HomeMy WebLinkAboutCity Council Minutes 08-15-1995MINUTES
REGULAR COUNCIL MEETING
AUGUST 15, 1995
A regular meeting of the Plymouth City Council was called to order by Deputy Mayor
Edson at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
August 15, 1995.
COUNCIL PRESENT: Deputy Mayor Edson; Councilmembers Helliwell, Anderson,
Wold, and Lymangood.
ABSENT: Mayor Tierney, Councilmember Granath.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community
Development Director Hurlburt, Public Works Director Moore, Public Safety Director
Gerdes, Finance Director Hahn, Park Director Blank, City Forester Buck, City Attorney
Knutson, and City Clerk Ahrens.
ITEM 3 PLYMOUTH FORUM
Kathy and Richard Jordan, 16925 28th Avenue North, stated that they recently
received a letter indicating that they had 20 days in which to remove nine dutch
elm diseased trees on their property. Ms. Jordan said they have no objection to
removing the trees, but would like to wait until fall when the bid cost would be
less. The cost is currently estimated between $1,000 and $1,500. She asked if the
20 day requirement for removal is in place for scientific reasons. The state law
requires diseased trees to be removed by March 1. She requested a longer period
of time in which to remove the trees. Ms. Jordan noted that Minnetonka has a 21
day removal requirement, but the City assists in the cost. Wayzata has no dutch
elm diseased tree program.
Councilmember Helliwell asked staff if the time limit could be extended to allow
removal of the trees in the fall.
City Forester Buck stated that the removal requirement is established by ordinance.
Staff will grant one week extensions due to rain or contractor problems.
However, the disease can spread through September by the beetle or through the
roots. He has no knowledge of the origin of the 20 day removal requirement. He
noted that there is a neighbor within a block of the Jordan property who is
injecting his elm trees to try to avoid disease. If diseased trees remain standing,
there is a greater possibility of spreading the disease. There is also a uniformity
issue. Last year only 32 property owners, or about 10 percent of the marked trees,
were not removed within the 20 day requirement.
Regular Council Meeting
August 15, 1995
Page 2
Mr. Jordan reiterated that they are not opposed to removing the trees, but they
would prefer to do the removal during the winter at a cheaper cost.
Councilmember Lymangood suggested that this issue be delegated to the Tree
Preservation Committee for a report at the next Council meeting. The Jordans'
would be granted an extension on the time limit for removal of their diseased trees
until the issue is considered by the Council.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Edson, to refer this issue to the Tree Preservation Committee for a report at the
next Council meeting, with an extension granted to the Jordans' until that time.
Motion carried, five ayes.
ITEM 4 UPDATE ON SUMP PUMP ORDINANCE IMPLEMENTATION
Finance Director Hahn stated that on-site inspections for the Sump Pump
Inspection Program began on August 7. Residents have supported the new
program, and MSA Consulting Engineers report that the program is going very
well.
A representative of MSA Consulting Engineers stated that 361 homes have been
inspected to date out of the total 454 homes in the first inspection area. Sixty-four
of those homes failed. Of the failed inspections, 38 failed because the sump pump
was plumbed into the sanitary sewer system. The others failed because of the lack
of fixed pipe installation. He stated that this program has already resulting in
significant cost savings to the City.
ITEM 5 APPROVE AGENDA
The following items were requested for addition to the agenda: Item 9-B, Memo
from Public Safety Director Gerdes on domestic assault; Item 9-C, Phosphorus -
Free Fertilizer Sale; and Item 9-D, proposed phosphorus -free ordinance.
Manager Johnson requested that Item 6-Y-1, open space agreement on Olson
property, 5315 Peony Lane, be removed from the agenda.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Lymangood, to approve the agenda as amended.
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 3
ITEM 6 CONSENT AGENDA
Councilmember Lymangood requested that Item 6-Y-2, open space agreement for
Mission property adjacent to French Regional Park, be removed from the consent
agenda and placed as Item 8-13.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to approve the Consent Agenda as amended.
Motion carried, five ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to approve the minutes of the July 18 special meeting.
Motion carried, five ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-457 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 3, 1995.
Motion carried, five ayes.
ITEM 6-C ESTABLISH SPECIAL COUNCIL MEETINGS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-458 ESTABLISHING SPECIAL
COUNCIL MEETINGS.
Motion carried, five ayes.
ITEM 6-D ORDINANCE AMENDING LICENSE INVESTIGATION FEES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt ORDINANCE 95- 42 AMENDING CHAPTERS VI, X,
AND XII OF THE PLYMOUTH CITY CODE CONCERNING LICENSE
FEES.
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 4
ITEM 6-E SET HEARING FOR LIQUOR LAW VIOLATIONS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-459 ESTABLISHING A HEARING
TO CONSIDER THE SUSPENSION, REVOCATION, OR OTHER
ACTION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE
ISSUED TO MGM WINE AND SPIRITS INC., 3900 VINEWOOD LANE.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-460 ESTABLISHING A HEARING
TO CONSIDER THE SUSPENSION, REVOCATION, OR OTHER
ACTION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE
ISSUED TO BASS LAKE BOTTLE SHOP, INC., 11540 BASS LAKE
ROAD.
Motion carried, five ayes.
ITEM 6-F TREE PRESERVATION ORDINANCE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt ORDINANCE 95-43 AMENDING CHAPTER 5 OF
THE PLYMOUTH CITY CODE AND THE CITY'S ZONING
ORDINANCE CONCERNING TREE PRESERVATION.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-461 AMENDING THE
APPLICABILITY OF RESOLUTION 89-439 REGARDING
PRESERVATION OF TREES ON NEW DEVELOPMENT SITES.
Motion carried, five ayes.
ITEM 6-G LUNDGREN BROS. CONSTRUCTION/MISSION VIEW. (94158)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-462 APPROVING RPUD FINAL
PLAT AND DEVELOPMENT CONTRACT FOR MISSION PARTNERS
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OLD
ROCKFORD ROAD AND 41ST AVE. N. (94158).
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 5
ITEM 6-H SHANNON AND LINDA TERRY. AMENDING PUD PLAN AND
C.U.P.(95070)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-463 APPROVING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR SHANNON AND LINDA TERRY
FOR PROPERTY AT 4210 XENIUM LANE NORTH (RPUD 92-2) (95070).
Motion carried, five ayes.
ITEM 6-I CHRISTOPHER SWANSON. AMENDED PUD PLAN AND C.U.P.
95071
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-464 APPROVING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR CHRISTOPHER SWANSON FOR
PROPERTY AT 15110 42ND AVENUE NORTH (RPUD 85-5) (95071).
Motion carried, five ayes.
ITEM 64 JANCO, INC. PUD FINAL PLAN/PLAT FOR ROCKFORD GLEN
94155F
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-465 APPROVING RPUD FINAL
PLAT AND DEVELOPMENT CONTRACT FOR JANCO, INC., FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OLD
ROCKFORD ROAD AND PEONY LANE (94155).
Motion carried, five ayes.
ITEM 6-K PUDDLE JUMPERS CHILD CARE CENTER, PLYMOUTH
COVENANT CHURCH (95080)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-466 APPROVING CONDITIONAL
USE PERMIT FOR PUDDLE JUMPERS CHILD CARE CENTER
LOCATED AT PLYMOUTH COVENANT CHURCH, 4300 VICKSBURG
LANE NORTH (95080).
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 6
ITEM 6-L SITE IMPROVEMENT AGREEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-467 REDUCING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, TURCK, INC., 3000
CAMPUS DRIVE (94146).
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-468 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, GEM
ENTERPRISES/PLYMOUTH SHOPPING CENTER (91109).
Motion carried, five ayes.
ITEM 6-M SET HEARING TO CONSIDER REPEALING SURFACE WATER
REGULATIONS ON PIKE LAKE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to set a public hearing for September 5 to consider repealing the
surface water regulations for Pike Lake.
Motion carried, five ayes.
ITEM 6-N CONSULTANT CONTRACT FOR ASSISTANCE WITH
COMPREHENSIVE PLAN AND ZONING ORDINANCE AMENDMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-469 AWARDING THE
CONTRACT FOR CONSULTING SERVICES FOR PREPARATION OF
COMPREHENSIVE PLAN AND ZONING ORDINANCE AMENDMENTS
TO NORTHWEST ASSOCIATED CONSULTANTS, INC.
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 7
ITEM 6-0 AMENDMENT TO ISSUANCE OF MULTIFAMILY HOUSING
TAXABLE REVENUE BONDS FOR PARKSIDE APARTMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-470 AMENDING RESOLUTION
NO. 95-412, AUTHORIZING THE ISSUANCE OF ITS MULTIFAMILY
HOUSING TAXABLE REVENUE BONDS (PARKSIDE LANEL
APARTMENTS PROJECT), SERIES 1995B AND PRESCRIBING THE
FORM OF AND AUTHORIZING THE EXECUTION OF A TRUST
INDENTURE AND LOAN AGREEMENT.
Motion carried, five ayes.
ITEM 6-P CONTRACT FOR CONSTRUCTION OF NW -19 TRUNK SANITARY
SEWER, PROJECT 503
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-471 AWARDING BID, NW -19
TRUNK SANITARY SEWER IMPROVEMENTS, CITY PROJECT NO.
503.
Motion carried, five ayes.
ITEM 6-0 STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-472 DECLARING ADEQUACY
OF PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, HOLLY CREEK 3RD ADDITION.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-473 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, HOLLY CREEK 3RD
ADDITION.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-474 DECLARING ADEQUACY
OF PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, INVERNESS ADDITION.
Regular Council Meeting
August 15, 1995
Page 8
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-475 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, INVERNESS ADDITION.
Motion carried, five ayes.
ITEM 6-11 ORDER HEARING TO CONSIDER VACATION IN FRENCH
RIDGE PARK ADDITION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-476 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF DRAINAGE AND
UTILITY EASEMENTS AND DRAINAGE EASEMENT FOR PONDING,
PARCEL 15-118-22-42-0006.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-477 ORDERING PUBLIC
HEARING ON THE PROPOSED VACATION OF A STREET
EASEMENT.
Motion carried, five ayes.
ITEM 6-S DEVELOPMENT CONTRACT FINANCIAL GUARANTEES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-478 REDUCING REQUIRED
FINANCIAL GUARANTEE, HARRISON PLACE ON BASS CREEK
ADDITION (94051).
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-479 REDUCING REQUIRED
FINANCIAL GUARANTEE, SUNSET VALLEY HOMES ADDITION
87022).
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 9
ITEM 6-T CHANGE ORDER ON COUNTY ROAD 9 IMPROVEMENTS: ADD
DUNKIRK COURT, PROJECT 524
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-480 APPROVING CHANGE
ORDER NO. 2, NEW COUNTY ROAD 9, CITY PROJECT NO. 310.
Motion carried, five ayes.
ITEM 6-U CONTRACT FOR CONSTRUCTION OF WESTBRANCH 3RD
ADDITION, PROJECT 415
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-481 AWARDING BID,
WESTBRANCH 3RD ADDITION - PHASE I, STREET AND UTILITY
IMPROVEMENTS, CITY PROJECT NO. 415.
Motion carried, five ayes.
ITEM 6-V 1995 PARK OPEN SPACE AND TRAILS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to receive the August 3, 1995, Supplemental Preliminary Engineering
Report for Trails included within the 1995 Park Bond Issue. This report revises
the report previously received by the City Council on August 17, 1994, for
Segment 5 (County Road 47) and adds Segment 6 (Hemlock Lane) and Segment 7
Medina Road) to the report.
Motion carried, five ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-482 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
1995 TRAIL IMPROVEMENTS, CITY PROJECT NO. 417.
Motion carried, five ayes.
ITEM 6-W APPROVE STOP SIGNS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-483 INSTALLATION OF
VARIOUS STOP SIGNS.
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 10
ITEM 6-X APPROVE WETLAND REPLACEMENT PLAN FOR HOLLY
CREEK 4TH ADDITION (95027)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-484 APPROVING FILLING
WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR
HOLLY CREEK 4TH ADDITION (95027).
Motion carried, five ayes.
ITEM 6-Y OPEN SPACE AGREEMENT
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-485 APPROVING
COOPERATIVE AGREEMENT AND PURCHASE AGREEMENT
BETWEEN THE CITY OF PLYMOUTH AND HENNEPIN PARKS.
Motion carried, five ayes.
ITEM 6-Z CHANGE ORDERS, CITY CENTER EXPANSION. PROJECT 126
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-486 APPROVING CHANGE
ORDERS NO.4 AND 5 FOR THE CITY CENTER EXPANSION,
PROJECT 126.
Motion carried, five ayes.
ITEM 6 -AA CONTRACT FOR INFORMATION SYSTEMS CONSULTING
SERVICES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-487 ISSUE REQUEST FOR
PROPOSALS FOR INFORMATION SYSTEMS CONSULTATION.
Motion carried, five ayes.
ITEM 8-A _JUDY MARTIN. NEW COUNTY ROAD 9 IMPROVEMENTS
Public Works Director Moore explained that staff has been contacted by Judy
Martin, 16140 37th Avenue North, regarding problems relating to the new County
Road 9, wetland, pond, and impact on trees. He said that staff has investigated the
Regular Council Meeting
August 15, 1995
Page 11
outlet of the wetland, and the outlet has not been affected by the County Road 9
construction.
Manager Johnson stated that Ms. Martin's request is for technical advice on how
best to move the water through the wooded area so that the effect on trees will be
minimized, and for financial assistance in implementing any necessary
improvements. He stated that the City has done nothing in this area that would
cause undue water levels that could affect the health of the trees. The wetland
outlet is at the same elevation as before development, and the storm drainage pond
was designed to all current standards. The trees are all on private property and,
therefore, there may be no definable public interest in the City attempting to find a
solution to this problem. The benefit to saving the trees appears to primarily
benefit one property owner, not an entire neighborhood.
Manager Johnson stated that Ms. Martin has proposed a pipe be installed crossing
the 40 ft. of wooded area. Staff believes that the pipe would be the most
expensive solution and may itself do significant harm to the trees when it is
installed with heavy equipment. An open, half pipe could also channel the water
past the trees, but would also be costly and could create some damage to the trees.
He said that the most cost effective solution is to install a liner in the ditch and
secure it with rock. This would expedite the flow of water through the trees and
keep it from seeping in as it passes the trees. The total cost of this installation is
estimated to be under $1,000. The City may have an interest in saving trees on the
easement area; however, the trees are owned by Ms. Martin and are located
entirely on her property. He suggested that the Council consider providing the
materials for the installation, if Ms. Martin provides the labor to install the
materials. He recommended a cap of $500 for the City's share.
Judy Martin, 16140 37th Avenue North, stated that the outlet is on her property.
When the outlet is too stressed and cannot take more water, it discharges into the
trees. She stated that she has discussed with her neighbors how they could save
their trees, has talked with builders about keeping their subcontractors on the
driveways, and was involved with the discussion on the placement of County Road
9. She has tried to keep her trees in a totally natural atmosphere. Ms. Martin
stated that she has also discussed the problems created by the standing water in her
trees with the developer, Martin Harstad. She said that there was no problem in
1994, but this year it takes days for the water to dissipate. She believes that a
drainage easement should make the area gradually dry; it should not cause standing
water. When she purchased her property, she expected the engineering to be done
correctly, but she now doesn't believe that it was correct. She described the
affected trees - a 150 year-old oak, a 75 year-old basswood, 25 to 30 sugar
maples, 7 to 10 elm trees, and various bottom -land trees. Ms. Martin said that 3
elm and 15 sugar maples have died to date.
Regular Council Meeting
August 15, 1995
Page 12
Ms. Martin said that water overruns the east edge of the pond, and the
construction crew dumped tons of dirt in the wetland. She believes that could
have an impact on the ability of the wetland to handle all of the water. She showed
photographs of the area, comparing 1994 to 1995. She stated that she paid a
premium price for her lot, and her property value will be reduced if the trees die.
The trees serve as a buffer from County Road 9. Ms. Martin stated that she has
hired her own forester, engineer, and attorney to evaluate this problem. She
believes that an environmental impact study should have been conducted for the
County Road 9 project. She believes there will be further impacts when the
townhouses are constructed because there will be additional drainage into the
wetland. Ms. Martin said that other properties in the Sugar Hills development are
also affected by the water problem, and the loss of a tree buffer will impact all
properties in Sugar Hills. She said that an Army Corps of Engineers representative
indicated that there would be no problem with installation of a conveyance to
channel the overflow of the pond water through the trees. She said that the storm
water pond should be covered by a maintenance plan. She also asked if the pond
is lined because water could be leaking from the pond into the ground and
affecting the trees.
Councilmember Lymangood noted that the City Council will consider adoption of
a Tree Preservation Ordinance this evening that will apply to all future
developments. Unfortunately, this ordinance was not in place when the Sugar
Hills development was approved. He asked staff to summarize the affects of the
new ordinance.
Community Development Director Hurlburt explained that the proposed ordinance
requires trees to be preserved. The former policy was only an encouragement to
save trees by considering preservation on a lot -by -lot basis around the construction
area. The proposed ordinance will require detailed tree preservation. Under the
proposed ordinance, all significant trees on the property would be identified. At
least 50 percent of the significant trees in a subdivision would have to be preserved
and detailed on a plan. The protected area would have to be fenced off and
protected during construction. If the trees had not been preserved, a reforestation
plan or restitution would have to be made.
Councilmember Lymangood stated that Ms. Martin has indicated that she has
asked the City for help on this issue on several occasions.
Manager Johnson stated that at least six staff persons have visited her property on
different occasions.
Councilmember Lymangood asked if Ms. Martin supports the proposal described
by Manager Johnson whereby the City would provide materials in an amount up to
Regular Council Meeting
August 15, 1995
Page 13
500 to assist in moving the water and Ms. Martin would provide the labor. He
asked Ms. Martin if this would resolve the problem and eliminate any further
involvement of the City on the issue.
Ms. Martin did not respond, but stated that she has other requests. She wants
reimbursement for what it costs to install the conveyance through the trees, and
she would like the City to remove all the dead trees for a three year period. She
wants the City to install a screen of evergreens to be placed on the berm along
County Road 9 so that all of Sugar Hills is protected. She would like the City to
check to determine if the wetland is seeping into the ground. If a pond liner is
needed, it would be very costly, and she wants the City to require the developer to
install it.
Councilmember Lymangood stated that he had viewed the area today. The Public
Works Director has indicated that there will be some screen along County Road 9
when the project is completed.
Public Works Director Moore said there will be evergreens or other plantings on
the south side near Sugar Hills. Manager Johnson added that there is a plan for
plantings along County Road 9.
Councilmember Lymangood noted that Ms. Martin previously contacted the City,
and the City installed a retaining wall. He asked about the cost for the retaining
wall. He also asked if the trees now cited by Ms. Martin are within the storm
water drainage area and whether that was part of the original development
proposal.
Ms. Martin responded that the retaining walls were supposed to be installed to
save the trees, but the trees were removed.
Director Moore stated that the retaining wall cost about $26,000. It was installed
to save additional trees that would have had to be removed without the wall. He
said that the trees are within the storm water drainage area, which was part of the
original development proposal for Sugar Hills.
Councilmember Lymangood stated that he is not convinced that the proposal
suggested by staff would effectively do what Ms. Martin is requesting. He
suggested that this item be tabled until a plan is proposed, in which the City and
Ms. Martin have some degree of confidence.
Ms. Martin stated that she doesn't know if the plan suggested by staff would
resolve her concerns.
Councilmember Helliwell asked about the pond liner suggested by Ms. Martin.
Regular Council Meeting
August 15, 1995
Page 14
Public Works Director Moore stated that when a pond is lined, no water seeps
from the pond into the ground below the liner. He described the methods for
installing a liner, but noted that this pond was not designed with a liner to avoid
seepage into the ground. It is a storm water drainage pond that was designed to
store 2 inches of rain and release it over a 24-hour period.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to acknowledge the presentation made by Ms. Martin and to await a
specific proposal from Ms. Martin or the developer to alter the water drainage in
this area for Council consideration. He noted that this is private property and,
therefore, the property owner or developer should submit a development proposal
to the City. He is not comfortable with the City assuming ongoing liability for a
private property issue.
Councilmember Edson recalled that when the Council approve the Sugar Hills
development proposal there were certain lots where the City restricted
construction until County Road 9 was graded. He asked if those lots are part of
this issue. Public Works Director Moore stated no; those lots abutted County
Road 9.
Motion to table carried, four ayes; Helliwell nay.
ITEM 8-B (6-Y-2) OPEN SPACE ACQUISITION OF MISSION PROPERTY
ADJACENT TO FRENCH REGIONAL PARK
Councilmember Lymangood stated that one of the four open space sites approved
for acquisition in the May 23 bond referendum was the Mission Property which is
located south of 41st Avenue immediately adjacent to French Regional Park.
David Priebe, 3825 Forestview Lane, stated he lives near the property and believes
it is worth preserving as open space. He thanked the Council for their support on
the issue.
Councilmember Lymangood stated that the City is further benefiting from this
acquisition because there is a wetland area on the site which has the potential for
use as a storm drainage area. This would treat water running into Medicine Lake,
thereby improving water quality.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 95-488 APPROVING PURCHASE
AGREEMENTS FOR MISSION PROPERTY.
Motion carried, five ayes.
Regular Council Meeting
August 15, 1995
Page 15
ITEM 9-A SECOND QUARTER FINANCIAL REPORT
Finance Director Hahn presented the second quarter financial report. He reported
that tax cancellations and abatements may be $100,000 less than originally
projected for 1994, and that expenditures are running less than budgeted. He
distributed a schedule of the City's investments and explained that it is the City
practice to hold investments until maturity date. Director Hahn also presented
some new financial reporting information which will be provided on a quarterly
basis in the future.
Councilmember Lymangood complimented staff on their handling of the City's
investments, noting that the City has invested in no mutual funds or complicated
derivatives that have resulted in problems for other governmental units.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Lymangood, to accept the second quarter financial report.
Motion carried, five ayes.
ITEM 9-B PUBLIC SAFETY MEMO ON DOMESTIC ASSAULT
Councilmember Anderson explained that at the last City Attorney evaluation
session, discussion was held on crime and prosecution statistics in the City. He
was concerned at that meeting about the high incidents of crime related to
domestic violence. He asked the Public Safety Director to comment on how the
City is addressing this issue.
Public Safety Director Gerdes stated that while issues of theft and burglary would
outrank domestic assault in pure numbers, domestic assault is Plymouth's highest
violent crime issue. The Public Safety Department works with Home Free
Intervention to try to break the cycle of violence. The department also works with
the City Attorney and County Attorney on domestic assault issues. He said that
the State of Minnesota has been extremely progressive in its laws regarding
domestic assault, and it allows officers to make arrests for domestic assaults within
12 hours. Director Gerdes said that part of the City's annual budget includes
funding assistance for Home Free services. The 1996 budget also proposes
additional training for officers in issues of domestic assault and abuse. The
increase in the size of the police department is allowing the City to be more
proactive on this issue.
Regular Council Meeting
August 15, 1995
Page 16
ITEM 9-C PHOSPHORUS FREE FERTILIZER SALE
Councilmember Lymangood stated that the City conducted a sale of phosphorus -
free fertilizer in the spring. There is a proposal to repeat the sale this fall in
connection with the special waste collection on September 23. The proposed cost
per bag of fertilizer is proposed at $8.50 per 40 lb. bag. He said that the proposed
cost is low compared to the private market. The purpose in conducting the sale is
to jump-start a market for the product, with hopes that the private market will
become involved in selling the product. He suggested establishing a fee of $12.50
per bag, and designating any cost difference in funds to the tree fund.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to direct staff to review this issue and provide a recommendation.
Manager Johnson agreed that if the City's price is too low, it may discourage the
commercial market from getting involved with the product. The tree fund has
been established and is an appropriate place for the cost difference. He said that
staff will charge $12.50 per bag unless there is an objection from the Council.
MOTION to substitute was made by Councilmember Anderson, seconded by
Councilmember Lymangood, to establish a fee of $12.50 per 40 lb. bag for the sale
of phosphorus -free fertilizer on September 23, and to request a recommendation
from staff on how any proceeds derived from the sale should be designated.
Councilmember Edson stated that this is an administrative matter, and the action
the City Manager proposes to take is consistent with Councilmember Lymangood's
suggestion.
Motion to substitute carried, five ayes.
Main motion as amended carried, five ayes.
ITEM 9-D PHOSPHORUS FREE FERTILIZER ORDINANCE
Councilmember Wold stated that the proposal for a Phosphorus -Free Fertilizer
Ordinance originated with the Water Quality Subcommittee. Commercial lawn
fertilizer application companies have been invited to attend an information meeting
on the ordinance on Thursday, August 17. The proposed ordinance will not
become effective until January 1, 1996. He showed the list of lawn services who
have been notified of the upcoming meeting.
Regular Council Meeting
August 15, 1995
Page 17
Councilmember Anderson suggested that the Council may wish to consider
conducting a public hearing on the proposed ordinance in order to get adequate
public notification and input.
Manager Johnson stated that staff will first conduct the informational meetings and
determine whether there are concerns.
MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood,
to adjourn at 8:43 p.m.
Motion carried, five ayes.
Laurie F. Ahrens
City Clerk