HomeMy WebLinkAboutCity Council Minutes 10-16-1996Minutes
Regular Council Meeting
October 16, 1996
The regular meeting of the Plymouth City Council was called to order by Mayor Tierney
at 7:00 p.m., in the City Council Chambers, 3400 Plymouth Blvd., on October 16, 1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Granath, Black, Anderson,
Lymangood, and Preus.
ABSENT: Councilmember Wold.
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 Knetsch, and
City Clerk Ahrens.
Item 3-A Forum; Request for Traffic Signal
Debbie Enger, 3160 Sycamore Lane, requested installation of a traffic signal
at West Medicine Lake Road and Northwest Blvd. She noted that in 1995,
Hennepin County conducted a traffic study and agreed that a signal was
warranted at this intersection. However, the location did not rank high enough
for funding. She said that with the new development in the area, it is
important that a signal be installed for safety. There is a blind curve near the
intersection, and school buses that stop on Northwest Blvd. are at risk of being
rear-ended. The Wayzata School District Transportation Office agrees with
the need for the signal. In addition, pedestrians cross Northwest Blvd. to get
to the parks.
Manager Johnson explained that this location was studied about 16 months
ago by Hennepin County and a signal was found to be warranted at that time.
However, it did not rate high enough for county funding. This is a county
road, but the City would be repaying 75 percent of the signal cost. One option
would be for the City to pay 100 percent of the cost in order to move up the
project. There has been new development in the neighborhood, including
parks. He suggested that staff could prepare a report back to the Council in
four weeks.
Councilmember Anderson suggested that it would be helpful for area residents
to submit a petition requesting the signal, similar to what the City requires on
a stop sign request.
Ms. Enger said that a petition was done in 1995.
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October 16, 1996
Page 2
Judy Johnson, 12950 30`' Avenue North, added that residents in Westminster
Addition also support the request. This neighborhood was not part of the
1995 petition request. She said that this is a natural location for pedestrians to
cross Northwest Blvd., and the signal is needed for safety.
Councilmember Lymangood stated that it would be helpful to consider the
specific requirements for traffic signal installation.
Public Works Director Moore explained that there is no City policy on traffic
signals, as there is for stop signs. He suggested that an updated traffic study
could be authorized at the next Council meeting.
Councilmember Lymangood agreed this should be placed on the next Council
agenda. He understands the need for the signal and does not believe another
petition is needed.
Councilmember Anderson suggested that a petition would be helpful,
especially from the immediately affected residents, in order to avoid a
situation like the Bass Lake Playfield crossing where residents indicated they
did not want the signal after it was installed. Councilmember Lymangood
concurred.
Councilmember Black asked if the signal will be similar in stature to the Bass
Lake Playfield signal. She asked where immediately affected neighbors could
check similar signals in order to understand what it would look like.
Director Moore said it would be similar to the Bass Lake Playfield signal.
Residents could also check a similar signal at Campus Drive and Northwest
Blvd., or Highway 55 and Northwest Blvd. The signal would operate 24
hours per day.
Ms. Enger expressed concern that an updated traffic study would not reflect
the new development coming in to the area. She would prefer that the signal
not operate all the time, as it is needed only during rush hours.
Item 3-11 Forum; Super -Majority Vote Requirement for Tax Rate Increase
Robert Fernelius, 5220 Larch Lane, addressed the Council regarding the issue
of a super -majority vote requirement for a tax rate increase. He thanked
Councilmembers Wold, Lymangood, and Granath for working on the issue.
He had reviewed the Charter Commission minutes of September 9 and 30 and
said that it is clear that the Charter Commission members, none of whom are
elected, have any intention of bringing the issue to the voters. The Charter
Commission had five months to decide the issue, but they delayed until it was
Regular Council Meeting
October 16, 1996
Page 3
too late to get the question on the ballot. He believes that the Charter
Commission should report to the City Council and expressed concern that one
of the speakers to the Charter Commission was the former Plymouth City
Manager whose contract with the City proved more lucrative than allowed by
law. Mr. Fernelius said that Virgil Schneider, who was previously voted out
of office as Mayor, now serves as Chairman of the Charter Commission, and
his Charter Commission term runs through 1999.
Mayor Tierney explained that the Charter Commission was appointed by the
Chief District Judge and the Commission established the City's system of
seven councilmembers. She said that the super -majority vote is an issue of
political philosophy, and the Charter Commission has not said that they don't
want the issue to go to the voters. The Charter Commission did not complete
their deliberations until recently, and the Commission found no urgency on
the issue because the City has an enviable tax situation. The issue will be
debated with the potential of either compromise language or two alternative
proposals being on the ballot in 1998.
Councilmember Granath indicated to Mr. Fernelius that Councilmember Preus
deserves the credit for promoting the super -majority tax rate concept.
Mayor Tierney said that she is not sure who deserves the credit, as
Councilmember Preus said before the Charter Commission that he didn't want
to bring the issue forward.
Councilmember Preus thanked Mr. Fernelius for commenting on the issue.
He said Mayor Tierney's statement was incorrect. He never indicated that he
didn't want to bring this issue forward. In fact, he intends to keep pushing the
issue until it is part of the City Charter. He agreed that the Charter
Commission should not have kept the issue from going to the voters in 1996.
Councilmember Lymangood notified Mr. Fernelius that discussion of Charter
Commission terms of office is an item for discussion later on the agenda.
Item 4-A Announcement of Picture Plymouth Photo Contest Winner
Assistant Manager Lueckert stated that a Picture Plymouth Photo Contest has
recently been publicized. Sixty entries were received from 35 people. All of
the photos will remain on display at City Hall through the Open House on
October 26. She announced that the grand prize winner was Alice M. Ellison.
Mayor Tierney presented recognition plaques to the honorable mention
winners Edward Boucher, Nancy Campbell, and Mark Wahl.
Regular Council Meeting
October 16, 1996
Page 4
Item 4-B Greening of Plymouth Planting
Mayor Tierney announced that volunteers are needed for the "Greening of
Plymouth Planting" scheduled for October 26.
Item 5 Approve Agenda
Manager Johnson stated there is a revised resolution for Item 6-E. He
referenced new information on Item 6-G, Ice Arena Bids, which were received
earlier this week, and additional information on Item 6-R relating to Cable TV
programming. He noted that an alternative resolution has been drafted on
Item 6-Q.
Councilmember Granath requested that a report on the cougar sighting in
Plymouth be added to the agenda. He also distributed information relating to
a recent court decision on false campaigning.
Councilmember Black requested that a report on the phosphorus -free fertilizer
sales be added to the agenda.
Councilmember Anderson requested that discussion of a memo regarding the
City Council and staff travel policy be added to the agenda.
Motion was made by Councilmember Black, seconded by Councilmember
Granath, to approve the agenda as amended. Motion carried, six ayes.
Item 6 Consent Agenda
Items 6-13, 6-G, and 6-Q were removed from the Consent Agenda.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to approve the Consent Agenda as amended. Motion carried, six ayes.
Item 6-A Approve Disbursements
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-556 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING OCTOBER 4,1996. Motion carried, six
ayes.
Item 6-B Dean and Alice Fjelstul (96107)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-557 APPROVING FINAL PLAT FOR
DEAN AND ALICE FJELSTUL FOR SYCAMORE WOODS
LOCATED AT 410 SYCAMORE CIRCLE NORTH (96107). Motion
carried, six ayes.
Regular Council Meeting
October 16, 1996
Page 5
Item 6-C Opus Northwest L.L.C. (96108)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-558 APPROVING MPUD
PRELIMINARY PLAN AMENDMENT AND CONDITIONAL USE
PERMIT AMENDMENT FOR OPUS NORTHWEST L.L.C. FOR
PROPERTY LOCATED EAST OF NORTHWEST BOULEVARD AT
XENIUM LANE (96108). Motion carried, six ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-559 APPROVING MPUD FINAL
PLAN/PLAT FOR OPUS NORTHWEST L.L.C. FOR PROPERTY
LOCATED EAST OF NORTHWEST BOULEVARD AT XENIUM
LANE (96108). Motion carried, six ayes.
Item 6-E Weston Corporation (96023)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-560 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) FINAL PLAN/PLAT FOR
WESTON CORPORATION FOR "THE COURTS AT NANTERRE"
LOCATED WEST OF VICKSBURG LANE AND NORTH OF
HOLLYDALE GOLF COURSE (RPUD 95-3) (96023). Motion carried, six
ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-561 ADOPTING ASSESSMENT,
CITY PROJECT NO. 625, SANITARY SEWER AND WATERMAIN
AREA, THE COURTS AT NANTERRE ADDITION. Motion carried, six
ayes.
Item 6-F Abatement of Hazardous Buildings Located at 14205 Rockford Road
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-562 APPROVING ORDER TO
REPAIR OR REMOVE HAZARDOUS BUILDINGS SITUATED ON
THE PROPERTY AT 14205 ROCKFORD ROAD. Motion carried, six
ayes.
Regular Council Meeting
October 16, 1996
Page 6
Item 6-H Amendments to the Land Use Guide Plan Map for the City of Plymouth
96141)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-563 AUTHORIZING SUBMISSION
TO THE METROPOLITAN COUNCIL OF AMENDMENTS TO LAND
USE GUIDE PLAN ELEMENT AND TRANSPORTATION ELEMENT
OF THE COMPREHENSIVE PLAN (96141). Motion carried, six ayes.
Item 6-I Steven Papermaster (96124)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-564 APPROVING VARIANCE FOR
STEVEN PAPERMASTER FOR PROPERTY LOCATED AT 2730
PINEVIEW LANE NORTH (96124). Motion carried, six ayes.
Item 6-J Little Flowers Montessori School (96130)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-565 APPROVING VARIANCE FOR
PREETHY AND ANSLEM GOONETILLEKE FOR LITTLE
FLOWERS MONTESSORI, LOCATED AT 4155 ZACHARY LANE
NORTH (96130). Motion carried, six ayes.
Item 6-K Richard Bloom (96056)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-566 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR RICHARD BLOOM FOR
PROPERTY LOCATED AT 16440 OLD ROCKFORD ROAD (96056).
Motion carried, six ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-567 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 626, WATERMAIN AREA, GOLFVIEW
WOODS ADDITION. Motion carried, six ayes.
Item 6-L DJD Properties (96131)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-568 APPROVING FIRE LANE
VARIANCE FOR DJD PROPERTIES TO ALLOW A BUILDING
ADDITION AT DALCO ROOFING AND SHEET METAL, INC., 15525
32ND AVENUE NORTH 996131). Motion carried, six ayes.
Regular Council Meeting
October 16, 1996
Page 7
Item 6-M Caliber Development Corporation (96121)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-569 APPROVING MPUD FINAL
PLAN/PLAT FOR CALIBER DEVELOPMENT CORPORATION FOR
PROPERTY LOCATED WEST OF NIAGARA LANE AT 21sT
AVENUE (MPUD 83-1) (96121). Motion carried, six ayes.
Item 6-N Conveyance relating to County Road 9 Improvements, Project No. 402
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-570 DECLARING PROPERTY
SURPLUS AND AUTHORIZING CONVEYANCE TO THE
ADJOINING LAND OWNER, CITY PROJECT NO. 402. Motion
carried, six ayes.
Item 6-0 Reductions in Required Financial Guarantees
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-571 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLUM TREE ADDITION (94162). Motion
carried, six ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-572 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLUM TREE 2ND ADDITION (96103).
Motion carried, six ayes.
Item 6-P Street and Utility Improvements, Project 415
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-573 ADOPTING ASSESSMENTS,
UTILITIES IMPROVEMENTS, CITY PROJECT NO. 415,
WESTBRANCH 3" ADDITION PHASE I. Motion carried, six ayes.
Item 6-R Return to Normal Playback Schedule on Channel 37
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to authorize a return to the normal Channel 37 playback schedule, to
include multiple replays of Council and Planning Commission meetings on
Channel 37, to encourage staff to work with Northwest Community Television
to find no and low-cost programming to be televised via the Cities Network,
and to accept the staff recommendation for a revised playback schedule to be
used while County Road 9 construction is interrupting the ability to pick up
additional programming from the Cities Network. Motion carried, six ayes.
Regular Council Meeting
October 16, 1996
Page 8
Item 6-S Change Order for Elm Creek Playfield Project
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-574 APPROVING CHANGE
ORDERS FOR THE ELM CREEK PLAYFIELD PROJECT. Motion
carried, six ayes.
Item 6-T Special City Council Meeting Time for November 6
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to establish a Special City Council Meeting for November 6, 1996, at
6:20 p.m., to consider a salary adjustment for the City Manager. Motion
carried, six ayes.
Item 7-A Assessment Hearing for 1996 Weed Eradication and Destruction, Roll 1
Finance Director Hahn presented the staff report on the assessment hearing
for1996 weed eradication and destruction, Roll 1.
Mayor Tierney opened the public hearing.
Michael Klatte, 18575 County Road 24, stated he is one of the owners of the
Elm Creek Golf Course. He said there was a dandelion problem on the
property to the northeast of the golf course, which is owned by either the City
or School District 284. He asked that this be addressed in 1997.
Mayor Tierney closed the public hearing.
Park Director Blank said the golf course abuts the new park property which is
under construction. This was acquired by the City of Plymouth mid -year, and
it has been a natural field for many years. Staff will check the site in the
spring.
Motion was made by Councilmember Anderson, seconded by Councilmember
Granath, to adopt RESOLUTION 96-575 ADOPTING ASSESSMENTS,
1996 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion
carried, six ayes.
Item 7-11 HEARING ON 1996 PAST DUE FALSE ALARM PERMIT FEES
Finance Director Hahn presented the staff report on the proposed assessments
for 1996 past due false fire alarm permit fees.
Mayor Tierney opened the assessment hearing. No one appeared, and the
hearing was closed.
Regular Council Meeting
October 16, 1996
Page 9
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-576 ADOPTING ASSESSMENTS,
1996 PAST DUE FALSE FIRE ALARM PERMIT FEES. Motion carried,
six ayes.
Item 7-C1 SPECIAL ASSESSMENT HEARING, NW -19 TRUNK SANITARY
SEWER, PROJECT 503
Public Works Director Moore presented general information on the
assessment hearings for Items 7-C and 7-D. He explained that any property
owner who wishes to object to their assessment, must file a written notice
before or at this public hearing. He presented information on Project No. 503,
NW -19 Trunk Sanitary Sewer. The assessment rate for sewer area is $880 per
acre for residential property and $1,320 per acre for commercial/industrial
property. In addition, three properties that do not directly abut the
improvement will be able to connect to this sewer line. Those properties are
proposed to be assessed sewer lateral charges. The overall cost for the project
is approximately $1.2 million, and the amount to be assessed is $388,321.62.
Mayor Tierney opened the assessment hearing on Project 503.
Mike Matte, 18515 County Road 24, stated he is one of the partners owning
Elm Creek Golf Course. He said that one year ago, he installed a new septic
system after he was informed by a City inspector that there would be no sewer
assessments on his property for 10 years. He is proposed to be assessed
9,600 for this project. His partner is in favor of the improvements, but he
questioned if the assessment can be paid over time and whether he is required
to connect to the sewer line since he has a newly approved septic system. He
stated that he will pay the assessment because it is a good deal, but wants to
know if he is required to connect to the new sewer line.
Mayor Tierney closed the public hearing.
Public Works Director Moore explained that a portion of the Elm Creek Golf
Course property will be served by this trunk sanitary sewer. At some point in
the future, the owners could connect to the sewer if they chose. He stated the
owners have the option of paying the entire assessment within 30 days or
paying it in five equal annual installments at 8 percent interest. The property
would not be required to connect to sanitary sewer until the lateral service is
installed. Then it is mandatory that connection occur within two years.
Councilmember Anderson asked why the City would, as a matter of policy,
assess the charges for the improvements to the golf course now, rather than
wait until they connect to sewer service in the future.
Regular Council Meeting
October 16, 1996
Page 10
Director Moore stated that the assessment is proposed now because the City
has installed facilities that benefit the property. He added that the golf course
club house would not be served by this system.
Councilmember Anderson asked why Mr. Klatte would have received
assurances from staff that the sewer would not be coming in for 10 years and
that he should replace his septic system.
Director Moore responded that is correct for the club house location.
Councilmember Anderson said his concern is that this is a recreational
property which residents highly value as indicated in the recreational needs
study. He does not want to send the wrong message that the City is
encouraging development of the property as something other than a golf
course.
Director Moore said that one issue is whether the City should allow properties
to benefit from improvements that have been installed without paying the
assessment. He noted that the septic system is still needed at this time.
Park Director Blank said that this parcel is the only portion of the golf course
within the Metropolitan Urban Service Area.
Mr. Klatte said that his partner believes this improvement will increase the
value of the property and does not object to the assessment. However, Mr.
Klatte is in favor of retaining the golf course use of the property.
Attorney Knetsch stated that Mr. Klatte has the legal right to file an objection
at this hearing.
Councilmember Lymangood suggested that the Council could adopt the
assessment roll with the exception of the golf course property for further
review.
Manager Johnson agreed that there is merit in tabling the assessment for the
golf course property for further review since preservation of golf courses in
Plymouth has been a recreational priority.
Regular Council Meeting
October 16, 1996
Page 11
Motion was made by Councilmember Lymangood, seconded by
Councilmember Anderson, to adopt RESOLUTION 96-577 ADOPTING
ASSESSMENTS, CITY PROJECT NO. 503, SANITARY SEWER
AREA; RESOLUTION 96-578 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 503 SANITARY LATERAL; and RESOLUTION 96-579
ADOPTING ASSESSMENTS, CITY PROJECT NO. 503, SANITARY
SEWER AREA, and to table consideration of the Elm Creek Golf Course
assessment to November 6. Motion carried, six ayes.
Item 7-C2 Assessment Hearing on 1996 Street Reconstruction Program, Project 602
Public Works Director Moore described the areas involved in the 1996 Street
Reconstruction Program and explained the purpose of the program. Under the
program, 70 percent of the overall costs are paid from general tax dollars and
30 percent is assessed to benefited property owners. The proposed assessment
rates for 1996 are $949 per single family lot, $771 per unit for twinhomes, and
717 per unit for apartments. He said the cost of the overall program is
slightly over $1.2 million, with $400,000 proposed to be assessed. Written
objections to the assessments have been received from Jeffrey and Darlene
Olson, and David and Kathy Helgeson. He recommended two resolutions for
adoption by the Council.
Mayor Tierney opened the assessment hearing on the 1996 Street
Reconstruction Program, Project 602.
Larry Kelner, 4750 Orleans Lane, said he spoke to the Council when the
project was approved this spring and noted that people only have a limited
amount of money to spend. He has done many repairs to his home. Mr.
Kelner said that one of the project contractors didn't believe that the project
was needed. He said that although the final project cost is less than the
original estimated cost, the proposed assessment amounts are the same. He
believes that the single family properties should realize some of the cost
savings.
Darlene Olson, 4705 Quaker Lane, stated that the improvement looks nice but
she questioned whether it was needed as there were not many potholes. She
was informed that there were problems with drainage. She views this as a
preexisting condition that should have been corrected when the improvements
were originally installed about 15 years ago. Ms. Olson said the amount of
the assessment is too high.
Glen Flekke, 3495 Pilgrim Lane, agreed with Mr. Kelner that the single family
assessments should reflect some of the cost savings in the project.
Regular Council Meeting
October 16, 1996
Page 12
Mayor Tierney closed the public hearing.
Public Works Director Moore explained that the 70/30 cost sharing split
relates to the overall reconstruction program. The estimated proposed
assessment rates are fixed rates and do not directly relate to the total project
cost. This ensures that property owners throughout the City pay a similar
charge, and that the cost difference each year is paid by the City. The City
ensures that no more is assessed to a property than the actual cost of the
improvement. He said that the rates established in 1987 have been adjusted
each year by the construction cost index. The City's cost varies each year
depending on bids received and the type of improvements required; however,
the assessment rates remain fixed. He noted that the cost for the
improvements would be about four times as much if the City waited until the
streets were fully deteriorated to do reconstruction. Money is saved by
reconstructing the streets at the appropriate time.
Manager Johnson added that the City does a rating system on all streets every
two years for the reconstruction program.
Councilmember Anderson supported the concept of repairing streets before
they deteriorate to a very poor condition and become big problems. He
believes that street quality is reflected in home values. He asked if the
difference in cost from the estimated to final project cost ($200,000) should be
split between the City and the property owners.
Director Moore said that the proposed assessment amounts were established
before bids were received for the project. If the project cost had exceeded the
estimate, the assessment rates would not have increased. He said that the
savings from the project will extend the funding for the reconstruction
program that the Council levies in future years. The estimated cost for a
reconstruction project is usually within 5 to 10 percent of the actual cost.
Councilmember Anderson said it appears that the cost estimate for the 1996
reconstruction program was off by about 20 percent.
Dave Nummer, Civil Engineer, said the difference of $220,000 is between the
feasibility study estimate and the actual bids. The Engineer's Estimate which
was done following the feasibility study resulted in a $1,218,000 project cost
estimate which was much closer to the actual project cost.
Regular Council Meeting
October 16, 1996
Page 13
Councilmember Lymangood said his concern relating to the 70/30 cost split is
that in this situation the assessments have gone from 28 percent to 33 percent
of the total project cost based on the final construction costs.
In response to a question by Mayor Tierney, Director Moore said that property
owners in the 1995 reconstruction area paid an assessment of about 3 percent
less. A standard assessment rate ensures that residents will not face
tremendous variances in assessment amounts from year to year under the
program.
Councilmember Granath explained that a couple of years ago, he served on a
subcommittee to examine the street reconstruction policy. Some changes
were subsequently made by the City Council. He believes that this is the
correct application of the policy.
Mayor Tierney explained that some cities directly charge the full cost of
reconstruction to residents. Plymouth has favored a 30 -year program,
whereby the City pays 70 percent of the overall program costs. She believes
that the policy has worked well, and there is a financial benefit to nearly all
residents involved in the reconstruction program. She asked why drain tile
was not included when the project was initially constructed.
Director Moore said that drain tiles were not installed as much during
construction done 10 to 20 years ago. Drain tiles were installed in portions of
the project where it did not exist before, and property owners were provided
with a place to connect their sump pumps into the drain tiles. Drain tiles are
now a required standard during construction in low areas.
Motion was made by Councilmember Black, seconded by Councilmember
Granath, to adopt RESOLUTION 96-580 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 602,1996 STREET RECONSTRUCTION
PROGRAM; and RESOLUTION 96-581 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 602,1996 STREET RECONSTRUCTION
PROGRAM.
Councilmember Anderson spoke against the motion. He believes that 30
percent of the final project cost should be assessed to benefiting property
owners.
Councilmember Lymangood stated that individuals who object to their
assessment should submit an appeal in writing. He stated that some policy
changes were made following a recent court decision relating to assessment
rates for apartments in Plymouth.
Regular Council Meeting
October 16, 1996
Page 14
Public Works Director Moore suggesting deferring action if the Council is
inclined to adjust the assessment amounts because it could impact future years
of the program.
Mayor Tierney did not support a policy change at this time but said that the
program could be studied.
Councilmember Preus said he is sympathetic to the comments made by
residents but will support the assessments in order to be consistent with the
Street Reconstruction Policy. He supports studying the policy for changes
needed for equity.
Councilmember Anderson agreed and said that a subcommittee can be
convened to study the policy.
Motion carried: five ayes; Lymangood nay.
Mary Gunderson, 4735 Pilgrim Lane, stated that the policy should be studied
before the assessments are adopted.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Anderson, to establish a subcommittee to address the Street
Reconstruction assessment policy.
Councilmember Granath said this is a fine idea and suggested that the issue
should be addressed by the new City Council.
Councilmember Lymangood agreed it is time to review and either reaffirm or
amend the assessment policy. Citizens could be asked to serve on the
subcommittee, as well as the two unopposed Council candidates.
Councilmember Preus encouraged citizens to provide comments to the
subcommittee when it is formed.
Motion was made by Councilmember Preus, seconded by Councilmember
Black, to table the establishment of the subcommittee on the assessment
policy to November 20.
Motion to substitute was made by Councilmember Lymangood, seconded by
Councilmember Anderson, to table the subcommittee consideration to
November 6. Motion to substitute carried five ayes; Granath nay.
Regular Council Meeting
October 16, 1996
Page 15
Main motion carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Granath, to reconsider action on Item 7-C 1.
Councilmember Preus stated that the Council's action on this item exempted
the special assessment for Elm Creek Golf Course. However, the assessment
roll also contains an assessment for the Hollydale Golf Course.
Manager Johnson recommended that there is no harm in tabling that
assessment as well for further review.
Motion to reconsider carried, six ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Granath, to adopt RESOLUTION 96-577 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 503, SANITARY SEWER AREA; RESOLUTION
96-578 ADOPTING ASSESSMENTS, CITY PROJECT NO. 503
SANITARY LATERAL; and RESOLUTION 96-579 ADOPTING
ASSESSMENTS, CITY PROJECT NO. 503, SANITARY SEWER
AREA, and to table consideration of the Elm Creek Golf Course
assessment and the Hollydale Golf Course assessment to November 6.
Motion carried, six ayes.
Item 7-1) Off -sale 3.2 License for Willow Creek Grocery, Inc.
City Clerk Ahrens presented the staff report on the application of Willow
Creek Grocery, Inc., 8 Nathan Lane, for an off -sale 3.2 malt liquor license.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-582 APPROVING OFF -SALE 3.2.
LIQUOR LICENSE FOR WILLOW CREEK GROCERY INC., 8
NATHAN LANE. Motion carried, six ayes.
Mayor Tierney called a five minute break.
Item 8-A Charter Commission Appointments
Councilmember Lymangood brought to the Council's attention several issues
relating to appointment of Charter Commission members. He stated that the
intent of the statute relating to Charter Commission appointments is for
staggered terms; however, all terms of the Plymouth Charter Commission
Regular Council Meeting
October 16, 1996
Page 16
expire in 1999. He would like the Charter Commission to return to staggered
terms. He said that the Plymouth Charter was reestablished in June 1991, and
the maximum length of terms should be for half of the members to have terms
expiring in June 1997. Councilmember Lymangood said another portion of
the statute relates to filling Charter Commission vacancies. If the District
Court Judge does not proceed to fill a vacancy in a certain period of time, then
the City Council can do so. He recommended that the Council notify the
Court of the Council's intention to fill the current vacancy on the Charter
Commission. The statute also indicates that no person may be appointed to
more than two successive terms, for an eight-year total. The City has received
information from the District Court Judge that individuals appointed to serve
the remainder of a term are eligible for two additional four-year terms. He is
concerned about the potential length of those appointments.
Manager Johnson said he has heard a number of options on how to proceed.
He presented three sample letters. The first could be sent to Plymouth's
legislative delegation requesting special legislation to change the Charter
Commission appointments to staggered terms. The second letter could be sent
to the Charter Commission for their suggestions on how to solve the problem.
The third letter would notify the Court of the Council's intent to consider the
appointment. He said that the any or all of the three letters could be used to
address the issues.
Mayor Tierney expressed concerns about the third letter to the Court. She
does not believe it makes sense to fill vacancies until the staggered terms are
considered. Some existing members may be willing to resign from the
Charter Commission, and she believes that staggered terms should be
addressed before further appointments are determined.
Councilmember Lymangood spoke against that course of action. He said
there have recently been decisions on two significant issues, both of which
were on a 6 to 5 vote. He would prefer to proceed so that the appointments
are made.
Councilmember Preus agreed that filling a vacancy does not complicate the
issue. It may even help the situation if the person's term carries over when
others end.
Councilmember Preus said that Charter Commissioner Sipkins also suggested
that the appointment issue could be referred back to the judge. He asked if it
would be possible for the judge to make a determination that some of the
terms would conclude in July 1997, rather than all currently expiring in July
Regular Council Meeting
October 16, 1996
Page 17
1999. In other words, the length of some terms would be retroactively
changed.
Attorney Knetsch said he is unsure whether this could be done even if a judge
were inclined to do so. The statute specifies four-year terms.
Councilmember Preus suggested that both the City Council and the Charter
Commission could recommend to the judge that this be done. This would be
easier than going through a legislative process.
Attorney Knetsch said this would provide a stronger argument for the
amended terms and it could be explored. If a court order were issued, the City
could proceed on that basis. Even if the judge were wrong in so doing, it
would become valid if it was not challenged. He believes that the appeal
period would be 30 or 90 days.
Councilmember Preus also spoke in favor of sending the second letter to the
Charter Commission. He said that one solution would be for the Charter
Commission to make an initiative to decide among themselves who would
voluntarily resign effective July 1997 in order to achieve staggered terms.
Attorney Knetsch explained that a subsequent appointment to fill a vacancy
would be for the unexpired term and the terms would still not be staggered.
However, if voluntary resignations were done then perhaps there would be an
opportunity to stagger the terms with the Chief Judge's approval as of 1997.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, that the Plymouth City Council respectfully requests
the Charter Commission to review this item with guidance from staff and the
City Attorney's office for any suggestions or recommendations they may have
on how to proceed; that the Plymouth City Council notify the Chief Judge
regarding this issue and make a suggestion for his consideration to resolve the
issue, as well as notifying him of the vacancies and the Council's intention to
act to fill the vacancies if he does not do so; and to notify area legislators of
this issue now in the event that the Council may need to seek legislation in the
next session.
Motion to amend was made by Councilmember Preus, seconded by
Councilmember Anderson, to add to the motion an avenue by which the City
Council and the Charter Commission could each make the same
recommendation to the District Court Judge to execute an order which would
end the terms of seven of the existing Charter Commission members in July
1997.
Regular Council Meeting
October 16, 1996
Page 18
Motion to amend carried, six ayes.
Councilmember Preus suggested that the City Attorney could draft a proposed
order to be forwarded to the Chief Judge, with support indicated from the City
Council and the Charter Commission. For clarification, he suggested that a
provision could be included in the proposed order that no one who had served
two terms would be eligible for another four-year term.
Motion to amend was made by Councilmember Preus, seconded by
Councilmember Anderson, to direct the City Attorney to draft a proposed
order to be submitted to the Chief Judge asking the Judge not to appoint
anyone to the Charter Commission who has already served two terms,
irrespective of the length of the terms, or who has served any portion of a term
and a four-year term.
Mayor Tierney stated that to have some Charter Commission terms end in
July 1997 would be a mutually determined scenario.
Councilmember Lymangood said that the City Council would not be involved
in determining which Charter Commission terms would expire in July 1997.
He hopes that the Charter Commission would do this. If they are unable to do
so, the decision would be with the Judge.
Councilmember Preus agreed that the City Council should not be involved in
the issue of which terms would expire.
Mayor Tierney stated she would not want to vote for reduction of terms
without the incumbents' compliance.
Councilmember Lymangood stated that if more than eight Charter
Commissioners wish to have their terms continue until 1999, then the City is
not in compliance with the intent of the statute. Action will then be needed
with the legislature and/or the Chief Judge.
Mayor Tierney stated that she hopes the issue can be addressed agreeably.
She believes that all efforts should be considered to get staggered terms for the
Charter Commissioners, but she is concerned about harsh language.
Motion to amend carried six ayes.
Councilmember Preus said that he intended no harsh language in the motion.
He will revise the motion if that is a concern.
Regular Council Meeting
October 16, 1996
Page 19
Councilmember Granath spoke in favor of the motion. He said the Council is
trying to address the issue with the input and assistance of the Charter
Commission while, at the same time, pursuing other possible solutions.
Main motion carried, six ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to consider Item 8-E (6-D) as the next agenda item. Motion carried, six
ayes.
Item 8-E (6-D) Plymouth Ponds Development, L.L.C. (96096)
Mayor Tierney asked if there was anyone present to speak on this item since it
was removed from the Consent Agenda. No one spoke on the item.
Motion was made by Councilmember Black, seconded by Councilmember
Preus, to adopt RESOLUTION 96-583 APPROVING MPUD
PRELIMINARY PLAN AND FINAL PLAN/PLAT FOR PLYMOUTH
PONDS DEVELOPMENT IV, L.L.C. (MOEN LEUER
CONSTRUCTION) FOR ONE LOT LOCATED NORTHWEST OF
MEDINA ROAD AND COUNTY ROAD 24 (MPUD 91-1) (96096).
Councilmembers Anderson and Black thanked the developers for their
cooperation in meeting the homeowners' needs in this development.
Motion carried, six ayes.
Item 8-11 City Council and Staff Travel Policy
Councilmember Anderson stated that he had requested a summary of 1994-
1996 expenditures for Council Training, Conferences and reimbursements.
He does not wish to take action tonight on this issue, but wants to clarify for
the public and the Council, persons who have made expenditures in those
three years, and compare that with the Council's policy for authorization of
travel expenses. He believes that the policy has not been adhered to or fully
mandated. He was unaware in the last three years of the nature of these
Council expenditures for training, conferences, and reimbursements.
Motion was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to direct staff to prepare an amendment to the Travel Policy for
consideration at the next meeting which would require a "written" memo in
advance when the Mayor or Councilmembers wish to attend training,
conferences, or receive travel reimbursements. This change would be needed
in two places in the policy.
Regular Council Meeting
October 16, 1996
Page 20
Mayor Tierney said that it was not her intent to ignore the Travel Policy. She
has not attended any conference for which expenditures have not been
submitted and processed by staff. She said that this may be a
misunderstanding because when she has participated in League of Minnesota
Cities or National League of Cities conferences, she has submitted the
paperwork to staff for processing, and staff has not refused issuance of the
funds. Staff should ensure that this is done properly. Mayor Tierney added
that a travel budget of $2,000 for seven Council members is inadequate. She
believes it should be a mandate for Councilmembers to put time into training.
She does not apologize for any funds that she has spent on training.
Councilmember Lymangood clarified that the motion is to direct staff to
amend the Travel Policy for Council consideration at the next meeting. He
does not believe this is the proper time to discuss the size of the budget or
whether one individual should spend 80 percent of the budget. He stated that
he does not appreciate the implication of Mayor Tierney's comment that he
hasn't been doing his job on the Council because he has not expended money
for training.
Councilmember Lymangood said the reason for including the City Manager in
the notification process is that the entire Travel Policy was adopted in July
1994 as a direct result of investigation by the Attorney General's office. He
said that department heads must give written pre -approval for travel by
employees. He believes that a written notice requirement strengthens the
policy.
Councilmember Granath said that this indicates that the Council is subject to
the same travel policies that employees are expected to follow.
Councilmember Black asked for clarification on the consistency of the policy.
One portion of the policy discusses City business outside of the seven -county
metro area, but another portion discusses any and all travel.
Manager Johnson said the intent was that the entire Travel Policy would apply
to travel outside of the seven -county metro area, and that a local meeting
would not fall within the notification requirements.
Motion carried, six ayes.
Motion was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to suspend the rules and set the meeting adjournment time for 10:20 p.m.
Motion carried, six ayes.
Regular Council Meeting
October 16, 1996
Page 21
Item 8-C (6-Q) Open Space Acquisition, Johnson Brothers Parcel
Councilmember Lymangood said that the Johnson Brothers parcel is the
fourth and final open space area that the City has attempted to acquire.
Park Director Blank showed a map of the area. He said the northerly -most
parcel is 2.59 acres and was previously purchased by the City. The extreme
westerly portion of the site has direct access to Zachary Lane.
Councilmember Lymangood described the remaining area. He is
uncomfortable spending $150,000 to acquire the 13 acres of Johnson Brothers
property, of which only a small portion is dry land. He said that the Council
would be spending the remaining money available from the open space
referendum, and the two middle parcels of 3.18 and 10.35 acres would remain
unpurchased. He submitted an alternate resolution which would appoint a
Council Subcommittee to address this final open space acquisition in its
entirety. This would give staff direction on how to proceed in light of the
remaining open space dollars available.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to adopt RESOLUTION 96-584 APPOINTING
A COUNCIL SUBCOMMITTEE TO PURSUE ACQUISITION OF THE
FINAL OPEN SPACE SITE, INCLUDING THE JOHNSON
BROTHERS LAND, UNDER THE 1995 OPEN SPACE
REFERENDUM, appointing Councilmember Lymangood,
Councilmember Black, Planning Commissioner Bildsoe, and appropriate
staff members to the subcommittee.
Councilmember Lymangood added that the 3.18 acre parcel is in the process
of changing ownership. He believes that the City needs to approach the
acquisition with a comprehensive plan, rather than leaving the middle parcels
unpurchased.
Motion carried, six ayes.
Item 8-1) (6-G) AWARD OF BID ON ICE ARENA
Councilmember Lymangood requested that staff summarize the bids in light
of the dollar amount of this project. He noted that the City was successful in
rebidding certain items at lower bids than previously received.
Manager Johnson said the recommended bids for the ice arena project are
significantly less than the previous bids. Park Director Blank stated that there
is an $86,000 savings on the roofing, HVAC/plumbing, and automatic
Regular Council Meeting
October 16, 1996
Page 22
sprinkler bids over the previous bids received. Other items are being rebid
and further savings are anticipated.
Councilmember Lymangood said that the City Council adjusted the overall
project budget at the last meeting and these figures would be an improvement
on that amended budget.
Councilmember Anderson asked the financial status of the project in general.
Manager Johnson said that there is $236,000 in approved contingency funds,
of which $38,310 has been designated as the result of these bids. It was
previously anticipated that $100,000 of contingency funds would have to be
earmarked for these bids.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Black, to adopt RESOLUTION 96-585 AWARDING OF
CONTRACTS FOR BID PACKAGE 5.2 ON THE ICE ARENA. Motion
carried, six ayes.
Item 9-A Report on Cougar Sighting
Public Safety Director Gerdes shared a public information notice regarding a
cougar sighting in Plymouth. Public Safety does not believe that the cougar is
a specific danger to citizens. On October 13, there was a confirmed sighting
of a cougar in the area of 51" Avenue and Ives Lane. This is likely the same
cougar that was sighted in Maple Grove in July. Public information notices
have been distributed to neighborhoods and schools, and news releases have
been issued. The City of Plymouth is working cooperatively with Maple
Grove and the DNR on the issue. Cougars are federally -protected animals,
and the City has received a permit to relocate this animal if possible. Director
Gerdes stressed that if residents spot the cougar, they should stand still and not
run from it; then call 9-1-1. Children should travel in numbers and not play
near wooded areas. It will be difficult for public safety officials to locate the
cougar in this area because there is a natural supply of food.
Councilmember Lymangood thanked staff for a quick response to this issue.
He suggested that the school principals should be contacted for follow-up with
students.
In response to a question by Councilmember Granath, Director Gerdes said
that Maple Grove has been investigating this issue for some time. It is
probable that the cougar was a pet that was released. The cougar is capable of
taking down deers and dogs, and is not declawed. He described efforts being
taken to track and live trap the cougar. The DNR has advised that nothing be
Regular Council Meeting
October 16, 1996
Page 23
done; however, they also understand the need to response to citizens'
concerns.
Councilmember Granath asked if there is legal authority to destroy the animal
if necessary.
Director Gerdes said it is included in the permit as a last resort.
Councilmember Granath asked if the City should be doing more because small
children in other areas of the country have been attacked and killed by
cougars.
Director Gerdes responded that in the last century, mountain lions have only
been verified to have killed 13 people in the United States. The cougar is
easier to trap than to hunt. Aggressively hunting the animal could be more
dangerous than completely leaving it alone.
Motion was made by Councilmember Black, seconded by Councilmember Anderson, to
adjourn the meeting at 10:20 p.m. Motion carried, six ayes.
G'
City Clerk