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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