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.
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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
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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
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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
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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.
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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.
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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.
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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