HomeMy WebLinkAboutCity Council Minutes 04-19-1993MINUTES
REGULAR COUNCIL MEETING
APRIL 19, 1993
The regular meeting of the Plymouth City Council was called to order by Mayor Bergman
at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on April
19, 1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou
ABSENT: None
STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community
Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn,
Park and Recreation Director Blank, Attorney Meller, and City Clerk Rauenhorst
ITEM 4 ZACHARY LANE CHESS CLUB
Mayor Bergman congratulated the Zachary Lane Elementary School Chess Club
on their recent state championship.
ITEM 4-A HANDICAP FRIENDLY PARKS IN PLYMOUTH
Girl Scout Troop 166 presented ideas for creating a handicap friendly park in
Plymouth. They will share their information with the Park and Recreation staff.
ITEM 4-B PROCLAMATION OF VOLUNTEER RECOGNITION WEEK
Mayor Bergman proclaimed April 18-24 to be Volunteer Recognition Week.
ITEM 4-C PROCLAMATION OF SHAPE -UP CHALLENGE DAY
Mayor Bergman proclaimed May as Plymouth Shape -Up Challenge Month.
ITEM 4-D SAFETY CAMP, PUBLIC SAFETY/PARK & RECREATION
Recreation Specialist Karol Greupner and Police Officers Brian Beniek and Mike
Goldstein described the events planned for the two-day safety camp to be held at
Parkers Lake. This is a joint effort of the fire, police, and park and recreation
divisions, and youth completing 3rd and 4th grades will be invited to attend.
Regular Council Meeting
April 19, 1993
Page 2
ITEM 4-E PLAQUES OF APPRECIATION TO COMMISSION MEMBERS
Mayor Bergman presented a plaque of appreciation to Anita Vogel for her service
on the West Hennepin Human Services Planning Board from 1983 to 1993.
Former board and commission members Linda Dieleman, Christina Stomberg, and
Michael McConnell were unable to attend the meeting, and their plaques will be
mailed.
ITEM 4-F TELEPHONE VOICE MAIL PROBLEMS
Manager Johnson reported that the City is having problems with its telephone
voice mail system. He asked residents to recontact the City Center if telephone
calls made in the last week have been unanswered.
ITEM 4-G STATUS OF WALMART PLANNING APPLICATIONS
Manager Johnson announced that WalMart has requested a delay in consideration
of their planning applications from May 3 to June 7.
ITEM 5 APPROVE AGENDA
Councilmember Helliwell requested that Item 8-H be moved on the agenda to
follow Item 9-A.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to approve the agenda as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6 CONSENT AGENDA
Items 6-B and 6-U were removed from the Consent Agenda.
Councilmember Helliwell asked that a "nay" vote be reflected for her on Item 6-0.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to approve the Consent Agenda as amended.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 3
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to approve the City Council minutes of the March 15 Study Session,
March 15 Forum, March 15 Regular Meeting, March 22 Study Session, March 22
Town Meeting, March 23 Business Persons Town Meeting, March 29 Board and
Commission Interviews, March 29 Study Session, March 29 Regular Meeting, and
April 12 Study Session.
Motion carried on a roll call vote, five ayes.
ITEM 6-11 DISBURSEMENTS FOR PERIOD ENDING 3-31-93
Councilmember Vasiliou stated that the disbursements which the Council are
requested to approve are for the preceding month. Since these payments have
already been made, she questioned what the Council was really approving. She
requested that the City Manager check this issue and make a recommendation to
the Council.
Manager Johnson stated that one change he is proposing is to put a brief
description next to each payment indicating its purpose.
MOTION was made by Councilmember Vasitiou, seconded by Councilmember
Edson, to adopt RESOLUTION 93-181 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MARCH 31, 1993.
Motion carried on a roll call vote, five ayes.
ITEM 6-C CITY OF PLYMOUTH. LOT DIVISION/CONSOLIDATION (930141
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-182 APPROVING LOT DIVISION/
CONSOLIDATION AND SUBDIVISION VARIANCE FOR CITY OF
PLYMOUTH FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF COUNTY ROAD 6 AND JUNEAU LANE (93014).
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 4
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-183 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION/CONSOLIDATION FOR CITY OF PLYMOUTH FOR
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COUNTY
ROAD 6 AND JUNEAU LANE NORTH (93014).
Motion carried on a roll call vote, five ayes.
ITEM 6-D CITY OF PLYMOUTH. LOT DIVISION/CONSOLIDATION (93015)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-184 APPROVING LOT DIVISION
AND SUBDIVISION VARIANCE FOR CITY OF PLYMOUTH LOCATED
NORTHWEST OF COUNTY ROAD 6 AND XANTHUS LANE (93015).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-185 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR
LOT DIVISION AND VARIANCES FOR THE CITY OF PLYMOUTH
93015).
Motion carried on a roll call vote, five ayes.
ITEM 6-E REDUCTION OF SITE PERFORMANCE GUARANTEE
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-186 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR GREAT MIDWEST
CONSTRUCTION, INC., LOCATED AT THE SOUTHWEST CORNER
OF PILGRIM LANE AND LANCASTER LANE (90104).
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 5
ITEM 6-F HRA CDBG RECOMMENDATION FOR 1993
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-187 AUTHORIZING SUBMISSION
OF THE CITY OF PLYMOUTH FINAL STATEMENT TO THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
FOR INCLUSION IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FOR FISCAL YEAR 1993.
Motion carried on a roll call vote, five ayes.
ITEM 6-G ARGUS DEVELOPMENT INC. FINAL PLAT/PLAN FOR
EAGLEWOOD (92110)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-188 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR ARGUS DEVELOPMENT, INC.,
FOR "EAGLEWOOD ADDITION" LOCATED NORTHEAST OF
COUNTY ROAD 9 AND GOLDENROD LANE NORTH (92110) (RPUD 92-
5).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-189 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
ARGUS DEVELOPMENT, INC., FOR "EAGLEWOOD ADDITION"
LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD
LANE NORTH (92110) (RPUD 92-5).
Motion carried on a roll call vote, five ayes.
ITEM 6-H U.S. HOMES INC. FINAL PLAT/PLAN FOR BRIDLEWOOD FARM
3RD ADDITION (93021)
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-190 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR ORRIN THOMPSON HOMES, A
DIVISION OF U.S. HOMES CORPORATION, FOR BRIDLEWOOD
FARM 3RD ADDITION LOCATED AT THE SOUTHEAST CORNER OF
BROCKTON LANE AND MEDINA ROAD (93021) (RPUD 90-2).
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 6
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-191 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
ORRIN THOMPSON HOMES, A DIVISION OF U.S. HOMES
CORPORATION, FOR "BRIDLEWOOD FARM 3RD ADDITION"
LOCATED AT THE SOUTHEAST CORNER OF BROCKTON LANE
AND MEDINA ROAD (93021) (RPUD 90-2).
Motion carried on a roll call vote, five ayes.
ITEM 6-I SCHEDULE HEARING ON REFUNDING OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR BANNER ENGINEERING CORP.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-192 RELATING TO A PROJECT
UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
GIVING THE PROJECT PRELIMINARY APPROVAL SUBJECT TO A
PUBLIC HEARING.
Motion carried on a roll call vote, five ayes.
ITEM 6-J DISPOSITION OF TAX FORFEIT PARCEL 13-118-22-22-0111/
SAGAMORE CONDOMINIUM
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-193 AUTHORIZING THE PUBLIC
SALE OF TAX FORFEIT PARCEL FOR NONPAYMENT OF REAL
ESTATE TAXES, 13-118-22-22-0111.
Motion carried on a roll call vote, five ayes.
ITEM 6-K STREET LIGHTING CONTRACT WITH NSP
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-194 APPROVAL OF STREET
LIGHTING CONTRACT, NORTHERN STATES POWER COMPANY.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 7
ITEM 6-L REFUND OF SEWER AND WATER AREA ASSESSMENTS
PROJECT 121
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-195 AUTHORIZE
REIMBURSEMENT OF ASSESSMENT, SEWER AND WATER AREA
CHARGES, BRIDLEWOOD FARM ADDITION, LEVY NO. 12199.
Motion carried on a roll call vote, five ayes.
ITEM 6-M ORDER UPDATE OF PRELIMINARY ENGINEERING REPORT
FOR 26TH AVENUE IMPROVEMENTS, PROJECT 601
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-196 ORDERING UPDATE OF
PRELIMINARY REPORT, 26TH AVENUE - STATE HIGHWAY 169 TO
EAST MEDICINE RIDGE ROAD, CITY PROJECT NO. 601.
Motion carried on a roll call vote, five ayes.
ITEM 6-N APPROVE 1993 TRAIL IMPROVEMENTS, PROJECT 317
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-197 APPROVING PRELIMINARY
ENGINEERING REPORT AND AUTHORIZING PREPARATION OF
PLANS AND SPECIFICATIONS, 1993 TRAIL IMPROVEMENTS, CITY
PROJECT NO. 317.
Motion carried on a roll call vote, five ayes.
ITEM 6-0 AWARD CONTRACT FOR NORTHWEST BLVD.
IMPROVEMENTS, PROJECT 205
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-198 AWARDING BID, NORTHWEST
BOULEVARD IMPROVEMENTS, SCHMIDT LAKE ROAD TO 54TH
AVENUE, CITY PROJECT NO. 205.
Motion carried on a roll call vote, four ayes; Helliwell nay.
Regular Council Meeting
April 19, 1993
Page 8
ITEM 6-P RECEIVE PRELIMINARY ENGINEERING REPORTS AND REFER
TO SPECIAL ASSESSMENT COMMITTEE
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-199 RECEIVING PRELIMINARY
ENGINEERING REPORT AND REFERRING REPORT TO THE
SPECIAL ASSESSMENT COMMITTEE, FUTURE COUNTY ROAD 9
IMPROVEMENTS, VICKSBURG LANE TO STATE HIGHWAY 55, CITY
PROJECT NO. 310.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-200 RECEIVING PRELIMINARY
ENGINEERING REPORT AND REFERRING REPORT TO THE
SPECIAL ASSESSMENT COMMITTEE, DUNKIRK LANE
IMPROVEMENTS, OLD ROCKFORD ROAD TO FUTURE COUNTY
ROAD 9, CITY PROJECT NO. 308.
Motion carried on a roll call vote, five ayes.
ITEM 6-0 1993 BIENNIAL UPDATE SURVEY OF STREET
RECONSTRUCTION PROGRAM
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-201 BIENNIAL UPDATE PAVEMENT
MANAGEMENT PROGRAM.
Motion carried on a roll call vote, five ayes.
ITEM 6-R PLYMOUTH METROLINK CONTRACT EXTENSION
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-202 APPROVAL OF PLYMOUTH
METROLINK CONTRACT EXTENSION WITH THE MTC AND ITS
SUBCONTRACTOR, MORLEY/NATIONAL SCHOOL BUS COMPANY,
INC.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 9
ITEM 6-S DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-203 REDUCING DEVELOPMENT
BOND, GREENWOOD PONDS ADDITION (91057).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-204 REDUCING DEVELOPMENT
BOND, PARKERS LAKE NORTH 7111 ADDITION (91103).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-205 REDUCING DEVELOPMENT
BOND, BRIDLEWOOD FARM 2ND ADDITION (92037).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-206 REDUCING DEVELOPMENT
BOND, ROCKFORD ROAD PLAZA ADDITION (89014).
Motion carried on a roll call vote, five ayes.
ITEM 6-T SET HEARING ON OFF -SALE INTOXICATING LIQUOR
APPLICATION OF LIQUOR EXPRESS INC.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-207 SETTING PUBLIC HEARING ON
OFF -SALE INTOXICATING LIQUOR LICENSE APPLICATION OF
LIQUOR EXPRESS INC., 12 NATHAN LANE.
Motion carried on a roll call vote, five ayes.
ITEM 6-U REQUEST FOR GRANT FOR CADET APPRENTICESHIP
PROGRAM
Public Safety Director Gerdes requested that the Council authorize staff to apply
for a grant from the Juvenile Justice Advisory Council for a Cadet Apprenticeship
Program. He stated the Program is a one-on-one job mentor program that will
provide minority youth an alternative paid work experience where they can explore
Regular Council Meeting
April 19, 1993
Page 10
the field of law enforcement and develop job skills. It is hoped that the over-
representation of minority youth in the judicial system can be addressed by
correcting the under -representation of minority employment in the field of law
enforcement.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to authorize staff to apply for a grant from the Juvenile Justice Advisory
Council for the Cadet Apprenticeship Program.
Motion carried on a roll call vote, five ayes.
ITEM 6-V APPROVE ADDENDUM TO MAINTENANCE EMPLOYEES'
LABOR CONTRACT
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-208 APPROVING THE ADDENDUM
TO THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH
AND PLYMOUTH MAINTENANCE EMPLOYEES REPRESENTED BY
AFSCME, COUNCIL 14, FOR THE CALENDAR YEAR 1993.
Motion carried on a roll call vote, five ayes.
ITEM 7-A VACATION OF UTILITY AND PONDING EASEMENTS ON
OUTLOT A, BRIDLEWOOD FARM 2ND ADDITION
Public Works Director Moore presented the staff report on the proposed vacation
of drainage and utility easements and drainage easement for ponding purposes
within Outlot A, Bridlewood Farm 2nd Addition.
Mayor Bergman opened the public hearing on the proposed vacation at 7:30 p.m.
No one appeared, and the hearing was closed.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to adopt RESOLUTION 93-209 AUTHORIZING THE VACATION
OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE
EASEMENTS FOR PONDING PURPOSES, OUTLOT A, BRIDLEWOOD
FARM 2ND ADDITION.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 11
MM 8-A and 8-B JANCO, INC. RPUD CONCEPT PLAN; PREL. PLAN/PLAT
AND CUP; REZONING AND VARIANCE (92112)
Community Development Director Dillerud presented the staff report on the
request of Janco, Inc., for Residential Planned Unit Development Concept Plan;
Preliminary Plan/Plat and Conditional Use Permit; Rezoning; and Subdivision
Code Variance for cul-de-sac length for property northeast of County Road 9 and
Northwest Blvd. He stated this was the second RPUD Concept and Preliminary
Plan to be reviewed by the Planning Commission. The initial plan for 86 units was
recommended for approval by the Planning Commission on January 13, 1993.
Prior to presentation of the application to the City Council, the developer
redesigned the area south of County Road 9, resulting in an increase of five
dwelling units and a different concept.
He described the proposed plan for this 42 acre site is to create 66 single family
detached building lots on the portion of the site north of County Road 9. These
lots would be of a similar size and design as the lots found in the Swan Lake and
Swan Lake West Subdivisions immediately to the north.
The design of the portion south of County Road 9 is less conventional than that
north of County Road 9. Proposed are 25 lots ranging from 7,575 to 10,644 sq.
ft. with several common drives, open space, driveways shared at the common
property line, and common off-street parking at separate locations within the
subdivision. He stated this development would be of a character similar to the
Laukka "Zipper Zee" single family homes southeast of Vicksburg Lane and 18th
Avenue North.
Director Dillerud stated discussion was held at the Planning Commission hearing
on the public road access. Concern was raised by adjoining property owners of
increased traffic on Norwood Lane easterly to Larch Lane and the proximity of
42nd Place as it approaches Northwest Blvd. to existing homes in Swan Lake
West One neighbor suggested that an alternative routing for that traffic would be
through Quinwood Lane that is currently terminated at the north property line of
this site. This option would also avoid the necessity to cross the Hennepin Parks
trail and the small wetland area that is located within the trail corridor. After
review of the proposed alternative route, the City Engineer indicated that there
was not a great deal of difference between the two options; however, general
engineering practice is to find a route with the most direct access to a collector
street.
Councilmember Vasiliou stated that she had spoken with Mr. Clarkson regarding
his concerns about trees and wetlands, and she thanked the developer, Mr.
Graham, for his offer to install screening.
Regular Council Meeting
April 19, 1993
Page 12
Mr. Graham stated that he is continuing discussions with Mr. Clarkson on this
issue.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to
adopt the following resolutions and ordinance:
RESOLUTION 93-210 APPROVING RESIDENTIAL PLANNED UNIT
DEVELOPMENT CONCEPT PLAN FOR JANCO, INC. LOCATED
NORTHEAST OF COUNTY ROAD 9 AND NORTHWEST BOULEVARD
92112),
RESOLUTION 93-211 APPROVING RESIDENTIAL PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAT/PLAN, CONDITIONAL USE
PERMIT AND SUBDIVISION ORDINANCE VARIANCE FOR JANCO
INC., LOCATED NORTHEAST OF COUNTY ROAD 9 AND
NORTHWEST BOULEVARD (92112), adding Condition 27 that Mr.
Clarkson and Mr. Graham will arrive at a solution to the wetland/screening
issue that is acceptable to all parties,
ORDINANCE 93-6 AMENDING THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LOCATED NORTHEAST OF COUNTY
ROAD 9 AND NORTHWEST BOULEVARD AS R -IA (LOW DENSITY
SINGLE FAMILY RESIDENTIAL) AND R-2 (LOW DENSITY
MULTIPLE RESIDENTIAL DISTRICT) (92112),
RESOLUTION 93-212 SETTING CONDITIONS TO BE MET PRIOR TO
PUBLICATION OF ORDINANCE REZONING LAND FOR JANCO, INC.,
LOCATED NORTHEAST OF COUNTY ROAD 9 AND NORTHWEST
BOULEVARD (92112).
Public Works Director Moore stated this proposed plat requires filling a portion of
the wetland in the southeast corner of the plat and some filling on the Hennepin
County Park property between the west plat line and Northwest Boulevard for the
construction of 42nd Place. The filling of a small wetland for the construction of
Lot 7, Block 5, is also proposed. The total fill area is 0.26 acres. The proposed
mitigation will be adjacent to an existing wetland north of County Road 9 within
proposed Lots 2 through 6, Block 5. The mitigation will be 0.26 acres, a 1:1
replacement. He also described the area where the Hennepin Parks trail would
cross the roadway and wetland.
Motion to adopt Resolutions 93-210, 93-211, and 93-212, and Ordinance 93-6
carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 13
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to adopt RESOLUTION 93-213 APPROVING FILLING WETLANDS AND
THE WETLAND MITIGATION PLAN FOR THE SWAN LAKE SOUTH
ADDITION PROPERTY.
Motion carried on a roll call vote, five ayes.
ITEM 8-C JANCO, INC. FINAL PLAT FOR SWAN LAKE SOUTH (92112)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-214 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR JANCO, INC. FOR "SWAN LAKE
SOUTH" LOCATED NORTHEAST OF ROCKFORD ROAD AND
NORTHWEST BOULEVARD (92112) (RPUD 92-6).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-215 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
JANCO, INC., FOR "SWAN LAKE SOUTH" LOCATED NORTHEAST
OF ROCKFORD ROAD AND NORTHWEST BOULEVARD (92112)
RPUD 92-6).
Motion carried on a roll call vote, five ayes.
ITEM 8-D SCHOOL LIAISON OFFICER FOR SCHOOL DISTRICT 284
Public Safety Director Gerdes stated the City was able to place a school liaison
officer in Armstrong High School (District 281) last year. This proved to be a
valuable program to both the police department and the school district. School
District 284 has indicated their willingness to underwrite a portion of the salary
and benefit costs in the amount of $32,500 for a liaison officer for the 1993-94
school year. The City would pay the remaining one-third of the cost. During the
school summer vacation period, this officer will be assigned normal police duties.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, to approve the school liaison officer program for Independent School
District 284 (Wayzata).
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 14
ITEM 8-E REQUEST FOR "ALL -WAY" STOP ON 19TH AVENUE AT
FOUNTAIN LANE AND AT HOLLY LANE
City Engineer Faulkner presented the staff report on the request for "All -Way"
stop on 19th Avenue at Fountain Lane and at Holly Lane. He described the
existing signage along 19th Avenue and recommended that further signage is not
warranted. The initial request was made by Ron Weber, 17000 19th Avenue
North, in February, 1992. The City Engineer responded that an "All -Way" stop is
not appropriate at Holly Lane or at Fountain Lane for purposes of speed control.
In addition, 19th Avenue is a designated collector street, as well as being the
through movement of a "T" intersection, giving the eastbound and westbound
traffic the right-of-way. He indicated in his response to Mr. Weber that he would
support a southbound stop on Fountain Lane due to poor sight distance in the
northeast quadrant of that intersection. He also described the City's Stop Sign
Policy and the required petition process.
Engineer Faulkner stated that Mr. Weber later submitted a petition for his request;
however, the petition lacked the signatures of at least 70 percent of the property
owners living within 500 feet of the intersections as required by the City Stop Sign
Policy before the Council would consider the request. Mr. Weber subsequently
submitted additional petition names which met the City Policy. There are residents
who oppose the request. He stated that Strgar-Roscoe-Fausch, Inc., conducted a
study and concluded that due to low traffic volumes, an "all -way" stop control is
not warranted at either Holly Lane nor Fountain Lane on 19th Avenue. A stop
sign is recommended for southbound Fountain Lane at 19th Avenue due to the
potential sight distance problem. The report also concluded there is a speeding
problem in this area and selective traffic enforcement has recently been conducted
by the police department.
Ron Weber, 17000 19th Avenue North, requested that the Council approve the all -
way stop at the intersections of 19th Avenue and Holly Lane and at 19th Avenue
and Fountain Lane. He stated that traffic problems on 19th Avenue North began
in 1986 when 19th Avenue was extended to Dunkirk Lane. He stated 19th
Avenue North is a collector street and, therefore, its intended purpose is to move
traffic in and out of the immediate neighborhood - not through the neighborhood.
He predicted the traffic problems will worsen as further development occurs in the
area. Mr. Weber stated the street was not designed to carry the amount of traffic
it has and the straight three block segment in this area encourages speeding. It is
difficult for the police to run radar for enforcement of speeding because the police
vehicle is visible due to the design of the street. He stated there have been many
near accidents that he and other neighbors have observed due to speeding and
careless driving, and he described several property damage incidents.
Regular Council Meeting
April 19, 1993
Page 15
Mr. Weber showed a video tape of traffic on 19th Avenue. He stated the all -way
stop at Holly Lane and 19th Avenue would increase safety for pedestrians and
bikers using the trail, while the all -way stop at Fountain Lane would resolve the
sight distance concerns. The installation of stop signs would also slow traffic and
deter motorists from using 19th Avenue as a short-cut when their destination is not
in the neighborhood. He read letters from Curtis Stephan, 17220 19th Avenue
North, and Susan Peterson, 1825 Garland Lane, supporting the all -way stop
requests.
In response to a question by Councilmember Tierney, Engineer Faulkner stated the
speed limit is 25 mph on the curves and 30 mph on the straight three block section.
Brenda Hylle, 17210 19th Avenue North, read a letter supporting the all -way stop
requests. She expressed concerns about visibility at 19th Avenue and Fountain
Lane, property damage, and safety near the trail. Ms. Hylle described property
damage incidents involving her mailbox, garbage cans, and the street light. She
stated the individuals who oppose the petition have a sidewalk or trail abutting
their property. She noted particular concern with the hill on the southbound trail
and stated that many bikers do not slow down when approaching 19th Avenue
North, but rather go directly into the street from the trail. She suggested that a
stop sign be installed at the end of the trail at 19th Avenue. Ms. Hylle stated her
handicapped brother has limited mobility because it is dangerous to cross 19th
Avenue North. She disagreed with the engineer's report that inappropriately
placed stop signs can create a false sense of security and stated that all -way stops
would slow traffic and improve safety at these intersections.
Councilmember Vasiliou asked if Ms. Hylle would support a stop sign at Fountain
Lane and 19th Avenue only.
Ms. Hylle stated it would be better than nothing but would not be adequate.
Councilmember Vasiliou concurred that the trail with the hill going onto 19th
Avenue could be dangerous. She stated that neighborhood children need to be
educated about this danger.
Peter Fuller, 17020 19th Avenue North, stated he has lived adjacent to the trail for
six years and never witnessed a near accident. He opposes the requested all -way
stop because there are good sight lines at 19th Avenue and Holly Lane and the
existing signage is adequate. Mr. Fuller submitted a petition in opposition to the
request and stated his concerns relate to the consulting engineer's report that
unwarranted stop signs can decrease safety at intersections. He cited two
additional articles that reported that accidents can increase when stop signs are
improperly placed. He stated that 19th Avenue is a public street and everyone has
a right to use it - not only the residents who live in the neighborhood. Mr. Fuller
Regular Council Meeting
April 19, 1993
Page 16
supports increased traffic enforcement and education to reduce the speeding
problem, and requested that the City help communicate this message to
surrounding neighborhoods likely to use 19th Avenue on a regular basis.
Mr. Fuller stated he spoke with 12 neighbors this week, seven of whom had
previously signed the petition supporting the all -way stop request. Three changed
their opinion based on the safety information presented about the inappropriate
placement of stop signs and now oppose the all -way stop. Everyone he spoke with
thought speed was a problem on 19th Avenue.
Mayor Bergman stated the trail design is potentially dangerous, and he asked who
constructed it.
Park Director Blank stated the trail was constructed by the subdivision developer
in the mid 1970's.
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
adopt RESOLUTION 93-216 INSTALLATION OF STOP SIGNS, directing
placement of stop signs on Fountain Lane at 19th Avenue, on Holly Lane at
19th Avenue, and at the end of the trail as it enters 19th Avenue; and
directing that the curve be striped to delineate the lanes. This action would
not preclude further future action and a new petition requesting that the
Council consider an all -way stop would not be required.
Councilmember Vasiliou asked Public Safety Director Gerdes to respond to the
resident's comments regarding difficulty in radar enforcement due to visibility of
the police vehicle. She suggested that the Public Safety Education Specialist may
be able to work on the issue of speeding on 19th Avenue with the surrounding
neighborhoods.
Director Gerdes stated that many times the intent of the police during radar
enforcement is to be visible. When the police are present, there is an impact on
traffic.
Kevin Miller, 17100 19th Avenue North, stated he has witnessed accidents on 19th
Avenue, particularly during winter storm conditions. He suggested that the speed
limit be reduced to 25 mph.
Mayor Bergman explained that state law establishes the maximum 30 mph speed
limit.
The resident of 17200 19th Avenue North stated his mailbox has been hit by
vehicles several times, and motorists drive down the middle of the road around the
curves.
Regular Council Meeting
April 19, 1993
Page 17
Councilmember Edson stated it may be dangerous to have a stop on westbound
19th Avenue at the Fountain Lane intersection due to the sight distance and the
curve.
Director Moore stated he would not recommend installation of a stop sign at this
location for only westbound traffic. Eastbound traffic turning left at Fountain Lane
may assume that the westbound traffic will stop, and additional accidents could
occur.
Allan Tennessen, 1900 Garland Lane, supported the all -way stop at 19th Avenue
and Fountain Lane.
Phil Nelson, 16910 19th Avenue North, supported the all -way stop at 19th Avenue
and Fountain Lane.
MOTION to amend the main motion was made by Councilmember Edson,
seconded by Councilmember Vasiliou, to approve an all -way stop at the
intersection of 19th Avenue North and Fountain Lane, to direct the engineer
to study the speed on the curves on 19th Avenue, and to direct the Risk
Management Coordinator to study the trail, including reducing the speed on
the trail, signage, and liability issues in order to improve safety.
Councilmembers Tierney and Helliwell stated they would prefer an all -way stop at
Fountain Lane and at Holly Lane.
Mayor Bergman noted there are only four homes between these streets. The
acceleration and deceleration of vehicles could cause pollution and noise problems.
Bill Faust, 1840 Garland Lane, supported the all -way stop at 19th Avenue North
and Fountain Lane.
Councilmember Edson stated that an all -way stop at Fountain Lane and 19th
Avenue North may dissuade some motorists from using 19th Avenue.
Peter Fuller stated the traffic on 19th Avenue North is not heavy, but he would
support an all -way stop at 19th Avenue and Fountain Lane. He stated the
neighbors would be willing to help the City communicate with abutting
neighborhoods about the speeding problem on 19th Avenue.
Motion to amend the main motion carried, five ayes.
Main motion as once amended carried on a roll call vote, five ayes.
Regular Council Meeting
April 19, 1993
Page 18
ITEM 8-F REQUEST OF JAMES MERKEL TO APPEAL DENIAL OF
MASSAGE CERTIFICATE
This item has been deferred on the advice of the City Attorney to May 3. The
applicant has been notified of this deferral.
ITEM 8-G GEESE CONTROL PROGRAM
Public Safety Director Gerdes stated the City has experienced problems relating to
the increasing goose population for some time. The City had previously
participated in the University of Minnesota's goose roundup from 1988 through
1991. He stated the City is currently seeking a number of different methods to
assist with the geese problem. The Park and Recreation Department is seeking
information regarding the "shaking eggs" method of control. The possibility of
using the Capable Partners limited hunting season in the City is also being pursued.
Staff believes the most effective way to control the geese overpopulation problem
is to address it from many different routes. He stated that staff will continue to
seek assistance from federal and state agencies, but recommended that the City
engage in a one-year contract with the University of Minnesota at a cost of up to
5,000 in an effort to show those agencies the City is willing to participate.
Councilmember Tierney asked if there was a way to defray some of the program
costs, such as a hunter's organization paying for the geese to be relocated to their
area.
Director Gerdes stated the cost under this program is $1,000 per site from which
geese are removed. This is the only approved geese relocation program.
Councilmember Vasiliou stated the City Council has received letters from residents
who have experienced very serious geese problems on private property. She
suggested that it may be more effective to remove geese from private property if
the populations are larger than on public property. She also asked if the program
is effective in reducing the geese population.
Director Gerdes stated it is questionable whether the program reduces the number
of geese. The number of geese in Plymouth remained stabilized during the years of
the previous program, and the numbers increased in 1992 and 1993.
Councilmember Vasiliou questioned the $1,000 per site program cost, particularly
with respect to private property which would be a much smaller area. She would
support removal from both public and private sites in 1993. She stated that she
received a letter from a resident who has 75 geese in her yard. This may be one
site to consider under the program.
Regular Council Meeting
April 19, 1993
Page 19
Director Gerdes stated the fee is set by the program; however, he will attempt to
negotiate a lower fee for private property.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION 93-217 AUTHORIZING THE USE OF
5,000 FROM THE CONTINGENCY FUNDS (101-190-899.66) TO
CONTRACT WITH THE UNIVERSITY OF MINNESOTA FOR GEESE
RELOCATION IN 1993.
MOTION to amend the main motion was made by Councilmember Edson,
seconded by Mayor Bergman, that at least two private sites are to selected. Staff
should evaluate the private sites to determine if there are sites worse than the
proposed public sites and if more than two private sites should be selected.
Motion to amend carried, five ayes.
Main motion as once amended carried on a roll call vote, four ayes; Vasihou nay.
The Council requested that an article be planned for the Plymouth News on efforts
for geese control.
ITEM 9-A REPORT ON EMPLOYEE BENEFITS
Manager Johnson stated that on April 9 he notified the Council of six employee
benefits that did not appear to have been approved by the City Council. He stated
that when evidence is found that possible inappropriate payments have been made,
state law requires that the State Auditor be notified. Manager Johnson reported
this to the State Auditor on April 14. He stated that the Auditor has been
requested to advise the City with respect to the appropriate action to take. The
Council still needs to address a mileage policy and vacation policy.
He stated that in an effort to keep the Council better informed, future claims lists
will include a brief description of the purpose of the expenditures. He also intends
to ensure that the budgeting process clearly and concisely describes all employee
benefits.
Manager Johnson stated that he doesn't want citizens or the Council to have the
impression that supervisors who received possibly City Council unauthorized
benefits knew there was any possibility of any wrongdoing or that there was a lack
of authorization for the benefits. He stated that any implication in the newspaper
articles that supervisors of the City were involved in improper activities was
misstated and incorrect.
Regular Council Meeting
April 19, 1993
Page 20
Councilmember Tierney stated concerns that articles about supervisor benefits
appeared in the newspaper before a Council session was held on the subject. She
asked why there was a rush to share the information with the press before
discussions were held with Councilmembers or staff members. She stated
Councilmembers should not be the last to know.
Manager Johnson stated that as soon as he was aware it would be in the
newspapers, he held a meeting with supervisors. He stated the information
requested by the media was public according to the City Attorney, and he provided
what was requested. He initially wrote to the Council about the issue on April 1,
and provided further detailed information on April 9. The issue first appeared in
the newspaper on April 14.
Councilmember Vasiliou stated that when the City Manager initially notified the
Council of this issue, she wrote to the City Attorney asking for the appropriate
action to take to request an audit. Therefore, the City Attorney's response was
directed to her and the City Manager. She stated that she issued the news release
to the media.
Councilmember Helliwell stated that she also feels she was not appropriately
notified of the issue. She expressed concerns about the effects on staff members of
handling the issue in this way and not communicating with supervisors before the
article appeared in the newspaper.
Councilmember Helliwell stated she was aware that expenditures for clothing and
eyeglasses were paid out of the Risk Management Fund. She stated this was
mentioned at a Council budget study session when she was first elected to the
Council. She stated that there are other items contained in the budget that could
be considered "perks", such as clothing allowances, insurance, meals, and coffee.
Mayor Bergman stated that those items are different because each is authorized
and clearly outlined in the budget, and the clothing allowance is for uniformed
employees.
Councilmember Helliwell stated that she believes the City Manager, through his
job description, had authority to establish effective personnel programs. She stated
that supervisors and department heads received additional benefits because they
are not paid overtime and she believes these benefits are typical of other managers.
She noted that Manager Johnson had reported that supervisors paid taxes on
benefits received. She asked if affected employees have received a copy of the
report.
Manager Johnson stated affected employees have not been provided a copy of the
report.
Regular Council Meeting
April 19, 1993
Page 21
Councilmember Helliwell stated that Frank Boyles indicated he discontinued some
of the benefits when he was serving as Acting City Manager because he felt the
next City Manager should negotiate benefits. She stated that the information
should not have been released to the press before it was discussed with the Council
or affected employees.
Councilmember Edson stated that each Councilmember has the right to issue press
releases as they see fit. He stated that the State law requires reporting to the State
Auditor if there is a suspicion of some problem. He stated the public sector is
different than the private sector. Some of the benefits may be the same, but full
disclosure should be required in the public sector. He stated that some executives
and managers in the private sector are now required to fully disclose their income
and benefits. Councilmember Edson stated it is his understanding that
compensation policies are the authority of the City Council and the City Manager
administers those policies. He stated he was not previously aware of these
benefits.
He stated that a private audit may be more appropriate than an audit conducted by
the State Auditor as the Council needs management advice. There are certain
samples and tests that are normally conducted by firms experienced in municipal
audits. He stated the Council could interview several audit firms to determine
which may best be able to conduct an audit the Council desires. He stated, for
example, that had the present or previous audit firms reconciled the City Manager
and Finance Director's W -2's with the Council authorized compensation or
checked all employees compensation against the state law maximum
compensation, these problems and those relating to the former City Manager
would have been discovered. He stated an audit would give the Council and
citizens confidence in the City's financial reporting and internal controls.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
direct the City Manager to solicit proposals from CPA firms that have expertise in
municipal government auditing from the standpoint of looking at this situation and
making recommendations for future changes. The Council would then interview
the firms.
Councilmember Edson stated the Council may wish to discuss in a study session
the issues they would like to see addressed in an audit.
Manager Johnson stated he assumes the audit would focus on compensation issues
versus a full audit.
Councilmember Edson stated it could focus on internal controls and compliance
with state laws, as well as the compensation issues that have been raised.
Regular Council Meeting
April 19, 1993
Page 22
Councilmember Helliwell stated she would like the City Attorney billings audited
as well.
Councilmember Vasiliou stated she would support the motion, providing the
previous City Attorney bills were audited as well. She asked the State Auditor's
office if they tested the former City Manager's salary against the state mandated
maximum, and they indicated they had not.
Manager Johnson suggested that the Council delay any action for 30 days to wait
for a response from the State Auditor. He stated an outside audit would be costly
and the Council should first determine the direction they wish to go.
Councilmember Edson stated he had no objection to waiting 30 days.
SUBSTITUTE MOTION was made by Councilmember Helliwell, seconded by
Councilmember Vasiliou, to defer any action for 30 days in order to give the State
Auditor time to review the issue and make a recommendation to the Council.
Substitute motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, that the City Manager provide a copy of the report on supervisor benefits
to affected employees.
Motion carried, five ayes.
ITEM 9-B AWARD OF ELECTRONIC DATA PROCESSING AND BOILER
AND MACHINERY INSURANCE
Risk Management Coordinator Pemberton stated on March 29, the Council
requested that staff seek competitive bids for electronic data processing equipment
and boiler and machinery insurance. The St. Paul Fire and Marine Insurance
Company reduced their premium charge for the electronic data processing
coverage to $2,200. The only other quotation was from Northbrook Insurance in
the amount of $1,611. However, he doesn't recommend award to Northbrook
because it would not provide for the replacement of equipment of equal
performance, capacity or function and is a lesser coverage than that quoted by St.
Paul Company.
Coordinator Pemberton stated the current boiler and machinery coverage is written
by the Hartford Steam and Boiler Inspection and Insurance Company. Other firms
declined to quote on the boiler and machinery coverage. He stated the premium
Regular Council Meeting
April 19, 1993
Page 23
quoted includes a 10 percent commission which is paid directly to the writing
agent. He does not believe they will write a policy excluding the agent system.
He recommended that the Council award the contract for the 1993-94 electronic
data processing coverage to the St. Paul Fire and Marine Company for $2,200, and
the boiler and machinery coverage to the Hartford Steam Boiler Inspection and
Insurance Company for $11,120.
Councilmember Vasiliou stated she spoke with Peter Tritz, Attorney with the
League of Minnesota Cities Insurance Trust. He indicated many cities are moving
toward a fee for service, rather than agent percentage basis. Many cities have also
inquired about policies written through the LMCIT that require use of an agent.
Mr. Tritz indicated that the agent requirement was likely to ensure that smaller
cities would have guidance, and was supported by the insurance association
lobbying group, and he suggested the City consider a fee for service basis.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-218 AWARDING THE CONTRACT
FOR INSURANCE FOR THE 199311994 INSURANCE PROGRAM, as
recommended.
Councilmember Vasiliou stated this policy is not issued through LMCIT and,
therefore, the 10 percent agent commission fee is not required. She asked how the
10 percent was determined.
Coordinator Pemberton stated the 10 percent fee was established by the company
and remitted to the agent.
Motion carried on a roll call vote, four ayes; Vasiliou nay.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
direct the Risk Management Coordinator to solicit proposals from insurance
agencies on a fee basis and submit the proposals to the City Council in October,
1993, for the 1994 renewal period.
Motion carried, five ayes.
ITEM 9-C TAX INCREMENT FINANCING PROGRAM
Community Development Director Dillerud presented the staff report on the
proposed tax increment financing program for existing TIF districts soon to expire.
He stated that historically Plymouth has earmarked virtually all of the increments
generated from new construction within the existing TIF districts to public
improvements. One of the concepts previously presented to the Council at a study
Regular Council Meeting
April 19, 1993
Page 24
session was to, only in those TIF districts that continue to exist, apply TIF
assistance directly to the projects that would develop within those districts during
the remaining time period of the districts (generally 2-4 years). Subsequent to the
study session, staff has sought assistance of the financial consultant, Springsted,
Inc., for preparation of a draft program to apply forecasted TIF increments to
specific projects within the existing districts.
He stated the proposed program would specifically apply to only 13 individual
existing districts that expire as early as 1996 and as late as 1998. The proposed
program qualifications are: 1) Compliance with all applicable local, State and
Federal regulations concerning land use, zoning, and operations; 2) Limitation to
basic manufacturing, high tech research/development, and distribution projects.
Office and commercial activities would be excluded; and 3) Limitation to location
within the existing TIF Districts.
Director Dillerud stated the TIF increment that would be generated per million
dollars of building value has been forecasted by Springsted to range from a low of
29,260 in a district due to expire in 1996 to a high of $161,822 in another district
scheduled to expire in 1998. He suggested averaging of the available per million
dollars of new market value over the entire 13 districts which would yield an
average increment per million dollars of new market value created of $81,548.
He stated the Council should determine the percentage of the TIF increment they
would desire to apply directly to the development project. The balance of the
increment would be deposited in the City's TIF account for application to other
projects - probably of an infrastructure nature as done in the past. He stated that
percentages throughout the metro area range from 0 to 75 percent, after deduction
of an amount payable to the City for administering the TIF project. He suggested
that 50 percent could be designated to apply directly to a development project
after a 10 percent administrative fee is deducted.
Councilmember Helliwell asked if 50 percent would be a reasonable amount to
encourage development.
Director Dillerud stated yes, based on the experience of other cities. He stated the
TIF program could require extensive staff time and he stated the 10 percent
administrative fee is also reasonable.
Councilmember Edson asked if the program will be advertised.
Director Dillerud stated property owners would be notified of the program.
Councilmember Edson asked John Lavander to respond to the proposed 50
percent of increment eligible to be applied directly to a development project.
Regular Council Meeting
April 19, 1993
Page 25
John Lavander, Caliber Development, stated developers currently need as much
assistance as they can get. He noted that bad soils exist on his specific site in an
existing TIF district. He proposed that the Council move ahead with a project and
then determine if the 50 percent/10 percent is reasonable.
Director Dillerud stated he is aware of three projects that are ready to go, and
noted that it may be difficult to change the percentage for future projects if it is
established now. He suggested that the percentage could be left open to be
designated by the Council at a later date.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-219 ESTABLISHING A TAX
INCREMENT FINANCING PROGRAM FOR EXISTING TAX
INCREMENT DISTRICTS, establishing a 10 percent administrative fee and
designating no set percentage of increment eligible to be applied directly to
the development project.
Councilmember Edson stated the 10 percent administrative fee is justified because
there are up -front program costs and significant staff time could be involved with a
TIF project.
Councilmember Vasiliou stated she would like to see the City stay around the 50
percent range. She would be concerned if the percentage of eligible increment to
be applied to a development project exceeded 50 percent.
Motion carried on a roll call vote, five ayes.
ITEM 9-D STATUS FOR PUBLIC LIBRARY AT 36TH AVENUE NORTH AND
VICKSBURG LANE
Community Development Director Dillerud stated that over the past several
weeks, representatives of the Hennepin County Library Board have addressed their
concerns regarding his earlier finding that a Conditional Use Permit would be
required for the new library site at 36th Avenue North and Vicksburg Lane. This
has been a concern at the County since they wish to preserve their options with
regard to library functions in the future.
He recently reviewed the Zoning and Planned Unit Development circumstances
that apply directly to the library site. The 1992 amendment to the Plymouth Hills
PUD Plan broadened the use concept context that was made available to property
owners. The most significant aspect of this was the large number of uses that can
be accommodated within that area without additional zoning or PUD actions from
the B-2 listing contained in the Zoning Ordinance. As such, governmental
Regular Council Meeting
April 19, 1993
Page 26
buildings with merchandising services would be an allowable use without a
Conditional Use Permit. He recommended the Council adopt a resolution which
extends the interpretation of the Plymouth Hills PUD Plan in the area between
36th Avenue North and 37th Avenue North to include a public library as a
permitted use, therefore not requiring a Conditional Use Permit.
Mayor Bergman expressed concerns that the county may intend to expand or
change the use of the library building in the future.
Councilmember Vasiliou stated the City donated the land for the library site for the
public purpose of a library, and it is important that this sole use be retained. She
feels it is important that either the zoning ordinance or the purchase agreement
adequately address this issue so the use cannot revert to an alternate use in the
future. She also expressed concern about the term "governmental building with
merchandising services," noting that the county could interpret services as a
drivers' license or vehicle license tab service center at some point in the future.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt a resolution interpreting the Plymouth Hills PUD Plan to include
public libraries as a permitted use between 36th Avenue North and 37th Avenue
North.
Councilmember Edson stated he also feels a responsibility to ensure that the site is
used solely as a library. He also questioned why a library board representative is
not present to respond to questions.
Motion failed: Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to
defer this item to the next meeting, to request that the City Attorney review the
purchase agreement and provide an opinion on whether the sole use of the site as a
library is binding, and to ask that a representative of the library board attend the
next meeting.
Motion carried on a roll call vote, five ayes.
ITEM 9-E-1 CITY COUNCIL REQUESTS
Manager Johnson reviewed the pending City Council requests listing and noted
format changes to the report.
Councilmember Tierney asked the status of the athletic equipment storage issue.
Regular Council Meeting
April 19, 1993
Page 27
Park Director Blank stated he is waiting for the Fire Department to let him know
how much storage space may be available at Fire Station II.
MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to
request that the Park and Recreation Advisory Commission establish a
subcommittee to study the issue of permanent athletic equipment storage and
report back to the Council.
Motion carried, five ayes.
Councilmember Edson requested that a report from staff on proposed alternatives
for future senior citizen services be added to the list. He stated this report could
focus on ways to serve seniors, in addition to those living at the proposed senior
citizen housing.
He also requested that a suggestion of the Financial Advisory Committee be added
that the City conduct a contest to solicit ideas for improving service and efficiency.
Councilmember Tierney asked when the Head Start funding request would be
ready for consideration by the Council, since the City is waiting for the Interfaith
Planning Study.
Director Dillerud stated June 1 is still the target date for completion of the study.
Councilmember Edson asked if the site plan for the water tower at Highway 101
and Highway 55 included landscaping. He stated concerns with setting a different
standard for a City project when private developments are sometimes required to
do extensive landscaping. He also noted that items have been stored outside the
water tower, and asked if the site was graded so it can be mowed and maintained.
Public Works Director Moore stated landscaping was not included in the water
tower project. During the construction of the public works maintenance facility,
the site was used for temporary storage of material. He believed all material has
been removed from the site. He stated the site was graded and will be maintained.
ITEM 9-E-2 PROJECT STATUS REPORTS
Public Works Director Moore presented the Capital Improvement and Project
Status Reports. He reported on the Northwest Blvd. bridge project. A
completion date is specified in the contract and it should be open to traffic yet this
year. He reported on the County Road 24/County Road 9 project south of
Highway 55. MnDOT has notified the City of problems pertaining to the Highway
55 intersection. They are in the process of developing a policy on what they will
permit.
Regular Council Meeting
April 19, 1993
Page 28
ITEM 9-E-3 COUNCIL GOALS AND OBJECTIVES
The Council received a copy of their 1992/1993 Goals and Objectives for review.
ITEM 9-F STUDY SESSION SCHEDULE AND INFORMATION
MEMORANDUM
Manager Johnson recommended that the Council establish a study session at 5:30
p.m. on April 26 to discuss employee benefits.
Councilmember Vasiliou suggested that the 1994 budget goals be discussed on a
regular Council agenda, rather than at a study session.
Mayor Bergman reported that the Maple Grove Mayor has invited the Plymouth
Council to attend a joint meeting. Staff will notify the Maple Grove Mayor that
Plymouth is interested in such a meeting.
Mayor Bergman stated he has been contacted about concerns relating to a sunken
sewer pipe.
Manager Johnson stated the issue will be scheduled for the May 3 agenda.
Councilmember Tierney stated that Anita Vogel was not notified of her term
expiration on the West Hennepin Human Services Planning Board.
Mayor Bergman stated he will send a letter of apology in behalf of the City for this
lack of communication.
Mayor Bergman suggested that the Council may want to consider establishment of
a City staff and resident Quality Task Force relating to customer service.
The meeting was adjourned at 12:15 a.m.
C"*ti["Gei u Z t
Cit Clerk