Loading...
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