HomeMy WebLinkAboutCity Council Minutes 12-17-1997Adopted Minutes
Regular City Council Meeting
December 17,1997
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 December 17, 1997.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Black, Bildsoe, and
Wold.
ABSENT: Councilmembers Preus and Spigner.
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 Knutson,
and City Clerk Ahrens.
Item 3 Plymouth Forum
No one appeared for the Forum.
Item 4-A Recognition of Employee Retirements
Community Development Director Hurlburt announced the retirement of
Plumbing Inspector Don Kilian. A plaque will be presented to Mr. Kilian at a
later date.
Public Safety Director Gerdes announced the retirement of Investigator Bill
Hanvik. Mayor Tierney presented a plaque to Mr. Hanvik in recognition of
his 26 years of service as a police officer.
Item 4-11 Find Lester Contest
Public Safety Director Gerdes, Deputy Fire Chief Burke, Public Safety
Education Specialist Cwaya, and Crime and Fire Prevention Fund member
Billie Goodman invited residents to participate in the "Find Lester Contest"
beginning in January 1998. The contest will stress the importance of
maintaining smoke detectors and encourage other fire prevention efforts.
Item 4-C Plymouth Metrolink Transit Award
Mayor Tierney explained that Plymouth recently won the Transit System of
the Year Award.
Transit Administrator John Sweeney accepted the award and described the
upcoming transit job fair. He said that 1997 is a record year for transit
ridership in Plymouth.
Adopted City Council Minutes
December 17, 1997
Page 2
Item 4-D Ward 1 Meeting
Councilmember Bildsoe announced that he will host a Ward 1 meeting on
Monday, February 23, at 7:00 p.m., in the Council Chambers. Congressman
Ramstad will also be in attendance.
Item 5 Approve Agenda
Mayor Tierney requested that a report on the National League of Cities
conference be added to the agenda.
City Manager Johnson reported that Councilmember Spigner has requested
that the Council consider tabling Agenda Item 8-B. She is pursuing options
related to the proposed project.
Councilmember Johnson requested the addition of an item relating to Roberts
Rules of Order.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to approve the agenda with the addition of a report on the National
League of Cities conference and an item relating to Roberts Rules. Motion
carried, five ayes.
Item 6 Consent Agenda
City Manager Johnson noted that a revised Item 6-A has been distributed.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt the Consent Agenda as amended. Motion carried, five ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to approve the minutes of the December 3 Truth in Taxation Hearing
as amended and the December 3 Regular Meeting. Motion carried, five ayes.
Item 6-11 Approve Disbursements
Motion was made by Councilmember Preus, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-741 APPROVING
DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 5,1997.
Motion carried, five ayes.
Item 6-C License Renewals
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-742 APPROVING 1998
AMUSEMENT LICENSES. Motion carried, five ayes.
Adopted City Council Minutes
December 17, 1997
Page 3
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-743 APPROVING GASOLINE
SERVICE STATION LICENSES FOR 1998. Motion carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-744 APPROVING KENNEL
LICENSE FOR 1998. Motion carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-745 APPROVING TARGET AND
TRAP SHOOT LICENSE FOR PLYMOUTH GUN CLUB. Motion
carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-746 APPROVING 1998 TOBACCO
LICENSES. Motion carried, five ayes.
Item 6-1) Quality Carpet Care Interim Home Occupation License
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-747 APPROVING AN INTERIM
HOME OCCUPATION LICENSE FOR TERRY MCKINZIE/QUALITY
CARPET CARE AT 12600 SUNSET TRAIL (97158). Motion carried, five
ayes.
Item 6-E Cable Television Franchise Agreement
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-748 ENDORSING THE CABLE
TELEVISION FRANCHISE AGREEMENT BETWEEN THE
NORTHWEST SUBURBS CABLE COMMUNICATIONS
COMMISSION AND KING VIDEOCABLE. Motion carried, five ayes.
Item 6-F 1997 CDBG Budget Revision and 1998 Partial CDBG Allocation
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-749 APPROVAL OF REVISED 1997
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET
AND ALLOCATION OF ANTICIPATED 1998 CDBG FUNDING FOR
SHENANDOAH WOODS APARTMENTS. Motion carried, five ayes.
Item 6-G Ryan Companies, Employers Association, Inc. Building
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-750 APPROVING SITE PLAN AND
VARIANCE FOR RYAN COMPANIES US, INC. FOR EMPLOYERS
ASSOCIATION, INC. PROPERTY LOCATED ON 45TH AVENUE
EAST OF NATHAN LANE (97172). Motion carried, five ayes.
Adopted City Council Minutes
December 17, 1997
Page 4
Item 6-H Street Name Change in the Conor Meadows Subdivision
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt ORDINANCE 97-32 CHANGING THE STREET
NAME IN THE CONOR MEADOWS SUBDIVISION. Motion carried,
five ayes.
Item 6-I 1997 Pavement Management Study Update
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-751 APPROVING THE 1997
PAVEMENT MANAGEMENT UPDATE REPORT, CITY PROJECT
NO. 7015. Motion carried, five ayes.
Item 6-J Reduction in Required Financial Guarantee
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-752 REDUCING REQUIRED
FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion
carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-753 REDUCING REQUIRED
FINANCIAL GUARANTEE, MISSION VIEW ADDITION (94158).
Motion carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-754 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLUM TREE ADDITION (94162). Motion
carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-755 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLYMOUTH PONDS BUSINESS PARK
95005). Motion carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-756 REDUCING REQUIRED
FINANCIAL GUARANTEE, THE COURTS AT NANTERRE (96023).
Motion carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-757 REDUCING REQUIRED
FINANCIAL GUARANTEE, GOLFVIEW WOODS ADDITION
96056). Motion carried, five ayes.
Adopted City Council Minutes
December 17, 1997
Page 5
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-758 REDUCING REQUIRED
FINANCIAL GUARANTEE, PLUM TREE 2ND ADDITION (96103).
Motion carried, five ayes.
Item 6-K Reimbursement for Trunk Watermain Construction (96023)
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-759 REIMBURSING DEVELOPER
FOR REQUIRED 16" TRUNK WATERMAIN CONSTRUCTION, THE
COURTS OF NANTERRE (96023). Motion carried, five ayes.
Item 6-L Set Hearing on Easement Vacation
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-760 ORDERING PUBLIC
HEARING ON THE VACATION OF A PERMANENT EASEMENT
FOR STREET AND UTILITY PURPOSES, OUTLOT A, PLYMOUTH
FREEWAY CENTER 4TH ADDITION. Motion carried, five ayes.
Item 6-M Payment No. 10, Park Bond Trails, Project 4017
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-761 REQUEST FOR PAYMENT
NO. 10, 1996 PARK BOND TRAILS, CITY PROJECT NO. 4017.
Motion carried, five ayes.
Item 6-N Payments on West Medicine Lake Park Improvements, Project 7020
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-762 REQUEST FOR PAYMENT
NO.3 AND FINAL, WEST MEDICINE LAKE PARK
IMPROVEMENTS - PHASE II, CITY PROJECT NO. 7020. Motion
carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-763 REQUEST FOR PAYMENT
NO.6 AND FINAL, 12THAVENUE IMPROVEMENTS, CITY
PROJECT NO. 5023. Motion carried, five ayes.
Item 6-0 Elm Creek Playfield Change Orders
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-764 APPROVING CHANGE
ORDERS FOR THE ELM CREEK PLAYFIELD. Motion carried, five
ayes.
Adopted City Council Minutes
December 17, 1997
Page 6
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-765 APPROVING CHANGE
ORDER TO ELECTRIC SERVICE CO. OF MINNEAPOLIS, INC.
Motion carried, five ayes.
Item 6-P Revising City of Plymouth Municipal State Aid System
Motion was made by Councilmember Black, seconded by Councilmember
Bildsoe, to adopt RESOLUTION 97-766 ESTABLISHING A
MUNICIPAL STATE AID STREET AND REVOKING A MUNICIPAL
STATE AID STREET UNDER PROVISIONS OF MINNESOTA LAWS
OF 1967, CHAPTER 162. Motion carried, five ayes.
Item 7-a Roberts Rules
Councilmember Johnson said that at the last regular meeting, a member of the
audience stated that minutes cannot be altered after they are adopted. She said
that this was in error as there is such a provision in Roberts Rules of Order.
Also, members of the audience cannot make points of order under Roberts
Rules.
Councilmember Wold responded that as Presiding Officer at the last meeting,
he made a ruling with respect to the minutes approval and it was not
challenged by the body. When an audience member raised a point of order, he
waited for an objection from the Council. Hearing no objection, he allowed
the person to speak, effectively, by unanimous consent. He said that if a
Councilmember has a concern relating to Roberts Rules of Order, the
appropriate action is to immediately appeal the ruling of the Chair, rather than
wait until a future meeting to address it.
Councilmember Johnson agreed that a Councilmember could have appealed a
ruling at the time. Her point in bringing these issues forward is to clarify
Roberts Rules. She does not believe it is appropriate to recognize audience
members making points of order in the future.
Councilmember Wold suggested that a memo on this issue would have
sufficed.
Chuck Lymangood, 11780 40`h Place North, said that Councilmember
Johnson is correct about the changing of minutes under this version of Roberts
Rules of Order. He cautioned the Council about not allowing audience and
staff members to point out errors of procedure. He cited a situation that
occurred several years ago where a staff member raised a point of order with
respect to Council action on the Sam's Club matter. The issue caused a
significant amount of concern and legal expense for the City.
Adopted City Council Minutes
December 17, 1997
Page 7
Item 7-A Public Hearing on 1998 Budgets and Tax Levies
Finance Director Hahn presented the staff report on the 1998 budget and tax
levies. The Truth in Taxation hearing was held on December 3.
Mayor Tierney opened the public hearing on the 1998 budget and tax levies.
Chuck Lymangood, 11780 40' Place North, said that the 1998 budget
materials indicate that a special election is planned for early 1998. He
believed the budgeted amount was $28,000. He said that in a General
Election year, a $28,000 expenditure for a special election is money wasted,
and he objected to this expenditure. He suggested that $28,000 could be better
used to pay City employees to work at the ice arena, rather than someone
doing the work as part of a punishment. He also noted that there is a
significant percentage difference between the 1997 and 1998 General
Government expenditures in the General Fund Budget. Mr. Lymangood said
that Plymouth residents have a right to review that line item in the same detail
as the Council. He said that detailed budget information is not available in the
Council Chambers this evening and suggested that the Council adopt policies
and procedures with regard to making information available to the public.
Councilmember Wold said that there are timing issues involved with regard to
the proposed special election, similar to when the Council held the open space
referendum on parks and trails issues. He believes it is proactive for the
Council to budget for a possible special election in early 1998 because it could
save significant funds related to construction cost. Councilmember Wold
noted that this evening the Council did not receive a line -by-line copy of the
budget; therefore, no public copy was provided in the Council Chambers.
However, he believes this would be good practice in the future. He directed
staff to ensure that there is a full copy of budget materials available at all
meetings related to the budget in the future.
Councilmember Bildsoe said that the 1998 budgeted cost for a special election
is $13,000.
City Manager Johnson noted that most of the increase in the General
Government category relates to the election budget. There is a State primary
and general election in 1998 which causes a major increase in election judge
salaries and related costs. The elections budget also includes funds for
creating new precincts, purchasing additional voting booths, and funding a
possible special election for an activity center.
Mayor Tierney asked staff to provide a detailed copy of the proposed budget
to any members of the audience interested at this meeting.
Adopted City Council Minutes
December 17, 1997
Page 8
Councilmember Bildsoe thanked the Finance Department for work on the
budget over the past year. He said that the Finance Director recently provided
information on where the estimated surplus from the City's 1997 budget could
be spent. Councilmember Bildsoe noted that by 2012, the Public Facilities
Fund is projected to have a deficit of $6 million, and the Park Replacement
Fund is projected to begin a deficit in 2008. He noted that the City spent over
22 million in the past four years on capital improvements. The City has
enjoyed a great economic cycle, and it is time to start saving money and
protecting for the future of the City. He recommends that the 1997 surplus be
allocated to reserve funds to protect Plymouth's future.
Mayor Tierney closed the public hearing.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-767 ADOPTING 1998 BUDGETS
and RESOLUTION 97-768 PROPERTY TAX LEVIES FOR TAXES
PAYABLE IN 1998.
Councilmember Wold said that when elected to office, he promised that he
would not raise the City's tax rate. The 1997 tax rate was 14.53 and the
proposed 1998 tax rate is 14.85, which would be an increase of .32. He will
support the resolution, but feels bad that he was unable to absolutely hold true
to his promise to the voters. The City's 1998 tax rate would be a one percent
decrease had the State laws not changed. He noted that the proposed 1998 tax
rate will result in a reduction in City taxes on the average valued home in
Plymouth, but wants to fully disclose his action on this item. He believes that
adopting this tax rate is the responsible thing to do and is consistent with his
oath of office.
Motion carried, five ayes.
Item 7-B Vacation of Easements
Public Works Director Moore presented the staff report on the vacation of
drainage and utility easements and street right-of-way within Plymouth
Business Center 6`h Addition and Plymouth Office Commercial Park. He said
that an objection was previously received from US West; however, they have
a relocation plan for the phone cable and have withdrawn their objection.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Adopted City Council Minutes
December 17, 1997
Page 9
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to adopt RESOLUTION 97-769 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENT AND
STREET RIGHT-OF-WAY, PLYMOUTH BUSINESS CENTER 6TH
ADDITION AND PLYMOUTH OFFICE COMMERCIAL PARK, and
RESOLUTION 97-770 SETTING CONDITIONS TO BE MET PRIOR
TO FILING OF RESOLUTION 97-769, VACATING DRAINAGE AND
UTILITY EASEMENT AND STREET RIGHT-OF-WAY WITHIN LOT
8, BLOCK 2, PLYMOUTH OFFICE COMMERCIAL PARK AND LOT
2, BLOCK 1, PLYMOUTH BUSINESS CENTER 6TH ADDITION.
Motion carried, five ayes.
Item 7-C Vacation of Easements in Carlson Companies Addition
Public Works Director Moore presented the staff report on the vacation of
utility easement reserved over a peripheral road located within Lot 1, Block 2,
and Lot 1, Block 3, Carlson Companies Addition now known as Lot 1, Block
1, Carlson Center Second Addition along with a drainage and utility easement
located on either side of the vacated peripheral road. He said this vacation
was done about 18 years ago, but this action is needed to resolve a title
problem.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-771 AUTHORIZING THE
VACATION OF DRAINAGE AND UTILITY EASEMENT AND
EASEMENT RIGHTS FOR UTILITY PURPOSES OVER AND
ACROSS CARLSON COMPANIES ADDITION NOW KNOWN AS
CARLSON CENTER SECOND ADDITION. Motion carried, five ayes.
Item 7-D Liquor License Application of Hunan Buffet Inc.
City Clerk Ahrens presented the application of Hunan Buffet, Inc., for an on -
sale 3.2 liquor license at 10820 Highway 55.
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 RESOLUTION 97-772 APPROVING ON -SALE 3.2
MALT LIQUOR LICENSE FOR HUNAN BUFFET, INC., 10820
HIGHWAY 55. Motion carried, four ayes (Wold absent).
Adopted City Council Minutes
December 17, 1997
Page 10
Item 7-E Liquor License Application of Vintage Market LLC
City Clerk Ahrens presented the staff report on the application of Vintage
Market LLC, d/b/a Vintage Market Fine Wine and Spirits for an off -sale
liquor license at the northwest quadrant of Rockford Road and I-494.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-773 APPROVING OFF -SALE
INTOXICATING LIQUOR LICENSE FOR VINTAGE MARKET LLC,
D/B/A VINTAGE MARKET FINE WINE & SPIRITS AT THE
NORTHWEST QUADRANT OF I-494 AND ROCKFORD ROAD.
Motion carried, five ayes.
Item 7-F Liquor License Application of Famous Dave's BBQ Shack
City Clerk Ahrens presented the staff report on the application of D & D of
Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, 11308 Highway 55.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Johnson, seconded by Councilmember
Black, to adopt RESOLUTION 97-774 APPROVING ON -SALE 3.2
MALT LIQUOR LICENSE AND WINE LICENSE FOR D & D OF
MINNESOTA, INC., D/B/A FAMOUS DAVE'S BBQ SHACK, 11308
HIGHWAY 55. Motion carried, five ayes.
Item 8-A Gleason Lake Traffic Issues
Public Works Director Moore said that the City Council recently received a
petition request from homeowners along Gleason Lake Drive related to
various traffic control issues. He explained that Gleason Lake Drive was a
county road until 15 years ago. As part of the redevelopment in the area, the
City took over from the County the portion of County Road 15 (Gleason Lake
Drive) within Plymouth. Prior to this transfer, County Road 15 crossed I-494
with a grade -separated crossing and connected to Xenium Lane. As part of
the Carlson Center development, there was a requirement for the construction
of the interchange at Carlson Parkway, and Xenium Lane was changed to
make a straight roadway alignment and interchange.
He said that the last traffic count when it was a county road indicated there
were 5,000 vehicles per day. This count dropped to 4,100 and has remained
stable. The latest count done in 1997 was 4,500 vehicles per day. He said that
Gleason Lake Drive serves as a major collector street. Director Moore
Adopted City Council Minutes
December 17, 1997
Page 11
explained that the petition addresses several issues related to traffic concerns.
He said that this roadway had over 60 homes developed on it when it was a
county road.
Director Moore reviewed the petition requests. The first request is for an all -
way stop sign at Gleason Lake Drive and Carlson Parkway. This was
installed about a month ago. The residents don't want a traffic signal at that
location; however, at some point in the future, a traffic signal will be
necessary to avoid traffic backup near I-494. The second request was to
reduce the speed limit from 35 mph to 30 mph. This roadway is classified as a
state aid roadway under the City's transportation system. In order to amend
the speed limit, the City would have to request a study by the State, and the
State would determine the safe and reasonable speed. In this traffic study, a
lot of weight is placed on the speed that 85 percent of the motorists are
traveling. He said that the City study indicate that the 85' percentile is 43
mph, which substantially exceeds the current limit. He recommended that the
City not request that the State conduct a study because they could likely
increase the speed on the roadway. The staff recommends that selective traffic
enforcement be used to try to reduce the speed of vehicles on this roadway.
Director Moore said that the third petition request was for all -way stop sign
installations at Niagara Lane and at Ranchview Lane. He said that Niagara
Lane is a minor collector street, and staff recommends an all -way stop be
installed at Niagara Lane and Gleason Lake Drive. This would place the stops
at one-half mile intervals on the roadway. Staff does not recommend an all -
way stop at Ranchview Lane as the sight distance is adequate and the traffic
volumes do not justify an all -way stop.
Director Moore said that five marked crosswalks have also been requested on
the roadway. He said there are no concentrated points of pedestrian traffic
crossing the roadway. Staff has checked with the school district and all grade
school and middle school students are picked up on the correct side of the road
so that children do not have to cross the roadway. Staff does not recommend
marked crosswalks on this roadway because it could create a false sense of
security for pedestrians. He said that the final petition request relates to
prohibiting through trucks from the roadway. This could be done, but because
it is a state -aid roadway, it would need concurrence from the Commissioner of
Transportation. He suggested that if the City submits such a request, the City
should have data available on the number and type of trucks using the
roadway. It is labor intensive to collect this type of data. He suggested that if
the neighborhood is willing to collect that data and it shows a substantial
number of through trucks, the City could submit the request to the State.
Adopted City Council Minutes
December 17, 1997
Page 12
Mayor Tierney asked if staff had talked with area residents about the
collection of data regarding truck traffic.
Director Moore said that residents have not been approached about collecting
the data, but typically it would be collected in the spring.
Councilmember Wold asked for an estimated cost if the City collected the
truck traffic data.
Director Moore responded it would cost about $3,000.
Councilmember Johnson asked if residents have previously been asked to do
this type of data collection.
Public Works Director Moore said that this type of data collection has not
been done by residents before, but this is the first time the City has received a
request to eliminate through trucks.
Councilmember Black asked if the City has a policy on crosswalks. She said
that many residents are concerned about crossing roadways and are unsure
about what the State laws require motorists to do if pedestrians are in the
crosswalks.
Public Works Director Moore responded that the City places marked
crosswalks at signalized intersections, at locations where trails intersect
roadways, and immediately adjacent to some schools.
Public Safety Director Gerdes explained that the state law previously required
a motorist to only "yield the right-of-way" to a pedestrian in a crosswalk. The
new state law requires motorists to stop for motorists who have entered a
crosswalk.
Councilmember Johnson asked when the signal installation is anticipated at
Gleason Lake Drive and Carlson Parkway and how the installation will be
funded.
Director Moore said that the traffic signals will likely be needed when the
occupancy of the office building begins. Traffic signals are paid for by the
City, except the developer in this situation would pay 25 percent of the cost
since one leg of the intersection is a private driveway.
Jim Gregory, 14811 Gleason Lake Drive, said he was rear-ended on Gleason
Lake Drive and traffic problems have increased over the past 15 years.
Vehicles are traveling at too high a speed given the large numbers of
Adopted City Council Minutes
December 17, 1997
Page 13
driveways along this roadway. Mr. Gregory said there have been continual
promises that Carlson Parkway will absorb the bulk of the traffic impact from
Gleason Lake Drive; however, this has not occurred. There has been habitual
use of Gleason Lake Drive because it is a shorter distance. He said that unless
there is a deterrent, people will continue to use Gleason Lake Drive as the
primary roadway in this area. Mr. Gregory does not support a traffic signal at
Carlson Parkway and Gleason Lake Drive until the need is certain, and he
noted there are not current traffic backups. He said that things have improved
since the all -way stop signs were installed at Gleason Lake Drive and Carlson
Parkway.
Ruth Gregory, 14811 Gleason Lake Drive, said that residents of this
neighborhood want to be heard with regard to their traffic concerns. She
suggested that this could be done in a forum other than at a Council meeting.
Ms. Gregory offered her property for placement of a current vehicle speed
sign. She said school buses are picking up children on the same side of the
roadway as their homes this year for the first time. Children previously had to
cross the roadway. She said that the speed limit on Gleason Lake Drive was
previously increased from 30 mph to 35 mph by the Minnesota Department of
Transportation following a speed study. She asked the Council to help the
residents find a solution to the traffic problems.
Robert Hall, 15815 Gleason Lake Drive, said that he has spoken to all
residents along Gleason Lake Drive. The residents are determined to be heard
and need someone to represent them to find a solution to the traffic problems.
Mr. Hall said he has provided staff with information on where seniors and
children live along the roadway. He said that through trucks should be
prohibited from the roadway, and he noted that this road has ditches with no
shoulders and NSP poles are immediately adjacent to the roadway. Mr. Hall
said that it makes no sense for the Minnesota Department of Transportation to
set the speed limit at the 85 percentile.
In response to a question by Mr. Hall, Public Works Director Moore explained
the meaning of seasonal regulation of trucks. Typically, trucks are prohibited
for a certain period in the spring of the year because roads do not have the
base to support larger trucks during the spring thaw.
Mayor Tierney offered to meet with Mr. Hall, neighbors, and staff to further
discuss the traffic issues.
Bob McKee, 14530 Gleason Lake Drive, said there is a traffic backup in the
morning peak hours. He referenced a 1994 memo written by staff which
indicated that the Carlson Parkway and Gleason Lake Drive intersection
currently operates over capacity in the a.m. and p.m. peak hours. The a.m.
Adopted City Council Minutes
December 17, 1997
Page 14
peak hour counts met the warrants for traffic signal control. The cost of the
traffic signals at that time was estimated at $50,000. In the memo, staff
recommended that the traffic signals should be installed concurrently with the
Carlson office development. Mr. McKee said that the only way to address the
traffic problems on Gleason Lake Drive is to reroute traffic by installing a
berm so that there can be no through traffic from Gleason Lake Drive to
Wayzata.
Alan Gustner, 14611 Gleason Lake Drive, said that the all -way stop signs at
Gleason Lake Drive and Carlson parkway have improved the traffic problems.
He does not support signals in that location. He believes that crosswalks on
Gleason Lake Drive could improve the safety situation if they were enforced.
Public Works Director Moore summarized that the major problem appears to
be that traffic is currently traveling substantially faster than the posted speed
limit.
Councilmember Black said she would support installation of crosswalks on
Gleason Lake Drive, but she is unsure of the appropriate locations. She asked
if a green arrow is mandatory on a future signal light at Carlson Parkway and
Gleason Lake Drive. One of the issues mentioned by residents is that the
existing all -way stop effectively serves to meter the traffic. She also requested
that staff place an article in the City newsletter to help educate residents on
laws relating to crosswalks.
Councilmember Johnson asked if an all -way stop installation at Niagara Lane
could help to reduce vehicle speed or influence the State's monitoring of the
85" percentile speed.
Director Moore said that studies indicate stop signs only impact the speed of
traffic within about 200 feet of the stop sign. Motorists moving away from
stop signs generally travel faster to make up time because they had to stop.
The state would conduct a speed study at midpoint of the stop signs.
Councilmember Johnson suggested that residents contact the State about
speed limit issues. She said that the cities of Minneapolis and Plymouth are
currently the only communities that want to regulate their own speed limits.
She suggested that a crosswalk could be marked at Niagara Lane if an all -way
stop is installed. She asked about the impact on safety if a series of
crosswalks were installed at various intersections along the roadway.
Public Works Director Moore said a series of crosswalks could cause more
rear -end accidents since vehicles would be stopping at various points along
the roadway.
Adopted City Council Minutes
December 17, 1997
Page 15
Councilmember Johnson requested that information submitted by residents on
the number of seniors and children living along this roadway be provided to
the City Council.
Councilmember Wold said that when he began serving on the City Council, he
favored sidewalks in order to address the problem of children getting to bus
stops. A citizen survey conducted about two years ago indicated that 80
percent of respondents are opposed to sidewalks in Plymouth.
Councilmember Bildsoe said that he is unsure that the residents concerns
about traffic problems will be satisfied even if the Council approves the
petition requests. He questioned how the traffic concerns could be eliminated
other than by closing the roadway.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-775 INSTALLATION OF "ALL -
WAY" STOP SIGNS at Niagara Lane and Gleason Lake Drive.
Councilmember Black said that although this may not resolve all concerns, it
is one step toward what the neighborhood is requesting.
Motion to amend was made by Councilmember Black, seconded by
Councilmember Wold, to include a marked crosswalk on Gleason Lake Drive
at Ranchview Lake.
Councilmember Black asked staff to set up a meeting with the residents to
determine if there are other things that can be done to improve safety.
Public Safety Director Gerdes said that this location will be added to the list
rotation for the traffic speed indicator sign, as well as continued enforcement
efforts.
Mayor Tierney said that an education campaign is needed.
Motion to amend carried, five ayes.
Main motion as amended carried, five ayes.
Mayor Tierney called a five-minute break.
Motion was made by Councilmember Black, seconded by Mayor Tierney, to suspend the
rules and move Item 8-D as the next agenda item. Motion carried, five ayes.
Adopted City Council Minutes
December 17, 1997
Page 16
Item 8-1) Indoor Commercial Recreational Facility (97164)
Community Development Director Hurlburt presented the staff report on the
request of Legacy, Inc., for an indoor commercial recreational facility (skate
park) at 2735 Cheshire Lane. There is a building to the north of the site which
is occupied by the Metropolitan Mosquito Control District. There are two
entrances to the area of the building proposed for the skate park. A main
entrance on the south side of the building was originally proposed and staff
recommended denial because the proposal did not meet the conditional use
permit standards with respect to parking and safety. Subsequently, the
applicant submitted a revised site plan relocating the skate park's main
entrance to the north side of the building. The Planning Commission
recommended approval of the revised plan on a split vote. Staff continues to
recommend denial as the revised plan raises the same issues as the original
plan -- inadequate parking and endangerment to public health and welfare.
Mayor Tierney said that parking is a concern with respect to this application.
She asked if staff has received any assurance from the adjacent building owner
that there will be less truck traffic in the area of the skate park entrance.
Community Development Director Hurlburt responded that no new
information has been submitted.
Nan Morris, 4640 Shenandoah Lane, said they have been looking for a skate
park site for some time. This warehouse was selected because of its
availability, its accessibility, and because it is on an isolated road without
much traffic on the frontage road. There is some truck traffic but it is mostly
vans, and the tenant will be leaving in the next several weeks. She said that
skating will occur inside the building; not in the parking lot, and noted that
youth are currently skating in the streets. A structured setting of an indoor
skate park would be safer. Ms. Morris said that she is a child protection
investigator and she would not suggest this site if it were a risk. She
explained that a southerly entrance was originally proposed, but staff advised
that the entrance should be moved to the north. She said there are only nine
parking spaces near the north entrance, and the remainder of the parking is
owned by Metropolitan Mosquito Control. She presented a letter from
Metropolitan Mosquito Control allowing use of their parking area for skate
park overflow parking. She requested that the Council consider allowing the
original site plan with the southerly entrance because the parking area is
owned by the warehouse.
Greg Baufield, 4600 Shenandoah Lane, said his son is a roller blader and has
been asked to leave several public areas. He believes that children need a
place to skate and that the proposed facility could safely accommodate a skate
Adopted City Council Minutes
December 17, 1997
Page 17
park. He noted that it would be difficult to find an alternate location, and he
supports the request.
Councilmember Wold thanked Mr. Baufield, School District 284 member, for
the collaborative efforts to date. Councilmember Wold stated that this facility
will likely not fulfill all of the needs for skate parks in the City, and he looks
forward to working with District 284 on an additional location.
Chip Weeks represented the applicant, Legacy, Inc. He said that skate park
users typically skate for two hours. At a similar facility, there is need for six
parked vehicles and the hours of operation are proposed as 3:00 p.m. to 10:00
p.m.
Patrick W. Tyk represented Cheney Properties. He said that truck traffic at
this building has been minimal over the past seven years. There are only three
to five semi -trailers per day. The other tenants in the building are primarily
warehouse, not manufacturing uses. The tenant who currently occupies about
50 percent of the parking lot will be leaving at the end of December, and the
parking area will be remarked.
Community Development Director Hurlburt showed the parking layout.
Mr. Tyk said that the majority of the truck traffic is on the south side of the
building. The entrance to the skate park would be on the north side of the
building. There are two dock doors on the west side of the building which are
not currently in use.
Noelle Robichon, Robichon's Skate School USA, said it is important to have
an indoor skate park for kids. She has operated a skate school for five years,
and the proposed facility would be an ideal location for youth as a safe
location to develop their interests.
Councilmember Johnson noted that the draft approving resolution includes a
requirement that the applicant shall obtain a recorded access easement from
the northerly property owner -- the Mosquito Control District.
Community Development Director Hurlburt clarified that staff recommends
the condition; however, the Mosquito Control District is not willing to grant
such an easement.
City Attorney Knutson said that without an easement, the Mosquito Control
District could prohibit parking on their property for the skate park. He
advised that the Council needs to determine the importance of ensuring there
is parking for the skate park.
Adopted City Council Minutes
December 17, 1997
Page 18
Councilmember Johnson said that the entrance was changed from the south
side of the building to the north side because of staff concerns relating to truck
traffic. However, there is inadequate parking on the north side. She asked
what data was used to determine the number of parking spaces needed.
Community Development Director Hurlburt said it is difficult to determine
how many parking spaces are needed based on comparable uses.
Mayor Tierney asked if the Council could review the conditional use permit
after six months or one year to determine if there are parking or safety
problems.
Community Development Director Hurlburt responded that the Council could
direct review of the parking situation, but this is not a temporary or interim
use with an expiration date. Once the conditional use permit is issued, it
would continue unless the applicant violated a condition of the use. She said
there are general conditions under the conditional use permit standards which
could be used in the future to address a serious health, safety or welfare issue.
City Attorney Knutson suggested that the following condition could replace
Condition 5: "Adequate parking must be provided for the facility and if there
are parking problems that create safety issues, the use must terminate."
Motion was made by Councilmember Johnson, seconded by Councilmember
Wold, to adopt RESOLUTION 97-776 APPROVING A CONDITIONAL
USE PERMIT FOR LEGACY, INC., TO OPERATE AN INDOOR
RECREATIONAL FACILITY (SKATE PARK) AT 2735 CHESHIRE
LANE NORTH (97164), replacing Condition 5 to read: "Adequate
parking must be provided for the facility and if there are parking
problems that create safety issues, the use must terminate."
Councilmember Johnson said there is an overwhelming need for a skate park,
and she is glad that the proposal is from the private sector. The skate park will
be available for year -around use. She has received many phone calls in
support of the request and none opposing it. This is a central location, and
dance and cheerleading facilities have previously been approved in industrial
settings. She hopes that the skate park can work harmoniously with the
Mosquito Control District, but noted that the Council should review the permit
if parking or safety becomes a problem.
Councilmember Bildsoe said that he respects the opinion of the planning staff
that this is not an ideal location for this use, but there is a greater need for a
skate park facility.
Adopted City Council Minutes
December 17, 1997
Page 19
Motion to amend was made by Councilmember Bildsoe, seconded by
Councilmember Wold, to delete Condition 5.
Councilmember Bildsoe explained that it is difficult to define a traffic
problem and to determine whether a safety problem exists. He does not want
the condition to place an extra burden on the applicant. If necessary, the
conditional use permit standards can be used to resolve any parking/safety
problem in the future.
Mayor Tierney asked the City Attorney whether there is a significant
difference between adopting a specific condition for this use or relying on the
general conditional use permit standards.
City Attorney Knutson advised that if the City Council was in the position of
wanting to revoke the conditional use permit, it may be easier to do if there
was a specific condition, rather than a general statement. However, there may
be no need for a specific condition if the Council does not anticipate a safety
problem.
Motion to amend carried, four ayes; Tierney nay.
Councilmember Wold said that he has been trying hard to get a skatepark in
Plymouth and the facility is greatly needed.
Councilmember Black stated that she will support the request because there is
a safety issue whether or not it is granted. She would prefer to have the safety
issues isolated to one location, rather than spread throughout the City.
Motion as amended carried, five ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to
suspend the rules and extend the meeting to 10:15 p.m. Motion carried, five ayes.
Item 8-11 Richo Investments (97159)
Community Development Director Hurlburt presented the staff report on the
application of Richo Investments for preliminary and final plat for Loves
Addition located east of Xenium Lane, south of 37`b Avenue and north of 36`'
Avenue. The Planning Commission recommended approval of the request on
a 4 to 3 vote, with concerns expressed about the development of Outlot B
because of the previous agreements to maintain it as open space. She
explained that the Heritage West 2"d Addition PUD was eliminated with the
adoption of the new zoning ordinance amendments in December of 1996.
While the repeal of the PUD eliminated the conditions of approval, including
Adopted City Council Minutes
December 17, 1997
Page 20
the condition for common open space, the repeal did not eliminate the
homeowners' association control of these parcels. The association
subsequently sold this outlot, and there is some dispute over whether the
transfer was appropriate. Director Hurlburt said that the developer must show
that they own this property before platting, and the dispute is outside of the
City's concern. Staff explored ways of providing access to the new lot which
will include the former outlot. The City's Comprehensive Plan policies
require that driveway access be constructed from the lower classified street
which is 37th Avenue, rather than Xenium Lane. In addition, staff
recommends access from 37th Avenue because of the roadway curve and
intersecting street. She stated there are significant trees in the area of the
driveway. The Planning Commission recommended a condition that the
developer work with the owner of the adjacent lot in order to locate the
driveway in such a way as to minimize the impact on trees.
Dick Whinnery represented Richo Investments, 4100 Berkshire Lane. He said
that staff recommended he purchase the outlot off of 37t' Avenue from the
homeowners' association in order to construct the driveway. Richo
Investments has reached an agreement with the homeowners' association to
purchase the outlot and to construct only the driveway on the lot. He has also
met with the adjacent owners, the Ferns, regarding the appropriate location for
the driveway in order to retain the trees.
Gary Fern, 13405 37t' Avenue North, requested that the driveway access for
Lot 4 be from Xenium Lane as originally proposed. He said that the
developer also prefers this option. Mr. Fern does not believe that a curbcut
from Xenium Lane would create an unsafe situation. He showed pictures
indicating that the sight lines would be adequate both northerly and southerly
from the proposed curbcut on Xenium Lane. He said there is little traffic on
this portion of the roadway.
Attorney Mark Kiperstin, 10501 Cedar Lake Road, Minnetonka, represented
the Ferns. He said the Ferns investigated features about their parcel and the
adjacent outlot before purchasing their property. City staff confirmed to the
Ferns that the outlot would not be changed and there was nothing occurring
with the site. He said that full disclosure was not made to Mr. Fern by the
City. He said that the Ferns support the developer's original proposal with a
curbcut from Xenium Lane for Lot 4 which would retain the outlot.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
suspend the rules and continue the meeting to 10:30 p.m. Motion carried, five ayes.
Carl Hedberg, 13420 36th Avenue North, represented the homeowners'
association. He explained that informal discussions with the developer began
Adopted City Council Minutes
December 17, 1997
Page 21
in the spring of 1996 after the staff suggested that the developer consider the
Lot 4 driveway access from 37' Avenue. The homeowners were generally in
favor of a driveway access from 37"' Avenue, rather than Xenium Lane, due to
traffic in the area. In July, the homeowners transferred title of the outlot with
two provisions: 1) The driveway would be placed a maximum practical
distance from the Ferns' lot; and 2) The property would be used only for a
driveway and maximum vegetation be maintained. Mr. Hedberg said that this
resolved the problem of the outlot going into default for taxation purposes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-777 APPROVING PRELIMINARY
PLAT FOR RICHARD WHINNERY FOR LOVES ADDITION
LOCATED EAST OF XENIUM LANE, SOUTH OF 37TH AVENUE
AND NORTH OF 36TH AVENUE (97159), eliminating the word
prohibited" in Condition 9 in order to allow Lot 4 access from Xenium
Lane.
Councilmember Bildsoe said that he has concerns about changing the
character of the outlot. He believes it is dangerous to construct an access onto
37' Avenue at this location, and noted that vehicles turning from Xenium onto
37`h Avenue could create a safety problem with the driveway.
Director Hurlburt reviewed the resolution and provided language changes
which could allow access to Lots 3 and 4, Block 1, from Xenium Lane. She
said that the developer may not purchase the outlot if he is not required to
install the driveway for Lot 4 from 37`'' Avenue, and recommended against
approval of the final plat because the land area could change.
Motion to amend was made by Councilmember Johnson, seconded by
Councilmember Bildsoe, to strike Condition 4, to modify Condition 9 to
indicate that access shall be from Xenium Lane for Lots 3 and 4, Block 1, and
to strike all references to "Final Plat" throughout the resolution.
Mr. Whinnery said that if the Council approves the Lot 4 access from Xenium
Lane, then he would not purchase the outlot.
City Attorney Knutson explained that the developer will need to redesign the
final plat to incorporate the appropriate land area. Director Hurlburt said that
the final plat would not need Planning Commission action.
Public Works Director Moore suggested that if the amendment passes, the
Council require that there must be a vehicle turnaround on Lot 4 so that traffic
is not backing onto Xenium Lane.
Adopted City Council Minutes
December 17, 1997
Page 22
Councilmember Johnson accepted as a friendly amendment that there must be
a vehicle turnaround on Lot 4.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
suspend the rules and continue the meeting to 10:45 p.m. Motion carried, five ayes.
Motion to amend carried, five ayes. Main motion carried, five ayes.
Motion was made by Councilmember Johnson, seconded by Councilmember
Wold, to postpone consideration of the Final Plat to a Council meeting within
the next 60 days. Motion carried, five ayes.
Item 8-C Honeywell Nitrogen Plant (97151)
Community Development Director Hurlburt presented the staff report on the
application of Corporate Real Estate, Inc., for conditional use permit and site
plan amendment for a nitrogen plant at Honeywell located at 12001 Highway
55. The Planning Commission recommended approval on a 4 to 3 vote. She
said that discussion was held on the potential noise problem from the nitrogen
generator; however, the generator will result in reduced truck traffic to the
site. There would be a 16 -foot wall enclosure around the generator. The
Honeywell sound engineer has presented information that there will be little or
no increase in the decibel level with the 16 -foot high wall. Honeywell is
willing to do more to address any sound problems, but requested that this be
done after the nitrogen generator is completed.
Motion was made by Councilmember Wold, seconded by Councilmember
Black, to adopt RESOLUTION 97-778 APPROVING A CONDITIONAL
USE PERMIT FOR HONEYWELL SOLID STATE ELECTRONICS
CENTER (SSEC) LOCATED AT 12001 STATE HIGHWAY 55 (97151).
Motion carried, five ayes.
Item 9-A National League of Cities Conference
Mayor Tierney provided the Council with materials from the National League
of Cities Conference that she recently attended.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
adjourn the meeting at 10:36 p.m. Motion carried, five ayes.
f'
a ie Ahrens
City Clerk