HomeMy WebLinkAboutCity Council Minutes 02-09-1999 SpecialAdopted Minutes
Special Council Meeting
February 9, 1999
A special meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Public Safety Training Room, 3400 Plymouth Blvd., on February 9,
1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Bildsoe, Slavik,
Black, Spigner, and Harstad.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community
Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn,
Park and Recreation Director Blank, and City Clerk Ahrens.
Proposed Fernbrook Lane Extension Alignment
Public Works Director Moore introduced Jim Dvorak of Strgar Roscoe Fausch,
consultant to the City. Director Moore gave a presentation on the proposed Fernbrook
Lane alignment. He showed maps depicting wetlands, physical features, land acquired to
date by Hennepin Parks for the future regional trail, and the area of the proposed Begin
Oaks Golf Course. The DNR and Army Corps of Engineers have jurisdiction over the
lakes and some of the wetlands in the area, and permits will be required. Director Moore
described the five preliminary alignments and briefly discussed the major impacts of
each. The alignments have varying degrees of impact on the wetlands and on the existing
Hampton Hills Golf Course, and all alignments would include construction of a bridge
over the railroad tracks. He said the existing Juneau Lane access to County Road 47
would likely be eliminated, and traffic impacts of all of the alignments will need to be
considered. He explained that Fernbrook Lane is intended to serve local traffic. It was
not meant to handle traffic for industrial parks or relieve I-494 traffic. He said that the
cost estimates for the alignments could vary greatly.
In response to a question by Council Spigner, Director Hurlburt said the City's current
floodplain regulations would not allow development of the Hampton Hills area if it
ceased to be used as a golf course.
Councilmember Johnson asked if Fernbrook Lane will continue into Maple Grove.
Director Moore explained that it was decided several years ago that neither city wanted a
connection via Fernbrook Lane. The subsequent development in this area would now
make a connection improbable. Director Moore said the next step in the planning process
for the alignment is to determine the land uses in the area. An Environmental
Assessment Worksheet will also be required. He stated that three of the proposed
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February 9, 1999
Page 2
alignments could slightly impact the proposed Begin Oaks golf course site. Director
Hurlburt stated there are things the golf course owners can do to accommodate the
potential impacts. She said the golf course access would be from Yuma Lane -- not
Fernbrook Lane.
City Manager Johnson said that the alignments are less worrisome than the previous
preliminary sketches. He said meetings have been held with the Begin Oaks
representatives, and so far, none of the alternatives would stop the golf course project
from proceeding.
Director Hurlburt said that staff will recommend a consultant for the Comprehensive Plan
land use issues at the next Council meeting. Public meetings will be held this spring to
gain input on the proposed road alignments and the proposed land uses. She said that
some residents on the east side of Pomerleau Lake have indicated interest in City utility
service.
Director Moore stated that the sewer and water system can be designed to serve this area
under all alignment scenarios.
Mayor Tierney asked about the cost of the various alignments and the funding source.
Director Moore said the upcoming Capital Improvement Program will show the proposed
financing for the Fernbrook Lane extension. It is proposed to be financed with state -aid
funds, but the project cost would require several years of state -aid money.
Manager Johnson added that the cost of the project decreases as the alignment options are
moved from west to east.
Councilmember Spigner suggested that Hampton Hills golf course owners be brought
into the process prior to the public meetings.
Director Moore said that in the preliminary adoption, the City Council indicated its desire
to preserve the golf courses, and this may eliminate the alignment that most impacts
Hampton Hills golf course. Director Hurlburt said that it is good to consider all of the
alternative alignments because the environmental assessment requires analysis and
comparison of various options.
Councilmember Bildsoe suggested that the project construction could be staged due to its
cost.
Director Moore said the project will likely progress along with the land development
approved by the City Council.
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February 9, 1999
Page 3
A resident asked if a public school is proposed in northwest Plymouth.
Director Hurlburt responded that earlier drawings indicated a possible new elementary
school for the Osseo 279 District; however, there has been no subsequent interest
expressed by the District.
Prosecution Services
City Manager Johnson said that the recent survey of the City's legal services resulted in
high ratings from Councilmembers and staff. Some questions were raised about
prosecution services.
Attorneys Elliott Knetsch and Matt Brokl, Campbell Knutson law firm, explained the
prosecution services provided for the City and explained the Ridgedale court system.
Attorney Knetsch said he attends monthly meetings with the Police Chief and public
safety administrative staff, and is starting a new code enforcement program with
Community Development.
In response to a question by Councilmember Spigner, Attorney Knetsch said he has
mixed optimism with the City Court conceptAt is a positive aspect to have an
adjudicator familiar with the City's real interests, and site visits are very possible during a
case. However, the City Court process may not be quicker than the current criminal
process, and a decision could be appealed to the district court.
City Manager Johnson asked if the pending enabling legislation regarding City Court
could help to establish a good process.
Attorney Knetsch responded that a very limited right of appeal, similar to an arbitration
process, could be established by state law. However, many judges are opposed to the
proposed legislation.
Discussion was held on liquor and tobacco violations. Councilmember Bildsoe said that
this is an important issue for the Council and asked if the attorneys could be more
adamant with charging individuals with gross misdemeanors.
Attorney Knetsch said that his goal is to obtain a criminal conviction. The conviction can
be used as evidence for the subsequent civil action against the establishment. He believes
that judges would be hesitant to impose gross misdemeanor fines for liquor and tobacco
sales violations.
Councilmember Johnson stated the number of the City's compliance failures is similar to
other communities.
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February 9, 1999
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Attorney Knetsch said that the number of failures is similar, but not all cities criminally
prosecute the individuals making the sale.
Councilmember Spigner expressed concern about the time lapse between the offense
date, the court disposition date, and the date of City Council action. She wants the
violations brought to the City Council as soon as possible following the final disposition.
Public Safety Director Gerdes said that these lapses occurred due to a communication
error. A new system has been implemented to assure timely handling of the violations
through the court system and subsequent Council action.
City Manager Johnson advised that the City Attorney will write to the Council with
information regarding the Council civil process.
Councilmember Harstad suggested that the Council could offer no penalty to a licensee if
they voluntarily surrender their liquor license.
Councilmember Bildsoe noted that citations are down slightly from previous years in all
areas except tobacco and alcohol sales violations. Director Gerdes said that this is likely
due to retirements and illnesses.
Councilmember Spigner asked that a report be provided on the zoning ordinance
violations for 1998.
Councilmember Johnson requested that the City Attorney report on whether the City has
the legal authority to require a licensee to post a sign indicating their license is suspended
due to illegal liquor/tobacco sales.
AMM Membership Dues
There was brief discussion on the dues for the Association of Metropolitan Municipalities
AMM) and the services that are provided. Councilmember Bildsoe requested that
following the legislative session and before the budget process, the City Council meet
with representatives of the AMM and similar organizations to which the City pays dues.
Council Packet Delivery
City Manager Johnson presented the advantages/disadvantages of Thursday or Friday
Council packet delivery.
Motion was made by Councilmember Johnson, seconded by Councilmember Harstad, to
establish a Thursday packet delivery schedule. Motion failed: Johnson, Harstad, and
Slavik ayes; Black, Bildsoe, Spigner, and Tierney nays.
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February 9, 1999
Page 5
Staff was directed to continue with a Friday packet delivery schedule and to
accommodate Council members who are traveling out of town with overnight packet
delivery.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adjourn the meeting at 9:05 p.m. Motion carried, seven ayes.
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