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HomeMy WebLinkAboutCity Council Minutes 06-17-1991MINUTES REGLLAR COUNCIL MEETING JUNE 17, 1991 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on Jane 17, 1991. PRESENT: Mayor Bergman; Councilmembers Helliwell, Ricker, Vasiliou, and Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, City Engineer Faulkner, City Attorney Thomson, and City Clerk Rauenhorst Items 7-G and 7-0 were removed from the Consent Agenda. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to approve the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. Consent Agenda Item 4 MOTION was made by Councilmember Ricker, seconded Minutes by Councilmember Caeiliou, to approve the minutes Item *5 of June 3, 1991. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a public hearing at 7:04 p.m. on the request for industrial development revenue bond financing for Northco Plymouth Investors Limited Partnership, (3eias Project). No one appeared. The hearing was closed at 7:04 p.m. 0 0 Regalar Council Meeting June 17, 1991 Page 222 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-325 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 469, 3ECTIONS 469.152-469.1CZ REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPHENT FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. Motion carried on a roll call vote, five ayes. Community Development Director Tremors recommended that the Council review and accept the Site Management Plan su5mitted by Unica, City Mission. The Plan was required by the Council as a condition of approval for the Cciditional Us* Permit Amendment that allowed the use of the Smith Lodge" building for a 19 bed transitional housing facility on the Union City Mission campus at the southwest quadrant of East Medicine lake Boulevard and °uth Avenue North. The Plan was submitted within the six month time frame designated by the Council, and copies of the plan were mailed to all residents whc askmd to be notified about this issue. Councilmember Vasiliou stated sae received a phone call from Pat Katzmarek, a resident concerned about this issue. She had reviewed the plan and is generally in agreement with it. Mrs. Katzmarek suggested that security, other than City of Plymouth police, be considered. Counctimember ""itur stated he would also support looking at security further, an well as some type of medical service. Bunny Robinson, Presidwnt of the Board of Directors for Union City Mission, stated they hale been 8ucce39ful in developing and implementing an action plan to alleviate neighborhood concerns. Pat Murphy, Executive Director of Union City Mission, stated that communication with the neighborhood has improved as a result of this process. She described the meetings held between Union City Mission and nwighborhood representatives to discuss and attempt to resolve issues of concern. RESOLUTION 91-325 APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR NORTHCG PLYMOUTH INVESTORS LMTD. PARTNERSHIP ZEISS PROPERTY) Item a -A Union City Mission Site Management Plan (90107) Item 7-A 0 0 Regular Council Meeting June 17, 1991 Page 223 Prior to these meetings, Union City Mission had not heard the concerns of the neighbors. Residents indicated that they had difficulty in reaching the appropriate persons at Union City Mission to express their concerns. A separate information line has been installed at Union City Mission to address this problem. The number is being distributed through the neighborhood meetings and will be provided to all residents who signed the petition outlining operational concerns. Ms. Murphy stated that a group of neighborhood representatives was established to meet with Union City Mission on a regular basis to continue to address issues of concern. In addition, certain client issues were addressed. A gap in transportation for certain clients was identified and improved, and a behavioral program was instituted for the nursing home clients. This program gives nursing home clients a framework for responsibility. Ms. Murphy stated that Union City Mission has reviewed the emergency call statistics for the period January tl rough May, 1991. The reason for a 25 percent reduction in calls from last year is unknown. She stated that many of the calls are medical in nature and relate to the nursing home and detox operations. it is the City's policy that the police respond to these types of calls. However, Union City Mission may be able to reduce the number of "disruptive client" type calla. Additional door monitors have been staffed for the nursing home and a reorganization provides more personnel in the evening hours. Me. Murphy concluded that at the June 6 meeting, residents were in general agreement that things have improved at Union City Misa ion relating to effects on the neighborhood. Union City Mission wants to continue these efforts through communication with area residents Councilmember Zitur complimented Union City Mission and the area residents on the progress they have made tiward resolution of the problemsnotedatpreviour, Planning Commission and City Council meotinga. He believes that the number of Regular Council Meeting June 17, 1991 Page 224 Union City clients :.n residents' yards has been reduced, and noted that the Hazelden fence has been removed. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-326 APPROVING SITE MANAGEMENT PLAN FOR UNION CITY MISSION (9010-1). Motion carried on a roil call vote, five ayes. Director Tremere stated that on June 3, the Council acted to reconsider the resolutions denying the applications of Martin Harstad for Land Use Guide Plan and RPUD concept Plan for Sugar Hills (90109). The applicant now proposes a Land Una Guide Plan reclassification from the existing LA -2 (Low Medium Density Residential) to LA -1 (Low Density Residential) covering 54 acres, and to reclassify approximately 6 acres from the existing CL (Limited Business) to LA -1 (Low Density Residential). The modification now proposed is to not reclassify the balance of the CL area (19 acres) at the northeast co-ner of State Highway 55 and Vicksburg Lane. The only difference in this modified proposal is the elimination of the reclassification from CL to LA -3 that had been included in the original application. The applicant also proposes to amend the RPUD Concept Plan and requests that the Council take action on that at this time. Director Tremere recommended that the new concept plan should be presented to the Planning Commission for recommendation as the concept for the development of the southeast corner of Highway 55 and Vicksburg Lane will change significantly if the reclassification of land does not take place as the previously reviewed Concept Plan assumed. Bob Kost, consultant with BRW, Inc., 700 S. 3rd Street, Minneapolis, stated that the ali;nment of 36th Avenue within the proposed development is an issue to consider. He requested that the Council reclassify the six acres from CL to LA -1 at the northuest corner of Vicksburg Lane and Highway 55. This would allow the developer to use larger RESOLUTION 91-_326 APPROVING SITS MANAGEMENT PLAN FOR UNION CITY MISSION (90107) Item 7-A Martin Haratad Sugar Hills" 90109) Item 7-B 9 0 Regular Council Meeting June 170, 1991 Page 225 single family lots, and a planned unit development concept would save trees. Under this reclassification, 36th Avenue would be moved to the south which would protect a wetland area. Mayor Bergman asked how the developer would ensure that trees would be saved. He also noted that the Council has not yet seen a proposal by or information from the developer using or demonstrating the inapprolriateness of the existing guiding. Mr. Koat stated that tree preservation requirements would be contained in the covenants which could be enforced by the homeowner association. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to deny the requests for Land Use Guide Plan Amendment and Concept Plan for "Sugar Hills". Mr. Kost stated that the developer would accept the existing LA -2 guiding on the residential portion of the development, if the 6 acres presently classified as CL was reclassified to LA -2, so the road did not create a split commercial site. SUBSTITUTE MOTION was made by Councilmember Ricker, seconded by Mayor Bergman to forward the requests of Martin Harstad for "Sugar Hilla" to the Planning Commission for recommendation. Bruce Malkerson, 3200 Piper Jaffray Tower, stated the developer would like Council to indicate whether or not it will consider a reclassification of the 6 acres as requested. He noted that if 36th Avenue were constructed straight east -west, it would result in a large tree lose. He stated that the developer's requested road alignment is reasonable, wou.d provide access to the parcel to the west, and would respect the topography and woodlands. The City's Guide Pian is a general plan. The Council should use the site-specific information to fine-tune" the guiding. Regular Council Meeting June 17, 1991 Page 226 He stated the developer understands that the Planning Commission needs to review the revised Concept Plan; however, he asked that the Council provide direction on whether they would consider a Concept Plan based on V's change in guiding as requested so the commercial ar-ia Ji not split by the road. Director Tremere stated tha" if the Council is supportive of the road alignment prepo•,al. they could provide direction to t!+e Planning Commission about that, and the affirmation to the Commission that the intent of the guide plan is for the road to separate the residential from the commercial area. It is thus feasible to review the Concept Ilan without any need for reclassifying land. The Council indicate3 that they were not adverse to considering a Concept Plan without reguiding, and directed that the affirmation of the intent of the Guide Plan be shared with the Planning Comnd asion. SUBSTITUTE MOTION carried on a roll call vote, five ayes. NOTION was made by Councilmember Ricker, seconded by '.ouncilmember Vaailiou, to adol.t RESOLUTION NO. 91-327 APPROVING AMENDED CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT 284 90111). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adapt RESOLUTION NO. 91-328 AUTHORIZING RELEASE OF SIT_T. PERFORMANCE GUARANTEE FOR HAMEL BUILDING CENTER 89026) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vaailiou, to adopt RESOLUTION NO. 91-329 AUTHORIZING REDUCTION OF SITZ: PERF0..MANCE GUARANTEE FOR HAMEL BUILDING CENTER 89026) . Motion carried on a roll call vote, five ayes RESOLUTION 91-327 APPROVING AMENDED CONDITIONAL USE PERMIT FOR I.S.D. 284 (90111) Item *7-C RESOLUTION 9--328 RELEASE OF SITE PERFORMANCE GUARANTEE FOR HAMEL BUILDING CENTER (89026) Item *7-D RESOLUTIQ 9I 1-329 REDUCTION OF SITE PERFORMANCE GUARANTEE FOR HAMEL BUILDING CENTER (69026) Item *7-E 6 0 Regular Council Meeting June 17, 1991 Page 227 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 91-18 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND RNOMJ AS THE PLYMOUTH ZONING OTDINANCE, PALATIVE TO THE BOARD OF ADJUSTMENTS AND APPEALS AND AMENDING SECTION 11 OF THE PLYMOUTH ZONING ORDINANCE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 91-19 PERTAINING TO APPOINTMENTS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS AND AMENDING SUBSECTION 305.07 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. ORDINANCE 91-18 AMENDING ZONING ORDINANCE RELATIVE TO BOARD OF ZONING ADJUSTMENTS AND APPEALS Item *7-F ORDINANCE 91722 AMENDING CITY CODE RELATING TO BOARD OF ZONING ADJUSTMENTS AND APPEALS Item *7-F Park Maintenance Supt. Peterson recommended that Trail Segment east the Council authorize the construction, of 500 of Zachary Lane feet of trail between Zachary Lane and the paved and south of Soo portion of the Soo Line trail which was Line tracks constructed as part of the Wild Wings Addition. Item 7-G Mark Larson, 5250 Yorktown Lane, stated that a portion of the proposed trail would abut his property. He believes the trail will disrupt the wetland and cause lose of trees. He questioned whether the trail connection is needed since the Schmidt Lake Road extension will include a trail only 1/4 mile away. He feels the estimated 14,000 construction cost could be better spent and expressed concern about litter and trespassing on his property due to the trail. Mayor Bergman asked Mr. Larson whether he was aware of the proposed trail when he purchased his home two years ago. Mr. Larson stated he thought he had been informed of the proposed trail, but was not sure. David Briggs, 5260 Yorktown Lane, also objected to the trail construction. He stated the City should not spend $14,000 on a trail that will only serve 7-8 homes, and he was not informed of the proposed trail when he purchased his home. Regular Council Meeting June 17, 1991 Page 228 Superintendent Peterson described the proposed trail as 3 1/2 to 4 feet wide of wood chips through the tree stand. Most of the trees that would be removed are dead. The trail Mould be accessible trom Zachary Lane to the east so that residents in the area can use it; not only those abutting the trail. Mr. Briggs stated he has not seen the location of the proposed trail and asked the purpose of having two trails in close proximity. Manager Willis stated the trails are part of the City's overall trail system and will serve different functions. The trail along Schmidt Lake Road will be a 5' wide concrete trail for pedestrians and bikers. The trail abutting Mr. Briggs' property will be constructed of wood chips and a floating boardwalk, and will likely be used by residents in and around the area. In response to a question by Councilmember Zitur, Engineer Faulkner stated that the widening of Zachary Lane is scheduled for 1993 construction in the Capital Improvement Program. This project may also affect the number of pedestrians using the trails in the area. Councilmemher Vasiliou asked whether this project could be delayed and the funds used for a trail with higher priority in terms of Safety. Councilmember Ricker atsted that $10,000 is proposed to be funded from park dedication and the remaining $40000 from Twin City Tree Trust summer projects. This construction should be done now to take advantage of the $4,000 grant. Councilmember Zitur asked if there is a litter problem on the City's trails. Superintendent Peterson stated "no", particularly since there are a large number of volunteers assisting with the cleanup program. Councilmember Hellinell stated the trail behind her home is used by many people, not only by those living in her subdivision. There is not a litter problem along the trail. 0 0 Regular Council Meeting June 17, 1991 Page 229 MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt RESOLUTION N0. 91-330 APPROVING FLOATING BOARDWALK TRAIL CONSTRUCTION. Motion carried on a roll call vote, five ayes. RESOLUTION 91-330 APPROVING FLOATING BOARDWALK TRAIL CONSTRUCTION Item 7-G MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-331 by Councilmember Vasiliou, to adopt RESOLUTION APPROVING FINAL NO. 91-331 APPZOVING FINAL PLAT AND DEVELOPMENT PLAT FOR BOULDER CONTRACT FOR BUILDERS DEVELOPMENT INC./JAMES CREST (90095) DEVELOPMENT COMPANY FOR "BOULDER CREST" (90095). Item *7-H Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilrmember Vasiliou, to adopt RESOLUTION NO. 91-332 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FGR BUILDERS DEVELOPMI M INC./JAMES DEVELOPMENP COMPANY for BOULDER CREST" (90095). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLPTION NO. 91-333 ADOPTING ASSESSMENTS, PROJECT NO. 120, 3ANITARY SEWER AND WATERMAIN AREA - BOULDER CREST ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vaailiour to adopt RESOLUTION NO. 91-334 REDUCING DEVELOPMENT BOND, FOX RUN 3RD ADDITION (95077). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-335 AWARDING SID, PRIME DEVELOPMENT CORRECTIONS - SANITARY SEWER REBUILD, CITY PROJECT NO. 111. Motion carried on a roll call vote, five ayes. RESOLUTION 91-332 SETTING CONDITIONS TO BE MET PRIOR TO FILING (90095) Item *7-H RESOLUTION 91-333 ADOPTING ASSESSMENTS, BOULDER CREST ADDITION PROJECT NO. 120 Item *7-F. RESOLUTION 91-334 REDUCING DEVELOPMENT DOND, FOX RUN 3RD ADDN. 85077) Item *7-I RESOLUTION 91-335 AWARDING BID, PRIME DEVELOPMENT CORRECTIONS - PROJECT NO. ill Item *7-J Regular Council Meeting June 17, 1991 Page 230 MOTION was made by Councilmember Dicker, seconded by Councilmember Vaailiou, to adopt RESOLUTION NO. 91-336 AWARDING BID, PRIME DEVELOPMENT CORRECTIONS, 6TH AVENUE NORTH PAVING, CITY PROJECT NO. 111. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-337 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF 50 1/2 PLACE NORTH, SUNRISE HILL ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-338 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REFORT, STREET LIGHTING - CHELSEA WOODS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-339 RECEIVING REPORT AND ORDERING PROJECT - STDEET LIGHTING CHELSEA WOODS ADDITION. Motion carried on a roll call vote, five ayes. RESOLUTION 91-336 AWARDING BID, PRIME DEVELOPMENT CORRECTIONS - PROJECT NO. 111 Item *7-J RESOLUTION.91-337 ORDERING PUBLIC HEARING ON VACATION OF 50 1/2 PLACE NORTH Item *7-K RESOLUTION 91-338 ACCEPTING PETITION AND ORDERING REPORT - STREET LIGHTING CHELSEA WOODS ADDN. Item *7-L RESOLUTION 91-339 RECEIVIVG REPORT AND ORDERING PROJECT - STREET LIGHTING CHELSEA WOODS ADDN. Item *7-L MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-340 by Councilmember Vaailiou, to adopt RESOLUTION APPROVING CHANGE NO. 91-340 APPROVING CHANGE ORDER NO. 1, ORDER NO. 11 NORTHCENTRAL TRUNK SANITARY SEWER, CITY PROJECT PROJECT NO. 015 NO. 015. Item *7-M-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-341 by Councilmember Vasiliou, to adopt RESOLUTION AcPROVING CHANGE NO. 91-341 APPROVING CHANGE ORDER NO. 21 ORDER NO. 2, NORTHWEST TRUNK SANITARY SEWER - PHASE I, CITY PROJECT NO. 014 PROJECT NO. 014. Item *7-M-2 Motion carried on a roll call voLc, five ayes. 0 0 Regular Council Meeting June 17, 1991 Page 231 MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-342 by Councilmember Vasiliou, to adopt RESOLUTION SETTING HEARING ON NO. 91-342 CALLING FOR HEARING ON IMPROVEMENTS, PROJECT NO. 945 15TH AVENUE - NORTH OF SOUTH SHORE DRIVE, CITY Item *7-N PROJECT NO. 945. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou expressed concern about motorists "cutting through" Chelsea Woods during County Road 6 construction. She asked whether the access at 18th Avenue North and Vicksburg Lane could be closed during construction. Manager Hillis stated this could be accomplished and the other two entrances would be signed appropriately. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91-343 REVISING CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 6, FERNBROOK LANE TO COUNTY ROAD 1011 COUNTY PROJECT NO. 8642, CITY PROJECT NO. 829, with the addition of closing the intersection of Vicksburg Lane and 18th Avenue North during construction. Motion carried on a roll call vote, five ayes. gRSOLUTION 91-343 REVISING CONSTRUCTION AGREEMENT - COUNTY ROAD 6, FERNBROOK LANE TO C.R. 101 Item 7-0 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-344 seconded by Councilmember Zitur, to adopt INSTALLATION OF RESOLUTION NO. 91-344 INSTALLATION OF STOP SIGNS. STOP SIGNS Item *7-P Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-345 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 31, 1991. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-346 APPROVING RENEWAL OF ON -SALE NONINTOXICATING LIQUOR LICENSES. Motion carried on a roll call vote, five ayes SOLUTION 91-345 APPROVING DISBURSEMENTS FOI. PERIOD ENDING 5-31-91 Item *7-Q RESOLUTION 91-346 APPROVING RENEWAL OF ON -SALE NONINTOXICATING LIQUOR LICENSES Item *7-R-1 Regular Council Meeting June 17, 1991 Page 232 MOTION was made by Councilmember Ricker, seconded by Council-npmber Vaailiou, to adopt RESOLUTION NO. 91-347 APPROVING RENEWAL OF OFF -SALE NONINTOXICATING LIQUOR LICENSES. Motion carried on a roll call vote, five ayes. MOTION was made by Counc.ilmsmher Ricker, seconded by Councilmember Vaailiou, to adores* REO..LUTION NO. 91-348 APPROVING CONSUMPTION AND DISPLAY LICENSES. Motion carried on a roll call vote, five ayes. RESOLUTION 91-347 APPROVING RENEWAL OF OFF -SALE NONINTOXICATING LIQUOR LICENSES Item *7-R-2 REa_O uTioN 91_348 APPROVING CONSUMPTION AND DISPLAY LICENSES Item *7-R-3 MOTION was made by Councilmember nicker, seconded RESOLUTION 91-349 by Councilmember Vaailiou, to adopt RESOLUTIONOPTINOURCE LTD NO. 91-349 ADOPTING A SOLID WASTE SOURCE WASTE REDUCTION PLAN FOR THE C'TY OF PLYMOUTH. REDDUUCTI S PLAN Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, secondrid RESOLUTION 91-5u by Councilmember Vaailiou, to adopt RESOLUTION ADOPTING POLICY NO. 41-350 ADOPT HENNEPIN COUNTY MODEL POLICY PROMOTING USE OF PROMOTING THE USE OF MATERIALS WITH RECYCLED MATERIALS WITH CONTENT IN PUBLICLY FUNDED CONSTRUCTION A:4D RECYCLED CONSTRCONTENT REMODELING PROJECTS. IN PROJECTS Motion carried on a roll call vote, five ayes. Item *7-S-2 Manager Willis presented a draft resolution Establishing authorizing a speciLl election for September 3, Special Election 1991, and establishing the ballot question on the for Sept. 3, 1991 change in local election years from odd to even. and Ballot Item 8-A Mayor Bergman asked the City Attorney to comment on the language proposed for the ballot question. Attorney Thomson stated the following question is recommended in the resolution: "Shall Ordinance No. 90-41, "An Ordinance Relating to Elections, Repealing Ordinance No. 74-1, and Scheduling the Munioipal Election for Even -Numbered Years," be Effective?" He researched the wording of charter amendment questions as the basis for his recommendation, and stated this question would contain the title of the original Resolution 90- 41. 0 0 Regular Council Meeting June 17, 1991 Page 233 Mayor Bergman suggested tae ballot question should include the words "thin would be accomplished by extending for one year the Mayor and all Council terms." He stated this would provide "full disclosure". Councilmember vasiliou agreed that this should be added to the ballot question. Councilmember Rirver stated the real issue is the change in election years, not extension of terms. The question could also contain the reasons for the change in election years: To save money over a Feriod of years and better voter turnout. Councilmember Helliwell stated that the question needs to be neutral. Jennifer Martin, 10320 28th Avenue North, stated that the question is "incomprehensible". Some people may not read the entire ordinance and the question will be meaningless. Councilmember Ricker stated it is his intent that following adoption of the resolution, the Council would develop a plan to inform people of the issue. He has no problem with informing citizens that the change from odd to even years would be accomplished through term extension, but this should not "clutter" the ballot question. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-351 ESTABLISHING SPECIAL ELECTION DATE AND BALLOT QUESTION. Councilmember Eitur asked staff to clarify when candidate filings open. Clerk Rauenhorst stated that filings will open August 27 and close September 10. The result of the September 3 election will determine whether a November election is held. Attorney Thomson stated the ballot language should be made as simple as possible. The ballot should be clear, concise, and describe what is being done. The notice of election shouted contain the entire ordinance text. RESOLUTION 91-351 ESTABLISHING SPECIAL ELECTION DATE AND BALLOT QUESTION Item 8-A Regular Council Meeting June 17, 1991 Page 234 Motion carried on a roll call vote, Helliwell, Ricker, and Zitur ayes; Vasiliou and Bergman nays. MOTION was made by Councilmember Vaailiou, seconded by Mayor Bergman, to accept the report on pending and completed Council directives. Motion carried, five ayes. Mayor Bergman noted that a number of other cities have recently increased their pawn broker licensing fee and asked that the Public Safety Department provide a report on the adequacy of Plymouth's fee in terms of investigation and actual administrative costs. The Council discussed the topica proposed for upcoming Council study sessiona and provided direction to staff. Councilmember Ricker stated that his motion at a previous meeting had been interpreted incorrectly. He had intended that the Financial Task Force report would be considered during budget sessions. Cnuncilmember Vasiliou suggested that Council Is and objectives, and budget priorities could a.Len be delayed until budget discussions. The Council concurred. Manager Willis stated that he was looking for the Council's general priorities in developing the 1992 budget. Councilmember Ricker stated that with the effects on the City from the state budget situation and recent legislation, he believes the City's budget will be effectively frozen at the approved 1991 level for 1992. He also stated that the Springsted fiscal impact study on the effects of new development should be updated in light of new state laws. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to delete discussion of the Council's goals and objectives in a study session. Council Directives Item 8-B Pawn Broker License Council Study Session Topics Item 8-C 0 0 Regular Council Meeting June 17, 1991 Page 235 Motion carried, five ayes. MOTION was node by Councilmember Ricker, seconded by Councilmember Zitur, to delay discussions on the report of the Financial Task Force until budget discussions. Motion carried, four ayes; Vasiliou nay. Councilmember Helliwell suggested that one study session could be eliminated if the remaining items were moved to other meeting dates. After further discussion, the Cous cil decided to cancel the July 15 study session. Remaining study session dates: June 24, July 8, and July 29. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to accept the report scheduling topics for Council study sessions with the changes noted above. Motion carried, five ayes. The Council discussed the previous appointment to the Northwest Hennepin Human Services Council NWHHSC) Executive Committee. Manager Willis stated that the NWHHSC Director has indicated that the Council's appointment of Christina Stombesg is unacceptable because the appointment must be a member of the Council or City staff. Also, Me. Stomberg is a volunteer employee at NWHHSC. Councilmember Zitur stated that when he served on the NWHHSC Executive Committee there was at least one appointee from another City that was not a Council or staff member. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to endorse the previous appointment of Christina Stomberg to the NWHHSC Executive Committee. Staff was directed to notify NWHHSC of this action and indicate that no other appointment will be made for this term expiring 12-31-91. Motion carried, five ayes. Northwest Hennepin Human Services Council Executive Committee Appointment Item 8-D 0 0 Regular Council Meeting June 17, 1991 Page 236 The Council discussed a proposed charge and composition for a Frivate Street Task Force. Councilmember Ricker stated he has no problem moving ahead with thin Committee; however, several question& first need to be considered. 1) Does a property owner living on a private street have a legitimate claim to compensation from the City? 2) If so, what will be the rource of funds? and 3) What is the legal authority for the City to Fay those monies to the property owner? Manager Willis stated that enabling state legislation would likely be required in order for the City to have authority to make that type of payment. A policy should first be developed to incorporate with the legislative proposal. Councilmember Ricker stated the Tack Force can address these issues, but the question of "Is there a legitimate claim to monies? should be early in the Task Force charge. MOTION was made by Councilmember Zit:r, seconded by Councilmember Ricker, to invite the following residents to be members of the Private Street Task Force: Deb Frenzel, Bernadette J. Klein, Earl Peterson, Beverly Romfo, William Pritchard, Jennifer L. Martin, Thomas Fischer, and Scott H. Dake. Four of these individuals applied for the Task Force and four were selected from among the 1991 Board and Commission applicants. MOTION to amend the main motion was made by Councilmember Ricker, seconded by Councilmember Helliwell, to approve the Task Force chazge by adding in thu objectives statement: "To determine if any property owner living on a private street has a right to compensation." Motion to amend carried, five ayes. MOTION to amend the main motion was made by Councilmember Helliwell, seconded by Councilmember Ricker, that if any of the eight individuals c-nnot serve on the Task Force, staff be authorized to select a replacement; however, Private Street Task Force Item 8-S 0 0 Regular Council Meeting June 17, 1991 Page 237 four of the individuals should live on private streets and four should not. Motion to amend carried, five ayes. MAIN MOTION as twice amended carried, five ayes. Manager Willis stated that Mayor Bergman has Water Sprinkling suggested that the water sprinkling restrictions Restrictions for the City be relaxed. He stated that the Item 8-F staff concern is how to fairly enforce the restrictions and inform citizens. Mayor Bergman stated that the City of Minnetonka recently relaxed their ordinance to allow outdoor handheld watering outside of the restrictions. Furthet discussion was held on the types of outdoor uses currently allowed. Councilmember Ricker stated that when the restrictions were first adopted, residents were generally not in favor of exceptions to the policy. He stated there do not appear to be any significant problems with the ordinance, and with the recent abundance of rain enforcement officials could relax enforcement. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to retain the existing odd/even policy on water sprinkling restrictions, and to remind the Community Service Officers and other erf,%rcement officials to use d'.scretion in enforcement. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to accept the Capital Improvement and Project Status Reports. Motion carried, five ayes. Councilmember Vasiliou reported on the Pluming Commission meeting she attended last week to welcome the four newly appointed commissioners. Manager Willis announced upcoming Metropolitan Council Regional breakfast meetings, and the employee picnic on July 17. Project Status Reports Item 8-G CCR Reports Item 8-H City Council Information Mem, Item 8-I 0 0 Regular Council Meeting June 17, 1991 Page 238 He stated that, as previously directed by the Council, the school boards from Districts 270 and 279 have been contacted regarding a joint meeting date with the City Council. The Council directed that these meetings be postponed until September or October. Councilmember Zitur stated Eurasian Nater Milfoil has been detected its the Plymouth lakes. Citizens are concerned about the effect of this infestation as it may relate to their property valuations. He encouraged the Council and staff to work with the appropriate homeowner associations on milfoil eradication. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct staff to schedule an Erecutive session on June 29, prior to the study session, with the City Attorney and attorney representing the City in the League of Plymouth Voters suit to review the findings of the court. Motion carried, five ayes. Manager Willie announced that the City will r.Nceive $96,553 this week as the City's share from a drug confiscation case. This money can be used for purposes of drug education and other public safety purposes. Councilmember Ricker stated that since the City is having problems with the lakes, perhaps it is time to discuss a City swimming pool. Councilmember Helliwell stated that the Paz. and Recreation Advisory Commission (FRAC) was previously asked to review this issue. Manager Willi:+ stated that PRAC wanted to discuss this isaue with the Council, and they had suggested that some type of community survey be conducted to determine the potential use of ouch a facility. He suggested that this be discussed as part of the Capital Improvements Program. The Council concurred. The meeting was adjourned at 9:32 ppm. 4 city MIR Eurasian Nater Milfoil League of Plymouth Voters Suit