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HomeMy WebLinkAboutCity Council Minutes 05-06-1998ADOPTED MINUTES REGULAR COUNCIL MEETING MAY 69 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 May 6, 1998. Boy Scout Troops 283 and 724 led the Pledge of Allegiance. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold and Johnson. ABSENT: Councilmember Preus. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum Jim Willis, 1651126"' Avenue North, described a problem of excessive algae in the pond in the Maple Dell development. The pond was established out of an existing wetland in the late 1960s and is the recipient of drainage water from the Seven Ponds area. He said that the algae, largely duckweed, is entering the pond from conveyance structures constructed by the City that drain from other areas. Mr. Willis said that Maple Dell residents have chemically treated the pond, but a long-term solution is needed. He requested that the City help to resolve this problem. Mayor Tierney suggested that the issue could be referred to the Environmental Quality Committee or to engineering staff for review. Councilmember Black said that the engineering staff is familiar with the situation. She said it is an urban problem that results from development and it is difficult to address. Mayor Tierney requested that engineering staff contact Mr. Willis. Item 4-A Special Election on Activity Center and Field House Project Assistant Manager Lueckert announced that there will be a special election on May 19 on the question of whether to issue general obligation bonds in an amount not to exceed $4.5 million to be combined with other existing funds for the purpose of constructing, equipping, and furnishing buildings to be used as an activity center and field house. She described voting hours, the absentee voting process, and registration procedures. Adopted City Council Minutes May 6, 1998 Page 2 Item 4-13 Proclamation of Arbor Day Forester Paul Buck and students from Gleason Lake elementary school described the events planned for the Arbor Day celebration. Mayor Tierney proclaimed May 22 as Arbor Day. Item 4-C Proclamation of Older Americans Month Mable Swanson and Patty Doden invited the City Council to attend an Open House and Ice Cream Social to celebrate Older Americans Month. Councilmember Spigner said that it is time that the Plymouth seniors have a home in the Activity Center, which will be subject of the May 19 election. Mayor Tierney proclaimed May as Older Americans Month. Item 5 Approve Agenda Councilmember Bildsoe requested that an item on the Ferndale Road Project be added to the agenda. Councilmember Black requested that an item on the Environmental Trust Fund ballot question be added to the agenda. Councilmember Johnson requested that Item 9-A be moved to 8-a. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda with the changes noted. Motion carried, six ayes. Item 6 Consent Agenda Items 6-M, 6-N, 6-W, 6-X, 6-Y, and 6 -AA were removed from the Consent Agenda. Councilmember Bildsoe recorded an abstention on Item 6-F. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to approve the Consent Agenda as amended. Motion carried, six ayes. Item 6-A Approve Minutes Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt minutes of the April 13, 1998 and April 22 Special Council Meetings, and the April 22 Board of Review Meeting. Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 3 Item 6-B Approve Disbursements Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-261 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 24,1998. Motion carried, six ayes. Item 6-C Richard Grimes c/o Randy Olson, (98105) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-262 APPROVING VARIANCE REQUEST FOR RICHARD GRIMES C/O RANDY OLSON FOR PROPERTY LOCATED AT 1507 WEST MEDICINE LAKE DRIVE 98105). Motion carried, six ayes. Item 6-D City of Plymouth Park.and Recreation Department. (98038) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-263 APPROVING A SITE PLAN AMENDMENT FOR THE CITY OF PLYMOUTH FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING AT THE ELM CREEK PLAYFIELD LOCATED WEST OF PEONY LANE AND NORTH OF THE SOO LINE RAILROAD AT 4905 PEONY LANE. 98038). Motion carried, six ayes. Item 6-E Inspec, Inc. Site Plan Amendment at 4350 Zachary Lane (98050) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-264 APPROVING A SITE PLAN AMENDMENT FOR ZACHARY LANE ELEMENTARY SCHOOL AT 4350 ZACHARY LANE NORTH (98050). Motion carried, six ayes. Item 6-F SVK Development. Interim Use Permit (98026) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-265 APPROVING INTERIM USE PERMIT FOR SVK DEVELOPMENT FOR PROPERTY LOCATED SOUTH OF HIGHWAY 55 AND EAST OF URBANDALE COURT 98026). Motion carried, five ayes; Bildsoe abstained. Item 6-G Caliber Development Corporation. Conditional Use Permit (98039) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-266 APPROVING CONDITIONAL USE PERMIT FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED SOUTHEAST OF 10TH AVENUE AND XENIUM LANE (98039). Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 4 Item 6-H Untiedts Vegetable Farm. Interim Use Permit (98040) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-267 APPROVING INTERIM USE PERMIT FOR UNTIEDT'S VEGETABLE FARM FOR A TEMPORARY GREENHOUSES AND PRODUCE SALES ON PROPERTY LOCATED SOUTH OF CO. RD. 6 AND WEST OF CO. RD. 101(98040). Motion carried, six ayes. Item 6-I Rust Architects, P. A. Conditional Use Permit (98041) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-268 APPROVING A SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR UNITED PRODUCTS CORPORATION LOCATED AT 2915 NIAGARA LANE NORTH (98041). Motion carried, six ayes. Item 64 Curves International, Inc. Zoning Ordinance Amendment (98043) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt ORDINANCE 98-13 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21, C-2 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT (98043). Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-269 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21005.02 (DEFININTIONS) AND SECTION 21460 (C2, NEIGHBORHOOD COMMERCIAL) OF THE PLYMOUTH CITY CODE (98043). Motion carried, six ayes. Item 6-K Kenneth R. Streeter Companies. Fire Lane Variances (97183) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-270 APPROVING FIRE LANE VARIANCES FOR KENNETH R. STREETER COMPANIES FOR TWO COMMERCIAL BUILDINGS TO BE KNOWN AS PLYMOUTH HILLS SHOPPING CENTER FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 34'x' AVENUE NORTH AND PLYMOUTH BOULEVARD (97183). Motion carried, six ayes. Item 6-L Amend Precinct Boundaries within Ward 1 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-271 AMENDING BOUNDARIES FOR PLYMOUTH VOTING PRECINCTS 1 AND 10. Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 5 Item 6-0 Establish May 13, 1998 as Special City Council Meeting Motion was made by Councilmember Black, seconded by Councilmember Spigner, to establish May 13, 1998 at 7 p.m. as a Special City Council Meeting to discuss street assessment policies, city insurance programs, and Year 2000 computer issues. Motion carried, six ayes. Item 6-P Tobacco License for Grandma's Restaurant and Grill of Plymouth Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-272 APPROVING 1998 TOBACCO LICENSE FOR GRANDMA'S RESTAURANT AND GRILL OF PLYMOUTH. Motion carried, six ayes. Item 6-Q First Quarter 1998 Financial Report Motion was made by Councilmember Black, seconded by Councilmember Spigner, to accept the First Quarter 1998 Financial Report. Motion carried, six ayes. Item 6-R Ryan Companies US, Inc. Amend Resolution 97-750 (97172-2) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-273 AMENDING RESOLUTION 97-750 FOR SITE PLAN AND VARIANCE FOR EMPLOYERS ASSOCIATION LOCATED AT 9805 45TH AVENUE NORTH TO REMOVE A REQUIREMENT THAT AN INDOOR TRASH ENCLOSURE BE PROVIDED (97172-2). Motion carried, six ayes. Item 6-S Moen-Leuer Construction, Inc. Final Plat (97012F) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-274 APPROVING FINAL PLAT FOR MOEN LEUER CONSTRUCTION, INC. FOR "WEST GLEN CORPORATE CENTER" LOCATED NORTH OF HIGHWAY 55, SOUTH OF 36THAVENUE AND EAST OF ROCKFORD ROAD 97012F). Motion carried, six ayes. Item 6-T Reimbursement for Required Construction of a Water Line (96045) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-275 REIMBURSING DEVELOPER FOR REQUIRED WATERMAIN CONSTRUCTION, LAKE POINT DISTRIBUTION CENTER (96045). Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 6 Item 6-U Reduction in Required Financial Guarantee Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-276 REDUCING REQUIRED FINANCIAL GUARANTEE, NORTH COUNTRY ESTATES (97023). Motion carried, six ayes. Item 6-V Approval of Contract Extension for Plymouth Metrolink Transit Services Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-277 AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE METROPOLITAN COUNCIL FOR OPERATION OF TRANSIT SERVICE. Motion carried, six ayes. Item 6-Z Amending Resolution 98-208, Change Order No. 1, City Project No. 5041 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-278 CORRECTING RESOLUTION 98-208, CHANGE ORDER AND FINAL PAYMENT, WEATHERPROOF SYSTEMS, INC., PLYMOUTH ICE CENTER, CITY PROJECT NO. 5041. Motion carried, six ayes. Item 6 -BB Change Order, East Medicine Lake Blvd. Improvements, Project 7006 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-279 APPROVING CHANGE ORDER NO. 2, EAST MEDICINE LAKE BOULEVARD, CITY PROJECT NO. 7006. Motion carried, six ayes. Item 6 -CC Ford Road/Shelard Parkway Intersection, City Project 1008 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-280 ACCEPTING BIDS AND AUTHORIZING THE CITY OF ST. LOUIS PARK TO ENTER INTO A CONTRACT, FORD ROAD/SHELARD PARKWAY INTERSECTION IMPROVEMENTS, CITY PROJECT NO. 1008. Motion carried, six ayes. Item 6 -DD Maintenance Building Expansion, Project No. 8018 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-281 DESIGNATING CONSULTANTS, MAINTENANCE BUILDING EXPANSION, CITY PROJECT NO. 8018. Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 7 Item 6 -EE Exemption of Wetland Report, Plymouth Hills 7h Addition (97027) Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-282 EXEMPTION OF ANNUAL WETLAND MONITORING REPORT, PLYMOUTH HILLS 7TH ADDITION (97027), SE'/4 NW% OF SECTION 21, T118N, R22W. Motion carried, six ayes. Item 6 -FF Wetland Mitigation Plan, Schmidt Lake Road, Project 9007 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-283 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, SCHMIDT LAKE ROAD PROJECT, CITY PROJECT 9007, SW SE SECTION 9, TWP 118N RANGE 22W. Motion carried, six ayes. Item 6 -GG 1998 Street Reconstruction Project — Phase II, City Project No. 8001 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-284 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1998 STREET RECONSTRUCTION PROJECT — PHASE II, CITY PROJECT NO. 8001. Motion carried, six ayes. Item 6 -HH -1 1998 Street Reconstruction Project — Phase I, City Project No. 8001 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-285 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, 1998 STREET RECONSTRUCTION PROJECT - PHASE I, CITY PROJECT NO. 8001. Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-286 FOR HEARING ON PROPOSED ASSESSMENT, 1998 STREET RECONSTRUCTION PROJECT — PHASE I, CITY PROJECT NO. 8001. Motion carried, six ayes. Item 6 -HH -2 Award of Conditional Contract, 1998 Street Reconstruction Project — Phase I, City Project No. 8001 Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-287 AWARD CONTRACT, 1998 STREET RECONSTRUCTION PROJECT -- PHASE I, CITY PROJECT NO. 8001. Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 8 Item 641 Approval of Truck Chassis with Street Flusher Purchase Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-288 APPROVAL OF PURCHASE OF ONE NEW TRUCK CHASSIS WITH MOUNTED STREET FLUSHER. Motion carried, six ayes. Item 6 -JJ Approve Operating Managers for Liquor Establishments Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-289 APPROVING DESIGNATION OF LIQUOR ESTABLISHMENT OPERATING MANAGERS. Motion carried, six ayes. Item 6 -KK Call for Public Hearing on Proposed Charter Amendment Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-290 SETTING A PUBLIC HEARING ON JUNE 3,1998 AND DIRECTING THE PUBLICATION OF THE TEXT OF AN ORDINANCE TO REPEAL SECTION 5.02, SUBDIVISION I AND MAKE CHANGES TO SECTION 5.02, SUBDIVISION 2 OF THE PLYMOUTH CITY CHARTER. Motion carried, six ayes. Item 6 -LL Purchase of Rotary Mower Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-291 APPROVAL OF ONE CURRENT MODEL 10—FOOT HYDROSTATIC FOUR WHEEL DRIVE ROTARY MOWER WITH SNOWBLOWER ATTACHMENT. Motion carried, six ayes. Item 6 -MM Recognition of Sunset Hill elementary School Motion was made by Councilmember Black, seconded by Councilmember Spigner, to authorize the Mayor to sign a Certificate of Appreciation in recognition of Sunset Hills Elementary School's effort in organizing and holding the 3' Plymouth Environmental Fair. Motion carried, six ayes. Item 6 -NN Review Status of City Subcommittees Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-292 ABOLISHING CITY SUBCOMMITTEES. Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 9 Item 6-00 Change Order No. 1 and Final Payment -- Ice Center Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-293 APPROVING CHANGE ORDER NO. 1 AND FINAL PAYMENT TO GRAZZINI BROTHERS. Motion carried, six ayes. Item 8-a (9-A) Report on Outdoor Warning System Councilmember Bildsoe noted that there have been many serious storms in the nation this year. He requested that Public Safety provide a report on the City's Outdoor Warning System. Public Safety Director Gerdes said the City currently has excellent coverage from outdoor warning sirens, and recently upgraded the system at County Road 101 and County Road 6. A new siren was also installed at Wayzata High School. The outdoor warning system is to advise people who are outside of serious weather. He suggested that people purchase a weather radio for their homes which is activated by the National Weather Service when there is bad weather. Councilmember Bildsoe asked about the status of sirens for the areas currently not served by the system and plans for upgrading the older sirens. Public Safety Director Gerdes responded that residents living near the city limit boundary may receive warning from outdoor sirens in Minnetonka and Golden Valley. This year's budget funds were used for the new installation at Wayzata High School. Councilmember Black thanked Public Safety Director Gerdes and Councilmember Bildsoe for providing information on this item. People tend to think they should hear warnings in their homes, but that is not the intent of an outdoor warning system. Councilmember Johnson introduced Amy Rolando. Amy Rolando, meteorologist and owner of Weather Watch, said the City currently contracts with her company during the winter months. She described the services provided by her company. Councilmember Johnson suggested that staff consider whether to contract for this service in the summer months as well. Adopted City Council Minutes May 6, 1998 Page 10 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the report of Public Safety on the Outdoor Warning Siren System. Motion carried, six ayes. Item 8-A Mark Shea, Variance at 4210 Pineview Lane (98047) Community Development Director Hurlburt presented the recommendation of the Planning Commission and staff to deny a variance for a swimming pool and fence in the front yard at 4210 Pineview Lane. The zoning ordinance requires that all accessory structures be set back behind the front building line established by the primary structure on the lot. This a corner lot, and the home was placed on what may be considered the rear of the lot. Because of soil problems, the home was located to the rear of the lot and faced Pineview which left a large yard on 42"d Avenue. She showed the location of the proposed pool and fence. The Planning Commission felt that the variance was not the minimum request necessary to enjoy the reasonable use of the property. Staff had originally recommended approval, but Director Hurlburt noted that the issue of reasonable use of the property and compatibility with the neighborhood is debatable. There were residents in opposition to the request at the Planning Commission meeting due to the aesthetic impacts, and several residents felt that their homeowner association covenants prevented this or required their approval. Director Hurlburt said the City cannot intervene or enforce homeowner association covenants. Subsequent to the Planning Commission meeting, the homeowner association approved the proposed plan, but this cannot be a factor in the City's action. Mark Shea, 4210 Pineview Lane, asked if a variance would be needed if the fence did not extend beyond the front of the home. Director Hurlburt said that a variance would still be needed to allow the proposed swimming pool and fence. She showed a map indicating that a six foot fence would only be allowed without a variance on the rear and side of the home, and the swimming pool would also require a variance. Mark Shea said that his home is a side walkout, and he has signed approval from the homeowner association for the project. He plans to add screening to the fence. He believes that his request is reasonable because a driveway and three -stall garage could be added off of 42"d Avenue, but a six foot fence in that location requires a variance. He said the pool will not be visible from the street due to the fence. He said that homes on similar lots in the neighborhood could construct a pool and six foot fence because the homes are reversed in location on the lot. Mr. Shea said that if this project had been proposed prior to the new zoning ordinance, no variance would be needed. He said that lack of a pool is not a hardship, but they are trying to complete landscaping to Adopted City Council Minutes May 6, 1998 Page 11 include fencing of the sport court and yard for a safe play area for their children. Councilmember Black asked Mr. Shea if he had read the conditions in the approving resolution. She has visited the site and doesn't believe it could be a problem. Mr. Shea said that he has reviewed the resolution. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-294 APPROVING FENCE HEIGHT AND POOL SETBACK VARIANCES FOR MARK SHEA ON PROPERTY LOCATED AT 4210 PINEVIEW LANE NORTH (98047). Councilmember Bildsoe said that he also visited the parcel and agrees that it meets the variance standards. Councilmember Johnson said she believes the hardship is that they cannot enjoy their property with the privacy of a six foot fence, regardless of whether there is a sport court or swimming pool. Motion carried, six ayes. Item 8-B Plymouth Charter Commission Recommendation Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to postpone this issue to the next Council meeting when Councilmember Preus will be present. Councilmember Bildsoe said that Councilmember Preus has been involved in the supermajority vote issue since its inception, and he should be present for discussion on the item. He said this Council has recognized other Councilmembers issues and not addressed those issues until the affected Councilmember was present. Councilmember Bildsoe said that Bob Sipkins, Charter Commission Chairperson understands the intent and supports the delay until Councilmember Preus is present. Mayor Tierney said she will support the motion to postpone with the understanding that the reason for difficulty on this issue is that this consideration was not given initially and many questions were unanswered. Councilmember Spigner said that discussion should not be held on the issue, but rather kept to the issue of tabling. Adopted City Council Minutes May 6, 1998 Page 12 Councilmember Johnson stated she appreciates that Mayor Tierney will support tabling the issue until all councilmembers are present. When the supermajority vote issue was originally brought up, not all councilmembers were present. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, six ayes. Motion to table carried, six ayes. Item 8-C Sewer Utility Rate Increase Finance Director Hahn presented the recommendation to increase the sewer rate from $1.82 per thousand gallons to $1.95 per thousand gallons, and to continue to provide senior citizens with a 10 percent discount. He said that even though the Sump Pump Program will save the City over $100,000 per year, additional rate increases are needed. A deficit is projected in the Sewer Fund for 1998 of over $470,000, and the fund has run a deficit for a number of years. The proposed increase is needed to address this deficit. Councilmember Bildsoe asked about the sewage treatment charges from the Metropolitan Council. He said the Metropolitan Council has increased its charges to the City of Plymouth by 38.2 percent since 1992, and the City has increased its rates by 11 percent. He said that the staff report also addresses the importance of reducing this fund deficit as it relates to the City's credit rating. Director Hahn said that if the proposed rate increase is approved, the City's sewer rate will have increased by 18.9 percent since 1992. Manager Johnson said the average impact of the rate increase is 78 cents per month per household. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt ORDINANCE 98-14 AMENDING CITY CODE CHAPTER VII RELATING TO SEWER RATES. Mayor Tierney thanked the previous Council for initiating the sump pump program which has had a positive impact on sewer rates. Councilmember Wold thanked former Councilmember Lymangood for his work on the sump pump program. Motion carried, six ayes. Adopted City Council Minutes May 6, 1998 Page 13 Item 8-1) (6 -AA) Zachary Lane Improvement, Project 5030 Patrick McKee, 3955 Arrowood Lane, said that some adjacent residents have expressed concern about the size of the expanded parking lot at Mission Hills Neighborhood Park. There are currently four spaces that are rarely filled. The expanded trail and parking will add bituminous in the area. He also noted that there is no handicapped parking indicated on the drawing. Councilmember Johnson asked if this is the location where people are parking on the grass due to lack of parking. Mr. McKee said that two years ago some soccer matches were scheduled for the park due to field shortage. This was a dangerous situation with 40 to 50 vehicles parked on the grass and children crossing Zachary Lane. However, that was a one year scheduling problem and it has not been inappropriately scheduled since then. He said that most of the use of the park is pedestrian traffic, and the cost of expanded parking is $7,000 to $10,000 per parking space. He concluded that the number of proposed spaces could be reduced. Public Works Director Moore showed a copy of the plans. He said that the number of spaces could be reduced even after the plans are approved. Director Moore explained that Mission Hills Park has four spaces and overflow parking is done along the shoulder of the road or the boulevard between the trail and the roadway. With the Zachary Lane project, parking will no longer be allowed along the roadway, and parking in the grass median area is illegal. The park and recreation department requested that parking be expanded as part of the Zachary Lane project. Approximately 10 parking stalls are proposed in the plan, and the City would mark one stall for handicap parking. Councilmember Black asked for clarification that the size of the parking lot can be reduced later. Director Moore said the parking lot is a very small part of the entire Zachary Lane improvement project. The number of parking spaces could be amended later in the project. Mr. McKee said he would also like to have a curbcut to the trail to provide accessibility. Councilmember Black said she would like the City to work on Mr. McKee's concerns. She said that she has several additional issues. There are 15 to 18 parking spaces proposed along the west side of Zachary Lane which may be excessive. However, she wants to ensure that there is public access to the Adopted City Council Minutes May 6, 1998 Page 14 playfield from Zachary Lane. She would also like staff to consider constructing a trail between 53`d and 55`h Avenues on the east side of Zachary Lane. Director Moore said that he would consider these suggestions to be minor changes to the plans. Staff will consider these changes. He said the parking area is being done only to accommodate the park use and suggested that issues be referred to Park and Recreation. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 98-295 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, ZACHARY LANE STREET AND TRAIL IMPROVEMENTS, CITY PROJECT NO. 5030. Councilmember Spigner asked Park Director Blank to comment on the proposed parking lot expansions. Park Director Blank responded that the northerly parking lot at Bass Lake could be reduced from 18 spaces to 10 or 12 spaces. There is a tremendous amount of traffic in this area, and the City provides the only access to that lake. He said that Mission Park was built in 1980 with four parking stalls. This was adequate because there was a gravel road. He believes that with the Zachary Lane improvements, the ability for any off-road parking will be lost. Other neighborhood parks are located in the interior of neighborhoods and can have overflow parking on the public streets. This situation will be different, and he believes that 10 parking stalls is reasonable in order to adequately plan for 20 years. The existing parking lot is also difficult to enter and exit, and the landscaped berm will remain. Councilmember Black said that some cities have used an open paving system as an overflow parking area. She requested that be considered for this location. Motion carried, six ayes. Item 8-E (6-X-) 1998 Municipal Recycling Grant Agreement Motion was made by Councilmember Spigner, seconded by Councilmember Wold, to adopt RESOLUTION 98-296 APPROVING 1998 RECYCLING GRANT AGREEMENT. Councilmember Spigner said that she will speak on Item 6-Y, but wanted to bring to the Council's attention that part of the Municipal Recycling Grant Adopted City Council Minutes May 6, 1998 Page 15 Agreement indicates a minimum of six types of recycling articles that can be picked up at curbside -- newspaper, advertising supplements, cardboard, clear brown/green glass, metal food and beverage containers, plastic bottles with necks, magazines and catalogs. Motion carried, five ayes; Black abstained. Councilmember Black said she administers the block grants from the state on whether counties get funding for these programs. Item 8-F (6-Y) Negotiate Extension of Recycling Contract Councilmember Spigner said that residents have indicated that they have different needs with respect to recycling. Some people shred their paper materials; however, it is not being picked up because they are storing it in recyclable plastic bags. A second issue is how the recyclables are picked up. She has heard complaints that nonrecyclable items have been thrown in yards. She believes it is the City's responsibility to decide which are appropriate items to be picked up and to help make decisions on recycling issues. Councilmember Black said that programs to recycle plastic bags are not offered curbside. She is only aware of recycling by grocery stores due to the volume. She said that the shredded paper will be picked up if it is in a paper bag. She agreed it is unacceptable to throw nonrecyclables in the yard. Haulers typically leave the items in the recycling container as a means of educating the residents. Director Moore said that staff is proposing to negotiate a one-year extension of the existing contract. The existing contractor has been purchased by another national firm and it is unsure if they will be in the market for more than one year. BFI is considering entering the market. He said that Waste Management is the only company that allows residents to co -mingle their recyclables. Director Moore said that 1999 will be the last year of the Hennepin County funding for recycling. It is unknown if funding will continue beyond that time. He believes that several of these issues will be resolved within the next year and that it is to the City's advantage to negotiate a one-year extension to the existing contract at this time. Councilmember Spigner said that the City's recycling education program is excellent, but could be improved by distributing tags with nonrecyclables. She said that many people are shredding items and need to understand why they cannot dispose of this item in plastic bags. Adopted City Council Minutes May 6, 1998 Page 16 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to authorize staff to negotiate a one-year extension of the City's recycling contract with Waste Management. Councilmember Black recommended that the Council support the motion. She said that this will provide stability of the recycling program and the service problems should be addressed by staff. Motion carried, six ayes. Item 8-G (6-1) Aggressive Skate Park Bid Councilmember Johnson said that the Council was previously notified that skate park equipment was available from True Ride, but it needed to be acted on or the opportunity would be lost. At the same time, a private skate park opened in the community. She is hesitant about putting public dollars into a skatepark when there is a private company attempting to start the same business. She feels there is no longer an urgent need to move forward. Councilmember Johnson said that the City would supply the land and surface with concrete at an increased cost. Based on the bids received, a decision would be made to either contract the operation or have it run by the City. She said the costs will be significant, and she would like to know if the private skate park is meeting the current needs in the community. She questioned how many days the park could operate in the summer and believes that traffic and parking will be worsened at the recreational facility. She would like to table the issue to have more information available on the operating bids. Councilmember Wold said the skatepark needs in Plymouth have been studied for 1 %2 years. A significant need for a skate park has been identified, and he believes that an outdoor facility is justified. He said that the need has been established and the project should move forward. Councilmember Johnson said she is not trying to stop the project, but wants to take a closer look. The Council has granted approvals to allow a private company to open in the community, and she wants to ensure that it will operate well. She said that a consortium of cities were working on skateparks. Plymouth has one skatepark and other cities do not have any. She believes the project should be slowed down. Councilmember Bildsoe supported tabling the issue for two weeks. In the interim, the status of the private skate park success could be determined. He said there are two issues involved -- a skatepark and increased parking at the recreational facilities. He said that if the skatepark is tabled, the parking needs to be adopted. Adopted City Council Minutes May 6, 1998 Page 17 Councilmember Black said that she could support tabling the skatepark, but not the parking lot. Councilmember Johnson suggested that the skatepark issue be tabled for two weeks and that the asphalt and concrete portions of the parking lot could be considered separately. Mayor Tierney suggested that the issue be added to the study session next week. She has considered whether a skatepark would compliment the private enterprise or whether it would create competition. Park Director Blank said the bids for operation of the skate park will be opened next week. The item could be tabled for two weeks. Councilmember Bildsoe asked about the parking expansion contract. Director Moore said the parking lot expansion specifications were set up as Lot A and Lot B. The Council could award the asphalt lot tonight and table the concrete lot for two weeks. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to postpone action to May 20 and to add the issue to the May 13 study session. Motion carried: five ayes; Wold nay. Item 8-H (6-M) Award Bid for Parking Lot Expansion at Ice Center Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-297 AWARDING BID, PLYMOUTH ICE CENTER/LIFETIME FITNESS PARKING LOTS, CITY PROJECT NO. 8012, awarding the asphalt portion of the project and postponing the concrete portion of the project. Motion carried, six ayes. Item 8-I (6-W) Outlet for Mooney Lake Councilmember Black requested that an additional item be added to the proposed study for Mooney Lake to consider alternatives to a pump system. Public Works Director Moore said that Mooney Lake is considered landlocked and a pump will likely be required. He said that an alternative would be available if there was an area for a tremendous amount of water storage; however, the area is entirely developed. A gravity outlet is not possible. He said that the pumping would occur at off-peak times and not during periods of rain, similar to Parkers Lake. Adopted City Council Minutes May 6, 1998 Page 18 Councilmember Black said she would like the feasibility report to discuss why there is not an alternative to a pumped outlet. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-298 PETITION MINNEHAHA CREEK WATERSHED DISTRICT TO PREPARE FEASIBILITY STUDY FOR MOONEY LAKE OUTLET. Motion to amend was made by Councilmember Black, seconded by Councilmember Spigner, that the report include a discussion of alternatives or why other options are not available to establish an outlet to this lake. Motion to amend carried, six ayes. Main motion as amended carried, six ayes. Item 9-B Fire Department Recruitment Efforts Councilmember Bildsoe said that Honeywell Corporation has offered to provide some trained firefighters for fire response in the City. He thanked Honeywell Corporation for this offer, and the Fire Department for their recruitment efforts. He requested that Fire Chief Kline provide a report on the status of the duty crew program. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the staff report on Fire Department recruitment efforts. Motion carried, six ayes. Item 9-C Mowing Along County Roads Councilmember Black said a resident near Rockford Road has indicated the roadside is in an unkept condition. She has requested that staff draft a resolution to encourage the county to care for county right-of-way, particularly since county roads are heavily traveled in the City. These are major routes into the City and leave an impression on the City. Councilmember Johnson said that residents are cited for not complying with the City's weed ordinance. She believes that the county should equally comply with the ordinance. Manager Johnson said the City Attorney has indicated that it is not legally possible to have our ordinance apply to a right-of-way situation because there is no underlying ownership of the right-of-way. Attorney Knutson said that under state statute, the City cannot assess right-of- way. If the City mows it, the cost cannot be recovered. Adopted City Council Minutes May 6, 1998 Page 19 Councilmember Johnson said that she has also received concerns about fences falling down along County Road 9. Director Hurlburt said that the fences are on the homeowner association property and general maintenance requirements would apply. The City can notify the owners if corrections are needed. Councilmember Black said she is hesitant to make homeowners comply with issues when the county does not comply. Councilmember Spigner said the City needs to discuss the issue with the county to get compliance. Public Works Director Moore said the county staff has indicated that the adopted county policy is that they mow twice per year for one strip on county right-of-ways. If there is a sight distance problem at an intersection, it will be mowed more often. The County Commissioners would need to amend the mowing policy if a change is to be made. Councilmember Johnson asked why mowing is done only twice per year. Director Moore said this is a county -wide policy resulting from financial limitations established by the budget. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-299 REQUESTING HENNEPIN COUNTY TO PROVIDE ADDITIONAL MOWING ALONG COUNTY ROADS, and to direct staff to arrange a meeting with commissioners representing Plymouth at the earliest possible date. Motion carried, six ayes. Item 9-D Ferndale Road Project Councilmember Bildsoe reported that more than 100 residents attended the neighborhood meeting to discuss the proposed Ferndale Road project. He believes that the issue should be placed on the June 3 agenda for action. He would like the City to determine which improvement option to recommend so that the issue can be resolved. Councilmember Bildsoe directed staff to place the proposed Ferndale Road project on the June 3 agenda. Adopted City Council Minutes May 6, 1998 Page 20 Councilmember Johnson said that she believes the Council should attempt to meet with the Orono City Council prior to June 3. Councilmember Black commented Public Works Director Moore for his handling of the meeting. She noted that the comments from the Orono Mayor at the meeting were negative. Councilmember Wold said that he cannot be present on June 3, but favors the motion because it needs to move forward. He said the Council needs to meet with the Orono Council to discuss the issue. Mayor Tierney said she has met with the Orono Mayor. She said the Orono Council voted on the preferred plan for the project prior to the completion of road design by the engineers. Orono feels that they have made their decision, and if Orono will not meet with the Plymouth Council, then she believes the City of Plymouth should move forward. Councilmember Bildsoe said that whether the Orono Council will meet with the Plymouth City Council is secondary. He believes that the priority is that the City must address the roadway for the Plymouth residents in the area. City Manager Johnson said that a letter was sent to the Orono City Council requesting a joint meeting and no written response was received. However, he received a phone call from their City Administrator that their Council did not wish to meet until at least after the neighborhood information meeting. Councilmember Wold agreed that the issue should be resolved as quickly as possible, but stated that when the City deals with multi jurisdictional issues, the Council needs to meet with the affected Council. He would like an opportunity to understand their concerns and have an opportunity to present Plymouth's concerns. He said that the differences may not be great and requested that the staff renew efforts for a joint meeting. Councilmember Bildsoe said that the Plymouth Council has not yet discussed this issue. The Orono Council has taken a position, and the Plymouth Council needs to discuss it. Councilmember Black said that she was personally disappointed because her impression was that the Orono Mayor was saying that the project will be done their way or not at all. She said that the Plymouth Council needs to discuss this and make a decision. Adopted City Council Minutes May 6, 1998 Page 21 Mayor Tierney explained that the Orono Mayor said that they have made their decision and they will stand by their decision. If Plymouth tries to do anything else, then the project will not go through. Councilmember Spigner directed staff to place the issue on the June 3 agenda and to attempt to schedule a meeting with the Orono Council. Item 9-E Environmental Trust Fund Ballot Question Councilmember Black announced that the Environmental Trust Fund issue will be the first state constitutional amendment question on the November ballot. She thanked the Council for support of the issue and encouraged voters to support it. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adjourn the meeting at 9:50 p.m. Motion carried, six ayes. Laurie Ahrens City Clerk