HomeMy WebLinkAboutCity Council Minutes 10-28-2003Adopted Minutes
Regular Council Meeting
October 28, 2003
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 October 28, 2003.
COUNCIL PRESENT: Mayor Johnson, Councihnembers Black, Stein, Bildsoe, Slavik, Hewitt,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Planning Manager Senness, Finance Manager Jacobson, Recreation Director Evans, Building
Official Ryan, Public Works Director Faulkner, Police Chief Gerdes, City Attorney Knutson, and
City Clerk Paulson.
Plymouth Forum
Terrie Christian, 9910 South Shore Drive, requested that there be a reallocation of $600,000 in
surface water management funds for improvements to Medicine Lake. She explained that the
wetland detention ponds that would be constructed on the east side of Medicine Lake would be
paid for by the approved ad valorem tax within the Bassett Creek Watershed District. She noted
the amount of erosion that is occurring on the lake as a result of retail developments on County
Road 9. She stated on the north side of French Park, the County would be assisting in paying for
detention ponds. However, this wouldn't address the continuous erosion that is occurring. She
stated previously, there were plans to repair the erosion at an approximate cost of $300,000. She
suggested the remaining $300,000 be earmarked to begin the restoration of the Plymouth Creek
drainage district. This is the location where the majority of the phosphorous is entering the lake.
Mayor Johnson thanked Ms. Christian for her comments, and they would be considered when
there is further discussion on the surface water management fee.
Presentations and Public Information Announcements
Mayor Johnson announced that Laurie Ahrens would serve as the City's Interim City Manager.
4.01) Introduction of Mark Voxland, Mayor of Moorhead, and President of the League of
Minnesota Cities
Mayor Johnson introduced Mayor Mark Voxland from the City of Moorhead. She explained that
the cities of Moorhead and Plymouth are participating in a city official exchange program
through the League of Minnesota Cities.
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Regular Meeting of October 28, 2003
Page 2 of 12
She read a Resolution Accepting Disorderly Annexation of the City of Plymouth by the City of
Moorhead. She stressed that this Resolution is in the spirit of fun.
Motion was made by Mayor Johnson, and seconded by Councilmember Black, to adopt the
Resolution (Res2003-459). With all members voting in favor, the motion carried.
Mayor Voxland thanked the City of Plymouth for their warm reception and hospitality.
4.02) Commendation to Kristen Spencer
Mayor Johnson and the Council presented a certificate of appreciation to Kristen Spencer for her
efforts in assisting a store in apprehending suspects.
4.03) Announcement of Wayzata School District 284 Referendum
Dr. Paul Beilfuss, Superintendent of School District 284, discussed the operating referendum that
would be on the November 4 election ballot. He invited residents to attend an informational
meeting at the Central Middle School on October 29 at 7:00 p.m.
4.04) Announcement of "Grow Minnesota" initiative (Twin West Chamber of Commerce)
Larry Brausch, John Benson, Dee Stuart, and Barb Obershaw reported on the "Grow Minnesota"
initiative by the Twin West Chamber of Commerce. The goal is to visit 50 businesses within the
City during the next year in order to discuss creating and retaining jobs in the community.
Mayor Johnson announced the Mayor's Housing Challenge on November 15 and the Council's
involvement with the sleepout on November 21.
Approval of Aeenda
Mayor Johnson added the scheduling of future Study Sessions as item No. 9.2 under Reports and
Recommendations.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Aeenda
Councilmember Slavik removed item No. 6.28, and it was placed under General Business as
item No. 8.3.
Councilmember Bildsoe removed item No. 6.07, and it was placed under General Business as
item No. 8.4.
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 3 of 12
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to
approve the amended Consent Agenda, which included the following items:
6.01) Minutes from the Regular Meeting of October 14 and Special Meeting of October 21.
6.02) Resolution Approving Disbursements for the Period ending October 17, 2003 (Res2003-
460).
6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Oakwood
Elementary School PTA (Res2003-461).
6.04) Resolution Finding No Objection to Lawful Gambling Exemption for Vision of Glory of
Church (Res2003-462).
6.05) Resolution Approving change in Licensee's Name for Noodles and Company (Res2003-
463).
6.06) Resolution Approving Variance Request for Journey Foods, LLC (Culvers) for Property
located at 4335 Peony Lane North (2003 101 — Res2003-464).
6.07) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
6.08) Resolution Approving a Site Plan Amendment for an up to 34,000 square foot Addition
and Interim Use Permit for Parking for Honeywell, Inc., located at 12001 State Highway 55
2003 100 — Res2003-465).
6.09) Resolution Approving a Variance to allow a 48.7 foot Rear -Yard Setback from
Cavanaugh Lake for a Home and Deck Addition at 310 Sycamore Lane North (2003109 —
Res2003-466).
6.10) Resolution Amending and Restating Resolution No. 2003-361 Approving Variances for
Redevelopment of an Undersized Lot and Impervious Surface Coverage to allow Construction of
a New Single -Family Home at 2426 Hemlock Lane North (2003072 — Res2003-467).
6.11) Resolution Soliciting Proposals for Construction Management Services on the Plymouth
Ice Center (Res2003-468).
6.12) Resolution Approving Blanket Partnership Agreement with Minnesota Department of
Transportation (Res2003-469).
6.13) Resolution Approving Agreement No. 78789 with the Minnesota Department of
Transportation (Res2003-470).
6.14) Resolution Approving Agreement with Bassett Creek Watershed Management
Commission for Construction of the Medicine Lake Water Quality Ponds (2037 — Res2003-471).
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Regular Meeting of October 28, 2003
Page 4 of 12
6.15) Resolution Approving Encroachment Agreement for Retaining Wall Construction at 1495
Kingsview Lane North (Res2003-472).
6.16) Resolution Approving Change Order No. 2 for County Road 101 Landscape
Improvements (9005- Res2003-473) and a Resolution Requesting Payment No. 4 and Final
County Road 101 Landscape Improvements (9005 — Res2003-474).
6.17) Resolution Approving Change Order No. 1 for Schmidt Lake Road/Vicksburg Lane
Signal and Utility Improvements (3116 — Res2003-475).
6.18) Resolution Calling for Hearing on Improvements for 2004 Street Reconstruction Project
for Kingsview Lane/4a' Avenue (4012 — Res2003-476).
6.19) Resolution Authorizing the Mayor to Sign the Certificate of Exemption for the Wetland
Conservation Act for John Gelderman, CSM Corporation (Res2003-477).
6.20) Resolution Amending Resolution 2003-017, Approving Public Improvement and
Adopting Assessments (Res2003-478).
6.21) Resolution Approving Agreement between the City of Plymouth and Hennepin County
Environmental Services (Res2003-479).
6.22) Resolution Accepting Donation of a Garmin 320 Handheld GPS Navigator for City
Equipment and Designating Such Equipment for use by the Engineering Division (Res2003-
480).
6.23) Resolution Approving Bids for Playground Equipment at The Reserve Playground
Res2003-481).
6.24) Resolution Affirming Conservation Status of Parcel 35-118-22-11-0026 and Requesting
Conveyance to the City for Drainage Purposes (Res2003-482).
6.25) Resolution Approving Gasoline Service Station License for Faris Samawi, d/b/a S & S
Amoco, 3955 Vinewood Lane North (Res2003-483).
6.26) Approving Tobacco License for Faris Samawi, d/b/a S & S Amoco, 3955 Vinewood Lane
North (Res2003-484).
6.27) Resolution Approving Transfer of Funds and Authorizing Soliciting Bids for an
Excavator, Truck, and Trailer (Res2003-485).
6.28) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.29) Resolution Authorizing the City Manager to Accept Grant Funds from Hennepin County
Emergency Preparedness (Res2003-486).
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Regular Meeting of October 28, 2003
Page 5 of 12
6.30) Resolution Authorizing the City to Accept Cops Grant Funds from the U.S. Department
of Justice Awarded through the Metropolitan Radio Board (Res2003-487).
6.31) Resolution Approving Sanitary Sewer Service Agreement between the Cities of Maple
Grove and Plymouth for PlymouthNicksburg Lane Connection (3106 — Res2003-488).
Councilmember Hewitt stated she would be abstaining from item No. 6.03 due to a conflict of
interest.
The motion carried to approve the Consent Agenda.
Public Hearines
7.1) Assessment Hearing for 2003 Street Reconstruction Project, Mission Ponds area
3101)
Public Works Director Faulkner illustrated the street reconstruction area. He stated the final cost
of the project is $1,503,420.22. Of that amount, the City would be assessing $267,335.28. He
stated assessments would be assessed over five years at four percent interest.
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 Councilmember Black, and seconded by Councilmember Slavik, to ado tea
Resolution Adopting Assessments for 2003 Street Reconstruction, Mission Area (3 101 -
Res2003-489). With all members voting in favor, the motion carried.
7.2) Assessment Hearing on 2003 Weed Eradication and Destruction, Roll I
Finance Manager Jacobson reported on the proposed assessment roll for 2003 weed eradication
and destruction.
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 Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt
a Resolution Adopting Assessments for 2003 Weed Eradication and Destruction, Roll I
Res2003-490). With all members voting in favor, the motion carried.
General Business
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 6 of 12
8.1) Policy Probibiting Tobacco in Parks
Recreation Supervisor Evans discussed three options for the Council's consideration for a
tobacco free use policy for the City's parks and recreation facilities. Option One would state that
no person would be allowed to use tobacco products on City -owned parkland, park facilities,
open space or joint City/school district properties. Option Two would state that no person would
be allowed to use tobacco products on City -owned beaches, skating rinks, playgrounds, skate
parks, joint City/school district properties and the Millennium Garden, including spectator areas,
restrooms, and concession stands. Option Three would be that if requested by an activity or
program sponsor, no person would be allowed to use tobacco products on City -owned property
or athletic play fields, including spectator areas, restrooms, concession stands while those areas
are being used for any organized youth events or athletic activities. She noted that the Park and
Recreation Advisory Commission (FRAC) and the Youth Advisory Council recommended
adoption of Option One. She noted that condition 5 of the Council has been amended to state
that there would be voluntary compliance rather than making a violation a misdemeanor.
City Attorney Knutson commented that a misdemeanor would be a $1,000 fine and up to 90 days
in jail.
Councilmember Hewitt asked if the Ice Center would be included in Option Two, and she noted
her concern of the congregation of smokers outside of the facility. Park and Recreation Director
Blank replied that the Ice Center would be included in Option Two.
Brittany Meyers, Director of the Tobacco -Free Youth Recreation Initiative, reiterated
information that she previously discussed with the Council at a Study Session in May. She
spoke of the advantages for tobacco -free policies for outdoor facilities. She also commented that
the Wayzata and Robbinsdale School Districts already have tobacco free policies on their
properties, and their organization has provided signage for those school districts. She illustrated
the 32 communities in the State that have tobacco free policies.
Mayor Johnson noted that the Council had received correspondence from Pamela Werb and
Sonja Savre who support a tobacco free use policy for the City's parks and recreation facilities.
Dr. Michael Stiegler, 4115 Forestview Lane North, voiced his support for this type of policy
from a physician point of view. He stated these type of initiatives work better at a public health
level rather than at a clinic setting. He stated the simpler the policy is, the more effective it
would be. He stated as a resident, he doesn't feel that smokers should be able to smoke around
public places exposing individuals who don't want exposure to second hand smoke.
Ellie Singer, 10115 291h Avenue North, stated she is President of the Minnesota Youth Hockey
Association and a member of PRAC, and she urged the Council to approve Option One with the
amendment to condition No. 5.
Terri Hyduke, 405 Upland Lane, stated she is president of Childrens Care Network, who works
with clinics and physicians on tobacco assessment and advice and second hand smoke. She
requested the Council to approve Option One.
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Regular Meeting of October 28, 2003
Page 7 of 12
Dr. Diane Meier, from Partners in Pediatrics, requested the Council to approve Option One, not
only for youth but for all Plymouth residents. She stated by adopting this Option, the Council
would be sending a positive message to youth to not start tobacco usage.
Alison Horstman, 4905 Jewel Lane North, voiced her support for Option One as it would
eliminate a lot of confusion.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve
a Resolution Adontina a Tobacco -Free Policy on City -Owned Parkland Park Facilities, Open
Spaces, or Joint City/School District Properties (Option One — Res2003-49n.
Mayor Johnson asked if this policy would affect the Plymouth Creek Center for rentals. Park
and Recreation Director Blank replied yes. He stated currently, there is a smoking zone of the
east side of the facility, and people are also able to smoke on the deck. He stated if this policy is
approved, use of tobacco products on the grounds would be prohibited.
Mayor Johnson stated she could have an issue with this as the City is competing with private
businesses with the use the Plymouth Creek Center. She stated she is also concerned that this
policy would affect the City trails and the public parking lots.
Councilmember Bildsoe asked how the policy would be enforced for Music in Plymouth. Park
and Recreation Director Blank stated the park would be signed accordingly.
Recreation Director Evans reminded the Council that it would be prohibited to use tobacco
products in park facilities, but it would be voluntary compliance.
Ms. Meyer suggested that if there are concerns in some areas, those areas could be exempt in
order to experiment the policy for a year. She noted that at times there is a different perception
depending on the placement of signs. She also stated that public education is so important.
Motion was made by Mayor Johnson, and seconded by Councilmember Slavik, to exempt the
Plymouth Creek Center, exempt private vehicles in City -owned parking lots, and exempt Citv
trails.
Mayor Johnson stated that trails are considered open space for everyone, including those who
use tobacco products, and they are encouraged to use them. She also stated that she doesn't
believe the City could prohibit individuals from using tobacco products in their own vehicles.
Councilmember Black spoke against exempting the trails. She stated this is an activity that
doesn't need to be occurring on the trails.
Councilmember Bildsoe suggested that the main question be divided.
Councilmember Neset voiced his support for Option One as proposed. He stated he would be
willing to exempting bookings at the Plymouth Creek Center that were made prior to this date.
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 8 of 12
Councilmember Slavik stated she would also support exempting bookings made at the Plymouth
Creek Center prior to today as there was an expectation from individuals regarding the use of
tobacco products on the property when they reserved the facility. She stated regarding
exempting trails, there is no place to dispose of the cigarette butts except on the ground. She
stated that she would support exempting individuals who are in their private vehicles in the
parking lots.
Councilmember Stein stated that he wouldn't support exempting the trails. He asked if people
who are reserving the Plymouth Creek Center typically ask if smoking is allowed. Park and
Recreation Director Blank replied no, as they understand that it is a smoke free building.
Councilmember Hewitt stated that she wouldn't support exempting trails, and she stated that
there could be a fire hazard with allowing that type of activity on the trails. She also wouldn't
support exempting the parking lot at the Plymouth Creek Center.
Mayor Johnson noted that there is a littering ordinance for enforcement purposes, but the
Council might want to consider the placement of ashtrays outside of the Plymouth Creek Center.
She reiterated that the Plymouth Creek Center is operated like a business, which is different than
other park facilities. Therefore, she would prefer to be more cautious when it involves rental of
space. She suggested that there be a defined area outside of the building for smokers.
The Council divided the question as proposed.
The Council voted on the first part of the question, which was to exempt the Plymouth Creek
Center. With Black, Neset, Hewitt, and Stein voting no, and Bildsoe, Slavik, and Johnson voting
yes, the motion failed.
The Council voted on the second part of the question, which was to exempt private vehicles in
City -owned parking lots. With Black, Bildsoe, Slavik, and Johnson voting yes, and Neset,
Hewitt, and Stein voting no, the motion carried.
The Council voted on the third part of the question, which was to exempt City trails. With all
members voting against the motion but Johnson, the motion failed.
Mayor Johnson and Councilmember Slavik suggested that any Plymouth Creek Center bookings
prior to this date be grandfathered in.
Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to exempt
Plymouth Creek Center bookings prior to this date. With all members voting in favor but
Hewitt, the motion carried.
The Council voted on the amended main motion to adopt Option One with the deletion of
condition 5, and the approved amendments to exempt private vehicles in City -owned parking lots
and Plymouth Creek Center bookings prior to this date. With all members voting in favor but
Johnson, the motion carried.
The Council took a 10 -minute break.
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 9 of 12
8.2) Flood Analysis Report from City Consultant
Public Works Director Faulkner discussed the flood analysis report prepared by SEH for four of
the six designated study areas. He requested that the Council receive the consultant's report on
four of the six sites authorized for flood analysis and direct staff to meet with the affected
property owners to review alternatives. In addition, he recommended that the Plymouth Ponds
Apartments be added as site seven to the consultant's flood analysis and be included in the final
report along with the remaining two sites. After these final three reports are completed, staff
recommends that they meet with affected property owners to explain the alternatives. A Council
Study Session would then be set to consider which options to pursue for all seven sites and
discuss funding.
Councilmember Black asked if any of the work could be performed in the winter. Public Works
Director Faulkner replied there are possibly some elements that could be completed, but he's
unsure if it's more critical to do it in the winter versus the spring. He noted that there is one
pond contained in the report that could possibly be cleaned out this winter if a Study Session
would be scheduled.
Ellen Feuling, 1506 Weston Lane, stated they have had water problems at this address for 25
years. She stated these problems were discussed 12 years ago, and seven options were reviewed.
She noted that in 1995, she received correspondence from staff that the City couldn't justify the
repairs. She stated that their home was constructed two feet below the approved level. There
have also been sewer projects in the area that have added to the amount of water in their yard.
Brad Kuhns, 11235 52nd Avenue North, stated with the heavy rainfall on June 25, 2003, the
water rose above the basement windows of his house, and six to seven inches up the side of his
house. He stated the study outlines the definition of a 100 year flood, and in the past three years
that he has lived here, it has happened once, and it will occur again unless some corrective action
is taken.
Jacki Occo, 1530 Weston Lane North, voiced her frustration on how their situation has been
addressed with the League of Minnesota Cities Insurance Trust, the City's insurance carrier. She
believes that if the culvert had been sealed properly, there probably wouldn't have been the
flooding to the degree that it did. She stated it's extremely important that this issue be resolved
as soon as possible as she teaches out of her home.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to approve
staff's recommendation, and the Council be noticed on the neighborhood meetings. With all
members voting in favor, the motion carried.
8.3) Consideration of Closing of Five Skating Rinks
Park and Recreation Director Blank reported on the recommendation to close the pleasure
skating rinks at Circle Park, Pilgrim Lane Elementary, Green Oaks Park, Sunset Hill Elementary,
and Kilmer Park. He stated these rinks have no warming houses or lights. Staff has noticed the
past few years that there is less and less skating taking place on the smaller pleasure rinks where
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 10 of 12
there are no amenities such as lights, warming houses, and restrooms. He noted that there are
many priorities in 2004, and the park maintenance staff has stretched the limit of their resources
to adequately provide service in a number of areas.
Mayor Johnson asked if volunteers could assist with the keeping the rinks open. Park and
Recreation Director Blank replied that would not be a practical solution as the rinks are flooded
with tanker trucks.
Mayor Johnson asked if this is more of a staff or equipment issue in keeping the rinks open.
Park and Recreation Director Blank replied it's a staffing issue.
Councilmember Slavik stated she is saddened to see these skating rinks close. She asked if there
are a lot of complaints with the closing of these rinks, could staff flood them. Park and
Recreation Director Blank stated if that would be the case, staff would prefer to add it back in
next year.
Councilmember Slavik noted there wasn't any type of notification to the neighborhood, and there
could be the expectation that the rinks would be in operation. She asked how far these rinks are
from existing skating rinks. Park and Recreation Director Blank replied all these neighborhoods
are within two blocks except for Green Oaks which is six blocks.
Motion was made by Councilmember Slavik, and seconded by Councilmember Neset, adopt a
Resolution Approving Closing of Skating Rinks (Res2003-492). With all members voting in
favor, the motion carried.
8.4) Consider Site Plan, Preliminary Plat, and Variance for "The Woods at Medicine
Lake," (Quest Real Estate, Inc. — 2003089)
Councilmember Bildsoe voiced his concerns related to the Preliminary Plat and Variances
relating to fire protection, private driveway, and guest parking. He noted that there isn't a lot of
room at the site due to the wetland.
Mayor Johnson agreed with Councilmember Bildsoe.
Mayor Johnson asked if there still is a private street in the development. Planning Manager
Senness replied yes. She explained that staff met with the developer, and when they reviewed
the right-of-way to upgrade South Shore Drive along with the wetland and impact to this site, it
was suggested that the developer consider a private street. She noted that the street would be
narrow enough in order to give the appearance that it's not a public street.
Planning Manager Senness stated that guest parking isn't required by the City Code, but staff is
always concerned in constructing this type of parking. She stated because this is a difficult site,
the developer was only able to identify two sites. She also noted that there is no parking on
South Shore Drive because it's too narrow. However, in the future, South Shore Drive might be
widened which would provide for on street parking.
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 11 of 12
Councilmember Bildsoe stated even though this development meets the density requirements, it
appears that there are four units too many, which he feels affects the quality of life.
Councilmember Neset stated it appears that the access for emergency vehicles seems tight.
Planning Manager Senness stated the emergency vehicle access is addressed in the Variance
request. She also stated that the units would be sprinklered.
Councilmember Neset stated he is concerned about motorists parking on the street when
emergency vehicles would need to back out at the end of the private drive.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to table
this item to November 10.
Planning Manager Senness stated that timeframe would be very tight for staff as reports for the
packets would need to be submitted next week for the November 10 packet.
Councilmembers Black and Stein withdrew their motion.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to table
this item to November 25.
Jim Waters, from Quest Development, Inc., stated they would discuss the Council's concerns
with staff. He explained they purchased this site over a year ago, and based on the engineering
reports, there was less wetland than what they have come to tmderstand. There are wetland
issues with the site, and they have prepared a wetland replacement plan. He acknowledged that
with the private drive, there could be problems with people driving from one end to another.
They also understand the Council's concern regarding emergency vehicle access.
There being no further discussion and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Accept 2002 Financial Trend Report
Finance Manager Jacobson discussed the 2002 financial trend report.
Motion was made by Councilmember Slavik, and seconded Councilmember Bildsoe, to accept
the financial trend report. With all members voting in favor, the motion carried.
9.2) Setting of Future Study Sessions
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
approve the proposed schedule for the City Manager selection process. With all members voting
in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of October 28, 2003
Page 12 of 12
The Council updated the pending Study Session list.
Councilmember Slavik encouraged the Council to attend the Citizen Academy. Mayor Johnson
requested that information on this academy be resent to the Council.
Adiournment
Mayor Johnson recessed the meeting to Applebee's and reconvene the meeting at 9:30 p.m.
With all members voting in favor, the motion carried.
7
andra R. Paulson, City Clerk