HomeMy WebLinkAboutCity Council Minutes 09-09-2002Adopted Minutes
Regular Council Meeting
September 9, 2002
Mayor Tierney 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 September 9, 2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Black, Harstad,
Johnson, and Stein.
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STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Finance Director Hahn, Community Development Director Hurlburt, Housing Program Manager
Barnes, Public Services Manager Qvale, Public Works Director Faulkner, Public Safety
Education Specialist Cwayna, Park and Recreation Director Blank, Police Chief Gerdes, City
Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Drew Beninati, former firefighter with the Fire Department, addressed the Council regarding his
experience and what he views as sexual harassment from members of the department. He
provided a handout to the Council that he discussed, which outlined his allegations.
Councilmember Johnson stated this would be discussed at a future Study Session.
Presentations and Public Information Announcements
4.01) Recognition of National Night Out Coordinators
Recognition and awards were presented by the Council to National Night Out Coordinators Peter
and Ann Slanga and Barnie and Judy Barnaal, 35 Teakwood Lane North, Mary Lou Fox, 316
Deerwood Lane North, Petty and Bob Anderson and Bill and Unice Hamre, 5524 Nathan Lane
North, Arlene and Barbara Edstrom 9900 55t` Avenue North, Gloria Gaster, 3665 Trenton Lane
North, Ted and Connie Fust, 730 Windemere Drive, Roger and Kathy Berkowitz, 13235 55'
Avenue North, and Tiburon Housing Association and Mark Byrne, Judy Regan, and Lynne
Shufelt, 3399 Pilgrim Lane.
4.02) Announcement of September 10 State Primary Election
City Clerk Paulson reported on the September 10 State Primary Election.
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Regular Meeting of September 9, 2002
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4.03) Recognition of Mike Cagley, Chair of Plymouth Advisory Committee on Transit
Councilmember Harstad reported that Mr. Cagley was unable to attend this evening's meeting
due to a prior commitment. Therefore, the presentation would be made a future Council
meeting.
Councilmembers Johnson, Slavik, and Harstad thanked the Fire Department for allowing them to
participate in the training session on September 7.
Mayor Tierney announced that there would be a special remembrance ceremony at Fire Station
No. 3 on September 11 at 7:40 a.m.
Councilmember Slavik reported on the Autumn Arts Fair on September 14 from 10:00 a.m. until
5:00 p.m. at Parker's Lake.
Councilmember Harstad reported on the annual recycling dropoff day on September 21 from
9:00 a.m. until 3:00 p.m. at the Public Works Maintenance Facility.
Approval of Agenda
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Councilmember Johnson requested to add the drainage project at Ives/Jonquil neighborhood as
item No. 8.4 under General Business.
Motion was made by Councilmember Johnson and seconded by Councilmember Black, to
Uprove the amended a egnda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Motion was made by Councilmember Slavik and seconded by Councilmember Johnson, to
gpprove the amended Consent Aizenda which included the followingit_
6.01) Special Council Meeting of August 26, 2002.
6.02) Resolution Approving Disbursements for the Period ending August 30, 2002 (Res2002-
402).
6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Minnesota Chapter
No. 18 Telephone Pioneers (Res2002-403).
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Regular Meeting of September 9, 2002
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6.04) Resolution Approving a Variance to allow 53 Percent Impervious Surface Area Coverage
to allow construction of home Addition by Skyline Design for Property located at 1241 Archer
Lane North (2002094 — Res2002-404).
6.05) Resolution Approving a Side Yard Setback Variance for tom Hanlon for Property located
at 2875 Zanzibar Lane North (2002098 — Res2002-405).
6.06) Approval of 2001 Community Development Block Grant Consolidated Annual
Performance and Evaluation Report.
6.07) Resolution Approving Conditional Use Permit for the Bainey Group for Property located
at 14700 28th Avenue North (2002 100 — Res2002-406).
6.08) Resolution Authorizing the Installation of "No Parking" Signs on Garland Lane and 51St
Avenue from Schmidt Lake to Approximately 750 feet North of Schmidt Lake Road (2023 —
Res2002-407) and a Resolution Authorizing the Installation of "No Parking" Signs on Schmidt
Lake Road from Garland Lane to Approximately 470 feet West of Garland Lane (2022 —
Res2002-408).
6.09) Resolution Requesting Payment No. 6 and Final and Payment No. 4 and Final for 2001
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Street Reconstruction Project (1001 & 1005 — Res2002-409).
6.10.1) Resolution reducing Required Financial Guarantee for Harvest Hills (2001023 —
Res2002-410).
6.10.2) Resolution reducing Required Financial Guarantee for Seven Greens (1001031
Res2002-411).
6.11) Resolution approving an "All -Way" Stop at the Intersection of Industrial Park Boulevard
and Annapolis Lane (Res2002-412).
6.12) Resolution authorizing the Mayor and City Manager to sign the Listing Agreement with
Bedrock Real Estate, Inc. for the City -Owned Property at 4020 County Road 101 (9005
Res2002-413).
6.13) Resolution rejecting Bid for 2002 Bituminous Mill and Overlay and Intersection
Improvements (2028 — Res2002-414).
6.14) Resolution awarding Bid for Peony Lane/Troy lane Bituminous Paving Improvements
1029 — Res2002-415).
The motion carried to approve the amended Consent Agenda.
Public Hearings
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Regular Meeting of September 9, 2002
Page 4 of 10
7.1) Approval of 2002 Delinquent Water, Sewer, Recycling, Surface Water Fee, and Street
Lighting Service Charges
Finance Director Hahn reported on the assessment roll. He indicated that correspondence was
received from the property owner of 11435 50th Avenue North (PIN No. 11-118-22-14-0076),
and they requested there be further review by staff on their account. Therefore, he requested that
the Council adopt the Resolution with the exception of this assessment.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a
Resolution adopting Assessments for 2002 Delinquent Water, Sewer, Recycling, Surface Water
Fee and Street Lighting Service Charges (Res2002-416) with the deletion of assessment for
With all members voting in favor, the
motion carried.
7.2) Approval of Street Lighting Improvements in Cedar View Estate Addition
Public Works Director Faulkner reported on a petition that was received from seven of the nine
property owners at the intersection of Gleason Lake Drive and Quantico for a streetlight at the
this intersection. He stated each of the nine lots would be billed $2.15 bimonthly for the
streetlight.
Mayor Tierney opened the public hearing for testimony.
Kim Tiller, 45 Quantico Lane, stated there was another neighbor who is in support of the
streetlight, but doesn't want it located on her property. She stated this street light wouldn't be
located on that resident's property but on hers. She stated this is a very dark street, and this
streetlight would assist in security and aesthetic appearance of the street. She also stated that
there are very mature evergreens in the area that darken the street.
Bryant Scheffe, 25 Quantico Lane North, stated he didn't sign the petition as he doesn't see any
justification for the light. He suggested that the neighbors across from this intersection also pay
for the light as it would assist in lighting their properties. He asked if there is a need for a such a
large light or if there could be a smaller street lamp at a lower cost.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Public Works Director Faulkner explained the location of the streetlight would be at the
southwest quadrant of the intersection, and the light would be on a standard residential street
light pole. He stated the cost of the light is based on Excel Energy's operating costs of that
light.
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Regular Meeting of September 9, 2002
Page 5 of 10
Councilmember Johnson asked if the residents to the north on Gleason Lake Drive were notified
of the petition. Public Works Director Faulkner replied no.
Councilmember Johnson asked if the light meets all the City lighting standards. Public Works
Director Faulkner replied that the residents across the street shouldn't be affected by the light as
the light is only lighting the intersection.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Harstad, to
adopt a Resolution ordering Street Lighting Project for Cedar View Estates (Res2002-417).
With all members voting in favor, the motion carried.
7.3) Approval of Vacation of Utility and Drainage Easements within Lot 1, Block 1,
Willow Grove Office Park Second Addition
Public Works Director Faulkner illustrated the proposed vacation. He stated a petition was
submitted by Amcon Construction Company requesting the vacation of part of a utility easement
and part of a drainage and utility easement. The Council approved the expansion of Muller
Family Theatres, which requires the relocation of an existing storm sewer system. He stated the
existing storm sewer is being relocated by the developer. Once this has been completed, the
original easement would no longer be necessary, and a new easement would be provided over the
relocated storm sewer.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a
Resolution authorizing the Vacation of Part of a Utility Easement for Lot 1, Block 1 of Willow
Grove Office Park Second Addition (Res2002-418) and a Resolution authorizing the Vacation of
Part of a Drainage and Utility Easement within Lot 1, Block 1, Willow Grove Office Park
Second Addition. With all members voting in favor, the motion carried.
7.4) Approval of Wine and On -Sale 3.2 Malt Liquor Licenses for Joy of India Restaurant,
101006 1h Avenue North
City Clerk Paulson reported on the request of Joy of India, Inc. for an On -Sale Wine and 3.2
Malt Liquor License for their establishment located at 10100 6th Avenue North.
Mayor Tierney opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
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Regular Meeting of September 9, 2002
Page 6 of 10
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to adopt
a Resolution Approving Wine and On -Sale 3.2 Malt Liquor Licenses for Joy of India, Inc. d/b/a
Seeing that the applicant was in the audience, Mayor Tierney asked if they would be
participating in the Best Practices Program.
The daughter of the applicant stated that they would be participating in the Best Practices
Program.
Councilmember Hewitt asked if there are interpreters for individuals who may need to address
the Council. Police Chief Gerdes replied yes, and that service would be utilized in the future if
necessary.
There being no further discussion and with all members voting in favor, the motion carried.
General Business
8.1) Approval of Request to Minnehaha Creek Watershed for preparation of "Emergency
Pumping" plan and/or Permanent Outlet for Mooney Lake
Public Works Director Faulkner reported that several lakeshore property owners around Mooney
Lake have expressed concerns about the high water levels experienced this summer. He stated
Mooney Lake is a landlocked waterbody that does not have an outlet. Therefore, runoff into the
lake is balanced by evaporation and infiltration. The lake elevation is less dependant on large
individual storms than it is on long wet periods such as have been experienced this summer. He
stated the property owners are requesting than an outlet be constructed for the lake. Due to the
elevations of the surrounding area, the outlet would need to be a lift station pumping through a
forcemain.
He stated in 1998, the cities of Orono and Plymouth petitioned the watershed district to construct
a permanent outlet for the lake. The petition was dismissed based upon the engineer's report that
indicated the following:
1. The outlet would cost between $285,000 and $500,000.
2. Benefits of the outlet would be limited to lakeshore residents.
3. Current flood risk is less than 1 % annually.
4. Modeled future flood risk is less than 1 % annually.
5. The impact of pumping to receiving watersheds and municipalities has not been quantified.
6. Development of an emergency pumping plan, to address high water would be a more cost
effective means to address the lower risk of flooding than a constructed outlet.
JSince 1998 the water level hasn't been a concern. However, due to the significant rainfalls the
area has received the past year, staff is supportive to work with the watershed district for an
emergency pumping plan. He noted that it would take approximately two months to lower the
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Regular Meeting of September 9, 2002
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water level approximately one foot. He stated the watershed district has prepared an estimate of
the cost to provide emergency pumping for two months at a rate of 1cfs. The estimated cost
would be $20,000 excluding personnel to operate the system. He stated the watershed district
would be discussing this item at their meeting on September 12. Therefore, staff recommends
the Council adopt a Resolution requesting the watershed district to implement an emergency
pumping plan as well as consider a permanent outlet for the lake.
Mayor Tierney stated there is no doubt that the water needs to be pumped out of the lake.
However, what are the impacts to the areas that the water is pumped to. She believes it is the
responsibility of the watershed district.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
adopt a Resolution Requesting that the Minnehaha Creek Watershed District develop and
implement a Pumping Plan for Mooney Lake (Res2002-420).
Councilmember Harstad stated he supports the motion as the lake is at a high water level, and if
heavy rainfalls continue, the lake would start to threaten homes.
Public Works Director Faulkner stated before any pumping would begin, staff would work with
the watershed district to determine if what the downstream impacts would be.
Councilmember Stein voiced his concern on the language in the Resolution that states
significant funding and operational assistance from the City of Plymouth."
Public Works Director Faulkner noted that there would be more impact to properties in Plymouth
as the properties in Orono are on higher elevations.
Pamela Blixt, Chair of the Minnehaha Creek Watershed District, stated in regards to the petition
submitted in 1998, it was an issue of taxing as they fund projects on a district wide levy. This
project would've served only a specific area within the district, and there is no access to Mooney
Lake.
Mayor Tierney stated that Imperial Hills owns an access point to the lake, and there is a City trail
to the lake.
Ms. Blixt stated she wasn't aware of that access and trail. She stated in 1998 when the petition
was submitted, there was no significant indication that there would be the potential for the
flooding that could occur this year. She indicated that the watershed district would be willing to
work with the City at this time since there could be impacts to residential homes. She stated this
item would be discussed at their meeting on September 12.
Eric Evenson, District Administrator, stated the watershed district is working with the
Department of Natural Resources in obtaining any required permits, and they hope to proceed
very quickly. He noted that there are a number of areas within the watershed that are flooding.
In addition, there are a number of lakes including Lake Minnetonka, that need to be drained two
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Regular Meeting of September 9, 2002
Page 8 of 10
feet for extra storage capacity for next spring. He stated the watershed district would be very
interested in a permanent resolution for Mooney Lake.
Mayor Tierney asked if the watershed district would support a 50150 split on the costs with the
City for the emergency pumping plan for the lake.
Ms. Blixt replied yes.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
amend the Resolution to include language to offer a 50150 cost sharing agreement, with the
City's share coming from the water resources fund. With all members voting in favor, the
motion carried.
Councilmember Johnson asked how soon the pumping could begin. Public Works Director
Faulkner replied staff would discuss this with the district's engineer prior to the September 12
meeting. Mr. Evenson added that depending on availability of equipment, the pumping could
begin within the next week. Discussions would also be held with the cities of Orono and Long
Lake.
Karl Pokorny, 1890 Troy Lane North, thanked the Council for addressing this concern. He
illustrated the public access to the lake as well the lake elevations from 1958 to present. He
asked if the residents could assist the City with this procedure.
Mayor Tierney replied any residents that are interested in assisting should contact staff.
Philip Campbell, 2345 Brockton Lane North, stated he is concerned that the City would only be
committing 50% of the costs as what would occur if the watershed doesn't agree to paying the
other 50% of the costs.
Mayor Tierney stated Ms. Blixt has indicated that they would likely be willing to participate at
that funding level. If that wouldn't be the case, the Council could conduct a special meeting to
address that issue.
There being no further discussion and with all members voting in favor of the amended motion,
the motion carried.
Councilmember Slavik stated she would attend the watershed district's meeting on September
12, and she would assist the City Manager in providing a report from that meeting for a future
Council packet.
8.2) Presentation by Tom Poul, Suburban Transit Association
Thomas Poul, representing the Suburban Transit Association (STA), provided an update on the
STA and the opt out cities, such as Plymouth. He spoke of the transit hubs that have expanded in
Burnsville and Maple Grove. He stated their biggest challenge is funding the operations area.
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Regular Meeting of September 9, 2002
Page 9 of 10
He. noted that transit services are no longer funded by property taxes but by sales tax on motor
vehicles.
He noted that the ridership in the City has increased by five percent. The ridership demand is
greater than what the City has capacity for. There is a demand to acquire more buses.
George Bentley Acting Transit Administrator, agreed that there is an increase in the demand.
Mr. Poul stated he is optimistic that Legislature would authorize a funding package for
transportation and transit.
Public Services Manager Qvale thanked Mr. Poul for addressing the Council. She commented
that from a Midget standpoint, :1 the City were to lose two percent in transit funding, the City
would still be able to maintain existing service.
Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to
suspend the rules in order that item No. 8.4 could be discussed at this time. With all members
voting in favor, the motion carried.
8.4) Report on Drainage Project at Ives/Jonquil Neighborhood
1 Brad Kalin, 5115 Ives Lane, reiterated to the Council his concerns regarding the drainage ditch.
He stated there were a number of reasons why the pipe option was not supported by the
neighborhood initially. First, residents understood that there would be only one choice for the
pipe. The water from the 30" pipe flowing from Schmidt Lake Road would be accommodated
by a single 12" pipe. Residents felt it would be unfeasible to feed the water from a 30" pipe into
a 12" pipe. He noted that the flow of water through the backyards is often two feet deep by eight .
feet wide. The second reason was that of the eight residents who originally provided input, half
would lose little if any land from the non -pipe project, and all of these residents were on the
Jonquil side. The four residents that would lose land, they were misinformed as to the full scope
and impact of the project, and they were initially informed that the channel would follow the
property lines. Lastly, all the residents at the meeting objected to being assessed for the pipe
project. The consensus was that the water was not coming from their yards, but from properties
to the south, west, and east of their neighborhood.
Public Works Director Faulkner stated staff is preparing a report on this item that would be
included'in this week's Council Information Memorandum as well as to the residents.
8.3) Adopt 2003 Proposed Budget and Tax Levies, and Set Truth in Taxation Hearing
Dates
City Manager Johnson discussed the proposed 2003 budget and tax levies. He explained that the
Council is required to adopt the maximum tax levy by September 15. The Truth in Taxation
Hearing would be conducted on December 2 with December 9 being the reconvene date if
necessary. He stated the Council has discussed the budget and tax levy at Study Sessions
conducted on August 26 and September 3. He spoke of issues that are affecting the proposed
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Regular Meeting of September 9, 2002
Page 10 of 10
budget that include levy limits, potential loss of State aid, and the transfer of street sweeping and
drainage maintenance to the water resources fund.
Tom Poul discussed his lobbying experience with the Legislature, and he stated the Legislature
might consider reducing the market value credit and/or the local government aid.
Motion was made by Councilmember Johnson, and seconded by Councilmember Hewitt, to
adopt a Resolution establishing Proposed Property Tax Levies for Taxes Payable in 2003
Res2002-421), Resolution Adopting Proposed 2003 Budgets (Res2002-422), and a Resolution
setting Truth in Taxation Public Hearing Dates for 2003 Tax Levy (Res2002-423). With all
members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations).
Adjournment
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
adjourn the meeting at 9:45 p.m. With all members voting in favor, the motion carried.
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an R. Paulson, City Clerk