Loading...
HomeMy WebLinkAboutCity Council Minutes 08-17-1987I L S!/ M I N U T F S HF.CULAR COUNC tl MF F T IPTG AUGUST 17, 1987 A Regular meeting of the PIymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Char- uers of the City Center at 3400 Plymouth 8011leVdrd on August 17, 190% PRt.SiNT: Mayor Schneider, Councilmembers VasilInu, litur, and Sisk, Assistant Manager Fioyles, P1ennlnq Director Tremere, City Ingineer Goldberg, Public Safety Ulrec:tor Carlquist, City Atte•-ney Kennedy, and CIL) Clerk Brandt AHSLNT : COLInG i Iniembe r Crain PHLSE.NTAT ION ohn Dltloff, Wayzata School Otstrirt, presented an overview of e re erer'aum on September 15 requesting a 9.97 mill levy to Offset state funding lost through the recent legislative equali- Za t ton. COWSLNT AGE NDA Motion was made by Councilmember Sisk, seconded by Councilmember lltur, to adopt the consent ayenda deleting itemb 9-0 and C, re- moving Item 9-A-1 from the agenda, and adding discussion of the wildlife management and the TwinWest Chamber request for cost sharing. Mo:lon carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Sisk, seconded by Councilmember lltur, to approve the minutes of the Regular Council meeting of August 3,1987 as submitted. Motion carried on a Roll Call vote, four ayes. PUBLIC HEARING Mayor Schneider opened the public hearing at 7:39 p.m. No one chose to speak and the hearing was closed at 7:38 p.m. PRE SE'NTATION Item 4 CONSENT Item 5 MINUTES COUNCIL 3, 1987 Item 6" AGENDA REGULAR RIFTING AUGUST Wequldr Council Meetinq Autlust 17, 1947 1'aw ?4U MOT IOH wdS moide bti Counc i lmember i iter, to adopt HI SOLUT ION NO. 01F Ck HTA1N ORAINAGF Attu UT ll. M Mt SN l Hl l ANt 1. Y 1 NG NUR T HE Rl. Y CAME l OT F STATES. s Sisk, secoruied h Cnunc; lmember 47-5? 3 AUTHOR Ulric; THE v\n-. Loft t ASF W N T S IMt Irl OCK ? ANI) 3 AND OF F 1ST ASF NO[ NORTH IN I AKF Motion rdrr lend on it Roll Cd t l vote, four dyes. Mdyor 5c:hn" lder opened the pub l it hearing ac 7:31.) p.m. No ares Chose lc speak dr d the hearinq was cloewd at. 7:3., p.m. VOT P)N *as made by Cuunc I lmemher Sisk, seconded by Cornu• 1 lmt,mhvr IlLur, to ddupL RLSOLUTIUN NO, s7-5?4 AUTh,7R1l1NG THE VACATION 01 0.RT41N r:RAINAGI AND UTI, l l'i E ASF MF NTS IN LOT 1, BLOCK 39 lit HG 4 NU ADDITION. Motion rdrriod Un d Rall Call vote, four dyes. Pt T1TIUNS, R. QULSTS AND COMMUNICATIONS AssisLdrl' Mdr dger Boyles statt,d stdff has received an appllca- Llun from Ducks Unlimited for d gamblinq Ilcense to coi duct d rdttle dt the Huliddy Inn. The City 'b urdlnanOes precludes them from hdv[n' d gambling operatton In d fdc•llity that is licensed for liquor. The Council has two options, r,mt inuing with the t:xlsttnq ordinanr.e or to dllnw non-profit o adnlrations to con- duct. gambling at for profit faellttles through ordindn,, amend- ment. Cdry Hart, Uticks Unlimited, stated they are dsklnq for an exemp- tion. The Plymoutt women of Toddy ace hdndling LhPIr raffl' so this is ,i fund rdlser for them too. A lot of money has alreddy been spent which the_. cdnnot get bdck. Courirllmember Sisk huw the i rdindliCe could dlffrrentlate between for profit ,iiid iron -prof 1 t orgdnizat lops and whether this would bu discriminatory, Attorney Kennedy answered that an ordinance could be written to he%%p d profit orgdnIZdLIon from having d gambling license. The 1.cw says it lids to be d non-profit orgdnlzdtlon to get a license from the SLdLe. Allowing this license would not set it precedent for d i t)r profit urgdn Izdt Ion. Counct lmember Sisk asked It thu number of licenses could be I In., ted. At Wrney Ker nedy answered that they could. Councllmember Vd!lllou pointed out that the control mechanism is the yruup dsking for d lie'e sc, not `.hey place where it is beinq held. RF SOl UTION NO. 047-511) HJT XCWION I.AKF CAW10T 1 SfAfF 5 Tterr, 7-A RESOLUTION NO. 47 -Wit FA.91-MENT VACATION BF RG ?NI) ADDITION Item 7-B RAFFLE PERMIT REQUEST DUCkS UNLIMMI) Item 4-A FRegular Council Meeting August 17 1757 Pdge d41 Mayor Schneider stated that, if this is allowed. he would havr trouble saying no to the next group wdntlnq a raffle, but This rices not set a precedent for more than one time events, Director Carlquigt stated that, for do orgarltatlon such as Ducks Unlimited, they would only run a criminal check on the applicant and approve the license. If the group was a new one that they have never heard of, they would do a more complete check. Attorney Kennedy staled the State limits the investigation fee to Ue charged to S250. Mayor SchneLde" asked if the city could discontinua or riot renew a 11cense. Attorney kennedy stated that, if the ordinance were properly drditedr thv Council could be given the authority to ban the License if these was trouble at some time. it would be diffi- cult for anyone to challenge the Council's decision should they turn down a ^equest because of previous problems. There Is no vested right on tht part of any yroup. Director Cdrlcltilst nskrO about the number of events allowed. Attorney Kennedy stated he believed d raffle could be limited to one time per year becausr! the City can be more restrictive than State ldw which would a!1nw up to five events. The ordinance would address rAOfies only. MOTION was made by Mayor Schneider, seconded by Councilmember Iltur, directing staff to redraft the ordinance to a110w for one time• per year raf les for non -prof IL organitatlons and giving the Council discretion to deny a request In the event there were problems with a particular applicant. Mot` i carried, four ayes. MOTION was made by Councllmember Sisk, seconded by Councllmember Iltur, to adopt RESOLUTION N0, 67-525 APPROtING NO PARKING SIGN INSTALLATION ON STH AVENUE, RANCHVIEW LANE TO VICKSBURG LANE. Motion carried on a Roll Call vote, four oyes. MOTION was wide by Councllmembcr Sitk. seconded by Councllmember Lltur, %'o ,adopt RESOLUTION NO. 87-V16 DECLARING ADEQUACY OF ETITION AND ORDERING PREPARATION % 'EPOR(, STREET LIGHTING, WIND RIDGE AT BASS '.AKE f,TH ADDITION. Mot toa carr leu an a Rf)11 Call vote, four a;tes. 0 RESOLUTION N0. 87-525 TRM PARKING SIGNS Site AVENUE Item 8-8* RESOLUTION N0. 87-526 DOER= STREET LIGHTING WIND RIDGE AT BASS LAKE 6TH ADDN. Item 8-C* I Regular Council Meeting August, 17, 19h7 Pdge ,'4? MUT LUN Has rn..kle- by rounri lmember Sisk, seconded hs Counc•i lmember l itur, Lo cidc,•,L Rt.SOI_UT ION NO. 47-5?7 APPROW4C. 1Hl Rf NI WAL FOR A CONN T LUNAL USI PERMIT I OR THt CHILDREN'S LF ARNI NG CF NTI R IN Thf. ST. P ARY' h Of THI I.Akf CHURCH, 105 I URI ST'c lE N LAW (46067) . Motion rarric-d un d Rut[ Gill %ote, four ,eyes. MOTION ww, m,„1e• by Counr.i lmember Sisk, seconded by Counrllmember 1 ILur, I : ..dopt Rt SOLUT [ON No. 47-528 DI CI ARING ADFU1I4, 01 Pi 1 ! T ION ANI; ORl if R x NG PRF PAR AT ION UI Rt NUR T , RF W !'%, l AN[ SOLI T H Of 451H Alc NIIF IN THI GTNGf R CRF I K AnnITI0Fl, STRI I T AND UTILITY 11`11IHO111`11.N11). Mut inn varried on .i Rol ! Lid i ,ote, four aNe5. MUTIUN Nc,.. ..jade by Counr.ilmewher Sisk, seconded by Counrilmember litur, to adopt RF SO1.011ON NO. 47-5t9 AIITH(IRIIING RF OUC'T ION 01 S14 PL of ORMANCI GUARANTI t f OR BATON CORPORATION f UH PARK SIDS AT Mt ULCINI LAME (A -33h) to $4O,000. Motion Carried oe. a Roll Call votei, four .over,. MOTION was made by Couneilmember Sisk, serowled h Councilmember Iitur, Lo adapt Rt.SoLUTION NO. til-Sio AUTHORII1NG RtUIICTION 01 SITE PF.RF ORMANCI. GUARANTf 1 FOR RYAN PROPt RT I I S, INC. ( x+6144) to S6,UJt). Motion tarried on i Roll Call ,ote, four ayes. MUTIUN was made by CouncllmembLr Sisk, seconded by Cower.ilmember Iltur, to •+dopt RI SOLUf ION NO. 87-531 AUTHOHIIING RtWICT ION O1 S1TI. Pt RF ORMANCI GUARANT1 1 I OR CHf Sl_F Y 1, CARL SON COMPANY 05137) to S'.a,UUU, Motion carried on a Roll Call vote, four ,eves. MOTION was mdde by Councllmembrr Soek, seconded by Councilmember I.l Lur, to adapt HI SOLUT 1UN N'. s7 -)Q AUTHOR l! I NG RLDUCT ION Of Slit. PLHF ORMANCL GUARAMTLE. FOR STUART CORPORATION ( 86014) to S2O,ODU, MoLlon carried on a ROIL Ca11 Vote, four ayes. MUTII,'e was made by Counri lmember Slsk, secoetdFd by Cocinri lmember litur, to adopt RESOLUTION NO, 47-533 AUTHOR1IING RtIFASI Of S L T E. PI.RF ORMANCF. GUARANTLL. FOR AR T OGRAPH ( 86089) , Motion edrried un a Roll Call vote, four ayes. 401 [ON was made by Councllmember !,Ick, seronde'd by Counrllmember i Lur, t.o adopt RI SOLU1 ION NO. HI -5.14 AUTHORI I I NG Itl I F ASI Ol S l T L PL RF ORMANCI GUARAN T f l FOR C , O, M. H . COMPANY (8701.11. Moil I on carr led on a Roll Call wtvt fou: ,eve s. RESOLUTION NO. h7 -W7 we, . ... ... 1111L. Clitt.nRI N'S I YARNING CI NTf R (86067) ltem P -D* Kt SOLUTION HO. A7-529 ORDIRING RFPORf SIRE I T & UT 11.1 FY IMP. G I NCf• R CRF F K ADON . Item 44 * RESOLUTION NO, H7-S?9 HATON CORP. FOR ["'ARK SLnF AT MF0ICINf I W A -13h) lte•m h -F -1* RFSOLUTION NO. 47-530 BOND RFDUCT16N RYAN PROPVRTIS, INC. 46144) Item R -I -?* RESOLUTION NO, 87-531 CHF SLE Y F , CARL SON CO, 85117) Item H -F--3* RF SOLUTION NO, 97-5V STUART CORPORATION 86014) Item R -F-4* RESOLUTION NO, 87-533 ARTOGRAPH (86089) Item 8-G-1* RE SOLUT ION NO, 87-534 MD 131711mr- C,O,M6B, COMPANY H 7041) Item H -G4 * Ic(-yu l dr Council Meeting August. 17, 19y' Nagt 141 MUT ON wtis made by (:oniricilmt,mber Sisk, sevonded by Coimrl Imumber 10SOLUTION NO. N7-535 lltur, to adopt RfSOLUT10N NO. h7-535 AUTHORl/ING RFllASF 01 SITE PERF URMANCE GUARANTI F F OR RF YNUI DS i ONSTHUC T ION INC. W YNUI DS CONSTRUCT 10N 6101). (46101) It em R -G- 3* Motion Carried or d Roll Call vote, four ayt's. MUT IUN was made by Counc i lmember Sisk, seconded by Counr. i lmember Rt SOL UTION NO. V-536 1 i Lur, to ddopt RF SOLUT ION NO. S7-536 APPROVING A 1947 C ICARf TTI r7=77 l T 1.10 NSF . Item -H-1 * Mot Ion carried on d Roll Call vote, four .rve,%. MOTION wds mddt: by Couruv i lmember Sisk, se,.-onded by Counr I lmeoiber RFSOI IITION NO. 17-537 1 it ur, to adopt RI SOLUTION NO. 87-537 APPROVING TA\l DRIVERS rAXI D VFR ll l FN, I S 1.1CI.W.S0 Item h -Ii Motion edrr ied urs d ko. = r,i l l vut e', four ayths . RE PORTS Of UFl 1Ct RS, 6GARDS AND ( OMMISSIONS MOHUN was made by Counc i lmember Sisk, seconded by Couno- l lmember ORDNANCE NO, 87-20 Mur, to adopt ORDIU-NUCI NO. 97-eO Rf.LUING T[1 SMUTFS AND XiF'ADIT; `fTP—COW CODI S AUUPTF D BY RE F t RF NCI : AMI NO1NG PLYMOUTH CITY CODF , SUB- STATUTE W F I RF NCI S SI CTION 100.07. Item 9-4-1* Motion rdrried on a Rall Call *oLe, four dyes. Mayor Schnelder sLdted, it they forum, the Council discussed the W1 LIN LII MANAG[MINT problem of geese with residents from Cimm-iron Ponds. Because of the Liming of the problem, something must bi: dpproved this fdll If the City is to trip they geese next June. Lynn Taylor, representing Cimmaron Ponds Homeowners AssocIaLlon, stated the problvm with geese is the droppings ori the streets dnd lawns acrd the numbers of geese walking on the streets making If difficult for cars to pass. They would like to have the City help in relocating them or reducing their numbers. Councilmember Sisk slated his concern with the site of the City dnd doesn't believe In funding the cost. This doesn't mean there isn't d problem, just that the City shouldn't be expected to pdy for solving it. Mayor Schne lder Mated that, if the homeowner% dssoctat irnrs would share Lhe cost of the solution, he could agree to It. Counr.ilmember Sisk pointed nut that this Is not a one shot cost, but one which must be ut dertaken over four years. Councllmember Vasillou stated she bellPves her responsibility is to public lands first dnd, ber.ause there dre several ldkes which have been restored by arra homPownek r cissorlat tons without cost shdriny by the City, she doesn't believe the City rould be evt n handed !n dl:;trlhuttnq the money, Regular Council Neetinq August 17, 1987 Nage 244 Counc;llme mbe•r Sisk stated a duccitlnq the rebsideitt ., to hem to make the yeese feel unwelcome is preferable. Councilmember Vaslliou stated she wants assuranee;s that there is money for anyone who asks or she couldn't support it. Councilmember Sisk pointed out that. the City has to hold a pub- te4.'.+earing prior• Lo takinq any deLlon and discussion should be held on whether thy. C! ty should authorize a hunt lnq Season. MOTION was made by Coun.lmember Sisk, seconded by Counellmemher l.itur, to adopt HVSOLUTICN NO. 147-531 ORDERING A P';"Iff HEARING t fGARDING WILDLIFE MANAG01.NT for September 14 at 7:30 p.m. Coeencilmember VdSIIIou asked If, by orderinq the public hearinq, Lhe City was Implying consent and could be t,; .d :table for any costs. Attorney Kennedy will research the question for resoores:'s at the put.l lc hear i '1g. Motion carried on a Roll Call vote, four ayes. Mayor Schneider stated he's been asked about a special huntinq season between September 1 through 10 which the Department of Natural Resources has approvee in the seven county metropolitan area. Ulrectcr Cdrlquist stated the problem which would come tip Is that there would be hunters trespasslng arid confused about the areas where hunting is approved. He's had a number of calls asking if Plymouth was having a season. If it was approved, It would requ're aee ordinance change, permission of the land owner, and other restrictions. The biggest problem would be the confu- sion. The police have problems now with people huntlna and there is none allowed In Plymouth. He believes the problem would greatly increase if goose hunting were allowed. Councilmember Sisk asked what other prot:lems the City may have if they were to allow a number of people to discharge guns In the City. Councilmember Vaslliou stated the deer task force dealt with the same problem dnd they decided that the possibility of confusion Is so great that she cannot believe the Council is even cansid- e:ring a hunting season. She will not .assume the responsibility for the potential of an accident. This is not a social issue; simply a safety one. Councilmember 11tur stated he is willing to look at hunting per- mits In large unpopulated areas of the City. is Discussion cont.aued on how to cure the problem, liability, and they cost of a solution. RESOLUTION NO. 87-538 WILDLIFE MANAGFMFNT Regular Council Meeting August 17, 1967 Pdge ?4S NOTION was made by Counellinember lit.ur, to tdhie• they 15zue until August '4. Motlori died for kirk of a second. Ulck Alfred, 128? 1 Inverness Rodd, Mlnnetonkd, stdted the geese are d problem for everyone. Enforcement of hunters woeild bob % problem, however, at ledst they could be trdrked beCduse they would bei licensed. The DNR hds estimated that the 15,000 geese will double by 1991. The State Is duthoriaing the hunting sea- son to luwr r their numbers. NOTION was made: by Councilmember Mur, seconded by Mdyor Schneider, to ado[t OHUINANQ NO. 47- AME.Nl71NG CITY COVt RELAT- ING TO Wlt.0t.IF E MANAGE ME.NT in order to authorize a gooses hunt tnq sedson. MOTION was made: by Mayor Schneider, seconded by Councilmember l itur, to amend the motion to table the Issue until Auqust ?4 when the entire Council will be present. MutIO11 to table failed, two dyes. Counctlmembers Vastltou and Sisk voted tidy. Mdyor Suhnelder stdted this could be reennsldered at the next Counr i l meeting. Motion fettled ote d Roll Call vote, two dyes. Councilmembers Sisk and Vasi L iou +oted 11dy. Councilmember Sisk esked for cldrificdti%%n of the policy prnvl- REPORT ON POLICY sloes for trdlls and sidewalks. PROVISIONS FOR TRAILS AND SIDEWALKS Uircctor Tremere stated the engineering st.+nddrds have been in Item 9-B effect ford number of years cdlling for sidewalks to be con- crete acid 5 ft. wide. In 1981 the Council adopted a policy for the downtown Plymouth dreg which called for a network of con- crete sidewalks of 6 ft. width. The engineering stdtodards for traLts requires 8 fte of asphalt. Staff, In a specific Instance, recommended a 6 ft6 sidewalk because of the density of the developmeeit . Asslstaot Manager Boyles stated the difference between the 5 ft. and 6 ft, is because of the anttcipdted density to downtown and desire to maximize pedestrian access to this area. Discussion continued on whether bicycles would be allowed on the 31JOWalks, why this is different In vartous parts of the City, potential problems with requirU,y b f:. trans, and the amount Of land needed for snow storage. Councllmember Sisk stated he believed this needed to be resolved with appropriate policy and stdnddrds changes to assure clearer, common criteria. Fr Regular Council Meeting August. 17, 19h7 age x!46 ri U 0 i)le'ec'tur Treme•re suggested that FRAC rons,ider troll standards cis part of the: pedestrian c:irrulatLori system. In 1981, the Coanril didn't foresee sidewalks In the City as a rule except for down - down Plynouth, and it is very possible th-i:, at that t.imeg Director Wank was 0claware of the, siellx walk width required in the, engineerinq stind;rds. Further input from advisory i4roups would seem desLrable, since the matter was nne of policy, Mayor Srhrie,der said FRAC would be the appropriate group, NOTION was made by Counci lmember SI sk. seconded by Mayor hnelder, refe'rriny the matter to staff and FRAC for st±tdy anel rEIbcomme.ndatlons On all riff str(-e't pedestrian ;rills and/or a1de- 411ks, Motlon carried, four ayes. Counc;i lme•mber Sisk stated he was pleased with the list of ques- tions which are being supplied to developers so as to help in the consideration of land use guide plan amendments when brouqht before the Planning Commission :lnd Council. This is a step In the right direction, Uirector Tremetre stated the me%hod of uslrq questions to help staff, Planning Commission, and Council address proposed amend - menton to the guide plan should help av aid sprit guiding and zon- ing, Councilmember Sisk asked what the Coinctl was golnq to do about the impact of changing a land use, PJVticu:arty fiscal Impacts. Mayor Schneider asked If the land use was changed and would cost the City in terms of reduced assessments or charges where utility hetes have been sized per greater densities and more intense uses, can the City reguide conditioned un the developer paying the difference, Attorney Kannedy answered that he doesn't know how the City ou.0 accomplish this. Engineer Goldberg stated it could perhaps be handled development contract and through the special assessment tee. if a property is assessed for a specific amount, what the developer pays no matter what they build on the ty. Attorney back. Assistant motional They are with a commlt- that is proper - Kennedy will researc'i the legality of this and report Manager Boyles presented a sample of the proposed pro - place the TwinWest Chamber is planning to develop, asking for $2,200 as Plymouth's share of the cost. RLPORT ON EVALUATION OF LAND USF GUlpt- FLAN AMf NOME: N T PROPOSAI. S Item 9-C• TWINWEST CHAMBER REQUEST 0R CAST SHARING Regular Council Fleet Ing August 17, 1997 1'dge ?47 Councilme,mber Sisk pointed out that the purpose of the booklet is to attrdet new busln(b%s find Plymouth doesn't have th:a need. Counr.ilmember Vetsllio!j stfeted that Plymouth spent its own money for d brochure. recently fend doesn't believe It should par t lr 1- pdte in this. There dre too many things the City needs to fund In the commuricdtions area thdy she rdnnot support this. MOTION wds made by Counc1lmember Sisk, seconded by Hdyor Schneider, to adopt RESOLUTION NO. 47- AUTHORIIINC PARTICIPA- TION IN T* TWIMWEST CHAMBER OF C(WW R0 PUK ICAT IONG Mdyur Sehnetde:r stated he would like to see 1f all the other Cities part icil)ate, MOTION wds maJe by Mayor Schneider, secoiuled by Councilmember Iltur, to tdbltb the mdtter. Motion failed, two dyes. Counci lmembers Sisk and Vas[ t ioil voted nay, Motion failed on d R01 Call vote, no ayes. Mayor Schneider, Coutu•i lmembers Slsk, 7; dnd Vast l lou voted nay, MUT LUN wds made by CJuns lme•mber Sisk, seconded by Couneilmember Vdsi llou, to deny the I iuulinq request. Motion edrr led, four dyes, Discussion wds held on how to stop the sale of cars from shop- ping center parking lots. Uirentor Tremere stated hes has sent letters to the man•cge;ment company dnd will follow up with legal fiction If it doesn't stop. MOTION wds mdde by Counellmembe,r Iltur, seconded by 1-1ayor Schneider, that Plymouth un Parade run drticles on the proper access to parks throughout the City and telling residents not to use other residents' yards. MoLlun carried, four dyes. The meeting ddjourned dt 1000 p.m. 0 y Iter OTHER BUSINESS