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HomeMy WebLinkAboutCity Council Minutes 08-07-1996Minutes Regular Council Meeting August 7, 1996 The regular meeting of the Plymouth City Council was called to order by Deputy Mayor Lymangood at 7:00 p.m., in the Council Chambers in the City Center, 3400 Plymouth Blvd., on August 7, 1996. COUNCIL PRESENT: Deputy Mayor Lymangood; Councilmembers Black, Anderson, Wold, and Granath. ABSENT: Mayor Tierney and Councilmember Preus. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and Deputy City Clerk Hoffman. Item 3-A Forum Item 4-A No one appeared at the Forum. Deputy Mayor Lymangood displayed a pin received during the National Night Out activities. He reported that 93 community groups participated in activities throughout Plymouth. He directed members of the public to call City Hall for information about participating in next year's activities. Item 5 Approve Agenda Manager Johnson introduced revisions of several items on the agenda. He attached to Item 6-E a revised copy of the resolution which corrected an earlier typographical error. He attached a revised copy of the resolution to Item 6-M, in which a sentence was added to clarify the use of cable facilities subservient to the City. Manager Johnson inserted a revised copy of Item 6 - DD with additional information and a resolution on the issue in the report. Deputy Mayor Lymangood noted that all resolution votes from the Chair would be in the affirmative unless otherwise stated. Motion was made by Councilmember Black, seconded by Councilmember Granath, to approve the agenda. Motion carried, five ayes. Item 6 Consent Agenda Councilmember Anderson requested that Item 6-F be removed from the Consent Agenda, and placed under General Discussion as Item 9-B. Motion Regular Council Meeting August 7, 1996 Page 2 was made by Councilmember Anderson, seconded by Councilmember Granath, to approve the Consent Agenda. Motion carried, five ayes. Item 6-A Approve Disbursements Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-399 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 26,1996. Motion carried, five ayes. Item 6-B C.G. Rein Industries, Inc. (96044) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-400 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR C.G. REIN INDUSTRIES, INC. 96044). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-401 APPROVING PRELIMINARY PLAT, SITE PLANS, CONDITIONAL USE PERMITS, AND VARIANCES FOR C.G. REIN INDUSTRIES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF HIGHWAY 169 AND SCHMIDT LAKE ROAD (96044). Motion carried, five ayes. Item 6-C Community Roadside Landscaping Partnership Program Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-402 AUTHORIZING APPLICATION FOR THE COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM. Motion carried, five ayes. Item 6-D Holle Construction Company, Inc. (96080) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-96-403 APPROVING AN MPUD PRELIMINARY PLAN AMENDMENT, CONDITIONAL USE PERMIT AND FINAL PLAN AMENDMENT FOR HOLLE CONSTRUCTION COMPANY, INC. FOR PROPERTY LOCATED AT 2700 CAMPUS DRIVE (96080). Motion carried, five ayes. Item 6-E Hennepin County (96090) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-96-404 APPROVING CONDITIONAL USE PERMITS, VARIANCES AND SITE PLAN FOR HENNEPIN COUNTY FOR PROPERTY LOCATED AT THE ADULT CORRECTIONAL FACILITY. Motion carried, five ayes. Regular Council Meeting August 7, 1996 Page 3 Item 6-G Julia Rozhonsky (96097) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-405 APPROVING CONDITIONAL USE PERMIT FOR JULIA ROZHONSKY FOR A PARTICIPATIVE ATHLETIC USE IN AN INDUSTRIAL BUILDING (96097). Motion carried, five ayes. Item 6-H Daniel Development Company (96091) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt a RESOLUTION APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR DANIEL DEVELOPMENT COMPANY FOR PROPERTY LOCATED SOUTH OF COUNTY ROAD 10 AT TRENTON LANE NORTH (MPUD 94-1) (96091). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt a RESOLUTION ADOPTING ASSESSMENTS THE PONDS AT BASS CREEK 3RD ADDITION CITY PROJECT NO. 620 WATERMAIN AREA. Motion carried, five ayes. Item 6-I League of Minnesota Cities Rights of Way Task Force Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-406 APPROVING CONTRIBUTION OF $2,375 TO LEAGUE OF MINNESOTA CITIES PUBLIC RIGHTS OF WAY TASK FORCE PROJECT. Motion carried, five ayes. Item 6-J Institution Community Work Crew Program Contract Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-407 APPROVING INSTITUTION COMMUNITY WORK CREW PROGRAM CONTRACT AND AUTHORIZED SIGNATURES (DWIGHT JOHNSON, MARK PETERSON). Motion carried, five ayes. Item 6-K Abingdon Development Corporation. (96093) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-408 APPROVING RPUD FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR ABINGDON DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 4005 COUNTY ROAD 101 (96093) (RPUD 94-1). Motion carried, five ayes. Regular Council Meeting August 7, 1996 Page 4 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-409 ADOPTING ASSESSMENTS ORCHARDS OF PLYMOUTH 2ND ADDITION CITY PROJECT NO. 621 SANITARY SEWER AND WATERMAIN AREA. Motion carried, five ayes. Item 6-L Approve Encroachment Agreements for Fences in City Trail Outlot between 17020 and 17100 19'h Avenue North (96116). Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-410 APPROVING ENCROACHMENT AGREEMENTS FOR FENCES IN CITY TRIAL OUTLOT BETWEEN 17020 AND 1710019' AVENUE NORTH. Motion carried, five ayes. Item 6-M Approve Revision to Council Policy on the Use of Channel 37 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-411 REVISING CITY COUNCIL POLICY ON CHANNEL 37 OPERATING POLICIES AND PROCEDURES. Motion carried, five ayes. Item 6-N Set Hearing on 1996 Delinquent Utilities Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-412 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING AND STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-413 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT DELINQUENT WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried, five ayes. Item 6-0 Levying Assessments, Parkers Lake North 12`h Addition Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-414 ADOPTING ASSESSMENTS SANITARY SEWER AND WATERMAIN CHARGES PARKERS LAKE NORTH 12TH ADDITION CITY PROJECT NO. 622. Motion carried, five ayes. Regular Council Meeting August 7, 1996 Page 5 Item 6-P Order Public Hearing for Vacation of Right -of -Way in Block 2, Playhouse Industrial Park Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-415 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF PART OF 30TH AVENUE NORTH (NOW KNOWN AS 31sT AVENUE NORTH) RIGHT-OF-WAY IN BLOCK 2, PLAYHOUSE INDUSTRIAL PARK. Motion carried, five ayes. Item 6-Q John and Ruth Rounds. Amending Development Contract (95053) Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-416 AUTHORIZING AMENDMENT OF DEVELOPMENT CONTRACT FOR THE ROUNDS ADDITION BY EXTENDING THE CONTRACT TO SEPTEMBER 1, 1997 (95053). Motion carried, five ayes. Item 6-R Award Contract for Street and Utility Improvements, Project 537 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-417 AWARDING BID 41sT AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 5371. Motion carried, five ayes. Item 6-S Approve Final Payments Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-418 REQUEST FOR PAYMENT NO.2 AND FINAL, COUNTY ROAD 61 (NORTHWEST BOULEVARD) PEDESTRIAN SIGNAL CITY PROJECT NO. 417. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-419 REQUEST FOR PAYMENT NO. 1 AND FINAL, 1996 CRACK REPAIR PROGRAM. Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-420 REQUEST FOR PAYMENT NO.2 AND FINAL, MEDICINE LAKE OUTLET CONTROL STRUCTURE, CITY PROJECT NO. 940. Motion carried, five ayes. Item 6-T Change Order for Medicine Lake Outlet Structure, Project 940 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-421 APPROVING CHANGE ORDER NO. 1, MEDICINE LAKE OUTLET CONTROL STRUCTURE CITY PROJECT NO. 940. Motion carried, five ayes. Regular Council Meeting August 7, 1996 Page 6 Item 6-U Wetland Replacement Plan, Plymouth Trails Project, Project 417 Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-422 APPROVING FILLING IN WETLANDS AND THE WETLANDS REPLACMENT PLAN FOR PLYMOUTH TRAILS PROJECT - 1996 PARK BOND TRAILS CITY PROJECT NO. 417. Motion carried, five ayes. Item 6-V Wetlands Management Plan Challenge Grant Application Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-423 AUTHORIZING THE MATCHING OF LOCAL FUNDING AND SIGNATURE OF CHALLENGE GRANT DOCUMENTS. Motion carried, five ayes. Item 6-W Correction of Legal Description Drainage and Utility Easement Resolution 87-217 Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-424 CORRECTING THE LEGAL DESCRIPTION OF A DRAINAGE AND UTLITY EASEMENT RESERVED BY CITY RESOLUTION 87-217 DATED APRIL 6,1987 AND RECORDED AS DOCUMENT NO. 1839045. Motion carried, five ayes. Item 6-X 1997 Street Reconstruction Project City Project No. 701 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-425 ORDERING PRELIMINARY ENGINEERING REPORT FOR 1997 STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 701. Motion carried, five ayes. Item 6-Y Site Performance Guarantee Reductions and Releases Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-426 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE CALIBER DEVELOPMENT CORP./BASS LAKE BUSINESS CENTRE H (96029). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-427 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE CALIBER DEVELOPMENT CORP./NORTHWEST BUSINESS CENTRE (95131). Motion carried, five ayes. Regular Council Meeting August 7, 1996 Page 7 Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-428 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE PACKAGING SYSTEMS AUTOMATION/PARKING EXPANSION (94086). Motion carried, five ayes. Item 6-Z East County Road 9 Streetscape Improvement Planting Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-429 APPROVAL OF EAST CO. RD. 9 STREETSCAPE IMPROVEMENT PLANTING. Motion carried, five ayes. Item 6 -AA Appointment of Election Judges Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-430 APPOINTING ELECTION JUDGES FOR 1996 PRIMARY ELECTION. Motion carried, five ayes. Item 6 -BB Special Assessment Agreement for Ice Arena/LifeTime Fitness Center Parking Lot Costs Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to approve the special assessment agreement between the City of Plymouth and FCA, Ltd., d/b/a LifeTime Fitness, providing for the reimbursement to the City for the costs of asphalt, curb and gutter, sidewalk, parking lot lights, and related costs through special assessments at an interest rate of 7% for a term not to exceed 10 years. Motion carried, five ayes. Item 64 C Labor Contract with Law Enforcement Labor Services (LELS), Local 18 Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-431 APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 18, REPRESENTING PLYMOUTH POLICE OFFICERS FOR THE CALENDAR YEARS 1996 AND 1997. Motion carried, five ayes. Item 6 -DD Award Bid for Foundation and Subgrade Concrete Work at the City Ice Arena Project Motion was made by Councilmember Anderson, seconded by Councilmember Granath to adopt RESOLUTION 96-432 RESCINDING AWARD OF BID TO STEENBERG WATRUD AND AWARDING BID PACKAGE 4.1 FOR FOUNDATION AND SUBGRADE CONCRETE AND MASONRY CONSTRUCTION TO NORTHLAND CONCRETE & MASONRY CO. Motion carried, five ayes. Regular Council Meeting August 7, 1996 Page 8 Item 6 -EE Special City Council Meeting Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-433 ESTABLISHING A SPECIAL CITY COUNCIL MEETING ON MONDAY, AUGUST 12,1996, AT 6 P.M., FOR THE PURPOSE OF GENERAL DISCUSSION WITH CONGRESSMAN JIM RAMSTAD. Motion carried, five ayes. Item 8-A Roy L. "Larry" Johnson (96021) Community Development Director Hurlburt introduced the item. She stated that the staff and the Planning Commission recommend denial of the variances. She presented a map outlining the site on the shore of Medicine Lake. The petitioner requested a reduction of setbacks in order to build a home on the lot. She stated the request didn't meet criteria for granting approval. The parcel has reasonable use still available and the conditions are not unique to this parcel. Other smaller non -conforming lots exist. She said the purpose of the request was found to be an effort to increase the parcel's value, which is one criteria to deny the request. She said hardship, if any, is caused by the resident. There was some question whether the purchase was made after the current ordinances went into effect. No record was found of an earlier purchase date as the owner claimed, but earlier setback ordinances still applied to the parcel. She stated the request for a variance is inconsistent with shoreline requirements, impacting water quality and the lake itself. City Manager Johnson stated that the petitioner was not present. Motion was made by Councilmember Anderson, seconded by Councilmember Black, to adopt RESOLUTION 96-96-434 DENYING VARIANCES FOR ROY L. "LARRY" JOHNSON FOR PROPERTY LOCATED NORTH OF 30TH AVENUE AND WEST OF EAST MEDICINE LAKE BOULEVARD (96021). Motion carried, five ayes. Item 9-A Second Quarter 1996 Financial Report Finance Director Hahn presented the City's second quarter financial report. He said it showed a very positive operation. He said residential permits were down in the first quarter, but came back strong, while commercial and industrial permits were up and continuing very strong. Tax abatements are positive. He said the sewer fund continues well with the second phase of the sump pump inspection program. He stated that numbers for that program will be ready for the third quarter report, and he expected it to be positive. Councilmember Anderson thanked Finance Director Hahn for the report. He said that, while permit revenue is up, all this may stop as land that can be developed disappears. He asked for alternative scenarios on revenue generation for a time when permit revenues decline. Manager Johnson stated that the issue Regular Council Meeting August 7, 1996 Page 9 will be addressed, along with a possible loss of state revenues, as part of the 1997 budget process. The Council accepted the Second Quarter 1996 Financial Report. Item 9-13 (6-F) Plymouth Ponds Development, L.L.C. (96095) Councilmember Anderson stated that that it was Item 6-H he intended to remove from the Consent Agenda, not Item 6-F. Motion was made by Councilmember Wold, seconded by Councilmember Granath, to adopt RESOLUTION 96-435 APPROVING CONDITIONAL USE PERMIT FOR PLYMOUTH PONDS, L.K.C. FOR A PARTICIPATIVE ATHLETIC USE AT 3555 HOLLY LANE NORHT MPUD 91-1)(96095). Motion carried, five ayes. Item 9-C (6-1) Daniel Development Company. (96091) Motion was made by Councilmember Wold to reconsider Item 6-H, which had been approved earlier in the meeting. Motion was seconded by Councilmember Anderson. Councilmember Granath asked if anyone was present who represented the petitioner. No one was present. Motion carried, five ayes. City Manager Johnson noted that the review deadline for this item was before the next regular council meeting. If not acted on, the resolution would automatically take effect. Councilmember Anderson stated erosion control has not been followed appropriately in an earlier addition of this development project. He asked if there was something to be done to delay the development project until the earlier erosion control issue had been dealt with. Community Development Director Hurlburt stated that denial of the request had been explored; but not considered possible because of the nature of the approval process. She said that item 26-B in the engineering portion of the staff report pointed out that construction plans will not be approved until environmental concerns are met from the last addition. She said the City can halt construction. Councilmember Anderson stated that a beautiful wetland is not being kept up by the developer. Manager Johnson pointed to Item 17 in the resolution as a control factor for the City as well. It stated, " construction of The Ponds at Bass Creek 3rd Addition shall not be approved until all work, including erosion control plans are completed on the 2"d Addition, as well as Harrison Place on Bass Creek Addition." Regular Council Meeting August 7, 1996 Page 10 Councilmember Granath thanked Councilmember Anderson for reminding the Council of the issue. Councilmember Black thanked Councilmember Anderson as well, and noted it has been an item of discussion at the Environmental Quality Comnuttee, in an effort to gain more control of wetlands and surface development. Councilmember Anderson asked that no building permits be issued for this item until erosion concerns are resolved. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-436 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR DANIEL DEVELOPMENT COMPANY FOR PROPERTY LOCATED SOUTH OF COUNTY ROAD 10 AT TRENTON LANE NORTH (MPUD 94-1) 96091). Motion carried, five ayes. Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to adopt RESOLUTION 96-437 ADOPTING ASSESSMENTS THE PONDS AT BASS CREEK 3PD ADDITION CITY PROJECT NO. 602 WATERMAIN AREA. Motion carried, five ayes. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adjourn the meeting at 7:30 p.m. Motion carried, five ayes.