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HomeMy WebLinkAboutCity Council Minutes 10-17-1994MINUTES REGULAR COUNCIL MEETING OCTOBER 17, 1994 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m, in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 17, 1994. PRESENT: Mayor Tierney; Councilmembers Helliwell, Granath, Edson, Anderson, Morrison, and Lymangood. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Asst. Finance Director Jacobson, Public Safety Education Specialist Cwayna, Forester Buck, Attorney Barnard, and City Clerk Ahrens. ITEM 3-A FORUM, PETITION FOR STOP SIGNS ON PILGRIM LANE Jeff Bail], 2940 Pilgrim Lane, presented a petition requesting stop signs at Pilgrim Lane and 29th Avenue, 30th Avenue, and 31st Avenue. He said these stop signs are needed in order to slow traffic and provide greater safety to pedestrians because there are no trails. Councilmember Anderson suggested that the residents could also petition for trails to be considered. Mr. Baill asked if the City has considered speed humps in residential neighborhoods to slow traffic. Manager Johnson stated that staff has investigated speed humps, but none have yet been installed in the City. Staff will provide a copy of the report on speed humps to Mr. Baill. ITEM 4-A DONATION FROM DAILY PRINTING FOR CRIME PREVENTION FUND Mayor Tierney introduced Public Safety Education Specialist Cwayna and Corky Ornberg of Plymouth Crime Prevention. Corky Ornberg, Plymouth Crime Prevention, was presented with a $2,000 check for funding of a second K-9 unit. The check was presented by representatives of Daily Printing. Regular Council Meeting October 17, 1994 Page 2 ITEM 5 APPROVE AGENDA Mayor Tierney requested that a status report on the Pineview Lane railroad crossing improvements be added to the agenda as Item 9-H. Councilmember Granath requested that a status report on the MPRS lawsuit be added to the agenda as Item 9-I. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to approve the agenda with the addition of Items 9-H and 9-I. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA Manager Johnson stated that a correction to the August 8 study session minutes and a revised resolution for Item 6 -DD have been provided to the Council and included in the Consent Agenda. Councilmember Morrison stated that her law firm has represented one of the parties involved in several items on the agenda. Although no legal conflict of interest may necessarily be present, she will not participate in the voting on the following items to avoid any appearance of impropriety: Items 6-K, 6-N, .6-Q- 2, 6-R, 6-W, 6-X-1, 6 -BB, 6 -DD, and 6 -EE. The items remained on the consent agenda with her abstention noted on each item. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt the Consent Agenda with the additions and amendments noted. Motion carried, seven ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the minutes of the August 8 study session (amended), September 12 regular meeting, October 5 Ward 1 Town Meeting, and October 10 Ward 2 Town Meeting. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 3 ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-622 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 7, 1994. Motion carried, seven ayes. ITEM 6-C AGREEMENT FOR TELECOMMUNICATION CONSULTING SERVICES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-623 AWARDING THE CONTRACT FOR TELECOMMUNICATION CONSULTING SERVICES TO ELERT & ASSOCIATES. Motion carried, seven ayes. ITEM 6-1) HOYT PROPERTIES. FINAL PLAT FOR PLYMOUTH TECHNOLOGY PARK (91031) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-624 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BRW, INC., FOR PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF SCHMIDT LAKE ROAD AND FERNBROOK LANE NORTH (91031). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-625 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR BRW, INC., FOR PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF SCHMIDT LAKE ROAD AND FERNBROOK LANE NORTH (91031). Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 4 ITEM 6-E ZACHARY LANE PTA EXEMPTION FROM LAW GAMBLING LICENSE MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-626 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE ELEMENTARY PTA. Motion carried, seven ayes. ITEM 6-F ASCENSION LUTHERAN CHURCH. SITE PLAN AMENDMENT 94103 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-627 APPROVING RPUD FINAL SITE PLAN AMENDMENT FOR ASCENSION LUTHERAN CHURCH LOCATED AT 15870 46TH AVENUE NORTH (94103). Motion carried, seven ayes. ITEM 6-G TOLD DEVELOPMENT. PUD FINAL PLAT FOR NORTHWEST BUSINESS CAMPUS 10TH ADDITION (94111) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-628 APPROVING MPUD FINAL PLAT FOR TOLD DEVELOPMENT COMPANY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHWEST BOULEVARD AND CAMPUS DRIVE (94111) (MPUD 81-1). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-629 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUD FINAL PLAT FOR TOLD DEVELOPMENT COMPANY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHWEST BOULEVARD AND CAMPUS DRIVE (94111) (MPUD 81-1). Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 5 ITEM 6-11 FRED KNUTSON. SITE PLAN AMENDMENT (94113) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-630 APPROVING SITE PLAN AMENDMENT FOR FRED KNUTSON FOR PROPERTY LOCATED AT 15024-2 44TH PLACE NORTH (94113). Motion carried, seven ayes. ITEM 6-I HARTY AND STENGLEIN. LOT DIVISION/CONSOLIDATION 94115 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-631 APPROVING LOT DIVISION/CONSOLIDATION FOR HARTY AND STENGLEIN (94115). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-632 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION AND VARIANCE FOR HARTY AND STENGLEIN FOR PROPERTY LOCATED AT 2900 EAST MEDICINE LAKE BOULEVARD AND 2845 MEDICINE RIDGE ROAD (94115). Motion carried, seven ayes ITEM 64 CORNERSTONE GROUP/COMMONS AT PARKERS LAKE. 94099 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-633 APPROVING MPUD FINAL PLAT FOR THE CORNERSTONE GROUP FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NIAGARA LANE NORTH AND 18TH AVENUE NORTH (94099). Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 6 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-634 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR THE CORNERSTONE GROUP FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NIAGARA LANE NORTH AND 18TH AVENUE NORTH (94099). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-635 APPROVING MPUD FINAL SITE PLAN FOR THE CORNERSTONE GROUP FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NIAGARA LANE NORTH AND 18TH AVENUE NORTH (94099). Motion carried, seven ayes. ITEM 6-K CITY OF PLYMOUTH. LOT DIVISION/CONSOLIDATION (94128) Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-636 APPROVING LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 54TH AVENUE NORTH AND NORTHWEST BOULEVARD (94128). Motion carried, six ayes; Morrison abstained. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-637 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH FOR PROPERTY LOCATED AT SOUTHEAST CORNER OF 54TH AVENUE NORTH AND NORTHWEST BLVD. (94128). Motion carried, six ayes; Morrison abstained. Regular Council Meeting October 17, 1994 Page 7 ITEM 6-1, ORDINANCE AMENDMENT RELATING TO FIRE PREVENTION MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 94-18 AMENDING THE CITY CODE SECTION DEALING WITH FIRE PREVENTION. Motion carried, seven ayes. ITEM 6-M 1995 CDBG FUNDING ALLOCATIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-638 AUTHORIZING SUBMISSION OF THE CITY OF PLYMOUTH'S APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR FISCAL YEAR 1995. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94- 639 AUTHORIZING REALLOCATION OF FISCAL YEAR 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Motion carried, seven ayes. ITEM 6-N OLYMPIC STEEL. FINAL BOND RESOLUTION Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-640 AUTHORIZING THE ISSUANCE OF ITS CITY OF PLYMOUTH, MINNESOTA VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS OLYMPIC STEEL, INC. PROJECT) SERIES 1994 AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, LOAN AGREEMENT AND RELATED DOCUMENTS. Motion carried, six ayes; Morrison abstained. Regular Council Meeting October 17, 1994 Page 8 ITEM 6-0 RELEASE OF SITE PERFORMANCE GUARANTEE (92038) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-641 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CHRIST MEMORIAL LUTHERAN CHURCH FOR PROPERTY LOCATED AT 13501 SUNSET TRAIL (92038). Motion carried, seven ayes. ITEM 6-P REDUCTION OF SITE PERFORMANCE GUARANTEES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-642 APPROVING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CHERRY HILL BUILDERS FOR PROPERTY LOCATED ON THE NORTH SIDE OF 10TH AVENUE EAST OF SOUTH SHORE DRIVE (93095). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-643 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR TOLL COMPANY FOR PROPERTY LOCATED AT 3005 NIAGARA LANE NORTH (93133). Motion carried, seven ayes. ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-644 REDUCING DEVELOPMENT BOND, CARLSON CENTER SIXTH ADDITION (85031). Motion carried, seven ayes. Councilmember Morrison stated that her law firm has represented one of the parties involved in the Item 6-Q-2 application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-645 REDUCING DEVELOPMENT BOND, WESTBRANCH 2ND ADDITION (94045). Regular Council Meeting October 17, 1994 Page 9 Motion carried, six ayes; Morrison abstained. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-646 REDUCING DEVELOPMENT BOND, HEATHER RUN ADDITION (92035). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-647 REDUCING DEVELOPMENT BOND, HEATHER RUN 2ND ADDITION (94016). Motion carried, seven ayes. ITEM 6-R DECLARE SURPLUS PROPERTY Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-648 DECLARING PROPERTY SURPLUS AND AUTHORIZING CONVEYANCE TO ADJOINING PROPERTY OWNERS, CITY PROJECT NO. 205. Motion carried, six ayes; Morrison abstained. ITEM 6-S AGREEMENT WITH MAPLE GROVE FOR IMPROVEMENTS TO VICKSBURG LANE MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-649 APPROVING COOPERATIVE JOINT POWERS AGREEMENT, VICKSBURG LANE CONSTRUCTION, COUNTY ROAD 10 TO COUNTY ROAD 47, CITY OF PLYMOUTH AND CITY OF MAPLE GROVE. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 10 ITEM 6-T DECLARE SURPLUS PROPERTY MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-650 DECLARING PROPERTY SURPLUS AND AUTHORIZING THE CONVEYANCE OF THE OLD SCHMIDT LAKE ROAD RIGHT-OF-WAY TO QUAIL HOLLOW ADDITION. Motion carried, seven ayes. ITEM 6-U ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-651 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SAVANNAH ADDITION. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-652 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - SAVANNAH ADDITION. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-653 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SUGAR HILLS 3RD ADDITION. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-654 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - SUGAR HILLS 3RD ADDITION. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 11 ITEM 6-V ADOPT ASSESSMENTS FOR CAMELOT OVERLOOK ADDITION MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-655 ADOPTING ASSESSMENTS, CITY PROJECT NO. 430, SANITARY SEWER AND WATERMAIN AREA - CAMELOT OVERLOOK. Motion carried, seven ayes. ITEM 6-W METROLINK CONTRACT EXTENSION Councilmember Morrison stated that her law firm has represented one of the parties involved in this item. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-656 APPROVAL OF PLYMOUTH METROLINK CONTRACT EXTENSION WITH MCTO AND ITS SUBCONTRACTOR, NATIONAL SCHOOL BUS COMPANY, INC. Motion carried, six ayes; Morrison abstained. ITEM 6-X ADOPT ASSESSMENTS Councilmember Morrison stated that her law firm has represented one of the parties involved in this item. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-657 ADOPTING ASSESSMENTS, SEVEN PONDS 6TH ADDITION, STREET AND UTILITIES, CITY PROJECT NO. 031. Motion carried, six ayes; Morrison abstained. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-658 ADOPTING ASSESSMENTS, BRIDLEWOOD FARM 3RD ADDITION, STREET AND UTILITY IMPROVEMENT, CITY PROJECT NO. 304. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 12 ITEM 6-Y ADOPT "NO PARKING" ON 26TH AVENUE MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-659 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON 26TH AVENUE BETWEEN KILMER LANE AND MEDICINE RIDGE ROAD. Motion carried, seven ayes. ITEM 6-Z ORDER PLANS FOR WESTBRANCH 3RD ADDITION IMPROVEMENTS, PROJECT 415 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-660 RECEIVING PRELIMINARY ENGINEERING REPORT, ORDERING PLANS AND SPECIFICATIONS, WESTBRANCH 3RD ADDITION, STREET AND UTILITIES, CITY PROJECT NO. 415. Motion carried, seven ayes. ITEM 6 -AA REQUEST SPEED STUDY ON COUNTY ROAD 101 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-661 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED ZONING STUDY. Motion carried, seven ayes. ITEM 6-1111 AWARD CONTRACT FOR LOADER/SNOWBLOWER Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-662 APPROVAL OF BID FOR ONE WHEELED LOADER AND ONE SNOWBLOWER. Motion carried, six ayes; Morrison abstained. Regular Council Meeting October 17, 1994 Page 13 ITEM 6 -CC DENY CAVANAUGH REQUEST FOR EXTENSION OF PURCHASE OPTION MOTION was made by Councilnember Anderson, seconded by Councilmember Edson, to deny the request of W.J. Cavanaugh for an extension of time to exercise a purchase option on five acres at the northeast corner of Vicksburg Lane and Highway 55. Motion carried, seven ayes. ITEM 6 -DD AUTHORIZE REQUEST FOR PROPOSALS FOR INDEPENDENT AUDIT SERVICES Councilmember Morrison stated that her law firm has represented one of the parties involved in this item. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-663 AUTHORIZING THE FINANCE DIRECTOR TO SOLICIT PROPOSALS FOR CITY AUDIT SERVICES. Motion carried, six ayes; Morrison abstained. ITEM 6 -EE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR SCOVILLE PRESS Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-664 AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS (SCOVILLE PRESS, INC. PROJECT), SERIES 1994 IN THE AGGREGATE PRINCIPAL AMOUNT OF 3,600,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; APPROVING A FINAL FORM OF PLACEMENT MEMORANDUM; AND PROVIDING FOR THE SECURITY, RIGHTS, Regular Council Meeting October 17, 1994 Page 14 AND REMEDIES OF THE OWNERS OF SAID REVENUE REFUNDING BONDS. Motion carried, six ayes; Morrison abstained. ITEM 6 -FF COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-665 AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON TO THE COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM. Motion carried, seven ayes. ITEM 7 ASSESSMENT HEARINGS Public Works Director Moore explained the assessment hearing procedures and requirements for appeal, as well as the payment options. ITEM 7 -A -I ASSESSMENT HEARING - SCHMIDT LAKE ROAD IMPROVEMENTS, PROJECT 213 Director Moore described the assessment area for Project 213, Schmidt Lake Road/Fernbrook Lane Improvements. The total project cost is $2.6 million, with 1.2 million to be assessed to benefiting properties. The remainder will be borne by tax increment financing funds. He said that written objections were received from Steven Hoyt for Plymouth Partners 11 and Marlin D. Grant on behalf of Mary Anderson Construction. Mayor Tierney opened the assessment hearing at 7:25 p.m. Marlin Grant, 8901 Lyndale Ave. S., Bloomington, President of Mary Anderson Construction, stated that the segment of Schmidt Lake Road abutting his property will not be completed this year. He requested that the assessment be continued as a pending assessment, rather than a levied assessment, until the work is completed. He is not opposed to the improvement or the assessment once the work is completed. Manager Johnson suggested that any specific proposed assessments with questions be tabled to the next meeting for staff report. Mayor Tierney closed the hearing at 7:29 p.m. Regular Council Meeting October 17, 1994 Page 15 MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-666 ADOPTING ASSESSMENTS, CITY PROJECT NO. 213, SCHMIDT LAKE ROADIFERNBROOK LANE, STREET AND UTILITIES; RESOLUTION 94-667 ADOPTING ASSESSMENTS, CITY PROJECT NO. 213, SCHMIDT LAKE ROAD/FERNBROOK LANE, STREET AND UTILITIES; and RESOLUTION 94-668 ADOPTING ASSESSMENTS, CITY PROJECT NO. 213, WATER AREA, SCHMIDT LAKE ROAD/FERNBROOK LANE, with the exception of the assessments for the Hoyt property and Mary Anderson property which will be tabled for a staff report. Councilmember Morrison stated that her law firm has represented one of the parties involved in the assessment roll. Since it is one of the assessments to be tabled, she will participate in this vote. Motion carried, six ayes; Helliwell nay. ITEM 7-A-2 ASSESSMENT HEARING, DUNKIRK LANE, PROJECT 308 Director Moore described the assessment area and improvements for Project 308. Mayor Tierney opened the assessment hearing at 7:32 p.m. Steven Platz, 4215 Dunkirk Lane, stated his residence is just north of the sanitary sewer service. He objected to the way in which sanitary sewer was extended to his property, and he believes he may be assessed an excessive cost because his property was not included in the original project planning. He stated that he was not notified of a pending assessment for this project and was not allowed the advantage of a bid price as part of the original contract. He is pleased with the completed project. The assessment hearing was closed at 7:35 pm. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 94-669 ADOPTING ASSESSMENTS, CITY PROJECT NO. 308, DUNKIRK LANE, STREET AND SEWER LATERAL and RESOLUTION 94-760 ADOPTING ASSESSMENTS, CITY PROJECT NO. 308, DUNKIRK LANE, STREET, SEWER, AND WATER LATERAL, with the exception of Mr. Platz' assessment which is tabled for report by staff. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 16 ITEM 7-A-3 ASSESSMENT HEARING - FERNBROOK LANE WATERMAIN IMPROVEMENTS, PROJECT 311 Director Moore described the assessment area and improvements for Project 311. Mayor Tierney opened the assessment hearing at 7:38 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 94-671 ADOPTING ASSESSMENTS, CITY PROJECT NO. 311, FERNBROOK LANE TRUNK WATERMAIN IMPROVEMENT. Motion carried, seven ayes. ITEM 7-A-4 FERNBROOK LANE STREET AND UTILITY IMPROVEMENTS PROJECT 907 Director Moore described the assessment area and improvements for Project 907. Mayor Tierney opened the assessment hearing at 7:40 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 94-672 ADOPTING ASSESSMENTS, CITY PROJECT NO. 907, FERNBROOK LANE STREET IMPROVEMENTS; RESOLUTION 94-673 ADOPTING ASSESSMENTS, CITY PROJECT NO. 907, WATER AREA FERNBROOK LANE; and RESOLUTION 94-674 ADOPTING ASSESSMENTS, CITY PROJECT NO. 907, FERNBROOK LANE STREET AND UTILITIES. Motion carried, seven ayes. ITEM 7-A-5 1994 DELINQUENT WATER, SEWER RECYCLING AND STREET LIGHTING Finance Director Hahn presented the 1994 delinquent monthly water, sewer, recycling, and street lighting service charges; 1994 unpaid annual street lighting for unimproved parcels; and 1994 unpaid annual recycling fees. Mayor Tierney opened the assessment hearing at 7:42 p.m. No one appeared, and the hearing was closed. Regular Council Meeting October 17, 1994 Page 17 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 94-675 ADOPTING ASSESSMENTS, 1994 DELINQUENT MONTHLY WATER, SEWER, RECYCLING, AND STREET LIGHTING SERVICE CHARGES; RESOLUTION 94-676 ADOPTING ASSESSMENTS, 1994 UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS; and RESOLUTION 94-677 ADOPTING ASSESSMENTS, 1994 UNPAID ANNUAL RECYCLING FEES. Motion carried, seven ayes. ITEM 7-A-6 1994 WEED ERADICATION AND DESTRUCTION ROLL 1 Finance Director Hahn presented the 1994 weed eradication and destruction Roll 1. Mayor Tierney opened the assessment hearing at 7:45 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-678 ADOPTING ASSESSMENTS, 1994 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, seven ayes. ITEM 7-A-7 1994 REMOVAL AND DESTRUCTION OF DISEASED TREES ROLL 1 Finance Director Hahn presented the 1994 removal and destruction of diseased trees, Roll 1. He stated that a written objection to the assessment was received from Kevin and Susan Homan. Mayor Tierney opened the assessment hearing at 7:46 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded Councilmember Lymangood, to adopt RESOLUTION 94-679 ADOPTING ASSESSMENTS, 1994 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1, with the exception of the assessment for the Homan property which was tabled for a report by staff. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 18 ITEM 7-B VACATION OF PORTION OF COUNTY ROAD 10 RIGHT-OF-WAY ADJACENT TO DEERHAVEN 2ND ADDITION Public Works Director Moore presented the staff report on the request for vacation over a portion of County Road 10 street right-of-way. Mayor Tierney opened the public hearing at 7:48 p.m. No one appeared, and the hearing was closed. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-680 AUTHORIZING THE VACATION OF COUNTY HIGHWAY NO. 10 RIGHT-OF-WAY WITHIN DEERHAVEN ADDITION. Motion carried, seven ayes. ITEM 7-C VACATION OF EASEMENTS FOR MEDICINE LAKE INDUSTRIAL PARK Public Works Director Moore presented the staff report on the request for vacation of drainage and utility easements within Medicine Lake Industrial Park. Mayor Tierney opened the public hearing at 7:50 p.m. No one appeared, and the hearing was closed. Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate in the voting to avoid any appearance of impropriety. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-681 AUTHORIZING THE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENTS IN MEDICINE LAKE INDUSTRIAL PARK. Motion carried, six ayes; Morrison abstained. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 94-682 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 94-681 VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN MEDICINE LAKE INDUSTRIAL PARK ADDITION. Motion carried, six ayes; Morrison abstained. Regular Council Meeting October 17, 1994 Page 19 ITEM 7-D VACATION OF EASEMENTS FOR W.S.T. 2ND ADDITION Public Works Director Moore presented the staff report on the request for vacation of drainage and utility easements within WST 2nd Addition. Mayor Tierney opened the public hearing at 7:52 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-683 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN WST 2ND ADDITION. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-684 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 94-684 VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN WST 2ND ADDITION. Motion carried, seven ayes. ITEM 8-A LUNDGREN BROS. CONSTRUCTION. LAND USE GUIDE PLAN AMENDMENT (93132) Community Development Director Hurlburt presented the staff report on the request of Lundgren Bros. Construction for Land Use Guide Plan Amendment located at the northwest intersection of Peony Lane and Old Rockford Road. She described the guiding of the land surrounding the site and stated that there are significant wetlands on the site which is a factor for the reguiding. Following the Planning Commission public hearing, the Commission recommended reguiding on a 5-2 vote. They also received a report from staff on the existing land use in the urban service area which shows that by the year 2010 the City would have a significant shortage of land in the urban service area for residential development. Staff recommends approval of the reguiding. A 5/7 vote is required for adoption of the reguiding, and the Council has wide discretionary authority to consider guiding matters. Councilmember Lymangood commented on the staff report regarding the projected uses and land available for development. He said that a similar result is forecast for the entire metro -area. The report indicates a shortage within 4 1/2 years in residential land, but there is sufficient supply in commercial land for about 15 years. Regular Council Meeting October 17, 1994 Page 20 Terry Forbord, 935 East Wayzata Blvd., represented Lundgren Bros. and introduced Robert Strachota and Sherman Malkerson who each submitted letters with opinions on and support for the reguiding request. He said this land has been guided as industrial property since the mid 1960's, and Plymouth has changed substantially since that time. There are two elementary schools within walking distance of this site, as well as the new high school and playfield. He stated that the properties to the west, east, and north are guided for residential development. He submitted reasons the land is appropriate for residential development. 1) Residential development adapts better to the wetlands; 2) More open space and less hard surface for residential; 3) The surrounding golf courses, parks and schools support residential; 4) Industrial development would not use trackage; 5) Industrial truck traffic could use Peony Lane/Lawndale to access I-94 to the north; Schmidt Lake Road to access I-494 to the east, and Highway 101 South to access I-394; 6) Industrial expansion is and will be available on other existing vacant parcels; 7) Met Council employment projections for Plymouth are excessive and do not balance with the City's forecasted population growth; 8) The land is not prime industrial land; 8) There is an extreme shortage of land for residential development; 10) Poor industrial land will have a negative impact on surrounding residential areas; and 11) Peony Lane will be the gateway entrance to northwest Plymouth. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to table this Land Use Guide Plan request until a study session is held on November 14. Councilmember Anderson stated his concern is that the EAW for the Soo Line East proposed development defines this area as a gateway to Plymouth. He believes that the Council needs to decide factors about the extension of Schmidt Lake Road before considering this reguiding and the Soo Line East development. Councilmember Granath asked if the City is under a time deadline to act on the reguiding application. Manager Johnson responded that there is no statutory deadline for consideration of reguiding requests. Councilmember Edson said that the traffic issues and planning for Schmidt Lake Road need to be resolved before specific site decisions are made. Councilmember Morrison stated that her law firm has represented one of the parties involved in this application. Although no legal conflict of interest may necessarily be present, she will not participate to avoid any appearance of impropriety. Regular Council Meeting October 17, 1994 Page 21 Mayor Tierney stated she is ready to proceed with the reguiding. She supports review of the Transportation Guide Plan and would like to get issues related to Schmidt Lake Road resolved, but doesn't believe that those decisions impact this reguiding request. Councilmember Lymangood agreed and stated that the City is responsible that the planning for northwest Plymouth has not yet been accomplished. He does not believe that this application should be delayed. He asked about infrastructure impacts with industrial rather than residential guiding. Public Works Director Moore responded that an industrial guiding would result in average daily traffic of 5,500 vehicles, compared to 2,900 vehicles with LA -2 guiding. Councilmember Anderson expressed concern for approving developments without a plan for how to support it with sufficient infrastructure. The Schmidt Lake Road concept needs to first be determined. Councilmember Edson stated he has concerns with the concept of Schmidt Lake Road as a minor arterial because it was not constructed in the same manner as County Road 9 and County Road 10 in terms of buffering the abutting neighborhoods. He also has concerns about installation of an interchange at I-494 and Schmidt Lake Road. However, this reguiding proposal would reduce traffic. Councilmember Helliwell stated that the Land Use Guide Plan indicates service/business uses along Highway 55, and this site falls within that area. There is also a railroad track abutting the site which is better suited to industrial uses. She noted that noise problems have occurred elsewhere in the City where tracks abut residential properties. She also questioned if there are adequate schools in the area for additional children if residential guiding is approved. She believes that the existing Land Use Guide Plan was adopted after careful study, and the Council previously denied a request for residential reguiding southerly of this site. Councilmember Edson stated this is an important parcel, and he believes it is appropriate to table the request in order to provide an opportunity for the Council to discuss the alternatives and plans for this area. Councilmember Lymangood questioned the intent of the tabling motion. Councilmember Anderson stated he believes that after the issue is discussed at the study session on November 14, it can be placed on a regular meeting agenda for action. Regular Council Meeting October 17, 1994 Page 22 Motion to table carried: Helliwell, Granath, Edson, Anderson, and Tierney ayes; Lymangood nay; Morrison abstained. MOTION was made by Councilmember Anderson, seconded by Mayor Tierney to establish a study session for November 14 at 7 p.m. Motion carried, seven ayes. ITEM 9-A THIRD QUARTER FINANCIAL REPORT Finance Director Hahn presented the third quarter financial report. He stated that the year-to-date percentage of valuation loss has decreased from 19.2 percent at the end of the second quarter, to the current loss percentage of 16.9. However, Hennepin County has traditionally made an effort to resolve old cases at year end. Therefore, no change is proposed to the earlier projection of $555,000 for the General Fund share. Permit fees are still up substantially because of the magnitude of commercial/industrial development. Rising interest rates have started to slow new construction of single family residential homes. Fines and forfeitures are down for the year and a shortfall of $105,000 is projected. Mayor Tierney asked why the estimate for fines and forfeitures was high for 1994. Director Hahn responded that typically the fines and forfeitures have increased with population. This year, there are additional costs being incurred, but the fine rates have not increased. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to accept the third quarter financial report. Motion carried, seven ayes. TTEM 9-B FINANCIAL TREND REPORT Financial Analyst Helgeson presented the 1993 Financial Trend Report. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to accept the Financial Trend Report. Motion carried, seven ayes. Regular Council Meeting October 17, 1994 Page 23 ITEM 9-C CITY OF PLYMOUTH. REPORT ON SUBD. ORDINANCE AMENDMENT REGARDING CUL-DE-SACS (94133) Community Development Director Hurlburt stated that Plymouth's subdivision regulations provide that cul-de-sacs shall normally not be longer than 500 feet in length. Recently, the Council has reviewed and acted on a number of development proposals that contained cul-de-sacs in excess of 500 feet. This called the standard into question, and raised issues regarding when emergency accesses should be required for long cul-de-sacs and when variances are justified. She said that an inventory of cul-de-sacs in the City indicate that 20 percent of the cul-de-sacs exceed the 500' limit, and in some instances the cul-de-sacs are much longer than 500'. She discussed several options: 1) Keep the current standard; 2) Increase the standard to a higher limit; or 3) Develop performance standards for all cul-de-sacs. Councilmember Morrison asked how a new ordinance would be implemented. Director Hurlburt responded that if the ordinance is amended, staff would immediately begin applying the requirements to all preliminary and final plat applications that come before the Planning Commission. She said that each application would be considered under the ordinance that is officially adopted at the time the formal preliminary or final plat request is made. She also noted that the inventory only included public streets. Councilmember Lymangood stated that the inventory indicates that only 3 percent of the cul-de-sacs are in excess of 1,000 ft. He is concerned with the proposed category of 500' to 1,000' cul-de-sacs and the provision that "emergency accesses would be required if it is possible to decrease response times." He said that the criteria should not be only for decreasing response time, but also for providing a second access to a site. He supports the concept of setting performance standards for cul-de-sacs, but has some concerns with the proposed requirements contained in the staff report. He has some concern about requests for excessive length cul- de-sacs where the applicant has created the need for it. Director Hurlburt stated that the exact standards can be developed further if the Council approves this concept. A public hearing would be held before the Planning Commission on the proposed ordinance before consideration by the Council. Delbert Case, 17215 23rd Avenue North, opposed any change to the existing ordinance. He supports adherence to the 500' cul-de-sac maximum length, and believes it will reduce traffic. Regular Council Meeting October 17, 1994 Page 24 Councilmember Granath agreed that 500' length is an adequate and clear standard. He is not convinced that provisions for an increased length are needed. MOTION was made by Mayor Tierney to direct staff to prepare an ordinance incorporating the recommendations of "Option C" as outlined in the staff report, and to refer the ordinance to the Planning Commission for the required public hearing. Option C is the development of performance standards for all cul-de-sac streets. Motion died for lack of a second. Further discussion was held on Option C. Councilmember Edson said that he does not support the provision that emergency accesses would be required only if is possible to decrease response times. He believes there are other situations where an alternative access should be provided. He stated that the Council has previously approved variances for cul-de-sacs greater than 500' in length. This is an opportunity to tighten the standards through performance measurement. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to direct staff to prepare an ordinance incorporating the recommendations of "Option C" as outlined in the staff report and to refer to the Planning Commission for the required public hearing, with amendment to tighten the design standards for emergency accesses. Councilmember Lymangood suggested that Option C be pursued, but that a category of cul-de-sacs greater than 1,000 ft. in length be deleted. Councilmember Edson stated that the proposed standard for cul-de-sacs over 1,000 ft. in length is quite restrictive. Manager Johnson stated that the Council could receive requests for cul-de-sacs greater than 1,000 ft. in length in rural northwest Plymouth. Director Hurlburt stated that the Council can't eliminate the possibility of receiving an application for a variance for a cul-de-sac greater than 1,000 ft. in length. Councilmember Morrison referenced the traffic volumes of cul-de-sacs discussed in the staff report and stated that he is not sure that the volume of average daily trips relates to the problems the Council is attempting to solve. Director Hurlburt stated that the City has focused on the issue of emergency accesses when discussing cul-de-sacs. It is much more related to the amount of Regular Council Meeting October 17, 1994 Page 25 traffic at the one access point to the cul-de-sac. She advised that the Council not design cul-de-sacs only around the emergency access issue. Councilmember Morrison stated this proposal is a starting point and public input can be obtained through the Planning Commission public hearing. Motion carried: Helliwell, Edson, Morrison, and Tierney ayes; Granath, Anderson, and Lymangood nays. ITEM 9-D WATER QUALITY COMMITTEE RECOMMENDATION TO PROCEED WITH FEASIBILITY STUDY FOR PARKERS LAKE WATER QUALITY EWROVEMENTS Public Works Director Moore recommended that the Council move to proceed with the Parkers Lake Feasibility Study concurrent with and as part of the preparation of the Surface Water Management Plan. Parkers Lake improvement options/recommendations would be given special emphasis in the preparation of the Surface Water Management Plan rather than conducting a separate study of water quality improvement options. Councilmember Lymangood asked if the outcome will be specific in terms of recommendations regarding feasibility of various options for Parkers Lake. Director Moore stated that the Bassett Creek Watershed Management Committee's Diagnostic Study of Parkers Lake addressed several options for Parkers Lake. This feasibility study would address several of those options. The cost of the improvements under consideration would be about $1 million. Councilmember Lymangood stated that this proposed action would take advantage of the studies that have already been conducted on Parkers Lake. He believes that the Council needs to take a new approach toward water quality issues and believes that a comprehensive approach is needed to act on issues affecting water quality. Manager Johnson stated that there are many efforts underway relating to water quality in addition to the Surface Water Management Plan, such as the proposed wetland ordinance, possibility of a fertilizer control ordinance, education efforts, changes in City operating procedures, and water quality planning for next year. He suggested that a task force may be needed to accomplish a comprehensive approach toward water quality issues. Councilmember Granath endorsed the concept of a water quality task force and stated that a task force would be an effective approach. He said there is a great deal of complexity in water quality issues and there is no single solution. Regular Council Meeting October 17, 1994 Page 26 Marsha Videen, 1151 Kingsview Lane, represented East Parkers Lake Improvement Association. She supported the motion and stated that since Parkers Lake and this watershed is entirely in Plymouth, the City can do something to correct the problems. The water quality problems will only get worse if nothing is done. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to proceed with the Parkers lake Feasibility Study concurrent with and as part of the preparation of the Surface Water Management Plan. Parkers Lake improvement options/recommendations should be given special emphasis in the preparation of the Surface Water Management Plan rather than conducting a separate study of water quality improvement options. Motion carried, seven ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to direct staff to provide options for establishment of a water quality task force. Motion carried, seven ayes. ITEM 9-E WATER QUALITY COMMITTEE VACANCY MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to table an appointment to fill the vacancy on the Water Quality Committee. Councilmember Edson stated it has been many months since commission interviews were conducted, and he believes this vacancy should be filled with the other board and commission appointments in January, 1995. Motion carried, seven ayes. ITEM 9-F MEMBERSHIP IN ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) Discussion was held on the benefits of membership and annual fee relating to consideration of membership in the Association of Metropolitan Municipalities AMM). Mayor Tierney believes that the City should be a member of AMM because of the AMM's heavy involvement with the Metropolitan Council. Regular Council Meeting October 17, 1994 Page 27 Director Hurlburt stated the Metropolitan Council is an important focus for the AMM. The AMM is present at the Met Council's deliberation on policy matters and a participant in the Blueprint process. Councilmember Granath stated he will support membership because of the growing importance of the Metropolitan Council's role and its implementation powers on some issues. He does not agree with all of the AMM policy positions and would prefer direct interaction between the City and Metropolitan Council; however, he will support membership to give this organization a chance. Councilmember Morrison stated she is reluctant to spend money for membership in an organization that lobbies on some positions that the City may not support. She also questioned how well the City may be represented when interests are at odds with other cities. However, she believes that the benefits of information gathering are worth the cost of membership. Councilmember Helliwell stated the AMM is the only lobbying organization that deals with mass transit issues. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to approve membership in the AMM. Motion carried, five ayes; Anderson and Edson nays. ITEM 9-G PROCESS FOR APPOINTMENTS TO BOARDS AND MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to direct staff to: 1) Report to the Council at the next meeting by identifying all upcoming vacancies on every commission and board and all pending applications; 2) Advise all current commission/board members that they will be required to reapply if their term is expiring; 3) Notify the public of the opportunity to submit applications for open seats; and 4) Report back to the Council no later than the first regular meeting of December, 1994: all applications received, together with a request that the Council i) establish a subcommittee to conduct interviews and make recommendations to the full Council. Motion carried, six ayes; Tierney nay. Councilmember Edson volunteered to serve as one member on the Subcommittee. Regular Council Meeting October 17, 1994 Page 28 ITEM 9-H REPORT ON STATUS OF RAILROAD CROSSING AT PINEVIEW LANE Manager Johnson reported that there is still no action on the part of the railroad to install the cross arms and lights at the Pineview Lane crossing. He said the railway strike may have delayed the project, and the City is unable to progress because the railroad has advised that its rules provides it must plan and do the work. Councilmember Edson stated that he has been working on this issue and recently sent a letter to Plymouth's state representatives suggesting they may wish to give jurisdiction to a City to demand control at a railroad crossing when the work is not accomplished within a certain amount of time. He also invited a Soo Line representative to attend the Ward 4 Town Meeting. ITEM 9-I REPORT ON MPRS LAWSUIT Councilmember Granath stated that the Council has been advised of the status of the MPRS lawsuit. He stated the suit involves many cities, and the decision is that there was a discriminatory practice. He believes the City should distance itself from the process found to be discriminatory. Manager Johnson explained that the City has not been using the test which is the subject of the lawsuit. He stated that staff does not intend to recommend renewal of the MFRS contract for police hiring in the future. MOTION was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to adjourn the meeting at 9:59 p.m. Motion carried, seven ayes. O City Clerk