HomeMy WebLinkAboutCity Council Minutes 08-17-1987I
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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