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HomeMy WebLinkAboutCity Council Minutes 03-04-1991MINUTES REGULAR COUNCIL MEETING J0.RCH 41 199-1 The regular meeting of the Plymouth city Council was called to order by Mayor Bergman at 1:00 00. in the Council Chambers of the City Center, Plymouth Blvd., on March 4, 1991. PRESENT: Mayor Bergmar, Councilmembers mwiiiwell. Ricker, VasillOu, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Coordinator Dillerud, 2ublie Works Director Moore, Finance Director Hahn, City Attorney Tbomson, City Clerk Rauenhorst Mayor Bergman proclaimed March 3-10 as volunteers of America Week. Mayor Bergman presented Certificates of Appreciation to iadividuals and organizations who voiunteered their time to the City in 1990. Mayor Bergman proclaimed Mr.rah 10--16 as Girl Scout week. Richard Rosen, Park and Recreation Advisory Commission, presented the 1^90 PRAC Annual Report. MOTION was made by Counuilmember Ricker, seeorded by Councilmemher Zit•:r, t:e accept the 1990 )?PAC Annual Relsorr . notion eazr{e I it Zoll call vete, five ayes. Proclamations Item 4 PRAC Annual Report Item 5-•A Regular Cour.cil Meeting March 4, 1991 Page 57 Sio) : :a : Councilmember Vasiliou requested that her vote be indicated as "nay" for Item *9 -EE. She also noted that on Item *9-P there is nothing in the staff report regarding signage for the revised park and beach closing hours. Mansgrr Willis responded that signs with the closing times will be ported. The Public :safety Department cannot enforce the closing hours unless the appropriate signs are posted. Manager Willis recommended that Item 9-U be added to the Consent Agenda. MOTION was made by Councilmemt,er Zitur, seconded by Couneilmember Ricker, to approve the Consent Agenda with Councilmember Vaailicula nay vote on Item *9 -EE and adding Item 9-U to the Consent Agent! a . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zi:ur, seconded by Councilmember Ricker, to approve the February 4, February 19, and February 25 Council minutes. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:15 p.m. to vacate a roadway, utility and drainage easement along West Medicine Lake Drive adjacent to Bass Lake Hills Addition. No one appeared and the hearing was closed at 7:15 p.m. Consent Agenda Item 6 Minutes Item *7 MOTION was made by Councilmember Helliwell, ON 91-101 seconded by Counciltnember. Zitur, to adopt VACATION CF A RESOLUTION NO. 91-101 AUTHORIZING THE VACATION OF PORTION OF A A PORTION OF A ROADWAY EASEMENT (WEST MEDICINE ROADWAY EASEMENT LUZ DRIVE) DOCUMENT NO. 5516228. DOCUMENT 5516220 Item 8-A Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, SQLUTION 91-1", seconded by Councilmember Zitur, to adopt VACATION OF RESOLUTION NO. 91-102 AUTHORIZING THE VACATION OF UTILITY AND CERTAIN UTILITY AND DRAINAGE EASEMENTS WITHIN LCT DRAINAGE EA9EMENTS 1, BLOCK 2, BASS LAKE HILLS ADDITION. Item 8-A Notion carried on a roll call vote, five ftysa. 0 0 Regular Council Meeting March 4, 1991 Page 58 Mayor Bergman opened a public hearing at 7:17 p.m. on the Plymouth Residentialandthe and Relocation Plan. No one appeared hearing was closed at 7:17 p.m. Courcilmember Vasiliou asked if Council adoption of this Plan would preclude residents from providing input on this issue in the future. Manager Willis stated that the Plan will ensure that residents' rights are preserved in the event of displacement and/or relocation. Community Development Coordinator Dillerud statedthatthePlanisrecommendedbytheHousingandRedevelopmentAuthorityandisrequiredforthe City's CDPG Program. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION N0. 91-103 ADOOTING RESIDENTIAL ANTIDISPLACEMENT/ RELOCATION ASSISTANCE PLAN. Motion carried on a roll call vote, five ayes. Manger Willis stated that the City Council received petitions from the League of Plymouth Voters (LPV) on February 5. The Council was asked to respond to t:ze LPV on February 251 however, due to lack of quorum no meeting was held. There also was not a quorum for a special mooting called on February 19. Manager Millis stated that theze appears to be several options for the Council to consider: 1) Repeal ordinance 90-41 which would eliminate the basis of the litigation initiated by the LPV/ 2) Await an opinion from the Attorney General'sofficetodeterminewhetherornottherequest of than LPA' with respect to scheduling xn election on t119 question is an appropriate option; 3) Adopt a new ordinance changing local elections from odd to evon years commencing after the 1991 November election; 4) Allow the courts to determine the appropriateness of the legal challenge brought to the Council by the LPV. Attorney Thomson stated that he contacted theAttorneyGeneral's office to determine the atat»s of the legal opinion requested. He was informftd that a decision has not been made on whether an opinion will be issued in light of the litigation or on what that opinion will be. 0 a n.TION 91-1Q3 RESIDENTIAL ANTIDISPLACEMENT RELOCATION ASSISTANCE PLAN item 9-B League o: Plymouth Voters Petition Item 9-A Regular Council Meeting March 4, 1991 Page 59 Councilmember Vasiliou stated that she had received a phone call from a resident, Don Maxwells who indicated that the City had changes from even to odd election years a number of years ago. That change did not include term extensions. She asked if this it fact occurred, and if so, why would the Council want to return to even year elections. She also asked the status of the Plymouth Charter Commission. Manager Willis stated that the charter commissio z was established in late 1968. Councilmember Z itur stated that he believed the change from 9ven to odd election years was made in 1968. Robert Mueller, 4612 Ro©ewood Lane, stated that he had participated in the LPV petition drive. He felt there was widespread awareness of the election issue and overwhelming support for the petition. Mr. Mueller noted that the State Senate is considering legislation which would require school district elections to be held in November of odd numbered years. He stated that the redistricting process in 1992 will be a source of confusion for the voters. Tray should not also have to consider local offices on the ballot. He stated it is his opinion that the Council does not have unilateral authority to change the election year. Patti Johnston, 13040 38th Avenue North, stated she is the plaintiff in the lawsuit against th9 City. She objected to the Council giving City employees a four percent salary increase while ignoring the desires of the residents who signed the LPV petition. She asked that the Council reacild Ordinance No. 90-41 and reinstate the November, 1991 election. Helen Rusten, 18420 D 8th Ave. N., stated that she realizes the Council has the autaority to extend terms of office to accomplish a change in the election year. However, she believes it is not morally right. Ms. Rusten stated that she was pleased that the League of Women voters is supporting study of the Plymouth form of government. She supports enlarging the Council and electing Councilmembere by ward. She requested that the Council rescind Ordinance No. 90-41 in order to save the expense of a lawsuit - 6 0 Regular Council Meeting March 4, 1991 Page 60 David Anderson, President of the League of Plymouth Voters, explained the history of the petition drive. He also stated that Councilmember Helliwell had submitted a complaint to the Hennepin County Attorney's office relative to the League of Plymouth Voter's failure to meet state campaign laws. Mr. Anderson stated that the Hennepin County Attorney dismissed the complaint, indicating that he had grave concerns with her conduct in bringing the complaint. Mr. Anderson stated that the anticipated savings of $22,400 for not holding the 1991 election equates to 630 per registered voter in the City. He stated that if the four percent salary increase budgeted for City employees had been reduced by one petcert, over $100,000 would have been saved. Also, the LPV offered to pay for the November 1991 election. Mr. Anderson stated that greater voter turnout for even-nurabered year elections is a myth. Odd - year elections bring out more informed voters. He noted that over 3,600 re?istered voters signed the petition. This is 51 percent of the number of persons who voted in the 1989 Novei.ber election. He stated that the right to vote is a fundamental right that is greatly protected. in considering the lawsuit, and considering the Council's action which took away the citizens' right to vote, the Court will use strict scrutiny. The City Will hav, to prove that the Council's actions ser -re a compelling government interest. Mr. Anderson stated that ;,he City will not be receiving an Attorney Generai's opinion. The LPV notified the Attorney General of the litigation against the City, and the Attorney General's office has indicated it will not issue an opinion. He asked Councilmembers Hellioiell, Ricker and 7itur if they would make a motion to rescind Ordinance No. 90-41. Couneilmember Ricker stated he would not make such a motion. Councilmember Zitur stated that since litigation has been filed, he will. not answer any questions regarding the issue, citing a directive by the City's attorney who will defend the case. 0 0 Regular Council Melting March 4, 1991 Page 61 Couacilmember Helliwell stated that she wanted to clarify information stated by Mr. Anderson. She stated she did not file a criminal complaint with the Hennepin County Attorney's office, and she didn't take the issue to the media. The Hennepin County Attorney found the League of Plymouth Voters to be a political action committee. She stated that the :.PV does not represent all of the citizens of Plymouth. Mr. Anderson requested that since the Councilmembers would not rescind Ordinance No. 90-41, that they accept the LPV petition and schedule un election on the question of whether the election year should be changed. Councilmember Vasiliou asked if the Councilmemhera have, in fact, been directed to not discuss the lawsuit. Alan, who is the attorney retained to repzesent the City? Who authorized defending of the lawsuit? Is the City responsible for the insurar:e policy deductible of $50,000? Manager Willis stated that it is the City's normal practice to defend against lawsuits that are served. If the Council desires alternative action, it should direct staff accordingly. If the lawsuit is defended, there will be coats incurred of up to a maximum of $50,000. The attorney selected to dsfend the City w,.s retained by the League of Minnesota Cities insurance Trust, but the City of Plymonth is the client. The lettor directing the Council and staff members to not discuss the issue was received from the selected attorney. Attorney Thomson concurred with the information provided by the Manager, and stated that any further questions relating to the lawsuit should be directed to the selected attorney. Councilmember Vasiliou stated that she believes it is absolutely wrong for the Council to expend taxpayers' dollars to defend the lawsuit. She stated that she cannot authorize spending up to 50,000, thR cost to defend the lawsuit, in order to save an estimated $22,400 with the elimination of the 1991 election. 0 0 Regular Council Meeting March 4, 1991 Page 62 MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to direct staff to not defend the lawsuit brought by the League of Plymoutt. Voters. Motion failed, Vasilior. and Bergman ayes; Helliwell, Ricker and Zitur nays. Councilmember Vasiliou requested that an Executive Session be scheduled to discuss the litigation and for the Council to meet with the attorney selected to defend the City. Councilmember Helliwell sated that she will be 11:00 P.M. Rule invoking the 11:00 p.m. rule later in the meeting and intends to invoke the rule at future Council meetings. She stated that excepticnally long Council meetings running until 1:00 or 2:00 a.m. are unfair to Councilmembers who have long work days, to Councilmember Z?.tur who ie recovering from surgery, and to residents who watch the Council meetings. MOTION was made by Councilmember Zitur, seconded Ricker, to adopt RESOLUTION NO. RESA*UTION 91-104 CONDITIONAL USE by Councilmember 91-104 APPROVING CONDITIONAL USE PERMIT FOR PERMIT FOR ISD 284 INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) 90111) 8 90111). Item Motion car -fed on a roll call voce, five ayes. MOTION was made by Colancilmember Zitur, seconded Bas -OL T ON 91-105 by Councilmembar Ricker, tc adopt RESOLUTION NO. CONDITIONAL USE 28491-105 APPROVING CONDITIONAL USE PERMIT FOR PERMIT FOR ISD INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) I90112) 90112). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded FHSOLUTSON 91 last by Councilmember Ricker, to adopt RESOLUTION NO. CONDITIONAL USE 91-106 APPROVING CONDITIONAL USE PERMIT FOR PERMIT FOR ISD 284 INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) (90113) It0l3) Motion carried on a roll call I ote, five ayes. MOTION was made by Councilmember Zitur, seccnded FF OT-UTi4N-9Ar1Q3 by Councilmember Ricker, to adopt RESOLUTION NO. LOT CONSOLIDATICN 9.1-107 APPROVING LOT CONSOLIDATION FOR TRAMMELL IN PLYMOUTH OFFICE CROW COMPANY IN PLYMOUTH OFFICE COMMERCIAL PARK c(MMER IAL PARK 91009). [ tem *9-E Motion carried on a roll call vote, five ayes. 0 40 Regular Council Meeting March 4, 1991 Page tri MOTION was made by Councilmember Zitur, seconded $KSOLUTION 91-108 by Councilmember Ricker, to adopt RESOLUTION NO. SETTING CONDITIONS 91-108 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OF AND RELATED TO LOT CONSOLIDATION FOR FILING (91009) TRAMMELL CROW COMPANY. Item *9-E Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-109 by Councilmember nicker, to adopt RESOLUTION NO. LOT DIVISION AND 91-109 APPROVING LOT DIVISION AND VARIMCE FnR VARIANCE FOR ROBERT GERSEACH FOR PROPERTY LOCATED AT THE EAST GERSBACH (90110) SIDE OF HARBOR LANE AND 7TH AVENUE NORTH (90110). Item *9-F Motion carried on a roll call vote, five ayes. MOTION was ma.io by Councilmember Zitur. seconded RESOLUTION 91-110 by Councilmember Ricker, to adopt RESOLUTION NO. SETTING CONDITIONS 91-110 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR ROBERT FILING (90110) GERSBACH FOR PROPERTY LOCATED AT THE EAST SIDE OF Item *9-F HARBOR LANE AND 7TH AVENUE NORTH (90110). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION -11--LU by Councilmember Ricker, to adopt RESOLUTION NO. CONDITIONAL USE 91-111 APPROVING CONDITIONAL USE PERMIT FOR PERMIT FOR CAMPION MARTIN AND ANDREA CAMPION AT 4315 REVERE LANE (91002) 91002). Item *9-G Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-112 by Councilmember Ricker, to adopt RESOLUTION NO. CONDITIONAL USE 91-112 APPROVING CONDITIONAL USE PERMIT FOR PERMIT FOR MIDWEST GREENLAND INVESTMENT COMPANY (MIDWEST BRICK) AT BRICK (91004) 5205 HWY. 169 (91004). Item *9-H Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION Nn. 91-113 APPROVING MINED PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AwMNub""".NT FOR RYAN CONSTRUCTION CObTANY VOR "WATERFORD PARK PLAZA" 90078) (MoU'v 66-1). Vince Drieeaen, Ryan Construction Company, was present to answer juestions. potion carried cn a roll call vote, five ayes. 0 RESOLUTION 91-111 CONDITIONAL USE PERMIT FOR WATERFORD PARK PLAZA - AMENDMENT TO MASTER SIGN PLAN Item 9-1 Regular Council Meeting March 4, 1991 Page 64 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-114 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CACO PROPERTIES COMPANY (90027). Mot ion carried on a roil call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-115 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WILLOW CREEK PARTNERS I AND II 90073) . Motion carried on a Loll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Covu cilmember Ricker, to adopt RESOLUTION NO. 91-116 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR BERKSHIRE LANE LIMITED PARTNERSHIP FOR NEW HORIZONS DAY CARE CENTER (90030). Motion carried on a roll call vote, five ayes. RESOIMIQN 91-114 REDUCTION OF SIZE PERFORMANCE GUARANTEE FOR CACO PROPERTIES (90027) Item *9-J-1 RESOLUTION 91-115 REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WILLOW CREEK PARTNERS (90073) Item *9-J-2 RESOLUTION -' no - 115 RELEASE OF SITE PERFORMANCE GUARANTEE FOR NEW HORIZONS DAY CARE CENTER (90030) Item *9-K-1 MOTION was made by Councilmember Ricker, seconded RESOLD ION 91-117 by Councilmember Helliwell, to adopt RESOLUTION PAYMENT NO. 4 AND NO. 91-117 REQUEST FOR PAYMENT NO. 4 AND FINAL, FINAL 9TH AVENUE/RANCHVIEW LANE STPEET AND UTILITIES, PROJECT Nr. 947 CITY PROJECT NO. 947. Item 9-L Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-116 by Councilmember Ricker, to adopt RESOLUTION NO. 1991 RECYCLING 91-116 APPROVING SUBMITTAL TO HENNEPIN COJNTY OF GRANT APPLICATION THE 1991 RECYCLING GRANT APPLICATION. Item *9-M Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded TjU=TjQH 91-119 by Councilmember Ricker, to adopt RESOLUTION NO. DISBURSEMENTS FOR PI -119 APPROVING DISBURSEMENTS FOR THE PERIOD PERIOD ENDING ENDING JANUARY 31, 1991. 1-31-91 Item *9-N Motion carried on a roll call vote, Live ayes. MOTION was made by Councilmember Zitur, seconded UaQ;ATj:QN 91-12.0 by Councilm•mb+r Ricker, to adopt RESOLUTION NO. 1991 PARKERS LAKE 91-120 APPROVING THE 1991 PARKERS LAKE PAVILION PAVILION RENTAL RENTAL POLICIES AtM FLEE SCHEDULES. POLICIES AND FEE SCHEDULES Motion carried on a roll call vote, five ayes. Item *9••0 C] Regular Council Meeting March 4, 1991 Fage 65 MOTION was made by Councilmember Zitur, seconded gnn TION 91-121 by Councilmember Ricker, to adopt RESOLUTION NO. PARK AND BEACH 91-121 APPROVING PARK AND BEACH CLC3ING TILS. CLOSSING9 TIMES Item Motion carried on a roll call vote, five ayes. Manager Willis stated the Council previously indicated its desire to hire a property acquisition specialist to assist with site acquisition for the proposed community library. The Council has now received an appraisal the site. This information is confidential data under Minnesota statutes 13.50 and should not be disclosed to anyone. He asked that the Council provide direction on whether or not to proceed to acquire the parcel. Mayor Bergman stated he would like to discuss the acT•isition in an Executive Session. Attorney Thomson responded that the only confidential information is the appraisal. Only the appraisal report could be discussed in an Executive Session. He stated that if the Council directty eminent oceedin s coulddomain ibesfor the discussed in property, proceedings an Executive session. Councilmember Ricker asked if the Council could rescind an action to direct emsnent domain if it was started. Attorney Thomson responded that the Council could abandon the eminent domain proceedinye ++t any time; however, the City may have exposure for some costa expended by the property owner if that were done. Mayor Bergman stated that the preliminary information from the property owner indicates that the amount desired for the property exceeds the maximum amount that the Council previously indicated it was willing to pay. He suggested that an alternative site be considered. Councilmember Helliwell stated she would like a representative of the Council to discuss the acquisition with the property own..r, Mr. Cavanaugh, .. before eminent domain procelings are authorized and before the City h+.res a land acquisition specialist. Community Library site Item 9-Q Regular Council Meeting March 4, 1991 Page 66 William Cavanaugh stated that 15 years ago, he furnished 10 acres of land worth $50,000 for a library. He stated that the land is still vacant, and he wants to be certain that if additional land is acquired, it be used for n library. He stated that the acquisition should be limited to not more than what is needed for the library and a planned expansion. Councilmember Vasiliou stated that the City Manager raises three important points in his memo which the Council should consider: 1) The land price is expected to require a greater contribution fzom Plymouth than has been made by any other municipality for a community library facility; 2) The Library Board conditions for acceptance of the site constitutes a "blank check" which the City cannot prudently entertain; and 3) There are alternative sites which meet the County Library Board criteria which should be investigated. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to direct staff to meat with a representative of the Library Board ana Mr. Cavanaugh to discuss the issues involved in site acquisition, including how much land is really needed and possible layouts for the site. Councilmembers may attend if they desire and the meeting should be held by March 18. Motion carried, five ayes. MOTION was made by Councilmember Eitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-122 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ORVILLE AND JOYCE MILLER FOR KINGSWAY ESTATES" LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 6 AND XANTHUS LANE (18630 COUNTY ROAD 6) (90081). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Eitur, seconded by Councilmember Ricker, to adopt RESOLUT70N NO. 91-123 SETTING CONDITIOtIS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT AND DEVELOPMENT CONTRACT FOR ORVILLE AND JOYCE MILLER FOR "KINGSWAY ESTATES" LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 6 AND XANTHUS LANE (18630 COUNTY ROAD 6) (90081) . Motion carried on a roll t -.ill vote, five ayes. RESOLUTION 91-122 FINAL PLAT FOR KINGSWAY ESTATES 90081) Item *9-R RESOLUTION 91-123 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90081) Item *9-R Regular Council Meeting March 4, 1991 Page 67 Community Development Coordinator Dillerud presented the staff report on the request of James and Corinne Guddal for rezoning from FRD to R-2, Preliminary Plat for three luta, and variances for lot width located on the west side of Vicksburg Lane south of 46th Avenue North 90087). The Planning Commission recommended approval of this proposal. Coordinator Dillerud Stated that the Council may wish to address two issues. The first relates to access to Vicksburg Lane. Mr. Guddal has objected to Condition No. li of the proposed resolution which states: "Access for Lots 1 and 3 from Vicksburg Lane is prohibited and shall be provided via easement from 45th Avenue North." The Planning Commission recommended that the condition be revised so that Guddal is allowed to retain his access until a building permit is issued for proposed Lots 2 or 3. The second issue relates to the removal of two accessory structures located on proposed Lot 2. Coordinator Dillerud stated that usual practice is to require the removal of these structures before the plat is reco&ded. Mr. Guddal has requested that the structures be allowed to remain. The Planning Commission has recommended Condition No. 12 which provides that the two accessory structures may remain until issuance of a building permit for Lot 2, but no later than December 31, 1992, whichever comes first. Jim Guddal, 4465 Vicksburg Lane, clarified a number of statements that he felt were inaccurate in the written staff report. He stated that the access from hia existing home should be not removed from Vicksburg Lane and relocated to the new street. He does not want a common easement access with two other residents and !.o concerned about insurance, maintenance, and repair issues. Councilmember Vasiliou noted that this is not a unique situation in the City. She cited specific examples where common acces9 does not present. a roblem. Guddal Requests for Rezoning, Preliminary Plat, and Variances 90087) Regular Council Meeting March 4, 1991 Page 68 Mr. Gudda_ objected to the loss of access to Vicksburg Lane because of the length of his driveway when reoriented, and because 28 other homes rlon3 Vicksburg have access. He stated that his documenas indicate he has access until A contiguous" access becomes available. He beli"ves that loss of the Vicksburg accese will devalue hia property and that tbs proposed new access does not qualify as "contiguous" Manager Willis explained that the difference is that Mr. Guddal is platting the property. The City has required that acceaa be abandoned on plate approved along Vicksburg Lane. In the futurA when trafiie: increases, it will become a public safety isr-je. Director Mnore added that Vicksburg Late is designated as a major roadway within the City and regional transportation system. Because of the major regional transportation needs that this road will serve, it is recommended that Vicksburg Lane become a County road between highway 55 and 610 in the future. Director Moore reminded the Council that when the adjacent Arne, Plat was considered, Kr. Guddal objected to it because he would not have access to his property from the new 85th Avenue North. At that time, the Council requited that Arne give Guddal the property necessary fnr access to 45th Avenue. Councilmember Helliwell stated that she would like the Guddals' to bs allowed to retsi.. their Vicksburg access. Mayor Bergman stated there are other alteratives avr4lable for the Guddal access to 45th Avenue North. For example, they could move the existing garage. If the Vicksburg access is nrt closed, there will be probleure in the future with volume and speed of traffic and possibly limited one-way access to a four -lane roadway. It is better to plan +ahead. Mr. Guddal objected to Condition No. 4 which requires payment of park fees in lieu of dedication. He does not object to payment for the two now lots, but feela it is not fair to require payment on the lot where his existing home, is loca ed. 0 Regular Council Meeting March 4, 1991 Page 69 Mr. Guddal also requested that the City relocate and construct a 30 inch storm sewer within his property. City staff has recommended that heprovidethenecessarypublicimprovementsat his expenaL. He stated that since he did not have input into the initial decision to extend the store: sewer, he shouldn't have to pay to have it relocated. As noted two problems with the storm sewer: 1) There is a 30' section that needs to be installed to connect the two storm sewer pipes, and 2) The existing storm swwer runs through, rather than down the edge of, his property. Councilmember Ricker stated he supports closing the Vicksburg access. He proposed, as a compromise, that the City irstall the 30 foot st:rm sewer pipe connection or. the Guddal property if the Vicksburg access is immediately closed. Directoz Moore estimated the cost for this 30 foot installation would be $2,000. Councilmember Ricker stated his suggestion is only for the 30 foot connection, and would not include moving the existing pipe. Mi. Guddal asked that the Council allow the accessory future sitestructures estated proposal could includethestructures and they could be of value in ssiling the property. Coordinator D+llerud stated that the garage could possibly be incorporated in a future site plans however, the smaller accessory structure would have to be removed because it would be in the front yard. Mr. Guddal agreed. Councilmember Ricker suggested that the Co,:ncil consider refunding the excess principal amount of any asseaament payments that may have been madebecauseoftheVicksburgLanefrontageandaccess to his property. Councilmember Helliwell stated that the park dedication fee should be waived for the Guddels' parcel, and only charged for the two new parcels. MOTION was made by Cou.cilmember Helliwell, seconded by urr to property owner utoiretainrthe tvicksburglow he Lane access. Moticn failed, Helliwell and 7itur ayes; Ricker, Vasiliou, and Bergman nays. 0 Regular Council Meeting March 4, 1991 Page 70 MOTION was made by Mayor Bergman, seconded bi RESOLUTION 91-124 Councilmember Ricker, to adopt RESOLUTION NO. 91- PREL. PLAT AND 124 APPROVING PRELIMINARY PLAT AND VARIANCES FOR VARAIANCES FOR JAMES AND CORINNE GUDDAL FOR PROPERTY LOCATED AT GUDDAL (90087) 4465 VICKSBURG LANE (90087). 9-S MOTION to amend the main motion was made by Councilmember Ricker, seconded by Mayor Bergman, to add the words "for two lote" to Condition No. 4 relating to payment of park dedication fees= to add a Condition No. 6 that "The City will pay for connecting the stor,a sewer on the property"; to add to Condition No. it that "The Vicksburg Lane access shall be ciosed when the first building permit application is submitted"; to add to Condition No. 12 "removal of the shed prior to the issuance of a building permit on Lot 2" and that "The garage should be removed at the time a building permit application is submitted if the garage does not comply with the Zoning requirements at that time"; and to direct staff to rescind the special assessment policy and to refund the principal amount of any excess special assessments paid over what would have been paid if the property had not had access to Vicksburg Lane. Motion to amend carried, five ayes. Main motion as once amended carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to adopt ORDINANCE NO. 91-8 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE WEST SIDE OF VICKSBURG LJ0E SOUTH OF 46TA AVENUE NORTH A.4 R-2 (LOW DENSITY MULTIPLE RESIDENCE! DISTRICT. Motion carried on a roli Call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to adopt RSSOLUTION NO. 91- 125 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR JAMES AND CORINNE GUDDAL FOR PROPERTY LOCATED AT THE WEST SIDE OF IICKSBURG LANE SOUTH OF 16TH AVIAN( E NORTH (9UDH7). Motion carried on a roll call vote, five ayes. QF INANCE 91-8 REZONING FOR GCDDAL (90081) Item 9-3 RESOLUTION 91-125_ SE5•TING CONDITIONS TO BE MET PRIOR TO PUBLICATION 90061) tem 9-S 0 0 Regular Council Meeting March 4, 1991 Page 71 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-126 APPROVING SITE PLAN; CONDITIONAL USE PERMIT AND VARIANCE FOR GREAT MIDWEST CONSTRUCTION COMPANY( (90104). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-127 APPROVING SITE PLAN AND AMENDED CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) (°1008). Motion carried on a roll call vote, five ayes. Manager Willis introduced Joy Tierney, 17915 20th Avenue North, representing the plymouth-WayzaHestatedthattheLeagueofWomenVoters (LWV). League has asked that the Council allow the LWV tc% co.aducf- a public forum on the various types of government authorized by state law. The LWV would like to use the City Center and cablecaat the event. Also, the group has asked that the City invite Stan Peakar of the League ofMinnesotaCitiestopresentinformation on the topic. The Councilmembers were provided with a handoutfromtheLWVindicatingthetypesofissuesto be covered in a public forum. Councilmembers Ricker and Vaeiliou expressed concern about the political nature of some of the items referenced in the handout, specifically, the change in election year issue. Councilmember Vaeiliou noted that Councilmembers were earlier directed by the City's defense attorney not to discuss the election issue. She questioned if it would to appropriate for the City to cosponsor a forum on a political issue. She had no objection to the forum if it was strictly informational and related to optional forma of local government. QyVLUtL 91-126 SITE PLAN, CUP, AND VARIANCE FOR GREAT MIDWEST CONSTRUCTION CO. 90104) Item *9-T Me. Tierney stated that tho LWV wante to study the issues of forms of government, the status of the previous charter commission, and whether the City should consider enlarging the Council and a ward system. MOTION was made by Councilmember Rictetheseconded by Councilmember Helliwell, to ty Manager to meet with League of Wooled agenda for ters representatives to develop a proposed Council raview at the March 18 meeting. vsacnr.rtTlO 91-122 SITE PLAN AND CONDITIONAL USE PERMIT FOR ISD 284 91008) Item *9-U League of WOmen Voters - Request for Forum on Types of Government 0 0 Regular Council Meeting March 4, 1991 Page 12 Motion carried, five ayes. Community Development Coordinator Dillerud presented a Zoning Ordinance Amendment relating to Planned Unit Developments. He stated the amendment includes language changes to further clarify the attributes of Planned Unit Developments and is recommended for approval by the Planning Commisdi.on. The topic of Planned Unit Developments is under continued study by the Planning Commission. Councilmember Helliwell stated that the issue of dwelling units being toc close together in recently approved planned unit developments is of particular concern to her for public safety reasons. MOTION was made by Councilmember Vasiliou, (RDI ANCE 91-9 seconded by Councilmember Zitur, to adopt AMENDING ZONING ORDINANCE NO. 91-9 AMENDING PORTIONS OF THE ORDINANCE RELATING ORDINANCE 80-9 ADOPTED JUNE 16, 1990? AS AMENDED, TO PLANNED UNIT AND KNOW AS THE PLYMOUTH ZONI14G ORDINANCE, DEVELOPMENTS RELATIVE TO SECTION 9, SUBDIVISION B, PARAGRAPH Item 9-V 1C. Motion carried on a roll call vote, five ayes. MOTION was made b7 Councilmem:.-or Zitur, seconded PFeOr. TON 91-1LC by Councilmember Ricker, to adopt RESOLUTION NO. PUBLIC SAFETY 91-128 PUBLIC SAFETY BUILDING PRO.13CT (PROJECT BUILDING PROJECT - 017) AUTHORIZATION TO ENTEF INTO ARCHITECTURAL ARCHITECTUrcAL SERVICES AGREEMENT WITH JOINT VENTURE FIRM OF SuRVICES AGREEMENT POLSON/TROSSEN/WRIGHT, Item 9-W Motion carried on a roll call vote, five ayes. MOT10N was made by Councilmember Zitur, seconded RESOL'J - 129 by Councilmember Ricker, to adopt RESOLUTION NO. TRANSFER OF FUNDS 91-12' PERMANENT IMPROVEM+'NT REVOLVING FUND - FOR PUBLIC SAFETY TPANSFaRS. BUILDING PROJECT Item 9-W Motion carried on a roll call vote, five ayes. The Council directed that staff Pjblicize the drawings of the Public Safety Building through a news release following the schematic design phase. 0 0 Regular Council Meeting March 4, 1991 Page 73 MOTION was made by Councilmember Vasiliou, seconded by Councilmen ber Zitur, to adopt RESOLUTION NO. 91-130 1991 HENNEPIN COUNTY YARDWASTE REBATE APPLICATION. Motion carried on a roll call vote, five ayes. RESOLUTION 91-130 1991 YARDWASTE REBATE PROGRAM Item *9-X MOTION was made by Councilmember Zitur, seconded RESOLUTIO 91-131 by Councilmember Ricker, to adopt RESOLUTION NO. PAYMENT NO. 5 AND 91 -131 REQUEST FOR PAYbIENT NO. 5 AND F INAL, FINAL, HARBOR LANE STORM SEWER AND STREET IMPROVEMEUTS, PROJECT NO. 912 CITY PROJECT NO. 912. Item 9-Y Motion carried on a roll call vcte, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-132 by Councilmember Ricker, to adopt RESOLUTION NO. DECLARING COSTS 91-132 DECLARING COST TO BE ASSESSED AND ORDERING AND ORDERING PREPARATION OF PROPOSLD ASSESSWSNT, SCHMIDT PREPARATION OF GARDENS TRUNK WATERMA.IN, CITY PROJECT NO. 034. ASSESSMENT, PROJECT NO. 034 Motion carried on a roll call vote, five ayes. Item *9-Z MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-133 by Councilmember Ricker, to adopt RESOLUTION NO. SETTING ASSESSMENT 91-133 FOR HEARING ON PROPOSED ASSESSMENT, CITY HEARING, PROJECT NO. 034, SCM41DT GARDENS TRJNK WATERMAIN. PROJECT NO. 034 Item *9-Z Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-134 by Councilmember Ricker, to adopt RESOLUTION NO. SETTING HEARING ON 91-134 OAnERING PUBLIC HEARING ON THE PROPOSED VACATION IN VACATION OF DRAINAGE AND UTILITY EASEMENTS, PLYMOUTH OFFICE BLOCKS 2 AND 3, PLY-40UTH OFFICE COMMERCIAL PARK. COMMERCIAL PARK Item *9 -AA -1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded $E,gQ=,UTI0,%j 91-135 by Cout%cilmember Ricker, to adopt RESOLUTION NO. SETTING HEARING ON 91-135 ORDERING PUBLIC HMARING ON THE PROPOSED VACATION OF VACATION OF A PORTION OF A ROADWAY EASEMENT ROADWAY EASEMENT VICKSBURG LANE). Item •9 -AA -2 Motion carried on a roil call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91-13-6 by Councilmember Ricker, to adopt RESOLUTION NO. REDUCING 91-136 REDUCING DEVBLOPMBNT BOND, PARKERS LAKE DEVELOPMENT BOND - CORPORATE CENTER 2ND ADDITION (88138). PARKERS LAKE CORPORAXE CENTER Motion carried on a roll call vote, five ayes. 2ND ADDN. (88138) Item *9 -BB -1 0 0 Regular Council Meeting March 4, 1991 Page 74 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-137 REDUCING DEVELOPMENT BOND, PARKERS LAKE CORPORATE CENTER 3RD ADDITION (e9069). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-138 REDUCING DEVELOPMENT BOND, STEEPLECHASE 2ND ADDITION (84047). Motion carried on a roll call vote, five ayes. MOTION was made by Councilntwnber Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-139 REDUCING DEVELOPMENT BOND, HOLIDAY WEST ADDITION (83025). Motion carried on a roll call vote, five ayes MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91-140 REDUCING DEVELOPMENT BOND, WILLOW BEND 02045) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt a resolution with a finding of no need for an environmental impact statement on Project No. 011, Northwest Blvd./Schmidt Lake Road Improvements. Councilmember Helliwell stated that she supporta the alignment A -D Northwest Boulevard, bvt does not support the Schmidt Lake Road portion of the project. Manager Willis stated that the environments! assessment worksheet was done in contemplation that both projects would be done. Director: Moore affirmed that the worksheet was done on the entire area, not in segments. MOTION was made by Councilmember Helliwell, seconded by Councilmember Ricker, to vote on each segment separately. Motion carried on a roll call vote, four ayeo; Bergman nay. e RESOLUTION 91-137 REDUCING DEVELOPMENT BOND - PARKERS LAKE CORPORATE CENTER 3RD ADDN. (89069) Item *9 -BB -2 RESOLUTION 91-138 REDUCING DEVELOPMENT BOND - STEEPLECHASE 2ND ADDN. (84047) Item 019 -BB -3 RESOLUTION 91-139 REDUCING DEVELOPMENT BOND - HOLIDAY WEST ADDN. 83025) Item *9 -BB -4 RESOLUTION 91-140 REDUCING DEVELOPMENT BOND - WILLOW BEND 82045) Item *9 -LB -5 Environmental Aasesement Worksheet Project No. 011 Item 9 -CC E: Regular Council Meeting March 4, 1991 Page 75 MOTION was made by Councilmember Ricker, seconded .RESOLUTION 91-141 by Councilmember Zitur, to adopt RESOLUTION NO. EAN - FINDING OF 91-141 DECLARING FINDING OF NO NEED FOR AN NO NEED NO. 011EIS ON ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE P.FVIEW OF THE ENVIP.ONMENTAL ASSESSMENT Item 9 -CC WORKSHEET (EAW) DATED JANUARY 14, 1991 FOR NORTHWEST BOULEVARL: BETWEEN 45TH AVENUE AND 54TH AVENUE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seccnded 88,94LUTION 91=A by Mayor Bergman, to adopt RESOLUTION NO. 91-142 RAW - FINDING OF DECLARING FINDIVG OF NO NEED FOR AN ENVIRONMENTAL NO NEED FOR EIS ON IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF PROJECT NO. 011 THE ENVIRONMENTAL ASSESSMENT WORKSHEET (MAW) Item 9 -CC DATED JANUARY 14, 1991 FOR SCHMIDT LAKE ROAD BETWEEN WEST MEDICINE LAKE DRIVE AND PINEVIEW DANE. Motion carried on a roll call vote, four ayes, Helliwell nay. MOTION was maae by Cuu-r.ilmember Zitur, seconded RESOLUTION 91-143. by Councilmember Rinker, t:o adopt RESOLUTION NO. ENGINEERING RATE 91-143 AMEAMINC ENGINEERIbG SERVICES AGREEMENT INCREASL FOR BONE3TRC0, ROSENE, ANDERLIK AND ASSOCIATES, INC. BONESTROO, ROSENE, ANDERLIK & ASSOC. Motion carried on a roll call vote, five ayes. Item *9 -DD -1 MOTION was made by Councilmember Zitur, seconded BgsokUTzON 91-144 by Councilmember Ricker, to adopt RESOLUTION NO. ENGINEERING RATE 91-144 AMENDING ENGINEERING SERVICES AGREEMENT INCREASE FOR STRGAR-ROSCO.;-FAUSCH, STRGAR-ROSCOE- FAUSCH, INC. Motion carried on a roll call xote, five ayes. Item *9 -DD -2 MOTION waA made by Councilmember Situr, seconded RESOLUTION 91-145 by Councilmember Ricker, to adopt RbSOLUTION NO. AMND14ENT TO BOND 91-145 AUTHORIZING THE AMENDMENT OF THE CITY OF FORM AND LOAN PLYMOUTH, MINNESOTA, MULTIFAMIL:I HOLSING AGREEMENT - TOX DEVELOPMENT ?kEVMNUE REFUNDING BUND (FOX FOREST FOREST APARn4ENT APARTMENTS P11,OJECT), SERIES 1985-F AND THE LOAN PROJECT AGREEMENT RELATED THERETO. It -r. *9 -EE Motion carried on a roll call vete, four ayes; Vasiliou nay. MOTION was made by Ccuncilmember Zitur, seconded $$gOLUTION 91-1451 by Counciimember Ricker, to adapt RESOLUTION NO. SUPPORTING COUNTY 91-146 SUPPORTING HENNEPI:7 COUNTY BOARr OF POSITION ON COMMISSIONERS' POSITION ON LIMI'SING FISCAL LIMITING FISCAL DISPARITIES CONTRIBUTIONS. DISPARITIES CONTRIBUTIONS Motion carried on a co.Ll call vote, five ayes. Item *9 -FF Regular Council Meeting March 4, 1991 Page 76 The Council reviewed the Status of Council Directives. Councilmember Vasiliou asked that Directive No. 91-20 be corrected to reflect a request date of 2-1-90. She asked when the Special Assessment Committee report on Private Streets «ould be provided. Manager Willis stated it is tentatively scheduled for the March 18 Council agenda. Councilmember Vasiliou requested that tha Sumek 6 Associates report be added to the directives list. Manager Willis stated the report was due in February but because of consultant scheduling conflicts, is anticipated this week. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to accept the Capital improvement and Project Status Report. Motion carried, five ayes. Manager Willis reportel that the contractor for the Schmidt Lake Road project has failed to make payments to the subcontractors in a timely ashion. The City retained approximately 4150,000 which was to be issued to a bonding company. Through an error, the amount was issued to the contractor, and the City Attorney has obtained a temporary restraining order to require the contractor to prevent the iunis from being dispersed. Community Development Coordinator Cillerud stated that the Councilmembers and area property owners haus visited the Len Busch Rosea, Inc., site to evaluate the effectiveness of the roof screening of vreenhouees numbers 15 and 16. The Council should discuss their findings and determine the adequacy of the screening. Councilmember Ricker stated that it was his understanding that the Council has already agreed that the efforts that have been made, although perhaps not totally satisfying to everyone, are sufficient at this time. The agreement between the City and Len Busch Roses, Inc., outlines the other efforts to be made. He stated that the Coiinca.l also requested a report on the glare issue and additional standards that could be develcped. Council Directives Status Item 10-A Project Statue Reports Item 10-B Len Busch Roses Lighting Report Item 10-C Regular Council Meeting March 4, 1991 Page 77 Manager Willis stated that the Council should determine whether they are satisfied with the screening that has been done on greenhouses 15 and 16. The agreement states that if that is satisfactory, the next four greenhouses should be screened by October 15, 1991. He stated the Community Development Department is working on the report relating to glare. Attorney Thomscn stated that the agreement indicates that following the Council's visit of the site, they should make a determination of whether the screening done thus far is effective and whether the owner should screen greenhouses No. 11, 12, 13, and 14 by October 15, 1991; and No. 7, 8, 9, and 10 by October 15, 1992, in accordance with the agreement schedule. Mayor Bergman noted that the greenhouses that abut Medina Road have end caps which emit a lot of light even when screened. He asked if this can be corrected. Lan Busch stated that it is difficult to screen gable ends, but the proposed berm should cover the light emitting from most of the gable ends. MOTION was made by Mayor Bergman, seconded by Councilmembe r Ricker, to direct Len Busch Rosea, Inc. to scree -n, in a fashion similar to greenhouses 15 and 16, greenhouses 11, 12, 13 and 14 by October 15, 1991 in accordance with condition No. 3 of the agreement. Motion carried on a roll call vote, five ayes. rinance Director Hahn presented the 1990 Unaudited Financial RepoLt. He stated that actual revenue fur the general fund was $823,521 lees than anticipated. General property taxes were lees than budget due to the loss of HACA aid and the large volume of property tax abatements. All general fund expenditure categories ended they year leas than budget, with the exception of legal. The General Fund balance as of December 31, 1990, shvws a shortfall of $647,816 which came from the General Fund surplus. J 1990 UnauW zed Financial Report Item 10-D Regular Council Meeting March 4, 1991 Page 78 Director Hahn reviewed the Recreation, Forestry, Water, sewer, and Central Equipment funds. He noted that the Serer Fund generated excess revenue largely due to the high water consumption by the commercial users during the summer. This excess will help offset the increase from the Metropolitan Waste Commission for the 1991 sewer treatment costa. The Water Fund expenditures were leas than estimated. He recommended that the additional funds be reserved for the Public Works Building project. MOTION was made by Councilmember Ricker, soconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-147 APPROVING THE RESERVATION OF FUNDS WITHIN THE WATER FUND FOR THE PUBLIC NORKS FACILITIES EXPANSION. xanLUTTON 91-147 RESERVING FUNDS FOR THE PUBLIC WORKS FACILITIES EXPAlIS I ON Item 10-D Motion carried on a roll call vote, five ayes. Manager Willis presented Courcilmembers with a 1991 Budget report on the 1951 Budget Contingency Cutback Cutbackc0- Elan Plan. Item Bonnie Kerachke, 3030 Larch Lane North, represented the Association of Medicine Lake Area Citizens (AMLAC). She thanked the Council for the City's assistance through cost-sharing forthetreatmentofEurasianWacerMilfoilin1990. She stated that the problem will continue to grow and encouraged the Council not to reduce the 1991 funds budgeted for this purpose. Councilmember Vasiliou stated she had received a phone call from Kathryn :laherty who was concerned with information provided by Park Director Blank. He had indicated that the fund: designated for treatment of Eurasian Water Milfoil were in danger of being cut. Councilmembei Vaeiliou stated that s%e would like the funds to remain in the budget and was concerned that a resident obtained this information before the Council received the report on the proposed cuts. Manager Willis stated that the amount budgeted for this expenditure is not reduced in his budget cut proposal before the Council. Director Blank may have meant that all expenditures are eligible for scrutiny and possible cuts. 7 Regular Council Meeting March 4, 1991 Page 79 Michael Undlin, 14523 13th Avenue North, stated concern with the change in election years as it relates to the budget. He recommended that the City obtain an estimate of the costs to defend the lawsuit brought by the League of Plymouth Voters. He asked the Council to consider whether they have done the right thing by changing the election year from a financial perspective. The coat to defend the lawsuit could exceed the estimated savings of $22,400. Councilmember Vasiliou stated that the Council should have an opportunity to meet with the defense attorney. She stated that unless this occurs, she does not feel she is bound by the Attorney's directive to not discuss the case. Councilmember Ricker stated that the $22,400 is the only the first yoar estimated savings. There are many other costa associated with an election. Councilmember Helliwell stated that the League of. Plymouth voters initiated this lawsuit and the associated costa; not the City. MOTION was made by Councilmember Helliwell, seconded by Councilmember Ricker, to refer the items remaining on the agenda to the March IS meeting. Motion carried, five ayes. Councilmember Helliwell invoked the 11:00 rule and the meeting was adjourned at 11:03 p.m. A r/ city C er 0