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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. Regular Council Meeting 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