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¢s 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