HomeMy WebLinkAboutCity Council Minutes 10-09-2001Adopted Minutes
Regular Council Meeting
October 9, 2001
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:10
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on October 9, 2001.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Black, Harstad, Johnson,
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,
Water Resource Engineer Missaghi, Park and Recreation Director Blank, Public Works Director
Faulkner, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.1) Wayzata Public Schools November 6 Referendum
Janet Schutz, Chair of the Wayzata School Board and Alan Hopeman Jr., Executive Director of
Finance and Business Services, addressed the Council regarding the Wayzata Public Schools
operating levy and technology down payment levy referendum on November 6.
Ms. Schutz explained voters would be asked two separate questions. The first question would be
whether or not to renew and increase the annual operating referendum levy, and the second
question would be whether or not to approve an annual technology down payment levy. She
stated that both questions seek approximately $2 million per year for 10 years.
She discussed tax impacts if either one or both questions on the referendum were approved and
answered the Council's questions.
4.2) Osseo School District November 6 Referendum
Chris Richardson, Superintendent of the Osseo School District, discussed with the Council their
proposed referendum. He explained the question would be whether or not to pass a levy that
would reinstate the $2 million in staff and program cuts already made for the 2001-2002 school
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Regular Meeting of October 9, 2001
Page 2 of 13
year and provide enough money to cover the additional budget shortfall of $7 million. He
answered the Council's questions.
Approval of Agenda
Mayor Tierney requested to add a report on the Plymouth on Parade as item No. 9.4 and the
notice of a ribbon cutting ceremony for the new park and ride lots as item No. 9.5 under Reports
and Recommendations.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to
approve 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.
City Manager Johnson informed the Council that a revised Resolution for item No. 6.06 has been
handed out this evening.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
approve the Consent Agenda which included the following items:
6.01) Special Council Meeting minutes of September 25, and Regular Council Meeting minutes
of September 25.
6.02) Resolution Approving Disbursements for the Period ending September 28, 2001
Res2001-404).
6.03) Resolution Requesting Conveyance of Parcel 03-118-22-24-0073 to the City of Plymouth
for Street and Trail Right -of -Way and Drainage Purposes (Res2001-405).
6.04) Resolution Approving Consent of Assignment of Contract No. A08230 for the Use of
Election Equipment (Res2001-406).
6.05) Resolution Approving Final Plat and Development Contract for Dave Reimer
Construction, Inc. for "Graviere 2nd Addition" for Property located North of County Road 6 and
East of Dunkirk Lane (2001010-F — Res2001-407), and a Resolution Adopting Assessments for
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Regular Meeting of October 9, 2001
Page 3 of 13
City Project No. 1041, Sanitary Sewer and Watermain Area for Graviere 2nd Addition (Res2001-
408).
6.06) Resolution Approving Lot Division and Variance for Demars-Gabriel Land Surveyors,
Inc. for Property located at 10230 28th Avenue North (2001083 — Res2001-409).
6.07) Resolution Approving Site Plan and Conditional Use Permit for a 13,225 Square Foot
Montessori School to be located at the Northwest Corner of State Highway 169 (frontage road)
and Rockford Road (2001087 — Res2001-410).
6.08) Resolution Approving a Site Plan Amendment for a Location for Two Chillers for
Property located at 3955 Annapolis Lane (2001103 — Res2001-41 1).
6.09) Resolution Approving an Interim Use Permit for a Reduction in the Number of Parking
Spaces at 13055 15`h Avenue North (2001100 — Res2001-412).
6.10) Resolution Approving a Variance for Impervious Surface Coverage in the Shoreland
Management Overlay District for an Addition for Gail and Linda Dieleman on Property located
at 11705 45`h Avenue North (2001096 — Res2001-413).
6.11) Resolution Approving a Variance to the Sign Regulations to Allow Tenant Wall Signs on
Two Street Frontages for Multi -Tenant Retail Building for Property located at 17405 County
Road 6 (2001094 — Res2001-414).
6.12) Resolution Approving a Variance to the Sign Regulations to allow Tenant Wall Signs on
Two Street Frontages for a Multi -Tenant Retail Building for Property located at 1400 County
Road 101 (2001102 — Res2001-415).
6.13) Resolution Electing to Continue Participation in the Local Housing Incentives Account
Program under the Metropolitan Livable Communities Act for Calendar Year 2002 (Res2001-
416).
6.14) Approve the 2000 CBDG Annual Performance Report.
6.15) Resolution Replacing Resolution 2000-338 Approving a Site Plan and Variances for
Delano Erickson Architects for an Office Building located on Property on the North Side of 37d'
Avenue between Vicksburg Lane and Plymouth Boulevard (20079 — Res2001-417).
6.16.1) Resolution Reducing Required Financial Guarantee for Fernbrook Woods 2nd Addition
94018 — Res2001-418).
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Regular Meeting of .`October 9, 2001
Page 4 of 13
6.16.2) Resolution Reducing Required Financial Guarantee for Fernbrook Woods 3rd Addition
96057 — Res2001-419).
6.16.3) Resolution Reducing Required Financial Guarantee for Parkers Lake Shores (20078 —
Res2001-420).
6.16.4) Resolution Reducing Required Financial Guarantee for Plum Tree East 6d' Addition
2001015 — Res2001-421).
6.16.5) Resolution Reducing Required Financial Guarantee for Plymouth Ponds Business Park
Addition (95005 — Res2001-422).
6.16.6) Resolution Reducing Required Financial Guarantee for Wayzata Farms (20100 —
Res2001-423).
6.17.1) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 2001 Street Reconstruction, Mapledell/Maple Creek Area (1001 — Res2001-424),
and a Resolution for Hearing on Proposed Assessment for 2001 Street Reconstruction,
Mapledell/Maple Creek Area (1001 — Res2001-425).
6.17.2) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Plymouth Boulevard Parking Bays and Overlay Improvement (1002 — Res2001-
426), and a Resolution for Hearing on Proposed Assessment for Plymouth Boulevard Parking
Bays and Overlay Improvement (1002 — Res2001-427).
6.17.3) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Magnolia Lane Street Reconstruction (1005 — Res2001-428), and a Resolution
for Hearing on Proposed Assessment for Magnolia Lane Street Reconstruction (1005 — Res2001-
429).
6.17.4) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for City Center Area Street Lighting (9020 — Res2001-430), and a Resolution for
Hearing on Proposed Assessment for City Center Area Street Lighting (9020 — Res2001-431).
6.17.5) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Holly Lane Street and Utility Improvement (9024 — Res2001-432), and a
Resolution for Hearing on Proposed Assessment for Holly Lane Street and Utility Improvement
9024 — Res2001-433).
6.17.6) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for Water Service Repair at 10310 39"' Avenue (1042 — Res2001-434), and a
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Regular Meeting of October 9, 2001
Page 5 of 13
Resolution for Hearing on Proposed Assessment for Holly Lane Street and Utility Improvement
1042 — Res2001-435).
6.18) Resolution Receiving Report and Calling for Hearing on Improvements to Nathan
Lane/Lancaster Lane, Rockford Road to 45a' Avenue (1014 — Res2001-436).
6.19) Resolution Requesting payment No. 3 and Final Emergency Vehicle Preemption System
EVP) Improvements (8015 — Res2001-437).
6.20) Resolution Awarding Bid for Lift Station No. 20 and Lift Station 22 Upgrades (1023 —
Res2001-438).
6.21) Resolution Approving Agreement for Maintenance of Traffic Control Systems
Agreement No. PW 24-17-01 (Res2001-439).
6.22) Resolution Finding No Objection to Lawful Gambling Exemption for Oakwood
Elementary PTA (Res2001-440).
Councilmember Black registered a no vote for item No. 6.10. She explained the impervious
surface area would exceed 25 percent, and it would have a detrimental impact on Schmidt Lake.
Councilmember Harstad stated he would be abstaining from item No. 6.17.3 due to a conflict of
interest.
Councilmember Black stated she had some concerns with item No. 6.18, but she has discussed
them with staff. She stated a berm between Lancaster Lane and County Road 9 wasn't included
in this stage of the design work but could be included in the final design. This berm could assist
in alleviating some of the noise from the roadways.
Motion carried to approve the Consent Agenda.
Councilmember Slavik requested to include a report on the Fire Department's annual open house
with item No. 9.4 under Reports and Recommendations. This item was added to the agenda.
Public Hearings
There were no public hearings scheduled).
Adopted City Council Minutes
Regular Meeting of October S, 2001
Page 6 of 13
General Business
8.1) Approve Environmental Quality Committee's Recommendations on the Medicine
Lake Water Plan
Public Works Director Faulkner requested that the Council adopt the Medicine Lake Watershed
Implementation and Management Plan as recommended by the Environmental Quality
Committee (EQC). He stated on July 17, the Council conducted a joint meeting with the EQC to
discuss the plan, and on August 8, the EQC reviewed five items that the Council requested be
discussed further. In the resolution, there are recommendations for these items that include alum
treatment, geese control, new products and technology, structural best management practices
BMP) and general comments and questions. He noted that the proposed implementation plan
requires that an Aquatic Vegetation Management Group (AVMG) be formed to evaluate and
implement specific strategies to control exotic/invasive aquatic plan species and promote the
growth of native species. He indicated that this would be a five-year plan, and there would be
approximately one-half million dollars that would be received each year for funding the plan.
Councilmember Hewitt asked if the City of Medicine Lake would be involved with the AVMG.
Public Works Director Faulkner replied yes.
Councilmember Harstad reiterated his support for an immediate alum treatment if there would be
a monitoring level of 42 parts per billion for phosphorous and/or water clarity goes below 1.5
meters. He stated he is concerned that there isn't a viable option for alum treatments.
Councilmember Stein asked if alum treatments are a one-time treatment method. Water
Resources Engineer Missaghi replied yes. He added that regarding the treatment itself,
depending on the size and depth, it could take weeks or months to put in.
Public Works Director Faulkner stated that there would be an evaluation after the fourth year of
the plan.
Councilmember Black reminded everyone that the lake is a living system, and there are
fluctuations with living systems. This is a natural system that is very dependent on a number of
variables including what is washed/drained into the lake and the weather. Therefore, these
factors affect the testing levels. She would discourage the Council to implement an alum
treatment if there was one bad test. She stated the implementation plan focuses on prevention
which provides the greatest results for the least cost.
Motion was made by Councilmember Black and seconded by Councilmember Slavik to adopt a
Resolution Adopting the Medicine Lake Watershed Implementation and Management Plan
Res2001-441).
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Regular Meeting of October 9, 2001
Page 7 of 13
Councilmember Slavik stated after four years, an alum treatment could be considered if
necessary. Therefore, she feels the language contained in the plan is the best option.
Councilmember Johnson asked that after four years, an alum treatment would be considered
regardless of any ongoing testing. Public Works Director Faulkner replied that is correct, but the
plan is meant to be flexible due to the ongoing testing.
Councilmember Johnson asked where would the revenue come from to fund an alum treatment if
necessary. Councihnember Black replied that it's unknown as to what level the watershed would
participate in the funding.
Councilmember Johnson noted that if it was determined that an alum treatment should be done
next year, there would be no funding source.
Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson to
delete "in the fifth year (2006) of contained in item No. 1 under the first "Whereas" of the
Resolution regarding alum treatment.
Water Resources Engineer Missaghi stated by waiting until the fifth year to consider an alum
treatment, it would allow time to eliminate the sources of phosphorous that are entering the lake.
He stated after the third and fourth years, they would have an indication if the BMPs were
effective.
Councilmember Black reiterated that the lake is a living system, and it took many years for the
lake to have the appearance of the current condition; therefore, it would take more than two years
to correct the problem.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, for a
substitute motion to insert "In accordance with the Medicine Lake Plan and recommendation of
the EOC in the memorandum dated September 4, 2001" in item No. 1 under the first "Whereas"
regarding alum treatment.
Councilmember Johnson stated since the five items contained under the first "Whereas" of the
Resolution are recommendations of the EQC, the Council does not have the authority to amend
these recommendations.
Councilmembers Black and Johnson withdrew their substitute motion.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to call
the question on the amendment. With all members voting in favor, the motion carried.
Adopted City Council Minutes
Regular Meeting of October 9, 2001
Page 8 of 13
With all members voting against the amendment but Harstad, the motion failed.
Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to
amend the main motion to add a "Whereas" clause in the resolution to state, "If there is a
monitoring level of 42 parts per billion for phosphorous and/or water clarity goes below 1.5
meters, that the City immediately consider an alum treatment.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to call the
ueg_ stion. With all members voting in favor, the motion carried.
With all members voting against the amendment but Harstad, the motion failed.
Erika Urban, 1541 West Medicine Lake Drive, stated the EQC considered a number of items
before an alum treatment would be used. She stated that phosphorous levels could vary from
year to year.
Jack Akins, 3205 Wellington Lane North, stated the solution to keeping the phosphorous level
low is to keep phosphorous fertilizer out of the lake and to keep leaves out of the storm sewer.
He stated that the storm utility funds should be utilized for education efforts as it directly affects
the water quality of the lake.
Councilmember Black stated that there would be an educational mailing for all City residents.
She also suggested that the tape from the July 17 Joint Meeting with the EQC be aired on the
cable channel during the time in which the mailings are sent. This would be helpful in educating
residents.
Councilmember Stein asked who would be monitoring the results from Medicine Lake and if
those reports would be provided periodically to the Council. Public Works Director Faulkner
replied Hennepin Parks would be monitoring the lake, and those reports would be provided to the
Council. The EQC, through staff, would implement the plan.
Motion was made by Councilmember Stein, and seconded by Councilmember Black to amend
the resolution to "Flow, therefore be it further resolved that two at large citizens from the
Medicine Lake Watershed District be designated to serve on the AVMG."
Councilmember Johnson stated since the Council is unsure at this time how many people would
serve on the AVMG, she suggested that it would be prudent to not assign a certain number of
citizens from the watershed district as there could be more than two from the watershed district.
Therefore, she requested a friendly amendment to delete the reference to the number of citizens
from the Medicine Lake Watershed District. Councilmembers Stein and Black accepted this
amendment.
Adopted City Council Minutes
Regular Meeting of October 9, 2001
Page 9 of 13
There being no further discussion, and with all members voting in favor of the amendment, the
motion carried.
Councilmember Harstad suggested that there be some funding contained in the implementation
plan if an alum treatment would be necessary in the fifth year. He mentioned that funding could
be included in the Capital Improvements Plan and/or funded through the storm water utility fee.
He moved that one-half million dollars be added in the Capital Improvements Plan for 2006.
This motion failed for lack of a second.
Mayor Tierney stated watershed revenues are received from the State and other cities.
Therefore, at this time, it wouldn't be appropriate to include funding in the Capital
Improvements Plan.
Councilmember Johnson agreed and stated that any proposed funding to be included in the
Capital Improvements Plan should be discussed during the Capital Improvements Plan process.
City Manager Johnson stated that the Council would be discussing the proposed Capital
Improvements Plan at the October 23 meeting.
Councilmember Black requested that copies of the staff report and the implementation plan be
provided to members of the Bassett Creek Watershed.
The Council voted on the amended Resolution. With all members voting in favor, the motion
carried.
The Council took a five minute break.
8.2) Approve Preliminary Layout of County road 101 from Highway 55 to County Road
47 (1026)
Craig Twinem, Senior Project Manager from Hennepin County, illustrated the proposed layout
of County Road 101 from Highway 55 to County Road 47. He stated the roadway would follow
the existing alignment except in the area of the two 90 degree corners, which would be
straightened. The road would be a two-lane roadway with a center turn lane area and left and
right turn lanes at designated intersections with improved sight distances. The roadway would
be urban in character with concrete curb and gutter and a storm sewer system. A trail would be
constructed on the west side of the road between Highway 55 and Evergreen Road. The
boulevards would be graded on both sides of the roadway for the construction of additional trails
at a future date. The project also includes a pedestrian underpass near a creek crossing
approximately halfway between Highway 55 and County Road 47. He stated that the County has
met individually with the three Plymouth owners affected by the project and their questions and
Adopted City Council Minutes
Regular Meeting of October 9, 2001
Page 10 of 13
concerns have been addressed. The only impact to the Plymouth properties includes driveway
reconstruction (two drives) and access during construction. He noted that the County has
worked with staff to recognize the City's Comprehensive Plan. The construction of this project
would begin early next summer. He stated the cost of the project is approximately $6 million,
and the County is not requesting any funds from the City for any of the costs of the project,
including right-of-way acquisition.
Motion was made by Councilmember Black and seconded by Mayor Tierney, to adopt a
Resolution Approving Preliminary Layout of County Road 101 from Highway 55 to County
Road 47 (1026 — Res2001-442).
Councilmember Slavik asked when the project would be completed. Mr. Twinem replied the
summer of 2003.
Councilmember Slavik asked if the County would be purchasing ample right-of-way in case
there would be a need to expand the roadway. Mr. Twinem replied yes.
Councilmember Hewitt asked how the County determines the order of road improvements in
their Capital Improvements Plan. Mr. Twinem replied they rate the roads Countywide, which
determines the order of improvements. In addition, they also strive to spread out the
improvements to all cities in the County.
Councilmember Harstad asked what would be the proposed speed limit of this roadway. Mr.
Twinem stated it's currently posted 50 mph, but they are designing the roadway for 45 mph.
There being no further discussion and with all members voting in favor, the motion carried
8.3) Consider Revised Budget for Hilde Performance Center
Park and Recreation Director Blank reported on proposed revisions to the budget for the Hilde
Performance Center. He stated this would increase the City's portion from $150,000 to
175,000 to accommodate for storm sewer, soil corrections, and paving that are currently not
contained in the agreement with the Plymouth Civic League. These funds would come from
park dedication funds. He stated that Mr. Hilde has released the funds, and the Plymouth Civic
League's building committee has approved the project. In addition, the City would be in the
position to issue the Building Permit so construction could begin on October 15. He discussed
an options summary report containing $86,057 in additional costs that provided specific costs for
other elements of the facility, i.e. toilet room rough -ins, sound system conduit, moveable sound
panels with baffle grids, bathrooms, if the Council desired to authorize additional funding to
cover those expenses.
Adopted City Council Minutes
Regular Meeting of October 9, 2001
Page 11 of 13
Councilmember Johnson asked if the $86,057 contained in the summary report included the costs
for the soil corrections, site storm sewer, and paving. City Manager Johnson replied yes;
however, it does not include an additional $2,600 to relocate the sanitary sewer.
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to admit
a Resolution Approving the Increased Funding for the Hilde Performance Center (Res2001-443).
The total budget would be $238,657 which includes the original $150,000 budget, items
contained in the options summaryport totaling $86,057 and the $2,600 to relocate the sanitary
sewer).
Councilmember Johnson stated this would be a beautiful facility, and she feels it's important to
include those items contained in the options summary report now rather than waiting until later.
She also feels that use of park dedication funds is appropriate. She suggested that the City sells
the mobile stage, and that revenue could be allocated to this project or to the park dedication
fund.
Councilmember Slavik stated that the Plymouth Civic League is trying very hard to keep the
project to budget. She noted that the Plymouth Civic League would be painting the facility, and
that would save costs. She asked what would occur if the City's portion of the project were over
budget. She also asked if there is a contingency. Park and Recreation Director Blank replied
that staff would provide a report to the Council if that would occur. City Manager Johnson
added that there was no contingency contained in the budget.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson to
amend the main motion to include a 10% contingency in the budget which would increase the
City's budget to $262,523.
Park and Recreation Director stated that the Plymouth Civic League has a $30,000 contingency
in their budget, but that doesn't affect the City's share.
Councilmember Slavik asked if the Public Works crew would be doing any portions of the work.
Park and Recreation Director Blank replied the majority of the project would be bid out.
There being no further discussion and with all members voting in favor of the amendment, the
motion carried.
The Council then voted on the amended main motion. With all members voting in favor, the
motion carried.
Adopted City Council Minutes
Regular Meeting of October 9, 2001
Page 12 of 13
Reports and Recommendations
9.1) Discuss Redistricting Plans (tabled from September 25)
Councilmember Black reiterated that this is the time for the Council to comment on any of the
proposed redistricting plans if they have strong views one way or another.
The Council did not have strong feelings for any of the plans that have been proposed.
Therefore, there was no action taken on this item.
9.2) Review Applications for Planning Commission Vacancy and Consider Date for Board
and Commission Interviews
Motion was made by Councilmember Johnson, and seconded by Councilmember Stein, to solicit
applications for all the City's board and commissions with an interview date of November 26 at
7:00 p. .
Councilmember Johnson requested that there be a link on the City's home web page for the
board and commission application.
The Council requested to add the appointments to the board and commissions on the November
27 Council agenda.
There being no further discussion and with all members voting in favor, the motion carried.
Councilmember Harstad requested that the interviews be held at the Plymouth Creek Center,
preferably in the Fireside Room if available.
9.3) Establish Topics for Joint Meeting with the City of Maple Grove
City Manager Johnson stated that he has compiled the list of items which the Council would like
to discuss at the Joint Meeting with the City of Maple Grove. He would be sending this letter to
the City of Maple Grove in order that one agenda could be prepared.
The Council requested that if the City hosts this meeting, the meeting be conducted at the
Plymouth Creek Center.
9.4) Report on Plymouth on Parade and Fire Department Open House
Adopted City Council Minutes
Regular Meeting of October 9, 2001
Page 13 of 13
Park and Recreation Director Blank provided an update on the Plymouth on Parade which was
held on October 6. He reiterated all the events that occurred that day and stated that this was a
very successful event. Mayor Tierney requested that thank you letters be sent to everyone who
assisted with this event.
Fire Chief Kline reported on the Fire Department's open house scheduled for October 13 at Fire
Station III. He stated the City would dedicating the new ladder truck, and the Red Cross would
be present to accept donations for the New York Firefighters Relief Association.
9.5) Tour of Transit Facilities
Mayor Tierney explained the Council has been invited to attend a ribbon cutting ceremony on
October 23 at 5:30 p.m. for the City's new park and ride lots. City Manager Johnson added this
would not be classified as a special meeting, but the meeting would be posted in case there
would be a quorum present.
Adiournment
Motion was made by Councilmember Slavik and seconded by Councilmember Johnson to
adjourn the meeting at 10:10 p.m. With all mem rs voting in fav It emotion carried.
andra R. Paulson, City Clerk