HomeMy WebLinkAboutCity Council Minutes 06-05-1996Minutes
Regular Council Meeting
June 5, 1996
The 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 June 5, 1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Anderson, Wold,
Lymangood, Preus, and Granath.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Finance Director
Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and
City Clerk Ahrens.
Item 3 Plymouth Forum
No one appeared for the Forum.
Item 5 Approve Agenda
Councilmember Lymangood requested that the minutes of the Charter
Commission meeting of May 23 be added to the agenda as Item 9-C.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to approve the agenda with the addition of Item 9-C.
Motion carried, seven ayes.
Item 6 Consent Agenda
Councilmember Lymangood noted that a clarification has been made to the
staff report for Item 6-E and a correction made to the May 20 City Council
Special Meeting minutes. These items were noted and remained on the
consent agenda. Items 6-F and 6-K were removed from the Consent Agenda.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to approve the consent agenda as amended. Motion carried, seven ayes.
Item 6-A Approve City Council Minutes
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to approve the minutes of the May 15 Regular Council Meeting,
May 20 Board of Review, and the May 20 Special Council Meeting as
corrected. Motion carried, seven ayes.
Regular Council Meeting
June 5, 1996
Page 2
Item 6-B Approve Disbursements
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-298 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MAY 24, 1996. Motion carried, seven ayes.
Item 6-C Fazendin Brothers, Inc. (96041)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt ORDINANCE 96-11 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LAND LOCATED SOUTH
OF COUNTY ROAD 6 AND WEST OF URBANDALE LANE (96041).
Motion carried, seven ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-299 APPROVING PRELIMINARY
PLAT AND VARIANCE FOR FAZENDIN BROTHERS,
INCORPORATED FOR "EVERGREEN KNOLL ADDITION"
LOCATED SOUTH OF COUNTY ROAD 6 AND WEST OF
URBANDALE LANE (96041). Motion carried, seven ayes.
Item 6-1) Jerry Sisk for Burger King Restaurant (96055)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-300 APPROVING CONDITIONAL
USE PERMIT AMENDMENT, SITE PLAN AND VARIANCE FOR
JERRY W. SISK FOR PROPERTY LOCATED AT 14430 28TH PLACE
NORTH (96055). Motion carried, seven ayes.
Item 6-E The Rice Company, Rezoning at Highway 55 and Peony Lane (96037)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt ORDINANCE 96-12 AMENDING THE ZONING
ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
NORTHWEST TRUNK HIGHWAY 55 AND PEONY LANE (96037).
Motion carried, seven ayes.
Item 6-G Scott Rudin, Deny Conditional Use Permit (96047)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-301 DENYING CONDITIONAL USE
PERMIT FOR SCOT RUDIN FOR PROPERTY LOCATED AT 17525
26TH AVENUE NORTH (96047). Motion carried, seven ayes.
Regular Council Meeting
June 5, 1996
Page 3
Item 6-H Thomas A. Barbeau for Walser Chevrolet Building (96052)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-302 APPROVING CONDITIONAL
USE PERMIT A1 111ENDMENT AND SITE PLAN AMENDMENT FOR
WALSER CHEVROLET AT 9825 56TH AVENUE NORTH (96052).
Motion carried, seven ayes.
Item 6-I Olympic Steel, Inc. Site Plan Amendment and Variances (96058)
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-303 APPROVING A SITE PLAN
AMENDMENT AND VARIANCES FOR OLYMPIC STEEL
INCORPORATED, FOR PROPERTY LOCATED AT 625 XENIUM
LANE NORTH (96058). Motion carried, seven ayes.
Item 64 Establish June 26 as Regular Council Meeting
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to establish June 26, 1996, at 7:30 p.m. as a Regular City Council
meeting. Motion carried, seven ayes.
Item 6-L Approve Bid for Skidsteer loader and trailer
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-304 APPROVAL OF BID FOR
SKIDSTEER LOADER AND TRAILER Motion carried, seven ayes.
Item 6-M Award Contract for Peony Lane Improvements, Project 502
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-305 AWARDING BID FOR PEONY
LANE STREET, BRIDGE, AND UTILITIES, CITY PROJECT NO. 502.
Motion carried, seven ayes.
Item 6-N Award Contract for 1996 Crack Sealing Program
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-306 AWARDING BID, 1996 CRACK
REPAIR PROGRAM. Motion carried, seven ayes.
Item 6-0 Development Contract Guarantee Reduction
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-307 REDUCING REQUIRED
FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK
ADDITION (93106). Motion carried, seven ayes.
Regular Council Meeting
June 5, 1996
Page 4
Item 6-P Hennepin County Housing Consortium Agreement
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus to adopt RESOLUTION 96-308 APPROVING A NEW HOUSING
CONSORTIUM AGREEMENT WITH HENNEPIN COUNTY AND
AUTHORIZING A CHANGE IN THE STARTING DATE FOR THE
PROGRAM YEAR FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM. Motion carried, seven ayes.
Item 6-Q Amendment Agreement for Removal of Xenium Lane in Camelot
Overlook Addition
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-309 AUTHORIZING THE MAYOR
TO SIGN THE AMENDED AGREEMENT BETWEEN JEROME P.
BEGIN AND BETTY A. BEGIN, NORTH SUBURBAN
DEVELOPMENT, INCORPORATED, AND THE CITY OF
PLYMOUTH, CAMELOT OVERLOOK ADDITION (93035). Motion
carried, seven ayes.
Item 6-R Approve Plans and Specifications and Set Bid Dates
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-310 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
1996 TRAIL IMPROVEMENTS, CITY PROJECT NO. 417. Motion
carried, seven ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-311 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
12TH AVENUE STREET AND UTILITY IMPROVEMENTS, CITY
PROJECT NO. 523. Motion carried, seven ayes.
Item 6-S Approve Tobacco`License for City Market
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus to adopt RESOLUTION 96-312 APPROVING 1996 TOBACCO
LICENSE FOR BRADLEY HANSEN, OF WILLOW CREEK
GROCERY, INC. D/B/A CITY MARKET, 8 NATHAN LANE. Motion
carried, seven ayes.
Item 6-T Master Plan and Budget for Northeast Neighborhood Park
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-313 APPROVING THE
PRELIMINARY MASTER PLAN FOR THE NORTHEAST
NEIGHBORHOOD PARK, AND ESTABLISHING A PROJECT
BUDGET OF $250,700. Motion carried, seven ayes.
Regular Council Meeting
June 5, 1996
Page 5
Item 6-U Award Bid for Reroofing
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-314 AWARDING BID TO THOMAS
FINN COMPANY FOR ROOF REPLACEMENT. Motion carried, seven
ayes.
Item 6-V Change Order No. 3 for City Council Chambers Renovation
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-315 APPROVING CITY COUNCIL
CHAMBERS RENOVATION CHANGE ORDER NO. 3. Motion carried,
seven ayes.
Item 6-W Letter of Agreement with Law Enforcement Labor Services
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to authorize the Mayor and City Manager to enter into a letter of
agreement with Law Enforcement Labor Services, Inc., Local 18. Motion
carried, seven ayes.
Item 6-X Approve Various Bid Actions for Ice Rink
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-316 AWARDING BID FOR
STRUCTURAL STEEL, LONG SPAN JOISTS, ROOF DECKING AND
STEEL ERECTION. Motion carried, seven ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-317 REJECTING BID PACKAGE 4.1
ON FOUNDATION AND SUB -GRADE CONSTRUCTION. Motion
carried, seven ayes.
Motion was made by Councilmember Anderson, seconded by Councilmember
Preus, to adopt RESOLUTION 96-318 AWARDING BID FOR
SUPPLYING AND INSTALLING PRE -CAST CONCRETE
STRUCTURAL AND ARCHITECTURAL PRODUCTS. Motion carried,
seven ayes.
Item 7-A-1 (6-F) United Properties (96045)
Community Development Director Hurlburt presented the staff report on the
request of United Properties for approval of MPUD Preliminary Plat, MPUD
Preliminary Plan Amendment, Conditional Use Permit and MPUD Final
Plan/Plat for proper' i located northwest of 25th Avenue and Polaris Lane.
She said that the original preliminary plan approved a 150,000 square foot
industrial building at this location, with loading docks facing toward the multi-
family residential area to the west. In light of the new loading dock setback
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June 5, 1996
Page 6
regulation adopted in 1995, the applicant is proposing to reposition the
building to locate the loading docks along the north lot line, adjacent to an
existing industrial use.
She explained that the site plan indicates knock -out bays for up to 14 loading
docks. The applicant anticipates that loading docks would be installed in about
half of the knock -out bays. The six most westerly knock -out bays are within
300 feet of residentially zoned property. The distance between the closest
dwelling unit in the Timberton development and the nearest loading dock
would be about 230 feet. However, the loading area would not be visible from
the Timberton development due to an existing grove of trees. She stated that
the distance between the closest proposed dwelling unit in the Suncourt II
townhome development and the nearest loading dock would be about 300 feet.
The City has a 200 foot wide ponding easement over the eastern portion of the
Suncourt II property that abuts the proposed development site. At the public
hearing, a number of residents in the Ashburne development expressed concern
that they were not aware that this was an industrial site. They stated that they
were informed by the sales agent when they purchased their homes that this
vacant site would be permanent open space. She said there is a NURP pond
located south of Outlot A, but there are two remaining development sites in
this addition. Concerns were also expressed about wildlife in the area.
Councilmember Anderson noted the problems that have occurred relating to
the Ameridata loading docks because the docks abut a residential area. The
loading dock setback requirement of 300' adopted in 1995 may still allow
loading docks too near residential properties.
Community Development Director Hurlburt stated that the Ameridata loading
docks immediately abut a residential area and the distance is less than 100 feet.
She stated that under the new ordinance, the 300' setback is measured between
property lines. On this site, there is a large outlot, open space, and ponding
area between the loading docks and the residential area. Most of the homes
would be screened from the loading docks by the building as loading docks will
only be constructed on the north side of the building.
Councilmember Anderson asked about screening on the west side of the
building. Director Hurlburt responded that plantings are shown on the plan for
the west side of the building.
Councilmember Black asked about the height of the berm, the proposed
plantings, and the use of the property to the north of this site. Community
Development Director Hurlburt responded that the berm is proposed at 12
feet, with the landscaping placed on top of the berm. The property to the
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June 5, 1996
Page 7
north is industrial. No loading docks or driveways are proposed on the west
side of the building.
Councilmember Black asked if the Council could restrict the hours of
operation on the loading docks located closest to the residential neighborhood.
Attorney Knutson responded that it is possible for the City Council to attach
reasonable conditions to the approval.
Manager Johnson stated that staff is working with the City Attorney on an
ordinance that would address noise issues related to loading docks city-wide.
Councilmember Anderson asked if there are currently any restrictions on
loading dock noise or hours of operation.
Director Hurlburt responded that currently noise concerns would be handled
under the City's general noise nuisance ordinance, and there are no restrictions
on hours of operation of loading docks.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Preus, to adopt RESOLUTION 96-319 APPROVING
MPUD PRELIMINARY PLAT, MPUD PRELIMINARY PLAN
AMENDMENT, CONDITIONAL USE PERMIT, AND FINAL
PLAN/PLAT FOR UNITED PROPERTIES CORPORATION FOR
PROPERTY LOCATED NORTHWEST OF 25TH AVENUE AND
POLARIS LANE (96045) (MPUD 83-1).
Councilmember Black asked if the City could add the requirement that a fence
be installed at a later date, dependent on future conditions.
Director Hurlburt advised that the fencing condition should be added now, if
the Council believes that additional screening is needed.
Richard Martens, represented United Properties. He explained that this site
was originally approved as part of a broader PUD in 1988. He said that the
buildings have been reconfigured to an east -west orientation and the elevations
have been carefully considered in this plan amendment in order to address the
sensitivities of the adjacent residential area. The berm and plantings will
provide over 20 feet of screening between the loading dock and the residences,
and 90 percent of the residential areas are totally screened from the loading
docks by the building.
Mr. Martens stated that the Corps of Engineers has approved the Wetland
Mitigation Plan for the site. There were two wetland areas in the eastern
portion of the site, and a new wetland area will be added to the south of the
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June 5, 1996
Page 8
NURP pond. He said that these three acres of ponding will have a positive
visual effect for the adjacent residences. He said there will be eight to ten
tenants in the building, and he requested the project be approved.
Councilmember Anderson asked about the hours of truck traffic on the loading
docks.
Mr. Martens responded that truck traffic will mostly occur during the work
day; however, there could be several trucks in the evening or parked at the
loading dock overnight. He clarified that there would not typically be truck
traffic in and out during the night because this is an office/warehouse facility
rather than a warehouse distribution facility.
Councilmember Anderson asked if the applicant would have any objection to
restricting truck traffic to the hours of 10 p.m. and 6 a.m.
Mr. Martens said he objects to the condition because this facility would not be
competitive with other similar facilities that have no restriction on hours of
operation. He said that they would certainly comply with any noise ordinances
that apply to the entire community.
Councilmember Lymangood noted that this proposed plan amendment does
not comply with the standard 300' setback of loading docks to residential areas
that is established for the entire community. Six of the loading docks are
within the 300' setback. He suggested that hours of operation could be
restricted only on the four westerly loading docks closest to the residential
area, with no trucks entering or leaving the loading docks between 10 p.m. and
6 a.m.
Pamela Schreier, 15645 24th Avenue North, said she is pleased that the
building wall will face her property rather than the loading docks, and she
favors the berm with landscaping. However, she is concerned about the lights,
activity, and other impacts from the tenant parking which will abut her
property. She asked about the height of the facility and was concerned that the
tops of the semi trucks will be seen by residents.
Community Development Director Hurlburt said that the building height is 27
feet. She restated that the loading docks are on the north side of the building
and will fully screen the loading docks from the townhouse area. The second
proposed building would be located between the residences and the parking
lot. The parking lot lighting will be box -type structures that are directed
downward. The adjacent residences should experience no glare from lighting.
Regular Council Meeting
June 5, 1996
Page 9
Sue Nauschultz, 15645 24th Avenue North, said she was not aware that there
would be development on this property and she opposes the proposal. She is
concerned about the south exposure of the building, and recommended that in
addition to the berm and landscaping, something should be done along the
northeast edge of the pond closest to the parking lot to mitigate the impacts on
the adjacent residences.
Community Development Director Hurlburt said this plan does not include
landscaping along the south building wall. That landscaping requirement
would be part of a future building plan.
Lira Lynn Straight, 15635 24th Avenue North, said she was unaware there
would be development on this site and expressed concerns about aesthetic and
noise issues. She believes that the existing pond that has been created is
inadequate, and is concerned about the destruction of wildlife and her resale
value. She asked the Council to consider the impacts of this proposal on the
future residents of Suncourt H. Ms. Straight said that the Ashburne sales
representatives informed her and other buyers that nothing would be built
between their units and Polaris Lane.
Ellen Wiese, 15 63 5 24th Avenue North, said she was informed by the sales
representatives when she purchased her home that this land would remain
undeveloped, and she has since received a disturbing letter from the developer.
She believes that there will still be a full view of the warehouse from her site
and that noise will be a problem. She asked that the hours for loading and
unloading of trucks be restricted in the northwest area of the building.
Councilmember Lymangood asked Ms. Wiese to share a copy of the letter with
the Council.
Motion to amend was made by Councilmember Lymangood, seconded by
Councilmember Granath, to add Condition 13: Truck traffic is prohibited to
and from the four most westerly loading docks from the hours of 11 p.m. to 6
a.m.
Councilmember Lymangood commended the applicant on this proposal,
particularly the work that was done to reconfigure the building and loading
docks in order to mitigate the noise issues. He also noted that the applicant
has exceeded the requirements of the tree preservation ordinance.
Councilmember Wold stated that a resident had expressed dissatisfaction with
the existing pond on the site. He asked if the pond was appropriately built and
whether it is functioning properly,
Regular Council Meeting
June 5, 1996
Page 10
Public Works Director Moore explained that the pond is a storm water
treatment pond that handles the run-off of the industrial area.
Mr. Martens stated that he does not agree with the proposed restriction on
hours of operation for the four loading docks. He understands that the
condition would restrict truck traffic from entering and leaving the site during
those hours, but asked if loading and unloading activity from the building to
the truck could be done during that time.
Councilmember Black stated that the Ameridata situation proves that a noise
problem can exist from loading and unloading operations. She would prefer a
prohibition of loading and unloading, but has no concern with trucks parked
overnight in the docks.
Mr. Martens felt that the interpretation of the condition is too restrictive.
Councilmember Lymangood clarified that his amendment means that no trucks
can enter or exit between 11 p.m. and 6 a.m. However, if a truck is already
parked at the loading dock, loading and unloading could take place during
these hours.
Motion to amend carried, seven ayes.
Councilmember Black suggested another condition that no truck traffic can
circulate on the site from 11 p.m. to 6 a.m. Community Development Director
Hurlburt stated that there is only one entrance to the site so circulation should
not be a problem.
Main motion carried, six ayes; Anderson nay.
Item 7-A Off -sale 3.2 Liquor License for Plymouth Convenience Store
City Clerk Ahrens presented the staff report on the request of Richard A.
Henning for an off -sale 3.2 liquor license for the Plymouth Convenience Store,
17405 County Road 6.
Mayor Tierney opened the public hearing. No one appeared, and the hearing
was closed.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Granath, to adopt RESOLUTION 96-320 APPROVING
OFF -SALE 3.2 LIQUOR LICENSE FOR RICHARD A. HENNING,
DOING BUSINESS AS PLYMOUTH CONVENIENCE STORE, 17405
COUNTY ROAD 6. Motion carried, seven ayes.
Regular Council Meeting
June 5, 1996
Page 11
Item 7-B Vacation of Easement in Sugar Hills 2nd Addition
Public Works Director Moore presented the staff report on the vacation of a
part of a drainage and utility easement in Lot 27, Block 1, Sugar Hills Second
Addition. He said that a home was built one foot into the easement area and
recommended that me foot of the easement be vacated in order to resolve the
problem.
Mayor Tierney opened the public hearing.
Councilmember Lymangood asked how this error was made.
Director Moore responded that the error was made by the builder, but the
error was also not caught during the City permit process.
Mayor Tierney closed the hearing.
Motion was made by Councilmember Black, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-321 AUTHORIZING THE
VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT
IN LOT 27, BLOCK 1 - SUGAR HILLS 2ND ADDITION. Motion
carried, seven ayes.
Item 7-C Consider Closing South Shore Drive and Bassett Creek
Public Works Director Moore explained that the City Council has established a
public hearing to consider closing South Shore Drive at the Bassett Creek
bridge. He showed a map of the area, and said that a portion of the property is
in the City of Medicine Lake and a portion is in the City of Plymouth. The
area of the proposed closure of the roadway is entirely in Plymouth. The
public hearing is to consider closing of the roadway and to allow it for
pedestrian and bicycle traffic, as well as use by emergency vehicles. If the
roadway is closed, the Council could establish conditions on the use of the
roadway.
Director Moore stated that a portion of this area is industrial -type use, and
10th Avenue and Nathan Lane serves the major traffic movement. There are
issues regarding pedestrian safety, traffic volume, and traffic speed in the area.
Two speed humps were installed last fall, and analysis shows the speed humps
have significantly reduced the speeding on the roadway. He said that the
average daily traffic on South Shore Drive in the vicinity of the Bassett Creek
bridge is about 1,100 vehicles per day. This is comparable to other minor
collector streets in the City.
Public Safety Director Gerdes stated that accident counts were done for three
areas: Area 1 - Intersection of South Shore Drive and Highway 55; Area 2 -
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June 5, 1996
Page 12
South Shore Drive area running north and south; and Area 3 - South Shore
Drive area running east and west. He presented information on the number of
accidents and citations at each of the three areas, as well as fatal accidents. He
said there have been two fatal accidents in the last 10 years and both were
located at Highway 55 and South Shore Drive. In April, 1978, there was a
fatal accident that occurred on South Shore Drive at the bridge.
Councilmember Anderson asked if the 1978 accident involved alcohol use.
Director Gerdes responded that the accident involved a single vehicle that left
the roadway and alcohol was involved. He stated that based on the traffic
enforcement and speed humps, he believes there would be some impacts and
concerns with closing the roadway and diverting the east -west traffic to the
Highway 55 and South Shore Drive intersection. He stated that it is imperative
that emergency vehicles retain access if the road is closed.
Councilmember Anderson asked if the accident statistics for Area 3 (South
Shore Drive running east and west) is above or below the average for
pedestrian safety and motor vehicle issues. Director Gerdes responded that he
would rate the roadway average, given the type of roadway and those types of
issues.
Manager Johnson stated that over the last two years, a number of options have
been considered to address safety concerns on the roadway. He stated that the
City Council could vote to close the roadway or leave the roadway in its
current condition. He presented an alternative resolution that would postpone
action in order to try additional safety measures.
Councilmember Granath stated that he has worked with residents in the South
Shore area on these safety issues for some time. Several attempts have been
made to improve safety, but they have not solved the problem. He stated that
it is his intention to consider the issue of whether the roadway should be closed
with a global perspective of everyone impacted. He said the cooperation of the
City of Medicine Lake is needed.
Councilmember Preus asked that residents comment during the public hearing
on whether they support this alternative proposal to postpone action in order
to try additional safety measures.
Mayor Tierney opened the public hearing. She noted that many letters were
received on this subject, and a meeting between the City Councils of Plymouth
and Medicine Lake would be useful.
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June 5, 1996
Page 13
Medicine Lake Mayor Tom Schrader, 10 Kaiser Avenue, Medicine Lake, said
that residents are concerned with closing of the bridge for reasons of public
safety. They believe it is important to maintain two accesses into the
community, particularly since there have been two train accidents that blocked
one access. He noted that Public Safety Director Gerdes, Public Works
Director Moore, and Hennepin County Sheriff McGowan are opposed to the
closing of the roadway. Mr. Schrader said there are also traffic and speeding
concerns near Willow Woods that would worsen if the roadway is closed. He
stated that there was a decrease in speeding with the speed hump installation,
and the trail proposed by Hennepin Parks would also enhance safety. Mr.
Schrader favored a joint meeting to discuss a number of issues. He is willing
to review the items contained in the alternative resolution, but has concerns
about some of the conditions. For example, he believes the number of
additional speed humps proposed would be excessive. He is strongly against
closing of the roadway.
Councilmember Lymangood said that he had attended a meeting of Plymouth
and Medicine Lake city representatives in the past to discuss safety concerns
on the roadway. He asked what, specifically, Medicine Lake has done with
regard to speed and traffic/pedestrian safety concerns.
Mr. Schrader said that the City of Medicine Lake declined to install a stop sign
at South Shore Drive and Peninsula Road as suggested by Plymouth officials
and instead decided to "wait and see" what may be effective. They would be
willing to review it again, but believe that additional accidents could be caused
by the stop sign in the winter due to the slick intersection.
Medicine Lake Councilmember Mary Anne Young, 145 Peninsula Road,
Medicine Lake, opposed closing of the bridge. She said that Medicine Lake
officials have not had sufficient time to review the alternative resolution. She
asked whether the roadway will be closed if the City of Medicine Lake does
not cooperate with all of the issues contained in the alternative resolution. Ms.
Young asked the Council to consider that the Public Safety and Public Works
Directors support leaving the road open, and whether one exit is adequate for a
parking lot the size of the Country House. She encouraged the Council to vote
tonight whether the road should be closed or remain open, and not to postpone
the action. She believes that considering the safety issues in the area are
separate from whether the roadway should be open or closed.
Mayor Tierney asked staff to explain the item in the alternative resolution
regarding the instaVation of additional speed humps.
Manager Johnson said that Item 5 in the alternative resolution indicates that
five total speed humps would be installed. Two of these are already installed.
Regular Council Meeting
June 5, 1996
Page 14
Item 9 indicates that the City would consider the progress and impacts of all
items by July 24, 1996.
Councilmember Preus clarified that the resolution requests the City of
Medicine Lake to consider various issues to improve safety. The alternative
resolution is meant to avoid an all or none situation without addressing the
safety issues. He asked if Medicine Lake officials are willing to meet to work
on the issues outlined in the resolution.
Ms. Young responded that the City of Medicine Lake is interested in talking
with the Plymouth City Council.
Medicine Lake Councilmember John O'Toole, 181 Peninsula Road, Medicine
Lake, said he would work cooperatively with the City of Plymouth on these
issues. Several of the items have his full support, while others do not. He
believes that five speed humps are not needed, and he does not believe it is
practical to designate the bridge as one -lane. He fully supports development of
the trail and is open to reconsidering a stop sign at Peninsula Road and South
Shore Drive. However, he is unsure that a stop sign in that location will be
effective, if the objective is to reduce traffic speed east of the bridge.
Councilmember Lymangood explained that these suggestions are presented for
consideration because he does not know what the City of Medicine Lake has
done proactively to address the safety concerns.
Mr. O'Toole said that he supported the installation of the speed humps, and
the City of Medicine Lake is open to suggestions.
Councilmember Granath thanked Mr. O'Toole for his willingness to consider
the issues contained in the alternative resolution.
Manager Johnson asked if the City of Medicine Lake has directed the sheriff s
patrol to conduct additional radar for speeding.
Mr. O'Toole said that Medicine Lake has expressed concern about speeding
and has asked the sheriff s department to address it. He was unsure if a written
request has been made.
Anthony Levens, 10332 South Shore Drive, stated that he is the spokesperson
for residents in the South Shore Drive area east of the bridge. He said
residents are concerned about traffic volume and speeding, and it is dangerous
for children.
Regular Council Meeting
June 5, 1996
Page 15
Don Levens, 103312 South Shore Drive, presented photographs of the area. He
said residents are looking forward to a joint Plymouth -Medicine Lake Council
meeting to work on the safety issues.
Bill Enright, 10018 South Shore Drive, said that he lives east of the bridge. He
stated that the former speaker does not represent all residents who live east of
the bridge. He said there are 11 residents who live south to the park, some of
whom favor the road remaining open. He understands that there is a proposal
for Plymouth and Medicine Lake to share some fire services and is concerned
about the additional time that it may take emergency vehicles to respond if the
road is closed. Mr. Enright supports the speed humps and suggested they be
made higher.
Carrie Antus, 10717 10th Avenue, lives in the Sun Valley Mobile Home Court.
She said this area is a growing neighborhood of young children who like to go
to the park via 10th Avenue. If South Shore Drive were closed at the bridge,
more traffic would result on 10th Avenue, worsening that traffic problem. She
is concerned about her family's safety and does not believe that an emergency
access should be closed. She supports the proposed trail.
Joe Fonder, 10890 South Shore Drive #3, stated he lives in the apartments on
South Shore Drive facing the park. His children use the park every day, and
the traffic is heavy. He believes that the speed humps were a good idea, and he
believes some should also be installed between the Flying Tiger business and
the park. He supports the proposed trail with crosswalks so that people can
get to the trail. He would like the road to remain open. Mr. Fonder stated that
many drunk drivers are evident on this roadway, particularly on Friday and
Saturday nights. He often walks to the Country House business and has
almost been hit as he walked along the roadway.
Rita Dhein, 10890 South Shore Drive #3, stated that she does not want the
road closed for the safety of children.
Ruth Nolan, 1143 South Shore Drive, represented the Flying Tiger business.
She understands the safety concerns and is aware that there are drunk drivers
on all roads. She stated that they do their best to keep this to a minimum and
believes it would be preferable to have the road open for enforcement
purposes. Ms. Nolan said there is one "natural" speed hump at the bridge
because vehicles must slow significantly to cross the bridge. She opposes
closing the roadway due to the impact on the Flying Tiger business, as well as
closing a lovely area for residents to drive.
Medicine Lake Fire Chief Dave Elliott, 162 Peninsula Road, Medicine Lake,
opposed the closing of South Shore Drive or restricting any flow of traffic. He
Regular Council Meeting
June 5, 1996
Page 16
said that the cities of Medicine Lake and Plymouth recently entered into an
automatic mutual fire aid response for water or ice rescue. He stated it would
be counterproductive to close the roadway that currently gives Medicine Lake
the quickest access to Plymouth. The purpose of the agreement was to reduce
the response time to an incident, and closing the roadway could increase
response time by about three minutes. He believes there would still be a delay
if the road is closed and emergency access is retained over the bridge. Mr.
Elliott said that he and Plymouth Fire Chief Kline are currently considering a
similar mutual aid agreement for fire responses to the South Shore Drive area.
Mr. Elliott said that fire, ambulance, and sheriff response into Medicine Lake
from other cities would also be delayed. With regard to the proposed items in
the alternative resolution, he said that for all fire and medical emergencies the
Medicine Lake Fire Department accesses the Country House business via the
driveway proposed to be closed. The water supply for the fire equipment is
also brought through this driveway. He believes the speed humps and
enforcement actions have been effective. He suggested that the Plymouth
Police Department and Hennepin County Sheriffs department could work
together on enforcement on South Shore Drive.
Sue Shugledecker, 10850 South Shore Drive, expressed concerns about
children crossing the road to get to the park. She opposes the street closing.
Les Young, 145 Peninsula Road, encouraged the Council to act on the issue
tonight, rather than deferring the decision. He supports any initiatives that
would decrease traffic, but opposes actions that would increase traffic by the
apartments. He noted that Hennepin County Sheriff McGowan indicated he
was anxious to work with City of Plymouth on selective enforcement.
Gene Hayes, 157 Peninsula road, does not support closing the road. He stated
that the biggest traffic problem is at South Shore Drive and Highway 55 and
this would be worsened by closing the roadway. He believes the City of
Plymouth is trying to send its problems to Medicine Lake.
Gary Fleishacker, 169 Peninsula Road, stated that safety is an issue for those
individuals both supporting and against the road closing. He encouraged the
Council to not close the roadway in order for doctors living in Medicine Lake
to have adequate access to their jobs and for reasons of inconvenience for
other residents. He believes that closing the roadway is unnecessary and
would be supportive of any efforts to enhance safety. He is a member of the
Medicine Lake Planning Commission and stated that safety would not have
been improved by installation of a stop sign at South Shore Drive and
Peninsula Road. Mr. Fleishacker does not believe the initiatives can be
implemented and evaluated in one month.
Regular Council Meeting
June 5, 1996
Page 17
Ron Hennes, 10520 South Shore Drive, stated that he collected petition
signatures on this issue last week. The result was about half in favor of the
road closing and half against. In addition to train derailments, he is concerned
about adequate access during storms. He stated that having only one access
would make the area less accessible. He supports more stop signs, speed
humps, and a lower speed limit.
Dr. Pamela Green, 264 Peninsula Road, stated that she is one of about 15
physicians living in Medicine Lake. She explained that there are bylaws that
indicate how far she can live from her medical facility. Her hospital's by-laws
recommend a 15 -mile radius. Her current commute to the hospital meets the
requirement, but she counts on ready access to Highway 169. If the road were
closed, she would have to stay at the hospital over night at times.
Mayor Tierney closed the public hearing.
Motion was made b; Councilmember Granath, seconded by Councilmember
Preus, to adopt RESOLUTION 96-322 POSTPONING ACTION ON
CLOSING SOUTH SHORE DRIVE AND INITIATING ADDITIONAL
SAFETY MEASURES IN THE SOUTH SHORE DRIVE AREA, with
the addition of No. 11: That the Plymouth Public Works Department and
the Public Safety Department review, analyze, and make a
recommendation on a crosswalk near 10th Avenue.
Councilmember Wold stated that he is concerned about the past lack of action
on this issue. While the roadway closing may have some downsides, some of
the issues could be mitigated. He believes that closing the roadway would be
preferable to doing nothing. He will not accept a "wait and see" attitude on
this issue because the safety concerns have been expressed for decades and
need to be resolved. The past has proven that doing nothing does not fix the
problem. He has recently driven the area and noted that people do not behave
themselves on this road. The City of Plymouth has attempted several solutions
to the problem and continues to look at ways of addressing the issues, but
Medicine Lake has adopted a "wait and see" attitude. He believes that there is
a potential compromise.
Councilmember Black noted that the Medicine Lake Mayor indicated there are
legitimate and valid safety concerns for Medicine Lake residents if the roadway
is closed. However, she does not believe that the safety concerns of the
Plymouth residents on South Shore Drive have been heard by Medicine Lake
officials. She stated that if she is forced to vote to close the roadway, she may
well do that if efforts are not made by Medicine Lake to address the safety
concerns.
Regular Council Meeting
June 5, 1996
Page 18
Councilmember Preus stated that he strongly supports the alternative
resolution and thanked the Medicine Lake officials for agreeing to meet to
work out the problems.
Councilmember Lymangood thanked residents for expressing their opinions on
the issue. His concern is in the tone and tenor of the comments of some
speakers that the solutions lie in Plymouth. He stated it is not solely Plymouth
residents who have created this situation. When suggestions were made for
addressing the safety concerns, there was a concern that the suggestions are
conditions, yet Medicine Lake officials are also asking Plymouth for
suggestions. He clarified that the resolution "requests Medicine Lake to
consider" various issues. He believes there has been a lack of specific action
on the part of Medicine Lake officials to address these concerns and find
solutions in the past.
Motion to amend was made by Councilmember Lymangood, seconded by
Councilmember Granath, to add to Item 5 of the resolution that the City of
Medicine Lake and the City of Plymouth jointly consider additional speed
humps be installed: 1) at the east side of Medicine Lake City Hall; 2) between
10320 and 10314 South Shore Drive; and 3) between 10210 and 10128 South
Shore Drive no later than July 17, 1996.
Manager Johnson saw no harm in the amendment, but noted that Public Works
Director Moore has identified that the probable best locations for additional
speed humps are in Plymouth. However, the speed hump warning sign
approaching the westerly most speed hump would be in Medicine Lake.
Public Works Director Moore suggested that the cities could consider safety
issues related to the north/south segment of South Shore Drive as well.
Motion to amend the amendment was made by Councilmember Lymangood,
seconded by Councilmember Granath, to add to Item 5: And further joint
cooperative consideration be given to installation of speed humps and
appropriate signage on the north/south segment of South Shore Drive.
Mayor Tierney asked if the deadline should be consistent with the other items
in the resolution. Councilmember Lymangood preferred the July 17 date
stated in the resolution.
Motion was made by Councilmember Anderson, seconded by Councilmember
Granath, to call the question. Motion carried, seven ayes.
Motion to amend the amendment carried, seven ayes.
Regular Council Meeting
June 5, 1996
Page 19
Motion was made by Councilmember Preus, seconded by Councilmember
Granath, to call the question on the amendment. Motion carried, seven ayes.
Motion to amend carried, seven ayes.
Councilmember Anderson thanked residents for attending the public hearing
and thanked Councilmember Lymangood for spearheading the concept of a
trail. He strongly believes that there has not been as much cooperation as
possible from Medicine Lake and that additional efforts could be taken. He
stated that this resolution only postpones action on the road closing.
Mayor Tierney stated that last year the City thought a trail was going to follow
the railroad tracks. She believes this issue is precedent setting and would
prefer to deal with the issue of whether to close the roadway separately from
the safety issues.
Motion was made by Councilmember Preus, seconded by Councilmember
Anderson, to call the question. Motion carried, seven ayes.
Main motion as twice amended carried, seven ayes.
Mayor Tierney stated that the City of Medicine Lake has suggested June 24 as
the date for a joint Plymouth -Medicine Lake meeting.
Motion was made by Councilmember Lymangood, seconded by
Councilmember Wold, to establish a Subcommittee consisting of
Councilmembers Preus, Black, and Granath to address these issues with the
City of Medicine Lake, with Councilmember Granath to serve as
Subcommittee Chairperson.
Mayor Tierney stated that she believes the full City Councils should meet, and
she would like to participate.
Motion was made by Mayor Tierney that the Subcommittee be composed of
Councilmembers Granath, Black, Preus, and Mayor Tierney. Motion failed for
lack of a second.
Motion was made by Councilmember Preus, seconded by Councilmember
Wold, to call the question. Motion carried, six ayes; Tierney nay.
Main motion carried, six ayes; Tierney nay.
Regular Council Meeting
June 5, 1996
Page 20
Motion was made by Councilmember Lymangood, seconded by Councilmember Granath,
to suspend the rules and set an adjournment time at 10:30 p.m. Motion carried, seven
ayes.
Item 8-A Consider Report on Pike Lake Speed Limits
Park Superintendent Peterson explained that in 1992 surface water regulations
were adopted by the cities of Plymouth and Maple Grove on Pike Lake which
limited the speed of boats to 15 mph. At citizen request, the City Council
rescinded the 15 mph speed limit on Pike Lake last fall pending DNB's
approval and established a committee between both cities to study the problem
to determine whether or not a mutual ordinance could be developed. During
the review period, the DNR indicated that a joint powers agreement would be
required by both parties for the change and that additional information be
provided.
He presented three possible options for consideration: Option 1: Take no
action and leave the 15 mph speed limit in place. This is the preferred
approach of the City of Maple Grove including their Water Quality Committee,
staff, City Council, residents of Pike Lake, and the City of Plymouth
Environmental Quality Committee. Their position is that the quality of the lake
and its surrounding environment is better served by the 15 mph speed limit.
Option 2: Approve an ordinance proposed by Plymouth residents allowing
higher speeds Saturday to Sunday, 12 noon to 6 p.m., Memorial Day to Labor
Day. This would b-- forwarded to the City of Maple Grove for consideration.
Joint powers agreements are required for approval by the DNR. If no
agreement can be made, staff would be directed to request Hennepin County to
make a recommendation. Option 3: Uphold the rescinding of the ordinance by
directing staff to notify the City of Maple Grove and the DNR of Plymouth's
final decision. Joint powers agreements are required for approval by the DNR.
If no agreement can be made, staff would be directed to request Hennepin
County to make a recommendation. These rulings could range from no
restrictions which could impact the lake through unlimited use of the lake to no
boating at all. The county would have the authority, after a public hearing, to
enforce such an ordinance with DNR approval.
Steve Engelke, 6110 Deerwood Lane, stated he has been a lakeshore owner on
Pike Lake for six years. There are six docks on Pike Lane, five of which are in
Plymouth. On the north end of Pike Lake, there is a narrow channel
connecting to Eagle Lake. He said that the water quality and high phosphorus
levels of the lake are the result of drainage runoff from about 300 Maple Grove
properties into Pike Lake. Power boating can potentially stir up the nutrients
and phosphorus, but don't create the high levels. He recommended that the
water quality of th(., tream running into the lake should be addressed,
homeowners on the lake and stream could be educated, and development
Regular Council Meeting
June 5, 1996
Page 21
should be controlled on the shoreline. He believes it is unfair to eliminate
recreation activities that are not the source of the problem and supports Option
2, as residents have purchased boats and installed docks expecting to use them.
Councilmember Black asked about the location of the stream running into the
lake.
Mr. Engelke said it is located between Plymouth and Maple Grove, with the
majority of runoff coming from Maple Grove.
Gary Zechmeister, 6210 Deerwood Circle, said he is a homeowner on Pike
Lake and supports Option 2. He purchased his home with the understanding
that Pike Lake was a recreational lake and purchased a dock and boat. He
believes that a compromise is possible.
Mayor Tierney asked the Public Works Director to comment.
Public Works Director Moore said that he spoke with the Maple Grove City
Engineer. The channel between the lakes is narrow. Small boats can get
through the channel, but it is difficult for larger boats. He explained that there
are approval processes through the DNR to dredge channels. Maple Grove
previously attempted to get funding from the DNR for that purpose, but it is
complicated because of the requirement that all material be removed from the
lakebed.
Motion was made by Councilmember Anderson, seconded by Councilmember
Lymangood, to pursue Option 2 to approve an ordinance allowing higher
speeds Saturday to Sunday, 12 noon to 6 p.m., Memorial Day to Labor Day.
Councilmember Black stated that it is difficult, but not impossible, to get
through the channel. Residents on Pike Lake can go through the channel to
water ski on Eagle Lake. Passive uses could take place on Pike Lake. She
stated that the Environmental Quality Committee unanimously recommended
Option 1. She stated that speed boats stir up the bottom and the lake is
shallow at an average 6.5 foot depth.
Motion to amend was made by Councilmember Lymangood, seconded by
Councilmember Anderson, to direct staff to provide the Council with a report
regarding sources of phosphorus loading and possible reduction.
Councilmember Lymangood stated that he was disappointed that the
Environmental Quality Committee did not make a recommendation to address
methods of reducing the phosphorus content.
Regular Council Meeting
June 5, 1996
Page 22
Councilmember Black stated that the Committee is in the process of
developing a Surface Water Management Plan which will address those issues
citywide.
Attorney Knutson explained that Option 2 would require that a public hearing
be held prior to adoption of the ordinance. Maple Grove would need to adopt
a similar ordinance, and then it would be forwarded to the DNR for approval.
Councilmember Black stated that the DNR has made numerous comments that
they are not in favor of Option 2 and approval is not likely. It would also be
counter to Maple Grove's adopted Lake Management Plan.
Councilmember Preus stated that the amendment relating to reduction of
phosphorus levels gets to the heart of the issue. He would hope that Maple
Grove and the DNR would be receptive to addressing the water quality issue,
rather than penalizing five homeowners living on the lake.
Motion to amend carried, seven ayes.
Councilmember Granath stated he opposes Option 2 for the reasons noted by
Councilmember Black.
Motion was made by Councilmember Black, seconded by Councilmember
Anderson, to call the question. Motion carried, seven ayes.
Motion carried: Anderson, Lymangood, Preus, and Tierney ayes; Wold,
Granath, and Black nays.
Manager Johnson stated that a hearing on the issue will be scheduled for a
future Council agenda.
Motion was made by Councilmember Lymangood, seconded by Councilmember
Anderson, to suspend the rules and extend the adjournment time to 10:46 p.m. Motion
carried, seven ayes.
Item 9-A Receive Report on Pedestrian Activated Traffic Signal at Bass Lake
Playfield and Northwest Boulevard
Public Works Director Moore stated that at the May 15 Forum, three residents
who live in the 5400 block of Teakwood Lane addressed the City Council
concerning the traffic signal which is being installed on Northwest Blvd. to
provide pedestrian wcess to the Bass Lake Playfield. He reviewed the history
of the issue and stated that the City Council had determined that a fully
actuated traffic signal was the proper method to provide safe access for this
residential neighborhood to the Bass Lake Playfield. The Public Safety
Regular Council Meeting
June 5, 1996
Page 23
Department concurred that if a signal was to be installed, it should actually
stop the traffic. The Council was able to get concurrence for the signal
installation through Hennepin County. The trail has been constructed and the
signal installed as directed by the Council. It is ready for activation.
Kristen Palyan, 5430 Teakwood Lane, stated her property overlooks the new
traffic control device. She thanked the Council for installing something, but is
disappointed in the large size of the structure. She stated that all of the earlier
studies indicated that a structure was not warranted and that more accidents
could result when a light is continually green until a pedestrian activates the
light. Ms. Palyan said that a state law requires vehicles to stop for pedestrians
in a crosswalk, and the Council was misinformed about this at an earlier
meeting. She asked that the Council consider the following: to install shields
on the overhead street lights to reflect the light downward; to turn off the
signal lights at 10 p.m. when the park closes, to plant good-sized landscaping
in the abutting rear yards affected by the light, to review the effectiveness of
the signals in six months, and to provide safety information for neighboring
residents.
Tom Stokes, 5450 Teakwood Lane, agreed with the previous comments. He
asked if a flashing amber signal would have looked similar to the installed
signal structure.
Public Works Director Moore stated that it is unknown exactly which
alternative structure would have been installed because the criteria is open to
some interpretation. The criteria for this construction was developed by the
consulting engineers and approved by Hennepin County standards.
Mr. Stokes said that Hennepin County had recommended that a signal be
installed similar to the one at County Road 6, west of Highway 55. He stated
that the signal structure installed at Bass Lake Playfield is only the second of its
magnitude in Hennepin County.
Director Moore explained that the County Road 6 signal is for a crosswalk
between two office buildings with a different type of pedestrian use than this
area which is a playfield.
Motion was made by Councilmember Black, seconded by Councilmember
Granath, to accept the staff report with staff to furnish information to residents
as requested, and to direct staff to check on doing the following: shielding the
overhead street lights, turning off the overhead lights at 10:00 p.m. when the
park closes, providing area residents with safety issues on the use of the lights
and potential risks in using them, installing landscaping for the abutting yards,
and scheduling a report on the effectiveness of the lights in October.
Regular Council Meeting
June 5, 1996
Page 24
Mr. Stokes said neighbors would like the light activated as soon as possible so
that review of the er:ectiveness can begin.
Public Works Director stated that according to the Uniform Traffic Manual, a
traffic signal cannot be turned off However, it could be placed in a flashing
mode.
Councilmember Lymangood asked if there is discretion with regarding to
turning off overhead street lights.
Director Moore responded that there are safety aspects, but it can be
considered.
Park Director Blank noted that the park closes at 10:30 p.m., not 10:00 p.m.,
so the lights should remain on until that time.
Councilmember Wold asked if the motion is to direct that the landscaping be
done or to get a recommendation from staff. Councilmember Anderson said
that he would like a recommendation from staff to the Council. The
installation of landscaping could be expensive and could set a precedent in
other areas.
Councilmember Black stated that she would accept as a friendly amendment to
her motion extending the lights until 10:30 p.m. and directing staff to make a
recommendation on landscaping.
Substitute motion was made by Councilmember Preus, seconded by
Councilmember Anderson, to refer the issues back to staff for a
recommendation. Motion to substitute carried, six ayes; Lymangood nay.
Main motion carried, six ayes, Lymangood nay.
Motion was made by Councilmember Anderson, seconded by Councilmember Granath, to
adjourn the meeting at 10:55 p.m. Motion carried, five ayes; Wold and Lymangood nays.
La rie Ahrens
City Clerk