HomeMy WebLinkAboutCity Council Minutes 09-02-1998ADOPTED MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 2, 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 September 2, 1998.
Mayor Tierney asked for a moment of silence in memory of Street Maintenance Worker
Al Elam. John Wenner announced that Al's coworkers are establishing a memorial.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Johnson, Preus, Spigner,
Black, and Bildsoe.
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 Forum
No one appeared for the Plymouth Forum.
4.1 Awards of Excellence for National Night Out Programs
Public Safety Education Specialist Cwayna and Crime Free Multi -Housing
Officer Streachek described the National Night Out Awards of Excellence and
thanked the 77 groups that participated in the event. Awards were presented to
the Lakeview Commons Apartment Community and to the Brad and Tracy
Newell family.
4.2 Primary Election, September 15
City Clerk Ahrens presented information on the State Primary Election,
September 15, 1998. She also noted that filings are open until September 8 for
four City Council positions.
5 Approve Agenda
Mayor Tierney requested the addition of agenda items regarding Northwest
Plymouth, the Subcommittee on Pedestrian Crossings, and a report on the I-494
Corridor meeting.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to approve the agenda as amended. Motion carried, seven ayes.
Adopted City Council Minutes
September 2, 1998
Page 2
6 Consent Agenda
Items 6.4, 6.5, and 6.12 were removed from the Consent Agenda.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt the Consent Agenda as amended.
Councilmember Spigner entered a "nay" vote on Item 6.3.
Councilmember Johnson noted that an item on the consent agenda will deny the
application by Centres Group for a proposed theater on Nathan Lane.
Councilmember Black thanked residents for their phone calls and correspondence
on this issue.
Councilmember Bildsoe complimented staff on the 1997 Financial Trend Report.
He directed staff to include a comparison of other cities as to property tax
revenues as a percentage of general fund revenue and trends in department
spending in future reports.
Motion carried, seven ayes.
6.1 Approve Minutes
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to approve the proposed minutes for the August 20 and 26 special meetings.
Motion carried, seven ayes.
6.2 Approve Disbursements
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-522 APPROVING DISBURSEMENTS FOR
THE PERIOD ENDING August 21,1998. Motion carried, seven ayes.
6.3 The Rottlund Company, Inc., The Village at Bassett Creek (97080-F)
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-523 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR THE ROTTLUND COMPANY, INC.
FOR "THE VILLAGE AT BASSETT CREEK" LOCATED IN THE
NORTHWEST QUADRANT OF HIGHWAY 55 AND REVERE LANE
97080—F). Motion carried: six ayes; Spigner nay.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-524 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 8032, SANITARY SEWER AND WATERMAIN AREA,
THE VILLAGE AT BASSETT CREEK. Motion carried: six ayes; Spigner nay.
Adopted City Council Minutes
September 2, 1998
Page 3
6.6 Robbinsdale Area Schools District 281 (98124)
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-525 APPROVING SITE PLAN AMENDMENT
TO ALLOW CONSTRUCTION OF A SERVICE BUILDING AT
ARMSTRONG HIGH SCHOOL, 10635 36TH AVENUE NORTH (98124).
Motion carried, seven ayes.
6.7 Lundgren Bros. Construction, Inc. (98128—F)
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-526 APPROVING FINAL PLAT FOR
LUNDGREN BROTHERS CONSTRUCTION, INC. FOR "PLUM TREE
EAST 2" ADDITION" FOR PROPERTY LOCATED NORTH OF OLD
ROCKFORD ROAD, SOUTH OF THE SOO LINE RAILWAY, EAST OF
PEONY LANE, AND WEST OF HOLLY LANE (98128—F). Motion carried,
seven ayes.
6.8 City Code Amendment Regarding Traffic Site Visibility Triangles (98140)
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt ORDINANCE 98-28 AMENDING THE PLYMOUTH CITY
CODE, BY AMENDING CHAPTER 20, NUISANCES; GENERAL (98140).
Motion carried, seven ayes.
6.9 Centres Group, Ltd. Regal Cinemas and a Freestanding restaurant (98120)
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-527 DENYING A LAND USE GUIDE PLAN
AMENDMENT, REZONING, PRELIMINARY PLAT, AND PUD
GENERAL PLAN FOR CENTRES GROUP PLYMOUTH, LTD. FOR
PROPERTY LOCATED ON THE EAST SIDE OF NATHAN LANE AND
THE NORTH SIDE OF 45TH AVENUE (98120). Motion carried, seven ayes.
6.10 1997 Financial Trend Report
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to accept the Financial Trend Report for calendar year 1997. Motion carried,
seven ayes.
6.11 City Code Amendment Regarding Curfew
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt ORDINANCE 98-29 AMENDING SECTION 925 OF THE
PLYMOUTH CITY CODE CONCERNING CURFEW. Motion carried,
seven ayes.
Adopted City Council Minutes
September 2, 1998
Page 4
6.13 Authorization to Enter into Agreement for Automated Pawn System
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to authorize the City Manager to enter into an agreement with Minneapolis Police
Department for their automated pawn system. Motion carried, seven ayes.
6.14 Change Order No. 4, Parking Lot Expansion at Recreation Center
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-528 APPROVING CHANGE ORDER NO. 4,
FOR BEN FRANKLIN ELECTRIC. Motion carried, seven ayes.
6.15 Reduction in Required Financial Guarantee
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-529 REDUCING REQUIRED FINANCIAL
GUARANTEE, NANTERRE ADDITION (94093). Motion carried, seven
ayes.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-530 REDUCING REQUIRED FINANCIAL
GUARANTEE, ANNAPOLIS DEPOT ADDITION (96153). Motion carried,
seven ayes.
6.16 Payment 5 and Final, Westbranch 3'd Addition Phase II, Project No. 4015
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-531 REQUEST FOR PAYMENT NO.5 AND
FINAL WESTBRANCH 3RD ADDITION — PHASE II, UTILITY AND
STREET IMPROVEMENTS, CITY PROJECT NO. 4015. Motion carried,
seven ayes.
6.17 Silverthorne 4" Addition and Conor Meadows Street Light Projects
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-532 DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT, STREET LIGHTING,
SILVERTHORNE 4TH ADDITION. Motion carried, seven ayes.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-533 RECEIVING REPORT AND ORDERING
PROJECT, STREET LIGHTING, SILVERTHORNE 4TH ADDITION.
Motion carried, seven ayes.
Adopted City Council Minutes
September 2, 1998
Page 5
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-534 DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT, STREET LIGHTING,
CONOR MEADOWS PLAT TWO AND THREE. Motion carried, seven ayes.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-535 RECEIVING REPORT AND ORDERING
PROJECT, STREET LIGHTING, CONOR MEADOWS PLAT TWO AND
THREE. Motion carried, seven ayes.
6.18 Vacation of Schmidt Lake Road within Tyrell Eighth Addition
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-536 ORDERING PUBLIC HEARING ON THE
VACATION OF SCHMIDT LAKE ROAD STREET RIGHT-OF-WAY,
TYRELL EIGHTH ADDITION. Motion carried, seven ayes.
6.19 Vacation of Easements, Westminster Addition
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-537 ORDERING PUBLIC HEARING ON THE
VACATION OF EASEMENT RIGHTS FOR DRAINAGE AND UTILITY
PURPOSES AND PART OF A DRAINAGE AND UTILITY EASEMENT
ADJACENT V2 OF VACATED STREET AND LOT 1, BLOCK 2,
WESTMINSTER ADDITION. Motion carried, seven ayes.
6.20 Hennepin County Waste Delivery Agreement
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-538 HENNEPIN COUNTY WASTE
DELIVERY AGREEMENT. Motion carried, seven ayes.
7.1 Assessment Hearing for Delinquent Utility Charges
Finance Director Hahn presented the staff report on the assessment hearing on
delinquent utility charges.
Mayor Tierney opened the public hearing. No one appeared, and the hearing was
closed.
Motion was made by Councilmember Black, seconded by Councilmember Preus,
to adopt RESOLUTION 98-539A ADOPTING ASSESSMENTS, 1998
UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS
AND UNPAID ANNUAL RECYCLING FEES. Motion carried, seven ayes.
Adopted City Council Minutes
September 2, 1998
Page 6
Motion was made by Councilmember Black, seconded by Councilmember Preus,
to adopt RESOLUTION 98-539B ADOPTING ASSESSMENTS, 1998
DELINQUENT WATER, SEWER, RECYCLING, AND STREET
LIGHTING SERVICE CHARGES. Motion carried, seven ayes.
Councilmember Bildsoe mentioned that the total amount of delinquencies in the
City is $113,000.
7.2 Public Hearing on TIF (Housing) District No. 7-5A, Village at Bassett Creek,
Rottlund Homes, Inc.
Housing Supervisor Goldsmith presented the staff report on the proposed Tax
Increment Financing Plan for Tax Increment District 7-5A (Restructuring of the
Village At Bassett Creek Development). This restructuring was previously
authorized by the City Council and is necessary in order to respond to the
discovery of asbestos floor tile contamination on the western portion of the
district. The Council authorized dividing development in the district into two
phases. Phase I on the eastern portion would begin as soon as possible and
include development of 46 units of low income rental housing for seniors and 71
townhome units. Development of Phase II on the western portion would be
deferred until a plan for cleanup of the contaminated portion of the district was
developed. Tax increment financing projections for Phase I were reviewed and
approved. In June, the Council approved the tax increment assistance for
development of Phase I. Rottlund has begun the soil correction and grading work
for Phase I development. The proposed restructuring requires that the Council
decertify existing tax increment District 7-5 and establish new District 7-5A.
Mayor Tierney opened the public hearing at 7:30 p.m. No one appeared and the
hearing was closed.
Motion was made by Councilmember Preus, seconded by Councilmember
Johnson, to adopt RESOLUTION 98-540 TERMINATING TAX
INCREMENT FINANCING DISTRICT NO. 7-5 (A HOUSING DISTRICT)
AND DIRECTING DECERTIFICATION THEREOF BY THE COUNTY
AUDITOR Motion carried, seven ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Johnson, to adopt RESOLUTION 98-541 RESOLUTION ESTABLISHING
TAX INCREMENT FINANCING DISTRICT NO. 7-5A, AND APPROVING
AND ADOPTING THE TAX INCREMENT FINANCING PLAN
RELATED THERETO. Motion carried: Wold, Johnson, Black, Bildsoe, and
Tierney ayes; Preus and Spigner nays.
Adopted City Council Minutes
September 2, 1998
Page 7
8.05 (6.5) Landform Engineering Company (98108)
Councilmember Spigner said she would prefer that proposed amendments to the
Comprehensive Plan not be considered on the consent agenda.
Community Development Director Hurlburt presented the staff report on the
requests of Landform Engineering Company for land use guide plan amendment
from C and LA -1 to LA -2, rezoning from FRD to PUD, Preliminary Plat and
PUD General Plan for property located north of Bass Lake Road, west of the Bass
Lake Commercial Center, and east of Goldenrod Lane. The development would
result in 32 new townhome units and a replat of seven existing townhome units.
The Planning Commission and staff recommend approval of the items.
Motion was made by Councilmember Spigner, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-542 APPROVING LAND USE GUIDE
PLAN AMENDMENT FOR LANDFORM ENGINEERING COMPANY
FOR PROPERTY LOCATED NORTH OF BASS LAKE ROAD, WEST OF
THE BASS LAKE COMMERCIAL CENTER AND EAST OF
GOLDENROD LANE (98108). Motion carried, seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-543 APPROVING PRELIMINARY
PLAT AND PUD GENERAL PLAN FOR LANDFORM ENGINEERING
COMPANY FOR PROPERTY LOCATED NORTH OF BASS LAKE
ROAD WEST OF THE BASS LAKE COMMERCIAL CENTER AND
EAST OF GOLDENROD LANE (98108). Motion carried, seven ayes.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt ORDINANCE 98-30 AMENDING THE PLYMOUTH CITY
CODE, BY AMENDING CHAPTER 21, PUD (PLANNED UNIT
DEVELOPMENT) ZONING DISTRICT AND CLASSIFYING CERTAIN
LANDS LOCATED NORTH OF BASS LAKE ROAD, WEST OF THE
BASS LAKE COMMERCIAL CENTER AND EAST OF GOLDENROD
LANE AS PUD (PLANNED UNIT DEVELOPMENT) (98108). Motion
carried, seven ayes.
Motion was made by Councilmember Preus, seconded by Councilmember Black,
to adopt RESOLUTION 98-544 APPROVING FINDINGS OF FACT FOR
REZONING FOR LANDFORM ENGINEERING COMPANY FOR
PROPERTY LOCATED NORTH OF BASS LAKE ROAD, WEST OF THE
BASS LAKE COMMERCIAL CENTER AND EAST OF GOLDENROD
LANE (98108). Motion carried, seven ayes.
Adopted City Council Minutes
September 2, 1998
Page 8
8.1 Activity Center and Field House Projects
City Manager Johnson said that during the past few weeks the City has received
petitions from 1,100 Plymouth residents and 160 from non -Plymouth residents.
The cover letter to the petition indicates that the individuals are not opposed to the
project, but rather the location, and particularly the location of the field house.
Staff is suggesting that the issue not be debated, but that the Council consider
establishing a special Council meeting to consider the issue so that all interested
persons could attend.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to accept the petitions and establish a special meeting.
Motion to amend was made by Councilmember Johnson, seconded by
Councilmember Bildsoe, to establish the special meeting for September 28 at 7
p.m. Motion to amend carried, seven ayes.
Following discussion, the Council directed that the meeting be held in the Council
Chambers so that it can be easily cablecast.
Bruce Raines, 14125 37 h Avenue North, asked how citizens would be notified of
the special meeting.
City Manager Johnson said that the meeting would be noticed by a news release,
cable channel 37, web site, and mailing to a number of individuals interested in
the issue.
Mayor Tierney asked if each individual on the petition would be noticed.
Councilmember Spigner said that a newspaper notification is sufficient and it is
excessive to mail to each individual who signed the petitions.
Councilmember Black said she is impressed with the number of petitions, but
questioned where all of the individuals were on May 19.
Danielle Steele, 14835 38' Avenue North, said she had helped gather signatures
for the petition. Of the many households she visited, only two people were aware
of the vote.
Councilmember Johnson said that the City is working on revising its newsletter
for better communication.
Steve Eldridge, 16125 37`h Avenue North, concurred with Ms. Steele's comments.
Adopted City Council Minutes
September 2, 1998
Page 9
Councilmember Wold said he will vote against the motion. He quoted from Tom
Resick's letter which indicated that moving the location of the facilities will not
kill the project. Councilmember Wold said the City owns three parcels of City -
owned property that were considered for possible construction of the project. The
proposed site is the best for this project. The alternative to building on City -
owned land is to purchase land. Councilmember Wold said that one suggestion
has been to purchase property north of Cub Foods. The purchase of that site for
the project could add another $1.75 million to the project cost, which would kill
the project. The referendum that was put before the voters did not include a $1.75
million land acquisition. He said that in a democracy, the minority must accept
what the majority has decided. He said that 85 percent of the eligible voters in the
City did not vote against the project, and this entire discussion is outside of the
process. The City carefully followed the laws and attempted to get residents
involved with this project.
Mayor Tierney said the Council is not questioning the citizens' decision to move
ahead with the project, but she believes it is in order to listen to resident concerns.
She said that an additional option is that someone could donate to the City another
parcel for the project.
Bruce Raines, 14125 37`' Avenue North, said that the Wayzata School District is
willing to entertain the concept of locating the field house at the Wayzata High
School site. City Manager Johnson said the letter from Superintendent Beilfuss
indicated that he would take the matter to the school board if requested by the
City.
Bruce Johnson, 3715 Ximines Lane, School District 281 Athletic Director, said
the School District 281 Superintendent will also approach their school board
about using Armstrong High School as a site for the field house. He added that a
number of people are circulating petitions supporting the proposed 34t' Avenue
site.
Councilmember Johnson directed staff to inquire with West Lutheran High
School whether they would be willing to consider the location of the field house
on their site.
Main motion as amended carried: Bildsoe, Johnson, Preus, Spigner, and Tierney
ayes; Wold and Black nays.
8.2 Reconsider City of Plymouth Reguiding/Rezoning Application (98086)
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to postpone the motion for denial of the City of Plymouth application for
reguiding and rezoning of roughly four acres of property to CC and CC -RE
Adopted City Council Minutes
September 2, 1998
Page 10
located at the northwest corner of Vicksburg Lane and Highway 55, south of 35`'
Avenue, in the event that there is an application made for development of the
adjacent property so that the two items can be considered together.
Councilmember Preus said he will vote against the motion. He believes that the
Council should act on the request now. The key issue in the rezoning request is to
have an introduction into the City Center area and to use this site to do that. He
said that if the City wanted an architectural introduction to the City Center, the
opportunity was available when the City owned the Mann Theater site. He
believes it is unfair that the City sold its property and now wants to impose
additional requirements, and resulting financial burden, on a private property
owner. He said that Vicksburg Lane has served as the dividing line between the
City Center and the abutting developments.
Councilmember Bildsoe said that this parcel is part of the City Center. The
proposed motion would result in the City reserving an option for the property. He
does not want a gas station on this site and believes that it is in the City's interest
to protect this corner parcel.
Councilmember Johnson noted that this action would postpone a denial motion.
She wants to ensure that the City keeps options open relating to the City Center
area.
Councilmember Black said she is reluctant to support a City -Center reguiding, but
believes that drive-through activities would be inappropriate on this site. She
would like the City to explore ways to eliminate those types of uses in this
district, yet allow the developer flexibility.
Councilmember Spigner expressed concern about an indefinite postponement.
She would prefer an expiration date.
Councilmember Preus asked if a gasoline station would be a conditional or
permitted use on this site under the existing zoning.
Director Hurlburt responded that it would be a conditional use under the existing
zoning and would not be allowed under City Center zoning.
Councilmember Preus suggested that if the majority of the Council believes the
parcel should not be a City Center zoning, then the application should be denied
so that another option can be considered.
Councilmember Bildsoe said he is not convinced that City Center is the wrong
zoning for the parcel. Staff supported the rezoning to City Center.
Adopted City Council Minutes
September 2, 1998
Page 11
Councilmember Johnson suggested that O -R may work on that site, but she
doesn't want to restrict a developer to uses allowed under City Center guiding.
Motion was made by Councilmember Wold, seconded by Councilmember
Johnson, to call the question. Motion carried: Bildsoe, Johnson, Spigner, Black,
and Tierney ayes; Wold and Preus nays.
8.3 Approval of 1999 Preliminary Budget and Levy
City Manager Johnson presented the preliminary budget and levy for 1999. He
suggested public hearing dates of December 7 and December 16 on the budget,
and noted that the City Council conducted two study sessions on the proposed
budget in August. The proposed tax levy would increase the City portion of the
tax on the average home in Plymouth by about 5.6 percent, or $23.67. The
average home is valued at $192,800. The City portion of the tax on the average
business would increase by 3.8 percent. He said that City taxes are about 1/8 of
the total tax pie. The estimated City tax rate would increase to 16.30, which is
completely attributable to formulas relating to tax reform at the legislature.
Manager Johnson said the taxes are included for the activity center and field
house project. The bond issue approved by the voters in May would add
440,000 per year to the levy and operating costs would be an additional
125,000. These items have an impact the equivalent to the total increase in the
levy. The amount of $100,000 is proposed for initiatives in the City's Water
Quality Plan, and funds are proposed to improve fire department response time.
Taxes to support the general fund would increase 3.1 percent which is line with
the City's growth rate and the rate of inflation.
Councilmember Black noted that the City's portion of the tax increase is entirely
attributable to the activity center/field house which was approved by the voters.
Councilmember Johnson asked if the City is levying under the maximum allowed
by state law.
City Manager Johnson affirmed that the proposed City levy is two percent lower
than what could have legally been done.
Councilmember Black said that the changes made by the legislature in the tax
formula shifted taxes paid from commercial to residential, and from the high-end
residential to the lower -end residential properties. She said the City is attempting
to provide affordable housing and this type of shift does not assist in this effort.
Adopted City Council Minutes
September 2, 1998
Page 12
Councilmember Wold requested that staff prepare for final budget consideration
an item relating to City Council pay which would include a no change in pay
alternative.
Manager Johnson said that at the budget study session, the Council directed that
an item relating to City Council pay and benefits be placed on the September 16
agenda.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-545 ADOPTING PROPOSED 1999
BUDGETS. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-546 PROPOSED PROPERTY TAX
LEVIES FOR TAXES PAYABLE IN 1999. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-547 SET TRUTH IN TAXATION
PUBLIC HEARING DATES FOR 1999 TAX LEVY. Motion carried, seven
ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 98-548 SET COUNCIL MEETING
STARTING TIME FOR DECEMBER 16,1998 REGULAR COUNCIL
MEETING. Motion carried, seven ayes.
8.4 (6.12) Ordinance Amendment Relating to Liquor Operating Managers
Councilmember Spigner spoke to the proposed ordinance which would allow the
Public Safety Director to approve Liquor License Operating Managers following
investigation. She has concerns about the City doing background checks on
private citizens who are not city employees, and she believes this is intrusive. She
suggested that the proposed ordinance be tabled until additional information is
received which may be of benefit to the discussion.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to postpone the proposed ordinance to an upcoming study session.
Councilmember Bildsoe asked if there is any urgency to act on this ordinance.
City Attorney Knutson said there is no urgency on the first portion of the
ordinance regarding the Public Safety Director approving liquor managers.
However, the second change relates to allowing operating managers to live within
Adopted City Council Minutes
September 2, 1998
Page 13
100 miles of Plymouth, rather than reside in Minnesota. There is a pending liquor
applicant who lives in Wisconsin.
Councilmember Spigner said she has no objection to amending the residency
requirement.
Motion to amend was made by Councilmember Wold, seconded by
Councilmember Spigner, to postpone consideration of Section 1 of the proposed
ordinance relating to approval of liquor operating managers by the police chief.
Motion carried, seven ayes. Main motion as amended carried: five ayes; Johnson
and Bildsoe nays.
Motion was made by Councilmember Wold, seconded by Councilmember Preus,
to adopt ORDINANCE 98-31 AMENDING CHAPTER XII OF THE
PLYMOUTH CITY CODE CONCERNING THE SALE, CONSUMPTION
AND DISPLAY OF ALCOHOLIC BEVERAGES, approving Section 2
regarding the residency requirement for liquor operating managers. Motion
carried, seven ayes.
8.5 (6.4) Bass Creek Corporate Center I (98097)
Councilmember Black asked staff to explain the proposed impervious surface
coverage related to this project.
Community Development Director Hurlburt said that Bass Creek Business Park is
located at the northwest corner of Highway 169 and County Road 10. The project
was approved in 1989 for a mix of commercial and industrial uses. The
remaining 59 acres to be developed are the subject of the applications before the
Council. She said the entire development was done under a Planned Unit
Development and under the new Zoning Ordinance is Commercial -Office guiding
with Business Campus zoning. The proposed plat would divide the 59 -acre
portion into three lots to accommodate three office buildings. The project
predates the City's wetland, shoreland, and tree preservation ordinances; however,
this project was one of the first in Plymouth to be developed with surface water
ponds which resulted from the Environmental Impact Statement.
Director Hurlburt said the Shoreland issue relates to Bass Creek which proceeds
north and east through the property. The Shoreland regulations apply to the
extreme southeast portion of the lot where parking is proposed. The current
regulations allow 25 percent coverage; this would approve 49 percent coverage in
that portion of the site. The original approvals of the project contemplated a
higher coverage in the Shoreland area. This building will have high office finish
and a high concentration of employees, and they will need significant parking.
They have reduced the square footage of the parking and added compact parking.
Adopted City Council Minutes
September 2, 1998
Page 14
Councilmember Black asked if underground parking is proposed and whether the
proposed amount of parking is needed.
Community Development Director Hurlburt said the office buildings will have
underground parking. She suggested that the applicant could comment on the
amount of parking, since the proposal exceeds the City's minimum parking
requirement.
Councilmember Black asked for an explanation of the purpose of the Shoreland
regulations.
Director Hurlburt said there are many requirements in the Shoreland regulations
depending on the type and classification of water body. In this case, the
impervious cover limit was established before there was wide -spread treatment of
surface water. The requirements are designed to limit the intensity of the
development in the Shoreland area.
Councilmember Johnson asked if there will be a NURP pond on the site.
Public Works Director Moore said that a NURP pond will serve all water on the
site. All of the water from the building and parking area goes to the treatment
pond, then to the wetland, then eventually to Bass Creek.
Councilmember Black asked about the rate of flow.
Director Moore said the treatment ponds will also control the rate of flow. There
will be a greater volume of water; however, it will be ponded so that water will
not be released into Bass Creek at any higher rate than pre -development.
Councilmember Black asked if there is any way to reduce the excess water.
Director Hurlburt said the extra impervious surface is only 7,500 square feet,
which is a very small portion of the entire site.
Councilmember Black asked if any portion of the parking lot will be used for
snow storage.
Michelle Foster represented Opus Northwest. She said that parking will be
available 12 months of the year so no snow storage is proposed on the hard
surface portion of the lot.
Adopted City Council Minutes
September 2, 1998
Page 15
Councilmember Johnson asked about the hardship for the variance and why the
amount of parking proposed is greater than the City's minimum requirement.
Ms. Foster said that the PUD and Environmental Impact Statement always
proposed this type and intensity of use on this parcel. The park will be developed
less intensely overall than was originally anticipated.
Director Hurlburt said the City requires one parking space for every 250 square
feet, which would equate to 443 parking spaces. They are proposing 605 parking
spaces, which includes 52 underground spaces. Twenty percent of the spaces
would be compact parking. The developer expects high occupancy levels. If the
City denies this variance, the parking stalls proposed in the Shoreland area could
not simply be eliminated because the paved area also includes circulation space,
drive access to the lower parking area, and loading areas. It would require
redesign.
Councilmember Black said that the City may not be able to move the paved area
in the proposed plat; however, this is twice the amount of impervious surface that
is currently allowed. She appreciates that the developer has reduced the intensity
of the site development. She said the City will be facing the impervious surface
impacts with the development of Northwest Plymouth and believes there are
options which the City has not fully explored to decrease the water now. She
does not believe that the developer has proven the need for the variance in this
application.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 98-549 APPROVING A PRELIMINARY
PLAT FOR OPUS NORTHWEST, LLC FOR PROPERTY LOCATED
NORTHWEST OF BASS LAKE ROAD AND HIGHWAY 169 (98097).
Motion carried: five ayes; Wold and Black nays.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 98-550 APPROVING FINAL PLAT FOR
OPUS NORTHWEST, LLC FOR `BASS CREEK BUSINESS PARK 4"H
ADDITION" LOCATED NORTHWEST OF BASS LAKE ROAD AND
HIGHWAY 169 (98097). Motion carried: five ayes; Wold and Black nays.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 98-551 APPROVING SITE PLAN AND
VARIANCE FOR OPUS NORTHWEST, LLC FOR PROPERTY
LOCATED NORTHWEST OF BASS LAKE ROAD AND HIGHWAY 169
98097). Motion carried: Bildsoe, Preus, Spigner, and Tierney ayes; Wold,
Black, and Johnson nays.
Adopted City Council Minutes
September 2, 1998
Page 16
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 98-552 ADOPTING ASSESSMENTS, CITY
PROJECT 8031, BASS CREEK BUSINESS PARK 4" ADDITION. Motion
carried: five ayes; Wold and Black nays.
9.1 Traffic Problems at Medina Road and County Road 101
Public Works Director Moore stated the traffic consultant has reviewed the
intersection of Medina Road and County Road 101 with respect to temporary
solutions to traffic problems. This review included consideration of an all -way
stop, sight distance for northbound traffic, traffic accidents, and pedestrian
crossings. Traffic accidents at this intersection do not indicate a serious problem.
The speed limit is 50 mph and the 85`h percentile speed is in the high 50s. Staff
recommends that the City continue to review the need for an all -way stop at the
intersection because delays and backup need to be considered, as well as how
traffic is dispersed between north/south and east/west. Staff also suggests that the
City continue a dialog with Hennepin County relating to the all -way stop control
at the intersection and review more closely the sight distance restriction related to
the crest south of Medina Road on County Road 101. If a more significant sight
distance problem is identified, the City could work with Hennepin County to
install the appropriate warning signs for northbound traffic, to complete a review
of existing signing and pavement markings at the intersection, and to replace any
that are faded or damaged. It is also suggested that the Public Safety Department
be directed to have additional speed enforcement on County Road 101 in this area.
Councilmember Bildsoe understood that traffic signals will be installed at this
intersection in conjunction with the Elim projects.
Public Works Director Moore affirmed that traffic studies indicated that the Elim
project will prove the need for a signal at this intersection.
Councilmember Bildsoe asked how the determination will be made whether a
sight advisory sign is installed. He noted that County Road 101 is a county road
and inquired whether the county sheriff could also be requested to do
enforcement.
Director Moore said a determination on the sight advisory sign will be made by
the County based on the actual sight distance.
Public Safety Director Gerdes responded that the request for speed enforcement
will be submitted to the county. He added that the City's speed trailer will be
placed in this location during mid-September.
Adopted City Council Minutes
September 2, 1998
Page 17
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Johnson, to: 1) continue dialog with Hennepin County relating to "all -way" stop
control at the intersection of County Road 101/Medina Road; 2) Review more
closely the sight distance restriction related to the crest south of Medina Road on
County Road 101. If a more significant sight distance problem is identified, work
with Hennepin County to install the appropriate warning signs for northbound
traffic; 3) Complete a review of existing signing and pavement markings at the
intersection and replace any that are faded or damaged; 4) Direct the Public Safety
Department to have additional speed enforcement on County Road 101 in this
area.
Mayor Tierney said that pedestrians are not crossing County Road 101, including
children going to Greenwood Elementary School, because the road has a 50 mph
speed limit and is not designed to handle pedestrian traffic.
Motion carried, seven ayes.
9.2 Northwest Plymouth
Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to
schedule a study session on the issue of Northwest Plymouth development.
Councilmember Spigner said she supports partial development of Northwest
Plymouth and does not agree with the Planning Commission recommendation of
full development. She would prefer information from staff in the form of a
written report, rather than a study session.
Councilmember Bildsoe did not favor a study session on the issue. He suggested
that the issue be placed on a regular meeting agenda with a light schedule, and he
would like the issue decided in October.
Discussion ensued on the notice procedure, adequate time for Council discussion,
and whether public comment would be taken at the meeting. Councilmembers
agreed that only new information should be heard at the meeting, since all
members have reviewed the Planning Commission public hearing, and that they
may or may not take action at the meeting.
Councilmember Johnson requested that the planning commission hearing on
Northwest Plymouth development be replayed on cable until the Council
discusses the issue.
Substitute motion was made Mayor Tierney, seconded by Councilmember
Johnson, to schedule the Northwest Plymouth development issue on the October
Adopted City Council Minutes
September 2, 1998
Page 18
21 regular meeting agenda. Motion to substitute carried, seven ayes. Main
motion carried, seven ayes.
9.3 Subcommittee on Pedestrian Crossings
Mayor Tierney suggested that the Subcommittee on Pedestrian Crossings
establish a meeting for a tour of various intersections.
Councilmember Bildsoe suggested that school district representatives be invited
to participate.
9.4 I-494 Corridor Commission Meeting
Mayor Tierney reported on the recent I-494 Corridor Commission meeting and
tour of the I-494 corridor. She discussed the current efforts of the Commission.
Councilmember Black said she is concerned that the City is a member of a
Commission which supports the continued expansion of freeways without
discussion of a light rail transit system. She said that as long as traffic congestion
problems continue to be alleviated by adding freeways, meaningful mass transit
will not be installed in the metro area.
Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to
adjourn the meeting at 9:38 p.m. Motion carried, seven ayes.
La4 ri e Ahrens
City Clerk