HomeMy WebLinkAboutCity Council Minutes 09-24-1990MINUTES
RE:yULAR COUNCIL MEETING
SEPTEMBER 74, 1990
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:00 p.m.
in the Council Chambers of the City Center at
3400 Plymouth Blvd. on September 24, 1990.
PRESENT: Maynt Bergman, Councilmembers
Holliwel], Ricker, vasiliou, Zitur
ABSENT: None
STAFF PRESENT: City Manager Willis, Asrjistant
Manager Eoyles, Community Development Director
Tremors, Public Works Director Moore, Park
Director Blank, Public Safety Director Carlquist,
City Attorney Kennedy, and City Clerk Ravenhorst
yR4K' i OF
Mayor Bergman proclaimed October 6 as Physician
Assistant: Day,
CONSENT AGENDA
Item 9-W was removed from the Consent Agenda.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to add Item 8-C o the
Consent Agenda,
b)tion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt the Consent Agenda as
3.nended.
M)tion carried on a toll all vote, five ayes.
HiPUTES
M)TION was made by Councilmember Zitur, seconded
by Mayor Bergman, to approve the September 10,
1990, minutes.
Motion carried on a roll call vote, five ayes.
Proclamation
Item 4
Consent
Item S
Minutes
Item *6
Agenda
Regn1ar Council Meting
September 240 1990
Page366
TO j ice" NOW -Nem
Mayor Bergmar., opened a public hearing at 7:05
p.m. on the proposed Parkers Lake Mater use
regulaticas.
Park Dize„tor Blank reported that all residents
on Parkete Lake were notified of this hearing and
provided with a copy of the draft ordinance. A
four member task force of area residents worked
with staff and the City Attorney to develop the
proposed draft ordinance. Based on information
received from the DNR, Director Blank recommt.::ded
two changes to the draft ordinance: 1) Add in
Subd. 7 "without firs' ibtaining a permit Prov
the City and County Shcri f f' a Department,," and 2 )
Add in Sec. 2 "effective after pu31ication ani
after DNR approval."
Marsha Videen, 1151 Kingeview Laze, thanked the
ouncil for pursuing this issue as requested by
the residents on Parkers Lake. She stated that
one resident recommended adding decibel and time
limitation language contained in the Lske
N14.l.4letonka water use regulations, Zhese
provisions would be difficult to enfo -e and are
not proposed in the draft ordinance.
No one else appeared, and Mayor Bergman closed
the public hearing at 7:10 p.m.
Couac:ilmember Zit.ur asked how ice houses on
Par' -ere Lake would be regulated. Director Blank
eta ad ice houses are governed under DNR
reg+ latione .
Councilmem),Ner Zitur asked if complaints have been
rece.:.ved regarding water use on other lakes in
the city. Director blank stated ef+rl y in the
year sevb.•al complaints were received regarding
individuals Joing jet axi training can Medicine
Lakes however, the individuals are ro l:)ngor
usin4 the lake and no f rther complaints hive
bees received. He explained the Madicine Lake
Task b'oza:e meets to consider problems on Medicine
Lake. There are no water uae regulations vi,
Medicine Lake,
Parkers Lake
Surface Use
Regulations
Item 7-A
Nater
Regular Council Mrooting
September 24, 1990
pigs :65
Councilivember Z:..t, . r suggested that perhaps a Task
Force it needed to consider water cae regulations
as well as issues such as turasian .milfoil, He
asked if Director Blank concurred that a 'task
Force is needed, Director Blank reoponded teat
he does no.: see a need at this time. Most of the
lakes in klymouth are quite small and several
have speci:ic water use regulations :.n place.
Also, only Mbdicine Lake and Parkere Lake hal-e
public: access.
Councilmembtr Ralliwell asked who Mould enfo&%v
this ordinan;e. rlrector Blank stated the County
Nater Patrol would hav% enforcement
responsibility; however, most c.: the enforcement
will be done by Plymouth police.
Councilmw bes Kicker stated the prohibition of
personal watercraft between 6:00 p.m. and sunrise
is too rritrictive. Councilmember Helliwell
stated this wauld, :in effect, prevent use of the
lake during the week fox: mo_-t people. She stated
thet from the tow a of the D.NR Letter, the 6 t 00
p.m. rest&•action may not bu approved by their
agencv, Mayor Beigmar agreed that 6:00 p.m. is
too restrictive,
Marsha Videen stated 6:00 poi.. was seleQted
because residents wanted quiet time in the
eaenirg, Tre noise ,prom jet skis disrupts the
residents' enjoyment -)f their properties.
MOTION was made by Cout ciltnembe: Ricl er, seconded
by May.)r Bergman, to amend the restriction for
operation of personal watercraft in the draft
ordinance to 8:00 p.m. to sunrise.
Motion carried, four ayes, Vasiliou nay.
Councilmember Vasiliou stated she supports the
ordinance but believes the residents abutting
Parkers Lake have a right to quiet time in the
evening, She believes 6 00 p.m. is reasonable.
Recpjlar Council Meeting
September 24, :990
Page 366
MOTIOU was wade by Councilmember Ricker, seconded
by Cotincilmember Relliwell, to adopt ORDINANCE
NO. 90-33 RELATING TO PUBLIC SAFETY XII
ZGV1XZ ION OF PERSONAL WATERCRAFT AN.; AMENDING
SECTICN 1335 OF THY, PLYMOUTH CITY CODE, as
amended by who previous motion, and with tae tuo
amendments recommend*A by park Director ''lank.
Motion carrie(', on a roll c:.l.l vote:, five ayes.
Mane ger Willis stated tL- t this ordinance will. ;: e
forwarded to the DNR for apFroval prior to
publication. Ths DNrt may wait to vee if
regulations are adopted by they 1991 legislature
regarding jet skis.
EXTITIQHS&. RWULST3. - MM CQMlNICATIQIi3
Public Worts Director Moore stated that staff met
Stith affected property owners, builders,
ongineers, and the do -eloper regarding the Kings
llor`.h Drainage concerns. It was .iet:ermined that
there is no drainage problem on the Sandvold's
roperty. The drainage problem on the Loehr's
and Pike's property can be resolved independe. &y
of each ot;:e:r by installing two inlets over the
existing storm sewer pipe, by modest regrading of
the yards, midi or installing drair tile. The
c.jt for thin wort is estimated at $1,500 to
2,600 depending on the option chosen.
Director Moore stated the developer, Cr:gig
Scherbar, has indicated he will pay the cost for
the work not to exceed $1,500. In addition, a
restriction needs to be placed in the existing 18
inch storm sewer pipe at Ternbroc.k Lane and 45th
Avenue. He recommended that this restriction be
placed and paid for by the City.
Manager Willis stat -d the builder.3 indicated at
the meetinq that they do not have responsibility
for creating the problem and chr-te not to
participate in a solution.
14Councilmember tlasiliou stated the developer hay
agreed to pay up to $1,500, and the builders and
residents have indicated they will not pry
waything to correct the problem. who will pay
the cost over $1,5007
QED IN MCE . 90-33
WATER USE
RJLGULATIONS ON
PARKER3 LAKE
Item 7-A
Kings North
Drainace Concerns
Item 8-A
r
U
U
Regular Council Meeting
September 24, 1990
Page 367
Director Moore responded that the exact cost and
cost sharing will have to be determined before
the work is done. He estimated that the only
City cost Mould be about $250 for installation of
the restriction. Manager Millis skated that if
the Council approves of this proposed solution
for the drainage problems, the City would
construct the restriction at City cost. Staff
would continue to work with the property owners,
developer, and builders to work out an agreeable
solution and cost sharing for correction on each
property, without City contribution.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to accept the
report on K:.ngs North Drainage concerns and
possible solution.
Motion carried, five ayes.
Public Works Director Moore x-epoxted that the
work in Quail Ridge Addition is substantially
complete. The following items are not yet
completed: 1) handpick rocks and debris, 2)
place a short section of silt fence on the west
side of the path in the low area at the south
end, 3) properly install the rock drainaQs bed at
either end of the drain the and raise ;,utlet end
of the drain tile. Also, the engineer needs -#-.o
furnish the City with the easement for the
drainage Swale and certify that the grading
within the common open area was done in
accordance with the approved plan.
Manager Willis stated he has spoken with three
Quail Ridge residents who wanted to assure that
the site improvement guarantee will not be fully
released until all work is completed.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to accept the
report on Quail Ridge Update (85081).
Motion carried, five ayes.
Quail Ridge Status
Report
Item 8-B
Regular Council Meeting
September 24, 1990
Page 368
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-585
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR
DENNIS ARNE FOR "FAWN CREEK" (90022).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-586
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF
AND RELATED TO FINAL PLAT FOR DENNIS ARSE FOR
FAWN CREEK" (90022),
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-587
ADOPTING ASSESSMENTS, PROJECT N0, 042, SANITARY
SEWER AND WATERMAIN AREA - FAWN CREEK ADDITION.
Motion carried on a roll call vote, five ayes.
Community Development Director Tremere stated
that the Council remanded to the Planning
Commission for further consideration a previous
applicatijn of Craig Scherber for RPUD Concept
Plan for "Stone Creek" located at the northeast
corner of County Road 24 and County Road 101
90037). The Planning Commission reviewed the
revised Concept Plan. No formal recommendation
was made by the Planning Commission since motions
recer-,imending both denial and approval failed to
pass on 3-3 votes. A motion to tab e the Concept
Plan for redesign also failed on a 2-4 vote.
Director Tremere reviewed the revised Concept
Plan and staff findings especially regarding
corunon open space above the 100 -year Flood
Elevation over that which would be required to be
provided for a conventional subdivision. Also,
the proposed Concept Plan contains a design for
the neighborhood park that is inconsistent with
the recommendation of the Park Director and does
not include a trail corridor that is specified by
the Trails Element of the Comprehensive Plan.
Staff finds the petitioner has not been
responsive to the Council direction of July 16.
He stated that conventional platting remains an
option for the developer. Also, a revised
concept could be submitted.
P11=7I01S. 30-515
APPROVING FINAL
PLAT FOR FAWN
CREEK (90022)
Item *8-C
RE OLUTI.QN 207186
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING (90022)
Item *8-C
RK3OMx1D1L -H-5.87
ADOPTING
ASSESSMENTS,
PROJECT N0, 042
Item *8-C
Craig Scherber
Concept Plan for
Stone Creek
90037)
Item 8-D
Regular Council Meeting
September 24, 1990
Page 369
Tom Loucks, 8401 73rd Avenue North, Brooklyn
Park, represented the developer. He addressed
each item contained in the draft resolutjon for
denial of the concept Plan. He stated that 3.95
acres of land of proposed open space is above the
100 -year Flood Elevation. The second tier of
open space is one foot below this elevation and
the third tier is two feet below this elevation,
The developer does not intend to ask for open
space credit for these areas.
Mr. Loucks stated there was some oLjection to
creating a trail from 24th Avenue along the rear
of the existing properties to serve the proposed
12 acre public park. At the mort recent public
tearing, residents indicated that the trail would
be a good idea. The trail has now been included
in the Concept Plan, Mr. Loucks stated that the
Park and Recreation staff has indicated that 240
feet of street frontage must be provided along
the park. He stated this is not specified in the
Park Element of the Comprehensive Plan and is a
much greate.r requirement than that required of
the leveloper adjacent to the proposed park area.
In that situation only 60 feet of frontage was
required. He stated that moving the twin homes
on the site as shown in the current Concept Plan
precludes the developer from dedicating 240 feet
of frontage.
Mr. Loucks described the mir and proposed
location of units on the site. He stated an
agreement has been reached with representatives
of the adjacent Leuer property. The Leuer's will
not object to the Concept Plan proposal if: 1) No
twin homes are located closer than 75 feet to the
property line, and 2) The developer constructs a
berm and landscaping that will provide a
transition. The Leuer's also want to be a3sured
that they will be allowed to develop their
property into three single family lots in the
future. Mr. Loucks stated the developer believes
he has rea^onded to the direction of the City
Council,
Councilmember Zitur asked for clarification of
the City requirements relating to transition.
Director Tremere stated the key performance
Regular Council Meeting
September 24, 1990
Page 370
criteria of proper transition for a singly family
guided area is that at the perimeter of the
development a perception of a single family
detached neighborhood should be c•eated. Staff
does not believe this perception exists with the
Concept Plan proposed. He stated the Council
should consider the impact of this development on
the entire surrounding residential area,
particularly Ment and east of the site, an
addition to any impact on the Leuer property, He
acknowledged Mr. Loucks's observation that one of
the transition elements may be an arterial street
such as T.H. 101.
Director Tremere stated the introduction of a
housing type other than single family detached
dwellings in this area is a function of PUD
approval; it would not be allowed with a
conventional development. There is no apparent
physical condition that would prevent the
developer from proposing a plan with single
family detached units on the exterior of the
development.
Councilmember Helliwell asked why staff feels the
proposed Concept Plan does not meet the
Comprehensive Park Plan. Park Director Blank
responded that access is needed to the park.
This development would serve as the main park
entrance and, pursuant to previous Council
direction, sufficient parking needs to be
included for all parks. He stated the direction
of the Council for adequai.e parking could not be
met for this park with only a 6G foot frontage.
Director Blank stated the main park entrance
should be fr.•om this development, rather than
Seven Ponds development to the east, due to the
soil conditions.
In response to a question by Cotuncilmember
Vasiliru, Mr. Loucks stated the scattered tot
lots have been removed from the proposed Concept
Plan,
Councilmomber Vrsiliou noted that the petitioner
claims that the twin homes will not be rented.
She ask" i the petitioner to respond.
Regular Council Meeting
September 24, 1990
Page 371
Ross Fefercorn, 7625 Metro Blvd. $145, Edina,
stated rental of the twin homes would be allowed
only in a hardship case with the approval of the
Board of Directors. He stated the average price
of the twin units at $175,000 to $225,000 each
data not entice renters.
Greg Lauer, 17435 Medina Road, represented his
parents whose property abuts the proposed
development., He stated his parents would like
single family detached residences adjacent to
their property, but he believed they would concur
with adjacent twin homes if the conditions
previously outlined by Mr. Loucks were met. In
addition, the developer would provide utilities
to the Lauer's property line.
Director Tremere stated that one property owner
is not in a position to guarantee to another
owner what construction can occur in the future.
The developer can guarantee such things as the
landscaping and berm, but cannot quarantee that
development of three single family lots will be
allowed in the future.
Councilmember Ricker expressed concern that the
plan was not consistent with City plans; he noted
also Council direction to staff that parking
should be provided in parks.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to adopt RESOLUTION NO.
90-588 DENYING RESIDENTIAL PLANNED UNIT
DEVELOPMENT CONCEPT PLAN FOR CRAIG SCHERBER FOR
STONE CREEK" (90037).
Moti3n carried on a roll call vote, five ayes.
MOTION was made by Ccuncilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO, 90-589
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR
RICHARD DEZIEL FOR "OXBOW RIDGE 2ND ADDITION"
90077).
Motior. carried on a roll call vote, five ayes.
MOLUTION 90-588
DENYING RPUD
CONCEPT PLAN FOR
CRAIG SCHERBER FOR
STONE CREEK
90037)
Item 8-D
RL54LUT1CN 90-589
APPROVING FINAL
PLAT FOR OXBOW
RIDGE 2ND ADDN.
90077)
Item *8-E
Regular Council Meeting
September 24, 1990
Page 372
MOTION was made by Councilmember Z:t«r, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-590
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF
AND RELATED TO FINAL PLAT FOR RICHARD DEZIEL FOR
OXDOW RIDGE 2ND ADDITION" (90077).
Motion Carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-591
ADAPTING ASSESSMENTS, PROJECT NO. 041, SANITARY
SEWER AND WATERMAIN AREA - OXBOW RIDGE 2ND
ADDITION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt ORDINF.NCE NO. 90-34
AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN
LANDS LOCATED SOUTH OF THE SOUTH TERMINUS OF 46TH
AVENUE NORTH AND WEST OF VICKSBURG LANE AS R -1B
LOW DENSITY RESIDENTIAL) DISTRICT.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-592
SETTING CONDITIONS TO BE MT PRIOR TO PUBLICATION
OF ORDINANCE REZONING LAND FOR RICHARD DEZIEL FOR
OXBOW RIDGE 2ND ADDITION" (90077).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember ; it ut , seconded
by Mayor Bergman, to adopt RESOLCITi IN NO. 90-593
APPR%.,IING MIXED PLANNED UNIT DEVF.1: 'MEN,r Fi.,AN
AMENDMENTS FOR SUPER VALU STORES, 114C. Fop "Ct'B
FOODS" (90079) (MPUD 78-2) .
Motion carried on a roll call vete, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-594
APPROVING "PROOF OF PARKING" PLAN FOR SUPER VALU
STORES, INC. FOR "CUB FOODS" (90079) (MPUD "9•-2).
Motion carried on a roll call vote, five ayes.
RLSQLUTION 90-590
SETTING CONDITIONS
TO BE MET PRIOR TO
FILING (90077)
Item *8-E
FSSOLUTION 9Q-591
ADOPTING
ASSESSMENTS,
PROJECT NO. 041
Item *8-E
ORDIWCE 90-34
REZONING LAND
SOUTH OF 46TH AVE.
AND VICKSBURG LANE
AS R -IB
am *8-E
RESOLUTION 90-592
SETTING CONDITIONS
TO BE MET PRIOR
TO PUBLICATION
90077)
item *8 -E
F430LUTION 90-593
AF PROVING MPUD FOR
SUPER VALU STORES
FOR CUB FOODS
50079)
Item *8-F
sir QLVT1QH 90-5!04
APPROVING PROOF OF
PARKING; PLAN FOR
CUB FOODS (90074)
Item *8-F
i
Regular Council Meeting
Septemoer 24, 1990
Pogo 373
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman. to adopt RESOLUTION NO. 90-595
APPROVING CONDITIONAL USE PERMIT FOR LINDA
HOPKINS FOR THE "PIEPPERMINT FENCE NURSERY SCHOOL"
OPERAT I ON (90 0 8 3) .
Motion carried on a roll call vote, five ryes.
MOTION was made by Councilmember Zitur, seconded
ty Mayor Bergman, to adopt RESOLUTION N0. 90-596
APPROVING CONDITIONAL USE PERMIT FOR U.S. HOMES
CORPORATION/THOMPSON LAND DEVELOPM1:NT DIVISION
FOR LAND RECLAMATION (90086).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-597
AUTHORIZING RELEASE OF FINANCIAL uUARANTEE FOR
TREE PRESERVATION FOR "PARKVIEW RIDGE" (88018).
Motion carried on a roll call vote, five lyes.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION N0. 90-518
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE
FDR TRAMMELL CROW COMPANY FOR PLYMOUTH BUSINESS
CENTER - PHASE I'•! LOCATED AT 3905 AND 3955
ANNAPOL T S IJOIE (85044).
Motion Carried on a roll call vote, five ayes.
MOTION w&s made bf Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-599
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE
FOR BILL HICKS & CO. , LTD (88089) .
Motion carried on a roll. call vote, five ayes.
N.)TION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION WO. 90-600
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE
FOR O'CONNOR SALES LOCATLD AT 9817 10TH A'JENUE
NORTH (A-619).
Motion carried on a roll call vote, fives ayes.
M308wU: tQN 90-595
APPROVIYIG C13P FOR
PEPPERMINT FENCE
NURSERY SCHOOL
90083)
Item *8-G
MOLUTIQN 90-596
APPROVING CUP FOR
U.3. HOMES/
THOMPSON LAND DEV.
LAND RECLAMATION
90086)
Item *E -H
MOLUTIQN 90-597
RELEASE OF
FINANCIAL
GUARANTEE FOR
PARKVIEW RIDGE
88018)
Item A8-1
RENLUTIQN 90-598
RELEASE OF SITE
PERFORMANCE
GUARANTEE FOR
PLYMOUTH BUSINESS
CENTER (85044)
Item *8-J-1
MQLUTIQN 90-599
RELEASE OF SITE
PERFORMANCE
GUARANTEE FOR BILL
HICKS & CO.
88089)
Item *8-J-2
RZSQLUTIQN 90-tQQ
RELEASED Off' SITE
PEKFORMANCE
GUARANTEE FOR
O' CONNOR :SALES
A--619)
Item# 8-`t- i
Regular Council Meeting
September 24, 1990
Pane 374
MOTION was made by Counclimember Zitur, seconded USOLUTiON 90-01
by Mayor Bergman, -to ado.,t RESOLUTION NO. 90-601 REDUCTION OF ,SITE
AUTHORIZING REDUCTION OF SITE rERFORMANCE PERFORMANCE
GUARANTEE FOR KRUTZIG HOMES INC. FOR BOULDER Gt"AAANTEF FOR
RIDGE (88124). BOULDER RIDGE
88124)
Motion carried on u r ., i l call vote, five ayes. to +
0 w 8-K-1
MOTION was made by C.)uncilmember Zitur, seconded RESSOLUTION 90-02
by Mayor Be.rgaiaan, tee adopt RESOLUTION NO. 90--602 41EDUCTION OF SITE
AUTHORIZING REDUCTI,JN OF SITE PERFORMANCE PERFORMANCE
GUAQ.ANTEE FOR BOSSARDT CORPORATION FOR INDUSTRIAL GUARANTEE FOR
PAPK BUSINESS CENTER JOINT VENTURE LOCATED AT INDUSTRIAL PARK
13310 INDUSTRIAL PARK BOULEVARD (89065). BUSINESS CENTER
Item "8-K-2
Motion carried on a roll call vote, f i.ve ayes.
MOTION was made by Councilmember Zitur, seconded MOLUTION 90-603
by Mayor Bergman, to adopt RESOLUTION NO. 90-603 REDUCTION OF SITE
AUTHORIZING REDUCTION OF SITE PERFORMA;CE PERFORMANCE
GUARANTEE FOR OPUS CORPORATION FOR NATHAN 54 GUARANTEE FOF
CENTER LUCATE0 AT THE NORTHEAST CORNER OF 54 H NAThAN 54 CENTER
AVENUE NORTH AND NATHAN LANE (90001). (y0o1l)
Item •8-K-3
Notion carried on a ro)ll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded 'MOL•UTION 90-604
by Mayor Bergman, to adopt RESOLUTION NO. 90-604 FOR HEAWING ON
FOR HEARING ON PROPOSED REASSESSMENT OF DEFERRED PROPOSED
SPECIAL ASSESSMENTS. REASSESS6V4NT OF
oEFERREn 'SPEC IAL
Motion carried on a roll ca:l vote, five aye v. I::OE:SSMEYrS
item w8 -L
MOTION was made by Councilmember Zitur, seconded RESQ ,UTION 90 -6f) -J
by Mayor bergman, to adopt RESIOLUTIO N NO. 90-605 REDUC INU
RFD()CING DEVELOPMENT BOND, SHILOH PINES ADDITION DEVELOPMENT BOND,
80025), . 3HTLOH PINES
ADDITION (88015)
Motion carried on a roll call vote, fiver ryes. Item '8-M-1
MOTION was made by Councilmember ZituL, -seconded RESOLUTIM 90-606
by t13yor Bergman, to adopt RESOLUTION No. 90--606 REDUC"Ir;.a
REDUCING DEVELOPMENT BOND, LAKE CAMELOT ESTATES DEL'EL,OPMENt" BOND,
3RD ADDITION (89044) , LAKE CAMEL, t'
ESTATES 3RU :i ,DN .
Motion carriod on a roll call vete, five Ayes. (89044)
Item "8 M.
Regular Council Meeting
September 24, 1990
Page 375
MOTION was mads by Councilmember Zitur, seconded
by Mayer Bergman, to adopt RESOLUTION N0. 90-607
REDUCING DEVELOPMENT BUND, WATERFORD PARK PLAZA
ADDITION (87027).
Motion carried on a roll s.sll vote, five ayes.
NOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-608
AWARDING BID BASS CPEEK BUSINESS PARK STREETS AND
UTILITIES, CIT`! PROJECT NO. 008.
Motion, carried. on a roll call vote, five ayes.
MOTION WAS made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-609
AWARDING BID, COUNTY ROAD 101/COUNTY ROAD 9 TRUP' .<
WATERMAIN, CITY PROJECT NO. 012.
Mcg%.ion t-arriod on a roll call vote, five ayes.
MOTION want made by Councilmember Ricker, vecoided
by Mayor Borgman, to adopt RESOLUTION NO. 90 -ill
REQUEST FOR PAYMENT NO. 5 AFD FINAL 1989 STRr-,'!T
RECONSTRUCTION PROGRAMA, CITY PROJECT NO. 801.
Motion carried on a roll :all -rote, five ayes.
MOTION was made by Councilmember Zitur, sec•inded
by Mayor Bergman, to adopt RESOLUTION NO. -611
AUTHORIZING CONDEMNATION PROCEEDINGS, NORT. :JEST
TRUNK SEWER, CITY PROJECT NO. 014.
Motion carriec. on a toll call vote, five ayes.
MOTION was made by Councilmember Zituz, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-612
DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF REPORT, STREET LIGHTING - 47TH
AVENUE AND QUINW00D LANE
Motion carried on a roll call vote, fiv• ayas.
F&SOLUTION 90-607
RC#DUC I NG
DnarELOPMENT BOND,
WATERFORD PARK
PLAZA ADDITION
87027)
tem *9-M-3
FESQLUT,ZQN 90-608
AWARDING BID FOR
nASS CREI*K
BUSINESS PARK
PROJECT NO. 008
Item '8-N
RESOLUTION 90-609
AWARDING BID FOR
PROJECT NO. 012
Item *8-0
MOLUTION 90-610
REQUEST FOR FINAL
PAYMENT, 1989
STREET
RECONSTRUCTION
P RO.TECT NO. 801
Item 8-P
RESOLUTION 90-611
P OITHORI 71 NG
CJNDEMNATION
PROCEED ING; i ,
PROJECT NO. 0.14
Item *8-Q
PZSQLUTION 90-612
ACCEPTING PETITION
AND ORDERING
REPORT, STPEET
LIGHTING 47TH AVE.
AND QUINWOOD LANE
Item *8-•R
Regular Council Meeting
September 24, 1990
Page 376
MOTION was made by C:ouncilmembear Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-613
RECEIVING REPORT AND CALLING FOR HEARING ON
STREET LIGHTING IMPROVEMENTS, 47TH AVEWig P,ND
QU I NNOOD LANE*
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmo rbor Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-614
AUTHORIZING AMENDING ITEMS 4.3, 6.1, AND 8.0 OF
THE DEVELOPMENT CONTRACT FOR BAY POINTE ON MOGNEY
LAKE (8 9005) .
Motion Carrie 1 on a roll call vote, five 'lyes.
MOTION was m&de by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. )0-615
ADOPTING ASSESSMENTS, PROJECT NO. 012, WA:ERMAIN
AREA AND NATERMAIN LATERAL PIN'S 18-118-22-42-
0008 AND 18-118-22-43-0005.
Motion carried on a roll call vote, five altos.
The Council reviewed a report on contracto•s'
responsibility for dust control. Director Moore
stated that much of the dust is caused fro -4.t the
material being hauled for a project. Manatfer
Willis stated dust will always be a factor in a
construction project, but through enforcemt it of
the contract provisions, the problem caii be. kept
to an acceptable level. He asked that
Covncilmembers and residents notif%r staff ;f Aust
becomes a problem during road construction so
that staff' can correct the prcblem.
Mar.ager Willis recommended adoption of a
resolution designating Sumek Associate9, ir,c., to
conduct a manpower and equipment needs study of
the fire department.
Mayor Bergman stated he would like t' a firr to
mtiet with the firefighters to gain their input.
The Councilmembers concurred.
RMINTION 90-613
RECEIVING REPORT
AND ORDERING
STREET LIGHTING
47TH AVENUE AND
1UINWOOD LANA.
Itnm '8-R
UL: LUT"QN )0-614
AMENDING
DEVELOPMENT
CONTP,ACT FOR BAY
POINTE ON MOONEY
LAKE (89005)
Item '8-.S
RASQWT1QN 90-615
ADO& TING
4ATERMAIN
ASSESSMENTS
Item *8-T
Contractors'
Responsibility for
Dust Controi
Item 8-U
Regular Cn.incil feting
September 1990
Page 377
MOTION was made by Mayor Bergman, seconded by
Councilmenwer Ricker, to adopt RESOLUTION NO. 90-
616 PROPOSI'.I, TO STUDY AND EVALUATE EQUIPMENT AND
MANPOWER NEEDS FOS. THE PLYMOUTH FIRI: DEPARTMENT.
Councilmember Helliwell questioned the cost of
the study, estimated to :.e $18,000, and asked if
the Council will use the information.
Fire Chief Robinson stated this study would
provide an independent review and perspective rf
the currerr: and future status of the fire
department, The firefighters are generally
positive about the proposed study.
MOTION to amend was made
seconded by Councilme.*er
should include a meeting
the firefighters.
Motion to amend carried,
by Councilmember Ricker,
Zitur, that the study
Of Lt.d consultant and
five ayes,
Motion to amend the main motion was made by
Councilmember Ricker, seconded by Councilmember
Zitur, that the contract shall be approved at a
cost including expenses not to exceed $25,000.
Motion to amend carried, five ayes.
Main motion, as twice amended, carried or. a roll
call vote, five ayes.
Councilmember Ricker asked if Plymouth holds
Joint powers agreements with all cities involved
in the Northwest Metro Drvg Enforcement. Task
Force. He feels involl imesit ir. the Task Force is
probably good; however, is concerned about
possible liability issues if no agreement exists.
He asked how City involvement in the Task Force
would work.
Public Safety Director Carlquist stated a
department cuordinator would be assicned the
Task Force which would meet periodically to
decide tactics and strategies. In addition, the
Police C1%fiefs from the various agencies o:oul,d
meet per.&)dicaily to monitor the program,
SOLUTION 90-616
STUDY OF FIRE
DEPARTMENT
MAN110WER AND
EQUIe"KENT NEEDS
Item 8-V
Northwest
Drug Task
XLem 8-W
Metro
Force
Regular Council Meeting
September 24, 1990
Page 378
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RESOLUTION NO.
90-617 ?.UTHORIZING PARTICIPATION BY THE PLYMOUTH
POLICE DEPARTMENT IN THE NORTHWEST METRO DRUG
TASK FORCE.
Motion carried on a roll call vote, five ayes.
ADTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION N(.. 90-618
iii'+QULSTING THE MINNESOTA DEPARTMENT OF
TRANSPORTATION TO RECONSTRUCT AND EXPAND
INTERSTATE 494 BETWEEN I-394 IN MINNETONKA AND
T . H . 94 IN MAPLE GROVE.
Motion carried on a roll call vote, five ayes.
UOTION was made by Councilmember Zitur, seconded
by May r Bergman, to adopt RESOLUTION NO, 90-61c,
APPROVING DISBURSEMENTS FOR THE PERIOD ENDING
A.I(,,UST 31, 1990.
Motion carried on a roll call vote, five ayes,
MOTION was ma0e by Councilmember Zitur, seconded
by Mayor 3ergman, to adopt RESOLUTION NO. 90-620
ADOPTING AMENDED POLICY FOR & ECTRj ASSESSMENT
DEFERMENT FOR HOMESTEAD PROPERTY OWNED BY SENIOR
I .9I ZENS AND DISABLED PEOPLE.
Motion carried on a roll call vote, five ayes.
Public Safety Director Carlquist presented a
report on the deer situation in Plymouth. He
identified tha amour major areas in the City where
the most deer/vehicle incidents occur. The
Swareflex warning reflectors that were
euperimented with along County road 10 between
T.H. 169 and Zachary Lane have 6,,Id mixed success.
He suggested that the Cou: ,.:i l could t!onsider une
if the fallowing options relative to the deer
prob.am: 1) Develop a deer management plan fo:
the entire Pity with the possibility of deer
hunting by bwit a)d arrow or via a marksman, 2)
Experiment with one area of the City using the
hurl ;inq options abor. . and/or Swareflex reflector
RESOLUTION 90-617
AUTHORIZING
PARTICIPATION Ill
r!M NORTHWE S T
METRO DRUG TASK
FORCE
Item 5-W
RESOLUTION 90-618
REQUESTING MNDOT
TO RECONSTRUCT AND
EXPAND I-194
BETWEEN I-394 IN
MINNETO!WA AND
T,N. 94 IN MAPLE
GROVE
Item '8-X
RESOLUTION 90-619
APPROVING
DISBURSEMENTS FOR
PERIOD ENDING
8-31-90
Item *8-Y
RESQLUTION 90-620
AMEMDING POLICY
FOR SPECIAL
ASSESSbVSNT
DEFERMENT
tem "8-Z
Deer Situation
Item 9-A
Regular Council Meeting
September 24, 1990
Page 379
installation, or 3) Develop a Task Force to study
the issue.
Director Carlquist stated the DNR favors the hunt
for deer management purposes because it is most
cost effective, provides recreation for hunters,
and is effective in reducing the number of deer.
Mayor Bergman stated a target area could be used
to determine, if the City's efforts are resulting
in a thinned herd. Councilmember Vasiliou
suggested a combination effort of a limited hunt.
and 9wareflex reflectors.
Councilmember Zitur stated he is concerned about
this issue, particularly as it relates to
potential injury of residents and Lymes disease.
Councilmember Helliwell stated she will not
support a hunt due to safety concerns of hunting
within the City and the injury to animals.
Councilmember Ricker stated he also will not
support a hunt.
Mayor Bergman stated he will support whatover
means are necessary to reduce the number of deer
if it will reduce the frequency of vehicle/deer
accidents. He stated concern that a fatality
will occ»r due to an accident of this ty,)e .
Manager Willis stated that hunting deer may be
unpopular with malty residents; however, the
urbanization of Plymouth is not forcing the deer
out of the City. In fact, they are becoming a
worse public safety problem.
Councilmember Zitur stated he would like more
information on how humane the hung options would
be.
The City Council accepted the report and will
consider the options curing budget deliberations.
The City Mcnager and Ccuncil reviewed the 1990-
1991 Plymouth Council Goals,
Councilmember Ricker stated he believes the Mayor
is doing an unsatisfactory job of communicating
with all councilmembers. Councilmember Helliwell
Council Goals
Item 9-B
Regular Council Meeting
September 24, 1990
Page 360
stated it is the Mayor's responsibility to
communicate with each member and provide
direction for the Council as whole.
Councilmember Zitur suggested that the Council
should hold a meeting directed by a facilitator
to try to communicate and work together better.
Mayo• Bergman stated each member of the Council
has au equal vote and he is available if
Councilmembers choose to call him. He considers
each member to have an equal responsibility for
communicating.
Councilmember Ricker stated he believes the
position of Mayor carries certain
responsibilities including directing and
communicating with all Councilmombers.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to direct staff to
research and make a recommendation to the Council
on a facilitator and meeting or process to
improve Council communication, including team
building and developing a healthy working
relationship.
Motion carried, four ayes, Bergman nay.
In response to other Council goals, Manager
Willis reported that joint meetings are scheduled
with the Council and two szhool district boards.
He reported on the status of the work of the
Financial Task Foxce, and stated that budget
meetings will be Meld in October with council and
staff representatives to consider operations and
future plans of specific departments.
Manager Willis reported that the DARE Program
will be extended to additional elementary schools
this year. Councilmember Ricker stated. the
Council needs to gat more parental and community
involvement in the DARE Program. He cited the
DARE graduation ceremonies at some schools where
very few parents attended. He stated the success
of the DARE Program will relate to ongoing
parental support of the program.
Regular Council Meeting
September 2+, 1990
Page 381
Councilmember Zitur noted that most of the
elementary s4,,hool have Plymouth and non --Plymouth
residents attending. He suggested contacting
neighboring cities for financial support and
participation in the program. He stated that an
active Task Force may be needed to promote the
program.
Councilmember Helliwell stated the best promotion
for the DARE Program would be reaching parents
through the schools. The schools need to be
encouraged to promote the importance of the
program to parents.
The Council directed that consideration of the
DARE Program and possible Drug Awareness Task
Force be placed on a future Council agenda.
Councilmember Helliwell reported that the
Recycling Task Force recently met with apartment
building owners.
Manager Willis reported on the status of the
Wetlands Task Force meetings.
Councilmember Zitur stated the City needs to make
an effort to preserve trees, in addition to
wetland areas. Mayor Bergman stated this is
being accomplished through the Tree Preservation
Policy.
The Council reviewed the Public Improvement and
Project Status Reports, Manager Willis noted
that the contractor on the Schmidt Lake Road
project is not working as rapidly as he should
be. He may not meet the completion date stated
in the contract..
Manager Willis asked Councilmembers to share
concerns they have with his performance or
objectives, or areas in which they would like
see improvement. The Councilmembers had no
comments.
Project Status
Reports
Item 9-C
any City Manager Job
Description and
to Performance
Oh actives
Item 9-1)
Manager Willis stated that at resident. David
Davenport's request, Public Safety
representatives, Mayor Bergman, Councilmember
Vasiliou, he, and School District 284
representatives met to discless recent vandalism
in the Heritage Estates and other areas.
Public Safety -
Vandalism
Regular Council Meeting
September 24, 1990
Page 362
Suspects have been tentatively identified and
schoc,l district and police representatives are
working to intervene to correct the problem.
Councilmember Vasiliou stated she had received a
call from a resident interested in participating
in the McGruff St.fe House program. The resident
had i-Neen informed by the Public Safety Department
that the City was not interested in the program
for liability reasons. Councilmember Vasiliou
noted that many other cities are conducting the
program. She will continue meeting with the
resident and report back to the Council.
Councilmember Zitur stated that the City's
Neighborhood Watch Program needs to be improved.
The meeting was adjourned at 10:40 p.m.
y Cler
McGruff Safe Home
Pragram
Neighborhood Watch
Program
a