HomeMy WebLinkAboutCity Council Minutes 04-12-2005Adopted Minutes
Regular Council Meeting
April 12, 2005
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:07 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 12, 2005.
COUNCIL PRESENT: Mayor Johnson, Councilmembers'Willis, Hewitt, Slavik, Black, Bildsoe,
and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Finance Director Hahn, Park and Recreation Director Blank, Housing Manager Barnes,
Financial Analyst Kohn, Human Resources Director Sobania, Senior Coordinator Mittelstaedt,
Public Works Director Cote, City Engineer Quanbeck, Lieutenant Webb, City Attorney Knutson,
and City Clerk Paulson.
Plymouth Forum
There was no one wishing to address the Council).
Presentations and Public Information Announcements
4.01) Announcement of Human Rights Commission Essay Contest Winners
Ramona Scarpace, a member of the Human Rights Commission, announced this year's Human
Rights Commission essay contest winners. Mayor Johnson presented certificates to Samantha
Carter, Michaela Rice, Shruti Satish, and Beth Olson.
4.02) Presentation by the Plymouth Senior Council on Programming Activities and
5th
Anniversary Celebration at Plymouth Creek Center
Gene Kuehn, member of the Plymouth Senior Council, discussed the success of their
programming activities and statistics from the years 2000 to 2004.
4.03) Donation from Wayzata Hockey Association
Greg Gibson, President of Wayzata Hockey Association, along with the 2005 Junior Gold "A"
championship team, presented to the City a check in the amount of $100,000 for partial payment
for the third sheet of ice at the Ice Center.
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Regular Meeting of April 12, 2005
Page 2 of 11
4.04) Great Shingle Creek Watershed Cleanup Week
Councilmember Black reported on the annual Great Shingle Creek Watershed Cleanup on April
23 from 9:30 a.m.-11:00 a.m. along segments of Bass Creek from Bass Lake to Highway 169.
Mayor Johnson then proclaimed April 17-12 as "The Great Shingle Creek Watershed Cleanup
Week."
4.05) Introduction of Doran Cote, Public Works Director
Mayor Johnson introduced Doran Cote, the City's new Public Works Director
4.06) Announcement of "Our Drinking Water in 2005" Forum
Councilmember Black announced the forum that is being sponsored by the West Metro League
of Women Voters on "Our Drinking Water in 2005" on April 16 from 9:30 a.m.-11:30 a.m. at
the Plymouth Creek Center.
Approval of Agenda
Motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Mayor Johnson removed item No. 6.06, and it was placed under General Business as item No.
8.3.
Councilmember Willis removed item No. 6.15, and it was placed under General Business as item
No. 8.4.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to
approve the amended Consent Agenda, which included the following items:
6.01) Minutes of the Regular Meeting of March 29.
6.02) Resolution Approving Disbursements for the Period Ending April 1, 2005 (Res2005-
144).
6.03) Continue the proposed Comprehensive Plan Amendment and Sketch Review for
development at 10 Zachary Lane indefinitely.
6.04) Resolution Approving Garbage Hauler License for Lightning Disposal (Res2005-145).
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Regular Meeting of April 12, 2005
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6.05) Resolution Authorizing Execution and Delivery of TIHAP Pledge Agreement Relating to
City Tax Increment Financing District No. 7-6 (Res2005-146).
6.06) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.07) Resolution Awarding Contract for 2005 and 2006 Medicine Lake Curlyleaf Treatment
Program (4109 — Res2005-147).
6.08) Resolution Approving Change Order No. 1 for Lift Station Telemetry System Upgrades
3119 — Res2005-148).
6.09) Resolution Approving Change Order No. 2 for Well No's. 14 and 15 for Well Houses and
Pumping Facilities (3132 — Res2005-149).
6.10) Resolution Receiving Preliminary Engineering Report and Ordering Plans and
Specifications for the Revere Lane Project from 6a' Avenue to I Oth Avenue (4142 — Res2005-
150).
6.11) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2005 Temporary Overlay Project (5114 — Res2005-151).
6.12) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2005 Seal Coat Program (Res2005-152).
6.13) Ordinance Amending Chapter III of the Plymouth City Code concerning Special
Assessment (Ord2005-06).
6.14) Resolution Approving Final Payment to Ice Center Contractor (Res2005-153).
6.15) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
Motion carried to approve the amended Consent Agenda.
Public Hearings
There were no public hearings scheduled).
General Business
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Regular Meeting of April 12, 2005
Page 4 of 11
8.1) Rezoning of Property from FRD to RMF -1, and for Preliminary Plat, Site Plan, and
Conditional Use Permit for Residential Development (Perl Development — 2005001)
Community Development Director Hurlburt reported on the request of Sherwood Perl for
rezoning, preliminary plat, site plan, and Conditional Use Permit approval for a 43 -unit
townhouse development for property located at 3785 and 3855 County Road 101. She stated the
Planning Commission conducted their hearing on March 16, and they voted unanimously to
recommend approval of the project. She noted two primary concerns that were raised at the
hearing. The first issue was access to the property. She explained that 39th Avenue currently
ends in a cul-de-sac, but it would be extended to this development. She noted that the County
wouldn't allow direct access onto Highway 101; therefore, the primary access to this
development would be Medina Road with the secondary access consisting of 39th Avenue.
Adjacent residents were concerned on the impact on the existing cul-de-sac; however, that would
be minimal, as the majority of the traffic would use Medina Road.
She stated the second concern involved drainage. She illustrated the proposed pond that would
be connected to the Orchards of Plymouth pond that would eventually drain to a wetland. She
stated the residents of the Orchards of Plymouth are concerned that adding additional water to
their pond could add surface water flooding in their area. She stated the applicant's civil
engineer surveyed the elevation of the overflow for the existing pond and found that it's at least
two feet lower than the basement elevations of the homes in the area. The approving Resolution
requires the grading and drainage plan to be amended upon submission of the final plat, in order
to relocate catch basins farther north to intercept runoff before it reaches existing Walnut Grove
Lane. The catch basins would discharge to the water -quality pond to the north. With the
development, the rate of runoff from the site would not increase from existing conditions. She
added that the existing drainage swale that is located between the proposed pond and the
townhomes to the north is lower than the lowest floor elevations of the townhomes and would
intercept any groundwater flow before it reaches the townhomes.
City Engineer Quanbeck illustrated the existing drainage easement in the Orchards of Plymouth
development, and he noted that there haven't been any drainage problems. He stated their pond
is designed to "bounce" and to spread out, and the drainage easement is for that use.
Councilmember Bildsoe asked about the maintenance of the pond in the Orchards of Plymouth.
City Engineer Quanbeck stated that staff has begun the inventory of the ponds, and this pond is
currently subject to the maintenance agreement, unless a resident in that development petitions to
dissolve the agreement so the City could assume the maintenance. He noted that staff has
cleaned out some vegetation surrounding the holding pond and pipes. He stated the applicant of
this proposed development would be required to have erosion control within the proposed
development before it flows to the Orchards of Plymouth's pond.
City Engineer Quanbeck illustrated the grading plan for the proposed development.
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Regular Meeting of April 12, 2005
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Mayor Johnson asked if it's the County's right to disallow direct access to County Road 101.
Community Development Director Hurlburt replied yes, and they have stated their reasons. Staff
does agree technically, that there needs to be separations on this roadway. She explained.when
property is redeveloped, the County has the right to state whether there can be access to a County
road.
Mayor Johnson asked if staff anticipates the left turn out of the development onto Medina Road
problematic. Community Development Director Hurlburt replied that exit provides an
opportunity for traffic control versus exiting out onto Highway 101. She acknowledged that
ideally, it would be better to have that road being located further to the west, and perhaps that
could be considered in the future when the adjacent property is ever redeveloped.
Mayor Johnson asked if it's absolutely necessary for the second access into the development on
39th Avenue. Community Development Director Hurlburt replied the point of destination for the
majority of this development's traffic would be Medina Road, County Road 101, and Highway
55. The existing route for the 39th Avenue residents, which is to use 39th Avenue to access
Medina Road, would still be the best option as it would take less time than to travel through the
proposed development. She stated the way the proposed development is laid out, there wouldn't
be much opportunity for cut -through traffic. This also creates a more efficient roadway network,
which would be a continuous route through the neighborhood, especially for the plowing of the
streets.
Councilmember Slavik stated she is concerned with the access off Medina Road due to the traffic
at the school throughout the day, as well as the adjacent church's traffic. She asked if staffbas
considered the traffic impacts from the school and church. Community Development Director
Hurlburt replied that staff doesn't feel the impact of 43 townhomes is that great. She
acknowledged that certain times of the day there could be heavier traffic in the area.
Councilmember Slavik asked about the four private drives that are proposed within this
development, and if other options, i.e. realigning the townhomes so they have direct access off
Queensland, have been considered. Community Development Director Hurlburt replied that it's
very common for townhomes to be constructed on short private drives. She stated that the
standard requires that if it's a private drive, it can't have the appearance of a public street. She
noted the length of these drives has been adjusted so they are smaller. She stated staff feels there
is going to be very little perception that these are going to be public streets, as they have been
minimized. She stated regarding realigning the townhomes so they have direct access off
Queensland, she's unsure if Queensland would be wide enough as the road might have been
moved to the east.
Mayor Johnson voiced her concern on maintenance issues that could occur in the future with
private drives.
A discussion was held on guest parking within the development, and Community Development
Director illustrated the locations for off-street parking for guests.
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Regular Meeting of April 12, 2005
Page 6 of 11
Verne Palmberg, 18140 39t" Avenue North, President of Walnut Grove Homeowners
Association, stated they have no objection to the proposed development, but their only objection
is eliminating the cul-de-sac at 39th Avenue.
Martha Scomy, 18215 39th Avenue North, agreed with Mr. Palmberg that they don't want the
cul-de-sac removed. She stated she has concerns regarding increased traffic flow, as there is a
potential for criminal activity. She stated she is also concerned about the loss of green space.
Elaine Johnson, 17930 39th Place North, stated since their development was constructed, their
pond has encroached at least six to eight feet. She asked what the recourse is for residents at the
Orchards of Plymouth if there is flooding. She stated the sump pumps in the development are
operating 24 hours a day. She stated that they aren't opposed to the proposed development, but
it creates a serious drainage issue for them.
Ken Edstrom, 18005 39th Place North, stated his house is just north of the new pond in the Perl
Development. He stated he has seen the amount of water that this new development generates,
and that amount would be multiplied once the streets and homes are constructed. He stated he is
very concerned on how the ponds would operate.
Barry Altman, 18120 39th Avenue North, stated he is concerned that eliminating the cul-de-sac
on 39th Avenue would create an awkward traffic flow. He agreed that his development wouldn't
exit through the proposed development to Medina Road, and the proposed development wouldn't
exit through their development to Medina Road. Therefore, he suggested that in order to have a
secondary access for emergency purposes for the proposed development, that there just be a
grass/dirt access to 39th Avenue.
Marty Campien, from Otto Associates, representing the developer, stated they have been
working with the City, and they have made modifications. He stated they understand and
appreciate the adjacent neighbors' concerns. He stated they intend to be a good neighbor
through this process and into the future. He stated their calculations indicate that the existing
rate of flow within their development would be maintained in a post development situation. He
stated by connecting the two discharge points, they don't anticipate any backup of discharge.
At the request of Mayor Johnson, staff began to address the questions raised.
Community Development Director Hurlburt discussed the erosion control plan that would be
prior to construction. She explained that the silt fences would define the limits of grading, and
staff verifies those measures to make sure the plan is being followed.
Regarding the concern on the loss of green space, Community Development Director Hurlburt
stated the Comprehensive Plan doesn't indicate that there would be a public park in this location.
She noted that options are limited as it is private property. She stated that this land isn't
currently in a natural state as it has been impacted by human activity.
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Regular Meeting of April 12, 2005
Page 7 of 11
City Engineer Quanbeck discussed the issue of the pond in the Orchards of Plymouth eroding six
to eight feet. He showed photos of the area and where the drainage easements are located in
close proximity to some of the existing housing units. However, in reviewing the maps and
plans of the area, there was no evidence that the pond is encroaching.
Community Development Director Hurlburt stated regarding the suggestion not extending the
cul-de-sac on 39th Avenue but having a grass/dirt emergency route, that would be an option, and
the plan would need to be redesigned. Staff would still like to see if another access to Medina
Road could be developed for these units.
Mayor Johnson stated that the proposed sidewalk on Queensland in the development would not
be a trail, but rather a sidewalk that would need to be privately maintained.
Councilmember Hewitt stated she doesn't support eliminating the cul-de-sac on 39th Avenue.
She stated that she isn't a supporter of private drives within a development due to future
maintenance issues. She stated regarding the drainage issues, she isn't comfortable with this
development draining into the Orchards of Plymouth's pond due to that pond being in such close
proximity to some of the housing units. She stated the Queensland access to Medina Road just
creates another hazard, and this wouldn't align with the church's access.
Councilmember Bildsoe requested further clarification from Councilmember Hewitt on her view
of private drives, as there would be future developments where private drives would be
proposed.
Councilmember Hewitt stated that her preference would be that there wouldn't be private drives
in any development, as it becomes a maintenance issue for the associations in the future.
Councilmember Bildsoe stated this is an item that the homeowners' association boards should be
monitoring.
Councilmember Willis stated with respect to the drainage issue in the Orchards of Plymouth, the
issue of the pond encroaching further, is due to geographical issues. His feels that the Perl
Development shouldn't make that existing condition worse. Therefore, it isn't justified to tie the
problem of the Orchards of Plymouth to the Perl Development. He stated regarding eliminating
the cul-de-sac at 39th Avenue, he is unsure what would be the best solution or alternative. He
noted that future access to the Perl site could be adjusted if the property to the west is
redeveloped. He stated that the Perl Development could probably be approved without the
connection to the cul-de-sac on 39th Avenue, but that could create public safety access issues.
Mayor Johnson stated that she doesn't like the alignment of Queensland in the proposed
development. However, she would be interested in making the cul-de-sac on 39th Avenue an
emergency access only, as suggested by Mr. Altman. She stated she also isn't comfortable with
private drives, and she feels there could be other options with this development. She stated she
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Regular Meeting of April 12, 2005
Page 8 of 11
feels that off-street parking for this development could be an issue. Regarding the drainage issue
with the Orchards of Plymouth, she stressed that there needs to be extra measures in place. She
explained that in order to make some of these adjustments, the density might have to be
decreased.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik to direct
staff to prepare findings of fact for denial of the application for the April 26 Council Meeting.
Councilmember Stein suggested that the applicant provide a cul-de-sac that would keep the
developments separate. He stated he isn't concerned about private drives as there are many of
them in the community, and there would be more in the future. He noted that he is also
concerned about the drainage issues. However, he suggested that rather than denying the
application, it be tabled m order to g ve.the applicant additional time to addYess the Coancil's
concerns.
Councilmember Slavik stated in this particular case, the private drives wouldn't be a necessity in
order to make this development work. She stated some units could also be removed on the
northwest end to provide for a cul-de-sac for this development. She stated she also isn't satisfied
that her concerns on the drainage have been alleviated.
Councilmember Willis stated he wouldn't be supporting the motion. He noted that from an
engineering prospective, staff and/or consultants would be using and applying standards to
address the drainage concerns. He stated with respect to the cul-de-sac, if there would be a
consensus that an emergency connection between the two developments would work, he would
support that. He stated he isn't concerned about the private drives off Queensland. He also
suggested that this item be tabled rather than denying the application this evening.
Councilmember Black agreed that this item should be tabled rather than denying the application
this evening. She stated she is very sympathetic to the drainage issues, so she would like a few
more assurances. She indicated that she isn't concerned regarding the private drives as they
would be manageable. She stated that she could support a cul-de-sac on Queensland. However;
she would be concerned that the only access to Medina Road would be Queensland. She stated
that access to this property would always be problematic.
Councilmember Slavik stated the access to this development on Medina Road is across from the
church, and that access is used more frequently to access the school versus the actual entrance to
the school.
Councilmember Black stated that her concern is that neither one is a very good access.
Mayor Johnson requested that the private drive at the north end of the development be removed
as well as some of the units in order to create a cul-de-sac.
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Regular Meeting of April 12, 2005
Page 9 of 11
Councilmember Hewitt reiterated that the maintenance of the sidewalk on Queensland could be
problematic as there are no homes that abut the sidewalk.
A Substitute Motion was made by Councilmember Black, and seconded by Councilmember
Willis, to postpone action on this item to May 10. With all members voting in favor, the motion
carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
The Council took a 10 -minute break.
8.2) Zoning O.rdinance Te_xt Amendment to Change Allowable Uses in the C-1, C-2, and
C-4 Zoning Districts
Motion was made by Mayor Johnson, and seconded by Councilmember Stein, to schedule this
item as a Study Session item. With all members voting in favor, the motion carried.
8.3) Set Study Session for May 10 at 5:00 p.m. for the purpose of interviewing youth for
City boards and commissions
With all members voting in favor, the motion carried.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
schedule a Special Meetingonn May 10 at 5:00 p.m. for the purpose of interviewing_ youth for
City Boards and Commissions.
Councilmember Black stated that due to a change in her work schedule, it would be difficult for
her to attend any meetings prior to 6:00 p.m.
A Substitute Motion was made by Councilmember Hewitt, and seconded by Councilmember
Slavik, to change the meeting to May 3 at 7:00 p.m. With all members voting in favor, the
motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to add
discussing whether to expand mission of Plymouth Advisory Committee on Transit to include
transportation to the Mawagenda. With all members voting in favor, the motion carried.
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Regular Meeting of April 12, 2005
Page 10 of 11
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to add
item No. 8.2 on this evening's agenda to the MU 3 a egnda. With all members voting in favor,
the motion carried.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to amend
the start time of the MaSpecial Meeting to 6:30 p.m. With all members voting in favor, the
motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
schedule a Special Meeting on Mav 17 at 7:00 p.m. to discuss prosecution philosophy with
respect to City Attorney services, uses for the 10% gambling fund, and the use of bio -diesel.
With all members voting in favor, the motion carried.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to
schedule a Special Meeting on June 28 at 5:00 p.m. to discuss street reconstruction program and
Special Assessment Policy. With all members voting in favor, the motion carried.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to
schedule a Special Meeting on June 14 at 6:00 p.m. to discuss zoning amendments to allow
religious institutions in industrial districts. With all members voting in favor, the motion carried.
8.4) Resolution Establishing Revised Water and Sanitary Sewer Area and Connection.
Charges
Councilmember Willis requested that the Resolution be amended so that the sewer area charge is
880 per developable acre rather than the proposed $710, and for the residential equivalent
connection charge, $380 per dwelling unit or sewer availability charge, rather than $152.
Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a
Resolution Establishing Revised Water and Sanitary Sewer Area and Connection Charges with
the amended language as requested above (Res2005-154). With all members voting in favor, the
motion carried.
Reports and Staff Recommendations
9.1) Legislative Update
Councilmember Bildsoe provided a brief update on the median barrier legislation.
Councilmember Black provided an update on the zero depth pool legislation.
Councilmember Bildsoe stated the City would be reviewing options for metro mobility bus
service as funding is going to be eliminated. Councilmember Hewitt added the City could keep
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Regular Meeting of April 12, 2005
Page 11 of 11
metro mobility:bus service if there would be fixed routes. However, dial -a -ride has worked for
the City. She stated that this would be discussed more in the future.
Mayor Johnson reported on a meeting that she recently had with Governor Pawlenty, and that a
full report would be in the League of Minnesota Cities Bulletin.
Adiournment
Mayor Johnson declared the meeting adjourned apapproximately 10:10 p.m.
andra R. Paulson, City Clerk