HomeMy WebLinkAboutCity Council Minutes 02-12-2002Adopted Minutes
Regular Council Meeting
February 12, 2002
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:05
p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 12, 2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Johnson, Slavik, and
Stein.
ABSENT: Councilmember Black.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief
Gerdes, Fire Chief Kline, Finance Director Hahn, Solid Waste Coordinator Vigoren, Community
Development Director Hurlburt, Public Works Director Faulkner, City Attorney Knutson, and
City Clerk Paulson.
Plymouth Forum
Leonard Luedke, 17910 County Road 47, stated that he and approximately 15 residents wish to
meet with the Council to discuss development of Northwest Plymouth, the Comprehensive Plan,
Elm Creek interceptor, and other issues.
Mayor Tierney stated this would be discussed later on the agenda.
Tom Belting, 9359 Tewsburg Gate, Maple Grove, briefly reported on correspondence he sent to
the City regarding additional information on some documents. He requested a meeting be
scheduled with City staff.
Mayor Tierney stated staff would contact him.
Presentations and Public Information Announcements
4.01) Presentation by North Hennepin Mediation Program
Beth Bailey -Allen provided an update to the City on services provided by the North Hennepin
Mediation Program. She stated they are a non-profit organization that assists residents and
businesses in resolving conflicts through mediation. Previously, the City was served by West
Suburban Mediation. She requested the Council restore the funding of $4,000 which was
allocated to the West Suburban Mediation. In addition, they would like the opportunity to
provide a liaison to meet with the staff and discuss the types of resources that are available.
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 2 of 10
Mayor Tierney stated that the Council has already approved the 2002 budget but would consider
their funding request in the preparation of the 2003 budget.
4.02) 2000 Certificate of Achievement for Excellence in Financial Reporting
Mayor Tierney presented the 2000 Certificate of Achievement for Excellence in Financial
Reporting to Finance Director Hahn and his staff.
4.03) Announcement of Environmental Quality Fair on February 21 at Birchview School
Solid Waste Coordinator Vigoren, Principal Cook, and students from Birchview Elementary
School reported on the third annual Environmental Quality Fair scheduled for February 21 from
6:00 p.m. to 8:00 p.m. at the Birchview Elementary School.
4.04) Announcement of DARE Poster Winner
Officer Gottwald reported on the recent DARE poster contest sponsored by the Minnesota
Timberwolves. She stated that Katie Huber from Oakwood Elementary was one of the top 10
winners as well as receiving first place.
Mayor Tierney and the Council presented the award and congratulated Katie on the
accomplishment.
Eric Blank announced that the City recently hired a new Recreation Director.
Approval of Agenda
City Manager Johnson requested that item No. 8.2 be removed from the agenda as per request of
the applicant.
Mayor Tierney requested to add the scheduling of Study Sessions as item No. 9.1.
Councilmember Harstad requested to add an update on the reconstruction of County Road 101
from County Road 6 to County Road 24 as item No. 9.2. In addition, he requested to add the
correspondence from the Metropolitan Council on the Blueprint Workshops as item No. 9.3.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
approve the amended a egnda. With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 3 of 10
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Johnson requested to remove item No. 6.03 and place it under General Business
as item No. 8.4.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
approve the amended Consent Agenda which included the followingitems: ems:
6.01) Regular Council Meeting Minutes of January 22, 2002 and Special Council Meeting
Minutes of January 22, 2002.
6.02) Resolution Approving Disbursements for Period ending February 1, 2002 (Res2002-054)
6.03) (Removed from the Consent Agenda and placed under General Business as item No. 8.4).
6.04) Resolution Approving Lot Division and Consolidation for the City of Plymouth for
Outlot A, Bass Lake Estates 3rd Addition and Outlot G, Bass Lake Estates 2nd Addition (2001153
Res2002-055).
6.05) Resolution Approving Amendments to the Personnel Policy to incorporate the Sexual
Harassment Policy into a Respectful Workplace Policy and adding a Possession and Use of
Weapons Policy (Res2002-056).
6.06) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Traffic Control Signal Systems at Peony Lane at Schmidt Lake Road (1028) and Vicksburg Lane
at Old Rockford Road (1040) (Res2002-057).
6.07) Resolution Approving 2002 Membership Dues for Association of Metropolitan
Municipalities (AMM) and Municipal Legislative Commission (MLC) (Res2002-058).
6.08.) Resolution Approving the Letter of Agreement between the City of Plymouth and Law
Enforcement Labor Services (LELS) Representing Plymouth Police Officers for Calendar Year
2002, and Establishing the City's Contribution to Health Insurance Premiums and to Deferred
Compensation (Res2002-059).
6.09) Resolution Approving Lot Division/Consolidation for Loucks Associates for Lots 5 and
6, Block 2, Mission View (2001121 — Res2002-060).
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 4 of 10
6.10) Resolution Finding No Objection to Lawful Gambling Exemption for Wayzata Youth
Hockey Association (Res2002-061).
6.11) Acceptance of the 2001 Annual Report and 2002 Work Plan of the Plymouth Youth
Advisory Council.
6.12) Resolution Ordering Preliminary Engineering Report for 2002 Street Reconstruction
Project (2001 — Res2002-062), and a Resolution Ordering Preliminary Engineering Report for
Hemlock Lane Street Reconstruction Project (2005 — Res2002-063).
6.13) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Central Plant Water Tower Reconditioning and Painting (Res2002-064).
6.14) Resolution Requesting Payment No. 6 and Final Payment for NC -15 Trunk Sanitary
Sewer and Watermain (9914 — Res2002-065).
6.15) Resolution Requesting Payment No. 6 and Final Payment for Cheshire Lane Bridge
Embankment (9006 — Res2002-066).
6.16) Resolution Approving Amendment No. 2 and Extending the Lease for a Park and Ride
Lot at Four Seasons mall for an Additional Five Years (Res2002-067).
6.17) Resolution Reducing Required Financial Guarantee for Plymouth Woods Office Center
97160 — Res2002-068).
6.18) Resolution Approving Minnesota Transportation Department Traffic Control Signal
Agreement No. 82801R, Hennepin County Agreement No. PW 67-40-01 between the State of
Minnesota Department of Transportation and the County of Hennepin and the City of Wayzata
and the City of Plymouth for Traffic Signal Improvements on County State Aid Highway 101 at
the South and North Ramps of Trunk Highway No. 12 including Interconnect from the South
Ramp traffic Signal to the Existing Traffic Signal at County Road 101 at 1St Avenue/Harmony
Circle (Res2002-051).
6.19) Resolution Authorizing the Purchase of Five New Current Model Replacement Policy
Pursuit Vehicles (Res2002-069).
6.20) Resolution Authorizing the Purchase on One New Current Model Toro 580D 16' Mower
Res2002-070).
6.21) Resolution Authorizing the Purchase of Completed Current Model Tandem Axle and
j Single Axle Dump Trucks (Res2002-071).
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 5 of 10
6.22) Resolution Approving 2002-2004 Public Tree and Stump Removal Contract (Res2002-
072).
6.23) Resolution Approving the Listing Price for the City -Owned Properties at 3030 County
Road 101 and 17915 County Road 24 (9005 — Res2002-073).
6.24) Resolution Approval of Award of Bids for Lawn Maintenance 2002-2003 (Res2002-074).
Councilmember Johnson thanked the Youth Advisory Council for their annual report and work
plan.
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Assessment Hearing for the 2001 Weed Eradication and Destruction, Roll 1
Finance Director Hahn reported on the proposed assessments for 2001 weed eradication and
destruction. He noted that the Marshalls had discussed their mowing concerns with the Council
at their Study Session conducted earlier this evening. If the Council so desires, their assessment
could be removed from the proposed assessment roll.
Mayor Tierney opened the public hearing for testimony.
Michele Marshall, 15305 41St Avenue North, stated when they received the nuisance weed
notice, they contacted staff regarding the responsibility to mow this property. While this
conversation was being held with staff, the City had this property mowed and charged them for
mowing the property. Therefore, they object to this proposed assessment as they feel they were
wrongfully charged.
Councilmember Johnson stated she was aware that the Marshalls were trying to work with the
City in resolving the dispute with mowing of this property. Therefore, she would not support the
proposed assessment.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Harstad, and seconded by Councilmember Stein, to adopt
a Resolution Adopting Assessments for 2001 Weed Eradication and Destruction, Roll I
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 6 of 10
Res2002-075) with a modification to the Marshall's assessment in that they be assessed $80
rather than $160.
Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to
amend the main motion to remove the proposed assessment for the Marshalls from the
assessment roll.
Councilmember Harstad stated he has not been convinced that there is a compelling reason to
exclude the Marshall's assessment. He noted that the other properties with proposed assessments
could also utilize the same argument as the Marshall's. He stated the work has been completed;
therefore, some type of assessment is warranted.
Councilmember Johnson reiterated that the Marshalls have been trying to resolve this issue with
staff. She stated the Marshalls were under the impression that their initial weed notice was
invalid since the City was trying to address the issue.
Councilmember Hewitt agreed with Councilmember Johnson.
Councilmember Johnson stated the Marshalls received correspondence from the City as to who
is responsible for maintaining the property in the right-of-way, association issues, and City and
County issues. She hopes that this issue could be resolved prior to the next growing season.
Councilmember Slavik stated -she supports the amendment. However, the issue of maintaining
this property rests with the Marshalls and/or the Quail Ridge Homeowners Association.
There being no further discussion, the Council voted on the amendment. With all members
voting in favor but Harstad, the motion carried.
The Council voted on the amended main motion and with all members voting in favor but
Harstad, the motion carried.
Park and Recreation Director Blank requested direction from the Council as to how his staff
should proceed with complaints this summer. He stressed that the City has an ordinance on
nuisance weeds/tall grasses which staff is enforcing.
Mayor Tierney stated staff needs to enforce the ordinance, and this particular situation has no
effect on that. She indicated that the Marshalls and the homeowners association need to resolve
this issue, and the City needs to review the concern of utility vehicles driving in the right-of-way
which causes ruts and damages to the yard.
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 7 of 10
Councilmember Johnson agreed with Mayor Tierney. She also mentioned that the Marshalls and
the homeowners association might want to utilize the services of the North Hennepin Mediation
Program to settle the dispute.
Mayor Tierney added that this particular piece of property could be a major beautification
proj ect.
General Business
8.1) Old Rockford/State Highway 55 Area Sanitary Sewer and Watermain Improvements
1033)
Public Works Director Faulkner reported a public improvement hearing was conducted for this
project on January 8. However, there were concerns raised by property owners and their
representatives at that meeting. Therefore, the Council closed the public hearing and tabled
action until this meeting in order that staff could meet with those individuals to address those
concerns.
He stated the estimated sub -trunk assessment amounts were adjusted to reflect an increase in the
amount paid by the City for a greater City benefit in eliminating the existing lift station. The
assessment rate for the sub -trunk assessment decreased from $3,479.14 per acre to $2,050.57 per
acre. The City cost for sanitary sewer increased from $13,200 to $63,200 while the City cost for
watermain remained at $40,055.47. He stated staff would be proposing at the assessment
hearing that the Council consider a deferment plan where properties proposed to be assessed are
deferred with interest until a service connection is made or for an established length of time.
Jim Yarosh, representing the Fine Family, thanked the Council for the opportunity to meet with
staff and discuss their concerns. He stated they support the project.
Marc Anderson, from Lundgren Brothers, requested that the Council approve the project. He
commended staff for addressing the concerns.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt
a Resolution Ordering Improvement and Preparation of Plans and Specifications for Old
Rockford Road/State Highway 55 Improvements, Sanitary Sewer and Watermain Improvements
Res2002-076). With all members voting in favor, the motion carried.
8.2) (This item was removed from the agenda)
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 8 of 10
8.3) Approve Master Plan for Northwest Greenway
Park and Recreation Director Blank stated the City has conducted two open houses on the
proposed Northwest Greenway project. The Park and Recreation Advisory Commission (PRAC)
approved the plan at their January meeting, and it has also been reviewed by the Planning
Commission. He stated this project was identified in the City's 2000 Comprehensive Plan as a
long-term vision for this section of the City.
Barry Warner and Ken Grieshaber of SRF Consulting provided a presentation to the Council that
explained the objectives of the greenway, the east/west connections of the plan, the Mud Lake
system, the wetland areas, and alternatives for land acquisition. They stated this area would be
developed over the next seven to 15 years.
Park and Recreation Director Blank stated SRF has recommended that the trail portion of the
east/west corridor be an asphalt hard surface rather than a crushed limestone surface, which
PRAC recommended. The recommended resolution approving the master plan contains an
asphalt surface for the trail portion as recommended by staff and the consultant.
Mayor Tierney and Councilmembers Slavik and Hewitt stated the crushed limestone could make
it very difficult for many uses, especially for strollers, in-line skaters, and other wheeled uses.
Therefore, they would support an asphalt surface.
Park and Recreation Director Blank stated PRAC supported crushed limestone rather than an
impervious surface with runoff potential.
Community Development Director Hurlburt stated that crushed limestone would be considered
impervious.
Councilmember Harstad stated that he is concerned about the funding for this project. He asked
if horses could travel over the proposed boardwalk. Mr. Grieshaber replied they could as long as
the boardwalk would be stable and not floating. Park and Recreation Director Blank added that
the main portion of the trail would be separated for horses.
Councilmember Hewitt thanked staff and the consultants. She asked what types of comments
were received at the open houses. Park and Recreation Director Blank stated they received very
favorable comments. Many of the property owners in that area would like to keep that area rural
for equestrian uses.
Councilmember Slavik asked about the amount of tree removal that would be necessary. Park
and Recreation Director Blank stated there would be very little tree loss.
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 9 of 10
Councilmember Slavik asked about the long-term funding for this project. Park and Recreation
Director Blank replied property would be acquired through park dedication, property owners
donating property, and the City negotiating and acquiring property.
Councilmember Stein asked how this project would be phased. Park and Recreation Director
Blank replied that when available, property would be acquired and/or donated. He noted that
some areas could be developed in conjunction with an adjacent residential development so
neighbors would have a feel for the area. He stated many property owners are considering their
options on how to develop this area, and approval of the Master Plan would allow them to
explore those possibilities.
Councilmember Johnson asked if there would be opportunities to partner with the horse facilities
and encourage them to operate a facility rather than the living farm. Park and Recreation
Director Blank replied the City would strive to partner with those property owners, and it would
be advantageous to have a joint venture with the living farm.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt
a Resolution Adopting Northwest Greenway Master Plan (Res2002-077). With all members
voted in favor.
8.4) Ordinance Amending Chapter 20, Section 2010 of the Plymouth City Code concerning
General Nuisances
Councilmember Johnson stated this proposed ordinance would establish a provision that every
building permit issued shall expire and become null and void if the building or work authorized
is not commenced within 180 days from the date of such permit. She asked what would occur if
the work wasn't completed in 180 days. Community Development Director Hurlburt replied it
would be a violation of the City Code and would be enforced if the exterior work weren't
completed.
Councilmember Johnson asked if there were circumstances that prevented the owner from
completing the work, could there be an extension of the building permit. Community
Development Director Hurlburt replied with the enforcement of these types of ordinances, it is
very routine to work with the property owners to see if there are circumstances that would
prevent them from completing the work within the 180 days. She stated there is no extension
contained in the proposed ordinance. She stated there is an impact on a neighborhood for
structures that aren't completed in a timely fashion.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
adopt an Ordinance Amending Chapter 20, Section 2010 of the Plymouth City Code Concerning
JGeneral Nuisances (Ord2002-05). With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of February 12, 2002
Page 10 of 10
Reports and Staff Recommendations
9.1) Schedule Future Work Sessions
Motion was made by Mgyor Tierney, and seconded by Councilmember Johnson, to schedule the
following Special Meetings:
1. March 26 at 5:30 p.m. — discuss redistricting and Snowplowing Policy.
2. February 26 at 5:30 p.m. — discuss parking at LifeTime Fitness.
3. May 21 at 7:00 p.m. — discuss lawful gambling and conduct a meeting with a group of
residents from Northwest Plymouth (as requested by Leonard Luedke under Plymouth
Forum).
The Council added a report on a neighborhood traffic calming report to the pending Study
Session list.
There being no further discussion and with all members voting in favor, the motion carried.
9.2) Update on County Road 101 Project from County Road 6 to County Road 24
Councilmember Harstad mentioned that according to Hennepin County, the reconstruction of
County Road 101 from County Road 6 to County Road 24 has been delayed from 2003/2004 to
2006/2007. He stated the County has indicated that the funding wouldn't be in place until that
time; however, he is concerned that this should be a high priority project that shouldn't be
delayed.
Mayor Tierney stated that this item could be discussed with the County Commissioners at their
joint meeting on April 16.
9.3) Metropolitan Council's Blueprint Workshops
Councilmember Harstad mentioned the Metropolitan Council's Blueprint Workshops, which are
to discuss regional frameworks. He stated this was included in a separate mailing to the Council.
Mayor Tierney requested that he provide a copy of this correspondence to staff in order that it
could be included the Council Information Memorandum.
Adiournment
Councilmember Slavik, adiourn
the meeting at 9:20 p.m. With all members votirp in favor, the
R. Paulson, City Clerk