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HomeMy WebLinkAboutCity Council Minutes 02-25-2003Adopted Minutes Regular Council Meeting February 25, 2003 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 February 25, 2003. COUNCIL PRESENT: Mayor Johnson, Councihnembers Hewitt, Slavik, Black, Bildsoe, Neset, and Stein. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Police Chief Gerdes, Community Development Director Hurlburt, Public Works Director Faulkner, Park and Recreation Director Blank, Housing Manager Barnes, City Forester Buck, Park Superintendent Peterson, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Robert Schafer, from Cornerstone Commons, 17700 38a' Avenue North, stated there are only two exits onto County Road 101 for their development. He explained when exiting from 40s' Avenue, which is their main entrance, one can only turn right onto County Road 101. He stated they would like to request a four-way stop at Medina and Lawndale. They contacted the engineering staff, and a traffic study was completed on Medina Road, but it was difficult to obtain the best results due to County Road 101 being closed. Staff informed them that there would be another study this summer. He stated the trees at the intersection are not the problem, but it's the elevation of County Road 101 and the curving and widening. He stated removing the trees on the corner would not assist in improving the line of site, although currently with the snow covering the trees, there is a slight problem. He stated a four-way stop sign is needed at this intersection regardless of the trees. Public Works Director Faulkner stated that this intersection would be analyzed to determine if a four-way stop would be warranted. He explained this intersection is governed by the Uniform Manual of Traffic Controls, and the Neighborhood Traffic Calming Program is not applicable to this level of street which is a major collector. Ms. Schafer stated the correspondence that he has received from the City indicates that the homeowners association would be relocating some of the pine trees due to sight obstruction, but it doesn't mention that this intersection would be reviewed further. Councilmember Hewitt stated she has received telephone calls from residents from the other side of the neighborhood that oppose a stop sign. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to suspend the rules to add another five minutes to this presentation. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of February 25, 2003 Page 2 of 12 Roger Bond, 3790 Lawndale, explained that he was involved with a serious accident on December 3, 2001 as he approached this intersection. He agreed that the sight lines are difficult, and he would hate to see another accident at this intersection. Presentations and Public Information Announcements 4.01) Recognition of Chelsea Woods Townhome Association The Council recognized the Chelsea Woods Townhome Association for receiving the 2002 Association of the Year Award. Scott Gilbertson, Manager of the association, that the Council. Approval of Aeenda Councilmember Stein requested to add an update on the status of the property located at Highway 55 and Highway 169 as item No. 9.3 under Reports and Staff Recommendations. Councihnember Hewitt requested to add a report on the Legislative Community Meeting as item No. 9.4 under Reports and Staff Recommendations. Councilmember Slavik requested to add an update on proposed speed limits for County Road 101 as item No. 9.5 under Reports and Staff Recommendations. Councilmember Black requested to add the scheduling of future study sessions as item No. 9.6 under Reports and Staff Recommendations. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to approve the amended agenda. With all members voting in favor, the motion carried. Consent Aeenda Mayor Johnson asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Black requested to remove item No. 6.12 and place it under General Business as item No. 8.5. Councilmember Stein requested to remove item No. 6.08.2 and place it under General Business as item No. 8.6. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to approve the amended Consent Agenda, which included the following items: Adopted Council Minutes Regular Meeting of February 25, 2003 Page 3 of 12 6.01) Regular and Special Council Meeting minutes of February 11. 6.02) Resolution Approving Disbursements for the Period ending February 14, 2003 (Res2003- 090). 6.03) Resolution Appointing a Council Coordinating Representative to the Plymouth Foundation (Res2003-091). 6.04) Resolution Approving a Comprehensive Plan Amendment to Reclassify the Segment of Hemlock Lane lying North of County Road 10 from an Arterial Roadway to a Local Street 2003001 — Res2003-092). 6.05) Resolution Approving Site Plan Amendment for Site Improvements and a Variance for an Expansion of a Legally Non -Conforming Loading Area at Armstrong High School located at 10635 36th Avenue North (2002160 — Res2003-093). 6.06) Resolution Approving a Conditional Use Permit for Mount Olivet Day Care at Mount Olivet Lutheran Church at 12235 Old Rockford Road (2002163 — Res2003-094). 6.07.1) Acceptance of 2002 Annual Report and 2003 Work Plan of the Youth Advisory Council. 6.07.2) Acceptance of 2002 Annual Report and 2003 Work Plan of the Planning Commission. 6.07.3) Acceptance of 2002 Annual Report and 2003 Work Plan for the Human Rights Commission. 6.07.4) Acceptance of 2002 Annual Report and 2003 Work Plan for the Environmental Quality Committee. 6.07.5) Acceptance of 2002 Annual Report and 2003 Work Plan for the Park and Recreation Advisory Commission. 6.08) Resolution Approving Park Projects for 2003 Construction (Res2003-095). 6.09) Resolution Amending Agreements between the City of Plymouth and Lifetime Fitness Res2003-096). 6.10) Ordinance Amending Section 2005.132 of the Plymouth City Code, authorizing the Consumption of Wine in the City of Plymouth Millenium Garden pursuant to Certain Conditions Ord2003-04). 6.11) Resolution Authorizing the Purchase of Five New Current Model Replacement Police Squad Cars (Res2003-097). Adopted Council Minutes Regular Meeting of February 25, 2003 Page 4 of 12 6.12) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.5). 6.13) Resolution Authorizing Payment of Dues to the Northwest Suburban Chamber of Commerce (Res2003-098). 6.14) Approval of Consent to Termination of Declaration for Vicksburg Village. 6.15) Resolution Approving 2003 Municipal Recycling Grant Application and 2002 Municipal Recycling Final Report (Res2003-099). 6.16) Resolution Approving Change of Corporate Ownership for Elm Creek Golf Course, 18940 Highway 55 (Res2003-100). The motion carried to approve the Consent Agenda. Public Hearings 7.1) 2002 Weed Eradication and Destruction, Roll 2 Finance Director Hahn reported on the proposed assessments for 2003 weed eradication and destruction (Roll 2). Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Adopting Assessments for 2002 Weed Eradication and Destruction, Roll 2 Res2003-101). With all members voting in favor, the motion carried. 7.2) 2002 Removal and Destruction of Diseased Trees, Roll 2 Finance Director Hahn reported on the proposed assessments for 2002 removal and destruction of diseased trees (Roll 2). Mayor Johnson opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Res2003-102). With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of February 25, 2003 Page 5 of 12 7.3) Sale and Issuance of Variable Rate Multi -Family Housing Revenue Bonds for Parkside Apartments Housing Manager Barnes reported on the request for the City to issue an additional series of multi -family housing revenue refunding bonds in the principal amount of $9,165,000 to refinance the outstanding 1995 refunding bonds for Parkside Apartments. The 2003 refunding bonds would be issued as "seven day low floaters," where the interest rate would be reset to the market each week and would vary over the term of the bonds. He stressed all fees would be paid by the applicant, and there would be no financial obligation to the City. Mayor Johnson opened the public hearing for testimony. Paul Brewer, with Parkside II Limited Partnership, stated he would be happy to answer any questions. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to continue the matter for adoption of a resolution at the March 11 Council Meeting. With all members voting in favor, the motion carried. General Business 8.1) Reconsideration of action taken at the February 11 for the Denial of Variance Application of Michelle Brousseau, 3735 Wellington Lane North (2002145) Motion was made by Mayor Johnson, and seconded by Councilmember Black, to reconsider the action taken at the February 11, 2003 Council Meeting adopting a Resolution denying a Variance to the side yard setback for construction of an above grade cantilever addition eight feet to inches from the side property line for Michelle Brousseau for property located at 3735 Wellington Lane. She discussed the conditions of the proposed alternate resolution contained in the packet materials. Michelle Brousseau, 3735 Wellington Lane, thanked the Council and staff for their time and reconsideration. She believes this would be a compromise with her neighbor. David Bearman, 3725 Wellington Lane, stated they do support the new resolution incorporating the new conditions. A Substitute Motion was made by Mayor Johnson, and seconded by Councilmember Black, to adopt the alternate Resolution Approving a Variance to Side Yard Setback to allow Construction Adopted Council Minutes Regular Meeting of February 25, 2003 Page 6 of 12 of an Above -Grade Cantilever Addition eight feet four inches from the Side Property Line where the Zoning Ordinance requires 15 feet for Michelle Brousseau for Property located at 3735 Wellington Lane (2002145 — Res2003-103). With all members voting in favor, the motion carried. The Council voted on the main motion and with all members voting in favor, the motion carried. 8.2) Consideration of Site Plan, Conditional Use Permit for a 3,100 square foot Drive- Thru Restaurant, Variance for Drive -Aisle Setback, and a Sign Variance for Property located at 14370 28"' Place North (Wendy's International — 2002118) Community Development Director Hurlburt illustrated the proposed request of Wendy's International for a Wendy's drive-thru restaurant to be constructed at 14370 28"' Place North. She stated there was concern on the size of the menu board, and staff is currently reviewing this. She stated staff also studied the impact of traffic on Fernbrook Lane. She stated that New Dynasty currently leases the building, and they believe their lease would preclude this project. However, the status of their lease agreement is not part of the Council's consideration this evening. Christine Moss, from Landform, on behalf of Wendy's International, stated she would be happy to answer any questions. Steven Graffunder, representing New Dynasty, stated he was notified the summer of 2002 that Wendy's was interested in the site. However, if New Dynasty exercises their second option on their lease, they would be a tenant at this location until 2009. He stated under their current lease arrangement, Wendy's couldn't proceed with construction in 2003. He requested that the Council take into consideration the title of the property. City Attorney Knutson stated the lease is not part of the Council's consideration this evening. The Council needs to determine if the request meets the Zoning Ordinance standards. Councilmember Hewitt asked what traffic improvements would be proposed for this area. Public Works Director Faulkner replied the median would be closed on Fernbrook to prevent a left turn on Fernbrook travelling south. In addition, there would be an all -way stop sign at 28th and Fernbrook. Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt 2002118 — Res2003-104). With all members voting in favor, the motion carried. 8.3) Consideration of Preliminary Plat to be called "Woodview Heights" for property located at 4525 Zachary Lane North (Mark McFarland — 2002150) Community Development Director Hurlburt illustrated the proposed request for preliminary and final plat approval for Woodview Heights. She stated when the Planning Commission reviewed Adopted Council Minutes Regular Meeting of February 25, 2003 Page 7 of 12 the request, there was an issue on the placement of the trail. Previously, in order for Arrowood residents to access the trail on Zachary Lane, they would need to go north on Arrowood through the development. The Planning Commission recommended that the trail be placed on the northern edge of this property to access the trail on Zachary Lane. The second issue involved a condition in the Resolution that driveway accessing Zachary Lane be removed. She explained that the property currently has a driveway on Arrowood Lane. The applicant would be under no obligation to construct an additional driveway to the Zachary Lane side of the home. If the applicant would choose to construct an extension of the driveway, the City Forester has stated that there is ample room between the home and the trees to do so without requiring their removal. Because it is atypical for a resident to have access onto a higher volume street when a lower volume alternative exists, staff has indicated that a loss of access to Zachary Lane would not negatively impact the value of the property. Mark Ruechel, 4540 Arrowood Lane, noted that he would be in support of the placement of the proposed trail. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Preliminary and Final Plat for Mark McFarland, for "Woodview Heights," for Property located at 4525 Zachary Lane (2002150 — Res2002-105) with amending Condition No. 3 to state, "The existing driveway connection to Zachary may remain. No direct access shall be allowed to Zachary Lane for Lot 2." With all members voting in favor, the motion carried. Motion was made by Councilmember Slavik, and seconded by Councilmember Neset, to suspend the rules in order to discuss item No. 9.1 at this time. With all members voting in favor, the motion carried. 9.1) Report on Control of Buckthorn in City -Owned Spaces Park and Recreation Director Blank reported on staff's report on the management of buckthorn on public property throughout the City. Councilmember Slavik stated there is tremendous growth of buckthorn on the City's open spaces. She is concerned that the City has invested tax dollars to purchase these properties and has an obligation to maintain these properties, which includes the removal of buckthorn. Park and Recreation Director Blank stated education on buckthorn is one way the City could be proactive. He admitted that the Hartenburg property that the City purchased for open space was overgrown with buckthorn. Removal of buckthorn at this site is high priority. However, removal of buckthorn takes more than two growing seasons. City Forester Buck agreed that the City needs to educate the citizens on the need to remove buckthorn. Boy Scout Thomas McCullough, 16220 24`1' Avenue North, who has previously addressed the Council on the issue of buckthorn and garlic mustard, reiterated that they have taken their Adopted Council Minutes Regular Meeting of February 25, 2003 Page 8 of 12 educational project to the Plymouth Parade, Art Fair, and door-to-door. He stated they have learned that these weeds are in Maple Creek Park, and if the weeds aren't controlled, no new trees would grow and all the wildflowers would leave. He stated the majority of residents don't know what these weeds look like or how to remove them. Boy Scout Ben Millis, 2360 Yuma Lane North, added the majority of the residents don't understand that these weeds pose a big problem for the environment. Each plant can produce 1,000 seeds that can last up to seven years. Thomas McCullough suggested that the City post signs in the parks and trails on what residents can do, insert articles and photographs in the Plymouth News, and organize neighborhood watch groups and "round up days." Councilmember Black suggested that the Boy Scouts work with the Environmental Quality Committee for a booth at this year's Music in Plymouth. Councilmember Slavik suggested the City provide information on where to purchase the chemical to remove the weed. City Forester Buck stated that the City currently purchases the chemical in bulk. Hopefully, residents would have the opportunity to purchase smaller quantities in the near future. Councilmember Slavik asked if there would be any grant opportunities for the City's open space property. City Forester Buck stated smaller grants could be available for restoration, but the majority of the grant money is gone. Councilmember Slavik asked if there would be any volunteer opportunities for residents to assist in removing buckthorn from the City's open spaces. City Forester Buck stated the first phase in removing the weeds is very difficult due to the size of the plants. However, with the second phase, smaller plants could be removed simply by pulling them. Deb McCullough, 16220 24th Avenue North, stated the garlic mustard problem is just as severe as the buckthorn problem. Therefore, these weeds also need to be targeted. 8.4) Consideration of Weed Mowing Issues Park and Recreation Director Blank discussed his report on how to address weeds, mowing, tree removal, and related special assessment procedures. He explained the City's current weed ordinance and the standard procedure to inspect a property after a complaint has been filed with the City. If the property is in violation with the City's Ordinance, a written order is issued to the property owner ordering them to mow and/or cut the weeds within 15 days. If the work isn't performed, the City hires a contractor and the costs of the work are assessed to the property owner. He noted there have been concerns from a few property owners where their properties abut a County roadway. If the City were to assume the maintenance of these right-of-ways, it would cost approximately $35,000 to $40,000. Adopted Council Minutes Regular Meeting of February 25, 2003 Page 9 of 12 Mayor Johnson asked if staff is aggressive with the timeline so people are assured that lawns/weeds would be mowed. Park and Recreation Director Blank replied staff is in a position where they need to make judgment calls the majority of the time, perhaps due to the weather, equipment failure, etc. which attribute to delays. Larry Kelner, 4750 Orleans Lane North, voiced his concerns on property owners, who fail to mow their lawns. He stated Plymouth Ponds Apartments are adjacent to his property, and the property owners, rather than mowing it themselves, wait for the City to mow their lawn. He noted that they do maintain the lawn in the front of their building. He stated he has worked with many property owners of major companies, but they believe it's actually cheaper for the City to mow their properties. Therefore, he asked why the City needs to be in the business of mowing lawns? He believes the City's current Ordinance is outdated. He recommended the current Ordinance be amended to include language that fines property owners for each day after 10 days that they are granted to cut the lawns. He stated there are no incentives for the property owners to cut their lawns. City Attorney Knutson stated under State Statutes 429, the City could only assess the total cost of cutting the lawns. A fine is not permitted, but only an assessment system. Mayor Johnson asked if the City could assess for administrative costs. City Attorney Knutson replied yes, but he noted that the State Constitution limits the City's ability in how to assess the work. Michele Marshall, 15305 41St Avenue North, stated their property is at the corner of Rockford Road and Old Rockford Road. She stated there are utility lines located near the berm on their property that are constantly serviced by utility companies. Therefore, there are deep ruts in the property, which makes it very difficult to mow. She asked why they are responsible for mowing this property. She noted that their homeowners association has declined to mow the property. She believes that the City or the County, who have the appropriate equipment to mow this area, should mow this property. Kapila Bobra, who owns property located along the west side of Vicksburg Lane just south of Plymouth Creek Elementary School, agreed with Ms. Marshall. Councilmember Bildsoe asked what has occurred the past few years with complaints on County properties. Public Works Director Faulkner stated he hasn't discussed this issue with them. City Forester Buck added that the County typically mows their properties three times a year, and they usually mow a 10 -foot swath. City Manager Johnson stated that several years ago the City sent correspondence to the County Commissioners, but no improvement was made. Mayor Johnson asked if the City could assess corporate property at a different rate than residential property. City Attorney Knutson replied no. Adopted Council Minutes Regular Meeting of February 25, 2003 Page 10 of 12 Mayor Johnson asked if the City could tighten the timeframe on when properties have to be mowed, and could it be different on corporate and residential properties. Park Superintendent Peterson stated the administrative fees are included in the hourly rates that are assessed to the property owners. He stated the City's Ordinance is very similar to other communities. He noted there is the eight -inch height rule, and one would only need to mow their lawn three times a year with this requirement, based on the growing year. City Manager Johnson suggested that the City Attorney and staff review the current Ordinance and bring back a future report containing recommended changes for the Council's consideration. Councilmember Stein asked if the City Ordinance could differentiate between developed and undeveloped properties. City Attorney Knutson replied perhaps there could be different height limits for developed and undeveloped properties. Councilmember Bildsoe asked why the City requires maintenance of property that isn't owned by a property owner. Park Superintendent Peterson replied under the current Ordinance, the abutting property owners are responsible for the property up to the traveled portion of the roadway. Councilmember Black stated if there would be different heights for different types of properties, she would be concerned as that could take additional staff time to inspect and enforce. Mayor Johnson stated perhaps there could be standards where there are extreme hardships. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to direct staff to prepare a report by incorporating comments made this evening on some options. With all members voting in favor, the motion carried. The Council took a short break. 8.5) Consideration of Ordinance Prohibiting the Use of Exhaust Brakes within the City Councilmember Black asked if there could be signage on County Road 10 and County Road 9 informing motorists of this Ordinance. Police Chief Gerdes replied there would be an educational campaign and the installation of signage based on complaints. He stated other communities have adopted similar ordinances; therefore, the trucking industry is very well aware of these types of provisions. The complaints that the City has received have been specific areas and locations throughout the City. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to admit the an Ordinance Adding a New Section 1305.12 to Plymouth City Code, Prohibiting the Use of Exhaust Brakes within the City (Ord2003-05). With all members voting in favor, the motion carried. 8.6) Consideration of Skate Park and BMX Park at Zachary Playfield Adopted Council Minutes Regular Meeting of February 25, 2003 Page 11 of 12 Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt the Resolution ADDrovina the Skate Park and BMX Park at Zachary Plavfield (Res2003-095). Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to divide theueg stion. With all members voting in favor, the motion carried. Councilmember Black voiced her opposition to the BMX Park. Councilmember Slavik also stated she wouldn't support a BMX Park due to the dangers of the sport and liability issues. She stated the City has budgeted $115,000 for the skate park, and she asked how these funds would be spent. In addition, she noticed that there isn't a lease agreement. Park and Recreation Director Blank stated approximately $30,000 would be allocated towards the asphalt material, benches, and miscellaneous items. The remainder would be spent on ramps. He stated staff has had discussions with Pilgrim United Methodist Church for a five-year lease. This lease would include the provision for the church to discontinue the agreement if they need the space for future growth. The Council voted on the motion for the skate park and with all members voting in favor but Johnson, the motion carried. The Council voted on the motion for the BMX Park, and with Neset, Hewitt, Stein, and Johnson voting yes, and Bildsoe, Slavik, and Black voting no, the motion carried. Reports and Staff Recommendations 9.2) Legislative Update City Manager Johnson reported that Senator Gaither has drafted a bill to address relocation benefits, as requested by the Council. Mayor Johnson reported that the League of Minnesota is in the process of conducting discussion groups throughout the State. 9.3) Report on Status of Property located at Highway 55 and Highway 169 Adopted Council Minutes Regular Meeting of February 25, 2003 Page 12 of 12 Community Development Director Hurlburt stated that construction was suspended on this site. She explained that the building permit expired in January. Therefore, staff has started abatement proceedings. 9.4) Report on Legislative Community Meeting Councilmember Hewitt encouraged everyone to attend the meeting with the area Legislators on March 8 at 10:00 a.m. in the Council Chambers. 9.5) Report on Proposed Speed Limits for County Road 101 Councilmember Slavik referred to correspondence received from the County on their speed study conducted on County Road 101. She stated they are recommending 45 mph and 50 mph in different places. She requested that the City provide input on this survey and recommend a speed limit of 45 mph for the entire roadway. Public Works Director Faulkner stated the 85th percentile speed was over 50 mph. He agreed that it doesn't make sense to have two different speed limits on this road. Staff would pursue 45 mph for the entire roadway. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to direct staff to send a letter to the County requesting that the speed limit be set at 45 mph. Staff is to also note in the letter that additional plantings that would be in the median, and they could have a narrowing effect on the roadway. Therefore, the median could have an effect on the speed of traffic. With all members voting in favor, the motion carried. 9.6) Schedule Future Study Sessions Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to schedule a Study Session on April 15 immediately following the Board of Equalization Meeting to discuss the 2001 Audit Report and a report on a third sheet of ice. Councilmember Black requested to add the Lawn Garden Show, Environmental Fair, and recognition events for the police and fire to the City's official calendar. There being no further discussion and with all members voting in favor,. the motion carried. Adiournment Mayor Johnson adjourned the meeting at 9:57ZR, yp"/ Sandra R. Paulson, City Clerk