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