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HomeMy WebLinkAboutCity Council Minutes 08-21-2001 SpecialAdopted Minutes Special Council Meeting August 21, 2001 A Special Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Public Safety Training Room, 3400 Plymouth Boulevard, on August 21, 2001. COUNCIL PRESENT: Mayor Tierney, Councilmembers Harstad, Hewitt, Slavik, Stein, Black, and Johnson (arrived at 7:05 p.m). ABSENT: None. STAFF PRESENT: Assistant City Manager Ahrens, Public Works Director Faulkner, Traffic Engineer Jones, Park and Recreation Director Blank, Finance Director Hahn, Fire Chief Kline, Lieutenant Franz, Acting Police Chief Twaddle, Community Development Director Hurlburt, and City Clerk Paulson. Site Plan Amendment for Central Middle School (2001093) Community Development Director Hurlburt reported on the request of Wayzata Public Schools for approval of a Site Plan amendment to replace eight existing light towers and light fixtures at Central Middle School. She explained that there are currently four 70 - foot towers and four 60 -foot light towers. All eight poles would be replaced with four 70 -foot light towers with directional ligh( fixtures. The new lighting fixtures would improve the lighting on the field and would reduce the amount of glare visible from adjacent properties. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Approving a Site Plan Amendment for the Replacement of the Stadium Liahtina at W3 — Kes2ou Councilmember Slavik stated there are currently audio speakers on the poles and would the new poles also contain the speakers. Dan Carlson, an engineer representing the Wayzata School District, replied the poles would be wired to accommodate speakers at some future time, but the intent is to not place the speakers on the pole. This athletic field is not intended for varsity game competition but rather for youth football and soccer. There being no further discussion and with all members voting in favor, the motion carried. Adopted City Council Minutes Special Meeting of August 21, 2001 Page 2 of 10 South Shore Drive Safety Improvements Traffic Engineer Jones, reported that in 1995, two speed humps were installed on South Shore Drive, south of Medicine Lake, on each side of the Bassett Creek bridge. In 1996, there were two additional speed humps installed east of the bridge for a total of four speed humps on South Shore Drive spanning approximately 1,115 feet, along with another speed hump on the north/south segment of South Shore Drive, approximately 445 feet north of 11th Avenue. The last speed hump was intended to reduce vehicle speeds on this segment of South Shore Drive where pedestrians walk either in or adjacent to the street. She stated staff recently completed speed and volume counts along South Shore Drive between 11t Avenue North and 13th Avenue North. She explained that based on these studies, the 85th percentile speeds along South Shore Drive range between 25.9 mph and 32.5 mph. The lowest speeds are between the series of speed humps on the east/west section of South Shore Drive, at a location just east of the Bassett Creek bridge. In addition, the percentage of vehicles traveling at speeds over 36 mph at this location is less than one-half percent, the lowest of the three locations studied. She discussed the existing speed hump near 11th Avenue. There has been some consideration of the possible removal or reconstruction of this speed hump due to scraping of the underside of smaller vehicles traversing the hump. This speed hump is currently signed at 20 mph. From the data collected, it appears that the influence of the speed hump at this location does assist in reducing the speed of traffic in the immediate area. The 85th percentile speed is slightly lower than at the railroad crossing, which has no speed hump influence. In addition, the percentage of vehicles exceeding 36 mph is also lower than at the railroad crossing. However, the speeds are not as low as the location near the bridge, most likely due to the series of humps at that location opposed to a single hump north of 11th Avenue. She noted that the safety of the railroad crossing near the Luce Line Trail extension is also of concern based on the usage of the tracks and speed of vehicles at the crossing. Staff has been informed that there is less than one train per day on the Union Pacific Railroad line, which crosses South Shore Drive. In addition, the 85th percentile speed is near the 30 mph limit for this roadway. Therefore, it does not appear that improvements to make the crossing safer are necessary. She discussed the following alternatives for the Council to consider which are as follows: 1. Take no action. Adopted City Council Minutes Special Meeting of August 21, 2001 Page 3 of 10 2. Install stop signs on South Shore Drive at the railroad tracks. This would assist in slowing the traffic at the Luce Line Trail extension but is not expected to have good compliance from motorists since the stop sign would be unwarranted. 3. Install a raised crosswalk on South Shore Drive at the Luce Line Trail extension. A similar device could be considered for the crosswalk at 11th Avenue. 4. Remove the existing speed hump located approximately 450 feet north of 11th Avenue. However, this may result in the previous speed problem reoccurring. 5. Reconstruct the roadway to incorporate either an on -street or off-street City trail. Use of an on -street trail would also allow the City to reduce the speed limit along this roadway to 25 mph. Councilmember Harstad asked what the height is of the existing speed hump. Public Works Director Faulkner replied four inches. A discussion was held on whether a raised crosswalk should be constructed where the current speed hump exists north of 11th Place North. Public Works Director Faulkner commented that if the City crews constructed the raised crosswalk, it would cost approximately $1,000. He noted that a raised crosswalk would be similar to a speed hump but would be a little flatter on the top. Currently, there are no raised crosswalks in the City so staff has not been able to study their effectiveness. Councilmember Johnson asked if reconstruction of South Shore Drive is included in the City's Capital Improvements Program. Public Works Director Faulkner replied no. Mayor Tierney noted that she is concerned about a safe crossing to the South Shore Park for the apartments across from South Shore Drive. City of Medicine Lake Mayor Schrader stated the City of Medicine Lake prefers to not have a crosswalk at the Luce Line trail and then another speed hump. He noted that vehicles don't always stop for crosswalks. Councilmember Black stated that it's not realistic to always expect children to access the crosswalk or stop sign to cross a road. Public Works Director Faulkner strongly recommended not installing a stop sign at this location. City of Medicine Lake Councilmember Leonard agreed and stated there were previously stop signs at the railroad crossing, but they were ineffective. Adopted City Council Minutes Special Meeting of August 21, 2001 Page 4 of 10 Councilmember Johnson asked if there have been accidents at this location. Acting Police Chief Twaddle stated there has only been one accident at this location since January 2000. Councilmember Stein noted that when the Luce Line Trail is completed through this area, that should decrease the number of pedestrians using the roadway. Mayor Tierney requested the speed hump located north of 11 th Place North be removed as it is very severe and there is no basis for it. Motion was made remove the speed hump located north of 11 d, and seconded by Mayor Tierney, to Place Councilmember Harstad believes that the elimination of the Flying Tiger and the additional signage for crosswalks has contributed to reducing the speed of traffic rather than the speed hump. He stated that the speed hump is excessive. Councilmember Black stated if the condition of the road is deteriorating, that could also assist in reducing the speed of traffic. She stated the speed of traffic would increase if the road were reconstructed. At this time, she would not support the motion to remove the speed hump as the speed limits have been reduced. Councilmember Stein asked if there is a public safety concern with the speed hump. Acting Police Chief Twaddle and Fire Chief Kline replied no. Councilmember Stein stated that he agrees with Councilmember Black's comments. Mayor Tierney believes there are concerns that should be addressed with South Shore Drive and the Luce Line Trail. Mayor Schrader stated they would educate their residents if the speed hump were removed. Mayor Tierney asked if the City were to construct a raised crosswalk at the Luce Line Trail and review the crossing at South Shore Drive, would that address the City of Medicine Lake's concerns. Mayor Schrader replied yes. Councilmember Leonard stated their fire department has a concern with exiting the City of Medicine Lake due to the speed hump. The emergency vehicles can't exit the city Adopted City Council Minutes Special Meeting of August 21, 2001 Page 5 of 10 without coming to a complete stop. He noted that prior to 1996, the traffic volumes were higher on South Shore Drive. He noted that the majority of the people going into Medicine Lake are residents. Councilmember Harstad asked if staff would have a concern if there would be a proliferation of speed humps in the City. Fire Chief Kline replied a proliferation of speed humps could impact their response time. Motion was made by Councilmember Harstad, and seconded by Mayor Tierney to amend the main motion to remove the speed hump located north of 11 Place North and direct staff to prepare a traffic study that could be reviewed by the Council in 12 months. With all members voting Harstad and 1'iemey, the motion tailed. Councilmember Stein stated he could support removing the speed hump and trying to educate the public on controlling their speeds along this roadway. He suggested that if the speed increases, the speed hump would be reconstructed in the same location. Councilmember Black stated that it's not just preliminary education, but people need to be constantly reminded. Motion was made by Councilmember Stein, and seconded by Councilmember Harstad, to is amendment to the main motion to remove perform a traffic study. With all members voting in favor but Black, Slavik, and Johnson, the motion carried. Councilmember Johnson stated if the Council desires to remove the speed hump, there is no need to study it further. If the speed of the traffic would increase due to the removal of the speed hump, the residents, the City of Medicine Lake, and staff would inform the Council of any issues. She believes the speed hump has assisted in reducing the speed of traffic in the area even though it may not be the correct height or in the best location. The amendment to the main motion was on the table with the addition of "if the would exceed the 85"' percentile, the speed hump would be reconstructed at the current location." With all mem the main motion carried. Motion was made b voting in favor but Slavik and Johnson, the amendment and and seconded reconsider the motion. With all members Tierney, the motion failed. to motion but Johnson and Adopted City Council Minutes Special Meeting of August 21, 2001 Page 6 of 10 City of Medicine Lake Councilmember Hoshal asked if the City would be constructing a trail on both sides of South Shore Drive. Park and Recreation Director Blank stated the trail is proposed on only one side of the road. Councilmember Hoshal asked if the City is proposing any interim reconstruction of South Shore Drive. Public Works Director Faulkner replied no. Effects of Second -Hand Smoke Councilmember Harstad noted many Federal, State, and County buildings have restricted second hand smoke. He requested the City implement an educational campaign of the danger of second hand smoke with business owners. Corinne Ertz, Minnesota Tobacco Control Director for the American Cancer Society, and LeAnn Mortenson of Northwest Human Services Commission, discussed with the Council the effects of second hand smoke. Councilmember Slavik stated that she contacted 29 Plymouth restaurants, and 17 of those restaurants are smoke free. Councilmember Johnson asked why the State Legislature isn't being lobbied for policies relating to second hand smoke. Ms. Ertz replied the local level of government usually has more effective policies and better compliance. She stated there has been discussion at the State Legislature for the past 10 years, but the item has never made it out of the committee level. She also stated that any legislation could be so "watered down" that it really wouldn't protect the workers. Mayor Tierney asked if there have been any court challenges to those cities that have adopted ordinances banning second hand smoke. Ms. Ertz stated not to her knowledge. In Minnesota, the ordinances have been challenged as an active petition for a referendum to challenge councils' decisions. Councilmember Harstad noted that currently the Minnesota Clean Indoor Air Act has eliminated smoking in schools, licensed day care facilities, and health care facilities/clinics. This only eliminates the act of smoking in these businesses/facilities, but not where the smoke travels in non -designated smoking areas of restaurants and offices. Therefore, he believes that local government regulations eliminating second- hand smoke would be more effective as it would be non-political. Adopted City Council Minutes Special Meeting of August 21, 2001 Page 7 of 10 Councitmember Johnson stated she is very hesitant in regulating businesses, and she is pleased to see that some businesses have instituted a smoke free policy on their own. Councilmember Stein stated if smoking was banned in restaurants, those customers would patronize businesses located outside the City. Therefore, the loss of business would impact those businesses. He would only support an Ordinance banning second hand smoke if the restaurant owners supported it. He suggested that the City's restaurant owners be invited to a future Council meeting to discuss this issue. Councilmember Harstad agreed with Councilmember Stein's comments. Motion was made by Councilmember Harstad. and seconded by Councilmember Stein. to and invite those business owners hand smoke in their businesses to attend the hearing in order to receive their input. Mayor Tierney suggested that rather than conducting a hearing, the businesses work with the Wayzata Chemical Health Commission. Councilmember Slavik stated that she would not support the motion or an ordinance. She believes restaurant owners would be upset with the City in controlling their businesses. Councilmember Johnson agreed with Councilmember Slavik. Councilmember Hewitt stated that she wouldn't support the motion. She would not support banning second hand smoke unless it is banned statewide. Motion was made by Councilmember Johnson, and seconded to call the question. With all members voting The Council then voted on the main motion, and with all members voting against the motion but Harstad, the motion failed. Ms. Ertz asked if they could discuss this issue again with the Council in a year. Mayor Tierney replied yes. Ms. Mortenson stated she is available to do presentations to anyone on the effects of second hand smoke. Adopted City Council Minutes Special Meeting of August 21, 2001 Page 8 of 10 Liquor Issues Mayor Tierney reported that staff has provided information to the Council on liquor issues, and Council should provide direction to staff if any changes to the City ordinances or policies are desired. Councilmember Harstad noted that there is only a limit on the number of On -Sale Liquor Licenses. He also stated there is no limit on where alcohol is served or where there could be the potential for youth to access the alcohol. Councilmember Stein asked what the basis is for limiting the number of liquor licenses. Councilmember Harstad replied it would reduce the amount of time the Police Department spends on compliance checks. The Council discussed the breakdown of compliance checks included in the staff report, and they noticed that the number of convenience stores who have a 3.2 Malt Liquor License has decreased substantially. Assistant City Manager Ahrens stated that those businesses have voluntarily turned in their licenses. Dave Deziel, from Hollydale Golf Course, stated that many of those businesses have surrendered their licenses, as they do not feel it's worth the hassle. He stated that golf is primarily their business, not beer. He would be upset if the Council were to randomly deny the issuance of 3.2 Malt Liquor Licenses to golf courses. It's his opinion that compliance checks are ineffective. He stated to his knowledge, no business has been caught selling liquor to a minor. However, the City penalizes license holders. He stated the compliance checks aren't solving the problem of youth accessing alcohol. Councilmember Johnson agreed that golf courses are not a significant source of alcohol for youth, but how does the City treat them any differently from other license holders? Mr. Deziel stated the compliance checks are affecting part-time people who are employed by the licensed establishments. If a clerk fails a compliance check, they would be charged with a gross misdemeanor. He feels this is a harsh sentence as it is only a misdemeanor for a person who has been charged with speeding. He stated that one of his employees had to appear in court three different times, and there were attorney fees that their business paid. Lieutenant Franz stated the Police Department is no longer booking the clerks away from the business, but they are issuing the ticket on location. He stated the Best Practice Program has assisted with the compliance rate, but the more compliance checks, the Adopted City Council Minutes Special Meeting of August 21, 2001 Page 9 of 10 better overall compliance rate there would be. He noted that 35 out of 50 license holders are enrolled in the Best Practices Program. Councilmember Johnson asked how the City works with the establishments so they don't go to the extreme in carding individuals, i.e. carding someone who is 50 years old. Lieutenant Franz replied that some of the license holders have their own policies that they would card everyone. Assistant City Manager Ahrens stated that staff closely monitors the number of on -sale intoxicating liquor licenses. She stated that the Council might want to reserve liquor licenses for the Plymouth Creek Center, and future businesses, i.e. hotel, five-star restaurant. Councilmember Harstad stated in the long-term, he would suggest that the Council eliminate the 3.2 Malt Liquor classification. Mr. Deziel stated that he would object to that action. Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to accept staff's report and take no action at this time. With all members voting in favor except Harstad, the motion carried. Set Future Study Sessions The Council discussed whether there should be a Study Session to review options for disposition of homes along County Road 101 purchased by the City. Assistant City Manager Ahrens informed the Council that an interdepartmental comrnittee consisting of staff members from Engineering, Housing, Building, and Assessing Divisions has been formed to review the status of each home and prepare a recommendation for disposition. She invited any of the Councilmembers to serve on this committee. Councilmember Hewitt indicated her interest in serving on this committee. Councilmember Johnson stated that this committee could meet and provide a report to the Council for a regular agenda item. The Council scheduled a Study Session on November 13 at 5:30 p.m. to discuss the City's Train Whistle Ordinance. Adopted City Council Minutes Special Meeting of August 21, 2001 Page 10 of 10 The Council discussed the remainder of the items contained on the pending Study Session list, and no immediate Study Sessions were scheduled. The items were delayed until 2002. Public Works Director Faulkner informed the Council that staff would be conducting an informational meeting regarding the striping of Schmidt Lake Road. Abutting property owners as well as adjacent homeowners associations would be invited to attend this meeting. Adjournment Motion was made by Councilmember Slai adjourn the meeting at 10:00 p.m. With and seconded by Councilmember Stein, to the motion carried. ldayll' SS dranaR. Paulson, City Clerk