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HomeMy WebLinkAboutCity Council Minutes 02-03-1992MINUTES REGULAR COUNCIL MEETING FEBRUARY 3, 1992 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, 3400 Plymouth Blvd., on February 3, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Dillarud, Public Works Director Moore, Finance Director Hahn, Park Director Blank, City Attori ey Thomson, and City Clerk Rauenhorst LUQ AU"A MOTION was made by Councilmember Vasiliou, sc ended by Councilmember Edson, to approve the agenda. Motion carried, five ayes. Mayor Bergman thanked the Plymouth Civic League and the many volunteers who worked to make the Fire and Ice Tastival a success. OMER- A Councilmember Vasiliou asked that an additional clause be added to the approving resolution for Item 5-M. This provision wao added to the resolution, and 5-M remained on the Consent Agenda. lueat 5-B waa removed from the Consent .Agenda. MOT103 w3:i made by Councilmember Helliwell, seconded In c'cuncilmember Tierney, to approve the Consen# A it as amended. Motion c:az z j.t 9 P, r rnll call vote, five ayes. Approve Agenda Item 4 Fire and Ice Festival Consent Agenda Item 5 0 Regular Council Meeting February 3, 1992 Page 39 MOTION was made by Councilmember Helliwell, Minutes seconded by Councilmember Tierney, to approve the Item 5-A City Council minutes of January 27, 1992. Motion carried, five ayes. The Council considered the regr;est of Craig and Gary Scherber for a Residential Planned Unit Development Concept Plan, Preliminary Plan/Platt Conditional Use Permit, and Rezoning for Holly Creek located at the southwest quadrant of Rockford Road and Dunkirk Lane. Mayor Bergman explained that he removed Item 5-B from the Consent Agenda so the Council could discuss the Planning Commission vete of 3-3 with respect to amending Condition 12 for a side yard setback of 10 feet on the garage side and 15 feet on the house side of certain lots. He asked that the applicant explain the number of lots that would be affected by the reduced sideyard setback request. Tom Loucks represented Craig and Gary Scherber. He stated that of the 63 total lots, 9 interior lots would be affected. He suggested as an alternative that the developer designate the 9 specific lots which could have a 10` side yard setback only where living areas abut garages on adjoining lots. Councilmember Vasiliou asked for the staff reaction to this proposal. Community Development Director Dillerud responded this would be reasonable. Bernard Barr, 11670 61st Avenue North, asked what kind of houses would be built. He wants to see nice housing to fit with the surrounding development. Mayor Bergman stated the housing prices are estimated by the developer to range from $175,000 to $400,000. Manager Willis stated this is the rough range of housing prices submitted to staff. The market will be the biggest determining factor of the type of housing to be built. Scherber - RPUD Concept Plan, Prel. Plan/Plat, CUP, and Rezoning for Holly Creek 91106) 0 Regular Council Meating February 3, 1992 Page 40 Dorothy Krekelberg, stated she was surprised she didn't receive written notice from the City on this proposal. Gary Schultz, 12500 53rd Avenue North, appeared on behalf of Roger Vrieze, 17135 Old Rockford Road. Mr. Vrieze previously sent a letter to ;iitt Mayor expressing concerns about the mature pine trees on the west side of his property where a pond is proposed and sideyard setbacks cf less than 15'. He believes retaining the 15' sideyard setbacks will help ensure a quality development. Councilmember Helliwell asked that the 9 lots pruposed for 10' setbacks be denoted on the map, as well as the location of the pine trees in relation to the proposed pond. Staff noted the locations on the map. Manager Willis stated the mature pine trees are far outaide the grading limits of this development. The development would have no affect on the trees. Mr. Loucks pointed out the location of the 9 lets proposed for reduced sidayard setback. Mr. Schultz stated a change in drainage flow and erosion could also affect the trees even if there is no direct grading. Mayor Bergman stated the Development Contract required erosion control measures. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92- 94 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR CRAIG AND GARY SCHERBER FOR HOLLY CREEK LOCATED IN THE SOUTHWEST QUADRANT OF ROCKFORD ROAD AND DUNKIRK LANE (91106), debignating 9 lots which may have a 10' side yard setback only where living areas abut garages on adjoining lots. Motion carried on a roll call vote, five ayes. R&SOLUTION 92-84 APPROVING RPUD CONCEPT PLAN FOR SCHERBER FOR HOLLY CREEK (91106) Item 5-E 0 Regular Council Meetin; February 3, 1992 Page 41 MOTION was made by Mayor Bergman, seconded by 92- RWOLUT_=QR-U--U APPROVING RPUD Councilmember Edson, to adopt RESOLUTION NO. PLANNED UNIT DEVELOPMENT PREL. PLAN/PLAT 85 APPROVING RESIDENTIAL PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT AND CUP FOR FOR CRAIG AND GARY SCHERBER FOR HOLLY CREEK c CHERBER FOR HOLLY REEK (91106) LOCATED IN THE SOUTHWEST QUADRANT OF ROCKFORD LANE (91106), amending Condition Item 5-B ROAD AND DUNKIRK No. 12 designating 9 lots which may have a 10' side yard setback only where living areas abut garages on adjoining lots. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by NO. 92-3 9Ri?7*1AuCE 92- AMENDING ZONING Councilmember Edson, to adopt ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN ORDINANCE - HOLLY LANDS LOCATED AT THE SOUTHWEST QUADRANT OF CREEK (91106) ROCKFORD ROAD AND DUNKIRK LANE FROM FRD TO R-lA Item 5-B 91106) . Motion carried on a roll call vot6, five ayes. MOTION was made by Mayor Bergman, seconded by to adopt RESOLUTION NO. 92- RESOLUTION 92-86 SETTING CONDITIONS Councilmember Edson, 86 SETTING CONDITIONS TO BE MET PRIOR TO TO BE PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR CRAIG PUBLICATION 91106) AND GARY SCHERBER FOR "HOLLY CREEK" FROM FRD Item 5-B FUTURE RESTRICTED DF'IELOPMENT) TO R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) LOCATED IN THE SOUTHWEST QUADRANT OF ROCKFORD AND DUNKIRK LANE (91106). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, BE14k(iTm-92-87 TEAPPROVINGAMENsecondedbyCouncilmemberTierney, to adopt SITE FOR RESOLUTION NO. 92-87 APPROVING SITE PLAN GENT ENTERPRISES AMENDMENT FOR GEM ENTERPRISES (91109). 91109) Motion carried on a roll call vote, five ayes. Item 5-C MOTION was made by Councilmember Helliwell, BE89k0. =-31-al seconded by Councilmember Tierney, to adopt APPROVING LOT RESOLUTION NO. 92-88 APPROVING LOT DIVISION AND DIVISION AND VARIANCE FOR DUNKIRK 55/RBJ LOCATED NORTHWEST OF VARIANCEIRK 55ORBJ HIGHWAY 55 AND DUNKIRK (91110). DUN( 91110) Motion carried on a roll call vote, five ayes. Item 5-D 0 0 Regular Counciy Meeting Febrlsary 3, 1992 Page 42 MOTIOV was made by Councilmember Helliwell, to adopt QLU7 Wi-V-7.1.2RE_SSETTIYip; MOTION was made by Cuun7ilmember Helliwell, adopt CONDITIONS seconded by Councilmember Tierney, ICONDITIONS TO BE MET FILING[(91110) TO RESOLUTION NO. 92-89 SETTING AND RELATED TO LOT DIVISIONPRIORTOFILINGOFSUBDIVISIONVARIANCEFORDUNKIRK item 5-D AND APPROVING A 8&S_4LiZTIS2N 2.3 55/RBJ (91110). ORDERING Motion carried on a roll call vote, five ayes. PREPARATION OF MOTION was made by Councilmember Helliwell, to adopt nrenTT1TIQN 92-90 RELEASE OF SITE seconded by Councilmember Tierney, RELEASE OF SITE PERFORMANCE RESOLUTION NO. 92-90 AUTHORIZINGRESOLUTIONPERFORMANCEGUARANTEEFORRICHARD NESLUND FOR VICKSBURG PL4ZA VICKSBURG PLAZA (91086). 91086) es. Motion carried on a roll call vote, five ayes. Item 5-E adol seconded by Counzilmember Tierney, pt TO BE E'1 MOTION was made by Councilmember Helliwell, to adopt REDUCTION OF SITE seconded by Councilmember Tierney, REDUCTION Or PERFORMANCE RESOLUTION NO. 92-91 AUTHORIZING UAPERFORMANCEGUARANTEEFORMINNESOTAEQUAL MI SOTA L,OVALSITE ACCESS NETWORK SERVICE (91067). ACCESS NETWORK Motion carried on a roll call vote, five ayes. SERVICE (91067) Item 5-F MOTIOV was made by Councilmember Helliwell, to adopt enT n'1'TON 92-92 RESCINDING THP.EE se^onded by Councilmember Tierney, CITY COUNCIL CITY POLICIES RESOLUTION NO. 92-92 RESCINDING Item 5-G POLIC IESS . Moticn carciea nn a roll call vote, five ayes. 8&S_4LiZTIS2N 2.3 MOTION was made by Councilmember Helliwell, to adopt ORDERING saconded by Councilmember Tierney, TO BE PREPARATION OF RESJ:.,UTION NO. 92-93 DPCOST TION OF PROPOSEDPREPARATIONORDERINGPREPA ASSESSMENT FOR TREE REMOVALASSESSEDAND ASSESSMENT FOR 1991 TREE REMOVAL AND DESTRUCTION, 1991 AND DESTRUL.TION, ROLI. 2. ROLL 2 Mution carriel on a roll call vote, five ayes. Itam 5-H MOTION wls made by Councilmember He oi 92-94 ORDERING adol seconded by Counzilmember Tierney, pt TO BE PREPARATION OF RESOLUTION NO. 92-94 DECLARING COST PREPARATION OF PROPOSED SSESSMENT FOR ASSESSED AND ORDERING ASSESSMENT FOR 1991 WEED ERADICATION AND 1991 WEED ERAVICATION AND DESTRUCTION, ROLL 2. DESTRUCTION, ROLL Motion carried on a roll call voter five ayes• 2 Item 5-H 0 0 Regular Council Meeting February 3, 1992 Page 43 MOTION was made by Councilmember Helliwell, OL•UTIOi7 92-95 seconded by Councilmember Tierney, to adopt SETTING ASSESSMENT RESOLUTION NO. 92-95 FOR PUBLIC HEARING Ob HEARING - 1991 PROPOSED ASSESSMENT, 1991 WEED ERADICATION AND WEED ERADICATION DESTRUCTION ROLL 2. AND DE'TRUCTIGN ROLL 2 Motion carried on a roll call vote, five ayes. Item 5-H MOTION was made by Councilmember Helliwell, BESOL•11MMS- 9296 seconded by Councilmember Tierney, to adopt SETTING ASSESSMENT RESOLUTION NO. 92-96 FOR PUBLIC HEARING ON HEARING ON 1991 PROPOSED ASSESSMENT, 1991 TREE REMOVAL AND TrSE DESTRUCTION ROLL 2 DESTRUCTION ROLL 2. Item 5-H Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt REDUCING RESOLUTION NO. 92-97 RRDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, BRIDLEWOOD BRIDLEWOOD FARM ADDIT:JADDITIONN (90028). ( FARM ADDITION (90028) Motion carried on a roll call vote, five ayes. Item 5-1 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt REIMBURSING RESOLUTION NO. 92-98 REIMBURSING DEVELOPER FOR DEVELOPER FOR REQUIRED WATERMAIN CONSTRUCTION, BRIDLEWOOD FARM REQUIRED WATERMAIN ADDITION (90028). CONSTIONt BRIDLEWOOD FARM Motion carried on a roll call vote, five ayes. ADDITION J ( 90028) Item 5 MOTION was made by Councilmember Helliwell, RFI-QLtZTIL-1I4-Au =99 seconded by Councilmember Tierney, to adopt ACCEPTING PETITION RESOLUTION NO. 92-99 DECLARING ADEQUACY OF AND ORDERING PETITION AND ORDERING PREPARATION OF REPORT, REPORT - CHURCHILL STREET LIGHTING3 - CHURCHILL FARMS 2ND ADDITION. FAP14S52ND ADDITION ItsmMotioncarriedonarollcallvote, five ayes. MOTION was made by Councilmember Helliwell, ma=T.ION 92-100 seconded by Councilmember Tierney, to adopt RECEIVING REPORT RNSOLUT:ON NO. 92-100 RECEIVING REPORT AND AND ORDERING ORDERING PROJECT - STREET LIGHTING, CHURCHILL PROJECT - FARMS 2ND ADDITION. CHURCHILL FARMS 2ND ADDITION Motion carried on a roll call vote, five ayes. STREET-LIGHTINC regular Council Meeting February 3, 1992 Page 44 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-101 RECEIVING PETITION AND ORDERING PREPARATION OF PRELIMINARY REPORT, BRIDLEWOOD FARM 2ND ADDITION - STREET AND UTILITY IMPROVEMENTS, CITY PROJECT v0. 206. Motion carried on a roll call vote, five ayes. Councilmember Vasi 1 iou suggested that the resolution ordering preparation of plans for Medina Road extension, Project 010, be amended to provide that "this is subject to the City Council approving a Change Order adding the extension to the current contract." MOTION was r ide by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92--2.02 ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, MEDINA ROAD EXTENSION - STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 010, with the amendment that "this is subject to the City Council approving a Change Order adding the extension to the current contract." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-103 ORDERING PREPARATION OF PRELIMINARY REPORT, NEW COUNTY ROAD 24 - STREET AND UTILITIES - 32ND AVE. TO HWY. 55, DUNKIRK LANE/HIGHWAY 55 - INTERSECTION IMPROVEMENTS. MIEDINA ROAD - STREET AND UTILITIES - CO. RD. 24 TO DUNKIRK LANE, CITY PROJECT NO. 031. Motion carried on at roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-104 AWARDING BID, 4 -WHEEL DRIVE SIDEWALK TRACTOR. Motion carried on a roll call vote, five ayes. 0 RESOLUTION 92-101 RECEIVING PETITION AND ORDERING PREPARATION OF REPORT - PROJECT NO. 206 Item 5-L Grder Plans - Project No. 010 Item 5-M LUTI 1_22-102 ORDERING PREPARATION OF PLANS, MEDINA ROAD EXTENSION, PROJECT NO. 010 Item 5-M RESOLUTION 92-103 ORDERING PRELIMINARY REPORT FOR NEW COUNTY ROAD 24 SOUTH OF HIGHWAY 55, DUNKIRK/HWY. 55 INTERSECTION, AND MEDINA ROAD FROM C.R. 24 TO DUNKIRK Item 5-N PM—OLUMN 92-104 AWARDING BID, 4 - WHEEL DRIVE SIDEWALK TRACTOR Item 5-0 R.,gular Council Meeting February 3, 1992 Page 45 Assistant Manager Boyles stated that each year the City receives a list from Hennepin County ofnon -conservation lands which have gone into taxforfeitureasaresultofnonpaymentoftaxesor special assessments. The County asks that the City determine whether the property should be sold at public auction, sold privately to the adjacent owner; or conveyedto the the recommended for public purposes. He exp lainedactiononeachparcel. Councilmember Edson asked about PID 13-118-22-22- 0111 whit~ is recommended for possible conveyance to the Fu\A for use as a "safe house". He asked what funds the purchase would come from and if the HRA would be responsible for ongoing costs. Assistant Boyles stated that staff isrecommendingthattheparcelbewithheld frompubl°c sale for up to a year so that these and other issues can be discussed. If it is legal to convey the property to the HRA for this pure the costs and long-rangeif alo sibilwouldlitywbeould be evaluated. Conveyance, one at no cost to thu City. The critical issue will be who will manage the unit and what ongoingmaintenancec2stsandliabilitiesareinvolved. Manager Willie stated the Council would have to take action to convey the property, if that is determined to be the best option in the future. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to request that the parcel (PID 13-118-22-22-0111) be withheld from public sale for up to one year. Motion carried on a roll call vote, five ayes. MOTION was made by Councilnember toadopt seconded by Courcilmember Edson, Pt THE PRIVA SALEESOLON OF7PARCEL 16-118-22-23- 0114No. 92-105GTO ADJACEN, TE PROPERTY OWNER• Motior carried on a roll call vote, five ayes. Authorization to Convey Non - conservation Tax Forfeit Parcels Item 6-A RM19TION 9Z-1,05 AUTHORI Z IVG PRIVATE SALE OF PARCEL 16-118-22- 23-0114 TO ADJACENT OWNER Item 6-A Regular Council Meeting February 3, 1992 Page 46 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-106 AUTHORIZING THE PUBLIC OF TAX FORFEIT PARCELS FOR NONPAYMENT OF REAL ESTATE TAXES. SOLUTIO 9i 2-106 AUTHORIZING PUBLIC SALE SALE OF TAX FORFEIT PARCELS Item 6-A Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-107 REQUESTING THE CONVEYANCE OF TAX FORFEIT PARCELS TO THE CITY OF PLYMOUTH FOR PUBLIC USE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-108 AUTHORIZING THE PRIVATE SALE OF PARCEL 36-118-22-43-0158 TO ADJACENT PROPERTY OWNER. Motion carried on a roll call vote, five ayes. Dan Edgerton, Bonestroo, Rosene, Anderlik and Associates, stated that in 1989 the City began a project to construct a trunk watermain connecting the existing water system on Vicksburg Lane along the proposed alignment of Schmidt Lake Road to the existing water system on Fernbrook Lane. As adjacent residents became aware of the actual alignment of Schmidt Lake Road, which was already platted but not constructed, they expressed concerns. As a result, the watermain project was delayed until the alignment alternatives for Schmidt Lake Road adjacent to the Silverthorne, Tyrell, and Fernbrook Woods Addition were reviewed. As part of the alignment process, questions were raised whether an Environmental Assessment Worksheet (EAW) was required for the project. Although it was not mande;tory to prepare an EAW, the Council authorized the preparation of an MAW in August, 1991. The Alignment Study indicated two alternatives which were feasible from an engineering or environmental standpoint. Alignment 1, or the RESOL(J_TJ.QN-22-107 REQUESTING THE CONVEYANCE OF TAX FORFEIT PARCELS TO THE CITY FOR PUBLIC USE Item 6-A gEsoL•UTION 92-108 AUTHORIZING PRIVATE SALE OF PARCEL TO ADJACENT PROPERTY OWNER Item 6-A Environmental Assessment Worksheet (EAW) for Schmidt Lake Road from Vicksburg Lane to 1-494, Project 907 item 6-B 0 0 Regular Council Meeting February 3, 1992 Page 47 southerly alignment, was along the existing platted right-of-way for Schmidt Lake Road. Alignment 2 was about 350 feet northerly in the area adjacent to the Tyrell Addition and was the alternative preferred by the property owners. Although Alignment 1 required slightly less wetland filling, it would result in the removal of more trees than Alignment 2. Mr. Edgerton described the factors considered in the EAW and sta':ed the primary purpose is to determine whether an Environmental impact Statement (EIS) is warranted. Both alignments were studied in the EAW and it was determined that an EIS is not warranted for either alignment. He stated that the alignments are essentially equal from an environmental standpoint. The trade-off between the alignments is less wetland impact or less tree loss. Gary Doyle, 4635 Juneau Lane, stated he represents a number of area residents. The residente support Alignment 2 over Alignment 1 because the tree loss would be less, the roadway curve would be straighter resultin3 in less vehicle headlight glare for abutting residents, and the tree line to the .forth would be preserved as a natural barrier for the existing homes. He asked that the Council amend the resolution to direct staff to work with the owners of properties adjacent to Silverthorne and Tyrell Additions to finalize the alignment for scUmidt Lake Road in accordance with Alignment 2. Councilmember Helliwell asked if the residents feel an Eis is nct necessary if Alignment 2 is the selected route. Ronald Schultz, 4525 Jbnaau Lanner stated that thhe believes an EIS is required, particularly respect to Alignment 1. Ha would be willing to compromise if Alignment 2 is selected by the Council. To the extent that the roadway must be built, he supports Alignment 2 over Alignment I. me. Schultz suggested that the City enter into a standstill agreement" allowing the 30 day comment period to run indefinitely, thereby allowing residents to file a lawsuit against the plan if desired. 0 0 Regular Council Meeting February 3, 1992 Page 48 Attorney Thomson stated that even if the Council entered into some type of agreement with Mr. Schultz, it would not be binding on any other person that may wish to challenge the Council's decision. Manager Willis stated that if the Council concurs, it is the intent of the staff to work with the abutting residents and developers to develop an alignment as closely to Alignment 2 as possible. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-109 DECLARING FINDING OF NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED NOVEMBER 22, 1991 FOR SCHMIDT LAKE ROAD BETWEEN VICKSBURG LANE AND I- 4940 CITY PROJECT NO. 907. Motion carried on a roll call vote, five ayes MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt FESOLUT104 NO. 92- 109B DESIGNATING ALIGNMENT 2 AS THE PREFERRED ALIGNMENT (AS CONTAINED IN THE RECENTLY COMPLETED EAW) FOR SCHMIDT LAKE Rt)AD FROM VICKSBURG LANE TO I-494, PROJECT NO. 907. Staff was directed to work with the owner of the undeveloped property Laurent Development) adjacent to the Silverthorne and Tyrell Additions to finalize the alignment for Schmidt Lake Road in accordance with Alternative 2 as closely as possible. Motion carried on a roll call vote, five ayes. Manager Willis stated that Wal-Mart Stores, Inc., has requested that the request for Land Use Guide Plan Amendment to reclassify approximately 24 acres from CL to CR -2 located at the northwest corner of Highway 55 and Vicksburg Lane be deferred to February 24. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to table the requests of Wal-Mart Stores, Inc., (91108), to February 24 at the request of the petitioner. Snt. TION 92-10. DECLARING FINDING OF NO NEED FOR AN EIS BASE.*) UPON REVIEW OF EAW FOR SCHMIDT LAKE ROAD FROM VICKSBURG LANE TO I-494 PROJECT NO. 907 Item 6-B nFcnLnTION 92-1098 DESIGNATING ALIGNMENT 2 FOR SCHMIDT LAKE ROAD FROM VICKSBURG LANE TO I-494 PROJECT NO. 907 Item 6-B Wal-Mart Stores, Inc. Requests - Defer to February 24 Item 6-C 0 0 Regular Council Meeting February 3, 1992 Page 49 Motion carried, five ayes. Manager Willis explained the process used in review of proposals for legal services. He requested that the City Council confirm his appointment of Robert L. Meller, Jr., as attorney for the City of Plymouth effective March 1, 1992. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 92-110 APPOINTMENT OF ROBERT L. MELLER, JR. AS CITY ATTORNEY. Councilmember Tierney stated she has done a cursory review of the City's legal services and doesn't see major fault with the services rendered by the current City Attorney. She stated that the City has recently experienced a great deal of turnover; i.e. auditor, financial consultant, Community Development Director, Public Safety Director, and Fire Chief. She believes that some of this is normal turnover and some is the result of discord or the Council, rather than the work product of consultants or staff. Councilmember Tierney stated she understands the City Manager's desire to see the discord on theCouncilendandwouldliketoseeanybarriers to that removed; however, she finds it difficult to support thi motion. She stated the Council should corcentrate on working together. MOTION to amend the main motion was made by Councilmember Edson, seconded by Mayor Bergman to make the change effective February 4, and to direct that all files be turned over to Best and Flanagan immediately. Mayor Bergman stated he doesn't disagree with Councilmember Tiernev's statements, but he believes the change is critical so the Council can move forward. Councilmember Helliwell concurred with Councilmember Tierney. She stated that Holmes City Attorney Appointment Item 6-D BJu%" UTION 2- 11Q APPOINTMENT OF ROBERT L. HELLER JR. AS CITY ATTORNEY Item 6-D 0 0 Regular Council Meeting February 3, 1992 Page 50 and Graven employs female attorneys. Beat and Flanagan did .got list female attorneys in their proposal. This is the same situation with the fiscal consultant. The former consultant? Ehlers and Associates, employed a majority oc women and Springsted Inc., employs more males. She noted that Hennepin County has rules that require employment of women and minorities. Manager Willis stated the County policy is probably part of their affirmative action program. Councilm mber Edson stated he believes Best and Flanagan employs female attorneys even though none may have been listed in the proposal. Motion to amend carried on a roll call vote; Edson, vasiliou, Bergman ayes; Helliwell and Tierney nays. Main motion as amended carr:;La on a roll caly vote; Edson, vasiliou, BerSman ayes; Helliwell and Tierney nays. The Council reviewed the Council study session topics and schedule. Mayor Bergman stated that he has not requested that all study sessions be televised. But rather that study sessions be regularly scheduled on Monday evenings so the Council has the option of directing a study session to be televised if warranted by the topic. Councilmaltber VaeilioL stated that several members of the Council have previously interviewed tha applicants for board or commission appointment. She suggested the new Councilmembers establish the interview date, with other Councilmembers attending at their own discretion. Councilmember Edson suggestedliAt in erv3.ews isted asscheduledwithalloftheapp finalists by all Councilmembers. Council Study Session Topics and Schedule Item 6-E Board and Commission Interviews 0 0 Regular Council Meeting February 3, 1992 Page 51 The Council established 10, beginning at 4:00 p named by the Council. interviews for February m., for all finalists Councilmember Vasiliou stated that Officer Greg Speedskating Club Oly has indicated things have been worked out with respect to preparation of the ice at Parkers Lake for the Speedskating Club. Manager Willis stated part of the problem may have been communication. Park Director Blank has had discussions with Officer Oly. There may still be policy issues for the Council to discuss and clarify with the Club. Manager Willis invited residents and Councilmembers to participate in the Charter Commission public forum on Monday, February 10. Councilmember Vasiliou asked if the City contributes funds to the Hennepin County Fair. Manager Willis stated no. Attorney Thomson thanked the City Council and stated he will cooperate to the extent possible for the City's smooth transition to a neiv legal firm. The meeting was adjourned at 8:10 p.m. C tt C ty C er c Charter Commission Hennepin County Fair City Attorney 0 0