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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