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HomeMy WebLinkAboutCity Council Minutes 03-12-2002Adopted Minutes Regular Council Meeting March 12, 2002 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on March 12, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson, Slavik, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Captain Hurr, Finance Director Hahn, Planning Supervisor Senness, Police Chief Gerdes (arrived at 7:30 p.m.), Public Works Director Faulkner, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements There were no Presentations or Public Information Announcements. Approval of Agenda City Manager Johnson requested to remove item No. 6.21 in order that there could be further review of this project. He reported a minor correction has been requested for the minutes of the Regular Meeting of February 26 (item No. 6.01). Mayor Tierney requested to add under Reports and Staff Recommendations, a brief discussion on the proposed wind turbine for Wayzata High School and the 800 MHz radio system as item No.'s 9.2 and 9.3 respectively. Councilmember Johnson requested to schedule a Study Session to interview youth applicants for boards and commissions as item No. 9.4 under Reports and Staff Recommendations. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to gpprove the amended a egnda. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 2 of 6 Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Harstad requested to remove item No. 6.16 and place it under General Business as item No. 8.1. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt,.to approve the amended Consent Agenda which included the following items: 6.01) Special Council Meeting Minutes of February 26, 2002 and Regular Council Meeting Minutes of February 26, 2002 (as amended). 6.02) Resolution Approving Disbursements for Period ending March 1, 2002 (Res2002-110). 6.03) Resolution Directing Staff to enter into a Contract with SRF Consulting Group, Inc. to complete a Study of the County Road 73 Corridor in Southeastern Plymouth (2001155 — Res2002-111). 6.04) Resolution Approving 2002 Tobacco License for Snyder's Drug Store #5055, 3525 Vicksburg Lane (Res2002-112). 6.05.1) Resolution Finding No Objection to Lawful Gambling Exemption for Ducks Unlimited Res2002-113). 6.05.2) Resolution Finding No Objection to Lawful Gambling Exemption for the West Metro Chapter of the North American Bear Foundation (Res2002-114). 6.06) Resolution Authorizing the Mayor and City Manager to Execute a Grant Contract with the Minnesota State Patrol for an Alcohol Saturation Enforcement Program (Res2002-115). 6.07) Resolution Authorizing the Mayor and City Manager to enter into a Joint Agreement with the Minnesota Department of Public Safety, Bureau of Criminal Apprehension (Res2002-116). 6.08) Resolution Authorizing the Mayor, City Manager, and Police Chief to enter into a Contract Agreement with the Boy Scouts of America, Viking Council, for Services in Connection with a Juvenile Diversion Program (Res2002-117). 6.09) Resolution Approving a Conditional Use Permit for a Restaurant Serving Alcohol with Live Entertainment, located at 605 Highway 169 North (2002010 — Res2002-118), Resolution Approving Findings of Fact for Amending Section 2155.07 of the Plymouth City Code (2002010 Res2002-119), and an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (2002010 — Ord2002-09). Adopted Council Minutes Regular Meeting of February 26, 2002 Page 3 of 6 6.10) Ordinance Amending Section 400 of the Plymouth City Code Concerning Building, Housing and Construction Regulations (Ord2002-10). 6.11) Resolution Authorizing the Application for and Allocation of Fiscal Year 2002 Community Development Block Grant Funds (Res2002-120). 6.12) Resolution Approving Change Order No. 1 for City Center Area Street Lighting Improvements (9020 — Res2002-121). 6.13) Resolution Approving Payment No. 7 for 1995 Park Bond Trails (4017 — Res2002-122). 6.14) Resolution Approving One New Current Model Tractor Loader Backhoe and Hydraulic Hammers (Res2002-123). 6.15) Resolution Designating Funding for Public Improvement Projects (Res2002-124). 6.16) (This item was moved to General Business as item No. 8.1). 6.17) Acceptance of 2001 Unaudited Financial Statements for the year ended December 31, 2001, and adopt a Resolution Transferring Funds from State Aid Insurance Premium Tax Fund and Capital Improvement Fund to General Fund (Res2002-125). 6.18) Resolution Authorizing Inflationary Adjustments to be made to Amounts in the City Charter (Res2002-126). 6.19) Resolution Approving Acquisition of Two Digital Video Recorders (Res2002-127). 6.20) Resolution Approving Termination of Contract with Nadeau Utilities for the West Medicine Lake restroom project (Res2002-128). 6.21) (This item was removed from the agenda). Councilmember Johnson stated she would approve item No. 6.03, but she noted that the City is in the process of reviewing consultant fees. Motion carried to approve the amended Consent Agenda. Public Hearings There were no scheduled public hearings. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 4 of 6 General Business 8.1) Ordinance Amending the Plymouth City Code Concerning Pawnbrokers, and Providing a Penalty for Violation Councilmember Harstad expressed his support for the proposed ordinance regulating pawnbrokers. He noted that currently there are no pawnbrokers in the City, but this Ordinance would establish procedures and requirements when an application is made. He spoke of the automated pawn system and the need to inventory the merchandise. He supports the proposed licensing fee of $8,000 due to the amount of work involved by the Police Department. He asked if consignment businesses would be licensed, as there are similar issues between them and pawnbrokers. City Attorney Knutson stated the proposed licensing fee of $8,000 is based on what staff determined their actual costs to be in order to police one business. The fees are only used to reimburse the City's actual costs. He stated regarding the consignment businesses, staff is currently reviewing those issues, and it would be brought to the Council separately. Councilmember Johnson asked if there are compliance checks for this type of business. City Manager Johnson replied the compliance checks are completed electronically with the automated pawn system. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt an Ordinance Amendingthe Plymouth City Code concerning Pawnbrokers and Providing a Penalty for Violation (Ord2002-11). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Legislative Update Councilmember Black provided an update on the phosphorous bill. She stated the Senate approved the bill last week, and the House will be acting on the bill next week. She noted there are differences in the bills. City Manager Johnson spoke of proposed legislation (House File 3324 and Senate File 3148) which would allow accessory units in residential developments as either a permitted or conditional use. Staff strongly opposes this proposed legislation as it would infringe upon cities' local zoning ordinances, Comprehensive Plans, and it's unknown how it would affect the J Uniform Building Code. Councilmember Stein reported that he contacted the authors of the bill and voiced his disapproval. Adopted Council Minutes Regular Meeting of February 26, 2002 Page 5 of 6 Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to oppose the bill and to direct staff to send correspondence to area legislators indicatingtpposition. Councilmembers Harstad and Hewitt noted that this could be perceived to be a way to increase the number of affordable housing units, but there would be negative implications. Councilmember Johnson suggested that staff state in the correspondence to the legislators that the City is pursuing this type of construction within its zoning ordinance. Mayor Tierney stated this item would be discussed at the next meeting of the Mayor's Housing Task Force. There being no further discussion, and with all members voting in favor, the motion carried. City Manager Johnson provided an update on the State's budget shortfall. He stated the House and Senate have plans to address the deficit. Both of those plans propose no changes in local government aid. 9.2) Proposed Wind Turbine for Wayzata High School Mayor Tierney referred to the correspondence received from Dan Carlson, Engineer for Wayzata Schools. She stated the school is in the process of preparing a feasibility study for a wind turbine to be located on the Wayzata High School site. She has spoken with Mr. Carlson, and the school would be conducting two meetings with area residents to inform them of this project and to discuss their concerns. She stated the Council would be notified of these meetings, and she encouraged Councilmembers to attend one of the meetings. She cautioned the Council that there couldn't be more than three Councilmembers at one of the meetings as that would be considered a quorum of the Council. City Manager Johnson reported that staff received the application today for the zoning text amendment to allow this type of machinery. Staff has encouraged Mr. Carlson to notify the same residents that the City would be notifying for the planning process for their neighborhood meetings. 9.3) 800 MHz Radio System Police Chief Gerdes provided an update for the conversion of this system. He stated they have completed the testing for the coverage of the system. He explained this is a countywide system, and the City has been budgeting for a number of years to convert to this system. This type of system would allow many governmental agencies to communicate with each other during major Jdisasters. The new system should be operational by September 2002. Councilmember Harstad asked if the City is participating in the CrimNet grant process. Police Chief Gerdes replied the City has been participating in quite a few grants for this system, and the Adopted Council Minutes Regular Meeting of February 26, 2002 Page 6 of 6 City has also participated in funding with the County for the Intergovernmental Justice System. The City is also a member of the LOGIS computer system as well. He stated the continued enhancement of the system is beneficial. 9.4) Board and Commission Interviews for Youth Applicants Councilmember Johnson requested the Council schedule a Study Session to interview youth for the Boards and Commissions. Mayor Tierney stated there could be other issues with the boards and the commissions that the Council should discuss. Therefore, she suggested that the Council conduct a short Study Session prior to the Housing Forum on March 19 to discuss these issues and schedule a Study Session for the interviews. Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to conduct a Study Session on March 19 at 5:45 p.m., prior to the Housing Forum, at the Plymouth Creek Center. With all members voting in favor, the motion carried. Adiournment Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adjourn the meeting at 7:45 p.m. With all members voting in favor, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to reconsider the motion to adjourn. With all members voting in favor, the motion carried. Dennis Meadows, Property Manager with United Properties, requested that the Council delete any references of "Ivories Watergarden Inc." for item No. 6.09. He explained that Ivories Watergarden was to be the tenant at this property, but the deal was cancelled. Therefore, he requested that "Utah State Retirement Fund," who is the owner of the property, be inserted in the documents. Motion was made by Mayor Tierney, and seconded by Councilmember Johnson, to direct staff to make these changes to the documents for item No. 6.09 as requested. With all members voting in favor, the motion carried. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adjourn the meeting at 7:47 p.m. With all members voting in favor, the motion carried. Sandra R. Paulson, City Clerk