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HomeMy WebLinkAboutCity Council Minutes 08-03-1992MINUTES REGULAR COUNCIL MEETING AUGUST 3, 1992 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., o:. August 3, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou STAFF PRESENT: Acting City Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Meller, and City Clerk Rauenhorst ITEM 4 PRESENTATION FROM REGIONAL TRANSIT NOA—R Councilmember Vasiliou stated she accepted a plaque on behalf of the City of Plymouth at a recent Regional Transit Board meeting. The plaque was presented to Plymouth in recognition of significant contributions and outstanding support to the promotion of transit in the Twin Cities Metropolitan Area. Site presented the plaque to Acting City Manager Boyles and commended him for los efforts in the area of transit for the City. Councilmember Tierney requested Item S -J be added to the agenda - Review of Best and Flanagan billing statements. Councilmember Helliwell requested Item E -K be added to the agenda - Plymouth Sun ail r article on resignation of City Manager. ITEM CONSENT AGENDA Items 6-A, 6-B, and 6-K were removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, ue--onded by Councilmember Tierney, to approve the Consent Agenda as amended. Motion carried on a roll call vote, Live ayes. Regular Council Meeting August 3, 1952 Page 264 Councilmember Helliwell noted from Page 261 of the July 20 minutes that she had been appointed to the Plymouth Civic League and asked when the group meets. Councilmember Edson confirmed the meeting time, and Councilmember Helliwell stated she had no objection to serving on this Board. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to approve the minutes of July 20, 1992. Motion carried on a roll call vote, Edson, Vasiliou, and Bergman ayes; Helliwell and Tierney abslnined. 4 f vWxym) s t Councilmember Helliwell stated she had spoken with a resident who was concerned about the safety aspects of the request of Mimtegasco for amended Planned Unit Development Plan and Conditional Use Permit to allow an experimental fuel service pump at a single family site at 11525 51st Avenue North. Como.unity Development Director Dillerud stated (lie Planning Commission recommended approval of the requests with three conditions in addition to those previously recommended by staff: 1) The addition of two bollard posts (to the two already proposed) for protection of the appliance from car hits; 2) The addition of t%o coniferous plantings (in addition to the four already proposed) to screer the facility and bollards; and 3) A provision that prior to issuance of a Conditional Use Permit, the petitioner shall meet with neighbors within 250 feet to discuss how this appliance works and what the safety features are. In addition, staff recommends and the Planning Commission concurs that the Conditional Use Permit be specifically renewed in one year to determine continued compatibility with other uses in the neighborhood. Mayor Bergman stated he views the effects of this requested use as similar to residents installing a natural gas light in their yard. Councilmember Helliwell said her concems relate to safety and the possibility of vehicle hits. She also feels the use may not belong in a residential area, and questioued why the fuel pump could not be located at the resident's business. Counk ilmember Vasiliou stated she also had received a similar call from a concerned neighbor. The individual stated that residents in the a --ca do not understand what is Regular Council Meeting August 3, 1992 Page 265 being proposed. One concern expressed is that even though this test case has well developed criteria and conditions, future installations may not be similarly regulated. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to deny the request of Minnegasco for amendment to the Planned Unit Development Plan and Conditional Use Permit (92049) (RPUD 76-4). Motion failed on a roll call vote; Helliwell and Vasiliou ayes; Edson, Tierney, and Bergman nays. Mike Cregan. 2521 Bryant Avenue South, spoke on behalf of Minnegasco. He contrasted this proposed use to a g,);oline service pump, and stated they are extremely different. The natural gas applian a has no storage and explosions cannot occur. It has no flame source; there are shutoff mechanisms should a leak occur; and, the device is outside so that any leaked gas would dissipate in the air. The piping is similar to gas grills and is extremely safe. Two hundred similar appliances are installed throughout the U.S., and over 4,000 have been installed in Canada. He stated the appliance itself is not experimental. The "experiment" relates to determining whether fueling at home works. Mayor Bergman stated he supports the request. Plymouth should be progressive in this area. Dedicated natural gas vehicles save fuel and it is more efficient to fuel frorn home rather than making an additional stop at a gasoline station. Acting Manager Boyles noted that the Planning Commission and staff recommendation is that the Conditional Use Permit would be reviewed in one year. If any prohlems were experienced during the first year, the Conditional Use Permit could be revoked and the appliance would be removed. Mr. Cregan stated he anticipates no problems and this condition is acceptable to him. In response to a question by Councilmember Vasiliou, he stated this vehicle would be a full size service van. Councilmember Vasiliou stated concerns with the long-range use of these appliances in residential neighborhoods. She questioned whether residents would want an increased number of service vehicles parked in the neighborhoods. Councilmember Tierney stated there is a benefit to encouraging innovatZon and moving toward natural gas from gasoline. Since natural gas is safer than gasoline, she does not understand the safety concern. Councitmember Helliwell asked why ftwling could not occur inure the garage. Regular Council Meeting August 3, 1992 Page 266 Mr. Cregan statrd the State Fire Marshall has concerns about indoor fueling. Should there be a leak, the gas would be released in an enclosed area Cather than outside. MOTION was made by Councilmember Tierney, seconded by Mayor Bergman, to adopt RESOLUTION 92-440 APPROVING AMENDED PLANNED U -NU DEVELOPMENT PLAN AND CONDITIONAL USE PERNUT FOR MINNEGASCO LOCATED AT 11525 -51ST AVENUE NORTH (92049). Motion carried on a roll call vote, four ayes; Helliwell nay. ITEM 6-C U.S. HOMES CURT. AMENDED PUD PLAN AI D CUP AT LOT 1. BLOCK S. RMLEWOOD FARM (920S0) MOTH N was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt FESOLUTION 92-441 APPROVING AMENDED PLANNED UNIT DEVELOPMENT FLAN AND CONDITIONAL USE PERMIT FOR U.S. HOMES LOCATED ON LOT 1, BLOCK 5, BRIDLEWOOD FARM (92050). Motion carried on a roll call vote, five ayes. MOTION was made by Ccuncilmember Helliwel!, seconded by Councilmember Tierney, to adopt RESOLUTION 92-442 APPROVING LOT DMSION FOR NORTHERN STATES POWER COMPANY FOR PROPERTY LOCATED NORTH OF MEDINA IiuAD ON THE EAST SIDE OF COUNTY ROAD 101 SGUTH OF HIGHWAY 55 (92051). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney. to adopt RESOLUTION 92.443 SETTING CONDITIONS TO BE Nwr PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR NORTHER V STATES POWER COMPANY FOR PROPERTY LOCATED NORTH OF MEDINA ROAD ON THE EAST SIDE OF COUNTY ROAD 101 SOUTH OF HIG-iWAY 55 (92051). M_.,don carried on a roll call vote, five ayes. u Regular Council Meeting August 3, 1992 Page 267 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92444 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR NORTHERN STATES PO%'SR COMPANY LOCATED NORTH OF MEDINA ROAD ON THE EAST SIDE OF COUNTY ROAD 101 SOUTH OF HIGHWAY 55 (92051). Motion carried on a roll call vote, ive ayes. I -SR 1 ' RI'1 1 fjl MOTION was made by Councilmember Ielliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-445 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR ALETTE ENGEBR sTTSON FOR PROPERTY LOCATED AT 1015 YUMA LANE (92055). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, ser:ondtd by Councilmember Tierney, to adopt RESOLUTION 92-446 APPROVING AMIENDPdENT OF RESIDEN:TAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PBRMIT FOR MAURICE KLINGELE LOCATED AT 4115 UPLAND LANE 92057) Motion carried on a roll call vote, five ayes. 1 i _ 1 J_f 4 f_- t 1 1 M_ 1 1 1, l .1 Y Yt_ :_i 1 1 t'I!i l'1r i' MOTION was made by Councilmember Helliwell, seconded by Councihnember Tierney, to adopt RESOLUTION 92-447 APPROVING SIGN PLAN AMENDMENTFORFALMOUTHASSOCIATESFORFOURSEASONSMALLLOCATEDAT THE SOUTHWEST CORNER OF COUNTY ROAD 9 AND HIGHWAY 169 92046). Motion carried on a Tall call vote, five ayes. 0 0 Regular Council Meeting August 3, 1992 Page 268 VZALtm MOTION was made by Counc:lmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-448 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR THE STROMSM PROPERTY. Motion carried on a roll call vote, five ayes. 1--` r =R6 MOTION was made by Councilmember Helliw:,ll, seconded by Councilmember Tierney, to adopt RESOLUTION 92-449 DECLARING ADEQUACY OF PETITIONANDORDERINGPREPARATIONOFREPORT, STREET LIGHTING - BITOERIN ADDITION Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-450 RECEIVING REPORT AN'.) ORDERING PROJECT - STREET LIGHTING, BITOERIN ADDITION. Motion carried on T roll call vote, live ayes. MOTION was made by Councilmember Helliwelf, seconded by Councilmember Tierney, to adopt RESOLUTION 92-451 REDUCING DEVELOPMENT BOND. BRIDLiEWOOD FARM ADDITION (90028). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-452 REDUCING IDEVELOPNIENT BOND, THE PROPOSED AVONLEA ADDITION (90087). Motion carried on a roll call vote, five ayes. 9 e Regular Council Meeting August 3, 1992 Page 269 MOTION was made by Councilmember Helliwell. seconded by Councilmember Tierney, to adopt RESOLUTION 92-453 REDUCING DEVELOPMENT BOND, GLEASON LAKE SCHOOL ADDITION (88036). Motion carried on a roll call vote, five ayes. Councilmember Helliwell asked Public Works Director Moore to show the area proposed to be assessed for the Pond BC -PI Improvements, Project 016. Director Moore showed the proposed area on a map and explained the assessment procedures. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92454 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED A.FSFSSMENT, POND BC -01 OUTLET IMPROVEMENTS, CITY PROJECT NO. 016. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92455 FOR HEARING ON PROPOSEDASSESSMENT, POND BC_0I OUTLET IMPROVEMENTS, CITY PROJECT NO. 016. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmembcr Helliwell, seconded by Cow+cilmember Tierney, to adopt RESOLUTION 924.56 RESOLUTION OF CONCURRENCE, COUNTY ROAD 4. Motion carried on a roll call vote, fivu ayes. 0 0 Regular Council Meeting August 3, 1992 Page 270 MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-457 APPROVING 1992 CIGARET M LICENSE APPLICATION, for Walgreens, 4005 Vinewood Lane. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember I`iemey, to adopt RESOLUTION 92-458 WAIVING THE FACILITY RENTAL FEES FOR ZACHARY SOFTBALL COMPLEX Motion carried on a roll call vote, five aye%. MOTION was made by Councilmemb:r Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 92-4.59 APPROVING CHANGE ORDER NO. 1 - GLMNLOCH NEIGHBORHOOD PARK. Motion carried on a roll call vote, five ayes. iatO 4 li_ V 04 ) A Ll 1 1l; MUTTON was made by Councitmember Helliwell, seconded by Councitmember Tierney, to adopt ORDINANCE 92-22 RELATING TO THE REGULATION OF PIKE LAKE AND AMENDING SECTION 1335 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. Ll Regular Council Meeting August 3, 1992 Page 271 ttlt0 r m e)C15,Y:`Dl IF7 rh TrIK 77 ff hX95I1r),Z1I Mayor Bergman opened a public hearing at 7:31 p.m. on the application of Blue Wave Ventures, Inc., d/b/a Green Mill Plymouth, 2705 Annapolis Lane, for an on -sale intoxicating and Sunday liquor license. No one appeared, and the hearing was closed at 7:31 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-460 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR BLUE WAVE VENTURES, INC. Motion carried on a roll call vote, five ayes. oil DIr11:t vI, LI) ''17111:45 V TI ICU I S I D1 33 XvU lawl R111- ju i_: ] to I'vi r Community Development Director Dillerud sorted the Planning Commission recommended denial of the request of Ryan Construction Company for an amendment to tate MPUD Plan end Conditional Use Permit for Waterford Park Plaza to allow a second freestanding sign of 54 square feet to be located within four feet of the property line along Revere Lane. Staff also recommended denial of the request primarily because of the proposed location within four feet of the right-of-way line versus the Zoning Ordinance setback standard of 20 feet. John Kildahl, 10100 6th Avenue North, stated the Waterford Park Plaza tenants felt Highway 55 would be a good location for traffic flow when they moved in, however, business is not real good in the center. He spoke in support of the increased signage as requested. Mr. Kildahl stated he had understood the intent of the Waterford Paris signage was to divert traffic from Rainbow to the smaller stores in the center. That is not occurring as much as anticipated. Councilmember Hclliwell noted that the City Council previously approved increased signage for Waterford Park Plaza. Diane Olsby, 10100 6th Avenue North, spoke on behalf of Ryan Construction. She stated there is no land available for signage along Highway 55, and she doesn't believe the four foot setback would be a hazard. 0 0 Regular Council Meeting August 3, 1992 Page 272 Director Dillerud stated that staff had suggested as an alternative that Ryan Construction consider sacrificing two parking spaces and installing the sign in the Rainbow parking lot. Ms. Olshy stated the parking currently conforms to code and Ryan would have to gain approval from Rainbow Foods. She has not contacted Rainbow because Ryan Construction does not want the signage in the parking lot. Mr. Kildahl asked if the Council had a particular sign. -,Ye concept in mind when approving the original planned unit development. Councilmember Vasiliom cxplamcd that the developer proposed the signage as part of the site plan. The developer believed the signage to be adequate at the time. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92461 DENYING AN AMENDED MIXED PLANNFD UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PEP.MIT FOR RYAN CONSTRUCTION COMPANY FOR WATERFORD PARK PLAZA LOCATED.AT THE NORTHEAST CORNER OF 6TH AVENUE NORTH AND REVERE LANE 91085). Motion carried on a roll call vote, five ayes. ITEM 8-B L17N. LRLN BROS. C NSTRUCTION CO. FINAL PLAT F0 ARBOR WOODS" TQ I YATi; STREET RIG—HT_1 WAY EXTENSION Director Dillerud stated that on lune 15, 1992, the Council approves: the Final Plat for Harbor Woods" conting.nt on the approval by the Metropolitan Council of an amendment to the Transportation F! •mcnt of the Comprehensive Plan to eliminate the ollxtor status for Fernhrook Lana between Gleason Lake Drive and County Road 6. The City has received the approval of Metropolitan Council for Transportation Element ani, -+'ment. A - i in of the I u ' Plat approval, the Council deleted the staff recap amended ronditio, i imrtling the completion of a full street section for Fetnbrook Lane. No specil: mentirii va% madr him cNer of the disposition of the street right-of- way that was shown at fail w to all tho «ay :,)the plat north boundary. Lundgren Bros. Censtruction Company hay WgUL.AM th It the Council modify the plat to substitute r:n outlot of a narrowor n Yth to act .immodmo the emeTency accc;S and eliminate thL street ritwlu•of-waN d, -di, aUan t, 'r t,ie non,.: r1v 75 feet of the plat. Jim Hartmann, t 1 tel Harlter Lahr d the msalent of the tt h,trrhood cant the right of way eliminated. Tltcy dun erre ,r W01,111% I if the Cil) will propos Regular Council Meeting August 3, 1992 Page 273 Fembrook Lane as a through street some day. He supported the Lundgren Bros. request. Alice Williams, 14325 12th Avenue North, supported the Lundgren Bros. mquest. She stated approval would be consistent with the desires of the neighborhood and with the recommendation of the Planning Commission. Peter Pflaum, Lundgren Bros. C,)nstruction Inc., stated he is concerned about his company's disclosure requirements if the right-of-way is not eliminated. He asked that the Council decide whether they want a through street or not. Mayor Bergman clarified that emergency access mould remain. CouncHmember Tierney stated she supports eliminating the right-of-way as this will make the neighborhood less attractive to through traffic. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to eliminate the street right-of-way to the northerly fine of the "Harbor Woods" final plat, with the condition that the emergency access remain as proposed. Motion carried on a roil call vote, five ayes. Ptblic Works Director Moore recommended that the Council award the contract for construction of Northwest Blvd. from 45th Avenue to Schmidt Lake Road, and Schmidt Lake Road from Northwest Blvd. to Pineview Lane, Project 01 I, to Shafer Contracting Company, Inc., in the low bid amount of $1,684.531.50. This is .3 percent over the engineer's estimate. Counciltnember Vasitiou asked if this contractor has previously done work for the City. Director Moore stated Shafer had a contract with the City in 1980. MOTION was made by Councilmember Edson, seconded by Couucilmember Tiemey, to adopt R13SOLUTION 92-462 AWARDING BID, NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, CITY PROJECT NO. 011. Motion carried on a roll call vote, four ayes; Helliwell nay. 0 Regular Council Meeting August 3, 1992 Page 274 Mayor Bergman asked that staffcheck erosion fencing problems on West Medicine Lake Drive near the Soo Line tracks where a new development is underway. ITEM &D 1993 STREET RECONSTRUCTION PROGRAM Director Moure presented the staff report on the proposed 1993 Street Reconstruction Program. He recommended that the Council receive the recommendation of the consulting engineer and order a Preliminary Engineering Report for the 1993 Street Reconstruction program. Mayor Bergman stated that during reconstruction in Maple Grove, they are blacktopping the shoulder areas, rather than using gravel, when curb and gutter is not installed. He suggested that this be considered where curb is not installed in the reconstn.-tion projects. He asked if there would be problems with matching driveway elevations in the 1993 proposed reconstruction area, and if Vicksburg Lane will be striped to provide a lane for bikers and walkers. 0:r+ector Moore stated the areas proposed for 1993 reconstruction are not generally single family in nature so driveway elevation problems should not be as frequent as in the past. He said that concrete curb and gutter is proposed in the industrial arras. Councilmember HeIGweU stated that when the Council held a joint meeting with the Park and Recreation Advisory Commission (FRAC), it was noted that Vicksburg Lane is unsafe to bikers and pedestrians. She asked if a portion of trail could be installed at the same time as street reconstruction. Director Moore stated PRAC is studying the trail issue and will make a rc:ommendation to the City Council. MOTION was made by Mayor Bergman, seconded by Councilmember Edson. to adopt RESOLUTION 92-463 pEECEIVE RECOMMENDATION, ORDER PRELIMINARY ENGINEERING REPORT FOR 1993 STREET RECONS'tMUCTION PROGRAM, CITY PROJECT NO. 301. Motion carried on a roll call vote, five ayes. 1-0-mla no Public Works Director Moore stated that VFW Post 5906 contacted staff regarding a septic tank problem they were having. They reynested that they be allowed to connect 0 Regular Council Meeb August 3, 1992 Page 275 to the City of Medina sewer and water system. The City of Medina has agreed to allow connecticn to their utility system with four conditions: 1) Any flow from Plymouth into Medina will not decrease the sewer flow allocation that Medina has from Plymouth; 2) Any properties in Plymouth that connect will pay hook-up charges of 1,502.09 per unit; 3) Ile Plymorth user must pay all construction and other costs related to the service exterosion; and 4) When needed, the City of Plymnuth will allow connection of 19 identified Medina prupe :ies in the Holy Name lake area to its system. This would be done, at such time as the Medina properties experience failing on-site septic systems. Director Moore recommended approval of the first three conditions, and requested direction from the Council with respect to the fourth condition. He stated that for the amount of sewer flow which could be generated from 19 homes in the Holy Name Lake area, Plymouth's sanitary sewer system wNrld be capable of accommodating this flow. He said that if this condition is acceptable to the Council, there should be a very clear understanding that the service is only for tree 19 existing properties and service could not be provided for any new development within the area. Any conditions established by the Council would be outlined in an agreement between the cities of Plymouth and Medina. Councilmember Helliwell asked who trauld be responsible for pumping costs, if rPyuired. Director Moore stated the City of Medina would pay all costs associated with the service to the 19 properties. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to approve connection of the VFW located within Plymouth to the sewer and water system in Medina and to concur with the four requirements (noted above) esti blished by the City of Medina with the following conditions: i . Any properties within Medina that connect to the Plymnuth sewer system will pay our connection charge at the time of connection. 2. There will be no cost to the City of Plymouth for any extension of utilities to serve these properties within Medina. Tire Medina users must pay all construction and other costs. 3. Only the 19 properties indicated on the drawing on file will be 31lowed service to the Plymouth sanitary sever system. The max -mum number of connections I.ecntitted will be 19 single family homes. Motion carried on a roll call -vote, five ayes. Regular Council Meeting August 3, 1992 Page 276 ITEM 8-F APPOINT' UM OF FRANK BOYLES TO VARIOUS CQMPSSIONS MOTION was made by Mayr Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92.464 APPOINTING FRANK BOYLES TO VARIOUS COMMISSIONS, Northwest Suburbs Cable Commurication Commission and Municipal Legislative Commission (MLC). Motion carried on a roll call vote, rive ayes. ITEM 8-G ESTABLISHING COMPENSATION FORACTING CITE. MANAGER MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-465 ESTABLISHING COMPENSATION FOR THE ACTING CITY MANAGER. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to direct staff to zheck with oiher cities as to whether the City Manager is provided a city vehicle. Motion c:arrieo, rive ayes. WIt 1l t a s ,a 'W t r Councilmember Vasiliou asked when the next union vote will be held and whether the outcome could affect the Council's discussion of pay equity and compensation plans for employces for 1993. Acting Maniger Boyles stated the City has not yet been advised of the election date by the Bureau of Mediation Services. The outcome of the election could affect the Council's discussions. Councilmetnber Adson asked if staff has heard from the petiti mer requesting a 150' antenna tower next to the Public Safety building. Acting Manager Boyles stated the petitioner has not recontacted staff. Councilmember Tierney stated site would like the Council to schedule the study session to discuss i+tines relating to human rights, possiNy durit.g September. 0 Regular Council Meeting August 3, 1992 Page 277 Councitmember Edson asked when the Council would like the Financial Advisory Committee to participate in the budget process. He suggested that Committee members be invited to hear the presentation by Springsted Inc., on economic trends of the City scheduled for August 18. Finance Director Hahn suggested the Committee become actively involved when the proposed budget revenues and expenditures are balanced. He stated Committee members will be invited to attend the Springsted presentation. ITEM 8-I INSURANCE CLAIMS REPORT Finance Director Hahn presented the quarterly insurance claims report. Councilmember Vasiliou stated she received a call from a resident objecting to the Star Tribune installing newspaper tubes in the public right-of-way. She asked if this could be regulated by the City, since it could be viewed as a hazard for snow plowing simile to landscaping and sprinkler heads. Public Works Director Moore stated that the City Attorney could provide an opinion if desired by the Council- however, in the past the City was informed that it cannot control installation of the tubes due to First Amendment protections unless it creates a hazard such as sight obstruction. The Council further discussed the issue and directed staff to inform residents catling the City that residents should object to the tube installations duectly to the Star Tribune. and to inform residents they have the right to remove the tubes if they are installed on their property. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to accept the quarterly insurance claims report. iTk'.1Vt liti PAYMENT OF LEGAL FEES TOHOLMFS AS GRAVF.N_AND STEVE TALLEN MOTION was made by Mayor I3.,rgman, seconded by Councilmember Edson, to adopt RESOLUTION 92466 AUTHORIZING THE PAYMENT OF LEGAL FEES TO HOLMES AND GRAVEN STEVE TALLEN, AND PAUL DAERTSCHI LAW FIRMS. Motion carried on a roll call vote, four ayes: Vasiliou nay. A Regular Council ?:.eeting August 3, 1992 Page 278 Councilni:mber Helliwell stated that an article in the July 29 Plymouth Sun SaijQr indicated that the City Council approved a settlement agreement with respect to the resignatij: n of the City Manager. She stated that it was obvious form the article that the City Manager received a settlement larger than his contract. She stated that she was not one ( f the Councilmembers who approved the agreement, and that she would not have approved a settlement larger than the original contract. LE( AL FES Cour:cilmember Tierney stated that she reviewed the Best and Flanagan billing reports for tae months of February to the present and it appears there are significant costs incus fed with respect to the City Manager issue. She will provida copies of the highlighted bills to the City Attorney and she would like to know the amounts expended, what work was performed, and which Councilmember requested the work. Sh•; asked what has been the policy of Councilmembers' use of the City Attorney's tit :e. acting Manager Boyles stated in the past the Council hae been encouraged to have access to the City Attorney when they have questions. Mayor Bergman stated that all Cuuncihaember have had some contact with the City Attorney relating to the City Manager issue. He stated that the previous Council had apolicythatanylegalrequestsoftheCityAttomeyweretobeprovidedtotheMayorto forward to the City Attomey. Councilmember Vasiliou stated she has asked for an accounting of the Attorney's bills since 1986. She stated the quarterly litigation reports were the result of her concerns about the legal fees charged to the City. Councilmembet Tientey stated there has been lack of communication and mistrust among the Council. It would be appropriate for the Council. to evaluate how much andforwhatpurpose, individual Councilmembers should be us ing the City Attorney's time. She sue.gested the Council develop a policy. Mayor Bergman stated this has been a period during which a lot of legal questions were asked of the Attorney. He stated the Counc" could return to the-nethol of 6, inneling questions through the Mdyor to determine what is appropriate to forward to the Atton Ly. 6 Regular Council Meeting August 3, 1992 Page 279 Councilmember Vasiliou stated the City Attorney represents the citizens of Plymouth. It is the City Attorney's obligation to ensure that the City is protected. She will not be denied the right to counsel with the City Attorney personally or publicly. Councilmember Tierney stated that the entire Council was not informed of the content of many of the questions and meetings with the Attorney, and she expressed concern about serial meetings as they may relate to the open meeting law. Councilmember Vasiliou stated that Councilmember Tierney should bring a suit if there is {:roof of serial meetings and open meeting law , rotation. She asked Attorney Meller if, in his opinion, there have been violations of Vie open meeting law. Attorney Mels" stated that to his knowledge there has been r violation of the open meeting law. Councilmember Helliwell stated she would like to see detailed billing costs for matters relating to the City Manager resignation, as well as which Councilmember initiated the questions. Motion carried, five ayes. MOTION was made by Councilmember Tiemey, seconded by Councilmember Helliwell, to direct the City Attorney to reN iew tte billings from February to present that relate to the City Manager resignation, with .i report on the content and cost of each meeting and inquiry, and the Councilmemb:r(s) who participated in the action. Councilmember Vasiliou stated the previous City Attorney was never asked to inform the Council or which Councilmember generated a request for information. Courcilmember Edson stated that some of the requests fur information in February relating to the open meeting law were initiated by him as a new Councilmember. When the Council decided to do t performance evaluation of the City Manager, he inquirtd as to the appropriate typt of meeting at which to conduct the evaluation. Mayor Bergman stated that asking the City Attorney to generate an itemized list for the past months is a waste of time and money. Counrilmember Tierney said the motion supports openness of communications and trust amoirg Councilmernbers. Motion carried, four ayes. Bergman ray. 0 Regular Council Meeting August 3, 1992 Page 280 Attorney Meller stated that many of the billings resulted from Count ilmember Edson's original inquiry, and that he had generated others. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to direct the staff to provide detailed billing for legal fees in the future to the City Council. Motion carried, rive ayes. N1O7ION was made by Councilmember Edson, seconded by Councilmember Tierney, to schedule a special council meeting for August 31, since there are four weeks between regular meetings. Motion carried, rive ayes. Acting Manager Boyles reviewed items contained in the July 31, 1992, City Council information Memorandum. The meeting was adjourned at 9:10 p.m. City Clerk