HomeMy WebLinkAboutCity Council Minutes 12-05-1994MINUTES
REGULAR COUNCIL MEETING
DECEMBER 5, 1994
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
December 5, 1994.
PRESENT: Mayor Tierney; Councilmembers Edson, Anderson, Lymangood, Helliwell,
and Granath.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community
Development Director Hurlburt, Public Safety Director Gerdes, Park Director Blank,
Finance Director Hahn, Police Officer Forslund, Personnel Coordinator Sobania, Attorney
Barnard, and City Clerk Ahrens.
ITEM 3-A FORUM - EROSION CONTROL
Tom Jes, 5055 Evergreen Lane, presented concerns about enforcement of the
City's Erosion Control Policy. He said that at the last Planning Commission
meeting, Commissioner Black stated that she had randomly visited six construction
sites to see how well the City had enforced the Erosion Control Policy. All six
sites had violations. He said that the Council should not reduce development
bonds until a full inspection is done.
Public Works Director Moore stated staff is in the process of reviewing the
Erosion Control Policy. Work has been done to increase compliance, but
additional efforts may be possible through a policy amendment.
Manager Johnson said that the current warning letters and $100 fines as provided
in the policy are possibly not enough of a deterrent. He said that there may be a
way to amend the policy in order to issue "stop work" orders on building permits
when violations exist.
Councilmember Helliwell said that erosion control barriers are often not
adequately installed to withstand rain and severe weather. There should be
guidelines for installation.
Regular Council Meeting
December 5, 1994
Page 2
ITEM 4-A PRESENTATION BY COMMUNITIES IN COLLABORATION
COUNCIL
Polly Sonifer presented information on the efforts of the Communities in
Collaboration Council to improve the living environment for youth. She said that
eight cities are part of the Collaboration Council. She asked that the City consider
a contribution to the group or consider joining in a fundraising effort through sale
of phosphorous -free fertilizer.
Councilmember Helliwell asked if other school districts are included.
Ms. Sonifer said that the Collaboration Council members are from the District 284
service area; however, there are other Collaboration Councils formed elsewhere.
Mayor Tierney stated that the City has already agreed to support the efforts
relating to phosphorous -free fertilizer.
ITEM 4-B PRESENTATION - NATIONAL NIGHT OUT
Police Officer Karen Forslund presented Mayor Tierney with an award received
from the National Association of Town Watch. Plymouth ranked in the top 10 for
its National Night Out event on August 2.
ITEM 5 APPROVE AGENDA
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to approve the agenda.
Motion carried, six ayes.
ITEM 6 CONSENT AGENDA
Item 6-G was removed from the Consent Agenda.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt the Consent Agenda as amended.
Motion carried, six ayes.
Regular Council Meeting
December 5, 1994
Page 3
ITEM 6-A APPROVE DISBURSEMENTS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-776 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING NOVEMBER 23, 1994.
Motion carried, six ayes.
ITEM 6-B EXEMPTION FROM GAMBLING LICENSES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-777 FINDING NO OBJECTION TO
LAWFUL GAMBLING EXEMPTION FOR PILGRIM LANE
ELEMENTARY PTO AND OAK -WOOD ELEMENTARY SCHOOL PTO.
Motion carried, six ayes.
ITEM 6-C CHANGING REGULAR COUNCIL MEETINGS TO TUESDAYS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt ORDINANCE 94-23 AMENDING THE CITY CODE BY
CHANGING REGULAR COUNCIL MEETINGS TO TUESDAYS.
Motion carried, six ayes.
ITEM 6-D ADDING TOPICS TO DECEMBER 12 COUNCIL AGENDA
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-778 ADDING TOPICS TO DECEMBER
12 COUNCIL AGENDA.
Motion carried, six ayes.
ITEM 6-E ABINGDON DEVELOPMENT CORP. RPUD FINAL PLAT/PLAN
94050
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-779 APPROVING RPUD FINAL PLAT
AND DEVELOPMENT CONTRACT FOR ABINGDON DEVELOPMENT
CORPORATION FOR PROPERTY LOCATED AT 4005 COUNTY ROAD
101 (94050) (RPUD 94-1).
Motion carried, six ayes.
Regular Council Meeting
December 5, 1994
Page 4
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-780 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR
ABINGDON DEVELOPMENT CORPORATION FOR PROPERTY
LOCATED AT 4005 COUNTY ROAD 101 (94050) (RPUD 94-1).
Motion carried, six ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-781 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 504, SANITARY SEWER AND WATERMAIN AREA -
ORCHARDS OF PLYMOUTH.
Motion carried, six ayes.
ITEM 6-F REDUCTION OF SITE IMPROVEMENT PERFORMANCE
GUARANTEES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-782 APPROVING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR BILL HICKS COMPANY
BUILDING FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF 23RD AVENUE NORTH AND NIAGARA LANE NORTH
93139).
Motion carried, six ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-783 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR CALIBER DEVELOPMENT
CORPORATION FOR PROPERTY LOCATED AT 15200 25TH AVENUE
NORTH (94020).
Motion carried, six ayes.
ITEM 6-H PAYMENT NO. 9 AND FINAL, PROJECT 106
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-784 REQUEST FOR PAYMENT NO. 9
AND FINAL, NORTHWEST BOULEVARD FROM 55TH AVENUE TO
56TH AVENUE, CITY PROJECT NO. 106 - PHASE I.
Motion carried, six ayes.
Regular Council Meeting
December 5, 1994
Page 5
ITEM 6-I PAYMENT NO. 7 AND FINAL, WELL NO. 11, PROJECT 909
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-785 REQUEST FOR PAYMENT NO. 7
AND FINAL, DEEP WELL NO. 11 - PUMPING FACILITIES, CITY
PROJECT NO. 909.
Motion carried, six ayes.
ITEM 6-J ORDER PRELIlMNARY ENGINEERING REPORT FOR SANITARY
SEWER SERVICE TO DISTRICT NW -19
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-786 ORDER PREPARATION OF
PRELIMINARY REPORT, NORTHWEST TRUNK SANITARY SEWER,
CITY PROJECT NO. 503.
Motion carried, six ayes.
ITEM 6-K ORDER TRAFFIC/ALIGNMENT STUDY FOR PEONY LANE
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-787 AUTHORIZING PREPARATION
OF ALIGNMENT STUDY/TRAFFIC PROJECTIONS, PEONY LANE
FROM HIGHWAY 55 TO NORTH CITY LIMITS, CITY PROJECT NO.
502.
Motion carried, six ayes.
ITEM 6-L AMEND ANIMAL ORDINANCE FOR DOG LICENSES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt ORDINANCE 94-24 ORDINANCE AMENDING
PLYMOUTH CITY CODE SUBSECTIONS 915.05 AND 1010.01
REGARDING DOG LICENSING.
Motion carried, six ayes.
Regular Council Meeting
December 5, 1994
Page 6
ITEM 6-M CITY ATTORNEY - APPROVE LEGAL SERVICES AGREEMENT
WITH CAMPBELL, KNUTSON, SCOTT & FUCHS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-788 APPROVING LEGAL SERVICES
AGREEMENT BETWEEN THE CITY AND THE FIRM OF CAMPBELL,
KNUTSON, SCOTT, AND FUCHS, P.A.
Motion carried, six ayes.
ITEM 6-N APPOINT SNOWMOBILE TASK FORCE AND COMMITTEES
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to appoint the following individuals to the snowmobile task force and lake
committees:
SNOWMOBILE TASK FORCE
Robert Morris representing snowmobiles at -large
Randy Haugland representing Northwest Trails
Bob Nygaard representing Polaris
Robert Mueller representing those concerned with negative impacts
Vacant representing those concerned with negative impacts
Eric Blank/Mark Peterson Staff - Park & Recreation
Lt. John Ward
PARKERS LAKE COMMITTEE
Marsha Videen
Cary Smith
Randy Haugland
Eric Blank/Mark Peterson
Lt. John Ward
SCHMMT LAKE COMMITTEE
Dale Wahlstrom
Phil Carlin
Randy Haugland
Eric Blank/Mark Peterson
Lt. John Ward
Staff - Public Safety
representing homeowners association
representing snowmobilers
representing Northwest Trails
Staff- Park & Recreation
Staff - Public Safety
representing homeowners association
representing snowmobilers
representing Northwest Trails
Staff- Park & Recreation
Staff - Public Safety
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December 5, 1994
Page 7
Councilmember Edson has volunteered to assist with both lake committees as
needed.
Motion carried, six ayes.
ITEM 7-A-1 VACATION OF TRAIL EASEMENT WITHIN LOT 2, BLOCK 1
NORTHWEST BUSINESS CAMPUS 9TH ADDITION
Public Works Director Moore presented the staff report on the request for
vacation of trail easement within Lot 2, Block 1, Northwest Business Campus 9th
Addition.
Mayor Tierney opened public hearing at 7:28 p.m. No one appeared, and the
hearing was closed.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-789 AUTHORIZING THE
VACATION OF A PORTION OF A TRAIL EASEMENT IN NORTHWEST
BUSINESS CAMPUS 9TH ADDITION.
Motion carried, six ayes.
ITEM 7-A-2 VACATION OF WEST MEDICINE LAKE DRIVE ADJACENT TO
OUTLOT B, BASS LAKE TERRACE 2ND ADDITION
Public Works Director Moore presented the staff report on the request for
vacation of public right-of-way of West Medicine Lake Drive adjacent to Outlet B,
Bass Lake Terrace 2nd Addition.
Mayor Tierney opened the public hearing at 7:29 p.m. No one appeared, and the
hearing was closed.
MOTION was made by CouncHmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-790 AUTHORIZING THE
VACATION OF A PORTION OF MEDICINE LAKE DRIVE WEST
RIGHT-OF-WAY IN BASS LAKE TERRACE ADDITION.
Motion carried, six ayes.
Regular Council Meeting
December 5, 1994
Page 8
ITEM 7-B 1995 BUDGETS AND PAYABLE 1995 TAX LEVIES
Manager Johnson reported that the City of Plymouth Truth in Taxation hearing
was held on November 30. The proposed tax levy would be reduced from 16.67
to 15.84 resulting in no change in city taxes for the average valued Plymouth
home.
Mayor Tierney opened the budget adoption hearing on the proposed 1995 budgets
and tax levies at 7:33 p.m. No one appeared, and the hearing was closed.
ITEM 8 -AA (6-G) DEVELOPMENT CONTRACT BOND REDUCTIONS
Tom Jes, 5055 Evergreen Lane North, suggested that any reductions for
improvements related to erosion should be withheld on the proposed development
contract bond reductions until a full inspection is conducted to ensure there are no
violations of the erosion control policy. He had no specific information as to
whether any violations currently exist on any of the proposed developments.
Councilmember Lymangood agreed that erosion problems need to be addressed
through review and possible amendment to the erosion control policy. He said
that since there is no specific knowledge of whether any violations exist on these
developments, he will vote in favor of the requested reductions. He requested that
residents call the City when they are aware of violations.
Councilmember Edson stated that these items proposed for contract bond
reductions are unrelated to erosion, with the exception of a portion of one
development. He would support review of the erosion control policy for future
applications.
City Attorney Barnard explained that each development contract specifies a certain
guarantee amount for certain types of improvements. If a particular improvement
is completed, the guarantee should be reduced in a like amount.
Councilmember Granath appreciated Mr. Jes' efforts, but stated that specific
violations are needed in order to withhold a portion of the guarantee.
Director Moore responded to a Council question that the developer is required to
have their consultant certify that any completed work is done in accordance with
the approved plans.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-791 REDUCING DEVELOPMENT
BOND, SUGAR HILLS ADDITION (92056).
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December 5, 1994
Page 9
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-792 REDUCING DEVELOPMENT
BOND, CHURCHILL FARMS 5TH ADDITION (93005).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-793 REDUCING DEVELOPMENT
BOND, SWAN LAKE SOUTH ADDITION (92112).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-794 REDUCING DEVELOPMENT
BOND, FORSTER PRESERVE ADDITION (92090).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-795 REDUCING DEVELOPMENT
BOND, THE PONDS AT BASS CREEK ADDITION (93106).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-796 REDUCING DEVELOPMENT
BOND, CAVAN MEADOWS ADDITION (93062).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-797 REDUCING DEVELOPMENT
BOND, KIMBERLY WOODS ADDITION (93018).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-798 REDUCING DEVELOPMENT
BOND, PARKERS LAKE NORTH STH ADDITION (92071).
Motion carried, six ayes.
Regular Council Meeting
December 5, 1994
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MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-799 REDUCING DEVELOPMENT
BOND, PARKERS LAKE NORTH 9TH ADDITION (93067).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-800 REDUCING DEVELOPMENT
BOND, PARKERS LAKE NORTH 10TH ADDITION (93067).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-801 REDUCING DEVELOPMENT
BOND, PARKERS LAKE NORTH 2ND ADDITION (93067),
SHENANDOAH LANE EXTENSION.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-802 REDUCING DEVELOPMENT
BOND, EAGLEWOOD ADDITION (92110).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-803 REDUCING DEVELOPMENT
BOND, GOLF VIEW ESTATES ADDITION (91047).
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-804 REDUCING DEVELOPMENT
BOND, DEER POND ADDITION (89106).
Motion carried, six ayes.
ITEM 8-A ADOPT 1995 BUDGETS, LEVIES AND TRANSFERS
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-805 ADOPTING 1995 BUDGETS.
Motion carried, six ayes.
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December 5, 1994
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MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-806 PROPERTY TAX LEVIES FOR
TAXES PAYABLE IN 1995.
Motion carried, six ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-807 TRANSFERRING FUNDS FROM
GENERAL FUND TO GENERAL DEBT SERVICE FUND.
Motion carried, six ayes.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-808 TRANSFERRING FUNDS FROM
POLICE STATE AID FUND TO GENERAL DEBT SERVICE FUND.
Motion carried, six ayes.
ITEM 8-B 1995 COMPENSATION AND CLASSIFICATION PLAN
Manager Johnson presented the 1995 Compensation and Classification Plan.
Councilmember Granath asked if comparisons are made for like positions with the
private sector.
Personnel Coordinator Sobania stated there is very little comparison to the private
sector. DCA Stanton does a thorough survey of public sector salaries each year
and recormnends not attempting to compare with the private sector. Many
positions do not have parallel positions in the private sector.
Manager Johnson stated that cities have some influences on pay systems that
private sectors do not have, such as pay equity.
MOTION was made by Councilmember Anderson, seconded by Councilmember
Edson, to adopt RESOLUTION 94-809 APPROVING THE 1995
CLASSIFICATION AND COMPENSATION IMPLEMENTATION PLAN.
Motion carried, six ayes.
ITEM 8-C ADOPT REVISED RECYCLING SERVICE FEE
Public Works Director Moore presented the staff report on the recycling services
fee. The budget proposed for the 1995 Recycling Program was based on receiving
Regular Council Meeting
December 5, 1994
Page 12
a reduced level of funding from Hennepin County, and a recycling services fee
increase from $1 to $2 per household per month. This will provide adequate
funding to continue the current curbside recycling services to all Plymouth single
family through 8-plex units, and the drop-off facility and yard waste site will
continue at the same level of service.
Councilmember Helliwell explained that the City had reduced funding from the
County because hauler tip fees were reduced. A portion of the tip fees was used
for local recycling efforts.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to adopt RESOLUTION 94-810 ESTABLISHING A NEW
RECYCLING SERVICES FEE.
Motion carried, six ayes.
ITEM 8-1) APPOINT WARD 2 COUNCILMEMBER TO FILL VACANCY
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Granath, to adopt RESOLUTION 94-811 APPOINTING TIM WOLD TO
FILL THE VACANT WARD 2 CITY COUNCIL SEAT.
Motion carried: Lymangood, Helliwell, Granath, and Tierney ayes; Anderson and
Edson nays.
ITEM 9-A WATER QUALITY COMMITTEE RECOMMENDATIONS TO
REVISE MISSION STATEMENT
Manager Johnson reported that the Water Quality Committee has recommended
revisions to its mission statement. The City Council has also recently approved
establishment of a Water Quality Task Force. He recommended that consideration
of a new mission statement for the Water Quality Committee be tabled until the
proposed work plan is received.
Councilmember Lymangood stated he believes that the Council needs to consider a
sunset on some City boards and commissions. He expressed concern that the
Water Quality Committee has not identified specific environmental issues that are
problems in Plymouth. He suggested that the Water Quality Committee include in
its work plan specific environmental issues and sunset of the committee.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to table the mission statement proposed by the Water Quality
Committee until a work plan is submitted that is to include specific environmental
issues and sunset of the Committee.
Regular Council Meeting
December 5, 1994
Page 13
Motion carried, six ayes.
ITEM 9-B RECEIVE REPORT ON BOARDS AND COMMISSIONS
VACANCIES
City Clerk Ahrens presented a status report on the receipt of applications for board
and commission vacancies.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to appoint a Subcommittee of four members (Mayor Tierney; and
Councilmembers Edson, Wold, and Helliwell) to conduct interviews for board and
commission vacancies.
Motion carried, six ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to extend the deadline for receipt of applications until 4:30 p.m. on
December 21, and to direct the Subcommittee to recommend whether there are
any committees/commissions that should be discontinued by the end of 1994.
Motion carried, six ayes.
The meeting was adjourned at 8:10 p.m.
Laurie F. Ahrens
City Clerk