HomeMy WebLinkAboutCity Council Minutes 09-07-1999Adopted Minutes
Regular Council Meeting
September 7, 1999
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00
p.m. in the City Center, 3400 Plymouth Boulevard, on September 7, 1999.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Johnson,
Bildsoe, and Slavik.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Public Safety Director
Gerdes, Finance Director Hahn, Parks and Recreation Director Blank, Community Development
Director Hurlburt, Public Works Director Moore, Attorney Poehler, and City Clerk Paulson.
Plymouth Forum
Dan Waldrop, 18845 8t' Avenue, spoke to the Council about the preservation of the natural park
area in Ferndale North Subdivision. This item is to be considered by the Planning Commission
at their next meeting. The City owns the property. Ferndale North residents received a petition
for a playground in the middle of the subdivision. He and his wife stated their opposition. Parks
and Recreation Director Blank was made to believe that the majority of the neighbors were in
favor of it. Since that time, however, he circulated another petition and at least 78 homes
opposed the development in this area. The agreement between the City and Lundgren Bros.
states to preserve this property as a nature area and open space. They believe there are three
other sites the City could evaluate for a playground in this area.
Mary Belden, 18725 4t' Place North, explained why the open space should be preserved:
1. This area provides wildlife habitat.
2. It's natural undeveloped space. The City has become aware of the importance of preserving
open undeveloped space.
3. Outlot currently provides a buffer (attractive and accessible).
4. The current unstructured play area is of good value for children.
She stated the playground couldn't be developed without inhibiting what is currently there. The
site would be disturbed when walkways are constructed to the central playground area Another
point is the middle of the site is not visible from all areas which could be a liability issue for the
City. There could be a lack of supervision for the children.
She stated access to the parcel is poor. There are currently two access points that the children
have made through the years.
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September 7, 1999
Page 2 of 17
In conclusion, she stressed one of the important issues is that for 22 years this parcel has been a
naturally preserved area with no improvements. She stated the current CIP is correct, and many
people have purchased their homes because of the use of this area. She reminded the Council of
this wonderful neighborhood asset, and the fact that there is currently no support for the
playground area.
Mayor Tierney informed both Mr. Waldrop and Ms. Belden that their message needs to be
conveyed to the Planning Commission at their meeting. Ms. Belden stated they realized that, but
they just wanted to inform the Council what they would be considering in the near future. She
encouraged the Councilmembers to visit the site, and she offered additional information if they
so desired. She questioned Mayor Tierney about comments she had made on the community
channel. Mayor Tierney explained her comments were the Council does indeed value open
space; however, the City also values neighborhood playground areas for children, and the need to
find suitable areas for children to play.
Presentations and Public Information Announcements
4.1) National Night Out Award Winners
Scott Streachek, from the Police Department, discussed the success of the annual National Night
Out that was held on August 3, 1999. There were a total of 73 event sites, and 1,100 pounds of
food was collected for the local food shelf. Public Works Department, Fire and Police
Departments, and the Council all participated in the event. Residential Awards were presented to
Tammy and Mark Reinberg and Pam and Larry Schmidt (9900 block of 37th Avenue) while the
Multi -Housing Award was presented to Lakeview Commons Apartments, 15215 18th Avenue
North.
Mayor Tierney commented about the importance of "National Night Out" which promotes safety
in the neighborhoods.
4.2) Oath of Office to Eight Firefighters
Chief Kline introduced firefighters Larry Baker, Troy Beckman, Brett Eenhuis, David Fossum,
Christina Friedland, John Gavin, Howard Hempel, and Brent Weldon who just completed a one-
year probationary period. City Clerk Paulson swore in the officers followed by the presentation
of badges by District Chief Luth.
4.3) Proclaim Pollution Prevention Week, September 20-26,1999
Adopted City Council Minutes
September 7, 1999
Page 3 of 17
Solid Waste Coordinator Marjorie Vigoren requested the Council proclaim September 20-26,
1999 as "Pollution Prevention Week." Each day of the week has been assigned a theme
household, school, lawn and garden, office, shopping, travel/leisure, and weekend recreation).
Mayor Tierney then read the proclamation.
Approval of Agenda
Mayor Tierney requested a report from Public Works Director Moore or Community
Development Director Hurlburt on the recent County meeting regarding the Elway Farm located
in northwest Plymouth and Medina.
Motion was made by Councilmember Black, seconded by Councilmember Brown, to approve
the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
6.01-6.28) Councilmember Johnson requested item No. 6.14 be removed from the Consent
Calendar. Mayor Tierney stated this item would now be item No. 8.4 under General Business.
Motion was made by Councilmember Black, and seconded by Councilmember Brown, to
approve the amended Consent agenda which included the following items:
6.01: Approval of City Council Minutes (August 17, 1999 and August 24, 1999).
6.02: Resolution Approving Disbursements for the Period Ending August 27, 1999 (Res99-346).
6.03: Resolution Approving Variances for Robert and Julie Fern for Property Located at 15130
9`h Avenue North (99043 — Res99-347).
6.04: Resolution Approving Conditional Use Permit and Variances for Wayzata High School
Stadium Located at 4955 Peony Lane North (99052 - Res99-348).
6.05: Resolution Approving Site Plan Amendment and Conditional Use Permit for Precious
Corner Preschool at Beautiful Savior Lutheran Church at 5005 Northwest Boulevard (99061 —
Res99-349).
6.06: Resolution Axproving Preliminary Plat for Betsy and Bill Krutzig for Killian Addition,
Located at 12795 6 Avenue North (99062 — Res99-350).
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September 7, 1999
Page 4 of 17
6.07: Resolution Approving Site Plan Amendment, Conditional Use Permit and Variance for
Property Located at 9900 Rockford Road (99065 — Res99-351).
6.08: Resolution Axproving Conditional Use Permit for McCarthy Construction for Property
Located at 9714 10 Avenue North (99074 — Res99-352).
6.09: Resolution Approving Final Plat and Development Contract for Lauren Development Inc.
for "Silverthorne 5`" Addition" Located North of Schmidt Lake Road at Quantico Lane (99075 —
Res99-353), and a Resolution Adopting Assessments for City Project No. 9019, Sanitary Sewer
and Watermain Area for Silverthorne 5t' Addition (9019 — Res99-354).
6.10: Resolution Approving a Variance to Allow a 17 -Foot Rear Yard Setback for David
Vaynberg for Property Located at 10710 34h Avenue North (99076 — Res99-355).
6.11: Resolution Approving Rear Yard Setback and Shoreland Impervious Surface Coverage
Variances to Allow Construction of a Home Addition for Ron Splett for Property Located at
1040 Zanzibar Lane North (99087 — Res99-356).
6.12: Set Special Council Meeting for September 21, 1999 at 5:30 p.m. to interview youth
applicants for Youth Advisory Council and Human Rights Commission.
6.13: Set Special Council Meeting for September 14, 1999 at 6:15 p.m. and Establish Topics.
6.14: This item was removed and acted upon under General Business as item No. 8.4.
6:15: Resolution Approving an Encroachment Agreement for McLeod USA
Telecommunications Services Inc. for Placement of Communication Cable in City Rights -of -
Way and Authorizing the Mayor and City Manager to Sign the Agreement (Res99-358).
6.16: Resolution Authorizing Agreement Providing Sewer and Water to St. Edward's Church of
Orono (Res99-359).
6.17: Resolution Authorizing Preparation of Plans and Specifications and Securing of Bids for a
Desiccant Dehumidification System for the Plymouth Ice Center (Res99-360).
6.18: Approval of recommendation from Environmental Quality Committee on marking of
street storm sewer inlets.
6.19: Resolution Approving Banquet Room rental Fees for Plymouth Creek Center Ballroom
Res99-361).
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September 7, 1999
Page 5 of 17
6.20: Resolution Approving Lot Division/Lot Consolidation for Kevin Sullivan and Robert
Hagan for Properties Located at Lot 2, Block 3, Maple Dell, and Lot 6, Block 5, Maple Creek
Res99-362)
6.21: Approval of Reduction in Development Contract Financial Guarantees:
6.21.1 Resolution Reducing Required Financial Guarantee for Parkers Lake North 3`d Addition
87036 — Res99-363).
6.21.2 Resolution Reducing Required Financial Guarantee for Parks Lake North 5t' Addition
88065 — Res99-364).
6.21.3 Resolution Reducing Required Financial Guarantee for Parkers Lake North 7d' Addition
91103 — Res99-365).
6.21.4 Resolution Reducing Required Financial Guarantee for Kimberly Woods Addition
93018 — Res99-366).
6.22 Adoption of Resolutions Declaring Costs to be Assessed and Setting Assessment Hearings
for the following improvements:
6.22.1 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Zachary Lane Improvements, City Project No. 5030 (Res99-367), and Resolution
for Hearing on Proposed Assessment for Zachary Lane Improvements, City Project No. 5030
Res99-368).
6.22.2 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Ferndale Road Improvements, City Project No. 6007 (Res99-369), and a
Resolution for Hearing on Proposed Assessment for Ferndale Road Improvements, City Project
No. 6007 (Res99-370).
6.22.3 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Town Center/Mann Theatre Drainage Improvements, City Project No. 7011
Res99-371), and a Resolution for Hearing on Proposed Assessment for Town Center/Mann
Theatre Drainage Improvements, City Project No. 7011 (Res99-372).
6.22.4 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 1998 Street Reconstruction Project — Phase II — Part A for City Project No. 8001
Res99-373), Resolution for Hearing on Proposed Assessment for 1998 Street Reconstruction
Project — Phase II — Part A for City Project No. 8001 (Res99-374), Resolution Declaring Cost to
be Assessed and Ordering Preparation of Proposed Assessment for 1998 Street Reconstruction
Project — Phase Ii — Part B for City Project No. 8001 (Res99-375), and a Resolution for Hearing
on Proposed Assessment for 1998 Street Reconstruction Project — Phase II — Part B for City
Project No. 8001 (Res99-376).
Adopted City Council Minutes
September 7, 1999
Page 6 of 17
6.23: Resolution Supporting Application for Transit Capital Funding from the Metropolitan
Council (Res99-377).
6.24: Resolution Supporting Application for Transit Capital Funding from the Metropolitan
Council for Replacement Buses and Fleet Expansion (Res99-378).
6.25: Resolution Requesting MN/DOT to Conduct Speed Zoning Study for Zachary Lane from
36'x' Avenue to Bass Lake Road (Res99-379).
6.26: Resolution Correcting Resolution 99-244 (DOC #7140430) Authorizing the Vacation of
Part of Brockton Lane Street Right -of -Way Greentree West (Res99-380).
6.27: Resolution Approving Garbage Hauler License for Armor Roll -Off Services, LLC (Res99-
381).
6.28: Resolution Ordering Public Hearing on the Vacation of Part of a Drainage Easement for
Ponding within Lots 1 and 3, Block 1, Meyer Gonyea Addition (Res99-382), and a Resolution
Ordering Public Hearing on the Vacation of Part of the Drainage and Utility Easements within
Lots 1, 2, and 3, Block 1, Meyer Gonyea Addition (Res99-383).
Councilmember Black requested that on the list of future study session topics, the drainage
maintenance and notification issue is replaced with the CIP process and public improvement
process.
She informed the Council she would not be present on September 21, 1999 at 5:30 p.m. to
interview youth who have expressed interest in serving on the Youth Advisory Council and the
Human Rights Commission. Mayor Tierney stated there is a possibility that she also may not be
in attendance. She suggested staff contact the Councilmembers to see if there will be a quorum
of Councilmembers at this interview session.
With all members voting in favor of the amended Consent Agenda, the motion carried.
Public Hearings
7.1) Assessment Hearing on Delinquent Water, Sewer, Recycling, and Street Lighting
Charges, Unpaid Annual Street Lighting for Unimproved Parcels and Unpaid Annual
Recycling Fees
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September 7, 1999
Page 7 of 17
Finance Director Hahn discussed the revised resolution which was handed out prior to this
evening's meeting that included two properties being added back to the assessment roll. In both
cases, the property owners were duly notified.
Mayor Tierney asked what the City's course of action is for those property owners who will not
allow City staff to inspect their sump pumps. Finance Director Hahn replied the City has tried
calling the property owners, sending certified letters, and using door hangars. For those property
owners that choose to not respond, the City collects $100 per month in penalty charges.
Councilmember Harstad asked if the property owners have the alternative to remove the sump
pump and not use it. Finance Director Hahn replied yes. However, at this point, staff doesn't
even know if they have a sump pump.
Mayor Tierney asked if there could be any conditions of the property that could warrant a police
check. Public Safety Director Gerdes stated the Police Department could only do a drive-by at
this point. If there would appear to be some adverse condition with the house and/or property,
the police could investigate it further.
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 hearing closed.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt a
Resolution Adopting Assessments for 1999 Delinquent Water, Sewer, Recycling, and Street
Lighting Service Charges (Res99-384) and a Resolution Adopting Assessments for 1999 Unpaid
Annual Street Lighting for Unimproved Parcels and Unpaid Annual Recycling Fees (Res99-
385). With all members voting in favor, the motion carried.
7.2) Public Hearing on Proposed Levy Certification Tax Rate
Manager Johnson stated tonight's hearing is a new requirement of the State law. Cities are
required to conduct a public hearing and adopt a Resolution if their tax rate would increase based
upon a formula applied to the tax base for the previous year. This formula does not allow for
growth or inflation.
He stated item No. 8.3 under General Business, the Council would approve the maximum tax
levy and the preliminary budget. In December the truth and taxation hearing is conducted, and
the final budget would be adopted. He stated the emphasis on next year's budget was to fund
operations for the Activity Center and Field House, water quality plan items, public safety
additional firefighters, school liaison officer), traffic signals (opticon), adding traffic
enforcement office and in-house traffic engineer, manage growth and development in the
Adopted City Council Minutes
September 7, 1999
Page 8 of 17
northwest Plymouth area (planning assistant and HRA assistant), and funding of elections.
December 6' 1999 the Truth and Taxation hearing will be conducted with a reconvene date of
December 21, 1999.
Councilmember Slavik asked what the taxes would be on an average valued home on the open
space bond. Finance Director Hahn replied $9.28 on a $206,000 valued home.
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.
Councilmember Johnson stated she believes it was the intent of the law to keep the cities
accountable to the taxpayers, and she stressed that the Council has always worked very hard to
preserve the tax dollars. She encouraged public participation with the budget process.
Mayor Tierney requested a letter be drafted to the City's legislators regarding this new law. It is
confusing to the public as well as offensive to elected officials. It appears to serve no apparent
public purpose. She would like to know what the intent of the law was, who drafted the
legislation, and what the vote tally was.
Mayor Tierney stated the adoption of this Resolution would be deferred to item No. 8.3.
General Business
8.1) Approve Planned Unit Development Plan Amendment for Hans Hagen Homes,
99077)
Community Development Director Hurlburt illustrated the proposed site (County Road No. 24
and Highway 55). Regarding this previously approved development, only the daycare center and
auto service businesses remain to be constructed. The applicant is requesting to increase the size
of the daycare site from 6,030 square feet to 8,632 square feet. The proposed daycare building
would be subject to the conditions of the approved PUD general plan, including the architectural
and sign standards. The daycare site was part of Phase I which established a completion date of
December 31, 1999 for the Phase I improvements.
Councilmember Slavik asked why the developer is being granted additional time to construct the
daycare building. Community Development Director Hurlburt replied the only other option for
the developer would be a completely different plan, but this use is still consistent with the
original intent of the PUD.
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September 7, 1999
Page 9 of 17
Councilmember Slavik asked what is included in Phase II. Community Development Director
Hurlburt replied a gas station/convenience store and auto service.
Councilmember Slavik asked if there are any penalties if the developer doesn't satisfy the PUD
requirements and meet the deadline. Community Development Director Hurlburt stated it is
typical to conduct negotiations for the deadline. However, it is difficult to say what punishment
might be effective to force someone to construct a building. If the developer doesn't meet the
deadline, then he has to come back through the City's process.
Councilmember Slavik noticed traffic would increase 176 daily trips to this site. She stated she
has a concern for the children who wait on this road for the school bus. She asked if there have
been any discussions on the construction of a bus shelter. Community Development Director
Hurlburt stated construction of a bus shelter would be the responsibility of the Wayzata School
District. She stated taking into consideration the retail nature of this development, there aren't a
lot of trips early in the day but more in the evening.
Councilmember Johnson asked what the type of entrance exists into the development off
Dunkirk. Community Development Director Hurlburt replied two lanes southbound for exiting
and one lane northbound for entering.
Hans Hagen, developer, 941 Northeast Hillwind Road, Minneapolis, stated he had no comments
unless the Councilmembers have questions at this time.
Motion was made by Councilmember Johnson, seconded by Councilmember Slavik, to adopt a
Resolution Approving PUD General Plan Amendment for Hans Hagen Homes to Increase the
Size of the Daycare Building for Plymouth Station Located South of Highway 55, North of
Medina Road, and East of County Road No. 24 (Res99-386) with an amendment to item No. 2 of
the Resolution to state, "A PUD general plan amendment is granted in keeping the size of the
building to remain at 6,030 square feet." Councilmember Johnson stated the City shouldn't be
increasing the traffic in this area, but trying to maintain a buffer/transition area for the area
residents. She stated she couldn't support the increase in the traffic, but is still very supportive
of it being a daycare. Mayor Tierney commented the irony is that a larger building is more of a
buffer from the adjacent activity. She stated there could be additional traffic; however, Medina
Road was constructed to handle it. Councilmember Slavik stated that she also supports a daycare
but stressed that a larger building would not screen the development. She acknowledged that the
developer has constructed screening and a buffer. However, by increasing the size of the
building and adding additional traffic, it only creates additional stress for the neighborhood. She
asked the developer if he could reduce the size of the facility.
Developer Hagen stated he did have an initial daycare provider, but that didn't work out.
Currently, he has a purchase agreement with Children's World, and this is their requested
Adopted City Council Minutes
September 7, 1999
Page 10 of 17
minimum size of building. He was very discouraged earlier this year in that he couldn't locate a
daycare, and he had a deadline. If the size of the building would be decreased, it would nullify
the purchase agreement with Children's World. If he were forced to contract with another
daycare provider, it would be very unlikely that they would be able to occupy the building by the
extended deadline.
Councilmember Harstad stated he does not support the amendment as presented. There would
be less than I% increase in traffic generated by the additional 30 children which is relatively
immaterial in the scope of the traffic patterns in this area. Therefore, he doesn't view the
increase in the size of the building as a major impact.
The Council then voted on the motion. With all members voting against the motion but
Councilmembers Slavik and Johnson, the motion failed.
Motion was made by Councilmember Harstad, seconded by Councilmember Brown to adopt a
Resolution Approving General Plan Amendment for Hans Hagen Homes to Increase the Size of
the Daycare Building for Plymouth Station (Res99-386) as presented with no amendments. With
all members voting in favor except Councilmembers Slavik and Johnson, the motion carried.
Motion was made by Councilmember Black, seconded by Councilmember Johnson to adopt a
Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the
Plymouth Station PUD (Res99-387), and an Ordinance Amending Chapter 21 of the City Code
to Amend Section 21655.18 for PUD 91-1 (Plymouth Station) Amendment for Lot 1, Block 1,
and Outlot A Plymouth Station Addition (Ord99-24). With all members voting in favor, the
motion carried.
8.2) Consideration of a Sanitary Sewer Public Improvement Project to Serve Properties
on Troy Lane north of County Road No. 6
Public Works Director Moore reported there is an area in the City containing approximately 35
single family homes located north of County Road 6 and west of County Road 101 that does not
have public sanitary sewer service. These are large lots that for the most part are south of
Mooney Lake and have been developed over the past 30 to 40 years with private sewer disposal
systems (septic tanks) and wells.
He stated in 1988, the City initiated a project that would provide sanitary sewer service to the
entire area. After a public improvement hearing, there were almost unanimous objections to the
project except for properties which were considered for further subdivision along County Road 6
at the westerly end of the area. In 1997, the City received a request from two of the property
owners (Swenson and Simonson) for public sanitary sewer since they had an inspection of their
septic system, and it failed to meet current standards. He explained in September 1997, the City
Adopted City Council Minutes
September 7, 1999
Page 11 of 17
did authorize the plans and specifications for a project that would serve five properties along
either side of,Troy Lane. Only two of the properties were in favor of the project at that time.
The estimated cost to each property was approximately $16,000.
He stated during 1998, the Engineering Department completed the final plans. As the plans were
prepared, the routing for the sanitary sewer along County Road 6 became more complicated and
because of this it was projected that the cost would increase. If the additional costs are added
that would be required to be expended by some of the property owners to obtain the service to
their house, the total estimated cost to approximately three of the properties would be $30,000 to
35,000 for City public sewer. Since only two of the five properties were strongly in favor of
this project, the City did not actively pursue the project.
He explained in May 1999, he was contacted by Paul McRoberts, who lives on the northerly
portion of Troy Lane inquiring whether he would be allowed to connect to the public sewer
system on 19th Avenue by extending a private house sewer from his property easterly across
Imperial Hills Park to 19th Avenue. After further discussion with Mr. McRoberts, he had
elevations checked by a surveyor, and it was physically possible to make this connection but it
would require substantial disturbance to the City's park area. If the City would allow Mr.
McRoberts to extend a private sewer across the City park area, it would not provide service to
other adjacent properties in the future. Therefore, he does not support the installation or private
sewer across City property.
Mayor Tierney asked for those property owners who have fairly new septic systems, would they
be required to hook into the City's sewer system and pay within a certain amount of time. Public
Works Director Moore replied staff would address this concern in more detail in the next report.
He stated whatever action the Council orders, it could establish precedence for the northwest
Plymouth area. He stated there could possibly be some deferments, or the City could contribute
some funds because of the City parkland in this area.
Councilmember Harstad and Public Works Director Moore discussed the difference in costs for a
new septic system or connecting to the City's sewer system. Public Works Director Moore
stated for a new septic system, it would cost approximately $8,000415,000 while it could cost
up to $30,000-$35,000 to connect to the City's sewer system.
Mayor Tierney asked if it is correct that the City can't require anyone to pay a $30,000
assessment. Public Works Director Moore replied the City couldn't assess more than the benefit
the City would provide.
Councilmember Brown asked if staff has a sense of the level of interest on those properties along
the lake. Public Works Director Moore replied in 1998 they were opposed, but staff hasn't
contacted them recently.
Adopted City Council Minutes
September 7, 1999
Page 12 of 17
Motion was made by Councilmember Slavik, seconded by Councilmember Brown, to adopt the
Resolution Authorizing the Preliminary Engineering Report for Troy Lane Sanitary Sewer
Extension North of County Road 6, City Project No. 7018 (Res99-388).
Paul McRoberts, 1810 Troy Lane, stated his concern is that other property owners may think the
assessments are undesirable or unnecessary. He stated that he is in favor of installing a sewer
system that would be a permanent fix. They are willing to abide with the wishes of the Council.
Ronald Simonson, 18220 County Road 6, stated he is having problems with the sewer system.
He initiated a petition over two years ago. One of the property owners since that time has stated
he can't afford it. However, three out of the five property owners are in favor of the project.
The remaining property owner is not in favor or against the project. He requested the Council to
seriously consider sanitary sewer in this area.
John Pasnau, 1725 Troy Lane, stated the problem is that a mound system can't be installed over
an existing system. Mr. Simonson has to cut down a number of trees in order to install some
type of system. He stated personally, he as 2 %Z acres, so he has no problem. He feels the City
needs to bring the sanitary sewer up Troy Lane and remove the old septic systems. If the sewer
were installed around Mooney Lake, it would be difficult, as a number of trees would have to be
removed.
Mayor Tierney stated the Council has previously considered this, and the Council is concerned
about sewer seepage into the lakes. Mayor Tierney asked if the circumstances have to be
justified in order to construct the sanitary sewer, i.e. failing septic systems, seepage. Public
Works Director Moore stated yes. He commented with directional boring, the sewer has to be
provided to the properties by the lakeside rather than on top of the hill because the homes are
rather low in this area, and it has to be installed below the grade of the home.
Councilmembers Slavik and Johnson called the question. With all members voting in favor, the
motion carried.
8.3) Approve 2000 Proposed Budget and Proposed Tax Levies, Set Truth in Taxation
Hearing, Amend Council Meeting Starting Time on December 21, 1999, and Adopt
Resolution on Tax Rate Pursuant to Minnesota Statute 204B.135
Finance Director Hahn commented that the Resolution regarding the proposed tax rate should be
amended to reference State Statute 275.078.
Manager Johnson stated additional information would be presented at the Truth and Taxation
hearing on December 6, 1999. He stated the reconvene date for adoption of the budget would be
December 21, 1999 if necessary.
Adopted City Council Minutes
September 7, 1999
Page 13 of 17
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt a
Resolution Relating to Proposed Property Tax Levies for Taxes Payable in 2000 (Res99-389).
With all members voting in favor, the motion carried.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, motion to
adopt a Resolution Adopting Proposed 2000 Budgets (Res99-390). With all members voting in
favor, the motion carried.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, motion to
adopt a Resolution Setting Council Meeting Starting Time for December 21, 1999 Regular
Council Meeting (Res99-391). With all members voting in favor, the motion carried.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt a
Resolution Setting Truth in Taxation Public Hearing Dates for 2000 Tax Levy (Res99-392).
With all members voting in favor, the motion carried.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
an amended Resolution Authorizing a Tax Rate Increase for the 1999 Tax Levy, Collectible in
2000 Pursuant to Minnesota Statutes 275.078 (Res99-393). With all members voting in favor,
the motion carried.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, that the
Council declares an official public hearing and notice for the above actions next year. With all
members voting in favor, the motion carried.
8.4) Minimum Age Dial -A -Ride Ridership Policy
Councilmember Johnson stated she is very grateful that staff presented this report. However, she
is concerned of age six being the minimum age. She would prefer increasing the age to 10 that is
similar to Maple Grove, Anoka, and some other communities. She believes this could be a
liability issue for the City, and she is concerned that the children would be at risk on the bus.
She suggested the Council's Transit Subcommittee review the policy.
Motion was made by Councilmember Johnson, seconded by Councilmember Slavik to adopt a
Resolution Establishing a Policy for Youth Dial -A -Ride Ridership on the Metrolink System
Res99-357) with the amendment of a minimum age of 10 rather than 6 that is being proposed,
and this be referred to the Council's Transit Subcommittee for their review. Manager Johnson
suggested there be some time given to parents for transition of this proposed change. Public
Works Director Moore explained the need for some type of policy; however, it would be to the
City's advantage to receive public input from the parents and the Council's Transit
Adopted City Council Minutes
September 7, 1999
Page 14 of 17
Subcommittee. He suggested a 30 -day period to accomplish this. Councilmember Johnson
requested a 60 -day period be given in order to notify people.
Councilmember Harstad stated the people who are using this type of transportation probably
don't have any other means for transportation for their children. They probably don't have a
Plan B". Therefore, he supports the resolution as it is currently written.
Motion was made by Councilmember Harstad, seconded by Councilmember Black to adopt the
Resolution as originally proposed and be referred to the Council's Transit Subcommittee for
their review within 60 days.
Councilmember Brown stated he is concerned about the effect on families and would like the
opportunity to study it further.
Councilmember Slavik asked how many families would be affected. Public Works Director
Moore stated there are probably 30-50 children, but he is unsure of the exact ages of the children.
Councilmember Johnson stated that it is her intent to not affect families. She is very comfortable
with age 10. Her first priority is the children.
Councilmember Harstad stated he would like to start at age six and then increase it if necessary.
Councilmember Black requested to delete the age requirement this evening until the meetings are
conducted.
Public Works Director Moore stated that the riders in the past have been far below the age of six.
Mayor Tierney requested this be tabled for 60 days. Therefore, she moved and Councilmember
Black motion to table any action on the Resolution for 60 days in order that a meeting could
occur with the Council's Transit Subcommittee and the transit riders. With all members voting
against the motion but Black and Tierney, the motion failed.
Councilmember Bildsoe asked how the notices would be given to people. Public Works Director
Moore stated notices would be given to riders and people who contact the City for scheduling.
The Council then voted on the motion made by Councilmembers Harstad and Black to adopt the
Resolution as presented with a review by the Council's Transit Subcommittee in 60 days. With
all members voting against the motion but Harstad, Black, and Tierney, the motion failed.
Councilmembers Johnson and Black called the question.
Adopted City Council Minutes
September 7, 1999
Page 15 of 17
The Council voted on the original motion to adopt a Resolution Establishing a Policy for Youth
Dial -A -Ride Ridership on the Metrolink System (Res99-357) with the amendment of a minimum
age of 10 rather than 6 that is beingyroposed, and this be referred to the Council's Transit
Subcommittee for their review within 60 days. With all members voting in favor except Harstad
and Tierney, the motion carried.
Reports and Recommendations
9.1) Consider Resident Suggestion for Historical Markers (requested by Councilmember
Johnson)
Councilmember Johnson stated she was approached by a resident for historical markers in the
community. Mayor Tierney suggested this be referred to the Historical Society, and after
reviewing the request, they can provide a report to the Council on the possible implementation
and funding.
9.2) Report on "Elwell Farm" Located in Plymouth and Medina
Community Development Director Hurlburt, illustrated a 415 -acre tract of land commonly
known as the Elwell Farm. Approximately 80 acres are in the City with the remainder in
Medina. Hennepin County purchased the property for approximately $10,000 per acre. The
County originally established a minimum bid of $25,000 per acre; however, there were no offers.
Currently, there is a church interested in purchasing this property for the construction of a
church, possible school, and other undetermined uses. County officials met with City staff and
staff has informed the County of the use of this property according to the CIP which is the City
has no plan to urbanize this area (public sewer and water).
She stated church officials have presented to the County an offer to purchase just the 80 acres
located in Plymouth for $1.7 million. The County also received a proposal to purchase both the
Medina and Plymouth property for $9.3 million and the purchaser would resell the portion in
Plymouth to the church. A third proposal is in the amount of $9 million, but the church is not
part of their proposal. A fourth offer was received from for the entire property in the amount for
approximately $8.7 million.
She stated staff is concerned about the portion of the land in the City as it's outside the service
area for utilities. However, the City also recognizes that the interceptor may be constructed
which will be sometime sooner than 2020. With the interceptor in the vicinity of this property, it
would be fairly simple to service this area. She explained there are a number of issues for
servicing this property; however, the church would expect to build on the site very quickly. She
Adopted City Council Minutes
September 7,1999
Page 16 of 17
stressed that the developers are well aware of the planning process. Staff has heard conflicting
statements from the church.
She reported another issue that was discussed at the meeting was weighing the impact on the tax
base for the sale of this property. If the church purchased this property, the property wouldn't be
on the tax rolls as the church is exempt. The church has offered to pay the County $10,000 per
year, which is the County's taxes on this property, if they would purchase the property and then
resell it to a developer. However, staff realizes that a developer could purchase it and sell it to a
church.
She stated the committee today did make a motion to refer this item to the next Regular County
Board meeting which will be conducted next week. Therefore, she stated if the Council wants to
go on record as to the development of this property, this may be the time.
Councilmember Bildsoe asked if it was conveyed and discussed that the City didn't want any
development in this area. Community Development Director Hurlburt stated she heard church
members recognized the City's position for this property, but they are hopeful that the City
would reconsider their plans.
Councilmember Black asked if the Resolution from last October which documented the City's
position could be forwarded to the Hennepin County Board members. Community Development
Director Hurlburt stated yes. She stressed that the majority of County Board Members realize
the City's position, but it is more of a financial issue.
Councilmember Harstad asked if it is correct that the offers which the County received are really
conditional. Community Development Director Hurlburt acknowledged there are conditions of
approval from Medina until their comprehensive plan is completed.
Community Development Director Hurlburt stated one idea that was discussed was the
possibility of trading with the County this property with County Road 47 as the County has
indicated they would eventually like to give the County road to the City as it needs to be
urbanized. Also, this happens to be one area in the City that has identified as a tenth playfield.
City staff has been informed by the County that the City is too late.
Councilmember Bildsoe stressed it needs to be conveyed to the County that the City needs to be
informed of any developments with this property, and the City should provide a copy of the
resolution from last year on the City's position for this property.
Councilmember Johnson stated she agrees with Councilmember Bildsoe.
Adopted City Council Minutes
September 7, 1999
Page 17 of 17
Mayor Tierney stated there could be the potential final approval at the County Board next week.
Community Development Director Hurlburt stated the reality is that the plans haven't been
completed by Medina and the City on when the interceptor will be installed. The environment
around this property is somewhat unsettled. Mayor Tierney stated she is perplexed to the
County's urgency.
Councilmember Brown asked what the City could do. Community Development Director
Hurlburt stated perhaps the City could reiterate the City's plan for this area, register the
displeasure in not being informed, and concern about the urgency on the County's part.
Councilmember Bildsoe commented he feels it's wrong for governments to speculate on real
estate. He too feels that the County needs to be informed again of the City's position on this
property.
Mayor Tierney stated she would be interested in the road swap if there was more time. She
would consider working on this option with the County commissioners.
Manager Johnson suggested the Council reaffirm the October decision for the 2020 development
in this area.
A motion was made by Councilmember Johnson, seconded by Councilmember Brown to
reaffirm the Council's decision on this property by providing to the County a copy of Resolution
98-652 adopted on October 21, 1998 relating to the City's position of the 2020 development in
this area. With all members voting in favor, the motion carried.
Adjournment
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adjourn
the meeting at 10:00 p.m. With all members voting in favor, the motion carried.
rsandra R. Paulson,