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HomeMy WebLinkAboutCity Council Minutes 07-24-1989H 1 4 U I E S REGULAR COUNCIL IIFE T ING 3uly 24, 1999 Following the Forum, Council was called to the Council Chambers, Roulevvd en July 24, the regular meeting of the Plymouth Clay order by Mayor Schneldo; at 700 p.m. in of the City Center at 344 Plymouth 1969. PRESENTt Mayor Schneider, Councllmembers Ricker, Sisk".., Va3111GU, i:tur ABS! NT : None STAFF PRESENT: City Manager 1.4111is, Assistant Manager Boyles, Puhlis Works Director Moore, Community Development Director Tremere, Public Safety Director Carlquist, Finance Director Whn, Attorney Thomson, and City Clerk Rauenhorst. PRESENTATIONS Addresses were randomly selected foe the August "that's Not Trash, It's Cash" Recycling Contest, Public Safety Director k`arlqulst presented the final report of the Task Force on Drug Abuse Prevention Training. The Task Force heard presentations on the D.A.R.E. and Counteract Programs and unanimously supported City participation in a druq abuse program. Director Carlqulst stated that the primary purpose of these programs is to educate children In the elementary grades regarding druq abuse and to teach refusal skills. All but one Task Force member favored the D.A.R.E. Program because of its 7 -year track record and It being a 17 week program, rather than the 4 week Counteract Progrdm. The Task Force also discussed how the program should I%e funded and whether it should be a pilot program or a long term commitment. The group response was split on these issues. Director Carlqulst stated that corporate funding for the D.A.H.E. Program Is available for startup costs including training of officers dnd teaching materials (except police salaries). iM recommended the Council consider the recommendations of the Task Force in the upcoming 1990 budget deliberations. Couneilmember Ricker stated that the Council must still ctanslderr the appropriate funding level, which schools will pdrticlpate, whether a program should he a long or short term commitment, and how It would be evaluated. Fie also noted that alcohol continues to be the primary druq problem for this aye qroup and the program will address alcohol, as well as other drugs, Recvclinq Contest Item 4-A Final Heport of Tdsk Force on Drug Abuse Prevention Trainlny Item 4_p Re;kular Council Meeting 34l y 24, 1989 Page lad The Council thanked Director Carlqulst for originally bringing this issue to the Council, and Councllmember Ricker for serving on thi Task Force on Drug Abuse Prevention Training. Councilmember litur stated that he would like a form signed b) the affected teachers Indicating a willingness to oartlpate and welcoming the program Into the classroom. There must be teacher support In order for the program to be successful. Director Carlquist Indicated he would be working through t1he principals and directly with teachers on the program. Of the A elementary schools In Plymouth, only 4 would be participating in the drug abuse prevention program In 1990. Consent Agenda Councilmember Sisk r:foved Item 9-E, Downtown Plymouth General Consent Development Plan Policy Statement, from the Consent Agenda. Item 5 MOTION was made by Councilmember lltur, seconded by Councilmember Sisk, to adopt the Consent Agenda as amended. Mnttnn carried on a Roll Cal' vote, five ayes. Minutes MOTIOM was made by Councilmember lltur, seconded by Minutes Councilmember Sisk, to approve the minutes of the July 10, 1989 Item *6 regio lar meeting. Motion carried on a Roll Call vote, five ayes. Public Hearings Mayor Schneider opened a public hearing at 7150 p.m. on the suspension or revocation of the off -sale intoxicating liquor license of ;.aulydpp*s liquor Inc. for a liquor las violation of selling to minors which occurred on dune 7, 1989. James Gaulrapp, 4870 Deerwood lane, deserlbec. the efforts taken by his employees to prevent selllnq to minors. He described the June 7 incident and noted the difficulties in as%urinq that sal*s to minors do not foccure Mr. Gaulrapp stated that his store has confiscated .alse ID's and forwarded them to the police department. In response to a question by Councllmember Ricker, Mr. Gaulrapp state+d he has been in business in this location for 5 years. Agenda Regular Council Meeting 361y 24, :989 Page 189 is Mayor Schneider closed the hearing at 7:59 p.m. MOTION Was made by Councilmember Ricker, seconded by Councilmember Vasillou, to adopt RESOLUTION NO. 89-412 IMPOSING PENALTY FOR LIQUOR LAW VIOLATION AGAINST GAULRAPP'S LIQUOR INC., deleting the designatlort of a school d:strict chemical health grogram in Item No. 2. Councilmember Ricker stated that partieipttlnj In a drug abuse should refwa.a at the City level specific school district, since the City will probably be prevention program, the money rather than 9eing donated to a 040110!4 to amend the main motion was made by Councltmember litur, seconded by Cnuncilmember Ricker, to Increase the penalty from 500 to $750. Councilmemher Vasiltou stated reluctarice to increase the penalty at this tlme because this Is a first violation and this business should be -rcated the same as previous first offenders. Counctime•mners Sisk and Ricker also noted that this Is his first viutatlon In 5 years of business. Motion to amend failed, l l t&:r aye, four nays. Main motion carred on a Roll Call vote:, five ayes. Mayor Schneider l pioned the public hearing at S:10 p.m. on vacation of drainage and utility easements on Lots 1, 2, 3 cued 4, Block 1, Elmhurst Hetqhts Addition. No onc appeared. rhe hearing was closed at 9:10 p.m% MIG T I GA was made by Couric i l menhe r Sisk. seconded by Council member lltur, to adopt RFSOLUT ION NO, 99-413 AUTHOHt1ING 1HL VACATION OF ONAINAGF ANO Ul IL I 1 Y L#.SEMENTS, f LMIfURS 1 Hi IGHrS AQUI T ION LorS 1, 2, 3 and 4, BLOCK 1, PARCEL 2i -11S-22-34-0110. Motion carried on a ROIL Call vote, five ayes. Petitions, Requests and Communic•:tions Rod fit l I strom, 12510 Z'Sth Avenue !forth, presented the request of Vhil n ref Glory Church for approval of amended site plan seed ondkttonal use permit for tt,e construction of an .addition the church. The resolution recommended by the Nlann rvi Commission and staff provides for a brick exterior trecitmisvt of the addttion to match the exts•!nq church. W. 0 I1111strom requested that the Council allow ,r dt4v )rdt ive a xicretim Mock exter:.or. Mr. Hillstrom showed slides of stircoundlnq .area is RESOLUTION N0. 89-412 I—MNSINC PENAL fY FFF LIQUOR LAW V13LAIION AGAINST GAULRAPP'S LIQUOR INC. Item 7-4 Rt -SOLUTION NO. 89-413 VACATION 01F F ASk Mt N 1 S T f LMHUdS i IIF IGH i S ADDITION Item 7-H Vision of 1.alory chtsrot Regrlest far %entred Site piall and Clic' Itrnr S-A Regular Council Meeting 3uly 24, 1989 Page 190 buildings, some of which were finished in decorative concrete block. He noted that these were not shown to the Planning Commission. The Council asked why this presentation was not made at the Planning Commission meeting. Dennis Batty, 3319 Mumford Road, the architect, stated he was unaware of the staff recommendation prior to the Planning Commi:asion meeting because lie did not pick lip the stdff report on the item. He stated that the addition will be a combination of brick and decorative concrete block. The gymnasium will be block exterior; the rest of the addition will be brick. In response to a question by Councllmember Vasiliou, Mr. Batt; stated that this change -a sults in a $30,000 - $40,000 savings In construction aiod is needed because the bids were higher than expected. Counclimember Zltdr asked if other cost saving options were considered when the bids came in higher than expected. Mr. Batty stated that two skylights were eliminated from the project and ether cuts were considered. Director Tremere stated that, while the Planning Commissioners did not have the opportunity to view the slides ;resented by Mr. Hillstrom, they are familiar with the area. Councilmember Sisk noted that area industrial buildings are block exterior with one exception, which is brick. He stated that the policy does not specify exterior treatment of buildings, but rather requires compatibility with the neighborhood. The addition does not face the residential area; it faces industrial property. Mayor S: hneider stat %d that the church property Is zoned R -IA, and most of the surrounding structures are older. There may be some difference of opinion of whether the neighborhood includes only the residential area or also includes the industrial area for determ'ning compatibility in this case. Director Tremere stated that the non -brick structures pre -date the Council policy regarding aesthetics and architectural design. Mery Bjerke, 15925 4th Avenue, stated that the church property Is the only R-1 parcel in the immediate area. Even the abutting residentO l areas are higher density. 0 is 0 Regular Council Meeting sly 24, 1989 Nage 191 NOTION was made by Councilmember Ricker, seconded by Councilmember Sisk, to adopt a resolution approving the amended conditlowl use permit and site plan for Vision of Glory Lutheran Church (89052), deleting the requirement for brick exterior on the addition. SUBSTITUTE MOTION was made Counellmember 7-itur, to adopt AMENDED CONDITIONAL USE PERMIT LUTHERAN CHURCH (89052), a: Commission. by Ma) or Schrio ider, seconded by RESOLUTION N0. 89-414 APPROVING AND S(rF PLAN FOR VISION OF GLORY s recommended by the Planning NOTION to aa-nd the substitute motion was made by Heyor Schneider, veconded by Councilmember Vasiliou, to amend Condition No. 2 to read: The site plan shall be amended to specify brick similar to the existing churcn as the extersor treatment of the addition because the painted concrete block finish is not compatible with adjacent neighboring structures and functions." Motion to amend carried, Schneider, Vasiliou, titur ayes; Sisk and Ricker nays. Substit.rtp motion as once amended carried on a Roll Call vote, four ayes, Ricker nay. MOTION was made b: Councllmember Sisk, to CONDITIONAL USF PERKI T GOLF CLUB HOUSE AT 5313 r Councilmember Zitur, seconded adopt RESOLUTION NO. 89-415 APPROVING FOR KENNETH HAMPTON FOR AN ADDITION TO JUNEAU LANE (89049). Motion carried ori a Roll Call vote, five ayes. RESOLUTION N0. 89-414 A N ONAL USE PERMIT ,SND S I TF. PLAN FOR VISION OF GLORY CHURCH (89052) Item 8-A by RESOLUTION NO_. 99-415 A APPROVING CONDITIONAL A USL PLRMIT FOR KENNETH HAMPTON FOR ADDITION TO GULF CLUB 11005E 89049 ) Item "8-B Director Moore reported that the City has received requests for stop signs at 44/45th Avenue and Juneau Lane, 44th Avenue and Harbor Place, and 430 Avenue and Juneau Lane, In addition to requests for traffic speed monitoring, and "Children at Play" signs. He stated that Juneau Lane and 44/45th Avenue are classified as "Minor Collector" streets within the Thoroughfare Guide Pian; therefore, he recommended that an "All Way" stop be established at this intersection. He recommended th,t no further signs be authorized. Stop 314113 at unwarraantc-d Intersections only slow the traffic for a few hundred feet on either side of the sign and Malo violators out of normally law-abiding motorists, as well as creatiny additional noise, fuel consumption, and air pollution. Director Moore reported the results of the radar study done on Balsam Lane. The study found that 70% of the vehicles were traveling at or helow the posted limit (30 mph), and 96% of the vehletes were traveling at or below 35 mph. The study does not lndlcate there is an excessive amount of speeding on Balsam Lane. Regular Council Meeting July 24, .089 Page 192 Kirk Knott, 14400 44th Avenue North, requested placement of a stop sign at 44th Avenue and Harbor Place to slow the speeding on 44th Avenue and reduce the risk of a serious accident. John Rapson, 14405 44th Avenue North, noted the danger of speeding on 44th Avenue because of the many young chl.'Jren In the area. He supported placement of a stop sign at 44th/45th and Juneau, as well as 44th Avenue and Jarbor Place. Piul Martin, 14300 44th Avenue North, suoported a stop sign at 44th Avenue and Harbor Place to slow traffic and assist property owners In leaving their driveways onto 44th Avenue. Bruce Parker, 14625 44th Avenue North, appreciated the staff recommendation for stop signs at 44th/45th 1vefeue and Junesu Lane, but ancouraged the Council to consider the other two requests as well. He stated that the traffic survey was flawed because tt was done with marked squaa vehicles. Mr. Parker stated that speeding is consistently worse that the survey found. These stop signs are neces.eary due to the park/trall access and school bus stop. He cited examples of other minor collectors with stop signs and noted that this action would not set an undesirable precedent. Mr. Parker informed the Council that his counts show 150-240 -;ehlcles per hour on 41.th ,Avenue. Sue Gale, 14325 44th Avenue, stated there were two accidents a week apart at 44th and Narbor. She noted the dangerous location of the school bus stop and one incident of a child almost beinq hit by a pa3sing cat-. Stephan Gale, 14325 44th Avenue, showed pictures or accidents occurrinq at 44th and Harbor and stated that a stop sign at this intersection is warranted. In response to a question by Counciimember Vasiliou, Mr. Gale ottated the dangerous locatlon of the school bus stop his been reported to the school district. Lisa PaSSOlt, 4400 Harbor Lane, stated 44th and Harbor lane is a dangerous intersection, noting scrAeching tires and vehicter passing other vehicles In the interstetlon. Is Jeff Passolt, 4400 Harbor Lnne, stated this Is a very dangerous nelghborhood because of the traffic problem and larQr number of small children, particutarly with the IOcatioll of the school bus stop. Candice Hetno, 4315 Harbor Lane, state' ;he does not allow her children to cross 44th Avenue dui to the heavy, speeding traffIV. Regular Council Meeting, July 2k, 1989 Page 193 Lind.. Nord, Ha n4402HarborLane, stated concern of her children using the 44th Avenue and Harbor school bus stop because of the speed of the traffic. Gary Dechaine, 4405 Glacier Lane, noted his can^ern !or the children crossfng the street at 44th Avenue and Harbor Lane, Randy Ouast, 4370 Juneau Lane North, urged the Council to consider installation of stop signs at all throe roque -•ed lntmrsectiocs. lie questloned the validity of the traffic study conducted d noted that this area provides access to Turtle Lake Park, Councllmember Vaslliou stated she had viewed -ery heav, traffic In the arta. Shy suyaested that the Thoroughfare C.,lde Plan may not contemplate the two to three var family. She suggested stop sign lnstnliatton at all threes Intersc tions ford six month period a:id then evaluate. MOTION was made by Councllme.mber Vaslliou, seconded by Councilmember lltur, to adopt a resolution authorizing Installation of ,too signs at 44/45th avenue anti Juneau Lane, 44th ,Avenue and Hdrbor Place, and 43rd Avenue and Juneau Lane, through December 31, 1989 with e%-aluatlnn at that time. Mayor Schneider questlonad whether stop signs should be Installed on a temporary basis. He stated that stop sign Installation at the 44/45th Avenue and Juneau Lane intersection Is justified because of the park atntrance. Stop signs could be authorized for this intersection with review to determine the imFsct and consider if more are net-ded. SUNSTIIUTE: MOTION was made by Couneilmeml.er Ricker, seconded by Councllmember tltur, to adopt RESOLUTION NU. 89-416 INSTALLATI00; OF STOP SIGNS AT 45TH AVENUE/44TH AVEhdk AND JUNEAU LANE, :.4TH AVENUE AND HARBOR PLACE, AND 43RD AVENUE AND JUNEAU LANE. Councilmember Sisk stated that a crosswalk or "Child Crossing" sign may also be necessary near the entrance .o Turtle Lake Park. Substitute motion carried nn a Roll Call vote, roar ayes, Schneider nay. Susan Field, 4985 Balsam Lane, eLatftcl that the traffic study conducted by the police o..partment at Balsam Lane and 49th/50th Astenue North was not d repr,sentativP sample of dally traffic. The survey was e-;,nlucted on July 3 and 5, near a holiday, and was not conducted during the rush hours. She statAd th..L 59 ch.110%en will be using the bus stop at thli Intersectinn this fall and the trart to is very dangerous. RESOLUTION N0. 89-416 AUTHURIIING INSTALLATION OF STOP SIGNS Item B -C- I Regalae Cwjwll Meeting OUIy 24, 1969 Page 194 ark Yuccas, 4935 Bal.am Lane, stated he had clocked one vehicle going 51 mph on Balsam L-*ne. The neighbor -ti have conducted a study a' the traffic and know it Is a problem. Mavor Schneider agreed that the police study is not an accurate sample of the tru:tfic. He suggested additional study. NOTION was made by Councilmember tltur, seconded by RESOLUTION N0. 89-4•f Councilmember Vasillou, to adopt RESOLUTION NO. 69-417 ' TNSTALLATIOr1 OF STOP SIGNS AT BALSAM LANE AND SOTH AVENUE NORTH INtTALLATION OF ST(Nn AND BALSAM LANE ANO 49TH PLACE NORTH. SIGNS Item 8-C-2 Councilmember Sisk noted there are only six lots between the intersect ons of 490 Place and 50th Avejvue, and questioned if two signs are really needed. Susan Field stated that 50th Avenue Is a feeder street and 49th Place #ontalns a hill and curve causigg vtslhtlity problems. She Pelt both are needed, Notion carried on a Roll Call vote, tour ayes, Schnobider nay. MOTION was made by Mayor ;n,hne;der, !eeonde:i by C,ninc:ilmember Zitur, to direct staff to :stdlyze :he policy governlny stop slgn Installation and the rationale and criteria for considering stop sign requests. Motion carried, five ayese MOTION was made by Mayor Sclnelder, seconded by Councilmember Intersection Sight Vaslliou, to direct staff to alleviate the sight obstructiun Obstruction caused by weeds at the northwest corner of 45th Avenue and Lanewocd ianee Motion carried, five ayes. MOTION was made by Councilmember titur, seconded by RFSOLUTIOIN N0. 89-416 Councllmember Sisk, to adopt RESOLUTION 110. 89-419 APPROVING PUD WROVINC PUI) FINTI FINAL SITE PLAN FOR STEVEN HOYT COMPANY 89051) (MPUD yl -1). SITE PLAN FOR STEVEN HOYT CO. (89051) Motion carried on a Roll Call vote, live ayes. MPU1) 81-1) Item *8-D MOTION was made by Councilmember 11tur, seconded by RESOLUTION N0. 89-419 Cotmcilmember Sisk, to adopt RESOLUTION N0. 89-419 AUTHORIZING RELEASE Of SITE WLEASE OF SI 1 E PERFORMANCE: GUARAN TI:L FOR FRE EMANS, INC.. FOR PERFORMANCE -00AMAN IFF. PI ITT SHELARD (87116). FOR FRE'EMANS INC. 87116) Notion carried on a Roll Call vote, five ayes. Item *44•1 C7 Regular Council Meeting My 24, 1989 Page 195 MOTION was made by Councitmember Counctimember Sisk, to adopt RESOLUTION RELFASE OF SITE PERFORMANCE GUARANTEE OESICN (88113). Iltur, seconded by N0. 89-420 AUIHORIIINC FON GARY HLEUM FOR PRO Notion carried on a Roll Call vote, five ayes. MOiItON was made by CnunciI me.mber Zttur, seconded by Councllwe.mber Sisk, to adopt R; -SOLUTION 140. 89-421 AUTHORIIING RFLE.ASE OF SITE PERFOR'IANCE CUARAWFE FOR ALLIED PLASTICS, INC. 86137). Motion carried on a Roll Call vote, five ayes. NATION was made by Councilmember Iltur, seconded by Counctlmember Sisk, to adopt RESOLUTION NO. 89-422 AUTHORII.INC RELEASE OF SITE PLRFORMANCE GUARANTEE: VON KRAUS-ANDF:HSON CONSTRUCTION FOR MOUNT OLIVET LUIHERAN CHURCH (87003). Nlotton carried on a Roll Call vote, ftvr ayes. MOTION was matlf• by Councllmember Lltur, seconded by Councllmember Sisk, t%; adopt RESOLUTION NO. 99-423 AUT11OR&IING RE LLASL OF S I1L KRFORMANCr. CUARAN It L F OH VANMAN CONS TtiUC I ION FOR S T . BARNABAS L UI W HAN CHURCH AeNotion carried on a Roll Call vote, five dyes. MOTION was made by Counctlmember Counrtlmember Sisk, to adopt RESOLUTION REDUCIIUN OF SITE Pt.HFORMANCE GUARANTLE FOR MALLARD POINT (87110). 11tur, seconded by N0. 89-424 AUIHOHIIINC FOR UNITED PHOPtHTIES Motion carried on a Holt Call vote, five eyes. MOI YIN w•is made by Counc 1 !member 1 E tur, seconded by Counc!tmember Sisk, to adopt RESOLUTION NO. 19-425 TRAFFIC S !CaNAL AGNUEMEN 1, COUNTY dOAD 6 AND F ERNIIROUK LANE , CITY PROJECT N0. 25(1. Motluvi carried on a Holl Call vote, fives ayes. MOTION was made by Counc l Imember 1 t t%jr, seconded by Councllmember Sisk, to idopt HFSOLUIION N0. 89-426 ORDIRING PUBLIC HEARING ON THE. PHOPOSIU VAC.AI ION OF A'1 t ASF Mt NT t OR HOADWAY, DRAINAGE AND UTILITY t ASt Mt NT S AND DRAINAGE E ASt.Mt N IS FOR PONDING PURPOSES, OUTLOT U - WILD WINGS 2ND ADDITION. Motion cdrrle'd on a Roll Call vote, five ayl s. 0 RESOLUTION N0. 89-420 NFLF,ASE OF SITE PERFORMANCE GUARANTEE. FOR GARY HLEUM (88111) Item *84-61 RESOLUTION N0, 8 9-421_ RELFASr OF Sift PEHi ORKANCE GUAHAN TF:E. FOR ALLIED PLASTICS INC. (86137) Item 48•E-3 RUSOLU;ION NO. 89-422 L S S r PERFORMANCE UUARANTEt FOR MOUNT OLIVE.T L U IRFRAN CHURCH 37003 ) Item 08-E:-4 RESOLUTION N0. 89.429 HE:LFASE Of SITE PE RF ORMANCI. GUAR -M 11 E_ rON Sf . HARNAHAS LU;Ht=RAN CHURCH 86108) Item •84-5 RESOLUTION N0. 89-424 RIDUCI or SIM PERFORMANCE_ GU.ARANTLi.. FOR UNITFD 11NOPERIIFS 871 n) Item ".4-F RESOLUTION N0. 89-421 THAF f IC SIGNAL AGHLfWl I , COUNTY ROAD 6 AND FLHNHROOK LANE PR01 CT N0. 250 Item '8-C RESOLUTION N0, 149-426 lumiNc HrANioON VACATION OF L ASI -Mt N I S IN WILD WINGS 41H AUDI I[ON Item •H -H I. 0 Regular Council Meeting aaly 24, 1989 Page 196 MOTION was made by Counclimember titur, Counclimember Sisk, to adopt RESOLUTION N0. PLANS AND SPECIFICATIONS, 25TH AVENUE TRUNK PROJECT NO. 908. Motion carried on a Roll Call vote, five ayes, seconded by 89-427 ONDERIeo V13ERNAIN9 CITY MOTION was made by Councilmember Zitur, seconded by Counclimember Sisk, to adopt RESOLUTION NO. 89-428 RECEIVING PETITION AND ORDERING PREPARhi:ON OF PRELIMINARY REPORT, 'fTH AVENUE FROM RANCHVIEW LANE EAST TJ SHENANDOAH LANE, RANCHVIFW LANE - 4TH AVENUE TO 71H AVENUE, STREET AND STORM SEWER IMPROVEMENTS. Motion carried on a Roll Cali vote, five ayes. MOTION was mate by Courcllmember tltur, seconded by Counclimember Sisk, to adopt RCSOLUTION N0. 99-429 REDUCING DEVELOPMENT BOND, CEDAR RIDGE PLAT TWO (A-813). Motion carried on a Roll CAll vote, five ayes. MOTION was made by Coustel lmember 1 I tur, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 89-430 REDUCING DEVELOPMENT BONI), WEST MVDICINE LAKE TFRRACE (80008). Notion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember tltur, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 99-431 REDUCING DEVELOPMENT BOND, Ht:RITAGF WOODS ESTATES ADDITION (89008). Motion carrted on a Roll Call vote, five ayes. MOTION was made by Councilmember 11tur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. S9-432 APPROVING CHANCE ORDER N0. S, CONSIHUCTION OF FIRE STATION Noe III, CITY koji-C T NO. 61 s, Motion carried on a Roll Call vote, five ayes. MOIIUN was made by Councilmember lltur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 49-4)3 HFCF[VINC PVT111ON AND ORDERING PREPARATION OF PRELIMINARY REPORT, ISTH AVkNUk - SimtLI IMPROVEMENTS, CITY PROJECT N0. 945. Motion cdrrled on a Roll Call vote, Pl'*e ayes. RESOLUTION No. 89-427 RE V NC PRELINIRWARY FWjINEER!NG REPORT AND ORDCRINC PLANS FOR PROJECT N0. 908 Item *8-! RESOLUTION No. 99-428 HFCEIVINC MUMAND ORDERING PRELIMINARY ENCINCER INC REPORT F oR PORTFON OF 9TH AVENUE: AND RANCHVIEW LANE tem *8-J RESOLUTION N0. 89-429 REDUCING Dt.VLLOPMt Nl BOND, CEDAR RIDGE PLAT Two (A-813) tem *8-K-1 RESOLUTION N0. 89-430 RF.D"UC1 G DEVELOPMENT BOND, WEST MEUICINI LAKE ILHRACE (800(%8) Item *8-K-2 RESOLUTION N0. 89431 PF(WfWC Df i L ME N HOW, HER I 1 ACE WOODS LSTITFS ADON. (59008) Item *8•-K-) RESOLUTION 110. 8r-43? CHANE ORDER N0. MIR FIRE S TAT ION N0., III PROXC I N0. 615 Item *S -L RESOLUTION N0. ;1'>-433 Rt. F IV N kXO NV OHDFRINC PRELIMINAHY l NC [ NI t H I NG I* POH I FOR 15111 AVI- e 1MPROVUHt N I S PROJECT N0. 945 Item *8-M Regular Council Meeting Ally 24, 1989 Page 197 MOTION was made by Councilmember Ricker, Councilmember Vaslllou, to adopt a resolution program needs assessment for Fire Station No. Wright & Associate Architects at a cost not to plus reimbursement expenses. seconded by authorizinq a I by Trossen exceed $5,800, Councitin mber Vaslltou asked what items would be covered under reimbursement expenses. Manager Willis stated expenses would include reprodwiction of archi6ectural drawings. NOTION was made by Counctlmember Vasillou, secoeided by Mayor Schneider, to table this item until reimbursement expenses are specified. Notion filled, Vaslltou and Schneider ayes= Stsk, Ricker, and titur nays. SUBSTITUTE MOTION was made by Mayor Schneider, seconded by Councilmember SisK, to adopt RESOLUTION N0. 89-4)4 FIRE STATION N0. 1 NEEDS ASSESSMENT at a cost not to exceed $5,800, plus reimbursement expenses 110L to exceed S;00, Sub-titute motion carried on a Roll Call vote, five ayes. Staff was contractso directed to specify reimbursement expenses in future In response to a question by Counctlmember Vaslllou, Finance! Director Hahn stated the audit cost this year was approximately 21,500. MOTION was made by Councllmember Sisk, seconded by Counclimember Ricker, to adopt RESOLUTION NO. 89-435 AUrHORI1ING THE MAYOR AND CITY MANAGER TO ENTER IN rO AN AGREEMENT wl ell CHARLES HA Il. LY A COMP 1NY FOR 1939 AND 1990 AUi)I T ING SERVICES. Mutton carried „n a Roll Catl vote, four ayes, Vasilluu ndys MOTION was nude by Counc t !member t i tur, seconded t,;# Councllmember Sisk, to adopt ORDINANCE N0. 89-23 -AMENDING SuBsccriuN 1j10,.11, RUBOIVISION 29 ItCLATINC TO NARKING REGULATIONS, amendment relatlnq to towlny contractur3. Motion carried on a Roll Call vine, five ayes. RESOLUTION N0. 89-434 S LEFIONOFCCONSUL - TANT FOR FIRE S rA r ioN N0. I NLEUS ANALISIS Ittm S -N RESOLUTION NO. 89-4)i A ARF TI f CONTRACr FOR 1989/1990 Item 8-0 ORDINANCL N0. 89-23 AM i -CITY CODE HLLATINC r0 TOWING CONTRACrONS Item .8_N Regular Council NeetinN July 24, 1)89 Page 198 NOTION was made by Councilm Aber F1tur, Seconded by RESOLUTION N0. 89-436 Cnuncllavmber Sisk, to adopt RESOLUTION N0. 89-016 APPROVINC APPROV IRE'Va UN - D1SOURSENI:NTS FOP! THE PERIOD CHUM JUNE 30, 1989. fWNTS FOR PERIOD UNDINC 6-30-89 Motion carried on a Roll Call vote, five ayes. Item "8-0 Manager Willis recommended that the Council cdopt proposed budgets and proposed levies !or the purpose of attempting to comply with the intent of the 1988 tax bill. This will protect the City against the potential downside risk of falling to meet the requiremen*v of the truth In taxation portion of the bill. Counellmember Sisk stated he will be watchlnq carefu.ly during budget deliberations to attempt to lower the city portion of the Individual property owner's tax bill. NOTION was made by Councllmenter Sisk, seconded by Counctimemlher RESOLUTION N0. 99-437 l t tur, to adopt RCSOLUT ION N0. 89-437 PROPOSED PRwLR f Y fix HOPOSt n PROPERTY felt LFVTFS rOk ' kXi*S PAYABLE IN 1990. Lt: V IF S 1 OH T AXL-i PkYARL1. IN 1530 Mottos carried on a Roll Call vote, five ayes. Item 9-1 MO ION w.: s made by Counc 1 ime myer Sisk, seco-eded by Coune l lmrmber RI SOLO I ION NO. 89-414 tltur, to adopt KSOLUTION N0, 89-438 ADOPTINC 1990 PU O."fS. AJOAT NSG f OPOSfb i9go NUDCt Is Motion carrlpd on a Roll Call vote, five ayes. Item 9-A ke Council reviewed a proposed po l lel. rtyardinq preservat tc of free Pies rvat loi trees on new development sites. Polley Item 9_0 Bob HLryer appeared ort behalf of the Dave lopment Council request.liy several chanyes to the proposed policy. He stated tt.at the 5" diameter requlrenwnt in Item Nu. 2 should he lnere ased to a 12" diameter. This would reduer the cost of sorveylny and ldentifylnq rach rose and would not have a negative Impact a- tree% require some thins *tiy anyway. Mr. Huryer also :•r4u0steAd that "weed trees" such .is hat deters, h.esswoods, acid alms he excluded from the requirements. Park Suherintiiident tree is %aluahle reft-rerce to "weed MOTION was Vas IIIOU, policy to dee: t duo . s . m.ide by to 811 amend for Peterson stated that he believes that 5" aniT should he savro, ind quest limed the trees." Mafor Schneider, secondee: by Cuunellmemher Item ? of the, proposed trey preset 4i.1011 h.irdwoud devidtious ars i I " for softwood Motion carried, Schneider, Ht(-ker, Vast i l+iu aye Slsk .enol l ltur nays. C7 0 noqular Council "acting Ady 240 190 Page I" MOTION was made by Mayor Schneider, sa*condtd by C'ouncl!member 21tur, to amend Items 2 of the proposed policy to read long-lived" hardwood, to address elms: Notion carried, five ayes. Rr. Burger suggested that the definition of the construction tone be expanded to include utility easements and street right-of-ways. Director Tremere stateo that the street right-of-way would never be In the tree saving zo«e. Mayor Schneider stated that the Council tecognIze,! the definition of the construction cone could provide for a very limited area In some cases. Mr. Burger stated he had no objection to the surveying costs with the limited definition of "c_.....&•uction =one." He requested that the proposed punitive fine of $200 per diameter inch be reduced to $50 per diameter Inch. Mr. Burger stated that this amoisnot greatly affects the Indemnity required. Mr. Peter Pflaum stated that $SO per diameter inch Is more In line wl%-. current costs for tree replac%ement wtw., buying in bulk. Councilmember Sisk stated that the fine is harsh as a penalty to the builder or developer. Councilmember Vaslliou stated that the policy may he discriminatory to the small builder who is unable to obtain the required Indemnity amount on a large project. W rector Tremere noted that the liability of the developer and builder has been separated. 'he builder Is not responsible for teee removal after the final Inspection and occupancy oceoors. Staff has spoken with financial institutions relative to obtalnlnq the required letters of credit for the Indemnification by developers and It does not appear to be a problem. MOTI0H was made b) Councilmembe•r 11tur, seconded by Mayor Schneider, to amend the proposed policy to lnclode a penalty of 100 per diameter inch In Sections 10 and 21. Motion carried, four ayes, Sisk nay. Mr. Pflaum and Mr. Burger off3red a number of possible scenarlos which could occur. The Council Indicated that It would consider unusual circumstances on a case-by-case bask. Regular Council Meeting duly 24, 1989 Page 1.00 MOTION was Counellmember reflect that placed in the 1 made by Couneilmember :Acker, seconded by 2ttur, to amend Section 23 of the policy to all monies collected urJer the policy shall be General Fund. Notion carried, five ayes. e. Burger proposed, for Item 240 that binding arbitration be considered. Councilmember Vasillou agreed. MOTION was made by Councilmember Ricker, seconded by Counctimember tttur, to adopt RFS(P 4TION 90. 99-439 POLICY REGARDING PRESERVATION OF TREES ON re f DEVELOPNEN1 SITkS, as amended above. Notion carried on a Roll Call vote, five ayes. In response to a question by Counclimember Sisk, Director Tremere stated that the adopted resolution provldcs for Incorporation of Identical conditions for tree preservation for multi -family, commercial, and industrial properties, with the existing policy, Resolution 81-273, The Council reviewed Project Status Reports, including a Summary of Notification for Eroslon Control. Councllmember VastIU.i stated that the extstinq penalty is not preventing enntinued violations of the erosion control policy. Mayor Schneider suggested a ogressive penalty. The Council discussed erosion problems on the project. Director Moore stated that this obligation and was not written Into the obligation for the contractor. MOTION was made by Councllmember Sisk, seconded Vaslliou, to Instruct staff to hold the City to control .standards as any other contractor, and provisions In all applicable contracts. Ftee 0.1tation III was the City's contraeL as an by Councilmember the same erosion 0 Include those SUl1SIITUIL MUTTON was made by Mayor Schneider, seconded by Councllmember litur, to direct staff to hold the City to the same erosion control standards as any other contractor, but not require that it be contdlned In all contravts. Sobstitute motion failed, lltur aed Schnstder dyes; Vasiltou, and Sisk nays. Or!gtnal mAlon carried, five ayes. Nicker, RESOLUTION N0. 89-439 RESERVATIONTREE POLICY ON NEW DEVELOPMENT SITES Item 9-8 Project Item 9-C Status Reports krostun Control RegRrlar Counc i 1 Heating 3sl y 24, 1909 Pow 201 Finance Director Hahn presented the 1989 second quarter fliuncial report. "e reported that notice has been received from :he Metropolitan Waste Control Commission of an 11.9% sewerage treatment charge increase. Including increased volume, the charge Increase will be 1%.7% for 1940. MOTION was Counciimember Reports made by titur, to Notion carried, f lvt• ayes. CouncllmrMber Ricker, seconded by accept the second quarter Financial MOTION was made by Mayor Schneider, secundtd by Councilwmber Rleker, to accept the second quarter Insurance Claims Report. Motlon carried, five ayes. The Council reviewed the quarterly report on pending litigat0n. Councilmember Sisk asked whether the ddministrative policy regarding PUD Development Plan for Downtown Plymouth contains any change from current practice. Manager Willis stated that this written policy was drafted at Souncit request and outlines what has been, and continues to be, the City's procedure for responding to development Inquiry. Councllmember Vaslllou 3tate•1 that whether or not a development proposal meets the standards, the Council should be made aware of It. She stated t kat there are developers that perceive it is a problem to go forward with certain proposals, out she did not wish to Identify those developers or they problems they encountered. Director Tremere stated ne Is not aware or any situations where a dAveloper has been dissuaded by staff from stabmittlnq d proposal. Manager Willis provided 3n update on legislative actlons taken in the 1999 session. Further information on the process for changing from a S to 7 memhhcr City Connell wll? be provIdeJ In the Information Memormidum, Second Quarter i-lnancial Report Item 9-0-1 Insurance Claims Report Item 9-0-21 Pending Civil LitigAtion Item 9-0-3 Policy !statement - DuwntuUn Plymouth General :levelopment Plan Item 9-U Leglslative Update Item 9-F Staff was dlrectet. to combine inJlvl.ival Council cota,looits 1990 HudrIet Priorities submitted on 1990 but, t Nrlaritles Into one document for review Item 9-N by Council. I 11 Regular Council Meeting July 240 1989 Page 202 In response to a question by Councilmember Vasillou, Manager Willis stated that staff is inve%tigat'_nq the complaint received from the Tiberon Homeowners Association and will respond. Manager Willis briefed the Council on the status of barrels found In the bottom of Medicine Lake. When the City was notified that the barrels were found, the PCA was notified. They in turn notified the EPA who will now attempt to raise the barrels to determine the content. Manager Willis stated the City is not aware that any hazard exists. Staff was directed to investigate the reason for the high Incidence of airplane traffic over Plymouth on Sunday, duly 23, starting at approximately 6:30 a.m. The meeting was adjourned at 12:25 a.m. 40 t• y Clerk ' '-- Tiberon HOA Complaint on Park Users Barrels in Medicine Lake Airplane Traffic