HomeMy WebLinkAboutCity Council Minutes 11-10-2003Adopted Minutes
Regular Council Meeting
November 10, 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 November 10, 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Stein, Bildsoe, Slavik, Hewitt,
and Neset.
ABSENT: None.
STAFF PRESENT: Assistant City Manager Ahrens, Deputy Fire Chief Hurr, Community
Development Director Hurlburt, Park and Recreation Director Blank, Finance Manager
Jacobson, Public Works Director Faulkner, Police Captain Goldstein, Housing Manager Barnes,
Water Resources Technician Asche, City Engineer Quanbeck, Recycling Coordinator Hageman,
Street Leadperson Newberger, City Attorney, and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Proclamation Declaring "Housing Week" and Announcement of Sleep -Out
Challenge for Affordable Housing
Mayor Johnson read the Proclamation declaring November 15-22 as "Housing Week." She also
announced the Mayor's Housing Challenge on November 21-22.
Bob Fisher spoke of his plans to sleep outside until $1 million is raised for Interfaith Outreach
and Community Partners IOCP) to assist in affordable housing. He thanked the Mayor and the
Council for their leadership in coordinating the Mayor's Housing Challenge. Jill Kohler,
representative of IOCP, also thanked the Council for their participation.
4.02) Proclamation Declaring "America Recycles Day"
Solid Waste Coordinator Hageman reported on "America Recycles Day."
Mayor Johnson read the Proclamation declaring November 15 as "America Recycles Day."
Approval of Agenda
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 2 of 8
Councilmember Bildsoe requested to discuss establishing bidder criteria as item No. 9.2 under
Reports and Staff Recommendations.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
approve the Consent Agenda, which included the following items:
6.01) Minutes from the Special Meetings of September 20 and October 28.
6.02) Resolution Approving Disbursements for the Period ending October 31, 2003 (Res2003-
493).
6.03) Resolution Approving a Site Plan to allow a 13,013 square foot CVS Pharmacy Store at
the Southeast Corner of State Highway 55 and County Road 101 (2003099 — Res2003-494).
6.04) Resolution Approving a Final Plat and Development Contract for "Bridgeport" for
Schuett Real Estate Group LLC, for Property located at 4395 Juneau Lane North (2003046-F —
Res2003-495), and a Resolution Adopting Assessments for Sanitary Sewer and Watermain Area
for Bridgeport Addition (3133 — Res2003-496).
6.05) Resolution Finding No Objection to Lawful Gambling Exemption for Sunset Hill PTA
Res2003-497).
6.06) Resolution Authorizing Application for the Tax Base Revitalization Account for Stone
Creek Village (Res2003-498), and a Resolution Approving the Application, Committing Local
Match, and Authorizing Contract Signatures for the Department of Employee and Economic
Development's Contamination Cleanup Grant Program on behalf of Dominium Development
Res2003-499).
6.07) Revising and Replacing Resolution 2003-339 Approving Site Plan and Variances for the
City of Plymouth to allow Construction of Well House No. 14, 4300 Lancaster Lane North
2003068 — Res2003-500).
6.08) Resolution Approving Payment No. 4 and Final for County Road 9 Landscape
Improvements (4002 — Res2003-501).
6.09) Resolution Approving Payment No. 3 and Final for Old Rockford Road Trail
Improvements (20 10 — Res2003-502).
6.10) Resolution Approving Payment No. 4 and Final Traffic Control Signal Systems for
Vicksburg Lane/Old Rockford Road (1040) and Peony Lane/Schmidt Lake Road (1028 —
Res2003-503).
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 3 of 8
6.11) Resolution Approving Amended and Restated Joint Powers Agreement establishing the
Elm Creek Watershed Management Commission (tabled until November 25).
6.12) Resolution Approving 2002, 2003, National Transit Database Funding Project (Res2003-
504).
6.13) Resolution Approving Change Order No. 2 for Old Rockford/Peony Lane Traffic Signal
and Turn Lane (2009 — Res2003-505).
6.14) Resolution Approving Encroachment Agreement for Retaining Wall Construction at 4946
Weston Court North (Res2003-506).
6.15) Resolution Approving Change Order No. 3 for Plymouth Boulevard Median
Improvements (2003 — Res2003-507).
6.16.1) Resolution Accepting the Street and Utility Construction for Plymouth Tree East 4'h
Addition (20045 — Res2003-508).
6.16.2) Resolution Accepting the Street and Utility Construction for Plum Tree East 5th
Addition (20084 — Res2003-509).
6.16.3) Resolution Accepting the Street and Utility Construction for Plum Tree East 6U'
Addition (2001015 — Res2003-510).
6.17) Resolution Approving Final Release of Financial Guarantee for Hilltop of Plymouth
Addition (20003 — Res2003-51 1).
6.18) Resolution Authorizing the City to Accept Grant Funds from the Target Corporation
Grant Program for the Purchase of Graphics for a Police Department DARE Vehicle (Res2003-
512).
6.19) Ordinance Amending Sections 105 and 1140 of the Plymouth City code Concerning
Peddlers and Solicitors (Ord2003-32).
6.20) Resolution Authorizing an Increase in Compensation for the Department Members
Participating in the Radiological Response Program through the State of Minnesota Department
of Public Safety, Division of Emergency Management Contract (Res2003-513).
6.21) Resolution Authorizing Purchase of a Current Model Excavator, Trailer, and Used Truck
Res2003-514).
6.22) Resolution Receiving Preliminary Engineering Report for 2004 Street Reconstruction
Project for Kingsview Lane/4"' Avenue (4102 — Res2003-515).
Councilmember Slavik noted a typographical error on the ordinance for item No. 6.19.
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 4 of 8
A discussion was held on item No. 6.11. Councilmember Black noted that there are concerns on
the City's involvement with the watershed as well as the length of the agreement.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to table
this item No. 6.11 to November 25. With all members voting in favor, the motion carried.
The motion carried to approve the Consent Agenda.
Public Hearings
7.1) Hearing on Issuance of Industrial Development Revenue Bonds on behalf of Nuaire
Inc.
Housing Manager Barnes reported on the proposed refunding of industrial development revenue
bonds in the amount of $1,420,000 and the issuing of additional industrial development revenue
bonds in the amount of $2,000,000 on behalf ofNuaire, Inc.
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 Stein, to adopt a
Resolution Authorizing the Sale and Issuance of Industrial Development Revenue Bonds under
the Municipal Industrial Development Act and Approving and Authorizing the Execution of
Documents (Res2003-489). With all members voting in favor, the motion carried.
7.2) Improvement Hearing for the 2004 Street Reconstruction Project, Kingsview
Lane/4th Avenue (4102)
City Engineer Quanbeck illustrated the proposed street reconstruction project on Kingsview
Lane and 4th Avenue, north of Gleason Lake Road. He explained the proposed improvements
include the installation of concrete curb and gutter and a storm sewer system with a storm water
detention pond on the north end of Kingsview Lane. The street width is proposed to be 28 feet
from back of curb to back of curb, which is close to the existing bituminous width. He stated the
two existing cul-de-sacs on Kingsview Lane would be reconstructed with the existing landscaped
islands. An agreement with adjacent homeowners would have to be established requiring them
to maintain the islands, and if they should sell their properties, the new owners would also be
required to continue the maintenance. Additional right-of-way would be necessary to properly
install the cul-de-sac on the north side of Kingsview Lane. In addition, a new storm sewer
system would be installed along Kingsview Lane with this project. The City purchased property
on the north end of Kingsview Lane a few years ago with the intention of constructing a
storrnwater detention pond to treat the runoff from Kingsview Lane when the street was
reconstructed. It is proposed to construct this pond as part of this project to treat the runoff
before it heads north towards Parkers Lake. He stated this is the first project that would be
assessed according to the revised assessment policy.
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 5 of 8
Mayor Johnson opened the public hearing for testimony.
David Miller, 925 Kingsview Lane, voiced his support for the proposed project. He noted the
terrible condition of the roadway and the very little maintenance on it over the past few years.
He stated he is concerned about the amount of assessments and requested the Council to review
the assessment policy prior to the adoption of the assessments.
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 Bildsoe, to adopt
Councilmember Black stated the City is constructing curb and gutter where it currently doesn't
exist. She would like to consider various types of curb and gutter.
There being no further discussion and with all members voting in favor, the motion carried.
General Business
8.1) Consideration of Plan and Budget for Third Sheet of Iee and Agreements with
Providence Academy and Wayzata Hockey Association
Park and Recreation Director Blank reported on the proposed third sheet of ice. He stated staff
has been working with the architects on the schematic design for the expansion of the Ice Center
as well as the agreements with Providence Academy and the Wayzata Hockey Association. He
stated on November 5, a neighborhood meeting was held, and there were three residents in
attendance. He noted that the soils were tested, and there are no unusual soil circumstances
under the proposed construction site.
Tom Betti, architect with Ankeny Kell, illustrated the schematic design of the addition to the Iee
Center, and the parking areas. He noted that it appears they would be able to maintain the 50
foot buffer line from the wetland on the east of the property.
Councilmember Bildsoe asked if the concession area could be expanded as he would like to see a
larger area where people could sit and visit. Mr. Betti replied that area was originally designed
larger, but was scaled down in order to tighten the budget.
Councilmember Bildsoe stated he would like to review the original design for that area.
Mayor Johnson commented that there were previous discussions about utilizing a private vendor
for the concession area in order to generate additional revenue to expand that area.
Councilmember Black agreed and stated that if that area couldn't be expanded due to the budget,
staff needs to anticipate future needs when funds are available. She complimented Mr. Betti on
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 6 of 8
the design of the north wall, and she asked if there would be the opportunity for landscaping and
trees in this area. Mr. Betti replied they are looking at maximizing landscaping wherever
possible.
Councilmember Black asked if they are anticipating grading within the buffer area. Mr. Betti
replied it doesn't appear they would affect the buffer area.
Councilmember Slavik asked if Providence Academy would have exclusive use of the locker
rooms. Park and Recreation Director Blank replied yes, but their contract would state that the
rooms could be used for special tournaments.
Councihnember Stein stated the design of the east entrance seems somewhat awkward, and in
order to encourage people to use that entrance at highly attended games, it might be necessary to
redesign that area.
Mr. Betti acknowledged this area would be a challenge, and the high use of that entry would be
the day-to-day hockey players.
Councilmember Bildsoe asked what changes there would be internally, in terms of construction.
Mr. Betti replied they are considering concrete construction with no sheetrock as that would limit
the life use, and a high value for roof insulation. He then discussed the type of windows that
would be on the north side of the building.
Park and Recreational Director Blank stated the estimated cost of the project is $4,637,688 with
4,640,000 coming from Providence Academy ($1,250,000), Wayzata Hockey Association
625,000), park dedication funds ($1,375,000), and an internal financing loan ($1,390,000). He
stated there has been some value engineering completed on the project. He discussed the
contracts with Providence Academy and the Wayzata Hockey Association. He noted there
would be site plan review by the Planning Commission, and the goal is for the facility to be open
by November 15, 2004.
Councilmember Hewitt asked if would be possible for the traffic leaving the east side of the
building to only have the option of turning left on 37th Avenue rather than traveling through the
adjacent neighborhood. She indicated that "cut through traffic" is a concern for the
neighborhood. Park and Recreational Director Blank stated this is an operational issue, and staff
would be reviewing this. He noted that there are students who live in that neighborhood who
would then be rerouted to their residences after events.
Councilmember Stein asked for clarification of Providence Academy's agreement relating to ice
time and locker room facilities.
Park and Recreation Director Blank replied they would be committed to ice time for 15 years,
which is for the financing of the arena. However, they would have exclusive use of the locker
room facilities for 35 years.
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 7 of 8
Councilmember Bildsoe asked what would occur if Providence Academy would discontinue
their hockey program in the future. The City Attorney replied the contract would be binding on
the school or its successors.
Councilmember Bildsoe requested Mr. Betti to review the design of the concession area as
discussed earlier. Mr. Betti stated they would forward to the Council in the near future revised
drawings of that area.
Franz Eisenbauer, 3960 Orchid Lane, stated he is still opposed to the ice arena; however, he
complimented Mr. Betti on the design of the building. He suggested there be a design
incorporated on the north wall such as a silhouette of hockey players.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black to adopt a
Resolution Approvin¢ Schematic Design for Plymouth Ice Center Expansion (Res2003-518)
Resolution Approving Agreements with Providence Academy and Wayzata Hockey Association
Res2003-519) and a Resolution Approving Project Budget for Plymouth Ice Center Expansion
Res2003-520).
Mayor Johnson asked if any food vendors have expressed an interest to operate in the concession
area. Park and Recreation Director Blank replied no. He stated if there were to be a higher level
of food service, there would need to be additional equipment. He stated perhaps there could be a
vendor that would be willing to pay for the additional equipment costs.
There being no further discussion and with all members voting in favor, the motion carried.
8.2) Consideration of Policy Relating to the Data Practices Act and Responsibilities of
City Council and Board/Commission Members
Interim City Manager Ahrens reported on a proposed policy relating to the Data Practices Act
and clarifying the responsibilities of the Council and board/commission members relative to the
retention, dissemination, and destruction of City data. She explained this policy would clarify
that members should retain private data only as long as the data is needed to fulfill their official
duties. When the data is no longer needed, it should be shredded or returned to staff for
destruction. She stressed that no member should retain private data after leaving office.
Mayor Johnson requested that staff prepare an agreement that members would sign in which they
would agree that the data in their possession would only be used for the intended purpose while
they are fulfilling their terms.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to adopt
a Resolution Adopting Policy on Use and Retention of Government Data by Members of the
City Council and City Board and Commissions (Res2003-521). With all members voting in
favor, the motion carried.
Reports and Staff Recommendations
Adopted Council Minutes
Regular Meeting of November 10, 2003
Page 8 of 8
9.1) Status Report on Medicine Lake Shoreline Restoration Grant and Metropolitan
Council Grant
Water Resources Technician Asche gave a presentation on the water resources management
activities which include the Landscaping Water Quality grant, Metropolitan Environmental
Partnership grant, and the Medicine Lake shoreline restoration project. He explained all of these
projects would improve the surface water quality, especially in Medicine Lake.
9.2) Awarding Bids
Councilmember Bildsoe requested staff to draft a policy establishing bidder criteria. This type of
policy would assist in recruiting and retaining responsible bidders.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to direct
staff to draft a policy establishing bidder criteria. With all members voting in favor, the motion
carried.
Adiournment
Mayor Johnson declared the meeting adjourned at 9:30 p.m.
S. R Paulson, City Clerk