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
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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
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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.
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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
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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
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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