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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. Regular Council Meeting 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