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