HomeMy WebLinkAboutCity Council Minutes 01-28-1991 SpecialMINUTES
SPECIAL COUNCIL MEETING
JR.I,7UARY 28, 1991
The special 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, 3400
Plymouth Blvd., on January 28, 1991.
PRESENT: MayoY. Bergman, Councilmembers
Helliwell, Ricker, Vasiliou
ABSENT: Councilmember Situr
STAFF PRESENT: City Manager Willis, Assistant
Manager Boylea, Community Dei elopment Director
Tremors, Public Works Director Mooee, Finance
Director Hahn, Park and Recreation Director
Blank, City Attorney Thomson, and City Clerk
Rauenhorat
Mayor Bergman presented a plaque of appreciation Plaque to Barbara
to Barbara Edwards who recently retirud after. Edwards - PRAC
serving nearly 23 years on the Plymouth Park and Item 4-A
Recreation t.dvisory Commission.
OMNT-AGEMA
The following items were removed from the Consent
Agenda: 8-B, 8-G, 8-K-2, 8-M, 8-X.
MOTION was made by Councilmember Vaailiou,
seconded by Councilmember Helliwell, to npprore
the Consent Agenda as amended.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to approve
the January 7, 1991, Counoil minutes.
Motion carried on a rola cell vote, four ayes.
L'
Consent Agenda
Item 5-A
Minutes
Item *6
C
Special Coun-il Meeting
January 28, 1991
Page 20
Mayor Bergman opened a public hearing at 7:12
p.m. on Assessments for 1990 Meed Eradication and
Destruction, Roll 2. No one appeared and the
hearing was closed at 7:12 p.m.
MOTION was made by Councilmember Vaailiou,
seconded by Mayor Bergman, to adept RESOLUTION
NO. 91-54 ADOPTING ASSESSMENT, 1990 WEED
ERADICATION AND DESTRUCTION, ROLL 2.
Motinn carried on a roll call vote, four ayes
Mayor Beraman opened a public hearing at 7:13
p.m. on a proposed recycling collection service
ordinance which would establish a fee for
recycling collection services.
Pubic Works Director Moore explained the history
of the City's recycling program and the various
County mandatee that attemrt to reduce reliance
on landfills. Hennepin rovAnty cities are
mandated to either provide recycling or
participate in a County prov-am. Last yftar
cities were mandated to comply with new yard
waste disposal requirements. In 1991, cities are
required to establish recycling for multiple
family -4nits.
He stated that the frequercy of pick up stait•d
at once per month, was adjusted to twice per
month, and is now weekly. In 1990 the
City/County funding of the solid waste program
was 20/80 percent. In 1991, it is anticipated
that the City will quality for only 70 percent
County funding of the program cost..
Directos Moore stated that the total cost of the
1991 Plymouth Solid Waste Program including
recycling and ya::d waste is estimattd at
420.700. Assuming 70 percent County funding,
the estimated coot to the City is $174,610. This
coat divided by the number of households in the
City in about $1 per month -- tAe amount of the
propos#d fee.
He supplied :eeults of a survoy from comparable
cities which indicate that fees rurge from $1.25
RESOLUTION 91 -JA
ADOPTING
ASSESSMENTS, 1990
NEED ERADICATION
ROLL 2
Item 7-A
Public Hearing -
Recvcling Fee
Item 7-B
0 a
Special Council Meeting
January 28, 1991
Page 21
per quarter to $2.45 per month. The City
received five phone calla and seven letters from
residents relative to the proposed fee. The
followi:ig comments were received: Residents who
recycle should be exempt from the fee. The
That's Not Trash, It's Canh" Program should be
discontinued or restructured. The recycling bins
are too small. Recycling pick up is too often.
The City should get out of the recycling
business.
The Council discussed the frequency of pick up.
Project CoGrdinator Pouliot stated that the
frequency of pick up has a direct relationship co
tld amount recycled. When the City Ment from
biweekly to weekly pick up, the collection
increased from 60 to 300 tons per month.
Philip Wencl, 3900 Glacier Place, stated the
proposed fee .is nr'%-. a good idea. He stated the
Council should only implement the fee if it will
stimulate more recycling.
Cliff Bigley, 3.0611 39th Avenue North, stated he
is opposed to the proposed fee and considers it
Just another tax increase." He is opposed to
any fees in addition to the basic property tax.
Fydis Kargae, Plymouth-%Vayzata League of Women
Voters, state#d that rocyoling participation needs
to be increased and the volume and types of
materials shoi-Id be expanded. She stated the
proposed $1 Fes• month fee is small in comparison
to the cost :if aOding a landfill.
In response to a question from Philip Wencl,
Coordinator Pouliot explained the current
pl-ocedures for paper recycling.
No cne elba arpeared for the hearing, and it was
clo-aed at 7:30 p.m.
Counc!.lmember Vasiliou asked if participation in
the wsokly recycling program is declining. Coordinator Pouliot statod it is his opinion that
participation is not declining. The volumes of
recyclables collected each montl: are comprrable
to volumes leas year.
Special Council Meeting
January 28, 1991
Page 22
Councilmember Vasiliou asked staff to respond to
resident suggestions that pick up be 'less
frequent than once a week and that the cash
incentive program be eliminated. She also asked
about the proposed duties of the Recycling
Coordinator position which is budgeted for 1991.
Coordinator Pouliot stated a gzeater volume is
collected on a weekly pick up, rather than on a
less frequent basis, and this financially
benefits the City. The City is charged based on
the total number of households available to
participatee in the program.
Director Moore stated that it is anticipated the
Recycling Coordinator will spend a considerable
amount of time implementing the mandated
recycling programs for apartment complexes. In
additicn, the Coordinator would be continuing the
oxisting recycling program and yard waste
program. He stated it is likely thRt mandated
recycling will extend to businesses JA future
years.
Councilmember Ricker noted that the $1 per month
fee is proposed to be charged on the monthly
utility bill. He asked how residents will be
charged if they don't currently receive a utility
bill.
Manager Willis stated it would still be billed
tarough a utility bill, but only Trailed once or
twice a year. Attorney Thomson confirmed that
the language in the proposed crdinance provides
latitude for this type of billing procedure.
Mayor Bergman stated that he believes itemizing
this fee on the utility bill is more accountable
than including the funds in the budget and
funding the program through property tax dollars.
Residents will be better able to track changes in
the fees and v. -.)ate of the program.
Coordinator Pouliot stated there are alternative
ways of funding, such as through a per household
fee charged to refuse haulers, but the resident
ultimately pays the cost whichever method is
chosen.
Special Council Meeting
JanuaLy 26, 1991
Page 23
MOTION was made by Mayor Bergman, seconded
Councilmember Vasiliou, to adopt ORDINANCE
91-3 AN ORDINANCE RELATING TO RECYCLIUG
COLLECTION SERVICES; AMENDING SECTION 600
PLYMOUTH CITY CODE.
by ORDINANCE 91-3
NO. RECYCLING
COLLECTION
OF THE SERVICES
Item 7-B
Motion carried on a roll call vote, four ayes.
MOTION was made by Mayor Bergman, seconded by RESOLUTION 91-55
Couiavilmember Vasiliou, to adopt RTiSOLUTION NO. ESTABLISHING
91-55 ESTABLISHING RECYCLING COLLEZTION FEES 01 COLLECTION FEB
CYCLING
per dwelling unit per month). item 7-B
Mc.zion carried on a roll call vote, four ayes.
Councilmember Vasiliou stated she is willing to
try this fee for a year, but wants to evaluate it
during the 1992 budget considerations.
Mayor Bergman opened a public hearing at 7157
p.m. on vacation of a portion of a Loadway
easement (Vicksburg Lane) within Parcel 17-118-
22-13-0001. No one appeared for the hearing, and
it was closed at 7157 p.m.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-56 AUTHORIZING THE VACATION OF
A PORTION OF A ROADWAY EASEMENT (V_CRSBURG LANE)
DOCUMENT NO. 4629877.
Motion carried on a roil call vote, four ayes.
Community Development Tremors stated that the
Planning Commission, on a vote of 5-2,
recommended denial of the request of Ryan
Construction Company for a Mired Planning Unit
Development Plan .and Conditional Use Permit
Amendment. The request would increase the
allowable area for wall signage at Waterford Park
Plara 4:rom the oruinance standard of 5 percent to
10 pe -cent of the wall to which the sign would be
attached.
He stated that the January 21, 1991, letter from
F.yan Construction Company, recaived subsequent to
the Planning Commission meeting, indicates the
petitioner would be willing to limit signage to
certain walls.
negOL•UTJON 91-56
VACATION OF A
PORTION OF
VICKSBURG LANE
Item 7-C
Ryan Const. Co.
MPUL Plan and CUP
Air,andment to
Increase Nall
Signage at
Watorford Park
Plas-t (90076)
item S-A
Special Council Meetiny
January 28, 1991
Page 24
Vincent Driessen, Ryan Construction Company,
stated this request is being made on behalf of
the Plaza's smaller tenants. The current signage
is not ad3quate to attract customers from the
Rainbow store parking lot. He showed
Counc ilmembers pictures of the existing signage,
as we 11 as similar signage in another community
whore a 10 percent standard ie used. Mr.
Dries sen stated the petitioner is willing to
restrict signage to three of the eight walls if
the allowable area is increased to 10 percent.
Mayor Bergman asked if this signage issue has
recently been studied by the City. Director
Treme re responded that the most recent study
involved real estate ani temporary aigns; this
speei fie issue has not been studied. He
explained that the Sign Ordinance shopping center
wall sign standards do not differ between Planned
Unit Developments and conventional developments.
Counc ilmember Ricker stated that the Planning
Comma aaion recommendation of denial was wade
without the benefit of the Ryan letter. He
suggavated that the request and the letter should
be submitted to the Planning Commission for
revi ev .
The Mayor stated that before the Planning
Comma ssion reconsiders the item, staff ahuuld
reseearch similar standarda in comparable
commesnities.
MOTION was made by Councilmember Ricker, seconded
by Mtayor Bergman, to refer the Ryan Construction
Company request (90078) to the Planning
Comms aaion, along with the Ryan letter, dated
January 21, 1991. Staff is also to provide the
Planning Commission with research on similar
stanclarde used in comparable communities.
Notion carried, four ayes.
The Council considered the request of Builders
Deva l opment Inc./James Development Company for
reasoning a 30.9 acre tract from FRD to R -1A arad
47 1 of Preliminary Plat with Variances for cul -
do -sac length and rear lot width (90095).
Refer to Planning
Commission -
90078)
Item 8-A
Builders Dev. Inc.
James Dev. Co.
a (90095)
Item 8-B
0 0
Specir.l Council Meeting
January 28, 1991
Page 25
Councilmember Helliwell asked if the code cul -da -
sac length standard is solely a function of fire
safety issues and the ability of a fire tn%ck to
turn a_•ound.
Director Moore stated that hydrant spacing
usually addresses this issue. There is also a
traffic planning issue as te! how many homes
should be in an area with one access point. He
responded to a question by Councilmember
Helliwell, that there have been variances from
the maximum cul-de-sac length standard in the
City where it has been shown variance is needed
to protect natural feat•tres including wetlands.
In this derelopment numerous wetlands could be
impacted depending on cul-de-sac construction.
Councilmember Helliwell asked whether the narrow
point at the rear of two of the proposed lots
could result in the inability of the developer to
sell the lots. She cited problems in another
development where such lots were difficult to
sell.
Rink Murray, Builders Development Inc., stated
that the two lots could be redesigned but,
because the two lots are larger in square
footage, the developers don't anticipate a
problem in selling them. He also responded to a
question by Mayor Berguan that no common area is
proposed in the development. He stated that a
berm is pr-aposed along Highway 101 to shelter the
rear yardn of the lcts from the heavier traffic.
Mayor Bergman suggested that the developer
nonsideT natural ground cover for at least the
beck side of the berm area if it will be
difficult for the homeowners to maintain.
MOTION was Made by Councilmerwer Helliwell,
seconded by Councilmember Vasiliou, to adopt
RESOLUTION NO. 91-57 APPROVING P!INLIMINARY PLAT
AND %%RIANCE FOR BUILDERS DEVELOPMi\T, INC./JAMES
DEVELOPMENT COMPANY (90045).
Motion carried on a roll call vote, fnua ayes.
0
f,SOLUTION 91-57
PREL. PLAT AND
VARIANCE FOR
BUILDERS DEV. INC.
90095)
Item 8-B
0
Special Council Meeting
January 28, 1991
Page 26
MOTTON was made by Councilmemb9r 1'tell1well,
seconded by Councilmember
Vasiliou, to adopt
ORDINANCE NO. 91-4 AMENDING THE ZONING ORDINANCE
TO CLASSIFY CERTAIN LANDS LOCATE&) WEST OF COUNTY
RoA.D 101, APPROXIMATELY ONE-QUARTER 14ILE NORTH OF
COUNTY ROAD 24 AS R -1h, (LOW DENSITY SINGLE FAMILY
RESIDENTIAL) DISTRICT.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember
Vasiliou, to adept
RESOLUTION NO. 91-58 SETTING CONDITIONS TO BE MET
PRIOR TO PUBLICATION OF ORDINANCE RE'LONI.NG LAND
FOR BUILDERS DEVELOPMENT, INC./JAMES DM'LOPMENT
90095) .
Motion carried on a roll call vote, four ayes.
MOTION wan made by Councilmember Vas tliou,
seconded by Counclimember
Helliwell, to ac.opt
OR
RESOLUTION
AND CH*
S9 AppRTvING
RLENE BUBY
ITZLOT
OLIDATION
91001)
Motion carried on a roll call. vote, four .%yes.
Councilmember Helliwell noted that the recuests
of Darrel and Chris Gonyea include : variance
from the maximum cul-de-sac length. The
requested length of 1.,161 feet wou'sd far exceed
the Ordinance standard of 500 feet.
Director Moore described the area and stated that
this request would result in a cul--de-dac until
the street connection to W68tHediic:LneakeuDrilive
is completed. It is atsemporarydeveloped.
s itustion
the adjacent property i
Councilmember delliwell asked if there will be
any encroachment on the wetlands.
mONINLAND FROM
FRD TO R—lA FOR
SUILrl&RS DEV. INC.
90095)
Item 8-B
evnnr.riTTON 91-58
SETTING CONDITIONS
TO BE MET PRIOR TO
PUBLICATION
90095)
Item 8-B
taTeaO UTInx3A_-
APPROVING LOT
CONSOLIDATION FOR
BUELITZ (91001)
Item *8-C
W rector Moore stated that the E jgineer•' s Memo
r,rovide s
that. if the street cannot be constructed
without encroachment into the wetteLr%d, the street
must be mov#04 easterly to eliminate any
encsoachmenz. This may result in redesign of the
Preliminary Flat.
VITI ION t;, Ir !,1c I+r l:rlln: i 11.0 tnlu r \'u„i I ! 1jll •
I
1 %',nl,l
tit'\ltl`l,li \! ;tt ! t T.
Il l l it+I l l , to n iltltt 121 ;oI Irl, it), No.
p'1 ['11111; 'Irl I'll I\G 1!11111111.
tl t Il l INTI ;l 1,011 1';111 Xott'+ : ICI' :'\'c.
I11viltrION ill •'ill\
I f\I' (t\1VIIi -
lit Icl' 'n'C 1'I:itrll
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1111111
itI•u 'it l'
Special Council Meeting
January Z8, 1991
Page 27
mulilur was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to aacpt
RESOL-JTION NO. 91-60 APPROVING PRELIMINARY PIAT
AND VAL?IANCES FOR DARREL AND CHRIS GOFXZA FOR
CURTIS LAKE" LOCATED AT THE NEST SIDE OF WEST
M!LDICINE LAKE ROAD (90105).
Motion carried on a roll cwll vote, four ayes.
NOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
ORDINANCE NO. 91-5 AMENDING THF, ZONING ORDINANCE
TO CLASSIFY CERTAIN LANDS LOCATED AT THE WEST
SIDE OF NEST MEDICINE LAKE ROAD AT 45TH AVENUE''
NORTH AS R-2 (LOW DENSITY MULTIPLE RESIDENCE) -
motion carried on a roll call vote, four ayes.
MOTION was made by Coo.ncilmember Vasiliou,
seconded by Canncilmember Helliwell, to adopt
RESOLUTION NO. 91-61 SETTING CONDITIONS TO BE MET
PRIOR TO PUB;=ATION OF ORDINANCE REZONING LAND
FOR DARREL AND CHRIS GONYEA FOR "CUR111I3 LAY.E"
LOCATED AT THE WEST SIDE OF WEST MEDICINE LAKE
nAD AT 45TH AVENUE NORTH FROM FRD (rUTURS
RESTRIC &D DEVELOPMENT) DISTRICT TO R-2 (LOW
DENSITY MULTIPLE RESIDENCE) DISTRICT (90105).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou,
aeconded by c;ouncilmember Helliwell, to adopt
RESOLUTION N0. 91-62 4PPROVING CONDITIONAL USE
PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284
90106) .
Motion carried on a roll call vote, four ayes.
MOTION was made by C;+uncilmember Vasiliou.,
seconded by Couneibmember Helliwell, to adopt
RESOLUTION NO. 91-63 AEP10VING CONDITIONAL USE
PERMIT FOR RAY WEDIN AT 16191 12TH AVE14UE NORTH
90108) .
Motion carried on a roll uall vote, four app s.
ggugQLT1 lON 91-60
APPROVING PREL.
PLAT AND VARiA11CRS
FOR GCNYEA (90105)
Item 8-D
ORDINANCE 91 -
REZONING PROPERTY
FOR GONYEA (90105)
Item 8-D
RESOLUTION 91-61
SETTING CONDITIONS
TO BE MET PRIOR TO
PUBLICATION
90105)
Item 8-D
R;oOL•uTioN 91-62
APPROVING CUP FOR
I.S.D. 284 (90106)
Item *8-E
8ZUkt)TION_31=63
APPROVING COP FOR
RAY WEDIN AT 16831
12TH AVE. N.
90108)
Item *8-P'
Special Council Meeting
January 28, 1991
Page 26
MOTION was made by Councilmember Vasiliou,
nRant.rMION 91-64
seconded by Council member Helliwell, to adopt AUTHORIZING
INGRESOLUTIONNo.
C91-
64
ANTHERFOA MID $
SfTBRICRION
F REDUCTIONTRMANCEF SITE
SITS (;UARANTEE FOR
87064) . MIDWEST BRICK
Motion carried or a roll call sore, four ayes. (87064)
Item *8-G
made by Councilmember Vasiliou, MOTION -:M-4 mods
Helliwell, to adopt
31--Q
ADOPTING
seconded by Cout&cllmember
91-65 AL1orT_TNM ASSESSMENTS,
ASSESSMENTS,
RESOLUTION N0.
PROJECT NO. 705, SCHI4IDT LAKE Y.vt1C 4TREEZ AND PROJECT N0. 705
SCHMIDT LAKE ROAD
STORM SEWER. STREET AIM STORM
Motion carried on a roll call vote, three ayes, SEWSK
Item *8-H
Hwlliwell nay.
MOTION was made by Councilmember Ricker, seconded
RESOLUTION
a*nnr.rnrToN 91-66
AWARDING BID -
by Councilmember Vasiliou, to adopt
91-66 AWARDING BID, NORTHWEST 'DRUNK SEWER - SEPE SPHTR N0.
PHASE I, CITY PROJECT N0. 014• PROJECT NO. 014
Motion carried on a roll call vote, four ayee. Item 8-1
Councilmember VasiliOu asked why staff Is
recommending that final payments be made on
Project Numbers 906 and 908 when there are punch
list items still remaining on both projects.
Dan Egerton, Consulting Engineer, stated that the
punch lint items are minor and the City has
received a letter from the contractor indicating
that these itena will be corrected at no cost to
the City.
NOTION was male by Councilmemter Vasillou,
cecond9d by Councilmember Helliwell, to adept
RRSOLUTION NO. 91-61 REQUEST FOR PAYMENT NO.
AND FINAL, COUNTY ROAD 101 TRUNK WATERMAIN
ImpROVEMENT9, CITY PROJECT NO. 906.
gE,SOLUTION , Sj,-M
PAYMENT NO. 4 AND
4 FINAL, PROJECT NO.
906
Item 8-J-1
Motion carried on a roll call .ote, four ayes.
MOTION was mode by Counciliaember Vasiliou,
oeconded by Councilmember Helliwell, Lo adopt
RESOLUTION NO. 91-68 RXQUFST FOR PAYMENT NO.
AND FINAL, 25TH AVENUE" 'TRUNK WATFRMAIN
IM,POVF,MENTS, CITY PROJECT NO. 908.
BSOLUTl N 91-61
PAYMENT NO. 4 AND
4 iFINAL, PROJECT NO.
908
Item 8-J-2
Special Council Meeting
January 2e, 1991
Page 29
Motion carried on a x11 call vote, four ayes.
moTicN was made by Councilmember vasiliou,
seconded by Ca,vncilmember Helliwell, to adopt
RESOLUTION N0. P.FqUEST FOR PAYMENT N0. 3,
COUNTY ROAD 9/COUNTY ROAD 101 TRUNK wATERMAIN,
CITY PROJECT NO. 012.
Motion carried on a rol? call vote:, four ayes.
Counciimerber Vaeiliou stated that at a recent
Town Meeting, residents complained that the final
punch list items on the street Reconstruction
Project were not satisfactorily completed.
Director Moore stated that staff is proposing
that two percent of the contract amount be
retained until those items aro completed.
tA'COL•UTTON 91-69
PAYKENT NO. 3,
PROJECT NO. 012
Item *8-K-1
MOTION ass male by Councilmember Vaeiliou, RESOLUTION 91-70
seconded by Mayor Bergman, to ado+` RESOLUTION PAYMENT NO. 10
H0. 91-70 REQUEST FOR PAYMENT NO. 10, 1990 STREET PROJECT NO. O01
MCONSTRUCTION, CITY PROJECT NO. 001. Item R -K-2
Motion carried on a 1wl call vote, four ayes.
MOTION Was made by C`Muncilmembe. Vaeiliou, AAtiSOLUTISM-91-71
seconded by Councilmember ttelliwell, to adopt CHANGE ORDER NO.
RESOLUTION NO. 91-71 APPROVING CHLAZIAE ORDER NO. 2, WELL ::0 13,
2, PRODUCTION WELL NO. 13, riTY VROJECT NC. 013. PROJECT NO. 013
Item *6-L
Motion carried on a roll call vote, four ayes.
Counciimember Vaeiliou asked why the City is
paying 100 percent of th" additional funds for
the Supplemental Agreement nn the County Read 6
construction, Project No. 829.
Director Moore stated that increases to the
project cost aro evaluated based on whether the
City or County was originally responsible for
similar iteias in the contract. One item
increaaed by this agreement is aatermain, for
wt.inh the City pays 10v percent of the cost. On
the retaining wall item, the County pays the cost
for the concrete wall and the City pays for the
field stone facing.
Special Council Meeting
January 28, 1991
Page 30
MOTION was made by Councilmember. Vasiliou,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 91-72 REVISING CONSTRUCTION
COOPERATIVE AGREEMENT, COUNTY ROAD 6, COUNTY
PROJECT NO. 86421, FERNBROOK LANE TO COUNTY ROAD
101, CITY PROJECT NO. 829.
Moti n carries: on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91-73 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR
BIDS, CLEANING, MZAIRING, AND PAINTING ZACHARY
LANE MATER TOWER.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
FASOLUTION NO. 91-74 DECLARING ADEQUACY OF
PETITION AND JP.DFRING PREPARATION OF REPORT,
PLYM0t7TH BUSINESS CENTS: STH ADDITION, STREET AND
UTILITY IMPROVEMENTS, CITY PROJECT 40. 715.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember VasilicL,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91-75 REDUCING DEVELOPMENT BONve
LAKE CAMELOT ESTATES 3RD ADDITION (490,64).
Motion carried on a roll call vote, four ayes
In rosponse to a question from Councilmember
Vasiliou, Attorney Thomson state:' that when the
City started retaining an increased number of
engineering conaultants, he had sugget:ted that a
uniform agreemert be established. ThA Cot.r,r-i 1
had directed that this be accomplished. He
presented the draft agreement and a,akeA for
Council ,nput.
Director Moore etaLed the draft agreement will be
submitted to the six consulting engineering Prate
currently under contract with the City for
comment. After receipt of comments, the
agreement will be Zinalirerl for approval by Lha
City Council.
0
P2SOLUTION 91-72
REVISING
CONSTRUCTION
AGREEMENT, PROJECT
NO. 829
Item 8-M
RESMUTION 91-73
APPROVING PLANS
AND SPECIFICATIONS
FOR PAINTING
ZACHARY LANE WATER
TOWER
Item *8-N
RESOLUTION V1 -_(_Q
ACCEPTING PETITION
AND ORDERING
i3EPOF':, PROJECT
NO. 715
Item *8-0
RESCLUTIUN 1-71
REDUCINC
DEVELOPMENT BUND,
LAKE CAMELOT
8;STATES JRD ADDN.
roe044)
Item *8-P
Uniform
Engineering
Agreement
Itoln 0-V
Special Council Meeting
January 28, 1991
Page 3?
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91-76 APPROVING ON -SALE AND SUNDAY
INTOXICATING LIQUOR LICENSES WITH CONDITIONS FOR
THE PERIOD FEBRUARY 1, 1991 TO JANUARY 31, 1992.
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou,
seconded try Councilmember Helliwell, to adopt
RESOLUTION NO. 91-77 APPROVING OFF -SALE
INTOXICATING LIQUOR LICENSE FOR THE PERIOD
FEBRUARY t, 1991 TO JANUARY 31, 1992.
Motion carried on a roll call vote, four avec.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91-78 SETTING PUBLIC HEARING ON
OFF -SALE INTOXI:A.TING LIQUOR LICENSE APPLICATION
FOR STAR LIQUORS, INC.
Motion carried or a roll call vote, tour ayes
NOTION was made ty Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91.-79 SETTING PUBLIC HEARING ON
OFF -SALE NOU INTOXICATING LIQUOR LICENSE
LOPLICATION FOR L 6 S INC.
Motion carried on a roll call vote, four ayes.
The City Council received a letter from Innsbruck
Investments, Inc., requesting that the
ap,lication for off -sale nonintoxicating liquor
license for Cub Foods of Plymouth, 3550 Vickrburg
Lane North be withdrawn. No further action sas
taken by the Council.
RESOLUTION 91-76
APPROVING ON -SALE
AND SUNDAY LIQUOR
LICENSES WITH
CONDITIONS
Item *8-R
RESOLUTION 91-77
APPROVING OFF -SALE
LIQUOR LICENSE
Item *8-R
RESOLUTION 91-78
SETTING PUBLIC
HEARING ON 017 -
SALE INTOXIC.*TING
LICENSE FOR STAR
LIQUORS, INC.
Item *d -S-1
LVTION 1-12
SETTING HEARING ON
OFF -SALE
NONINTOXICATING
LICENSE FOR L 6 S
INC.
Item *8-S-2
Off -Sale
Nonintoxic.ating
Application for
tub Foods
Item *8-5-3
NOTION viae made by Councilmemhor Vaelliou, LUTION 1:-Q
seconded by Councilmember Helliwell, to adopt APPROVING 1991
RESJLUT'."Oil m- n 91- 80 APPROVING 199a CIGARETTE CIGARETTE LICENSE
ACKNSE API,L ICATION for Cub Foods, 3550 Vicksburg FOR CUB PJUOS
Lane. Item 00-T
Motion car. -:Lel on a roll call vote, four Ayes.
Special Council Meeting
January 26, 1991
Page 32
MOTION was made by Councilmember vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91-81 APPROVING DISBURSENffsNTS FOR
THE PERIOD ENDING DECEMBER 31, 1990.
Councilmember Vasiliou stated she has a number of
questions which she is submitting to the Finance
Director for response.
Motion carried on a roll call vote, :our ayes.
MOTION was made by Councilmember vasiliou,
seconded by Councilmember Ricker, to direct the
Park and Recreation Advisory Commission to make a
recommendation on the ne:4 Zor a trail along
Schmidt Lake Rosa betweei .than Lane and
Pineview Line; the need for a Lrail along future
Schmidt Lake Road as it extends westerly from
Pineview Lane acrosin I-494 to Peony Lane: and the
need for the proposed trail along the Soo Line
Rwilroad right -of. -way.
Motion carr -Rd on a roll call vote, four ayes.
Finance rirector Hahne presented survoy results of
cemetel•y lot. F rtcws in other communities. He
recommended the Council adopt an ordinance
amendment WAch would increase feex for the
remaining 21 lots.
MOTION was made by Councilmember Vaai*comedo tsecondedbyCouncilmemberHelliwell, p
ORDINANCE NO. 91-6 RELATING TO MUNICIPAL CEMETERY
P`AT.CES FOR SALE OF LOTS; AHWMING PLYMOUTH CITY
CODE, SUBSECTION 1400.03.
Motion carried on a roll call vote, four ayes.
Park and becreation Director Blank presented a
proposed 1.!N91 Facility RPa tal Policies and Fee
Schedule.
Counc.Amember vasiliou asked why Staff is not
proposing that the fees be at least alightly
incre -keed.
Director Blank stated that fee increases are
proposed for all field rentals. The haurly rate
u
2ROLUTI91-81
APPROVING
DISBURSEMENTS FOR
PERIOD ENDING
12-31-90
Item *8-U
Striping of. Trail
Schmidt L-1ke Road
Item 8-V
QRDYNANCZ 9"
AMENDING PRICES
FOR CEMETFRY LOTS
Item 8-X
1991 racility
Rental Policies
and Fee Schedule
Item 8--X
Special Council Meeting
January 28, 1991
Page 33
for field attendants billed to the associationsi.s proposed to remain the same because the City's
cost is less that the currentate
lrged.
He
anticipates that electrical w
about $5,000 in 1991 as well.
AlR QAT N y- V 4
at 1991 PARK FACILITY
MOTION was made by
memberlHeller
Vaaitoo'
ado t RENTAL POLICIES
eeconded by Councilmember
Helliwell, P
RESOLUTION NO. 91-82 ppROVING 1991 PARR FACILITY Item 8-X
RENTAL POLICIES.
Motion carried on a roll call vote, four ayes.
Director Blank recommended a proposed revision of
the park dedication policy which would increase
the residential fee from $825 to $860 per snit,
erfeefrote$31ces the
prnQLUTTON 91- A
APPROVING
and the commercial/industrial
3,500 per acre. The Policy Qu
ARCHITECTURAL
acre Lo
Council to review *:he fees annually. He noted
1989 foes in
SERVICSS AGREEMENT
that the Council voted to retain thebased on the
FIRE STATION NO. 2
1990. He suggested this increase of
Item 8-Z
City Assessor's estimate of the average value
nL% UTIOBL 91-8
SOUTHWEST MUTUAL
undeveloped land in the City.
AID ASSOCIATION
MOTION was made by Councilmember Ricker, seconded
RESOLUTION
PER UT19 51 3
APPROVING PARK
by Councilmember Helliwell, to adopt
SETTING PAR.r DEDICATION FEES DEDICATION FEES
NO. 91-83 APPROVING FOR
FOR 1991. Item 8-Y
Motion carried on a roll lall vete, three ayes;
Vasiliou nay.
MOTION was made by Councilmember Ricker, seconded
RESOLUTION
prnQLUTTON 91- A
APPROVING
by Councilmember V&Alli0u, to adopt
SERVICES
ARCHITECTURAL
NO. 91-84 APPRO•!?NG ARCHITECTURAL SERVICSS AGREEMENT
AGREEMENT FOR FIRE STw^aI?M NO. 2. FIRE STATION NO. 2
Motion carried on a roil call vote, four ayes. Item 8-Z
MUTION Was made by Councilmember ll,
Vastoc+u,
Helliwell, adopt
nL% UTIOBL 91-8
SOUTHWEST MUTUAL
seconded by Councilmember DI91-85 APPROVING THE ADDITION AID ASSOCIATION
RESOLUTION NO. WTHECITYOFWAYZATA, AS A MEMBER OF THE ,yOUTHWE"S'1' tem h6 -AA
MUTUAL AID ASSOCIATION.
Motion carried on a loll call vote, four ayes.
Special C icil Meeting
January 2b, 1991
Page 34
Manager Willis stated that he and the City
Attorney have discussed a legal issue with
respect to a petition for a special election
circulated by the League of Plymouth Voters. If
the requisite number of voters sign the petition
and submit; it to the City, a question will arise
as to whether the question presented in the
pet+.tion is one "on which the voters are
authorized by law or charter to pass judgment,"
M.S. 205.10, Subd. 1). He recommended that the
City Attorney request an opinion from the
Attorney General on this question.
In response to a question by Mayor Bergman,
Attorney Thomson stated that the Attorney General
would be requested to render an opinion on the
issue. The City Council could then consider the
opinion and make a determination on how to
proceed.
Mayor Btrgman questioned the timing of the
opinion. Attorney Thomson recommended that the
opinion be requested now, in advance of the
petition receipt.
MOTION was made by Couneilnember Rickwr, seconded
by Cn,inoilmamber Helliwell, to direct that an
opinion be requested from the Attorney General
regarding a petition for a special election.
Motion carried on a roll .call vote, faux ayes.
Mayor, Bere an stated that David Anderson,
Preoi.Ierst of the League of Plymouth Votrrs, has
asked to be placed on the February 4 agenda in
order to present the petition to the eviir.ril.
Manager Willis stated that Mayor Bergman asked
staff to consider thy+ name of the proposed U S.
Postal station facility, which, to date, has boon
identified by the Post Office as the "Medicine
Lake Station". The site is south of 45th Avenue
North, east of Nathan Lane, and west of Highway
169.
The Council discuosed various names and concluded
vktat the name "Plymouth" should be included.
Staff was directed to draft a letter to the
Postmaster from the entire Council requesting
0
Request for
Attorney General's
Opinion
Item 8 -BB
Name for Post
Office Facility
Item 9-A
Special Council Meeting
January 28, 1991
Pale 35
that the Plymouth Postal stations be named
Plymouth E.st Station" and "Plymouth West
Station".
Manager Willis presented the City Council with an
update on the MUNIBS fiscal impact system. He
asked that the Council review the updated MUNIBS
assumptions and results in order that the report
can be forwarded to the Financial Task Force for
consideration.
Councilmember Vasiliou stated she would like to
have a Council study session de-oted to th:I
topic, but that it should be forwarded
immediately to the Financial Task Force.
MOTION was made by Councilmember Helliwell,
seconded by Councilmember Vasiliou, to direct
staff to forward the NUNIZS Update and staff
report dated January 24, 1991, to the Financial
Taak Force.
Motion carii"d as a r^11 call vote, four ayes.
T2ie City Council reviewed the quarterly statue
report on insurance claims.
Councilmember Ricker noted these there are several
claims relating to car door latch demago by CSO's
asaisting with lockouts.
MOTION was made by Councilmember Ricker, seconded
by Cour.cilmember Vasiliou, to direct the Public
Safety Director to provide the Council with a
recommendation on lockout procedures, including
number done per year and number of claims per
year.
Motion carried on a roll call vote, foul ayes.
MOTION was made by ginyor Bergman, seconded by
Councilmember Vasiliou, to acri:pc the Quarterly
Status Report on Pending Civil Liti_;d*.ion.
Motion carried, four ayes
C7
MVNISS Update
item 9-B
Quarterly ReFort
on Insurance
Claims
Item 9-C-1
Directive - Police
Lock Out
Procedures
Quarterly Statue
Report on Pending
Civil Litigation
Item 9-C-2
Special Council Meeting
January 28, 1991
Page 36
MOTION was made by Councilmember Vasiliou,
sec,inded by Councilmember Ricker, to adopt
RESOLUTION N0. 91-86 AppRGVING THE CLOSING OF
PROJECTS
FUNDS To OCRRENDrNGDEISERVICE
NING CFNCONSTRUCTION
FUNDS
motion carried on a roll call vote, four ayes.
Assistant City Manager Boyles presented a repurt
on the CARE (Clean and Restore Our Environment)
prograz. and recommendod that it be used in lieu
of the "Adopt a Highway Program" which the
Council has previously been requested to
consider He eu,+geated that this Spring Cleanup
Program with Homeowner Associations be integrated
into the overall program as well.
MOTION was made by Counc:ilcacabei= distaff to
seconded by Mayor H4*rgman, t
prepare a detailed report outlining a proposed
Clean
the Spring Cleanupprogram
Program
rogram for 1991.
and(
CARE)
Motion carried, four ales.
2
APPROVING PROJECT
CLOSE OUT REPORT
Item 9-D
Director Blank stated that the Park mind
Recreat'&on Advisory Commission held a publicinformationmeetingonJanuary10withregard to
lighting of the Parkers Lake skating rink. Two
individuals attended the meeting. one resident
expressed concern that the lighting system le
designed in eu::h a way that the lights and glare
do not affect her property. A second resident
spoke in favor of the lights. Director Blank
stated that it is too late in the season to get
the
for 1991. He reccimended
thatlstaffnbeigranted dadditional time to address
the glare issue.
Mayor Bergman stated that now a cost estimatb and
therce
of
fun ing foor
theimprin
ement should be considered.
funding
Cuu_ncilmember Ricker stated that the speedskatingprogramisrelatedtotheU.A.R.E. Program and he feela that a portion of the coat
should be chargeC to that fund.
0
CARE Day/
Spring Clean Up
Program
Item 9-9
Lighting at
Parkers Lake
Skating Rink
Item 9-F
Special Council Meeting
January 26, 1951
Page 37
Frank Freels, PRAC Chairman, stated that PRAC
supports the proposed lighting because it would
benefit speed skaters as well as resident3 that
use this location for ice skating.
MOTION was made by Counci.lmember Vasiliou,
seconded by Ccuncilmember Helliwell, to direct
staff to continue to ree•arch this issue and
report back to the Council, including a
recommendation on the source of funds for the
project.
Motion carried, four ayes.
Community Development Director Tremere presented
results of research including a poll conducted of
various communit2.ea witn respect to exterior
lighting standards and racommended that it be
kept on file as a reference doc,sment. He stated
that there are not new substantive standards
adopted by other municipalities that could be
readily adapted to Plymouth. whatever new
standards may be ultimately adopted, they should
be easily interpreted and enforceable.
Councilmember Ricker askew i.' new enforceable
lighting stanaards could be developed for use in
Plymouth. If so, could the standards apply to
existing lighting situations, e.g. Len B49ch
Rosea site?
Director Tr-emere stated that he believes the
staft and City Attorney can develop raforceable
standards. The standards could be drafted to
include a variety of situations in addition to
the greenhouses at Len Busch Rosea, Inc.
Attorney Thomson stated that the Council could
legally adopt standards that would apply to
existing facilities. However, this may not
resolve the difficulty in regulating a lighting
situation like Len Busch Roses. It is difficult
to regulate light in the sky as compared ;.o
regulating light spilling onto or directed at
adja.ent land.
Councilmembare discussed ::heir perceptions of th-±
Len Busch lighting tour. Some felt there was a
dramatic difference in the lighting at different
Report on
Lighting
in Other
Item 9-G
Exterior
Standards
Citien
Special Council Meeting
January 28, 1991
Page 38
phases of the test. The screening that is in
place appears to be effective, but they
questioned io this will be enough. Councilmember
Helliwell stated that it was difficult for her to
determine the effectivensss of the screening
because of the number of garage and yard lights
in the area.
Councilmember Ricker stated that the position of
the Council with respect to exterior lighting
used by schools, parks, andctify need to be
considered as well. Are public
expected to most the same standards as a
commercial business? What de.tree of light
intensity is acceptable? How will the City
measure the intensity of the lighting?
Councilmember Vasiliou stated that issues such as
hours of lighting and months of the year need to
be considered when discussing public facil.tty
lighting. Perhaps the Ughting can be at, a more
intense eevrelf but for a shorter period of time.
MOTION was made by Councilmember Vasiliou,
soconded by Councilmember Ricker, to accept the
report on Exterior Lighting Standards used by
other Cities, and to direct staff and the City
Attorney to develop a matrix of the isetica noted
above regarding public and private lightil:g, and
report to the Council for consideration.
Motion carried, four ayes.
Manager Willis stated the Council should
determine whether it wishes to continue its
memberst.ip in the Association of Metropo: tan
Municipalities for calenlar year 1991. The dues
f..): the City this year would be $6033.
MOTION wao made by Councilmemlier Ricker, seconded
by Councilmember Helliwell, to continue the AMM
membership in 1991, but to evaluate the
effectiveness this year for 1992 budgeting of the
Cit.y'a AMM, I=t and MLC memberships.
Mayor Bergman stated that he believes the
Municipal Legislative Commission (MLC) memberel ip
is important. He believes it is the organization
that moat closely reflects Plymouth's position.
Association of
Metropolitan
Municipalitieb
item 9-H
Special Council Meeting
January 28, 1991
Page 39
He stated that he has no objection to the AMM and
work it doee, but he doesn't support the
membership for 1991 becau&e of the amount of the
dura. He suggested that the item be deferred
until the full Co1mcil is present at a future
meeting.
SUBSTITUTE MOTION was made by Councilmember
Ricker, seconded by Councilmember Helliwell, to
defer this item until the full Council is
present.
Motion carried, four ayes.
The Council reviewed the status of Council Council Directives
directives. Item 9-I-1
Councilmember Vasiliou noted that several items
are not contained on the directives list that she
would like a report on. She asked that staff
provide a status report on the City Manager
software program and the Calendar software
program. Assistant Manager Boyles stated a
report will be presented at the next meeting.
Councilmember Vasiliou asked about the status of
the Sumek Report. Manager Willis stated the
report is due in mid February.
Councilmember Vasiliou stated that at the
January 7 Executive Session? a letter was
received from police officers regarding issues in
arbitration. Staff was to respond to the
Council. Manager Willis stated a report will be
provided to the Council later this week.
Manager Willis reviewed the Plymouth Council Cuuncil Goaba and
Goals for 1990-1991. He stated that the Council Objectives
may wish to reconsider this list to determine if. Iteir 9-1-2
additions or deletions are needed.
Mayor Bergman stated that the Council hda not yet
scheduled a joint meeting with the Board members
from School Districts 279 and 210. Staff was
directed to schedule joint meetings with each
district in March.
MOTION was made by Councilmember VaeLliou, Project Status
seconded by Councilmerber Ricker, to accept the Report
Capital Improvement and Project Status Reports. Itrim 9--1-3
Special Council Meeting
January 28, 1991
Paget 40
Mo:.ion carried on a roll call vote, four ayes.
MOTION was made by Couracilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91-87 APPOINTMENT OF
REPRESENTATIVES TO THE ELM CREEK TECHNICAL
ADVISORY COMMITTEE AND THE ELM CREEK TASK FORCE,
appointing Fred Moore to the Advisory Conmittee
and Kim M. Bergman to the Task Force.
Motion carried on a roll call vote, four eves.
REsolL::9N 91 el
APPOINTMENTS TC
ELM CREEK
TECHNICAL ADVISORY
COMMI'T'TEE AND TASK
FORCE
Item 9-J
Manager willia recommended that the Council Library - Site
obtain an appraisal of the site selected for the Appraisal
proposed Plymouth Library before retaining a lnnd Item 9-K
acquisition specialist.
Councilmember Ricker stated when a specialist is
selected, he would prefer the Council consider
retaining an individual who specializes in
acquisition, rather than a real estate sales
office.
CouncJ.lmember Vaailiou asked for a status report
on th9 library meetings.
Councilmember Helliwell responded that the last
meeting was summarized in the Informational
Memorandum. A meeting scheduled for last week
did not take place.
Bill Cavanaugh, owner of the proposed library
parcel, stated he will work with the City on this
acquisition.
Couiicilmember Ricker suggested that the Finance
Director establish a library project fund so the
costa can be accurately tracked.
After further discussion, the Council decided to
delay se:ection of a land acquisition specialist
until the appraisal is received.
Manager Hillis at:at.ed that the Financial Task Financial Task
Force has been meeting on a weekly basis and Force
expects to complete their report in February. Item 9-M
special Council Meeting
January ?8, 1991
Page 41
Attorney Thomson stated that there is an item in
the JLnuary 11 informational Memorandum relating
to impact fees. He stated that currently there
is no authority an state law for the use of
impact fees by cities.
Councilmember Vasiliou asked if a report on the
proposed budget cute will be provided. Manager
Willis reported on the status of the state budget
situation and stated that staff is working on a
report to the Council recommending budget cuts
for 1991.
Ed Albro, League of Plymouth Voters, stated it is
difficult to understand the Council's actiune on
various items when no monetary amounts are
indicated on the Council agenda.
Manager 71illis informed Mr. Albro of the public
notebook which contains a detailed report on each
agenda item. He also stated that Mr. Albro could
contact City staff members prior to the Council
meetings to get additional information on
specific agenda items.
The meeting was adjourned at. 10:30 p.m.
C ty erk
Impact Fees
Item 9-M
Budget Cuts
Item 9-M
League of Plytrouth
Voters -
Council Agenda