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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