HomeMy WebLinkAboutCity Council Minutes 02-01-2000Adopted Minutes
Regular Council Meeting
February 1, 2000
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on February 1,
2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Harstad, Black, Bildsoe,
Johnson, and Slavik.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore,
Parks and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.1) Fire and Ice Festival
Parks Recreation Supervisor Greupner provided a brief update to the Council regarding the Fire
and Ice Festival scheduled for Saturday, February 5. She highlighted some of the featured
activities which included a story teller, ice finishing contest, youth skating races, precision
skating line, juggling magician, pony rides, dog sled rides, musical entertainment, and fireworks.
She also informed the Council of the Marilyn Mark art display at City Center.
4.2) Recognition of Hannah Kang who received First Place in the State Annual Fire
Prevention Poster Contest
Public Safety Education Specialist Cwayna stated Hannah Kang attends Plymouth Creek
Elementary School. She placed first in the City of Plymouth's poster contest, and she was also
selected as the State Champion. In addition to receiving two plaques (one for the school and one
for Hannah), she also received a cash award from State Fire Marshal's Association.
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 2 of 12
4.3) Recognize Plymouth Volunteers
Volunteer Coordinator Anderson stated there are seven volunteers who the City would like to
recognize this evening with a Certificate of Appreciation from Mayor Tierney. The volunteers
that received the certificates were Bill Barington, Paul Mork, Tony Pezalla, Connie Fernholz
Carlson, Harvey Schiebe, Sandra Walline, and Paula Baird -Kaminski.
She stated in addition, four other individuals, Henry Willegalle, Jeff Bisek, Arnie Esterbrooks,
and Jahn Anderson, were to receive certificates this evening; however, they were unable to
attend due to conflicts.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
City Manager Johnson informed the Council regarding item No. 6.04 (presentation by Hennepin
County on County Road 101 improvements), County staff would not be able to attend the
February 8 Study Session as was recommended. However, the County has suggested
rescheduling the presentation to February 15 at 5:30 p.m., which would be prior to the Council's
regular Council meeting.
Councilmember Bildsoe requested item No. 6.04 be removed from the Consent Agenda and
considered under General Business as item No. 8.5.
Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to
approve the amended Consent Agenda which included the following items:
6.01: Approve proposed City Council Minutes (Regular Council Meeting ofJanuary 18, 2000).
6.02.1: Resolution Approving Disbursements as Required by Minnesota Statutes (Cy's
Uniforms - Res2000-056).
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 3 of 12
6.02.2: Resolution Approving Disbursements for the Period Ending January 21, 2000 (Res2000-
057).
6.03: Resolution Approving a Site Plan Amendment for TSP One Inc. for Sunset Hill
Elementary School Located at 13005 Sunset Trail (99131-Res2000-058).
6.04: This item was removed and placed under General Business as item No. 8.5.
6.05: Resolution Authorizing the Purchase of a Ford Expedition for Fire Department Operations
Res2000-059).
6.06: Resolution Authorizing the Implementation of an Automatic Mutual Aid Response
Agreement for Fire Incidents between Plymouth and Golden Valley Fire Departments (Res2000-
060).
6.07: Approve request of City Manager to exceed the limit for accrued annual leave by 50 hours
as of December 31, 1999.
6.08: Resolution Reducing Required Financial Guarantee for Cornerstone Commons Addition
Res2000-061).
6.09: Resolution Ordering Preliminary Engineering Report for 2000 Street Reconstruction
Project for City Project No. 9901 (Res2000-062).
6.10: Resolution Approving 2000 Municipal Recycling Grant Application and 1999 Municipal
Recycling Final Report (Res2000-063).
6.11: Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
1999 Street Reconstruction Project for City Project No. 9001 (Res2000-064).
6.12: Resolution Approving Contractual Street Sweeping Services for spring of 2000 (Res2000-
065).
6.13: Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed
Assessment for 1999 Weed Eradication and Destruction, Roll 2 (Res2000-066), and a Resolution
Calling for a Public Hearing on Proposed Assessment for 1999 Weed Eradication and
Destruction, Roll 2 (Res2000-067).
6.14: Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed
Assessment for 1999 Removal and Destruction of Diseased Trees, Roll 2 (Res2000-068), and a
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 4 of 12
Resolution Calling for a Public Hearing on Proposed Assessment for 1999 Removal and
Destruction of Diseased Trees, Roll 2 (Res2000-069).
6.15: Resolution Approving 2000 Park Facility Rental Fees and Policies (Res2000-070).
6.16: Resolution Approving Final Payment to Southwest Recreational Industries (Res2000-071).
6.17: Resolution Approving Change Order No. 5 for the Plymouth Creek Center (Res2000-072).
6.18: Resolution Requesting Conveyance of Parcel 29-118-22-41-0149 to the City of Plymouth
for Public Use (Res2000-073).
6.19: Accept Youth Advisory Council's 1999 Annual Report and 2000 Work Plan.
6.20: Resolution Approving Lease Agreement between the City of Plymouth and Acceleration
Minnesota (Res2000-074).
6.21: Ordinance Amending City Code, Chapter VII Relating to Water Rates (Ord2000-02).
Councilmember Johnson expressed her appreciation to staff for the innovation in leasing out the
lower level of Plymouth Creek Center to Acceleration Minnesota (item No. 6.20).
Councilmember Bildsoe indicated his intent to abstain from voting on item No's. 6.02.1 and
6.02.2 due to a conflict of interest.
Motion carried to approve the Consent Calendar.
Public Hearings
There were no scheduled public hearings.
General Business
8.1) Approval of Concept of Property Acquisition for County Road 101 Improvements
Project 9005)
Public Works Director Moore reported on the recommendation to direct staff to proceed to
implement a voluntary program of full property acquisition for eight single-family properties
located on County Road 101 which would have significant impact from the proposed
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 5 of 12
improvement to that roadway. He explained the County has been able to identify additional
right-of-way acquisition which would be necessary for the project. The County's purchase of
right-of-way would only involve a strip of land parallel with and adjacent to the roadway. It
would not involve the total purchase of any property or home. Since the road is being widened
from the current two lane rural facility to a four lane road with the necessary turn lanes and
medians, there would be some impact on the older residential homes located along the road.
These homes, except for one, were constructed prior to 1972 when this project was identified as
part of the City's first Comprehensive Transportation Plan. The home constructed in 1996 was
on a lot of record created prior to 1972 that met the standards of the zoning ordinance.
He explained the property owners have been notified, and six of the property owners have
indicated an interest to sell their properties if the Council approves this concept. He stated if the
property owners do not wish to sell their property to the City, the County would continue to
acquire the necessary right-of-way from their properties. To implement this proposal, staff is
recommending the following conditions apply:
1. The property would be purchased at fair market value. To determine fair market value, the
City would obtain a qualified independent appraiser. They would have the opportunity to have
the appraisal report reviewed by a qualified appraiser and make comments to the City on the
appraisal report. The City would allow a cost up to $300 for their appraisal review.
2. Taxes payable in 2000 would be prorated between the City and the property owner as of the
date of sale.
3. The property owner would be required to pay any existing special assessments that are of
record on the property.
4. The City, at its cost, would purchase title insurance for the property. Any defects in the title,
which are outlined in the title report, would need to be corrected by the property owner.
5. The offer by the City to purchase the property would be withdrawn when the County begins
negotiating on the right-of-way purchase.
6. The County would need to agree to this process and share the cost with the City.
He explained any of the properties that are purchased, with the exception of that home adjacent
to the City water tower site, would be resold at fair market value after construction begins on the
road improvement project.
Mayor Tierney asked if staff would recontact the two property owners who did not yet respond.
Public Works Director Moore replied yes.
Councilmember Slavik asked what the time frame is for the residents to relocate. She explained
some residents have expressed concern as to how much time they would be allowed to relocate.
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 6 of 12
Public Works Director Moore replied the homes do not have to be removed for any of the road
construction; therefore, the City would be open to negotiating closing dates. He stressed that the
residents would be able to live in their homes while the project is under construction.
Councilmember Harstad asked how the eight homes were selected. Public Works Director
Moore replied they were selected based on the preliminary plans for the right-of-way parallel to
the roadway.
Public Works Director Moore informed the Council that only the home located near the water
tower would need to be relocated.
Councilmember Harstad asked when the County would begin negotiating on the right-of-way
purchase. Public Works Director Moore replied in approximately two months. This would
allow time for the appraisal process.
Councilmember Brown asked what the process would be for the City to resell the properties.
City Attorney Knutson stated when the City is selling real estate, there is a great amount of
discretion on how they would prefer to conduct the sale. No sealed bid process is necessary.
Councilmember Bildsoe stated he is uncomfortable with the allowance of $300 for the appraisal
review. He suggested the Council increase this amount to $500 which would provide the
opportunity to receive a more complete review. He stressed the values of the properties are a
critical issue to the property owners.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
approve the concept of total property acquisition for the eight properties identified in staff's
report.
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
amend the main motion to allow "up to $500" for appraisal report/review for each property.
With all members voting in favor, the motion carried.
Councilmember Slavik asked if any property owners have contacted the City in selling their
properties that are not part of this report. Public Works Director Moore replied no.
With all members voting in favor of the amended main motion, the motion carried.
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 7 of 12
8.2) Ordinance Amending Chapter 20 of the City Code (Noise Ordinance as it Relates to
Definitions, Hourly Restrictions on Certain Operations, and Variance Procedures (99132)
Planner Rask reported at the direction of the Council, staff prepared a draft Noise Ordinance
amendment to exempt maintenance activities on golf courses and driving ranges from the hourly
restrictions of the Noise Ordinance, provided the equipment would not exceed the maximum
noise levels established in the ordinance. Additionally, staff identified other outdoor recreational
uses that require nighttime or early morning maintenance activities. These uses include outdoor
ice skating rinks and ski trail grooming. The draft ordinance would also exempt golf carts used
on public and private golf courses. Lastly, the draft ordinance includes amendments to assist in
clarifying the Variance review process. He explained the recent discussion on the City's Noise
Ordinance was due to the proposed Eagle Lake Recreation area that includes a golf course.
He stated staff surveyed other communities in the metropolitan area to determine if they regulate
the hours of operation for golf courses. None of the communities contacted had specific
regulations limiting the hours of operation for golf courses. The majority of the communities
have noise ordinances similar to the City's however, they do not enforce the standards on golf
courses. With the exception of Edina, none of the communities had experienced any problems or
complaints concerning golf course maintenance activities. The complaints in Edina were
resolved by having the golf course delay mowing until later in the morning on the fairways
closest to the residential properties.
Councilmember Johnson asked what the process would be if the City received a complaint
regarding violation of the noise standard. Planner Rask replied staff would initiate discussions
with the affected golf course owner and request they adjust their maintenance schedule.
Councilmember Black stressed she is very concerned about the maintenance activities near holes
four through six, as those holes of the Eagle Lake Golf Course are closest to the residential area.
She stated a lawnmower operating at 5:30 a.m. is a significant intrusion on a person's home and
property.
Planner Rask stated a noise assessment was conducted, and it was determined that there would
be no significant impact. However, in his conversations with Hennepin Parks, they would be
willing to adjust their maintenance schedules if there were any problems.
Mayor Tierney reiterated this ordinance would affect all golf courses in the City.
Councilmember Slavik asked if notices were sent to property owners regarding the hearing this
evening. Planner Rask replied those property owners immediately adjacent to the Eagle Lake
Golf Course were sent letters as they were involved in previous discussions. However, no
formal notices were sent to property owners adjacent to the other golf courses.
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 8 of 12
Councilmember Black stated the proposed Eagle Lake Golf Course is the only golf course where
the adjacent homes were there first.
Keith Greeninger, Hennepin Parks Superintendent, explained the mowing schedules are designed
to stay ahead of the golfers. If golfing started at 7:00 a.m., they would be try to begin mowing at
6:00 a.m. He stated the proposed ordinance would be acceptable to them.
Councilmember Johnson asked if there were complaints registered with the City regarding their
golf course, would they act proactively? Mr. Greeninger responded yes.
David Deziel, 4710 Holly Lane, representing Hollydale Golf Course, stated he supports the
proposed Ordinance. He also stated that there have never been any complaints with their golf
course over the years.
Richard Deziel, 16100 46`h Avenue North, representing Hollydale Golf Course, asked if this
Ordinance addresses decibel levels. Community Development Director Hurlburt stated this
ordinance doesn't affect the decibel levels, just the hours of operation.
Mr. Deziel stressed the need to stay ahead of the golfers, but he also stated that the majority of
the equipment operates very quietly.
Community Development Director Hurlburt informed the Council that it is the history of any
enforcement issue, and if there is not a violation of the law, the majority of the citizens would
work proactively with the neighborhood to resolve any complaints.
Councilmember Brown asked if there were a problem, would Public Safety be in the position to
complete a noise assessment to determine if there would be a violation of the noise standard.
Public Safety Director Gerdes stated the department is capable of making the preliminary
determination.
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adopt an Ordinance Amending Chapter 20 of the Plymouth City Code Relating to Noise
Ord2000-03).
Councilmember Johnson stated she likes that this ordinance treats everyone fairly including the
City who has facilities where maintenance activities are necessary. She stated it would be unfair
to single out a golf course, specifically, the Eagle Lake Golf Course. She reiterated this
ordinance does not allow operators to violate the decibel level. She stated she would be willing
to work with those complaints that are forwarded to the City, if necessary.
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 9 of 12
Councilmember Black stated she does not support this ordinance, and she would prefer that noise
issues be addressed through the Variance process which is currently provided in the City Code.
She repeated that the Eagle Lake Golf Course is completely different from the other golf courses
in the City as the adjacent homes were already constructed and located there before the golf
course was proposed. She stated when the adjacent residents purchased their properties, the
intent was that this area was to never be utilized for a golf course.
Mayor Tierney stated it is her opinion that there should be an ordinance that addresses all golf
courses.
With all members voting in favor of the motion but Black, the motion carried.
8.3) Appeal of Noise Ordinance Variance for the Proposed Eagle Lake Golf Course
99110)
Community Development Director Hurlburt stated the request for the Variance from the Noise
Ordinance has been withdrawn by Hennepin Parks.
8.4) Adoption of Interim Ordinance Prohibiting Development Applications and Zoning
and Subdivision Approvals located west of the Future Extension of Northwest Boulevard
and north of Bass Lake Road (20009)
Planner Rask reported the City is currently preparing an update to its Comprehensive Plan. The
land use element of the plan would identify five areas for future study. While the Council
determined that a change in land use might be necessary in each of these areas, further study is
needed before any guiding changes are made. He stated staff has met with prospective
developers who wish to develop property in a study area located west of the Bass Lake Estates
neighborhood, and the property fronts on Northwest Boulevard, Bass Lake Road, and Quinwood
Lane. These developers have informed staff of their intentions to submit development
applications in the near future. The concepts presented to staff included an office -retail
development on the west side of the study area and a senior housing project along the future
extension of Northwest Boulevard. He stated staff is recommending the Council adopt an
Interim Ordinance prohibiting development applications and zoning and subdivision approvals
for the identified study area which would be effective until July 30, 2000 or until completion of
the study.
He stated it would be necessary for the City to examine potential traffic impacts when
considering different types and intensity of land uses for this study area. Given the limited
access options for this area, it would be necessary for the City to examine site traffic generation,
directional distribution of trips, and other factors necessary to determine if any geometric or
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 10 of 12
operational improvements are needed to safely accommodate traffic within the site and on
adjoining streets. The traffic impacts of different land uses and the ability of the local road
network to handle the trips generated should be considered when reviewing the appropriate
guiding for this area.
He reported when staff reviewed the land use guiding for this site as part of the Comprehensive
Plan update, it was noted that the land within this study area could provide opportunities for high
density housing that is conveniently located and accessible to places of employment, commercial
areas, public uses, and transportation facilities. In addition, high density housing at this location
could also provide an opportunity to construct housing that would meet the City's needs for life
cycle housing opportunities, as well as affordability. He recommended the Council adopt the
proposed Interim Ordinance.
Brian Carey, representing Gene Hickok -United Properties, stated they are working with the
current owner to develop this property. He stressed he would like the opportunity to cooperate
with the City to participate in the process and to determine what type of development should
occur on this site. According to the proposed ordinance, submittal of sketch plans wouldn't be
allowed. He briefly discussed one concept for this site which could be a dual comprehensive
planning guide. He stated they feel the two natural uses for this property would be high density
multi -family and office use.
He stated another important issue is the timing as the current property owner pays $50,000 per
year in taxes, and with this moratorium, he would be prohibited from selling his property.
Therefore, he requested the study begin immediately (within one to two weeks). In conclusion,
he wasn't clear in how the results of the study would determine the appropriate comprehensive
planning guide for this property. He asked if market feasibility would also be utilized.
Community Development Director Hurlburt stated regarding the prohibition on submitting
sketch plans during the interim ordinance there would not be a formal review process. However,
staff would appreciate receiving any information from Mr. Carey on this property. She also
stated that the new Comprehensive Plan would provide for dual guiding as Mr. Carey mentioned.
It is the intent for staff to begin the study immediately. Some of the criteria utilized would be
adjacent uses and market feasibility.
Lou Stocco, Grammercy Corporation, stated they support staff's recommendation to prepare a
study. He stated their company has an option to purchase five acres adjacent to the property that
Gene Hickok -United Properties is interested in purchasing.
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe to
adopt an Interim Ordinance Temporarily Prohibiting the Issuance of Subdivision Approval and
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 11 of 12
Zoning Approvals in a Designated Area Located North of Bass Lake Road and West of
Northwest Boulevard (Ord2000-04). With all members voted in favor but Harstad, the motion
carried.
8.5) Designate County Road 101 plans as an agenda item for the February 8 Council Work
Session (was item No. 6.4)
The Council held a considerable amount of discussion on scheduling a Special Meeting date for
the presentation by Hennepin County on the reconstruction plans for County Road 101. The
Council noted that this meeting should be conducted in the Council Chambers to accommodate
the many residents who would like to hear the presentation and address the staff and Council.
A motion was made by Mayor Tierney, and seconded by Councilmember Harstad, to schedule
the Special Meeting for February 15, 2000, at 5:30 p.m. in the Council Chambers with the
Regular Council Meeting to follow, beginning at 8:00 p.m. With all members voting in favor,
the motion carried.
Reports and Recommendations
9.1) Adoption of 2000 Legislative Agenda
Assistant City Manager Ahrens requested that Councilmembers contact her if they would like to
make any changes to the proposed Resolution establishing legislative priorities for the 2000
legislative session.
Councilmember Johnson stated currently there are no minimum penalties for underage
consumption relating in sales to minors. However, there are advocates who would be lobbying
the legislature for minimums.
Public Safety Director Gerdes added there is a legislative issue that has been initiated, and staff
will follow it closely.
Motion was made by Councilmember Brown, and seconded by Councilmember Black, to adopt a
Resolution Establishing Priority Issues for the 2000 Legislative Session (Res2000-075). With all
members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of February 1, 2000
Page 12 of 12
9.2) Speed Hump on South Shore Drive
Motion was made by Councilmember Johnson, and seconded by Mayor Tierney to reconsider the
vote taken at the January 18, 2000 Regular Meeting, conduct a special meeting with the City of
Medicine Lake on February 14 at 4:00 p.m. on the topic of speed hump and related street and
trail issues, and to postpone this issue indefinitely.
Councilmember Johnson stated the City of Medicine Lake has requested to meet with the
Council to discuss the speed hump in question and other items of interest relating to South Shore
Drive. She stated after meeting with the City of Medicine Lake, and if there are issues identified,
the recommendation could be presented to the Council at a later unspecified date.
Councilmember Harstad requested a broader agenda for this meeting rather than just discussing
the speed hump. Other items that could be discussed are the trails, irrigation for improving water
quality of the lake, funding for that effort, reconstruction of the road, policing of the roadway,
etc.
Councilmember Brown stated the City has indicated its intention to discuss all these issues.
However, he requested the dialogue begin with discussion on the road and speed hump on
February 14.
Mayor Tierney suggested the motion be amended to provide for a tabling date rather than
postponing it indefinitely.
Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik to call
the question. With all members voting in favor but Tierney, the motion carried.
With all members voting in favor of the main motion, the motion carried.
Adjournment
Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to
adjourn the meeting at 9:08 p.m. With all members voting in favor, the motion carried.
1000E-MIZEifMR. Paulson, City Clerk
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