HomeMy WebLinkAboutCity Council Minutes 01-04-1993MINUTES
REGULAR COUNCIL MEETING
JANUARY 4, 1993
The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at
7:05 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on January 4,
1993.
PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou
ABSENT: None
STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community
Development Director Dillerud, Finance Director Hahn, Public Safety Director Gerdes, City
Attorney Meller, and City Clerk Rauenhorst
ITEM 4 NEW CITY CHARTER
Acting Manager Boyles stated Plymouth became a Charter City on January 1, 1993. He
explained that the City will remain a Council -Manager form of government. Local elections
will change from odd to even years, and during the Inst few years a transition schedule will be
followed to shift from a five member at -large Council to a seven member Council with wards.
The Charter provides for a four ward system. One Councilmember will be elected from each
of the four wards, two Councihnembers will be elected at large, and the Mayor will be elected
at large. He explained changes resulting from the Charter relating to campaign contributions,
community improvement fund, and initiative and referendum.
He stated that resolutions and ordinances must be submitted in writing and become effective
upon passage, rather than publication. The Charter provides that the Council shall appoint a
secretary to the City Council, and he recommended that Laurie Rauenhorst be appointed the
City Council secretary.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to appoint
Laurie Rauenhorst as the secretary to the City Council, pursuant to the requirements of the
City Charter.
Motion carried, five ayes.
ITEM 5 APPROVE AGENDA
Mayor Bergman requested that Item 8-D, Appointment of the City Manager, be moved
to immediately follow the Consent Agenda.
Regular Council Meeting
January 4, 1993
Page 2
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to approve the agenda as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6 CONSENT AGENDA
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt the Consent Agenda.
Motion carried on a roll call vote, five ayes.
ITEM 6-A COUNCIL MINUTES
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Filson, to approve the December 21, 1992, council minutes.
Motion carried on a roll call vote, five ayes.
ITEM 6-B PLYMOUTH PARTNERS H. PREL. PLAT, REZONING AND SUBD
VARIANCE AT THE NORTHWEST CORNER OF I-494 AND SCHMIDT LAKE ROAD
91031
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-1 APPROVING PRELIMINARY
PLAT/GENERAL DEVELOPMENT PLAN AND SUBDIVISION CODE
VARIANCE FOR PLYMOUTH PARTNERS H FOR PLYMOUTH
TECHNOLOGY PARK (91031).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt ORDINANCE 93-1 AMENDING THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHWEST CORNER OF
INTERSTATE 494 AND SCHMIDT LAKE ROAD AS I-1 (PLANNED
INDUSTRIAL) AND B-2 (SHOPPING CENTER BUSINESS).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-2 SETTING CONDITIONS TO BE MET
PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR
PLYMOUTH PARTNERS 11 FOR PLYMOUTH TECHNOLOGY PARK (91031).
Regular Council Meeting
January 4, 1993
Page 3
Motion carried on a roll call vote, five ayes.
ITEM 6-C DONALD HANSE. CONDITIONAL USE PERMIT FOR HOME
OCCUPATION (92108)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-3 APPROVING CONDITIONAL USE PERMIT
FOR DONALD HANSE FOR A MASONRY AND BRICK REPAIR BUSINESS
LOCATED AT 1855 NIAGARA LANE NORTH (92108).
Motion carried on a roll call vote, five ayes.
ITEM 6-1) ARGUS DEVELOPMENT INC. RPUD CONCEPT PLAN PREL
PLAN/PLAT AND CONDITIONAL USE PERMIT, REZONING, AND SUBD
VARIANCE (92110)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-4 APPROVING RESIDENTIAL PLANNED
UNIT DEVELOPMENT CONCEPT PLAN FOR ARGUS DEVELOPMENT, INC.
LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD LANE
92110).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-5 APPROVING RESIDENTIAL PLANNED
UNIT DEVELOPMENT PRELIMINARY PLAT/PLAN, CONDITIONAL USE
PERMIT AND SUBDIVISION VARIANCE FOR ARGUS DEVELOPMENT,
INC. LOCATED NORTHEAST OF COUNTY ROAD 9 AND GOLDENROD
LANE (92110).
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt ORDINANCE 93-2 AMENDING THE ZONING ORDINANCE TO
CLASSIFY CERTAIN LANDS LOCATED NORTHEAST OF COUNTY ROAD 9
AND GOLDENROD LANE AS R -1A (LOW DENSITY SINGLE FAMILY
RESIDENTIAL) (92110).
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
January 4, 1993
Page 4
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Filson, to adopt RESOLUTION 93-6 SETTING CONDITIONS TO BE MET
PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR ARGUS
DEVELOPMENT, INC., LOCATED NORTHEAST OF COUNTY ROAD 9 AND
GOLDENROD LANE (92110).
Motion carried on a roll call vote, five ayes.
ITEM 6-E ABRA. INC. CONDITIONAL USE PERMIT AT 11040 HIGHWAY 55
9( 2111)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-7 APPROVING CONDITIONAL USE PERMIT
FOR ABRA, INC. (92111).
Motion carried on a roll call vote, five ayes.
ITEM 6-F GEM ENTERPRISES. REDUCTION OF SITE PERFORMANCE
GUARANTEE (91109)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-8 AUTHORIZING REDUCTION OF SITE
PERFORMANCE GUARANTEE AND EXTENSION OF THE COMPLETION
DATE FOR GEM ENTERPRISES LOCATED AT 11311 STATE HIGHWAY 55
91109).
Motion carried on a roll call vote, five ayes.
ITEM 6-G ROTTLUND HOMES. RELEASE OF SITE PERFORMANCE
GUARANTEE (89044)
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-9 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR ROTTLUND HOMES FOR LAKE
CAMELOT VILLAS LOCATED ON THE WEST SIDE OF WEDGEWOOD
LANE, NORTH OF YUCCA LANE (89044).
Motion carried on a roll call vote, five ayes.
ITEM 6-H HARASSMENT ORDINANCE
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt ORDINANCE 93-3 RELATING TO HARASSMENT.
Regular Council Meeting
January 4, 1993
Page 5
Motion carried on a roll call vote, five ayes.
ITEM 6-I REQUEST FROM SCHOOL DISTRICTS TO RECEIVE TAX
INCREMENTS FROM REFERENDUM
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-10 DENYING THE REQUEST FROM
SCHOOL DISTRICTS FOR PAYMENT OF TAX INCREMENTS.
Motion carried on a roll call vote, five ayes.
ITEM 64 SET HEARING ON VACATION OF A PORTION OF KINGSVIEW LANE
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-11 ORDERING PUBLIC HEARING ON THE
PROPOSED VACATION OF STREET RIGHT-OF-WAY FOR KINGSVIEW
LANE, FORMERLY LAKE STREET AND LAKESHORE COMMONS,
ADJACENT TO LOTS 18, 19, 20, AND 21, BLOCK 2, SUBURBANDALE ON
PARKER LAKE.
Motion carried on a roll call vote, five ayes.
ITEM 6-K DEVELOPMENT CONTRACT BOND REDUCTION
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-12 REDUCING DEVELOPMENT BOND,
GOLFVIEW ESTATES ADDITION (91047).
Motion carried on a roll call vote, five ayes.
ITEM 6-L REIMBURSEMENT FOR REQUIRED WATERMAIN CONSTRUCTION
9104
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-13 REIMBURSING DEVELOPER FOR
REQUIRED 16 INCH TRUNK WATERMAIN CONSTRUCTION, GOLFVIEW
ESTATES ADDITION (91047).
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
January 4, 1993
Page 6
ITEM 6-M HENNEPIN COUNTY GROUND WATER PLAN
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-14 APPROVING CITY OF PLYMOUTH
RESPONSE TO HENNEPIN COUNTY GROUND WATER PLAN.
Motion carried on a roll call vote, five ayes.
ITEM 6-N PRELIIVHNARY ENGINEERING REPORTS 1993 CAPITAL
IMPROVEMENT PROJECTS
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-15 ORDERING PREPARATION OF
PRELIMINARY REPORT, STREET AND UTILITY IMPROVEMENTS,
DUNKIRK LANE - HIGHWAY 55 TO COUNTY ROAD 9, CITY PROJECT NO.
308.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-16 ORDERING PREPARATION OF
PRELIMINARY REPORT, TRAFFIC SIGNAL, 36TH AVENUE/LANCASTER
LANE, CITY PROJECT NO. 309.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-17 ORDERING PREPARATION OF
PRELIMINARY REPORT, STREET AND UTILITY IMPROVEMENTS, NEW
COUNTY ROAD 9 - HIGHWAY 55 TO VICKSBURG LANE, CITY PROJECT
NO. 310.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-18 ORDERING PREPARATION OF
PRELIMINARY REPORT, WATERMAIN IMPROVEMENTS, FERNBROOK
LANE - 21ST AVENUE TO LUCE LINE TRAIL, CITY PROJECT NO. 311.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
January 4, 1993
Page 7
ITEM 8-D APPOINTING CITY MANAGER
Mayor Bergman reported that following the recruitment and selection process, the City
Council has decided to offer the position of Plymouth City Manager to Dwight D.
Johnson. He introduced Harry Brull, Personnel Decisions, Inc., the City's consultant
for the City Manager selection process.
Mr. Brull explained the recruitment and selection process, and thanked the City
Council and staff members who participated in the selection process. He stated the
consensus choice resulting from the process was Dwight Johnson, currently the City
Manager of Shoreview. Mr. Brull stated he then worked with the City Council and the
new City Manager to negotiate an employment agreement. He stated the resulting
compensation package will not put Plymouth at the top for City Manager compensation
in the State. He believes the package is appropriate given Plymouth's population and
complexity.
Mayor Bergman stated that the department heads and employee panelists did an
excellent job and this was one of the first times to his knowledge that a Council has
asked general employees to assist in the selection of a City Manager.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt
RESOLUTION 93-19 APPOINTING DWIGHT D. JOHNSON AS PLYMOUTH
CITY MANAGER, and approving employment contract.
Councilmember Helliwell questioned the clause on Page 2 of the proposed employment
agreement relating to a bonus of $1,750 to be paid after a specified period of
employment. She believes the proposed base compensation is appropriate given
Plymouth's population; however, she is concerned with the word "bonus". She has
received phone calls from individuals who feel the same, and the term makes her
uncomfortable.
Mayor Bergman suggested the word "bonus" could be amended to "incentive merit".
He believes the new Manager will be amenable to amending language in the
employment agreement, as long as substantive changes relating to compensation are not
made. Mayor Bergman supports the incentive merit pay because it is performance-
based.
Councihnember Edson stated the Council also asked Harry Brull to assist the Council in
developing an ongoing performance evaluation process for the Council/City Manager.
He noted that the agreement calls for a performance evaluation after six months, then
annually thereafter.
Regular Council Meeting
January 4, 1993
Page 8
Councilmember Vasiliou concurred with Councilmember Helliwell that the connotation
of a "bonus" is difficult in today's economic climate. She also takes strong exception
to the word "bonus". She believes this position is a marvelous opportunity for a
candidate. Councilmember Vasiliou stated that during prior study sessions, she had
noted a number of objections to items in the proposed agreement. Some of the changes
have been made, but others have not. One concern she has is the provision for a
moving allowance since residency in Plymouth is not a requirement of the position.
She stated concerns that the Council received drafts of the agreement on December 28
and 30, and a third draft immediately prior to this meeting. She believes the process
has been excellent, and that Mr. Johnson is the best candidate. However, she has
concerns with the proposed agreement being provided immediately before the Council
meeting.
Councilmember Tierney stated the entire process has built credibility, and she urged the
City Council to give its full support to the new Manager. She stated that the merit pay
included in the agreement for 1993 could certainly be considered for amendment in
future years. She believes the future involvement of Personnel Decisions Inc., will
greatly assist the Council in doing an appropriate evaluation of the City Manager.
Mayor Bergman amended the main motion to change the term "bonus" in the
employment agreement to "non -base merit increase". The seconder, Councilmember
Edson, accepted the friendly amendment.
Main motion as amended carried on a roll call vote, four ayes; Vasiliou abstained.
Councihnember Vasiliou stated her abstention is in regard to the employment
agreement - not the individual selected.
ITEM 7-A VACATION OF TEMPORARY STREET EASEMENT IN RIDGECREST
ADDITION
Mayor Bergman opened a public hearing at 7:38 p.m. on vacation of a temporary street
easement on Lots 2 and 3, Block 3, and Lots 2 and 3, Block 4, in Ridgecrest Addition.
Public Works Director Moore presented the staff report on the proposed vacation.
No one appeared and the hearing was closed at 7:38 p.m.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-20 AUTHORIZING THE VACATION OF A
STREET, CURB AND GUTTER, SIDEWALK AND UTILITY EASEMENT
OVER PART OF LOTS 2 AND 3, BLOCK 3, AND LOTS 2 AND 3, BLOCK 4,
RIDGECREST ADDITION.
Regular Council Meeting
January 4, 1993
Page 9
Motion carried on a roll call vote, five ayes.
ITEM 7-B VACATION OF PORTION OF 49TH AVENUE
Mayor Bergman opened a public hearing at 7:39 p.m. on vacation of a portion of
Wellington Avenue and 49th Avenue adjacent to Lots 1 and 5, Block 3, Sky Line Hills
Unit No. 1. Public Works Director Moore presented the staff report on the proposed
vacation.
No one appeared, and the hearing was closed at 7:39 p.m.
MOTION was made by Councihnember Tierney, seconded by Mayor Bergman, to
adopt RESOLUTION 93-21 AUTHORIZING THE VACATION OF A PORTION
OF 49TH AVENUE, FORMERLY CREST VIEW DRIVE AND A PORTION OF
WELLINGTON LANE FORMERLY HILLSIDE AVENUE IN SKYLINE HILLS
UNIT NO. 1.
Motion carried on a roll call vote, five ayes.
ITEM 8-A-1 PLANNING COMMISSION RECOMMENDATION ON GOFF SIDE
LAND USE GUIDE PLAN CLASSIFICATION
Community Development Director Dillerud stated that earlier this year the Council
directed the Planning Commission to consider the appropriateness of the current LA -4
guiding of the Goff site, west of Xenium Lane at 37th Avenue North. The
Commission, on a 3-1 vote, recommended that no further action be taken with respect
to the guiding and that the LA -4 guiding remain. The Commission noted that this site
had been considered together with the balance of the City during the review of the
Land Use Guide Plan in 1989, and that there have been no events since that time that
would cause them to reconsider their 1989 decision that LA -4 guiding is appropriate.
He stated the dissenting Planning Commissioner's concerns related to the traffic impact
on Xenium Lane that results from the LA -4 guiding.
Ed Albro, Planning Commissioner, stated the staff report accurately reflects what
happened at the Planning Commission meeting.
MOTION was made by Mayor Bergman, seconded by Councihnember Tierney, that no
further action be taken with respect to the Land Use Guide Plan classification of the
Goff site" at Xenium Lane and 37th Avenue North.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
January 4, 1993
Page 10
ITEM 8-A-2 PLANNING COMMISSION RECOMMENDATION ON REGULATION
OF OUTDOOR STORAGE IN RESIDENTIAL DISTRICTS
Community Development Director Dillerud stated the Council previously directed that
the Planning Commission consider possible City Code/Zoning Ordinance amendments
that would better address the issue of the storage of recreational vehicles and other
accessory vehicles/articles outdoors in the residential neighborhoods. Staff presented
information to the Planning Commission for consideration, including results of polls of
other communities. Director Dillerud stated there is a wide divergence between cities
on how the issue of outdoor storage. The Planning Commission indicated that the
problem at this time is not of sufficient magnitude to warrant further intrusion on
private property rights by additional or increased Code/Zoning Ordinance provisions.
The intent is to address the topic when issues arise again in the future.
Mayor Bergman stated he receives phone calls from residents concerned about this
issue, and he initially asked the Planning Commission to consider this issue so the City
would have an ordinance in place to respond to complaints.
MOTION was made by Mayor Bergman, seconded by Councihnember Helliwell, to
take no action at this time, but to revisit the issue at a later date.
Councilmember Vasiliou asked whether additional Code/Zoning Ordinance provision
could help public safety personnel in responding to complaints of inappropriate outdoor
storage, particularly in recurring situations.
Director Dillerud concurred there are several locations in the City that are recurrent
problems. Staff works with the property owner and the problem is corrected for a
period of time. He stated that vehicles are the biggest problem, and in most situations
staff can require correction through current vehicle registration laws or through the "no
parking" ordinances when the vehicle is parked on public right-of-way. He stated that
the current ordinances do not solve all of the problems relating to outdoor storage all of
the time, but he questioned whether additional ordinances would have a positive impact
on the issue.
Councihnember Vasiliou stated that if staff is not receiving a significant number of
complaint calls, the Planning Commission may be correct that there is not sufficient
magnitude to warrant further intrusion on private property rights at this time. She
stated the ordinance could still be amended and enforcement could be done only on a
complaint basis.
Director Dillerud stated the City already has a number of ordinances which staff
enforces on a complaint basis. It is the Planning Commission's concern that a new
ordinance may be enforced for some properties and not for others.
Regular Council Meeting
January 4, 1993
Page 11
Councilmember Vasiliou stated that the City of Edina recently addressed outdoor
storage of recreational vehicles by requirements on hard surface parking areas and side
yard regulations. She stated that perhaps Plymouth should consider similar
requirements.
Councilmember Dillerud stated the grandfather precedence on this issue is probably not
substantial because recreational vehicles are temporarily parked, not a permanent
structure. Therefore, the usual zoning problem of noncomformity cases arising from a
delay in addressing an issue will not be significant with this issue.
Motion carried, five ayes.
ITEM 8-E REPORT ON LIQUOR SERVER LICENSING
Public Safety Director Gerdes stated the City has been reviewing the issue of liquor
server licensing in conjunction with the Wayzata Plymouth Area Chemical Health
Commission. The group feels it is important to obtain input from the liquor service
industry before proposing an ordinance to initiate server licensing in the City. Director
Gerdes recommended that a joint letter from the City and the Chemical Health
Commission be sent to liquor establishments with their liquor renewal notifications in
February. The letter would seek input from individuals or a group within the liquor
industry and allow input prior to drafting a formal ordinance.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Helliwell, to direct staff to send a letter seeking input on a proposed liquor server
licensing ordinance.
Motion carried, five ayes.
Councilmember Vasiliou applauded Director Gerdes' efforts with the Chemical Health
Commission on this project and stated he is bridging a gap between the City and school
district.
ITEM 8-F FIRE ALARM TASK FORCE RECOMMENDATIONS
Public Safety Director Gerdes presented the staff report on the Fire Alarm Task Force
recommendations and introduced Fire Chief Rick Kline and Stan Scofield, who was a
member of the Task Force. The Task Force recommends that semi-annual maintenance
of fire alarm systems for apartments, hotel/motels, schools, day care center, and
institutions, be continued, along with bimonthly testing of fire sprinkler systems. He
stated the fire alarm statistics indicate these users are responsible for a majority of the
Regular Council Meeting
January 4, 1993
Page 12
false alarms and there are large populations in these buildings who depend on the
effectiveness of the fire alarm or suppression system.
The Task Force also recommends that the cleaning, inspection, and testing of fire alarm
systems for manufacturing, office, and warehouse buildings should be annual (rather
than semi-annual) with bimonthly testing of the fire sprinkler system. The charge for
false alarms for all automatic fire alarm system users except single family is proposed
to be increased to $100 for the first alarm, $300 for the second alarm, and $500 for
each subsequent alarm. The existing code provides for a sliding scale charge increasing
100 per alarm to a maximum of $500. The purpose of this recommendation is to
more quickly reduce the number of false alarms and to charge a fee which more
accurately reflects the actual cost of fire department response to false alarms. He stated
the single-family false alarm charge is proposed to be $100 for the first alarm, with a
50 reimbursement if the fire alarm company certifies that they repaired the cause of
the alarm. Thereafter, the cost would be $200 per false alarm.
Director Gerdes stated that if the Council concurs with these recommendations, it
would be appropriate to conduct a public information meeting to solicit public input on
the proposed ordinance revisions. Notice of the meeting would be sent to owners or
managers of apartments, hotel/motels, schools, industrial and manufacturing structures
who would be most affected by the revisions.
Councihmember Tierney asked how the time frame for determining the number of false
alarms is calculated.
Director Gerdes explained that the number of false alarms for a structure is calculated
on a calendar year basis. The first of the year, each structure starts again with zero
false alarms.
Councilmember Edson asked if staff ensures that a new building has an alarm permit
during the fire inspection of the new structure.
Fire Inspector Scofield stated yes. The owner is required to complete the permit form,
although there is no charge for the initial permit, and to supply a certificate from the
company who certifies their system. If there is a false alarm, the owner is required to
renew their permit by paying the fee specified in the ordinance. If the permit is not
renewed following a false alarm, charges are applied as special assessments against the
property.
Councihmember Vasiliou asked what preventive measures can be taken in apartment
situations that tend to have continual false alarm problems.
Regular Council Meeting
January 4, 1993
Page 13
Director Gerdes stated staff has assisted apartment owners with fundamental
information about the ordinance. He believes the new Public Safety Education
Specialist will be able to further work with apartment owners and managers to
safeguard their systems.
Fire Inspector Scofield explained that the month-end and year-to-date false alarm
statistics that are provided to the Council include both alarm system failures, as well as
calls resulting from burnt food odor or burned food smoke. An alarm permit needs to
be renewed, and the fee paid, only in the case of alarm system failures. No fee is
charged when a false alarm results from a call about odor or smoke.
Director Gerdes stated the Fire Chief is working on developing a more detailed false
alarm reporting system to accurately determine the reason for the false alarm.
Mayor Bergman suggested that the public information meeting be conducted no sooner
than late February, since the Council has a number of other public information
meetings in late January and early February.
Councilmember Edson asked if the Fire Alarm Task Force, which is made up of
representatives of the fire department, manufacturing, and apartment owners, was well
represented.
Fire Inspector Scofield stated the Task Force had a well-rounded membership and the
meetings were well attended.
Acting Manager Boyles stated he and Fire Inspector Scofield met with one apartment
manager to explain the purpose of the ordinance. The manager understood that the
costs resulting from false alarms should be paid by those causing the costs, not the
general taxpayers. He stated the ordinance is an attempt to motivate property owners
to correct their false alarm problem when it occurs. Staff is willing to work with
owners to find ways to reduce the number of false alarms.
MOTION was made by Councihnember Edson, seconded by Mayor Bergman, to direct
staff to schedule a public information meeting on the proposed revisions to the fire
alarm ordinance.
Motion carried, five ayes.
ITEM 8-11 BOARD AND COMMISSION APPOINTMENTS
Acting Manager Boyles presented the staff report on board and commission
appointments.
Regular Council Meeting
January 4, 1993
Page 14
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
adopt RESOLUTION 93-22 APPOINTMENTS TO PLANNING COMMISSION,
reappointing Michael Wigley and Barbara Stimson.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
adopt RESOLUTION 93-23 APPOINTMENTS TO BOARD OF ZONING
ADJUSTMENTS AND APPEALS, reappointing J. Paul Dolan and James
Edwards.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
adopt RESOLUTION 93-24 APPOINTMENTS TO PARK AND RECREATION
ADVISORY COMMISSION, reappointing Mark Wahl and Mary Kay Watson, as
well as changing the designation of Wyatt Gutzke to Ward 2.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
adopt RESOLUTION 93-25 APPOINTMENT TO HOUSING AND
REDEVELOPMENT AUTHORITY, reappointing John Edson.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to
adopt RESOLUTION 93-26 APPOINTMENTS TO WATER QUALITY
COMMITTEE, reappointing Valentin Scheglowski and Jeffrey Shopek.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou,
to adopt RESOLUTION 93-27 APPOINTING MEMBER TO HOUSING AND
REDEVELOPMENT AUTHORITY (HRA), appointing Brian A. Warhol.
Motion carried on a roll call vote, five ayes.
ITEM 8-C ANNUAL APPOINTMENTS AND DESIGNATIONS
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to
adopt RESOLUTION 93-28 APPOINTING DEPUTY MAYOR FOR 19939
appointing Councilmember John Edson.
Regular Council Meeting
January 4, 1993
Page 15
Motion carried on a roll call vote; Edson, Vasiliou and Bergman ayes; Helliwell and
Tierney nays.
MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to
adopt RESOLUTION 93-29 DESIGNATING OFFICIAL NEWSPAPER FOR 1993
as the Plymouth Sailor.
Councilmember Vasiliou noted that communication concerns were recently discussed
with the Sailor editor, who suggested that the City provide information in the form of a
Council brief following each meeting. This would aid the newspaper in accurately
reporting City Council actions. Staff was directed to provide the Sailor with this
information.
Motion carried on a roll call vote, five ayes.
Finance Director Hahn stated that on December 7, the Council directed staff to contact
area banks to determine what additional services they would provide if designated as
the City's official depository. Because the response was mixed, staff drafted a request
for proposals which was distributed to area banks. The proposals requested zero
balance accounts and that all balances be swept to money market accounts overnight.
He stated that the Council also asked staff to check whether employees receive any
special rates or other benefits as the result of the City's account. He stated the four
banks contacted were very similar and offer employees of their commercial accounts
several benefits and discounts. He compared the various charges submitted by the four
banks. He stated that some of the standard bank charges such as deposit slips, deposit
of currency, deposit of coins, etc., would be eliminated if the City chose the 4M Fund
as proposed by First Bank Plymouth. Wire transfer fees, payroll changes and some
others would still remain. The associated account charges by the banks ranged from a
high of $1,504.62 to a low of $320.00 per month. First National Bank of Wayzata
proposed the low of $320 per month and is recommended as the City depository for
1993-1995.
Councilmember Helliwell noted that First National Bank of Wayzata was next in line to
be designated as the official depository had the Council remained with the previous
rotation policy.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-30 APPOINTING OFFICIAL
DEPOSITORIES FOR CITY FUNDS, designating First National Bank of Wayzata
for 1993 through 1995.
Regular Council Meeting
January 4, 1993
Page 16
Councilmember Edson stated he has concerns with the perception that City employees
may be getting a discount or other benefit not available to the general public. He has
no objection to this benefit if the bank offers the same to its other corporate accounts,
but it is inappropriate if only offered to City employees to gain the City's business.
SUBSTITUTE MOTION was made by Councilmember Vasiliou, seconded by Mayor
Bergman, to appoint First National Bank of Wayzata as the official depository for 1993
only.
Acting Manager Boyles stated the costs provided in the proposals is for a three year
period. A one-year option was not requested.
Councilmember Vasiliou stated she is not comfortable with that long of a commitment
and she wants to review the appointment again in a year.
Councilmember Tierney stated she will not support the substitute motion as additional
time will be spent by staff doing another request for proposals and the subsequent
review. She asked if Councilmember Vasiliou has an affiliation with any bank.
Councilmember Vasiliou stated she serves on the Board of Directors of Norwest Bank;
however, that is not relevant to the motion.
Councilmember Edson asked what time period was designated in the previous bank
rotation policy.
Finance Director Hahn stated the designation was previously made for a two year
period.
Mayor Bergman withdrew his second to the substitute motion.
The substitute motion failed for lack of a second.
A representative of First Bank Plymouth questioned several of the fees outlined in the
Finance Director's report. She stated that several of the fees of First Bank Plymouth
would be waived; however, payroll transfer and other fees would still be in effect.
Finance Director Hahn stated First National Bank of Wayzata proposes no fee for
payroll transfer and other services for which the other banks listed charges.
Councilmember Vasiliou stated she would have liked to review the proposal
information, rather than have it presented at the meeting.
Regular Council Meeting
January 4, 1993
Page 17
Finance Director Hahn stated he would provide a copy of the proposal information to
Councihnembers.
MOTION to amend the main motion was made by Councilmember Edson, seconded by
Mayor Bergman, to make the designation on the condition that City employees do not
receive any special benefits or reduced rates from the bank that would not normally be
offered to other commercial accounts of the bank.
Motion to amend carried, five ayes.
Main motion, as once amended, carried on a roll call vote; four ayes; Vasiliou nay.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Tierney, to adopt RESOLUTION 93-31 RATIFYING SURETY AND BLANKET
BONDS FOR CITY EMPLOYEES FOR 1993.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to adopt RESOLUTION 93-32 DESIGNATING CITY HEALTH OFFICER
FOR 1993.
Motion carried on a roll call vote, five ayes.
MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt
RESOLUTION 93-33 APPOINTING COUNCIL COORDINATING
REPRESENTATIVES FOR 1993.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to adopt RESOLUTION 93-34 DESIGNATING DIRECTOR AND
ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY,
designating Fred Moore as Director and Mayor Bergman as Alternate Director.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson,
to adopt RESOLUTION 93-35 APPOINTMENTS TO MUNICIPAL
LEGISLATIVE COMMISSION, appointing Mayor Bergman and City Manager
Johnson.
Motion carried on a roll call vote, five ayes.
Regular Council Meeting
January 4, 1993
Page 18
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to conduct interviews with applicants to the West Suburban Mediation
Center Board, the West Hennepin Human Services Planning Board, and the Northwest
Hennepin Human Services Council.
Motion carried, five ayes.
The Council indicated that they will also consider for appointment to these vacancies
individuals who interviewed for the HRA vacancy.
MOTION was made by Councilmember Tierney, seconded by Councilmember
Helliwell, to designate the City Council as the Special Assessment Committee for 1993.
Motion carried, five ayes.
ITEM 8-G STUDY SESSION MEETING TOPICS
Acting Manager Boyles reviewed the list of pending Study Session topics.
Councilmember Tierney suggested that the study session topic on City Attorney
services be delayed until the new City Manager arrives. The Council concurred.
ITEM 8-H CITY COUNCIL INFORMATION MEMORANDUM
Acting Manager Boyles reported on the following items in the Information
Memorandum: Newly elected official reception sponsored by TwinWest Chamber of
Commerce, MLC annual legislative dinner, Four Seasons Mall tax delinquency article,
Minnesota 2000 for Osseo School District, new Town Meeting agenda format; and
Public Works Director Moore's memo on drainage issues at The Gym.
The Council discussed the drainage situation at The Gym and concerns noted by the
owner, Mr. Younger. Mayor Bergman stated he has spoken with Mr. Younger who
indicated that the City's analysis and suggested solution to the problem is not
acceptable to him.
Director Moore stated that Mr. Younger's architect has proposed that the City should
pay for an addition to the front of his building and an elevator, rather than the curb
improvements proposed by the City to the parking area so that the parking lot would
serve as a temporary holding pond area. Mr. Younger's proposal would cost about
150,000; the City's proposal would cost $38,000 to $40,000.
Regular Council Meeting
January 4, 1993
Page 19
Acting Manager Boyles noted that any solution would require action of the City
Council.
Mayor Bergman stated the City Council could conduct an Executive Session on the
issue to discuss the legal issues involved.
Councilmember Vasiliou questioned why the City should be obligated to correct the
problem if the building was constructed below grade and if the City has done nothing to
compound the drainage problem.
Director Moore stated that based on discussion of the situation with the City Attorney's
office, the City is legally in a good position; however, this was an attempt to try to
solve the problem and eliminate the City's involvement in a possible lawsuit.
Councilmember Edson stated he is not prepared to offer a suggestion at this point
without further information. He suggested that the City Attorney provide a report on
the legal issues involved and the staff provide information on the options for correction.
Councilmember Vasiliou suggested the City wait until a specific request is made by
Mr. Younger.
Acting Manager Boyles reviewed the status of the possible settlement agreement of the
City of Plymouth vs. Marcus Corporation suit. He stated the result of the suit may be
that the City will win, but will be unable to collect the money awarded.
Director Moore explained that a pre-trial hearing was held on December 28 on this
issue, and the proposed settlement was developed through negotiation between
attorneys.
Acting Manager reported on the status of the Larch Heights Lagoon project
Mayor Bergman requested that staff keep interested property owners informed about
the status of this project, as well as other sensitive projects where there is significant
neighborhood concern. He stated that property owners need to be contacted
periodically, even if nothing is happening on the project for a period of time.
Councilmember Edson asked about the status of the risk management reserve and
whether the reserve is excessive. He questioned whether at some point the difference
between the net and gross insurance premiums should be deducted from the general
fund, rather than increasing the risk management reserve.
Director Hahn stated that if it is determined that the reserve is at a good point, the
charges to various funds from the risk management fund could be scaled back.
Regular Council Meeting
January 4, 1993
Page 20
MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to direct
staff to provide a report on the insurance reserve prior to 1994 budget considerations so
the Council can determine whether the reserve is adequate to cover possible losses for
which the City self insures.
Finance Director Hahn suggested that this information could be provided as part of the
annual risk management report.
Motion carried, five ayes.
Councilmember Tierney referenced a letter received regarding the City's towing policy
and asked if residents are familiar with it.
Public Safety Director Gerdes described the situation noted in the letter and stated that
this is the type of information that the new Public Safety Education Specialist can work
on getting to residents.
Acting Manager Boyles stated that the policy and suggested practice if a vehicle stalls
could be immediately placed on the cable character generator.
Mayor Bergman suggested that the City Council request a meeting with the Hennepin
County commissioners who represent Plymouth.
Staff will contact the commissioners to obtain alternate dates.
Councilmember Vasiliou stated that it is important that a qualifier be placed in the
survey proposed by the Park and Recreation Advisory Commission that the City does
not anticipate any specific project. She stated the survey also needs to indicate that any
new structure will result in additional cost to the taxpayer.
Councilmember Edson requested that other suggestions on the survey be forwarded to
PRAC. The intent is to have a professional draft the survey which would then be
reviewed by the Council. A test sample would be used to determine how well the
survey works. The survey would be revised for the final version. He stated he and the
PRAC members are very concerned that the survey not lead responses or mislead
residents into thinking particular projects are planned.
Councilmember Tierney questioned why the survey is proposed now and whether there
will be immediate use of the information, as surveys are costly.
Regular Council Meeting
January 4, 1993
Page 21
Mayor Bergman stated that the survey was discussed at a joint Council-PRAC study
meeting. PRAC wanted to know if there are unmet recreational needs in the
community.
Councilmember Edson stated that the survey may help to determine what should be
done with the park dedication funds. The Council has traditionally used those funds for
acquisition and development of neighborhood parks and community playfields. One
issue the survey may help answer is whether a segment of the population has been
ignored in terms of recreational opportunities or facilities.
Councihnembers stated that the survey must be written in order not to create
expectations.
Councihnember Vasiliou suggested that a joint meeting with PRAC be added to the
study session topic list once the questions are prepared to discuss the Council's
concerns including the purpose of the survey.
The meeting was adjourned at 9:33 p.m.
City Berk