HomeMy WebLinkAboutCity Council Minutes 10-17-1994MINUTES
REGULAR COUNCIL MEETING
OCTOBER 17, 1994
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m, in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
October 17, 1994.
PRESENT: Mayor Tierney; Councilmembers Helliwell, Granath, Edson, Anderson,
Morrison, and Lymangood.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, Community Development Director Hurlburt, Finance Director Hahn,
Asst. Finance Director Jacobson, Public Safety Education Specialist Cwayna, Forester
Buck, Attorney Barnard, and City Clerk Ahrens.
ITEM 3-A FORUM, PETITION FOR STOP SIGNS ON PILGRIM LANE
Jeff Bail], 2940 Pilgrim Lane, presented a petition requesting stop signs at Pilgrim
Lane and 29th Avenue, 30th Avenue, and 31st Avenue. He said these stop signs
are needed in order to slow traffic and provide greater safety to pedestrians
because there are no trails.
Councilmember Anderson suggested that the residents could also petition for trails
to be considered.
Mr. Baill asked if the City has considered speed humps in residential
neighborhoods to slow traffic.
Manager Johnson stated that staff has investigated speed humps, but none have yet
been installed in the City. Staff will provide a copy of the report on speed humps
to Mr. Baill.
ITEM 4-A DONATION FROM DAILY PRINTING FOR CRIME PREVENTION
FUND
Mayor Tierney introduced Public Safety Education Specialist Cwayna and Corky
Ornberg of Plymouth Crime Prevention.
Corky Ornberg, Plymouth Crime Prevention, was presented with a $2,000 check
for funding of a second K-9 unit. The check was presented by representatives of
Daily Printing.
Regular Council Meeting
October 17, 1994
Page 2
ITEM 5 APPROVE AGENDA
Mayor Tierney requested that a status report on the Pineview Lane railroad
crossing improvements be added to the agenda as Item 9-H.
Councilmember Granath requested that a status report on the MPRS lawsuit be
added to the agenda as Item 9-I.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to approve the agenda with the addition of Items 9-H and 9-I.
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Manager Johnson stated that a correction to the August 8 study session minutes
and a revised resolution for Item 6 -DD have been provided to the Council and
included in the Consent Agenda.
Councilmember Morrison stated that her law firm has represented one of the
parties involved in several items on the agenda. Although no legal conflict of
interest may necessarily be present, she will not participate in the voting on the
following items to avoid any appearance of impropriety: Items 6-K, 6-N, .6-Q-
2, 6-R, 6-W, 6-X-1, 6 -BB, 6 -DD, and 6 -EE. The items remained on the
consent agenda with her abstention noted on each item.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt the Consent Agenda with the additions and amendments noted.
Motion carried, seven ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to approve the minutes of the August 8 study session (amended),
September 12 regular meeting, October 5 Ward 1 Town Meeting, and October 10
Ward 2 Town Meeting.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 3
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-622 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING OCTOBER 7, 1994.
Motion carried, seven ayes.
ITEM 6-C AGREEMENT FOR TELECOMMUNICATION CONSULTING
SERVICES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-623 AWARDING THE CONTRACT
FOR TELECOMMUNICATION CONSULTING SERVICES TO ELERT &
ASSOCIATES.
Motion carried, seven ayes.
ITEM 6-1) HOYT PROPERTIES. FINAL PLAT FOR PLYMOUTH
TECHNOLOGY PARK (91031)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-624 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR BRW, INC., FOR PROPERTY
LOCATED AT THE NORTHEAST INTERSECTION OF SCHMIDT
LAKE ROAD AND FERNBROOK LANE NORTH (91031).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-625 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR BRW,
INC., FOR PROPERTY LOCATED AT THE NORTHEAST
INTERSECTION OF SCHMIDT LAKE ROAD AND FERNBROOK LANE
NORTH (91031).
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 4
ITEM 6-E ZACHARY LANE PTA EXEMPTION FROM LAW GAMBLING
LICENSE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-626 FINDING NO OBJECTION TO
LAWFUL GAMBLING EXEMPTION FOR ZACHARY LANE
ELEMENTARY PTA.
Motion carried, seven ayes.
ITEM 6-F ASCENSION LUTHERAN CHURCH. SITE PLAN AMENDMENT
94103
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-627 APPROVING RPUD FINAL SITE
PLAN AMENDMENT FOR ASCENSION LUTHERAN CHURCH
LOCATED AT 15870 46TH AVENUE NORTH (94103).
Motion carried, seven ayes.
ITEM 6-G TOLD DEVELOPMENT. PUD FINAL PLAT FOR NORTHWEST
BUSINESS CAMPUS 10TH ADDITION (94111)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-628 APPROVING MPUD FINAL PLAT
FOR TOLD DEVELOPMENT COMPANY FOR PROPERTY LOCATED
AT THE NORTHEAST CORNER OF NORTHWEST BOULEVARD AND
CAMPUS DRIVE (94111) (MPUD 81-1).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-629 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO MPUD FINAL PLAT
FOR TOLD DEVELOPMENT COMPANY FOR PROPERTY LOCATED
AT THE NORTHEAST CORNER OF NORTHWEST BOULEVARD AND
CAMPUS DRIVE (94111) (MPUD 81-1).
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 5
ITEM 6-11 FRED KNUTSON. SITE PLAN AMENDMENT (94113)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-630 APPROVING SITE PLAN
AMENDMENT FOR FRED KNUTSON FOR PROPERTY LOCATED AT
15024-2 44TH PLACE NORTH (94113).
Motion carried, seven ayes.
ITEM 6-I HARTY AND STENGLEIN. LOT DIVISION/CONSOLIDATION
94115
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-631 APPROVING LOT
DIVISION/CONSOLIDATION FOR HARTY AND STENGLEIN (94115).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-632 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION/CONSOLIDATION AND VARIANCE FOR HARTY AND
STENGLEIN FOR PROPERTY LOCATED AT 2900 EAST MEDICINE
LAKE BOULEVARD AND 2845 MEDICINE RIDGE ROAD (94115).
Motion carried, seven ayes
ITEM 64 CORNERSTONE GROUP/COMMONS AT PARKERS LAKE.
94099
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-633 APPROVING MPUD FINAL PLAT
FOR THE CORNERSTONE GROUP FOR PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF NIAGARA LANE NORTH AND 18TH
AVENUE NORTH (94099).
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 6
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-634 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
THE CORNERSTONE GROUP FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF NIAGARA LANE NORTH AND 18TH
AVENUE NORTH (94099).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-635 APPROVING MPUD FINAL SITE
PLAN FOR THE CORNERSTONE GROUP FOR PROPERTY LOCATED
AT THE SOUTHWEST CORNER OF NIAGARA LANE NORTH AND
18TH AVENUE NORTH (94099).
Motion carried, seven ayes.
ITEM 6-K CITY OF PLYMOUTH. LOT DIVISION/CONSOLIDATION (94128)
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-636 APPROVING LOT
DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 54TH
AVENUE NORTH AND NORTHWEST BOULEVARD (94128).
Motion carried, six ayes; Morrison abstained.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-637 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH FOR
PROPERTY LOCATED AT SOUTHEAST CORNER OF 54TH AVENUE
NORTH AND NORTHWEST BLVD. (94128).
Motion carried, six ayes; Morrison abstained.
Regular Council Meeting
October 17, 1994
Page 7
ITEM 6-1, ORDINANCE AMENDMENT RELATING TO FIRE PREVENTION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt ORDINANCE 94-18 AMENDING THE CITY CODE
SECTION DEALING WITH FIRE PREVENTION.
Motion carried, seven ayes.
ITEM 6-M 1995 CDBG FUNDING ALLOCATIONS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-638 AUTHORIZING SUBMISSION OF
THE CITY OF PLYMOUTH'S APPLICATION TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING
FOR FISCAL YEAR 1995.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94- 639 AUTHORIZING
REALLOCATION OF FISCAL YEAR 1994 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
Motion carried, seven ayes.
ITEM 6-N OLYMPIC STEEL. FINAL BOND RESOLUTION
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-640 AUTHORIZING THE ISSUANCE
OF ITS CITY OF PLYMOUTH, MINNESOTA VARIABLE RATE
DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS
OLYMPIC STEEL, INC. PROJECT) SERIES 1994 AND AUTHORIZING
THE EXECUTION OF AN INDENTURE OF TRUST, LOAN
AGREEMENT AND RELATED DOCUMENTS.
Motion carried, six ayes; Morrison abstained.
Regular Council Meeting
October 17, 1994
Page 8
ITEM 6-0 RELEASE OF SITE PERFORMANCE GUARANTEE (92038)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-641 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR CHRIST MEMORIAL
LUTHERAN CHURCH FOR PROPERTY LOCATED AT 13501 SUNSET
TRAIL (92038).
Motion carried, seven ayes.
ITEM 6-P REDUCTION OF SITE PERFORMANCE GUARANTEES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-642 APPROVING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR CHERRY HILL BUILDERS FOR
PROPERTY LOCATED ON THE NORTH SIDE OF 10TH AVENUE EAST
OF SOUTH SHORE DRIVE (93095).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-643 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR TOLL COMPANY FOR
PROPERTY LOCATED AT 3005 NIAGARA LANE NORTH (93133).
Motion carried, seven ayes.
ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-644 REDUCING DEVELOPMENT
BOND, CARLSON CENTER SIXTH ADDITION (85031).
Motion carried, seven ayes.
Councilmember Morrison stated that her law firm has represented one of the
parties involved in the Item 6-Q-2 application. Although no legal conflict of
interest may necessarily be present, she will not participate in the voting to
avoid any appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-645 REDUCING DEVELOPMENT
BOND, WESTBRANCH 2ND ADDITION (94045).
Regular Council Meeting
October 17, 1994
Page 9
Motion carried, six ayes; Morrison abstained.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-646 REDUCING DEVELOPMENT
BOND, HEATHER RUN ADDITION (92035).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-647 REDUCING DEVELOPMENT
BOND, HEATHER RUN 2ND ADDITION (94016).
Motion carried, seven ayes.
ITEM 6-R DECLARE SURPLUS PROPERTY
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-648 DECLARING PROPERTY
SURPLUS AND AUTHORIZING CONVEYANCE TO ADJOINING
PROPERTY OWNERS, CITY PROJECT NO. 205.
Motion carried, six ayes; Morrison abstained.
ITEM 6-S AGREEMENT WITH MAPLE GROVE FOR IMPROVEMENTS TO
VICKSBURG LANE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-649 APPROVING COOPERATIVE
JOINT POWERS AGREEMENT, VICKSBURG LANE CONSTRUCTION,
COUNTY ROAD 10 TO COUNTY ROAD 47, CITY OF PLYMOUTH AND
CITY OF MAPLE GROVE.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 10
ITEM 6-T DECLARE SURPLUS PROPERTY
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-650 DECLARING PROPERTY
SURPLUS AND AUTHORIZING THE CONVEYANCE OF THE OLD
SCHMIDT LAKE ROAD RIGHT-OF-WAY TO QUAIL HOLLOW
ADDITION.
Motion carried, seven ayes.
ITEM 6-U ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-651 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING - SAVANNAH ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-652 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING - SAVANNAH ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-653 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING - SUGAR HILLS 3RD ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-654 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING - SUGAR HILLS 3RD
ADDITION.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 11
ITEM 6-V ADOPT ASSESSMENTS FOR CAMELOT OVERLOOK ADDITION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-655 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 430, SANITARY SEWER AND WATERMAIN AREA -
CAMELOT OVERLOOK.
Motion carried, seven ayes.
ITEM 6-W METROLINK CONTRACT EXTENSION
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this item. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-656 APPROVAL OF PLYMOUTH
METROLINK CONTRACT EXTENSION WITH MCTO AND ITS
SUBCONTRACTOR, NATIONAL SCHOOL BUS COMPANY, INC.
Motion carried, six ayes; Morrison abstained.
ITEM 6-X ADOPT ASSESSMENTS
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this item. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-657 ADOPTING ASSESSMENTS,
SEVEN PONDS 6TH ADDITION, STREET AND UTILITIES, CITY
PROJECT NO. 031.
Motion carried, six ayes; Morrison abstained.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-658 ADOPTING ASSESSMENTS,
BRIDLEWOOD FARM 3RD ADDITION, STREET AND UTILITY
IMPROVEMENT, CITY PROJECT NO. 304.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 12
ITEM 6-Y ADOPT "NO PARKING" ON 26TH AVENUE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-659 AUTHORIZING THE
INSTALLATION OF "NO PARKING" SIGNS ON 26TH AVENUE
BETWEEN KILMER LANE AND MEDICINE RIDGE ROAD.
Motion carried, seven ayes.
ITEM 6-Z ORDER PLANS FOR WESTBRANCH 3RD ADDITION
IMPROVEMENTS, PROJECT 415
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-660 RECEIVING PRELIMINARY
ENGINEERING REPORT, ORDERING PLANS AND SPECIFICATIONS,
WESTBRANCH 3RD ADDITION, STREET AND UTILITIES, CITY
PROJECT NO. 415.
Motion carried, seven ayes.
ITEM 6 -AA REQUEST SPEED STUDY ON COUNTY ROAD 101
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-661 REQUESTING HENNEPIN
COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT
SPEED ZONING STUDY.
Motion carried, seven ayes.
ITEM 6-1111 AWARD CONTRACT FOR LOADER/SNOWBLOWER
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-662 APPROVAL OF BID FOR ONE
WHEELED LOADER AND ONE SNOWBLOWER.
Motion carried, six ayes; Morrison abstained.
Regular Council Meeting
October 17, 1994
Page 13
ITEM 6 -CC DENY CAVANAUGH REQUEST FOR EXTENSION OF
PURCHASE OPTION
MOTION was made by Councilnember Anderson, seconded by Councilmember
Edson, to deny the request of W.J. Cavanaugh for an extension of time to exercise
a purchase option on five acres at the northeast corner of Vicksburg Lane and
Highway 55.
Motion carried, seven ayes.
ITEM 6 -DD AUTHORIZE REQUEST FOR PROPOSALS FOR INDEPENDENT
AUDIT SERVICES
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this item. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-663 AUTHORIZING THE FINANCE
DIRECTOR TO SOLICIT PROPOSALS FOR CITY AUDIT SERVICES.
Motion carried, six ayes; Morrison abstained.
ITEM 6 -EE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
REFUNDING BONDS FOR SCOVILLE PRESS
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-664 AUTHORIZING THE ISSUANCE
OF ITS VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT
REVENUE REFUNDING BONDS (SCOVILLE PRESS, INC. PROJECT),
SERIES 1994 IN THE AGGREGATE PRINCIPAL AMOUNT OF
3,600,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE
EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT
AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE
EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY
THEREOF; APPROVING A FINAL FORM OF PLACEMENT
MEMORANDUM; AND PROVIDING FOR THE SECURITY, RIGHTS,
Regular Council Meeting
October 17, 1994
Page 14
AND REMEDIES OF THE OWNERS OF SAID REVENUE REFUNDING
BONDS.
Motion carried, six ayes; Morrison abstained.
ITEM 6 -FF COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP
PROGRAM
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-665 AUTHORIZING APPLICATION
AND PRIMARY CONTACT PERSON TO THE COMMUNITY
ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM.
Motion carried, seven ayes.
ITEM 7 ASSESSMENT HEARINGS
Public Works Director Moore explained the assessment hearing procedures and
requirements for appeal, as well as the payment options.
ITEM 7 -A -I ASSESSMENT HEARING - SCHMIDT LAKE ROAD
IMPROVEMENTS, PROJECT 213
Director Moore described the assessment area for Project 213, Schmidt Lake
Road/Fernbrook Lane Improvements. The total project cost is $2.6 million, with
1.2 million to be assessed to benefiting properties. The remainder will be borne
by tax increment financing funds. He said that written objections were received
from Steven Hoyt for Plymouth Partners 11 and Marlin D. Grant on behalf of Mary
Anderson Construction.
Mayor Tierney opened the assessment hearing at 7:25 p.m.
Marlin Grant, 8901 Lyndale Ave. S., Bloomington, President of Mary Anderson
Construction, stated that the segment of Schmidt Lake Road abutting his property
will not be completed this year. He requested that the assessment be continued as
a pending assessment, rather than a levied assessment, until the work is completed.
He is not opposed to the improvement or the assessment once the work is
completed.
Manager Johnson suggested that any specific proposed assessments with questions
be tabled to the next meeting for staff report.
Mayor Tierney closed the hearing at 7:29 p.m.
Regular Council Meeting
October 17, 1994
Page 15
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-666 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 213, SCHMIDT LAKE ROADIFERNBROOK LANE,
STREET AND UTILITIES; RESOLUTION 94-667 ADOPTING
ASSESSMENTS, CITY PROJECT NO. 213, SCHMIDT LAKE
ROAD/FERNBROOK LANE, STREET AND UTILITIES; and
RESOLUTION 94-668 ADOPTING ASSESSMENTS, CITY PROJECT
NO. 213, WATER AREA, SCHMIDT LAKE ROAD/FERNBROOK LANE,
with the exception of the assessments for the Hoyt property and Mary
Anderson property which will be tabled for a staff report.
Councilmember Morrison stated that her law firm has represented one of the
parties involved in the assessment roll. Since it is one of the assessments to be
tabled, she will participate in this vote.
Motion carried, six ayes; Helliwell nay.
ITEM 7-A-2 ASSESSMENT HEARING, DUNKIRK LANE, PROJECT 308
Director Moore described the assessment area and improvements for Project 308.
Mayor Tierney opened the assessment hearing at 7:32 p.m.
Steven Platz, 4215 Dunkirk Lane, stated his residence is just north of the sanitary
sewer service. He objected to the way in which sanitary sewer was extended to his
property, and he believes he may be assessed an excessive cost because his
property was not included in the original project planning. He stated that he was
not notified of a pending assessment for this project and was not allowed the
advantage of a bid price as part of the original contract. He is pleased with the
completed project.
The assessment hearing was closed at 7:35 pm.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-669 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 308, DUNKIRK LANE, STREET AND SEWER
LATERAL and RESOLUTION 94-760 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 308, DUNKIRK LANE, STREET, SEWER, AND WATER
LATERAL, with the exception of Mr. Platz' assessment which is tabled for
report by staff.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 16
ITEM 7-A-3 ASSESSMENT HEARING - FERNBROOK LANE WATERMAIN
IMPROVEMENTS, PROJECT 311
Director Moore described the assessment area and improvements for Project 311.
Mayor Tierney opened the assessment hearing at 7:38 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-671 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 311, FERNBROOK LANE TRUNK WATERMAIN
IMPROVEMENT.
Motion carried, seven ayes.
ITEM 7-A-4 FERNBROOK LANE STREET AND UTILITY IMPROVEMENTS
PROJECT 907
Director Moore described the assessment area and improvements for Project 907.
Mayor Tierney opened the assessment hearing at 7:40 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-672 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 907, FERNBROOK LANE STREET
IMPROVEMENTS; RESOLUTION 94-673 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 907, WATER AREA FERNBROOK LANE; and
RESOLUTION 94-674 ADOPTING ASSESSMENTS, CITY PROJECT
NO. 907, FERNBROOK LANE STREET AND UTILITIES.
Motion carried, seven ayes.
ITEM 7-A-5 1994 DELINQUENT WATER, SEWER RECYCLING AND
STREET LIGHTING
Finance Director Hahn presented the 1994 delinquent monthly water, sewer,
recycling, and street lighting service charges; 1994 unpaid annual street lighting for
unimproved parcels; and 1994 unpaid annual recycling fees.
Mayor Tierney opened the assessment hearing at 7:42 p.m. No one appeared, and
the hearing was closed.
Regular Council Meeting
October 17, 1994
Page 17
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-675 ADOPTING ASSESSMENTS,
1994 DELINQUENT MONTHLY WATER, SEWER, RECYCLING, AND
STREET LIGHTING SERVICE CHARGES; RESOLUTION 94-676
ADOPTING ASSESSMENTS, 1994 UNPAID ANNUAL STREET
LIGHTING FOR UNIMPROVED PARCELS; and RESOLUTION 94-677
ADOPTING ASSESSMENTS, 1994 UNPAID ANNUAL RECYCLING
FEES.
Motion carried, seven ayes.
ITEM 7-A-6 1994 WEED ERADICATION AND DESTRUCTION ROLL 1
Finance Director Hahn presented the 1994 weed eradication and destruction
Roll 1.
Mayor Tierney opened the assessment hearing at 7:45 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-678 ADOPTING ASSESSMENTS,
1994 WEED ERADICATION AND DESTRUCTION, ROLL 1.
Motion carried, seven ayes.
ITEM 7-A-7 1994 REMOVAL AND DESTRUCTION OF DISEASED TREES
ROLL 1
Finance Director Hahn presented the 1994 removal and destruction of diseased
trees, Roll 1. He stated that a written objection to the assessment was received
from Kevin and Susan Homan.
Mayor Tierney opened the assessment hearing at 7:46 p.m. No one appeared, and
the hearing was closed.
MOTION was made by Councilmember Edson, seconded Councilmember
Lymangood, to adopt RESOLUTION 94-679 ADOPTING ASSESSMENTS,
1994 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1,
with the exception of the assessment for the Homan property which was
tabled for a report by staff.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 18
ITEM 7-B VACATION OF PORTION OF COUNTY ROAD 10 RIGHT-OF-WAY
ADJACENT TO DEERHAVEN 2ND ADDITION
Public Works Director Moore presented the staff report on the request for
vacation over a portion of County Road 10 street right-of-way.
Mayor Tierney opened the public hearing at 7:48 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood,
to adopt RESOLUTION 94-680 AUTHORIZING THE VACATION OF
COUNTY HIGHWAY NO. 10 RIGHT-OF-WAY WITHIN DEERHAVEN
ADDITION.
Motion carried, seven ayes.
ITEM 7-C VACATION OF EASEMENTS FOR MEDICINE LAKE
INDUSTRIAL PARK
Public Works Director Moore presented the staff report on the request for
vacation of drainage and utility easements within Medicine Lake Industrial Park.
Mayor Tierney opened the public hearing at 7:50 p.m. No one appeared, and the
hearing was closed.
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate in the voting to avoid any
appearance of impropriety.
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-681 AUTHORIZING THE
VACATION OF A PORTION OF DRAINAGE AND UTILITY
EASEMENTS IN MEDICINE LAKE INDUSTRIAL PARK.
Motion carried, six ayes; Morrison abstained.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-682 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF RESOLUTION NO. 94-681 VACATING
DRAINAGE AND UTILITY EASEMENTS WITHIN MEDICINE LAKE
INDUSTRIAL PARK ADDITION.
Motion carried, six ayes; Morrison abstained.
Regular Council Meeting
October 17, 1994
Page 19
ITEM 7-D VACATION OF EASEMENTS FOR W.S.T. 2ND ADDITION
Public Works Director Moore presented the staff report on the request for
vacation of drainage and utility easements within WST 2nd Addition.
Mayor Tierney opened the public hearing at 7:52 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-683 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENTS IN WST 2ND
ADDITION.
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-684 SETTING CONDITIONS TO
BE MET PRIOR TO FILING OF RESOLUTION NO. 94-684 VACATING
DRAINAGE AND UTILITY EASEMENTS WITHIN WST 2ND
ADDITION.
Motion carried, seven ayes.
ITEM 8-A LUNDGREN BROS. CONSTRUCTION. LAND USE GUIDE PLAN
AMENDMENT (93132)
Community Development Director Hurlburt presented the staff report on the
request of Lundgren Bros. Construction for Land Use Guide Plan Amendment
located at the northwest intersection of Peony Lane and Old Rockford Road. She
described the guiding of the land surrounding the site and stated that there are
significant wetlands on the site which is a factor for the reguiding. Following the
Planning Commission public hearing, the Commission recommended reguiding on
a 5-2 vote. They also received a report from staff on the existing land use in the
urban service area which shows that by the year 2010 the City would have a
significant shortage of land in the urban service area for residential development.
Staff recommends approval of the reguiding. A 5/7 vote is required for adoption
of the reguiding, and the Council has wide discretionary authority to consider
guiding matters.
Councilmember Lymangood commented on the staff report regarding the
projected uses and land available for development. He said that a similar result is
forecast for the entire metro -area. The report indicates a shortage within 4 1/2
years in residential land, but there is sufficient supply in commercial land for about
15 years.
Regular Council Meeting
October 17, 1994
Page 20
Terry Forbord, 935 East Wayzata Blvd., represented Lundgren Bros. and
introduced Robert Strachota and Sherman Malkerson who each submitted letters
with opinions on and support for the reguiding request. He said this land has been
guided as industrial property since the mid 1960's, and Plymouth has changed
substantially since that time. There are two elementary schools within walking
distance of this site, as well as the new high school and playfield. He stated that
the properties to the west, east, and north are guided for residential development.
He submitted reasons the land is appropriate for residential development. 1)
Residential development adapts better to the wetlands; 2) More open space and
less hard surface for residential; 3) The surrounding golf courses, parks and
schools support residential; 4) Industrial development would not use trackage; 5)
Industrial truck traffic could use Peony Lane/Lawndale to access I-94 to the north;
Schmidt Lake Road to access I-494 to the east, and Highway 101 South to access
I-394; 6) Industrial expansion is and will be available on other existing vacant
parcels; 7) Met Council employment projections for Plymouth are excessive and
do not balance with the City's forecasted population growth; 8) The land is not
prime industrial land; 8) There is an extreme shortage of land for residential
development; 10) Poor industrial land will have a negative impact on surrounding
residential areas; and 11) Peony Lane will be the gateway entrance to northwest
Plymouth.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to table this Land Use Guide Plan request until a study session is held on
November 14.
Councilmember Anderson stated his concern is that the EAW for the Soo Line
East proposed development defines this area as a gateway to Plymouth. He
believes that the Council needs to decide factors about the extension of Schmidt
Lake Road before considering this reguiding and the Soo Line East development.
Councilmember Granath asked if the City is under a time deadline to act on the
reguiding application.
Manager Johnson responded that there is no statutory deadline for consideration of
reguiding requests.
Councilmember Edson said that the traffic issues and planning for Schmidt Lake
Road need to be resolved before specific site decisions are made.
Councilmember Morrison stated that her law firm has represented one of the
parties involved in this application. Although no legal conflict of interest may
necessarily be present, she will not participate to avoid any appearance of
impropriety.
Regular Council Meeting
October 17, 1994
Page 21
Mayor Tierney stated she is ready to proceed with the reguiding. She supports
review of the Transportation Guide Plan and would like to get issues related to
Schmidt Lake Road resolved, but doesn't believe that those decisions impact this
reguiding request.
Councilmember Lymangood agreed and stated that the City is responsible that the
planning for northwest Plymouth has not yet been accomplished. He does not
believe that this application should be delayed. He asked about infrastructure
impacts with industrial rather than residential guiding.
Public Works Director Moore responded that an industrial guiding would result in
average daily traffic of 5,500 vehicles, compared to 2,900 vehicles with LA -2
guiding.
Councilmember Anderson expressed concern for approving developments without
a plan for how to support it with sufficient infrastructure. The Schmidt Lake Road
concept needs to first be determined.
Councilmember Edson stated he has concerns with the concept of Schmidt Lake
Road as a minor arterial because it was not constructed in the same manner as
County Road 9 and County Road 10 in terms of buffering the abutting
neighborhoods. He also has concerns about installation of an interchange at I-494
and Schmidt Lake Road. However, this reguiding proposal would reduce traffic.
Councilmember Helliwell stated that the Land Use Guide Plan indicates
service/business uses along Highway 55, and this site falls within that area. There
is also a railroad track abutting the site which is better suited to industrial uses.
She noted that noise problems have occurred elsewhere in the City where tracks
abut residential properties. She also questioned if there are adequate schools in the
area for additional children if residential guiding is approved. She believes that the
existing Land Use Guide Plan was adopted after careful study, and the Council
previously denied a request for residential reguiding southerly of this site.
Councilmember Edson stated this is an important parcel, and he believes it is
appropriate to table the request in order to provide an opportunity for the Council
to discuss the alternatives and plans for this area.
Councilmember Lymangood questioned the intent of the tabling motion.
Councilmember Anderson stated he believes that after the issue is discussed at the
study session on November 14, it can be placed on a regular meeting agenda for
action.
Regular Council Meeting
October 17, 1994
Page 22
Motion to table carried: Helliwell, Granath, Edson, Anderson, and Tierney ayes;
Lymangood nay; Morrison abstained.
MOTION was made by Councilmember Anderson, seconded by Mayor Tierney to
establish a study session for November 14 at 7 p.m.
Motion carried, seven ayes.
ITEM 9-A THIRD QUARTER FINANCIAL REPORT
Finance Director Hahn presented the third quarter financial report. He stated that
the year-to-date percentage of valuation loss has decreased from 19.2 percent at
the end of the second quarter, to the current loss percentage of 16.9. However,
Hennepin County has traditionally made an effort to resolve old cases at year end.
Therefore, no change is proposed to the earlier projection of $555,000 for the
General Fund share. Permit fees are still up substantially because of the magnitude
of commercial/industrial development. Rising interest rates have started to slow
new construction of single family residential homes. Fines and forfeitures are
down for the year and a shortfall of $105,000 is projected.
Mayor Tierney asked why the estimate for fines and forfeitures was high for 1994.
Director Hahn responded that typically the fines and forfeitures have increased
with population. This year, there are additional costs being incurred, but the fine
rates have not increased.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to accept the third quarter financial report.
Motion carried, seven ayes.
TTEM 9-B FINANCIAL TREND REPORT
Financial Analyst Helgeson presented the 1993 Financial Trend Report.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to accept the Financial Trend Report.
Motion carried, seven ayes.
Regular Council Meeting
October 17, 1994
Page 23
ITEM 9-C CITY OF PLYMOUTH. REPORT ON SUBD. ORDINANCE
AMENDMENT REGARDING CUL-DE-SACS (94133)
Community Development Director Hurlburt stated that Plymouth's subdivision
regulations provide that cul-de-sacs shall normally not be longer than 500 feet in
length. Recently, the Council has reviewed and acted on a number of development
proposals that contained cul-de-sacs in excess of 500 feet. This called the standard
into question, and raised issues regarding when emergency accesses should be
required for long cul-de-sacs and when variances are justified. She said that an
inventory of cul-de-sacs in the City indicate that 20 percent of the cul-de-sacs
exceed the 500' limit, and in some instances the cul-de-sacs are much longer than
500'. She discussed several options: 1) Keep the current standard; 2) Increase the
standard to a higher limit; or 3) Develop performance standards for all cul-de-sacs.
Councilmember Morrison asked how a new ordinance would be implemented.
Director Hurlburt responded that if the ordinance is amended, staff would
immediately begin applying the requirements to all preliminary and final plat
applications that come before the Planning Commission. She said that each
application would be considered under the ordinance that is officially adopted at
the time the formal preliminary or final plat request is made. She also noted that
the inventory only included public streets.
Councilmember Lymangood stated that the inventory indicates that only 3 percent
of the cul-de-sacs are in excess of 1,000 ft. He is concerned with the proposed
category of 500' to 1,000' cul-de-sacs and the provision that "emergency accesses
would be required if it is possible to decrease response times." He said that the
criteria should not be only for decreasing response time, but also for providing a
second access to a site. He supports the concept of setting performance standards
for cul-de-sacs, but has some concerns with the proposed requirements contained
in the staff report. He has some concern about requests for excessive length cul-
de-sacs where the applicant has created the need for it.
Director Hurlburt stated that the exact standards can be developed further if the
Council approves this concept. A public hearing would be held before the
Planning Commission on the proposed ordinance before consideration by the
Council.
Delbert Case, 17215 23rd Avenue North, opposed any change to the existing
ordinance. He supports adherence to the 500' cul-de-sac maximum length, and
believes it will reduce traffic.
Regular Council Meeting
October 17, 1994
Page 24
Councilmember Granath agreed that 500' length is an adequate and clear standard.
He is not convinced that provisions for an increased length are needed.
MOTION was made by Mayor Tierney to direct staff to prepare an ordinance
incorporating the recommendations of "Option C" as outlined in the staff report,
and to refer the ordinance to the Planning Commission for the required public
hearing. Option C is the development of performance standards for all cul-de-sac
streets.
Motion died for lack of a second.
Further discussion was held on Option C.
Councilmember Edson said that he does not support the provision that emergency
accesses would be required only if is possible to decrease response times. He
believes there are other situations where an alternative access should be provided.
He stated that the Council has previously approved variances for cul-de-sacs
greater than 500' in length. This is an opportunity to tighten the standards through
performance measurement.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to direct staff to prepare an ordinance incorporating the
recommendations of "Option C" as outlined in the staff report and to refer to the
Planning Commission for the required public hearing, with amendment to tighten
the design standards for emergency accesses.
Councilmember Lymangood suggested that Option C be pursued, but that a
category of cul-de-sacs greater than 1,000 ft. in length be deleted.
Councilmember Edson stated that the proposed standard for cul-de-sacs over
1,000 ft. in length is quite restrictive.
Manager Johnson stated that the Council could receive requests for cul-de-sacs
greater than 1,000 ft. in length in rural northwest Plymouth.
Director Hurlburt stated that the Council can't eliminate the possibility of receiving
an application for a variance for a cul-de-sac greater than 1,000 ft. in length.
Councilmember Morrison referenced the traffic volumes of cul-de-sacs discussed
in the staff report and stated that he is not sure that the volume of average daily
trips relates to the problems the Council is attempting to solve.
Director Hurlburt stated that the City has focused on the issue of emergency
accesses when discussing cul-de-sacs. It is much more related to the amount of
Regular Council Meeting
October 17, 1994
Page 25
traffic at the one access point to the cul-de-sac. She advised that the Council not
design cul-de-sacs only around the emergency access issue.
Councilmember Morrison stated this proposal is a starting point and public input
can be obtained through the Planning Commission public hearing.
Motion carried: Helliwell, Edson, Morrison, and Tierney ayes; Granath,
Anderson, and Lymangood nays.
ITEM 9-D WATER QUALITY COMMITTEE RECOMMENDATION TO
PROCEED WITH FEASIBILITY STUDY FOR PARKERS LAKE WATER
QUALITY EWROVEMENTS
Public Works Director Moore recommended that the Council move to proceed
with the Parkers Lake Feasibility Study concurrent with and as part of the
preparation of the Surface Water Management Plan. Parkers Lake improvement
options/recommendations would be given special emphasis in the preparation of
the Surface Water Management Plan rather than conducting a separate study of
water quality improvement options.
Councilmember Lymangood asked if the outcome will be specific in terms of
recommendations regarding feasibility of various options for Parkers Lake.
Director Moore stated that the Bassett Creek Watershed Management
Committee's Diagnostic Study of Parkers Lake addressed several options for
Parkers Lake. This feasibility study would address several of those options. The
cost of the improvements under consideration would be about $1 million.
Councilmember Lymangood stated that this proposed action would take advantage
of the studies that have already been conducted on Parkers Lake. He believes that
the Council needs to take a new approach toward water quality issues and believes
that a comprehensive approach is needed to act on issues affecting water quality.
Manager Johnson stated that there are many efforts underway relating to water
quality in addition to the Surface Water Management Plan, such as the proposed
wetland ordinance, possibility of a fertilizer control ordinance, education efforts,
changes in City operating procedures, and water quality planning for next year. He
suggested that a task force may be needed to accomplish a comprehensive
approach toward water quality issues.
Councilmember Granath endorsed the concept of a water quality task force and
stated that a task force would be an effective approach. He said there is a great
deal of complexity in water quality issues and there is no single solution.
Regular Council Meeting
October 17, 1994
Page 26
Marsha Videen, 1151 Kingsview Lane, represented East Parkers Lake
Improvement Association. She supported the motion and stated that since Parkers
Lake and this watershed is entirely in Plymouth, the City can do something to
correct the problems. The water quality problems will only get worse if nothing is
done.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Edson, to proceed with the Parkers lake Feasibility Study concurrent with and as
part of the preparation of the Surface Water Management Plan. Parkers Lake
improvement options/recommendations should be given special emphasis in the
preparation of the Surface Water Management Plan rather than conducting a
separate study of water quality improvement options.
Motion carried, seven ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to direct staff to provide options for establishment of a water quality
task force.
Motion carried, seven ayes.
ITEM 9-E WATER QUALITY COMMITTEE VACANCY
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to table an appointment to fill the vacancy on the Water Quality
Committee.
Councilmember Edson stated it has been many months since commission
interviews were conducted, and he believes this vacancy should be filled with the
other board and commission appointments in January, 1995.
Motion carried, seven ayes.
ITEM 9-F MEMBERSHIP IN ASSOCIATION OF METROPOLITAN
MUNICIPALITIES (AMM)
Discussion was held on the benefits of membership and annual fee relating to
consideration of membership in the Association of Metropolitan Municipalities
AMM).
Mayor Tierney believes that the City should be a member of AMM because of the
AMM's heavy involvement with the Metropolitan Council.
Regular Council Meeting
October 17, 1994
Page 27
Director Hurlburt stated the Metropolitan Council is an important focus for the
AMM. The AMM is present at the Met Council's deliberation on policy matters
and a participant in the Blueprint process.
Councilmember Granath stated he will support membership because of the
growing importance of the Metropolitan Council's role and its implementation
powers on some issues. He does not agree with all of the AMM policy positions
and would prefer direct interaction between the City and Metropolitan Council;
however, he will support membership to give this organization a chance.
Councilmember Morrison stated she is reluctant to spend money for membership in
an organization that lobbies on some positions that the City may not support. She
also questioned how well the City may be represented when interests are at odds
with other cities. However, she believes that the benefits of information gathering
are worth the cost of membership.
Councilmember Helliwell stated the AMM is the only lobbying organization that
deals with mass transit issues.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to
approve membership in the AMM.
Motion carried, five ayes; Anderson and Edson nays.
ITEM 9-G PROCESS FOR APPOINTMENTS TO BOARDS AND
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to direct staff to: 1) Report to the Council at the next meeting by
identifying all upcoming vacancies on every commission and board and all pending
applications; 2) Advise all current commission/board members that they will be
required to reapply if their term is expiring; 3) Notify the public of the opportunity
to submit applications for open seats; and 4) Report back to the Council no later
than the first regular meeting of December, 1994: all applications received,
together with a request that the Council i) establish a subcommittee to conduct
interviews and make recommendations to the full Council.
Motion carried, six ayes; Tierney nay.
Councilmember Edson volunteered to serve as one member on the Subcommittee.
Regular Council Meeting
October 17, 1994
Page 28
ITEM 9-H REPORT ON STATUS OF RAILROAD CROSSING AT PINEVIEW
LANE
Manager Johnson reported that there is still no action on the part of the railroad to
install the cross arms and lights at the Pineview Lane crossing. He said the railway
strike may have delayed the project, and the City is unable to progress because the
railroad has advised that its rules provides it must plan and do the work.
Councilmember Edson stated that he has been working on this issue and recently
sent a letter to Plymouth's state representatives suggesting they may wish to give
jurisdiction to a City to demand control at a railroad crossing when the work is not
accomplished within a certain amount of time. He also invited a Soo Line
representative to attend the Ward 4 Town Meeting.
ITEM 9-I REPORT ON MPRS LAWSUIT
Councilmember Granath stated that the Council has been advised of the status of
the MPRS lawsuit. He stated the suit involves many cities, and the decision is that
there was a discriminatory practice. He believes the City should distance itself
from the process found to be discriminatory.
Manager Johnson explained that the City has not been using the test which is the
subject of the lawsuit. He stated that staff does not intend to recommend renewal
of the MFRS contract for police hiring in the future.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Lymangood, to adjourn the meeting at 9:59 p.m.
Motion carried, seven ayes.
O
City Clerk