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