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HomeMy WebLinkAboutCity Council Minutes 03-09-2004Adopted Minutes Regular Council Meeting March 9, 2004 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 9, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Black, Stein, Slavik, Hewitt, and Neset. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Public Works Director Faulkner, Police Chief Goldstein, Housing Manager Barnes, City Attorney Knutson, and City Clerk Paulson. Boy Scout and Cub Scouts from Den 10 led everyone in the Pledge of allegiance. Plymouth Forum No one was present to address the Council). Presentations and Public Information Announcements 4.01) Presentation by Police Officer Luke Way Police Officer Way stated in March 2003 he was notified by the military that he would be immobilized for one year. While he was overseas, the City's Human Resource Director notified him that the Council had adopted a Resolution whereby the City would make up the difference in pay between military and civilian pay. He stated many people who he was serving with were suffering financial hardship as their military pay was less than their civilian pay. He stated the willingness of the Council to provide this benefit is a sign of the leadership and patriotism in the community. He presented to Mayor Johnson the Patriotic Employer Award issued by the National Guard. He also presented to Mayor Johnson an American flag that was flown in Baghdad, Iraq on July 4, 2003. Mayor Johnson thanked Police Officer Way, and she presented him with a certificate on behalf of the Council thanking him for his service to the country. Councilmember Bildsoe announced and welcomed newly appointed Chief of Police, Mike Goldstein. Adopted Council Minutes Regular Meeting of March 9, 2004 Page 2 of 8 Approval of Agenda City Manager Ahrens requested to add item No. 9.1.4, relating to the City's position on proposed legislation for controlled substances. In addition, a proposed appointment to the Surface Water Task Force was added to the agenda as item No. 8.1. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Mayor Johnson noted minor corrections to item No. 6.01. Councilmember Bildsoe asked if staff is comfortable with the lowest bidder for item No. 6.14. Park and Recreation Director Blank replied yes, and he noted there have been issues previously. However, when those situations were discussed with the contractor, corrective action was taken. William Doerr, 2355 East Medicine Lake Boulevard, requested that item No. 6.12 be removed from the Consent Agenda. Mayor Johnson placed this item under General Business as item No. 8.2. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik to approve the amended Consent Agenda, which included the following items: 6.01) Minutes from the Regular Council Meeting of February 24 (as amended). 6.02) Resolution Approving Disbursements for the Period ending February 27, 2004 (Res2004- 093). 6.03) Resolution Accepting Donation of Gift Certificates and Beverages from Plymouth Area Businesses to the Plymouth Youth Town Forum (Res2004-094). 6.04) Approve Planning Commission's 2004 work program and 2003 annual report. 6.05) Resolution Approving a Variance to the 25% Maximum Impervious Surface Requirement to allow Construction of an Approximately 400 square foot Addition for James and Debra McGill for Property located at 17220 19`h Avenue North (2004009 — Res2004-095). 6.06) Resolution Authorizing the Application for and Allocation of Fiscal Year 2004 Community Development Block Grant Funds (Res2004-096). Adopted Council Minutes Regular Meeting of March 9, 2004 Page 3 of 8 6.07) Resolution Finding No Objection to Lawful Gambling Exemption for Plymouth - Minnetonka Rotary Club (Res2004-097). 6.08) Resolution Approving Payment No. 3 and Final 2003 Street Mill and Overlay Improvements (2028 — Res2004-098). 6.09) Resolution Approving Payment No. 6 for Old Rockford/Highway 55 Area Utilities (1033 Res2004-099). 6.10) Resolution Accepting Utilities for Continual Maintenance for Paula's Place (2001017 — Res2004-100). 6.11) Resolution Approving Modifications to the Shingle Creek Watershed Management Commission Joint Powers Agreement (Res2004-101). 6.12) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2). 6.13) Resolution Authorizing Director of Parks and Recreation to Implement 2004 Park Improvement Projects (Res2004-102). 6.14) Resolution Awarding Bid for Lawn Maintenance for 2004-2005 (Res2004-103). 6.15) Approve standard tagline, "Plymouth — Adding Quality of Life," for use on City letterhead, envelopes, and other communications. The motion carried to approve the Consent Agenda. Public Hearines 7.1) Consider Sale of City Owned Property at Northwest Boulevard and Schmidt Lake Road Housing Manager Barnes reported on the proposed sale of City owned property at the southwest corner of Northwest Boulevard and Schmidt Lake Road. He stated the Council discussed the potential sale of this site in January and determined that it was the appropriate time to sell given the adjacent development by Dean Johnson Homes to the south. He noted that the City purchased the property to acquire additional right-of-way along Schmidt Lake Road as part of a road construction project that took place during the early 1990s. The proceeds from the sale of this property would be allocated to the street reconstruction fund. He discussed the proposed Request for Proposal (RFP), which sets forth the process and criteria for which the City would Adopted Council Minutes Regular Meeting of March 9, 2004 Page 4 of 8 sell the property. The criteria and process was developed based on input from the Council at the Joint meeting with the Housing and Redevelopment Authority in January. He stated notice of tonight's public hearing was provided to residents beyond the required 750 feet. Councilmember Slavik requested that the second sentence in No. 5 of the RFP be amended to state, "The property will need to be platted and rezoned." The Council supported this amendment. Councilmember Bildsoe asked why the appraisal price was included in the RFP. Community Development Director Hurlburt replied this information is public, and it also indicates to prospective bidders the minimum amount that the City would accept so the bids don't come in too low. Councilmember Bildsoe stated the Council could reject all bids if they didn't come in high enough. Councilmember Stein stated appraisal information is included with the County's land auctions, and usually the bids come in three times that amount. Councilmember Hewitt added that she would prefer to keep that information in the RFP based upon the experience the Council had with the sale of the County Road 101 properties. Councilmember Black asked what site the City would now use for dirt storage since this property was utilized for that purpose. Public Works Director Faulkner replied staff is reviewing another site for that purpose. Mayor Johnson opened the public hearing for testimony. Rob Shrek, 4910 Pineview Lane, had his questions answered by Community Development Director relative to the zoning of the property and how it's classified in the Land Use Guide Plan. She stressed that the property would need to be rezoned before it could be developed and the plan would need to be consistent with the Land Use Guide Plan which is low density residential. LaRinda Wilson, 4625 Vinewood Lane, stated that she serves on the Curtis Lake Homeowners Association board, and she asked if there were going to be fature public hearings when the Council receives proposals for the sale of the property. Community Development Director Hurlburt replied the proposals would be presented to the Council at a public meeting. However, there wouldn't be a public hearing. There would be a mailing with limited information to the same people who were notified of tonight's hearing. Councilmember Black noted that according to the schedule in the RFP, the Council would be considering the proposals at their July 13 meeting. Adopted Council Minutes Regular Meeting of March 9, 2004 Page 5 of 8 There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Slavik to adopt a Resolution Approving Sale of Property at 4890 Medicine Lake Drive West (Res2004-104) with the amended language to the second sentence of item No. 5. With all members voting in favor, the motion carried. General Business 8.1) Appointment to Surface Water Task Force Motion was made by Councilmember Black, and seconded by Councilmember Slavik to adopt a Resolution Appointing Ken King to the Surface Water Task Force in place of Herb Marth Res2004-105). Councilmember Black noted that the task force's schedule of meetings is included in the staff report. The Council thanked staff for their excellent presentation to the Task Force at their meeting on March 6. There being no further discussion and with all members voting in favor, the motion carried. 8.2) Approval of Plans and Specifications and Ordering Advertisement for Bids for Medicine Lake Water Quality Ponds Improvement Project (2037) William Doerr, 2355 East Medicine Lake Boulevard, stated he hadn't seen the proposed plans for the ponds until today. He voiced his concerns about the north pond. He stated the ditch in front of his residence would remain, and when there are smaller rainfalls, the ditch doesn't flow. Therefore, he is concerned that this won't be working properly. He stated the maintenance of the ponds that are located near Armstrong High School are poorly maintained with a lot debris floating in them, and he asked if that would be the similar situation with these ponds, since he has heard there isn't adequate funding for the maintenance of ponds. The ponds should be cleaned every three years. He spoke of the bike path and extension, and he is concerned that this is a high security issue in which the Police Department would be unable to monitor the path. He also stated he is concerned about the visibility to his home. He supports cleaning Medicine Lake, but he doesn't feel the City has a firm plan on how to manage the waste once it's removed. He stated this area is functioning well as a wetland, which would have the same function of a pond. Adopted Council Minutes Regular Meeting of March 9, 2004 Page 6 of 8 Mayor Johnson thanked him for his comments, and she stated this area has been studied for the past four to five years. Public Works Director Faulkner added the pond has been modified to extend more into the City property. He stated the north pond would remove three times the amount of sediment that the south pond would remove. He stated the ditch and vegetation would remain at the site Mr. Doerr was referring to. Police Chief Goldstein commented that regarding the policing of the bike trail, he doesn't view this area more of a security threat than any other trails in the City. This area could be included in the summer park patrol. Public Works Director Faulkner commented that pond cleaning isn't necessary for less than a 10 - year period. Councilmember Stein added that this pond would be very well landscaped, contrary to the ponds near Armstrong High School. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adont a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Medicine Lake Water Quality Ponds (2037 — Res2004-106). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Resolution Supporting Legislation to Provide Improved Funding for I-494 Corridor Improvements Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a Resolution Supporting Legislation to Provide Improved Funding for I-494 Corridor Improvements (Res2004-107). Councilmember Slavik stated she wouldn't support the motion as there is language in the Resolution about increasing the State gas tax, and collecting .5 percent of the sales tax collected in the metropolitan area. She stated she would need further information before she could support this. Councilmember Hewitt stated increasing the gas tax has been discussed for a long time, and this additional revenue would be used for transportation funding. She stated she feels this is very important as the City lobbies for improvements to I-494. Mayor Johnson stated that she could support an increase in the gas tax as long as it's allocated for transportation and road issues. She, too, is somewhat concerned about the dedication of .5 percent sales tax fiom the metropolitan area. Adopted Council Minutes Regular Meeting of March 9, 2004 Page 7 of 8 Motion was made by Councilmember Stein, and seconded by Councilmember Black, to amend the main motion to delete the language in the Resolution referring to the .5 percent sales tax. With all members voting in favor except Bildsoe and Hewitt, the motion carried. Councilmember Slavik stated that she is also uncomfortable with the language, "other steps" in the last paragraph of the Resolution, as that is too vague. Mayor Johnson and Councilmember Bildsoe stated this is just a generalization. Councilmember Slavik voiced her frustration that Plymouth isn't being included with any of the road improvements. Councilmember Hewitt explained that the I-494 Corridor Commission knew that there would only be funding up to 1-394, but they are continuing to lobby for improvements up to Maple Grove. Councilmember Black agreed with Councilmember Slavik. She stated she would support this, but she suggested that the City begin discussions with the City of Maple Grove to discuss why this area is being left out. The Council voted on the amended main motion and with all members voting in favor but Slavik, the motion carried. 9.1.2) Resolution Opposing Tax and Expenditure Limitation Proposals The Council discussed the Taxpayer Bills of Rights proposed legislation. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a Resolution Opposing Tax and Expenditure Limitation Proposals Res2004-108. With all members voting in favor, the motion carried. 9.1.3) Resolution Supporting Review of Current MN/DOT Policy Regarding Speed Limits within Detour Areas Motion was made by Councilmember Black and seconded by Councilmember Stein to adopt a Resolution Supporting Review of Current MN/DOT Policy Regarding Speed Limits within Detour Areas (Res2004-109). With all members voting in favor, the motion carried. 9.1.4) Resolution Supporting Senate File 1580 and Opposing House File 1037 Relating to Controlled Substances Adopted Council Minutes Regular Meeting of March 9, 2004 Page 8 of 8 Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Supporting Senate File 1580 and Onposine House File 1037 Relatine to Controlled Substances (Res2004-110). With all members voting in favor, the motion carried. Mayor Johnson briefly reported on other proposed legislation that would affect local control. 9.2) Update on Train Whistle Temporary Ban Public Works Director Faulkner provided a brief update on the Interim Final rule on the use of train whistles at rail grade crossings. He stated this has raised some concerns with staff as the Council approved an Ordinance in 1993 that prohibits the blowing of train whistles except for emergency situations. He explained this would be considered a partial ban that would not be defined as a pre-existing ban. Staff has been attending the railroad meetings and has met with the consultant who has been following this process very closely. Their feeling is that if the City would make improvements to their railroad crossings, which would consist of medians on 100 feet either side of the crossings, prior to December 18, the City's crossings would be considered pre-existing condition, and the existing ban would be able to be maintained. He noted that improvements to these crossings are in the Capital Improvement Program for this year. Staff anticipates completing these crossings this summer, and the Council would be updated on this situation. Councilmember Black stated two out of the three crossings are in her ward. She stated she also understood it that if the improvements weren't made to the crossings this year, the City wouldn't be able to have any type of ban for multiple years. She stressed that it's very critical that these improvements are made. Councilmember Bildsoe stated from a safety standpoint, he would like to review the approximate costs to install gates and/or medians at the crossings Adiournment Mayor Johnson declared the meeting adjourned at 9:54 p.m. Ak4ejl andra R. Paulson, City Clerk