HomeMy WebLinkAboutCity Council Minutes 12-19-1994MINUTES
REGULAR COUNCIL MEETING
DECEMBER 19, 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
December 19, 1994.
City Clerk Ahrens administered the Oath of Office to Ward 2 Councilmember Tim Wold.
PRESENT: Mayor Tierney; Councilmembers Lymangood, Helliwell, Granath, Edson,
Anderson, and Wold.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, Community Development Director Hurlburt, Finance Director Hahn,
Police Lieutenant Ward, Public Safety Support Services Supervisor Cox, Attorney
Barnard, and City Clerk Ahrens.
ITEM 3 FORUM
No one appeared for the Forum.
ITEM 4 CITY ATTORNEY
Mayor Tierney announced that this will be the last meeting for City Attorney Allan
Barnard. She thanked Mr. Barnard for his fine work the last 9 months.
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Anderson, seconded by Councilmember
Wold, to approve the agenda.
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Items 6-C, 6-D, 6-G-5, 6-J-2, 6-L, and 6 -FF were removed from the Consent
Agenda. The Council received amended reports on Items 6-E, 6-J-2, 6-M, and 6 -
EE, but these items (except 6-J-2) remained on the Consent Agenda.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to approve the Consent Agenda as amended.
Regular Council Meeting
December 19, 1994
Page 2
Motion carried, seven ayes.
ITEM 6-A APPROVAL OF MINUTES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to approve the City Council minutes of the September 26 special meeting,
the November 28 special meeting, the November 30 Truth in Taxation hearing,
and the December 5 regular meeting.
Motion carried, seven ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94- 812 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING DECEMBER 9, 1994.
Motion carried, seven ayes.
ITEM 6-E SET SPECIAL COUNCIL MEETING DATE
MOTION was made by Councihnember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-813 ESTABLISHING COUNCIL
STUDY SESSION FOR JANUARY 23, 1995.
Motion carried, seven ayes.
ITEM 6-F SET HEARING ON LIQUOR APPLICATION OF ITALIANNI'S
MOTION was made by Councilmember Anderson, seconded by Councihnember
Edson, to adopt RESOLUTION 94-814 SETTING PUBLIC HEARING ON
ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE
APPLICATIONS OF TGI FRIDAY'S OF MINNESOTA INC.
Motion carried, seven ayes.
ITEM 6-G LICENSE RENEWALS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-815 APPROVING 1995 CIGARETTE
LICENSES.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 3
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-816 APPROVING 1995 AMUSEMENT
LICENSES.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-817 APPROVING GASOLINE
SERVICE STATION LICENSES FOR 1995.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-818 APPROVING KENNEL LICENSE
FOR 1995.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-819 APPROVING TAXICAB AND TAXI
DRIVER LICENSES FOR 1995.
Motion carried, seven ayes.
ITEM 6-11 ORDINANCE AMENDING UTILITY BILLING PROCESS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt ORDINANCE 94-25 AMENDING SECTIONS 600 AND
700 OF THE PLYMOUTH CITY CODE, relating to the utility billing
process.
Motion carried, seven ayes.
ITEM 6-I ACCEPT 1995 WORK PROGRAMS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-820 ACCEPTING 1994 ANNUAL
REPORT OF PLYMOUTH HUMAN RIGHTS COMMISSION.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 4
ITEM 64 ACCEPT 1995 WORK PROGRAMS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-821 APPROVING 1995 PLANNING
COMMISSION WORK PROGRAM.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-822 APPROVING 1995 HUMAN
RIGHTS COMMISSION WORK PROGRAM.
Motion carried, seven ayes.
ITEM 6-K AMENDMENT OF 1994 CBBG BUDGET
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-823 AUTHORIZING THE
AMENDMENT AND REALLOCATION OF FISCAL YEAR 1994
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET,
FUND 232.
Motion carried, seven ayes.
ITEM 6-M MCHUNTER COMPANY LLC. MPUD FINAL PLAT FOR
HARRISON PLACE ON BASS CREEK (94051) (MPUD 94-1)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTIN 94-824 APPROVING MPUD FINAL PLAT
AND DEVELPMENT CONTRACT FOR MCHUNTER COMPANY LLC
FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
TRENTON LANE NORTH AND COUNTY ROAD 10 (94051) (MEUD 94-
1).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-825 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
MCHUNTER COMPANY LLC FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF TRENTON LANE NORTH AND COUNTY
ROAD 10 (94051) (MPUD 94-1).
Regular Council Meeting
December 19, 1994
Page 5
Motion carried, seven ayes.
MOTION was made by Couuncilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-826 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 505, SANITARY SEWER AND WATERMAIN AREA -
HARRISON PLACE ON BASS CREEK.
Motion carried, seven ayes.
ITEM 6-N WELSH COMPANIES. SITE PLAN AND VARIANCE (94130)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-827 APPROVING SITE PLAN AND
VARIANCES FOR WELSH COMPANIES FOR PROPERTY LOCATED
AT 10700 STATE HIGHWAY 55 (94130).
Motion carried, seven ayes.
ITEM 6-0 CORVETTE'S UNLIMITED. CONDITIONAL USE PERMIT (94132)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-828 APPROVING CONDITIONAL USE
PERMIT FOR CORVETTE'S UNLIMITED (94132).
Motion carried, seven ayes.
ITEM 6-P ST. MARY'S OF THE LAKE CHURCH. CONDITIONAL USE
PERMIT (94142)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-829 APPROVING CONDITIONAL USE
PERMIT FOR ST. MARY OF THE LAKE CHURCH LOCATED AT 105
FORESTVIEW LANE (94142).
Motion carried, seven ayes.
ITEM 6-O L.A. DONNAY. FINAL PLAT FOR WELLINGTON PARK
TOWNHOUSES (94106)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-830 APPROVING FINAL PLAT FOR
L.A. DONNAY FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF RANCHVIEW LANE NORTH AND 28TH AVENUE
NORTH (94106).
Regular Council Meeting
December 19, 1994
Page 6
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-831 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR L.A.
DONNAY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER
OF RANCHVIEW LANE NORTH AND 28TH AVENUE NORTH (94106).
Motion carried, seven ayes.
ITEM 6-R MICHAEL RITCHIE. LOT DIVISION (94152)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-832 APPROVING LOT DIVISION FOR
MICHAEL RITCHIE FOR PROPERTY LOCATED AT 14455 12TH
AVENUE NORTH (94152).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-833 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR
MICHAEL RITCHIE FOR PROPERTY LOCATED AT 14455 12TH
AVENUE NORTH (94152).
Motion carried, seven ayes.
ITEM 6-S CARLSON COMPANIES. MPUD CONCEPT PLAN, PRELIMINARY
PLAN/PLAT, CUP AND VARIANCE (94088)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-834 APPROVING MIXED PLANNED
UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT CONDITIONAL
USE PERMIT AND VARIANCE FOR CARLSON REAL ESTATE
COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST
INTERSECTION OF I-494 AND CARLSON PARKWAY (94088);
AMENDING RESOLUTION 94-730.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 7
ITEM 6-T SITE IMPROVEMENT PERFORMANCE AGREEMENT
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-835 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR PRIME BUILDERS INC.,
PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF
TRENTON LANE AND 44TH AVENUE NORTH (93091).
Motion carried, seven ayes.
Item 6-T-2 is identical to 6-U).
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-836 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR PRIME BUILDERS INC.
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BASS
LAKE ROAD AND NATHAN LANE NORTH (94091).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-837 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR HOLIDAY COMPANIES
PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH
SHORE DRIVE AND HIGHWAY 55 (93100).
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-838 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR BALDOR ELECTRIC
COMPANY FOR PROPERTY LOCATED AT 12955 STATE HIGHWAY
NO. 55 (94024).
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 8
ITEM 6-U BASS LAKE DEVELOPMENT COMPANY. RELEASE OF SITE
PERFORMANCE GUARANTEE (86065)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-839 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR BASS LAKE
DEVELOPMENT COMPANY FOR PROPERTY LOCATED NORTH OF
CO. RD. NO. 10 AND SOUTH OF NORTHWEST BOULEVARD (86065).
Motion carried, seven ayes.
ITEM 6-V RELEVY OF DEFERRED ASSESSMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-840 RELEVY OF DEFERRED
ASSESSMENTS, for County Road 9/County Road 101 Trunk Watermain
and Northwest Trunk Sanitary Sewer.
Motion carried, seven ayes.
ITEM 6-W CHANGE ORDER 3 FOR 1993 STREET RECONSTRUCTION
PROGRAM, PROJECT 301
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-841 APPROVING CHANGE ORDER
NO. 3, 1993 STREET RECONSTRUCTION, CITY PROJECT NO. 301.
Motion carried, seven ayes.
ITEM 6-X FINAL PAYMENT FOR 1993 STREET RECONSTRUCTION
PROGRAM, PROJECT 301
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-842 REQUEST FOR PAYMENT NO. 6
AND FINAL, 1993 STREET RECONSTRUCTION, CITY PROJECT NO.
301.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 9
ITEM 6-Y ADVERTISE FOR BIDS, PROJECT 310
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-843 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
HIGHWAY 55 AT COUNTY ROAD 24 AND NEW COUNTY ROAD 9,
TRAFFIC CONTROL SIGNAL SYSTEM, CITY PROJECT NO. 310.
Motion carried, seven ayes.
ITEM 6-Z LAND SURVEYOR'S CERTIFICATE OF CORRECTION FOR
SAVANNAH ADDITION (93112)
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-844 AUTHORIZING THE MAYOR
AND CLERK TO SIGN THE LAND SURVEYOR CERTIFICATE OF
CORRECTION, SAVANNAH ADDITION (93112).
Motion carried, seven ayes.
ITEM 6 -AA SET HEARING ON VACATION IN PLYMOUTH OAKS
ADDITION
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-845 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF A PORTION OF 41ST AVENUE
NORTH RIGHT-OF-WAY, PLYMOUTH OAKS ADDITION.
Motion carried, seven ayes.
ITEM 6 -BB NAMING SEVEN PONDS/HEATHER RUN PARK "HEATHER
PONDS PARK"
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-846 NAMING SEVEN
PONDSIHEATHER RUN PARK "HEATHER PONDS" PARK.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 10
ITEM 6 -CC SET ASSESSMENT HEARING FOR 1994 WEED ERADICATION.
ROLL 2
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-847 FOR PUBLIC HEARING ON
PROPOSED ASSESSMENT, 1994 WEED ERADICATION AND
DESTRUCTION, ROLL 2.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-848 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR 1994 WEED ERADICATION AND DESTRUCTION,
ROLL 2.
Motion carried, seven ayes.
ITEM 6 -DD SET ASSESSMENT HEARING ON 1994 REMOVAL OF
DISEASED TREES, ROLL 2
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-849 FOR PUBLIC HEARING ON
PROPOSED ASSESSMENT, 1994 REMOVAL AND DESTRUCTION OF
DISEASED TREES, ROLL 2.
Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-850 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR 1994 REMOVAL AND DESTRUCTION OF
DISEASED TREES, ROLL 2.
Motion carried, seven ayes.
ITEM 6 -EE CITIZEN COMMUNICATION POLICY
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-851 ADOPTING CITIZEN
COMMUNICATION POLICY.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 11
ITEM 7-A P.O.S. BUSINESS SYTEMS. TAX INCREMENT FINANCING PLAN
FOR SOIL CORRECTION TAX INCREMENT DISTRICT
Community Development Director Hurlburt presented the staff report on the
application of P.O. S. Business Systems for a tax increment financing plan for
establishment of a Soil Correction Tax Increment District. Representatives of
P.O. S. Business Systems were present to answer questions.
Mayor Tierney opened the public hearing on the Tax Increment Financing Plan,
proposed TIF (Soils Condition) District 7-3 for the P.O. S. Business Systems
Project. No one appeared, and the hearing was closed.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-852 APPROVING A TAX INCREMENT
PLAN AND DISTRICT FOR TAX INCREMENT FINANCING (SOILS
CORRECTION) DISTRICT NO. 7-3.
Motion carried, seven ayes.
ITEM 8-A ZONING ORDINANCE AMENDMENT RELATING TO
ELECTRONIC MESSAGE SIGNS (94114)
Community Development Director Hurlburt presented the staff report on the
request for amendment to the Zoning Ordinance relating to electronic message
signs. The Planning Commission recommended approval of the ordinance
amendment on a 4 to 3 vote. The amendment would permit electronic message
signs in the City. This amendment is the result of a request by Signcrafters, Inc.,
who has proposed placing a message sign board for customers waiting in the drive
through line at an Arby's restaurant. The Zoning Ordinance currently doesn't allow
a sign with movement, other than a time/temperature sign.
Director Hurlburt said that staff surveyed other suburban communities on this issue
and the response was mixed. The Planning Commission, on a split vote, modified
the draft ordinance to eliminate the requirement of Conditional Use Permit
approval for these signs. The Commission members in support of the amendment
stated that the draft resolution included specific conditions restricting where these
signs could be placed and that it would abe unlikely that the Commission or City
Council would add additional conditions through the conditional use permit
process.
Staff originally recommended denial of this request and would still prefer not to
see the ordinance amended. However, staff believes that the draft ordinance does
Regular Council Meeting
December 19, 1994
Page 12
contain specific language that would control the size and limit the proliferation of
these signs. If the Council prefers to deny the request, no action is necessary.
Mayor Tierney asked how Signcrafters, Inc., proposes to use the sign and if it
would be visible from the roadway.
Director Hurlburt explained that the proposal is to install the sign in the drive-
through lane and it would be visible to vehicles in the waiting line. Each situation
would need to be monitored to determine whether a proposed sign would be
visible from the streeet.
Jack Lawrance, represented SignCrafters, Inc., 7775 Main Street NE Fridley,
requested approval of the ordinance amendment. He said that people in the drive-
through Arby's line could view the message board. This board is planned to be P
high and 6' long and would list the food specials and promote customer service.
There would be a similar sign inside the business. He said that visibility of the sign
is limited to 30 yards and would be seen only in the drive-through lane.
Councilmember Granath noted that this proposed sign would only be visible from
the drive-through lane; however, an ordinance amendment would apply to other
situations as well. He asked if a sign of 14 sq. ft., which is the maximum size in
the proposed ordinance, could be visible from a roadway.
Jack Lawrance described the proposed sign for Arby's. It would be 7 to 8' off the
ground, and would only be visible for about three vehicle lengths, or 30'. In this
case, it would not be visible from the street.
Councilmember Granath expressed concern that the proposed ordinance
amendment could allow a 14 sq. ft. sign with flashing lights which could be a
safety hazard for traffic on the public roadway.
Councilmember Edson said that the proposed Arby's sign is only 6 sq. ft. He
asked why a maximum of 14 sq. ft. is proposed in the ordinance amendment, and
whether the ordinance could include a restriction that electronic signage cannot
attract vehicles from the public street.
Director Hurlburt responded that 14 sq. ft. is consistent with directional sign
standards. The Council could reduce the maximum size of electronic message
signs.
Councilmember Edson said that "visible from a public street" could be interpreted
in different ways. He believes that an electronic message sign that is 14 sq. ft.
could be an attraction from the street, even if the lettering cannot be distinguished.
Regular Council Meeting
December 19, 1994
Page 13
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 94-26 AMENDING PORTIONS OF THE
ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND
KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO
ELECTRONIC MESSAGE SIGNS (94114), with a change to (6)(b) that
The message board shall be no greater than 6 square feet."
Mayor Tierney stated that a maximum size of 6 sq. ft. may be too limited.
Councilmember Helliwell asked if someone could request a variance if a proposed
sign was larger than 6 sq. ft. or partially visible from the public street.
Director Hurlburt responded that it is possible that someone could request a
variance, but it would be difficult to prove hardship which is required for variance
approval.
Manager Johnson said he has concerns that staff will need to determine if a sign is
visible" from the street on a case-by-case basis.
Councilmember Helliwell said she will not support this ordinance amendment. She
believes that limiting signage is very important to maintaining aesthetics, and
believes that Plymouth currently has good signage policies in place. Many more
requests for electronic message boards could be received if the ordinance is
amended.
Manager Johnson suggested that a restriction on the height of the signage letters
could also be adopted.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
amend the main motion to add (6)(d) "Characters and letters can be no more than
4" in height."
Motion to amend carried, six ayes; Helliwell nay.
Main motion as amended carried: five ayes; Helliwell and Granath nays.
ITEM 8-13 REQUEST FOR DEFERMENT OF SPECIAL ASSESSMENT,
PROJECT 213
Public Works Director Moore presented the staff report on the request of Mohsen
Sadeghi for deferment of special assessment for property at West Medicine Lake
Drive and Northwest Boulevard, Project No. 213. He said that Mr. Sadeghi did
not speak at the assessment hearing on October 17 or file a written objection to the
Regular Council Meeting
December 19, 1994
Page 14
assessment. Mr. Sadeghi submitted a letter after the hearing requesting that his
assessment be deferred to allow him time to market and sell the property.
Director Moore said that in order for Mr. Sadeghi's property to be developed, the
watermain was necessary. His property now has full potential for development.
The City has adopted policies concerning deferral of special assessments in
residential areas which pertain to homesteaded property. This is not a
homesteaded property. The purpose of the policy is to allow property owners
living on a larger parcel of land the opportunity to sell the property when public
improvements are installed if they do not wish to continue living at the site. The
policy does not provide for deferment on vacant properties. Director Moore
recommended that the request for deferment of special assessments be denied.
Mohsen Sadeghi, 35 Groveland Terrace, Minneapolis, said he was present at the
assessment hearing but did not understand the process. He has owned the
property since 1989, and last year gave the City permission to store dirt on his
property and for a temporary cul-de-sac. He said he is unable to sell his property
because there is an "industrial eyesore" on the abutting property.
Director Moore said that Mr. Sadeghi claims the use on the adjacent property has
changed.
Director Hurlburt said that about a year ago, staff received an inquiry about the
use on the adjacent site. The site is a legal, nonconforming use. She was informed
that the use on the property has been expanded over the years, but staff sees no
legal means to address the situation. The site was zoned for industrial use at one
time. The nonconformity is the type of vehicles and storage occurring on the site.
Mayor Tierney asked if the City accessed Mr. Sadeghi's property in order to install
improvements.
Director Moore said that Mr. Sadeghi was compensated for the use of his property
for construction.
Mr. Sadaghi said the assessment is a hardship on him and his family. He believes it
is appropriate to defer the assessment until the property can be sold or developed.
Councilmember Granath asked if Mr. Sadaghi lost his option to appeal the
assessment by not objecting at the assessment hearing.
Atttorney Barnard stated the law provides that a written objection must be filed at
or before the assessment hearing.
Regular Council Meeting
December 19, 1994
Page 15
Mayor Tierney stated that this appears to be strictly a legal issue that the Council
should not attempt to further address.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
deny the request of Mohsen Sadephi for deferment of special assessments.
Motion carried: Helliwell, Edson, Lymangood, and Tierney ayes; Anderson,
Granath, and Wold nays.
ITEM 8-C DESIGNATION OF SNOWMOBILE AREAS
Public Safety Director Gerdes stated that the Council adopted a revision to the
snowmobile ordinance on October 3. As part of the process, a snowmobile task
force was created to review use within the City and make recommendations
regarding additional trails and/or restrictions. Two additional committees were
formed to develop rules and regulations for snowmobile use on Parkers Lake and
Schmidt Lake. He said the consensus is to allow snowmobiling on Parkers Lke
and Schmidt Lake.
The snowmobile task force is recommending eight additional areas be designated
for snowmobile use. Staff has no concerns with the following recommendations:
1) County Road 47 extending the authorized spur from Juneau Lane east to
Northwest Blvd.; 2) County Road 9 from Vicksburg east to Turtle Lake Creek;
3) Highway 101 north of Highway 55 within the City limits; 4) Parking at Parkers
Lake with lake access, south side of County Road 6; and 5) Parking lot on West
Medicine Lake Drive to Medicine Lake park.
The task force also suggested the use of the City Hall parking lot to Highway 55
via Plymouth Blvd. Director Gerdes said this may be a good future use, but
should be deferred until next year due to the construction activity at the City
Center. The task force also recommended snowmobile use be allowed in the Lake
Camelot Estates _area and the area of Pineview Lane from Northwest Blvd. south
to 58th Avenue. These are residential areas. While staff has no safety issues with
these areas, there has not been sufficient time to notify residents in those areas.
Also, because the two non -snowmobile positions on the task force are vacant,
there is no negative impact information. It may be appropriate to deal with this
and other requests for snowmobile use on residential streets and minor or major
collectors in residential areas similar to stop sign requests which require that 70
percent of the residents sign a petition before an area would be considered.
Councilmember Helliwell noted that there was only one non-snowmobiler on the
task force, and he resigned at the second task force meeting. She questioned the
reason for nonparticipation.
Regular Council Meeting
December 19, 1994
Page 16
Councilmember Granath asked if affected residents have been notified in areas
where snowmobile use is recommended by the task force and staff.
Director Gerdes said that there is no direct impact on residences for the first five
recommended areas. The issue of public notification is one of the reasons he is
recommending that the two residential areas (Camelot Estates and Pineview area)
be delayed.
Councilmember Lymangood provided photographs of damage occurring from a
snowmobile being operated within 10 feet of a business. He said that part of his
concern with expanding the snowmobile areas relates to this type of damage and
the difficulty of enforcement. Representatives of the snowmobile contingent have
indicated a willingness to work with the police department on snowmobile issues,
and he invited them to do so in this particular case. He indicated that he will be
willing to cooperate on considering amendments to the snowmobile ordinance, if
this type of damage and behavor by snowmobilers can be avoided. He also noted
that topography is a danger in many areas.
Councilmember Helliwell said that the snowmobile club has indicated a willingness
to patrol. However, the problem is that they have to load their snowmobiles on
trailers and have no allowable parking for their trailers in order to patrol.
Director Gerdes stated that the ordinance allows for assistance with law
enforcement. Public safety personnel can make exceptions to the ordinance under
emergency provisions to allow for enforcement.
Police Lieutenant Ward said that a snowmobile patrol has not yet been established,
but it may be a component of the overall program in the future.
Mayor Tierney said the City must educate the public about the changes in the
snowmobile ordinance. She asked if the task force will be recommending
additional routes.
Lieutenant Ward said that the task force intends to continue working to identify
additional areas of least impact for snowmobile use.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to table the entire snowmobile report to January 17, 1995.
Councilmember Granath said that the City Council recently took a major step to
restrict snovgnobiling in the City and is now considering exceptions to the
ordinance without notice to the affected residents. He noted that the public was
informed several weeks ago that the Council had significantly curtailed the
operation of snowmobiles in the City. Councilmember Granath stated that a
Regular Council Meeting
December 19, 1994
Page 17
snowmobiler was killed several days ago on a road similar to Highway 55, and he
believes it's unsafe to have snowmobilers operate in an area with automobiles. He
also believes that creating a recreational zone for snowmobiling at Parkers and
Schmidt Lake is contrary to the restrictions the Council recently adopted. Non-
snowmobilers are needed for fair representation on the task force. He is willing to
consider reasonable exceptions to the ordinance, but doesn't believe these
recommendations are consistent with the intent to allow snowmobiling only in the
undeveloped areas of northwest Plymouth.
Councilmember Edson stated his concern is the lack of notice to affected Schmidt
Lake and Parkers Lake residents. He doesn't know if residents are in support of
the proposed changes. He said that snowmobiles have been operated illegally in
the Schmidt Lake Park since adoption of the ordinance, and he is concerned there
are already complaints about illegal snowmobile use and property damage.
Councilmember Helliwell stated that the City Council gave direction to the
snowmobile task forces. The task forces have met and now made
recommendations. She believes the Council should accept all of the
recommendations and not delay the issue further. She said that there are 19
snowmobile owners in the Lake Camelot area, and it is not a problem to allow
snowmobiling there. Councilmember Helliwell expressed concern there there is a
shortage of non-snowmobilers on the task force, but noted that advertising for
members was done in the same manner as for snowmobilers.
Mayor Tierney said she supports the recommendation of the task force and does
not believe the issue should be tabled. She suggested that councilmembers could
serve on the task force if they have concerns about snowmobiling.
Randy Hoglund, 6085 Cheshire Lane, said he is a member of Min USA, and a
member of the snowmobile task force representing Northwest Trails. This is the
midst of the snowmobile season and the Northwest Trails organization is working
with Lieutenant Ward on reported violations. The Council established a task force
in order to make recommendations, and he requested that the recommendations be
acted on and the process not be delayed. He believes that only one non-
snowmobiler serving on the task force is a indication that snowmobiles are not a
concern to the majority of Plymouth residents. The task force system is working
well on this issue.
Mark Rosen, 5940 Yucca Lane, stated he resides in the Lake Camelot area. He
has not operated his snowmobile this year because he doesn't want to violate the
recently adopted ordinance. He requested adoption of the task force
recommendations.
Regular Council Meeting
December 19, 1994
Page 18
Robert Morris, 15525 45th Avenue North, stated he is serving as a member of the
Task Force representing snowmobilers at -large. He favors adoption of all of the
recommendations made by the task force. He said it was unfortunate that the only
nonsnowmobiler resigned from the task force, but noted that one thing decided
when he was still a member was how recommendations would be forwarded to the
City Council. That member also participated in establishing the goals of the task
force and criteria for recommendations to the Council. He stated that the
recommendations would have been adopted even if there were two non-
snowmobilers on the task force. He stated that this issue has become divisive and
it is destructive to community spirit. There is a need to work together and to
aggressively pursue violators. Mr. Morris stated he understands the desire of the
Council to notify those residents affected by the task force recommendations, but
noted that the City gave no notice to registered snowmobilers in the City when the
ordinance to restrict snowmobiling was considered and adopted.
Councilmember Granath asked if staff members serving on the task force were
given the opportunity to vote on the recommendations.
Mr. Morris stated yes. It was the decision of the task force that staff members
would be voting members. He noted that the task force was charged by the
Council to consider additional areas where snowmobiling would be allowed in the
City. The task force attempted to reach a consensus; however, the non -
snowmobile representative indicated that it was his desire to further restrict
snowmobiles in the City - not to consider additional routes.
Councilmember Granath indicated concerns with safety by allowing snowmobile
use on heavily traveled roads like Highways 55, Highway 101, and County Road
47.
Mr. Morris stated that the restrictions may create additional problems by confining
snowmobile use to a small area. He also stated there was some confusion among
task force members on where snowmobiling could occur; i.e. on the street surface,
on public easement, or public right-of-way.
Jean Skomoroh, 6075 Zinnia Lane, agreed with Mr. Morris' comments. Her
understanding was that the task force was to recommend additional areas for
snowmobiling. She supported snowmobiling in Lake Camelot Estates because it
has very little housing, is on the outskirts of development, and there are no
complaints about snowmobiling.
Bob Nygaard, 4300 Norwood Lane, represented Polaris Industries. He urged the
Council to approve all recommendations of the task force, and stated that it was
the charge of the task force to recommend to the Council areas where
snowinobiling would be appropriate. Mr. Nygaard stated that notice was not
Regular Council Meeting
December 19, 1994
Page 19
previously given to snowmobilers of the proposed ordinance to restrict
snowmobiling adopted in October. Nor were task force members provided with
the staffs recommendation at this meeting. He questioned if there is really a
problem with snowmobiles if residents are uninterested in serving on a task force.
Councilmember Edson said that prior to the adoption of the snowmobile ordinance
in October, public meetings were held and representatives of the snowmobile clubs
were present. He has no objection to snowmobiling on Parkers Lake and Schmidt
Lake, but wants to ensure that the affected residents are aware of the proposal.
He is also concerned with the lack of non-snowmobilers on the task force.
Motion to table carried: Lymangood, Granath, Edson, Wold ayes; Helliwell,
Anderson, and Tierney nays.
MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney,
that Councilmembers Lymangood and Granath serve on the snowmobile task
force.
Councilmember Edson stated he is not questioning the task force results - only the
notification to the affected residents. He previously volunteered to facilitate the
task forces on Parkers Lake and Schmidt Lake, and will work with the snowmobile
task force as well.
Councilmember Granath stated he will not serve on the task force.
SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded by
Councilmember Anderson, to appoint Councilmembers Lymangood and Edson to
serve on the snowmobile task force.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to limit debate and vote on the previous question.
Motion carried, seven ayes.
Substitute motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Wold, to direct staff to notify all residents affected by the recommendations of the
task force.
Motion carried; six ayes; Anderson nay.
MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to
reconsider the motion to table the snowmobile task force recommendations to
Regular Council Meeting
December 19, 1994
Page 20
January 17, in order to act on the first proposed resolution to allow snowmobiling
on Parkers Lake and Schmidt Lake.
Councilmember Anderson stated that there were representatives from Parkers
Lake and Schmidt Lake on the specific task forces for those areas. He believes
that it is reasonable to approve snowmobiling for those areas in order to meet
citizens' needs.
Director Gerdes stated that representatives of the homeowner associations served
on the Parkers Lake and Schmidt Lake task forces. No additional notification was
done because the homeowner associations serve as the notification vehicle to
residents.
Motion to reconsider failed: Helliwell, Anderson, and Tierney ayes; Edson, Wold,
Lymangood, and Granath nays.
ITEM 8-D AWARD CONTRACT FOR 1994, 1995 AND 1996 AUDIT
Finance Director Hahn explained the process for soliciting proposals for audit
services for the years 1994, 1995, and 1996. He stated that KPMG Peat Marwick
has done an excellent job, but believes that the Deloitte Touche firm could serve
the City even better.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-853 AUTHORIZING THE MAYOR AND CITY
MANAGER TO ENTER INTO A CONTRACT WITH DELOITTE &
TOUCHE FOR 1994, 1995, AND 1996 AUDITING SERVICES.
Councilmember Edson said he had some initial reservations, but after reviewing
the proposals, concluded that Deloitte & Touche is the best choice. He noted the
Council is authorizing a "not to exceed" amount which is important because
Deloitte & Touche had the highest estimated annual hours.
Motion carried, seven ayes.
ITEM 8-E APPROVE PROCEDURE FOR REVIEW AND SELECTION OF
CONSULTANTS FOR PUBLIC IMPROVEMENT PROJECTS
Public Works Director Moore requested that the Council review the current policy
for consultant selection and provide direction for desired changes. He also
presented a proposed time schedule for a consultant selection process, and
recommended that a consultant selection committee be established to interview
various firms.
Regular Council Meeting
December 19, 1994
Page 21
Councilmember Lymangood read a motion that was adopted by the Council on
March 21, 1994, directing staff to update the consultant selection list. He
volunteered to serve on the subcommittee as he has a specific interest in reviewing
the policy and updating the matrix of consultants.
Councilmember Edson stated that the motion previously adopted by the Council
indicated that staff was to recommend an updated consultant list to include all
consultants the City is currently using, as well as a minimum of four consultants for
each category.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to establish a Consultant Selection Committee comprised of
Councilmember Lymangood, Mayor Tierney, and four staff members to be
selected by the City Manager, The Committee is to review the policy for
consultant selection and to provide recommendations to the Council no later than
March 1, 1995.
Motion carried, seven ayes.
ITEM 8-F (6-C) SET 1995 COUNCIL MEETINGS
The Council reviewed the regular meeting schedule for 1995.
Mayor Tierney suggested that the Council should establish additional regular
meetings where there are gaps of three or more weeks between meetings.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-854 SET 1995 CITY COUNCIL
MEETINGS.
Motion carried, six ayes; Tierney nay.
ITEM 8-G (6-D) SET SPECIAL COUNCIL MEETING
Manager Johnson stated that the entire Council is not available to meet on
January 9 for the study session on Council goals and objectives. He suggested an
alternate date of January 30.
MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to
establish a special council meeting for January 30 at 6:00 p.m.
Motion carried, seven ayes.
Regular Council Meeting
December 19, 1994
Page 22
MM 8-H (6-L) ECONOMIC DEVELOPMENT STRATEGY
Manager Johnson suggested that discussion of economic development strategy be
added to the agenda of the January 30 special meeting.
MOTION was made by Councilmember Anderson, seconded by Mayor Tierney,
that the topic of economic development strategy be added to the January 30
special meeting agenda.
Motion carried, seven ayes.
ITEM 8-I (6 -FF) REQUIREMENTS FOR SIDEWALKS/TRAILS ON
COLLECTORS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to direct staff to research and provide recommendations on what can be
done to require developers in new developments to install sidewalks where a minor
or major collector runs through the neighborhood.
Motion carried, seven ayes.
ITEM 84 (6-J-2) ACCEPT PRAC 1995 WORK PROGRAM
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to approve the Park and Recreation Advisory Commission Work Plan
for 1995, with an addition of the study of youth sports facilities, priority of
construction, and funding.
Councilmember Lymangood, Councilmember Wold, and Mayor Tierney expressed
interest in working on a committee to study youth sports facilities.
Motion carried, seven ayes.
ITEM 8-K (6-G-5) TARGET AND TRAP SHOOT LICENSE RENEWAL -
PLYMOUTH GUN CLUG
Bruce Gelman, 5305 Dunkirk Lane, stated that he and his neighbors are concerned
about noise from the operation of the Plymouth Gun Club. The Gun Club has
cooperated with the neighborhood to operate during limited hours. He stated that
for the last two years, he has been involved with packaging for shipping dangerous
goods. He is aware of Pollution Control Agency requirements relating to lead
abatement in soil, and the National Environment Policy Act of 1986 which deals
with lead and cleanup that could be involved on the Plymouth Gun Club site. In
Regular Council Meeting
December 19, 1994
Page 23
addition, he said there are OSHA and EPA noise standards and exposure levels.
He believes that by granting a target and trap shoot license, the City is ensuring
that the Gun Club is meeting these standards. He said that eventually the site will
have to be cleaned up, and requested that the City consider the information he has
provided before granting a license to the Plymouth Gun Club.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
adopt RESOLUTION 94-855 APPROVING TARGET AND TRAP SHOOT
LICENSE FOR 1995, and directing staff to report to the Council on the
information received prior to the 1996 license renewal.
Walter Riechmann, 23405 Larsen Road, stated he is a member of the gun club. He
said there are companies who clean up the lead and take the lead for part of their
fee. To his knowledge, the lead has not been removed from the site.
Glenn 7oly, 4417 Decatur Avenue, New Hope, represented the Plymouth Gun
Club. He said the lead shot has not been reclaimed. In order to do so, vegetation
between the Club and the neighbors would have to be removed. He said the lead
is stable and not a serious hazard. There is no current movement to totally ban
lead.
Councilmember Anderson requested that the staff also report on whether the
Plymouth Gun Club has environmental liability insurance.
Attorney Barnard cautioned the Council with respect to this issue and cited the
Hugo Gun Club case where the City was cited for inverse condemnation.
Motion carried, seven ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Lymangood, to adjourn the meeting at 9:55 p.m.
Laurie F. Ahrens
City Clerk