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HomeMy WebLinkAboutCity Council Minutes 12-02-1998Adopted Minutes Regular Council Meeting December 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 December 2, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Preus, Spigner, Black, Bildsoe, and Wold. 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, Planner Drill, Attorney Scott, and City Clerk Ahrens. Mayor Tierney asked for a moment of silence in memory of Senior Engineer Technician Clyde Moravetz. 3 Forum Arlene Edstrom, 9900 55' Avenue North #2, asked the City Council to address a problem of large truck traffic and noise on Nathan Lane between Bass Lake Road and 54'' Avenue North. Public Safety Director Gerdes responded that he has been in contact with the business involved and will provide a status report to the resident and the City Council. Nancy Brown, 5305 Orleans Lane #7, said there is a constant, loud humming noise from the adjacent Medicom building. She requested that the City measure the noise level from this rooftop equipment. 4.1 Administer Oaths of Office to Firefighters Fire Chief Kline introduced firefighters David Hertwig and Kevin Werstein. Clerk Ahrens administered the oaths of office, and the Assistant Chiefs presented their badges. 4.2 Recognize Retiring Firefighter Chuck Scharlau Mayor Tierney and Fire Chief Kline presented a plaque of appreciation for 20 years of service to retiring Firefighter Chuck Scharlau. Councilmember Preus commended Firefighter Scharlau for his service and dedication which has been an example to the entire department. Adopted City Council Minutes December 2, 1998 Page 2 4.3 Crime Free Multi—Housing Presentation Public Safety Director Gerdes introduced Crime Free Multi Housing Officer Scott Streachek. Mayor Tierney and Officer Streachek presented a certificate recognizing Willow Creek Apartment complex and its staff for completion of the Crime Free Multi - Housing project. 4.4 Recreation Events Park Director Blank announced hockey events at the Plymouth Ice Center on December 5 and invited residents to participate in Old Fashioned Christmas on December 6. 5 Approve Agenda City Manager Johnson requested that Item 6.6 be removed from the agenda. Councilmember Johnson requested the addition of an item on a potential Open Meeting Law violation. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to approve the agenda with the two changes noted. Motion carried, seven ayes. 6 Consent Agenda City Manager Johnson said that a clarification was distributed on Item 6.10. The item remained on the consent agenda. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the consent agenda. Councilmember Preus recorded a "no vote" on Item 6.4. Motion carried, seven ayes. 6.1 Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the minutes for the November 4 regular meeting and the November 17 special meeting. Motion carried, seven ayes. 6.2 Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-714 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 20,1998. Motion carried, seven ayes. Adopted City Council Minutes December 2, 1998 Page 3 6.3 Application for Lawful Gambling Exemption Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-715 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH CREEK ELEMENTARY PTA. Motion carried, seven ayes. 6.4 Approve Don Myron Settlement Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to approve the Don Myron settlement agreement and to authorize the Mayor and City Manager to execute the agreement on behalf of the City. Motion carried, six ayes; Preus nay. 6.5 Establish Special Council Meeting Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to establish Thursday, December 17, 1998, at 6:30 p.m. as a Special City Council meeting to interview candidates for board and commission vacancies. Motion carried, seven ayes. 6.7 Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-716 REDUCING REQUIRED FINANCIAL GUARANTEE, ROUNDS ADDITION (95035). Motion carried, seven ayes. 6.8 Payment No. 11 and Final 1996 Park Bond Trails Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-717 REQUEST FOR PAYMENT NO. 11 AND FINAL, 1996 PARK BOND TRAILS IMPROVEMENTS, CITY PROJECT NO. 4017, PHASE II. Motion carried, seven ayes. 6.9 Payments on Project 7005 Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-718 REQUEST FOR PAYMENT NO.6 AND FINAL, SCHMIDT LAKE ROAD STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 7005. Motion carried, seven ayes. Adopted City Council Minutes December 2, 1998 Page 4 6.10 Amendment to Development Agreement for Tax Increment Financing District 7-4, Plymouth Technology Park (Hoyt) Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adopt RESOLUTION 98-719 APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $500,000 TAXABLE LIMITED REVENUE TAX INCREMENT NOTES (TAX INCREMENT FINANCING DISTRICT NO. 7-4, PLYMOUTH TECHNOLOGY PARK). Motion carried, seven ayes. 8.09 Potential Open Meeting Law Violation Councilmember Johnson said that she believes there has been an open meeting law violation relating to Item 8.2. She said that although she is not legally obliged to bring the issue forward, she felt a moral responsibility to do so. City Manager Johnson suggested that an update on the open meeting law could be added to the next Council study session. Councilmember Wold asked for a description of the violation. Councilmember Johnson responded that it is her belief that four or perhaps five councilmembers may have had contact and substantive discussion of Item 8.2. Councilmember Spigner asked if Councilmember Johnson is saying that four or five councilmembers are in violation of the open meeting law. Councilmember Johnson said that at this point she is not suggesting or laying particular blame on any one or more councilmembers. However, it is her personal belief that four or five council members may have linked information. Councilmember Wold asked the City Attorney for a recommended course of action. Attorney Scott said the appropriate way to proceed is that this item be placed on the next study session agenda and that nothing additional needs to be done at this time. Councilmember Preus agreed that the item should be placed on a study session agenda. He briefly explained the open meeting law and examples of technical and blatant violations. Adopted City Council Minutes December 2, 1998 Page 5 8.1 Reconsider Public Improvement Hearing on Kingsview Lane Improvements, Project 9002 Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to reconsider the vote on the Kingsview Lane Improvement Project. Councilmember Spigner said that she would like to reconsider the vote because she believes that the improvements on this road are needed. Also, a full Council is present to reconsider the issue. Motion carried, seven ayes. Councilmember Johnson said that she was concerned that the proposed assessments were too high and affordable housing in the City would be impacted. Staff is proposing that if the project is approved, there would be cost savings in the budget from reduced maintenance costs. Motion was made by Councilmember Johnson, seconded by Councilmember Wold, that the consideration of the Kingsview Lane Improvement Project be postponed until such time as the public hearing can be scheduled, to adopt RESOLUTION 98-720 CALLING FOR HEARING ON IMPROVEMENTS, KINGSVIEW LANE STREET IMPROVEMENTS, NIAGARA LANE TO GLEASON LAKE DRIVE, CITY PROJECT NO. 9002, and to direct staff to prepare estimated assessments for the project giving credit for the City's reduced maintenance cost for the improved street. Motion carried, seven ayes. 8.2.1 Association Free Lutheran Bible School (98042) Community Development Director Hurlburt stated the Association Free Lutheran Bible School has submitted a number of applications to allow expansion on their site at 3110 East Medicine Lake Blvd. This afternoon, the City was notified by the Minnesota Environmental Quality Board that the Board had accepted a petition from 25 residents requesting that the City require preparation of an Environmental Assessment Worksheet EAW) for this project. The City Council will need to make the determination of whether an EAW should be prepared before considering any action on the development requests. If the Council decides that an EAW is not needed for the project, then the Council may proceed with considering the development requests. If the Council decides that an EAW is needed, then that process will need to be completed prior to considering the development requests. The timing of the Environmental Quality Board rules will require that the City Council consider the issue at the December 16 meeting. At that time the issue before the Council will be whether or not to order preparation of an Environmental Assessment Worksheet. She recommended that the Council postpone action on the development requests until the EAW decision has been resolved. Adopted City Council Minutes December 2, 1998 Page 6 Councilmember Bildsoe asked if the City Council can address the development requests on December 16. Director Hurlburt responded that if the determination is made not to require an EAW, then the Council may take action on the requests on December 16. If the decision is to order an EAW, then the Council would have to wait until that process is complete. She stated that the petition for the EAW explains the potential for environmental impacts on the site. The staff will prepare a report for December 16 that analyzes the petition and commends whether an EAW should be done. Councilmember Preus asked if the staff review of the project over the past six months has included review of the factors related to an EAW. Director Hurlburt said that environmental factors are considered as part of the development review, and it was staff s opinion that this project did not require a mandatory EAW. She said the City Council has a time limit of 30 days from today to consider whether to order an EAW. Councilmember Preus asked if there is anything to prevent the City Council from hearing testimony tonight with respect to the development proposals. Director Hurlburt said there is nothing to prohibit the Council from taking testimony, but the City Attorney has advised that no action be taken tonight. Councilmember Bildsoe said that the Council could take citizen input on the development proposals this evening; however, speakers will likely want to also participate and/or hear the debate on the EAW process. He would prefer to wait until December 16 so that all speakers can be heard at one meeting. Councilmember Wold said that there is the further issue that if the City deems an EAW is needed, then any discussion on the development proposals is moot at this point. Director Hurlburt said that if an EAW were ordered, it would take several months for the guide plan amendment and the PUD to be before the Council for action. She said the filing of the EAW petition negates the January 2 deadline for Council action on the PUD application. The City will have 60 days from the date the EAW process is completed to act on the development requests. Councilmember Johnson also recommended waiting to hear public testimony until after the EAW decision is made. Councilmember Black said that if an EAW is not needed, the City Council have the option of taking action on December 16 or delaying action until January. Adopted City Council Minutes December 2, 1998 Page 7 Motion was made by Councilmember Wold, seconded by Councilmember Preus, to postpone Item 8.2 in its entirety to the December 16 agenda immediately following the EAW decision. Councilmember Wold stated the Association Free Lutheran Bible School issue has been considered by the City Council a number of times. If the decision is to not move forward with the EAW, he believes this City Council should act on the development applications. Motion carried, seven ayes. Item 8.3 Traffic on Nathan Lane and on 45"/46' Avenue Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to reconsider action taken on traffic operations on Nathan Lane including the intersection at County Road 9 north of 45`" Avenue and on 45"/46" Avenue from Nathan Lane to Zachary Lane. Motion to amend was made by Councilmember Black, seconded by Councilmember Spigner, to amend the motion as follows: 1) Direct staff to initiate a short term signal improvement project at County Road 9 and Nathan/Lancaster Lane with the Hennepin County Department of Transportation to add a protected northbound left turn phase to the existing traffic signal; 2) Direct staff to initiate longer term improvements on Nathan Lane from County Road 9 to 45'" Avenue which would include additional traffic lanes, geometric improvements, and a new traffic signal at Nathan Lane and the north County Road 9 frontage road; 3) Adopt RESOLUTION 98-721 INSTALLATION OF TRAFFIC CONTROL SIGNS authorizing an all -way stop at the "T" intersection of Valley Forge Lane and 46' Avenue; and 4) Direct the City's Traffic Enforcement Unit to target areas of excessive speed on 45`"/46d' Avenue and on Nathan Lane south of 45' Avenue. Community Development Director Hurlburt said that at the Mayor's request, staff did a site visit and determined that the fence at the northeast corner of Trenton Circle and 45' Avenue meets the City's zoning and building requirements. There are shrubs impeding visibility. Mayor Tierney and Councilmember Black expressed concern that the fence also impedes sight visibility. Councilmember Bildsoe directed staff to review the fence with respect to the City's nuisance ordinance and report back. Motion to amend carried, seven ayes. Adopted City Council Minutes December 2, 1998 Page 8 Main motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-722 INSTALLATION OF TRAFFIC CONTROL SIGNS, directing that an "all -way" stop be installed at the intersection of 45t' Avenue and Trenton Circle/Trenton Lane. Councilmember Black said that she is hesitant to make this motion because the situation may not strictly follow the City's Stop Sign Policy. However, she believes that due to the heavy pedestrian use related to the park and the bus stop, the stop signs are needed for public safety reasons. Councilmember Johnson noted that traffic is traveling at 39.4 mph at the 85' percentile, and there is a fence and shrubbery causing visibility problems. She asked how motorists will be aware of the stop signs. Director Moore said the standard warning signs will be installed. The Uniform Manual of Traffic Control Devices indicates that this intersection does not warrant a stop sign, and the Council's policy indicates this collector street would go by the Uniform Manual. He advised that if the stop signs are installed, the fence and shrub issues at the intersection should be pursued. He also noted that the stop signs may give pedestrians a false sense of security. Councilmember Bildsoe suggested that pavement markings could also be done along with the stop signs. Councilmembers Black and Johnson suggested that a pedestrian crosswalk could also be considered at this location. Director Moore said the pedestrian crosswalk would have to be painted and identified before pedestrian crosswalk signs are installed. In response to a question by Councilmember Preus, Director Moore said that numerous studies indicate that stop signs affect the speed of traffic within 150 feet of the sign. Beyond that distance, there is no impact on traffic speed or possibly an increase in speed due to motorists trying to make up time. Councilmember Bildsoe said he favors this stop sign because it allows residents of Trenton Circle a safe entry onto 45`h Avenue. However, he believes a crosswalk may give a false sense of security to pedestrians. Mike Cagley, 4610 Valley Forge, said he is a member of the Plymouth Advisory Committee on Transit. He said that during winter conditions, a bus stopping at the Adopted City Council Minutes December 2, 1998 Page 9 bottom of the hill at Valley Forge Lane and 46`'' Avenue cannot get up the hill. However, he favors a stop sign at Valley Forge Lane. He said that traffic speeds are worse coming from the west going down the hill, and he suggested a stop sign installation from the west facing Zachary Lane. He said stop signs may slow traffic and deter people from using the street as shortcut. Marco Schneider, 4505 Trenton Circle, said that much of the traffic in this area is habitual and a stop sign will slow traffic. She believes that a stop sign installation is the best alternative to address the problems at Trenton Circle and Trenton Lane. Public Works Director Moore reiterated that the engineering staff does not recommend the stop sign installation. Councilmember Preus said that although the studies do not support the stop sign installation, something needs to be done at this intersection to make it safer due to the sight distance problem. Director Moore suggested that the Council could implement an enforcement policy of zero tolerance for speeding. He said that staff had recommended a "no left turn" at this intersection which would impact only about 40 vehicles per day. Other options are to study whether the fence and shrubbery at this intersection are a hazard and should be removed or to install a pedestrian crosswalk without stop signs. Councilmember Black said that she does not believe it is not an option to install a pedestrian crosswalk without stop signs at this intersection. Councilmember Spigner asked what the City can do about the fence since it is legal under the City's building and zoning requirements. Director Hurlburt said that a legal process to abate a nuisance could be considered. Attorney Scott explained that if it can be established that the fence is a nuisance, there is a possibility that the nuisance could be abated through a legal action. However, the first step would be to discuss with the property owner voluntary removal of the fence, perhaps with an incentive from the City. Delores Heft, 10645 44th Avenue North, described the visibility problem at this intersection, which serves as the only access to her property. She supported the stop sign installation at Trenton Circle and 45`' Avenue. Motion carried, seven ayes. Adopted City Council Minutes December 2, 1998 Page 10 In response to a question by Mayor Tierney, Director Moore said that intersections with stop signs are a high priority for sanding during winter conditions. Item 9.1 Study Session Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to establish a study session for December 9 at 7:00 p.m. with the following topics: Term limits and attendance records for board and commission members, City Beautification efforts, Plymouth Ponds Compliance issues, Council seating for 1999, and Review Activity Center/Field House Plans. He suggested that LifeTime Outdoor Pool operations be considered in the spring of 1999. Motion to amend was made by Councilmember Spigner, seconded by Mayor Tierney, to add an update on the Open Meeting Law and discussion of a potential violation. Councilmember Preus requested that the City Attorney attend the meeting to provide the update, and he encouraged the newly elected councilmembers to attend. Motion to amend carried, seven ayes. Mike Cagley, 4610 Valley Forge Lane, said he was disturbed to hear an allegation of an open meeting law violation. He believes that if that type of comment is going to be raised at a public meeting, then names, dates, and specific information should be included. He appreciates the difficulty in raising the issue, but doing so publicly without Council discussion raises doubt in the public's mind. Councilmember Johnson responded that when or how best to present the issue was not an easy decision. Councilmember Black concurred with Mr. Cagley's comments and said that having the issue raised, presents the appearance that she did something wrong. She does not feel that she has violated the open meeting law, but the public may now have that perception. Councilmember Johnson apologized if any council members were upset with the way in which she brought the issue forward, but she felt that the public had a right to know. Councilmember Wold responded that the public still doesn't know anything because no specific information was provided. He said the liability to council members to defend themselves against open meeting law violations is can be huge. He suggested that the Council should have a policy on how such charges are brought forward. Councilmember Johnson said it was not her intent to bring the issue forward for any political motivation. She spoke with the City Attorney and City Manager about the issue Adopted City Council Minutes December 2, 1998 Page 11 prior to the meeting, and the City Manager notified the Council that there may be a potential violation. She believes she was placed in a difficult situation. Motion to amend was made by Councilmember Spigner, seconded by Councilmember Black, to add the 1999 Council meeting schedule to the study session. Motion to amend carried, seven ayes. Main motion carried, seven ayes. Item 9.2 Jackie Fraedrich, Human Rights Award Mayor Tierney directed staff to send a letter from the Mayor and Council congratulating Jackie Fraedrich, Plymouth Human Rights Commissioner, for the Annual Award she received from the Minnesota League of Human Rights Commissions. Item 9.3 Policy Adoption Conference Mayor Tierney reported that she attended the League of Minnesota Cities Policy Adoption Conference, and there are very few changes to the LMC policies for 1999. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adjourn the meeting at 9:01 p.m. Motion carried, seven ayes. La e Ahrens City Clerk