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