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