HomeMy WebLinkAboutCity Council Minutes 09-05-1995MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 5, 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
September 5, 1995.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Granath, Edson, Wold,
Lymangood, and Helliwell. Councilmember Anderson arrived at 7:10 p.m.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community
Development Director Hurlburt, Public Works Director Moore, Public Safety Director
Gerdes, Finance Director Hahn, Park Director Blank, City Attorney Knutson, and City
Clerk Ahrens.
ITEM 3 PLYMOUTH FORUM
Tom Jes, 5055 Evergreen Lane North, stated that Judy Martin had expressed
concerns relating to drainage and tree damage at the August 15 Forum. He visited
the site and believes that a basswood tree will die because it is 50 percent covered
by water. He asked whether the erosion control policy is being enforced because
debris has washed into the NURP pond area. Mr. Jes stated that two piles of dirt
also appear to be within the boundaries of the existing wetland and asked when
they would be removed. He anticipated that the wetland will increase in depth and
go from a Type 2 to a Type 3 wetland within three to five years. He is also
concerned with the outflow from the wetland. Mr. Jes stated that Mrs. Martin
should not have to pay for or develop a plan for the necessary corrections because
things outside of her control have impacted her property.
Mayor Tierney explained that Mrs. Martin has contacted an engineer. Staff is
investigating her concerns.
Councilmember Anderson arrived at 7:10 p.m.
Manager Johnson stated that the City's erosion control ordinance is being
enforced. He explained that the City did not design or build this pond, but staff is
investigating Mrs. Martin's questions and forwarding them to the engineers who
designed the project for the developer. He stated that the wetland elevation
remains unchanged, and a report will be provided to the City Council.
Regular Council Meeting
September 5, 1995
Page 2
Councilmember Lymangood asked staff to address the comments about material
dumped on the site.
Public Works Director Moore stated a DNR representative visited the site, along
with the City staff. However, this wetland is not under the jurisdiction of the
DNR. Director Moore stated that one pile of material is clearly not in the wetland
and is protected by a siltation fence. The other pile of material will be pushed into
the wetland and used for the trail. He noted that the wetland went through the
U.S. Corps of Engineers approval process.
ITEM 4 PRESENTATIONS
School District 284 Superintendent Paul Beilfuss, and Board Chairperson Debbie
Jamrogiewicz, presented the City with a proclamation thanking the City Council
and staff for cooperation and collaboration on the School District 284 high
school/City playfield project.
ITEM 5 APPROVE AGENDA
Manager Johnson noted that Item 6 -MM has been amended to include approval of
the final plat. This item remained on the consent agenda.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the agenda as amended. Motion carried, seven ayes.
ITEM 6 CONSENT AGENDA
Item 6-K was removed from the consent agenda. Councilmember Lymangood
clarified that Item 6 -LL will establish a special meeting, during which the City
Council could take official action.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the Consent Agenda with the exception of Item 6-K.
Motion carried, seven ayes.
ITEM 6-A APPROVE MINUTES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the minutes of the August 1 regular council meeting and the
August 24 special council meeting. Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 3
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-489 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 23,1995.
Motion carried, seven ayes.
ITEM 6-C HUMAN RIGHTS COMMISSION BY-LAWS AND MISSION
STATEMENT
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-44 AN ORDINANCE AMENDING
CHAPTER 3 OF THE PLYMOUTH CITY CODE CONCERNING THE
PLYMOUTH HUMAN RIGHTS COMMISSION. Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-490 APPROVING THE MISSION
STATEMENT AND BY-LAWS OF THE PLYMOUTH HUMAN RIGHTS
COMMISSION. Motion carried, seven ayes.
ITEM 6-D APPOINTMENTS TO HUMAN RIGHTS COMMISSION
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-491 APPOINTING INDIVIDUALS
TO FILL HUMAN RIGHTS COMMISSION VACANCIES. Motion carried,
seven ayes.
ITEM 6-E ORDINANCE RELATING TO RECODIFICATION
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-45 AN ORDINANCE ADOPTING A
NEW CODE FOR THE CITY OF PLYMOUTH, MINNESOTA;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE
VIOLATION THEREOF; PROVIDING FOR THE MANNER OF
AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND
THIS ORDINANCE SHALL BECOME EFFECTIVE. Motion carried, seven
ayes.
Regular Council Meeting
September 5,.1995
Page 4
ITEM 6-F AMEND MEETING TIME FOR OCTOBER 3RD COUNCIL
MEETING
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to change the time of the regular Council Meeting on Tuesday,
October 3, from 7 p.m. to 8 p.m. Motion carried, seven ayes.
ITEM 6-G AMEND POLLING LOCATIONS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-492 DESIGNATING POLLING
LOCATIONS FOR VOTING PRECINCTS 7 and 10. Motion carried, seven
ayes.
ITEM 6-H LAWFUL GAMBLING EXEMPTION FOR MAKE -A -WISH
FOUNDATION
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-493 FINDING NO OBJECTION TO
LAWFUL GAMBLING EXEMPTION FOR MAKE -A -WISH
FOUNDATION OF MINNESOTA. Motion carried, seven ayes.
ITEM 6-I APPROVE CIGARETTE LICENSE FOR BIG TOP LIQUORS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-494 APPROVING CIGARETTE
LICENSE FOR BIG TOP LIQUORS, 10200 SIXTH AVENUE NORTH.
Motion carried, seven ayes.
ITEM 6-T HENNEPIN COUNTY WASTE DELIVERY AGREEMENT
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-495 APPROVING AGREEMENT
WITH HENNEPIN COUNTY WASTE DELIVERY. Motion carried, seven
ayes.
ITEM 6-L SET HEARING FOR DELINQUENT FIRE ALARM PERMIT FEES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-496 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR PAST DUE FALSE FIRE ALARM FEES. Motion
carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 5
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-497 CALLING FOR PUBLIC
HEARING ON PROPOSED ASSESSMENT PAST DUE FALSE FIRE
ALARM FEES. Motion carried, seven ayes.
ITEM 6-M 1995 DELINQUENT UTILITY CHARGES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-498 CALLING FOR PUBLIC
HEARING ON PROPOSED ASSESSMENT, DELINQUENT WATER,
SEWER, RECYCLING, AND STREET LIGHTING SERVICE CHARGES,
UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS
AND UNPAID ANNUAL RECYCLING FEES. Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-499 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING,
AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL
STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID
ANNUAL RECYCLING FEES. Motion carried, seven ayes.
ITEM 6-N SET HEARING FOR 1995 WEED ERADICATION
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-500 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT FOR 1995 WEED ERADICATION AND DESTRUCTION,
ROLL 1. Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-501 RESOLUTION FOR PUBLIC
HEARING ON PROPOSED ASSESSMENT, 1995 WEED ERADICATION
AND DESTRUCTION, ROLL 1. Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 6
ITEM 6-0 LUTZ CONSTRUCTION. FINAL PLAT FOR LUTZ CEDAR VIEW
ADDITION (95042)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-502 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR LUTZ CONSTRUCTION FOR
PROPERTY LOCATED SOUTH OF GLEASON LAKE DRIVE AND
WEST OF NIAGARA LANE NORTH (95042). Motion carried, seven ayes.
ITEM 6-P WUOLLET & ASSOCIATES. AMEND CONDITIONAL USE
PERMIT AND SITE PLAN FOR MINNEAPOLIS LAESTADIAN LUTHERAN
CHURCH (95075)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-503 APPROVING CONDITIONAL
USE PERMIT AMENDMENT AND SITE PLAN AMENDMENT FOR
WUOLLET & ASSOCIATES FOR PROPERTY LOCATED AT 13030
47TH AVENUE NORTH (95075). Motion carried, seven ayes.
ITEM 6-0 FORWARD TECHNOLOGY INDUSTRIES INCORPORATED.
CONDITIONAL USE PERMIT (95078)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-504 APPROVING CONDITIONAL
USE PERMIT AND SITE PLAN AMENDMENT FOR A SAFETY
STORAGE BUILDING AT FORWARD TECHNOLOGY INDUSTRIES,
INCORPORATED, 13500 COUNTY ROAD 6 (95078). Motion carried, seven
ayes.
ITEM 6-R JANCO, INC. PUD FINAL PLAT FOR FORESTER PRESERVE
PLAT 3 (95081)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-505 APPROVING FINAL PLAT
FOR JANCO, INCORPORATED FOR PROPERTY LOCATED NORTH
OF OLD ROCKFORD ROAD AND EAST OF BALSAM LANE NORTH
95081). Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 7
ITEM 6-S SITE IMPROVEMENT PERFORMANCE REDUCTION (94062)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-506 REDUCING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, OPUS
CORPORATION- FINGERHUT CORPORATION (94062). Motion carried,
seven ayes.
ITEM 6-T APPROVE SITE IMPROVEMENT PERFORMANCE AGREEMENT
RELEASES
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-507 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, JOHN DAY
COMPANY - PLYMOUTH AUTO MALL (92070). Motion carried, seven
ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-508 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, ASCENSION
LUTHERAN CHURCH (94103). Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-509 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, METACOM
INCORPORATED (94041). Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-510 RELEASING SITE
IMPROVEMENT PERFORMANCE GUARANTEE, BALDOR ELECTRIC
94024). Motion carried, seven ayes.
ITEM 6-U DEVELOPMENT CONTRACT FINANCIAL GUARANTEE
REDUCTION (94145)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-511 REDUCING REQUIRED
FINANCIAL GUARANTEE, HUNTERS BLUFF ADDITION (94145).
Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 8
ITEM 6-V PEONY LANE GRADING AND BY-PASS CONSTRUCTION,
PROJECT NO. 502
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-512 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
PEONY LANE - GRADING AND BY-PASS CONSTRUCTION, CITY
PROJECT NO. 502. Motion carried, seven ayes.
ITEM 6-W PAYMENT FOR 1994 STREET RECONSTRUCTION, PROJECT
401
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-513 REQUEST FOR PAYMENT
NUMBER THREE AND FINAL, STREET RECONSTRUCTION - PART 2,
CITY PROJECT NO. 401. Motion carried, seven ayes.
ITEM 6-X PRELIMINARY ENGINEERING REPORT AND SET
IMPROVEMENT HEARING FOR 12TH AVENUE IMPROVEMENTS,
PROJECT NO. 523
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-514 RECEIVING REPORT AND
CALLING FOR HEARING ON IMPROVEMENT,12TH AVENUE
IMPROVEMENTS, CITY PROJECT NO. 523. Motion carried, seven ayes.
ITEM 6-Y CERTIFICATE OF EXEMPTION WETLAND CONSERVATION
ACT, CITY PROJECT NO. 503
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-515 AUTHORIZING THE MAYOR
TO SIGN THE CERTIFICATE OF EXEMPTION, WETLAND
CONSERVATION ACT OF 1991 FOR: N.W. 19 TRUNK SANITARY
SEWER, CITY PROJECT NO. 503. Motion carried, seven ayes.
ITEM 6-Z PHOSPHATE -FREE FERTILIZER ORDINANCE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ORDINANCE 95-46 AN ORDINANCE AMENDING
CHAPTER 10 AND 11 OF THE PLYMOUTH CITY CODE CONCERNING
LAWN FERTILIZER APPLICATION CONTROL. Motion carried, seven
ayes.
Regular Council Meeting
September 5, 1995
Page 9
ITEM 6 -AA STORM DRAIN STENCILING PROGRAM
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt THE STORM DRAIN STENCILING PROJECT WORK
PLAN AS RECOMMENDED BY THE ENVIRONMENTAL QUALITY
COMMITTEE. Motion carried, seven ayes.
ITEM 6 -BB PAYMENT NUMBER 10, PROJECT NO. 031,
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-516 REQUEST FOR PAYMENT
NUMBER 10, COUNTY ROAD 24 - MEDINA ROAD PHASE 2, CITY
PROJECT NO. 031. Motion carried, seven ayes.
ITEM 6 -CC EASEMENTS FOR N.W.-19 TRUNK SANITARY SEWER
PROJECT NO. 503
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-517 RESOLUTION AUTHORIZING
THE CITY MANAGER TO SIGN AN EASEMENT AGREEMENT FOR
N.W. -19 TRUNK SANITARY SEWER OVER SOO LINE EAST AND
WEST PROPERTIES, CITY PROJECT NO. 503. Motion carried, seven ayes.
ITEM 6 -DD RECEIVE PETITION AND SET HEARING FOR LOCATION OF
STREET RIGHT-OF-WAY
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-518 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF A STREET RIGHT-OF-WAY,
JONQUIL LANE. Motion carried, seven ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-519 ORDERING PUBLIC HEARING
ON THE PROPOSED VACATION OF A STREET EASEMENT (41ST
AVENUE). Motion carried, seven ayes.
ITEM 6 -EE AUTHORIZE ALTERING MUNICIPAL STATE AID HIGHWAY,
XENIUM LANE/VINEWOOD LANE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-520 ALTERING MUNICIPAL
STATE AID HIGHWAYS. Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 10
ITEM 6 -FF AWARD BID FOR PRINTING/MAILING OF WASTE REDUCTION
GUIDE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-521 AWARDING BID FOR THE
PRINTING OF THE WEST HENNEPIN CITIES WASTE REDUCTION
GUIDE. Motion carried, seven ayes.
ITEM 6 -GG REPORT OF TREE PRESERVATION COMMITTEE ON DUTCH
ELM DISEASE REMOVAL -- JORDAN REQUEST
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt ACCEPT THE REPORT OF THE TREE
PRESERVATION COMMITTEE ON DUTCH ELM DISEASE REMOVAL
RELATING TO THE JORDAN REQUEST FOR DEFERRAL AND TO
AUTHORIZE THE FINANCE DIRECTOR TO EXTEND FROM 30 TO 90
DAYS THE INTEREST FREE PERIOD TO PAY SPECIAL
ASSESSMENTS FOR FORCED TREE REMOVALS. Motion carried, seven
ayes.
ITEM 6-1111 APPROVE NO PARKING DESIGNATION ON EIGHTH AVENUE,
NINTH AVENUE, AND WESTON LANE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-522 APPROVE "NO PARKING"
SIGN INSTALLATION ON 8TH AVENUE, 9TH AVENUE BETWEEN
VICKSBURG LANE, AND EAST 8TH AVENUE INTERSECTION, AND
WESTON LANE, ALL IN BIRCH BRIAR AND BIRCH BRIAR EAST
ADDITION. Motion carried, seven ayes.
ITEM 6-H APPROVE FALL PHOSPHORUS -FREE FERTILIZER SALE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to approve the fall phosphorus -free fertilizer sale as proposed by staff in
a memorandum dated August 8, 1995, with the sale price of the fertilizer
established at $12.50 per bag and directing that any revenue from the sale in excess
of expenses be placed in the Community Planting Fund to be used for reforestation
projects in the City. Motion carried, seven ayes.
ITEM 6 -JJ AUTHORIZING EASEMENT ON CITY PLAYFIELD PROPERTY
WEST OF PEONY LANE
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to authorize the Mayor to execute an easement to US West
Regular Council Meeting
September 5, 1995
Page 11
Communications on the property purchased by the City of Plymouth for a playfield
immediately north of the C.P. Railroad and west of Peony Lane. Motion carried,
seven ayes.
ITEM 6 -KK APPROVE LANGUAGE FOR THE PLYMOUTH CHARTER
AMENDMENTS
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-523 APPROVING THE LANGUAGE
FOR THREE PLYMOUTH CHARTER AMENDMENTS WHICH WILL
APPEAR ON THE NOVEMBER 7,1995, BALLOT. Motion carried, seven
ayes.
ITEM 6 -LL APPROVE CHANGE IN TOPICS FOR SPECIAL COUNCIL
MEETING
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-524 APPROVING CHANGES IN
THE SCHEDULED AGENDA TOPICS FOR THE SPECIAL COUNCIL
MEETING OF SEPTEMBER 12,1995, DELETING THE DISCUSSION OF
DOWNTOWN PLYMOUTH AND ADDING ACTION ON METRO
MOBILITY. Motion carried, seven ayes.
ITEM 6 -MM EDEN TRACE. MPUD PRELIMINARY PLAN AMENDMENT
CONDITIONAL USE PERMIT, AND FINAL PLAN FOR TWIN CORP. (95079)
MPUD 83-1)
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-525 APPROVING MPUD
PRELIMINARY PLAN AMENDMENT, CONDITIONAL USE PERMIT
AMENDMENT, AND FINAL PLAN FOR EDEN TRACE FOR PROPERTY
LOCATED WEST OF NIAGARA LANE, SOUTH OF THE
INTERSECTION OF 23RD AVENUE NORTH AND POLARIS LANE
NORTH (95079). Motion carried, seven ayes.
ITEM 6-K OPEN SPACE ACQUISITION - OLSON SITE
Betty Baer, 5540 Ranier Lane, stated that the citizens recently voted through a
referendum to make money available for acquisition of open space. It was her
understanding that the acquired land would be permanently maintained as open
space and placed in a land trust. She stated that the proposed purchase agreement
for the Olson site restricts the use of the parcel to open space for 15 years, and
then the use of the parcel would be the decision of the City Council. She stated
this is not very long to preserve the property as open space. She urged the
Regular Council Meeting
September 5, 1995
Page 12
Council not to destroy trees in order to construct the wetland pond. She would
also like the area of County Road 47 and Peony Lane to be maintained and the
weeds cut.
Manager Johnson stated that the main forest area will not be impacted by creation
of the wetland. He stated that the City Attorney has indicated that restricting the
use of the parcel to open space "forever" or "for eternity" is not legally advisable.
However, he assured Mrs. Baer that the City Council or staff has no intention of
using the parcel for anything other than open space.
Attorney Knutson explained that the City could use the land in perpetuity for a
park if it so decides, but it is impossible for one generation to predict what is
advisable for future generations. At this time, there is every intention to retain the
parcel as open space.
Councilmember Helliwell suggested that the use restriction be extended for a term
longer than 15 years.
City Attorney stated that the Council could extend the term up to 30 years. After
that point, there could be a marketable title problem.
Councilmember Granath stated that it is the intention of the Council to preserve
this parcel as open space, but ultimately it is up to the citizens what occurs with
the property. Residents need to stay involved in City government to ensure that
environmental issues are a priority.
Councilmember Anderson asked if land trust cost and options have been
considered.
Attorney Knutson stated that it could be done in that manner, but there are tax and
other considerations. Also, there are examples of other cities that have no
alternatives for use of parcels held in land trust. He stated that, for example, a city
could be prevented from installing a bird house, trail, or water tower on a site that
has a use restriction or that is held in land trust. In response to a question by
Councilmember Lymangood, he stated that the Olsons' would need to approve a
change from the recommended 15 years.
Councilmember Lymangood expressed concern with the option of establishing the
property as a land trust because the City would lose control over the use of the
site. He would support increasing the use restriction period from 15 to 25 years
and to direct that additional options be investigated.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Wold, to amend the restricted use period from 15 to 25 years and to direct the
Regular Council Meeting
September 5, 1995
Page 13
Open Space Subcommittee to investigate alternatives for more permanent
protections including long-term management of the site.
Councilmember Lymangood clarified that the tilled area is not included in this
discussion.
Councilmember Granath stated that he will not support a motion to increase the
period of time of the use restriction until the Open Space Subcommittee considers
the matter and provides a recommendation.
MOTION was made by Councilmember Granath, seconded by Councilmember
Anderson, to table the motion to September 19.
Councilmember Edson suggested that direction be provided on the specific criteria
desired for consideration on September 19.
Councilmember Anderson stated that staff should report on how long is reasonable
for restricted use in the purchase agreement, what legal alternatives are available,
and what land is included.
Councilmember Wold called the question.
Motion carried: Anderson, Lymangood, Helliwell, Granath, and Tierney ayes;
Edson and Wold nays.
ITEM 7-A 1995-1995 Cauital Imurovements Proeram
Assistant City Manager Lueckert recommended that the City Council conduct a
public hearing and approve the allocation of $1,000,000 from the Community
Improvement Fund for Trail Construction, and amend the 1995-1999 Capital
Improvement Program to incorporate the projects and funding sources approved
by voters in the May, 1995, referendum. In response to a question by
Councilmember Edson, Assistant Lueckert stated that acquisition of the Ess
property is not currently included in the Capital Improvement Program.
Mayor Tierney opened the public hearing at 7:50 p.m. on the proposed
amendments to the 1995-1999 Capital Improvements Program. No one appeared,
and the hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-526 DESIGNATING THE
COMMUNITY IMPROVEMENT FUND AS THE FUNDING SOURCE
FOR $1,000,000 FOR TRAIL CONSTRUCTION. Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 14
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Anderson, to adopt RESOLUTION 95-527 APPROVING AMENDMENTS
TO THE 1995-1999 CAPITAL IMPROVEMENT PROGRAM TO ADD
OPEN SPACE ACQUISITION IN THE AMOUNT OF $2,235,000 WITH
THE FUNDING SOURCE OF GENERAL OBLIGATION BONDS AND TO
ADD TRAIL CONSTRUCTION IN THE AMOUNT OF $1,000,000 WITH
THE FUNDING SOURCE OF THE COMMUNITY IMPROVEMENT
FUND. Motion carried, seven ayes.
ITEM 7-11 VACATION OF DRAINAGE AND UTILITY EASEMENTS
Public Works Director Moore presented the staff report on the proposed vacation
of a portion of drainage and utility easements and drainage easement for ponding
in Parcel 15-118-22-42-0006 and a portion of Xenium lying north of the north line
extended westerly of Heritage West 2nd Addition. He stated that once the new
Vinewood/Xenium Lane is opened to traffic within French Ridge Park Addition,
the portion of Xenium Lane proposed to be vacated lying north of the north line
extended westerly of Heritage West 2nd Addition will no longer be necessary. The
existing drainage and utility easements and drainage easement for ponding are
being rededicated on the final plat of French Ridge Park Addition.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 95-528 AUTHORIZING THE VACATION
OF A PORTION OF XENIUM LANE STREET RIGHT-OF-WAY IN
PARCELS 15-118-22-42-0010 15-118-22-34-0025 15-118-22-43-0001 AND
15-118-22-42-0006. Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 95-529 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF RESOLUTION NO. 95-528 VACATING A
PORTION OF XENIUM LANE STREET RIGHT-OF-WAY ADJACENT
TO PARCELS 15-118-22-42-0010 15-118-22-34-0025 15-118-22-43-0001
AND 15-118-22-42-0006. Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 95-530 AUTHORIZING THE VACATION
OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE
EASEMENT FOR PONDING PURPOSES, PARCEL 15-118-22-42-0006.
Motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 15
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 95-531 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF RESOLUTION NO. 95-530 VACATING
DRAINAGE AND UTILITY EASEMENT AND DRAINAGE EASEMENT
FOR PONDING PURPOSES, PARCEL 15-118-22-42-0006. Motion carried,
seven ayes.
ITEM 7-C-1 LIQUOR LICENSE VIOLATION HEARING, MGM WINE &
SPIRITS. INC.
Public Safety Director Gerdes presented the staff report and recommended that the
Council conduct administrative hearings on the liquor license violations at MGM
Wine & Spirits, Inc., 3900 Vinewood Lane, and Bass Lake Bottle Shop Inc.,
11540 Bass Lake Road. He stated that under City Code, liquor license violations
are sent to the City Council for consideration of civil penalties. No fine,
suspension, or revocation shall take effect until the licensee has been afforded an
opportunity for a hearing. Under Section 1215.03, Subd. 2 of the City Code, "The
City Council may either impose a civil fine up to $2,000 and/or suspend for a
period not to exceed 60 days or revoke any license upon a finding that the licensee
has failed to comply with an applicable statute, regulation, or ordinance relating to
the sale, consumption or display of alcoholic beverages."
Director Gerdes stated that the Police Department sent a letter to all on -sale and
off -sale liquor establishments in the City notifying them that the City would be
involved in a liquor law sales violation project during the month of March. MGM
Wine and Spirits, Inc., received a copy of this letter on February 2, 1995, via
return receipt requested mail. On March 25, 1995, a 20 -year old male member of
the Plymouth Police Reserves, working with police department members,
purchased alcohol at MGM Wine and Spirits from a clerk. The clerk pled guilty to
that offense. All information was presented to the City Clerk, and the license
holder was notified of this hearing. MGM Wine and Spirits has had no previous
violations.
Director Gerdes stated that MGM representatives have been in contact with him
regarding the hearing and information was provided to the Council from MGM.
He recommended that a $1,000 fine be imposed and a 15 -day suspension of the
liquor license. He further recommended that the suspension be stayed for six
months. If no same or similar violations occur during the six month period, the
suspension would be waived. He stated that the City hopes to receive additional
cooperation from MGM Wine and Spirits, and the stayed suspension will provide a
strong incentive for MGM to conduct business in an appropriate manner. If
another violation occurs within the six month period, the suspension would
automatically be imposed and a hearing would be established for consideration of
Regular Council Meeting
September 5, 1995
Page 16
the additional violation. Director Gerdes concluded that it has been and will
remain the goal of the Public Safety Department to gain the cooperation of all
liquor establishments in compliance with all liquor laws, especially underage sales.
Mayor Tierney opened the hearing at 8:05 p.m. to consider the liquor law violation
that occurred on March 25, 1995, at MGM Wine and Spirits, 3900 Vinewood
Lane.
Terry Maglich, 16500 Gray's Avenue, Minnetonka, stated he owns the MGM
Wine and Spirits store at 3900 Vinewood Lane with his brother. He stated they
take this violation very seriously, and it was an unintentional mistake. Mr. Maglich
was at the store in the morning on March 25, and his brother was present in the
store in the afternoon. The store manager was there in the evening, and the notice
received from the Police Department was posted at the cash register. He stated
that before leaving the store, his brother reminded the store manager of the liquor
sales project. Mr. Maglich stated that the employee who made the sale was going
through some difficult personal times and perhaps that was the reason for the
error.
Mr. Maglich stated that this is a successful MGM store and they don't make their
money selling alcohol to minors. He stated that MGM realizes that a liquor license
is a privilege to do business, and that they must conform with the laws. He
emphasized that they did not do this intentionally and will work hard to ensure that
it will not occur again. He noted that MGM employs an individual whose sole
responsibility is to train employees on the process of avoiding sale of alcohol to
minors.
John Mills, 2473 Hywes Ave. N., Oakdale, stated that he administers the MGM
alcohol sales training program. Each employee undergoes 2 1/2 hours of
classroom instruction, watches a videotape, and takes a pre- and post -session test.
Each employee must successfully complete the program prior to working on a cash
register. He stated that MGM considers the opportunity to do business in
Plymouth a privilege and will do everything to ensure that this does not occur
again.
John F. Berglund, 2353 Rice St. #139, St. Paul, represented the Minnesota
Licensed Beverage Association. He stated that the proposed penalty is significant
and may be overly harsh. He suggested that if the days of potential suspension or
fine were less, the City will still have 100 percent cooperation from the liquor
establishments in the City. Mr. Berglund stated that he was a former chief county
prosecutor, and he introduced Techniques of Alcohol Management as a training
program. He said that MGM offers this program to all their employees on a
regular basis. He asked the Council to consider whether the act was intentional,
whether the penalty is a deterrent, whether the store has complied with good
Regular Council Meeting
September 5, 1995
Page 17
business practices, and the difficulty of working in a liquor store. He suggested
that the City work to eliminate the demand for alcohol by minors.
Councilmember Lymangood asked how the license holder defines "unintentional
sale." If the sale was made, how could it be unintentional? He also stated that the
City tried gaining cooperation from liquor establishments by forewarning them of
the liquor sales violation project. A portion of the letter stated, "we seek to work
cooperatively with you to eliminate this problem." He asked what efforts were
taken to cooperate on addressing this problem. He also asked if the clerk asked
for identification during the March 25 sale.
Mr. Maglich responded that he would define an intentional sale as someone who
deliberately sells alcohol to a minor either on or off the licensed premises. He said
that in this situation there wasn't a deliberate intent to sell alcohol to a minor. Mr.
Maglich stated that the clerk did not ask for identification. The clerk made a
mistake and did not look close enough at the customer. He stated that he believes
his employee made a mistake, but did not deliberately violate the law. He said that
after receiving the letter from the Police Department, he made employees aware of
the proposed liquor sales violation project. Employees were watched closely and
instructed to be careful. On March 25, the issue was discussed with the clerk prior
to him taking his evening shift.
In response to a question from Councilmember Anderson, Mr. Maglich stated that
the employee who made the sale was employed by him for 12-13 years. The clerk
is a good employee who has made thousands of transactions. Perhaps his personal
problems were the reason for him not asking for identification.
Councilmember Anderson stated that his greatest concern with this situation was
that identification was not even requested.
Mayor Tierney closed the hearing.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to impose a civil fine of $1,000 and a 15 -day suspension of the liquor
license. The license suspension is stayed for six months. If no same or similar
violations occur during the six months, the suspension would be waived. If
another violation occurs within the six month period, the Council would
automatically impose the suspension as well as establish a hearing for the
additional violation and possible additional sanctions.
Councilmember Edson stated that this could be an isolated incident -- but the
Council does not know that. He stated that all employees at the store were at a
heightened awareness, and yet there was a violation. He supports the motion.
Regular Council Meeting
September 5, 1995
Page 18
Councilmember Lymangood stated that everyone makes mistakes, but he is
concerned that even with the letter notifying establishments of the liquor sales
violation project, cooperation was not received and violations occurred.
SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded by
Councilmember Wold, to impose a civil fine of $1,000 and a 15 -day suspension of
the liquor license. The license suspension is stayed for twelve months. If no same
or similar violations occur during the twelve months, the suspension would be
waived. If another violation occurs within the twelve month period, the Council
would automatically impose the suspension as well as establish a hearing for the
additional violation and possible additional sanctions. Within 60 days, the licensee
can meet with the Public Safety Director to develop a cooperation plan. Based on
that plan, the Director could recommend to the Council that the stayed period be
shortened to less than twelve months.
Public Safety Director Gerdes stated that staff will seek cooperation of the
business, and there may be an opportunity to work with state agencies to conduct
additional liquor sales enforcement operations. He explained that a cooperative
program could include such things as placing an officer in the establishment to
assist the business with attempted sales and reporting of attempted sales by minors.
Mayor Tierney noted this is a first violation and questioned whether extensive
penalties are appropriate for a first violation.
Councilmember Wold stated that this is a serious mistake. He supports the motion
and wants to ensure that there is ongoing contact between MGM and the Police
Department. He noted that if the cooperative plan is working well with
extraordinary cooperation by the licensee, the Public Safety Director may suggest
that the Council consider reducing the stayed period to something less than the six
months originally recommended.
Councilmember Granath stated that this is a first violation, and he is impressed
with the efforts of MGM Wine and Spirits in establishing a solid training program
and supporting their employee. He believes that the original recommended action
was sufficient to receive cooperation, and he will not support the motion to
substitute.
MOTION to substitute carried: Edson, Anderson, Wold, Lymangood ayes;
Granath, Helliwell, and Tierney nays.
Main motion carried, seven ayes.
Regular Council Meeting
September 5, 1995
Page 19
ITEM 7-C-2 LIQUOR LICENSE VIOLATION HEARING - BASS LAKE
BOTTLE SHOP, INC.
Public Safety Director Gerdes stated that Linda Lahr, licensee for Bass Lake
Bottle Shop, Inc., 11540 Bass Lake Road, received a letter from the Public Safety
Department advising of the liquor sales violation project on February 21, 1995, via
return receipt requested mail. On March 25, 1995, a 20 -year old member of the
Plymouth Police Reserves, working with the police department, purchased alcohol
at Bass Lake Bottle Shop from Linda Lahr. She pled guilty to that offense. Bass
Lake Bottle Shop, Inc., was notified of this hearing and has had no previous
violations. He stated that the circumstances of this incident are similar to the
MGM violation. He recommended a similar penalty, except with a
recommendation for a $1,500 fine, rather than $1,000 fine, because the sale was
made by the owner who had received the initial notice from the Police Department.
Mayor Tierney opened the hearing at 8:35 p.m.
Public Safety Director Gerdes reviewed the events of the underage sale.
Councilmember Granath asked how the amount of the recommended fine was
derived and whether revenues of the business are considered.
Director Gerdes stated that the recommendation is solely based on the fact that the
owner received the notice letter of the liquor sales project and also made the illegal
underage sale. No financial records of the business were considered.
Linda Lahr, 11815 61st Avenue North, owner of Bass Lake Bottle Shop, Inc.,
stated that on March 25, 1995, she had been carding individuals all day. The
police reserve officer to whom she made the sale looked the same age as the
persons she had been carding. She stated that she looked at him, looked at the
price on the product, and then looked at him again. She said that normally if
someone attempts to make an underage sale, they come into the store when no one
else is there and park at the end of the store parking lot. Ms. Lahr stated that there
were other customers in the store at the time, and she made a mistake in not
checking his identification. She has taken many false identifications from underage
individuals attempting to make purchases of alcohol. She then notifies the
individuals that they will have to contact the Plymouth Police Department to get
their identification returned. None of those individuals have done so. She said
that her son recently caught someone purchasing alcohol in the store and then
selling it to a minor in the parking lot. He called the Police and they are working
on that case. She has refused sales to individuals who are of age but have minors
in their vehicles. At the time of the violation, she said that only she and her son
worked at the store. Ms. Lahr stated that her husband passed away in May and
Regular Council Meeting
September 5, 1995
Page 20
she has had to hire part-time employees so she can take care of the children. She
indicated that she will be in the process of selling the business.
Councilmember Granath asked if this business is the sole means of family support,
and how Ms. Lahr intends to change the carding practices at the business after this
incident.
Ms. Lahr stated the business is the sole means of family support, and at times she
has worked 70 hours per week. She intends to ask for identification two to five
times before she makes a sale to that person in the future without identification.
She said that she will accept recommendations from the Police Department on this
issue. She doesn't like underage youth coming into her establishment. She
believes that they have previously returned to the store and broken her windows
when they were refused a purchase.
Councilmember Anderson asked how long she has owned the business, and how
long it takes to card someone.
Ms. Lahr responded that they purchased the business in May, 1991. It takes only a
few seconds to check identification.
Mayor Tierney closed the hearing at 8:45 p.m.
Councilmember Lymangood stated that Ms. Lahr indicates she has confiscated
identification from potential underage buyers, but asked what cooperation the City
is receiving from this establishment.
Director Gerdes stated that Ms. Lahr indicated she keeps the identification, then
notifies the individuals to contact the Police Department to get them returned. He
said that Ms. Lahr should be immediately contacting the Police Department to
transfer possession of the identifications so that appropriate law enforcement
action can be taken. He said that Ms. Lahr is trying to work on the issue herself,
but it goes beyond that. She should provide the Police Department with the
necessary information so that the Police can assist businesses in resolving these
problems.
Councilmember Lymangood asked if the penalty and suspension period transfer to
the new owner if the business is sold.
Attorney Knutson stated that liquor licenses are not transferable; therefore, the
penalty would not transfer.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Edson, to impose a civil fine of $1,500 and a 15 -day suspension of the liquor
Regular Council Meeting
September 5, 1995
Page 21
license. The license suspension is stayed for twelve months. If no same or similar
violations occur during the twelve months, the suspension would be waived. If
another violation occurs within the twelve month period, the Council would
automatically impose the suspension as well as establish a hearing for the
additional violation and possible additional sanctions. Within 60 days, the licensee
can meet with the Public Safety Director to develop a cooperation plan. Based on
that plan, the Director could recommend to the Council that the stayed period be
shortened to less than twelve months.
Mayor Tierney stated that she will vote against the motion. She does not believe
that a penalty this significant is needed to gain cooperation from the licensee.
Councilmember Lymangood stated that the Police Department should continue
doing the liquor sales violation operations, and no additional prior notice need be
given to liquor establishments.
Councilmember Granath spoke against the motion because he does not believe the
penalty is fair. He stated that a $1,500 fine will have a far greater impact on this
business than the $1,000 fine did on the MGM liquor establishment. He
emphasized to the liquor establishment owners that there has to be accountability
even when unknowing mistakes are made and cooperation with the Police
Department is essential. He added that the word "sting" has been used to describe
this liquor sales violation operation, and it is not accurate. He does not
characterize this operation as a "sting" because the intended victims were notified
in advance it would take place.
Councilmember Helliwell stated that she would have supported the Public Safety
Director's original recommendation for a civil penalty. She agreed with
Councilmember Granath that the motion would result in a very strict and unfair
penalty. This establishment is in her neighborhood. She said the property was
extremely run-down when the Lahrs' purchased it in 1991. They have improved
the property and the businesses now appear to be doing well.
Motion carried: Edson, Anderson, Wold, and Lymangood ayes; Granath, Helliwell,
and Tierney nays.
ITEM 7-D HEARING TO CONSIDER REPEALING SURFACE WATER
REGULATIONS FOR PACE LAKE
Park Director Blank explained that the current surface water regulations on Pike
Lake as adopted by the cities of Maple Grove and Plymouth limit the speed to 15
mph. Plymouth residents have requested that the Council rescind the existing
ordinance to allow water skiing on Pike Lake. A public hearing has been
scheduled for this evening to allow testimony with regard to the issue.
Regular Council Meeting
September 5, 1995
Page 22
Director Blank stated that based on discussions with Maple Grove, Hennepin
Parks, and the DNR, he believes the Council has several alternatives: 1) Take no
action at this time and leave the 15 mph speed limit in place; 2) Rescind the
current ordinance, thus the lake would have no restrictions beyond state law and
water skiing and jet skiing could take place on the lake; or 3) Take no action at
the time and direct that a committee comprised of one Plymouth resident, one
Maple Grove resident, Maple Grove staff, Plymouth_ staff, Park District staff, and
DNR staff meet to review the situation and provide a recommendation to the
Council prior to April 1, 1996.
Councilmember Anderson asked for a staff recommendation, and whether Maple
Grove has indicated a position on the issue.
Park Director Blank suggested that the Council could adopt a combination of
alternatives 2 and 3 by rescinding the ordinance and establishing a committee to
study the issue and provide a recommendation by spring, 1996. He said that the
City of Maple Grove has taken no official position on the surface water regulations
for Pike Lake. They are aware of the issue, but their Water Quality Committee has
not had an opportunity to consider it. Maple Grove staff indicates they would like
the existing ordinance to remain in place.
Attorney Knutson explained that Pike Lake is located in multiple jurisdictions, and
if one city adopts regulations, the other city must have the same regulations. He
said that if the Plymouth Council rescinded the ordinance, the action would not be
effective for Pike Lake until approved by the DNR.
Councilmember Edson favored the option of rescinding the ordinance and
appointing a committee to consider the issue. His concern is that when the water
surface use regulations for Pike Lake were adopted in 1992, Plymouth did not
conduct a public hearing on the proposal. The City Council relied on the City of
Maple Grove to conduct the hearing and invite Plymouth residents to attend. He
believes that hearing notices were sent to Plymouth residents, but questioned
whether is was as effective as the City of Plymouth sending the notice to residents
indicating the reason for the hearing. He noted that Hennepin County owns the
majority of the land around the lake and the County may propose restrictions at the
time the park is developed.
Mayor Tierney opened the public hearing to consider repealing the surface water
regulations for Pike Lake at 9:05 p.m.
Steve Engelke, 6110 Deerwood Lane, stated he has lived at this address for five
years and did not receive notice of the proposed regulations in 1992. During the
last five years, he was unaware of the regulations and has done canoeing, fishing,
Regular Council Meeting
September 5, 1995
Page 23
and skiing on the lake without dispute. He owns 100 feet of lakeshore and stated
the lake is large enough for all types of uses. He does not believe this impacts the
wildlife habitat. Mr. Engelke stated his family does many recreational activities on
the lake, and he believes that the use restrictions remove some of his rights to use
of his property. He volunteered to serve on a committee to study the issue.
Gary Zechmeister, 6210 Deerwood Circle, stated he purchased his home in 1992.
The ordinance was not in effect when he purchased his home, and he was unaware
of the subsequent enactment. His family spends time actively using the lake, and
he opposes the use restrictions. He is available to serve on a committee.
Marie Zechmeister, 6210 Deerwood Circle, agreed with the previous comments.
She purchased her home with the understanding that this was a full recreational
lake. She stated that the DNR informed her as recently as May, 1995, that there
are no use restrictions on this lake. Ms. Zechmeister stated she would not have
purchased her home if the regulations were in effect. She is willing to serve on a
committee to study the issue.
Pam Paulsen, 11680 Red Fox Drive, Maple Grove, stated that she has had deeded
access to Pike Lake for 12 years. She opposes rescinding the ordinance primarily
for safety reasons. She said that the majority of skiing and boating is by
unsupervised children, and there has been reckless driving and excess speeding on
the lake. She believes this type of use is disrespectful to dock users. She asked if
the City is going to increase enforcement if the water surface use restrictions are
rescinded.
Kurt Paulsen, 11680 Red Fox Drive, Maple Grove, read a letter from Keith
Swenson a Pike Lake resident on Water Quality Commission in Maple Grove. He
has had access rights to the lake since 1988. He said that of the 11 lakes in Maple
Grove, Pike Lake currently has the worst water quality. He said that Maple Grove
and Plymouth agreed to the 15 mph speed limit on the lake in 1992 and this has
resulted in no personal injury accidents. He stated that Pike Lake's size cannot
safely support a speed of greater than 15 mph.
Mr. Paulsen stated that originally, a "no wake" status was suggested for Pike Lake
due to the size and nature of the lake. Pike Lake is similar to Parkers Lake in size;
however, Parkers Lake is highly developed, visible from County Road 6, and
violations can be witnessed. Pike Lake can only be access through a narrow boat
access. He said there are 123 homes on the lake and people on rafts and canoes.
He is concerned about their safety if jet skis and water skis are allowed. Mr.
Paulsen stated that residents on the lake have violated the existing surface water
regulations even after being warned by Mr. Swenson of the regulations. He
requested that the issue be studied before rescinding the ordinance.
Regular Council Meeting
September 5, 1995
Page 24
Jim Carroll, 11800 Red Fox Drive, Maple Grove, stated that Pike Lake is a
treasure to the communities of Maple Grove and Plymouth. It is only about 60
acres of water, and the 15 mph speed limit ensures safe use on the lake for fishing
boats, rafts, and canoes. He said there are many lakes in Maple Grove and
Plymouth that allow use of jet skis and water skis. Mr. Carroll stated that
protection of the environment is needed, and he supports a committee to study the
issue. He doesn't believe that the existing use regulations need to be rescinded in
order to have the issue studied. He presented a petition from Red Fox Cove
residents who support retaining the 15 mph speed limit on the lake. Mr. Carroll
explained that Eagle Lake has public access and a channel connects to Pike Lake.
Councilmember Granath expressed concern about whether there is basis for a
compromise.
Mr. Carroll stated that he did not know. He would not be so concerned about
retaining the regulations if boating were limited to the five Plymouth properties on
the lake. However, because of the public access via the Eagle Lake channel, the
problem is greatly increased. The speed limit is currently posted at the channel
bridge.
Councilmember Edson questioned why boaters would leave Eagle Lake which is
600 acres to boat on Pike Lake.
Paula Gaeth, 11648 Red Fox Drive, Maple Grove, stated that she called the DNR
when purchasing her home one year ago and was informed that there is a 15 mph
speed limit on Pike Lake. She is concerned that rescinding the speed limit
regulations will negatively impact the wildlife on the lake and reduce safety.
Dan Jacobs, 6220 Deerwood Circle, stated that he moved here one month ago and
was informed by the prior owner that there are no restrictions on Pike Lake -- only
a "no wake" zone in the channel. He said that a dock is being installed this week
and he supports rescinding the surface water use regulations. He is willing to
serve on a committee to study the issue.
Rox Anne Engelke, 6110 Deerwood Lane, stated that she is unaware of anyone
being given a ticket or warning for unsafe boating or speeding on Pike Lake. She
was unaware of the use restrictions, and said there are currently four docks in their
Plymouth neighborhood. Ms. Engelke stated that Red Fox Cove has a dock, but is
not directly on the lake. There is one community dock that does not allow them to
have motorized boats on the lake. She said that she paid a lot of money to own a
lakeshore parcel, and resale value is a concern. She was not notified of the
proposed regulations in 1992, and suggested that there are areas for compromise
such as hours of operation for various use types on the lake. For example, canoe
hours could be established early in the morning and late in the evening, with power
Regular Council Meeting
September 5, 1995
Page 25
boating allowed during the day. She would be willing to serve on a committee to
study the issue.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Granath, to take no action at this time and to direct that individuals interested in
serving on a committee submit their names to staff. A committee report should be
provided to the Council prior to April 1, 1996.
Councilmember Granath stated he does not favor rescinding the ordinance until
affected residents have an opportunity to work out a compromise solution.
Mayor Tierney agreed that rescinding the surface water use regulations is
premature. She suggested that the committee be comprised of two Plymouth
residents - one living on the lake and one not living on the lake, as well as an
Environmental Committee member.
SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded by
Councilmember Edson, to rescind the existing ordinance on surface water use
regulations for Pike Lake, and to direct that individuals interested in serving on a
committee submit their names to staff. (ORDINANCE 95-46A)
Councilmember Lymangood explained that the reason for this motion is that
inadequate or improper notice may have been done when the water surface
regulations were adopted by the City of Maple Grove in 1992. Councilmember
Edson said that the notice letter sent by the City of Maple Grove in 1992 did not
refer specifically to Pike Lake, but rather to the entire water surface ordinance
regulations. Plymouth residents who received the notice may have assumed that it
did not affect Plymouth residents.
In response to a question by Councilmember Edson, Attorney Knutson stated that
the amendment to surface water regulations would be subject to DNR approval.
Councilmember Wold encouraged affected residents to try to negotiate a
compromise. He is concerned about the lack of due process that was given to
Plymouth residents when the regulations were adopted in 1992. He said that it
may be possible for the committee to provide a recommendation before the DNR
approves rescinding the ordinance.
Motion to substitute carried: Edson, Wold, Lymangood, and Helliwell ayes;
Granath, Anderson, and Tierney nays. Main motion as amended carried: six ayes;
Granath nay.
Regular Council Meeting
September 5, 1995
Page 26
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to direct staff to notify the Maple Grove City Council of this action.
Motion carried, seven ayes.
ITEM 8-A ACQUISITION OF ESS PROPERTY FOR PARK PURPOSES
Park Director Blank stated that on June 20, 1995, the City Council authorized that
a feasibility report be conducted on the Ess property to determine its usefulness for
park purposes. The consultant firm of Brauer and Associates has completed their
review and submitted their findings to the Park and Recreation Advisory
Commission. The plan calls for the southern half of the property to be used in
conjunction with the outdoor education center. The concept plan shows a possible
location on the north end of the pond for a future outdoor education building. The
parking for the ballfields could also then be used for the education center. Four
youth girls fast pitch and/or youth baseball fields are proposed with outfield fences
at 200 foot dimensions. Parking on the site is proposed for 160 spaces. The
consultant's estimate for developing this site is about $800,000. The Park and
Recreation Advisory Commission adopted a motion indicated that the Commission
believes there is potential park usage for all of the Ess property. He stated that the
City's Comprehensive Plan has always shown the northerly 19 acres of wetlands on
the site for park purposes, and this plan would allow the addition of four youth -
sized baseball fields.
Manager Johnson presented a proposed resolution to authorize acquisition of the
Ess property in the amount of $569,588 with funding to be charged to the tax
increment account.
MOTION was made by Councilmember Wold, seconded by Councilmember
Lymangood, to adopt RESOLUTION 95-532 AUTHORIZING
ACQUISITION OF ESS PROPERTY.
Councilmember Helliwell supported acquisition of the wetland area, but expressed
concerns about plans -for any future interchange at Schmidt Lake Road and I-494.
She asked if the property could be acquired for a park, with a motion that the
interchange would not be constructed.
Attorney Knutson advised that the proposed resolution authorizes acquisition of
the Ess property and provides that the property can in the interim be used for park
purposes. However, tax increment funding could not be used for the acquisition if
the interchange is not proposed. The tax increment plan would have to be
amended first which would take several months.
Regular Council Meeting
September 5, 1995
Page 27
Public Works Director Moore stated that no detailed plans have been developed to
show the impact of the proposed interchange on the ballfields; however, it is likely
that only one ballfield would be affected.
Councilmember Anderson stated that he would like the issue of the Schmidt Lake
Road/I-494 interchange placed on a future agenda.
Councilmember Edson stated that he will not support the motion because he
opposes the Schmidt Lake Road/I-494 interchange plan. While he supports the
use of the land for a park, the possibility of an interchange in the future outweighs
the benefits of a park in the interim.
In response to a question by Mayor Tierney, Public Works Director Moore stated
that the interchange has been in the Comprehensive Plan since 1972.
Mayor Tierney stated that this City Council does not need to make the decision
about the Schmidt Lake Road/I-494 interchange. A decision is probably 15 to 20
years away. She said that this is an opportunity to construct more needed
ballfields.
Councilmember Wold agreed and stated that the Youth Sports Facility Committee
has met and identified the immediate need for more ballfields.
Kathy Thompson, 16010 46th Avenue North, represented Plymouth -Wayzata
Youth Baseball Association. She said the association serves 1,700 children, and
there are currently about 500 eight, nine, and ten -year-olds who do not have a
field. She urged support for the motion.
Larry Mandile, 13 95 5 36th Avenue North, represented Plymouth -New Hope
Baseball Association. He said that there are over 300 nine and ten -year-olds who
could use these ballfields. They currently do not have adequate and safe fields for
practice. He supported the motion.
Councilmember Wold encouraged Mr. Mandile to notify staff if there are safety
concerns in the parks. He said that Plymouth has safe parks and the City is
proactive in addressing safety issues.
Councilmember Edson stated that he would support this acquisition if tax
increment funds and the Schmidt Lake Road/I-494 interchange were not the
reason for funding. He asked about the timeframe for development of the fields.
Park Director Blank stated the Youth Sports Facility Committee will make a
recommendation to the Park and Recreation Advisory Commission. The
Regular Council Meeting
September 5, 1995
Page 28
development of the fields is not currently included in the Capital Improvement
Program. It would be at least two years until the fields could be developed.
Mayor Tierney stated that this is a good location for additional ballfields and more
are needed in the northeast area of the City.
Councilmember Lymangood stated that this is an opportunity to expand this park
site. It is his understanding that by using tax increment financing funds for the
acquisition, it would not guarantee the construction of an interchange. It would
only defer that decision. The addition of four ballfields will help alleviate some of
the crowding on the east side of the City. The decision was previously made not
to extend Zachary Park and the ballfield crowding issue has not been addressed.
Councilmember Helliwell stated that although she supports the acquisition and use
for park purposes, she has serious concerns about the proposed interchange. She
would like the Council to address the issue of an interchange, rather than waiting
for a future Council to consider the issue.
Attorney Knutson clarified that the proposed resolution indicates that the City is
acquiring the property for an interchange, which is a tax increment financing
purpose, with interim use as a park. This is required if the City wishes to use tax
increment funds to purchase the parcel. He also noted that "interim use" is not
defined and could mean any length of time until the Council decides to end the use.
He stated that this acquisition action does not require the City to build an
interchange.
Manager Johnson stated that the City is facing many questions about tax increment
financing. The City's financial advisor has indicated that trying to escrow TIF
funds for 10-15 years in the future is also a problem. Staff would like to develop a
revised Tax Increment Plan by year-end prior to the legislative session.
Councilmember Helliwell suggested that the item be tabled to the next Council
meeting to get additional resident input.
Mayor Tierney did not favor tabling the issue. She said the Council has held a
great deal of discussion on the Ess property and should move forward.
Councilmember Lymangood stated that at some point in the future, the Schmidt
Lake Road/I-494 interchange will be addressed. If the interchange is approved,
the northern -most playfield could be lost. However, in the interim, the City gains
four additional needed ballfields. Public Works Director Moore stated that traffic
studies indicate the interchange will not be needed until 2010 or 2015.
Councilmember Helliwell stated that because of the interchange issue, she will not
support the motion. She is also concerned about safety issues if a future
Regular Council Meeting
September 5, 1995
Page 29
interchange went through a playfield site. She believes that an interchange will be
requested sooner than 2010.
Councilmember Anderson called the question. Motion carried, seven ayes.
Motion carried: Anderson, Wold, Lymangood, Granath, and Tierney ayes; Edson
and Helliwell nays.
ITEM 8-B SUBCOMMITTEE FOR DOWNTOWN PLYMOUTH
MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to
establish a Council Subcommittee on Downtown Plymouth comprised of
Councilmembers Anderson, Lymangood, Helliwell, Mayor Tierney, as well as
Planning Commission and staff representatives. Motion carried, seven ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to adjourn the meeting at 10:25 p.m. Motion carried, seven ayes.
Laurie F. Ahrens
City Clerk