HomeMy WebLinkAboutCity Council Minutes 06-18-1997MINUTES
REGULAR COUNCIL MEETING
JUNE 18,1997
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 June 18, 1997.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Bildsoe, Wold,
Johnson, Preus, and Spigner.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, 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 spoke at the Forum.
Item 4 Cougar Sighting
Public Safety Director Gerdes said that a cougar has been sighted in the
Plymouth area at various times over the past year. It was most recently
sighted on June 13 in northeast Plymouth. He advised residents on what to do
if the animal is seen. The intent is to tranquilize and relocate the animal.
Item 5 Approve Agenda
Councilmember Bildsoe requested that an item be added to the agenda to
schedule a study session to discuss the ice arena/LifeTime project,
Shenandoah townhouse financing, and activity center.
Councilmember Preus requested that discussion of a possible reconsideration
of the Moen Leuer project on 36"' Avenue North be added to the agenda.
Councilmember Black requested that an item be added to the agenda to
schedule a study session on enforcement issues in the City.
Mayor Tierney requested an addition to the agenda of a report on the goose
program.
Motion was made by Councilmember Preus, seconded by Councilmember
Wold, to approve the agenda with the addition of the four items noted and
moving Item 8-E to 6-a. Motion carried, seven ayes.
Item 8-E Letter from Robert Sipkins
Councilmember Preus said that a letter received from Charter Commissioner
Robert Sipkins addresses the length of City Council meetings and the nature
of discussion at meetings. Mr. Sipkins addressed a specific meeting which
continued past 1 a.m., with the most important issues on the agenda handled
after 10 p.m. The City Council has a 10 p.m. adjournment time in order to get
Regular Council Meeting
June 18, 1997
Page 2
business done in a timely fashion, and he urged Councilmembers to keep that
in mind when considering items on the agenda. He suggested that there may
need to be more aggressive use of Roberts Rules of Order.
Councilmember Spigner asked if Councilmember Preus is suggesting that the
Council should limit the scope when considering issues or should just not
reiterate during discussion.
Councilmember Preus clarified that he is asking council members to consider
whether each issue warrants a particular amount of discussion and to get to the
point on each issue and move on to the next issue.
Councilmember Black said that she must leave this meeting no later than 10
p.m., and will not vote to extend the adjournment time.
Mayor Tierney said that this City Council has not held many special meetings
or study sessions. She explained that a year ago when a Moen Leuer project
was proposed, one special meeting was held on that issue alone. She said that
perhaps a special meeting should have been scheduled on the Moen Leuer
issue discussed at the last meeting in order to avoid a lengthy regular meeting.
Councilmember Wold said that at the last regular meeting the City Council
spent four hours on one issue and ultimately decided to do nothing. The
Council must act on issues and move on.
Item 6 Consent Agenda
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to approve the consent agenda with the removal of Items 6-J and 6-Y.
Motion carried, seven ayes.
Item 6-A Approve Minutes
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to approve the minutes of the May 28, 1997 regular council meeting.
Motion carried, seven ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-346 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING JUNE 6,1997. Motion carried, seven ayes.
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June 18, 1997
Page 3
Item 6-C Award Bid for City Newsletter/Recreation Booklet
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-347 AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO A CONTRACT WITH
NYSTROM PUBLISHING OF MAPLE GROVE IN THE NAME OF
THE CITY OF PLYMOUTH FOR THE PRINTING OF THE
PLYMOUTH CITY NEWSLETTER AND RECREATION BOOKLET
COMMENCING WITH THE JULY 1997 ISSUE AND RUNNING
THROUGH JULY 1999 IN ACCORDANCE WITH THE BIDS
SUBMITTED JUNE 9, 1997. Motion carried, seven ayes.
Item 6-D Renewal of 3.2 Liquor Licenses
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-348 APPROVAL OF ON -SALE AND
OFF -SALE 3.2 MALT LIQUOR LICENSES. Motion carried, seven ayes.
Item 6-E West Medicine Lake Community Club — 3.2 Liquor Renewal
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-349 APPROVING 3.2 MALT
LIQUOR LICENSE FOR WEST MEDICINE LAKE COMMUNITY
CLUB. Motion carried, seven ayes.
Item 6-F Appoint Individuals to fill Vacancies on Advisory Commissions
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-350 APPOINTING MEMBER TO
ENVIRONMENTAL COMMITTEE. Motion carried, seven ayes.
Item 6-G Site Plan Amendment and Variances for Erickson's New Market (97041)
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-351 APPROVING SITE PLAN
AMENDMENT AND TWO VARIANCES FOR KRAUS-ANDERSON
CONSTRUCTION COMPANY FOR ERICKSON'S NEW MARKET
ON PROPERTY LOCATED NORTH OF COUNTY ROAD 6 AND
WEST OF HIGHWAY 101 (97041). Motion carried, seven ayes.
Item 6-H Daniel and Katherine Erickson for Variances (97043)
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-352 APPROVING TWO VARIANCE
REQUESTS FOR DANIEL AND KATHERINE ERICKSON FOR
PROPERTY LOCATED AT 14655 13' AVENUE NORTH (97043).
Motion carried, seven ayes.
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June 18, 1997
Page 4
Item 6-I Russel and Lynette Drake for Variance (97044)
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-353 APPROVING VARIANCE
REQUEST FOR RUSSEL AND LYNETTE DRAKE FOR PROPERTY
LOCATED AT 12810 37TH AVENUE NORTH (97044). Motion carried,
seven ayes.
Item 64 Amend Development Contract for Deerwood Trails
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-354 APPROVING AMENDMENT TO
THE DEVELOPMENT CONTRACT FOR. DEERWOOD TRAILS
880176) TO ALLOW LOT 12 TO HAVE ACCESS FROM 48TH
AVENUE NORTH FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF EVERGREEN LANE NORTH AND 48TH
AVENUE NORTH. Motion carried, seven ayes.
Item 6-K Local Transit Levy Option
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to not exercise the local transit levy option for 1998. Motion carried,
seven ayes.
Item 6-L Support for North Hennepin Regional Trail Bonding Project
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-354 RESOLUTION IN SUPPORT OF
NORTH HENNEPIN REGIONAL TRAIL. Motion carried, seven ayes.
Item 6-M Ice Arena Change Order - Construction Management Agreement
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-355 APPROVING CHANGE ORDER
NO. 1 FOR CONSTRUCTION MANAGEMENT SERVICES. Motion
carried, seven ayes.
Item 6-N Encroachment Agreement for Deck (97082)
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-356 APPROVING
ENCROACHMENT AGREEMENT FOR DECK CONSTRUCTION AT
17440 34TH AVENUE NORTH (97082). Motion carried, seven ayes.
Item 6-0 Cooperative Agreement for Aquatics Programming
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-357 AUTHORIZING
COOPERATIVE AGREEMENT FOR AQUATICS PROGRAMMING.
Motion carried, seven ayes.
Regular Council Meeting
June 18, 1997
Page 5
Item 6-P Reduction in Required Financial Guarantee
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-358 REDUCING REQUIRED
FINANCIAL GUARANTEE - HOLLY CREEK 5TH ADDITION (96005).
Motion carried, seven ayes.
Item 6-Q Assessments for Parkers Lake Corporate Center 8`h Addition (96045)
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-359 ADOPTING ASSESSMENTS,
SANITARY SEWER AND WATER MAIN AREA CHARGES, CITY
PROJECT NO. 7016. Motion carried, seven ayes.
Item 6-R-1 Vacation of Easements in Savannah Addition
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-360 ORDERING PUBLIC HEARING
ON THE VACATION OF PART OF THE DRAINAGE AND UTILITY
EASEMENTS WITHIN LOTS 11 AND 12, BLOCK 1, SAVANNAH.
Motion carried, seven ayes.
Item 6-R-2 Vacation of Easements in Willow Grove Office Park First Addition
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-361 ORDERING PUBLIC HEARING
ON THE VACATION OF ALL DRAINAGE AND UTILITY
EASEMENTS WITHIN OUTLOT D, WILLOW GROVE OFFICE
PARK FIRST ADDITION. Motion carried, seven ayes.
Item 6-R-3 Vacation of part of West Medicine Lake Drive Right -of -Way
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-362 ORDERING PUBLIC HEARING
ON THE VACATION OF A PORTION OF WEST MEDICINE LAKE
DRIVE, WEST MEDICINE LAKE PARK RECONSTRUCTION, CITY
PROJECT NO. 3030. Motion carried, seven ayes.
Item 6-S Street Lighting, Holly Creek 4"' Addition and Holly Creek 5"' Addition
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-363 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, HOLLY CREEK 4' ADDITION. Motion carried, seven
ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-364 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, HOLLY CREEK 4TH
ADDITION. Motion carried, seven ayes.
Regular Council Meeting
June 18, 1997
Page 6
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-365 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING, HOLLY CREEK 5TH ADDITION. Motion carried, seven
ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-366 RECEIVING REPORT AND
ORDERING PROJECT, STREET LIGHTING, HOLLY CREEK 5TH
ADDITION. Motion carried, seven ayes.
Item 6-T Vicksburg Lane Street Reconstruction Project, City Project No. 7010
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-367 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
VICKSBURG LANE STREET RECONSTRUCTION PROJECT, CITY
PROJECT NO. 7010. Motion carried, seven ayes.
Item 6-U Special Assessments, Cimarron East Street Reconstruction, Project 7002
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-368 DECLARING COST TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT, CIMARRON EAST STREET RECONSTRUCTION
PROJECT, CITY PROJECT NO. 7002. Motion carried, seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-369 FOR HEARING ON PROPOSED
ASSESSMENT, CIMARRON EAST STREET RECONSTRUCTION
PROJECT, CITY PROJECT NO. 7002. Motion carried, seven ayes.
Item 6-V Approve Change Order for 1995 Trail Improvements, Project 417
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-370 APPROVING CHANGE ORDER
NO. 2, 1995 TRAIL IMPROVEMENTS, CITY PROJECT NO. 417.
Motion carried, seven ayes.
Item 6-W Ridgemount Avenue Street Reconstruction, Project No. 7004
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-371 ACCEPTING BIDS AND
AUTHORIZING THE CITY OF MINNETONKA TO ENTER IN A
CONTRACT, RIDGEMOUNT AVENUE IMPROVEMENTS, CITY
PROJECT, 7004. Motion carried, seven ayes.
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June 18, 1997
Page 7
Item 6-X Designating Consulting Engineers for Improvement Projects
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-372 ORDER PREPARATION OF
PRELIMINARY REPORT, ZACHARY LANE FROM 36TH AVENUE
TO COUNTY ROAD 10, CITY PROJECT NO. 5030. Motion carried,
seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-373 ORDER PREPARATION OF
PRELIMINARY REPORT, FERNDALE ROAD FROM COUNTY
ROAD 6 TO HIGHWAY 12, CITY PROJECT NO. 6007. Motion
carried, seven ayes.
Item 6-Z Preliminary Engineering Report, East Medicine Lake Blvd. Street
Reconstruction and Trail Improvements
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-377 RECEIVING REPORT AND
CALLING FOR HEARING ON IMPROVEMENTS, EAST MEDICINE
LAKE BOULEVARD FROM 36TH AVENUE TO MEDICINE RIDGE
ROAD, CITY PROJECT NO. 7006. Motion carried, seven ayes.
Item 6 -AA 1996 Comprehensive Annual Financial Report and Audit
Motion was made by Councilmember Spigner, seconded by Councilmember
Preus, to adopt RESOLUTION 97-378 ACCEPTING THE 1996
COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT.
Motion carried, seven ayes.
Item 7-A-1 Vacation of Easements within West Suburban Health Campus
Public Works Director Moore presented the staff report on the proposed
vacation of easements within West Suburban Health Campus.
Mayor Tierney opened the public hearing at 7:27 p.m. No one appeared, and
the hearing was closed.
Motion was made by Councilmember Preus, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-374 AUTHORIZING THE
VACATION OF DRAINAGE EASEMENT FOR PONDING, WEST
SUBURBAN HEALTH CAMPUS, RESOLUTION 97-375
AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY
EASEMENTS, WEST SUBURBAN HEALTH CAMPUS, and
RESOLUTION 97-376 AUTHORIZING THE VACATION OF
INTERSTATE HIGHWAY NO. 494 RIGHT-OF-WAY, WEST
SUBURBAN HEALTH CAMPUS. Motion carried, seven ayes.
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June 18, 1997
Page 8
Item 7-A-2 Vacation of Easement in Bass Lake Terrace Second Addition
Public Works Director Moore presented the staff report on the proposed
vacation of easements on Lot 37, Block 2, Bass Lake Terrace Second
Addition.
Mayor Tierney opened the public hearing at 7:29 p.m. No one appeared,
and the hearing was closed.
Motion was made by Councilmember Johnson, seconded by Councilmember
Preus, to adopt RESOLUTION 97-379 AUTHORIZING THE
VACATION OF PART OF A DRAINAGE EASEMENT FOR
PONDING PURPOSES AND PART OF A DRAINAGE AND UTILITY
EASEMENT, LOT 37, BLOCK 2, BASS LAKE TERRACE SECOND
ADDITION. Motion carried, seven ayes.
Item 7-B Hearing on Housing Improvement Area for Shenandoah Townhomes
HRA Supervisor Goldsmith presented the staff report on the request for
establishment of a Housing Improvement Area for the Shenandoah
Townhomes, Shenandoah First and Second Additions. He explained that the
hearing is being held in response to petitions signed by the owners of 102 of
the 219 homes in the Shenandoah Townhomes development to establish a
Housing Improvement Area to undertake residing and related work on their
homes under Minnesota Statute 428A. The buildings have become unsightly
due to deterioration of the plywood siding of the buildings. The
Homeowner Association has hired an architect to evaluate the condition of
the siding. The architect has recommended that the buildings be resided and
the remaining wood trim and doors be painted at an estimated cost of $1.4
million. The Homeowner Association has attempted to find private
financing for these improvements but has been unsuccessful to date. Under
Minnesota Statute 428A, a minimum of 25 percent of the homeowners in an
area can petition the City to create a Housing Improvement Area, and 35
percent of the homeowners can file an objection to prevent it from becoming
effective. Once created, the City can levy fees in the Area to pay for the
cost of specified housing improvements. The fees are collected the same as
property taxes. He recommended adoption of a revised ordinance
establishing a Housing Improvement Area for the Shenandoah Townhomes
and appointing area residents to serve on an advisory board. He also
recommended adoption of an alternate resolution which deletes the direction
to staff in the original resolution to pursue a loan guarantee or debt service
reserve as a preferred option. This effectively allows staff to equally pursue
all financing options before returning to the Council for final approval of the
method of financing. He said the ordinance would require annual audited
financial statements in a form, and from a firm, acceptable to the City.
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June 18, 1997
Page 9
Mayor Tierney opened the public hearing at 7:35 p.m.
Bud Greeley, 15620 27`' Avenue North, said he is the Vice President of the
Shenandoah Townhome Association. He said that the Shenandoah
Townhomes are an excellent source of affordable housing, which is very
limited in this area. He supports the staff recommendation.
Leslie Woolston, 2757 Upland Court, said that she lives in one of the
Shenandoah buildings that was constructed in 1971. She said there aren't
many people who can purchase a home at a young age and affordable
housing is needed in this area to serve a diversity of ages and income levels.
She attested to the amount of wear and tear in the townhomes and requested
City assistance on the project.
City Manager Johnson said that the proposed resolution would keep all
alternatives for City participation equally in consideration.
Councilmember Bildsoe clarified that this request is to establish an
improvement area and no decision will be made on financing tonight.
Housing Supervisor Goldsmith said that further Council approval would be
needed on the method of financing and the fees that would be assessed on
properties in the area.
Councilmember Bildsoe explained that he has requested a study session on
this issue because the financing options vary with respect to risk to the City.
The interests of the City and the Shenandoah residents need to be discussed.
Mayor Tierney closed the public hearing.
Motion was made by Councilmember Preus, seconded by Councilmember
Wold, to adopt RESOLUTION 97-380 TO ADOPT AN ORDINANCE
97-13) TO ESTABLISH A HOUSING IMPROVEMENT AREA FOR
THE SHENANDOAH TOWNHOMES, SHENANDOAH FIRST AND
SECOND ADDITIONS, DIRECT STAFF TO PURSUE CERTAIN
SPECIFIED FINANCING OPTIONS FOR THE AREA AND CREATE
AN ADVISORY BOARD FOR THE HOUSING IMPROVEMENT
AREA UNDER MINNESOTA STATUTES 428A. Motion carried, seven
ayes.
Item 8-A Plymouth Ponds Business Park Trash Enclosures (97029)
Community Development Director Hurlburt presented the staff report on the
request for a site plan amendment to allow three trash enclosures at
Plymouth Ponds Business Park, 3500 and 3586 Holly Lane. One of the
conditions of the original site plan approval was that all trash storage needed
Regular Council Meeting
June 18, 1997
Page 10
to be enclosed within the building. The site plan did not indicate any
exterior trash storage, nor the screening that would be needed in order to
allow exterior trash storage. A number of the tenants now have exterior
trash storage, and the developer has requested a revision to the site plan.
The Planning Commission has recommended denial of the request because
they believe that the original condition was reasonable and that the applicant
has not shown that the condition cannot be met. Residents spoke against the
request at the Planning Commission hearing. She said that if this request is
denied by the Council, the owner would be required to move the three trash
containers inside the building or action would be taken to enforce the
original condition.
Councilmember Spigner asked if there could be a compromise in this
situation since there is a problem for some tenants having trash inside of the
building.
Community Development Director Hurlburt said that only three tenants have
not complied with the condition. The developer may view this as a
compromise.
Councilmember Wold asked if the request could be approved to carry only
with the current tenant -- not with the building.
Director Hurlburt said yes.
In response to a question by Mayor Tierney, Director Hurlburt explained
that one of the tenants manufactures hearing aids and is regulated by the
FDA. A trash container inside the building may be unacceptable to the
FDA.
Councilmember Preus said there have been reports of trash on the site over
the past 18 months. He asked if these have been addressed.
Director Hurlburt said that those situations related to trailers used for
storage and pallets stacked behind the building. Typically, those items have
been corrected upon notice. Staff has not issued citations relating to these
trash enclosures since the request was pending.
Laurie Jones, 3430 Jewel Lane, said she lives across the street from
Buildings 1. and 2. She said the staff report indicates that all conditions of
the resolution have been adhered to with the exception of the outside storage
containers and the vegetation adjacent to the wetland and mitigation area.
She said the dock doors are still not in compliance with the original
resolution. The original approving resolution provided that there shall be
only 16 operable truck dock doors; however, there are currently 18 operable
dock doors. The condition relating to trash enclosures was in place before
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June 18, 1997
Page 11
tenants moved into Building 2, and the information should have been
communicated to the tenants. Ms. Jones said there are several pallets and
grills outside of the building, as well as six dumpsters. These dumpsters are
typically open and full of garbage at the end of the day. She said that the
developer has attempted to meet the obligations relating to planting adjacent
to the wetland area, but some of that is not completed.
Brad Moen, representing Moen Leuer, said he has worked hard with the
neighborhood over the last two years by planting extra trees, increasing the
height of the berm, planting a screening hedge, and paying for the bike path.
He has also agreed to plant more vegetation adjacent to the wetland area than
is shown on the approved plan, and has paid $12,000 to move the Star
Tribune tenant to a different building due to complaints of the neighborhood.
He said that one of the loading dock doors referenced by Ms. Jones accesses
a space used by cheerleaders. The planning for the original site plan focused
on things like environmental and traffic impacts, but not on trash enclosures.
He said that currently all but three of the 20 tenants comply with the trash
enclosure condition. Mr. Moen said that he was unaware that he could not
have a dumpster outside of an industrial building. He thought that he could
apply for an administrative permit in order to add a trash enclosure.
Councilmember Wold said the approving resolution may have a stipulation
that the trash enclosure would only be allowed for the current tenant and
would have to be removed when the tenant vacated.
Mr. Moen said he would be willing to comply with that condition, but may
need to return to the Council with a request for another tenant. He said that
in the situation of one tenant, there are no doors on the south side of the
building from which to remove trash. Another tenant has a potential FDA
problem, and a third tenant simply has no room for a trash container inside
the building. He believes these are all hardship cases and that requests
should be considered on a case-by-case basis.
Councilmember Black said the original condition for the approval of the
development is that the trash be enclosed.
Mr. Moen requested that the City Council meet with the tenants needing the
exterior enclosures if they question the need for the request.
Councilmember Bildsoe said that he resents the implication that the Council
should change something that it incorrectly approved on the original request.
He said this request for a site plan amendment is not a major change, but it
is an important issue that was originally agreed to by the developer, the
City, and the neighborhood.
Regular Council Meeting
June 18, 1997
Page 12
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to deny the Moen Leuer Construction request for site plan
amendment.
Councilmember Preus said that he will not support the motion. He feels the
developer is frustrated and is trying to satisfy the tenants. He believes the
change will help Plymouth businesses and will not harm anyone.
Councilmember Black said that from her professional experience, outside
trash enclosures tend to become a source of litter and unsightly over time.
While she has some sympathy for the tenants, it was the developer's
responsibility to notify the tenants of this condition in the original site plan
approval.
Councilmember Bildsoe said that he does not view this as an issue of litter,
but rather of living up to the original agreement.
Mayor Tierney asked staff whether an extension of the building could be
considered in order to screen the trash enclosures.
Community Development Director Hurlburt responded that the same issue
would be before the Council whether the enclosures were next to the
building or proposed some distance away from the building. Staff
encourages trash structures to be an integral part of the building. If that is
not possible, then an extension of the building is preferable to free-standing
trash structures.
Councilmember Johnson asked about maintenance of the trash structures and
whether the Council can expect similar future requests from other
developers.
Director Hurlburt said that maintenance of the trash structures is the
responsibility of the developer. If the maintenance suffers so that the trash
enclosure no longer provides screening or becomes a nuisance, it would be
an ordinance violation. She said that the City receives requests for the
addition of storage buildings on occasion. This request is somewhat unique
because the original site plan contained a condition that trash enclosures be
stored inside the building.
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Black, to call the question. Motion carried, seven ayes.
Motion failed: Black, Bildsoe, Spigner ayes; Wold, Johnson, Preus, and
Tierney nays.
Regular Council Meeting
June 18, 1997
Page 13
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION APPROVING SITE PLAN
AMENDMENT AND AN AMENDMENT TO RESOLUTION 95-362
FOR PLYMOUTH PONDS DEVELOPMENT FOR THREE TRASH
ENCLOSURES LOCATED AT THE NORTHWEST CORNER OF
COUNTY ROAD 24 AND MEDINA ROAD (97029).
Councilmember Spigner said that she would like assurance that approval of
this request will conclude the issue and that this will be the final request for
additional trash enclosures at this location.
Mayor Tierney said it is important that the trash enclosures be appropriately
maintained because they will be visible from some of the adjacent homes.
Mr. Moen promised that the trash enclosures will be appropriately
maintained.
Councilmember Johnson said that she would support the request for the
hearing aid manufacturer with the FDA concerns because there is a hardship
caused by government regulation. She does not support it for the other two
tenants because they could put the trash enclosure inside of the building.
Mr. Moen said that the two tenants have no space for an interior trash
enclosure.
Councilmember Bildsoe did not believe that the City should discriminate by
considering the situation a hardship for only one tenant. He believes that all
three tenants would consider hardship as the basis of their request.
Motion was made by Councilmember Wold, seconded by Councilmember
Spigner, to postpone the motion until the next Council meeting.
Councilmember Wold said he would like to postpone the issue to a time
certain but would like to have an opportunity to meet with the three
businesses.
Councilmember Spigner supported the motion. She would like to visit the
site and talk with the tenants to understand the need for the request.
Motion carried, seven ayes.
Item 8-B Request for Stop Signs at 34" and 32"d Avenues and Zircon Lane
Public Works Director Moore presented the staff report on the petition
requesting all -way stop signs at the intersection of 34' Avenue and Zircon
Lane and at the intersection of 32' Avenue and Zircon Lane. A traffic
Regular Council Meeting
June 18, 1997
Page 14
study conducted in the area indicated that the average traffic speed was 24
mph; the 85`' percentile traffic speed was at 29 mph. The 85' percentile
speed is typically used in establishing speed limits. About 3 percent of the
traffic is exceeding the speed limit of 30 mph. The streets are designed with
curves which discourages speeding traffic. Staff supports the all -way stop at
34`' Avenue because Zircon Lane and 34' Avenue are minor collectors.
Staff recommends denial of the all -way stop at 32' and Zircon. A marked
crosswalk is recommended near the park in this location.
Motion was made by Councilmember Spigner, seconded by Councilmember
Johnson, to adopt RESOLUTION 97-381 INSTALLATION OF "ALL -
WAY" STOP SIGNS, at 32" Avenue and Zircon Lane, and at 34'
Avenue and Zircon Lane.
Motion was made by Councilmember Black, seconded by Councilmember
Johnson, to call the question. Motion carried: six ayes; Tierney nay.
Motion carried, seven ayes.
Mayor Tierney invited Mr. Benkoske to address the issue.
Councilmember Preus said that he would like to hear from the resident;
however, it is out of order to do so because a motion to end debate has
carried.
Mayor Tierney said that Council debate on the issue is concluded, but that a
resident should be given an opportunity to speak.
Tom Benkoske, 3295 Zircon Lane North, said that he opposes the stop sign
installation at the intersection of 32' Avenue and Zircon Lane. There is not
excessive speeding on this street, and he does not understand what will be
accomplished with the stop sign installation. A stop sign makes it more
difficult for motorists to proceed through the area, and it could create a
dangerous situation by giving pedestrians a false sense of security crossing
near the tot lot. A stop sign will not ensure that motorists will stop.
Motion was made by Mayor Tierney, seconded by Councilmember Johnson,
to review the issue in one year.
Councilmember Johnson said that a petition supporting Mr. Benkoske's
position would be helpful.
Councilmember Preus said that Mr. Benkoske can also make a request at any
regular meeting Forum that the issue be considered.
Regular Council Meeting
June 18, 1997
Page 15
Motion failed, Johnson and Tierney ayes; Bildsoe, Wold, Preus, Black, and
Spigner nays.
Item 8-b-1 (6-Y) Reject Bids for West Medicine Lake Park, Phase III
Park Director Blank said that the West Medicine Lake Park project was
separated into three bidding packages. The first phase relocated West
Medicine Lake Blvd., and included construction of sidewalks and a large
parking lot. The second phase of the contract consisted of construction of
the pedestrian bridge, relocation of watermain, and beach dredging. The
majority of this work is completed. The phase III work consists of
construction of a parking lot, ice fishing access, four picnic shelters,
children's playground, sand volleyball area, basketball court, and grading.
The engineer's estimate for Phase III was about $280,000. Two bids were
received, with the lowest bid being $450,000. Staff believes the bids are
excessive and recommends rejection of all bids. This is not a great bidding
climate. The City has rejected bids twice on the Elm Creek shelter and
several bids on the ice arena project were rejected and later rebid.
Director Blank explained that the Capital Improvement Program allocated
650,000 toward this project from park dedication funds this year. An
amount of $200,000 has been expended to date. He said that if the bid is
rejected, the items will be repackaged and rebid in the next few weeks. The
plan is to complete the park by October. Some fall planting would be done,
with major planting in the spring. He said that information has been
distributed by someone in the West Medicine Lake Park neighborhood with
regard to this project, and staff has drafted a letter which will be mailed to
area residents. The letter indicates that the project is fully funded and plans
are to immediately proceed with the project.
Councilmember Johnson thanked staff for the letter. She said that area
residents need information on the status of the project and asked who would
receive the letter.
Director Blank said that the letter will be mailed to about 900 area
residences.
Councilmember Johnson said that some residents have expressed concern
that the park and beach will not be open this summer. She asked about the
timeline and whether the project is behind schedule.
Director Blank said that the no operating funds for this park or beach are
included in the 1997 budget. Fund for operation will be proposed in the
1998 budget. People are allowed to use the park until construction begins
when some security will be needed.
Regular Council Meeting
June 18, 1997
Page 16
Rob Odden, 2315 North Larch Lane, said that he is concerned about
information he received relating to delays in the park project. He said that
City mailings have indicated that the park would be completed in 1996. He
was frustrated with the road construction during the winter and spring, and
now there is a large parking lot in a park which cannot be used. Mr. Odden
said that the entire project has been poorly planned and carried out. He still
has questions about when the park will be completed.
Mark Reichel, 2320 Larch Lane, said that he also received information from
a neighborhood. He cited various Plymouth News articles which indicated
that the park would be open by 1996, ready for use in 1997, and
substantially completed in 1997. Mr. Reichel said this delay occurred
because the roadway was planned and constructed without the bridge. The
bridge had to be redesigned twice because it came in over budget, and it was
constructed 1'/2 years behind schedule. It is a concrete bridge, not a stone
bridge as originally promised. He said that the bidding climate will not
improve during the summer. His children bike to the other beach on
Medicine Lake or to Parkers Lake and this is dangerous. He said that many
promised items have been deleted from the project due to cost (stone bridge,
multi-level lakefront community building, ice skating/warming house,
fishing dock). The road work started in July 1995, and the park will
effectively be closed to residents for five summers. He encouraged the
Council to pay what is needed to complete the park as promised in a timely
fashion.
Park Director Blank said the original plan anticipated that the road would be
built in the first year. The road had to be surcharged due to 35 feet of peat
in some places, and the delay in the road project caused the rest of the
project to be delayed. The Phase II work was bid in January and has been
completed.
Councilmember Johnson asked if the project has been scaled back.
Park Director Blank said the fishing dock will be built through the DNR
Fishing Program, and the bridge design was changed in order to work within
the budget.
Councilmember Johnson said that there has been a difficult bidding climate,
and it is a goal to remain within the project budget.
Park Director Blank said that is the goal, but it may not be reached. He
earlier advised the Council that the project may need to be scaled back or
additional funds may be needed to complete the project.
Regular Council Meeting
June 18, 1997
Page 17
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to adopt RESOLUTION 97-382 REJECTING BIDS, AND
AUTHORIZING READVERTISING FOR BIDS WITH A MODIFIED
BID PACKAGE, WEST MEDICINE LAKE PARK IMPROVEMENT -
PHASE III, SITE IMPROVEMENTS, CITY PROJECT NO. 330.
Motion carried, seven ayes.
Item 8-b-2 (6-J) Amendment Development Contract for Deerwood Trails
Community Development Director Hurlburt presented the staff report on the
request to amend the Development Contract for Deerwood Trails to allow a
driveway access onto 48`' Avenue North for a single family home. A vacant
lot remains on 48`' Avenue which faces a cul-de-sac to the north. At the
time this area was platted, there was a proposal to extend Evergreen Lane
through to 48`' Avenue; however, it was not done. That left 48' Avenue as
a very long cul-de-sac street. In order to minimize the number of lots on
48`'' Avenue, there was a requirement in the development contract that the
two homes on the end of the cul-de-sac face Evergreen Lane, rather than 48`"
Avenue. One of these lots has been built on and the home faces Evergreen
Lane. All but one homeowner in the area are in favor of allowing the
remaining vacant lot to change orientation of the home. Staff has
recommended approval of the request.
Keith Husby, 4845 Evergreen Lane North, said his south property line abuts
the subject lot. When he purchased his home in 1990, he was informed that
the adjacent home would face Evergreen Lane North and the driveway
would access the Evergreen Lane cul-de-sac. It is his opinion that if the
home orientation is changed to face 48' Avenue, it would impact his
property value because the rear and side of the home would be visible from
the Evergreen Lane cul-de-sac rather than the front. Mr. Husby said that the
other home at Evergreen Lane and 48' Avenue faces Evergreen Lane. He
could support a driveway access to 48' Avenue, as long as the home on the
subject parcel faces Evergreen Lane.
Councilmember Spigner asked the reason for the request.
Director Hurlburt said that the person who is purchasing the vacant lot
prefers the home to face 48`'' Avenue, rather than Evergreen Lane. This is
an unusual situation of a double frontage lot. It has remained unsold for
some time because the potential buyers would prefer to face 48' Avenue.
She added that staff would not recommend having the house face one
direction with the driveway access another direction.
Councilmember Wold asked how this would affect assessments under the
Street Reconstruction Program.
Regular Council Meeting
June 18, 1997
Page 18
Director Moore said that the original streets were installed by the developer
so there were no special assessments. Any street reconstruction assessments
would be levied based on the direction of the driveway access. He said that
48`' Avenue needed substantial temporary work this spring, and he is unsure
of the condition of Evergreen Lane. It is likely that both streets would be in
the same assessment district.
Motion was made by Mayor Tierney, seconded by Councilmember Preus, to
adopt RESOLUTION 97-383 APPROVING AMENDMENT TO THE
DEVELOPMENT CONTRACT FOR DEERWOOD TRAILS (88016)
TO ALLOW LOT 12 TO HAVE ACCESS FROM 48... AVENUE
NORTH FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF EVERGREEN LANE NORTH AND 48'"" AVENUE
NORTH.
Councilmember Black said this is an unusual lot and either orientation would
work.
Mayor Tierney said she is familiar with this lot and it had been on the
market for some time. Landscaping of the front or back will be needed to
make it fit in either orientation.
Motion carried: Bildsoe, Wold, Preus, and Tierney ayes; Black, Johnson
and Spigner nays.
Mayor Tierney called a five-minute break.
Item 8-C Erosion Control Enforcement
Public Works Director Moore presented a report on erosion control efforts
and listed alternatives for enforcement. In response to a question by
Councilmember Spigner, he said that City projects are inspected under the
ordinance. It is somewhat difficult to enforce the ordinance on County and
State projects.
Councilmember Spigner asked if fines can be levied against the County or
State for violation of the erosion control ordinance.
City Attorney Knutson said that the courts have provided guidance in the
area of one governmental body exercising police powers over another
governmental body. There is little chance of enforcement against the federal
government. With respect to other governmental units, the courts balance
the needs of one jurisdiction with the needs of the other jurisdiction. It is
theoretically possible for the City to levy a fine against the County or State,
but it may not be upheld by a court.
Regular Council Meeting
June 18, 1997
Page 19
Councilmember Bildsoe suggested that it may be more efficient for the City
to install the erosion control and bill the county for the actual cost.
Public Works Director Moore said that this could be done, but the same
problem could exist in collecting the administrative fee or penalty. He
explained that when dealing with a county or state project, the City does not
have a signed contract and bond as it does with a private developer.
Councilmember Spigner suggested that Plymouth residents could approach
the Hennepin County Commissioners to ask them to adhere to the erosion
control ordinance on county projects.
Councilmember Wold said that the City has a good working relationship
with Hennepin County. He believes the City should work cooperatively
with the County, rather than trying to enforce action through a fine. The
City's desire is to get erosion control measures in place -- not successful
collection of fines.
Director Moore said that in general, the City received good cooperation
from Hennepin County on the County Road 9 project. They are currently
working on the sodding and it is difficult to have erosion fences in place
during the final grading.
Councilmember Black said this issue should be referred to the
Environmental Quality Committee because it fits well into the Surface Water
Management Plan discussions.
Motion was made by Councilmember Black, seconded by Councilmember
Wold, to refer the erosion control report and enforcement options to the
Environmental Quality Committee.
Tom Jes, 5055 Evergreen Lane, said that erosion control on City projects
should reflect the degree to which the City wants the erosion control
ordinance enforced on all projects. He said it is particularly important that
the ordinance be enforced in the spring and fall. He said there were
problems with the silt fence near the library site over the winter months. If
the City is not going to enforce the ordinance, then it should be repealed.
He believes that greater efforts should be made to protect wetlands rather
than working on sump pump enforcement.
Councilmember Wold said that the City has enforced the erosion control
ordinance since its adoption. He said that Mr. Jes has insinuated that
Councilmembers are not doing enough to enforce erosion control and that
they should be monitoring erosion control measures. Councilmember Wold
said that a City budget has been adopted which includes money to hire
people to do erosion control enforcement. It is not a Councilmember's job
Regular Council Meeting
June 18, 1997
Page 20
to inspect sites for erosion control enforcement. The Council has been
proactive in adopting and enforcing the ordinance, and in protecting the
environment.
Motion carried, seven ayes.
Item 8-D Request Proposals for Architectural Services for Activity Center
City Manager Johnson presented the recommendation of the Activity Center
Subcommittee. He said the Subcommittee has considered the new tax laws
and impact on financing, timelines, cost estimates, and possible uses of an
activity center. He does not believe that further work can be done to
evaluate whether to proceed with the project until the services of an architect
are retained.
Councilmember Preus asked if the architect will be able to determine
whether the site parking will be sufficient.
City Manager Johnson responded that evaluation of the parking will be a
joint effort of the Community Development staff and the architect.
Councilmember Black said that the Subcommittee is recommending that this
question would go to the voters as early as November 1997. She hopes that
the architectural work would provide the Council and citizens with a very
clear idea about the estimated cost and what is proposed in the center.
Councilmember Wold said he is chairperson of the Subcommittee. He said
that an estimated cost, proposed uses, and parking evaluation would be
included in the architect's work. The Subcommittee and Council needs this
information in order to decide whether to move forward with the project.
The project could be stopped at any time.
Motion was made by Councilmember Preus, seconded by Councilmember
Spigner, to direct staff to request proposals from architectural firms for
design of an Activity Center, to negotiate a contract which shall provide for
an optional termination after preliminary design is complete, and to submit
the proposed contract to the City Council for final approval.
Councilmember Preus thanked Councilmember Wold for his comment that
this decision has not been made. The Council needs information from an
architect in order to make a decision on whether to proceed or stop the
project.
Motion carried, seven ayes.
Regular Council Meeting
June 18, 1997
Page 21
Item 8-F Set Study Session
Motion was made by Councilmember Bildsoe, seconded by Councilmember
Spigner, to schedule a study session within the next 30 days on the following
issues: Discussion on ice arena/Lifetime project, Shenandoah townhouse
financing, proposed activity center, and West Medicine Lake Park.
Motion carried, seven ayes.
Motion was made by Councilmember Preus, seconded by Councilmember
Johnson, to set the study session for 7 p.m. on July 29. Motion carried,
seven ayes.
Item 8-G Reconsider Moen Leuer Approval
Councilmember Preus said it is his feeling that the action taken on June 4
with respect to the Moen Leuer project lacked flexibility for the City, the
developer, and the residents. He believes that other alternatives may be
possible to address the maximum 25 percent accessory use requirement in
the buildings. He suggested that the issue be reconsidered and deferred to
the next Council meeting to study other alternatives.
Motion was made by Councilmember Preus, seconded by Mayor Tierney, to
reconsider the action taken with regard to the Moen Leuer request on
June 4.
Mayor Tierney said she attended a business tour through the Twin West
Chamber of Commerce, and it was noted that the percentages of use types
change over time based on occupancy and tenants.
Councilmember Preus said that he would like to consider all possibilities,
not just changing the percentage of principal and accessory use. If nothing
better emerges, then the Council can retain the maximum 25 percent
accessory use requirement.
Councilmember Johnson said that she does not support the motion. If the
issue is reconsidered, she wants concerned residents included in the
discussion.
Councilmember Preus explained that if the motion for reconsideration
passes, then the issue would be referred to the next meeting so appropriate
notices can be mailed.
Councilmember Black said that she felt the decision made at the last meeting
was not particularly well-founded. However, she does not want to
reconsider the action already taken on the Moen Leuer development. The
Regular Council Meeting
June 18, 1997
Page 22
Council may face a similar issue in the future on another development and
the general issue could be worth additional discussion.
Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to
suspend the rules and extend the meeting to 10:05 p.m. Motion carried, seven ayes.
Manager Johnson said the Planning Commission has previously voted to
study this as a policy and to make a recommendation to the Council on the
entire issue of accessory use.
Motion failed: Preus and Wold ayes; Black, Spigner, Bildsoe, Johnson, and
Tierney nays.
Motion was made by Councilmember Black, seconded by Councilmember Preus, to
table the remaining agenda items to July 9. Motion carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to
adjourn the meeting at 10:05 p.m.
La ie Ahrens
City Clerk a