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HomeMy WebLinkAboutCity Council Minutes 07-08-2003Adopted Minutes Regular Council Meeting July 8, 2003 Deputy Mayor Hewitt 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 July 8, 2003. COUNCIL PRESENT: Deputy Mayor Hewitt, Councilmembers Black, Slavik, Bildsoe, Neset, and Stein. ABSENT: Mayor Johnson. STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline, Community Development Director Hurlburt, Police Chief Gerdes, Finance Director Hahn, Public Works Director Faulkner, Park and Recreation Director Blank, Housing Manager Barnes, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum Brad Gilbert, 4215 Revere Lane North, requested that Revere Lane south of Old Rockford Road be upgraded with new storm sewers. He spoke of the ponding of water that occurs after rainfalls. He noted that there is a water quality pond in their neighborhood, but there is no outlet. He stated he has been working with City staff, and he intends to submit a petition to the City. Public Works Director Faulkner stated staff would work Mr. Gilbert on the format and language for the petition. Presentations and Public Information Announcements There were no Presentations or Public Information Announcements. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda City Manager Johnson noted that the Resolution for item No. 6.05 had been revised as per request of the City's bond counsel. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the Consent Agenda, which included the followingitems: ems: Adopted Council Minutes Regular Meeting of July 8, 2003 Page 2 of 8 6.01) Minutes from the Special and Regular Council Meetings of June 24 6.02) Resolution Approving Disbursements for the Period ending June 27, 2003 (Res2003- 290). 6.03) Resolution Approving a Preliminary and Final Plat for Davem, Inc. for Construction of Annapolis Townoffice Park," a 16 -Unit Townoffice Development located at the Southeast Corner of the Intersection of 34th Avenue North and Annapolis Lane North (Res2003-291), and a Resolution Approving a Site Plan, Interim Use Permit and Variances for Davern, Inc. for a 16 - Unit Townoffice Development located at the Southeast Comer of the Intersection of 34th Avenue North and Annapolis Lane North (2003026 — Res2003-292). 6.04) Ordinance Amending Chapter 9 of the City Code Regarding Swimming Pools (Ord2003- 20). 6.05) Resolution Authorizing the Issuance of Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Harbor Lane Apartments Project), Series 2003; Establishing the Security Therefor and Authorizing the Execution of Documents (Res2003-293). 6.06) Resolution Authorizing the Approval of State Legislation to Authorize Changes to the Plymouth Firefighters Relief Association Pension Benefit (Res2003-294). 6.07) Resolution Authorizing Request for Proposals for Architectural Services (Res2003-295). 6.08) Resolution Receiving Petition for Street Improvements and Ordering Preliminary Engineering Report for Burl Oaks Neighborhood (Res2003-296). 6.09) Resolution Authorizing the Mayor and City Manager to enter into a Grant Agreement with the Federal Emergency Management Agency and Approve Payment to Metro Fire Res2003-297). 6.10) Resolution Accepting Donation of "Plymouth Pacesetter" Decals for the Neighborhood Traffic Calming Program (Res2003-298). 6.11) Resolution Accepting Donation of Material for Flags to be used for the "Wave, Wait and Walk" Crosswalk Program (Res2003-299). 6.12) Resolution Reimbursing Developer for Construction of Public Improvements for Harvest Hills (2001023 — Res2003-300). 6.13) Resolution Approving Lease Agreement between the City of Plymouth and the Plymouth Historical Society (Res2003-301). 6.14) Resolution Approving the Grade, Title, and Salary Range for Police Captain (Res2003- 302). Adopted Council Minutes Regular Meeting of July 8, 2003 Page 3 of 8 6.15) Resolution Authorizing the Acceptance of a Donation to the City of Plymouth from Gary and Rita Brummer for a Trail Easement along the North Side of 36th Avenue at 3601 Lancaster Lane (Four Seasons Villa Apartments) (3107 — Res2003-303). Deputy Mayor Hewitt and Councilmember Slavik thanked residents for items donated to the City item No's. 6.10 and 6.11). The motion carried to approve the Consent Agenda. Public Hearings 7.1) Application of RFB Corporation of Wisconsin, d/bla Rainbow Foods, 16705 County Road 24 City Clerk Paulson reported on the request of RFB Corporation of Wisconsin for an Off -Sale 3.2 Malt Liquor License for Rainbow Foods at 16705 County Road 24. Deputy Mayor Hewitt opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Deputy Mayor Hewitt declared the public hearing closed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adont a Resolution Approving Off -Sale 3.2 Malt Liquor License for RFB Corporation of Wisconsin, 16705 County Road 24 (Res2003-304). With all members voting in favor, the motion carried. General Business 8.1) Approve "All -Way" Stop at Lawndale Lane and Medina Road Public Works Director Faulkner reported in October 2001 the City received a petition from concerned residents in Cornerstone Commons regarding their desire for all -way stop control at the intersection of Medina Road and Lawndale Lane. This intersection is currently controlled by side -street stop control on the north and south approaches of Lawndale Lane. He stated traffic volume data was collected for a 48-hour period in November 2001 on all approaches of this intersection. The 85th percentile speed on Medina Road was determined to be 41 mph, which is near the 40 mph posted speed limit. He noted that there has been one accident at this intersection in the last four years. Based on the traffic volumes and accident data collected, an all -way stop was not warranted at this intersection utilizing the 1991 Minnesota Manual on Uniform Traffic Control Devices. He stated correspondence was mailed to the homeowner's association informing them that this intersection was analyzed for an all -way stop and did not meet the minimum traffic warrants necessary. However, staff recognized that there was limited sight distance at this intersection due to the curvature of the roadway and the existing landscaping. In order to improve sight Adopted Council Minutes Regular Meeting of July 8, 2003 Page 4 of 8 distance and reduce the potential for an accident at this intersection, staff recommended to the homeowner's association that the pine trees that were in the line of sight in the northwest quadrant of Medina Road and Lawndale Lane be relocated. In addition, sight distance is limited to approximately 275 feet on the south side of Medina Road, looking to the east. He noted that in June 2002, County Road 101 was closed for reconstruction from Media Road to Highway 55. This forced the closure of the two Cornerstone Commons accesses to County Road 101, resulting in higher traffic volumes using Lawndale Lane to access Medina Road. The closure also increased traffic volumes on Medina Road. Due to the closure of County Road 101 and the increase of vehicles traveling through this intersection during the reconstruction, staff installed a temporary all -way stop at this intersection from June to November 2002. He stated the response to the temporary all -way stop was positive. However, there were some negative comments and one homeowner, whose home backs up to the south side of Medina Road and is located very near the intersection of Medina Road and Lawndale Lane, strongly opposes the all -way stop. He stated in June 2003, the pine trees were relocated, which somewhat improved the line of sight for southbound traffic. Subsequently, the re -analysis was completed for an all -way stop. The intersection still did not meet the minimum traffic volumes and accident warrants necessary for an all -way stop. However, there is still insufficient sight distance on the north and south approaches of this intersection. Therefore, due to the limited sight distance, which is mostly attributed to the curvature of the roadway, staff supports the installation of an all -way stop at this intersection. Councilmember Slavik asked who was responsible for the plantings at this intersection. Public Works Director Faulkner replied the plantings were part of an approved landscaping plan for the Cornerstone Commons development. Councilmember Slavik stated she has noticed there is also a Star Tribune newspaper box at this intersection. Public Works Director Faulkner stated staff has contacted them regarding the relocation of that box. Councilmember Black asked if the shrubbery would be removed, would there be any improvement in the sight distance. Public Works Director Faulkner replied the plantings would need to be totally removed in order to improve the sight distance. Councilmember Neset asked how many trips per day would warrant a stop sign on this type of roadway. Public Works Director Faulkner replied there would need to be a minimum of 210 vehicles in an eight hour period for Medina Road and 140 vehicles on Lawndale Lane. He stated Medina Road meets the requirement, but Lawndale Lane doesn't. Councilmember Bildsoe asked if staff believes that an all -way stop is warranted based on reviewing the intersection and safety concerns. Public Works Director Faulkner replied yes. City Manager Johnson commented that the City's ordinance allows the City to control plantings 30 feet from an intersection. The majority of the plantings at this intersection are not within the Adopted Council Minutes Regular Meeting of July 8, 2003 Page 5 of 8 30 feet, and they are located on private property. He added that according to the Uniform Traffic Manual, only one of the requirements needs to be met, and staff noted that the sight distance doesn't meet the requirement. Councilmember Bildsoe, who serves on the Cornerstone Villas board, stated that they are in the process of reviewing the landscaping for their property, and if the shrubs are posing a sight distance problem, perhaps they should be removed. The board supports the all -way stop sign at this intersection. Wade Niemi, 17600 35th Avenue, stated he is the property owner that is opposed to the all -way stop. He stated the average speed of the traffic is 41 mph when the roadway is posted 40 mph. He believes that if the berm is removed and the Star Tribune box and shrubbery are relocated, that would address the sight distance concern. He stated his neighbors have also indicated that there is no basis for the stop sign. He believes that Medina Road was designed to carry traffic, not stop the traffic. He also is concerned about the noise as there was an increase in the amount of vehicle noise when the temporary signs were in place. Robert Schafer, 17700 38`h Avenue North, representing Cornerstone Commons, stated there are only two ways to exit their development --on Lawndale Lane and 38`h. He stated there was a very serious accident at this intersection. He agreed that the Star Tribune box should be relocated approximately 20 feet which would assist the problem. He indicated that Medina Road west of Lawndale Lane is not at level grade. He stated removing the shrubbery wouldn't address the problem. Bob Bathke Sr., 3659 Lawndale Lane North, noted that there is pedestrian traffic coming from Cornerstone Commons that crosses to the south side of Medina Road to access the roadway. Councilmember Black asked if there is a pedestrian walkway located there. Public Works Director Faulkner replied yes. Motion was made by Councilmember Black and seconded by Councilmember Stein to adopt a Resolution Authorizing the Installation of an "All -Way" Stop at the Intersection of Medina Road and Lawndale Lane (Res2003-305). Councilmember Neset asked about projected traffic levels for Medina Road. Public Works Director Faulkner stated the intersection currently meets the standard for all -way stop, and the traffic volumes are expected to double by the year 2020. He reiterated staff's support for the all - way stop based on safety reasons. Councilmember Slavik asked if there could be the possibility of traffic backup with an all -way stop. Public Works Director Faulkner replied based on other similar intersections in the City, there shouldn't be a problem. Councilmember Black voiced her support for the all -way stop. Councilmember Slavik stated she has reviewed the intersection, and she believes that the landscaping is contributing to the sight distance problem. Adopted Council Minutes Regular Meeting of July 8, 2003 Page 6 of 8 Councilmember Stein that a resident from Heather Run contacted him to voice their concern that there was insufficient notice of tonight's meeting on this item. He indicated his desire to table this item prior to approval of an all -way stop to determine if the landscaping at this intersection could be rearranged and if the Star Tribune box could be relocated. He noted that with an all way stop, there could additional vehicle noise for the residents of Heather Run. Motion was made by Councilmember Stein, and seconded by Councilmember Slavik, to table this item in order to review the landscaping configuration and to determine whether the Star Tribune box could be relocated. Community Development Director Hurlburt stated staff has strongly encouraged berming and landscaping along major thoroughfares. The Council needs to be very careful in removing the development's only buffer from a busy roadway. Deputy Mayor Hewitt asked if there is a sight restriction with the Star Tribune box, could the City request that the box be removed. City Attorney Knutson replied the City could enact an Ordinance addressing the newspaper boxes so there would be some control on where they are placed. Councilmember Bildsoe stated he doesn't feel that removing the berming and shrubbery would resolve the issue, but it's more of an issue on the design of the street. Councilmember Bildsoe asked if a delay would affect the installation of the stop sign. Public Works Director Faulkner replied there would no impact. There being no further discussion, the Council voted on the motion to table the item. With all members voting against the motion but Stein, the motion failed. The Council voted on the main motion and with all members voting in favor but Stein, the motion carried. 8.2) Consideration of Michelle Brousseau/Appeal of Staff Interpretation of Conditions on Setback Variance for Cantilever Addition (2002145) Community Development Director Hurlburt reported on the appeal by Michelle Brousseau of staff's interpretation of Condition No. 3 of Resolution No. 2003-103, which approved a Variance to the side yard setback for construction of an above -grade cantilever addition at 3735 Wellington Lane. She stated the Council may take one of the following actions: 1. Adopt a Resolution sustaining the appeal, finding that staff erred in interpreting the Resolution and that Condition No. 3 of the Variance Resolution has been met. Staff would then issue the building permit for the cantilever addition. 2. Adopt a Resolution denying the appeal, finding that staff correctly interpreted the Resolution and that Condition No. 3 of the Variance Resolution has not been met. The appellant would then be required to meet the condition before a building permit may be issued or would be required to remove the partially constructed addition and not utilize the Variance. Adopted Council Minutes Regular Meeting of July 8, 2003 Page 7 of 8 She noted that the Council has 60 days to act on the appeal. Any party who would disagree with the outcome of an appeal, could seek review by the courts. Councilmember Black asked if it's uncommon for the Council to require surveys for additions on homes. Community Development Director Hurlburt replied staff wouldn't typically require a new survey for a small addition such as this. Councilmember Stein stated the surveyor did locate the stakes on the property and verified that the fence was one side of the string. He believes that this was the intent of the Council. If there was a dispute about the placement of the fence, that is a different dispute than if the addition is constructed or not. Community Development Hurlburt stated the Council discussed this item at two different meetings. At the first meeting, the Council directed a Resolution be prepared for denial. At the second meeting, the approved minutes reflect that the neighbor felt there should be a new survey with stakes. She stated the surveyor wasn't able to render a professional opinion without doing a new survey. Cindy Bearman, 3725 Wellington Lane, apologized that this dispute has progressed to this point. She stated that they agreed, after talking with staff, to allow Ms. Brousseau to obtain her Variance with the condition that there would be a new survey and any encroachments would be removed. She stated she was informed that Ms. Brousseau agreed to that request when the Variance was approved. Since that meeting, Ms. Brousseau has placed stakes in the yard along with string. City staff measured from their house to the string, and it was 9.5 feet. Their addition was constructed so they were 10.5 feet from the property line. There is a discrepancy of six inches. She stated their surveyor has reviewed the area, and the stakes aren't correctly located, and a portion of Ms. Brousseau's fence and landscaping is encroaching. She requested that the Council adopt the Resolution denying the appeal which would uphold the condition for a new survey that Ms. Brousseau agreed to and remove whatever is encroaching. David Bearman, 3725 Wellington Lane, stated in 1997, stakes were placed on their property lines when they planned their addition. In 1998, when Ms. Brousseau constructed her fence, they lost six inches of property. However, he has always maintained that property on that side of the fence. He stressed the need for a new survey of the property. He noted email correspondence that he considers a threat from Ms. Brousseau. Councilmember Neset stated he assumption was that the surveys were accurate, and he thought they were meant to be exact. He believes that the intent was to determine the exact property line. Councilmember Bildsoe stated he intended that there would be a definite determination of property lines. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Denying an Appeal from City Staff s Interpretation of Condition No. 3 of Resolution 2003-103 Concerning a Side Yard Variance (Res2003-306). Adopted Council Minutes Regular Meeting of July 8, 2003 Page 8 of 8 City Attorney Knutson commented that by adopting the Resolution denying the appeal, this upholds that a formal survey would be required by Ms. Brousseau. Councilmember Stein stated he felt Ms. Brousseau satisfied that condition. Therefore, he would be voting against the motion. Councilmember Slavik stated her intent was for the exact property lines to be determined. She stated there was a discrepancy as to the placement of the fence, and this would be a compromise to correct the situation. Councilmember Black stated she would be supporting the motion. Deputy Mayor Hewitt stated her intent was that the property would be surveyed, and Ms. Brousseau completed that requirement. However, her surveyor wasn't willing to attest to the accuracy of his work for the purpose of defining the property line. She stated she would be supporting the motion. There being no further discussion and with all members voting in favor of the motion except for Stein, the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations. Adjournment Mayor Johnson adjourned the meeting at 8:40 p. ttdG & -, Sandra R. Paulson, City Clerk