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HomeMy WebLinkAboutCity Council Minutes 05-01-1996Minutes Regular Council Meeting May 1, 1996 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m., in the City Center, 3400 Plymouth Blvd., on May 1, 1996. COUNCIL PRESENT: Mayor Tierney; Councilmembers Lymangood, Preus, Granath, Black, Anderson, and Wold ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens Item 3-A Forum - Plymouth Rockers Lee Johnson, 15124 40th Avenue North, represented the Plymouth Rockers. He requested that the City compensate the Plymouth Rockers' director $5,000 per year, which would be comparable to other communities. The Rockers currently receive $2,500 from the City, of which $2,000 goes to the director and $500 to the accompanist. He stated that if the City funds $5,000 for the director, the choir members will compensate the accompanist. Manager Johnson acknowledged receipt of the request and stated that it will be given consideration in developing the 1997 budget. D. E. Ronning, 1330 Oakview Lane, requested that an amount of $5,000 per year be considered for the Plymouth Rockers' director. He stated that members of the Ro4,kers are Plymouth residents who pay their own transportation, equipment, and music costs. Item 3-B Forum - Can -Do Recycling Site Nancy Wagner, 11825 26th Avenue North, stated she owns the business at 3440 Kilmer Lane. She showed photographs of the adjacent business and stated that it is in violation of City regulations regarding trash accumulation. She said that the business owners have been abusive to the neighbors when asked to clean up the site. Wendy Maxhimer, 7540 Orchid Lane, stated that the adjacent businesses are trying to keep the area clean. However, the Can -Do Recycling site has graffiti on the walls, inoperable vehicles, and semi -truck traffic. Regular Council Meeting May 1, 1996 Page 2 Manager Johnson s*ited that staff shares the concern that there is a problem on the site and efforts to address it are underway. Scott Henderson, 3431 Highway 169, stated his family has owned this building since 1972. He is concerned that his property value will decrease if he loses tenants because of the effects of the Can -Do Recycling site. He stated that graffiti has been on the building since the beginning of the year, and he believes that this industrial -type business is not a legal use in this location. Community Development Director Hurlburt stated that staff has notified the owner and tenant of violations on the site. Staff is in the process of working with them to possibly relocate and to immediately clean-up the outdoor storage problems on the site. The City Attorney will be consulted on the issue of whether this use is allowed on this site. Councilmember Lymangood concurred with the neighbors that there are problems to be addressed on the site, including difficulty in emergency access to the area because of the large trucks parked on the site. Item 3-C Forum - South Share Drive Traffic Scott Nielsen, 10314 South Shore Drive, stated that the speed humps have somewhat slowed traffic on South Shore Drive; however, vehicles often speed up after passing the humps. He said there are road curves and heavy bike and pedestrian use of the roadway. He favors the closing of the road. Manager Johnson responded that a report on the speed humps is scheduled to be considered by the Council on May 15. Public Safety Director Gerdes stated that the Traffic Enforcement Unit will continue its efforts in this area. Item 3-D Forum - County Road 9 from I-494 to Highway 169 N. Missye Olson -Elm, 4650 Yorktown Lane, requested that the City take steps to beautify County Road 9 from I-494 to Highway 169. She stated that trees and shrubs have been added to the east side of Northwest Blvd., and similar treatment is needed on County Road 9. Councilmember Lymangood responded that efforts are underway. He suggested that this item be added to the agenda for a status report. Mayor Tierney welcomed Scoui Troop 567. Item 4-A Plymouth Fire Survivors Handbook Fire Chief Kline and Assistant Chief Burke presented the Plymouth Fire Survivor's Handbook. Assistant Chief Burke stated that this unique local handbook was developed in response to firefighters noting problems with Regular Council Meeting May 1, 1996 Page 3 residents in crisis following a fire. He'reviewed the handbook contents and thanked those who funded and developed the project. Councilmembers thanked the Fire Division and the Plymouth Fire and Crime Prevention Fund members for their work on this project. Item 4-B Plymouth Civic League Presentation Barbara Willis, Sandy Adolfson, and Wes Clemens appeared on behalf of the Plymouth Civic League. They described the purpose of the Plymouth Civic League and the upcoming Music in Plymouth event. Music in Plymouth is scheduled for July 2 beginning at 5:30 p.m., with a rain date of July 9. This year's entertainment includes the Minnesota Orchestra, Up With People sponsored by Life Time Fitness), and fireworks. They thanked the City of Plymouth for financial and staff contributions to the event. Item 5 Approve Agenda Motion was made by Councilmember Lymangood, seconded by Councilmember Black, to approve the agenda with the addition of three items: County Road 9 beautification, Board of Review, and Ordinance to require 5/7 vote in order to increase tax rate. Motion carried, seven ayes. Item 6 Consent Agenda Item 6-U was removed from the Consent Agenda. Councilmember Black requested that a "nay" vote be recorded for her on Item 6-N. While it is not a legal conflict of interest, it is an ethical conflict since she approves disbursement of SCORE funds. Councilmember Lymangood requested clarification on Item 6-P. Community Development Director Hurlburt responded that the applicant has submitted a second letter stating that they would follow through on commitments made by the previous developer for the project. Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to approve the Consent Agenda as amended. Motion carried, seven ayes. Item 6-A Approve City Council Minutes Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to approve the minutes of the April 17, 1996, regular council meeting. Motion carried, seven ayes. Regular Council Meeting May 1, 1996 Page 4 Item 6-B Approve Disbursements Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-237 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 18, 1996. Motion carried, seven ayes. Item 6-C Ryan Construction Company (96036) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-238 APPROVING A SITE PLAN FOR RYAN CONSTRUCTION COMPANY FOR PROPERTY LOCATED AT 4700 NATHAN LANE NORTH (96036). Motion carried, seven ayes. Item 6-D Gearty-Delmore Funeral Chapel (95136) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-239 APPROVING SITE PLAN AND VARIANCES FOR GEARTY-DELMORE FUNERAL CHAPELS, INC., LOCATED AT THE NORTHWEST CORNER OF VICKSBURG LA"TE NORTH AND 37TH AVENUE NORTH (95136). Motion carried, seven ayes. Item 6-E Van Bloem Gardens Midwest (96025) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-240 APPROVING CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE AT VAN BLOEM GARDENS MIDWEST FOR PROPERTY LOCATED AT 2340 NIAGARA LANE NORTH (96025). Motion carried, seven ayes. Item 6-F Roger's Body Shop (96027) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-241 APPROVING SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCE FOR ROGER'S BODY SHOP FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF EMPIRE LANE AND HARBOR LANE 96027). Motion carried, seven ayes. Item 6-G Ryan Construction Company (96028) Motion was made 1 Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-242 APPROVING FINAL PLAT, SITE PLAN AND CONDITIONAL USE PERMIT FOR RYAN CONSTRUCTION COMPANY, INC., FOR PROPERTY LOCATED SOUTH OF FIRST AVENUE AND WEST OF XENIUM LANE (96028). Motion carried, seven ayes. Regular Council Meeting May 1, 1996 Page 5 Item 6-H Harold Cottle, Havoline X -press Lube (96032) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-243 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT FOR HAROLD COTTLE FOR PROPERTY LOCATED AT 9900 COUNTY ROAD 9 (96032). Motion carried, seven ayes. Item 6-I Approve Tobacco Licenses Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-244 APPROVING 1996 TOBACCO LICENSES. Motion carried, seven ayes. Item 6-J Coleman, Hall and Van Vliet (96043) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-245 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR COLEMAN, HALL, AND VAN VLIET FOR PROPERTY LOCATED AT 18640 COUNTY ROAD 24 AND 3155 WALNUT GROVE LANE NORTH (96043). Motion carried, seven ayes. Item 6-K Approve Contribution to CONECT Collaborative Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-246 APPROVE 1996 CONTRIBUTION OF $2,000 TO THE CONECT COLLABORATIVE. Motion carried, seven ayes. Item 6-L Carlson Real Estate Company, Final Plat for a SuperAmerica (94014) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-247 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF I-494 AND COUNTY ROAD 6 (94014). Motion carried, seven ayes. Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-248 ADOPTING ASSESSMENTS, CITY PROJECT NO. 614, WATERMAIN AREA FOR MINNEAPOLIS INDUSTRIAL PARK SIXTH ADDITION. Motion carried, seven ayes. Regular Council Meeting May 1, 1996 Page 6 Item 6-M Ordinance Regarding Attendance at City Council Meetings Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt ORDINANCE 96-8 AN ORDINANCE AMENDING CHAPTER 2 OF THE PLYMOUTH CITY CODE CONCERNING REQUIRED ATTENDANCE AT COUNCIL MEETINGS. Motion carried, seven ayes. Motion was made by Councilmember Lymangood, seconded by Councilmember Preus to adopt RESOLUTION 96-249 REFERRING ISSUES ABOUT CITY COUNCIL ATTENDANCE TO THE PLYMOUTH CHARTER COMMISSION. Motion carried, seven ayes. Item 6-N Recycling Grant Agreement with Hennepin County Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to. adopt RESOLUTION 96-250 APPROVING 1996 RECYCLING GRANT AGREEMENT. Motion carried, six ayes; Black abstained. Item 6-0 Set Hearing on Easement Vacation in Sugar Hills Second Addition Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-251 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF PART OF DRAINAGE AND UTILITY EASEMENT IN LOT 27, BLOCK 1, SUGAR HILLS SECOND ADDITION. Motion carried, seven ayes. Item 6-P Approve Development Contract Amendment for Mission View Addition Motion was made by Councilmember Lymangood, seconded by Councilmember Preus to adopt RESOLUTION 96-252 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AMENDED DEVELOPMENT CONTRACT FOR MISSION VIEW ADDITION 94158). Motion carried, seven ayes. Item 6-Q Approve Plans and Advertise for Bids for 1996 Crack Repair Program Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-253 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1996 CRACK REPAIR. Motion carried, seven ayes. Regular Council Meeting May 1, 1996 Page 7 Item 6-11 West Medicine Lake Drive, Project 330 Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-254 REJECTING BIDS, WEST MEDICINE LAKE PARK IMPROVEMENT PHASE I, PLYMOUTH CREEK BRIDGE, PROJECT 330. Motion carried, seven ayes. Motion was made by Councilmember Lymangood, seconded by Councilmember Preus to adopt RESOLUTION 96-255 DECLARING PROPERTY SURPLUS AND AUTHORIZING ITS CONVEYANCE TO ADJOINING PROPERTY OWNER, CITY PROJECT NO. 330. Motion carried, seven ayes. Item 6-S City of Plymouth, Final Plat for Plymouth Center Third Addition (96003) Motion was made by Councilmember Lymangood, seconded by Councilmember Preus to adopt RESOLUTION 96-256 APPROVING A FINAL PLAT FOR THE CITY OF PLYMOUTH FOR THE PROPERTY LOCATED EAST OF PLYMOUTH BOULEVARD BETWEEN 35TH AND 37TH AVENUE NORTH (96003). Motion carried, seven ayes. Item 6-T Approve Plans for Peony Lane Improvements, Project No. 502 Motion was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-257 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, PEONY LANE -- BRIDGE, STREET AND UTILITY IMPROVEMENTS PHASE H, CITY PROJECT NO. 502. Motion carriEc+, seven ayes. Item 7-A Multi -Family Housing Revenue Bonds for At the Lake Apartments Community Development Director Hurlburt presented the staff report on the request for issuance of $7,685,000 in multi -family housing revenue bonds for At the Lake Apartments. She introduced the City's Bond Counsel, Dan Nelson. Mayor Tierney opened the public hearing at 7:48 p.m. Bob Boisclair, McLair Associates, represented the applicant and was present to answer questions. The hearing was closed. Regular Council Meeting May 1, 1996 Page 8 Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-258 ADOPTING A HOUSING PROGRAM FOR AND AUTHORIZING THE ISSUANCE OF ITS MULTIFAMILY HOUSING REVENUE BONDS (AT THE LAKE APARTMENTS PROJECT) SERIES 1996 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,685,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, A REGULATORY AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS. Motion carried, seven ayes. Item 8-A (6-U) Authorize Feasibility Report for East Medicine Lake Regional Trail Bruce Paddock, 2700 E. Medicine Lake Blvd., stated that he attended the March 18 meeting at Armstrong High School regarding the proposed East Medicine Lake trail. He strongly supports moving forward with the project and is open to any reasonable efforts including completely closing the road, limiting the road to a one-way, or segregating the vehicle and pedestrian areas. Manager Johnson stated that further reports on the safety issues will be presented at the May 15 Council meeting. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 96-259 AUTHORIZING MEDICINE LAKE TRAIL FEASIBILITY STUDY. Motion carried, seven ayes. Item 9-A Accept First Quarter Financial Report Finance Director Hahn presented the First Quarter Financial Report. He predicted a positive year for the General Fund, and noted that recreation revenues are down. The sump pump program has identified areas where permits will be like', be issued for winter discharge because of serious icing problems. Motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to accept the First Quarter 1996 Financial Report. Motion carried, seven ayes. Regular Council Meeting May 1, 1996 Page 9 Item 9-11 Approve Comments on Metropolitan Council Growth Options Motion was made by Councilmember Anderson, seconded by Councilmember Wold, to adopt RESOLUTION 96-260 DIRECTING STAFF TO TRANSMIT COMMENTS ON THE METROPOLITAN COUNCIL'S REPORT, "GROWTH OPTIONS FOR THE TWIN CITIES METROPOLITAN AREA". Councilmember Preus stated that the City has not yet identified an approach with respect to development of northwest Plymouth. He asked how the growth options would relate to the northwest Plymouth development issue. Community Development Director Hurlburt summarized the staff report. She stated that the Metropolitan Council will be selecting a preferred growth option this summer. Staff is not recommending that the City Council take a specific position indicating a preference among the three growth options at this time. Two of the growth options (Current Trend and Growth Centers) imply that the Elm Creek Interceptor would be extended, indicating that northwest Plymouth would be part of the pre -2020 urban expansion with the exact area to be determined by local plans. These options would give Plymouth more choices and freedom to plan its future development. The third option Concentrated Development) appears to indicate that the interceptor would not be extended until after 2020. This option would limit Plymouth's options, as the current MUSA area is rapidly being consumed. Councilmember Lymangood stated that some landowners in northwest Plymouth wish to have the MUSA extended and others do not. He has not determined which is the best course of action for the City; however, he would like all options available for Council consideration. He stated that the City should be engaging northwest Plymouth residents in the growth discussion. Substitute motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION DIRECTING STAFF TO TRANSMIT COMMENTS ON THE METROPOLITAN COUNCIL'S REPORT, "GROWTH OPTIONS FOR THE TWIN CITIES METROPOLITAN AREA," with the addition of the language would likely be" in the second paragraph of the letter. Councilmember Lymangood explained that the City's existing sewer system was designed to ultimately serve about 100,000 persons. He stated that the City may have an option of serving the entire City without an expansion of the urban service area. He would like the City to retain all options. Councilmember Anderson withdrew his motion. Regular Council Meeting May 1, 1996 Page 10 Mayor Tierney stated that there is a discrepancy in the number of households between this report and the Board of Review report. Community Development Director Hurlburt stated that 24,000 households is based on previous Metropolitan Council estimates, factoring in the number of issued building permits. Councilmember Granath referenced a recent report by the Builders' Association. Director Hurlburt stated that she will provide the Council with an executive summary of that information. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to call the question. Motion carried, seven ayes. Mayor Tierney stated she would like to amend the motion to direct staff to change the 24,000 households to a more accurate figure. The question had been called, and the motion carried, six ayes; Tierney nay. Staff was directed to recheck the number of households. Item 9-C County Road 9 from I-494 to Highway 169 Councilmember Lymangood requested a status report on the plans for County Road 9 beautification from I-494 to Highway 169. He also would like to direct staff to provide funding options for doing this project either in 1996 or 1997. Park and Recreation Director Blank explained that the City Forester has prepared a plan which is being reviewed and certified by the Engineering Division. The plan will then be submitted to the County where approval is anticipated. He estimated a cost of $40,000 to $60,000 to complete the plan, and noted that $15,000 in the 1996 reforestation budget is designated for fall planting on the project. He stated that the 1997 budget will propose funding for the completion of the project. Several councilmembers commented that they would like to see more of the project completed this summer; however, Director Blank responded that summer planting is not optimal. Fall and spring plantings are proposed for the best results. Item 9-D Board of Review Mayor Tierney noted that the reconvened Board of Review meeting is scheduled for May 20. She polled the Council to ensure that a quorum would be available for this meeting. Regular Council Meeting May 1, 1996 Page 11 Item 9-E Ordinance to Require a 5/7 Vote of the Council to Increase the Tax Rate Councilmember Preus stated that only a simple majority vote is currently needed in order to increase the City tax rate. He favors a provision to require a 5/7 vote of the Council. Initially, it was proposed that the Council adopt an ordinance to accomplish this; however, the City Attorney determined that this may be inconsistent with the City Charter. Councilmember Preus advised the Council that he has asked Manager Johnson to recommend options for enacting this through the Charter Commission at the May 15 Council meeting. Motion was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn the meeting at 8:30 p.m. Motion carried, seven ayes. w Laurie F. Ahrens City Clerk