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HomeMy WebLinkAboutCity Council Minutes 11-02-1992MINUTES REGULAR COUNCIL MEvTING NOVEMBER 2, 1992 The regular meeting of the Plymouth City ( ouncil was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on November 2, 1992. PRESENT: Mayor Bergmar, Councilmembers Edson, rielliwetl, Tie ney, and Vasiliou STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, and City Attorney Meller ITEM 4-A PLYMOUTH COMMUNITY LIBRARY SITE Acting Manager Boyles reported that an agreement has been reached between the City. Library Board, and Hennepin County Beard through which a library will be constructed in Plymouth The library will be approximately 12,000 square feet and will be located at 36th Avenue North and Vicksburg Lane, on the immediate north side of CUB Foods. The new site cost the City substantially less than the initial site selected by the Library Board. The library is expected to be open in 1995. ITEM S-A PROCLAMATION - MINNESOTA CHEMICAL I'ALTB MEEK Mayor Bergman proclaimed November 13-211 as Minnesota Chemical Health Week. ITEM 6 APPROVE AGENDA Attorney Meller requested that the Council add an agenda item - Former ('ity \tanager's vehicle. MOTION w -s made by Councilntember Ilei iwell, seconded by Councilmember Tierney, to approve the agenda with the addition notes Motion carried on a roll call vote. five ayes ITEM1 L—ONSI'NX AGENDA M,,1 It "I a, iadh. ht Councilmemher Tierney, seconded toy t'ouncilmemher Helliwell, toad nt Iim .ni Agenda Mtuirn intr;eo n a . -II ca11 rote, rive aves J C Regular Council Meeting November 2, 1992 Page 396 ITEM 7-A AGREEMENT WITH MNDOT FOR TUITION REIMBURSEMENT MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RFSOLUTION 92-689 APPROVING AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT OF TUITION. Motion carried on a toll call vote, five ayes. ITEM 7-B AWARD CONTRACT FOR NORTH CENTRAL TRUNK SANITAR`' SEWER PHASE ll. PROJECT 015 MOTION was made by Councilmember Tiernev, seconded by Councilmember Helliwell to adopt RESOLUTION 92-690 AWARDING BID, NORTH CENTRAL TRUNK SEWER - PHASE 11. CITY PROJECT NO. 015. Motion carried on a roll call vote, five ayes. ITEM 7-C DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-691 REDUCING DEVELOPMENT BOND, WESTWOOD RIDGE 2ND ADDITION (85108). Motion carried on a roll call vote, five ayes. MOTION was made by CorncilmemSer Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92.692 REDUCING DENTLOPMENT BOND, PINE CREEK ADDITION (92020). Motion carried on a roll call vete, fi.•e ayes MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92.693 REDUCING DEVELOPMENT BOND, SWAN LAKE WEST ADDITION (89025). Motion carried on a roll cell five ayes MOTION was made bit „runcilmember Tierney, seconded by Councilmember I lelliwell, t(%adopt RESOLUTP 1,% 92-694 IIEDUCING DEVELOPMFNT BOND, ROCKFORD ROAD PLAZA ADDITION (89014). Motion cnrried an a roll crsll vote. rig r mcS Regular Council Meeting November 2, 1992 Page 397 ITEM 7-D REIMBURSE DEVELOPER FOR WATERMAIN OVERSIZING IN BASS LA.KE TERRRACE 2ND ADDITION (910702 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-695 REIMBURSING DEVELOPER FOR REQUIRED WATERMAIN CONSTRUCTION, BASS LAKE TERRACE 2ND ADDITION 91070). Alotion carried on a roll call vote, five ayes. ITEM 7-E ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-696 DECLARING ADEQUACY OF PETITION AND ORDERLNG PREPARATION OF REPORT, STREET LIGHTING - ARMSTRONG HIGH SCHOOL. Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Tierne), seconded by Councilmember Helliwell, to adopt RESOLUTION 92-697 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, ARMSTRONG HIGH SCHOOL.. Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Tneniey, second by Councilmember Helliwell. to adopt RESOLUTION 92-698 DECLARING ADEQUACY OF PETI'T'ION AND ORDERING PREPARATION OF R Pnwr, STREET LIGHTING - GOLFVIEW ESTATES. yiotioa rarricd on a role call vote, five ayes MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell. to adopt RESOLUTION 92.699 RECEIVING REPORT AND ORDERING PROJECT- STREET LIGHTING. WLFVIEW F'STATES ADDITION. Motion carried an a rol; call vote, five Ryes - 0 0 Regular Council Meeting November 2, 1992 Page 398 ITEM 7-F SET HEARING ON VACATION OF EASEMENT IN SEVEN PONDS EAST ADDITION MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell. to adopt RESOLUTION 92-700 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOTS 6 AND 79 BLOCK 3, SEVEN PONDS EAST ADDITION (92098). Motion carried on a roll call vote, five aves. ITEM 7-G PAYMENT NO. S, MEDINA ROAD IMPROVEMENTS PROJECT' Ol0 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell. to adopt RESOLUTION 92-701 REQUEST FOR PAYMENT NO. 8. MEDINA ROAD IMPROVEMENTS, CITY PROJECT NO. 010. Motion carried on a roll call vote, five ayes. ITEM 7-H OPUS CORPORATION LOT DIVISION FOR BASS CREEK BUSINESS PARK (921001 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-702 APPROVING LOT DIVISION FOR OPTS CORPORATION FOR BASS CREEK BUSINESS PARK LOCATED NORTHWEST OF COUNTY ROAD 10 AND TRENTON LANE NORTH (92100). Motion carried on a roll call vote, five dyes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt IU.SOLUTION 92-703 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND RELATED TO LOT DIVISION FOR OPUS CORPORATION FOR BASS CREEK BUSINESS PARK LOCATED NOR7 HWEST OF COUNTY ROAD 10 AND TRENTON LANE NORTH (92100), Motion car. -ted on a roll call : otc, five ayes Regular Council Meeting November 2, 199: Page 399 ITEM 7-1 OPUS CORPORATION, FIRE LANE VARIANCE FOR BASS CREEK BUSINESS PARK (92100) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-704 APPROVING VARIANCE TO CITY CODE STANDARDS TO ALLOW CONSTRUCTION WITHOUT A FIRE LANE FOR OPUS CORPORATION FOR BASS CREEK BUSINESS PARK LOCATED NORTHWEST OF COUNTY ROAD 10 AND TRENTON LANE (9°100). Motion carried on a roll call vote, five ayes. ITEM 8-A PUBLIC HEARING - SAFETY IMPROVEMENTS ON HIGHWAY 55 FROM FERNBROOK LANE TO 18TH AVENUE, PROJECT NO 210 Public Works Director Moore stated that the Minnesota Department of Transportation. MnDOT) has completed a final layout plan of safety improvements proposed on Highway 55 from Fembrook Lane to l8th Avenue. The project is the same as the preliminary plan which the Council previously approved, except it has been expanded westerly to Fembrook Lane An additional lane has been added along Highway between Fembrook Lane and 1-494 to increase the capacity and safety along this segment. Fie stated that the plan as proposed will prohibit all southbound access into or out of the AMOCO Service Station at the southeast corner of Highway 55 and Xenium Lane. Because of overall safety concerns at this intersection, it is still recommended by MrtDOT that the median be extended to prevent this left turn movement. If the Council so desired, they could direct that the ntedian be shorened which would continue to allow left turns into and out of the southerly drivewa- Mayor Bergman opened the public hearing on proposed Highway 55 safety improvements at 7.05 p m. Marl, Kresbach and Terry Ilumberg, repreSLnted MnDOT. Thev explained the proposed lane and signalization impruvenients scheduled for 1994 construction. Mr. Kresbach stated that no right -or way is required from the AMOCO Station for the improvements as proposed Gary Persian stated he is an attorney representing the owner of the AMOCO Station lie stated that the proposed median would prevent customers from entering and exiting the business from all directions except the south Ile believes that the business would lose customers and eventually be forced to close for financial reasons Mr Persian stated the majority of the traMe is from 3 ttn to b•ttt) p Ill. He stated that gas tankers may not be able to access the Site due to the proposed median He urged the Council to eliminate the median or allow ct,stomers access across the median Regular Council Meeting N.)vember 2, 1992 Page 400 No one else appeared, and Mavor Bergman closed the hearing ai 7:10 p.m. Councilmember Helliwell agreed that traffic is very heavy in the late L.'iemoon, but she does not believe it is a problem earlier in the day. She suggested eliminating or shortening the median, or limiting the turning movements of vehicles only during certain hours. Councilmember Vasiliou stated that due to a lack of vehicle stacking distance, access is difficult to the site. She stated that over the years. the business owner, City and County have had the understanding that when these improvements were done, the business would be gone. She objected to constructing improvements that would gradually put someone out of business, and stated that condemnation should be pursued by the county and/or state. Councilmember Edson stated that he believes a governmental unit should not put an owner out of business wir' ,ut adequate compensation. Hl: proposed that the item be deferred until further recommendations are received rego•ding alternatives for this business. Councilmember Helliwell asked if additioral future work is planned for this intersection. Directnr Moore stated that improvement!, to Xenium Lane and Northwest Blvd. (County Road {3l) are proposed by Hennepin County; howeNer, the project is not currently included in their 5 -year Capital Improvements Plan Those improvements would require acquisition of the AMOCO site. Councilmember Edson stated that the county road improvements should he done concurrent with the highway 55 improvements. He stated the Council could approve the Highway 55 plars subject to the county providing detailed plans for County Road 61 improvements, to be constructed at the same time aF the Highway 55 construction. He stated that this action would initiate negotiations between the county and the AMOCO station owror. Mr. Humberg stated that the County Road 61 propused improvements are not proposed in the 5 -year Capital improvement Plan and no funding has been approved Most of the wark under that fltture project will be in the southeast quadrant of the intersection. The improvements proposed for Highway 55 will not conflict with the county improvements Dctailcd plans have been prepared for the County Road 61 improvcments. Councilmember Vasiliuu stated the improvements are needed, but it i;. not appropriate for the Council to approve preiect plans that will slowly cause the del. -line of a Plymouth business Regular Council :Meeting November 2, 1992 Page 401 Mr. X—resbach stated MrtDOT is willing to shorten the median so that traffic could access the boutherly drivtway. Mayor Bergman stated the Highway 55 improvements should go forward. A delay in approving the plrns could hamper construction that is needed for the new businesses in the Northwest Business Campus. Mr. Persian again stated that his client must have access for vehicles from the north and south to the southerly access to the business, as well as access for gasoline trucks to the site. MOTION was matte by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-705 APPROVING FINAL LAYOUT, HIGHWAY 55 SAFETY IMPROVEMENTS, CITY PROJECT NO. 210, with the revision that the median on the south leg of County Road 61 at Highway 55 shall be reduced in length to permit left tur!rs into and out of the southerly driveWdy to the AMOCO Service Station at the southeast corner of the intersection. Motion carried on a roll call vote, four ayes, Vasiliou nay. The Council directed the Acting City Manager to send a letter to the Hennepin County Commission informing them of the proposed development in the area and urging them to complete the County Road 61 improvements as soon as possible. ITEM 8-B VACATION OF EASEMENTS WITHIN PARKERS LAKE NORTH 3RD ADDITION Mayor Bergman opened a public hearing at 7:35 p.m on vacation of drainage and utility easements within Lots 3 and 4, Blo:k 3, Parkets Lake North 3rd Aidition. No one appeared. and the hearing was closed. MOTION was made by Councilmember Vasilinu, seconded by Councilmember Edson, to adopt RESOLUTION 92-706 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 3 AND 49 BLOCK 3 - PARKERS LAKE NORTH 3RD ADDITION. Motion carried on a roll call vote, five ayes ITEM 9-A ASSF'SSMENTS FOR MQINA ROAD IMPROVEMENTS MJECT Ol0 Public Wuih. Ditectot Moore Stated that the Council held a study session on the unposed k1edtna Road improvements The Council discus.sed the existing special assessment deferral policy This pokey states that ifa homesteaded ptoperty is guided for multifamily commercial, or industrial use, the assessment over and above that of a single family Regular Council Meeting November 2, 1992 Page 402 resident will be deferred. The deferral is for a fi%. year period with interest. If the property is sold or developed within the five years, the deferral is ended artJ the deferred assessment is payable over the remaining years of the original assessment roll. After the Council discussed the three I.omesteaded properties along Medina Road to which this deferral policy applies, it was their consensus that the assessments be in accordanr.- with the existing policy. Dennis Daley, 6600 France Avenue South #590, Edina, stated he is legal counsel for John Jordan with respect to proposed assessments for Project 010. He stated the Jordan perty is less than five acres and Mr. Jordan's proposed assessment is inequitable and possibly not legal. He questioned if the property value will increase in an amount equal to the assessment. He stated that due to the shape of the lot, it is unlikely that development could occur. Mayor Bergman stated that the parcel could possibly be combined with adjacent properties to create a more developable site. Also, the prop:rty value v :I increase because of the availability of utilities and because there is limited land inside of the MUSA He stated that Mr. Jordan has a legal right to pursue an appeal of the assessment. MOTION was made by Councilmember Va.,iliou, seconded by Mayor Bergman, to adopt RESOLUTION 92-707 ADOPTING ASSI'SSMENTS, CITY UROJECT NO. 010, MEDINA ROAD - STREET AND IITIL!TIES. Motion carried on a roll call vote, five ay -s. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adept RESOLUTION 92-708 ADOPTING ASSESSMENTS, CITY PROJECT NO. 010, MEDINA ROAD - SEWER AND WATER ARIA. Motion carried on a roll call vote, five ayes MOTION wes made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 92-709 ADOPTING ASSESSMENTS, CITY PROJECT NO. 010, MEDINA ROAD - STREET AND UTILITIES. Motion carried on a roll call vote, fire ayes MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman to adopt RESOLUTION 92-710 DEFERRED ASSESSMENTS, MEDdNA ROAD - STREET AND UTILITIES, CITY PROJECT NO. 010. Motion carried on a roll call rote, fire ,ries Regular Council Meeting November 2, 1992 Page 403 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 92-711 DEFERRED ASSESSMENTS, MEDINA ROAD - STREET AND UTILITIES, ODEAN PROPERTY, CITY PROJECT NO. 010. Motion carried on a roll :all vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 92-712 DEFERRED ASSESSMEN IS, MEDINA ROAD - STREET AND UTILITIES, CITY PROJECT NO. 010. Motion carried on a roll call vote, five ayes. ITEM 9-B ASSESSMENTS FOR 1991 STREET RECONSTRUCTION PROGRAM PHASEM, PROJECT 102 Director Moore reported that at a recent study session the Council considered the proposed assessments for 1991 Street Reconstruction Program Phase II, Project 102. The Council discussed the philosophy behind the Street Reconstruction Program. The overall emphasis of the program is to protect and preserve the public's investment in our street infrastructure. To accomplish this, in 1987 the Council adopted a program with cost sharing between the City at large and special assessments to the adjacent properties The City has completed four years of this ongoing program. Mayor Bergman stated that citizens across the country are asking their local governments to initiate this type of program to protect their infrastructure investment. Plymouth has committed to that philosophy through this Program. Councilmember Edson stated that the Reconstruction Program minimizes the cost for street maintenance and replacement. He stated that the City is in financially stable condition to be able to fund approximately 70 percent of the overall program. The reconstruction will be inconvenient for affected residents, and he asked residents to communicate problems that occur during the construction with the City. John Larkin, 35 Nathan Lanc obiected to the assessment. He stated the City has failed to properly maintain the street by allowing construction vehicles for the 1-394 project to use it He repeated hia objections previously noted at the October 26 assessment hearing. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney. to adopt RESOLUTION 92-713 ADOPTING ASSESSMENTS, CITY PROJECT NO. 102, 1991 STREET RECONSTRUCTION PROGRAM - PHASE Il, RECONSTRUCTION ONLY - CONDOMINIUM UNITS. Motion carried on a roll call vote, four ayes, Vasiliou nay 0 ft Regular Council Meeting November 2, 1992 Page 404 MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 92-^14 ADOPTING ASSESSMENTS, CITY PROJECT NO. 102, 1991 STREET RECONSTRUCTION PROGRAM - PHASE Il, ALL OTHER PROPERTIES - RECONSTRUCTION AND/OR WIDENING WITH CONCRETE CURB AND GUTTER AND STORM SEWER. Motion carried on a roll call vote, five ayes. ITEM 9-C CDBG PRfe,GlIAM -FINAL STATEMENT OF ACTIVITIES YE4R 19 Community Development Director Dillerud stated that as a CDBG Entitlement City, Plymouth must annually provide HUD a Final Statement of eligible activities that will be supported by CDBG Entitlement Funds in the upcoming year. Staff has recommended a Year 19 Final Statement very similar to that which was approved for Year IS. The HRA has recommended a modification to the staff recommendation that would reduce the allocation for planning of a general nature and instead insert a specific allocation for senior services planning Dave Crain, HRA Chairperson, requested that the Council approve an amount of $20,000 for Senior Services Planning and $21,200 for Administration of Programs. He stated that the I .eRA has no specific programs or projects in mind, but the IIRA believes this funding source should be used to provide semices rathc, than for projects of a general planning nature that could be funded from other sources. Councilmember Edson stated the HRA has not had an opportunity to identify specific projects, but he concurred that the funds should be used for program services rather than administrath a uses. He stated the HRA has the authority to reallocate among the line items if desired at a later date. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-715 APPROVING ALLOCATION OF YEAR 19 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, as recommended by the HRA, with the understanding that the HRA will have discretion on reallocation of the funds designated for Senior Services Planning. Motion carried on a roll call vote, five ayes. ANALYSIS Acting Manager Boyles presented the staff repot on the Plymouth Metrolink Comprehensive Operational Analysis. Preliminary findings were reviewed with the Plymouth Advisory Committee on Transit. He described the recommended route changes Regular Council Meeting November 2. 1992 Page 405 and stated that the report will be included in the Request for Proposals to be solicited in December for service commencing May 1, 1993. MOTION was made by Councilmember Helliwell, seconded by Ccuneilmember Edson, to adopt RESOLUTION 92-716 APPROVING THE RESULTS OF THE COMPREHENSIVE OPERATIONA[. ANALYSIS COMPLETED BY THE METROPOLITAN TRANSIT COMMISSION ON OCTOBER 12, 1992. Motion carried on a roll call vote, five ayes ITEM 9-E STUDY SESSION MEETING TOPICS The Council reviewed the pending Study Session Meeting Topics. Councilmember Tierney requested that a topic be added - Evaluate rhanges made by Council in Financial Advisor and Legal Advisor. The Council tentatively scheduled this session for 5.00 p.m on December 21. ITEM 9-G Former City Manager's Vehicle Attorney Meller stated that in 1989, the previous Council entered into a contract with the former City Manager to make a vehicle available for his personal and business use. That contract did not specify the vehicle type. The vehicle subsequently purchased was a 1991 Chrysler Imperial As part of the Manager's resignation package, this City Council agreed to transfer title of that specific vehicle to the former manager. Attorney Meller stated that several options have been considered since that vehicle burned in a fire. He recommended that the City transfer the insurance proceeds from the burned vehicle to the former City Manager in order to conclude the matter Mayor Bergman asked the difference between the insurance proceeds and the Chrysler New Yorker that the former Manager was offered. Acting Manager Boyles stated the insurance proceeds are about $2,000 less titan the cost of the alternate vehicle that had been proposed for transferred. Councilmember Vasiliou asked why the former City Manager was allowed to decide whether or not to accept an alternate vehicle as a replacement Acting Manager Boyles stated that he and the City Attorney were following the Council's direction to complete this matter. One option was to propuse an alternate vehicle. Attorney Meller stated that it it the r ouncil's ultimate decision, but the option of all alternate vehicle could not he considered unless it was agreed to by the former City Manager Ne stated th,t the City Cot +ncil, through the resignation agreement, is 0 4 Regular Council Meeting November 2, 1992 Page 406 responsible for providing a specific vehicle to the former City Manager. Had the former Manager agreed to accept the replacement vehicle, the option would have been presented to the Council for consideration. MOTION waa made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-717 AUTHORIZING RELEASE OF THE INSURANCE PROCEEDS FOR DESTROYED VEHICLE TO THE FORMER CITY MANAGER. Motion carried ori a roll call vote, Edson. Vasiliou, and Bergman ayes; Helliwell and Tierney abstained ITEM 9-F CITY COUNCIL INFORINIATION MEMORANDUM Acting Manager Boyles reviewed the Council Information Memorandum including an update on railroad cra:sing options with respect to train whistle noise. Councilmember Edson suggested that staff contact Winona city officials to determine whether their whistle ban has caused increased accidents. An incident of increased accidents was noted in the most recent Soo Line letter. He suggested that the City Attorney draft an ordinance to become effective when the crossing arm construction is completed that would limit train whistles similar to the Winona ordinance. He suggested that the whistle be prohibited except for emergency from the hours of IU p.m. to 7 a.m. to be consistent with the City's noise ordinance. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to direct the City Attorney to draft such ar ordinance and to direct staff to include $50,000 for Pineview Lane crossing arm improvements in the Capital Improvements Program Motion carried, five avec. Councilmember Vasiliou requested an update on the deer hunt Public Safety Director Gerdes reported that 15 deer have been taken to date, with 115 permits issued. It has been reasonably successful with no concerns or incidents noted by residents since the start of the hunt. Acting Msnage Boyles reported on the hours o polling for the General Election and number of absentee ballots processed, and results of radar survey on Northwest Blvd. The meeting was adjourned at 9 13 p m Cine Clerk