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HomeMy WebLinkAboutCity Council Minutes 08-21-1989Y L. . MINUTES REGULAR COUNCIL MFETTHC August 21, 1989 Following the Forum, the regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:38 p.me in the Council Chambers of the City Center at 3400 Plymouth Boulevard on August 21, 1989s, PRESENT: Mayor Schneider, Councilmembers Ricker, Sisk, Zitur, Vasiliou (left the meeting at approximately 10:45 p.m.) ABSENT: None STAFF PRESENT: PRESENTATIONS Assistant Director Tremere, Attorney City Moore, Public Thomson, Manager Boyles, Public Works Community Development Director Safety Director Cariquist, and City Clerk Rauenhorst Mayor Schneider and Public Safety Director Carlquist presented Certificates of Appreciation to Steven Schue, Da i_1 Donahoe, and Randall Lewis for their commendable response to an industrial accident at Creative Carton on July 31. Mayor Schneider presented a check in the amount of 51,100 to Juliana Bforklun d, winner in the "Ites Not Trash, It's Cash" recycling contest. Addresses were randomly selected for the September contest. CONSENT AGENDA Items 8-A (Ryon Construction requests), 8-F-3 and 8-F-4 (Site Improvement Guarantee Reductions) and 8- 11- 1 (Development Contract Bond Reduction) were removed from the Consent Pgenda. r MOTION was made by Councilmcmber Sisk, seconded by Councilmember Zitur, to adopt the Consent Agenda as amended. Motion carried on a Roll Call vote, f 1 % : j,. -'s. MINUTES Certificates of Appreciation for Accident Respon...e Item 4-A Recycling Contest Ttem 4-R Consent Aqenda Item 5 MOTION was made by Councilmember Sisk, seconded by Councilmember Minutes Iltur, to approve the minutes of the August 7, 1989 regular Item *h council meeting. Motion carried on a Roll Call vote, five ayes. Regular Council Meeting August 21, 1989 Page 213 PUBLIC HEARING 0 Mayor Schneider opened a public hearing at 9:47 p.r. on vacation of easements in Wild Wings 2nd Addition. No one appeared. The hearinq was closed at 7:47 p.m. MOTION was made '•y Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89--463 AUTHORIZING THE VACATION OF AN EASEMENT FOR ROADWAY DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENT FOR PONDING IN OUTLOT D - WILD WINGS 2ND ADDITION. Motion carried on a Roll Call vote, four ayes; Vasiliou nay. PETITIONS, REQUESTS AND COMMUNICATIONS MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 89-464 APPROVING MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT FOR RYAN CONSTRUCTION COMPANY FOR ROCKFORD ROAD PLAZA (89014) with the addition of Condition No. 15: "Because of the siting of the building, site plan shall inclOode effective means to screen loading and other service areas facing County Road 9 and West Medicine Lake Drive. Such mean! mast include predominantly landscape methods and not fencing," and Condition No. lu: "Because of the sitinq of the building, architectural treatment of the south and east elevations (facing County Road 9 and West Medicine Lake Drive) shall include special measures to reduce the impact of twildinq wall mass." Bill McHale, 900 2nd Avenue, Minneapolis, representinn Ryan Construction, stated that because of the elevation of the site as it relates to County Roud 9 and 61, landscaping will be minimal. The anchor tenant's building will be eat-th tone brick rather than gray -white block as originally considered. Mayor Schneider stated the Intent of his motion is that visual. Impact of the building mass should be softened. Councilmember Vaf-l.liou expressed disappointment in Condition No. 13 that the City will notify the developer if additional parking is needed. She stated that any business would attempt to mitigate its own problem and the City is singlinq out this particular developer by Including this .:ondition. Director Tremere stated the developer requester! to defer Installation of 80 required parking spaces. Condition No. 13 assures that the deferred parking will be added If it is needed as determined by the City. RESOLUTION N0. 89-463 VACATION OF EA EMEN S IN WILD WINGS 2ND ADDITION Item 7-A RESOLUTION N0, 89-464 APPROVING HIM USE PUD PREL. PLAN/PLAT FOR RYAN CONSTRUCTION COMPANY FOR ROCKFORD ROAD PLAZA (89014) Item 8-A i Regular Council Meeting August 21, 1989 Page 214 Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to adopt ORDINANCE NO. 89-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE. TO CLASSIFY CERTAIN LANDS (Rockford Road Plaza). Motion :arried on a Roll Call vote, five ayes. NOTION was made by Mayor Schneider, Sisk. to adopt RESOLUTION NO. 89-465 NET PRIOR 'f0 PUBLICATION OF ORDINANCE THE ROCKFORD ROAD PLAZA LOCATED AT COUNIY ROAD 9 AND I-494 (89014)0 seconded by Councilmember SETTING CONDITIONS TO BE REZONING LAND LOCATED IN THE NORTHEAST CORNER OF Notion carried on a Roll Call vote, five ayes. Director T;emere presented a staff report on the request of Ha rstad Companies for amended RPUD Preliminary Plan/Plat and Conditional Use Permit and request for a temporary sales orfice for Lake Camelot Villas at the northeast corner of Yucca Lane and County Road 47 (89044). Director Tremere explained that two Issues were :alsed by the petitioner at the Public Heartnq concerning this plan amendment. The RPUC depicts construction of a portion of the ;internal private street system at a width of 20 feet. A portion of the street is also proposed to be at a width of 26 feet. The petitioner maintains that the street dimensions propo%ed are consistent with the PUD section of the Zoning Ordinance. The City F_nyi.-,seer recommends all private streets be 26 feet in width. The petitioner also believes that the fire hydrant spacing provisions of the City Code result in an excessi%e number, of fire hydrants in this situation. As in all P!.SD preliminary plan amendments, this action requires a '/5 vote of the City Council for apprnval. Ken Briggs, 1900 Silver Lake Road, New Brighton, Introduced :lohn C. Oohnson, Mer Q a & Associates, the Project Engineer. Mr. Johnson reviewed the request for a temporary sales office. He showed the plan for fire hydrant placement proposed by the Fire Inspector. The plan showed some of the hydrants close to each other - some *(thin 30 feet. He stated that the option of installing a fire lane around the structures In lieu of this number of hydrants Is not fearibie .pith the proposed project design. The third option, sprinkler installation, is not economically feasible. He stated that application of the fire hydrant spacing provisions of the City Code is riot reasonable In this situation. ORDINANCE NO. 89-24 REZONMG-ROPERTY YN ROCKFORD ROAD PLAZA NE CORNER OF C.R. 9 b I-494 (89014) Item 8-A RESOLUTION N0, 89-465 SFTTING CONDITIONS76 BE NET PRIOR TO PUBLICATION OF ORDINANCE N0. 89-24 Item S-A Request for Amended RCUD Prel. Plan/Plat and CUP for Harstad Companies 89044) Item d -B Reqular Council Meeting August 21, 1"9 Page 215 Mr. ?ohnson stated that the projected traffic is well below that used by the Engineering staff In determining the need for 26' wide internal streets. The overall impact of a 26' wide street rather than a 20' wide street is not bene?iclal. The additional asphalt will reduce the green space, Increase the impervious surface, and increase project costs. Public Safety Director Carlquist reminded the Council that the fire hydrant provisions were written in conjunction with the Development Council. He introduced Fire Inspector Kevin Leuer. In specter Leuer explained tot the ordinance requires a fire lane within 50' of all sides of the structure unless all exterior and interior portions of the structure are within 150' of a hydrant or a sprinkler system is Installed. The number of hydrants Indicated on the plan are necessary to meet the 150' code requirement. This is to ensure two water sources are available for all locations and is reasonable based on the site and placement of the townhouse structures. Councilmember 11tur stated he would not vote for reduced street width. Fire Inspector Leder stated that the 26' width Is needed for emergency vehicle access. Mr. Briggs stated that if the Council is going to require a strict interpretation of the fire hydrant spacing provisions, they could abide with that; but the Council should also then allow the 20' street width which is consistent with ordinance criteria. The private streets will be posted "No Parking." Mayor Schneider stated that application of the fire hydrant placement ordinance may appear unreasonable in this situation because It results in several hydrants directly across the street from each other. However, there is rarely sufficient parking in these types of developments, and on -street guest parking Is common. The 26' width is needed. Councilmember Ricker agreed. Director Moore stated that the 26' requirement results from projected traffic generated from these type of units and parking on one side of the street. There is very little space for overflow parking and 26' Is needed to maintain traffic movement In both directions. Since it is o private street, there would be no City .involvement in the No Park big provision. Councilmember Vasillou agreed that the 26' street is abscrl.itel.y necessary. Regular Council Meeting August 21, 1989 Page 216 NOTION was made by Council miember Sisk, seconded by Councilmember Zltur, to adopt a RESOLUTION APPROVING AMENDED RPUD PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR HARSTAD COMPANIES FOR LAKE CAMELOT VILLAS (89044)0 Notion to amend the main motion was made by Cuuncilmember Ricker, secondee! by Counclimember Vasiliou, that where two fire hydrants are within 3:• of each other, one can be deleted. Motion to amend carried, Ricker, Vasiliou, and Schneider ayes; Sisk and Zitur nays. Main Motion as once amended failed due to a lack of a four-fifths vote= Ricker, Vasiliou, and Schneider ayes; Sisk and Zitur nays. MOTION was made by Councilmember Sisk, seconded by Counc!lmember Zitur, to reconsider the item. Notion to reconsider carried, five ayes. NOTION was made by Councllmember Zitur, seconded by Councilmember Sisk, to adopt RESOLUTION N0. 89-466 APPROVING AMENDED RPUD PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR HARSTAD COMPANIES FOR LAKE CAMELOT VILLAS (89044), as presented with no changes. Notion carriod on a Roll Call vote, five ayes. Director Tremere reviewed the Council's pollry on review and approval of Sketch Plans. He stated that staff found the revised Sketch Plan submitted by Lundgren Brothers to generally respond to the directions of the Council with regard to open space added to the south central area of the development. relocation of the north/south road that intersects County Road 24 to a point easterly of the wooded area and avoiding the wetland; and meeting with she City of Medina to dlscuss alignment and dedication of right-of-way for Brockton Lane. The amended Sketch Plan does not adjust the alignment of proposed 34th Avenue North to maximize its curve in order to minimize speeding. Terry Forbord, ^15 Brothers, requested to the Sketch Plan Brockton Lane and Sathre-Bergquist, l questioned sLreet ai 0 East Wayzata Blvd., representing clarification of a for property north Xanthus Lane Inc., presented cess to the City a number oV issues of County Road 24 89021). Rick list o" issues of Medina. Lundqren relating between Sathre, and he RESOLUTION NO. 89-466 APPROVING RPUD PRELe PLAN/PLAT AND CUP FOR HARSTAD COMPANIES FOR LAKE CAMELOT VILLAS 89044) Item 8-B Sketch Plan Request by Lundgren Bros. Item 8-C Regular Council Meeting August 21, 1989 Page 217 Director Moore stated that the City of Medina does not 77, -.Pt the extension of Brockton Lane north from County Road 24, but would like residential streets extended to provide service from the City of Plymouth to Medina. Director Moore recommended that the approval of the sketch plan include a condition that there be no etreet connection accross the city 11mits Niue to the additional traffic which wood be generated thr.49h this residential area. The staff recommendation is that 34th and 32nd Avenues not be extended to the Medina city limits$ Mayor Schneider agreed that the Intent !s to minimize traffic through Amber hoods, and street access to Medina would increase traffic. Mayor Schneider suggested a "T" intersection at proposed 34th and 32nd Avenues with construction of a connecting north -south street. No Counclimembers supported ,,N street access to Medina through this area. Mr. Sathre stated that the Sketch Plan has not been amended to Increase curvature of proposed 34th Avenue North i:-1+.rected by thu Council because the developer fee! r. the of lgindl plan Is feasible. Mayor Schneider stated than the Council has indicated its views on the sketch plan and it +„ too early in the process to provide further direction. Mr. Sathre asked if the proposed project concept and neighborhood type Is pleasing to the Council. The PUO will allow the developer to set aside open space and wooded areas, and proposed, non -required ponds will protect and enhance the water quality. Active play space will be provided. Lots of 75' width are proposed at the front setback line, similar to Steeplechase development, with reduced side yard setbacks of 6' and 9' and front yards of 251. Proposed density is 1.6 dwellings per acre. Councilmembers Ricker and Vasiliou noted that this is a early stage and many of the questions asked by the developer, such as street width and setbacks, cannot and should not be addressed omnil a formal detailed application Is made. O-iyr.r Schneider agreed that specific density should not be ad%Iressed at the Sketch Plan stage, since the Land Use Guide Pian has the densities for the various classifications. Councilmember Sisk stated that it is his understandlnq the Sketch Plan process is only intended to address the very broad Issues so developers can make land acquisition decisions before City services are available. 0 t LJ 0 Regular Council Mooting August 21, 1989 Page 218 Mr. Sathre stated that there appears to be a conflict in Condition No. 1 of the proposed resolution. Director Moore agreed and recommended that the resolution be amended at Condition No. 1 to reads "Compliance with the City Engineer's Memorandums of June 6, 1989 except deleting Items 7 and 8 and August 17, 1989." He also recommended that Condttlon No. 4 be deleted, consistent with the previous Council discussion that residential streets not be extended into the City of Medina. Mr. Sathre addressed Item No. S of the Engineer's Memo which notes that a store sewer outlet has not been provided for Pond BC -P01. Mr. Sathre stated that the Capital Improvements Program doesn't contemplate a public improvement for an outlet, but from a practical standpoint there Is a minimal amount of water and flooding does not occur. Ne proposed that language be Included to indicate that these facilities will not be required a% a condition of approval of this property's subdivision, nor of building and occupancy permit issuance. Councilmember Sisk stated concern with the language as proposed by the developer. At the Sketch Plan stage It Is unknown what, if any, public improvements will be needed to serve this area when developed. Counclimember Vaslliou questioned whether the Council could make this -Lyisurance when a future Council may hear the preliminary plat reireest. Mayor St4-aelder stated the intent is that per City policy, the run-off tram this property !s not to exceed the existing amount of run-off unless appropriate agreements are made. Attorney Thomson stated this includes amount as well as rate of run-off. Both will need to be addressed at the preliminary plat sta; e. Councilmember Sisk noted an inconsistency hetween Condlttor No. 3 of the proposed resolution and Item No. 16 of the Policy for Sketch Plan review. Director Tremere stated Item No. 16 should be substituted for Condition No. 3 of the resolution. NOTION was made by Councilmember Ricker, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 89-467 APPROVING SKETCH PLAN FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR THE LEDER PROPERTY" with the change recommended by the Public Works Director relative to Condition No. l (8902.1). RESOLUTION NO. 89-467 F`k LUNDCREN BROTHERS FOR THE LEUER PROPERTY 89021) I tem 8 -C U Regular Co..ncil Meeting August 219 1989 Page 219 Motion to amend the main seconded by Council NeNber provided for extension of line* Notion was made by Mayor Schneider, titur, to delete Condition No. 4 which 32nd Avenue North to the west property Motion to amend carried, five ayes. Motion to amend tha main motion was made by Mayur Schneider, seconded by Councilmember tltur, to substitute the language in Item No. 16 of the Policy on Sketch Plan Review for Condi'-ion No. 3, recommended by Director Tremere. Motion tc attend carried, five ayes. MOTION to amend the main motion seconded by Councilmember Ricker, Include that the curvature of Inc --eased to minimize speeding, or to stow traffic* was made by Mayor Schneider, to add a new condition to 34th Avenge North will he other methods implemented so Motion to amend carried, five ayes. MOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember tltur, to add a new condition that prior to submittal of the next (concept plan or preliminary plat) application, staff and developer will review potential problem relating to the rate and volume of drainage water for Possible solution. Motion carried, five ayes. MAIN MOTION as amended four times carried on a Roll Call vote, five ayes. Greg Frank of McCombs, Frank, Roos asked for clarifications relating to the proposAd Sketch Plan for property in the southeast qiadrant of Brockton Lane and Medina Road (89059). May- Schneider stated •i.at tho through this de%olopnw.nt oeAds sj-.eetltng. n nrth-south street proposed more curvature to reduce Counellmember Va3111CU noted that the developer is asking the Council to approve an alternate to the original Sketch Plan that was pro.. ted to the Planning Commission. The Council should rot rev ew the alternate plan until the Planning Commission has reviewed it. U.S. Home Corp./Thompson Land Oev. Sketch Plan for land south of Medina Road and east of Brockton Lane (89059) Item 8-0 u 0 Regular Council Meeting August 21, 1969 Page 220 MOTION was made by Cot.uscilsember Vasiliou, seconded by Couneilmember titur, to deter action on this item and to refer It to the Planning Commission as recommended by staff. Motion carried, five ayes. Bob Worthington presented the request of OPUS Corporation for amended WUO Concept Plan for the Tennant Property at the northwest corner of highway 169 and County Road 10 (89061). Me stated that the interna: loop elp3ign which was previously approved for the Tennant site was retained in the amended Concept Plan. The site is now proposed for multiple users rather than a single user. The Schneider USA facility is in the central part of the development with office -warehouse to the west and north. The extreme northwest portion of the site Is open space, consistent with the previous plan. Mr. Worthington stated that Hennepin County Park System is interested in obtaining the open space. The proposed trail goes from the southeast corner of the development to the north and best to Pike Lake, ultimately connecting with the regional park. The easterly portion of the development will contain several office buildings varying in site from ?our to eight stories. 4W. Worthin4ton stated the major difference between the previous plan acid the amended Concept Plan is in the Introduction of retail support services along the southeasterly portion of the site. Proposed uses are day care center, hotel, and restaurant. Recreational uses are proposed in the northwest corner of the site. The wetlands on the westerly portion of the site will he preserved through deed covenants. He asked the Council to defer consideration of whether the wetland area in the northeast portion of the site should be privately or publ.lcy owned until the platting stage. Mr. Worthington also requested that Items 6 hrough 8 of the proposed resolution be deleted and considered at the time of platting. He noted that the Concept Plan proposes cul-de-sacs that are longer than the ordinance standard, but do not compromise fire or life safety. He requested that a decision on street naming be deferred to platting as well. Due to approvals needed for the Environmental Impact Statement and PCA permits, development will not occur until spring 1990. Cougcllmember Sisk sta.ed concern of the large buildinq mass to the north portion of the site abuttinq residential property. The abutting residential property is in the City of Maple Grove, however, the Council should still consider the impact on the ridences when landscaping and berminq are discussed. Amended MPUD Concept Plan for OPUS Corp. 89061) U Regular Council Meeting August 219 1989 Page 221 Mr. Worthington described their intent for extensive landscaping and screening and proposed a setback e,,s 1751 for bulldingc. and 100' for parking lots along the north portion of the site. Also, no building larger than two stories will be proposed, and loading areas have been proposed for the sides rather than front or rear of buildings so as not to abut the residential properties. MOTION was made by Councilmember Vasillou, seconded by Councilmember Iitur, to adopt RESOLUTION NO. 69-468 APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR OPUS CORPORATION 189061) deleting Conditions No. 6, 7, and S. Councilmember Vasillou stated that OPUS Corporation has been exemplary in conforming to the City Council's desires and the Conditions can be addressed at the platting stage. Director Tremere recone.nded that Condition No. 6 be retained as the Council's option of receiving dedication of park land is left open. NOTION to amend the maln motion seconded by Councilmember Sisk, the amended languaget "...may not dedication requirements." Motion carried, five ayes. was made by Mayor Schneider, to retain Condition No. 6 with be eligible as credit for park MOTION to amend the main nation was made by Mayor Schneider, seconded by CouncIlmember Sisk, to retain Condition No. 7 with added language that the developer may petition the City to have the proposed trails Included In the comprehensive trail plan. Notion carried, five ayes. NOTION to amend the main nation was made by Mayor seconded by Councilmember 1!tur, to retain Condition added language: "The dnvetuper has the opportunity plans and suggest other alternatives." Motion carried, five ayes. Schne 1 tier , No. A with o submit MOTION to amend the main mutton was made by Mayor Schneider, seconded by Councilmember titur, to add a condition: "Compliance with the Engineer's Memo dated August 3, 1989." Notion carried, five ayes. Director Tremere agreed that cul-de-sac lenqth is a plattlwq Issue and described the formal process for stree. name change. RESOLUTION N0. 89-46A APPROVING AMENDED AM CONCEPT PLAN FOR OPUS CORPORATION, 7ENNA147 SITE (8906.1) Regular Council Hooting gust 2.1, 1989 Page 222 Neyor Schneider stated concern of th•4 proposed restaurant as would be located at to tha City. Mre Worthington confirmed would be a Class I restaurant. orientation of the one of the gateways that the restaurant MOTION to amend the main motion was made by flayor Schneider, seconded 6y Couneilmeuber 71tur, to add a Condition: "Site plan.o. or approvals for the parcels that appear to back up to County goad 10 shall be high amenity and heavily landscaped dnd shall not have dumpsters, loading docks, or the like on the rear side. Motion carried, five ayes. MOTION as amended five times carried on a Roll Call vote, five ayes. MOTION was made by CouncllmewA*r Sisk, -teeonded by Councllmember Zitur, to adopt RESOLUTION K0. 89-469 AUTHORIZING REDUCTION OF SIVE IMPROVEIIENI PERFORMANCE GUARANTEE FOR RONALD JECHA FOR PDl 88009). Motion carried on a Ra)II Call vete, five ayes. MOTION was grade by Councli%ember Sisk, seconded by Councilmemher IM!, to adopt RESOLUTION NO. 89-470 AUTHORIZING RED!'' 1 !ON OF SITE PERFORMANCE GUARANTEE FOR POINE %'EST 1 LIMITED PAR r4ERSHIP 98059) . Notion carried cm a Roll Call vote, five ayes. Founellmember Vaslllou stated that she will vote against the reduction of site Improvement guarantee for Superior Fore* Inc., V well as other future Bond reduction requests, where tai ,scaping is yet to be completed. She stated there needs to u`, n incentive to get the landscaping In sooner In the dei ipment process. It should not be left as the lest Item to be vompleted, Ben `)t roh, Superlor Ford Inc., stated that seed :ng will be done; In late September, as recommended by t:t. and Island medlan,s hive not been completed because a bL', ;,it ^r; o,%pan%lon is ccntemp.l - ,d wlthln a year. M0110N wtas inane by Mayor Sta-rielder, secntilleC CA, one I I membe r Zlltur. to adopt RESOLUTION NO. 89-471 4 -DUCTION OF S1TL PLNk ORRANCI: GUARANVEF. FOR SUPERVV FG90, IX. 88130). SUB.TI'TUIE MOTION r•as made by Councllmember Sisk to defer this request until staff reports on alternatives to bond :~eduction to address the timeliness of landscaping completion. RESOLUTION N0. 89-469 PERF6;"4MANCE CUARANIEE FOR RONALD JECHA FOR PDI (88009) Item *8-f -I RESOLUTION N0. 89-470 PERFORMANCE GUARANTEE FOR hnIME WESI 1 LMTD. PARTNERSHIP 88059) Item 08-F-2 RESOLUTION NO. 89-471 PERFORMANCE GUARANTEE. FOR SUPERIOR FORD 881?0) Item 8-F-3 J Regular Council fleeting August 21, 1989 Page 223 Substitute motion failed for lack of a second. Original nay. motion carried on a Roll Call vote, four ayes, Vasiliou MOTION was made by Councilmember Councilmember Zitur, to -idnmt RESOLUTION REDUCT104 OF SITE PERFOKMANL'E GUARANTEE PONDS NOPTH (87093). Ricker, seconded by N0. 89-472 AUTHOZIZING FOR NORTHWOOD HOMES FOR Motton carried on a Roll Call vote, four ayes, Vasillou nay. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89-473 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CVN COMPANIES, INC. (87115). MG kjn carried on a Roll Call vote, five ayes. Ron Holden, 3545 Flag Avenue North, spoke on bc'-alf of Mt. Olivet Lutheran Church. Mr. Holden requested that the City waive water lateral charges of $3,514.50 and water area charges of $1,516.80 for their church property along the north side of old County Road 9. There are two parcels of land, one 165 feet wide and the other 33 feet wide. The assessment +.s based an 165 feet of frontage. Mr. Holden stated that an assessment based on 33 feet, rather than 165 feet, would be more appropriate for a total asp nt of approximately $1,000. Director Moore stated that the church can request to have the assessments levied over a five or ten year period at the current. Interest rate and recommended that the assessments not be waived as the City has incurred the actual costs to provide service to the property. Councilmember Zitur noted this is a historical site and much restoration work is needed. Mr. Holden stated that it is to the public: es a historical by Counclimember Zitur, Mr. cemetery lots available and is their intent to open the building site. In response to a question Holden stated the church has marketing those for sale. Councilmember Ricker stated that qualifying senior citizens are offered deferral of assessments; not waiver. It is tJifficult to justify complete waiver of assessments. RESOLUTION N0. 89-472 REDUCTION OF SI PERFORMANCE GUARANTEE FOR NRO'THWOOD HOMES FOR PONDS NORTH 87093) Item 8-F-4 RESOLUTION N0. 89-473 RELEASE Or SITE PERFORMANCE GUARANTEE FOR CVN COMPANIES 87115) Item *8-G Request for waiver of assessments, Mt. Olivet Lutheran Church Item 8-H Regular Council Meeting August 21, 1989 Page 224 MOTION was made by CouncilmP:dber Ricker, seconded by Councilmember Sisk, to direct s%;aff to prepare a resolution that defers the total asses3ment for Mt. Olivet Lutheran Church for five years, interest-free, ovith the unpaid balance at the end of five years to be levied over the next five years at the then prevailing interest rate. The Council will consider this resolution when a waiver of public hearing is received from the church. Motion carried on a Roll Call vote, four ayes, Ve;;tliou absent. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 89-474 REDUCING DEVELOPMENT BOND, LAKE PAPK HEIGHTS ADDITION (85089). Motion carried on a Roll Call vote, fixe•, ayes, Vasiliou nay. NOTION was made by Councilmember Sisk, seconded by CounclImember titur, to adopt RESOLUTION NO. 89-475 REDUCING DEVELOPMENT BOND, BOULDER RIDGE ADDITIO q (8812). Notion carried on a Roll Call va:e, plyP ayes. MOTION was made by Councllmember Sisk, seconded by Councilmember litur, to adopt RESOLUTION N0. 89-476 REDUCING DEVELOPMENT BOND, DEERWOOD TRAILS ADDITION (88016). Motion carried on a Roll Call vote, five ayes. NOTION wa, made by rouncilmember Sisk, seconded by Councilmember litur, Lo adopt RESOLUTION NO. 89-477 REDUCING DEVELOPMENT BOND, BASS LAKE WOODS AOFTION (84075). Motion carried on a Roll Call voce, five ayes. MOTION w..cs mede by Ccu mcilmember Sisk, seconded by Councilmember 11tur, to adopt RESOLUTION NO. 89-•479 REDUCING DEVELOrMENT BOND, MALLARD POINTE ADDITION (87110). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember tltur, to adopt RESOLUTION N0. 89-479 AWARDING BID, NORTHWEST BOULEVARD (C.S.A.H. 61), CITY PROJECT N0, 416. Notion carried on a Roll Call vote, five ayes. C' RESOLUTION N0. 89-474 REDUCING DEWLOPMERr BOND, LAKE_ PARK HEIGHTS ADDN. (85089) Item 8-I-1 RESOLUTION N0. 89-475 REDUCING DEVELMNEW BOND, BOULDER RIDGE ADDN. (88124) Item *8-I-2 RESOLUTTRN NO. 89-476 REDUCING L mtt BOND, DEERWOOD TRAILS ADDN. (88016) Item *8-I-3 RESOLUTION N0. 89-477 REDUCING DEVELOPPERr BOND, BASS LAKE WOODS ADDN. ( 84(175) Item *8-I-4 RESOLUTION NO. 89-478 REDUCING BUND, MALLARD POINTE ADDITION (87110) Item *8-I-5 RESOLUTION N0. 89-479 NORTHWEST BOULEVARD PROJECT NO. 416 Item *8-J 0 r 11 Regular Council Meeting August 21, 1989 Page 225 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-480 Zitur, to adopt RESOLUTION NO. 89-480 RECEIVING REPORT AND RMIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, STREET AND STORM SEWER SET HEARING, MINNESOTA IMPROVEMENTS ON MINNESOTA LANE, CITY PROJECT N0. 944. LANE IMPROVEMENTS, PROJECT N0. 944 Nation carried on a Roll Call vote, five ayes. Item *8-K-1 MOTION 14as made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-481 Zitur, to adopt RESOLUTION NO. 89-481 RECEIVING PRELIMINARY RECEIVING REPORMAW REPORT AND CALL FOR HEARING ON IMPROVEMENTS, STREET AND STORM SET HEARING, 9TH SEWER IMPROVEMENTS ON 9TH AVENUE AND RANCHVIEW LANE, CITY AVENUE IMPROVEMENTS, PROJECT N4. 947. PROJECT N0. 947 Item *8-K-2 Motion carried on a Roll Call vote, five ayes. NOTION was made by Counc!lmember Sisk, seconded by Councilmember RESOLUTION N0. R9-492 Zitur, to adopt RESOLUTION NO. 89-482 RECEIVING REPORT AND RECEIVING REPORT AN CALLING FOR HEARING ON STREET LIGHTING IMPROVEMENTS - SET HEARING ON STREET WESTMINSTER ADDITION. LIGHT IMPROVEMENTS - WESTMINSTER A:)nTTION Motion carried on a Roll Call vote, five ayes. Item *8-K-3 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-483 Zitur, to adopt RESOLUTION NO. 89-483 REQUEST FOR PAYMENT NO. 3, PAYMENMVT.77, PLYMOUTH CREEK PARK PARKING LOT, CITY PROJECT NO. 910. PLYMOUTH CREEK PARKING LOT, PROJECT MWI. 910 Motion carried on a Roll Call vote, five ayes. Item *8-L MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 89-484 Zltur, to adopt RESOLUTION NO. 89-484 APPROVING CHANGE ORDER CHANCE ORDER Nne IT& N0. 19 WELL N0. 11 WATERMAIN, CITY PROJECT NO. 909, WELL NO. 119 PROJECT N0. 909 Motion carried on a Roll Call vote, five ayes. Item *8-M MOTIOW was made by Councilmember Sisk, seconded by Councllmember RESOLUTION NO. 99-485 11tu r, to adopt "FSOLUTION N0. 89-485 AUTHORIZING THE MAYOR AND AMENDMENT TO 087W CITY MANAGER TO ENTER INTO A 1989 CONTRACT WITH THE REGIONAL MEDICINE LAKE LINES TRANSIT BOARD AND THE CITY OF PLYMOUTH FOR FUNDING PUBLIC CONTRACT Afsn RTH TRANSIT AND AN AGREEMENT FOR OPERATION AND MANAGEMENT OF THE CONTRACT t`LYMOUTH METROLINK PUBLIC TRANSIT SYSTEM WITH MF_DICINE LAKE Item 8-N LINES* Mition carried on a Roll Call vote, four ayes, Vastllou absent. MOTION was maac I-%, Councilmember Sisk, seconded by Councilmember RESOLUTION NO, 89-486 Zitur, to adopt RESU'LlITION NO. 89-486 APPROVING DISBURSEMENTS DISRURSIMENTS FOR FOR THE PERIOD ENDING JULY 31, 1987. PERIOD ENDING 7-31-89 Item *8-0 Motion carried on a Roll Call vote, five ayes. Regular Council Meeting August 21, 1989 Page 226 RETS OF OFFICERS, BOARDS, AND COMMISSIONS The City Council reviewed the police department repnrt on the West Medicine Lake Community Club carnival, as well as letters received t:om the Club and neighbors following the event. Councilmember Vasillou stated that after reviewing all the documentation, Including a report on meetings between the Community Club and area residents, it appears there will always be an Inherent problem relating to the Club's annual carnival. The question is to what degree the City will attempt to mitiqate It* Thn police report on %,he event Indicated that other than minor !nfractlons, the Club complied with all requirements for the licensed event. The conflict between the Club and neighbors has been improved substantially from a few years aqoo the current situation is tolerable. She stated !hat the good that is done by the Club far outweights the negative Impact to the nelyhborhood of this once a year event. CouilCilmember Litur suygested referral of both groups to Mediation Services as an option if the conflict continues. MOTION was made by Councilmemter Ricker, seconded by Councilmember Sl. --k, to receive and file foe future reference the report on the West Medicine Lake Community Cl+jb annual carnival. Notion carried, five ayes. The Council received the Public Arid Capital Improvement Project Status Reports. Councilmember Ricker reported that the Board of Zoninq Adjustments and Appeals has requested a meeting with the City Council for clarification of certain Issues. Staff was directed to arrange a meeting. Report on West Medicine Lake Community Cluh Carnival Item 9-A Project Stat rs Report.. Item 9-R Meettnq with ROZA Councilmember Sisk commented on the Information regardlnq ;fie Community Center Community Center which appeared In the Dodge Reports. No news Information In Dodge release or advertisement was placed by the City regarding the Reports Community Center. Dodge Reports uses local newspapers and word-of-mouth in addition to formal notices for bids. NOTION was made by Mayor Schneider, seconded by Counellmember RESOLUTION N0* 89-487 tltur, to adopt RESOLUTION NO. 89-487 OBJECTING 'f0 COUNTY PLANS 083MING T6 t, FOR ACQUIRING AND USING THE ELWEIL PROPERTY. PLANS FOR ACQUIRING ANS USING THE ELWELL Motion carried on a Roll Call vote, four ayes, Vasiliou absent. PROPERTY 0 Regular Council Meeting August 21, 1989 Page 227 Staff was directed to share a copy of this resolution with residents appearing at the Forum regarding the issue. Councilmember titur stated that appointment of the City's consultants should be reviewed to cesisider Service ani cost efficiency. r,,ourellmember Ricker stated that this issue will have budget Impacts and should be considered at a budget study session. The meeting was adjourned at 11:40 p.m. Consultants