HomeMy WebLinkAboutCity Council Minutes 12-03-1997MINUTES
REGULAR COUNCIL MEETING
DECEMBER 3. 1997
A regular meeting of the Plymouth City Council was called to order by Acting Mayor
Wold at 7:22 p.m. in the Council Chambers, 3400 Plymouth Blvd., on December 3, 1997.
COUNCIL PRESENT: Councilmembers Bildsoe, Johnson, Preus, Spigner, Black, and
Acting Mayor Wold.
ABSENT: Mayor Tierney.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Park Director
Blank, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Knutson,
and Deputy City Clerk Hoffman.
Item 3 Plymouth Forum
Chuck Lymangood, 11780 40th Place N., stated that he strongly objected to a
memo which was submitted by Mayor Tierney at the December 2 Plymouth
Charter Commission meeting, as well as the Charter Commission's
unwillingness to allow him to publicly debate or speak. He thanked
Councilmember Johnson for gaining permission for him to speak at that
meeting. He objected both to the tone taken in the Mayor's memo, and that the
memo was not made available to the general public at the beginning of that
meeting, which he said was a violation of the open meeting law. He reviewed
the Pro -Plymouth Pledge and asked Councilmembers to consider how the
Mayor's memo fits within the guidelines established by the Pledge. He called
the memo an assault on his character and said he would return at a future
meeting to further discuss the matter in the Mayor's presence.
Kurt Errickson, representative for the Plymouth Maintenance Workers,
AFSCME Local 3445. He expressed concerns about the City's commitment to
use Sentence To Serve workers and ICWC workers to provide City services.
He said that the union supports the rights of prisoners to seek rehabilitation
through programs like Sentence To Serve; however, he questioned whether
prisoners should be working in City hockey rinks and parks. He also
expressed a concern that these workers do the same work that union members
are hired to do, which could lead to further contracting out of services in lieu
of union positions. He said the union members feel there has been a
breakdown of communications between the City management and workers.
While management has listened throughout the discussions, no change has
been made in the work release program. He asked for the City Council to seek
a compromise on the issue.
Regular Council Meeting
December 3, 1997
Page 2
Item 5 Approve Agenda
Councilmember Spigner requested the addition of a discussion with Chuck
Lymangood regarding his Forum statements.
Councilmember Black requested the addition of a discussion with AFSCME
Representative Kurt Errickson about the Sentence To Serve program.
Councilmember Johnson asked the City Attorney to comment on whether the
Council should discuss the Sentence To Serve program since labor
negotiations are underway.
Attorney Knutson said that it would be most appropriate to keep the
discussion of the labor management agreement with the negotiating team.
Councilmember Johnson said she would like clarification of their position.
Councilmember Johnson requested the addition of a report on a December 3
School District 281 meeting she attended.
Councilmember Black requested the addition of information on recently
released water quality articles.
Motion was made by Councilmember Preus, seconded by Councilmember
Johnson, to approve the agenda as amended. Motion carried, six ayes.
Item 6 Consent Agenda
The minutes of the November 12, 1997 special meeting were removed from
the Consent Agenda. Items 6-13, 64, 6-K were also removed from the Consent
Agenda.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt the Consent Agenda as amended. Motion carried, six ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to approve the minutes of the November 5 and November 19 Regular
Meetings. Motion carried, six ayes.
Regular Council Meeting
December 3, 1997
Page 3
Item 6-C Final Plat for North Country Estates (97023F)
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-721 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR NORTH COUNTRY
PROPERTIES FOR NORTH COUNTRY ESTATES LOCATED
SOUTH OF SOUTH SHORE DRIVE, EAST OF THE CITY OF
MEDICINE LAKE AND WEST OF BASSETT CREEK (97023F).
Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-722 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 8002, WATERMAIN AREA, NORTH COUNTRY
ESTATES. Motion carried, six ayes.
Item 6-D Preliminary and Final Plat for Plymouth Station (97145)
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-723 APPROVING PRELIMINARY
AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR HANS
HAGEN HOMES, INC. FOR PLYMOUTH STATION FOR
PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF
HIGHWAY 55 AND COUNTY ROAD 24 (97145). Motion carried, six
ayes.
Item 6-E City Purchases Under State Statutes
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-724 ADOPTING THE STATE OF
MINNESOTA STATUTE 471.345 FOR ALL CITY PURCHASES.
Motion carried, six ayes.
Item 6-F Encroachment Agreement for Deck Construction at 15165 40" Avenue
North and 3949 Orchid Lane North
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-725 APPROVING
ENCROACHMENT AGREEMENT FOR DECK CONSTRUCTION AT
1516540TH AVENUE NORTH AND AT 3949 ORCHID LANE NORTH.
Motion carried, six ayes.
Item 6-G Final Plat and Development Contract for Pike Lake Woods (97079F)
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-726 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR PIKE LAKE WOODS, INC.
FOR PROPERTY LOCATED NORTH OF BASS LAKE ROAD, EAST
OF HEMLOCK LANE, WEST OF ZACHARY LANE, AND SOUTH OF
EAGLE LAKE REGIONAL PARK (97079F). Motion carried, six ayes.
Regular Council Meeting
December 3, 1997
Page 4
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-727 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 8003, SANITARY SEWER AND WATERMAIN
AREA, PIKE LAKE WOODS ADDITION. Motion carried, six ayes.
Item 6-H Lot Consolidation at 3050 Larch Lane North (97167)
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-728 APPROVING LOT
CONSOLIDATION FOR PROPERTY LOCATED AT 3050 LARCH
LANE NORTH (97167). Motion carried, six ayes.
Item 6-J 1998 City Council Regular Meeting Schedule
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-729 ESTABLISHING THE 1998
REGULAR CITY COUNCIL MEETING DATES. Motion carried, six
ayes.
Item 6-L Reduction in Required Financial Guarantee
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-730 REDUCING REQUIRED
FINANCIAL GUARANTEE, ORCHARDS OF PLYMOUTH
ADDITION (94050). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-731 REDUCING REQUIRED
FINANCIAL GUARANTEE, SHORES OF KRAETZ LAKE ADDITION
94135). Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-732 REDUCING REQUIRED
FINANCIAL GUARANTEE, JARNES ADDITION (95129). Motion
carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-733 REDUCING REQUIRED
FINANCIAL GUARANTEE, TYLERS UPLAND ADDITION (96035).
Motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-734 REDUCING REQUIRED
FINANCIAL GUARANTEE, EVERGREEN KNOLL ADDITION
96041). Motion carried, six ayes.
Regular Council Meeting
December 3, 1997
Page 5
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-735 REDUCING REQUIRED
FINANCIAL GUARANTEE, ORCHARDS OF PLYMOUTH 2ND
ADDITION (96093). Motion carried, six ayes.
Item 6-M Payments for 1996 Street Reconstruction Project, Project 6002
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-736 REQUEST PAYMENT NO.6
AND FINAL, 1996 STREET RECONSTRUCTION PROJECT, CITY
PROJECT NO. 6002. Motion carried, six ayes.
Item 6-N Ice Center — Authorization to Bid Bleachers for Practice Arena
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-737 AUTHORIZING SECURING
OF BIDS FOR THE PURCHASE OF BLEACHERS FOR THE
PLYMOUTH ICE ARENA PRACTICE RINK. Motion carried, six ayes.
Item 8-A Holiday Stationstore Inc. Conditional Use Permit to Extend Hours of
Operation for Stationstore #317 (97154)
Community Development Director Hurlburt stated this item had been tabled
from the November 19, 1997 regular meeting. She presented the staff report
on the request of Holiday Stationstore #317, 2725 Campus Drive, to extend
their hours of operation to 24 hours per day. She said the primary criteria in
considering an extension of hours of operation is the potential for negative
impact on residential use or district. She said the store is approximately 900
feet from the nearest home. The Planning Commission and staff recommend
approval of the request.
Mayor Wold recognized Chuck Munson and Mark Nelson, representing
Holiday Companies, who were present to answer questions
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to adopt RESOLUTION 97-738 APPROVING A CONDITIONAL
USE PERMIT FOR HOLIDAY STATIONSTORES, INC. TO EXTEND
THE HOURS OF OPERATION TO 24 HOURS A DAY FOR THE
HOLIDAY GAS/CONVENIENCE STORE LOCATED AT THE
NORTHEAST QUADRANT OF NORTHWEST BLVD. AND
HIGHWAY 55 (97154). Motion carried: Bildsoe, Preus, Black, and Wold
ayes; Johnson and Spigner nays.
Regular Council Meeting
December 3, 1997
Page 6
Item 8 -B(6 -B) Preliminary Engineering Report for Zachary Lane Improvements,
Project No. 5030
Councilmember Black said she appreciated the content of the report. She
asked if the open house public meeting on the project could be rescheduled to
January 5, 1998, to avoid the holiday season which may prevent resident
participation.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-739 RECEIVING PRELIMINARY
ENGINEERING REPORT, ZACHARY LANE — 36TH AVENUE TO
COUNTY ROAD 10, CITY PROJECT NO. 5030 as amended. Motion
carried, six ayes.
Item 8-C (6-A) Approve Minutes
Councilmember Preus asked who proposed the changes to the draft minutes of
the November 12, 1997 special meeting.
Manager Johnson stated that the City Clerk drafted the changes as suggested
by Mayor Tierney. In response to a question by Councilmember Spigner,
Manager Johnson said it is not abnormal for any member of the Council to
request a change in the draft minutes. He clarified that the second proposed
change (to add the motion second by Councilmember Spigner) originated
from the City Clerk to correct an omission.
Mayor Wold recognized Chuck Lymangood. Mr. Lymangood suggested that
the Council table consideration of the proposed changes until Mayor Tierney
could be present to discuss them.
Councilmember Spigner requested that it be noted that there was Council
discussion on the Wellness Committee Proposal for Employee Fitness
Program.
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to approve the minutes of the November 12, 1997 special meeting,
without the amendment proposed by Mayor Tierney, but including the name
of Councilmember Spigner as the seconder of the motion on page 5, paragraph
6.
Councilmember Preus said that he supports the original draft minutes because
he does not believe the proposed changes are accurate. He would also support
tabling the item until the Mayor is present.
Councilmember Johnson suggested that the Council could also approve the
minutes and reconsider any changes at the next meeting.
Regular Council Meeting
December 3, 1997
Page 7
Chuck Lymangood said that according to Roberts Rules of Order, once
minutes are adopted, they cannot be changed. He again suggested that the
approval of the November 12 minutes be postponed until Mayor Tierney is
present.
Motion was made by Councilmember Johnson, seconded by Councilmember
Spigner, to postpone the approval of the November 12 minutes to January 7,
1998. Motion carried, six ayes.
Item 9-A Discussion of Chuck Lymangood's Forum Comments
Motion was made by Councilmember Spigner, seconded by Councilmember
Black to table this item until the January 7, 1998 regular meeting. Motion
carried, six ayes.
Item 9-b Discussion of Sentence To Serve Program
Councilmember Black asked if AFSCME Representative Kurt Errickson has a
suggestion of appropriate jobs for Sentence To Serve workers and whether
any regular City workers have been displaced as the result of this program.
Mr. Errickson responded that there may be appropriate jobs for these workers.
However, he does not believe they should be working in parks and hockey
rinks. He said that state law prohibits the displacement of regular, full-time
employees through the use of workers in this program. He said that the
union's fear relates to the example that the Sentence To Serve Program
provides and the concern that the City may choose to contract for certain
maintenance services in the future. City employees have observed behavior
by the workers that is not a good representation of the City.
Councilmember Spigner said that the ICWC contract includes a provision that
union work cannot be done by these workers. Under 18 months of the
program in Plymouth, she is unaware of any negative incidents relating to
these workers. This is an intensive program that includes restitution to
victims.
Mr. Errickson said that he was unaware of this provision, and these workers
are currently doing duties that are similar to duties performed by union
workers.
Councilmember Johnson asked the Public Safety Director to comment about
any safety concerns with the program.
Regular Council Meeting
December 3, 1997
Page 8
Public Safety Director Gerdes said that there have no reported incidents
relating to the ICWC workers, and.he is unaware of any negative incidents by
these workers that would reflect poorly on the City.
Park Director Blank said there may have been a couple of incidents of
inappropriate behavior by these workers, but he has not been directly informed
of any.
Item 9-C (6-I) Establish Topics for December 10, 1997 City Council Study Session
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-740 ESTABLISHING THE
FOLLOWING TOPICS FOR THE DECEMBER 10, 1997 CITY
COUNCIL STUDY SESSION: DISCUSSION OF STREET
ASSESSMENT POLICY; CONSIDERATION OF PROPOSED STOP
SIGN POLICY; CONSIDERATION OF COUNCIL CONFERENCE
AND TRAINING BUDGET; AN UPDATE ON CITY COUNCIL
GOALS AND PRIORITIES; AND A DISCUSSION OF LABOR
NEGOTIATIONS.
Manager Johnson suggested the addition of an item on the City's reserve
funds and implications for long-term fiscal planning.
Motion was made by Councilmember Spigner, seconded by Councilmember
Johnson, to amend the meeting agenda to add discussion of the City's reserve
funds and implications for long-term fiscal planning. Motion to amend
carried, six ayes.
Councilmember Preus requested that the discussion of the status of labor
negotiations include a review of the work release program.
Motion carried, six ayes.
Item 9-1) Report on School District 281 Meeting
Councilmember Johnson reported on a School District 281 meeting that she
had attended earlier in the day.
Item 9-E Water Management Policies Information
Councilmember Black provided materials relating to water management and
asked staff to distribute copies as requested.
Item 9-F (6-K) Employee Fitness Incentive Program for 1998
Mayor Wold recognized Chuck Lymangood. Mr. Lymangood said that the
staff report omitted the fact that employee benefits for health purposes were
part of the Attorney General's report and critique of past City of Plymouth
Regular Council Meeting
December 3, 1997
Page 9
practices. He said that all full-time and part-time employees, including
Councilmembers, could receive these benefits as proposed, and he requested
that the item be tabled until all Councilmembers are present.
Motion was made by Councilmember Black, seconded by Councilmember
Spigner, to postpone consideration of the Employee Fitness Incentive Program
to January 7, 1998.
Councilmember Spigner asked whether the issue should be added to the
December 10 Study Session.
Councilmember Black said the December 10 agenda is quite full. She is
uncomfortable with the proposed program and has asked staff to investigate
the use of this program in the private sector. She was unaware that the
Council would be eligible for the program, and she would not support
extension to the Council
Councilmember Spigner asked whether the Council needs to act on the
program prior to 1998. Manager Johnson responded no.
Councilmember Preus supported the motion to table and would like the issues
raised by Mr. Lymangood addressed on January 7. He also requested a copy
of the State Auditor's report.
Motion to postpone carried, five ayes; Councilmember Johnson nay.
Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to
adjourn the meeting at 8:22 p.m. Motion carried, six ayes.
Kurt Hoffi#dh
Deputy Cfty Clerk