HomeMy WebLinkAboutCity Council Minutes 04-25-2000Adopted Minutes
Regular Council Meeting
April 25, 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 April 25, 2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Johnson, and
Harstad (arrived at 8:00 p.m.).
ABSENT: Councilmember Slavik.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, Community Development Director Hurlburt, Finance Director Hahn, Public
Works Director Moore, Parks and Recreation Director Blank, City Attorney Knutson, and City
Clerk Paulson.
Plymouth Forum
3.1) Carol Ryberg, 3225 Wellington Lane, thanked the Council for meeting with their
organization prior to the Council meeting to discuss affordable housing in the City. She
encouraged the Council to continue to suggest to developers to include affordable housing in
their developments.
Presentations and Public Information Announcements
4.1) Report on Arbor Day 2000 at Pilgrim Elementary School
City Forester Buck reported the City has received the Tree City USA designation for the 17th
year. He reported on the activities that would be occurring on May 12 at Pilgrim Lane
Elementary School. He stated the majority of the proposed plantings at the school are focused
on beautification and wildlife enhancement. Members of the Pilgrim Lane Elementary School's
Student Council recited a poem to the Council in honor of Arbor Day 2000.
Mayor Tierney stated this annual celebration rotates amongst the schools every year. She then
read the Arbor Day proclamation.
4.2) Presentation of Thermal Imaging System from the Plymouth Crime and Fire
Prevention Fund
Billy Goodman, representing the Plymouth Crime and Fire Prevention Fund, presented to the
Council a thermal imaging system which they are donating to the Fire Department.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 2 of 13
Fire Chief Kline thanked Ms. Goodman as well as the community for this generous donation.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to accept
this gift. With all members voting in favor, the motion carried.
4.3) Oath of Office for Two Police Officers
City Clerk Paulson administered the Oath of Office to full-time police officers Nathan Hultgren
and Shawn Grande.
4.4) Mayor Tierney reported on a phone call she received from a resident regarding the
brochure that was recently sent out by the County on the proposed reconstruction of County
Road 101. She stated there were several citizens who didn't receive this information.
Public Work Director Moore illustrated the brochure that was prepared by the County. He stated
the County would be conducting a public open house on April 27 from 5-7:00 p.m. at the
Hennepin County Public Works Facility building, Highway 55 west, Medina.
Councilmember Johnson stated she was disappointed the Council didn't receive more of an
advanced notice on this open house as citizens were hoping that Councilmembers would be
attending this meeting as well. She stated when the Council conducts their next meeting on this
project, there would be a two week notice of that meeting.
Approval of Agenda
Mayor Tierney requested to add a report on Earth Day as item No. 9.2 as well as a report on the
skatepark at Shoreview as item No. 9.3 under Reports and Recommendations.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
approve the amended 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.
Councilmember Brown requested that the proclamation under item No. 6.16 be read this
evening.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 3 of 13
Mayor Tierney requested to remove item No. 6.03 (approve contract with Hennepin County for
new voting equipment) and place it under General Business as item No. 8.6.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the amended Consent Agenda which included the following items:
6.01) Approve proposed City Council Minutes (regular meeting ofApril 11, 2000).
6.02) Resolution Approving Disbursements for the Period ending April 14, 2000 (Res2000-
211).
6.03) (This item was removed from the agenda and placed under General Business as item No.
8.6).
6.04) Resolution Approving a Site Plan amendment for Wayne A. Jeske Associates, Inc. for
West Lutheran High School located at 3350 Harbor Lane North (20028 — Res2000-212).
6.05) Resolution Approving Variances to allow Construction of a Home Addition for Deborah
Sturm for Property located at1401 West Medicine Lake Drive (20021 — Res2000-213).
6.06) Ordinance Amending City Code Chapter II relating to Council Training and Conference
Expenditures (Ord2000-14).
6.07) Resolution Approving Conditional Use Permit for Kenneth Searl for Property Located at
14700 28th Avenue North (20037 — Res2000-214).
6.08) Resolution Approving Change Order No. 7 for the Plymouth Creek Center (Res2000-
215).
6.09) Resolution Approving Financial Management Policy Revisions (Res2000-216).
6.10) Resolution Approving an Encroachment Agreement for Metricom, Inc. for Placement of
Radio Transmitters and Receivers in City Rights -of -Way and Authorizing the Mayor and City
Manager to Sign the Agreement (Res2000-217).
6.11) Resolution Approving Agreement with APT Minneapolis, Inc. (Aerial Communications)
for Zachary Lane Water Tower Antenna (Res2000-218).
6.12) Resolution Receiving Preliminary Engineering Report and Calling for Hearing on
Improvements for 11th Avenue Street Construction Project, South Shore Drive to Cul -de -Sac
East (9911 — Res2000-219).
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 4 of 13
6.13) Resolution Approving Agreement with MN/DOT EVP on Existing Traffic Signal on
Highway 55 and County Road 9/24 (8015 0 Res2000-220).
6.14) Resolution Designating SRF Consulting Group as Consultant for Design and
Construction Engineering Services and Authorize the Preparation of Plans and Specifications for
Cheshire Lane Bridge over C.P. Railroad (9006 — Res2000-221).
6.15) Resolution Ordering Preparation of Preliminary Report for NC-15/MN-16 Trunk Sanitary
Sewer and Waterdmain (9914 — Res2000-222).
6.16) Proclaim May 2 as Yom Hashoah, Day of Remembrance (recommended by the Human
Rights Commission).
6.17) Resolution Approving Traffic Signal Agreement for CSAH 61 and West Medicine Lake
Drive (5019 — Res2000-223).
Councilmember Brown read the proclamation contained under item No. 6.16.
Councilmember Black registered a no vote for item No. 6.05.
Councilmember Johnson stated she would be voting affirmative for item No. 6.05 even though
she agrees with Councilmember Black's position.
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of Part of Drainage Easement for Ponding in Lot 5, Block 1, Inverness
Addition
Public Works Director Moore illustrated the proposed vacation. He explained a petition was
submitted by Steven Jantzen requesting the vacation of part of a drainage easement for ponding
to allow the construction of a berm in the southeast corner of the lot adjacent to County Road 6
to provide a buffer to the traffic. The area where Mr. Jantzen is proposing to construct the berm
is not within the wetland area. The vacation would not include the south 15 feet of the easement
that is used for watermain or the east 10 feet that is required for drainage and utility easement.
Mayor Tierney opened the public hearing for testimony.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 5 of 13
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt
a Resolution Authorizing the Vacation of part of a Drainage Easement for Ponding Purposes
within Lot 5, Block 1, Inverness Addition (Res2000-224). With all members voting in favor, the
motion carried.
7.2) Vacation of Drainage and Utility Easements on Lots 2 and 3, Block 1, Technology
Park
Public Works Director Moore illustrated the proposed vacation. He explained a petition was
submitted on behalf of Hoyt Properties requesting the vacation of part of the drainage and utility
easement along the common property lines of Lots 2 and 3, Block 1, Plymouth Technology Park,
and to allow the construction of an enclosed walkway between Buildings 4 and 5. He stated the
Council approved the lot consolidation for Lots 2 and 3, Block 1, of Plymouth Technology Park
on March 21, 2000. Therefore, with the consolidation of the lots, the drainage and utility
easements along the common property lines are no longer necessary.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the Vacation of Part of the Drainage and Utility Easements within Lots
2 and 3, Block 1, Plymouth Technology Park (Res2000-225). With all members voting in favor,
the motion carried.
7.3) Public Improvement Hearing for the 2000 Street Reconstruction Project (9901)
Mayor Tierney requested to move this item to 8. 1.1 on the agenda as six affirmative votes are
required for passage (Councilmember Harstad to arrive shortly).
Motion was made by Councilmember Black, seconded by Councilmember Brown, to move this
item to 8. 1.1 under General Business. With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 6 of 13
General Business
8.1) Approve Comprehensive Plan Update (98025)
Community Development Director Hurlburt stated the Comprehensive Plan has been a major
plan of the City for the past three years. The required public hearings and open houses have
been conducted, and staff recommends the Council adopt a Resolution providing preliminary
approval to the draft Comprehensive Plan and direct staff to submit it to the Metropolitan
Council for review.
Councilmember Bildsoe asked what events occur once the plan is submitted to the Metropolitan
Council.
Community Development Director Hurlburt stated the Metropolitan Council has 10 days to
review the plan for completeness. The Metropolitan Council would then have 60 days to
complete their review process which would include a finding, if appropriate, for any changes to
be made to the plan. Following this review, the plan would be presented to the Council for
formal adoption if there weren't any major changes to the plan identified by the Metropolitan
Council.
Councilmember Bildsoe asked if the Council would have any opportunity to modify smaller
parts of the plan if necessary.
Community Development Director Hurlburt stated during the time when the plan is being
reviewed by the Metropolitan Council, there could be no formal changes. However, prior to
submitting the plan to the Metropolitan Council, there could be smaller changes that may be
recommended by neighboring communities that could be incorporated. In addition, the Council
would have the opportunity to make any changes before final adoption.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Preliminarily Approving Draft Comprehensive Plan Update and Directing its
Submission to the Metropolitan Council for Review (98025 — Res2000-227).
The Council conveyed their thanks to all staff members, members of boards and commissions,
and citizens who provided their input.
Mayor Tierney stressed that this is a 20 -year plan. Councilmember Black added there would
probably be an update to the plan in 10 years.
There being no further discussion and with all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 7 of 13
8.1.1) Public Improvement Hearing for the 2000 Street Reconstruction Project (previously
item No. 7.3)
Due to Councilmember Harstad not being in attendance, a motion was made by Councilmember
Black, and seconded by Councilmember Bildsoe, to move this item to 8.25. With all members
voting in favor, the motion carried.
8.2) Approve Capital Improvements Program for 2000-2004
Assistant City Manager Ahrens provided a brief overview of the proposed Capital Improvements
Program (CIP) for 2000-2004. She stated the CIP plans expenditures of over $55 million during
the five year period. She stressed that the CIP does not give final approval to any project.
She gave a brief overview of the CIP which includes Northwest Plymouth (extension of Cheshire
Lane, new water tower, I e playfield site, and Schmidt Lake Road extension), possibility of open
space acquisition (acquire additional open space in City, and establish a greenway in Northwest
Plymouth), construction of a fourth fire station (cost of $4.5 million or $2.5 million ifshared with
Maple Grove, fire department staffing issues, and location and staffing studies underway), Water
Resources Management Plan (Parker's Lake improvements — $850, 000 expenditure in 2001,
Medicine Lake improvements - $750, 000 expenditure in 2002, and Schmidt Lake improvements -
30, 000 expenditure in 2003), and maintaining and enhancing existing capital resources.
She discussed the operating costs for Plymouth Creek Center ($204, 000 but already has been
established in the 2000 budget), and additional Zachary water treatment plant expansion
approximately $210,000). She stated no operating costs have been included in the CIP for a
fourth fire station.
A discussion was held on the replacement of City bleachers during the last year. It now appears
that the City may have replaced their bleachers too quickly due to new legislation that is
proposed. Parks and Recreation Director Blank stated the City has the safest high quality
bleachers, but by law, it may not have been necessary to replace all the bleachers.
Mayor Tierney requested a letter be sent to the local legislators informing them of the costs the
City has incurred as the City was acting in good faith. Councilmember Johnson added a copy of
this letter should be sent to the League of Minnesota Cities as well.
Councilmember Harstad arrived (8:00 p.m.).
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to adopt
a Resolution approving the 2000-2004 Capital Improvements Program for the City of Plymouth
Res2000-228). With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 8 of 13
8.25) Public Improvement Hearing for the 2000 Street Reconstruction Project (previously
item No. 7.3)
Public Works Director Moore illustrated the proposed area which is the portion of Maintenance
District 17 east of Vicksburg Lane and south of Schmidt Lake Road extending to and including
Orchid Lane and 45th Avenue. He stated staff prepares annual evaluations of different areas that
are in need of street reconstruction, and then a five year program is assembled for those
respective areas. He stated in this project area, the majority of streets are being proposed for
partial street reconstruction. He stated there are some streets that have adequate sub soils so
there is basically an overlay. All curb and gutter that needs to be replaced is replaced. He
reported only 15% of the overall cost of the project would be assessed to the property owners
due to the extensive work. Lastly, staff conducted a public informational meeting for all affected
property owners.
Councilmember Black asked how old the streets are in this area. Public Works Director Moore
replied they were constructed in 1980 or 1981.
Councilmember Bildsoe suggested staff address the sub soil before streets are constructed so the
City doesn't have to replace sub soil when the streets are resurfaced. Public Works Director
Moore stated when the street reconstruction program was implemented, staff discovered the
difficulty with sub soils. Therefore, since that time, the standards have been amended to include
sub soils.
Councilmember Brown asked what the cost differential is between mill and overlay and full
street reconstruction. Public Works Director Moore stated the difference is the replacement of
all the curb and gutter. With this project, there is just a limited amount of curb and gutter that
needs to be replaced.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Ordering Improvement and Preparation of Plans and Specifications for the 2000
Street Reconstruction Project (9901— Res2000-226). With all members voting in favor, the
motion carried.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 9 of 13
8.3) Consider Interim Ordinance for Land Use Plan Study Areas
Community Development Director Hurlburt reported Councilmember Harstad has requested to
consider whether to adopt an interim ordinance prohibiting building permits, development
applications, sketch plan reviews, and zoning and subdivision approvals within Study Areas A,
B, C, and E. She illustrated the location of these study areas. She stated as part of the
implementation of the Comprehensive Plan, there would be additional study of these areas, and
each of these study areas are unique. She stated the City has issued an interim ordinance for
Study Area D.
She informed the Council that staff received correspondence from a developer requesting there
be an interim ordinance for Study Area E. She stated the interim ordinance provides the City up
to a maximum of 2.5 years to conduct a study of the area. At this time, staff recommends that
interim ordinances only be considered for Study Areas C and E. In addition, the City would
notify the landowners potentially affected by the ordinance, and the draft ordinances would be
placed on the May 23 Council agenda for consideration.
Councilmember Harstad stated regarding Study Area A, since there is a sketch plan in process
for development of this area, he would prefer to not consider an interim ordinance for this area.
However, he would support interim ordinances for Study Areas B, C, and E.
Motion was made by Councilmember Brown, and seconded by Councilmember Bildsoe, to not
consider interim ordinances (moratoriums) for Study Areas A, B, C, and E.
Mayor Tierney feels interim ordinances should be used sparingly.
Councilmember Black stated she is concerned about Study Area C as this is an important piece
of land in this area. Therefore, she would to consider an interim ordinance for this study area.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
amend the main motion to consider a moratorium ordinance at the May 23 Council Meeting for
Study Area C in order to allow for public comment.
Community Development Director Hurlburt stated the completion of Study Area D would be in
July. Staff is committed to reviewing the work plan for Study Area E by the end of this year.
Currently, staff is reviewing Study Area A so all three areas could be completed by the end of
this year.
Councilmember Johnson suggested the Council wait for additional information from staff before
proceeding on this request. She stated all options should remain open for all areas.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 10 of 13
Councilmember Black clarified that if the Council enacts an interim ordinance for a study area, it
doesn't remove it as a study area. Community Development Director Hurlburt stated that is
correct as the study area designation is contained in the Comprehensive Plan.
Jim Yarsh, attorney for property owner on Highway 55 and Old Rockford Road, illustrated their
property which is included in Study Area E. This area was originally guided to commercial and
then slated to be reguided to LA -2. It currently is included in the study area. His client is
recommending an interim ordinance for this area so there is a finite time in which this area is
studied. His client appreciates staff's attempt to study this as soon as possible.
Councilmember Black asked how many property owners are in this area. Attorney Yarsh replied
he is unsure as he has only spoken to a few of them. The people that he has spoken to are
requesting an interim ordinance.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
amend the main motion to consider a moratorium ordinance at the May 23 Council Meeting for
Study Area E in order to allow for public comment. With all members voting in favor of the
amended motion, the motion carried.
The Council voted on the amended main motion (Study Areas A & B not consideredfor an
interim ordinance at this time). With all members voting in favor, the motion carried.
Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, that
any future study areas not identified in the City's Comprehensive Plan have interim ordinances.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
postpone this item to a future Council Study Session with a date to be determined.
With all members voting in favor but Councilmembers Black and Bildsoe, the motion carried.
8.4) Public Safety Report on Alcohol Compliance Procedures
Public Safety Director Gerdes provided a brief overview of the report which was given at the
April 11 Council meeting.
Councilmember Bildsoe stressed whatever enhancements are made to the program, the City
keeps a clear vision on what is trying to be accomplished which is to reduce the sale of alcohol to
minors. This goal should be made clear to those individuals who would be attending the City's
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 11 of 13
training sessions. He indicated his displeasure with proposed legislation in reducing the fines
from a gross misdemeanor to a misdemeanor to minors for alcohol consumption. He stated the
City and County have spent a great amount of time and funds on enforcing this law.
Councilmember Brown echoed Councilmember Bildsoe's concern with the proposed legislation.
Councilmember Harstad asked of the cases that were charged, how many were charged as a
gross misdemeanor. Public Safety Director Gerdes stated every case was charged as a gross
misdemeanor, but 90% of them were reduced to misdemeanor.
Councilmember Black provided favorable comments on the Best Practices section, the training
program for licensed establishments, and she likes the recalculation for a three-year period. She
stated she would also like the City to address the underage individuals who have tried to
purchase the alcohol.
Councilmember Johnson requested the Public Safety Advisory Board, Youth Advisory Council,
and the public to review this report and provide comments to the City.
Councilmember Harstad asked if there it is an overburden on staff's time to administer this
program. Public Safety Director Gerdes stated the recommendations that are proposed would
allow a faster and easier process for staff.
Councilmember Brown asked if a method would be included for evaluating the effectiveness of
this program. Public Works Director Gerdes stated that component would be included in the
overall report back to the Council. Councilmember Brown added he would like to review what
indicators staff would be utilizing for benchmarks.
Motion was made by Councilmember Johnson ,and seconded by Councilmember Harstad, to
accept the staff report, direct staff to proceed with the suggested public process, and to bring
back to Council for action at a future date. With all members voting in favor, the motion carried.
8.5) Consider Voluntary Acquisition of Property at 954017th Avenue North
Councilmember Harstad he has discovered the property located at 9540 17th Avenue was for
sale. He stated this property is located between the East Beach Park and Highway 169 and faces
the professional building. He suggested the Council consider purchasing this property for
targeted redevelopment and open space acquisition and possibly rent it to the fire personnel. He
stated eventually, the City could purchase the remaining two properties adjacent to this property
which would provide a nice view to the East Beach Park area. Lastly, if this concept didn't
work, the City could list the property for sale.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 12 of 13
Councilmember Brown stated he is opposed to this idea, and he questions why the City would
even consider purchasing properties in a well kept neighborhood. There are other areas of the
City where the redevelopment efforts are much greater.
Councilmember Johnson stated for open space acquisition, there would be a review process. She
stated this is an area of affordable housing in the City, and she wouldn't want to remove this type
off the market. This property is not property that needs to be demolished, a tax forfeiture, or a
substandard lot. Regarding housing for fire personnel, the City could have other options that
would be in closer proximity to the fire stations.
Councilmember Harstad stated in terms of open space acquisition, the property has to be for sale.
Therefore, this is an opportunity for purchase. He stated this residential area is more of a
potential candidate for redevelopment of residential usage. He stated the sale price on this
property and the tax rate are too high to classify the property as affordable housing. It would be
difficult to generate a rent level that would suffice for acceptable for HRA guidelines.
Councilmember Johnson stated before she would approve this acquisition, she would need to
know where the funds would come from and the object of purchasing the property.
Motion was made by Mayor Tierney, and seconded by Councilmember Bildsoe, seconded to
take no action on this request at this time. With all members voting in favor but Harstad, the
motion carried.
8.6) Approve contract with Hennepin County for new voting equipment
Assistant City Manager Ahrens reported on the proposed agreement and stated the County would
be purchasing and leasing back to all cities in the County new election equipment. She stated the
City's cost for leasing the equipment is $2,875, which is the maintenance cost, and this amount is
one-half the amount the City has been paying to maintain the existing voting equipment. She
stated the City, as well as all the cities in the County, is in need of new election equipment.
Lastly, she stressed that the City wouldn't be making a payment for the capital equipment cost
only payment for annual maintenance on each machine.
Motion was made by Mayor Tierney, and seconded by Councilmember Bildsoe, to adopt a
Resolution Approving Agreement with Hennepin County for new Voting Equipment (Res2000-
229). With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of April 25, 2000
Page 13 of 13
Reports and Recommendations
9.1) Appointment to Plymouth Advisory Committee on Transit
It has been brought to the Council's attention that there are a number of citizens who are
interested in serving the Plymouth Advisory Committee on Transit. Therefore, they indicated
that they do not support making the one appointment this evening, and recommended that staff
schedule a future Study Session to interview the applicants once all the applications are received.
Motion was made byMayor Tierney, and seconded by Councilmember Bildsoe, to direct staff to
schedule a future Study Session to interview all applicants. With all members voting in favor,
the motion carried.
9.2) Report Earth Day
Councilmember Black reported on the success of this year's event.
9.3) Skatepark at Shoreview
Mayor Tierney stated she along with Parks and Recreation Director Blank, Councilmember
Black, and City Manager Johnson visited the skatepark at Shoreview. She stated no action is
being recommended at this time but rather the City would continue to review the possibility of a
skatepark. She stated the Park and Recreation Advisory Commission would be reviewing the
possibilities.
Councilmember Johnson added the Youth Advisory Council would also like to have an
opportunity to comment on this as well.
Adjournment
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adjourn the meeting at 9:35 p.m. With all members voting in favor, the motion carried.
A YJwbod
Sandra R. Paulson, City Clerk