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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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."
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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.