HomeMy WebLinkAboutCity Council Minutes 12-07-1992a
MINUTES
REGULAR COUNCIL MEETING
DECEMBER ;, 1992
The regular meeting of the Plymouth City Council was called to order by Mayor t3orgman at 7.05
p.m. in the Council Chamber s of the City Center, 3400 Plymouth Blvd , on
november 30, 1992.
PRESENT: Mayer Bergman, Councilmembers Edson, Heluwell, Tienrey and Vasiliou
rAFF PRESENT: Acting City Manager Boyles, Public Works Director Mowe, Community
Development Director Drllerud, Park and Recreation Director blank, Public Safety Director
Gerdeq. Finance Director Hahn. City Attornev Meller, and City Clerk Rauenhorst
ITEM 4A PRESENTATION - i)ISTINGUISHED SERVICE AWARD TO ERIC BLANK
Pa,iline Staples presented Park and Recreation Directer Blank 'Aith the Distinguished
Service Award from the %firnesota Recreation and Park Association
TEM 5 APPROVE AGFN 1k
MOTION was made by Coun Amember Ifell1well, seconded by Councilmember Tienley,
to approve the agenda.
Motion carried on a roll , 4: •--ite, five a, es
11F.Y1 6 CONSENT AGENDI
Items 6-A, 6-17, and 6-1 -P +,erre removed from the Consent Agenda
MOTION was made V, 'ouncilmember I lelliwell, seconded by Councilrnemher Tierney,
to adopt the Consent iq endo, as amended
Motiin curried on it rr,ll call rote, five ares
ITEM r':j% _ III ILO.; U, M_ INI.
I'Nk rl : K -lbw -11 requested that the November 16 Council minutes be amt,nded to
add viniti, •, n de h- I:d Albro at the public information meeting that the estimated cost
for contmnin it ak t.cii, grass clippings is not significant and rhdt the 0tv should look for
such a site
f'uunLihttemhcr V ,ilu SUU4L ted that :tntrcheck the tape to ensure that hose
comments are accurate
Regular council Meeting
De :ember 7, 1992
Page 440
MOTION was made by Councilmember Helliwell, seconded by Counci member Tiernej,
to direct the City Clerk to add the statements made by Ed Albro after checking the tape.
Motion carried, five ayes.
MOTION WF.; made by Councilmember Helliwell, seconded by Mayor Bergman, to
approve the Nove:tiber 16 minutes, as corrected.
M tion zai ried, five ayes.
ITEM 6-13 LOWFLL TURNER LOT CONS(: (DATION AT 3430 FERNBROOK
LANE 1921051
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney.
to adopt RESOLUTION 92-767 APPROVING LOT CONSOLIDATION FOR
LOWELL TURNER AT 3430 FERNBROOK LATE NORTH (92105).
Motion carred on a roll call vote, five ayes.
SEM 6-C GLOBAL SYSTEM&INC LOT DIVISION AT 305 BERKSHIRE LANE
9 21091
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-768 APPROVING DIVISION OF PLATTED
PROPERTY FOR GLOBAL SYSTEMS, INC. LOCATED IN THE CARLSON
CENTER SLOTH ADDITION 192109).
Motion carred on a roll call vote, five ayes.
MOTION was made by C ouncimiember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-769 SETTING VONDITIONS TO BE MET PRIOR TO
FILING OF AND RELATED TO LOT DIVISION K)R GLOBAL SYSTEMS,
INC. FOR PROPERTY LOCATED IN CARLSON CENT ER S KTh ADDITION
02109
Mogen carried on a roll call vote, five a%-r:t
ITEM 6& SET HEAgING ON OFF -SALE 3,2 L11011OR APPL•ICATII&
M01 ION :: ^a made by Coun6lmember I Ielliwell, seconded by Cuunedmentber Tierney,
to adopt RESOLUTION 92-770 SE1'11IN(: PUBLIC HEARING ON OFF -SALE 3.2
LIQUOR LICENSE APPLICATION OF H.I. ENTFIIPRISE`i INC., 3020
FERNBROOK LJ%NE NORTH.
Regular Council Meeting
Decamber 7, 1992
Page 441
Motion carried on a roll gall vote, five ayes.
ITEM 6-E LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE Ff.4
MOTION was made by Councilmember litelliweil, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-771 FINDING NO OBJECTION 1'O LAWFUL
GAMBLING EXEMPTION FOR ZACHARY LANE I?TA.
Motion carried on a roll call rote, five ayes.
ITEM 6-F POLICY REGARDING ROTATION OF BANKS
Finance Director Hahn stated the City Council has adopted a policy of rotating its
operating checking azcaunts between local banks in an effort to share business. hie
recommended that the Council amend the police to update and incorporate the latest
n. -ones of the designated banks for the nr xt several years. The rotation schedule in the
existing policy is not changed.
Councilmember Vasiliou stated that s: veral cities have recently done requests for
proposals for this service, and she re:c1mmenced that Plymouth do the same.
MOTION was made by COL.ncilmember Vasiliou, secanded by Mayor Bergman, to direct
the Finance Director to drat- a request for proposals, contact interested bank,, and report
back to the Council at the first meting in Janu -iry on additional services that are available
for holding the City's operating checking accounts.
Finance Ditertor Hahn stated that the City pays no service charges to any of the banks on
the rotation for wire transfers, checking account charges, or utility account processing.
He asked if the "ouncil wr.nts to do business only with banks in the City of Plymouth o: if
banks outside of the City should be contacted. In addition, some banks offer employees
benefits on sh,1.1-term loans, etc.
C ouncilmember Vasiliou stated she wants to ensure that the City is getting the most it can
for allowing a bank to hold the City's operating checking account. Perhaps the City could
receive interest on the balance or some other benefit for d-3ing business with one bank
over another since this has hc. mte a very competitive market.
C ouncilmember Edson stated as a point of information that the Financial Advisory
Committee has indicated that it will be reviewing the City's itt estment police or well
Councilmembers lie!liwell and Tierney asked About costs involved to chaugin,; banks at
this time, as well as how the time frame will affect City business
Regular Council Meeting
December 7, 1992
Page 442
Finencc " irec:or Hahn stated that staff had anticipated changing banks on January I in
accordance with the rotation policy previously approved by the Council. Checks have
been ordered with the new bank, and he estimated that it could take up to six months to
complete the UP process and begin business with a new bank
Acting Manager Boyles noted that the request for proposals process, as compared to the
public bidding process, allows the Council to consider items in addition to cost in selecting
a vendor. He suggested that an RFP could be written for a longer than one year perod,
perhap.. three years, and that the new policy could take effect mid -year 1993.
Councilmember Edson stated it is a gcod idea to investigate whether the City isgetting
the most it can. He stated there is no cost to the City staying with the existing bink or the
next bank or, the rotation for one mote year, and from an 1ccounting perspective, it may
be a good ilea to solicit proposals for services beginning January, 1994, rather than
changing hanks in the middle .if 1993
Councilmember Vasiliou stated she is not interested in extending the existing policy, either
with the current bank or the next bank on the rotation. She sees no reason that interested
banks canrot be contacted and a recommendation be provided to the Council by the first
of the year. She stated that perhaps a formal RFP is not needed, Staff could contact the
Plymouth b.tnks by phone to determine what additional services the City may receive and
report back to the Council on DeLember 21.
Councilmember Tierney suggested that the Council stey with the policy for one more year
and begin with a new policy in January, 1794.
Councilmember Helliwell agreed
SUBSTITUTE MOTION was made by Councilmember Edson, seconded by
Councilmember Tierney, to direct staff to contact the banks on the rotation of the City's
current policy via telephone, rather than through a formal request for proposals, within the
next week to determine what additional services each would offer fnr holding the C-ty's
operating checking accounts and allowing the staff to proceed with the best offer and
report back to the Council. The repoat is to inclune any services city employees receive as
preferred catstonters because the city docs business with that batik
Motion carried, five aves.
pq
Regular Council Meeting
December 7, 1992
Page 443
ITEM 6 -GI ORDER PRELIMINARY REPORT, BRIDLEWOOD FARM 3RD
ADDITION, PROJECT NO. 304
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-772 RECEIVE PETITION AND ORDERING
PREPARATION OF PRELIMINARY REPORT, BRIDLEWOOD FARM 3RD
ADDITION - STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO.
304.
Motion carried on a roll call vote, five ayes.
ITEM G -G2 ORDER PREL[b11NARY REPORT, PARKERS LAKE NORTH 2ND
ADDITION, PROJECT NO. 305
MOTION was mad : by Councilmember Ilelliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-773 RECEIVING REPORT AND ORDERING
PREPARATION OF PRELIMINARY REPORT, PARKERS LAKE NORTH 2ND
ADDITION - STREET AND UTILITY IMPROVEMENTS - CITY PROJECT NO.
305.
Motion carried on a roll call vote, five ayes
ITEM 6-H VARIANCE TO SUBD. f. (IDE TO EXCEED MAXIMUM STREET GRADE,
SUGAR HILLS IST ADDITI(&
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-774 APPROVING VARIANCE REQUEST,
PLYMOUTH CITY CODE SECTION 500.17, SUBDIVISION 4, (STREET
GRAVES) SUGAR f1ILLS FIRST AUD171ON (92056).
Motion carried on a ro l cell :a:e. F,% -c ayes
U= 6-1 EXEMPTION MOM 10921 WETLAND ACT FuR PROPOSED
PLYMOUTH TECHNOLOGY YARM
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tiertiey,
to adopt RESOLUTION 92-775 AUTHORIZE. THE MAVOR TO SIGN THE
CERTIFICATE OF EXEMPTION AND FINDINGS O FACT FORM,
WETLAND ACT 1991, PLYMOUTH TECHNOLOGY PARK.
Motion caiiied on a roll call vote, fKe aye -1.
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Regular Council Meeting
December 7, 1992
Page 444
ITEM 6-J SFT PUBLIC HEARINGS TO CONSIDER STREET VACATIONS
MOTION was made by Councilmember Helliwell, seconded by Councilm,snber Tierney,
to adopt RESOLUTION 92-776 ORDERING PUBLIC HEARING ON THE
PROPOSED VACATION OF STREET, CURB AND GUTTER, SIDEWALK, AND
UTILITY EASEMENT, LOTS 2 AND 3, BLOCK 39 AND LOTS 2 AND 39 BLOCK
4, RIDGECREST ADDITION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember He,liwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-777 ORDERING PUBLIC HEARING ON THE
PROPOSED VACATION OF A PORTION OF 49TH AVENUE FORMERLY
CREST VIEW DRIVE ANn WELLiNGTON DRIVE, FORMERLY HIILSIDE
AVENUE IN SKYLINE H.LLSq UNIT NO. I.
Motion carried on a roll call vote, five ayes
ITEM 6-K ORDER STREET LIGHTING AT 335 BERKSHIRE LANE
MOTION was made by Councilmember Helliwell, seconded by Councitmember Tierney,
to adopt RESOLUTION 92-778 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING - 335
BERKSHIRE LANE NORTH.
Motion csrried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-779 RECEIVING REPORT AND ORDERING
PROJECT • STREET LIGHTING, 335 BERKSHIRE LANE NORTH.
h1ation carried on a roll call vote, ire ayes.
IT.LNI 6-1, D VEL OP IE ('ON'rR CT BOND RED ICTIIONS
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-780 REDVC'ING DEVELOPMENT BOND, SUNSET
VALLEY HOMES ADDITION 48'+0:1).
Motion carried on a roll call vote, fire ayes
is
Regulat Ccuncil Meeting
December 7 1992
Page 445
MOTION was made by Councilmember He:liwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-78' REDUCING DEVELOPMENT BOND,
PLYMOUTH POINTE ADDn !ON (92034).
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember lislliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-782 REDUCING DEVELOPMENT BOND,
CHURCHILL FARMS 3RD ADDITION (92021).
Motion carried on a roll call vote, five ayes.
MOT!ON was made by Cot_ncilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-43 REDUCING DEVELOPMENT BOND,
CHURCHILL FARMS 4TH ADDITION (92022).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-784 REDUCING DEVELOPMENT BONA, CURTIS
LAKE A DDI TION (90105).
Motion carried on a roll call vote, five ayes
MOTION was made by Counci!member Helliwell stconded by Councilmember Tierney,
to adopt RESOLUTION 92-785 REDUCING DEVELOPMENT BOND,
GOLFVIEW ESTATES ADDITION (91047).
Motion carried on a roll call vote, five ayes
MOTION was made by Councilmember Hel!i%%ell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-786 REDUCING DEVELOPMENT BOND. HARBOR
WOODS ADDITION (90093).
Mction carried on a roll call vote, five ayes.
Mayor Bet-bman asked if there are sufficient funds remaining in the development bcnd for
Bass Lake Hills addition to cc. ger replacement of existing dead trees.
Public Works Direc:toi Moore stated this proposed development bond -eduction only
covers the public improvei,.ems
Community Developmert Director ! )illenrd stated he will repoi t back coo the status of the
site perforatince guarantct on this project.
Regular Council Meeting
December 7, 1992
Page 446
MOTION was made by Mayor Bergman, seconded b) Councilmember Edson, to adopt
RESOLI'TION 92-787 REDUCING DEVELOPMENT ItOND, BASS LAKE
HILLS 1DDIYION (88060).
Moticn carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt
RESOLUTION 92-788 REDUCING DEVELOPMENT BOND, BASS LAKE
ItI.,LOS ADDITION (88060).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to adopt RESOLUTION 92-789 REDUCING DEVELOPMENT BOND, SEVEN
PONDS SECOND ADDITION (91062).
Motion canied on a roll call vote, five ayes.
MOTION was made by Councilmember HeWwell, secc:.ded by Councilmember Tierney,
to adopt RESOLUTION 92490 REDUCING Dr.VELOPMF NT BOND, SEVEN
PONDS THIRD ADDITION (92005).
hInti^n carried on a roll call vote, five ayes.
MOTION was made by Councilmember Whit. ^Il, seconded by Councilmember Tiemey,
tc adopt RESOLUTION 92-791 REDUCING DEVELOPMENT BOND, SEVEN
PONDS FOURTH ADDITION (92017).
t lotion carried on d roll call vola, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tlenrey
to adopt RESOLUTION 92-792 REDUCING DEVELOPMENT BOND,
tD%WTHORNE PLACE ADDITION (90006).
Motion carried on a roll call vote, five ayes.
N101 ION was made by Councilmember lielliwell, seconded by Councilmember Tiernev,
to adept RESOLUTION 92-793 REDUCING DEVELOPMENT BOND, ZACHARY
11EIG4TS ADDITION (88042).
Motion :anied on n roll call, cote, five ayes
F
Regular Council Meeting
December 7, 1992
Page 447
MOTION was made by Councilmember I lelliwell, seconded by Councilmember Tierney.
to adopt RESOLUTION 92-794 REDUCING DEVELOPMENT BOND* BASS
CRI.: K BUSINESS PARK ADDITION (69061).
Mution carried on a roll call vote, five ayes
ITEM 7-A VACATION OF EASEMENT IN SEVEN PCINDS EAST ADDITION
Mayor Bergman opened a public hearing at 7:34 p.m. on vacation of drainage and Ltility
easement on Lots 6 and', Block 3, Scven Ponds East Addition. No one appeared, and
the hearing was closed
MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney,
to a4'-Npt RESOLUTION 92-795 AUTHOWING THE VACATION OF
DRAINAGE AND UTILITY EASEMENTS WITHIN SEVEN PONDS EAST
ADDITION.
Motion carried on a roll call vote five ayes.
ITEM 7-B OFF -SALE 3.2 LICENSE FOR SARA'S MARKET
Mayor Bergman opened a public hearing on an application for an off -sale 1.2 liquor
license for Sara's Market, 3435 Highway 169, at 7:35 p.m. No one appeared, and the
hearing was closed.
Councilmember Vasiliou asked if security problems at this location have been addressed
and how that would impact the license application.
Public Safety Dire:tor Gerdes stated that the police department continues to work with
the business on security issues, and there has not been an increase in the problems. He
stated the liquor license is an independent issue and recommended approval of the license.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to
adopt RESOLUTION 92-796 APPROVING OFF -SALE 3.2 LIQUOR LICENSE
FOR SARA'S MARKET I14C., 3435 HIGHWAY 169.
Motion carried on a roll call vote, five ayes
rrtm 6-A GOFF HOMES. Ml1U CONCEPT PLAN FOR ROCKYORD ESTATES
920971
Community De +elopment Director Dillerud stated the Planning Comnihsion
recommended approval of an RPIID Concept Plan for Rockford Estates, a 60 unit
townh3use project on a 16 acre site A 152 unit project was approved on this site in
Rey er Council Meeting
De nber 7, :992
Pat,, 148
1988; and, a 156 unit project was denied for this site earlier this year He stated that since
this is a Concept Plan, many items of detail that were addressed during th.- pre%ioios
review of this applicant's project proposal for this site are not addressed at tl is stage.
Detail --d issues would be addressed during future consideration of the Preliminary Plan
and Final Site Plan. The primary issues that have peen addressed at this Concept Plan
stage are the dwelling unit type, dwelling unit density, and the developer's proposal for
private streets.
Director Dillerud s, ited that although residents who spoke at the Planning Commission
public hearing felt t iat the Concept Plan was an improvement over what was previously
proposed, there was a general objection to any use of this site other than single family
homes. He stated that the Planning Commission modifitd conditions suggested by statito
include 1) That all roads within the PLD be public but the PUD Preliminary Plan design
could include proposals for setback flexib lity to bath accomplish the public street desire
and tK desire to increase the distance bet•,veen the proposed units and Xeniwn Lanell-
494; and 2) Approval of the Concept Plan be expressly conditioned on the intent of the
Planning Commission to not preclude findings that may result from the study of the
guiding of thi; site that may suggest dwelling unit density that would differ from that
which this Concept Plan proposes. The Planning Corumission indicated it would not be
their desire to consider the Preliminary Plan/Plat and Conditional Use Permit for this
proiect until the study of the guiding of this site has been completed
Counciimember Vasiliou stated that the direction by the Council to the Planning
C,immission to review the guiding of the site has not been completed, and she is surprised
the: staff would accept and process an application for a Concept Plan on a parcel where the
guiding is under consideration. She stated the Council has not recently allowed private
streets, and resident objections to private streets were expressed at the last budget hearing
She will not support private; streets in this development, and she asked if staff made the
developer aware of the Council's position tin private streets.
Director Dillerud stated the developer was notified of the Council's position on private
streets and the reasons for it. He stated that from a legal perspective, staff has an
obligation to process appintations received.
Councilmember Vasiliou asked the City Attorney to confirm this interpretation, and asked
if the Council has the option of not acting on this application until the guiding study is
resolved.
Attorney Meller concurred with Director Dillerud s commepts. He stated he would need
to further research the issue of whether the Counc I can delay action until the study is
completed.
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Regular Council Meeting
December 7, 1992
Page 449
Courcilm.ember Helliwell asked how Director Dilletud anticipates the study will affect the
guiding and this application. She also asked if some other recent developments did not
have some private streets.
Director Dillerud stated that this Concept Plan proposal may be allowed if an LA -2
guiding would be recommended. LA -2 is likely the least dense guiding that would beconsideredgiventhelocation. fie stated that the Council has directed staff that if there is
going to be individual oy4nership of the parcels in a subdivision, there should be public
streets. This is the information staff is sharing with developers during design review.
Pat Goff stated the pnvate street proposal waa made because he had assumed that a
stbndard street design with 60' right-of-way would be required within the development. A
narrower right-of-way is needed to distance the units from 4494 and Xenium Lane. He
stated that if the engineering division will recommence a 45' right -of way standard, the
current plan will wor'c with public streets He agreed that public streets would be
preferable in the development.
Public Works Director Moore stated that street standards were discussed during the
Development Review Committee meeting. Staff will consider recommending some of the
street standards recently approved in reconstruction areas The mininumn -tandard is the
Council's discretion
Mr. Goff stated that he is working with the neighh;;rs to develop this property in harmony
with the existing neighborhood He wants to keep the unit; as centrally located on the site
as possible. He asked if the Council will consider approving setback variances in order to
maint6n distance front units to 149: and to Xenium Lane
Councilmember Vasiiiou stated this is consideration of l uncept Plan only. It is not
appropriate to discuss potential setbacks or like issues at this stage.
Mr Go!Tt;.quested that the guiding study be completed as quickly as possible
Mayor Bergman stated that the guiding could possibly be amended to LA -2, however, he
does not anticipate that it would be reguided to LA -1.
Counct,member Tierney agreed and stated that LA -2 is likely the lowest guiding that will
be considered due to the close proximity of the site to the freeway and to bdstnesses.
Councilmember Helliwell stated that she has met with neighbors and they want single
family homes on the site
Mr Goff stated that he purchased the property when it was guided IA -4. tie can't make
the project financially wall..%ith •in% I; family homes no matter how manv he puts on the
parcel
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Regular Council Meeting
December 7, 1992
Page 450
MOTION was made by Mayor Bergma-t, seconded by Counciimember Tierney, to adopt
RESOLUTION 92-797 APPROVING RESIDENTIAL PLANNED UNIT
DEVELOPMENT CONCEPT PLAN ICOR GOFF HOMES, INC., FOR
ROCKFORD ESTATES (92097), with no private streets in the development.
Councilmember Vasiliou asked Mr Golff if he owi; the property.
Mr. Goff stated yes.
Motion carried on a roll call vote, five ayes.
ITEM B -B FORBRAGD AND HARSTAD. MPIID FINAL. PLAT rOR SUGAR HILLS
FIRST ADDITION (920561(MPUD 92-11
Community Development Director Dillerud stated that the City Council previously
approved an MPUD Concept Plan, Preliminary Plan/Plat, and Conditional Use Permit for
Sugar Hills. The Final Plat proposal covers the entire 106 acre MPUD area, but only plats
lots for 10 single hinlily detached sites at 37th Avenue and Vicksburg Lane. The
developer has returned the Development Contra.:t executed, but has submitted a letter
objecting to certain assessment issues in the Contract The applicant objects to the
requirement that the dev-doper pay one-halrthe cost of new ltd turn lanes on Vicksburg
Lane at 37th Avenue North. The developer instead proposes paying no more than 10
percent of the cost of those lefi turn lane improvements based on his traffic consultant's
ane!ysis of the prorated traffic related to this development. Director Dillerud stated that
the City Engineer r -commends a 50 percent cost participation by the developer and cites
reasons in his staff report.
Public Works Director Moore stated that the left -turn lane improvements were discussed
during consideration of the preliminary plat. The Council decided that because of safety
concerns, there should be a left -turn lane et the intersectinn of 37th Avenin and Vicksburg
Lane Staff had originally proposed that the developer pay 100 percent of those costs;
however, that recommendation has been revised to a 50 percent cost shoring between the
developer and City. He stated that without the left -tum lane, traffic turning into the
development is waiting in a through lane on Vicksburg Lane. This would be a safety
concern on a minor arterial stres
Bruce Malkerson, 3200 Piper, Jatii-ey Tower, Minneapous, :toted he is the feral
representative for Mr. Forbragd. Fie - tried that at the preliminary plat stage, the
developer argued that left -turn lanes were not needed; howevtr, the Council determined
that the lanes had to be constructed tie st ited at that time !hero. was no di.cus:ion about
the cost of those improvements or tl a propnsed cost sharing ,vrargement Following that
meeting, staff proposed a 50 percent arrangement. He suggested that the developer
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Reguiar Council Meeting
December 7, 1992
Page 451
should pay 10 percent because this is a fair charge for the amount of traffic that will be
generated by this development.
Mr Malkerson stated there is no spe%.ific sumtory or Plymouth City Code authority to
allow a City to require a developer to build or pay for off-site improvements. He state -d
the devekaper should only be responsible for installation of improvements within the
subdivision
Don Ring.ose, BRW, stated this site was previously guided for denser land uses, and
Vicksb, .g Lane was constructed antici-mong those higher uses. He stated that cost-
sharing for the left turn lane improvements was not discussed during consideration of the
preliminary plat. Mr. Ringrose stated the improvement costs are estimated at $137,000 to
construct left -turn lanes in both directions. He stated that a large portion of this cost is
due to the required widening of Vicksburg Lane for a length of about 860' in order to
accommodate the left turn lanes. He stated the roadway is 72' wide to the north and to
the south; however, tete segment is narrowed in the area of 37th Avenue. He stated if
Vicksburg Lane had been constructed consistently at 72', rite cost of the left -turn lane
improvements would probably be about $40,000 to $50,004.
Mayor Bergman asked if the developer is pr -posed to be charged for left -tum lanes in
both directions.
Director Moore stated no. Construction must be done on both sides of the intersection,
but the cost for the southbound left-xrn lane is net the deveiopees responsibility.
Mayor Bergman stated that only on. (if the 101 --turn lanes has access to the development.
The .leveiopment will benefit front that left -turn lane and the widened street area for
deceleration lie stated that Vickshrrg Lane will be under general reconstruction, and he
suggested tnat the widening perhaps i-.ould be done under that program with costs
assessed to all benefiting properties.
Directcr Moore stated there is no E roposeo assessments for one-imit o; t.•e cost of the
improvements for southboend Vicksburg Lane to the cast. That subdivision does not
directly access Vicksburg Lane
Councilmember Tierney asked why Vicksburg Lane way not nrigitrallp constructed at a
consistent width the ough mis arca.
Directcr Mnore stated Ile did not know, but Ircrltaps could determine the reason with
research.
Councilmember Nelli%tiell stated that the I larstad develop -ant on County Road 47 has
three deceleration lames She itsked if the developer maid tltc fill cost for those
rmptuvements
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Regular Council Meeting
December 7, 1992
Page 452
Director Moore stated that the developer paid the cost for the improvements; however,
this is a county road and deceleration lanes are required. Thele vanes are not required on a
City street.
Mr. Ringrose stated the developer had no choice but to locate the access street to the
subdivision in this location. He doesn't disagree with the basic street design; however, if
Vicksburg Lane had been wider when constructed, the cost of the left -turn lane
improvements would be significantly lower. He again noted that the development
accounts for less than 10 percent of the traffic on this roadway accord:iag to the traffic
study requested b, the developer. He stated that a reasonable cost -shearing would be for
the City to pay the entire cost for the street widening and one-half the cost of th : turn
lanes, and the developer to pay one-half the cost of the left -turn lanes.
Mayor Bergman suggested that staff consider alternatives with the developer for cost-
sharirg and provide a recomrnerdation to the Council. He asked how this would affect
the time frame for the project.
Mr. Malkersun stated that the developer has worked on this project for three years and is
anxious to gain final plat approval. He stated that the developer has executed the
Development Cnntract and would rather have the final plat approval now with the existing
cost-sharing arrangement, if the Council will consitie. revising the cost-sharing issue later.
MOTION was made by Councilmember Vasiliou, se. coded by Mayor Bergman, to adopt
RESOLUTION 92-198 APPROVING MPUD FINAL PLAT AND DEVELOPMENT
CONTRACT FOR FORBRADG AND HARSTAD FOR "SUGAR HILLS FIRST
ADDITION" LOCATED IN THE NORTHWEST QUADRANT OF STATE
HIGHWAY 55 AND VICKSBURG LANE (92956) (MPUD 92-1).
Motion carried on a roll tall vote, five ayes
MOTION was made by Counctlmpmber Vasiliou, seconded by Mayor Bergman, to adopt
RESOLUTION 92.799 SETTING CONDITIONS TO BE MET PRIOR TO FILING
OF AND RELATED TO FINAL PLAT FOR FORGRAGD AND HARSTAO FOR
SUGAR HILLS FIRST ADDITION" LOCATED IN THE NORTHWEST
QUADRANT OF STATE HIGHWAY 55 AND VICKSBURG LANE (92056)
MPUD 92-1).
Motion carried an a roll call vote, fire a% es
Regular Council Meeting
December 7, 1992
Page 453
ITEM S -C BOA kD AND COMMISSION VACANCIES AND OFFICIAL NEWSPAPER
Acting Manager Boyles requested that the Council provide direction on the steps and
timeline desired for board and commission vacancies an,! for designation of the official
newspaper.
The Council directed staff to contact all first -term commissioners whose terms are
expiring to determine if they are interested in reaprintment to another term. Staff should
also solicit information from the newspapers relating to advertising costs and distribution.
Mayor Bergman asked if items of major importance or broad interest are being published
in both the official paper, the Plymouth Sun Sailor, and in the Weekly News. He cited as
an example future construction projects
ITEM 8-D FINAL FAYXENT - NEIGHBORHOOD PARKS
Councilmember Vasiliou noted that a letter from the engineer on the Neighborhood Parks
P-oject indicated that adjustments to the bid amount were necessary during construction
due to inconsistenc'es in survey data and to accommodate the design's intent with the
existing parks. She asked if the specifications were incorrect.
Park Director Blank stated that one adjustment relates to a faulty elevation on a survey.
The survey was not conducted by the City. The major overrun relates to correction of a
drainage problem to a prol erty on I Ith .Avenue which was encountered during the IOth
Avenue Park project.
Councilmember Vasiliou stated that the City should not pay for inconsistencies in the
survey. If the mistake was made by the City, then the City should r -y the added amount.
However, if the mistake was made by someone other than the City, the amount should be
deducted from the cost and not paid by the City.
MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt
RESOLUTION 92-800 APPROVING FINAL PkYMENT.
Motion carried on a roll call vote, four ayes, Vasiliou nay.
ITEM 8-E NRA MPOINTMENT
Acting Manager Boyles presented copies of the applications received from residems for
appointment to a term to expire January, 3 I, 1995, on the Hoasing and Redevelopment
Authority
Councilmemher Tiemev suggemed that inteivieNs he conducted %kith all applicants
Regular Council Meeting
December 7, 1992
Page 454
The Council directed staff to schedule the interviews immediately prior to the City Council
meeting on January 4.
ITEM &F PROPOSED 1993 CITY COI NCR. MEETING CALENDAR
The Council reviewed the proposed 1993 meeting calendars. No changes were made.
ITEM &G STUDY SESSION MEETING TOPICS
Councilmember Vasiliou stated that at the joint meeting with School District 284
representatives, they indicated an interest in meeting with the City Council and/or staff on
a quarterly basis.
Councilmember Edson stated that the Government Advisory Committee meeting serves
this purpose for School District 2G 1. He suggested that perhaps District 284 should
consider initiating this type of committee.
Staff was directed to send a letter to School District 284 suggesting that they initiate a
Government Advisory Council.
Mayor Bergman stated that the Council has not been provided with minutes from the
Financid Advisory Committee. This is particularly important when the Cotranittee is
making recommendations to the City Council.
Councilmember Edson agreed and stated that staff should provide a memo with the
Committee's recommendations if minutes are not provided.
Councilmember Tierney asked what the next step is in establishment of a Human Rights
Commission. She suggested that this issue be placed on the list of vending study session
topics and for staff to research other cities for information on their Human Rights
Commissions.
Mavor Bergman requested that project alternatives with Habitat for Humanity be added to
the study session topic list. He stated that the Council could approve a project in
conjunction with that organization, or using their ideas, do a project with only City
participation
Councilmember Edson suggested that the first step is to direct staff to check liability and
insurance issues on volunteers Min would work on the project. lie stated the City may
not be in s position to solely administer this type of prn'ect; whereas, I labttat for
I umanity has addressed there liability issues
Regular Council Meeting
December 7, 1992
Page 455
The Council directed the City Attorney ani Finance Director to address the legal issues of
using volunteers and related insurance/liability concerns.
ITEM &H CITY COUNCIL INFORMATION MEMORANDUM
Acting Manager Boyles reviewed upcoming meetings.
Councilmember Edson suggested that it would be appropriate to conduct the 1993 Town
Meetings by wards, rather than the previously established Town Meeting areas.
Acting Manager Boyles asked if t1.e Council
as well.
The Council responded yes.
wanted to appoint commissioners by wards
Councitmember Vasiliou requested that staff send a letter to Jack MacBtan thanking him
for his efforts in lobbying for window service at the new Lost Lake Post Office
The meeting was adjourned at 9:18 p m. to the Budget Study Session at 7:00 p.m. on
December 10.
1 ' s
Ci Clerk