HomeMy WebLinkAboutCity Council Minutes 04-27-2004Adopted Minutes
Regular Council Meeting
April 27, 2004
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 27, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Black, Stein, Slavik, Hewitt,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Planning Manager Senness, Public
Works Director Faulkner, Public Services Manager Qvale, Finance Director Hahn, Park and
Recreation Director Blank, Police Chief Goldstein, Volunteer Coordinator Anderson, City
Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council).
Presentations and Public Information Announcements
4.01) Presentation of 2003 Volunteer Services Report
Volunteer Coordinator Anderson gave the annual Volunteer Services Report, and she noted that
last week was "National Volunteer Week." Certificates of Appreciation were then presented by
Mayor Johnson to a group of volunteers.
4.02) Proclaim "Kids Day America/International"
Taylor Hieb requested that the Mayor proclaim May 15 as "Kids Day America/Intemational."
She explained Four Seasons Chiropractic would be hosting an event for children and their
families on safety, crime, and drugs. The City's Police and Fire Departments would be making
presentations at this event. Mayor Johnson read the Proclamation.
4.03) Recognition of Citizen Academy Graduates
Police Chief Goldstein and the Council presented certificates to recent graduates of the Citizens
Academy.
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Regular Meeting of April 27, 2004
Page 2 of 11
4.04) Living Green Expo
Councilmember Black announced this year's Living Green Expo at the Education Building at the
State Fairgrounds on May 1 from 10:00 a.m. to 6:00 p.m.
4.05) Citizen Talk on April 29
Mayor Johnson announced Councilmember Bildsoe's "Citizen Talk" on April 29 at 7:00 p.m. at
the Plymouth Creek Center.
4.06) Announcement of History Fest on May 8
Park and Recreation Director Blank announced this year's History Fest on May 8 at 10:30 a.m.
Approval of Agenda
Councilmember Stein added an update on the maintenance of drainageway from Mission Hills
Park to 41st Avenue and a discussion of the intersection of Old Rockford Road and Zachary Lane
as Item No's. 9.2 and 9.3 respectively.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
approve the amended a egnda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Hewitt removed item No. 6.07, and it was placed under General Business as
item No. 8.05.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to
approve the amended Consent Agenda, which included the followingitems: ems:
6.01) Minutes from the Board of Appeal and Equalization Meeting of April 12 and Regular
Meeting of April 13.
6.02) Resolution Approving Disbursements for the Period ending April 16, 2004 (Res2004-
159).
6.03) Resolution Approving 2004 Amusement License for Gopher State Expositions Inc.
Res2004-160).
6.04) Resolution Designating Polling Location for City Precincts 2 and 4 (Res2004-161).
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Regular Meeting of April 27, 2004
Page 3 of 11
6.05) Resolution Approving Site Plan Amendment and Conditional Use Permit Amendment for
a Narthex Addition for Plymouth Covenant Church located at 4300 Vicksburg Lane North
2004020 — Res2004-162).
6.06) Resolution Approving a Final Plat and Development Contract for "Seven Greens 2"d
Addition" for Swan Development, LLC for Property located at the Northeast Corner of Schmidt
Lake Road and Vicksburg Lane (2003133F — Res2004-163).
6.07) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.08) Resolution Approving Conditional Use Permit Amendment for FMHC/T-Mobile to
Allow the Placement of Antennas and Related Equipment on the Adult Correctional Facility
Property located at 1145 Shenandoah Lane (2004015 — Res2004-164).
6.09) Ordinance Amending Chapter 21 of the City Code to Classify Certain Lane located South
of 34th Avenue between Plymouth Boulevard and Vicksburg Lane (2004016 — Ord2004-06),
Resolution Approving Findings of Fact for Rezoning of Property located South of 34th Avenue
between Plymouth Boulevard and Vicksburg Lane (2004016 — Res2004-165), and a Resolution
Approving a Site Plan and Variance for DJR Architecture, Inc. to allow Construction of an
Affinity Plus Federal Credit Union for Property located South of 34th Avenue between Plymouth
Boulevard and Vicksburg Lane (2004016 — Res2004-166).
6.10) Resolution Approving a Variance to allow a Side Yard Setback of 5.4 feet for Conversion
of a Garage to Living Space at 10106 South Shore Drive (2004017 — Res2004-167).
6.11) Acceptance of First Quarter 2004 Financial Report.
6.12) Resolution Approving Plymouth Creek Center and Millennium Garden 2005-2006 Rental
Rates (Res2004-168).
6.13) Resolution Selecting a Trail Project for 2004 (Res2004-169).
6.14) Resolution Approving 2004 Tobacco License for Spyglass Assoc., Inc. (Res2004-170).
6.15) Resolution Awarding Bids for Medicine Lake Water Quality Ponds Project (2037 —
Res2004-171).
6.16) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2004 Street Reconstruction Project (4102 — Res2004-172).
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Regular Meeting of April 27, 2004
Page 4 of 11
6.17) Resolution Awarding Contract for 2004 Street Reconstruction Project (4101 — Res2004-
173).
6.18) Resolution Approving Agreement with the Canadian Pacific Railroad for the
Construction of Trunk Watermain (3124 — Res2004-174).
6.19) Resolution Approving Final Lease of Financial Guarantee for Mission View Addition
94158 — Res2004-175).
6.20) Resolution Approving Change Order No. 1 for Parkers Lake Rock Weir project (6026 —
Res2004-176).
Councilmember Stein noted the proposed trail improvement on Nathan Lane (6.13).
Councilmember Slavik added that a trail for County Road 24 was also another option. Even
though that section wasn't selected for this year, she is hopeful that if the bids come in lower
than expected, that there could be the possibility that this segment could be added. Otherwise,
she hopes this segment could be reviewed next year.
Mayor Johnson noted the new polling location for Precincts 2 and 4 (6.04).
Regarding item No. 6.14, she encouraged the licensee to participate in the City's Best Practices
Program.
Councilmember Stein stated he was pleased that the bids for the construction of the Medicine
Lake water quality ponds came in lower than estimated (6.15).
The motion carried to approve the amended Consent Agenda.
Public Hearings
There were no public hearings).
General Business
8.05) Resolution Approving Interim Use Permit for DSU, Inc. for Grading to Create a
Berm on Property located East of County Road 101 at 54th Avenue North (2004014)
Planning Manager Senness reported on the request of DSU, Inc. (on behalf of Speak the Word
Church) for an Interim Use Permit for grading to create a berm on property located east of
County Road 101 at 54th Avenue North. She stated the applicant would move approximately
100,000 cubic yards of dirt from two locations on the site to create berms next to County Road
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Regular Meeting of April 27, 2004
Page 5 of 11
101. The newly created berms would be heavily landscaped with trees, shrubs, and perennials to
provide screening for adjacent uses should the site ever be developed in the future. The areas
from which the dirt would be extracted are areas the landowner assumes would be likely
locations for stormwater treatment ponds, should development of the site occur at an unspecified
date in the future. The subject property is outside the urban services area and therefore no
development may be approved. She stressed that nothing proposed on the property at this time
would obligate the City to adjust the urban services area in the future or to approve any specific
site layout.
John Uban, landscape architect representing DSU, Inc., spoke on behalf of Speak the Word
Church and illustrated the design of the proposed berm. He stated they have tried to create a
very nice perimeter to the property, and they have agreed, by the request of the Minnesota
Department of Transportation, to encumber the property to a much greater extent regarding the
sewer line. He stated they understand that the City would be making land decisions in this area
in the long-term fixture.
Councilmember Hewitt asked that in order for the sale of the adjacent property to occur, would
there need to be a berm on this property. Mr. Uban replied that is correct. He stated the general
requirements were in a certain height or ability to screen residential development to the west and
the highway. They have requested a berm that would be landscaped a year later. He stated they
desire to present a proposal to the City in the future, when it's appropriate, for future
development of this property.
Councilmember Hewitt stated this property is in the Elm Creek Watershed District, and she
asked if any of the grading would have any impacts on Elm Creek. She also asked what has been
proposed to secure the wetlands. Mr. Uban replied there has been an environmental focus on this
property. He explained the Wild Meadows development would be developed with a special
interest in retaining storm water onsite by utilizing infiltration techniques. It's their desire to also
use these methods. He stated there could be the possibility that one of the wetlands could have
minimal impact, but that would be mitigated. He stated the wetlands to the north wouldn't be
impacted, and no fill would be hauled onto the site for grading.
Councilmember Slavik requested that there be language added to the Resolution that the City
wouldn't be responsible for the costs of removing any of the landscaping/trees in the future.
Councilmember Hewitt asked that with the Interim Use Permit, does that mean if or when they
build, could it be changed at that time. Planning Manager Senness replied that there are no
guarantees that the berm would be acceptable in the future. She stressed that this is just an
interim situation.
Mr. Uban stated they are working with the County, and there are only certain points where they
would only be allowed access to Highway 101, and they are incorporating those areas.
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Regular Meeting of April 27, 2004
Page 6 of 11
As suggested by Councilmember Slavik, City Attorney Knutson read the following language that
could be added as a condition to the Resolution, "Development of the property may require
removal of the berm and landscaping at the property owner's expense."
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt
the addition of the above language added as a condition.
Councilmember Hewitt stated she is very hesitant in supporting this request, as a berm would be
constructed without a development. However, she realizes that the request satisfies the Zoning
Ordinance requirements.
Councilmember Black agreed that she also uncomfortable in supporting this as she feels this is a
prelude to the development of the property.
There being no further discussion and with all members voting in favor, the motion carried
8.1) Update on I-394 MNPass Project
Lee Munich, with the Humphrey Institute, discussed the MnPass System Concept for 1-394. He
spoke of the I-394 Express Lanes Community Task Force that is a 22 -person group of leaders
and citizens appointed by Lt. Governor Molnau. He stated with express lanes, solo drivers are
given the option of paying a user fee to use an uncongested hot lane, and buses and carpools use
the express lane for free. He stated the dynamic pricing prevents express lane from becoming
congested. He stated the operation of the system is based upon the use of electronic collection
tags (transponders) and overhead readers. He stated the MNPass would improve efficiency of I-
394, maintain free flow speeds for transit and carpools, improve highway and transit in corridor
with revenues generated, use an electronic toll collection, and employ new Intelligent
Transportation System technologies such as dynamic pricing and in -vehicle electronic
enforcement. The revenues derived from the system would first be used to pay the cost of the
project infrastructure, administration, maintenance, and operations. After that, 50% of the
revenue would be used for transit improvements, and 50% would be used for corridor
improvements. He stressed that all improvements must be made in the I-394 area. He stated
there would be two phases to the new system, and the Minnesota Department of Transportation
would begin the design process in 2005, and the goal is to have the new system operational in
2006.
Councilmember Bildsoe asked how much traffic would be diverted to the new lane. Mr. Munich
replied it would have the capacity of 3,000 cars per hour during peak hours.
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Regular Meeting of April 27, 2004
Page 7 of 11
Councilmember Black noted that 50% of the funds would be allocated towards transit, and she
asked if there has been any consideration about Plymouth's opt out system versus the Metro
Transit System. Mr. Munich stated this would be discussed.
8.2) Appointment to Plymouth Advisory Committee on Transit
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt to adopt
a Resolution Appointing Terry Bliss to the Plymouth Advisory Committee on Transit (Res2004-
178. With all members voting in favor, the motion carried.
8.3) Appointment to Housing and Redevelopment Authority
Mayor Johnson stated that she would be appointing James Kovach to the Housing and
Redevelopment Authority for a term to expire January 31, 2005.
Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to adopt
a Resolution Confirming Appointment of James Kovach to the Housing and Redevelo ment
Authority (Res2004-179). With all members voting in favor, the motion carried.
8.4) Conceptual Design of the County Road 73 and Highway 55 Plymouth Metrolink Park
and Ride (3125)
Public Services Manager Qvale reported this item was tabled at the April 13 Council meeting,
and since that meeting, staff has reviewed the access of this site and how it relates to the
proposed future realignment of County Road 73. She stated the proposed realignment wouldn't
negatively impact the traffic flow for the transit hub facility.
She stated another issue that was discussed at the April 13 meeting was whether this site should
be a hub or a park and ride facility. She illustrated the bus routes that currently transfer on the I-
394 corridor, and she stated they would be relocated to this site. The City would receive the
revenue for those fares, rather than it going to the Minnesota Department of Transportation
MN/DOT), which is approximately $130,000 in additional revenue per year. She stated she is
very confident that the increase in fares would cover the costs of the maintenance of the facility.
She announced that she has received a verbal commitment from MN/DOT that they would
commit an additional $500,000 in State Bond Accelerated Funding. Therefore, the City's cost
towards this project would be approximately $85,000.
Mayor Johnson and Councilmember Slavik requested that the Resolution be amended to include
a condition that approval of this site would be contingent upon receiving $500,000 in State Bond
Accelerated Funding.
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Regular Meeting of April 27, 2004
Page S of 11
JoAnn Olson, architect, discussed how they determined the potential use of the hub as well as the
additional parking capacity.
Councilmember Bildsoe asked if the current site isn't being utilized at maximum capacity, what
would encourage riders to drive to this facility. Ms. Olson replied this site would provide a safe
and easier site to access.
Public Services Manager Qvale stated the projected revenue is based on the current ridership.
She cautioned the Council to not underestimate what a covered facility would do for the system.
She also spoke of the opportunity to construct a water quality pond on site.
Councilmember Bildsoe asked what type of impact would there be on the Met Transit system in
losing riders on I-394. Consultant Bentley replied stated the impact would be minimal,
approximately 250 riders per day.
Councilmember Stein asked if the City has buses currently to accommodate the additional riders.
Consultant Bentley replied yes and/or with the additional of buses in the future.
Motion was made by Mayor Johnson, and seconded by Councilmember Neset, to adopt a
Resolution Approving the County Road 73 and Trunk Highway 55 Park and Ride Structure
Concept Design and Proceed with the Public Process and the MN/DOT and National Transit
Database Funding Agreements (3125 — Res2004-180).
Councilmember Bildsoe asked about the operational costs for this facility. Planning Manager
Senness stated that information would be provided in the future with the Site Plan process for the
site.
Councilmember Bildsoe asked what would occur if the opt out system would no longer exist,
would it be incorporated into the Met Transit system. Public Services Manager Qvale replied
she is unsure.
Jim Lasher, from LSA Design, Inc., stated there would be a detailed operational and revenue
analysis in the future. He stated the goal is to start construction in October and be operational in
June 2005.
Councilmember Bildsoe asked how much the City has currently spent on this project. Mr.
Lusher replied the City has spent $40,000 for the grant application process.
Public Services Manager Qvale stated there would be a public process prior to awarding the bid
and/or accepting the grant. She stated the adjacent neighborhood would be notified if the
conceptual design of the facility would be approved this evening.
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Regular Meeting of April 27, 2004
Page 9 of 11
The Council suggested that the language, "Without future City Council action, this project will
be approved contingent on the $500,000 State Bond Accelerated Funding" be added to the
Resolution as a condition.
Councilmember Stein stated that he would support this project, but he is disappointed that the
southwest comer (Kennedy site) couldn't have been redeveloped.
Councilmember Bildsoe stated he would support the project due to staff's management of the
transit system.
Councilmember Slavik stated she would support the project even though she is very interested in
hearing the input from the adjacent neighborhood. She stated she was also pleased that the City
would be receiving an additional $500,000 from MN/DOT.
Councilmember Hewitt echoed Councilmember Slavik's comments and stated that she would've
like to have seen more redevelopment with this project.
The council briefly discussed who would be notified of the public process notification. The
Council requested that staff provide a couple of options on the areas that could be notified of this
project in addition to the immediate County Road 73 corridor.
There being no further discussion and with all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Legislative Update
Mayor Johnson briefly updated the Council on stadium legislation and any impacts to the City
Councilmember Bildsoe requested an update on the Council's legislative priority list for the May
11 Council meeting.
9.2) 41" Avenue Drainage Ditch
Public Works Director Faulkner illustrated project No. 4101, the maintenance of a drainageway
from Mission Hills Park to 41" Avenue. He stated residents have expressed concerns regarding
removal of trees along the drainageway extending from the west edge of the pond in Mission
Hills Park west across 40th Avenue to 41" Avenue. He explained the drainageway is closely
parallel on the south side by a City trail. Both the drainageway and trail are within a series of
outlets owned by the City, and both sides of these outlets are lined by single-family residences.
He stated approximately two -third of the way from 40t11 Avenue to 41" Avenue the drainageway
discharges to a small backyard pond which then discharges back to the drainageway for the
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Regular Meeting of April 27, 2004
Page 10 of 11
remainder of the distance to 41" Avenue. He stated this drainageway had been identified as
requiring maintenance. With the 2004 street reconstruction project in the area, it provided a
good opportunity to more cost effectively clean out the drainageway. The City sent notification
to adjacent property owners on November 17, 2003 informing them that there would be drainage
maintenance work, which would require removal of trees. Staff marked the trees to be removed
from the channel as well as the trees that needed to be removed in order to allow access for
maintenance equipment. The majority of the trees were removed during the winter, with the
exception of a large willow tree west of 40th Avenue that was too large to remove at the time.
The drainageway, trail, and all trees removed are located on the City owned lots. The area
between Mission Hills park and 40th Avenue only required a small amount of tree removal. A
relatively small number of trees either blocked the drainageway or needed to be removed for
equipment access. The area between 40th Avenue and 41" Avenue required much more
extensive tree removal. The majority of the tree removal was for the installation of the pipe and
straightening of the channel or trees growing in the channel.
Mayor Johnson asked how staff has been communicating with the residents, and she questioned
if it would be beneficial for staff to meet with five residents who would serve as representatives
of the neighborhood. Public Works Director Faulkner stated that staff provides updates to the
residents as the project proceeds. He stated be believes there was some miscommunication that
the City planned to remove the remainder of the trees when there is only going to be
approximately five additional trees. He suggested that a copy of the staff report as well as a
letter explaining the situation be provided to the petitioners.
Councilmember Stein agrees that residents were upset with the number of trees that were
removed in the channel as well as the trees that needed to be removed in order to provide
equipment access. He stated the original letter stated that the City was going to remove and/or
trim trees. Now, residents have learned that the City would be straightening the channel, hauling
in equipment, etc. which just exasperates the situation. He stated in the future there would be
similar projects in other areas of the City, and he stated that there needs to be communication
with the residents affected. He agreed that the staff report should be sent to the petitioners, and
staff should try to work with the residents on the landscaping and not removing any more trees.
Councilmember Black agreed that there needs to be more up front communication with residents
for projects in order to avoid these types of situations.
Councilmember Neset requested that there be a plan to transplant trees that are good tree stock
over one story).
9.3) Intersection of Old Rockford Road and Zachary Lane
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Regular Meeting of April 27, 2004
Page 11 of 11
Councilmember Stein reported that recently there was a fatal accident at the intersection of Old
Rockford Road and Zachary Lane. Residents are questioning whether there could be
improvements made to this intersection.
Public Works Director Faulkner stated when Zachary Lane was reconstructed in 1998, this
intersection was somewhat problematic with the number of trees. The intersection did meet sight
distance standards at 40 mph. He stated staff would be reviewing this intersection again to
determine if there could be minor improvements to improve safety.
Councilmember Black stated she has also been contacted by residents regarding this intersection.
She stated that perhaps when the water plant is upgraded, improvements at this intersection could
be incorporated into that project. She requested that staff review the number and types of
accidents that have occurred at this intersection during the past few years.
Mayor Johnson encouraged Councilmembers to consider serving on the League of Minnesota
Cities Policy Membership Committee.
Adiournment
Mayor Johnson declared the meeting adjourned at 9:48 p.m.
andra R. Paulson, City Clerk