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HomeMy WebLinkAboutCity Council Minutes 02-13-2001Adopted Minutes Regular Council Meeting February 13, 2001 A Regular Meeting of the Plymouth City Council was called to order by Deputy Mayor Slavik at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on February 13, 2001. COUNCIL PRESENT: Deputy Mayor Slavik, Councilmembers Johnson, Hewitt, Stein, Black, and Harstad. ABSENT: Mayor Tierney. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Manager Jacobson, Community Development Director Hurlburt, Public Works Director Moore, Attorney Jamnik, and City Clerk Paulson. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements There were no Presentations and Public Information Announcements. Approval of Agenda Motion was made by Councilmember Black, and seconded approve the agenda. With all members voting in favor, the Consent Agenda to Acting Mayor Slavik asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. City Manager Johnson reported on correspondence received pertaining to item No. 6.05, and a copy has been provided to the Council. Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 2 of 9 Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to approve the Consent Agenda which included the following items: 6.01) Proposed Minutes of the January 23, 2000 Regular Council Meeting. 6.02) Resolution Approving Disbursements for the Period ending February 2, 2001 (Res2001- 057). 6.03) Resolution Finding No Objection to Lawful Gambling Exemption for Ducks Unlimited Res2001-058 & Res2001-080). 6.04) Resolution Approving Variance for a Four -Foot High Fence in the Front Yard for Darin and Kami Aho on Property located at 4605 Cottonwood Lane North (20180 — Res2001-059). 6.05) Ordinance Extending Interim Ordinance 42000-20 Temporarily Prohibiting the Issuance of Subdivision Approval and Zoning Approvals in Study Area Clocated south of CSAH 10, East of Trenton Lane and west of Highway 169 (Ord2001-03). 6.06) Ordinance Amending Chapter 5 of the Plymouth City Code Relating to Official Maps Ord2001-04). 6.07) Resolution Approving 2001 Membership Dues in Municipal Legislative Commission Res2001-060). 6.08) Resolution Approving Payment to Senior Community Services (Res2001-061). 6.09) Resolution Authorizing the Mayor and City Manager to enter into Service Agreements with Three Agencies for 2001 (Res2001-062). 6.10) Resolution Approving Purchase Agreement for County Road 101 Improvements , 17825 County Road 24 (9005 — Res2001-063). 6.11) Resolution Approving Change Order No. 1 for Cheshire Lane Bridge Embankment (9006 Res2001-064). 6.12) Resolution Approving Purchase of One New Current Model Toro 580D 16' Mower Res2001-065). 6.13) Resolution Approving 2001 Municipal Recycling Grant Application and 2000 Municipal Recycling Final Report (Res2001-066). Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 3 of 9 6.14) Approving Plymouth Metrolink Alcohol and Substance Abuse Policy (Res2001-067). 6.15) Resolution Approving Amendments to Transit Capital Grant Agreements between the City of Plymouth and the Metropolitan Council Extending the Grant Eligibility Period to December 31, 2001 (Res2001-068). 6.16) Approval of the 2001 Work Plan for the Plymouth Advisory Committee on Transit. 6.17) Approval of 2000 Annual Report and 2001 Work Plan for the Environmental Quality Committee. 6.18) Resolution Approving 2001 Planning Commission Work Program (Res2001-069). 6.19) Approval of 2000 Annual Report and 2001 Work Plan for the Park and Recreation Advisory Commission. 6.20) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Cheshire Lane Bridge and Street Improvements — Phase II (9006 — Res2001-070). 6.21) Resolution Ordering Preliminary Engineering Report for Plymouth Boulevard Parking Bays and Overlay Improvements, 34`h Avenue to County Road 9 (1002 — Res2001-071). 6.22) Resolution Amending Vacation Resolution 84-259 (part of Juneau Lane), adopted by City Council on May 7, 1984 and Recorded at Hennepin County as Document No's. 2311922 Torrens) and 6198516 (Abstract) (Res2001-072). 6.23) Resolution Approving Municipal Waste Abatement Incentive Fund Agreement (Res2001- 073). 6.24) Ordinance Amending Section 1335 of the Plymouth City Code regulating the use of Medicine Lake (Ord2001-05). 6.25) Resolution Authorizing Securing of Bids for the Greenwood Youth Sports Complex Res2001-074). Councilmembers Johnson and Acting Mayor Slavik thanked all the committees who submitted their 2000 annual reports as well as their proposed work plans for 2001. Councilmember Johnson registered no votes on item No's. 6.04 and 6.05 Councilmember Stein registered a no vote on item No. 6.04. Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 4 of 9 Motion carried to approve the Consent Agenda. Public Hearings 7.1) Vacation and Sale of Right -of -Way located West of I-494 and South of Begin Oaks Golf Course Public Works Director Moore illustrated the proposed vacation and the proposed sale of right-of- way property. He explained when I-494 was constructed, it was necessary to provide access to existing farmsteads located south of County Road 47 and west of I-494. To provide this access, a frontage road (Xenium Lane) was constructed southerly from County Road 47 for approximately'/4 mile to serve three properties. Two of these properties have developed as Camelot Overlook Addition and the Begin Oaks Golf Course, and access is now provided by Yucca Lane and the frontage road has been removed. He stated the property, which the frontage road continues to serve, is "The Reserve Development' proposed by Rottlund. This frontage road would provide interim construction access until Cheshire Lane is completed. After the completion of Cheshire Lane, the old frontage road would serve as an emergency access/trail. With the proposed Reserve plat, the east/west portion of the right-of-way is not necessary for trail or emergency access. It is proposed that this land would be deeded by the City to Rottlund in exchange for the same area of land necessary for the City water tower site proposed within the plat. Acting Mayor Slavik opened the public hearing for testimony. There being no one wishing to appear before the Council to provide testimony, Acting Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Black to adopt a Resolution Authorizing the Vacation of Street Right-of-Wa for Xenium Lane South of Count Road 47 (Res2001-075), and a Resolution Authorizing Disposition of Real Property for Xenium Lane South of County Road 47 (Res2001-076). With all members voting in favor, the motion carried. General Business 8.1) Approval of Annual Updates to the Zoning Ordinance: 8.1.1) (Ordinance Amendments addressing Technical Errors) Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 5 of 9 Senior Planner Drill reported that staff reviews the Zoning Ordinance on an annual basis. He stated there are 80 proposed amendments that include correcting typographical errors and/or making minor changes to clarify a regulation. He highlighted a few of the substantive amendments: 1. Scoreboard signage: Increase the allowable signage from 40 square feet in surface area to 150 square feet in surface area. In addition, allow a non-profit sponsor of a scoreboard to include their name within the area allowed for the scoreboard. 2. Changes to the filling and excavation sections: The amendment would eliminate the need for an administrative permit, thereby eliminating duplication of process. Second, the amendment would increase the amount of fill, excavation, or grading allowed before an interim use permit is required. 3. Performance standards for City Center special design: The amendment would increase the maximum signage area to 64 square feet for properties that are zoned CC -P. The amendment would also expand the hours that the electronic message board could be illuminated. 4. Encroachment in required setback and buffer areas: This amendment would establish clear regulations for the amount of water quality ponding that could occur within wetland buffers. The amendment would allow up to 50% of a required pond to be located within a wetland buffer, provided that not over 50% of the buffer could be used for ponding. Motion was made by Councilmember the proposed 68 amendments that weren't members voting in favor, the motion carri Motion was made by Councilmember the remainder staffs and seconded ed in staff's n and seconded amendments that are Councilmember Black. to ncilmember Johnson, to as items A -L contained in Councilmember Black stated her concerns regarding encroachment in required setback and buffer areas, and she suggested the Environmental Quality Committee review this provision as well as options and impacts for future amendments to the Zoning Ordinance. Councilmember Hewitt voiced her concern about illuminating the sign at the Ice Center since it is adjacent to a residential neighborhood. Senior Planner Drill stated the sign wouldn't be flashing, and the sign would comply with the lighting Ordinance. City Manager Johnson also mentioned that the City would own the sign; therefore, the City could change the hours that it is illuminated at any time. Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 6 of 9 Park and Recreation Director Blank illustrated the proposed design of the sign and stated the architecture of the sign would match the building. He stated currently, a sign similar to this would be allowed in the City Center, but the dimensions have increased in this instance. There being no further discussion and with all members voting in favor, the motion carried. Councilmember Harstad registered his concern of non-profit groups advertising and sponsoring a billboard even though the Council already adopted the Ordinance. He foresees a problem with non-profit groups competing for advertising space. 8.1.2) (Resolution Approving Summary Publication of the Ordinance) Motion was made by Councilmember Black, and seconded by Councilmember Johnson to a Resolution Approving Summary Publication of Ordinance No. 2001-06• an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code Entitled the Plymouth Zonim Ordinance (20174 — Res2001-077). With all members voting in favor, the motion carried. 8.2) Consideration of Amendment to Speed Hump Policy relating to Special Assessments and/or Moratorium Public Works Director Moore stated the current Speed Hump Policy was adopted in 1999. Requests are presented to the Council by petition. When a petition is presented, staff notifies the entire neighborhood that utilizes the street. Staff also conducts informational meetings with the neighborhood. He stated staff has received a petition from residents residing on 24th Avenue/Yuma Lane/25th Avenue in the Fox Run Addition. He explained this street connects between Dunkirk Lane and Vicksburg Lane between County Road 6 and Highway 55. Staff has scheduled an informational meeting with the property owners on February 20 at 6:30 p.m. at Plymouth Creek Center. He stated staff has prepared three Resolutions that are included in the packet materials. The first Resolution would add a provision to the policy which states that the Council may assess all residents whose property abuts the proposed limits of installation for the cost of the installation and/or removal of speed humps. The second Resolution would place a moratorium on the approval of any additional speed humps until the Council has studied the issue and considered whether to make an amendment to the policy. The third Resolution would add a statement to the policy that after a petition is received and the City Engineer has determined that the speed hump installation is feasible, that an informational meeting would be held with all of the affected property owners before the request is presented to the Council for their consideration. Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 7 of 9 He stated Acting Mayor Slavik has expressed an interest in proposing alternative language to the first Resolution to state, "The costs of speed hump installation and/or removal, or other physical changes to the roadway from traffic calming purposes, will be assessed to all residents whose property abuts the proposed limits of the installation unless the City Council determines after a public improvement hearing there is no special benefit." Acting Mayor Slavik spoke to her requested language amendment in the first resolution. She stated she intended to make the language stronger so that the Council would be assessing residents for the cost of speed humps. However, she still wanted the Council to have discretion for unique circumstances. was made by Councilmember Harstad, and seconded Resolution No. 1 with thi as to Councilmember Johnson stated she would support the first language change, "will", but she would not support the last line as recommended. She foresees that neighborhoods would be split on their views on whether the speed humps are warranted. She also feels that the Council needs to be more firm and objective before residents appear before them. Motion was made by Councilmember main motion to seconded by Councilmember Johnson, to sentence. There being no further discussion on the amendment and with all members voting in favor, the motion carried. Councilmember Stein stated he is concerned about assessing residents whose properties directly abut the speed humps when there would be other properties in the vicinity that would directly benefit from the speed humps as well. Therefore, he stated it would be more appropriate to vote on this provision at a f iture date after the current policy has been studied. Motion was made by Councilmember Stein, and seconded by Councilmember Johnson to approve a substitute motion to adopt Resolution No. 2 with the language "this moratorium will affect the consideration of the current in the Fox Run Councilmember Stein stated the issues need to be studied before speed humps are approved and installed. In addition, staff could prepare examples on when speed humps aren't effective. It is his opinion that speed humps are a drastic measure that should try to be avoided, but if not, they should be assessed. Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 8 of 9 Motion was made and seconded by Councilmember Black, to call the question. With all members voting in favor, the motion carried. The Council voted on the motion to substitute. With all members voting in favor but Hewitt and Harstad, the motion carried. The Council then voted on the substitute motion, and with all members voting in favor but Hewitt and Harstad, the motion carried. Acting Mayor Slavik suggested that the Council schedule a Study Session in the near future. Even though the Council issued a moratorium, they urged staff to conduct the neighborhood meeting with the Fox Run residents. 8.3) Approval of City Council Goals and Priorities for 2001-2002 Assistant City Manager Ahrens outlined the Council's top seven goals for 2001-2001 that were identified at a recent work session. She stated they include implementing Water Resources Plan Parkers Lake/Medicine Lake improvements, resolving parking situation at LifeTime Fitness/Ice Center (including possible future third ice sheet), implementing Traffic Study Program, planning for a 10th playfield site, proceeding with water system improvements (water tower, well, treatment plant expansion, and considering drinking water taste/quality improvements), pursuing affordable and life cycle housing opportunities, and expanding transit opportunities. Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to a Resolution Affirming 2001-2002 City Council Goal! Councilmember Johnson asked what the status is of acquiring the 10`h playfield. Park and Recreation Director Blank replied that two future sites have been identified, and staff would be contacting the property owners to determine if there would be an interest for a future park. There being no further discussion and with all members voting in favor, the motion carried. Reports and Recommendations There were no reports or recommendations. Adopted City Council Minutes Regular Meeting of February 13, 2001 Page 9 of 9 Adjournment Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adjourn the meeting at 7:58 p.m. With all members voting in favor, the motion carried. Sandra R. Paulson, City Clerk