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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 0 0 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. 0 0 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 0 9 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 Ll 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 e 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. 0 0 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. l t t u %ue i