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HomeMy WebLinkAboutCity Council Minutes 11-01-1993MINUTES REGULAR COUNCIL NOVEMBER 1, MEETING 1993 The regular meeting of the Plymouth City Council was called to order by Councilmember Edson at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on November 1, 1993. PRESENT: Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: Mayor Bergman STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Parks Director Blank, City Attorney Meller, City Clerk Rauenhorst, and Recording Secretary Foster. ITEM 4-A PRESENTATION REGARDING NOVEMBER 2, 1993 GENERAL ELECTION City Clerk Rauenhorst gave a presentation regarding the November 2 General Election in the race for the seats of Mayor and two Councilmembers. Through the use of visual aids, she outlined voting precincts and noted which precincts have races for school board members. She explained the process and requirements for registering to vote at polling locations, and advised as to the locations and times polls would be open. She encouraged questions to be forwarded to the City Center offices. ITEM 4 APPROVE AGENDA MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to approve the agenda. Motion carried, four ayes. ITEM 6 CONSENT AGENDA Councilmember Helliwell requested that Items 6-B, 6-D, 6-I, 6- J, 6-M-5, and 6-M-6 be pulled from the Consent Agenda and discussed separately. With regard to Consent Agenda Item 6- Q, she asked that the vote reflect her nay vote. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt the Consent Agenda with the exception of Items 6-B, 6-D, 6-I, 6-J, 6-M-5 and 6-M-6. Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 2 ITEM 6-A APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, Councilmember Tierney, to adopt RESOLUTION APPROVING DISBURSEMENTS FOR THE PERIOD ENDING 1993. Motion carried on a roll call vote, four ayes. seconded by NO. 93-691 OCTOBER 22, ITEM 6-C APPROVE JOINT POWERS AGREEMENT WITH CITY OF MAPLE GROVE FOR HAZARDOUS MATERIAL RESPONSE MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-692 AUTHORIZING THE FORMATION OF A PLYMOUTH FIRE DEPARTMENT HAZARDOUS MATERIAL RESPONSE TEAM AND ENDORSING A JOINT POWERS AGREEMENT FOR A HAZARDOUS MATERIAL RESPONSE TEAM BETWEEN THE CITY OF PLYMOUTH AND THE CITY OF MAPLE GROVE. Motion carried on a roll call vote, four ayes. ITEM 6-E COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-693 ACCEPTING THE CONSORTIUM COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY CHAS) AS DRAFTED BY URBAN HENNEPIN COUNTY STAFF AND BY THE PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY'S (HRA) CONSULTANT THIBAULT ASSOCIATES. Motion carried on a roll call vote, four ayes. ITEM 6-F APPLICATION OF PARKERS LAKE MARKET, 1115 VICKSBURG LANE 3, FOR CIGARETTE LICENSE ` Y MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-694 APPROVING THE 1994 CIGARETTE LICENSE FOR PARKERS LAKE MARKET. Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 3 ITEM 6-G NORTH SUBURBAN DEVELOPMENT, RPUD, PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT, AND REZONING LOCATED AT THE SOUTHWEST CORNER OF I-494 AND COUNTY ROAD 47 (93035) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to: Adopt RESOLUTION 93-695 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR NORTH SUBURBAN DEVELOPMENT, INC. LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE HIGHWAY 494 AND COUNTY ROAD 47 (93035), and Adopt ORDINANCE 93-17 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED SOUTHWEST OF I-494 AND COUNTY ROAD 47 AS R-2 (LOW DENSITY MULTIPLE RESIDENCE DISTRICT (93035), and Adopt RESOLUTION 93-696 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR NORTH SUBURBAN DEVELOPMENT, INC. FOR PROPERTY LOCATED SOUTHWEST OF I-494 AND COUNTY ROAD 47 (93035). Motion carried on a roll call vote, four ayes. ITEM 6-H GREGORY PAUL - CONDITIONAL USE PERMIT TO FILL AT 5250 DUNKIRK LANE (93083) AND EXEMPTION FROM WETLAND CONSERVATION ACT MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to: Adopt RESOLUTION 93-697 APPROVING CONDITIONAL USE PERMIT FOR GREGORY PAUL, LOCATED AT 5250 DUNKIRK LANE NORTH 93083), and Adopt RESOLUTION 93-698 APPROVING CERTIFICATE OF EXEMPTION FROM THE WETLAND CONSERVATION ACT OF 1991 FOR GREGORY PAUL. Motion carried on a roll call vote, four ayes. ITEM 6-K RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR FAMILY HOPE SERVICES LOCATED SOUTHWEST OF FERNBROOK LANE AND 34TH AVENUE NORTH (91013) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-699 AUTHORIZING RELEASE OF SITE PERFORMANCE AGREEMENT FOR FAMILY HOPE SERVICES FOR PROPERTY LOCATED AT 3315 FERNBROOK LANE NORTH (91013). Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 4 ITEM 6-L-1 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS FOR CALIBER DEVELOPMENT CORPORATION. NORTHWEST OF I-494 AND 25TH AVENUE NORTH (93058) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-700 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 14000 25TH AVENUE NORTH (93058), Motion carried on a roll call vote, four ayes. ITEM 6-L-2 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS FOR UNITED POWER ASSOCIATION. SOUTHWEST OF I-494 AND THE SOO RAILROAD LINE (92075) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-701 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR UNITED POWER ASSOCIATION FOR PROPERTY LOCATED SOUTHWEST OF I-494 AND THE SOO LINE RAILROAD (92075). Motion carried on a roll call vote, four ayes. ITEM 6-L-3 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS FOR MEDICINE LAKE PROPERTIES, 9909 SOUTH SHORE DRIVE (91014) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-702 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MEDICINE LAKE PROPERTIES LTD. PARTNERSHIP FOR PROPERTY LOCATED AT 9909 SOUTH SHORE DRIVE (91014). Motion carried on a roll call vote, four ayes. ITEM 6-M-1 DEVELOPMENT CONTRACT BOND REDUCTION FOR AUTUMN HILLS ADDITION (92060) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-703 REDUCING DEVELOPMENT BOND FOR AUTUMN HILLS ADDITION (92060). Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 5 ITEM 6-M-2 DEVELOPMENT CONTRACT BOND REDUCTION FOR CURTIS LAKE 2ND ADDITION (91101) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-704 REDUCING DEVELOPMENT BOND FOR CURTIS LAKE SECOND ADDITION (91101), Motion carried on a roll call vote, four ayes. ITEM 6-M-3 DEVELOPMENT CONTRACT BOND REDUCTION FOR HEATHER RUN ADDITION (92035) _ MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-705 REDUCING DEVELOPMENT BOND FOR HEATHER RUN ADDITION (92035). Motion carried on a roll call vote, four ayes. ITEM 6-M-4 DEVELOPMENT CONTRACT BOND REDUCTION FOR BASS LAKE TERRACE 2ND ADDITION (91070) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-706 REDUCING DEVELOPMENT BOND FOR BASS LAKE TERRACE 2ND ADDITION (91070). Motion carried on a roll call vote, four ayes. ITEM 6-N RECEIVE PRELIMINARY ENGINEERING REPORT AND SET PUBLIC IMPROVEMENT HEARING FOR 1994 STREET RECONSTRUCTION PROGRAM PROJECT_ 401 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-707 RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS FOR 1994 STREET RECONSTRUCTION PROGRAM (CITY PROJECT NO. 401). Motion carried on a roll call vote, four ayes. ITEM 6-0 APPROVE CHANGE ORDER NO. 1 FOR 1993 TRAIL IMPROVEMENTS, PROJECT 317 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-708 APPROVING CHANGE ORDER NO. 1 FOR 1993 TRAIL IMPROVEMENTS (CITY PROJECT NO. 317). Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 6 ITEM 6-P AWARD CONTRACT FOR DUNKIRK LANE IMPROVEMENT PROJECT MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-709 AWARDING BID ON DUNKIRK LANE UTILITY AND STREET IMPROVEMENTS (CITY PROJECT NO. 308). Motion carried on a roll call vote, four ayes. ITEM 6-0 APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS FOR SCHMIDT LAKE ROAD FROM NORTHWEST BLVD. TO FERNBROOK LANE IMPROVEMENT, PROJECT 213 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-710 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SCHMIDT LAKE ROAD, NORTHWEST BOULEVARD TO FERNBROOK LANE CITY PROJECT NO. 213). Motion carried on a roll call vote, three ayes (Edson, Tierney, Vasiliou), 1 nay (Helliwell). ITEM 6-R DAHLSTROM COMPANIES. INC. FINAL PLAT FOR WEST OAKS OF PLYMOUTH LOCATED AT THE NORTHEAST QUADRANT OF FERNBROOK LANE AND ROCKFORD ROAD (93078) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to: Adopt RESOLUTION 93-711 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR DAHLSTROM COMPANIES, INC. FOR PROPERTY LOCATED AT NORTHEAST OF FERNBROOK LANE AND ROCKFORD ROAD (93078), and Adopt RESOLUTION 93-712 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR PLYMOUTH OAKS" FOR PROPERTY LOCATED NORTHEAST OF FERNBROOK LANE AND ROCKFORD ROAD (93078), and Adopt RESOLUTION 93-713 ADOPTING ASSESSMENTS FOR CITY PROJECT NO. 332, SANITARY SEWER AND WATERMAIN AREA, PLYMOUTH OAKS. Motion carried on a roll call vote, four ayes. ITEM 6-S HARSTAD COMPANY - PUD FINAL PLAN/PLAT FOR KINGVIEW HEIGHTS LOCATED AT FERNBROOK LANE AND 42ND AVENUE NORTH (93098) MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to: Regular Council Meeting November 1, 1993 Page 7 Adopt RESOLUTION 93-714 APPROVING FINAL PLAT FOR HARSTAD COMPANIES FOR PROPERTY LOCATED WEST OF FERNBROOK LANE AT 42ND AVENUE NORTH (93098), and Adopt RESOLUTION 93-715 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR HARSTAD COMPANIES FOR "KINGSVIEW HEIGHTS 3RD ADDITION" FOR PROPERTY LOCATED WEST OF FERNBROOK LANE AT 42ND AVENUE NORTH (93098). Motion carried on a roll call vote, four ayes. ITEM 6-B CONSIDERATION OF RENTAL HOUSING LICENSING AND INSPECTION PROGRAM Councilmember Helliwell had requested that this item be pulled from the Consent Agenda for separate discussion; she asked for a staff briefing as to this item. Building official Ryan gave the following background with regard to this item: In December 1992, the City sent a letter to all rental housing owners which advised of the City's intent to adopt a formal Housing Maintenance and Rental Licensing Code early in 1993, provided a copy of the draft of the proposed ordinance, and invited attendance at an informational meeting in January 1993. In January 1993, a Focus Group was formed to receive input, share information and discuss various code provisions and the proposed fee schedule for the Rental Housing License Program. In February 1993, the City Council deferred adoption of the Rental Housing Licensing and Inspection Program and directed staff to provide alternatives to the proposed fee schedule. In October 1993, the City sent a letter to all rental housing owners and managers which advised of the City's intent to adopt a formal Housing Maintenance and Rental Dwelling License Code at the Council meeting of November 1, 1993, provided an outline of the proposed fee schedule, and invited attendance at the November 1 Council meeting. Regular Council Meeting November 1, 1993 Page 8 As to future plans relative to this program, Ryan stated the following: By the end of November 1993, the City intends to notify all possible rental housing owners of the existence of the Housing Maintenance Code and Rental Licensing Administrative Program. In February 1994, inspections of rental dwellings is planned to begin with the order of inspections established by lottery in order to spread the inspection load. After an individual property has been inspected, the owner will have twelve months in which to correct deficiencies discovered during the inspection process. Councilmember Vasiliou forwarded to Ryan a letter received from rental property manager, Park Avenue of Wayzata, which expressed concern as to the need for an equitable fee schedule. She commented that perhaps one fee schedule will not equitably address all situations, that she would like to see a staff report as to variables and factors that have been considered and the impact of those alternative fee schedules. Ryan briefly reviewed alternative fee schedules which had been considered by the Focus group. Councilmember Helliwell commented that the development of this program has been in process for nearly a year. She noted that the intent is apparently to make this program self supportive to pay administrative costs and the cost of one inspector, however, figures indicate the program has not been self supportive. She suggested the program be finalized soon since it has been worked on for so long. Stuart Nolan, of Fernbrook Townhomes, said he does not believe the proposed fee schedule is equitable, and perhaps townhomes need to be addressed separately. He stated that he is willing to pay his fair share, but what is proposed is too high for the property he represents. Carol Scheidler, of Park Avenue of Wayzata, commented that she supports the inspection process, but is opposed to the fee schedule in that it seems to penalize townhomes. She urged the Council to take another look at arriving at an equitable fee schedule. Regular Council Meeting November 1, 1993 Page 9 Steven Schachtman, stated that he has no property in Plymouth though he used to manage the Harbor Place development. He recalled appearing before the Council about a year ago regarding this issue and said he has a moral obligation to see the matter through to closure. We advised that he works with the license review board in Minneapolis and certainly supports an inspection program, but finds the proposed fee schedule discriminatory since some property owners cannot pass on costs to residents. He suggested the Council adopt an ordinance establishing the program, and then reevaluation and revisit the matter of a fair and equitable fee structure. He added that the Focus Group definitely did not recommend the proposed fee schedule. Michael Semsch, of Manor Royale and The Place Apartments, stated that he supports an inspection program. He commented that his goal is to provide quality, affordable housing, and he fears that tenants will seek lower rental rates elsewhere if the proposed fee schedule is forced to be passed on to tenants. He added that the fee schedule is discriminatory, in his opinion, and the City of Plymouth will ultimately suffer if higher vacancy rates result from the proposed fee schedule. Scott Brezny, of Wellington Apartments, stated that the inspection program is necessary, but the inequitable proposed fee schedule will only reduce the amount of money he has to maintain and improve his property. Penney Shaw, of Parks Lake Apartments, echoed the comments of all the previous speakers. Kathleen Grendahl, property owner of various rental properties, voiced her concern regarding a flat fee, and suggested a per unit fee with a multiplier. Councilmember Edson recognized certain costs must be absorbed through fees and it would be more expensive to inspect properties with fewer units. He suggested the Council take action to establish the inspection program and revisit the fee structure issue in the very near future. Councilmember Vasiliou concurred with Councilmember Edson's comments and expressed her pleasure to see that the staff, the Focus Group and the apartment owners have worked together. She suggested that rather than determine a fee structure based on a budget that must be met, perhaps it would make more sense to propose a fair structure and then compare how well that structure compares to the budget needs for the program. Regular Council Meeting November 1, 1993 Page 10 Councilmember Tierney expressed a desire not to replicate the work the Focus Group and the staff have already done in this matter. She said part of the budget for this program could be considered as paid through taxes paid by property owners. Councilmember Edson noted that the Council has a study session scheduled in November when this matter could be discussed. He asked if the Focus Group endorsed the proposed fee schedule. Councilmember Helliwell asked if the Focus Group discussed fees. She added that she cannot support the establishment of the inspection program without a mechanism in place to fund the program. She questioned whether an ordinance without a plan for funding could be enforced. Ryan stated that the Focus Group recommended fee structure review, but they discussed fees only briefly, spending most of their time working on elements of the program itself. He asked the Council for specific direction as to how to proceed in revisiting the fee schedule issue. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt ORDINANCE 93-18 ADDING SECTION 405 OF THE PLYMOUTH CITY CODE RELATIVE TO HOUSING MAINTENANCE; REPEALING EXISTING SECTION 410 AND ADDING A NEW SECTION 410 RELATING TO RENTAL DWELLING LICENSES. Motion carried on a roll call vote, 3 ayes (Edson, Tierney, Vasiliou), 1 nay (Helliwell). MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to direct staff to meet with the Focus Group and other interested parties relative to a fee structure for Rental Dwelling Licenses, and forward a recommendation to Council by December 1, 1993. Motion carried on a roll call vote, 3 ayes (Edson, Tierney, Vasiliou), 1 nay (Helliwell). ITEM 6-D CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AMENDED BUDGET FOR FISCAL YEAR 1993 u Councilmember Helliwell had requested that this item be pulled from the Consent Agenda for separate discussion; she asked for a staff briefing as to this item. Regular Council Meeting November 1, 1993 Page 11 Community Development Director Hurlburt explained that this agenda item is a request to revise the Fiscal Year CDBG Program, changing the funding level for the current Scattered Site Howeownership Program by the addition of a new program called the Community Home Program. A representative of the Community Home Program explained that the Community Home Program is a non-profit organization geared to provide licensed adult foster care for the physically handicapped. He explained that the Community Home Program is interested in purchasing the property on the northeast corner of County Road 9 and Fernbrook Lane on which to construct the first of 16 homes planned in Hennepin County. He noted that the Department of Human Services has determined that there is a tremendous need for this type of facility. He explained that each home is planned to house four residents, with round-the-clock care, and have a typical residential look while incorporating handicap accessibility standards and other special care needs of residents. Councilmember Helliwell asked if residents would be long-term residents. He stated that residents will live in the home as long as their special care needs are met. Councilmember Tierney commented that this appears to be a much needed service in our society. Councilmember Vasiliou commented that this use of the subject property is a "win/win" situation in that not only will this use meet a need of our society, it will also provide an appropriate use of a property which may otherwise be difficult to develop. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to adopt RESOLUTION 93-716 RECOMMENDING REALLOCATION OF FISCAL YEAR 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 12 ITEM 6-I CONSIDERATION OF LAUKKA-WILLIAMS PARKERS LAKE AMENDED MPUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR A LOT DIVISION/CONSOLIDATION AND REDUCTION IN COMMON OPEN SPACE AT THE SOUTHEAST CORNER OF VICKSBURG LANE AND 18TH AVENUE NORTH (93099) Councilmember Helliwell had requested that this item be pulled from the Consent Agenda for separate discussion; she asked for staff clarification as to the property involved in this matter, as the map included within Council packets was somewhat illegible. Community Development Director Hurlburt explained that this proposal involves taking about 2,000 square feet of property from a common outlot and adding it to three individual adjoining single family lots. She added that the area involved is mostly an existing berm, the result of this action would be the rearrangement of lot lines which would accommodate the construction of a slightly larger home on the single family lots, and the loss in common space is thought to be rather insignificant since the area in question is a bermed area that is not very useful as common space. Councilmember Helliwell commented that this change would effectively reduce the size of the outlot/green space considerably. She recalled a similar past action at another location within this MPUD, and questioned whether the developer could theoretically make subsequent similar requests throughout the MPUD. She noted that approval of this action would enable the developer to build a home that would be larger than normally allowed, and she is leaning toward voting against such action. She added that she would not wish to see any subsequent similar changes to this MPUD. Hurlburt confirmed that previous similar revisions had been made to this MPUD; she commented that the developer does not expect any further changes of this nature, and, in fact, most lots in the MPUD are already developed. Councilmember Edson noted that this action requires a 4/5 affirmative vote of the Council; he suggested that, since neither the developer nor the Mayor were present, the matter be deferred in order to be heard by a full Council. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to defer action with regard to this case. Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 13 IN FILL TO EXPAND AN EXISTING BERM LOCATED NORTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND VICKSBURG LANE (93108) Councilmember Helliwell had requested that this item be pulled from the Consent Agenda for separate discussion. She voiced concern with regard to the type of seed to be used as ground cover, questioning whether the seed would be prairie grass. Community Development Director Hurlburt stated that the seed planned to be used is consistent with that used in other approved projects, a variety of seed typically used by MNDOT. She added that she believed the intent was for the ground cover to be mowed regularly, much the same as is done by MNDOT along highways, etc. Councilmember Helliwell asked for a definition and purpose of the emergency overflow Swale referred to within staff's report on this case. Public Works Director Moore explained that if the existing storm sewer outlet from the pond were clogged (as may occur should ice block the outlet) the emergency swale would serve as a protective mechanism to redirect overflow drainage. He commented that expansion of the berm would require the construction of the emergency swale. Councilmember Helliwell asked if the berm would actually block the natural flow of drainage, creating the need for the swale. Moore answered yes. Hurlburt noted that an amendment to the plan is being requested to allow the expanded berm, and the purpose of the expanded berm is to improve privacy and provide a buffer from traffic noise. She noted that the homeowners' association has lent its support to this request. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-717 APPROVING CONDITIONAL USE PERMIT FOR LAUKKA-WILLIAMS FOR PROPERTY LOCATED IN THE NORTHEAST CORNER OF 18TH AVENUE NORTH AND VICKSBURG LANE (93108). Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 14 ITEM 6-M-5 CONSIDERATION OF DEVELOPMENT CONTRACT BOND REDUCTION FOR PARKERS LAKE NORTH 2ND ADDITION - SHENANDOAH LANE EXTENSION 93067 and Councilmember Helliwell had requested these items be pulled from the Consent Agenda for separate discussion. She asked for staff clarification as to what particular developments these requests pertained to. Public Works Director Moore clarified, outlining the boundaries of the developments, and advised that the requested action would reduce financial guarantees for public improvements done in these areas. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to: Adopt RESOLUTION 93-718 REDUCING DEVELOPMENT BOND FOR PARKERS LAKE NORTH 2ND ADDITION (93067) SHENANDOAH LANE EXTENSION, and Adopt RESOLUTION 93-719 REDUCING DEVELOPMENT BOND FOR PARKERS LAKE NORTH 10TH ADDITION (93067) Motion carried on a roll call vote, four ayes. ITEM 7-A PUBLIC HEARING REGARDING VACATION OF STREET RIGHT-OF-WAY AND TRAIL EASEMENT ADJACENT TO LOTS 9 AND 10, BLOCK 1, SAGAMORE ADDITION Public Works Director Moore stated that the action being requested in this case involves vacation of a portion of Trenton Lane and trail and walkway easements adjacent to Outlot B and Lots 9 and 10 Sagamore Addition. As background, Moore explained that the City Council had already approved a lot consolidation and site plan for Plymouth Green Villas (93091), and the requested vacations are required in order to construct as proposed on the approved site plan. He noted that Trenton Lane was extended from 44th Avenue to 45th Avenue providing a through street system from 43rd Avenue, the north portion of Trenton Lane was vacated with the platting of Woodlands Addition, and Trenton Lane will not be extended to the west, therefore, the right-of-way is longer needed. In addition, he stated that, per Parks Regular Council Meeting November 1, 1993 Page 15 Director Blank, there are no plans to further extend the trail along the south side of Trenton Lane, therefore, that easement is also no longer needed. The public hearing was opened inviting public comment; there was no response; the public hearing was closed. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to: Adopt RESOLUTION 93-720 AUTHORIZING THE VACATION OF TRENTON LANE STREET RIGHT-OF-WAY, OUTLOT B AND LOTS 9 AND 10, BLOCK 1 SAGAMORE ADDITION, and Adopt RESOLUTION 93-721 AUTHORIZING THE VACATION OF A TRAIL AND WALKWAY EASEMENT, OUTLOT B AND LOT 10, SAGAMORE ADDITION. Motion carried on a roll call vote, four ayes. ITEM 8-A-1 REPORT ON OBJECTIONS AT PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR 1993 REMOVAL AND DESTRUCTION OF DISEASED TREES Parks Superintendent Peterson, explained that for 17 years he had been involved in a process (as outlined in City Code 2020.13 Subdivision 1) whereby trees are inspected, flagged if diseased, the property owner is advised of a 20 -day period in which to remove diseased trees or contact the City with regard to a plan for tree removal, and then the City making arrangements with a contracted tree service for the removal of diseased trees that are not attended to by the property owner according to plan. Peterson added that when a "forced" tree removal occurs, the City pays the contractor a pre -approved cost and then assesses the appropriate property owner, after which there is an appeal process for this type of assessment. With regard to this particular case, it was explained that the City sent a certified letter to property owner Lee Bakewell which was received and signed for on June 24, 1993) explaining responsibilities, removal options and the time frame involved; however, on July 14, 1993, the trees had not been removed and no contact or request for extension had been made by the property owner, thus a forced cut was initiated by the City. Regular Council Meeting November 1, 1993 Page 16 Note was made that Coolen Brothers Tree Service removed the trees on or before July 25, 1993 at a cost of $11,161.20, and then the City added the typical 25% administrative fee 2,790.30), bringing the total bill to the property owner of 13,951.50. Councilmember Tierney asked if the 25% administrative fee became policy through Council action. Peterson stated that the addition of a 25% administrative fee is a typical practice, but he was uncertain as to how it was initiated. Councilmember Tierney asked if the City had any indication that the property owner was making a valid attempt to remove the trees. Peterson said staff was not aware of any contact having been made with regard to the diseased trees, that if such contact had been made, the City would have been flexible in trying to accommodate plans even if the plans took a reasonable amount of time in excess of the 20 day period. Lee Bakewell submitted documentation explaining the background of the property and the series of negative events that had transpired since his acquiring the property. He emphasized that when he purchased the property there were unresolved title questions involving a strip through the property which was former Dunkirk Lane, then County Road 24 was realigned affecting his property, then a large portion of the property was deemed wetland, and then the matter of the diseased trees arose. He drew attention to the documentation he had submitted to Council to illustrate that, prior to the tree removal issue, he had made several attempts to contact or work with the City with regard to property -related issues, and he believed staff had ignored him on several occasions. With regard to the notice from the City about the diseased trees, Bakewell commented that the notice was very unclear as to what trees were involved and what the impending cost of removal might be. He stated that he recognized the importance of removing diseased trees, but did not believe he had been treated fairly in that the notice was unclear and then he did not receive the courtesy of a phone call or other notification when the bill for removal of the trees was expected to be so high. He stated that the basis for his objection to the assessment is that the tree removal notice referred to "11DI 104I and 281 dots", and he had no idea what that reference meant, or its implication. He further objected to the unreasonable 25% administrative fee added to the bill. Regular Council Meeting November 1, 1993 Page 17 Mary Bakewell stated that she had contacted tree removal contractors after receiving the tree removal notice, but had not received a response from any of them until after the 20 day period had lapsed. She added that she never would have guessed that the impending cost would be so high. Councilmember Helliwell asked staff to respond to Bakewell's claim that staff had ignored him on several occasions prior to the tree removal issue. Public Works Director Moore stated that Bakewell believed he had a right -of --way vacation issue and Moore had tried to explain to Bakewell that there was not a vacation issue and many things needed to be accomplished before Bakewell's property concerns could be addressed. Councilmember Helliwell asked how the diseased trees were originally discovered. Peterson said diseased trees show visible signs of stress and deterioration, and the trees were noticed on a drive-by inspection. Peterson added that there were 280 diseased trees and he believed the situation had been steadily worsening over a long period of time. Councilmember Edson was sympathetic to the significant amount of the bill, but added that it is the property owner's responsibility, not the City's, to maintain private property. He noted that the City had forced cut weeds on the Bakewell property in the past also. With regard to the administrative fee, Edson stated that the fee may be appropriate on a small bill, but 25% was inappropriate on such a significant bill. City Manager Johnson said he believed the Council had the power to decide as to assessment of the administrative fee. Councilmember Vasiliou suggested that the administrative fee be waived, either in total or in part, since it appears that the City may share some responsibility in the miscommunication that apparently transpired. She recommended to staff, that in the future, these types of matters be clearly communicated and the potential for incurred costs also be communicated. Councilmember Edson concurred and added that the tree removal notification form and any other similar forms used by the City must be "user friendly" to clearly and diplomatically communicate to the recipient of the form. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Tierney, to waive the administrative fee of 25% from the assessment levied on the Bakewell property. RESOLUTION 93-721A) Motion carried on a roll call vote, four ayes. Regular Council Meeting November 1, 1993 Page 18 MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to direct staff to reevaluate all forms/notices that are sent to the public, and redesign them as appropriate to enhance their clarity. Motion carried on a roll call vote, four ayes. ITEM 8-A-2 REPORT ON OBJECTIONS AT PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR NORTHWEST BLVD./SCHMIDT LAKE ROAD, PROJECT 011 Public Works Director Moore recalled that on October 18, 1993, the City Council held a public hearing on the proposed final assessment for the improvement to Northwest Boulevard/ Schmidt Lake Road, during which Brett Smith of 4940 Pineview Lane objected to his concrete curb and gutter special assessment on the basis that Smith did not believe he had received benefit from the curb and gutter. Moore stated that the primary purpose of curb and gutter is to control drainage for a road surface and adjoining properties. He noted that all other properties in this area were also assessed or the developer provided escrow for the improvement. He noted that the assessment for the Smith property related only to concrete curb and gutter, that no other portion of the road or cost to construct the berm was assessed to Smith, therefore, staff's recommendation was to make no change to the special assessment against the Smith property. Moore further noticed that, at the request of Smith and his neighbors, a modification was made to how the street was constructed adjacent to the Smith property. He drew attention to a diagram indicating that if curb and gutter had not been included, paved or gravel shoulder and a drainage ditch would have been required, and the screen berm, which was requested by the property owners, would have been impossible where it was located. Councilmember Helliwell said it seems unfair to be assessed on both the front of the Smith lot (on a cul-de-sac) and on the rear of the property also. Councilmember Vasiliou stated that assessments from more than one side do exist in various locations throughout the City. Moore added that this assessment has been pending since September 1990 and the actual assessment is less than the September 1990 estimate. Regular Council Meeting November 1, 1993 Page 19 Note was made that Smith was not present. Moore stated that Smith was sent a staff report and advised of the meeting. MOTION was made by Councilmember Vasiliou, seconded by Edson, to reaffirm the decision initially made by Council with regard to the assessment for the Smith property. Motion carried on a roll call vote, four ayes. ITEM 8-B DISCUSS NEED FOR ADDITIONAL SPORTS FACILITIES - ALAN SUCKERMAN, PLYMOUTH -NEW HOPE ATHLETIC ASSOCIATION Note was made that the New Hope/Plymouth Athletic Association had requested to be placed on this evening's agenda to make a presentation and discuss the need for additional sports facilities; no one from NHPAA was present. MOTION was made by Councilmember Vasiliou, seconded by Edson, to defer this item until NHPAA contacts the City again. Motion carried on a roll call vote, four ayes. Councilmember Vasiliou referred to a report compiled by Parks Director Blank and Recreation Supervisor Busch in anticipation of the discussion regarding the need for additional sports facilities. She thanked staff for the report and asked it be kept on file since this issue arises often. ITEM 9-A STUDY SESSION SCHEDULE AND CITY COUNCIL INFORMATION City Manager Johnson advised that this evening's meeting should be adjourned to the Election Canvassing Meeting. He suggested times for the Election Canvassing Meeting; Council agreed to tentative times of Wednesday, November 3 at 3:30 p.m. or Thursday, November 4 at 4:00 p.m. (Johnson to confirm). Johnson drew attention to a memo from Community Development Director Hurlburt regarding H.I. Enterprises' pylon sign at Holiday Express, and suggested that Council direct the Planning Commission to review this matter. Councilmember Vasiliou commented that she did not believe it prudent to consider an ordinance amendment creating a vehicle for "bending the rules" just to address one very uncommon set of circumstances. City Manager Johnson concurred with Councilmember Vasiliou's reluctance, but added that it is the Regular Council Meeting November 1, 1993 Page 20 opinion of the Community Development Department and the City Attorney that the H.I. Enterprises case cannot be handled without changing the existing ordinance. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to direct staff to draft a proposed ordinance amendment for the required public hearing, and forward a recommendation to the City Council. Motion carried on a roll call vote, four ayes. Councilmember Tierney referred to a letter from Nedegaard Construction expressing frustration relative to the City's Tree Preservation Policy. She asked if the City has been well served by this policy overall. Parks Director Blank stated that overall the policy works well, but the Nedegaard concern relates to trees that were damaged. Councilmember Vasiliou said the Nedegaard case may be an isolated incident as she has not been aware of similar frustrations expressed in the past. The meeting was adjourned at 9:31 p.m. to the Election Canvassing Board Meeting. Recording Secretary