HomeMy WebLinkAboutCity Council Minutes 06-07-1993MINUTES
REGULAR COUNCIL MEETING
JUNE 79 1993
The regular meeting of the Plymouth City Council was called to order by Deputy Mayor
Edson at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
June 7, 1993.
PRESENT: Deputy Mayor Edson, Councilmembers Helliwell, Tierney, and Vasiliou
ABSENT: Mayor Bergman
STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Public Safety
Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City
Attorney Meller, and City Clerk Rauenhorst
Deputy Mayor Edson announced that Mayor Bergman is ill and has been hospitalized. He
also announced that former Mayor David Davenport was seriously injured in a car
accident.
ITEM 4-A OATH OF OFFICE - TWO POLICE OFFICERS
Public Safety Director Gerdes introduced two new police officers: David Groth
and Peter Johnson. City Clerk Rauenhorst administered their oaths of office.
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to approve the agenda.
Motion carried on a roll call vote, four ayes.
ITEM 6 CONSENT AGENDA
Item 6-H was removed from the Consent Agenda.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to approve the Consent Agenda as amended.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
June 7, 1993
Page 2
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to approve the City Council minutes of the May 3 Regular Meeting, May
24 Study Session, and the May 24 Board of Review.
Motion carried on a roll call vote, four ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-295 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MAY 28, 1993.
Motion carried on a roll call vote, four ayes.
ITEM 6-C WEST MEDICINE LAKE PARK MASTER PLAN REVISION -
APPROVE CONTRACT WITH BARTON-ASHMAN
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-296 AUTHORIZING APPROVAL OF
CONTRACT WITH CONSULTANT FOR WEST MEDICINE LAKE CITY
PARK.
Motion carried on a roll call vote, four ayes.
ITEM 6-1) LUNDGREN BROS. CONSTRUCTION. LAND USE GUIDE PLAN
AMENDMENT (93037)
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-297 APPROVING LAND USE GUIDE
PLAN AMENDMENT FOR LUNGREN BROTHERS CONSTRUCTION,
LOCATED AT THE SOUTHEAST CORNER OF SCHMIDT LAKE ROAD
AND FERNBROOK LANE (93037).
Motion carried on a roll call vote, four ayes.
ITEM 6-E WGK PROPERTIES. CUP FOR OUTSIDE STORAGE (93038)
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-298 APPROVING CONDITIONAL USE
PERMIT AND CONDITIONAL USE PERMIT AMENDMENT FOR WGK
PROPERTIES LOCATED AT 9900 ROCKFORD ROAD (93038).
Regular Council Meeting
June 7, 1993
Page 3
Motion carried on a roll call vote, four ayes.
ITEM 6-F RADDATZ REAL ESTATE COMPANY. CUP AMENDMENT
93039
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-299 APPROVING CONDITIONAL USE
PERMIT FOR RADDATZ REAL ESTATE COMPANY FOR CLASSIC
ASPHALT LOCATED AT 5575 HIGHWAY 169 (93039).
Motion carried on a roll call vote, four ayes.
ITEM 6-G HENNEPIN COUNTY HRA ASSISTANCE TO HAMMER
RESIDENCE INC.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-300 CONCURRENCE WITH THE
INVITATION REQUESTING THE HENNEPIN COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY PROVIDE ASSISTANCE TO THE
HENNEPIN COUNTY COMMUNITY PROVIDERS PROGRAM.
Motion carried on a roll call vote, four ayes.
ITEM 6-H PARTICIPATION IN THE HOME PROGRAM
Housing Specialist Milt Dale stated the City of Plymouth had been a member of a
consortium with Hennepin County and Bloomington last year with respect to the
HOME Investment Partnerships Program; however, the program failed to yield
any benefit for Plymouth residents. Hennepin County has requested that Plymouth
consider rejoining the consortium for a three year period. The HRA recommended
joining the consortium on a 2-1 vote. He stated that if the City rejoined the
consortium, the City could actively seek funding from the HOME Program or take
a passive role with no significant staff involvement. He recommended that the City
join the consortium but take a passive role. Should a group become actively
interested in seeking HOME funds, the City could increase staff involvement to
assist them or hire a consultant to provide some of the related administrative
services.
Councilmember Tierney asked how much the consortium would receive each year
and whether the City would be obligated to participate in the program.
Regular Council Meeting
June 7, 1993
Page 4
Specialist Dale stated the consortium would receive about $55,000 per year under
the present formula resulting from Plymouth's participation. He stated the City's
level of participation in seeking HOME funds would be discretionary.
Councilmember Edson stated that if the City does not join the consortium, it may
be difficult to join later. He stated the City should join the consortium in a passive
role. In the event that a nonprofit organization would want to apply for funding in
the future, the City would have a program in place.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Edson, to adopt RESOLUTION 93-301 AUTHORIZING EXECUTION OF
JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO
PARTICIPATE IN HENNEPIN HOUSING CONSORTIUM.
Motion carried on a roll call vote, four ayes.
ITEM 6-I RELEASE OF SITE IMPROVEMENT PERFORMANCE
GUARANTEES
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-302 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR LARSON AUTOMOTIVE
FOR THE PLYMOUTH CAR WASH LOCATED AT 11320 HIGHWAY 55
90099).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-303 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR NUAIRE INC. LOCATED AT
2100 FERNBROOK LANE NORTH (92030).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-304 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS
PARKERS LAKE NORTH 6TH ADDITION LOCATED AT THE
NORTHWEST CORNER OF SHENANDOAH LANE AND 18TH AVENUE
NORTH (90066).
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
June 7, 1993
Page 5
ITEM 64 SET HEARING ON WINE AND ON -SALE 3.2 LIQUOR
APPLICATION OF VICORP RESTAURANTS INC.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-305 SETTING PUBLIC HEARING ON
WINE AND ON -SALE 3.2 LIQUOR LICENSE APPLICATIONS OF
VICORP RESTAURANTS, INC., 4100 VINEWOOD LANE.
Motion carried on a roll call vote, four ayes.
ITEM 6-K PAYMENT NO. 3 AND FINAL, NORTHWEST 17 SANITARY
SEWER, PROJECT 040
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-306 REQUEST FOR PAYMENT NO. 3
AND FINAL, NORTHWEST 17 SANITARY SEWER, CITY PROJECT
NO. 040.
Motion carried on a roll call vote, four ayes.
ITEM 6-L SET HEARING ON VACATION OF EASEMENT IN WEST RIDGE
ESTATES 2ND ADDITION
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-307 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF A PORTION OF A DRAINAGE
AND UTILITY EASEMENT, LOT 4, BLOCK 2, WEST RIDGE ESTATES
SECOND ADDITION.
Motion carried on a roll call vote, four ayes.
ITEM 6-M WETLAND MITIGATION PLAN FOR HOLLY CREEK 2ND
ADDITION
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-308 APPROVING WETLAND
MITIGATION PLAN, HOLLY CREEK 2ND ADDITION.
Motion carried on a roll call vote, four ayes.
Regular Council Meeting
June 7, 1993
Page 6
ITEM 6-N RECEIVE PRELIMINARY ENGINEERING REPORTS AND SET
IMPROVEMENT HEARING
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-309 RECEIVING PRELIMINARY
REPORT AND CALLING FOR HEARING ON IMPROVEMENT,
FERNBROOK LANE TRUNK WATERMAIN, CITY PROJECT NO. 311.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-310 RECEIVING UPDATED
PRELIMINARY ENGINEERING REPORT AND CALLING FOR
HEARING ON IMPROVEMENTS, 26TH AVENUE STREET
IMPROVEMENTS, CITY PROJECT NO. 601.
Motion carried on a roll call vote, four ayes.
ITEM 6-0 AMENDING 1993 COMPENSATION PLAN TO AUTHORIZE
EMPLOYEE RECOGNITION PROGRAMS
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-311 APPROVING AN ADDENDUM TO
THE 1993 CLASSIFICATION, COMPENSATION, AND PAY EQUITY
IMPLEMENTATION PLAN, authorizing employee recognition programs.
Motion carried on a roll call vote, four ayes.
ITEM 6-P SHADE TREE DISEASE ORDINANCE REVISION
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt ORDINANCE 93-9 RELATING TO SHADE TREE
DISEASE CONTROL.
Motion carried on a roll call vote, four ayes.
ITEM 7-A APPROVE CHANGE IN CORPORATE OWNERSHIP FOR LIQUOR
LICENSES OF JIMWIN INC. D/B/A IVORIES
Clerk Rauenhorst stated that the corporate ownership and beneficial interest in
shares of stock have changed for Jimwin Inc., d/b/a Ivories Restaurant. This
change requires a new liquor license application. Staff recommends approval of
the request.
Regular Council Meeting
June 7, 1993
Page 7
Deputy Mayor Edson opened a public hearing at 7:14 p.m. on the application of
Jimwin Inc., d/b/a Ivories Restaurant, 605 North Highway 169, Suite 150, for on -
sale and Sunday intoxicating liquor licenses. No one appeared and the hearing was
closed.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-312 APPROVING ON -SALE
INTOXICATING AND SUNDAY LIQUOR LICENSES FOR JIMWIN
INC., D/B/A IVORIES, 605 NORTH HIGHWAY 169, SUITE 150.
Motion carried on a roll call vote, four ayes.
ITEM 7-B VACATION OF EASEMENTS IN BASS LAKE ESTATES
ADDITION
Public Works Director Moore stated a petition has been submitted requesting
vacation of a portion of the drainage and utility easement within Lot 6, Block 4,
Bass Lake Estates Addition so that an above ground swimming pool could be
constructed. He recommended approval of the request.
Deputy Mayor Edson opened a public hearing at 7:15 p.m. on the proposed
vacation of drainage and utility easements within Lot 6, Block 4, Bass Lake
Estates Addition. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Deputy Mayor
Edson, to adopt RESOLUTION 93-313 AUTHORIZING THE VACATION
OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN LOT
6, BLOCK 4, BASS LAKE ESTATES ADDITION.
Motion carried on a roll call vote, four ayes.
ITEM 7-C VACATION OF EASEMENTS IN PARKERS LAKE NORTH 2ND
ADDITION
Public Works Director Moore stated a petition has been received to vacate a
portion of Shenandoah Lane street right-of-way and adjacent drainage and utility
easements abutting Outlots N and R, Parkers Lake North 2nd Addition. The Final
Plat for Parkers Lake North 9th Addition requires that Shenandoah Lane be moved
southerly to line up with 25th Avenue on the west side of Vicksburg Lane in Fox
Run Addition. The new alignment for Shenandoah Lane, the outlot for the City
trail, and drainage and utility easements will be dedicated on the Final Plat of
Parkers Lake North 9th Addition. He recommended approval of the request.
Regular Council Meeting
June 7, 1993
Page S
Deputy Mayor Edson opened a public hearing at 7:16 p.m. on the vacation of a
portion of Shenandoah Lane street right-of-way and drainage and utility easements
abutting Outlots N and R, Parkers Lake North 2nd Addition. No one appeared,
and the hearing was closed.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-314 AUTHORIZING THE VACATION
OF A PORTION OF SHENANDOAH LANE RIGHT-OF-WAY AND
DRAINAGE AND UTILITY EASEMENTS ADJACENT TO OUTLOTS N
AND R, PARKERS LAKE NORTH 2ND ADDITION.
Motion carried on a roll call vote, four ayes.
ITEM S-A "NO PARKING" ON NORTHEAST SIDE OF 14TH AVENUE
Public Works Director Moore stated that residents in the area of 14th Avenue
between Juneau Lane and Harbor Lane have requested "No Parking" signs be
installed to eliminate parking for the months of May, June, July and August
adjacent to their homes by visitors to Lions Park. The request also includes a
parking ban on the northwesterly side of 14th Avenue adjacent to Lions Park from
Juneau Lane southerly to the existing paved parking area. This existing paved
parking area is about 150 feet long and accommodates park users. Staff concurs
with the request to limit parking on the northeast side of 14th Avenue, but is
opposed to banning parking adjacent to Lions Park.
Deputy Mayor Edson stated that John Sawina made a presentation to the Park and
Recreation Advisory Commission requesting the parking ban, as well as other
items pertaining to scheduling of games at Lions Park and use of the playfield. He
stated that the Council could consider the parking restriction, but the other issues
should be addressed by PRAC and the staff for recommendation to the Council.
He stated the Council needs to consider whether restricting parking will only move
it to another residential street. This should be monitored by staff if the "No
Parking" request on 14th Avenue is approved.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to adopt RESOLUTION 93-315 APPROVING THE PLACEMENT
OF "NO PARKING DURING THE MONTHS OF MAY, JUNE, JULY,
AND AUGUST" SIGNS ON THE NORTHEASTERLY SIDE OF 14TH
AVENUE, between Juneau Lane and Harbor Lane.
John Sawina, 14520 14th Avenue North, described the problems associated with
the existing parking on both sides of 14th Avenue. He stated Lions Park is a
neighborhood park, and the streets and parking are inadequate to handle the
activities scheduled. The park is not attainable for evening or weekend use by
Regular Council Meeting
June 7, 1993
Page 9
neighborhood residents. He noted problems with park users turning around in
private driveways, in the street, and in residents' yards. He suggested that double-
header games be eliminated in future years, that the City expand secondary parking
in the location of the former ice rink, and that parking be prohibited on the
southwest side of 14th Avenue after the 1993 season due to visibility problems
associated with the hill. Mr. Sawina showed a videotape depicting the traffic and
parking problems which he described as a safety hazard to the residents of the area
and to park users, and stated he contacted the City last year about these problems.
He also stated it is dangerous for children using areas of the park adjacent to the
ballfields.
Councilmember Helliwell asked if games could be rescheduled or the parking lot
constructed yet in 1993. She stated concerns that speeding could become a
problem if parking is removed from one side of 14th Avenue, and asked where the
vehicles would park if parking were prohibited on both sides of 14th Avenue.
Park Director Blank stated there are no available fields to move the games already
scheduled in 1993; however, scheduling could be changed for 1994. He suggested
it would be a better alternative to schedule less games in the park than to construct
additional parking areas due to the size of the park. He stated that if parking were
banned on both sides of 14th Avenue, vehicles would park further into the
residential neighborhood.
Mr. Sawina stated the one -side ban is satisfactory for this year because this
neighborhood does not want to impact other neighborhoods. They would like the
cause of the problem resolved. He suggested that the former ice rink could be
used for temporary additional parking.
Councilmember Vasiliou asked if the staff has held a meeting with the athletic
associations about this problem.
Director Blank stated meetings were held in areas where park users park on
residential streets and walk through private property to get to the park. In this
situation, there is currently no alternative parking to tell park visitors to use.
Councilmember Vasiliou requested a report on correspondence with the athletic
associations this year. She stated the Council needs to hold a discussion on the
role of a neighborhood park, and athletic associations will have to cooperate to
resolve problems in the neighborhoods or the City will have to schedule less
games.
Councilmember Tierney asked how many neighborhood parks are used in this
fashion. She also supported the installation of fencing to reduce the danger to
residents using areas of the park adjacent to the ballfields.
Regular Council Meeting
June 7, 1993
Page 10
Director Blank stated there are three, but Lions Park is the heaviest use of a
neighborhood park.
Mary Ellen Kochevar, 14603 County Road 6, stated concerns that children may
not be able to play organized sports if the number of games are reduced in
neighborhood parks. She stated most residents enjoy the games.
Director Blank stated the scheduling at Lions Park is proposed to be one game,
rather than two, per night for next year. This single change will not impact the
level of youth participation.
Judy Carlson, 14512 15th Avenue North, stated she lives in the neighborhood and
enjoys the games. She stated the large amount of activity in the parks have made
the parks safer and she would like children to have the opportunity to play
organized sports.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to direct staff and/or PRAC to: 1) evaluate alternatives for game
scheduling; 2) monitor the level of parking near Lions Park to determine whether
the parking is shifting to other residential streets; 3) use public education efforts,
monitoring, and enforcement with respect to the parking; and 4) install a
temporary fence to protect residents using park areas adjacent to the ballfield.
Motion carried, four ayes.
ITEM 8-B REQUEST TO REMOVE CUL-DE-SAC 9885 31ST AVENUE
Public Works Director Moore stated that Kathleen Pederson, 9885 31st Avenue,
has requested that the temporary cul-de-sac constructed in front of her property be
removed. He stated there is still undeveloped property easterly of this lot and at a
future date, 31st Avenue will be extended to provide access. In accordance with
City policy, when the Mary Middlemist Addition was developed, a temporary cul-
de-sac was required at the end of 31 st Avenue in order to provide a turnaround for
traffic. At a previous Plymouth Forum, Ms. Pederson indicated she would not be
opposed to vehicles using her driveway to turn around, if the cul-de-sac were
removed. He recommended that the City remove the cul-de-sac from the Pederson
property. The City would remove the asphalt and any gravel base. It would be the
property owner's responsibility to establish seed or sod.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Vasiliou, that the City remove the temporary bituminous cul-de-sac from the
Pederson property at 9885 31st Avenue, as well as remove the asphalt and any
Regular Council Meeting
June 7, 1993
Page 11
gravel base which is under the area; that the City fill the area and modify the sides
of the Pederson driveway; and that the property owner would be responsible to
establish seed or sod.
Kathleen Pederson, 9885 31st Avenue, requested that the City sod the cul-de-sac
area as well. She asked how the driveway would be affected.
Director Moore stated the City would saw the driveway on both sides and remove
the asphalt. The City would fill the area; the property owner would have to seed
or sod because they are requesting that the cul-de-sac be removed prior to the
construction of the street extension.
Councilmember Vasiliou stated the staff recommendation with respect to grading
and sodding is consistent with past City policy and there are similar situations in
the City.
Motion carried on a roll call vote, four ayes.
ITEM 8-C REQUEST TO DISCONNECT CUL-DE-SAC AT QUEENSLAND
LANE, WEST OF COUNTY ROAD 101
Public Works Moore stated the City has received a petition requesting that
Queensland Lane be disconnected at County Road 101. A cul-de-sac would need
to be constructed. This would make Queensland Lane approximately 850 feet in
length from 26th Avenue. The City's Subdivision Code states that cul-de-sacs
should not exceed 500 feet in length unless a variance is granted by the Council.
In order to construct the cul-de-sac, right-of-way would have to be acquired from
the two properties adjacent to County Road 101.
He stated that County Road 101 is currently a two land roadway. Because of
additional development and increased traffic in the area, the County has scheduled
improvements to this roadway in their 1997 Capital Improvements Program. A
No Left Turn" sign could be installed as an interim solution, with the decision on
whether to cul-de-sac the street made at the same time County Road 101 is
improved.
Director Moore requested that the Council determine whether a Preliminary
Engineering Report should be prepared to provide a cost estimate to construct the
cul-de-sac, and/or whether the County should be requested to prohibit northbound
traffic on County Road 101 from turning left onto Queensland Lane.
Councilmember Tierney stated there is heavy traffic in this area and she has seen
several accidents.
Regular Council Meeting
June 7, 1993
Page 12
Councilmember Edson supported first trying the proposal to prohibit northbound
traffic on County Road 101 from left turns. He stated that vehicles turning left
stack almost to Queensland Lane.
MOTION was made by Councilmember Edson, seconded by Councilmember
Vasiliou, to request the County Department of Public Works to prohibit
northbound traffic on County Road 101 from turning left onto Queensland Lane.
Councilmember Tierney asked whether the traffic could stack back to 25th
Avenue.
Director Moore stated this would have to monitored during peak hours.
Motion carried on a roll call vote, four ayes.
ITEM 8-D SUGAR HILLS DEVELOPMENT AGREEMENT - REQUEST FOR
CHANGE
Public Works Director Moore stated a letter has been received requesting that a
condition of the development agreement for Sugar Hills Development be deleted.
The condition states that no development other than ten single family lots adjacent
to Vicksburg Lane can be developed until the City has awarded a contract for the
construction of New County Road 9. On December 7, 1992, the Council
approved the final plat which platted the ten lots into building sites and the
remainder of the property into outlots.
He stated the condition was included so that residents purchasing property in this
plat are fully aware of the proposed roadways in the area. Also, the financing and
assessment method for the New County Road 9 project has not been determined.
There is no provision in the development contract for financing of County Road 9,
and the developer has suggested that an area assessment method rather than a
front foot method be used. He stated the public improvement hearing on the New
County Road 9 project is scheduled for June 21 and recommended that the
Council not consider whether to remove the condition from the development
contract until after the public hearing.
Councilmember Vasiliou stated that signs indicating the location of proposed
streets and trails are installed in new developments. She asked if the proposed
assessments would be classified as "pending" for potential buyers. She has spoken
with the City Attorney regarding this issue, and he recommended that the
assessment provision be included as part of the purchase agreement if the Council
approves the request to amend the development agreement. This language would
be worked out between the developer's attorney and the City Attorney.
Regular Council Meeting
June 7, 1993
Page 13
Director Moore stated the development agreement for a plat provides for the
responsibility of assessments. At the point the final plat and development contract
are approved, the proposed assessments would become "pending" for purposes of
title searches and other assessment inquiries.
Councilmember Edson suggested that language proposed to be included in the
purchase agreements by Mr. Sathre: "I understand I will not be paying these
special assessments" be amended to "I understand the developer has paid these
special assessments." He expressed concerns about amending the development
contract until the project is ordered so that the assessments become pending. He
stated that property owners should be made aware of street locations and the
grading should be fixed prior to lots being sold. As an alternative, only lots directly
abutting New County Road 9 could be restricted for sale until the grade is
established.
Rick Sathre, Sathre-Bergquist Inc., represented Sugar Hills Development. He
stated that based on this condition in the development agreement, they cannot
submit a final plat application to the staff for review until the contract for
construction of New County Road 9 is awarded. He stated the developer is willing
to work with the City Attorney to create language acceptable to the City with
respect to public disclosure documents. Mr. Sathre stated the developer needs to
move forward with development at this time for marketing and economic reasons,
and does not want to lose this construction season. A number of lots in the first
addition have been sold and there is significant interest in the second addition.
Councilmember Helliwell stated she appreciates the desire of the developer to
move forward; however, she does not want to act on the request to amend the
development agreement until the assessment method is established following the
public hearing. She does not believe it is fair to require the developer to wait until
the street is constructed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Tierney, to defer the request of Sugar Hills Development for a change in the
development agreement to June 21, following the public improvement hearing on
this project.
Councilmember Vasiliou stated that she would like information on the language
proposed for the purchase agreements to developers and builders, in the event that
the Council approves the developer's request, as well as the public disclosure
statement approved by the City Attorney.
Councilmember Edson stated staff could also prepare the option of restricting the
sale of the four lots abutting New County Road 9 until the grade is established.
Regular Council Meeting
June 7, 1993
Page 14
Motion carried on a roll call vote, four ayes.
ITEM 8-E LETTERS TO EDITOR IN SUN SAILOR
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to defer Item 7-E until the full Council is present.
Motion carried, three ayes; Vasiliou nay.
ITEM 9-A 1992 AUDITED FINANCIAL REPORT
Finance Director Hahn presented the 1992 Audited Financial Report. He stated all
funds showed a positive performance with the exception of the sewer fund. About
75 percent of the sewer budget is the fee paid to the Metropolitan Waste Control
Commission, and the City fees for sewer service have not kept pace with the costs
charged to the City. He introduced Steve Laible and Kelli Bourhis from KMPG
Peat Marwick.
Steve Laible reviewed the various sections of the Financial Report. He stated that
it is their opinion that the report fairly presents the financial position of the City.
The general fund balance is approximately $5.3 million, which is slightly more than
40 percent of the annual operating budget for the year. He concurred with the
Finance Director's comments regarding the sewer fund. He presented a letter
suggesting improvements in internal controls and operating procedures relating to
employee fringe benefits, financial accounting records, CDBG expense
reimbursement, and better utilization of microcomputers.
Councilmember Vasiliou asked why the report is dated March 19, 1993. She
stated that she believed the fringe benefit issue was determined by the City
Manager - not the auditors.
Mr. Laible stated March 19, 1993, is the date the field work involved with the
audit was completed. Further discussions were held and reports compiled after
that date. He stated the fringe benefit issue was mentioned in the audit because it
has been the subject of some publicity. The audit does not make a determination
of whether or not there is a legal issue involved.
Councilmember Vasiliou stated the City has been in the process of upgrading its
computer system over the last few years. She asked if the inadequate utilization of
computers is due to a lack of equipment or training.
Regular Council Meeting
June 7, 1993
Page 15
Mr. Laible stated that considerable automation has already been done. The audit
points out that there are additional applications and schedules that could be
prepared through computer rather than manually.
Finance Director Hahn stated the Finance Department will be converting to DOS-
based microcomputers within the next few months.
Councilmember Edson noted that the risk management fund has a balance of
5,611,000. He asked if the auditors consider this amount adequate or excessive.
Mr. Laible stated the auditors did not do an independent verification of whether
the balance is adequate.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-316 ACCEPTING THE 1992
FINANCIAL REPORT AND AUDIT.
Motion carried on a roll call vote, four ayes.
ITEM 9-B CITY COUNCIL REQUEST UPDATE
Councilmember Vasiliou asked what the involvement of the League of Women
Voters is with the establishment of the Plymouth Human Rights Commission.
Clerk Rauenhorst stated the League of Women Voters contacted her to inquire
whether the City of Plymouth has a Human Rights Commission. She provided the
League with a copy of the staff report to the Council on this issue, as well as the
Council minutes where the Council discussed establishment of a Commission.
Staff has had no further contact with the League on this issue.
Councilmember Vasiliou stated their input is welcome, but it is the role of the City
Council to determine whether to establish a Commission.
Councilmember Tierney stated the Park and Recreation Advisory Commission is
working on the issue of athletic association equipment storage.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to accept the City Council Request Update.
Motion carried, five ayes.
Regular Council Meeting
June 7, 1993
Page 16
ITEM 9-C CITY COUNCIL INFORMATION MEMORANDUM
Councilmember Vasiliou stated she is pleased the Customer Service Committee
will be hosting a City of Plymouth booth at Music in Plymouth. She stated the
Wayzata Plymouth Chemical Health Commission would like to provide handouts
for distribution at the booth.
Councilmember Helliwell asked whether the City has made a payment to the Civic
League for Music in Plymouth.
Manager Johnson stated he will check to determine if a payment has been made.
Councilmember Vasiliou suggested that the Civic League advertise a "rain date"
for the event this year.
Councilmember Tierney stated groups involved with the Brooklyn Park Head Start
facility are anxious to receive a decision from the City of Plymouth on a funding
allocation. She stated Plymouth children participate in that program, and the City
should fund a portion of the project. She is concerned that Plymouth is one of the
last cities to respond to the funding request.
MOTION was made by Councilmember Tierney to provide $16,500 for the
Brooklyn Park Head Start facility.
Motion failed for lack of a second.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Vasiliou, to place the Head Start funding request on the June 21 agenda.
Motion carried, four ayes.
Councilmember Vasiliou reported that the Wayzata Plymouth Chemical Health
Commission recently learned that the Teens Alone Program is moving ahead.
The meeting was adjourned at 9:16 p.m,
i1 u-wL1x O Clua uYr
City Clerk