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HomeMy WebLinkAboutCity Council Minutes 12-21-1992MINUTES REGULAR COUNCIL MEETING DFC EMBER 21, 1992 The regular meeting of the Plvmouth City Council was called to order by Mayor Bergman at 7:00 p.m in the Council Chambers of the City Center, 3400 Plymouth Blvd., on December 21, 1492. PRESENT: Mayor Bergman. Councilmembers Edson, Tierney, and Vasiliou ASSENT: Councilmember Helliwell STAFF PRESENT- Acting City Manager Boyles Public Works Director Moore, Community Developrrent Director Dillerud. Finance Director Hahn, Park and Recreation Di-ector Blank, Public Safety Director Gerdes, City Attorney Meller, and City Clerk Rauenhorst ITEM 4 APPROVE AGENDA MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to approve the agenda. Motion carried on a roll call vote, four ayes ITEM 5 CONSENT AGENDA MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt the Consent Agenda. Motion carried on a roll cal; vote, fot!r ayes ITEM 5-A APPROVAL. OF MINUTES MOTION was made by Councilmember Tierney, secutided by Councilmember Edson, to approve the November 30. 'December 7, and December 10, City Council minutes. Motion carried on a roll call vote, four ayes LfEM 5-8 DISBURSEMENTS FOR PERIOD ENDING 1 i-30-92 MOTION was made by Councilmember Tierney, seconded by Councilmember Edson. to adopt RESOLUTION 92-803 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOV. 30,1992. Motion carried on a roll call vote, four ayes. Regular Council Meeting December 21, 1992 Page 466 ITEM 5-C VAL AND ZACH HAIDER. C.U.P. AT 11540 BASS LAKE ROAD 02102) MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-805 APPROVING CONDITIONAL USE PERMIT FOR VAL AND ZEKE HAIDER FOR CUISINEXPRESS, A CLASS 11 RESTAURANT LOCATED AT 11540 BASS LAKE ROAD (92102). Motion carried on a roll call vote, .our ayes. ITEM 5-1) PLYNIOUTH PARTNERS U. V. AIVER OF SUB_D, ORMNANCE AND VARL%LACES AT NORTHWEST CORNER OF I•494/SCHMIDT LAKE ROAD (92114) A40TION was made by Councilmember Tierney, seconded by Councilmember E son, to adopt RESOLUTION 92-806 APPROVING WAIVER OF SUBDIVISION ORDINANCE AND VARIANCES FOR PLYMOUTH PARTNERS H LOCATED AT THE NORTHWEST CORNER OF 1-494 AND SCHMIDT LAKE ROAD 92114). Motion carried on a rull Lail vote, four ay s. MOTION %vas made by Counciltrember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-807 SETTING CONDITIONS TO BE MET FRIOR TO FILING OF AND REL.A'1 ED TO A WAIVER OF THE SUBDIVISION CODE AN:VARIANCE FOR PLYMOUTH PARTNERS U (92114). Motion carried on a roli call vote, four ayes. ITEM 5-C REDUCTION OF SITE PERFORMANCE GUARANTEE (91020) MOTION was made by Councilmember Tierney, seconded by Councilmember FAson, to adopt RESOLUTION 92-808 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR ASSOCIATION OF FREE t.t)ThERAN CONGREGATIONS LOCATED AT 3110 EAST MEDICINE LAME BOULEVARD (91020). Motion carried on a roll call vote, four ayes ITEM 5 -F -L APPRf1VING 'E L L C'E SE FOR 1993 h10'TIi7N wms made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-0"09 APPROVING KENNEL. LICENSE: FOR 1993. Motion carried on a roll call kote, four ayes. 0 Regular Council Meeting December 21, 1992 Page A67 ITEM 5-F-2 APPROVING CIGARETTE LICENSES FOR 1943 MOTION was made by CGuncillnember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-810 APPROVING 1993 CIGARETTE LICENSE APPLICATIONS. Motion carried on a roll call vote, four ayes. ITEM 5-F-3 APPROVING GASOLINE SERVICE STATION LICENSES FOR 1993 MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-811 APPROVING GASOLINE SERVICE STATION LICENSES FOR 1993. Motion carried on a roli call vote, four ayes. ITEM 544 APPROVING TARGET AND TRAP SHOOTING LICENSE FOR 1993\ MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-812 APPROVING 1993 TARGET AND TRAP SHOOTING LICENSE. Motion carried on a rol! call vote, four ayes. ITEM 5-F-5 APPROVING TAXICAB AND TAX[ DRIVER LICENSES FOR 1993 MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, 'o adopt RESOLUTION 92-813 APPROVING TAXICAB AND TAXI DRIVER LICENSES FOR 1993. Motion carrie on a roll c111 vote, four ayes. l,CF 1I 5-F-6 "PROVING 1993 AMUSEMENT LICENSES MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92.814 APPROVING 1993 AMUSEMENT LICENSES. Motion carried on a roll call -vote, four ayes 0 II Regular Council Meeting ecember 21, 1992 P, ge 468 ITEM 5-G-1 CHANGE ORDER NO, 2 FOR COMMUNITY PLAYFIELD PROJECT MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-815 APPROVING CHANGE ORDER NO.2 for Community Playfields Project. Motion carried on a roll call vote, four ayes. ITEM 5-G-2 CHANGE ORDER NO. 2, NORTHWEST TRUNK SANITARY SEWER, PHASE U. PROJECT 014 MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-816 APPROVING CHANGE ORDER NO. 29 NORTHWEST TRUNK SEWER - PHASE H, CITY PROJECT NO. 014. Motion tamed on a roll call vote, four ayes. ITEM 5-H TRANSFER FUNDS FROM PARK REPLACE TO P %RK DEDICATION MOTION was made by Councilmember Tierney, seconded by Counci'member Edson, to adopt RESOLUTION 92-817 TRANSFERRING FUNDS FROM THE PARK REPLACEMENT FUND TO THE C ITY AND COMMIINITY PARKS DEDICATION FUND AND THE NEIGHBORHOOD PARKS DEDICATION FUND. Motion carried on a roll call vote, four ayes. ITEM 5-1 SET PUBLIC HEARING FOR 1992 WEED ERADICATION AND DESTRUCTION, ROLL 2 MOTION was made by Cowicilmemher Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-818 DECL%RING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1992 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried on a roll call vote, four ayes MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-819 FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1992 WEED ERADICA'T'ION AND DESTRUCTION ROLL 2. Motion tamed on a roll call Note, four ayes 0 Regular Council Meeting December 21, 1992 Page 469 ITEM 541 COMPREHENSIVE HOIISING AFFOIWABILITY STRATEGY (CHAS) FISCAL 1992 PERFORMANCE REPORT MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-820 ACCEPTANCE OF YEAR 18 (FISCAL YEAR 1992 ENDING SEPTEMBER 30, 1992) COMPREHENSIVE HOUSING 46FFORDABU.ITY STRATEGY (CHAS) PERFORMANCE REPORT. Motion carried on a roll call vote, four ayes. ITEM 5-K AUTHORIZE NO PARKING ON COUNTY ROAD 24/MEDINA ROAD, PROJECT 031 MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-821 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON MEDINA ROAD BETWEEN COUNTY ROAD 24 AND DUNKIRK LANE AND COUNTY ROAD 24 BETWEEN KIMBERLY LANE AND HIGHWAY 55. Motion carried on R roll call Nolo, four ayes. ITEM S -L DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Tierney secon<<ed by Councilmember Edson, to adopt RESOLUTION 92-822 REDUCING Dk:VELOPMENT BOND, SEVEN PONDS THIRD ADDITION (92.005). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmen )er Tierney. seconded by CouncilmemE er Edson. to adopt RESOLUTION 92-823 REDUCING h:.: ELOPMENT BUND, SEVEN PONDS FOURTH ADDITION (92017). Motion car. ied on a roll call vote, fj,.r ayes. MOTION was made by Councilmember Tier -y, s,vonded by Councilmember Edson, tr adopt RESOLUTION 92-824 REDV ING DE LOPRL'IST BOND, HARBOR WOODS ADDITION (90093). Motion carried on a roll calk oto, four eves 0 0 LJ Regular Council Meeting December 21, 1992 Page 470 ITEM 5-111 REIMBURSEMENT FOR TRAIL CONSTRUCTION IN TYRELL STH ADDITION (88136) MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-825 REIMBURSING DEVELOPER FOR REQUIRED TRAIL CONSTRUCTION. TYRELL EIGHTH ADDITION (88136). Motion carried on a roll call vote, four ayes. ITEM S -N APPROVING 1991 WETLANDS ACT MITIGATION PLAN FOR FORSTER PRESERVE ADDITION, ERAHARI LAI T COMPANY (9204(!1 MOTION was made by Councilmember 7 ierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-826 APPROVING FILLING WFTLtNDc AND THE WETLAND MITIGATION PLAN FOR FORSTER PRESERVE. Motion carried on a roll call vote, four ayes ITEM 5-0 AGREEMENT WITH BASSEIT CREEK WATER NtANAGENIENT COMMISSION ON PLYMOUTH CREEK PARK POND IMPROVEMENT PROJECT MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 92-827 APPROVING AGREEMENT WITH BASSETT CREEK WATER MANAGEMENT COMMISSION AND DESIGNATING CONSULTING ENGINEER, PLYMOUTH CREEK PARK POND IMPROVEMENT PROJECT. Motion carried on a roll call vote, four aye:.. ITEM 5-P WATER ORALITY COMMITTEE REQ11EFT FOR FITNDING OF PUBLIC EDUCATION MATERIAL MOTION was rade by Councilmember Tierney, seconded by Councilmember Fdson, to adopt RESOLUTION 92428 AUTHORIZING FUNDING FOR STORM WATER EDUCATION BROCHURE. Motion carried on a roli call vote, four ayes ITER6-A PUBLIC, HEARING ON OFF -SALE 3.2 LIOI ORLICF.NSFI Mayor Bergman opened a puhlit hearing at 7.04 p m. on the application of Ii I Enterprises, inc, for an off -sale 3 2 liquor license it 302.0 Fe.nbro ik I ane North. No One appeared, and the hearing waa closed at 711-1 p m 0 qP Regular Council Meeting December 21, 1992 Page 471 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 92-804 APPROVING OFF -SALE 3.2 LIQUOR LICENSE FOR H.I. ENTERPRISES INC., 3020 FERNBROOK LANE. Motion carried on a roll call ate, four ayes. ITEM 7-A TOBIN REAL ESTATE._ NORTHWEST BUSINESS CAMPUS (911041 Community Development Director l%illerud stated the Planning Commission recommended approval of amend7rerts to the Northwest Business Campus MPU) Plan and Conditional Use Permit to substitute medical -related uses of the "West Suburban Health Campus" for the previously apiroved office/retail uses designated for this part of the PUD. The plan amendment proposes an additional 26,600.;q. ft. of stntcture area. The increase in scale proposed is less ! han two percent of the entire Northwest Business Campus PIID; and, approximately fou. percent of that portion of they PUD on which the West Suburban Health Campus" is pr( posed Collin Barr represented Tobin Real Est: le. He described the history and scope of the project and introduced Miles Lindber,;, t plane, with BRW, Inc. Mr. Barr explained that West Suburban Health Campus" is a 5(150 joint .•enture with Abbott Northwestern Hespital and Notth Rlemorial Hospitrl, rheir pioiec. purpose is to develop and operate a medical campus which will meet a variet, of medial needs for residents in the western suburbs. He described the various medic tl service: that mai be available in this fully - integrated health campus. Councilmember Vashiou asked for clarifir ttion on the issues of emergency services such as helicopter and ambulance services, and -peci6cally, whether these issues were discussed at the Planning Commission public hearing Director Dillerud stated that refererce was made to emergency facilities in the original Concept Plan. At the Planning Commission ttteeting, Mr. Lindberg was asked whether there would be emergency facilities Mr Lindberg indicated there would not be immediately. Mr. Lindberg staled emergency ff 6lities may be par of the plan in the filturc, but are not pan of this proposal. Councilmembcr Vasiliou stated her concern that the public hearing has been held and residents believe there are no emergency facilities proposed. She stated this neighborhood is scnsitive to development anti they should have been informed of the status of emergencv facilities at the public hearing Regular Council Meeting December 21, 1992 Page 472 Mr. Lindberg stated he met with two area homeowner associations prior to the Planning Commission meeting. They were informed that emergency facilities are not part of the short-term plan, but that it is conceivable they could be added in the long-term. Director Dillerud suggested that the Council consider this application without emergency services ana hold a new hearing late- to consider emergency services at this site. He stated that this approval would not include emergency services. Councilmember Vasiliou stated sha had spoken with Mr. Barr concerning the portion of the projec& that will not generate any tax revenue for the City of Plymouth, and ways in which some sort of service can be given back to the community _n lieu of tax dollars. She stated that Lrterfaith Outreach would like to make a proposal for in-kind services at this site. Mr. Barr stated they would meet with Interfaith representatives to consider a proposal. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Elson, to adopt RESOLUTION 92-829 APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR TOBIN REAL ESTATE FOR WEST SUBURBAN HEALTH CAMPUS LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 55 AND .NORTHWEST BOULEVARD (92104). Councilmember Vasiliou noted that the approval specifically does not include emergency facil;ties such as helicopter or ambulance. VlOtiorr carried on a roll call vote, four aves MOTION was made by Councilmember Vasiliou, seconded by Councilmemt+er Edson, to adopt RESOLUTION 92-830 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PRE'JMINARV PI.AN/PLAT AND CONDITIONAL USE PERMIT FOR ItOBIN RE 4L ESTATE LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 55 AND NORTHWEST BOULEVARD (92104). Motion carried on a rol! call vote, four ayes Councilmember Vasiliou ..rgse'ed that Mr Bsrr meet with representatives of each homeowner a, sociation to clarify the status of the emergency services. If the matter can be resolved, a public hearing may not be required for the amendment to add emergency services ITEM1I :- B BENSON-ORTH ASSOC, CUP FOR OUTDOOR STORAGE AT 14910 29CH AVENUE NORTH 020921 Community Develrpment D;rector Dillerud stated the Planning Commission rtwommended denial of the request of Benson-Otth Associates, Inc.. for a conditional use a 0 Regular Council Meeting December 21, 1992 Pa sc 473 permit for outs;de storage of boats and semi -trailers at 1491 C 28th Avenue North The applicant had been cited for ,t violation of the Zoning Ordinarre regarding the storage of pallets and boats in the truck court area and subsequently applied for a conditional use permit for a portion of that storage, and storage of semi -trailers on a permanent basis. He stated the Planning Commission recommendation was based on the findings that the request does not meet the Conditional Use Permit standards, the outside storage proposed would be injurious to the nse and enjoyment of other property in the neighborhood and adequate screening cannot be prcvided as required by the Zoning Ordinance. He stated the Planning Commission discussed the general topic of permanent outside storage of serer -trailers at industrial locations. tie cautioned the Cou til that approval of this tttiluest could be precedent -setting and would likely open the door t , many similar requests Ken Benson represented Benson -Orth Associates Inc He stated at the time :he citation for outside storage was given, he had two trailers parked parallel to the property line. He stated he would pronose a method of scre:ning for the area in which the boats would be stored He stated there are other businesses iii the community that have semi -trailers parked against the building, and he questions whether he is now in violation of the ZoninS Ordinance. He stated that 93 parking stalls are required for hip site, and he has 100, therefore, approval of the request would not pose a parking problem on the site MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adept RESOLUTION 92-831 DENT ING CONDIT19NAL USE PERMIT FOR BENSON- ORTIi ASSOCIATES, tNC. FOR OUTSIDE STORAGE LOCATED AT 14910 28TH AVENUE NORTH (92092). Councilmember Vas;aou statad that her motion for denial is based nn tht. Planning Commission findings and the f iture precedent that could be set. Motion carried on a roll call %ate, four aNes. ITEM 7-C AND 7-D GRAHAM LAND COMPANY PREL PLAT FOR THREE LATS AND LOT SIZE VARIANCES, KPUD CONCEPT PLAN, PREL. PLANIPLAT, C.U.P. AND REZONING 1920901 Community Development Director Dillerud explained requests of Graham Land Company. The ftst is a preliminary plat request to divide a 32 87 acre tax parcel into three separate tax parcels ol'7 47 acres, 14.54 acres; and 10 acres The second petition relates to the southerly parcel and requests RPUD Concept Plan, Preliminary Plan(PlatiConditional Use Permit; Zoning, and Zoning Ordinance Variance for "Forster Preserve", located northwest of the intersection of 42nd Avenue Notth and Cottonwood Lane Director Dillerud stated that the Planning Commission recommended a reduction in the number of lots t'rom 24 to 22 The developer regw. •ted a seduction of only one lot (firom 1 to 23 lots). Subsequent to the Planning Commission meeting, the developer has 0 t Regular Council Meeting December 21, 1992 Page 474 indicated that he will accept the reduction to 22 lots as recommended, and the proposed resolutions would approve 22 lots MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-832 APPROVING PRELIMINARY PLAT AND OARIANCE FOR GRAHAM LAND 1: EVELOPMENT COMPANY LOCATED NORTHWEST OF THE CORNER OF 42ND AVENUE NORTH AND COTTONWOOD 1 ANE (92090). Motion c9.Tied on a roll call vote, four ayes MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-833 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR GRAHAM LAND DEVELOPMENT COMPANY LOr'ATED NORTHWEST OF THE CORNER OF 42ND AVENUE NORTH AND COTTONWOOD LANE (92090). motion carried on a roe' call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOL11TION 92-834 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLATIPL %N AND CONDITIONAL USE PERMIT AND VARIANCE FOR GRAHAM LAND DEVELOPMENT COMPANY LOCATED NORTHWEST OF THE CORNER OF 42ND AVENUE NORTH AND COTTONWOOD LANE (92090). Motion carried on a roll call vote, four ayes MOTION was mad: by Councilmember Vasiliou, seconded by Councilmember Edson. to adopt ORDINANCE S2-31 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHWEST OF THE INTERSECTION OF 42ND AVENUE NORTH AND COTTONWOOD LANE NORTH AS R -IA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) (92090). Motion carried on a roll call vote, four ayes MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-835 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR GRAHAM LAND DEVELOPMENT COMPANY LOCATED NORTHWEST OF THE INTERSECTION OF 42ND AVENUE NORTH AND COTTONWOOD LANE NORTH (92090). Motion earned on a roll call vete. four ayes Regular Council ivi,?eLing December 21, 1992 Page 475 ITEM 7-E APPROVE. FIN NL PAYMENTS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, .a adopt RESOLUTION 92-536 REQUEST FOR PAYMENT NO. t.t AND FINAL, BASS CREEK BUSINESS PARK, STREET AND UTILITIES, CITY PROJECT NO. 008. Motion carried on a roll cRll vote, four ayes. MOTION was made oy Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-837 REQUEST FOR PAYMENT NO.5 AND FINAL, NORTH`a'EST TRLNK SANITARY SEWER - PHASE II, CITY PROJECT NO. 014. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasihou, secondeu by Councilmember Edson, to adopt RESOLUTION 92-8?8 APPROVING FINAL PAYMENT FOR COMMUNITY PLAYFIELDS. Motion carried on a roll call vote, four ayes. 1'iED1 7-F 19934997 rAEj rAL IMPROVEMENT'S PROGRAM Public Works Direct -7. door^ presented the proposed IoQ3-1907 Cnprtal Improvemerts Program (CIP). He stater) the Council annually updates the CIP to reflect plans for the upcoming year and projects proposed in future years. The Park aao Recreation Advisory Commission recommended the park portion, and the Planning Commission conducted a public hearing on the proposed CIP. Ile stated the Planning CummiFsion recommended .not the trunk sanitary sewer project which wotr:d provide service to the area north of County Road 9, west of Holly Lane and south of the Soo Line Railroad. be moved from proposed construction in 1995 to 1994. Two property ovrncrs had req,rested that this projoct be moved further ahead Following the Planning Commission meeting, Sprinusted, Inc , the City's fiitancial consultant prepared the frnanciai information and data for the proposed projects. The estimated project :osts and proposed I t,ancirig c f each project was prepared by the Engineering Division, but the consultant reviewed the financing to ensure that there were adequate prorosed revenues to fund the program as prop,iserl S,,tinK.te' verified that the r:ve;tucs are adequite'o tower `he program. Councilmember Edson nvied tha: there is a neighborhood park proposed in the CIT` For I9Q1 that has no sp:cifit d location and no design vvnrh has been done, lit, suggested that Regular Council Meeting December 21, 1992 Page 476 this be deleted. He also suggested that thv parking lot addition to Zachary Park be deleted for 1993. He asked if staff would recommend celeting the parking lot addition from the CIP or smending the construction year. Park and Recreation Director Blank stated the Council could do it either way, since they have Indicated their intent is to not move; ahead om the project in 1993. Councilmember Edson clarified that the amounts proposed for West Medicine Lake Park in 1994 are primarily land acquisition and road reconstruction - not park construction. lie stated that the proposed expenditure for the roar. in 1994 is needed for safety reasons and the possible reopening of the City beach. He asked when de%elopment of the park is proposed. Directar Blank responded that development of We st Medicine Lake Park is proposed for 1995, Councilmember Edson stated there would be no operating costs for this park unt.l 1996, and he asked what type of design is envisioned. Director Blank stated it would be designated as a ci y park it would be similar to Timber Shores Park or Parkers Lake, both of which are also on a lake. lie stated the park plan would be developed through neighborhood involven-ent. Councilmember Vasitiou concurred with deiaying the Zachar, Park parking lot expansion. She suggested that staff continue to m0ce efforts to ask the cooperation of players and their families to use the appropriate parking areas anti not psrk on residential streets and walk across private property. Site asked if this problem has improved. Ciwctoi Blank stcted that the problem has decreased Staff has notified players of r'ie pmhletr and has installed temporary no parkittg signs 'or the first few games of the ason Fie stated the police were used when possible to regulate traffic and parking. Councilmember Vasiliou stated that if there are costs i volved with parking enforcement, the costs -Mould be charged to the athletic association ,ponsoring the game. She appreciates the need for a multi -pear capital imprnvem. int plan, however, lames should not be increased to do new projects. Councilmember Edson stated the CIP is only the first p'anning step. Every project listed in the CIP would have public input and require specific Council approval. He stated the Council will consider the operating costs of any project. undertaken Mayor Bergman stated that a public meeting will be hely on January 25 at TOO p m on the proposal to expand the City Cent r, with tours of tho building fiom 30-h• 10 p m Regular Council Meeting December 21, 1992 Page 477 MOTION was made by Counciltrember Edson, seconded by Mayor Bergman, to adopt RESOI .UTION 92-839 ADOPTION OF CAPITAL IMPROVEMENTS PROGRAM, 1993-1997, deleting the Neighborhood Park and the Zachary Parking Lot Expansion from the 1993 park element. Rick Sathre, Sathre-Berggoist Inc., represented Builders Development. He stated Builders Deveiopment owns 230 acres in the NW -19 sewer district, which is 58 percent of that district. He stated they are appreciative for the Planning Commtssior recommendation that this improvement be moved to 1994 from 1995, as nosed by Public Works Director Moore in his report. However, they would like the project moved to 1993. He showed a graphic of the land and introduced Bruce VanNess of Builders Development. Mr. Sathre stated that they have sold on option a portion of the land to Lundgren Bros. Construction and would like to begin development of the property as soon as possible. Director Moore stated that the project is slated for 1994 construction in the CIP under considetation by the Council, as recommended by the Planning Commission. The Council made no further amendments to the proposed CIP. Motion carried on a roll call vote, four ayes. Councilmember Vasiliou stated that project approvals depend on market conditions. She does no. feel it is prudent to make the change requested by Mr. Sath.e tonight; however, the developer can request an amendment to the CIP at any time. ITM.M 7-G SEA ER RATE ADJUSTMENT ORDINANCE Finance D•rector Hahn stated the 1993 Sewer Fund budget which the Council recently adopted assumed a 5 percent increase in the volume rate. Th;s inc-ease is required because the Metropolitan Waste Control Commission billir, has increased the 1093 sewer treatment cost from $2,948,627 to $3,383,016 or 14 7 percent. The sales tax portion of this increase is $44,723. lie stated that even with the proposed rate increase, the 1993 Sewer Fund budget included a contribution ti-om retained earnings of $429,900. He stat -d that if the Metropolitan Waste Control Commission continues these annual incr:ases, the City will need to increase the rates a inch larger percentage in the future. Director Hahn stated the 5 percent increase is proposed only to tie volame charge The flat charges would remain the same This will result in an average sewer rate increase to residents of about percent MOT ION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt ORDINANCE 92-32 RELATING TO SANITARY SEWER CHARGES AND AMENDING SECTION 115.05(C) OF THE PLYMOUTH CITY CODE. Regular Council Meeting December 21, 1992 Page 478 Motion carried on a roll call vote, four ayes. ITEM 7-H COMPOSTING ORDINANCE Public Works Director Moore presented the proposed ordinance regulating back yard composting activities. He stated that the ordinance would be used as a tool in those instances where staff is contacted to deal with a nuisance complaint. It has b. -en drafted to afford some degree of objectivity to the officer responding to a neighbor complaint, and will provide a guideline in determining whether or not action can be taken. He stated that education through brochures, the Plymouth News, newspapers, and cable television on the proper techniques for composting, as well as the promotion of leaving grass clippings on the lawns, are part of the City's plan for the 1993 Yard Wa.,te Program. He stated that staff intends to respond to violations only on a complaint bas's. Mayor Bergman stated he has received calls from residents about the odor of composting pilcs on adjacent properties. He supports the proposed ordinance because the staff needs an objective means of enforcing nuisance complaints relating to compost piles. He stated that during the budget study sessions, the Council discussed whether to continue accepting grass clippings at the yard waste site. He has not been informed that any Councitmember wants to spend approximately $50.000 to continue accepting grass clippings at the yard waste site in 1993 for the few property owners it serves. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney to adopt ORDINANCE 92-33 RELATING TO YARD WASTE DISPOSAL AND COMPOSTING. Councilmember Vasiliou stated she supports the ordinance, but asked whether grass clippings could be accepted at the yard waste site for spring and tall cleanup Director Moore stated that grass would be accepted at the yard waste site in :993 for a specified time for spring and fall cleanup. Bags of green gr: ss would not be accepted Councilmember Vasiliou stated that she had received a phone call from a resident complaining of a neighbor's compost pile She stated the odor is offensive to the adjacent property owners and they support the ordinance. Motion carried on a roll call vote, four ayes. ITEM 7-1-1 STATUS OF PROTECTIVE INSPECTION PROGRAM Community Dei elopment Director Dillerud presented the staff report on the status of establishing the proposed protective inspection program Ht: asked the Council to advise staff if the direction isnot consistent with what the Council anticipated for a rental housing licensing and inspection program Following completion of the dreft ordinance by the City Regular Council Meeting December 21, 1992 Page 479 Attcrney, staff will conduct focus groups with affected property owners and provide a report and recommendation to the City Council. Councilmember Edson stated that it would be useful for the Council to review neighboring ci,ies' ordinances for comparison when considering the draft ordinance. Director Dillerud stated the ordinances from neighboring communities have been used in drafting the proposed Plymouth ordinance. Councilmember Vasiliou suggested that staff show the tape prod,iced by Northwest Cities regarding protective inspection programs at the tbcus group meetings. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to accept the staff report. Motion carried, four ayes. ITEM 7-1-2 COUNCIL DIRECTIVES Acting Manager Boyles reviewed the list of pending and completed City Council directives, and updated several pending directives. Councilmember Tierney provided an update on Directive 92-51 She has received a letter from one athletic association regarding th-. need for space for storage of equipment and concerns relating to adequacy and permanency of the space. She will discuss the issi ie with the other athletic associations and report back to the Council. She suggested t at the issue then be referred to the Park and Recreation Advisory Commission for consideration. ITEM 7-1-3 COUNCIL GOALS AND OBJECTIVES Acting Manager Boyles reviewed and updated the status of the City Council's Goals and Objectives. Councilmember Edson suggested that the items relating to the Fin incial Advisory Committee be separated to reflect these that have been completed and those in process. Mayor Bergman stated he would like to receive minutes (lom the i--inancial Advisory Committee. He stated this committee is similar to PRAC, Planning Commission, etc., and the Council should be provided minutes of the meetings :n order to review the members' comments. Acting Manager Boyles stated that staff will update the Council Goals a:td Objectives, and this may be a good focus document for the upconii-ig team buildins, Regular Council Meeting December 21, 1992 Page 480 ITEM 7-1-4 CAPITAL IMPROVEMENT AND PROJECT STATUS REPORTS Public Works Director Moore presented the Capital Improvement and Projekt Status Reports. Councilmember Vasiliou asked about the status of the work abutting Chelst•a Woods and stated that additional trees have been marked, presumably for removal. Director Moore stated the project construction is completed except for instillation of a grate over the concrete structure. The seed, sod, and tree restoration will he completed in the spring, and no additional trees should be removed Staff will check the status of the marked trees and report back. Councilmember Vasiliou stated that the neighbors need to be notified in advance if additional trees are scheduled for removal. ITEM 7-1-5 1991 FINANCIAL TREND REPORT Finance Director Hahn presented the 1991 Financial Trend Report and stated this is the first year such a report has been done. The report analyt:s various financial indicators and attempts to explain their potential implications. Sonic of the financial indicators are outside lite control of the City, while some suggest areas of caution that should be exercised. He stated the City, in general, is in excellent financial condition and the i iajority of the indicators are positive on both the revenue and expenditure side. He will provide the Council with the 1992 report early in 1993 MOTION was made by Councilmember Cason, seconded by Councilmo cher Tierney, to accept the 1992 Financial Trend Report Motion carried, four ayes. ITVA 74 STUDY St'SSION MCETING TOPICS The Council reviewed the pending Study Session Meeting Topics A continued study session on the topic of City Attorney services was added Mayo; Bergman requested treat options fit, a Habitat for Humanity project be added to the list Councilmember dsor requested that discussinn on requested funding for Head Start be added u% the list )f topics He reprnted that al the Icst HRA meeting, a public hearing was held to consider .imeuding the CDBG fintd designation to include this project This item was tabled by !ht HRA until the City Council could discuss the issue. This action puts 0 Regular Council Meeting December 21, 1992 Page 481 receipt of any CDBG monies on hold, and he suggested considering the issue at a January study session. He would like information on cost sharing alternatives. Director Dillenid stated staff will provide information on the proposed capital fund;ng formula and operating costs. Acting Manager Boyles suggested discussion of the following topics at a janudry 1 l study session: Requested Head Start funding, Possible Habitat for Humanity project, and City Attorney services. He also suggested that Port Autlrurity issues be discussed at a study session on January 2` Councilmember Vasiliou asked Mayor Bergman if it is his request that Coincilmembers hold Monday evenings open for Council meetings and study sessions in 1593, as ti, as done in 1992 Mayor Bergman responded yes, and risked that Councilmembers consider N40nday evenings subject to regular meetings or study sessions. ITEM 7-K CCR REPORTS Councilmember Edson reported that the HRA i• scheduled to select an architect for the Senior Housing project at its next meeting. Councilmember Tierney reported on the Nater Quality Committee and stated that the Council's approval for additional funding of public educational muterial will help educate residents aoout what drains into storm sewers and public waters. Councilmember Fdson reported on the recent School District 281 Adviso-V Council meeting The District has extended from In.00 p m. to 11.00 p.m. the available hours for Ciry use of school facilities. In response to a question by Councilmember Vasiliou, Public Safety Dircztor Gerdes stated he -mill provide an update on the liquor server licensing issue on January 4. ITEM 7-L LIIX COUNCIL INFORMATION MEMO RANDIIM Acting Man Iger Boyles reviewed the employee holiday bullet scheduled for December 23 and th. stat, is report on banking services contained in the City Council Infonnation Memmmndr.nt rrunciimeu.ber Tierney asked about the time frarn . for the banking services p:iposals Acting Manager Boyles stated the City has requested that pt oposals for banking services be provided by December 2rt Service would commence with the new bank on Regular Council Meeting December 21, 1993 Page 482 February I, 1993, and continLie through 1Q95. There are a sufficient number of checks to continue with the present bank until February 1. Acting Manager Boyles reported on the results of meetings held with the City's consulting engineers. Mayor Bergman askew if a memo received from Building Official Joe Ryan regarding fire inspections would be shared with the City's fire inspectors to receive their perspective on the issue. Councilmember Vasiliou stated the memo may be an overreaction to a single s;tuation and she asked Community D. velopment Director Dillerud if he concurs with the Building Official's memo. Director Dillerud stated he agrees with +he contents of the memo, Acting Manager Boyles reported that the City has received a $50,000 reimbursement of the $168,312 premium paid to the League of Minnesota Cities Insurance Trust This resulted in a net cost to the City of about $118,000. He stated the Trust is performing the function for which it was intended - to provide insurance coverage to cities at a reasonable cost in a less volatile market. Councilmember Vasiliou stated the City's $16,000 m:mbershio dues to the organization also need to to consideree: in determining the net cost Councilmember Edson asked if the net or gross premium amount is budgeted. Acting Manager Boyles stated he would report back Councilmember Tierney requested that the Pity's membership in the AMM he added as a study session item. The meeting was adjourned at 8.40 p.m. L kt"* L Ci6 Clerk