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HomeMy WebLinkAboutCity Council Minutes 10-15-1990MINUTES REGULAR COUNCIL MEETING OCTOBER 15, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center at 3400 Plymouth Blvd. on October 15, 1990. PRESENT: adayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Rauenhoret PR9CLAM INS Mayor Bergman proclaimed Octuber 25 as Red Ribbon Day. Mayor Bergman proclaimed the week of October 21 as Domeatic Violence awareness Week. Public Sbfety P actor Ca.Alquist reported on a r %.%..ing to be ho i + with the neighborhood watch conrdinaturs. Discussiun will be held on timely feec'Jback of crime reported in their area and volunteers will be presented with a keepsake of appreciation. Manager Willis stated that Andrew Benson and Robert Furst contacted the amity interested in developing a privately gowned and operated Ice arena. They subsequently revised their prcpoaal to one which would have the private parties develop and operate an i --o arena on the comeunity center site. The City would own the facilit The it:e arena would ess"titially fit the aame footprint as the ice arena contemplated in the community center concept . MN suggested that the Council refer the proposal to the Financial Task Fcz ce for its cons iderat ion. Proclamations Item 4 Neighb,)rhood watch Program Item 5--A Proposal Arena Item 5-8 for Ice 0 Regular Council Meeting October 15, 1990 Page 403 Andrea Benson stated that they wculd develop and build the facility, and the City would pay for the cost upon completion. An Olympic sized rink is proposed and would be the only one of this size in the Twin Cities area. Mr. Benson stated a Management Services Agreement would protect the City because the management group would assume all losses. The group would also retain all profits. Mayor Bergman noted that the construction cost is estimated at $3 million maximum. He asked if a smaller or less elaborate arena could be constructed at a Lower cost. Councilmember Ricker asked what input the City would have into the design. Robert Furst stated the design would be open for negotiation. A different design could result in a different cost estimate. Councilmember Vasiliou asked them to describe their experience with this type of project. Mr. Benson stated he operates a private investigation firm, but previously .operated a rink in the eastern United States, Mr. Furst stated he is a lawyer and commodities/securities trader. He has had no experience with building o.- operating a rink. Cou.lcilmember Helliwell asked if the rink would be open 12 months of the year and if there would be public skating. Mr. Benson stated a certain amount of public skating would be available. The hockey and figure skating groups are interested in this proposal. Councilmember Zitur asked if they had considered adding a gym, pool, or s"niot citizen facilities. Mr. Benson stated they ar•e only proposing a rink. Councilmember Ricker expi.essed concern over whether there is a real advantage to the City Regular Council. Meeting October 15, 1990 Page 404 with this proposal and how much input the City would have into design and operation. Mr. Furst responded that when the Council previously discussed a community center, concern was expressed about ongoing operation expenses. This proposal would alleviate that concern, at least, for the term of the initial management services agreement. Councilmember Vasiliou stated that ph:losophically she feels recreation should be self supporting, however the Financial Task Force shoald be asked to consider it. Councilmember Zitur btated the Park and Recreation Advisory Commission should also comment on the proposal. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to refer the proposal to the Park and Recreation Advisory Commission and then to the Financial Task Force for recommendation to the Council. Motion carried, five ayes. CQnsent Ageusia MOTION was made by Councilmember Ricker, seconded Consent b7 Councilmember Vasilion, to approve the Consent Item 6 Aganda. notion carried on a roll call vote, five ayes. Mi=_eA MOTION was made by Councilmember Ricker, seconded Minutes by Councilmember Vasiliou, to approve the minutes Item *7 of the October ?. regular meeting. Motion carried on a roll :all vote, five ayes. Public Heating Mayor Bergman opened a jmb JW hearing at 7:30 p.m. on street lighting imprcvements for 47th Avenue/Quinwood Lane from Northwest 4,1vd. to 49th Avenue. No one appeared and the hearing was closed at 7:30 p.m. Agenda Regular Council Meeting October 15, 1990 Page 405 Manager Willis reported that a petition was signed by 100% of the affected property owners. One resident has since withdrawn their name because of the objection to the proposed location of one of the lights. MOTION wes made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-650 ORDERING PROJECT - STREET LIGHTING 47TH AVENUE AND QUINWOOD LANE FROM NORTHWEST BOULEVARD TO 49TH AVENUE. Notion carried on a roll call vote, five ayes. Petitions, Reque._sts__and Communications Manager Willis stated that although traffic conditions do not warrant the construction of Revere Lane, Ryan Construction had requested that it be completed. Howaver, the original impetus for their request has somewhat diminished. Public Works Director Me.'Ncire recommended that the extension of Revere Lane be included in the 1991 Capital Improvements Program if Ryan Construction provides the right-of-way necessary. No action is necessary by the Council at this time. Councilmember Zitur stated that he lives within 500' of the Udo Schulz property and wished to abstain from consideration of the next agenda item. Udo Schulz, 122:5 48th Avenue North, appealed the Board of Zoning Adjustments and Appeals Ruling 09-06-90) denying his request for a variance to allow a 13 foot Shoreland Management Setback versus the 75 foot Ordinance Standard for an elevated play house struoture which was constructed without a permit. Mr. Schulz stated it would create an undue hardship if he were required to put the pla; house anywhere else on his lot. It would be either very near his home or require removal of sty ubs . Mr. Schulz stated tie does not consider the play house a permanent structure and would be willing to remove it after five years if it could remain in its present location. He showed pictures of SOLUTION 90-65Q ORDERING PROJECT - STREET LIGHTING 47TH AVENGE AND QUINNOOD LANE Item 8-A Ryan Construction Company request for Extension of Revere Lane Item 9-A Udo S,:hu 1 z - Appeal of BOZA Ruling (09-06-90) Item 9-B Y Regular Council Meeting October 15, 1990 Page 406 other structures which he stated are a similar distance from Schmidt Lake. Because of these structures, he stated Council action approving his request Mould not set a precedent. Councilmember Variliou asked when the play house was constructed. Mr. Schulz stated it was built by a contractor along with a porch addition to his home. He stated it was his original understanding that no permit was required for `he play house. Community Development Director Tremere stated that Mr. Schulz requested the variance following receipt cf the Building official's notice to remove or relocate the Flay structure which encroaches int.0 the Shoteland Management area. The Board of 'Loving Adjustments and Appeals did not find any hat iships or unique characteristics with this site, and denied the variance re%Taest . Mr. Schulz is appe^lir_g that decision. Director Tremere stated that Mr. Schulz's remarks classifying the status of the play structure as temporary may have not been aired at the Board of Zoning hearing. Also, advisury information was received from the Department of Naturi-A Resources DNR) after the Board of Zoning meeting. He stated that many of the stru-.tures on Schmidt Lake preceded adoption of the Shoreland Management reguldtions adopted .in 1983 pursuant to state law. In response to a gUesti"rl by Councilmember Ricker, Director Tremere stated that staff believes relocation of tha play structure on the site is possible, althouclh the applicant mey not feel relocation is desitahle. Mrs. Schulz stated them either side of the home placed in the rear yard. patio. is not enough room on t --)r the structure and if it will be next to the Mayor Bergman "%sked if t woo t s-tinporary nature if the structure could be • 4 -ns i t Cored and the structure required to b+& vemoved within five Yeats. Regular Council Meeting October 15, 1990 Page 407 Attorney Thomson stated the Council has authority to a tach reasonable conditions to a variance. He recommended that any conditions be implemented by ar.- agrewwnt recordable against the property so that any future ownets of the property are aware of the conditions. MOTION was made by Mayor Bergman, seconded by Ccuncilmember Helliwell, to approve the appeal by Udo Schulz of the Board of Zoning's ruling to deny and thus approve the variance with the condition that the property owner shall remove the play structure within five years; and with the finding of hardship that it 1.9 impractical to relocate the structure on the site. Motion failed on a roll call vote: Helliwell and Bergman ayes; Ricker and Vasiliou nays; Zitur Abstained. MOTION was made by Councilmember Vasiliou, seconded by Councilmembet Ricker, to adopt RESOLUTION NO. 90-651 DENYING APPEAL OF THE BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING FOR UDO SCHULZ LOCATED AT 12265 48TH AVENUE NORTH (FILE 09-06-90) . Motion carried on a roll call vote; Ricker, Vasiliou, and deigman ayes; Helliwell nay; Zitur abstained. Manager Willis stated the City has been requested by the Association of Medicine Lake Area Citizens AMLAC) to reimburse for treatment of Eurasian Water Milfoil at Medicine Lake. Plymouth's share of the cost would be $741.67 under their request, with the City of Medic%ne Lake and Hennepin County Park District al'.at, contributing. He stated the 1990 Park Maintenance Budget contains an allocation of $5,000 for, wood control, of which $1,025 is unencumilTed. However, hes re%ommended that the Comioil establish a policy on how it will address •,l,:h requests in the future. louncilmember Ri ker stated this request should be tabled until a policy is adopted so that Similar reti se4pts .ire t i o,ited oyually. . MOLUTt0N- 90-651 DENYING APPEAL OF BOZA RULING FOR UDO SCHULZ 09-06-90) Item 9-B AMLAC - Request for Reimbursement for Treatment of Eurasian dater Milfoil Item 9-C is Regular Council Meeting October 15, 1590 Page 408 MOTION was made by C:ounc.ilmember Ricker, seconded cy Councilmember Vasilit..u, to consider chis request during 1991 budget. discussions. Motion carried, five ay#•s. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-652 APPROVING MODEL HOME FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR PROPERTY NORTH OF COUNTY ROAD 24 EAST OF MUNICIPAL BOUNDARY (PIN 19-118-22-23-0004) RELATIVE TO RPUD 90-1 (90009). Motion carried on a roll gall vote, five ayes. C=munity Development Ditector T-%emere stated that a condition was attached to the resolution setting conditions for the Bass Lake Hills Planned unit Develupment in 19e8 providing for a landscape buffer to be planted along the entire south property line of the Heritage Moods Estates Ind Addition. The buffet was intended to asau4-r that transition between the single family detached homes of this subdivision and the LA -3 guided property to thn youth waa provided. The LA -3 guiding suggested that development could take place with twelling typos other than single family detached. Since that time, the rity Council has adopted an amended Land Use Guide PlAa which reclassifiea the LA -3 site to the sotit h to TjA-2. With this change in guide plan classi.f ication and with the now approved Prb.liminary Prat for exclusively single family detached htausing on the land immediately south of HeritNge Woods Estates 2nd Addition, the transitional puihuse of the original requirement to oxist . The Council may delete the toluitement that a landscaped transition ai Ha ba located along the entire south property 1 . ne, with the substitute tiundit ion would be that f ree:s will be planted along the north and H,% O houn-tit .ies of the subdivision consistent with the 1eveloper' s pr;.posal. MOLUTION 90-652 APPROVING MODEL HOME FOR LUNDGREN BROS. CONSTRUCTION COMPANY (90 0 0 9 ) Item *9-D A Regular Council Meeting October 15, 1990 Page 409 MOTION was made by rount,ilmember Helliwell, seconded by Council.membet Vasiliou, to adopt RESOLUTION NO. 90-653 AMENDING CONDITIONS TO BE MET PRIOR TO PILINa OF AND RELATED TO RPUD FINAL PLAN/PLAT FOR GRA&AM DEVELOPMENT FOR "HERITAGE' WOODS ESTATES :ND ADDITION" IRPUD 88-5) (89087) . Kc -tion carried on a roii call vote, five ayes. Community Development Director Tremere stated that the Planning Commission, on a vote of 4-3, recommended dc:rilal of tho application of Hoyt Developmant Company to allow reduced setback for vehicle parking to both f'ounty Road 6 and County Road 61 for the "6 and bl Office Warehouse" 00070) . He stated that when the t.luilding was constructed, the applicant met the of finance parking requirements. ^ubsoquetitly, the applicant sought and received a --ond:.tional use permit for a change in the use of th&a facility to include Office ises of uF to b5. At that time, the applicant indicated tt%.` parking was still sufficient; they ordinaric" rel.;uired spaces for the office occupancy were pt .)pos;Nd by means of a :.camp if needed. 1'ounci lmesmber Vasil ivv.-%aket_i if the ranp was riginallr agreed t ) by tie developer and if this request ignored j ast at:t rens by the City for the developer? Manager Willis stated yo.- t, the ramp was proprised by 6 -he devel,lper with hi:: retpiest for plan a,upto%pal. Mike Gait, 111)0' U itd A,.-i.inue North, represented Hoyt Development . He ril -t ed the substantial grade 1-nanye and other •hatact,rist ics of the site, and showed slides of the pt-p-irt y. Mr. Gait stated that the curt of the pai k ink expansion would be inside the cur tent land:- •.tpt4A itea. N st aced he use of the bui) l[nq 1,i t•lit rent ly 4 -in office use, and they rite Att emE t my to pursue rhe tppioved 65% oftit,N use .4 t hw stru.trure. Mt air stated that i.4 unit tip t,the 1U0* -)tt i,_e use ultimately inten.46.1. USOLUTION 90-653 AMENDING CONDITIONS FOR HERITAGE WOODS ESTATES 2ND ADDN. 89087) Item 9-F Hoyt Development. Request for Site Plan Amendment and Variances for 6 and 61 Office - Warehouse (90070) Item 5-F Regular Council Meeting October 15, 1990 Page 410 Brad Hoyt, Hoyt Dr_velopmont Company, stated that prior to his development of the property, cwa office/warehouse structures were shown wi plans prepared by the previous owner of this Atte. The plan anticipated a st-:ep driveway and ei r.gle parking adjacent to each building. Mr. Hoyt stated that plan would not have worked because the site is small and there are topographic problems. His building provides a better treatment of the site and resulted in less bul 1 di ng area, Hr. Hi yt stated he had nvt fully accounted for the City Zoning Ordinance standard that requires full front yard for any yard abutting a street. Mr. Hoyt presented information on yard setback variances received by Vantage Companies for an industrial buidling in the area. He stated the Hoyt development is similar to the Vantage site. He stated that although they do not have any current serious parking problems, if the building becones 100% office occupancy, the ramp could be built. Otherwise the ramp would interferes with the wxisting industrial Use and the need for. truck maneuvering. Cvuncilmember Vasiliou o asked why the petitioners are referring to 100' of t I.ce use of this -site. Director Tremere stated he also does not kn3w, as the site is currently zoned 1-1. The petitioner received a conditional sd permit to allow up to 65% of the building to two used for office use. However, 1004 office use is not allowed in an 1-1 district without a conditional use permit which the petitioner does not have. Director Tremere stated the petitioner also made reference to an approvett plan prior to the petitioner) a plan for dt•-falopment of the property. This ptfavrou%i Nla was a ,general development plan, trot sF • cif ,• -)r detailed. No site plan had prev o sus l het+r -%ppxuvod fu the site. The initial Hoyt w. o Ellis wets e pproved by staff because it met Ioil ok kit t H I 4 11 1.' nk:fa t esu i rement s . i Regular Counc4l Meeting October 15, 1990 Page 411 Mr. Hoyt stated that he does not now wish to go to 1009 office use. He interpreted that the City desired that use because when he applied for a canditAonal use permit to allow up to 659 office use, he was required to show how he could ace;ommodate parking for 100* office jai+e. He thought the City was indicating it wanted a more Intensive office use. Director Tremere stated the rrdiaance requires that parking be demonstrated for a multiple use building using the stal.dards for most intone* use for the entire building area. Councilmemb*r Zitur stated he had visited the a_te. He is %oncerc.ed that the building has been coastruct ed 1093 than a year and already a problem exists. Steve Schumeister, 1600 ntetnational Center, tt:Nrney for the rat- it it+c,er, statee that a hardship exists because of the severe situ restrictions based on t-.)PAography and size. Councilmember Helliwel' asked it there is adequate parking now. Mr. Hoyt stated the prot)lem i9 not the number of spaces, it is the location of the available spaces. He stated it would tie more functional to provide adequata parkins• tot each business* convenience, rather than ,adequate parking for the overall site. Councilmember Zitur asked staff to cow -tent on the Vantage Company rec maut %nd its relevance with this request, if any. Director Tremere stated that each site should be considered on its own merits. He could not comment on whether the Fant a_le situation was similar without ft rrher : nveat iga.t ion of tht materials handed to the f ',-unc- i 1 by the pet. it inner at this meeting. MOTION was nada oy coun. t Urkonibec Vaailiou, seconded by Mayor. Bergman, deny the request of Hoyt Development Company tot site pla.z amendment and zoning ordinatice vaa, t ,%nc".m . I't 0 Regular ober Page 412 Couawi 1 Meeting I5, 2990 Notioe failed, Vasiliou 4nd Bergman ayes; Helliwell, Ricker, and Zitut nays. MOTION wao nide by Counrilmember picker, seconded by Co,&nclUvAbox Zitur, to adopt RESOLUTION NO, 90-656 AMDANG SITZ PLAtI AMENDMENT AND APPROVING ZONING ORDIAiWCE 1rARTANCE FOR HOYT DEV'ELOPWKNr COMPANY FOR 6 AND 61 0FFTCZ-WAAZH0U3Z LOCATZD AT THZ SOUTHZAST C.014NER OF COUNT1 ROAD 6 AM OUNTY ROAD 61 (900701) . Motion carried on a roll call vote, four ayes, wasiliou nay. Casey Rosen, 7607 Crosby Road, Wayxata, presented the request oY St. Philip the Deacon Lutheran C;urch for sii:e plan, cundttional use permit, toning ordinanne and fire lane variances for an addition to the church and a parking ramp at 17205 County Road b (90082). He presented a mndel of the proposal azul stated that the consistont growth in their church membership is the reason as expansion is needed. Dare Gallagher, 3609 Gettwyaburg Avenue North, Minneapolis, architect for the p_•o ject, reported on the history of the church and the growth it h&s experienced. He stated the church has a tradition of service to the City and cite' many civic uses of the building. 041r. Gallagher stated the church has costaidered moving to ar.othor location in Plymouth; huwever, becausw they cannot move within two miles of another ELC'A church and there are six already in Plymouth, another site is very ditticult to find. Mr. Gallagt.er stated the ordinance minimum parking requirement does not provide sufficient parking foj: their rti eda . He :Mated that the church is attempttixq to solve the parking problem through construction of + ramp to avoid parking cin residential streets arid at Oakwood S::hool . Mr. Gallagher stated theft the parking tamp upper deck is no higher than the wast elevation of the site becauve of Cha #31ope on the Site toward the east. He stat lad the plan will not interfere with traffic ori County Road 6 and they are proposing are intattio l at ,Lm drainage system RZSQLUTIQN 9Q-654 AMENDING SITE PLAN AMENDMEN•i AND VARIANCV0 FOR 6 ANC 61 OFFICE- WAREHOU5E (90070) Item 9-F St. Philip the Deacon Church Addition and Parking RAmp Item 9-G Reguiar Com.. _i 1 Meeting October 150 1990 Page 413 which will enhance thein property for storm water drainage. He also commented on the lot coverage and proposed signage. Mayor Bergm=4 asked how avow removal from the ramp would be accomplished. Mr. Rosen stated the snow may have to be trucked from the site. Mayor Bergman noted correspondence was received from a neighbor, George Wizaon, indicating that tho church may enter into a purchase agreement for his pzoperty. Counclimember Ricker stated concern about the storm drainage system modifications and effects it could have on adjacent properties. He stated the adjacent wetland area Im nearly dry and asked if this change could make it w-)rse. Public Works Director Moore stated the size of the pond on the church site needs to be enlarged because of the increased amount of runoff water due to the increased impervious surface. This pond will serve to collect sand and debris and thea will overflow into the wetland area. He stated this pond is required to keep additional sediment out of the wetla.id. The wetland should not be negatively affected. Councilmember Ricker stated that the ramp should riot be approved if addttlunal parking is not eded immediately. He asked if the chcrrch had expt%.red the purchase of additional land for purposes rif future parking along 14th Avenue. Mr. Rosen statod that thri church wishes to go ahead with the ramp now in conjunction with the church addition in o,rdei to meet the current and future needs. The church was approached by twc ad joining neighbors zboct selling thei i proportion to the+ church, but the church felt it was prudent to go ahead with the proposed plan at this time. The church has agreed to extended purchase terms that coup be invoked to acquire addi, conal property if rt• Pideli in the future. C, 0 Regular Council Meeting October I.A. 1990 Page `14 Mayor Bergman asked if the ramp lighting would pose problems for the adjacent residences. Mir. Gallagher stated the lighting would be shielded along the perimeter of the church Propeny • Councilmember Ricker asked if the church would consider delaying construction of the parking ramp since it may not be needod for some time. Mr. Rosen stated the church is making a significant commitment to expansion of the building. Sufficient parking is an important componout of the increased growth of the church. He stated increased parking will to needed some time in the future. The church is making an effort to foresee and revolve the problem through construction of the ramp. Mr. Rosen stated that neighbors who attended the Planning Commisslon public hearing supported the ramp concept. Councilmember Rickfar stated they perhaps supported the ramp because it was perceived as an alternative to parkinil tin 14th Avenue in their neighborhood. People he talked with stated concern with the view of a large parking lot, MOTION was made by Councilmember Zitur, seconded by Councilmember vasiliuu, to adopt RESOLUTION NO. 90-655 APPROVING; SITE PLAN, CONDITIONAL USE PERMIT, ZONING ORDINANCE AND ETRE LANE VARIANCES FOR ST, PHILIP THE DEAC(1N CHURCH (90062). Councilmember Vasiliou stated she supports this plan because she believes that churches can operate in residential neighborhoods, that churches need to plan fk)L their growth just like businesses, and that the existing wetland will be protected. MOTION to aanend the mair+ mot ion was made by ouncilmember Ri%.:kei , stn. -ondea by Councilmember Zitur, to delete the pa, k ing ramp fror.t the proposal, Councilmember Ricker stated the ramp does not belong in a residential neiyhh.incc%od and RKSOUTIOy 90-655 APPROVING SITE PLAN, CUP, AND VARIANCES FOR ST. PHILIP THE CZACON CHURCH (90082) Item 9-G is Regular Council Meeting October 15, 1990 Page 415 additional parking is not required, He stated the petitioner should request the ramp at the time it is needed. He is concerned about the impart upon the neighborhood. Counci:_.,t tuber Helliwell stated she is a member of a rapidly growing church. Although she does not particularly like the ramp, she understands there must be a way to provide sufficient parking. People can't be turned away from churches due to lack of parking. Motion to amend failed, Ricker aye; Original motion carried, four ayes, The Council received the request of Scherber to sell 87 acres of land t a total cost of $2,368,500 for park MOTION was made by Councilmember by Councilmember Zitur, to refer the Park and Recreation Advisory con31deration and recommendation. Moticn carried, five ayes. Manager Willis stated the School PTA has requested a taken to improve safety fo traffic on Zachary Lane. seven proposals to improve four nays. Ricker nay, Craig Craig Scherber - o the City at Offer to Sell land purposes. for Park Purposes Item 9-H Ricker, seconded the requ•,%st to Commission for Zachary Lane Eleirentary variety of steps be r children relating to The PTA letter lists safety. Councilmember Vasiliou stated this item was discussed at the joint city Council and School Uistrict 281 meeting, The City and School agrees there appears to be a problem as a result of the speed of traffic on Zachary Lane as well as the need for additional signage, and perhaps a pedestrian crossing and lights, Manager Willis stated state law permits the speed limits adjacent to school grounds to be reduced up to 20 mph below the otherwise posted speed. The speed limit current1v on Zachary Lane is 45 mph, therefore, the speori limit could be reduced to not less than 25 mph iluring school hours. Zachary Lane Elementary School Safety Concerns Item 9-I Regular Council Meeting October 15, 1990 Page 416 Director Moore stated that to do this a detailed School Zone Hazard Evaluation Study" must be done at an estimated cost of $3,000-$4,000. Councilmember Helliwell district indicated that students; therefore, is and lights necessary? stated that the school buosinct is mandatory for a pedestrian crosswalk Councilmember Ricker suggested that staff review the entire situation and make a recommendation to the Council. Councilmember Zitur stated he would like to see signs, pedestrian crosswalk, and flashing lights installed immediately. Mayor Bergman stated the study should be ordered, but the school district should be requested to pa).;,icipate in the cost. Councilmember Zitur agre Ad 0 MOTION was made by Councilmpmber Zitur, seconded by Councilmember Ricker, to direct staff to begin the School Zone Hazard Evaluation Study, to paint crosswalks, to install flashing lights, and to notify the public safety department when special events are held. Councilmember Vasiliou stated that she doesn't want to move ahead until there is an agreement that the district will share in the funding. Also, the impression should not be given that the public safety department- will be there for special events. Manager Willis stated staff could install the sign that is missing immediately. Councilmember Rio.ker stated that a condition of the crosswalk painting in that the school district must provide ctcIssing guards. Mayor Bergman asked whe.lvar the City's consulting engineer would give a di scuunt-. for the study because a school is involved. SUBSTITUTE MOTION was made Ity Mayor Bergman, seconded by Counc:ilmembeL Ric-kar., to direct staff Regular Council Meeting October 15, 1990 Page 417 to install the missing sign and to order the School 'Lone Hazard Evaluation Study, with the condition that if a crosswalk is recommended, the school district will yrovide crossing guards. Motion carried, five ayes, MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-656 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR UNITED PROPERTIES, INC. 87110) . Motion carried on a roll call vote, five ayes. MOTION was made by CouncilirAmber Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO,, 90-657 AUTHORI;APING r.ELEASE OF SITE PERFORMANCE GUARANTEE FOR PARKERS LAKE POINTE II 88039) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-658 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEA FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA, I.C. (88049). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmemuer Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-659 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ERIN PROPERTIES FOR OFFICE/WAREHOUSE (88052). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-660 ATITHO:.I'ZING RELEASE. OF SITE P TRFORMANCE GUARANTEE FOR EPIN PROPERTIES FOR OFFICE/WAREHOUSE (H8053) Motion car: ied on a roll .tall vete, five ayes. SOLUTIO"Z&56Z&5 6 RELEASE OF SITE PERFORMANCE GUARANTEE (87110) Item *9-J-1 PE$QLUTION M 657 RELEASE OF SITE PERFORMANCE GUARANTEE ( 8 8 0 3 9) Item *9-J-2 MOLUTION 90-658 RELEASE OF SITE PERFORMANCE GUARANTEE (88049) Item *9-J-3 USOLUT10 _90-659 RELEASE OF SITE PERFORMANCE GUARAN-rEE (88052) Item *9-J.-4 PESQLUTIQN 'v40-660 RELEASE OF SITE PERFORMANCE GUAPANTEF ( 8 8 0 5 3) Item *9 -S Regular Council Meeting October 15, 1990 Page 418 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasili(m, to adopt RESOLUTION NO. 90-661 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CENTURIAN COMPANY 88081) . Motion carried on a roil call vote, five ayes. MOTION was made by Counciimember Ricker, seconded by Councilmember Vagiliou, to adopt RESOLUTION NO. 90-662 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FUR FLED ROOF INNS, INC. 88091) . Motion carried on a roll cal! vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember j.siliou, to adopt RESOLUTION NO. 90-663 Ar"16HORIZING RELEASE OF SITE PERFORMANCE GUARANTI",E F" IK ALJnN TOOL, INC. 88111). Motion carried on a roll :all vote, five ayes. MOTION was rude by C Nuns - i lmember Ricker, seconded by Councilmember Vasilion, ti% adopt RESOLUTION NO. 90-664 AUTHORIZING RELEk3E OF SITE PERFORMANCE GUARANTEE F'(14 WAL.)ER AUTOMOTIVE H8114). Motion carried on a roll :all vcte, five ayes. WIT ION was made by Count • i lmember Ricka+ , seconded lly Councilmember Vasilioii, t.-. adopt RESOLUTION NO. 90-665 AUTHORI'INCA 1 ':LEA;iF OF SITE EKFORMANCE GUARANTEE Fc R W.W. GRAINGER, INC. 8818). Motion carried on t Loll -all vote, five ayes. MOTION was made lly ''k -)un, • t lmemt)er Ricker, seconded by Councilmembet Vasillitu, tit Adopt RESOLUTION NO. 90-666 AUTHORIZING F -ILEASiE (IF SITE PERFORMANCE GUARANTEE F1+ UNT'm) F^,,1`vvRTI6S DEVELOPMENT COMPANY (P- Motion P - H) . Motion carried (lit + cull .All vote, five ayes. FMOLUTIM 90-661 RELEASE OF SITE PERFORMANCS, GUARANTEE (88081) Item *9-J-6 RESOLUTIQN *90-662 RELEASE OF SITE PERFORMANCE GUARANTEE (8 8 0 91) Iters *9-J-7 RESQLUTIQN 90-663 RELEASE OF SITE PERFORMANrE GUARANTEE (88111) Item *9-J-8 P.ESQLVTION 90-6E4 RELEASE OF SITE PERFORMANCE GUARANTEE (8 8114 ) Item *9-J-9 RESQLVTIQN 90--65 RELEASE OF SITE. PERFORMANCE GUJ% ANTEE (8812h.) Item *9-J-10 RESQLVTION 90-bbt, RELEASE OF SITE FERFORMANCE GUARANTEE (8 813 8 ) Item *9 -.T-11 Regular Council Meeting October 15, 1990 Page 419 MOTION was made by Cour«•ilmember Riker, seconded RESOLUTION 90-667 by Councilmember Vasilluii, to adopt RESOLUTION RELEASE OF SITE NO. 90-667 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FnP OPUS CORPORATION GUARANTEE (88146) P-4146). Item 49-J-12 Motion carried on a roll s, -all vote, five ayes. MOTION was made by Councilmember Ricker, seconded RESQIiUTIQN 90-668 by Councilmember Vasiliuu, to adopt RESOLUTION RELEASE OF S6TE NO. 90-668 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR MINTER-WEISMAN COMPANY GUARANTEE (89002) 89002). Item *9-J-13 Motion carried on a roll gall vote, five ayes. MOTION was made by Count•ilmember Ricker, seconded RESOLUTIQN 90-669 by Councilmember Vasilitiu, tO adopt RESOLUTION RELEASE OF SITE NO. 90-669 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR OE'T1)fi CORPORATION GUARANTEE (89024) 89024) . Item *9-J-14 Motion carried on a toll 4 -all vote, five ayes. MOTION was made by Counk•ilmember Ricker, seconded RESOLUTION 9Q-670 • by Councilmember Vasilits i, tt% adopt RESOLUTION RELEASE OF SITE NO. 90-610 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE* GUARANTEE ft ,P OF'US CORPORA T ION 1.'ARANTEE (8 907 6 ) 89076). Item *9-J-15 Motion carried on a Loll :all vote, live aye3. MOTION was made by Councilmember Ricker, seconded RESOLUTION 94-671 by Councilmembet Vasiliou, to adopt RESOLUTION RELEASE OF ";ITE NO. 90--671 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE F144 WELSH CONSTRUCTION GUARANTEE (871311 8"1131) . Item *9-J-16 Motion carried on A tall ,-all vete, five ayes. MOTION was made by Fount-lmember Ricker, seconded RESOLUTION 9V- 7` by Councilmember Vasilit,ii, to adopt. RESOLUTION RELEASE OF SITE NO. 90-672 AUTHOPIuING vELEA: E OF SITE PERFORMANCE PERFORMANCE GUARANTEE F1-1 DIINVEE NTIRSERY AND GUARANTEE (8811141 LANDSCAPING COMPANY (8H 1 1 a) Item *9-J-17 Motion carried on i tell .-all •.rote, five ayes. is Regular Council Meeting October 15, 1990 Pago 420 MOTION was made bit Cuun, -i lme.nber Ricker, seconded PMOLUTION 90-673 by Councilmember Vasilio-ft t,:. adopt RESOLUTION RELEASE OF SITE NO. 90-673 AUTHORIZING PSLEASE OF SITE PERFORMANCE ERFORMANC;Z GUARANTEE FOP NEW 'IrENTURE S CHRISTIAN GUARANTEE (8 8 0 8 6 ) 0HURCH (88086) . Item *9-J-18 Motion carried on a roll :all vote, five ayes. MOTION was made by Councilmember Ricker, seconded MOLUT1,011 90-674 by Councilmember Vasiliou, to adopt RESOLUTION REDUCTION OF SITE NO. 90-674 AUTHORIZING REDUCTION OF SITE PERFORi4ANCE PERJ'ORMANCE GUARANTEE FOR RYAN CONSTRUCTION GUAIcAN rFE (8 7 0 2 7 ) COMPANY OF MINNESOTA, INC. (97027). Item *9-K-1 Motion carried on a roll :all vote, five ayes. MOTION was made by Count•ilme:t,er Ricker, se.-onded MOLUTION 90-675 by Cruncilmember 'Jasi1i,i,, to adopt RESOLUTION REDUCTION OF SITE NO. 90-675 AUTHORIZINk, REDUCTION OF SITE PERFORMANCE PERFORMANCE GUARANTEES VIR NORTHWOOD HOMES, INC. GUARANTEE (87093) 87093). Item *9-K-416 Motion carried on a rull .;all vute, five ayes. MOTION was made by Coui-ilmember Ricker, seconded RESOLUTION 90-676 by Courcilmembet Vasilio it, t-1 adopt RESOLUTION REDUCTION OF SITE NO. SA -676 AUTHORIZING NEDUCTION OF SITE PERFORMANCE PERFORMANCE GUARANTEE F(P CALIBER DEVELOPMENT GUARANTEE (89082) OMPANY (89082). Item *9-K-3 Motion carried on a Loll :all vote, five ayes MOTION was made by Councilmember Ricker, seconded RESOLUTION 90-0 by Councilmember Vasilit.,u. to adopt RESOLUTION REDUCTION OF SITE NO. 90-677 AUTHORIZING; KEmc'fION OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENI GUARANTEE (89116) COMPANY (89116) . Item *9-K-4 Notion carried on a Loll -all %rote, five ayes. 11OTION was made by Ccun+ i lmdmber Ricker, seconded RE30LUT1ON 90-618 by Councilmember Vas i l i t i , . to adopt RESOLUTION AUTHORIZING CDN6* NO. 90-678 AUTHURI N INv E,XECUT lUN OF THIRD PARTY AGREEMENT FOR kG EEMENT FOR DIJ1'KE:TI('1lr1KY FUNDS FROM THE APPROVED OMMUNITY DEVELOPMENT B1, 11'K ,KANT (CDB02) PROGPAM IMPROVEMENTS AT TO UNION CITY MIti:sI(IN A11TFIOFI :INv ASSIGNMENT (1Ft' UNION CITY MI3,31oN ADMINISTRATIVE RE3PON111-ILITIE:S TO HENNEPIN Item *9-L I $,)LINTY . Motion carried t.n i i,111 all .,oto, fig.e etye:i. s Regular Council Meeting October 15, 1990 Page 421 MOTION was made by Councilmember sticker, seconded QRDIN"(:E 9,0-35 by Councilmember. Vasilit+lt, to adopt ORDINANCE NO. RELATING TO 90-35 RELATING TO LIQUOP LICENSING AND MINIMUM DISTANCE OF LIQUOP DISTANCE FRUM CHURCHES AND AMENDING SUBSECTION ESTABLISHMENTS 1206.45 OF THE PLYMOUTH I`ZTY CODE. FROM CHURCHES Item *9-M Motion carried on a roll .-all. vote, five ayes. MOTION was made by Councilmember Ricker, seconded S30LUTION 90-679 by Councilmember Vasiliuu, to adopt RESOLUTION AMENDING POLICY NO. 90-679 AMENDING POLI"Y P.ELATING TO THE RELATING TO ISSUANCE OF ON --SALE INT(iXICATING LIQUOR LICENSES. ISSUANCE OF ON -- SALE LIQUOR Motion carried or, -A roll :all vote, five ayes. LICENSES Item *9-M Councilmember Vasilieu a.4ked if there might be a training opportunity fuz the pub+ic safety department relating to z.!%ziny the structure at 047 Forestview Lane foz inclusion in West Medicine Lake Pack. Manager Willis stated tht.. public safety iepartment will 1 e advised of the availability of the structure foo t_ raini till nuc pusea . MOTION wag made thy Count • i Imemher Ricker, seconded RESQIRVTIQN 90-6911 by Councilmember uitur, to adopt RESOLUTION NO. APPROVING PURCHASE 10-190 APPROVING PURCHA:,'E; OF PROPERTY AT 2047 OF PROPERTY FOR FOORESTVIEW LANE, INCLUSION IN NEST MEDICINE LAKE PAFX Motion carried vitt .A toll :all vote, five ayes. Item 9-N W)TION was made by COUnt • c tmember Ricker, seconded PZSQLUTIQN N-6$1 by Councilmember Vagi l ik -11, to adopt RESOLUTION AGREEMENT ,UN NO. 90-681 P' '" TXMENT ON ;PEC IAL ASSESSMENT SPECIAL ASSESSMENT APPEAL, CITI )JECT zoaN . APPEAL, PROJECT 648 Mut ion carried ot, - ivil •all vete.. five ayes. Item *9-0 MOTION was made tly l'otin, LmNtiawot Rickor, secondee RE5QLVT1()N ')Q htl.: kly Councilmembec it, _idopt RES,.1LUTI(.)N TRAFFIC SIGNAL NO. 9U-691 TRAFFIC 31GNA1 AGIEEMENT, COUNTY ROAD AGREEMENT, . K. i AND ANNAPOLIS LANE, Cl VY 1+ 'JEI:T NO. 941. AND ANNAPOLIS LANE, E'RO-JECT 1141. Motion carried oti + it ! i •all .,cite, txve ayes. Item *')-F 0 Regular Council Meeting October 5, 1990 Page 422 MOTION wad made by Counu i lmemb`+er Ricker, se-.ondcd by Counci lmember Vasi 1 iroi, t , , adopt RESOLUTION NO. 90-683 AWARDING BID, TRAFFIC SIGNAL CONTRA, SYSTEM, AT C.S.A.H. 10 AND NATHAN LANE, CITY PROJECT RO. 812. Motion carried on a roll gall vote, five ayes. MOTION was made tlly Count • i lmeambesr Ricker, seconded by Councilmembet Vasili lit, to adopt P.ESOLUs:7N NO. 90-684 INSTALLATION .)F STOP SIGNS at, "N" Nary Lane and Schmidt Lake Motion carried on a roll call vote, five ayes. MGTIUN was made by.'otitic t lmembat- Ricker, seconded by Councilaisimbec Vasiiiolt, t- ;,dopt RESOLUTION NO. 90-615% R>1:.DUC I NG DEVE LOPMYNT ®OND, PARKVIEW RIDGE ADDITION (94010) . Motion carried .ri a roll .d l 1 vote, t 10"e ayes . MOTION was made lily Coign; i 1mq%mher Ricker, seconded by Courilei lmembot "ras i t it +i, t i , adopt RESOLUTION NO. 90-666 REDU"INkv DEWLIVMFNT 00ND, BAY POINTE: N MOONEY LAKE ADVITIO?N (99005) . Motion carried uii ci r(.31 1 !all vote, five ayes. Mr)TIUN was made by Cvur«-t 1meinLer Ricker, seconded t)y Ccuncili.iembec Vasil ii •1, tot a:lopt RESOLUTION NO. 90-687 REDUCING DEVE: LoPMENT BOND, LAKE AMELOT ESTATES 3RD ADDITION ;89044) . Motion carr i"d oti a roll :411 voted, five ayeda . MOTION was Maden by :'our, i l.me Buller Ricker, seconded ly t'-.)unc- i lmembe t VH s 11 i % 11, t - F oedopt REJULUT I ON NO. 40-C-88 REDUCING DEL'h t.l )FM%N'r WNU, FERNBRUVK WOODS ADDITION 07018). Milt i,in carried pit% i • v1' ,,' ' v.,too ttvo yea. 1111TION was made tai -- ti. ip..n +t Pl,-•kot,-4ticonde>!d 1 11' ('uncilmembe+t ".'.;mill r iAopt RFSoLUTI(.)N No. 90-689 REDU1 ' 1 Nll, 11EVI' PKEUT BOND, BOULDER N I DGE JWD I T I ON t H'1 12 4%. M,)t I011 Ceer t iOd I 11 -A I - it •i, r I%,*a _ht yc4.4. RESOLUTION 90-683 TRAFFIC 3 I ;ANAL SYSTEM AT C.S.A.l1. 10 AND NATHAN LANE Item •9-0 RESOLUTION 90-684 INSTALLATION OF ST,)? SIGNS Item *9-R R,LSOLUT ION EDUC T NG DEVELOPMENT Se018) Item "9-S--1 1WSO1dU1* QN REDUCING I)EVELOPME11T 89005) Item •9-S-2 KL3QLUTIQN REDUCING DEVELOPMENT 89044) Item '9-5-1 UNLUMN REDUCING DEVELOPMENT 8"7018) Item "9-S-4 WiQLVT i N REDUCING DEVELOPMENT 8814) Item 49 `+ 90-05 9 ol 0 o3v BOND 90 tiv- 11 BONG' 90-09 tit -IND SONE) 0 Regvlar Council Mseting October 15, 1990 Pagq, 423 MOTION was made by c::+unt: i'.member Ricker, .viecontied by Couacilmember Vaialliuii, t1j adopt RESOLUTION NO, 90-690 RI:DUC ING DEVY.I.,OPMENT BOND, STi:ZPLECNASE CTH ADDITIIPN (89078) . Mo/:ion carried on a roll call vote, five ayes. MUPION was made by Cont, imember Ricker, seconded by Counc i lmemb• t Vaa i 1 i, -)u; to adopt PASOLUT I ON NO. 90-691 REDUCING DEVELOPME14T BOND, ST. MARYS AC-DITION (85119) . Motion carried on 7w roll .a l 1 vote, five ayes. 143TION was made tjy k:ounl i lmember Ricks..-, seconded by Councilmember Va sili+si, to adopt RJOL1?':ION NO. 90-692 REDUCING DEVE:L,)PMENT BOND, ROOD POINTE ESTATES ADDITION 00441. Motion -.arried on i roll -all vete, five ayes. 140TTON was made by c:uurl+.- t lmdmber Ricker, seconded 1y Councilmembmt Va-g i l it ot, t adopt RESOLUTION NO. 90-693 REDUr I NG DEVELOPMENT BOND, TYRELL FIFTH ADDI'T'ION (y 06.9? . Motion carried on x roll "all vote, five ayes. MOTION wa3 made by Counc i lmeint.er Ricker, seconded by Counzilmember Vasili:+o.,, to adopt RESOLUTION NO. 90-59,' RADUC I NG DEVF.l,UPMENT BOND, TYRRLL SIXTH ADD :N (87105). Motion ;tarried oil A roll !all vote, fiver ayes. MOTION -was wede by i lmomber Ricker, aeconded y Coun;.ilmember Vasili.+ti, tc- adopt RESOLUTION NO. 90-195 REDUCING DEVELOPMENT BOND, 1 YRELL SEVENTH ADDITION 188072). M+ -)t ion carried c -D .-t c P) I .A 1 1 vote, f i ve ryas. MOTION "as made tly '. u 1 ' 1mh"%1,t3r Ri%-ker , seconded by Counc:ilmembet Vasi 1 iI .,I, t- -%dopt RESOLUTION NO. 90-1196 REDUC INS; DEVF I - iPMENT BOND, 1 YRELL EIGHTH l.I`DITION 0"1. 16) Motion carried .,ii 1 t+;l i -oil) vote, give dyes. M"UTION )0-620 REDUCING DEVIELOPMNT BoND, STEEPLECHASE 6TH ADDITION (b9078) Item *9-S-6 USOLUTION 90-01 REDUCING DEVELOPMENT BOND, ST. MARYS ADDITION 851191 Item *9-S-7 FESOLUTION 90-6y6 REDUCING DEVELOPMZNT BOND, WOOD POINTE ESTATES (88044) Item *9--S-8 RESOLUTION 90--693 REDUCING DEVELOPMLAT BOND TYRELL FIFTH ADDITION 187029) Item *9-S-9 U50LUTI014 90-694 REDUCING DEVELOPMENT BOND, TYRELL SIXTH ADDITION 1,87105) Item *9-S-10 RZSOLUTLVN 90-695 REDUCING DEVELOPMENT BOND, TYRELL SEVENTH ADDITION (880'%2) Item *9-S-11 FZSULUTIQN 4v0 vMt+ REDUCING DEVLLOPME11T BOND, TYRELL EIGHTH ADC,ITION (881361 Item *9-. - 1.2 is 0 Regular counk;i 1 meeting October i5, 2990 Page 424 MOTIvU was made by t'.ounc i lmomber Ricker, seconded by Councilmelaber Vasiliuu, to adopt RESOLUTION NO. 90-697 REDUCING D'"VELOPMENT BOND TYRELL NINTH ADDITION J89015). 30tion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliuu, to adopt RESOLUTION NO. 90-698 REDUCING QEVFLOPMENT BOND, WILD WINGS 3RD ADDITION (88141). Motion carried on a roll :all vote, five ayes. MO'T'ION was made by Councilmember Ricker, seconded by Councilmember Vnsilivu, t- adapt RESOLUTION NO. 90-699 APPROVING D10"BURSEMENT:3 FO.0 THE PERIOD ENDING SEPTIMER 30, 19y)Q . Motic,n carried un a rrll l. -all vc•_e, five ayes. MOTION wsm made by Councilmember Ricker, oeconded by Councilmembez Vasiliust, to adopt RESOLUTION NO. 911-700 ESTABLISHING A NATURAL. LKZSERVE PURSUANT TO PLYMOUTH CITY CODE, SECT?7N 810.031 SUBUIVISION 2. Motion carried on a roll :all vote, fivai Bayes. MOTION was made by (.4ouncilmember Vasiliuu, seconded by Cour c i lmembet Zi'. uc•, to adopt RESOLUTION NO. 90-701 AUTHORIZING PLYMOUTH TO JOIN THIP, ENVIRONMENTAL ('TTIES COALITION, Motion caraied un a roll .:all vote, file ayes. MOTION was made by Coun,_•ilmember Ricker, seconded by Councilmember Vasi1imi, to adopt RESOLUTION NO. 90.702 PROVIDING FON THE ISSUANCE AND SALE OF 5j0001000 GENERAL 081#1i:ATION IMPROVEMENT BONDS or 1990. Motion carried on a toll -all vote, five ayes. MOTION was made by Cuunctlmember Kickdir, secon ted by Oouv.;;ilmember Vasilit,us to adopt OFDINANCZ NO. 40-j( rELATING T(l ITY to lVERNMENT; AMENDING PLYMOUTH CITY C'l_)UE:, SUB.0o" TU IN 100.07 . UNLU IQN 90-697 RADUC I TVG DEVELOPMENT BAND, TYRELL NINTH ADDITION (89015) Item •9-S-13 U30LUTION 94-69@ REDUCING DEVELOPMENT BOND, WILD WINGS 3RD ADDITION (88141) Item *9-S-14 FMQLUTIQN 90-699 APPROVING DISBURSEPZNTS FOR PERIOD ENDING 9-30-90 Item *9-T MQLUTIQfi SCO -70Q ESTABLISHING A NATURAL PRESERVE Item 49-U RESQUTION 90-701 AUTHORIZING PLYMOUTH TO JOIN THE ENVIRONMENTAL CITIES COALITION Item 9-V UNLUTION 90-70410 PROVIUIN3 FOR SSUANCE AND SALE of $5,00n,000 OF G . k... ' K`k0 VE&aNT BONDS OF 1990 Item *9-W ORDINANCE 90-30 AMENDING CITY CODE: SECTION 100.07 Item *9-X to Regular Council 1"eting October 25, 1990 Page 425 Notion carried on a roll ca11 vote, five ayes, NOTION was made by Councilmember Ricker, seconded by Councilmember vasiliou, to approve the consolidation of transaction codes currently used for billing of water and sewer services. Motion carried on a roll call vote, five ayes. porta of_ fncera s-Mmde. and .CQm®i imm Revisions for Utility Billing Item *9-Y Public Works Director Moore presented the Project Project Status Status Reports. Reports Item 10-A Councilmember Zitur repot.ted on the City's presentation requesting a library to the Hennepin County Board of Commissioners. Councilmember Zitur reported on calls he received regarding stakinq •.)f a Vk,)pr:!ed watermain alonq the aligranent of Schmidt Lake Road, vest of Fernbrook Lane. It appears that In order tc protect the wetland area on onh side of the road, a number of trees will L%e removed. MOTION was made by Counuilmember Zitur, seconded by Councilmember Rinker, to direct staff to identify possible modifil-ations or alternatives for the "It"t Not Trash, It's Cash" Proqram relative to selection of prope:tiea to be chocked; a maximum award amount; and participation by city employees. Councilmember Zitur stated that city employees should be allowed to participate in the program. Councilmember Vasiliou suggeated that the award amount be lowered so that there are more winners. Councilmember Ricker sucJgested that city supervisors might be excluded, but other employees should be allowed to participate in the progritm. Motion carried, five ayo.s . The Council received th•. quaiturly ponding c: •il litigation report . CCR Rep rt s Item 10-B Quarterly Civil Lit.gation Report Item 10-C'--1 C, Regular Council Meeting October 15, 1990 Page 426 The Council received the quattirly insurance clalms report. Manager Willis stated thnt the City received a report of a possible ligir)r law violation which o.;:urred on April 1, 19901 at Kenny's Liquor. On September 241 the City received a letter from Jeffrey !ng of Holmes and Graven indicating that Judge rarrell had dismissed the case because the defendant had appeared for trail on two separate dates, but the City was not prepared to proceed. The Cit; was not prepared because the court had fail2d to notify the City of the trial date. He stated the Council should determine whether or not it desires to take any further action on this incident. If so, the Col.incil ehould determine whether it desires to act as the Nearing officer or appoint a hea-inn examiner. The estimated cost of a hearing examiner is $1,500. Larry Zielke, 6625 Lyndale Avenue South, Richfield, attorney for Kenny's Liquors, requested that the Cour. it review this case with the renewal of the liqu<.. license in 1991. He stated it is the license"Os .:ontention that there would not have been a cunviction if the case had gone to court. The license® Asserts that no violation occurred. He stated the case was dismisseJ by stipulation which means the City was in concurrence with the dismissal. Any further hearing on thin incident ie unniacessary and costly. If a hearing is held, he requested that it be held by a hearing examiner rather than the City Council. Attorney Thamaon stated the City agreed to dismisaal by st ipu iai ;oii beoause there was no other option. The Judges retuned to grant a continuance. He stated that lseQause of the Nudge's action, there i- no tetEirminativn of quilt or innocence in this .-ase . In response to Council ;iidst ions, Attorney Thomson briefly describt i the facts of the case. Councilmember Zit ut stat ••tl ho would like to read Quarterly Insurance Claims Report Item 10-C-2 Possible Liquor Violation -- Kenny's Liquors tees IA -0 n C7 Regular Council Meeting October 15, 1990 Page 427 the police incident report on the case in order to have a complete understanding of whether further action should be taken. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to table this item to November 5 and to direct staff to provide the Council with copies of the police incident reports, Councilmember Ricker asked retain a hearing examiner, assessed to Kenny's Liquor fine imposed? if the City chooses to could the cost be in addition to any Attorney Thomson stRted no, the cost fo- the hearing could not be assessed to Kenny's Liquor. He stated the hearing examiner would hear testimony ana make a finding of facts and conclusions on whether or not there was a violation. The Council would still make the actual finding of whether or nat a violation occurred. He further stated that unless the Council intends to consider suspension or revocation of the license, a hearing is not r_ necessary. Motion carried, five ayes. The Council reviewed City Council. Goals and objectives for 1990/1991. Manager Willis stated that departmental budget meetings, including Councilmembers, will begin the week of October 29. Councilmember Vasiliou asked that staff establish meetings for each human service agency that requested funding for 1991, of 15 minutes each beginning at 4:00 p.m., Monday, October 22, Manager Willis reported in the resolution of problems in Quail Ridge and Kings North. Attorney Thomson stated he Leviewed the council meeting tape of Auqust 'h, per Council direction, relating to the Kings Notth situation and a letter received from LDH: Builders. He stated it is his opinion that no .improper ren nrito were made at the meeting. City Council Goals and Objectives for 1990/1991 Item 10-E Kings Nort-h 0 Regular October Page 428 Council Meeting 15, 1990 Mayor Bergman read a letter which he in'. -ends to send to LDK Builders, Councilmember Vasiliou stated she received a call DeVries from residents concerned that the builder has Development failed to resolve various problems in the DeVries development. Manager Willis stated since this is related to problems with house construction, it is a private civil matter between the property owner and the builder. The City would have no involvement in this type of situation because there are no development contracts or agree&cents with the City guaranteeing this work. Mayor Bergman stated concern that the builder, who declared bankruptcy and did not complete the previous construction, may be attempting to establish a new corporation to build more homes. He asked staff to r -heck whether anything can be dons in this type of situation to require adequate cv.mpletien of work approved earlier. Since there will for the regular special meeting not be a quorum of the Council Council meeting on December 3, a was established for December 10, Councilmember Vasiliou asked staff to check on the three buildings that have been moved onto the Oakwood Schoc' site west of the maintenance and supply facility. Were permits obtained or necessary? The Council inquired about the filling at Greenwood School as cited by a neighbor at a recent council meeting. Director Moore responded that there was no filling of the wetland; t nly an abandoned sewer lagoon was filled under a permit issued for that purpose. The meeting was adjourned at 10:55 p.m. Special Meeting Council Buildings on Oakwood School Site Filling at Greenwood School 4 0