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HomeMy WebLinkAboutCity Council Minutes 02-18-1998ADOPTED MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 1998 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 Blvd., on February 18, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold, Johnson, and Preus. Councilmember Black left the meeting at 9:23 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Planning Supervisor Senness, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one spoke at the Forum. Item 4-A "Find Lester" Award Public Safety Education Specialist Sara Cwayna and representatives of the Plymouth Crime and Fire Prevention Fund announced the winner of the "Find Lester" Award. One hundred thirty-seven search teams registered for the Find Lester" campaign. The winner of the $1,500 reward was Sam Switzer. Mayor Tierney requested that staff send a letter of appreciation to the Plymouth Crime and Fire Prevention Fund members for their efforts on this project. Item 4-11 Speed Limit Legislation Public Safety Director Gerdes reported that local legislators sponsored a bill which would allow a city to establish a speed limit of less than 30 mph for any street under a city's jurisdiction. The item did not pass out of committee; however, there are still opportunities for the issue to be considered during this legislative session. He also provided a status report on legislation related to liquor license fees. Councilmember Johnson described Agenda Item 6-Q which also relates to proposed legislation. Item 5 Approve Agenda The following items were requested for addition to the agenda: weight restrictions, status report on trail at south end of Medicine Lake, vacancy on Adopted City Council Minutes February 18, 1998 Page 2 Environmental Quality Committee, and announcement of League of Women Voters Forum on youth in government. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda with these four items added. Motion carried, seven ayes. Item 6 Consent Agenda Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the consent agenda. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt minutes of the January 21, 1998 Regular Council Meeting. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-94 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 6,1998. Motion carried, seven ayes. Item 6-C Ferrell North America. Site Plan Amendment for Olympic Steel (97182) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-95 APPROVING SITE PLAN AMENDMENT FOR INSTALLATION OF A PROPANE SYSTEM AT OLYMPIC STEEL LOCATED AT 1310015 AVENUE NORTH 97182). Motion carried, seven ayes. Item 6-D Planning Commission 1998 Work Program Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-96 APPROVING 1998 PLANNING COMMISSION WORK PROGRAM. Motion carried, seven ayes. Item 6-E Richard Whinnery, Richo Investments. Final Plat Loves Addition (97159) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-97 APPROVING FINAL PLAT FOR RICHARD WHINNERY FOR LOVES ADDITION LOCATED EAST OF XENIUM LANE, SOUTH OF 37TH AVENUE AND NORTH OF 36TH AVENUE (97159) Motion carried, seven ayes. Adopted City Council Minutes February 18, 1998 Page 3 Item 6-F Encroachment Agreement for CellNet Data Services (97176) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-98 APPROVING AN ENCROACHMENT AGREEMENT FOR CELLNET DATA SERVICES, INC. FOR PLACEMENT OF RADIO TRANSMITTERS AND RECEIVERS IN CITY RIGHT-OF-WAY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT (97176). Motion carried, seven ayes. Item 6-G Juneau Lane Traffic Issues Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to extend the time for staff to report on the effectiveness of the traffic measures implemented on Juneau Lane in the Parkers Lake area adjacent to Lions Park to June 1998, after traffic studies can be made based upon typical summer conditions with Lions Park usage. Motion carried, seven ayes. Item 6-11-1 Reimbursement for City Projects Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-99 FINAL REIMBURSEMENT TO THE DEVELOPER FOR REQUIRED STREET AND STORM SEWER CONSTRUCTION, XENIUM/VINEWOOD LANE, CITY PROJECT NO. 2014. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-100 REIMBURSING DEVELOPER FOR REQUIRED STREET AND STORM SEWER CONSTRUCTION AND ENGINEERING COSTS, SCHMIDT LAKE ROAD, CITY PROJECT NO. 3016. Motion carried, seven ayes. Item 6-I Rockford Road Landscaping Project, City Project No. 4002 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-101 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, COUNTY ROAD 9 (ROCKFORD ROAD), I-494 TO POLARIS LANE, LANDSCAPING CITY PROJECT NO. 4002. Motion carried, seven ayes. Item 6-J Installation of Stop Signs at Various Locations Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-102 INSTALLATION OF STOP SIGNS AT VARIOUS LOCATIONS. Motion carried, seven ayes. Adopted City Council Minutes February 18, 1998 Page 4 Item 6-K 1998 Municipal Recycling Grant Application Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-103 APPROVING 1998 MUNICIPAL RECYCLING GRANT APPLICATION AND 1997 MUNICIPAL RECYCLING FINAL REPORT. Motion carried, seven ayes. Item 6-L Environmental Quality Committee Annual Report and 1998 Work Plan Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-104 THE 1997 ANNUAL REPORT AND 1998 WORK PLAN OF THE PLYMOUTH ENVIRONMENTAL QUALITY COMMITTEE. Motion carried, seven ayes. Item 6-M Reduction in Required Financial Guarantee Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-105 REDUCING REQUIRED FINANCIAL GUARANTEE, MISSION VIEW ADDITION (94158). Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-106 REDUCING REQUIRED FINANCIAL GUARANTEE, PLUM TREE 3RD ADDITION (97034). Motion carried, seven ayes. Item 6-N Streetlight Project, Westbranch 4`h Addition Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-107 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, WESTBRANCH 4TH ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-108 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING WESTBRANCH 4TH ADDITION. Motion carried, seven ayes. Item 6-0 Contract for Repair of Well No. 7 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-109 RESOLUTION AWARDING BID, WELL NO.7 REPAIR. Motion carried, seven ayes. Adopted City Council Minutes February 18, 1998 Page 5 Item 6-P 1998 Health, Dental Benefits For Non -Represented City Employees Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-110 APPROVING THE 1998 MONTHLY CONTRIBUTION TO HEALTH AND DENTAL INSURANCE OR DEFERRED COMPENSATION FOR NON - REPRESENTED CITY EMPLOYEES. Motion carried, seven ayes. Item 6-Q Support Reinstatement of Sales Tax Exemption for Local Governments Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-111 SUPPORTING THE REINSTATEMENT OF SALES TAX EXEMPTION FOR LOCAL GOVERNMENTS. Motion carried, seven ayes. Item 6-R Revisions to City Personnel Policy Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-112 APPROVING AMENDMENTS TO THE PERSONNEL POLICY. Motion carried, seven ayes. Item 6-S Approve Concept of County -Wide Election Equipment Purchase Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the concept of a county -wide purchase of election equipment by Hennepin County. Motion carried, seven ayes. Item 6-T Change Order — Ice Center Dehumidifiers Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-113 APPROVING CHANGE ORDER NO.2 AND FINAL PAYMENT TO ANDERSEN MECHANICAL. Motion carried, seven ayes. Item 6-U Park and Recreation Advisory Commission Report and Work Plan Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to accepting the 1997 Park and Recreation Advisory Commission Annual Report and approving the 1998 Work Plan. Motion carried, seven ayes. Item 6-V Ice Center Change Order - Lagerquist Corporation Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-114 APPROVING CHANGE ORDER NO.1 WITH LAGERQUIST CORPORATION. Motion carried, seven ayes. Adopted City Council Minutes February 18, 1998 Page 6 Item 6-W Name for Northeast Neighborhood Park Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-115 NAMING NORTHEAST NEIGHBORHOOD PARK. Motion carried, seven ayes. Item 7-A On -Sale Intoxicating Liquor Application of Grandma's Inc. City Clerk Ahrens presented the staff report on the on -sale intoxicating and Sunday liquor license application of Grandma's Inc., at 3000 Harbor Lane. Mayor Tierney opened the public hearing. Andy Borg, 525 Lake Avenue South, Duluth, represented Grandma's Inc. He explained the proposed business. A June opening is anticipated. Mayor Tierney closed the hearing. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-116 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR GRANDMA'S INC., D/B/A GRANDMA'S RESTAURANT AND GRILL OF PLYMOUTH. Motion carried, seven ayes. Item 7-B Weed Eradication and Destruction Finance Director Hahn presented the staff report on the proposed assessments for 1997 Weed Eradication and Destruction Roll 2. Mayor Tierney opened the assessment hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-117 ADOPTING ASSESSMENTS, 1997 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, seven ayes. Item 7-C Removal and Destruction of Diseased Trees Finance Director Hahn presented the staff report on the 1997 removal and destruction of diseased trees, Roll 2. Mayor Tierney opened the assessment hearing. No one appeared and the hearing was closed. Adopted City Council Minutes February 18, 1998 Page 7 Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-118 ADOPTING ASSESSMENTS, 1997 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2. Motion carried, seven ayes. Item 7-D Public Improvement Hearing, Zachary Lane Improvements, Project 5030 Public Works Director Moore presented the staff report on the public improvement hearing on Zachary Lane improvements, Project 5030. He explained the proposed project and stated that approximately $150,000 is proposed to be assessed to benefiting property owners. The total project cost is estimated at $4 million. The proposed assessment rates for the project are 1,017 per lot for street reconstruction, with non-residential properties proposed to be assessed at the rate of $768 per unit based on 18,500 square feet per unit. The estimated assessment rate for curb and gutter is $8.50 per foot. Two informational meetings have been held with adjacent property owners. A 32 -foot wide curvilinear roadway is proposed, with medians and turn -lanes at County Road 9 and County Road 10. Turn lanes without medians are proposed at Schmidt Lake Road and at 36h Avenue. A 10 -foot wide bituminous trail will be installed on the west side along the entire project length, with a short segment of trail also installed on the east side between Schmidt Lake road and 53rd Avenue. Construction is scheduled during 1998, with final work to be completed in 1999. He said that if any portion of the project is to be assessed, six votes are required to proceed because the project was not petitioned by the adjacent property owners. Councilmember Black asked if the project would be largely completed in 1998. Director Moore responded that the entire roadway length may be completed in 1998, but the final design and bidding will provide more certain information. Mayor Tierney opened the public hearing at 7:30 p.m. Paul Larsien, 4945 Zachary Lane, expressed concern about amount of the proposed assessment. He said that residents were previously informed the estimated assessment would be about $1,000, and his estimated assessment is twice that amount. He said that the majority of property owners abutting Zachary Lane do not support the project. Russ Rekow, 5000 Zachary Lane, asked for clarification on the number of homes affected along Zachary Lane and whether residents with no driveway access on Zachary Lane would be assessed. He does not support the project and believes the roadway should remain rural. Adopted City Council Minutes February 18, 1998 Page 8 Rob Lundquist, 4870 Zachary Lane, said that the existing stop signs at 49`h Avenue and Zachary Lane are often ignored. He believes that the improvements will result in an increase in traffic volume which will impact safety. Kara Arne, 5020 Zachary Lane, stated that she was informed by staff that the landscape in the front of her property is on City right-of-way and would be incorporated into the design. She said that during a strong rain, the pavement lifts near the stop sign adjacent to her home. She asked if the hill will be lowered. Mayor Tierney closed the public hearing at 7:37 p.m. Public Works Director Moore responded to resident questions. He said that the street reconstruction assessment is $1,017; and any additional estimated cost is for concrete curb and gutter. The exact assessment would relate to the front footage of the property. He explained that water will be contained in roadway following the installation of the curb and gutter and the storm sewer system. The existing road wash-out problems should be eliminated. He said there are 11 single family homes proposed to be assessed under the project, in addition to other property types. This roadway was constructed in 1965 and there is deterioration along the entire roadway length. Substantial maintenance work is needed each spring and reconstruction is needed. He explained that if the project moves forward, the final project plans will be prepared and residents will be invited to another public meeting to view the detailed plans. This will include the landscape improvements. Councilmember Black asked staff to explain the portion of the project cost proposed to be assessed, as well as traffic and safety impacts. Director Moore said the total estimated project cost is $4 million, and about 150,000 is proposed to be assessed based on the City's Street Reconstruction Program. He said that the traffic studies indicate that the improvements will not draw more traffic. The curvilinear design with medians and landscaping will also discourage additional traffic and speeding. He noted that this street has traffic volumes of 6,000 to 8,000 vehicles per day because of the large area of the City that it serves. Councilmember Wold said that residents often don't understand the purpose of the right-of-way boulevard area and its appropriate uses. He requested that staff include an article in the Plymouth News helping residents understand what can be done in the right-of-way area. Adopted City Council Minutes February 18, 1998 Page 9 In response to question by Mayor Tierney , Public Safety Director Gerdes said that City will continue to do random enforcement at the Zachary Lane and Schmidt Lake Road intersection. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-119 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, ZACHARY LANE IMPROVEMENTS, 36TH AVENUE NORTH TO COUNTY ROAD 10 (BASS LAKE ROAD), CITY PROJECT NO. 5030. Councilmember Black said that one of the water quality assets in the developed areas of the City are the ditches and their filtering and pre-treatment capabilities. She asked that staff investigate whether the road design can incorporate any of the Surface Water Management items. Motion carried: six ayes; Spigner abstained. Item 8-A Environmental Assessment Worksheet, Elim Care (97008) Planning Supervisor Senness explained that staff and the Planning Commission recommend a finding of "no need" for an Environmental Impact Statement (EIS) based on the review of the Environmental Assessment Worksheet (EAW) dated December 19, 1997 for the project proposed by Elim Care Inc. She said that the Council's action on the EAW does not confer any project approvals. The purpose of the environmental review process is to provide information on environmental impacts early in the decision making process and to delegate authority and responsibility for environmental review to the governmental unit most closely involved in the project. Environmental documents serve as a guide in reviewing future development applications for the site. The City is responsible for reviewing the EAW and for determining the potential for significant environmental effects. The 30 -day EAW comment period ended in January. Planning Supervisor Senness reviewed the history of the site. In 1993, the City Council denied a request to reguide a portion of the property from IP to LA -2. In 1995, the Plymouth Ponds Business Park was approved immediately to the east of the site, and in 1996 the Planning Commission recommended denial of a request by Elim Care to reguide the entire site to residential. The applicant withdrew that proposal. In November 1996, the City conditionally reguided a portion of the site for residential use. She explains that the residential portion of the site proposes 176 senior townhome units, 56 non -age restricted townhome units, 94 multi -family senior cooperative units, 50 multi -family assisted living units, the administrative offices for Elim Care, and 200,000 square feet of office/industrial space. She Adopted City Council Minutes February 18, 1998 Page 10 said the key issues in the EAW relate to water resources and traffic. There are over 25 acres of wetlands on the site, as well as the shoreland of Plymouth Creek and floodplain. The applicant proposes to alter 3.1 acres of wetland and mitigate it on site. No buildings are proposed in the floodplain. The traffic study for the project determined there are a number of improvements needed related to the entrance to the site which would mitigate any increases to traffic. She explained the remaining review process which would be required for development approval on the site. In response to a question by Mayor Tierney, Supervisor Senness stated that the number of residential units proposed on the site requires an EAW to determine the environmental impacts. Councilmember Black asked when it would be appropriate to discuss housing types. She asked if there are any potential units for handicapped people. Mayor Tierney stated that she had received a letter from an individual who preferred an industrial use for the entire site. Jennie Ross, SRF Group Inc., consultant to Elim Care, Inc., said there will be an increase in traffic. Their review of the project found that all major issues can be resolved by the mitigation efforts identified in the EAW. Bob Dahl, representing Elim Care, stated that Elim has owned a substantial part of this project area since the early 1970's for a future planned senior retirement community. Elim wants to create a community that allows residents to live as independent as possible, but allows for aging in place which avoids moving for needed care. Elim decided to partner with Rottlund Homes, who will be responsible for the townhome portion of the project. He said that all of the age -restricted units would be designed to allow for handicapped use. Councilmember Spigner asked if the 56 non -age restricted units would have potential for handicapped use, and why non -age restricted units became involved in the proposed project. Mr. Dahl said that one of Elim's concerns was the portion of the site where townhomes would be contiguous to the abutting industrial land. He was concerned about the marketability of those units when the population of individuals for those units is home during the day. Rottlund's proposed solution is to take that area out of the age -restricted environment and install a product that is largely purchased by young professionals who are predominantly away from home during the day, thus avoiding the conflict with abutting industrial impacts such as truck traffic. Adopted City Council Minutes February 18, 1998 Page 11 Councilmember Wold requested that speakers limit their remarks to the EAW. Richard Palmiter, Rottlund Homes, stated that Rottlund will bring unique experience to the project. He said that the 56 non -age restricted units will probably not have handicapped accessibility. However, about 80 percent of the units in the overall project could be accessible. He said that Rottlund has not previously been involved in an age -restricted community, and he believes this is the future direction for housing. Mayor Tierney asked if the current proposed densities could be amended by the developer. Mr. Palmiter responded that the densities are determined through a formula based on land value. A reduction in densities results in a direct proportional relationship to project cost. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-120 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED DECEMBER 19,1997 FOR THE PROJECT PROPOSED BY ELIM CARE, INC., FOR CORNERSTONE COMMONS OF PLYMOUTH RESIDENTIAL DEVELOPMENT AND ADJACENT INDUSTRIAL SITE DEVELOPMENT (97008). Motion carried, seven ayes. Item 8-11 Administrative Penalties for Tobacco Ordinance Violations Public Safety Director Gerdes presented the results of the first tobacco compliance checks which were conducted in 1997. Of the 50 tobacco license holders in the City, 14 had violations. All violations have completed the court process. He described the hearing process conducted by staff and the recommended penalties. Councilmember Wold said that he understands the cooperative approach used by staff in this process as the means to eliminate this type of activity. This cooperative approach has been successful in dealing with alcohol issues. However, he is very concerned that the recommended fines which range from 100 to $250 are not sufficient to send the message of the seriousness of this issue. He said the ordinance provides for a maximum $500 penalty for a first violation. He said it is a very serious matter that about one-fourth of the City's tobacco licensees failed the compliance check, and all licensees need to understand how seriously the Council considers this issue. He suggested that a letter be written to all tobacco licensees to convey the Council's intent to Adopted City Council Minutes February 18, 1998 Page 12 seriously handle any further violations. He said that the health and safety of the youth in this community is paramount, and a $100 penalty is not a sufficient penalty. He will support the staff recommendation in this case only because of the success of the liquor compliance check program. Councilmember Johnson said that she will also support the staff recommendation on penalties for these violations; however, she intends to support the maximum penalties on any future violations. Mayor Tierney asked if any of the businesses that violated the compliance checks were involved in the establishment of the tobacco ordinance. Public Safety Director Gerdes responded that some of the businesses were involved in the development of the tobacco license, and each licensee has been provided with educational material. Councilmember Bildsoe noted that 2 to 5 -day suspensions are also imposed, but stayed for six months. He asked how many compliance checks will be conducted in the next six months. Public Safety Director Gerdes responded that two compliance checks will be conducted. If a licensee receives a penalty and subsequently fails a compliance check, there is an automatic suspension of the license. The additional violation would be heard for an independent penalty. Councilmember Bildsoe asked about the number of violations found with the alcohol compliance checks. He said that some people don't feel it is important because youth can go to other communities to buy alcohol and tobacco; however, the City Council wants to make an effort to control this activity in this community. He would like compliance checks to be conducted without prior warning to the businesses. Director Gerdes said that there were no violators in the recent compliance checks of the off -sale intoxicating licensees. Four to six on -sale establishments failed their first compliance checks. He explained the compliance check notice procedure. Licensees are notified that a compliance check will be conducted during the next two to three months. The check is then randomly conducted. This provides the licensee an opportunity to review the laws with their employees and benefits the City during subsequent court action. In response to a question by Councilmember Spigner, Director Gerdes said that the City has authority by ordinance to conduct unannounced compliance checks; however, the court positively views the advance notices. He also Adopted City Council Minutes February 18, 1998 Page 13 explained that a subsequent violation date is calculated from the date of the previous violation. Conditions place on the license are from the date of Council action. Councilmember Preus asked why staff used an administrative hearing process, rather than having each licensee with a violation appear before the Council for a hearing. Director Gerdes responded that an administrative hearing process was used because of the volume of violations and because these were the first compliance checks in the tobacco area. He felt it was appropriate to invite cooperation, while still invoking a penalty for noncompliance. Councilmember Preus noted that the proposed penalties are similar to the court penalties. Director Gerdes said that the court penalty was considered, along with the fact that these were first violations. Councilmember Preus supported the goal of trying to educate and entice cooperation from licensees. However, he is concerned that the owners did not have to appear in court or before the City Council. The clerk who made the sale would have appeared in court. He believes that requiring the owner to appear before the City Council would have a substantial positive impact. He will support the staff recommended penalties, but in the future would like the licensees to appear before the Council. Councilmember Preus supports the communication to licensees advising of future compliance checks and doesn't necessarily believe that the Council -imposed penalties should be consistent with the Court penalty. Councilmember Bildsoe supported requiring future violators to appear before the Council. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to support the staff recommendation on penalties for tobacco violations, as contained in the staff report, and to direct staff to forward a letter to all tobacco licensees indicating that future violations will be harshly dealt with. Motion carried, seven ayes. Item 8-C Capital Improvements Program Public Works Director Moore presented the proposed 1998-2002 Capital Improvements Program. He said that at the public hearing, one individual requested that a project (adjacent to property owned by that individual) be advanced in the Program. The Planning Commission recommended approval Adopted City Council Minutes February 18, 1998 Page 14 of the Capital Improvements Program as proposed. The 5 -year plan proposes expenditures of over $51 million. Primary sources of funding are tax increment, park dedication, utility trunk fund, Minnesota State Aid, Infrastructure Replacement, special assessments, and an anticipated 1998 bond referendum. He summarized the projects included in the program and explained that the projects in the first two years of the plan are more definite than the remaining years. Park Director Blank presented information on the park projects proposed in the Capital Improvements Program. Councilmember Bildsoe noted that the Capital Improvements Program includes expansion of the parking at the LifeTime Fitness/Plymouth Ice Center property to be expanded by at least 110 additional parking spaces. This work is slated to begin in May. Mayor Tierney asked about the proposal for land acquisition for the tenth playfield. Park Director Blank responded that until the projected density of Northwest Plymouth is known, the acquisition should not move forward. He said that one of the options for Northwest Plymouth is "no growth", in which case a playfield may not be needed. Councilmember Johnson thanked members of the City's commissions for their work in reviewing the proposed Capital Improvement Program. Councilmember Preus asked about the status of discussions with the City of Orono on Ferndale Road improvements. Public Works Director Moore explained that Plymouth staff received a preliminary draft of the roadway design which will be forwarded to Orono officials. Preliminary discussions with the City Councils will follow. He said that the Orono Council has gone on record as endorsing a 28 -foot wide street, which was not recommended by their staff. He anticipates that a public meeting will be held with affected residents in the three affected communities in the next few months. Councilmember Black noted that two new wells are proposed in 1999 and 2000. She asked if any funds have been designated for educating residents on ways to conserve water. Public Works Director Moore said that the Environmental Quality Committee has expressed interest in developing such an education program. Funding Adopted City Council Minutes February 18, 1998 Page 15 would be available from the Utility Fund or Water Trunk Fund for this purpose. Councilmember Black said that the Capital Improvement Program includes 750,000 annually for Water quality improvements. She asked about the source of funds. Public Works Director Moore responded that he anticipates it would be a new funding source and that $750,000 per year would be the minimum needed. Mayor Tierney questioned the funding for the proposed Schmidt Lake Road bridge. Public Works Director Moore said that it would be funded with state aid funds. He said that the bridge on the Schmidt Lake Road project is about one- half of the cost of the entire project. The traffic studies conducted for the high school project indicate that the Schmidt Lake Road connection would not be immediately needed, but will be needed in the future. He believes that this connection will be needed even if a "no growth" option for Northwest Plymouth is adopted. Mayor Tierney announced that she has a scheduled a meeting with the Orono Mayor to discuss the Ferndale improvements. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-121 APPROVING THE 1998-2002 CAPITAL IMPROVEMENTS PROGRAM (CIP) FOR THE CITY OF PLYMOUTH. Motion carried, seven ayes. Councilmember Black left the meeting at 9:23 p.m. Item 8-1) Reconsider Special Meeting City Manager Johnson suggested that the City Council reconsider the vote to meet with the maintenance employees in a special meeting on March 18. He said it would be best to exhaust administrative remedies with employees before establishing a City Council meeting with the employees. Councilmember Bildsoe said that the Council's intentions were great in establishing the Council meeting, but agreed that the proper action is to direct the City Council's employee -- the City Manager -- to first meet with the group to consider their concerns. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to reconsider action taken at the last meeting to establish a Special Adopted City Council Minutes February 18, 1998 Page 16 Council meeting for March 18 to meet with the maintenance employees. Motion carried, six ayes; Black absent. City Manager Johnson explained that the motion to schedule a meeting for March 18 with the maintenance employees is now on the floor for action. Councilmember Preus explained his intent in making the motion at the previous meeting for the Council to meet with the maintenance employees. He said that concerns were expressed during the negotiation process and employees regularly attended Council meetings to make a statement. The maintenance employees approached the City Council as a whole on one occasion, but issues could not be addressed due to the ongoing negotiation process. Councilmember Preus said that maintenance employees have commented to him about various agenda items, with suggestions about ways to save the City money and do things better. His purpose in establishing the meeting was to hear these types of employee ideas in order to provide better services to the citizens. It was not his intent to discuss working conditions or hear complaints because there is an established process for that. He believes that the City Manager should have the first opportunity to discuss employee issues. Councilmember Wold said that it is important for Councilmembers to be available to employees. He believes that a meeting between the Council and employees could have positive results, and he will continue to support it. Councilmember Spigner agreed that the Council should listen to employees on issues unrelated to employment contracts, although the City Manager should have the first opportunity to do so. Manager Johnson said that two weeks ago he offered to meet with the maintenance employees but has not received a response. He is also awaiting direction from the Council. Councilmember Spigner suggested that the City Manager meet with the maintenance employees so that the City Council can then do so. Mayor Tierney stated that she opposes the motion because she believes it is appropriate for the City Manager to first meet with employees. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to postpone indefinitely and to direct the City Manager to meet with the maintenance employees. Adopted City Council Minutes February 18, 1998 Page 17 Councilmember Johnson explained that this action would allow the City Manager the opportunity to meet with employees, and it wouldn't preclude individual Councilmembers from meeting with employees. Motion carried, five ayes; Tierney nay; Black absent. Item 9-A Amend Weight Restrictions Public Works Director Moore recommended that the Council permit weight restrictions to be placed on the City's streets any time after February 19 for the 1998 season. This is recommended due to the unusual winter and early spring thaw in order to protect the investment in the streets. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 98-122 CHANGING THE PERIOD FOR SEASONAL WEIGHT RESTRICTIONS. Councilmember Wold noted that this item was not published on the printed agenda and, therefore, notice was not given for the normal period. He asked if the weight restrictions will be enforced as aggressively as in a typical year. He would like some leniency shown in enforcement due to the amended dates and lack of notice. City Manager Johnson said that no enforcement will be done until signs are posted. Director Moore added that this restriction largely affects the construction industry who is aware of the change. The State will also institute weight restrictions on state roadways beginning next week. Motion carried, six ayes. Item 9-B Update on Trail at south end of Medicine Lake Councilmember Preus said that before leaving the meeting, Councilmember Black had requested this item be removed from the agenda. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to move to the next agenda item. Motion carried, six ayes Item 9-C Vacancy on Environmental Quality Committee Motion was made by Mayor Tierney, seconded by Councilmember Preus, to direct staff to solicit applications from interested residents to fill the at -large vacancy resulting from the resignation of Jeff Johnson on the Environmental Quality Committee. Motion carried, six ayes. Adopted City Council Minutes February 18, 1998 Page 18 Item 9-D LVW Forum Councilmember Johnson invited individuals to participate in a LWV Forum on youth in government on February 28. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adjourn the meeting at 9:42 p.m. Motion carried, six ayes. r Cit Clerk