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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