HomeMy WebLinkAboutCity Council Minutes 11-19-1997MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 19, 1997
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the Council Chambers, 3400 Plymouth Blvd., on November 19, 1997.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Spigner, Black, and
Bildsoe,.
ABSENT: Councilmembers Preus and Wold.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Park Director
Blank, Public Safety Director Gerdes, Finance Director Hahn, City Attorney Roger
Knutson, and City Clerk Ahrens.
Item 3 Plymouth Forum
No one spoke at the Forum.
Item 4-A Oaths of Office for Firefighters
Fire Chief Kline introduced five firefighters who have completed their
probationary period. Clerk Ahrens administered the oaths of office to: Darren
DeMatthew, Mike Helman, Chris Dore, Kenneth Carlson, and Robert
Anderson.
Item 4-11 Recognize Solid Waste Coordinator Kris Hageman
Councilmember Black explained that Solid Waste Coordinator Kris Hageman
for receiving the Denise Kolar Award from the Recycling Association of
Minnesota. The Council congratulated Kris Hageman on receiving this award.
Item 4-C Proclaim Chemical Health Week, November 17-23
Mayor Tierney proclaimed November 17-23 as Chemical Health Week, as
requested by School District 281. Public Safety Director Gerdes said that the
Plymouth Police Department and School District 284 also support this
proclamation.
Item 5 Approve Agenda
City Manager Johnson said that the applicant has requested the removal of
Item 8-A from this agenda.
Motion was made by Councilmember Black, seconded by Councilmember
Spigner, to approve the agenda with the deletion of Item 8-A. Motion carried,
five ayes.
Regular Council Meeting
November 19, 1997
Page 2
Item 6 Consent Agenda
Items 6-I and 64 were removed from the Consent Agenda. Councilmember
Spigner recorded a nay vote on Item 6-F.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt the Consent Agenda as amended. Motion carried, five ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to approve the minutes of the October 8, October 29, and November 3
Special Council Meetings. Motion carried, five ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-700 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING NOVEMBER 7,1997. Motion carried, five
ayes.
Item 6-C Amend Therapeutic Massage Ordinance
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt ORDINANCE 97-29 AMENDING CHAPTER 11,
SECTION 1135 OF THE PLYMOUTH CITY CODE CONCERNING
MASSAGE THERAPY. Motion carried, five ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt ORDINANCE 97-30 AMENDING CHAPTER 11,
SECTION 1135 OF THE PLYMOUTH CITY CODE CONCERNING
MASSAGE THERAPY. Motion carried, five ayes.
Item 6-1) Final Plat for "Plymouth Collection"
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-701 APPROVING FINAL PLAT FOR
BAKER PARTNERS, INC. FOR PROPERTY LOCATED NORTH OF
ROCKFORD ROAD BETWEEN I-494 AND BERKSHIRE LANE
97070-F). Motion carried, five ayes.
Item 6-E Increase in City Manager's Salary
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-702 INCREASING THE ANNUAL
SALARY OF THE CITY MANAGER TO $94,415 EFFECTIVE
JANUARY 1, 1998. Motion carried, five ayes.
Regular Council Meeting
November 19, 1997
Page 3
Item 6-F Creekside, LLC. (97122)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-703 APPROVING SITE PLAN AN
CONDITIONAL USE PERMITS FOR CREEKSIDE, LLC FOR
PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF
HIGHWAY 55 AND NATHAN LANE (97122). Motion carried: four ayes;
Spigner nay.
Item 6-G Bill Cavanaugh, Site Plan (97126)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-704 APPROVING SITE PLAN AND
VARIANCES FOR BILL CAVANAUGH FOR PROPERTY LOCATED
AT 2715 FERNBROOK LANE NORTH (97126). Motion carried, five ayes.
Item 6-H M. A. Mortenson Company. Variance at Wayzata High School (97142)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-705 APPROVING VARIANCE
REQUEST FOR M .A. MORTENSON COMPANY FOR
DIRECTIONAL SIGNAGE AT WAYZATA SENIOR HIGH SCHOOL
AND ELM CREEK PLAYFIELDS LOCATED AT 4955 PEONY LANE
NORTH (97142). Motion carried, five ayes.
Item 6-K Janco, Inc., Final Plat for French Ridge Park Third Addition (97162)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-706 APPROVING LOT DIVISION,
PRELIMINARY PLAT AND FINAL PLAT FOR JANCO, INC. FOR
FRENCH RIDGE PARK THIRD ADDITION LOCATED NORTH OF
XENIUM COURT NORTH AND SOUTH OF ROCKFORD ROAD
97162). Motion carried, five ayes.
Item 6-L Laurent Builders, Preliminary Plat for Silverthorne 4' Addition" (97133)
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-707 APPROVING PRELIMINARY
PLAT FOR LAURENT BUILDERS, INC. FOR SILVERTHORNE 4TH
ADDITION, LOCATED SOUTH OF THE SOO LINE RAILWAY,
WEST OF FERNBROOK LANE, AND EAST OF VICKSBURG LANE
97133). Motion carried, five ayes.
Regular Council Meeting
November 19, 1997
Page 4
Item 6-M Certificate of Exemption, Wetland Conservation Act, Lindell Property
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-708 AUTHORIZING THE MAYOR
TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991
WETLAND ACT, LINDELL PROPERTY AT HIGHWAY 169, NE%
SE'/o SECTION 1, T118, R.22. Motion carried, five ayes.
Item 6-N Order Public Hearing on Vacation of Easements
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-709 ORDERING PUBLIC HEARING
ON THE VACATION OF DRAINAGE AND UTILITY EASEMENTS,
PLYMOUTH OFFICE COMMERCIAL PARK. Motion carried, five
ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-710 ORDERING PUBLIC HEARING
ON THE VACATION OF EASEMENT RIGHTS FOR UTILITY
PURPOSES OVER AND ACROSS CARLSON COMPANIES
ADDITION NOW KNOWN AS CARLSON CENTER SECOND
ADDITION. Motion carried, five ayes.
Item 6-0 Final Payment, West Medicine Lake Park Improvements, Project 3030
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-711 REQUEST PAYMENT NO. 14
AND FINAL, WEST MEDICINE LAKE PARK IMPROVEMENTS -
PHASE I, CITY PROJECT NO. 3030. Motion carried, five ayes.
Item 6-P Change Order, City Center/Mann Theater Water Quality Treatment
Improvement, Project No. 7011
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-712 APPROVING CHANGE ORDER
NO. 2, CITY CENTER AREA/MANN THEATER WATER QUALITY
TREATMENT IMPROVEMENT, CITY PROJECT NO. 7011. Motion
carried, five ayes.
Item 6-Q Reduction in Required Financial Guarantee
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-713 REDUCING REQUIRED
FINANCIAL GUARANTEE, HUNTERS BLUFF ADDITION (94145).
Motion carried, five ayes.
Regular Council Meeting
November 19, 1997
Page 5
Item 6-R Payments on Ice Center Project
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-714 APPROVING CHANGE ORDER
NO.2 AND FINAL PAYMENT TO SWANSON & YOUNGDAHL, INC.
Motion carried, five ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-715 APPROVING FINAL PAYMENT
TO AMERIREC, INC. Motion carried, five ayes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-716 APPROVING FINAL PAYMENT
TO IMPERIAL DEVELOPERS. Motion carried, five ayes.
Item 6-S Tobacco License for Paradise Liquors, Inc.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-717 APPROVING TOBACCO
LICENSE FOR PARADISE LIQUORS. Motion carried, five ayes.
Item 6-T Activity Center - Contract Modification with Delano Erickson Architects
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to adopt RESOLUTION 97-718 EXTENDING CONTRACT
WITH DELANO ERICKSON ARCHITECTS. Motion carried, five ayes.
Item 7-A Off -Sale 3.2 Malt Liquor License for Holiday Stationstore #312
City Clerk Ahrens presented the staff report on the request of Holiday
Stationstore #312, 9705 Schmidt Lake Road, for an off -sale 3.2 malt liquor
license.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Spigner, seconded by Councilmember
Black, to adopt RESOLUTION 97-719 APPROVING OFF -SALE 3.2
MALT LIQUOR LICENSE FOR HOLIDAY STATIONSTORES, INC.,
9705 SCHMIDT LAKE ROAD.
Councilmember Black said that she supports this Holiday Store location, but
has concerns about the sale of liquor. There is an existing Holiday at County
Road 9 and Nathan Lane that sells liquor.
Councilmember Johnson shared that she had received a voice mail message
from Laurie Marchiniak who expressed concern about the sale of liquor so
near a residential area.
Regular Council Meeting
November 19, 1997
Page 6
Assistant Manager Lueckert said that the City Council has some discretion on
whether to issue a liquor license, but that the City Council should have
findings of factif the license is denied.
Attorney Knutson suggested if the Council's decision is to deny the license
request, that the Council direct the Attorney to draft findings of fact for
consideration at the next meeting.
Councilmember Johnson asked Public Safety Director Gerdes whether there
have been enforcement problems or liquor law violations related to 3.2 malt
liquor sales.
Public Safety Director Gerdes responded that there are several court processes
currently underway for liquor law violations. In general, 3.2 malt liquor sales
are much less of an enforcement problem than off -sale intoxicating liquor.
Motion was made by Councilmember Black, seconded by Councilmember
Spigner, to table the issue to December 3.
Chuck Monson represented Holiday Companies. He said that there are
currently four Holiday Stationstores in Plymouth that sell 3.2 malt liquor. The
company's decision for economic reasons was to apply for a liquor license for
the Schmidt Lake Road location, but not for the Campus Drive store. He said
that Holiday conducts internal compliance checks each month for alcohol and
tobacco. The Schmidt Lake Road store is proposed to open in early
December.
Councilmember Black asked what criteria is used by Holiday to determine
whether to apply for a liquor license at a particular location.
Mr. Monson said that they did not apply for a liquor license for the Campus
Drive location because of a lack of cooler space. He explained that the
company also considers issues such as distance to schools and residential
properties.
Motion to table failed: Black aye; four nays.
Motion to approve the license carried: four ayes; Black nay.
Item 7-13 Extension of Sunday Liquor Sale Hours
City Clerk Ahrens presented the staff report on a proposed ordinance to allow
Sunday sales of on -sale intoxicating liquor to begin at 10 a.m. rather than 12
noon.
Regular Council Meeting
November 19, 1997
Page 7
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt ORDINANCE 97-31 AMENDING CHAPTER XII OF
THE PLYMOUTH CITY CODE CONCERNING THE SALE,
CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES.
Motion carried, five ayes.
Item 8-A (6-I) Holiday Gas/Convenience Store Hours of Operation (97153)
Community Development Director Hurlburt presented the staff report on the
request of Holiday Stationstores, Inc., for a conditional use permit to extend
hours of operations to 24 hours per day, located at the southwest quadrant of
Highway 169 and Schmidt Lake Road. The Planning Commission
recommended approval by a 3 to 2 vote, with the additional recommended
condition that the applicant submit a revised lighting plan.
Councilmember Spigner asked about the concerns of the Commissioners
recommending against the proposal.
Community Development Director Hurlburt explained that they were
concerned about additional traffic and the need for a 24-hour gas/convenience
store at this location. Commissioners voting in favor of the request felt that it
met all standards and would be convenient for the traveling public and
residents in the area.
Motion was made by Councilmember Spigner, seconded by Councilmember
Black, to adopt RESOLUTION 97-720 APPROVING A CONDITIONAL
USE PERMIT FOR HOLIDAY STATIONSTORES, INC. TO EXTEND
THE HOURS OF OPERATION TO 24 HOURS A DAY FOR THE
GAS/CONVENIENCE STORE LOCATED AT THE SOUTHWEST
QUADRANT OF SCHMIDT LAKE ROAD AND HIGHWAY 169
97153).
Councilmember Black asked if the frontage road on Schmidt Lake Road will
be changed to one-way going north, as there are existing traffic problems
getting onto southbound Highway 169. She believes the problem will worsen
with the opening of the Holiday store.
Community Development Director Hurlburt said that no roadway changes are
proposed, but it can be considered if there is a traffic problem.
Regular Council Meeting
November 19, 1997
Page 8
Councilmember Black said that she has worked many job shifts and realizes
the importance of convenient 24-hour businesses. She shared that a resident
from her ward opposed the 24-hour operation.
Motion carried: four ayes; Johnson nay.
Item 8-B (6-.n Holiday Gas/Convenience Store Hours of Operation (97154)
Community Development Director Hurlburt presented the staff report on the
request of Holiday Stationstores, Inc., for a conditional use permit to extend
hours of operation to 24 -hours per day for the store located at Highway 55 and
Northwest Blvd. The Planning Commission unanimously recommended
approval of the request. One letter of objection was received from an area
resident. Director Hurlburt said that it is 900 feet to the nearest residential
neighborhood, and it is separated from the Holiday location by a number of
large industrial buildings. There are a number of other businesses in the
immediate area that can have 24-hour operation without a conditional use
permit.
Councilmember Spigner said that she received phone calls indicating that the
lights would be intrusive and additional traffic would be a problem. She
asked if there is a proven need for a 24-hour operation in this location.
Director Hurlburt responded that there is no requirement that the applicant
document the need. They may make the conditional use permit request and,
unless they fail to meet the criteria in the ordinance, it should be granted. She
said that given the distances and the intervening land uses, there is no
anticipation that the extended hours would result in a traffic or lighting impact
on the residential neighborhood.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt a RESOLUTION APPROVING A CONDITIONAL
USE PERMIT FOR HOLIDAY STATIONSTORES, INC., TO EXTEND
THE HOURS OF OPERATION TO 24 HOURS A DAY FOR THE
HOLIDAY GAS/CONVENIENCE STORE LOCATED AT THE
NORTHEAST QUADRANT OF NORTHWEST BLVD. AND
HIGHWAY 55 (97154).
Councilmember Johnson said that she will not support this request. She
believes that residents know when a proposed use will cause a problem for
their neighborhood. She said that her voting record is consistent and indicates
her concerns with 24-hour operations. She did not support 24-hour operation
for the Holiday Stores at the Schmidt Lake Road or Betty Crocker Drive.
Regular Council Meeting
November 19, 1997
Page 9
Councilmember Black noted that without the conditional use permit, this
business would be limited to hours of operation of 6 a.m. to 11 p.m. She
believes that 6 a.m. is too late to open to serve many residents leaving for
work.
Councilmember Johnson suggested that the hours could be extended to 5 a.m.
to 11 p.m., identical to the Holiday on Betty Crocker Drive.
Councilmember Black said that the Holiday on Betty Crocker Drive is much
closer to residences than in this location.
Chuck Monson representing Holiday Companies, said that Holiday strives to
be the easiest convenience store. The stores don't generally create additional
traffic, because most of the customers are passing by. Holiday Companies
believes that a 24-hour operation is more secure than an 18 -hour operation
with respect to robberies. He cited statistics from the City of St. Paul that
indicate robberies generally occur immediately before opening or after
closing. He said that the residences are quite a distance from this site.
Councilmember Spigner asked Public Safety Director Gerdes to address
public safety issues.
Public Safety Director Gerdes said that Plymouth had 10 robberies in 1996. It
would be difficult to create a relationship to hours of operation with this low
number of occurrences. He agreed that it is typical for robbery patterns to
revolve around opening and closing times and added that there are a number
of positive issues related to having businesses open 24 hours per day in the
community.
Motion was made by Councilmember Spigner, seconded by Councilmember
Bildsoe, to table the motion to December 3.
Councilmember Spigner indicated that she does not support this request.
Motion to table carried: four ayes; Johnson nay.
Item 9-A Council Subcommittee for Board and Commission Interviews
Assistant Manager Lueckert suggested that the City Council establish a
Subcommittee to interview board and commission applicants.
Councilmember Spigner, Councilmember Johnson, Councilmember Bildsoe,
and Mayor Tierney will serve on the Subcommittee and an invitation will be
extended to the two absent Councilmembers. The Council established
Thursday, December 11, at 6 p.m. for the Subcommittee meeting.
Regular Council Meeting
November 19, 1997
Page 10
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
adjourn the meeting at 8:01 p.m. Motion carried, five ayes.
Laurie Ahrens
City Clerk