Loading...
HomeMy WebLinkAboutCity Council Minutes 05-15-1989s MINUTES REGULAR COUNCIL MEETING May 15, 198 A regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.me in the Council Chatriers of the City Center at 3400 Plymouth Buulevard on May 159 1989. PRESENT: Mayor Schneider, Vasillou, titur ABSENTS None Councilmembers Ricker, Sisk, STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Public N-)rks Director Moore, 0.0mr,%inity Development Coordinator Dillerud, P:rk Director Blank, Finan.:e Director Hahn, Attorney Thomson, and City Clerk Hauenhorst Presentative - Finance Director Hahn introduced Risk Management Coordinator Taud Hropingarner. Coordinator Hoopingarner presented the Annual Risk Management Report. He explained the achievements of the Pisk Management program and future program )bjectives. Councilmember Sisk noted Lite large amois t of savings this program accomplishes He asked what happens to the interest received on the reserve fL% insurance purposes. Director Hahn stated that the interest continues to increase the reserve. When a certain reserve level is reached, the City may wish to become more self-insured. Councilmember Ricker stated that the reserve is building because of good interest earnings, relatively fe.j claims and no serious claims. Manager Willis presented a leg!slative update. He discussed recent legislation which passed In the Senate relating to ground water protection which would .,isult in an estimat'd $50,000 per year from the City's water funs, to 1,1nance water testing done by the State. He explained tax capaci•.y, a3 adopted by the 1988 legislature, and its effects on Plyn,^.jth residents. Manager Willis described varicus pend'.ng tax relief proposals. ®n response to a que:,tion by Councslmember 4isiltou, he %toted that the "Truth in Taxatton' legislation ndoited in 1468 is very complex and difflcu.Lt tc. implement. It ay not be ready to fully administer lentil 1990. Items 8-0 and 9-N wern removed from the Consesbt Agenda. MOTION was made by Councilmem'aer Sisk, seconded by Counk.""ember titer, to abopt the Consent Agendas Motion carried on i Roll Ca;,i vote, five ayes. Annual Risk Management Report Item 4-A LegiQl4tive Update Item 4-B Consent Agenda Item 5 Regular Colmell Meeting May 15, 1989 Page 117 MOTION was made by 06wriclimember S.ak, seconded by Couicilmember Zitur, to approve tie minutes of the May I meeting. Motion carried on a Roil tall v^te, five ayes, 4ayor Schneider opened a pubic hearing at 9:13 p.m, on vacation of ponding easement on Outlot B, Harrison Hills ''nd tidditiun. No one appeaced. The hearing was closed !t 9x13 p m. MOTION was made by Councilry tuber Vasiliew:, to adopt RESOLUTION VACATION OF DRAINAGE EAkMEN-TS HARRISON HILLS 2N) ADDITI01% S:' sk, seconded by Courb, -1 imember N0. 89-259 AUTHORIZING 1'N! FOR P-JNDING IN OUTLOT H - Lotion carried on a Roll Calt vote, five ayes. MOTION Pas made by Couneilmem4Pr Tisk, secor-;eco by Cowicilmember Vasiliou, to adopt RESOLUTION NOe S9 -2r0 SETtING CONk)ITIONS rO 3MET PRIOR 10 FILING OF RE:.1l.UTIGN N0. 89-:)59 VACATING THC WAINACE EASEMENT FOR PONG'NG FOR HARRISON HILL's 2ND AL;.ITION. PlotlG%n carried on a Pall Call Note, five ayes. Mayor Sci=neider opened a isOf utillty and drainage Freeway r or Addition, closed at 8:13 p.m. CI public hearing aL 8:13 p.m. on vacation easement on Lot S. Block 1, Nlymouth Nu Arno appeared. The hear -Ing was MOTI00 was made by Cuuncilriehiber Ittur, seconded by Count, .lmEmbar Picker, to adnpt RESOL61 ION NO. 89-261 AUTH6R1IING THE V40WATION O(' )RAINAGE: AND UTILI rY F:ASEMENI , PLYMOUTH FRE: WAY CENTER ADUMON - L01 y, BLOCK 1. Motion earrleu oo a Noll C6,11 vote, five, ayes. MOTI•IN was made by Councilmember 11tur, seconded by Counclimember Ricker, to adapt RLSOLUT;ON Nei. 89-262 SETTING CONDITIONS 10 FIE: MCI PRIOR TO F 1L INC OF HES01 I• ION NO. 89-261 VACAYING IKE DRAINAG: AND UTILITY EASEMFNI FJR vLVMOUTN -'RE8'W.AY CF!+T1 AUDITION. Moti.,n carried on a Holl Call vute, flve ages. Coordinator Utilerwi explained the request of Loindgren brothers Constidocion CompAny for approval of preliminary plat a+:d varial.ces ivr Reisei Addition located at the nar:h and of Mooney Lake and gest of toe end of 25th Avenue North ! 8YO05) . He stater: tnat -n ddditl.on to the staff repor , the Planning Comni;;sien recomnended• )opro al of the vartar.ces for the length of the Hrvekton Lane: cul -de -sat: to allow 57:5 feet, Instead or the Minutes Item •f RF.SO+ UT10N NO. 89-259 RUTH, RUING VA ATION OF E ASLMti.TS IN HARRISON HILLS 2ND ADDITION Item 7-A RESOLUTION N0. 89-260 fes CODTIONS TO OF MET PRIOR 10 FILING RESV' - "0. 89-259 Stem 7-A HESOLUTION N0. 89-261 AUTHniji TN", VACATION OF ASEt;L.NT IN PLVMO(: i 1. FREEWAY CENTER A01TION Item 7-B RESOLUTION N0. 89-26d SETTra Z'UV, m, 70 HE. MET PRIOR IU FILING RESOLUTION N0. 89-261 Item 7-B Lindgren Hro,. Const. Pratimindry Plat and arlances for Reiser Addition ( 89(X05 ) Item 8-1 Regular Council Meeting May 15, 1989 Page 118 500 foot standard, and denizl of the variance for lot width for Lots 6, 7, and 8, Block 4. A new condition is proposed stating thiit the front setback for Lots 6, 7, and 8, Block 4, shall be sufficient to provide a 110 foot lot width at the setback line with the lots configured as shown. A neer condition is proposed that the Protective Covenants to ;je recorded with the Ficial Plat i,%clude provisions that no private docks be allowed for lots of this subdivision on Loney Lake and that there be no Individual private work be undertaken in the wetlanu area, thereby lndividuai property owners would be prohibited from any possible destruction of natural resources. The Planniry Commission has also recommended that Lot 20, Block , be preserved as a passive park area, consistent with the recommendation of the Director of Parks and Recreation, and that a p•.)rtion of Lot 20 north of the south line of Lot 19 extended be i,r;luded within the area of Lot 19, all in Block 4. Coordinator D:llerud stated the ;,w,)major items addressed at the public hearing were related to the proposed grading pian and the petition to the DNR to alter the lagoon area. He stated that from staff's perspective, the that will function as well with or without the lagoon dredging. Ccordinator Dillerud stated that the applicant would be eligible for a grading permit after preliminary plat approval. Councilmember Vasiliou quLstio-ied the need for the proposed passive area, as there are three: parks nearby. Peter Pflaum, Lundgren Brothers Construction Inc., stated that a common access Is proposed %hich would be owned by the Home Owners Association to provide access to the lake. Protective covenants would prohibit any motorized vehicles on this access. Mr. Pflaum believed that the six lot! on the lake should have the same rights as normal lake lots. He stated that Lot 20 is shown on their plan at. a single Family lot. If the City wants that lot for passive park purposes, he would expect to be compensated fairly for it, atid guaranteed that the wetland would be preserved. Michael Pflaum, Lundgren Brothers Construction inc., stated that to mitigate the effeo,%ts the development will have on this area, dredging is proposed for reconfiguration resulting in a larger, permanent open water area. He stated that If no restrictions were proposed, the landowners would be able to extend docks. The developer is praposing covenants which would restrict those rights to prevent homeowner encroachment and degradation of the natural amenitio.s. He noted that the matter will come pack to the Council for en%lronmental review. Councilmember Sisk questioned if there wasn't a contradiction between the desire to keep the natural habitat and redesiq.i is through dredging. Regular Council Meeting May 15, 1989 Page 119 is Michael Pflaum stated that the intention is to establish natural vegetation all around the lagoon, with the expectation that homeowners will still have access to the water at one point on their property, but a total beach would be avoided. Paul Wirtz, 2325 Walnut Grove Lane, stated he Is the spokesperson for The Frie ds of Mooney Lake, a non-profit organization formed to preserve the raturai amenities of Mooney Lake. Mr. Wirtz presented a petition which encouraged the Council to prevent indiscriminate public access onto Mooney Lake and prohibit dredging and destruction of the habitat. The petition opposes a park on L t 20 (a preserve Is desired) and urged limiting the use of boats and other equipment to electric motors of five horsepower or less. Mr. Wirtz requested that the Council delay consideration of the plat until the ONR decision concerning -wetland alteration is received. MOTION was made by Councilmember Vasiliou, seconded by Councilmember 11tur, to adopt a RESOLUTION APPROVING PRELIMINARY PLAT AND VARIANCE FOR LUNDGREN BROTHERS CONSTRUCTION INC. FOR REISER PROPERTY (89105), withholding a decision on Lot 20 until the ONR comments are received. Councilmember titur asked whether a future Council could change a park to an active park, should this Council approve acquisition for a passive park. Attorney Thomson stated that it could occur unless restrictive covenents were placed on the property. Councilmember Sisk expressed concern for possible misuse of Lot 20 if approved as a park, because it would be in a very difficult location to police. He did not see the urgency in moving ahead with the project and was in favor of delaying consideration of the petitioner's requests until the DNR permit Is obtained. Councilmember Vasiliou agreed there could be a policing problem and stated that perhaps Lot 20 would be best left as a buildable lot. MOTION to amend the main motion was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to delete Condition 15 regarding Lot 20, and include in Condition #4 that park dedication shall include, in addition to the Outlots, "a trail on Lot 20, Block 4". Carol Beach, FRAC representative, stated that the purpose of recommending that Lot 20 be acquired as a passive park was to provide the public %vith access to the lake. Regular Council Meeting May 159 1989 Page 120 Park Director Blank s0ted th access to all major bodies of and Gleason Lanes. This may City to acquire a public access 0 3t the City has acquired public water in the City except Mooney be the last opportunity for the to Mooney Lake. MOTION to amend the previous motion to amend was made by Mayor Schneider, seconded by Councilmember Zltur, that the east -west trail on Lot 20 would be no less than 50' and the complete point w3uld be included as pati dedication, Mayor Schneider stated that Lot 20 would be a buildable lot but trail access would be provided to the lake. Motion to amend carried, Schneider, Zitur, Ricker ayes; Sig% and Vasillou nay. In response to a question by Councilmember Sisk, Attorney Thomson stated that it is the Council's legal obligation to be reasonable. If Lot 20 is of sufficient size to be buildable, after placement of trails, it probably would not seriously financially impact the development and would be reasonable. Motion to amend, as once amended, carried; five ayes$ Mayor Schneider explained to the developer that the trail must be completed prior to issuance of building permits. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to table the requests of Lundgren Brothers Construction to June 5. Motion carried, five ayes. MOTION was made by Mayor Schneider, seconded by CouncilmemUer Litur, to direct staff to study the issue of how to regulate boats and other equipment on the lake to 5 horsepower, given abutment to the lake of governmental entitles other than Plymouth. Staff is also to address the need for the access for the property owners on the lake if Lot ?0 provides public access. Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Iltur, to adopt ORDIN.ANCF NU. 89-12 AMENDING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT 441H A1TU VICKSBURG LANE. TO R-2 (LOW DENSITY MUL.TIPLI DISTRICT)$ Motion carried on a Roll Call vote. five ayes. Councilmember THE_ ZONING AVENUE NOR011 klSIDI NI IAL ORDINANCE NO. !3:'-12 ACK SWEDLUND, RLZONING AT 441H AVE. NOR 1 H AND V ICKSHURt; LANE Item *H -H r 0 Regular Council Meeting May 15, 1989 Page 121 MOTION was made by Councilmember Sisk, t.itur, to adopt RES01-UTION NO. 8S'-263 MET PRIOR TO PUBLICATION OF ORDINANCE THE NORTHWEST QU%DHANT OF VICKSBURG 89016) . seconded by Councilmembr SE T T IN' CONDITIONS TO FIE RLIONING LAND LOCATED IN LANE AND BOUNTY ROAD 9 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt. RESOLUTION 40. 89-264 APPROVING PRELIMINARY PLAT FOR JACK SWEULLIND FUR NORTAFORK (89016). Motion carried on a Foll Call vote, five .lyes. Mayor Schneider noted that Tony Eiden, Elden Construction, has requested that. his rt -quest be delayed to the June S Council meeting. Marcia Cohojes, Miller & Schroeder. and Dennis M. Govednik, 742 Twelve neKs Center, requested preliminary approval of the Issuance of revenue refinancing bonds and scheduling of the public `earl.ig for June 5. Ms. Cohodes stated that the Intent Is to Le'duce the amount of negative cash flow the developer Is experiencing due to the timing of the original IssuanCe aid tax exempt rate. Manager Millis explained that thest obligation of the City, but do carry were sold publicly. The relssuance units available for low and moderate additional five year:, bonds are not a general the City's name. the bonds would guarantee 210% of trrc Income Individuals for an Councilmember Ricker stated that tie is not In refunding because witli the name of the City on t City's credibility is at stake. tic' stated that tt a financial Institution Individuals purchased certain Interest rate fc anticipate refundings that moves In and out o the bonds In goad faith, r the length of the bonds. eivor of the ie bonds, the e City is not the market. expect Ing a Thty did vot Councilmembers Vasillou and titer stated they also ore riot supportive of the relssuance at this point. Mayor Schneider coted that there are no fees required in order for this app! irat Lon to be made arid suggesteA that the same r't'e be charged as an initial issue ($1,000) if the request proceeds. R: --SOLUTION N0, H9-263 SETTING CONDITIONS TO dt. MEI PRIOR TU PURL ICA T I Ott % 0RUINANCL NO. S9-12 Item *8-H RESOLUTION NO. 89-264 JACK SWEDL'JND, APPROVING PRELIMINARY PLAT FOR NOR T HF URK 9016 ) Item *8-13 Eiden Construction Item S -C Fox Furest Apartments Project, Revenue Financing bonds Item 8-D Regular Council Neeting May 15, 1989 Page 122 NOTION was made by Couneiliember Zltur, seconded by Councilmen,,ter Ricker, to adopt RESOLUTION NO. 89-235 AU,HORIZINC PUBLICATION OF A NOTICE OF PUMLIC HF.I.AING AND PROVIDING PRELININ.ARY APPROVAL Of THE ISSUAi ICF OF ,1 SERIES OF REVENUE 3EFUNDING BONDS WITH RESPECT TO A MULTIFAMILY RENTAL HOUSING DEVELOPMENT. MOTION to amend was made by Mayor Schne..& r, second0d by Cnuncilmember Zltur, that the same fee be chaigeo as an original issuance r.mnuest, if they choose to proceed w.th toe requ st. Motion to amend carried, five ayes. Main motion as once amended carried on a Roll Call vote, five ayes. Manager Willis stated that Ryan Construction Company is developing plans for a commercial development in the northeabr quadrant of I-494 and County Road 9. The developer has made two requests for use of tax increment financing revenues - a land write-down on the former Begin gravel pit in the amount of 1,000,000. This write-down is requested because of the high costs involved in making the site ready for development. The second request is for the construction of County Road 61 from County Road 9 to County Road 47 to accommodate the traffic generatud by this development, as well as growing traffic levels on County Road 9. The estimated cost for this construction would be about $4,000,000. MOFION was made by Councilinember Zitur, seconded by Councilmember Vasillou, to adopt RLSOI.Il1ION NO. 89 -?66 CALLING PUBLIC HEARINGS ON THE ESTABLISHMENT OF ECONOMIC TAX INCREMENT FINANCING DISTRICT N0. 7-1 AND AN AMENDMENT TO ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT N0. 2, Mayor Schneider questioned the use of T.I.F. revenues fur the land write-down, as the City has historically used the reve,iues Tot public improvements. He stated that the burden of proof Is on the developer. Nat Ryan, representing Ryan Construction, stated that the City has probably never been Paced with a property that has been as significantly .filtered af. in this case. Motion carried on ; Roll Call vote, five ayes. MOTION was made by Counollmember Sisk, seconded by Coun,;ilmember Zltur, to adopt RESOLUTION N0, 89-267 AUTHORIZING HELEASE OF SI TL NERr OHMANCE GUARANILL t -()H RYAN CUNTRUC I ION COMPgNY ( 46146) . Motion carried on a Roll Call VWel five ayes. RESOLUTION N0, 89-265 PRELIMINARY APPROVAL Of REVENUE REFINANCING BOND ISSUE FOR FGX FOREST APARTMENTS PR JJEC T , St f f I NC PUBLIC HEARING Item 8-D RESOLUTION N0. 89-266 RYAN CONS RUCTION 1616F, IiEQUES 1, SCHEDULING PUBLIC HE AR I NC Item 8-k RESOLUIION TIO. 49-267 RYAN CONsmunfON CO. Rt 1 t ASF OF F INANCIAL GUAHAN I1_t , ( HES 144 ) Item "8-F Regular Council Meeting May 15, 1989 Page 123 NOTION was made by Counclimember Sisk, seconded by Councilmember Zltur, to adopt RESOLUTION N0. 89-266 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGt EASEMENT FOR PONDING PURPOSES OUTLOT G, STEEPLECHASE STH ADDITION. 0 Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RE'.sOLUfION NO. 89-t69 AWARDING BID, DEEP WELT N0. 119 CITY PROJECT NO. 909. Potion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 89-270 AWARDING BIO, DEEP WFLL N0. 12, CITY PROJECT N0. 909. Potion carried on a Roll Call vote, five ayes. NOTION was made by Co,incilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 89-271 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTS-EMENT FOR BIDS, 1989 STREET RECONSTRUCTION PROJECT, CITY PROJECT N0. 801. Notion carried on a Roll Call vote, five ales. NOTION was made by Councilmed'er Sisk, seconded by Councilmember Zlttir, to adopt RESOLUTION N0. 89-272 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS COUNTY ROAD 101 WATER TOWER CITY PROJECT N0. 906. Motion carried on a Roll Call vote, rive ayes. NOTION was made by Councilmember Zltur, to adopt RESOLUTION NO. TO GUIUELINES REGULATING THE USE Sisk, seconded by Councilmember 99-273 AMENDING POIACY RELATING OF THE CITY CENTLKO Notion carried on a Roll Call vete, five ayes. MOTION was made by Councllmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 89-274 APPROVING AMUSEMEMT LICENSE FOR FOUH SEASON MERCHANI15 ASSVCIATION, ford carnival from May 25 through May 29. Notion carried on a Roll Call vote, five ayes. MOTION was made by Counrilmember risk, seconded by Councilmember Zitur, to adopt RESOLUI(ON We 89-275 APPROVING 1989 CIGARETTE LICENSE .APPLICATION, for Rainhow Foods, 10200 6th Avenue North, Moticn carried on a Roll Call vote, °lve ayes, RESOLUTION N0. 89-268 SE INC PUBLIC H ARING ON EASEMENT VACATION IN STEEPLECHASE STN ADON. , Item *8-C RESOLUTION N0. 89-269 AIMARUNG UD, DEEP WELL N0. 119 Rt' OJEC T N0. 909 Item *8-H-1 RESOLUTION N0. 89-270 AWARDING BID, DEEP WELL N0. 129 PNOJFCT N0. 909 Item *8-H-2 RESOLUTION N0. 89--271 AI'PROV I NC PL ANS AND SPECIFICATIONS, 1989 iTREET CONST. PROJECT, PRO:IECT N0. 801 tem *8-I RESOLUTION N0. 89-272 APPR69ING PLANS TND SPECIFICATIONS, COUNTY ROAD 101 WATER TOWER PHOJI'Cl N0. 906 Itt" *8-J RESOLUTION N0. 69-273 AMENDIN RL ICY RELATING TO USE U1 CITY CENTER Item *8-K RF_SO;-UT IOV N0. 89--274 APPH41VING AMUSEMENT L ICEI ISL FOR FOUR SEASON MALL Item *8-L RL SOLU11ON N0. 89-275 APRATRTIRG CUJARL T rt L ICE K; Item 13-M M 0 Xegular Council Meeting May 15, 1989 Page 124 Councilmember Vasiliou questioned liquor license ordinance relating asked why a change is needed. She kept abreast of these changes in a the proposed amendment to the to corporate licensees, arod cequasted that the Council be tiaely fashion. Attorney Thomson explained that there was a recent change in corporate control in Sc6aticon Minnesota, Inc. which amounted to a change to control of the corporate licensee without a change In the ownership of its stockholders. No amendment to the Scanticon liquor license was necessary because the current City Code does not require approval for this type of transfer; however, the City may have an interest in reviewlml tf.ls type of change in the future. MOTION was made by Councilmember Vasiliou, seconded by Councilmember titur, to adopt ORDINANCE NO. 89-1:1 RELATING TO PUBLIC HEALTH AND WELFARE, AMENDING SEC110N 121)6.37 OF THE PLYMOUTH CITY CODE, relating to changes In corporate liquor licensees. Motion carried on a Roll Coll vote, five ayes. Councilmember Iltur clarified that West Hennepin Human Services serves the area of Plymouth south of tiighway 55; Northwest Hennepin Human Services serves the area of Plymouth north of Highway 55. Appointees should be from the appropriate service areas. MOTION was made by Councilmember litur, Councilmember Vasiliou, to direct staff to applicants, living south of Highway 55, to fill the West Hennepin Human ^,*.rvIces Planning Board. Motion carried, five ayes. MOTION was mane by Mayor Schneider, seconded by Sisk, to adopt RESOLUTION N0. 89-27,; APHOINTING TO THE NORTHWEST HENNEPIN HUMAN SERVICES ADVTSORY term expiring 12/31190. seconded by advertise for the vacancy on Cotinel imember DEBORAH HIBLEH COWII T TEE to a The application of Mary Gabe will be kept on file fov a future vacancy. Motion carried an a Roll Call vote, five ayes. MOTION A, made by Councilmember Sisk, seconded ;,y Cournm.ilmember litur, tip adopt RESOLUTION N0. 89-277 APPROVING DISHIIRL..MLNTS OR 1111 11HIOD ENDING APRIL 30, 1989. Notion carried on a Roll Call vote, five ayes. ORDINANCE NO. 89-13 A NDI 'MV" 01* RELATING TO CORPORATE LIQUOR LICENSEES Item 8-N RESOLUTION N0. 89-276 APPOINTING DEBOR,AII HIB11H TO NW HENNEPIN HUNAN SERVICE ADVISORY COMMITTEE Item 8-0 RESOLUTION N0. 89-277 APPROVING UISIiUHSE- NLNTS FOH PERIOD ENDING 4-30-89 Regular Counc i 1 Mee t f gig May 15, 1989 Page 125 assistant Manager Boyles presented A ymouth Dial -a -Ride System, noting lie reported on current marketing Issues* a status report on the that ridership Is growing. efforts and future policy Mayor Schneider- suggested that regular routes to the airport be onsidered. the Cosincil received the Public and Capital Improvement Prosect status Reports. Councllmember Vasiliou requested that a copy of the City request and County response be included in the Manager's Information Memorandum regarding the status of signaliration at Annapolis lane and County Road 9. A copy of the city request was handed out and Director Moore stated that the County has not yet responded. Manager Willis reported that Well No. 10 will not be completed according to the contract deadline; completion is estimated in three weeks. He stated that rainfall has not been sufficient to warrant a three week delay. Director Moore stated that the contract contains a provision for liquidated damages. MOTION was made by Mayor Schneider, seconded by Councilmembtr titur, to direct staff to survey speee'ing by radar and analyte the request for stop signs at 44th/45th and Juneau Lane. 0 Motion carried, five ayes. Mayor Schneider discussed the conditional use permit process as It relates to schools contemplating additions and remodeling. He stated that since schools require a conditional use permit, any time there is a building addition o! remodeling, t.W conditional rise permit process is required, sometimes causing time delays. He suggested that the ordinance be modified to provide that existing schools be grandfathered and would not bo! required to go through the conditional use permit process. MOTION was made by Mayor 5;:hneider, seconded by Councilmember Ricker, to direct staff to prepare an ordinance amendment which would state that public facilities existing and in operatlon a•e granted a conditional use permit. Councilmember Sisk stated that the conditional use permit process should be followed M.nen building additions are contemplated. There could be an impact on the neighborhood which the Council may wish to address, parti(:ularly in existing neighborhoods. MOTION to ameied was made by Mayor Schneider, seconded by Councllmember tttur, that the cunOttional use permit process would not be required for one addition, not to exeted 10% of the floor ares per school. Plymouth Uial-a-Hide System Status Report Item 9-A Put:tis and Capital Improvement Project Status Report Item -L' Radar :,nd Slopial iza- tion, 44th/4')th and Juneau Lane Coral i t i onal Use Permits/:'school Buildings Regular Council Meeting May 15, 1989 Page 126 Motion carried, Nicker, Iltur, Schneider ayes; Vasiliou and Sisk nays. MOTION to amend was made by Mayor Schneider, seconded by Councilmember Zltur, that staff could give administrative approval it they found that there was no adverse impact to any residential district that abuts the school. Motion to amend c4irried, five eyes. Main motion as twice amended carried, rive ayes. A suidy session was scheduled for 5:00 p.m. on 3une 5 to discuss Downtown Ply*.uth, as; well as other agenda items submitted by Councilmembers to staff. Attorney Thomson reported on the result of th, Holiday Flus lawsuit. He stated that it the Council wi3hed to consider an appeal, it should adjourn to executive session. The meeting wes adjourned at 11:10 p.m. to 0 cl.A 4 -4 /tom - Ci yClerk Special Meeting Haliday Plus Lawsuit