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HomeMy WebLinkAboutCity Council Minutes 01-08-1997MINUTES REGULAR COUNCIL MEETING JANUARY 8. 1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on January 8, 1997. City Clerk Ahrens administered the oath of office to Tim Bildsoe, Councilmember Ward 1; Saundra Spigner, Councilmember Ward 3; Judy Johnson, Councilmember at Large; and Joy Tierney, Mayor. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Wold, Johnson, Preus, Spigner, and Black. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, City Clerk Ahrens, and Deputy City Clerk Hoffman. Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Presentation - Community Sex Offender Notification Act Public Safety Director Gerdes outlined the recently enacted legislation. He described the three levels of notification of affected communities when sex offenders are released from prison. He stressed that the plans are developed to inform the public, not alarm them, and to provide information about the risk levels to the community. Councilmember Wold thanked Public Safety Director Gerdes for making the presentation, and said that Plymouth has gone as far as it can in carrying out the legislation. Item 5 Approve Agenda City Manager Johnson stated that additional information was distributed to Councilmembers. He said that staff recommended removal of Item 6-K from the agenda. He also asked that the Council consider moving Item 9-D to 8-B for discussion. Mayor Tierney requested that the Pro -Plymouth Pledge be moved to 9-A for discussion of her proposed changes. Councilmember Preus found that favorable, because he wanted to include an addition to the Pledge. Motion was made by Councilmember Black, seconded by Councilmember Preus, to approve the agenda with the removal of Item 6-K, the movement of Item 9-D as 8-B and the placement of the Pro -Plymouth Pledge as Item 9-A. Motion carried, seven ayes. Regular Council Meeting January 8, 1997 Page 2 Item 6 Consent Agenda Items 6-E, 6-G, 6 -M -1,6-M-4, 6-M-5, 6-S, 6-W were removed from the Consent Agenda. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve City Council Minutes MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to approve the minutes of the regular council meeting of November 20, 1996 as amended, the regular council meeting of December 4, 1996, two special council meetings of December 11, and the regular council meeting of December 18, 1996. Motion carried, seven ayes. Item 6-B Approve Disbursements MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-1 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 27, 1996. Motion carried, seven ayes. Item 6-C-1 Appointment of Council Secretary MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-2 APPOINTING COUNCIL SECRETARY FOR 1997. Motion carried, seven ayes. Item 6-C-2 Appointment of Official Depositories MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-3 APPOINTING OFFICIAL DEPOSITORIES FOR CITY FUNDS FOR 1997. Motion carried, seven ayes. Item 6-C-3 Ratification of Surety and Blanket Bonds for City Employees MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-4 RATIFYING SURETY AND BLANKET BONDS FOR CITY EMPLOYEES FOR 1997. Motion carried, seven ayes. Item 6-C-4 Appointment of Health Officer MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-5 APPOINTING HEALTH OFFICER FOR 1997. Motion carried, seven ayes. Regular Council Meeting January 8, 1997 Page 3 Item 6-D Establish 1997 Board Of Review Dates MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-6 ESTABLISH 1997 BOARD OF REVIEW MEETING DATES. Motion carried, seven ayes. Item 6-F Assessments for Municipal Sewer and Water Connection at 17620 41' Avenue North MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-7 ADOPTING ASSESSMENTS, SANITARY SEWER AND WATER SERVICE HOOKUP AND PERMIT FEE, 17620 41ST AVENUE NORTH (P.I.N. #18-118-22-14- 0015). Motion carried, seven ayes. Item 6-H Modifications to Travel and Mileage Policies MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-8 APPROVING MODIFICATIONS TO THE TRAVEL POLICY . Motion carried, seven ayes. MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-9 APPROVING MODIFICATIONS TO THE MILEAGE REIMBURSEMENT POLICY. Motion carried, seven ayes. Item 6-I Establish Special City Council Meeting for Annual Meeting with Plymouth Legislators MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to establish January 21, 1997 at 6 p.m. as Special City Council Meeting for Annual Meeting with Plymouth Legislators about legislative issues impacting the City of Plymouth. Motion carried, seven ayes. Item 64 Site Plan Amendment for Armstrong High School (96120) MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-10 APPROVING SIT PLAN AMENDMENT FOR INDEPENDENT SCHOOL DISTRICT 281 FOR PROPERTY LOCATED AT 10635 36TH AVENUE N. (96120). Motion carried, seven ayes. Item 6-L Sueker Residence Lot Consolidation. (96184) MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-11 APPROVING LOT CONSOLIDATION FOR SUEKER PROPERTY LOCATED AT LOTS 21 AND 22, BLOCK 2, CITY VIEW ACRES 2ND UNIT (96184). Motion carried, seven ayes. Regular Council Meeting January 8, 1997 Page 4 Item 6-M Reductions in Required Financial Guarantees MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-12 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 4'H ADDITION (95001). Motion carried, seven ayes. MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-13 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH 2ND ADDITION (95021). Motion carried, seven ayes. Item 6-N-1 Nanterre Addition Development Contract (94093) MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-14 AUTHORIZE AMENDING THE DEVELOPMENT CONTRACT FOR NANTERRE ADDITION (94093). Motion carried, seven ayes. Item 6-N-2 Schmidt Lake Road Construction in Nanterre Subdivision, Project No. 316 MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-15 REIMBURSING DEVELOPER FOR REQUIRED STREET AND STORM SEWER CONSTRUCTION, SCHMIDT LAKE ROAD, CITY PROJECT NO. 316. Motion carried, seven ayes. Item 6-0 Vacation of Drainage and Utility Easements within Schiebe's Business Park MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-16 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF 9'H AVENUE NORTH RIGHT- OF-WAY IN SCHIEBE'S BUSINESS PARK. Motion carried, seven ayes. MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-17 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, SCHIEBE'S BUSINESS PARK. Motion carried, seven ayes. Item 6-P 1996 Seal Coat Program MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-18 APPROVING CHANGE ORDER NO. 1, 1996 SEAL COAT PROGRAM. Motion carried, seven ayes. Regular Council Meeting January 8, 1997 Page 5 MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-19 REQUEST FOR PAYMENT NO. 2 AND FINAL, 1996 SEAL COAT PROGRAM. Motion carried, seven ayes. Item 6-Q-1 12th Avenue Improvements, Project No. 523 Change Order Numbers 1&2 MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-20 APPROVING CHANGE ORDER NO.'S 1 & 2, 12... AVENUE IMPROVEMENTS, CITY PROJECT NO. 523. Motion carried, seven ayes. Item 6-Q-2 12th Avenue Improvements, Project No. 523 Payment No. 3 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-21 REQUEST FOR PAYMENT NO. 3, 12TH AVENUE IMPROVEMENTS, CITY PROJECT NO. 523. Motion carried, seven ayes. Item 6-R-1 20h Avenue Improvements, City Project No. 601 Change Order No. 3 MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-22 APPROVING CHANGE ORDER NO. 3, 26TH AVENUE IMPROVEMENTS, CITY PROJECT NO. 601. Motion carried, seven ayes. Item 6-R-2 26th Avenue Improvements, City Project No. 601 Payment No. 5 MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-23 REQUEST FOR PAYMENT NO. 5, 26TH AVENUE IMPROVEMENTS, CITY PROJECT NO. 601. Motion carried, seven ayes. Item 6-T Sprint Spectrum L.P. Water Tower Site Antenna Agreement MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-24 APPROVING AGREEMENT, SPRINT SPECTRUM L.P. WATER TOWER ANTENNAS. Motion carried, seven ayes. Item 6-U Suburban Alliance Close-out Costs MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-25 AUTHORIZING PAYMENT OF 16,345.93 FOR THE CITY OF PLYMOUTH'S SHARE OF CLOSE- OUT COSTS FOR THE WEST HENNEPIN HUMAN SERVICES PLANNING BOARD, ALSO KNOWN AS SUBURBAN ALLIANCE. Motion carried, seven ayes. Regular Council Meeting January 8, 1997 Page 6 Item 6-V Association of Metropolitan Municipalities (AMM) Dues Payment MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-26 APPROVING 1997 MEMBERSHIP DUES IN ASSOCIATION OF METROPOLITAN MUNICIPALITIES. Motion carried, seven ayes. Item 6-X Award of Ice Arena Soft Drink Contract MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-27 APPROVING CONTRACT WITH MIDWEST COCA-COLA BOTTLING. Motion carried, seven ayes. Item 6-Y Ice Arena Project No. 541 Construction Work Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-28 AUTHORIZING DIVERSIFIED CONSTRUCTION TO PROVIDE WINTER CONDITION WORK ON ICE ARENA PROJECT. Motion carried, seven ayes. Item 6-Z Continuation of Sump Pump Inspection Program Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-29 AWARDING THE CONTRACT TO MSA CONSULTING ENGINEERS FOR PHASE THREE OF THE SUMP PUMP INSPECTION PROGRAM. Motion carried, seven ayes. Item 6 -AA Tobacco License Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-30 APPROVING 1997 TOBACCO LICENSE RENEWAL. Motion carried, seven ayes. Item 6 -BB Establish Special City Council Meeting Motion was made by Councilmember Preus, seconded by Councilmember Wold, to establish a special City Council meeting on Wednesday, January 22, 1997, at 6:00 p.m., for a presentation by Springsted, Inc. Motion carried, seven ayes. Item 7-A Kiang's, Inc. for On -Sale 3.2 Malt Liquor License Assistant Manager Lueckert presented the staff report on the request of Kiang's, Inc., for an on -sale 3.2 malt liquor license and wine license at 187 Cheshire Lane, Suite 100. Mayor Tierney opened the public hearing at 7:20 p.m. No one appeared, and the hearing was closed. Regular Council Meeting January 8, 1997 Page 7 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-31 APPROVING ON -SALE 3.2 MALT LIQUOR LICENSE AND WINE LICENSE FOR KIANG'S, INC. Motion carried, seven ayes. Item 8 -A(6 -M) Reductions in Required Financial Guarantees Tom Jes, 5055 Evergreen Lane North questioned the reductions on these parcels given recent erosion control problems and wetlands ordinance violations reported at the Ponds at Bass Creek. He asked if the City is protecting that area since learning of the area's environmentally sensitive elements. He said he wanted discussion by the City Council and a guarantee of sufficient money set aside for any problems that may develop. Public Works Director Moore said that inspections were made late in the fall to make sure all erosion control measures were in place. He said that these financial guarantees would not cover erosion control costs, but water and sewer costs. He said inspections would be made again in the spring to check for any possible damage done over the winter . MOTION was made by Mayor Tierney, seconded by Councilmember Black, to adopt RESOLUTION 97-32 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK ADDITION (93106). Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Black, to adopt RESOLUTION 97-33 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK 2"D ADDITION 95082). Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Black, to adopt RESOLUTION 97-34 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK 3" ADDITION 96091). Motion carried, seven ayes. Item 8-11 (9-D) Designate Official Newspaper Item 8-C (6-E) Approve 1997 City Council Regular Meeting Dates Mayor Tierney stated that scheduling the City Council's meeting calendar will impact how the City Council's activities will be reported in official papers because of the publication dates of the newspapers. Peter May, 18178 Minnetonka Boulevard, Wayzata, owner and publisher of The Lakeshore Weekly News asked to be considered for the official newspaper designation. He requested that, for news reporting purposes, the Council move back meeting dates to Monday or Tuesday to ensure same - week reporting of Council actions. Regular Council Meeting January 8, 1997 Page 8 Mr. May requested that the Council designate his paper as the City's official newspaper. He said his circulation has increased this year with several hundred new drop locations in the northern part of Plymouth. He said in addition to Plymouth police and government news coverage, he is now in a financial position to cover more extensively the Robbinsdale School Board and the Armstrong High School sports and general news. Mr. May said that since January 1, The Lakeshore Weekly News has leased office space on Harbor lane for news gathering and sales purposes. Mr. May stated that the office is operational but no advertising office sales staff are working from the Plymouth office yet. He added that news has not been gathered from that office yet, but it will be. He said that signs have not yet been placed at the site, but by February 1, it should be operational as a secondary office for his newspaper. He said this is a statutory consideration that gives his paper an edge in the official newspaper designation. Manager Johnson said that based on investigations made earlier in the day he could confirm a Weekly News office does exist in a space on Harbor Lane and that phones are working, although signs are not yet in place. He asked the City Attorney to explain the legal requirements and whether the office meets the full definition of a secondary newspaper office. Attorney Knutson outlined the definition of a secondary newspaper office and said that advertising must be sold from, and news must be gathered from, that office. He said that the question the Council must consider is whether from a legal point of view, at the time of the vote on the newspaper designation, the office meets the full definition. He said as he understood Mr. May's explanation, the intention is there, but The Lakeshore Weekly News Plymouth office currently is not functioning in the strictest definition of state statutes. He said Councilmembers are free to vote whatever way they believe best for the City's interests. Councilmember Johnson asked about Sun Sailor distribution changes to a delivery -on -subscription basis from a free drop site basis. She asked whether circulation figures reflect actual paid subscription figures versus actual free site drop figures, and which was reflected in the 13,400 circulation figure listed in the staff report. Sally Thompson identified herself as the Plymouth editor for the Sun Sailor. She stated she doesn't deal with advertising or circulation, but she is aware that the newspaper is now back to delivery on a free home distribution basis. She said that she didn't know what the volunteer subscription figure is, and that the 13,400 figure may include both paid and free circulation. Manager Johnson said the City Clerk obtained a breakdown of circulation figures from the publishing office of between 16,000-17,000 issues delivered in Regular Council Meeting January 8, 1997 Page 9 Plymouth. Ms. Thompson said the Sun Sailor issues two editions within Plymouth, and the larger circulation figures may represent distribution of both east and west editions. Councilmember Preus read the statute definition of a secondary office, which includes "open on a regular basis to gather news and sell advertisements and subscriptions." He said The Lakeshore Weekly News office was open to perform those functions even though they have not yet actually done so. Attorney Knutson said his own interpretation was that just being open was not sufficient. He said that the functions, not the intent to do them, met the definition, but Councilmembers were free to disagree. Councilmember Johnson said she agreed with Councilmember Preus' comments, and that the statute remains unclear on interpretation. Mr. Mayor Tierney said she would like to see a more timely coverage of city news, and would like to move a decision on designating an official newspaper along with considering a Tuesday council meeting date to the January 22 Council meeting to see if The Lakeshore Weekly News office steps up activity. Councilmember Spigner said she was concerned that the intent of the newspaper was not enough to meet the statutory requirements of a secondary office. Councilmember Black said she had doubts about the operation of a second office. She said she would consider circulation figures of the newspapers and the offer of the low bid as well. Representatives of The Weekly News distributed cards containing the Harbor Lane office address and phone number to Councilmembers. Councilmember Johnson asked what would have happened if someone had dialed the number on the card a day earlier. Mr. May said a computer consulting firm probably would have answered, because The Weekly News staff phone was not in place yet. He said that the two companies would share the office suite. MOTION was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 97-35 DESIGNATING THE PLYMOUTH SUN SAILOR AS THE CITY'S OFFICIAL NEWSPAPER FOR 1997. Councilmember Black said she supports the resolution because she is interested in saving money, and in getting information to residents in the best manner and through the largest circulation newspaper. She said she would consider the issue next year after seeing if The Weekly News has Regular Council Meeting January 8, 1997 Page 10 increased its circulation in Plymouth and has a fully functioning Plymouth office. Councilmember Spigner said she fully concurred with Councilmember Black's comments. Mayor Tierney asked Peter May about the effectiveness of increasing circulation through subscriptions. He said the cost of home delivery requires some sort of charge to a subscriber, and that the Sun Sailor costs were higher than his own newspaper costs. He said his philosophy of distribution was different from the Sun Sailor. He said that legal notices are not generally earthshaking notices, and that he did as good a job as any newspaper in getting that information to people who need to receive it. Councilmember Preus stated he planned to vote against the motion. He said that he believed that The Weekly News may qualify with a secondary newspaper office in Plymouth, even if it narrowly complies with the law. He stated he would feel uncomfortable if the Council did not award the official newspaper designation to The Weekly News. Mayor Tierney asked for advice on whether delaying the designation would give the Council a greater comfort level. Manager Johnson said that they would then have to make the effective date later to allow lead time for giving notice of meetings. Councilmember Johnson said she agreed with Councilmember Preus. She said looking at circulation is very important, but she would rather comply with the letter of the law, and believed that The Lakeshore Weekly News has met that. Councilmember Bildsoe said he was concerned with circulation, but that waiting to vote would make it foregone conclusion that The Weekly News has complied with the letter of the law. He said he would give his support to the motion. Councilmember Preus agreed that circulation was an important issue, but he said in reading the statute, he could not give circulation consideration. Mayor Tierney reminded Councilmembers that The Weekly News publication date is Thursday, and to remember to consider meeting dates. She stated she liked the idea of timely news. She said there is some merit if the Council selects a meeting date to get information out in a timely manner. Motion carried, Bildsoe, Wold, Spigner and Black, ayes; Johnson, Preus and Tierney, nays. Regular Council Meeting January 8, 1997 Page 11 MOTION was made by Councilmember Wold, seconded Mayor Tierney, to adopt RESOLUTION 97-36 ESTABLISHING THE 1997 REGULAR CITY COUNCIL MEETING DATES. Motion carried, seven ayes. Item 9-a Adopt Pro -Plymouth Pledge Mayor Tierney said that the Council has reaffirmed the Pro -Plymouth Pledge for the past three years without any changes. She said Councilmember Preus had introduced a line change and a deletion for Council consideration, and she had proposed some changes. She was amenable to removing it from the agenda for discussion by Councilmembers at the time when goals and objectives are discussed. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-37 ADOPTING THE PRO - PLYMOUTH PLEDGE ALTERNATIVE 1. Councilmember Preus said he welcomes more discussion about the Pro - Plymouth Pledge, and it can be improved. He said he tried to make Alternative 1 more explicit as well as more broad. He said it emphasizes maintaining the discussion of issues and their merits, not people or motives or personalities. He recommended immediate passage and reaffirmation, and to bring it up later, if Councilmembers wish. He asked that it be displayed in a public area of City Hall. Councilmember Johnson asked for discussion of the Pledge and to work on it as a group. She asked to include it in another meeting, such as part of the goals & objectives planning session. Councilmember Wold commended the work on the Pledge and said he appreciates comments but now is the time to make the pledge fit the present Council. He appreciates Councilmember Preus' adjustments and the addition of new paragraph 2. Councilmember Wold read the new paragraph 2. He said the Pledge looks simple enough, but it really is not a simple document. He apologized for any mistakes in adhering to the Pledge in the past. Mayor Tierney said the Pro -Plymouth Pledge was developed to get the Council to move from rancorous and bitter discussions, and it has been successful at that. She said it should not be adopted for light reasons. She said she is not sure the name is appropriate, and that she found the Preamble troubling. She wants residents to see it when they come to City Hall, and to understand that full and open debate is welcome. Mayor Tierney recommended not approving either alternative proposed, but to approve the Pro -Plymouth Pledge as it has stood, and discuss the Pledge at the upcoming goals and objectives session. Regular Council Meeting January 8, 1997 Page 12 Councilmember Spigner said she has no problems with changing some words, but that she opposes changing the intent of the Pledge. She said she wanted to adopt the current Pledge at this meeting. Councilmember Johnson said she would vote against the motion. She said she wants to approve the current Pledge and to make amendments together as a group. Motion was made by Councilmember Spigner, seconded by Councilmember Black to call the question. Motion carried, seven ayes. Main motion carried five ayes, Councilmembers Johnson and Spigner nay. Motion was made by Mayor Tierney, seconded by Councilmember Preus to place the Pro -Plymouth Pledge on the agenda of the goals and objectives meeting for discussion by the full Council. Item 9-A Appointments to Boards and Commissions Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 97-38 APPOINTING INDIVIDUALS TO FILL VACANT TERMS ON VARIOUS BOARDS AND COMMISSIONS. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 97-39 APPOINTING INDIVIDUALS TO FILL VACANT TERMS ON THE PLANNING COMMISSION. Assistant City Manager Lueckert presented the list of commission appointments. Mayor Tierney pointed out that the Planning Commission appointments would take place immediately, due to vacancies made by the election of their members to the City Council. She said all other commission and board seats would take effect February 1. Councilmember Wold thanked applicants. He said it was a talented group, and it was difficult to choose appointments. Mayor Tierney said there were many well qualified people interviewed. She said applications will be kept on file so that they may be reviewed if a vacancy should occur on a board or commission. Councilmember Spigner stated that those interested in the community policing program will be contacted to help develop that commission in the near future. Regular Council Meeting January 8, 1997 Page 13 Councilmember Preus said developing a recommendation was not an easy task, and there were not enough vacancies on the boards and commissions for all who applied. Motion carried, seven ayes. Item 9-B APPOINT COUNCIL COORDINATING REPRESENTATIVES AND REPRESENTATIVES TO OTHER AGENCIES Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 97-40 DESIGNATING APPOINTMENTS FOR 1997 FOR COUNCIL COORDINATING REPRESENTATIVES AND OTHER BOARDS AND COMMISSIONS. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 97-41 DESIGNATING APPOINTMENTS FOR 1997 FOR COUNCIL COORDINATING REPRESENTATIVES AND OTHER BOARDS AND COMMISSIONS. Councilmember Preus suggested passing the resolution and later designating sub -committee chair positions. Mayor Tierney said the Minor Collector sub -committee had no names, and was comprised of the ward member from an area affected and an at -large member. Councilmember Preus offered to take west side issues. Councilmember Johnson agreed to take east side issues. Motion carried, seven ayes. Councilmember Preus said sub -committee meetings can wander and become irrelevant, and meetings can become tense because of the issue or who it may be offending in the community. He said it is helpful to have one person designated to take charge. Mayor Tierney asked if chairs should be selected by the Council or if each group should appoint its own chair. Councilmember Preus said having the Council do it is probably preferable under Robert's Rules of Order. Councilmember Wold cited the passage from Robert's Rules of Order. He read that a committee has the right to use the first name on the roster as chair to call meetings if a chair is not selected by the full council. Mayor Tierney said she preferred to leave selection up to the committees. Regular Council Meeting January 8, 1997 Page 14 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe to direct each committee, as its first order of business, to elect a chair. Motion carried, seven ayes. Motion was made by Councilmember Wold, seconded by Councilmember Preus, to remove all inactive committees except for the open space committee. Mayor Tierney asked for clarification on the definition of a dormant advisory board versus an inactive one. Councilmember Wold stated that an inactive board such as the Open Space Committee has unfinished business that may come up again soon. He said he wanted the Council to make a clean break from earlier council. He said Council can form a task force if it feels an issue needs study. He said as an example, the Council may re-create a senior community center facility committee. Motion carried, seven ayes. Manager Johnson said the Council needs to confirm the coordinating representative to the Open Space Committee. Mayor Tierney called for volunteers. Councilmember Black said that she would like to remain on the committee. Councilmember Bildsoe asked to remain on as well. The Council unanimously supported Councilmembers Black and Bildsoe as coordinating representatives to the Open Space Committee. Item 9-C Appointment Of Deputy Mayor MOTION was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 97-42 APPOINTING DEPUTY MAYOR FOR 1997, APPOINTING TIM WOLD. Motion carried, seven ayes. Item 9-E Report on Charter Commission Terms of Office Assistant Manager Lueckert reported on the January 6, 1997 Charter Commission meeting to review recommendations to Judge Mabley regarding Commissioner terms. She said the Commission considered a way to comply with state statutes. Three members volunteered early vacancy in June, 1997. Two current vacancies would be filled with terms to end in 2001. Two Commissioners volunteered to shorten their terms and to seek reappointment to new terms. Assistant Lueckert said the plan will be sent to Judge Mabley, who will make appointments later in the year, for terms to begin in June, 1997. Regular Council Meeting January 8, 1997 Page 15 Councilmember Spigner asked how the Judge would get names of new appointments. Assistant Manager Lueckert said that he authorizes the City to advertise the vacancies. Letters of interest will be forwarded to the Judge, and he will make the appointments, based on those who he feels are best suited for the positions. She said the Judge has agreed to work with the City's proposed time line. Motion was made by Mayor Tierney, seconded by Councilmember Preus, to accept the report of the Charter Commission recommendation to Judge Mabley to correct charter commission terms of office. Motion carried, seven ayes. Item 9-F Establishment of a City Council Sub -Committee for Transit Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-43 ESTABLISHING A CITY COUNCIL SUB -COMMITTEE TO REVIEW TRANSIT ISSUES. Councilmember Wold recommended that Mayor Tierney and Councilmember Bildsoe serve on the sub -committee. They consented. Mayor Tierney asked for other volunteers. Councilmember Johnson and Councilmember Black consented to serve on the sub -committee. Motion carried, seven ayes. Item 6-W Award of Ice Arena Scoreboards Bid Councilmember Wold said he requested removal of the item from the consent agenda because a new resolution had been given the Council with an increase in the bid figure. Park Director Blank said there had been a misunderstanding about who would pay for artwork on the scoreboard sign. He said it was clarified that Midwest Bottling would provide the artwork, but that Aim Electronics would apply the artwork on the scoreboard sign. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt RESOLUTION 97-44 AWARDING SCOREBOARD CONTRACT. Motion carried, seven ayes. Item 9-H (6-G) Final Payment Request - City Center Expansion Project No. 126 Councilmember Bildsoe said he requested removing this item from the consent agenda because he wanted a guarantee that the public address systems and the sound system in the council chambers were satisfactorily completed. Regular Council Meeting January 8, 1997 Page 16 Manager Johnson said that the City Center is a separate issue from the Council Chambers remodeling. He said that staff is working toward corrections and a resolution could come as early as the next Council meeting. MOTION was made by Councilmember Bildsoe, seconded by Councilmember Wold, to adopt RESOLUTION 97-45 APPROVING FINAL PAYMENT TO LUND-MARTIN CONSTRUCTION COMPANY FOR CITY CENTER EXPANSION PROJECT NO. 126. Motion carried, seven ayes. Item 6-S-1 Plymouth Environmental Fair Item 6-S-2 Plymouth Business Environmental Partnership (PBEP) Item 6-S-3 Native and Aquatic Landscape Project Councilmember Black said she requested removal of the three items from the consent agenda to call attention to the activities and effectiveness of the Environmental Quality Board. She said the group has been moving on a number of fronts, and she expects the Council will need to continue receiving needed budget recommendations from the Board. She said the Environmental Quality Board will continue meeting in the community, including meetings with a master gardener who may work with the Parks Department to provide instructional plaques along City trails. MOTION was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the proposed plans for Plymouth's Second Environmental Fair. Motion carried, seven ayes. MOTION was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the proposed activities of the Plymouth Business Environmental Partnership (PBEP). Motion carried, seven ayes. MOTION was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the proposed activities of the Native and Aquatic Landscape Project. Motion carried, seven ayes. MOTION was made by Councilmember Wold, seconded by Councilmember Spigner, to adjourn the meeting at 9:04 P.M. Motion carried, seven ayes. f. Kurt Hoffm' eputy City Clerk it