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HomeMy WebLinkAboutCity Council Minutes 08-20-1997MINUTES REGULAR COUNCIL MEETING AUGUST 20,1997 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 August 20, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Preus, Spigner, Black, Bildsoe, Wold, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Park Director Blank, 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 5 Approve Agenda Mayor Tierney requested the addition of items relating to the joint meeting with School District 284, Crime Free Multi -Housing statistics, and correspondence regarding request for vacation of frontage road near Highway 55 and Nathan Lane. Councilmember Johnson requested the addition of a report on surface water drainage issues in Cavanaugh Addition. Motion was made by Councilmember Preus, seconded by Councilmember Black, with the addition of the four items noted. Motion carried, seven ayes. Item 6 Consent Agenda Items 6-C and 6-Q were removed from the consent agenda. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to approve the minutes of the August 7 Special Meeting. Motion carried, seven ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-474 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 8,1997. Motion carried, seven ayes. Regular Council Meeting August 20, 1997 Page 2 Item 6-1) Lawful Gambling Exemption Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-475 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR WAYZATA ATHLETIC BOOSTERS. Motion carried, seven ayes. Item 6-E Tony Eiden Company/Abingdon Development (96127) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-476 AMENDING RESOLUTION 93- 712 AND DEVELOPMENT CONTRACT 93078 FOR "PLYMOUTH OAKS", REPLACING THE REQUIREMENT FOR A SCREEN FENCE WITH LANDSCAPING, FOR PROPERTY LOCATED AT LOT 9, BLOCK 1, PLYMOUTH OAKS (96127). Motion carried, seven ayes. Item 6-F Conrad Stovarczyk. Lot Consolidation (97100) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-477 APPROVING LOT CONSOLIDATION FOR STOVARCZYK PROPERTY LOCATED AT 9620 25TH AVENUE NORTH (97100). Motion carried, seven ayes. Item 6-G Little Acorn's Preschool, Inc. (97102) Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-478 APPROVING A CONDITIONAL USE PERMIT FOR RHONDA DOYLE FOR OPERATION OF LITTLE ACORN'S PRESCHOOL AT PLYMOUTH CREEK CHRISTIAN CHURCH AT 16000 41ST AVENUE NORTH 97102). Motion carried, seven ayes. Item 6-H Sanitary Sewer on County Road 6, Project 7018 Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-479 AUTHORIZE PRELIMINARY ENGINEERING REPORT, COUNTY ROAD 6 SANITARY SEWER EXTENSION, RANIER LANE TO URBANDALE LANE, CITY PROJECT NO. 7018. Motion carried, seven ayes. Item 6-I Traffic Analysis for Signal at 36h Avenue and Vicksburg Lane Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-480 RECEIVE THE TRAFFIC SIGNAL WARRANT ANALYSIS FOR 36TH AVENUE AND VICKSBURG LANE AND ORDER THE PREPARATION OF FINAL PLANS AND SPECIFICATIONS. Motion carried, seven ayes. Regular Council Meeting August 20, 1997 Page 3 Item 64 Park and Ride Lot at Waterford Plaza Shopping Center Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-481 AMENDMENT TO GRANT AGREEMENT NO. SG -97 -PF -27 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH FOR PARK-AND-RIDE FACILITIES AT THE WATERFORD PARK PLAZA SHOPPING CENTER. Motion carried, seven ayes. Item 6-K Contract Extension for Plymouth Metrolink Services Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-482 FIRST AMENDMENT TO AGREEMENT FOR OPERATION AND MANAGEMENT OF THE PLYMOUTH METROLINK SYSTEM. Motion carried, seven ayes. Item 6-L Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-483 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH TECHNOLOGY PARK 91031). Motion carried, seven ayes. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-484 REDUCING REQUIRED FINANCIAL GUARANTEE, SWAN LAKE SOUTH ADDITION 92112). Motion carried, seven ayes. Item 6-M Preliminary Approval of Tax -Exempt Bonds for Nuaire, Inc. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-485 GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152-469.165 ON BEHALF OF NUAIRE, INC. Motion carried, seven ayes. Item 6-N Payment to School District 284 for Neighborhood Playgrounds Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-486 APPROVING PAYMENT TO THE WAYZATA SCHOOL DISTRICT. Motion carried, seven ayes. Item 6-0 Change Order to SFG Contract Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-487 APPROVAL OF CHANGE ORDER TO SFG CONTRACT. Motion carried, seven ayes. Regular Council Meeting August 20, 1997 Page 4 Item 6-P Cardinal Ridge Playground Equipment Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-488 APPROVAL OF CARDINAL RIDGE PARK PLAY EQUIPMENT. Motion carried, seven ayes. Item 7-A Vacation of Utility Easement Public Works Director Moore presented the staff report on the request for vacation of utility easement reserved within Outlot A, Carlson Center 12' Addition. Mayor Tierney opened the public hearing. No one appeared and the hearing was closed. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 97-489 AUTHORIZING 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 EASEMENTS AND REAL COVENANTS DATED FEBRUARY 15, 1995, CONTAINED WITHIN OUTLOT A, CARLSON CENTER 12" ADDITION. Motion carried, seven ayes. Item 7-B Modification to the Tax Increment Financing Districts Finance Director Hahn presented the staff report on the proposed modification to the Tax Increment Financing Districts. Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 97-490 APPROVING AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.7 AND APPROVING AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NUMBERS 1-3,1-4,1-5,2-1,3-1,3-2,3-3,4-1, 4-2, 4-3, 5-1, 6-1 AND 7-1. Motion carried, seven ayes. Item 8-A (6-C) Amend Liquor License Conditions for West Medicine Lake Community Club Councilmember Spigner said that the neighborhood does not oppose the request of West Medicine Lake Community Club to extend hours on New Year's Eve; however, they would like the approval designated only for 1997. The Club would need to make a new request in order to extend hours on New Regular Council Meeting August 20, 1997 Page 5 Year's Eve in future years, which would allow the neighborhood and City Council the opportunity to consider the Club operations and experience with this year's event. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 97-473 AMENDING CONDITION OF APPROVAL FOR LIQUOR LICENSES ISSUED TO THE WEST MEDICINE LAKE COMMUNITY CLUB, with amendments to specify that the approval is for this year only. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Motion carried, seven ayes. Item 8-B (6-Q) West Medicine Lake Park Playground Mark Reichel, 2320 North Larch Lane, said that at the Council meeting of June 18, the Council assured residents that the West Medicine Lake Park project was not going to be scaled back and that most of the work would be completed by October 1997. The City subsequently sent a letter to residents indicating that work on the additional parking trails, basketball court, volleyball court, playground and picnic shelters would begin in the latter half of July and be completed by October 1997. A staff member recently indicated to Mr. Reichel that there are no plans to do the work in 1997. Park Director Blank responded that all items mentioned in the letter will be built. The subgrade work for the volleyball court and basketball court is underway, and all work will be substantially completed by the end of October. The type of picnic shelters to construct is currently being studied, and the park has not been scaled back. Councilmember Preus asked about the anticipated schedule for accepting bids for the shelters. Director Blank said that if the cost is under $25,000, the City would solicit quotations. The architect has been asked to modify the plans to reduce the cost. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-491 APPROVING OF WEST MEDICINE LAKE PARK PLAY EQUIPMENT. Motion carried, seven ayes. Regular Council Meeting August 20, 1997 Page 6 Item 9-A Establish Study Session on Enforcement Issues Councilmember Black said that some concerns regarding enforcement issues have arisen from the recent Moen-Leuer project. It would be beneficial for the Council to hold a study session to discuss enforcement relating to subdivision approvals, erosion control, and similar issues. She said that the Environmental Quality Commission may make a recommendation on erosion control enforcement. Councilmember Johnson agreed and cited as additional examples the Can -Do Recycling situation and the upcoming planned unit development consideration at County Road 24 and Medina Road. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to establish a special council meeting on October 8 at 7:00 p.m. to consider enforcement issues. Motion carried, seven ayes. Item 9-13 Memo regarding Information from Corcoran Councilmember Preus referenced a memo regarding Councilmember Lymangood's request for information from the City of Corcoran. He is concerned that the City of Plymouth may have an additional letter from Mr. Lymangood requesting information from Plymouth that the Council has not seen. He said that the Corcoran situation, as reflected in their Council minutes, is a good example of how important it is that the City of Plymouth conduct business in an open manner. At a minimum, the Corcoran situation does not give the impression of openness, and there may be additional data practices or records retention issues involved. Manager Johnson explained that the Plymouth staff received a letter from Mr. Lymangood requesting information the City had received from the City of Corcoran. Staff had no correspondence in the files, and the requested document was identified as mail correspondence that was forwarded to the Mayor. The Mayor subsequently provided the information to Mr. Lymangood when requested. Councilmember Johnson asked why correspondence from the Mayor of Corcoran to Mayor Tierney needed to be public information. Councilmember Preus said that his concern is that the Council had not seen the letter from Mr. Lymangood requesting the information from Plymouth. City Manager Johnson explained that many requests for information are received and responded to each week. These are not routinely distributed to the Council. Regular Council Meeting August 20, 1997 Page 7 Councilmember Wold asked about the City's obligations under the Data Practices Act to provide and maintain the data. He also asked for a description of how correspondence is handled at the City. Attorney Knutson said that the data practices act provides that if the City has an item that is classified as public data, the City has an obligation to produce it to anyone who makes a request. The data practices act does not require that the data be maintained. City Manager Johnson said that staff sorts mail each day. Councilmembers receive mail through City Hall, and it is forwarded to Councilmembers unopened. Staff has had a long-standing arrangement with the Mayor that her mail is opened, copied, distributed, and made public as appropriate. The letter from the City of Corcoran to Mayor Tierney was forwarded to her as personal correspondence. She subsequently produced a copy when requested because it was public information. Manager Johnson said the letter received from Mr. Lymangood requesting the information was addressed to the City Manager and is in the City files. Councilmember Preus said that he does not believe the City of Corcoran did things right. Their minutes indicate that information was requested at a meeting and was not provided. He stressed that the City of Plymouth does business openly. When a resident wants public information, they receive it. Councilmember Johnson said that the Corcoran situation doesn't have anything to do with City of Plymouth business, and she believes the Council should move on with its business. Councilmember Wold said that he shares Councilmember Preus' concern that citizen requests are tracked. He also believes that it is important that the Council discuss the data practices act. He views the Corcoran situation, where Mr. Lymangood requested a copy of information provided to the Corcoran City Council at a meeting, as an access to government issue. Councilmember Wold reaffirmed that residents attending Plymouth Council meetings are provided with requested information. Councilmember Preus said that city councils most often get in trouble through noncompliance with the open meeting law and data practices act, and Plymouth always attempts to meet the legal requirements and intent of these laws. City Manager Johnson said that city employees recently completed a training session on data practices conducted by the City Clerk. He said the City Attorney is also often contacted for advice with respect to data practices Regular Council Meeting August 20, 1997 Page 8 issues, including the request for information from Plymouth made by Mr. Lymangood. Councilmember Spigner agreed that a study session would be helpful, and she would like to add discussion of citizen request tracking and what information the Council receives. Councilmember Preus clarified that his point in raising this issue does not relate to what information the Council receives from staff, but rather to emphasize how important it is for the City to be continually conscious of the requirements to the public and to be totally open. The Council directed that a discussion of issues relating to data practices be added to the October 8 study session. Item 9-C Joint Meeting with School District 284 Motion was made by Mayor Tierney, seconded by Councilmember Spigner, to direct staff to send a letter thanking School District 284 for hosting the joint meeting on August 18. Motion carried, seven ayes. Item 9-D Crime Free Multi -Housing Presentation Councilmember Spigner commended Public Safety Director Gerdes on his presentation to the Planning Commission regarding the Crime Free Multi - Housing Association and crime statistics in the City. Councilmember Bildsoe thanked Director Gerdes, the police and fire departments for the great job they are doing in the City, as evidenced by the low crime rate. Item 9-E Medicine Lake PeninsulaNacation at Highway 55 and Nathan Lane Community Development Director Hurlburt said that a letter was received requesting that the City consider vacating right-of-way near Highway 55 and Nathan Lane. The City has reviewed plans for an extended -stay hotel on that property. The site is greatly impacted by wetlands and floodplain, and it will be difficult to fit the project on this site without unacceptable wetland impacts. The developer has suggested a plan to relocate the building, but it would require that the City transfer ownership of the road to them. They would still need to mitigate wetlands and have suggested that they could mitigate through the peninsula on Medicine Lake. Staff has advised them that they could file an application for a sketch plan review and a wetland plan which would be considered by the Planning Commission. The Council could then decide whether to set a public hearing to consider vacation of the right-of-way. A public hearing would be needed for the vacation, as well as for sale of the property. Regular Council Meeting August 20, 1997 Page 9 Item 9-F Cavanaugh Storm Water Drainage Issues Public Works Director Moore said that a survey has been distributed to Cavanaugh Addition residents to solicit their comments regarding storm water drainage issues. Staff is also studying two specific areas as previously directed by the Council. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to suspend the rules and add two additional items to the agenda -- establish a meeting date for the Transition Subcommittee and explain action taken on Item 6-I. Motion carried, seven ayes. Item 9-G Transition Subcommittee A meeting of the Transition Subcommittee was set for September 17 at 5:30 p.m. Councilmember Johnson requested that the Subcommittee be provided with a summary on possible transition tools. Item 9-H Traffic Signal at 36" Avenue and Vicksburg Lane Councilmember Bildsoe explained that the City Council has accepted the traffic signal warrant analysis at 36`' Avenue and Vicksburg Lane. Installation of the signal will be included in the City's plan. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adjourn the meeting at 8:10 p.m. Motion carried, seven ayes. i Clerk