HomeMy WebLinkAboutCity Council Minutes 08-10-2004Adopted Minutes
Regular Council Meeting
August 10, 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 August 10, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Black, Hewitt, Slavik, Stein,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Public Works Director Faulkner, Finance Director Hahn, Park and Recreation Director
Blank, Captain Franz, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Contribution from Wayzata Hockey Association
Youth members of the Wayzata Hockey Association presented the second installment of
175,000 for the new sheet of ice at the Ice Center. Mayor Johnson thanked the association for
their contribution.
Motion was made by Councilmember Black and seconded by Councilmember Slavik to adoptta
Resolution Accepting the Donation from the Wayzata Hockey Association (Res2004-310). With
all members voting in favor, the motion carried.
4.02) Announcement of Councilmember Bildsoe serving on the State Board of Directors
for the DARA Program
Mayor Johnson congratulated Councilmember Bildsoe on his appointment to the State Board of
Directors for the DARE Program.
4.03) Announcement of Drug Discount Enrollment Event on August 11 at the Plymouth
Creek Center
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Regular Meeting of August 10, 2004
Page 2 of 9
Mayor Johnson announced the Drug Discount Enrollment Event on August 11 from 10:00 a.m.-
1:00 p.m. at the Plymouth Creek Center. She stated that Senator Norm Coleman would be
appearing at this event.
4.04) Update on Surface Water Task Joint Meeting with the City Council
City Manager Ahrens stated the Council conducted a joint meeting with the Surface Water Task
Force on August 11, and the task force presented their report and recommendations. She stated
the Council would begin to discuss their recommendations at the Council's Budget Study
Session on August 23.
Councilmember Black requested that staff send to each of the City's four watershed districts a
copy of the -task force's report along -with-actions-the-C-ouneiltoo- k- on -the report.- -- - ---
4.05) 4.05) Filings for City Offices
Mayor Johnson announced the filing period for the Ward 1, Ward 3, and At Large
Councilmember seats, which is August 24 through September 7 at 5:00 p.m.
Councilmembers Hewitt and Stein announced that they would be filing for re-election, while
Councilmember Neset announced that he wouldn't be filing for re-election.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
approve the agenda.
Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to re -discuss
the meeting with area legislators and candidates as item No. 8.5 under General Business. With
all members voting in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to remove
item No. 8.1 under General Business per request of the applicant. With all members voting in
favor, the motion carried.
The Council voted on the amended agenda, and with all members voting in favor, the motion
carried.
Consent Agenda
Adopted Council Minutes
Regular Meeting of August 10, 2004
Page 3 of 9
City Manager Ahrens stated comments from the Department of Natural Resources regarding
item No. 6.10 has been provided to the Council this evening. The City Attorney has reviewed
the language and has recommended approval of this item.
Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to
approve the Consent Agenda, which included the following items:
6.01) Minutes from the Special Meeting of July 13, Special Meeting of July 27, and Regular
Meeting of July 27.
6.02) Resolution Approving Disbursements for the Period Ending August 10, 2004 (Res2004-
311).
6.03) Resolution Approving Application to Extend the Licensed Premises for TGI Friday's,
d/b/a Italianni's, 220 Carlson Parkway (Res2004-312).
6.04) Resolution Approving a Site plan Amendment and Conditional Use Permit to allow a
Cold Storage Building in the Maintenance Complex at Clifton E. French Regional Park at 12655
County Road 9 (2004065 — Res2004-313).
6.05) Resolution Approving Variances for Setback and Impervious Surface Coverage to
Construct a Detached Garage and an Addition at 2475 Hemlock Lane (2004067 — Res2004-314).
6.06) Resolution Approving a Site Plan Amendment and Variances for Willow Woods Estates
located at 10810 South Shore Drive (2004068 — Res2004-315).
6.07) Resolution Approving a Conditional Use Permit to allow Construction of an 8 -foot High
Fence for Property located at 16110 14`h Avenue North (2004069 — Res2004-316).
6.08) Resolution Approving a Conditional Use Permit for Carlson and Harrington, Inc. to allow
Installation of Ground Equipment Accessory to an Existing Telecommunication tower in the
Forestview Lane Right -of -Way at the Northwest Corner of the Intersection of Forestview Lane
and Ridgemont Avenue (2004074 — Res2004-317).
6.09) Resolution Appointing Election Judges for the Primary and General Elections (2004-
318).
6.10) Ordinance Amending Chapter of the Plymouth City Code, entitled the Plymouth Zoning
Ordinance, Regarding the City's Floodplain Overlay District Regulations (2004050 — Ord2004-
14), Resolution Approving Findings of Fact for a Zoning Ordinance Text Amending Regarding
Mandatory Revisions to the City's Floodplain Overlay District Regulations (2004050 — Re2004-
319), and an Ordinance Approving Summary of Ordinance No. 2004-, Chapter 21 of the
Plymouth City Code Entitled the Plymouth Zoning Ordinance (Ord2004-15).
Adopted Council Minutes
Regular Meeting of August 10, 2004
Page 4 of 9
6.11) Resolution Approving an "All -Way" Stop at the Intersection of Plymouth Boulevard, 30'
Avenue North and the City Hall Entrance (Res2004-320).
6.12) Ordinance Revising and Replacing Ordinance 2004-10 which amended Chapter 21
Zoning Ordinance) of the City Code to Classify Certain Land located on the Southeast Corner
of the Intersection of Ferndale Road and County Road 6 (2004022 — Ord2004-16), Resolution
Revising and Replacing Resolution 2004-276 which Approved Findings of Fact for the Rezoning
of Property located on the Southeast Corner of the Intersection of Ferndale Road and County
Road 6 (2004022 — Res2004-321), Resolution Revising and Replacing Resolution 2004-277
which Approved a Preliminary and Final Plat for Waterdale Land Development, Inc. for
Ferndale Estates," for Three Two -Family Structures located on the Southeast Corner of the
Intersection of Ferndale Road and County Road 6 (2004022 — Res2004-322), and a Resolution
Revising and Replacing Resolution 20040-278 which Approved a Variance for Waterdale Land
Development, Inc. for Construction of Three Two -Family Structures to be called "Ferndale
Estates) located on the Southeast Corner of the Intersection of Femdale Road and County Road 6
2004022 — Res2004-323).
6.13) Resolution Approving Municipal Recycling Grant Agreement (Res2004-324).
6.14) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Bass Lake Playfield Drainageway Project (3131— Res2004-325).
6.15) Resolution Approving Request for Payment No. 4 and Final Peony/Troy Lane Project
1029 — Res2004-326).
6.16) Resolution Approving the Finding of No Loss and Authorizing the Mayor to Sign the
Certificate of Exemption Form for Wynfield Place (2003081 — Res2004-327).
6.17) Accept final Flood Analysis Report prepared by Short, Elliott, Hendrickson, Inc. for Site
9 (2615 and 2601 Jewel Lane).
6.18) Resolution Approving Final Release of Financial Guarantee for Wellswood Court
2001076 — Res2004-328).
The motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) Vacation of Drainage and Utility Easements within Lot 1, Block 1, Heritage West 2°d
Addition
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Regular Meeting of August 10, 2004
Page 5 of 9
Public Works Director Faulkner reported on the petitioned request of Dean and Reesa Shiff for
the vacation of the north six foot drainage and utility easement within Heritage West 2nd
Addition. He stated by vacating this drainage and utility easement, it would provide additional
area for the installation of a concrete slab associated with an in -ground swimming pool. He
explained the Council approved the encroachment agreement at the June 22 Council meeting
allowing a portion of the concrete slab to be constructed within the City's easement. Following
this approval, the applicants decided to expand the pool decking and needed more of the
easement area. He stated that encroachment agreements only allow the use of a small area of an
easement. Therefore, the easement would need to be vacated to accommodate the concrete
decking.
Mayor Johnson opened the public hearing for testimony.
Carl Hedberg, President of the Heritage West 2nd Addition Homeowners Association, stated the
homeowners association has agreed to grant this easement; however, they are requesting that the
outlot, that would be used for construction access, be re-established with greenery in its natural
state.
Dean Sbiff, applicant, stated they would re-establish the outlot back to its original state.
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 Bildsoe, and seconded by Councilmember Slavik, to adop
Mayor Johnson asked if there could be a condition of the approval that there be restoration of the
outlot. City Attorney Knutson replied that issue would need to be resolved by the homeowners
association and applicant; however, it doesn't appear to be an issue with this project.
There being no further discussion and with all members voting in favor, the motion carried.
7.2) Vacation of 27th Avenue within Medicine Lake Park 3rd Division
Public Works Director Faulkner reported on the petitioned request from four property owners
adjacent to the north and south of 27th Avenue to vacate all of 27`h Avenue right-of-way lying
between Pilgrim Lane and Nathan Lane. He explained there are no City utilities within this
right-of-way, and the portion of 27th Avenue to the immediate west of Pilgrim Lane was vacated
in 1979. He stated that a six-foot drainage and utility easement on either side of 27th Avenue
Adopted Council Minutes
Regular Meeting of August 10, 2004
Page 6 of 9
centerline would be required from each of the four property owners prior to the recording of the
vacation resolution.
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.
Medicine Lake Park Third Division (Res2004-332). With all members voting in favor, the
motion carried.
General Business
8.1) Variance for Lot Width to allow a Minor Subdivision to Create Two Lots for
Property located at 5780 Oakview Lane North (Boyer Palmer — 2004054)
This item was removed from the agenda per request of the applicant).
8.2) Award Sale of General Obligation Bonds for Public Safety Building Expansion
Finance Director Hahn reported on the bids received for the sale of general obligation bonds for
the Public Safety Building expansion. He recommended that the Council award the tax-exempt
issue of $7,480,000 to Piper Jaffray and Company and Associates at a true interest rate of
4.1685%.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a
Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of $7,480,000 General Obligation Capital hnprovement Plan Bonds,
Series 2004A (Res2004-334). With all members voting in favor, the motion carried.
8.3) Resolution Encouraging Hennepin County to consider whether to enact Smoking Ban
Issue on a County -Wide Basis
Councilmember Hewitt stated many cities and counties have recently been discussing smoking
bans. She stated that Hennepin County asked if any cities would be interested in a smoking ban
on a County -wide basis. She indicated that she would be supportive of this type of ban rather
than a City ban. She stated the County Board would be soliciting public input in the next few
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Regular Meeting of August 10, 2004
Page 7 of 9
weeks. She would like to see a resolution similar to the City of Eden Prairie's that was in the
packet materials.
Councilmember Black asked why the proposed resolution prepared by staff was a shortened
version compared to the cities of Bloomington and Eden Prairie's that were in the packet
materials. City Manager Ahrens replied since the Council hadn't really discussed this issue, staff
presented a third option that was basically requesting the County Board of Commissioners to
consider whether to enact a county -wide smoking ban.
Mayor Johnson stated the City of Eden Prairie had really studied this issue, and their resolution
is reflective of that. Therefore, she isn't convinced that the City should use their language. She
stated she believes the State should also look at smoking bans. She stated it's very important to
include business owners' input.
Councilmember Black stated she would support a smoking ban on a County -wide basis.
Councilmember Bildsoe stated that he supports the resolution drafted by staff. He noted that the
cities of Bloomington and Eden Prairie are referenced in the resolution.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Urging Hennepin County Board of Commissioners to consider whether to Enact a
County -Wide Smoke Free Ordinance Prohibiting Smoking in Places of Employment and
Restaurants (Res2004-3 3 5) with deleting the words "consider whether to" in the last para rgraph
of the resolution.
Mayor Johnson stated she would like the opportunity to discuss this issue further with the
Council and provide an opportunity for residents to provide input.
Councihnember Black stated that the County Board would be having a public process for input
Councilmember Slavik requested a friendly amendment to remove "by" and insert "that" in the
last paragraph of the resolution as well as deleting "to consider whether" in the title of the
resolution. Councihnembers Black and Hewitt accepted this amendment.
Councilmember Slavik stated that she wouldn't be supporting this motion. She stated by law,
business owners are required to provide a smoke free area for their employees. She questioned
why the Council would support a ban for workplaces when they wouldn't be affected. In
addition, many businesses have a designated room or area where smokers can smoke.
Motion was made by Johnson, and seconded by Stein, to postpone this item to a Council Study
Session.
Adopted Council Minutes
Regular Meeting of August 10, 2004
Page 8 of 9
Councilmember Bildsoe stated the County Board would be soliciting input until August 24 and
debating the issue on September 14. Therefore, a Council Study Session would need to be
conducted rather quickly. He encouraged Councihnembers and residents to contact the County
Commissioners.
Mayor Johnson reiterated what she perceives as a need for employees and businesses to provide
their input which is why she supports a Study Session.
There being no further discussion and with all members voting against the motion but Johnson,
the motion failed.
Mayor Johnson stated this is more of a schematic issue for her and how the Resolution is
worded. Therefore, she wouldn't be supporting the motion. She stated that she liked how staff's
proposed Resolution was worded before it was amended. She stated she is supportive of the
County Board reviewing the issue.
There being no further discussion and with all members voting in favor but Slavik and Johnson,
the motion carried.
8.4) Appointment to Park and Recreation Advisory Commission
Mayor Johnson announced that Mary Meyer has submitted her resignation from the Park and
Recreation Advisory Commission as the Ward 2 representative.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to move
Ron Fiemann, who currently serves at an At Large representative, to the Ward 2 seat retains
current term that would expire January 31, 2006) and appoint Seth Pederson to the At Large seat
with a term to expire January 31, 2006. With all members voting in favor, the motion carried.
8.5) Meeting with Area Legislators and Candidates
Mayor Johnson stated the Council previously requested staff to schedule a meeting with area
legislators and candidates either on September 20 or September 21. She stated it appears that
most could attend on September 21. However, she stated she has a conflict that evening in her
capacity of serving as First Vice President on the League of Minnesota Cities Board. She asked
the Council if they would be willing to recommend other date(s) to meet with the legislators and
candidates.
The Council stated that they would be willing to reschedule this meeting.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to
direct staff to contact the area legislators and candidates about meeting either on September 27 or
September 29. With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of August 10, 2004
Page 9 of 9
Reports and Staff Recommendations
There were no reports and staff recommendations).
Adiournment
Mayor Johnson adjourned the meeting at 8:07 p.m.
Sandra R. Paulson, City Clerk