HomeMy WebLinkAboutCity Council Minutes 04-13-2004Adopted Minutes
Regular Council Meeting
April 13, 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 April 13, 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, Public Services Manager Qvale, Planning Manager
Senness, Finance Director Hahn, Park and Recreation Director Blank, Police Chief Goldstein,
City Attorney Knutson, and City Clerk Paulson.
Boy Scout Troop 567, from Pilgrim Lane Elementary, assisted with the Pledge of Allegiance.
Plymouth Forum
No one was present to address the Council).
Presentations and Public Information Announcements
4.01) Oath of Office — Police Chief Mike Goldstein
City Clerk Paulson administered the oath of office to Police Chief Mike Goldstein.
4.02) Oath of Office — Police Captain Joel Franz
City Clerk Paulson administered the oath of office to Police Captain Joel Franz.
4.03) Presentation by Home Free to Police Chief Mike Goldstein
Representatives of Home Free presented Police Chief Goldstein a clock in appreciation for his
service on their board.
4.04) Announcement of Interfaith Outreach and Community Partners 25th Anniversary
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 2 of 11
Representatives of Interfaith Outreach and Community Partners board and staff thanked the City
for their support, as they announced their 25`h Anniversary.
4.05) Proclaim Administrative Professionals Week
Councilmember Slavik read and presented a Proclamation declaring April 18-24 as
Administrative Professionals Week." Carolyn Nelson, President of the Twin Cities Chapter of
Administrative Professionals, along with other members of their association, thanked the Council
for this Proclamation.
4.06) Proclaim April as Fair Housing Month
Mayor Johnson read a Proclamation declaring April as "Fair Housing Month."
4.07) Announce Human Rights Commission Essay Contest Winners
Councilmember Hewitt and Human Rights Commissioners Adams -Drew, Renquist, Alexander,
and Broxey announced the winners of this year's Human Rights Commission Essay Contest.
Certificates and cash award were presented to Ryan Gray, Thomas Churchill, Nada Batu, and
Jane Kim.
Approval of Agenda
Councilmember Black stated she would comment on the zero depth pool issue under item No.
9.1.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to
approve the amended a egnda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt to
approve the Consent Agenda, which included the following items:
6.01) Minutes from the Special Council Meeting of March 23 and Regular Council Meeting of
March 23.
6.02) Resolution Approving Disbursements for the Period ending April 2, 2004 (Res2004-131).
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 3 of 11
6.03) Resolution Approving a Conditional Use Permit for James and Lisa Prom to allow an
Attached Garage Containing over 1,000 square feet for Property located at 5760 Oakview Lane
North (Res2004-132).
6.04) Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located on
the South Side of West Medicine Lake Drive and approximately 300 feet west of Northwest
Boulevard (2004003 — Ord2004-05), Resolution Approving Findings of Fact for the Rezoning of
Property located on the South Side of West Medicine Lake Drive and approximately 300 feet
west of Northwest Boulevard (2004003 — Res2004-133), and Resolution Approving a
Preliminary Plat for SVK Development for "Hidden Meadows at Curtis Lake," a Five -Unit,
Single -Family Development located on the South Side of West Medicine Lake Drive and
approximately 300 feet West of Northwest Boulevard (2004003 — Res2004-134).
6.05) Resolution Approving Site Plan Amendment, Conditional Use Permit, and Variances for
Carlson Real Estate Company for "Town Center Office Plaza" to allow construction of Six Town
Office Buildings for Property located at 3501 Plymouth Boulevard (2004012 — Res2004-135).
6.06) Resolution Approving Garbage Hauler License for Armor Roll -Off Services, LLC
Res2004-136).
6.07) Resolution Approving Hot Mix Asphalt Bids for 2004 (Res2004-137).
6.08) Resolution Approving Change Order No. 3 for Old Rockford Road/Peony Lane for
Traffic Signal and Turn Lane (2009 - Res2004-138).
6.09) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2004 Seal Coat Program (Res2004-139).
6.10) Resolution Awarding Bid for Pump Houses for Well No. 14 and Well No. 15 (3132 -
Res2004-140).
6.11) Resolution Awarding Bid for Trunk Watermain Extensions (3124 - Res2004-141).
6.12) Resolution Awarding Bid for Procurement of Green Sand Filter Media Water Treatment
Plant Renovations Project (2032 — Res2004-142).
6.13) Resolution Approving Agreement between the City of Plymouth and Hennepin County
Environmental Services (Res2004-143).
6.14) Resolution Awarding Contract for 2004 Medicine Lake Curlyleaf Treatment Program
4109 - Res2004-144).
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 4 of 11
6.15) Resolution Approving Change Order No. 1 for the Plymouth Creek Center for Lower
Level Construction (Res2004-145).
6.16) Resolution Approving Lions Park Playground (Res2004-146).
6.17) Approve changing the membership of the Surface Water Task Force to designate Bonnie
Bronstad and Tom Orr as "ex officio" members.
6.18) Resolution Approving Tobacco License for Lunds, Inc., d/b/a Rick's Market (Res2004-
147).
6.19) Resolution Approving Temporary 3.2 Liquor License for St. Mary of the Lake Catholic
Church(Res2004-148).
Councilmember Bildsoe registered a no vote for item No. 6.09.
Councilmember Black added that roads in her ward were seal coated last year. She requested
that the City not pay the contractor when they perform the work on streets that are wet, as the
material just doesn't hold under those conditions.
Councilmember Black briefly highlighted item No's. 6.13 and 6.14.
Mayor Johnson encouraged Lunds, Inc. to participate in the Best Practices Program for tobacco
sales (item No. 6.18).
The motion carried to approve the Consent Agenda.
Public Hearings
7.1) Vacation of West Medicine_ L nke_ Privy Right -of -Way within. the NW 1/, of the SE 1/y
Section 10
Public Works Director Faulkner illustrated the proposed Vacation for part of the West Medicine
Lake Drive right-of-way within the NW 1/4 of the SETA, Section 10 based on a petition
submitted by Dean Johnson Homes, Mohsen Sadeghi, and Randy Johnson. He explained that
Dean Johnson Homes and S VK would then incorporate a portion of the vacated right-of-way
with the development of Wynfield Place and Hidden Meadows at Curtis Lake. Randy Johnson's
parcel is currently unplatted and not expected to be included in either plat. A condition for
recording each Vacation Resolution requires that each of the three properties provide sufficient
right-of-way for the necessary street access and needed drainage and utility easements including
the City standard easements. He noted that this Vacation also includes that part of West
Medicine Lake Drive right-of-way that runs through the City owned parcel located at the
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 5 of 11
southwest corner of Schmidt Lake Road and Northwest Boulevard. The City is considering
selling this parcel for development. Prior to closing on this property, the City would need to
establish right-of-way for existing Schmidt Lake Road, drainage and utility easements for
existing facilities and the City's standard drainage and utility easements along the perimeter of
the parcel.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councihnember Stein, and seconded by Councihnember Bildsoe to adopt
a Resolution Authorizing the Vacation of Part of Medicine Lake Drive West Right -of -Way
within the NW 1/4 of the SEI/4, Section 10-118-22-42-0002 (Res2004-149), Resolution
Authorizing the Vacation of Part of Medicine Lake Drive West Right -of -Way within the NW 1/4
of the SEI/4, Section 10-118-22-42-0004 (Res2004-150), Resolution Authorizing the Vacation
of Part of Medicine Lake Drive West Right -of -Way within the NW 1/4 of the SETA, Section 10-
118-22-42-0005 (Res2004-151), and Resolution Authorizing the Vacation of Part of Medicine
Lake Drive West Right -of -Way within the NW 1/4 of the SEI/4, Section 10-118-22-42-0006
Res2004-152), Resolution Authorizing the Vacation of Part of Medicine Lake Drive West
Right -of -Way within the NWl/4 of the SETA, Section 10-118-22-42-001 City Owned Property
Res2004-153), and Resolution Setting Conditions to be Met Prior to Filing of Resolution No's.
Vacating Part of Medicine Lake Drive West within the NW1/4 of the SETA, Section 10-118-22-
42 (Res2004-154). With all members voting in favor, the motion carried.
7.2) Conveyance of a Portion of Outlot G — Bass Lake Estates to Adjacent Property
Owners (9004)
Public Works Director Faulkner illustrated the proposed quit claim deeds conveying City owned
property to the adjacent property owners. He explained as part of the County Road 61
improvement project, the City and County, agreed to construct a six foot high, wood privacy
fence on part of Outlet G, Bass Lake Estates. The City also agreed to convey 15 feet of the
Outlot to each effected homeowner. The fence was constructed one foot inside that part of the
15 feet conveyed by the City. The fence would now be on private property and would be
maintained by the owners. Deeds were signed and recorded in October 2003. However, in the
process of filing these documents, four of the 13 deeds were not accepted for recording by the
Hennepin County's Registrar of Titles Office, as the conveyance description of Outlet G, Bass
Lake Estates was too complicated to convey to registered land. To simplify the description, the
City would be transferring all of Outlet G that lies between the northwesterly extensions of the
northeasterly and southwesterly lot lines for each lot. This includes the original 15 foot wide
portion of Outlot G as well as an additional 15 foot wide strip. As originally planned, all the
property in Outlet G would be encumbered by a drainage and utility easement. The additional
15 foot wide strip is also encumbered by an existing highway easement in favor of the County.
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 6 of 11
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made Councilmember Slavik, and seconded by Councihnember Bildsoe, to adopt a
Resolution Authorizing the Mayor and City Manager to Sign Four Quit Claim Deeds Conveying
Part of City Owned Outlot G, Bass Lake Estates (9004 — Res2004-155). With all members
voting in favor, the motion carried.
General Business
8.1) Award Bids for Iee Center Addition
Park and Recreation Director Blank reported on the bids that were received for the Ice Center
Addition. He explained the project was rebid a week ago, and due to some changes prior to
rebidding, it lowered the project cost by $571,000. He stated there were 22 categories that were
bid, and he recommended that the Council award the bid to the lowest responsible bidder in each
category as contained in the staff report and direct the Finance Director to establish financing in
the amount of $5,350,000 for this project. He stated $1,250,000 would be received from
Providence Academy, $725,000 would be received from the Wayzata Hockey Association,
1,500,000 would be received from an internal loan from the Ice Center, and $1,875,000 would
be received from park dedication fees. He noted the proposed increased hourly rate for use of
the facility. He then provided an overview of the project and recent changes that have been
made to the project.
Councilmember Slavik asked what the balance would be of the park dedication fund. Finance
Director Hahn replied there is currently a balance of $3.4 million prior to the start of this project.
Motion was made by Councihnember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Approving Bids for the Plymouth Ice Center Expansion (Res2004-156) Resolution
Approving Amended Documents for the Ice Center (Res2004-157), and a Resolution Approving
Agreement between the City and Wayzata Youth Hockey (Res2004-158).
The Mayor and Council thanked Providence Academy and Wayzata Hockey Association for
their financial support.
There being no further discussion and with all members voting in favor, the motion carried.
Greg Gibson, from the Wayzata Hockey Association, and Dan Frederick, from Providence
Academy, thanked the Council for their support and participation with this project. Mr.
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 7 of 11
Frederick presented a check to the Council in the amount of $500,000 as their first installment on
the project. Representatives of the Wayzata Junior Gold "A" team presented a check to the
Council on behalf of the Wayzata Hockey Association in the amount of $175,000.
8.2) Consider Conceptual Design of the County Road 73 and Highway 55 Plymouth
Metrolink Park and Ride (3125)
Public Services Manager Qvale provided the history of this project. She explained that they
applied for Federal funding for the southwest comer of this site (aka Kennedy site). The City
received notice that this project didn't receive Federal funding through the 2003 solicitation
process. However, the State did authorize $2 million of State bond funds for a park and ride
improvement in a trunk highway corridor. She noted that these funds couldn't be used for land
acquisition. Staff reviewed the Four Seasons site and the existing site at the southeast corner of
County Road 73 and Highway 55. She stated the current site would be the best option, and a
concept plan has been prepared for this site. She stated the total project cost for a facility at this
site would be $2,991,000. Of that amount, there would be $194,201 in National Transit
Database 2003 funds, $235,404 in National Transit Database 2004 funds, $2,000,000 in State
funds, and $561,395 in transit reserve funds. She noted that this facility would be a hub for the
park and ride system. In addition, they would also be able to construct a pond for water resource
management.
Jim Lasher, architect from LSA Design, illustrated the concept plan for the site and how the
facility would operate.
Councilmember Stein asked how many riders the transfer station would accommodate. Mr.
Lasher replied the capacity of four buses.
Councilmember Hewitt noted that this site wouldn't have any retail areas attached. Mr. Lasher
stated that is correct as the Minnesota Department of Transportation (MN/DOT) prefers that
there isn't a mixed use development since the site is in their right-of-way. He stated that if
County Road 73 would be improved in the fixture, this facility would remain at this location.
Councilmember Stein asked if other possible sites were reviewed in the City. Public Services
Manager Qvale replied they only reviewed existing park and ride facilities as the funds from
MN/DOT can't be used for land acquisition.
Councilmember Bildsoe asked what would attract riders to this site. Mr. Lasher replied there
would be additional parking and a time transfer use. This would be a hub where you would be
moving people from one location to the next.
Councilmember Bildsoe stated he is concerned that this isn't the best site as there are road access
issues.
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 8 of 11
Mr. Lasher explained there would be reorganization of the routes so the transfers don't occur on
I-394. It also would provide an opportunity to make a connection to Highway 169. He stated
transit facilities provide a logical and safe connection point for buses coming from Minneapolis
with reverse commuter services.
Councilmember Black asked if it's anticipated that this would impact the traffic that is occurring
at the Four Seasons location. Mr. Lasher replied they reviewed the Four Seasons district which
serves a different geographic population. He stressed that within this current structure, there is a
very limited funding system. The Four Seasons location would need to involve another funding
source.
Councilmember Neset asked what is the downside if the City doesn't utilize the MN/DOT funds.
Public Services Manager Qvale replied the funds would be reallocated, and there is definitely a
demand for these funds. She stated she is concerned about what type of message the City would
be sending which could impede future funding requests.
Mr. Lasher stated that in 1999/2000, the Council authorized a parking study, and a number of
sites were reviewed in the Highway 55 and I-394 area. The conclusion was that the majority of
the growth in mass transit would occur on Highways 55 and 169.
Mayor Johnson stated her biggest concern on this site was the future realignment of County
Road 73 and how that would impact the use and circulation of this site. If it's correct that the
design of this site would take into account any future realignment, she is very comfortable with
that. She stated she does feel that this is an opportunity to utilize State funds. She could support
a facility at this site.
Councibnember Bildsoe noted that the proposal this evening is very different than what the
Council previously considered. Therefore, he isn't prepared to support it this evening. He isn't
totally convinced that it takes into account a future County 73 realignment. He asked if the
Plymouth Advisory Committee on Transit (PACT) has reviewed this as well as the adjacent
neighborhood and commercial areas being notified. He suggested that this item be tabled to the
April 27 meeting.
Public Services Manager Qvale agreed that this project has changed since the Council previously
reviewed it. She stated PACT has reviewed the project, and they are in support of it.
Councilmember Hewitt stated that she is concerned about the funding and using approximately
600,000 in transit reserve funds.
Public Services Manager Qvale stated there is currently $1.6 million in the reserve funds, which
would still leave 25% of the fund balance, which staff is very comfortable with. She stated these
funds are dedicated transit funds, and the Metropolitan Council knows what the City has in
reserve funds.
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 9 of 11
Councilmember Slavik stated that she supports Councilmember Bildsoe's suggestion to table this
to April 27. She stated she would like notification to the adjacent neighborhood and commercial
area, and she would like projections for the facility.
Planning Manager Senness commented that this project doesn't require a formal process, but
there would be a public process at the Planning Commission meeting, and they would provide
information at that meeting.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to table
this item to April 27. With all members voting in favor, the motion carried.
9.3) Update on Wind Turbine Proposed Project
Councilmember Hewitt stated the proposed wind turbine project at Wayzata High School has
been on hold. She stated approximately two years ago the City's Zoning Ordinance was
amended to allow for this type of use. It was the Attorney General's opinion that schools
shouldn't be operating wind turbines for profit. Therefore, the school district has been reviewing
the possibility of the City being able to do this. It is the City Attorney's opinion that the City
could. She suggested that the Council conduct a joint Study Session with the Wayzata School
Board.
Alan Hopeman, Finance Director, reaffirmed the Attorney General's opinion. He explained they
would generate the amount of power that they would use over the course of the year with the
wind turbine. It would need to be structured so that the power goes on Excel's grid, and they
would purchase it from Excel. He stated they are currently working with the area legislators on
this issue. If this couldn't be corrected, they would like to partner with the City. He stated
currently they have submitted a grant application to Excel Energy. He stated they would support
a Joint Study Session with the Council.
Councilmember Black stated she supports the school district's efforts, and she would be
interested in forming a partnership with them on this.
Gregory Baufreld, School Board Chairman, echoed that they would like to meet jointly with the
Council.
Community Development Director Hurlburt stated no Conditional Use Permit has been applied
for. She stated with the Conditional Use Permit procedure, there would be a public notification
process for residents within 500 feet of the school district property.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
authorize staff to meet with Wayzata School District staff, coordinate/schedule a joint meeting
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 10 of 11
with the Council and the School Board, and notify residents in the Plum Tree and Conor
Meadows developments once a joint meeting has been scheduled. With all members voting in
favor, the motion carried.
8.3) Set Future Study Sessions
Council recommended that staff schedule a Study Session on May 4 at 5:30 p.m. to discuss two
economic development/redevelopment issues. Staff would report back to the Council if this
meeting would work for all parties involved.
City Manager Ahrens stated that she was contacted by the Chair of the Charter Commission on
conducting a joint meeting with the Council on the City primary election for Council seats. The
Council stated that they would schedule a joint meeting with the Charter Commission at a future
Study Session.
Councilmember Black requested to add water conservation to the Study Session topic list.
Councilmembers Slavik and Stein supported this request.
Councilmember Slavik stated she would like to discuss paperless agendas at a future Study
Session. Councilmember Bildsoe stated that he would prefer to see a report. Mayor Johnson
suggested that this item be discussed at the next Study Session.
Reports and Staff Recommendations
9.1) Legislative Update
Councilmember Black reported on zero depth pool issue. She explained the State Health
Department requires that a leisure pool has to be guarded at all times for anyone to enter. She
stated that LifeTime Fitness has had a rule that in the zero entry pools, adults have been
permitted at times when there are no lifeguards permitted. She stated that it's too late for this
legislative session to work on this issue, but hopefully this could be addressed during next year's
session.
Motion was made by Councilmember Black and seconded by Councilmember Hewitt to amend
the "Priority Issues for the 2004 Legislative Session" relating to construction delays by utility
companies. With all members voting in favor, the motion carried.
Mayor Johnson updated the Council on other legislative issues.
9.2) Update on Train Whistle Temporary Ban
Adopted Council Minutes
Regular Meeting of April 13, 2004
Page 11 of 11
Motion was made by Mayor Johnson and seconded by Councilmember Slavik to accept the
rep. With all members voting in favor, the motion carried.
Adiournment
Mayor Johnson declared the meeting adjourned at 9:55 p.m.
4h 0
Sandra R. Paulson, City Clerk