HomeMy WebLinkAboutCity Council Minutes 02-21-2012 SpecialAdopted Minutes
Special Council Meeting
February 21, 2012
Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the
Medicine Lake Room, 3400 Plymouth Boulevard, on February 21, 2012.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Bildsoe, Stein, Black, and
Johnson.
ABSENT: Councilmember Willis.
STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Public
Works Director Cote, Water Resources Manager Asche, Police Chief Goldstein, Police Captain
Lindman, Parks and Recreation Director Evans, and Deputy Clerk Baird.
ALSO IN ATTENDANCE: Representatives from Three Rivers Parks District: Nybeck, Brasch
and Barten; Residents Terrie and Kevin Christian; Representatives from Wayzata School
District: Carlson, Sherwood, Dallin and Roth.
Aquatic Invasive Species (AIS)
Water Resource Manager Asche stated that Three Rivers Park District would like to have the
City provide funding for inspectors at the public boat launch on Medicine Lake during the times
that are currently not being staffed. These inspectors are trained to inspect boats to prevent the
spread of Aquatic Invasive Species (AIS) from one lake to another. These AIS include zebra
mussels, which are very invasive to lakes and destroy the natural habitat.
Lake Minnetonka Conservation District Representative Nybeck explained that the launches are
not staffed between the hours of 5:00-7:00 a.m., and 9:00-10:00 p.m. Research has shown that
usage times are minimal during these hours and it is not fiscally feasible for the Three Rivers
Park District to provide funds to staff the launches during these hours. They do have coverage
from 7:00 a.m. — 9:00 p.m., which represents 93% of the boat traffic.
The spread of zebra mussels is less contagious in the spring and fall months due to the lower
weather and water temperatures. It costs about $24,000/year/launch for the inspections. Staffing
the launches in the summer would be the most effective. To cover the additional 3 hours/day
would cost an additional 30% or $12/hour x 600 hours (June/July/August) — $5000.
Three Rivers Park District is looking to possibly use volunteers to help during these hours. If
each property owner volunteered two -three hours per summer that would help close this gap.
Adopted Minutes 1 of 10 Special Meeting of February 21, 2012
Currently, Medicine Lake does not have zebra mussels. Currently there are only three lakes in
Minnesota that have them. There are 60 lakes that would be affected by the three polluted lakes
through their watersheds. Medicine Lake is the 2"d largest lake in Hennepin County. It has been
designated this year as a destination lake. If the City wants to protect the other lakes in
Plymouth, Medicine Lake would be a good starting point.
Resident Terrie Christian stated that Fish Lake did try using volunteers. However it would not
make good staffing for inspections. It would be good use of City funds to have someone go
through the DNR training program that would be trained in inspections and would be part of
Three Rivers Park District staff.
Mayor Slavik inquired as to why Three Rivers Park District doesn't close the launch if there is
no staff and usage is minimal. Lake Minnetonka Conservation District Representative Nybeck
replied that it is a public waterway and the State hours of use are 5:00 a.m. — 10:00 p.m.
Mayor Slavik stated that this would not stop the spread of AIS but slow it down. Docks could
also be a cause of spreading the AIS. She asked if this is a water quality issue or recreation issue.
Also, if this is done for Medicine Lake, does the City to do this for every lake in the City to be
fair to our residents. Water Resource Manager Asche replied scientists disagree whether it is a
recreation or quality issue. For issues with the AIS, there are more things coming this way. No
one practice is a guarantee of prevention. The focus is on slowing these things down.
Councilmember Stein asked if it is possible to have a charge for boat launching to raise revenue
for the inspectors. Lake Minnetonka Conservation District Representative Nybeck replied that
singling out a particular user group is not feasible. It's also not allowable in the State to charge a
fee to launch a boat into water that is public property. The Three Rivers Park District has
implemented a parking fee in association with the parking lot maintenance.
Mayor Slavik asked if staff has an estimate on what other alternatives would be. Water Resource
Manager Asche replied that gate systems were discussed earlier in February at a cost of about
30,000-40,000 dollars at each of the boat launches. There are currently public boat launches on
Schmidt Lake, Parkers Lake, and two on Medicine Lake. Other items discussed were
decontaminations systems and having inspectors present.
Councilmember Black stated that it was her understanding that previously the City made the
connection between Parkers Lake and Medicine Lake, however what was the purpose? Water
Resource Manager Asche replied that the City installed a lift station on the east side of I-494 in
order to move the drainage from Parkers Lake to the lift station to get it to flow to Medicine
Lake. The natural flowage was blocked by I-494 and therefore had to be redirected. Public
Works Director Cote added the lift station only operates during high flows.
Councilmember Black stated if the City incurs a zebra mussels problem, inlets could become
operational issues. The City has the interest of maintaining that infrastructure to be operational
because other costs would be incurred to clean them. Public Works Director Cote stated the
pump would become an issue because other facilities are experiencing electrical operation issues.
Adopted Minutes 2 of 10 Special Meeting of February 21, 2012
Lake Minnetonka Conservation District Representative Nybeck said that there are 14 local
launches. If you multiply the shortage of $5000/launch x 14 that explains why there aren't
enough funds for the launches. Three Rivers Parks District cannot justify the extra cost in low
usage areas. The DNR is focusing their efforts on high usage launches. Economically, they
cannot monitor each boat that enters the lakes for 17 hours a day.
Councilmember Johnson asked if the City of Medicine Lake has been approached to assist with
the funding. Ms. Christian said yes and they are interested. However, the membership is only
25/year. Those monies are used for newsletters and administrative costs for the group only.
There are no extra funds.
Councilmember Black said the City budget is set for 2012, and this isn't a budgeted item.
Councilmember Stein asked if there's funding available from the Legacy fund. Water Resource
Manager Asche replied the Legacy funding is earmarked for total maximum daily low. If you
could equate the AIS issue to a water quality issue that is how you get to Legacy funding.
Ms. Christian said they are hoping to do more with the legislature this coming year for funding.
There are 30 lakes statewide with zebra mussels already. Quagga mussels are in three lakes in
Minnesota, and they are worse. The funds allocated for 2012 are one -time -only funds. Also,
there are only 20 decontamination units in the state. They've contacted Hennepin County, but
there hasn't been a response.
Councilmember Stein indicated that it is a small amount of money, and it is currently not in the
City budget. The City doesn't control the lake.
Councilmember Black asked if the City funded $5000, would that come from the water resources
budget.
Councilmember Johnson asked if the City has authority to enact a fee outside of Hennepin
County Parks budgets to recoup the costs.
Ms. Christian said they were hoping that the funding could come from the surface water
management fund because the scientists are saying it is a biological pollution and not only do
zebra mussels collapse fisheries but also the good algae. It is not just boaters that use the lakes.
Councilmember Johnson asked if there is any way to connect any type of a fee to the inspections.
Lake Minnetonka Conservation District Representative Nybeck replied that fees can only be
charged for services including the parking of a car/trailer in the parking lot. The Three Rivers
Park District can't add a charge for something the resident doesn't use.
Councilmember Stein asked if Three Rivers Park could raise the parking fee to cover the 600
hours. With 4,500 launches, that's basically $1 extra from parking funds that would cover the
shortage. Lake Minnetonka Conservation District Representative Nybeck replied they have
considered it, but elected not to do that because it becomes punitive to raise the cost of parking
too high. Of the 4,600 launches annually, 2,000 of them are repeat users.
Adopted Minutes 3 of 10 Special Meeting of February 21, 2012
Councilmember Black stated the City does have the ability to license the people who have docks
on the lake. It would also then become an enforcement issue. Ms. Christian stated that in 2012
dock owners will need to be certified as a requirement by the DNR.
Councilmember Wosje stated that the City couldn't just designate Medicine Lake to be manned,
when there are large portions of residents who use all the lakes. There should really be user fees
put in place.
Councilmember Stein asked why the Three Rivers Park District eliminated the entrance fees to
the park. Lake Minnetonka Conservation District Representative Nybeck replied the fees were
eliminated because the consensus was that the entrance fee made it difficult for all residents to
enjoy the use of the park. The costs were recouped in increased levies.
The Council requested a future report from staff that would include further information and
recommendations.
Wayzata High School Scoreboard Request
Mayor Slavik stated that there is an issue with the advertising that was to be implemented on the
new scoreboard for Wayzata High School. This new sign would require a change to the City
ordinance.
Wayzata School District Representative Roth stated that before the Wayzata Boosters can
proceed in the fundraising phase of this project, there needs to be a final plan in place with more
accurate cost estimates and definitions. The nature of the scoreboard is fundamentally different
than a commercial sign that would be along side a road right of way.
Councilmember Stein stated the current sign ordinance was drafted very carefully to prevent
digital advertising signage and distractions from roadways. Would the City be opening the door
to advertisers if the ordinance is amended? Community Development Director Juetten replied the
City Attorney believes that the biggest issue is commercial concerns. There are two versions of
the ordinance amendment. One version is the revised code is written so that the signs cannot face
public right-of-way. The second version, the one that staff recommends, is the scoreboard could
only be operational during game times.
Mayor Slavik asked about the ordinance and what if it's on a scoreboard, like the fields at
Zachary? Community Development Director Juetten replied this version specifically addresses
scoreboards, and the other one is that the scoreboard could not face public right-of-way. At
Zachary that would be difficult. The City does own that park, so the City has more control.
Councilmember Wosje asked if the ordinance includes residential neighborhoods, where the
board might face an adjacent home. Could something be added into the ordinance that could
prevent this? Community Development Director Juetten replied no. It only pertains to public
Adopted Minutes 4 of 10 Special Meeting of February 21, 2012
right-of-ways. Any additions would defeat the purpose, because there are houses in view of the
scoreboard.
Councilmember Johnson stated the right of way piece was for traffic safety. If you live next to a
football field, there will be noise and lights inclusive of games. The addition of a digital
scoreboard running during the games, which would allow sponsorships that help generate
revenue and school pride, is a positive thing.
Wayzata School District Representative Carlson stated they are moving the scoreboard to the
other side of the field so it will not be viewable to any residents.
Councilmember Black stated her concern is that it doesn't appear on a major thoroughfare. If the
City Attorney can draft an amendment to the ordinance that would prevent that from happening,
she could support it.
Councilmember Stein asked if it's possible to add stipulations to the ordinance varying hours of
operation and events. Community Development Director Juetten replied yes. However, limiting
hours of operation to specific maximum hours of operations during game time, could prevent the
board from being used the entire duration of the game if they ran into overtime.
City Manager Ahrens wanted to clarify that the change that is being discussed is that the Council
has already approved the digital screen scoreboard and it is in compliance with the Zoning
Ordinance by conditional use permit. What the amendment to the ordinance would allow would
be for advertising to be displayed in the digital display portion of the scoreboard for short periods
of time and not just replays or action clips.
Wayzata School District Representative Carlson stated they are asking for the content display of
the video display board. The current ordinance states that the signage can't be changed except
every 15 minutes.
Mayor Slavik asked if staff has considered drafting a separate scoreboard ordinance, and if this is
allowed, what we might have at other schools in the City? Community Development Director
Juetten replied the City ordinance specifically states scoreboards, however the City Attorney will
review it. There are some schools that could do it. Armstrong High School's would be allowable.
Providence Academy wants something but has not come forward.
Wayzata School District Representative Carlson stated that when the ordinance was drafted,
there were two specific sections so that the scoreboards would be allowable at those locations.
The conditional use permit would not, and there are specific setbacks.
Mayor Slavik asked if there was a deadline on this project. Wayzata School District
Representative Roth replied they have six months to complete the scoreboard.
Community Development Director Juetten stated that Wayzata's scoreboard would need a
conditional use permit so it would have to go before the Planning Commission before it could be
presented to the Council. There is also a $300-$500 text amendment. The question is who would
Adopted Minutes 5 of 10 Special Meeting of February 21, 2012
pay for the text amendment when the Wayzata boosters already paid for a text amendment in
2011.
Councilmember Johnson proposed the City pay for this text amendment since they previously
paid for it.
Councilmembers Stein and Black gave their support. Councilmember Johnson would support
this as long as the City's initial intent remains in place.
Mayor Slavik requested more specific information from the City Attorney in regards to what the
City is up against in regards to commercial advertisers.
Community Development Director Juetten stated this could be heard by the Planning
Commission on March 21" and then by the Council on March 27th
Hotel Registration Ordinance
Police Captain Lindman stated the current State Statute does not require that all persons staying
at the hotel/motel be registered, or that if a person registers with false information it would be a
misdemeanor.
The reason the Police Department wants to propose the ordinance change is that this would allow
the police one more way to investigate people who are staying at hotels on a regular basis who
may have warrants, or may be wanted by the law. Currently now the hotels are not required to
write the ID information down, however if they were to write it down in the ledger it is more
evidence in prosecution. All other cities follow State Statute and do not require further
information. The problem with tracking of personal information in registries at hotels/motels is
that there are concerns about identity theft.
The proposed ordinance change would give the Police Department one more tool to use to arrest
people that would give false information on the registry because it would now be a misdemeanor.
This new change would also require hotels to review ID's of all guests staying in a hotel room in
the registry. However, making people register their ID numbers and credit card numbers could
violate privacy laws and make identity theft more possible.
There was discussion on what types of ID's would be required and if that information should be
kept in a log. It was decided that registrants should show their ID to the hotel clerks upon check-
in, however, only the person in charge of the room would need to be logged in the registry.
Police Chief Goldstein said that currently some of the hotels/motels don't follow state law. They
collect information on the person registering, but they don't ID other guests. There are incidents
where there are continual problems.
Councilmember Johnson stated she isn't comfortable making this change. She believes it is a
violation of an individual's right to privacy, putting them at risk for identity theft.
Adopted Minutes 6 of 10 Special Meeting of February 21, 2012
Councilmember Johnson asked how this would affect groups (i.e., school groups) staying in
hotels, where minors are involved.
Councilmember Stein wanted to know at what age a person would be considered an adult. Police
Captain Lindman replied that minors would not be required to show ID. The student who looks
older should be able to prove they are a minor with a school ID.
Councilmember Stein stated he supports the ordinance change, however not the recording of the
information. Councilmember Black stated she support the original option, not the alternative.
Mayor Slavik stated she support the ordinance with some changes.
Police Captain Lindman indicated that the Police Department has discussed the state law
requirements with all hotel/motel managers in Plymouth.
Police Chief Goldstein stated staff will revise the proposed ordinance and bring back to another
study session.
Councilmember Bildsoe believes that if the Police Department has a problem, the Council needs
to help solve the issue.
Street Lightine Rates
Public Works Director Cote stated that during this past year, staff has looked at all the
streetlights to make sure they worked. During this process, comparisons were made between the
streetlights, the bills to the residents and the bills charged to the City by Xcel Energy. Staff found
that there were 100 different street light rates. This was due to the fact that each development
stage was charged to the lots incorporated in each phase. Some had 30, some had 40, etc. and
were charged per development. These rates were based on the charges from Xcel Energy, the
styles of the lights and estimated usage. This analysis doesn't quite get the City to where it needs
to be. One example is that the streetlights on traffic signals aren't being charged correctly.
Staff is recommending that the rates be reduced 12 different rate structures based on Xcel service
area or charge everybody the same throughout the City. This will be easier to audit and easier to
track. He cautioned that 2,500 properties are yet to be verified which could affect the final
outcome of the charges.
Councilmember Black asked if the City has a current streetlight standard for builders. Public
Works Director Cote replied no.
Councilmember Bildsoe asked if everyone gets charged for streetlights. If you have them in your
neighborhood do you get charged? And, will everyone who is supposed to get charged remain
getting charged? Public Works Director Cote replied that only those currently getting charged
would remain getting charged.
Adopted Minutes 7 of 10 Special Meeting of February 21, 2012
Councilmember Stein asked if the properties are spread out throughout the City. Public Works
Director Cote replied that most are in developed areas within the last 20 years.
Council supported one rate structure that would come back to the Council in the near future.
Parkers Lake Cemetery
At the direction of Council, Public Works Director Cote compiled information dating back to
1974 on Parkers Lake Cemetery as well as a survey on other cities who own cemeteries.
Plymouth is consistent with all other communities. He stated over the years there has not been
much change in the care and maintenance of the cemetery. In 1991 and 2009, the City Code was
amended to include changes for the cemetery. However, maintenance has not changed. All other
communities that adopted cemeteries have the same maintenance care. They provide basic
services of mowing and trimming. Some communities have landmark cemeteries and budget
cemetery care accordingly. Most communities have absorbed the cemeteries and their costs.
The City has a perpetual care budget of $180,000 for the cemetery. All lots are sold. There are
100 lots that are vacant. There is a waiting list of about 25.
On behalf of Councilmember Willis who was absent, City Manager Ahrens asked about the level
of maintenance. Councihnember Willis's concern is that there are settlements in the grounds and
markers that are tipping. Councilmember Willis would be interested in any improvements that
could be made to the ground so that maintenance would be easier for mowing, etc. Staff will
have to look at and give estimates on filling in these settlements. Parks and Recreation Director
Evans suggested putting this item in the park maintenance budget to improve the "park".
Councilmember Bildsoe stated that there are funds allocated in the City budget for perpetual care
so those funds should be used for maintenance and to level the grounds. Public Works Director
Cote stated that park maintenance makes it part of their fund. The perpetual care fund of
180,000 would go down fast if it's allocated towards cemetery maintenance.
Parks and Recreation Director Evans reported that staff estimates $5,000/year for the
maintenance of the cemetery. Compost is used in the care, however there are other areas that are
lower and would need fill.
Mayor Slavik asked if the City were to start using the $180,000 perpetual care fund for
maintenance purposes, how soon before the funds would be depleted. Public Works Director
Cote replied approximately 20 years.
Councilmember Black requested that staff look at the gravestones and determine maintenance
when surveying for property maintenance.
Parks and Recreation Director Evans stated staff will provide estimates and bring a report back
to the Council.
Adopted Minutes 8 of 10 Special Meeting of February 21, 2012
Noise Ordinance
Police Chief Goldstein and Community Development Director Juetten provided a review of the
City's noise ordinance. The majority of noise complaints are relative to industrial noise. Major
contributors of noise complaints are Medtronics, Olympic Steel, Len Busch Roses, and US
Foods. These complaints are in relation to fans and motors that continually run. Steps have been
taken and some of the companies have complied on their own and fixed problems. However, the
current ordinance is out dated with a sound control plan. If there are complaints on industrial
noise the City doesn't have the tools to measure the decibel levels on complaints. In the past the
Police Department hired an outside consultant for $1,200 for a study on a noise complaint, only
to find that the noise was not violating the law.
The City of Eden Prairie's noise ordinance includes animals, loud vehicles, commercial and
industrial concerns which could be a good model to follow.
Councilmember Johnson stated that if there is no law being broken, the issue should stop there.
The City's role is not to change government. The council should work with residents.
Councilmember Bildsoe indicated the City could ask someone to mediate, but we can't make the
violator do something if they aren't breaking the rules.
Community Development Director Juetten said that Medtronics tested their noise levels, and
they were in violation, so they brought in a silencer which has brought down the noise to
acceptable levels according to the current ordinance. However, their low frequency noise and
vibrations are still there. The City has no authority to correct it.
Police Chief Goldstein pointed out that with Eden Prairie's ordinance, when businesses make
applications for new construction or revisions to existing businesses, Eden Prairie submits a
noise impact statement which explains how loud their business may be. The city will share the
cost with the business owner to assist with sound issues. If Eden Prairie initiates the violation
than the Eden Prairie pays. If a complaint is generated and is above what the noise impact
statement suggests, it needs to be studied and fixed.
Councilmember Johnson asked how often the Police Department has a noise complaint. Police
Chief Goldstein replied every night with Olympic Steel. City Manager Ahrens asked if there
have been any violations. Community Development Director Juetten said both Medtronics and
Len Busch Roses were in violation, but they both did something to bring down the noise.
Councilmember Black stated that it appears the City is doing what needs to be done. The
companies have complied. At some point citizens need to know that everything possible has
been done.
Staff will bring a proposed ordinance back to the Council for consideration.
Adopted Minutes 9 of 10 Special Meeting of February 21, 2012
Set Future Study Sessions
No study sessions were scheduled.
City Manager Update
City Manager Ahrens gave her quarterly update to the Council.
Adiournment
Mayor Slavik adjourned the meeting at 8:45
Adopted Minutes 10 of 10 Special Meeting of February 21, 2012