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HomeMy WebLinkAboutCity Council Minutes 04-02-1990MINUTES REGULAR COUNCIL MEETING April 29 1990 The meeting oregularin fg order by Deputy Mayor Chambers of the City April 2. 1990. PRESENT: Deputy Mayor Ricker, Zitur ABSENT: Mayor Bergman the Plymouth City Council was called to Vasiliou at 7:00 p.m. in the Council Center at 3400 Plymouth Boulevard on Vasiliou, Councilmembers Helliwell, STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Cmwnity Development Coordinator Ui l l erud, Park Director Blank, Finance Director Hahn, City A' torney Thomson, and City Clerk Rauenhorst PRESENTATION Deputy Mayor Vasiliou presented a $300 check to Mrs. William McGowan for winning the "That's Not Trash, It's Cash" recycling contest. Addresses were randomly selected for the April rec;pcIing contest. Deputy Mayor Vasiliou proclaimed the week of April 22-28 as Volunteer Recognition Week and presented Certificates of Appreciation to twenty Plymouth volunteers. CONSENT AGENDA Items 7-0 (Order Preliminary Engineerin Report for public improvements in Bass Creek Business ParkI and 7-R (Agreement for Preliimnary Design Alignment for County Road 9/County Road 24) were removed from the Consent Agenda, Recyclinq Item 4 -A Volunteew Appreciation Item 4-B MOTION was made by Councilmember Zitur, seconded by Consint Agenda Councilmember Helliwell, to approve the Consent Agenda as Item 5 amended. Motion carried on a roll call vote, four ayes. MINUTES MOTION was made by Councilnember Zitur, seconded by Minutes Councilmember Helliwell, to approve the minutes of the March 19 Item *6 Council meeting. Motion carried on a roll call vote, four ayes. 1 40 Regular Council Meeting April 2, 1990 Page 108 is PETITIONS, REQUESTS, AitgG COMMUNICATIONS Manager Willis recommended adoption of a resolution authorizing the execution of the contract for private development between the City and Ryan Construction Company of Minnesota, Inc., and Dayton-l+jdson Corporation. The agreement provides various guarantees to the City that the $1,350,000 Taxable General Obligation Bond Issue is repaid in a timely fashion, Pat Ryan, Ryan Construction, thanked the Council and staff for their work on this project. 140T I ON wa q made by Zouncilmember Zitur, to EXECUTION AND DELIVERY 7-1; RYAN CONSTRUCTION HUDSON CORPORATION), Councilmember Ricker, seconded by adopt RESOLUTION NO. 90-231 AUTHORIZING OF CONTRACT FOR PRIVATE DEVELOPMENT (TIF COMPANY OF MINNESOTA, INC, AND DAYTON Motion carried on a roll call vote, four ayes, Finance Director Hahn stated that ten bids were received for the sale of 11,350,000 General Obligation Taxable Tax Increment Bonds to assist in land write-down for the Rockford Road Plaza project. He reported that Moody's rated the issue Aa. He recommended award to the low bidder, Park Investment Corporation, at the low interest rate of 9.08 percent. MOTION was made by Deputy Mayor Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-232 AWARDING THE SALE OF $1,350,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1990; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT, Motion carried on a roll call vote, f)ur ayAs, MOTION was made by Councilmember Zitur, seconded by Deputy Mayor Vasiliou, to adopt RESOLUTION NO, 90-233 APPROVING MPUD FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR RYAN CONSTRUCTION OF MINNESOTA, INC. FOR ROCKFORD ROAD PLAZA (89014) (MPUD 84-2). Motion carried on a roll call vote, four ayes, MOTION was made by Councilmember Zitur, seconded by Deputy Mayor Vasiliou, to adopt RESOLUTION NO, 9U-234 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUU FINAL PLAT/PLAN FOR RYAN CONSTRUCTION OF MINNESOTA, INC. FOR ROCKFORO ROAD PLAZA 89014), 9 Notion carried on a roll call vute, four ayes. RESOLUTION NO, 90-231 FOR PRIVATE DEVELOPMENT WITH RYAN CONSTRUCTION AND DAYTON HUDSON CORP, Item 7-A RESOLUTION NO. 40-232 AWARDIRG SALE OF n - ?F. TAXABLE TAX INCREMENT BONDS, SERIES 1490 Item 7-B RESOLUTION NO, 90-233 PLAN/PLAT, DEVELOPMENT CONTRACT FOR ROCKFORD ROAD PLAZA (89OI41 Item 7-C RESOLUTION NO. 90-231 1TsTMM1IW T` BE MET PRIOR i .1 FILINI; A9014) Item 7-C Regular Council Meeting April 2. 1990 Pa ge 109 MOTION was made. by Councilmember Zitur, seconded by Deputy Mayor Vasiliou, to adopt RESOLUTION N0, 90-235 ADOPTING ASSESSMENTS, PROJECT NO. 030, SANITARY SEWER AND WHTERMAIN AREA - ROCKFORD ROAD PLAZA. Motion carried on a roll call vote, four ayes. MOTION was made by Cou,uilmember Zitur, seconded by Deputy Mayor Vasiliou, to adopt RESOLUTION NO. 90-236 APPROVING SUBDIVISION WAIVER FOR RYAN CONSTRICTION OF M?NNEWA. INC., FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF COUNTY ROAD 9 (ROCKFORn ROAD) AND INTERSTATE 494 (89014). Motion carried on a roll call vote, four ayes. NOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-237 APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR HOLIDAY STATIONSTORES, INC. (90013). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitir, seconded by Councilmember Helliwell, .o adopt RESOLUTION NO. 90-7.38 APPROVING FINAL PLAT FOR ONUS CORPORATION FOR "NATHAN 54 CENTER" 9JUU1). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO, 90-239 S.,iTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR OPUS CORPORATION FOR "NATHAN 54 CENTER'' (90001). Motion carried on a roll call vote, four ayes. Community Development Coordinator Dillerud oxplained the request o: Cenvesco, Inc., to amend the terms of the Development Contract for the Quail Ridge 4th Addition regarding the completion of site imurovements prior .o issuance of building permits for the 4th Addition. He stated that during research for the 4th Addition request, staff discovered the Development Contract for the Quail Ridge 3rd Addition contained a provision that a Site Improvement Performance Agreement and financial guarantee were to be submitted prior to issuance of building permits iii the 3rd Addition. Neither the Site Impro,ement Performance Agreement or the financial guarantee were Pver provided, and approximately 30 building permits have been issued for construction in Quail Ridge 3rd Addition since auproval of the final plat. The developer does nut agree with staff's interpretation relating to the 3rd addition. RESOLUTION NO. 90-235 ADOPTING ASSESSRENTS - PROJECT 030, ROCKFORD ROAD PLAZA Item 7-C RESOLUTION NO. 90-236 APPROVING SIJRDIV17M WAIVER FOR RYAN CONSTRUCTION (84014) Item 7-C RESOLUTI04 NO. 90 -?37 APPROVING I USE PERMIT .AMENDMENT FOR HOLIDAY STArInN- STORES (40013) Item *7-D RESOLUTION NO. 90-238 APPROVING t--L-AT FOR OPUS CORPORAT I`1N FOR NATHAN 54 CENTER 00001) Item *7-E RESOLUTION NO. 90-23q HE MET PRIOR TO FILING 90001) ItPm *7-F Regular Council Meeting April Z, 1990 Page 110 is Bary Persons, co -developer of Quail Ridge, stated it was his understanding that no Site Improvement Performance Agreement or financial guarantee was necessary with respect to the private improvements to the open space outlots. He stated the private improvements for the 3rd Addition will be completed by the end of April and that the withholding of permits in the 3rd Addition Is causing an economic hardship. Councilmember Ricker asked if misinterpretation of this Condition of the Development Contract could also occur relative to the 4th Addition and suggested that the language be amended for clarification of the Couiici 1's intent. Mr. Persons stated the language could be interpreted different ways. He requested that the Development Contract provision prohibiting issuance of building permits for the 4th Addition prior to installation of those site improvements be modified to only the seven lots of the 4th Addition that directly abut the private open space outlot. MOTION was made by Councilmember Zitur, to 14.11 of the Development as recommended by the ambiguity. Counc i 1 member Ricker, add the word "private" Contract for Quail Ridge City Attorney to remove Motion carried, four ayes. seconded by to Condition 4th Addition, any possible Councilmember Ricker asked when the private improvements for the 3rd and 4th Additions would be completed. Mr. Persons stated the 3rd Addition private improvements will be completed by the end of April, 1990, and the 4th Addition private improvements will be completed by August, 1990, Councilmember Ricker stated he will support the requested amendment based on the understanding with Mr. Persons that the 3rd and 4th Addition private improvements will be 1001 completed by the end of August, 1990. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION N0. 90-240 AMENDING CONDITIONS TO BE MET RELATED TO FINAL PLAT AND DEVELOPMENT CONTRALT FOR QUAIL RIDGE OF PLYMOUTH 4TH ADDITIOW (87134) AS APPROVED BY RESOLUTION NOS. 68-409 AND 88-410. Manager Willis explained this resolution would amend Condition No. 14.11 of the Development Contract to apply only to private site improvements, and amend Condition 14.12 to apply only to lots of tie Final Plat adjoining Outlot A. RESOLUTION NO, 90-240 AMENDING MMMM157o RE MET RELATING Tn F I NAI PLAT AND DEVELOPMENT CONTRACT FOR QUAIL RIDGE OF PLYMOUTH 4TH ADDN. 87134) Item 7-F Regular Council April 2, 1990 Page 111 Meeting Councilmcber dicker further explained that a formal Site Improvement Performance Agreement and financial guarantee would not be necessary for the 3rd Addition; based upon the petitioner's assurance that all private improvements in the 3rd Addition will be completed by the end of April, 1990. Notion carried on a roll call vote, four Ales. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION N0, 90-241 APPROVING NO PARKING SIGN INSTALLATION ON BLACK OAKS LANE, 4TH AVE. AND COMSTOCK LANE IN BIRCHWOOD ESTATES ADDIT'ON. Several residents in the audience indicated their support of the parking prohibition. Manager Willis explained the signs will read "No Parking, School Days, 8:00 a.m. to 2:00 p.m." Deputy Mayor Vasi 1 iou stated it is the responsibility of the schools to address narking problems. Existing parking does not appear to be adequate even at elementary schools. A resident stated Wayzata High School representatives were contacted regarding tics parking problem but were not willing to address the pro5lem, Motion carried on a rk.' 1 call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION N0. 90-242 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) FOR GREENWOOD ELEMENTARY SCHOOL (89041.9). Motion carried or, a roll call vote, fotir ayes. MOTION was made by Councilmeinber Zitur, seconded by Cou nc 1 1 membe r Helliwell, to adopt RESOLUTION NO. QU-243 AUTHORIZING RELEASE OF SITE PERFrRMANCE GUARANTEE FOR INDEPENDENT SCHOOL DISTRICT 294 (WAYZATA) FOR SUNSET HILL ELEMENTARY SCHOOL (8902U). Motion carried on a roll call vote, four ayes. 0 RESOLUTION N0, 90-241 Al' IN BIRCHWOOD ESTATES Item 7-G RESOLUTION N0, 90-242 RELEASE F'TNANCIAL GUARANTEE FOR GREENWOOD SCHOOL 8401q1 Item *r -H-1 RESOLUTION NO. 90-24:1_ RELEASE OF L GUARANTEE FOR SUNSET HILL ELEMENTARY SCHOOL 84020) Item *7-H-2 Is 0 Regular Council Meeting April 2, 1990 Page 112 MOTION was made oy Councilmember Zitur, seconded by RESOLUTION NO. 90-244 Councilmember IelIiwelI, to adopt RESOLUTION NO. %0'U- 244 REDUCTION OF FIRANL AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR GUARANTEE FOR WAYZATA INDEPENDENT SCHOEL DISTRICT 284 (WAYZATA) FOR WAYZATA SENIOR SENIOR HIGH SCHOOL HIGH (88069). (88069) ten *7-t Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO, 90-245 Councilmember Helliwell, to adoot RESULUT ION NO, 90-245 VMW71NGcoNSUCTM AUTHORIZING WORK AND RETENTION OF CONSULTANT RELATIVE Tn FOR h'EVISION OF ZONING REVISION OF ZONING ORDINANCE FLOOD PLAIN REGULATIONS, ORDINANCE FLOOD PLAIN REGULATIONS Motion carried on a roll call vote, four ayes. Item *7-J MOTION was made by Councilmember Zitur, seconded by RESOLITION NO, QO-246 Councilmember Helliwell, to adopt RESOLUTION NO, 90-246 XMMIZINC3 CMTMEYWT AUTHORIZING WORK AND RETENTION OF CONSULTANT RELATIVE TO FOR RI'VISION OF ZONINr, REVISION OF ZONING ORDINANCE SHORELAND KANAGEMENT REGULATIONS. r,ROINI-.NCE SHORELAND MANAG9MENT REGULATIONS Motion carried on a roll call vote, four ayes. Item *7-J MOTION was made by Councilmember Zitur, seconued by RESOLUTION NO, qO-241 Councilmember Helliwell, to adopt RESOLUTI04 NO. 90-247 AT)TM171N9GRAAT-'-""' AUTHORIZING SUBMITTAL OF REQUEST TO STATE DEPARTMENT OF NATURAL APPI.ICNTION FOR RESOURCES FOR PARTICIPATION IN SHORELAND MANAGEMENT REGULATIO'' SHORELANO MANAGEMENT MATCHING GRANT PROGRAM, REGULA"ION REVISIONS Item Motion carr?ed m a roll call vote, lour ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-24R Councilmember PwI l iwel 1, to i6opt RESOLUTION NO, 90-243 AWARDING XiMM, 015, PT1RIPi'i R,' BID, PUMPING FACILITY N0, 12, CITY PROJECT NO. 989, FACIi.ITY NO. 12, PRWECT +0. 900 Motion carrit 1 •in a roll all vote, four ayes. Item *7-K MOTION was made by Councilme.aber Zitjr, seconded h RESOLUTION NO. QO-244 Councilmember Helliwell, to idopt RESOLUTION NO, 90-249 15TH T51'R-A-V- 10E — AVENUE IMPROVEMENT AGREEMENT, CITY PROJECT NO. 945. IMPRO4EMENf AGREFMFNT PROJECT NO, Wi Motion carried on a roll call vete, four ayes. Item *7-L MOTION was made by Councilmember Zitur, seconded by RESnL 1TIOhl No. 90450 Councilmember Helliwell, to &.I( RESOLUTION NO, qO-250 REDUCING, T CnNTRArT DEVELOPMENT BOND, F I SCHERS P, ) I T I ON ( 89034) . BOND REDUCTION FOR F I SCHERS POND Allo I T I ON Motion carried on .1 call vvte, tour ayes. 8go)gl Item *7-M-1 Regular Council Meet- ng April 2, 1990 Page 113 16 MOTION was made ay Councilmember Zitur, seconded toy RESOLUTION NO. QO-251 Councilmember Helliwell, to adopt RESOLUTION NO, 90-251 REDIJCING DEVELOPMEW BOND, PONDEROSA WOOCS ADDITION (88139). BOND REDUCTION FOR PONDEROSA WOODS Motion carried on a ro'1 call vote, four ayes. ADDITION (98139) Item *7-M-2 MOTION teas made by Councilmember Zitur, seconded by RESOLUTION N0. (0-252 Councilmember Helliwell, to adopt RESOLUTION N0, 90-252 REDUCING OEVELOPMENT COWMXT- DEVELOOMENT BOND, PARKERS LAKE CORPORATE CENTER ?NO ADDITION BONO REDUCTION F.IR 88138), PARKERS LAKE CORPORATE CENTER ?NO ADDITION Motion carried on a roll call vote, four ayes. (811138) ltam *7-M-3 MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-251 Councilmember Helliwell, to adopt RESOLUTION NO. 90-253 j MURSING` DEVEMTR REIMBURSINU DEVELOPER FOR REQUIRED WATERMAIN CONSTRUCTION FOR REQUIRED WATERMAIN PARKERS LAKE CORPORATE CENTER 2N0 :ADDIT;ON (88138). CONSTRUCTION IN PARKERS LAKE CORPORATE Motion carried eel a roll call vote, four ayes, CENTER (88138) Item *7-N Councilmember Helliwell noted the difference in estimates received for er`Ineering services for public improvements in the proposed Basi reeek Business ParK, Bonestroo, Rosene, Anderlik and Associates suomitted a not to exceed figure of S35,500, and Strgar-Roscl,e-Fausch s4bmi tted a fig ire of $16,000, Director Moore stated that both firms were regje sted to submit a proposal based on the -;ame plan, and he is comfortable that all necessary work Is included in the proposals. MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO, 90-254 ouncilmember Zitur, to adopt RESOLUTION NO. 90-254 DECLARING 7R E AUEQIIACY OF PETITION AND ORDERING PREPARATION OF REPORT, BASS JRDE:RING PRELIMINARY CREEK BUSINESS PARK, STREET AND UTILITY IMP41)VEMENTS, CITY REPORT FOR BASS TREE K PROJECT NO. U080 with the condition that the total cost will not BUSINESS PARK be c,reater than $35,500, PROJECT NO, OUA I tem 7 -0 deputy Mayor Vasili®u stated she does not believe the firm submitting the low estimate is environmentally sensitive, and she will not support the firm for this pruject, Motion carried on a roll call vote, three ayes, Vasiliou nay, Counci 1 members rev i eaed Neighborhood Park Development Standee rds provided by Park Di r(c for Blank, Regular Council Meeting April 2, 1990 Page 114 Deputy Mayor Vasiliou states she does not think it is appropriate to have a "shopping 1 i a" of recreation facilities that will be found in all neighbork-cod parks, Each park is unique depending on the neighborhood, She suggested the terra Omay be found" be substituted for "will be found" so that there are no preconceived requirements for neighborhood parks, Instead the facility mixture would meet the unigwr needs of each park, I.ouncilrnember Helliwell asked if the City has equipment standards for playfields. Park Director Blank stated no, each playfield is considered for t special activity in that area, MOTION was made by CounciImember Zitur, seconded by Councilmember Ricker, that the neighborhood park development standard be amended to read: "The following facilities may be found in neighborhood parks", and to delay further consideration of the standards until Mayor Bergman can participate in the discussion, Notion carried, four ayes, NOTION was made by Councilmember Helliwell, the Larch Heights Lagoon a recommendation on cost owners, Councilmember ;itur, seconded by to refer a project for the dredging of to the Special Usev;sment Committee for sharing between the City and adjacent Uirecfor Moore Stated he will recormend to the Sre0al Assessment Committee that an information meeting be held for input from the area residents, Notion c;Arried, four ayes. Counci 1member Hel l i oel l askec whether the City or (,ounty has final responsibility with regard to determination of alignment of the County Road 9/County Read 24 connection, U) ActorMuore stated that the project is not contaii.ed in the Cot ,,ty' 3 five year Capital I.nprovement Program and development activity is creating the need for the ,alignment determination at this time, Manager Willis stated the Cconty has functional responsibility for owring and c-perating the road; however, i# i% to tho City's advan . - 4e that a] i (: r tnero t oe it'stermi ned now whi 1P the a f fec ted land J vacant, ratri,%r than requiring condemnation after dove' ;,, .)en t. Refer Project to Oredg Larch Heighti, Lagoon to the Soec i sl Assessment Committee Item */-,) Alignment of C.R. 4/ C,R, 24 Connection ItNm 7-R E46 Regular Council April 29 1990 page IIS Meeting fwncilmember HRiliwell asked if the County will accept the a: igmmnt choice lade by the i:ity, U1 rntor Moore stated the City, County, and State will stork tog: :her to determine the correct alignment, and t:% past sinilar situations the City's cost has been reimbursed in conjunction with a construction project, NOTION was matte by Councilmember Ricker, seconded by Cauncilmember Zitur, to adopt RESOLUTION NO, 90-255 AUTHORIZING PREPAkATION OF PRELIMINARY ALIGNMENT/DESIGN STUDY, :OUNTY ROAD 91COUNTY ROAD 24 CONNECT 11N, CITY PROJECT 40, 031, Notion carried on a %'oil call vote, four ayes, MOTION was m<,de by Cou,:i lmember Zi tur, seconded by Counc i I member Pelliwell, to adopt RESOLUTION NO, 9!1-256 AUTHORIZING SUB14ISSION OF CITr OF PLYMOUTH GRANT 0PLIC4TION TO HEANEPIN COUNTY FCR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR YEAR RYS, Motion carved cn a roll call vote, four ayes. Finance iirActo.0 Hahn introducted Risk Management Coordinator dots Pi4*erton aW Agent Don Kuplic for presentation of the 1990 Risk .kanagemet't Report. i Pemberton stated that property and casualty insurance costs dtclined by 15,7% in 1989/90 over the previous year. This savings z largely the result of aggressive Risk Managew.nt policies adopted by the Council anti implemented by staff, dob Pemberton recommended award of the 1990-1991 property and liability coverages to the LMCIT, St. Paul Fire and Marine, and Hartford Insurance!, He stated the premium cost will be S153,USa in 1990/91, as compared to $148,532 for 1989/90. However, much of this increase is the result of added City facilities and personnel, Agent Don Kuplic commended W% City's Safety Program, MOTION was made by Counc I I membe is Zitur, seconded by Councilmeraber Ricker, to adopt RESOLUT1gN N0, 90-257 AWARDING THE CONTRACT FOR INSURANCE FOR THE 1990/1991 INSURANCE PROGRAM, Motion carried on a roll call vote, four ayes, RESOLUTION NO, 9G-255 PRELIMINARY ALIGNMENT/ DESIGN STUDY FOR COONTY ROAD 24/CCVNTY R#)AD 9 CO"NECT ION Item 74 RESOLUTIWI NO, Ml -256 wIT11D1t1?Yk3'0'6 MnN 0c REQ'iEST FOR 66ING YEAR XVI CORD FUNDS Item *7-S 1990 Risk Management Report Item 7-T-1 RESOLU"ION NO, QO-257 AWARDTIC-INSTIRAW CONTRACT FOR 1990/1991 Item i - T--2 Regular Council Mooting April 2. 1990 Page 116 aCouncilmemberHelliwellstated the issue of whether to offer senior citizens a discount in sewer and water rates was discussed at a previous study session, She suggested the council further discuss and resolve the issue. Councilmember Ricker stated he would support a discount for seniors under limited conditions. He suggested a maximum 10% discount for individuals over the age of 62 and only on t.omesteaded property. The City would publicize availability of the discount, and eligible residents could apply for it if desired, MOTION was made by Councilmember Helliwell, seconded by Councilmember lftur, to defer discussion of sewer and water rate discount for senior citizens until Mayor Bergman is -4? sent. Motion carried, four ayes. Manager Willis stated the West Medicine Lake Community Club has requested an amusement license for their annual carnival. July 27.29, Assistant Manager Boyles reported on a meeting held with C i ty , 0mmuri ty Club, and resident representatives following last yoar's event. k stated the proposed resolution should be corrected to provide a cleanup curfew of 10:00 p.m. Councilmember Vasiliou explained that funds raised by the Club are used for youth activities in the community, FranK Cleave, 1730 Forestview Lane, stated some problems resulting from the Club's operations have persister the past several years. Last year carnival equipment was dismantled after the 11:00 p.m. curfew set forth in the approving resolution. Mr. Cleave urged the Cou,-cil to requip•e more strict enforcement of the conditions, and to provide consequences if the conditions are not met. He stated last year there Was loud amplified music and camping on the grounds by the carnival workers which created a noise problem in the neighborhood. Matthew Abe, 1735 Forestview Lane, spoke in favor of license approval, with the curfew time of 10:00 p.m., rather than 11:00 p.m, He agreed with Mr, Cleave that the loud music at last year'; event was a disturbance, Manager Willis stated staffwill relay to Community Club representatives the expectation that they better monitor the activities of its contract employees --tire carnival workers. 0 West Medicine lake Community Club. Wnuseme-nt License Request 1tPm 7-V Regular Council Meeting April 2, 1910 Page 117 NOT ION was made b Counc i Igo! 'r Ricker, seconded bY Y Councilmember 71tur, to adopt RESJ:.JTION NC, 90-258 APPROVING AMUSEMENT LICENSE FOR 14EST MED WANE LAKE COMMUNITY CLUB, with 10:00 p.m. curfew each night of the event. Notion carried on a roll call vote, four ayes. Staff was directed to forward the items of concern to Community Club representatives and to the Police Department prior to the event. Assistant Manager Boyles stated the cost of the 1990 Spring Ciean Up Program will be substantially more than in 1989 due to increased dumpster cost, Because of the mandated elimination of yard wastes, the clean up volume should decrease, He stated that with 15 homeowner associations participating in the program, the cost would be about $5,505, and an appropriation of 1,105 would be required from contingency, Deputy Mayor Vasiliou asked how the yard waste prohibition will be erforced. Assistant Boyles stated the Commun;ty Service Officers will monitor the dumpsters. In addition, there is a substantial is penalty to the hauler which will be assessed to the homeowner association if yard waste is contained in the load. MOTION was made by Councilmemoer Ricker to allow only one dumpster for each homeowner association on a first-come, t i rst serve basis. Motion failed for lack of a second. MOTION was made by Councilmember Ricker, secon'=-d by Councilmember Va si 1 i ou, to limit the 1990 progra+n to 15 homee++ner associations with one dumpster each on a first-come, first -serve basis., and a maximum program cos! of $5,505, If the program cost exceeds the budgeted amount of $4,400, the Council will consider allocation to a maximts- of SS,5U5. Motion carried, four ayes. Director Moore stated the County Board gave cities the following options with regard to yard waste for 1990: 1. Identify at least one transfer site and i ,sue all necessary permits for that transfer site within the City. The County will then select sites and operate the collection and disposal of yard wastsl. 0 RESOLUTION NO, 90-25A LACENSE FOR WES f MEDICINE LAKE COMMUNITYITY CLUB Item 7-V 1990 Sprinq Proqram I tam 8-A Yard Wa s to Facility Item A -Ml Clean UD Comnost Reg61 ar Council Meeting Apr;l 2, 1990 Page 118 2. Enter into an agreement with another City for the deposit of yard waste within that City. 3. State that the City would be responsible for the dispose of all of its own yard waste. 4. Prohib;;, yard waste collection and require back yard composti ng. Manager Wi VI i s s sated PI ym. uth coul d recei ve up to 769,000 under the option of the City providing a tralti Fer site; however, yard waste would have to be accepted trom i censed haulers as well as residents. This money would be used four site management. 0 Councilmember Zitur stated only yard waste from within the City of Plymouth should be collected and held in the City. Al so. City needs to encourage composting by individual property owners. Director Moore explained that the County is operating a yard waste disposal site in Hassan which will accept yard waste until June 1. After that date, yard waste will be accepted at various farms in the County. Director Moore suggested several Plymouth sites that could be used for a transfer site. Councilmember Helliwell was concerned about the toxic chemicals from grass fertilizers and weed killers, particularly if the possible disposal site at future Parkers Lake Playfield is selected. She suggested accepting twigs and leaves but no grass clippings. Manager Willis stated the majcr i ty of yard waste will be grass clippings especially during the summer months. Deputy Mayor Va,;iliou stated tnat residents will be more likely to dump clippings on roadsides and other in.ppropriate places if a disposal site is not provided. Councilmembers Helliwell ani Zitur expoessed concern about potential odor problems. Director %ore stated odor should not be a problem in residential areae if the appropriate site is selected and maintained. Regular Council Meeting April Z. 1990 Page 119 iCouncilmemberRicker stated he will not support a transfer site which would accept yard waste from haulers. He will support a site which only allows residents to dispose of yard waste, even if the City must solely pay for the site management cost. The cost could be charged to the Street Department budget with a transfer from contingency later in the year. Director Moore stated that if yard waste is only accepted from resideists at the site, the Public Works site would be adequate for the program. He proposed that City contract with a farmer for landspreading of the yard waste material at the end cf the year or woner if necessary. MOTION was made by Councilmember Ricker, seconded by Deputy Mayor Vasi 1 iou, that the City of Plymouth operate a yard waste compost site for resident drop-off only. Motion carried, three ayes, Helliwell nay. Director Moore explaineJ that the site will have controlled access and will be staffed during oven hours. Residents will be required to debag yard waste. MOTION was made by Councilmember titur, seconded by Councilmember Ricker, that the yard waste compost site be located at the City public works site. Moti(%n carried, four ayes. The Council discussed efforts th=at ccul d be used to notify residents of the site and of individial rompnsting measures they can implement. It was decidel that i -formation will be included in the newsletter and on cable, An i nformati ori sheet will be provided to licensed haulers for distribution to residents, as well as a flyer which will be mailed to individual residents and homeown,.%• associations. Community Development Coordinator Dillerud presen t d preliminary findings from research conducted on local wetland regulations as directed by 1.he Council, He stated that professional planning organizations and area communities were surveyed. Many of the existing policies merely reference federal or state law. Coordinator Dillerud recommended that the Council review the information provided and consider establishing a task force which could intensively investigate the subject and make a recommendations to the Council. 0 Preliminary Findings on Local Wetland Regulations Item A -C Regular Council Meeting April 2, 1990 Page 120 Councilmembers discussed composition of the Task force. Councilmember Zi tur suggested that Councilmembers Vasiliou and Helliwell serve as Council representatives to the Task Force, with Councilmember Vasiliou as Chairperson. Councilmember Vasiliou suggested that Planning Commission Chairman Plufka and PRAC Chairman Freels recommend an individual from eac'i commission. In addition, there should be residential and nonresidential developer representatives and citizen representatives. Councilmembers noted that membership must be balanced, Manager Willis stated there are economic factors which must also be considered once an ordinance is proposed by the Task Force, and noted in the report, Staff was directed to assemble a list of the residents who indicated an i nt.rest in serving on a Wetlands Task Force for Council consideration, Deputy Mayor Vasiliou stated she has not received complaints about the City's official newspaper, Councilmember Helliwell stated the problem is that the Weekly News is not readily available to residents north of T.H. 53 and some residents may not even know it's available. Deputy Mayor Vasiliou suggested retaining the Weekly News as the City's official newspaper with direction that within the -next 30 days additional n"ws racks be placed at such places as Holiday Plus, Maple Grove Mall, and other area businesses, A list of rack locations should be reported to the Council, Manager Willis provided the Council with a Leqislative update, including status of the tax bill ana comparable worth bill, Councilmembers briefly discussed the District 281 Comprehensive Drug Program Task O rce Report, Manager Willis noted that the costs for some of the Task Fnrce proposals would be substantial, Councilmember Ricker stated the drua problem will likely be a 1111 ori ty during budget considerations and options should be addressed at that time, Deputy Mayor Vasiliou agreed and stated that the Council must determine where best to spend resources in order to have the most impact, Deputy Mayor Vasiliou asked the status of the Cit, Council goals, 71 Official Item A -D Newspaper Le gislative T tem A -E Druq Program Iloda tP City Council Goals Regular Council April 2. 1990 Pale 121 1 Meeti ng Manager Willis stated Mayor Bergman will combine the goais received from each Councilmember and the Council rnuld then refine and/or prioritize them. Attorney Thomson reported that he is investigating ways the Council can legally address private street issues. He will provide his findings to Manager Willis for the Informational Memorandum, Deputy Mayor Vasiliou stated the news release to be used for the I-494 repair prcject is a good model for Plymouth to consider for the reconstruction program. Deputy Mayor Vasiliou asked how .taff proposes to respond to a petition received from residents in the Harbor Lane area, ncrth of Gleason Lake Drive. The residents oppose the City's construct;on project to create a stop for Harbor Lane at 4th Aveaue. Manager Willis stated the design should be a oenefit to the neighborhood because it will dissuade additional traffic from traveling to the north on Harhor Lane. He suggested the residents be invited to the next Council Forum to discuss the I s ;ue. The Council directed staff to invite the residents to attend the Forum on April 16. Deput; Mayor Vasiliou noted that a complaint was recLi%ed on the condition of property at 10715 15th Avenue North, She stated she viewed the property in 1989 after complaints were received and did not believe violation of a City Code hAd occurred. Manager Willis stated he recently visited the site. He stated staff will follow-up on the situation and report back. Attorney Thomson reported that the lawsuit involving Plymouth People to Protect Our Wetlands has been dismissed at the plaintiff's request. Attorney Thomson suggested the Council adjourn to Executive Session so that pending litigation items could be discussed. The meeting was adjourned at 10:50 p.m. to Executive Session to discuss pending litigation. y clerk 0 Private Streets Model News Release Petition from Harbor Lane Residents Property Complaint Lawsuit dismissal