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HomeMy WebLinkAboutCity Council Minutes 08-03-1987S/! M 1 N U T F S REGULAR COUNCIL MEETING AUGUST 3, 1947 A Regular meeting of the Plymouth City Council was called to order b) Mayor Schneider at 7:30 p.m. in the City Council Cham- bers of the City Center at 3400 Plymouth Boulevard on August 3, 1987. PRLSENI': Mayor Schneider, Counellmembers Crain, Vasiliou, 11tur, and Sisk, tanager Willis, Plannlnq Director Tremere, Public Works Director Moore, Public Safety Director Carlquist, City Attorney Thomson, and City Clerk Brandt ABSENT: None Mayor Schneider welcomed a West C Arman soccer team to Plymouth and presented them with Plymouth "P" pins. The soccer coach presented Mayor Schneider with souvenirs from Germany. CONSENT AGENDA Motion was made by Councilmember titur, seconded by Councilmem- ber Sisk, to adopt the consent agenda deleting Items 7-K and 7-H and adding Items 84 Dwaine Johnson letter, F Geese problem, and G erosion control. Motion Carried on a Roll Call vote, five ayes. M11w1TLS MOTION was made by Councilmember Zti:r, seconded by Councilmem- ber Sisk to approve the minutes of the Special Council meeting of July 27, 1987 as submitted. Notion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Mayor Schneider opened the public hearing at 7142 p.m. No one chose to speak and the hearing was closed at 7t4? p.m. CONSENT AGENDA Item 4 MINUTES - SPECIAL COUNCIL MEETING JULV 27, 1987 Item S• PUBLIC NEARING - STREET VACATION Item 6-A Hisqular Council Meet.lnq Aurlust. 3, 1947 i'age ?,17 MOT ION was moieie. by Co Ime•mbe•r Cral,iI sc-conde d ',y Coijnrl lme m- "it SC'' IIT ION NO. ti- 41" bes /itis, tie, imlopt. RI SOl UTION NO. 47-50; 14)tNYINe1 THF %ACTION UM inc, 9TRFFT OF SIRI• I T RIGHT -UF -WAY, I AST Mt DICtNt I Wai IIUIlI F YARD ADJACI NT to bACAT1C'N, :TF %NF IS LOTS 49 5, AND ` Of &%ht IS SUBDI%ISION, ill OCk 17, MiDIC'INI l AKF ADO Irif:t4 I'Aik AUl)1Tlot4. Item 0-A MoLlon r.drrit•d un d RUII Gill vete, five ayes. UirecLor Carlquist. staked that he hied met with Mr. Wenner and PUB IC HFAI+INr, - the: City Mandger last. week regarding they vial 0 eon and possible 1 IQ0OR VIOL AT ION methods to prevent Lt.s om,irrinq In Lhr future. Item 6-H C oinicIImemher Vasl l ic-ou ,evoked that, if they pal ire department t'evls t.hls azure is not nee atsisirily a problem, shrnrld they he f fined". Ulrect.or Carlgleist st•tted he never stated that neer hdd his staff. Mr. Weniier r.elled h I m and told him that he h.ici protiahIV misunderstood tl e• cif f icer. Mayor Schneider opened the public hedrinq at 7:47 p.m. i,oll-i Wenner, ow irr of Party Mdrt Liquor, statrd he has operated L e btisit for the p.ist 1b years. He tells his stsaff every day to (,hark for ldent t f lrat lon. He st dted he tries to run d r.le!dn operdt Ion and expldined how hoth this sltudtlon, and one etlghL(bCn months aye., happered. He elied Several suggeyttons to assist his clerks Includiny signage staling It 1% d(ldinst the laa to purClidse l Lquor If under etgtb. Counellmember Sisk asked If It was the same clerk involved in both rases. Mr. Wenner answered that it was riot. Mdyor 5chrethider closed the hearing at 1:55 p.m. Couiicllmember Crain stated there is another liquor store In Plymouth which cards ever)one, no matter how old they look. He believes Lhis may keep someone from trying to use a phony lden- t if icat ion. Mr. Wenner stated they are using a class yearbook from Wayiata to check on some customers. Councilmember Vdstllou stated s,e works with the Wayzata/ Plymouth Area Chemlea t Ped lth Cone:ell ss ion and is concerned that some action be taken to stop these kids from buying liquor. MOTION was made by Councilmember Sisk, seconded by Mayor Schneider., to adort RESOLUTION NO. 97- AUTHORIZING SUSPt'NSLON OF* OFF-SALL INTOXICATING LIQUOR LICEN;E, JACK WF_NNLR DBA PARTY MART LIQUOR adding the following: "impose d $200 fine otnd warntnq of a three day suspension with the next reported incident of j minor being sold alcohol from the premises within one year." Regular Council Meeting August 3, 1957 Page 228 Councilmember Sisk stated h.! ran sympathize with tie oroblem of motivating employees to do the ,jcit right. Attorney Thomson stated that either a fine or suspension can be Imposed, not both. Mayer Schneider stated he would prefer a larger fine be Imposed and that pact of It be suspended until and If another Incident ot. ,:.jr s . MOTION was made by Councilmember Vasiliou, seconded by Council - member l.itur, to amend the motion that the owner donate $500 to Lha: Wayzata/Plymouth Area Chemlcal Health Commission to be usc;d toward Its prevention program in lieu of the fine which is sus- pended ds a condc ior of the donation. Councilmember Vdslliou stated that, if the Lew f.11owed, she would also have Imposed a three day suspension to be sure the message got across to the other liquor store owners. Maya: Schneider stated he believes the fine should be heavier with a dart of it suspended if there are no other Incloents within twelve months. Councilmember Vasillou stated she doesn't oelieve In forgiving part of the fine; no amount should be suspended. Counc:llmember Sisk stated his concern Is with the fact that Mr. Wenner is wortAng through other people and, It' he had sold the liquor himself, he could understand the large fine for the vic- latlur. However, In this case it was an employee who made the mistake. He would riot like to see this owner burdened with more of a fine than Is justified. He believes that a cont"ibutiori is money better invested thdt having It go to the City; he simply doesn't want it to be overly severe. Attorney Thomson stated that once action is taken on this viola- tion, it Is the last time the Council van address it. SUBSTITUTE NOTION for main mot tort and amendment was made by Mayor Schneider, seconded by Councilmember Zltur, to adopt RESO- LUTION N0. 87-503 CONSIDERING THE SUSPENSION OR REVOCATION OF OFF -SALE. INTOXICATING LICENSE FOR JOHN WENNER DBA PARTY MART LIQUOR adding the following: 11$1,000 fine which Is suspended pending no violations within tu.:lve months and pending a $500 donative to the Wayaata/Plymouth Area Chemical Health Commission within thirty days." Motion carried on a Roll Call vote, five ayes. U RESOLUTION N0. 87-503 SUPER= OF CTQUF LICENSE, PARTY MART LIQUORS Item 6-B Regular Council Meeti,,g August 3, 1997 Pdge ?.?9 PI.TITIONS, RLQt;LSTS AND COMMUNICATIONS David Datien ort, attorney representing Richard Ftrokke, stated VARIANCES F*OR the two, vac once requests were discussed by the Planning Commis- BROKKE:/POWER IND. sion. The setback variance was approved and they recommended 87049) Mr. Brokke be allowed to display vehicles on the unpaved sur- Item 7-A face. They have contacted MnDOT and been given a temporary lease on twenty feet of land which they will be now casing as their setback. The only perraanent variance stiil being request- ed is for signs. Mr. Brokke would like to delete his request for a second sign in oder to get one 155 sq. ft. pylon versus the City's ordinance limit of 96 sq. ft. and t-••% additional feet in heights It Is not Powell's position that the City has set a precedent by allowing other (:dr dealers to have these signs be- cdUSC they were approved under a previous ordinance. Powell is proposing the 155 sq. ft. sign which repitiCes a double-faced billboard which has been taken down. They eel the hardship is because of the sight lines from 1-494 and, with the topoyraphy, makes stgnage very important as to height if it is to be seen at ail. They want some ident:ficatlon from the public passing by; this should reduce hatardous weaving also. There is also tree cover on adjacent property which blocks the site of anythino smLller t',an the requested 155 sq. ft. Mr. Dcvenport stated they are asking to install a bituminous curb Lcn4)orarily so. if they can acquire the additional proper- ty, a cotterete curb can be Later installed to the new property line. Director Tremere stated that staff Call work with Powell to In- sure that the display cars are arranged to keep the area to the north clear. A varlam•e Is still needed for the five cars on the northwest •borner to be placed on grass. The Planning Commission has recon-%nded approving this. Mr. Brokke stated they want to park on the grass In the north- west and northe..st corners of the site.. Counciimember Sisk stated lie still wonders if the variance in the ee3t and west arVdS is needed since the problem wi4ZN the yard setback to the north has been solved. Direk!tor Moore pointed out that the west section dnesn't need a vdoljnce, except for parking on a non -paved surface, because it Is n,.re than the twenty foot sethack requirement. A variance is needed to the east because the cars would be In the setback and on a noo-paved surface. MOTION was made by Councilmember Zitur, seconded by Councitmem- RESOLUTION N0. 87-504 ber Vasillou, to adopt RESOLUTION N0. 87-504• APPROVING LIGHTING EIGHTMCWWXNJ'"" PLAN AND VIIIANCES RELATED TO SITE PLAN AND SIGNAGE FOR RICHARD VARIANCES, POWELL BROOKE FOR POWELL LINCOLN MERCURY (97049). LINCOLN MERCURY 87049) Item 7-A Fr, Regular Council Meeting August 3, '087 Page ?30 M(•T10N was made by Mayor Schneider, seconded by Councilmgember Sisk, to amend the main motion sc that condition #7 allowed for a temporary site plan variance be approved and that parking nn the grass area would only be for the west side; the east side shall be paved. Mayor Schneider stated he doesn't set any reason why the three to four solaces on the east are needed; a greed strip is needed there. Mot.ton to amend carried, five ayes. Jack Gelman, lighting consultant, stated the actual foot vandlr levees at each point haven't been shown accurately bec.luie the computer couldn't modify the plan completely. Mayor Schneider stated this is a great improv:ment over what was originaily presented. The cone rns he had were• addressed. Councllmember Sisk asked how he can be assured since the light patterns on the plan do not show light going off the property because lite Platt cuts them off. Mayor Schneider noted that the residential district is removed quite a ways from this site. Director Tremere stated the ordinance references glare and the plans indicate that this won't occur. Councilmember Vasillou pointed out that this development will be In place before the residential property develops and home buy- ers will be aware of the site. MOTION was mads' by Mayor Schnelder, seconded by Councllmember tltur, to amend the main motion to inel-u4-2 sign area varianee for a maximum 155 sq. ft. in condition 03. Mayor Schneider noted that this type of facility is a regional type of service and there must be a recognition by the Council that some signage Is required. He added that the herr would hide a smaller sign from the highway. Councllmember Sisk stated new sign regulations should be estab- lished for freeway zones rather than taking the requests one at a time via variance request. HP. will vote against the amendment until such time as the Council changes Its ordinance; this vari- ance would set a precedent. Mavi:r Schneider stated it won't set a precedent because there may not W another spot In the City where a berm on an adjacent pruperty Covers a sign. He said the petitioner should perhaps Is bt allowed to have a higher sign, but that was not requested. Regular Council Meeting August 3, 1987 Page ?.31 Councilmember Va3tliou stated she believes the Council has re- sponsibly granted Variances In the past on a rase by od seg basiS. She doesn't believe the Council has been arbitrary. Councilmember Crain stated he believes height may be more of a concern than the sire of the sign. Davenpnrt stated they don't object to increasing the height if !t can be accomplished through the use of the berm. It would be costly to customize the sign in terms of area and/or height. SUBSTITUIL MOTION was mdde by M.iyor Schneider, seconded by Coun- cilmember Zitur, to amend the main motion to change conditton #3 to read that the height variance be up to 5 ft. to allow up tO 41 ft. versus the 38 ft. and to Include the area variance for a maximum 155 sq. ft. Motion carried, four ayes. Councilmember Sisk voted nay. Main motion as twice amended carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber titur, to adopt RESOLUIION NO. 87-505 CHANGING NAME OF FINAL PLAT OF POWLLLS FIRST ADDITION TO POWELLS ADDITION (87049). Motio11 carried on a Roll Call vote, fi%e ayes. Hob Fie_ lds, owner of U-Do-Carwash, stated the reason he wanted to discuss this was because he believes he has met all the re- quirements of the ordinance and wants the bona released and not simply reduced. The four plantings that didn't survive last winter were replaced and he doesn't agree that the new trees have: to go another winter. He believes this has to come to some end and nc,t go on, potenttally, for years. To keep the letter of credit going is expensive. Councilmember Vasiliou stated there are people who don't replace their trees and the City's only enforcement tool is the ordi- naoice requiring thu winter survivability to be guaranteed. Mr. F fields asked if the City would accept $400 in cash in 1 ieu of the .letter of credit. Staff stated they would. MOTION was made by Mayor Schneider, seconded by Councilmember Zltur, to adopt RESOLUTION NO. 87-506 AUTHORIZING REDUCTION OF SITE PLRFORMANCL GUARANTEE FOR U-DO-CARWASH (85109). Motion carried on a Rol' Call vote, five ayes. RESOLUTION N0. 87-505 CHANGING WANEv FINAL PLAT, POWELLS F1RSi ADDN. (87049) Item 7-A U-DO-CARWASH BOND REDUCTION (85109) Item 7-B RESOLUTION N0, 87-506 BOND REDUCTIN U-DO-CARWASH 85109) Item 7-8 0 Regular Council Meetinq A(just, 3, I 0 Paw. $ 3; MOTION was m.idr by Co1 nH lmvm;)vr i 1 tiir, seconded by h,r SIsk, to .idopt ORD IN.ANCI NO, S7- Ili Atff NOINCA THE NAND TO CL.ASSIt Y CERTAIN t ANDS t OCAfI 1) NORTHWI ST Of 6 AND 1-49w ( 17 70 t 1 RNHROOK l ANt) To It' Wt ANNE 1) 47030). Mut ton varried on ,i lit) l l Ca l I vete, f Ive dyes. MUT ION was mativ by Cuunr l l member l 1 t ur , bur Sisk, to adopt Rt S0 UI ION NO. 47-507 P41 T PHIOR TO PUBLICATION Of ORD INANCI NUR110L.ST OF COUNTY ROAD 6 AND 1-494 y.,,30). Volmrl Imt'm- ONING JRDI- COOHTG ROAD I NDl1STR I Al. ) wronded by Coon • i lm(-m- SI- T T I NC CONDITION TO lit Rl 10NING I AND l OCA T11) 110 1 1 RNHR00k l ANI ) Mot ion carr led on a Iia t I C i l l vote, f ° ve ave s. MOT lt)N wwi m,i it, by Count. I lmt-mher 7 l t or, seconded by Count. l lmt•m- ber Sisk, t ti adapt RI SOLUTION NO. 47-50h APPROVING 0141 it 1M1NAR1 Pl. AT 10R W AGNF it ".PRAl TI CH I OR W AGHF R ADD l T LON ( 4 7ti )O) . Mut.lon ecirr (tad on a Roll C,i l l %,ott•, five ayes. MOTION *as %ide by Coune l lmember l l t ur, her Sisk, to .adopt Rt SOl UT l0N NO. 1+7-509 ON PROPOS{ D ASSF SSMI NT , 19A7 RE MOVAI AND THE.t 5 for At(l ist :4, 191%7 tit 7:.30 p.m. stsronded by Count. i lmt•m- SE T T I NG PUBLIC HE AR 1 NG W S TRUC T I ON OF 01St ASI D 1$)Liun carried on d Roll Ctill kite, five dyrs. MOTION was made by Couno I lmember l I t u r, scrunded by Count. I lmt•m- ber Sisk, to .idulit Rt SOl 11T ION NO, N7-510 M CLARING COST TO HE ASSI 55 D ACID ORDI RING PRI PARAT ION 01 VROPoSl 1, ASSI SSME NT t OR 1947 Hl MOVAL AND DI STRU.'T ltiN Of DISIASII) Tlit t S to he Motion carried on d Roll Cd l l vote, five ,lyes. MOTION *as mddr- by Caunrllm -iher liter, ber Sisk, to ddopt RLSULUTIUN NO. h7-5 1 US1 PLliMIT FUR AMVRIDATA SYSTEMS, INC. 0_NT1.R" W055), s. r.onded by Count 1 lmem- APPRUVING A CONDITIONAL OR "PLYMOUTH LFARNING Motion Cdrrled on d Holl Cdl I vote, f ave dyes. MOTION *.is mdde by Cuunc l (member / l tor, seconded by Count- l l mem- ber Sisk, .o adopt RESOLUTION NO. 87-514 APPROVING RESIDENTIAL PLANNLD UNIT DFVtLOPMENT FINAL PLAN/PLAT FOR HARSTAD COMPANDS FUR LAW CAM( LOT WATTS ; N) ADDITION (47056) (RPUD 96-1), Motion carried on r Rul l Cci l 1 vote, f lve ,lyes. ORO I NANCF NO. S7-11% ATHDINE, 71FIM, CODF 1770 F t RNHROOM I.ANI 470 40 ) 11 cpm 7 C* Rt SOLUT ION NO. M7-507 St TT1NG CONDITION AMI WING tut; I NG COD( 1770 11 RNHROOL{ t ANE 070 3O) Item 7-t* RESOLUTION NO, -50H WAGNF R SPRAY Tt CH WAGNI Ii ,JDN. (4 70 10 ) Item 7-C* RF SOLUTION NO. 87-594 OROFRING HF ARING 1987 RI MOVAL b DI STRUCT ION Of fRl F S Item 7-D* RESOLUTION N0. 87-510 DFCLARING C09T TO BF ASSI SSE D, 1987 HE MOVAI DI STRUCT iON OF TRE I S Item 7 -0* RESOLUTION NO, 87-511 PLYMOUTH LEARNING CE NTER (87055) Item 7-E RI SOI UT I ON N0, 87-51? RPUD FINAL IA7PL Ar LAKt CAMFLOT t.STATI S ND ADDN. WOW Item 74 * Re (pilar Couricil Met.LI-lq Auqust 3, IW0 fame ; ) 3 MOTION wa , ;Wade by Counc I I membl•r l i t ur, sevonded by ('minv i 1 mem- ber Sisk, t( adopt HI SOl UT ION N11, 47-513 St I f 1NG CONDI I [ONS TO I31 MIT PHION TO ill ING ()I AND HI l AI11) 10 1 1HAl Ill AT I OR t Ak: CAMI 10 1 1 STA II S ? NU AOI) l T ION I OR HARSI AD COMP AN 11 a ( 471156) ( RPUD 16-1) . Mot. ion carr it -.i un a Roll Call %of e, f lve ay,•.. MOTION was made by Cuurlc•i lmember 11 tur. seranded by Counri lmt•m- her ")Isk, 0) adopt ORnINANCI NO. 47-19 V-11 UDING 110 ION1NG ORI111- NANC'I IU Cl ASS11 Y 1 R1 AIN I ANUS I OCATI 1) IT 36`35 HIGHWA 101 Te) H- IA (I (PA DI 1611Y SII•Ita_I I AMILY H1-b1DLNTI,%U DISTRICT (1-i7061) 6 M(.tlon (•.erried on ti Roll Call tote, five ayes. HOT LUN w.i(l made• by C(unr i I member l I t ur, tie•cmideO by Counr t lmeom- ber !)I%k, t o adc pt Rt SUI UT WN 111). S7--514 ANI'RuW(; til It Nl AN, CONU 1 T l ONAI 1151 Pt RM I T AND 4 AR 1 ANCI l (1R hl ACI t i l l NI H AN CHURCH 7001) . Mol tun carried on a Holl Call v,ote•, five ayes. I'minrilme-mhor Crain staled Ills concern Is the out.doo r storage on gravel. The pet it loner 1 1.iims th.it asphalt will discolor ltle hrIvk. kevir Murphy, towner of Miclrt•sl Brick, stated the bricks .ire star 'ec on pail lets on the c)round. The problem with .asphalt is that when the brick is I If;ebd, t he asphalt becomes soft durinq the hot weather. Count-11mrrober Crain state(1 that, whtle t1r.ivel Is w.is!led before it clues dowel, haw oan it be kept from be-icl(1 a dust problem for the area. Mr. Murph) stated he h.is looked at all the alternae tv(%s or gravel, emerete, wind asphalt. Another problem with dspha1t Is lhdt the equipment cuts it up. They have 5eeri d[scusslnq putting concrete on the drivinq lanes to eliminate the problem there. Mayor Schneider asked If some t•onrreLe eouid be used on the areas which turn over mast frequently. Mr. Murphy answered that he vould do thdt. Co(mel lmember Sisk asked where the (tli5t would qo acid ae.kPid what , If any, resldeiievs would be dffvvLed slnce Ltivy were .it least 1/4 mile awdy, M.1yu1' )l lllll ltlt l it.ili-:l til!' /1r(Ileldllre regl(lroti deist free' emr- 19I SOL OT ION NO. k7-511 S c, N) 1MR I I NAI IN AT I AKI CAMI11)I ISTAII S 47056) Item 7-1 ORDINANCE NO. h7-19 1 io9s 111(11W%A 1111 h7(161) I t vm 7 -G" HI SO[ OT ION NO. 47.51SITIIll ' 1 VAH I ANCI , Ill ACI 111THI RAN 1 4706 1) Item 7-G" HIDWI ST BRICK t ~71164) It em 7 -H Regular Council Meeting Augost 3, 1987 Hage )-14 Uirector Tremere •Lated that (travel has bee(e used •is a dust, free s irfdce: in the pa,*t where oi:tsldeb stortige• involved .i minimum of truck or other vehic:le traffic. Councilmember Crain stdte:d, howevor. that this site will heeve• d higher volume of trfiffic than in the ether cdses. MOTION was mdde by Coun(yilmember Cr+.n, seconded by Councilme+m- RESOLUTION NO. 87-515 ber 1' tur, to deion: 13%1.e(1I 11T1(lr: N(). 0-515 APPROVIUr, PRI I.IMINARY PLAT FOR MIOWLST BRICK (b7,)64). MIDWFST BRICK (870641 Item 7-H MUtio 1 carried on d Roll Call vote, five dyes. MOTION wds made by Councilmember Crain, seconded by Counir i lmem- ber I.itur, to ddop4 RESOLUTION NO, 87- APPROVING SITE PIAN AND CONOIT10NAL USE iJLVAIT EOR MIDWE.Si BRICK (87064) dddinq condition #14 as fellows: "That d minimum of two of the four storage dreds shall be paved with dsphdlt or concrete to eltmin- ate dust." Director Tremere suggested dpprowiny the resolution without the condition anti, since this In a conditional use permit, review it In d ye%ir to determines if there is d problem. Counellmember Sisk sti.ted a concern with creating rdditlondl cost for the petitioner. SUBSTITUTL MOTION wds mads' by Mayer Schneider, seconded by Coun- RFSOL.UTION N0. 87-516 cilmember Sisk, to adopt RESOLUTION N0. 87-516 APPROVING SITE FLAN AND CONDITIONAL USE PERMIT FOR MIDWEST BRICK (87064) chanq- MIDWEST BRICK (87064) Ing condition #9 by adding the following: "Review shall include Item 7-H determination that the outside stvtrdge area has been and Is dust free" and deleting co(.dlt ton 014. Motion carried on a Roll Call vote, five ayes. MOTION *is made by Councilmember tltur, seconded by Councilmem- RESOLUTION N0. 87-517 ber Sisk. to adopt RESOLUTION NO. 87-517 APPROVING A CONDITIONAL ME OCCUPATION C6 6 USE PERMIT FOR KATHLEEN P. STRNAD FAR A HOW OCCUPATIGN AT 1750 KATHLEEN STRNAD RANI R LANL (87072). (87072) Item 7-1* Motion carried on a Roll Call vote, five ayes. ROT10N was made by Councilmember titur, seconded by Councilmem- RESOLUTION N0. 87-51A ber Sisk, to adopt RESOLUTION NO. 87-51t KLUMLNG DEVELOPMENT BOND REDUCTIOR BOND, F(iX RUN 2ND AD01TION (85066) to $2,408. FOX RUN 2ND ADDN. 85066) Motion carried on a Roll Call vote, five ayes. Item 7-J-1* MOTION was made by Councilmember titur, seconded by Councllmem- RESOLUTION N0. 87-519 ber Sisk, to adopt RLSOLUTION NO. 87-519 REDUCING DEVELOPMENT BOND REWTIM BOND, HER!TAGE WEST 2ND ADDITION (86048) to $45,584. HERITAGE WF-Sf 2ND 86048) Mollon carried on d Roll Call vote, five ayes. Item 7-3-2" Hesqu Lc,r Counel L Meet inq August 39 19h7 F'aele ? 35 4Ur1UN was m,ide h Count- IImember ounc:l lmember Sl sk, to adapt RF SOL Ur I0M DE VE_LOF'ME NT HONU, Dl F RWODU Gl E N FLAT TWO 541,59?. t t Cur, seconded by NO. 47-5?0 RF DU( 1NC 47010 FKA 460.44) to Motlar edrr ie.d W1 d ROIL C.111 vat e, five dyes. Count-llmember Sisk questioned the firm dn(i Its hlstory of rella- blllty. Directeur Willis stated that Moure stated the consutt.int rherked Out the owners and they are bonded 100% on leer'. orm.inve. MOTION w,is made by Counc:i lme•mber Sisk, cr-din, t-) adapt RF SOLUT ION NO. 47-5? 1 AUDITION STHH.T AND UT ll.l rlt S, F'ROJECI it.r!,ction In the amutnit of $10?,?-40.rO. seconded by Count; I lmember AWARDING BID, TYRt LI 5TH NO. 737 to M,ichtemes Con- ttul Lon carried on a Roll Ca l I vote, five aye,. ktFORTS OF M I RS, HOARDS AND COMMISSIONS Manager Willis stated the purpose iy e't to etre public commtnt .)n the EAW, it is to rillow the Council to review the draft :AW. Ptibl ie comment ctin br made to the Council ,hrough the E nv i ron- mental Quoillty Board. Director Moore slated l:terested residents could be placed on the mdlllny list when the final ('ni)y Is ready; this Is just. .j drdfL. The correeLlons he m.ide were to date and some other minor ehdnyNs; nothing substantldl was changed. Manager Willis stated that three sep.icate road a l l(Inments were studied as e..) their effects on the environment, Courieilmember Sisk eioted that the I AW doesn't say which one is better. H01LON was made by Councllmember Mur, seconded by Councilmem- ber Sisk, to aecept the draft E.AW un Schmidt Lake Road, Project 705. Motion c.irr led, five .lyes. Counc 1 lmembe r Vas l 1 tou st.. ed she doe w' r t:e 1 leve• the Council should do nothing. Enforcing the ordinance on d complaint basis Is trouviesome and she wants to find some way to handle this other than un a cumplaine. basis like lnctudinq all Council dnd staff in watching for feiwes which may be In vlolatton. Maridyer Willis sldtt%d staff agreon. The only way to (let .ihead of this is to take the more formal step of requiring d permit to construct a fence. These permlts t•ould be processed qutekly. RESOl.UT110N NO. S7-5?0 HMI) HrDJC T ION DF E RWOOD CI.F tI F'I.AT TWO 6144) lt(•m 7-:1-3* TYRE 11. 5 f H H It) AWARD It em 7-K RESOLUTION NO. M7 -5,"I AWARD COMTRACT TYRF 11. 5TH ADDN. PROJf CT 737 Item 7-K F' W` ON S!'HMIDT I AKF ROAD, PROJFCT 705 Item N -A FFNCE VIOLATIONS Rem 8-H Neg.,lar Counci 1 Meet lnq August 1, 198 Pd(je l)F Counci!member Vas l l Inu suggested using the ut t l l t y h i l l inq to qeL Information crit dnd Ii#kormi:•; residents. Ward needs U get out before the fer.ee goes op 4111c7 reob tfter Cuuncilmember Mur s atf-0 her favors .j pormit and fee system a ed believes the existing nein-comp ly Ing Fences should go the variance route. Mdnager Willis re re,cvw!nded that a simpler procedure be estdbllsh- ed by which resteie nts could apply for d fence permit for d modest fee to cover 14(b direct cost of the permit, it would be Investigated by they Nilidinq department, and the aphlirar.L would be I551Wct d permit.. The dppl icat Ion and the permit would not involve ae:sthe Lles or technical strur.turdl data. The process would he to verify height and location, MOTION was mdde by Councllmember Crdln, ker 1, Iter, that staff prepare necessary to require p(rmlts for fences And, as Mdndger, thdt opplicratloir;; for vdridr.;,es complying fences be accepted. Mo•. ton carried, five ayes* seconded by Councilmem- dmearidments to thr code outlined by the City for "post facto" non - Manager Willis states the CSU report stated that some movement is has Laken place dnd they still have one week to cumplete the Clean Up. Mayor Schneider asked that staff Inform tt•.e Council G.. Monday on the stdtc#s of the cledn up. Attorney Thomson suggested the prouerty owner and repress%ntative get d copy of the report presented tonight dnd a letter stating the Council is concerned thdt suffletent progress has not been made to date. KOTON wds made by Mayor Schneider, se u:onded by Councl!member it.ur, thdt d letter indicating that the Council reviewed the status and the action has not been s.itlsfactory and dee concern- ed that the deadline will not be met and reconfirm that o.i A !gust 11 the City will Rove onto the Site. M otlon carried, five dyer.. Mdnager Willis submittt-d a 1987/1988 levy calculation report. He summdrited the projected mlllage. Jiscusslun followed on how to discuss the budqet when It Is pre- sented. Manager Willis stated Mr. Jn nsure 13 asking why he teas to complyMwiththethreerequirementslistcJintheletterofJuly 4 from Rr%y Andet'son. He noted that. Lh is is because the code requires STATUS RUPORT 5140 ZACHARY LANE I pm R -C 1988 BUDGET - LFVv LIMIT CALCULATIONS Item 8.0 OWA!NF JOHNSON Lf TTvR Item 9-F I Regular Council Meeting August i, 1987 Page ?37 It. It is dppdrent from the letter that Mr. Johnson feels this Is punitive or dtiplicdt.ive. tierdus(! of the sensitivity ol" they Issue, 51rector Tre:mere has indicated that, whether or not the required mdteriaLs ore: submitted, it will 90 to the Planninq Commission on \ugtest 12. Mayer &%t.rwider stated j letter should be: sent stating that It was discussed and believes it is appropriate that they qo through the ydire acess which everyone else goes through. The answers 4ire not obvious to staff or the Planning Commission who were not Pdrt of the negotiations on this matter. Mdyvr Schnoider stated there is a party who wdnts to meet with Lite Council at the August 17 forum to discuss the, gooje prohlem. Wildger *111 Is stdted the present budqet doesn't Include money for ga.e:se control. The cost would be approxinwtely $700-1,000 per site and would have to be done over a four yeoer period and every three years thereafter. The problem is ldrge. :n his letter to the homeowners dssoclations he outlines that there Is no solution. t.ouneiimrmbrr Vdsillou quPitinned, If the money is availai)le, what dsseerdnces dors the City have Le dt this, will work and how are: the sites selected. Taxpayers' money should be used on pub- lic property first. There are so many homeowners associations who have money to expend for themselves. She will not support individual funding for homeowners until public property Is addressed. Councilmember Vdslliou stated she could never support having a sweeper on edit to clean up problems. Cuuacllmember tltur stated It wds something to think about. He doesn't believe the Council action of last weak will work., Mayor Schneider stated the Development Council has been working with the City tot years on thio Issue. The developers are well aware of the policy. Councimember Vdsl.11ou pointed out that the Development Council helped write the policy. Councilmember titer stated the water treatment plant site was lacking erosion control dnd wasn't cleaned up over the weekend. MOTION was made by Councilmember Sisk, se,:onded by Mayor Schneider, to adopt RESOLUTION N04, 87-522 FILLING VACANCY ON BOARD OF ZONING ADJUSTMENT AND APPEALS by appointing Mike Portio, 0 Motion carried on d Roll Call vote, five dyes. GOOSt PROBLE M Item S4 F ROStON CONTROL Item 8-G RESOLUTION N0. 87-522 Item H -H 0 Reqular Coinic:l l Meet Inq Auqur e. 3, 19h7 Pagv 1K HOIIlN was made oy Cot nrI Imember %ani l Io, j, %erontit -d h) Cotuu•l l- mtlmhvr ('rain, to appu ht John Cr If f It of Trammu l l Crew a5 (%ha I r- mao e)f the hu I ld inq augt het irg t .i%k force. Coojori Imembur Vasil iou stated YK! bullewrci It WdS lmport.ant from a lecidership stdndpolnt. to hdvtb somt,ont, to whom the policy will apply Icad ttte task force. S(IBST 1 Tt1 f MOTION was nide b) Coune 1 lmember / i t ur, seconded by Counrllmember Sisk, t dt Dirk III-fka of t.he hl<innlnq Commission be appolr,trd c-halr. Mullor carried, t hrev ,tye% Coltnrl Imembers V.,gt 1 toe and ('r,iln abstained. MOTION was made by Mayor 5chnutdtbr, 5uronded by Counrllmem..rr l lt.ur, that, In the event Dirk Plufka der ides not to ,irrupt the hairman,,hip, that John Griffin be apl.ointe-d. Me t ion carr i rel, f ivv ayes . They muet lny adjourned at 11:0S p.m. Z''Ct ear Fit !I1 I)INC: Al S1 NI TIC S TASK F ORVF AI'VOINTMI Nf It em 4-1