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