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)
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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
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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
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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
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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
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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.
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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
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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
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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