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HomeMy WebLinkAboutCity Council Minutes 12-07-1999Adopted Minutes Regular Council Meeting December 7, 1999 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on December 7, 1999. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Harstad, Bildsoe, Johnson, and Slavik. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Public Safety Director Gerdes, Community Development Director Hurlburt, Public Works Director Moore, Parks and Recreation Director Blank, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Chip Jamison, 17655 48th Place North, stated he previously addressed the Council regarding the traffic congestion at the intersection of Schmidt Lake Road and Peony Lane. He thanked the Council for authorizing the manning of this intersection by two police officers as well as the painting of the crosswalk. City Manager Johnson informed the Council that the Public Safety Department would be providing an update to the Council on this intersection at the December 21, 1999 Council meeting. Presentations and Public Information Announcements 4.1) Presentation to Citizen Academy Graduates (Sergeant Mike Goldstein) Sergeant Goldstein stated this evening's graduates completed an 11 -week 32 -hour course. Throughout the course, a number of City employees contributed their time and support to the program, and he extended his thanks to those employees. He stated the objective of the academy is to retain the graduates as contributing members of their organization and to assist with the reserve program, future academies, etc. Sergeant Goldstein and Mayor Tierney presented certificates to Kent Anderson, Mary Castonguay, Tom Clinton, Bob Green, Kathy Green, Amy Johnson, Sheri Larson, Sue Mussehl, Pete Pavich, and Kevin Sullivan. Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 2 of 17 Approval of Agenda Councilmember Johnson requested to discuss articles that appeared in the Sun Sailor and Lakeshore Weekly News regarding the Council's decision on the density levels in Northwest Plymouth as item No. 9.2 under Reports and Recommendations. In addition, she also requested an update on the County Road 101 project as item No. 9.3 under Reports and Recommendations. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda 6.01-6.13) Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Calendar. Councilmember Bildsoe requested to remove item No. 6.11 and discuss it as item No. 8.3 under General Business. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the amended Consent Agenda which included the following items: 6.01: Approval of proposed City Council Minutes (Special Meeting of November 15, 1999 and Regular Meeting of November 16, 1999). 6.02: Resolution Approving Disbursements for the Period Ending November 26, 1999 (Res99- 499). 6.03: Resolution Approving Installation of Stop Signs at Various Locations (southbound Empire Lane at Harbor Lane, 29th Avenue at Pilgrim Lane, Jewell Lane at Old Rockford Road, westbound 45th Avenue at Peony Lane, southbound Quantico Lane at Schmidt Lake Road, and northbound Minnesota Lane at Schmidt Lake Road). (Res99-500). 6.04: Resolution Accepting Contribution from the Plymouth -Wayzata Youth Baseball Association (Res99-501). 6.05: Resolution Approving a Variance from the Maximum Impervious Surface Area Coverage in the Shoreland Management Overlay District to Allow Construction of Home Addition for Skyline Design for Property Located at 971 Yuma Lane North (99101 — Res99-502). Adopted City Council Minutes Regular Meeting of December 7,1999 Page 3 of 17 6.06: Resolution Approving Lot Consolidation for Jeffrey Berg for Property Located at 9955- 260' Avenue North (99121 - Res99-503). 6.07: Resolution Authorizing Payment of Insurance Deductible to League of Minnesota Cities Insurance Trust (Res99-504). 6.08: Resolution Accepting Donations for the Carol Creelman Memorial (Res99-505). 6.09: Resolution Reducing Required Financial Guarantee for Bridgid Glen Addition (98063 - Res99-506). 6.10: Resolution Approving Cooperative Construction Agreement for Pedestrian Bridge No. 27V26 County Road 9 Over Interstate 494, State Project No's. 2785-319 and 155-020-17, and a Resolution Accepting Bids and Authorizing the State of Minnesota to Enter into a Contract for Pedestrian Bridge No. 27V26 County Road 9 Over Interstate 494, State Project No's. 2785-319 and 155-020-07 (Res99-507 & Res99-508). 6.11: This item was removed from Consent Calendar and acted upon under General Business as item No. 8.3. 6.12: Resolution Approving an Encroachment Agreement for Sprint Spectrum L.P. for Placement of Communication Cable and Antennas on Existing Poles in City Rights -of -Way and Authorizing the Mayor and City Manager to Sign the Agreement (Res99-509). 6.13: Resolution Approving 1999 Tobacco License for Harbert's Foods, Inc., 1605 County Road 101 North (Res99-510). Councilmembers Johnson and Black recognized the monitory contributions that were being made to the City on item No's. 6.04 and 6.08. Prior to the Council voting on the motion to approve the Consent Calendar, the following votes were registered: Councilmember Bildsoe would be abstaining for item No. 6.2. Councilmembers Black and Johnson would be casting no votes for item No. 6.05. Motion carried to approve the Consent Calendar. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 4 of 17 Public Hearings 7.1) Vacation of Part of the Drainage and Utility Easements along the Common Property Lines of Lots 1 and 2, and Lots 2 and 3, Block 1, Frenchie LaPointe Addition Public Works Director Moore Fred explained the subject property is located south of Carlson Parkway and west of Zinnia Lane. He stated staff is recommending approval to vacate the drainage and utility easements as they are located along the old common property lines and are no longer required. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt a Resolution Authorizing the Vacation of Part of the Drainage and Utility Easements within Lots 1 and 2, Block 1, and Lots 2 and 3, Block 1 of Frenchie La Pointe Addition (Res99-511). With all members voting in favor, the motion carried. 7.2) Vacation of Part of a Drainage and Utility Easement within Lot 25, Block 3, Cornerstone Commons Addition Public Works Director Moore reported the subject property is located at the new Cornerstone Commons development at the intersection of Highway 55 and Medina Road. He explained the basis for the vacation is due to the building being enlarged by one foot by way of a bump out on the lower level at the end of a fireplace. This fireplace encroaches into the City's drainage easement. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt a Resolution Authorizing the Vacation of Part of a Drainage and Utility Easement within Lot 25, Block 3 of Cornerstone Commons Addition (Res99-512). With all members voting in favor, the motion carried. 7.3) Appeal of Zoning Administrator's Decision to Approve a Variance from the Noise Ordinance for the Eagle Lake Regional Park Recreational Area (99110) Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 5 of 17 Community Development Director Hurlburt illustrated the site map of the recreational area. She stated at the previous Council meeting, the Council approved the Site Plan and the Conditional Use Permit. She stated this evening, the Council would be considering the appeal of the Zoning Administrator's decision to approve a Variance from the City's Noise Ordinance. She stated without the Variance, the City's Noise Ordinance prohibits operation of power tools on private property between 10:00 p.m. and 7:00 a.m. The applicant is requesting to begin mowing as early as 5:30 a.m. from May 1st through September 20th and to retrieve golf balls until 11:00 p.m. from April 15th to September 30th. She stated Variances to the Noise Ordinance are not subject to the same standards and criteria as a Variance to the Zoning Ordinance. The hardship standards and criteria for a noise Variance are based on economic and technological conditions of the proposed use and equipment, as well as hardships on the applicant, on other persons, or on the community. As stated in the Noise Ordinance, these hardships must be balanced against the potential adverse impact on the public health, safety, and general welfare. She explained staff has determined that denial of the Variance would result in an unreasonable hardship on the applicant and also to the general public who would use the golf facilities. Restricting the hours of operation would create a financial hardship for the applicant because the course would be open fewer hours during the day. She stated the required notice of this evening's meeting was provided to all property owners within 200 feet of the project site. She explained the Council could either affirm the Zoning Administrator's decision to extend the hours or deny it and provide findings of fact for staff to present a recommendation to the Council at a future meeting. She informed the Council that in order to better quantify future noise levels and to evaluate potential impacts relative to background noise, the City contracted with David Braslau Associates, Inc. to perform a noise assessment of the maintenance equipment that would be utilized on the site. The noise assessment concluded that sound from mowers may be audible from homes adjacent to the course, but that noise from the equipment would not create any significant impact from exceeding the state noise standards, increase over ambient levels, or interference with sleep. She stressed that if the noise exceeds the standards, the Council could revoke the Variance. In conclusion, she stated there are three other golf courses located in the City and another one under construction. Depending on the Council's action tonight, staff would present a recommendation to the Council to amend the Noise Ordinance to provide exemptions for golf courses or the other golf courses would also be required to apply for Variances if the current Noise Ordinance wasn't amended. Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 6 of 17 Councilmember Brown asked if there would be any monitoring of the noise levels. Community Development Director Hurlburt responded there would be no official monitoring but is on a complaint basis only. Community Development Director Hurlburt stated an Ordinance amending the City's Noise Ordinance is currently being drafted by the Attorney Knutson, and this Ordinance could be ready for the Council to consider in January 2000. However, if the Council believes the current system is sufficient, which is the administrative approval of Variances on a case by case basis, the Noise Ordinance would remain as it currently is. Councilmember Black asked if the Council were to deny the request for the Variance, and then consider an ordinance on more of a global basis, would this applicant be governed under the realm of that ordinance. Attorney Knutson replied yes. Councilmember Brown asked why golf courses weren't included in the original Noise Ordinance. Community Development Director Hurlburt explained the Ordinance was tailored for the residential areas, specifically of mowing of private residential properties, and this was an oversight. Councilmember Brown asked about noise generated from commercial areas that are adjacent to residential areas (snow removal, mowing). Attorney Knutson stated snowplowing is exempt from the Ordinance. Keith Grettinger, Golf Course Superintendent, explained the mowing is performed seven days a week. The majority of mowing the greens is completed in the morning. Councilmember Slavik asked Mr. Grettinger what their course of action would be if the Variance weren't granted. He stated he is unsure as it would be extremely difficult to operate the golf course without certain features, such as having the greens ready early in the morning. Councilmember Johnson asked what the earliest tee time is. Mr. Grettinger replied at one of their golf courses it's at 6:30 a.m., and at another golf course it's at 7:30 a.m. Hennepin Parks starts at 6:30 a.m. but he knows of other golf courses that start earlier than that. Councilmember Johnson asked how many people would be displaced if they didn't allow people out until one hour and a half later. Mr. Grettinger stated he is unsure of the number, but it would be a significant amount. Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 7 of 17 Councilmember Black asked how long it takes to mow one green on an average. Mr. Grettinger replied about 15 minutes; however, they try to stay ahead of the golfers. Mayor Tierney opened the public hearing for testimony. David Deziel, 4710 Holly Lane, Holly Dale Golf Course, stated they have been in business for 34 years, and their neighbors, who are 20-30 feet off the golf course, are aware of their activities. He explained they open their golf course at 5:00 a.m. The greens have to be cut, and they must stay ahead of the golfers. He stated there are approximately 32 people per hour out on the golf course. Therefore, it could be quite expensive to delay their opening time an hour or two. The earliest they begin mowing is 5:00 a.m. He believes golf courses should be exempt altogether. They don't have automatic irrigation systems. Mike Klatte, 18515 County Road 24, Elm Creek Golf Course, stated he agrees with Mr. Deziel. He stated it's difficult to impose this type of pressure on the golf courses. Therefore, the current Noise Ordinance should be amended. David Kirkbride, 12105 26`h Avenue North, Elm Creek Golf Course, stated he also agrees with the previous speakers. He stressed their business is driven by customer satisfaction. Therefore, they are mowing the greens prior to 5:30 a.m. if possible. There are approximately 60 players every two hours, and if they couldn't begin any activities until 7:00 a.m., they would lose about 35 per person which would be 10 percent of their annual business. Councilmember Harstad asked Mr. Kirkbride how late they mow. Mr. Kirkbride replied their mowing is completed by 2 p.m. He stated the best time to mow is early in the morning. The greens need to roll smoothly. Lastly, he stated there a few homes that directly abut the Elm Creek Golf Course. There being no further testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to deny the Variance. Councilmember Black stated the reason why she is opposed to the Variance is that the homes located in close proximity to this new golf course didn't have a golf course next to them when they originally purchased their homes. This is different than those homes that are located adjacent to some of the existing golf courses as those people chose to build their homes there after the golf course was already there. Councilmember Brown stated the Council at the previous meeting approved the Site Plan and Conditional Use Permit knowing full well the activities that would be occurring on this site. He Adopted City Council Minutes Regular Meeting of December 7,1999 Page 8 of 17 stressed the importance of maintaining the greens and retrieving the golf balls. He stated property values would definitely increase for people who reside adjacent to the golf courses. Councilmember Harstad stated he is concerned about approving a Variance from the Noise Ordinance for every single golf course. Therefore, he is more supportive of not approving this Variance, but drafting an Ordinance that would be more tailored to golf courses. Councilmember Johnson stated it is her opinion that if Variances are continuously being issued, the Ordinances need to be reviewed. She stated golf courses add value to the City. In addition, there are many areas of the City in which residents must tolerate noise and traffic. She stated she does feel the applicant has demonstrated a hardship. She agreed with Councilmember Harstad that the Noise Ordinance should be rewritten. Councilmember Bildsoe stated there is the assumption that the noise created would be violating the Noise Ordinance. He explained if that occurs, the City could revoke the Variance. He stated he would prefer there is a consistent start time for all golf courses, and also provide the golf course owners the opportunity to run their businesses the way it should be done. Mayor Tierney stated there is not a clear understanding if there would be a violation of the Noise Ordinance according to the noise study completed by the consultant. She mentioned the residents who signed this petition appealing the Variance previously signed a petition to allow watercraft on Pike Lake which an be very noisy. She stated there is 400 feet to 500 feet distance between the golf course and these homes so she doesn't view it as a noise issue. She too favors a new ordinance to specifically address golf courses. Councilmember Black stated the adjacent residents (LA -2 area west of the golf course) would hear a lawnmower only about the distance of two to three homes away. These residents would have a negative impact even though there may be some increase in their property values. Councilmember Harstad stated this golf course isn't constructed yet. Therefore, he reiterated the Council should deny the Variance and then amend the existing Noise Ordinance. Councilmember Slavik stated the Council has the option of not allowing mowing on the fifth hole until 7:00 a.m. which would be closest to the residential area to the west of the site. She feels this wouldn't be creating too much of a hardship. Councilmember Johnson asked if the Pike Lake Woods Homeowners Association were opposed to this golf course. Community Development Director Hurlburt stated to her recollection they were not opposed. Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 9 of 17 Community Development Director Hurlburt reiterated that the Variance does not allow the applicant to exceed the noise standards. She stated the only issue the golf courses could be exempted from the Ordinance is the operation of their equipment if the Ordinance was to be rewritten. Councilmember Johnson questioned if the City hasn't received any complaints from adjacent property owners at other golf courses, why would the City anticipate this golf course would be any different. Councilmember Black stated the issue is the existing golf courses were already in place or were requested by the residents. The residents near this golf course and who would be affected by this golf course are opposed to it. Therefore, she feels the City is far more likely to receive complaints from these residents. Councilmember Johnson stated she feels there is a problem in treating golf courses differently. Attorney Knutson stated the Council has two options which are to act on the Variance tonight, or request an Ordinance be drafted to amend the current Noise Ordinance. He stated the Council could initiate both actions if they so choose. City Manager Johnson suggested that the Council shouldn't deny the Variance because of the need for a new Ordinance. He suggested the Council table their action until the Ordinance is prepared. Motion was made by Councilmember Johnson, and seconded by Councilmember Slavik, to table the appeal on the Variance to the Noise Ordinance until January 18, 2000. In addition, for that meeting, staff is directed to prepare an Ordinance to amend the Noise Ordinance that specifically addresses golf courses. Councilmember Johnson suggested staff survey other cities that have golf courses. Councilmember Black asked if there have been any formal complaints regarding the City's golf courses. Community Development Director Hurlburt stated there has been no known complaints to any City departments on existing golf courses. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to amend the motion to table the action until February 8, 2000. With all members voting in favor, the motion carried. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 10 of 17 The Council voted on the amended main motion and with all members voting in favor but Black, the motion carried. General Business 8.1) Consider Citizen Request to Drive All -Terrain Vehicle on City Trails Parks and Recreation Director Blank reported on the request of Katherine Hume, residing at 18125 19`x' Avenue, to drive an all terrain vehicle on the City trails. He illustrated to the Council the proposed request and the type of vehicle to be used. He stated the current Ordinance prohibits this request. He spoke to the Council about the history of plowing the City trails. He stated the City plows the trails for liability reasons, and there is an adopted policy as to how the trails are plowed. He stressed that the trails are not plowed to the same standard as streets. The trails are not plowed down to black asphalt nor is salt or sand used which could be a factor where there are steep grades especially on some of the trails. Therefore, it is staff's opinion that it is not a good option to use the trails in the wintertime. If a permit would be issued, it should be a condition of the permit that the operator of the vehicle understands that these trails are not plowed to the same standard as streets. He stated many times the trails are abandoned when there is a lot of snow on the trails due to the plowing of the streets and the fact that the City doesn't have the equipment to clear, what can be at times, eight feet of snow off the trails. In addition, staff is very concerned about the safety for the applicant at the intersection of Highway 55 and Dunkirk Lane. Councilmember Slavik noted that some of the sidewalk sections the applicant would be using might not be as wide as the vehicle. She asked if this vehicle can operate on excessive snow and ice. Parks and Recreation Director Blank stated he is unsure. Councilmember Slavik asked if there are any other options for the applicant. Parks and Recreation Director Blank stated the Dial -a -Ride Bus Service could be an option as well as carpooling. Councilmember Harstad asked if slow moving signs could be placed on her vehicle. Attorney Knutson replied that could be an option on the streets. Attorney Knutson stated those slow moving vehicle signs are used mainly on vehicles that can't go faster than 30 mph such as a tractor, buggy, etc. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 11 of 17 Chief Gerdes stated this would be permissible under the slow moving vehicle statute. Any vehicle proceeding at less than the posted speed limit could travel on the right hand side of the roadway. He stated there are a number of issues if the proposed all -terrain vehicle could be considered a motor vehicle. The vehicle certainly couldn't be licensed as a motor vehicle if it wouldn't meet the motor vehicle standards. There are exceptions to the law in regard to use of all -terrain vehicles. In addition, the statute doesn't define vision impairments as a disability. Kathryn Hume, 18125 19'h Avenue North, stated her proposed all -terrain vehicle is referred to as a utility vehicle. She explained her vision impairment to the Council. She has been discussing this issue with the City for four months. She stated she has tried the Dial -a -Ride Bus System, and it is time consuming and not dependable. Riders are on stand by, and one must call four days in advance to schedule a ride. She stated utilizing a taxi would consume 25% of her daily pay. She has also tried rides with co-workers, but employees have varying schedules, and they do not live by her. She informed the Council that she surrendered her driver's license three months ago. This was a decision that she personally made due to her sight impairment which affects her side vision. Therefore, she currently couldn't operate a vehicle. She stated it's not her intention of being on the trails after heavy snowfalls. When the weather is warmer, she will ride her bicycle. However, she would be happy to display a slow moving sign on her vehicle if the Council so desires. Mayor Tierney stated she tends to favor Ms. Hume displaying a slow moving vehicle sign and keeping to the right of the roadway. Councilmember Harstad stated he is very concerned that she turned in her driver's license, as she may not be able to pass the peripheral vision test. Ms. Hume stated she recently passed the vision portion of the test so it shouldn't be a problem to reinstate her license if she has to. Councilmember Bildsoe stated he has a concern of Ms. Hume operating the all -terrain vehicle on the trails especially when it is dark outside, and it's difficult for people to notice this vehicle on the trails. He stated he understands Ms. Hume's problem, but he has a concern with utilizing the trails as it relates to the safety of the users, and the Council creating precedence with this request. Councilmember Johnson asked if the Plymouth Flyer System would be an option. Public Works Director Moore replied he is not sure this would be an option, as the rides need to be scheduled on a consistent basis due to the demand for the one vehicle. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 12 of 17 Councilmember Black stated there are already safety issues with trails i.e. rollerbladers, walkers, etc. She stated she doesn't see any difficulty if this form of transportation operated on a permit system. Attorney Knutson stated the obvious concern would be the damage and/or liability if this vehicle hit an individual. He believes it would be possible to draft an ordinance to limit the City's liability. Councilmember Brown asked Ms. Hume if her opthamologist has stated she could drive. She replied yes, she could drive. Councilmember Brown asked why she felt compelled to surrender her drivers license. She replied she has difficulty with her side vision especially on a freeway or a mall situation where there are many vehicles coming from all directions. Councilmember Brown asked Ms. Hume if she has pursued the option for a slow moving sign. Ms. Hume replied no, but this type of all -terrain vehicle shouldn't be hard to see because of the design. She reiterated she would not be using the vehicle in the summer when there would be many people utilizing the trails. She also stated she could utilize the residential streets rather than the City trails if that is what the Council desires. Councilmember Slavik stated there are many children who ride their bikes and rollerblade on Dunkirk Lane, and they may not hear or see Ms. Hume all the time. Therefore, this is a safety issue. She encouraged Ms. Hume to travel on the right side of the road and display a slow moving sign. Chief Gerdes stated in order for Ms. Hume to drive on the street with a slow moving vehicle sign, she would need to have her driver's license reinstated. Attorney Knutson stated if the Council makes no motion to allow Ms. Hume to drive on the trails, she can't drive on the City trails. A motion was made by Councilmember Harstad to issue a permit to Ms. Hume so she could drive on the City trails. The motion failedfor lack of a second. Chief Gerdes stated Ms. Hume's options at this point are: 1. Drive a regular vehicle (car) with no slow moving vehicle emblem attached. The vehicle needs to travel to the right of the roadway. 2. Drive the all -terrain vehicle with a slow moving vehicle emblem attached. The vehicle would be required to meet the weight restrictions on slow moving vehicles. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 13 of 17 He stressed that in both instances, Ms. Hume would need a driver's license. The Council took a short recess at 9:15 p.m. The Mayor reconvened the meeting at 9:25 p.m. 8.2) Extension of Interim Ordinance for the 2020 Expansion Area of Northwest Plymouth 98207) Community Development Director Hurlburt requested the Council to adopt an Ordinance amending the interim Ordinance prohibiting development applications and all zoning and subdivision approvals within the 2020 expansion area of Northwest Plymouth by extending the moratorium from January 1, 2000 to June 1, 2000. The amendment also provides an exemption for part of the area (areas lb, 2a, and 2b as designated on the proposed sewer staging plan map adopted on July 27, 1999) from some of the provisions of the Ordinance to allow planning for major infrastructure improvements. This action would also allow the City to complete the Comprehensive Plan. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt an Ordinance Amending an Interim Ordinance Temporarily Prohibiting the Issuance of Subdivision Approval and Zoning Approvals in a Designated Area in Northwest Plymouth Or9( 9_29). Councilmember Johnson stated the importance of the areas that are exempt from this moratorium. Councilmember Harstad stated he would not support this motion especially since this moratorium has been in place for a year, and it's not justified to continue the moratorium. Councilmember Johnson stated she too only anticipated a 12 -month moratorium. However, some of the delay was due to the Council encouraging and receiving public comment on a number of issues. She stressed the importance of staff and the Council continuing to work on the Comprehensive Plan. Community Development Director Hurlburt stated any development applications received by the City would be so premature until the Comprehensive Plan is adopted. There being no further discussion and with all members voting in favor except Harstad, the motion carried. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 14 of 17 8.3) Resolution Approving an Encroachment Agreement for U.S. West Wireless, L.L.C. for Placement of Communication Cable and Antennas on Existing Poles in City Rights -of - Way and Authorizing the Mayor and City Manager to Sign the Agreement (Res99-). Councilmember Bildsoe informed the Council that a resident residing across the street from this proposed tower has had questions about the installation of this tower. He conveyed the resident's concern that the City has lost its discretion on where these towers are constructed. The City has very little discretion to deny this request. He stated this tower would be an eyesore to this resident and the neighborhood. US West has stated there would be extra plantings around this tower. He requested staff to make sure this occurs. City Manager Johnson stated staff is very confident that those problems addressed by the resident would be addressed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Approving an Encroachment Agreement for U.S. West Wireless, L.L.C. for Placement of Communication Cable and Antennas on Existing Poles in City Rights -of -Way and Authorizing the Mayor and City Manager to Sign the Agreement (Res99-513). With all members voting in favor, the motion carried. Reports and Recommendations 9.1) Consideration of Eliminating Speed Hump on South Shore Drive (Councilmember Harstad) Councilmember Harstad stated it's only one speed hump that is in question. This speed hump is located on South Shore Drive between 10th Avenue and the City of Medicine Lake. He explained this speed hump is located near a former establishment that is no longer there. He stated that since this establishment is no longer there, the traffic pattern has changed greatly on this section of the roadway. Public Works Director Moore stated contained in staff's report is the history of this speed hump. Staff is recommending that if the Council desires to alter the speed hump(s), to conduct a public information meeting to receive residents' comments. Bruce Larson, 1940 East Medicine Lake Boulevard, stated this one particular speed hump should be removed as it creates a dangerous condition and is no longer necessary. The speed hump is located in the middle of nowhere, which is a dangerous surprise. He stated the paint on the roadway isn't always visible, bushes cover the sign, it is an icy area in the winter, and this section is mis-posted at 20 mph when it is only safe at 10 mph. He doesn't know what purpose the speed hump serves as it is quite a distance from the closest residential area. Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 15 of 17 Councilmember Black stated the reason why this speed hump was constructed wasn't because of the establishment but for a safe crossing to the neighborhood park. In addition, the speed hump was to divert more traffic from traveling this road at excessive speeds. She stated she would not be willing to review this issue again unless the Council conducted a public information meeting for the residents. Councilmember Johnson asked what the involvement is from the homeowners association. Mr. Larson replied there is no opposition for this particular speed hump, but on the other speed humps further down the road, there is a split. Councilmember Johnson asked if there couldn't be a petition circulated that would indicate whether the residents support the removal of this speed hump. Councilmember Brown stated he has met with the homeowners association on a number of occasions, and he has not heard any comments from residents to have the speed hump removed. Mayor Tierney stated the speed humps were installed to control the speed of the traffic as it related to the park area and the former establishment. She viewed the speed humps as interim solution as the City was considering the possibility of the Luce Line trail going down South Shore Drive. She asked if there is any possibility of constructing the trail down this section of the roadway soon as well as reconstruction of the road itself. She agreed with Mr. Larson that this speed hump creates a dangerous situation. Park and Recreation Director Blank responded the trails are currently being constructed on West Medicine Lake Drive along the railroad tracks to South Shore Drive, and staff is hopeful this would be completed late this winter. He stated staff is proposing to construct a trail on South Shore Drive, but it would be part of the reconstruction of the road. Public Works Director Moore stated this roadway is not part of the five-year maintenance program that the Council previously approved. If the bridge would be reconstructed, there are many issues to be considered. However, this roadway could certainly be discussed as part of the Capital Improvement Program process. He encouraged a public meeting rather than a petition process. Lastly, the railroad tracks are within the City of Medicine Lake, and it's their prerogative whether stop signs are installed. Councilmember Brown asked if there are many accidents reported for this roadway. Pubic Safety Director Gerdes stated staff would research and provide a report back to the Council. Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to conduct a public information meeting on this one particular speed hump. Adopted City Council Minutes Regular Meeting of December 7, 1999 Page 16 of 17 Councilmember Brown requested that the language contained on the City's notice be very clear that this is only on the one speed hump. The Council did not schedule a specific date for the public informational meeting — only what would work best for staff and the Council's meeting schedule. Councilmember Bildsoe asked what precipitated this request. Councilmember Harstad stated there has been a change in the traffic pattern. He personally traveled this roadway with a constituent, and he, too, has come to the conclusion that there is no basis for the speed hump as it serves no purpose. There being no further discussion and with all members voting in favor but Black, the motion carried. 9.2) Northwest Planning Information (Councilmember Johnson) Councilmember Johnson stated she read an article in the Sun Sailor and a letter to the editor in the Lakeshore Weekly News regarding the Council's action on the Land Use Guide Plan for Northwest Plymouth. She has received many telephone calls, and according to the articles, it gives the impression that the City lowered the density levels. She reiterated what the Planning Commission recommended and what the Council adopted. She made it clear that the Council increased the densities, and she explained some of the complexities involved. She stated she is very concerned of misperceptions that densities were lowered. 9.3) County Road 101 Project (Councilmember Johnson) Councilmember Johnson requested updates be provided to the Council periodically on the status of the County Road 101 project. Public Works Director Moore reported the County continues to proceed with the final plans. City staff, County staff, and the consultant continue to work on the issues addressed by the Council. The County has completed new traffic counts at County Road 24. He stated in those portions where the turn lanes wouldn't be necessary then the trail would be placed immediately adjacent to the curb. The accesses for Len Busch Roses, the driving range, and Glory of Christ Lutheran Church continue to be reviewed. He stated a meeting with the property owners involved in this project has been conducted. With regard to berms, he stated there would be the possibility to increase the height of the berm along Heather Run. If that would be the case, some smaller trees may have to be removed. The County would be conducting a meeting with the homeowners association to discuss this. Adopted City Council Minutes Regular Meeting of December 7,1999 Page 17 of 17 He stated regarding the right-of-way, the County is very close in identifying the permanent right- of-way. Hopefully, before mid January 2000, the final plans would be approximately 75% completed. Once the right-of-way is determined, the plans would be presented to the Council and the public for comment. He stated the County is also reviewing the staging of construction. Construction would be completed in three stages. There is a remote possibility that construction could begin mid June 2000. Councilmember Johnson thanked Mr. Moore. She appreciates the update as residents have contacted her as to the progress of the project. Councilmember Harstad asked if there has been any discussion on the reconstruction of County Road 101 south of County Road 24. Public Works Director Moore stated to his knowledge, that project has not been moved up on the County's Capital Improvement Program schedule. Mayor Tierney commented she has a packet of information the Councilmembers can review. This packet would be available in the Administration Library. Adjournment Motion Black was made by Councilmember Harstad, and seconded by Councilmember Johnson, to adjourn the meeting at 10:30 p.m. With all members voting in favor, the motion carried. Sandra R. Paulson, City Clerk