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HomeMy WebLinkAboutCity Council Minutes 07-22-1998ADOPTED MINUTES REGULAR COUNCIL MEETING JULY 229 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 PM in the City Center, 3400 Plymouth Blvd., on July 22, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Preus, Spigner, Black, and Bildsoe. ABSENT: Councilmember Wold. Councilmember Black left the meeting at 10 PM. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and Deputy City Clerk Hoffman. 3.1 Forum—Tom Resick Tom Resick, 15160 38'h Avenue N., expressed opposition to plans to build the proposed activity center and soccer facility on wildlife land. He stated that a group of residents is circulating a petition for signatures in opposition to the center. He asked the Council not to move ahead with the project until the size of the opposition is clear. Park Director Blank reported that a committee is meeting with the architects and that a preliminary sketch should be complete within five to six weeks. He said at that time, community groups can comment at public information meetings. Attorney Knutson stated that the May referendum only mandated the Council to spend the money on the facility, and its location could be changed. 3.2 Forum—Plymouth Community Concert Band Eric Moon, 13325 55`h Avenue N., representing the Plymouth Community Concert Band, described his new organization. He said that in talking with members of the Plymouth Fine Arts Council, he got help in launching a community band organization. He said a director was brought in to conduct the group rehearsals. He said the organization believes it would be valuable to the community to hear free concerts, and for members to share their talents with the community. He said he is coming to the Council to request city assistance in funding the operation of the organization. He said the group is requesting a City grant of $6,032. Adopted City Council Minutes July 22, 1998 Page 2 4.1 Recognize Retirement of Police Officer Darrel Anderson The City Council recognized the retirement of Police Officers Darrel Anderson and Mary Nelson. Mayor Tierney presented a plaque to Anderson, thanking him for his years of service. Councilmember Bildsoe praised the quality of the Police Department's retiring staff and the new officers. 4.2 Oath of Office for Police Officers Public Safety Director Gerdes stated the two new Police Officers, Warren Anderson and Susan Kirby Kallestad would be sworn in at the next meeting. 4.3 Minnesota Recreation and Parks Association Awards Fernando Fuentes, with the Minnesota Recreation and Parks Association, presented awards for program excellence to Recreation Supervisor Mary Bisek and community volunteer Kris Korsmo, to Forester Paul Buck, and to Park Director Blank. 5 Approve Agenda Item 9.7, a discussion of the proposed Activity Center was added to the agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to approve the agenda as amended. Motion carried, six ayes. 6.0 Consent Agenda Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the Consent Agenda. Motion carried, six ayes. 6.1 Authorize Contract with Govern Software for a Utility Billing Software System Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve RESOLUTION 98-426 CONTRACT WITH GOVERN SOFTWARE. Motion carried, six ayes. 6.2 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-427 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 10, 1998. Motion carried, six ayes. Adopted City Council Minutes July 22, 1998 Page 3 6.3 Deer Management Program Motion was made by Councilmember Spigner, seconded by Councilmember Black, to authorize the deer management program for 1998 to include participation in the metro deer bow hunt and the special trapping project. Motion carried, six ayes. 6.4 Lump Sum Pension Benefit Increase Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-428 AUTHORIZING AN INCREASE IN THE LUMP SUM PENSION BENEFIT FOR THE PLYMOUTH FIRE RELIEF ASSOCIATION FROM $4,000 PER YEAR OF SERVICE TO 5,500 PER YEAR OF SERVICE. Motion carried, six ayes. 6.5 Final Payment for W. L. Hall Corporation Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-429 APPROVING FINAL PAYMENT TO W. L. HALL CORPORATION. Motion carried, six ayes. 6.6 Swedenborg -Shaw Construction, Inc. Fire Code Variance (98096) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-430 APPROVING FIRE LANE VARIANCE FOR SWEDENBORG-SHAW CONSTRUCTION TO ALLOW A BUILDING ADDITION AT THE NORFAB BUILDING LOCATED AT 1483027 TH AVENUE NORTH (98096). Motion carried, six ayes. 6.7 Janco, Inc. Lot Division (98116) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-431 APPROVING LOT DIVISION FOR JANCO, INC., FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SCHMIDT LAKE ROAD AND NORTHWEST BOULEVARD (98116). Motion carried, six ayes. 6.8 Reduction in Required Financial Guarantee Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-432 REDUCING REQUIRED FINANCIAL GUARANTEE, NORTH COUNTRY ESTATES (97023). Motion carried, six ayes. Adopted City Council Minutes July 22, 1998 Page 4 6.9 Reimbursement for Required Construction of Watermain in Conor Meadows Addition Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-433 REIMBURSING DEVELOPER FOR REQUIRED WATERMAIN CONSTRUCTION, CONOR MEADOWS ADDITION (96113). Motion carried, six ayes. 6.10 Schmidt Lake Road Assessment, City Project No. 7005 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-434 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7005, SCHMIDT LAKE ROAD STREET CONSTRUCTION, CONOR MEADOWS ADDITION, CONOR MEADOWS PLAT TWO ADDITION. Motion carried, six ayes. 6.11 Order Public Hearing to Consider Vacation of Drainage and Utility, Silverthorne Addition Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-435 ORDERING A PUBLIC HEARING ON THE VACATION OF A PART OF SCHMIDT LAKE ROAD RIGHT- OF-WAY, SILVERTHORNE ADDITION. Motion carried, six ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-436 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT F, SILVERTHORNE ADDITION. Motion carried, six ayes. 6.12 Designate Consultant and Authorize Preparation of Plans, Pedestrian Bridge, City Project No. 5012 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-437 AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CSAH 9/I-494 PEDESTRIAN BRIDGE AND DESIGNATING THE ENGINEER. Motion carried, six ayes. 6.13 Service Commendation for Patricia Wilder Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-438 COMMENDING PATRICIA WILDER FOR HER SERVICE OT THE CITY OF PLYMOUTH AND TO THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL. Motion carried, six ayes. Adopted City Council Minutes July 22, 1998 Page 5 6.14 Water Utility Rate Study Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-439 APPROVING WATER UTILITY RATE STUDY WITH SPRINGSTED. Motion carried, six ayes. 6.15 Approve Operating Managers for Liquor Establishments Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-440 APPROVING DESIGNATIONS OF LIQUOR ESTABLISHMENT OPERATING MANAGERS. Motion carried, six ayes. 6.16.1 Gasoline Service Station License Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-441 APPROVING GASOLINE SERVICE STATION LICENSE FOR HOLIDAY STATIONSTORES, INC., D/B/A HOLIDAY STATIONSTORE #107,3020 FERNBROOK LANE. Motion carried, six ayes. 6.16.2 Gasoline Service Station License Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-442 APPROVING GASOLINE SERVICE STATION LICENSE FOR HOLIDAY STATIONSTORES, INC., D/B/A HOLIDAY STATIONSTORE #140,189 CHESHIRE LANE. Motion carried, six ayes. 6.17.1 Tobacco License Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-443 APPROVING TOBACCO LICENSE FOR HOLIDAY STATIONSTORES, INC., D/B/A HOLIDAY STATIONSTORE #107,3020 FERNBROOK LANE. Motion carried, six ayes. 6.17.2 Tobacco License Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-444 APPROVING TOBACCO LICENSE FOR HOLIDAY STATIONSTORES, INC., D/B/A HOLIDAY STATIONSTORE #140,189 CHESHIRE LANE. Motion carried, six ayes. 7.1 Fawn Creek Addition. Public Hearing on Drainage and Utility Easements Public Works Director Moore presented the report recommending vacation of drainage and utility easements within Lots 21 and 22 of Block 3, Fawn Creek Addition. He said the request comes based on a petition from Dennis Arne, who had been granted a Lot Division/Consolidation at the site at the June 3, 1998 Adopted City Council Minutes July 22, 1998 Page 6 Council Meeting. He stated the easements are no longer needed and new easements will be required prior to filing the lot division/consolidation. Mayor Tierney opened the public hearing at 7:31 PM. No one spoke, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-445 AUTHORIZING THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN FAWN CREEK. Motion carried, six ayes. 7.2 Public Hearing on Vacation of Right -of -Way East of Nathan Lane Public Works Director Moore presented an overview of the staff recommendation for right-of-way vacation along the frontage road east of Nathan Lane. He said the public hearing had been noticed based on the expectation that the site plan and preliminary/final plat for the Homestead Village development would be on the same meeting agenda. He stated that if the development continues forward, staff recommends proceeding with the vacation. He said staff recommends no action until all items are before the Council for action. Mayor Tierney opened the public hearing 7:35 PM. Motion was made by Councilmember Spigner, seconded by Councilmember Preus to postpone the vacation until the August 5 Regular Council Meeting, when other related items would be on the agenda. Motion carried, six ayes. 8.1 Amend Ordinances Pertaining to Animal Control Public Safety Director Gerdes outlined the origins and the process of amending and updating the animal control ordinance. He reviewed the major findings of a questionnaire sent to residents regarding limitations on dog and cat ownership, the number of pets, registration and vaccination requirements and fees, clarification of the identification of what kinds of animals are permitted and under what situations they would be permitted. He presented a timeline to place the ordinance into practice in the community. He said that kennel licenses are handled separately under local and state ordinances, and that the issues around multiple animal ownership will be developed after the new ordinance is in place. Councilmember Bildsoe asked that letters from Susan Van Cleaf, 18525 22°d Avenue N., Gerald and Dorothy Davis, 12400 26`'' Avenue N., and from Janet Adopted City Council Minutes July 22, 1998 Page 7 Phillippe, 15210 44`x' Avenue N., be added to the record. He asked what impact enforcement changes would have on staff. Director Gerdes said that general staffing demands will continue to be about the same. He said one primary issue will be multiple animal ownership, as staff addresses the increased need for inspections. He said enforcement and inspections can probably be handled by shifting schedules of community service officers. Director Gerdes explained the concept of microchip implantation on animals. He said the process costs approximately $40 per animal. He said that a proposed periodic clinic will be held, to provide rabies shots and medical examinations for residents' pets at reduced costs. He said he hoped to include chip implants in the clinics as well, bringing a decrease to that cost of implantation. He said these issues are still being studied. He said budgeting for the clinic will come from registration fees. He said staff believes the registration and vaccination are very important, and that the one day clinics will make the rest of the operations much simpler. He said if pet owners come that day to the clinic, they will waive license fee, but not the vaccination fees. Director Gerdes said that if mid -year applications are made, there would be a grace period for compliance, and a $1.00 transfer fee for an active license from another city. He said when proof of a chip implant is presented as part of the license application, rabies vaccination proof is also required. He said ferrets will be included in permissible pets, if proof of rabies vaccination can be provided. He said only recently rabies vaccination have been found effective on ferrets. Director Gerdes said the Public Safety Advisory Board unanimously voted to include cats at large as a nuisance element of the ordinance. He said this puts a greater burden on the community service officers, since the issues would be dealt with only on a complaint basis. He said that if a cat is picked up while at large, and the cat is registered under the ordinance, it would be returned to the owner. Councilmember Spigner said she believed that cats at large may be a problem, and she supported Option `B' regarding cats in the proposed ordinance changes. Councilmember Black said she supported Option `B', with a modification, because any literature directs that cats which live indoors are healthier, and live longer than cats outdoors. She said she would like to see a Subdivision 3 under 915.17, proposing that animals, which even while young, would be difficult to keep indoors, could be exempted, if owners must register them as at -large animals. Adopted City Council Minutes July 22, 1998 Page 8 Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt ORDINANCE 98-24 AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE CONCERNING ANIMAL CONTROL, including 915.17 Option A in the ordinance relating to pet control of cats. Motion was made by Councilmember Black, seconded by Councilmember Spigner to amend the original motion, substituting 915.17 Option B for 915.17 Option A. Roger Leeds, 3930 Lancaster Lane, said he would like to see guidelines for cleanup to be changed to the general phrase "means to clean up", not restricting the use of certain equipment. He said that consideration be given to transfers and veterinarian certification from other states. He asked that consideration be given to providing free range exercise areas in City parks. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner to amend the language in 915.19 Subdivision 2 from "equipment to means to dispose" and in 915.11 Subdivision 5 to include " or a veterinarian from a state recognized by Minnesota standards." Amendment approved six ayes. Main motion carried, Councilmembers Preus, Spigner, Black, and Mayor Tierney aye; Councilmembers Johnson and Bildsoe nay. Motion was made be Councilmember Black, seconded by Councilmember Johnson to amend 915.17 Option B to include subdivision 3 cats whom the owners state cannot be trained to be indoor cats may be exempt from this section of the ordinance if registered with the City as outdoor cats. Councilmember Preus said he could not support that amendment. He said he would like the Council to go with one of the options, then work out further details. Councilmember Johnson said she believed the subdivision simply clutters the ordinance. Councilmember Black withdrew the amendment. Motion was made by Councilmember Spigner, seconded by Councilmember Preus to call the question. Motion failed, Councilmembers Preus, Spigner, and Black aye, Councilmembers Johnson and Bildsoe and Mayor Tierney nay. Adopted City Council Minutes July 22, 1998 Page 9 Mayor Tierney asked that staff study the possibility of developing areas for the exercise of dogs off the leash. Ed Albro, 4105 Fernbrook Lane, said the Public Safety Advisory Board spent a considerable amount of time on addressing how cats would be treated in the ordinance. He said the nuisance ordinance was specifically rewritten to cover the behavior of cats. Motion was made by Councilmember Preus, seconded by Councilmember Black, to request the Public Safety Board to review 915.17 Options A and B in an effort to find some middle ground to present to the Council for consideration before the ordinance takes effect. Motion carried, Councilmembers Preus, Spigner, Black, and Mayor Tierney aye; Councilmembers Johnson and Bildsoe nay. Motion was made by Mayor Tierney, seconded by Councilmember Johnson to direct the Public Safety Advisory Board to further study the licensing of ferrets. Motion carried, six ayes. Motion was made by Councilmember Black seconded by Councilmember Spigner to direct the Public Safety Advisory Board to reconsider the licensing of indoor cats. Councilmember Black stated she believed it to be an unnecessary government intrusion to license indoor animals. She said they are not a risk to public, and licensing should be the owners' choice. Motion carried, Councilmembers Preus, Spigner, Black, and Bildsoe, and Mayor Tierney aye, Councilmember Johnson nay. Director Gerdes said that staff would review the issues surrounding multiple pet ownership and return with a report to the Council. Motion was made by Mayor Tierney, seconded by Councilmember Spigner to direct Park and Recreation Department staff to study development of pet exercise areas. Motion carried, six ayes. Mayor Tierney called a recess at 9:23 PM. Councilmember Black stated that she had to leave at 10 PM. The meeting resumed at 9:34 PM. Adopted City Council Minutes July 22, 1998 Page 10 8.2 City of Plymouth. Reguiding and Rezoning of Property Community Development Director Hurlburt explained the request for reguiding and rezoning of roughly four acres of land at the northwest corner of Vicksburg Lane and Highway 55. She said the request is an effort to ensure consistent design and compatibility with the City Center Plan. She explained that while the Planning Commission recommended denial of the reguiding and rezoning, staff recommended approval. She presented correspondence written since the staff report was prepared, indicating the townhome association adjacent was now supportive of the reguiding. She presented a petition from Sugar Hills residents and said it related to this and the Harstad Hills, Inc. items on the agenda as well. She said many of the issues brought forth in the petition don't relate directly to the reguiding. Motion was made by Councilmember Preus, seconded by Councilmember Johnson to adopt RESOLUTION 98-446 DENYING LAND USE GUIDE PLAN AMENDMENT AND REZONING FOR THE CITY OF PLYMOUTH FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF VICKSBURG LANE AND HIGHWAY 55, SOUTH OF 35T" AVENUE EXTENDED (98086) Councilmember Preus said he supported the Planning Commission recommendations for denial. Councilmember Johnson said that the property could have been taken into the City Center earlier, but that it was not right to do it now, as part of some idea of creating a gateway to the City Center. Councilmember Black said she supported denial of the reguiding and rezoning. She said issues of lighting and setback could be dealt with in other ways. She said a planned unit development would allow the City regulate more carefully what goes in to the parcel. Councilmember Bildsoe said he supported denial of the reguiding and rezoning but recommended that an eye be kept on what might be brought in for the site. Mayor Tierney said she came into the meeting thinking that approval would be given for the reguiding and rezoning. Motion was made by Councilmember Preus, seconded by Councilmember Black to call the question. Motion carried, Councilmembers Johnson, Preus, Spigner, Black, and Bildsoe aye, Mayor Tierney nay. Adopted City Council Minutes July 22, 1998 Page 11 Motion carried, Councilmembers Johnson, Preus, Spigner, Black, and Bildsoe aye, Mayor Tierney nay. Motion was made by Councilmember Johnson, seconded by Mayor Tierney to suspend the rules and extend the meeting to 10:45 PM. Motion carried, Councilmembers Johnson, Bildsoe and Mayor Tierney aye, Councilmembers Preus and Spigner nay, Councilmember Black abstained. Councilmember Black left the meeting at 10:00 PM. 8.3.1 Harstad Hills, Inc. Land Use Guide Amendment Application Director Hurlburt stated that the issues of Item 8.3.1 and 8.3.2 were all related and should be considered together. She presented the proposed preliminary plat and explained the creation of a new street. She explained that the Planning Commission recommended against reguiding and rezoning, and recommended approval of the preliminary plat with conditions. She said that some comments have come in since the report went out, including letters submitted for the previous item relating to the City Center request. She said none of the approvals would permit specific developments, because further site plan approvals and possibly other zoning action might be needed. Rick Sathre, 150 S. Broadway, Wayzata, of Sathre—Bergquist, Inc., engineers for Harstad Hills, Inc., explained that a variety of uses would be available in the district. He stated that the developments would be buffered well from the neighborhood. He said that he did not believe the City was opposed to traffic flow plans near 35`h and Vicksburg, and that and extension of the street would provide adequate stacking for traffic flow during peak periods. He said that it would be difficult for developers to put more detailed development plans together until there was more certainty on development from the City. Motion was made by Mayor Tierney, seconded by Councilmember Johnson to suspend to suspend the rules and extend the meeting to 11:00 PM. Motion carried, five ayes. Mayor Tierney said she would be opposed to the request for reguiding in this area. Councilmember Johnson said she was concerned that in order to be economically viable, the plan would need to spread usage across the property, and cut into the trees, which she opposes. Councilmember Preus said that while he is not sure how to vote, he must consider what might go in there in the future. He said approval of reguiding might be the only way to avoid seeing more trees go down. He said it might be the best way to Adopted City Council Minutes July 22, 1998 Page 12 protect what the neighbors want. He said he believed reguiding would give the developers more options financially. Mr. Sathre said that given the size of the parcel, it would not be possible to get enough parking to support a larger building such as a discount retailer or department store. Community Development Director Hurlburt said some of uses that would be permitted in the area would be commercial recreation, on/off sale liquor operations, motels, fast food services, auto accessory stores, and all of the uses permitted in C-1 and C-3 areas. She said that without any users or site plan, it would be difficult to apply for a PUD, but the option would be open if the developer wanted a mix of uses. Scott Bissen, 16025 36`h Place N., stated that residents next to the parcel have been meeting with representatives from Harstad, Inc. to learn how much of a tree line might be kept as a buffer for the neighborhood. He said talks have been a cooperative effort, and that the neighbors would accept what the developers would put in, if as much of a tree line as possible is kept. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 98-447 DENYING LAND USE GUIDE PLAN AMENDMENT AND REZONING FOR HARSTAD HILLS, INC., FOR PROPERTY LOCATED NORTHWEST OF HIGHWAY 55 AND VICKSBURG LANE NORTH (98018) Councilmember Johnson said she was supporting denial because approval of the rezoning and reguiding took away any bargaining elements the City might have in further development plans. Motion was made by Mayor Tierney, seconded by Councilmember Johnson to suspend the rules and extend the meeting to 11:15 PM. Motion carried, five ayes. Motion carried, Councilmembers Johnson, Spigner, Bildsoe, and Mayor Tierney aye, Councilmember Preus nay. 8.3.2 Harstad Hills, Inc. Preliminary Plat Request Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to deny preliminary plat for Sugar Hills 5`h Addition. Councilmember Preus said he did not see a reason to deny the preliminary plat. He said staff and the Planning Commission recommended approval, and if the Adopted City Council Minutes July 22, 1998 Page 13 developer does nothing with it, it does no harm. He said if the developer comes back later with plans, rezoning may be considered at that time. Director Hurlburt said that denial would mean a different proposal, a new application for preliminary plat, and development plans would all be required. She said minor changes would not require all the steps. Councilmember Bildsoe said he agreed with Councilmember Preus' recommendation to approve the preliminary plat. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe to call the question. Motion carried, five ayes. Motion failed, Councilmember Johnson and Mayor Tierney aye, Councilmembers Preus, Spigner, and Bildsoe nay. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-448 APPROVING PRELIMINARY PLAT FOR HARSTAD HILLS, INC. FOR PROPERTY LOCATED NORTH OF HIGHWAY 55, WEST OF VICKSBURG LANE, AND SOUTH OF 36TH AVENUE (98018). Motion carried, Councilmembers Preus, Spigner, Bildsoe, and Mayor Tierney aye, Councilmember Johnson nay. Councilmember Johnson stated that she may move to reconsider the issue at the next meeting to come to some sort of middle ground. 9.1 Response to Letter from Nick Hyduke Regarding Council Action on Golfview Woods Lot Division (96191) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to accept the staff report responding to the letter from Nick Hyduke, 16300 Old Rockford Road, regarding a previous Council action to remove conditions requiring a shared driveway for the Lot 3, Block 1, Golfview Woods Lot Division. Motion carried, five ayes. 9.2 Plymouth Station Status Report Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to accept the staff report responding to comments made at the Plymouth Forum concerning the Plymouth Station shopping center. Motion carried, five ayes. Adopted City Council Minutes July 22, 1998 Page 14 9.3 Response to Plymouth Forum comments about Property at 3150 East Medicine Lake Boulevard Mayor Tierney noted that no discussion on this topic was possible since the City Attorney reported the matter was under discussion for a possible settlement. Wallace Charles and his daughter, Deanna Charles McCormick, 3150 East Medicine Lake Boulevard, presented pictures of the property, and asked the City to consider partial restoration of their driveway grade, which had been cut due to road work along East Medicine Lake Boulevard. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe to suspend the rules and extend the meeting to 11:25 PM. Motion carried, five ayes. Councilmember Bildsoe requested staff to update council via voice mail on the progress of the issues surrounding the property. Ms. McCormick said she and her family had talked with contractors about bids, and that four of them said the City's plan was insufficient. Councilmember Johnson asked that staff be directed not to not proceed with concrete pouring as scheduled for Thursday. Public Works Director Moore said he would instruct the engineers not to pour concrete on Thursday morning. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adjourn the meeting at 11:25 PM. Motion carried, five ayes. Kurt Hoffrn Deputy City