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HomeMy WebLinkAboutCity Council Packet 02-06-2001 SpecialAgenda City of Plymouth Special City Council Meeting Tuesday, February 6, 2001 7:00 p.m. City Council Chambers 1. Call to Order. 2. Discuss the Organizational Structure of the Fire Department. 3. Consider possible Zoning Ordinance amendments relating to fencing. Requested by Councilmember Hewitt 4. Consider Plymouth history book for 50th anniversary on May 18, 2005. Requested by Mayor Tierney 5. Review future study sessions topic list. 6. Quarterly check-in with City Manager. 7. Adjourn. a DATE: February 1, 2001 TO: Mayor and City Council FROM: Dwight Johnson, City Manager Craig Gerdes, Public Safety Director Rick Kline, Fire Chief SUBJECT: Fire Department- City Organizational Structure Background. At the Council study session of December 19, 2000 on the Fire Department Task Force report on staffing, the question was raised as to whether or not the Fire Department should become a fully independent department of City government reporting directly to the City Manager. The City Manager proposed that staff report back on the issue by February 2 d. The Council agreed and established February 6t` as a special council meeting date to consider the issue. History. The current Public Safety Department structure, consisting of Fire and Police divisions reporting to a Public Safety Director, was created in 1981. Prior to that time, the Fire and Police divisions were separate departments. Fire and Police personnel who were with the City at that time indicate several related reasons for the change. The Council and the City Manager at that time seemed to feel that the Fire Department needed more direction and management. Also, the two departments did not get along well at that time operationally and felt competitive in an unhealthy way for budget dollars. There was concern that the Fire Department would effectively go on strike and refuse to answer calls (fire personnel stated this concern was not justified). Several Fire Department members ran for Council, but were defeated. It was thought that attaching the Fire Department to a well established part of the City structure would help solve these issues. By all accounts, the relationship with the Fire Department did improve over the years and the Fire Department gradually increased its programs and training, particularly since Chief Kline was hire in 1992. The Public Safety Department model succeeded in many ways when the Fire Department was smaller, less complex, and lacked full time management. The issue for now is what structure will serve us best in the next 10-20 years. Meetings with Fire and Police department personnel. During the last few weeks, meetings were held with the top officers in each department, as well as the Police Department's resolution team which happened to have a meeting scheduled in this time period. Fire Department top officers were in agreement that the Fire Department should become a separate department. They have some concern that a Public Safety Director who must also double as the day to day Chief of Police is necessarily drawn more to issues and problems of the Police department. They appreciate that we currently have a Public Safety Director who is well trained and experienced in fire department matters, but note that this is somewhat unlikely to continue when the current Director retires in a few years. They also believe that, even in ideal circumstances, some communication in the organization, both vertically and horizontally, is inevitably lost. Police and Fire personnel agree that the two divisions get along very well now and cooperate well. Police personnel generally did not take a position either in favor of or opposed to a change. They tended to ask more questions about how the details would work out. One significant question related to who would coordinate natural disaster situations or other community -wide emergencies. The City Manager can designate an Emergency Operations Manager to help coordinate scenes such as our recent train derailment, where many outside agencies and the news media showed up. In this case, the City Manager would appoint Chief Gerdes as the Emergency Operations Manager, which means that he would be in charge of coordinating any large scale disaster scene. Another question was whether there would be any substantial change in who answers medical calls. We believe that the answers to service questions such as this are independent of the structure question. Both Police and Fire personnel observed that both departments are much larger and more complex than they were 20 years ago, perhaps making it more difficult for one person to manage both. One option would be to have a separate Police Chief and Fire Chief with a Public Safety Director, but no one thought that this option was justified at this time. Questions about the impact on shared personnel, office space arrangements, and shared equipment also carne up in both police and fire meetings, but no one felt that there would be any unusual problems in these areas if the departments are separated organizationally. Service Implications. Neither we nor the police and fire personnel to whom we have talked believe that there would be any short term noticeable increase or decrease in the capabilities or operations of either department as a result of a change in structure. However, some members of the Fire Department believe that communication and information flow would be improved, that the Fire Department would be better integrated into the City's overall operations, and that the Fire Department would benefit from having a Fire Chief who has the relatively independent judgment and freedom to act that other Department Directors in the City have. As a result, some members of the Fire Department believe that the department could implement new ideas and innovations more easily. Impact on Administration Department/City Manager. The City Manager currently has seven direct reports; the possible change in structure would make eight. The change from 7 to 8 will probably have a noticeable, but relatively minor impact on the Manager's performance, probably less than 5%. The City Manager believes that this impact is acceptable. A medium or longer term impact might be to hasten the day when a new staff member is needed in the Administration Department, which has seen no increase in total personnel in at least eight years. Cost Considerations. No immediate or automatic cost increase is anticipated as a result of a change in structure. The Fire Chiefs salary is currently close to the mid-range for a Department Director. Future increases in pay for Department Directors are based upon merit, market pay, and seniority, with no fixed formula. No pay change for the Police Chief is contemplated, since he will still be a Department Director of a major department of the City. Since no immediate changes in equipment needs or personnel assignments have been identified, there should be little or no immediate cost impact. Longer term, a portion of a staff person in Administration could be attributable to the change, but this will depend on a number of other factors as well. Also, since the Public Safety Education Specialist is working increasingly on Fire issues in the last few years, the need for an additional civilian staff member in Police may be accelerated. Survey of other cities. Staff surveyed other cities of similar population in the metropolitan area regarding their organizational structure. Some of the key results are summarized in the attached table. Seventeen other cities responded. Plymouth is the largest City to have a Public Safety Department structure. Five of the 17 cities responding also have a Public Safety Department, while nine have separate police and fire departments. Three have some other combination of services. In 11 cities, the Fire Department reports directly to the City Manager or Administrator. Cities that moved toward a Public Safety Department concept reported some of the same reasons that Plymouth had in the 1980's: the need for improved management and coordination. The survey also shows that Plymouth is on the low end for the number of paid on call firefighters, especially among the larger cities. Six departments refer to themselves as "paid on call" departments while seven call themselves "combined" departments. Two departments said they were "volunteer departments" and one city contracts for service. One department is full time (Burnsville). The survey shows that the City Manager/Administrator has a median of 7 direct reports and an average of 8, with the range extending from 5 to 14. The Plymouth Manager currently has 7 direct reports and would have eight if the Fire Department becomes an independent department. Procedure to Change. If the Council wishes to implement a change in structure, the City Attorney should be requested to draw up an ordinance amendment relating to section 310 of the City Code which provides for a Public Safety Department and a Public Safety Director. Staff and the City Attorney would also review other related sections for consistency. Minor amendments to the City's personnel classification resolutions may also be required. Summary of Pros and Cons. The following is a summary of the pros and cons of changing the City's organizational structure by creating an independent Fire Department: Pros: Chief Gerdes will be able to devote his whole attention to the police department. The Police Department will benefit from the extra time and attention of the Chief. The Fire Department will have more access to citywide information and resources. The City Manager and City Council will have more ongoing information and understanding about Fire Department issues and concerns. The Fire Department will have more 11-1dependence and responsibility in everyday administrative matters. This change might be likely to occur in a few years anyway with the retirement of Craig Gerdes, so a change now would allow the two current chiefs to model and help assure the continuation of a good operating relationship for the long run. Cons: The City Manager will have another direct report which could occasionally delay his attention to other matters. The reorganization could hasten, but not by itself cause, the need for another staff person in either Police and/or Administration in the next several years. The Fire Chief will need to carry out some new responsibilities as a Department Director. Recommendations. The survey of other cities and our own experience indicates that cities often change structure to fit the personnel. Cities that have changed to a Public Safety Department, including Plymouth in the past, seem to have done so to try to solve some real or perceived problem with the management or operation of the Fire Department. In our case, the Public Safety Director hired an outstanding Fire Chief in 1992 who has made many positive changes in the Fire Department. The reasons for a Public Safety Department 20 years ago are absent today. The Fire Department seems ready and capable of operating on its own as a department. There will be benefits for both Chiefs as well as both departments that outweigh the incremental burden to Administration. Chief Gerdes, Chief Kline and the City Manager all recommend establishing the Fire Department as a new, independent department reporting to the City Manager. Fire Department Structure January, 2001 City Population Type of Dept Full time Paid on call Mgr/Adm Fire Chief ' Inspections PS or CM direct Change in employees employees Form reports to reports to FCIPC reports last 5 yrs Bloomington 87,370 volunteer 2 office 152 Mgr CM CD FC/PC 9 No Brooklyn Park 62,499 combined 7 85 Mgr I CM Fire FCIPC No Plymouth 61,620 paid on call 3 63 Mgr Dir PS CD Public Safety 7 No Burnsville 57,578 full time 46 0 Mgr Dep CM Fire FCIPC 7 No Minnetonka 52,176 combined 6 85 Mgr CM Fire Public Safety 9 Yes Eden Prairie 49,287 paid on call 0 75 Mgr Dir PS CD Public Safety 5 Yes__ Maple Grove 46,181 combined 4 100 Adm CA CD FCIPC 14 No West Metro* 45,309 combined 5 70 Board Board Fire NA NA Yes Lakeville 37,303 paid on call 0 80 Adm CA Fire FCIPC 12 No Woodbury 35,720 combined 3 74 Adm Dir PS Fire Public Safety 7 Yes Roseville 34,194 paid on call 1 84 Mgr CM CD FCIPC 8 No Cottage Grove 30,094 combined 3 60 Adm Dir PS Fire Public Safety No Brooklyn Center 28,515 volunteer 1 40 Mgr CM Fire FCIPC No Inver Grove Hgts 27,917 paid on call 0 43 Adm CA Pub Safety FC/Pub Saf 7 No White Bear Lake 25,744 combined 3 55 Mgr CM Fire FCIPC 7 No Oakdale 25,419 contract 1 50 Adm CA Fire FCIPC No Andover 22,369 paid on call 1 47 Adm CA Fire No Police 7 No Golden Valley 20,986 paid on call 4 50 Mgr Dir PS Fire Public Safety 5 No Total or average 6 paid on call 71 average 9 mgr 11 CM/CA 12 fire 9 FCIPC 8 ave. 4 yes New Hope and Crystal 7 combined 8 adm 6 other 4 cd 5 PS 2 volunteer 1 ps 3 other 1 full time 1 contract--- Agenda Number: TO: Dwight Johnson, City Manager FROM: Anne Hurlburt, Community Development Director SUBJECT: Possible Zoning Ordinance Amendments Relating to Fencing requested by Councilmember Hewitt) DATE: January 30, 2001 for the City Council Meeting of February 6, 2001 1. ACTION REQUESTED Councilmember Sandy Hewitt has requested that the City Council determine whether or not staff and the Planning Commission should be directed to review the Zoning Ordinance requirements relating to fencing. Her request came after the Council considered a request for a fence exceeding three feet in height on a corner lot (Aho, File # 20180) at the January 23 City Council meeting. If the Council decides to order consideration of amendments, some direction should be given as to the scope of the amendments to be considered, as well as the timing and relative priority of the assignment. The Council may wish to limit the scope of the review to the recent issue of corner lots, or expand it to include other concerns such as the types of materials used for fences. If the Council determines that amendments are of high priority it could direct work on the issue to begin immediately. Or, amendments to fence regulations could be considered when the annual update of the Zoning Ordinance is considered the next time (sometime in the fall of the year.) 2. RECOMMENDATION 1 recommend that the Council give its direction on the scope of amendments to be considered but that any amendments should be incorporated into the next annual update of the Zoning Ordinance. ATTACHMENTS: 1. Section 21130.01 of the Zoning Ordinance, Fence/Wall Regulations PLYMOUTH ZONING ORDINANCE SECTION 21130 - FENCING/SCREENING/LANDSCAPING 21130.01. FENCE/WALL REGULATIONS: Subd. 1. Permit Required. Except as otherwise provided herein, no person shall erect, alter or relocate any fence or wall within the City without first having been issued a permit therefor. Sub d.2. Permit Fee. A fee as set forth in the City Code shall be charged for a permit issued under this section for new fences or walls, as well as the replacement of fences or wails in the same location. Subd. 3. Application Procedures. a) Agricultural Developments and Residential, Single and Two Family. Each application for a permit under this section shall be submitted to the Building Official on forms provided by the City. Each application shall include a site plan drawn to scale showing the location of the house(s), garage(s), and other improvements on the lot and the location of the fencing or wall to be erected, altered or relocated. b) Residential, Other Than Single and Two Family, Commercial, and Industrial Uses. Request for fencing or walls shall be processed as part of and according to the procedures of the site plan review, as stipulated in Section 21045 of this Chapter. Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions: a) No fences or walls shall be placed on or extend into public rights-of-way, b) All fences (hedges and plantings excluded) and walls constructed shall require a permit under this section. Permits may be issued by the Building Official or designee, if all requirements of this Chapter have been met. c) That side of any fence or wall considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way. d) Both sides of any fence or wall shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. e) No physical damage of any kind shall occur to abutting property during installation unless it is allowed under agreement with the adjacent property owner. f) A certificate of survey may be required by the Building Official for all fences except hedges and plantings) or walls to be constructed on or within six (6) feet from the property line, unless corner property stakes are in place and marked and a -survey is filed with the City. 21130-1 PLYMOUTH ZONING ORDINANCE g) A fence shall be required on the top of a retaining wall that exceeds four (4) feet in height and that is located adjacent to a public right-of-way or pedestrian walkway. The Zoning Administrator may grant exceptions to this requirement if the retaining wall does not pose a public safety concern. Amended by Ord. No. 2000-06, 02/29/00) Subd. 5. Specific Fence Standards. Except as otherwise provided herein, fences may be allowed subject to the following specific standards: a) Man-made fences not exceeding six (6) feet in height percent may be permitted at or behind the front building line as established by the principal structure. Said fence may be allowed within a front yard which qualifies as an equivalent rear or side yard as defined by this Chapter. (Amended by Ord. No. 2000-06, 02/29/00) b) Fences not exceeding thirty-six (36) inches in may be permitted in the required front yard. c) Fences not exceeding six (6) feet in height, for uses other than one and two family dwellings, may be permitted in front of the front building line as established by the primary structure on the lot, when required for screening of adjacent property. In such cases, the required front setback for the fence shall be the same as for the use which it is intended to buffer. d) On corner lots or lots adjacent to railroad rights-of-way, no fence shall be located in a sight visibility triangle unless it is in compliance with the sight clearance requirements for such lots as set forth in Section 21105.05 of this Chapter. e) There are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning district, except that no such hedges or plantings shall be located within a sight visibility triangle as set forth in Section 21105.05 of this Chapter. fl Should the rear lot line of a lot in a residential district be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall be fenced in accordance with the provisions of Section 21130.01, Subd. 5.b. g) Fences up to ten (10) feet in height may be permitted to enclose tennis courts provided all other requirements of this subdivision are met, and shall not require a conditional use permit or interim use permit where a tennis court is a permitted or accessory use. h) Fences which include a security gate at a point where access is provided to the property and principal building may be approved if necessary and appropriate as part of the site plan review. Subd. 6. Fences Allowed by Conditional Use Permit and Interim Use Permit. In accordance with requirements set forth in Section 21015 or 21020 of this Chapter as applicable, 21130-2 PLYMOUTH ZONING ORDINANCE the following special fencing arrangements may be approved as a conditional use permit or interim use permit by the City: a) Fences allowed by conditional use permit are as follows: 1) Fences exceeding six (6) feet in height provided that: a. The fence is in a location where fences up to six (6) feet are permitted. b. The fence not exceed eight (8) feet in height. C. The fence is not within a side or rear yard of a required lakeshore setback area. b) Fences allowed by interim use permit are as follows: 1) Barbed wire and electrically charged fences. Agricultural uses located in the FRD District and essential service structures in all Districts shall, however, be exempt from the interim use permit requirements. 2) Razor wire fences. c) Standards for evaluating fences allowed by conditional use permits or interim use permits shall include, but not be limited to, the following: 1) The fence placement, height or design does not create a safety hazard with regard to, from or on a public street or roadway. 2) The fence placement, height or design does not create a safety problem or negatively affect adjoining properties or use. Subd. 7. Non -Conforming Fences. It is the intent of this Chapter to allow the continuation of such non -conforming fences until they are discontinued as provided herein. However, it is not the intent of this Chapter to encourage the survival of non -conforming fences and such fences that are declared to be incompatible with permitted fences within the City. Such fences shall be regulated by the following provisions: a) An existing fence not allowed by this Chapter in the district within which it is located, except when required by law or ordinance, shall not be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to comply with the requirements of this Chapter. Maintenance of a non -conforming fence will be allowed when this includes necessary repair and incidental alterations which do not expand or intensify the non -conforming fence. Amended by Ord. No. 99-5, 01119199) 21130-3 DATE: February 2, 2002 TO: Roger Knutson, Bob Pemberton, Craig Gerdes, Dwight Johnson, Dale Hahn, Laurie Ahrens, and City Councilmembers FROM: Sandy Paulson, City Clerk SUBJECT: Notice of Claim Attached is a notice of claim which was received on January 31, 2001. RES N ICK & SEI LER PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW PHILLIP S. RESNICK SCOTT J. SELLER Boil Pemberton City of Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Nasser El-Azamy Dear Mr. Pemberton: 925 RAND TOWER 527 MARQUETTE AVENUE SOUTH MINNEAPOLIS. MINNESQTA sS402 TELEPHONE (612) 339-0411 FACSIMILE 16121 339-1386 January 26, 2401 OF COUNSEL ROBERT G. DAVIS Enclosed herewith and served upon you, please find Plaintiffs' Notice of Claim in Accordance with Minn. Stat. § 466.05. Veryt,Tulyyours, Scott J. Seiler SJS/ald Enclosure M. Luna El-Azamy NOTICE OF CLAIM IN ACCORDANCE WITH MINN. STAT. & 466.05 TO: Bob Pemberton City of Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 PLEASE TAKE NOTICE, that Mohamed El-Azamy and Nasser El-Azamy, by and through his mother, Luna El-Azamy, of the City of Plymouth, County of Hennepin, State of Minnesota, claim damages in excess of Fifty Thousand and No/00 Dollars ($50,000.00) each, arising out of an occurrence on or about August 10, 2000, during a stop and search of an automobile occupied by Mohamed and Nasser Al-Azamy by Plymouth Police Officers at Northbound Lancaster Lane, near 36`' Avenue. RESNICK & SEILER, P.L.L.P. j. Dated: January 26, 2001 Pfiifflip S. Resnick (MN ID #90$$8) Scott J. Seiler (MN ID #240874) Attorneys for Plaintiff 1925 Rand Tower 527 Marquette Avenue South Minneapolis, Minnesota 55402 612) 339-0411 Feb BZ ZBB1 16:39;18 LMC 4MONO of Minmwvfo cWho C'1e. ,wer, moo. Via Fax -> 61Z+509+5060 Administrator Page 801 Ur 081 FRIDAYFAx Number 5 A weekly legislative update from the League of Minnesota Cities February 2, 2001 Shooting range gill aims at local government zoning authority The House Local Government Committee will hear "The Shooting Range" bill Feb. 5 in Room 200 of the State Office Building The bill, HF 209, authored by Rep Tom Hackbarth (R -Cedar), essentially prohibits local governments from regulating the operation of shooting ranges provided the shooting ranges operate as per "generally accepted operation practices ""Generally accepted operation practices" are adopted by the DNR and shall incorporate the shooting practices endorsed by a nationally -recognized nonprofit firearms organization Local governments may not regulate the shooting range when repairing, remodeling, improving, replacing or reinforcing any structure on the property, even if it is operating under a non -conforming use permit Local governments may not restrict hours of operation or place noise controls on the facility. If an "act of God" or act of war" causes any shooting range structure to be damaged, the range must be allowed to resume any conforming or non -conforming use upon its reconstruction. How- ever, in the event that a clear and proven safety hazard exists due to the operation of the shooting range, the local government or state may close the range and pay for all relocation expenses Call your legislators Call the bill's author Call the House Local Gov- ernment Committee. Tell them your thoughts on the bill The 60 -day rule gill Finds opposition As townships, cities, and counties work together to remove the procedural traps set in Minnesota's 50 -day rule," builders and develop- ers work to derail SF 200 The bill, authored by Sen Jim Vickerman D -Tracy), is designed to clarify what a written request is, to make clear what motions are necessary to deny a request, and to allow local governments to publish a complete written statement supporting the denial at the next meeting of its governing body The bill was heard in the Senate State & Local Government Opera- tions Committee, also chaired by Sen. Vickerman, last Wednesday The bill was tabled after the Minne- sota Association of Realtors (MAR) and the Builders Association of Minnesota (BAM) expressed opposi- tion to the bill Among the concerns raised were that local governments are seeking this legislation in an effort stop litigation Also, that local governments want to delay Publish- ing written findings -of -fact in order to "doctor" the reasons to fit legal requirements between meetings. The LMC, the Association of Minne- sota Counties, and the Minnesota Association of Townships are working on an amendment to put to rest the concerns and move forward with clarifying a cumbersome law Ramp meter study results Yesterday, the Dept. of Transporta- tion (MnDOT) released the final results of an independent study on ramp metering in the Twin Cities metro area. The study evaluated the traffic flow and safety impacts associated with turning off all 430 ramp meters for six weeks last fall as mandated by the 2000 Legislature The report can be viewed in its entirety at www.dot.state.mmusl rampmeterstudy/reports.html. Upcoming meetings Monday, Feb 5- 10 State Office Building Regulated Industries— Chr. Rep. Ken Wolf Agenda: HF 510 (Wolf) relating to telecommunications; modifying and recodifying telecommunications laws. (Governor'sTelecommunica- tions Reform Sill). Testimony by Deputy Commissioner of Commerce Tony Mendoza To view the Senate and House calendars for next week's commit- tee hearings, jam-packed with city issues, see' www.house.leg.state. mn.us/hInfo/scheduIe/Index.htm or http:llwww.senate.leg.state.mn. uslschedulellndex.litm. me inor- inlorr",70011 on cil1' levi0,7fivP issues, r—felef ejp+ l f fh, (_rague of n'rinneso- f ;ei o t.. rgovr"rw-t Re1060f q ream 651) 7814700 or (800) 925-1122 s Pending Study Session Topics Joint meeting with School District 279 Osseo HRA recommendation on TIF Housing District Funds Speed Hump Policy Consider replacement strategies for Commute West Job Fair Review transit ridership statistics and discuss transit issues, including transit hub (Scott Harstad) Discuss train safety (Joy Tierney) Effects of Exposure to Second Hand Smoke (Scott Harstad) Surface Water Utility Fee Rate Structure Quarterly check-in with City Manager (next in May/June)