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)