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