Loading...
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