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HomeMy WebLinkAboutCity Council Minutes 02-29-2000Adopted Minutes Regular Council Meeting February 29, 2000 A Regular Meeting of the Plymouth City Council was called to order by Deputy Mayor Bildsoe at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on February 29, 2000. COUNCIL PRESENT: Deputy Mayor Bildsoe, Councilmembers Brown, Black, Harstad, Johnson, and Slavik. ABSENT: Mayor Tierney. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Finance Director Hahn, Public Works Director Moore, Parks and Recreation Director Blank, Attorney Scott, Planner Rask, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.1) Acceptance of Donation for Millennium Garden Parks and Recreation Director Blank highlighted the "Buy a Brick" program for the Millennium Garden. He stated residents may purchase bricks at a cost of $50 at City Hall. He mentioned that there is a mini millennium garden display at City Hall that showcases this effort. Resident Kathleen Thompson presented a check to Deputy Mayor Bildsoe for the purchase of bricks. 4.2) Oath of Office to Five Firefighters Fire Chief Kline introduced firefighters Brett Meltzer, Christopher Knettel, Meredith Reed, Scott Schiltz, and Christopher Warren whom recently passed their probationary training program. City Clerk Paulson administered the oath of office to the firefighters. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 2 of 13 4.3) Information on "Watch your Car Program" Korky Ornburg, from the Crime and Prevention Fire Fund, explained the "Watch your Car Program" which is an auto theft prevention program. This program assists in increasing the public awareness of auto thefts. He stated the program is free, and individuals simply complete an application for each vehicle they would like to register. Application forms are available at City Hall. Once a vehicle is registered, decals are then displayed on the vehicles. He stated the decals must be displayed which gives a police officer the authority to pull the vehicle over if there is suspicion that the vehicle could be stolen. He stated the City received a grant in September 1999 to administer the program. He explained the goal is to register 1,000 vehicles by July 2001. Lastly, there would be an article in the March edition of the Plymouth News. Deputy Mayor Bildsoe requested that information regarding this program be broadcast on cable as well. 4.4) Recognize Plymouth Volunteers Volunteer Coordinator Anderson stated there are 10 volunteers who the City would like to recognize this evening with a Certification of Appreciation from Deputy Mayor Bildsoe. The volunteers that received the certificates were Sandy Steiner, Mary Pestel, Kathy Marshall, Myrna Kaner, Jeanna Vonier-Smith, and Jim Garland. She stated volunteers Dee Dee Solarz, Vivian Nelson, Lynn Armstrong, and Arvid Anderson were unable to attend this evening's meeting. 4.5) 1999 Police Recognition Awards Public Safety Director Gerdes highlighted the Police Recognition Award Ceremony recently conducted, and those officers who were recognized for their accomplishments during the past year. Approval of Agenda Public Safety Director Gerdes requested item No. 7.2.2 (hearing on alcohol compliance check violation for C.I.A. 0., Inc. d/b/a Broadway Station,) be removed from the agenda as the licensee surrendered their license to the Department of Public Safety. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to approve the amended agenda. With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 3 of 13 Consent Agenda Deputy Mayor Bildsoe asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Johnson requested to remove item No. 6.16 (approve disposition of tax forfeit parcel in the City of Plymouth) until a later Council meeting which would allow additional time for staff to contact the adjacent homeowners association regarding this parcel City Manager Johnson informed the Council that the bids were opened today for the four items under 6.19, and results of that bid opening were faxed to the Council earlier today. Councilmember Johnson indicated her intent to abstain from voting on item No. 6.4. Motion was made by Councilmember Black, and seconded by Councilmember Brown, to approve the amended Consent Agenda which included the following items: 6.01: Approve proposed City Council Minutes (Special Joint Meeting ofFebruary 14, Special Council Meeting of February 15, and Regular Meeting ofFebruary 15). 6.02: Resolution Approving Disbursements for the Period ending February 18, 2000 (Res2000- 108). 6.03: Resolution Approving Site Plan, Conditional Use Permit, and Variance for Quinwood Square, LLC for a Culver's Restaurant for Property Located north of Bass Lake Road and West of Quinwood Lane North (99125 — Res2000-109). 6.04: Resolution Approving a PUD Amendment for Lundgren Bros. Construction, Inc. to Allow Four -Foot Eight -Inch High Split Rail Cedar Fencing at the Entrances to the Plum Tree East Wyndemere Farms) PUD, Located North of Old Rockford Road, South of the Soo Line Railway, East of Peony Lane, and West of Holly Lane (99133 — Res2000-110), Ordinance Amending Chapter 21 of the City Code to Amend Section 21655.21 for the Plum Tree East PUD, located north of Old Rockford Road, South of Soo Line Railway, East of Peony Lane, and west of Holly Lane (99133 — Ord2000-05), and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Plum Tree East PUD, Located north of Old Rockford Road, south of the Soo Line Railway, East of Peony Lane, and West of Holly Lane 99133 — Res2000-111). 6.05: Resolution Approving Site Plan Amendment for Building Addition and an Interim Use Permit to Reduce the Number of Required Parking Stalls at the Aljon Tool, Inc. Building located at 15700 28`" Avenue North (99134 — Res2000-112). Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 4 of 13 6.06: Resolution Approving the Labor Agreement between the City of Plymouth and Plymouth Sergeants Represented by Law Enforcement Labor Services (LELS) for Calendar Years 2000- 2001 (Res2000-113). 6.07: Resolution Approving 2000 Membership Dues in Municipal Legislative Commission Res2000-114). 6.08: Resolution Authorizing the Application for and Allocation of Program Year 2000 Community Development Block Grant Funds (Res2000-115). 6.09: Resolution Approving Contractual Pavement Marking Contract for the Years 2000 and 2001 (Res2000-116). 6.10: Resolution Ordering Preparation of Preliminary Report for Holly Lane from Old Rockford Road to CP Railroad (9024 — Res2000-117). 6.11: Resolution Authorizing Request for Payment No. 5 for 1998 Trail Improvement Project 8021— Res2000-118). 6.12: Resolution Requesting Payment No. 6 for Ferndale Road Utility and Street Improvements for State Aid Project (S.A.P.) 152-110-01 and 155-178-01 (6007 — Res2000-119). 6.13: Resolution Approving Traffic Signal Agreement for CSAH 9 and Vicksburg Lane (9003 — Res2000-120), Resolution Approving Traffic Signal Plans for CSAH 9 and Vicksburg Lane 9003 — Res2000-121), Resolution Approving Traffic Signal Agreement for CASH 61 and Schmidt Lake Road (9907 — Res2000-122), Resolution Approving Traffic Signal Plans for CASH 61 and Schmidt Lake Road (9907 — Res2000-123), Resolution Approving Traffic Signal Agreement for CSAH 24 and Medina Road (9908 — Res2000-124), Resolution Approving Traffic Signal Plans for CSAH 24 and Medina Road (9908 — Res2000-125), Resolution Approving Traffic Signal Agreement for CSAH 61 and Sunset Trail (9909 — Res2000-126), and a Resolution Approving Traffic Signal Plans for CSAH 61 and Sunset Trail (9909 — Res2000- 127). 6.14: Approval 2000 Contribution Payments to Social Service Agencies. 6.15: Resolution Approving Change Order No. 1 for Ferndale Road Utility and Street Improvements, State Aid Project (S.A.P.) 152-110-01 and 155-178-01 (6007 — Res2000-128). 6.16: (This item was removedfrom the agenda). Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 5 of 13 6.17: Cancellation of Public Hearing for Assessment of the 1999 Removal and Destruction of Diseased Trees, Roll 2. 6.18: Resolution Approving Purchase of Furnishings for Activity Center (Res2000-130). 6.19.1: Resolution Approving purchase of Shenandoah Playground Play Equipment (Res2000- 131). 6.19.2: Resolution Approving purchase of Elm Creek Playground Play Equipment (Res2000- 132). 6.19.3: Resolution Approving purchase of St. Mary's Playground Equipment (Res2000-133). 6.19.4: Resolution Approving Zachary Playground Play Equipment (Res2000-134). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Assessment Hearing for 1999 Weed Eradication and Destruction, Roll 2 Finance Director Hahn explained during the summer months, the city investigates complaints and other obvious noxious weed problems. The City notifies the property owners and allows them 15 days to remove the weeds. If the weeds are not removed within the required timeline, the City has contractual crews carry out the removal process. The affected property owners are billed for the costs associated with eradication and destruction and are given at least 30 days to pay the costs. He stated the proposed assessments are for those property owners who are delinquent in paying the City. Deputy Mayor Bildsoe opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Deputy Mayor Bildsoe declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Brown, to adopt a Resolution Adopting Assessments for 1999 Weed Eradication and Destruction, Roll 2 Res2000-135). With all members voting in favor, the motion carried. 7.2.1) Hearing on Alcohol Compliance Check Violation for Speedway SuperAmerica LLC d/b/a Speedway SuperAmerica, 5750 Nathan Lane first violation) Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 6 of 13 Deputy Mayor Bildsoe opened the public hearing for testimony. Public Safety Director Gerdes explained the licensee's first violation that occurred on July 20, 1999. He stated the cashier requested verification, and the undercover individual utilized an unaltered driver's license. The cashier admitted that the person was underage but completed the sale anyway because of the many customers waiting in line. He explained for first violations, the Public Safety Director conducts administrative hearings for presumptive penalties. However, the licensee requested their right to a hearing before the Council. Deputy Mayor Bildsoe questioned if the licensee had contacted the Police Department for alcohol training. Public Safety Director Gerdes stated no, but it was discussed at the administrative hearing. Gary Zahler, District Manager for SuperAmerica, 5270 Lake Avenue, Albertville, explained the company's extensive and mandatory training program for all employees which includes all the policies for tobacco and alcohol sales. He stated employees sign an actual agreement with the company affirming the company's policies. In addition, employees are subject to termination if an illegal sale of alcohol is made. He requested the Council deviate from the presumptive penalty since the employee was fully trained and had signed the agreement with the company. This particular employee, for whatever reason, ignored the company policy. Deputy Mayor Bildsoe asked Mr. Zahler if he is aware of Public Safety's alcohol training. Mr. Zahler stated he is aware of the training and is considering contacting them. Mr. Zahler explained the company conducts tobacco and alcohol training classes within 60 to 90 days of employment. However, the employee in question was not able to attend the classes since she had not been employed by SuperAmerica for 60 days. He also stated there is a video training series that addresses fake identifications and different scenarios which their employees view. Lastly, the notice provided by the City for the compliance checks was posted in the store. Councilmember Brown asked what the company's immediate response was to the violation. Mr. Zahler stated the employee was suspended and then terminated. In addition, all employees were made aware of the violation. There being no one else wishing to appear before the Council to give testimony, Deputy Mayor Bildsoe declared the public hearing closed. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 7 of 13 Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to adopt a Resolution Imposing a Civil Penalty Against Speedway SuperAmerica LLC d/b/a Speedway SuperAmerica for Liquor Compliance Check Violation (license suspension of 10 days to be served at the discretion of the City, and an administrative fine of $1,000 fine) Res2000-136). Councilmember Black stated it is unfair to hold the employer strictly responsible in this case when the employee knew what they did was wrong. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to amend the main motion to not impose an administrative fine, and the 10 days be stayed unless there is a further violation in a year. Councilmember Harstad stated he does not support deviating from the Council's policy. Councilmember Black stressed the importance of the City providing alcohol training for licensees and their employees. Councilmember Slavik stated after reviewing the documents provided by the licensee, proper training was given to the employee. Therefore, she does not support the presumptive penalty. The Council voted on the amendment. With all members voting against the motion but Black, the motion failed. Motion made by Councilmember Johnson, and seconded by Councilmember Harstad, to call the ueqstion. With all members voting in favor, the motion carried. Motion made by Councilmember Slavik, and seconded by Councilmember Johnson, to impose a license suspension of 10 days with five days stayed with the condition there be no further violations in a year, and an administrative fine of $500. Councilmember Harstad suggested a friendly amendment to the motion for a license suspension of 10 days and an administrative fine of $1,000. Councilmembers Slavik and Johnson accepted this amendment. The Council voted on the amended amendment to the main motion. With all members voting in favor but Brown and Black, the motion carried. The Council then voted on the amended main motion. With all members voting in favor but Brown and Black, the motion carried. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 8 of 13 Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to request that the findings of fact be placed on the March 21 Council agenda. With all members voting in favor, the motion carried. 7.2.2) Hearing on Alcohol Compliance Check Violation for C.I.A.O., Inc. d/b/a Broadway Station, 4190 Vinewood Lane (second violation) This item removed from the agenda. General Business 8.1) Amendment to the Text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (proposed amendments address both technical and typographical errors, and substantive changes regarding PUD amendments and lighting — 99096) Planner Rask stated the primary amendments are for exterior lighting standards, Planned Unit Development (PUD) zoning district updates, and general provisions of the zoning ordinance. He stated amendments to the exterior lighting standards would address maximum intensity and glare, minimum intensity of lighting, and general standards. The Planning Commission and the Environmental Quality Commission reviewed the proposed amendments. He explained the purpose of the draft ordinance is to insure that new lighting is installed in a manner and location where it is most effective, while eliminating off-site impacts. It also establishes standards to insure that exterior lighting does not produce glare, light trespass, sky glow, harsh shadows, or steep transitions from light to dark. He discussed with the Council the proposed maximum intensity of lighting and glare standards, minimum intensity of lighting standards which are consistent with the Illuminating Engineering Society of North America, and general performance standards. He stated the next section of amendments addresses Planned Unit Developments (PUD). He reminded the Council that PUDs are zoning districts. The proposed ordinance amendments remove most of the specific PUD standards as they are not necessary. He explained the performance standards, such as setbacks, building height, design criteria, etc., may be established as part of the PUD general plan on an individual basis. In the absence of specific standards, the Council would review a requested PUD as any other rezoning request which would take into consideration the characteristics of the site and consistency with the Comprehensive Plan. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 9 of 13 He discussed the general zoning amendments which addresses regulations for the following items: 1. Exceptions to site plan review. 2. Outside storage regulations as it applies to construction/landscaping equipment and materials, and vehicles. 3. Common open space and amenities. 4. Yard encroachments. 5. Accessory buildings. 6. Fences and walls. 7. Loading space/screening requirement. 8. Business signs. 9. Hours of operation for grading. 10. Single family detached dwelling as a conditional use in RMF -1 Zoning Districts. The Council first discussed the proposed lighting amendments. Councilmember Slavik asked when these amendments would be effective. Planner Rask stated immediately. He stated the provisions would apply to any new lighting that would be installed after passage of the ordinance. Councilmember Slavik asked if someone could appeal the Zoning Administrator's decision to issue a variance. Planner Rask stated yes. Planner Rask informed the Council that whenever lighting is to be replaced in a development, an amendment to the site plan must be prepared. The Council briefly discussed the proposed amendments to the PUD section of the ordinance. The Council discussed the proposed amendments to the General Zoning Ordinance, and more specifically, the proposed amendment to the land fill and grading operations section. The amendment is to change the hours of operation for land fill and grading operations from 7:00 a.m. to 7:00 p.m. Monday through Saturday to 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday. The City currently utilizes these hours in its contracts for street projects. Councilmember Slavik suggested that Saturday hours be changed to 9:00 a.m. to 6:00 p.m. Community Development Director Hurlburt reminded these hours would apply to City projects as well. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 10 of 13 Councilmember Harstad stated he would prefer to solicit input from residents and businesses before adopting this proposed amendment. He stated this amendment would have a definite impact on business contracts. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (99096 — Ord2000-06, and Summary Ordinance No. 2000-07 for Chapter 21). A considerable amount of discussion was held regarding changing the hours on Saturdays. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to amend the proposed Saturday hours to 9:00 a.m. to 6:00 p.m. Councilmember Brown stated the one hour less per Saturday would be a substantial loss for construction businesses. Councilmember Harstad agreed with Councilmember Brown in that with the proposed amendment, the City is already decreasing the hours by two hours on Saturdays. There being no further discussion and with all members voting against the motion but Slavik, the motion failed. The Council then voted on the main motion, and with all members voting in favor, the motion carried. 8.2) Amendment to the Text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (proposed amendments are regarding the placement of wireless communication antennas and use ofpublic right-of-ways — 99115) Planner Rask stated the purpose of the proposed ordinance is to make minor technical changes to the general antenna regulations (Section 21175) and to create a new ordinance section (Section 21177) to address telecommunication equipment in public rights-of-way. He stated currently there are currently six licensed providers and there could be the possibility of three additional licensed providers. In addition, there are 27 approved antenna sites in the City. Of these 27 sites, eight consist of free-standing towers with the remaining 19 antenna sites being located on structures, such as existing towers, buildings, and water towers. The proposed ordinance would continue to encourage co -location of antennas on existing structures. He discussed the trends in wireless communications, local government regulations according to the Federal Telecommunications Act, and recent revisions to State Statutes 237 which defines Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 11 of 13 local governments' authorities in managing and regulating public rights-of-way for all right-of- way users including telecommunications. He stated currently a licensed provider strives to locate a site on an existing structure. If there is not one available, the provider tries to locate a site in an industrial district, followed by the commercial district, and lastly, a residential district. To date, the City has no towers in the residential district. He stated staff is proposing a new ordinance relating specifically to telecommunication right-of- way users. The purpose of this ordinance is to establish regulations for the siting and placement of telecommunications facilities within public rights-of-way in a manner that does not jeopardize the public health, safety, and general welfare. The ordinance addresses all telecommunication equipment, including both land-based and wireless facilities. In conclusion, he clarified that if a licensed provider installs an antenna on an existing pole or structure, no action is necessary. Steve Roell, 5915 Dunkirk Lane, requests the ordinance be stricter. He resides across the street from a tower that was installed without a permit. He illustrated a picture of a pole only 20 feet from his garage. He requested the ordinance state the structure needs to be 200' from a property rather than 50' as proposed. He voiced his frustration with the noise that is generated from the adjacent structure, and the size of the unit (six feet tall and seven feet wide). Public Works Director Moore commented there is no landscaping that could be planted in front of this particular structure as that would impede the right-of-way. Community Development Director Hurlburt acknowledged there is noise generated from this unit but it is a fairly low humming noise. She doubts it would violate the City's noise ordinance. She stated with respect to the size of the equipment, what is being proposed in the unit is smaller than this particular unit. If the City would delete the residential areas, it would be a violation of the Federal law. She cautioned the Council in increasing the distance requirement higher than 50' as Mr. Roell recommended as this would apply to all areas of the City. Lastly, there are no requirements for landscaping these structures. However, there could be an encroachment agreement which could impose certain conditions. Councilmember Johnson asked if it is an option to require screening or fencing of the ground structures. Community Development Director Hurlburt replied it would be more advantageous for the City to utilize an encroachment agreement. Public Works Director Moore agreed and reiterated that for the majority of the time, the screening wouldn't be allowed due to the right-of- way. Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 12 of 13 Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to adopt an Ordinance Amending the Plymouth City Code, by Amending Chapter 21 - Antenna Regulations and Public Property/Rights-of-Way (99115 — Ord2000-08) and a Resolution Approving Summary Publication of Ordinance No. 2000-08, an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (Res2000-137). With all members voting in favor, the motion carried. 8.3) Ordinance Amending the Frequency of Separately Metered Residential Billings from Bi -Monthly to Quarterly) Finance Director Hahn reported on an Ordinance amending the frequency of separately metered residential utility billing from bi-monthly to quarterly. He explained Councilmember Harstad requested that consideration be provided to changing from a bi-monthly utility billing cycle to a quarterly billing cycle for separately metered residential accounts. He stated the primary advantage of a quarterly billing system would be cost savings of approximately $16,300 which is attributed to the frequency of reading meters, postage, and supplies. He explained the disadvantage of this type of system would be how it relates to the new tiered water system. The size of the utility bill could cause problems to some residents. However, staff would accommodate those individuals by notifying them what one-third of their bill would be so payments could be made on a monthly basis. Lastly, there would be loss of interest for cash flow. Councilmember Harstad feels a quarterly billing cycle could assist in decreasing water usage. Also, he favors the option of allowing residents to pay monthly if they so desire. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt an Ordinance Amending Section 700 of the Plymouth City Code. Councilmember Harstad stated since this ordinance wouldn't go into effect until January 1, 2001, there would be ample time for the City to educate the residents. Councilmember Johnson stated she wouldn't support the Ordinance as she would prefer to analyze the effects of the new tiered water rates. In addition, with a bi-monthly utility bill, there would be more of an opportunity to include information on various City services in the utility bills. Lastly, according to the citizen survey, 39% of the residents prefer a bi-monthly water bill. Councilmember Slavik agreed with Councilmember Johnson. Councilmember Harstad stated according to the citizen survey, 44% of the residents prefer the City's newsletter as their primary source of information rather than utilizing the utility bills to Adopted City Council Minutes Regular Meeting of February 29, 2000 Page 13 of 13 disseminate City information. He believes this approach would save money and not cause a disruption. Councilmember Johnson reiterated that she would prefer to review the tiered water rates after this summer. Councilmember Brown stated he would not support this ordinance at this time because of the timing. He agrees with Councilmember Johnson to analyze the results of their tiered water rates first. Deputy Mayor Bildsoe stated he agrees with Councilmember Brown. With all members voting against the motion but Harstad, the motion failed. Reports and Recommendations There were no reports and recommendations. Adjournment Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adjourn the meeting at 9:35 p.m. With all members voting in favor, the motion carried. Am'AwAJVJ andra R. Paulson, City Clerk