HomeMy WebLinkAboutCity Council Minutes 08-08-2000Adopted Minutes
Regular Council Meeting
August 8, 2000
A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:04
p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on August 8, 2000.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Slavik,
Johnson, and Harstad.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Public Safety Director Gerdes, Park and Recreation
Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public
Works Director Moore, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
Ann Dorweiler, 17035 9`h Avenue North, stated she is a member of the Plymouth Housing Task
Force and Housing Coalition. She thanked the Council and staff for addressing their concerns
about affordable housing through the City's Comprehensive Plan. She stressed the need to build
opportunities for everyone.
Presentations and Public Information Announcements
4.1) Proclaim Reach and Read Program, School District 281
Mayor Tierney read a proclamation encouraging residents to support a new partnership entitled,
Reach Out and Read" which is being promoted by School District 281.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
affirm this proclamation. With all members voting in favor, the motion carried.
Approval of Agenda
Councilmember Bildsoe requested to add a discussion on power outages as item No. 8.3 under
General Business.
Councilmember Harstad requested to add a discussion on emergency preparedness as item No.
8.4 under General Business.
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Regular Meeting of August 8, 2000
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Councilmember Johnson added a report on the Youth Town Forum as item No. 8.5 under
General Business.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
City Manager Johnson stated a minor correction was made to the July 25 minutes, and the
Council has received a copy of the correction. He stated a revised resolution for item No. 6.10
has been given to the Council. Lastly, he requested item No. 6.23 be removed from the Consent
Agenda and placed as item No. 8.6 under General Business (schedule study sessions in
September and October).
Councilmember Black requested 6.07 be removed from the Consent Agenda and be discussed
prior to item No. 8.01.
Motion was made by Councilmember Harstad, and seconded by Councilmember Black, to
approve the amended Consent Agenda which included the following items:
6.01) Approve Special Meeting minutes of July 24, 2000 and Regular Meeting minutes of July
25, 2000.
6.02) Resolution Approving Disbursements for the Period ending July 28, 2000 (Res2000-372).
6.03) Resolution Appointing Election Judges for the Primary Election (Res2000-373).
6.04) Resolution Approving a Site Plan Amendment for Christ Memorial Lutheran Church at
13501 Sunset Trail (20083 — Res2000-374).
6.05) Resolution Approving Conditional Use Permit Amendment for Kukulica and Associates
to allow the Placement of Antennas and Related Equipment on the Building located at 605
Highway 169 (20086 — Res2000-375).
6.06) Resolution Approving Variance for a Four -Foot High Fence in the Front Yard for
Krystyna Skrowaczewski on Property located at 1120 Ferndale Road (20082 - Res2000-376).
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Regular Meeting of August 8, 2000
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6.07) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.1)
6.08) Resolution Approving Variance Request for Days Inn for Property located at 2945
Empire Lane North (20094 — Res2000-377).
6.09) Resolution of Application for Minnesota Amateur Sports Commission (MASC) Grant
Res2000-378).
6.10) Resolution Approving Lot Division/Lot Consolidation for Tony Eiden Company for Lots
1 and 2, Block 1, Walnut Grove Pond (20110 - Res2000-379).
6.11) Resolution Approving Conditional Use Permit for Mary Leuer to allow more than One
Accessory Building on Property located at 17435 Medina Road (20099 - Res2000-380).
6.12) Resolution Designating a Handicapped Transfer Zone and Authorizing Signage for Pilot
Project (Res2000-381).
6.13) Resolution Approving Purchase Agreement for 17915 30 Place, County Road 101
Improvement (9005 - Res2000-382).
6.14) Resolution Authorizing the Mayor to Sign the Certificate of Exemption form for the
Wetland Conservation Act, Plymouth Storage Center (20083 - Res2000-383).
6.15) Resolution Ordering Public Hearing on the Vacation of Drainage and Utility Easements
and Utility and Drainage Easement for Ponding Purposes in Outlot G, Rockford Glen Addition
Res2000-384).
6.16) Resolution Awarding Bid for Lift Station No. 2, Mission Farms (8030 - Res2000-385).
6.17) Resolution Authorizing Payment No. 11 and Final for East Medicine Lake Boulevard
Street and Trail Improvements, State Aid Project (S.A.P.) 155-158-04 (7006 - Res2000-386).
6.18) Resolution Approving Change Order No. 1 for 2000 Street Reconstruction Project (9901
Res2000-387).
6.19) Resolution Approving Demolition Order for the Abatement of Hazardous Dwellings
located at 309 Harbor Lane (Res2000-388).
6.20) Accept the Second Quarter 2000 Financial Report.
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Regular Meeting of August 8, 2000
Page 4 of 12
6.21) Resolution Approving the Labor Agreement between the City of Plymouth and Clerical,
Technical, and Professional Employees Represented by AFSCME, Council 14 for the Calendar
Years 200, 2001, and 2002 (Res2000-389).
6.22) Resolution Approving Improvements to Ridgemount Playfield/Wayzata East Middle
School (Res2000-390).
6.23) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.6).
With all members voting in favor, the motion carried.
Public Hearings
7.1) Amend Liquor Ordinance and Alcohol Compliance Program to include Best
Practices Program
Public Safety Director Gerdes reported on the changes to the liquor ordinance (incorporating the
Best Practices Program) and recommended the Council conduct the public hearing, accept staffs
report on the final complete review of the liquor ordinance, and adopt the ordinance amending
the current ordinance. He explained after staff initially presented the program to the Council in
April, staff met with the license holders and presented information to the Youth Advisory
Council, Public Safety Advisory Board, Wayzata Public Health Commission, and Hennepin
County Health Department. He stated staff has added a mandatory requirement for the following
items:
1. Inspection and investigation to ensure criteria are being met.
2. A minimum of 75% of the business employees must be trained by the Department of Public
Safety.
3. Establishment of a program for on-going training of new and current employees.
4. Yearly meetings between designated operating managers and department personnel.
He stated within the program, there is the flexibility to participate in different components. He
stated there could be the possibility of the county and the adjacent communities to also
participate.
He then re -highlighted for the Council the components and incentives contained in the Best
Practices Program.
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Regular Meeting of August 8, 2000
Page 5 of 12
Councilmember Harstad stated it is very gratifying that two-thirds of the license holders would
be participating. He asked what the view is of the remaining license holders. Public Safety
Director Gerdes stated some of those businesses do not support the City in administering
compliance checks. However, it has been the Council's position to reduce the sales of alcohol to
minors. He explained for those businesses that would not be participating in the program, the
penalty grid previously established would be maintained for those businesses. However, staff
would continue to encourage them to work with the City.
Public Safety Director Gerdes stated the Best Practices Program allows him to work with an
establishment's first two violations. If there is a third violation, the business is removed from the
Best Practices Program and placed under the current grid. If a business were not participating in
the Best Practices Program, he would administer the presumptive penalty for the first violation
according to the grid. However, the establishment would retain the right to request a hearing
before the Council.
Councilmember Bildsoe asked if there are ample staff members to administer the program.
Public Safety Director Gerdes replied yes. In addition to Lieutenant Franz and Investigator
Bevens, line officers would be assisting with the checks.
Councilmember Brown asked if there is a good cross section of license holders supporting the
Best Practices Program. Public Safety Director Gerdes replied there was a 90% response rate
from the off -sale intoxicating liquor license holders, and 50% response rate from the On -Sale
Liquor License holders.
Councilmember Johnson asked if the City currently registers kegs. Public Safety Director
Gerdes replied no. Currently there is only one pilot program of this nature, and that is in
Minneapolis. However, he encouraged the City to pursue legislation for this.
Councilmember Johnson asked if there would be two compliance checks for the seasonal
establishments. Public Safety Director Gerdes replied in the past, those establishments were
only checked once, but staff would like to pursue two compliance checks.
Mayor Tierney opened the public hearing for testimony.
Bill Deziel, 4540 Holly Lane, representing Hollydale Golf, stated only one percent of their total
sales is attributed to 3.2 liquor. He stated there is no evidence of underage drinking in any
establishment. Therefore, he questioned why the City is targeting the license holders when
according to the records that he has received, no one has been apprehended for underage
drinking. He stated the reason why the majority of the license holders support the Best Practices
Program is because there would be a reduction in the liquor license fee. He does not support two
different grid systems for penalties.
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Regular Meeting of August 8, 2000
Page 6 of 12
Kim Rowe, appearing on behalf of "Community Prevention Coalition," stated they support the
ordinance. She stated compliance checks do assist in reducing underage consumption. She
stated the coalition's view is that it is a privilege for a retailer to sell alcohol in a community.
There being no one else wishing to appear before the Council, Mayor Tierney declared the public
hearing closed.
Councilmember Johnson commented that the Council received correspondence from Ken
Streeter of Star Liquors who supports the ordinance.
She indicated to Mr. Deziel that the Council isn't penalizing those businesses that do not wish to
participate in the Best Practices Program. Public Safety Director Gerdes agreed and stated this a
voluntary program, and the proposed ordinance would maintain the current grid but also
incorporate a new grid for the Best Practices Program.
Councilmember Slavik indicated her support with the City being pro -active in decreasing
underage drinking offenses. She also voiced her support to establishments that card their patrons
even though it is evident the patrons are over 21 years of age.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt an Ordinance Amending Chapter XII of the Plymouth City Code Concerning Best Practice
Liquor Establishments and Chapter X Concerning License Fees (Ord2000-29).
Mayor Tierney commented the Best Practices Program provides assistance to license holders in
training their personnel, and she stressed the need for incentives and a full education program.
There being no further discussion and with all members voting in favor, the motion carried.
General Business
8.1a) Approve Site Plan and Conditional Use Permit for Liberty Property Limited
Partnership for Property located east of Nathan Lane and North of 45th Avenue
Councilmember Black noted that on page five of staff's report, there is an inconsistency on the
screening of the commercial parking lots — whether they would be screened three or six feet.
Community Development Director Hurlburt explained there is landscaping to the berm itself.
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Regular Meeting of August 8, 2000
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Councilmember Black asked what assurances does the City have that this would happen.
Community Development Director Hurlburt stated there would be financial guarantees on the
landscaping plans as well as the inspection.
Councilmember Johnson asked if the use of 40% of the building for commercial space is per
tenant or per building. Community Development Director Hurlburt stated it would be a tenant
by tenant basis, and this provision allows the applicant to have up to that amount of commercial
space based on the tenant.
Councilmember Johnson commented that this type of development would reduce the traffic trips.
Councilmember Johnson conveyed a concern regarding potential noise from this development.
Community Development Director Hurlburt responded this would be handled on a case by case
basis, and the developer needs to adhere to the City's noise ordinance. She added the loading
and service areas are located on the east side of the building, which would be well screened from
Nathan Lane.
Councilmember Black commented on the additional parking spaces, which creates additional
impervious surface area. She stated the NURP pond needs to be constructed larger in order to
treat the additional runoff area. For that reason, she requested the developers to consider
decreasing the amount of parking spaces.
Community Development Director Hurlburt acknowledged that the number of parking spaces
provided in a new development become more of a problem because of the drainage and the use
of single vehicles rather than mass transit. She feels the developer is responding to the market
which is more office space that would utilize more parking spaces.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Harstad, to
adopt a Resolution Approving Site Plan and Conditional Use Permit for Liberty Property
Limited Partnership for Property located east of Nathan Lane and north of 45 Avenue (20059 —
Res2000-391). With all members voting in favor, the motion carried.
8.1b) Site Plan and Variances for One -Story Office Building on Plymouth Boulevard
between 35th and 36th Avenues (20091)
Community Development Director Hurlburt reported on the request of Carlson Real Estate for
approval of a site plan and variances for parking location and setbacks and size of directional
signs for a one-story 47,410 square foot building on property located on Plymouth Boulevard
between 35th and 36th Avenues behind Cub Foods. She stated entrances to the site would be at
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Regular Meeting of August 8, 2000
Page 8 of 12
existing entrances to the Cub Foods loading area and the Plymouth Town Center building
attached to Cub Foods. In addition to on-site parking, the applicant is requesting construction of
parking bump outs to create an on street parking bay on Plymouth Boulevard to serve patrons
that would use the building entrances on Plymouth Boulevard. This would change the number of
traffic lanes from two southbound lanes to one southbound lane. However, the location and
configuration of the on street parking would be consistent with the City's adopted streetscape
plan. This would provide convenient parking for people and would slow down the traffic. She
stated the main component of this site plan is to front the building on Plymouth Boulevard which
would provide more of a pedestrian feel to that area.
She indicated it would cost approximately $100,000 to construct the bump outs. She stated the
proposed resolution contains the bump outs that would be included with the Capital
Improvement Plan. She explained if the bump outs were incorporated into the plan, there would
be a through lane on each side of Plymouth Boulevard with turn lanes, a median, and on street
parking.
Councilmember Harstad stated LifeTime Fitness currently needs an additional 100 parking
spaces, and he asked if they have enough surface area to be paved for parking. Community
Development Director Hurlburt explained the City owns the parking lot. Therefore, when any
expansion is being discussed, the City would be responsible for the expansion. She stated the
only area that could be incorporated for parking would be the tree area between City Hall's
parking lot and the LifeTime Fitness parking lot.
Councilmember Harstad asked if a parking ramp could be constructed at LifeTime Fitness, and if
that could occur, would Carlson Real Estate need the 20 parking spaces on Plymouth Boulevard.
Community Development Director Hurlburt stated the applicant's desire for the on street parking
spaces is not to accommodate the employees of the building but for the convenience of the public
accessing the building.
Councilmember Harstad spoke of the need for a transit hub (park and ride) in this area.
Community Development Director Hurlburt stated any on street parking on Plymouth Boulevard
would not impact a traffic hub. Mayor Tierney added the on street parking could be removed if
necessary.
Councilmember Harstad stated he does not support bump outs on a curved roadway such as
Plymouth Boulevard.
Chris Kirby, representing Carlson Real Estate, stated the primary use of the building would be
office. However, the design of the building is very flexible to also accommodate professional,
medical, and retail uses. The bump outs would be designed to provide additional parking in the
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Regular Meeting of August 8, 2000
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front of the building for the pedestrian traffic in the area. He stressed that the on street parking
component is a very critical part of the development, and the bump out concept is a very
attractive concept.
Councilmember Black stated that she generally supports this development as it will slow the
traffic down to 30 m.p.h.
Councilmember Harstad asked Mr. Kirby that if they would lose the 20 parking spaces on the
street, would it be detrimental to the development. Mr. Kirby responded yes as it would be
difficult to request tenants to have their guests park across the street.
Councilmember Johnson asked if the City would be assessing the bump outs for the remainder of
the Plymouth Boulevard streetscape. Community Development Director Hurlburt replied the
majority of the property along Plymouth Boulevard is City property, and the remaining
assessments could be assessed to either the property owners or be constructed with the other
developments.
Councilmember Brown agrees with the Planning Commission's view that there should be the
continuity of bump outs on the entire Plymouth Boulevard, not just for this development. He
supports this concept.
Councilmember Black asked if there is a possibility in partnering with LifeTime Fitness in
sharing the costs of bump outs on their side of the street. Community Development Director
Hurlburt replied yes. City Manager Johnson added there is also the possibility of reconstructing
36th Avenue so the bump outs could be included in that plan as well.
Councilmember Slavik asked if the bump outs would create a problem with emergency vehicle
access or snow removal. Community Development Director Hurlburt replied they would not be
a problem for the emergency vehicles. Public Works Director Moore stated there would be no
problem with the snow removal either.
Councilmember Slavik asked if staff has reviewed pedestrian safety when there is on street
parking. Community Development Director Hurlburt replied not with this particular project.
She stated the on street parking wouldn't be a detriment to pedestrian safety, but rather enhance
it.
Councilmember Bildsoe suggested that staff request the State to perform a traffic study on this
roadway for speed limit. He commented that this development differs with what he envisioned
for this area. He stated this project does solve some issues in this area, particularly parking and
the speed limit. He hoped that the tenants would add value and services to the area.
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Regular Meeting of August 8, 2000
Page 10 of 12
Councilmember Johnson stated the Council was previously split on bump outs and on street
parking on Plymouth Boulevard. She explained transit hubs are for people who park their cars
there all day, which would remove parking stalls for people to access this building.
Community Development Director Hurlburt stated the original plan did include some widening
of the median in addition to the bump outs. However, that plan was a lot more expensive. This
current plan is a fraction of the cost of the full-scale plan. This would also provide the
opportunity to test the concept.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Brown, to adopt
a Resolution Approving a Site Plan and Variances for Carlson Real Estate Company for an
Office Building located on Property at the Northwest Quadrant of 35 Avenue and Plymouth
Boulevard (20091 — Res2000-392). With all members voting in favor but Johnson and Harstad,
the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Directing Staff to Incorporate a Project for Improvements to Plymouth Boulevard
into the Capital Improvements Program (20091 — Res2000-393).
Councilmember Johnson suggested the Council consider assessing adjacent property owners for
these improvements.
Councilmember Black echoed Councilmember Johnson's comments. However, she stated this
action would provide clear direction to potential developers in this area.
Councilmember Harstad stated that he could foresee in the future that major infrastructure
changes would require the City to remove the on street parking.
There being no further discussion and with all members voting in favor but Johnson and Harstad,
the motion carried.
The Council took a brief recess at 9:00 p.m. and reconvened the meeting at 9:12 p.m.
8.2) Adoption of City of Plymouth Comprehensive Plan Update (98025)
Community Development Director Hurlburt recommended the Council adopt the City's
Comprehensive Plan. She explained on July 26 the Metropolitan Council completed their review
of the plan, and if the City Council approves the plan, the City's final plan of the sewer plan
would be forwarded to the Metropolitan Council. She thanked the Council for their perseverance
in preparing the City's Comprehensive Plan.
Adopted City Council Minutes
Regular Meeting of August 8, 2000
Page 11 of 12
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to
adopt a Resolution Adopting Plymouth Comprehensive Plan Update (98025 — Res2000-394).
Councilmembers Brown, Bildsoe, Black, Johnson, and Slavik thanked staff for all their hard
work as well as the involvement of the residents.
Mayor Tierney added this is a Comprehensive Plan until 2020, but it would be updated again in
10 years.
There being no further discussion and with all members voting in favor, the motion carried.
8.3) Power Outages
Councilmember Harstad stated last summer there were some power outages in his ward, and
Northern States Power (NSP) improved some of the infrastructure. However, he has recently
received calls from residents who are experiencing similar problems. He requested staff to
contact NSP.
Public Works Director Moore stated he has met with NSP, and they have improved one
transformer. However, NSP needs residents' assistance in obtaining those addresses that are
experiencing problems. Therefore, he suggested residents contact NSP directly.
8.4) Emergency Preparedness
Councilmember Harstad stated recently the City of Eagan received 12 inches of rain in one
evening. He requested staff to prepare a report as to what the impact would be on the City of
Plymouth if the City received that amount of rainfall in a short period of time (i.e. what
households would be most materially impacted, what the City could do to mitigate it, and what
type of'plan would be in place after a storm of this magnitude). He stated he would like to warn
those homeowners who would be impacted the most.
Public Works Director Moore reported the City has compiled emergency preparedness plans that
include the surface water management plan and increasing the floor elevations of homes when
necessary.
City Manager Johnson added that cities are required to plan for 100 -year rainstorms, and the
City's plan has been in place since approximately 1974. He stated a lieutenant in the Department
of Public Safety is consistently updating the plan.
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Regular Meeting of August 8, 2000
Page 12 of 12
Public Safety Director Gerdes stated the City has a hazard plan that is approved by other
agencies as well. In addition, the City is prepared for these types of disasters through its own
emergency preparedness plan and mutual aid agreements with neighboring communities.
8.5) Youth Town Forum
Councilmember Johnson thanked the Youth Council for assembling the youth town forum
evaluations. She requested these ideas be given to the respective City departments.
8.6) Schedule Council Study Sessions and Topics
A number of Councilmembers indicated they had conflicts with two dates identified by staff as
potential study session dates. These dates were September 19 at 5:30 p.m. (discuss Holly Lane,
Plymouth Civic League, and Millennium Garden), and October 3 at 7:00 p.m. (City Manager's
performance evaluation). Therefore, the Council tabled this item until August 22 so staff could
poll the Council to determine alternative dates.
Mayor Tierney commented she has received a number of calls regarding railroad crossings and
train whistles. Public Safety Director Gerdes stated he would provide a report to the Council so
they can determine if they would like to conduct a study session to discuss this item.
Councilmember Brown requested staff provide a status report to the Council on their 2000 goals
and objectives. Councilmember Johnson suggested this be incorporated with the City Manager's
evaluation.
Reports and Recommendations
There were no reports and/or recommendations.
Adjournment
Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to
adjourn the meeting at 9:45 p.m. With all members voting in favor, the motion carried.
Poandra R. Paulson, City Clerk