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HomeMy WebLinkAboutCity Council Minutes 05-04-1992MINUTES REGULAR COUNCIL 1-METIN MAY 4, 1992 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on May 4, 1992. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney ABSENT: Councilmember Vasiliou STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Dillerud, Public Works Director Moore, Finance Director Hahn, Attorney Meller, and City Clerk Rauenhorst PM9UTAT-NNS Mayor Bergman preFented Dan Gustaf•ason with a Letter of Commendation for his efforts in assisting his father during a medical emergency. John Keefe and Tad Jude, Hennepin County Commissioners, appear9d before the Council at the Mayor's invitation to discuss the county redistricting plan. Mayor Bergman expressed cancern that Plymouth has been divided into three commissioner districts. Of even greater concern is that Plymouth residents make up only about 11 percent of each of the new districts. Commissioner Jude explained the process usea by the Hennepin County Roard in developing district boundaries. A main objective was to shift as few people as possible, while moving boundaries to reflec* population shifts. He believes it is an advantage to Plymouth to have three commiaci-mars representing portions of the CiLy rather than two. Commissioner Keefe stated he also feels it is an advantage to Plymouth to have three Letter of Commendation Item 4-A Hennepin County Redistricting Item 4-B Regular Council Meeting May 4, 1992 Page 149 commissioners. He stated he will speric time learning about Plymouth and residents' concerns. Councilmember Tierney ask3d if it common to split cities into several commissioner districts. Commissioner Jude stated Minneapolis has portions of five districts, and five other cities are split into two districts. It is necessary to split cities to achieve comparable population sizes. Councilmember Edson stated his major concern is that Plymouth residents are a small percentage of each of the three commissioner districts. He challenged the commissioners to prove the Council wring with respect to their concerns about inadequate representation. Judy Makowske, Hennepin County Commissivner, arrived at 8:40 p.m. She believes it is a benefit for Plymouth to have three commissiiners representing portions of the City. She states her involvement with }he small number of Plymouth residents she currently represents has been significant. Public Works Director Moore stated that as part of the City's Transportation Plan and specific transportation studies done for the Northwest Business Campus Development, it was recognized that additional improvements mould be required on Highway 55. Because of existing sRfety problems at this intersection, the Minnesota Department of Transportation (IAnDOT) has initiated a project which will provide additional traffic lanes at the intersection. The major problem during peak hours -s the inadequate storage for left turning vehicles without interfering with the through traffic lanes. Director Moore stated that notice of this mewting was mailed to property owners and managers at this intersection. Terry Humbert, MnDOT Preliminary Design Engineer, presented the preliminary plan. The proposed work would add channelization to improve traffic flow and reduce congestion. The improvements include adding 1) a second left turn lane from eastbound Highway 55 to northbound Northwest Preliminary Plan for Safety Improvements at Highway 55/Xeniura Lane and Northwest Blvd. Item 4-C Regular Council Meeting May 4, 1992 Page 150 Blvd., 2) a third through lane for eastbound Highway 55 traffic, 3) increased length of the right turn lane from westbound Highway 55 to northbound Northwest Blvd., and 4) a third through lane for westbound Highway 55. An island modification would be made to southbound Llorthwest blvd. and northbound Xenium Lane to accommodate the additional lanes on Highway 55. A raised median on the center of Xenium Lane uld be installed which would prohibit the left turning of vehicles either into or out of the AMOCO Service Station. The median would stop immediately north of 26th Avenue. Councilmember Helliwell asked when zonstruction is proposed. Mr. Humbert estimated that project bids would be awarded in the spring of 1993, with construction in the summer of 1993. The construction would take about three months. A representative of Satellite Industries asked if MnDOT has considered the traffic impact on area businesses that may result from the proposed median on Xenium Lane. He stated that many vehicles use the Satellite Industries parking lot to turn around, and he believes the situation may get worse if the median is installed. In response to a question by the Council, Director Moore stated that Phase 2 of the project would be the responsibility of Hennepin County. It is not currently included in their five-year Capital Improvement Plan. Victor Sacco, Amoco oil Company, 5001 W. 80th St., Suite 890, Minneapolis, questioned whether the traffic counts at this intersection justify the proposed improvements. Mr. Humbert stated the counts he had with him are for peak hours: Westbound p.m. traffic 1,400 through; 73 left -turn; and 225 right -turn. Eastbound a.m. traffic - 1,500 through; 249 left - turn; and 550 right -turn. He stated the improvements were programmed under the Safety Hazard Program and are justified. The improvements will reduce congootion and provide 0 Regular Council Meeting May 4, 1992 Page 151 adequate storage lanes which will result in improved safety. Mr. Sacco asked if the Amoco Station property is proposed for condemnation. Mr. Humbert responded that nr% right-of-way is anticipated at this time. Mr. Sacco expressed Amoco's desire to allow southbound Xenium vehicles access via a left -turn into the station. Mr. Humbert stated that the median, as proposed, would prevent this turning movement. The median is needed. Cournvilmember Helliwell concurred that Xenium Lane immediately south of Highway 55 is very congested. During peak hours, it is nearly impossiblc for southbound vehicles to currently access tho business. Councilmember Edson asked if the preliminary design approval was binding on the City, and if any other affected business owners have responded to the notice sent by the staff. Mr. Humbert stated the approval is nonbinding; however, it is an indication to MnDOT that the Council generally approves the proposal. MnDOT will return with a request for formal design approval. Director Moore stated that no other business owners have responded to the meeting notice. Notices were mailed to both the Amoco property owner and manager. Councilmember Edson stated he will support the preliminary design approval but has concerns with restricting the access for southbound customers to the Amoco property as the result of the proposed median. He stated that City and MnDOT staff need to work with the business owners and managers on this issue prior to final design. Councilmember Tierney concurred. i Regular Council Meeting May 4, 1992 Page 152 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 92-244 APPROVING CONCEPT PLA1d, HIGHWAY 55 AT XENIUM LANE/NORTHWEST BOULEVARD (COUNTY ROAD 61) S.P. 2723-87. Motion carried on a roll call vote, four ayee MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to approve the agenda with the deletion of Item 7-B. Manager Willis noted that Item 7-B, application of Business Science Corp., d/b/a Party Mart, for an off—sale intoxicating liquor license at 4130 Highway 101 North, has been withdrawn. Motion carried on a roll call vote, four ayes. Item 6—C was removed from the Consent Agenda. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the Consent. Agenda as amended. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edeon, to approve the minutes of April 20, 1992. Motio-- carried on a roll call vote, four ayes. RESOLUTION 92-244 APPROVING CONCEPT PLAN, HIGHWAY 55 AT XENIUM LANE/ NORTHWEST BLVD. IMPROVEMENTS Item 4-C Approve Agenda tem 5 Consent Agenda Item 6 Minutes Item 6-A MOTION was made by Councilmember Helliwell, USOLUTION 92-245 seconded by Councilmember Edson, to adopt SITE PLAN AND CUP RESOLUTION NO. 92-245 APPROVING SITE PLAN AND FOR QUANTUM CONDITIONAL USE PERMIT AMENDMENT FOR PARKING LOT DEVELOPMENT EXPANSION FOR QUANTUM DEVELOPMENT, INC. (92016). Item 6-B Motion carried on a roll calms vote, four ayes. The Council reviewed the application of Sports Sports and and Ei tertainment Concepts, Inc., for a Entertainment conditional use permit for a commercial Concepts, d/b/a recreation facility (Grand Slam) in the Plymouth Grand Slam - P1aza Shopping Center at 1455 County Road 101. Request for CUP 92014) Counc i lmember Tierney stated she recently visited the Grand Slam facility in Duluth. She 0 Regular Council Meeting May 4, 1992 Page 153 questioned the costs for various activities and stated she thought some of the costs were quite high for younger children to afford. Mike Hanson, Sports and Entertainment Concepts, Inc., explained the fee strictures. He stated the fees charged in Duluth are the national average of the 85 Grand Slam facilities. The fees are not high given the entertainment value. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION NO. 92-246 APPROVING CONDITIONAL USE PERMIT FOR SPORTS AND ENTERTAINMENT CONCEPTS, INC., FOR GRAND SLAM LOCATED IN THE PLYMOUTH PLAZA SHOPPING CENTER AT 1455 COUNTY ROAD 101 92014) . Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-247 APPROVING FINAL PLAT FOR PARK AVENUE OF WAYZATA, INC. FOR "TRENTON OAKS" LOCATED NORTH OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (92015). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-248 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PARK AVENUE OF WAYZATA, INC. FOR "TRENTON OAKS" LOCATED NORTH OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (92015). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Halliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-249 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR PARK AVENUE OF WAYZATA, INC. FOR "TRENTON OAKS" LOCATED AT THE NORTH :IDE OF 10TH AVENUE NORTH AND ONE BLOCK EAST OF SOUTH SHORE DRIVE (92015). Motion carried on a roll call vote, four ayes. BESOLUTION_92-246 APPROVING CUP FOR GRAND SLAM 92014) Item 6-C RESOLUTION 92-247 APPROVING FINAL PLAT FOR PARR AVENUE* OF WAYZATA TRENTON OAKS" 92015) Item 6-D RESOLUTION 92-248 SETTING CONDITIONS TO BE MET PRIOR TO FILING (92015) Item 6-D RESOLUTION 92-242 APPROVIFG SITE PLAN. ..UP AND VARIANCE FOR TRENTON OF..K.S 92015) Item 6-D w M Regular Council Meeting May 4, 1992 Page 154 MOTION was made by Councilmember Helliwell, 8ZAQLUTION92-2Q seconded by Councilmember Edson, to adopt APPROVING FINAL, RESOLUTION NO. 92-250 APPROVING FINAL PLAT AND PLAT FOR SEVEN DEVELOPMENT CONTRACT FOR HANS HAGEN HOMES, INC. PONDS 4TH ADDITION FOR "SEVEN PONDS 4TH ADDITION" LOCATED NORTHWEST (92017) (I UD 92 - OF DUNKIRK LANE A.YD COUNTY ROAD 24 (92017) (IUD 6-EIte.>t 92-01) . Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, RF.RA7.t]TTON 92-25 SETTING CONDITIONS seconded by Councilmember Edson, to adopt TO BE TO DE M'T PRIOR TO RESOLUTION NO. 92-251 SETTING CONDITIONS AND RELAI%V TO FINAL PLAT FILINC (91017) MET PRIOR TO FILING OF FOR HANS HAGEN HOMES, INC. FOR " SEVEN PONDS 4TH MPUD 92-01) ADDITION" LOCATED NORTHWEST OF DUNKIRK LANE AND Item 6-E COUNTY ROAD 24 (92017) (MPUD 92-01) . Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, F30LU^'TON 92-252 APPROVING FINAL seconded by Councilmember Edson, to adopt 92-252 APPROVING FIxAL PLAT AND PLAT FOR CHURCHILL RESOLUTION NO. DEVELOPMENT CONTRACT FOR LUNDGREN BROS. FARMS 3RD ADDITION CONSTRUCTION FOR CHURCHILL FARMS 3P^ ADDITION 9200219(RP0_1) 92021) (RPUD 90-1). Item 6-F Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, UA1SaT1AN 92-253 SETTING CONDITIONS seconded by Councilmember Edaeon, to adopt 92-253 SETTING CONDITIONS TO BE TO BE MET PRIOR TO RESOLUTION NO. MET PRIOR TO FILING OF AND RI3LATED TO FINAL PLAT FILING (92021) FOR LUNDGREN BROS. CONSTRUCTION FOR CHURCHILL IRtPem 690- 1) FARMS 3RD ADDITION (92021) (RPUD 90-1). Motion carriv)d on a roll call vote, four ayes. MOTION was made by Coiincilmember Helliwell, RESOLUTION 92-M seconded by Councilmember Edson, to adopt APPROVING FINI-L RESOLUTION NO. 92-254 APPROVING FINAL PLAT AND PLAT FOR CHURCHILL DEVELOPMENT CONTRACT FOR LUNDGREN BROS. ON CONSTRUCTION FOR CHURCHILL FARMS 4TH ADDITION (9202290-1) 92022) (RPUD 90-1) . Item 6-G Motion carried on a roll call vote, four ayes. Regular Council Meeting May 4, 1992 Page 155 MOTION was made by Councilmember Helliwell, u6.4Lu LQN 92-25a SETTING CONDITIONS seconded by Councilmember Edson, to adopt 92-255 SETTING CONDITIONS TO BE TO BE MET PRIOR TO RESOLUTION N0. MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FILING (92022) 1) FOR LUNDGREN EROS. CONSTRUCTION FOR CHURCHILL Item 690, FARMS 4TH ADDITION (92022) (RPUD 90-1). Item 6-I Motion carried on a roll call vote, four ayes. Petition for South Shore Drive MOTION was made by Councilmember Helliwell, B&,SQL=9k4_22-2.56 APPROVING seconded by Councilmember Edson, to adopt 92-256 APPROVING TEMPORARY 3.2 Referred to PRAC RESOLUTION NO. LIQUOR LICENSE FOR PLYMOUTH LIONS CLUB. L1t oRALICENSE FOR PLYMOUTH LIONS Motion carried on a roll call vote, four ayes. item 6-H MOTION was made by Councilmember Helliwell, WQLUTION 92-257 APPROVING GARBAGE seconded by Councilmember Edson, to adopt 92-257 APPROVING GARBAGE HAULER HAULER RESOLUTION NO. LICENSE FOR INDUSTRIAL ROLL -OFF SERVICE. USTRIAL FOR it COMMUNITY PLAYFIELDS. OFF SERVICE Motion carried on a roll call vote, four ayes. Item 6-I MOTION was made by Councilmember Helliwell, Petition for South Shore Drive seconded by Councilmember Edson, to refer the Drive landscaping to the Landscaping - petition for South Shore Park and Recreation Advisory Commission for Referred to PRAC consideration with the 1993-1997 Capital Item 6-J Improvement Program. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, F,&.4LS7TIQF 92x25-5 APPROVING CHANGE seconded by Councilmember Edson, to adopt 92-25e APPROVING CHANGE ORTAR NO. ORDERNIO- 1, RESOLUTION NO. COMMUTY it COMMUNITY PLAYFIELDS. PLAYFIELDS Motion carried on a roll call vote, four ayes. Item 6-K MOTION was made by Councilmember Helliwell, the Park System Plan - Strategy for LandsecondedbyCouncilmemberEdson, to authorize by which gition to City Manager to develop a mechanism future land acquisition needs can be meetiguture Needs park identified, as outlined in the staff report. Item 6-L Motion carried on a roll call vote, four ayes. 11 Regular Council Meeting May 4, 1992 Page 156 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-259 RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA STATUTES SECTION 469.154 SUBJECT TO A PUBLIC HEARING, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL 0? THE PROJECT TO THE COMMISSIONER OF THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT OF THE S".ATE OF MINNESOTA, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT (NUAIRE INC. PROJECT). Motion carried on a roll call vott four ayes. MOTION was made by Councilmember well, seconded by Councilmember Edson, iopt RESOLUTION NO. 92-260 RECITING A POSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMEN. .AOJECTr GIVING PRELIMINARY APPROVAL TO THE PRO," -,;T PURSUANT TO THE MINNESOTA STATUTES SECTION %59.154 SUBJECT TO A PUBLIC HEARING, AUTHORIZING PUBLICATION OF A NOTICE OF PUBLIC HEARING AND NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT FOOD ENGINEERING CORPORATION PROJECT). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-261 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE EASEMENTS FOR PONDING PURPOSES, OUTLOTS A AND B, CHURCHILL FARMS 2ND ADDITION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-262 ORDERING PUBLIC HEARING THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND STREET RIGHT-OF-WAY, PLYMOUTH OFFICE COMMERCIAL PARK ADDITION. Motion carried on a roll call vote, four ayes RESOLUTION 92-259 PRELIMINARY APPROVAL FOR TiM ISSUANCE OF 2,500,000 INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR NUAIRE, INC. Item 6-M RESOLUTION 92-260 PRELIMINARY APPROVAL FOR THE ISSUANCE OF 3,750,000 INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR FOOD ENGINEERING CORP. Item 6-N RESOLUTION 92-261 ORDERING PUBLIC HEARING ON VACATION OF DRAINAGE EASEMENTS IN CHURCHILL FARMS 2ND ADDITION Item 6-0-1 RESOLUTION 92-262 ORDERING PUBLIC ON HEARING ON VACATION OF EASEMENTS IN PLYMOUTH OFFICE COMMERCIAL PARK ADDITION Item 6-0-2 Regular Council Meeting May 4, 1992 Page 157 MOTION was made by Councilmember Helliwell, RESOLM0N.22-2.63. seconded by Councilmember Edson, to adopt REQUESTING MNDOT RESOLUTION NO. 92-263 REQUESTING MINNESOTA TO CONDUCT SPEED DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED ZORTNG STUDY - HWEST BLVD. ZONING STUDY - NORTHWEST BOULEVARD. Item 6-P Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, B3-Qy seconded by Councilmember Edson, to adopt INSTALLATION OF RESOLUTION NO. 92-264 INSTALLATION OF STOP SIGNS STOP SIGNS on 25th Avenue in the Bay Pointe on Mooney Lake Item 6-Q Addition. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, 5AQ Tj'QN.92-.265 seconded by Councilmember Edson, to adopt APPROVE RESOLUTION NO. 92-265 ACCEPTING THE CITY COOPERATIVE AGREEMENT WITH ST. ENGINEER'S REPORT, ESTABLISHING IMPROVEMENT FOR PROJECT NO. 108, AUTHORIZING STAFF TO NEGOTIATE A LOUIS PAR COOPERATIVE AGREEMENT WITH THE CITY OF ST. LOUIS TRAFFIC SIGNAL PARK FOR COST SHARING AND AUTHORIZING STAFF TO IMPROVEMENTS NEGOTIATE THE PURCHASE OF PERMANENT RIGHT-OF-WAY PROJECT NO. 108 FOR GEOMETRIC IMPROVEMENTS AND A TRAFFIC SIGNAL Item 6-R SYSTEM AT THE FORD ROAD/SHELARD PARKWAY INTERSECTION. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, RESOLUTION 92-2.66 seconded by Councilmember Edson, to adopt REDUCING RESOLUTION NO. 92-266 REDUCING DEVELOPMENT BOND, DEVELOIMENTLL BON I CHURCHILL FARMS ADDITION (00009). CHURCHRMS ADDITION (90009) Motion carried on a roll call vote, four ayes. Item 6-5-1 MOTION was made by Councilmember Helliwell, Ry--gOLUT1QN—qz---W seconded by Councilmember Edson, to adopt REDUCING RESOLUTION NO. 92-267 REDUCING DEVELOPMENT BOND, DDEVESLOOPMENT BOND, BASS CREEK BUSINESS PARK ADDITION (89061). BASBUSINESS PARK Motion carried on a roll call vote, four ayes. ADDD( IITIO 89061) Regular Council lfeeting May 4, 1992 Page 158 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 9&-268 REDUCING DEVELOPMENT BOND, ROCKFORD ROAD PLAZA ADDITION (89014). Motion carried on a roll cal= vote, four ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION NO. 92-269 AUTHORIZING THE PURCHA'E OF OPTISCAN VOTING EQUIPMENT. Motion carried on a roll call vote, four ayes. 8Fi39i =QN_. 22=M REDUCING DEVFLOPMENT BOND, RCCKFORD ROAD PLAZA ADDITION 89014) Item 6-S-3 AES 2LUTiN_ 92-2.59 AUTHORIZING PURCHASE OF OPTISCAN VOTING EQUIPMENT Item 6-T MOTION was made by Councilmember Helliwell, RE,94LUTIQL, 92-27D seconded by Councilmember Edson, to adopt PLYMOUTH CIVIC RESOLUTION NO. 92-270 PLYMOUTH CIVIC LEAGUE - LEAGUE - SECOND PAYMENT OF SECOND HALF OF 1992 CITY CONTRIBUTION. HALF CONTRIBUTION Item 6-U Motion carried or a roll call vote, four ayes. MOTION was made by Councilmember Helliwell, RE"jAUTI91`1 3?.7273 seconded by Councilmember Edson, to adopt APPROVING RESOLUTION NO. 92-271 APPROVING CIGARETTE LICENSE CIGARETTE LICENSE APPLICATION for Sarah's Market, 3435 Highway 169 Item 6-V North. Motion carried on a roll call vote, four ayes. Mayor Bergman opened a public hearing at 7:50 P.M. on the on -sale 3.2 and wine license application of C.I.A.0. Inc., d/b/a Broauway Station F ynouth. No one appeared, and the hearing *ds closed at 7:50 p.m. MOTION was made by Councilmember Helliwell, RESOLUTION 92-27-2 seconded by Councilmember Edcvn, to adopt APPROVING ON -SALE RESOLUTION NO. 92-272 APPAt_1 . w -SALE 3.2 3.2 LICENSE FOR LIQUOR LICENSE FOR C.I.A.0. IN'_. BROADWAY STATION PLYMOUTH Motion carried on a roll call vote, four ayes. Item 7-A MOTION was made by Councilmember Helliwell, RE9QkUu4N 92-273 seconded by Councilmember Edson, to adopt APPROVING WINE RESOLUTION NO. 92-273 APPROVING WINE LICENSE FOR LICEmSE FOR C.I.A.0. INC. BROADWAY STATION PLYMOUTH Motion carried on a roll call vote, fJut ayes. Item 7-A Regular Council Meeting May 4, 1992 Page 159 Manager Willis stated that a citizen has requested that the Council review the effectiveness of the current ordinance relating to the maintenance of automatic fire alarm systems. He recommended that the Fire Alarm Task Force be reestablished to study this issue. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to reestablish the Fire Alarm Task Force to determine whether 1) The fire alarm ordinance is achieving its basic purpose in reducing false fire alarms, 2) The costs of compliance for businesses are not disproportionate to the benefits in the reduction of false fire alarms, and 3) The fees charged for false alarms fully recover the costs incurred by the City. Motion carried, four ayes. Community Development Director Dillerud stated that the Planning Commission, on a 3-2 vote, recommended approval of several amendments to the Zoning Ordinance regarding adult correction facilities. The list of allowable uses for residential zones would be amended to remove Adult Correction Facilities in operation as of November 20, 1989'. This amendment would render the existing adult correction facility nonconforming, and the facility could not be expanded as to use. The dimensional standards for structures or parking/drive aialea would be amended to propose a 600 foot minimum aW azk to any property line, and the ground coverage provisions would be amended to limit the maximum amount of ground coverage to 8 percent for adult correction facilities. He stated that one of the dissenting Commissioners indicated his general support for increased standards with regard to adult correction facilities, but stated a desire to tailor the standards so the Master Plan attached to the existing Conditional Use Permit for the Hennepin County Adult Correction Facility (ACF) could be completed without a variance action. Fire Alarm Task Force - Maintenance of Automatic Fire Alarm Systems Item 8-A Adult Correction Facilities - Zoning Ordinance Amendment Item 8-B C] P Regular Council Melting May 4, 1992 Page 160 Director Dillerud stated that the City Attorney has provided an opinion that the proposed ordinance, if adopted, would take precedence over previous approvals of the Council. Under the proposed ordinance, a setback variance would be required if the County wishes to complete tbs Master Plan. The only remaining elements of the Master Plan are a gymnasium and adult education facility. Bruce Johnson, 820 Shenandoah Lane, stated that a greater amount of plea bargaining in the court jystem has resulted in individuals with more serious criminal records being housed at the Hennepin County ACF. He cited a "massive escape several years ago" and the threatened safety of area residents. He asked that the Council adopt the ordinance as recommended by the Planning Commiss:_on . Councilmember Tierney asked why Mr. Johnson feels the proposed 600' setback is appropriate and if he supports or opposes completion of the Master. Plan. Mr. Johnson stated that restrictive setbacks will prevent further expansion of the building without public hearings and neighbor input. He is not opposed to the proposed gymnasium and adult education center, but the residents would 14-ke the opportunity to participate in the discussions each time the County proposes a change in the facility. Mayor Bergman noted that 4/5 Council vote is needed for approval of the ordinance. Roger Rausch, 715 Ranchview Lane, urged the Council to adopt the ordinance as recommended by the Planning Commission. Gieg Bohnert, 845 Ranchview Lanet opposed further expansion of the ACF. He stated it is the third largest correctional facility in the state and should not be a tpanded in thi.a residential He expressed concerns about the ultimate si..o of the facility and the increasing seriousneen of the offenses for which inmates are sentenced to the fa.:ility. He believes Hennepin County has a Regular Council Meeting May 4, 1992 Page 161 responsibility to area residents to commit to the ultimate size of the facility. Since the County has refused to commit to an ultimate size, the City should take control and limit or prevent any further expansion. In response to a question by Councilmember Tierney, Mr. Bohnert stated he has no objection to the remaining items proposed in the master plan - gymrasium and education center. However, he would oe concerned is those facilities were planned and constructed to serve a future increased facility population. Sig Fine, Director of. the Hennepin County ACF, stated the gymnasium and sduca tion center are needed to alleviate current facility conditions. He stated that the current men's facility is 62 years old and at some point, Hennepin County will probably want to replace the facility. Councilmember Helliwell asked if the tame number of men would be housed in a new facility, or if the County would request an increase in the maximum allowed. Mr. Fine stated that good planning would dictate that the County should construct the facility to meet the needs for many years into the future. He stated that replacement of the men's biilding is not included in the existing Master Plan. A new plan would be ,resented. The gymnasium and education facility is included in the County's five year Capital Improvement Plan. Councilmember Edson stated that adoption of the provision rendering the facility nonconforming would prevent the County from expanding the population beyond its current maximum. He questioned whether the 600 ft. setback provision was desirable. Perhaps the setback should be something less sc that the education facility and gymnasium can be completed as part of the Master Plan. He stated these facilities would not cause expansion of the population which is one of the residents' major concerns. Councilmember Helliwell suggested that the propoep3 Zoning Ordinance amendment be deferred. s Regular Council Meeting May 4, 1992 Page 162 She would like to visit the affected neighbors, at a study session. the facility, meet with and discuss the options Councilmember Tierney stated she supports the recommendation of the Planning Commission with respect to the nonconforming use and the maximum ground coverage provision. However, she suggested changing the required setback from 600' to 200' on the north, east, and gest sides of the building; and tc 300' on the south side of the building. She stated that the education facility and gymnasium are needed by the ACF residents, and would be used by 54 active Plymouth volunteers and 37 paid Plymouth residents who work at the ACF. Mayor Bergman stated it is important that additional Zoning Ordinance standards relating to adult correction facilities be enacted and the Item should be deferred since a 4/5 vote cannot be achieved on the current proposal. Mr. Fine invited the Council to hold the study session at the ACF. He stated a tour of the facility could also be offerred. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to defer consideration of a Zoning Ordinance Amendment regarding adult correction facilities, and to schedule a study session for May 21 at the ACE, with a facility tour for those interested at 6:00 p.m. and the study session at 7:00 p.m. Motion carried, four ayes. Public Works Director Moore explained the current Water Sprinkling odd/even" water sprinkling restriction policy. Restrictions The purpose of the restriction is to encourage Item 8-C conservation and to reduce demand on peak days. Dan Edgerton of Bonestroo, Rosene, Anderlik and Associatee, stated permanent restrictions have been in affect in Plymouth since 1984, with enhanced education and enforcement since 1987. He explained the effects of the water sprinkling restrictions on peak and average daily use, and the .relationship between that use and the cost of Regular Council Meeting May 4, 1992 Page 163 constructing wells, water towers, and water treatment plants to meet peak demand. During the period 1980 to 1986, Plymouth's peak day usage was about 2.75 times the average day usage. For the period 1987 through 1991, this had been reduced to 2.25 times the average day usage. over time, this could result in a large capital savings for the City. Mr. Edgerton stated that 21 wells are ultimately planned for Plymouth, as well as long-term storage for 15 million gallons of water. A 10 percent decrease in average peak use equates to 2-3 less wells to be constructed over time (at a current cost of about $400,000 per well), and a reduction in required storage by 1.5 to 2 million gallons (at a current cost of about 1.30/gallon). Mr. Edgerton stated there is too little data for conclusive results. He recommended that it would be prudent to continue the restrictions in order to save water resources and to try to reduce future capital expenditures. Mayor Pergman stated that most residents would not object to the odd -even restrictions if they could use a hand-held hose to wash their vehicle. He asked if amending the policy to allose hand- held hose watering would have a significant impact on average peak use. Mr. Edgerton responded that it should not have a major impact. Councilmemboc Helliwell asked how the proposed policy revision could be enforced. Councilmember Edson stated it is not unreasonable to allow residents to use a hose with a nozzle every day. The policy needs to accommodate residents' busy schedules. He stated that the issue of watering restrictions is not solely related to ground water levels, but to the expense involved in getting the water out of the ground and available for use. He supports retaining the odd -even restrictions with the amendment to allow hand --held hose with nozzle watering. Regular Council Meeting May 4, 1992 Page 164 MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to direct staff to prepare a resolution for Council consideration which amends the water restriction policy to exempt hand-held hose with nozzle watering from the odd - even restrictions. Motion carried, four ayes. Finance Director Hahn presented the first quarter 1992 financial report. He stated that development revenue sources are running substantially higher than they have for the preceding two years, and other revenues are in- line with estimates. The additional revenues will help the City cope with the legislature's extension of sales tax to city purchases which goes into effect June 1. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to accept the first quarter financial report. Motion carried, four ayes. Financial Report - First Quarter 1992 Itom 8-D Mayor Bergman reported on the Executive Session City Ma•iager held on April 21 to discuss the City Manager's Performan a Performance Evaluation. He asked that each Evaluation Review Councilmember provide him with a completed Item 8-E evaluation. The Council scheduled another Executive Session to continue discussions on the City Manager's Performance Evaluation at 4:30 p.m. on May 13. The ".ouncil reviewed the proposed agenda for. the Joint Council/FRAC joint City Council/PRAC meeting scheduled for Meeting 5:3C p.m. on May 14. Item 8-F Mayor Bergman asked that the topic of deer be Deer - Study added to the list of pending study session items Session List so the Courcil can implement a plan by summer. Item 8-F The meeting was adjourned at 9:33 p.m. 2Cctt t.c._t t.: C:Vty Clerk