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HomeMy WebLinkAboutCity Council Minutes 11-30-1992 SpecialMINUTES SPECIAL COUNCIL MEETING AND BUDGET HEARING NOVEMBER 34, 1992 A special meeting of the Plymouth City Council was called to order by Mayor Bergman at 7.09 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on November 30, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasifiou STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Park and Recreation Director Blank, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Meller, and City Clerk ITE 114 PRESENTATIONS Public Safety Director Gerdes introduced Richard Kline, the new Fire Chief. Mayor Bergman presented a proclamation of appreciation to David Burke for his outstanding service as Act;ng Fire Chief during the last 1 I months. ITENI 5 APPROVE AGENDA Mayor Bergman stated that staff requested that Item 6-17, Wai'/er of Subdivision Regulations for Hoyt property at Schmidt Lake Road and 1-494, be tabled. He also stated that Item 8-C, Letter from Jim Willis regarding automobile, should be part of Item 8-D, City Council Information Memorandum, rather than an action item. He stated that a motion to reconsider Mr. Willis' request as outlined in his letter can only be made by a councilmember who voted on the prevailing side pursuant tc Roberts Rules of Order. No Councilmember on the prevailing gide indicated a desire to reconsider this issue; therefore, no action can be taken MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to approve the agenda as amended. Motion carried on a roll call vote, five ayes. 1TED16 CONSENT AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt the Consent Agenda. Motion carried on a roll call vote. five ayes. Special Council Meeting November 30, 1992 Page 424 ITEM 6-A JANICE PAUL CONDITIONAL USE PERMIT FOR HOME OCCUPATION AT 5250 DUNKIRK LANE NORTH (920991 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-759 APPROVING CONDITIONAL USE PERMIT FOR JANICE PAUL LOCATED AT 5250 DUNKIRK LANE NORTH (92099). Motion carried on a roll call vote, five ayes. ITEM 6-B JOANNE SCHULER. CONDITIONAL USE PERMIT FOR HOME OCCIJPATION AT 2355 HEMLOCK U.NE (921011 MOTION was made by Co, mcilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-760 APPROVING CONDITIONAL USE PERMIT FOR A HOME OCCCUPATION FOR JOANNE SCHULER LOCATED AT 2355 HEMLOCK LANE NORTH (92101). Motion carried on a roll call vote, five ayes. TEM 6-C THOMAS BUCHANAN AMENDED PUD PLAN AND CONDITIONAL USE PERMIT FOR DECK AT 13305 57TH AVE, NORTH (921031(RPtTD 88-5) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson to adopt RESOLUTION 92-761 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THOMAS BUCHANAN LOCATED AT 13305 -57TH AVENUE NORTH 92103). 4otion carried on a roll call vote, five ayes. ITEM 6-1) RELEASE OF SATE PERFORMANCE GUARANTEE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-762 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR VICORP RESTAURANTS, INC. FOR BAKERS SQUARE RESTAURANT LOCATED AT 4171 VINEWOOD LANE NORTH (91007/90051). Motion carried on a roll call vote, five ayes. Special Council Meeting November 30, 1992 Page 425 ITEM 6-E BRADLEY YOPP AND RONALD WILMOT. LOT DIVISION/ CONSOLIDATION (920981 MOTION was made by Councilmember Helliwell, seconded by Councilmemb:r Edson, to adopt RESOLUTION 92-763 APPROVING LOT rIVISION/ CONSOLIDATION FOR YOPP AND WILMOT AT 16815 -32ND AVENUE NORTH AND 3166 FOUNTAIN LANE NORTH (92098). Motion carried on a roll call vote, five ayes. MOTION was rnade by Councilmember Helliwell, seconded by Councilmember Edso7, to adopt RESOLUTION 92-764 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/ CONSOLIDATION FOR YOPP AND WU.MOT LOCATED AT 16815 -32ND AVENUE NORTH AND 3165 FOUNTAIN LANE NORTH (92098). Motion carried on a roll call vote, five ayes. ITEM 6-G DF.VFLOPi%IENT CONTRACT BOND REDUCTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-765 REDUCING DEVELOPMENT BOND FOR SWAN LAKE WEST ADDITION (89025). Motion carried on a roll call vote, five ayes. ITEM 6-H AWARD CONTRACT. NW -17 TRUNK SdkNITARY SEWER PHASE II. PROJECT040 MOTION was rnade by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 92-766 AWARDING BID NW -17 TRUNK SANITARY SEWER - PHASE 11, CITY PROJECT '10.010. Motion carried on a roll call vot ., five aye,; TEM 7-A PUBLIC !TEARING ON 1993-r OPOSED CITE BUDGETS Acting Manager Boyles stated the City Council scheduiLd a hearing to hear public input with respect, to the City Manager's proposed 1993 City budgets in accordance with City Council policy and Sate Truth in Taxation statutes He ,eviewed tie 1993 budgets to be considered and the 199; budget adoption process, and stated the Council has scheduled it reconvened session on December I o to turther consider public input and to adopt the budgets as required by law. lie described typi:al City services and the distribution of the 0 0 Special Council Meeting November 30, 1992 Page 426 property tax dollar, and noted the dates for the various school districts' and Hennepin County Truth in Taxation hearings. Acting Manager Boyles described the following factors which affect 1993 budgeting: state mandated tar classification changes which shift the tax burden from the higher valued to the lowered valued homes; commercial and industrial property devaluations; community growth; and, the removal of levy limits. He stated that the City is now subject to sales tax, as well as continued comparable worth and Americans with Disabilities Act (ADA) mandates. Increased maintenance costs for Bass Lake and Parkers Lake Playfields and the new Public Works and Public Safety buildings must also be considered in the 1993 budgets. He reviewed the City budgets and compared the City tax portion on various valued homes from 1990 to the 1993 estimate Mayor Bergman opened the public hearing on the 1993 proposed budgets at 7:42 p.m. Duane Jest, 4807 Orchid Lane, referenced an article that appeared in the PlvmL,)uth Sun Sailor regarding proposed tax increases for 1993. He stated that the article indicated the City portion of his taxes would increase 6 7 percent, however, Ki Truth in Taxation Statement indicates a 15.3 percent increase. Finance Director Hahn asked if Mr. Jest's assessed property valuation increased Mr. Jest responded that his assessed value increased by $2,000. Councilmember Vasiliou asked staff to explain the Truth in Taxation notices that each property owner received by mail. Acting Manager Boyles stated that the Truth in Taxation uutices reflect the potential maximum levy increase for 1993 based on maximum budget figures provided by the Pity, County, and school districts. Because the figures are provided very early in the budgetit:g process and cannot be exceeded in the final budget adoption, the estimated taxes in the Truth in Taxation Statements are greater than the taxes which would result from the current proposed 1993 budgets if the assessed valuation of a property remains the same. A valuation increas: or decrease will impact taxes. Gene Kuehn, 16521 29th Avenue North, objected to -he state mandated tax classification changes which results in shifting property tar burden it) lower valued homes He stated it is an individual's decision to live in a higher valued home and they should not receive a tax reduction in 1993 while owners of lower valued (tomes face increases. It is particularly difficult for seniors on fixed incomes to pay increased taxes. Mr. Kuehn stated that the residential properties should not have to pay increased taxes due to the devaluation of cornmerciallindustri.sl property Laused by the market "glut" Special Council Meeting November 30, 1992 Page 427 Robert Femelius, 5220 Larch Lane, refcrtn -ed the PI mouth Sun Sailor enicle on proposed tax increases. He objected to the state mandate) tax classification changes. He stated that property taxes in Minnesota ars too high. Mark Yost, 11205 46t1i Place r, nrth, asked why the staff presentation and audience handouts compare the estimated proposed 1993 taxes on various valued homes with the 1990 taxes. He stated the estimaLeu 1993 taxes should be compared to the 1992 actual. Councilmember Edson stated that because Plymouth is growing, new market value is added each year and the property tax burden is spread over more properties. The City tax portion has decreased the previous two years. He stated the tax classification system change was adopted by the state legislature, and he suggested that residents who object to the revised system contn.;t their legislators A representative of VFW Post 5903, 19020 Hamel Road, stated their taxes increased from 4,048 in 092 to an estimated $8,000 in 1993. In response to a question by Finance Director Hahn, he stated that the assessed value of the property was increased from 123,000 to $182,000 Finance Director Hahn stated staff will contact him to discuss the change in valuation and affect on the estimated 1493 taxes Bill West, 984 Zanzibar Lane, stated he is the spokesperson for residents in Cimarron Ponds. He stated the Cimarron Ponds population is largely retirees and single parents on fixed incomes The proposed tax increases resulting from the tar classification change will be %ery difficult for those residents. He stated that the subdivision has private streets that receive minimal road maintenance. He questioned whether the City assessor is up-to-date on the sale of Cimarron Ponds units, as the assessed values seem to be much higher than the market values. Mr. West asked how the Council can justity the expense of the former City Manager's severance packagr and the estimated $51,000 in legal fees for site acquisition for the proposed library. Acting Manager Boyles explained the history of the site selection for the library. He stated that the Council's decision to purchase an alternate site saved morey for the City. rather than proceeding with the condemnation appeal process Mayor Bergman stated that when the former City Manager resigned, iris contract, which was approved by a previous Council, was honored. Councilmember Edion outlined the provisions of the former Manager's severance package and itemized the coats and savings to the City resulting from the resignation. He stated Special Council Meeting November 30, 1992 Page 428 the net cost of the severance package was $89,136, and the City will realize an annual future cost savings from terminated life insurance policy of $32,169. Councilmember Helliwell disagreed with those figures and estimated that the cost to the City resulting from the resignation was in excess of $500,000 Councilmember Edson stated that Councilmember Helliwell should indicate the itemized costs that result in that estimated amount. He also stated that the costs resulting from the former Manager's resignation are accounted for in the 1992 budget Councilmember Tierney acknowlcdged that the former Manager's contract was approved by a previous City Council, but that contract provided only for one year's salary. She stated the other severance items were approved by three members of the present Council Councilmember Tierney requested that the City Attomey provide an itemized list of legal costs associated with the fonner Manager ;slue, along with who requested the information and the cost for each item. She stated the work done on the City Manager dismissal was done without the involvement of she and Councilmember fielliwell. Councilmember Tierney stated the state auditor's office recently commented on the City's large expenditures for 1992 legal services which total $293,823 thrC'ulah October. She believes the City will exceed the 1992 Legal Budget. She stated the former Manager situation has been disruptive to the City and has resulted in increased costs She stated the City Attorney took a political rather than neutral viewpoint on the issue Councilmember Edson stated he feels strongly th9t compensation of public employees should be fully disclosed. He stated the former Managers life insurance policies were not publicly disclosed. The Council has recently eliminated certain lifT insurance policies on supervisors and department heads. They will receive compensation which will be public information. Councitmember Vasiliou stated that change is expensive but necessary and cited exampler of the proposed community center, libra, y site condemnation, and the attempted change in election vev-rs through term extensions. She stated the former City Attorney had a contract with the City that was not reviewed in 26 years, even though the law firm was twice sold. Councilmembet asilivu stated thLt the private street issue needs to be addressed by the state legislature, and she offered to assist residents in lobbying for needed changes. Steven Chase, 11901 &3rd Avenue North, stated his valuation has increased and he is unable to access his garage because the City does not maintain alleys The Councii directed siaff to report on the issuance of whey maintenance 0 0 Special Council Meeting November 30, 1992 Page 429 John Overland, 1041 Xene Lane, stated his Truth in Taxation notice indicates a proposed 30 3 percent City tax increase. He asked for an explanation of the tax calculation Acting Manager Boyles stated that the tax classification rate is applied to the assessed value of the property; then multiplied by the combined tax capacity rate of the various taring di3tricts. Richard Schmidt, 14310 13th Avenue North, objected to the City projecting revenues for permit fees in an amount greater than the estimated expenditures for the building inspection program. He objected to any increase in the City tax and to the tax classification changes, and stated the Council should find items to cut, including staff sa'arits if necessary. He asked why the City Attorney did •t recognize that portions of the former City Manager's contract were illegal until the St to Auditor notified the City. Councilmember Edson stated that the contract was adopted by a previous Council and in the instance of the former Manager's insurance policy, the Attorney recognized and worked to resolved the problem He explained that there is no direct match batween revenue and expenditure line items in the budget, however, the City is required by law to balance its budget Mr. Schmidt asked about the process for assigning assessed valuation to a home. He stated that he has owned his home for 18 years and his value has increased, ht.wever, an appraises has never visited his home He also stated that if City services have to be reduced, park and recreation should be the first area for cutting services Finance Director Hahn stated that the City Assessor will contact Mr. Schmidt to discuss the valuation issues Jay Neu, 12425 53rd Avenue North, stated he is a new resident to Plymouth and to the State of Minnesota He shared information on the California property tax system and encouraged the Council it isten to residents. Mr. Neu believes that a quality control program should be initiaiee in order to make Plymouth a leader among cities He stated an area where savings can be realized is through the competitive bidding process. Staff responded to questions by Mr. Neu regarding the Solid Waste budget and state mandated recycling program. Brian Rickard, 1825 Fountain Lane North, noted that .he devaluation in industrial and commercial property will result in a shift of property tax burden to residential properties Mayor Bergman explained that property valuations are a function of the market and property valuation assessments must be done independent of the budget process Ll 0 Special Co incil Meeting November 30, 1912 Page 430 Gordy Rabens, 16320 9th Avenue North, asked questions about the Central Equipment budget, Finance Director Hahn explained that this budget is an internal service fund which "rents" equipment to other City departments. This is an accounting procedure which allows money to be set aside for periodic replacement of vehicles. He offered to meet with Mr Rabens to 6irther discuss specific items in the budget No one else appeared for the hearing. At 9 28 p.m. Mayor Eergman continued the hearing to December 10 at 7:00 p.m. ITEM 8-A WOOD POINTE ESTATES ACCESS TO StrNSET TRAIL Community Development Director Dillervd stated that at the November 16 Plvreauth Forum, Dan Witkowski, a resident of Wood Pointe Estates, addressed the Council expre 4ing concern that the Council recently authorised access to Lot 14 v.a Sunset Trail Director Dillerud stated that when the Wood Pointe Estates plat was approved in 1988, access for Lots 2 and 14 to Sunset Trail was not allowed, Access for the two lots was provided through driveway easements across other lots in the subdivision. Earlier this year, Seheell and Madson requested that the Council revise the earlier condition in order to allow direct access onto Sunset Trail for Lots2I and 14. The Council approved the request on September 21, 1992 Subsequently, St hoell and Madsen sold Lot 14, On November 16, the City Council directed staff to withhold issuance of the building permit pending for Let 14 until the issue regarding access was econsidered The City has received a letter from John Carroccio representing l Paul Sterns Company, the contractor for Dr. William Nelson who now owns Lot 14 The letter indicates that time is of the essence in receiving the building permit since Dr Nelson has sold his home and did not anticipate construction delays. Director Dilletud requested that the Council determine %%hether to revise the access or to authorize the issuance of the building permit es is. He stated that City Attorney Meller has reviewed this matter from a legal perspective and recommends that the permit be granted as requested with access to Sunset Trail Dan Witkowski, 405 Cottonwood Lane, stated the tesidents in the Wood P0:-Ite Estates area have been consistently opposed to a Sunset Trail access for Lots 2 and 14. He stat J - the subdivision developer, Mr. Orr, has misrepresented information and indicated that the residents' motives for opposing the access are solely selfish. Mr. Witkowski stated residents object to the change in the Development Contract without a public hearing or notice to Wood Pe;nte Estates residents. He stated residents initially were concerned about the size attJ value of the proposed housing, however, that issue :s resolved. Some residents have concerns with the orientation of the housing because the rear yard Hill face the cut -de -Fac, as well as with damage to wetlands and to trees He stated the n ejor issue Special Council Meeting November 30, 1992 Page 431 is public safety, and forty-eight of fifty residents in the neighborhood signed a petition objecting to access to Sunse; Trail for Lots 2 and '4. 1 ir. Witkowski quoted various staff reports and letters relating to the original plat approval in 19R8. He stated the documents show that concerns were expressed at that time by staff, ;ht; Planning Commission, i rsidents, and the Council regarding access to Sunset Trail for these two lots The concerns related to traffic and safety issues, including sight distance and traffic speed. He stated the original preliminary plat was denied because it was unresponsive to the City policy of restricting access to major roadways. The approved plat was amended to prohibit access from Lots 2 and 14 to Sunset Trail. He stated that Mr. Orr was awrre of the physical constraints of the property when the development was started He believes that Mr. Orr should comply with the conditions on the original plat, and %hould not have requested earlier this year that access to Sunset Trail be amended for the two lots. Mr. Witkowski stated that residents built homes in Waod Pointe Estates with the understanding that access would not be allowed. He referenced a signt distance analysis for W000 Pointe Estates conducted by Benshoof and Associates in 1988, and stated that a Hennepin County representative recently indicated the study was incomplete. he stated the study should have included speeds along Sunset Trail, review of the traffic volume, review of speeding and other moving violations, consideration of the roadway slope, and visibility during snow and rain In addition, the study does not address access from the western portion of Woodpointe Estates. Mr. Witkowski stated that Benshoof and Associates has agreed to provide the Wood Pointe Estates residents with a counter study considering additional items. Ile stated this is a heavily traveled roadway with twc primary schools, a secondary school, two parks, day care facilities, and school bus stops within three blocks. He presented information obtained from Plymouth police regarding speeding violations along Sunset Trail. He stated that there is also a "blind spot" along Sum et Trail at this location, and cited an example of an accident which occurred on October 9 where a doi was struck by a car. Mr. Witkowski presented a letter which he stated had been reviewed and signed by City Engineer Faulkner indicaints that when he had reviewed the Benshoof and Associates study and the Woud Pointe Estates file earlier in year in order to make the recommendation to the Council to allow Lots 2 and 14 access to Sunset Trail, there were some key points regarding Wood Pointe Estates missing from the tile. Mr. Witkowski asked if sale of Lot 14 was contingent on gaining access to Sunset Trail. Mr. Orr responded that access was not a contirgeticy of the sale. The revised access to Sunset Trail for Lot 14 was approved before the sale. Councilmember Tierney questioned the proposed location w the dw .-ways and ace ess for Lots 2 and 14, if the Council voted to again prohibit Sunset 1'rad acres. V Special Council Meeting Novembei 30, 1992 Page 432 Mr. Witkowski stated the easements for driveway access to 5th Avenue are still in place. Councilmember Tierney expresseJ concern about the large amount of wetlands and trees that would likely be damaged if the Development Contract was amended and driveway access to 5th Avenue was required, rather than Sunset Trail. Dick Morris, 6600 France Avenue South, Minneapolis, stated he is an atton;ey representing J. Paul Ste: rns Company, the previous owner of I of 14. He stated that J. Paul Stw ns Company purchased Lot 14 from the developer after the Council amended the Development Contract and allowed access to Sunset Trail. He stated that if the amendment had not been approved by the Council, J. Paul Stearns Company would not hay.- purchased the lot. They have now resold the property to Dr. Nelson. He stated that Dr. Nelson has sold his present home and is anxious to have his building permit issued so construction can begin. Mr. Morris stated that in order to amend a contract, all parties to the contract must agree to a change. It is his opinion that the Council cannot unilaterally amend the Development Contract to prohibit access from Lot 14 to Sunset Trail This situation is further complicated because the developer who signed the original contract and the amendment no longer has a legal interest in Lot 14. He stated that direct access to Sunset Trail for these two lots will not be a unique or unusual situation, as there are many driveways that directly access Sunset Trail in other subdivisions Mr. Morris stated that limiting access to Sunset Trail will not resolve speeding problems that may exist. Marc Kruger, 11395 5th Avenue North, stated he is the owner of Lot 12, Wood Pointe Estates, over which the driveway easement exists for Lot I, He stated that he purchased his property with knowledge of the easement; however, construction of the driveway in the original location would harm the aesthetic value of the creek which runs along the easement and would require t`re removal of many trees He believes his lot would be lees salable if the driveway were constructed on the easement, and he prefers that accese be allowrd from Lot 14 directly to Sunset Trail. Karen Peckels, 410 Cottonwood Lane, stated she is the owner of Lot 4, Woad Pointe Estates, over which the driveway easement exists for Lot 2. She stated that construction of the driveway in this easement would negatively affect the value of her property and she urged the Council to retain the Sunset Trail direct access for Lot 2. Carl W. Unrath, 11209 Sunset Trail, stated he owns the lot across Sunset Trail from Lots I ai,d 2, Wood Pointe Estates He asked if L.e grading being done on Lots 1 and 2 will affect the drainage on his lot. 14e asked if further filling will be dcne, where the driveway will be located, and about the zoning Director Moorc responded that one single family dwelling is proposed to be constructed on each lot and Lots I and 2 will share a common driveway lie believes that the majority a 0 Special Council Meeting November 30, 1992 Page 433 of filling is completed. In order to till the lots, the owner had to extend a drainage pipe under Sur % Trail. Mr. Unrath asked if water through the drainage pipe is likely to back up into his yard. Director Moore responded that the drainage capacity remains unchanged front what existed prior to the work on Lots 1 and 2. Public Safety Director Gerdes addressed the issue of speeding on Sunset Trail, He stated that enforcement action in this area has been increased. There is not a disproportio.!ate amount of speeding on Sunset Trail as compared to similar streets in the City. He stated that from a public safety perspective, if citizens comply with the speeds in this area, the roadway is safe. Councilmember Vasiliou asked if the public safety concerns about Sunset Trail have changed since 1988. Director Gerdes stated that Sunset Trail was previously s county road with a greater amount of traffic. He clarified that he is only addressing the speeding issue with respect to public safety -- not engineering design standards of the roadway Jim Orr, 10580 Wayzata Blvd., Minnetopka, stated that this subdivision has not posed problems for area residents. He stated that he used the rppropriate channels to make the request for direct access to Sunset Trail for Lots 2 and 14 earlier this year. In that request, various reasons were listed as to the reason :hat Sunset Trail access is preferable to the original access. Mr Orr stated the Council approved the revised acce3s on September 21, and Lot 14 was sold after that date. Ile seriously questioned whether BFnshoof and Associates would provide a report to counter their previous report, and stared that Mr. Witkowski's statements that the developer had lobbied the City Council to obtain the access change are untrue. Councilmember Vasiliou stated that she is disappointed in the way in which Mr. Orr has conducted his business with the neighbors. She stated that this entire issue could have been avoided had Mr. Orr t,ommunicated with the existing Wocd Pointe Estates residents his intentions to request that the access be amended. She stated that tate staff may have erred in not realizing that this request was significant because the Council approved the item on the Consent Agenda, without discussion. Mr Orr responded that he t.nd contacted three persons in the subdivision about the request. Councilmember Tierney agteed that the resident% %hould have been advised of his request, and again expressed concerns about the aesthetics of the original design which would Special Council Meeting November 30, 1992 Page 434 damage trees and possibly tate stream. She belic%ies that access to Sunset Trail is more aesthetically pleasing to the Wood Pointe Estates development. Councilmember Hellitva!1 asked where the current property owner, Dr. Nelson, wants the driveway constructed. Dr. William Nelson, 2141 Perry Avenue North, stated he is aware that the lot access was originally through a driveway easement to the cul-de-sac. however, through working with I Paul Steams, it became oovious that Sunset Trail access was more desirable. The wooded nature of the lot could be retained and the home will face Sunset Trail. He still intends to build a trail to the cul-de-sac along the driveway easement. Dr. Nelson stated he purchased the lot with the understanding that access to Sunset Trail had been approved by the City Council. Mr. Witkowski stated that although he believes the process for approval of the Sunset Trail access was at fault, the staff has assisted the neighbors as much as possible on this issue. He blames the developer for this situation due to miscommunication with the existing residents. He stated there is a precedent of problems and key elements were missing from the traffic study. Councilmember Edson asked staff to comment on the validity of the traffic study. Director Moore stated that the engineering division checked the sight distance at the time of the 1992 request for the change in access. Based on the Minnesota Department of Transportation manual, there was adequate sight distance to allow the amended access. He stated that a traffic study typically does not cover some of the items listed by Mr. Witkowski as missing from the study. For example, the study may not take into account all types of weather. Drivers have a respensibility to take into account the roadway conditions such as snow and ice and drive at a safe speed - which may be less titan the posted limit. Baszd on the prescribed distances for stopping, there are adequate sight distances. Counciln•tmber Vasiliou stated that the letter presented by Mr. Witkowski and signed by Engineer Faulkner indicate that recummendations were made by staff to re%ise the access earlier this year without all the information as documents were missing front city files. She stated the Council made a decision to approve the revised access without a'I the information because the issue was placed on the Consent Agenda, and the staff report did not address the history of this issue. She stated the Council decision may have been different had all the information bucen presented and had the existing residents been notified of the request Councilmember Tientey asked if future planed street construction could reduce traffic on Sunset Trail, r Special Council Meeting November 30, 1992 Page 435 Director Dillerud stated that construction of a thoroughfare is proposed on the 6th Avenue North/Forestview Lane corridor for 1994 or 1995. He also reminded the Council that proposed 6th Avenue was removed from the Thoroughfare Guide Plan earlier this year east of Forestview Lane. Director Moore stated that the proposed constniction will not significantly reduce traffic on Sunset Trail. He stated that the current !rafft volumes on Sunset Trail are 2,400- 2,500 vehicles per day which is a low volume for a minor collector street where 3,000- 4,000 vehicles could be expected. Marcia Witkowski, 405 Cottonwood Lane, stated that traffic count may not be accurate because it was done on a day that school was not in session. Director Moore stated that traffic count studies are factored to consider these types of issues. He believed the latest study was done in 1991. Mayor Bergman stated he wished the revised access request had not been placed on the Consent Agenda earlier this year; however, the Council has taken action on that request. He stated that persons living adjacent to Lots 2 and 14 prefer the Sunset Trail access, and the public safety and engineering divisions have indicated that the Sunset Trail access does not pose a safety hazard. He also noted that the City may face legal problems if the Council attempts to amend the Development Contract without the consent of the developer and/or property owner. Councilmember Helliwell concurred with the Mayor's comments. She added that ahc believes the overall development will look better with access to Sunset Trail The orf anal driveway accesses to the cul-de-sac would look almost like long alleys She stated the police department should continue monitoring speeding in this area. Director Gerdes stated the police department will continue to monitor this area. He stated that there is no significant history of accidents in this location, possibly as the result of increased enforcement. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to take no further action on this issue. The revised access to Sunset Trail for Lots 2 and 14 would remain Councilmember Tierney stated that she is concerned about traffic safety on Sunset Trail; however, she doss not believe that two additional accesses onto this street will significantly affect public safety. Councilmember Edson stated that although there was a problem with the process, the buttom-line is that thu Citv has entered into a contract that it must honor 9 Special Council Meeting November 30, 1992 Page 436 Mayor Bergman agreed and stated that if the Council were to amend the access back to the original plan adopted in 1988, the City may be negatively affecting property values of other properties in the subdivision. Motion carried on a roll call vote- four ayes, Vasiliou nay. Councilmember Edson suggested that the procedure for considering Develupment Contract amendments be discussed by the Council at a study session. ITEM 8-13 DISCUSSION OF STALKEWIIARASSMENT ORDINANCE Mayo: Bergman stated that the City should do everything possible to address harassment and stalkers At his request, staff has provided copies of the existing Plymouth City Code sections thet relate to harassment/stalkers, as well as a copy of a new ordinance adopted in the City of Shoreview with respect to this issue. He asked if the Council is interested in adopting a similar ordinance for Plymouth so that public safety have tools for enforcement of stalkers. Public Safety Director Gerdes stated that he has reviewed the materials. The current City Code provisions address the major points relative to harassment; however, some mi,tor points of the Shoreview ordinance could be added for increased enforcement ability. He also stated that he is working w;th Senator McGowan on development of legislation relating to stalkers that may be introduced in the 1943 session. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to direct the City Attorney to draft an ordinance to amend the City Code with respect to stalkers,'harassme it for consideration by the Council Motion carred, five ayes. ITEM 8-D CITY COUNICIL INFORMATION MEMORANDUM Councilmember Vasiliou referenced the upcoming joint meeting with representatives of School District 284 She stated it would be useful to discuss issues etch as requests for crosswalks, and to jJve their staff direction on the appropriate process to use. Acting Manager Bol -les reviewed the following items in the Information Memorandum: ipcoming meetings, grand opening of Lost Lake Post Office, Old FashivnEd Christmas sponst"red by Plymouth historical Society, 1993 tentative meeting calendai, Information meeting on Soo Line whistle ban scheduled for Feb 8, Information niee)ing on proposed City Center expansion scheduled for Jan 25. 0 M Specisl Council Meeting November 30, 1992 Page 437 The Council directed that staff send letters to individuals who successfully lobbied with Twin West Chamber of Commerce for the window service at the new Lost Lake Post Office. Cou•icilmember Vasijiou stated that Mary Hill Smith is a candidate for appointment to tt.e lVietropolitan Council. She suggested that the Council send a le.er to Governor Carlson endorsing her apno:ntment. Councilmember Helliwell stated it would be better for Councilmembers to indicate their support on an individual basis. Staff was directed to draft letters foi 'Mayor Bergman and Councilmembers Edson and Vasiliou supporting her appointment Mayor Rergman staled that Agenda Item 8-C relating to a letter received regardin; the former City Manager's automobile was moved to the Information Memorandum, rather than as an action item. He stated that according to Roberts Rules of Order, only a Councilmember on the prevailing side of an issue can make a motion for reconsideratioe He stated that no Councilmember on the prevailing sicie of the issue has indicated that they with to reconsider the previous decision of the Council. He stated that Councilmembers Helliwell and Tiei ney abstained from the vote and. therefore, are not elig;bie to move for reconsideration Councilmember Tierney stated she abstained from the vote because she was not included in the original deliberations with respect to the former City Manager. She stated that she requested detailed information about the attorney billings in August and was informed *hat the City Attorne., would not itemize the billings. She asked that an itemized list of bili Ig information, including the name of the Councilmember who initiated each request, be provided by the end of the week Attorney Meller sated he had provided the requested information. He stated that his legal costs relating to the issue and listed on the billings was approximately $18,000 Councilmember Tierney stated that ner previous motion requested detail on the billings and that has not been provided. Councilmember E lson stated that the City Attorney previously indicated ho did not keep records of which Councilmember initiated each request, but he :s willing to have h:s name used for each request if that %ill satisfy the request for this information. Mayor Bergman stated his name can also lie used for each request made relative to the fut mer Citv Mana!•er issue Special Council Meeting November 30, 1992 Page 438 Councilmember Vasiliou stated that prior to her requesting detailed billing information from Holme and Graven, the Cotinzil received nothing but a summary accounting. She stated that statements have been made that a half million dollars was s7ent on the former City Manager issue. She would like the Acting City Manager and Finance Director to either itemize or refute that amount. Councilmember Tierney stated she would Pike legal billing information itemized this year to date so the Council has the sense of the cost of the current legal se. -vice. Councilmember Edson cautioned the Council that some of the infortnation can be misleading. For example, legal fees relating to a bond issue, may be reimbursed by a bond issuer and ultimately be of no cost to the City He stated the Council should be made aware of which items are reimbursable. Councilmember Edson presented cost information relating to the former City Manager issue which indicated that the total net severance cost to the City was about $89,136. In addition, there will be an annual future savings from to -a inated insurance policies of 32,136. Councilmember Tierney requested that a written copy of this information be provided to the City Council. The meeting was adjourned at 12:00 midnight. Vice, !4e ef-4--rt Le-*( ity Clerk J