HomeMy WebLinkAboutCity Council Minutes 11-05-1990REGULAR
MINUTES
COUNCIL
NOVEMBER 51
MEETING
1990
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:00 p.m.
in the City Council Chambers of the City Center
at 3400 Plymouth Blvd., on November 5, 19on,
PRESENT: Mayor Bergman, Counci.lmembers
Helliwell, Ricker, Vasiliou, Zitur
ABSENT: None
STAFF PRESENT: City Manager Willis, Assistant
Manager Boyles, Community Development Director
Tremere, Public Works Director Moore, Park and
Recreation Director Blank, and City Attorney
Thomson
Councilmember Vasiliou asked that Item 6-1 be Consent
removed from the Consent Agenda. Councilmember Item F
Helliwell asked that Items 6 -HH be removed from
the Consent Agenda.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to approve the Consent Agenda
with the deletion of Items 6-1 and 6 -HH.
Motion carried on a roll call vote, five ayes.
qf"i
MOTION was made by Councilmembex Zitur, seconded Minutes
by Mayor Bergman, to approve the minutes of the Item *7
October 15, 1590, regular meeting.
Motion carried on a roll call vote, live ayes.
Agenda
Regular Council Meeting
November 5, 1990
Page 430
Community Development Director Tremere stated
that this was a petition for a Land Use Guide
Plan Amendment, MPUD Concept Plan, Preliminary
Plat/Plan, Conditional Use Permit, and Rezoning
for Plymouth Business Center 5th Addition. The
land wc•uld be rezoned from FRD to Planned
Industrial and to LA -3 (high medium density
residential). This is a combined MPUD Concept
Plan and Preliminary Plat/Plan application.
Councilmembftr Vasiliou asked tho petitioner about
the status of efforts to acquire the three houses
adjacent to the development.
John Griffith, 601 Lakeshore Parkway,
representing the Trammell Crow Company, stated
that he has spoken rith the property owners and
made an offer of 110 percent of the appraised
value. He has also attempted to keep the
property owners abreast of the status of the
petition. His offer for acquisition still
stands.
Linda Fisher, 1500 Northwestern Financial Center,
and attorney for the petitioner, stated that they
were prepared to make a presentation of this
agenda item should the Council desiro. She
stated that they concur with all aspects of the
staff report and Pl^nning Commission action.
John Starr, 3450 Fernbiook Lane. stated that he
and the other residents feel "swallowed up" by
industrial development. The new development will
bring gro,ater danger to his children getting to
and from the school bu3. The development will
exacerbate the traffic congestion in the area by
adding traffic to t'arnbrook Lane, as well, as to
the new 34th Avenue. He asked that the City
Council address the street safety issue and
access issue as part of this petition.
Councilmember Vasilioli asked about the school
district's position regarding the bussing issue.
Mr. Starr stated that his youngest child has been
picked up by the bus at the hours. His eider
children are in junior high and high school and
Trammell Crow Co.
Plymouth Business
Center 5th
Addition
90063)
Item 6-A
U
Regular Council Nesting
November d, 1990
Page 431
must walk to a bus stop. He is .oncerned about
the street being slippery and that retaining
walls adjacent to the roadway leave an
unacceptable area for snow storage and for
children to walk off-street.
Councilmember Zitur asked Mr. Starr about the
status of property negotiations. Mr. Starr
stated the initial offer from Trammell Crow was
well below their perceived market value. He felt
it was not a fair offer. The second offer was
closar to their desires, but Trammell Crow has
not pursued negotiations further for some months.
ra)uncilmember Helliwell asked if Mr. Starr was
speaking for all three neighbors. He stated that
he was and that based on the proposals macaw, none
of them would be abao to move into a new house in
a regular develoratent in Plymouth, let alone a
development vith as natural a setting as they
presently enjoy.
Councilmember Ricker asked if he had a
professional appraiser appraise his property.
Mr. Starr stated "no" since the Trammell Crow
offer was so far off their expectations, there
was no basis to get more appraisers involved.
Lowell Turner, 3430 Fornbrook Lane, stated h• had
purchased his property in 1958 and has lived
there for 32 yeare. He understood for years that
there would be effective buffering between his
house and this land and the freeway. He is
concerned about truck traffic on Annapalia Lane
and about retaining trees in the area. He stated
that the development would be far better off if
the houses were removed and the sited regraded.
He recited the contacts made between himself and
Trammell Crow and stated at present homeowners
are still waiting and are willing to negotiate
with Trammell Crow Company in person and not by
mail.
Shirley Edman, 14130 :5th Avenue North, stated
she and her husband origina&ly owned the 40 acres
which comprise the Plymouth Dusiness Center Site.
They were always under the assumption that they
were in a residential sone and yet development in
their area has included industrial. She does not
J
0
itegular Council M60ting
Movembe: S, 1990
Page 132
want to live where industrial conflicts with
residential usage. She is also concerned that
there be sufficient screening between her
property and the industrial.
Councilmember Helliwell clarified that the
development proposed to be closest to Hdmans'
will be multi -family units, not industrial
buildings. firs. adman and Mrr. Edman stated
concerns with the view, and said they were led to
believe a natural barrier would remain.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Zitur, to defer this
item to provide the property owners and Trammell
Crow representatives with adequate opportunity to
meet to resolve the concerns they have with one
another, incl ding acquisition of the properties
if appropriate.
John Gritfith state* that the deferral was a good
idea and that he is anxious to again moot with
the homeoM vers .
Councilmember Helliwell stated she hoped th&t the
homeowners would be able to relocate in Plymouth.
Councilmember Ricker concurred.
John Griffith stated he had already met with the
neighbors to resolve many of their issues. The
plan presented to the Council has been cut back
substantially from the original plan in response
to neighborhood concerns.
Councilmember Ricker stated that he expected the
Trammell Crow Company to pay for the houses, plus
the closing costs and moving expenses as the City
has clone when public works projects were
involved.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Helliwell, to direct the staff
to prepare a letter to Independent School
District 264 s%acouraging their response to the
safety concerns identified by Mr. 4tarr in this
area.
Motion carried, five ayes.
0
Regular Council Meeting
November S. 1990
Page 433
U
Director Tvemere reported that this is a request
of Independent school District 284 to amend the
Sit* Plan, Conditional Use Permit, and obtat s a
Zoning Ordinance Variance for Gleason take
Elementary school to install additionaL parking
and for a monument sign. The resolution is
recommended by the Planning Commission. The key
issue needing resolution is the variance for
parking which would be within 25 feet of the
north property line versus the ordinance standard
of 30 foot*
Councilmember Helliwell asked for clarification
of the location of the new parking.
NOTION was made by Councilmember Zitur, seconded 8"MUTIQN_ . 0-703
by Councilmomber flicker, to adopt RZ30LUTION NO. AMENDED SITE PLAN,
90-103 APPROVING AMBiNDED SITE PLAN, CONDITIONAL CUP AND VARIANCE
USE PERMIT AND VARIANCE FOR INDEPENDENT SCHOOL FOR GLEASON LAKE
D13TRICT #284 (WAYZATA) FOR GLZA30N LAKE SCHOOL (90065)
ELZMENTARY SCHOOL (90065). Item 6-9
Councilmember Vasiliou stated that she will vote
against the resolution because parking should •
have been taken into account in the original site
plan.
Motion carried on a roll call vote, four ayes,
Vasiliou nay.
MOTION was made by Councilmember Zitur, seconded U391AUTION 90-704
by Mayor Bergman, to adopt RESOLUTION NO. 90-704 AMENDED SITE PLAN
APPROVING AMENDED SITE PLAN AND CONDITIONAL, USE AND CUP FOR
PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284 PLYMOUTH CREEK
WAYZATA) FOR PLYK UTH CREEK ELEMENTALLY SCHOOL ELEMENTARY SCHOOL
90072). (90072)
Item •6-C
Motion carried on a roll call vote, five ayes.
MOTION was trade by Councilmember Zitur, seconded SZ40LUTIQN 90-705
by Mayor Bergman, to adopt RESOLUTION NO. 90-705 AMZNDED RPUD PLAN,
APPROVING AMENDED RPUD PLAN, CONDITIONAL USE Cl'P, AND FINAL
PERMIT, AND FI'AL SITE PLAN FOR BATON CORPORATION S' rE PLAN FOR
lruR "PARKVIEW APARTMENTS" (APUD 076-1) (A-338) . t rx"VIEW
APARTMENTS
Motion carried ::n a roll call vote, five ayes. (APUD 76-1)
A-338)
Item 44-D
R*,aular Council Meeting
November S, 1990
Fade 434
Director Tremere stated that CVN Companies is
seekiag an amended site plan and soninV ordinance
variance for the former C.O.M.9.3. building. Two
variances ase involved. The first involves the
ex3 sting structure, and the second is for
existing parking which encroach into the
rigmctive minimum yard areas. ?h. a encroachments
were recently discovered as part of the work for
the sale of the building. The staff recommends
the building variance, but not the parking
variance, as the parking could be revised to meet
City Code standards.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to adopt RdSOLUTION NO.
90-706 APPROVING AMENDED 31?9 PLAN AND ZONING
ORDINANCE VARIANCES (both parking and building)
FOR CVN COMPANIZS, INC. FOR THZ FORMER C.O.M.B.S.
BUILDING (90096).
Motion carried on a roll call vote, live ayes.
MOTION was made by Councilmomber Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-701
APPROVING LOT DIVI3ION/CON30LIDATIJN rGR NORMA B.
AND JOHN M MCKBZ TRUST ,WD JOHN i ILLTZRS (900C) .
Motion carried on a roll call vote, five ayes.
MOTION was made by Counci lmember Zitur, aeconded
by Mayor Bergman, to adopt RESOLUTION N0, 90-'.06
SETTING CONDITIONS TO bt MET PRIOR TO F1LINO OF
AND RELATED TO LOT DIVISION/CONSOLIDATION FOK
JOHN WKFZ ( 90 0 90) .
Motion carried on a roll call vote, five ayes.
Director Tremor* stated that the proposal is for
a service station, convenience store and cam wash
at Plymouth boulevard and 'aunty Road 9. An area
of concern is the I.andscapin#i along Plymouth
Boulevard to buffer the site, The staff has
recommended enhancements with evergreen trees to
buffer the site from the roadway and adjacent
multifamily housing. The developer has submitted
an alternative landscaping props; -sal subsequent to
the Planning Commission meeting on October 24.
QLUTEM 9Q-7QG
AMIENDZD SITE P LAN
AND VARIANCES FOR
CVN COMPANIES
90096)
Item 6-E
PMOLUTIN _2Q-707
APPROVING LOT
DIVISION/CONSOLIDA
TION (90090)
Ttem "6-F
MOLUTION VQ -700
SETTING CONVirIONS
TO BE MET PRIOR TO
FILXNG (90090)
Item • 6-F
Amoco Oil Company
90091)
Item 6--G
U
0
Regular Coancil 1+Mieting
November S, 1990
Page 435
Councilmember 4olliwell stated that she wants
be sure the plan is specific so there is no
question about the number, location, and type
troos. She questioned whether the Amoco plan
October 26 was in response to the Planning
Commission recomensationo
to
of
of
Director Tremere stated it was but the Commission
was not specific about enhancements, and that
Plane: Dillerud's proposal as recommended to the
Commission and as contained in the resolution
provides for more dense .screening.
Joseph Finley, 1500 3. Sth Street, Suite 2300,
Minneapolis, stated the staff recommendation
provides for conifers planted on 15 foot centers.
His concern is that this will not buffer the
headlights. Their plan provides for ground level
screening summer and winter by use of a dense
hedgerow. He described this proposed plan ad.s
various types of evergreena and junipers in
addition to berming. He stated they wore not
opposed to the intent of the staff recommendation
or to the earlier City direr:tion for this site;
they just feel that their October 26 plan will do
a better job.
NOTION was made by Councilven%ber Helliwell,
seconded by Counci lmombe,r Lit-,ar, to adopt
RZ30LUTION NO. 90-709 APPROVING AMRNn&D MPUD
PAELIMIisAlo Y PLAN, MPUD CONDITIONAL U39 PRRMIT AND
MPUD FINAL 3ITS PLAN FOR AMOC'I OIL COMPANY
90091) revising Condition No. 10 to delete the
second paragraph and insert: "The landscaping plan
relative to the Plymouth Boulevard frontage
submitted by )Vaoco Oil Company dated 10-26-90
shall be incorporated witki the approved plans."
Motion carried on a roll call vete, five ayes.
MOTION was made by Counc:i lmember Situr, sucanded
by Mayor Bergman, to adopt RZ30LUTION NO, 90-710
APPROVING LOT DIVISION/CONSOLIDATION FOR TERRY
AND KATHI.KEN LZDELL ( 90 0 94) .
Notion carried on a roll call votty, five ayes.
PAULUTIA 2Q --7Q2
Al'ONDBD MPUD PRBL .
P LANs MPUD CUP AND
MPU) FINAL 3ITR
PULV FOR AMOCO OIL
COMPANY (90091)
Item 6-G
RUMUTION 90-71Q
APPROVING LOT
DIVISION/
CONSOLIDATION FOR
LZDZLL ( 90094 )
Item • 6-H
0
Regular Council Meeting
ltov*ober S, 1990
Page 436
NOTION was wade by Councilmember Zitur, seconded PA301UTION 90-711
by Mayor Bergman, to adopt PZ30LUTION NO. 90-711 3ZTTING CONDITIONS
39TTING CONDITIONS TV BZ MET PRIOR TO FILING Of TO BE MET PRION TO
AND RELATED TO LOT DIVISION/I:0030LIDATION, FILING (90094)
APPROVING SUBDIV13rON ORDINANCE VARIAM93 FOR Item 66--H
TWJtY AND KATHLZZN UDELL ( 9 0 0 94) .
Nation carried on a roll call vote, five ayes.
NOTION was made by Councilmember Lit.ur, seconded PA30LUTIOP 90-712
by Mayor Bergman, to adopt RSSOLUZICN NO. 90-712 APPROVING LOT
APPROVING LOT DIVISION/CONSOLIDATIC I FOR LEGIU-N DIVISION/CONSOLIDA
HOMES (90100). TION FOR LRGhN
HOMES (90100)
Motion carried on a roll call vote, five ayes. Item i6 -I
NOTION was made by Councilmember Zit:ur, seconded MOLUTI K. -H-,713
by Mayor Bergman, to adopt RESOLUTION NO. 90-713 '"TING CONDITIONS
SETTING CONDITIONS TO BE MST PRIOR TO FILING OF BE MET PRICK TO
AND RtLATZD TO LOT DIVISION/CONSOLIDATION FOR FILING (90100)
LEGRAN HOMES (90100). I tem *6-1
Wtion carried on a roll call vote, five ayes.
Councilmember Vasiliou stated that she had taken
this item off the Cunsent Ag*Ada to clarify how
Phe landscaping gets done and who guarantees thr
work. She also asked whether planing can be
completed this year.
Director Tremere stated that the tree plantinq
could be done thip year and that according to the
petitioner, Greenworks Landscaping would be
responsible for completing the work and
supporting the bond.
Dill Williams, 1325 Peony Lane, stated that he is
pleased things are moving ahead. He is concerned
however that the trees be replaced if they do not
survive. There are already three dead trees that
have not been replaced and the developer has
seemed to be reluctant to get the work done. He
also inquired about whether a new fence would to
be installed between the apartments and the
adjacent land.
Councilmember Zitur recalled an old fence was to
be removed but he did not re%:all the reyuixement
fot a new fen.,•e.
0
Regular Council Hooting
November S, 1990
Page 131
Mayor Bergman stated this :.s the first time he
has heal d about, a now fence i it was not
appropriate to require that now.
Director Tremor* stated that the approved plan
does not call for a fence.
There was discussion of the three dead trees
identified at the last site inspection. The
petit:.oner's representative stated they would be
replaced along with the twelve new trees.
MOTION was made by Councilmember Litur, seconded
by Ccuncilmember Ricker, to adopt RESOLUTION NO.
90-710 APPROVING SUBSTITUTE SECURITY FOR
LANDSCAPE SUoNVIVABILITY TOP SCHUETT INVESTMENT
COMPANY FOR "COACHMAN TPAILS" (85022),
LOTION to amend was made by Councilmember
Vasiliou, secvnded by Counc.ilmembt:)r Ricker, to
add the requiremaht that the three trees which
have died be replaced with like kind and size
before the financial security is released.
Councilmember Helliwell confirmed that as total of
15 trees would be planted.
Motion to amend carried, five ayes,
Dain motion as once amended carried on a roll
call vote, five ayes.
LOTION was made by Councilm amber Eitur, seconded
by Mayer Bergman, to adopt RESOLUTION NO, 90-715
AUTHORIZING RZL&ASE Of TRZZ PRESERVATION
FINANCIAL GUARANTZZ FOR DZMIIS ARNE - FAWN CRUX
ADDITION (90022).
Notion carr!.ed on a roil call vote, live ayes,
Director Tremere stated that Leonard Busch does
not concur with the agreement wi.ich was dratted
by the City Attorvey. He stated th%t objections
Mr, Busch is stating are based upon an earlier
proposal M:, Busch had made to the City regarding
screening of the lights in hie greenhouse
facilities. Kr, Busch0e October 31 letter was
included is the Council packet,
MQM=QH 20-714
APPROVING
SUBSTITUTE
SECURITY POR
LANDSCAPE
SURVIVABILITY FOR
COACHMAN TRAILS
85022)
Iteae 6-J
M"MUTIQU 1.0-715
RELEASE Of TREE
PRESERVATION
FINANCIAL
GUARANTEE FOR FAWN
C;MZK ADDITION
90022)
Item *6-K
9tatu3 RepcIt On
Len Busch Roses
Regarding
Abatement of
Lighting (90038)
Item 6-L
I
lingular COUnCil Meeting
ober s, 1990
Page 439
Director Tremere asked the City Council for
clarification as to the nature of the performance
the :.ity Council desires and when it is to be
achieved. No also asked whether the Council is
seeking total or partial abatement? Are ai11
greenhouse% to be covered, or the new ones only?
Should staff proceed with a nuisance complaint
received November S even trough the City is
attempting to negotiate a cooperative agreement
with Nr. Busch?
Manager Willis stated staff believed the City
Council wanted the City to work cooperatively to
resolve this iasue. Direction is needed on the
next step to take.
Councilmember Hellivell stated that lir. Busch was
considered by some area residents tn bo a good
neighbor, and not a nuisance. Councilmomber
Ricker asked if the City has received a
complaint, isn't it obligated to enforce the
ordinance?
Attorney Thomson stated that what has been
received is an official complaint. The staff's
obligation is to investigate to see if this is a
public nuisance under Plymouth City Code Section
2010 and return to the City Council for
appropriate action. Nothing in the proposed
agreement with Mr. Busch would preclude such
action*
Councilmember Ricker stated that receiving the
complaint changes the ballgame. Councilmember
Zitur read from excerpts of an earlier meeting
minutes on this subject. He concluded the
residents of Amber Woods had indicated a
willingness to work with Mr. Busch over time.
Councilmember Vasiliou stated residents may have
changed their position since correQtive action
did not seem to be taken and the nuisance
continued.
Leonard Busch, 4045 Highway 101, stated that
while it sounds like he his been resisting or
going the other direction with respect tc
Regular Council Meeting
November 5, 1990
Page 439
screening t1he greenhouses, he has been testing
the available screening technology on the new
greenhouses. This has cost him $40,000. Trere
is a lawsuit pending in California involving the
manufacturer of the curtain and the acrylic which
may determine what is caused an alleged break
down of materials. He is concerned about
investing up to $600,000 for the curtains, only
to find what they will create problems and
require him to pay up to $1.6 million to resolve
lighting concerns without any assurance of
results.
He pointed out those greenhouses on the high
areas and those in the low areas. He described
non -urban residential and non-residential land
uses adjacent to him and questioned whether or
not the glare really affected these
nonresidential uses. He displayed the portion of
the greenhouses to be screened in 1991. Mr.
Busch state) that the objective cannot be
complete darkness and if it were, retail outlets
such as Tom Thumb, etc., should be held to the
same standard,
He is experimenting with the Acreening device,
but should not be expected to make the commitment
to screen the remaining greenhouses until he
knows whether the investment is effective.
Councilmember Vasiliou stated that the Council
has an understanding of what M.r. Busch can't do.
She asked what he would be able to do.
Mr. Busch discussed the Council's requirement for
a plan for a berm; he can't install it until he
has final elevations for Medina Road, Director
Moore stated the preliminary elevations are
available and not likely to change.
Mayor Bergman asked what Mr. Busch could concur
with in the agreement, or what specifically he
would change?
Mr. Busch stated that in Item No. 6 on Page 3 of
the agreement there is language that all light
sources would have to be shut off by 1993. He
can't screen the gable ends of %.he greenhouses,
nor is he sure whether his experiment will work.
I
Regular Council Meetinri
November 5, 19911,
Page 440
City Attorney Thomson stated that the agreement
was based upon Mr. Busch's original plan as are
the paragraphs in question. The fundamental
ismue is that Bucch's original plan said that by
1993 all of the light sources be treated, and the
City's interpretation was that full screening to
abate the light would be completed by 1993.
Councilmember Ricker stated that the timetable
for installation included installation in the
first two buildings. He believes that the
agreement needs to have a "bail-out" clause in
the +vent the experiment does not work or that
the costs simply exceed Mr. Busch's ability to
pay. He should have mileposts identified so the
efforts can be judged as he goes along.
Manager Millis stated that the best way to
resolve this issue is to work cooperatively with
Mr. Busch.
Harold Minterhalter, 18260
that his house is located
greenhouses. his yard is
not shine in his bedroom.
bother him; in fact, they
security purposes.
Medina Rosd, stated
150 feet from the
lit but the light does
The lights do not
are a benefit for
Josephine Hughes, 4025 Highway 101 North, stated
that she would like to know the nature of the
recent nuisance complaint. Mayor Bergman read
the complaint letter. She stated she and her
husband have i+oen residents of the community from
40 to 60 years. Mr. Busch has been there for 25
of those years. Mr. Busch has given a lot to the
community. The light is a nice hazy one. Her
house is located right next door and, in her
opinion, no damage is done by the lights.
She asked about the lights in other commercial
areas and whether or not they would be regulated.
She stated that most persons with a problem could
solve it simply by installing shades in their
bedrooms. She asked whether she developers who
were complaining lived in Plymouth. She read a
letter from another neighbor who was unable to be
present. She hoped that the Council will listen
to those persons who are living there now, rather
than those who may become residents in the
future.
0
0
Regular Council Meeting
November 5, 1990
Page 441
Mayor Bergman observed that the City Council's
job is to respect input from all persons whose
views differ on a matter such as this.
Leonard Btzel, 4125D County Road 101, stated that
e lives right nest to the greenhouse. :he
lights are the best security that he can get. He
doesn't believe that Mr. Busch should have to
wake this major investment.
Mary Leuer, 17435 Medina Road, stated that she
has had no problem with the lights. She said a
full moon can be brighter and the lights help her
watch the deer at night.
3teve Jacobitz, 3520 Urbandale Lane, stated that
he represents Amber Woods Homeowners' Association
whose president is Mr. Russ Maters. The impetus
for tho homeowners' association to register their
concern about the greenhouses was when new ones
were proposed for construction. It was at that
point that the association decided to act upon
what some felt had become a nuisance. When they
purchaoed their homes, no one advised them of the
glow. clhy could the City allow such a condition
to continue? He believes that the City now has
the opportunity to resolve this issue and
shouldn't let it pass.
The homeowners' association is concerned that Mr.
Busch failed to sign any agreement. While they
have encouraged their membership to be patient
for the time being, unrest is becoming more
prevalent. It was their undeestanding that the
problem would be resolved by 1993. At least in
that way there would be no impact on their homes
when they sell them. He stated that the problem
is so extreme that the night sky glows can affect
the market value of the houses and needs to be
disclosed as part of the sale to future
residents.
Bill Pritchard, U.S. Homes, stated that his firm
owns property south along Medina Road. He is
pleased that Mr. Busch is willing to work with
the City Ccuncil to resolve the problem, but they
need a deadline to know when the lighting problem
will be abated.
Regular Council Meeting
No-i ember 5, 1990
Page 102
Peter Pflaum, Lundgren Brothers Homes, stated
that he has expressed his concerns with
approximately seven other developers representing
over 700 future residents of Plymouth in this
area. The developers did not demand a total
blackout; a specific time for compliance is
needed. He stated that the City now has a
complaint and is obliged to pursue it. The
developers and future home owners are looking for
a timetable to assure that a solution is reached
within a reasonable period of time.
Don Meta, 4005 Highway 101, stated he purchased
the apple orchard to the north and went of
Bunch's property nine years ago. He was fully
aware of the lights. He has no problem with
them.
Mary Weineziel, 18820 County Road 24, stated that
she has been selling real estate for many years
in the Amber Woods area. She has newer 4eard a
reaction from people about the lights, and that
some persons have overstated this issue. She
stated the big problem in Amber Woods has been
that of water in basements.
Councilmembei Helliwell stated that she was
concerned about the language in Iters Five and
Six on Page 3 of the proposed agreement.
MOTION was made by Coun:ilmembnr Ricker, seconded
by Mayor Bergman, to direct the City Manager a,a
City Attorney to most with Mr. Bunch and try to
work out an agreement pursuant to Council
clarification regarding abatement.
Mayor Bergman asked if, since two greenhouses hak:
been screened, testing would take place. He
asked that Mr. Busch invite the entire City
Council when the test t..kes place so they can see
it with their own eyes. Manager Willis statel
the staff would look forward to try and resole
the problem in favor of everyone's interest.
Councilmember Vasiliou stated that was a positive
step; her concern is that the legitimate concerns
of the neighbors must be addressed.
Motion carried, five ayes.
0
Regular Council Meeting
November S, 1990
Page 443
Councilmember Vasiliou stated she vents to make
sure the Council protects all p:.st:.es. She
regrets the comments made aba::t wet basements in
Amber Moods.
An application from Craig Scherber involving a
preliminary plat/plan, conditional use permit,
and resoning for Stone Creek has been withdrawn
by the petitioner and no action is required by
the City Council.
INION was made by Councilmember Eitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-' 6
REDUCTION OF EROSION CONTROL FINANCIAL GUARANTEE
FOR CRAIG SCHERPER FOR "SWAN LAKE NEST ADDITION"
89025) .
Motion carried on a roll call vote, five ayes.
Park and Recreation Director Blank stated that
the Park and Pecreation Advisory Commission
PRAC) had reviewed Mr. Scherber's suggestion
that the City acquire his parcel of land at
County Road 101 and County Road 24 for park
purposes. PRAC continues to feel that the
property north of Highway 55, specifically land
at Dunkirk and Old County Road 91 is the proper
location for the next playfield site.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Vasiliou, to direct the Manag*r
to write a letter to Mr. Scherber stating that
the City was not interested in the site he has
proposed for park purposes.
Motion carried, five ayes.
Director Menta stated he w•.)uld be meeting with
the contractor to assurt that reimbursement for
tits neceseari work at Kings North is provided.
If the eontMaetor does not concur, the City will
draw upon the letter of credit.
Councilmember Helliwell asked vhether the open
ditch would be closed as part of this project.
Director Moore stated only these areas that woald
be extensions of the existing storm drainage
system wo-.ild be eivered.
Stone Creek
Item •6-M
R8SOLUTION 20-116
REDUCTION OF
EROSION CONTROL
FINANCIAL
GUARANTEE FOR SWAN
LAKE NEST ADDITION
89025)
Item "6-N
Craig Scharber
Request to
Purchase His
Property at C.R.
101 and C.R. 24
Item 6-0
Kings North
Drainage Concerns
Item 6-P
Regular Council Feting
November S, 1990
Page 444
The report was accepted.
Director Moore reported that the work at Quail
Midge is 99 percent complete. He is trying to
assure that the final work is completed as soon
as possible. The City Council accepted this
report.
MOTION was mala by Counrilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-717
REDUCING DE'VZLOPM NT BOND, BASS LAKE CORPORATE
CENTZR FIRST ADDITION (88146) .
Motion carried on a roll call vote, fivt ayes.
LOTION was male by Councilmembes Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO, 90-71d
REDUCING DEVELOPHMNT BOND, IrJ'.WN CREEK AUDITION
90022) .
Motion carried on a roll call vote, .ve ayes.
NOTION was made by Councilmember Zit . seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-719
REDUCING DEVELOPMENT BOND, PONDEROSA WOODS
ADDITION (88139) .
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmenber Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-720
REDUCING DEVELOPMENT BOND, STEEPLECHASE STH
ADDITION (90068).
Motion carried on a roll call vote, five ayes.
MOTION wary made by Councilmember Zitur, seconded
by Mayor Bergman, to isdopt U.0001JITION NO. 90-121
REDUCING DEVELOPMZFT BUND, PLYMOUTH MEADOWS
ADDITION (88112).
Motion carried on a roll call vete, tive ayes.
Quail Ridge
Item 6-Q
Update
R93OLU 99--x.17
REDUCING
DEV'ZLOPHZNT BOND ,
BASS LAKE
CORPORATE CENTER
FIRST ADDITION
68146)
Item •6-R-1
Q UUTIQIK 29-718
REDUCING
DEVELOPMENT BOND,
FAWN CREEK
ADDITIO:i
900221
Item 06-R-2
RED UC'. iiia
DEVELOPMENT BOND,
PONDEROSA WOODS
ADDITION (88139)
item +6-R-3
AZSQLUTIQN 90-720
REDUCING
DEVELOPMENT BOND,
STStPLECHASE 8TH
ADDITION (90068)
Item •6-R-4
CANOTIN 20-7,21
REDUCING
DEVELOPMENT BOND,
PLYMOUTH MMOWS
ADDITION (88112)
Item *6--R-5
Regular Council !.eating
November S, 1990
Page 445
NOTION was made by Councilmember Zitur, seconded MQLUTION 90-722
by Mayor Bergman, to adopt RESOLUTION NO. 90-722 REDUCING
REDUCING DEVELOPMENT BIND, P7,RNBR00K MANOR DEVELOPMENT BOND,
11DD I T I ON (87128). rzANDROOK mANOP
ADDITION (87128)
Motion carried on a roll call vote, ::ve ayes. Item "6-R-6
MOTION was made by Councilmember Zitur, seconded UNLUT10 8-723
by Mayor Bergman, to adopt REB('.UTION NO, 90-723 REDUCING
REDUCING DEVELOPMENT BOND, NATLRFORD PARK PLAZA DEVELOPMENT BOND,
ADDITION (87027). WATERFORD PARK
PLAZA ADDITION
Motion carried on a roll call vote, five ayes. (87427)
Item 06-K-7
MOTION was made by Councilmember Zitur, seconded USQLVTION 90-74'4
by Mayor Bergman, to adopt RESOLUTION NO. 90-724 REDUCING
REDUCING DEVELOPMENT BOND, CATES PLI&MOUTH DEVELOPMENT BOND,
CREZKSIDE ESTATES (85019). GATES PLYMOUTH
CPEZKSIDE ESTATES
Motion carried on a roll call vote, five ayes. (85019)
Item *6-R-8
MOTION was made by Councilmember Zitur, seconded MMUT10 99-725
by Mayor Bergman, to adopt RZ30LUTION NO. 90-725 REDUCING;
REDUCING DEVELOPMENT BOND, BASS LAKE ESTATES 24"ID DEVELOPMENT BOND,
ADDITION (86C65). BASS LAKs ESTATZS
2ND AUC I T I ON
MSotic.r, carried on a roll call vote, five ayes. (860651
Item 46-R-9
MOTION was made by Councilmember Zitur, seconded 1Z$QLVTIQH 30-726
by Mayor Bergman, to adopt RESOLUTION NO, 90-726 REDUCING
REDUCING DZVSLOPM>LNT BOND, WILD WINGS 4TH DEVELOPMENT ®OND,
ADDITION (09050) . WILD WINGS 4TH
Amin )N (990`O'
Motion carried on a roll ca:.l vote, five ayes. 1t;,n •e -R-10
MOTION was made by Councilm*T.LwL Zitur, seconded MNLUTIQN 90-7267
by Mayor Bergman, tn muopt RESOLUTION NO. 90-727 ACk'EPTING PETITION
DECLARING Al1ZQUACY or PETITION AND ORDERING AND ORDERING
PREPARATION OF REPORT, STREET LIGHTING - BAY REPORT, STREET
POINT~ ON MOONEY LAKE. LIGHTING - SAY
POINTE t1N MOONZY
Motion carried on a roll call vvto, five ayes. LATE
Item 1115• S-1
11
e
Regvl w r, Council Meeting
November 5. 1990
Page 446
MOTIC111 was "do 'vy Counci.Lmemvez Z;;.uz, U3QLUTW4N .9Q -72a
by Mayor Bergman, to adopt RESOLUTION NO. 90-728 RZCLi v iii ZOMPORT
RECEIVING REPORT AND ORDERING PROJECT - STRZZT AND ORDERING
LIG1100ING BAY POINTE ON NO OOZY LAKE ADDITION. STREET LIGHTING -
BAY POINTE ON
Notion carried on a roll call vote, five ayes. MOONEY 1J=
Item "6-5-1
MOTION was made by Councilmemb*r Zitur, seconded PZ30LUTLQN 90-729
by Mayor Bergman, to adopt RZSOLUTION NO. 90--729 ACCEPTING PETITION
DECLARING ADEQUACY Or PETITION AND ORDERING AND ORDZIIIN'a
PRZPARATION OF REPORT, ZTAZZT LIGHTING - REPORT, STREET
STEEPLECHASE STH ADDITION. LIGHTING -
STEEPLECHASE STN
Motion carried on a roll call vote, five ayes. ADDITION
Item *6-5-2
MOTION was made by Councilmember Zitur, seconded MOLUTIOV 9Q-730
by Mayor Bergman, to adopt RESOLUTION NO. 90-730 RECEIVING REPORT
RECEIVING REPORT AND ORDERING PROJECT - STREET AND ORDERING
LIGHTING 3TRULZCRASZ STH ADDITION. STRUT LIGHTING -
STEEPLECHASE STH
Motion carried on a roll call vote, five ayes. ADDITION
Item 116-3-2
MOTION was made by Counc:iimomber Zitur, seconded MQLUMN 90-731
by Mayor Bergman, to adopt RTSOLUTION N0. 90-731 ACCEPTING PETITION
DECLAA.ING ADEQUACY OT PETIT10N AND ORDERING AND ORDERING
PRZPARATION OF REPORT, STnET LIGHTING - FAWN REPORT, STREET
CRZEK ADDITION. LIGHTING - FAWN
CREEK ADD 1 T I ON
Motion carried on a roll call %rote, five ayes. Item • 6-S-3
MOTION was made by Councilmember Zitur, seconded MSQLUTLON 9Q-732
by Mayor Bergman, to adopt RESOLUTION NO. 90-732 RIictiVING REP- vi
RECEIVING REPORT AND ORDERING PROJECT - STREET AND OP DZRI NG
LIGHTING FAWN CREEK ADDITION. STRZ3T LIGH'T'ING
FAWN CREEK
Motion carried on a roll call vote, five ayes. ADDITION
Item 46-S-3
MC noN was made by Councilmember Zitur, s*conded FAMUT10 90-733
by Mayor Bergman, to adopt WOLUTION No. 90-733 ORDERING RZARING
ORDERING PUBLIC HEARING IN THE PROPOSED VACATION ON VACATION OF
OF A ROADWAY EASZMNT (ANNAPOLIS LAND EXTENSION) ANNAPOLIS LANE
DOCUMENT NO, 455713 EXTENSION
Item 66-T
Motion carried on a toll v&'.1 vote, five ayes.
0
Roqu!T,r Council Meeting
W*va+tber 5, 1990
Page 447
NOTION was vada by Councilmember Zitur, seconded
by Mayor Ber9uan, to adopt RESOLUTION NO. 90-734
APPROVING PLANS AND SPECIPICATIONB, SCHMIDT
GARDENS NATZPMIN IMPROVEMENTS, CITY PROJECT NO.
034.
Motion carried on a roll call vote, five ayes.
NOTION was made by Councilmember T!tu4, seconded
by Mayor Bergman, to adopt RASOLUTION NO. 90-735
APPROVING CHANGE O1tDEA N0, 1, COUNTY ROAD
101/COUNTY ROAD 9 TAUNX WATZRMAIN, CITY PROJECT
W). 012.
Notion carried on a roll call vote, five ayes.
NOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adr." t ;.ESOLUTInH NO. 90-736
I N STALLAT I O!1 OF S TJY SIGNS.
Notion carried on a roll call vote, five ayes.
NOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO. 90-137
RZIIUESTING HENNEPIN COUNTY DEPARTMENT OF
TRANSPORTATION TO CONDUCT SPEED STUDIES, 'OUNTY
Raw 9.
Motion carries: on a roll call vote, five ayes.
W.1TION was made by Councilmomber Zitur, seconded
by Mayor 5^rgaan, to adopt RESOLUTION NO. 90-736
FAVISING CHANGZ ORt)ER NO. 31 WELL NO. 11
I"TERMAIN, CITY PROJZCT NO. )09.
Motion carried on a roll call vote, five ayes.
MOTION was made ty Councilmember Zitur, seconded
by Mayor Bergman, to adopt RZbOLUTION NO. 90-739
REQUEST *CSR PAYMZNT N0, 70 DRILLING OF WELL NO,
110 CITY PROJZCT NO. 909.
Motion carried on a roll call rote, five ayes.
MOTION was made by Coatncilmember Zitur, seconded
by Mayor Bergman, to adopt RESOLUTION NO, 90-740
APPROVING CHANGE 0"919 NCS. 3, CONSTRUCTION OF
FIRE STATION N0, I, CITY PROJECT NO. 825.
Motion parried can a xoll call vote, fico ayes.
Z39LUTUN 90-731
APPROVING PLANS/
SPECIFICATIONS,
PROJECT NO. 034
Item •6-U-1
RL=UT LW .91t - 7 3 S
APPROVING CHANGE
OADER NO. 1,
PROJECT NO. 012
Item '6-U-2
FM QLUT I4N 90-736
INSTALLATION Of
STOP SIGNS
Item +6-V
PMQLUTIQN 90-737
REQUESTING SPEED
STUDIES, COUN': Y
RnAp 9
Item • 6-N
RZSMUON 90-730
REVISING CHANGE
ORDER NO, 3
WELL VO. 11
PRuJZCT NO, 90q
Item 66-X-1
USOLUMN 20-732
PAYMiNT NO, 7
4ILL NO. 11
PROJECT NO, 909
Item •6--X--2
UNLUT10 9Q •740
APPROVTN3 CH4NGE
f?RDER NO, 3j
FIRE S TAT T ON NO. I
PROJECT N o . 8.25
Item 'h -Y
0I
u
Regular Council Mooting
tlovember S, 1990
Page 440
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergs", to adopt RESOLUTION NO, 90-741
PZQU93T FOR PAYMENT 00. 4 AND FINAL, DEEP WELL
NO. 12 - PUtVING FACILITY, CITY PRn..ECT NO. 909.
Motion carried on a roll call vote, five ayes.
Assistant Manager Boyles stated than the City
Attorney had reached an agreement with
representatives of Kevin and Lillian Begin under
the torso of whict, a nuisance assessment would be
revised from $36,000 to $16,000 and the court
appeal would be dropped,
MOTION was made by Councilmember Vasiliou,
seconded by Councilmomber Ricker, :.o adopt
U30LUTION NO. 90-742 AUTHORIZING T4.Z MAYOR AND
CITY MX8UlGIGIt TO 914TZR INTO A 3ETTLZWsNT AGRZEMZ1JT
188-16672) - BEGIN/CITY OF PLYMOUTH NUISANCE
ABATEMENT A33ZSSMNT AND RKA33933INr THE PROPERTY
LOC:ATZD AT 4300 FZ.AMROOK LANE00000
lotion carried on a roll call vote, five ayes.
Director Tremor* reported that he arc. the PublLc
Works Director reviewed the Lake Camelot Estates
3rd Addition site earlier in the day with the
developer, rosidents, and the Mayor. The
inspection was done to verify that certain
improvements ar3 not completed as reflected in
the October 22 memorandum from Engineer Moore.
Attorney Thomson stated that in addition to site
work the conditions of the letter of cred.t
relate to the filing of homeowner association
documents.
Vivian Starr, 6060 Annapolis Lane,
she Dias been a resident of the or
1988. Since that time there have
walk-throughs of the development
or his representatives. After ea
promises were made that the work
stated that
ea since Mry,
boon numerous
with Mr. Ha;stad
ch walk-thrvuyh,
would be done
and nothing has nappened. She is encouraging the
City Council not to accept any more delays and
act at this time by using the financial guarantee
to undoctake the remaining work.
U3"UUQN 90-741
PAYMENT NO. 4 AND
FINAL, DEEP WELL
NO, 12, PROJECT
NO, 909
Item 6-Z
RAQLVTON 9f)-742
SZTTLZMZNT
AGREEMENT ON BEGIN
NUI3ANCZ ABATEMENT
ASS23SMXNT
Item 6 -AA
Lake Camelot
Estates
89044)
Item 6 -DB
0
II
FAMOUS Council Meeting
it Tember S, 1990
Page 449
Stove Schmitt, 1900 Silver Lake Road, Now
Brighton, stated he is an employee of Mr,
Harstad's. So has walked through the site with a
group today. No ;Mated that the financial
guarantee does not expire until April 1, 1991,
and it is for about $00,000. He suggestod that
the City and Developer select an engineer to
prepare a cost estimate to complete the work, the
City would be provided the case. and when the
Nomieowner's Association is fully established, it
would becoue responsible for completing the work.
Mayor Bergman qu*etioned how the City would
accomplish work such as this under similar
ciraunstance•.
engineer Moore stated the City would cash the
letter of credit and establish an escro" account.
Any work over $15,000 would require a biddJag
process.
Mike erutlag, 6080 Dallas Lane, stated he is an
attorney and concerned about the legal situation.
There is a title problem affecting the common
property, The property needs to be deeded to the
homeowners' association. Mr. Harstad
historically has tied this land transaction into
the resolution of the problems for additional
leverage. qtr. Harstad now has to pay the taxes
on the property and complete the title work.
Given the delays, the City needs to help the
residents conclude this matter.
Attorney Thomson stated the letter 4f credit
should not be reduced whatsoever in order to
ensure that both legal and physical steps are
taker.. The legal aspects should take no longer
than two weeka. The City can cash the letter of
credit since the terms of the agreement were not
met,
ltevs Schmitt rtat.ed he cannot commit Mr, Harstad
to anything without his knowledge,
DirW or Moore stated he was concerned about the
amount of time that would be necessary to define
the work that needs to be don* and in monitoring
completion so that the City would not be
A
J
Regular Council meeting
November S, 1990
age 450
overcharged. Be estimated that the survey crew
work could amount to $2,00043,000.
Coun :ilmember Nelliwell stated the homeowners'
assouiation is tired of unkept promises by the
developer. Mayor Bergman asked if the grading
could be coMleted this year. Director Moore
stated it would be unlikely this tall given the
wetness in now of the areas.
MOT1014 was made by Mayor borgman, seconded by
Councilmember Relliwell, to direct that the
letter of credit be case»d and piaced in an
escrow ac:ount and to ensure that the remaining
work is undertaken as quickly as pessible.
Motion carried on a roll calk vote, five ayes.
Assistant Manager ouyles reported t:•#t
representstives of Kenny's Liquor, ic. have
agreed to waive their right to a pu.*ic hearing
and pay a $2,000 tine for the third liquor
vinlat..on against the store, which occurred in
April, 2990.
MOTION was made by Cuuncilmembea vasill.ou,
seconded by Couacilmember Ricker, that the staff
be directed to inform Kenny's Liquor, Inc., that
Kenny's rwquest to waive the public hearing is
granted and that the $2,000 penalty has been
asaessta and that the money is to be deposited in
the Cit,y's D.A.R.d. account.
Motion carried, live ayes.
Director Moore stated he is requesting that the
CitV Council review the proposed Cal;tal
Improvement Program for 1991-1995 and provide
suggestions for revision prior• to final
consideration later this year.
aouncilmomber 61tur stated that the dirt road by
the Powell Lincoln-Mercury business should
receive some form of dust control or improvement.
Director Moore stated the City could pave the
road but that tl.ia road is to be abar-doned and
that the cost for any improvements Would have to
be paid by the City.
Kenny's Liquor Law
Violatif%n
Item 6 -CC
Capital
Improvements
Program
Item 6 -VD
0
Regular Council Meeting
November 5, 1990
Page 451
Councilmember Hellivell stated the dust situation
is very difficult on this and other roads because
it is impossible to keep the roadway moist at all
times.
Director Mooren stated that as development takes
place, right-of-way is normally taken through
dedication and improvements are assessed against
the benefiting property. In this area there is
no developing property.
Councilmember Helliwell asked why Schmidt Lake
Road was being improved when there was no
development in the area. Director Moore stated a
development contract provides for the completion
of Schmidt Lake Road. He further stated that
dust control along the Powell Lincoln-Mercury
piece would be 1/4 to 1/2 mile. This roadway
will be abandoned when another roadway segment is
complete.
Councilmember Helliwell asked whether tLe road
should be abandoned now. Councilmember Zitur
stated the property owner adjacent to the roadway
pays taxes and the City should do something to
control dust. He expressed concern that if this
roadway were abandoned, care would cut through
34th Avenue, which is something residents have
previously expressed concern about.
MOTION was made by Councilmember kicker, seconded
by Councilmember Zitur, that the Public works
Director implement dust control procedures within
one block of the County Road 9/Xenium Lane
intersection.
Motion carried, five ayes.
Marilyn Thompson, 11018 Old County Road 15, asked
why the City is not making plans to acquire
property for County Road 73. She to ated she was
pleased to receive a letter from th`. City Manager
providing her with information about the
potential development of this roadus' She
understands that the Planning Commission is
recommending than the County Road 73 alignment be
moved back to 1993. On the oths,r hand, she is
aware that the I-394/County Roa%! 73 intersection
will increase traffic and accelerate the need for
Regular Council Meeting
November 5, 1990
Page 452
the road's completion. She asked for a
clarification on this situation.
Manager Willis stated the City can't assure
whether the work schedule on this roadway will be
based on actual traffic volumes or if specific
development petitions might accelerate the work.
Consequently, the City cannot be sure of the
timing of the project.
Councilmember Zitur stated a major concern is the
Minnetonka redevelopment which is likely to make
the road necessary.
Councilmember Vasiliou asked about the proposed
Community Center for 1991.
Manager Willis stated the City Council needs to
make a determination with respect to this issue
on whether or not and when a Community Center
would be considered. If it is to be considered,
t:,en i1nancing must be established.
Councilr*mber Zitur asked that a survey be
conducted to determine whether the Community
Center is desired by the community.
Councilmember Helliwell stated that the Financial
Task Force is to deal with this issue.
Mayos• Bergman stated he wants to hear more about
the City's ability to finance these projects
through the Financial Task Force strategic
planning activities.
Manager Willis stated the Financial Task Force
information will assist in planning for such
capital improvements.
MOTION was made by Councilmember Helliwell to
delete Schnidt Lake Road from t z6 1yyl-1995
Capital Improvement Program.
Motion died for lack of a second.
Park and Recreation Director Blank stated that
Item No. 14, Timberdhares Parking Lot, should be
moved to 1991 given the fact that Door Ponds is
to be constructed in the near future. It would
Regular Council Meeting
November 5, 1990
Page 453
be preferable to have the parking lot
the houses are in place, and it would
improve safety concerns because of the
parking on Zachary Lane.
in before
also
pressnt
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to move Item No. 14,
cnq:%1*tio.,& of the Timbershoret Parking Lot, to
195.* in the Program.
Motion carried, five ayes.
Assistant Manager Boyles reviewed the proposal
implement a comprehensive Customer Service
Prog-am at Plymouth, the total cost of which
would be $30,000 for the first year.
to Proposed Customer
Service Program
Item 6 -EE
Councilmember Vasiliou suggested a less expensive
program such as the $1,000 program used by Maple
Grove or Blaine might be more effective.
MOTION was made by Colincilmember Zitur, seconded
by Cour.zilmember Ricker, to table the proposed
Customex- Service Program pending receipt of
information about the Maple Grove and Blaine
customer service efforts.
Motion carried, five ayes.
Assistant Manager Boyles stated the City has
retained $150,000 of Medicine Lake Line's money
to protect itsell" ayainat audit claims made by
the Regiona' Transit Board (RTB) for Metrolink
service between 1983 and 1990. An agreement has
now been reached between the RTB, Medicine Lake
Lines, and the City which will protect all
interests and allow the $1500000 to be released
to the RTB. The agreement is recommended for
Council adoption.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90-743 AUTHORIZIh3 THE CITY MANAGER TO ENTER
INTO A SETTLEMENT AND MUTUAL RELEASE AGREEMENT
WITH MEDICINE LAKE LINES AND REGIONAL TRANSIT
BOARD.
Motion carried on a roll call vote, five ayes.
MOLUTI4N 90-743
AUTHORIZING
SETTLEMENT
AGREEMENT WITH MLL
AND RTB
Item 6 -FF
Regular Council Meeting
November 5, 1990
Page 454
Assistant Manager Boyles stated that at the
October meeting, the City Council directed that a
one-year extension of the MTC contract not be
considered until a report is supplied on the
number of breakdowns which have occurred and a
survey of passengers takes place. A report was
submitted by MTC showing that of 2.886 trips, 27
service related calls have been required. The
MTC has now placed a spare bus by the park and
rid* lots in the morning and by the downtown
pickups in the evening so that the vehicle can be
called in quickly in the event of breakdown.
A survey of 349 Plymouth Metrolink passengers
showed that there is strong support for the
service provided by the MTC with over 292 people
or 95 percent stating that all in all they rate
the MTC service to be satisfactory, above
average, or excellent.
MOTION was made by Couns-ilmember Helliwell,
seconded by Councilmember Vasiliou, to adopt
RESOLUTION NO. 90-744 AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INTO AN EXTENSION OF THE
1990 AGREEMENT FOP OPERATION AND MANAGEMENT OF
THE PLYMOUTH METROLINK SYSTEM WITH THE
METROPOLITAN TRANSIT COMMISSION.
Motion carried on a roll call vote, five ayes.
Park and Re.,reation Director Blank stated he is
seeking City Council approval for the location of
ice rinks for 1990-91 asaaon.
MOTION waa made by Councilmamber Helliwell,
seconded by Councilmember Vasiltoii, to adopt
RESOLUTION .40. 90-745 APPROVING ICE SKATING RINK
LOC%TIONS FOR THE 1990-1991 WINrER SEASON.
Motion carried on a roll call vote, five ayes.
Councilmember Vv.eiliou asked whether a price
could be obtained an printing the recreation
insert as a sinal' 11 x 17 inch folded insert
into the Plymouth Nwwa. She rzquested staff
check on a six month, rathm-r than twelve month,
extunaion and what the coat might be lir the
revised insert format.
PZ10L=1W 20-744
AUTHORIZING
EXTENSION OF THE
1990 AGREEMENT FOR
METROLINK SYSTEM
WITH MTC
Item 6 -GG
U30JAUTION 90-745
APPROVING ISE
SKATING RIMY
LOCATIONS
Item 6 -HH
Regular Coune it Meeting
November S, 1990
Page 455
40TICN was made by Councilmemboz VasAli,:,u,
seconded by Mayor Bergman, to table this item
until additional information is provided to the
Council.
Mution carried, fide ayes.
Public Works Director Moore stated the Special
Assessment Committee had met to discuss a number
of issues. The first was private streets. He
stated that they are in the process of
identifying the approximate cost of maintaining
the to, -al mi'.eage of City streets.
Councilmember Heliiwell Sugg•=!ed that there is a
New Jersey model where streets have bwFn phased
in from private to public ow,,ership, where
financial responsibility is shifted each year
ever time.
with respect to deferred special assessments, the
Committee recommends that the deferral be made
for the six assessments for five years and at the
end of the original assessment, no further
interest would be charged. The property owners
would be provided with a 90 -day period to pay off
the principal without interest.
MOTION was made by Councilmember Ricker, seconded
by Mayor Bergman, to adopt this recommendation.
Motion carried, five .yes.
The A.ssGS3ment Committee recommends that with
respect to the County Road 9 watermair, project,
that any homestead property with a single family
home on the opposite aide of the roaaway from the
watermain would not receive City water service
unless specifically requested by the property
owner. If no water service ie installed, the
property would not be assessed for lateral water
uenefit. If the property owner requests water
service to be installed, then the property owner;
would be assessed for a maximum of 1651 of
frontage for lateral watermain assessment. The
properties would be assessed for water area
benefit. There would be no deferral of this
assessment.
Plymouth
Newsletter
Item 6 -II
Special As.essment
Committee
Item 7-A
I
0
Regular
November
Page 456
ouncil Doting
so 1990
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to approve this
recosamendat ion .
Motion carried, five ayes.
MOTION was wade by Councilmember Zitur, seconded
by Mayo_ Doi. -.*an, to adopt RESOLUTION N0, 90-746
APPOINTMENT LTi MAYOR KIM M. BERGMAN TO PLYMOUTH
CIVIC LEAGUE.
Motion carried on a roll call vote, five ayes.
finance Director Hahn reported on the Third
Quarter Financial Statement. He stated that
permits for new construction aro lower than last
year. He noted that permits for remodeling are
up and these type of permits can involve a
substantial amount of time to service.
MOTION was isade by CouncilmemlGer Ricker, seconded
by t'nunct lmembor 8itur, to accept the report.
Motion carried, five ayes.
Manager Willis reported that the City had
acquired a site for senior citizen housing
through Community Development Block Grant (CDBG)
funds. Tlie agreement provided the City six years
in which to develop the site. Nothing has
occurred because federal funds have not been
available to assist in subsidizing the
construction and private sectir development
proposals have not been able to adequately
finance construction in order that the rents can
meet federal guidelines.
Dave Crain, Chair of tt.a Housing and
Redevelopment Authoritj (HRA) reviewer` the staff
memorandum and staffed that the HRA has concluded
it is appropriate to pursue affordable senior
citizen housing on the site and that financial
informatiot, has been developed through the City
and HRA which indicates that it is possible for
the City of Plymouth through the HRA to develop
the site. The City should purchase the site so
the federal grant constraints could be lifted and
so eventually the HRA could proceed at the
Council's direction toward senior citizen housing
development.
UhWLS1 QH. 21-7411
APPOINTMZNT OF
MAYOR TO PLYMOUTH
CIVIC LLAGUR
Item •7-B
HRA - Senior
Citizen Housing
Site and
Development
Item 7-D
Regular Council Meeting
November S, 1990
Page 457
NOTION was made by Councilmember Vasiliou,
seconded by Councilmembar Zitur, to adopt
RASOLUTION N0. 90-747 AUTHORIZING MAYOR AND CITY
MANAGER TO ACQUIRZ OUTLOT A, PLYMOUTH HILLS 4TH
ADDITION.
Motion carried on a roll call vote, five ayes.
Public Safety Director Carlquist stated that the
Public Safety Building Committee is recommending
to the City Council that the architectural team
of Polson-Trossen-Wright be selected to design
the public safety building. The primary concern
which the Colmittee had was the "grossing factor"
use: by Po.laon-Trossen-Wright. After additional
ir.q s:y, the; are now comfortable with the basis
for the factor used.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Zitur, to adopt
RESOLUTION NO. 90-748 SELECTION Of PUBLIC SABdTY
BUILDING ARCr1,r9CT AND CONTINUED ROLE OE PUBLIC
S"9TY COMMITTEE.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to direct the City
Attornay to provide the Council with information
about thq pcssibility of establishing a
moratorium cn building permits in the area around
Len Busch Roses, inc., until the lighting issue
is reaoived.
Motion carried, five ayes.
Councilmember Zitur stated that County
Commissioner Tad Jude is looking for positive
support on the community library issue.
Mayor Bergman stated he has asked the City
Manager for a list of City Council directions.
He stated iswould be helpful for the C uncil to
know the status of these projects underway so
they understand tha load the staff is carrying.
Councilmember Va4iliou asked %tout the status f
aturage buildi•ous at Oakwood Playfield. She
PMQLUTLON- 90-747
ACQUISITION Of
OUTLOT A, PLYMOUTH
HILLS 4TH ADDITION
Item 7-D
Pi30LUTION 20-748
SELZCT I ON Or
VUBLI.: SArETY
BUILDING ARCHITECT
Item 7-6
Reyueat for
Opinion on : ermit
Moratorium - Len
Busch area
Plymouth Library
List of Council
Virecteves
Stlltage facilities
at Oakw00%1 Svhk.lu!
0
AWgular Council Mooting
Navember S, l S y0
Page 458
stated she is interested it knowing whether
additional storage facilities would be installed
and whether thio was consistent with the City's
zoning osdinanim 6
Councilsomber Wasiliou asked the stators of the
City Code revisions on laadscapi;rg improvements
and entrance monuments, Director Tromere stated
a draft ordinance has been prepared for :fanning
Connission review at public hearing.
Couacilsomber vastliou requested that a report be
provided on tivak and debris in yards and how the
City presently enforces such problems, She asked
that the issue of j4ak cars be addressed as well.
City Manager Willis stated that Sumek and
Associates will be available to greet with the
Council on December 7. He encouraged Council
members to call Sumek representatives prior to
this time if they desired. Cuuncilmembers
ouggooted than a }ire -interview take place with
each City Councilmember individually.
Manager %illis reported that the Park and
recreation Budget will be discussed at 9:00 a.m.,
Tuesday, November 6. Councilmsmbers Helliwell
and Rickec are on that Committee. A Budget study
session was scheduled for November 21 at 6:00
p.m. with the entire City Council, Another is
not for November 26 at 4;00 p.m.
The Council directed that a "Fact Shoot" be
prepared for their use in responding to questions
they will receiver from residents about the Truth
in Taxation statements that are being mailed out
on November 6.
The meeting adjourned at 11:53 p.m.
Landscaping
Improvements,
entrance
Monumonts
Junk/Debris
Sumek 4 Associates
fire oopt. Study
5ndge* Meetings
Tax Statements
0