HomeMy WebLinkAboutCity Council Minutes 07-23-1997MINUTES
REGULAR COUNCIL MEETING
JULY 23,1997
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on July 23, 1997.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson, and Black.
ABSENT: Councilmembers Bildsoe, Preus, and Spigner.
STAFF PRESENT: Assistant City Manager Lueckert, Public Works Director Moore,
Community Development Director Hurlburt, Public Safety Director Gerdes, Finance
Director Hahn, City Attorney Knutson, and City Clerk Ahrens
Item 3 Plymouth Forum
No one spoke at the Forum.
Item 4-A Proclamation - National Night Out 1997
Mayor Tierney proclaimed August 5 as National Night Out in Plymouth.
Public Safety Education Specialist Sara Cwayna said that 80 neighborhood
events are planned for National Night Out. Forty neighborhoods have
scheduled food drives in conjunction with the events. Police, Fire,
Commission, and Council representatives will be involved in the celebration
throughout the City.
Item 5 Approve Agenda
Assistant Manager Lueckert recommended that Item 6-C be removed from the
agenda. She also requested the addition of Item 9-G -- consider special
meetings with the Maple Grove City Council and School District 284 Board.
Motion was made by Councilmember Wold, seconded by Councilmember
Johnson, to approve the agenda with the removal of Item 6-C and the addition
of Item 9-G. Motion carried, four ayes.
Item 6 Consent Agenda
Items 6-I and 6-M were removed from the Consent Agenda.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to approve the Consent Agenda as amended. Motion carried, four
ayes.
Regular Council Meeting
July 23, 1997
Page 2
Item 6-A Approve Disbursements
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-425 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING JULY 11, 1997.
Motion carried, four ayes.
Item 6-B Vacation of Utility Easement, Outlot A, Carlson Center 12th Addition
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-426 ORDERING PUBLIC
HEARING ON THE VACATION OF EASEMENT RIGHTS FOR
UTILITY PURPOSES OVER AND ACROSS THE POND EASEMENT
GRANTED TO THE CITY PURSUANT TO PARAGRAPH EIGHT OF
THAT CERTAIN DECLARATION OF EASEMENT AND REAL
COVENANTS DATED FEBRUARY 15,1994, CONTAINED WITHIN
OUTLOT A, CARLSON CENTER 12TH ADDITION. Motion carried, four
ayes.
Item 6-D Deer Management Program
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to authorize the deer management program for 1997 and early 1998.
Motion carried, four ayes.
Item 6-E Plymouth Apostolic Lutheran Church (97068)
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-427 APPROVING A SITE PLAN
AMENDMENT FOR PLYMOUTH APOSTOLIC LUTHERAN
CHURCH FOR PROPERTY LOCATED AT 11015 OLD COUNTY
ROAD 15 (97068). Motion carried, four ayes.
Item 6-F Buhler, Inc., Site Plan Amendment (97090)
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-428 APPROVING SITE PLAN
AMENDMENT FOR BUHLER, INC. FOR A BUILDING AND
PARKING LOT EXPANSION AT 1100 XENIUM LANE NORTH
97090). Motion carried, four ayes.
Regular Council Meeting
July 23, 1997
Page 3
Item 6-G American Portable Telecom (97045)
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-429 APPROVING CONDITIONAL
USE PERMIT AND SITE PLAN AMENDMENT TO ALLOW
INSTALLATION OF A 130 -FOOT MONOPOLE TOWER AND
RELATED GROUND EQUIPMENT FOR WIRELESS
COMMUNICATION SERVICES AT 3515 NORTH HIGHWAY 169
97045). Motion carried, four ayes.
Item 6-H Landmark Design and Build, Inc. (97065)
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-430 APPROVING A
CONDITIONAL USE PERMIT FOR LANDMARK DESIGN AND
BUILD, INC. FOR PROPERTY LOCATED AT 11310 36TH PLACE
NORTH (97065). Motion carried, four ayes.
Item 64 Livable Communities Demonstration Account Grant Application
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-431 AUTHORIZING THE CITY
MANGER TO SUBMIT AN APPLICATION TO THE
METROPOLITAN COUNCIL FOR A LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT GRANT FOR THE PROPOSED
VILLAGE AT BASSET CREEK DEVELOPMENT. Motion carried, four
ayes.
Item 6-K Amendment to City Code, Tobacco and Related Products
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt ORDINANCE 97-15 AMENDING THE PLYMOUTH
CITY CODE CONCERNING THE SALE AND PURCHASE OF
TOBACCO PRODUCTS. Motion carried, four ayes.
Item 6-L Addition of Item to Special Council Meeting
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to approve the addition of discussion of council procedures and
scheduling to the July 29, 1997 Special Council Meeting. Motion carried,
four ayes.
Regular Council Meeting
July 23, 1997
Page 4
Item 6-N Plymouth Support for Hennepin County Improvement Project
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-432 AUTHORIZE THE REPORT
FOR HENNEPIN COUNTY FOR THE IMPROVEMENT OF COUNTY
ROAD 101 FROM COUNTY ROAD 24 TO STATE HIGHWAY 55.
Motion carried, four ayes.
Item 6-O Change Order No. 3, 1995 Trail Improvements, City Project No. 4017
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-433 APPROVING CHANGE
ORDER NO. 3,1995 TRAIL IMPROVEMENTS, CITY PROJECT NO.
4017. Motion carried, four ayes.
Item 6-P Award Contract, Vicksburg Lane Street Reconstruction Project
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-434 AWARD CONTRACT,
VICKSBURG LANE STREET RECONSTRUCTION PROJECT, CITY
PROJECT NO. 7010. Motion carried, four ayes.
Item 6-Q Certificate of Exemption, Electro Mechanical Industries, Inc.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-435 AUTHORIZING THE
MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM
THE 1991 WETLAND ACT, ELECTROMECHANICAL
INDUSTRIES, INC., SOUTH OF 10'H AVE. AND EAST OF XENIUM
LANE, NE, SW SEC. 34, T118N, R22W. Motion carried, four ayes.
Item 6-11 Approval of State Contract for Radiological Response
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-436 AUTHORIZING RENEWAL
OF THE CONTRACT WITH THE STATE OF MINNESOTA FOR
THE FIRE DEPARTMENT TO PROVIDE RESPONSE SERVICES IN
THE EVENT OF RADIOLOGICAL INCIDENTS AT THE
MONTICELLO AND PRAIRIE ISLAND NUCLEAR FACILITIES
FOR FISCAL YEARS 1998 AND 1999. Motion carried, four ayes.
Item 7-A Off -Sale 3.2 Malt Liquor License for H.I. Enterprises, Inc.
Clerk Ahrens presented the staff report on the request of H.I. Enterprises, Inc.,
for an off -sale 3.2 malt liquor license at 189 Cheshire Lane.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Regular Council Meeting
July 23, 1997
Page 5
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-437 APPROVING OFF -SALE 3.2
LIQUOR LICENSE FOR H.I. ENTERPRISES, INC., D/B/A CARLSON
PARKWAY HOLIDAY STATIONSTORE #561. Motion carried, four
ayes.
Item 7-B-1 Vacation of Easement, Savannah Addition
Public Works Director Moore presented the staff report on the request for
vacation of drainage and utility easements in Lots 11 and 12, Block 1,
Savannah Addition.
Mayor Tierney opened the public hearing. No one appeared and the hearing
was closed.
Motion was made by Councilmember Wold, seconded by Councilmember
Black, to adopt RESOLUTION 97-438 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOTS 11
AND 12, BLOCK 1, SAVANNAH ADDITION, and RESOLUTION 97-
439 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF
RESOLUTION 97-438 VACATING DRAINAGE AND UTILITY
EASEMENTS WITHIN LOTS 11 AND 12, BLOCK 1, SAVANNAH
ADDITION. Motion carried, four ayes.
Item 7-B-2 Vacation of Easement in Willow Grove Office Park First Addition
Public Works Director Moore presented the staff report on the request for
vacation of drainage and utility easements in Willow Grove Office Park First
Addition.
Mayor Tierney opened the public hearing. No one appeared and the hearing
was closed.
Motion was made by Councilmember Black, seconded by Councilmember
Wold, to adopt RESOLUTION 97-440 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENTS, OUTLOT
D - WILLOW GROVE OFFICE PARK FIRST ADDITION, and
RESOLUTION 97-441 SETTING CONDITIONS TO BE MET PRIOR
TO FILING OF RESOLUTION NO. 97-440 VACATING A DRAINAGE
AND UTILITY EASEMENT WITHIN OUTLOT D, WILLOW GROVE
OFFICE PARK FIRST ADDITION. Motion carried, four ayes.
Regular Council Meeting
July 23, 1997
Page 6
Item 7-11-3 Vacation of part of West Medicine Lake Drive Right -of -Way
Public Works Director Moore presented the staff report on the request for
vacation of part of West Medicine Lake Drive street right-of-way adjacent to
Lot 22, Block 1, Elmhurst Gateway 2nd Addition.
Mayor Tierney opened the public hearing. No one appeared and the hearing
was closed.
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to adopt RESOLUTION 97-442 AUTHORIZING THE
VACATION OF PART OF WEST MEDICINE LAKE DRIVE STREET
RIGHT-OF-WAY, ELMHURST GATEWAY 2ND ADDITION. Motion
carried, four ayes.
Item 8-A Charis Homes, Inc. (96186)
Community Development Director Hurlburt presented the staff report on the
request of Charis Homes, Inc., for preliminary plat approval for Kingsview
Heights Fourth Addition for property located at 4265 Fernbrook Lane North.
She explained that one issue is unresolved. The applicant would like a
separate driveway to serve each site. The Planning Commission and staff
recommend that a shared driveway be used to serve the two lots to avoid
creating another access point onto Fernbrook Lane. It is city policy to limit
the number of access points onto major collector streets.
Mayor Tierney said that if the orientation of the home were turned, the
driveway would not have to go across the front of the property. However, the
home is under construction.
Director Hurlburt explained that the applicant applied for a building permit
prior to requesting subdivision of the lot.
John Hitchcock, 14320 42"d Avenue North, represented Charis Homes. He
said that he began working with City staff on the proposal in October 1996
and staff has always been aware of the intent to subdivide the parcel. He
learned two weeks prior to the Planning Commission meeting that the separate
driveways were a concern. At that time, the new home was about 75 percent
completed. He believes that two driveways would be preferable to a shared
driveway because the sanitary sewer, watermain, and storm sewer lines are in
the same location as the proposed shared driveway. He said that an abutting
property on Fernbrook Lane retained two driveway accesses, and there are
three curbcuts to Fernbrook Lane from this property and the adjacent property.
He said that no additional traffic burden would be created by the curbcut.
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July 23, 1997
Page 7
Anstolit Gonikman, 4265 Fernbrook Lane, resident of the new home,
requested that the separate driveway access be approved.
Councilmember Black noted that there would be the same amount of traffic
regardless of the number of curbcuts. She asked how safety would be
influenced if separate curbcuts were granted.
Public Works Director Moore responded that every intersection point with a
street creates an additional potential for accidents. Fernbrook Lane is a major
collector, and traffic will continue to increase. Traffic is projected at 8,000
vehicles per day by the year 2010. Director Moore explained that an existing
driveway was allowed to remain on the property to the south which has two
curbcuts because it was an existing lot of record -- not a subdivision process.
He said there would be no conflict with the utility lines intersecting at the
shared driveway location. An underground storm sewer will be constructed,
and there is no conflict with the driveway location. It is the owner's
responsibility to close the old curbcut, if the Council directs that the driveway
shall be shared.
Councilmember Johnson asked about the City's policy to limit access to
major collector streets and how a builder would be aware of the policy.
Director Hurlburt said the policy is in the Transportation Element of the City's
Comprehensive Plan. When an applicant meets with staff about the potential
subdivision of a property, they are informed of the requirements. She is
unsure when that information may have been conveyed in this situation. It
was not an issue for discussion until subdivision of the lot was requested. The
complete application was received May 22, 1997, and the Planning
Commission hearing was held on June 24.
Councilmember Johnson asked when construction of the new home began.
Mr. Hitchcock said that the existing home was demolished in March, and a
building permit for the new home was received at that time.
Mayor Tierney asked if Mr. Hitchcock's concern is with the cost or the
aesthetics of the shared driveway.
Mr. Hitchcock said that the curbcut would cost about $400-$500. This
amount would either be spent on a curbcut or a longer driveway to the shared
curbcut. He believes that a straight approach to the driveway would be
aesthetically preferable and safer in the winter. Separate driveways would
Regular Council Meeting
July 23, 1997
Page 8
also resolve the problems of maintenance responsibility between the
neighbors.
Public Works Director Moore said that one existing curbcut is proposed to
serve two properties. Two curbcuts exist on the adjacent southerly property,
and a curbcut is proposed for the home north of this property. He believes that
this number of curbcuts in a short distance is a safety concern, and that it
would be dangerous for vehicles to back from a straight driveway directly into
the street.
Mr. Hitchcock stated that a straight driveway would be safer because a larger
area would be available for turning around. He said the nearest intersection is.
42nd Avenue, which is 200 feet away from the property.
Councilmember Black asked if there are plans to extend Fernbrook Lane
northerly from the current dead-end.
Director Moore responded that the Transportation Plan anticipates that
Fernbrook Lane will be extended northerly to 47`' Avenue.
Director Hurlburt noted that this item requires four affirmative votes to pass.
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to adopt RESOLUTION 97-443 APPROVING PRELIMINARY
PLAT FOR CHARIS HOMES FOR PROPERTY LOCATED AT 4265
FERNBROOK LANE NORTH (96186).
Councilmember Johnson said that she has some concerns that the home was
under construction before the driveway was planned. She is not compelled to
approve a second curbcut on Fernbrook Lane.
Councilmember Black said that when Fernbrook Lane is extended to County
Road 47, it will become a major thoroughfare to the City Center area. Traffic
has increased on Fernbrook Lane since the connection to Schmidt Lake Road
and will continue to do so. She feels it is prudent to limit the number of
accesses to the road.
Mayor Tierney said that it does not appear that a shared driveway would be
negative for the properties. She asked for assurance that there will not be a
drainage water problem with the shared driveway.
Public Works Director Moore explained that the storm sewer is required to be
extended due to the subdivision request. He said there are periods of time
Regular Council Meeting
July 23, 1997
Page 9
when the storm sewers cannot handle the drainage water because they are not
designed to do so. However, he does not believe that an unsafe condition will
be created with a shared driveway.
Councilmember Black noted that the amount of storm water currently running
across the lot is greater than will exist after installation of the storm sewer.
Motion carried, four ayes.
Item 8-13 Gene and Nelli Sivriver, All Auto Fix (97057)
Community Development Director Hurlburt presented the staff report on the
application of Gene and Nelli Sivriver for a conditional use permit to operate
All Auto Fix, Inc., a minor automobile repair business, and an Interim Use
Permit for parking reduction for property located at 3435 Highway 169. The
neighboring landowner to the south stated at the Planning Commission
meeting that he has use of the 11 parking spaces located on the south side of
the applicant's building. Staff had previously concluded that the applicant has
use of the 11 parking spaces through an easement. The City Attorney has
reviewed the easement document and determined that the document entitles
the applicant to the exclusive right to use the north 30 feet of the neighboring
property to the south for parking purposes. This means that the applicant has
use of all 11 parking spaces. Director Hurlburt showed photographs of the site
and stated that a dumpster enclosure and signage would be added.
Attorney Marjorie Holston represented Scott Henderson, owner of the
building to the south. She expressed concern that allowing a reduction in the
parking for the applicant could impact the marketability of Mr. Henderson's
building to the south. For example, the Council may deny a future request by
Mr. Henderson due to inadequate parking.
Scott Henderson, 3431 North Highway 169, said he is concerned about the
rentability of his building to the south because his tenants have use of the
common parking space. When the building was constructed in 1972, a
restaurant was given use of the 11 parking spaces through an easement. He
expressed no concern about the proposed business, other than the concern that
it would monopolize the parking area. He does not believe that the easement
should be interpreted as exclusive for the northerly building on the site. Mr.
Henderson said that he would no longer have access to the eight parking
spaces abutting his building because motorists would have to cross the
easement area to get to his building to the south. He said that the original
owner indicated that the easement was meant to ensure a shared parking area,
and he believes that he should be able to enforce parking in that area and to
control the spaces.
Regular Council Meeting
July 23, 1997
Page 10
City Attorney Knutson said that the City Council does not create or abolish
property rights. The rights are unchanged by the Council's action on this
request.
Ms. Holston requested assurance that the 11 parking spaces are potentially
available to Mr. Henderson's building to the south.
Councilmember Black asked who established the easements.
City Attorney Knutson explained that the easement was created by the
property owners and the City had no involvement. The question before the
Council is not interpretation or enforcement of an easement document, but
rather whether the applicant meets the ordinance parking standards.
In response to a question by Councilmember Johnson, Mr. Henderson said
he purchased the property in 1972. The easement was granted in 1970 by
the previous owner. In granting a conditional use permit at the time, the
City also granted the use of the 11 parking spaces to the restaurant.
Community Development Director Hurlburt clarified that a conditional use
permit does not give anyone rights over another's property. The City can
consider the rights that exist and whether shared parking or parking on another
site satisfies the parking requirements.
Councilmember Johnson said that the issue of the easement is between the
property owners and is outside of the Council's domain.
City Attorney Knutson said the Council does not take away or grant property
rights. Mr. Henderson can ignore the City's interpretation of the easement
document. It is an issue between the property owners.
John Hedner, 5555 Zealand Avenue North, represented the Sivrivers'. He said
that sufficient parking was one of the concerns they had when considering
purchase of the property. The easement for parking was granted prior to the
purchase of property by either party. He believes that under real estate law,
Mr. Henderson has the right to cross the easement area to get to the seven
parking spaces abutting his building. Mr. Hedner said that the proposed use is
appropriate for the site and would benefit the neighborhood.
Nelli Sivriver, 840136 1h Avenue North, New Hope, said she is the applicant.
She explained the improvements planned for the building and requested
approval.
Regular Council Meeting
July 23, 1997
Page 11
Gene Sivriver said that he is not planning to create a parking problem for his
neighbor. His attorney has reached the same opinion as the City Attorney
regarding the exclusive use of the 11 parking spaces through the easement
document.
Councilmember Wold asked how many parking spots are typically used at the
Sivriver's previous facility in St. Louis Park.
Mr. Sivriver said that four to six vehicles in need of repair are parked at one
time.
Councilmember Johnson said that Condition 7 of the proposed resolution
indicates there shall be no outside storage of inoperable vehicles.
Mr. Sivriver said that this facility will do only minor vehicle repairs, such as
vehicles which do not pass the emission control test.
Community Development Director Hurlburt explained that the conditional use
permit is to allow minor auto repair. Vehicles will not be towed to the site
needing major work. There also is some parking inside the building for
vehicles awaiting repair.
Motion was made by Councilmember Black, seconded by Councilmember
Wold, to adopt RESOLUTION 97-444 APPROVING CONDITIONAL
USE PERMIT AND INTERIM USE PERMIT FOR NELLI SIVRIVER
FOR A MINOR REPAIR AUTOMOTIVE SERVICE GARAGE WITH
REDUCED PARKING, FOR PROPERTY LOCATED AT 3435
HIGHWAY 169 (97057).
Councilmember Black said that the Council clearly does not have jurisdiction
to deal with the easement issue, and she trusts the City Attorney's opinion that
the City is not impacting property rights. It is an issue between the
landowners.
Councilmember Wold said that he assumes that the Council would carefully
consider the spaces under question if Mr. Henderson applied for a conditional
use permit for the southerly building in the future.
Motion carried, four ayes.
Regular Council Meeting
July 23, 1997
Page 12
Item 8-C (6-I) Solicit Proposals for Comprehensive Plan Consulting Services
Councilmember Black said that a Council and/or Planning Commission could
review the proposals for Comprehensive Plan Update consulting services. She
would like an opportunity to review the Request for Proposals before it is
distributed. She requested that the draft be sent to Council members and
Planning Commissioners with a time certain for comments.
Motion was made by Councilmember Black, seconded by Councilmember
Wold, to adopt RESOLUTION 97-445 APPROVING ISSUANCE OF
REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR
THE COMPREHENSIVE PLAN UPDATE. Motion carried, four ayes.
Item 8-D (6-M) Handicapped Accessible Housing
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to direct staff to consider additional language in the City's Housing
Plan as part of the next update of the City's Comprehensive Plan to
specifically affirm the City's commitment to promoting special needs housing
that is accessible and affordable to City residents with disabilities.
Councilmember Johnson said that this will ensure that there is an emphasis on
affordable, handicapped accessible housing when developers present
proposals for Council consideration.
Motion carried, four ayes.
Item 9-A 1996 Audit Report
Finance Manager Jacobson introduced representatives of Deloitte and Touche,
the City's auditors.
Cliff Hoffman, Deloitte and Touche, summarized the audit report. He said the
City now has a fund balance to fund 40 percent of a year's expenditures. He
noted that the City's volunteer fire department saves the City about $2 million
a year. Mr. Hoffman discussed the importance of maintaining the AAA bond
rating. A city with a AAA rating is more likely to have higher property values
in the future than in a community which does not.
Mayor Tierney noted that intergovernmental revenues comprised 11 percent
of total revenues in 1995 and 1996. This percentage has increased to 14
percent.
Mr. Hoffman explained that the City budgets conservatively on license/permit
revenue and property tax delinquencies. If the revenues in those areas are
Regular Council Meeting
July 23, 1997
Page 13
larger, the percentage of intergovernmental revenues would be affected.
Finance Director Hahn added that the City's HACA aid has been consistent at
about $1.8 million for several years.
Assistant Manager Lueckert noted that the intergovernmental revenue
category also includes federal funds such as the Community Development
Block Grant program.
Mr. Hoffinan recommended that the Council study its sewer rates and
operations to cut operating losses in this fund via expense cuts and/or rate
increases.
Councilmember Wold directed staff to place discussion of the water and sewer
utility fund on the budget study session agenda. He also requested a report
from Public Works on the utility replacement cycle.
Kent Rademacher summarized the management letter. In response to a
question from Councilmember Wold, he said the City is doing an excellent
fiscal job. He believes tax dollars are spent wisely and conservatively.
Councilmember Johnson asked for the auditor's professional opinion on how
a requirement of a super -majority vote for a levy increase would impact the
City's AAA bond rating.
Mr. Hoffinan said that one of his concerns is that there is a tendency to make
fiscal mistakes when -times are bad. As an example, a Council in another
community considered transferring money from the water and sewer fund to
the general fund to pay for additional police officers when their general fund
was negatively impacted by tax abatements. He believes it is wise to adopt
City fiscal policies by ordinance. Then the Council can require a super -
majority vote to override those fiscal policies. He said that when times are
bad, it is easy for councils to make decisions to balance the current budget,
forgetting that if the city is not maintained, property values will fall. He said
that most cities today with high bond ratings are continuing to grow through
annexation. Mr. Hoffman said he would be very concerned if a super -majority
requirement resulted in a city council making decisions to balance the current
budget that could have negative long-term impacts on the community.
Item 9-11 Study Session on Enforcement Issues
Councilmember Black requested that this item be moved to an August
Council meeting when more Councilmembers are present.
Regular Council Meeting
July 23, 1997
Page 14
Item 9-C Comment regarding procedure on Stop Sign Installation
Councilmember Johnson said that the Council considered a stop sign
installation at a recent meeting. It was not a public hearing, but a gentleman
submitted a blue card to speak on the issue. He was allowed to speak, but
only after the vote was taken. Councilmember Johnson said that if residents
are allowed to speak on an issue, they should be allowed to do so before the
vote is taken. She requested that the Mayor indicate to the Council when blue
cards are submitted on an issue before the vote is taken. The Council can then
decide whether to allow speakers on the issue.
Item 9-1) Report on League of Minnesota Cities Conference
Councilmember Johnson reported on her attendance at the League of
Minnesota Cities Conference in St. Cloud.
Item 9-E Issues before Council Subcommittee on Public Safety
Councilmember Black noted that there was a recent newspaper article on cats
and their negative impact on the environment. She asked if the animal control
ordinance is being reviewed by the Public Safety Subcommittee.
Public Safety Director Gerdes responded that the City's animal ordinance is
being reviewed by the Subcommittee, and a recommendation will be made to
the City Council.
Councilmember Black said that residents living along trails have also
indicated a concern about the use of leashes longer than six feet and feces
littering their property.
Councilmember Johnson asked if the City's enforcement of violations has
changed because of the pending animal ordinance.
Public Safety Director Gerdes said the only pending enforcement issue is the
number of dogs in a household. Staff will enforce only if a specific complaint
is received, pending a decision on the new ordinance.
Item 9-F Street Assessment Subcommittee
Councilmember Johnson said that staff is coordinating the next meeting of the
Street Assessment Subcommittee.
Item 9-G Set Two Special Meetings
Assistant Manager Lueckert said that School District 284 has proposed a joint
meeting date of August 18 at 6 p.m. The City of Maple Grove has proposed a
joint meeting date of August 26 at 7 p.m.
Regular Council Meeting
July 23, 1997
Page 15
Council members indicated they would be available for these dates. An item
establishing these special meetings will be placed on the August 6 agenda for
consideration.
Motion was made by Councilmember Black, seconded by Councilmember Wold, to
adjourn the meeting at 9:20 p.m. Motion carried, four ayes.
City Clerk