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HomeMy WebLinkAboutCity Council Minutes 09-13-1993MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 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 September 13, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4 INTRODUCTION OF DIRECTOR OF COMMUNITY DEVELOPMENT Manager Johnson introduced Anne Hurlburt, Director of Community Development. ITEM 4-A PROCLAMATION - YEAR OF THE CRAFT Mayor Bergman proclaimed 1993 as "The Year of the American Craft" and invited citizens to attend Autumn Arts: A Fair to be held at Parkers Lake Park, on Sunday, September 26. ITEMS APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA Items 6-11, 6-I and 6-P were removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. Regular Council Meeting September 13, 1993 Page 2 ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the Council minutes of the August 16, 1993 meeting, and the August 24, 1993 study session. Motion carried on a roll call vote, five ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-511 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 2, 1993. Motion carried on a roll call vote, five ayes. ITEM 6-C SET ASSESSMENT HEARINGS ON 1993 REMOVAL OF DISEASED TREES AND WEED ERADICATION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson to adopt RESOLUTION NO. 93-512 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-513 RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-514 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1993 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried on a roll call vote, five ayes. Regular Council Meeting September 13, 1993 Page 3 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-515 RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT, 1993 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried on a roll call vote, five ayes. ITEM 6-D APPROVE GARBAGE HAULER LICENSE FOR AAGARD WEST INC. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-516 APPROVING GARBAGE HAULING LICENSE FOR AAGARD WEST INC. Motion carried on a roll call vote, five ayes. ITEM 6-E AMENDMENT TO AMUSEMENT CENTER ORDINANCE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt ORDINANCE NO. 93-15 RELATING TO AMUSEMENT CENTERS, AMENDING SECTION 1103 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. ITEM 6-F HARSTED HOMES INC. - MPUD FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR "SUGAR HILLS SECOND ADDITION" 93084 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-517 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR HARSTED HOMES, INC., FOR A MIXED PLANNED DEVELOPMENT FOR "SUGAR HILLS SECOND ADDITION" LOCATED AT THE NORTHWEST INTERSECTION OF 37TH AVENUE NORTH AND VICKSBURG LANE (93084) (MPUD 92-1). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-518 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RELATED MPUD FINAL PLAT FOR HARSTED HOMES, INC., FOR "SUGAR HILLS SECOND ADDITION" FOR PROPERTY LOCATED AT THE INTERSECTION OF 37TH AVENUE NORTH AND VICKSBURG LANE (93084) (MPUD 92-1). Regular Council Meeting September 13, 1993 Page 4 Motion carried on a roll call vote, five ayes. ITEM 6-G RELEASE OF SITE IMPROVEMENT PERFORMANCE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-519 RELEASE OF SITE PERFORMANCE GUARANTEE FOR CROW-MINNETONKA- PLYMOUTH LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT 13755 IST AVENUE NORTH (88094). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-520 RELEASE OF SITE PERFORMANCE GUARANTEE FOR CROW-MINNETONKA- PLYMOUTH LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT 13705 1ST AVENUE NORTH (88095). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-521 RELEASE OF SITE PERFORMANCE GUARANTEE FOR CROW-MFI NETONKA- PLYMOUTH LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT 1320010TH AVENUE NORTH (88131). Motion carried on a roll call vote, five ayes. ITEM 6-11 AMENDMENT TO THE COMPREHENSIVE PLAN REGARDING INTERIM STRATEGY TO REDUCE NON -POINT SOURCE POLLUTION TO WATER BODIES (93088) Public Works Director Moore stated the Planning Commission recommends approval of a proposal to amend the Comprehensive Plan in conformance with Metropolitan Council's interim strategy for non -point source pollution control. This interim strategy was adopted by the Metropolitan Council on October 22, 1992, and is required to be adopted by all metropolitan communities. Director Moore stated that under the plan, the City will apply National Urban Runoff Program standards for the design of new storm water ponds and the Minnesota Pollution Control Agency Urban Best Management Practices to the review of any proposed development occurring in the City of Plymouth to reduce Regular Council Meeting September 13, 1993 Page 5 non -point source pollution loading in storm water runoff. The City will also prepare and adopt specific amendments to its storm water plan and land use controls to implement this policy. The City will continue working with the Department of Natural Resources to adopt the revised shoreland regulations consistent with the DNR schedule of priorities. Mayor Bergman asked how these requirements would differ from what the City has been doing on recent developments such as the OPUS Business Park and Target Greatland Development. Director Moore stated the current requirements vary by watershed district. The ponding and drainage plans for the OPUS and Target Greatland developments were identified and implemented through the environmental process. These requirements are in accordance with the proposed plan amendment. Councilmember Helliwell noted that the interim strategy was adopted by the Metropolitan Council in October of 1992. She asked why it has taken so long for the City to adopt the interim strategy. Director Moore stated the City did not receive notification from the Metropolitan Council until December. Upon receipt of the strategy, staff made additional changes. It was not realized that the interim strategy had to be adopted until a Land Use Guide Plan amendment request was recently filed with the Metropolitan Council. Councilmember Helliwell asked how well the ponds are working in the OPUS development. Director Moore stated there has been no analysis of the ponds at OPUS because there has been only minor development. He stated that OPUS is responsible for the pond cleaning for the first three years. Thereafter, cleaning is the responsibility of the overall development. Chuck Lymangood, 11780 40th Place North, addressed the wording of the proposed resolution. He suggested that the first condition noted in the resolution be amended to read "That the City of Plymouth apply national urban runoff program.... ", to show that the City will immediately implement the interim strategy. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to adopt a resolution approving Comprehensive Plan Amendment for interim strategy to reduce non -point source pollution to all metropolitan water bodies, with the language amendments as proposed by Mr. Lymangood. Regular Council Meeting September 13, 1993 Page 6 Discussion was held on whether the changes enhanced the meaning of the resolution. Attorney Meller stated that the changes are acceptable but not necessary. He felt the amended language would not clarify the resolution. Motion failed on a roll call vote: Edson, Helliwell and Bergman ayes; Tierney and Vasiliou nays. (The motion needed a 4/5 vote for adoption.) MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 93-522 APPROVING COMPREHENSIVE PLAN AMENDMENT FOR INTERIM STRATEGY TO REDUCE NON - POINT SOURCE POLLUTION TO ALL METROPOLITAN WATER BODIES (93088), without amendments. Motion carried on a roll call vote, five ayes. ITEM 6-I LUNDGREN BROTHERS CONSTRUCTION - AMENDED PUD AND CUP FOR HEATHER RUN (93081) Associate Planner Keho stated that Planning Commission recommends approval of the request of Lundgren Brothers Construction to amend the Heather Run fencing and signage plan. He stated the amended planned unit development plan and conditional use permit would allow fencing and kiosk in outlets, placement of a structure in City right-of-way, and an increase in total signage from 32 sq. ft to 80 sq. ft. He stated there was some concern at the Planning Commission meeting about the location of the kiosk which would be in the right-of-way. There was also opposition expressed relating to the additional signage and fencing. Planner Keho stated the Planning Commission felt that these requests would enhance the development and create a sense of neighborhood. Joe Domagala, 17705 County Road 24, questioned whether a kiosk should be allowed on public land or in the City right-of-way. He stated the City should review the PUD requirements because there is no standard as to where the kiosk could be located or how large it could be constructed. He stated this approval would set a precedent and the Council should consider the entire issue. Mayor Bergman agreed that these types of requests need to be carefully considered, however, he does not view the kiosk as a typical sign. He stated the kiosk would be an amenity to the development. Councilmember Vasiliou stated the City's first experience with landscaping in medians was in the Parkers Lake development. She stated that these types of amenities make a development interesting and enhance the neighborhood's identity. Regular Council Meeting September 13, 1993 Page 7 She stated the Council and Planning Commission have frequently reviewed the sign ordinance. She realizes this is a different type of request but believes the proposed kiosk will enhance the development. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 93-523 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT FOR LUNDGREN BROTHERS HEATHER RUN ADDITION (93081). Motion carried on a roll call vote, five ayes. ITEM 64 DEVELOPMENT CONTRACT BOND REDUCTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-524 REDUCING DEVELOPMENT BOND - HEATHER RUN ADDITION (92035). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-525 REDUCING DEVELOPMENT BOND - CHURCHILL FARMS FIFTH ADDITION (93005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-526 REDUCING DEVELOPMENT BOND - SUGAR HILLS ADDITION (92056). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-527 REDUCING DEVELOPMENT BOND - CURTIS LAKE SECOND ADDITION (91101). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-528 REDUCING DEVELOPMENT BOND - SEVEN PONDS SECOND ADDITION (91062). Motion carried on a roll call vote, five ayes. Regular Council Meeting September 13, 1993 Page 8 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-529 REDUCING DEVELOPMENT BOND - SEVEN PONDS THIRD ADDITION (92005). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-530 REDUCING DEVELOPMENT BOND-- SEVEN PONDS FOURTH ADDITION (92017). Motion carried on a roll call vote, five ayes. ITEM 6-K AWARD CONTRACT FOR 1993 TRAIL IMPROVEMENTS, PROJECT NO. 317 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-531 AWARDING BID - 1993 TRAIL IMPROVEMENTS, CITY PROJECT NO. 317. Motion carried on a roll call vote, five ayes. ITEM 6-L AMENDING MUNICIPAL STATE AID HIGHWAYS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-532 ALTERING MUNICIPAL STATE AID HIGHWAYS, CHANGING HOLLY LANE TO DUNKIRK LANE NORTH OF HIGHWAY 55. Motion carried on a roll call vote, five ayes. ITEM 6-M ORDER STREET LIGHTING IMPROVEMENTS FOR SEVEN PONDS SIXTH ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-533 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SEVEN PONDS SIXTH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-534 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, SEVEN PONDS SIXTH ADDITION. Regular Council Meeting September 13, 1993 Page 9 Motion carried on a roll call vote, five ayes. ITEM 6-N ORDER PUBLIC HEARINGS TO VACATE DRAINAGE AND UTILITY EASEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-535 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT - LOT 8, BLOCK 1, LAKE PARK HEIGHTS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-536 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS - LOTS 61 AND 62, BLOCK 1 AND LOT 1, BLOCK 2, PARKERS LAKE NORTH THIRD ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-0 RECEIVE WAIVER OF ASSESSMENT HEARING AND LEVY SPECIAL ASSESSMENTS FOR LOT 1, BLOCK 1, BASS LAKE OAKS ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmeinber Edson, to adopt RESOLUTION NO. 93-537 ADOPTING ASSESSMENTS, CITY PROJECT NO. 324, SANITARY SEWER AND WATERMAIN AREA - SANITARY SEWER AND WATERMAIN LATERAL - WATERMAIN SERVICE, LOT 1, BLOCK 1, BASS LAKE OAKS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-538 ADOPTING ASSESSMENTS, CITY PROJECT NO. 325, STREET COUNTY ROAD 10 FRONTAGE ROAD, LOT 1, BLOCK 1, BASS LAKES OAKS ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting September 13, 1993 Page 10 ITEM 6-P PAYMENT OF LEAGUE OF MINNESOTA CITIES ANNUAL DUES Finance Director Hahn stated the City has received renewal notification of the annual membership in the League of Minnesota Cities. The dues are $16,523 compared to $16,435 paid in 1992. He stated that membership in the League of Minnesota Cities is required to participate in the League insurance programs. Finance Director Hahn stated the City is currently soliciting proposals for insurance agents for the property and liability insurance renewal which will be effective on April 1, 1994. The agent may provide additional sources of insurance for the City's programs, but to date no other firms have been able to compete with the premium cost for the League insurance program. Councilmember Vasiliou stated she is aware that membership is required in order to participate in the League insurance programs; however, she will vote against payment of these annual dues. She stated concerns with the amount of money cities are paying for lobbyists, as well as with the dues structure and population categories. She continues to be concerned about the potential conflict of interest that exists because a city is required to join an organization for the right to buy insurance. She stated the largest amount donated to a social service agency by the City is about $8,000. She finds it difficult to justify paying over $16,000 to a lobbyist organization, that in some cases lobbies against positions beneficial to the citizens of Plymouth. Councilmember Tierney stated she will support payment of the League of Minnesota Cities annual dues. She believes the League is something other then only a lobbying organization. She stated the Charter Commission used many of the League services during the initial drafting of the City Charter. The League also provides education for staff and elected officials. Councilmember Vasiliou stated that fees are charged for League conferences and education. Mayor Bergman stated he will support payment of the annual dues because of the requirement to participate in the insurance programs. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-39 APPROVING DUES IN THE LEAGUE OF MINNESOTA CITIES. Motion carried on a roll call vote, four ayes, Vasiliou nay. Regular Council Meeting September 13, 1993 Page 11 ITEM 6-0 AUTHORIZATION TO EXECUTE GRANT FOR A CADET APPRENTICESHIP PROGRAM MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-540 AUTHORIZING EXECUTION OF A GRANT FOR A CADET APPRENTICESHIP PROGRAM (CAP) WITH A JUVENILE JUSTICE ADVISORY COMMITTEE. Motion carried on a roll call vote, five ayes. ITEM 6-R SKYLINE DESIGN INC. - AMENDED PUD AND CUP AT 1184 XENE LANE (93086) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-541 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC., FOR PROPERTY LOCATED AT 1184 XENE LANE NORTH (93086). Motion carried on a roll call vote, five ayes. ITEM 6-S SKYLINE DESIGN INC. -AMENDED PUD AND CUP AT 147518TH AVENUE NORTH (93087) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-542 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN INC. FOR PROPERTY LOCATED AT 14875 18TH AVENUE NORTH (93087) Motion carried on a roll call vote, five ayes. ITEM 6-T GONYEA LAND COMPANY - AMENDED PUD AND CUP FOR SETBACK CHANGE AT 5905 YUCCA LANE (93082) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-543 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR GONYEA LAND COMPANY LOCATED AT 5905 YUCCA LANE NORTH (93082) Motion carried on a roll call vote, five ayes. Regular Council Meeting September 13, 1993 Page 12 ITEM 7-A REQUEST TO OPEN ALLEY FOR PUBLIC USE - ELMHURST ADDITION Public Works Director Moore stated that the City Council received a request from Scott Kulberg, 12015 26th Avenue North, to have the alley behind his property opened for public use to serve as private access to his property. He requested that the alley be opened from the property easterly to West Medicine Lake Drive. Director Moore stated it is his opinion that where the existing alley intersects West Medicine Lake Drive there is a safety hazard. This hazard results from the steep grade of the alley and the limited sight distance on West Medicine Lake Drive, which is a collector street. He stated that in the alternative, the alley could be opened westerly and then southerly to connect with the existing alleyway and Hemlock Lane. The potentially hazardous conditions would not exist on extending the alley in this way. Director Moore requested that the Council determine whether the alley should be opened as requested to intersect with West Medicine Lake Drive, or whether the same alley extending westerly and southerly should be opened for public use. If it is determined that a portion of the alley should be opened for public use, he requested that the Council address what type of surface is required, who is to pay the cost to have the alley opened, and who is responsible for maintenance of the alley. Mayor Bergman opened public hearing at 7:43 p.m. on the request to open an alley in Elmhurst Addition for public use. Caroline Drake, 2442 Hemlock Lane North, opposed the opening of the alley. She stated that alley would be in her rear yard, and her living room faces that direction. Dean Thompson, 2446 Hemlock Lane, opposed the opening of the alley as requested. He stated the alley would be very close to his bedroom window. He presented a letter signed by abutting residents objecting to the alley being opened to West Medicine Lake Drive for public use. He stated residents primarily are concerned with safety and accessing onto West Medicine Lake Drive. Pat Masyga, 11955 26th Avenue North, objected to the alley being opened easterly to West Medicine Lake Drive because it may decrease their property values. Because of the small size of the lot, the opened alley would be within 10' of their house steps. The opened alley could be a hazard to small children that play in the area and the natural screening would be lost if bushes were removed. Potential problems with snow plowing, increased traffic, and hazardous winter conditions at the intersection of the alley and West Medicine Lake Drive were also noted as concerns. Regular Council Meeting September 13, 1993 Page 13 Timothy W. Clark, 2531 West Medicine Lake Drive, opposed opening the alley easterly to West Medicine Lake Drive. He stated that water and chemical runoff from the alley would drain onto his property. His four season porch and bedroom would be very near the opened alley, and the altered grade of the alley could cause some trees to die. Peggy Ryden, 12025 26th Avenue North, opposed opening of the alley easterly to West Medicine Lake Drive and also the westerly proposal. She noted concerns of destruction of mature trees and loss of wildlife, loss of privacy, security, and possible increased taxes. Charnelle Larson, 2450 Hemlock Lane, opposed opening of the alley as requested. She stated concerns for the safety of children, as well as loss of privacy due to the small yards in the area. Scott Kulberg, 12015 26th Avenue North, requested that the Council approve opening of the alley easterly to West Medicine Lake Drive. He stated that the steepest portion of the alley is already in use by two property owners abutting West Medicine Lake Drive. He stated that his property lost access when an adjacent home was built in 1992. There is a fire hydrant and a manhole in the unopened alley, and he believes that by not opening the alley for public use, the City is considering the alley private property. He stated that if this alley were opened for public use, three lots could have access and be developed. Mr. Kulberg stated that when he purchased his home, he contacted the City's engineering department about the alley access and was informed that the alley was platted. Councilmember Helliwell asked if the City would be required to provide access if the owners of the three undeveloped lots wanted to develop their property. Public Works Director Moore stated that in the late 1960's or early 1970's, an application was submitted to build on those three lots and the application was denied. He stated that even if the Council allowed this alley to be opened, the three lots still could not be developed because there is no frontage on a public street. If the Council denies the request to open the alley, the public alley status does not change; i.e. it would not automatically revert to private property. Jerry Ness, 2480 Hemlock Lane, stated his property abuts the three vacant lots. He has lived in this location for 27 years. He has no objection to the alternate alley opening westerly and then southerly to connect with the existing alley on Hemlock Lane if the Kulberg's pay for it. He stated there is somewhat of a drainage problem in this area now. Del B. Ruegemer, 2476 Hemlock Lane North, stated several large trees would have to be removed if the alley were widened. He does not want to pay to have Regular Council Meeting September 13, 1993 Page 14 the alley opened or maintained when it would benefit only one individual. Other property owners have access to a public street and have no need for the alley. Tony Ernster, 253 5 West Medicine Lake Drive, stated the grade of the current alleyway as it intersects West Medicine Lake Drive is a safety hazard. He plows this area and stated that his vehicle has slid off the road a number of times. He stated the alley should not be opened for public use at this location. Maynard Steman, 9920 36th Place North, stated he is the owner of the three vacant lots. Mr. Steman stated he has received permits to grade and fill those lots and has improved them in order to store equipment. He stated Mr. Kulberg asked if he could have access across the vacant parcel when Mr. Kulberg lost his access due to development of the abutting property. Mr. Steman stated he has allowed Mr. Kulberg to access his property across the vacant lot, however, he does not know how long he can continue to allow this. He stated that since the City will not allow development of his three parcels, perhaps the City would be interested in purchasing them. He noted that he pays $1,100 per year in property taxes on these three lots. Mayor Bergman closed the public hearing at 8:14 p.m. Councilmember Tierney asked staff to respond to the issues relating to the maintenance of the alley. Director Moore recommended that if the Council decides to open the alley, maintenance should be the responsibility of the Kulberg's. He stated some kind of document should be recorded with that property so that they would be responsible for ongoing maintenance of the alley. He stated the City does not maintain any alleys in the City. Director Moore described the location of other properties abutting this alley, and stated that there is currently a request before the Board of Zoning Adjustments and Appeals for a lot coverage variance to allow construction of a storage building on one of the lots. He stated the property owner is anxious to have the alley opening issue resolved in order to determine whether to provide access via the public street or the alley. Director Moore stated that very little grading work would need to be done in order to open the alley westerly and then southerly to connect with the alley on Hemlock Lane. He suggested that Mr. Kulberg could work with other property owners desiring access to the alley to try to develop a cost sharing agreement. Councilmember Helliwell stated she is opposed to opening the alley as requested to West Medicine Lake Drive for safety reasons. Councilmember Edson asked if the alternate route connecting with the alleyway on Hemlock Lane is driveable. Regular Council Meeting September 13, 1993 Page 15 Director Moore stated it is driveable; however, the area currently being used is not totally within the platted area of the alley. The alleyway should be moved within the platted area. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to deny the request from Scott and Ruth Kulberg, 12015 26th Avenue North, to have the alley behind their property opened for public use from their property easterly to West Medicine Lake Drive. Councilmember Tierney stated she believes the Kulbergs should be provided access to their property, but she does not approve opening the alley to West Medicine Lake Drive. Councilmember Edson noted that there are other options available for access and Mr. Kulberg may want to work with his neighbors to develop an alternative access. Motion to deny carried on a roll call vote, five ayes. ITEM 8-A 1993 PAVEMENT MANAGEMENT BI -ANNUAL UPDATE AND ORDER PRELIMINARY ENGINEERING REPORT FOR 1994 STREET RECONSTRUCTION PROGRAM, PROJECT NO. 401 Public Works Director Moore stated the Council approved the Pavement Management Program in 1987. That year, the first city-wide analysis of all streets was completed. The results were included in a Pavement Management Study which recommended that a street replacement policy be adopted to facilitate a uniform approach to correct infrastructure problems. He stated the firm of Short, Elliott, Hendrickson, Inc., prepared the previous bi-annual updates to the Pavement Management Study. He stated the bi-annual update has now been completed and is being presented for approval. The 1993 update recommends that certain areas be reconstructed in 1994 and 1995. He introduced Sue Mason from Short, Elliott, and Hendrickson, Inc. Ms. Mason described the findings of the updated report. She described the history of the pavement condition, as well as the proposed program for 1994 and 1995. She stated the cost for the 1994 program is estimated to be $1,449,800. Councilmember Helliwell questioned the amount proposed for reconstruction projects over the next two years. She noted that about $1.4 million is proposed for 1994, and $1.2 million is proposed for 1995. Regular Council Meeting September 13, 1993 Page 16 Ms. Mason stated the City needs to spend some money to maintain its streets or it will face much larger costs for complete street reconstruction later. Councilmember Tierney asked about the proposed improvements for 25th Avenue from County Road 101 to Dunkirk Lane. She stated some portions of that street are in very bad repair. Ms. Mason stated that the portion of 25th Avenue from Garland Lane to Dunkirk Lane already has curb and gutter and an overlay improvement may be sufficient. The portion from County Road 101 to Garland Lane will likely require complete reconstruction. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-544 RECEIVE BI -ANNUAL UPDATE OF PAVEMENT MANAGEMENT REPORT, ORDER PRELIMINARY ENGINEERING REPORT FOR 1994 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 401. Motion carried on a roll call vote, five ayes. Mayor Bergman called a five minute recess at 8:55 p.m. ITEM 8-B ADOPT PRELIMINARY 1994 TAX LEVY AND SET HEARING DATES City Manager Johnson presented the 1994 proposed budget. He stated the recommended budget is in the amount of $13,012,500, which would result in a 1 percent decrease from 1993 in tax dollars levied. He explained new proposals included in the recommended budget in the areas public safety, parks and recreation, management effectiveness, infrastructure replacement, and financial stability. Plymouth experienced an 8.9 percent increase in residential valuation from 1993 to 1994. During that same time, there was an 8.2 percent decline in commercial/industrial valuation. This results in a net increase in valuation of 3.6 percent. Manager Johnson stated the proposed decreased levy for 1994 will ensure there is no tax increase in the City portion of taxes on an average value home in Plymouth 145,000). He recommended that the Council adopt the preliminary 1994 budget and tax levy and establish the public hearing dates for truth in taxation. The Council can later decrease the amount of the budget and levy; however, it cannot be increased from the approved preliminary amount. Councilmember Helliwell stated she would like to review the budget by line item and noted that no further budget study sessions are scheduled until November. Regular Council Meeting September 13, 1993 Page 17 Councilmember Edson suggested that each Councilmember review the budget over the next 30 days and submit questions to the City Manager so that answers can be obtained for a study session. Councilmembers agreed they would submit their questions by October 15 and responses would be prepared for the November 8 study session. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-545 PROPOSED PROPERTY TAX LEVIES FOR TAXES PAYABLE IN 1994. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-546 ADOPTING PROPOSED 1994 BUDGETS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-547 SET TRUTH IN TAXATION PUBLIC HEARING DATE FOR 1994 TAX LEVY. Motion carried on a roll call vote, five ayes. ITEM S -C CITY COUNCIL CHAMBERS REMODELING Property Management Coordinator Tabery stated that on July 12 the Council authorized staff to solicit proposals from design firms to prepare plans for the potential renovation of the City Council conference area and chambers. Four firms responded by the deadline for submission of proposals. He stated the fee range for all services is from a low of $30,000 to a high of $50,000. Based on cost only, the firm of K.K.E. is the lowest by $1,000. Based on experience level, the Alliance firm appears to have the most experience in design of council chambers. However, their price is significantly higher than the other three firms. Coordinator Tabery recommended that the Council consider the firm of Trossen- Wright to proceed with schematic design at a cost of $3,600 because they have developed the drawings and specifications for the proposed city center expansion and can provide consistency to this project. Their schematic design fee would be only $100 more than K.K.E. and their total fee would be only $1,000 more. As an alternative, he recommended The Alliance firm because of their experience in design of governing body chambers. Regular Council Meeting September 13, 1993 Page 18 Councilmember Vasiliou stated there are other options that could be considered that would require significantly less redesign of the council chambers, such as moving the City Attorney and City Clerk to a staff table to provide seating for seven councilmembers in January. Mayor Bergman stated that some of the remodeling costs would be borne by the cable reserve fund. Councilmember Tierney asked staff to explain the status of this fund. Finance Director Hahn stated the city received a one-time franchise amount of about $400,000, which has now increased to $470,000. That fund would be used to pay for the video/audio portion of the improvements. Councilmember Vasiliou asked staff to explain the scope of the proposed project. Coordinator Tabery stated the project would consist of remodeling the council chambers, the council conference room, and the projection room. Councilmember Helliwell asked the purpose of proceeding with the project at this time. Coordinator Tabery stated the need for this project is a combination of moving to a seven member council in January, 1994, and the need for improved video and audio in the council chambers. Councilmember Helliwell stated that even if the Council decides to proceed with the project, the improvements will not be completed by January, 1994. She supported deferring this issue to let the new Council decide on the appropriate improvements. Manager Johnson stated the schematic design phase would formulate options for the Council to consider. The construction decision could be made later. Councilmember Vasiliou stated she would not support moving ahead with the project at this time given the fact that the administrative staff is so cramped for space. She does not feel it would be fair to spend money to improve the Council area when additional staff space is needed. She asked if the video/audio could be upgraded without the other physical improvements. Coordinator Tabery stated the Council could opt to have all or portions of the project done. He would not recommend doing the electronic component without considering the physical remodeling. Regular Council Meeting September 13, 1993 Page 19 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to defer consideration of proposals for renovation of council conference room and council chambers until January, 1994. Chuck Lymangood, 11780 40th Place North, stated that he supported deferral of the issue until January. Motion carried on a roll call vote, five ayes. ITEM 8-D CITY COUNCIL INFORMATION MEMORANDUM Manager Johnson stated that bids will be received for the senior citizen housing project on September 14. The HRA expects to review the bids on September 16. Mayor Bergman asked that a report on the Plymouth Housing Alliance be presented at a future council meeting. The meeting was adjourned at 9:40 p.m. City Clerk