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HomeMy WebLinkAboutCity Council Minutes 02-04-1991MINUTES REGULAR COUNCIL MEETING FEBRUARY 41 1991 T:ze regnlar meeting of the Plymouth City Coi.ncil was called to order by Mayor Bergman at 7:On p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on Febniary 4, 1991. PRESENT: Mayor Bergman, Councilmembere Helliwall, R3cter, Vesiliou, Zitnr ASSENT: None STAFF PRESENT: City Manager Willia, Assistant City Manager Boyles, Community Development DL rector Trenere, Public Works Director Moore, City Attc::ney Thomson, and City Clerk RauenhoLat David Anderson, President of the League of P 1 ymouth Voters, presented signed petitions which stated: "We, the undersigned registered voters of Plymouth, pursuant to Minn. Stat. 205.10, hereby petition and demand Z -hat a special election >>e held within sixty (60) days after esubmission of this petition to determine whether or not the length of City council members' terms w1 ll be decided by the City Council members themeelven, or by the voters of tho City of P lymuuth." Mr. Anderson stated the League of Plymouth Voters group arose from the action of the City Council to change the local election from odd to even years by extending the terms of Mayor and Councilmembers by one year. He stated the League of Plymouth Voters is a non- partinan, non-politicall, and nonprofit group which filud articles of incorporation on January 7, 1991. The goals of the group are to see that the 1991 election is restored, to increaee voter a oartneee, and to sponsor public debates of local candidates. Mr. Anderson described the petition drive and stated that the petitions contain over 3,600 g ignatures of registered voters. This is 51 Petition from League of Plymouth Voters Item 4-A Regular Council Meeting February 4, 1991 Page 43 percent of the number of voters who voted in the last local election. He stated that it was wrong for the Council to request an Attorney General's opinion nn the petition. He estimated that the cost for the opinion would be $30 per hour and from $3,000 to $7,000. Mr. Anderson further stated that the Attorney General's opinion should not matter to the Council; it is the constituents' opinion that matters. Mr. Anderson asked that the Council review the petitions and noted that th..s addresses reflect all areae of the City. He also suggested that Councilmembers call some of the individuals who signed the pecLtion. He stated that 95 percent of the people presented with the petition signed it. Even if the Council is not impressed with the number of s ignatnres, this percentage is overwhelming. He stated that the League of Plymouth Voters will return at the Council's next meeting and will request that the Council do one of the following: 1) Rescind Ordinance No. 90-41 adopted on December 17, 1990, changing the election years from odd to even, or 2) Accept the petitions and call a special election within 60 days. Joy Tierney, President of the Plymouth-Wayaatn League of Women Voters, stated her organizatiiin promotes an open V.overnment system that is responsive to the citizens. She stated that they Council's act ion to change the election years is contrary to League of Women Voters positions. She asked that the Council consider rescinding the ordinance changing election years from odd to even. She also suggested that the City should evaluate and consider a home rule charter, the number of councilmembera, and a ward system. Ray Anderson, 5040 Lawndale Lane, stated that when he obtained signatures for the petition, he heard complaints a oout t:ie way the City is operated. Mayor Bergman askei the City Attorney tc comment on the status of the Attorney General's opinion. Regular Council Meeting February 41 1991 Page 44 Attorney Thomson stated that he has requested an Attorney General's opinion as directed at the last Council messing, and has explained to the Attorney General the urgency associated with this question. He stated that he could not comment on the coat for the opinion, but would check and report back to the Council. Councilmember Vasiliou stated that she was contacted by a resident who heard stories that she and David Anderson had a business relationship for financial gain. She stated that she is in no way affiliated with Day.:d Anderson or the League of Plymouth Voters. Councilmember Vasiliov:, Chairperson of the Wetlands Task Force, summarized the Mask Force's writCen Findings and Recommendations. She stated that it is likely there will be state legislation adopted this year relating to wetland preservation. That could create an impact on the report findings which the City may wish to further consider. She recommended that the report be placed on file and reviewed if further action is desired following adoption of legislation. Councilmember Helliwell stated she had shared the report with a 'DNR representative who believed the report was very good. She stated that the protection of Type 2 Wetlands failed by a 7-3 vote of the Wetlands Task Force, and she asked that the Council consider this wetland tyle because it provides important fringe ureas for transient species. Councilmemter Helliwell stated that. the "No Net Loss" Wetland bill introduced in the legislature would cover Type 2 wetlands. Councilmember Helliwell stated she had also received a question about wetlands in City parks. She had responded that wetland areas approved in City parks would be kept as nature areas, rather than developed. She also agreed that when it is impossible to save a wetland, mitigation should be achieved. She recommended referring the report back to staff for drafting of an ordinance. Wetlands Task Force Report Item 4-H Regular Council Meeting February 4, 1991 Page 45 Councilmember Vasiliou suggested first making the report available for further public input. Manager Willis stated the general public has not had an opportunity to review the Wetlands Task Force Report. He suggested that availability of the report be publicized before any regulations are drafted. Further, the state may adopt laws and regulations that could impact what municipalities can do or must do. Mayor Bergman suggested that copies of the Task Force report be provided to the legislators representing Plymouth. Jim McCullough, Wright County Wetlands Restoration Specialist, stated that there are loopholes" in the DNR and Cosps of 5ngineers wetland regulations. Effective wetland regulation must be locally established and enfoiced. MOTION was made by Mayer Bergman, seconded by Councilmember Zitur, to accept the report of the Wetlands Task Force, to publicize it and solicit input, and to thank the members of the Task force for their service. Councilmember Vasiliou thanked staff members for producing information in a timely manner for the Task Force study. Motion carried, fi•ie ayes. MOTION was made by Councilmember Zitur, seconded Consent Agenda by Councilmember Vasiliou, to approve the Consent Item 5 Agenda. Motion carried on a roll call •rote, five ayes. MOTION was made by Councilmember Zitur, seconded Minutes by Councilmember Vasiliou, to approve the January item *6 20, 1991, Council minutes. Regular Council Meeting February 4, 1991 Page 46 Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:50 p.m. on the application of Star Liquors, Inc., for an off -sale intoxicating liquor license at Rockford Road Plaza. Ken Streeter, 13100 35th Avenue North, applicant, stated he is looking forward to working in the City. The hearing was closed at 7:51 p.m. MOTION was made by Councilmember Vasiliou, beconded by Mayor Bergman, to adopt RESOLUTION N0. 91-88 APPROVING OFF -SALE INTOXICATING LIQUOR LICENSE FOR STAR LIQUORS, INC. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing aL- 7:51 p.m. on the application of L 6 S Inc., d/b/a Tom Thumb #519 for an off -sake nonintoxicating liquor license at 4130 Highway 101. No one spoke and the hearing was closed at 7:51 p.m. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTIOU NO. 93-89 APPROVING OFF -SALE NONINTOXICATING LIQUOR LICENSE FOr L & S INC. Motion carried on a roll call vote, five ayes. 8Fi•4QLUTZQ1`1-21-- to OFF -SALE INTOXICATING LIQUOR LICENSE FOR STAR LIQUORS, INC. Item 7-A RrgOLUTTON 91-92 OFF -SALE NONINTOXICATING LIQUOR LICENSE FOR L 6 S INC. Item 7-B MOTION was made by Councilmember Ricker, seconded RE3oLUz= 91-90 by Councilmember Vasiliou, to adopt RESOLUTION PUBLIC WORKS NO. 91-10 PUBLIC WORKS BUILDING EXPANSION BUILDING EXPANSION PROJECT, CITY PROJECT NO. 009. PROJECT NO. 009 Item 8-A Motion carried on a roll call vete, five ayes. Councilmember Zitur stated that. he is pleased that the cost of the project could be scaled -doom from an estimated $4.6 milli ^ to $3.8 million. 0 0 Regular Council Meeting February 4, 1991 Page 47 MOTION was made by Councilmember Zitur, seconded USOLUT ON 91-91 by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON NO. 91-91 CATLING FOR HEARING ON IMPROVEMENTS, 1991 STREET 1991 STREET RECONSTRUCTION PROGRAM, CITY PROJECT RECONSTRUCTION NO. 102. PROGRAM PROJECT NO. 102 Motion carried on a roll call vote, five ayes. Item *6-B MOTION was made by Councilmember Zitur, seconded RESOLUTION_ 91-92 by Councilmeaber Vasiliou, to adopt RESOLUTION CHANGE ORDER 1 MO. 91-92 APPROVING CHANGE ORDER NO. 1, VINEWOOD PROJECT NO. 948 LANE/C.S.A,H. 9 AREA STREET AND UTILITIES, CITY Item *8-C PROJECT NO. 9418. Motion carried on a roll call vote, five ayes. MOTIOF was made by Councilmember Zitur, seconded RESOLUTION 11-n by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON NO. 91-93 ORDERIITG PUBLIC HEARING ON THE PROPOSED VACATION OF VACATION OF A ROADWAY EASEMENT (WEST MEDICINE ROADWAY EASEMENT LAKE DRIVE) DOCUMI'IT NO. 5516228. Item *8-D Motion carried on a roll call vote, five ayes. MOTION was made by C-)uncilmember Zitur, seconded gEsnLuON 91-94 by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON NO. 91-94 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF VACATION OF DRAINAGE AND UTILITY EASEMENT, LOT 11 EASEMENT BLOCK 2, BASS LAKE HILLS ADDITION. Item *8-D Motion carried on a roll call vote, five ayes. MOTION was made by CouncilmaL.ber Zitur, seconded RESOLUTION 91-95 by Councilmember Vasiliou, to adopt RESOLUTION REDUCING NO. 91-95 REDUCING DEVELOPMENT BOND, WESTWOOD DEVELOPMENT BOND, RIDGE 2ND ADDITION (85108). WEST:lOOD RIDGE 2ND ADDN. (85108) hotiun carried on a roll call vote, five ayes. Itdm *8-E MOTION was made by Councilmember Zitur, seconded RSOLU"'ZON 91-96 by Councilmember Vasiliou, to adopt RESOLUTION AMENDMENT TO HIRE NO. 91-96 ADOPTING AMENDMENT TO POLICY FOR CODS APPEALS PROCESSING APPEALS TO THE MINNESOTA UNIFORM FIRE PROCESSING CODE. Item *8-F Motion carried on a rill call vote, five ayes. Regular Council Meeting February 4, 1991 Page 48 MOTION was made by Councilmember Zitur, seconded by Councilmember Vaeiliou, to adopt ORDINANCE NO. 91-7 RELATING TO PUBLIC SAFETY, PERTAINING TO HANDICAP PARKING, ADDING A NEW SUBSECTION TO THE PLYMOUTH CITY CODE. Motica carried on a roll call vote, five ayes. Manager Willis stated that FRAC Chairman Freels has expressed his concern about the lack of sidewalk along Plymouth Blvd. The Park and Recreation Advisory Commission passed a motion reetommending that the Council consider the ina allation of sidewalk on Plymouth Boulevard between Highway 55 and County Road 9. KanRger Willie statftd that the architects could incorporate the necessary sidewalks on public grounds when they are completing the site planning for the new public safety building. In response to a question by Mayor Bergman, Ma_iager Willie stated sidewalk would be proposed al,ong both sides of Plymouth Blvd. Councilmember Vae l lion stated that with the opening cf CUB Foods and the further development of downtown Plymouth, it is the appropriate time to address sidewalk in this area. Coumcilmember Richer stated that installation of sidewalk in this area could sot a precedent for siml lar requests in other areas of the City. He st*ted that custa for construction and maxd%tenwice should be considered first. Also, the Spacial Assessment Committee should be asked to address the issue. Mayor Bergman stated the public safety issue also shouted be addressed in terms of priority locations. Councilmember Zitur noted that residents at a recent Town Meeting mentioned that although there is a trail system in placob, many people are walking and biking on the streets. He suggested that public safety staff, park staff, and PRAC be dirk -.;ted to dove] op a list based on public safety naads. The Council can then prioritize this liar. 7 ORDINANCE 91-7 ORDINANCE AMENDMENT RELATING TO HANDICAP PARKING Item •8-G Sidewalk along Plymouth Blvd. item 8-K 0 Regular Council Meeting February 4, 1991 Page 49 Councilmember Vasiliou supported further study on the issue. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to direct PkAC, Park and Recreation staff, Public Safety staff, and the Special Assessment Committee to address the issue of sidewalks in the City, with a report back to the City Council. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to adopt RES•)LUTION NO. 91-97 APPROVING TAXICAB LICENSE FOR AIR TAXI SERVICE ASSOCIATION. Motion carried on a roll call vote, five eyes. BZSOLUTTON 91-97 APPROVING TAXICAB LICHN3E FOR AIR TAXI SERVICE ASSOCIATION Itea: *8-I MOTION was made by Councilmeuibex Zitur, seconded RMLMQtI-2"- . by Councilmember Vasiliou, to adopt RESOLUTION APPROVING TAXI NO. 91-98 APPROVING TAXI DRI4'ER APPLICATION FOR DRIVER LICENSE GEORGE DANIEL SCOTT. Item *8-J Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Counciiveemb*r Vasiliou, to adopt RESOLUTION NO. 91-99 APPROVING TEMPORARY NONINTOXICATING LIQUOR LICENSE FOR ST. MARY OF THE LAIC"., CRURCH FOR FEBRUARY 231 1991. Motion carried on a roll call vcr_o, five ayes. Manager Willis stated that a schedule has been established for requesting propon4's fur three professional services. Reaueats [k Proposals for Auditor eorvi -ea will 1,e receiv-A hg June 1991, prior to tha next bend sale. Steff will piepare a request fclr proposal for divtriLalrion to Discal advisors. This pz -•ess .:ill ?ikel} oocur no later than Septembox I. Requests inr proposal will be prepared for legal eervicuo prior to the 19^2 budget revis-e 7 tccess. Councilme.nber Vasiliou asked i t •ncre than t+ -i2 firm co-.ld be chosen fox fiscal ;visor Pewits!. gUOL UTION 91-99 APPROVING TEMPCRAR] 3.2 LICENSE FOR ST. MARY OF THE LAKE Item *8-K Report on the City' q Professional Serviee.4 Item 9-A Regular Council Meeting February 4, 1991 Page 50 Councilmember Ricker stated that on ad sor per bond issue could be chosen. MOTION was wade by Cou-icilmember Ricker, seconded by Councilmember Vasiliou, to accept the report on the City's Professional services. Motion carried, five ayes. The Co%uicil received a report on establishment of various committees: Community safety committee, Water quality commission, and Drug awareness task force. Manager Willie recommended that the Council delay establishment of any further committees or task forces until the Council has dealt with the issue of budget adjustments necessitated by the predicted state, budget shortfall and reduced aide to the City. Mayor Bergman stated that prior to establishment of any of the committees, the Council ne9ds to discuss each member's perceptions of committee duties and responsibilities. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to table consideration of eatabliahment of new committees until the meeting following the City Managez's report on proposed budget cuts. Manager Willis stated that the Council could direct FRAC to recommend proposed cummisaion responsibilities relating to a water quality commimsion, and opecifically addross Eurasian Water Mil.foil. MOTION to amend was made by Mayor Bergman, seconded by Councilmember Zitur, to direct PRAC to respond a,' to what theiy peres:.ve to be the responsibilities of a cater quality commission. Motion to amend carried, five ayes. Main motion as once amended carried, five ayes. Zetablishment of New Committees Item 9-B MOTION was made by Councilmember Zitur, seconded 9E39dUTION 91-100 by Councilmember Vasiliou, to adopt RESOLUTION NEWSLETTER NO 91-100 NEWSLETTER PRINTING CONTRACT. PRINTING CONTRACT Item *9-C Notion carried on a roll call vote, five ayes. a 0 Regular Council Meeting February 4, 1991 Page 51 The Council discussed whether it wished to AMM Membership continue the City's membership in the Association Item 9-D of Metropolitan Municipalities. The dues for 1991 are $6,333. Councilmember Ricker stated the City should maintain as many lobbying tools as possible with the present state budget situation. MOTION was made by Councilmember Ricker, seconded by Councilmember Halliwell, to continue the City's AMM membership for 1991. Councilmember Zitur stated lie is inclined to also continue the membership for one more year. Councilmember Vasiliou read from a number of sources and concluded that direct lobbying by the City would be as effective, and perhaps more coat effective, than lobbying through organizations. Mayor Bergman stated he would like the Council and staff to do more individual lobbying at the legislature this year. He asked that staff stay abreast of important lobbying opportunities and advise the Council accordingly. Motion carried on a roll call vote: Helliwell, Ricker, Zitur ayes; Vasilio++ and Bergman nays. Manager Willie stated that possible dates were previously discussed for the Council team building meetings with Councilmembers. He asked if Councilmembers would be available on March 8 and 9 for this session. if not, he asked that the Council submit alternative dates. Cruncilmember Vasiliou stated that ahe has expressed to the City Manager and Assistant Manager that she will not be attending the sessio_j. Sne stated that she feels it is important to resolve the change in election yfoaripetition issue. She a:.so stated concern with an estimated cost of $Sr 000 to $8,000 for the session. Council Team Building Item 9-E Regular Council Meeting February 4, 1991 Page 52 Mayor Bergman stated that he had abstained on the last Council vote on this issue and had indicated that he would attend a team building session. He stated that now that the petition has been received from the League of Plymouth Voters, he will only participate in a team building session if the Council votes to hold an election and/or reeclnd the Ordinan.e changing the election year. Councilmember Helliwell questioned how many signatures were on the petition because the signers believed she supports a community center. She stated that the written instructions which the people obtaining bignatures received, included a statement that she supports a community center. Councilmember Helliwell stated she has never supported a community center. That statement, which presumably wss used to gain signers for the petition, was a lie. Councilmember Ricker stated that he believes an effort should be made toward team building on the Council regardless of the outcome of the election/petition issue. He stated that residents of the community are concerned about the image the Council is portraying by not getting along; the Council needs to try. Councilmember Zitur statAd that other City Councils are also experiencing strained relationships. He stated that he will participate in a team building session if all five Councilmembers will participate; otherwise, the Council should not proceed because the session will be of litt?e value to the City. Michael Undlin, 14523 13th Avenue North, stated that he was one o1: the individuals w1lo collected signatures for the petition. He stated that the issue of the community center occasionally was raised, but it hasn't discussed with every signer. Mr. Undlin stated that if the Council foes participate in a team building session. it should be ongoing. Otherwise, the Councilnembers will quickly fall back into old patterna following the session. 0 4 Regular Council Meeting February 4, 1991 Page 53 Councilmember Zitur noted that the history of the community center project dates back to an original task force in 1983 which he served on. He stated that in 1989, all five Councilmembers voted for the process for development of a community center. When bids were received, all five Councilmembers voted to reject the bids. He stated that the money previously earmarked for a community center has been allocated for other uses. Councilmember Zitur stated that misinformation has also been spread about his position on a community center. Councilmember Helliwell read a portioi of the Petition: "... "Note: it m3.ght be helpful at this point i:.o infozm the person you are talking with that it is the same three city council members Zitur, Ricker, and Helliwell) who are in favor of building a $12 million community center and who have now voted to extend their terms of office another year.)" She stated that this is clearly misinformation, and there is no way of knowing how many signers of the petition weretoldthisinformationandbelieveditwastrue. She again stated she has not ever been in favor of a community center and this information is damaging to her. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to direct the City Manager to schedule a City Council Team Building Session with Sumek and Associates only if all five Councilmembers participate. Motion carried, Helliwell, Ricker, Zitur ayes; vasi 1 lou and Bergman nay. Manager Willis reported on the bid opening for the khase II portion of the proposed Northwest Trunk Sanitary Sewer Project. The contract spec i £ications allow the City 50 days from the bid date before contract award must be made. This would give the City until March 18 to aware this bid. He st sted that Springsted, Inc., is finalizing their report on fiscal impact of development "' he suggested dates for a Council study session to Northwest Trunk Sanitary Sewer Phaae 2 Item 9-F Regular Council Meeting February 4, 1991 Page 54 discuss the report. Manager Willis proposed that the Council first review the report and then refer it to development interests for review. Councilmetober Vasiliou reported that she participated in a panel discussion for the Twin Neat Political Awareness session. She stated there was much discussion about statutory vs. home rule charter cities. The meeting war adjourned at 8:55 p.m. i f. z , rlcz City Clerk 0 C