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HomeMy WebLinkAboutCity Council Minutes 04-06-1992MINUTES REGULAR COUNCIL MEETING APRIL 6, 1592 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 April 6, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helli.well, Tierney, and Vasiliou STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Dillerud, Public Works Director Moore, Finance Director .lahn, Park Director Blank, City Attorney Meller, and City Clerk Rauenhorst Scheduling an Executive Session for discussion of Approve Agenda the City Manager's Performance Review was added Item 4 to the agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda as amended. Motion carried on s roll call vote, five ayes. Mayor Bergman recognized the Chelsea Woods Association for being selected as top Community Association in Minnesota for 1991. Councilmember Vasiliou suited this is the second year that Chelsea Woods has received this recognition. The recognition is largely due to the good upkeep of this twenty year old development and the special neighborhood that exists. CONSWT.. AWNPR Item 6-P was removed from the Consent Agenda Chelsea Woods Assn. - Top Community Association Item 5-A Consent Agenda Item 6 Regular Council heeting April 6, 1992 Page 107 MOTION was made by Councilmember Helliwell, seconded by Coui:cilmember Vasiliou, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to approve the City Council minutes of March 16, 1992. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-185 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CRAIG AND GARY SCHERBER FOR HOLLY CREEK (91106) (RPUD 92-01). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-186 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR CRAIG AND GARY SCHERBER FOR HOLLY CREAK 91106) (RPUD 92-01) Motion carried on a roll call votA, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-187 APPROVING LOT DIVISION FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT LOCATED AT 15900 COUNTY ROAD 47 (92009). lotion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-188 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND APPROVING VARIANCES RELATED TO LOT DIVISION FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT LOCATED AT 15900 COUNTY ROAD 47 (92009). Motion carried on a roll call vote, fire ayes. Approve Minutes Item 6-A RESOLUTION 92-185 APPROVING FINAL PLAT FOR HOLLY CREEK (91106) Rptm 92-01) item 6-B RESOLUTION 92-186 SETTING CONDITIONS PRIOR TO FILING 9110 6 ) RPUD 92-01) Item 6-B RESOLUTION 92-187 APPROVING LOT DIVISION FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 92009) Item 6-C REsos unw-22 -W SETTING CONDITIONS TO BE MET PRIOR TO FILING (9009) Item 6-C 0 0 Regular Council Meeting April 6, 1992 Page 108 MOTION was made by Councilmember Helliwall, RESOLUTION 92-189 seconded by Councilmember Vasiliou, to adopt APPROVING RESOLUTION NO. 92-189 APPROVING CONDITIONAL USE CONDITIONAL USE PERMIT FOR JEFF DELOZISA FOR BODY ;RAPERS TAN- PERMIT FOR BODY TONE LOCATED AT 1400 COU14TY ROAD 101 (92010). SHAPERS TAN -TONE 92010) Motion carried on a roll call vote, five ayes. Item 6-D MOTION was made by Councilmeniber Helliwell, RESOLUTION 92-190 seconded by Councilmember Vasiliou, to adopt RELEASE OF RESOLUTION NO. 92-190 AUTHORIZING RELEASE OF FINANCIAL FINANCIAL GUARANTEE FOR TREE PRESERVATION FOR GUARANTEE FOR TREE RYAN CONSTRUCTION COMPANY FOR ROCKFORD ROAD PLAZA PRESERVATION FOR 89014). ROCKFORD ROAD PLAZA (89014) Motion carried on a roll call vote, five ayes. Item 6-E MOTION was made by Councilmember Helliwell, RESOLUTION 92-191 seconded by Councilmember Vasiliou, to adopt REDUCTION OF SITE RESOLUTION NO. 92-191 AUTHORIZING REDUCTION OF PERFORMANCE SITE PERFORMANCE GUARANTEE FOR LANDSCAPE GUARANTEE FOR IMPROVEMENTS, FOR RYA14 CONSTRUCTION COMPANY AT LANDSCAPE ROCKFORD ROAD PLAZA (90051). tMPROVEMENTS FOR ROCKFORD ROAD Motion carried on a roll call vote, five ayes. PLAZA (90051) Item 6-F MOTION was made by Councilmember Helliwell, SOLUTION 92-192 seconded by Councilmember Vasiliou, to adopt RELEASE OF SITE RESOLUTION NO. 92-192 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION GUARANTEE FOR COMPANY FOR ROCKFORD ROAD PLAZA (90051). ROCKFORD ROAD PLAZA (90051) Motion carried on a roll call vote, five ayes. Item 6-G MOTION was made by Councilmember Helliwell, $FSOLUTION 92-193 seconded by Councilmember Vasiliou, to adopt RELEASE OF SITE RESOLUTION NO. 92-193 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION GUARANTEE FOR COMPANY MINNESOTA FOR COMPUTER PARTS AND SERVICES COMPUTER PARTS AND INC. (90017). SERVICES (90017) Item 6-H Motion carried on a roll call vote, five ayes. Regular Council Meeting April 6, X992 Page 109 MOTION was made by Councilmember Helliwell, RESOLUTION 92-194 seconded by Councilmember Vasiliou, to adopt REDUCTION OF SITE RESOLUTION N0. 92-194 AUTHORIZING REDUCTION OF PERFORMANCE SITE PERFORMANCE GUARANTEE FOR LAUKKA-WILLIAMS GUARANTEE FOR PARKERS LAKE NORTH 6TH ADDITION LOCATED AT 18TH LAUKiA-WILLIAMS AVENUE NORTH PND SHENANDOAH LANE (90066). PARKERS LAKE NrATH 6TH ADDITION Motion carried on a roll call vote, five ayes. (90066) Item 6-I MOTION was made by Councilmember Helliwell, RE30LUTi)N 92-195 seconded by Councilmember Vasiliou, to adopt EXTENSI04 OF SITE RESOLUTION NO. 92-195 AUTHORIZING EXTENSION OF IMPROVEMENT SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR RYAN PERFOP_-)ANCE CONSTRUCTION COMPANY FOR WALGREEN DRUG STORE AGREEMENT FOR LOCATED ON LOT 3, BLOCK 1, ROCKFORD ROAD PLAZA WALGREEN DRUG 91019). STORE (91019) Item 6-J Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, Refer Petition for seconded by Councilmember Vasiliou, to receive Upgrade of and refer a petition to upgrade Ridgemount Avenue Ridgemount Avenue with sidewalks to the Park and Recreation with Sidewalks to Advisory Commission (PRAC) for recommendation. PRAC Item 6-K Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, ORDINANCE 92-8 seconded by Councilmember Vasiliou, to adopt AMENDING CITY CODE ORDINANCE NO. 92-8 RELATING TO GARBAGE AND RELATING TO RUBBISH DISPOSAL AMENDING SUBSECTIONS 600.07, GARBAGE AND 600.17 AND 600.19 OF THE PLYMOUTH CITY CODE. RUBBISH DISPOSAL Item 6-L Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, RESOLUTION seconded by Councilmember Vasiliou, to adopt REDUCING RESOLUTION NO. 92-196 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND, PARKVIEW RIDGE ADDITION (88018). PARKVIEW RIDGE ADDITION (88018) Motion carried on a roll call vote, five ayes. Item 6-M MOTION was made by Councilmember Helliwell, RE30LUTIOP 92-.19_7 seconded by Councilmember Vasiliou, to adopt AWARDING BID, RESOLUTION NO. 92-197 AWARDING BID, NORTHWEST NORTHWEST BLVD., BOULEVARD - 54TH TO 56TH AVENUE - PHASE II, CITY 54TH TO 56TH AVE. PROJECT NO. 106. PROJECT NO. 106 Item 6-N-1 Motion carried on a roll call vote, five ayes. Regular Council Meeting April 6, 1992 Page 110 MOTION was made by Councilmember Helliwell, RESOLUTION 92-198 seconded by Councilmember Vasiliou, to adopt AWARDING BID FOR RESOLUTION NO. 92-198 AWARDING BID FOR SKID STEER SKID STEER LOADER LOADER. Item 6-N-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, RESOLUTION 92-199 seconded by Councilmember Vasiliou, to adopt APPROVING CHANGF RESOLUTION NO. 92-199 APPROVING CHANGE ORDER NO. ORDER NO. 2, 2, MEDINA ROAD IMPROV,MENTS, CITY PROJECT NO. PROJECT 010 010. Item 6-0 Motion carried on a roll call vote, five ayes. Councilmember Helliwell asked if the proposed Wetland Mitigation wetland mitigation plan for Holly Creek Addition Plan for Holly applies to proposed future phases of the project. Creek Addition Item 6-P Public Works Director Moore stated this wetland mitigation plan only applies to the 14 lots in Phase I. MOTION was made by Councilmembez Helliwell, iconded by Councilmember Tierney, to adopt SOLUTION NO. 92-200 APPROVING FILLING A WETLAND AND THE WETLAND MITIGATION PLAN FOR HOLLY CREEK ADDITION. Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 92-9 RELATING TO GRADE AND ELEVATION CERTIFICATION EXTENSION AND AMENDING SUBSECTION 400.19 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 92-10 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO OUTDOOR ADVERTISING. Motion carried on a roll call vote, five ayes. MSOLUTZQK 92-200 APPROVING FILLING A WETLAND AND THE WETLAND MITIGATION PLAN FOR HOLLY CREEK ADDITION Item 6-P ORDINANCE 92-9 RELATING TO GRADE AND ELEVATION CERTIFICATION EXTENSION Item 6-Q ORDINANCE -22-1Q AMENDING ZONING ORDINANCE REGARDING OUTDOOR ADVERTISING Item 6-R Regular Council Meeting April 6, 1992 Page 111 MOTION was made by Councilmember Helliwell, RESOLUTION 92-201 seconded by Councilmember Vasiliou, to adopt APPROVING RESOLUTION NO. 92-201 APPROVING TEMPORARY 3.2 TEMPORARY 3.2 LIQUOR LICENSE FOP. PLYMOUTH LIONS CLUB. LICENSE FOR PLYMOUTH LIONS Mot ion carried on a roll call vote, five ayes. CLUB Item 6-S MOTION was made by Councilmember Helliwell, RESOLUTION 92-202 seconded by Councilmember Vasiliou, to adopt SETTING HEARING ON RESOLUTION NO. 92-202 CALLING FOR A PUBLIC INDUSTRIAL HEARING ON A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE REVENUE BOND MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT FINANCING FOR AUTHORIZING THE PUBLICATION OF A NOTICE OF THE NUAIRE INC. HEARING (NUAIRE INC. PROJECT). Item 6-T Motion carried on a roll call vote, five ayes. Mayor Bergman opened a hearing at 7:10 p.m. on Public Hearing - the off -sale intoxicating liquor Ii, :nse Off -sale application of Business Science Corp., d/b/a Intoxicating Party Mart, 4130 Highway 101 North. No one Liquor Application appeared for the hearing and the hearing was of Businass closed at 7:10 p.m. Science Corp. Item 7-A Manager Willis stated that some difficulties have occurred with respect to purchaae/lease of the property. The applicant has requested that the public hearing be continued to May 4. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to continue the public hearing on the off -sale intoxicating liquor 1 irense application of Business Science Corp., to May 4, as requested by the applicant. Motion carried, five ayes. Manager Willia3 explained the proposed assessment Assessment rates and procedure for the 15th Avenue hearing - 15th improvements, Project No. 945. Director Moore A%e. Improvements stated the final project cost of $42,105.84 Project No. 945 exceeded the engineer's estimate by six percent. Item 7-B 0 Rogular Council Meeting April 6, 1992 Page 112 Mayor Bergman opened the assessment hearing or. 15th Avenue Improvements, north of South Shore Drive, Project No. 945 at 7:12 p.m. No one appeared, and the hearing was closed at 7:12 p.m. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-203 ADOPTING ASSESSMENTS, CITY PROJECT NO. 945, 15TH AVENUE STREET IMPROVEMENTS. Motion carried on a roll call vote, five ayes. Public Works Director Moore presented the proposed 1992-1996 Capital Improvemencs Program CIP). He stated that as directed by the Council, staff has requested an opinion from the Metrovolitan Council on whether they would look favorably on revising the Transportation Plan to remove the Harbor/Fernbrook Lane collector street. The City has not yet received a response. Director Moore recommended that the Council adopt Schedule C as the 1992-1996 CIP. This encompasse9 the Planning Commission recommendations with the exception that the Fernbrook/Harbor Lane collector street is included in the 1992 Street element. Although it is included, he recommended that the Council not undertake preparation of the Preliminary Engineering Report until a response is received from the Metron-''tan Council. Councilmember Tierney asked if the Fernbrook Lane improvement has also been included in the cost analysis. Director Moore responded - yes. The proposed project funding includes tax increment financing, state aid, and special assessments. Bill Pritchard, Orrin Thompson Homes, requested that the Council adopt the proposed CIP as recommended by staff and the Planta ng Commission. He favors the proposed Dunkirk Lane improvements proposed for 1993 in the CIP. Steve Johnston, Louka and Associates, also supported the proposed CIP. R&S.OLUTIO 92-m ADOPTING ASSESSMENTS, PROJECT NO. 945 Item 7-B 1992-1996 Capital Improvements Program Item 8-A Regular Council Meeting April 6, 1992 Page 113 Manager Willis stated the CIP is a planning document. The City Council can later decide to undertake, delay, or delete individual projects. Councilmember Edson stated the largest portion of money in 1992 is going toward street improvements. Manager Willis stated that some of the projects may not be awarded until late in 1992, with construction 1993. Based on the current forecast, the first year of the CIP is the hi.iviest. Councilmember Helliwell stated she is in favor of Schedule B because she does not favor the Fernbrook Lane connection. Peter Pflaum spoke on behalf of Lundgren Bros. and Carlson Real Estate. He expressed concern about whether the Council already has a position with respect to whether Fernbrook Lane should be extended or whether the Council is relying on the Metropolitan Council to make the decision. He stated this is a local issue and should not be deferred to the Metropolitan Council. He noted that Schedule C depicts Harbor Lane as a through street. Manager Willis stated the Metropolitan Council involvement relates to the request from residents that the Fernbrook Lane connection not be made. The Council has Baked the Metropolitan Council for an informal review because of the impact local decisions make on the metropolitan transportation system. Jim Hartmann, 1140 Harbor Lane, stated the Fernbrook Lane connection is not needed or wanted. It would create problems with the trail system and could cause bike/pedestrian/vehicle accidents. He objected to the project being moved from 1994 to 1992 for proposed construction. Mr. Hartmann stated the Metropolitan Council may require the City to build the Fernbrook Lane connection, but the Metropolitan Council cannot determine when it should be constructed. 0 Regular Council Meeting April 6, 1992 Page 114 Councilmember HelliwQll stated she understands Mr. Hartmann's concerns. If the projectiit. included in the CIP,Support MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-204 ADOPTION OF CAPITAL IMPROVEMENTS PROGRAM, 1992-1996, Schedule C. Motion carried on a roll call vote, four ayes; Helliwell nay. Manager Willis provided a letter from David C. Sellergren, an attorney representing Orrin Thompson Homes, with respect to concerns about the Public/Semi-Public Land Use classfican in the area proposed fnr development by Thompson and Development Company (92001). The Attorney suggests that if the Council desires to retain the land use classification as Public/Semi-Public: For a future park, the City should proceed to acquire the property Community Development Director Dillerud statedthePlanningCommissionhasrecommendeddenial of the Land Use Guide Plan Amendment on the basis of inconsistency of the proposed guiding with the park element of the Comprehensi.ave Plan. The petitioner submitted a Concept Plan anticipating the change in the guide plan and a second concept plan leaving the area as an outlot. This would allow the developer to proceed with development ewhiletheCouncilcontemplatestheproposed playfield site and the guiding issue.The thePlanningCommissionrecommendsapprovalof Alternate B RPUD Concept Plan. Director Dillerud stated that Greg Frank has noted a misquote in the Planning Commission minutes. The minutes should reflect that the minimum lot size is proposed to be 10,000 sq, ft. and the average is 13,000 sq. ft. Greg Frank, McCombs -Frank -Roos Associates, statRd the site is 122.5 acres, most of which is not wooded property. Some areas have significant slopes in excess of V: percent. He showed the proposed Concept Plan for the site with a LtL'fI g2-.24.9 ADOPTION OF CAPITAL IMPROVEMENTS PROGRAM 1992-1996 Item 8-A Thompson Land Development Co. Land Use Guide Plan Amendment and RPUD Concept Plan 92007) item 8-B 0 0 Regular Council Meeting April 6, 1992 Page 115 reguiding of the Public/Semi-Public land to LA -2. He stated this was reguided in 1989 from LA -3 to LA -2. A guiding of LP. -2 is consistent with the surrounding guiding. He stated the Concept Plan has been presented to the adjacent property owners and no comments have been received. Bill Pritchard, Thompson Land Development for U.S. Homes, sLateu t!!Pt LA -2 is the highest and best use for this property. The property has been designated as F•iblic/Semi-Public for years. During the 1989 public hearings regarding changes to the Guide Plan, he was opposed to the Public/Semi-Public guiding, but the City chise not to amend it. He asked that the Council determine their intention for the property. If the desired use is a park, then the City should start acquisition. Mr. Pritchard asked that an additional condition be placed on the approval of the Concept Plan that: "The City Manager is directed to acquire at fair market value in 1992 approximately 50.6 acres currently classified on the Land Use Guide Plan as Public/Semi-Public and shown on Concept Plan B as an Outlot, since the Outlot is neec,d for a community playfield." Jerry Theis, 16800 Highway 55, stated he is adjacent to the proposed development. He stated the Concept Plan proposes the vacation of Dunkirk Lane which would eliminate access to the east side of his property. Based on the Concept Plan, his only access would be to Highway 55. Director Moore stated the Concept Plan is only the developer's proposal that Dunkirk Lane be vacated. The Council would have to consider any requested vacation after a public hearii&g was conducted. Several Couneilmembers stated they would not support vacation of Diuikirk Lane foi: safety reasons. Chad Quiggle, 16440 Old Rockford Road, asked what type of park development is proposed and the related traffic impact. He is unsure whi--h +,se would create a greater safety hazard - a multifamily development or a sports facility, and he questioned the future of County Road 9. i Regular Council Meeting April 6, 1992 Page 116 Manager Willis explained that County Road 9 will be turned back to the City when new County Road 9 is constructed. It is not designated a thoroughfare street between Vicksburg Lane and Dunkirk Lane on the current Transportation Plan. As development occurs further to the north and west, traffic will increase. The City's Comprehensive Park Plan contemplates a community playfield at this site. Most of the use at this type of facility is seasonal, e.g. softball, hockey, and some have lighted facilities. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-205 DENYING LAND USE GUIDE PLAN AMENDMENT FOR THOMPSON LAND DEVELOPMENT TO RECLASSIFY APPROXIMATELY 50 ACRES OF PUBLIC/SEMI- PUBLIC TO LA -2 (LOW MEDIUM DEN31TY) (92007). Motion carried on a roll call vote, five ayes. Councilmember Edson stated the site has been identified as a potential park in the Comprehensive Plan. Whether this is thi+ exact site or not, it is important for the City to look outside of the developing areas for future park property. The City needs to determine if this is an appropriate site for a proposed park so the developer is not delayed. Councilmember Helliwell concurred that the Council should not hold up development of this property if it is determined that this is not the appro,riate location for a future park. Mbnager Willis suggested that options for this site be developed by staff and presented to the Council at the next meeting. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-206 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT ALTERNATIVE; CONCEPT PLAN B FOR THOIeSON LARD DEVELOPMENT FOR PLYMOUTH CREEK HEIGHTS LOCATED AT THE SOUTHEAST CORNER OF ROCKFORD ROAD AND DUNKIRK LANE (92007), adding RESOLUTION 92-205 DENYING LAND USE GUIDE PLAN AMENDMENT FOR THOMPSON LAND DEVELOPMENT 92007) Item 8-B RESOLUTION_,.7-N5 APPROVING RPUD rONCEPT PLAN FOR THOMPSON LAND DEVELOPMENT 92007) Item 8-B 0 Regular Council Meeting April 6, 1992 Page 117 Condition No. 5 that: "Because Dunkirk Lane is needed to access the property to the west, access from 36th Avenue to Dunkirk Lane going southerly shall be maintained." Mayor Bergman commented that he could support LA -1" guiding for the property currently guided as "Public/Semi Public." Motion carried on a roll call vote, five ayes. Manager Willis stated that during investigation of a recent nuisance complaint relating to excessive barking of dogs, it was discovered that the Harris' at 11315 46th Avenue North have three dogs. This is in violation of the City Code which allows a maximum of two adult dogs without a kennel license. A kennel is not an allowable use in the residential zoning district in which their home is located. Sandra K. Harris, 11315 46th Avenue North, stated she wal unaware of the City ordinance limiting the number of dogs to two when she acquired her third dog. She stated one of her dogs is old and somewhat ill, and probably won't live much longer. She submitted a petition signed by her surrounding neighbors supporting her request to be allowed to keep three dogs without a kennel license. When one dog dies, she will not replace the third dog, but will comply with the two adtilt dog maximum. Councilmember Helliwell stated she supports the request. The petition signed by the neighbors indicates that none of the abutting property owners are objecting to this request. Councilmember Edson stated that at least one neighbor had complained about nuisance barking. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to allow the Harris' a variance to the City Code to allow them to keep three dogs without a kennel license until such time as one dog dies or no longer lives on the property when the variance will be rescinded and the two dog maximum will eta+n be in eiluct. Request to keep 3 Dogs without a Kennel License Item 8-C Regular Council Meeting April 6, 1992 Page 118 Councilmember Vasiliou asked if the three dogs are licensed. Mrs. Harris stated two of the dogs are licensed. The City refused to license the third dog because of the two adult dog maximum. The Harris' neighbor to the west spoke in favor of the Harris' request. He stated that the homes are less than 20 feet apart, and the dogs are not a nuisance. The dogs are is the house most of rhe time and the Harris' are responsible pet owners. Mayor Bergman stated the Issue is whether the ordinance shculd be enforced; not whether there is barking. Motion failed on a roll call vote; Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays. Maycr Bergman provided direction to staff to allow the Harris' 60 days to resolve the issue. Councilmember Vasiliou stated that during the last Community survey, animal control was a ma3ur concern ^e residents. Manager Willis presented the staff report on the Forster Land propoaed land acquisition of the Forster property Acquisition adjacent to Zachary Playfield. Adjacent to Zachary Playfield Item 4-D The Council discussed access to the property ano parking. Councilmember Edson asked about the preliminary plans for use of the property. Park Director Blank stated the property would probably be iised for youth baseball and youth soccer, with an effort to save the trees on the property. A buffer area between the abutting residences and the play area is also desiruLke. Deb Greene, 4505 Deerwood Lane, stated paLking At Zachary Playfield is a major concern. Many park users park in the adjacent residential neighborhoods and erose private property to ret to the park. There is cuzrently a shortage of t Regular Council Meeting April 6, 1992 Page 119 parking. She stated that residents are also extremely concerned that Deerwood Lane may be extended to County Road 9. Councilmewber Tierney stated she strongly feels that parkland acquisition should be a priorityfortheCouncilsothereissufficientlandfor future park development and opportunities are not lost. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to authorize the acquisition of property immediately adjacent. to Zachary Playfield. Councilmember Edson stated he has reservations about authorizing purchase of this land. He stated it is also a priority to ensure there are adequate funds to purchase parkland in the northwest area of Plymouth. The City should be acquiring property early in order to take advantage or' lower land prices before surrounding property is developed. Councilmember Helliwell stated the northwest area of Plymouth will not be developed for at least 8- 10 years. Also, the full purchase amount would be spread over several years, with four to six lots to be developed and sold. Mayor Bergman agreed with Councipriceswhensoat stating that the City pays a premium the surrounding property is developed. Motion failed on a roll call vote: Helliwell and Tierney ayes; Edson, Vasiliou, and Bergman nays. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to direct FRAC to develop n plan for parkland acquisition and future *.each, prior to the joint FRAC/City Council meeting. Motion carried, five ayes. Cynchia Forster, Forster Packaging Co., requested that the Council direct the staff to release theFoxsterpropertysotheycanbeginplanningfor development. Regular Council Meeting April 6, 1992 Page 120 Mayor Bergman stated there has been no "hold" on the property. Staff will verify this in writing t o Hr. Forster. MOTION was made by Mayor Bergman, seconded by Cauncilmember Vasiliou, to direct staff to report ora the parking situation at Zachary Playfield and options to expand the parking. Staff is to check with youth organizations for suggestions. Motion carried, five ayes. Finance Director Hahn recommended that the Council award the bid for an uninterruptable power supply system for the mainframe computer to a 1 leviate problems that have occurred relating to paver loss. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92- 2 07 AWARDING BID FOR UNINTERRUPTABLE POWER SUPPLY SYSTEM. Motion carried on a roll call vote, five ayes. Assistant Manager Boyles presented the staff report on the recommendation to purchase a DOS- based microcomputer system for use by Aciministration, and one workstation each for. Fire P Tanning, Parks and Recreation, and Finance. He stated that work stations for the Police Department will be purchased following a needs assessment but before occupancy of the new Public Safety building. Stanley Mork, McGladrey and Pullen, recommended that the City acquire a DOS-based computer system from AmeriData which utilizes one 486 33 megahertz file server and eleven 486 work stations connected in a network, to share software applications and data. Mr. Mork stated he had considered three proposals received from AmeriData, Unisys, and Northgate. AmeriData and Unisys are on the state contract which is an advantage because the City could save between $5,000 and $10,000 for developing formal bid documents. The Northgate proposal is less Uninterruptable Power Supply Item 8-E-1 RESOLUTION -22--M AWARDING BID FOR UNINTERRUPTABLE POWER SUPPLY SYSTEM Item 8-E-1 Purchase of DOS- based Microcomputer System Item 8-E-2 Regular Council Meeting April 6, 1992 Page 121 expensive; however, AmeriData and Unisys would provide a higher level of training and support. Mayor Bergman asked about the estimated cost of training. Mr. Mork stated AmeriData offers the broadest range of training at the lowest cost based on the proposals. Councilmember Edson stated there are many low cost training options available for urograms like Wordperfect and LOTIS. The most critical training is for the networK admii.istrator. He believes AmeriData can provide good training on the overall system. Councilmember Edson stated the proposed resolution authorizes the purchase of equipment but does not address funds for training. He asked if additional funds should be allocated for training. Assistant Manager Boyles stated training costs would be funded from the Computer Reserve Fund. If the Council it supportive of this purchase, staff can develop a proposal and estimates: amount needed for traii,xng purposes. Councilmember Edson stated the work stations should be individually geared to the required work. Equipment should be customized by need rather than standardized for all work stations. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION NO. 92-208 AUTHORIZING THE PURCHKSE OF COMPUTERS UNDER STATE OF MINNESOTA COOPERATIVE PURCHASING CONTR&CT, at r cost not to exceed $90,159 as outlined in the AmeriData proposal, with the condition that workstations are to be customized by need. Motion carried on a roll call vote, five ayes. Park Director Blank presented the staff report or the Parkers Lake Eurasian dater Milfoil prob::em. He recommended that the Council adopt the recommendation of the DNR to proceed with an aquatic plant survey of Parkers Lake during 199:, with a planned treatment of the lake in the spring of 1993. This is consistent with the Water Quality Committee's recommendation. 1RE 4J 4IZ _ 92-2 Q8 AUTHORIZING PURCHASE OF COMPUTERS UNDER STATE CONTRACT Item 8-E-2 Parkers Lake Milfoil Problem Tt.em 8-F 0 s Regulaz Council Meeting April 6, 1992 Page 122 MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to work with the homeowners and the DNR to do an aquatic plant survey of Parkers Lake during 1992, with a planned treatment of the lake for Eurasian milfoil in 1993. Marsha Videen, 1151 Kingaview Lane, represented the East Parkers Lake Improvement Association. She reported on recent efforts taken by the Association and stated they support the staff recommendation because a good vegetation study is needed before treatment beoins. She asked for assurance that the funding for treatment would be available in 1993. Bill Goins, 4635 Hemlock Lane, represented the Schmidt Lake Improvement Association. The Association also supports the staff recommendation. He reported on recent efforts taken by the Assr.ciation, including a commitmQnt of 95 percent of the lake's property owners to contribute toward milfoil treatment. Councilmember Vasiliou stated this is another example of good work on the part of neighborhoods. Motion carried, five ayes. Councilmember Vasiliou asked if the City has established a policy on matching contributions toward the treatment of milfoil. Director Blank stated the Council referred this issue to the Nater Quality Committee. They are studying the issue and will report to the Council. Director Moore explL-ined the proposed policy for administration of the Wetland Conservation Act of 1991. Wetland Conservation Act Item 8-G 0 Regular Council Meeting April 6, 1992 Page 123 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 92-209 POLICY ON ADMINISTRATION OF THE WETLAND CONSERVATION ACT OF 1991. Motion carried on a roll call vote, five ayes. Mayor Bergman stated the btis3neseperson who requested that the Council consider whether the ordinance requiremurt with respoct to the testing of automatic fire alarm systems is appropriate has asked that the issue be tabled to the next meeting. MOTION was made by May7z Bergman, seconded by Councilmember Vasiliou, to table to April 20 Agenda Item 8-H, Maintenance of Automatic Fire Alarm Systems - Review of Ordinance Requirements. Motion carried, five ayes. MOTION was made by Councilmember. Helliwell, seconded by Councilmember Edson, to adopt ORDINANCE NO. 92-11 RELATING TO PUBLIC SAFETY AND AMENDING SECTION 930 OF THE PLYMOUTH CITY CODE RELATING TO BOW FISHING, with the amendment that the word "church" is replaced with "places of worship" to make it more inclusive. Motion carried on a roll call vote, .five ayes. Councilmember Vasiliou stated that the resolution appointing a new City Attorney was adopted on February 3 to be effective February 4. The City Manager stated the transition could not be accomplished that quickly. She stated that she was shocked to see a bill of $23,000 for one month from Holmes and Graven, when the pending civil litigation report slated January 23, 1992, shows there are five pending items, one new matter, and three matters closed. She asked if it is appropriate to charge for transfer of files, noting that about $6,000 was charged for phone calls and files transfers relating to the transition. She also questioned the amounts listed for park+ng, mileage, and meals expense. RESOLUTI.QN-92-20 POLICY ON ADMINISTRATION OF WETLAND CONSERVATION ACT OF 1991 Item 8-G Maintenance of Automatic Fixe Alarm Systems - Tabled Item 8-H ORDINANCE 92-,U ORDINANCE RELATING TO BOW FISHING Item 8-I 0 n Regulz._ Council Meeting April 6, 1992 Page 124 Councilmember Tierney stated Council had agreed to take on making the decision to retain Attorney. she believed the these costs when a new City Councilmember Vasiliou also expressed the concern that the Charter Commission attorney may be doingunnecessarywork, noting a comment in the Charter Commission minutes made by a Commissioner that the attorney had Froceeded to write a draft charter without specific direction from the commission. Councilmember Vasiliou stated the Council was never given an estimated cost for thetransition. Councilmember Helliwell stated that when the CityAttorneyissuewasdiscussed, she knew there were going to be large costs involved with the transition. It is one of the reasons she voted against changing the Attorney. She stated she fully believed the City would have two firms doing work for at least the next year due to pending cases, in addition to the attorney hiredforbondwork. Mayor Bergman stated that he had believed that during the transition the former attorney would continue handling only those cases agreed upon bythestaffandnewattorney. All new cases would be assigned to the new City Attorney. Manager Will i9 Stated this is the case. No new work has been asuigned to Holmes and Graven. The Council contim ed di3cussions on the mileage, parking, and meals expenses, Councilmember Vasiliou asked how the former attorney is billing the City for completing thecases. Manager Willis stated the former attorney isbillingtheCityattheprevioushourlyrate, but with no retainer. Councilmember Edson stated most of the billingsystemshavestandardphrasesthatthefirmhas established. For example, the amount listed for parking expense could include mileage and W 1 Regular Council Meeting April 6, 1992 Page 125 parking, or could be an amount expended over a period of time. He expressed concern about the large amount billed for transition -related phone calls. He proposed that in order to move forward, the Council needs to have a good understanding of hop the City's legal services are provided and billed. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to direct the City Attorney to prepare a memo outlining the canes cont'nuing with Holmes and Graven, including an esti-.Ate of the cost for each. Councilmember Edson clarified that it will be difficult to determine an exact cost not knowing how long a case could continue, but he stated the current City Attorney should have control over legal services at:a should report back to the Council so the Councilmembers are ft.11y aware of the status of all cases. Councilmember Tierney stated she didn't agree with the change in attorneys, and feels tha transition costs are justified. Motion carried, five ayes. Manager Willis stated the City has not yet paid the bill. He asked what the Council desired. Councilmember Vasiliou stated the City has little choice whether or not to pay the bill. Hearing no objections from the Council, Mayor Bergman stated that the bill should be paid. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION N0. 92-209 APPOINTINGEEMBin8 TO THE FINANCIAL ADVISORY COMMITTEE, appointing hard Treptow and Almon C. Bock II to terms expiring 1- 31-95; and Nancy Norman, Jennifer Martin, and M!chaal McConnell to terms expiring 1-31-94. Motion carried on a roll call vote, five aycs. Manager Willis presented a legislative update, addressing the status and content of the Omnibus Tax Bill. MQLUTIOIi _22-20. APPOINTING MEMBERS TO THE FINANCIAL ADVISORY COMMITTEE Item 8-K Legislative Update Item 8-L 9 Regular Council Meeting April 6, 1992 Page 126 MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to approve the revised City Mission Statement and 1992-1993 City Council Goals and Objectives, and to direct staff to publicize the Mission Statement and Goals with the news media and through the Plymouth News. Motion carried, five ayes. The Council added two topics to the Study Session Meeting Topics list: 1) Joint Meeting with Maple Grove City Council; and 2) Discuas options to updating existing commercial areas, including Port Authority status. The Council scheduled a meeting of the Special Assessment Committee to discuss the Larch Heights Lagoon dredging project for immediately following the Board of Review meeting on April 13. Councilmember Helliwell suggested that 6he staff provide written information comparing City Council salaries and benefits with ocher communitiee and that the item be deleted from the study session list. The Council concurred. The City Council scheduled an Executive Session for 9:00 a.m. on April 21 to continue the City Manager's performance review. Manager Willis reported on a number of items contained in the Informational Memorandum. He reported that the County Road 10 contract has been awarded by the County. Manager Willis stated the City has received a number of calls about geese. Some individuals want the population decredsed and others are concerned about efforts taken by individuals to remove geese from their property. The Council directed staff to draft a letter to the DNR from Mayor Bergman ailout geese issues. Mission Statement/ 1992-1993 Goals and Objectives Item 8-M City Council Study Session Topics and Schedule Item 8-N Executive Session - City Manager's Performance Review item 8-P County Road 10 Project Item 8-0 Geese Item 8-0 O Regular Council Meeting April 6, 1992 Page 127 Maar Bergman directed staff. to include an article in the Plymouth News about the Ci.y's erosion control ordinance and how it effects homeowners by requiring the same measures currently required of developers. Manager Willis reported on the property condemnation hearing library site. The hearing has the Commission at the request owner for three months. publicize Erosion Control Ordinarce in Plymouth News Item 8-O status of the Library Site for the proposed Item 8-0 been continued by of the property Manager Willis reported that Laurie Rauenhorst City MCFOA Clerk - has been elected Secretary of the Minnesota Municipal Clerks and E-inance Officers Association Item 8-0 MCFOA). The Council discussed the issue of storageof equipment for athletic associations at parks. Councilmember Tierney suggested that staff survey other communities to determine how they assist with storage for athletic associations and report back to the Council. Councilmember Vasiliou asked about a letter received from Mr. Peterson regarding acquisition of his property for park purposem. Manager Willis stated Mr. Peterson sent a letter requesting that the City acquire a portion of his property for park purposes. The Park and Recreation Advisory Commission (PRAC) will consider this request and provide a recommendation to the Council. The meeting was adjourned at 10:32 p.m. 4ty C er Storage of equipment for athletic associations at parks Item 8-0 Peterson - Request for City to Purchase property for parkland Item 8-0