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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 Regular Council Meeting 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). Regular Council Meeting 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 Page 10 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. Regular Council Meeting December 5, 1994 Page 11 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