HomeMy WebLinkAboutCity Council Minutes 08-25-2009Adopted Minutes
Regular Council Meeting
August 25, 2009
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 25, 2009.
COUNCIL PRESENT: Mayor Slavik, Council Members Black, Bildsoe, Willis, Murdock, and
Stein.
ABSENT: Councilmember Johnson.
STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank,
Administrative Services Director Portner, Police Chief Goldstein, Senior Planner Drill, Water
Resources Manager Asche, Deputy Fire Chief Springer, Public Works Director Cote, Community
Development Director Juetten, Communications Manager LaFave, and City Clerk Engdahl.
Plymouth Forum
Gene Kuehn, 29th Avenue, thanked Councilmember Johnson and Park Director Blank for their
assistance in notifying his adjacent property owner in mowing the weeds on his two lots.
Judy Daily, 4905 Yuma Lane North, representing the Plymouth Community Foundation, stated
the foundation recently gave grants to Ridgedale YMCA, Interfaith Outreach, and Junior
Achievement for programs that will benefit Plymouth youth.
Presentations and Public Information Announcements
4.01) Presentation from Plymouth, Orono, and Wayzata Rotary Clubs regarding
Millennium Garden Donation
David Stein, 12238 481h Place North, representing the rotary clubs, presented a donation in the
amount of $9,000 for the viewing platform at the Millennium Garden. He stated the clubs will
also be assisting with the staining and landscaping around the platform.
Motion was made by Councilmember Willis and seconded by Councilmember Black, to adopt a
Resolution Accepting the Donation (Res2009-193). With all members voting in favor, the
motion carried.
4.02) Update on the Best Places to Live Designation
Adopted Minutes 1 of 6 Regular Meeting of August 25, 2009
Communications Manager LaFave presented an update on the City's "Best Places to Live"
designation. She thanked the City Council for promoting the community during this past year.
Councilmember Bildsoe recognized Mayor Slavik's efforts. He also thanked all members of staff
in promoting Plymouth.
Approval of Agenda
Public Works Director Cote requested that item No's. 6.12 and 6.13 be removed from the agenda.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to
gpprove the amended agenda. With all members voting in favor motion carried.
Consent Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
the Consent Agenda that included the followingitems: tems:
6.01) Special and Regular Council Meeting Minutes of August 11.
6.02) Resolution Approving Disbursements ending August 16, 2009 (Res2009-194).
6.03) Approve the sale of police canine to Sergeant Erik Fadden.
6.04) Resolution Approving a Variance for Impervious Surface Area Coverage to allow
Construction of a Home Addition by Skyline Design, Inc. for Property located at 1161 Black
Oaks Lane North (2009038 — Res2009-195).
6.05) Resolution Approving an Interim Use Permit for Three Rivers Park District for
Grading/Excavation Operations related to the Installation of the Segment of the Medicine Lake
Regional Trail Lying North of County Road 47 (2009039 — Res2009-196).
6.06) Resolution Authorizing the Payment of Dues to the TwinWest Chamber of Commerce
Res2009-197).
6.07) Resolution Requesting Payment No. 5 and Final for Wood Creek Erosion Repair Project
6103 — Res2009-198).
6.08) Resolution Authorizing the Mayor and City Manager to enter into a Contract with
Performance Kennels, Inc. for the Purchase and Training of a New Police Canine (Res2009-199).
6.09) Resolution Awarding a Contract for Four Seasons Raw Watermain (7114 — Res2009-200).
Adopted Minutes 2 of 6 Regular Meeting of August 25, 2009
6.10) Resolution Accepting Streets for Continual Maintenance for Taryn Hills 6th Addition
2007019 — Res2009-201).
6.11) Resolution Approving the Wetland Replacement Plan Application for Spring Meadows
2009025 — Res2009-202).
6.12) This item was removed from the agenda.
6.13) This item was removed from the agenda.
With all members voting in favor motion carried.
Public Hearings
7.1) Vacation of a Portion of Sanitary Sewer Easement over the West 90 feet of Lot 3,
Block 1, Klausman's Addition (9710 28th Avenue)
Public Works Director Cote reported on the proposed Vacation.
Mayor Slavik opened the public hearing.
Mayor Slavik closed the public hearing.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to adopt
a Resolution Authorizing the Vacation of Part of a Sanitary Sewer Easement as Granted in
Document No 3705285 over the West 90 feet of Lot 3 Block 1 Klausman's Addition (Res2009-
203). With all members voting in favor, the motion carried.
General Business
8.1) Variance for 9710 28th Avenue North (2009033)
Community Development Director Juetten reported on the Variance request.
Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to adopt
a Resolution Approving a Variance to allow a 6 -foot Side Yard Setback where 15 feet is Required
by the Zoning Ordinance for Speed Square Construction Inc. for Property located at 9710
28th
Avenue North (2009033— Res2009-204). With all members voting in favor, the motion carried.
8.2) Amendment to Agreement with the West Medicine Lake Community Club to Extend
Hours on New Years Eve
Adopted Minutes 3 of 6 Regular Meeting of August 25, 2009
City Clerk Engdahl reported on the request of the West Medicine Lake Club to amend their
agreement with the City to allow extended hours only on New Year's Eve. The proposed
amendment would allow the club to close the bar at midnight (which is the current requirement),
but patrons and club members could be at the site until 1:30 a.m. She noted that if there would
be any issues or complaints with the 2009 New Year's Eve event, the Council would review those
when the liquor licenses are renewed in 2010.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt a
Resolution Amending Resolution No. 2009-075 Approving a Consumption and Display License
for West Medicine Lake Community Club (Res2009-205). With all members voting in favor, the
motion carried.
8.3) Petition to Waive Sidewalk Requirement for a Sidewalk and to amend Development
Contract for "Spring Arbor" (2007002-F)
Community Development Director Juetten reported on the request.
Bobbie Gamboa, 16685 32"d Avenue North, representing the petitioners, stated their
neighborhood has wondered how they would use the sidewalk or how others would use it. Their
neighborhood is very safe and it's a nice quite cul-de-sac. She noted that even with the removal
of the sidewalk requirement, the residents would still be able to access the future trail connection
between two of the homes.
Mike Smith, 3260 Garland Lane, member of the Park and Recreation Advisory Commission,
stated this sidewalk is unique as it affects a future trail connection. He requested that the Council
keep the "big picture" in mind in deciding whether the sidewalk should remain. He stated he's
not sure how a sidewalk on one side of the street in front of three homes would affect the trail
plan. He noted that in the 2010 CIP, there is a trail to connect this development to the Lowe's
development. The petitioners want a quiet neighborhood with as much green area, and residents
on the other side of Dunkirk want the future trail access to the wetlands. He asked if the Council
needs to remove the sidewalk trail condition tonight, as it might be more prudent to leave the
sidewalk in until the Park Department finishes the plan for the trail. He stated one option could
be extending the 12 foot temporary crushed rock trail that was on the north side of this
development that could be connected to the trail system.
Park Director Blank showed the concept plan for the trail and the three areas where there could
be a safe crossing. He stated that this will be a highly desirable trail connecting over to the
Lowe's development, and construction is scheduled to begin next summer.
Councilmember Stein stated removal of the sidewalk is probably a conflict with the subdivision
ordinance, but would it be a conflict with the Comprehensive Plan. Community Development
Director Juetten replied no as the Comprehensive Plan shows the trail.
Councilmember Willis stated one of the concerns when this development was approved, was that
this access through Spring Arbor would serve the need for a sidewalk and trail access for the
Adopted Minutes 4 of 6 Regular Meeting of August 25, 2009
residents to the west to facilitate their access to the park land. The Council has a verbal contract
with the residents to have the trail through there. Unfortunately, the Council has been put in a
difficult situation, whereby the developer failed to notify residents of the sidewalk when they
purchased their properties or prior to when they installed their landscaping. He stated he's
disappointed that the developer didn't initially construct the sidewalk.
Councilmember Murdock stated she has no strong feelings one way or another, but this was a
compromise for the residents to the west to access the wetland and trail. She stated the issue for
her is finding a safe crossing to access the future trail. She suggested delaying this item.
Tom Gonyea, developer, acknowledged that the sidewalk should've been constructed initially.
He explained what precipitated the issue was when the building plans for the home at the corner
of Dunkirk and 32nd Avenue came in, and the property owner was informed that the sidewalk
needed to go in front of their property. He stated perhaps there could be other options, such as
the 12 -foot drainage easement in the development, or constructing the trail over Lot 1, which
they own, and over Lot 2 if the property owner agreed. Another option might be to come from
the Fire Station with the trail. He stated whatever their internal cost was to construct the
sidewalk, they would dedicate those dollars to another alternative.
Councilmember Black stated she agrees with the comments expressed by Councilmembers Willis
and Murdock as to what was previously agreed upon and the assurance that was given to the
residents west of Dunkirk for this connection. Therefore, she isn't supportive of the request to
remove the sidewalk.
Mr. Smith stated the majority of the residents probably wouldn't be too concerned if the trail
went over Lots 1 and 2 in the development as Mr. Gonyea suggested. He stated it would be nice
to have a little more time to gather the comments from the adjacent neighborhoods before a
decision is made.
Ms. Gamboa stated their development isn't recommending removing the trail access between
Lots 4 and 5 in their development.
Owner of the property located at 16695 32nd Avenue (corner of Dunkirk and 32nd Avenue), stated
he was made aware in the survey three to four weeks ago that there was a sidewalk. He stated he
needs a decision relatively soon so he knows how his driveway should be configured. He
discussed the sidewalk with his neighbors, and they stated they would gather a petition for the
removal of the sidewalk.
Councilmember Willis suggested tabling action on this item this evening so that the adjacent
neighborhoods could be notified of this request to remove the sidewalk, which would allow those
residents to comment on the plans.
Councilmembers Bildsoe and Stein stated that the Council gave their word to the adjacent
neighborhoods when this development was proposed that there would be a safe crossing and
sidewalk off Dunkirk to access the future trail. Therefore, they don't want to go back on their
Adopted Minutes 5 of 6 Regular Meeting of August 25, 2009
word/assurances that were provided to those neighborhoods. They stated there is no compelling
reason to remove the sidewalk.
Councilmember Willis stated he's sympathetic to the residents that have moved into this
neighborhood. He would be willing to review other options even though he admits that the
current trail/sidewalk configuration is the best layout.
Councilmember Murdock stated she prefers a solution that pleases everyone. The neighborhoods
to the west of Dunkirk just want a safe connection to the trail, and there could be other options to
review.
Public Works Director Cote suggested to the Council that they give direction to staff to work
with the developer on design flexibility and width of the sidewalk (five-foot sidewalk
immediately behind the curb and still meeting ADA requirements).
Motion was made by Councilmember Willis, and seconded by Councilmember Murdock, to
direct staff to work with the developer on design flexibility and width of the sidewalk (five-foot
sidewalk immediately behind the curb and still meeting ADA requirements).
Public Works Director Cote noted that the homes on the south side of 32nd Avenue where the
sidewalk would be constructed, would need to relocate their boxes to the other side of the street.
1 Tim Lennard, 16675 32nd Avenue, asked if the Council could delay action on this item until
September 22 in that more conversation could occur amongst the neighborhoods.
There being no further discussion and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations.
Adjournment
Mayor Slavik adjourned the meeting at 8:50p.
A&awd
Sandra R. Engdahl, Clerk
Adopted Minutes 6 of 6 Regular Meeting of August 25, 2009