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HomeMy WebLinkAboutCity Council Minutes 09-10-1990MI W-JTES REGULAR COUNCIL MEETING SE?TEM ER 101 1990 The regular meeting of the Plymouth was called to order by Miyor Bergmar, in the Council Chambdrs of the City 3400 Plymouth Blvd. on September 10, City Council at 7:00 p.m. Center at 1990. PRESENT; Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zit.ur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development jirector Tremere, Public Works Director Moore, ,ity Attorney Thomson, and City Clerk Rauenhorst Mayor Bergman presented a $400 check to David and Sarah McDermott for wiianing the "It's Not Trash, It's Cash" Recycling Contest. CONSENT ALGWDA Items 8R, 8-P, and 8-U were removed from the Consent Agenda. Item 8-K was added t, f .e Consent Agenda. MOTION was made roy Councilmember Zi- t-, se4onded by Councilmember Vasiliou, to approv" ,_he t'c'n.3s:1` Agenda as amended. Motion carried on a roll call vote, five ayes. Recycling Item 4-A Winners Consent Agenda Item 5 MOTION was made by Councilmember Zitur, seconded Minutes by Councilmember Vasiliou, to approve the minutes Item *6 of the August 20, 1990, meeting. Motion carried on a roll call vote, five ayes. FOLIC HEMINGS Mayor Bergman opened a public hearing at 7:09 p.m. on vacation of a drainage easement for Regular Council Meeting September 10, 1990 Page 338 ponding in Steeplechase 5th Addition. No one appeared, and the hearing was closed at 7:09 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-539 AUTHORIZING THE VACATION CF DRAINAGE EASEMENTS FOR PONDING IN 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 itESOLUTION NO. 90-540 SETTING C:C)NDITIONS TO SE MET PRIOR TO FILING OF RESOLUTION NO. 90-539 VACATING THE DRAINAGE EASEM14T FOR YONDINC WITHIN OUTLOT A - STEEPLECHASE 51'H ADDITION. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public: improvement hearing at 7:10 p.m. on the Schmidt Gardens Natermain, Project 034. Manager Willis explained that the proposed project was petitioned by nearly 100% of the property owners in the area. No one appeared for the hearing, and the hearing was closed at 7:11 p.m. MOTION was made by Councilmem`er Vasiliou, seconded by Councilmeyaber Zitur, to adopt RESOLUTION NO. 90-541. ORDERING IMPROVEMENT AND PREPARATION OF PIJ%NS AND SPECIFICATIONS, 43CHMIDT GARDENS WATERMAIN IMPROVEMENTS, CITY PROJLCT NO. 034. Motion carried on it roll call vote, five ayes. Mayor Bergman opened a public improvement hearing at. 7:'2 p.m. on Project 016, Pond BC -P1. Man&ge.:• Willis explained the project was initiated by the City as part of the Capital Improvements Program. Preliminary plats and general development plans have already be«4n approved by the Council for the land adjacent to this ponding area. The existing ponding area has MOLUT10 9.0-;539 AUTHORIZING VACATION OF EASEMENTS 11 STEEPLECHASE 5TH ADDITION Item 7-A P=LU.T10H .90-540 SETTING CONDITIONS TO BE MET PRIOR TO FILING Item I -A RF&MT14H 20-542 ORDERING PROJECT NO. 034, SC:HMIDT GARDENS WA.TERMAIN IMPROVEMENTS Item 7-B Public Improvement Heav:ing, Project. 016, Pond BC -P1 Item 7- C a 2 Regular Council Meetimg September 10, 1990 Page 339 never had an adequate outlet constructed to handle the water generated by the existing developments, Amborwoods/Hughes Johr eon, o:: t'ze additional water which will be generated from the new developments. Bob Meld, 18530 34th Avenue North, asked why residents of Amberwooda will be assessed for drainage from the new development area. He a,so asked if the existing pond or trail will change. Manager Willis stated Amberwoods properties are proposed to be assessed at the same rate ai the land yet to be developed. Both areas are served by this pond. Director Moore stated the pond needs an outlet but will remain relativ.ly unchanged in appearance. The existing trail will remain. Steve Jacobitz, 3520 Urbandale Lane, stated that a city employee visited the site following a heavy rain several years ago. The employee indicated that an outlet did exist but had deteriorated. Director Moore guessed that the reference was to field tile which was not installed by the City. Bill LaTour, 3525 County Road 101, asked if the map shown is accurate, specifically wh•)re it depicts the pond entering onto his property. Manager Millis ,stated the map is rea.sonab13 accurate. Surveying will be done to detorzine the exact location. Mr. LaTour stated the adjacent school was at a lower elevation than this ponding area. They have since excavated the land to about 2 1/2 feet above the trail. He asked if a grading p9xmit was obtained for this work. Director Moore stated he would check if a Trading permit was obtained. It may have been inc:.ided in the site plan approval. Mr. La^our asked if the City will compensat9 the property owners for pipe ineta.11ed on thein Regular Co,.mcil Meeting September 101 1990 Page 340 property. He stated his concern that the pipo be installed deep et.:,ugh so as not t create wat or problems where none now exist. Bob Hanson, 3245 Shadyview Lane, asked if properties on the east side of Shadyview Land will be assessed for this improvement. Director Moore stated drainage water from the east side of Shadyview Lane does not flow into this pond area. That area could be assessed under a future improvement project. No one also appeared for the hearing, and the hearing was closed at 7:33 p.m. MOTION was m.%de by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 90-542 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, STORM NATER DRAINAGE, POND BC -P1, CITY PROJECT N0, 016. Motion carried on a roll call vote, fire ayes. Mayor Bergr un opened a public improvement I:ear•ing at 7:33 p.m. on Project 011, Northwest Blvd./Schmidt Lake Ruad Area impruvements. Manager Willis described the proposed project. He stated that traffic Ltudies undertaken dur:.ng t?.e approval of the Rockford Road Plaz-; Shoppl.ng Center indicated the need fir extending Northwest Boulevard to Schmidt Lake Road and constructing Schmidt Lake Road between Northwest Blvd, and Pineview Lane. Manager Willis stated thAre is a possible futvire interchange at Scheidt Lake Road and I-494. rhe recently adoptect Schmidt Lake Road alignment will require an Environmental. Assessment Worksheet EAN) to ensure adequate steps ar% taken to mitigate effects on the wetlands. It is posy+ble the alignment could changes as 3 result of the MAN. Because this is not a typical residential strict; the City will be funding a major portion of the project. RESOL =V.52-07-5-42 ORDERING PROJECT 016, POND 3C -P1 Item 7-C Public Improvement Hearing Project 011 Item: 7-D Regular Council !Meeting September 10, 1990 Page 341 Linda Gilson, 4930 Pinevi to the City assessing any to the adjacent property project will not benefit devalue it, ow Lane North, objected portion of the project owners. She stated the her property and may Manager Hillis explained it has been the City's policy to aosess abutting properties for public improvements. Ms. Gilson's property is proposed to be assessed for curb &nd gutter imr . •ovements because the property will receive a be efit for water drainage. Randy Juhison, 4650 We Medicine Lake Drive, stated he has no intent of developing nis property which abuts tLe proposed proj+:t, and there is no reason for the project. M-. Johnson stated the trunk sewer and street will not benefit his property. He questioned 11w a road will be constructed through a wetland area that is currently under water. Rick Knapcheck, 4790 Quinwoou Lane North, itat..;d an cast -west road is desperately needtd to alleviate heavy traffic flow Brough he neighborhoods. He encouraged the Co acil to proceed W th the project for safety roasons. Councilmember Road is needed deve:opment of Development at Ziiur concurred that Schmidt now, ,particularly witt. the Bass Lake Playfield and the C.R. 9 and 1-494. Lake Ryan Scott Huuah, 4820 Fineview Lane Nortt:. stated he supports the Schmidt Lake Road const:iction. He is concerned for the safety of chilckien in the abutting neighborhoods because of thi: existing traffic volumes. Mr. Hough encouraiiid the Council to complete Schmidt Lake Roar. before the Ryan d velopment; is completed. Suzanne Sem, 4740 Oakview Lane Northh supported the Schmid Lake Road extension. Scott Pohlman, 4760 nakview Lane Ni-th, supported the Schmidt Lake Road oxtension. Rant:; Begin, 4415 West Mcsdicine Lake Drive, asked if he would be given access to thn proposed ORL a Regular Council Meeting September 10, 1990 Page 342 Northwest Blvd. He asked how the City will compensate for trees taken for the project. Director Moore stated lac. Begin's driveway access would remain as it currently exists. Manager Willio stated any request for compensation will be negotiated as the project progresses. No one else appeared for the hearing, and the hearing was closed at 8:q0 p.m. Councilmember Helliwell stated that even if Schmidt Lake Road is constructed, Pineview Lane will not become a quiet residential street. She also questioned how they road could be built throoigh an area currently underwater. Councilmember Zitur stated the City vannot continue to have development without the supporting roads. MOTION was made by Councilmember vasiliou, seconded by Councilmember Zitur, tc adopt RESOLU11ON NO. 90-543 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND S"ECIFICATIONS, NORTHWEST BLVD./SCHMIDT LAKE ROAD, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO, 011. Motion carried on a roll call vote, four ayes, Helliwell nay. Mayur Bergman opened a public hearing at 8:10 p.m. on an order to abate a public nuisance due to a failed on-site septic system t 13508 Svnset Trail. Tracy Itochcndorfer, 321 Wedgewood Lane, stated her property is adjacent to the rear yard of 13508 Sunset Trail and is being affected by the f'ailad septic i.yetem. She stated hart of her rear yard is avNlly and won't support vegetation. She urged the Council to adopt the resolution ordering abatement of the nuisance so the prorlem can be corrected. She has been in touch with City staff and she understands the nature vi the problem. It is her concern now that the problem be resolved quickly. RE341LUTION 9Q-543 ORDERYNG PROJECT NO, 011 Item 7-D public Hearing on Order to Abate Public Nuisance at 13908 Sunset Trail Item 7-E 101 Regular Council Meeting September 10, 1990 Page 343 No ono else appeared, and the hearing was closed at 8:12 p.m. Community Development Director Tremere stated the property owner is fully aware of the problem but apparently dGes not have the financial resources to correct it. He recommended that the Council adopt the resolution ordering abatement of the nuisance. Director Tremere stated the City viewed this sate as virtually unserviceable because of its topography and distance O.om the sewer main. The cost for connection to the sanitary sewer is estimated at $12,000 to $15,000. The site is large and preliminary information indicates a satisfactory working onsite system can be provided. No cont estimates are available for this option. He stated that if the Council orders the nuisance abated, the property ow,ier will have seven days to correct the situation. If the work is not completed within that time, the City would contract the repair or construction and all costs would be assessed against the prcperty. This may also be an advantages to the property owner, who would be able to pay the assessment over a number of years. Councilmember Ricker agreed that the problem has to be corrected, but questioned whether it is zasible to conotruc. an onsite septic system rather than connect to the municipal sanitary sewer if the coat is comparable. He suggested that if the estimated cost exceeds $5,000, the item be returned to the Council for consideration before abatement proceeds. He also stated the assessment should be considered by the Special Assessment Committee, Director Tremero stated that the public health and safety aspects may create liability issues if the problem is not promptly corrected. Attorney Thomson explained that if the Council orders the nuisance abated, the proposed assessment for costs incurred would then be considered by the Council in the usual manner and Regular Council Meeting September 10, 1990 Page 344 the Council could consider appropriate payback: periods. He also suggested modification of the draft resolution to reflect Council direction as to the method of abatement. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-544 DIRECTING AND ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY THE PROPERTY OWNER AT 13508 uUNSET TRAIL OF A PUBLIC NUISANCE BY THE PROPERTY OWNER AND AUTHORIZING THE CITY TO CORRECT DEFICIENCY AND ASSESS COSTS, INCLUDING F7RPENSES, AGAINST THE PROPERTY PURSUANT TO CITY CODE SECTION 2010, with the following added language: "If the estimated costs of modifying, repairing, or reconstructing the sewage disposal system exceed 60% of the cost of connecting the house to the City sanitary sewer, then abatement shall be accomplished by connection to the City sanitary sewer." The City Manager is to report back to the Council on the method used. Public Works Director Moore reiterated that engineering records and data show the property probably cannot be served by City sanitary sewer without a pump. That could also involve maintenance by the owner as would an onsite sybtem. Ms. Kochendorfer asked how long the correction process will take. Director Tremere estimated the work will be completed by the and of October. Motion carried on a roll call vote, five ayes. Manager Willis introduced the item and stated the report on the Ryan Construction Company requests to allow an "Arby's" at the Waterford Pbr.c Plaza incorrectly reflect a unanimous vote by the Planning Commissioner to recommend approvals of the Land Use Guide Plan classification. Commissioner Marofsky voted nay. Pat Ryan explained the proposal and introduced Chuck Nadler, operator of the proposed Arby's. RESOLUTION 20-544 ORDERING ABATEMENT OF PUBLIC NUISANCE AT 13508 SUNSET TRAIL Item I -E Ryan Construction Co. Requests for Axby' s at Waterford Park Plaza (90052) Regular Council Meeting September 10, 1990 Page 345 Mr. Nadler stated he presently has 38 Arby's Restaurants in Minnesota and stated that a restaur"nt is needed in this location to serve tenants of the Waterford office buildings. Mr. Ryan stated his comp& ny is a design -build firm that responds to clien`.s' needs. He explained the history of the Waterford project and stated a tax increment package was structured to accommodate significant road construction. There is a plan for a future third phase. The timing of construction will be driven by demand. Mr. Ryan stated that tax increment is not involved in the Arby's project and the proposed structure is architecturally appropriate for this location. 2here is a need for an eating ea%.ablishment in this area. In response to a question by Councilmember Vasiliou, he provided an estimate of the taxes that are generated by the existing structures. Councilmember Vasiliou provided the Council with an article regarding office space vacancy absorption in the northwest quadrant of the Twin Cities. She stated the Council should not expect a developer to stay with an original plan when the plan is no longer feasible. Councilmember Ricker asked Director Tremere to explain the possible reasons for denial. Director Tremere reviewed the reasons for denial that were contained in the draft resolution; he stated that approval of the reguiding and zoning would require a 4/5 vote. Director Tremere recommended that, if the Council acts to approve the requests, specific findings for the reguiding should be cited. Councilmember Ricker stated he will vote to deny the request based on the reasons for denial in the draft resolution as outlined by Director Tremere, Councilme.nber Helliwell stated she met with Mr. Ryan regarding his proposal at his request. She is impressed with the overall development but oe lieves there is a better use for this particular site. Regular Council Meeting September 10, 1990 Page 346 Councilmember Zitur stated opposed to the reguiding. he continues to be Mayor Bergman stated current business conditions justify a change in the plan. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-545 DENYING Ll.ND USE GUIDE PLAN AMENDMENT FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAN 2ND ADDITION" LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE. NORTH AND REVERE LAND 90052) (MUD 86-1) . Motion carried on a roll call vote, Helliwell, Ricktr, and Zitur ayes; Vasiliou and Bergman nays. MO110N was made by Councilmember Ricker, seconded by Councilmember Helliwell, to direct staff to schedule a Council study session to discuss tax increment financing as it relates to various land uses including reste.urants. Motion carried, five ayes. Community Development Director Tremere stated that Len Busch has submitted a light abatement plan as previously directed by the City Council. The Council may wish to develop a practical understanding of the word "glare", as well as to address specific hours of operation if the plan is acceptable. Re recommended that the staff and City Attorney be directed to prepare an agreement that. sats forth the terms of the proposed plan and addresses performance and corrective action. Bob Held, 18530 34th Avenue North, statea the proposed plan is acceptable to Amberwoods residents. In response to a question by Councilmember Vasiliou, Mr. Busch stated his property Is assessed under "Green Acres." Steve Jacobitz, 3520 Urbandale Lane, stated the proposed plan is only a partial solution to the problem. He stated neighbors want abatement of the existing condition created by the lights. RKSOLUMN 9Q-545 DENYING LAND USE GUIDE PLAN AMENDMENT FOR RYAN CONSTRUCTION CO. 90052) Item 8-A r Regular Council Meeting September 10, 1990 Page 347 The plan seems to fall sho=t of the neighbors' desires, and only requires screening of future greenhouses. A specific remedy to concerns voiced by him and others is not spelled out. Hanager Willis stated the Council's expectation is that all greenhouses will eventually be shielded. Councilmember Vasiliou agreed but asked what specific remedy could be sought if the plan is not completed. A.:.corney Thomson stated that performance criteria and remedies can be included in the agreement. Also, the Council has the available remedy of revoking the previous site plan approval. Mr. Jacobitz stated that Amberwoods residents are, willing to accept the agreement as long as the original intent is met --that the light Glare experienced is to be eliminated. Len Busch, 4045 Highway 101, stated it is unreasonable to expect that 'no' light be emitted from the greenhouses, He stated a coma ,>n inderstandiug of the term "glare" is Important and questioned whether he is currently violates the City's ordinance. Councilmember Ricker stated he thoughts the intent of the Council's direction was to develop an understanding between Mr. Busch and the neighbors. It is not clear to him ghat sanctions the City can impose. Manager Willis stated there may be different interpretations of the term 'glare', but the screening plan proposed by Mr. Busch should substantially correct the lighting problem. Counci.imember Helliwell stated that Mr. Busch is making an effort to correct the problem thorough a substantial investment for the ne-w screening material as directed by the Cour.cil in Resolution 90-355. After a"varal greenhouses are screened, the Council, staff, and neighbcrs can evaluate the effactivenesa of the treatment. Regular Council Haoting September 10, 1990 Page 348 Councilmember Ricker agreed, but Stated some neighbors such as Mr. Jacobitz do not have that assurance. Bill Pritchard, U.S. Hc mes, statod the proposed plan is acceptable if :it is adopted by the Council. He suggested that some type of enforcement prociciure be included in the agreement, for example, that if the ?lan is not completed by a certain date the :.fights would be tierned off. Peter Pflaum, Lundgren Brothers C"onstruction, requested that the Council agree to a p:.an and remedy now. He stated that he wnd other developers need to disclose the lighting situation to potential home buyers. An approved plan to correct the lighting problem will benefit the City, existing and future residents, and Mr. Busch, Bill LaTour, 3525 County Road 1C1, suggested that the City consider a relocation offer to Mr. Busch. MOTION was made by Councilmember Ricker, seconded by rouncilmembt r Helliwell, to accept the plan submitted by W. Busch with clarification of the language on Page 2 regarding December, 1991 to indicate that the evaluation of the lighting oxditions wi..l not be a reevaluation of whether there is a problem, but rather will be an evaluation of the aereeninq methods used and the degree of lijht emitted including input from the neighbors; and to direct the staff and City Attorney to develop an agreement to be approved by the Couni:il for execution by Mr. Busch as to implementation of the pian. After. further Council discussion, Director Tremere started that this action would not prevent a property owner from filing a formal nuisanea complaint, in which case the City would ascertain wnetheir legally a nuisance exi ata per City Code provisions. Councilmember Helliwell asked how they developers propose+ to disclose the lighting situation to potential homebuyers, 0 Rrsqular Council MeetinV, September 10, 1990 Page 349 I4r. Pflaum stated disclosure will be in writing aefore the purchase agreement is signed. The disclosure will attempt to deaicribe the existing situation and will include what action the City Is taking to address it. He Potated that is why it is important that the plan have a timetable. Motion carried, four ayes, Vaniliou nay. Director Tremere stated staff met with Schuett Investment reprereentative and neighbors to determine how many and where trees should be installed to screen the adjacent homes as directed by the Council on August 20. Mr. Tremere showed a map depicting specific .locr.tions where 8' evergreen trees could be planted to meet the original intent of the Council for screening. The City Forestet concurs that the proposed placement is consistent with requirements for survival. Director Tremere cited a letter from aui attorney reprosent4.ng Schuett regardini the obligation of the developer to perform this work. He stated that it has been clarified to the developer that no City cost participation has beer. approved. Director Tremexe stated it may be an option for the developer to move some of the exiating trees on the site tc the new locations to meet the Council's intent for screening. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-546 APPROVING AMENDED LANDSCAPE .?LAN FOR SCHVETT INVESTMENT COMPANY FOR "COACHMAN TRAI*.S" 85022) . Motion -tarried on A roll call vote, five ales. Mayor Bergman directed that Mr. Schuett tie thanked foo- his cooperation, MOTION was made by Councilmember Zitur, seconded by Cruncilmember Vasiliou, t) adopt RZSOLUTIUN NO. ,)0-547 APPROVING PRELIMl `1:1RY PLAT FOR THE HOU` ING AND REDEVELOPMENT AU ^HORITY OF PLYMOUTH FOP GLACIER MEADOWS 2ND ADDITION (90071). Motion carried on a roll call vote, five ayes. Schuett Investment Co. Amended Landscaping Plan for Coachman Trails Item 8-C RESOLUTION 90-944 APPROVING AMENDED LANDSCAPE PLAN FOR COACHMAN TRAILS 85022 ) Item 8-C MOLUTION 90-547 APPROVING PREL. PLAT FOR HRA FOR GLACIER MEADOWS 2ND ADDITION 900'1) Item *8-D Regular Council Mcia ing September 10, 1990 Page 350 MOTION was made by .ouncilmember Zitur, seconded by Councilmember V.asiliou, to adopt RESOLUTION NO. 90-548 APPROVI''"? FINAL PLAT FOR THE HOUSING AND REDEVELOPMENT A13THORITY OF PLYMOUTH FOR GLACIER MEADOWS 2ND ADDITION (90071). Motion carried on a roll call vote, five ayes. MOTION was made by •:ouncilmember Zitur, seconded by Councilmember 'Vasiliou, to adopt RESOLUTION N4. 90-519 SETTING o:ONJITIONS TO BE MET PRIOR TO FILING OF' AND RELAT ID TO FINAL PLAT FOR THE HOUSING AND REDEV'EL 'PMENT AUTHORITY OF PLYMOUTH FOR GLACIER MEADOWS 2ND ADDITION (90071). Mo.:ion carried on a roll call vete, five ayes. MOTION was made by touncilmember Zitur, seconded by Councilmember Va,:iliou, to adopt RESOLUTION NO. 90-550 APPROV"IN(, CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL '.ISTRICT #284,/CROSSROADS CUMMUNiTY CHURCH AT SUNSET HILL SCHOOL (90074) . Motion carried on a roll call vote, five :ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-553 APPROVING CONDITIONAL t1SE PERMIT FOR INDEPENDENT SCHOOL nISTRICT #284/WOOURIDGE CHURCH AT WAYZATA SR. H[VH SCHOOL (90075). Mot.icn carried on a roll call vote, five ayes. MOTION was made by (.ouncilmember Zitur, seconded by Councilmember Vaniliou, to adopt RESOLUTION N0. 90-552 &XTENSION OF SITE IMPROVEMENT PEPFORKRNCE AGREEM'E? T FOR PLYMOUTH :'REEK CHRISTIAN CHURCH (FtRMERLY NEW VENTURES CHRISTIAN CHURCH) (88096). Motion carried un a roll. call vote, five ayes. MOTION was made, by .:ouncilmember Zitur, sa unded by Counci4.memi)er Va siliou, to adopt RESOLUTION NO. 90-553 APPROVIN11 LOT DIVISION/CONSOLIDATION AND ZONING ORDINANC' VARIANCES FOR 'LINTON ASCHE AND GARY YANISH (90 35). Motion carried on a roll call vote,, five ayes. RE50LUT1ON 90-544 APPROVIF kL PLAT F( RA FOR GL;. MEADOWS ADDITION A_071) Iter+ *8-D RE50LUTION 90-a45 SETTING CONDITIONS TO BE MET ( 90071) Item *8-D RES0LUT100 90-550 APPROVING CUP FOR CROSSROADS COMM. CHURCH (90074) Item *8-E REy0LUT10N 90-551 APPROVING CUP FOR WOODPIDGE CHURCH 90075) Item *8-F RESQL.UT10N 90-551 EXTENSION OF SITE IMPROVEMENT PERFORMANCE AGREEMENT (88086) Item *G -G RESOLUTION 90-552 APPROVING LOT DIVISION AND VARIANCES FOR ASCHS AND YANISH 900351 Item 8-H V. - Regular Council Meeting September, 100 1990 Page 351 MOTION was made by Councilmember Zitur, seconded by Councilmnawtzr ` aptiliou, to adopt RESOLUTION NO. 90-554 SETTING ':ONLiT10NS TO BE MET PRIOR TO FILING OF AND RELA&.;D TO LOT DIVISION/CONSOLIDAT'ION FOR CLINTON ASCHE AND GARY VANISH (90035). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUT1014 NO. 90-555 DECLARING tINDING OF "NO NEED" FOR AN ENVIRONMYNTAL IMPACT ST24TZMENT (EIS) BASED [UPON THE rXVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED AUGUST 22, 1990p FOR THE MITCHELL-PEARSON" PROJECT PROP08ED BY U.S. HOMES CORPORATION/THOMFSON LAND DEVELOPMENT DIVISION 90028) . Motion carried an ra roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember vasiliou, to adopt RESOLUTION NO. 90-556 APPROVING LOT DXVISION/CONSOLIDATION FOR COUNTRYSIDE MANAGEMENT, INC. (90076). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vtur, seconded by Cemncilmember Vasiliou, to a.dop:. RESOLUTION NO. 90-557 SETTING CONDITIONS To BE MET PRICR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR COUNTRYSIDE MANAVEMNT, INC. (90076). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, %-v adopt RESOLUTION NO. 90-558 APPROVING VARIANCE TO CITY CODE STANDARDS TO ALLOW CONSTRUCTION WITHOUT A FIRE LANE FOR WRICO STAMPING COMPANY AT 2727 NIAGARA. LANE (9 0 0 E 4) . Motion carried on a roll call vote, five ayes. MOLUTION 90-554 SETTING COhMITIONS TO BE MET (900"e'541, Item *8--H MQLU", = 9Q-555 NEGATIVE DECLARATION ON EAN FOR T'iE MITCHELL- PEARSON PROJECT 9002 8) Item *8-I RE:OLUTION 90-556 APPROVING LOT DIVISION FOR COUOTRYSIDE MANAGEMENT (10076) Item *8-J RBSOLUTIQN 90-557 SE"'TING CONDI? `ONS TO BE MET PRIC TO FILING (90076) Item *8-J PMOLUTION 90-55E APPROVING FIRE UkNE VARIANCE FOR VRICO 3TA4PING CO. Item *8-K Regular Council Meeting September 10, 1990 Page 352 MOTION was made by Councilmember Zituv, seconded MOLUTION H-559 by Councilmember Vasiliou, to adopt M30loUT'ION TRAFFIC SIGNAL NO. 90-559 TRAFFIC SIGNAL PGREEMENT, COUNTY ROAD AGRNEMENT, COUNTY 10 AND NATHAN LANE, CITY PROJECT N0, 812. ROAD 10 AND NATHAN LANE Motion carried on a roll call vote, five ayes. PROJECT NO. 812 Itom *8-L-1 MOTION was made by Councilmember Z,i.tur, seconded MNLUTIQN 9Q-560 by Cow-cilmsmber Vasiliou, to adop,.. RESOLUTION APPROVING PLANS NO. 90-560 APPROVING PLANS AND SPECIFICATIONS AND AND ORDERING BIDS ORDERING ADVERTISEMENT FOR BIDS, C',UNTv rtOAD PROJE^.T t 0 d12 10/NATHAN LANE TRAFFIC SIGNAL, •1T1 PROJECT NO. Item 08-L-1 812. Motion carried on a roll call vote, five Pees. 40TICH was made by Coun^ilmember •itur, seconded L- NLUTION 40-361 y Col) nc11member Vasilivu, to ad it 'RESOLUTION APPROV'NU CHANGE NO. 9 -561 APPROVING CHANGE 0RD%1% W. 3, WELL NO. ORDLR NO. 30 WELL 11 WATERMAIN, CITY PROJECT NO 909. NO. 11, ROJECT NO. 909 Moti,n cazri©d on a roll call voto, five ayes. Item *8-M MOTION was made by Councilmember Zitur., seconded A4 MUTICiN 90-562 ly Councilmember Vasi iou, to adopt RESOLUTION APPROVING NO, 91 362 APPROVI":G APPRAISALS FOR EMINE.4T APPRAISALS FOR DOMAIN PROCEEDINGS, SCHMIDT LAKE ROAD, PITY EMINENT DOMAIN, PROJECT NO. 705. SCHMIDT LAKE ROAD I-dOJECT NO. 705 Motion carries+ on a roll call vote, four ayes; Item *8-N Helliwell nay. HOTIOF was .Wade by Council..iember Zitur, seconded MOLUTION 90-563 by Councilmembo.: Vasiliau, to adopt RESOLUTION REDUCING NO. 90-50 REDUCING DEVELOPMENT BOND, LAKs DEVELOPMENT BOND CAMELOT Rio'TAISS 3RD ADDITION (890,44). (89044) Item *8-0-1 Motion carried on a roll call vote, five ayes. MOTION was made by Coun„ilmember Zitur, seconded MOLUTION 90-564 by Councilmember Vasiliou, to adopt RESOLUTION REDUCING NO. 90-564 OEDUC:IN; DEVELOPMENT BOND, FISCHERS DEVELOPMENT BOND POND ADD,.TIC,N (e9039). (89039) tem *8-0-2 Motion carried on a roll call vote, five ayes. M Regular Council Meeting September 10, 1990 Page 353 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-565 REDUCING DEVELOPMENT BOND, TYRELL THIRD ADDITION (86081). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0, 90-566 REDUCING DNVELOPMENT BOND, TYRE"" FOURTH ADDITION (96107), Motion carried on s roll call vote, five ayes. MOTIC•N was made by COwlCilmember Zitur, second9d by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-567 RrDUCING DEVELOPMENT BOND, TYPELL FIFTH ADDITION (87029) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmemker Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NQ. 90-568 REDUCING DEVELOPMENT BOND, TYRELL SIXTH ADDITION (87105). Motion carried on a roll call vote, fiva ayeo. W)TION was made by Councilmember Zitur, seconded by Councilinember Vasiliou, to adopt RESOLUTION NO. 90--569 REDUCING DEVELOPMENT BOND, TYRELL EIGHTH ADDITION (88136). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-510 REDUCING DEVELOPMENT BOND, TYRFLL NINTH ADDITION (89015). Motion carried on a roll call vut.e, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-571 REDUCING DEVELOPMENT POND, HARBOR PLACE ADDITION (07124). Motion carried on a roll call vote, five ayes. R&SOLUT.ION 90-565 REDUCING DEVELOPMENT BOND 86081) Item *8-0-3 SE39LUTION 99-566 REDUCING DEVELOPMENT BOND 86107) Item *8--0-4 MQLUTZON 90-U7 REDUCING DEVELOPMENT BOND 87029) Item *8-0-5 RESOLUTION 9V-568 RMDUCING DWrELOPMENT 8OND 87115) item *8-0-6 MOLUTION 90-569 REDUCING DEV gLOPMENT BOND 88136 Item *8-0-7 RESOLUTION 20-570 REDUCING DEVELOPMENT BOND 89015) Item *8-0-8 PZSQLUTIOlq 90-571 REDUCING DEVELOPMENT BOND 87124) Item *8-0-9 Regular Council Meeting September 10, 1990 Page 334 MOTION was made by Councilmember Titur, seconded PMQLUTIQN 9G--572 by CouncilmembeA. Vasiliou, to adopt RE301•%•.'ION REDUCING NO. 90-572 REDUCING DEVZIA. PMZr1T BOND, DEVELOPMENT BOND ST LS;PLECHASE 7TH ADDITIQN (900081. ( 90008 ) Item *8-0-10 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmomber Zitur, seconded RMLUTION 90-573 by Councilmember Vaailiou, to adopt RESOLUTION REDUCING 00. 90-573 REDUCING DEVELOPMENT BOND, FOX RUN STH DEVELOPMENT BCND ADDITION (89059). (89058) Item *8-0-11 Motion carried on a roll call vote, five ayes. In response to a question by Councilmember Vasiliou, Director Moore explained the project additions and deletions .overod under Change Order No. 1 for the pumping facility at Well Vo. 12. MOTION was made by Counc:"%.member Vaailiou, RESOLUTION 90--574 seconded by Councilmembe: Zitur, to adept T.PPRVVING CHANCE: FFSOLUTION NO. 90-574 APPROVING Ct-9ANGE ORDER NO. ORDER NO. 11 I WELL NO. 12 - PUMPING FACILITY, CITY PROJE::T PROJECT N0, 909 NO. 909. Item 8-P dot. -)n ca:-ried a roll call vote, five ayes. MOTION was made by Coun;.lmember Zitur, seconded RESOLUTION 90-575 by Councilmember V&ailiou, to adopt RESOLUTION PAYMENT NO. 15, NO. 90-575 REQUEST FOR PAYMENT NO. 15, ('SAH 6 AND PROJECT NO. 250 BRIDGE NO. 2.7679, CITY PROJECT NO. X50. Item *8-Q Motion carried on a roll call vete, five ayes. Director Moore stated the City has teen working with the Minnesota Department of T:anapurtstion and the railroad to get a c:• .using signal installed at Pine1 iew Lane south of 53rd Avenue. He recommended the Council authorize the City tj enter into in agreement for installAtion and maintenar: )t the crossing signal:. The installation will 1-aebably oct. ur in the apring of 1991. Council....,.W)er Zitur stated the train whistle is very disturbing to arAa residenr..i nd doesn't aesia to follow a pat* ern . Regular Council Meeting September 10, 1990 Page 355 Mayor Bergman stated that the staff should send a letter to the railroad asking them to clarify their policy and to minimize the whistles Councilmember Vasiliou asked about the City's preparedness to deal with a possible hazardous materials railroad accident. Public Safety Director Carlquist stated the Fire Department is currently working on a hazardous materials plan. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-576 APPROVING AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE SOO LINE RAILROAD FOR THE INSTALLATION OF GRADE CROSSING SIGNALS AT THE PINEVISW LANE CROSSING OF THE SOO LINE RAILROAD, CITY PROJECT NO, 935. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOL1171ON N0, 90-577 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF 46TH AVENUE NORTH STREET RIGHT-OF-WAY, OXBOW RIDGE ADDITION. Motion carried on a roll call vote, five aye,. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-5'78 DECLARING ADEQUACY OF PETITION AND ORDERING PRLPARATION OF REPORT, STREET LIGHTING - PLYMOUTH MEADOWS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0. 90-579 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, PLYMOUTH MEADOWS ADDITION. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked if the City could seek recourse for the improperly installed storm sewer.- and concrete curb which must be replacedin the 1990 Street Reconstruction Program, RESOLUTION 9-576 APPROVING AGREEMENT FOR INSTALLATION OF CROSSING SIGNAL AT PINEVIEW LANE Item 8-R RESQUTION-20-577 ORDERING HEARING ON VACATION OF PORTION OF 46TH AVENUE Item *8-S BZSO TI 90- 21 ACCEPTING PETITION AND ORDERING REPORT, PLYMOUTH MEADOWS ADDITION Item *8-T USQi U I -a -4_ .-7 9 RECEIVING REPORT AND ORDERING PROJECT, PLYMOUTH MEADOWS ADDYTION Item *8-T Regular Council Meeting September 10, 1990 Page 356 Director Moore stated that the storm sewer was installed by the developer in that area many years ago. Manager Millis added that no City inspections of the project were required at that time and probably no recourse is available. MOTIQA was made by Councilmembor Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-580 APPROVING CHANGE ORDER NO. 1, 1990 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 001. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-581 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED AZISESSMENT, NEST MEDICINE LAKE DRIVE TRUNK UTILITIES, CITY PROJECT NO. 905. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-582 HEARING ON PROPOSED ASSESSMENT CITY PROJECT N04, 905, WEST MEDICINE LAKE DRIVE TRUNK UTILITIES. Motion carried on a roll call vote, five ayes. In response to a question by Councilmember Vasiliou, Manager Willis stated that staff will assist residents in determining properties that are within the specified 500 foot radius of the intersecting street centerlines for the Stop Sign Policy. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION 90-583 REINSTATING AND AMENDING SIGN INSTALLATION POLICY. Motion carried on a roll call vote, RESOLUTION 90-580 APPROVING CHANGE ORDER NO, 1, 1990 STREET RECONSTRUCTION PROGP.AM PROJECT NO. 001 Item 8-U 7JOLUTION 90-581 DECLARING COST TO BE ASSESSED AND ORDERING ASSESSMENT, PROJECT NO. 905 Item *8-V US=TION_ 90-7.582 HEARING ON ASSESSMENT FOR PROJECT NO, 905 Item *8-V STOP SIGN STOP INSTALLATION POLICY Item 8-W five ayes. Regular Council Meeting September 10, 1990 Page 357 MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 90-29 RELATING TO PUBLIC WELFARE AND AMENDING ORDINANCE NO. 89-40 PERTAINING TO FRANCHISE AGREEMENT WITH WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 90-30 RELATING TO EROSION ONTO STREETS OR HIGHWAYS AND AMENDING SECTION 800 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO, 90-31 RELA'"ING TO PUBLIC SAFETY AND THE LICENSING OF PAWNBROLERS AND SECONDHAND GOOD DEALERS, ADDING A NEW SECTION TO THE PLYMOUTH CITY CODE AND AMENDING SECTION 1010 OF THE CODE. Motion carried on a roll call vote, five ayes. Diractor Tremere stated that in response to Council direction, the proposed ordinance amending City Code Section 400 relative to building construction regulations was reviewed with the Developer's Council on August 29. They designated a committee which met on September 7 and which conveyed recommendations to staff on September 10. He distributed a revised draft that rosulted. He described the ordinance and stated that Section 1 is acceptable to the developers. They seek clarification of language contained in Section 2 regarding .surface water drainage routes. Director Tremere stated the language in this section was consistent with and drawn from the City's existing policies; he suggested that the following language be added for clarification: "as shown on the City's storm water drainage plan." Director Moore recommended also adding to that, "or on the final grading plan." MINMCE 90-29 FRANCHISE AGREEMENT WITH WRIGHT-HENNEPIN ELECTRIC Item *8-X-1 ORDINANCE 90 -I -Q RELATING TO EROSION ONTO STREETS Item *8-X-2 QUINMicE_ 20 -al LICENSING OF PAWNBROKERS AND SECONDHAND DEALERS Item *8--X-3 Amending City Code Section 400 relative to Building Construction Regulations Item 8-X-4 Regular Council Meeting September 10, 1990 Page 358 Director Tremere stated the developers seek changes to Section 3 which Mould require an Engineer or Land Surveyor's certification of general drainage" of the site, rather than of grades and elevations". Developer representatives stated the requirement as proposed could necessitate resurvey of the entire property in order to determine whether the elevation and grades are in compliance with the approved plans. Director Tremere stated staff understands the Council direction is to have this certification of grades and elevations to ensure that work done on one site does not negatively affect ether portions of the development or adjacent properties. Director Tremere stated the developers also asked about expectations and terms the proposed agreement approved by the City Manager would contain. They peri, advised that a draft of F• standard agreement would be submitted to the Development Council for review. Councilmember Vasiliou asked the coat difference between certifying general drainage and the grades and elevations. Director Tremere stated one engineer told the Development Council that a specific grades and elevations certification could be about $300 more. Mayor Bergman asked how the agreement if needed would be enforced. Attorney Thomson stated the ordinance is written broadly and t.ne: agreement can contain penalty provisions if the agreement is not met. :Manager Willis stated that with many developers there is no reason to presume a problem will occur. The penalty provision should only affect developers who do not comply with the agreement. Mayor Bergman agreed, stating that the City doesn't want to penalize everyone for problems caused by a few developers. He asked if this agreement would be a part of the development contract. Attorney Thomson stated it is proposed as a separate contract and would only be needed under the conditions cited in the Code. Regular Council Meeting September 10, 1990 Page 359 The Council further discussed Section 3 and agreed that the language requiring certification of "grades and elevations" should remain as noted in the original draft. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO, 90-32 AMENDING SECTION 400 OF THE PLYMOUTH CITY CODE RELATING TO BUILDING, HOUSING AND CONSTRUCTION REGULATIONS, with the addition of language to Section 2 for propobed Code Section 400.17 as recommended by the Developers' Council and city staff. Motion carried on a roll call vote, five ayes. Manager Willie stated that Fire Chief Robinson has contacted several firms asking for proposals to examine the Fire Department apparatus replacement issue, as directed by the Council. Manager Willis recommended that a firm be retained to evaluate the fire apparatus needs of the Plymouth Fire Department. Mayor Bergman stated there was some confusion as to whether the Council direction referred to the immediate equipment needs of the department or a longer range assessment of the department as a whole. He stated that as long as a firm is being retained, perhaps the entire issue should be addressed to include personnel, service level and volume, equipment, and fire inspectors. Manager Willis stated that the proposal of Sumek Associates, Inc., may include some of those additional elements. Councilmember Ricker stated the Sumek proposal was more indepth than the other proposals submitted. The Council discussed each of the proposals and the associated costs. Manager Willis was directed to contact Sumek Associates, Inc., fo%- a more defined proposal for further consideration by the Council. Councilmember Ricker asked staff to provide to the Council the staff assumptions and information that went into the public safety building proposal. 0WOMM -20-32 AMENDING CITY CODE SECTION 400 Item 8-X-4 Fire Department Equipment Needs Item 8-Y Regular Council Meeting Sep :ember 100 1990 Page 560 Attorney Thomson provided a report on the effects to City of Plymouth staff and Councilmembers of the Elections and Ethics Reform Act of 1990. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to accept the report on the 1991 Communications Plan and consider the plan during budget discussions. Assistant Manager Boyles responded to questions by Cnuncilmember Helliwell regarding the Comprehensive Plan Booklet and accompanying maps. Mayor Bergman suggested that this information could be compiled in a format similar to the Plymouth News. Councilmember Helliwell stated she wf11 not support a proposed $15,000 expenditure for Customer lervice. Councilmember Vasiliou agreed, stating she will want future clarification. Public Works Director Moore provided the report of the Special Assessment Committee on private streets. He stated the Committee does not have a final recommendation, but suggests that only those private streets approved by the City as part of a subdivision approval process would be considered for public maintenance. If the current owner of the private street grants an easement to the public over the road, then the City would have thw authority to maintain the street or to pay for some or all of the maintenance costs with public funds. They Committee also recommended that certain streets be deleted from further consideration because parking areas are constructed either on the street or immediately adjacent to the .street and the streets are viewed as a driveway with a parking lot. Councilmember Heliiwell sta':.ed that when homeowner associations are asked if they wish to grant an easement to the public: for use of the private streets, it should be made clear that the City then wi'1 regulate such things as signage and speed on the street. Elections and Ethics Reform Act of 1990 Item 9-A 1991 Communications Plan Item 9-B Private Streets Item 9-C-1 Regular Council Hooting September 10, 1990 Page 361 Councilmember Ricker stated concern that the City may be assuming ,some liability by accept { ng responsibility fo streets that were not built to City standards. Councilmember Vasiliou suggested that a tax credit be psovided to residents on private streets without the City taking over maintenance. Attorney Thomson stated the City does not have authority to maintain or provide for maintenance of private streets unless an easement is granted by the owner. He stated that legislation could be pursued to allow the City to grant a credit for maintenance. Councilmember Zitur stated he would support pursuing this issue. MOTTON was male by Councilmember Zitur, seconded by Councilmember Vasiliou, to approve the recontendations of the Special Assessment ommittes and t^ :ontinue pi.rsuing available options. Motion carried, five ayes. Mayor Bergman stated he has received reports of speeding on Medicine Lace Drive. He asked if the City can take steps to reduce the speed limit. Director Moore stated the study be conducted by ..he Transportation; however, could indicate a need fo:: this area. City could request a Commissioner of it is ; ossible the study a higher speed limit in MOTION was made by Councilmember Ricker, seconded by Councilmem er Vasi:iou, to adapt RESOLUTION NO. 90-584 CAl LING FOR PARING Ott IMPROVEMENTS, DSDINA ROAD, -STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 140. 010. Motion carried on a roll call vote, five ayes. MOTION was made by Coon: ilmemb0r Zitur, seconded by Mayor Bergman, that a Committee be established to consider this list of items needed to bring Fire Station I1 to a comparable status as Fire Stations I and III, with Councilmember Zitur and Ricker as representatives on the Committee. Motion carried, five ryes, Medicine Drive Lake MOLUTIUN 99-5Q4 SETTING HEARING ON PROJECT N0, 010, MEDINA ROAD Item 9-C-2 Fire citation II Needs 0 Regular Council Meeting September 10, 1990 Page 362 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to direct staff to survey comparable communities, including Maple Grove, Minnetonka, and Eden Prairie, to determine the number of false police .ind fire alarms allowed before the costs are charged. Motion carried, five ayes. Cauncilmember Vasiliou requested that all future study sessions and task force meetings be included on the official city calendar, in addition to City Council and commission meetings. Councilmember Zitur stated the water restriction policy shoull again be reviewed by the Council. He suggested that permits be available for watering new mod. Manager Millis stated the Council will be provided with information on the water restriction experience in 1990. He stated that a permit system would be very difficult to monitor. Councilmember Helliwell asked wary the Mayor regtiaested an opinion of the City Attorney on abstentions. Mayor, bc; rgman statod he wanted know the circumstances under whi(:h a Councilmember must abstain as it relates to conflict of interest. The meeting was adjourned at 12:0 a . m.. City G] erk Fire and Police Alarms Calendar Water Restrictions had Abstentions Conflict of to Interest. and