HomeMy WebLinkAboutCity Council Minutes 08-03-1999Adopted Minutes
Regular Council Meeting
August 3, 1999
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 8:00
p.m. in the City Center, 3400 Plymouth Blvd., on August 3, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Brown, Black, Johnson, and
Bildsoe.
Councilmember Harstad arrived at 8:15 p.m.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Park and Recreation
Director Blank, Public Safety Director Gerdes, Finance Director Hahn, Assistant Finance
Director Jacobson, Community Development Director Hurlburt, Public Works Director Moore,
City Attorney Knutson, and Deputy City Clerk Hoffman.
3 Forum
Jennifer Haefner, 16400 4" Avenue, asked Councilmembers to examine pedestrian safety issues
along Vicksburg Lane. She said school students cross to Birchview Elementary and Wayzata
Central Middle School during the day, and people cross at the Luce Line Trail as well. She
suggested having a public safety team effort to enforce the state law that requires vehicles to stop
when pedestrians are in a crosswalk. She said another option would be placement of blinking
pedestrian alerts, and a button that might trigger a red stop light for vehicles.
Mayor Tierney said that crosswalk safety is a current emphasis of the City. Public Safety
Director Gerdes said increased enforcement will be done at the locations identified by Ms.
Haefner.
4.1 Boy's Nation—Presentation by Sam Kelner
Councilmember Johnson said that Sam Kelner, Chair of the Youth Advisory Council, recently
attended Boy's State, was voted Governor there, and went on to attend Boy's Nation in
Washington, DC. She displayed a photograph of Sam at the White House with President Clinton.
4.2 National Night Out Update
Public Safety Director Gerdes displayed this year's commemorative shirt for the National Night
Out activities. He said between 50 and 60 neighborhood groups are involved in activities to
promote the evening. He said one citywide campaign is collaborating with the state program,
On the Street, Stop for the Feet", an effort to draw attention to the state law which requires
vehicles to stop for pedestrians in crosswalks. He said compliance checks are planned to educate
through warning citations, followed by a strict enforcement of the law.
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August 3, 1999
Page 2
Councilmember Harstad arrived at 8:15 p.m.
Director Gerdes said winners of the National Night Out campaign will be announced at a future
meeting. He praised the efforts of Officer Scott Streachek who is coordinating the National Night
Out activities in Plymouth.
5 Approve Agenda
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to approve
the agenda.
Motion carried, seven ayes.
6 Consent Agenda
Manager Johnson submitted an amendment to the minutes of the July 20 Special Council
Meeting, page 2, paragraph 5 to read, "...staff is undecided on whether to proceed with adopting
a Surface Water Utility Fee at this time."
Item 6.07 was removed from the Consent Agenda and placed under General Business.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve
the Consent Agenda as amended.
Councilmember Black expressed appreciation for the inclusion of State Department of Natural
Resources comments on Item 6.05.
Motion carried, seven ayes.
6.01 Approve Minutes
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve
minutes of the July 20 Special Council Meeting as amended and the July 27 Special Council
Meeting. Motion carried, seven ayes.
6.02 Approve Disbursements
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-313 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING
JULY 23, 1999. Motion carried, seven ayes.
6.03 Encroachment Agreement for Deck Construction at 13705 57" Place N.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-314 APPROVING ENCROACHMENT AGREEMENT FOR DECK
CONSTRUCTION AT 13705 57"' PLACE NORTH. Motion carried, seven ayes.
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August 3, 1999
Page 3
6.04 Lawrence Begin. Interim Use Permit for Land Reclamation Operation (99041)
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-315 APPROVING INTERIM USE PERMIT FOR LAWRENCE
BEGIN FOR PROPERTY LOCATED ROUGHLY 600 FEET EAST OF FERNBROOK
LANE AT 43'D AVENUE (99041). Motion carried, seven ayes.
6.05 Maxwell Johanson Maher Architects. Site Plan, Conditional Use Permit and
Variances for Assisted Living Facility and Alzheimer's Facility (99046)
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-316 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND
VARIANCES FOR HEARTHSTONE ASSISTED LIVING FACILITY AND
ALZHEIMER'S FACILITY AT THE NORTHWEST QUADRANT OF ROCKFORD
ROAD AND STATE HIGHWAY 169 (99046). Motion carried, seven ayes.
6.06 Encroachment Agreement for Deck Construction at 11445 40' Avenue North
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-317 APPROVING ENCROACHMENT AGREEMENT FOR DECK
CONSTRUCTION AT 11445 40'.` AVENUE NORTH. Motion carried: seven ayes.
6.08 Tobacco and Gasoline Service Station Licenses Approval for SSG Corporation d/b/a
Auto Stop
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-318 APPROVING 1999 TOBACCO AND GASOLINE SERVICE
STATION LICENSES. Motion carried, seven ayes.
6.09 SciMed—PTC. Site Plan Amendment for 5905 Nathan Lane North (99040)
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-319 APPROVING SITE PLAN AMENDMENT FOR SCIMED—PTC,
LOCATED AT 5905 NATHAN LANE (99049). Motion carried, seven ayes.
6.10 Declaring Costs and Setting Hearing for 1999 Delinquent Fees
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-320 DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT WATER,
SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID
ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID
ANNUAL RECYCLING FEES. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-321 CALLING FOR PUBLIC HEARING ON PROPOSED
ASSESSMENT DELINQUENT WATER, SEWER, RECYCLING AND STREET
LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR
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August 3, 1999
Page 4
UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion
carried, seven ayes.
6.11 Reduction in Financial Guarantee
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-322 REDUCING REQUIRED FINANCIAL GUARANTEE,
ROCKFORD GLEN ADDITION, (94155). Motion carried, seven ayes.
6.12 Payment No. 5 and Final for 1998 Street Reconstruction Project Phase 1, Project 8001
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-323 REQUEST FOR PAYMENT NO.5 AND FINAL,1998 STREET
RECONSTRUCTION PROJECT — PHASE 1, CITY PROJECT NO.8001.Motion carried,
seven ayes.
7.1 Off—Sale Intoxicating liquor License Application for Ken—Ebs, Inc., d/b/a Colony
Liquor Store
Assistant Manager Ahrens presented the staff report on the application of Ken—Ebs, Inc., d/b/a
Colony Liquor Store, 15705 35b Avenue North, for an off -sale intoxicating liquor license.
Mayor Tierney opened the public hearing and no one appeared. The hearing was closed.
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-324 APPROVING OFF—SALE INTOXICATING LIQUOR LICENSE
FOR KEN—EBS, INC. D/B/A COLONY LIQUOR STORE, 15705 35'x' AVENUE NORTH.
Motion carried, seven ayes.
8.1 1998 Audited Comprehensive Annual Financial Report
Assistant Finance Director Jacobson introduced Cliff Hoffman, of the independent accounting
auditor Deloitte and Touche, to summarize the city's financial statements and auditor's report.
Mr. Hoffman said the City was in excellent financial shape a year ago and is in even better this
year. He said the City makes outstanding use of external service funds for the replacement of
capital items and depreciation. He said the city is in good shape and ready to meet new reporting
requirements. He noted that the stable and consistent disbursement of expenses is a good sign,
and that the City is actually spending less today per household than in 1996.
He said the City has been doing a better job in managing enterprise funds such as water utilities,
but it is lower than the national average, and he advised that a long-term goal be established to
keep ahead of inflation. He advised the City to set its rates according to the Consumer Price
Index in an effort to keep ahead of inflation.
He said the City is in the top 3% of all governmental units with its AAA bond rating.
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August 3, 1999
Page 5
Ginny Halloran, of Deloitte and Touche, praised the cooperation staff maintained during the
audit. She gave an unqualified and clean rating of the City's financial status, and she said the
profitability of the City's enterprise fund is worthy of high praise. She found no material
weaknesses in the City's operations.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-325 ACCEPTING THE 1998 COMPREHENSIVE ANNUAL
FINANCIAL REPORT AND AUDIT.
Councilmember Bildsoe thanked staff and the auditors for spending extra time to review the
report. He also thanked Finance Director Hahn for his work in keeping the City on track.
Motion carried, seven ayes.
8.2 Update on the Activities of the I-494 Corridor Commission
Lisa Radeunz, consultant to the Commission, presented an update on the activities of the I-494
Corridor Commission. She reviewed commission strategies to reduce congestion on I-494. She
said one solution is to decrease the number of vehicles on the road while increasing the number
of occupants in each vehicle. She said the Commission is working with new transit services, with
plans to develop a suburb to suburb transit service. She said there are strategies in place to
coordinate construction projects, making for smoother travel on I-494. She reported on the
development of transit management associations and non-profit organizations composed of
corporate members working together to create carpools and van pools. She said cities such as
Eden Prairie and Minneapolis are developing Transportation Management Plans. She said the
Commission has no official position on light rail, but she believes any commuter rail would be
welcome if it relieves congestion.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Brown, to accept
the report on I-494 Corridor Commission Activities. Motion carried, seven ayes.
8.3 Draft 2020 Urban Expansion Area Sewer Staging and Land Use Plans, Comprehensive
Plan Update
Mayor Tierney stated that she requested placement of this item on the agenda because of
concerns raised by Councihnember Black, and also Councilmember Johnson and herself after the
July 27 Joint Meeting with the Planning Commission.
Community Development Director Hurlburt said the City is at a critical point in the
Comprehensive Plan development. She said that land use is the foundation of the plan, and that
further study should be implemented immediately. She believes it is more important to have a
plan that the Council is comfortable with, than concern over meeting Metropolitan Council
deadlines. If a change in land use designation is requested, the more direction the Council can
give, the better.
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August 3, 1999
Page 6
Councilmember Bildsoe said it is important for the City to do the right thing. He believes if a
review of land use is done, it should be done with public comment, in a deliberate fashion.
Councilmember Black said it does no good to rush through the process if it is not a plan that the
City will be able to work with. She favors taking the time to carefully review land use in the
northwest part of Plymouth.
Councilmember Johnson asked that developers in the area are included when land use choices
are discussed.
Community Development Director Hurlburt said many properties are still in single owner hands.
She said some property owners would prefer a higher density zoning than the City has offered.
Councilmember Johnson said it is important for the City to increase housing densities in areas
where it will work. She asked for further discussion on the issue.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to direct
staff to review residential density zoning in areas along the Metropolitan Urban Service Area for
Councilmembers to review with the Planning Commission at the August 31 Joint Meeting.
Motion was made by Mayor Tierney, seconded by Councilmember Bildsoe, to suspend the rules
and extend the meeting to 10:30 p.m. Motion carried, seven ayes.
Manager Johnson said there is merit in allowing neighborhood residents to learn what the City's
position is on housing density in the area because land use designation is the highest form of
discretion for a city.
Councilmember Brown asked staff to increase density levels as much as possible without
changing the infrastructure.
Councilmember Harstad said three of the Councilmembers did not participate in the review
process last year. He said he wants to continue on course.
Motion was made by Councilmember Harstad, seconded by Councilmember Slavik, to call the
question. Motion carried, seven ayes.
Motion to direct staff passed, four ayes, Harstad, Bildsoe, and Slavik nay.
8.35 (6.07) Set Meeting Dates for Comprehensive Plan Update Meetings
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to set
September 29, 1999 and October 26, 1999 (7:00 p.m.) as the dates for joint City
Adopted City Council Minutes
August 3, 1999
Page 7
Council/Planning Commission meetings, and set November 15, 1999 as the date for a public
open house for consideration of the draft Comprehensive Plan. Motion carried, seven ayes.
8.4 Consider Charter Commission Recommendations on Special Elections
Larry Marofsky, 2835 Medicine Ridge Road, Chair of the Plymouth Charter Commission,
summarized the history of a request to consider options for the City to conduct special bonding
elections to raise voter turnout and the visibility of an election. He said the consideration came
after a letter from former Councilmember Christian Preus, expressing concerns about the turnout
of the Special Bond Referendum on the Activity Center. He reviewed the options considered by
the Charter Commission and said the Charter Commission recommends the use of mail ballots
for such special bond issue elections. He said the major cost of a mail election is in the postage.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson to suspend
the rules and extend the meeting until 10:45 p.m. Motion carried, seven ayes.
Councilmember Johnson suggested the City also examine other options to increase voter
awareness. She said it is important to look at where the dollars can be most effectively spent.
Mayor Tierney said she did not vote for the issue when she served on the Charter Commission.
She believes the costs involved in mail elections are significant.
Mr. Marofsky said the requirement for the City to pay the postage costs of a mail ballot election
is defined by statute. He said at present it is the only allowable ballot other than the traditional
voting process.
Councilmember Harstad said the objective is to do what is in the best interest for the City. He
believes City elections don't provide a great enough turnout.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to suspend
the rules and extend the meeting until 10:50 p.m.
Councilmember Bildsoe said he supports placing such issues on general election ballots. He said
he does not want to see such language in the City Charter.
Councilmember Johnson appreciated the work done by the Charter Commission, and said she
wants more people to vote. She believes the City went above and beyond duty in efforts to
inform voters of the recent activity center referendum. She said she is nervous about putting
something in the City Charter that would increase costs.
Councilmember Slavik said something is needed to increase voter turnout, but State statutes
already offer guidelines for mail ballot elections.
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August 3, 1999
Page 8
Manager Johnson said conducting an election for the Activity Center Bond Referendum was not
required. He said the City had other options, but chose to give citizens the opportunity to vote on
the issue. He said such language in the Charter could have the unintended consequence of
encouraging the City not to have an election and do such projects without voter consent.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to suspend
the rules and extend the meeting until 11:00 p.m. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to continue
a dialog with the Charter Commission on ways to improve voter turnout in special elections.
Councilmember Johnson said she recently spoke with Christian Preus on the matter. She said he
has not had a chance to review the materials from the Charter Commission study, but as a newly
appointed Charter Commissioner, he plans to do that.
Councilmember Black said there is enough interest by Councilmembers to make it worthwhile to
consider continuing discussions with the Charter Commission.
Motion carried, seven ayes.
8.5 Appointments to HRA and Planning Commission
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-326 APPOINTMENTS TO HOUSING AND REDEVELOPMENT
AGENCY. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt
RESOLUTION 99-327 APPOINTMENT TO PLANNING COMMISSION. Motion carried,
seven ayes.
9.1 Report on Options for Reducing Speed Limit on Vicksburg Lane, Highway 55 to
County Road 6.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-328 REQUESTING MINNESOTA DEPARTMENT OF
TRANSPORTATION TO CONDUCT A SPEED ZONING STUDY, VICKSBURG LANE
FROM TRUNK HIGHWAY 55 TO COUNTY ROAD 6 and to give staff direction as
recommended in City Council agenda report. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adjourn
the meeting at 11:00 p.m. Motion carried, seven ayes.
Deputy Oty Clerk
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