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HomeMy WebLinkAboutCity Council Minutes 06-06-19880 MINU11'i III CIA All COUNC I t MI I I INC: JI1Nl `l, 198,4 A requldr wet.inq of order by Deputy Mayor Chambers of the, City Juno b, 19bb. the I'lymout.11 City Cuunrll w419 etilled to Sisk kdt 700 p.m. In tilt, Clty Cuunel Center dt 1400 1'lymuui.1% lluulev.ird on flit 41 NI i Uoputy Mayor Sl i k, Cetcutt- l Imemhwpti Va%l I lens, Ricker, kind 71tur, City Mdoatler Wllllg, I'I.tnrtirul Ulrretor lrenw;e. I^kblie Workvi Director Wore, iWatitte Dtrertor 11.11141, City ALLure ry lhowoot, .mel City Clerk Hateelosht'i A AIISI Nl i Kiyor Sclitivider I'M `,1 N 14 1 LON Deputy Mayor S 1.sk present rel .t p l ailue out .1hpre•4.1 at loll to tet 1 r° t n(1 police l Itsuten.tnt Mel `iollierd, met thkntkeel him rot h veart; of tit-ry r.e to I.he City. City i4dindyesr WI ll l i lntroduerd tlie, 19M7 I In.nrlk I 11roorl .iced 31.kited Lhat for 1.1ty giant several yrar' I.hr Pity h., rr(-rIvrod in twt. l )vitt ra1#%4 acid been awarded t he C'erl lilt kite or Confor manor Award rur unlrorm yuvrrnmrrtt ttecuunt lnq by th'4 Wvernmrnt I lnkitive Of fivers As.%ovi it loll N&I OA) . i I nanreo hl reet or llahn prrartit.ed the 190 11 mane 1 a I Report. , nut t ice i pins t t I ve P I nk nr l it I ye?,,Iit to fund hkiIAinvto.%. :llm seIrert., `eItort . Nett,, A Co. , I tel, , otoulitora for Lite City, prrientod the dud; t of the 19M l 1 I n,im• 1 a 1 statementse flossed on the audit, he tr...cdeMkl .iet unqualirted uptnlun un they C'lt.y'y tittanr.lat xtatrrw.t,• lir Added 0itil the statements runtivur to lir tcgiruvr.d Acid (%ottinwittied thr City', r11swiw.r gtkil'1 . Mr. Seifert %toited that hl r: firm wl i', rue t Inur portudlr Insptivtlosts ur t'Irianrlal record througliaut the yesir and wl l l ropurt nny rar.ummrndc+d vhanyrm dl ree:t ly to I tit, Vo sti l l . MM ION was m4do by Cuunct lmrmbrr Vaal l lots, arconde(l by Coiinri 1 mr+mber 11 tur, to dl roe ,1 tiff t o I nrorportit r eh,iritles it i rarumnrndect' by the rtioditur Imeodlntely. MUIION was made. by Coune•IImnmbtir Ills%ker, arre rtclre} toy l'- unrllmembrr Misr, to amend the matin motlort to Inrltido Ilidt. Lite policy rev 1 a I ons come bae.k to Lite Cosine l 1 r:or e;y,t rvd 1 on Aerie. M. Mutlun tit anvoid rarrlyd, voter ayri. Mo Iii mul lin cttirrled aw aiwwrti, roar ayr%. 1'M !,1 N I A I ION MI I W1 111 11C I t .•m 4 A 1947 1 i NANO 1 AI 10 110111 Regular Council Meeting June 6, 1988 Page 142 MOTION was made by Councilmcmber Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-301 ACCEPTING 1HE 1987 FINANCIAL REPORT AND AUDIT. Motion carried on a Roll Call vote, four ayes. Deputy Mayor Sisk proclaimed June 14 urged all citizens to pause at 7:00 Ninth Annual PAUSE FOR THE PLEDGE Allegiance to our Flag and Nation. CONSENT AGENDA as National Flag Day and p.m. on this date for the and recite the Pledge of Councilmember Vasiliou requested that agenda items 9L and 9W be removed as consent items. Councilmember Sisk requested the addition of item 9P to the consent agenda. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt the consent agenda as amended. Notion carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Litur, seconded '.y Council - member Ricker, to app-:ove the minutes of the May 23 Special Council Meeting and the May 24 Board of Review Meeting as submitted. Motion carried on a Roll Call vote, fotir ayes. PUBLIC HEARINGS After a duty called and held public hearing with no one appearing, MOTION war ,made by Councilmember Vasiliou, seconded by Councilmember oto r, to adopt RESOLUTION NO. 88-302, AUTHORIZING THE VACi%T10N OF DRAINAGE AND PONDING EASEMENIS IN OUILUTS J AND K - STLEf '.ECHASE 3RD ADDITION. Motion carried on a Roll Call vote, four ayes. After a duly callel and held public hearing with no one appearing, MOTION was made by Councilmember litur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-303, AUTHON11ING THE VACATION OF DRAINAGE EASEMENTS I.OR PONDING PURPOSES IN 1,11 ?. BLOCK 1 GROVES OFFICE PARK. Motion carried On a Roll Call vote, four ayes. 0 RESOLUTION W. 88-301 198 FINANCIAL R PORT AND AUDIT Item 4-8 PROCLAMATION NATIONAL FLAG DAY Item 5 CONSENT AGENDA Item 6 MINUTFS Item -07 RESOLUTION N0, 88-30? VACATION OF nsrmrMl STL-EPLECHASE 3RD ADD, Item 8-A RESOLUTION N0. 6-s ;;J.' VAFAYION OF v X 14T' - GROVES OFFIC, fARK ADDITION Item H --H J 0 Regular Council Meeting Ourte 6, 1988 Paqe 143 PE T ITIOFIS, RL()ULSTS AND COMMUNICATIONS Deputy Mayor Sisk introduced Marcus Development Corp., for the int:rseetion of Highway abO22)_ the requests a neighborhood 55 and 'gest of Mark shopping Medicinc 0. Senn, center at Lake Road David D;:venport, 740 East Lake Street, appeared before the Council stating that the Planning Commission unanimously recommended app: oval of all requests except one %larianoe. Mr. Davenport: stated that : has no disagreement with the Planning Commission recommendation. In response to questions by Counctlammber 71tur, Mr. Davenport clarified the Lars:,t property status. He stated that the Larson parcel is under contract and control of the development partnership, and that the preliminary plat, Including the Larson parcel, •vill proceed in terms of design as the Council intended. fhe Larson site will be converted to another use by Plymouth Point Partnership. MOTION teas made by Councilmember Vasiliou, seconded by Councilmember titur, to adopt RESOLUTION NO. 88.304 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR MARCUS DEVELOPMENT CORPORATION 88022). Motion carried on a Roll Call vote, four ayes. MOTION was made Councilmember Zitur, PRELIMINARY PLAT FOR POINT (88022). by Councilmember Vasiliou, seconded by to adopt RESOLUTION NO. 88-305 APPROVING MARCUS DEVELOPMENT CORPORATION FOR PLYMOU'1H Motion carried on a Roll Call vote, four ayes. MU!ION was made by Coeinci!member Vasiliou, seconded by Councilmember Zl tur, to adopt RLS('1UTION NO. 88- )'' APPROVING SIZE PLAN AND VARIANCE FOR MARCUS DEVELOPMENI CORPOLATION FOR PLYMOUTH POINT (88022). Motion carried on a Rell Call vote, fnur ayes. MOTION was made by Councilmernber Vasiliou, seconded by Councilmember Zitur, to adopt ORU?NANCE NO. 88-23 AMENDING THF ZONING 1)ROINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NOR1HLAST CORNER OF WEST MEDICINE LAKE DRIVE AND STATE HIGHWAY 55 AS 8-2 (SHOPPING CENTER BUSINESS) DISTRICT. Motion carried or, a P-311 Call vote, four ayes. PLYMOUTH POINT 8802 2 ) Item 9-A RESOLUTION N0, 88 304 GUIDE PLAN AMENDME.N1, PLYMOUTH POINT 88022) Item ^-A OtSOLUTION N0, 88-305 PRELIMINARY PLNT PLYMOUTH POINT (88022) Item 9-A RESOLUTION N0, 88-306 SITE PLAN AND VAR ANCF PLYMOUTH POINT (88022) Item 9-A ORDINANCE NU, 88-23 REZONING, P[yRoUTH' POINT, (88022) Item 9-A t Regular Council Meeting June 6, 1968 Nage 144 City Manager Wil) is stated that base=d on previous Ciunctl direc- tion, staff hes prepared a resolution for consideraLior. denying the site plan and conditional use permit for Pat toff, Goff Homes (88019). He rooted that the Fc:Itloner presented council - members with a revised plan. He recommended that if the Council wished to consider the revised plan, +.t. N.• referred back to the Planning Commission. The revised pla, a':peare(; to dedicate the majority of the east end of the property as park and to relocate structures further onto the site from the west lug lines: however, there was no difference in the number of prcposed dwelling units. Counclimembur Ricker stated th?t he failed to bee a problem with this or the ortyinal proposal. Upon Council - member Zitur's request, Direct^r Tremere. 0xplained the previously noted concern of Mayor Schne+der that if the north- east cnd of the property were undeveloped and privately held, there could be a problem with future development of surrounding property In that the need for trunk sanitary sewer in the area to the east would be significantly diminished by the proposed layout which transferred the potentia' dwelling units for the east area to the west area. This could place an undue burden on the other property owners in the a ar t area. Director Tremere stated that this concern Is resoled by the recently submitted pian which designates the east end as parkland with no need for sewer service. Mr. Treao;ve explained that the proposed resolu- tion denying Mr. Gof f's requests was based on the fouatci 1 review of the plan as ori;jinaliy submitted. M07ION was made by Councilmember Zitut, seconde=d by Council - member VdsilioU, to defer action anu remand the most recent plan to the Planning Commission for cc,isideratlon Lhrcugh the hearing process to include notice to anyone that apped.red for the previous hearinge Notion carried on a Roll Call vote, four ayes. The; Council considered the requests of Ryan Construction - RNWNL Ltd., for "Waterford" at County Road lb and State Highway 55 87027). Councilman litur questioned the status of the DeVac property. Alan W. Schackman, appeared on behalf of Ryan Con.,tructior. Mr. Schac aman stated that the UeVac operation may continue in the present mode until October 1989. Contractual arranger, nts then provide that the use is to terminate and the present structure be demolished. Mr. Schackman clarified for Ueputy Mayor Sisk that the structure will be demolished by October 17, 1989. City Attorney Thomson stated that since the City is not a party to the agreement providing for the demolition date, theoretically the date could be changed between the partle.s. He recommended adding a condition in the resolution 3pprovinp they PUD. Councilmember Vasiliou stated her objection to adding such PAT GOFF , Item 9-B 6801!i) RYAN CONSTRUCTION, WATERFORD, ( 87027 ) Item "--C I 0 Regular Coirnl:il Meeting June 6, 1988 Page 145 a condition to the resolution is this is an agreement between the parties which does not arfect the City's business with Ryan. Director Tremere explained the Tommisr-ion's concern that the petitioner's proposal has created the nonconforminq use status for the DeVac operation, and the petitioner should be accountable for that. MOTION was made by Counclimember Vasiltou, seconded by Cuuncilmember Zitur, to adopt ORDINiNCE NO. 58-24 AMENDING THE ZONING ORDINANCE 10 CLASSIFY CERTA,bN LAIJ)S IN THE NORTHEAST QUADRANT OF HIGHWAY 55 AND REVERE LAVE (EXTENDED) AS B-1 (OFFICE LIMITED BUSINESS) AND B-3 (SERVICE BUSTNESS) DISTRICT. Mation carried on a Roll Call vote, four ayes. HOIION was made by Counci'member Vasi:iou, secondea by Councilmember Zitur, to adopt RESOLUTION N0, 88-307 SETTING COMDITION TO BE. MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCAILD IN THE NORTHEAST QUADRANT OF HIGHWAY 55 AND RE.V!:RE LAND (EXTENDED) (87027). Motion carried on a Roll Call vote, four ayes. MOTION was made by Coucollmember Vasiltou, seconded by Cr ilmember Zitur, to alnpt RESOLUTION NO. 88-308 APPROVING PI 40 UNIT DEVELOPMENT PhLLIMINARY PLAN/PLAT AND CONDITIONAL UbL PkRNIT FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA FOR WATL•RFORD PARK PLAZA (MPUD 86-1) (87027). MOTION was made by Sisk, to amend the In Resolution No. hall be no later Councilmember Zitur, seconded by Deputy Mayor motion to innlude the ddlition of a condition 88-308 that "demolition of the De.Vac but.ldiny than October 17, 199901. Mr. Schackman stated that Ryan Construction has no objection to the audition of this condition. Motion to •mend carried, four ayes. Motion as once amended carried on a 8311 Call voce, four ayes. MOTION wds made by Councllmember. Vasi'iou, seconded by Councilmember l.itur, to adopt RESOLUTION d0. 88-309 APPROVING CONDITIONAL USL PERMIT FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA (MPUD 86-1) (87027). Motion carried on a Roll Call vote, four ayes. ORDINANCE 40. 88-2.4 R " G, "W F RD" 87027) Item 9-C RES01 UTION N0, 88-307 SETTING PRIOR TO PUBLICATION, WATERFORD", (87027) Item 9-C RESOLUTION N0. 88-308 PACE, PLATIPEAP, WATERFORD", (87027) Item 9-C RE SOL OT ION N0. 88-309 87027) Item 9-C Regular Council Meeting June 6, 1988 Page 146 Thor Panchenko, petitioner, appeared before the Council briefly describing the Super 8 Motel chain, the. development group, and the proposed structure and landscaping. He stated that based on Planning Commission request, the number of units has been decreased, the trash and oversized vehicle areas have been relocated, and traffic flow redesigned. Mr. Panchenko descr•:bed the three variances reque!ted and noted that the location of Al variances is on the I-4.94 side of the property, awa- from surrounding neighborhoods. Questioned on what he would do should the Council deny nis variance requests, Mr. Panchenko indicated the development group would redesign the project for the site. Councllmemcber litur expressed his concern of whether this development is appropriate in a gateway area to the City. Councilmember Vasillou yuestioneo the importance placed on dictating aesthetics to preserve tke gateways to the City end suygested that the Council view ali "gateways" to the City for comparison. Deputy Mayor Sisk stated his concern over the seemingly crowded site, especially since setback variances were needed. MOTION was mad^ by Councilmember Ricker, seconded by Councilmember Vasillou, to adopt all the resolutions approving the development as contained in the staff memoran&4n. Councilmember Zitur stated his concern with the variances an,.i the structcire design, and moved a SUBSTITUTE MOTION that the project he remanded to the Planning Commission for consideration of redesigned plans which require no variances; it was seconded by Deputy Mayor Sisk. Couricilmemsber Ricker stated that the Planning Commission found there was merit for the variances based on the shape of the lot, and he did not object to the variance requests, particularly since th-,y are not to the front of the building. The uniqueness of the parcel shape is apparent. Vote on the substitute motion failed: Zitur and Sisk ayes; Ricker and Va31llou nays. Vote on the original motion fal!eds Ricker and Vasillou ayes; Zitur and Sisk nays. MOTION was made by Deputy Mayo Zltur, to defer this item to council will be in attendance. Mayor Motion carried, four ayes. Sisk, seconded by Councilmember the :rune 20 meeting when a full Councilmember Vasillou suggested that, prior to the meeting of June 20, the Council be made aware by 0%. City ittorney rihat guidelines should be followed when dictating "esthetic .design. U I HOR PANCHF NKO FOR SUPF R 8 MOTUL, (86017 ) Item 9-D 7 1 t Regular Council Meeting June 6, 1988 Page 147 Harold Voth Metropolitan Was*e before uhe Council relative to t station at the nc7thwest corner i 88033). Fk requested that the permits shall be issued until recorded with Hennepin County" proposed resolutions. Control Coi=15slon, appeared e constructIGn of a sewer lift P County Road 18 and Hig'iway SS fourth conditlon "no buildinq the Final flat is filed and be deleted Prom each of the Director Tremere recommended that the City have an official assurance from the Metropolitan Waste Control Commission If this condition is waived, to ensure filing of the plat. Mr. Voth Indicated that the "quick take" procedure would be effective July 1 if negotiations are not successful with the owner. After further discussion, Attorney Thomson suggested the condition be amended to read: "no building permits shall be issued until the effective date of the "quick take" order or until title has heon acquired, whichever is first, and a written commitment I. received from the Metropolitan Waste Control Commission that It will process and record the final plat" MOTION was made by Councilmember Zitur, seconded by Deputy Mayor Sisk, to adopt RESOLUTION NO. 88-310 APPROVING PRFLIMINAIZY PLAT FOR THE METROPOLITAN WASTE CONTROL COMMISSION FOR A PLYMOUTH LIFT STATION. MOTION war maa. by Councilmember litur, seconded by Councilmembet-'icker, to amend the motion by revising Londit:ion No. 4 as recommended by the City At:.orney. Motion carried, four ayes. Amended Motion carried on a Roll Call vote, fodr ayes. MOTION was made by Councilmember litur, seconded by Deputy Mayor Sisk, to adopt RESOLUTION NO. 88-311 APPROVING SITE PLAN, VAKIANCLS AM CONDITIONAL USE PERMIT TO ALTFR THE FLOODWAY OVERLAY DISTRICT FOR THE METROPOLITAN WASTE CONTROL COMMISSION FOR A PLYMOUTH LIF) STATION (8803). MOTION was owde by Councilmember litur, seconded by Cnuncllmember Rickee, to amend the motion by revising Condition No. 4 as recommended by 'he City Attorney. Motion carried, four ayes. Amended motion carried on a Roll Cali vote, four ayes. Deputy Mayor Sisk caller: a five minute recess. isThe Meeting was reconvened at 9:50 p.m. METROPOLITAN WASTE CONTROL COMMISSION, 88033) Item 94 RESOLUTION NU. 88-310 METROPOLITAN W CONTROL COMMISSION, PREL. PLAT, (88033) Ttem 9-F RESOLUTION N0. 88-311 METROPOLITAN W CONTROL COMMISSION, SITE PLAN, VARIANCES, CUP, ( 8803 3 ) Item 9-E 1 U L. Regular Cot,ncil Meeting June A, 1968 Page 146 Carol Slavick and Mark Clemens, ,Arkell Development, appc;ared with a reque•;t for tax ineremen! financing and housing re-4,nue bonds "or proposed senlo Reg•.lar Council Maet±ng June 6, :k988 Page 149 dilemna of trying to accomodate the use, recugn)Ting that thy. applicant was making an honest attempt to abide by City requirements. NOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliosa, to adopt RESOLUTION NO. 88-312 APPROVING A CONDITIONAL, USE PERMI? FOR LISA I-04REINER FOR A HOME OCCUPATTON AT 12830 56TH AVENUE NORTH (8603?). Notion curried on a Roll Call vote, four ayes. An administrative MOTION was made by Cou.usilmember 71tur, seconded by Deputy Mayor Sisk, to ,.nclude the conditlonal use permit/home occupation ordinance requirements in Plymouth in Parade as a mans of educating the public. Motion failed Zitur aye, Ricker, Vasiliou, Sisk nays. Director Tremere stated that staff is currently reviewing home occupation language baso" on a past Council directive. MOTION was made by Deputy Mayor Sisk, seconued by 0uncilmember Zitur, to direct staff to continue researching the Uome occupation ordinance with a report back to the Council by the end if July. Notion carried, four ayes. MOTION was made by Coune.i lmembei. ZI ttir, - econdwel by Councllmember Ricker, to adnpt RESOLUTION NO. 88-113 .APPROVING A CONDITIONAL USE PERMIT FOR LITTLE CAESAR;: PIZZA OF h1NNt=NOTA, INC% TU OPERATE A CLASS 11 RESfAURg1T AT THE OAKWOGD SHOPPING CENTER, 1400 HIGHWAY 101 (E.8047). Motion carried on a Roll Ci,li vote, your ayes. MOTION was made by Councilmember :iter, neconded oy Cr,uncilmember Ricker, to adopt RESOLUTION INO. 88-314 APPROVING FINAL PLAT 1Nn DEVELOPMENT CONTRACT FOR LUNDGREN BPOTHERS CONcTRUCTION t OMPAnY FOR FOX RUN 4TH ADDITION (WUJ 63-1) 88040). Motion carried on a Roll Call rote, four ayes. MOT ION was hide by Councilmember Zitur, srrcrmded by Codncllwmber Keker, to adopt RFSOL.U1ION NO. 88-315 SETTING CONDITIONS TO B,-.- PRIOR TO FILING OF AhD RELATED TO FINAL PLAT FOR FUX RUN 4TH ADDITION FOR LUNDGREN BROTFLERS CONSTRUCTION COMPANY (WUD 83-1) (86040). 0 Motion carried on a Roll Cali vote, four dyes. RESOLUTION 130, 88-317 MMIT WRENS . CUP` 6803:1 Item 9-u RE,"'WITION NO , 88-313 CI MIEEW., L' iT . CAtSAOS F1.71A, CUP, 88047) It"In *9-H RE40LJTION N0. 68-3i4 LINO W, ToX RUN 4T%i AD+)W. , DEVELOPMENT CONTRACT d 8040 ) Item *9-I ESOB MON N0. 88-315 EUNDIMEN 997M RUN 4TH ADINI t , SC1 i INC CONDITIONS 1*0 BE' NIS f PRIOR TO FILING FINAL PLAT, (88040) Item *9-1 Regular Council Meeting lune 6, 1988 Page 150 MOTION was made Counellnember Zitur, seconded h RESOLUTION N0, 88-116Y Y Counclimember Rickey, to adopt RCSOLUTION N0. 88-316 ADOPTING ADOPTING ASSESSMENTS, ASSESSMENTS, PRCjECT 40. 822, W/.TEPMAIN AREA. - FOX RUN 4TH PROJECT NO, 8229 FOX WW T ION. RUN 4TH ADDN. Item *9-T Motion carried on a Roll Call vote, tour ayes. NOTION was made by CoutclImember Zitrr, seconded by RESOLUb1ION NO. 86-317 Councilmember Ricker, to adopt RESOLUTION NO. 8A 317 APPROVING LUMCREN RPOTHERS, FINAL PLAT AND DEVELOPMENT CONTRACT FOR UNDCREN BROTHERS FINAL PLAT AND CONSTRUCTION COMPANY FOR STLEPLE:CHASE STIP ADDITION (MPUD f3 1) DEVELOPME:E.T CONTRACT, 88041). STEEPLECHASE' STH QDN. Item *9-J Motion carried on a Roll Call vote, tour aye,. NOTION was made by Counciimember Zitur, seconded by RESOLUTION N0, 88-318 Councilmember Ricker, to adopt RESOLUTION NO. 88-318 SETTING MR"EN BROTHMS.MR" CONDITIONS TO BE MET PRIOR TO FILING OF A:ID E CL.ATFD lO FINAL SET TING CONDITIONS TO PLAT FOR STELPLECHASE 5TH ADDITION FOR LWPGREN BROTHE=RS BE MEET PRIOR TO FILING CONSTRUCTION COMPANY (MPUD 83-1; MAW* * FINAL PLAT, STEEPLECHASE STH ADDN. Notion carrlyd on a Roll Call vete, Pour ayes. Item *9-3 NOTION was made by Councilmember Z:tur, seconded by RESOLUTION N0. 8r+-31) Cotencilmember Flcker, to adopt RESGLUTION NO. 88-319 ADOPTING ADOPTING ARTSWT1r, ASSESSKCNTS, PROJECT N0. 621, WATERNAIN AREA - STELPLECHASE SIH PROJECT N0. 821, ADDITION. STEEPLECHASE STH ADDN. Item *9-3 Motion carried on a Roll Cail vote, ;'our ayes. MOTION was made by Ceincllmember Zitur, seconded by RESOLUTION N0. 88-320 Counellmember Ricker, to adopt RESOLUTION NO. 88-320 DECLARINGMPTI , ADEQUACY OF PETITION AND OWERING PREPARATION OF REPORT, S TR:'E: T ORDL RING REPOR T , LIGHTING - STE:EPLECHASF 4th ADDIT104o STREET LIGHTING, STEEPLECHASE 4TH ADDN . Motion carried on a Roll Call vot.e, four ayes. Item *K-•1 MOTION was made !:y Councilmember Zitur, se^onded by RFSOLUTION NO. 88-321 Councilmember Ricker, to adopt RE:SOWTION N% 98-321 RECEIVING REPORT AND ORDERING PRO'1EC1 - STREET LIGHTING, STEEPLECHASE, 4th ORDERING PRO:EC19 STEL•'PLFCHASE: 41H ADDN. Mc -tion carried on a Roll Call vote, tour aye;. Item 'r9 -K1 MOUGH was made by Cour.ailmember Zitur, seconded by RESOLUTION N0. 80-322 Counciimember Ricker, to adopt RESOLUTION N0. 88-322 DECLARING AMPTINC PErITIOR, - ADEQUACY OF PETITION AND ORDERINC PREPARATION OF REPORT, STREET ORDERING REPORT, LIG11.YING - THE: MEADOWS OF' BASS LAKE:,, STRCET LIGHTING, MEADOWS Ot' BASS LAKE Notion carried osi a Roll Call vote, Pour ayes. Item *9-K2 r Regular Council Meeting Dune 6, 1988 Paye 151 MOTION was made by Councilmember litur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-323 RECELVING RUPORT AND ORDERING PROSECT - STREET LIGHTING, THE FILADOWS OF BASS LAKE. Motion carried on a Roll Call vote, four ayes. Counetlmember Vasiliou questioned ttie reason for Change Order No. 5, f ernbrook Lane, and the prelilwis Change Orders on th t.s project. She stated concern with why there types of changes occur after execution of the original contract. EnginAer Olsot., Bonestron, Rosene, Anderlik 8 Associates, reported that in this particular project, the City made a conscious decision to add to the project ,after it was started. 40TION wes made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION N0, 88-324 APPROVING CHANGE ORDL:R N0. 5, FERNBROOK LANE IMPROVEMENTS, CITY PROJECT N0. 544. Motion carrlad or. a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-325 APPROVING CHANGE ORDER N0, 29 FERNBROOK WOODS IMPROVEMENTS, CITY PROJECT N0. 720. Mo0on carried on a koll Call vote, four ayes. MOTION wa!, made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-326 REQUEST FOR PAYMENT N0. 10 AND FINAL FERNBROOK LANE IMPROVEMENTS, PR03ECT N0. 544. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember nicker, to PLANS AND SPECIFICATIONS 1988 SEAL COAT PROGRAM. Councilmember titur, seconded by adopt RESOLUTION NO. 88-327 APPROVING AND ORDERING ADVERTISEMENT FOR BIDS, Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Ricker, to PLANS AND SPECIFICATIONS 1988 CURB REPAIR PROGRAM. Counclimember 11tur, seconded by adopt RESOLUTION NO. 88-328 APPROVING AND ORDERING ADVERTISEMENT FOR BIDS, Motion carried oti a Roll Call vote, four ayes. RESOLUTION_ N0, 88-323 RM:C. INS -cP f 7ND ORDERING PROJECT, STREET LIGHTING, MEADOWS OF SASS LAKF Item *9-K2 RESOLUTION N0, 88-324 N0, 5, PROJECT 5449 FERNBROOK LANE Item 9-L RESOLUTION N0. 88-325 XPPROVING CHANGE MIR N0. 2, PROJECT 720, FERNBROOK WOODS, Item *9-M RESOLUTION N0. 88-326 D FINAL, PROJECT 544, FERNBROOK LANE, Item N RESOLUTION N0. 88-327 APPROVING PLANS, ADVERTISING FOR BIDS, 1988 SFAL COAT PROGRAM Item *9-0-1 RESOLUTION N0. 88-328 ADVERTISING FOR BIDS, 1988 CU3B REPAIR PROJECT Item *9--0-2 U Regular Cnauic l l Meeting June 6, 198b Page 152 MOTION :gas made by Counellmembcr Zitur, seconded by Councllmember Ricker, to adept RESOLUTION NO. 88.329 REDUCING DEVELOPMENT BOND, QUAIL RIDGE OF PLYMOUTH 3RD ACDITION (87)33). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Vaciliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 330 ACCEPTING BID, 22ND AVENUE STREET 6 UTILITIES, PROJECT NO, 8139 WOOD CREEK STORM SEWER, PROJECT NO, 660. Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt ORDINANCE. NO. 88--25 AMENDING PORTIONS OF ORDINANCE NUMBER 80-9, ADOPTED JUNF tri, 1980 AS AMENDED, AND KNOt-.'4 AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO PARKING MINIMIIK STANDARDS. Motion carries; on a Roll Call vote, four ayes. MOTION was made by Councilmembe: Ziturs seconded by Councilmember. Ricker, to adopt ORDINANCE N0. 88-26 RELATING TO PUBLIC SAFETY AND AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 915.019 95.110 915.159 915.179 915.189 915.230 AND ADDING SUBSECTIGH 915.24 relating to animal control. Motion cerrled on a Roll Call vete, four ayes. MOTIO's was made by Councilmember Zitur, seconded by Cor.acilmember Ricker, to adapt RESOLUTION 40. 88.331 APPROVING I -AWFUL GAMBLING EXEMPTION UNION CITY MISSION/HCME FRE.I. SHELTEP. Motion carried on a Roll Call vote, fcjr ayes. MOTION Nas Councilmember AMUSEMENT AND Motion carried made by Councllmember titur, seconded by Ricker, to adopt RESOLUTION N0. 80-332 APPROVING THEATRE LICENSE FOR MAPLE GROVE MALL PARTNERSHIP. on a Roll Ci11 vote, four ayes. MOTION was mado by Councilmember Councilmember Ricker, •.o adopt RESOLUTION PE:s1TIONER'S APPROVED APPRAISAL OF VALUE subject to eminent domain for drainage, purposes for Cottonwood Plaza. Zitur, seconded by N0. 88-333 CE:.RTIFYING for property which is ponding and utility Motion carried on a Roll Call vote, fotir ayes. The Council discussed the objectives. Councilmember language "levy to the limit commit to levying to the proposed 1989 City Council budget Vasiliou noted an error in the In 198911, stating that she did not limits She objected to the item RESOLUTION N0, 86-329 B0REDUCTIO N, QUAIL. RIDGE iRD ADDN. 47133) Item *9-P RESOLUTION N0, 330 ACCFPTINC B D, 22ND AVE . , PROJECT 813; WOOD CRE.F. K, PROOF C T f 60, Item 9-9 ORDINANCF N0, 88.25 STANDARDS Item *9-R ORDINANCE NO. 88-26 ORDINANCE Item *9-S RESOLUTION N0. 88-331 GAMB NG FXFMPTINOMMOR UNION CITY MISSION/HOME FREE SHE L I LR Item *9-T RESOLUTION N0. b8-332 409FMCHT AND YHM"M LICENSE, MAPLE GROPE MALI. PARTNERSHIP Item *Y -U RESOLUTION N0. 88-333 APPRAISAL OF VALUE, PROJECI 762, COTTONWOOD PLAZA, Item *^-V 1985 C(U INC IL OHJLC I 1 ft_ S BUDGE I I Retl tlAr C'ounell Meetinq 1 tne K, 1948 Faye. l 5 i mainteln ex;sttn fun•11 e sti ort for human s.ebrvIreqlFP ulencies...", W:plaInInq ,h.t they Conine!!! shosrld retaln the option of ;nrrr.asinq, t+eroreaslnq, or maintaininq lhls fividir,el support. %e requested r.;tiat an Item tie added to "review the comminiration prngr.m to detrrmine what was spent, what we qot for our ,none!, and how it relates to the future." Deputy M.yor Sisk and Coun.•ilmentber Itirker sutlgestrd langc agr to the eifert levy to loc°roase. when possihlto, the cont rIbertInot s I o Infrastrurturri, tisk maioagemrnt and p ihlir farllit.v reserver." Counrllmember VvWl.lou stated that she did not feel that startinq with 1e•.vylnq to the limit, prtor to thr, budget process, wart f lural I rrspolisthle. Dept ty Mayor Sisk stated he, felt unc.amfhrt.ble with the nnow plowinq Item "e•onvert one or two more private ro tes to City rrew renpon,sthlllt.y to eidiati e service qudIIty." and request,rcl thr langr age he amended to re4id possibly convert ... ". Deputy Mayor Sisk also requested that langudtle be added relattve to the Human Resotirres Sper.l.-llzt: "to be lnvegtilated for subsequent addition In 1990" to indivate It could occur beyond that date. Counrtlmeml.or Vastlto q est loved the r.irrent PRAC position on user fere, stner the Cmmrll ha•. Indicatod that It does expert a certain level of fundinq from user fees. Deputy Mayor Sisk stated that PRAC to forns l.et Inq a prop- ittatWton to be givcn to the Catmri 1. Co mrl lmemhpr ll t rr su4t4e'%t-Pd tl at wordInq be added 1,o Include "a spertal fiend" which could be used for hlrinq additional personnel when necessary. Councllmember Ricker stated that this is .already . option rider the "ont inyeney Fund and that estab l 1 sh inq a separate rund is necessary. City Manager WI l llg will amend and return the objectives to the Counell for conslder.ation on June 20. Discussion was held on the current water problem In the City of W;1111 BAN Plymouth. Director Moore reported that the tremendous Ine•rease Iii water usage ouriny they recent hot weather ha: rerlutred extraordlnarilti hth pumping levels. Over the weekend the reserves In the towers were basically depleted. Also of concern is the lowered ground water level because of recent. "r ear drouyht" conditions. this has necessitated a total w.tterlrtrl han In the City. He reported that one well Is currently down for repairs. the situation could be improved when Well No. 9 comes on-line, pose 1 h.ly by dune 15. Deputy Mayor Sisk noted that the Council earlier discussed a complete ban, odd -even sprtnkl Inti, prohlbi'.iny sprinkling during peak hours, and educating the public. He asked when an easinq of the restrictions could he expected. Representat i v+es of Bone, t rou, Rosene, Ander 11 k b Asmoctates, stated that the water level In the towers rmist he maintained for fire protection purposes ai d to prnvlcle sufficient domestic water* they water level in tl.e+ wells mint also be maintained. if the City eased the vomplett% ban and the water table level was still yotnq down, a complete hen would again need to 1 e instituted. Deputy Mayor Sisk que st lonrd the enforcamur t procedure for vloiators. City Manager Willis toted thAt the city staff Is warninq res i dents and t hrrr In .t avlslon for a $5 per day penalty whir.' is addel,l to tho water K -] Regular Council Meeting June b, 1 88 Page 154 bill. City Manager !illis advised that if residents are Interested in their own domestic water need., those of their neighbors, and necessary fire protest+on. they must understand that they have a prodsict that cannot be provided in unlimited amounts. It is to everyone's interest to share the sc-rrity. In response to a queQtion by Councilmember Ricker, the Engineer stated that the best the City could hope for if the vomplete ban Is lifted is odd -even sprinkling, with prohiLIted sprinkling during certain hours. He further stated that the nurrent system Is of sufficient design to serve the City given reasonable weather and cost implications of capital improvements. The Council discussed the distribution to residents of a flyer proposed by staff explaining the current ban. The Council was concerned with the temporary nature of the flyer. Councilmember Vasiliou stated the need for a consistent, 3n -going policy so that residents can remember and comply w'th ft. She also stated the need to bc. factual in any flyer sent to residents, per'naps citing .information from the extension agent on watering. MOTION was made by Councilmember Rirkar, seconded by Councilmember Zitur, to adopt ORDINANCE NO. 88-27 AMENDING SUBSECTIONS 1015.19 (n) .AND SUBSECTION 70,45 OF THE PLYMOUTH CITY CODE to provide a penalty provision cif $100 for violation of the sprinkling ban. Mbr ion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember 'ticker, seconded by councilmember Zitur, to adopt RESOLUTION N0. 88-334 AMENDING CITY-WIDL SPRINKLING DAN. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Deputy Mayor Sisk, to direct the City Manager, in conjunction wi.:h the Public Worl Director and consulting engineers, to desIgnate the necessary sprinkling ban, to revise Vie inforirational brochur, to be distributed to residents ccnsideriny the council's comments, and to release the brochure at his discretion. Motion carried, fo•jr ayes. City Manager Willis indicated he would notify Councilmembers as soon as the.e is a change in the ban situation. M01ION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to direct staff to pruonote this information% on Channel 37 as SMI as Issued. Motion carried, fotir ayes. ORDINANCE N0, 88-27 AMFNDING A . FOR VIOLATION OF SPRINKLING BAN RESOLUTION NO. 88-334 AMfNDINC SPRINKLING BAN 14 i 0 Regular Counc#.l Meeting tune 6, 1988 Page 155 Nancy Dierdorf, 2110 Urbandale Lane, described the problem with water pressure she has experienced over the last two years at tier home near County Road 6 and Highway 101. Director Moore stated that there are two pockets of homes In the City, both at high elevations, that have reported continued problems with water presscre. Mrs. Dierdorf stated that the Council mist do something about her situatio., now. The engineers stated that either booster pumps could be installed In the homes or booster systems to the affected areas. The Council discussed this situation, noting that the City must do whatever is required to provide Mrs. Dierdorf with water immediately. Deputy Mayor Sisk questioned whether the Council should be looking at all residences with water pressure problems in these two areas, or just this individual case. Councilmember Ricker stated that the engineers will determine what is acceptable water pressure, but at this time somethiitg erust be done for Mrs. Dierdorf. NOTION was made by Councilmember Ricker, seconded by Deputv Mayor Sisk, to instruct staff to imffediately seek a solution to the water pressure problem for Mrs. Dierdorf, to proceed with installation if the cost is reasonable, and to return as soon as Nuaslble with a report on the other affected homes. Motion carried, four ayes. Councilmember Zitur stated his concern that all residents with this problem be treated equally. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION by Councilmember Zitur, seconded by Councilmember Ricker, to endorse City Manaytr Willis !or nomination to the League of Minnesota Cities hoard of Directors. Motion carried, four ayes. Councilmember Vas.iliou questioned the purpose of they handout to acquaint people with the Counni 1. She diel the need for such a brochure. Manager Willis stated It of the communications pla i for 1988 and % ss designee! and Inform citizens about the City councilmemberse proposed not feel was part o advise MOTION by Councilmember Zitur, seconded by Councilmember Vas'liou, to tables the brochelie Indefinitely. Motion carried, four ayes. Councilmember Vasiliou questioned the authority of the Wayzata Arts Council to authorize the Council to take action on a grant submission, as slatQd in the Information Peckelt. DIERDORF WATER PROBLFM Regular Council Meeting June 6, 1988 Page 156 The Council discussed continued corresP ondDnce between Nr. Lund and City Manager Willis regarding the parking ban ordinance. No action was taken. MOTION by Councilmember Ricker, seconded by Councilmember Vdslliou, to adopt RESOLUTION 88-335 ADOPTING CITY Ck'iN..'IL INSURANCE PROGRAM. Motion carried on a Roll Call vote, four ayes. There being no further business, the meeting was adjourned at 11:.5 P.M. City Clerk C RESOLUTION NO- 98-J35 TD -OT t ING CITY COU14 .IL INSURANCE PROGRAM