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HomeMy WebLinkAboutCity Council Minutes 01-04-1993MINUTES REGULAR COUNCIL MEETING JANUARY 4, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:05 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on January 4, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Finance Director Hahn, Public Safety Director Gerdes, City Attorney Meller, and City Clerk Rauenhorst ITEM 4 NEW CITY CHARTER Acting Manager Boyles stated Plymouth became a Charter City on January 1, 1993. He explained that the City will remain a Council -Manager form of government. Local elections will change from odd to even years, and during the Inst few years a transition schedule will be followed to shift from a five member at -large Council to a seven member Council with wards. The Charter provides for a four ward system. One Councilmember will be elected from each of the four wards, two Councihnembers will be elected at large, and the Mayor will be elected at large. He explained changes resulting from the Charter relating to campaign contributions, community improvement fund, and initiative and referendum. He stated that resolutions and ordinances must be submitted in writing and become effective upon passage, rather than publication. The Charter provides that the Council shall appoint a secretary to the City Council, and he recommended that Laurie Rauenhorst be appointed the City Council secretary. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to appoint Laurie Rauenhorst as the secretary to the City Council, pursuant to the requirements of the City Charter. Motion carried, five ayes. ITEM 5 APPROVE AGENDA Mayor Bergman requested that Item 8-D, Appointment of the City Manager, be moved to immediately follow the Consent Agenda. Regular Council Meeting January 4, 1993 Page 2 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda as amended. Motion carried on a roll call vote, five ayes. ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt the Consent Agenda. Motion carried on a roll call vote, five ayes. ITEM 6-A COUNCIL MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Filson, to approve the December 21, 1992, council minutes. Motion carried on a roll call vote, five ayes. ITEM 6-B PLYMOUTH PARTNERS H. PREL. PLAT, REZONING AND SUBD VARIANCE AT THE NORTHWEST CORNER OF I-494 AND SCHMIDT LAKE ROAD 91031 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-1 APPROVING PRELIMINARY PLAT/GENERAL DEVELOPMENT PLAN AND SUBDIVISION CODE VARIANCE FOR PLYMOUTH PARTNERS H FOR PLYMOUTH TECHNOLOGY PARK (91031). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt ORDINANCE 93-1 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 494 AND SCHMIDT LAKE ROAD AS I-1 (PLANNED INDUSTRIAL) AND B-2 (SHOPPING CENTER BUSINESS). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-2 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR PLYMOUTH PARTNERS 11 FOR PLYMOUTH TECHNOLOGY PARK (91031). Regular Council Meeting January 4, 1993 Page 3 Motion carried on a roll call vote, five ayes. ITEM 6-C DONALD HANSE. CONDITIONAL USE PERMIT FOR HOME OCCUPATION (92108) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-3 APPROVING CONDITIONAL USE PERMIT FOR DONALD HANSE FOR A MASONRY AND BRICK REPAIR BUSINESS LOCATED AT 1855 NIAGARA LANE NORTH (92108). Motion carried on a roll call vote, five ayes. ITEM 6-1) ARGUS DEVELOPMENT INC. RPUD CONCEPT PLAN PREL PLAN/PLAT AND CONDITIONAL USE PERMIT, REZONING, AND SUBD VARIANCE (92110) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-4 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR ARGUS DEVELOPMENT, INC. LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE 92110). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-5 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT/PLAN, CONDITIONAL USE PERMIT AND SUBDIVISION VARIANCE FOR ARGUS DEVELOPMENT, INC. LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE (92110). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt ORDINANCE 93-2 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE AS R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) (92110). Motion carried on a roll call vote, five ayes. Regular Council Meeting January 4, 1993 Page 4 MOTION was made by Councilmember Helliwell, seconded by Councilmember Filson, to adopt RESOLUTION 93-6 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR ARGUS DEVELOPMENT, INC., LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE (92110). Motion carried on a roll call vote, five ayes. ITEM 6-E ABRA. INC. CONDITIONAL USE PERMIT AT 11040 HIGHWAY 55 9( 2111) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-7 APPROVING CONDITIONAL USE PERMIT FOR ABRA, INC. (92111). Motion carried on a roll call vote, five ayes. ITEM 6-F GEM ENTERPRISES. REDUCTION OF SITE PERFORMANCE GUARANTEE (91109) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-8 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE AND EXTENSION OF THE COMPLETION DATE FOR GEM ENTERPRISES LOCATED AT 11311 STATE HIGHWAY 55 91109). Motion carried on a roll call vote, five ayes. ITEM 6-G ROTTLUND HOMES. RELEASE OF SITE PERFORMANCE GUARANTEE (89044) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-9 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ROTTLUND HOMES FOR LAKE CAMELOT VILLAS LOCATED ON THE WEST SIDE OF WEDGEWOOD LANE, NORTH OF YUCCA LANE (89044). Motion carried on a roll call vote, five ayes. ITEM 6-H HARASSMENT ORDINANCE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt ORDINANCE 93-3 RELATING TO HARASSMENT. Regular Council Meeting January 4, 1993 Page 5 Motion carried on a roll call vote, five ayes. ITEM 6-I REQUEST FROM SCHOOL DISTRICTS TO RECEIVE TAX INCREMENTS FROM REFERENDUM MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-10 DENYING THE REQUEST FROM SCHOOL DISTRICTS FOR PAYMENT OF TAX INCREMENTS. Motion carried on a roll call vote, five ayes. ITEM 64 SET HEARING ON VACATION OF A PORTION OF KINGSVIEW LANE MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-11 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF STREET RIGHT-OF-WAY FOR KINGSVIEW LANE, FORMERLY LAKE STREET AND LAKESHORE COMMONS, ADJACENT TO LOTS 18, 19, 20, AND 21, BLOCK 2, SUBURBANDALE ON PARKER LAKE. Motion carried on a roll call vote, five ayes. ITEM 6-K DEVELOPMENT CONTRACT BOND REDUCTION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-12 REDUCING DEVELOPMENT BOND, GOLFVIEW ESTATES ADDITION (91047). Motion carried on a roll call vote, five ayes. ITEM 6-L REIMBURSEMENT FOR REQUIRED WATERMAIN CONSTRUCTION 9104 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-13 REIMBURSING DEVELOPER FOR REQUIRED 16 INCH TRUNK WATERMAIN CONSTRUCTION, GOLFVIEW ESTATES ADDITION (91047). Motion carried on a roll call vote, five ayes. Regular Council Meeting January 4, 1993 Page 6 ITEM 6-M HENNEPIN COUNTY GROUND WATER PLAN MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-14 APPROVING CITY OF PLYMOUTH RESPONSE TO HENNEPIN COUNTY GROUND WATER PLAN. Motion carried on a roll call vote, five ayes. ITEM 6-N PRELIIVHNARY ENGINEERING REPORTS 1993 CAPITAL IMPROVEMENT PROJECTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-15 ORDERING PREPARATION OF PRELIMINARY REPORT, STREET AND UTILITY IMPROVEMENTS, DUNKIRK LANE - HIGHWAY 55 TO COUNTY ROAD 9, CITY PROJECT NO. 308. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-16 ORDERING PREPARATION OF PRELIMINARY REPORT, TRAFFIC SIGNAL, 36TH AVENUE/LANCASTER LANE, CITY PROJECT NO. 309. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-17 ORDERING PREPARATION OF PRELIMINARY REPORT, STREET AND UTILITY IMPROVEMENTS, NEW COUNTY ROAD 9 - HIGHWAY 55 TO VICKSBURG LANE, CITY PROJECT NO. 310. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-18 ORDERING PREPARATION OF PRELIMINARY REPORT, WATERMAIN IMPROVEMENTS, FERNBROOK LANE - 21ST AVENUE TO LUCE LINE TRAIL, CITY PROJECT NO. 311. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 4, 1993 Page 7 ITEM 8-D APPOINTING CITY MANAGER Mayor Bergman reported that following the recruitment and selection process, the City Council has decided to offer the position of Plymouth City Manager to Dwight D. Johnson. He introduced Harry Brull, Personnel Decisions, Inc., the City's consultant for the City Manager selection process. Mr. Brull explained the recruitment and selection process, and thanked the City Council and staff members who participated in the selection process. He stated the consensus choice resulting from the process was Dwight Johnson, currently the City Manager of Shoreview. Mr. Brull stated he then worked with the City Council and the new City Manager to negotiate an employment agreement. He stated the resulting compensation package will not put Plymouth at the top for City Manager compensation in the State. He believes the package is appropriate given Plymouth's population and complexity. Mayor Bergman stated that the department heads and employee panelists did an excellent job and this was one of the first times to his knowledge that a Council has asked general employees to assist in the selection of a City Manager. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-19 APPOINTING DWIGHT D. JOHNSON AS PLYMOUTH CITY MANAGER, and approving employment contract. Councilmember Helliwell questioned the clause on Page 2 of the proposed employment agreement relating to a bonus of $1,750 to be paid after a specified period of employment. She believes the proposed base compensation is appropriate given Plymouth's population; however, she is concerned with the word "bonus". She has received phone calls from individuals who feel the same, and the term makes her uncomfortable. Mayor Bergman suggested the word "bonus" could be amended to "incentive merit". He believes the new Manager will be amenable to amending language in the employment agreement, as long as substantive changes relating to compensation are not made. Mayor Bergman supports the incentive merit pay because it is performance- based. Councihnember Edson stated the Council also asked Harry Brull to assist the Council in developing an ongoing performance evaluation process for the Council/City Manager. He noted that the agreement calls for a performance evaluation after six months, then annually thereafter. Regular Council Meeting January 4, 1993 Page 8 Councilmember Vasiliou concurred with Councilmember Helliwell that the connotation of a "bonus" is difficult in today's economic climate. She also takes strong exception to the word "bonus". She believes this position is a marvelous opportunity for a candidate. Councilmember Vasiliou stated that during prior study sessions, she had noted a number of objections to items in the proposed agreement. Some of the changes have been made, but others have not. One concern she has is the provision for a moving allowance since residency in Plymouth is not a requirement of the position. She stated concerns that the Council received drafts of the agreement on December 28 and 30, and a third draft immediately prior to this meeting. She believes the process has been excellent, and that Mr. Johnson is the best candidate. However, she has concerns with the proposed agreement being provided immediately before the Council meeting. Councilmember Tierney stated the entire process has built credibility, and she urged the City Council to give its full support to the new Manager. She stated that the merit pay included in the agreement for 1993 could certainly be considered for amendment in future years. She believes the future involvement of Personnel Decisions Inc., will greatly assist the Council in doing an appropriate evaluation of the City Manager. Mayor Bergman amended the main motion to change the term "bonus" in the employment agreement to "non -base merit increase". The seconder, Councilmember Edson, accepted the friendly amendment. Main motion as amended carried on a roll call vote, four ayes; Vasiliou abstained. Councihnember Vasiliou stated her abstention is in regard to the employment agreement - not the individual selected. ITEM 7-A VACATION OF TEMPORARY STREET EASEMENT IN RIDGECREST ADDITION Mayor Bergman opened a public hearing at 7:38 p.m. on vacation of a temporary street easement on Lots 2 and 3, Block 3, and Lots 2 and 3, Block 4, in Ridgecrest Addition. Public Works Director Moore presented the staff report on the proposed vacation. No one appeared and the hearing was closed at 7:38 p.m. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-20 AUTHORIZING THE VACATION OF A STREET, CURB AND GUTTER, SIDEWALK AND UTILITY EASEMENT OVER PART OF LOTS 2 AND 3, BLOCK 3, AND LOTS 2 AND 3, BLOCK 4, RIDGECREST ADDITION. Regular Council Meeting January 4, 1993 Page 9 Motion carried on a roll call vote, five ayes. ITEM 7-B VACATION OF PORTION OF 49TH AVENUE Mayor Bergman opened a public hearing at 7:39 p.m. on vacation of a portion of Wellington Avenue and 49th Avenue adjacent to Lots 1 and 5, Block 3, Sky Line Hills Unit No. 1. Public Works Director Moore presented the staff report on the proposed vacation. No one appeared, and the hearing was closed at 7:39 p.m. MOTION was made by Councihnember Tierney, seconded by Mayor Bergman, to adopt RESOLUTION 93-21 AUTHORIZING THE VACATION OF A PORTION OF 49TH AVENUE, FORMERLY CREST VIEW DRIVE AND A PORTION OF WELLINGTON LANE FORMERLY HILLSIDE AVENUE IN SKYLINE HILLS UNIT NO. 1. Motion carried on a roll call vote, five ayes. ITEM 8-A-1 PLANNING COMMISSION RECOMMENDATION ON GOFF SIDE LAND USE GUIDE PLAN CLASSIFICATION Community Development Director Dillerud stated that earlier this year the Council directed the Planning Commission to consider the appropriateness of the current LA -4 guiding of the Goff site, west of Xenium Lane at 37th Avenue North. The Commission, on a 3-1 vote, recommended that no further action be taken with respect to the guiding and that the LA -4 guiding remain. The Commission noted that this site had been considered together with the balance of the City during the review of the Land Use Guide Plan in 1989, and that there have been no events since that time that would cause them to reconsider their 1989 decision that LA -4 guiding is appropriate. He stated the dissenting Planning Commissioner's concerns related to the traffic impact on Xenium Lane that results from the LA -4 guiding. Ed Albro, Planning Commissioner, stated the staff report accurately reflects what happened at the Planning Commission meeting. MOTION was made by Mayor Bergman, seconded by Councihnember Tierney, that no further action be taken with respect to the Land Use Guide Plan classification of the Goff site" at Xenium Lane and 37th Avenue North. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 4, 1993 Page 10 ITEM 8-A-2 PLANNING COMMISSION RECOMMENDATION ON REGULATION OF OUTDOOR STORAGE IN RESIDENTIAL DISTRICTS Community Development Director Dillerud stated the Council previously directed that the Planning Commission consider possible City Code/Zoning Ordinance amendments that would better address the issue of the storage of recreational vehicles and other accessory vehicles/articles outdoors in the residential neighborhoods. Staff presented information to the Planning Commission for consideration, including results of polls of other communities. Director Dillerud stated there is a wide divergence between cities on how the issue of outdoor storage. The Planning Commission indicated that the problem at this time is not of sufficient magnitude to warrant further intrusion on private property rights by additional or increased Code/Zoning Ordinance provisions. The intent is to address the topic when issues arise again in the future. Mayor Bergman stated he receives phone calls from residents concerned about this issue, and he initially asked the Planning Commission to consider this issue so the City would have an ordinance in place to respond to complaints. MOTION was made by Mayor Bergman, seconded by Councihnember Helliwell, to take no action at this time, but to revisit the issue at a later date. Councilmember Vasiliou asked whether additional Code/Zoning Ordinance provision could help public safety personnel in responding to complaints of inappropriate outdoor storage, particularly in recurring situations. Director Dillerud concurred there are several locations in the City that are recurrent problems. Staff works with the property owner and the problem is corrected for a period of time. He stated that vehicles are the biggest problem, and in most situations staff can require correction through current vehicle registration laws or through the "no parking" ordinances when the vehicle is parked on public right-of-way. He stated that the current ordinances do not solve all of the problems relating to outdoor storage all of the time, but he questioned whether additional ordinances would have a positive impact on the issue. Councihnember Vasiliou stated that if staff is not receiving a significant number of complaint calls, the Planning Commission may be correct that there is not sufficient magnitude to warrant further intrusion on private property rights at this time. She stated the ordinance could still be amended and enforcement could be done only on a complaint basis. Director Dillerud stated the City already has a number of ordinances which staff enforces on a complaint basis. It is the Planning Commission's concern that a new ordinance may be enforced for some properties and not for others. Regular Council Meeting January 4, 1993 Page 11 Councilmember Vasiliou stated that the City of Edina recently addressed outdoor storage of recreational vehicles by requirements on hard surface parking areas and side yard regulations. She stated that perhaps Plymouth should consider similar requirements. Councilmember Dillerud stated the grandfather precedence on this issue is probably not substantial because recreational vehicles are temporarily parked, not a permanent structure. Therefore, the usual zoning problem of noncomformity cases arising from a delay in addressing an issue will not be significant with this issue. Motion carried, five ayes. ITEM 8-E REPORT ON LIQUOR SERVER LICENSING Public Safety Director Gerdes stated the City has been reviewing the issue of liquor server licensing in conjunction with the Wayzata Plymouth Area Chemical Health Commission. The group feels it is important to obtain input from the liquor service industry before proposing an ordinance to initiate server licensing in the City. Director Gerdes recommended that a joint letter from the City and the Chemical Health Commission be sent to liquor establishments with their liquor renewal notifications in February. The letter would seek input from individuals or a group within the liquor industry and allow input prior to drafting a formal ordinance. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to direct staff to send a letter seeking input on a proposed liquor server licensing ordinance. Motion carried, five ayes. Councilmember Vasiliou applauded Director Gerdes' efforts with the Chemical Health Commission on this project and stated he is bridging a gap between the City and school district. ITEM 8-F FIRE ALARM TASK FORCE RECOMMENDATIONS Public Safety Director Gerdes presented the staff report on the Fire Alarm Task Force recommendations and introduced Fire Chief Rick Kline and Stan Scofield, who was a member of the Task Force. The Task Force recommends that semi-annual maintenance of fire alarm systems for apartments, hotel/motels, schools, day care center, and institutions, be continued, along with bimonthly testing of fire sprinkler systems. He stated the fire alarm statistics indicate these users are responsible for a majority of the Regular Council Meeting January 4, 1993 Page 12 false alarms and there are large populations in these buildings who depend on the effectiveness of the fire alarm or suppression system. The Task Force also recommends that the cleaning, inspection, and testing of fire alarm systems for manufacturing, office, and warehouse buildings should be annual (rather than semi-annual) with bimonthly testing of the fire sprinkler system. The charge for false alarms for all automatic fire alarm system users except single family is proposed to be increased to $100 for the first alarm, $300 for the second alarm, and $500 for each subsequent alarm. The existing code provides for a sliding scale charge increasing 100 per alarm to a maximum of $500. The purpose of this recommendation is to more quickly reduce the number of false alarms and to charge a fee which more accurately reflects the actual cost of fire department response to false alarms. He stated the single-family false alarm charge is proposed to be $100 for the first alarm, with a 50 reimbursement if the fire alarm company certifies that they repaired the cause of the alarm. Thereafter, the cost would be $200 per false alarm. Director Gerdes stated that if the Council concurs with these recommendations, it would be appropriate to conduct a public information meeting to solicit public input on the proposed ordinance revisions. Notice of the meeting would be sent to owners or managers of apartments, hotel/motels, schools, industrial and manufacturing structures who would be most affected by the revisions. Councihmember Tierney asked how the time frame for determining the number of false alarms is calculated. Director Gerdes explained that the number of false alarms for a structure is calculated on a calendar year basis. The first of the year, each structure starts again with zero false alarms. Councilmember Edson asked if staff ensures that a new building has an alarm permit during the fire inspection of the new structure. Fire Inspector Scofield stated yes. The owner is required to complete the permit form, although there is no charge for the initial permit, and to supply a certificate from the company who certifies their system. If there is a false alarm, the owner is required to renew their permit by paying the fee specified in the ordinance. If the permit is not renewed following a false alarm, charges are applied as special assessments against the property. Councihmember Vasiliou asked what preventive measures can be taken in apartment situations that tend to have continual false alarm problems. Regular Council Meeting January 4, 1993 Page 13 Director Gerdes stated staff has assisted apartment owners with fundamental information about the ordinance. He believes the new Public Safety Education Specialist will be able to further work with apartment owners and managers to safeguard their systems. Fire Inspector Scofield explained that the month-end and year-to-date false alarm statistics that are provided to the Council include both alarm system failures, as well as calls resulting from burnt food odor or burned food smoke. An alarm permit needs to be renewed, and the fee paid, only in the case of alarm system failures. No fee is charged when a false alarm results from a call about odor or smoke. Director Gerdes stated the Fire Chief is working on developing a more detailed false alarm reporting system to accurately determine the reason for the false alarm. Mayor Bergman suggested that the public information meeting be conducted no sooner than late February, since the Council has a number of other public information meetings in late January and early February. Councilmember Edson asked if the Fire Alarm Task Force, which is made up of representatives of the fire department, manufacturing, and apartment owners, was well represented. Fire Inspector Scofield stated the Task Force had a well-rounded membership and the meetings were well attended. Acting Manager Boyles stated he and Fire Inspector Scofield met with one apartment manager to explain the purpose of the ordinance. The manager understood that the costs resulting from false alarms should be paid by those causing the costs, not the general taxpayers. He stated the ordinance is an attempt to motivate property owners to correct their false alarm problem when it occurs. Staff is willing to work with owners to find ways to reduce the number of false alarms. MOTION was made by Councihnember Edson, seconded by Mayor Bergman, to direct staff to schedule a public information meeting on the proposed revisions to the fire alarm ordinance. Motion carried, five ayes. ITEM 8-11 BOARD AND COMMISSION APPOINTMENTS Acting Manager Boyles presented the staff report on board and commission appointments. Regular Council Meeting January 4, 1993 Page 14 MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-22 APPOINTMENTS TO PLANNING COMMISSION, reappointing Michael Wigley and Barbara Stimson. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-23 APPOINTMENTS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS, reappointing J. Paul Dolan and James Edwards. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-24 APPOINTMENTS TO PARK AND RECREATION ADVISORY COMMISSION, reappointing Mark Wahl and Mary Kay Watson, as well as changing the designation of Wyatt Gutzke to Ward 2. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-25 APPOINTMENT TO HOUSING AND REDEVELOPMENT AUTHORITY, reappointing John Edson. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-26 APPOINTMENTS TO WATER QUALITY COMMITTEE, reappointing Valentin Scheglowski and Jeffrey Shopek. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-27 APPOINTING MEMBER TO HOUSING AND REDEVELOPMENT AUTHORITY (HRA), appointing Brian A. Warhol. Motion carried on a roll call vote, five ayes. ITEM 8-C ANNUAL APPOINTMENTS AND DESIGNATIONS MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 93-28 APPOINTING DEPUTY MAYOR FOR 19939 appointing Councilmember John Edson. Regular Council Meeting January 4, 1993 Page 15 Motion carried on a roll call vote; Edson, Vasiliou and Bergman ayes; Helliwell and Tierney nays. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 93-29 DESIGNATING OFFICIAL NEWSPAPER FOR 1993 as the Plymouth Sailor. Councilmember Vasiliou noted that communication concerns were recently discussed with the Sailor editor, who suggested that the City provide information in the form of a Council brief following each meeting. This would aid the newspaper in accurately reporting City Council actions. Staff was directed to provide the Sailor with this information. Motion carried on a roll call vote, five ayes. Finance Director Hahn stated that on December 7, the Council directed staff to contact area banks to determine what additional services they would provide if designated as the City's official depository. Because the response was mixed, staff drafted a request for proposals which was distributed to area banks. The proposals requested zero balance accounts and that all balances be swept to money market accounts overnight. He stated that the Council also asked staff to check whether employees receive any special rates or other benefits as the result of the City's account. He stated the four banks contacted were very similar and offer employees of their commercial accounts several benefits and discounts. He compared the various charges submitted by the four banks. He stated that some of the standard bank charges such as deposit slips, deposit of currency, deposit of coins, etc., would be eliminated if the City chose the 4M Fund as proposed by First Bank Plymouth. Wire transfer fees, payroll changes and some others would still remain. The associated account charges by the banks ranged from a high of $1,504.62 to a low of $320.00 per month. First National Bank of Wayzata proposed the low of $320 per month and is recommended as the City depository for 1993-1995. Councilmember Helliwell noted that First National Bank of Wayzata was next in line to be designated as the official depository had the Council remained with the previous rotation policy. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-30 APPOINTING OFFICIAL DEPOSITORIES FOR CITY FUNDS, designating First National Bank of Wayzata for 1993 through 1995. Regular Council Meeting January 4, 1993 Page 16 Councilmember Edson stated he has concerns with the perception that City employees may be getting a discount or other benefit not available to the general public. He has no objection to this benefit if the bank offers the same to its other corporate accounts, but it is inappropriate if only offered to City employees to gain the City's business. SUBSTITUTE MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to appoint First National Bank of Wayzata as the official depository for 1993 only. Acting Manager Boyles stated the costs provided in the proposals is for a three year period. A one-year option was not requested. Councilmember Vasiliou stated she is not comfortable with that long of a commitment and she wants to review the appointment again in a year. Councilmember Tierney stated she will not support the substitute motion as additional time will be spent by staff doing another request for proposals and the subsequent review. She asked if Councilmember Vasiliou has an affiliation with any bank. Councilmember Vasiliou stated she serves on the Board of Directors of Norwest Bank; however, that is not relevant to the motion. Councilmember Edson asked what time period was designated in the previous bank rotation policy. Finance Director Hahn stated the designation was previously made for a two year period. Mayor Bergman withdrew his second to the substitute motion. The substitute motion failed for lack of a second. A representative of First Bank Plymouth questioned several of the fees outlined in the Finance Director's report. She stated that several of the fees of First Bank Plymouth would be waived; however, payroll transfer and other fees would still be in effect. Finance Director Hahn stated First National Bank of Wayzata proposes no fee for payroll transfer and other services for which the other banks listed charges. Councilmember Vasiliou stated she would have liked to review the proposal information, rather than have it presented at the meeting. Regular Council Meeting January 4, 1993 Page 17 Finance Director Hahn stated he would provide a copy of the proposal information to Councihnembers. MOTION to amend the main motion was made by Councilmember Edson, seconded by Mayor Bergman, to make the designation on the condition that City employees do not receive any special benefits or reduced rates from the bank that would not normally be offered to other commercial accounts of the bank. Motion to amend carried, five ayes. Main motion, as once amended, carried on a roll call vote; four ayes; Vasiliou nay. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-31 RATIFYING SURETY AND BLANKET BONDS FOR CITY EMPLOYEES FOR 1993. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-32 DESIGNATING CITY HEALTH OFFICER FOR 1993. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-33 APPOINTING COUNCIL COORDINATING REPRESENTATIVES FOR 1993. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-34 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY, designating Fred Moore as Director and Mayor Bergman as Alternate Director. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-35 APPOINTMENTS TO MUNICIPAL LEGISLATIVE COMMISSION, appointing Mayor Bergman and City Manager Johnson. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 4, 1993 Page 18 MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to conduct interviews with applicants to the West Suburban Mediation Center Board, the West Hennepin Human Services Planning Board, and the Northwest Hennepin Human Services Council. Motion carried, five ayes. The Council indicated that they will also consider for appointment to these vacancies individuals who interviewed for the HRA vacancy. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to designate the City Council as the Special Assessment Committee for 1993. Motion carried, five ayes. ITEM 8-G STUDY SESSION MEETING TOPICS Acting Manager Boyles reviewed the list of pending Study Session topics. Councilmember Tierney suggested that the study session topic on City Attorney services be delayed until the new City Manager arrives. The Council concurred. ITEM 8-H CITY COUNCIL INFORMATION MEMORANDUM Acting Manager Boyles reported on the following items in the Information Memorandum: Newly elected official reception sponsored by TwinWest Chamber of Commerce, MLC annual legislative dinner, Four Seasons Mall tax delinquency article, Minnesota 2000 for Osseo School District, new Town Meeting agenda format; and Public Works Director Moore's memo on drainage issues at The Gym. The Council discussed the drainage situation at The Gym and concerns noted by the owner, Mr. Younger. Mayor Bergman stated he has spoken with Mr. Younger who indicated that the City's analysis and suggested solution to the problem is not acceptable to him. Director Moore stated that Mr. Younger's architect has proposed that the City should pay for an addition to the front of his building and an elevator, rather than the curb improvements proposed by the City to the parking area so that the parking lot would serve as a temporary holding pond area. Mr. Younger's proposal would cost about 150,000; the City's proposal would cost $38,000 to $40,000. Regular Council Meeting January 4, 1993 Page 19 Acting Manager Boyles noted that any solution would require action of the City Council. Mayor Bergman stated the City Council could conduct an Executive Session on the issue to discuss the legal issues involved. Councilmember Vasiliou questioned why the City should be obligated to correct the problem if the building was constructed below grade and if the City has done nothing to compound the drainage problem. Director Moore stated that based on discussion of the situation with the City Attorney's office, the City is legally in a good position; however, this was an attempt to try to solve the problem and eliminate the City's involvement in a possible lawsuit. Councilmember Edson stated he is not prepared to offer a suggestion at this point without further information. He suggested that the City Attorney provide a report on the legal issues involved and the staff provide information on the options for correction. Councilmember Vasiliou suggested the City wait until a specific request is made by Mr. Younger. Acting Manager Boyles reviewed the status of the possible settlement agreement of the City of Plymouth vs. Marcus Corporation suit. He stated the result of the suit may be that the City will win, but will be unable to collect the money awarded. Director Moore explained that a pre-trial hearing was held on December 28 on this issue, and the proposed settlement was developed through negotiation between attorneys. Acting Manager reported on the status of the Larch Heights Lagoon project Mayor Bergman requested that staff keep interested property owners informed about the status of this project, as well as other sensitive projects where there is significant neighborhood concern. He stated that property owners need to be contacted periodically, even if nothing is happening on the project for a period of time. Councilmember Edson asked about the status of the risk management reserve and whether the reserve is excessive. He questioned whether at some point the difference between the net and gross insurance premiums should be deducted from the general fund, rather than increasing the risk management reserve. Director Hahn stated that if it is determined that the reserve is at a good point, the charges to various funds from the risk management fund could be scaled back. Regular Council Meeting January 4, 1993 Page 20 MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to direct staff to provide a report on the insurance reserve prior to 1994 budget considerations so the Council can determine whether the reserve is adequate to cover possible losses for which the City self insures. Finance Director Hahn suggested that this information could be provided as part of the annual risk management report. Motion carried, five ayes. Councilmember Tierney referenced a letter received regarding the City's towing policy and asked if residents are familiar with it. Public Safety Director Gerdes described the situation noted in the letter and stated that this is the type of information that the new Public Safety Education Specialist can work on getting to residents. Acting Manager Boyles stated that the policy and suggested practice if a vehicle stalls could be immediately placed on the cable character generator. Mayor Bergman suggested that the City Council request a meeting with the Hennepin County commissioners who represent Plymouth. Staff will contact the commissioners to obtain alternate dates. Councilmember Vasiliou stated that it is important that a qualifier be placed in the survey proposed by the Park and Recreation Advisory Commission that the City does not anticipate any specific project. She stated the survey also needs to indicate that any new structure will result in additional cost to the taxpayer. Councilmember Edson requested that other suggestions on the survey be forwarded to PRAC. The intent is to have a professional draft the survey which would then be reviewed by the Council. A test sample would be used to determine how well the survey works. The survey would be revised for the final version. He stated he and the PRAC members are very concerned that the survey not lead responses or mislead residents into thinking particular projects are planned. Councilmember Tierney questioned why the survey is proposed now and whether there will be immediate use of the information, as surveys are costly. Regular Council Meeting January 4, 1993 Page 21 Mayor Bergman stated that the survey was discussed at a joint Council-PRAC study meeting. PRAC wanted to know if there are unmet recreational needs in the community. Councilmember Edson stated that the survey may help to determine what should be done with the park dedication funds. The Council has traditionally used those funds for acquisition and development of neighborhood parks and community playfields. One issue the survey may help answer is whether a segment of the population has been ignored in terms of recreational opportunities or facilities. Councihnembers stated that the survey must be written in order not to create expectations. Councihnember Vasiliou suggested that a joint meeting with PRAC be added to the study session topic list once the questions are prepared to discuss the Council's concerns including the purpose of the survey. The meeting was adjourned at 9:33 p.m. City Berk