HomeMy WebLinkAboutCity Council Minutes 09-14-1992MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 14, 1992
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 September 14, 1992.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou
Councilmember Vasiliou left the meeting following Item 7-D).
STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community
Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn, and
Attorney Barnard
ITEM 4 APPROVE AGENDA
Acting Manager Boyles recommended that Items 7-A and 7-E be deleted from the agenda.
Mayor Bergman suggested that Items 74, 7-K, and 7-L be moved up on the agenda to
follow Item 7-B, in order to accommodate petitioners in attendance.
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to approve
the agenda with the amendments noted.
Motion carried on a roll call vote, Edson, Vasiliou and Bergman ayes; Helliwell and
Tierney nays.
Councilmembers Tierney and Helliwell stated they preferred the original order of items on
the agenda.
ITEKS CO:VSENTAGENDA
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt the Consent Agenda as presented.
Motion carried on a roll call vote, five ayes.
ITEM S-A APPROVAL OF MINUTES
MOTION was made by Councilmember'Tiemey, seconded by Councilmember Vasiliou, to
approve the August 31, 1992, City Council minutes
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Regular Council Meeting
September 14, 1992
Page 319
Motion carried on a roll call vote, five ayes
ITEM 5-V CHANGE ORDERS FOR CITY CENTER EXPANSION PUBLIC SAFETY
BUILDING, PROJECT 017
MOTION was made by Councilmember Tierney, seconded by Counc'dmember Vasiliou, to
adopt RESOLUTION 92-524 APPROVING CHANGE ORDER NO.2 AND NO. 39
CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECT
NO. 017.
Motion carried on a roll call vote, five ayes.
ITEM 5-C ANTHONY LOUIS CENTER. CUP FOR ADOLESCENT OUTPATIENT
TREATMENT PROGRAM AT ST. MARY OF THE LAKE CHURCH, (920651
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-525 APPROVING CONDITIONAL USE PERMIT FOR
AN rHONY LOUIS CENTER/ON-BELAY OF MINNESOTA, INC. LOCATED
AT 105 FORESTVIEW LANE (92065).
Motion carried on a roll call vote, five ayes.
ITEM 5-D CITY OF PLYMOUTH. LOT DIVISION AT THE SOUTHEAST CORNER
OF 47TH AVENUE AND NORTHWEST BLVD, (920621
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-526 APPROVING LOT DIVISION/CONSOLIDATION
FOR THE CITY OF PLYMOUTH (92062).
Motion carried on a roll call vote, five aNcs
ITEM 5-E HANS HAGEN HOMES INC. FINAL PLAT FOR SEVEN PONDS FIFTH
ADDITION (9 0801
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-527 APPROVING FINAL PI.AT FOR HANS HAGEN
HOMES, INC. FOR "SEVEN PONDS FIFTH ADDITION" LOCATED %T THE
SOUTHWEST CORNER OF MEDINA ROAD AND COUNTY ROAD 24 (92080)
NPUD 91-1).
Regular Council Meeting
September 14, 1992
Page 320
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, secondee by Councilmember Vasiliou, to
adopt RESOLUTION 92-528 SETTING CONDITIONS TO BE MET PRIOR TO
FILING OF AND RELATED TO FINAL PLAT FOR HANS )HAGEN HOMES,
INC. FOR "SEVEN PONDS FIFTH ADDITION" LOCATED AT THE
SOUTHWEST CORNER OF MEDINA ROAD AND COUNTY ROAD 24 (92080)
MPUD 91-1).
Motion carried on a roll call vote, five ayes.
ITEM 5-F CHANGE ORDER NO 5 PUBLIC WORKS BLDG. EXPANSION,
PROJECT 009
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-529 APPROVING CHANGE ORDER NO. 5, PUBLIC
WORKS BUILDING EXPANSION, CITY PROJECT NO. 009.
Motion carried on a roll call vote, five ayes.
ITEM 5-G PETITION FOR TEMPORARY CLOSURE OF 54TH AVENUE AT
NORTHWEST BLVD.
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-530 TEMPORARY CLOSURE OF 54TH AVENUE AT
NORTHWEST BOULEVARD.
Motion carried on a roll call vote, five ayes.
ITEM 5-H WETLANDS ACT MITIGATION PLAN FOR HARSTADIFORBRAGO
PRELIMINARY PL 'T 1920561
MOTION was made b;, Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-531 APPROVING FILLING WETLANDS AND THE
WETLAND MITIGATION PLAN FOR THE HARSTAD/FORBRAGD
PROPERTY..
Motion carried on a roll call vote, five ayes.
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Regular Council Meeting
September 14, 1992
Page 321
ADDITION
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-532 DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT, STREET LIGHTING -
BRI(DLEWOOD FARM 2ND ADDITION.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-533 RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING, BRIDLEWOOD FARM 2ND ADDITION.
Motion carried on a roll call vote, five ayes.
WAGNER AVENUE SOUTH OF QUAKER LANE
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-534 ORDERING PUBLIC HEARING ON THE
PROPOSED VACATION OF A PORTION OF WAGNER AVENUE WITHIN
MEDICINE LAKE PARK THIRD DIVISION.
Motion carried on a roll call vote, five ayes.
FARMS 2ND ADDITION (91079)
MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-535 REDUCING DEVELOPMENT BOND, CHURCHILL
FARMS 2ND ADDITION t91079).
Motion carried on a roll call vote, fire ayes.
ITEM 6-A ASSESSMENT HEARING FOR POND BC -P1
Public Works Director Moore described the project and proposed assessments for Storm
Water Drainage Pond BC -P I, project No. 016.
Mayor Bergman opened the assessment hearing f s Pond BC -P I at 7 08 p.m. No one
appeared, and the hearing was closed at 7.08 p n•
Regular Council Meeting
September 14, 1992
Page 322
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to
adopt RESOLUTION 92-536 ADOPTING ASSESSMENTS, CITY PROJECT NO.
0169 STORM WATER DRAINAGE - POND BC -P1.
Motion carried on a roll call vote, five ayes.
Community Development Director Dillerad explained the requests of Bachman's GardenCentertoallowagardencenteratthenortheastquadrantof6thAvenueNorthandRevere
Lane. He recommended that the City Council consider approval of all requests, including
an amended resolution approving final site plan and conditional use permit to reflect
charges contained ;n the Engineer's Memo dated September 11, 1992.
Brian Cluts representing Bachman's Garden Center, described the proposed project and
requested the Council's approval of the project.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt
RESOLUTION 92-537 APPROVING LAND USE GUIDE PLAN AMENDMENT
FOR DALE I.. BACHMAN FROM CL (LIMITED BUSINESS) TO CS (SERVICE
BUSINESS) FOR PROPERTY LOCATED A.T THE NORTHEAST QUADRANT
OF REVERE LANE AND 6TH AVENUE NORTH (DEVAC SITE) (92069).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergn A to adopt
RESOLUTION 92-538 APPROVING AMENDED MIXED PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAN AND CONDITIONAL USE PERMIT
FOR DALE L. BACHMAN LOCATED AT THE NORTHEAST QUADRANT OFREVERELANEAND6THAVENUENORTH (DEVAC SITE) (92069) (MPUD 86-
1).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Mnyor Bergman, to adopt
RESOLUTION 92-539 APPROVING MPUD FINAL SITE PLAN AND
CONDITIONAL. USE PERMIT FOR OUTDOOR STORAGE AND DISPLAY FOR
DALE L. BACHMAN LOCATED AT THE NORTHEAST QUADRANT OFREVERELANEAND6THAVENUENORTH (DEVAC SITE) (9 2069) (MPUD 86-
1).
Motion carried on a roll call vote, f%e ayes
Regular Council :Meeting
September 14, 19Q2
Page 323
MOTION was made by Councilmcmber Vasiliou, seccnded by Mayor Bergman, to adopt
RESOLUTION 92-340 APPROVING MPUD FINAL PLAT FOR DALE L.
BACHMAN FOR BACHMAN'S GARDEN CENTER LOCATED AT THE
NGRTHEAST QUADRANT OF HIGHWAY 55 AND REVERE LANE (92069)
MPUD 86-1).
Motion carried on a r,)ll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bagman, to adopt
RESOLUTION 92-541 SETTING CONDITIONS TO BE MET PRIOR TO FILING
OF AND RELATED 7'0 FINAL PLAT FOR DALE L. BACHMAN FOR
BACHMAN'S C ARDEN CENTER LOCATED AT THE NORTHEAST
QUADRANT OF HIGHWAY 55 AND REVERE LANE (92069) (MPUD WI).
Motion carried on a roll call vote,, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt
ORDINANCE 92-28 AMENDING THE ZONING ORDINANCE TO CLASSIFY
CERTAIN LANDS LOCATED AT THE NORTHEAST QUADRANT OF
HIGHWAY 55 AND REVERE LANE AS B-3 (SERVICE COMMERCIAL).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt
RESOLUTION 92-542 SETTING CONDITIONS TO BE MET PRIOR TO
PUBLICATION OF ORDINANCE REZONING LAND FOR DALE L. BACHMAN
FOR BACHMAN'S GARDEN CENTER LOCATED AT THE NORTHEAST
QUADRANT OF HIGHWAY 55 AND REVERE LANE (92069).
Motion carried on a roll call vote, five ayer.
ITEM 74 JOHN DAY MPUD PREF PLAN AMENDMENT FOR PORTION OF
DOWNTOWN PLYMOUTH (920661
Community Dt velopment Director Dillenid stated the Planning Commission
recommended. pproval of the request of John Day, on behalf of other property owners in
the "Dowrtovni Plymouth" area, for amended Planned Unit Development Preliminary Plan
and Conditions Use Permit for "Plymouth Hills" located in the southeast quadrant of
Rockford Road and Vicksburg Lane. He stated the group of eight property owners lured
a consultant to issist them in preparing this alternate I'an for the development of the
balance of the property its the result of difficulties in cLmpletmg the development
Regular Council Meeting
September 14. 1992
Page 324
Ths amendment would substitute broad use categories, ranging from more intense
adjacent to Highway 55 to less intense adjacent to Rockford Road, for the site specificusescontainedinthecurrentplan. The plan is divided into three areas. The south area is
proposed to allow any permitted or conditional uses in the B -I or B-? district. The no.th
area is proposed to allow any use permitted or conditional in the B-1 district. The original
proposal for the central araa would have allowed B-1 and B-2 permitted and conditional
rises with a list of specified exceptions. During the public hearing. the petitioner requested
that the central area have the same designation as the south area (any permitted or
conditional uses in the B-1 or B-2 district.) The petitioner made this request due to a
concurrent application for a B-1 conditional use, included in the exception list, on an
adjacent site in the central area. The Planning Commission recommended approval of this
request so that the south and central areas would have identical designations, and the
entire central area would have consistent use allowance.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to
approve the request as originally submitted.
Blair Tremere, consultant for the development group, stated approval of this request
would add flexibility for developers and could speed development of the "DowntownPlymouth" area He stated the group became aware of the concurrent application for a
liquor store. gas/convenience store and strip mall after they had begun work on proposing
an amended plan. That site is in the central portion of the proposed amended plan and theusesproposedintheconcurrentapplicatienwouldbemoreintensethanasproposedinthe
amended plan by the Day group. The group feels that :f tho Counc-1 approves the moreintenseuse, the plan should be amended to allow for the same potertial uses for the rest of
the block, as has been recommended by the Planning Commission.
Councilmember Vasiliou questioned whether the flexibility of allowable uses will solve the
problems faced with development of "Downtown Plymouth". She believed that the
Cot:ncil was asked to consider only three plans for developments in the area since 1970,
but area Realtors inform property owners that the Council will not approve their requests.
She stated that the economy and land prices are certainly additional factors with respect to
the speed of development of "Downtown Plymouth"
Councilmember Tierney asked why the site on which the concurrent application wasreceivedwasexcludedfromthecentralportionoftheproposedamendedplanbythe Day
group.
Mr. Tremere stated that the owner of that property had independently pursued a
development proposal with the City
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Regular Council Meeting
September 14, !992
Page 325
Councilmember Edson stated concern with ex:luding the single site from the central
portion of the plan. The original plan contained graduated intensity OF uses, with the most
intense on the south and the least intense on the north. He believes that should be
retained.
SUBSTITUTE MOTION was made by Councilmember Adson, seconded byCoun..11member Vasiliou, to adopt RESOLUTION 92-543 APPROVING AN
AMENDED MIXEDAL USE PERMITFOR OHN DAY ON EFIALF
ARY PLAIT
OF
AND CONDITIONALSEVERALPROPERTY OWNERS (92066), with the clarification that all parcelsboundedb) Vicksburg Lane, 37th Avenue North, Plymouth Blvd., andAr366th AvenueNorthshall ;U a subject to the original Plan Amendment application reg ding the
central area uses -
Bob Guth, 2025 Holly Lane, supported the motion. He stated he has been frustrated byutbelievesthathis
the lack of developmentvmers need to be protected. He brequested that the Council
dests
nyt
heat
of other property oupcomingrequestof William Rademacher for amended MPUD Plan, MPUD Final SitePlan, and Conditional Use Permit for the site at the northeast corner of 36th Avenue
witht
and Vicksburgses of
thea
remainder of the area affected by the amended planie
feels the use of the that site should be istent
with the allowable
Curt Burckhardt, 221 E. 107th, Bloomington, stated that his comments regarding the
request are of record in Oe Planning Commission minutes
Jim Guddal, 4465 Vicksburg Lane, stated he was disappointed that the PlanningCommissionsupportedariajorchangetothecentralareaoftheproposedplan. HerequestedthattheCouncilApprovetheamendedplanasoriginallyrequestedbythe John
Day group.
Wayne Anderson representtd William C Rademacher, lie stated the PlanningCommissionwantedtoensurethattheirsitewasincludedinthecentralportion of the
amended plan.
Substitute Motion carried on a roll call vote, five ayes.
VICKSBttar, LAtvr, ty__A-11-0-01
ased on the Council's
Contem 7-J
Development
tc
Director
lliam C Rademacher for
illerud recommended. t:mended M UD Plan,
action
MPUD
on Item 7-J, that the ray
Regular Council Meeting
September 14, 1992
Page 326
Final Site Plan, and Conditional Use Permit for a liquor store, gas/convenience store and
strip mall, for property at the northeast corner of 36th Avenue Nonh and Vicksburg Lane
North be denied. This site %%as originally not part of the amended PUD Plan area;
however, the Council has jest included the site in that area by its previous resolution. The
proposed use is now inconsistent with the allowable uses approved by the Council in the
amended MPUD Plan for "Downtown Plymouth".
Wayne Anderson represented William C. Rademacher. He described the proposed project
and requested that the Council approve the request. The site has good ingress and egress,
and the intersection will be signalized to handle the predicted traffic. The entire center will
employ about 70 people when completed He believes approval of this request will
stimulate additional development in the "Downtown Plymouth" area. Fie introduced
William Raoemacher and described his businesses in other citias. He stated the site will be
well mairitained and the businesses will be a good neighbor to residents in the area.
Councilmember Edson expressed concern about the intensity of the proposed use because
it abuts a future residential n:ighborhood to the west.
Councilmember Vasil;ou concurred that this is not the appropriate site for this use, and
encouraged Mr. Rademacher to search for ar alternate site in Plymouth.
MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to
adopt RESOLUTION 92-544 DENYING AMENDED MIXED PLANNED UNIT
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR
PLYMOUTH HILLS" TO SUBSTITUTE A LIQUOR STOREIRETAIL MALL
CONVENIENCE STOREIGASOLINE VENDING USE FOR THE "BANK" USE
LOCATED AT THE NORTHEAST CORNER OF 36TH AVENUE NORTH AND
VICKSBURG LANE NORTH (92068).
Jim Bethke, 1071 Weston Lane, stat - l that as a consumer and long-time resident of
Plymouth, lie supports an additioral ,,quor store and other services in this location.
Councilinember Edson stated his objection to this request relates solely to the proposed
location.
Councilmember Helliwell stated she is also concerned about the intensity of the proposed
use with residential properties across the street She stated the original PUD for
Downtown Plymouth" did not include d liquor store at this locatio-i
Mr. Anderson stated that in communities where they have similar businesses, the
businesses are pan of the neighbo: hood and work with the residential neighbors
Motion carried on a roll call vote, five ayes
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Regular Council Meeting
September 14, 1992
Page 327
MOTION was made by Councilmember Edson, seconded by Councitmember Vasiliou, to
adopt RESOLUTION 92-545 DENYING MPUD FINAL SITE PLAN FOR
WILLIAM C. RADEMACHER FOR A LIQUOR STORE, SHOPPING CENTER,
AND CONVENIENCE STORE/GAS STATION AND A CONDITIONAL USE
PERMIT FOR THE GAS STATION LOCATED AT THE NORTHEAST
CORNER OF 36TH AVENUE NORTH AND VICKSBURG LANE NORTH
92068).
Motion carried on a roll call vote, five ayes.
ITEM 7-L JOHN DAY COMPANY. AMENDED MPUD PLAN, MPUD FINAL SITE
PLAN, AND CLIP FOR AN AU I'OMODILE SERVICE CENTER (920701
Community Development Director Dillerud introduced the request of John Day Company
foi amended MPI m Plan, MPUD Final Site Plan, and Conditional Use Permit for an
automobile service center located at the southeast comer of 35th Avenue North and 34th
Avenue North. On January 27, 1992, the City Council denied an identical request by the
same applicant i he basis for the denial wa„ potential incompatibility with surrounding
uses. Based on the Council's action c. -'tem 74 to amend the PUD for Plymouth Hills, the
proposed use would now be consistent with the general use characteristics that plan
amendment proposes Also due to that pwvious miction, an amendment to the PUD is not
necessary, only Final Site Plan Rnd Conditiunal Use Permit requests need to be considered
by the Council.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to
adopt RESOIXTION 92-546 APPROVING MP11D FINAL SITE PLAN AND
CONDITIONAL USE PERMIT FOR JOHN DAY COMPANY FOR AN
AUTOMOBILE SERVICE CENTER (92070).
John Day, 3300 Bass Lake Road, stated th-s request is id- ntical to his request submitted in
January, and he is anxious to start construe tion
Councilmember Tierney stated she supported the request in January and will support it
again
Councilmember Helliwell stated she also voted for approval of the initial request, and feels
badly that Mr. Day h -d to wait this length of time to gain full Council approval.
Motion carred on a roll call vote, rive ayes.
Regular Council !,fleeting
September 14, 1992
Page 328
BOW HUNTING - EGAN PARD
Acting Marsuger Boyles stated there are residents in attendance who would like to addresstheCouncilregardingtheproposedbowhunt, specifically as it relates to Egan Park This
property is owned by the City. Ne stated there are only five deer hunters who have
expressed interest in hunting in that location.
Pubic Safety Director Gerdes confirmed that no permits have been issued for that location
to date.
A resident spoke on behalf of the group. She stated that severa, residents abutting Egan
Park, where hunting is proposed, are requesting that the park be removed from the
allowRble areas for hunting
Mayor Bergman stated that hunting was limited to areas of 10 acres or more The Council
included Egan Park because they thought it was only fair for public areas to be opened to
hunting, if private property owners were asked to open their property for hunting.
MOTION was made by Councilmember Vasiliou, seconded by "ouncilmember Tierney, to
remove Egan Park from the allowable ureas for the bow hunting of deer for 1992
Councilmember Vasiliou stated she had receiveo a phone call from a Plymouth resident
with Lymes Disease The resident believes it is important to do some proactive things toreducetheoverpopulationofdeerSheagreesthedeerpopulationneedstobereducedin
Plymouth, but has no problem eliminating Egan Park from the allowable hunting areas.
Councilmember Helliwell stated she opposes a deer hunt and asked if the season could be
shortened
Public Safety Director Gerdes stated the deer hunt is consistent with the state deer huntingseason - Sept. 19 through Dec 31 He stated that 1992 is an experimental year for the
program. The information gathered this year will be used to proposed a 1993 program
He reported on meetings that have been held with hunters and land owners, and stated no
objection to deleting Egan Park from the allowable hunting areas
Motion carried, five ayes.
Acting Manager Boyles stated in 1991, the Council accepted an administrative office studycompletedbyPolsonTrossenWright, for expansion and renovation of the Plymouth City
Center The study recognized that it is appropriate to plan for and accommodate the 2011
Regular Council Meeting
September 14, 1992
Page 329
needs for the City Center, as was done with the Public Safety and Maintenance facilities.
Polson recommends that 32,000 square feet will be needed to serve 2011 needs,
comprised of 13,500 square feet of renovation of existing space, plus an expansion of
13,500 square feet.
He stated the Council has a number of options: 1) Do no work other than constructing a
108 foot connecting link between the existing City Center and new Public Safety building
at an estimated cost of $210,000; 2) Renovate the e-.ist 3 City Center space including
that area presently used by Public Safety at an estimated cost of $925,000; 3) Expand the
City Center by 9,500 square feet, renovate existing space and construct building link at
an estimated cost of $2,920,240; and 4) in addition to .improvements proposed in Option
3, cosmetic remodeling of the Council Chambers, lobbies, common space and restrooms at
a total estimated cost of $3,055,240. He recommended that the Council authorize Design
Development Draveings for Option 3.
Councilmember Edson stated he favors scheduling a study session to review what has
been done to date and to determine what the cost -could be for design development
drawings.
Counciimember Vasiiiou stated that any work product needs to i-tclude what happens to
people in the i:erin and relocation costs.
Acting Alanagvr Boyles stated that it is possible to accomplish the renovation/expansion
without relocation it, another building Construction could be accomplished on a floor by
floor bnsis and in the case of expansion, with the use of a temporary division wall. Design
deve!oprnent 4rawings would provide a more complete understanding of the impa^t while
remaining in the building will ha%e on the construction project, as well as give a more
aecututc cost estimate.
N!ayor Berg,:;an agre.d and stated i:n rolincil needs to consider whether the work needs
to be done .1, well hs whether the Cm .i afford it
Councilmember t'iem(!) ,t.nuf rhe would a1w like to have a study bession on the issue
MOI ION was made by Com : ittnember I-Ason, seconded by h1avor Bergman, to schedule
a study session on the City Cei+ic, ,'tih: at nn ,411erna i,cs
Motion carried, five a.es
ITEM 7-1D ApOPT PROPU5W 1993 kILD Ef N AN OTA\ 1.E),I,ES
Acting Manager Boyles Presented the staff':. port on adaption ufthc prnpowd rieliminan
1901 hudp.ets and tar levies lie stated that thy- 1 n th n 'raxaunn Ino require. ,"o Council
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Regular Council Meeting
September A 1992
Page 330
to adopt a preliminary levy no later than Septembc 15. The approved levy amount is
used as the basis for calculating the estimated propery taxes in the Truth in Taxation
statement sent to each property owner the second week of November. Adoption of the
proposed budgets and levy is preliminary only. However, the action establishes the
maximum levy which the Council may consider in delivering 1993 services to residents.
He reporteo on the study sessions that have been conducted by the Council relating to the
proposed budget and levy. Major issues facing the City are the decline in
commercial/industrial property vah es, reduction in tax classification rates for residential
dwellings ove• $115,000 in value, the 6.5 percent sales tax, estimated 3.5 percent inflation,
full operation of expanded public works garage, public safety building, and Bass Lake and
Parkers Lake Playfields He stated that without any additional program and personnel
enhancements in 1993, the City needs to increase revenues by $500,000 or cut
expenditures by that amount. Lely limits have been removed so the Council has flexibility
for the first time ;n many years of setting the tax levy at any level they believe to be
appropriate.
Mayor Bergman stated that Plymouth has been at a disadvantage for a number of years
because with the le ry limit, the City has been unable to capture the rate of growth or
inflation
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt
RESOLUTION 92-522 KROPOSED PROPERTY TAY LEVIES ($113679495) FOR
TAXES PAYABLE IN 1993.
Councilmember Tierrey stated that considerable costs, perhaps between $250,000 and
500 000, have gone into the City Manager issue, staff reaction and unionization. This
will affect the 1993 budget. She stated that those costs should not be placed on property
owr.ers' tax payments
Mavor Bergman stated that a lot of the cosh relating to the City Manager issue were paid
from the 1992 budget Any costs for 1993 are hypothetical at this time.
Councilmember Helliwell stated the Council needs to realize that every decision made
throughout the year affects the budget. She stated that some "foolish financial decisions
have been made by the Council on a 3-2 vote" this year, aj d she cited as examples the new
f l.cal consultant and city attorney. She stated those additional expenses will be reflected
in 1Lture budgets
Mayor Bergman disagreed.
Motion carried on a roll c -ill vote tour ave., 1lelliwell nae.
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Regular Council Meeting
September 14, 1992
Page 331
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt
RESOLUTION 92-523 ADOPTING PROPOSED 1993 BUDGETS.
Motion carried on a roll call vote, four ayes, I Ielliwell nay.
Councilmember Vasiliou left the meeting at this point.
ITEM 7-F PENDING CIVIL LITIGATION REPORT
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to accept
the pending civil litigation report.
Motion carried, four ayes.
ITEM 7-G DATA PRACTICES ACT AND DETAILED ATTORNEY BILLING
Mayor Bergman stated he has spoken with Councilmember Tierney and Attorney Meller
repmrding the Data Practices Act and detailed attorney billings. He stated that the
members of the Council should try to develop a solution to this issue.
Attorney Barnard explained that the issue involves disclosure of details in the attorney
billings with respect to the Data Practices Act He requested additional time to review the
issue
Councilmember Tierney stated that the City has appointed a "Responsible Authority" as
required under the Data Practices Act, and that process should be used with respect to
release of detailed attorney billing information. She stated it is not appropriate for the City
Council to determine by vote whether information contained in the billings is public or
protected nonpublic information. The determination should be made by the Responsible
Authority with the legal counsel of the City Attorney.
Councilmember Tierney stated that at a recent meeting, the LeRque of Minnesota Cities
L ttorney stated that attorney billing information is public, except for exceptions. It is not
wholly confidential information. She stated that the recent Holmes and Graven detailed
billirgs have been treated as public information, while the current City Attorney billings
have been declared protected nonpublic information. She encouraged the Council to
rt.rract its previous vote that the attorney billings are protected nonpublic information.
Mayor Bergman stated the Council needs to come to a conclusion on this issue, but he
wants to make sure that the City is protected front litigation.
Councilmember Tierney stated that the City is also open to litigation if people are dented
pub is information.
0 0
Regular Council Meeting
September 14, 1992
Page 332
Cuunciimemter Edson stated the Holmes and Graven bills cannot be compared with the
current billings, because Holmes and Graven is no longer the City Attorney. He stated
that the Council made a decision as a body that the detailed billings were nonpublic
information and established a process for the releast- -if information to Councilmembers
only. He stated it is unfair to a s'aff memuer c, make them judge what is proper an6
imprcpet to relc:se to th; public.
Councilmember Edson stated he supports release o; information on the detailed attornev
billings as long as it is not detrimental to the City. He stated that the Council knows the
total amount of regal fees spent on various projects and cited from 1991 the proposed
community center issue and shift of election years. He has no objection to releasing the
total a.nount in legal fees by project.
Mayor Bergman stated he has heard concerns expressed by Councilmembers Tierney and
Helliwell relating to the legal fees relating to the City Manager resignation. He
encouraged the City Attorney to supply the total amount of legal fees expended on that
issue.
Councilmember Helliwell stated the total arnaunt spent on the issue is known. She stated
the City Attorney cannot provide the detailed information relating to which
Councilmembers requested information and work product relating to the issue because the
Attorney cannot remember the details. She stated that other communities in the metro
area treat their attorney billings of public information.
Councilmember Edson stated that Plymouth's attorney has provided Councilmembers with
a mento stating that the detailed attorney billing information is protected under attorney-
client privilege. He questioned Councilmember Helliwell's purpose in pursuing this issue.
He stated that all Councilmembers need access to the City Attorney in orde• to make
legally correct dcc;sions on various issues that come before the Council for consideration
Councilmcmber Helliwell stated she felt she is not able to do her job properly because she
has been refused information by the City Attorney. She stated the City Attorney informed
her she could not have certain information without the majority vote of the Council.
Mayor Bergman stated there is attornc;y-ciient privilege between the City Attorney and
individual council members.
Councilmember Tierney stated she has been denied information from the City Attorney
Site stated it is important in the case of detailed legal billings that the information be public
so Councilmembers have access to the info. mation
Mayor Bet gman stated the pnlicy adopted by the Council provides that Councilmembers
can view the detailed billing information, but cannot photocopy it.
Regular Council Meeting
September 14, 1992
Page 333
Councilmember Tierney stated that as an elected official it is her duty to "look after the
public purse". She stated there is legal work being done without a vote of the Council and
it should be looked at. She sta::d that Councilmember Helliwell has requested a copy of a
memo from the City Attorney and the Attomey has refused. She stated she .,as contacted
a number of attorneys who stated the detailed attorney billings are not categorically
protected nonpublic information.
MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell,
to rescind the previous Council action establishing the protected nonpublic status of the
detailed attorney billings.
Attorney Barnard stated that a Councilmember voting in the majority when this action was
adopted would have to make the motion. Since Councilmember Tierney did not voti- with
the majority, the motion is out of order.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to direct
that Attorney Barnard work with City Attorney Meller Pnd Councilmembers Helliwell and
Tierney to attempt to resolve the issue.
Councilmember Edson stated that no Councilmembers have been denied the right to view
the detailed attorney billings. He stated that if Councilmember Helliwell was denied the
opportunity to view a memo written by the City Attorney, she should be afforded that
opportunity. However, Councilmembers should not be making photocopies of the
detailed billing information or distributing that information because it is protected under
the attorney/client privilege.
Motion tamed, four ayes
ITEM 7-H CONSTITUTIONAL AMENDMENT REGARDING SALES TAX AND
LOCAL GOVERNMENT TRUST FUND
Councilmember Tierney stated that the President of the Associat'on of Metropolitan
Municipalities (AMM) indicated they are working on the possibility of a constitutional
amendment relating to sales tax and the Local Government Tru- t Fund. She stated the
ANDA and LMC would prefer that cities not recommend a coni titutional amendment at
this time.
Mayor Bergman stated the City could indicate to the NILC, %J o originally requested the
City's input on the issue, that Plymouth supports effective action to ensure that 2 cents of
the sales tax revenue be retumed to the cities, including tall- possibility of a constitutional
amendment Staff ivas directed to send a letter to this effect
f.
Regular Council Meeting
September 14, 1992
Page 334
ITEM 7-1 PRELIMINARY ENGINEERING REPORT FOR XENIUM LANE
IMPROVEMENTS, PROJECT NO. 214
MOTION was made by Councilmember Helliwell, seconded I,y Mayor Bergman, to adopt
RESOLUTION 92-547 RECEIVING PRELIMINARY ENGINEERING REPORT,
XENIUM LANE - 38TH AVENUE TO NORTHWEST BOULEVARD STREET
AND UTILITY, CITY PROJECT NO. 214.
Motion carried on a roll call vote, four ayes.
ITEM 7-111 STUDY SESSION 'TOPICS AND SCHEDULE
The Council reviewed and updated the list of study session topics and schedule.
ITEM 7-N CITY COUNCIL INFORMATION MEMORANDUM
Acting Manager reported on the following items contained in the Information
Memorandum: Study Session on Tax Increment Financing scheduled for Sept. 2l,
Switchboard will remain open for Primary Election results on Sept. 15, Result of the
AFSCME election, Acting Manager employee visits, Erosion Control Ordinance
Enforcement, League of Minnesota Cities (LMC) dues for 1993, Emergency Plan
Exercise, Draft Charter Insert, Proposed Charter Cv,e Program, and Letter from Tony
Chen.
Councilmember Tierney stated that site has heard from some residents on the Charter that
the initiative and referendum issues are important, and that they want to vote on budget
and capital items.
Councilmember Edson stated that it should be noted in the Charter information that tho:,e
items are not covered under initiative and referendum.
Public Works Director Moore reported on the status of the County Road 10 construc.ion.
The meeting %as adjourned at 9:45 p m.
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