HomeMy WebLinkAboutCity Council Minutes 07-20-1999Adopted Minutes
Regular Council Meeting
July 20, 1999
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00
p.m. in the City Center, 3400 Plymouth Blvd., on July 20, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Brown, Black, Harstad,
Johnson, and Bildsoe.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Park and Recreation Director Blank, Public Safety
Director Gerdes, Finance Director Hahn, Community Development Director Hurlburt, Planner
John Rask, Public Works Director Moore, City Attorney Knutson, and Deputy City Clerk
Hoffinan.
Mayor Tierney introduced newly appointed Ward Three Councilmember Brad Brown.
3 Forum
No one spoke at the Forum.
4.1 Automated Utility Payment System
Finance Director Hahn presented the City's new system for automatic payment of water and
wastewater bills. He said an upcoming flyer insert in the next water bill contains answers to
frequently asked questions about the program.
4.2 National Night Out, August 3
Public Safety Director Gerdes reported on plans for the 1999 National Night Out. Mayor Tierney
proclaimed August 3 as the 16`h annual National Night Out in Plymouth, and encouraged citizens
to participate.
4.3 Plymouth News
Councilmember Harstad praised the newly revised city newsletter. Councilmembers welcomed
citizen comments on the new format.
4.4 Jacob Wetterling Foundation Appointment
Councilmember Johnson announced that Councilmember Bildsoe has been appointed to the
Jacob Wetterling Foundation.
5 Approve Agenda
Item 9.3 was added to the agenda.
Adopted City Council Minutes
July 20, 1999
Page 2
Motion was made by Councilmember Johnson, seconded by Councilmember Slavik, to approve
the agenda as amended.
Motion carried, seven ayes.
6 Consent Agenda
A complete copy of the report for Item 6.06 was submitted.
Mayor Tierney requested an amendment of the minutes of the July 6 Regular Council meeting in
Item 8.2 to reflect that she said she would "consider granting permission for non—residents to
serve on designated boards and commissions with the understanding that non—residents are
prohibited by law from serving on certain boards, such as the Council, Charter Commission, and
the HRA."
Councilmember Bildsoe requested amendment of the minutes of the July 6 Regular Council
meeting in Item 9.1 to reflect that he said he wished to delay approval to give more time for
review of the item, "because it is complex and the council does not have enough time to review."
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to approve
the consent agenda as amended.
Motion carried, seven ayes.
6.01 Approve Minutes
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
minutes of the July 6 Regular Council Meeting as amended. Motion carried, seven ayes.
6.02 Approve Disbursements
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-303 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING
JULY 9, 1999. Motion carried, seven ayes.
6.03 Deer Management Program
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-304 RESOLUTION AUTHORIZING DEER MANAGEMENT
PROGRAM WITHIN THE CITY OF PLYMOUTH FOR 1999. Motion carried, seven ayes.
6.04 City of Plymouth. Zoning Ordinance Text Amendment Affecting Non -Residential
Zoning Districts (99039)
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
ORDINANCE 99-20 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF
THE PLYMOUTH CITY CODE, THE PLYMOUTH ZONING ORDINANCE (99039).
Motion carried, seven ayes.
Adopted City Council Minutes
July 20, 1999
Page 3
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-305 APPROVING FINDINGS OF FACT FOR AMENDING THE
TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, THE PLYMOUTH
ZONING ORDINANCE (99039). Motion carried, seven ayes.
6.05 Appointment of Council Coordinating Representatives (CCR)
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to appoint
the following Council Coordinating Representatives: Park and Recreation Advisory
Commission—tinny Black; Human Rights Commission—Brad Brown; Independent School
District 281—Brad Brown; Independent School District 270—Joy Tierney. Motion carried,
seven ayes.
6.06 Rottlund Homes. Final Plat and Development Contract for Cornerstone Commons
99050–F)
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-306 APPROVING FINAL PLAT FOR ROTTLUND HOMES FOR
CORNERSTONE COMMONS 3RD ADDITION" FOR PROPERTY LOCATED NORTH
OF MEDINA ROAD, SOUTH OF HIGHWAY 55 AND EAST OF CO. RD. 101 (99050–F).
Motion carried: seven ayes.
6.07 Eric Pearson. Variance for Side Yard Setback at 1015 Kirkwood Lane North (99048)
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-307 APPROVING A SIDE YARD SETBACK VARIANCE TO
ALLOW THE CONSTRUCTION OF A THREE–SEASON PORCH APPROXIMATELY
14 FEET FROM THE SOUTH PROPERTY LINE FOR ERIC PEARSON FOR
PROPERTY LOCATED AT 1015 KIRKWOOD LANE NORTH (99048). Motion carried,
seven ayes.
6.08 Elim Care, Inc. Final Plat for Cornerstone Commons 4' Addition (99059–F)
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-308 APPROVING FINAL PLAT FOR ELIM CARE FOR
CORNERSTONE COMMONS 4'H ADDITION" FOR PROPERTY LOCATED NORTH
OF MEDINA ROAD, SOUTH OF HIGHWAY 55, AND EAST OF CO. RD. 101(99095–F).
Motion carried, seven ayes.
7.1 Tobacco Compliance Checks
Public Safety Director Gerdes said that this item relates to a first offense tobacco law violation.
Mayor Tierney opened the public hearing at 7:20 p.m. to consider a civil penalty for the tobacco
law violation relating to the tobacco license held by Innsbruck Investments, Inc. d/b/a Cub
Foods, 3550 Vicksburg Lane North.
Adopted City Council Minutes
July 20, 1999
Page 4
Director Gerdes reported that the violation occurred during a compliance check on March 26,
1998. He said that during the compliance check, an employee sold a pack of cigarettes to a minor
after asking for identification and then bypassing a electronic age check system. The employee
pled guilty to the misdemeanor charge, and the court imposed a fine of $210 on May 29, 1998.
Notice of this hearing to consider a civil penalty was sent to the manager of Cub Foods, 3550
Vicksburg Lane, and was entered as part of hearing.
Public Safety Director Gerdes stated that there was no equipment malfunction that evening.
Richard Dorfaer, Manager of the Cub Food Store at 3550 Vicksburg Lane, stated that materials
explaining the store policy on tobacco sales are on file and available for all employees to review.
He said the store policy has now changed, and only the customer service desk may sell tobacco
products through a separate transaction from their other grocery purchases. He asked the Council
to approve lower penalties than the designated presumptive penalties.
Mr. Dorfner said a new electronic age checking system is now is place at the checkout positions,
and is more difficult to override. He said store policy on tobacco sales is explained as part of new
employee orientation. He said City ordinances are posted on a bulletin board in view for
employees. He said training is only done when the store is notified by the City that compliance
checks will be done. He believes the stores system and policy are good, but that the sale was the
cashier's willful and individual choice.
Mayor Tierney said the expensive age check system is a major effort, and she feels some
dispensation should be made for businesses that take these steps.
Dan McCarthy, 3455 Holly Lane, praised the Council for upholding a high standard. He said it is
important for local government to be active in enforcing age restrictions on tobacco sales.
Mayor Tierney closed the public hearing at 7:42 p.m.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt
RESOLUTION 99-309 RESOLUTION IMPOSING A CIVIL PENALTY AGAINST
INNSBRUCK INVESTMENTS, INC. D/B/A CUB FOODS, 3550 VICKSBURG LANE
FOR TOBACCO COMPLIANCE CHECK VIOLATION.
Councilmember Bildsoe said his motion was in support of the presumptive penalties of 5 days
suspended service, and a $500 fine.
Councilmember Harstad said he favored the presumptive penalties. He said it makes no
difference whether the bypass of the system was willful or inadvertent.
Councilmember Slavik did not support the motion. She said great strides have been taken by Cub
Foods, and she doesn't want to penalize the store for its efforts.
Adopted City Council Minutes
July 20, 1999
Page 5
Councilmember Johnson was happy to hear tobacco sales would be restricted to the customer
service counter, but she expressed surprise that the store management didn't figure out the
electronic age check system was a bad system earlier.
Mayor Tierney said the Council should look at how responsible an establishment is. She said
they should not penalize the establishment for making good effort.
Councilmember Johnson did not believe that a strong program is in place. She said the training
should be done on a regular basis not because the management is afraid of the City's
enforcement.
Motion was made by Councilmember Slavik, seconded by Councilmember Black, to call the
question. Motion carried, seven ayes.
Main motion carried, five ayes, Tierney and Slavik nay.
8.1 Moen Leuer Construction. Rezoning, PUD General Plan, and Preliminary Plat for
Plymouth Ponds, Buildings 5-8 (98201)
Community Development Director Hurlburt explained a third option, Alternative C, has been
proposed since this item was tabled at the July 6 Regular Council meeting. She said design
changes would place a noise wall adjacent to Medina Road, delete the proposed fence, and
change the direction of the sawtooth loading docks on the south side of Building 5. She said the
length and height of the noise wall would be recommended by a noise specialist after testing, and
is an effort to deal with impulse noise greater than 60 dBA measured around the loading area.
She said the noise wall must be in place before the construction of building #5 could take place.
She said the builder could reduce noise wall costs by decreasing the size of building #5 and
reducing the number of loading bays. She recommended that motions from the July 6 meeting
remaining on the table should be withdrawn to simplify the action.
Mayor Tierney withdrew her motion and Councilmember Bildsoe withdrew his amendment to
the motion from the July 6 meeting
Motion was made by Mayor Tierney, seconded by Councilmember Black, to adopt
RESOLUTION 99-310 APPROVING PLANNED UNIT DEVELOPMENT GENERAL
PLAN AND PRELIMINARY PLAT FOR MOEN LEDER CONSTRUCTION FOR
PROPERTY LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55, AND
WEST OF CO. RD. 24 (98201)
Planner Rask stated that a ban on the use of the loading docks at Building 5 from 10:00 p.m. to
6:00 a.m. was reached through discussions with the developer, and after review of conditions at
other areas in the city, although the City noise ordinance covers a period of time from 10:00 p.m.
to 7:00 a.m.
Adopted City Council Minutes
July 20, 1999
Page 6
Director Hurlburt said any future plans for changes would require the developers to come to the
City for a PUD amendment. She said the proposal does not include any restrictions on traffic
flow in other areas of the development other than the loading areas of Building 5.
Director Hurlburt said that City ordinance applies a standard to regulate impulse noise at a site,
but that other ambient noises are regulated by the state. She said the noise wall should diminish
all noise to an acceptable level for neighborhood residents. She said the landscape plan may be
revised at the time the design plan for the noise wall is submitted.
Councilmember Bildsoe said he would like the City to initiate discussions with Hennepin County
about traffic signals at the intersection of County Road 24 and Medina Road before these
buildings are built.
Public Works Director Moore said the County did a study at the intersection in the past year, and
it did not meet warrants for a traffic signal. He said it would be difficult to prove that this
intersection would meet warrants ahead of the project since the buildings will not all be built at
one time.
Councilmembers directed staff to place discussion of funding traffic signals at the intersection of
Medina Road and County Road on the budget planning session agenda.
Motion was made by Councilmember Slavik, seconded by Councilmember Johnson, to amend
the motion to contain language restricting the design and height of light standards, further
restricting the use of the Building 5 loading docks from 10 p.m. to 7 a.m.; that the noise wall be
designed to reduce all noise exceeding 70 dBA; requiring any changes in the landscape plan to be
submitted with the plans for the noise wall; and restricting the addition of loading areas that
might be eliminated from Building 5 in the initial plan.
Councilmember Harstad applauded Councilmember Slavik's efforts. He said the impulse noise
restrictions seem too limited.
Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to amend the
proposal with the deletion of "all" from Councilmember Slavik's Condition 20-d regarding
noise, and the restriction of noise levels to 60 dBA.
Councilmember Johnson said she doesn't feel it's appropriate to quantify the disturbances.
Motion was made by Councilmember Harstad, seconded by Councilmember Black to call the
question to call on the amendment Condition 20-d. Motion carried, seven ayes.
Motion to amend Condition 20-d carried, four ayes, Slavik, Johnson, and Bildsoe nay.
Adopted City Council Minutes
July 20, 1999
Page 7
Director Hurlburt stated that the light standards may need to be higher to meet security
requirements. She said standards also exist requiring the shielding of lights to focus light
downward.
Councilmember Slavik stated that her proposed changes reflect comments she received from
neighborhood residents. She said their comments have come from experience with existing
buildings in the area.
Motion was made by Councilmember Harstad, seconded by Councilmember Johnson, to amend
Condition 5, requiring light standards to be shielded, and restricting light standards to 25 -feet
high.
Debra Brodsho, representing Moen Leuer Construction, explained the shoe box style of shielded
lighting. She said there would be no pole lights at the site, such as those required over freeway
exits. She said that for security reasons along building 8, the light standards will be taller than the
building. She said the developers are not sure a noise wall is needed, given the limitation of
hours and operation of the loading docks. She said the developers believe that if the wall is
necessary, it will be an undue restriction to regulate tenants' operation times. She said the
developers have agreed to build Building 5 last, to allow the landscaping time to take hold. She
said the developers are asking for the noise study to be completed before the permit for Building
5 is granted. She said they don't want to push noise on neighbors, but they don't want to face
unnecessarily excessive requirements either. She asked that adjustment be made for the noise
restrictions to equal state standards at 65 dBA.
Brad Moen, of Moen Leuer Construction, said the light fixtures placed on the back wall of
Building 5 will be smaller and will shield light from the neighbors. He said he will agree to a
sound wall to be constructed before the permit request for Building 5 is submitted. He said the
restrictions on the hours of operation would be redundant if the noise wall is in place.
Mayor Tierney called a brief break.
Bob Kohns, 12820 54" Avenue, praised City efforts to keep property taxes down and provide a
good park system. He spoke against the use of a noise wall, but suggested landscaping as a noise
buffer for more attractive visual impact.
Dan McCarthy, 3455 Holly Lane, thanked councilmembers who met with neighborhood
residents. He said he did not believe developers have brought forward any new designs. He
believes it is possible to have a building where the loading docks do not face residents. Failing
that, he said he supports clear guidelines for conditions to shield lights and to restrict the height
of light posts. He supports the noise wall as well as the landscaping plan. He also supports
greater restrictions on the hours of use. He asked for specific dates when requests were made by
the City for warrant testing by the County on traffic lights at the intersection of County Road 24
and Medina Road.
Adopted City Council Minutes
July 20, 1999
Page 8
Bob Held, 17410 34`h Avenue, does not want to look at a noise wall. He believes the grading and
the landscaping will be adequate. He said of greater concern to him is the increased traffic along
County Road 24 and Medina Road.
Greg Katchmark, 3475 Holly Lane, said plans for lighting have improved, but he still finds them
offensive and believes conditions will still be noisy. He said there is delivery noise at other
buildings in the development, and residents don't want to deal with that at Building 5. He
supports the noise wall but also asked that the loading areas be placed on the other side of
Building 5.
Bart Phillips, 3440 Holly Lane, speaking as President of The Seven Ponds Homeowners
Association, said he would support moving Buildings 5 and 7. He said traffic and noise are of
concern to the residents.
Mike Shinder, 3445 Jewel Lane, lives directly across from the development on Jewel Lane and
Medina Road. He said the proposed driveway is about 100 feet from the back of his house. He
said he is willing to look at the noise wall instead of looking at the building and hearing the
noise. He said he is also concerned about lights at night.
Councilmember Johnson said she supports 25—foot light standards. She said they will not have
an impact on building 5, and she is concerned with security issues caused by lower lights.
Motion to amend Condition 5 carried, six ayes, Slavik nay
Motion was made by Councilmember Black, seconded by Councilmember Johnson to call the
question on the resolution amendment. Motion carried, seven ayes.
Main amendment carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to suspend
the rules and extend the meeting until 10:30 p.m. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Brown, to adopt
ORDINANCE 99-21 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY
CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF MEDINA ROAD,
WEST OF CO. RD. 24, AND SOUTH OF HIGHWAY 55 AS PUD (PLANNED UNIT
DEVELOPMENT) (98201). Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-311 APPROVING FINDINGS OF FACT FOR REZONING FOR
MOEN LEUER CONSTRUCTION FOR PROPERTY LOCATED NORTH OF MEDINA
Adopted City Council Minutes
July 20, 1999
Page 9
ROAD, WEST OF CO. RD. 24, AND SOUTH OF HIGHWAY 55. (98201). Motion carried,
seven ayes.
8.2 Alcohol Compliance Check Violation at Sid's Discount Liquors
Public Safety Director Gerdes reported that a violation occurred at Sid's Discount Liquors,
10200 & Avenue during an alcohol compliance check on July 14, 1999. He said the Council had
previously imposed a civil penalty against Applebaum Companies, Inc. d/b/a Sid's Discount
Liquors for an administrative fine on March 16 including five days with two days stayed which
would be reinstated if there was an illegal sale in the next 12 months. He recommended
Councilmembers reinstate suspension of the license.
Director Gerdes said he has met with owner Sid Applebaum, who realizes it is issued against an
action he has already received, and that Mr. Applebaum asked that it be shown that he does not
have this problem in all his stores. Director Gerdes submitted letters from other cities where Mr.
Applebaum has liquor stores that have successfully passed compliance checks.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt
RESOLUTION 99-312 RESOLUTION REINSTATING A CIVIL PENALTY AGAINST
APPLEBAUM COMPANIES, INC. d/b/a SID'S DISCOUNT LIQUORS FOR LIQUOR
COMPLIANCE CHECK VIOLATION. Motion carried, seven ayes.
Council directed staff to place such future questions on the Consent Agenda.
9.1 Report on Intermittent Power Outages
Public Works Director Moore said he has held conversations with Northern States Power
officials about outages in northwest Plymouth. He reported the main feeder lines are overhead
lines and were affected by wind and trees over the Independence Day holiday weekend. He said
NSP plans to trim trees along the feeder line.
Director Moore said residents have complained that NSP has not been as aggressive recently in
its tree trimming efforts. He said officials are trying to restore a balance in its tree -trimming
program. He said City staff does not handle this sort of trimming.
Councilmembers directed staff to provide NSP with the names and addresses of residents who
have called the City about the outages.
9.2 Pedestrian Crossings
Public Works Director Moore said this item was placed on the agenda following complaints
about the crosswalk at the intersection of 37th Avenue, Dallas Lane and Fernbrook Lane, where
reports have come that vehicle traffic is not stopping for pedestrian traffic. He said this is a State
law requirement, and suggested a program of education and enforcement as well as review of
crosswalks to see if any traffic improvements are warranted.
Adopted City Council Minutes
July 20, 1999
Page 10
Councilmember Slavik requested the addition of the intersection of County Road 24 and Medina
Road to the study.
Public Safety Director Gerdes said enforcement of the state law is a time consuming, although
worthwhile project. He said his department will try to enforce whenever possible. He said there
is a large education curve for the public since this is a new law.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to suspend
the rules and extend the meeting until 10:40. Motion carried, seven ayes.
Bruce Raines, 14125 37' Avenue North, introduced a citizen petition requesting the placement of
a pedestrian crossing light at the intersection of Dallas Lane and Fernbrook Lane. He said
residents would like to see a time frame with studies completed by spring 2000.
In response to questions from Councilmembers, Public Works Director Moore said that
pedestrian bridges would be difficult to build and get pedestrians to use, since by design they
must be handicap accessible which would take four times longer to cross the street.
Councilmember Johnson thanked residents for the petition and said she supports residents'
efforts.
Councilmember Bildsoe said he would support media efforts to publicize state laws.
Public Works Director Moore said staff could bring reports at budget time regarding signal
studies. He said a signal would likely be placed at another location on Fernbrook Lane rather
than at the intersection in question.
Councilmember Black encouraged distribution of informational brochures when officers issue
warning tickets.
9.3 Fiscal Futures Information (requested by Councilmember Bildsoe)
Mayor Tierney suggested representatives from the Council or staff attend an August 12
workshop on fiscal planning for governments.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adjourn
the meeting at 10:40 p.m. Motion carried, seven ayes.
1
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Deput3f,ity Clerk