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