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