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HomeMy WebLinkAboutCity Council Minutes 05-28-1997MINUTES REGULAR COUNCIL MEETING MAY 28, 1997 A 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 May 28, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Bildsoe, Wold, and Johnson. ABSENT: Councilmembers Black and Preus. STAFF PRESENT: Assistant City Manager Lueckert, City Engineer Faulkner, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Arbor Day Proclamation and Tree City USA Award Park Director Blank invited Councilmembers and residents to participate in an Arbor Day celebration at Kimberly Lane Elementary School on May 29. He announced that the City has received the designation of Tree City USA for the 13`h consecutive year. The City of Plymouth is planting over 1,000 trees throughout the City this season. Mayor Tierney proclaimed May 29 as Arbor Day in the City of Plymouth. Item 5 Approve Agenda City Manager Johnson suggested that Items 6-Q-1 and 8-D be tabled to a future meeting. Motion was made by Wold, seconded by Johnson, to approve the agenda with the deletion of Items 6-Q-1 and 8-D. Motion carried, five ayes. Item 6 Consent Agenda Items 6-L, 6 -EE, and 6 -FF were removed from the Consent Agenda. City Manager Johnson provided additional information on Item 6-N1. Motion was made by Wold, seconded by Bildsoe, to adopt the Consent Agenda with the removal of Items 6-L, 6 -EE, and 6 -FF for consideration elsewhere on the agenda. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 2 Item 6-A Approve Minutes Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to approve the minutes of the April 23 meeting of the 1997 Board of Review, the May 7 Special Council Meeting, the May 7 Regular Council Meeting, and the May 14 Special Council Meeting. Motion carried, five ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-282 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 16,1997. Motion carried, five ayes. Item 6-C Tobin Real Estate, West Suburban Health Campus (97028) Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-283 APPROVING A PRELIMINARY PLAT AND FINAL PLAT FOR TOBIN REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 55 AND I-494 (97028). Motion carried, five ayes. Item 6-D C.G. Rein Industries, Inc. (96044) Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-284 APPROVING FINAL PLAT FOR C.G. REIN INDUSTRIES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF HIGHWAY 169 AND SCHMIDT LAKE ROAD (96044F). Motion carried, five ayes. Item 6-E Hoyt Properties, Plymouth Technology Park Second Addition (97003) Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt ORDINANCE 97-8 AMENDING CHAPTER 21 OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF SCHMIDT LAKE ROAD AND WEST OF I-494 (97003). Motion carried, five ayes. Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-285 APPROVING FINDINGS OF FACT FOR REZONING FOR HOYT PROPERTIES INC. FOR PROPERTY LOCATED NORTH OF SCHMIDT LAKE ROAD AND WEST OF I494 (97003). Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 3 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-286 APPROVING FINAL PLAT FOR HOYT PROPERTIES, INC. FOR PLYMOUTH TECHNOLOGICAL PARK 2ND ADDITION FOR PROPERTY LOCATED NORTH OF SCHMIDT LAKE ROAD AND WEST OF I- 494 (97003F). Motion carried, five ayes. Item 6-F Taxi License Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-287 APPROVING TAXICAB AND TAXI DRIVER LICENSE FOR 1997. Motion carried, five ayes. Item 6-G Mighty Ducks Grant Application Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-288 AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO MAKE AN ICE ARENA GRANT APPLICATION. Motion carried, five ayes. Item 6-H Mighty Ducks Ice Center Grant Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-289 ACCEPTING MIGHTY DUCKS GRANT. Motion carried, five ayes. Item 6-I Interim use Permit and Access Easement, Sugar Hills 3`d Addition Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-290 APPROVING AN INTERIM USE PERMIT FOR MOEN LEUER CONSTRUCTION FOR DEPOSIT OF FILL AT PROPERTY LOCATED SOUTH OF 36TH AVENUE, NORTH OF HIGHWAY 55, AND EAST OF ROCKFORD ROAD 97039). Motion carried, five ayes. Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-291 RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND DUNKIRK INVESTMENT COMPANY FOR ACCESS OVER OUTLOT B, CIC NO. 696, SUGAR HILLS 3RD ADDITION. Motion carried, five ayes. Item 64 Institution Community Work Crew Program Contract Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-292 APPROVAL OF INSTITUTION COMMUNITY WORK CREW PROGRAM. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 4 Item 6-K Reed Denny. Variance at 3805 Pilgrim Lane (97056) Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-293 APPROVING VARIANCE REQUEST FOR REED DENNY FOR PROPERTY LOCATED AT 3805 PILGRIM LANE NORTH (97056). Motion carried, five ayes. Item 6-M Kindercare Learning Centers, Inc. (97040) Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-294 APPROVING SITE PLAN, CONDITIONAL USE PERMIT, INTERIM USE PERMIT AND TWO VARIANCES, AND DENYING ONE VARIANCE FOR KINDERCARE LEARNING CENTERS, INC., FOR PROPERTY LOCATED SOUTH OF ROCKFORD ROAD BETWEEN PLYMOUTH BOULEVARD AND VICKSBURG LANE (97040). Motion carried, five ayes. Item 6-N-1 Vacation of Easements within West Suburban Health Campus Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-295 ORDERING PUBLIC HEARINGS ON THE VACATION OF ALL DRAINAGE EASEMENTS FOR PONDING, WEST SUBURBAN HEALTH CAMPUS. Motion carried, five ayes. Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-296 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, WEST SUBURBAN HEALTH CAMPUS. Motion carried, five ayes. Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-297 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF INTERSTATE HIGHWAY NO. 494, WEST SUBURBAN HEALTH CAMPUS ADDITION. Motion carried, five ayes. Item 6-N-2 Vacation of Easements, Bass Lake Terrace Second Addition Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-298 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT AND PART OF A DRAINAGE EASEMENT FOR PONDING PURPOSES, LOT 37, BLOCK 2, BASS LAKE TERRACE SECOND ADDITION. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 5 Item 6-0 Street Light Project, Munla Addition Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-299 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, MUNLA ADDITION. Motion carried, five ayes. Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-300 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, MUNLA ADDITION. Motion carried, five ayes. Item 6-P 1997 Municipal Recycling Grant Agreement Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-301 APPROVING 1997 RECYCLING GRANT AGREEMENT. Motion carried, five ayes. Item 6-Q-2 Wetland Act Exemption - Progress Casting Foundry Expansion Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-302 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1997 WETLAND ACT, PROGRESS CASTING FOUNDRY EXPANSION, SE CORNER OF NIAGARA LANE & 27TH AVENUE N., SW SE SEC. 21, T118N, R22W. Motion carried, five ayes. Item 6-Q-3 Wetland Conservation Act Exemption - Video Update Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-303 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1997 WETLAND ACT, CHESAPEAKE COMPANIES NLP GROUP, LLC, VIDEO UPDATE DEVELOPMENT, LOT 2, BLOCK 5, PLYMOUTH, NW NW SEC. 21, T118N, R22W. Motion carried, five ayes. Item 6-11 Hennepin Parks Twin Cities Water Quality Initiative Grant Application Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to authorize the Mayor to sign a letter in support of the Hennepin Parks proposed Twin Cities Water Quality Initiative Program grant application. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 6 Item 6-S Award Contract, 1997 Street Reconstruction Project No. 7001 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-304 AWARD CONTRACT, 1997 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7001. Motion carried, five ayes. Item 6-T Cimarron East Street Reconstruction Project No. 7002 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-305 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CIMARRON EAST STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7002. Motion carried, five ayes. Item 6-U Construction Cooperative Agreement, City Project No. 7004 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-306 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT, RIDGEMOUNT AVENUE - VINEWOOD LANE TO COUNTY ROAD 73, MINNETONKA PROJECT NO. 4759R, PLYMOUTH PROJECT NO. 7004. Motion carried, five ayes. Item 6-V Revisions to "Odd/Even" Water Sprinkling Restrictions Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-307 AMENDING RESOLUTION 92- 303, ESTABLISHING WATER RESTRICTION PROGRAM. Motion carried, five ayes. Item 6-W Installation of Stop Signs at Various Locations Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-308 INSTALLATION OF STOP SIGNS AT VARIOUS LOCATIONS. Motion carried, five ayes. Item 6-X Payment No. 3 and Final, City Project No. 3010 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-309 REQUEST FOR PAYMENT NO.3 AND FINAL, T.H. 55/COUNTY ROAD 24 SIGNAL SYSTEM, CITY PROJECT NO. 3010. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 7 Item 6-Y Change Order No. 2, City Project No. 4017 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-310 APPROVING CHANGE ORDER NO. 2, 1996 PARK BOND TRAIL IMPROVEMENTS, CITY PROJECT NO. 4017. Motion carried, five ayes. Item 6-Z 1997 Seal Coat Program Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-311 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1997 SEAL COAT PROGRAM. Motion carried, five ayes. Item 6 -AA Reimbursement for Engineering Costs -City Project No. 3016 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-312 REIMBURSING DEVELOPER FOR ENGINEERING COSTS REQUIRED TO CONSTRUCT SCHMIDT LAKE ROAD, CITY PROJECT NO. 3016. Motion carried, five ayes. Item 6 -BB Award Bids for Imperial Hills and Circle Park Playgrounds Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-313 APPROVAL OF IMPERIAL HILLS & CIRCLE PARK PLAY EQUIPMENT. Motion carried, five ayes. Item 6 -CC Advertising Agreement for Zamboni Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-314 APPROVING ADVERTISING AGREEMENT FOR ICE RINK RESURFACER. Motion carried, five ayes. Item 6 -DD Establish June 16, 1997 for Board and Commission Interviews Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to establish June 16, 1997, at 7:30 as the date for the Council's Board and Commission Subcommittee to interview applicants for Board and Commission vacancies. Motion carried, five ayes. Item 7-A On -Sale Intoxicating Liquor Application of Angus Music, Ltd. City Clerk Ahrens presented the staff report on the application of Angus Music, Ltd., for an on -sale and Sunday intoxicating liquor license at 605 North Highway 169, Suite 150. Regular Council Meeting May 28, 1997 Page 8 Mayor Tierney opened the public hearing at 7:18 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-315 APPROVING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR ANGUS MUSIC LTD., 605 NORTH HIGHWAY 169, SUITE 150. Motion carried, five ayes. Item 8-a (6 -EE) Ameridata Noise Wall Agreement Councilmember Spigner noted that all parties involved in the Ameridata noise wall issue have reached agreement. She reminded the Council of the June 1 deadline on this issue and suggested that the Council should act on the proposed agreement rather than tabling the issue as recommended by staff. Councilmember Johnson said that she had anticipated the Ameridata issue would be tabled, and she is not yet prepared to vote on the issue. In addition, Councilmember Black has indicated that she supports tabling of the item to the June 4 meeting when she will be in attendance. Councilmember Spigner explained that although she opposes the wall, she supports the agreement to resolve the issue. If the agreement is not approved by the June 1 deadline, she would support withdrawal of the City's $30,000 toward the wall construction. Councilmember Johnson asked if the exact cost of the proposed wall has been determined. Planning Supervisor Senness said the cost for the wall is $100,770, of which the City would pay $30,000 as would Ameridata. Mr. McCleary has agreed to pay the balance of the project cost. City Attorney Knutson arrived at 7:26 p.m. Councilmember Bildsoe said that he is against the City's contribution of 30,000, but will support the agreement to conclude the issue so the Council's attention can be devoted to other matters. He noted it has taken two years to reach this agreement. Regular Council Meeting May 28, 1997 Page 9 Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-316 APPROVING AGREEMENTS THAT WOULD ALLOW FOR CITY FINANCIAL PARTICIPATION IN CONSTRUCTION OF A NOISE WALL ON THE AMERIDATA SITE LOCATED AT 10200 51ST AVENUE NORTH (95015). Mayor Tierney said that she believes the City's tax increment involvement on this project makes the situation unique. Councilmember Spigner clarified that her reason for supporting the agreement is unrelated to the City's tax increment involvement. Motion carried, five ayes. Attorney Jim Steilen, 2400 IDS Center, represented Ameridata. He thanked the City for its involvement and said this is probably the best resolution that could have been achieved in a difficult situation. Mayor Tierney thanked Councilmember Black, prior Councilmember John Edson, and staff for their work on this issue. Item 8-b (6 -FF) Set Special Council Meeting Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to table the scheduling of a Special Council Meeting with School District 281 board and staff until June 4 when the full Council will be in attendance. Motion carried, five ayes. Item 8-c (6-L) Alden Ranisate, Fence Height Variance (97038) Councilmember Spigner asked for a staff report on the request of Alden Ranisate for a fence height variance at 1640 Oakview Lane North. She said that if revitalization of Highway 55 is considered, an eight foot fence may not be appropriate on property abutting the highway. Community Development Director Hurlburt showed photographs of the property and noted that the front of the property overlooks Highway 55. The proposed solid fence would replace the existing chain link fence in order to provide a noise barrier for the home. A variance would be needed to allow an eight foot fence in a front yard area. The Planning Commission has recommended approval of the request. She said that revitalization would typically relate to the commercial areas abutting the highway. Councilmember Johnson said that she will support the request. There is no transition to this residential property from Highway 55, and the owner is Regular Council Meeting May 28, 1997 Page 10 proposing to pay for installation of the wall to lessen a noise problem. The existing trees and bushes will screen the wall. Councilmember Spigner said that her concern is that this could encourage similar requests and many different colors and styles of eight -foot walls could be erected along Highway 55. She would prefer to table the issue until it can be researched further. Mayor Tierney asked staff to comment on whether approval of this request could set a precedent. Community Development Director Hurlburt responded that staff is seeing greater interest from residents in fencing that exceeds the six foot height limit. Many requests are made for reasons of privacy to separate the property from noise. She agrees that appearance is a concern. Staff has received complaints about the "continuous" walls along County Road 9. She believes this property is unique because the front yard directly abuts Highway 55, and the State noise standards are being exceeded in this yard. However, other property owners may wish to request the same thing. She said that newer developments abutting the highway are required to do more sound -proofing as a construction standard. Councilmember Bildsoe asked if staff has received other applications for fence variances along Highway 55. Director Hurlburt responded that she is aware of only this request. Councilmember Bildsoe said that he will support the request because the proximity to Highway 55 is unique. He suggested that perhaps a general discussion of the appearance along Highway 55 could take place later. Al Ranisate, 1640 Oakview Lane North, said that he has lived at this home for 37 years and traffic has increased substantially during that time. The State noise standards are being exceeded in his yard. The proposed fence will cost 6,000 to $7,000, and it will be constructed of treated wood. He planted 47 more trees in his yard this week. Councilmember Wold said he will support the request. Councilmember Spigner said there are many homes along Highway 55. While she appreciates that the homeowner wants to construct the fence, she would like this issue to be considered by the City Council Transitions Regular Council Meeting May 28, 1997 Page 11 Subcommittee. She is concerned about what Highway 55 will eventually look like. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to adopt RESOLUTION 97-317 APPROVING FENCE HEIGHT VARIANCE FOR ALDEN AND JEAN RANISATE FOR PROPERTY LOCATED AT 1640 OAKVIEW LANE NORTH (97038). Councilmember Wold said that he is willing to consider these issues on a case-by-case basis. The need in this situation is clear, and he would like to move forward with approval. Councilmember Johnson said that beautification of Highway 55 should be considered, but she believes that this property owner should be able to construct his fence as proposed. She does not believe the proposed fence will be detrimental to Highway 55. Motion carried: four ayes; Spigner nay. Item 8-A J & S Recycling Inc., aka Can -Do Recycling, 3435 Highway 169 (96048) City Manager Johnson said that concerns relating to J & S Recycling, Inc., aka Can -Do Recycling, 3435 Highway 169, were raised at the Forum on May 7. Legal action commenced by the City against the business on May 9 relating to Fire Code and zoning violations. The Public Safety department has also determined there are unlicensed vehicles on the premises. A court date of May 29 was set. It typically takes about three months to get through the process, with enforcement to follow. A meeting was held last week with Councilmember Spigner, staff, and concerned residents in attendance. Councilmember Spigner asked which issue Councilmember Wold wanted addressed when asking for a staff report on the J & S Recycling business. Councilmember Wold said that he had several questions when the issue was brought forward on May 7. His questions were answered in the staff report, and he is confident that the City is doing everything possible at this point to resolved the issue. Motion was made by Councilmember Spigner; seconded by Councilmember Bildsoe, to accept the status report on complaints regarding J & S Recycling Inc., aka Can -Do Recycling at 3435 Highway 169. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 12 Item 8-B Paul Hanson and Re/Max Results, Inc. (96177) Councilmember Bildsoe announced that he will be abstaining from the discussion and vote on this issue as he has a conflict of interest relating to Re/Max. Councilmember Johnson said that she previously worked at Re/Max; however, she no longer does so and there is no conflict of interest. Mayor Tierney noted that there are only four members eligible to vote on this request, and four votes are needed for approval. Community Development Director Hurlburt said that the Council cannot table this matter because of a statutory deadline. If the Council does not act tonight, the request will be approved as submitted, unless the applicant agrees to extension of the review time. Community Development Director Hurlburt described the request. The original application was to divide a 1.25 acre parcel into two lots. Each of the lots would exceed the City's minimum lot size requirement; however, a variance would be needed because the lots would not meet the 110 foot minimum lot width. There is a drainageway/creek running through the lot. The applicant proposed to relocate the drainageway into a pipe across the northern portion of the lot and return it to surface drainage near the southern portion of the lot in order to accommodate a building site on the new lot. According to the City's Storm Drainage Plan, a 42" pipe would be needed to handle the water flow. The applicant proposed a 24" pipe. The Planning Commission recommended approval of the request with a condition that a 42" pipe be installed, consistent with the staff recommendation. Following the Planning Commission meeting, the applicant submitted a revised plan to relocate the surface water drainage to the easterly side of the lot and to create a building site on the western side of the lot. This plan proposes no pipe and the drainage ditch would be relocated to flow around the home, occupying much of the front and side yards. The building pad would be narrowed, requiring the new home to be placed perpendicular with the garage facing the street. She showed pictures of the existing drainageway. Staff recommends approval of the variance with the requirement that a 42" pipe be installed. Councilmember Spigner said that she was informed that flooding problems on the two parcels across the street from this property had resulted in the City purchasing the lots for parkland. Regular Council Meeting May 28, 1997 Page 13 Park Director Blank was unaware of this. The property has been a park for at least 17 years. Paul Hansen, 10540 43rd Avenue North, said he has owned the property since 1949. The creek previously ran about 15 feet closer to his home than it does now. It was rerouted by the City when the park was created. Councilmember Spigner said this creek is piped under Highway 169 from New Hope. Each winter, a major bump exists on Highway 169 due to water problems from the pipe. She said that even with piping, there are problems with the existing drainage, and she does not favor adding another pipe to the system. A surface drainage plan may work better. Councilmember Wold asked if staff's objections to the open drainage plan relate to the development being different in character or to engineering concerns. Community Development Director Hurlburt said that the new lot would be mostly open drainage in the front and side yards. There will be times when a lot of water will flow through the lot. The City has had experience with other lots in the City where property owners demand that the City do something to control water to resolve drainage and erosion problems. An undesirable situation could be established. Councilmember Johnson asked for clarification on the applicant's current request. Community Development Director Hurlburt said that the applicant amended the original request by eliminating the pipe and rerouting the surface water drainage. The Planning Commission did not review the revised plan because it was submitted subsequent to their meeting. Given the time limit established under state law, the plan cannot now be referred to the Planning Commission for review. She said the Council could reject the plan, and the applicant could submit a new proposal. Councilmember Spigner asked what it would cost for the applicant to resubmit an application. Community Development Director Hurlburt said the application fee was $468, but this is a small part of the overall cost. Councilmember Spigner said that the applicant could also request that the deadline be extended. Regular Council Meeting May 28, 1997 Page 14 Councilmember Johnson asked what will occur if the applicant does not offer to extend the deadline, and the Council takes no action on the request. Community Development Director Hurlburt responded that if no action is taken by May 30, the revised pending application would be approved. She said that staff could have rejected the revised request and required the applicant to begin the process again with the new application. However, staff found that the lot division and variance requests were unchanged, and the only change related to drainage design issues. Staff did not feel this significantly changed the character of the request. Dave Cavanaugh, 2945 Pilgrim Lane, represented Re/Max Realty. He said the concept of a pipe was suggested by the City; not the applicant. Installation of a 42" pipe would be an imposition on the property owner. The pipe under 27' Avenue is only an 18" pipe, and the pipes on Kilmer Lane were recently changed to 18" and 12". He believes the revised proposal with surface water drainage makes the most sense. Mayor Tierney said she would be more comfortable waiting a week to consider the request. Councilmember Spigner said that this stream currently backs up into yards if the pipe is not kept clean, and she is concerned about the problems on Highway 169 relating to the piping of this stream. She said the stream is part of the overall area community, and she supports the open drainage plan with no further piping of the stream. The home will be more attractive with a stream running through the property. In response to a question from Councilmember Johnson, City Engineer Faulkner said that at the Planning Commission meeting, downstream residents expressed concerns about the volume of water. He said that the status quo would be maintained for the properties to the south. However, there are occasions when large volumes of water flows across this property. There is a potential for future erosion which the City may be asked to resolve. He said that a 42" pipe is needed to handle the amount of water that will flow through the property at times. Mayor Tierney noted that the existing drainageway has held well with respect to erosion. Regular Council Meeting May 28, 1997 Page 15 Councilmember Spigner said this is her neighborhood and she would like it to remain as natural as possible. She asked if a person purchasing a home abutting a natural creek could be asked to waive future City liability City Attorney Knutson said that legally the City could not enforce such a condition. Mr. Cavanaugh said that the original lot division and variance request cost the applicant about $500. The cost has now risen to about $3,000 due to the engineering fees. Councilmember Johnson said that if the applicant extends the deadline, there may be less of a chance that they will get approval for revised plan. City Manager Johnson said the Council could also declare that the revised plan is substantially changed and require a new application. Mr. Cavanaugh said the revised request was actually the original submission and changes were suggested by staff. Community Development Director Hurlburt said that changes are typically made to plans through the staff review process. The request for the lot division and variance has not changed; only the drainage plan has been amended. She said that if the Council is inclined to approve the revised plan, the resolution could be modified to eliminate references to the pipe. Councilmember Johnson asked for an explanation of the drainage concerns. Community Development Director Hurlburt explained that whether an open drainageway is allowed or a pipe is required impacts the character of what is built on the lot. The City has discretion in determining whether to grant a variance including the impact on the health, safety, and welfare, and fitting in with the neighborhood. There can be no new home without a variance. City Engineer Faulkner said that the drainageway would cover much of the front and side yard. Future owners may attempt to fill the drainageway or alter the landscape in order to have additional yard area. Also, future erosion problems could result. Mayor Tierney asked if a covenant could be placed on the new property to prohibit filling. Regular Council Meeting May 28, 1997 Page 16 Community Development Director Hurlburt said there is a condition in the resolution that a drainage easement be placed on the ditch area. City Attorney Knutson said the variance would be recorded against the title of the property so future owners will be legally noticed. Councilmember Spigner said there is no evidence that the soil has been tested, and it is unknown whether the soil is appropriate for home construction. Some of this property is wetlands. She asked if the soil conditions could be a future concern brought to the City. Director Hurlburt said that soil borings and bearing capacity are issues for the home builder. In some situations a home builder or buyer may have to remove and replace soil. It should not be an issue for the City, other than that the value of the lot may be less if soil problems exist. Mayor Tierney said that she would prefer further study of the drainage options. Engineer Faulkner said that further considerations could be made to mitigate the possibility of future erosion under an open drainage plan. It is difficult to determine tonight whether a retaining wall or other mitigation would be a cheaper alternative to the 42" pipe which is recommended. Councilmember Spigner said she prefers that this matter go back to the Planning Commission. There are many unanswered questions, and the Planning Commission has only reviewed the original plan with a 42" pipe. Paul Hanson said the area has clay soil which would help keep the drainageway in place without erosion. He said that under the open drainage plan, the new home would be six feet higher than the drainageway. The 42" pipe would cost about $20,000 to install across his site. Councilmember Johnson again advised the applicant that he is not guaranteed approval of his request if he agrees to a delay. Councilmember Spigner said she would appreciate additional time to consider the issue and for staff to consider alternatives to resolve the drainage concerns. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to hold a five minute recess. Motion carried, five ayes. Regular Council Meeting May 28, 1997 Page 17 Mr. Hansen said that he does not wish to approve an extension for consideration of his lot division and variance requests. He has already paid 2,768 for the print work to date, and he does not wish to incur further costs for plan revisions. Councilmember Johnson stated she would support the plan with the open drainageway. Director Hurlburt said this action can be accomplished by amending the resolution to change the date in Condition 1 from April 1 to May 1, deleting Conditions 6, 11, 13, 14, and 16, and modifying Condition 18a to read Compliance with the City Engineer's Memorandum, except for the storm sewer pipe." Councilmember Johnson asked if the staff would recommend that a retaining wall be constructed under the open drainageway plan. Director Hurlburt said that the resolution contains a condition that gives staff the authority to require necessary easements over the drainageway. Staff is unprepared this evening to recommend a retaining wall. When the applicant submits a final grading plan, staff could give advice on that. Engineer Faulkner said that a condition could be added to indicate that Prior to issuance of the building permit, the applicant shall work with the City Engineer regarding the final design of the drainageway for erosion control. " Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 97-318 APPROVING LOT DIVISION AND VARIANCES FOR PAUL HANSEN AND RE/MAX RESULTS, INC., FOR PROPERTY LOCATED AT 9705 27n AVENUE NORTH 96177) amending the date in Condition 1 from April 1 to May 1, deleting Conditions 6, 11, 13, 14, and 16; modifying Condition 18a to read "Compliance with the City Engineer's Memorandum except for the storm sewer pipe"; and adding a condition that "Prior to issuance of the building permit, the applicant shall work with the City Engineer regarding the final design of the drainageway for erosion control." Councilmembers Johnson and Spigner asked about the timing of the application and why the Council is acting on the item so near the deadline. Regular Council Meeting May 28, 1997 Page 18 Director Hurlburt said the application was complete on November 8, and the applicant granted a time extension. The item was considered by the Planning Commission on April 8 and delayed at the request of the applicant. Councilmember Spigner requested that the vote be held on the issue and that further discussion be held by the Council on the timing issues and deadlines at a future meeting. Motion carried, four ayes; Bildsoe abstained. Item 8-C Pedestrian Safety Improvements, Medina Road and County Road 101 City Engineer Faulkner said this. item was placed on the agenda at the request of Councilmember Bildsoe. Several years ago, the City asked the County to consider an all -way stop or traffic signal at Medina Road and County Road 101. Hennepin County considered the request and indicated that the warrants were not met. The City has now received a letter from the Greenwood Elementary School Principal requesting that the City consider safety improvements for the children walking to the school. There is additional traffic and a trail coming from the east to the intersection. There are no trails on the west side of County Road 101 or on Medina Road west of the intersection. Staff recommends that possible changes or additions be considered to the trail system for consideration by the City Council at a future meeting. Councilmember Bildsoe thanked the Greenwood Elementary Principal for his correspondence relaying concerns about the increased vehicle and pedestrian traffic at the intersection. He said that an accident history from 1990 through 1994 indicated no pattern of accidents at the intersection. Since that time, there has been a lot of construction on the east side of County Road 101 and the pedestrian traffic has increased to and from the school, as well as to the expanded park at Greenwood School. He said that traffic will significantly increase with the opening of the new high school later this year. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to direct staff to explore ways to improve the safety of pedestrians crossing County Road 101 near Medina Road, to include discussions with the Hennepin County Commissioners and the possibility of a signalized crosswalk at that intersection. Motion carried, five ayes. Item 8-E Student Members to the Human Rights Commission Assistant Manager Lueckert presented a proposed resolution to add four "at large" student members to the Human Rights Commission. The process will Regular Council Meeting May 28, 1997 Page 19 be opened to all students without regard to public/private/parochial or home school status and various means will be used to advertise the vacancies. Motion was made by Councilmember Spigner, seconded by Councilmember Wold, to adopt ORDINANCE 97-9 AMENDING CITY CODE SECTION 305.11 TO ALLOW STUDENT MEMBERS ON THE PLYMOUTH HUMAN RIGHTS COMMISSION, and RESOLUTION 97-319 APPROVING THE EXPANSION OF THE PLYMOUTH HUMAN RIGHTS COMMISSION TO INCLUDE "AT LARGE" STUDENT MEMBERS LIVING IN PLYMOUTH. Motion carried, five ayes. Item 8-F Establish Transitions Subcommittee Motion was made by Councilmember Spigner, seconded by Councilmember Wold, to establish a Transitions Subcommittee which would consider strategies to prevent, minimize or ameliorate conflicts between commercial/industrial and residential land uses throughout the City. Motion carried, five ayes. Mayor Tierney said that the Subcommittee could be a Committee of the Whole; however, she would not want to obligate all councilmembers. Councilmember Bildsoe said that he is interested in serving on the Subcommittee. Some of the issues discussed by this Subcommittee will be similar to those discussed by the Planning Commission. He is concerned that a Subcommittee consisting of the entire Council may dictate direction to the Planning Commission. Councilmember Spigner said that she had envisioned having a member of the Planning Commission serve on the Transitions Subcommittee. Councilmember Wold supported the concept of a smaller Subcommittee that includes Planning Commission representation. Councilmember Johnson agreed and added that the Subcommittee should not be ongoing because that is the role of the Planning Commission. Councilmember Spigner agreed it is the role of the Planning Commission; however, they unfortunately do not have time to work on issues such as transition. She believes that having a Planning Commission member on the Subcommittee will keep the work plan and efforts of the Council and Planning Commission separate. Regular Council Meeting May 28, 1997 Page 20 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to appoint Mayor Tierney; Councilmembers Spigner, Johnson, and Bildsoe; and one Planning Commission member to the Transitions Subcommittee. Motion carried, five ayes. Item 9-A Report of Activity Center Committee City Manager Johnson said that early in 1997, an Activity Center Committee was established consisting of Councilmembers Wold, Johnson, and Spigner, and three members of the Park and Recreation Advisory Commission. The need for an Activity Center was reaffirmed by the Committee. The uses of an Activity Center fall into three categories:. 1) a senior center primarily for use during the day on weekdays; 2) a facility for City recreation programs; and 3) a rental facility primarily used on weekend evenings. Mortenson Construction Company has provided a rough cost estimate of $3 million for the proposed facility. He said that some partnership opportunities have also been identified. LifeTime Fitness has expressed interest in moving their corporate offices to this site. The Wayzata School District has expressed interest in forming a Family Resource Center. If the Council chooses to proceed, the design work could be done this fall with groundbreaking near January 1. Construction must be coordinated with the existing LifeTime outdoor pool season. The Committee has taken careful note of the pending State tax reform legislation which may impose levy limits on the City and/or reduce the City's state aid which would have an impact on the City's ability to finance an Activity Center. There may be some benefit for the City to consider bonding for the project. Councilmember Wold, Chairperson of the Activity Center Committee, said that funding issues for the project cannot be pursued until state legislative action is certain. The Committee will be meeting again soon, and he invited the Mayor and Councilmembers who are not serving on the Committee to attend the next meeting of the Activity Center Committee. Councilmember Spigner thanked Councilmember Wold for his leadership and time spent on this effort. Mayor Tierney asked if the school district has made a specific request for a family resource center on this site. City Manager Johnson responded that the School District 284 staff has expressed interest in working with the City. Regular Council Meeting May 28, 1997 Page 21 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to accept the report of the Activity Center Committee. Motion carried, five ayes. Item 9-11 Consider Fund Raising Proposal for City Amphitheater Mayor Tierney explained that the Plymouth Civic League has extended an invitation to the City to turn over proceeds from a promotion event of a dunk tank at the 25' Anniversary of Music in Plymouth. These funds could be the catalyst to begin the funding raising effort for a permanent stage at the amphitheater site. Park Director Blank said that the amphitheater site was designed to accommodate multiple uses; however, no consideration has yet been given to construction of a permanent stage. Staff believes it is premature for the City to collect or receive funds for a project that has not been planned. He said that the Civic League could collect money and donate it to a specific project at some time in the future. Councilmember Bildsoe suggested that the Civic League could meet with the Activity Center Committee to discuss the possibility of permanent staging on the site. City Manager Johnson said the issue could be referred to either the Activity Center Committee or the City Center Subcommittee. Mayor Tierney said that safety of the dunk tank operation is also an issue to consider, as well as whether the City Council wishes to participate. Councilmember Spigner said that the project should be a Civic League effort. Individual members of the City Council can help or participate, but the event should be a Civic League effort. Mayor Tierney asked if the City could be inviting liability by participating in the event. City Attorney Knutson brought to Council's attention an injury incident that occurred in another community where a person fell out of a dunk tank. He said if individual members of the Council participated in a Civic League event that is not a City event, then the City would have no responsibility. Councilmember Johnson suggested that the Civic League be asked if an alternate fundraising event could be considered. Regular Council Meeting May 28, 1997 Page 22 City Attorney Knutson said there are safer forms of dunk tanks that could be considered. Mayor Tierney suggested that she and Councilmember Johnson explore options with the Civic League. Councilmember Johnson said that funds from an event could be held by the Civic League. If the City decides to pursue a stage or bandshell project in the future, the Civic League could donate toward the project. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adjourn the meeting at 9:50 p.m. Laurie Ahrens City Clerk