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HomeMy WebLinkAboutCity Council Minutes 03-08-2005Adopted Minutes Regular Council Meeting March 8, 2005 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on March 8, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Willis, Slavik, Black, Bildsoe, and Stein. ABSENT: Councilmember Hewitt. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Finance Director Hahn, Park and Recreation Director Blank, Housing Manager Barnes, City Engineer Quanbeck, Communications Manager LaFave, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Vernon Peterson, 17425 County Road 47, asked when Lawndale Lane north of County Road 47 will be constructed as well as Troy Lane. He explained there is a tremendous amount of traffic that comes down. Lawndale Lane from Maple Grove. Community Development Director Hurlburt replied this project isn't in the Capital Improvements Plan for the next five years. She stated this would be discussed when the City updates the Comprehensive Plan in the next few years. Mayor Johnson thanked Mr. Peterson for addressing the Council. Presentations and Public Information Announcements 4.01) Oath of Office to Police Officers Dave Durenberger and Scott Whiteford City Clerk Paulson administered the Oaths of Office Police Officers Durenberger and Whiteford. 4.02) Update from Family Hope Services on the Tree House Facility Tim Geoffrion, Director of Community Services, and Greg Ritter, Director of Advancement, thanked the Council for their support for the new tree house facility in Plymouth. They discussed their capital fundraising campaign for their facility, and they illustrated preliminary drawings of the structure. Mr. Geoffrion stated they hope to break ground next spring. 4.03) Presentation of Plymouth Metrolink's Best Driver's Awards Adopted Council Minutes Regular Meeting of March 8, 2005 Page 2 of 11 Communications Manager LaFave announced this year's Metrolink Driver Awards, which are Ger Yang, Dean Linnell, and Milton Huggins. Mayor Johnson presented certificates to each of the individuals. 4.04) Presentation of 2003 Certificate of Achievement for Excellence in Financial Reporting Mayor Johnson presented the 2003 Certificate of Achievement for Excellence in Financial Reporting to Finance Director Hahn and his staff. Approval of Agenda Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe, to approve thea egnda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Black removed item No's. 6.14 and 6.17, and they were placed under General Business as item No's. 8.6 and 8.4.1 respectively. Councilmember Willis removed item No. 6.13, and it was placed under General Business as item No. 8.7. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to g0rove the amended Consent Agenda, which included the following items: 6.01) Minutes of the Regular Meeting of February 22 and Special Meeting of February 26. 6.02) Resolution Approving Disbursements for the Period ending February 25, 2005 (Res2005- 083). 6.03) Resolution Approving Consumption and Display License for West Medicine Lake Community Club (Res2005-084) and a Resolution Approving Consumption and Display License for VFW Hamel (Res2005-085). 6.04) Resolution Approving Site Plan Amendment and Variance for Casco to allow Expansion of the Home Depot Garden Center, 1705 Annapolis Lane North (2004145 - Res2005-086). 6.05) Resolution Approving a Variance to allow 51 percent Impervious Surface Area Coverage to allow Construction of a Home Addition by Skyline Design, Inc. for Property located at 1044 Yuma Lane North (2005006 — Res2005-087). Adopted Council Minutes Regular Meeting of March 8, 2005 Page 3 of 11 6.06) Resolution Authorizing the Application for an Allocation of Fiscal Year 2004 Community Development Block Grant Funds (Res2005-088). 6.07) Resolution Approving Change Order No. 1 for Medicine Lake Water Quality Ponds Improvements (2037 — Res2005-089). 6.08) Resolution Authorizing the Mayor and City Manager to enter into Service Agreements with Social Service Agencies for 2005 (Res2005-090). 6.09) Resolution Receiving Engineering Services Proposal, Designate Engineer, and Order Preparation of Preliminary Engineering Report for Water System Pressure Enhancements (5110 Re2005-091). 6.10) Resolution Accepting Utilities for Continual Maintenance for Stone Creek Village 2001073 — Res2005-092). 6.11) Resolution Receiving Engineering Services Proposal, Designate. Engineer, and Order Preparation of a Preliminary Engineering Report for Sewer Capacity Improvements Downstream from Lancaster Lift Station (5111— Res2005-093). 6.12) Resolution Approving Request for Payment No. 7 and Final for Peony Lane/Old Rockford Road Signal and Intersection Improvements Project (2009 - Res2005-094). 6.13) (This item was removed from the Consent Agenda and placed under General Business as Item No. 8.7) 6.14) (This item was removed from the Consent Agenda and placed under General Business as Item No. 8.6) 6.15) Approval of Park and Recreation Advisory Commission's 2004 Annual Report and 2005 Work Plan. 6.16) Resolution Approving Feasibility Report for Medicine Lake Curlyleaf Treatment Project and Ordering the Second Year Treatment (4109 — Res2005-095). 6.17) (This item was removed from the Consent Agenda and placed under General Business as Item No. 8.4. 1) 6.18) Resolution Approving Queensland Park Playground Equipment (Res2005-096). Motion carried to approve the amended Consent Agenda. Adopted Council Minutes Regular Meeting of March 8, 2005 Page 4 of 11 Public Hearings 7.1) 2004 Weed Eradication and Destruction, Roll 2 Finance Director Hahn reported on the proposed assessments for 2004 weed eradication and destruction, Roll 2. Mayor Johnson opened the public hearing for testimony. There being no one present wishing to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 2004 Weed Eradication and Destruction, Roll 2 Re2005-097). With all members voting in favor, the motion carried. 7.2) 2004 Removal and Destruction of Diseased Trees, Roll 2 Finance Director Hahn reported on the proposed assessments for 2004 removal and destruction of diseased trees, Roll 2. Mayor Johnson opened the public hearing for testimony. There being no one present wishing to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 2004 Removal and Destruction of Diseased Trees, Roll 2 Re2005-098). With all members voting in favor, the motion carried. 7.3) Compliance Check Violation for Dutton's Bar and Grill, 1115 Vicksburg Lane Police Chief Goldstein reported on the failed alcohol compliance check for Dutton's Bar and Grill that occurred on September 23, 2004. He discussed the staff report which outlined the details of the incident. Mayor Johnson opened the public hearing for testimony. Mayor Johnson noted the observation of the odor of alcohol from the manager. Rick Dutton, owner of Dutton's Bar and Grill, admitted that there is no excuse for this violation. He apologized and stated that all of his employees have received server training. He noted that they recently passed a compliance check. Adopted Council Minutes Regular Meeting of March 8, 2005 Page 5 of 11 Councilmember Bildsoe asked if the licensee participates in the City's Best Practices Program. Police Chief Goldstein replied at the time of the violation, they weren't a member, but they are now participating. Councilmember Slavik asked if the server who failed the check is still employed at the business. Mr. Dutton replied that individual was never a server, but he stepped in when he had to leave the establishment for a minute. Mayor Johnson stated there have been concerns that this establishment is "over serving" of customers with alcoholic beverages. Mr. Dutton stated they have discussed this concern with the Police Department, and they making sure that people aren't driving home if they have consumed too much alcohol. He stated he isn't sure what the cutoff is for over serving. Mayor Johnson asked Mr. Dutton if he allows his employees to consume alcohol on the job. Mr. Dutton replied perhaps at the end of the night. City Attorney Knutson stated there is no violation of State or local laws that prohibits employees from consuming alcohol while working. Mayor Johnson stated this concerns her, as those individuals may not have the best judgment in serving others. She stated this should be part of the Best Practices Program training. Mr. Dutton commented that they haven't had any fights or calls to their establishment. They are working well with the adjacent neighborhood. Mr. Goldstein clarified that there have been five different occurrences near the establishment over the past several months, and they weren't related to the liquor license. Councilmember Willis asked Mr. Dutton if he has operated any other liquor establishments. Mr. Dutton replied no. Mr. Dutton stated that he is familiar with one of the calls, but he would like to see the other reports so he can take corrective action. There being no one else present wishing to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution imposing a Civil Penalty of $500 Fine and to stay the 5 -Day License Suspension for one year as of this date depending on if the licensee participates in the Best Practices Program and has no further violations. Councilmember Slavik asked when the next round of compliance checks would occur. Police Chief Goldstein replied the next round would occur late fall/early summer. Adopted Council Minutes Regular Meeting of March 8, 2005 Page 6 of 11 Councilmember Slavik stated that she wouldn't be supporting the motion, but she supports the 500 fine and a five-day suspension. She stated the Council has been very consistent in imposing minimum fines for failed compliance checks. In addition, there are circumstances involving this compliance check failure that she is uncomfortable with. Councilmember Stein asked Mr. Dutton why he wasn't originally part of the Best Practices Program. Mr. Dutton replied that it was due to when the classes were scheduled, as they are a very small operation. He stated if his establishment is getting a reputation, he would like to know what the situation is so he could correct it. Councilmember Slavik stated staff sent him correspondence outlining the issues. Councilmember Bildsoe stated that he wouldn't support the motion as there are extenuating circumstances, i.e. the employee who committed the violation, there is a warrant for his arrest, and the manager has been consuming alcohol while on duty. A substitute motion was made by Councilmember Willis and seconded by Councilmember Black, to adopt a Resolution Imposing a Civil Fine of$500 and a Five -Day License Suspension Res2005-099). With all members voting in favor, the motion carried. The Council voted on the amended motion and with all members voting in favor, the motion carried. General Business 8.1) Issuance and Sale of G.O. TIF Revenue Bonds, Series 2005A, for HRA TIF Redevelopment District 1-1 Housing Manager Barnes reported on the bids received for the sale of tax increment finance TIF) revenue bonds in the amount of $1,370,000 for the Housing and Redevelopment Authority's TIF Redevelopment District 1-1 (Shops at Plymouth Creek). He stated staff is recommending the Council award the bid to Wells Fargo Brokerage Services, LLC, at a true interest rate of 4.0304%. Motion was made by Councilmember Bildsoe, and seconded Willis to adopt a Resolution Relating to $1,370,000 General Obligation Tax Increment Bonds, Series 2005A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, and Providing for the Execution and Delivery Thereof and the Security Therefore (Res2005-100). With all members voting in favor, the motion carried. 8.2) Award Contract for Vicksburg Lane/Highway 55 Intersection Improvements (4134) Adopted Council Minutes Regular Meeting of March 8, 2005 Page 7 of 11 City Engineer Quanbeck reported on the bids received for the Highway 55 and Vicksburg Lane traffic signal system and intersection improvements, and recommended that the Council award the bid to Hardrives, Inc. in the amount of $568,467.27. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Awarding the Bid for Hi way 55 and Vicksburg Lane Traffic Signal System and Intersection Improvements (4134 — Res2005-101). With all members voting in favor, the motion carried. 8.3) Consider Proposal from Plymouth Community Foundation relating Hilde Center Gateway Park and Recreation Director Blank stated recently the Plymputh Con=unity Foundation approached staff to discuss potential project proposals that they could fund as their inaugural or capstone project. Several projects were discussed including an entry arch for the Hilde Performance Center, to be located off of Plymouth Boulevard, and the completion of the second waterfall feature in the Millennium Garden. He stated both projects were estimated to cost 50,000 to $55,000. The Plymouth Foundation Board of Directors determined that they would like to focus on the entry arch for the Hilde Performance Center. He illustrated preliminary drawings of the proposed entry arch. He stated in order for the project to be successfully completed for the July 6 Music in Plymouth event, staff needs to begin work on this project as soon as possible. He then discussed the two funding options. The first option would be that the City would front the. funds that the Plymouth Foundation hasn't raised by July 6 so that the project could be incorporated with the 50th Anniversary of the City of Plymouth as a gift from the foundation. The second option would be that the Plymouth Foundation would continue fundraising until they have raised the $50,000 to $55,000 to complete the project. Under this scenario, it is most likely that the project wouldn't be completed until late fall of 2005 or sometime in 2006. Councilmember Slavik asked if the Council would be setting a precedent advancing the funds. City Attorney Knutson replied no legal precedent would lie set, but the Council would need to be aware that other groups would probably request the same type of consideration in the future. Steve Beachler, 18415 25th Avenue North, President of the Plymouth Community Foundation, stated they have just launched their first fundraising campaign. They would like to have a signature project" in the community. He stated it's their desire to request the Council to front the cost in order that it could be constructed for this year's Music in Plymouth and for the 50th Anniversary celebration. Motion was made by Councilmember Stein, and seconded by Councilmember Black, to approve Option 1 where the City would pay the balance of the cost not raised by July 6 b t m Foundation. Adopted Council Minutes Regular Meeting of March 8, 2005 Page 8 of 11 Councilmember Stein indicated his support for the project and stated that he's confident that the Plymouth Foundation would raise the necessary funds. He also noted that this situation is similar to the funds that were advanced for the third sheet of ice. Mr. Beachler stated they are currently contacting businesses and individuals, and that would be followed by a second phase in the spring. In the summer and fall there would be general fundraising for the entire community. Councilmember Bildsoe stated sometimes it's difficult to raise funds when something has already been constructed. Mayor Johnson agreed and noted how the vision for the Millennium Garden was planned. She asked what fiind would the advancement of finds come from. Finance Director Hahn replied the funds would come from park dedication funds. Park and Recreation Director Blank added that the Council could add conditions to the advancement of funds if they so desired. Councilmember Bildsoe indicated his support for the project, but stated that he supports Option 2 where the Plymouth Foundation would raise funds before the arch would be constructed. He stated the vision and dream is the motivation to raise the funds. A substitute motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik, to approve Option 2. With Bildsoe, Slavik, and Johnson voting yes, and Willis, Stein, and Black voting no, the motion failed. Councilmember Black stated this is a smaller project, and it's not out of line in comparison to other projects, such as the third sheet of ice, where the City has fronted funds. Councilmember Willis stated that the 50th Anniversary of the community is a one-time event. The Council voted on the main motion and with Willis, Stein, and Black voting yes, and Bildsoe, Slavik, and Johnson voting no, the motion failed. A motion was made by Councilmember Stein that if the Plymouth Foundation raised $25,000, the City would front up to $30,000, if the project could be completed prior to July 6. This motion failed for lack of a second. Motion was made by Councilmember Black and seconded by Councilmember Willis, to postpone this item to March 29 when a full Council would be in attendance. With all members voting in favor, the motion carried. The Council took a 10 -minute break. 8.4) Consider Adoption of Pond Maintenance Policy Adopted Council Minutes Regular Meeting of March 8, 2005 Page 9 of 11 Community Development Director Hurlburt gave a presentation on the proposed Pond Maintenance Policy. She noted the language that had been incorporated into the policy that was suggested by the Council at their February 8 Study Session. Councilmember Stein asked how neighborhood associations would be notified of the new policy. Community Development Director Hurlburt replied there would be information on the City's website as well as articles in the City's newsletter and Environmental Extra. She stated staff wouldn't be notifying all the associations directly. She noted that if one property owner in an association submits a petition, the entire association would be notified if the easements would be in order. She stated it wouldn't be a real lengthy process. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Pond Maintenance Policy (Res2005-102). Motion was made by Councilmember Slavik, to postpone adoption of this policy until the inventory could be completed. This motion failed for lack of a second. Councilmember Slavik stated that she would be supporting the main motion, but she was just attempting to get more of "a piece of mind" out of this new program. She reiterated that there could be additional information that could be gained from the pond inventory that could cause future changes to the policy. Therefore, she would've preferred that the pond inventory were completed first before the Council adopts the policy. Mayor Johnson requested a friendly amendment to the motion that staff adds language to the policy that, would state "at the point of the dissolution of the agreement, the City would be held harmless if there had been any violation of the environmental laws." She stated the intent is to make sure that the City isn't liable for any violations. Councilmembers Black and Bildsoe accepted this friendly amendment. Councilmember Willis commented that at such time that this policy is implemented, there would be aesthetic issues that would be hard to avoid. There being no further discussion and with all members voting in favor of the amended motion, the motion carried. 8.4.1) Resolution Accepting the Feasibility Project for Circle Park Pond Improvement Project (5115) Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Accepting the Feasibilit Rgport for Circle Park Pond Improvement Project Res2005-103). With all members voting in favor, the motion carried. Mayor Johnson moved item No. 8.7 up on the agenda without objection. Adopted Council Minutes Regular Meeting of March 8, 2005 Page 10 of 11 8.7) Resolution Approving Plymouth Firefighters Relief Association By -Laws Gary Hendrickson, President of the Relief Association and John Gavin, Trustee on the Board, provided an overview on the proposed recodified of the Fire Relief Association By -Laws which also incorporated 11 revised additions to the By Laws. Councilmember Willis commented the community at large is obligated with respect to the benefits that are paid to firefighters and their survivors and there is no proposed cap on those expenses. A discussion was held on the proposed salaries for the officers, and it was noted that the salaries exceeded the cap in the previous By Laws. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Approvingthehe Plymouth Firefighters Relief Association By -Laws (Res2005-105). With all members voting in favor, the motion carried. 8.5) Review Shingle Creek Watershed Commission's Capital Improvement Project Funding City Engineer Quanbeck reported on staff s draft response to the Shingle Creek Watershed Management Commission (SCWMC) Capital Improvements Program (CIP) funding. Councilmember Black stated the Shingle Creek Watershed's formula is pretty unique, and it has been past practice to address issues that involve quantity rather than quality. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the draft response to SCWMC CIP Cost Sharing Policy. With all members voting in favor, the motion carried. 8.6) Resolution Approving Change Orders for the Plymouth Ice Center Project (3129) Park and Recreation Director reported on the 12 change orders totaling $31,764 for the Ice Center Project. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Approving Change Orders for the Plymouth Ice Center Project (3129 — Res2005- 104). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Legislative Update Adopted Council Minutes Regular Meeting of March 8, 2005 Page 11 of 11 City Manager Ahrens updated the Council on the zero depth pool issue and median safety barrier bills legislation. Councilmember Black updated the Council on the proposed Clean Water Legacy legislation. Mayor Johnson reported on the proposed salary cap legislation, the Governor's proposed "turbo tax" legislation, and the street utility legislation. City Manager Ahrens also added that there is a transportation choices 20/20 initiative legislation provide funding for public transit). She stated that Councilmember Hewitt would be tracking that bill. 9.2) Status Report on proposed "leo Wake" Ordinance on Medicine Lake Councilmember Black reported that the City of Medicine Lake would not be supporting the no wake ordinance for any portion of the lake. She stated she met with Medicine Lake Councilmember Leonard on this issue, and they discussed options on how to enhance plant protection areas. She stated they would continue to monitor the killing of the curly leaf pondweed in order to determine which of the methods are effective. She stated that this item would be delayed until an alternative could be prepared with the City of Medicine Lake, and perhaps a joint meeting in the future with the City of Medicine Lake would be necessary. Adiournment Mayor Johnson declared the meeting adjourned app roximatel 10:25 p.m. andra R. Paulson, City Clerk