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HomeMy WebLinkAboutCity Council Minutes 07-20-1992MINUTES REGULAR COUNCIL MEETING JULY 2011992 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers ofthe City Center, 3400 Plymouth Blvd., on July 20, 1992. PRESENT: Mayor Bergman, Councilmembers Edson and Vasilind ABSEN' T: Councilmembers Helliwell and Tierney STAFF PRESENT: Assistant City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes. Park and Recreation Director Blank, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A PROCLAMATION FOR NATIONA NIGHT OUT Mayor Bergman presented a proclamation for National Night Out on August 4, 1992, to Police Officer Forslund, McUP.4, and Public Safety Directur Gerdes. ITEM 5 APPROVE AGENDA Assistant Manager Boyh.s stated that a 415 vote is required for approval of three items on the agenda: 6-C, 6-D, and 7-B. He recommended that these items be deferred to the August 3 meeting since only three counril members are drescnt MOTION was made by Councilmember Edson, seconded by Mayor Bergman to approve the agenda, deferring Items 6-C, 6-D, and 7-B to August 3. Motion carried, three ayes. Councilmember Vasiliou stated that staff should notify petitioners and the other Criuncilmembers if it is known twat a full Council wdl not he present ITEM 6 CONSENT AGENDA items t -B and 64 were removed from tht. Conwr•: Agenda MOTION was made by Councilmember Vasiliou, secindee by Councilmember Edson, to approve the Consent Agenda as amended Motion carried on a roll call vow. three avis Regular Council Meeting July 20, 1992 Page 249 ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to approve the minutes of July 6, 1992 Motion carried on a roll call vote, three ayes. ITEM 6-B DISBURSEMENTS FOR PERIOD ENDING JUNE 30, 1992 Councilmember Vasiliou stated she has several questions on the disbursements that she will refer to the Finance Director in writing. She specifically noted a payment to Attorney Steve Tallen and asked whether this bill was reviewed by the City Attorney. She also asked the Council's role in approving the disbursements since the payments have already been made to the vendors. Finance Director Hahn stated it has been the Council policy to approve the disbursements after the fact, with the understanding that since the funds vere budgeted, authority was given to expend them He stated staff could contact a rec-pient and ask that a check be returned. Assistant Manager Boyles stated that a portion of the Tailen bill walc a court ordered settlement. The Council directed that any bills for Steve Tallen be forwarded to the City Attorney for approval before payment, in addition to bills to Holmes and Graven Charter Commission bills should be paid promptly without being referred to the City Attorney.. Councilmember Edson stated that it is important for City Attornev Meller to be aware of the amount of time being expended on cases still handled by Tallen and Holmes and Graven MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-418 APPROVING DISBURSEMENTS FOR THE PCRICU ENDING JUNE 301 IVQ2 Motion carried on a roll call vote, three ayes. ITEM 6-l' MINNEGAS O -AMENDED PUD PLAN AND CUP (910491 The Council deferred this item to August 3 hcctture a I v \ ote is needed for adoption Regular Council Meeting July 20, 1992 Page 250 ITEM 6-1) U.S. HOMES CORP. AMENDED PUD PLAN AND CUP (92050) The Council deferred this item to August 3 because a 4/5 vote is needed for adoption. ITEM 6-E RELEASE OF SITE PERFORMANCE AGREENIE MOTION was made by Councihnember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-419 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR MINNESOTA EQUAL ACCESS NETWORK SERVICE LOCATED AT THE NORTHWEST CORNER OF 6TH AVENUE NORTH AND REVERE LANE (91067). Motion carried on a roll call vote, three ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-420 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR MORTENSON DEVELOPMENT CORPORATION FOR EDINA REALTY BUILDING LOCATED AT 4425 HIGHWAY 169 (87120). Motion carried on a roll call vote, three ayes. MOTION was made by Councilmember Vasiliou, seconded bN Councilmember Edson, to adopt RESOLUTION 92-421 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR HOLLYDALE GOLF, INC LOCATED AT 4710 HOLLY LANE. NORTH (91073) Motion carried on a roll call vote, three eves ITEM 6-F SFT PUBLIC HEARING FOR ON -SALE LIQUOR LICENSE FOR BLUE WAV F' VENTURES, INC. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-422 SETTING PUBLIC HEARING ON ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE APPLICATIONS FOR BLUE WAVE VE:NTIIRES, INC., Dili/A GREEN MILL PL.YMoUTII Motion carried on a roll call vote, three ayes. Regular Council Meeting July 20, 1992 Page 251 ITEM 6-G TEMPORARY 3.2 LIOUOII LICENSE FOR PLYMOUTH LIONS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92423 APPROVING TEMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. Motion carried on a roll call vote, three ayes. ITEM 6-H REVISING PRECINCT BOUNDARY MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92424 REVISING PRECINCT PLAN FOR THE CITY OF PLYMOUTH. Motion carried on a roll call vote, three ayes. Assistant Manager Boyles explained the required revision in precinct boundaries will affect Precincts 13, 14, and 15. All registered voters in these precincts will be notified )f their precinct and polling location, along with all other voters in the City ITEM 6-1 CHANGE ORDER NO. 1. PUBLIC SAFETY BUILDING MOTION was made by Councilmember Vasihou, seconded by Councilmemoer Edsov+, to adopt RESOLUTION 92-425 APPROVING CHANGE ORDER NO. I, CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECTN0. 017. Motion carried on a roll call vote, three ayes. ITEM 6-1 AUTHORIZATION TO NEGOTIATE FOR PARK LAND IN THF VICINITI' OF FERNBROOK LANE AND tI Y ROAD 9 Councilmember Vasihou stated the City Manager had been directed to work with the City Attorney with respect to real estate purcl ases for park land. She asked if the Attorney has been involved in the proposed negotiation for park Innd in the vicinity of Fernbrook Lane and County Road 9 Park anu Recreation Director Blank stated the next step would be to acquire an appraisal. The Attorney would then be provided with that data. 0 e Regular Council Meeting July 20, 1992 Page 252 Councilmember Vasiliou stated she would like the Attorney involved from the beginning of the process. Attorney Meller suggested that Director Blank meet with an attorney in his office to develop a plan for this and future acquisition projects MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-426 AUTHORIZING NEGOTIATIONS, with the Cite Attorney to be involved through the entire process on this and future park land acquisitions. Motion carried on a roll call vote, three ayes. ITEM 6-K AUTHORIZATION TO CONSTRUCT TEMPORARY TRAIL. WEST MEDICINE LAKE DRIVE MOTION • vas made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-427 AUTHORIZING FUNDING FOR WEST MEDICINE LAKE DRIVE TRAIL. Motion carried on a roll call vote, three ayes. ITEM 6-L AWARDING BID. BRIDLEWOOD FARM 2ND ADDITION, PROJECT 206 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-428 AWARDING BID, BRIDLEWOOD FARM 2ND ADDITION, CITY PROJECT NO. 206. Motion carried on a roll call vote, three ayes ITEM 6-M INSTALLATION O.4 STOP SIGNS MOTION was made by Councilmer~ber Va:iiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-429 INSTALLATION OF STOP SIGNS, on 24th Avenue for westbound traffic at Fountain Lane. Motion carried on a roll call vote, three ayes. Regular Council Meeting July 20, 1992 Page 253 ITEM! 6-N RECEIVE PETITION, ACCEPT ENG. REPORT AND ORDER STREET LIGHTING FOR SEVEN PONDS 4TH ADDITION MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-430 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - SEVEN PONDS FOURTH ADDITION. Motion carried on a roll call vote, three ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-4.J1 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, SEVEN PONDS FOURTH ADDITION. Motion carried on a roll call vote, three ayes. ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-432 REDUCING DEVFLOPMENT BOND, TYRELL FIFTH ADDITION (87029). Motion carried on a roll call vote, three ayes. MOTION was made by Councilmembe- Vasiliou, seconded by Councilmember Edson, to 3 iopt RESOLUTION 92-433 REDUCING DEVELOPMENT BOND, DEERWOOD TRAIL, ADDITION (88016). Mo•ion carried on a roll call vote, three ayes ITEM 7-&.--C.HARTER COMMISSION BUDGET - PROMOTIONAL !COSTS AND LEGAL SERVICES Assistant Manager Boyles described the efforts proposed by the Chatter Commission to publicize the proposed Charter. The following items are included in the Communications budget. Plymouth News articles, Sun/Sailor articles, letters to homeowner associations, cable TV charges. cable TV program, sewer and water bill message, public meetings, telephone comment line, news releases The Charter Commission tequests the addition of 2,8011 to the budget for a mailing to residents. A 11" x 17" insert in the Plymouth News is proposed Far the mailing. Regular Council Meeting July 20, 1992 Page 254 Councilmember Edson stated that City funds should not be used to promote a position on the proposed Charter. tie suggested that the piece contain only facts about the proposed Charter, similar to a format recently used in a City of Minnetonka Charter amendmentquestion. The piece should describe how the Charter would change the way the City conducts its business. It should also discuss each major issue in the proposed Charter. Mayor Bergman stated the publicity should encourage residents to vote, but agreed that it should not promote a position either for or against the proposed Charter. He stated that the City Council should review all proposed articles for the Plymouth News before they are printed. Councilmember Vasiliou stated that all publicity should contain the "disclaintar" that the City Council and the Charter Commission are unrelated entities. Assistant Manager Boyles stated that language was included in the most recent Plymo,ith News article and will be used on all future publicity pieces. MOTION wes made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-434 AUTHORIZING AN ADDITIONAL • BUDGETARYALLOCATIONFORTHEPLYMOUTHCHARTERCOMMISSION, to the amot nt o` 2,800 for an 11" x 17" insert in the Plymouth News. The insert is to be in a factualunbiasedformat. This and all future publicity efforts should include a disclaimer that the Charter Commission is an entity separate from the City Council; and should encourageresidentstovoteontheissuebutnottakeaposition. This publicity piece and futurePlymouthNewsarticlesabouttheproposedChartershouldbesubmittedtotheCouncil for review prior to publication Charter Commissioner P tuline Milner agreed with the Council's motion She stated thateachCouncilmemberan6eachCharterCommissioncanhaveapersonalopinionabouttheproposedCharter, but the Council as a whole should not take a position on it. Motion carried on a roll call vote, three ayes. I he Council deferred this item to August 3 because a 46 , me is needed for apnroval Regular Council Meeting July 20, 1992 Page 255 ITEM 7-C CARLSON REAL ESTATE COMPANY. CUP AND VARIANCE TO ALLOW BANNERS ATTACHED TO STREET LIGHT POLES IN CARLSON PARKWAY Community Development Director Dillerud stated the Planning Commission, on a vote of 3-2, recommended denial of the request of Carlson Real Estate Company to install permanent banners to the light poles in Carlson Parkway between the south City limits and Gleason Lake Drive. Each banner would be 90 inches long and 30 inches wide. The Planning Commission's finding was that the Conditional Use Permit would not comply with the ordinance standards, specifically the standard regarding impact on ac joining property values. Staff has previously recommended approval of this request for a limited time period (2 years). Subsequent to the Planning; Commission hearing, Carlson Real Estate Company has submitted art appraisal to courier the claim that adjoining property values would be impacted by the banners. A representative of Carlson Real Estate Company was present to answer questions. Councilmember Vasiliou stated the Minnetonka Council is currently discussing the banners. The two cities should be consistent on this issue MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to defer the request of Car Ison Real Estate Company for a Conditional Use Permit and Variance to allow banners to be attached to street light poles in the median of Carlson Park -way 92048) until the Minnetonka City Council decision k made on this issue. Motion carred on a roll call vote, three ayes ITEM 7-D PROPOSED AMENDMENTS TO LIQUOR ORDINANCE AND POLICY Assistant Manager Boyles stated staff has been approached by on -sale liquor operators with respect to three issues The first relates to allowing mechanized liquor service in hotelrooms Representatives of Radisson Conference Center have inquired about the possibility of insta ling mechanized " mini -bars" in hotel rooms. The City Attorney has drafted an ordinance for Council consideration to accomplish this. The proposed ordinance provides that liquor service in hotel rooms could occur only in locations defined as hotels where food is served in the moms The liquor sales must be for on -sale purposes and application for such service must provide a descr iption of the location and number of guest rooms in which such service is av,ttlhble. The nechanical dispensing system must be approved by the State Liquor Control Commissioner. Regular Council Meeting Jul. 20, 1992 Page 256 A representative of Broadway Station Pizza has requested that the Council consider a second issue: allowing the sale of intoxicating malt liquors as part of on -sale wine licensing. Currently, a wine licensee is only eligible to apply for a 3.2 malt liquor license. Under State Statute, the city may allow the sale of intoxicating malt liquor to be sold as part of the wine license. Thirdly, a representative of Ivories Restaurant has asked that the Council consider allowing them to serve liquor in the courtyard area of Waterford during non -business hours in conjunction with private w0ding receptions. The City Attorney has reviewed the city code and statutes with respect to this request and concluded there is nothing which would prohibit the request. The issue is whether the Council, as a policy matter, desires to allow this request. Councilmember Edson stated that with respect to m,-chaaice•I liquor service in hotel rooms, the State Liquor Control Commissioner will only approve equipment that can be locked up during hours in which liquor sales are prohibi,ed Councilmember Vasil;ou expressed concern about how a hotel %% could regulate sale of alcohol to minurs when a mechanized device is available. Counciln.ember Edson stated the State assumes that the individual renting the room is at least 21 years old. He stated that if the mechaiuzed deices are allowed, the Council should place a requirement on the hotel that individuals are "carded" to ensure they are of legal drinking age if they rent one of the rooms where a device is located. Councilmembers Edson stated he does no' support allowing the sale of intoxicating malt liquor when a wine license and nonintoxicr ting malt liquor licenses are held because of most of the businesses holding a wine license are "family -type" establishments. The Council discussec the policy question of whether to allow liquor sales outside of the primary premises for wedding receptions, etc. A comparison of the Ivories site was made to the Carlson Center in Minnetonka where liquor is allowed for these type of events. Councilmember N asiliou stated there is a great difference between the sites. The Waterford (Ivories) atrium opens directly into the parking lot where service to minors could be a problem and difficult to regulate. The Carlson Center is an enclosed area with only one access to the parking area which can be monitored Assistant Manager Boyles stated Mr. Jimmy Martin of Ivories Restaurant was unable to attend the meeting. Mr Martin asked that this item be deferred so he could provide input to the Council on his proposal. Assistant Manager Boyles suggested that the Council defer this item and direct the Public Safety Director to meet with Mr Martin to discuss his plan for review and recommendation to the Council The Council asked the Public Safety Director tet respond to the various requests 0 0 Regular Council : Regular Council Meeting July 20, 1992 Page 258 MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to accept the Second Quarter Financial Report Motion carred, three ayes ITEM 7-F APPROVE FINAL PAYMENTS AND ACCEPT PROJECTS MOTION wac made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-435 REQUEST FOR PAYMENT NO.3 AND FINAL, PKIW DEVELOPMENT CORRECTIONS - 6TH AVF\ T NORTH PAVING, CITY PROJECT NO. 111. Motion carried on a roll call vote, three ayes MOTION was made by Councilmember Vasdiou, secondee by Councilmember Edson, to adopt RESOLUTION 92-436 REQUEST FOR PAYMFNT NO.3 AND FINAL, C.S.A.H 10 AND NATRkN LANE, TRAFFIC SIGNAL, CITY PROJECT NO 812. Motion carried on a roll calt vote, three ayes. ITEM 7-G NW 17 TRUNK S.%NITARY SEWER- NORTH OF C.R. 9/WEST OF VICKSBURG LANE Public Works Director Moore presented the staff report on the NW 17 Trunk Sanitary Sewer and recommended that the Council approve revised plans and specifications and order advertisement for bids In addition, the Council should schedule a public hearing for the revised improvement for August 17. MOTION was m ldP by Councilmember Vasiliou, seconded by Councilmembar Edson, to adopt RESOLUTION 92-137 A^PROVING REVISED PLANS AND SPECIFICATIONS AND OR9ERING ADVERTISEMENI FOR BIDS, NORTHWEST -17 TRUNK S kNITARY SEWER, CITY PROJECT NO 040. Motion carried on a roll call vote, three oyes MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-439 CALLING FOR HEARING ON [IMPROVEMENTS, NORTHATST TRUNK SANITARY SEWER, DISTRICT NW -17, CITY PROJECT NO. 040. Motion carried on a roll call vote, three aNes Regular Council Meeting July 20, 1992 Page 259 ITEM 7-H REQUESTS FROM WATER QUALITY COMM ITTEE MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to appoint Councilmember Joy Tierney as the Council Coordinating Representative to the Water Quality Committee. Motion ca. ried, three ayes. MOTION was made by Mayor the letter recommended by the businesses in the Parkers Lake Motion carried, three ayes Bergman, seconded by Councilmember Vasiliou, to accept Watei Quality Committee and to direct staff to mail it to Drainage Basin ITEM 7-1 PLANNING COMMISSION PRIORITIES Assistant Manager Boyles stated that the Planning Commission Chair has requested that the Council advise the Planning Commission of its desired priority for various work tasks previously assigned. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to prioritize the Planning Commission work tasks as follows A. Zoning Ordinance amendments to accommodate transition housing programs such as Interfaith Hospitality Networ% B Amendments to the Planned Unit Development section of the Zoning Ordinance. C Amendments to the sign ordinance, especially with respect to shopping centers and retail commercial activities. D. Recommendations regarding screening of outdoor trash and recycling conta,rers E. Regulations for accessory uses and structures, inchiding recreational vehicles F. Evaluate zoning of "Goff site" for its continued appropriateness Motion r;.ried, three ayes Regular Council Meeting July 20, 1992 Page 260 Assistant Manager Boyles announced the iesignatiot, of Hok; Yin from the Board of Zoning Adjustments and Appeals Tie asked what process the Council wished to use to fill the vacancy. The Council discussed interviewing residents interested in the position who have submitted applications on file. The staff will contact applicants with applications on file to assess their interest and report the results to the Council. ITEM 7-K-1 CITY COUNCIL DIRECTIVES MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to accept the list of pending and completed City Council directives. Motion carried, three ayes. Public Works Director Moore provided an update cn the construction of the Public Works Maintenance building. In response to a question by iviayor Bergman, he stated that 'he Preliminary Engineering Report on Xenium Laner linewuod Lane improvements will be completed in about two weeks. He has contacted the consulting engineer requesting reports on a timely basis. MOTION waq made by Councilmember Vasiliou, seconded by Councilmember Edson, to accept the Capital Improvement and Project Status Reports Motion carried three ayes. Councilmemb :r Edson stated that representatives of the Plymouth Civic League would like to meet informally with the City Council to discuss the recent 20th Annual Music in Plymouth, as well as the future of the event The Council s %heduled a study session for 5:30 p.m. on August ` and diwoed staff t notify the Plyi loath Civic League of this date 0 0 Regular Council Meeting July 20, 1992 Page 261 ITEM 7-M COUNCIL COORDINATING REPRESENTATIVE (CCR) REPORTS Councilmember Edson reported that the Park and Recreation Advisory Coi-amission has been reviewing relevant portions of the proposed Capital Improvement Program. The Financial Advisory Committee has been reviewing the Capital Improvement Program with respect to funding sources. Councilmember Edson stated that he is resigning his position on the Plymouth Civic League effective July 31, 1992. He stated that the planning for Music in Plymouth begins August 1 and it is a good time for a new representative to take office. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to appoint Councilmember Carole Helliwell as the City's representative to the Plymouth Civic League effective August 1, 1992. Motion carried, three ayes. Mayor Bergman reported on the recent MLC meeting he attended. He stated the City of St. Paul has adopted a resolutior, supporting a constitutional amendment regarding the Local Government Aid Trust Fund. Staff was directed to obtain a copy and &bare it with the Council for consideration of support. Councilmember Vasiliou stated that the Council should con,ider all of the City's memberships in organizations, i e. AMM, MLC, LMC. She stated that particularly with the per capita levy most organizations have adopted, it is important for Plymouth to prioritize its memberships. Councilmember Edson stated the Council should also consider the effectiveness of the various otgani72tions and whether the organizations' legislat;ve positions align with those held by Plymouth ITEM 7-N CI'T'Y MANAGER RESIGNATION Mayor Bergman ar- ounced that James Willis has icsigned from his position as City Manager Ve has agreed to continue to serve the City as a transition advioor io the City Council and City Attorney for a period ofup to six months. 0 0 W 0 Regular Council Meeting July 20, 1992 Page 262 MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-439, accepting Jim Willis' resignation as City Manager; accepting the agreement executed by Jim Willis and directing the Mayor to execute the agreement on behalf of the City; appointing Frank Boyles as Acting City Manager; and directing staff to supply the Council with proposals of service from several employment advisors, one of whom could be retained to assist the Council in soliciting and receiving applications for the new City Manager. Motion carried on a roll call vote, three ayes. Councilmember Vasiliou requested that the proposals be ready for Council consideration by August 17. CITY COUNCIL INFORMATION MEMORANDUM Acting Manager Boyles solicited Council input on the proposal for administering deer hunt prepared by the Public Safety Department. The Council stated no objections to the proposal as outlined in the Information Memorandum. Public Safety Director Gerdes briefly described the licensing proposal and stated that information will be provided to property owners regarding an information meeting. He also stated that he is waiting for a response from the DNR relating to reduction methods for the goose population. At 8:48 p.m., Mayor Bergman adjourned the meeting to Executive Session. He stated the executive session is being held to discuss litigation relating to a retaining wall. City Clerk