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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. e 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. 0 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 W 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 0 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 0 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