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HomeMy WebLinkAboutCity Council Minutes 09-19-1995MINUTES REGULAR COUNCIL MEETING SEPTEMBER 19, 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 19, 1995. PRESENT: Mayor Tierney; Councilmembers Edson, Anderson, Wold, Lymangood, Helliwell, and Granath. ABSENT: None. STAFF PRESENT: Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Park Director Blank, Personnel Coordinator Sobania, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 FORUM Ed Sieber, 11792 Dunhill Road, Eden Prairie, stated that he is a Realtor representing the Johnson Brothers Corporation. Johnson Brothers Corporation owns a parcel on Zachary Lane just north of the Plymouth/Minnetonka border that has been involved in discussions of open space acquisition. Mr. Sieber stated that he was contacted by Johnson Brothers to market their property in the spring of 1994. Subsequently, they received a letter from the Director of Parks and Recreation requesting that a biology and open space study be conducted on the parcel. Johnson Brothers consented to this study. Mr. Sieber stated that by early fall, he had negotiated four potential purchase agreements for the property. In January, 1995, this site was selected by the Open Space Committee as a potential site for acquisition by the City. In March, the City Attorney met with Johnson Brothers Corporation. Attorney Gary Fuchs stated that the City had no definite plan for acquisition, but stated that the City wanted to know about the wetlands so that a wetland delineation mark could be made. In June, Mr. Sieber met with Park Director Blank and indicated that the developers' interest had waned due to the possibility of going through a development at the same time as park acquisition was being considered by the City. Mr. Sieber stated that on August 18, the City's Attorney notified him that the City may be interested in acquisition of the wetland portion of the site, but had no interest in acquisition of the entire site. Mr. Sieber stated that Johnson Brothers is asking for the current status of the parcel, and whether the City intends on acquiring the site for open space. Park Director Blank stated that the City Attorney's office is in negotiations with Johnson Brothers Corporation. The City Attorney will be sending a written offer to Johnson Brothers within a week. He stated that the City is interested in Regular Council Meeting September 19, 1995 Page 2 acquiring the wetlands. There is an additional concrete fill area that may or may not be of interest to the City for acquisition. ITEM 4 PRESENTATIONS Public Works Director Moore announced that the phosphorus -free fertilizer sale will be held on September 23 in conjunction with the waste collection at the Public Works facility. He stated that St. Barnabas Church is also participating in the program and fertilizer is available at that site. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the agenda. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA Item 6-G was removed from the Consent Agenda and placed as Item 9-A. Item 6-D was removed from the Consent Agenda and placed as Item 9-B. Councilmember Edson noted a correction in the minutes of the August 15 Regular Meeting. The first paragraph should be amended to indicate that the meeting was called to order by Deputy Mayor Edson. The item remained on the Consent Agenda as corrected. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the Consent Agenda as amended. Motion carried, seven ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the minutes of the August 15 Special Council Meeting, the August 15 Regular Council Meeting as amended, the August 31 Special Council Meeting, the August 28 Special Council Meeting, and the September 12 Special Council Meeting. Motion carried, seven ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-537 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 8, 1995. Motion carried, seven ayes. Regular Council Meeting September 19, 1995 Page 3 ITEM 6-C ORDINANCE AMENDING CITY CODE TO REFERENCE CURRENT MINNESOTA STATUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 95-47 AN ORDINANCE AMENDING SECTION 100.07 OF THE PLYMOUTH CITY CODE CONCERNING OFFICIAL STATUTES, CODES, REGULATIONS AND ORDINANCES. Motion carried, seven ayes. ITEM 6-E APPROVE MIGHTY DUCKS ICE ARENA GRANT APPLICATION MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-538 AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO MAKE AN ICE ARENA GRANT APPLICATION. Motion carried, seven ayes. ITEM 6-F APPROVE STILLE SETTLEMENT MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-539 APPROVING SETTLEMENT AGREEMENT, JAMES STILLE, ET AL, VS. CITY OF PLYMOUTH. Motion carried, seven ayes. ITEM 6-H AWARD CONTRACT FOR TRAIL CONSTRUCTION, PROTECT NO. 417 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-540 AWARDING BID, 1995 TRAIL IMPROVEMENTS, CITY PROJECT NO. 417. Motion carried, seven ayes. ITEM 6-I APPROVE CIGARETTE LICENSE FOR ITALIANNI'S. 220 CARLSON PARKWAY MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-541 APPROVING CIGARETTE LICENSE FOR TGI FRIDAY'S OF MINNESOTA, INCORPORATED, D/B/A ITALIANNI'S, 220 CARLSON PARKWAY NORTH. Motion carried, seven ayes. Regular Council Meeting September 19, 1995 Page 4 ITEM 61 PROCLAMATION OF CITIES WEEK MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-542 PROCLAIMING OCTOBER 1 TO 7 AS CITIES WEEK. Motion carried, seven ayes. ITEM 6-K DEVELOPMENT CONTRACT FINANCIAL GUARANTEE REDUCTIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-543 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 4TH ADDITION (95001). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-544 REDUCING REQUIRED FINANCIAL GUARANTEE, HARRISON PLACE ON BASS CREEK ADDITION (94051). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-545 REDUCING REQUIRED FINANCIAL GUARANTEE, FERNBROOK WOODS 2ND ADDITION 94018). Motion carried, seven ayes. ITEM 6-L AUTHORIZE INSTALLATION OF NO PARKING SIGNS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-546 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON XENIUM LANE BETWEEN VINEWOOD LANE AND XENIUM SOUTH OF COUNTY ROAD 9, CITY PROJECT NO. 214. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-547 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON SCH IDT LAKE ROAD BETWEEN VICKSBURG LANE AND THE SOO LINE RAILROAD TRACKS, CITY PROJECT NO. 316. Motion carried, seven ayes. Regular Council Meeting September 19, 1995 Page 5 ITEM 6-M APPROVE PLANS AND ADVERTISE FOR BIDS FOR WEST MEDICINE LAKE PARK. PROTECT NO. 330 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-548 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, WEST MEDICINE LAKE PARK IMPROVEMENTS -- PHASE 1, CITY PROJECT NO. 330. Motion carried, seven ayes. ITEM 6-N CHANGE ORDER NO, 1, WEST BRANCH 3RD ADDITION IMPROVEMENTS, PROTECT NO, 415 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-549 APPROVING CHANGE ORDER NO. 1, WEST BRANCH 3RD ADDITION, PROJECT NO. 415. Motion carried, seven ayes. ITEM 6-O U -S HOME CORPORATION. PUD FINAL PLAT FOR WESTBRANCH 5TH ADDITION. (95095) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-550 APPROVING RPUD FINAL PLAT FOR U -S HOME CORPORATION FOR PROPERTY LOCATED AT THE SOUTH END OF COMSTOCK LANE NORTH CUL-DE-SAC LYING SOUTH OF 39TH AVENUE NORTH (95095). Motion carred, seven ayes. ITEM 6-P RELEASE OF SITE IMPROV HENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-551 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CALIBER DEVELOPMENT CORPORATION/PARKERS LAKE POINT WEST 94020). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-552 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, LUNDGREN BROTHERS CONSTRUCTION/HEATHER PONDS PARK (94016). Motion carried, seven ayes. Regular Council Meeting September 19, 1995 Page 6 ITEM 6-0 TREE PRESERVATION GUARANTEE RELEASES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-553 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, CARLSON CENTER 12TH ADDITION (94088). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-554 RELEASING SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION, CELLULAR ONE (95046). Motion carried, seven ayes. ITEM 7-A APPLICATION OF COUNTRY KITCHEN FOR WINE AND ON - SALE 3.2 LIQUOR LICENSES Mayor Tierney opened the public hearing at 7:25 p.m. on the application of Country Kitchen of Plymouth, Incorporated, for wine and on -sale 3.2 liquor licenses at 200 Carlson Parkway. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-555 APPROVING ON -SALE 3.2 LIQUOR LICENSE AND WINE LICENSE FOR COUNTRY KITCHEN OF PLYMOUTH, INCORPORATED. Motion carried, seven ayes. ITEM 8-A APPROVE OPEN SPACE ACQUISITION -- OLSON SITE Mayor Tierney stated that at the September 5 Council Meeting, the Council tabled action on the acquisition of the Olson property at 5315 Peony Lane, for open space in order to receive further information from staff. The motion that was tabled was to change from 15 to 25 years the use restriction in the purchase agreement of the Olson parcel, and to direct the Open Space Subcommittee to investigate alternatives for more permanent protections including long-term management of the site. Councilmember Wold asked Park Director Blank if the proposed purchase agreement with the owner is still at 15 years. Director Blank stated yes. City Attorney Knutson explained that typically when the City purchases property for open space or parks, there are no restrictions on the use. It is the Council's agreement with the citizenry how the property will be used; not an agreement with a third party. He stated that in this case, 15 years of restricted Regular Council Meeting September 19, 1995 Page 7 use was agreed to with the property owner, and there seems to be little reason to extend that time period. He stated that after that period of time, the third party may or may not live in Plymouth, or descendants of the third party may be unknown. Councilmember Lymangood stated that based on the recommendation of the City Attorney, he supports the staff's original recommendation for acquisition of this open space and the 15 year restricted use purchase agreement terms originally negotiated. Councilmember Lymangood withdrew his motion. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 95-556 APPROVING PURCHASE AGREEMENTS FOR THE ACQUISITION OF THE OLSON PROPERTY, under the terms as originally proposed with a 15 -year restricted use clause. Councilmember Lymangood explained that the proposed purchase agreement is an agreement with the original property owner. He believes the City should purchase the property and questions of use should be addressed by the Open Space Subcommittee. He stated that the Open Space Subcommittee will address issues of management, preservation, and use, and the City should not be tied to the heirs of the current owners. Councilmember Helliwell stated that she believes all of the parcels acquired for open space should be treated in the same way. She concurs that the restricted use term should remain at 15 years as originally recommended and that the Open Space Subcommittee should make a recommendation on issues of management, preservation, and use of all open space sites. Motion carried, seven ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to designate that the Olson property will always be dedicated for park purposes. Attorney Knutson expressed concern with the proposed motion. He stated that the law in Minnesota is not well developed; however, there is some body of law that says that such a motion could be interpreted as a dedication by the Council to that use. It is possible that over 100 years from now, the City could do nothing with the property because of such a motion. Regular Council Meeting September 19, 1995 Page 8 Councilmember Lymangood again stated the issue should be referred to the Open Space Subcommittee. Councilmember Wold commended the intent of the motion, however he will not support any motion related to use until the Open Space Subcommittee provides a recommendation. Councilmember Edson stated that the Open Space Subcommittee should have an opportunity to address the issue prior to Council action. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to table the issue until the City Attorney and the Open Space Subcommittee provide a recommendation. Motion carried, seven ayes. Councilmember Lymangood stated that he is a member of the Open Space Subcommittee. He invited Councilmember Helliwell to attend the meetings to discuss the use issue. ITEM 9-A ADDITION TO PERSONNEL POLICY RELATED TO VACATION/ANNUAL LEAVE DONATION MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood, to adopt RESOLUTION 95-557 APPROVING AN AMENDMENT TO THE PERSONNEL POLICY PROVIDING FOR VACATION/ANNUAL LEAVE DONATION. Motion carried, seven ayes. Councilmember Wold expressed concern that this policy did not come before the Council for consideration in a timely manner. He stated that the policy was initiated in response to a particular employee who depleted their annual leave during a disability. He stated that the affected employee was in a difficult situation, and he had requested that the City Manager expedite consideration of the proposed policy. Personnel Coordinator Sobania stated that she had been holding the proposed policy for approximately a month with the understanding that it would be retroactive. She stated that the concept of donating annual leave/vacation leave was discussed with senior staff, and then a proposed policy was drafted. The proposed policy was reviewed by the City Attorney and by each of the City's bargaining units. She was not aware that there was a concern about the time line. Regular Council Meeting September 19, 1995 Page 9 Councilmember Wold requested that the City Manager provide a memo outlining all significant dates relating to the development and review of the proposed policy. ITEM 9-B SET HEARINGS TO CONSIDER LIQUOR LAW VIOLATIONS Councilmember Lymangood stated that staff had recommended that three hearings be conducted at separate council meetings to consider liquor law violations. He suggested that two of the hearings be combined at one meeting. Public Safety Director Gerdes explained that separate hearing dates were recommended in order to not overload the Council's regular meeting agenda, but there is no problem with amending the dates. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 95-558 ESTABLISHING A HEARING TO CONSIDER THE SUSPENSION, REVOCATION, OR OTHER ACTION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE ISSUED TO DEE'S LIQUOR, INCORPORATED, 4000 ANNAPOLIS LANE, setting the hearing for October 24. Motion carried, six ayes; Tierney nay. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 95-559 ESTABLISHING A HEARING TO CONSIDER THE SUSPENSION, REVOCATION, OR OTHER ACTION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE ISSUED TO GAULRAPP'S LIQUOR, INCORPORATED, 3435 NORTH HIGHWAY 169, setting the hearing for November 14. Motion carried, six ayes; Tierney nay. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 95-560 ESTABLISHING A HEARING TO CONSIDER THE SUSPENSION, REVOCATION, OR OTHER ACTION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE ISSUED TO ASHBECK-GUTH, INCORPORATED, D/B/A COLONY LIQUOR, 15705 35TH AVENUE NORTH, setting the hearing for November 14. Motion carried, six ayes; Tierney nay. MOTION was made by Councilmember Anderson, seconded by Councilmember Granath, to adjourn at 7:50 p.m. Motion carried, seven ayes. t L rie F. Ahrens City Clerk