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HomeMy WebLinkAboutCity Council Minutes 02-26-1990LI I u MINUTES REGULAR COUNCIL MEETING February 26, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:0S p.me in the Council Chambers of the City Center at 3407 Plymouth Boulevard on February 26, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Picker, Vasi l i ou, Zi tur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Community Development Director Tremere, Finance Director Hahn, Park Director Blank, Public Safety Director Carlquist, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATIONS Mike Trossen, Trossen, Wright a Associates Architects, presented the final plans and spec-ifications for Fire Station I. Site landscaping has been refined to meet the Zoning Ordinance, and the City has received permission to do some regraJi ng on the adjacent property to the south to cre,ite a b iffer from the parking lot. The floor plan has not changed, with the exception of an expansion of the mechanical/electrical room. Mr. Trossen showed a sample of the exterior brick. In response to a question by Councilmember Zitur, Fire Chief Robinson stated that fire fighters were involvea in each stage of the process. Manager Willis stated that the architect's estimated total construction cost for the project was $825,000 on January 16. The total construction cost is now estimated at $842,300; however, this is is actually a reduction from the original estimate because a new emergency generator, estimated at 40,000, has been included. Mayor Bergman asked if the other fire stations have emergency yt' mss. of Robinson stated no, but it should be considered in tits future. Fire Station Item 4 -A No. I Regular Council Meeting February 26, 1990 Page 57 MOTION was made b Councilmember Ricker, seconded D RESOLUTIONN 9 - y y 0. 0 126 Councilmember Zitur, to adopt RESOLUTION NO. 90-126 APPROVING .F PND SPECIFICATIONS :;tjD v•cw:' .,uVER'i ISt'NT FOR GiuS, ORCERI u 34115, NNE FIRE STATION NO, I, DEMOLITION OF EXISTING BUILDING AND STATIOM I CONSTRUCTION OF NEW BUILDING, CITY PROJECT N0, 825. Item 4-A Motion carried on a Roll Call vote, five ayes. Barb Parks presented a petition requesting some form of traffic control at tete intersection of Northwest Boulevard and Campus Drive. Sht. stated a traf;ic signal is needed at this intersection because of the new residential and commcrcial development in the area. Director Moore recommended that the Council request Hennepin Count) to conduct a 44tu4y on the need for a traffic signal a t this intersection. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0, 90-127 Cocncilmember Zitur, to adopt RESOLUTION N0, 90-127 REQUESTING REQUESTIW"TRMC HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT TRAFFIC STUDY AT COUNTY ROAD SIGNAL STUDY, 61 AND CAMPUS DRIVE Item 4-R Motion carried on a Rol, Call vote, 'Five lyes. Ri,-k Rosen presented the 1989 Park and Recreation Advisory PRBC Annual Report Commission Annual Report on behalf of PRAC. Iten 4-C MOTION was made by Councilmember VasiIiou, sec%,nded by Councilmember Zitur, to accept the 1L):`9 Park and Recreation Advisory Commission Annual Report, Motion carried on a Roll Call vote, five ayes. PROCLAMATION Mayor Bergman Volunteers of CONSENT AGENDA proclaimed *Le America Week, waek of March 4-11, 1990, as Items 9-J (designation of state aid str 1ptr) grid 9-0 (approval of engineering agrAe^Mnt; for 1 t)o con:truLtion ,,rojects) wero removed from the Consent Agenda. MOTION was made by Councilmember VasiIiuu, seconded by Councilmember Zitur, to adopt the Consent Agenda as amended. Motion carried on i Roll Call vote, five a,ies. is VolunteHrs of America f. a. , Item 5 Consont s%yenda Itarn 6 t RL gul ar February Page 58 MINUTES Council Meeting 26, 1990 MOTION was made by Councilmember Vas{liou, seconded by Councilmember Zitur, to approve the minutes of the March 5 and March 8 council meetings. Motion carried on a Roll Call vote, five ayes. Mayor Bergman opened a hearing it of Grocery Hut Inc., 3435 State non -intoxicating liquor license, was closed at 7:21 p.m. 7:20 p.m, on the application Highway 169, for an off -sale No one appeared. The hearing MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-128 APPROVING OFF -SALE NON -INTOXICATING. LIQUOR LICENSE FOR GROCERY HUT, INC. Motion carried on a Roll Call vote, five ayes. Ma iter Bergm,in opened a hearing at 7:21 p.m. on 1989 Weed Eradication and Destruction Assessments, Roll 3. Lauran%,e R. Elwell, 6125 Highway 101 North, presented a written objection to t,:s assessmeAt. Mr. Elwell stated he owns approximately 3.5 aqft,es at County Road 6 and Ferndale Lane. He stc ted he had de itroyed thistles after receiving a letter from the weed inspector. Mr. Elwell stated a portion of the property is unusable and he would like some direction as to what he could do with the property. He requested that he not be assessed a penalty since he had tried to comply with the inspector's ord _rs. Mark Peterson, Park Superintendent, stated that Mr. Elwell was notified on August 1, 1989, to cut weeds on the property. A reinspection reveale noxious weeds (thistles and purple loosestrife) remained on the parcel and mowing was then done by the City to abate the nuisance. Councilmember llelliwell asked if the City mowed Mr. Elwell's planted crops. Mr. Elwell stated that no crops were planted when the mowing was done. Councilmember Ricker asked if Mr. Elwell had communicated with Superintendent Peterson after receiving his letter. Mr. Elwell itated that he thought he had complied with the order, but in hindsight. he should have discussed the situation with Mr. Peterson. He stated his concern is how to make the property saleable so that the problem can be resolved. 0 Minutes Item *7 RESOLUTION N0. 90-129 APPROVING LE— NON-INTOXICATING LIQUOR LICENSE FOR GROCERY HUT INC. Item 9-A Assessment Hearing on Weed Eradication Item R -B Regular Council Meeting February 26, :c90 Page 59 No one else appeared for the hearing. hearing at 7:36 p.m. Mayor Bergman closed the MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to adopt RESOLUTION NG. 90-129 ADOPTING ASSESSMENT 1989 WEED ERADICATION AND DESTRUCTION, ROLL 3. MOTION to amend the main motion was made by Councilmember Zitur, seconded by Councilmember Helliwell, to remove the Elwell assessment from the assessment roll. Motion to amend failed; Zitur and Helliwell ayes; Vasiliou, Ricker and Bergman nays. 0eiginal motion carried on a roll call vote, four ayes; Helliwell nay. Staff was directed to meet with Mr. Elwell to discuss options for ut-i 1 i ty service to the property and related cots, and any other issues related to the process for developing the property. Mayor Bergman opened a hearing at 7:39 p^ on assessments for removal and destruction of diseased trees, Roll 1. No on%j appeared. The hearing was closed at 7:39 p.m. MOTION was made by Councilmember Vasiliou, ASSESSMENT, 1989 REMOVAL 1. Councilmember Ricker, seconded by to adopt RESOLUTION NO. 90-130 ADOPTING AND DESTRUCTION OF DISEASED TREES, ROLL Motion carried on a roll call vote, five ayes. Mayor Bergman opened a drainage, utility, and Industrial Development. closed at 7:40 p.m. hearing at 7:40 p.m. on driveway easement in Block No one appeared and the Councilmember Zitur stated and determined that it is item. He had abstained hearing, vacation of 2, Scherer hearing was he had checked with the City Attorney not a conflict for him to vote on this at a previous meeting setting the MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION N0, 90-131 AUTHORIZING THE VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN BLOCK 2 SCHERER INDUSTRIAL DEVELOPMENT ADDITION. Motion carried on a roll call vote, five ayes. 6 RESOLUTION N0, 90-129 ADOPTING ASSESSMENT FOR 1989 WEED ERADICATION, ROLL 3 Item 8-B RESOLUTION N0, 90-134 ADOPTING ASSESSMENT' FOR REMOVAL OF DISEASED TREES, ROLL 1 Item 8-C RESOLUTION N0, 90-131 AUT RO EASEMENTS, SCHERER INDUSTRIAL DEVELOPMENT ADDITION Item 8-D-1 J 6 Regular Council Meeting February 26, 1990 Page 60 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-132 AUTHORIZING THE VACATION OF A DRIVEWAY EASEMENT IN BLOCK 2 SCHERER INDUSTRIAL DEVELOPMENT ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made b) Councilmember Zitur, CONDITIONS TO BE MET and 90-132 VACATING DRIVEWAY EASEMENT FOR ADDITION. Councilmember Vasiliou, seconded by to adopt RESOLUTION NO. 90-133 SETTING PRIOR TO FILING OF RESOLUTION NO. 90-131 THE DRAINAGE AND UTILITY EASEMENTS FOR BLOCK 2, SCHERER INDUSTRIAL DEVELOPMENT Motion carried on a roll call vote, five ayes. Mayor Bergman opened a hearing at 7:41 p.m. on vacation of a portion of Zircon Lane right-of-way and 54' wide storm sewer and surface drainage easement, Bay Pointe on Mooney Lake. No one appeared and the hearing was closed at 7:41 p.m. MOTION was Bergman, to OF A STORM PORTION OF LAKE. made by Councilmember Vasiliou, seconded by Mayor adopt RESOLUTION NO. 90-134 AUTHORIZING THE VACATION SEWER EASEMENT AND SURFACE DRAINAGE EASEMENT OVER A GOVERNMENT LOT 1 SECTION 30 FOR BAY POINTE ON MOONEY Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION N', 90-135 AUTHORIZING THE VACATION OF A PORTION OF ZIRCON LANE MIGHT OF WAY BETWEEN THE EASTERLY EXTENSION OF THIC NORTH LINE OF LOT 1, BLOCK 11, GREENTREE WEST AND THE SOUTH PLAT LINE OF GREENTREE WEST FOR BAY POINTE ON MOONEY LAKE ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt REOSLUTION NO. 90-136 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION N0. 90-134 and 90-135 VACATING THE STORM SEWER EASEMENT AND SURFACE DRAINAGE EASEMENT OVER A PORTION OF GOVERNMENT LOT 1, SECTION 30 AND A PORTION OF ZIRCON LANE IN GREENTREE WEST ADDITION. Motion carried on a roll call vote, five ayes. Mtoyor Bergman opened a hearing at 7:43 p.m. on vacation of drainage and utility easements on Lots 4 ar,d 5, Rlock 1, Industrial Park 494. No one appeared and the hearing was close' at 7:43 -.m. RESOLUTION NO. 90-132 OF DRIVEWAY EASEMENT SCHERER INDUSTRIAL DEVELOPMENT ADDITION I;em 8-D-1 RESOLUTION N0, 90-133 SETTING C BE MET PRIOR TO FILING Item 8-0-1 PESOLUTION NO. 90-134 AUMORIZINri VACATION OF EASEMENTS FOR BAY POINTE ON MOONEY LAKE Item 8-D-2 RESOLUTION NO. 90-135 AUTHOR VA 1 TTnN' OF PORTION OF ZIRCON LANE Item 8-D-2 RESOLUTION NO. 40-136 9-njMT71W' n BF MET PRIOR To FILING Item A -D-2 n LJ C7 Regular Council Meeting February 26, 1990 Page 61 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-137 Councilmemher Zitur, to adopt RESOLUTION NO. 90-137 AJTHORIZING AUTHORT THE VACATJIN Or CERTAIN DRAINAGE AND UTILITY EASEMENTS IN LOTS 4 OF DRAINAGE AND AND 5, BLOCK 1, INDUSTRIAL PARK 494 ADDITION. UTILITY EASEMENTS IN Motion carried on a roll call vote, five ayes. INDUSTRIAL PARK 494ADDITION Item 8-D-3 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-138 SETTING RESOLUTION N0, 90-138 CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 90-131 SETTING CONDITTM97" M VACATING THE DRAINAGE AND UTILITY EASEMENTS FOR LOTS 4 AND 51 BE MET PRIOR TO FILING BLOCK 1, INDUSTRIAL PARK 494 ADDITION. Item 8-D-3 Motion carried on a roll call vote, five ayes. MOTION was made by Co u nc i I membe r Vasiliou, seconded by RESOLUTION NO. 90-139 Councilmember Zitur, to adopt R;.SOLUTION NO. 90-139 APPROVING APPROVING PRELIMIN, PRELIMINARY PLAT FOR OPUS COR11ORATION (90001). PLAT FOR OPUS CnRP. 90001) Motion carried on a roll call vote, five ayes. Item *9-A MOTION was made by Councilmember Vasiliou, seconded by RESOLPTION NO. 90-140 Councilmember Zitur, to adopt RESOLUTION N0, 90-140 APPROVING SITE UT— SITE PLAN AND CONDITIONAL USE PERMIT FOR OPUS CORPORATION AND CONDITIONAL ijSE 90001). PERMIT FOR OPUS CORP. 90001) Motion carried on a roll call vote, five ayes. Item *9-A MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-141 Councilmember Zitur, to adopt RES^LUT I ON NO. 90-141 APPROVING APPROVTR^; STT 71V— C.uE PLAN FOR NORTHERN STATES POWER COMPANY (90004). FOR NSP (90004) Item kl-B M -)tion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-142 Councilmember Zitur, to adopt RESOLUTION NO. 90-142 APPROVING APPROVM FINAL `1PLAT MPUU FINAL PLAT AND DEVELOPMENT CONTRACT FOR KEVIN J. KUECHLE AND DEVELOPMENT 9033) (MPUD 83-1). CONTRACT FOR KEVIN KUFCHLE (89033) Motion carried on a roll call vote, five ayes. Item *9-C MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-143 Councilmember Zitur, to adopt RESOLUTION NO. 90-143 SETTING SMITIW" CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE MPUD BE MET PRIOR rO FILING FINAL PLAT FOR KEVIN KUECHLE (89033) (MPUD 83-1). 89033) Item *9-C Motion carried org a roll call vote, five ayF,. Regular Council Meeting February 26, 1990 Page 62 MOTION was made by Councilmember Vasiliou seconded by RESOLUTION NO, 90-144 Councilmember Zitur, to adopt RESOLUTION NO. 90-144 APPROVINa APPROVING FINAE--MT MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS AND DEVELOPMENT CONSTRUCTION COMPANY FOR FOX RUN 5TH ADDITION (89058) (MPUD CONTRACT FOR FOX RUN 83-1), 5TH ADDITION (89058) Motion carried on a roll call vote, five ayes. Item *9-D MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-145 Councilmember Zitur, to adopt RESOLUTION NO. 90-145 SETTING SETTING 0 CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO (HE MPUD BE MET PR,OR TO FILING FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR FOX 1%89058) RUN 51'1 ADDITION (89058) (MPUD 83-1). Item *9-0 Motion :.-cried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-146 Couo,)c-*li,Qmber Zitur, to adopt RESOLUTION NO. 90-146 ADOPTING AbOPTIN9 ASSESSME ASSESSMENTS, PROJECT N0, 019, WATERMAIN AREA FOX RUN 5TH PROJECT NO, 019 ADDITICN. FOX RUN 5TH ADDITION Item *9-D Motion rdrried on a roll call vote, five ayes, MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-147 Councilmember Zitur, to adopt RESOLUTION NO. 90-147 APPROVIaG A740VIN9 LOT— LOT COtiSOLIDATION FOR CALIBER DEVELOPMENT CORPORATION (89116). CONSOLIDATION FOR CALIBER DEVELOPMENT Motion carried on a roll call vote, five ayes. CORP, (89116) Item *9-F MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO, 90-148 SETTING RESOLUTION NO. 90-148 CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT SETTING CONDITIONS TO CONSOLIDATION FOR CALIBER DEVELOPMENT (89116), BE MET PRIOR TO FILING Item *9-E Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-149 Councilmember Zitur, to adopt RESOLUTION NO. 90-149 APPROVING APPRO T9— FINAL -PEAT APUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS AND DEVELOPMENT CONSTRUCTION COMPANY, INC. FOR STEEPLECHASE 7TH ADDITION (90008) CONTRACT FOR MPUD 83-1). STEEPLECHASE 7TH ADDITION (90008) Motion carried on a roll call vote, five ayes. Item *9-F MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO, 90-150 Councilmember Zitur, to adopt RESOLUTION N0, 90-150 SETTI11G RTTING 0 CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUJ BE MET PRIOR TO FILING FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR (90008) STEEPLECHASE 7TH ADDITION (90008) (MPUD 83-1), Itam *9-F Motion carried on a roll call vote, five ayes. t Regular Council Meeting February 26, 1990 Page 63 Park Director Blank presented the recommen lations of the Park and Recreation Adyi sory Comai ssion for 1990 Park Improvement Projects. He explained each project and r,?commended that the City Council approve the projects and designate consultants, Councilmember Vasiliou stated she was glad to see maintenance costs included in the information presented. She asked what criteria was used to select consultants. Director Blank presented proposals from three consultants for the various projects, He slated each of the firms has prior experience with the City and could satisfactorily do the work. Councilmember Vasiliou stated her concerns, that the recommended projects truly reflect the needs of the citizens and address safety issues, as well as be innovative, PRAC Commissioner Rosen responded lack o;-itizen participation in Residents have the opportunity for it. that PRAC is concerned about the public hear'ng process. input, but many aren't nisi ng Mayor Bergman asked if whether a playfield shoild be lighted or unlighted will be considered in the study, Director Blank stated yes, estimates will be requested for both options. Councilmember Helliwell stated that some residents near Bass Lake Playfield may be opposed to a lighted field, She stated she is in favor of a cultural center, rather than recreation funds all going for sports. The proposed community center was only sports related. Councilmember Helliwell agreed with Commissioner Rosen, stating that she recei-,es minimal citizen input on the perks, Commissioner Rosen stated the iitended to servo -cultural needs uses of a cultural nature were Council directed that the center proposed canmunity center was of the community; however, many eliminated when the previous was to be self-supporting, Councilmember Vasiliou urged PRAC to he sen!itive too the age of children in the neighborhood so equipment i-,. geark_ l toward the users. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RE,:OLUTI04 N0. 90-151 ORDERING PREPARATION OF PRELIMINARY REPORT, BASS LAKE PLAYFIELD, designating Brauer 8 Associates as the consultant f;)r the project, 1990 Park Projects Item 9-G Improvement RESOLUTION NO, qO-151 DRZ MNG EPT;_BAT3 LAKE PLATT ELD tem 9-G Regular Council Meeting February 26, 1590 Page 6A Notion carried on a roll call vote, five ayes. NOTION was made by Cou nc i I membe r Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-152 ORDERING PREPARATION OF PRELIMINARY REPORT, PARKERS LAKE PLAYFIELD, designating Brauer 3 Associates as the consultant for the project. Motion carried or a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-153 APPROVING SWAN LAKE NEIGHBORHOOD PARK PRW ECT, designating Barton -Ashman as the consultant for the project. Motiin carried on a roll call vote, five ayes. MCTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION N0, 90-154 ORDERING PREPARATION OF PRELIMINARY REPORT WEST MEDICINE LAKE TRAIL, IATH AVENUE SOUTH TO RAILROAD TRACKS. Motion carried on a roll call vote, five ayes. MOTION was made by Ccou nc i I member Zitur, secondee; by Councilmember Ricker, to adopt RESOLUTION NO. 90.155 APPROVING 46TH AVENUE TRAIL BETWEEN LPCHARY AND NATHAN LANES. Motion carried on a roll call vote, tive ayes. MOT ION was made by Counci Iwil1 nher Zi tur-, seconded by Councilmemb3r Ricker, to diiopt REQ 11 UTION No. 90-156 APPROVING IMPRO:'EMENTS TO EXISTING FACILITIES. Motion carried or a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adept RESOLUTION NO, 90-157 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCH03L DISTRICT NO. 284 (WAYZATA) FOR PLYMOIITH %REEK ELEMENTARY SCHOOL 58035). Notion carr,.ed on a roll c,01 vote, five ayes. MOTION was made by Cnuncilmenber Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NJ. 90-159 AUTHORIZING REDJCTION OF SITE PERFORMANCE GUARANTEE FOR INDENPENDENT SCHOOL DISTRICT N0. 284 (WAYZ.ATA) FOR GLEASON LAKE ELEMENTARY SCHOOL 88036). Motion carriel on a roll call vote, fiv, ayes, RESOLUTION N0, 90-152 ORDERING REPORT, PARKERS LAKE PLAYFIELD Item 9-G RESOLUTION N0. 90-153 AMOVING SWAN LAXE-- 4EIGHE3RHOOD PARK PROJECT Item 9-1, RESOLUTION NO. 90-154 MORT% REPORT, 9M. MEDICINE LAKE TRAIT. Item 9-G RESOLUTION N0, 90-155 A1sP'R"I NG"4TN 'AVEIJTlE TRAIL BETWEEN ZACHARY AND NATHAN LANES Item 9-G RESOLUTION NO. 90-156 MIMING IMORMMUS TO EXISTIVG FACILITIES Item 9-G RESOLUTION N0, 90-157 REDUCTION5>T'n- WC:AL GUARANTEE FOR PLYMOUTH CREEK ELEMENTARY SCHOOL Item *9-H-1 RESOLUTION N0, 90-1SR RMIII'TTOff-WFIRARCI L GUARANTEE FOR GLEASON LAKE ELEMENTARY SCHOOL Itom *9-H-2 C 6 Regul a February Page 65 Council Meeting 26, 1990 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-159 Councilmember Zitur, to adopt RESOLUTION NO. 90-69 DECLARING ASEPTING PETITION ARD ADEQUACY OF PETITION AND 3RDERING PREPARA,ION OF REPORT, STREET ORDERING REPORT, LIGHTING - SUNSET VALLEY HOMES SECOND ADDITION. HERITAGE WOODS SECOND STREET LIGHTING FOR call vote, five ryes. ADDITION SUNSET VALLEY HOMES Motion carried on a roll call vote, five ayes. Councilmember Vasiliou, seconded by SECOND ADDITION Councilmember Zitur, to adept RESOLUTION NO. 90-164 RECEIVIR'G RECEIVTR REPORT Item *9-I-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0, 90-160 Councilmember Zitur, to adopt RESOLUTION N0, 90-160 RECEIVING AW REPORT AND ORDERING PROJECT - STREET LIGHTING, SUNSET VALLEY ORDERING STREET HOMES SECOND ADDITION. LIGHTING FOR SLIASET VALLEY HOMES SECOND Motion carred on a roil call vote, five ayes. ADDITION Item *9-I-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NJ, 90-161 Councilmember Zitur, to adopt RESOLUTION 40. 94-161 DECLARING ACCEPTING PETITIN-RD ADEQUACY OF PETITION AND ORDERING PREPARATION Or REPORT, STREET ORDERING REPORT, LIGHTING - QUAIL RIDGE OF PLYMOUTH 4TH ADDITION. STREET LIC.HTING FOR QUAIL RIEGE OF Motion carried on a roil call vote, five eyes. PLYMOUTH 4TH ADDITION Item *9-I-2 MOTION was made by ro uncilmember Vasiliou, seconded by RF.SOLIITION NO. 90-162 Councilmember Zitur, to adopt lt:SOLUTION N0. 90-162 RECEIVING l'T' REPORT AND ORDERING PROJECT - STREET LI(iHTING, QUAIL RIDGE OF OROE;ING STREET PLYMOUTH 4TH ADDITION. LIGH,ING, QUAIL RIDGE OF PLYMOUTH 4TH ADON. Wtion carried on a roll call vote, five oyes. Item *9-1-2 MOTION was made by Councilmember Vasil•.ou, seconded by Rc.SOLUTION NO, 90-163 Councilmember Zitur, to adopt RE KLUTION NC. 90-163 DECLARING lc; -PETITION ARO ADEQUACY OF PETITION AND ORDERING PREPARATIOW OF REPORT, STREET ORDERING REPORT, LIGHTING - HERITAGE WOODS ESTATES SECOND ADDITION. STREET LIGHTING HERITAGE WOODS SECOND Motion carried on a roll call vote, five ryes. ADDITION Item *9-I-3 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION N0, 90-164 Councilmember Zitur, to adept RESOLUTION NO. 90-164 RECEIVIR'G RECEIVTR REPORT REPORT AND ORDERING PROJECT - STRE=T LIGHTING, HERITAGE WOODS ORDERING STREET ESTATES SECOND ADDITION. LIGHTING, HERITAGE WOODS SECOND ADDITION Motion carried on a roll call vote, give eyes. Item *9-I-3 Councilmember Helliwell stated she could not support state aid Designation of designation of Holly Lane from proposed Schmidt Lake Rjad to Municipal State Aid Rockford Roaci. She stated she does not want Schmidt Lake Road Streets to be built and this designation makes reference to the future Itam 4-J construction. Regular Council Meeting February 26, 1990 Page 66 Councilmember Zitur stated to acconnodate the continuing that Sc'imidt Lake development in the Roed -s needed area. Director Moore stated the City is now five miles below its permitted state aid mileage designation, Toe designation of Holly Lane would add approximatt,ly three oni 1 ?s to the system. The City currently gets about $1 million per year --half is population based and half is based on demonstrated need. Designation of a street does not guarantee that it will be built, and the state aid designation can be removed at any time. Schmidt Lake Road is on the state aid system and that is why Holly Lane is recommended. Councilmember 4elliwell asked when Holly Line construction is anticipated under the Capital Improve+ient Program, Director Moore said Hol v Lane is indicated as Dunkirk Lane construction in the proposed Capital Improvemea t Program for 1993 construction; however, the Council has been requested by a developer to move this project ahead. Councilmember Vasiliou verified that because the City designates a street for the state aid system, does not necessarily mean the funds must be used for that specific street or are lost. isO'rector Moore stated that waq correct. In order to get the funds, the City must award a contract 'itr construction of a municipal state aid road. He gave the example of Fernbrook Lane north of County Road y. Two years of state aid funds were used for this project. MOTION was made by Councilmember Ricker, ESTABLISHING MUNICIPAL Plymouth Blvd, to State Councilmemoer Zitur, seconded by to adopt RESOLUTION NO. 90-165 STATE AID HIGHWAY, Rockford Road from Highway 55. Motion carried on a roll call vote, four ayis; Helliwell nay, MOTION was made by Councilmember Zitur, secondee. by Councilmember Ricker, to adopt RESOLUTION NO. 90-166 ESTABLISHING MUNICIPAL STATE AID HIGHWAY, Holly Lana from proposed Schmidt Lake Road to Rnckford Roar, Motion carried on a roll call vote, four ay s; Helliwell nay. MOTION was made by Councilmember Z-tur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-167 ESTABLISHINC MUNICIPAL STA1E AI6" HIGHWAY Medina Road from Dunkirk Lane to County Road 101. Motion carried on a roll call voce6 , four ayLs; Helliwell nay. RESOLUTION N0. 90-165 ESTABLISHING MUNIC L STATE AID STREET Item q -J RESOLUTION NO. 90-166 ESTABLISHING L SATE AID STREET Item 9-J RLSOLUTION N0, 90-167 ES L STATE AID STREET Item 9-J 1 Regular Council Meeting Fe4ruary 26, 1990 Page 67 MOTION was made by Councilmember Zitvr, seconded by Councilmember Ricker, to adopt RESOLLTION N0. 90-168 REVOKING MUNICIPAL STATE AID HIGHWAY, Ounkirk Lane from County Road 24 to proposed Medina Road. Motion carried on a roll call vote, four ayes; Helliwell nay. MOTION was made by Councilmember Vasillou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-169 AWARDING BID, HARBOR LANE STREET IMPROVEMENTS, CITY PRIVECT N0, 912. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded 5y Councilmember Zitur, to adopt RESOLUTION NO. 90-170 ORDERING IMPROV W NT AND PREPARATION OF PLANS AND SPECIFICATIONS, 15TH AVENUE - NORTH OF SOUTH SHORE DRIVE, STREET AND ORAI4AGE IMPROVEMENTS, CITY OF PLYMOUTH PROJECT N4. 9456 Motion carried on a roll call vote, five ayes. MOTION was made by C%mcilmember Vasiliou, seconded by Councilmenter Zitur, to adopt RESOLUTION NO. 90-171 CALLING FOR HEARING ON IMPROVEMENTS, 1950 STREET RECONSTRUCTION PROGRAM, CITY PROJECT N0, J01. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-172 REDUCING DEVELOPMENT BOND, THE BROCKPAHLER ADDITION (80046). Motion carried on a roil call vote, five ayes, MOTION was made by Councilmember Vnsili-)u, seconded by Councilmember Zitur, to adopt RESOLUT:ON NO. 90-173 REDUCING DEVELOPMENT BUND, PARKERS LAKE NORTH 2ND ADDITION (87006). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adept RESOLUTION NO, 90-174 RF:)JCING 1I:VEL 4FNI ENT 3- oNn, KUECHLE ADDITION (89033). Motion carried on a roll call vote, five ayes, 6 RESOLUTION NO, 90-168 L STATE AID STREET Item 9-J RESOLUTION N0, 90-169 AWARD 1Z—M6',—'9=R LANE IMPROVEMENTS PROJECT N0, 912 Item *9-K RESOLUTION NO. 90-170 ORDERING FWER( V - 15TH AVENUE NORTH+ OF SOUTH! SHORE DRIVE PROJECT NO. 945 Item *9-L RESOLUTION NO, QO-111 SETTIMIG HEART99ON 1990 STREET RECONSTRUCTION PROGRAM Item *9-M RESOLUTION N0, 90-172 REDTICT0 DEVELt P T BOND, THE BROCKPAHLER ADDITION (80046) Item *9-N-1 RESOLUTION N0, 90-173 REDUCING DEVEC1O T BOND, PARKERS LAKE NORTH 2NO ADDITION 87006) Item *9-N-2 RESOLUTION N0, 90-174 REOUCTUG DRUMM BOND, KUECHLE ADDITION 8903 ) Item *9-N-3 E Regular Council Meeting February 26, 1990 Page 68 MOTION was made by Councilme.mber Vasiliou, seconded by Counrilmember Zitur, to adopt RESOLUTION NO. 90-175 REDUCING DEVELOPMENT BOND, DEERHAVEJ THIRD ADDITION (89105). Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked if the inspection concerns noted by the Council at a recent study session are included in the engineering agreements for 1990 construction projects. Director Moore responded that t ose agreements are for engineering services. Direction will )e given to the consulting engineer to address the Council's ccacerns in the construction contract for each project. MOTION was made by Councilmembei Vasiliou, seconded by Councilmember Zitur, to adopt RESOL TION N0, 90-1.76 APPROVING ENGINEERING SERVICES AGREEMENT, DON0411E AND ASSOCIATES, MEDINA ROAD - STREET AND UTILITIES, CITY PRC -ECT N0, 010. Motion carried on a roll call vote, -.ve ayes. MOTION was made by Councilmember Zitur, to ENGINEERING SERVICES ASSOCIATES, INC., CnUNTY CITY PROJECT NO. 012. CoanciImemb,r Vasiliou, secoroed by aL.)pt RESPIliTION NO. 90-177 APPROVING AGREEMENT, RIEKE, CARROLL, MULLkR ROAD 101/C0 ":TY ROAD 9 TRIINK WATERMAIN, Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Cr.-inci lmen,ber Zitur, to adopt RESOLUTION NO. 90-178 APPROVING ENGINEERING SERVICES AGREEMENT, SCHOELL AND MADSON, INC., NJRTHCENTRAL TRUNK SANITARY SEWER, 1. TY PROJECT NO, 015. Motion carried on a roll call vote, five ayes. MOTION was made by Counc i I mea b r Vasiliou, seconded by Councilmember Zitur, to adopt RESiL UTION NO. 90-179 APPROVING ENGINEERIN4 SERVICES AGREEMENT, JA.MEzi M. MONTGOMERY, POND BC -P1, CITY PROJECT N0, 016. Motion carried on it roll call vote five ayes. MOTION was mad c by Councilm -jer Vasiliou, seconded by Councilmember Zitur, to adopt RESi.UTION NO, 90-180 MODIFICATION OF PAYMENT SCHEDULE, LEVY NO3, 1''17 AND 1112^. Motion carried on a roll call vote, five ayes. RESOLUTION N0, 90-175 REDUCING DEVELO T BOND, DEERHAVEN THIRD AOOITION (84105) Item *9-N-4 RESOLUTION NO. 90-175 APPRUVING ENGINEER AGREEMENT, PROJECT 010 Item 9-0-1 RESOLUTION N0, 90-177 APPROYING ENGINEER AGREEMENT, PROJECT 012 Item 9-0-2 RESOLUTION NO, 9U-178 APPRDVIRr. ENGINEER AGREEMENT, PROJECT 015 Item 9-0-3 RESOLUTION N0, 90-17Q APPROVING ERC NTnM AGREEMENT. PROJECT 016 tem 9-0-4 RESOLUTION N0, 90-180 ROOM ATMW7W ---- PAYMENT SCHEDULE, LEVY NOS, 11127 AND 11119 Item 49-P Regular Council Meeting February 26, 1990 Page 69 MOTinN was m9de by Councilmember Yaslliou, seconded by RESOLi.TION N0, 90-181 Counc i lmember Zitur, to adopt RESOLUTION NO. 90-181 ORDERING DmThih i A —FOR PLANS AND SPECIFICATIONS, VINEW000 LANE/COUNTY ROAD 9 AREA VINEW003 LANE/C.R. 4 IMPROVEMENTS, CITY PROJECT NO. 948. AREA IMPROVEMENT`, PROJECT 948 Motion carried on a roll call vote, five ayes. Item *9-Q Sherwan Goldberg appeared on behalf of Hans Hagen requesting Request for Payment payment for oversized watermain within the Harbor Place for Utility Oversizinq Addition. Hans Hagen - Harbor Place Addition Manager Willis explained the staff position that the Item 9-R responsibility to install the sewer and water services is that of the developer and not of a purchaser of the lots. He recommended Lhat the financial guarantee need's to he reestablished prior to the City releasing payment for utility o,tersizing. Nr. Goldberg stated that the new property owner is willing to submit an assessment waiver and agree to be assessed for the serw;ces. Manager Willis stated that whin the waiver is received, the City mill release payment for the utility oversizing. MOTION was made by Councilmember Vasiiiou, seconded by RESOLUTION N0. 90-182 Councilmember Zitur, to adopt RESOLUTION NO. 90-182 APPROVING APPROVING UISBURSEML:NiS FOR THE PERIOD ENDING JANUARY 31, 1990. OISBURSEMEN:; 'OR PERIOD ENDIN(, 1-31-90 Motion carried on a roll call vote, five ayes. Item *9-S MOTION eras made by Councilmember Vasiliou, seconded by RESOLUTION N0, 90-1113 Councilmember Zitur, to adopt RESOLUTION N0, 90-183 APPROVING APPROV14G 14W THE 1990 FACILITY RENTAL PCLIC:ES AND FEE SCHED"!ES, FACILITY KATAL POLICIES Motion carried on a roll call vote, five ayes. Item *9-T Manager Willis presented a status rep"rt on the Hennepin County Report on Hennepin r,roposal far yard waste disposal. Gaunty lroposil for Yarc. Wast 7ispnsal MOTION was made by Councilmember VasiIio1i, seconded ny :tem Q-10 Councilmerher Zitur, to accept the report. Motion carried, five ayes. Manager Willis recomnended that thi iut;n,j 1 authors zn two additional sworn personnel for tMe Police Department offectivp immediately. fie stated that one of the two officers would provide the opportunity of freeiiig Lieutenaot Paulson to concentrate solely on the National Accreditation proiaram. The 1 9 41 Regu'ar Council Meeting February 26, 1990 Page 70 second individual would provide a fill-in for a police investigator who is currently disabled and is not expected to return to duty for some time. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RESOLUTION N0, 90-184 ADDITION OF TWO SWORN POSITIONS TO THE POLICE DEPARTMENT, Mayor Bergman asked if additional officers would be needed in 1991 if the D.A.R.E. Program is expanded. Public Safety Director Carlquist stated two more officers would likely be needed if D.A.R.E. services were extended to the five additional elementary schools in Plymouth (includes Sunny Hollow). Mayor Bergman asked what efforts are anticipated to address the drug problem. Director Carlquist stated currently Hennepin County, State of Minnesota, or Drug Enforcement Agency is called for assistance in large narcotics investigations. He stated he supports problem orierlted policing (POP) and proactive efforts to address the drug problem in Plymouth. The department is already using proactive policing through the D.A.R.E. Program, Domestic Abuse Program, Youth Service Officer, and Community Relations Officer. Councilmember Zitur stated that a city-wide task force is needed to bat le the war on drugs in Plymouth. Councilmember Vasiliou asked if more emphasis should be placed on the users, as recommended by Senator McGowan, Director Carlquist stated yes, and drug treatment resources and education efforts need to be expanded. Motion carried on a rel l call vote, five ayes. Director Blank requested direction from the Council regarding connection of the trail between Steeplechase 3rd Addition and Chelsea Mews. He stated that the Chelsea Mews Association does not want to connect to the public trail system; however, there is a safety concern. The area is heavily wooded and children coming out of the woods may not be seen by passing traffic. Easements would need to be secured to connect the 30' section of trail, RESOLUTION NO. 90-184 ADDITION OF TWO SW POLICE OFFICERS Item 9-V Public Trail Connection from Steeply -chase 3rd Addition to Chelsea Mews Item 94 Regular Council Meeting February 26, 1990 Page 71 nMOTIONwasmadebyCouncilmemberRicker, seconded by Councilmember Zitur, to direct staff to try to secure an easement from the Chelsea Mews Association to build the 30' of trail as recommended. Staff is to deal with representatives of the homeowners' association. Motion carried, five ayes. Manager Willis presented a report on Minnesota State lottery issues. He asked if the Council desires to consider any action to regulate lott:ry retailers through the zoning ordinance, or whether the City Attorney should seek an attorney general's opinion regarding a possible inconsistent between the state statute and city code prohibiting gambling in liquor establishments. Attorney Thomson stated the statute is clear that cities cannot license 1 ottery retailers; however, cities have broad discretion in regulating liquor establishments and may be able to restrict lottery sales in liquor establishments. Councilmember Ricker asked if anyone had contacted the League of Minnesota Cities (LMC) for direction. Attorney Thomson stated he had, and the LMC attorney agreed it is unclear to what extent a city can regulate the lottery. Councilmember Helliwell appropriate place for convenience stores, and for that use, stated that liquor establishments are an sales to occur, along with grocery and the ordinance should be amended to allow MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct the City Attorney to draft a City code amendment which would not prohibit lottery activities in liquor establishments. MOTION carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-185 APPROVING TAXICAB LICENSE FOR 1990 FOR TRAVEL EXPRESS TAXI. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 90-186 APPROVING TAXI DRIVER LICENSE FOR 1990. Motion carried on a roll call voto, five ayes. 6 Minnesota Lottery Issues Item 9-X RESOLUTION N0. 90-185 APPROVING TAXICAB LICENSE FOR TRAVEL EXPRESS TAXI Item *9-Y RESOLUTION NO. 90-186 LICENSE FOR FEREYDOUM 3EHNAM FOR 1Q90 Item *9-Y 1 Regular Council Meeting February 26, 1990 Page 72 Councilmember Vasiliou stated there are several private streets in the City that are mai ntai ned, repaired. and replaced at the expense of the affected homeowners. Staff has prepared a report on the number and location of private streets. Counc i I member Vasiliou stated that for the property taxes residents pay, they should receive like benefits, and the City should find a way to take over the costs for these private streets. Councilmember Ricker agreed that similar services should be provided to all residents, but stated concern that all private streets are not built to City standards. The City's cost to maintain these private streets could be greater than the public streets. He suggested the issue be referred to the Special Assessment Committee for consideration. Councilmember Zitur stated he would also like the Special Assessment Committee to reevaluate the 70`5-City/30%-Rest dent street reconstruction cost split. He stated that even paying only 30% of the costs, some residents do not want their street reconstructed. He suggested a petition process, similar to the current street lighting process. Councilmember Ricker stated that the safety of all residents needs to be considered. In some cases, residents may not want reconstruction, but it is needed for safety. He stated the City should require future private streets to be constructed to City standards if the City is going to assume maintenance/replacement responsibilities. Councilmember Vasiliou stated this policy should then be shared with the Development Council. The issues discussed by the Council relating to private streets was referred to the Special Assessment Committee for consideration. Manager Willis reported that new information has been provided by the Fire Department that the City's self-contained breathing equipment may not be safe to protect the fire fighters. The estimated cost for new equipment is $195,000. Manager Willis recommended that purchase of the equipment be authorized, with 118,000 from the general fund surplus and $17,300 from the 1990 Fire Department Capital Outlay Budget, Manager Willis stated the Fire Department Truck Committee has also concluded that the department needs two "Tele -squirts." These trucks are quoted at approximately $265,000 each. The Equipment Center Budget includes the replacement of the existing pumper truck at $175,000. Therefore, if the decision is made to proceed with the purchase of a "Tele -squirt", an additional Private Streets Item 10-A Fire Department Equipment Requests Item 10-8 Regular Council Meeting February H, 1990 Page 73 90,000 will be required. This budgetary shortfall could be covered with additional appropriation of 590,000 in the 1991 General Fund Budget. If the Council elects to proceed, he recommended that only one "Tele -squirt" be purclased at this time and that the balance of the estimated costs be appropriated in the 1991 Capital Budget of the Fire Department. Because of the manufacturing lead time required, there would be no difficulty with providing the additional funding in 1991. Manager Willis stated the second "Tele -squirt" would replace Pumper No. 8, a 1970 Mack tr,,ck. He recommended that the Council not proceed with the second "Tele -squirt" purchase because the Public Works Superintendent advises that the truck has a number of years of useful 1i;e left. Councilmember Ricker asked why this equirinent was rot included in the regular budget process. He stated that a City cannot be fiscally responsible if 4t cannot maintain the integ-ity of the budget cycle. Councilmember Vasilicu agreed that the integrity of the budget process must be maintained; howeveM, stated she would consider the requests because tney were public. safety related. She suggested that the Council could authorize the breathing equipment and one "Tele -squirt" now and consider the second Tele -squirt" in the 1991 budget process. Councilmember Ricker stated he is not opposed to these items. It is the timing of the requests and the affects on the budget process he is concerned with. Mayor Bergman commended the fir% fighters for the amount of time and effort the; had put into their recommendation. He stated that the "Tele -squirt" unit would by ideal for Plymouth because it is accessible and useful in 2-3 story fires. Mayer 9eroman stated that the equipment proposed for replacement, should hive been replaced some time ago. if the purchase of fire trucks is going to be moved back .mother year, an inflation factor neeLls to he included in the cost estimate. Representatives of the Fire Department Truck Committee described the "Tele -squirt" trucks. They stated that about every six months there is an automatic price increase in fire equipment, and that the City could save money by purchasing two trucks rather than only one at this time. Fire Chief Robinson stated that operationally the "Tele -Squirt" offers advantages for fighting almost any type of fire. He noted other coimiunities that currently have the equipment. Chief Robinson stated the cost of the units could be taken from O ree years' budgets, due to the extended delivery time. is 41 Regular Council Meeting February 26, 1990 Page 74 Councilmember Ricker questioned whether the breathing equipment was an "emergency". He asked why Public Safety personnel had not requested replacement of the defective equipment previously, noting that other communities are involved i n self-contained breathing equipment replacement programs. Other communities apparently knew about the problem, why didn't Plymouth? Brad Johnson, Assistant Fire Chief, stated that the Fire Department had to budget to have the testing done and then get the equipment for the testing. Director Carlquist confirmed that the testing equipment was not available until December, 1989, well after the budget was approved, Mayor Bergman stated two "Tele -squirts" are needed to serve all areas of the City equally. He stated the Fire Department made the request for two units some time ago, and the Council should have been made aware of it. Councilm ober Helliwell stated if the Council is inclined to approve two "Tele -squirts", it should be done now to take advantage of any cost savings by purclasing two units. MOTION was made by Counc,lneinoer Zitur, seconded by Councilmember Ricker, to authorize purchase of self-contained breathing equi pinent in accordance with the Manager's recommendation, and one "Tele-squ,rt", with $1759000 appropriated from 1990 Equipment Center Replacement and $90,000 from the 1991 Fire Department Capital Budget. Motion to amend the main mots :.a Vasiliou, seconded by Councilmember purchase of two "Tele-Qquir•ts" self-contained breathing equi pme-it, three years, was made by Councilmember Helliwell, to authorize the in addition to the and to budget the cost over Manager Willis suggested bidding options for one truck or two trucks to determine if there is a cost advantage. The Council could then choose to purchase (i second truck. All motions were removed from the table by all makers and seconds. Regular Council Meeting February 26, 1990 Page 75 MCT ION was made by Coin .tlmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTICN NO. 90-187 IUT'IORIZING ADVERTISEMENT FOR BIDS FOR Si.LF-CO"AINED BREATHING EQUIPMENT with rundi ng in accordance with the Ci ty Manager's recommendation. Moti on carri ed on a rol l cal 1 votA, f i ve ayes. MOTION was %Jade by Cou ui lmember Zi tur, se•.ond.-sd by Councilmember Ricker, to adopt RESOLUTION NO. 90-188 AUTHORIZING ADVERTISEMENT FOR BIDS FOR "T:LE-SQUIRTS", optional gids are to be requested for one truck or two, with funding for one truck of 175,000 appropriated from the 1990 Central Equipent Fund and 90,000 from the 1991 Fire Department Capital Bidget.; and funding for the second truck to be determined after bids are received. Motion carri (.:d on a roll call vote, five ayes, Manager Willis requested that the Council review the pol;(:y regarding communications among councilmembers and between the Council and staff, and provide direction on whether m,dification to either the policy or manner in which the po1;-y is being carried out should be made. Councilme-nber Vasiliou stated this issue should be discussed at the same time as the City Manager's goals. She stated she continue; to have a concern about distribution of information. Manager Willis noted that correspondence that is Memorandum because staff mail. Counci1members receive a good deal of nit shared via the Informational ha!; been directed to not open Council Mayor Bergman provided direction for staff to open his riai 1. Couni.ilmember Zitur suggested that a facilitator be retained to assist with the meeting on the Manager's goals and objectives. Mayar Bergman asked Councilmembers to bring their individual 1 ir.t of proposed objectives to the March 19 council meeting. The Council received the Publ i acid Capital Improvement Project Status Report. Manager Willis noted that Plymouth's state se,iators an.l tepresentatives had provided a legislative update at the council study session. 11 r%,OLUTION NO. qO-181 AUMORIZING-` ADVERTISEMENT FCR '; I OS FOR SEL F-CONTA I NE C BREATHING EQUIPMEN' Item 10-8 RESOLUTION NO. !JO -188 IMMIZING ADVERTISEMENT f)R AIDS OR TWO TELE -SQUIRES tem 10-8 Distribution of Council Mail Item 10-C Project Status Report ItPm 10-0 Legislative Update Itpm 10-E Regular Council Mejrti ng February 26, 1990 Page 76 Counci 1ae Ziturier noted a problem he reported through the Informational Memorandum at. 28th and Evergreen, and reported on a number of meetings he had attendel on behalf of the City. He suggested various articles to be included in the Plymouth News. Mayor Bergman requested newsletter topics and drafts be submitted to staff for consideration. Councilmember Ricker stated that the City Manager was directed at the last Council sleeting to provide a recommendation for legal services on March 5. He stated concern that the selection process has not been open and the public does not know what, if an!, the concerns are with the current legal services. MOT I ON was made by Councilmember Zouncilmemiber Zitur, to schedule a study Attorney to discuss problems or concerns legal services to the City. Ricker, seconded by session with the City with the provision of Councilmember Ricker stated he is not aware of any reasons the present legal service is not suffici,.nt. Councilmember Vasiliou stated she had met with the City Attorney following the last electioli. Councilmember Ricker stated the discussion needs to be among the Council and in a public sestti ng. Motion carried on a roll call vote, four ayes; Vasiliou nay. MOTION was made by Council nember Ricker, seconded by Councilmember Zitur, that the study session with the City Attorney be held at 9:00 a.m, on "uesday, March 6. Motion carried, five ayes. Mayor Bergman asked that the City Attorney provide an opinion to the Coinc i l on the Council malhi ng derovatory com .%nts shout people at public sessions. Attorney Thomson briefly stated that Councilmeml,ers, along with everyone else, have first amendment rillhts to free speech, as long as defamatory remarks are not made. Whether these types of remarks are good or in the public int.rest is a policy question; not a legal question. MOTION was made by Councilmember Zitur, to outside consultant, to evaluate the proposals sArvices. is Councilmumber Ricker, seconded by direct the City Manager to retai r, an be approved by the City Counci'. , to that ha:e been received for legal CCR Reports Legal Services cl Regular Council Meeting February 26, IM Page 11 Mayer Bergman stated consultants are retained much too often. Motion fail(:- on a roll call vote, Zitur and Ricker ay Vasiliou, Neliwell and Bergman nays. MOTION was made by Councilmember Ricker, seconded by Councilmembe• litur, to authorize the City Manager to prepare Request for P.•oposals for legal services it order to open the process for cmVetitive procurement. Motion carried on a roll call vote, Ricker, Zitur, and Helliwell ayes; Vasiliou and Bergman nays. MOTION was -lade by Councilmember Ricker, seconded by Cou,cilmember itur, to delay Zouncil consideration of legal services until after March 19 to allaw time for receipt and review of pror.•sal s. Motion carried on a roll call vote, lielliwell, Zitur, and Ricker ayes; Vasiliou and Bergman nays. Councilmember Helliwell provided an art:lcle on wetlands which she requested lie provided to all Councilmembers. There being no further business, the mireting was adjourned at 11:26 p.m.