Loading...
HomeMy WebLinkAboutCity Council Minutes 09-27-2005Adopted Minutes Regular Council Meeting September 27, 2005 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Black Box Theater, Plymouth Creek Center, 14800 34' Avenue North, on September 27, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Bildsoe, Willis, and Stein. ABSENT: Councilmember.Black. STAFF PRESENT: Fire Chief Kline, Finance Director Hahn, Captain Franz, City Attorney Knutson, Public Works Director Cote, Park and Recreation Director Blank, Community Development Director Hurlburt, and City Clerk Paulson. Plymouth Forum Dave Johnson, owner of Oakwood Square, 17435 County Road 6, addressed the Council regarding the proposed construction of County Road 101, and he gave a brief history of upgrades to the roadways since he has been located. there. He stated the County is proposing to acquire right-of-way from him, which would affect parking setbacks, landscaping, etc. He suggested that the County Road 6/County Road 101 intersection be modified by redesigning the right turn lane onto County Road 6 and eliminating the left turn lane. He questioned whether the County needs that much right-of-way at this intersection. Kyle Hegna, attorney from Wilkerson and Hegna, P.L.L.P, representing Mr. Johnson, stated they realize that this is a County project, but the City has the opportunity to provide input. He stated that the Council has received his correspondence dated September 22, which outlines his Mr. Johnson's concerns, and a copy of this correspondence was also sent to the County. He stated this project is a big issue for his Mr. Johnson and his tenants, and they intend to discuss their concerns with the County. Mayor Johnson thanked Mr. Johnson and Mr. Hegna for their comments, and she encouraged them to continue working with City staff and the County. She noted that the County Road 101 project is being tabled, by request of the County, until the October 11 Council meeting. Carole Larson, Mayor of the City of Osseo, thanked the City for the aid that City employees from the Parks and Public Works Departments provided to their city following Adopted Council Minutes Regular Meeting of September 27, 2005 Page 2 of 14 a recent storm. She presented a cake to the City and its employees in appreciation of their assistance. Presentations and Public Information Announcements 4.01) Presentation of Minnesota Recreation and Parks Association Award of Excellence for Sponsorships and Partnerships A representative of the Minnesota Recreation and Parks Association presented to the City an Award of Excellence for Sponsorships and Partnerships for the City's project entitled, Halloween at the Creek." Approval of Agenda Motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik, to adopt the Consent Agenda that included the following items: 6.01) Minutes of the Special Council Meeting of September 6 and the Regular Council Meeting of September 13. 6.02) Resolution Approving Disbursements for the Period ending September 16, 2005 Res2005-358). 6.03) Resolution Approving Signage Variance Request for Icon Identity Solutions for CVS Pharmacy located at 4140 County Road 101 (2005060 — Res2005-359). 6.04) Resolution Approving Variances for Front Yard and Rear Yard Setbacks for Ryland Homes for Property located at 5106-5128 Yuma Lane North (2005090 — Res2005-360). 6.05) Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at 18240 Highway 55 (2005086 — Ord2005-25), Resolution Approving Findings of Fact Adopted Council Minutes Regular Meeting of September 27, 2005 Page 3 of 14 for the Rezoning of Property located at 18240 Highway 55 (2005086 — Res2005-361), Resolution Approving a Preliminary Plat for Mohagen/Hansen Architectural Group for Highway 55 Office Condominiums," for Property located at 18240 Highway 55 2005086 — Res2005-362), and a Resolution Approving Site Plan and Variances for Mohagen/Hansen Architectural Group for "Highway 55 Office Condominiums" for Property located at 18240 Highway 55 (2005086 — Res2005-363). 6.06) Resolution Approving a Variance to allow 27 percent Impervious Surface Area Coverage for Property located at 1824 East Medicine Lake Boulevard (2005106 — Res2005-364). 6.07) Ordinance Approving the Renaming of Niagara Lane North to Minnesota Lane North (Ord2005-26). 6.08) Resolution Rescinding Resolution No. 93-448 and Authorizing No Parking from 4250-4550 Arrowood Lane (Res2005-365). 6.09) Resolution Approving Change Order, No. 2 for Medicine Lake Water Quality Ponds Improvements (2037 — Res2005-366). 6.10) Resolution Authorizing Engineering Staff to proceed with Preliminary Engineering and Engineering Activities on Projects Programmed for 2006 in the 2005- 2009 Capital Improvements Program and 2006-2010 Capital Improvements Program Res2005-367). 6.11) Resolution Approving a Final Plat for Henry Lazniarz for "South Shore Trail." An 18 -Unit Residential Condominium Development to be located North of 11t' Avenue and West of South Shore Drive (2005007-F — Res2005-368), Resolution Adopting Assessments for South Shore Trail Watermain Area (5127 — Res2005-369), and a Resolution Adopting Assessments for South Shore Drive Future Street hnprovements, South Shore Trail (2005007 — Res2005-370). 6.12) Resolution Approving 2005-2006 Membership Dues in League of Minnesota Cities (Res2005-371). 6.13) Postpone Resolution Approving Layot No. 4 (design elements only) for the construction of County Road 101 between 12th Avenue and 30th Place North until October 11, 2005 Council Meeting. Adopted Council Minutes Regular Meeting of September 27, 2005 Page 4 of 14 6.14) Resolution Authorizing Payment of Dues to the Twinwest Chamber of Commerce Res2005-372). 6.15) Resolution Approving Final Payment to Ridgedale Electric for the Ice Center Expansion (Res2005-373). With all members voting in favor, the motion carried. Public Hearings 7.1) Suspension/evocation of On Sale Liquor and Sunday Liquor Licenses for Dutton's Bar and Grill, 1115 Vicksburg Lane, Suite No. 8 City Manager Ahrens reported that this is the date of hearing on consideration of suspension/revocation for on sale and Sunday liquor licenses for Dutton's Bar and Grill, 1115 Vicksburg Lane, for failure to provide liquor liability insurance coverage from June 13 through September 21 as well as misrepresenting to the City that they had the required liquor liability insurance coverage. She explained that there is nothing in the penalty grid relating to this type of insurance violation. Therefore, the Council can impose a suspension of up to 60 days, a fine up to $2,000, a combination fine and suspension, or revoke the liquor license. If the license is revoked, the licensee will be ineligible to apply for a license for five years. She stated if the Council determines that a penalty should be imposed, staff should be directed to prepare findings of fact consistent with that penalty for adoption at the October 11 Council meeting. Mayor Johnson opened the public hearing for testimony. City Manager Ahrens stated in July, the licensee was billed for the second half license fee and was requested to provide proof of liquor liability insurance from July 24, 2005 through January 31, 2006. On September 9, the second half payment was received, but no proof of insurance was submitted. On September 12, the licensee personally delivered a certificate of insurance dated February 21, 2005 to the City Clerk indicating that coverage was in effect through January 31, 2006. On September 19, the insurance company contacted the City Clerk to ensure that the City knew that no insurance was currently in effect. The representative of the insurance company indicated that the licensee had requested a copy of the old certificate of insurance on September 12. The insurance company provided the copy and reminded the licensee that the policy was not in effect and that it had been terminated on June 13, 2005. The licensee confirmed to the insurance company that he knew that and was seeking new insurance coverage. The Adopted Council Minutes Regular Meeting of September 27, 2005 Page 5 of 14 Police Department immediately delivered a notice to the licensee that he couldn't display or sell alcohol until he could provide proof that he had liquor liability insurance coverage. On September 21, the licensee provided to the City Clerk a certificate of insurance for a new policy that was effective September 21, 2005 through January 31, 2006. Councilmember Slavik asked if it's correct that the City didn't receive the termination notice that was stapled to the certificate of insurance that the licensee gave to the City Clerk on September 12. City Manager Ahrens replied yes. Councilmember Stein asked if it's the responsibility of the insurance company to notify the licensee and the City if coverage is going to be terminated. City Manager Ahrens replied yes. She stated that the City had no knowledge that the coverage dates had changed from the first certificate of insurance that was provided to the City when the business opened in July 2004 and for the renewal of the liquor licenses in February 2005. Rick Dutton, licensee, stated when he was notified by the Police Department on September 19 that his liquor liability insurance policy had been terminated, he closed his business immediately. He stated the problem is that he changed the term of the insurance coverage early in 2005. He stated he never received a notice of termination from the insurance agency. He explained that as far as he knew, everything was fine. He stated it was an exorbitant fee for him to change the coverage dates of his insurance to coincide with the term of the liquor licenses. He stated he requested a breakdown of the cost from his insurance agency when it came through, and the check came after the letter came. ' He stated when he learned of the situation, he did what he had to do. He stated he tried to reinstate the insurance policy, but they wouldn't allow it. He stated he spoke with First Interstate, and he thought everything was fine. He stated that he had inquired with the owner of a liquor establishment near him about who he had for liquor liability insurance. Councilmember Bildsoe asked why the insurance was cancelled in June. Mr. Dutton replied that doesn't know as he was working with First Interstate. Councilmember Bildsoe asked if the policy was cancelled for non-payment. Mr. Dutton stated that he doesn't know, but he thinks it's a "power play" on behalf of the insurance agency. Councilmember Bildsoe stated that an insurance company couldn't cancel a policy without notification. Mr. Dutton stated that he talked to First Interstate directly, and it was paid. Adopted Council Minutes Regular Meeting of September 27, 2005 Page 6 of 14 Councilmember Bildsoe stated he appreciates that Mr. Dutton ceased liquor sales immediately on September 19 after he received notification from the City, and that he was concerned about the situation. He questioned that when he realized that he didn't have insurance earlier in the summer, why he wasn't as concerned about that then. In addition, when the City asked him from July through September to provide a certificate of insurance, and it wasn't provided, why wasn't that a concern, as he wasn't meeting the City's requirements. Mr. Dutton replied he had to pay an additional fee to change the date on the policy, and the insurance company never sent a revised certificate of insurance to the City. He stated he thought they had sent that to the City, so he paid the $4,100 for the second half payment of the licenses. When he discovered that the City hadn't received the revised certificate of insurance, he did what he had to do. Councilmember Bildsoe asked Mr. Dutton if he brought any papers/proof with him this evening to show what his intent was. Mr. Dutton replied no. Councilmember Bildsoe stated that this isn't the first time that Mr. Dutton has appeared before the Council. He stated it seems interesting that Mr. Dutton has another story with this situation, and Mr. Dutton is requesting the Council to believe a lot of facts that aren't proven. Mr. Dutton stated that with his second incident, it shouldn't have been before the Council, as the business was closed due to cleaning. He stated he is very upset about the current situatio . n, and he understands why he is before the Council this evening. Mayor Johnson reminded Mr. Dutton that the Council took no action on his second incident. City Attorney Knutson asked Mr. Dutton if he received a notice of cancellation on the liquor liability insurance policy. Mr. Dutton replied he received a notice in May or June. City Attorney Knutson asked Mr. Dutton when the policy was in effect. Mr. Dutton replied through July 2005. City Attorney Knutson asked Mr. Dutton if it's correct that they had notified him of the termination of the policy. Mr. Dutton replied it wasn't a "done deal." He stated he didn't receive anything in writing that it was cancelled. City Attorney Knutson asked Mr. Dutton if he received any correspondence from the insurance company that his insurance was reinstated. Mr. Dutton replied no. Adopted Council Minutes Regular Meeting of September 27, 2005 Page 7 of 14 City Attorney Knutson asked Mr. Dutton when he received the new insurance. Mr. Dutton replied on September 21. He explained he paid First Interstate who paid the note. Councilmember Stein asked Mr. Dutton who First Interstate is. Mr. Dutton replied that is his liquor liability carrier. He explained that he makes payments every quarter for liquor liability, general liability, and workers compensation. He stated that he received a check back from the Hays Company, Councilmember Stein asked Mr. Dutton if he ever received a bill for the insurance. Mr. Dutton replied yes, before his cancellation, and then he started to work with First Interstate. He reiterated that the Hays Company sent back to him a check two weeks ago. He had sent a check to First interstate in June. Councilmember Stein asked Mr. Dutton if he received a certificate of insurance from February 21, 2005 through January 31, 2006. Mr. Dutton replied no, and he realizes that he should've followed up on this. Councilmember Stein asked Mr. Dutton that from June 13, 2005 though September 21, 2005, he placed the City and his patrons at risk. Mr. Dutton replied yes. Mayor Johnson asked Mr. Dutton if he has paperwork that he would like to present to the Council, which would indicate that he assumed he had insurance coverage. Mr. Dutton replied yes. Councilmember Bildsoe asked Mr. Dutton if he has a copy of the cancellation notice. Mr. Dutton replied he could provide a copy of that. Councilmember Bildsoe explained that First Interstate isn't the insurance company, but the lending company. Mr. Dutton stated that his bills are from First Interstate. Councilmember Bildsoe asked Mr. Dutton if he has received a policy from First Interstate. Mr. Dutton replied yes. City Clerk Paulson clarified that the term of the liquor liability insurance must coincide with the license period (February 1 through January 31). She explained when Mr. Dutton renewed his liquor licenses, his insurance expired in July 2005. Since Mr. Dutton had exercised the option to make a second half payment on his liquor license in July, he was Adopted Council Minutes Regular Meeting of September 27, 2005 Page 8 of 14 informed that he would need to provide a new certificate of insurance from July 2005 though January 31, 2006 when he made the second half payment on the liquor licenses. Councilmember Willis asked Mr. Dutton if the cancellation notice on June 13 was due to him being arrears with making payments on the policy. Mr. Dutton acknowledged that he had been late on a previous payment, but that wasn't the reason for the cancellation. He stated he had been dealing directly with First Interstate, and he paid for the policy. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Councilmember Biidsoe asked the City Attorney how he would characterize the violation of not having insurance since this type of violation isn't in the Best Practices penalty grid. He also asked how other cities have handled this violation. City Attorney Knutson replied he has never been involved in a situation where a liquor license holder failed to have insurance. He stated it is a serious matter as it left the public at risk if there would've been an injury. He agreed that this violation isn't contained in the Best Practices grid, as it's not a common offense. Councilmember Stein asked if Mr. Dutton is a member of the Best Practices program. Captain Franz replied Mr. Dutton became a member of Best Practices after his first violation. Councilmember Stein stated regarding cancellation notices from insurance companies, if you don't pay your bill by a certain period of time, they start sending notices. If the bill isn't paid by the due date, the policy is cancelled. He stated it's the responsibility of the license holder to verify that they have insurance coverage rather than relying on someone else to notify the City. He stated this is a very serious violation as it put the patrons and the general public at risk if there would've been an accident. Mayor Johnson stated at a minimum, there was a lapse in proper follow up by Mr. Dutton to make sure things were handled. She stated at a maximum, there is perhaps some misrepresentation and blatantly not carrying insurance. Councilmember Willis stated he'doesn't believe this was an oversight based on Mr. Dutton's testimony and the staff report. Mr. Dutton knew what he was doing, and he failed to have insurance. Therefore, he feels the licenses should be revoked. Councilmember Bildsoe added that from what he has heard this evening and without seeing additional information, he wouldn't support a penalty other than revocation. He Adopted Council Minutes Regular Meeting of September 27, 2005 Page 9 of 14 explained that Mr. Dutton has been before the Council too many times, and it seems to be a consistent pattern. Mr. Dutton should've taken action when he had any suspicion that there could have been problems with his insurance. Councilmember Stein stated that he doesn't disagree that revocation of the licenses would be the appropriate action. He suggested that perhaps this item be tabled until the October 11 Council meeting in order to allow Mr. Dutton to provide additional documentation to the City on his belief that there was no lapse in insurance coverage. Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to table this item until October 11 which would allow Mr. Dutton to provide proof that he had the required insurance coverage. Councilmember Stein stated. that if Mr. Dutton doesn't provide documentation, he would support revocation. City Attorney Knutson suggested that Mr. Dutton bring in the documentation immediately so staff has adequate time to review the documents. Mr. Dutton stated that he would be happy to supply the information, and he could have that information to staff by 10:00 a.m. on September 30. Councilmember Hewitt stated that she would be supporting the motion, but she is disappointed in seeing Mr. Dutton again this evening. She stated the point is that Mr. Dutton had no insurance from June 13 through September 21. She stated she is concerned about the misrepresentation, but the Council is allowing Mr. Dutton additional time to clarify the matter. She noted that she would have no problem in revoking the liquor licenses for misrepresentation if that would be the case. Councilmember Willis requested a friendly amendment to the main motion that after the City Manager and City Attorney have reviewed the documentation that Mr. Dutton provides by September 30 at 10:00 a.m., that a Resolution with Findings of Fact be prepared for revocation for the October 11 Council Meeting, if they feel a misrepresentation was made. In addition, that staff provide to the Council all the names of the insurance companies, agents, and phone numbers that have been involved with insuring Dutton's Bar and Grill. Councilmembers Stein and Hewitt accepted this friendly amendment. Councilmember Slavik stated the insurance company might be reluctant to communicate a lot of the issues, and more importantly providing to the City correspondence that was Adopted Council Minutes Regular Meeting of September 27, 2005 Page 10 of 14 sent to Mr. Dutton. Therefore, she's unsure what copies of written or cancelled checks that Mr. Dutton would provide, would tell the City. City Manager Ahrens stated it would be best for the City Attorney to contact the insurance company as they have been very limited in sharing information with staff. There being no further discussion and with all members voting in favor, the motion carried. General Business 8.05) Rezoning from RSF-1 to RMF -2, Preliminary Plat and Site Plan for 28 Townhouse Dwellings and One Existing Single -Family Dwelling on Property located at 10 Zachary Lane ("Bassett Creek Crossing," Charles Cudd Company — 2005093) Community Development Director Hurlburt reported on the proposed development to be located on a 23.43 -acre site at the northeast corner of the intersection of Ridgemount Avenue and County Road 73. She stated the applicant is proposing to rezone the property from RSF-1 to RMF -2 over the western half of the property while the remainder would remain zoned RSF-1, Preliminary Plat approval to subdivide the subject property into 28 unit lots (one lot for the single-family home on the site and three outlots), and Site Plan approval for the 28 detached townhouse dwellings. She illustrated the site and explained that Outlot C (east part of the site) would be dedicated to the City as open space. She explained this site is currently undeveloped and it had been used as a landfill site. She stated the applicant would be crushing that material and reusing it on site. She stated at the Planning Commission meeting, there was discussion about the need to upgrade the sanitary sewer lift station in this part of the City and what the applicant's cost would be for this upgrade. She stated this question would be finalized during the Final Plat process. Councilmember Hewitt asked if there would be extra parking spaces in the cul-de-sac area for guest parking. Community Development Director Hurlburt replied there would be a couple parking spaces in the cul-de-sac area, and each unit would have a driveway space in front with a two -car garage and on street guest parking. Councilmember Bildsoe asked what type of disturbance would occur in cleaning out the debris in the wetland. Community Development Director Hurlburt replied the applicant wouldn't be excavating the wetland but just removing what's on the surface. Adopted Council Minutes Regular Meeting of September 27, 2005 Page 11 of 14 John Sonnek, from Charles Cudd Company Homes, explained the large concrete pieces would be pulled out of the wetland with large machinery and placed on a different part of the site where the material would be crushed. He stated that they would be using silt fences around the wetland in order to protect the area. Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt an Ordinance amending Chapter 21 of the City Code to classify Certain Land located at 10 Zachary Lane 2005093 — Ord2005-27), Resolution ApprovingFindingsindings of Fact for the Rezoning of Land located at 10 Zachary Lane (2005093 — Res2005-374), Resolution Approving a Preliminary Plat for Charles Cudd Company for "Bassett Creek Crossing," a Subdivision of 32 Lots for Multiple Family and Single Family Dwellings located at 10 Za-- . y Lane (2005093 — Res2005-375 ), and a Resonation Approving a Site Plan for Charles Cudd Company for 28 Townhouses on Property located at 10 Zachary Lane (2005093 — Res2005-376). With all members voting in favor, the motion carried. 8.1.1) Certificate of Exemption, Wetland Conservation Act, for Bassett Creek Crossing (2005093) Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution Approving an Exemption and Authorizing the Mayor to sign the Wetland Conservation Act Certificate of Exemption Form for Bassett Creek Crossing 2005093 — Res2005-377). With all members voting in favor, the motion carried. 8.2) Street Reconstruction Assessment Policy Public Works Director Cote presented the proposed Street Reconstruction Assessment Policy. He stated the proposed policy provides the following: 1. Provides for assessment for mill and overlay projects as well as complete street reconstruction. 2. Identifies the rates as directed by the Council (35% in 2006 and 40% in 2007). 3. Offers assessment payment period options (five, 10, and 15 years). 4. Clarifies that single-family properties would be assessed for a residential street as defined in the City Code regardless of the proposed street design; however, properties that could be subdivided could be assessed for more than one unit. 5. Provides for alternative rates if an alternative design is needed due to abutting uses. 6. Provides for assessing for County road improvements if appropriate. Councilmember Willis suggested that item B(1) of the policy be amended to remove the language that states properties shall be assessed 35% of the engineer's estimated project Adopted Council Minutes Regular Meeting of September 27, 2005 Page 12 of 14 cost as set forth in the project feasibility or 35% of the project cost, whichever is less. He stated if the Council is serious about being aggressive with the street reconstruction program, the City should be assessing at the correct amount from the beginning, which would be the actual project cost. He suggested before the City awards a contract, there could be a second hearing in order to inform the residents what the costs are going to be, rather than saying "whichever is less." Mayor Johnson stated this language was included as there have been cases where residents were trying to budget their assessments. Councilmember Slavik added that when residents hear that their street is proposed for street reconstruction, they are concerned about the cost. Therefore, by providing some figure up front, it helps the re.5'Ldellts. She acknowledged that lt'S difficult tG cllailge 1- 4 - figure if the costs would be higher. Motion made by Councilmember Willis, and seconded by Councilmember Stein, to adopt the Street Reconstruction Assessment Policy with an amendment to BO) that shall read, In 2006 benefitted properties shall be assessed 35% of the actual cost, and in 2007 and thereafter, the rate shall be 40%." Councilmember Slavik asked based on this amended language; would staff provide an estimate on the assessments to the residents. Public Works Director Cote replied the City is still required to provide numbers on the project feasibility report. Councilmember Stein asked in the past, how have the feasibility studies compared to the actual bid costs. Community Development Director Hurlburt replied the costs have usually increased. Public Works Director Cote stated if the City, on a broad basis, is trying to serve the public on a multi-year plan, and if the figures given to residents are less than the actual costs, it would difficult in keeping up with the program. Councilmember Bildsoe stated the proposed changes to the policy would make a difference in how the roads would be funded. He stated he is somewhat reluctant in changing what the Council has done in the past when there are a number of proposed changes in the policy. He stated he doesn't recall there being that much of difference between the estimates and actual costs of previous projects. Councilmember Stein stated if the Council is going to be making changes, they should all be done at the same time. He noted that the City needs all the resources it can get in order to keep the program strong. He stated it's more of a matter with communicating with residents that these are good estimates. Therefore, he would be in support of the motion. Adopted Council Minutes Regular Meeting of September 27, 2005 Page 13 of 14 A substitute motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe to not change the language in B(1), but leave it as it was originally proposed. With all members voting in favor but Stein and Willis, the motion carried. The Council voted on the amended motion and with all members voting in favor, the motion carried. 8.3) "Make a Difference Award" Mayor Johnson announced that nominations are being accepted until November 11 for the "Make a Difference Award." 8.4) Youth Advisory Council Endorsement of "World's Greatest Sleep -Out" Mayor Johnson announced that the Youth Advisory Council has endorsed the idea of a Worlds Greatest Sleep -Out" at the Plymouth Creek Center Fieldhouse. She stated further details would be forthcoming at a future Council meeting. Reports and Staff Recommendations 9.1) Set Future Study Sessions The Council discussed whether there were items to be added to the pending Study Session list. Councilmember Bildsoe requested that the future reports from the police and fire departments on their evaluations of their respective departments be added to the pending Study Session list for 2006. Councilmember Willis requested that other City departments be analyzed, and the City Manager should take the lead in those studies. Councilmember Hewitt lead the Council in a brief discussion on the cable legislation issue and how that would affect the City. Motion was made by Councilmember Bildsoe and seconded by Councilmember Hewitt, to schedule a Study Session on October 25 at 6:00 p.m. for the purpose of discussing the cable legislation issue and the ING proposal located at the intersection of Highway 169 and Hi hg_way 55. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of September 27, 2005 Page 14 of 14 Councilmember Stein stated that recently the Mayor sent correspondence to adjacent communities regarding future improvements to Highway 169, and he requested the copies of the responses from those cities be provided to the Council. A brief discussion was held on broadband technology in the City, but no action was taken. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to schedule the quarterly update with the City Manager on October 11 at 6:30 p.m. With all members voting in favor, the motion carried. Adi ournment Mayor Johnson declared the meeting adjourned at approximate) :25 p.m. andra R. Paulson, City Clerk