HomeMy WebLinkAboutCity Council Minutes 03-27-2001Adopted Minutes
Regular Council Meeting
March 27, 2001
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 the City Center, 3400 Plymouth Boulevard, on March 27, 2001.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Johnson, Black,
Slavik, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief
Gerdes, Fire Chief Kline, Finance Director Hahn, Community Development Director Hurlburt,
Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.1) Primavera
Recreation Supervisor Greupner highlighted the 5th Annual Primavera scheduled for March 3—
April 4 at the Plymouth Creek Center.
4.2) After Action Report on Train Derailment
John Bergene, from the Chicago Pacific Railroad, provided a report on the train derailment that
occurred on December 18, 2000 in the City. He stated 28 cars that were hauling sulfur were
derailed, and 26 of those cars were destroyed. To the best of their knowledge, the cause of the
derailment was due to a cracked wheel on one of the cars. Currently, the train derailment cost
has exceeded 2 million dollars.
Justin Meyer, Environmental Engineer with Chicago Pacific Railroad, reported that air
monitoring tests in the area of the train derailment indicated that no applicable Federal exposure
limits were reached or exceeded. In addition, the surface water in the vicinity of the derailment
has not been adversely affected. Sampling was conducted on a weekly and daily basis and will
continue through May. The clean up of the site has been approved according to the Minnesota
Pollution Control Agency's requirements. The wetland would be restored in June after the
temporary road is removed.
Adopted Council Minutes
Regular Meeting of March 27, 2001
Page 2 of 7
Mayor Tierney asked what percentage of their trains are hauling hazardous materials. Mr. Meyer
replied only five percent of their traffic contains hazardous materials.
Mayor Tierney asked about the difficulty of moving the derailed cars out. Mr. Meyer stated the
majority of the cars weighed over 300,000 pounds; therefore, the best method was to move them
by rail versus truck.
Laura Baenen, Communication Director for Chicago Pacific Railroad, stated they have been
communicating to the adjacent residents through personal contacts and through correspondence
since the derailment. They have kept the residents up-to-date on the cleanup efforts.
Mayor Tierney asked how much area along the railroad do they have to work with in order to
clean up the site. Ms. Baenen stated they worked out an agreement with the golf course owners
to the north of the tracks as that would be the least disruptive to the wetlands. Mr. Bergene
added the railroad's ownership is 100 to 100 feet on both sides of the track, and they usually try
to stay within their right-of-way. However, they received permission from the private property
owners to construct the temporary roadway.
Mayor Tierney stated she is very concerned about train derailments that occur very close to
residential properties, and there have been four derailments within the last 20 years on this site,
which is very significant..
Councilmember Black asked how far back should homes be located from the tracks in order that
they aren't involved in a train derailment. Mr. Bergene replied usually when there is a
derailment, the cars stay within the vicinity of the track. With this recent derailment, there was a
down slope from the tracks whereby the cars rolled away from their right-of-way.
Councilmembcr Stein asked how far was the furthest car from the track. Mr. Bergene replied
approximately 50 to 100 feet due to it rolling. He stated if this derailment would have occurred
near the Conor Meadows development, some of those homes would've been affected due to the
railroad being higher than the townhomes.
Councilmember Johnson asked how fast the trains travel, and if that speed has any affect on how
far the cars would be thrown from the track if there were a derailment. Phil Marbet, a
representative of the Chicago Pacific Railroad, replied the authorized maximum speed along this
portion of the track is 49 mph. He is unsure if the speed would make any difference in how far
the cars would have rolled in this instance. He stated speeds are constantly monitored, and the
locomotives are equipped with black boxes similar to airplanes.
Adopted Council Minutes
Regular Meeting of March 27, 2001
Page 3 of 7
Mr. Bergene added that this train was not necessarily travelling 49 mph as there are curves and
railroad crossings in this vicinity which affects the speed of the train.
Councilmember Harstad asked if the condition of the rail track contributed to this derailment.
Mr. Marbut stated no. Mr. Bergene added that there is a constant inspection of the tracks.
There being no further questions from the Council, Mr. Bergene thanked the City's Public Safety
Department, the residents, and the property owners who gave them permission to construct the
temporary road to remove the derailed cars.
4.3) Legislative Update
Councilmember Johnson provided a legislative update regarding the sale of wine in grocery
stores. She stated the bill is scheduled to be heard on Thursday by the Commerce Committee,
and she would be testifying. She stressed that this is a youth access and public safety issue.
Mayor Tierney suggested that additional legislative updates be added to the agenda under
Reports and Recommendations.
Councilmember Johnson reported that nomination forms are being distributed for this year's
Youth Service Awards. She stated the Youth Awards Program is designed to draw attention to
youth that have provided service to the community. Application deadline is April 20. The
awards would be presented at a special ceremony on May 17, 7:00 p.m. at the Plymouth Creek
Center. Assistant City Manager Ahrens added the applications are on the City's website.
Approval of Agenda
Councilmember Black requested to add the request from the City of Shorewood to support
Senate File 1789 as item No. 9.2 under Reports and Staff Recommendations.
Mayor Tierney requested to add legislative updates as item No. 9.3 under Reports and Staff
Recommendations.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
approve the amended agenda. With all members voting in favor, the motion carried.
Adopted Council Minutes
Regular Meeting of March 27, 2001
Page 4 of 7
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Slavik requested to remove item No. 6.04 and place it under General Business
as item No. 8.1.
Motion was made Councilmember
the amended Consent
and seconded by Councilmember Johnson, to
the followin¢ items:
6.01) Resolution Approving Abatement of Hazardous Excavation at 14520 13th Avenue North
Res2001-142).
6.02) Resolution Renewing Garbage Hauler Licenses (Res2001-134).
6.03) Resolution Approving Change Order No. 2 for Lift Station No. 2 Renovation (8030 —
Res2001-136).
6.04) (This item was moved to General Business as item No. 8.1).
6.05) Resolution Reducing Required Financial Guarantee for the Village at Bassett Creek
97080 — Res2001-137).
6.06) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2001 Street Reconstruction Projects (1001 & 1005 — Res2001-138).
6.07) Resolution Adopting the 200 Annual Report and the 2001 Work Plan for the Public
Safety Advisory Board (Res2001-135).
6.08) Resolution Altering Municipal State Aid Highways (Res2001-140).
6.09) Resolution Approving a Change to the Allocation of Positions in the Sewer and Water
Divisions (Res2001-141).
Councilmember Johnson thanked the Public Safety Advisory Board for their annual report and
work plan.
Councilmember Harstad stated he would be abstaining from voting on item No. 6.06 due to a
conflict of interest.
Adopted Council Minutes
Regular Meeting of March 27, 2001
Page 5 of 7
Councilmember Stein stated he would abstaining from voting on item No. 6.01.
Motion carried to approve the Consent Agenda.
Public Hearings
There were no public hearings scheduled.
General Business
8.1) Approval of 2001 City of Plymouth Engineering Guidelines
Councilmember Slavik stated she has a concern about changing the work hours from sun down
to 10:00 p.m. She believes that 10:00 p.m. is too late for construction activities. Therefore, staff
has prepared an amendment to the Resolution regarding this change which has been distributed
to the Council.
City Manager Johnson Dwight stated the original staff report and Resolution contained the
guideline from the City Code. He stated the Engineering Guidelines only governs the
construction of public improvements, i.e. streets, sanitary sewer, watermain under contract
directly with the City or indirectly under contract with a developer by the City's development
contracts. Therefore, this provision would be enforced through the contract. Staff is
recommending to not change the language.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
adopt the amended Resolution which would maintain the work hours for City development
contracts at sundown.
Councilmember Black asked if this document regulates the treatment of water before it enters the
sewer system. Public Works Director Moore stated no, but the Water Resources Plan would
contain those regulations and requirements.
Mayor Tierney mentioned a typographical error was made in the document; STRT-3A should be
included on page 18.
Councilmember Stein asked if the City receives complaints on how sundown is determined.
Public Works Director Moore stated the majority of the complaints are related to construction
activities starting before 7:00 a.m.
Adopted Council Minutes
Regular Meeting of March 27, 2001
Page 6 of 7
and seconded by Councilmember Black, to call
in favor. the motion carried.
The Council then voted on the main motion and with all members voting in favor, the motion
carried.
Councilmember Slavik asked if there is enough interest on the part of the Council to review the
City Code which relates to other non -City construction projects ending at 10:00 p.m.
Community Development Director Hurlburt stated the City's Noise Ordinance was revised a
year ago, and generally the complaints are related to the early start time, never the ending time.
Mayor Tierney stated if there would be enough interest, it could be discussed at a Study Session.
Reports and Recommendations
9.1) Consider Truth in Housing, Point of Sale Inspection Program (requested by
Councilmember Harstad)
Councilmember Harstad requested that the Council consider whether the City should develop a
truth in housing" inspection program. Truth in Housing inspections would be required at the
point of sale of housing to improve and maintain the existing housing stock in a community. The
program would be self-funded in that the seller would pay the cost of the inspections. He
proposed that only homes more than 30 years old be included in the program, and inspections
could include such items as lead-based paint, radon, asbestos, CO levels, etc.
Councilmember Johnson stated that this is part of the City's long range planning. However,
there is a concern on the part of staff to start the program now when there are other high priority
items for the Community Development Department.
Councilmember Harstad this program would be implemented gradually. He requested that the
Council consider including this program in the 2002 budget discussions.
Councilmember Johnson stated she would not support the implementation of this program
currently. She mentioned that other cities utilize third party inspectors for these types of
inspections that seem to work well.
Adopted Council Minutes
Regular Meeting of March 27, 2001
Page 7 of 7
Councilmember Slavik echoed Councilmember Johnson's comments. She would be concerned
about liability on the part of the City if something went wrong.
Community Development Director Hurlburt stated this type of program would not very likely be
self-supporting.
Councilmember Black stated she is not prepared to support this program until additional
information is provided to the Council.
Councilmembers Hewitt and Stein stated they agree. This should be discussed when the Council
develops their goals and priorities.
Motion was made by Mayor Tierney, and seconded by Councilmember Johnson, to take no
action on this item. With all members voting in favor, the motion carried.
9.2) Request of the City of Shorewood
Councilmember Black reported on the request of the City of Shorewood for support of Senate
File 1789 that would prohibit statewide the sale of lawn fertilizers containing phosphorus.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, for staff
to
be reviewing this bill, of the City's support of the bill. With all members voting in favor, the
motion carried.
9.3) Legislative Update
Mayor Tierney provide a brief update on housing, transportation, and enforceable 25 mph speed
limit bills.
Adjournment
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
adjourn the meeting at 8:32 p.m. With all members voting in favor, the motion carried.
AW661
handra R. Paulson, City Clerk