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.
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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).
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Regular Meeting of March 9, 2004
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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
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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.
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Regular Meeting of March 9, 2004
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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.
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Regular Meeting of March 9, 2004
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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.
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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
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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