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HomeMy WebLinkAboutCity Council Minutes 08-06-1990MINUTES REGULAR COUNCIL MEETING AUGUST 6, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Hcrgman at 7:00 p.m. in the Council Chambers of the City Center. at 3400 Plymouth Boulevard on August 6, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Kinager Willis, Assistant Manager Boyles, Community Development Director Treu-ore, Public Works Director Moore, City Attorney Thomson, and City Clerk Rauenhorst Mayor Be -groan presented a plaque of appreciation to Kani Win Ga Camp members of the Kani Win Ga Camp Fire group for Fire ervice to the City o%ir the last 13 years. Item 4-A arry Bakken, President of the Association of AMM Metropolitan Municipalities (AMM), informed the Item 4-B Council of a proposed dues increase. Under the proposal, membership dues for the City of Plymouth would increase from $5,310 to $6,333 in 1991. He staced the increase will allow the AMM to be more vroactivoN and establish a stronger one-on-one lobbying presence. Versa Peterson, Executivo Director of the AMM, described achievements of the AbIM over the last year, as well as the future organizational goals. Re stated the AMM dues are very reasonable compared to similar organizations, and cited the CoalitiGn of Greater Minnesota Cities a3 an example. Councilmember Vasiliou expressed concern about the dues increase being in the range of 20-25%. She stated growing cities like Plymouth are charged more than their fair share when a per capita fee basis is used. She also expressed concern that there may be redundancy with other organizations in loobying efforts. Regular Council Mooting August 6, 1990 Page 287 Mr. Peterson stated the dues increase was originally proposed in the 20-251 range. That hair boon reduced to 14%, excluding inflation. The formula is based on the League of Minnesota Cities fee structure, and Plymouth is not unfairly charged because the 1980 census data is still used for determining the fee. He noted several successful lobbying efforts of the Arm! in the last legislative session. Councilmember Zitur stated he does not like the fee increase; however, he will support groups that lobby on the property tax situation to the advantage of the City of Plymouth. In response to a question by Councilmember Vasiliou, Manager Willis stated the AMM membership dues will be presented to the Council for consideration with the 1991 proposed budget. George Watson, Brauer and Associates, presented the schematic plan for Bass Lake Playfield. Mayor Bergman asked if elevation problems had been encountered. Mr. Watson said yes, but all problems have been resolved. He described the elevation of the proposed facilities on the site. Councilmember Vasiliou asked what exterior building material is proposed. Mr. Watson stated burnished block with tile accent is probable, but the final decision will depend on the budget. If the Council approves the schematic plan, options for the exterior will be recommended for Council consideration in the final plans. Councilmember Helliwe`l stated the exterior should blend well with the adjacent residential neighborhood. Councilmember Vasiliou stated she wants to see a functional building with low maintenance. She asked about the bidding process. Mr. Watson stated contractor estimates will be used to determine the engineer's estimate for the project. This estimated cost is provided to Parkers Lake and Sass Lake Playfields Schematic Plans Item 4-C 0 Regular Council Pseeti<<g August 6, 1990 Page 288 bidders upon request, process will be used. and a formal bidding Councilmember Vasiliou questioned whether the process is truly competitive when estimates are provid6d to potential bidders. Councilmember Zitur agreed that vendors then know how much the City has to spend and the bids are submitted to that estimate. Mr. Watson stated he will not disclose the construction estimates for the playfield projects to potential bidders if directed by the Council. Director Moore stated the project cost estimates are contained in the City's Capital Improvement Plan. Mr. Watson presented the schematic. plan for Parkers Lake Playfield. Covncilmember Vasiliou expressed concern with the removal of one tot lot from the proposed plan. Councilmember Zitur and Helliwell agreed that the additional tot lot is needed. Mr. Watson explained that the tot lot was removed in order to provide for a safety zone adjacent to other facilities such as the soccer field. Mayor Bergman suggested that screening be used between the soccer field and tot lot to accomplish the safety needed. Park Superintendent Peterson stated that a neighborhood park including a tom lot may be proposed to the north of Parkers Lake in the future. Councilmember Vasiliou stated ttie future neighborhood park may be planned but may not be approved for construction. Manager Willis stated the consultant will return with a revised schematic plan for ParkerP Lake which will include a tot lot on the nor_h end of the site. Regular Council Meeting August 61 1990 Page 289 Courcilmembers discussed the bidding options. Director Moore suggested that the projects be bid with three alternates: Bass Lake Playfield only, Parkers Lake Playfield only, and a combined bid for both projects. The City may realize savings from the combined bid for a larger project. Councilmctmber Ricker urged the Council to support construction of a fence along County Road 6 for safety reasons. Councilmeiaber Vasiliou asked about the proposed trail widths. Mr. Watson stated a 10 foot trail is proposed at the Bass Lake Playfield. The proposed :rail width at Parkers Lake Playfimld would vary in areas from 6 to 12 feet. The wider trails aro used by park maintenance vehicles, MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to approve the preliminary schematic plans for Bass Lake and Parkers Lake Playfields and to direct staff to proceed with preparation of plans and specifications, subject to Council review of a revised schematic plan with the additic,n of a se4ond tot lot on the north end of the F arkers Lake site and fencing along County Road 6. Motion carried, five ayes. CAUSA It Agin" Item 8-T-1 was deferred to the August 20 meeting an requested by the staff and affected property owner. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the Consent Agenda. Motion carried on a roll call vote, five ayes. MiMA&A MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the minutes of the July 16, 1990, meeting. Motion carried on a roll call vote, five ayes. 11 Consent Item 3 Minutes Item *6 Agenc'a Regular Council Meeting August 6, 1990 Page 290 Mayor Bergman opened a public hearing on the application of Warrior One d/b/a The Gym, 2855 Glacier Lane, for an on -sale nonintoxicating liquor license at 7:23 p.m. Manager Willie presented the staff report. He stated the Public Safety Director has recommended denial of the license based on the police investigation. Manager Willis stated there Mao an outstanding warrant which the applicant satisfied earlier in the day, as well as a previous license revocation. Jim Yungner, the applicant representing Warrior One, stated it is his opinion that his previous license was not revoked. It was not renewed due to deiinquent payment of property taxes. He stated the property taxes are now current and the outstanding warrant has been satisfied. Attorney Thomson stated the past delinquent payment of property taxes is one issue the Council can consider for this license application. He stated the Cotincil has discretion in this situation to approve or deny the license request. Councilmember Vasiliou stated that juveniles use Nor. Yungner's facility. She asked how he ensures that juveniles are not served alcohol. Mr. Yungner stated he knows the ages of his customers and juveniles are not served. As, tont Manager Boyles stated one concern of th, rublic Safety Director was that the traffic warrant on Mr. Yungner had been outstanding since 1989. Mr. Yungner stated he was unaware the warrant existed until the investigation for his liquor license was conducted.- Mayor onducted. Mayor Bergman closed the hearing at 8:30 p.m. Regular Council Meting August 6, 1990 Page 291 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-449 APPROVING ON -SALE NONINTOXICATING LIQUOR LICENSE FOR WARRIOR ONE. Motion carried on a roll call vote, four ayes; Vasiliou nay. Co%mcilmember Vasiliou indicated that her no vote was due to her concern about availability of liquor to juveniles. Mayor Bergman opened a public hearing at 8:31 p.m, on vacation of a portion of the drainage and utility easement within Lot 6, Block 3, City View Acres 2nd Unit. No one appeared for the hearing. The hearing was closed at 8:31 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-450 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOT 61 BLOCK 3, CITY VIEW ACRES 2ND UNIT. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 8:33 p.m. on vacation of drainage and utility easement and drainage easement for ponding within Outlot J Parkers lake North 2nd Addition. No one appeared. The hearing was closed at 8:33 p.m. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-451 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMLNTS FOR PONnING PURPOSES IN OUTLOT J - PARKERS LAKE NORTH 2ND ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0. 90-•452 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 90-451 VACATING THE DRAINAGE AND UTILITY EASEMENT AND DRAINAGE EASEMENT FOR PONDING OUTLOT J - PARKERS LAKE NORTH 2ND ADDITION. Motion carried on a roll call vote, five ayes. EMSOLUTION 90-449 APPROVING ON -SALE ONINTOXICATING LIQUOR LICENSE FOR WARRIOR ONE Item 7-A 8E QLUTION 90-450 VACATION OF EASEMENT IN CITY VIEW ACRES 2ND UNIT Item 7-B-1 8&SQ10TION 90.-451 VACATION OF EASEMENTS IN PARKERS LAKE NORTH 2ND ADDITION Item 7-B-2 PZSQLUTIQN 90-4.52 SETTING CONDITIONS TO BE hiET PRIOR TO FILING RESOLUTION 90-451 Item 7•-B-2 Regular Council Meeting August 6, 1990 Page 292 MOTION was made by Councilmember Vas I iou,gQ1,,UTiON g0-q 3 seconded by Councilmember Zitur, to adopt APPROVING AMENDED RESOLUTION NO. 90-453 A'0FROVING AMENDED SITE SITE PLAN, CUP AND PLAN, CONDITIONAL USE PERMIT, AND ZONING VARIANCE FOR ORDINANCE VARIANCE FOR BRADLEY H. WHITE FOR GLEASON GLEASON NORTHSHORE" (90040). NORTHSHORE (90040) Item *8-A Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, H;SOLUTION I -454 seconded by Councilmember Zitur, to adopt APPROVING LOT RESOLUTION NO. 90-454 APPROVING LOT DIVISION/ DIVISION/CONSOLIDATION FOR BRADLEY H. WHITE FOR CONSOLIDATION FOR GLEASON NORTHSHORE" (90040). GLEASON NORTHSHORE 90040) Motion carried on a roll call vote, five ayes. Item *8-A MOTION was made by Councilmember Vasiliou, USOLu_TI-W-K-_451 seconded by Councilmember Zitur, "to adopt SETTING CONDITIONS RESOLUTION NO. 90-455 SETTING CONDITIONS TO BE TO BE MET PRIOR TO MET PRIOR TO FILING OF AND RELATED TO LOT FILING (90C40) DIVISION/CONSOLIDATION FOR BRADLEY H. WHITE FOR Item *8-A GIZASON NORTHSHORE" (90040). Motion carried on a roll call vote, five ayej. MOTION was made by Councilmember Vasiliou, seconded by Coun^ilmember Zitur, to adopt RESOLUTION NO. 90-456 APPROVING LOT CONSOLIDATION FOR LAUKKA-WILLIAMS DEVELOPMENT COMPANY FOR PARKERS LAKE 3RD ADDITION" FOR PROPERTY LOCATED AT 15610 17TH PLACE NORTH (90043) (RPUD 83-1). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-457 SETTING CO'IDITIONS TO BE MEAT PRIOR TO FILING OF AND RELAT'D TO LOT CONSOLIDATION FOR LAUKKA-WILLIAMS DEVELOPMENT COMPANY FOR "PARXERS LAKE 3RD ADDTTION" FOR PROPERTY LOCATED AT 15610 17TH PL C"*E NORTH 90043) (RPUD 83-1). Motion carried on a roll call vote, five dyes. MaQW719K 2U-456 APPROVING LOT CONSOLIDATION IN PARKERS LAKE 3RD ADDITION (90043) Item *8-B RMQL. IQN_ 94-457 SETTING CONDITIONS TO BE ME'.' PRIOR TO FILING (90043) Item *8-B Regular Council Meeting August i, 1990 Page 293 Community Development Director Tremor* stated that because of the City's papulation growth, Plymouth is eligible to be designated a Metropolitan City". This would recognize the City as an entitlement City eligible to transact directly with HUD with respect to Community Development Block Grant (CDBG) funds and programs. Director Tremere stated several potential advantages of accepting the deeignati n hmve been identified. There axe no apparent disadvantages. The Housing and Redevelopment Authority has recommended that the Council accept this designation. MOTION was made by Councilmember Zitur, seconded by Courcilmember Vasiliou, to adopt RESOLUTION NO. 90-458 DIRECTING TRANSMITTAL TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND HENNEPIN COUNTY REGARDING DESIGNATION AS "METROPOLITAN CITY" FOR PURPOSES OF COMM1JNITY DEVE"LOPMENT BLOCK GRANT PROGRAM. Motion carried on a roll call vote, five ayes. Director Moore requested direction from the Council on whether the City should make an application to the Department of Natural Resources to modify they permit for the constructi:+n of Schmidt Lake Road in order that a berm can be constructed along the south,'rly right-of-way, as petitioned by the four adjacent property owners. The construction of the berm would require additional permanent encroachment in the wetland. Tim Ferrara, 10410 49th Aven•ie North, stated he purchased his property in 1989 because of the adjacent wetlands. He is opposed to the berm because there would be further destruction of the wetlands. A berm may also cause safety problems and change the existing drainage patterns. Mr. Ferrara suggested that trees could provide the same separation as a berm between the road and adjacent homes. He stated a berm is being planned on the abutting Graham ptrcel. Councilmember Vasiliou asked staff if the Graham proposal includes a berm. RESOLUTION 94-458 ACCEPTING DESIGNATION AS METROPOLITAN CITY FOR CDBG PROGRAM Item 8-C Petition for Berm along Schmidt Lake Road Item 8-D Regular Council Meeting August 6, 1990 Page 294 Director Moore stated the preliminary plat previously approved by the Council did not propose a berm. Larry Geyerman, 10400 49th Avenue North, stated he doewn't care whether or not the berm is installed because it does not affect his property. He suggofted that homeowners' privacy and land values could be maintained through the use of fencing or •,-ragatation. Mr. Geyerman stated that if a berm were installed, the drainage pattern would change. He would be willing to allow the ponding of water resulting from this change to occur on his proRzrty if compensated. Jim Campbell, 10500 49th Avenue North, spoke in favor of the berm. He stated the berm would deflect vehic`.s lights and property values would be maintained. Mr. Campbell stated another oF:ion would be inatalletion of a fence. Councilmember Vasiliou asked if the City a4reed to a berm as part of the settlements with property owners along Schmidt Lake Road. Atr.arney Thomson responded that a berm was not ncInded in any of the settlements. Cha. -les Ekstrum, 10430 49th Avenue North, spoke in favor of the berm to ,alleviate the potential noise problem from vehiclos along Schmidt Lake Road. Mr. Ekstrum atatei that the adjacent developer, Mr. Graham, indicated that he is goinq to propose a berm on both sides of Schmidt Lake R.jad adjacent to his development. Mr. Ekstrum stated the DNR will not allow individuals a permit for encroactment into the watland to construct a berm, that is why f -1--.a City is being requested to apply fox a permit. Councilmember Vasiliou asked what the size and coat of the propo&ed harm wou'.d be. Director Moore stated the ;germ would be four to five feet high and ex*ena about 300 feet along the four lots, with a total width of about 30 feet. HG could not provide a cost estimate for Regular Council Meeting August 6, 1990 Page 295 the ps^fect without receiving an engineer's estimrtd . Marge Runnakko. 10440 49th Avenue north, was in favor of the berm. She asked if Schmidt Lake Road is going to connect with I-494 and stated a berm is needed for protection from the vehicle lights and noise. Director Moore stated the City's Thoroughfare Guide Plan shows the need for a future interchange at Schmidt Lake Road and I-494. Bob Mattson, 10420 49th Avenue North, stated he supports the berm to protect property owners from vehicle noise. In response to a question by Councilmember Zitur, Director Moore explained that the City received a permit for temporary encroachment in order to construct Schmidt Lake Road. The DNR permit would have to be amended in order to have permanent encroachment for a berm. Councilmember Helliwell stated it is unreasonable to require the property owners to maintain ,-.r. property adjacent to the road if a berm is not installed. Some owners would have to go from their homes on 49th Avenue to Saratoga Lane and back on Schmidt Lake Road in order to maintain the rear of their property. Mayor Bergman stated there are similar maintenance situations in the City. He stated he would like to do something for noise abatement in this situation. Councilmember Vasiliou questioned how this situation differs from other developments in the City where the homeowners or developer handle noise abatement through p?antings or fences. She stated approval of a berm in this situation could set a precedent for future similar requests. Councilmember Ricker stated he would like to do everything possible to mitigate the negative effects of the road, but he is not in favor of a berm. 0 Regular Council Meeting August 6, 1990 Page 296 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to not apply for a permit to allow construction of a berm along the southerly right-of-way adjacent to four properties on Schmidt Lake Road. Staff is directed to meet with the neighbors to find an alternative solution to mitigate the effects of the road. Motion carried, rive ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-459 AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT AS A PART OF THE JOINT COOPERATION AGREEMENT WITH URBAN HENNEPIN COUNTY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR XVI. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-460 APPROVING LOT DIVISION AND VARIANCE FOR RICHARD CHOUINARD FOR PROPERTY LOCATED AT 2120 LANCASTER LANE NORTH (90048). Motior carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zititr, to adopt RESOLUTION NO. 90-461 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND VARIANCE FOR RICHARD CHOUINARD FOR PROPERTY LOCATED AT 2120 LANCASTER LANE NORTH 90048). Motion carried on t roll call vote, five ayes. RESOLUTION 90-459 AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY FOR CDBG PROGRAM Item *8-E U20LUT ION I"- fig APPROVING LOT DIVISION .AND VARIANCE FOR RICHARD CHOUINARD 90048) Item *8-F RESOLUTION 90-9fil SETTING CONDITIONS TO BE MLT PRIOR TO TILING (90048) Item *8-F 1E Regular Council Meeting August 6, 1990 Page 297 NOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-452 APPROVING AMENDED RPUD PRELIMINARY PLAN/CONDITIONAL USE PERMIT ANL FINAL SITE PLAN FOR CSM CORPORATIOA FOR "BASS LAKE HILLS" (90054) (RPUD 88-5). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-463 APPROVING LOT DIVISION AND VARIANCE FOR JOANNE SCOHULER FOR PROPERTY LOCATED AT 2355 HEMLOCK LANE AND V56 IVES LANE (90055). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-464 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND ZONING ORDINANCE VARIANCES FOR JOANNE SCHULER FOR PROPERTY LOCATED AT 2355 HEMLOCK Lr1NE AND 2356 IVES LANE (90055). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-465 APPROVING PRELIMINARt PLAT FOR VERN REYNOLDS CONSTRUCTION COMPANY FOR "BASS LAKE TERRACE" (90050). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt ORDINANCE NO. 90-23 AMENDING THE ZONING ORDINANCE TO CLASSIFY LANDS LOCATED EAST OF I-494 AND NORTH OF THE SOO LINE RAILROAD AS R-2 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT. Motion carried on a roil call vote, five ayes. 8ESO UTIO 462 APPROVING AMENDED RPUD PREL. P LAN / CUP AND FINAL SITE PLAN FOR BASS LAKE HILLS 90054) (RPUD 08- 5) Item *8-G RESQLVTIQN 90-463 APPROVING LOT DIVISION AND VARIANCE FOR JOANNE SCHULER (90055) Item *8-H RESQLUTION 9Q-.464 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90055) Item *8-H RESOLUTION 90-465 APPROVING PRELIMINARY PLAT FOR BASS LAKE TERRACE 90050) Item *8-I OnINMU 90--23 AMENDING THE ZONING ORDINANCE FOR BASS LAKE TERRACE 90050) Item *8-I 0 Regular Council t4eeting August 6, 1990 Page 298 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-466 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR VERN REYNOLDS CONSTRUCTION COMPANY FOR PASS LAKE TERRACE" (90050). Motion carried on a roll call vote, five ayes. Community Development Director Tremere stated the ilanning Cot•mission, on a unanimous vote, recommended approval of the request of Rya.i Construction Company to amend the Land Use Guide Plan changing the classification of an approximate 1.2 acre parcel at Waterford Plaza from CL (Office Limitdd Business) District to CS Service Business) District. Staff recommended denial of the Land Use Guide Plan amendment on the basis that the existing CL District Guide Plan meet9 the locational criteria of the Land Use Guide Plan for this location better than the proposed CS District classification. The CL District land use classification is the preferred designation for "gateway" locations of Ghe community. He stated the original PUD Plan did not contemplate CS uses in this location. That Plan served as the basis for the Council's approval of Tax Increment Financing for improvements related to the project. Direct -or Tremere stated the Guide Plan Amendment requires a 4/5 votA. He suggested the Council first consider that request and, if approved, then consider the balance of the application. Director Tremere responded to questions about the site plan that the proposed plans provide for side yard setback dimensions less than the Ordinance standarc s. While assign flexibility is available with a PUL, theOrdinance requires a showing of corresponding design attributes in exchange for flexibility. Thi Planning Commission made a condition of the plan and plat approval that the lot created for the restaurant be 16 feet wider in the east -west dimension so that no Zoning Ordinance sotback deviations are required. Also, the zoning of LhA development would permit the restaurant in the shopping center itself as an alternative. PZ30LUTION 90-06 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90050) Item *8•-I Ryan Construction Requests to Allow Arby's at Waterford Plaza Item 8-J Regular Council Meeting August 6, 1990 Page 299 Bill McHale, 900 2nd Avenue, Minneapolis, presented the request of Ryan Construction. Mr. McHale showed pictures of the proposed restaurant. He stated this is an appropriate use of this property and fits the "gateway" image. Mayor Bergman asked Mr. McHale to explain the setback dimensions. Mr. McHale stated the overall open space requirement for the si-c* is exceeded. They are proposing this plan in order that the restaurant and a future adjacent building could share a parking lot. He stated there would be 16' of green space until the future building and balance of the parking lot is constructed. The Zoning 7rdinance allows for shared driving and parking areas. Director Tremere agreed that shared parking is allowable, however, an entirely different parking and driving configuration may be needed with a future adjacent development. The feasibility of a shared parking lot should be proven %lien the future development is proposed. Meanwhile, each site should support the development proposed on the site; the ordinance assumes that is the care before shared parking and driving are allowed. Attorney Thomson stated that if the Council does not want to require relocation of the property line, as recommended, Condition 7 should be deleted in the resolution approving the amended MPUD Preliminary Plan/Plat and substituted with a requirement for a written agreement as to the use of the 16 feet. Councilmember Vasiliou stated she supports the Planning Commission recommendation on the guiding because it allows the flexibility aspect of the PUD to be used. She stated that over 50% of fast food" restaurant business 13 usually through the drive-through service; therefore, this use would not work in a shopping center. Councilmember Vasiliou stated she feels the ITT office buildings more than meet the City's desired "gateway" image. She supported the petitiorer's request on the site plan and noted Regular Council Meeting August 6, 1990 Page 300 that the Council would have the option of denying the future shared parking request when the adjacent development proposal is made. Councilmember Zitur stated he will not support the request because he does not believe a fast food establishment is appropriate for TIF projects * Mr. McHale stated TIF was originally proposed to accommodate the office buildings. Even though this site is in the district, there ie no TIF benefit spwcifically directed to the restaurant project. Councilmember Ricker stated the setback issue could be resolved later and the City's interests could be covered by the agreement offered by the petitioner and referenced by the Attorney. The Mayor stated the proposed use was not an abuse of TIF. MOTION was made by Councilmember Vasiliou, jeconded by Mayor Bergman, to adopt a resolution entitled: RESOLUTION APPROVING LAND USE GUIDE PLAN AMENDMENT FOR RYAN CONSTRUCTION COMPANY FOP. WATERFORD PARK PLAZA 2ND ADDITION" LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE (90052) QeUD 86-1), Motion failed for lack of a 4/5 vote: Vasiliou, Ricker, Bergman ayes; Helliwell and Zitur nays. The City Attorney summarized the reasons for denial: 1. The existing classification (CL) is mote responsive than the proposed classification CS) to the locational characteriptics of the site, specifically the "gateway" charai%teristic . 2. Nc lack of developed or undeveloped land of the CS classification has been demonstrated. 3. Existi.g developed and undeveloped land in the CS and CR classification will be negatively affected by this reclassification. 0 Regular Council Meeting August 6, 1990 Page 301 Councilmembers Zitur and Helliwell concurred. Community Development Director Tremere stated the Planning Commission unanimously recommended appzoval of the request of Lowry Hill Development Company for amendment to the Sanitary Sewer Zlement of the Comprehensive Plan to relocate land in the northeast quadrant of Holly Lane and 1County Read 9 from one sewer district to another 90056). Staff recommends denial on the basis that no need exists for additional land to be serviced beyond the area that will bo serviced in the 1990 trunk sewer extension progrzan. Staff recommends denial on the finds this request to be a circumvention of the City's Capital Improvements Program process, and is not the result of unique site characteristics. Rick Sabhre, Sathre-Bergquist, Inc., represented Lowry Hill Development Company. He presented the request to Trove about 38 acres at Holly Lane and County toad 9 from Sewer District NW -18 to Sewer District NW -17, and to permit access to the Metropo'itan Waste Control Commission Medina Interceptor trunk sewer. Mr. Sathre stated that until recently this area was outside of the City's Urban Service Area. City approval of this regv.est would allow development in thij area without the expenditure of money for City trunk lines until further deoalopment occurs. Public; Works Director Moore recommended that the Council designate responsibility for construction and payment of the sewer if the request is approved. He recommended that the trunk sewer be extendad prior to conAtructi.on of homes to avoid problems. Lirector Tremere clarified Conditions 2 ar:d 3 of the draft approving resolution; they ace n.t. compatible +:i that No. 3 is referring to u separate main. Manager Willis stated that if Lowry Hill develops without the installation of the planned City trunk sewer, it will be difficult getting services to the golf course property to the north at some point in the future. He recommended that Lowry Hill Development Co. Request to Relocate Land to Different Sewer District Item 8-K Regular Council Meeting August Cr 1990 Page 302 the Council ,not approve temporary facilities owned by the Waste Control Commission because a future capital expenditure will still have to be made. Manager Willis suggested the Council order the preliminary engineering study on the trunk sewer necessary to serve the property. Mr. Sathre requested that the Council approve the petitioner's request and simultaneously proceed with the engineering study. Councilmember Ricker asked if there have been any similar requests approved by the Council. Director Moore stated this is the first request received. Bernard Harr, 11670 61st Ave supports the Condition in t resolution which states the responsible for construction the sewer. nue North, stated he he proposed approving petitioners shall be and full payment for MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-467 APPROVING COMPREHENSIVE PLAN AMENDMENTS FOR LOWRY HILTS DEVELOPMENT COMPANY 90056), deleting Condition No,, 2. MOTION to amend the main motion was made Councilmember Ricker, seconded by Mayor that Condition 3 be amended to include: to a Preliminary Engineering Report and to adoption of the Capital Improvements for 1991." Motion to amend carried, five ayes. Main motion carried on a roll call vote, aye'. by Bergman, subject subject Program five Staff was directed to prepare a resolution ordering a Preliminary engineering report for extension of trunk sanitary sewer to serve the NW --17 District for Council consideration at the next meeting. 0 Regular Council Meeting August 6, 1990 Page 303 MOTION teas made by Councilmember Vasiliou, EKSQLUTION 20-468 seconded by Councilmember Zitur, to adopt APPROVING FINAL RESOLUTION NO. 90-468 APPROVING FINAL PLAT AND PLAT DEVELOPMENT CONTRACT FOR LT314DGREN BROTHEaRS AND DEVELOPMENT CONSTI*UCTION COMPANY, INC. FOR "STEEPLECHASE 8TH CONTRACT FOR ADDITION" (90066) (MPUD 83-1). STEEPLECHASE 8TH ADDITION Motion carried on a roll call vete, five ayes. Item *8-L MOTION was made by Councilmember Vasiliou, MUMON 94.7469 seconded by Councilmember Zitur, to adcpt SETTING CONDITIONS RESOLUTION NO, 90-469 SETTING CONDITIONS TO BE TO BE MET PRIOR MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FILING (90068) FOR LUNDGREN BROTHERS CONSTRUC-:ION COMPANY, INC. Item *8-L FOR "STEEPLECHASE 8TH ADDITION" 190068) (MPUD 83- 1). Motion carried on a roll call vote, t ve ayes. MOTION was trade by Councilmember Vasiliou. MOLUTION 90-470 seconded by Councilmember Zitur, to adopt ADOPTING RESOLUTION NO. 90-470 ADOPTING ASSESS`ENTS, ASSESSMENTS, PROJECT NO. 039, WATERMAIN AREA - STEEPLECHASE PROJECT 8TH ADnITION. NO. 039 Item *8-L Motion carried on a roll call vote, five ayes. MOTION was made by Councilnember Vasiliou, MOLUTION 90-471 seconded by Councilmember Zitur, to adopt ADOPTING RESOLUTION NO. 90-471 ADOPTING ASSESSMENTS, ASSESSMENTS, PROJECT NO. 038, WATERMAIN (814) - STEEPLECHASE PROJECT 8TH ADDITION. NO. 038 Item *8-L Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, MQLUTIQN.. -472 seconded by Councilmembor Zitur, to adopt APPROVING LA I USE RLSOLUTION NO. 90-472 APPROVING LAND USE GUIDE GUIDE PLAN PLAN AMENDMENT FOR THE CITE' OF PLYMOUTH (90031). AMENDMENT FOR THE CITY OF Motion carried on a roll call vote, five ayes. PLYMOUTH (90031) Item *8-M MOTION was made by Councilmember Vasiliou, RESOLUTION 9.0-473 seconded by Councilmember Zitur, to adopt ORDERING ABATEMENT RESOLUTION NO. 90-473 ORDERING ABATEMENT OF OF HAZARDOUS HAZARDOUS CONDITIONS EXISTING AT 2725 KIRKWOOD STRUCTURE AT 2725 LANE IN THE CITY OF PLYMOUTH. KIRKWOOD LANE y0. Item *8-N Motion carried on a roll call vete, five ayes. Regular Council Meeting August o, 1990 Page 304 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt. RRSOLUTION NO. 90-474 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A DRAINAGE EASEMENT FOR PONDING PURPOSES OUTLOT A - STEEPLECHASE 5TH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt MSOLUTION NO. 90-47. AUTHORIZING REQUEST FOR PAYMENT NO. 16, 10TH AVENUE AND REVERE LXNE AREA, CITY PROJECT NO'S 815/648. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Z?.tvr, to adopt RESOLUTION NO. 90-475 RECEIVE, PETITION AND INCLUDE AS PART OF MEDINA ROAD IMPROVEMENTS, CITY PROJECT N0, 010. Motion carried on a roll call vote, five ayes. MOTIO?' was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. !'0-477 RECEIVING PRELIMINARY ENGINEERING REPORT AND REFERRING REPORT TO THF SPECIAL ASSESSN.ENT COMMITTEE, MEDINA ROAD STRLET IMPRO17MNTS, CITY PROJECT N0, 010. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-478 RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, SCKMIDT GARDENS ADDITION NATERMAIN, CITY PROJECT NO. 034. Motica carried on a roll call votes, iive ayes. MOTION was macre by Councilmember Vasiliou, seconded by Councilmembor Zitur, to defer award of contract for Rockford Road Plaza Improvements, Project 948, to August 20 at the staff's and affected property owner's request. Motion carried on a roll call vote, five ayes. RF93OLSiINN .20 - 47 4 SETTING HEARING ON VACATION OF EASEMENT IN STEEPLECHASE 5TH ADDITION Item *8-0 SQLUTION _ k- ll PAYMENT NO. 161 PROJECT 815/648 Item *8-P FSOLUTION _24._ i?fi RECEIVE PETITION PROJECT NO. 010 Item *8-Q i&34 UT10 91-477 RECEIVING PRHL. ENG. REPORT PROJECT NO. 010 Item *8-R MOLUTIM U-:1 70 SETTING HEARING ON PROJECT NO. 034 Item *8-S Defer Award of Contract for Project 948 Item *8-T-1 Aeqular Council Meting Auquoit 6, 1990 Page 303 MOTION was made by Councilmember Vasiliou, F=LUTIOR lk7A 9 seconded by Councilmember Zitur, to adopt AWARDING BID 45TH/ rASOLUTION NO. 90--479 AWARDING BID 45TH/46TH 46TH AVENUE TRAIT. AVENUE TRAIL, CITY PROJECT NO, 024, PROJECT NO. 024 Item *8-T-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, USQLUUQN 94-40Q seccaded by Councilmember Zitur, to adopt AUTHORIZING RESOLUTION NO. 90-480 AUTHORIZING AN AGREEMENT AGREEMENT WITH WITH THE CHICAGO AND NORTHWESTERN TRANSPORTATION CHICAGO AND COMPANY TO WIDEN THE WEST MEDICINE LAKE TRAIL NORTHWESTERN FOR DRIVE STREET CROSSING OF THE RAILROAD TRACKS PROJECT N0, 931 SOUTH OF EVERGREEN LANE, CITY PROJECT NO. 931. Item x8 -U-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RLSQ1 T1QN 90-481 seconded by Councilmember Zitur, to adopt CONSTRUCTION RESOLUTION NO. 90-481 CONSTRUCTION COOPERATIVE COOPERATIVE AGREEMENT, COUNTY ROAD 9 - I-494 TO NORTHWEST AGREEMENT BOULEVARD, CITY PROJECT NO. 948. PROJECT 948 Item *8-U-2 Motion carried on a roll call vote, give ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 94-482 seconded by Councilmember Zitur, to adopt INSTATIATION OF RESOLUTION NO. 90-482 INSTALLATION OF TRAFFIC TRAP IC SIGNAL, SIGNAL, COUNTY ROAD 9 AND ANNAPOLIS LANE, PROJECT PROJECT NO. 941 NO. 941. Item *8-V Motion carried on a roll call votes, five ayes. MOTION was made by Councilmember Vasiliou, PM9 UTION 99-483 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-483 REDUCING DEVELOPMENT BOND, DEVELOPMENT FOX RUN 5TH ADDITION (89058). BOND, FOX RUN 5TH ADDITION (89058) Motioc carried on a roll call vote, five ayes. Item *8-W-1 MOTION was made by Councilmember Vasiliou, USQLMON 90-484 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-484 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, STEEPLECHASE I TH ADDITION (90008). (90008) Item *8-W-2 Motion carried on a roll call vote, five ayes. Regular Council Meeting August 6, 1990 Page 306 MOTION was made by Councilmember Vasiliou, gw34LUTI0I -4t5 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION N0. 90-485 REDUCING DEVELOPMENT BOND, DEVELOPMENT WATERFORD PARR PLAZA ADDITION ( 8 7') 2 7) . BOND, ( 8 7 0 2 7 ) Item *8-W-3 Motion carried on a roll call vote, five ayes. NOTION was made by Councilmember Vasiliou, bu=TZON-20-486 seconded by Counciimember Zitur, to adopt APPROVING RESOLUTION NO. 90-466 APPROVING STIPULATION OF STIPULATION OF SETTLZMENT, PLYMOUTH VERSUS WILLIAM J. CAVANAUGH, SSTTLEMENT CITY PROJECT N0. 853. °ROJECT 053 Item *6-X-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTML-24-497 asconded by Councilmember Zitur, to adopt APPROVING RESOLUTION NO. 90-467 STIPULATION OF AGREFJZNT, STIPULATION CITY VZRSUS 18 LIMITED PARTNERSHIP, CITY PROJECT OF SETTLEMENT NO. 648. PROJECT 648 Item *8-X-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, MQLUUQH 9Q-4" seconded by Councilmember Zitur, to adopt APPROVAL OF RESOLUTION NO. 90-488 APPROVAL OF EASEMENT, EASEMENT, SWAN NORTHWESTERN BELL TELEPHONE COMPANY, OUTLOT A - LAKE SWAN LAKE NEST ADDITION. NEST ADDITION Item *8-Y Motion carried on a roll call vote, five eyes. MOTION was made by Councilmember VasiliGj, BAS=TION 90-469 seconded by Councilmember Zitur, to adopt APPROVING NO RESOLUTION NO. 90-489 APPROVING THE PLACEMB'WT OF PARKING NO PARKING" SIGNS ON DUNKIPK LANE SOUTH OF ON DUNKIRk7 LANE COUNTY ROAD 47, SLS UTH OF C . R . 47 Item *8-Z Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, O.VINANCK 90-24 seconded by Councilmember Zitur, to adopt: EMENDING SECTION ORDINANCE NO. 90-24 AMENDING SECTION 710 RELATING 7.10 TO GENERAL REQUIREMENT:. SUBDIVISION 2 ^F 6MCAR OF THr "ITY CODE 4.8040 OF THE CITY CODE RELATING TO SEWAI3F Item '-AA-' TREATMENT SYSTEM STANDARDS. Motion carried on a roil call vote, five ayes. 0 Regular Council Meeting August 6, 1990 Page 307 MOTION was made by Councilmember Vasiliou, QW-OMM -9Q=25. seconded by Councilmember Zitur, to adopt AMENDING SECTION ORDINANCE NO. 90-25 AMENDING SUBSECTION 500.05 OF 500.05 OF THS CITY THE PLYMOUTH CITY CODE; RELATING TO PROCEDURES CODE FOR SUBDIVIDING AND PLATTING LAND. Item *8 -AA -2 Motion carried on a roll call vote, Five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 3 -Q --42Q seconded by Councilmember Zitur, to adopt APPROVING RESOLUTION NO. 90-490 APPROVING 1990 CIGARETTE CIGARETTE LICENSE LICENSE APPLICATION. Item *8 -BB Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, == 10 _2 -07 -In seconded by Councilment er Zitur, to adopt APPOINTING JUDGES RESOLUTION NO. 90-491 APPOINTINU ELECTION JUDGES FOR PRIMARY FOR PRIMARY ELECTION ON SEPTEMBER 11, 1990. ELECTION Item *8 -CC Motion carried on a roll call vote, five ayes. MOTION wa& made by Councilmember Vasiliou, UNLUTION 90-.492. seconded by Councilmember Zitur, to adopt ADOPTING REVISED RESOLUTION NO. 90-49' ADOPTING REVISED AND WATER DISTRIBUTION UPDATED WATER DISTRT'AITION COMPREHENSIVE PLAN COMPREHENSIVE PLAN ELEMENT. ELEMENT Item *8 -DD Motion carried on a roll cell vote. five ayes. The City Council recr.ived the quarterly civil Litig%tion Report litigation report. Item 9-.`. Manager Willis presented a list of discussion Study SesT!..-, and topics and joint meetings that the Council has Joint Meetj":. previous inuicated an interest in holdi_ig. The Item 9-B Council directed that this item be placed on the August 20 agenda for discussion. MOTION was made by Councilmember Ricker, seconded QRpiNA1QF 90-.26 by Mayor Bergman, to adopt ORDINANCE 140. 90-26 REQUIRING RUBBISH PERTAINING TO HEI.TH AND WELFARE AND ADDING A NEW ENCLOSURE AT SUBSECTION TO PLYMOUTH CITY CODE SECTION 500. CONSTRUCTION SITES Item 9-C C0IM1u11 { t Development Director Tremere stated Chia ordinance would require an enclosure or container on construction sites to prevent littering of the site and adjAcent areas. is Regular Council Meeting August 6, 1990 Page 308 Mayor Bergman asked how enforcement Mould be accomplished. Attorney Thomson explained that a violation would be a misdemeanor for which a tag could be issued to the building permitee or their contractor by a Community Service Officer or Police Officer, Director Tremere further explained that the City will publicize the new ordinance and building inspectors will warn contractors of possible violations. Motion carried on a roll call vote, five ayes. Manager Willis presented a staff report on possible steps to advise private property ownero of public or private facilities planned for an area which may be perceives as disruptive or obtrusive, Attorney Thomson stated that notification by signs swims to be the most effective option. Manayar Willis stated that potential owners are more likely to see a sign on adjacent property than a recorded notice o: plann,;d uses in homeowner association cr title documents. The Council directed that the issue be forwarded to the developers council fir review and input. Notice of Private and Public Facilities Item 9-D Public Works Dixector Moore presented reports and Special. Assessment recommendaticne of the Special Assessment Committee Report Committee on four improvement projects: Item 9-9 ProJect 144 The Committee believes the project benefits the drainage area and there should be assessments for the improvement to the entire drainage area at the rates of 1.50 per square foot of land area or $300 per developed lot. The Committee further recommends that the Council establish the public improvement hearing for the project. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-493 CALLING FOR HEARING ON IMPROVEMENTS, STORM WATER DRAINAGE POND BC --P11 CIVI PROJECT N0, 016. Motion carried on a roll call vote, five ayes. RESOLUT10 90-493 SETTING HEARING FOR PROJECT NO. 016 Item 4-E-1 1 Regular Council Meeting August 6, 1990 Page 309 RXgjg Ct_o. 012, aunty Road 101 2 K tin: The Committee recommend.a that this project is necessary for the continued development of Plymouth. A determination does not have to be made at this time; however, the following are recommendations: 1. On any properties which currently have a single family home and are homesteaded property; that the assessment be defesred for a period of three years. During this three year period, the assessment would accumulate interest. 2. That the single family properties be assessed for only 165 feet of frontage and for one unit of water aria. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-494 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, COUNTY ROAD 101/COUNTY ROAD 9/TRUNK WATERMAIN, CITY PROJECT NO. 012. Motion carried on a roll call vote, five ayes. Pr,..Q_KQject_. -0158 ' orthgentral .n.runk-%JanJtAry Sever: The Committee recommends that the assessments be for sanitary sew%ar area charges in acccrdance with the currently adopted rate. This data will be used when preparing information for the public hearing. Pro Jec16 Northwest B1yd J,irhmidt LakQ Road Arca J rovements: The Committee recoLmends adoption of a resolution setting a public improvement hearing for the project:. RESO UTION 90-494 RDERING PROJECT 012 Item 9-E-2 Item 9-E-3 MOTION was made by Councilmember Va,giliou, ==210H _20-925 seconded by Councilmember Ricker, to adopt 01TTING HEARING ON RESOLUTION NO. 90-495 CALLING FOR HK%rING ON rROJECT NO. 011 IMPROVEMENTS, NORTHWEST BOULEVARD/SC11MIDT LAKE Item 9-E-4 ROAD AREA STREET AND UTILITY IMPROVEMENTS, CITE PROJECT NO. 011. Motion carried on a roll call vote, four ayes; Helliwell nay, is C7 Regular CounC 1 Meeting August 6, 1990 Page 310 Mayor Bergman reques•ed that the Council consider refund of the conditional use permit application fee for Joseph Strait. He is on a limited income and apparently wishes to withdraw his mplication. Commun.'.ty Development Director Tremere stated he was unaware that the application wishes to withdraw the application, MOTION was made by Councilmember Ricker, secon4ed by Mayor Bergman, to direct staff to refund the conditional use permit application fee to Joseph Strait, upon receipt of his request to witt:draw the application. Motion carried, five ayes. Councilmember Vasiliou referred to the kings North Addition drainage concerns. She requested that the City Attorney provide direction on what action can be taken in this type of situation by the City and by developwre and owners. She requested that the Attor,iey address whether the City can take punitive actions through other development approval procedures involving the same builder who is respo.zible for problems in other areas, as well as standard enforcement tools. Councilmember Vasiliou slated she would like the Council to considea the nse of drainage swales. She %eked whether this is "up-to-date engineering" and what other alternatives are available. Director. Moore stated tht, Preferable a14 arnative in most cases in pipe in, tallation, 1ji Lhe future he will point out whether swales are being proposed in preliminary plats for Council consideration, Councilmember Vasiliou stated representatives of the City of St. Louis Park meet with i %l estate office managers to discuss disclosure requirements. She suggested this is a proactive atop the City perhaps should consider. Refund of Conditional Use Permit Application Fee Request for Attorney's Opin Lon on Recourse for Builder Error Swales Disclosure Requirements IE 0 Regular Council Meeting August 6, 1990 Page 311 Councilmember Zitur the percent of the Plymouth residents 2700 requested he be provided with School District school district levy funded by Levy for Districts 281, 279, and Councilmember Zitur suggested that the Council consider establishment of a Mater Quality Commission that could review issues like E•arasian Milfoil and jet ski revelations. He requested that the City obtain a copy of a proposed jet ski ordinance from the City of Maple Grove. Ma,:ager Willis stated staff will provide a report on possible establishment of such a commission at a future Councilmember Zitur asked the City Attorney to provide a report on owners' rights relating to deed covenants and steps for enforcement, Councilmember Zitur asked if Len Busch Roses has had its lights )a recently. Director Tremere stated he had spoken with Mr. Busch last week. Mr. Busch indicated that he had 8-9 lights on one night for special plant species. Councilmember Vasiliou asked that staff pursue enforcement if there are any violations of the plan approved by the Council. Councilmember Zitur asked that staff report on the status of the Pineview Lane railroad arm, Councilmember Zitur asked that the City Manager provide a recommendation on how customer complaints and allegations can be resolved. Manager Willis stated the Chelsea Mews Association has been approached regarding extension of the trail as previously directed by the Council. The Association is not interested in granting the City the right to construct the trail. Councilmember Helliwell stated this is a dangerous situation because of the barbed wire currently in place. Mater Quality Commission Enforcement of Covenants Len Busch Roses Pineview Arm Railroad Customer Service Chelsea Mews Trail Extension Regular Council Meeting August 6, 1990 Page 312 IC7 Councilmember Vasiliou asked if this extension is part of the City's trail plan and what options are available. Manager Willis stated it is part of the City's trail plan. The City could condemn the land needed for the trail extension, however, he felt it was better for the Chelsea Woods homeowners to resolve among themselves if they wantad the trail extended. Manager Willis presented the Council with an Invitation from Senator Boschwits to attend the State Fair for "Plymouth Day" on August 31. Mayor Bergman adjourned the meeting at 12:20 p.m. City Clerk State Fair - Plymouth Day