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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 k Deput3f,ity Clerk