.
ITEM 64 REAPPROVAL OF LANCASTER VILLAGE PROJECT REFUNDING -
CHANGE IN UNDERWRITER
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-657 AUTHORIZING PLACEMENT OF THE 5377509000
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1992
LANCASTER VILLAGE APARTMENTS PROILCT) BY FBS FINANCIAL
SERVICES, INC.
Motion carried on a roll call vote, five ayes.
ITEM 6-K TRANSFER OF FUNDS
Councilmember Tierney asked if the proposed fund transfers from the P I.R. Fund are
temporary or permanent
Finance Director Hahn responded that the transfers are permanent. Additional transfers
from the P 1 R. Fund to the Street Reconstruction Fund are proposed in 1995 and 1996.
Councilmember Edsor stated the transfer to the Street Reconstruction Fund
acknowledges the fact that the City has in the past covered 70 percent of the cost of the
street reconstruction program The general levy has not been sufficient to cover that 70
percent, and this transfer will ensure that the street reconstruction program will continue.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-658 TRANSFERRING FUNDS FROM P.I.R. FUND TO
STREET RECONSTRUCTION FUND.
Motion carried on a roll call vote, five a,.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-659 TRANSFERRING FUNDS FROM THE P.I.R. FUND
TO THE PARK REPLACEMENT FUND.
Motion carried on a roll call vote, five Ives
Regular Council Meeting
October 26, 1992
Page 381
ITEM 6-L GASOLINE SERVICE STATION LICENSE, FERNBROOK-HIGHWAY 55
STATIONSTORE
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-660 APPROVING GASOLINE SERVICE STATION
LICENSE FOR H.I. ENTERPRISES, INC., 3020 FERNBROOK LANE.
Motion carried on a roll call vote, five ayes.
ITEM 6-M RECEIVE PETITIONS, ORDER AND RECEIVE ENG. REPORTS, AYD
ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-661 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING - PINE CREEK
ADDITION.
Motion carried an a roll call vote, five ayes
1OTION was made b) Councilmember llelliwell, seconded b) Councilmember Edson, to
adopt RESOLUTION 92-662 RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING, PINE CREEK ADDITION.
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-663 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING - PLYMOUTH
POINTE ADDITION.
Motion carred oa a roll call vote, rive aves.
IMOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-664 RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING, PLYMOUTH POINTE ADDITION.
Motion carried on a roll call vote, rive ayes
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-665 RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING, PORKERS WOODS ADDITION.
lotion Carried on a roll call vote, five ayes
Regular Council Meeting
October 26, 1992
Page 382
MOTION was made by Councilmember Helliwell, seconded by Councilmember Eds,n, • <,
adopt RESOLUTION 92-666 DECLARING ADEQCAC'Y OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING - P4RKER;
WOODS ADDITION.
Motion carried on a roll call vote, rive ayes
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-667 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING -
GREENWOOD PONDS ADDITION.
Motion carried on a roll call vale, five eyes
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-668 RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING, GREENWOOD PONDS ADDITION.
Motion carried on a roll call vote, five eves
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-669 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING -16TH
AVENUE NORTH AND BLACK OAKS LANE.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-670 RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING, 26TH AVENUE NORTH AND BLACK OAKS LANE.
Motion carried on a roll call vote, five ayes
ITEM 6-N DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-671 REDUf7tNG DEVELOPMENT BOND, CHURCHILL
FARMS 3RD ADDITION (92021).
Motion carried or, a roll null vote, five nves
Regular Council Meeting
October 26, 1992
Page 383
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-672 R;uDUCING DEVELOPMENT BOND, CHURCHILL
FARMS 4TH ADDITION (920-12).
Motion carried on a rol! call vote, five ayes.
MOTION was made oy Councilmember Helliwell, seconded uy Councilmember Edson, to
adopt RESOLUTION 92-673 REDUCING DEVELOPIV "NT BOND, CHURCHILL
FARMS ADDITION (90009).
Motion carried on a roll call v,)te, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-674 REDUCING DEVELOPMENT BOND, PARKERS
LAKE NOR rH 7TH ADDITION (91103).
Motion carried on a roll call vote, five ayes.
MOTION was made by Ccuncilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLD PION 92-675 REDUCING DEVELOPMENT BOND, PINE: CREEK
ADDITION (92020).
Mogan carred on a roll call ,ote, five eyes.
MOTION was made by Councilmember Helliwell, seconded by Cmincilmember Edson, to
adopt RESOLUTION 92-676 RF'DUCING DEVELOPMENT BOND. IRON
HORSE ESTATES ADM PION (1,1060).
Motion ca ricd on a roll call vote, five & as
ITEM 6-O RECEI F' PRELINIINARV EN(:• `,F'Po Wl', 1993 STREET
RECONSTRITr10N PRmR4Y— PROJE('1 1
MOTTO\ v as made!,; t'ouul dim,nher I lellmdi. seconded by Coo - c1member Edson. to
adopt RES(ILUTIG/N 92-677 It' t EIVING R''^OR r AND C WANG FOR
HEARING ON IMPROVEM FN 1 S. 1995 S r' -.N F: I ^.1 CONSTRUCTION
PROGRAM. CITY P9.OJECT NO .int.
Motion carded on a rnll e..'I trate, li\...
e*
Regular Council Meeting
October 26, 1992
Page 384
ITEM 6-P AWARDING BID, WESTON LANE AREA DRAINAGE IMPROVEMENTS,
PROJECT NO. 130
MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to
adopt RESOLUTION 92-678 AWARDING Bm, WESTON LANE AREA
DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 130.
Motion carried on a roll call vc.:e, five ayes.
ITEM 7-A KAYO OIL COMPANY - OFF -SALE 3.2 LIQUOR LICENSE
Mayor Bergman opened a public hearing at 7:15 p.m. on the off -sale 3.2 liquor license
application of Kayo Oil Company, d/b/a Conoco, 12650 County Road 10. No one
appeared for the hearing, and the hearing was closed at 7:15 p.m.
MOTION was made bpi Councilmember Helliwell, seconded by Councilmember Vasiliou,
to adopt RESOLUTION 92-679 APPROVING OFF -SALE 3.2 LIQUOR LICENSE
FOR KAYO OIL COMPANY, D/B/A CONOCO, 12650 COUNTY ROAD 10.
Motion carried on a roll call %ote, five ayes.
ITEM 7-11—PUBLIC IMPROVEMENT HEARING ON MEDINA ROAD STREET AND
UTILITY IMPROVEMENTS, PROJECI.010
Public Works Directar Moore explained that four additional properties have been added to
the Medina Road Street and Utility Improvement Project. This will spread the cos'. of the
improvement of Medina Road over a larger area which actually benefits from the
improvement
Mayor Bergman opened un improvement hearing on Medina Road Street and Utility
Improvements, Project 010, at 7.17 p m No one appeared, and the hearing was closed at
7:17 p in.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-680 ORDERING IMPROVEMENT ADDITIONAL
PROPERTIES, MEDINA ROAD STREET AND UTILITY IMPROVEMENTS,
CITY PROJECT NO. 010.
Motion carried on a roll call vote, five ayes
Regular Council Meeting
October 26, 1992
Page 385
ITEM 7-C D E ASSESSMENT HEARINGS ON PROJECTS 010, 102, AND 201
Public Works Director Moore explained the assessment procedures as contained in the
staff reports for Medina Road Street and Utilities, Projects 010; 1991 Street
Reconstruction Program Phase H, Project 102; and 1992 Street Reconstruction Program,
Project 201. He described the proposed assessment for each project, the proposed term of
assessment, and the payrient options.
Mayor Bergman described the methods by which the hearings were announced and the
procedure for the hearings.
Director Moore explained the required process to be followed by any property owner
desiring to appeal their assessment, and stated that no appeal as to the amount of an
assessment on a specific parcel may be made unless the owner has either Sled a signed
written objection to Lhat assessment with the City Clerk prior to the heanng or has
presented the written objection to the Mayor at the hearing
ITEM 7-C ASSESSMENT HEARING MEDINA ROAD STREET AND UTILITIES,
PROJECT NO. 010
Public Works Director Moore stated the City Council Assessment Committee met to
discuss the proposed assessments for Medina Road Street and Utility Improvements,
Project No 010. The current assessment policy would assess 165 feet of frontage of a
single family homesteaded parcel and Jefer any frontage over 165 feet for five years with
interest at 8 percent. The consensus of the Committee was that 165 feet of assessment
was reasonable, but that deferring the remainder of the frontage with interest should be
consieered further. Staff ic recommending for this project that on single family properties
of less than five acres which are surrounded by developed properties and have frontage
over 165 feet, that the frontage over 165 feet be deferred for five years with no interest
The City Council could re%riew the assessment at the end of fi%e years, unless the property
was developed or sold by that time He also explained the propozer; assessment method
for commercial/industrial properties.
Mayo, Bergman opened the assessment hearing on Project No. 010 at 7:28 p m
Hat eld Winterhalter, 18200 Vedina Road, asked if the four ptopenies added to the
project affects the assessment, to other properties that %%ere initially in the project area
Director Moore stated the additional project cont neither increases or decreases the
assessment proposed for NIr Winterhalter',r property
John Jordan, 18040 Medina Road. stated he h.:s lived at this address for 4b years lie
fells that Medina Road was constructed solely to a:eontmodate developers and this has
Regular Council Meeting
October 26, 1992
Page 386
resalted in a proposed assessment of over $100,000 to his property. lie stated his entire
parcel is less than five acres and this assessment may make his property unsalable.
Director Moore explained that approximately $83,000 of Mr. Jordan's assessment is
proposed to be deferred for five years a: 3 percent interest. He stated that Mr. Jordan's
property has Nen benefited by the improvemPuts. His land value will increase because of
the availability of urban services The deferral provides the property owner time to
consider options, including whether to develop or sell the property. Mr. Winterhalter's
property value will probably also benefit from the limited amount of developable land
remaining inside the MUSA.
Councilmember Vasiliou stated that because Mr. Winterhdlt,:r's parcel is less than five
acres, she would favor a deferred zssessment at no interest.
The Council further discussed the proposed assessments and the City's assessment policy.
Councilmember Helliwell stated that the Citv Council is attempting to ensure that
development occurs in an orderly manner However, in this case M. Jnrdan has indicated
he is not interested in developing or selling his property. She believes this assessment
could eventually require Mr. Jordan to sell his home
Councilmember Vasiliou stated that adjacent property owners and developers also have
the right to develop their properties.
Mr. Winterhalter asked if the adjacent property to his west is being assessed.
Director Moore stated that property is outside of the urban service aria. When the
MUSA boundary is amended and the property is allowed to be developed, that property
would be assessed.
Mayor Bergman closed the assessment hearing at 8 00 p m,
MOTION was made by Councilmen ber Vasiliou, seconded by Councilmember T;erney, to
defer the proposed assessments to November 2
Motion carried, five aNes
Written objections to the assessments were received from Peace Lutheran Church and
John Jordun.
u
Regular Council Meeting
October 26, 19c,2
Page 387
ITEM 7-D ASSESSMENT HEARING, 1991 STREET RECONSTRUCTION PROGRAM
PHASE U. PROJECT 102
Public Works Director introduced Sr. Engineering Tech. Dan Campbell who presented
slides of the project area, before and after the improvements.
Director Moore described the improvements and the proposed assessment area, and stated
that the assessment rates have not changed from the initial proposal He explained that the
assessment formula proposed or multi -family units takes into account the typical square
footage of a single family parcel, as well as a traffic factor.
Mayor Bergman opened the assessment hearing 3n the 1991 Street Reconstruction
Program Phase 11 at 8:10 p m.
John C. Larkin, 35 Nathan Lane #221, objected to his proposed assessment. He stated the
mailed assessment notice is unclear and should be amenled. Mr. Lark -;n stated that the
improvements done on Nathan Lane should be assessed separately from the remainder of
the project. He stated Nathan Lane residents paid for street and curb and gutter
improvements when the street was initially constructed The u;e of Nathan Lane by
construction vehicles working on the 1-394 project has caused some damage to the stree,,
however, he stated the street damage was not sufficient to warrant the improvements that
were done. Mr. Larkin stated that the total cost of the work done on the Nathan Lane
portion is $157,898, but the amount proposed to be assessed to that area is 3168,000. He
questioned how the City is paying 70 percent of the project cos: per the City's Street
Recunstructien Program, when he believes those residents are paying more than 100
percent of the improvement cost Mr. Larkin stated that the Nathan Lane residents r:rould
pay .10 percent of the project cost for their area improvements only, which equa!,:s to
about $47,00.0
Director Moore stated a different amount of work was required abutting each property
That is why the City established a uniform rate for the entire project area
Councilmembef Vasiliou stated this street is only about 15 years old anJ has had heavy
use From serving as a link between 1-394 and Highway 169 It is not a normal residential
street Site belie%eq a 15 -year old street should not require that amour ; of reconstruction.
Mayor Bergman stated the street was initially constructed before the <ite-by-site
corstruction standards were used. Residents will only be paying 30 percent of the
reconstruction cost and .gill be getting a street that is estimated to Ips. 20 years.
Pat Frederickson, 35 Nathan Lone, obitmed to the pioposed asse sment, stating that the
benefit of the improvement to properties nn Nathan Lane is far I •ss than to other
properties in the assessment area
Regular Council Meeting
October 26, 1992
Page 388
Bill Toberman, 5 Saratoga Lane, stated his property also fronts Westwood Circle, which is
a Minnetonka street. He stated that he did not get the benefit of curb and gutter to that
side of his property, and, therefore, his assessment should be less than that charged for a
single family residential parcel under the assessment policy.
Director Moore stated that if Westwood Circle is reconstructed by the City of
Minnetonka, Mr. Toberman cannot be assessed for those improvements because his
property is in Plymouth.
L '-ck Mickelson, 212 Union Terrace Lane, asked if one contractor was awarded the entire
reconstruction project and if the cont: act had a clause for overages.
Director Moore responded that Valley Paving was awarded the entire cor.'ract, and it was
a unit item contract.
Mr. Mickelson stated that a city inspector should have been on the project at all times. He
explained several problems with tree installation, clean-up and sod damage. He suggested
that assessments be varied so owners of corner lots and larger frontage would pay a larger
assessment. Mr. Mickelson stated that the placement of the street was varied after he had
been informed by the City of the final location.
Craig Freeman, 56 Nathan Lane, stated he represents property owners on the east side of
Nathan Lane. He stated the construction done to Nathan Lane was excessive and did not
need to be done. Mr. Freeman stated he was informed by a foreman on the project that
the improvements were excessive, and that the street would la another 10 years with
only resurfacing
No ene else appeared for the hearing, and it was closed at 9:08 p.m.
MOT,DN was made by Mayor Bergman, seconded by Cauncilmember Edson, to defer the
assessments on the 1991 Street Reconstruction Program Phase 11, Project 102, to
November 2.
Motion carried, five ayes.
The following property owners filed written objections to the assessments Ray Tremblay,
Marion Usset, Robert Fleming, Alice Zwack, Ralph Conlow Jr., Jerry Achemcn, Cealia
Holmgren, Shannon Lenzen, Raymond and Georgia Olson, Helen Jones, Pat Frederickson,
Charles Swenson, John Larkin, Dontsld Brownson, Clifford Aageard, Tresa Deziel. GFS
of Minnesota. and Freeman's Inc
Ll
Regular Council Meeting
October 26, 1992
Page 389
ITEM 7-E ASSESSMENT HEARING, 1992 STREET RECONSTRUCTION
PROGRAM, PRO.iECT NO. 201
Mayor Bergr,an opened the assessment hearing on the 1992 Street Reconstruction
Program, Prciect No 201, at 9;23 p.m No one appeared, and the hearing was closed.
There were j.o written objections filed.
MOTION - as made by Councilmember Vasiliou, seconded by Courcilmember Edson, to
adopt REf. 3LUTION 92-681 ADOPTING ASSESSMENTS, CITY PROJECT NO.
201, 1992 STREET RECONSTRUCTION PROGRAM,
COMMERCIALANDUSTRIAL RECONSTRUCTION AND CONCRETE CURB
AND GUTTER.
Motion c ivied on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to
adopt RESOLUTION 92-682 ADOPTING ASSESSMENTS, CITY OROJECT NO.
201,15 92 STREET RECONSTRUCTION PROGRAM, SINGLE
FAMI'.Y/RECONSTRUCTION ONLY.
Motion carried on a roll call vote, five ayes
ITEM 7-F 1992 WEED ERADICATION AND DEy rRUCTION• ROLL 1
Mat or Bergman 3pened the assessment hearing on the 1992 Weed Eradication and
Destruction, Roll 1, at 9.25 p.m No one appeared, and the hearing was closed.
There were no written objections filed
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt
RESOLUTION 92-683 ADOPTCNG ASSESSMENTS, 1992 WEED
ERADICAYION AND DESTRUCTION, ROIL 1.
Motion carried on a roll call vote, five ayes
ITEM 8-A .TAMES RADDATZ COMPANY. C.U.P. AT 5575 HIGL"JAY 1.69 (920771
MOTION was nude by Councilmember Vasiliou, sc ided by Mp-m 3eigman m adop,
RESOLUTION 02-684 APPROVING CONDITIONAL USE PERMIT, SITE PLAN
AMENDMFNT AND VARIANCES FOR JAMES M. RADDATZ COMPANY
LOCATED AT 5575 HIGHWAY 169 (92077).
Regular Council Meeting
October 26, 1992
Page 390
Motion carried on a roll call ,ote, five ayes.
ITEM 8-B HANCE DISTR®UTIOh. SITE PLAN AMENDMENT AND ZONING
ORDINANCE VARIANCE AT 12795 16TH AVE, N. (920891
Community Development Director Dillerud stated that the Planning Commission, on a 3-2
vote, recommended approval of the request of Hance Distribution for Site Plan
Amendment and Zoning Ordinance Variance to increase the amount of offstreet parking
by 24 spaces. This would permit the additional parking to encroach 27 feet into the j
required 50 foot front setback to 16th Avenue North Commissioners in opposition to the
request, noted that the variance did not respond to the variance criteria of the Zoning
Ordinance, particujarly with respect to the criter.a involving hardship and unique
circumstances r. 1-• ,g the parcel
Dick Hall, representing General Mills, stated that they are a tenant of Hance Distribution.
This site is used as a food tasting fzcility using mainly non-profit groups for the tests.
Tests are conducted all day, with most of the volume in late afternoon and evening lie
stated that they are concerned about the safety of people having to walk around the
building to their vehicles, particularly in the winter months Mr. Hall stated that the
additional parking would not be visible from the stn eet because of the terrain.
Councilmember Vasiliou asked if the possibility o* escorts had been considered during the
Planning Commission discussion on this request. She also asked how the property owner
had submitted "proof of parking" for the initial development.
Director Dillerud stated a number of observations were made at the Planning Commission
hearing, includin, that there are other similar locations in the Citv and that this is a matter
f convenience. I le stated that the initial plan shoved a parking ramp on the site as the
proof of parking "
MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt
RESOLUTION 02-685 APPROVING SITE P. ,AN AMENDMENT AND
VARIANCE FOR HANCE DISTRIItIJTION LOCATED AT 12795 16TH AVENUE
NORTH (92089).
Motion carried on a poll call vote, four Lyes, Vasiliou nay
ITEM 8-C AUTHORIZATION TO PROCEED V1'ITH DESIGN L,EVELOPNIENT
DRAWINGS FOR C111'CENTER EXPANSION
Acting Manager Boyles prr:,ented the staff report on the proposal to p,•oceed with design
development dra«ines tint the Citv Center expansion He introduct-d reprecentattves of
the architects
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Regular Council Meeting
October 26. 1992
Page 39i
Mayor Bergman asked when would be the appropriate time for public input to the
process, and should it be held at the beginning of a council meting'
Acting Manager Boyles recommended that a public meeting oe scheduled after the design
drawings are completed.
Councilmember Edson stated that the process should follow the recommendation of the
Financial Advisory Committee. They envisioned the meeting being well advertised and
taking place at the beginning of a council meeting
The Council directed that the meeting be noticed on the Plymppth News,
Coincilmember Vasiliou stated she would like feedback from affected employees on the
options for relocation during construction. She also asked that the architects consider a
mor: open work environment, rather than solid modular panel; around each office.
Councilmember Tierney asked when the design drawings would be completed.
Architect Jeremy Bork stated the drawings should be completed by year-end
Councilmember Vasiliou stated that she would prefer holding the meeting for public input
in 1993, to avoid year-end holidays that can result in poor attendance.
MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to
adopt RESOLUTiON 92-686 CITY CENTER EXPANSION AND RENOVATION -
APPROVAL TO PROCEED WITH DESIGN DEVELOPMENT DRAWINGS
PROJECT 126).
Motion carried on a roll cast vote, five ayes.
ITEM 8-D EINAL PAYMENT - PROJECT NO, 015
Public Works Director Moore presented the staXieport on the request for final payment
on North Central'Trunk Sanitary Sewer, Phase 1. Project No 015 He stated the
contractor. Glendale Contracting, Inc., encountered conditions in the project for which
they were unprepared. The project was approximately 75 percent complete when the
contractor decided that they were unable to complete the project. The City staff then
negotiated with Glendale's bonding coi>>pany to complete the project. The project was
completed using various contractors with costs approved by the bonding companv An
agreement has now been reached with the bonding company for the final coat and
reimbursement to the City on this project
Councilmember Vasdio ,ed if the liroblem i %rerienLcd N, ' a ccmtrdctor can he
considered when bidding occurs arnt a futute project
7
Regular Council Meeting
October 26, 1992
Page 392
Director Moore stated the Council is required to award a bid to the lowest, responsible
bidder. This situation could be considered as a valid reason to not award a future bid,
based on criteria of whether the contractor was responsible in this project.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to
adopt RESOLUTION 92-687 REQUEST FOR PAYMENT NO.9 AND FINAL,
NORTHCENTRAL TRUNK SANITARY SEWER - PHASE 1, CITY 10ROJECT
NO. 015.
Motion carried on a roll call vote, five ayes
ITEM 8-E-1 INSURANCE CLAIMS STATUS REPORT
MOTION w is made by Councilmember Helliwell, seconded by Councilmember Tierney,
to accept th; insurance Claims Status Report, as presented by Finance Director Hahn
Motion car tied, five ayes
ITE1118-E-2 PENDING CIVIL LITIGATION REPORT
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to accept
the pending civil litigation report, as presented by Attorney Meller
Motion carried, five ayes
ITEM 8-E-3 THIRD QUARTER FINANCIAL REPORT
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to accept the Third Quarter Financial Report, as presented by Finance Director Hahn.
Motion carried, five ayes.
ITEM &F -i CITY COUNCIL DIRECTIVES
The Council reviewed the pending and completed City Council Directives
Councilmember Tierney stated she will still address the athletic equipment storage issue -
Directive 92-51.
MOTION was made by Councilmember Helliwell, seconded by .%Ia.N-or Bergmaa, to
accept the pending and c,)mpleted ('ity Council Directi%es report.
Motion carried, fi%e ayes
0
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Regular Council Meeting
October 26, 1992
Page 393
ITEM &F 2 COUNCIL GOALS AND OBJECTIVES
Mayor Bergman suggested that a Council goal be added to focus on ways to attract
manufacturing businesses, and to retain and encourage expansion of existing businesses in
Plymouth. He suggested that ti..- City could be divided into quadrants, Walt each
Councilmember keeping in touch with business representatives in their quadrant. This
item could be refined further at a study session
Acting Manager Boyles stated the Twin West Chamber of Commerce, has a similar
program that the City may be able to pattern.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to
add this item to the Council Goals and Objectives
Motion carried, five ayes
ITEM 8-F-3 CAPITAL L%I PROVEMEN7 AND PROJECT STATICS REPORTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to accept the Capital Improvement and Project Status Report, as presented by Publ;c
Works Director Moore.
Motion carried, five ayes.
ITEM &G SCHEDULE ELECTION CANVASSING: BOARD titEETING
The Council scheduled a special Council meeting to canvass the results of the local charter
question on the November 3 ballot for 4 00 p.m. on November 4.
ITEM &H STUDY SESSION TOPICS AND SCHEDITLE
The Council scheduled a study s=ssion for 8.30 a m on November 5 to further discuss the
propo ed assessments for the 19111 Street Reconstruction Program and the Medina Road
Improvement Project.
ITEM 8-I COUNCIL COORDINAI'tNG REPRESENTATICCRI REPORTS
Councilmember Vasiliou reported on the Wayiata District 284 Chemicai Health
Commission meeting; she attended She noted that Public Safety Director Gerdes also
attended the meeting and is now a memSt er of the Commission.
Regular Cou•izil ;Meeting
October 26, 1992
Page 394
Councilmember Edson report.•d on the meeting of the District 2AI Government Advisory
Meeting lie stated the Council needs to address the topic of facilities sharing, particularly
with respect to park and recreation programs
Mayor Bergman thanked Police Otiicer Goldstein for his report on liaison officer
activities.
ITEM 84 CITY COUNCIL INFORMATION MEMORANDUM
Acting Manager Boyles reported on the following items in the Information Memorandum.
upcoming stud, sessions and budget hearing, grass property tax levy comparisons,
publicity efforts for 1?93 rentai ;rousing program, meeting with Plymouth Creek
Elementary School Parents' Advisory Council, absentee ballo! activity relating to the
General Election, and various personnel issues
ITEM 8-1 LIBRARY SITE ACQUISITION
MOTION was made by Mayor Bergman, seconded by Councilmember lielliw•ell, to adopt
RESOLUTION 92-688 APPROVING A VACANT LAND Pt RCHASE
AGREEMENT FOR 15700 36'rit AVENUE NORTH AND A REAL ESTATE
PURCHASE AGREEMENT CONTRACT NO. A-11672.
Motion carried en a roll call vote, rive ayes
ITEM 8-L VACANCY ON HOUSING & REDEVELOPMEN•r AUTHORITY
Councilmember Edson stated that there is a vacancy on the Housing and Redevelopment
Authority (HRA) for a term ending January 3 I, 1995 Due to the remaining length of the
term, he suggested that the Council accept applications front interested residents
The council dir•cted staff to solicit applications ror Council consideration
Mayor Bergman requested that staff send a letter to John Lar' 'n asking him for suggested
changes to the City's written assessment notice.
The meeting was adjourn, -d at IU 45 p m
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