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HomeMy WebLinkAboutCity Council Minutes 08-17-1992MINUTES REGULAR COUNCIL MEETING AUGUST 179 1992 The regular meeting of the Plymouth City Council was called to order by Mayor Is: rginan at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on At -gust 17, 1992. PRESENT: Mayor Berginan, Coarrcilmembers Edson, Helliwell, Tierney, and Vasiliou STAFF PRESENT: Acting City Manager Boyles, Public works Director Moore, Community Development Director Dillerud, City Attorney Meller, and City Clerk Rauenhorst MV - MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, that an item be added to the agenda: Discussion on latest article in the n H21. Motion failed, Helliwell and Ticraiey ayes; Edson, Vasiliou, and Bergman nays. MOTION was made by CouneilmemNst Edson seconded by Councilmo mber Vasiliou, to approve the agenda as submitted. Motion carried on a roll call vote, Edson, Vasibou, and Bergman ayes; Helliwell and Tierney nays. M _U _ _ z I Item S -M was removed from the Consent Ageada. MOTION was trade by Mayor Bergman, seconded by Councilmember Halliwell, to approve the Consent Agenda as amended. Motion varrie4 on a rrpll call vote, five ayes - 0 0 Regular Council Meeting August 17, 1992 Page 282 IN 3 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to approve the minutes of August 1. 1992. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-467 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 31, 1992 . Motion carried on a roll call vote, rive ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-463 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT MONTHLY WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL. STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNLIAL RECYCLING FEES. Motion carried on a roll call vote, rive ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-469 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT DBIJNQUENT MONTHLY WATER, SEWI3R, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET Ll,#jHTINCi FOIL UNIMPROVTiD PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried on a roll call vote, rive ayes. MOTION was made by Mayor Bergman, seconded by Councilmentber Helliwell, to adopt RESOLUTION 92-470 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT FIRE ALARM PERMIT FEES. Regular Council Meeting August 17, 1992 Page 283 Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-471 CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT DELINQUENT FIRE ALARM PERMIT FEES. Motion carried on a roll call vote, fig -. ayes. 11 af y 1 1 1 I MOTION was made by Mayor Bergman, seconded by Councilmember HelLwell, to adopt RESOLUTION 92-472 APPROVING CONDITIONAL USE PERMIT FOR FLAGSHIP CUTDOOR ADVERTISING FOR PROPERTY LOCATED WEST OF I- 494, NORTH OF HIGHWAY 55, EAST OF EMPIRE LANE NORTH (92052). Motion parried on a roll call vote, five ayes. C10 .. I 1 •i kX1 C140 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-471 APPROVING MIAL PLAT FOR H.I. ENTERPRISES FOR THE PLYMOUTH FREEWAY CENTER 5TH ADDITION LOCATED SOUTHEAST OF THE INTERSECTION OW EMPIRE LANE AND HARBOR LANE 92061). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Counciimember Helliwell, to adopt RESOLUTION 92-474 SETTING CONDITIONS TO BE MET PRIOR TO FILING OR AND RELATED TO FINAL PLAT FOR H.I. ENTERPRISES FOR THE PLYMOUTH FREEWAY CENTER 5'fH ADDITION LOCATED SOUTHWEST OF THE INTERSECTION OF EMPIRE LANE AND HARBOR LANE (92061). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-475 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR H.I. ENTERPRISES LOCATED SOUTHEAST OF THE 1NTERSEr MON OF EMPIRE L %NS AND HARBOR LANE (92061). Regular Council Meeting August 17, 1992 Page 284 Motion carried on a roll call vote, five ayes. W - 4wi! _— ;. r :_x.11 1 ! 1 . MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-476 APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THOMAS AASGAARD LOCATED AT 430 SHENANDOAH LANE (92064). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-477 APPROVING 1992 CIGARETTE LICENSE APPLICATION for ivories Restaurant, 605 Highway 169 North. Motion carried on a roil call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Heiliwell, to adopt RESOLUTION 92-478 APPROVING GARBAGE HAULER LICENSE FOR HOOPS TRANSFER. Motion carried on a roll call vote, five ayes. Y__, 1 , J,14M 1 co 4:1 Jr I F&AAus) mut, u1-ag Ii 14-j -i Z 4 -W'VA' Ve'f1N : 1 I ; ,1 1 II ; 1 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RLSOLU`I'ION 92-479 FINDING NO OBJECTION TO 1 AWFUL GAMBLING EXEMPTION FOR WAXZATA BOOSTER FOUNDATION. Motion carried on a roll call vote, five ayes. 0 Regular Council Meeting August 17, 1992 Page 285 ITEM 5-1 TEII ARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-480 APPROVING TliMPORARY 3.2 LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. Motion carried on a roll call vote, five ayes. Y Y u '' 1 1 I r_ 1 1 l l li MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-481 APPOINTING ELECTION JUDGES FOR 1992 ELECTIONS. Motion carried on a roll call vote, five ayes. I_Y_ YILI - i / l 1 Lr r_ll 111' MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92482 CALLING FOR REFUNDING MULTIFAMILY HOUSING REVENUE BONDS PURSUANT TO MINNESOTA STATUTE 462C, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING. Motion carried on a roll call vote, five ayes. Acting Manager Boyles reported that meetings were held with the landowners and potential hunters for the deer bow hunt. The 500 foot distance requirement was discussed. Hunters are concerned that a 500 foot restriction will limit their success, while landowners are concerned that it may put hunters into their cornfields or off their property. Larry Gillette, Wildlife Manager for Hennepin County Parks, indicated that the 500 foot restriction is excessive and designed for firearms. He recommends a reduction to 300 feet and staff concurs. Councilmember Helliwell stated the deer bo -v hunt has always been a safety concern to her and she will not wppurt the distance mduction. 0 0 Regular Council Meeting August 17, 1992 Page 286 MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt ORDINANCE 92-23 REL %TING TO THE HUNTING OF DEER, reducing the distance requirement from 500 ft. to 300 ft. Motion carried on a roll call vote, four ayes; Helliwell nay. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-483 FORD ROAD AND SHELARD PARKWAY INTERSECTION/TRAFFIC SIGNAL, M.S.A. PROJECT NO. 155-177-01, CITY PROJECT NO. 108. Motion carried on a roll call vote, five ayes. kV -"y AWALVAIJA 114 D1 110011ni, I MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-484 REDUCING DEVELOPMENT BOND, CHURCHILL FARMS 2ND ADDITION (91079). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-485 REDUCING DEVELOPMENT BOND, BASS LAKE TERRACE 2ND ADDITION (91070). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 92-456 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - CHURCHILL FARMS 3RD AND 4TH ADDITIONS. Motion carried on a roll call vote, five ayes. Regular Council Meeting August 17, 1992 Page 287 MOTION was made by Mayor Bergman, seconded by Councilmernber Helliwell, to adopt RESOLUTION 92-487 RECEIVING REPORT .SND ORDERING PROJECT - STREEI' LIGHTING, CHURCHILL FARMS 3RD AND 4TH ADDITIONS. Motion carried on a roll call vote, five ayes. 1 HEIGHTS LAGOON, PROJECT 220 MOTION was made by Mayor Bergman, seconded by Coancilmember Helliwell, to adopt RESOLUTION 92-488 ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, STORM SEWER OUTLET STRUCTURE, 53RD AVENUE AND LARCH HEIGHTS LAGOON, CITY PROJECT NO. 220. Motion carried on a roll call vote, five ayes. Public Works Director Moore described proposed Project No. 040, NW -17 Trunk/Lateral Sanitary Sewer Phase II. Due to significant problems experienced during previous construction, the Council directed that this portion of the project to rebid as a separate project. The original Preliminary Report estimated cost before construction was $42,416. Tice current estimated cost liar the work is $217,422. Mayor Bergman opened the public hearing at 7:10 p.m. Terry Forbord represented Lundgren Bros. Construction. He stated that Lundgren Bros recently purchased property affected by the proposed project from the Deziels. When Lundgren acquired the properties, the improvements were under construction and the amount of the estimated assessments had been determined. Mr. Forbord stated this proposed project could add about $120.000 in assessments against the property. He stated this equates to about $2.400 per lot based on she Lundgren proposal for platting the property. He stated h, has not had an opportunity to meet with the City engineering staff, and requested that this item be delayed so that he could discuss alternative options for the project, perhaps a lits station. Mayor Bergman closed the hearing at 7:1•4 p.m. Prblic Works Director Moore stated staff has considertad various options, including a lift station. .All alternatives wore either mora i•ostly or would not work for this area. Reguhu- Council Meeting August 17, 1992 Page 288 He stated that bids on this project were received last week. It is a very difficult project due to soil conditions. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to defer consideration of Public Improvement Project 040, NW -17 Trunk/Lateral Sanitary Sewer Phase U, to August 31 and to direct staff to meet with Lundgren Bros. to determine if there are other viable options. Motion carried. five ayes. Acting Manager Boyles stated that earlier in the day, the City Council conducted interviews with three firms with respect to conducting an executive search for the position of City Manager. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92489 AUTHORIZING THE FIRM OF PERSONNEL DECISIONS, INC., (PDI) TO CONDUCT AN EXECUTIVE SEARCH ON BEHALF OF THE CITY OF PLYMOUTH FOR THE POSITION OF CM MANAGER. Councilmember Tierney noted her concern that Personnel Decisions, Inc., indicated the apparent highest cost; however, she was pleased that a team building element was included in their proposal. Councitmember Edson stated that the other proposals did not include all costs that were included in the PDI proposal, i.e. psychological testing, team building. Councilmember Vasiliou stated she also favors the PDI proposal because they indicated a maximum of eight weeks for the process. After further discussion, the Council set a target date of mid-November for final candidate interviews. Motion carried on a roll call vote, five ayes Regular Council Meeting August 17, 1992 Page 289 ITEM 7-B INCFEASE FM DEPT BY FIVE FIREFIGHTERS MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION 92-490 AUTHORTZING AN INCREASE IN THE AUTHORIZED NUMBER OF PAID ON-CALL FIREFIGHTERS TO SDC N -FIVE. Motion carried on a roll call vote, rive ayes. A6 -ting Manager Boyles stated that during a joint City Council meeting with the City of M. -1ple Grove, the issue of a joint hazardous material response team with a radiological response component was discussed. Since that meeting, the State Health Department has informed the cities that it will no longer be involved in radiological monitored training, and as soon as a new response team is trained, will no longer be involved in response. Public Safety Director Gerdes recommends approval of a grant agreement authorizing the participation of the Plymouth File Department in radiological monitoring training. Acting Manager Boyles stated the response issue relates to radiological monitoring in the event of problems at either of the NSP nuclear power plants at Monticello or Prairie Island. The proposed agreement only addresses training, as the Public Safety Director has concerns with respect to general liability and workers compensation and a separate agreement will be proposed to address these issues and response once the training is completed. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 92-491 AUTHORIZING THE APPROVAL OF A GRANT AGREEMENT AUTHORIZING THE PARTICIPATION OF THE PLYMOUTH VOLUNTEER FIRE DEPARTMENT IN RADIOLOGICAL TRAINING AND MONITORING. Motion carried on a roll call vote, rive ales. NoWlAwkellQ00 9A 11_ Acting Manager Boyles provided an update on Council Directive 92-100. He stated the developer has been cnntacted and the siltration fence will be repaired at Medicine Lake Road and the Soo Line Railroad tracks. Regular Council Meeting August 17, 1992 Page 290 Public Works Director Moore stated the de%. -toper must have permanent vegetation installed within 60 days after the grading is completed. Councilmember Vasiliou complimented staff on the thoroughness in tracking directives. MOTION was made by Councilmember Vasiliou, seconded by Mayor Betgman, to accept the Council Directives report. Motion curied, five ayes. Public Works Director Moore presented the Capital Improvement and Project Status Reports. Councilmember Edson complimented staff on responding to the Council request to include a brief summary of ach project at the beginning of the engineering reports. Councitmember Vasiliou state the map depicting the location of each project is also helpful. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to accept the Capital Improvement and Projoct Status Reports. Motion carried, five ayes. The Council diracted staff to thank each of the frons that submitted a proposal for City Council and Staff team building Since a team building element is included in the City Manager selection process, the Council decided not to proceed with the team building proposals at this time. Mayor Bergman explained a proposed resolution endorsing a constitutional amendment to ensure the continued funding of the Local Government Trust Fund through dedication of sales tax revenues which he received from the Municipal Legislative Commission (NILC). Regular Council Meeting August 1 i , 1992 Page 291 Acting Manager Boyles stated the LMC and AMM have not taken a position on this proposed resolution. Councilmencher Tierney stated she would like more time to consider the proposed resolution, p.uticularly since it enr'orses a constitutional amendment. Councilmember Vasiliou stated cities endorsed the concept of the Local Government Trust Fund with the understanding that a portion of the ales tax would return to cities through Local Government Aid. This would reaffirm the original position. Mayor Bergman asked Councilmembers to study the issue and indicate to him whether or not they support this issue. He will report their positions and comments to the MLC. D10 Y oW. V 3 14 % Councilmember Tierney stated she has contacted legal counsel to obtain an interpretation of the City Attorney's letter informing city employees not to discuss Mr. Willis' rrsignstion. She stated the letter seemed tno restrictive and legal counsel indicated it could be an overbroad restriction which employees may view as violating their right to free speech. She stated that a recent newspaper article indicates employees have spoken to the press about the issue and stated they feel "gagged." She asked that the City Attorney redraft the letter to more specifically address by whom and what can be discussed. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 92- AFFIRMING RIGHT OF FRSE SPEECH FOR CITY EMPLOYEES. Attorney Meller stated he made minor alterations to the proposed resolution to remove untrue statements and to make the resolution more readeble. He stated the purpose of his letter was to ensure city employees understand their obligations under the Data Practices Act, and to protect the City. City employee op.nions and not statements of act are allowable. SUBSTITUTE MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 92-492 AFFIRMING RIGHT OF FM SPEECH FOR CITY EMPLOYFiW with the changes as recommended by the City Attorney.. Counchmember Helliwell asked the City Attorney if he would be specifying what issues could be discus%ed and by whom relating to the City Manager resignation. RegLlar Council Meeting August 17, 1992 Page 292 Attorncy Meller stated the letter was not yet redrafted. He will write it as he sees fit. Substitute motion carried on a roll call vote, Edson, Vasiliou, Bergman a)as; Helliwell and Tierney nays. 403 -ba 16 WJAIVXWIID-1 1 The Council provided the dates of August 31 at 6:00 p.m. and August 24 at 4:30 p.m. as alternate dates to meet with the Plymouth Civic League. Councilmember Vasiliou stated she would abstain from voting on this appointment since she did not participate in the interviews earlier in the day, although she has interviewed some of the candidates for previous vacancies. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION 92-493 APPOINTING STEVE MCCULLOCH TO THE BOARD OF ZONING ADJUSTMENTS AND APPEALS. Councilmember Tierney stated she will support the motion because a resident from Mario 4 is needed on the Board. Motion carried, four ayes, Vasiliou abstained. 1, i 1 1 0 111 M- tlh _ ;i_: _119 t! t 4 _YCKK I Councilmember Edson reported that the HRA will try to conclude selection of a consultant for tht. senior housing project at its meeting next week. He also reported that PRAC has completed review of its portion of the proposed Capital Improven-Lu,s Program. fk9 u 1 h t t 111 : : 4: I Oz(1)1 r Acting Manager Boyles reported on the following items contained in the Council Information Memorandum: Wayzata School District 284 request for tax increment 0 0 Regular Council Mating August 17, 1992 Page 293 dollars, Fire Chief selection process, swus of organizing effort from Bureau of Mediation Services, Bass Cake Road con%vuction project. Councilmember Vasiliou asked the status af the Highway 551Xenium Lane/Northwest Blvd. intersection improvements, and of the Ainoco 55 property. Acting Manager Boyles stated the MnDOT is still working on preliminary plans for the project. Public Works Director Moore stated bids are scheduled to be solicited in spring, 1993. No easer.ents or property is proposed to be required at this time from the Amoco properY. Counci member Tierney stated she will ask the Charter Commission to consider the issue of employee ethics. After further discussion, the meeting was adjourned at 8:20 p.m. i t. T F /(i• :gyp: ci Clerk