Loading...
HomeMy WebLinkAboutCity Council Minutes 07-08-1998ADOPTED MINUTES REGULAR COUNCIL MEETING JULY 89 1998 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 8, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson, Preus, Spigner, Black, and Bildsoe. Councilmember Spigner left the meeting at approximately 9:00 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 3.1 Forum -- Wallace Charles M. Wallace Charles, 3150 East Medicine Lake Blvd., described a problem regarding access to his property. He verified that City staff and the City Attorney are working on this issue. He said that his parcel is 56,000 square feet, which would be enough property for three future platted lots. He requested that three access openings be allowed to the parcel. He would be willing to pay for the cost of two openings to the property. He said the purpose of the fence on the property is to protect people so they do not fall over the new retaining wall. If there was no retaining wall, there would be no fence, and he could have access to his lakeshore property as he has for the past 40 years. Mr. Charles said that discussions are also underway with staff regarding a ramp for using his riding mower on the lakeshore property, as well as an access or ramp to drive his vehicle to the Lakeshore. 3.2 Forum -- Kelli Slavik Kelli Slavik, 5860 Everest Court, presented several concerns relating to the Hans Hagen development at Highway 55 and County Road 24. She said the developer no longer intends to complete the fence on the berm or to provide landscaping on the berm due to cost overruns. She said the developer is disregarding the promises made to the residents and asked if it is possible to withhold licenses or building permits on the property. Ms. Slavik said that during construction of the fence, the landscaping on the berm was removed. The homeowner association paid the expense of replacing trees and shrubs. She said the computer-generated photos shown during the project consideration indicated that the residents were to see very little of the development. However, the grocery store can be seen from every deck and window in the residents' homes. Community Development Director Hurlburt said the photographs were prepared during the site planreview of the development. The photos were not intended to Adopted City Council Minutes July 8, 1998 Page 2 show what could be seen from the residents' homes or decks. The berm is in the process of being completed and permits have been issued for the grocery store and office building. She believes that the berm is in substantial conformance with the plans approved by the City and no buildings can be seen from Medina Road. Kelly Slavik said that neighbors have been told that the roof pitches have been altered from the site plan by the developer, at a savings of $100,000 per roof. She is concerned about other changes that may be made, including amended phasing of the project. She said that residents were informed that the first phase of the project would include the daycare, professional building, and grocery store. The grocery store is nearly ready to open, but the daycare and professional building are not constructed. She said that a large building at the corner of Highway 55 and County Road 24 proposed in the second phase is currently under construction. Ms. Slavik said that construction begins as early as 5:30 a.m., and construction has been a nuisance because of the large trucks, mud, and dust. There is no silt fence to block the blowing dirt, and large trucks park on the residential street. She requested that residents be kept informed of any major changes to the development. Community Development Director Hurlburt said that changes to this planned unit development have been handled with the same public notice process as the original approval. The change in building roof pitch only impacts the fast food use and video store, and a public hearing was held on this issue by the Planning Commission. The changes in roof design were due to mechanical needs of the buildings, and staff felt that the design was improved by the changes. There has been no deterioration in the quality of the proposed buildings, and the buildings nearest the residences have no change in roof pitch. She explained that the applicant was required to submit a phasing plan as part of the original planned unit development approval. The entire project was to be completed within three years, and Phase I was to include the berm along Medina Road which must be completed prior to the grocery store opening. The developer amended the phasing plan to complete everything in a single phase with total project completion within 1'/2 years. This exceeded the Council's requirement regarding phasing which was based on the concern of how long the neighborhood would have construction activity. She said that most of the project will be completed this year, with one or two buildings remaining for construction next year. Director Hurlburt said that some residents believed that the day care and office building had to be constructed prior to the grocery store opening, but this was not required in the approving resolution. The office building is currently under construction, and the only buildings for which a permit has not yet been issued are the gas station, auto service station, and day care. Councilmember Wold suggested that this item could be placed on the agenda for discussion, since the purpose of the Forum is to receive public comment. Adopted City Council Minutes July 8, 1998 Page 3 4 Report on Duty Crew Program Fire Chief Kline reported on the Duty Crew Program which has been in effect since January 1998. He said the program ensures predictable staffing levels for fire call response and reduced response time, provides firefighters with a predictable work schedule, and reduces firefighter committed time by consolidating call response, training, maintenance, and public education obligations. The program was in operation on all 127 weekdays during the past six months with the exception of the Memorial Day holiday, and 35 firefighters participated in the program. During this time, 152 calls for service were received and general alarm was paged for 23 calls. In-service time has been greatly reduced, and total response time has slightly decreased. On average, program participants realized a 77 hour reduction in committed time during the first six months of 1998 compared to the first six months of 1997. Councilmember Black said that she recently received a letter from a resident regarding response time. The resident felt that response time was still quite slow. She asked if the duty crew program has resulted in a reduction in response time for emergencies. Fire Chief Kline said that the recent Evergreen Lane fire was a seven -minute response. This is a good response time for a typical fire and the existing staffing levels. He said that response time has gradually been reduced. The opticon system also helps to reduce response time. He estimated that a 5 to 7 minute average response time is likely with the duty crew program, with a nighttime response of 11 to 12 minutes. These times have been reduced over the past four years. Councilmember Black asked about the response time difference between a paid on-call versus a full-time department. Fire Chief Kline said that response in Minneapolis with a full-time department is probably in the four -minute range. It is difficult to compare because cities have different definitions of "response time." Councilmember Bildsoe suggested that the City Council discuss the future of the fire department at an October study session. Mayor Tierney said that City Councils have periodically held discussions regarding response time, typically following a major fire. Councilmember Bildsoe said that this issue merits discussion, and he would like the Council to consider all alternatives regarding the future of the fire department. Adopted City Council Minutes July 8, 1998 Page 4 Councilmember Preus agreed that this is an important issue and should be considered by the Council. He asked about the view of the firefighters toward the duty crew program. Fire Chief Kline explained that this is the biggest fundamental change that the Plymouth Fire Department has undertaken in the past 25 years. The first few months were difficult; however, frustration and anxiety subsided when the program became voluntary. There has been active participation and no missed shifts for the period of May through July, and the program has generally been well accepted by firefighters who have realized savings in committed time. Councilmember Johnson asked about status of the proposed opticon installations. Public Works Director Moore explained that plans have been approved by the County. Quotations are being received this week, and the project is scheduled to be completed by September 1. Councilmember Black requested that councilmembers notify staff if there are specific alternatives they wish to discuss at the October study session. Councilmember Wold suggested that the study session be held in November, subsequent to the election. 5 Approve Agenda Councilmember Wold requested addition to the agenda of the Hans Hagen development at Highway 55 and County Road 24. Councilmember Preus requested addition of Mr. Charles letter and discussion of procedures for the Plymouth Forum. Councilmember Bildsoe requested addition of an executive session at the end of the regular council meeting regarding pending litigation. Councilmember Bildsoe also asked to briefly comment on Item 6.13 and requested addition of an item regarding storm debris pick up. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the agenda with the addition of all requested items. Motion carried, seven ayes. 6.0 Consent Agenda Items 6.19 and 6.21 were removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the Consent Agenda as amended. Councilmember Bildsoe noted that adoption of Item 6.13 will direct staff to conduct two alcohol compliance checks per year on every liquor license establishment in the City. Adopted City Council Minutes July 8, 1998 Page 5 Mayor Tierney requested that with regard to Item 6.17, a letter be sent to the Mayor and City Council of Orono thanking them for working with the City of Plymouth on the Ferndale Road project. Motion carried, seven ayes. 6.1 Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the minutes of the May 6 regular council meeting and the June 24 regular council meeting. Motion carried, seven ayes. 6.2 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-395 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 26,1998. Motion carried, seven ayes. 6.3 Renewal of 3.2 Liquor Licenses Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-396 APPROVING DESIGNATION OF LIQUOR ESTABLISHMENT OPERATING MANAGERS. Motion carried, seven ayes. 6.4 Brook Park Realty, LLP. (97089—F) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-397 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BROOK PARK REALTY, LLP FOR SANDPIPER PONDS" LOCATED SOUTHEAST OF FERNBROOK LANE AND 43" AVENUE NORTH (97089-F). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-398 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8025, SANITARY SEWER AND WATERMAIN AREA, SANDPIPER PONDS. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-399 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8029, SANDPIPER PONDS, FERNBROOK LANE DEFERRED ASSESSMENTS. Motion carried, seven ayes. Adopted City Council Minutes July 8, 1998 Page 6 6.5 Laurent Development, Inc. (97133—F) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-400 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LAURENT DEVELOPMENT, INC. FOR "SILVERTHORN 4TH ADDITION" LOCATED SOUTH OF THE SOO LINE RAILWAY, WEST OF FERNBROOK LANE AND EAST OF VICKSBURG LANE (97133—F). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-401 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8027, SANITARY SEWER AND WATERMAIN AREA, SILVERTHORNE 4TH ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-402 ADOPTING ASSESSMENTS, CITY PROJECT NO. 9007, SCHMIDT LAKE ROAD CONCRETE CURB AND GUTTER AND MINNESOTA LANE STREET IMPROVEMENTS, SILVERTHORNE 4TH ADDITION. Motion carried, seven ayes. 6.6 Messiah United Methodist Church (98028) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-403 APPROVING CONDITIONAL USE PERMIT AMENDMENT AND SITE PLAN AMENDMENT FOR MESSIAH UNITED METHODIST CHURCH, LOCATED AT 17805 COUNTY ROAD 6 (98028). Motion carried, seven ayes. 6.7 Carlson Real Estate Company (98102) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-404 APPROVING CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE FOR PROPERTY LOCATED AT 1405 XENIUM LANE NORTH (98102). Motion carried, seven ayes. 6.8 Grandma's Restaurant Company (98085) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-405 APPROVING A SIGN VARIANCE FOR GRANDMA'S RESTAURANT FOR PROPERTY LOCATED AT 3000 HARBOR LANE (98085). Motion carried, seven ayes. 6.9 Centex Homes (98092) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-406 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CENTEX HOMES FOR "CONOR MEADOWS PLAT THREE" LOCATED SOUTH OF SCHMIDT LAKE ROAD AND EAST OF PEONY LANE (98092). Motion carried, seven ayes. Adopted City Council Minutes July 8, 1998 Page 7 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-407 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8028, SANITARY SEWER AND WATERMAIN AREA, CONOR MEADOWS, PLAT THREE. Motion carried, seven ayes. 6.10 Marvin H. Anderson Construction Co. (98093) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-408 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR MARVIN H. ANDERSON CONSTRUCTION CO. FOR "FERNBROOK WOODS 4TH ADDITION" LOCATED SOUTHWEST OF FERNBROOK LANE AND SCHMIDT LAKE ROAD (98093). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-409 ADOPTING ASSESSMENTS, CITY PROJECT NO. 8026, SANITARY SEWER AND WATERMAIN AREA, FERNBROOK WOODS 4TH ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-410 ADOPTING ASSESSMENTS, CITY PROJECT NO. 9007, SCHMIDT LAKE ROAD CONCRETE CURB AND GUTTER, FERNBROOK WOODS 4TH ADDITION. Motion carried, seven ayes. 6.11 Freedom Value Center Construction Agreement Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-411 APPROVING AN AGREEMENT FOR BUILDING CONSTRUCTION AT 4140 BERKSHIRE LANE NORTH. Motion carried, seven ayes. 6.12 Amendment to the 1998 Compensation and Classification Plan Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-412 APPROVNG AMENDED GRADES, ADDITIONAL TITLES AND ENHANCED SALARY RANGES FOR INFORMATION TECHNOLOGY POSITIONS. Motion carried, seven ayes. 6.13 Alcohol Compliance Checks Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-413 SETTING POLICY REQUIRING A MINIMUM NUMBER OF ALCOHOL COMPLIANCE CHECKS AT EACH LICENSED ESTABLISHMENT. Motion carried, seven ayes. Adopted City Council Minutes July 8, 1998 Page 8 6.14 Accept $500 from League of Minnesota Cities Motion was made by Councilmember Spigner, seconded by Councilmember Black, to accept $500 from League of Minnesota Cities Conference Drawing. Motion carried, seven ayes. 6.15 4 Down Skate Park (98080) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-414 APPROVING CONDITIONAL USE PERMIT 4 DOWN SKATE PARK TO ALLOW ACCESSORY ENCLOSED RETAIL ACTIVITIES AT 2735 CHESHIRE LANE NORTH (98080). Motion carried, seven ayes. 6.16 J. Robert Paulson (98105) Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-415 APPROVING LOT DIVISIONILOT CONSOLIDATION FOR J. ROBERT PAULSON FOR PROPERTY LOCATED AT LTOS 4 AND 5, BLOCK 6, SUNNY ACRES SECOND ADDTION (98105). Motion carried, seven ayes. 6.17 Agreement With Orono, City Project No. 6007 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-416 APPROVING COOPERATIVE AGREEMENT, FERNDALE ROAD IMPROVEMENTS, CITY OF PLYMOUTH AND CITY OF ORONO, PLYMOUTH CITY PROJECT NO. 6007. Motion carried, seven ayes. 6.18 Order Public Hearing, Right–of–Way Vacation Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-417 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF KIMBERLY LANE STREET RIGHT-OF-WAY, WINNEN ADDITION. Motion carried, seven ayes. 6.20 Concrete Curb and Gutter Assessment, City Project No. 9007 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-418 ADOPTING ASSESSMENTS, CITY PROJECT NO. 9007, SCHMIDT LAKE ROAD CONCRETE CURB AND GUTTER, FERNBROOK WOODS, 3P -D ADDITION. Motion carried, seven ayes. 6.22 Ice Center—Reduction in Retainage for Ben Franklin Electric Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 98-419 APPROVING RELEASE OF RETAINAGE FOR BEN FRANKLIN ELECTRIC. Motion carried, seven ayes. Adopted City Council Minutes July 8, 1998 Page 9 7.1 Off—Sale 3.2 Malt Liquor License for Fleming Companies, Inc. City Clerk Ahrens presented the staff report on the application of Fleming Companies, Inc., d/b/a Rainbow Foods, 16705 County Road 24, for an off -sale 3.2 malt liquor license. Mayor Tierney opened the public hearing at 7:57 p.m. Terri Huml was present representing Rainbow Foods. The hearing was closed. Motion was made by Councilmember Preus, seconded by Councilmember Black, to adopt RESOLUTION 98-420 APPROVING OFF—SALE 3.2 MALT LIQUOR LICENSE FOR FLEMING COMPANIES, INC., 16705 COUNTY ROAD #24. Motion carried, seven ayes. 7.2 Off—Sale 3.2 Malt Liquor License for Holiday Stationstore #303 City Clerk Ahrens presented the staff report on the application of Holiday Stationstores, Inc., d/b/a Holiday Stationstore #303, 9700 Betty Crocker Drive. Mayor Tierney opened the public hearing at 7:59 p.m. Councilmember Black said that she voted in favor of Item 7.1 because it is a grocery store. She will abstain from voting on this application since it is a place of business that caters to the driving public. Councilmember Johnson noted that individuals would likely drive to purchase alcohol no matter from which type of business it is purchased. Councilmember Black explained that the primary purpose of the businesses are different. The purpose of a convenience/gasoline service station is to serve the driving public, and she believes it is inappropriate to sell alcohol at this type of business. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-421 APPROVING OFF—SALE 3.2 MALT LIQUOR LICENSE FOR HOLIDAY STATIONSTORE #303,9700 BETTY CROCKER DRIVE. Motion carried: six ayes; Black abstained. 8.1 Proposed District 281 Youth Center Brad Brown, 10220 31" Avenue North, represented School District 281. He presented information on a proposed District 281 Youth Center. He described developmental assets that young people need to successfully navigate their way to adulthood and introduced representatives of the District 281 Community Ahead group. Adopted City Council Minutes July 8, 1998 Page 10 Peter Elwell and Wokie Daboh, co-chairs of the Youth Center Project Team, described the proposed Youth Center. This is a collaboration of School District 281, community and civic organizations, local government, businesses, and area youth. Partners to date include Robbinsdale Area Redesign, District 281, Annex Teen Clinic, Community Ahead, and Volunteers in Action. North Memorial Community Foundation has expressed strong interest in serving as fiscal agent for the Youth Center. Ms. Daboh said that the keys to success of the Youth Center are student leadership, student ownership, and student governance. Mr. Elwell said the vision of the youth center is "A fun and active place for teens to serve and to be served." He described activities proposed for the facility. Mayor Tierney asked about a proposed location. Mr. Elwell said that various alternatives are being considered. Ms. Daboh added that the desired location would be central for both District 281 high schools and on a bus line. Councilmember Johnson volunteered to participate in this effort. 8.2 Tobacco License for Arkady's Market City Clerk Ahrens said that on April 15, 1998, the City Council denied a tobacco license for Arkady's Market, 3435 Highway 169, with the provision that Arkady's may submit reapplication for a license to be effective January 1, 1999. Faina Albert, the owner of Arkady's Market, has requested that the City reconsider the denial of the tobacco license. She has submitted a letter outlining her request, as well as a petition. Ms. Albert indicates that as a result of the Council's decision, the store has lost most of their convenience store business. Sales have decreased drastically, and numerous complaints from customers have been received. Public Safety Director Gerdes has indicated that since the compliance check on March 26, 1998, and Council action of April 15, 1998, Arkady's has removed all tobacco products from the store and been in compliance. Arkady's Market has also passed the recent series of alcohol compliance checks. In response to a question by Councilmember Johnson, Director Gerdes said that tobacco sales ended on March 26 as the result of the compliance check. He recommended that Arkady's be allowed to reapply for a license in late August. Councilmember Wold said that this licensee has had two violations. He asked what has changed to indicate that the applicant will start complying with the law. Public Safety Director Gerdes said that Arkady's has been without a license for a significant period of time. He said that the City wants to gain compliance. He believes that this is one of the most serious sanctions that has ever been issued with regard to a tobacco license, and he believes that compliance will be achieved. Adopted City Council Minutes July 8, 1998 Page 11 Councilmember Johnson asked if a monetary penalty was imposed against the licensee. Public Safety Director Gerdes said that no fee was imposed for sale to a minor or selling without a license. Instead, the Council opted to not allow Arkady's to receive a license. Svetlana Maveyeva, 3945 Lancaster Lane #332, spoke on behalf of Arkady's Market. Faina Albert was also present to answer questions. Councilmember Johnson asked if customers who signed the petition were aware of the reason that Arkady's was unable to sell tobacco. Ms. Maveyeva said that customers were made aware of the reasons that Arkady's could not sell tobacco, but the customers are frustrated. She explained that customers typically purchase a number of items in addition to cigarettes, and many have taken their business elsewhere. The business may have to close or to change its focus to a specialty store unless cigarettes can be sold. The adjacent liquor store has also experienced a drop in business. She said that Arkady's Market understands their mistake and feels that they have been punished enough. She said that if the license was not in the process of being renewed, Arkady's may have received a monetary penalty from the Council and been allowed to remain open. Councilmember Johnson said that she understands the issues relating to the delay in obtaining their license, but noted that the store also failed a compliance check. The Council imposed a nine-month penalty, but there was some consideration of a one-year penalty. She does not want to send a message to other businesses that the Council will back down from penalties which they have imposed. She said this issue is directly against youth asset building, and the City Council has sent the message that Plymouth is tough on the issue of tobacco sales to minors. Ms. Maveyeva said that they accept all responsibility for the violations which occurred. She stated that there were coincidences of the compliance check occurring at the same time the license renewal was in progress, not receiving a renewal notice, several break-ins by youth who were frustrated when sales were refused, and the compliance check purchaser looked much older than 18 years. Mayor Tierney asked what plans will be implemented so that sales to minors will not occur again. Ms. Maveyeva said that everyone working in the store will be fully informed of the law and consequences for selling to minors, and it will not occur again. Every customer will be carded to ensure they are of legal age to purchase tobacco. Adopted City Council Minutes July 8, 1998 Page 12 Councilmember Black said that if the Council allows Arkady's to reapply for a tobacco license in August, they would not get their license until approximately September 1. They would then be issued a four-month license and would need to reapply in November for the license effective January 1, 1999. Since the license would be issued for a relatively short period of time and can be monitored, she will support the staff recommendation to allow Arkady's to reapply in August. Councilmember Bildsoe noted that Arkady's certificate of compliance under the workers compensation law indicates that there are no employees. Ms. Maveyeva said that only family members will work in the store. Councilmember Bildsoe asked if Public Safety would work with the employees on training relating to compliance issues. Public Safety Director Gerdes responded that the information is available from the Public Safety Department, and training is provided at request to all liquor and tobacco licensees. Councilmember Preus asked what percent of Arkady's customers purchase cigarettes. Ms. Maveyeva said that Arkady's has an international deli and serves American and Russian customers. She estimated that 60 to 70 percent of the customers purchase cigarettes. In response to a question from Mayor Tierney, Ms. Maveyeva said that Arkady's decided not to apply for renewal of the off -sale 3.2 malt liquor license because it did not generate enough sales to support the license, and there is an adjacent off -sale intoxicating liquor store. Councilmember Spigner asked Ms. Maveyeva to address the issue of how the business has been negatively impacted with regard to the food distributors. Ms. Maveyeva responded that the major food distributors require a $300 minimum order for delivery. Arkady's typically meets this minimum with cigarettes included in the order and has been unable to meet this minimum on a regular basis. She added that the Highway 169 construction and minimal access to the business has also hindered business. She said the business cannot survive without cigarette sales. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-422 AMENDING RESOLUTION 98-252 REGARDING DENIAL OF TOBACCO LICENSE FOR ARKADY'S MARKET. Adopted City Council Minutes July 8, 1998 Page 13 Councilmember Preus said he is adamently opposed to cigarettes, but is convinced that Arkady's has learned their lesson. The City's goal is to have compliance, and the impact of a penalty is different for each type and size of business. Councilmember Bildsoe said that Arkady's Market had two violations. He would have supported a one-year suspension of the license and continues to support the previously imposed violation. He said that it sets an example to everyone of the Council's position. Councilmember Johnson said that she would also have supported a full year suspension of the license and does not wish to reduce the penalty. Councilmember Preus noted that the percentage of Arkady's Market customers who purchase cigarettes is extremely high. The business serves Russian customers who tend to smoke much more than the general population, and he believes there is a cultural element involved. He said that it is not the responsibility of the licensee to change the habits of their customers. Councilmember Black said that the City Council has the ability to amend the penalty, and the City can do compliance checks to ensure that they comply with the laws. Councilmember Bildsoe said that while he understands that there is a cultural element involved, he believes that people living in Plymouth need to abide by Plymouth laws and rules. The Council should not allow one group to do things differently because they are of a different culture. He believes it needs to be fair. Councilmember Wold said that he takes no pleasure in this issue and will continue to support the imposed penalty. Motion carried: Preus, Spigner, Black, and Tierney ayes; Bildsoe, Wold, and Johnson nays. Mayor Tierney called a five minute recess. Councilmember Spigner left the meeting. 8.3 GEM Enterprises, Inc. (98073) Community Development Director Hurlburt stated that on June 24, the City Council tabled the proposed amendments to the Zoning Ordinance relating to permitted uses in the C-2 and C-4 Districts and directed staff to prepare a third alternative that would allow furniture stores by conditional use permit in the C-2 Zoning District. The alternative ordinance provides that furniture stores in this District would have to be less than 5,000 square feet and have access to an intermediate arterial roadway, in addition to meeting the general conditions. The conditions are consistent with the Planning Commission discussion and the staff Adopted City Council Minutes July 8, 1998 Page 14 recommendation to not allow furniture stores in C-2 Districts that are surrounded by residential uses. Jerry Kennedy, the applicant, was available for questions. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt ORDINANCE 98-23 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21 SECTION 21005 DEFINITIONS), SECTION 21460 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT), SECTION 21470 (C-4, COMMUNITY COMMERCIAL DISTRICT) OF THE PLYMOUTH CITY CODE (98073), and RESOLUTION 98-423 APROVING FINDINGS OF FACT FOR AMENDING SECTION 21005 (DEFINITIONS) , SECTION 21460 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT), SECTION 21470 (C-4, COMMUNITY COMMERCIAL DISTRICT) OF THE PLYMOUTH CITY CODE (98073). Motion carried: Bildsoe, Johnson, Preus, Black, and Tierney ayes; Wold nay; Spigner absent. 8.4 HRA Vacancy Assistant Manager Lueckert announced that Patrick Pelstring has resigned from the Housing and Redevelopment Authority (HRA). She presented appointment options and asked how the Council wished to fill the vacancy. Councilmember Black recommended that the vacancy be filled on an interim basis until the board and commission appointment process is conducted in the fall. City Attorney Knutson said that the HRA, unlike other commissions, is an independent body pursuant to statute. The appointment must be made for the established or unexpired term of office, and the City Council cannot remove someone from office once they are appointed. He said that according to statute, the Mayor must officially nominate the individual selected to fill the vacancy. This term runs through 2002. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to appoint Tim Bildsoe to fill the vacancy on the HRA. Councilmember Wold said that this motion is out of order. He noted that the Mayor must officially nominate the individual to fill the vacancy. The Council could vote to recommend someone to the Mayor for nomination. Councilmember Johnson withdrew the motion. Adopted City Council Minutes July 8, 1998 Page 15 Councilmember Wold requested that the Mayor nominate Tim Bildsoe to fill the unexpired term on the HRA. Mayor Tierney said that she appreciates Councilmember Bildsoe's willingness to serve on the HRA and believes he would do a fine job. However, she suggested that the City Council should philosophically consider whether there should be two councilmembers on the HRA. Community Development Director Hurlburt explained that at the inception of the Plymouth HRA, the City Council sat as the members. In later years, there was at least one councilmember on the HRA. Councilmember Black said that Patrick Pelstring's financial expertise was extremely valuable to the HRA, and she strongly supported appointment of Tim Bildsoe for similar reasons. Councilmember Preus stated no objection to having two councilmembers serve as HRA Commissioners. He suggested that the Mayor recommend Tim Bildsoe to fill the vacancy. Councilmember Johnson agreed with the Mayor that appointment of two councilmembers would be a philosophical shift. However, she supports the appointment of two councilmembers to the HRA because it would result in a more educated Council on issues that are recommended by the HRA with final action by the City Council. Mayor Tierney nominated and moved to appoint Tim Bildsoe to fill the HRA term to expire January 31, 2002. Motion seconded by Councilmember Johnson. Attorney Knutson explained that the Council can appoint a councilmember for the unexpired HRA term or for a term to coincide with their term in office. Motion carried, six ayes; Spigner absent. 8.5 (6.21) Council Study Session Councilmember Preus addressed the proposed topics for an upcoming special council meeting. He believes that Council study sessions are moving away from the Council's intent to study specific issues in depth when needed and becoming routine monthly meetings to discuss various issues of interest to individual Councilmembers. He believes that only the Council's goals and objectives should be discussed at the proposed July 15 study session. Mayor Tierney agreed that the Council goals and objectives are important due to the upcoming budget process. She suggested that the goals and objectives and Adopted City Council Minutes July 8, 1998 Page 16 discussion on the Audit Report could be part of the budget study sessions. She believes that the City Council also needs an update on LifeTime Fitness issues. Councilmember Johnson said that she may not be able to attend the July 15 proposed study session but will attempt to make arrangements to teleconference. She believes that all of the issues proposed for the study session are important and merit discussion. She believes it is important to discuss philosophical and policy issues at study sessions so they do not take regular meeting time. Councilmember Preus said that topics appropriate for study sessions should be items that need study in order for the Council to take action. As an example, he noted that the Council has already accepted the Audit Report and no further action is needed by the Council. Councilmembers can read the report and direct questions to staff. Mayor Tierney asked if the Council's goals and objectives update and audit report could be incorporated into the first budget session. City Manager Johnson said that the Council has scheduled two budget study sessions. He said it is the Council's discretion whether to meet with the auditors to discuss the Audit Report. Councilmember Black expressed concern that study sessions have become regular monthly meetings, rather than meetings called when a topic requires Council study for action. She is concerned about the amount of staff and Council time expended at study sessions. She would like more time to meet with constituents, and it is misleading to Council candidates to indicate that there are two official meetings per month, when the Council actually conducts three or four regularly scheduled meetings. Councilmember Bildsoe suggested that interested Councilmembers could meet with LifeTime Fitness officials at 6 p.m. on July 22 prior to the regular Council meeting. He suggested that Councilmembers contact the Auditors with any questions on the Audit Report. Councilmember Wold suggested that the City Court issue be forwarded to the Public Safety Advisory Board for a recommendation to the Council. Councilmember Black suggested that the August 20 meeting begin at 6 p.m. rather than 7 p.m. to accommodate discussion of goals and objectives. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to direct Councilmembers to contact the auditors with any questions on the Audit Report, to add the Council's goals and objectives to the budget study sessions, to establish a special meeting at 6 p.m. on July 22 for discussion of LifeTime Fitness Adopted City Council Minutes July 8, 1998 Page 17 issues, to refer City Court issue to the Public Safety Advisory Board, and to amend the August 20 budget study session to begin at 6 p.m. Motion carried, six ayes; Spigner absent. 9.1 Pedestrian Crossing Report Public Works Director Moore explained that Councilmember Johnson had requested a staff report on pedestrian crossings at three locations: 36th Avenue at Armstrong High School, Northwest Boulevard at West Medicine Lake Drive, and Northwest Boulevard at Plymouth Creek (between Xenium Lane and West Medicine Lake Drive). The City also received a letter from the Plymouth Creek Elementary School principal concerning the pedestrian crossing on Vicksburg Lane at 41 St Avenue. As part of establishing this crosswalk in 1993, flashing beacons were installed which lower the speed limit in the area of the crosswalk during time when children are arriving or leaving the school. The school district also was to establish a school patrol to assist the children in safely crossing the street. Vicksburg Lane is one of the main transportation arteries across the City. It is because of this major transportation route adjacent to the school that the school has an adopted policy that all students must ride the bus to school and are not allowed to walk to school. It has been suggested that a pedestrian traffic signal be installed at Vicksburg Lane and 41St Avenue. Any signal for a pedestrian crossing at 41" Avenue would also have to control traffic on 41" Avenue. This is a residential street and will not satisfy warrants for establishing traffic signals. One block to the north of the intersection, there is an existing all -way stop at Old Rockford Road. The City has also constructed off-road trails on both sides of Vicksburg Lane between 41 st Avenue and Old Rockford Road. In the future as traffic continues to increase, it is likely that a signal will be warranted at this intersection. Director Moore recommended that the school should either close the campus in accordance with their adopted policy and not allow students to walk to school or move the school crossing patrol to Old Rockford Road and require any students given permission to walk to school to cross at this location where there is an existing all -way stop. Director Moore said that the City Council recently revised the Trail/Sidewalk Plan to provide for an off-street walk on the north side of 36th Avenue from Zachary Lane to Pilgrim Lane. It has been recommended that the Council authorize the preparation of plans for this walk. The school district is also constructing a sidewalk adjacent to their driveway entrance, and this would be an appropriate location to establish a pedestrian crosswalk on 36th Avenue. The crosswalk should be marked with appropriate warning signs for motorists, as well as the regulatory sign at the crosswalk that vehicles must stop for pedestrians. Enforcement of the crosswalk should be undertaken, especially during school hours. Director Moore described two other locations, Northwest Blvd. and West Medicine Lake Drive, and West Medicine Lake Drive and Plymouth Creek. In Adopted City Council Minutes July 8, 1998 Page 18 both 1995 and 1996, the City had the County do an analysis of the West Medicine Lake Drive and Northwest Blvd. intersection for the need for a traffic signal. The analysis indicated that this intersection did meet warrants for a traffic signal, but it did not meet the priority factor for funding. Staff recommends that the City again request that the County install a traffic signal at this location. It is likely that the City will have to pay the entire cost of the signal, rather than 75 percent of the cost. He said that the existing pedestrian crossing at Plymouth Creek does not have warning signs for motorists, and there is not a marked crosswalk on the road surface. Staff recommends that the City request that the County install the appropriate pedestrian crossing signs and mark a crosswalk on the road surface. Councilmember Johnson said that the residents near 36th Avenue and Armstrong High School have requested a flashing light at the pedestrian crossing. She asked staff to address the cost. Public Works Director Moore estimated the cost at $10,000 to $20,000. He said that there is a question of the effectiveness of flashing lights, particularly at this location. It may be difficult to have pedestrians cross at the crosswalk, and this age group should be able to make the proper decision about when to cross the street. Councilmember Johnson said that this location is difficult for pedestrian crossing in the winter due to piled snow. She said that residents want the trail and entrance to the school plowed, as well as a flashing light at the crossing. She supports the flashing light since it has been requested by the neighborhood. Councilmember Black asked if discussions have been held with the school district regarding installation of the flashing light. Director Moore responded that the school district is installing a three -lane driveway and adjacent sidewalk which will provide an appropriate place for a crosswalk. The City has had no discussions with the school district regarding a flashing light. He said that the middle school has a crossing at Pilgrim Lane which is an all -way stop intersection, but there is no walkway along the southerly side of 36th Avenue in front of the high school. Councilmember Bildsoe said that residents' most frequent complaints relate to traffic safety issues. He said that the City builds trails for pedestrians, but he does not believe that adequate crossings are provided. He said the area near Plymouth Creek Elementary School is very concerning because children are arriving and leaving school and this is very near the City Center area where the City is encouraging traffic. Councilmember Bildsoe said that he does not support flashing lights for pedestrian crossings because it creates a false sense of security. He would like to meet with the City Engineer, school representatives, and parents to discuss alternatives to make these areas adjacent to schools safer for children. Adopted City Council Minutes July 8, 1998 Page 19 Mayor Tierney suggested that a comprehensive consideration of crosswalk issues throughout the City is needed. Motion was made by Councilmember Johnson, seconded by Mayor Tierney, to suspend the rules and extend the meeting to 10:30 p.m. Motion carried: Bildsoe, Wold, Johnson, and Tierney ayes; Preus and Black nays; Spigner absent. Motion was made by Councilmember Preus, seconded by Councilmember Black, to move to the next agenda item. Motion carried: five ayes; Bildsoe nay. 9.15 (6.19) Trail Improvements, Project 8021 Councilmember Johnson suggested that the Council consider installing a flashing light at 36th Avenue near Armstrong High School with funding from the aggressive skate park funds. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 98-424 RECEIVING PRELIMINARY ENGINEERING REPORT ORDERING PLANS AND SPECIFICATIONS, 1998 TRAIL IMPROVEMENTS, CITY PROJECT NO. 8021, with the amendment to add a flashing light at 36th Avenue and Armstrong High School driveway with funding from the skatepark fund. Councilmember Black said that she supports making pedestrian crossings safer and will support the flashing light since no other viable alternatives have been identified. In response to a question from Councilmember Bildsoe, Manager Johnson said that funding is from the Park Dedication Fund and the City would be reallocating funds from a previously approved project. Mayor Tierney expressed concern about installing the flashing light if the effectiveness is questionable. She suggested that a comprehensive review of pedestrian crossings should first be done to determine the best way to proceed. Councilmember Johnson asked if there would be economic benefit to install the flashing light in conjunction with the trail and school driveway. Director Moore responded that there would be no impact on the school driveway. The City could consider the appropriate places for installing conduit under the trail during construction. Councilmember Preus agreed with Mayor Tierney that the Council should consider the comprehensive issue rather than try to quickly solve the pedestrian crossing problem in one location. Adopted City Council Minutes July 8, 1998 Page 20 Motion to amend was made by Mayor Tierney, seconded by Councilmember Black, to eliminate the flashing light and refer the pedestrian crossing issue to a subcommittee consisting of Councilmembers Bildsoe, Johnson, and Black; Mayor Tierney, and staff. Motion to amend carried: Bildsoe, Wold, Black, Preus, and Tierney ayes; Johnson nay; Spigner absent. Motion to amend was made by Councilmember Black, seconded by Councilmember Johnson, to install conduit along with the trail construction so there is an option to install a flashing light in the future. Motion to amend carried, six ayes, Spigner absent. Main motion carried, six ayes, Spigner absent. 9.2 Charter Commission Supermajority Alternative Language Assistant Manager Lueckert reported that on June 16, the Charter Commission met to consider the alternative language adopted by the City Council on May 20 relating to the issue of a supermajority requirement for a tax rate increase. The Charter Commission recommended the language on a vote of 8 to 1. She said that the Council's proposed action is fairly ministerial -- to receive the report of the Charter Commission, to adopt a resolution calling for an election on the Charter amendment on the November ballot, and to approve the form of the ballot. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to receive the report of the Plymouth Charter Commission on the Alternative Supermajority Language, and adopt RESOLUTION 98-425 CALLING FOR AN ELECTION ON A CHARTER AMENDMENT and approving ballot language. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to divide the vote. Motion carried, six ayes; Spigner absent. Vote on the motion to accept the report carried, six ayes; Spigner absent. Councilmember Preus stated that he will vote against the resolution. He believes that the original supermajority proposal was correct, and if it cannot be done correctly, it should not be adopted. Councilmember Johnson said that she believes additional time and study has improved the supermajority vote proposal. Vote on motion to adopt Resolution 98-425 and approve ballot language carried: Bildsoe, Johnson, Black, and Tierney ayes; Wold and Preus nays; Spigner absent. Adopted City Council Minutes July 8, 1998 Page 21 Motion was made by Councilmember Preus, seconded by Councilmember Black, to close the meeting for discussion of pending litigation and to postpone the remaining agenda items to the next regular meeting. Motion carried, six ayes. The meeting was closed to executive session to discuss pending litigation at 10:18 p.m. The following were present for this discussion: Mayor Tierney; Councilmembers Bildsoe, Wold, Johnson, Preus, Black; City Manager Johnson, and City Attorney Knutson. The meeting was adjourned at 10:30 p.m. ) LYtuie Ahrens City Clerk