Loading...
HomeMy WebLinkAboutCity Council Minutes 01-22-1997MINUTES REGULAR COUNCIL MEETING JANUARY 22, 1997 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 January 22, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson, Preus, Spigner, Black, and Bildsoe. ABSENT: None. 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 Deputy City Clerk Hoffinan. Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Oath of Office - Police Officer Public Safety Director Gerdes introduced Officer Kim Norris, a new member of the Plymouth Police Force. Deputy Clerk Hoffman administered the oath of office to Officer Norris. Item 5 Approve Agenda Councilmember Black requested addition of Item 9-A to discuss the City's fertilizer sale. Mayor Tierney requested addition of Item 9-B and Item 9-C to discuss items in the January 10, 1997 Council Information Memo. Councilmember Preus requested addition of Item 9-D to discuss a news article in the Sun Sailor about the Pro -Plymouth Pledge. Councilmember Bildsoe requested the addition of Item 9-E to discuss the cost of licensing alcohol and tobacco sales in Plymouth versus other cities. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the agenda as amended. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-A, 6-D, 6-G, and 6-I were removed from the consent agenda. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt the Consent Agenda as amended. Motion carried, seven ayes. Item 6-11 Approve Disbursements Regular Council Meeting January 22, 1997 Page 2 MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-46 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 10, 1997. Motion carried, seven ayes. Item 6-C Approve Intoxicating Liquor Licenses and Wine Licenses MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-73 APPROVAL OF ON -SALE AND SUNDAY INTOXICATING LIQUOR, OFF -SALE INTOXICATING LIQUOR, AND WINE LICENSES. Motion carried, seven ayes. Item 6-E Approve Lawful Gambling Exemptions MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-47 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH CREEK ELEMENTARY PTA AND FOR PILGRIM LANE ELEMENTARY PTO. Motion carried, seven ayes. Item 6-F Approve Issuance of Multi -Family Housing Revenue Bonds for At the Lake Apartments MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-48 A RESOLUTION OF THE CITY OF PLYMOUTH, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS AT THE LAKE APARTMENTS PROJECT) SERIES 1997A, AND ITS SUBORDINATE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (AT THE LAKE APARTMENT) SERIES 1997B, TOGETHER IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED 7,685,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; APPROVING FORMS OF FINAL OFFICIAL STATEMENTS AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS. Motion carried, seven ayes. Item 6-H Appointment to City Center Subcommittee MOTION was made by Councilmember Preus, seconded by Councilmember Black, to appoint Councilmember Saundra Spigner as a member of the City Center subcommittee. Motion carried, seven ayes. Item 64 Bond Counsel Services Regular Council Meeting January 22, 1997 Page 3 MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-49 AUTHORIZING THE FINANCE DIRECTOR TO SOLICIT "REQUEST FOR PROPOSALS" FOR BOND COUNSEL SERVICES. Motion carried, seven ayes. Item 6-K Plymouth Economic Development Fund Guidelines MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-50 FINAL APPROVAL OF PLYMOUTH ECONOMIC DEVELOPMENT FUND GUIDELINES. Motion carried, seven ayes. Item 6-L Vacation of Drainage and Utility Easements, Outlot A, Plymouth Oaks Addition MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-51 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A DRAINAGE AND UTILITY EASEMENT, ALSO FOR PONDING PURPOSES, OUTLOT A, PLYMOUTH OAKS ADDITION. Motion carried, seven ayes. Item 6-M Vacation of Drainage Easement for Ponding Purposes, Outlot A, Carlson Center 12th Addition MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-52 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE EASEMENT FOR PONDING PURPOSES, OUTLOT A, CARLSON CENTER 12TH ADDITION. Motion carried, seven ayes. Item 6-N Payment Number 6 and Final, 26th Avenue Improvements, City Project No. 601 MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-53 REQUEST FOR PAYMENT NO. 6 AND FINAL, 26TH AVENUE IMPROVEMENTS, CITY PROJECT NO. 601. Motion carried, seven ayes. Item 6-0 Reductions in Required Financial Guarantees MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-54 REDUCING REQUIRED FINANCIAL GUARANTEE, SUNSET VALLEY HOMES ADDITION 87022). Motion carried, seven ayes. MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-55 REDUCING DEVELOPMENT BOND, SUGAR HILLS 2ND ADDITION (93084). Motion carried, seven ayes. Regular Council Meeting January 22, 1997 Page 4 MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-56 REDUCING DEVELOPMENT BOND, SUGAR HILLS 3RD ADDITION (94044). Motion carried, seven ayes. Item 6-P Terminate the West Hennepin Human Services Board MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-57 TERMINATING THE WEST HENNEPIN HUMAN SERVICES PLANNING BOARD (SUBURBAN ALLIANCE). Motion carried, seven ayes. Item 6-Q 1997 Street Trimming Project MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-58 APPROVING 1997 STREET TREE TRIMMING CONTRACT. Motion carried, seven ayes. Item 6-R Playstructure Replacement Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-59 PLAYSTRUCTURE REPLACEMENT. Motion carried, seven ayes. Item 6-S Revisions to the City's Personnel Policy MOTION was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-60 APPROVING REVISIONS TO THE PERSONNEL POLICY. Motion carried, seven ayes. Item 7-A Vacation of "East Street" in Parkers Lake Gardens Addition, now Minneapolis Industrial Park 5th Addition Public Works Director Moore explained the vacation of the parcel comes as a part of the Home Depot development. He said an old city street was discovered in the County Recorders office, with no earlier record of vacation by the City. The vacation is an effort to clear up County records to reflect the realignment of the present street. Mayor Tierney opened the public hearing at 7:15. No one spoke, and the public hearing was closed. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt RESOLUTION 97-61 AUTHORIZING THE VACATION OF PART OF EAST STREET RIGHT-OF-WAY IN PARKERS LAKE GARDENS NOW CONTAINED IN MINNEAPOLIS INDUSTRIAL PARK 5TH ADDITION. Motion carried, seven ayes. Item 7-B Vacation of Trail Easement in Word of Life Addition and Park Woods Townhomes Addition Regular Council Meeting January 22, 1997 Page 5 Public Works Director Moore said the two trail easements to be vacated come from different development situations. One is part of a trail system authorized during residential development in 1996. It was removed but never vacated, because a new trail was put in along Magnolia Lane. The other trail easement comes from an error in the legal description during platting for townhome sites. He said valid easements do exist where the trail has been constructed. Mayor Tierney opened the public hearing at 7:18. No one spoke, and the hearing was closed. MOTION was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-62 AUTHORIZING THE VACATION OF A TRAIL EASEMENT IN PARK WOODS TOWNHOMES ADDITION, DOCUMENT NO. 2689754. Motion carried, seven ayes. MOTION was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-63 AUTHORIZING THE VACATION OF A TRAIL EASEMENT IN WORD OF LIFE ADDITION, DOCUMENT NO. 1618219. Motion carried, seven ayes. MOTION was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-64 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN DEEDS RELEASING EASEMENTS WITHIN WORD OF LIFE ADDITION AND PARKWOODS TOWNHOMES ADDITION. Motion carried, seven ayes. Item 8 -aa (6-G) Sale of City Center Land to Mann Theaters MOTION was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 97-65 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY OF PLYMOUTH AND MANN THEATERS. Councilmember Wold praised work of the City Center Subcommittee, and the efforts of past councilmembers Anderson, Granath and especially Councilmember Lymangood. Community Development Director Hurlburt outlined the history of the property development and its place in the history of trying to develop a core commercial center for the City. She said new zoning puts into place the plans from the City Center Sub -committee, with commercial development of the corner of Vicksburg and Highway 55 as a keystone to the area. She said the theater development should spark interest for other developments. She Regular Council Meeting January 22, 1997 Page 6 said work would begin immediately with representatives from the Mann Theater group, with the hope that the theater complex could open by next fall. Mayor Tierney noted the special role the parcel continues to play in development of a unique civic activity area for the City. Councilmember Preus thanked staff for working with the developers. He said he looked forward to working with developers to promote the area to the benefit of the City as a whole. Councilmember Johnson thanked development groups who allowed questions from the new councilmembers and offered complete, useful answers. Motion carried, seven ayes. Item 8-A Sprint Spectrum, L.P. Site Plan Amendment and Conditional Use Permit for construction of a Telecommunications Tower and related ground phone equipment Community Development Director Hurlburt explained the project to construct a tower for personal communications services. She said the Federal Communications Commission had pre-empted consideration of health hazards as factors in granting the permit for construction. She said aesthetic considerations are addressed in construction guidelines to help minimize the visual impact. Homes are far enough away from the site to keep property value considerations from being a concern. She stated that several locations were analyzed in an effort to make sure this would be the best site to locate such a tower. Future water tower sites were considered as well as an industrial area at Fernbrook Lane and Schmidt Lake Road. She said the conclusion came that this is the best site for continued coverage of the personal communication services. Councilmember Bildsoe asked if the City is required to help provide the best service possible. Community Development Director Hurlburt said the City is not allowed to develop legislation to prevent such service in the community. She said that technically it is not like other sorts of service and that it actually needs full coverage in order to provide any service. Eugene Sigal, Sprint Spectrum L.P., 2900 Lone Oak Parkway, Eagan, identified himself as an RF Design Engineer for Sprint. He explained the minimum acceptable guidelines for service, and how field measurements done by tower placement provide models that conformed to the guidelines. He said coverage is not as good as they would like in because of Regular Council Meeting January 22, 1997 Page 7 topographic complications such as hills. He said the result is that the proposed site is the best they can get. Mayor Tierney asked if conditions are not the ideal whether coverage can be guaranteed. Mr. Sigal stated that it would provide coverage along I494, and if coverage is not adequate, the tower site will be moved. He said the service requires higher signal levels unlike cellular service, because the goal is for this personal communication service to be used from inside buildings, which is not possible with cellular equipment. The tower height and placement will overcome those topographic problems that would limit services. Councilmember Bildsoe asked if other providers will be coming in on the same sites. Community Development Director Hurlburt said that other providers will have different technical system design and a different situation to deal with. She stated that other providers may be required to use the Sprint tower if necessary. Councilmember Wold asked about the ground clearance space for the tower and whether it is necessary to be as great as the City requires. Community Development Director Hurlburt said a clear zone is required for a buffer in the event of a tower collapse. City Manager Johnson said safety factors vary depending on the tower constructed. Councilmember Johnson asked about liability concerns in the area when homes are developed. Community Development Director Hurlburt said if homesites are proposed, city guidelines will need to be met. Councilmember Black asked about the possibility of residential zoning in the area. Community Development Director Hurlburt stated that the area is presently outside the MUSA, and is zoned as a rural use area, so it is unlikely to be developed as anything other than residential. Gary Gandrud, 2000 Norwest Center, Minneapolis, introduced himself as Zoning Counsel for Sprint. He explained the technology and history of the development of Personal Communications Service marketing. He said he agreed with the conclusions and stipulations placed on Sprint by the City. He said City staff has thoroughly analyzed the various locations and options. He estimated development of the initial service area is well more than 50% complete. He said the second phase of development will extend outside the metro area. Dave Hagen, 10715 39th Avenue North, representing Sprint, stated the Sprint -initial launch will cover all of Plymouth, but not much beyond. He said close follow-up of two or three rings of service beyond Plymouth will be developed. Full coverage of the Minneapolis and St. Paul area should be complete by mid-March. Regular Council Meeting January 22, 1997 Page 8 MOTION was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 97-66 APPROVING CONDITIONAL USE PERMITS AND SITE PLAN AMENDMENT TO ALLOW INSTALLATION OF A MONOPOLE TOWER, PCS ANTENNAS, AND RELATED GROUND EQUIPMENT FOR WIRELESS COMMUNICATION SERVICES AT HAMPTON HILLS GOLF CLUB, 5313 JUNEAU LANE NORTH (96160). Motion carried, seven ayes. Item 8-B The Rottlund Company, Inc. PUD Concept Plan and Land Use Guide Plan Amendment for the Village at Bassett Creek Community Development Director Hurlburt presented the staff recommendation to review an amendment of the Land Use Guide Plan from Commercial Office to Residential Living Level 3. She said the Rottlund Company has submitted a proposal for 148 single family attached & detached homes as well as senior apartment housing. She said the proposal is still just a sketch plan. Following adoption of the resolution, the proposal would then go to the Metropolitan Council for review. Developers would then return to the City with a more detailed plan. HUD approval would be required for the senior housing element, which would be owned and operated by Common Bond. She said that this development would help the City meet the Metropolitan Council's Livable Communities guidelines. She said housing development tax increment financing would also be available for the site. She recommended approval of the proposed zoning change review. Mayor Tierney asked about doing an environmental action worksheet for the site. Community Development Director Hurlburt stated there was not one planned. She said the site has extremely poor soils and there may be some funding available to help offset the ground improvement costs. Councilmember Preus asked about potential noise problems with the proximity of commercial property. He asked if there might be a more appropriate site in northwest Plymouth. Community Development Director Hurlburt said the area is a transitional one. At this point they don't anticipate large noise problems because Bassett Creek and nearby wetlands will act as buffers. She said noise from Highway 55 might be a problem. She said they expect to resolve that issue by placement of a frontage road and by reserving part of the site for commercial use. She said senior housing developments need to be close to such amenities as grocery shopping and public transit. No sites in northwest Plymouth meet HUD criteria for placement and access to transit. Regular Council Meeting January 22, 1997 Page 9 Community Development Director Hurlburt said this plan is an opportunity to get a little more density in housing. She addressed concerns about residential encroachment on the commercial area. She said there is a larger supply of commercial land at this time. The senior housing component of the plan is the factor with the greatest weight. She said with it, there is a likelihood of community development funding. She said there is very little housing available at the kind of pricing planned for the homes. Manager Johnson said the Council needs to distinguish between the kinds of commercial space. He said the kind of space in this area would be for office, not retail, only an accessory type space. He said senior housing would be successful, like Plymouth Towne Square, but at a fraction of the cost to the city. Councilmember Black expressed concern that as much as possible be done to preserve the Bassett Creek watershed. She said she didn't want to see houses with wet basements, and recommended appropriate steps for home buyer protection. Community Development Director Hurlburt said the next step would include dealing with wetland mitigation issues. She said developers planned to use slab foundations in the residential housing. Mayor Tierney said it was important to weigh housing versus commercial office needs. She said it is a big concern to create affordable senior housing, Commercial sites may be used as transit connectors. She suggested that creative site designing will help make the transition successful and appropriate. Councilmember Spigner stated she was concerned about tax increment money that might be used and that would hold the City responsible for noise from Waterford Park stores, where the Rainbow Foods store operates 24 hours. She said there may be noise around the clock. Community Development Director Hurlburt said that if tax increment money is used, City liability will be a topic. She said that in putting together the site plan, those potential noise issues can be addressed. Councilmember Preus asked if City involvement through the use of tax increment financing would change the liability for the City. Attorney Knutson did not believe so. Attorney Knutson said use of TIF money would give the City the opportunity to have a greater say in the design features or in the development requirements. Attorney Knutson said those elements can be tied to approval of the use of TIF money. Councilmember Bildsoe asked if any complaints about noise from Waterford Park had come from townhomes to the north of the shopping complex or with the existing industrial area to the east. Community Development Director Hurlburt said some complaints came when residents moved in, but Regular Council Meeting January 22, 1997 Page 10 the complaints were visual in nature. She said a wide wetland buffer will ease congestion. Richard Palmiter, 4916 Kingsdale Drive, representing Rottlund Homes commended City staff. He explained the Rottlund sketch of the project. He said leaving a commercial buffer made sense for the plan. He stated that the senior housing element is the only site to receive a HUD grant this year in the Twin Cities. He said soil studies and traffic studies have already been done, and soil correction is a major concern. He said they will have to remove the existing soil, and replace it with better soil. Douglas Mayo, 328 West Kellogg Boulevard, St. Paul said he represents Common Bond Communities, which will handle the senior housing. He said they are in the preliminary stages without fully developed plans. He said they are proposing a multi -story building, with elevator, and 45 single bedroom units for senior residents who meet income requirements. Robert Maddaus, 1028 Trenton Circle North expressed concern about density in area. He said the traffic problems created by the addition of 200 or so families will make impact. He said he would rather see commercial development. Nancy Katowski, 1112 Trenton Circle North, said she was concerned about increased traffic and congestion in such a small area, and about the impact the watershed and on wildlife that might be displaced. She said she would like to see a scaled down number of units in the development. Marshall Rappaport, 1044 Trenton Circle North, stated that he represents the Trenton Ponds Homeowners Association. He asked for an environmental impact study on the area. Community Development Director Hurlburt said that there will be a mixture of population densities in the area, and that the Rottlund proposal is within the Land Use Guide limits. She said the traffic anticipated is also within guidelines. She said traffic would be heavier in a commercial development. She said watershed questions will be reviewed in the next stage of the development, under the City's wetland protection ordinance. She said more stringent environmental work will have to be provided, something other developers never had to do in the area. Landscape plans will have to be reviewed as well. She said clearing of the area will be necessary to build up the soil, and reforestation will be required under the City's tree ordinance. She said the site is not within the areas required for review under the Open Space preservation priorities. She said they will have to assess what wildlife has adapted to living in the setting as developed. She expected some displacement to occur, but said that is a hazard of development. She said the site is not at the threshold for requiring an environmental action worksheet. Regular Council Meeting January 22, 1997 Page 11 She said with all the other permitting required for the development, she didn't believe an EAW will be necessary. Councilmember Preus asked whether a road would separate residential development of the site from commercial development. Community Development Director Hurlburt said the westerly drive would run down along the south side of the parcel to connect with a frontage road. She said that will be a major feeder out of the parcel, while to the west of the site will be South Shore Drive. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-67 AUTHORIZING SUBMISSION OF AN AMENDMENT TO THE LAND USE GUIDE PLAN TO THE METROPOLITAN COUNCIL FOR THE ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE (96140). Mr. Rappaport asked about requesting an environmental assessment worksheet for the parcel. Attorney Knutson said a request accompanied by 25 resident signatures could prompt a study. Councilmember Black stated that she found from working professionally with environmental assessment worksheets and environmental impact studies, no new issues would be found that have not already been discussed by the Council and Planning Commission. She said the City has the ability to request more provisions and greater restrictions later, if needed. Motion carried, seven ayes. Item 8-C Noise Wall Plan for Ameridata Planning Supervisor Senness explained the history of loading dock noise at the Ameridata site and the options explored by all parties. She presented the noise wall construction as the best option, and offered a further breakdown of the costs expected. She said the visual impact of such a wall would be softened by the natural growth of plants. She outlined the Ameridata site development and expansion, and the use of tax increment funds in the development. She said the situation can't be replicated elsewhere in the city. She said questions about using City funds for the wall construction brought about the idea of a percentage contribution by all parties rather than dollar figures, resulting in a plan for a 33 % contribution by each party. She said overall, funding is still short, but discussions are moving in the right direction. She said the actual design of the wall will bring a more precise costing out of the plan. Regular Council Meeting January 22, 1997 Page 12 Councilmember Spigner stated she was concerned about the whole project. She asked if City tax increment funding is involved whether or not the City is liable. Planning Supervisor Senness stated that the tax increment money involvement does not mean an obligation on the City's part, but this element does make the situation unique. Councilmember Spigner said another industrial building across from Ameridata was situated with homes in a similar position. She said in this case the loading docks face away from the homes. She asked if the City will have to extend the wall so none of the homes will be in view of those buildings. Planning Supervisor Senness said she was not aware of any complaints in other settings. She said the other building has berms, and a street separating it from the residential area. Councilmember Spigner asked what impact had been accomplished with the blocking of the Ameridata driveway. Planning Supervisor Senness said the chain goes up from 10 p.m. until 7:30 a.m., but that offers only a temporary solution overnight. Councilmember Preus expressed uncertainty whether enough agreement exists on funding by all parties for the Council to take action. Planning Supervisor Senness said only looking at a design on the site would give a better picture of what the cost would be. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to table a decision until a more precise agreement and cost estimate could be available. Councilmember Black raised a point of order and asked if a move to table means no further discussion. Councilmember Wold stated that would not apply here if a specific point of time or a date is given. Attorney Knutson stated that the motion to table could merely mean to postpone until a certain time or after certain events occur. Councilmember Black said a vote on the resolution will give a clear directive from the Council to City staff to resolve the issue. Councilmember Wold said the Council has something on the table to work with, and he would like to vote on it now. Councilmember Spigner said $30,000 is a lot of money to invest in a wall if the business affected is not also willing to make a commitment. She said she would rather give it more consideration, rather than have the issue come back to the Council because Ameridata chooses not to participate in the plan. Regular Council Meeting January 22, 1997 Page 13 Councilmember Johnson said she believes at this point the Council owes it to residents to pursue this plan, and for the Council to take the first step as a group. Manager Johnson stated that staff would not commit to the project until all parties agreed, but no one has been able to go on record to state what they would do. He said this move by the Council is a step for one party to do that. Councilmember Preus said he doesn't feel the Council can take action without a firm position from all parties, and until they know what the real costs will be. Motion failed, Bildsoe, Preus, Spigner, aye; Wold, Johnson, Black, and Tierney, nay. MOTION was made by Councilmember Black, seconded by Councilmember Wold, to adopt RESOLUTION 97-68 APPROVING CITY FINANCIAL PARTICIPATION IN CONSTRUCTION OF A NOISE WALL ON THE AMERIDATA SITE LOCATED AT 10200 51ST AVENUE N. Jim Steilen, 3300 Piper Tower, Minneapolis, representing Ameridata and General Electric, recommended the Council pass the motion and see what can be done financially. For his part, he said he is presenting to his company the question of whether to spend additional construction costs or spend money on additional attorney fees. Louis Oberhauser, attorney representing the property owners, recommended adoption of the resolution to move forward with two parties in favor, and continue to work toward an agreement with the third party. Councilmember Wold called the resolution on the table an improvement over the last report on the issue. He said the one third contribution with a 30,000 cap makes more sense to protect taxpayers. Councilmember Preus said he believed the City's share should be less than a third, because the City has no obligation in the issue, and full participation from all parties should be obtained before moving on. Jim Olsen, 10380 51st Place North, cited violations of noise and nuisance ordinances, and said the City needs to enforce them. He said the City is under some obligation to enforce those ordinances. He said the plan to build a wall is straightforward, and in talking with state officials, the cost should be within the anticipated range. He said if the wall is not built, the City should pass a more comprehensive noise ordinance, and enforce it. Regular Council Meeting January 22, 1997 Page 14 Motion was made by Mayor Tierney, seconded by Councihnember Bildsoe, to suspend the 10:00 p.m. rule until 10:30 p.m. Motion carried, seven ayes. Councilmember Bildsoe said he was concerned that problems might come out of this, in particular about a precedent being set. Attorney Knutson stated that no legal precedent is set. Councilmember Preus said the resolution gives the impression of a precedent being set, even though there may not be a legal issue. Councilmember Black said very little progress has been made to this point. This is the closest the Council has come to an agreement. She said if no action is taken, the issue will remain unresolved, with an added and unknown quantity in legal fees. She said a cap could be put on this issue, and then each situation will have to be looked at as it arises. Councilmember Bildsoe asked if residents are agreeing not to sue the City if the wall does not solve problem. Planning Supervisor Senness said the consulting engineer reported resulting sound levels would drop to within a range such that would not be grounds for a legal suit Councihnember Black said another aspect is the need for a stronger noise ordinance. She said a new noise ordinance could help in other situations and potentially stop other situations that might develop. Councilmember Spigner said if this resolution is passed, she would like some kind of time frame for a response from other parties, and resolution of the situation. Planning Supervisor Senness said they would be hard pressed to put a reasonable time limit on the issue. MOTION was made by Councilmember Black, seconded by Councilmember Wold, to amend the resolution adding the stipulation that the proposal come back to the Council by June 1, 1997, if the situation has not been resolved. Motion to amend carried, seven ayes. Main motion carried, five ayes; Councilmember Preus nay, Councilmember Spigner abstained. Item 8-D Policy Regarding Damage to Mailboxes MOTION was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-69 POLICY ON REPAIR OF REPLACEMENT OF MAILBOXES DAMAGED THROUGH REMOVAL OF ICE AND SNOW FROM CITY MAINTAINED STREET SYSTEM. Regular Council Meeting January 22, 1997 Page 15 Councilmember Preus asked what legal liability the City has if damage occurs to a mailbox in the right-of-way. Attorney Knutson stated that if a mailbox is in the right-of-way, there is no legal liability to the City, but the issue is more involved than that. Councilmember Preus asked if the mailboxes are worth more than $50, why not give the affected 'residents more than $50. Councilmember Preus asked for a clarification on an "indirect" hit versus a "direct" hit as phrased in the policy. Manager Johnson said that an "indirect" hit leaves more room for doubt about who is responsible. Councilmember Johnson stated she would lean toward paying regardless of a direct or an indirect hit on a mailbox, and avoid details. Motion carried, seven ayes. Item 8-E Council Goals and Objectives Meeting Date Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 97-70 ESTABLISHING FEBRUARY 18 AS A SPECIAL CITY COUNCIL MEETING TO DISCUSS GOALS AND OBJECTIVES, THE PRO -PLYMOUTH PLEDGE, AND A POSSIBLE VISIONING PROCESS FOR THE CITY OF PLYMOUTH. Motion carried, seven ayes. Motion was made by Mayor Tierney, seconded by Councilmember Johnson to suspend the 10:00 p.m. ruling to 10:45 p.m. Motion carried, seven ayes. Item 8-F (64) Establish Council Subcommittee on Business Relations Councilmember Bildsoe requested the formation of a subcommittee to study how the city government interact with businesses in Plymouth. He said the subcommittee would work with businesses to offer help in development and zoning issues, in licensing, and in other areas. He said participation in the TwinWest Chamber of Commerce is encouraged, but the Plymouth group would be more focused on business and issues pertaining to Plymouth. Councilmember Spigner agreed. MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-71 ESTABLISHING A BUSINESS RELATIONS SUBCOMMITTEE, comprised of Mayor Tierney, Councilmember Bildsoe, Councilmember Spigner, and Councilmember Preus. Councilmember Black said that the Environmental Quality Committee is also involved in a number of issues concerning the Plymouth business Regular Council Meeting January 22, 1997 Page 16 community. She said she would like to have that work go to this Business Relations subcommittee. Councilmember Bildsoe said this subc mmittee is a way to get feedback on issues such as the noise ordinance, and to discuss crime prevention. City Manager Johnson said that Assis nt Manager Lueckert would serve as the staff liaison, but other staff membe s would serve, as the subject dictates. Motion carried, seven ayes. Item 8-G (6-D) Approve Garbage Hauler Lic Councilmember Black stated that she application. She said that, while she reasons, she said Councilmembers cc haulers and what other requirements said the City should mount an educat constitutes responsible and irresponsi standpoint. s uncomfortable with this license d not address it in detail for legal study the requirements of licensed licensees might need to meet. She effort to inform the public what haulers from an environmental MOTION was made by Councilmember Black, seconded by CouncilmemberPreus, to adopt RESOLUTION 97-72 APPROVING GARBAGE HAULER LICENSE FOR SUPERIOR SERVICES-WRIGHT COUNTY. Motion carried, seven ayes. Item 8-H (6-A) Approve City Council Minutes Councilmember Spigner requested a correction in the minutes of the regular meeting of January 8. In item 9-A, the record should be corrected to read", Main motion carried, five ayes. Councilmember Johnson and Mayor Tierney, nay" on Page 12, paragraph 4. Councilmember Johnson requested deletion of the word "Mr." at the beginning of paragraph 4 on Page 9. MOTION was made by Councilmember Spigner, seconded by Councilmember Preus, to approve the minutes of the regular council meeting of January 8, 1997 as corrected, and the special council meeting of January 8, 1997. Motion carried, seven ayes. Item 9-A Environmental Quality Commission Fertilizer Sale Update Councilmember Black reported that the 1996 money raised from sales of phosphorus -free fertilizer was donated to the City's tree planting fund. The Environmental Quality Commission is planning another fertilizer sale in the spring of 1997, to be coordinated with the City's cleanup day. Regular Council Meeting January 22, 1997 Page 17 Item 9-B Metropolitan Legislative Commission Annual Dinner Mayor Tierney stated the January Metropolitan Legislative Commission annual dinner on January 29, is an important opportunity for councilmembers to meet with other metropolitan officials. She urged the Council to make plans to attend the dinner. Item 9-C Commendation of Staff Member Rick Busch Mayor Tierney said the January 10 Council Information Memo cited the appointment of Recreation Supervisor Rick Busch to the Minnesota All- American Slo-Pitch. She directed a letter to be written to Mr. Busch commending his efforts in promoting the sport. Item 9-D Sun Sailor Article Councilmember Preus said, in reporting on the Council's last meeting, the Sun Sailor may have misunderstood the Council's actions. He said it needs to be clarified that the Council did adopt the Pro -Plymouth Pledge, and agree to discuss its contents further. Item 9-E Study Intoxicating Liquor Licenses and Wine Licenses Fees Councilmember Bildsoe requested removal of Item 6-C from consent. He said he would like an explanation about the difference between on sale and off sale license fees and compare Plymouth's fee structure to other cities. He said he was also interested in how the City ranked with others in fees for tobacco licensing as well. Mayor Tierney directed staff to report back. MOTION was made by Councilmember Preus, seconded by Councilmember Wold, to adjourn the meeting at 10:42 P.M. )4otion carried, seven ayes. City Clerk