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HomeMy WebLinkAboutCity Council Minutes 10-19-1987n U 0 S// M I N U T E S RL:CULAH COUNCIL NEL r INC OCTOBER 190 1997 A reguldr meeting of the Plymouth City Council was cdlled to or- der by Mdyor Schneider dt 7:30 p.m. In the City Council Chdmbers of the City Center dt 3400 Plymouth BouleVdrd on October 19, 1987. PRESENT: Mdyor Schneider, Coutic I imembers Vds t l lou, I I tur , Crdln, dnd Stsk, City Mdndger Willis, Asslstdnt Mdndger Boy lets, P.ldnning Director Tremere, Public Works Director Moore, Pdrk dnd Recred:lon Director Bidnk, Public Sdfety Director Cdrlyulst, City Attorney Thomson, and City Clerk Brdndt AHSLNT: None PRLSENTATION Mayor Schnciticr rCad a prowldmdtton decldrIng the week of Octo- ber 18-24 ds Ndtlondl Business Women's Week. The p.dyor deknowledged d contribution from J & R Plead towards the policemen's vest fund. Mdyor Schneider read .a resolution thdnking the volunteer soccer eodches for their hours of service to the community. CONSENT AGENDA Motlon was made by Councllmember litur, seconded by Councilmem- bcr Sisk, to dduut. the consent dgendd deleting Item 8-T-2. Motion cdrrled on a Roll Cdll vote, five dyes. MINUTLS MOTION w.+5 mdde bk Count; i l member Z l tor, seconded by Counc l lmem- ber Sisk, to dpprove the ml+utes of the Reglildr Council meeting of October 5, 1987 as submitted. Motion cdrr ltd on d Roll Cd 1 l vote, five .ryes. PNESFNTAi ION Item 4 CONS[ N I Item 5 MINUTES COUNCIL OCroffH Item 6" AGENDA REGULAR MEF T ING S, 1987 Kegu ar Lounc . yet ng October 19, 1987 Page 309 PUBLIC HEARINGS Mayor Schneider opened the public hedrinq at 707 p.m. No one chose to speak and the hearing was closed at 7;37 p.m. MOTION was made by Councllmember Sisk, seconded by Councilmem- ber Crain, to adopt RESOLUTION N0, 87-667 AUTHORIZINC THE YAC A - TION OF DRAINAGE. AND UTILITY AND STREET EASEMENTS, WAGNER ADDI- TION. Mot Lon carried on a Roll CaLI vete, five ayes. Ndn,yer Willis stated the Council directed an engineering study on whether or not to undertake drainage Improvements in Wood - creek Addition. The purpose of the hearing is to give the pub- lic the opportunity to hear the report and ask questions. The hcdring was noticed In the official newspaper dr d mailed notices were sent to those residents In the proposed assessment dis- trict. There ere three alternates under consideration d d the Specl.il Assessment Committee is recommending alternate A. if the project is ordered dnd contrdcts let, d second hearing will be held to dllocdte costs to the subject properties and rest- det ts will know deflntte.y what their cost will be. Uirector bore stated the project was Lnttidted d year ago by S property owners within the ared because of the severe erosion in d drainage channel In the dreg. Engineering reports defined the alt.rndtes. He showed sl!des of the area and recommended that the costs be assessed over the entire drainage dreg with the four abutting properties, who receive more benefit, paying ar addiLlondl cost; he polnted out these four lots. Counci.lmember Siak dsked iP this situation co ild be considerer) hdidrdous to the public. Attorney Thomson answered Lhdt debris can be d safety hazard to ch l Idren0 DireQtor Moore stated the City's easement is over the lots to the east and not over Outlot C. Some edsements would have to be obtained from the homeowners association on the outlot. He stated the chdnnrl is a lot deeper that It was before and the trees have changed the routing. Mayor Schneider opened the public hearing dt 7:50 p.m. The Mldyor read d letter from Gregory and Connie Korstdd, 10915 4th Ave., fdvor inq the pro jkxt but objecting to his proposed dssessm I'lt. Robert Sh l.ers, '10905 34th Ave., owns one of the four lots to be dssesse tN t:xtra dmount. His concern is thdt the chdr nel is all In the outlot except for lot 2. He questioned their receiv- ing ldterdl benefit since It Is not on his property. He PUBLIC NEARING CASEMENT VACATION Item 7-A RESOLUTION N0, 87-667 LA5EMENT VACATION WAGNER ADDITION Item 7-A PUBLIC HEARING - PROJt C T 660 Item 7-B C7 Regular Council Mweting October 199 1987 Page 310 favors the project Lut Is concerned about the singling out of the four Lots as receiving extra benefit. John Kulle, 1wOS 36th Ave., asked questions on the difference e ween ,Fie alternates. He also favors the project. Director Moore explained the difference, are that alternate A and B would Involve Instdllatlon of a pipe but in different con. flgurdtlons, and alternate C Involves cleaning out the channel and Installing r*,c•k riprap. Tlm Peterson, 3235 Wellington Lane, stated he thinks the lots to e sou o Out:ot C should be assessed as well and asked how the assessment area was arrived at, He favors the project. Director Moore answered that this lot may be deleted out but the assessment area will be better defined when the project Is orderid. The people not affected by the channel would not be notified as they will riot be assessed. Mr. Peterson asked whether their channel, which is smaller dncl Is also experiencing erosion, could be Improved dt the same time before It gets to the same state as this one. Ulreetur Moore thrnugh their Includes only from residents for a public ordered, stated there is no where near the Flow of water channe l and dt the presfoot time the project this one channel. There ha,re been no requests to do the other one. They would have to petition improvement and an engineering study would be Bill Lalnl_n9er, 3215 Wellington lane, favors the project as It s s porperkythatisbeingeruded. Mark Windfeldt, 10601 36th Ave., approves of the project but qust one w y he was dssessed. Ulrector Moore answered that drdlndge from that entire area along 36th Ave. goe: through pipes which end up at the channel. Roger k dber , 3225 Wellington Ldne, asked why the builder warn t required to Nut In the right stuff In the first place. Ulrector Moore stated that this development was approved in 197? or 1973 and he couldn't find dnything relating to the channel. Mr. Sievers statue o bdbly no one believed dssessment would be issue. a .-reek, in 1974, was very smdll and pro- dr ything had to be done. He asked If the changed It this were declared a sditty Mdyor Schneider doiswered It would nut. The hetir lnrl was closed dt 8:09 p.m. Requldr Council Meetlnq October 19, 1987 Pdqe )11 MOTION ads mddr by Couriellmembe;r Sisk, seconded by CouncLlmPm- ber LLtur, to adopt RLSOLUILON NO. 97-664 ORDERIPIa 1141ROVkMENT AND PRE PAR A T L ON OF PLANS AND SPE C L F I C A T l ONS , WOOD CRE' E K ADDITION ANSA, STORM Sk.WE.R LMPROVc MENIS, PROJECT NO. 660. Uirector !buure: stated this is w[nte;r work and prohdbly will he dont: Ln Jdnudry or February, Nut lun carr itcd on d Ru I l Cd 11 vote., five ayes. MOTION ads made by Counc,• l Lmt:mbcr l i ttir, seconded by Couiw l lme.m- ber Sisk, to ddopt RESOLUI LUN NO. s7-669 APPROVING AMEPIDME:NT TO SIAQU GROWTH E.LF.MENI OF [HE CITY'S COMPREHENSIVE PLAN FOR CRAIG SCHE HEIE R (b7U59) . MOLtoo$ Cd' rI4-d on d Roll Call vote, five1 lye S. MU I LUN wa m.de by Counc• l imt-mber l l tt r , seconded by Cuun(t t imem- be;r Slsk, to adopt RESOLUTION NO. 47-67U APP14OVINC PRi L IMINANY PLAT 011 CiIA l C SCHE RHE H FOR "MEADOWS OF BASS L. AKE " 07059). Mut ion twr lrd on a Roll Ca t l vote, f [ve dyt-g. i,. JH *ds mide: by Councllme;mber 11tur, seconded by Count-llmem- iel 4sk, to <dupt RLSULUI LUN ALU. 'S7-671 SL r r LNG COMMON TO HE OR rU PUHI, lCAr ION Of UHUItjAPjCE REZONING LAND LOCATED AT 40H T HWE a f COHNE H Of P L NE V LLW LANE AND SCHMID r L AKF ROAD wt tun cdrr leel un a Holl Cd l t volt, fiver dyes. MU r IUN wa:) (aide by Counc l lmember L i tur, seconded by Cuunc i ftm- ber `,isk, to odupt OHULNANC-E No. 7-2H AMENDING THE IONLNG ORUI- NANCE 10 CL ASS l f I CE H I A L N! ANDS LOC A f f U LPI 1 fie NOH i HWE S T CORNS R OF 1' 1NE V lE W LANE AND SCHM! u I LAX[ R')AD TO H- lei ( LOW DENS l f Y RE S- lUtN1l1L) ULSIHICT. Mutlun eirrivil on a Rull Cdll vote, Five a)es. MUiIUN was made by Councllmembe.r be r 5l sk , to ddop t RESOLUTION NO. VAH[ANCL 0H HfUIN OLVFLUPMENI 97098). 1 i tur, secunded by Cuunc l imem- 47-671 APPROVING SL fE PLAN AND i UH HE RKSH LIE OE i ICE PARk Mut lun carr -d un 4. Hull Cd t l vote, five dyes. Mdr dy=-r %1;1i% sLctted the pet I t Ioner, Jerry Behme, 5700 Vdc1tibond Edna, his requd. Led this ippetil from the Hoare, of otiInq rutincl be defe•red until the November :, 1987 regular meo lnq. Bill Pribble, 173JO 19th Ave., stated, Mr. Myron, owner of Lhe pruperiy o the south, Is plarincl him [r d positlun of hdvtny to deverlup tits pruptarty to m.ixiolze Its value incl get. the rudd. 1hey do nut a[sh Lo develop Lhe property, bill dreg ,wire of the RESOLUTION NO. 87-644 WOOOCRE.E K ADD I r ION DRAINAGE I MwROVF MF N r PROX'C r 660 Item 7-N RESOLUTION NO. 87-669 GROWTH E'L.FMENT, CITY'S COMPHI HINSIVE; PLAN FOR CRALC tiCHERBFR ( 97059) Item ti -A• RI `SOLUI ION N0, 87-670 ME ADOWS OF BASS LAKE CRAIG SCHE RHE H ( 97059 ) Item 8-A• RESOLUTION NO. 87-671 i ON I NG LAND N l NEV l' W LANE & SCHMIDT LAKE RU yi059) Item 9-A• ORDINANCE N0. 87 -?-A Z16f PINEVIEW LANF & SCHM 1 D T LAKE ROAD Item 8-A' RESOLUTION N0. 67-612 917 PLAN & :Ir Hf GIN DEV., BERKSHIRE Off 1Cf PARI: ( 47098 ) Item S -H* BOARD Of ZONING APNE Al. JERRY tie HMF Item 9-C JOANN PHIHBLF PErlflON 84097) Item 9-U October 19, 1987 Page a 1d fact that It will have to be developed to get their return. At the present time they have had at least eight developers ap- prod6. them but one In part.lcular has not been able to deal with the property owner to the south regarding a public road across his envelopment. he hes not accepted an offer on the property. Becaese there is no public dCCess except through another sub- division, their property has lost value. It is his opinion that the :ity has the ruthority to deal with his wife's request to estdbl ish a public cartwal.. He sr ld, in l ie« of thdi. , the reso- lution should be amended tj state that the City will obtain the necessary right-of-way for a public way through eminent domain. He disagreed with the City Attorney's opinion and explained why. Mayor Schneider stated the problem is the cost of ubtalntng the property and asked If he would pay for It. Mr. Pribble answered that the cost should be paid by the City if It is obtained throi,19h em.lnant domain. Attorney Thomson stated the Counc tion ds requested because It cool cll decided to and directed the effective tonight. The cost of platting is typically borne by City Cdn r, --quire the developer type of cost could be assessed to Al shouldn't amend the resolu- d he Interpreted that the Coun- conde®ndtlon of the property eminant domain at the time of the dequlring entity; but the to do certain things and 01.a the appilCant. Mayor Schneider asked why Mr. Pribble believed the City would benefit by the rode:.. Mr. Prlbble answered that the property would then go on the tax rolls. He added he hasn't yet seen the agreement which %Po - vides for mdlntendnce of Outlet A. MOTION was made by Councilmember Sisk, seconded by Counclipem- ber Crain, to adopt RESOLUTION NO. 87-674 DENYINC PETITION TO ESTABLISH PUK IC CARTWAY ACROSS OAKDALE WEST THIRD ADDITION 84097). Councilmembe: Sisk :itdted he dppreclates Mr. Prtbble'S stand but doesn't see where the City is hindering the development of his property. hoe road rigb, -of-way Is acquired now Is d matter of negot tat tori between Mr. Pribble doid Mr. Miron. Motlon cdrrled on a Rol. Call vote, four ayes. Councllmember Vdsltlou voted nay. Jack bodrmdn, architect for Fire Station 3, showed the overall site Plann and floor plans of the station, They will present the color and materlil selection later but expect it to be metal, masonry, and glass. They are now asking permission to move on to flndl development plans, RESOLUTIOP kr . 8o7-674 DENVING PC 't rm rw, PU6l X CAR T IAY, JOANN PR I8%3L F ( 8409 7 ) Item 8-D FIRE STATION 3 SCHEMATIC PLANS Item S -E Regular Council Meeting October 19, 1987 Page 313 Councllmember Vasiliou asked if the firefighters have commented Son the plan. Mr. 80arman answered that this project has undergone two plan submissions, five or six site plan layouts, and various floor plan revision changes. Submissions were made to the fire department along with input from the fire chief and director of public safety. This will continue through develo rnent. They are looking for long term stability in their choice of colors. Councllmember Sisk asked about 33rd Ave. and stated he doesn't know if creating a new road is necessary for accessibility. Manager Willis answered that 33rd Ave. probably will tt Instal- led before Medina Road as the right-nf-way north of tine station Is not owned by the City. The land the Cit) has iii the area contemplates 33rd Ave. Councllmember Sisk asked if the bond referendum included the cost for a street. Mdndger Willis answered that it did not but, if a street is Installed, the property will be assessed for it. Mr. Hoarmdn stated they need the loop effect which can be obtd_lned In several different ways. At this time all they need Is approval of the part of the project they are in charge of, the building pldns. MOTION was made by Councllmember Zitur, seconded by Councllmem- ber Vasiliou, to adopt RESOLUTION NO. 87-675 APPROVAL OF FIRE STATION 3 SCHEMATIC PLANS AND AUTHORIZING FINAL PLANS TO HE DEVELOPED BY ARCHITECT. Councllmember .-tisk stated his concern is that the plans do not dictate the road. Councllmember Crain agreed but stated he believes there is suf- ficlent flexibility to provide service to the facility dnd doesn't have to be approved at this point. Mr. Hoarman st.dted the, building should have dr; impact on the rodd but not decide it becduse of the need for vehicle decess to L' - site. Motlon car.rled on d Roll Cali vote, five dyes. Edwerd D. Svete, 5330 Vicksburg Ldne, explained what he's been trying to do with his property; excavate between 139 dnd 200 cubic yards of material from a pored on his property which is in an FRO District. He has permission from the Soo Line Railroad to undertake the project as lung ds he doesn't disturb the drairndge and he obtains their prior approval. He was told by City staff that d contour map was required, but. d cuntour survey RESOLUTION N0. 87-675 FIRE STATION 3 SCHEMATIC PLANS Item 8-E WAIVER OF EROSION & SILTATION CONTROL POI ICY Item 8-F Regular Council Meeting October 19, 1987 Page j 14 for the eastern portion of his property would cost between 1,000 and $1,500 according to d private land surveyor. He also objects to the $2,000 bond requirement fol a simple $1,200 pro- ject. He understands the need for an ordinance and policy but they should fit the circumstances and staff needs to have the discretion to waive provisions. A, cash deposit equivalent to the cost of the project is not reasonal.!e. Counei.lmember Vaslllou agreed and :toted some common sense is needed. She doesn't support the staff recommendation to enforce the ordinance literally and doesn't believe a $1,000 project re- quires a financial guarantee. Counclimembee Crain stated his concern is that, if the project Is not done right and creates a drainage problem, It will cost the City to repair the work. Counc Umember Sisk asked if there were some modification that would give the staff more latitude to take care of the average citizen In cases such as this. Mandger Willis stated that when rules are established there has to be a th••eshhold. The current Council policy doesn't give the staff any latitude. The Council could amend Its threshhold, en- force the policy, or give stiff power to waive the rules. Utrector Moore stated there are two distinct regulations this relates to, the building code and the erosion policy. There are other .Instances around the City where residents want to fill In wetlands that, are protected. He believes the permit process is good as It brings out the other agencies that have to be dealt with. There is very little additional work that would need to be done by Mr. Svet.c to obt•dln a permit. Councllmember Sisk stated sometimes an individual resident gets ciiught up Ln the rules and regulations made to protect the rest of the City. He doesn't want to see the City scup Its ordl- ndnee and policy, but he would like to see d solution worked out to help this individual. Councilmember Crain would like to see the permit process modi- fied with regard to the deposit required for small projects according their scalp. Attorney Thomson suggested Lhe policy In this case. The permit Council waive a portion of the should still be required. Councilmember Sisk asked how the Individual cdn be made respon- sible for any correction work the City may have to undertake. Attorney Thomson answered the Individual Is always responsible. By wdiving all or d portion of the requirement, the City doesn't give up the right to go dfLer the lndlvinkidl. I Regular Council Meeting October 19, 1987 Page 315 MOTION was made by Councllmember Craln, seconded by Councilmem- ber Zitur, waiving the erosion and siltation policy for Mr. Svetc for his project under condition that he receives, In writ- ing, a letter of approval from the neighboring land owner If he continues to elect to place fill on their property, maintatnlnq the $38 permit fee, that the topographical map be updated, and valving the bonding requirement. Mr. Svetc stated, beca:ise of the time Involved In getting writ- ten permission from the Soo Line, he would move the fill onto his own property. Motion carried, five ayes. MOTION was made by Councllmember Zitur, seconded by Councllmem- ber Sisk, to adopt RESOLUTION P10. 87-676 AUTHORIZING REDUCTION OF SITE PERFORMANCE. GUARANTEE FOR BEGIN CONSTRUCTION FOR COTTON- WOOD PLAZA (86124) to $266,000. Motion carried on d Roll Call vote, five ayes. MOTION was made by Courncilmember Zttur, seconded by Councllmem- ber Sisk, to adopt RESOLUTION N0, 87-677 AUTHOPIZING REDUCTION OF SITE PLRFORMANCE GUARANILL FOR ERIN PROPERTtLS (87024) to 3,800. Motion carried on a Roll Call vote, five ayes. NOTION was made by Councllmember Zitur, seconded by Councilmem- uer Sisk, to adopt RESOLUTION NO. 87-678 AUTHORIZING REDUCTION OF SITE. PERFORMANCE GUARANTEE. FOR 3OHN LAVANDER FOR PARKERS LAKE BUSINESS CENTER (8616) to $6,0009 Motion carried on a Rnll Ca;l vote, five ayes. MO TION was made by Counc l lmf ml:%e r Z l tor, seconded by Counc l lmem- ber Sisk, to adopt RESOLUTION f1O. 87-679 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE F1R JOE HAMM FOR HAMM-BERG ADDI- TION (85102) to S12,200. Motion carried on a Roll Call vote:, five ayes. MOTION wds made by Councllmember Zltur, seconded by Councllmem- ber Sisk, to adopt RESOLUTION NO. 87-6140 AUTHORIZING RELEASE OF SITE PLRFORMANCE GUARANTLE FOR JhMES PETERSON FOR WILLOWHAVEN NORTH (86033). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Zitur, seconded by Counctlme tu- ber Sisk, to ddopt RESOLUTION NO, 87-681 AUTHORIZING RFLFASF OF SITE PERFORMANCE GUARANTEE FOR ST. PHILIP THE. DEACON LUTHERAN CHURCH (86071). Motion carried on d Roll Cell vote, five ayes. RESOLUTION N0, 87-676 BEGIN CONSTRUCTION COTTONWOOD PLAZA 96124) Item 8-C-10 RESOLUTION N0. 87-677 BOND REDUCTION - - ERIN PROPENt IF S 87024 ) Item 8-C-20 RESOLUTION N0. 87-678 PARKERS LAKE BUSINESS CENTER, JOHN LAVANDER 86126) Item 8-C-3* RESOLUTION N0. 87-679 BOND REDUCTION HAMM-BERG ADDITION JOE HAMM ( 8 5102 ) Item 8-G-44 RESOLUTION N0, 87-680 Bonn flnmr WILLOWHAVEN NORTH JAMES PETERSON (86033) Item 8-H-1* RESOLUTION N0. 87-681 ST. PHILIP THE DEACON LUTHERAN CHURCH 86071) Item 8-H-2• Regular Councli Meeting October 19, 1987 Page 316 isMOTION wds made by CounciLmember Zitur, seconded by Counclimem- ber Sisk, to adopt NLSOLUfION NO. 87-68/ AUTHORTZNC RFLEASk O! SITL PLRFORMANCF CUARANTLk. FOR CRAWFORD-MERZ CONSTRUCTION FOR Li 6,LR COMPANY (85104). Mot lore cdrrled on d Roll Cdl l vote, f Ive dy-es. MOTION wds made by CounciLmember lttur, seconded by Counr_limem- ber Sisk, to adopt RESOLUTLON NO. 87-683 AUTHORIIINC RELEASE OF SITL PLRFORMANCE CUARANTEE FOR NEDCAARD CONSTRUCTION COMPANY FOR ALJON TOOL (87052). Mot Ion carr led Oil d Roil. Call vote, five dyes. Director Carlqulst stdted that representatives were present from the Luverne F Ire Apparatus Compdny, from Genesi Sdfety Equip- ment Corpordt Lon, which is the low bidder, ns well as officers from the tire depdrtment. Ldst week some Councilmembers were eunceneed LhcjL the bids were Isolated to one type of truce. Thew orlylnsil speclflc<itloees called for d specifle type of truck chdssis to match the present trucks. Cenerdl Safety bid three: different chdss i s Mid the fire dep<er tment recommended Lhe luw Diel of the three. The Wdterous pump would be: tut advantdye beeduse It is d local mdreufdc:turer. The firefighters believe: It is relldble; dred should hive been called for in the specs. The .0.1 bolt con- structlon is requlrLd for the W111teridriie of the trucks. With bolted construction there is some movement which relieves stress on the equipment. The City Attorney assured him that these were Le gILLmdtt: re.dsons to Include them In the specs. Cuuiiei lmember Sisk ,asked how nwich ldt itude was glven to the bid - tiers. Director C•er lqu isL diiswered Lhdt the bid specs specified they truck types. Loriiey Thomson hicider who wbante;d so; it w.is Lha I r Ltj he lit the; hr%L exceptlues. stated Lhe specs Ire this to submit an e%ceptlon to alterndt Ive. The City coue lnte ,reSL of the CI -Ly with Cd St; sald LhdL alny the specs could do du whdt It believes rf.gdrd to acceptinq Courec;llme;mber Vdsl l tou asked why the low bidder was asked to commeiiL on Luverne's letter. Uirect.ur Cdrlquist. enswere-d that he shared all the litfurmatloo with dll the bidders to yet is much lo formatlon as I)osslhle. Ben Whitney, dLLortivy fur Luve:riie, stoLed he believes they hid- c hiq process was f ldwed be;cd ise the spates were so L lyht ly drdwn Lhdt oily ones mcenufdcturt.r was abbe to meat them which ".is a v loldt;un of state law. They pump is manuNc.•Lured by only one MlnnesuLd i)OMPdny . Laverne offers a Hd le- primp wh lc.•h meets the NFNA re;quirt-meretzi cii-d Is ldentLed I. They all belted body RESOLUTION N0, 87-682 UUNU NE_I.EASE. CRAWFORD-MER/ CONST. LEMER COMPANY (9s m) Item A -H- 36 RESOLUTION N0, 87-683 BOND RELVASF- NEDCAARD CONSTRUCTLON ALJON TOOL ( 8705 ) Item 9-H-4• F INF. APPARATUS Item 8-1-1 Regular Council Meeting October 19, 1987 Page 317 construction is also only offered by one mdnufacturer; the body 40 types ere equivalent. Luverne can provide functtondILy equLva- tent equipment but not the ldenticdl equipment. The effect of tspse closed specs is to eliminate other manufacturers. Of all the manufacturers, only two bids were received and one wasn't close to the specs. The tightness of the specs eliminated com.- petitive bidding. They are asking for the ability to compete and asked the City to sewelte the specs and reopen the bidding. Luverne didn't submlt a bid because they didn't believe they could meet the specs. Only nine days were allowed to bid when other cities dhow 30-45 days. I 0 Steve Heed , vice president of Luverne, stated the specs were vague, owever, they also slated that If the bid didn't comply, they would be thrown out. Paul Teeuwen, sales mdIdger for Luverne, stated they were work - ng on the bid until the last day when they realized they couldn't comply, so they submitted a letter of protest. Uirector Carlqu.lst stated that, on October 13, he talked to Mr. Teeuwen who told him that their bid wds completely done but they decided not to turn It ln. Attorney Thomson ;Mated thoz the specs do nut state that, if the bids don't comply, they will be throws% out. The specs do state that the bidder can submit exceptions. Mr. hitney pointed out a part of the specs which stated that no exceptions would be permitted. Attorney Thomson agreed that this point vias only raised since the last Council meeting. Councllmember Crain asked why the specs were ford particul.ir type of water tank. Chuck Schdrldu, firefighter, stated specs for this truck were worked out a out three years ago as a Joint effort among 25 fire departments. When they were originally put out, eleven compdn- les bid. The water talik is bolted to give and not rupture because of stress. Mdyur Schneider pointed ooL that, In 1983, the truck cost was 126,000 dnd toddy It is $127,000 so he doesn't believe the City is being overcharged. Attorney Thomson commented that stare caruwt be asked for if this ellminates an be done, however, if a valid redsor certain performance: level and there a than one bidders law says a spec product competitive bidding. It is that the City wdnts a opportunitles for more Regular Council (feet Ing October 19, 1987 Page 318 Counctlmember Crain asked if the 198) bit! Included specs for d Waterous pump and bolted construction. Mr. Scharlau answered that the type of seat ads specified and the only manufacturer was Wdterous. Loverne bid on this In 19834 Mr. Teeuwen asked If the ftre department operates two types of pumps now. Mr. Scharlau answered tndt they have three types of pumps which he works on. Thu job of malntendnce would be easter and faster If there were only one type. Brad Johnso.i stated It is his urederstandtng that Waterous all only sel another cc,mpany which can gl drantee proper blsta l- ldtion of the pump. Councllmember Vasiltou stated It is Important that the fire depdrtmw:nt have some latitude In the choice of ego ipment and It Is appropriate that all guidelines be as they arc. She Is con- cerned with other aspects of the bidding process and believes, the City errored In Its presentation of specs and doesn't believe the complaints of Luverne should have been sent to Cenerdl Safety, MOTION was made by Councllmember 11tur, seconded by Councllmem- bar Sisk, to adopt HLSOLUIION NO. 87-684 AWARDING DID FOR PUR- CHASt, OF TWO 1250 CPM PUMPERS AW ONE 1500 CALLON PUMPER, ALTER- NATL NUMBER 1 WITH TRADE IN to General Safety Equipment Corpora- tion In the amount of $345,570. Councllmember Sisk stated the fire depdrtment needs this quality and the City Attorney ogres the City is Oil legal ground and the price is acceptable. He f,%%:;,, cumfortdble that the City would be yet t Ing the best vd lue .ti.-' 'as no problem with voting for this resolution. Motlon carried on d Roll Cdlt vote, five ayes. Uirector Blank stated the architect Is working on why the bids were so h'gh and feels he hds been able to Identify shout five areas witch were dlffertnt. Barb Edwards, Chair of NRAC, stdted PRAC recominends to reject e s 77 explore .tlterndtives, which !s what they are In the process of doing. MOTION was made by Councllmember Crain, seconded by Councllmem- ber Vdslllou, to adopt RLSOLUIION NU. 87-685 HF7LCTING HIUS F014 THL PARKEHS LAKL PAVILION. 0 Mot toil carr led on d Holl C<tll vote, five ayes. RESOLUTION N0. 87.664 AWARD OF BID F141 APPARATUS Item 8-1-1 PARKERS LAKE PAVILION Item 8-1-? RESOLUTION N0, 87-685 PARKER i LAKE PAV I I ION Item 8-1-2 is 0 Regular Council Meeting October 19, 1987 Page 119 MOT 014 oas made, by Counc l lmember Z l tsar, seconded by Counc L ImPm- bet Sisk, to adupt RF SOLUT ION NO. 47-686 REVISING DF VE LOPME NT CONTRACT i JR TYRELL F IF Tii ADD111:nN ( 570?y) e Motion carr led on a Roll Call vote, five ayes. MOTION was made by CouneLlmember 11tur, seconded by Councilmem- ber S.Isk. V adopt RLSOLUT:ON NO 57-687 ORDERING PUBLIC NEARING ON T HL• PHOPOSLU VACATION OF DRA I NAGE AND UTILITY E ASE. MF N T S AND DRAINAGE EASEMENfS FOR PONDING PURPOSTS, OUILUTS "F" AND "I", PAHKEHS LAKE. NORTH 2ND ADDITION. Motion carr led on a Roll CdII vote:, five ayes. MOTION wds made by Counc l imembe: r Mur, fur, seconded by Counc 1 lmem- ber Sisk, to adopt RLSOLUTION NO. 91-688 APPROVING PLANS AND SI'LCIF ICAf IUNS AND ORDERING ADVERTISEMENT FUit BIDS, r4SS LAKF PLAZA AHLA/HAHH(SON MILLS UTILITY IMPHOVE.MINIS, CITY PROJECT NO. 01 1-001 /6 3U . Mut lop c,,rr led on .i Roll Cd l 1 vote, five ayes. MOTION w.is aktdc by Coupe l lmelmbe:r l i tur, seconded by Lounc 1 lmem- ber S sk, to ddupt HLSULUT!ON N0, 87-689 APPROVING PLANS AND SPLC lF ICAI IUNS AND UHULH LNG AU1oEli T ISE ME NT VUR BIDS, CARLSON C114- IlH i LGHTH AUDITION, SfHLF 1 AND UTILI Y IM1)hVv1MlNTS, CITY PRO - JLC T NU. 751. Motion earr iced oi d Holl Call vote, five ayes. MOT IUN ads mddi- by Counc l lmrmber L l t u. , secund,6.1 by Counc l lmem- be:r Sisk, to ddopt RLSOLUfION NO. 67-690 APPROVING PLANS AND SPE C IF ICAI IONS A?;D ONUE R ING ADVEH f ISt.MLNT FOIL BIDS, F LHNBROOK WO US AUU l T ION, S THE E I AND UTILITY i 1 ovt ME N f 5, CITY PRU Ji C f NU. 720. Mut ion edrrleu un d Itol t Ca 1 l vote, five ayes. MOT IUPI wd5 made by Councilmemijer Zitur, seconded by Counctlmwm-- be:r Sisk, to adopt RLSULU1ION NO. y0-691 RECE IVINC REPORT AND CALLING FUR HEAHINC ON STHkF T LIGHTING IMPHOVE'ME NIS, JAMS S TOWN AUUITIUN tur November 16, 1987 dt 7:30 p.m. Motion cdrrlk;d un a ROIL Cell vete, five d% -es. MUfIJN ods made by Counc:ilmembOcr /ltur, seconded by Couttellmem- ber Sl sk, to adopt RESOLUTION NO. 47-692 RE CE MNG RL POH T AND CALLING FOH HEARING ON STHFt.i LI.CHTlNG IMPHOVLMLNfS, DE'VHli S ?ND AUDITIUN fur November 16, 1987 d 7:iU p.m, Matloi1 carried un d Roll Cdll vote, five dyes. RESOLUTION N0. 87-686 M3 . CONTRACT, TYRELL STM ADDITION Item H -J' RESOLUTION NO. 87-697 F ASCMF.N1 VACAT ION PARKERS LAKE NORTH 2ND ADDITION Iter% 8-K» RESOLUTION N0, 97-688 HASS LAKE PLA: A/ HARRISON HILLS PROJE C F 011-001/630 Item S -L- 10 RESOLUTION N0. 87-o=19 ORDERIFIC 3105 CARLSON CI wt H 1 IGH IH ADDITION PROJECT 751 Item 8-L-20 RESOLUTION N0, 87-690 ORDFRING BIDS FENNBROOK WOODS AUDN, PROJECT 720 Item A -L -J* RESOLUTION N0, 87-691 SIM E T L ICHT ING JAMf S TOWN ADDITION Item R -M- la HLSOLUTION N0, 87-692 ORDERRIC RrARINC STHE E T LIGHTING DF VR I F S 2ND ADDITION item S -M-?• RegULdF <ouncLA neeLtnq October 19, 1987 Pdge 320 MOTION wds m.tde by Count., I iffo mbf: r L l tur, seconded by Counc l lmem- ber Sisk, to dclopl RLSCLJTION N0, 67-69) Ri- vatic RE.PoRT AND 010.RINC PROJLC f , SIRLE T L l ;HT INC, PI;:ASANT TRAILS A00I 1 ION. r U 0 Motion carr ted on .% Roll Cc, l l vote, five: dyes. MOTION wds mdde by Counc I Imiembe;r l I tur, seconded by Counc I lmem- her Sisk, to ddopt RLSOLUT ION NO. 87-694 RE CF IVINC How AND ORULRINC PRUJE.CT, STRE1I LIC•H1'L4C, HERITACI- RIDGI ADOITION. Mutlon edrrled on d Roll Cdlt voter, five ayes. MUT IUN wag mdde by Counc l lmember l i tur, seconded by Counc l lmem- ber S!sk, e.o (idopt 10,SOLUTION NO. S7-695 REOUCINC DUVELOPMENT BOND, LAKE CAMELOT LSIATE.S A00tram (95114) to 5594,142. Mot Ion carr lt•.d w a Roll Cell vote, five ayes. MOIION was aidde by Counc L lmebmber L 1 tur, secunded by Couno l lw.m.- berr Sisk, to adopt RE.SOLUT ION NO. K7-696 RLOUI ING 1°)I VI LOPME NT BOND, WRI OW HAVI N NORTH ADDITION (5603)) to $69W, Mol Lon carried urs a Roll Cd 1 l vola, five. ayes. MUT IUN was m.ide b) Counc t lmember l i !-jr. seconded by Cmint- l Imem- tier Sisk, lu ddopt Rk,SOLUTIUN N0, 41-,697 RIOUCINC UiVELUPMENT HUNU, SLLVERTHURNE ?ND AUDITION (96U?S) to $4,121.0. Mot lnel carried on d Roll Ca l t vote-, five ayera. MUTIUN was made bN Councilmembcr Mur, secoe ded by Councllmem- her Sioik, to adopt RLSOLUIIUN NO. S7-698 REDUCING I)MLOPMENI BUND, SLIVI..RIHUM A1.10MUN (92052) to S:7, 104 prtvdte dnd 3,89? uei public lmpruvemti ts. Mot lull carried urs a Roll Cell vote, five ayes. MOIION was mdde b) Counc; l lmember lltur, seewded by COUIW I L' :.m ber Slsk, to ddopt RLSOLUI LUN NO. 87-699 RLUUCINC DIVE l.0 alt (!T HUHU, WOOULANUS 2NU ADU' i ION ( 86059) to $1, 4 40 Private and $4 14 oii public intpruveomboil s . Mutlo+ carr Led un d Roll Cdll vote, five ayes. MOI IUN was mdde by Counc l lmember 14'U.117, seconded by Coune t lmem- her Sisk, to ddopt RLSOLUI IUM HO. 47-700 REDUCING UI Vi LUPME NI HONU, T l MBI R TUN ADDITION (8 3054) to $441. Motion atrr led on a Ro l t Cd l l rott•, five ayes. RESOLUTION N0, 97-69) ONN-RMIC, SIR['! T LIGHT INC, MR-ASANT !RAILS AUON. Itrm A -N- 1• RES01 UT ION N0, 8'-694 S IRE i I L [CHI INC HE. R l T AG:' R EDCF AnDN . Item 8-N-20 RESOLUTION N0. a7-695 BOND RMUCrMff" LAKE CAMELOT E STATE 85114) Item 8-0-11 tESOLUT ION N0. 87-696 Ma WILLOW HAVEN NORTH ADON. (8(J))) Item 8-0-?+ RISOLUTION NO. 87-697 BOND REDUCTION SILVERTHORNE 2ND ADON. 86025) Item 8-0-3* RESOLUTION N0, 87-679 SILVrRTHORNE AUDITION 9?052) Item 9-0-4+ RESOLUTION N0. 87-699 BOND REDUCTION WOODLANDS 2ND AVON. 86059) Item 8-0-5• RESOLUTION NO, 87-700 BOND REDUCTTON T l MEII' R TON ADDITION 8i0S4) Item 8-0-60 Requldr Council Meet lriq October 19, 1987 PdYe )21 MOr ION wds mdde b, Counc l (member I i tur, secondee) by Cosine i Imem- bt•r Sisk, to adopt RLSOLUrION NO. 87-701 AUrNORi1INt, CONDEMNA- T IUN PROCt t.UI11CS, PROXC 1 NO. 7629 STORM WArt H POND FIC -p12, CUIIUNWOOU PLATA AUUIrION. CI Mk)tlon carried un its Roll Cell vote, five ciyr.s. MOTION was made by CouncllmG•mbr.r llt.ir, seconded by C(Xi 11cllmem- be:•r Sisk, to adopt RF 5OLU1 IUN NU. 87-7U2 CALLINC t OH LOCATION/ Ut_S I GH PUBL l C Hk AR I NC COUNTY ROAD 6/1-494 l N r t HCHANCF , PR(; JF C r NO. 250 fur November 2), 1997 it 7 : i0 p.m. Motion carried un a Roll Call vote, f l+ a dye's. MOTION was made by Counc I )member 1 I tur, seconded by Counc I )mem- ber Sisk, to adopt RESOLUTION NO. S7-70) OHDERINC PUBLIC HIAHINC UN ret PHOPOSt I) VACAI ION OF rHAIL F ASUMF_NrS • CARL SON CF NIE H F lF TH AQUIIIUN, LOIS I IHHOUCH 4, BLOCK 1 for November 16, 1747 at 7:fU p.m. Mot Tun carr lead un a Re t l Ca l l votr, f Ive ayes. MOT TUN was mads- by Cuunel lmembrr 11 tor, seconded by Counc•t Imem- he•r Sisk, to adopt HI S111.UHUN NO. 41-704 AUTHOHIIING ;HF i XtCU- T l oN OF 11t GRAN!" ACHE t ME.N r WIIH II -It Mt r HUPOL l r Ak1 Rt. G I ONAL AH 1 b COUNC I L. MuLlun edrrtrstl on a Roll «ll vote, f've .eyes. MOHON w4s made by Councl (member Thur, seewided by Counci Imem- be,r Sisk, to adopt Ht.SO UT IUN NO. 87-705 Aurl-10' 11 INC F YF t NUI 11IRt FOR V01111C EQUIPMtNT In th(t dmauit of 5)7,2110. Modus, c.jrrIed un a Hull Cal I o: •_, i lve dyes. Cuutictlmr mber Crain gtdted he• risked frum the csunsent agendd because he verbal ly . He th liiks the Iticrea,,e ipprupr late. thtit this lte!m be removed be l leves it shut, ld he dung is well er.irned and totally MUr IUN wag made by Counc l )member Cr.i l n, secuo •d by Counc 1 lmem- be:r Sisk, Lu adopt OHDINANCt NO. S7419 t SrArL L-iHI-1(j rHl SALAHIt S OF MAYOR AND CITY COUNC LL. BY AMI NU ING SUbt) l V l S I . `dS 1 AND 2 OF SUHSF C e l ON 20.01 OF rHt PL YMOU r H C 1 r Y cow. WL lost cdrr lead un a Rol l Ca l l vote, f 1%e dN -s , Discussion was held on the recummeli(;ed r1t,•Ldnee of 750 ft, from schools, churches, and rrsldent Lei areas acid the l ive wisIc pru- hlblLlun In shoppinq centers and office eomplexes. Couiwitmember Crain st.itetl the 750 ft. shOcild dpply to .ill 1hre., types of l lcensci. RESOLUTION NO, 87-701 C()NDFPIN AT ION PROCt' F D I NGS CO r T ONWOUD PLAZA, PRUOt C r 76? Item %-P• RE -SOLUTION NO. 87-702 C.H. 6/1-494 INTFR- CHANCt , PROS. 250 Item 8-Q* RESOLUTION NO, 87-70! TRAIL FASF WHI VACATION, CARLSON CF NrF H F LF rH ADDN. Item H -R* RESOLUTION NO, 87-704 CRWT ACP 11T Mt FROVOt I TAN Rt G 101AL AR r S COUNCIL I t Nm A -S» RESOLUTION NO, 87-70S t xIjLNUl IURk , VUT 111C tQUIPMFNT Item S -r- 1• ORDINANCE NO, 81 -?9 AND C l r Y COUNCIL Item 8-T-? ON-SALt L IQUOR IN SHOPPINC CF NIL HS I tem 8 -U SU-dg w unc he ng Getober 19, 1987 Page l22 Mayor Schneider asked if the 750 ft. was from the structure sr from the prN erty line. Manager Willis stated It should be from the building because of the site of some sites. 11 Councllmember Crain stated It should be from p aperty line to property line. Attorney Thomson stated redsures can be applied If It Is within the 750 ft. Renewal of the existing liquor licenses would be appl led agdir st the :.-4lr ance In effect at renewal time but the Council could decide each ovoe Individually. Mdi.dger Willis stated one of the requirements could be enforced if there wd3 a specific problem but the Council wou d orobdbly not want to cut off an existing license. MOTION was made by Councllmember Sisk, seconded by Councllmember Vdslllou, directing stdff to draft the necessary pollcy changes. Not ion carr led, f lve dyes, Councllmemher Vaglliou dske:d if future requests from homeowners dssuc itit lusts w uld have to c yree to work with Dr. Cooper or could they simply use the money to round up tl,e geese them- selves. 4dndger Willis stated this is e%pected to be d working relatlon- shlp with Dr. Cooper to make the program successful. At the present time Dr. Cooper is the orlly one licensed by the Depart- ment of Ndtural Resources to trap geese. Councllmember Sisk asked if this policy could be modified to In- clude any athers who might, In the future, be licensed to under- take the proyrdm. Mdnayer Willis pointed out that this Is an experimental Crdin, proyrdm and will be reviewed by the Council dt budget time next year. Director Cdrlquls: stated three public properties have been stent f Led a l ready : Pdrkers Lake, Idchdry p lay f le l d, and the east badch. MOTION was mode by Councllmembe:r Sisk, seconded by Councilmember Crdin, to adapt the draft policy. Motion Vdrrled, five dyes. MOTION wds made by Counetlmember Lltur, seconded by Councllmem- ber Sisk, to ddupt RESOLUTION NO. 87-706 DESIGNATING DIRECTOR AND ALIERNATE l)MCNIN TO THE MINNESOTA POLICE RECRUITMENT SYSFLM (MPRS) to be Chief of' Police and Police Lieutenant respectively, DRAFT POLICY ON CA -FSE TRANSLOCATION Item 8-V RESOLUTION N0. 87-706 RECRUITMENT SYSrum Item 8-W-* Requldr Council Meeting October 19, 1987 Pdge 323 Notion carried on d Roll Call vote, five ayes. REPORTS Of OFFICERS, HOARDS AND COMMISSIONS MOTION was made by Couneltmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-707 AUTHORIZING SUBMISSION OF CITY OF PLYMOUTH GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN CW9TTY COMMUNITY OEVELOPIIENT BLOCK GRANT APPLICATION FOR Ypr,AR XII6 Mottai carr led on d Roll Cd l l vote, five ayes. NOTION was made by Counc l lmeaiber Z t tur, seconded by Counc l lmem- ber Sisk, to adopt RESOLUT1014 NO. 87-708 AUTHORIZING SUBMISSION OF CITY OF PLYMOUIN GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT HLOCK GRANT APPLICATION FOR YEAR X1ll. Motion c<irr led on d Roll Cil l vote, five ayes. MOTION wdg made by Councilmember Sisk, seconded by Councllmem- ber Vdsillou, to adopt RESOLUTION NO. 87-709 APPROVING IINAL PAYMENT 'TO MATT BULLOCK CONTRACTING in the amount of 61,8?5. Mot!on cdrrled on a Roll Call vote, five ayes. MOTIUN was mdde by Counclimembe, Zltur, seconded by Councllmem. ber Sisk, to adopt RESOLUTION NO. 87-710 APPROVING ,NTERFUND TRANSFLHS FOR VARIOUS PARK AND TRAIL PROJECTS, Motion cdrrled on d Roll Cdll vote, five ayes. MOTION wds made by Mdyor Schneider, seconded by Councllmember Vdslllou, to dppoint Ken Qudss as chdir of the Hoard of Zoning Adjustment dnd Appeals. Motion cdrr led, five dyes. MOTION was made by Counc l lmember Z l tur, seconded by Coude t lmem- btr Crdlti, to appoint Ken Anderson ds vice chdlr of the aodrd of Lon[ng Adjustment doid Appeals, Motion carr led, five lyes. Dlseusston followed on the dttenddnce record of one member. NOTION was made by Councllmember Sisk, seconded by Councllnember Crdin, directing the Mayor to talk with the member do(I #eport back to the Council. Motion carried, five dyes, IC RESOLUTION N0, 87-707 GRANT APPLICATION FOR YFAR X I I Item 9-A» RESOLUTICN N0, 87-708 GRANT APPLICATION i01R YEAR X111 Item 9-A• RESOLUTION N0. 87-709 rtalit PAYMENT MATT BULLOCK CONT. Item 9-B RESOLUTION N0. 87-710 Item 9 -Ce APPOINTMENT OF CHAIN 3 VICE CHAIR TO BON Item 9-D is 0 Octobe s Pdge 324 19, 1987 Councllmember 1;I3k requested that PRAC receive d copy of the survey for review. Mayor Schtwe Ldee suggested this not be comtpleted until two to three week?, after new C.N. 9 opens. The Council dgreed. Counc t ivemmer Vdsl. t lou stated the number of quest l ins to, et Fro. bleM ro- blem and she doesn't bel.leve this should be done (tow. She ques- ticned wording of questions reldting to the community censer, Plymradth on Pdrdde, dnd c4ible progrdmming. Councllmember Crdin suggested some. chdnges; the COuncl! dgreed. te also asked thdt the re!%pondent be told the survey will take between 15-20 minutes dt the beginning. MOTION wdS made by Coui cllmember Sisk, seconded by Counellmema- ber litur, to ddopt ORDINANCE 01G, 87-30 AMENDINC PLYMOUTH CITY CODE, SECTION 900 REGARDING I(ENNELS. N00011 cdrrl:,d v#1 d Roll Cdll vote, five d)es. The meet iog-40'eourned cit 11:40 p.m. APPROVING QUESTIONS RESIDENTIAL SURVEY Item 9-E ORDINANCE N0. 87-30 AMEMING CODE REGARDING KENNELS Item 9-1,