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HomeMy WebLinkAboutCity Council Minutes 02-05-1990MINUIES REGULAR COUNCIL W STING 40 February S, 1990 The regular meeting of the Plymouth City Council was walled to order by Mayor Bergman at 7:00 p.m. In the Council Chambers of the City Center at 3400 Plymouth Boulevard on February 5, 1':90. PRESENT: Mayor Bergman, Vasiliou, Zitur ABSENT: None Councilmembers Helliwell, Ricker, STAFF PRESENT: Lity Manager Willis, hssistant Manager Boyles, Public Works Director Moore, Community Development Director Tremere, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATIONS Mayor Bergma o presented $800 to Larry Widen for the "It's Not Recycling Contest rash, It's Cash" Recycling Contest, Item 4-A Audresses were randomly selected !or the February recyclinn contest. CONSENT AGENDA e Items 8-N-2 (de vetopment contract hand reduction for Gleason Lake School Addition), 10-D (report oi temporary and real estate signs), and 10-E (report on reduction of financial quarant'`3 for site improvements) were removed "rom ;.he Consent Agenda. MOTION was made by Councilmember !Itler, seconded by Consent Agenda Councilmember Ricker, to adc,)t the Consent agenda as amended. Item 5 Motion carried on d Roll Call vote, five ayes. MINUTES MOTION was rade by Councllmember tltur, seconded by Mintites Councilmember Ricker, to dpprov % the minutes of the Ddnudry 2? Item "6 regular council meeting. Motion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Mayor Bergman opened the hearing at 71.10 p.m. to consider liearinq on Llipior revocation or suspension of the off -sale liqt or license of Hass License of Hass Lake Lake Inc., 11540 Cou.ity Rudd 19, for a i lgtior law vinlat lon Llgt nr which occurred on 1ily 21, 1989. Item 7-N EQ Regular Council Meeting February S, 1990 Page 33 IDRonald Libby, representative of Bass Lake Liquor. appeared with his attorney Steve- Sondrall, Mr. Sondrall requested that the Council impose no penalty and take no further action on this incidente f;e stated that a former employee of Bass Lake Liquor did enter ,, qu.l:y plea to selling liquor to an underaqed person; however, the plea was made pursuant to a plea bargain. The plea and charges will be dismissed If no further liquor law Incidents occur in the next 10 months. Mr. Sondrall stated that the e3ta5l13hftnt does not have strict liability In this Incident because, as the police Incident report notes, the minor admits using a false Identification to purchase liquor on a number of previous occAsions at this establishment. He stated that no further action should be taken since the crtmt:al charge that Initiated the hearing may be dismissed. Mayor Bergman closad the he -icing at 7:20 p.m. Attorney Thomson stated that the clerk did not ask for Identlficatlon In this patticular Instance. There was a guilty plea in the case and it Is riot accura's. to say that the criminal charge solely tnittated the hearinq. Then Council holds a hearing to contitder a civil penalty based on the original Incident, not necessarily the outcome. He stited it Is his opinion there is sufficient basis to Impose a civil penalty In this case, If it is the Council's desire. Councllmember Ricker asked If charges here brought against the minor who purchased the liquor. Attorney Thomson stated that a citation was lsLued. Councilmember Ricker stated he feels some sympathy for the establishment because of the situation; howe,er, there is some dNgrte. of guilt and irresponsibility In not dskinq for Identification for this particular sale. NOTION was mdde Isy CounciImember Ricker, seconded by Councllmemher Vasllto1j, Lo adopt RESOLUTION NO. 90-71 IMPOSING PENALTY FOR LIQUOR LAW VIOLATION A%1 :NST HASS LAKE INC. , reduc!ng the Pella Ity from $1,000 to $500 due to the circumstances In this rise. Mottun cdrrled on a boll Call vote, five ayes. PE I I T IONS, HEQUE :I S AND COMMUN ICA 1 1.)NS Mayor Ner(iT#dn lntroGjced the request of Medt-lne Church ror approval Of 51te Plan, Conditton.rl Rc:coning, and Vartance fur property located ,it corner of Zachdry Lane and Old Rockford Road (1115 is Road) (99086). Lake Lutheran Use Permit, the southwest O1.d Rorkfo:-d RESOLUTION N0. 90-71 IMPOSINGN Y U LIQUOR LAW VIOLATION AGAINST FIATS LAKE- INC. Item 7-1 Medl^tne Lake Chu rrh ( 199096 ) Item 4-A Lutheran t Regular Council Meeting February 5, 1990 Page 34 John Rieschl, 241,; Kewanee Way, appeared on behalf of the church. Mr. Rieschl stated that Medicine Lake Lutheran Church has been located at 3110 E. Medicine Lake Ilvd., for 25 years. The school was started in 1980 and after Louie years was moved to St. Louis Park. The proposed location at lachary Lane and Old Rockford Road would be for a church building, which would Include the academy. Mr. Rieschl stated church representatives not Vied neighborhood residents of the proposal in September, 1989. Seventeen residents attended an informational meeting where an informal site plan was presented. He <<:ated that at the Planning Commission hearing sever•il residents stated a fear of reduced property values due to the construction of the church. Chairman Plufka requested that those persons should provide-tat+stics to support their claim. Mr. Rieschl staled that letters submitted by realtors are not sufficient to validate a t..ssible loss in property values. He stated that this project will address the water run-off problems that currently exist from this site and major landscaping is proposed to buffer the abutting residences. Jack Ovkk, architect for the protect, presented a model of the propo:.ed church structure and the site. He stat:d the proposed building provides multiple use of s^ace for chut;h, nursery, 7„hool, dnd storages Mr. Ovkk explained the proposed drain?ge Improvements. He stated that the proposed location of the playground Is the safest, and tl.ere is an adequate buffer between the playground and abutting homes. Mr. Ovkk explained the two roof options that are proposed; ine is lower to minimize the roof mass. He said the proposal meets City standards and the objections have been "abstract". Gerry Woessner, 4200 Cottonwood Lane, requested that the Council deny the requests% He noted the areas of concern r%,mtdinz%d in the staff report and stated that the petitiosier has not responded to all requests for information from staff and Planning Commission. Mr. Woessner stated the proposed project Is too large for the limited spdce and there Is an adverse elatlonship between the proposed use and the abuttlnq residential area. Mr, Woessner stated the project would depress abutting residential property values, create noise and congestion due to the seven day a week operation, and create traffic hararda due to inadequate parking, Attempts to provide a buffer ;o the adjacen. properties is inadequate, Mr. Wo•issner stated the neighbors arc rnt opposed to a church or scho.ii, but the proposed facility Is too aggreq;sive for this, site. The petitioner has nut add quatel,y Addr-sssed the ronverns of the nelghborhood. Regular Council Meeting February 5, 1990 Page 35 Duane Cramer, 11210 42nd Avenue North, stated that the proposed structure Is equivalent to 4 1/2 stories high. This is not ccnsistent with adjacent 1-2 story homes. The impact of the building size is magnified because it is on a small. lot. Mr. Cramer expressed concern of overflow parking and increased traffic on Zachary Lane, particularly at Old Rockford Road. He slated the :intersection should be studied to determine if it can adequately handle the amount of additional traffic which would be generated by the proposed church and school. Mr. Cramer stated the church anticipates a 50% membership growth In the next five years. He asked where the space will be for parking and building expansion if the growth occurs. Future growth area is very limited, other than a minor expansion area for the parking lot. Mr. Cramer stated the project should be deferred until the neighbors' questions are answered. He stated the neighbors have not had sufficient input. Councilmember Vasillou asked if the architect's model had been shown to the neighbors and to the Planning Commission. Mr. Cramer responded that the model has not been seen by the neighbors. 40 Councilmember Vastllou asked why the church purchasers the property before receiving necessary approvals from the City. Mr. Rieschl stated that after the property was purchased in 1986 for a church, the decision was made later to incorporate the school facility as kvell. Counclimember Vasiliou stated she could not support the request because many questions remain unanswered. The church needs to work with the neighbors to address adequate buffers, and needs to address how it will expand in the folfure. It is unacceptable that the model has not yet been shared with the neighbors. At Councilmember- Zitur's request, Community Development Tremere presented a brief staff report on the request. He stated the Planning Commission vote was 3 recommending approval; 3 recommending denial; and 1 4bstaining. Commissioners voting against the motion to approve Indicated their votes were not in opposition to the concept of a church/school at this location, hu 4%. rather with specific reference to O ficlencips in site design resulting in a proJert that did not respond to the Zoning Ordinance with :hspet!t to the screening of parking from residences to the south, nor to the relationship to other property In the Immediate vtcinity. Regular Council Meeting February S. 1990 Page 36 Richard Plufka, Planning Commission Chairperson, stated that the following concerns were raised at the Planning Commission hearing: Screening on the east and south property lines to respond to the Zoning Ordinance requirement that off-street parking areas be screened from adjacent residences and the standard of the Conditional Use Permit that requires compatibility with permitted uses in the surrounding neighborhood; Considering reduction in height/mass for the church structure; Relocating the playground ,area from the west tilde immediately adjacent to the existing residences; Considering a reorientation of the building to create a better aesthetic appearance; and reducing the height of the proposed spire. Another concern was that the bulk of the screening was proposed as deciduous rather than evergreen trees. Councilmember Helliwell asked if a traffic study has been done to this area for this project. Public Works Director Moore stated a study has not been conducted. A study is not normally done when a permitted use is proposed. Councilmember Helliwell stlyyesLed that the matter be referred back to the church and neighborho.ad to try to negotiate an agreement. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to defer the requests of Medicine Lakf Lutheran Church (89086) and refer them back to the Planninq Commission, with direction to the church and neighborhood representatives to dLtempt to resolve the questions and concerns prior to Counel l recotlsideratlon of the regtiests In l tght of the issues cited dnd tht• Information presented to the Couoicil. Motion carried, five ,lyes. Councilmember He l l lwei l asked why a separate resoltit inn Is needed to set condition., for filing of the final plat. Director Tremere stated that Ilennepkn County has Inelle.itt'd that the approving resolution for a t'Inal plat gheueld not be encumbered by conditions. Therefore, a separate resolution is provided that sets conditions to he met by th•-i dvveloper In order for filing to occur. MOIION was m Bergman, to RESIDLNIIAL CONDITIONAL 89105) (HPUD Mot ton ade by Cuuncllmember Vasilloet, seconded by Mavor adopt RE SOLU I I ON NO. 90-7? NPPROV INC AMU NhF 1) I)l ANNE D UN I I DE VE LOIMI N I PRI L I M I NARY PL 1N AND US[ PERMIT 1 OR LOWHY HILL CONSIRUCi ON t ')MI'ANY N1-4). Married on a Rall Call votes, Ive aves. Defer Requests of Medicine Lake Lutheran Church (89084) Item H -A Lowry Ili I I Const. I1eerh,aven 3rd Addn. 991()5) Item .1-I1 RI SOLUI T ON N0. 90-7," APP11 V RC A D Itl'lll) PHIL. PLAN AND CLIP 101? LOWHY Itll_I. CONSI. C01 9105 It elm ti I1 Regular February Page 37 Council Meeting 5, 1990 MOTION was made by Councilmember Vdslllou, seconded by Mayor Bergman, to adept RESOLUTION NO. 90-73 APPROVING FINAL PLAT ANT) DEVELOPMENT CONTRACT FOR LOWRY HILL CONSTRUCTION COMPANY (49105) RPUD 81-4). Motion carried on a 140 11 Call vote, five ayes. 14"TION was made by Counctlmember Vastltorr, seconded by Mayor Bergman, to adopt RESOLUTION N0, 90-74 SETTING CONDITIONS TO lif MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LOWRY HILL CONSTRUCTION COMPANY (491051 (HPUD 81-4). Motion carried on a Holl Call vote, five ayes. MOTION was made by Councllmember Iitur, secondees by Counttlmember Ricker, to adopt FEFSOLUTION NO. 90-75 APPRC'.TNG LOT DIVISION/CONSOL IDA T ION AND 014 I ANCE I OR JOHN DF VR IE S FOR PROPLRIY LOCATED WEST OF VALLI-Y F ORGF LANF AT 491H AVNUF NORTH 89101). Motion carried on a Roll Call vote, five ayes. MOTION was Coutic t Imember CONUIIIONS TO DIVISION/LUT 8910!). 0 made by CouncIImemher lltur, Ricker, to adopt RI OLUT 10d NO. 11E Ht. T PR I OR 10 FILING AND CONSOL IDA I I ON AND V AR I ANCI I'!:;: Motion carried on a Rot L l Ctil 1 vote, five ayes . seconeler, by 90-76 St , I I NC RF GARD I NG LO I JOHN DI VI [ I S MO I ION wa s made by Cot nc t I inembe r I t tor, stir -anded by Counellmember Ricker, to adopt RI SOLUTION NO. 90-77 \11PROVINC Silt PLAN AND VAR I ANCF S FOR lilt CITY OF* PL YMOU 1 H 10 COtIS I R UC T\ t lilt !;(A[ [ON (991)4). Mullan carried on a Roll Call vote, flvo- AsslsUnt, Mdnaqer Boyles stated the City ne(loLlatinq an extension of the existing Medletrie Lake Ltnes (MLL) for a one-year the contracL dre that the equipment will currently providers and that Me.dtetne Lake contract only when the Ci Ly and Regio, execute the contract. h s been s(ioressftil In Lrans[t eontrae with perlod. Revlslons to remain the sdme AS I , Lines is houn by tho I Iransit Boar,, (RT11) lodd Pdulson, 3216 Poe Road, Stated he Is a rommisstoner on the RII) representinq Suburban communit ieif. lie stated MIC/Morlev (tees Company competed with Medicine Like lines for the service and the MTC proposal was superior. Ile It -%d that tht- Rill hao, lakes RESOLUTION NO. 90-73 APPROVINf, FINAL PLAT AND DEVFLOPMFNT r_ONTRACT FOR LOWRY FALL CONST. COMPANY 99105) Item 8-11 RE'SOLOT ION NO. 90-74 SETTING CONDITIONS TO RF MFT PRIOR TO FILING RF'SOLUTION NO. 90-73 89105) Item 8-13 RFSOLIITION NO. 90-75 PPROvTNG I.nT D[VTSION/CONSOLIDATION AND VARIANCE FOR JOHN DFVRIES (99101) Item •8-C FI -SOLUTION N0. 90-76 fir.T I INC, CON IST I O -NS- T I I)F MFT PRIOR TO F I L I hil lil-SOLI)T ION NO. 90 75 Item *H -C RF S01-111 IN NO. 90:77 APPROVING `iI Tr ! PL \N NF) V' R I ANC( S E-014 I PU SIAIION I ( 491 14) Item *h- 1 r,ins I t r'o, t rant 4-1 Regular Council Meeting February 5, 1990 Page 38 the position that the City can reject all bids and a fiend the existing contract with Medicine Lake Lines only for one year, and only if there is a valid reason for of awarding to MTC. Mr. Paulson stated that MTC should be awarded the contract because It submitted the lowest cost proposal, the bid is within the amount budgeted by the City, the vehicles proposed by MTC are newer than those ^--)posed by MLL, its propo:..1 was rated higsher than the proposal of MLL, and its driver selection and training 1% superior. Mr. Paulson stated the one-year extension of the exIAIng contract with MLL Is inferior to the HTC proposal. Mr. Paulson stated tht s is no valid reason to reject the MTC proposal, and MTC is prepared to pursue other means Including the RYB dispute resolution process. He st.ited that MTC is committed to customer service which is more important than strictly considering cost. Ruth Franklin introduced he.r-:lf as the Plymouth representative to the RTO. She stated she was available to answer questions. Ed Pluimer, 2?00 Ftrst Bank Place Fast, attorney for Medtrtne Lake Lines, stated that the questions rdISO" at the December Council meeting relating to lack of qualifytnq insurance fo^ MTC/Morley, staff's rankings nr adequately recognizing MLL's past service, and whether M1C's marginal cost option .s permissible have not been addressed. Mr. Pluimer urged the Council to authorize the extended contract with Medic -ie Lake Lines. Jim Johnson, 1510 Spring Valley Road, Golden Valley, represented Medicine Lake lines. Mr. Johnson stated MLL has served the City for six years and wishes to continue service. He stated t'.. air conditioning will be provided on all huses In 1990. Further equipment enhancement could not be done when only a one-year contract term is guaranteed. Attorney Thomson stated the Request for Proposals gave the Council authority to reject any or all proposals. The RTR position is that the Ci,y has the authority to extend the existing contract, but only for a period loiig enough to agatn request proposals. He stated that In a year the pending appeal on Lie legality of the marginal cost approach should have been heard. Attorney Thomson stated It is his opinion that inddequate insurance provided by MIC/Morley Is a sufftc-tent bdsls on which to reject all proposals. He stated teat the Request for Proposals process evaluates a variety of rriterta and is not governed by the competitive blddlnq law. C7 Regular Council Meeting February S. 1990 Page 39 Councilmember Ricker determine what term provider will be* asked whether the RTB has ,jurisdiction to the City's contract with any trinsit Attorney Thomson stated the term of the contract is a Council decision. The RTB provides fur.dinq and establishes guidelines; although, there is some legal question of Its authority. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-78 REJECTING ALL PROPOSALS TO OPERATE DAILY PUBLIC TRANSIT SERVICE IN THE CITY OF PLYMOUTH AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN EXTENSION 9F THE EXISTING TRANSIT CONTRACT WITH MEDICINE LAKF LINES. Councilmember Vasiltou noted several minor problems that have occurred with Medicine Lake Lines service and stated that Medicine Lake Lines has not been responsive in making corrections. Assistant Manager Boyles stated the contract extension addresses that issue by requiring a better accounting trail and providing penalties for noncompliance. Johnson stated he is opts to addressing any particularisMr. concern and is committed to resolving problems that occur. CounQi1member Helliwell asked how award of the contract would affect property taxes to Plymouth residents. Manager Willis stated the metropolitan taxing district rate remains the same under either proposal. Mayor Bergman stated that he had received many favorable letters from Medicine Lake Line riders. No letters were received endorsing NTC. Mayor Bergman stated that It is difficult for a prlvate company like MLL to compete with MTC (a public corporation) because 2/3 of its operating expenses are paid through %ubsidies. the corporation Is not designed to make a NEnflt, Councllmember Ricker stated the Insurance amount Is an Important Issue because if Mit were to have a claim cinder their present Insurance limit, any large sustained losses would have to he paid throu,"I a tax ,evy. He stated that this one-year extension of the existing MLL contrict is an opportunity for MLL to uorrect the pr.-iblems that have occurred In the past. Motion carried on a Roll Call vote, Ricker, liter, Hergman aveS, Helliwell and Vasllloti nays. RL.OLUTION N0, 90-78 RE JF t T MY = A PROPOSALS FOR TRANSIT SERVICE AND EXTFNnINC THE FXISTING CONTRACT FOR ONE YEAR Itftb A-E is Regular Council Meeting February 5, 1990 Nage 40 MOTION was made by Councilmember Vas iliou, seconded by Councilmember Helliwell, to adopt RESOLUTION N0. 90-79 AMENDING ENGINEERING SERVICES AGREEMENT, OONESTR00, ROSENE, ANDERLIK AND ASSOCIATES, INC. Mayor Bergman stated that the proposed agreement multiplies the City's rate by 1.3 for plan review for private developers. He asked how much of this type of review Is done. Ulrector Moore stated that very little, if any, is done. Councilmember Ricker noted there is very little variation in the rats charged by the engineering firms surveyed. He stated if there is a problem with the City's existing engineering firm, those problems should be discussed openty with the firm. Councilmemter Vasiliou vcrifted from staff that approving the rate increase does not guarantee work will be ordered from the firm. Motion carried on a Poll Call rote, five ayes. Peggy Murphy, 309 N. Zachary i_ane, stated she has spoken with many of her nelghbors and th; majority are opposed to havinq County Road 73 :;traight.ened and connected to Highway 55. She stated that traffic Is already heavy and child safety is a concern. She requested that further studies be conducted before a decision is made. Marilyn Thompson, 11018 Old County Road 15, asked the purpose of straightening the road as it will not serve residents of the area. She stated It will only serve as a snick way for motorists to get from I-394 to Highway 55. Director Moore stated that when 1-394 Is completed, Lraffi(' on this road is predicted to increase drastically. The proposed Improvement In 1991 will correspond with the completion of 1-3940 Councilmember Helliwell stated she Is only prepared to vote on the street and water portion of the C.ipital Improvement Prcuaram for the year 1990. She stated she is still concerned about the Schmidt Lake Road Improvements planne:l for 1990 drid the impart on the wetlands. Councllmember Helllwell suggested deferrinq the Schmidt Lake Road Items In the C.I.P. until the City has a wetlal ds protection ordtnalice in place. COLIOCllmember titur stated that development liontirnivs to oretir In this area and the road I_• needed for safely reasons, RESOLUTION N0, 90-79 AMENDING ENCINFCRINC FEES FOR BOW..STROO, ROSFNE, ANDFRLIK & ASSOCIATES Item 8-F Capital Program Item A -C Improvemen t Regular Council Meeting February S, 1990 Page 4' Bill Pritchard, Orrin Thompson, stated that he was Informed at a Planning Commission hearing that work proposed In the C.I.P. affecting his property along Medina Read could he accelerated. Manager Willis stated that if developers present a proposal that Is accepted, it is likely some of the Improvements may he accelerated. For that to occur, however, the City mist be assured that sufficient development will occur to ,justify acceleration of the Improvements. Director Moore responded to Councilmember Helltwell's comments regarding the Schmidt Lake Road proposed construction. He stated there Is a wetland in the vicinity of where the roads will intersect. A feasibility report will define the Impact and determine the alternatives. Councilmember Helliwell that people don't want. Xenium Lane from 37th preferred project* stated the City should not build a ro She suggested that the extension of Avenue to County Road 9 would he a Cotinellmemher 71ttir stated Sehmldr. Lake Road is needed for police/fire access and to handle additional traffic that will be yenera'.ed from the Begin property development. MOTION was made by Councilmember Zltur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-80 APPROVTNG ADOPTION OF FIVE YEAR It•PROVEMENTS PROGRAM 1990-1994. MOTION to amelid the maIn motion was made by Councilmember Vasillou, seconded by Mayor Bergman, to consider only the 1990 portion at this time. Councilmember ZItur stated he was opposed to only Adopting one year of the C.I.P. because a long-term plan Is needed. CounclImember Ricker stated that developers and property owners are waiting for the C.I.P. to be adopted so they have some dieectlon from the City. He stated that proceeding with any project will require further Council action and questioned what would be achieved by delaying the process further. Motion to amend carried, Helliwell, VaSIIIOU. Bergman ayes; Ricker and Zitur nays. MOTION to amend the main motion was made by Councilmemhrr Helllwell, seconded by Councilmember Vasti:au, to remove Item 7 from the "Street" Element (Schr ldt Lake Read from 4e:,t Medicine Like Drive to Pineview Lane). u RESOLUTION N0, 90-80 APPROVING C4PITA1. IMPRI)VEMENT PROGRAM Item A -C Regular Counc!1 Meeting February 5, 1990 Page 42 Councilmember Zitur stated he is strongly opposed to removing this project. Motlin to amend carried, Helliwell, Vasiliou, Bergman ayes; Ricker and Zitur nays. M01I0V to amend the main motion was made by Councilmember Helliwell to include in the 1990 C.I.P. only that portion of West Medicine Lake Drive from County Road 9 to 45th .Avenue. Notion failed for lack of a second. Councilmember Vasiliou asked whether the park component of the C.I.P. should be delayed until after the Council's joint meeting with PRAC on February 8. Manager Willis stated that PRAC has recommended the park portion of the C.I.P. that is before the Council. The C.I.P. can be updated at any time, if desired. Main Motion, as twice amended, carried ori a Roll Call vote, five ayes. Maryann Bealles, 11610 57th Avenue North, presented a petition signed by 33 residents of 57th Avenue opposed to connecting the Bass Lake froF.;,age road to 57th Avenue. She stated that the proposed connection would create dIdittonal traffic and safety concerns. Bill Bealles, 11610 57th Avenue North, stated the connectlon to 57th Avenue would create additional noise, lights, and trafft(% for the residents. The proposal would result In he and his neighbors maintaining addtttonal property. Walter Richards, 11655 51th Avenue North, stated his concerns with additional water runoff which may result cinder the 57th Avenue connection proposal. David Everson, 11520 57th Avenue North, stated he purchased his home on the cul-de-sac eight years ago and he wants his property to remain on a cul-de-sac rather than a through street. Ile stated the residents along the frontage road knew the heavy traffic sttuatlon when they purchased their homes and should not now 6e attempting to change the traffic patterns. 3erry Kaupa, L1805 Bass Lake Road, stated he lives on the frontage road but supports the posttlon of the 57th Aventie residents In opposltton to the 57th Avenue connection. He Right -of -Way Plan County Road 10 Item A -H for Regular February Page 43 Council Meeting S, 1990 believes the left -turn onto Bass Lake Road will eliminate some of the existing traffic problems for the frontage road residents. Paul Svensson, 11745 Bass Lake Road, stated that the elevation of Wss Lake Road is currently higher than the adjacent homes. the proposal to change the entry of the frontage rwd will result in the hones being on the street elevation. Mr. Svensson stated that a left -turn onto Deerwood would be safer than the proposed left -turn to the frontage road. With the 57th Avenue connection, a bike path could be built which would be much safer for ch Qdren. Larry Oerks, 11705 friss 57th Avenue connection about turning onto Bass Derks asked that If It' consideration be given Road farther west. Lake Road, stated htj support of the for safety reasons. He is concerned Laky. Road from the frontaqe road. Mr. the 57th 'Avenue connection is not done, to moving the connection to Bass Lake Director Moore responded that frontage road to Bass Lake Road distance. the proposed connection of the is the safest location for sight Councilmember Helliwell stated she believes the connection to 57th Avenue Is the safest option; however, the majority of residents do not want it disrupting the existinq cul-de-sac. MOTION was made ny Crsnctlmember helltwell, seconded by Counclimember Vastl(ou, to adopt RESOLUTION N0, 90-81 APPROVING RIGHT-OF-WAY PLANS COUNTY ROAD 10 AND bl IMPROVEMENT PROSECT, CITY PROXC T N0. 812. Motion carried on a Roll Call vete, four ayes; tttur abstained. MOTION was made by Counellmemher Counellmember Ricker, to adopt RESOLUTION RELEASE OF' SIIE PERtUHMANCE GUARANTEE 8hjk)91) . Iltur, seconded by NO. 90-82 AUTHORIIING RED ROOF INNS, INC. Motion carried on a Roli Call vote, five ayes. MOTION was made by Counc I linemher 71Lur, seconded by Councilmember Ricker, to cidopt RESOLUTION N0t, 90-83 ORDIHING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UIILIIY EASEMENT, BLOCK 2, SCHERER INDUSTRIAL t)EVELOPMENI. Motion Carried on a Roll fall vote, four ayes, liter abstained. 0 RES(.LUf ION N0, 90-81 APP NG RICHT-OF-WAY PLANS, COUNTY ROAD to PROD Ct -i12 Item d -H RESOLUTION N0. 90-82 1)FVFLOPMFNT CONTRACT BOND Rt DUC T I ON RED ROOF INNS (48091) Item OP -3 RESOLUTION NO, 90-83 6110rRINC 11FARINC-t VACATION t.f F1 f MINTS, SCHERFR INUUSTRIAI. I)rVELOPMENT Item *14 Regular Council McLting February 5, 1990 Page 44 1401 ION was made b Councilmember litur, seconded bY y Councilmember Ricker, to adopt RESOLUTION N0, 90-84 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRIVEWAY FASFW0, BLOCK 2, SCHERER INDUSTRIAL DEVELOPMENY. Motion carried on a Roll Call vote, Pour ayes, Zitur abstained. MOTION was made by Cooncilmember litur, seconded by Councllmember Ricker, to adept RESOLUTION NO. 40-85 ORDERING PUBLIC DARING ON THE PROPOSED VACATION OF A STORM SEWER EASEMENT AND SURFACE ORAIN.AG EASEMENT OVER A PORTION OF GOVERNMENT LOT 1, SECTION 30 FOR BAY POINTE ADDITION. Motion car&ied on a Roll Call vote, five ayes. MOTION was made by Councilmeoher litur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-56 ORDERING VUHLIC WARING ON IHk PROPOSED VACATION OF A NOR1101: OF IIHCON LANE BEMEN 114E EASTERLY EXTENSION Or THE NGRTH LINE OF LOT 19 BLOCK ll, G14LENIHEE WEST AND THE SOUTH PLAT LINE OF GRFENTRFE WEST FOH HAY POINTE ADDITION. t4otion carried on d Noll Cill vote, Five ayes. MOTION was made Councllmember• Ricker, PUBLIC HEARING ON THE EASEMENIS, LOIS 4 AND by Councilmember Iltur, seconded by to adopt RESOLUTION y0. 90-S7 ORUI-RING PRONOSFD VACATION OF DRAINAGE A14D UTILITY 5, BLOCK ! , 1.40US I R I AL PARK 494 ADDITIONS Motion cacried on a Rall Call vote, f lvto ayes. MU I ! UN was made by Counc I Imember litur, SeU1011ded by Councllm2mber Ricker, to adopt RESOLUTION NO. 90-54 REDUCING UEVELONMENI BOND, MALLARD POINTE AUUIIION (4711).010 Motlan 4drried on a Roll Call vote, five ayes. MU I ION was made by Counr I. Imembe r I l to r, seconded by Counci lmember Fucker, to adopt RE SOLUI ION NO. 90-49 RI'DUCING UE VE LUNME N I BUND, IHk MEADOWS OF BASS LAKL ADDITION (.47059)6 Motion cdrrled on o Roll Call vote, five ayes. MOI ION was made by Counr.11member Iitrir, 15.4r01ided by Coun•ilmember Ricker, to adopt RESOLUTION NO. 9(1.90 RFOUCING UI Vl I.OPME N I BUND, BASS LAKE HI 1 GII I S AUDI I ION. Motlur (:drrled on d Roll Call vete, five ..)e%,, 0 RESOLUTION NO. 90-94 INCORDERtRIWeN VACATION OF E ASF MF 1119 SCHE RE R INDUSTRIAL DEVFLOPMENT Item *9-K RESOLUTION NO 90-45 OROERIN HEAR. NDN VACATION OF FA. MENT, 134Y POINTF ADDr'ION Item *8-L RESOLUTION N0, 90-96 ORDFRING HFARINC ON VAC A f ION OF PORTION 1TRCON LANF Item *9-L RESOLIIT ION NO, 90-87 ORI)FRINC VACATION Or EASEMENTS, INDUSTRIAL NARK 494 ADDITION Item *4-M RESOLUTION N0. 90-9R KUM V I_ TrRT BOND, MALLARD POINTE 47110) Item *4-N-1 RFSOLJTION NO, 90-q9 REDUCING OF VF 1.OPMI NI BONO, MEADOWS OL 11-%1;S LAKE ADDN. (47059) Lem *R -N-) Rt SOLIIT ION NO. 90 -YO RITUCIR DFVFLO I NT BOND, HASS LAKE Hi I :,HTS ADDITION 4 )(;;)4) Item *9 N-4 Regular Council Meeting February 5, 1990 Page 45 NOTION was made by Counc l lmember 11 tur, seconded by RE SOLUI ION N0, 90-91 0unci lmember Ricker, to adopt RESOLUTION NO. 90-91 REDUCING RFnUCINC nFVFLOPRFN7 DEVELOPMENT 8M. BASS LAKE HEIGHTS 2ND AnD1 T f ON A IWA) . 110ND, LASS I. AKF HF IGl1 f S 2ND ADDN. Motion carried on a Roll Call vote, five ayes. 13008) Item *A -N-5 MOTION was made by Councllmember Iltur, seconded by RESOLUTION N0, 90-92 Councilmember Ricker, to adopt RESOLUTION NO. 90-92 REDUCING DEVELOPMENT BOND, BASS LAKE HEIGHTS 3RD ADDITION 93008). BOND, BASS LAKE HE IGH TS 3RD ADDN. Motion carried on a Roll Call vote, five ayes. 93008) Item *8-N-6 the Council received a status repnrt on 15th Avenue street Status Report on lmprovewnts north of South Shore Drive, Project No. 945. Project 945 Item *8-0 MOTION was made by Councilmember IItur, seconded by RESOLUTION NO, 90-93 Counclimember Ricker, to adopt RESOLUTION NO. 90-93 APPROVING APPROVING PIANS Vin FLANS, SPtCIF'ICAiIONS, AND ORDERING ADVEHTISEMENT FOR BIDS FOR ORDERING RIDS FOk THE POLICE PISTOL RANGE, POLICE PISTOL RANGE Item *8-E` Motion carried on a Roll Call vote, fivP ayes. MOI ION was mdde by Councilmember t 1 to r, seconded by RESOLUTION NO. 90-94 Councllmember Ricker, to adopt RESOLUTION NO. 90-94 APPROVING APPROVING GA.OLINE GASOLINE SERVICE STATION LICENSE FOR SUPERAMER ICA #414t. SF_ RV ICt. STATION LICE NSC FOR Motion carried on a Roll Ca 11 vote, five dye's. SUPE RAMFR ICA #4141 Item *8-S MOTION was made by C011nv l lmember t ltur, seconded by RESOLUTION N0, 90-95 Councilmember Ricker, to adopt RESOLUTION NO. 90-95 APPROVI`MG WROWNC rTURFTTr- 1990 CIGARETTE LICENSE FOR SUPFRAMERICA #4341. LlCFNSF- FOR SUPFRAMERICA #4)41 Mott011 cdrrled on a Roll Cdll vote, five dy,,.., Item *8-S MOTION was made by Counct Imemher 11tur, secOlIded h% RESOLUTION N0, 90-9i; Councilmember Illeker, to adopt Ht=SOLUTIVN NO. 90-96 APPROVINt. W13ROVING TFMPORAffT 1_MPORAHY NUN- I Nf OX ICAT ING LIQUOR L ICF NSI t'OR St. MARY OF fill i.2 I. TCt NSt' t olf S T . LAKL CHURCH. MARY U> fill LAKE HIIRCI I Motloit carried on a `loll Call vote, five ,lyes. Item •8-1 M011ON was made by CuuneIImember lttlir, seconded by RFSr1LUII0N N04 90-97 Councilmember RieKer, to adopt Ht SOLUTION NO. 90-97 Rt Ct 1VINC RFri [%'NG PRI I'THINARY PRELIMINARY [NGINEIH REPORT, 1930 S'Hlt 1 RtCONSI IWC IION PROGRAM, ENG.NItRINC lit POR I C I 1 Y PROOF C I NO, 001. 194%10 W11, itt E 1 lit CONS 1 RUC I ION , Notion carr led on a Roll Call vote, Five ayes. PRo.)t r 1 NO. 001 Iteot 119-11 0 0 Regt0ar Council Meeting February y, 1990 Page 46 MOTION was made by CounCtImember l.itue•, seconded by Councilrisember Ricker, tc adept `1ESOLUTION NG. 90-93 AF"ROVING APPRAISALS FOR EMINENT DOMAIN PROCEEDINGS, CI'Y PROJECT NC. 933. Motion carried on a Roll Call vote, five i4 es. MOT ION was made by Counc 0 member Z I tur, seconded by Councilmember Ricker, to adopt RESOLUTION 00. 90-99 EXTENSION OF APPOI':TMENTS TO BOARD 01' ZONING AD.'.1i1STMENiS AND APPEALS. Motion carried in a Roll Call vote, five ayes, MOTION was made by 'Lot inc ilmember litur, seconded by Counctlmembor Ricker, co adopt RESOLUTION NO. 90-100 ACCEPT r1NAL RETORT FROM INF WEST HENNEPIN HUMAN SERV CE -S ON THE HOME MERCY CHECK-UP P- , ;RAM AND AUTHORI_'E THE C11': MANAG;:H TO KLEASE GRAN! FUND.: . Mntlon carried on a Roll Call vote, five ages. CGuncilmemher Itur Invoked the 11:00 p.m. adjourn to l:UO p.m., Thtirsday, February P rule and moved .o Ci y CI( r RESOLUTION NO. 90-!'S APPROVING HFPRAISALS FUP EMINENT DOMAIN PROX 1 NO, 83? ItEm *A-V RE SOLdT ION N0. 90-99 rATENS10N OF APf OiNTMtNI.; 13 801A Item *9-C RESOLUTION NO, 90-100 ACCE IT i 1NAL RFPOR 1 UN H04F ENERGY PROGRAf1 Item *9-F