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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. Regular Council Meeting 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. Regular Council Meeting 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. Regular Council Meeting 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. Regular Council Meeting 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. Regular Council Meeting 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 Regular Council Meeting 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