Loading...
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 0 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 r: 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 0 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 tau` Y''•_ `_1`_ « Ch} Jerk