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HomeMy WebLinkAboutCity Council Minutes 10-18-1993MINUTES REGULAR COUNCIL MEETING OCTOBER 18, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:02 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 18, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell and Tierney ABSENT: Councilmember Vasiliou STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Public Safety Director Gerdes, Community Development Director Hurlburt, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A CERTIFICATE OF APPRECIATION - PLYMOUTH CHARTER Mayor Bergman announced that a Certificate of Appreciation will be presented to Gerard A. Ford, who has resigned from the Plymouth Charter Commission, ITEM 4-B PLYMOUTH CIVIC LEAGUE - MUSIC IN PLYMOUTH ANNUAL POSTER Councilmember Helliwell presented to the City a poster from the Plymouth Civic League for the 21st Annual Music in Plymouth. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the agenda. Motion carried, four ayes. ITEM 6 CONSENT AGENDA Item 6-H was removed from the Consent Agenda. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve the Consent Agenda as amended. Regular Council Meeting October 18, 1993 Page 2 Motion carried on a roll call vote, four ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to approve. the City Council minutes of the September 13, 1993 regular meeting, and the September 20, 1993 forum. Motion carried on a roll call vote, four ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-639 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 7, 1993. Motion carried on a roll call vote, four ayes. ITEM 6-C GOFF HOMES - RPUD FINAL PLAT FOR ROCKFORD ESTATES 93008 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-640 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT FINAL PLAT AND DEVELOPMENT CONTRACT FOR GOFF HOMES, INC., LOCATED WEST OF XENIUM LANE AT 36TH AVENUE NORTH (93008) (RPUD 93-1). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-641 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT/PLAN FOR "ROCKFORD ESTATES" LOCATED WEST OF XENIUM LANE AT 36TH AVENUE NORTH (93008). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-642 ADOPTING ASSESSMENTS, CITY PROJECT NO. 327, SANITARY SEWER AND WATERMAIN AREA - ROCKFORD ESTATES. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 3 ITEM 6-D ORRIN THOMPSON HOMES - RPUD FINAL PLAT FOR PLYMOUTH CREEK HEIGHTS (92115) (RPUD 92-7) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-643 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ORRIN THOMPSON HOMES FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DUNKIRK LANE AND COUNTY ROAD 9 (92115). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-644 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR ORRIN THOMPSON HOMES FOR "PLYMOUTH CREEK HEIGHTS" FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF COUNTY ROAD 9 AND DUNKIRK LANE (92115). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-645 ADOPTING ASSESSMENTS, CITY PROJECT NO. 328, SANITARY SEWER AND WATERMAIN AREA - PLYMOUTH CREEK HEIGHTS. Motion carried on a roll call vote, four ayes. ITEM 6-E RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-646 RELEASE OF SITE PERFORMANCE GUARANTEE FOR WAGNER SPRAY TECH FOR PROPERTY LOCATED AT 1770 FERNBROOK LANE NORTH (92091). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-647 RELEASE OF SITE PERFORMANCE GUARANTEE FOR ZERO MAX FOR PROPERTY LOCATED AT 13200 6TH AVENUE NORTH (91075). Motion carried on a roll call vote, four ayes Regular Council Meeting October 18, 1993 Page 4 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-648 RELEASE OF SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE 7TH ADDITION LOCATED AT THE SOUTHWEST CORNER OF 22ND AVENUE AND SHENANDOAH LANE 91103). Motion carried on a roll call vote, four ayes. ITEM 6-F REDUCTION OF SITE IMPROVEMENT PERFORMANCE MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-649 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CARLSON COMPANIES, INC. FOR THE OPERATIONS TRAINING CENTER PARKING LOT FOR PROPERTY LOCATED AT 12755 HIGHWAY 55 92072) Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-650 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR SCHERBER PARTNERSHIP FOR HOLLY CREEK 2ND ADDITION FOR PROPERTY LOCATED AT FOUNTAIN LANE AND COUNTY ROAD 9 (91106). Motion carried on a roll call vote, four ayes. ITEM 6-G DAWN PRODUCTIONS - CONDITIONAL USE PERMIT FOR HAUNTED HAYRIDE (93109) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-651 APPROVING CONDITIONAL USE PERMIT FOR DAWN PRODUCTIONS FOR A HAUNTED HAYRIDE LOCATED AT 4005 COUNTY ROAD 101 (93109). Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 5 ITEM 6-H ESTABLISHMENT OF PLYMOUTH HUMAN BIGHTS Mayor Bergman stated that the City Council recently held a study session on the issue of reestablishing the Plymouth Human Rights Commission. Councilmember Tierney explained that the proposed commission would have eleven members, four appointed by ward, three at -large, and four from the school districts serving the City. She stated the primary duties of the Human Rights Commission would be public.education and administering the "no fault' grievance process. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt ORDINANCE NO. 93-16 AN ORDINANCE RELATING TO BOARDS AND COMMISSIONS AND CREATING A HUMAN RIGHTS COMMISSION BY AMENDING SECTION 305 OF THE PLYMOUTH CITY. CODE. Motion carried on a roll call vote, four ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-652 RESOLUTION CREATING THE CITY OF PLYMOUTH HUMAN RIGHTS COMMISSION. Motion carried on a roll call vote, four ayes. ITEM 6-I PROCLAMATION OF "UNFUNDED MANDATES DAY" MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-653 DECLARING OCTOBER 27, 1993 TO BE "UNFUNDED MANDATES DATE" IN THE CITY OF PLYMOUTH. Motion carried on a roll call vote, four ayes. ITEM 64 LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE PTA MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-654 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE PTA. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 6 ITEM 6-K SET HEARING ON APPLICATION FOR ON -SALE LIQUOR LICENSE MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-655 SETTING PUBLIC HEARING ON ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE APPLICATIONS FOR REGENCY PLYMOUTH VENTURES LIMITED PARTNERSHIP, 3131 CAMPUS DRIVE. Motion carried on a roll call vote, four ayes. ITEM 6-L AUTHORIZATION TO RECEIVE BIDS ON GARBAGE PACKER TRUCK MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to authorize the Park Department to receive bids on a garbage packer truck for consideration by the City Council. Motion carried on a roll call vote, four ayes. ITEM 6-M DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councihnember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-656 REDUCING DEVELOPMENT BOND, BRIDLEWOOD FARM 3RD ADDITION 93021). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-657 REDUCING DEVELOPMENT BOND, HOLLY CREEK 2ND ADDITION (93096). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-658 REDUCING DEVELOPMENT BOND, BITOERIN ADDITION (91068). Motion carried on a roll call vote, four ayes Regular Council Meeting October 18, 1993 Page 7 ITEM 6-N ADOPT ASSESSMENTS FOR BASS CREEK BUSINESS PARK 2ND ADDITION MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-659 ADOPTING ASSESSMENTS, CITY PROJECT NO. 326, SANITARY SEWER AND WATERMAIN AREA, BASS CREEK BUSINESS PARK 2ND ADDITION. Motion carried on a roll call vote, four ayes. ITEM 6-0 STREET LIGHT IMPROVEMENTS FOR CHELSEA MEWS ADDITION MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-660 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - CHELSEA MEWS ADDITION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-661 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, CHELSEA MEWS ADDITION. Motion carried on a roll call vote, four ayes. ITEM 6-P NO PARKING FOR FERNBROOK LANE PHASE I IMPROVEMENTS, PROJECT 907 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-662 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON FERNBROOK LANE BETWEEN 47TH AVENUE AND SCHMIDT LAKE ROAD. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 8 ITEM 6-0 APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS FOR VARIOUS IMPROVEMENTS MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-663 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, FERNBROOK LANE, LAKE CAMELOT, WELL NO. 11 WATERMAIN IMPROVEMENTS - CITY PROJECT NOS. 909, 110, AND 311 Motion carried on a roll call vote, four ayes. ITEM 6-R CHERRY HILL BUILDERS - CORRECTED RESOLUTIONS FOR THE TRENTON PONDS ADDITION (93095) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-664 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR CHERRY HILL BUILDERS, INC., FOR TRENTON PONDS LOCATED AT THE NORTH SIDE OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (93095). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-665 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE FINAL PLAT FOR CHERRY HILL BUILDERS, INC., FOR TRENTON PONDS PROPERTY LOCATED NORTH OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (93095). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-665A APPROVING FINAL PLAT FOR CHERRY HILL BUILDERS, INC., FOR TRENTON PONDS LOCATED NORTH OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (93095). Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 9 ITEM 6-S FIRST AMENDMENT TO ASSESSMENT AGREEMENT AND CERTIFICATION OF ASSESSOR FOR TARGET TAX INCREMENT FINANCE PROJECT MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-666 APPROVING A FIRST AMENDMENT TO AN ASSESSMENT AGREEMENT AND CERTIFICATION OF ASSESSOR RELATING TO TAX INCREMENT DISTRICT NO. 7-1. Motion carried on a roll call vote, four ayes. ITEM 6-T TAX INCREMENT FINANCING APPLICATION - AMENDMENT OF AMERIDATA APPLICATION MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-667 PRELIMINARILY APPROVING THE REVISED APPLICATION OF AMERIDATA FOR TAX INCREMENT FINANCING. Motion carried on a roll call vote, four ayes. ITEM 6-U AGREEMENT REGARDING PRELIMINARY PLAT FOR NORTH SUBURBAN DEVELOPMENT (93035) MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-668 APPROVING AGREEMENT - NORTH SUBURBAN DEVELOPMENT, CITY FILE 93035). Motion carried on a roll call vote, four ayes. ITEM 6-V REVISED POLICY FOR SENIOR CITIZENS AND DISABLED PEOPLE FOR SENIOR ASSESSMENT DEFERRAL MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-669 ADOPTING AMENDED POLICY FOR SPECIAL ASSESSMENT DEFERMENT FOR HOMESTEAD PROPERTY OWNED BY SENIOR CITIZENS AND DISABLED PEOPLE. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 10 ITEM 7-A ASSESSMENT HEARINGS Public Works Director Moore stated that the City Council will be conducting assessment hearings on various projects at this meeting. Notice of the hearings was published in the official city newspaper and a notice was mailed to the owners of each parcel listed in the assessment rolls. He explained the procedure for the public hearings, and stated that the Council will decide whether any adjustments in the rolls are necessary following the hearing. He stated that property owners can pay off the entire assessment within 30 days of adoption of the assessment roll with no interest. If the property owner pays their assessment in full prior to November 29, interest will be charged to December 31 of the year of payment. If payment is made after November 29, interest will be changed to December of the following year. Director Moore stated that the proposed interest rate on the assessments was originally 8 percent. He is recommending that the interest rates on special assessment improvement projects be 7 percent, and 8 percent on projects undertaken at the request of the developer. He recommended an interest rate of 8 percent on assessments for city services, such as diseased trees, weeds, utility billings, etc. He stated that deferments of the assessments are available for seniors and disabled people that meet certain income criteria. Director Moore stated that individuals may appeal their assessment following adoption of the assessment roll by the City Council. He stated the appeal must be served upon the Mayor or City Clerk within 30 days from the date of the Council adoption. The appeal must be filed with the Clerk of District Court within ten days after it has been served upon the mayor or clerk. No appeal as to the amount of an assessment may be made unless the owner has filed a signed, written objection to the assessment with the clerk prior to the hearing or has presented a written objection to the Mayor at the assessment hearing. He stated that no written objections to the assessments were received prior to the hearing. ITEM 7-A-1 ASSESSMENT HEARING ON 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES Mayor Bergman opened the assessment hearing on 1993 Removal and Destruction of Diseased Trees at 7:18 p.m. Mary Bakewell, 1846 Delaware, West St. Paul, objected to the proposed assessment for tree removal in the amount of $13,951.50. She stated that this cost is excessive, and the area is largely wetlands that cannot be built on. Ms. Bakewell stated that in response to the notice from the City, she had called a tree trimming contractor who did not return her phone call before the City removed the trees. Regular Council Meeting October 18, 1993 Page 11 Mayor Bergman closed the hearing at 7:20 p.m. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-670 ADOPTING ASSESSMENTS - 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1. Staff was directed to provide a report at the next meeting on the Bakewell assessment. Motion carried on a roll call vote, four ayes. ITEM 7-A-2 ASSESSMENT HEARING ON 1993 WEED ERADICATION AND Mayor Bergman opened an assessment hearing on 1993 Weed Eradication and Destruction at 7:21 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-671 ADOPTING ASSESSMENTS, 1993 WEED ERADICATION AND DESTRUCTION, ROLL I Motion carried on a roll call vote, four ayes. ITEM 7-A-3 ASSESSMENT HEARING ON 1993 FIRE ALARM PERMIT FEES Mayor Bergman opened an assessment hearing on 1993 Fire Alarm Permit Fees at 7:22 p.m. Finance Director Hahn stated that the proposed assessment for Dundee Nursery in the amount of $200 should be deleted from the assessment roll. Mayor Bergman closed the public hearing at 7:23 p.m. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-672 ADOPTING ASSESSMENTS, PAST DUE FIRE ALARM PERMIT FEES, deleting the proposed assessment for Dundee Nursery. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 12 ITEM 7-A-4 ASSESSMENT HEARING - 1993 DELINQUENT UTILITY CHARGES Mayor Bergman opened an assessment hearing at 7:24 p.m. on 1993 Delinquent Water, Sewer, Recycling, and Street Lighting Service Charges, and Unpaid Annual Street Lighting and Recycling Fees for Unimproved Parcels. No one appeared and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-673 ADOPTING ASSESSMENTS - 1993 DELINQUENT MONTHLY WATER, SEWER, RECYCLING, AND STREET LIGHTING SERVICE CHARGES. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-674 ADOPTING ASSESSMENTS - 1993 UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-675 ADOPTING ASSESSMENTS - 1993 UNPAID ANNUAL RECYCLING FEES. Motion carried on a roll call vote, four ayes. ITEM 7-A-5 ASSESSMENT HEARING ON NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD IMPROVEMENTS, PROJECT 011 Public Works Director Moore presented the staff report on the final proposed assessment for Northwest Boulevard/Schmidt Lake Road Street and Utility Improvements, Project 011. He stated that the total final assessment amount is proposed at $1,992,997. He explained that LA -1 property with concrete curb and gutter only is proposed to be assessed at $7.40 per front foot. LA -2 property is proposed to be assessed for 1/2 of 36 foot wide, 7 -ton road at a rate of $70 per front foot, and LA -3 property is proposed to be assessed for half of a 44 foot wide, 9 -ton road at a rate of $92.50 per front foot. He recommended that single family parcels being assessed only for water lateral and water area assessments, as well as LA -3 property being assessed for streets with concrete curb and gutter, be assessed over five years at 7 percent interest. He Regular Council Meeting October 18, 1993 Page 13 further recommended that all other parcels being assessed for streets with concrete curb and gutter and curb and gutter only, be assessed over a period of ten years at 8 percent interest. Mayor Bergman opened the assessment hearing at 7:28 p.m. on Northwest Boulevard/Schmidt Lake Road Improvements, Project 011. Brett Smith, 4940 Pineview Lane, presented a letter objecting to the assessment. He stated that his property is unique in that nearly 140 feet abuts the improved roadway. He stated that the increased traffic and noise which will result from the project does not increase the value of his property. He noted that he has previously been assessed for roadway and curb and gutter improvements. Mayor Bergman closed the public hearing. Public Work Director Moore explained that the project developer installed the improvements for which Mr. Smith previously paid. He stated that most developers pay those assessments; however, this developer chose to pass those assessments on to the property owners. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-676 ADOPTING ASSESSMENTS, CITY PROJECT NO. 011, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD - STREET AND UTILITIES, with an interest rate of 7 percent. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-677 ADOPTING ASSESSMENTS, CITY PROJECT NO. 011, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, STREET AND UTILITIES, with an interest rate of 7 percent. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-678 ADOPTING ASSESSMENTS, CITY PROJECT NO. 011, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, WATER AREA ASSESSMENTS. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 14 ITEM 7-A-6 ASSESSMENT HEARING - NORTHCENTRAL TRUNK SANITARY SEWER - PHASE H. PROJECT NO. 015 Public Works Director Moore presented the proposed final assessments for the Northcentral Trunk Sanitary Sewer -Phase H Project, City Project No. 015. He explained that the total cost proposed to be assessed for the project is $173,470. Of this amount, residential property would be assessed at a rate of $880 per acre for sewer area improvements, and commercial/industrial property would be assessed at a rate of $1,320 per acre. He recommended that the term of the assessments be over a period of five years at 7 percent interest. Mayor Bergman opened the assessment hearing on Northcentral Trunk Sanitary Sewer - Phase II Improvements, Project No. 015, at 7:34 p.m. Bob Donley, 11740 38th Avenue North, questioned whether the abutting property to the north had been assessed for this project. Public Works Director Moore responded that assessments were proposed against that property; however, the amounts were paid as part of the City's purchase of the property for Northwest Boulevard and Schmidt Lake Road Improvements. Mayor Bergman closed the public hearing at 7:35 p.m. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-679 ADOPTING ASSESSMENTS CITY PROJECT NO. 015, NORTHCENTRAL TRUNK SANITARY SEWER - PHASE H. Motion carried on a roll call vote, four ayes. ITEM 7-A-7 ASSESSMENT HEARING ON NORTHWEST -17 TRUNK SANITARY SEWER PROJECT 040. Mayor Bergman opened the assessment hearing on Northwest -17 Trunk Sanitary Sewer Improvements, Project no. 040, at 7:36 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-680 ADOPTING ASSESSMENTS, CITY PROJECT NO. 040, NW -17 TRUNK SANITARY SEWER. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 15 MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt RESOLUTION NO. 93-681 ADOPTING ASSESSMENTS, CITY PROJECT NO. 040, NW -17 TRUNK SANITARY SEWER, SANITARY SEWER CONNECTION, with an interest rate of 7 percent. Motion carried on a roll call vote, four ayes. ITEM 7-A-8 ASSESSMENT HEARING ON 1993 STREET RECONSTRUCTION PROGRAM, PROJECT NO. 301. Mayor Bergman opened an assessment hearing on 1993 Street Reconstruction Program, Project No. 301, at 7:37 p.m. No one appeared, and the hearing was closed. Councilmember Tierney stated that she had spoke with a resident who was interested in the senior citizen deferment option, but was concerned about the interest accumulation over time. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-682 ADOPTING ASSESSMENTS, CITY PROJECT NO. 301, 1993 STREET RECONSTRUCTION PROGRAM, SINGLE FAMILY/RECONSTRUCTION ONLY, with an interest rate of 7 percent. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-683 ADOPTING ASSESSMENTS, CITY PROJECT NO. 301, 1993 STREET RECONSTRUCTION PROGRAM, ALL OTHER PROPERTIES, with an interest rate of 7 percent. Motion carried on a roll call vote, four ayes. Manager Johnson stated that the interest accumulation issue is a policy decision that the City Council may wish to consider in the future. He stated that assessments for improvements are against the property -not the individual. To the extent that an improvement benefits a property, that property should pay for the cost of that benefit. He noted that payment of assessments is a hardship for some property owners, and suggested that staff could research the issue and return to the Council with possible options. Regular Council Meeting October 18, 1993 Page 16 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to direct staff to study options for assessments against property owner by senior citizens and disabled, to include consideration of a lower interest or, alternatives to reduce the accumulation of interest of time. Motion carried on a roll call vote, four ayes. ITEM 7-A-9 ASSESSMENT HEARING ON DEBRIS CLEANUP AT 2870 EVERGREEN LANE Mayor Bergman opened the public hearing on Debris Cleanup at 2870 Evergreen Lane at 7:40 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 684 ADOPTING ASSESSMENTS, 2870 EVERGREEN LANE - DEBRIS CLEANUP Motion carried on a roll call vote, four ayes. ITEM 7-13 REQUEST TO OPEN ALLEY FOR PUBLIC USE IN ELMHURST ADDITION Public Works Director Moore stated that on September 13, 1993, the City Council considered a request from Scott and Ruth Kulberg, 12015 26th Avenue North, to opened the alley from the rear of their property to West Medicine Lake Drive. After hearing input from abutting property owners, the Council determined that this portion of the alley should not be opened for public use. Since that meeting, a petition was submitted by Richard Schaulus, 13045 26th Avenue North, and from the Kulbergs, requesting that the alley be opened westerly and southerly to Hemlock Lane. The petition was signed by.all property owners concurring with the request, except for the owner of the property immediately west of the Kulberg property. He stated that the Council previously acted to grant to Mr. Schaulus to open that portion of the alley to serve his property. He recommended that the Council approve opening the additional portion of the alley to serve the Kulberg property. He noted that the approving resolution contains provisions that the property owner is responsible for the cost to open the alley and all maintenance costs for the use of the alley. The resolution further states that the two large trees adjacent to the Ryden property are no to be removed. Mayor Bergman opened a public hearing on the request to open an alley for public use in Elmhurst addition at 7:45 p.m. No one appeared, and the hearing was closed. Regular Council Meeting October 18, 1993 Page 17 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, adopt RESOLUTION NO. 93-685 DECLARING ALLEY WAY OPEN FOR PUBLIC USE, ELMHURST ADDITION. Motion carried on a roll call vote, four ayes. ITEM 8-A DISCUSS NEED FOR ADDITIONAL SPORTS FACILITIES. - ALLEN SUCKERMAN. PLYMOUTH - NEW HOPE ATHLETIC ASSOCIATION Manager Johnson stated that the request of Allen Suckerman, Plymouth - New Hope Athletic Association, to discuss the need for additional sports facilities will be placed on the November 1 Council Agenda. ITEM 8-B AUTHORIZATION TO CALL VARIOUS OUTSTANDING BOND ISSUES. Finance Director Hahn stated that on October 4, 1993, he had reported to the City Council that there were a number of bond issues he was proposing to pay off with available funds. In addition to those funds, he is now recommending that additional water and sewer bond issues and the 1980 storm sewer bonds be added to that proposal. He recommended that the City Council adopt resolutions calling the various outstanding bond issues and transferring funds from the General Fund to the General Debt Service Fund for paying off the 1980 storm sewer bonds. This will potentially improve the City's bond rating, reduce the City's interest costs, and improve the City's return on investment. Councihnember Helliwell asked what would happen to the cash balances remaining in some of the funds. Director Hahn stated that cash balances in those funds would be transferred to the Community Improvement Fund, along with any special assessments receivable. Councilmember Edson explained that the City balances its budget each year; however, there usually is a surplus. By using surplus operating funds to pay off some of the bonds, the City may be able to ultimately lower levies. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-686 RELATING TO THE PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY OF PLYMOUTH, MINNESOTA. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 18 MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 93-687 TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE GENERAL OBLIGATION DEBT SERVICE FUND. Motion carried on a roll call vote, four ayes. ITEM 8-C DAILY PRINTING. REQUEST TO SCHEDULE PUBLIC HEARING ON $6,000,000 INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING, Community Development Director Hurlburt presented a proposed resolution providing for a public hearing to be held November 15, 1993, on the request of Daily Printing, Inc., for $6,000,000 of Industrial Development Revenue Bond financing. She stated Daily Printing is a commercial printing business currently located at 2220 Fernbrook Lane. They propose to relocate the company to a new building to be built in the Parkers Lake Corporate Center on Niagara Lane between 25th and 23rd Avenues north. A 70,000 square foot building is proposed on the 13 acre site, which would also accommodate up to 80,000 additional square feet of expansion space. The company currently employs 89 people and would add ten jobs in the first phase at the new location. She stated these bonds would not be a general obligation of the City of Plymouth. Councilmember Edson asked if there is credit enhancement proposed to secure these bonds. Director Hurlburt stated Daily Printing has sufficient equity, and staff is satisfied with the financial aspects of this project at this early stage. Councilmember Edson stated that prior to the public hearing on this issue, the financial data provided by Daily Printing, Inc., should be submitted to a financial analyst of the City's choice for evaluation. He noted that the City's name is on the bonds, even though they are not a general obligation of the City. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-688 RELATING TO A PROJECT ON BEHALF OF DAILY PRINTING, INC., UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 19 ITEM 8-D REQUEST FOR 4 -WAY STOP SIGN AT 26TH AVENUE AND SHADYVIEW LANE City Engineer Faulkner presented the staff report and showed a video on the resident's request for a 4 -way stop sign at 26th Avenue North and Shadyview Lane. He stated that earlier this summer he was contacted by the Hayhursts, 18200 26th Avenue North, requesting that the current stop sign which stops north and southbound traffic on Shadyview Lane at 26th Avenue be changed to an all - way stop. Mr. Hayhurst indicates that it is the general consensus that people drive too fast on 26th Avenue because of the hills which make it difficult to slow to a reasonable speed. Engineer Faulkner stated that a dip in 26th Avenue approximately 300 feet west of Shadyview Lane, in combination with the steep grade on 26th Avenue may create a more hazardous situation than an all -way stop sign could correct. He stated that at the September 20, 1993, City Council Forum, a petition was submitted requesting an all -way stop at 26th Avenue and Shadyview Lane. The petition contains 27 signatures, representing 25 properties. He stated there are 32 parcels within 500 feet of the intersection. Of these parcels, 16 of the owners signed the petition which equates to 50 percent. The City's stop sign policy indicates 70 percent of the owners within 500 feet of the intersection in question should sign a stop sign petition before it is considered by the City Council. Engineer Faulkner stated that although the petition does not meet the City's stop sign policy, he is forwarding the request to the City Council due to the neighborhood interest in it. He recommended that the Council deny the request for an all -way stop at 26th Avenue and Shadyview Lane and direct the Police Division to include 26th Avenue from County Road 101 to Urbandale Lane in their Selective Traffic Enforcement Program. He further recommended that the Homeowner's Associations within that area be requested to contact the Public Safety Education Specialist to work in a coordinated effort to reduce residential speeding in that area. Doug Hayhurst, 18200 26th Avenue North, stated the stop sign request is a safety issue due to a large number of children in this neighborhood. He stated the nearby City park with playground generates a lot of traffic, including pedestrians. He stated the dips in the roadway are one reason for the excessive speeding on 26th Avenue. Councilmember Tierney asked if Mr. Hayhurst has noticed any change in traffic patterns or vehicle speed since the intersection sign was installed. Mr. Hayhurst stated there has been no change. Regular Council Meeting October 18, 1993 Page 20 Forrest G. Burke, 18205 26th Avenue North, agreed that the installation of the intersection sign has had no impact. He stated the all -way stop sign would make this intersection safer and people would need to prepare to stop at the intersection. He also supported other measures to affect speeding, including neighborhood awareness programs and traffic enforcement. He stated that installation of the stop sign would be cost effective. Councilmember Tierney noted that staff had indicated a concern about vehicles stacking at this intersection. If the streets are slippery, vehicles may not be able to stop and rear end type accidents could occur. Mr. Burke stated that the installation of stop signs would not worsen the situation. Vehicles are now stopped at this intersection in order to turn left or right. Councilmember Edson expressed concern with installing the all -way stop signs as the first alternative. He stated that studies have shown stop signs are not effective at slowing speeding traffic, and they can cause additional problems. He asked if the Public Safety Department has a program developed to assist in this type of effort. Public Safety Director Gerdes stated the Public Safety Education Specialist has implemented a program where neighborhood meetings are held to discuss traffic speeding and similar problems. Area residents signed pledges that they will observe traffic laws in their neighborhoods. This program has been successful in other neighborhoods of the City. Councilmember Helliwell stated that she feels residents know their own neighborhoods best and the Council should be supportive to the request. MOTION was made by Councilmember Helliwell to authorize installation of an all -way stop sign at 26th Avenue and Shadyview Lane. Motion failed for lack of a second. Mayor Bergman stated the dip in the roadway concerns him. It creates a very unsafe situation if vehicles are trying to stop at the intersection and either rear end another vehicle or lose control and leave the roadway. City Engineer Faulkner stated that studies also show people will stop at the stop signs, but then will try to make up the speed they have lost in the next few blocks. Mayor Bergman recommended that the neighborhood also continue to gather signatures for the petition in order to reach the 70 percent established in the City Council's stop sign policy. Regular Council Meeting October 18, 1993 Page 21 Councilmember Tierney stated she would favor deferring this issue until April or May so that the Council can evaluate interim enforcement and education efforts. Councilmember Edson agreed that the City should try using all available methods before installing stop signs to address the problem. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to defer this issue until spring, 1994, to direct staff to proceed with enforcement and education efforts, and to advise the neighborhood to obtain additional signatures to meet the 70percent requirement established in the City's stop sign policy. Motion carried, three ayes, Helliwell nay. ITEM &E REQUEST FOR EXEMPTION FROM 1991 WETLAND ACT FOR OUTLOT A, WOODLANDS 2ND ADDITION Public Works Director Moore stated that Project Developers, Inc., is requesting a Certificate of Exemption from the 1991 Wetland Act, based on City Council consideration of proposed Woodlands 3rd Addition on September 21, 1987, and the infrastructure previously constructed. He explained the Woodlands Development was originally approved in 1984, and all of the single family housing was developed shortly thereafter. In 1987, the property owner came before the Planning Commission and Council and requested a revision to the undeveloped portion of the plan which was to be higher density housing. The Council referred this back to the Planning Commission. The developer never resubmitted an application to the Planning Commission for consideration. To be eligible for an exemption under No. 24 of the Act, the City Council had to take action to approve the plan before August 1, 1986, and there was no such approval. Director Moore stated that Mr. Schneider's request is based on Exemption No. 24, which states, "Private construction projects may drain or fill wetlands without replacement after January 1, 1992, if before August 1, 1991, they had infrastructure installed, or if they received approvals required by county, city, or town official controls before August 1, 1991, but after August 1, 1986." Director Moore stated it is staffs opinion that the exemption for infrastructure previously constructed also does not apply to the future development of this property. There were two storm sewers previously installed. In accordance with the preliminary plan approved in 1984, neither one of these storm sewers are used as part of the development of the higher density property. Director Moore recommended that the City Council adopt a resolution denying the certificate of Regular Council Meeting October 18, 1993 Page 22 exemption, so that this development would have to comply with the 1991 Wetland Act. Terry Schneider, 500 South Highway 169, St. Louis Park, requested that the City grant the exemption from the 1991 Wetland Conservation Act. He described the area as upland wetland with small shrubs and trees. Due to the clay soil, the area retains water. Mr. Schneider stated that he believes they can meet the intent of the law, which is to improve water quality, if the exemption is granted. He described plans to improve water quality including ponding on the site. Public Works Director Moore stated that if the exemption is granted, the applicant would not have to do anything. It could allow them to fill the entire area. Alexander Ritter, 120 1st Avenue North, Minneapolis, stated he is one of the fee holders of the initial development. He stated the proposal submitted in 1984 anticipated this parcel would be developed for higher density housing. An exemption would support that plan that is underway. He stated there is no intent to circumvent the protections in the 1991 Wetland Conservation Act. Councilmember Tierney expressed concerns that if the City approves the exemption, the developer could be able to fill the property without regard to the 1991 Wetland Act. Director Moore stated that the Wetland Conservation Act is the provision in law to allow the City to protect wetland areas. Councilmember Edson stated that if the Council denies the request for exemption, the developer could still submit a site plan that could include some filling on the site for council consideration. Councilmember Tierney asked if the developer intends to mitigate the wetland loss on the site. Mr. Schneider stated that they do intend to mitigate; however, under the 1991 Wetland Conservation Act, they would have to replace wetlands on a 1 to 1 ratio. He stated that is not in the best environmental interest of the wetlands to the east, and there is potential for water quality enhancement under the original plan. He believes the sedimentation ponds would be better than a straight replacement mitigation. Director Moore stated that under the regulations currently in effect, development of more than one acre of impervious surface requires installation of water quality ponds. Regular Council Meeting October 18, 1993 Page 23 MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 93-689 DENYING CERTIFICATE OF EXEMPTION. Councilmember Edson stated he is concerned that if the Council approves the exemption, they would be taking away their ability to comment or bring about change on the future plans with respect to wetlands. He does not want to give up that ability, particularly since there is no approved preliminary plat for the site. Further discussion was held on the density for the property. Community Development Director Hurlburt stated that if a complete application for a concept plan or preliminary plan is received no later than November 12, it may be possible to conduct the Planning Commission public hearing and forward that application to the Council, along with the exemption from Wetlands Act, before the end of the year. Motion carried on a roll call vote, four ayes. ITEM 8-F APPOINTMENT OF PROPERTY/CASUALTY INSURANCE AGENT OF RECORD Risk Management Coordinator Pemberton stated that on March 29, the City Council directed staff to issue a Request for Proposal for a fee-based property/casualty insurance agent and report to the Council in October. Request for Proposals were sent to six agencies that are well recognized for their expertise in governmental insurance. Coordinator Pemberton recommended the appointment of T.C. Field and Company as the property/casualty insurance agent of record effective November 1, 1993. Councilmember Edson asked what services the agent of record will be asked to provide the City. Coordinator Pemberton stated the agent will be negotiating the insurance premiums on behalf of the City, as well as monitoring market trends and changes in insurance law. Staff will do claims control and underwriting services. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 93-690 APPOINTMENT OF PROPERTY/CASUALTY INSURANCE AGENT OF RECORD, APPOINTING T.C. FIELD AND COMPANY EFFECTIVE NOVEMBER 1, 1993. Motion carried on a roll call vote, four ayes. Regular Council Meeting October 18, 1993 Page 24 ITEM 9-A-1 COUNCIL REQUESTS STATUS REPORT Mayor Bergman asked if the staff is prepared to provide a report on how the City could best market the former library property (Request No. 93-47). Manager Johnson stated the City Attorney has recommended that any effort to sell the property be delayed until the litigation is completed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to accept the Council Requests Status Report. Motion carried, four ayes. ITEM 9-A-2 CAPITAL IMPROVEMENT AND PROJECT STATUS REPORTS. Manager Johnson reported that completion of the major construction at Bass Lake Road looks promising yet this year. Councilmember Helliwell asked the next step in establishing the alignment for Schmidt Lake Road between Vicksburg Lane and Peony Lane. Public Works Director Moore stated staff is meeting with the consulting engineers to determine if any other alternative alignment should be considered. Staff will notify property owners in the area to present the report and their input will be provided to the City Council. The earliest that this would occur is December. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to accept the Capital Improvements Project Status Reports. Motion carried, four ayes. ITEM 9-B-1 QUARTERLY FINANCIAL REPORT Finance Director Hahn presented the 3rd Quarter 1993 Financial Statements. He noted that development revenue sources continue to run slightly lower than 1992, but still substantially higher than 1990 and 1991. At this point, he believes the City can expect surplus revenues of approximately $300,000 and unexpended appropriations of $200,000 for a total year end surplus of about $500,000. As discussed during the budget study sessions, it is recommended that this surplus be used to pay off the 1990 storm sewer bonds and reduce the tax levy for the 1987 fire bonds by $50,000 per year for the next four years. He noted that revenues in the water fund are down considerably, attributable to the wet conditions this summer. To avoid large sewer rate increases, he will be recommending that the Regular Council Meeting October 18, 1993 Page 25 City Council consider a 3 percent rate increase in the sewer rates to offset Metropolitan Waste Control Commission's annual increase. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to accept the 3rd Quarter Financial Report. Motion carried, four ayes. ITEM 9-B-2 COUNCIL GOALS AND OBJECTIVES STATUS REPORT The City Council reviewed the 1993 Goals and Objectives. Manager Johnson stated that after the election, the Council should establish dates to adopt goals and objectives for 1994. ITEM 9-C COUNCIL INFORMATION MEMORANDUM Manager Johnson announced that City Assessor Hovet has submitted his resignation to accept the position of County Assessor for Washington County. Manager Johnson reviewed the upcoming study session calendar. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to establish a budget study session beginning at 5:30 p.m. on November 22, 1993. Motion carried, four ayes. Mayor Bergman announced that there is a vacancy on the Plymouth Charter Commission and interested residents should contact the City for further information. The meeting was adjourned at 9:42 p.m. z2.-ems 91/CCe 1 2cQ City Clerk