HomeMy WebLinkAboutCity Council Minutes 01-17-1995MINUTES
REGULAR COUNCIL MEETING
JANUARY 17, 1995
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on
January 17, 1995.
PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Helliwell, and Edson.
Councilmembers Anderson and Granath arrived at 7:05 p.m.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works
Director Moore, Community Development Director Hurlburt, Park Director Blank, Public
Safety Director Gerdes, Police Lieutenant Ward, Support Services Supervisor Cox, Park
Supt. Peterson, City Attorney Knutson, and City Clerk Ahrens.
ITEM 3 FORUM
R.B. Heine, Weekly News, suggested that the City consider putting agenda
materials on disk to avoid paper waste. He said that he does not need a complete
Council packet.
Councilmember Lymangood thanked Mr. Heine for his comments and stated that
Mr. Heine can request specific agenda reports when needed.
ITEM 4 PRESENTATIONS AND ANNOUNCEMENTS
Manager Johnson and Park Director Blank described the upcoming Fire and Ice
Festival events.
Councilmembers Anderson and Granath arrived at 7:05 p.m.
Mayor Tierney announced that the City Attorney has indicated that the current
Planning Commission members can continue serving, without further Council
action, until appointments are made. Appointments are scheduled to be made by
the Council on February 7, and the existing members would continue for the
February 8 Planning Commission meeting.
ITEM 5 APPROVE AGENDA
Manager Johnson requested that Item 9-C be added to the agenda - Discuss Joint
Meeting with the Maple Grove City Council.
Regular Council Meeting
January 17, 1995
Page 2
Manager Johnson said that a request for a temporary 3.2 liquor license was
received from the Minneapolis Jaycees after the agenda deadline. This is the last
scheduled Council meeting prior to the event scheduled for January 22 at French
Regional Park.
Councilmember Lymangood asked if it is legally possible to add this temporary 3.2
application to the consent agenda.
City Attorney Knutson explained that there is a City Code provision that states
that the Council cannot act on any item that is added at a meeting. However, the
City Council can waive the requirement of the City Code and add the item to the
agenda. The item can be placed on the consent agenda at the Council's discretion.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to add to the agenda as Item 8-D the request of Minneapolis Jaycees for a
temporary 3.2 liquor license, noting an amendment is needed to the proposed
resolution to require approval of the Hennepin County Parks Board.
Motion carried, seven ayes.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the agenda as amended. It was noted that this includes
additional information available at the meeting relating to a petition process for
snowmobiling in neighborhoods.
Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Mayor Tierney removed Item 6-D relating to the annual report/work plan for the
Financial Advisory Committee, to include it with Item 9-B.
Councilmember Helliwell requested that her "nay" vote be recorded for Item 6-N,
but the item was not removed from the Consent Agenda.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the Consent Agenda as amended.
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 3
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the minutes of the November 21 regular meeting, the
December 12 special meeting, the December 12 study session, and the January 3
special meeting.
Motion carried, seven ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-37 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING JANUARY 6, 1995.
Motion carried, seven ayes.
ITEM 6-C ORDINANCE TO AMEND CITY COUNCIL ORDER OF BUSINESS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-3 AMENDING SECTION 200 OF
THE PLYMOUTH CITY CODE RELATING TO CITY COUNCIL
MEETING ORDER OF BUSINESS.
Motion carried, seven ayes.
ITEM 6-E REQUEST FOR PROPOSALS FOR 1995 CITIZEN SURVEY
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-38 AUTHORIZING REQUEST FOR
PROPOSALS FOR 1995 CITIZEN SURVEY.
Motion carried, seven ayes.
ITEM 6-F AWARD PRINTING CONTRACT FOR CITY
NEWSLETTER/RECREATION BOOKLET
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-39 AWARD OF PRINTING
CONTRACT FOR CITY NEWSLETTER/RECREATION BOOKLET.
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 4
ITEM 6-G CONTRACT FOR TREE TRIMMING
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-40 APPROVING 1995 STREET
TREE TRIMMING CONTRACT.
Motion carried, seven ayes.
ITEM 6-H RENEW LIQUOR LICENSES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-41 APPROVAL OF ON -SALE AND
SUNDAY INTOXICATING LIQUOR, OFF -SALE INTOXICATING
LIQUOR, AND WINE LICENSES.
Motion carried, seven ayes.
ITEM 6-I APPROVE TAXI DRIVER LICENSE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-42 APPROVING TAXI DRIVER
LICENSE FOR JUDITH RANKKA.
Motion carried, seven ayes.
ITEM 6-J SETTLEMENT AGREEMENT WITH PEACE LUTHERAN
CHURCH, PROJECT NO. 010
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-43 APPROVING SETTLEMENT
AGREEMENT, PEACE LUTHERAN CHURCH, PIN 18-118-22-43-0004,
MEDINA ROAD IMPROVEMENTS, CITY PROJECT NO. 010.
Motion carried, seven ayes.
ITEM 6-K ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-44 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, THE PONDS AT BASS CREEK ADDITION.
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 5
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-45 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, THE PONDS AT BASS
CREEK ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-46 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, FORSTER PRESERVE PLAT 2.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-47 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, FORSTER PRESERVE
PLAT 2.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-48 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, TRENTON PONDS ADDITION.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-49 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, TRENTON PONDS
ADDITION.
Motion carried, seven ayes.
ITEM 6-L RELEVY OF DEFERRED ASSESSMENTS, PROJECT 012
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-50 RELEVY OF DEFERRED
ASSESSMENTS.
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 6
ITEM 6-M PAYMENT NO. 14, PROJECT 205
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-51 REQUEST FOR PAYMENT NO.
14, NORTHWEST BOULEVARD, CITY PROJECT NO. 205.
Motion carried, seven ayes.
ITEM 6-N ADVERTISE FOR BIDS FOR 26TH AVENUE IMPROVEMENTS,
PROJECT 601
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-52 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS,
26TH AVENUE IMPROVEMENTS, STATE HIGHWAY 169 TO
MEDICINE RIDGE ROAD, CITY PROJECT NO. 601.
Motion carried: six ayes; Helliwell nay.
ITEM 6-0 DEVELOPMENT CONTRACT BOND REDUCTIONS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-53 REDUCING DEVELOPMENT
BOND, HOLLY CREEK 3RD ADDITION (94124).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-54 REDUCING DEVELOPMENT
BOND, BASS CREEK BUSINESS PARK ADDITION (89061).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-55 REDUCING DEVELOPMENT
BOND, CAVAN MEADOWS ADDITION (93062).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-56 REDUCING DEVELOPMENT
BOND, FAWN CREEK ADDITION (90022).
Regular Council Meeting
January 17, 1995
Page 7
Motion carried, seven ayes.
ITEM 6-P REIMBURSE DEVELOPER FOR WATERMAIN OVERSIZING
79045
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-57 REIMBURSING DEVELOPER
FOR REQUIRED 16 INCH TRUNK WATERMAIN CONSTRUCTION,
ZACHARY HILLS 2ND ADDITION (79045).
Motion carried, seven ayes.
ITEM 6-0 TAX FORFEIT PARCELS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-58 AUTHORIZING THE PRIVATE
SALE OF PARCEL 02-118-22-24-0040 TO ADJACENT PROPERTY
OWNER
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-59 AUTHORIZING THE PRIVATE
SALE OF PARCEL 11-118-22-23-0003 TO ADJACENT PROPERTY
OWNER
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-60 AUTHORIZING THE
CONVEYANCE OF PARCELS 12-118-22-23-0038 AND 13-118-22-13-0054
TO THE CITY OF PLYMOUTH FOR PUBLIC USE.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-61 AUTHORIZING THE PRIVATE
SALE OF PARCEL 13-118-22-21-0310 TO ADJACENT PROPERTY
OWNER
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 8
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-62 AUTHORIZING THE PUBLIC
SALE OF PARCEL 25-118-22-34-0014.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-63 REQUESTING HENNEPIN
COUNTY TO WITHHOLD FROM PUBLIC SALE FOR UP TO ONE
YEAR, PARCEL 36-118-22-22-0004.
Motion carried, seven ayes.
ITEM 6-R ABINGDON DEVELOPMENT CORP. FINAL PLAT FOR THE
SHORES OF KRAETZ LAKE (94135)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-64 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR ABINGDON DEVELOPMENT
CORPORATION FOR PROPERTY LOCATED AT 1733019TH AVE. N.
94135).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-65 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED MPUD FINAL PLAT FOR
ABINGDON DEVELOPMENT CORPORATION FOR PROPERTY
LOCATED AT 1733019TH AVE. N. (94135).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-66 ADOPTING ASSESSMENTS,
CITY PROJECT NO. 510, SANITARY SEWER AND WATERMAIN
AREA, SHORES OF KRAETZ LAKE.
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 9
ITEM 6-S ORDINANCE ON CITIZEN NOTIFICATION FOR CITY ACTIONS
AND PROJECTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-4 AMENDING CHAPTER 12 OF
THE PLYMOUTH CITY CODE CONCERNING NOTIFICATION
REQUIREMENTS.
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-5 AMENDING CHAPTER 4 OF THE
PLYMOUTH CITY CODE CONCERNING NOTIFICATION
REQUIREMENTS.
Motion carried, seven ayes.
ITEM 6-T TAX INCREMENT FINANCING DEVELOPMENT AGREEMENT
WITH P.O.S. BUSINESS SYSTEM
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-67 APPROVING A
DEVELOPMENT AGREEMENT FOR TAX INCREMENT FINANCING
SOILS CORRECTION) DISTRICT NO. 7-3.
Motion carried, seven ayes.
ITEM 6-U WILLIAM DUNN. LOT DIVISION (94164)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-68 APPROVING LOT DIVISION/
CONSOLIDATION FOR WILLIAM DUNN (94164).
Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-69 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/
CONSOLIDATION FOR WILLIAM DUNN FOR PROPERTY LOCATED
AT 324 AND 330 VINEWOOD LANE NORTH (94164).
Motion carried, seven ayes.
Regular Council Meeting
January 17, 1995
Page 10
ITEM 6-V APPROVE FINAL FUNDING FOR SOUTH SHORE PARK,
PROJECT 122
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-70 APPROVING FINAL FUNDING
ALLOCATION.
Motion carried, seven ayes.
ITEM 6-W CIGARETTE LICENSE RENEWAL
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-71 APPROVING 1995 CIGARETTE
LICENSE APPLICATION.
Motion carried, seven ayes.
ITEM 6-X UNIFORM ALLOWANCE FOR NON -REPRESENTED SWORN
CITY EMPLOYEES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-72 APPROVING THE PAYMENT
OF A CLOTHING ALLOWANCE TO SWORN PEACE OFFICERS WHO
ARE NON -REPRESENTED CITY EMPLOYEES.
Motion carried, seven ayes.
ITEM 7-A ON -SALE LIQUOR APPLICATION OF TGI FRIDAY'S
Manager Johnson introduced the on -sale intoxicating and Sunday liquor license
application of TGI Friday's of Minnesota, Inc., for an Italianni's Restaurant at the
southwest corner of Carlson Parkway and I-494. He stated that the notice posting
requirements may not have been adequate for the public hearing. He
recommended that the Council open the hearing and hear anyone wishing to speak.
The hearing could then be continued to a future date, and final action could be
taken at that time.
Mayor Tierney opened the public hearing on the on -sale intoxicating and Sunday
liquor license application of TGI Friday's of Minnesota, Inc., for an Italianni's
Restaurant at the southwest corner of Carlson Parkway and I-494. No one
appeared.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to
continue the public hearing to February 7.
Regular Council Meeting
January 17, 1995
Page 11
Motion carried, seven ayes.
ITEM 8-A SNOWMOBILE AREA DESIGNATION
Public Safety Director Gerdes presented the staff report on designation of
snowmobile areas. On December 19, 1994, the Council tabled action on this
matter in order to provide notice to the residents living in the affected areas. He
presented proposed resolutions designating Parkers Lake and Schmidt Lake, major
roadway additional to the authorized trails/spurs, City Hall/former library site
parking/access, and specific residential areas.
He said that with the prospect of opening residential streets to snowmobile use, a
legal question arose regarding the wording of Section 1325.03, Subd. 2(b) of the
City Code. It appears clear the intent was for this section to apply to private
property; however, the current wording creates a legal complication as it would
require snowmobilers to get written approval of each owner or resident to drive
down an approved street if it is within 100 feet of a dwelling. An ordinance is also
proposed to amend this language.
Public Safety Director Gerdes presented two additional resolutions regarding
establishment of a petition process for future requests to allow snowmobiling on
specific residential streets. He said that the Snowmobile Task Force adopted a
proposal requiring that future requests for residential streets include a petition
showing 70 percent of resident approval before any consideration by the Task
Force. The first resolution provides that future requests and petitions could be
submitted through the Task Force to the Council. The second resolution provides
that requests and petitions could be submitted directly to the Council.
Councilmember Helliwell asked if members of the Snowmobile Task Force have
been provided with copies of the two resolutions regarding the petition process.
Public Safety Director Gerdes stated no, but the task force recommended the
petition process. He noted that a number of task force members are present at this
meeting.
Councilmember Helliwell stated that the Snowmobile Task Force recommended
the petitioning process on January 4. She said that when the Council formed the
Task Force, the Council's direction was for the Task Force to consider opening
additional streets in Plymouth for snowmobiling and to look at enforcement issues.
Councilmember Lymangood stated that he agreed to participate in the Snowmobile
Task Force meetings at the Council's request at a previous Council meeting. He
suggested that the Council could proceed with some of the resolutions where there
Regular Council Meeting
January 17, 1995
Page 12
appears to be no disagreement. He said there appears to be no major objections to
the first three proposed resolutions: Parkers Lake/Schmidt Lake, major roadway
additions to authorized trails/spurs, and use of City Hall and former library site for
parking/access. Councilmember Lymangood noted that the designation of
allowing the former library site for snowmobiling would only apply as long as the
City owns the property.
Councilmember Helliwell stated that at a previous Council meeting,
Councilmembers Edson and Lymangood agreed to participate in the Snowmobile
Task Force. She believed they were serving as nonsnowmobiler representatives to
the Task Force; however, two additional nonsnowmobilers later joined the Task
Force. She said that the Task Force should have an equal representation of
snowmobilers and nonsnowmobilers.
Councilmember Helliwell stated that she did not think it was appropriate for
Councilmembers Lymangood and Edson to participate in the discussions at the
task force meetings after the two additional snowmobilers joined because there
was not an even number of participants.
Mayor Tierney stated that Councilmembers Edson and Lymangood were
appointed by the City Council to offer assistance to the task force. She said that,
by direction of the City Council, they were to participate and provide input on the
task force.
Councilmember Edson stated that he and Councilmember Lymangood did not
participate as voting members on the task force. It was his understanding that the
Council directed their participation because direct feedback was needed between
the task force and City Council because of the strong opinions on both sides.
Councilmember Helliwell stated that she only wanted Councilmembers
Lymangood and Edson to participate when there were no nonsnowmobilers to
serve on the task force.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-73 DESIGNATING PARKERS
LAKE AND SCHMIDT LAKE FOR SNOWMOBILE USE,
RESOLUTION 95-74 DESIGNATING MAJOR ROADWAY ADDITIONS
TO AUTHORIZED TRAILS/SPURS, and RESOLUTION 95-75
DESIGNATING USE OF CITY PROPERTY LOCATED AT HIGHWAY 55
AND VICKSBURG LANE FOR PARKING/TRAILERING AND ACCESS
TO THE HIGHWAY 55 TRAIL.
Marsha Videen, 1151 Kingsview Lane North, discussed snowmobiling on Parkers
Lake. She noted that the proposed resolution prohibits snowmobile use within 50
Regular Council Meeting
January 17, 1995
Page 13
feet of any maintained ice skating rink or shoreline structure, but asked if there is
any consideration for individuals walking, fishing, or skiing on the lake. She said
that she has a renewed concern about allowing snowmobiles on Parkers Lake after
witnessing continued abuses by snowmobiles in Parkers Lake, including
snowmobile use of the pedestrian tunnel. Additional enforcement is needed if
snowmobiling is allowed on Parkers Lake.
Karen Collyard, 11915 50th Avenue North, asked whether snowmobile access
would only be through the public access with snowmobiles trailering onto the lake.
Public Safety Director Gerdes said that snowmobiling on Schmidt Lake will
primarily be people living on the lake or who have permission through private
property to get to the lake, as there is not a driveable public approach to the lake.
Councilmember Edson said there is a public access to the lake off of Larch Lane,
but no parking.
Public Safety Director Gerdes responded to the safety issue raised by Ms. Videen.
He said that snowmobilers, members of the snowmobile task force, and Northwest
Trails have demonstrated their willingness to deal with enforcement issues. He
believe they could assist with the Parkers Lake issue as well.
Motion carried, six ayes; Granath nay.
Public Safety Director Gerdes described the resolution that would allow
snowmobiling on residential streets in the Lake Camelot Estates area and
Northwest Blvd./Bass Lake area. He said that staff has no public safety issues
with these issues. Notifications of the proposal were sent to residents in these
areas. Staff received approximately a 10 percent response, and he provided the
comments received. He noted that the snowmobile task force also adopted a
proposal requiring that future requests for residential streets include a petition
showing 70 percent of residents' approval before any consideration by the task
force.
Councilmember Helliwell stated that she dislikes the petition process because it can
be divisive to neighborhoods. She believes that the decision of which streets
should be opened to snowmobiling should be made by the City Council following
input from a public hearing or through the affected homeowner associations.
Robert Morris, 15525 45th Avenue North, stated he is a member of the
snowmobile task force. He said that the task force recommended that these two
residential areas be opened up, and that the petition process be established for
future requests. He said the task force used data from the DNR in identifying
these areas where there is a concentration of snowmobilers. Mr. Morris stated that
Regular Council Meeting
January 17, 1995
Page 14
the notification letter mailed by staff may have generated negative responses
because some residents have safety concerns or want speed limits. Also, some
residents did not know that it would be prohibited for snowmobiles to drive across
private property. He stated that if these two areas cannot be approved for
snowmobile use, there are probably few other areas that can be approved in the
future.
Mr. Morris stated that he voted against the petition process. He believes it was the
mission of the task force to recommend additional streets for snowmobiling, and
that public notification process is available without a petition. He said that, in
general, snowmobilers are not aware that the petition process is being proposed at
this meeting.
Councilmember Lymangood stated that he believes a good response to the
notification was received from the Lake Camelot and Northwest/Bass Lake
residents. He stated it is unusual that there were not more responses received
supporting opening these areas to snowmobiling when information showed there
were many snowmobilers living in the areas.
Councilmember Helliwell stated that the proposed petition process is not
specifically noticed on the agenda, and she asked the City Attorney to comment.
City Attorney Knutson said that it is within the purview of the City Council to
determine whether the petition process is included in the topic of snowmobiles as
indicated on the agenda.
Councilmember Helliwell stated that she does not believe the notification letter to
the Lake Camelot Estates residents was clear. She said they did not know that
snowmobiling was allowed before the Council discontinued it several months ago.
Residents were unaware of the previous regulations and that restrictions, such as
speed, could be adopted.
Randy Hoglund, 6085 Cheshire Lane, stated he is a member of the Min USA,
Northwest Trails, and the snowmobile task force. He agreed with Mr. Morris'
comments. He lives in Lake Camelot and stated he received phone calls from
snowmobilers who were both for and against the proposal. He is concerned that
there are many unanswered questions. Most of the people to whom he spoke, felt
that snowmobiling was fine as long as there are restrictions, such as speed, time,
and location. He requested additional time to develop proposed restrictions.
Sue McNattin, 12625 58th Avenue North, stated she is opposed to snowmobiles
on residential streets. She has experienced problems with snowmobiles operated
on her private property and with their speed. She said that the timing of the
notification letter was not good because of the holidays.
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January 17, 1995
Page 15
Anne Woodard, 13465 60th Place, #35, stated she is opposed to allowing
snowmobiles in Lake Camelot Estates. She said there have been problems with
snowmobile noise at night, and believes there is a public safety issue because of the
curved roads. She stated that the notification letter was confusing. She doesn't
believe that enforcement of snowmobile violations can be adequate because it is
not a priority public safety call.
Melvyn Magree, 5925 Magnolia Lane, stated she has lived on this road for 17
years and has witnessed the traffic patterns. She believes that it would be
dangerous for snowmobilers. She expressed concerns about speed, noise, and
difficulty of enforcement.
Richard Deziel, 16100 46th Avenue North, stated there are people who drive
snowmobiles on Hollydale Golf Course without permission which damages the
greens. He stated that enforcement of snowmobile regulations is a concern.
Pat Nerby, 12305 60th Avenue North, stated that he did not receive a notification
letter. He stated that snowmobile owners want a way to get to a trail system in
order to ride distances. He doesn't believe that only people who live on a lake,
should be able to use it.
Public Safety Director Gerdes responded to various issues. He said that
enforcement is reactive with regard to snowmobiles. Patrol officers respond to
complaints and make a report. The reports are forwarded to Northwest Trails for
follow-up. He said that there was discussion at the task force meetings on
snowmobile regulations. When the notification letter was mailed, there were still
unanswered questions. The issues of speed limits and the definition of "roadway"
for purposes of snowmobiling are being defined. He said that snowmobiling in the
City is limited to the hours of 7 a.m. to 10 p.m.
Councilmember Helliwell stated that when snowmobiling was "banned" by the City
Council on October 3, she believes all of the registered snowmobilers in the City
should have been notified.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Helliwell, to refer the issue back to the snowmobile task force with direction to
draft an ordinance with regulations for residential street usage, to include a process
for recommending additional residential streets for snowmobile use.
Councilmember Anderson stated he is a strong advocate for the petition process
and would support that means of considering additional residential streets for
snowmobile use.
Regular Council Meeting
January 17, 1995
Page 16
Councilmember Lymangood stated that the snowmobile task force has
recommended a petition process for consideration of additional residential streets.
MOTION TO SUBSTITUTE was made by Councilmember Lymangood,
seconded by Councilmember Granath, to adopt RESOLUTION 95-76
ESTABLISHING A PETITION PROCESS FOR CONSIDERING
RESIDENTIAL STREETS FOR SNOWMOBILE USE.
Councilmember Helliwell stated she will not support this process which would
require 70 percent support for snowmobiling in an area so that a street could be
considered by the task force. She believes that if a petition process is going to be
used, it should be modeled after the stop sign request process where the request is
considered directly by the City Council.
Mayor Tierney asked how long the task force would remain in existence.
Public Safety Director Gerdes responded that the task force was appointed for a
two year period. It would be the decision of the Council whether to extend the
task force beyond that.
Motion to substitute carried: Lymangood, Granath, Edson, Anderson, and Tierney
ayes; Wold and Helliwell nays.
Substitute motion carried: Lymangood, Granath, Edson, Anderson, and Tierney
ayes; Wold and Helliwell nays.
Councilmember Lymangood stated that since the 70 percent petition process has
been adopted, the requests for snowmobiling in the Lake Camelot and
Northwest/Bass Lake areas should also follow that process. He noted that staff
has suggested that the snowmobile ordinance needs an amendment to clarify that it
is unlawful to operate a snowmobile on private property within 100 feet of any
dwelling without consent of the owner or occupant.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-6 AMENDING THE PLYMOUTH
CITY CODE REGARDING SNOWMOBILE REGULATIONS.
Motion carried, seven ayes.
Public Safety Director Gerdes stated that any requests by petition to allow
snowmobiling on additional residential streets could not be considered in time for
this snowmobile season.
Regular Council Meeting
January 17, 1995
Page 17
Councilmember Helliwell stated that the Council needs to keep in mind that Polaris
is headquartered in Plymouth. She said the company pays $120,000 in property
tax each year, gives $17,000 to United Way, and provides additional funding to
other organizations.
Councilmember Lymangood urged residents to contact the police when they see
snowmobiles operated in an unsafe manner. He explained that the petition process
is the only mechanism for requesting snowmobiling on additional residential
streets.
ITEM 8-B PURCHASE OF ESS PROPERTY
Mayor Tierney suggested that the Council reconsider its previous decision not to
purchase the Ess property at Schmidt Lake Road and I-494. She believes that the
City will eventually need most of the Ess parcel for an interchange because
Schmidt Lake Road will carry at least 20,000 vehicles per day. There is also
potential for additional industrial development at Schmidt Lake Road and I-494,
and the largest high school in the state is being planned westerly on Schmidt Lake
Road. Mayor Tierney stated that the owners of the Ess property are denied
access, and she does not believe it is prudent to incur legal expenses or staff time.
She urged the Council to move ahead with the purchase.
Councilmember Lymangood stated that there are still unanswered questions about
an interchange at this location and areas desired for parkland could be obtained
through a regular development process and park dedication. He requested that the
City Attorney respond to the question of legal action on the part of the property
owner.
City Attorney Knutson stated that he doesn't believe the property owner's claim of
inverse condemnation is valid.
Manager Johnson stated that several months when the issue was considered, staff
believed there was justification to purchase the property for a possible future
interchange. He suggested that a long-term option could also be considered with
the property owner. This would hold the price and not lose the agreement. He
believes that the issue relates to future land use in the area.
Mayor Tierney asked what the chances are that the land price will go up, or that
there will be a lawsuit and staff costs incurred.
Manager Johnson said that lawsuits can't be predicted. The Council needs to act in
the best interest of the City.
Regular Council Meeting
January 17, 1995
Page 18
Councilmember Edson said he was originally opposed to purchase of the property
at this time. He is concerned that traffic will increase on Schmidt Lake Road if an
interchange is constructed. He said that Schmidt Lake Road was not designed to
carry an amount of traffic similar to County Road 6, County Road 9, or County
Road 10. One of the Council's goals is to enhance neighborhoods, and he does not
believe that an interchange at this location will do that. He also said that
development should not occur at the expense of existing residents. Acquisition of
the land would be perceived as approval of a future interchange. He noted that the
property owner requested that the City purchase his property. The City did not
initiate consideration of the purchase.
MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to
table consideration of purchase of the Ess property to a future meeting.
Councilmember Anderson stated his intent is not to reconsider the decision of
whether to purchase the property at this time. However, there are unresolved
issues relating to Northwest Plymouth that may have an impact on the decision in
the future.
Motion to table failed: Lymangood and Anderson ayes; Wold, Helliwell, Granath,
Edson, and Tierney nays.
Councilmember Anderson stated that the Council -has previously adopted a motion
not to consider the purchase of the Ess property at this time.
No further action was taken by the Council.
ITEM 8-C OPEN SPACE - AUTHORIZATION TO SECURE PURCHASE
AGREEMENTS
Park and Recreation Director Blank stated that the City Council previously
charged the Open Space Committee with determining the number of sites they
believe need to be acquired and to suggest a funding mechanism for acquisition.
The Open Space Committee has unanimously recommended that the City pursue
purchase options on sites #1, #5, #6, and #12 as outlined in the staff report. The
Committee was also unanimous in recommending that a public bond referendum be
the preferred funding mechanism for open space. However, until purchase options
have been developed which outline the cost of each parcel, the committee cannot
make a recommendation with regard to the amount of the referendum. He
recommended that purchase options should be secured for a six to nine month
period allowing the City ample time to develop and conduct a public vote on this
issue. The Park and Recreation Advisory Commission endorsed the
recommendation of the Open Space Committee.
Regular Council Meeting
January 17, 1995
Page 19
MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to
adopt RESOLUTION 95-77 AUTHORIZING PURCHASE
AGREEMENTS, with the provision that the Council will conduct a study
session on the issue as soon as the options are negotiated in order to consider
funding mechanisms.
Councilmember Lymangood stated that there is a need for urgency on this issue.
If the City doesn't act promptly, the opportunity to protect the most
environmentally desirable sites may be lost. He questioned the need for a study
session which could delay the process.
Mayor, Tierney stated she is not sure that a bond referendum is needed. She
believes that all funding options need to be carefully considered by the Council.
She clarified that the purchase options could be obtained; then the study session
would be held.
Councilmember Edson suggested that when the purchase options are obtained,
they should be reviewed by the Open Space Committee so that a specific funding
recommendation can be made to the Council.
City Attorney Knutson clarified that the City Council would only be authorizing
staff to get an appraiser and negotiate option agreements for future Council
consideration.
MOTION to substitute was made by Mayor Tierney, seconded by Councilmember
Granath, to adopt RESOLUTION 95-77 AUTHORIZE NEGOTIATING
OPTION AGREEMENTS, amending all references in the resolution from
purchase agreements" to "option agreements." The option agreements are
to be forwarded to the Open Space Committee for review so that a specific
funding recommendation can be made to the Council.
Motion to substitute carried, seven ayes.
Main motion carried, seven ayes.
ITEM 8-D REQUEST FOR TEMPORARY 3.2 LIQUOR LICENSE FOR
MINNEAPOLIS JAYCEES
Manager Johnson presented the staff report on the request of the Minneapolis
Jaycees for a temporary 3.2 liquor license for an ice fishing tournament sponsored
by Unlimited Product Brokers, Inc., at French Regional Park on January 22. He
said that Hennepin County Commissioner Sandra Hilary has indicated that the
County approves of this event. He recommended that if the Council approves the
license, the following conditions be placed on the license: 1) Payment of the $33
Regular Council Meeting
January 17, 1995
Page 20
license fee shall be made to the City by January 20; 2) Written permission for the
sale of 3.2 beer at French Regional Park shall be received from the Hennepin
County Park Board by January 20; and 3) Successful criminal history review of
the applicant by the Plymouth police division.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 95-78 APPROVING TEMPORARY 3.2
LIQUOR LICENSE FOR MINNEAPOLIS JAYCEES.
Councilmember Anderson stated that the City is listed as additional insured on the
comprehensive liability policy, but not the liquor liability policy. He suggested that
this be included as an additional condition on the approval.
MOTION to amend was made by Mayor Tierney, seconded by Councilmember
Anderson, to add to the resolution the following Conditions: 4) City will be
named as additional insured on the liquor liability insurance policy, and 5) City
will be given five days advance notice of any cancellation of the insurance policies.
Motion carried, seven ayes.
Shari Kes, Prior Lake, and Tina Wallace, Champlin, represented Unlimited Product
Brokers, Inc., 7964 Brooklyn Blvd., Brooklyn Park. They requested approval of
the license and stated that the Minneapolis Jaycees is their primary nonprofit
organization for this event.
Councilmember Edson noted that this event was organized by a private business
who recruited the Jaycees to assist as a nonprofit organization. He asked about
the profit split and if there is a representative of the Jaycees present.
No representative of the Jaycees was present.
Ms. Kes responded that the Jaycees will get a portion of the ticket sales and
concessions, will be compensated for the number of volunteers, and will get one-
half of the beer sales profits.
MOTION to amend was made by Mayor Tierney, seconded by Councilmember
Anderson, to change Condition 2 to read: "Written permission for the sale of 3.2
beer at French Regional Park shall be received from the Hennepin County Park
Board by January 20, 1995.
Motion carried, seven ayes.
Main motion as twice amended carried: Wold, Helliwell, Granath, Anderson, and
Tierney ayes; Lymangood and Edson nays.
Regular Council Meeting
January 17, 1995
Page 21
ITEM 9-A COUNCIL CHAMBERS RENOVATION PROJECT
Assistant City Manager Lueckert reviewed the two proposed options for the
Council Chambers renovation project. The first option creates a new entrance to
the City Center and physically and architecturally connects City Center with the
Public Safety building. It also redesigns the dais, creates a lobby area outside the
Chambers, and upgrades the audio-visual equipment. The estimated cost of this
option is $1.1 million. Of this cost, $300,000 is for audio-visual equipment.
About $140,000 could be saved from the total building expansion cost if this
option is selected, because the "link" between the two buildings would not be
constructed in lieu of the expanded entrance. Therefore, the net cost of Option 1
is estimated to be $960,000.
She stated that Option 2 upgrades the audio-visual equipment, constructs a new
dais, expands the rear of the current Council Chambers, and relocates an air
handling unit. The cost of this option is about $500,000, of which $300,000 is for
audio-visual equipment. Option 2 will expand the Chambers and allow more space
and light in the lobby area due to the glass rear wall. Staff recommends Option 2.
Mayor Tierney asked if the link could be remodeled to create an additional
conference room in the future.
Assistant Manager Lueckert explained that the link would be a large hallway and
could not be converted into other usable conference space.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to direct staff to proceed with Option 2 for the Council Chambers
renovation project.
Motion carried: Wold, Lymangood, Helliwell, Edson, and Anderson ayes; Granath
and Tierney nays.
Mayor Tierney stated that she believes the additional space that would be created
under Option 1 may be needed in the future. Also, Option 1 would provide a
statement and appropriate entrance to City offices.
ITEM 9-B APPROVE INVESTMENT MANAGEMENT/ADVISORY SERVICES
Finance Director Hahn stated that the Financial Advisory Committee reviewed the
City's investment portfolio and rate of return for 1993. As part of the review, the
Committee invited an investment management service to make a presentation to
the Committee and they studied whether a portion of the City's portfolio could be
managed by an outside service for an improved rate of return. The Committee's
Regular Council Meeting
January 17, 1995
Page 22
recommendation was that outside investment management service organizations
should be given an opportunity to bid for these services.
The Committee believes that a portion of the City's portfolio, up to $10 million,
should be made available for outside investment management. The funds could be
divided among several firms for comparison purposes and to limit the exposure
from any one management service. The management service could also serve as a
backup to the Finance Director for the balance of the portfolio.
Mayor Tierney noted there was recently an increase in staff when a Financial
Analyst was hired and she thought that person would be involved in this work.
Manager Johnson stated the Financial Analyst looks at cash flows for investment.
Finance Director Hahn stated that another option is an investment advisory
service. The Finance Director would have regular meetings with an investment
advisor to assist with placing the investments and recommending sales of any
current portfolio items. The investment portfolio would be retained at the City and
utilize advisory services for purchases, sales, and other investment strategies.
Finance Director Hahn stated he believes an advisory relationship would be
positive for the City. He has not researched the cost, but estimated the cost could
be $5,000 to $10,000 per year.
Manager Johnson stated that he has no objections to hiring a financial advisor, but
would be reluctant to have the City funds invested outside of the City's control.
Councilmember Anderson agreed that the City should not consider investment
management services. He stated that the service fee would probably be based on
how well they performed for the City and this could result in risky investments.
He would support a financial advisor if the Finance Director feels it is needed.
Councilmember Edson concurred. He questioned whether the City would get any
better advice from a financial advisor than is received currently from the City's
brokerage firms. This also could result in the City paying double fees for the same
advice.
Councilmember Helliwell stated the new Financial Analyst was hired to free up
some of the Finance Director's time in order that more time could be spent on
investments. She does not see the need for this outside service.
Councilmember Lymangood agreed that there is no current need for these services.
He noted that Orange County employed investment advisory services, and this is
certainly not a good example to follow. He believes that some discussions or
Regular Council Meeting
January 17, 1995
Page 23
recommendations are needed on the maturity issues of the portfolio, but this could
be done with the existing firms.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to maintain the existing process and to request that the Finance Director
provide a brief written description of the investment philosophy currently in place
for City Council review and comment.
Jim Guddal, 4465 Vicksburg Lane, stated he is a member of the Financial Advisory
Committee. He explained that the Committee recommended an investment
management service because there is the possibility of improving yields. Also, the
Committee questioned if the City could be vulnerable in how it invests surplus
funds and whether there is an appropriate backup to the Finance Director. He
suggested that the Council consider approving an investment advisory service as
an alternative to an investment management service.
Motion carried, seven ayes.
ITEM 6-D 1994 FINANCIAL ADVISORY COMMITTEE ACTIVITIES AND
1995 WORK PLAN
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to table the Financial Advisory Committee Annual Report and Work
Plan until the Council Subcommittee on Boards and Commissions has completed
its work.
Motion carried, seven ayes.
ITEM 9-D MAPLE GROVE/PLYMOUTH JOINT MEETING
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to set
a joint meeting with the City of Maple Grove to be held in Plymouth on
February 13.
Motion carried, seven ayes.
MOTION was made by Councilmember Wold, seconded by Councilmember Anderson, to
adjourn the meeting at 10:15 p.m.
Motion carried, seven ayes.
Lau -Are -F.. Ahrens
City Clerk