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HomeMy WebLinkAboutCity Council Minutes 11-18-1998Adopted Minutes Regular Council Meeting November 18, 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 PM in the City Center, 3400 Plymouth Blvd., on November 18, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Spigner, Black, Bildsoe, and Wold. ABSENT: Councilmember Preus. Councilmember Spigner left the meeting between 7:05 and 7:15 PM. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Planning Supervisor Senness, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and Deputy City Clerk Hoffman. 3 Forum John Pritchard, 1435 Garland Lane, asked the Council to give attention to a School District #284 proposal to exclude private and home school children in kindergarten through eighth grade from access to district programs. Councilmember Spigner left the meeting. Mayor Tierney recognized Cub Scout Pack 481, a group attending the meeting to earn citizenship badges. 5 Approve Agenda Item 6.12 was added to the agenda. Items 8.2 and 9.1 were removed. Motion was made by Councilmember Wold, seconded by Councilmember Black, to adopt the agenda as amended. Motion carried, five ayes, Councilmember Spigner absent. 6 Consent Agenda Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the consent agenda. Motion carried, five ayes, Councilmember Spigner absent. 6.1 Approve Disbursements Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-693 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 6,1998. Motion carried, five ayes, Councilmember Spigner absent. 6.2 Vince and Beth Beacom. Final Plat for Beacom Addition (98126) Adopted City Council Minutes November 18, 1998 Page 2 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-694 APPROVING FINAL PLAT FOR VINCE AND BETH BEACOM FOR PROPERTY LOCATED AT 5630 PINEVIEW LANE NORTH (98126). Motion carried, five ayes, Councilmember Spigner absent. 6.3 Holiday Station Stores, Inc. Site Plan Amendment (98166) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-695 APPROVING A SITE PLAN AMENDMENT AND CONDITIONAL USE PERMITS FOR HOLIDAY STATION STORES LOCATED AT 10100 ROCKFORD ROAD (98166). Motion carried, five ayes, Councilmember Spigner absent. 6.4 Rummie Construction. Conditional Use Permit (98168) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-696 APPROVING CONDITIONAL USE PERMIT FOR RUMMIE CONSTRUCTION TO RELOCATE A SINGLE FAMILY HOME ONTO PROPERTY LOCATED AT 954017TH AVENUE NORTH (98168). Motion carried, five ayes, Councilmember Spigner absent. 6.5 United Properties. Site Plan and Conditional Use Permit for Office Building 98169) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-697 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR UNITED PROPERTIES FOR PROPERTY LOCATED SOUTHEAST OF FERNBROOK LANE AND 34TH AVENUE (98169). Motion carried, five ayes, Councilmember Spigner absent. 6.6 Request for Extension of Due Date for Comprehensive Plan Update Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-698 RESOLUTION REQUESTINGA ONE YEAR EXTENSION OF THE DECEMBER 31,1998 DUE DATE FOR REVIEW OF THE CITY OF PLYMOUTH'S COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS. Motion carried, five ayes, Councilmember Spigner absent. 6.7 Adoption of Final Housing Improvement Fees for the Shenandoah Townhomes Housing Improvement Area Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-699 ADOPTING LEVIES FOR HOUSING IMPROVEMENT FEES FOR THE SHENANDOAH TOWNHOMES HOUSING IMPROVEMENT AREA. Motion carried, five ayes, Councilmember Spigner absent. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-700 ADOPTING LEVIES FOR HOUSING Adopted City Council Minutes November 18, 1998 Page 3 IMPROVEMENT FEES FOR A PROPERTY IN THE SHENANDOAH TOWNHOMES HOUSING IMPROVEMENT AREA. Motion carried, five ayes, Councilmember Spigner absent. 6.8 Opus Northwest, LLC. Fire Lane Variance for Computer Network Technology 98152) Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-701 APPROVING FIRE LANE VARIANCE FOR OPUS NORTHWEST, LLC FOR COMPUTER NETWORK TECHNOLOGY TO BE LOCATED NORTH OF BASS LAKE ROAD AND EAST OF NATHAN LANE 98152). Motion carried, five ayes, Councilmember Spigner absent. 6.9 Reduction in Required Financial Guarantee Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-702 REDUCING REQUIRED FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion carried, five ayes, Councilmember Spigner absent. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-703 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH PONDS BUSINESS PARK (95005). Motion carried, five ayes, Councilmember Spigner absent. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-704 REDUCING REQUIRED FINANCIAL GUARANTEE, SUGAR HILLS 4TH ADDITION (95090). Motion carried, five ayes, Councilmember Spigner absent. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-705 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH STATION ADDITION (97145). Motion carried, five ayes, Councilmember Spigner absent. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-706 REDUCING REQUIRED FINANCIAL GUARANTEE, SANDPIPER PONDS ADDITION (97089). Motion carried, five ayes, Councilmember Spigner absent. Adopted City Council Minutes November 18, 1998 Page 4 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-707 REDUCING REQUIRED FINANCIAL GUARANTEE, BRIDGID GLEN ADDITION (98063). Motion carried, five ayes, Councilmember Spigner absent. 6.10 Change Order No. 2, 1998 Street Reconstruction Project — Phase II, City Project No. 8001 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-708 APPROVING CHANGE ORDER NO. 2,1998 STREET RECONSTRUCTION PROJECT — PHASE II, CITY PROJECT NO. 8001. Motion carried, five ayes, Councilmember Spigner absent. 6.11 Payment No. 3 and Final for The Four Seasons Mall Park and Ride Lot Reconstruction, City Project No. 7013 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-709 REQUEST FOR PAYMENT NO.3 AND FINAL, FOUR SEASONS MALL PARK AND RIDE LOT RECONSTRUCTION, CITY PROJECT NO. 7013. Motion carried, five ayes, Councilmember Spigner absent. 6.12 Special Study Session Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to establish Monday, November 30, 1998, at 7:00 PM as a Special City Council meeting to discuss the Water Quality Plan. Motion carried, five ayes. Councilmember Spigner absent. 7.1 Off—Sale Intoxicating Liquor License for Curtin's Inc. d/b/a Paradise Liquors Assistant Manager Lueckert presented the application for an off—sale intoxicating liquor license from Curtin's, Inc. d/b/a Paradise Liquors, 12 Nathan Lane, for the license to expire January 31, 1999. She stated the establishment was previously licensed to TLS Inc. She said all fees, investigations, had been completed, and the staff recommendation was to approve the license. Mayor Tierney opened the hearing at 7:12 PM. No one spoke. Mayor Tierney closed the public hearing. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-710 APPROVING OFF—SALE INTOXICATING LIQUOR LICENSE FOR CURTIN'S, INC., D/B/A PARADISE LIQUORS, 12 NATHAN LANE. Motion carried, five ayes. Councilmember Spigner absent. Adopted City Council Minutes November 18, 1998 Page 5 7.2 Vacation of Oak Street Right—of—Way in Glen Grove Acres First Subdivision Public Works Director Moore presented the proposal to authorize the vacation of Oak Street right—of—way in Glen Grove Acres First Subdivision. He explained the right of way to be vacated had never been opened as a public street and would never be used as one. He stated that the City would reserve the right—of--way for existing utilities. He recommended vacation of the right—of—way. Mayor Tierney opened the public hearing at 7:15 PM. No one appeared, and the hearing was closed. Councilmember Spigner returned to the meeting. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 98-711 AUTHORIZING THE VACATION OF OAK STREET RIGHT—OF—WAY, GLEN GROVE ACRES FIRST SUBDIVISION. Motion carried, six ayes. Item 7.3 Public Improvement Hearing, Kingsview Lane Improvement Project, City Project No. 9002 Public Works Director Moore presented the preliminary engineering report for the Kingsview Lane Improvement Project, from Niagara Lane to Gleason Lake Drive. He said about 50% of the residents on the street signed a petition requesting the improvements. He said this is one of the last gravel streets in the City. He stated the project would upgrade the street to an urban street with vertical concrete curb and gutter, and keep the width of the street at 28 feet street due to trees and foliage. He said this will still allow parking on one side of the street and keep a 22—foot width for fire lane requirements. He stated the project would also replace an existing lift pumping station due to a sanitary sewer system now in place in the Carlson development. He stated that statutes require only a majority vote for approval because more than 35% of the residents have petitioned in favor of the project. He said that if Councilmembers are concerned about the project becoming lost in other concurrent projects, a separate, specific completion date could be specified, but that this could mean a more expensive project. He said conversations with Minnetonka city staff have indicated participation in the project by paying the proportion of frontage on property within the Minnetonka city boundaries. Mayor Tierney opened the public hearing at 7:30 PM. Mike Charnley, 55 Kingsview Lane, stated that not everyone on the street would be pleased because of the estimated costs of the project. He requested that the City make every effort to keep project costs down. Adopted City Council Minutes November 18, 1998 Page 6 Paula Angela, 90 Kingsview Lane, said she does not approve of the project because of the cost and anticipated removal of trees, as well as traffic considerations. David Duchene, 25 Kingsview Lane, said his opposition to the project is based on concerns about increased traffic on the street after the project's completion, as well as the costs accompanying the project. Mary Outcalt, 65 Kingsview Lane, stated she has had problems with dust, gravel, and washouts on the dirt road throughout the course of each year. She supported the project. O. J. Arsts, 14805 Gleason Lake Drive, opposed the project costs, and asked the Council for a delay so that he could sell his house. Tom Walsh, 75 Kingsview Lane, said he had initially supported the project, but was now opposed to the increased assessments accompanying it. He asked that the city try to keep costs down, and by assessing Minnetonka residents for their lots. Sally Shissel, 35 Kingsview Lane, said she bought her house for the rural flavor of the neighborhood, and was opposed to the paving of the street. She said she and her husband cannot afford the costs of the assessment. Steve Rutz, 110 Kingsview Lane, said he supports the project. He said he changed his opinion after dealing with loose gravel and washouts. He said he objects to the project costs but supports the project. Dennis Heinzen, 70 Kingsview Lane said his only objection is the street width. He asked for construction of a spillway curb to give residents access for street parking, while maintaining a narrower street. Mark Shissel, 35 Kingsview Lane, stated he opposed the project because it would not add value to his home. He said he likes the gravel road and the country setting. Mayor Tierney closed the'hearing at 7:54 PM. Public Works Director Moore said the gravel road issue is difficult to address, since some people say they are not bothered by it. He said residents on the southerly and easterly portions of the street would gain from the project impact on drainage in the neighborhood. He said cut—through traffic may be increased because of an all—way stop at Niagara and Gleason Lake Drive, but that paving Kingsview Lane would make no difference to people cutting around the intersection. He said costs estimated were simply updated projections, not reflective of changes in design or plans. He said final costs can not be accurately given until the final design is complete on the project. He said a narrower road would bring some cost savings in street and asphalt work. Adopted City Council Minutes November 18, 1998 Page 7 He stated that surmountable curbs are more often used in new developments where driveway locations are unknown. He said that in this case, the driveways are already existing and it would be less disruptive to use vertical curbing. He said there would be little difference in costs. He stated that the City is not initiating this project, because some years back, that was done in the face of opposition from residents, and he was not willing to go against them again. He said the City has a deferral program for senior citizens and handicapped residents, but that would not offer City assistance in paying an assessment. He said an assessment hearing would be conducted before the contract for the project is awarded, for residents to appeal the costs, even if they are in favor of the project. Motion was made by Councilmember Bildsoe, seconded by Councilmember Wold, to adopt a resolution ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, KINGSVIEW LANE IMPROVEMENT PROJECT, CITY PROJECT NO. 9002. Councilmember Bildsoe stated he did not support the project, because he was concerned about costs. He asked arrangements can be made to keep project costs lower. Mayor Tierney said she supported the project, based on the residents' petition. Councilmember Wold said he supported the project if the City will watch costs and consider stopping it if there is an increase in cost to residents. Councilmember Spigner stated she believed the city should study keeping a more narrow street. Councilmember Black said she was not supporting the project. Motion failed, Councilmembers Bildsoe, Wold, and Mayor Tierney, aye; Councilmembers Johnson, Spigner, and Black nay. Motion was made by Councilmember Bildsoe , seconded by Councilmember Black, to adopt RESOLUTION 98-712 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, KINGSVIEW LIFT STATION REPLACEMENT, CITY PROJECT NO. 9002. Motion carried, six ayes. Councilmember Johnson stated that a Councilmember who had voted against the street improvement project could call for a reconsideration at the next meeting, when all councilmembers are present. Attorney Knutson stated that because this was a public hearing, a move to reconsider would require another public hearing and starting the notification process again. Adopted City Council Minutes November 18, 1998 Page 8 Item 8.1 Award Sale of $4,500,000 General Obligation Activity Center/Field House Bonds, Series 1998C Finance Director Hahn reported that the City has advertised the sale of the $4,500,000 General Obligation Activity Center/Field House Bonds. He said eight bids were submitted and tabulated by Springsted. He reported that the low bid came from Dain Rauscher, at a 4.2166% interest rate. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-713 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,500,000 GENERAL OBLIGATION ACTIVITY CENTER AND FIELD HOUSE BONDS, SERIES 199C. Motion carried, six ayes. Item 8.3 Revision of License and Permit Fees Risk Management Coordinator Pemberton presented his recommendation for the proposed fees charged for various miscellaneous licenses in the City. He explained the impact of a change in the Uniform Building Code fees. Councilmember Bildsoe said he would propose an increase from $30 to $50 for the peddler license fees. He said this was prompted by an increase in complaints to the Council and to the Police Department. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt ORDINANCE 98-39 AN ORDINANCE RELATING TO PERMIT PROCEDURES AND FEES AND AMENDING SECTIONS 1010.01, 1010,04, 1015.13,1015.17,1015.21, AND 1015.23 OF THE PLYMOUTH CITY CODE, WITH THE ADDITION OF AN INCREASE OF PEDDLER LICENSE FEES FROM $30 TO $50. Mayor Tierney stated she was uncomfortable with a 40% increase in charges for peddler licenses. Risk Management Coordinator Pemberton said the rates were set by comparisons with surrounding communities, and a need to justify administrative costs. Public Safety Director Gerdes explained the background check process and the criteria on whether a peddler or sales program would be subject to licensing fees. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to call the question. Motion carried; Councilmembers Johnson, Black, Bildsoe, and Wold aye; Councilmember Spigner and Mayor Tierney nay. Adopted City Council Minutes November 18, 1998 Page 9 Main motion carried, Councilmembers Johnson, Black, Bildsoe, and Wold aye; Councilmember Spigner and Mayor Tierney nay. Item 8.4 Draft Noise Ordinance Planning Supervisor Senness reviewed the history of the noise ordinance, and explained the Planning Commission has given it unanimous approval. She explained the standards that have already adopted by state, and said this update by the City standardizes enforcement for all activities. She said variances will be processed through the Public Safety Department. Community Development Director Hurlburt stated that fines for violators would be set to a maximum of $700 by a judge upon conviction, and would not be automatic. Public Safety Director Gerdes stated that noise measurement equipment will be purchased from the General Equipment Fund, and training will be given to employees. Bridget Jodell, 10100 South Shore Drive, represented residents in Southeast Plymouth around Medicine Lake. She thanked the Council for an ordinance she said was big on enforcement. Don Smith, 10000 South Shore Drive, thanked the Council for consideration of the ordinance. He thanked staff members for their efforts. Councilmember Spigner praised staff and the work of the Planning Commission for their efforts on the ordinance. She stated her concern now is for enforcement, and how long it will take to get a violator to justice. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt ORDINANCE 98-40 AN ORDINANCE AMENDING CHAPTER 20 OF THE PLYMOUTH CITY CODE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION. Motion carried, six ayes. Item 9.2 Traffic Study Public Works Director Moore reported on the traffic study of the area from Nathan Lane and the former Holiday Store, from County Road 9 to 45a' avenue, and then to Valley Forge Lane. He reported on the accident rates along Nathan Lane, and said that the City has a request before the County for upgrades in left turn signals at County Road 9 and northbound Nathan Lane, and said there are plans in the Capitol Improvements Program to place signals at the frontage road and Nathan Lane on the north side of County Road 9. He stated that requests came from citizens for all way stops along 45`x' and 46a' avenues. He said that the City's stop sign policy requirements do not apply in this situation since Adopted City Council Minutes November 18, 1998 Page 10 this is secondary collector street. He said staff recommended an all way stop sign at 45th and Valley Forge Lane, and a no left turn sign at Trenton Circle and 45th Avenue. Marco Schneider, 4505 Trenton Circle, asked for consideration of a stop sign on 45th Avenue at the east end of Trenton Circle. She said pedestrians come down from Sagamore Condominiums and cross 45th Avenue at Trenton Circle to access the City park path. She said school buses will have a difficult time stopping at intersection of Valley Forge. She submitted a petition recommending an all—way stop on Trenton Circle at 45th Avenue. She asked the Council to refrain from making a decision until all issues are studied. Sally Neil, 4515 Trenton Circle, supported a stop sign on 45th at Trenton Circle. Larry Berg, 4520 Trenton Circle, said he represented his mother who is a resident in the Sagamore Condominiums, and requested a four—way stop sign at 45th Avenue and Trenton Circle. Amy Meyer, 4660 Trenton Circle, said she supports stops signs at both ends of the circle. Pam Trombauer, 4525 Trenton Circle, stated that children as well as older people are crossing 45th Avenue from the Sagamore Condominiums. She said she supported a stop sign on 45th Avenue at Trenton Circle. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to receive the traffic study of Nathan Lane from County Road 9 to 45th Avenue, and 45th/46th Avenue from Nathan Lane to Zachary Lane and direct staff to take the following actions: 1) 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) Initiate longer term improvements on Nathan Lane from County Road 9 to 45th 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) Direct the City's Traffic Enforcement Unit to target areas of excessive speed on 45h/46 1h Avenue and on Nathan Lane south of 45th Avenue; and to table installation of stop sign installations at the "T" intersection of Valley Forge Lane and 46th Avenue, and installation of a southbound no left—turn sign at the intersection of Trenton Circle (east) and 46th Avenue, until traffic counts can be completed after Zachary Lane is fully opened, making certain all counts are for the same amount of time. Adopted City Council Minutes November 18, 1998 Page 11 Councilmembers thanked staff for the report. Councilmember Black stated that she believed the traffic counts will not be made until spring. She encouraged staff to meet with Robbinsdale Area School District 281 officials and bus drivers to discuss traffic and road conditions to help make recommendations on sign positioning. Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adjourn the meeting at 9:50 PM. Motion carried, seven ayes. V, . Kurt Ho an Deputy City Clerk