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HomeMy WebLinkAboutCity Council Minutes 12-19-2000Adopted Minutes Regular Council Meeting December 19, 2000 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:10 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on December 19, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Bildsoe, Slavik, Johnson, Black, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Glenn McLearen, 4530 Coplan Lane, addressed the Council of an incident that occurred between himself and his neighbor. This incident was investigated by the Police Department; however, in his opinion not all of the evidence was reviewed. This situation has created turmoil and stress for his family. City Manager Johnson stated he would provide a report to the Council regarding this incident. Dr. Michael Mrosak, D.D.S, stated he is representing a group of dental and medical professionals that would be located at the Plymouth Hills Professional Building at the corner of 34th Avenue and Plymouth Boulevard. They are very excited to being a part of the community, and he thanked the developer and City staff. Presentations and Public Information Announcements 4.1) Recognition of Outgoing Councilmembers (Tim Bildsoe, Ward 1, and Brad Brown, Ward 3) Mayor Tierney read Councilmembers Brown and Bildsoe's achievements during the time they served on the City Council. Councilmembers Bildsoe and Brown informed the Council and staff that they would be donating a tree to the Millennium Garden in recognition of City staff. Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 2 of 14 All the Councilmembers conveyed their thanks and appreciation to Councilmembers Bildsoe and Brown for serving on the Council. 4.2) Presentation of Citizen Academy Graduates Sergeant Goldstein announced the 2000 graduates of the Citizens Academy. Mayor Tierney presented certificates to the graduates. 4.3) Presentation of Special Recognition for 2000 "Make a Difference Day" Human Rights Commissioner Wheeler highlighted some of the activities that occurred during the 2000 "Make a Difference Day." A certificate of appreciation was presented to the Chelsea Wood Community who collected a significant amount of toiletries and personal care items which were donated to Home Free. On behalf of the Council, Councilmember Brown thanked Commissioner Wheeler for all her work on this project, and he presented a certificate to Commissioner Wheeler. 4.4) Presentation on the "Where's Wicky" Contest Public Safety Education Specialist Cwayna provided an update to the Council on the contest by showing this year's video. 4.5) Presentation of Crosswalk Grant from the Minnesota Safety Council Public Safety Education Specialist Cwayna reported on the crosswalk study which contained three phases. She stated the City received a grant application grant for a variety of crosswalk - related public education activities in May 2000. She requested the Council to accept the grant in the amount of $1,604 and authorize the Mayor and City Manager to enter into another grant for continuation of the pedestrian and crosswalk safety project. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Accepting Grant Funding from the Minnesota Safety Council and Authorizing the Mayor and City Manager to Enter into the Grant Agreement (Res2000-587). With all members voting in favor, the motion carried. 4.6) Recognition of Award to Public Education Safety Education Specialist Sara Cwayna for her work on the "Lester & COnnie Project Public Safety Director Gerdes reported that Public Safety Education Specialist Cwayna received the 2000 Public Safety and Fire Prevention Award for her work on the Lester and COnnie Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 3 of 14 programs. He then presented the award to her. The Council congratulated her on this accomplishment. Public Safety Director Gerdes provided an update to the Council on the recent train derailment that occurred in the City. Approval of Agenda Councilmember Slavik requested to add the possibility of the current Council purchasing a brick for the Millennium Garden as item No. 9.3 under General Business. Mayor Tierney requested to add the of recessing of this evening's meeting to Mulligan's as item No. 9.4 under General Business. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, 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. City Manager Johnson noted that the Council was provided this evening with a complete staff report for item No. 6.14. Mayor Tierney requested that item No. 6.11 be removed from the Consent Agenda placed under General Business as item No. 8.4. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to drove the amended Consent Agenda which included the following items: 6.01) Approve proposed Regular Council Meeting minutes of October 10, Regular Council Meeting minutes of October 24, Regular Meeting minute of November 14, and Special Meeting minutes of December 4. 6.02) Resolution Approving Disbursements as Required by Minnesota Statutes 471.87-471.89 Res2000-588), and a Resolution Approving Disbursements for the Period Ending December 8, 2000 (Res2000-589). Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 4 of 14 6.03) Resolution Adopting Assessments for Abatement of Hazardous Buildings at 1441 West Medicine Lake Drive (Res2000-590). 6.04) Resolution Approving a One -Year Extension of the Development Approvals for United Properties for Phase 2 of Plymouth Woods Office Center, located southeast of 34th Avenue and Fernbrook Lane (98169 — Res2000-591). 6.05) Resolution Approving Conditional Use Permit for Fred Kickertz to allow a 1,085 square foot Three -Stall Garage on Property located at 2205 West Medicine Lake Drive (20168 — Res2000-592). 6.06) Resolution Approving Site Plan Amendment for an 11,120 square foot Addition and Interim Use Permit for reduce the Number of Required Parking Stalls for the AT&T Building at 13320 15th Avenue North (20170 — Res2000-593). 6.07) Resolution Approving a Conditional Use Permit for Plaza Properties to allow a Minor Auto Repair Use Involving installation of After -Market Accessories onto Automobiles, for Property located at 14440 28th Place North (20172 — Res2000-594). 6.08) Resolution Establishing the Plymouth Tax Increment Housing Assistance Program Res2000-595). 6.09) Resolution Authorizing the Mayor and City Manager to enter into a Grant Agreement with the Minnesota Department of health for a Youth Tobacco Access Enforcement Project Res2000-596). 6.10.1) Resolution Approving 2001 Amusement Licenses (Res2000-597). 6.10.2) Resolution Approving Gasoline Service Station Licenses for 2001 (Res2000-598). 6.10.3) Resolution Approving 2001 Tobacco Licenses (Res2000-599). 6.10.4) Resolution Approving Target and Trap Shoot License for Plymouth Gun Club Res2000-600). 6.11) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.4). 6.12) Resolution Establishing Regular Meeting Dates and Board of Review Meeting Dates for 2001 (Res2000-601). Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 5 of 14 6.13) (This item was tabled to January 9, 2001). 6.14) Resolution Approving the 2001 Pay and Compensation Plan (Res2000-603). 6.15) Resolution Approving the 2001 Monthly Contribution to Health and Dental Insurance or Deferred Compensation for Non -Represented City Employees (Res2000-604). 6.16) Resolution Establishing 2001 Pay Schedule for Members of the Plymouth Fire Department (Res2000-605). 6.17) Resolution Approving Amendments to the Personnel Policy (Res2000-606). 6.18.1) Resolution Reducing Required Financial Guarantee for Westbranch 3`d Addition (94046 Res2000-607). 6.18.2) Resolution Reducing Required Financial Guarantee for Plum Tree East Addition 94090 — Res2000-608). 6.18.3) Resolution Reducing Required Financial Guarantee for Westbranch 4h Addition (95139 Res2000-609). 6.18.4) Resolution Reducing Required Financial Guarantee for Conor Meadows Addition 96113 — Res2000-610). 6.18.5) Resolution Reducing Required Financial Guarantee for Conor Meadows Plat II (96150 Res2000-611). 6.18.6) Resolution Reducing Required Financial Guarantee for Annapolis Depot Addition 95139 — Res2000-612). 6.18.7) Resolution Reducing Required Financial Guarantee for Conor Meadows Plat III (98092 Res2000-613). 6.18.8) Resolution Reducing Required Financial Guarantee for Plum Tree East 2nd Addition 98128 — Res2000-614). 6.18.9) Resolution Reducing Required Financial Guarantee for Plum Tree East 3`d Addition 98129 — Res2000-615). 6.18.10) Resolution Reducing Required Financial Guarantee for Cornerstone Commons 3`d Addition (99050 — Res2000-616). Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 6 of 14 6.18.11) Resolution Reducing Required Financial Guarantee for Plum Tree East 4t' Addition 20045 — Res2000-617). 6.18.12) Resolution Reducing Required Financial Guarantee for Plum Tree East 5a' Addition 20084 — Res2000-618). 6.18.13) Resolution Reducing Required Financial Guarantee for Wayzata Farms Addition 20100 — Res2000-619). 6.19) Resolution Ordering Public Hearing on the Vacation of Del Place in Sunset Acres Res2000-620). 6.20) Resolution Ordering Public Hearing on the Vacation of Part of the Drainage and Utility Easements within Outlot C of Drakeland Business and Technical Center (Res2000-621). 6.21) Resolution Approving Change Order No. 1 for Zachary Lane (Res2000-622), and Resolution Approving Request for Payment No. 10 and Final Zachary Lane Street and Trail Improvements for State Aid Project 155-158-05 & 155-020-10 (5030 — Res2000-623). 6.22) Resolution Approving Change Order No. 1 for Lift Station No. 2 Renovation (8030 — Res2000-624). 6.23) Resolution Awarding Bid for Emergency Vehicle Pre-Emption Systems (EVP) (8015 — Res2000-625). 6.24) Resolution Approving Cooperative Joint Powers Agreement for Lawndale Lane Construction, County road 10 to County Road 47, City of Plymouth and City of Maple Grove 9913 — Res2000-626). 6.25) Resolution Designating Additional Funding for Public Improvement Projects (Res2000- 627). 6.26) Resolution Approving Water Resources Management Plan Implementation for Parker Lake Watershed Modeling Study (1003 — Res2000-628). 6.27) Resolution Approving Wetland Mitigation and Replacement Plan for Gramercy Corporation (20137 — Res2000-629). 6.28) Resolution Receiving Preliminary Engineering Report and Calling for Hearing on Improvements for 2001 Street Reconstruction Project (Res2000-630), Mapledell/Maple Creek Area (1001 — Res2000-631). Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 7 of 14 6.29) Resolution Approving Garbage Hauler License for Metro Disposal, Inc. (Res2000-632). 6.30) Resolution Approving Final Payment to Shingobee Builders for Plymouth Creek Center Res2000-633). 6.31) Resolution Appointing Individuals to fill Vacant Terms on Various Boards and Commissions (Res2000-634). 6.32) Resolution Adopting the State of Minnesota Statute 471.345 for all City Purchases Res2000-635). 6.33) Ordinance Amending Chapters X and XI of the Plymouth City Code Concerning Amusement Centers (Ord2000-36). 6.34) Resolution Authorizing the Director of Parks and Recreation to apply for 2001 Grants for parks and Trails (Res2000-636). 6.35) Order a public hearing to be held on January 9, 2001 to consider adoption of an Ordinance amending Chapter 5 of the City Code relating to official maps and adoption of an official map. Councilmember Black recommended item No. 6.13 be discussed under General Business rather than under Consent Agenda. She would like to make an amendment. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to remove item No. 6.13 from the Consent Agenda and table action until the January 9, 2001 meeting. With all members voting in favor, the motion carried. Councilmember Slavik conveyed her thanks to Park and Recreation Director Blank regarding the cost of the Plymouth Creek Center coming under budget. Mayor Tierney requested a letter be sent to the builder and architect for the beautiful job on the facility. Councilmember Harstad stated he would be abstaining on item No. 6.28(b) due to a conflict of interest. Councilmember Bildsoe stated he would be abstaining from item No. 6.02 due to a conflict of interest. Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 8 of 14 Assistant City Manager Ahrens read the proposed appointments to the City Boards and Commissions (item No. 6.31). Motion carried to approve Consent Agenda. Public Hearings 7.1) Amendment to the Tax Increment Financing (TIF) Plan for TIF District 7-2, Olympic Steel Community Development Director Hurlburt reported on the proposed amendment to the Tax Increment Financing Plan (TIF) for the TIF District 7-2 (Olympic Steel) to allow the pooling of tax increments to assist affordable housing located outside of the tax increment district. The amendment to the TIF plan increases the amount of increment which could be spent outside the TIF district to 35% and authorizes the corresponding budget modification to allow the expenditure of up to $276,487 in pooled tax increments collected through the first half of 2003 for qualifying costs of affordable housing anywhere in the City. All of the TIF costs of the Olympic Steel project have been paid as of receipt of the increments collected during the first half of 2000. This amendment would allow the City to pool tax increments from the district for affordable housing starting with the $54,463 in tax increments collected in the second half of 2000 until the aggregate total of $276,487 has been collected as indicated above. Mayor Tierney opened the public hearing for testimony. There being no one wishing to provide testimony, Mayor Tierney declared the public hearing closed. Councilmember Harstad conveyed his thanks to Mayor Tierney for her involvement in the Metropolitan Council in trying to bring affordable housing to the City. Motion was made by Councilmember Slavik, and seconded by Councilmember Brown, to adopt a Resolution Approving an Amended Tax Increment Financing Plan for Tax Increment Financing (Economic Development) District No. 7-2 (Res2000-637). With all members voting in favor, the motion carried. 7.2) Approve 3.2 Malt Liquor Application for Sky Ventures, LLC d/b/a Pizza Hut, 1415 County Road 101 Assistant City Manager Ahrens reported on the request to approve a 3.2 Malt Liquor License to Sky Ventures, LLC d/b/a Pizza Hut, at 1415 County Road 101. Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 9 of 14 Mayor Tierney opened the public hearing for testimony. There being no one wishing to provide testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Harstad, to adopt a Resolution Approving On -Sale 3.2 Malt Liquor License to Sky Ventures, LLC d/b/a Pizza Hut (Res2000-638). With all members voting in favor, the motion carried. 7.3) Adoption Hearing for 2001 Budget and Tax Levy City Manager Johnson provided a brief summary on the 2001 proposed budget and the impact of City taxes on both residential and commercial properties. Councilmember Harstad asked why the Council would be adopting the transit fund budget. Finance Director Hahn replied that staff prepares a budget for the transit system; however, it doesn't affect the truth and taxation process as the City doesn't levy taxes. The funding for the system is provided through the Metropolitan Council. Mayor Tierney opened the public hearing for testimony. There being no one wishing to provide testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Approving Property Tax Levies for Taxes Payable in 2001 (Res2000-639) and a Resolution Adopting 2001 Budgets (2000-640). With all members voting in favor, the motion carried. General Business 8.1) Consider Study of Elmburst/Elmhurst Gateway Neighborhoods Community Development Director Hurlburt stated at a previous Council meeting a resident of the Elmhurst neighborhood addressed the Council regarding the need for redevelopment in his neighborhood. The resident stated that many of the lots are small and irregularly shaped, and the streets are narrow. These factors inhibit current homeowners in the neighborhood from improving their properties. The Council referred the matter to the Housing and Redevelopment Authority (HRA) for review and to make recommendations on how the City should respond. Staff prepared a study for the HRA to assist them in carrying out this task. Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 10 of 14 She stated when staff reviewed the Elmhurst neighborhood, they reviewed adjacent properties and discovered there were many similarities in the neighborhood to the south, Elmhurst Gateway. Staff concluded that it would be more efficient to study both areas at the same time and therefore expanded the study to include both areas. She stated in these neighborhoods, many of the homes are old, and property owners are continuing to make investments in their homes. These homes also represent a substantial supply of affordable housing. From the data that staff gathered it is clear that the two neighborhoods are not blighted, and that the costs of redevelopment would exceed the benefits. Because of the high costs of acquiring the properties that have a total value exceeding 20 million dollars, any new development would need to be denser and very high cost to begin to be economically feasible. Consequently, to redevelop Elmhurst and Elmhurst Gateway, the City would lose a large supply of affordable housing in return for additional expensive housing. Not only would this represent clearance of areas that are clearly not blighted, but it would also be diametrically opposed to the City's adopted housing goals and policies supporting the need for more, not less affordable housing. She stated after the HRA reviewed the report, they have recommended that the Council accept the staff report on the two neighborhoods and take under consideration the following actions: 1. Reguide the lots in the Penwalk Addition from P -I to LA -1. The current guiding was put in place alt a time when the City was considering including these lots in West Medicine Lake Park. However, the City has not set the park boundary to the south of these lots and therefore, the lots are no longer being considered for future park acquisition. Reguiding them consistent with their residential zoning would remove any potential uncertainty on what constitutes appropriate use. 2. Initiate a rezoning of the Elmhurst and Elmhurst Gateway neighborhoods from RSF-2 to RSF-3. As part of this task, investigate the impact of the smaller lots sizes as they relate to current shoreland regulations and potential changes in the shoreland regulations that would achieve both the City's water quality goals and goals for maintaining the City's neighborhoods. 3. Design a comprehensive public process in conjunction with neighborhood -wide code enforcement in the Elmhurst and Elmhurst Gateway neighborhoods. Councilmember Bildsoe stated he supports the recommendation. He stated this is an initiative that could possibly be considered for other neighborhoods located near the lake. Councilmember Black stated she is concerned about water quality issues and redevelopment. She requested this report be presented to the Medicine Lake Improvement committee. Community Development Director Hurlburt stated staff is working with a consultant that is studying the water quality issues, and hopefully that report would consider more specific issues to address those problems. Adopted City Council Minutes Regular Meeting of December 19, 2000 Pagell of 14 Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Recommending Actions by the City of Plymouth in Response to a Study of the Elmhurst and Elmhurst Gateway Neighborhoods (this resolution contains the three considerations as listed above — Res2000-641). Gary Bohn, 2486 Hemlock Lane North, stated he is the resident who presented this request to the Council in September. He stated there are 12 properties that are on unimproved accesses and streets. He stated currently the City does not plow near their home. He stated they would like development in the area, but before they build, the inaccessible areas should be addressed. He stated some of the properties contain homes that were built 60 or more years ago, and they were built as seasonal homes and/or cabins. Due to the width of these properties, one is unable to rebuild after the properties come up for sale. He suggested that the City consider "land banking" these properties as that would assist in addressing some of the blighted properties and those properties with poor accesses. Community Development Director Hurlburt stated there are some isolated homes where it would not be feasible to rebuild. However, each lot is an individual situation. She is unsure if there is potential for the City in holding properties while waiting for adjacent properties to become available. Public Works Director stated Mr. Bohn's driveway is a private driveway which is why the City doesn't plow that street. He stated for those streets that are unimproved, staff provides information to the property owners on how to petition the City for public improvements. The Council voted on the main motion and with all members voting in favor, the motion carried. A short recess was conducted from 9:00 p.m. -9:15 p.m. 8.2) Approve Agreement for Hilde Performance Center City Manager Johnson stated he has heard comments on how this agreement would coincide with the site plan approval and the Environmental Assessment Worksheet process. In order to amend the wording of the agreement, he requested the Council table action on this item. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to table this item to the January 9, 2001 meeting. With all voting in favor, the motion carried. 8.3) Approve Process and Request for Proposals for Engineering Consultants for Regular" Type Improvement Projects Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 12 of 14 Public Works Director Moore stated in 1992 the Council adopted a policy in selecting consultants for the City, and through the years, that policy has been amended. In 1996, the Council completed the review and designated consultants to be considered for professional services for the City's public improvement projects. With this approval, the Council also stated that these firms should be reviewed and consideration should be given to revising the list on or before December 31, 2000. He stated staff is recommending the formation of a consultant selection committee which would recommend the consultants to be interviewed by a Council subcommittee, which meet the qualifications contained in the policy. A Council subcommittee would interview the consultants and recommend to the Council whether they should be included in the matrixes of various firms. Councilmember Brown asked how effective this process would be, and if it is similar to what other cities utilize. Public Works Director Moore stated all cities are different, and it all depends on the volume of the work. He stated Plymouth averages 20 projects per year, and from staff's view, this process works very well. The major determination is how involved the Council desires to be in the interviewing and reviewing process. Councilmember Harstad stated as the number of yearly projects continues to increase, perhaps the Council should consider hiring a full-time employee rather than utilizing consultants. Public Works Director Moore stated the majority of the projects involve several people and items. He stated there are specialty projects where the City would need to utilize a consultant. Mayor Tierney and Councilmember Johnson volunteered to serve on the Council subcommittee. Motion was made by Mayor Tierney, and seconded by Councilmember Slavik, to approve the recommended procedure and schedule for consultant selection, and appoint Mayor Tierney and Councilmember Johnson to serve on the Council subcommittee. With all members voting in favor, the motion carried. 8.4) Amended Agreement for Legal Services provided by Campbell Knutson, Professional Association Mayor Tierney stated according to the proposed amended agreement, it would cost the City $210 per Council meeting for the City Attorney to be present. In addition, if the Council meeting lasted longer than 10:00 p.m., there would be an hourly rate. She asked if this would have any affect on the length of the Council meetings. City Attorney Knutson suggests amending the agreement to state $210 per meeting for the first four hours rather than 11:00 p.m. Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 13 of 14 The Council noted that it has been quite some time since there was an increase in the contract, and the City Attorney also has increased overhead and health care costs which contributes to the increase. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Amended Agreement for Legal Services provided by Campbell Knutson, Professional Association (Res2000-642) with the amendment as suggested by City Attorney Knutson ($210 per meeting for the first four hours, hourly rate thereafter). With all members voting in favor, the motion carried. Reports and Recommendations 9.1) Discuss Meeting with Legislators Councilmember Johnson suggested the Council meet with the legislators at the League of Minnesota Cities building. City Manager Johnson requested that by December 31, the Council present their list of issues to staff so an agenda could be prepared. This list would then be discussed at the January 9, 2001 Council meeting. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to schedule a meeting at the League of Minnesota Cities building. With all members voting in favor, the motion carried. 9.2) Report on National League of Cities Conference in Boston Mayor Tierney highlighted some of the sessions she attended while she was at the conference in Boston, and she provided literature to the Council on the conference. She requested a letter be sent to Karen Anderson, Mayor of Minnetonka, congratulating her on the First Vice President position with the National League of Cities. 9.3) Purchase of Brick for the Millennium Garden Councilmember Slavik requested that the current Council purchase a brick for the Millennium Garden. Councilmembers are to give their money to Assistant City Manager Ahrens who will coordinate the effort. Adopted City Council Minutes Regular Meeting of December 19, 2000 Page 14 of 14 Adjournment At 9:50 p.m., the Council recessed the meeting to Mulligan's whereby the meeting would be adjourned in one hour. l andra R. Paulson, City Clerk